Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Amaravati Sustainable Capital City Development Project (ASCCDP) Final Final Draft Resettlement Policy Framework Andhra Pradesh Capital Region Development Authority (APCRDA) Government of Andhra Pradesh, Amaravati July 2018 Version 5 1 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Contents ACRONYMS ........................................................................................................................................................... 3 EXECUTIVE SUMMARY ...................................................................................................................................... 4 I. INTRODUCTION .............................................................................................................................................. 12 Background .................................................................................................................................................... 12 Need for Resettlement Policy Framework ................................................................................................. 12 Amaravati Capital City development and the World Bank supported Project .................................... 13 II. LAND ASSEMBLY INSTRUMENTS ............................................................................................................. 17 Land Pooling Scheme (LPS) ......................................................................................................................... 18 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) .................................................................................................. 22 Negotiated Settlement Policy ...................................................................................................................... 22 III.CONSISTENCY OF LAND ASSEMBLY MECHANISMS WITH THE WORLD BANK RESETTLEMENT POLICY .............................................................................................................................. 25 World Bank Operational Policy OP 4.12 on Involuntary Resettlement ................................................. 25 IV. ASSISTANCE TO LANDLESS AGRICULTURAL LABORERS ............................................................... 29 V. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ........................................................ 35 Implementation Mechanism for LPS / LA / Negotiated Settlement Policy ......................................... 35 Coordination with District Administration for Land Acquisition ......................................................... 36 Sub-Component Social Impact Assessments ............................................................................................. 38 Preparation and approval of sub-component specific RAPs................................................................... 39 Valuation of Land and Assets ...................................................................................................................... 40 Due Diligence Approach .............................................................................................................................. 41 Grievance Redressal Mechanisms (GRMs) ................................................................................................ 44 Funding arrangements, Costs and Escrow Account ................................................................................ 53 Disclosure ....................................................................................................................................................... 54 Management Information System (MIS) .................................................................................................... 54 Monitoring and Evaluation (M&E) ............................................................................................................. 55 Annexures .............................................................................................................................................................. 63 Annexure 1 - Definitions ...................................................................................................................................... 64 Annexure 2 - Land Pooling Scheme (LPS) Annex ............................................................................................ 68 Annexure 3 – Entitlements Matrix – Negotiated Settlement Policy ............................................................ 103 Annexure 4 – Entitlements Matrix: Land Acquisition ................................................................................... 105 Annexure 5 - Comparison of World Bank OP 4.12 with Land Assembly Instruments ............................ 110 Annexure 6 - Summary of Stakeholders Consultation .................................................................................. 117 2 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework ACRONYMS AP Andhra Pradesh APCRDA Andhra Pradesh Capital Region Development Authority APSSDC Andhra Pradesh State Skill Development Corporation ASCCDP Amaravati Sustainable Capital City Development Project BSO Board Standing Orders CA Competent Authority CBD Central Business District DC District Collector DT Deputy Tehsildar EC Encumbrance Certificate EPTRI Environment Pollution Training & Research Institute F&I Formulation and Implementation GP Gram Panchayat GTP Gujarat Town Planning HR&CE Hindu Religious & Charitable Endowments IAY Indira Awaas Yojana LA Land Acquisition LPOC Land Pooling Ownership Certificate LPS Land Pooling Scheme MA&UD Municipal Administration & Urban Development MGNREGA Mahatma Gandhi National Rural Employment Guarantee Act MIS Management Information System MNREGS Mahatma Gandhi National Rural Employment Guarantee Scheme MoU Memorandum of Understanding NIC National Informatics Centre NMT Non-motorized Transport OP Out Patients PAF Project Affected Family PDF Project Displaced Family POT Prohibition of Transfer R&R Resettlement & Rehabilitation RPF Resettlement Policy Framework RSR Resettlement Register RTFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement – referred to as LARR Act SIA Social Impact Assessment SWM Solid Waste Management TDR Transferrable Developmental Rights ULB Urban Local Body URDPFI Urban and Regional Development Plan Formulation and Implementation VGTMUDA Vijayawada, Guntur, Tenali, Mangalagiri Urban Development Authority 3 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework EXECUTIVE SUMMARY In June 2014, the state of Andhra Pradesh (AP) was bifurcated into the successor states of (AP) and Telangana, through the Andhra Pradesh Reorganization Act (2014) of the Indian Parliament. A new state administration was set up to govern the new state, and the development of a new administrative center, Amaravati Capital City, was announced. The site of the new capital city was finalized by the Government of AP at a location of great historical significance, strategically selected given the area’s economic potential, good access to a skilled labor workforce and water to cater to a growing urban population. The nearest cities to the new Capital City are Vijayawada at a distance of 30 km, and Guntur at a distance of 18 km. The Capital Region, is characterized by strong network of transport infrastructure via rail (Vijayawada and Guntur cities have major railway stations), roads (the NH-16 and the NH-65 pass through the region), and a domestic airport near Vijayawada city (proposed to be converted into an international airport). Further, the region is located in proximity of a proposed sea port in Machilipatnam. The economy of the Capital Region is primarily driven by agricultural (production of crops including cotton, sugar-cane, pulses, spices, etc.) and service sectors (trading, construction, hospitality, etc.). The industrial activity in the region is limited to upstream manufacturing and characterized by disorganized industrial units across sectors such as food processing, textile, non-metallic minerals, pharmaceuticals, aquaculture, etc. Amaravati City and the surrounding region is also known for the perennial Krishna river, scenic islands and various religious and cultural heritage sites such as Durga temple, Buddhist Stupa, Undavalli Caves, Bhavani temple, Narasimhaswamy temple, Dharanikota, etc. At the time of the announcement of the Capital City the area predominantly consisted of agricultural fields, mainly with commercial crops. Amaravati City is spread across 25 villages in three mandals (Thulluru, Mangalagiri and Tadepalli) of Guntur District. In 2011, the population in the area was almost 100,0001. The Government of Andhra Pradesh directed the Andhra Pradesh Capital Region Development Authority (APCRDA) to undertake development schemes in the Capital City area and accordingly the Capital City Development Project is under implementation. The World Bank supported – Amaravati Sustainable Capital City Development Project – ASCCDP (the project) – is aimed at providing select urban infrastructure in designated locations of Amaravati Capital City, and to develop capacity of its urban governance institutions. The total budget for the project is estimated at US$ 715 million, of which IBRD financing would be US$300.00 million, and co-financing from the Asian Infrastructure Investment Bank (AIIB) of US$200. The Bank loan will constitute only a fraction of the overall US$6-7 billion needed over the next 10 years to develop the necessary infrastructure and institutions for the city. Bank-supported investments are expected to involve 5-10 percent of the total land area identified in the Master Plan for the development of Amaravati City. Current and future residents of the selected areas within Amaravati City would benefit from the ASCCDP. The Project is classified as Category A. Infrastructure interventions to be financed under the ASCCDP include: (i) priority 1 The 2011 Census show a breakdown of the population as follows: 50.2 percent female, 49.8 percent male, Schedules Castes 29.7 percent and Scheduled Tribes 4.4 percent. 4 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework road networks that provide connectivity across the future Capital City; (ii) flood management and resilience investments; and (iii) village infrastructure upgrade investments. Not all the investments to be financed under the project have been identified at the time of project appraisal. Accordingly, specific safeguards instruments, including Environmental Management Plans, as well as Resettlement Action Plans (RAPs) can only be prepared for some of the planned, known interventions. Specifically, a network of 10 priority roads is under construction, and the flood management works are under advanced stages of preparation. This Resettlement Policy Framework (RPF) provides guidelines for the preparation of investment-specific RAPs for the roads and the flood management works, as well as those for future village upgrading investments, once those are identified. The RPF includes principles, processes, institutional arrangements for the preparation and implementation of Bank-financed investment-specific RAPs. RAPs will analyze and mitigate potential resettlement impacts of project interventions, and will be prepared consistent with the guidance included in the RPF. The RPF and subsequent RAPs are consistent with World Bank’s Operational Policy (OP) 4.12 on Involuntary Resettlement. To develop Amaravati according to its Master Plan, the Government of Andhra Pradesh needs to assemble 217 km2 of land. The land is being assembled using a combination of land management mechanisms, including: (i) Land Pooling Scheme, whereby land owners surrender their land in return for a smaller plot of urban, serviced land (returnable plot) in the Capital City area that is of higher value than the land relinquished, along with a range of livelihood support measures including inter alia an annuity, skill upgrading and support for setting up self-employed enterprises; (ii) Negotiated settlements, applicable only for land and assets within existing villages, whereby the Government and land owners agree on the terms of a compensation package that is consistent with the provisions of the 2013 Land Acquisition, Rehabilitation and Resettlement Act (LARR Act, 2013), but in which the compensation involves, among other things, a land- for-land exchange rather than a cash exchange, as well as relocation assistance; and, if neither of these first two mechanisms is successful, (iii) Land Acquisition via the 2013 LARR Act, by which compensation for land acquired (replacement value and livelihood support) is provided as per the requirements of the Land Acquisition Act. All such land acquisition mechanisms, to the extent they are applied to land within the project, will be subject to the application of OP 4.12. Land assembly will impact various categories of people including: (i) land owners (with titles) who will give up their land under LPS, LARR or Negotiated Settlements; (ii) landless tenants and agricultural wage laborers; (iii) farmers on government-assigned lands; and (iv) informal occupants of agricultural lands and land in villages. Among these, special attention is given to several vulnerable groups, including but not limited to: (i) women; (ii) aging populations; and (iii) scheduled castes/scheduled tribes. All those affected by the ASCCDP will be taken into consideration in the design of the project, in accordance with the Bank’s policy objective that displaced people should be assisted to improve or at least restore their livelihoods. At the time of preparation of this RPF, the land acquisition impacts for (i) the 10 priority roads, and (ii) flood management works, are summarized in Table A. The impacts of future works associated with village infrastructure upgrade are not yet known. 5 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Table A – Land acquisition impacts of World Bank financed priority roads and flood management works Number of Area Number of Area required Total number Total area land- required land-owning for WB- of land- required for owning for 10 families financed flood owning WB-financed families priority affected by management families roads and affected by roads WB-financed works affected by flood 10 priority financed flood (acres) WB-financed management roads by WB management investments works financed (acres) works (07/2018) by WB (acres) LPS 1,757 1,002.6 1,754 1,131.3 3,511 2,133.9 2013 LARR 71 27.7 110 75.5 181 Act 103.2 Negotiated 176 17.4 27 10.4 203 Settlements 27.8 Government 38 53.8 ---- 811.11* 38 land** 864.9 Total 2,042 1,101.5 1,891 2028.3 3,933 3,129.8 Number of landless families impacted by land assembly processes: 21,374 families (*) This includes 680 acres of land in reservoirs (Krishnayapalem, Neerukonda and Sakhamauru) and stream flow area and land adjoining the stream per irrigation records (Vagu land). (**) Occupants of Government land will be assisted as per the Negotiated Settlement policy. Note: Land owners currently undergoing Land Acquisition procedures may still opt to join LPS. While this will not affect the total number of families affected, it may affect the breakdown of affected people by land assembly mechanisms. Consistency of land assembly instruments used in Amaravati with OP 4.12 1. Land Pooling Scheme (LPS) – The entitlement matrix is provided under APCRDA Act, 2014 and AP Capital City LPS Rules, 2015. The entitlement matrix is included in Annexure 2. Land owners who opted to participate in the LPS have benefitted in terms of the market value of their returnable plots. Even though the area of returnable plots is smaller, i.e. up to 30 percent that of the original plot, through the change of classification from rural to urban (residential and commercial), and given the access to infrastructure, LPS farmers have already recovered the value of their original plot. On average, in 2017, the value of land has appreciated by 2.7 times the local average rates for rural land through a combination of value of returnable urban land / plots (based on current government guideline rates of urban land). Based on market rates of land as of early 2018, the value received by LPS farmers would be substantially higher – as confirmed by data from 2018, with sales ranging from 7 to 28 times the estimated market value of rural lands that were contributed / surrendered for LPS. International experience suggests that once the city is developed, these values will increase further. In addition to the market value of their returnable plots, land owners have received annuities and other benefits from APCRDA since May 2015. Unless they sell their plots, they will continue to receive these additional payments and benefits for six more years, which will add up to substantial revenues. Therefore, land owners have received 6 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework adequate compensation for their plots, i.e. replacement cost and/or higher, which has benefited them financially from the transaction. They will have the option to remain in Amaravati and continue to benefit from the transformation of the region from a rural to an urban driven economy, and thus from improved living standards and economic opportunities. Negotiated Settlement Policy (NS) – The entitlement matrix for Negotiated Settlement Policy is included in Annexure 3. A review of the Negotiated Settlement Policy (NS) indicated that: (i) the policy provides for land-for-land compensation and payment of two times the cost of the structures at current scheduled rates, hence it adequately meets the requirement of ‘replacement cost’ under Bank policy; and (ii) for structure-related impacts associated with the Bank project, depreciation costs towards structure value are to be paid separately, as provided in RPF to meet gaps vis-à-vis Bank policy. Equivalent developed land is being given in the same vicinity and within Amaravati city, in addition to construction grant and transitional support (moving allowance and subsistence allowance are provide for one year). All these benefits will enable people to improve or at least restore their living conditions to pre- Capital City standards over time. 3. Land Acquisition per 2013 LARR Act - The entitlement matrix for Land Acquisition is included in Annexure 4. A review of the 2013 LARR Act found the following gaps when compared to the Bank policies: (i) structure valuations are estimated as per the prevailing State Scheduled Rates (SSR rates), and depreciated values for structures are paid to affected people; (ii) cut- off date requirements for eligibility of affected people - the cut-off-date for non-titleholders to be eligible for assistance under the 2013 LARR Act is three years preceding the acquisition, and for the titleholders it is the date of preliminary notification; and (iii) no assistance to those using/occupying public lands (for example, squatters). To address these gaps, APCRDA and the Bank have agreed on the following: (i) compensation of structures will be paid as per the provisions of the LARR Act but without depreciation; (ii) the cut-off date for non-title holders is the date of the census survey for impacts in village areas under the Bank project (i.e. socio-economic survey). In the case of title holders, the cut-off date is the date of preliminary notification; and (iii) all those occupying public lands will receive assistance, as per applicable provisions of LPS and NS policies, as follows: (a) those who are dependent on agriculture lands will receive smaller size returnable plots and pensions, as per LPS (see Annexure 2); and (b) those residing in public lands in village areas will be provided housing and transitional support, as per NS policy (see Annexure 3). 4. Landless agricultural laborers – Landless laborers working in the capital city area lost their primary source of income as land was assembled for the development of Amaravati. As such, landless agricultural laborers have been directly impacted by the capital city development project, as land was transferred to APCRDA. A key consideration concerning landless laborers is therefore the extent to which alternative sources of income are available locally to replace the loss of income from agricultural jobs. Although OP 4.12 applies only to the footprint of the World Bank financed project, it is challenging to differentiate between landless laborers affected by land assembly within 7 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework and outside the World Bank project boundaries. Therefore, APCRDA has agreed that for purposes of this RPF, all landless families registered with APCRDA for pension by July 15, 2018 will be considered project affected people for the purposes of provision of livelihood restoration measures. The payment of pension and other livelihood-related benefits will be monitored for the list of registered landless families as per this RPF. As of July 15, 2018, the total of number of landless households is 21,374. Final Landless agricultural laborers working in the Capital City area are eligible to receive a combination of livelihood restoration benefits that includes: (i) payment of pensions @ INR 2,500 per month per family for a period of 10 years, with annual increases linked to inflation index; (ii) employment under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) for up to 365 days per year; (iii) facilitate access to interest-free loans for setting up enterprises; (vi) access to skill upgrading and training opportunities; (v) provision of subsidized food; and (vi) free access to medical and educational benefits in designated facilities. When livelihood restoration benefits are fully accessed by landless laborers, landless households are in a financial situation comparable or in some cases better to their status pre-Capital City. However, some landless families may have challenges accessing all the livelihood restoration benefits, in which case there are people in situation that may be worse than their pre-Capital City status. The World Bank’s policy on involuntary resettlement states as an objective that “displaced persons should be assisted in their efforts to improve their livelihoods and 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.” In line with this objective, measures in addition to those already in place by APCRDA and covering all landless laborers are included in this RPF, to identify and to address, specifically, the needs of the most vulnerable subset of landless households, who need extra support to return to their levels prior to the announcement of the Capital City. The following typologies of landless households are recognized as those at the highest risk: (i) families with women head of household; (ii) households where family members have physical disabilities; (iii) families with chronic diseases; (iv) households with aging family member who cannot longer work (over 60 years old); (v) families with no alternative sources of income other than APCRDA pension; and (vi) families of Scheduled Castes/Scheduled Tribes whose sole source of income is APCRDA pensions. APCRDA has established a methodology to identify the vulnerable landless families, within a total of 21,374 landless households as of cut-off date. Using this methodology an assessment was carried out by APCRDA in June - July 2018. A total of 857 vulnerable landless families were identified, living in the 25 villages of the Capital City area. While they are similar in nature to some of the general initiatives that APCRDA is implementing across the Capital City for all landless laborers, additional measures specifically tailored and targeted to the needs of the identified 857 families have been designed and include: (i) expanding safety nets for targeted; (ii) skill training for those eligible, tailored to supply of jobs; (iii) job dashboard with information on employment opportunities in villages across the Capital City; (iv) safe, public transportation options for women to travel for work to other locations; and (v) creation of more employment opportunities under MGNREGA within and nearby area of Capital City. Existing Self Help Groups (SHG) will, in coordination with APCRDA, engage in reaching out to the targeted households and supporting them as these proposed measures are rolled out. Specifically, they will, first, monitor the implementation of measures targeted 8 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework to the vulnerable landless households to ensure that measures: (i) provide additional opportunities for target vulnerable landless families to improve their livelihood; and (ii) address some of the bottlenecks in accessing existing programs. Second, activate monitoring mechanisms to verify and calibrate the success of proposed measures, aiming at reducing the number of vulnerable landless families with time; and third, engage with communities and identify new potential families that may need additional assistance. It is expected that the original number of vulnerable landless families will reduce gradually, as target support measures bridge existing gaps and allow families to access opportunities to improve their livelihoods. The monitoring mechanism is in place, building on the present and the penetration of SHGs and of NGO/consultants, will provide a channel to identify on a continuous basis, families that may fall into a vulnerable state. Consultation and communications Thousands of consultation events have taken place since 2014 following each phase of development of the Capital City, starting with the preparation of the Master Plan, and continuing today. Consultations have taken many forms – in the early days they were informal, door to door conversations in the villages, community meetings, which evolved after the start of the LPS into well planned, documented consultations with hundreds of stakeholders. Project Information Centers (PICs) were set up in every village to allow for continuous consultations to take place, on demand, when sought out by the residents of the Capital City. Consultations have been done in person, in writing, and on the phone, in English and in Telugu. They have been coupled with a communications campaign that has made extensive use of printed materials, newspapers, radio, videos, internet and social media. Throughout the evolution of the Capital City, consultations have taken place focused on different milestones, specifically: i. Master Plan preparation and notification - extensive consultations took place during the timeline of preparation of the draft Concept Plan and until the notification of the final Master Plan in February 2016; ii. Announcement of Capital City Development Program and of LPS - The official start of the LPS was January 1, 2015. Pre-LPS consultations started in September 2014, and hundreds of distinct events were carried out by APCRDA to inform residents of the capital city area of the development of the new city. Efforts were made to organize consultations at different times (day and evening), and to have meetings in neighboring cities (e.g. Bangalore). Consultations continued in 2015. During consultations, the various steps of the process were explained to landowners. Based on the feedback from consultations, APCRDA made revisions to the program’s entitlement matrix, including, returnable plot sizes, and inclusions of various categories of impacted people. As a result of the consultations, some farmers who had initially opted out of LPS have joined, and conversely, some farmers who had initially expressed interest in joining the LPS did not. Consultations also resulted in changes in the design of the program, including, for example: (a) livelihood restoration benefit packages; (b) the need for different package (compensation values) for dry lands and lands irrigated with ground water (Jareebu), which was petitioned farmers; and (c) during consultations and in the early days of the LPS, APCRDA traveled to other places in India and abroad (e.g. Mumbai, Guajarat, Singapore) with some farmers to learn from other previous experiences and have an informed understanding of all the challenges, opportunities and risks of the LPS iii. Roll out of LPS – Thousands of consultations with farmers and landless workers took place during the process of joining LPS, while layouts for returnable plots were 9 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework agreed upon and until the returnable plots were allotted and accepted by the farmers. 30,000 farmers have joined the LPS as of mid-2018, and were consulted at different periods in time, in person if they reside in the area, or via absentee communications if they lived away. iv. Consultations on Social Impact Assessment (SIA) under the LARR Act 2013. As part of the land acquisition process for capital city development under the LARR Act 2013, the district administration has been conducting consultations and public hearings on village-specific SIAs in every affected village. Consultations are held by independent consultants and these are still ongoing for a few remaining villages. The minutes of these consultations are disclosed on the APCRDA website. All those going through Land Acquisition procedures, as per the LARR Act, are informed and notified multiple times during the process. v. Regular grievance redress meetings - ACPRDA conducts regular weekly grievance redress meetings to resolve landowners’ concerns regarding the LPS and other aspects of the development of Amaravati City. vi. Project Information Centers (PICs) are well staffed and open to the public. Grievance logs and documentation are maintained, including descriptions of the project. Information on safeguards documents will be available for consultation at the PICs as well as online, once the safeguards instruments have been finalized and disclosed (in English and Telugu). vii. Consultations continue today, on a permanent basis, as the LPS continue and Land Acquisition is underway. Meetings and focus groups are regularly held at PICs and APCRDA offices. viii. Safeguards instruments - Additional rounds of consultations have been carried out as the World Bank project is prepared, and more specifically as the safeguards instruments are finalized. Separate consultations have been held with multiple stakeholders, in preparation of the Environmental and Social Management Framework (ESMF), the Environmental Impact Assessment (EIA) and associated Environmental Management Plans (EMPs) for the roads and the flood management works. Separate rounds of consultations have been held for this RPF and for the associated Resettlement Action Plans (RAPs) for roads and flood management works. World Bank consultations have been held primarily throughout 2017, as project preparation advances, in 2018. Communications campaign - APCRDA has hired a communications firm and they have significantly strengthened their communications campaign, as follows: (i) production of videos, printed materials (pamphlets, books, posters, banners), radio and TV campaigns (in English and in Telugu) that describe the overall Amaravati City Development Program and the proposed World Bank Project, in all languages; (ii) website frequently updated and including current information; and (iii) increased social media presence and grass root communications efforts in various languages. Grievance Redress Mechanism (GRM) - A robust GRM Mechanism for the overall Capital City has been set up by APCRDA. The GRM provides multiple avenues, covering physical, web-based and telephonic channels for registering and seeking redress of grievances, all of which are operational. These include: (i) ‘Meekosam’- state-wide single- window, online framework for receiving grievances, complaints, covering all government departments. Complaints are routed to the concerned department, including APCRDA for 10 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Amaravati related grievances; (ii) physical system in which designated officials, i.e. Competent Authority (CA) at various zonal offices throughout the city, who can be approached by citizens to address grievances. There are approximately 26 units of CAs headed by Deputy Collector. Every Monday, a grievance redressal meeting to attend public grievances is held at APCRDA offices with CAs; (iii) separate online system being operated by APCRDA through their portal; (iv) Call Center - a toll free complaint number ‘1100’ is provided to the public by the Government of Andhra Pradesh to serve as a GRM and complaints registered through this facility go directly to APCRDA; and (v) Mobile app – called ‘Mana Amaravati’ provides information on the progress of Amaravati city development. It includes an in-built application for grievance redressal. Additionally, Project Information Centers (PICs) have been set up, one in every village. PICs are open to the public, staffed by educated youth from the respective villages who are trained as information assistants, to provide information to villagers about the public. The PICs are equipped with brochures, documents, pamphlets (all in English and Telugu) presenting information about the project and the GRM. A log book is kept in every PIC to register grievances of villagers on a walk-in basis. The multiple channels for grievance redress that have been set up by APCRDA provide adequate avenues for the population of the Capital City area to express their grievances. They will be used as the Project-level GRM to address issues of Project Affected People (PAP), and as such will be monitored by the World Bank. Having a combined GRM will mitigate potential confusion among PAPs and it will promote efficiency in the response of complaints. This policy framework will be updated from time to time based on the implementation experience, as well as on new impacts and/or required changes in the policy provisions to address those impacts. All changes to the RPF will be done in consultation with, and upon approval of, the World Bank. 11 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework I. INTRODUCTION Background 1.1 Government of Andhra Pradesh is developing Amaravati Capital City and Government has directed the Andhra Pradesh Capital Region Development Authority (APCRDA) to undertake construction of Capital City under section 43 (5) of the APCRDA Act, 2014, vide G.O. Ms. No. 257, MA & UD (M2) Department, dated: 30-12-2014. 1.2 As part of overall Capital City development, priority infrastructure investments and institutional strengthening initiatives within the Capital City are proposed to be taken up with the World Bank assistance, under the “Amaravati Sustainable Capital City Development Project”-ASCCDP (the project). The main components envisaged under ASCCDP are: i) Basic urban pro-poor infrastructure; ii) Green / climate resilient infrastructure; iii) Citizen benefit sharing; (iv) Institutional and Fiscal Development; and (v) Project management and implementation support. Funding for infrastructure under the ASCCDP will primarily focus on road networks, flood management works and village infrastructure development. Need for Resettlement Policy Framework 1.3 All interventions to be financed under the World Bank project have not been identified by project appraisal, and thus the overall impacts on land requirements and potential involuntary resettlement cannot be determined upfront. Hence, the preparation of a Resettlement Policy Framework (RPF) is needed, to describe the principles, objectives and processes for preparation of specific resettlement plans that will be applicable to interventions financed by the World Bank project, once they are identified during project preparation/implementation. The RPF describes the principles and approach in avoiding, minimizing and mitigating adverse social impacts that may arise in implementation of proposed interventions financed by the World Bank. The RPF also provides process for consultations, impact assessment, census and socio-economic surveys, as well as for the preparation and implementation of mitigation plans. The RPF was prepared in line with the provisions of National laws, State laws and the World Bank’s involuntary resettlement policy (OP 4.12). The RPF will be reviewed and updated from time to time to ensure relevance and consistency with applicable all applicable laws and with World Banks policies. 1.4 All interventions financed under the ASCCDP will require Resettlement Action Plans (RAPs) to be prepared and approved by the World Bank prior to commencement of works, consistent with the guidelines included in the RPF. By the time of project appraisal (September 2018), two (2) RAPs have been completed in accordance with this RPF and approved by the World Bank. These include the RAP for ten priority roads and the RAP for flood management works. These RAPs have been disclosed both in-country (APCRDA website) and on the Bank’s external website. 1.5 The Policy Framework ensures: a) adequate consultation with institutions of local self-government institutions, Grama Sabhas, affected people, and other stakeholders; b) informed and transparent process in implementation of land assembly instruments for development of infrastructure facilities; c) least disturbance to the owners of the land and other affected families; d) just and fair compensation to affected families whose land has been/will be acquired, or who are affected by land acquisition, to ensure replacement cost of 12 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework lost assets; e) adequate provisions for affected persons for their rehabilitation and resettlement, and f) assistance to affected people in their efforts to improve or at least restore their livelihoods and standards of living. The various definitions relevant to this RPF are provided in Annexure 1. Amaravati Capital City development and the World Bank supported Project 1.6 In June 2014, the state of Andhra Pradesh (AP) was bifurcated into the successor states of (AP) and Telangana, through the Andhra Pradesh Reorganization Act (2014) of the Indian Parliament. With the bifurcation, the entire AP government needed to reorganized: a new state administration framework was set up to govern the new state, and the development of a new administrative center (Capital City) was announced as a top priority for the new state. The site of the new Capital City was finalized by the Government of AP at a location of great historical significance, strategically selected given the area’s economic potential, specifically a strong network of transport infrastructure, proximity to several major economic centers, good access to a skilled labor workforce and water to cater to a growing urban population. 1.7 The APCRDA Act 2014 (Act No.11 of 2014) received the assent of the AP Governor on December 29, 2014. The Act was passed by the State Legislature with an object to ‘provide for the declaration of the new capital area for state of the Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purpose of planning, coordination, execution, supervision, financing, funding and for promoting and securing the planned development of the Capital Region Development Area, undertaking the construction of new capital of Andhra Pradesh, and for managing and supervising urban services in the new capital area and for matters ancillary thereto’. Thus, the APCRDA Act entrusts the responsibility of development of Amaravati to APCRDA and provides statutory framework for all acts and deeds by APCRDA in accordance with the law of the land. The Act is legally binding on APCRDA and all other stakeholders including local government, corporations as well as citizens. 1.8 The Capital City development plan envisaged phased development over 35 years with a target GDP of 35 billion US dollars and 3.5 million resident population. To achieve the targeted economic development, the Master Plan was prepared considering inputs from ‘socio-economic master plan’. The city was divided into 9 theme cities, namely Health City, Knowledge City, Tourism City, Justice City, finance City, government City, electronic City, Media City and Sports City. These theme cities are expected to enable development across the Capital City with the help of anchor investments in each theme. Further, government has prepared a forward-looking land allotment policy which facilitates government to allot lands to reputed government financial educational institutional and other such development entities based on their investment potential, at attractive terms. An exclusive wing has been created in AP Economic Development Board to address investment opportunities in the Capital City area. In addition, innovative development models such as development of financial city with the help of Singapore Consortium have also been taken up. The government of India, as per the Reorganization Act is also committedly supporting development of certain infrastructure, facilities within the Capital City area. These interventions aim to facilitate economic development and ensure that landowners and other residents of the Capital City area can realize economic benefits and improve their quality of life. 13 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 1.9 A Concept Plan for the Capital City was first published during July 2015, prepared with support from Government of Singapore. The Concept Plan was widely consulted with landowners and other stakeholders. Building on the feedback received, a draft Master Plan was notified in December 2015. The process of preparation of the Master Plan, per the APCRDA Act, is legally binding. By following due statutory processes, suggestions and objections were received from stakeholders, experts, landowners as well as general public during a consultation period. The major modifications to the draft Master Plan resulting from consultation feedback involved shifting of arterial and sub-arterial roads to minimize the physical displacements in existing village settlements as far as possible. 1.10 The final Master Plan was published in February 23, 2016. Revisions to the Master Plan were carried out in accordance with the process outlined in the Act. All processes around Master Plan implementation were widely circulated, publicized amongst the stakeholders to ensure that implementation was in accordance with the notified Master Plan and any deviations were brought to the notice of concerned for duly addressing them. 1.11 The Capital City area was identified by AP State Government between Vijayawada and Guntur alongside the river Krishna, comprising 24 revenue villages2 and part of Tadepalli municipality of Guntur district covering an area of 53,748 acres. 1.12 The Master Plan for the Amaravati Capital City covering an area of 217.23 km2 includes settlement hierarchy, commercial centers hierarchy and road hierarchy. The road network gives free access and transport to towns, neighborhoods, educational, medical, and community service centers etc. Fig.1: Map of Villages in the Amaravati Capital City (Source: APCRDA data-GIS Section) 1.13 The Project Development Objectives of the ASCCDP are to provide select urban infrastructure in designated locations of Amaravati Capital City, and to support the initial 2There are 29 habitations, including 24 villages, one part urban municipality and 4 hamlets within the perimeter of Amaravati city. Throughout the remainder of the document, these will be referred to as “25 villages”. 14 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework development of its institutional and governance structure. The ASCCDP comprises the following five components: 1.14 Component 1: Basic Urban and Pro-Poor Infrastructure, will support the implementation of priority transport corridors and integration of 25 villages into the Amaravati Capital City development. The component will finance: (i) Roads - the construction of approximately 145 km high-priority Final sub-arterial roads and utility corridors to facilitate internal connectivity as well as connectivity to the wider region, as part of planned network of roads under the Amaravati Master Plan. These sub-arterial roads design also have provisions for utility ducts for water, sewerage, drains, communications, telecom power, etc.; and (ii) Village upgrading – the upgrading of infrastructure in selected villages and their integration into the trunk infrastructure of Amaravati Capital City. The infrastructure investments within villages will focus on water supply, sewerage, village roads, and drainage. 1.15 Component 2: Green Climate Resilient Infrastructure, will help build sustainability and climate resilience in Amaravati Capital City by supporting its integration with the natural surroundings, riverfront, and greenery. This component will primarily finance flood mitigation works that include improving the carrying capacity of 23.6 km of Kondaveeti Vagu3 and its drains, including Erravagu, Kootella Vagu, Ayyannavagu, and Palavagu. The expected outcome is reduction in the incidence of flooding in selected areas of Amaravati. 1.16 Component 3: Citizen Benefit Sharing, will support Government’s efforts to implement benefit sharing measures for the residents of the capital city area, including but not limited to: (i) training programs for farmers, landless families and other stakeholders, to prepare them for life in urban settings; (ii) skill building programs, which will allow capital city residents to access jobs and new economic opportunities emerging in an urban context. Particular emphasis will be put in programs targeting the most vulnerable; (iii) financial literacy programs, which have been identified as a critical need for residents transitioning from rural settings; (iv) pilot measures to address targeted needs of vulnerable residents (e.g. safety, transportation); and (v) development of citizen engagement and participation tools. 1.17 Component 4: Institutional and Fiscal Development, will finance activities aimed at promoting Institutional Development – including, inter alia: (a) support institutional arrangement for infrastructure investments in the short term; (b) implement sustainable governance framework to guide the formation of effective Amaravati local government and metropolitan governance structure, utility companies, and city planning and urban design institutions in the longer term; (c) provide training and capacity building of Amaravati local government staff; and (d) provide advice on sector policies and strategies (e.g. affordable housing, land management). This component will also finance activities aimed at promoting Fiscal Development, including programs to support the city’s investment (capital budget), operating costs (recurrent budget), and financial management. 1.18 Component 5: Project Management and Implementation Support will provide project implementation support, including, inter alia, human resources and software support for a Project Office; program management and capacity building monitoring; citizen engagement; citizen surveys. Support will be provided for design review and construction supervision 3 Vagu means stream in Telugu 15 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework consultants, communication of the project objectives and expected results, and support for project reporting, monitoring and evaluation and GRM. 16 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework II. LAND ASSEMBLY INSTRUMENTS 2.1 To develop Amaravati City according to the Master Plan, the Government of AP needed to acquire and assemble 217 km2 of land. Land acquisition is governed by a legal framework consisting of the LARR Act 2013, the APCRDA Act 2014, and the Andhra Pradesh Amendment Act of April 2018 (Act 22/2018). Three land assembly mechanisms4 are being used to assemble the land needed for the development of the Capital City: (i) Land Pooling Scheme (LPS); (ii) Negotiated Settlements; and (iii) Land Acquisition through eminent domain, following the provisions of the LARR Act 2013. Each of these mechanisms is described below and is presented schematically in Figure 2: (i) Land Pooling Scheme - innovative scheme whereby landowners voluntarily contribute their agricultural land (outside of villages) in return for a smaller plot of urban, serviced land (returnable plot). The value of the returnable plot is expected to be higher than that of the land relinquished and to continue to increase further in value as development of the Capital City progresses. In addition to the returnable plots, LPS participants also receive a package of benefits described in more detail below, as well as in Annexure 2. (ii) Negotiated Settlements (NS) – Land assembly mechanism applicable only for land and assets located within existing villages boundaries (within the perimeter of the Capital City), where LPS does not apply. Government and land owners agree on a compensation package that is consistent with the provisions of the 2013 LARR Act, in which the compensation involves a land-for-land exchange rather than a cash compensation. The exchanged land is located within the Capital City area, and the exact location is negotiable. The compensation also includes a cash component, intended to cover costs of construction of replacement housing, and a rental allowance for relocation pending construction of replacement housing. Though called “Negotiated Settlement”, the negotiation is over the terms of a compensation package that has been prepared in accordance with the Land Acquisition Act. (iii) Land Acquisition through 2013 LARR Act, by which compensation for lands acquired (replacement value and livelihood support) is provided following the requirements of the LARR Act 2013. 2.2 Efforts were made from the early conceptual phase of the Capital City, to minimize as much as possible resettlement of residents of the 25 villages. The Master Plan incorporates all villages in the final plan of the Capital City area, and makes provisions for upgrading village infrastructure and connectivity such that they are comparable with the rest of the city. Land assembly within villages is limited to that of land required for infrastructure upgrading (e.g. rights of way, widening of roads). LPS is not applicable within villages, where the only relevant land assembly instruments are Negotiated Settlements and Land Acquisition through the 2013 LARR Act. 4Annex 5 presents a comparison between the three land assembly mechanisms used in Amaravati and the provisions of the World Bank Policy on Involuntary Resettlement. 17 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Land Pooling Scheme (LPS) 2.3 The Government of Andhra Pradesh in exercise of powers conferred under Sub- Section-5 of Section-43 of Andhra Pradesh Capital Region Development Authority (APCRDA) Act, 2014 directed APCRDA to undertake development scheme through Land Pooling Scheme (LPS) in the Capital City area. The State Government notified LPS applicable in Capital City area for acquiring lands for the construction of Capital City Development Project. The LPS is mainly adopted for development of the Capital City area wherein the land parcels owned by individuals or group of owners are legally consolidated by transfer of ownership rights to APCRDA, which later transfers the ownership returnable plots back to the landowners for undertaking development of such areas. A detailed note on LPS including various steps, evaluation of LPS scheme, process, consultations, grievances, list of GOs, entitlements for LPS under various categories, plot allotment, lottery etc. is provided in Annexure 2. 2.4 The LPS is an option that land owners can chose voluntarily. Land owners are at liberty to decide not to join the LPS and to opt for Land Acquisition, under the provisions of the 2013 LARR Act. No physical displacement results from the LPS as the land parcels pooled are outside habitation areas and mainly utilized for agriculture activities. 2.5 In return for contributing their land, landowners participating in the LPS are entitled to a combination of benefits that include: (i) returnable plots of urban nature within the Amaravati City perimeter; (ii) annuity payments for a period of ten years; and (iii) other benefits including waiver of agricultural loans, skill training, access to interest-free loans for setting up enterprises, and educational and medical and health benefits in designated facilities. The entitlement matrix for the LPS is included in Annexure 2. 2.6 Returnable urban plots are allotted in and around the same village where landowners have given up their agricultural lands under LPS. Landowners were entitled to choose the type of returnable plot they wished to receive from a broad menu of residential and commercial land plot options.5 The process of selection and allotment of returnable plots, to date, involved multiple stages: (i) draft LPS layouts/maps were prepared by the APCRDA showing the location of returnable plots were shared with all participants of the LPS. The plot allotment policy brochure was prepared in Telugu and included a section with frequently asked questions and answers; (ii) draft layouts were uploaded on the APCRDA website and notified in the district gazette; people were given 30 days to file objections and to provide suggested changes to the draft layouts; (iii) consultations on the proposed layouts were held in each village; (iv) suggestions were integrated by the APCRDA in the final layouts to the extent possible; (v) additional consultations were carried out by APCRDA on the final layouts; (vi) LPS layouts were finalized, notified for each village, displayed at the village panchayat office, uploaded to the APCRDA website, and notified in the district gazette; and (vii) LPS landowners were issued certificates for their allotted returnable plots through an open, digital randomized (digital) allocation system (conducted in front of all landowners - who chose to participate - and other parties, including public representatives, electronic and 5 Landowners chose their returnable plots from multiple alternatives. Specifically, these alternatives included: (i) single plots; (ii) multiple plots of smaller areas adding up to the total returnable area; (iii) plots in residential areas; (iv) plots in commercial areas; or (v) combinations of all the above options. Landowners can also decide to merge plots with others (such as family members for example), in both residential and commercial areas. 18 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework print media). The issuance of certificates6 for returnable plots constitutes an important milestone since it allows landowners to identify the actual location of their returnable plots and to monitor the development of infrastructure in proximity to them. 2.7 Annuity payments are a second component of the compensation package that landowners who have contributed their land to LPS will receive from APCRDA. Annuity payments will continue for a period of ten years, and are proportional to the land that was contributed to the LPS. Annuity amounts7 at the rate of INR 30,000/ INR 50,000 per acre for dry land and Jareebu8/semi urban land, respectively, are paid with 10 percent adjustment per year towards inflation9. This amount is estimated to be sufficient to improve or at least to restore pre-project livelihood levels during the interim period of 10 years, which is the estimated period to reap the benefits of returnable plots and other benefits as contemplated under LPS. Participating LPS farmers began receiving annuity payments as part of their LPS benefits package in May 2015. 6 Certificates are irrevocable, issued on a temporary basis. Legally, ownership of returnable plots is vested on the holder of the certificate. Registration is a separate process, required before any subsequent transactions involving the plot. 7 This amount is arrived at based on net crop loss per an acre of dry/ Jareebu land 8 Jareebu lands refer to multi-crop land with access to underground percolated water 9 Marginal land owners, i.e. those who own less than one acre of land, were guaranteed a minimum payment of INR 30,000 / INR 50,000 per year, for dry and Jareebu land, respectively. 19 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Fig.2 – Land Pooling Scheme, Land Acquisition and Negotiated Settlement Policy – At a glance 20 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 2.8 Other benefits that APCRDA is extending to LPS participants include: (i) waiver of agricultural loans; (ii) facilitate access to interest-free loans for self-employment; (iii) access to skill development training; (iv) access to employment under MGNREGA program; (v) free education and health benefits in designated medical facilities. LPS participants begun receiving these benefits in May 2005. Since, these livelihood restoration measures have been extended not only to LPS participants, but to all residents of the Capital City area, including landless laborers. As of July 15, 2018 a summary of the results achieved under various livelihood restoration initiatives is presented in Table 1 below: Table 1 – Progress on implementation of livelihood restoration measures as of July 15, 2018 People trained in skill development institution set up in July 2016 1,568 Landless beneficiaries 794 Out of the total trained, number of people gainfully employed 1,296 Landless beneficiaries 637 Agricultural loan waivers awarded (for land owners) 19,709 Job cards issued (MGNREGA) 16,676 Employment generated under MGNREGA (person-day) 69,326 Students applied for/found eligible for reimbursement of tuition fees 49/21 Beneficiaries of mega health camps conducted by network hospitals 4,011 Number of health cards issued 38,438 Number of people using canteens 537,006 2.9 As a result of consultations and prior to the start of LPS in 2015, adjustments were made to its design to reflect feedback from residents of the Capital City area. Some of the most significant revisions to the LPS that resulted from direct consultation with beneficiaries include: (i) differentiated compensation levels for dry and Jareebu lands, when initially a unique package (compensation) has been proposed for all land types, independent of land crop yield; (ii) treatment of five (5) semi-urban areas in the Capital City area, where agreement was reached to add the land in these areas to the Jareebu category, for compensation purposes; (iii) compensation of non-titled occupants of government lands, as per entitlement matrices included in Annexures 2, 3 and 4; (iv) demarcation of habitations within village jurisdictions, which was agreed among stakeholders in the different villages, following a consultation process; (v) methodology for returnable plot lottery, which was adjusted to incorporate suggestions from beneficiaries; and (vi) exemption from capital gains tax arising from first sale of returnable plots, if the land is sold within the first two years after registration, a provision that was approved and incorporated in the union budget since 2017. 2.10 The outcomes of LPS will be monitored - within the footprint of the World Bank financed project - through the following indicators, together with a baseline survey and RAP Implementation: (a) Number of grievances received and addressed on LPS related issues; (b) Regular receipt of Annuity and Pensions amounts; (c) Number of Land Pooling certificates issued; (d) Number of Layouts where infrastructure is completed within three years of issue of LPS certificates; (e) Number of landowners registered the returnable plots; (f) Number of landowners sold returnable plots (first sale); (g) Number of landowners applied for building permission of the returnable plots; (h) Skill development statistics; (i) One-time loan waiver; and (j) Social development benefits availed. 21 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) 2.11 APCRDA may acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage, negotiated settlement as per Section-124 of APCRDA Act, 2014. Any land required in development plan shall be deemed to be the land needed for public purpose within the meaning of the LARRFinal Act, 2013. Lands falling under acquisition shall also be included in the development scheme. 2.12 The LARR Act provides for a transparent process and fair compensation in land acquisition for public purpose and provides for rehabilitation and resettlement (R&R) of landowners and those affected by land acquisition. This LARR Act came into force on January 1, 2014. It requires social impact assessments for projects involving land acquisition. The compensation for land will be the higher of two values: (i) current government guideline value, and/or (ii) average of highest 50% of sale transactions three years prior to first notification. This value will be multiplied by 1.25 times and 100% solatium10 will be added. In addition, 12% additional market value for the period between first notification and date of award, will be paid. Twice the value of trees and structures would be added. 2.13 Steps need to be taken to update basic rates of land under LARR Act as per the provisions of Section 26, once every year for urban land and once every three years for rural land. The Sub-Registrar Office rates (e.g. guideline rates) should be updated for all the lands covered by Land Acquisition Notifications. The revised basic land values or the average sale price (prior to notification), whichever is higher, will be taken as market value (per the provisions of Section 26 of the LARR Act 2013). Compensation will be finalized adopting updated land value. 2.14 As of July 31, 2018, the extent of land to be acquired under the 2013 LARR Act for the purposes of the World Bank financed investments is summarized in the following tables: Table 2 – Target extent of land to be acquired under 2013 LARR Act for World Bank financed investments Components Target Target (in acres) (number of families) Construction of 10 Roads 27.73 71 Flood Mitigation Works 75.46 110 Total 103.19 181 Negotiated Settlement Policy 2.15 As per Section 107 of the 2013 LARR Act, State Governments may enact any law/policy11 to enhance or add to the entitlements covered under the Act, which confers 10 Additional amount paid to “solace” recipient for compulsory land acquisition. Corresponds to 100 percent of the compensation amount. 11 In July 2018, the Andhra Pradesh Legislature modified several aspects of the LARR Act as it applies in the State, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018. The Act provides for (a) 22 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework higher compensation than that payable under LARR Act, or make provisions for rehabilitation and resettlement which is more beneficial than that provided in LARR Act. In line with this provision, Section 124 of the APCRDA Act, 2014 was incorporated to acquire property by Negotiated Settlement, if any development scheme falls in the habitation areas. 2.16 The Negotiated Settlement Policy will be applied for acquisition of village sites/ habitation lands in the villages. Non-title holders (e.g. occupants of government lands) will be offered similar benefits as per policy. The following guidelines apply to various categories of land and assets, when the Negotiated Settlement Policy12 is used (for details refer to Annexure 3): i. Non-agricultural land (residential and commercial uses) a) Equal land-for-land compensation, where the location of exchanged land can be negotiated between land owner and APCRDA. Typically, land will be located within the same village as original land b) Compensation for structure amounts to two times of the estimated value of the house/ structures (as per Public Works Department norms); ii. Scattered residential structures (isolated houses in agricultural land) a) Compensation for structure. Compensation amounts to double the structure value b) Equivalent land (up to 500 sq. yds.) will be provided in resettlement colony13. The rest of the land, if any, will be assembled through LPS c) All social development benefits available under LPS will be extended for a six-month period from the time of payment of compensation. Resettlement site is within capital city area, mostly within same village and close to existing residence. The six-month period is intended for construction of residence in resettlement site. This duration can be negotiable, and will be reflected in the negotiated settlement agreement. d) In case of partially affected structures, the house owner will be provided an option for acquisition of whole house/structure. e) House rent for the displaced family is payable for a period of 6-12 months after negotiation. f) Compensation will be paid within two months of signing the Negotiated Agreement. iii. Other benefits a) One-time construction grant as per GoAP norms b) Transportation/relocation grant (INR 50,000) waiver of the social impact assessment required by LARR Act, and (b) waiver of the LARR Act’s restrictions on the acquisition of multi-crop land. The implications of this Act for application of Bank policy in the project area is expected to be minimal, for several reasons. First, the Act will not apply to lands in project areas already notified under the LARR Act. Second, OP 4.12 does not restrict takings of multi-crop land – hence the waiver of restrictions regarding such land in the LARR Act does not introduce any new gaps between OP 4.12 and applicable State law. Third, despite the waiver of mandatory SIA provisions set forth in the LARR Act, OP 4.12 requirements for the assessment of social impacts will continue to be applied in project areas. 12 As of January 2018 – 90 identified project displaced families under Road Network project have consented for negotiated settlement and compensation is paid. Resettlement sites have been allotted through lottery to these 90 PDFs. 13 A resettlement colony is a parcel of land owned by APCRDA that has been zoned for residential purposes, and ownership is transferred to affected people under Negotiated Settlement Policy 23 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework c) Reconstruction of cattle sheds/petty shops (INR 25,000) d) One-time grant for artisans, small traders, others (INR 25,000) e) Subsistence allowance to artisans, small traders, others (INR 2,500/months for 10 years) Outcomes from Technical Assistance (TA) undertaken with support from World Bank Loan, RPF Applicability 2.17 TA activities will be primarily related to institutional strengthening, and are not expected to have direct adverse environmental or social impacts. However, during implementation and once activities have been fully identified, the terms of reference for such activities will be subject to prior approval of the World Bank, and will specify that the advice provided takes into account the relevant provisions of World Bank safeguards policies and this RPF. 24 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework III. CONSISTENCY OF LAND ASSEMBLY MECHANISMS WITH THE WORLD BANK RESETTLEMENT POLICY World Bank Operational Policy OP 4.12 on Involuntary Resettlement 3.1 The objectives of the World Bank’s policy on involuntary resettlement are: (i) involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; (ii) where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits and displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; (iii) displaced persons should be assisted in their efforts to improve their livelihoods and 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. In the event of any conflict or inconsistency between the provisions of this RPF and the provisions of World Bank’s OP 4.12 on involuntary resettlement, the provisions of the World Bank policy shall prevail. 3.2 The following are key principles for mitigating the impacts of land assembly and land acquisition practices for land used for the World Bank-financed project: a) Aim to cause the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families and rehabilitation and resettlement to project displaced families. b) Consultations must be held with all stakeholders (e.g. government, private sector, NGOs). Vulnerable groups must be well represented at consultations. c) Project affected area shall be notified and social impact assessment study shall be finalized in consultation with the affected people and other stakeholders and necessary disclosures will be made; d) Land survey and socio-economic surveys shall be conducted to facilitate entitlement of actual extents and returnable compensation and R&R Entitlements e) Opportunity shall be given for raising objections under LPS/LA and necessary reasoned decisions shall be given. f) Socio economic survey shall be carried out using a structured questionnaire, that would capture details of standard of living, inventory of assets, housing related details, sources of income, level of indebtedness, profile of house hold members, health and sanitation, access to services and facilities, perceived benefits and impacts of the project, etc. This information along with census survey data would facilitate the preparation of a resettlement plan to mitigate adverse impact. g) As part of socio economic survey, wide range of consultations with different impacted groups as well as other stakeholders will be conducted to ascertain their views and preferences. Based on the outcome of these consultations design changes, if required and mitigation measures will be incorporated. Consultations will include women and their concerns and reactions to the project will be addressed through appropriate mitigation plan. h) Rehabilitation and resettlement schemes shall be drafted and finalized duly conducting public hearing/consultations. The resettlement plans will comply with the principles outlined in this RPF adopted for the project. i) No physical or economic displacement shall take place without payment of compensation, alternative housing, R&R Cash benefits under LA and annuity / returnable plots under LPS or as per the Negotiated Settlement Policy 25 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework j) Vulnerable landless families will be identified and provided additional support in their efforts to improve their living standards under ongoing programs of State / Central government through line departments and other support as needed. k) Mitigation plans shall be prepared and implemented to see improved living standards during acquisition or post resettlement period. l) Forced evictions will be avoided and due process will be followed for shifting the people after payment of compensation and other benefits. m) Compensation for losses will be paid as per RPF provisions. n) Options will be provided whenever possible in extending entitlements; and, o) All affected people will be assisted irrespective of their legal status in their efforts to improve or at least restore their livelihoods and living standards to pre-project levels. Land Pooling 3.3 An assessment of the land pooling instrument conducted during project preparation indicates that land owners who opted to participate in the LPS have benefitted in terms of the market value of their returnable plots. Even though the area of returnable plots is as per policy up to 30 percent that of the original plot, through the change of classification from rural to urban (residential and commercial), and given the access to infrastructure, data show that significant appreciation in the value of land has already taken place. On average, in 2017, data show that the value of land has appreciated by 2.7 times relative to current guidelines values for rural land, based on current government guideline rates. Based on market rates of land as of early 2018, the value received by LPS farmers would likely be substantially higher – as highlighted by data from 2018, which demonstrate that sales ranged from 7 to 28 times the estimated market value of rural lands that were contributed / surrendered for LPS. International experience suggests that as the city is further developed, these values will likely increase further14,15. 3.4 In addition to the appreciation of the market value of their returnable plots16, land owners have received annuities and other benefits from APCRDA for roughly four years (since May 2015). Unless they sell their plots, they will continue to receive these additional payments and benefits for six more years, which will add up to substantial revenues. Altogether, the value of returnable urban plots and additional payments and benefits can be expected to exceed the replacement cost of relinquished agricultural land, as defined in OP 4.12. 3.5 No additional measures are required under the ASCCDP to address the impacts of LPS on land owners, other than monitoring that all those affected by investments financed under the World Bank Project are receiving the full compensation agreed to with APCRDA, as presented in this RPF. Additional details on the alignment of the LPS with the objectives of OP 4.12 are set forth in Annexure 5. 3.6 As of July 2018, approximately 2,112 returnable plots had been sold by LPS 14 Payne, G. (2018), Assessment of Land Assembly Instruments and their Implementation 15 CRISIL (2017), Note on Land Pooling Scheme for development of Amaravati, capital city of Andhra 16 Land owners have received returnable plots, as far as possible, in the same village they reside. Village habitations are excluded from Land Pooling, so land owners have not been physically displaced. 26 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework participants. This substantial number of returnable plot sales confirms that: (i) LPS participants can sell their returnable plots after they have been registered; (ii) a market for returnable plots is developing and is showing signs of activity; and (iii) land owners who chose to sell their returnable plots are capturing the benefits from participating in the LPS. Farmers who wanted to remain involved in agriculture have used the proceeds of these sales to purchase agriculture land outside the periphery of the Capital City. Land Acquisition via 2013 LARR Act 3.7 The 2013 LARR Act incorporates most of the elements of global good practices on land acquisition, resettlement and rehabilitation of project affected people. Some of these include: (i) mandatory ex-ante social assessments to determine whether an acquisition serves a public purpose; (ii) requirements to ascertain the minimum land requirements, and assess the impact of the land acquisition on livelihoods, shelter, public infrastructure, and community assets; (iii) provisions to minimize adverse impacts; use of cost-benefit assessment of land acquisition, and enhanced land-loss compensation formulas; livelihoods support for affected persons; comprehensive R&R benefits and assistance; census of the affected families to record their socio-economic profile and potential losses, and inventory of affected public and community assets, options and choices for affected families and special provisions for disadvantaged groups; and a legal mandate that affected persons must receive compensation and assistance before their property is taken; and (iv) consultations and disclosure, and post-implementation audits. 3.8 Consistent with the World Bank’s policy on involuntary resettlement, all compensation and assistance under the LARR Act must be paid prior to taking of the assets. The LARR Act recognizes titleholders and non-titleholders affected by land acquisition, which is also aligned with World Bank’s policy provisions (Annexure 4 provides details of the Land Acquisition process). However, a review of the LARR Act found the following gaps when compared to the Bank’s policy: (i) structure valuations are estimated as per the prevailing State Scheduled Rates (SSR rates), and depreciated values for structures are paid to affected people; (ii) the cut-off-date for non-titleholders to be eligible for assistance under the 2013 LARR Act is three years preceding the acquisition, and for the titleholders it is the date of preliminary notification; and (iii) no assistance to those using public/government lands (for example, squatters). To address these gaps, APCRDA and the Bank have agreed on the following: (i) Compensation of structures will be paid as per the provisions of the Act but without depreciation; (ii) The cut-off date for non-title holders is the date of the census survey for impacts in village areas under the Bank project (i.e. socio-economic survey). In the case of title holders, the cut-off date is the date of preliminary notification, i.e. December 8, 2014. For persons living on government lands without title, a separate socio-economic survey will be conducted and the cut- off date for such persons would be the date of that census; and (iii) All those occupying public lands will receive assistance, as per applicable provisions of LPS and NS policies, as follows: (a) those who are dependent on agriculture lands will receive smaller size returnable plots and pensions, as per LPS (see Annexure 2); and (b) those residing in public lands in village areas will be provided housing and transitional support, as per NS policy (see Annexure 3). 27 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Negotiated Settlements 3.9 The Negotiated Settlements policy provides for: (i) land-for-land compensation, where the location of the land received in exchange for the original land parcel may be part of the negotiation. In the majority of cases, the land received in exchange is located in the same village, and in the vicinity of the original plot; (ii) payment of two times the cost of the existing structures (assets) on the property at current scheduled rates. For structure-related impacts the cost of depreciation will be covered by the NS policy, which bridges the gaps between the NS policy and the Bank Involuntary Resettlement Policy; and (iii) a one-time construction grant and transitional support (moving allowance and subsistence allowance for one year) are also provided to the beneficiary. These features of the NS policy enable people to improve or at least restore their living conditions, consistent with the objectives of the World Bank Policy on Involuntary Resettlement. Further details on the alignment of the NS policy and OP 4.12 can be found in Annexure 5. 28 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework IV. ASSISTANCE TO LANDLESS AGRICULTURAL LABORERS 4.1 Landless laborers working in the Capital City area lost their primary source of income as land was assembled by APCRDA for the development of Amaravati. Irrespective of the land assembly instrument used, i.e. LPS or Land Acquisition, the majority of agricultural day-laborer jobs no longer exists, except from those working for landowners who have not joined the LPS and/or whose land still not has been acquired under the LARR Final Act. Landless laborers may still continue to farm on this land. As such, the majority of landless agricultural laborers have been directly impacted by the capital city development project. A key consideration concerning landless laborers is therefore the extent to which alternative sources of income are available locally to replace the loss of income from agricultural jobs. 4.2 Although OP 4.12 applies only to the footprint of the World Bank financed project, it is challenging to differentiate between landless laborers affected by land assembly mechanisms within and outside the World Bank project boundaries. Therefore, APCRDA has agreed that for purposes of this RPF, all landless families registered with APCRDA for pension by July 15, 2018 will be considered project affected people, for the purposes of provision of livelihood restoration measures. This goes beyond the APCRDA requirements related to landless families under the World Bank policies, and it illustrates the commitment of the agency to ensure that all those impacted by the Capital City development are provided opportunities to restore their livelihoods in a reasonable amount of time. The payment of pension and other livelihood related benefits will be monitored for the list of registered landless families as per this RPF and subsequent RAPs. As of July 15, 2018, the total of number of landless agricultural laborers is 21,374. 4.3 Landless laborers are not tied to any particular land parcel, and they work depending on availability of opportunities as and when they arise. Livelihood restoration packages have been uniformly extended to all the identified and registered landless laborers within Amaravati City since May 2015. As of May 2015, approximately 15,000 landless families were registered with APCRDA as residents of the Capital City area (families who resided in the area by December 2014). Subsequently, the number of landless families registered has increased, as APCRDA has allowed registration of additional laborers including, for example, cases of family members of original residents getting married and establishing a separate family. Unregistered landless families who wish to enroll in livelihood restoration programs need to demonstrate that they lived in the Capital City before December 2014. Proof of residence for registration includes Ration Cards, Aadhar Cards, and Voter Id Cards. 4.4 Landless laborers working in the Capital City area are eligible to receive a combination of livelihood restoration benefits that includes: (i) payment of pensions @ INR 2,500 per month per family for a period of 10 years, with annual increases linked to inflation index. The period of 10 years was estimated as the time needed for the Capital City to fully develop, transitioning to an urban area with predominantly non-agricultural income generating activities; (ii) employment under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) for up to 365 days per year; (iii) facilitate access to interest-free loans for setting up enterprises; (iv) access to skill upgrading and training opportunities; (v) provision of subsidized food; and (vi) free access to medical and educational benefits in designated facilities. 29 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 4.5 Measures are in place to ensure consistency with the World Bank policy on involuntary resettlement, in order to assist landless agricultural laborers to improve or at least restore their living standards and livelihoods to levels prior to their displacement. There is substantial variability17 in records of income levels of landless agricultural laborers pre- and post- the announcement of the capital city, hence an accurate estimate of the average income of landless laborers is challenging to obtain. A review of all available data suggests that the average income level of landless households pre-capital city announcement was roughly INR 5,000 per household per month (actual - INR 4,694). In 2017, average incomes for landless laborers ranged from INR 8,500 to INR 13,500 per household per month, with data from the most recent survey (2018) suggesting an average income level of approximately INR 10,000 per household per month (actual - INR 9,636)16,18. 4.6 Data show that if accessed as designed, the livelihood restoration package designed by APCRDA, would result in an estimated household monthly income of INR12,350 (assuming full access to all benefits and assuming two family members working). This level of earnings is substantially higher than average pre-Capital City announcement levels. This is, however, a high bound estimate. Some landless laborers may have challenges accessing, or taking advantage of all the benefits in the livelihood restoration package, which may leave them in a situation that is inferior to their pre-Capital City status. Estimates suggest, for instance, that women constitute more than 70% of agricultural worker population. Women typically make half of the income of men laborers, suggesting that the income level in some households (headed by women, for instance) may be significantly lower than the estimated maximum. This problem could be particularly acute for large or extended families where more than one family member may have lost their income. 4.7 Figure 3 compares income levels of households from the various data sources available, including: (i) full access to livelihood restoration package, including MGNREGA benefit and the APCRDA pension (INR 12,350); (ii) average household income in 2015 (INR 8,476); (iii) average household income in 2017 (INR 9,636). This indicates that if access to the benefit package as designed by APCRDA is effective, and if MGNREGA benefits are available, landless laborers would have access to earning levels that are comparable or even higher than those that existed prior to the initiation of the LPS. 17 Baseline data on income of landless laborers (pre- and post-announcement of capital city project) collected by several sources were analyzed. Data differ substantially across sources. This variability is not surprising given the different dates for data collection, as well as the different methodologies, including sample as well as sample sizes, geographical coverage, etc. 18 Vasavya Mahila Mandali (2018) ‘Assessment on Agricultural Labourers and Implementation of Benefits in Amaravati Capital City Villages’ 30 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Yerrabalem Venkatapalem Velagapudi Undavalli Uddandarayunipalem Thullur Sekhamuru Rayapudi Penumaka Nowlur Nidamarru Nelapadu Nekkallu Neerukonda Mandadam Malkapuram Lingayapalem Kuragallu Krishnayapalem Inavolu Dondapadu Borupalem Bethapudi Ananthavaram Abbarajupalem 0 2000 4000 6000 8000 10000 12000 14000 Figure 3 – Monthly earning of agricultural laborers (in INR) in Capital City villages. Data include monthly household pension of INR2500. Yellow line indicates average household income from 2015 (INR8,476). Red line indicates average household income from 2018 (INR 9,636). Green line indicates monthly income of a household receiving benefit package including full MGNREGA benefits and APCRDA pension16,21. 4.8 Data from consultations and field surveys also showed that a share of the landless laborers may be in a situation of high vulnerability. Therefore, measures in addition to those already in place by APCRDA and covering all landless laborers are included in this RPF, to identify and to address, specifically, the needs of the most vulnerable subset of landless laborers, who need extra support to return to their levels prior to the announcement of the capital city. The following typologies of landless households are recognized as those at the highest risk: (i) families with woman as head of household including inter alia single women, widows; (ii) households where family members have physical disabilities; (iii) families with chronic diseases; (iv) households with aging family member who can no longer work (over 60 years old); (v) families with no alternative sources of income other than APCRDA pension; and (vi) families of Scheduled Castes/Scheduled Tribes whose sole source of income is APCRDA pensions. 4.9 APCRDA has established a methodology to identify the most vulnerable of the landless, i.e. households for whom the package of livelihood restoration benefits – either by design or by nature of benefits – are not sufficient to help them restore their livelihoods to pre-Capital City standards, and who may need additional assistance. The methodology for identification of vulnerable families, within a total universe of 21,374 landless households, includes the following steps: i. Identification of subset of landless laborers in 25 villages, consistent with the six typologies of highest risk/vulnerability; 31 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework ii. Deployment of network of 1,920 Self Help Groups19 (SHG) that exist in the Capital City area, which include 19,200 women members, actively engaged and well connected in their communities. SHG, in collaboration with NGO/consultants, reach out to families pre-identified according to typology (e.g. single women/head of household, with physical disabilities and chronic diseases, elderly, with no source of income other than pension, ST/SC). Common Interest Groups consisting of 10 members from SHGs are formed in each village and assigned to contact landless laborer households and to identify vulnerable landless families iii. One Village Facilitator from APCRDA’s Competent Authority Office acts as nodal person to oversee outcomes of identification exercise. iv. Orientation sessions are held with Common Interest Groups to explain the purpose and approach to be followed for identifying the vulnerable families. Common Interest Group Leaders contact landless families to understand their needs and requirements for employment and livelihood, and single out most vulnerable families, in need of additional support. v. APCRDA organizes focus groups with identified vulnerable landless households and develops specific livelihood measures aimed at improving the living conditions of most vulnerable group. vi. Specific Action Plans will be prepared for different typologies of households20, where targeted measures will be identified and expected results will be outlined vii. Monitoring mechanisms for implementation of measures targeted to vulnerable landless families, including methodology and frequency of monitoring are established 4.10 Using this methodology for identification of vulnerable landless families, an assessment was carried out by APCRDA in June - July 2018. A total of 857 vulnerable landless families were identified, living in the 25 villages of the Capital City area. APCRDA has a complete listing of families and their contact information. The economic and employment profile in the communities, and that of the landless families, varies from village to village, confirming the need for more targeted measures to resolve the needs of the most vulnerable families. The list of vulnerable landless families will likely change with time, and the number of families may increase or decrease reflecting the economic conditions of very poor households at the bottom of the income ladder. Monitoring the impact of the proposed measures on these target households, as well as the overall trend of living and economic conditions in the Capital City area will be critical, to ensure that opportunities are provided to all vulnerable landless households to restore their livelihood, and in the longer term, that the economic transformation of the area from rural to urban is lifting living standards of the poorest. The methodology to identify vulnerable landless families will be repeated within 19 Self Help Groups support members in finding solutions to common problems. SHGs in AP serve as a vital agent of social change and catalyst for the empowerment and development process in a community, through providing a cost-effective credit delivery system, enabling participation in identifying, planning, budgeting, and implementing village development programs, generating a forum for collective learning, promoting democratic culture, fostering entrepreneurial culture, providing a firm base for dialogue and cooperation in programs with other institutions. 20 Households of similar characteristics will be grouped together and, when possible, measures will be targeted to multiple households 32 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework six (6) months, in order to assess impacts and new potential needs. Vulnerable landless families that may have not been identified in the June-July 2018 survey will have recourses to reach out to APCRDA and request to be included in the program of additional assistance (e.g. through GRM, by contacting project NGOs). 4.11 The information obtained from these 857 families includes: (i) characteristics of household; (ii) amount and source of current household income; (iii) skill set and interests; and (iv) challenges in accessing and/or benefitting from livelihood support packages already being offered by APCRDA. Focus group discussions were held with the families to discuss the rationale for the additional lively restoration measures and the importance of their participation in the identification measures to address their specific circumstances. Next steps include: first, by August 31, 2018, preparation of Action Plans for individual households or for typology of households, which present the set of measures to: (i) provide new opportunities for target vulnerable landless families to improve their livelihood; and (ii) address some of the bottlenecks in accessing existing programs. Second, activate monitoring mechanisms to verify and calibrate the success of proposed measures, aiming at reducing the number of vulnerable families with time. These involve the engagement of SHGs and NGO/consultants (both APCRDA and World Bank’s) in reaching out to the households and following up periodically on the progress. And third, engage with communities and identify new potential families that may need additional assistance. It is expected that the original number of vulnerable landless families will reduce gradually, as target support measures bridge existing gaps and allow families to access opportunities to improve their livelihoods. At the same time and as the transformation of the Capital City area advances, it is likely that additional landless households become vulnerable and need to be the focus of additional livelihood support measures. The monitoring mechanism in place, building on the present and the penetration of SHGs and of NGO/consultants, will provide a channel to identify on a continuous basis, families that may fall into a vulnerable state. 4.12 An initial set of measures have been identified in focus groups discussions with members of vulnerable landless families. Participants suggested measures that would be suitable and applicable to their situation. The active participation of households in the identification and implementation of these additional measures is essential. This was strongly emphasized during the focus groups. The roles and expected engagement of the families in these new activities will continue to be stressed as implementation of the measures is rolled out, and as additional initiatives are identified. A list of new targeted measures that is being rolled out as of end of July 2018 is presented below. While they are similar in nature to some of the general initiatives that APCRDA is implementing across the Capital City for all landless laborers, these additional measures are specifically tailored and targeted to the needs of the identified 857 families. Specifically: i. Expanding safety nets for targeted beneficiaries – roughly 4 percent of the households include a family member with a disability, or elderly, who may not be getting all the government assistance that is available and they are entitled to receive. APCRDA will ensure the family receives all the available support to which they are entitled; ii. Skill training for those eligible – roughly 65 percent of the households are either surviving on the APCRDA pension alone, or they are only engaging in very low paying jobs. There are untapped employment opportunities around the Capital City area (e.g. construction, masonry, government and university complexes), which these households are not benefitting from, as was determined during the 33 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework focus group discussions, primarily because of lack of skills. A program will focus on providing tailored skill trainings and matching employment opportunities in the Capital City area, and focusing on those family members who are able to work. The current skill training offered by APCRDA targets individuals in the age range of 18-35 years old. This targeted training program will be made available for reskilling landless laborers of up to 50 years of age; iii. Provision of (i) information on employment opportunities in villages across the Capital City- i.e. jobs dashboard for people to be aware of available opportunities outside of their village; of (ii) safe, public transportation options for women to travel for work to other locations/villages; and (iii) general training to households on transformation to urban livelihoods and how to live in urban settings. iv. Creation of more employment opportunities under MGNREGA – a number of possible expansion to the menu of employment opportunities under MGNREGA may be feasible for APCRDA and would be appealing to some of the households within and in adjoining area of capital city. 4.13 SHGs, under coordination from APCRDA, will continue to be engaged in reaching out to the targeted households and supporting them as these proposed measures are rolled out. NGOs engaged by APCRDA and by the World Bank will closely assist in the implementation of measures targeted to the vulnerable landless families. 34 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework V. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 5.1 All impacts associated with the land required for the project will be managed by APCRDA and through district administration as appropriate. The following institutional arrangements are in place / will be put in place. 5.2 Andhra Pradesh Capital Region Development Authority (APCRDA): The Government vide G. O. Ms. No. 255, MA & UD (M2) Department, dated: 30-12-2014 constituted the Andhra Pradesh Capital Region Development Authority with Chief Minister of Government of AP as Chairman, Minister for MA & UD Department as Vice-Chairman and 9 other members consisting ministers and senior officers. The Authority passes resolutions for acquisition of lands and prescribes rules / regulations for implementation of LPS / Negotiated Settlement under the Act. This RPF will be approved by the Authority followed by a Government Order and any updates and modifications carried out from time to time will be approved by the Authority. 5.3 Supporting Staff for implementation of LPS / LA: The Government sanctioned staffing pattern of APCRDA vide G.O. Ms. No. 81, MA & UD (M2) Department, dated: 16- 04-2015 for implementation of AP Capital City Development Project and land for the project will be acquired as part of AP Capital City Development Project. 5.4 The Commissioner, APCRDA, Additional Commissioner, Director- Planning, Director - Estates, Director - Economic Development, Director - Information Technology, Director - Finance, will support the Competent Authorities under Land Pooling and Land Acquisition. The Commissioner, will be the approving authority for RAPs and other safeguards related documents for the project. 5.5 The Competent Authority, Tahsildars, Deputy Inspector of Surveys, Surveyors, Deputy Tahsildars, Computer Operators are formed into one unit and positioned in 26 units in Capital City Area to work under the administrative and functional control of the District Collector, Guntur the appropriate authority for Land Acquisition and the Joint Collector, Guntur who is the Project Administrator for implementing R&R. Implementation Mechanism for LPS / LA / Negotiated Settlement Policy 5.6 Implementation Mechanism for LPS. The process includes several steps and various agreements and consultations. The key steps include notification of LP scheme, hold consultations and hear objections/suggestions, invitation to participate in LPS, execution of development agreement, formulation of redevelopment schemes, allotment of re-developed plots and registration of redevelopment plots in favor of land owners and surrendered land in favor of APCRDA. As per Section 57(4) of the APCRDA Act 2014, the Land Pooling Ownership Certificate (LPOC) shall be the conclusive evidence of the title of the property in respect of the reconstituted plot / land and shall be eligible for transfer of rights of the property in accordance with the provisions of the Registrations Act 1908. The issuance of LPOC is equivalent step of payment of compensation under LARR Act 2013. 5.7 Implementation Mechanism under LA R&R Act, 2013. The land acquisition under RTFCTLARR Act, 2013 is preceded by Social Impact Assessment (SIA) study to document the impacts and assess the land acquisition requirements and conclude that the benefit of project outweigh the costs of land acquisition. Once the SIA report is heard through public hearing, reviewed by an Expert committee and approved by the Government, the land 35 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework acquisition process is initiated. The land acquisition for those who have not joined the land pooling is being carried out for each village separately. The key outcomes of SIA, public hearing and Expert committee’s views and Government’s approval of the village level land acquisition will be summarized in RAP. The detailed steps and process to be followed for land acquisition and entitlements matrix is outlined in Annexure 4. 5.8 The areas of requirement of land in the village settlement zone are not covered by Final Land Pooling Scheme. Any land required for formation of Roads, Metro Lines etc., within the Non-LPS area is contemplated to have a Negotiated Settlement instead of acquiring under LA R&R, Act, 2013. Section-124 of APCRDA Act, 2014 enables the Authority to acquire any property by way of negotiated settlement and in cases where the negotiated settlement fails the provisions of LA R&R Act, 2013 would be made applicable as per requirement of development plan.  Once the Negotiating committee and displaced family negotiates on package offered by APCRDA, the agreed assistance will be reflected in the negotiated agreement.  Negotiated settlement policy is estimated to be not lower than the provision of LA R&R Act as land to land lost in village site/ habitation is being allotted in a developed Rehabilitation Centre and it is optional. 5.9 Interested persons may come forward to opt for negotiated settlement policy instead of LA. The Competent Authority representing the APCRDA will enter into negotiated settlement through process of negotiation by the Committee constituted by APCRDA consisting of land administration and technical persons as members. The compensation and assistance under negotiated policy includes:  Land to land for plinth area of houses/ house sites excluding common areas  Non-Agricultural/ Barrons/ Hayricks etc. – land to land with as is use condition  Two times of the estimated value of the house/ structures as per PWD norms for new constructions for the year in which compensation paid  Cost of construction of alternative houses /shops as per GoAP norms 5.10 Those who are not having formal legal rights over land would be rehabilitated under affordable housing schemes of Government of Andhra Pradesh including payment of structure value. The detailed steps in implementation of the LARR Act is provided in Annexure 4. Coordination with District Administration for Land Acquisition 5.11 Administrative Roles of the Officers / Authorities for Land Acquisition. The following officers will have the required administrative powers to deal with the land acquisition and related activities: Officers Roles and Powers Government  Notify District Collector as appropriate Government.  Designates Special Deputy Collectors as Collector (LAO) under the Act. Commissioner,  Requisition Authority on behalf of APCRDA / APCRDA Government. 36 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Commissioner, R&R  Selection of SIA Team and Terms of reference  Approval of R&R Scheme. District Collector  Notify 4(1) Notification for commencement of SIA.  Appointment of Expert Group.  Decision on Acquisition of Land u/s 8(2)  11(1) PN Notification  Decision on objections against 11(1) Notification  Review of draft R&R Scheme with Project Level R&R Committee  Publication of Declaration u/s 19  Approval of preliminary valuation  Approval of draft Compensation Award Project Administrator  Conduct of Socio Economic Survey  Preparation of R&R Scheme  Approval of draft R&R Award Land Acquisition  Assist Social Impact Assessment agency in conducting SIA Officer (LAO)  Submission of report u/s 8(2)  Conduct of Grama Sabha u/s 11(2)  Conduct of Survey u/s 12 and 20  Hearing of Objections on 11(1) PN Notification  Assist Project Administrator for conducting SES and preparation of R&R Scheme  Conduct of Award Enquiry u/s 21  Preparation of valuation statements u/s 26 to 30  Passing of LA R&R Award u/s 23 and Individual Compensation Awards u/s 30(2) and Individual R&R Awards u/s 31(1)  Passing consent Awards as per State Level Negotiation Committee  Payment of compensation, R&R benefits and providing rehabilitation entitlements  Taking possession  References to LA R&R Authority and Depositing Amounts in disputed cases. R&B Department  Preparation of estimates for Residential Houses / Structures Horticulture / Forest  Estimation of Trees and Topes / Sericulture Departments Ground Water  Estimation of Well value Department Any other Department  As per requisition of District Collector. Project Implementation Unit 5.12 In order to coordinate with APCRDA, ADC, district administration and other stakeholders and manage project related impacts, surveys, studies, monitor implementation and interact with World Bank, the following dedicated officers will be put in place: 37 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  In addition to various district administrations who are involved with implementation of LPS, LA and negotiated settlement, the following dedicated project level staff are positioned in the Project Management Unit of APCRDA  Land Acquisition Officer to coordinate with all land acquisition/Negotiated settlement, LPS and related issues related World Bank financed sub-components; and  Social Development Officer to coordinate with census, socio-economic surveys, consultation, delivery of annuity and pensions, implementation of RAP, support to vulnerable people, etc. The above two officers will be reporting to Project Director of PMU for the World Bank financed project.  These two officers will have support of all senior staff of APCRDA. Sub-Component Social Impact Assessments Screening of Road-Projects: 5.13 Once an investment is identified for financing under the World Bank loan, those projects will be screened for social impacts based on site visits and other appropriate means to assess the likely impacts. The required lands for the project and its impacts will be segregated out of LPS and LA process for Capital City development project and those land owners of land parcels for the project will be considered as Project affected Persons, in addition to squatters cultivating lands but not having full legal title to lands. 5.14 Built-up sections will be identified during screening and possible options will be explored to avoid or minimize those impacts. Since it is not possible to identify agricultural laborers/agricultural tenants that are dependent on specific parcels of lands, they will be not be covered as part of sub-component specific RAPs and related Project Affected Persons, but will be covered as part of RPF at an overall framework level for the purpose of payments of pension and other social development benefits that are available under LPS and for design of any additional support that is needed in their efforts to improve the livelihoods and living standards. Census Survey 5.15 Once the details of project affected people are determined, the census details of those people will be gathered from already available records and additional details as needed will be gathered to supplement the already available information. The census survey will focus on gathering identification details and losses and other details required to propose entitlements and support to the affected people. Census survey will cover all affected people on 100% basis. Socio Economic Survey 5.16 The purpose of the baseline socio-economic sample survey of affected persons is to establish baseline socio-economic characteristics which will become basis for measuring impacts in the post compensation /resettlement period. The data analysis will include gender disaggregated data. The socio-economic survey shall be carried out using a structured questionnaire that would capture details of standards of living, inventory of assets, sources of income, employment, level of indebtedness, housing characteristics, profile of household members, health and sanitation, access to services and facilities etc. This 38 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework information along with the census survey data would facilitate the preparation of a resettlement plan to mitigate adverse impact. As part of socio-economic survey, wide range of consultations with different impacted groups as well as other stakeholders will be conducted to ascertain their views and preferences. Based on the outcome of these consultations the design changes, if required, and mitigation measures will be incorporated. Consultations will include women and their concerns and reactions to the project will be addressed through appropriate mitigation plan. Preparation and approval of sub-component specific RAPs Resettlement Action Plan 5.17 The resettlement plan will be prepared based on the findings of the census and socio- economic survey, and outcome of consultations. It will include the findings of the census of displaced persons, and their entitlements to restore losses, socio economic characteristics of the displaced persons, implementation schedules, budgets, assessment of feasible income restoration mechanisms, development of resettlement sites and relocation, grievance redress mechanism, coordination of implementation in conjunction with civil works procurement and construction schedules and internal and external monitoring mechanisms. The resettlement plan should be structured as needed depending upon the magnitude and nature of impacts. The impacts and mitigation measures will be presented contract wise, if an investment involves more than one contract, so as to coordinate with the procurement and construction schedules of the respective roads. The resettlement plans will comply with the principles outlined in this RPF. The SIA and RP for all investments financed under the World Bank project will be reviewed and cleared by the World Bank and approved by competent authority in the Government prior to invitation of bids for civil works. Disbursement of compensation payments and entitlements will be made prior to physical displacement and prior to handing over of the corresponding land parcels to contractors. In case of LPS, the equivalent milestone of payment of compensation is allotment of returnable plots to land owners. The payment of compensation and entitlements and completion of allotment of returnable plots in case of LPS will be certified by Competent Authorities of concerned LPS units prior to hand over of the lands to the contractors. The payment of compensation and R&R assistance under Land Acquisition Act and Negotiated Settlement policy will be certified by the Joint Collector, who is the competent authority for the land acquisition. As needed, the land hand over to the contractors will be provided in two or three milestones to enable the completion of land acquisition in a phased manner. The land handover milestones will be detailed in the bid documents and contracts of civil works. This is to ensure compliance with this RPF and that there are no impediments in execution of the project once the land is handed over to the contractor. While developing the RAPs, the contents of RAP will be followed as available in the World Bank’s OP 4.12. 5.18 The following category of people are expected to have impacts associated with the lands required for the project:  Those who have formal rights to land, including customary and statutory rights of occupancy recognized by law such as those land owners with formal titles.  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 by law or recognized through a process identified in the resettlement and compensation 39 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework plan.  Those who have no claim to land that they are occupying or using, such as squatters, encroachers, etc.  Those covered under first two categories above are to be provided compensation for land they lose, and other assistance in accordance with the policy. Persons covered under 3rd category above are to be provided with resettlement assistance in lieu of loss of livelihood on the land they occupy or use, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy or use the project area prior to a cut-off date as on the date of conduct of Socio Impact Assessment or Socio- Economic Survey. Persons who encroach on the area after the cut-off date are not entitled to any form of resettlement assistance. All persons included are to be provided with compensation for loss of structures and trees other than land. 5.19 All affected persons irrespective of their status or whether they have formal titles, legal rights or not, are eligible for assistance if they occupied the land before the entitlement cut-off date. The entitlement cut-off date refers to the time when the census of persons and their property in the area is carried out, i.e. the time when the project area has been identified and when the socio-economic study is taking place. Thereafter, no new cases of affected people will be considered. Persons who encroach the area after the socio-economic study (census and valuation) are not eligible for any form of resettlement assistance. The establishment of a cut-off date is required to prevent opportunistic invasions/rush migration into the chosen land areas thereby posing a major risk to the project. Therefore, establishment of a cut-off date is of critical importance. 5.20 Local Communities (villages, communes etc.,) permanently losing land and/or access to assets under customary rights will be eligible for compensation/R&R benefits. The respective Panchayats or Grama Sabhas will be consulted during process of Socio Economic Survey and preparation of R&R Scheme. Valuation of Land and Assets 5.21 Land: The compensation for land will be the higher of two values: (i) current government guideline value, and/or (ii) average of highest 50% of sale transactions three years prior to first notification. This value will be multiplied by 1.25 times and 100% solatium will be added. In addition, 12% additional market value for the period between first notification and date of compensation award, will be paid. 5.22 Structures/other assets - As per the LAR&R Act 2013 / Negotiated Settlement Policy, the structure valuations would be estimated as per the prevailing State Scheduled Rates (SSR rates) for constructions that were existing as on the cut-off date. These rates are updated annually as per Public Works Department (PWD) norms. Drawings of individual's house services and material, labor, transports costs shall be inclusive, as per Negotiated Settlement Policy norms. The depreciated values and salvage value will be paid to the affected people. 5.23 All other losses will be valued keeping the principles of replacement value. All the unit costs referred in the Entitlement Matrix are related to January 01, 2014 and steps would be taken to update once in 3 years. The unit rates for financial years of 2017-20 have been updated and incorporated in the RAPs (roads and flood management works). The matrix will be updated every 3 years subsequently. No income tax will be deducted for payment of 40 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework compensation and R&R assistance. No registration fee would be collected for the documents during the process of LPS / Negotiated Settlement / LA. The Entitlements for Land Pooling Scheme and Negotiated Settlement Policy are provided in Annexure 2 and Annexure 3, respectively. Due Diligence Approach 5.24 In case any sub projects are proposed for World Bank financing which are already under implementation, for those projects due diligence will be carried including SIA, census, consultations and socio-economic survey and any gaps in relation to RPF provisions. The due diligence will be carried out by APCRDA and if required third party consultant inputs will be supplemented. The gaps identified will be addressed through retro-fit measures or in case the retrofit measures are not possible, such projects will not be included as part of the World Bank financed project. Sub project of construction of ten priority roads, following the Bank procurement guidelines is proposed to be covered under retroactive financing. In case of those contracts awarded prior to World Bank loan are required to ensure that all actions proposed in the respective RAPs are addressed to seek retroactive financing. This will be carried as part of World Bank due diligence at the time of retroactive claims. Targeted Support to Vulnerable Groups 5.25 For the purposes of this project, different criteria and categories of vulnerability have been defined. Through census surveys and other studies as part of preparation of sub- component specific Resettlement Actions Plans (RAPs), the project will determine who among the project affected population may be considered as vulnerable or at risk, among the landless households, or who are likely to be excluded from the normal benefits of growth and development. 5.26 To extend immediate targeted livelihood support for the vulnerable landless households, special efforts will be made to identity such families with the help of Self-help Groups (SHGs) and special measures will be designed based on outcome of discussions with such identified families by July 2018. The methodology for identification of such families is described in this RPF. Attention will be paid to women safety issues related to their use of public transport for accessing jobs through awareness, improved availability of public transport to work places, and extending grievance mechanism to redress their concerns around safety in this regard. Public Consultation and Participation 5.27 Projects involving the community owe their success to community participation and involvement from the planning stage to implementation. Hence public consultations shall be compulsorily undertaken for all projects involving land acquisition, compensation and resettlement. 5.28 Two stage consultations will be followed: During screening / census survey / socio- economic surveys consultations will be held with various focus groups including separate focus consultations with women, women headed households, widows, women divorcee, women deserted, physically handicapped, SC/ST, old and children and those marginal land holders (prior to LPS/LA), to seek their views on the impacts and propose mitigation measures. Subsequently when the draft plans are available, those will be shared to inform the mitigation measures, compensation and entitlements and assistance as available to them to seek their feedback before finalization of those documents. The outcome of the 41 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework consultations will be incorporated in the project design and mitigation plans as appropriate and relevant. The attendance and minutes of the meetings will be documented. Such meetings will be continued during the implementation also. Time Frames 5.29 The following key timeframes shall apply unless otherwise agreed between the executing agency and APCRDA.  the inventory shall be completed at most four months prior to the commencement of work or as agreed;  the Resettlement Plan shall be submitted to implementing agency for approval immediately after completion of inventory  clearance from the implementing agency will be granted and plan will be disclosed publicly afterwards;  civil works shall commence only after compensation, resettlement and rehabilitation activities have been affected for the corresponding stretches / parcels of land.  comprehensive time frames shall be drawn up and consulted with all parties including the PAPs.  compensation payments for acquired land and affected assets and resettlement of households as described above, must be completed as a condition for the taking away of land and before commencement of the civil works under the project in the corresponding stretches / parcels of land.  adequate time and attention shall be allowed for consultation of both the displaced and host communities before bringing in the new comers. The actual length of time will depend on the extent of the resettlement. Notification Procedure 5.30 The Project (through the appropriate implementing authority) shall by public notice, and public announcement in the media (Daily newspapers, National Television, National Broadcasting Radios), notify the public of its intention to acquire land earmarked for the project. The notice shall state:  government’s proposal to acquire the land  the public purpose for which the land is needed  that the proposal or plan may be inspected by Project Planning teams or the offices of the District Administrator in the respective districts, during working hours  that any person affected may, by written notice, object to the transaction giving reasons for doing so, to the Project Planning teams with copies to District Administration and the Local Village Chief’s Headquarters within 14 days of the first public announcement or appearance of the notice. Assurances must be made that affected persons have received this information and notification. Public Consultation Mechanism 5.31 Public consultation and participation are essential because they provide an opportunity for informing the stakeholders about the proposed project. Public consultation and participation creates a sense of ownership for the project, providing an opportunity for people to present their views and allows consideration and discussion of sensitive social 42 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework mitigation measures and trade-offs. 5.32 Public consultation and participation will accord the PAPs an opportunity to contribute to both the design and implementation of the program activities. In doing so, the likelihood for conflicts among the affected and with the management committees will be reduced. Final 5.33 In recognition of this, attention shall be paid to public consultation with PAPs, households when resettlement and compensation concerns are involved. 5.34 As a matter of strategy, public consultation shall be an on-going activity taking place throughout the entire project cycle. Hence, public consultation shall take place during the:  project inception and planning  Screening process  feasibility study,  preparation of project designs  resettlement and compensation planning  Drafting and reading/signing of the compensation contracts.  payment of compensations  resettlement activities and  implementation of after-project community support activities 5.35 Public consultation and participation shall take place through local meetings, radio and television programs, request for written proposals/comments, completion of questionnaires/application forms, public readings and explanations of the project ideas and requirements. The Project Implementation Unit will carry out consultations. 5.36 Public documents shall be made available in appropriate languages at the national and local levels and at suitable locations including the village offices and village elders. Public consultation measures shall consider the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions, and feedback. Project Information Centers and Communication Strategy 5.37 13 Project Information Centers (PICs) have been established in all the villages at the Deputy Collector, at Competent Authority21 (CA) offices. The CA will be designated as Project Information Officer to provide required information on the overall Capital City Project in the form of printed documents, information available on the website, etc. Educated youth (boys and girls) from the respective villages have been trained as information assistants so that they can be more accessible by the villagers to seek required information. The PICs have copies and will provide access to all project related documents and information, brochures, etc., both in Telugu and English. The PAFs and other interested people can visit these centers and access all related information. The overall coordination of all village level PICs is done by the Director Information Technology of APCRDA. All project related documents, information, etc. can also be accessed at APCRDA web site, 21 There are 13 CA units in Capital City area, they report to District Collector , as all CAs are under the functional and administrative control of District Collector.. 43 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework www.crda.ap.gov.in Project Information Centers are open to the public. No fee is required to use the PIC. Users can access information through the internet. 5.38 A communication strategy is in place and will be periodically reviewed/ updated thereon, to ensure sufficient awareness campaigns are taken up about the entitlements under the three categories viz., Land Pooling Scheme, Land Acquisition and Negotiated Settlement Policy. In addition, Social development initiatives are also widely publicized to facilitate the public to participate and reap the benefits. NGO services will be enlisted for maximizing the coverage and awareness at individual and community level. 5.39 Video films of 45 seconds to 60 seconds along with animation films on each subject that require attention of the landowners/ project affected and people at large and a special campaign in cooperation with I&PR department audio visual vans or special vans fabricated and equipped with 52 inches TVs are also undertaken. 5.40 Besides the above initiatives, APCRDA is also disseminating information through social media like availing the applications like Facebook, Twitter, SMS based communication, YouTube, Mana Amaravati App, etc. The statistics below provides an overview on how many have actually availed/ visiting this information through social media channels as of July 15, 2018:  Facebook—No. of Followers: 52,320  YouTube—No. of Subscribers: 9,489  Twitter—No. of Followers: 14,527  CRDA Website Hits: 1,587,781  Mana Amaravati App Downloads – 31,346 (24,767 (ANDROID) + 5,679 (iOS))  Capital City Farmers count accessing SMS based communication is around 25,000 Grievance Redressal Mechanisms (GRMs) 5.41 There already exists multiple GRMs and all these would remain operational for the proposed ASCCDP as well and can be used by project affected people under the Bank project. A brief description of both the existing as well as (additional) proposed GRMs are as follows. 1. ‘Meekosam’ (‘for you’ in English): 5.42 This is a statewide single-window, online framework for receiving grievances, complaints, covering all government departments. Complaints are routed to the concerned department, including APCRDA for Amaravati related grievances / complaints. In addition to reporting complaints, people can also give suggestions to government directly through this web portal. All the reports and suggestions will be accessible to the respective departments and CM. http://www.meekosam.ap.gov.in 44 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 5.43 In addition to CRDA, Urban Development Department, Revenue Department, Social Welfare Department, and other AP State agencies are part of this GRM framework. The main features of the ‘Meekosam’ system include:  The recording of grievances is based on Aadhar number.  The person who posted grievance or suggestion can track the progress of his/her application.  An acknowledgement of receipt of the complaint will be received via SMS/ e-mail once a grievance is registered.  The grievance will be registered, tracking ID issued, categorized and forwarded to the department concerned.  Grievances will be escalated to higher authorities if the grievance is not addressed within a certain time-frame.  The status of the grievance could also be tracked through a toll-free number 1100/1800-425-4440.  A Call Center has been set up to register and provide information on status of grievance applications. 5.44 Each Competent Authority Unit is separately registered in the Meekosam portal to ensure that the grievance is expeditiously addressed by the concerned officer. The progress of redressal is monitored by Commissioner APCRDA at the organization level and by Hon’ble CM at the state level, during regular review meetings held on every Monday and Wednesday, respectively. 5.45 Grievances received from Meekosam, pertaining to CRDA mainly included: payment of pensions, issue of health cards, filling up of vacancies in respect of SC/STs, requests for jobs/employment grants, requests for enrollment into household survey, request for 45 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework allotment of government land and provide loan to build houses etc. 2. APCRDA Grievance Redressal Mechanisms 5.46 In addition to the Meekosam, APCRDA has its own GRM that includes: (i) a 3-stage physical system, that originates with designated officials (“Competent Authority”) at various zonal offices throughout Amaravati city, who citizens can approach to address grievances (see below); and (ii) an online system through the portal: https://crda.ap.gov.in/APCRDA/Userinterface/Admin/GrievanceRedressalSystem.aspx 3. Mana Amaravati App 5.47 A mobile APP – Mana Amaravati aims to bridge the gap between the state government, citizens of Amaravati, investors, buyers and sellers of plots, district administration, CRDA and other stakeholders. The app also facilitates information about the projects including the World Bank funded projects. The grievance redressal system has also been built into the app, with which citizens can address issues with concerned departments at their convenience as well as register/know status/ response of their complaints and suggestions. 5.48 As of July 2018, there are 20 services integrated into the ‘Mana Amaravati’ application. Through the app, all the plot owners who have been allocated lands can log into app and publish their plots for sale, joint development or lease. Another feature in the app is the ‘know your plot code’, with which a user can enter his/h er Aadhaar number and know the allocated plot details. The user can even go to the allotted plot and locate it physically. The app also has a feedback form through which users can send suggestions on its services. 5.49 A few other options available to the user include information about Amaravati, APCRDA, Farmers First, details about one-time loan waiver, annuity, viewing plot on map and download provisional certificate as well as view LPS layouts and access the Development Permissions Management System (DPMS) book appointment for plot registration, Details about various social benefits which include pension, free health, free education, training details and application for the same, Amaravati Housing Scheme, Job opportunities, NTR Canteens, Photos and Videos of Capital City development. This app also has a separate tab for World Bank ASCCDP project. In Citizen services - zoning regulations, master plans, e-Encumbrance and Meebhoomi options are available and a separate tab is provided. 5.50 A few salient applications of the app are illustrated below (screenshots): 46 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 47 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework World Bank ASCCDP  Action Plans by APCRDA can be found here 48 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Citizen Services ● Tap on Citizen Services button from Home Screen. 49 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Grievances  Tap on Grievance button from Home Screen.  Type “Aadhar Number”, “Phone Number”, “E-Mail Id”.  Choose if the grievance is Service “Related” or specify if grievance Final is related to other in the next field.  Choose the concerned department in Select Department drop down.  Describe grievance in Description field.  Attach any documents to support your claim and tap Submit button. 5.51 APCRDA’s Citizen’s Charter is available at: https://crda.ap.gov.in/APCRDA/Userinterface/HTML/CitizenCharter.html The Citizen Charter framework encompassing services related to land procurement, benefits, allotments, registrations, development, etc., will also be included as part of this Citizen Charter. Grievances from the on-line portal are categorized and forwarded to respective CA units and to the Commissioner APCRDA for further action. 5.52 A three-stage GRM system for land acquisition has been set up by APCRDA, which includes: Stage I Grievance Redressal Cell, located at the Competent Authority level at the village itself. About 26 units of Competent Authorities (CAs) were established during the early stages of Amaravati (Jan/Feb 2015), which are headed by Deputy Collector. The Deputy Collector is assisted by a team of officials including revenue, survey. This translates to the fact that each Deputy Collector is attending to the issues of approximately 1,000 -1,500 farmers of the Capital City villages, and is always available to public at large. The Stage II Grievance Redressal Cell is at the District level, where the Joint Collector will chair the Grievance Redressal Cell. The Stage III Grievance Redressal Cell is chaired by R&R Commissioner at State (GoAP) Level. Every Monday grievance redressal meeting is held at the CRDA offices of the Capital City in which officers from all Competent Authorities make themselves available for attending to public. In addition, the office of Commissioner at the CRDA in Vijayawada city receives grievances and addresses them daily. Type of grievances typically addressed during Monday meetings of the grievance cell include, inter alia: LPS objections; land disputes; annuity and pensions payments; agricultural loan waivers for LPS participants; issues with land pooling ownership certificates; request for re-survey; etc. 5.53 These GRM systems are functional and resolved many land ownership related issues, in a confidential manner. Issues that have been resolved to date have included, for example: Family disputes, survey errors, extent variations, encroachments, assignments and Wakf Board (religious board that decides over land matters), Endowment land disputes, etc. In addition, Help Desks were opened to enter into agreements and payment of benefits, Personalized and Door Step Services were provided, a dedicated Support Cell was 50 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework established for NRIs and NRVs. 5.54 In addition to contributing to the consultative process, the GRMs have helped address over 25,000 issues. LPS (form 9.2) grievances alone amount to 17,096, covering an extent of 6,511 acres of which 7,859 objections have been disposed in favor and 9,237 objections rejected on lack of grounds/ merits. Of these rejections, 1,052 appeals have been received for reconsideration and are under disposal process after due verification on ground. Similarly, around 415 grievances are addressed regarding village settlement zone (R1 issues). Call Center 5.55 A toll-free complaint number 1100 is provided to the public by the State to serve as a Grievance Redressal Platform which has received strong response. The intention of the Call Center number is to make lodging complaints easy for the citizens by just dialing a number. Upon registering the complaint through the Call Centre, the grievance is forwarded to the respective department (APCRDA) and the grievance redressal status is monitored from the Chief Minister’s Office through a core dashboard which is part of the real-time governance (RTG initiatives of Government of Andhra Pradesh). The Call Center is staffed by State- level officer, who route grievances to the concerned departments. 3. Right to Information (RTI) Act implementation at APCRDA 5.56 GoAP / APCRDA is also covered by India’s national Right to Information (RTI) act which provides another avenue for grievance redress. 5.57 Each of the over 20 departments of APCRDA as well as CAs have been assigned with a designated RTI officer responsible for receiving and disposing the RTI applications. In 2018, till date, about 221 applications have been received, of which about 179 have been attended to as per RTI Act. The rest are in process. 5.58 Applications/grievances received through RTI included wide queries, for example: Population details of capital city; questions on CC cameras; complaints on unauthorized construction; questions on land allotment; details on skill development trainings; SIA meetings; expenditure levels for Capital City, etc. 4. Proposed ASCCDP Grievance Redressal Mechanisms 5.59 To strengthen the existing grievance redressal system and to provide citizens of Amaravati with quick service, the APCRDA has constituted a Grievance Redressal Committee (GRC) with the Commissioner, APCRDA as Chairman, Special Commissioner, Additional Commissioner and respective HoDs/Directors as members. Joint Director OM & OSD (meetings) will be the Member Convener for GRC. All officials interfacing with citizens (farmers, landowners, pensioners etc.) will address and resolve grievances within a time limit. Those grievances which require inputs from other departments/HoDs for decision making in respect of resolving should be brought to the notice of GRC, which will meet once a month i.e., every third Thursday. In addition to resolving the pending Grievances, the GRC will review the status of grievances pertaining to all Competent Authority’s offices. 5.60 The multiple channels for grievance redress that have been set up by APCRDA 51 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework provide adequate avenues for the population of the Capital City area to express their grievances. They will be used as the Project-level GRM to address issues of Project Affected People (PAP), and as such will be monitored by the World Bank. Having a combined GRM will mitigate potential confusion among PAPs and it will promote efficiency in the response of complaints. 5.61 An NGO will be engaged by APCRDA through an MoU / Competitive Selection process by August 15, 2018. The NGO will have well-established credentials in addressing large scale bank funded projects of similar nature and have local presence, team with communication skills in local language. The NGO is expected to provide assistance to the PAPs especially those who are illiterate in filing their grievances. The NGO will also educate people on how to approach the grievance Redressal mechanism. Citizens’ Committee: 5.62 Citizens Committee has been set up with the following objectives: 1. Serve as an approachable body and engage with project affected people and other stakeholders on implementation and policy matters; 2. Serve as an advisory Panel to APCRDA on dealing with potential adverse impacts and policy issues that require management attention; 3. Advise APCRDA to ensure that project’s safeguard polices for land acquisition, resettlement and livelihoods are followed; and, 4. Advise APCRDA on implementation outcomes of Safeguards mitigation plans The terms of reference of the Citizens’ Committee are summarized below: (a) Provide advice and recommendations to various issues that APCRDA approaches to the committee on the issues encountered during RAP implementation; (b) Undertake Independent field visits to the resettlement sites and project sites to hear the views of the project affected people and other concerned stakeholders on the implementation of RAP and related activities and make recommendation as needed to realize the objectives of RAP. (c) Review the status of compliance with legal covenants related to resettlement as described in the project agreement between the World Bank and APCRDA and recommend measures for their compliance throughout the project implementation; (d) Review the implementation status of APCRDA Resettlement Action Plan and recommend measures to improve the resettlement implementation performance. The Committee will receive inputs from the independent monitoring and evaluation consultant/NGO; (e) Review and recommend measures as appropriate for timely implementation of various actions agreed with the World Bank on the implementation of resettlement aspects of the project (as available in the aide memoirs of supervision missions carried out from time to time). (f) Suggest APCRDA on improvements in the policy provisions based on the implementation experience and interactions with stakeholders. (g) The committee undertakes regular field visits, typically once in a quarter to interact with affected people to hear them directly and provide advice to the implementing agency (APCRDA/ADC) regarding RAP improvement measures. 52 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework The Citizens’ Committee has been constituted with 12 members, chaired by Pro-Vice Chancellor of a University in Amaravati and includes 2 academicians of repute; 5 women members (landowners/residents from villages); one member from agricultural labor and four landowner members of which one member is from SC/ST community. The first meeting of the Citizen’s Committee took place on July 24, 2018. 5.63 The minutes of Citizen’s Committee meetings, recording the summary of outcomes of meeting/field visits and their recommendations will be issued by the Chairman of the committee within a week of the meeting. This will be posted in APCRDA’s website to enable all the concerned stakeholders kept informed about the outcome of the activities of Citizens Committee in the project. The budget for the Citizen’s Committee will be set up under the Contingency Provisions of the RAP budget. Funding arrangements, Costs and Escrow Account 5.64 The Government of Andhra Pradesh/ APCRDA, the requisitioning Authority for acquiring lands required for the project, shall make arrangements for funds:  Required for establishment of land acquisition/ land pooling units.  Required for payment of annuity towards net crop loss  Required for payment of pensions through Capital Region Social Security fund.  Required for payment of Compensation, R&R Cash benefits  Proved non-title holders – benefits under LA R&R Act  Not proved but below poverty line – pension under LPS 5.65 The payments shall be through bank transfers into the accounts of Awardees / beneficiaries (women in case of pensions). In case of land owners refusing to receive compensation or not available to receive compensation, the amounts are being deposited with the Land Acquisition R&R Authority which was formed vide G.O.Ms.No.91, Revenue (Land Acquisition) Department, dt. 03-03-2017. The key role of LAR&R Authority is to adjudicate the references made against the payments of compensation/ apportionment/ R&R entitlements following the parameters set out under Section 26 to Section 30 of LAR&R Act 2013. This LAR&R Authority will act as the Grievance Redressal Mechanism to deal with complaints related to compensation and R&R benefits under LAR&R Act 2013. In cases where land owners refuse to take compensation, or are not available/present to receive compensation after best efforts of government (District Administration) to reach them, the compensation amount will be transferred to escrow account set by LAR&R Authority. 5.66 The resettlement plan shall contain budget estimates and its sources and will include costs of consultations, awareness rising and GRM. All expenditures related to the implementation of RAPs will be met out of counterpart funds of the project or General Funds that are already in place for LPS or land acquisition. The RAP budget will be placed with district administration who is the deemed appropriate government as per LA R&R Act 2013. The funds would be deposited in the P.D. Account of the District Collector which would be operated through Treasury. The Collector/ Joint Collector would certify to APCRDA to that effect. APCRDA will have a separate account for payment of differential cost arising due to application of RPF provisions in relation to provisions applied by the District administration. 53 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Disclosure 5.67 Information will be disseminated to project affected people at various stages. In the project initiation phase, the LAO will be responsible for issue of public notice to acquire particular land/ property for road-project component along with program information/details. The notice will be published once in local newspapers. The LAO along with local self-government leaders/revenue officials/officials from District Collector/ LAOs office will also conduct meetings with DPs in addition to the public notification to ensure that the information is given to all of them, as per LA, R&R Act provisions. 5.68 For the benefit of the community in general and physically displaced people in particular a summary of the final draft RPF was disclosed on 4th August 2018, after clearance of the World Bank, in local language during public meetings at the community level, and disclosed in public places both as draft and final version after it is approved by appropriate Government. The disclosure of draft will enable stakeholders to provide inputs on the resettlement process. The final RPF will be redisclosed after GoAP’s approval. 5.69 Each RAP will be disclosed to the displaced community detailing information including measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule by the LAO with assistance from the NGO/agency hired for assisting in RP implementation. This will be done through public consultation and made available as brochures, leaflets, or booklets, using local languages. 5.70 The resettlement plan will be made available to the public at: (i) Offices of the LAO; (ii) Office of the District Collectors; (iii) Taluk Office; and (iv) Office of the Panchayat/ Union/ Municipality/ Corporation, as soon as the plans are available and certainly before land is acquired for the project. For illiterate people, other communication methods will be used. A report of disclosure, giving detail of date and location, will be shared with World Bank along with the Quarterly Progress Report (QPR). The basic information in the resettlement plan including project locations, magnitude of impact, entitlements, implementation schedule, etc., will be presented in the form of a brochure that will be circulated among the DPs. 5.71 Electronic version of the Framework as well as the RPs will be placed on the official website of the District Collector and APCRDA, after approval and endorsement by Government of Andhra Pradesh and World Bank. In addition, all safeguard documents, including the quarterly progress reports and concurrent monitoring reports, any studies related to LPS or LA, impact evaluation reports, list of eligible PAPs will be disclosed. The RPF and RPs will be maintained throughout the life of the project. Management Information System (MIS) 5.72 Keeping in line with the provisions of the LARR Act, 2013, a well-designed MIS will be created and maintained. This MIS will be supported with appropriate software and will be used for maintaining the DPs baseline socio-economic characteristics, designing and developing pre-defined reports, algorithms and calculations based on the available data and updating tables/fields for finding compensation and assistances, tracking the land acquisition and resettlement progress. 54 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 5.73 The MIS tool developed in-house by APCRDA through Tata Consultancy Services, for monitoring entitlements, eligibilities and payments is employed. This works with the Aadhaar number of the beneficiaries. The online progress reports will be kept on the website of APCRDA for effective implementation and monitoring. A separate site/page will be developed where the progress and details related to World Bank financed project’s foot- print will be maintained and updated periodically. Monitoring and Evaluation (M&E) 5.74 In order to assess whether the goals of the resettlement and compensation plan are being met with, a monitoring plan will be required. This monitoring plan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions to carry out the monitoring activities. APCRDA will commission an NGO/consultant experienced in land acquisition, resettlement and community development to carry out a concurrent monitoring of the implementation of LPS, Land acquisition and related impacts and assistance to landless laborer and agricultural tenants. The M&E consultant will be on board by October 31, 2018. The details of concurrent monitoring will be described in the RAPs, NGOs will be appointed to assist APCRDA in implementation of investment specific action plans. In addition, APCRDA constituted a Citizen’s Committee consisting of Project Stakeholders, local institutions, experts from local universities in the relevant field, citizen forums to periodically review the implementation progress and also take up with district administration on timely implementation of the project. 5.75 Monitoring the resettlement and compensation activities will fit the overall monitoring program of the entire Bank supported project, which will fall under the overall responsibility of the different executing agencies. The executing agencies, with support from the Resettlement Specialist, will institute an administrative reporting system that:  alerts project authorities on the necessity and procedures for land acquisition for the project activities and the need to incorporate land acquisition, resettlement, loss of assets and impact on livelihood provisions in the design technical specifications and budgets;  provides timely information about the asset valuation and negotiation process,  maintains records of any grievances that require resolution, and  Documents timely completion of project resettlement obligations (i.e. payment of the agreed-upon sums, construction of new structures, etc.) for all permanent and temporary losses, as well as unanticipated, additional construction damage.  updates the database with respect to changes that occur on the ground as resettlement and compensation activities are being implemented 5.76 Periodic evaluations will be made in order to determine whether the PAPs have been paid in full before implementation of the sub project activities; and whether the PAPs enjoy the same or higher standard of living than before. 5.77 This framework suggests that where appropriate and where it is determined to be cost effective, the office of the District Administration shall be structured to host the monitoring and evaluation component of the project/program. This will take the form of 55 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework giving the districts the mandate to carry out independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of quarterly or half yearly (as circumstances dictate) during the program life. 5.78 The objective of final evaluation is to determine whether affected people have received full compensation and assistance; and whether they have improved their living standards compared to the base line situation. A separate consultant who is not associated with the implementation will be hired to carry out the impact evaluation after one year of substantial implementation. Monitoring Indicators 5.79 A number of Objectively Verifiable Indicators (OVIs) shall be used to monitor the implementation of RAPs and its outcomes. The indicative indicators are included in the RAPs. The concurrent monitoring will be focused on: progress in compensation payments, delivery of R&R assistance, delivery of LPS returnable plots, coordination with civil works, implementation of social development schemes, grievances handled, timely payment of annuities and pensions, consultations, compliance with RPF/RAP provisions, timely handover of land to the contractors, delay in implementation from RAP time-table, etc. The impact evaluation will focus on documenting the changes in income, poverty levels, ownership of assets, creation of employment opportunities and ways of spending compensation amount, how returnable plots are being used, etc. Controlled population surveys will be undertaken for comparison purposes. Capacity of APCRDA to monitor and manage social development impacts 5.80 Competent and experienced staff is already present as part of APCRDA structure with a total strength of 23 personnel headed by Director, Social Development and ably supported by community mobilizers, social development officers. This set up has been effectively implementing the programmes and schemes over the last two years without any default of compliances as well as major grievances. 5.81 However, the staff is required to be exposed and trained on Bank safeguard policies, procedures and implementation mechanisms through targeted capacity building programs, which will be taken up periodically over the project implementation period. Capacity enhancement of the Social Development Cell shall ensure implementation of the Resettlement Policy Framework, Preparation, review and monitoring of RAPs, enable Redressal of grievances, etc., 5.82 Capacity strengthening programs for APCRDA staff will also focus on livelihood restoration of affected people / beneficiaries. The technical assistance component of the project will be utilized for formulating and implementing specific target oriented capacity building programs. Disclosure and Public Consultations Consultations on RPF 5.83 The draft Resettlement Policy Framework (RPF) was disclosed on December 31, 2016 on the website of CRDA, and the general public was notified - through public notice – of its 56 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework publication and subsequent public consultation meetings. Comments and suggestions on the draft documents were solicited. Two rounds of public consultations were held to discuss the draft RPF: (i) in January 19, 2017, a workshop carried out at the APCRDA Office was attended by more than 150 people; and (ii) in August 29-30, 2017 workshops were held in 4 villages, attended by more than 350 people - including women and vulnerable people. Four World Bank and 1 AIIB specialists, respectively, attended the first workshop; the second round of consultations were attended by 4 World Bank specialists as observers. Most the Final participants to the consultations requested not to disclose their names in public documents, and therefore signed registration/attendance sheets from the workshops are accessible in the project files (APCRDA’s office). Separate focus group meetings were held for consultation of the draft RAP. These focus groups targeted women and vulnerable people (pensioners). Outcomes and minutes of these meetings are included in the draft RAP. First round of consultations 5.84 The minutes of the first consultation workshop (January 2017) are provided in Annexure 6. Suggestions received as a result of disclosure of draft RPF included: review of zonal regulations; clarifications of LPS agreements; revision of basic land values; fair compensation values annual increase in pension amounts; top-up payment to cover the costs of depreciated amounts for structure valuation; cost of un-salvaged materials provisions for vulnerable people; peg marking of the affected properties in the villages; capital gain tax exemption on the value of returnable plots; update of basic values as per Section 26 of LA R&R Act; registration of plots duly creating transferrable rights as per the provisions of Transfer of Property Act; enforcement of development agreements under LPS in a court of Law / Conciliation Board. The outcome from the consultation workshop was well received and suggestions were addressed as follows: APCRDA has agreed to an annual increase of pensions linked to inflation index, non-deduction of depreciation costs while valuating the structures and salvage costs. APCRDA also will take steps to assessing the needs and providing additional support to vulnerable groups, and will prepare a livelihood restoration program for all those who are interested (with a focus on those depending on lands that were pooled/acquired or those who were marginal farmers prior to land pooling). The government also updated the basic value of land that will be considered by the district Administration while implementing the LARR Act. Second round of consultations 5.85 The second series of consultations were carried out August 29 and 30, 2017. It included 4 public meetings held at Thulluru, Ananthavaram, Venkatapalem and Neerukonda. Approximately 350 people attended these consultations, and more than 400 written concerns/suggestions were submitted to APCRDA about the project. The outcomes of these public consultations are summarized below and additional details are provided in Annexure 6.  View of farmers who joined Land Pooling Scheme (LPS): The concerns and views by this group include: (i) eagerly waiting for development of infrastructure, especially basic amenities around returnable plot layouts; (ii) No visible development even after 3 years after their lands are taken; (iii) need support in understanding legal aspects of various orders and application of the provisions; (iv) clarifications on user and development related charges; (v) Process followed for acquisition of isolated structures in LPS areas is not clear; (vi) the standards and 57 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework facilities to be provided in the returnable plots layouts in term of internal roads, drainage, sewers, application of development charges etc. should be disseminated; (vii) people are differing registration of returnable plots since infrastructure in layout is not completed and the exact location of individual plots on the ground is not recognizable; (ix) third annuity payment is still pending for some of the beneficiaries; and, (x) LPS certificates cannot be mortgages for loans, etc.  Concerns of farmers affected by Land Acquisition. The concerns and views expressed by this group include: (i) No specific consultations held with those not joined LPS to understand their concerns; (ii) Uniform criteria is not applied in land classification like lands classified under LPS and the guidelines in Government Order 165 are not followed. Lands with lift irrigation facilities are not classified as Jareebu;;(iii) court directions on land acquisition are not honored, for example, the objection to land acquisition are not recorded properly during land acquisition hearing and instead filed cases against those made objections; (iv) instances of disconnection of electricity for pump sets, obstruction for cultivation, damage to trees and application of provisions of Government Order-259 is not followed; (v) court directions on land acquisition were not considered; (vi) Poor quality of SIA and Expert committee decisions are not in line with public hearings and concerns of the land owners; (vii) recent revision in guideline land values in Capital City area is not in line with market values for instance other are more than once since 2014 in other villages, but only one revision has taken place in Capital City and the revised rates are similar to increase in other villages; (viii) The provisions of 2013 act are not followed in true spirit and clarity on the application of purchase of 20% developed land out of total land acquired as available under the LARR Act is not available; and, (vii) APCRDA treats differentially those not joined the LPS.  Concerns of displaced people. The concerns and views expressed by this group include: (i) Need for more information on impacts and entitlements to displaced families and need more details on negotiated policy provisions, facilities to be provided in resettlement sites and support for construction of houses, etc.; (ii) Issues related to demarcation of Gramakantham areas and use of differential criteria for demarcating Gramakantham boundaries need to be looked into;(iii) Some of the individual grievances were not responded especially on the impacts in village areas; (iv) APCRDA should consider shifting alignment of roads in village areas to avoid impacts to houses; (v) need to know the list of persons displaced persons; (vi) clarification on the impact, discrepancies in measurement and details of displaced families is not provided in spite of repeated requests, especially those residing on Government lands.  Concerns of landless laborers. The concerns and views expressed by this group include: (i) delays in release of pensions for July and delays in legal hair transfers; (ii) inadequate pension amounts and the daily wage rates of Rs.200-300 received by those working in gardens is not commensurate with INR 2500 pension amounts; (iii) 10% annual increase similar to annuity payments need to implemented; (iv) Need for more skill development and livelihood opportunities; and (iv) Local employment opportunities in various capital development works  Other Comments. Other concerns expressed by participants of the consultation workshops include: (i) People need more information and awareness on the 58 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework provisions, entitlements, benefits and opportunities available in the process of capital development and legal advice on various legal matters; (ii) Proposed Citizen committee is welcome but should have adequate representation from the farmers; (iii) Benefits to the assign land owners is not adequate and need for re-looking (iv) Some of the grievances are pending and waiting for decisions/replies from CRDA; (v) need for support to establish individual enterprises; (vi) Impact of road works and safety concerns especially in the village areas and low laying areas and need to understand the cross sections and quality in construction of roads should be ensured; (vii) more skill development centers should be established; (viii) Fee reimbursement is not happening and need to consider fee reimburse for lowers class; (ix) Promises made at the time of announcement capital and LPS scheme are not implemented and those include: one job/family, access to interest-free loan for setting up enterprises, free education and health, etc.; (x) provisions for ducts in road projects and LPS infrastructure development.  The list of people who attended these meetings and singed the attendance sheets is available in the project files (APCRDA office). Participants asked that their names not be disclosed in a public document, and therefore they not included in the Annex. Some participants refused to sign the attendance sheets. 5.86 A summary of actions taken / plan of action initiated on the basis of the outcomes of the consultation meetings is presented below: Sl. Outcome Action taken / plan of action No. 1. Eagerly waiting for Infrastructure Master Plan completed, tenders in 3 development of zones for development of infrastructure out of 13 infrastructure in returnable zones are invited, rest in process and will be plot layouts completed well within the stipulated time period of 3 years as per the Act. 2. Legal support The legal cell of APCRDA is currently supporting the farmers in person through the Grievance Redressal process, from Competent Authorities. Additional legal support will be made available through a dedicated legal cell / team both at APCRDA headquarters as well as city office. 3. Lack of clarity in respect of A detailed discussion with farmers in respect of user charges, development such issues indicated that the lack of clarity is charges, standards and largely arising out of misguiding conversations at facilities provided in various levels. As a remedial measure, a detailed returnable layouts, document of frequently asked questions both in acquisition of isolated English and Telugu languages is published which structures, etc.. will be revised periodically with additional inputs. 4. - Process followed for These issues have been resolved since the time acquisition of isolated complaints were brought up to APCRDA. structures in LPS areas is not clear - People are differing registration of returnable plots since infrastructure in 59 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework layout is not completed and the exact location of individual plots on the ground is not recognizable 5. Delays in Annuity / During the initial months of LPS implementation, Pensions payments certain delays occurred on account of verification, certification and other technical grounds. All processes have now been streamlined and release of payments is now being ensured without any delay. Beneficiaries can approach GRM in case the credit of their benefits have not been made. The list of beneficiaries for both annuity and pensions is already available in website, APCRDA offices. All the beneficiaries are intimated regularly through SMS on their registered mobile numbers. The payments are directly credited to their registered bank account numbers online. It is identified that the delays are on account of certain beneficiaries changing their beneficiary accounts from one bank to another. To facilitate modifications in the records, village facilitators are given additional responsibility to particularly coordinate on this subject. 6. Grievances on account of M/s. EPTRI is appointed as SIA consultant for land acquisition such as Capital City development project and an expert consultations, classification committee is constituted in line with the LARR Act of lands, compliance with to prepare recommendations and follow provisions court proceedings, alleged of the Act. The grievances on LA process are power disconnection, quality addressed by the Grievance Redressal Mechanism of SIA and expert committee already in place at various levels such as Joint decisions, revision of market Collector, Guntur district, Commissioner, values, purchase of 20% APCRDA, Competent Authorities, etc. To address developed land, treatment of the project level grievances on land acquisition, those not joined in LPS project level grievance Redressal committee and citizen’s committee are constituted to dispel concerns and adequately communicate the provisions of the Act and compliance by the Authority. In addition, periodic focus group consultations will be conducted with those who have not joined LPS. Purchase of 20% of developed land is a LARR Act provision and will be applicable to the lands and extent procured under this Act. 7. Displaced persons - The As outlined above, in addition to the existing GRM, outcomes of consultations in project level grievances committee and citizens respect of displaced persons committee are constituted to strengthen the GRM. suggest that – some of the With a view to provide details on displaced individual grievances need families, components of Negotiated Settlement and to be addressed, additional process, a detailed booklet in Telugu as well as details required on English is prepared and widely circulated. This 60 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework entitlements in respect of booklet can be accessed at Negotiated Settlement, facilities in resettlement https://crda.ap.gov.in/APCRDA/Userinterface/a sites, shifting of alignment, dmin/asccdp.htm measurement mismatches, details of displaced families, A frequently asked question – response document especially those residing on is also made available in respect of Gramakantham government lands, etc.. issues. About 4000 issues pertaining to Gramakantham are already resolved and the residual issues are found to be largely pertaining to non-compliant appeals and are under scrutiny by competent authorities. Discrepancy in measurement is identified to be arising out of perceived extent vs. the actual extent on the ground in the case of a limited number of farmers and is being addressed to. With a view to avoid such discrepancies in future, the returnable plots are being provided with DGPS coordinates. Additional consultation meetings are held to address the requests of those residing on government lands. The outcomes of these meetings are documented in project files. Consent to negotiated settlement by 60 project displaced families is a result of the continued efforts to clear any doubts on Negotiated Settlement. 8. Court directions on land No evidence to confirm this ever occurred. No acquisition are not honored, contempt of court issues, which would have arisen for example, the objection to from such action, have been recorded by CRDA. land acquisition are not recorded properly during land acquisition hearing and instead filed cases against those made objections 9. Poor quality of SIA and SIA was strengthened by revisiting the data Expert committee decisions capture and Expert Committee was reconstituted are not in line with public by the R&R Commissioner hearings and concerns of the land owners 10. Landless laborers - The Proposals for annual increase of pensions linked to outcomes in respect of inflation indexation were approved by the landless laborers Authority and have been forwarded to consultations include 10% Government for issuing appropriate orders. annual increase to payments, Isolated cases of delay in receipts due to bank more skill development and account changes by the beneficiaries and issues livelihood opportunities, related to legal heir transfers are attended to by the local employment facilitators at the Competent Authority’s office. A opportunities, delay in mission mode approach is followed to clear all release of pensions, and pending cases. Special drive to invite interested delay in legal heir transfers. participants for the skill development programs, livelihood opportunities is planned in October 61 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 2017. It is mandated that all contractor employers are required to give a preferential treatment to employ locals in the development works. Proposals to engage NGO services to coordinate livelihood development activities were initiated. 11. Other outcomes – citizen’s A Citizen’s committee consisting of majority committee; representatives from farmers, academicians, administrators and people’s representatives is constituted as a result of the outcomes from the consultations. 12. Other outcomes – safety Half day workshop conducted to sensitize the concerns on account of road contractors about safety issues. Progress monitored works on a bi-weekly basis by the implementing agency. 13. Other outcomes – not The other outcomes are communicated to the directly connected with the respective departments for suitably attending to it. project Focus group consultations 5.87 Besides the above consultations, around 20 focus group discussions were conducted, which were attended by around 300 people (detailed minutes are provided in Annexure 6 of Resettlement Action Plan (RAP) for 10 priority road networks). Moreover, one-to-one consultations lo local people with the Competent Authorities will continue to be a continuous process. By engaging the services of Self Help Groups, the participation of women and vulnerable groups is encouraged during all consultation meetings. 5.88 The list of affected families under Land Acquisition and of physically displaced families will be displayed in all the Competent Authority offices to reduce ambiguity among people about the land that is getting affected. 5.89 Under LAR&R Act, the compensation will be paid as per the provisions of Section 26 to Section 30 read with Schedule – I and R&R entitlements are payable as per Schedule – II. The state government has made Land Pooling Scheme giving option to the landowner to opt for LPS. Budget 5.90 The budget for preparation of Resettlement Action Plans for specific Bank-financed investments will be done as per the definition of Land Acquisition cost under Section 3 of LAR&R Act 2013 and the parameters to calculate the Land Acquisition Cost include: (a) Compensation; (b) Enhanced compensation by LARR Authority / Courts, if any; (c) Damages; (d) R&R Cash benefits; (e) R&R infrastructure costs; (f) Administrative costs including the cost of conducting SIA Study; and (g) Development cost. 62 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexures 63 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexure 1 - Definitions Unless the context dictates otherwise, the following terms shall have the following meanings: - 1. Final raising of crops, fruits, vegetables, grass, ‘agriculture’ includes horticulture, farming, fodder, trees or any other kind of cultivation, breeding and keeping of live-stock, including horses, donkeys, mules, pigs, fish, poultry and bees; and the use of land for any purpose which is ancillary to the farming of land or any other agricultural purposes, but does not include the use of any land attached to a building for the purpose of a garden to be used along with such building and the expression ‘agricultural’ shall be construed accordingly; 2. ‘annuity’ means the annual payments included in the package under LPS as per Rule 5 (2) of the AP Capital City LPS (F&I) Rules 2015; 3. ‘authority’ means the Andhra Pradesh capital region development authority constituted under section 4 (1) of this Act and includes Commissioner or Competent Authority not below the rank of Deputy Collector appointed by Government to discharge certain functions under this Act or rules or standing orders made there under; 4. ‘Capital City area’ means area within capital region identified and notified by the Government of Andhra Pradesh as the Capital City area for the State of Andhra Pradesh under section 3 (3) of this Act; 5. ‘development plan’ means a comprehensive plan for the development or redevelopment or improvement of a local area within the jurisdiction of the Authority covering the whole or part thereof, conceived within the framework of the perspective plan providing medium-term (five years) policies, programs and detailed proposals for socio-economic and spatial development of such area indicating the manner in which the use of land and development therein shall be carried out and includes a capital region development plan, Capital City development plan, area development plan, town development plan, zonal development plan, village development plan, or any other plan or scheme prepared under the Act by whatsoever name known; 6. ‘development project or project’ means plans conceived within the framework of approved development plan, containing detailed working layouts with all supporting infrastructure and documents including cost of development, source of finance and recovery instruments for their execution; 7. ‘development scheme’ means the method of securing land required for a development plan by means of land acquisition or land pooling or any other means, and the details of implementation of the plan in the secured land. All these details are incorporated in a document conferring rights on land by specifying how this land may be used and developed, and outlines the processes to be followed before development occurs; 8. ‘infrastructure plan’ means a plan showing existing and proposed major infrastructure facilities like circulation network including ring/radial/grid roads connecting all the settlements, transport, power, water supply, natural drainage, sewerage system, solid 64 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework waste disposal and management system, communications network and related facilities like power plants, roads, highways, railways, metro ways, airports, and the like; 9. ‘land pooling scheme’ means assembly of small land parcels under different ownerships voluntarily into a large land parcel, provide it with infrastructure in a planned manner and return the reconstituted land to the owners, after deducting the land required for public open spaces such as parks and play grounds, social housing for economically weaker sections, social amenities such as school, dispensary and other civic amenities, road network, and other infrastructure as specified under the Act as well as such extent of land in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure; 10. ‘master plan’ means a land use, infrastructure and transportation plan, indicating the location of residential, commercial, transportation, green/open, mixed use, utilities, social infrastructure, industrial, agricultural areas and ecologically fragile areas, prepared for the whole of the capital region or part thereof and could be at the concept level for a 20-year period reviewed every five years having a low level of detail or at a detailed level for up to ten-year period; 11. ‘occupier’ includes: - a. a tenant, b. an owner in occupation of, or otherwise using his land, c. a rent-free tenant of any land, d. a licensee in occupation of any land, and e. any person who is liable to pay to the owner charges for the use and occupation of any land; 12. ‘Census’ means a field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders. 13. ‘Compensation’ means the payment in kind, cash or other benefits / entitlements given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. 14. ‘Cut-off date’ - Under the LA R&R Act, 2013 the compensation is payable basing on the market value as on 11(1) notification and till award interest is payable. Regarding R&R under LA R&R Act, 2013 the cut-off date shall be 3 years prior to date of Award. As per the Act the expected period for passing Award is 3 years viz., SIA Process 1 year [4(1) to 11(1)] - Preliminary Notification 1 year [11(1) to 19(1)] - Declaration 1 year [19(1) to Award u/s 23]. Hence the cut-off date for R&R benefits is the date of 4(1) Notification. Census Survey will be conducted taking the cut-off date of 4(1). Regarding persons living on land without title a separate Census Survey will be conducted and the cut-off date for such persons would be the date of Census Survey, as the provisions of LA R&R Act, 2013 are not applicable. 65 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 15. ‘Project affected persons’ (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons are to be physically relocated. These people may have their: a. standard of living adversely affected, whether or not the Project Affected Person must move to another location; b. right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently, adversely affecting livelihood. c. access to productive assets adversely affecting livelihood. d. business, occupation, work or place of residence or habitat adversely affecting livelihood. 16. ‘Involuntary Displacement’ means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: a. Loss of benefits from use of such land; b. relocation or loss of shelter; c. loss of assets or access to assets; or d. Loss of income sources or means of livelihood, whether or not the project affected person has moved to another location. 17. ‘Involuntary Land Acquisition’ is the taking of land by government or other government agencies for compensation, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights. 18. ‘Land’ refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. 19. ‘Land acquisition’ means the taking of land, buildings or other assets thereon for purposes of the Project. 20. ‘Resettlement Assistance’ means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels. 21. ‘Resettlement and Compensation Plan’, also known as a ‘Resettlement Action Plan (RAP)’ or ‘Resettlement Plan’ - is a resettlement instrument (document) to be prepared when the locations of Bank-financed investments are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. 66 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 22. ‘Rehabilitation Assistance’ means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation, 23. ‘The Resettlement Policy Framework (RPF)’ has been prepared as an instrument to be used throughout the Road Network Project implementation. The RPF will be publicly disclosed in impacted areas to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans (“RAPs”) for the Road Network Project will be prepared consistent with the provisions of this RPF. 24. ‘Resettlement Action Plan’: see Resettlement and Compensation Plan above. 25. ‘Vulnerable Groups’: among the landless households, the following are recognized as vulnerable under the project: (i) families with woman as head of household including inter alia single women, widows; (ii) households where family members have physical disabilities; (iii) families with chronic diseases; (iv) households with aging family member who can no longer work (over 60 years old); (v) families with no alternative sources of income other than APCRDA pension; and (vi) families of Scheduled Castes/Scheduled Tribes. 26. ‘Incapacitated households’ – those no member of the household is fit to work and; Child-headed households and street children. This group is among other things, characterized by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender bias. All other words used shall have the meaning specifically mentioned under any law or policy of the Government of Andhra Pradesh. 67 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexure 2 - Land Pooling Scheme (LPS) Annex 1. This Annex has the following key sections:  Section I: Background  Section II: Description of LPS policy, processes & regulations  Section III: Consultations held for LPS & Grievance Redress Mechanisms  Section IV: Entitlements under LPS  Section V: Agricultural Labour Analyses  Section VI: International Expert Opinion on LPS  Section VII: Current status summary & monitoring of implementation Section I: Background Formation of New State of Andhra Pradesh 2. The Andhra Pradesh Re-organization Act, 2014 (central Act 6 of 2014) came into force on June 2, 2014. The new State of Telangana formed with Hyderabad as the Capital. The Residual State of Andhra Pradesh left with no State Capital, but the Central Government constituted an expert Committee to study various alternatives regarding the New Capital for the successor State of Andhra Pradesh and make specific recommendations. There is a casting responsibility on the Central Government to assist the successor State of Andhra Pradesh in identifying of its New Capital and to assist financially as per clause 3 (d) of the Statement of objects. 3. The Central Government constituted an expert committee on March 28, 2014 under the Chairmanship of Sri K.C. Sivarama Krishnan, I.A.S., to give the report within six months from the date of Re-Organization Act, i.e., August 31, 2014 and some of the guidelines issued by Central Government in the terms of reference included 1) the least possible dislocation of people and their habitations 2) Vulnerability assessment from National Disasters like floods, cyclones and earth quakes 3) Assessment of the scope of minimizing the cost of construction and acquisition of land 4) the least possible dislocation to the existing agriculture systems. 4. The Committee submitted its report on July 28, 2014 and gave various alternatives without giving any specific recommendations and left the decision to the Government. The Central Government forwarded the report to the State Government. Finalization of Capital City location 5. The State Government took the recommendations of the expert committee, opinions of experts of urban development, various public organizations and after considering all aspects of public welfare, accessibility to all parts of the state, advantages and disadvantages, identified and finalized the location of Capital City area taking following factors into consideration. CITY DISTRICT RISK CONN WATER LAND REG DEV Vijayawada UA Krishna 0.5 1.81 1.61 -0.64 1.39 Greater Visakhapatnam 2.86 -1.24 0.14 1.74 1.09 68 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Visakhapatnam (MC) Nellore UA S.P.S Nellore -0.16 -0.17 1.87 2.05 0.36 Kakinada UA East Godavari 1.39 1.48 0.18 -0.98 0.88 Guntur UA Guntur -0.55 1.49 0.92 -0.34 1.04 Ongole UA Prakasam -0.29 0.49 -0.01 -0.46 -0.45 Eluru UA West Godavari -0.16 -0.84 0.28 -1.13 0.82 Tirupati UA Chittoor -0.64 -0.95 -0.49 0.59 0.22 Kadapa UA Y.S.R. Kadapa -0.67 -0.28 -1.45 1.12 -0.27 Vizianagaram UA Vizianagaram -0.57 -0.07 0.18 -0.52 -1.69 Kurnool UA Kurnool -0.61 0.09 -1.33 -0.32 -0.8 Srikakulam UA Srikakulam -0.44 -0.64 -0.86 -0.85 -1.36 Anantapur UA Anantapur -0.66 -1.18 -1.04 -0.25 -1.24  Recommendations of the expert committee  The Committee has given the Capital Zone suitability index for locating Capital City  As per the committee report Vijayawada Urban Authority was ranked high for locating Capital City. The only deficiency was land availability  Not to locate in the already congested urban cities  To avoid high risk seismic zones prone to earth quakes  Connectivity  The State Government identified an area between Vijayawada and Guntur cities on the banks of River Krishna and the AP Assembly passed resolution on September 3, 2014 to establish Green Field Capital City as a livable environmentally sustainable people’s Capital  The identified Capital City area is centrally located from both rear ends of the State with good connectivity  Guntur and Vijayawada cities are already congested and they have not been included in Capital City area  The Capital City is 60.30 km to 78.70 km from the nearest point of Bay of Bengal and far away from cyclone zone  The Capital City area is located on the upstream of Prakasam Barrage; as a result, it avoids Krishna delta lands and is also less prone to flooding from Krishna River  River Krishna has a well defined regime course and its natural and man-made banks are capable of carrying flood discharge  “Diviseema” is prone to cyclones and it is located 96 kms’ away eastern side of Prakasam Barrage and Capital City is located on the western side of Prakasam Barrage spreading 20 KMs southern side of Krishna River 6. The State Government intends to construct sustainable, green field, people’s capital with economic growth engines, with Capital infra structure, amenities and facilities with high level education, medical, tourism etc., as part of inclusive development and not only restricting to administrative buildings. Accordingly, the Government notified an area of about 217.23 Sq. km (Ac. 53,748.00 cents) comprising 24 Revenue Villages and part of Tadepalli Municipality falling in Guntur District (on the west of Old National High Way from Prakasam Barrage to Y-Junction at Mangalagiri). Capital City Master Plan 69 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 7. To make the Capital City a world-class People’s Capital, Government of Andhra Pradesh signed a Memorandum of Understanding (MoU) with the Government of Singapore on December 8, 2014. According to the MoU Singapore Government prepared master plans at three stages viz., 1) Capital Region Concept Master Plan, 2) Capital City Master Plan, and 3) Seed Capital Area Detailed Master Plan. 8. Government of Singapore, during December 2014 had engaged Singapore-based consulting organisations M/s Surbana International Consultants Pte Ltd and M/s Jurong to prepare the master plans. 9. Government of Singapore submitted all the three plans on July 20, 2015 in Rajahmundry. Subsequently, APCRDA engaged M/s Surbana International Consultants Pte Ltd, hereinafter referred to as Surbana, on September 3, 2015, to prepare the detailed master plan also for Amaravati Capital City at a cost of INR 14.8 Cr (inclusive of all taxes). Notification of Master Plan 10. As per section 38 of APCRDA Act, 2014 detailed master plan shall be prepared for the Capital City within 2 years of constitution of the Authority. The same shall be notified under section 39 (1) of the Act inviting objections or suggestions from public for a period of 30 days. As per section 39 (3) of the Act after considering all the objections/ suggestions the Authority may make modifications in such manner as it thinks fit. As per section 39 (6) of the Act the final master plan shall be notified in the official Gazette and plans shall come into force from the date of publication. Draft Notification 11. The draft detailed master plan was submitted by Surbana and the same was notified calling for objections and suggestions in Gazette No 408 dated 26-12-2015. APCRDA conducted Grama Sabhas (village consultative meetings) in all the 29 villages of Capital City area from January 12-21, 2016. The Grama Sabhas were meant to explain and create awareness about the master plan as well as to receive objections and suggestions. All these Gram Sabhas were conducted either by the Commissioner or Additional Commissioner or Joint Collector Guntur along with the planning teams. Objections/ Suggestions 12. A total of 4,740 objections/suggestions were received from various sources such as Grama Sabhas, e-mail communication, post and by hand. All the objections/ suggestions received were carefully evaluated by a technical committee constituted for this purpose. 13. The three major categories of objections/ suggestions related to 1) objections to master plan roads passing through the existing village settlements affecting a total of around 3,578 spreading across 25 villages, 2) demand for demarcating boundaries of village settlement areas within which land pooling will be exempted with the exception of master plan infrastructure requirements, and 3) demand to identify the exact survey numbers where lands will be returned in each village and also to avoid locating such returnable residential/ commercial plots on low lying areas especially in villages of Borupalem, Neerukonda, and Navuluru. Final Notification 70 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 14. Based on the recommendations of the technical committee and the opinion of the public representatives, modifications to the draft Master Plan were made. These included changes to reflect the objections/suggestions referred to in the previous paragraph. The major modifications involved shifting of the arterial or sub-arterial roads so as to minimize the effect on existing village settlements. The detailed master plan was notified in Gazette no:18 dt. 23-02-2016 and published in two newspapers (Eenadu and Times of India) on Final February 24, 2016 as well as in the website of APCRDA as required u/s 39(6) of the Act. Salient features 15. The salient features of the Master Plan are as follows.  Capital City area: 217.23 km2  Settlement Hierarchy (Neighbourhood concept): o Town: City divided into 27 towns, each town being a 2 x 2 km square i.e. about 1,000 acres and about 100,000 population (28,000 households). The minor arterial roads dissect each town into four parts. The arterial roads form the periphery of each town. o Neighbourhood: Each town is divided into four equal parts called neighbourhoods of 1 km x 1 km size (about 250 acres) with about 25,000 population (7,000 households). Primary school, local shopping etc. will be at walkable distance. o Community: Each neighbourhood is divided into four equal parts called communities of ½ km x ½ km size (about 62.5 acres) with about 6,000 population (1,700 households). o Cluster: Each community is further divided into two to four clusters with each cluster representing a close-knit society having its own park and controlled access for vehicles. The size of the cluster varies from 15 acres to 30 acres and the population between 1,500 to 3,000 (300 to 800 families).  Commercial Centres Hierarchy: o The Central Business District (CBD) at the river front houses all important corporate and financial establishments. o Regional Centres: 3 numbers o Town centres: 27 numbers each with a metro station and at the junction of two minor arterial roads. o Neighbourhood centres: about 100 o Community shopping: Within each community for local commercial  Road Hierarchy: o Major arterial roads: 3 numbers with an RoW of 60 m o Arterial roads & Sub-Arterial roads: 275 km with an RoW of 50 m o Collector roads: RoW of 25 m o Internal roads: As per detailed plans under Land Pooling Scheme for each village  Non-motorized traffic, green & blue concepts are given prominence. 71 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  Nine economic theme based cities are part of the city such as Government, Finance, Knowledge, Justice, Health, Sports, Tourism, Media and Electronics. 72 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Section II: LPS policy, process & regulations (i) LPS Policy & Regulatory Frame Work a. The Government has notified the Capital City area vide G.O. Ms. No. 254, MA & UD (M2) Department, dated: 30-12-2014 in exercise of powers u/s 3(3) of the AP CRDA Act, 2014. The Government have constituted AP CRDA as per the provisions contained under Section 4(1) of the AP CRDA Act, 2014 and in exercise of powers under Section 43(5) directed AP CRDA to undertake development schemes as provided in Chapter-IX of the AP CRDA Act, 2014 through voluntary Land Pooling Scheme in the Capital City area. b. As per Section 107of the LA R&R Act, 2013 the State Government may enact any law or policy. Land Pooling Scheme is one such policy. The landowner may opt for such policy as contemplated u/s 108 of the LA R&R Act, 2013. The State Government has formulated Andhra Pradesh Capital City Land Pooling Scheme (Formulation and Implementation) Rules, 2015 and notified vide G.O.Ms.No.1, MA & UD (M2) Department, dated: 01-01-2015. c. With inputs from the cabinet sub-committee, representations from individual farmers, groups of farmers, village elders, learnings and recommendations from workshop held on Land Pooling, on December 7, 2014 the government has announced the Land Pooling Policy consisting of a package designed to take care of long term interests of farmers and other stakeholders. The details of the package are outlined in the subsequent sections. d. On December 30, 2014, the APCRDA Act was enacted and the Land Pooling Scheme (Formulation & Implementation) Rules were notified. The land pooling scheme came into existence from January 1, 2015 and in a span of 60 days, agreements covering an extent of over 30,000 acres were received from over 25,000 farmers which has never been accomplished anywhere in the world. e. On February 26, 2015, taking into consideration, the representations given by the farmers from the Riverfront villages (Jareebu lands) and after multiple discussions with Capital City farmers, the government has enhanced the package for the land pooling scheme. The enhanced scheme would enable the farmers of Jareebu lands to receive 450 sq. yds. of commercial plot instead of an earlier offer of 300 sq. yds. f. On April 25, 2016, the government has announced an additional 50 sq. yds. of land towards compensation to LPS farmers covered under the dryland package. This enhancement was carried out after having consulted the farmers taking into account various representations made by them. 73 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Pictorial representation of returnable plots: (ii) LPS Process Steps for participation a. The Land Pooling Scheme is implemented in a systematic manner. Public consultations or ‘Grama Sabha’ were held in villages to make people aware about the Land Pooling Scheme, Delineation of village boundaries and Capital City Master plan process. Voluntary Development Agreements were signed between Competent Authorities and Landowners coming forward to join the LPS. b. The implementation consists of two parts: - Extending returnable plots and other benefits - Implementation of the development plan and registration of plots with transferable rights. c. LPS Notification: By means of Government Order, Municipal Administration and Urban Development Department appointed local Competent Authorities in the envisaged Capital City Area of 217 sq. km, comprising 25 Revenue Villages, which have been notified for LPS, expressing the Government’s intent to begin the development of the New Capital City. d. Demarcation of Existing Village Sites/ Habitations: Keeping in mind, the concerns of people in the existing v illages and considering the complete resettlement of existing villages would be challenging and difficult, t h e e xisting village s ettlements are exempted from Land Pooling, thus avoiding physical displacement. Public consultations or ‘Grama Sabha’ were held in villages to make people aware about the Capital City Master plan process, Land Pooling Scheme and Delineation of village boundaries. Voluntary 74 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework D e v e l o p m e n t Agreements were s i g n e d between Competent Authorities and L a n d Owners coming forward to join the LPS. e. LPS Consent, Agreement and Plot Options:  Of the 26 LPS units, each LPS unit consists of one Special Deputy Collector and one Tahsildar with supporting staff. The LPS unit staff assists the landowners in preparation of revenue records, maps, and agreements with Authority, concluding the required plot counts.  Declaration of intention to undertake LPS  Declaration of final area for LPS in Form 9.5  Landowner after finalizing objection in Form 9.2 participates in LPS in Form 9.3 and enters agreement of development with APCRDA in Form 9.14 to enable the Authority to proceed further for planning, allotment and development of LPS layouts.  Land owners are given 498 varieties of residential categories, 493 varieties of commercial categories - 991 varieties of category options for selection of the size of the plot required  The plot codes are opted by the land owners in Form 9.18  The Competent Authority checks the options given by the landowner with the revenue records and forwards the data of the required plots and category to the - Estates and Planning departments of CRDA. Ownership information is kept confidential. Size, category of the plot and number of plots to be planned are only shared. f. Mapping: Map x (x represents village name)  Map x shows the tentative location of the allocation of the returnable residential and commercial plots.  Map x is displayed, explained and discussed with the landowners to create more awareness. g. The farmers’/ land owners’ demands on LPS layouts: During the extensive public consultations and awareness sessions held, the farmers/ landowners raised the following demands.  Different parcel of lands in the same village should be given returnable plots together, within the same village or nearby villages.  Choice to choose different sizes of plots.  Larger returnable plots for those contributing Jareebu lands.  Plots should orient to true North.  Bigger plots should be on bigger roads.  No road hits to the residential plots (Vaastu Compliant).  No chamfers to the plots and the plots should be rectangular.  Plot allotment by category wise (size) through lottery.  The farmer should get his entire same category (size) of plots side by side to live with family member together. 75 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework h. LPS Plot allotment policy, Options to farmers:  Accordingly plot allotment policy is approved by the Govt. vide: G.O. M.S.NO:207 Dt 08-08-2016.  As per the farmers’ views/demands returnable plots are proposed within the same village boundary to the extent possible.  Draft LPS layout is prepared taking these inputs from farmers within the framework of the planning principles.  The plot allotment policy brochure in Telugu is made available to the landowners for better information.  A farmer can choose the plots on his own or can join with his family members or friends and can choose joint allotment of plots.  Farmers were also given option to choose some plots on their own and some joining with others.  Farmers can also choose residential plots on their own and can join with other for the commercial plots.  Totally around 5000 options with all combinations are received from farmers.  For the balance area, the farmers can request undivided shares in an earmarked standard plot identified by CRDA or bonds having transferable development rights (TDR Bonds). i. LPS layout preparation  Accordingly, Draft Layouts were prepared and notified for each village in Form 9.20 uploaded in APCRDA website, notified in the district gazette and given 30 days’ time for filing objections/suggestions.  After compiling the received objections/suggestions by the Competent Authority, several consultation meetings were held both at villages and in APCRDA office.  Accordingly, Final LPS Layout was prepared and notified for each village in form 9.22, the final layout maps are displayed at the village panchayat office, uploaded in APCRDA website, notified in the district gazette.  The lottery date was announced after few days and the returnable plots were allotted to the landowners through lottery. j. LPS Lottery process: Lottery is the most important milestone in the entire LPS process, as the farmer will get the returnable residential/ commercial plot allotted through this process. k. LPS Layout Peg Marking  The returnable plots to the landowners are marked on land by using a DGPS machine (Differential Global Positioning System) and pegs are marked on the boundaries.  Digital coordinates are included in the ownership details, making it easy for digital cadaster  Awareness sessions are conducted with respective returnable plot owners, village-wise before proceeding for peg marking. 76 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework l. Allotment, LPOC and Plot Registrations:  As per Section 57(4) of the APCRDA Act 2014, the land pooling ownership certificate (LPOC) shall be the conclusive evidence of the title of the property in respect of the reconstituted plot / land and shall be eligible for transfer of rights of the property in accordance with the provisions of the Registrations Act 1908.  Government of Andhra Pradesh (GoAP) bears all the costs incurred for registration of farmer’s land to CRDA as well as registration of returnable plots to farmers by CRDA.  Government also bears the cost of registration if the allottee registers the plot to his own family member (i.e. spouse or children)  CRDA has opened help desk/ facilitation center in the Sub Registrar’s office to ease the registration process for the farmer/landowner.  Registration documents are prepared by Competent Authorities to reduce the burden on farmers/landowners and fasten the registration process.  Each registration document is provided with the following for clear understanding. o Plot dimensions derived from DGPS measurements. o Cadastral correlation for enabling encumbrances verification (EC) o Site plan, Block plan, Colony plan explaining physical features m. Infrastructure in LPS layouts: The Government has prepared plans to develop world-class infrastructure for the Land Pooling Scheme layouts, the detailed designs of which have been finalized. Developing LPS infra is a commitment as part of LPS process under the Act. n. Set-aside of land for public spaces and other public priority uses: Lands pooled under LPS will include: a set-aside of up to 50% of the area pooled towards affordable housing, amenities and facilities to be maintainable by Authority. Balance of land after allotment of developed plots to landowners vests in the Authority. o. The detailed forms for the land pooling process and the development scheme process Government Orders are made available as separate Attachment 1. 77 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 16. The land pooling process duly follows rules prescribed in Land Pooling Scheme (Formulation & Implementation) Rules notified on 30th December 2014. The process, rules, and forms employed are provided below: Item Rule Form No. Notifications of declaration of intention to undertake “Land Pooling 6(2) 9.1 Scheme” (Publication in GP/ Locality / News Final Papers / Gazette / Website) Conduct of stakeholders’ consultations to explain the details of Land Pooling Scheme. Inviting objections and suggestions / enquiry and publication of 6(2)(i) 9.2 final area for Land Pooling Scheme. Disposal of Objections and Suggestions with the approval of 7(1) 9.4 Commissioner / Appellate Authority. Notification of finalized area for preparation of Development 7(2) 9.5 Scheme (Publication in GP/ Locality / News Papers / Gazette / Website). Inviting participation of landowners in proposed LPS by receiving 6(2)(ii) 9.3 irrevocable consent applications. Official Receipt of application with documents 8(2) 9.7 Individual Notices of enquiry and production of records for 8(1) 9.6 verification of ownership Publication of list of claims of landowners after verification inviting 8(3) 9.8 objections if any Verification to be caused by District Collector for certain categories 8(4) 9.9 of lands like Assignments / Classification of lands Orders confirming Landownership by Competent Authority 8(5) 9.10 Any person may contest the decision in competent Civil Court Section 50 APCRDA Act,2014 Development Agreement cum Irrevocable General Power of 8(8) 9.14 Attorney between landowner and AP CRDA Development Scheme Process Item Rule Form No. Conduct of Survey 9(2)(e) 9.15, 9.16 Certification of area statement / final base map and preparation of 9(3) 9.17 list of landowners. Application for Joint allotment of final plots 9(6)(i) 9.18 Statement of consultations made u/s 56 read with section 44 9(7) 9.19 Notification of Draft Land Pooling Development Scheme calling for 10(1) 9.20 objections and suggestions within 30 days (Publication in GP/ Locality / News Papers / Gazette / Website) Form of Objections / Suggestions 10(2) 9.21 Notification of Final Land Pooling Development Scheme (Publication 10(4) 9.22 in GP/ Locality / News Papers / Gazette / Website) Taking procession of land from landowners 10(4) 9.23 Conduct of lottery Giving Provisional Allotment 78 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Certificate on the Spot Land Pooling Ownership Certificate with transferrable rights 11(4) 9.24 Details of LPOCs and land contributed by Landowners for 11(6) 9.25 availability on website Registration of LPOC 11(4) Handing over of physical possession of reconstituted plots 12(4) 9.28 Publication of reconstituted plots after carrying out mutations in land 13(2) 9.30 records. NB:- All the Land Pooling Scheme is being implemented in Online System. (iii) Process steps for returnable plots allocation 1. Plot Allotment Strategy a. The landowners may opt as per their eligibility different sizes of standard plots. The landowner as per their entitlement may opt largest size plot or different standard sizes of residential / commercial plots. For the balance area they may opt for joint share in a standard plot with other landowners or undivided share in the earmarked plots by CRDA or bonds having transferrable development rights (TDR Bonds). The Plot holders who have the undivided share in a standard plot can request the CRDA by giving a written consent of the undivided shareholders to conduct public auction by fixing upset price and the realized amount shall be paid to the owners on pro rata basis duly accounting for taxes and charges. b. The landowner along with his family members or friends may request for joint allotment of different sizes of plots. For the balance area they may request undivided shares in an earmarked standard plot identified by CRDA or bonds having transferrable development rights (TDR Bonds). The Plot holders who have the undivided share in a standard plot can request the CRDA by giving a written consent of the undivided shareholders to conduct public auction by fixing upset price and the realized amount shall be paid to the owners on pro rata basis duly accounting for taxes and charges. c. The plot allotments pertaining to the lands in a revenue village shall be within the same revenue village boundary only. The landowner who is having different parcels of lands in different revenue villages, the plots would be allotted in the respective revenue villages only. d. The allotment of plots would be category wise and by lottery system. The lottery will be conducted taking the revenue village as a unit but not LPS unit offices. e. The undivided shares in a standard plot size cannot be divided. The undivided shares can be sold as undivided shares only. f. The plots / undivided shares allotted for Jareebu category of lands as per the eligibility can be requested only in Jareebu lands. The returnable plots in dry category will not be allotted in Jareebu lands as plots / undivided shares. g. If any application [9.18 (A) / (B)] is not filed, the eligible big standard size plot will be allotted and undivided share will be allotted for the balance area. 79 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework h. The beneficiary will not have the option to select his location of returnable plot even within the same revenue village. It will be allotted purely based on the lottery outcome. i. Totally around 5,000 options with all combinations are received from farmers. Land owners are given- • 498 varieties of residential categories, • 493 varieties of commercial categories • Total of 991 varieties of category options for selection of the size of the plot required. 2. Lottery Process a. To make the process of distribution of developed plots completely transparent and unbiased, Govt. decided to adopt dynamic allocation of plot through a lottery system. To meet this objective, AP Online (a joint venture company between TCS and Govt of AP) developed an online solution of dynamic allocation of plots. b. Process of Lottery: Just before the commencement of lottery, the Farmer’s Master (list of farmers) and Plot Master (list of plots) is given to APOnline. APOnline ports the masters into the database maintained for lottery system. c. Data Validation: The online system designed for lottery validates the matching of number of farmers vs number of plots mentioned in the masters provided by APCRDA. In case of any difference, it is informed either to Planning Department or Competent Authority depending upon whether the difference is in the number of plots or in list of farmers. d. Marking of Single Opted Plot and Multiple (1 opted, 2opted, 3 opted, ...): After Data validation, Data will be arranged in ascending order of Plot Sub category, Township, Sector, Colony, Block, and Plot Number. Once the masters are ready, online system prepares list of Sub Category Farmers. Next it identifies the minimum number of plots opted by a single farmer under that sub category. Then it marks the same number of plots opted by a single farmer side by side to the extent possible. For example, if for H5 sub category of commercial, total 30 farmers have shown interest and one farmer has opted 4 such plots while others have shown interest for less than 4 plots. Online system will first mark 1 H5 plot and then followed by sequence of opted plots (1, 2, 3…). After identification of these plots lottery starts. e. During lottery, system will pick the first set of Minimum number of opted plot under each sub category (A1 – 1). Then it will pick the list of farmers who have opted for same category (A1 – 1) of plots and allocates. Whosoever allocates the plot is removed from the lottery. The same process repeats till all the identified sets are allocated to farmers opting for such set (A1 – 1). Note: (A1 – 1) means A1 is subcategory and 1plot opted by farmers. (A1 – 2) means A1 is subcategory and 2plots opted by farmers. f. Next, the same process is repeated for next number of plots opted together for each sub category. This whole process of allocation of plots may be conducted as Trial Run or Final Run as per the majority choice. There should be at least one trial run before a final run. At each run a list of allotments is created which is displayed in APCRDA website after completion of allotment process during the lottery. The allotment is made based on the list generated after the Final run. No allotment is allowed after final run. 80 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework g. A provisional certificate containing a QR code is immediately issued to each allocated based on the outcome of final run. Example in A1 Sub Category (For Example, In A1 Subcategory if there are 70 farmers in which 50 farmers had opted for single plots, 20 farmers opted for 2 plots in the same sub- category i.e. A1. h. The lottery process starts as the application picks the single marked plot and selects a random farmer who opted for single plot and allocates that plot and the allocated farmer will be removed from the loop, like this application allocates all the 50 farmers who opted for single plots. Then the loop continues for two marked plots and application picks the two marked plots and selects a random farmer who opted for two plots and allocates that plot and the farmer then will be removed from the loop. Thus, all the 20 farmers will be allocated.) i. Technical Process used in Lottery: “New ID” Concept of SQL Server Data Base software is used to pick a farmer from the list, which creates a unique row number of each run. j. Security Features Implemented: QR Code (With parameters like Allocated plot code, Aadhaar Number, farmer name, village). The final list of allocation is digitally signed through a 64Bit Secured Encryption Key (Digital Key). k. Additional Functionality Used, immediately after final allotment, a SMS with the details of individual allotment is sent to each farmer and a List of final allocation is immediately uploaded on APCRDA website. l. The respective villagers are notified about the lottery date, venue and the time of lottery to all the villagers participated in the LPS thru SMS, Local Dhandora and other means. m. The public representatives are invited to conduct and witness the lottery and the entire lottery process is video recorded. n. In case of those who have given Jareebu lands (multi cropped areas), larger returnable plots were given back to the LPS farmers. The lottery is drawn within among different categories so that all stand equal chance of receiving favorable plots. o. The following committee has been constituted to conduct the lottery in transparent process: Joint Collector – Guntur Chairman, Director Lands, Director IT, Director Planning, Competent authority (members from CRDA). p. As of July 15, 2018, a total of 63,329 plots which include 36,794 residential plots and 25,535 commercial plots have been allotted to for all the farmers who have joined LPS in 22 out of 25 villages, amounting to 20,484 farmers. Further details of the returnable plot allotment are available in project files. 81 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Section III: Consultations (i) Process of consultations, grievances, objections and suggestions 17. A strong consultations, grievances, objections and suggestions process was put in place to ensure that the LPS farmers are continuously attended to for resolving various issues around LPS. Over 17,000 objections on 9.2 of LPS were received from farmers out of which 7,859 were resolved by the Competent Authority, i.e., the Commissioner, APCRDA and 9,237 objections were rejected on merits. On these rejections, 1052 appeals have been received which are under process by a team comprising of village committee, Competent Authority for resolution. An abstract of village-wise objections received is accessible in the project files. This data is not segregated for people affected by project foot print as the project foot print was determined subsequently after Bank involvement. STATEMENT SHOWING THE 9.2 OBJECTIONS RECEIVED, DISPOSED AND APPEALS RECEIVED Total 9.2 As per 9.2 Objections Total Original Objections Commissioner's Rejected by Appeals Unit Received in All Unit No & Name orders issued Commissioner Received No Phases No of Extent No of Extent No of Extent No of Extent cases covered cases covered cases covered cases covered 1 2 3 4 5 6 7 8 9 10 1 Krishnayapalem 218 59.320 192 38.895 26 20.425 29 10.770 2 Nowluru – 1 1756 770.636 1036 761.906 720 8.730 127 17.438 3 Nowluru – 2 1324 464.640 1171 425.700 153 38.940 71 24.950 4 Kuragallu – 1 307 352.640 33 46.380 274 306.260 58 15.580 5 Kuragallu – 2 195 140.410 133 20.670 62 119.740 1 1.000 6 Nidamarru – 1 512 51.310 423 24.350 89 26.960 9 4.410 7 Nidamarru – 2 413 31.110 308 25.130 105 5.980 8 3.960 8 Undavalli 6805 1282.760 2505 180.950 4300 1101.810 151 25.092 9 Penumaka 1253 888.762 384 153.317 869 735.445 15 1.558 10 Tadepalli 0 0.000 0 0.000 0 0.000 0 0.000 11 Borupalem 57 10.125 52 8.110 5 2.015 4 1.930 11 Abbarajupalem 34 4.310 23 3.010 11 1.300 0 0.000 12 Dondapadu 91 55.160 58 44.463 33 10.697 41 18.446 12 Pitchukalapalem 27 8.061 0 0.000 27 8.061 7 0.721 13 Inavolu 148 9.038 115 7.065 33 1.973 74 11.698 14 Rayapudi – 1 374 396.590 114 22.020 260 374.570 14 8.860 15 Rayapudi – 2 178 117.900 102 7.960 76 109.940 12 11.310 15 Kondamarajupalem 35 81.830 0 0.000 35 81.830 1 1.710 16 Lingayapalem 134 162.330 28 3.250 106 159.080 20 5.760 Uddandarayunipale 16 106 88.550 32 3.570 74 84.980 11 6.470 m 16 Malkapuram 106 41.405 14 1.220 92 40.185 106 15.700 17 Nekkallu 222 146.324 51 4.960 171 141.364 57 45.670 18 Nelapadu 257 104.675 167 31.480 90 73.195 11 1.520 19 Sakamuru 338 58.128 201 11.443 137 46.685 9 6.390 20 Thulluru – 1 420 183.130 238 49.262 182 133.868 56 25.830 82 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 21 Thulluru – 2 15 40.380 0 0.000 15 40.380 1 1.000 22 Velagapudi 257 187.235 137 51.530 120 135.705 63 20.456 23 Venkatapalem 204 286.160 117 61.610 87 224.550 45 42.900 24 Mandadam – 1 194 344.670 61 36.950 133 307.720 47 56.770 25 Mandadam – 2 943 32.120 17 14.595 926 17.525 2 7.250 26 Ananthavaram 173 112.160 147 79.530 26 32.630 2 1.110 17,096 6,511.87 7,859 2,119.33 9,237 4,392.54 1,052 396.26 (ii) Formulation of Land Pooling Scheme, Entitlement Matrix – Enhancement of benefits based on Consultations and Census Survey Decision on Land Pooling Scheme and consultations with farmers 18. Pursuant to identification of the location of the Capital City area, the government announced in its address to the state legislature in the first week of September 2014, that the government is deeply committed to ensuring that the process of building the new capital involves the participation of people. And in this context the Cabinet has suggested the use of Land Pooling Schemes to consolidate the land required for the capital. The land pooling scheme will create a win-win situation for the landholders, citizens and government, and as a result the new Capital City of the state of Andhra Pradesh can proudly call itself a people’s capital. 19. It is proposed by the government that the modalities of land pooling system would be worked out by a cabinet sub-committee consisting of 4 Ministers after undertaking extensive visits to the villages of the proposed Capital City area and conducting consultations with the farmers. Accordingly, the cabinet sub-committee extensively toured the villages and interacted with farmers, farmer representative groups, village elders and sought their inputs for devising the land pooling policy with majority acceptance. 83 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework (iii) Workshop on Alternative approaches to land procurement and value capture for the Capital City of Andhra Pradesh at ASCI 20. On September 27, 2014, a workshop which was attended by over 30 senior officials across the country, was organized on “Alternative approaches to Land Procurement and Value Capture for the Capital City of Andhra Pradesh” at ASCI, Hyderabad with a view to discussing and sharing relevant approaches and good practices from Indian cities on land pooling to draw lessons for devising the land pooling scheme for the proposed new Capital City of Andhra Pradesh at Vijayawada. The experiences pertaining to town planning schemes in Gujarat, land procurement in Chhattisgarh for its new Capital City, land pooling scheme of Greater Mohali Area Development Authority, land pooling experiences of Mumbai and MMRDA were extensively deliberated. This was followed by detailed discussions on fast tracking land procurement for the new Capital City with a focus on land pooling scheme. (iv) Announcement of Land Pooling Package and Enactment of Rules 21. With inputs from the cabinet sub-committee, representations from individual farmers, groups of farmers, village elders, learnings and recommendations from the above referred workshop, on December 7, 2014 the government has announced the Land Pooling Policy consisting of a package which will take care of long term interests of farmers and other stakeholders. 22. On 30th December 2014, the APCRDA Act was enacted and the Land Pooling Scheme (Formulation & Implementation) Rules were notified. The land pooling scheme came into existence from January 01, 2015 and in a span of 60 days, agreements covering an 84 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework extent of over 30000 acres were received from over 25000 farmers which has never been accomplished anywhere in the world. Final (v) Census survey in Capital City area and design changes to the LPS package based on survey outcomes: Census Survey: 23. A Census survey was conducted across the Capital City residents for landowners, landless workers and other categories during February to March 2015 with a view to establish baseline socio-economic conditions as well as consider making design changes to the LPS package duly taking into account the survey outcomes with respect to landownership, income levels, skilling, debt conditions. 24. The survey was conducted by well qualified and trained field officers/investigators of District Rural Development Agency (DRDA) on behalf of APCRDA in all 29 villages of Capital City covered in three mandals viz., Mangalgiri, Thulluru & Tadepalli. A unique ID was generated for each household in the Capital City. The survey was conducted employing GIS enabled Tablets. A total of 36 parameters were covered under this survey which include – Name, Gender, Religion, age, marital status, head of the household, ownership of vehicles, Aadhaar number, social category, house status, Education level, Bank details, occupation, existing skills and skills training requirements, income, land ownership, Ration card details, size of household, Type of household, Type of house, job cards, etc. 25. Highlights of household survey are total 37,682 households surveyed with total population of 103874 of which 51% male population and 49% female population. 91% of the households are Hindus, 7 % are Muslims, 1.5% are Christians and remaining are other religions. 35% are in the age group of 26-44 years 22% are in the age group of 45-65 years. Literacy rate of Capital City 65%. 26. Inputs from Household survey that led to design changes in LPS package:  60.3% of population fall under the category of income less than INR 30000 per month, the highest being in Sakhamuru with 98% and the least in Undavalli with 26.3%. Around 3.3% of population is earning an income of more than INR 1.00 lakh per month.  To arrive at the resident landownership details, details of 9.14 agreement are mapped with the household survey data. This resulted in a resident landownership number of 9,902 landowners out of 27,228 as per 9.14 agreement (unique count) and are owning 14,683 acres. 85 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  61% of the resident landowners possess dry lands corresponding to 63% of total land extent with an average landholding size of 0.65 acres. 37% of the resident landowners hold Jareebu lands corresponding to 31% of the total extent with an average landholding size of 0.81 acres.  The income details indicate that 64% of dry landowners have incomes less than INR 30,000 (39% of total extent) corresponding to the land extent of 48% of dryland with an average landholding of 1.15 acres. 36% of dry landowners have incomes more than INR 30,000 corresponding to 52% of dryland with an average landholding of 2.23 acres. 59% of 37% Jareebu landowners have incomes less than INR 30000 corresponding to landholding size of 0.99 acres with an extent of 48%. 41% of Jareebu landowners with 52% of extent have incomes more than INR 30000 with an average landholding of 1.60 acres.  Out of 9,902 (N) resident landowners 85% are patta22 landowners corresponding to 89% of the area while 13% are assignees holding 7% of land. 2% have both assigned and patta lands. This indicates that entitlement benefits shall be extended to assigned category as well to account for overall coverage of affected population.  Further analysis of income details indicates that 60% of patta landowners have incomes less than INR 30,000 corresponding to patta landholding of 46% corresponding to landholding size of 0.47 acres. 71% of assignees have incomes less than INR 30,000 and own 61% of assigned lands with average landholding size of 0.69 acres.40% of patta landowners have incomes more than INR 30,000 corresponding to patta landholding of 54% and average landholding of 2.13 acres. 29% of assignees have incomes more than INR 30,000 and own 39% of assigned lands with average landholding size of 0.93 acres. 27. The inputs from household survey have been utilized for: (i) revising the entitlement matrix; (ii) design skill development interventions; and (iii) design of extension of other social development benefits. Even when the survey was underway i.e., during January to March 2015, the initial inputs indicated that the income level details of certain villages viz., Bethapudi, Nowluru, Yerrabalem, Penumaka and Undavalli suggested that these villages should be treated as semi-urban to which Jareebu entitlement benefits are extended. This benefit was extended vide G.O. Ms. No. 59, Dt.20-03-2015, is a significant development resulting from the outcomes of the census survey and consultations carried out. 28. Some of the lands in the city fall under the category of assigned lands, which are government lands. The assignees have occupational rights over the lands for a certain period. The LPS package has been extended to various categories of assignees and encroachers in government lands. This is covered as part of the LPS entitlement matrix (see annexure 2). (vi) Enhancement of Package for Jareebu Lands 29. Jareebu – all the lands all along the Krishna River are having alluvial soils and because of the river course and water availability in Prakasam Barrage these lands will have 22 patta is land title 86 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework underground water table up to 50 m. because of percolation and thereby they are more potential to raise additional crops than drylands though there are no irrigation projects as such in the area. As these lands and the lands nearer to urban areas are more valuable than dry lands enhanced package was extended to these kinds of lands covered by Jareebu / semi-urban, duly taking into consideration, the outcomes from the census survey, the representations given by the farmers from the Riverfront villages ( Jareebu lands) and after multiple consultations with Capital City farmers, the government has enhanced the package for the land pooling scheme vide the above referred G.O.Ms.No.43, dt.09-03-2015. The enhanced scheme would enable the farmers of Jareebu lands to receive 450 sq. yds. of commercial plot instead of an earlier offer of 300 sq. yds. In addition, the one-time payment for gardens is enhanced from 50,000 to INR 100,000. (vii) Enhancement of Package for Dry Lands 30. On April 25, 2016, the government has announced an additional 50 sq. yds. of land towards compensation to LPS farmers covered under the dryland package. This enhancement was carried out after having consulted the farmers taking into account various representations made by them. 31. Further granular details including detailed village-wise statistics of census survey are presented below:  The total population of the Capital City villages is 103,873 population, the highest population is recorded in Nowluru (11,488) while the lowest is in Abbarajupalem (659).  On an average 83% of this population possess ration card with 94% possession of ration cards in Inavolu and the least being 62% in Undavalli; 90% possess Aadhaar cards, the highest being in Nelapadu and the least in Uddandarayunipalem; 99% do possess bank accounts with 89% in Nidamarru being the least percentage.  Among this population 90.68% are Hindus by religion while 7.23% are Muslims, 1.52% are Christians, 0.22% are Minorities. Looking at the social category 30% of the population belong to Backward Caste, 32.2% belong to Scheduled Caste, 4.7% belong to Scheduled Tribe and the General Category / OC constitute 29.6%.  84.4% of the population own houses in the Capital City with highest ownership in Bethapudi and 13.5% stay in rental accommodation.  Around 50% reside in Pucca houses while 27.7% stay in semi-pucca houses.  The ratio of females to males 50.7%:49.2%. The age classification of the population indicates that 36.2% are in the age-group of 26-45 while 18.6% are below 15 years.  55.4% are married in the Capital City while 0.8% is the divorced population.  7% among the population are graduates. 3.2% of the population are post graduates.  The household size is 4 members which forms 31.7% of the population while 24.9% forms the household size as 2 members. 87 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Section IV: Entitlements under LPS 32. The land pooling mechanism is mainly adopted for development of the Capital City area wherein the land parcels owned by individuals or group of owners are legally consolidated by transfer of ownership rights to the Authority, which later transfers the ownership of a part of land back to the landowners for undertaking development of such areas. The Land Pooling Scheme is an option and people can join voluntarily as, if the landowner prefers compensation / R&R benefits under LAR&R Act, they are at liberty to opt for Land acquisition. As such there is no physical displacement arising out of land pooling scheme as the lands are outside habitation areas and are mainly utilized for agriculture. Extensive consultations were held to finalize the Land Pooling Scheme and the scheme benefits have been modified on three different occasions benefitting the landowners, based on consultations. The Government of India has also extended tax benefit by way of exemption from Capital Gains Tax for the first sale of land. The land pooling scheme duly considered type of lands (dry, Jareebu), ownership status (patta lands, assigned lands, eligible occupants in resumed POT lands, encroachments, etc.) use of the land (agriculture/ gardens) as outlined in the entitlement matrix below. 88 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Entitlement Matrix for Land Pooling Scheme Land Categories Category (in Sq. Yards) / Acre Dry lands Jareebu lands/Semi-urban Residential Commercial Residential Commercial A) Private lands 1,000 250 1,000 450 B) Assigned lands Ex-Serviceman / Political Sufferer 1,000 250 1,000 450 Assignments before June 18, 1954 1,000 250 1,000 450 Assignments After June 18, - 1954 800 100 800 200 Resumed lands – eligible Sivoijamadar occupation ** 500 50 500 100 Un-Objection able Gouvernement lands – Eligible Sivoijamadar ** 500 50 500 100 Objectionnable Govt. Lands – Eligible Sivoijamadar ** 250 0 250 0 C) Yearly payment of annuity INR 50,000/acre to all land owners losing land* INR. 30,000/acre D) Yearly increase INR 3,000/acre INR 5,000/acre E) One-time additional payment for gardens (INR) 100,000 (d) Agricultural labourer/ INR 2,500 /per month/10 years Agricultural Tenants (residing in LPS villages as on December 08, 2014) *In case of those losing less than one acre of land will receive the annuity equivalent to one acre. ** These three categories of people are paid monthly pensions instead of annuity 33. Other Benefits. In addition to above entitlements, the farmers who have joined or those registered for pensions can access to the following additional benefits. a) Loan Waiver: One-time agricultural loan waiver of up to INR 150,000 is available to all farmers who have outstanding agricultural loans. b) Loans for self-employment: Interest free loan of up to INR 25, 00,000 is available to all poor families for setting up any self-employment avengers (below INR 60,000 and 75,000 annual income in rural or urban areas respectively). c) Education and Health: Free education and health facilities are available to all those residing as on December 8, 2014. d) Old age homes will be established to take care of aged of above 65 years; e) Subsidized canteens: To provide food at very subsidized rates. f) Wage Employment. Farmers under LPS are eligible for up to 365 days a year per family under MGNREGA, compared with the normal limit of 100 working days per year. g) Establishment of skill development institution to provide training with stipend to enhance the skills of cultivating tenants, agricultural laborers and other needy persons. 34. The following additional details with regard to the aforesaid entitlement matrix may be 89 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework noted:  All dry landowners are entitled to developed returnable plots of 1,000 sq. yd. Residential and 250 sq. yd. Commercial Plot in lieu of compensation and annual payment of INR 30,000 per acres with an annual increase of INR 3,000 for a period of 10 years in lieu of subsistence allowance  All Jareebu/ semi-urban landowners are entitled to developed returnable plots of 1,000 sq. yd. Residential and 450 sq. yd. Commercial Plot in lieu of compensation and annual payment of INR 50,000 per acres with an annual increase of INR 5,000 for a period of 10 years in lieu of subsistence allowance  In case of those losing less than one acre of dry/ Jareebu/ semi-urban land will receive annual payment equivalent to one acre i.e., 30,000/ 50,000 with annual increase.  Returnable plots/ annual payment would be made to the religious/Wakf institutions under Land Pooling scheme treating the lands as Private Lands in case of lands belonging to Endowment/ Wakf departments.  All the assigned lands which are having transferrable rights would be resumed for public purpose and patta package equal to dry/Jareebu/semi-urban would be extended to all the eligible assignees.  All the assigned lands which are not having transferrable rights would be resumed for public purpose and assignment package of 800 sq. yd. residential, 100 sq. yd. commercial for dry and 800 sq. yd. residential, 200 sq. yd. commercial for Jareebu/semi-urban would be extended to all the eligible assignees in lieu of payment of ex gratia.  All the landless poor persons who purchased assigned lands without authorization will be treated as encroachers and would be extended with 500 sq. yd. residential, 50 sq. yd. commercial for dry lands and 500 sq. yd. residential, 100 sq. yd. commercial for Jareebu/semi-urban in lieu of ex gratia and no annual payment will be made as it is a violation under Act 9/77.  All the landless poor persons who purchased/ occupied un-objectionable Govt. lands without authorization will be treated as encroachers and would be extended with 500 sq. yd. residential, 50 sq. yd. commercial for dry lands and 500 sq. yd. residential, 100 sq. yd. commercial for Jareebu/semi-urban in lieu of ex gratia along with annual payment.  All the landless poor persons who purchased / occupied objectionable Govt. lands without authorization will be treated as encroachers and would be extended with 250 sq. yd. residential, 0 sq. yd. commercial for dry lands and 250 sq. yd. residential, 0 sq. yd. commercial for Jareebu/semi-urban in lieu of ex gratia and no annual payment will be made as the lands are prohibited for assignment instead pensions will be provided to these people for 10 years.  The annual payment of INR 30,000/ 50,000 is the minimum net agricultural loss estimated by the landowners during consultations. The average yield multiplied by minimum support price deducting the expenditure, the net agricultural loss for groundnut / paddy are indicative in arriving at annual payment.  One-time additional payment of INR 1 lakh for gardens like lime, sapota / guava / amla and jasmine is the average estimated loss as expressed by the landowners during consultations.  All the landless families residing as on December 8, 2014 will be extended, pension of INR 2,500 /- per month for a period of 10 years as a measure of livelihood support 90 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework during the estimated interregnum period converting from agriculture labour to non- agriculture labour receiving necessary skill development trainings.  Onetime agricultural loan waiver of INR 150,000/-, loans for self-employment, free education /free medical facilities, old age homes subsidized canteens, wage employment under MGNREGA, skill development trainings are part of resettlement.  All project displaced families include families residing in the houses and also includes affected families without homestead land residing in the project area would be rehabilitated in the resettlement colony.  As all the landless families residing in the project area are treated as project affected families, all the artisans / small traders/ tenants / irrespective of legal status / agricultural labour / labour / destitute viz., old age / widows / women divorcee / women deserted by families are treated as affected families.  It is estimated that the value of the developed residential / commercial plots with Capital City infrastructure along with other social benefits under Land Pooling Scheme are estimated more valuable than the compensation / R&R entitlements under LA R&R Act, 2013. 91 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Section V: Profile / Restoration of incomes for landless-agricultural laborers Landless agricultural labor income: pre- and post- announcement of Capital City23 35. Baseline data on income of landless laborers (pre- and post-Capital City announcement) collected by several sources were reviewed and differ substantially across Final sources. This variability is not surprising given the different dates for data collection, as well as the different methodologies, including sample size, geographical coverage, etc. The data from each of these varying sources can be summarized as follows: i. Empirical evidence on incomes received by landless laborers at the time of the Capital City announcement and the subsequent loss of employment for landless agricultural laborers, was available from several sources, of which the most detailed is based on a survey conducted by APCRDA in March 2015 and analyzed as part of an assessment by Vasavya Mahila Mandali (VMM) 24. This report states that incomes from agricultural labor before the LPS was launched were low and irregular for the 19,140 laborers registered as such in 2015. The baseline survey showed that 63.2 percent of agricultural laborers earned INR 2,500 ($37) per worker per month or less and a further 35.5 percent earned between INR 2,501-5,000 ($37-75) per worker per month with an average of INR 2,347 ($35) (implying a monthly household income of INR 4,694 assuming two working members). Only 1.2 percent had per personal incomes of more than INR5,000 per worker per month. ii. A subsequent independent assessment by the Administrative Staff College of India (ASCI) reported25 that “after the implementation of the land pooling scheme in the capital region of Amaravati, the living standards of the landless families have deteriorated. About 65 percent of the landless families are worse off than before, 21% are better off than before, and 14 percent have stated that their situation has remained unchanged”. It also found that many landless families included in the study had not received loans for self-employment, canteen benefits, education fees reimbursement or livelihood training. The report also noted that women who were heads of household had lost, or feared they would lose, employment opportunities due to the LPS. It reported project documents as estimating average household income for landless laborers as INR8,476 ($127) per person per month, based on a survey of 193 individuals out of all the landless laborers living in the affected villages in March 2017. iii. During Focus Group Discussions organized by APCRDA with landless laborers, it was reported26 that average monthly household incomes for landless laborers differed considerably from the data collected by the APCRDA March 2015 survey. A range of INR 300-400 a day was quoted for men and INR120-160 a day for women. Assuming a six-day week on average throughout the year, this would provide a 23 Payne, G. (2018), Assessment of Land Assembly Instruments and their Implementation 24 Vasavya Mahila Mandali (2018) ‘Assessment on Agricultural L aborers and Implementation of Benefits in Amaravati Capital City Villages’ 25ASCI ‘Report on Independent Evaluation of Land Pooling Scheme in the Capital City ‘Amaravati’ – implemented by Andhra Pradesh Capital Region Development Authority’, Administrative Staff College of India, Hyderabad (2017). 26 ASCCDP (2017) ‘Final Draft Resettlement Policy Framework’ December, page 39. 92 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework monthly income for men of between INR7,200 - 9,600 ($107-143) and for women farm laborers of between INR2,880 – 3,840 ($43-57) per person per month. In cases where both men and women in a household work a full six-day week, this would result in an average monthly income of between INR10,080 – 13,440 ($150-201) per household per month. iv. In January 2018, VMM carried out focus group discussions (FGD) over a period of one month to gather data on income levels of agricultural laborer household incomes and to document trends towards restoration of incomes to pre-LPS stage. FGDs were carried out in 25 villages, and data were collected from 383 landless agriculture laborers. Average monthly household income levels were estimated at INR9,636 – this includes average monthly income of one man and one woman, and also includes a monthly INR2,500 pension from APCRDA. FGDs further indicated that men are getting an average of 15 days of work and women are getting an average of 8 days of work per month. The INR 9,636 average monthly household estimated in 2018 is income is higher than the average INR 8,476 a month per household estimated in 2017. This evidence was explained as largely due to the fact that 15 to 20 per cent of men have moved to alternative livelihoods like driving, construction labor, vendors, mobile eateries etc. A summary of the available baseline data is presented in the following table27: Table A.2.1 – Summary of baseline income data of landless laborer households Average monthly income from sources pre- and Income (INR) post-LPS 1. Household survey conducted by APCRDA Income range per % landless pre LPS (2015) – 19.140 registered laborers person (INR) laborers Less than 2,500 63.2 2,501 to 5,000 35.5 5,001 to 7,500 0.9 7,501 to 10,000 0.3 Average per INR 2,347 worker Average per HH INR 4,694 2. Monthly family income post-LPS (ASCI INR 8,476 report, 2017, N= 193) – 20,529 registered laborers 3. Average monthly household income post- Monthly income (INR) LPS (APCRDA data from focus groups in 2017) Men 300 to 400 daily 7,200 to 9,600 monthly Women 150 to 200 daily 2,880 to 3,840 93 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Average monthly income from sources pre- and Income (INR) post-LPS monthly HH 10,080 to (Man+woman) 13,440 4. Average monthly household income post- INR 9,636 LPS (VMM livelihood study, January 2018, N=383 from 25 villages) 36. Given the substantial variability in available baseline data, it is not possible to provide precise estimates of baseline income levels of landless agricultural laborers pre- and post- Capital City announcement across the capital city region. However, a review of all available data suggests that the average income level of landless households pre- Capital City announcement was roughly INR 5,000 per household per month (INR 4,694). Post- Capital City announcement, average incomes for landless laborers range from INR 8,500 to INR 13,500 per household per month, with data from the most recent VMM survey (2018) suggesting an average income level of approximately INR 10,000 per household per month (INR 9,636). 37. There is a trend towards feminization of agrarian labor in the Capital City area as men shift to better occupations27. Estimates suggest that women constitute more than 70% of agricultural worker population, noting that the range of household monthly incomes from agricultural labor are significantly less than the maximum rates estimated above. It also suggests that women headed households are particularly vulnerable. 38. Landless laborers are, for the most part, not physically displaced or relocated from their homes, except in a few cases where physical relocation might be involved for certain infrastructure components (such as roads). In those cases, they would be eligible for the negotiated settlements policy. However, all agricultural laborers in the affected villages, apart from those working for a minority of landowners who are still holding on to their land and who continue to farm it, have lost their incomes. 39. Livelihood restoration benefits have been designed as a package of options, including a pension for 10 years, employment guarantee benefits (under MNREGA), skill development and training, and others described in earlier sections. By design, the pension is meant to be combined with the other options in the benefits package, as summarized in Table A.2.2: Table A.2.2: Estimated Monthly Income of a Laborer Family Category of benefit No. of days of work allowed under MNREGA program 197 No. of days of work allowed under MNREGA program 365 for Amaravati - As per Gazette no. 597 dated 28.02.2017 Annual earnings from MNREGA @25 days a month 59,100 27Vasavya Mahila Mandali (2018, January) ‘Assessment on Agricultural Laborers and Implementation of Benefits in Amaravati Capital City Villages’. 94 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework (INR) Monthly Earning per member (INR) 4,925 Family earning under for two family members working, 9,850 assuming same pay for men and women (INR) APCRDA monthly pension per household (INR) 2,500 Estimated Family Monthly Income (INR) 12,350 (Source: Draft Agricultural Labor in Amaravati Study Report (January 2018, VMM) 40. If accessed as designed, the combined measures put in place by APCRDA, viz. the monthly household pension and expanded MNREGA program, would result in an estimated household monthly income of INR12,350. This level of earnings is higher than pre-Capital City announcement levels and comparable to current, post-Capital City announcement levels. 41. Based on findings that the livelihood of landless laborer households may have worsened after the announcement of the Capital City, and the fact that livelihood restoration measures put in place by APCRDA may not be fully covering all landless households, APCRDA has put in place additional measures to target vulnerable landless families. Those measures have been described in Chapter 4 of this RPF. 95 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Attachment 1: List of Relevant LPS GOs These GOs can be accessed online at www.aponline.gov.in Sl. G.O. No. Subject Issued by Date of No Department issue of G.O. 1 G.O.Ms. No.1 Municipal Administration & Urban Municipal 01.01.2015 Development Department – The Administration & Andhra Pradesh Capital City Land Urban Development Pooling Scheme (Formulation and (M2) Department Implementation) Rules, 2015 - Notification – Issued. 2 G.O.Ms. No. 43 Municipal Administration & Urban Municipal 09.03.2015 Development Department – The Administration & Andhra Pradesh Urban Development Capital City Land Pooling Scheme (M2) Department (Formulation and Implementation) Rules, 2015 - Amendments – Issued. 3 G.O.Ms. No.59 Municipal Administration & Urban Municipal 20-03- Development Department – The Administration & 2015 Andhra Pradesh Capital City Land Urban Development Pooling Scheme (Formulation and (M2) Department Implementation) Rules, 2015 - Amendment – Issued. 4 G.O.Ms. No.61 Municipal Administration & Urban Municipal 24-03- Development Department – The Administration & 2015 Andhra Pradesh Capital City Land Urban Development Pooling Scheme (Formulation and (M2) Department Implementation) Rules, 2015 - Amendment – Issued. 5 G.O.Rt. No.72 MA& UD Department – Capital City Municipal 19-02- Development & Management Administration & 2016 Corporation – Appointment of Urban Development Chairman & Managing Director and (CRDA2) Department certain Board of Directors- Modification - Orders –Issued 6 G.O.Ms. No.79 Municipal Administration & Urban Municipal 15-04- Development Department – The Administration & 2015 Andhra Pradesh Capital City Land Urban Development Pooling Scheme (Formulation and (M2) Department Implementation) Rules, 2015 - Amendment – Issued. 7 G.O.Ms.No.176 Municipal Administration & Urban Municipal 31-07- Development Department– Scheme for Administration & 2015 payment of pensions to eligible Urban Development landless families in Capital City area (M2) Department through “Capital Region Social Security Fund” - Administrative sanction - Accorded – Orders - Issued. 8 G.O.Ms.No.493 Registration and Stamps Department- Revenue 31-12- Indian Stamp Act, 1899-Reduction of (Registration. I) 2015 Stamp Duty under section 9 of the Department Indian Stamp Act, 1899 payable on Development Agreement-Cum- 96 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Irrevocable Power of Attorney prescribed under Sub Rule (8) of Rule (8) of the A.P. Capital City Land Pooling Scheme (Formulation and Implementation) Rules, 2015 framed under Andhra Pradesh Capital Region Development Authority Act - 2014 - Notification – Orders - Issued. 9 G.O.Ms.No.494 Registration & Stamps Department – Revenue 31-12- Registration Act, 1908–Section 78– (Registration. I) 2015 Table of Fees– Exemption of Department Registration Fee on instruments executed by or on behalf of or in favor of the Authority under the Andhra Pradesh Capital Region Development Authority Act, 2014 (Act 11 of 2014)- Amendment – Orders – Issued. 10 G.O.Ms.No.30 MA&UD – APCRDA– Payment of Municipal 10-02- pension to eligible landless families in Administration & 2016 Capital City Area through “Capital Urban Development Region Social Security Fund” - (CRDA2) Department Operational Guidelines – Orders - Issued. 11 G.O.Ms.No.41 RULES — The Andhra Pradesh Municipal 17-02- Capital City Land Pooling Scheme Administration & 2016 (Formulation and Implementation) Urban Development Rules, 2015 - Amendment — (CRDA.2) Notification - Issued. Department 12 G.O.Ms.No.125 MA&UD – APCRDA - Amaravati Municipal 16-05- Capital City - Land Pooling Scheme – Administration & 2016 Welfare of the Farmers and other Urban Development Landless Poor- Free education to the (CRDA.2) Children of the all the residents Department residing as on 08.12.2014 - Implementation of Free Education – Orders –Issued. 13 G.O.Ms.No.52 Health, Medical and Family Welfare – Municipal 12-05- Free Medical Facilities to the Administration & 2016 residents of the Amaravati Capital Urban Development City who are residing as on December (CRDA.2) 8, 2014 – Implementation of free Department health facilities – Orders - Issued. 14 G.O.Ms.No.165 RULES – The Andhra Pradesh Capital Municipal 25-06- City Land Pooling Scheme Administration & 2016 (Formulation and Implementation) Urban Development Rules, 2015 - Amendment – (CRDA.2) Notification - Issued. Department 15 G.O.Ms.No.207 Rules – AP Capital City Land Pooling Municipal 08-08- Scheme (Formation & Administration & 2016 Implementation) Rules, 2015 – Urban Development Notification – Issued. (CRDA.2) Department 16 G.O.Ms.No.153, Negotiated Settlement Policy G.O.Ms.No.153, MA 19-04- 97 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Department, dt. & UD (CRDA-II) 2017 19-04-2017 Department. 98 Attachment 2: Sample Village level LPS consultations Random Compilation of formal consultations in 6 villages on subjects related to Land Pooling, LA, entitlements, and others at CA offices during 1-1-2015 to November 2017 (Full list and details of consultations held in all villages is available in Project files) Final No. of Outcomes of Location / Name of Total No. of Date Subject Women the meeting if the village participants Participants any Land pooling 19-01-2015 Krishnayapalem 20 0 scheme Pensions to be Landless poor paid in the pensions, job 14-07-2015 Krishnayapalem 8 0 name of women guarantee, skill in the development household only 9.2 submission of 25-07-2015 Krishnayapalem applications, 8 0 documents for loan waiver loan waiver Issue ration Land matters, cards for the 28-07-2015 Krishnayapalem ration card 6 2 pending issue villagers Payment of Amaravati pension to 04-08-2015 Krishnayapalem Pension 7 1 eligible scheme beneficiaries Land matters, 15-08-2015 Krishnayapalem 12 4 LPS Gramakantham 10-12-2015 Krishnayapalem & Land 10 1 Acquisition Expressed concerns with regards to roads Draft Master 04-01-2016 Krishnayapalem 9 2 as their Plan properties are getting disturbed Requested for date of plot Returnable allotment and 20-01-2016 Krishnayapalem 16 3 plots facilities equipped in the returnable plots 9.3 objections and Information 26-04-2016 Krishnayapalem appointment of 26 5 provided on SIA SIA agency, EPTRI Returnable Plot Application for 28-04-2016 Krishnayapalem 9 3 allotment and plot allotment Amaravati Sustainable Capital City Development Project Resettlement Policy Framework development agreements Awareness campaign on 07-05-2016 Krishnayapalem 30 7 returnable plot allotment Commercial 24-06-2016 Krishnayapalem 10 3 Plot allotment Non-acceptance of EPTRI reports by the villagers, Land requested for 03-11-2016 Krishnayapalem 8 2 acquisition payment of annuity for 20 years instead of 10 years Building 14-11-2016 Krishnayapalem 11 3 Permissions Requested for Returnable Plot declaring allotment and Krishnayapalem 17-11-2016 Krishnayapalem 16 3 development as Urban agreements locality, dump yard request, Call for 10-11-2017 Krishnayapalem Objections - 9 0 LARR Act 2013 LA 22-04-2017 Krishnayapalem 11 2 Compensation Awareness 09-07-2017 Krishnayapalem meeting on Peg 5 0 marking Land pooling 17-01-2015 Kuragallu-1 6 1 scheme Land matters and Land Pooling Scheme, Jasmine 13-02-2015 Kuragallu-1 18 2 gardens and other fruit gardens to be considered as Jareebu Plot allotment 10-07-2017 Kuragallu-1 Awareness 19 4 Meeting Plot allotment 29-07-2017 Kuragallu-1 Awareness 6 1 Meeting Plot allotment 11-08-2017 Kuragallu-1 Awareness 17 3 Meeting 06-05-2016 Kuragallu-1 SIA Awareness 12 0 100 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework meeting Land Acquisition - 13-12-2016 Kuragallu-1 Seeking 5 0 Opinions Meeting Plot allotment 05-05-2016 Kuragallu-1 Awareness 35 Meeting Layouts Planning of 29-12-2016 Kuragallu-1 14 Returnable Plots SIA Awareness 12-05-2016 Kondamarajupalem 18 3 meeting 09-08-2016 Kondamarajupalem LARR Act 2013 9 2 03-11-2016 Kondamarajupalem LARR Act 2013 11 6 Experts 22-12-2016 Kondamarajupalem Committee 19 7 Meeting on SIA Experts 27-01-2017 Kondamarajupalem Committee 17 2 Meeting on SIA LA 28-04-2017 Kondamarajupalem 26 3 Compensation LARR Act 2013 09-06-2017 Kondamarajupalem - Preliminary 8 2 Notification Draft R&R - 14-07-2017 Kondamarajupalem 7 2 Public Hearing Land Acquisition - 04-08-2017 Kondamarajupalem 5 1 Call for objections Land pooling 04-04-2016 Dondapadu 33 7 scheme Land 12-01-2015 Nelapadu 32 1 acquisition Land acquisition, on the objections received by the 10-02-2015 Nelapadu CA on 9.2 27 0 objections and suggestions & also discussion on other things. Land Pooling- 20/07/2017 PENUMAKA 4 1 Capital Land Pooling 25/07/2015 PENUMAKA 10 7 Issues Land Pooling 14/07/2015 PENUMAKA 17 2 Issues 101 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 07-02-2017 PENUMAKA LARR 49 2 14/2/2017 PENUMAKA SIA 17 300 farmers attended but 13/12/2016 PENUMAKA SIA 7 1 signatures not available Pensions to 28/07/2015 PENUMAKA 3 eligible laborer Pensions to 14/07/2015 Nidamarru agricultural 5 laborer Pensions to 25/07/2015 Nidamarru agricultural 4 laborer Pensions to 28/07/2015 Nidamarru agricultural 3 laborer Total 694 101 14.55% 102 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexure 3 – Entitlements Matrix – Negotiated Settlement Policy Negotiated Settlement Policy Background 1. While executing the construction of Capital City Development Project, it is found that certain priority roads are coming in the area exempted under Land Pooling Scheme as per Rule 5(4) read with Schedule III(ii), while demarcating the village sites / extended habitations. As the Land Pooling Scheme is not applicable in the exempted area and as the process of Land Acquisition under LA R&R Act, 2013 is time consuming, it is proposed to acquire the area required as per Master Plan / development plan within the village planning zone (R1 Zone) and also certain scattered houses within Land Pooling Scheme existing outside R1 Zone through Negotiated Settlement as per Section 124 of AP CRDA Act, 2014. In this regard, to expedite procurement of land in R1 Zone and to acquire Scattered houses outside R1 Zone a separate package under Negotiated Settlement Policy as per the APCRDA Authority Resolution No.92/2016 dt.07.12.2016 has been formulated and notified vide G.O.Ms.No.153, dt. 19-04-2017. This is a state government policy applicable across Capital City for projects taken up under Bank’s loan as well as projects taken up outside bank’s loan to ensure that the PAPs are compensated as per Negotiated Settlement and the procurement of land / structures is expedited. 2. The landowners willing to opt for negotiated settlement may file their claim before the negotiation committee. The word negotiation is used as per Section 124 of the AP CRDA Act, 2014 which says that the authority may acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage, negotiated settlement or by any other means permissible under any law. The project displaced families who have consented for Negotiated Settlement are provided with transit accommodation / rental allowance during construction time of houses in the resettlement area. Entitlement Matrix SL Property Type Description Proposed Compensation No 1 Residential use in R1 Zone House / Residential Plot (1) Two times of compensation of Excluding Common area the structure value. (2) Nearest standard plot in RH colony equal to plinth area of structure / house site with annexure-II of zoning regulations (ref. CRDA website) 2 Non-Agriculture /other (1) Two times of compensation of As is land use i.e., baron, use in R1 Zone hayricks etc., the structure value. (2) Land to land for same land use 3 Commercial / Industrial (1) Existing structures like shops Two time of the structure value. use in R1 Zone or or Commercial / Industrial(2) Nearest standard plot in RH Scattered commercial / Structures excluding center equal to plinth area of Industrial Structures common area structure, without any outside R1 Zone amalgamation of plots. The FSI shall be as per Zoning 103 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Regulations. 4 Scattered residential (1) Residential Houses that are Two times of the structure value. Houses in LPS area other is constructed and the owner (2) Allotment of residential entitled than R1 Zone / Lanka living in the agricultural standard plot subject to Lands fields. maximum of 500 square yards in RH Colony. The FSI shall be as per Zoning Regulations. 5 Displaced families living (1) Constructed house with IAY on Government lands specifications (2) Transitional and shifting allowance. 6 Tenants (houseless (1) House-less families will be families) provided constructed house with IAY specifications. (2) Transitional and shifting allowance to all tenants. 7 Unidentified impacts R&R assistance as per the principles of this RPF Other Benefits a) Housing Unit for Residential House. Construction Grant as per GoAP norms or Housing Department norms as applicable. b) Transportation cost for displaced family INR 50,000 /- c) Re-construction of cattle shed / petty shop INR 25,000 /- d) Resettlement Grant INR 50,000 e) One-time grant for artisan/ small traders / certain INR 25,000/- others f) Subsistence allowance to artisan/ small traders INR 2,500/-* per month for a period of 10 years if not receiving pension under LPS. g) Construction Time 6 months from allotment of developed plot or Transit accommodation in consultation with the PAP. Note: The entitlements mentioned in Annexure B and C herein are as per LAR&R Act 2013 w.e.f.1.1.2014 and negotiated settlement policy w.e.f. 19-4-2017. The unit costs would be updated as specified and would be reflected in the RAPs. *This allowance (pension)is also extended to PDFs under the Negotiated Settlement category if they are not receiving pension already. 104 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexure 4 – Entitlements Matrix: Land Acquisition LARR Act and additional provisions under ASCCDP 1. The LARR Act provides for a transparent process and fair compensation in land acquisition for public purpose and provides for rehabilitation and resettlement of landowners and those affected by land acquisition. This Act came into effect on January 01, 2014 and the Land Acquisition Act, 1894 stands repealed. The LARR Act requires social impact assessments for projects involving land acquisition. The Act also explains compensation is inclusive of market value of the land including all assets attached to land. 12% interest on market value of the land is payable from the date of first notification until passing of Compensation Award, to adjust the price to the date of compensation award. In addition, 100 % solatium is added to the final compensation amount. Steps are taken to update the basic rates of the lands under LA as per the provisions of Section 26 of LAR&R Act 2013. Sub-Registrar Office (SRO) guideline rates are updated for all land covered by Land Acquisition Notifications. The revised government guideline rate or the average sale price, whichever is higher, is taken as the market value (as per the provisions of Section 26 of the LARR Act 2013). Awards are passed duly adopting the updated values as per the LARR Act. 3. LARR Process a) Consultation with Grama Panchayat28 to fix date, time for conduct of Grama Sabha29 to explain intention of the Government and need for conduct of SIA. b) Publication of SIA Notification in GP/Locality/News Papers / Gazette / Website c) SIA Team Selection by Commissioner, R&R in consultation with District Collector. d) EPTRI, Hyderabad, Gachibowli was selected by Commissioner, R&R as an Independent Agency for conduct of SIA e) Draft SIA placed before Grama panchayat / Grama Sabha for conduct of Public Hearing for Social Impact Assessment. f) Publication of Final SIA and Minutes of the Public Hearing in GP/Locality/ Website. g) Expert Committee appointed by appropriate Government / District Collector h) Publication of Expert Opinion / Recommendations in GP / Locality / Website. i) Publication of Decision of appropriate Government / District Collector after examining SIA report, Minutes of the Public Hearing, Expert Opinion, LAO report, in G.P / Locality / Website j) Notification by District Collector authorizing the Land Acquisition Officer for acquiring the lands. k) Publication in G.P / Locality / News Papers / Gazette / Website. l) Conduct of Grama Sabha explaining the contents of the notification, provision for filing objections within 60 days duly fixing the hearing date and information to landowners regarding conduct of preliminary survey requesting them to be present in conduct of survey and informing the prohibitive clause imposed on alienation of lands covered by notification. 28 Rural local body 29 Meeting at the village level 105 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework m) Notice calling for objections on the preliminary notification on the area and suitability of land proposed to be acquired, justification offered for public purpose, the findings of the Social Impact Assessment report. n) 60 days for filing objections and on enquiry by Land Acquisition officer, District Collector to take decision. o) Appointment of Joint Collector as Project Administrator. p) Conduct Socio Economic Survey to identify the affected families having lands Final and immovable properties, identifying livelihood losers’ dependent on the lands being acquired. Ex: Tenants, Agriculture labor etc., q) To enumerate the amenities and infra structural facilities which are affected are like to be affected due to acquisition and details of common property resources etc. r) Preparation of draft R&R Scheme by the Project Administrator in consultation with the affected families and place it before Gram panchayat for conduct of Public Hearing. s) The draft R&R Scheme and a specific report on the claims and objections raised in the public hearing to be place before project level R&R Committee to be reviewed by the District Collector and shall be submitted to the Commissioner, R&R for approval of the Scheme duly incorporation the suggestions and views of the Project level R&R Committee. t) The Commissioner, R&R shall approve the R&R Scheme and cause publication in GP / Locality and website. u) The District Collector to make publication of declaration along with summery of R&R Scheme and declaration of an area identified as the resettlement area in cases of physical displacement of affected families v) Publication in GP / Locality / Gazette / News Papers / Website w) Award Enquiry notices to be issued, conduct enquiry into the ownership, apportionment and interests if any and into the R&R entitlements. x) Draft Award of LA and R&R shall be approved by District Collector and Project Administrator. y) LAO to pronounce LA R&R Award and shall pass individual LA Awards and individual Compensation Awards. z) Compensation, R&R cash benefits shall be paid before taking lands and rehabilitation measures to be completed before physical displacement of PDF. 4. Dissatisfied with the Market Value fixed by Land Acquisition Officer, the Interested person may make an application for Negotiations before the Negotiation Committee and on merits the Committee and the same would be incorporated in the Consent Award u/s 23 A as per provisions of LARR Act 2013. 5. Dissatisfied with the Award made, any Awardee / interested party having claim on compensation /R&R Entitlement may approach LA R&R Authority and make a reference under section 64 of the LA R&R Act, 2013. The LA R&R Authority was constituted vide G.O.Ms.No.91, Revenue (Land Acquisition) Department, dt. 03-03-2017. 106 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Entitlement Matrix: Compensation and R&R Assistance under Land Acquisition Act Sl. Impact Eligibility Entitlement Remarks No Category a) Loss of Patta/ Temple Land/ Higher of basic land Assigned/residential/c value or three- ommercial/industrial year average sale land in Rural and price calculating Urban areas on higher 50% transactions. Add value of multiplier (1.0 times in urban area or 1.25 times in rural areas) Steps would be taken Add Estimated to update basic values value of structures prior to first (value of assets notification and adopt without updated values prior to depreciation) and passing award. trees Add Solatium 100% on final compensation amount Add 12% additional market value from preliminary notification to award. b) Loss of Affected area Estimated value GoAP rates will be Trees / as per adopted as on cut-off Topes Horticulture / date. Forest Department plus 100% solatium. c) Resident Physical displacement Constructed Prevailing Unit values House in Rural area house not less as per AP Housing owner than IAY Department irrespecti specifications or Transportation cost of ve of equivalent cost if Rs.50, 000/- for DPs. legal opted by Subsistence grant 12 status displaced family. months × INR 3,000/- 107 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Physical displacement House with not One-time Resettlement in Urban area less than 50 Sq. m. grant of INR 50,000. in plinth area or not less than INR 1.50 Lakhs if opted by displaced family. Affected Constructed Prevailing Unit values family house with not as per AP Housing without less than IAY Department homestea specifications d land residing in the area as on the date of census survey. d) Cattle Shifting from affected reconstruction INR 25,000/- shed / area to rehabilitation grant Petty center shop e) Artisan / Non-agri/ commercial Financial INR 25,000/- Small / industrial / assistance. trader / institutional structure Self in affected area. employed f) All Loss of livelihood One-time INR 500,000 or INR Affected resettlement grant 2,000 X 12 M X 20 Y families / / annuity tenants irrespecti ve of legal status g) Crop Crop Cut down during Damages Gross income survey calculated on average Standing Crop Standing crop yield multiplied by allowed. Damages minimum support if required. price. Net crop loss shall be 50% of the gross income. h) Unidentif R&R assistance as per ied the principles of RPF impacts Other Benefits a) Construction Time 12 months from allotment of developed plot or Transit accommodation in consultation with the PAP. 108 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 109 Annexure 5 - Comparison of World Bank OP 4.12 with Land Assembly Instruments This annex presents an explanation of how the three land assembly instruments used under the Project address the objectives of OP 4.12. No OP 4.12 Policy Land Pooling Scheme (LPS) LARR Act of 2013 Negotiated Settlement objective 1 Avoidance /  There is no physical displacement in  The LARR Act 2013 is consistent with  Applicable only for procurement of mitigation of lands assembled through Land Bank’s safeguard policy for structures/assets within residential involuntary Pooling Scheme as LPS is applicable involuntary resettlement, OP 4.12 areas in village settlements for resettlement to non-habited areas outside village including with regard to infrastructure works as per the settlements. consultations, compensations, approved Master Plan, as a better  By design, LPS minimizes the extent processes, grievance redressal, etc. alternative to land acquisition. of involuntary resettlement, even There are only minor gaps between  As part of preparation of Amaravati within the context of a very large the LARR Act 2013 and Bank OP 4.12 Master plan, extensive consultations land assembly scheme (217 km2). policy and these relate to: (i) the were held and approximately 3500 LPS allows landowners to remain in valuation of structures with physical displacements were avoided the Capital City area by returning to depreciated amount; (ii) cut-off date as an outcome of such consultations. them an urban plot of land in requirements for eligibility of certain The roads now being built follow the exchange for the agricultural plot categories of affected people such as approved Master Plan. they contributed to the pool. The those depending on the affected lands; returnable plots are allotted within and (iii) no assistance to those affected the same revenue village. LPS has using public lands (for example, enabled over 100,000 villagers to squatters). This RPF addresses these remain within Amaravati City gaps in areas covered under the boundaries, and to benefit from the project, as noted below. future increases in land value that will result from the development of the Capital City.  LPS in the Amaravati area excludes pooling of land within residential areas of the 25 villages located within the perimeter of the new Capital City, to minimize as much as possible physical displacement / Amaravati Sustainable Capital City Development Project Resettlement Policy Framework loss of homes.  Village infrastructure will be upgraded as part of project, to make sure villages have improved standards of infrastructure in line with the rest of the city and that the upgraded infrastructure is smoothly integrated with the city level infrastructure. 2 Alternative project Amaravati City is being developed as the new capital following the bifurcation of the state of AP in 2014. The site for the design that could new capital required a large extent of land (217 km2). The site was chosen by the Government of AP in late 2014 at a have potentially location of historical significance, and was strategically selected based on the area’s economic potential, a st rong network limited involuntary of transport infrastructure, close proximity to several major economic centers, good access to a skilled labor workforce and resettlement water to cater to a growing urban population. The Master Plan for the Capital City was approved in February 2016. The Bank began preparation of this Project in May 2016, pursuant to a formal request from the Government of India. The choice of location for the city, and the adoption of the Master Plan precede Bank involvement. 3 Resettlement The LPS that has been put in place by the Government of Andhra Pradesh as the main instrument for making available activities should be the land for the Capital City area and has been designed to ensure that the project affected people are not just passive conceived as recipients of compensation, but are in fact partners with government through LPS and are direct beneficiaries of the sustainable increased value of their land as it is incorporated into the urban landscape. As such, the LPS is an innovative, sustainable, development socially inclusive program that addresses in a proactive manner some of the negative externalities that typically arise from program urbanization, specifically the rapid appreciation of the value of land in urban areas that often leads to spatial exclusion of the affected people once their land is handed over under normal land assembly routes. LPS is consistent with the approach that guided the development of the new Environmental and Social Framework. 4 Compensation at  In return for the rural land they have  The LARR Act 2013 improved land  The policy provides for land to land replacement cost for contributed to the LPS, land owners valuation processes relative to earlier compensation and payment of two land and assets: receive: (i) returnable plots of urban regulations through a number of times the cost of the structures - hence land - up to about 30 percent of provisions: (i) allowing consideration it adequately meets the requirement of original land contributed; (ii) of the higher of two land values, i.e., ‘replacement cost’ under Bank policy. annuity payments for 10 years, the reference rate for land prices in  For structures related impacts established as a proportion of the government guidelines used for associated with Bank project, extent of the land lost; (iii) property registrations, or the top 50 depreciation costs towards structure registration fee (borne by CRDA); percent of registered sale transactions value to be paid separately as 111 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework and (iv) exemption of long term by value that have taken place in the provided in RPF to meet gaps vis-à-vis capital tax gain. The value of this preceding three year period; (ii) final Bank policy. This has already been compensation package is expected to compensation in Andhra Pradesh in approved by APCRDA. meet, if not exceed, the ‘replacement rural areas is calculated as 2.5 times cost’ of lost assets. the value calculated as per (i), above30; and (iii) provisions of LPS and NS  In this regard, analysis of land prices policy are followed for rural and carried out through external village lands, respectively. consultants across 25 villages  Impacted structures in lands used by indicate that as of today and based Bank project, this RPF provides for on current land prices, the value of depreciation costs towards structure returnable (urban) plots exceeds the value to be paid separately as per the replacement cost of lost RPF to meet gaps vis-à-vis Bank (contributed) lands under LPS. policy. This has already been approved by APCRDA. 5 Improvement or The package of compensation that  The compensation levels and R&R  Since this policy applies only to restoration in landowners receive will enable project support in LARR Act, 2013 as well as residential areas / homes within livelihoods and affected people to restore, and improve Negotiated policy for acquisition of villages and not to farmlands, no living standards their livelihoods and living standards. land in village areas and returnable impact on livelihoods is expected. In Compensation primarily includes plots, annuity, pension for dependents any case, equivalent developed land is returnable plots of greater value than and access to social development being given in the same vicinity, original agricultural land (which schemes are intended to livelihood besides ‘construction grant’ and owners can sell anytime) and annuity restorations. transitional support (moving for 10 years, besides access to training /  Post Implementation audit is also allowance and subsistence allowance skill building programs, etc. to move required under LARR Act, 2013. in the form of monthly pension of INR urban professions. Landowners who  Widows, divorcees and women 2,500 per family, up to 10-year wish to continue farming can purchase deserted by families are considered as period). All these will enable people to equivalent farm land elsewhere in the separate families under LARR Act, improve or restore their living neighboring districts by selling their 2013. Support to dependents on conditions. (urban) returnable plots. private lands is available under LARR  RPF includes scope for collecting 30 The LARR Act 2013 allows the state governments to fix the compensation for rural areas between 1 to 2 times with 100 percent solatium. The Government of AP has fixed 1.25 times for rural areas and adds 100 percent solatium to compensation which amount to 2.5 times of market value. 112 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Landless agricultural laborers receive Act, 2013 baseline socio-economic status of livelihood restoration assistance, affected people to measure changes in including monthly pensions of INR living standards during 2,500 per family for 10 years, indexed to Final implementation. inflation, access to expanded MGNREGA scheme for 365 days a year, and training / skill upgrading programs, etc. to transition to urban professions over time, as well as other benefits, as listed in chapter 3 of the main text of this RPF. Further measures targeted to vulnerable landless who are in need of additional assistance to restore livelihoods are also described in chapter 3. 6 Provisions for  The LPS and the Master Plan were  LARR Act 2013 requires that  By design, this involves negotiations meaningful designed following over 100 rounds consultations should be held with between landowners and govt. consultations of consultations carried out across concerned panchayats for implying upfront consultations and the Capital City area by APCRDA – commencement of conduct of SIA – that are expected to result in a duly implementing agency, with public hearing on SIA, Gram Sabha on executed agreement if negotiations landowners in the Amaravati City PN; public hearing on R&R Scheme. succeed. area (25 villages). More than 4,000 Disclosures are required on the SIA  In addition, as part of sub-component individual comments were received and Social Management Plans. specific RAP preparation, focus group as a result of the consultations.  Further LARR Act, 2013 has provision consultations and household surveys Stakeholder comments were for hearing objection to land have been held. incorporated in the final acquisition and also appeal to LARR  RPF provides for two stage instruments and included, for Authority on compensation amounts. consultations at the time of carrying example, modifications in the In addition, multiple channels of out census/socio-economic surveys alignment of roads passing through grievance redress mechanisms already and at the time of sharing draft RAPs villages, delineation of village exist within APCRDA, besides access to seek PAPs inputs and comments boundaries, land use and zoning to Indian Judicial system. and provide information. regulations, formulation of  GRM together with the newly returnable plot sizes and their constituted Grievance Redressal positioning in layouts, allotment of Committee will deal with any plots to Jareebu landowners, annuity grievances related to PAPs affected by 113 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework enhancement, extent of lands, lands used for the project. returnable land to encroachers etc.  Similar consultations were held by APCRDA for the process of returning plots to LPS farmers (completed in 22 out of 25 villages) and issuance of ownership certificates.  LPS participation requires participants to be actively engaged in the process, i.e. they are presented relevant information, consulted and need to provide their written consent to the various options at six different stages of the process 31.  In addition to the consultations carried out by APCRDA as part of LPS, separate (multiple) consultations have been conducted by APCRDA for the RPF throughout the preparation process and drafts disclosed. The consultations that were carried out include: (a) public workshops on the draft SESA-ESMF and RPF held in January 19, 2017; (b) additional consultations were held in four 31Concurrence from landowners is required at the time of: (i) provision of consent to participate in LPS; (ii) signature of a development agreement; (iii) registration of development agreement; (iv) returnable plot allotment certificate; (v) registration of land in favor of the implementing agency; and (vi) registration of returnable plot in favor of the landowner. Development agreement spells out the details of lands handing over for pooling, eligibility of returnable plots, annuity amount payable, access to other social benefits and includes a time table development basic infrastructure around returnable plots and obligation on the part of Government and land owner in the process of land pooling. 114 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework villages in February 2017 and again at multiple locations across Amaravati in August 2017; and (c) as part of RAP preparation for 10 of the roads under the proposed Project, further focus group meetings are held, another round of public consultations held during Aug 2017 with small and marginal- scale landowners participating in the LPS, agricultural laborers, women, vulnerable groups, displaced people, and other relevant stakeholders. Stakeholder comments gathered during consultations have been incorporated in final safeguards instruments  Grievances are dealt on ongoing basis by APCRDA. The agency has set up a multi-level grievance redress mechanism.  GRM together with the newly constituted Grievance Redressal Committee will deal with any grievances related to PAPs affected by lands used for the project. 7 Treatment of those  Under LPS, returnable plots and LARR Act covers compensation for all All those residing on their own lands who do not have annuity are provided to land those who own lands, and also assigned and on Government lands are legal right to land owners. Encroachers/squatters land owners. recognized for compensation to (People without title) cultivating structures and alternative land and lands in both objectionable and Provision for livelihood and shelter transitional support. unobjectionable Government lands support to dependents on lands if they receive returnable plots. are residing 3 years prior to land  Besides landowners, LPS also acquisition. 115 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework addresses landless laborers and tenants’ dependent for their livelihood on lands that were pooled. Landless families who resided within the perimeter of the new Capital City are provided a pension for 10 years, and receive access to skill upgrading and training and access to employment opportunities under employment guarantee scheme. 8 Cut-off date for  December 8, 2014 was the cut-off  Under LARR Act, date of first land  All impacted families within villages eligibility (either date for extension of benefits under acquisition notification will be treated will be eligible for negotiated date of census or the LPS schemes. This was widely for land owners as cut off and in case settlement. date of project area announced and publicly of dependents of land, people should  RPF includes a provision to consider delineated provided disseminated as date of Capital be residing 3 years prior to land census date for assistance on the lands that there has been City announcement. acquisition. To address this 3 years’ required for Bank project. effective public  All agricultural laborers and tenant stipulation, in this case, the December dissemination.) farmers residing in the Capital City 8, 2014 has been taken as the cut-off area prior to December 8, 2014 are date and hence is now consistent with also provided with monthly OP 4.12. pensions as noted above.  Further, RPF includes a provision to consider the census date as the cut-off date for assistance on the lands used by Bank project if required in future. 116 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Annexure 6 - Summary of Stakeholders Consultation 1. Draft Safeguard Documents namely - Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF) were prepared and disclosed on December 31, 2016 on the website of CRDA and the general public is notified through public notice. Comments and suggestions on the draft documents were invited. 2. In response to the invitation to submit feedback online, 5 responses were received, of which 4 responses contained identical content. The key suggestions from these written submissions are as follows: 3. Suggestions on Draft ESMF:  Include control measures for construction stage impacts  Include worker and public safety measures  Ensure adherence of infrastructure and service delivery to international quality standards  Ensure sewage treatment so that the existing water bodies are not polluted  Ensure consultation with community for planning infrastructure (e.g., village level consultation for identification of infrastructure requirements in villages, farmer consultation for flood mitigation works, etc.)  Ensure monitoring during construction 4. Suggestions on Draft RPF:  Fair compensation at market value  Undervalue of market rates and stamp duty rates in 25 villages of Capital City  Return of 20% of land in case of land acquired under Land Acquisition Act  Objection to 1.25 multiple factor for compensation calculation instead of maximum of 2.00 available under new Land Acquisition act  Legal validity of agreements executed under the LPS  Time limit for use of lands assembled under LPS  Avoidance of grave yard lands in Gramakantham lands 5. All these respondents were informed by e-mail about the stakeholder consultation workshop and were requested to widely circulate information about the workshop among interested stakeholders. Further, a Public Notice (Section 3 i, ii) in both Telugu and English was published well before the workshop date and wide publicity within the Capital City was undertaken about the workshop by CRDA. Proceedings and Minutes of first Stakeholders’ Consultation Workshop 6. Minutes of the Stakeholders’ Consultation Workshop on the ‘Strategic Environmental and Social Assessment – Environmental & Social Management Framework (SESA-ESMF) and Resettlement Policy Framework (RPF)’ – Safeguards’ Documents for the 117 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework World Bank supported Project – Amaravati Sustainable Capital City Development Project (ASCCDP). Date: 19th January 2017; Time: 10:45 AM to 2.30 PM Venue: APCRDA Office, Thulluru, Guntur District Participants: 7. About 150 participants Consisting of a. farmers who have - participated in LPS, affected by land acquisition, affected by roads passing through their sites in village sites b. landless people who are receiving pensions c. main representatives from associations / NGOs - i. Rajadhani Youth Organization ii. Capital Region Farmers' Federation iii. Amaravati Rajadhani Sameekarana Raithu Samakhya d. Public Representatives e. Representatives from Print and Electronic Media 8. The participants included women representatives as well. The people affected by land acquisition, land less laborers, those displaced and women are observed to be a few. Line department officials: About 50 Competent Authorities from revenue units, Officials of - CRDA, PHED, Irrigation, Urban Development etc. Observers: Four E&S specialists from the World Bank and one Senior Social expert from AIIB attended this workshop as observers. 9. The registration forms of the workshop consisting of name, mobile number and signature of the participants are filed in the Project dossiers and can be accessed by interested stakeholders. 10. CRDA made a brief power point presentation on the key aspects of ESMF and RPF and informed that this consultation Workshop is for accomplishing wider awareness, share 118 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework contents of the documents and seek feedback from the participants leading to finalization of the documents and adopting for the Bank supported project - ASCCDP. 11. Director Lands chaired the workshop and introduced the priority projects funded by the Bank. Group Director Environment provided a brief on Safeguards, the greenery development taking place in the Capital City and welcomed the participants to share their suggestions on the draft documents. Director Strategy briefed the day’s agenda and gave a presentation on the draft SESA –ESMF. Director Estates briefed the R & R policy, the status of Land pooling so far and also appraised on the status of LA. 12. The participants were invited to voice their feedback. The participants were provided with colored cards as well to pen down their feedback and submit at the venue. 13. Public suggestions and feedback: The following participants voiced their suggestions during the consultation workshop which are summarized below. Detailed speaker record of discussions is available in APCRDA project file. 14. A summary of issues voiced/ suggestions /feedback and actions taken is provided below: Related to Land Acquisition and Resettlement:  Independent valuation of assets to be done at market value instead of schedule rates.  Minimization of physical displacement –  Improved entitlements under the negotiated settlement option for physical resettlement, including land for land, based on equivalent value  Peg marking of road alignment in the villages along priority roads –  Attention to vulnerable population such as landless, Schedule castes, etc.  Timely payment of pensions and consideration of annual increase in pensions similar to increase in annuity payments – 119 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  Special attention for issues related to unidentified land in small pieces and survey disputes. Construction and Project related:  Ensuring good quality of construction under the project through monitoring & Final involving local people and publicly sharing contract details  During road construction, display boards to be placed with road construction standards.  Standards for road construction must integrate considerations for flood risk and provision for utility ducts  Village level awareness campaign to be made about 7 roads where World Bank is giving loans.  Ensuring local employment under contractors as well as jobs to educated youth for all works undertaken in Capital City  Managing impacts due to construction works and vehicle movements  Attention to issues associated with outside labor  Safety at work places and system for compensation for accidents required and it is to be implemented by incorporating suitable plans in the project implementation guidelines.  Construction related environmental management plan to be enforced on the contractor to mitigate pollution.  Apex coordination committee to be formed with 50% farmer’s representation along with experts and engineers to streamline and strengthen project execution.  In every decision-making process, farmer representatives shall be included as special invitees. Information sharing to be strengthened by prior intimation and information to be provided regarding projects on hand and projects coming up  Seeking suggestion from Grama Sabhas and local institutions  Seeking suggestions from villages on flood mitigation since they have first- hand knowledge of the situation related to this aspect.  In addition to Kondaveeti Vagu flood mitigation, strengthening of the Krishna River bank is required for flood protection.  There is need to widen and strengthen the Bund. The height should be increased 2 meters and the width should be increased 200 meters  Dried-up small water tanks which were earlier used for irrigation have impacted recharge of nearby borewells and water availability for livestock  Alleged pollution due to Secretariat Complex at Velagapudi  All the impact studies have to consider the large sphere rather than the primary or directly affected people Land Pooling related  Delivering LPS promises  Returnable plot allotment at village level, only after 90% of land is secured 120 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  Under the Negotiated Settlement Policy, land to double the land shall be considered. 3 times the structure value shall be paid.  The construction on the plot shall be allowed without insisting set-backs. Barrens, etc., shall be allowed for construction of Residential houses  Separate registration of plots be allowed viz., commercial, residential and different sizes  Road hit plots shall be reduced.  LPOC shall be issued with Transferrable rights. Registration of plots shall be done  Capital gains tax shall be exempted Capital City Development related:  Prioritization of village infrastructure upgrading and paying attention to sanitation and drainage issues  Considering constitution of Farmers integrated monitoring cell to deal with farmer concerns  Strengthening implementation of social development schemes such as loans for entrepreneurial development, health and educational schemes  Partnership in development of Capital City  Strengthening skill development programs  Legal advice and strengthening grievance process  Need for design a policy to engage them in developmental activities  Assessing impacts to Tanks  Affordable Housing to houseless  Plot allotment policy including issue of lands on lease basis instead of free hold  Discrepancies in payment of daily wage rates  Pollution control measures to be taken up  Cattle to be protected. Grazing grounds to be earmarked  World Bank loans may be extended for developments taken up by landowners and for providing drinking water facilities.  Defecation free village development projects to be taken up and make the villages at par with the Capital City area.  Smart village concept to be developed.  Medical / Educational facilities shall be extended to the residents living outside the Capital City area for the landowners who have given their lands under Land Pooling Scheme  If the government allocates lands at lesser rate to institutions, the value of the plots returned to landowners also becomes less valued. Price protection mechanism to be put in place.  Farmers’ welfare complex in an extent of 20 acres to be developed.  Behavioral concepts to be propagated to enable high quality of living in the Capital City.  Youth policy to be announced for Capital City. 121 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  Interest free loans up to INR 25.00 lakhs announced by government. Implementation guidelines shall be given. The Loan shall be given only to those who have the ability to utilize it to the best  There should be coordination among different departments right from the design phase till implementation to ensure the proposed infrastructure is not disturbed on account of other departments works.  A mechanism shall be put in place which takes accountability for the current developments and their impacts on the future developments. Others:  Financing from the World Bank should be in the form of Grant rather than Loan.  Telugu translation of the documents may be provided.  Public consultations to be taken up on broader scale as appropriate 15. A brief stoppage during workshop deliberations triggered when one of the speaker made certain remarks related to – 1. Land Pooling impacts and 2. World Bank loan conditions. This has resulted in shouting and cornering him by those who have joined the land pooling. The organizers pacified the parties and the speaker could complete his response thereafter. 16. Closing remarks: The consultation workshop concluded with the receipt and acknowledgement of the comments and views expressed by the participants. Further it is informed that feedback can be submitted by way of online transmission, hard copy submission at any of the CRDA offices till 31st Jan 2017. 17. Next Steps: Relevant inputs received both through written submissions as well as during the workshop will be addressed and incorporated suitably in the SESA-ESMF and RPF Safeguards’ Documents. Those issues which are outside the scope of the safeguards documents have been compiled and circulated to the respective authorities for taking necessary further steps. 122 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Photo Report of consultation workshop: A public representative submitting his A representative from Farmers’Federation suggestions expressing his inputs on the workshop A public representative, sharing comments Landless Pensioner sharing her concerns on the SESA-ESMF & RPF during consultation workshop Comments being shared by a landlord, Participant sharing his comments during 123 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Capital Region Farmers Federation, in the consultation workshop Consultation Workshop A landlord, sharing comments on the SESA- A woman sharing comments on the SESA- ESMF & RPF documents ESMF & RPF documents A landlord sharing his comments on the A landlord expressing his opinions on the SESA-ESMF and RPF documents during SESA-ESMF and RPF documents during consultation workshop consultation workshop 124 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework A youth leader- Rajadhani Youth A farmer of Mandadam sharing his feedback Organization, sharing his comments on the SESA-ESMF and RPF documents during consultation workshop 125 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 126 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Invitation for attending meeting Invitation - Telugu Pamphlet: Final 127 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Invitation - English Pamphlet: ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY LENIN CENTRE, VIJAYAWADA INVITATION FOR PARTICIPATION IN WORKSHOP ON DRAFT REPORTS: 1. Strategic Environmental & Social Assessment - Environmental and Social Management Framework (SESA-ESMF); 2. Resettlement Policy Framework *** Project Objective 1. World Bank supported "Amaravati Sustainable Capital City Development Project (ASCCDP)", is aimed at supporting specified components/Sub projects identified by APCRDA / Government of Andhra Pradesh, related to the initial and most critical infrastructure to help develop the city. 2. The Project Development objective for the proposed ASCCDP - "To build sustainable urban services and capacity of urban institutions for the development of Amaravati Capital City" - reflects the objectives of the specific components/ sub projects being supported under this project by the Bank. 3. Main components of the project are envisaged as - a) basic urban pro-poor infrastructure components b) Green / Climate resilient urban investment component and c) Technical assistance component. To further explain, the major components of the World Bank assisted project include Village Infrastructure; Road Network; Flood Mitigation and Technical assistance. BRIEF DETAILS ON DRAFT REPORTS FOR WORKSHOP 1. Strategic Environmental & Social Assessment - Environmental and Social Management Framework (SESA-ESMF) and 2. Resettlement Policy Framework. 4. The SESA-ESMF outlines the policies and procedures that will ensure ASCCDP Bank funded sub projects are developed in accordance with SESA - ESMF and are adequately protected from associated risks. The document also aims to sensitize field staff and contractors in the assessment and management of environmental and social issues arising in ASCCDP sub projects. 5. THE Resettlement Policy Framework (RPF) will help mitigate any potential impact arising due to loss of land, restriction on use of land, impact on livelihood and / or restricted access to natural resources. These two documents are meant to ensure that the impact on environmental and social aspects during implementation of the Bank-financed investments are assessed and mitigation measures are in line with the requirements of World Bank Operational Policies and the Indian National and State Laws. 6. These reports are made available to access on the APCRDA Website - 128 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework www.crda.ap.gov.in for public disclosure. The salient features of the above reports include: 7. Project Background, structure, methodology of development of SESA-ESMF, National and State policies, laws, regulations, acts pertaining to environmental and social management, application of World Bank’s environment and social safeguard policies, situation analysis and assessment of environmental priorities, strategies to address environmental priorities, stakeholder analysis and assessment of institutions, potential impacts of project activities such as livelihood, generic environmental impacts, in-migrant labor, framework to be adopted for categorization of investments, the EIA process, guidance on preparation and implementation of Environment Management Plans, mitigation measures for potential impacts identified, SIA process, gender mainstreaming, citizen engagement, HIV AIDS prevention, etc., Organizational structure and institutional arrangement for monitoring and implementing Environmental and Social Management Framework, Grievance Redressal Mechanism, Monitoring and Evaluation of the Project, Capacity building plan including assessment of existing and planned capacity for environment and social management and interventions required. Workshop and Consultations: 8. A workshop is scheduled on January 19, 2017 at 9.30 am at APCRDA, Thulluru Office, Guntur District, Andhra Pradesh. The public from all walks of life, who are affected by the project and who have the concerns on the above aspects are invited to the workshop for consultations and detailed discussions on the aforementioned draft reports. The suggestions / concerns raised in the workshop will be incorporated in the draft proposals for effective implementation of the project. Website clipping: Intimation of Consultation Workshop 129 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Paper Clippings of Public Notice regarding Disclosure of ESMF and RPF on 31st December 2016 in Andhra Jyoti (Telugu) and The Hindu (English) Public Notice regarding workshop held on January 19, 2017 Public Notice in English Daily Newspaper, Deccan Chronicle dt. 17-01-2017 130 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Public Notice in Telugu Daily Newspaper, Saakshi dt. 17-01-2017 1. Press Coverage in Regional Media. The public consultation was widely covered by the regional media. Copies of press clippings are available in the project files at APCRDA. B. Second series of Stakeholders’ Consultation Workshops 9. A second round of Stakeholders’ consultation workshops in the form of focus groups discussions at village level and public consultations with a larger group of audience were conducted at Thulluru, Ananthavaram, Venkatapalem and Neerukonda during the last week of August 2017. These public consultations were widely advertised through print media, notices to Competent Authority offices, mike announcements and other ways, was carried out well in advance to ensure greater public participation in the said consultations. A Public Notice in both Telugu and English was published well before the public consultations’ dates A detailed press release in the local newspapers is included in the subsequent sections of this report. A brief report of this public consultation is provided in the following sections. 10. Draft Safeguards documents namely – Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Resettlement Action Plan (RAP) and Environmental Management Plan (EMP) were prepared and disclosed during August 2017 on the website of CRDA and the general public was notified through public notice. 131 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Comments and suggestions on the draft documents were invited. A total of 437 written suggestions were received, which are made available in the project files for easy access. Proceedings and Minutes of second round of Stakeholders’ Consultation Workshop 11. Minutes of the second series of Public Consultations on the draft safeguards documents viz., ‘Environmental & Social Management Framework (ESMF) and Resettlement Policy Framework (RPF)’, Resettlement Action Plan for 10 priority roads and flood management works and Environmental Management Plan for 10 priority roads and flood management works for the World Bank supported Project – Amaravati Sustainable Capital City Development Project (ASCCDP). Dates: August 29 and 30,2017 Venue: APCRDA Office, Thulluru, Ananthavaram, Venkatapalem and Neerukonda Participants: 12. About 340 participants consisting of a. farmers who have participated in LPS, affected by land acquisition, affected by roads passing through their sites in village sites b. landless people who are receiving pensions c. main representatives from associations / NGOs – Capital Region Farmers’ Federation d. Public Representatives e. Representatives from Print and Electronic Media 13. The participants included women representatives as well. The people affected by land acquisition, landless laborers, those displaced and women are observed to be a few. Line department officials: About 50 Competent Authorities from revenue units, Officials of - CRDA, ASCI, Irrigation, Amaravati Development Corporation, Urban Development etc. Observers: Four officials from the World Bank attended these workshops as observers. 14. The registration forms of the workshops consisting of name, mobile number and signature of the participants are filed in the Project dossiers and can be accessed by interested stakeholders. 132 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework 15. CRDA made a brief power point presentation on the key aspects of ESMF, RPF, RAP and EMP and informed that this consultation Workshop is for accomplishing wider awareness, share contents of the documents and seek feedback from the participants leading to finalization of the documents and adopting for the Bank supported project - ASCCDP. 16. Director Lands chaired the workshop and introduced the priority projects funded by the World Bank. Group Director Environment provided a brief on Safeguards, the greenery development taking place in the Capital City and welcomed the participants to share their suggestions on the draft documents. Director Strategy briefed the day’s agenda and gave a presentation on the draft safeguards documents. 17. The participants were invited to voice their feedback. The participants were provided with A4 size white sheets to pen down their feedback and submit at the venue. Proceedings of the public consultations Thulluru – 10.30 am to 1.00 pm – 83 people were present 18. Welcome Address given by Director, Strategy to the workshop and the Director Lands chaired the session. 19. A presentation on the draft World Bank Safeguards Documents was made by Director, Strategy with a request to provide public opinion and feedback on the draft documents. The following suggestions / clarifications were sought by the public:  A farmer from Nelapadu – Road hit plots / structures (LPS layout infrastructure)  A farmer from Thulluru – Rehabilitation colony details to be shared well in advance with regards to road width, etc., People affected are ready to give their lands under 133 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Negotiated Settlement Policy provided they are given complete details. They have voluntarily given ands under LPS.  A farmer from Lingayapalem – did not participate in LPS. He is not allowed to cultivate his land. Power has been cut. His land is under court dispute. He also requested for paying compensation for loss in agriculture for the past 3 years.  A landlord from Thulluru said that he has given land under LPS but when this development will happen/ start. Final People who did not participate in LPS are obstructing the developmental activities. He requested the World Bank to speed up the process of development. Committees with membership from farmers need to be established in all villages to resolve issues.  A Government employee of Thulluru – He mentioned that his grievances were not yet addressed. Submitted 9.2 objections as his structure is getting affected by N14 road. He wanted APCRDA to inform about the compensation in writing. His land under Survey No. 22/3 was asked for pooling but he did not agree to give his land under pooling.  A landlord from Rayapudi – requested the World Bank to understand the issues of people affected by Land acquisition. He said that they don’t oppose the Capital development. He wanted APCRDA to identify issues, create awareness and resolve issues. As per the promises, he wanted to provide suitable job opportunities, skill development programs, etc., he wished that farmer has to be included in all forums as a Committee member. There is a communication gap. Constitution of citizens committee as part of development of World Class capital, health cards not much useful. Pensions to be paid to women instead of men; farmers to be given importance in all kinds of jobs. Village gets congested due to upcoming government complexes like assembly, high court, etc., air and water pollution, etc., life is becoming difficult because of these issues. Action was not taken against pending issues. Collective development is to be given more focus. Why are they being asked to participate in this meeting with World Bank to partner the farmers in all the development activities. All the issues are to be taken to the notice of Hon’ble Chief Minister. Legal advisory is needed on behalf of APCRDA to provide guidance at Thulluru Office. As per Page No. 12, Clause No. 14, User charges for infrastructure in APCRDA Act needs a revision/ deletion. Due to increase in the flood levels, the low-lying areas will be affected very soon. Filling up of low-lying areas is a primary concern.  A farmer from Thulluru – 70% of people are dependent on lands. There are 3 types of lands Lanka lands, Ceiling lands and assigned lands. He asked to compensate Assigned lands on par with patta lands. Representation is provided to the O/o. Thulluru, APCRDA. Due to travelling to work there are instances of accident. Requested for a pension of INR 9,000 instead of INR 2,500 per household. Social justice to be provided equally among small and marginal farmers not only confining to large farmers.  A Civil Engineer staying in Hyderabad wanted to voice out his concerns on behalf of 50 villagers affected in R1 zone. Requested to revisit the clause on User Charges in APCRDA Act and asked about inclusion of ducts in implementation of road projects and LPS infrastructure.  Some of the displaced families requested to provide details of where lands / structures are being provided. Chennakesava Rao responded that Rehabilitation to assigned lands will be addressed as per G.O. Ms. No. 41.  A farmer from Velagapudi – Objections of 5% of people who did not participate in LPS were not addressed regarding assigned lands, land acquisition and Gramakantham issues. He requested APCRDA not to bull-doze and implement the project. 134 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  A public representative from Venkatapalem – Acknowledged the interest of World Bank to provided Financial Assistance for the development of Capital City. Time- bound resolution of concerns / problems is requested with regards to the issues of Gramakantham, inaam/ assigned/ endowment lands within 1 month. R1 zone is extended habitation and it should be kept reserved. Announcement about inaam lands; budget allocation for fee reimbursement; capital gains time limit to be clarified through announcements and press release. Implementation of flood management works to be clarified. The Capital City should be developed in such a way that the developed plots should be returned in plug and play condition. Issue related to user charges should be explained in detail.  An advocate from Thulluru – cleared that capital gains issue forwarded to Law department which will be applicable for first sale; Gramakantham issues to be resolved and clarify about LPS and LA related Award notice. Director, Strategy making presentation on the Safeguards documents Over 100 participants attended the session at Thullur, duration of the session: 2.5 hours 135 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework World Bank team observing the public consultation process Session started with an inaugural address by the Director, Lands, APCRDA 136 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework A landlord speaking during the session Director, Lands explaining the entitlements under LA and Negotiated Settlement Consultation Workshop banner Participant sharing his concerns on the safeguards document and development activities 20. Ananthavaram – 2.30 pm – 5.00 pm – 66 people were present  A farmer – 45-B Sy. No. structure in Gramakantham affected by road clarity sought on priority over Gramakantham on LPS and Negotiated Settlement Policy  Farmer – 24 cents in Gramakantham  A landlord said that they are ready to give lands after payment of compensation.  A farmer provided clarifications to the public on the project related aspects and the objective of the public consultation and he mentioned that they are eagerly waiting for these developments to happen at a faster pace. 137 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework  A woman mentioned that 2 cents of land under Poramboke category is affected and her issue has been addressed by Chennakesava Rao that as there are no patta related papers confirming her title on the 2 cents. However, this issue will be looked into and resolved in due course. Around 65 participants in public Powerpoint presentation on safeguards consultation at Ananthavaram documents Participant speaking during the session - Participants of public consultation process Gramakantham issue Participants sharing their concerns with the World Bank team 21. Venkatapalem –August 30, 2017 10.30 am – 1.00 pm – 111 people were present  A farmer from, Yerrabalem – record Sy. No. 460/1 – mentioned that his land details are not available.  A farmer from Penumaka – details about land collected and their development activities are not explained. Market value for lands in Penumaka is INR 3 crores and 138 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework in Undavalli it is INR 7 Crores but also per LARR Act 2013 not followed 4 cases are also running in High Court. 300 people from Penumaka filed a complaint. Few people have been informed and participated in SIA. Expert committee submitted report after the committee’s existence is elapsed.  A landlord from Venkatapalem – 1.5 acres of land requested to consider his grievance regarding Gramakantham  A farmer from Yerrabalem mentioned that people are not satisfied with the package. Traffic increased and no action taken. Pensions pending from Treasury Account, INR 2,500 is not sufficient and expert committee said to increase the pension to INR 9,000 will be sufficient. Action needed on this.  A landlord mentioned that not given land for LPS. Minutes given to Sub-registrar office not increased the prices. Recognition of his lands under dry category in the registers during 1887 and 1903 is incorrect. Gramakantham guidelines are not clear but 500 m. to be reserved for existing village boundaries.  A farmer said – 40 acres land 9.2 objections submitted  A landlord said that the land to a tune of 90 cents has been shown as 40 cents in registers. Commissioner, APCRDA took responsibility but did not take any action.  A farmer mentioned 1,200 acres under lift irrigation. LPS farmers are facing trouble. Gramakantham issue is not clear. Their lands need to be registered but before that land is monetized to private partners.  A landlord from Venkatapalem – has land in Venkatapalem but resident of Vijayawada Sy. No. 109 605 sq. yd. without intimation to applicant LPS notification has been issued in his absence. Gramakantham issue is not communicated properly.  A landlord from Yerrabalem – 60 cents not given to LPS. Not in Gramakantham. He is ready to give his land but requested for land to land and also provide details about where land is being given to him.  Another villager of Venkatapalem with Sy. No. 225, mentioned that land was measured properly by APCRDA but mentioned wrongly in records. Director Strategy, making powerpoint presentation on safeguards documents and over 111 participants attended the session 139 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Director, Lands providing clarity on the A landlord expressing his concerns about the entitlements under LA and Negotiated development activities in ASCCDP project Settlement Policy Participants at Venkatapalem Public Consultation 22. Neerukonda – 3.30 pm – 5.40 pm – only 26 people have signed the attendance sheet. Remaining 50+ people refused to sign the attendance sheet.  A farmer from Kuragallu – SIA survey did not happen in Neerukonda.  A farmer from Nidamarru – what were the responses provided to the objections received. They requested to provide awareness about LARR Act 2013 and Negotiated Settlement Policy. They have put forth their objections but none were addressed so far. In Nidamarru, the prices are too high per acre. What kind of special package is being provided under LA Act is to be clarified in view of the high prices.  A farmer from Nidamarru – 1 acre of land given under LPS but only 1/4th of it is being returned. What is happening to the remaining 3/4th of land taken under LPS. What is the compensation if it is the case of 75 cents only. Pollution should be avoided during development activities, cleanliness to be maintained, LPS promises to be fulfilled. Provide interest free bank loans, job opportunities with preference to Capital City residents, free health and education, skill development trainings are not being fulfilled. Land Pooling Ownership Certificate is not valid. Guidelines for interest free loans policy is not yet declared. Pension of INR 2500 is not sufficient. What is LA package. Include the option of returning 20% of developed land in LA entitlement matrix. Issue related to development / user charges and Gramakantham issues to be sorted out quickly. Road accidents are happening what precautionary measures were taken. SRM and VIT Universities – 30% - 40% local candidates are given admissions in these universities in the state of Tamil Nadu. But here till date no one from Capital City has been provided admission into these colleges as local 140 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework candidates. Job opportunities are also being given outsiders without giving any preference to the residents of Capital City. Traffic is increasing. Flyover should help in traffic diversion. Development should be done at a faster pace to overcome these difficulties. SIA report is not given properly. They requested not to force them for LA when land is not given.  A landlord mentioned that majority of people have given lands under pooling. World Bank to process the loan proposalFinal in a faster pace. Skill development training institutes to be started in all the Capital City villages. Farmers should be involved as representatives in the developmental activities.  R&R Commissioner, Guntur should not do forcible acquisition. Package in LA is not sufficient. Farmers should also support in faster development. Fee reimbursement related clarity should be provided irrespective of income and status of farmer. Degree education is being provided. Class IV job opportunities in SRM & VIT to be given preference to local residents. People have given lands voluntarily under LPS. Some farmers who did not join LPS are not satisfied. But World Bank has to process the load to Government at a faster pace. When will be the developed plots given to farmers with registration. Create job opportunities in flood management works to Capital City residents.  A farmer from Nidamarru – Jasmine gardens. They are not ready to give land under LPS. Land value is INR 5.00 Crores but we are compensated with INR 1.25 crores only. 85 farmers were forced to join LPS. Cheques were not accepted and a case is lodged in the court of law for which Stay has been issued. What will happen to cattle in Neerukonda. Land acquisition notices are given without resolving the objections submitted.  Representative from Nidamarru – there are no suitable job opportunities to SC.ST people. First a clarity needs to be given as to what kind of jobs will be made available for handicraft artisans, etc. A written response from APCRDA has to be given regarding plans drawn in the plots returned under LPS.  A woman from Neerukonda – requested to support for a faster pace of development. Director, Lands addressing the public and explaining about the objective of this public consultation at Neerukonda 141 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Director, Strategy making a powerpoint presentation on the safeguards documents A farmer expressing his concern about the A landlord expressing his suggestion to extents of lands provide skill development institute in all Capital City villages and provide finance support at a faster pace Participants expressing concern about the grievances expressed but not solved by the CA 142 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Website clipping: Intimation of Consultation Workshop Public Notice regarding public consultations on ESMF, RPF, RAP and EMP for 10 priority roads and flood management works in Eenadu dt.17.08.2017 Public notice regarding public consultations on ESMF, RPF, RAP and EMP for 10 priority roads and flood management works in Sakshi dt.17.08.2017 143 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Public Notice regarding public consultations on ESMF, RPF, RAP and EMP for 10 priority roads and flood management works in The Hindu dt.17.08.2017 144 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Public Notice regarding public consultations on ESMF, RPF, RAP and EMP for 10 priority roads and flood management works in The Hindu Dt.21.08.2017 Press Coverage in Regional Media Electronic Media coverage in Sakshi TV is available at https://www.youtube.com/watch?v=UKsly7Wfzco 145 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Print Media Coverage: The public consultations were widely covered by the regional media which are as under: Andhra Jyothi 31-08-2017 Eenadu 30.08.2017 Eenadu 31-08-2017 Sakshi 30-08-2017 146 Amaravati Sustainable Capital City Development Project Resettlement Policy Framework Map showing land parcels under LA (shown in red). The rest of the area consists of LPS area and government lands. 147