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Government of India has recently formulated the National Rehabilitation and Resettlement Policy 2007 which has wider social implication. The NRRP-2007 claims broader outlook over the earlier version of the Policy entitled, “National Policy on Resettlement and Rehabilitation for Project Affected Families, 2003. The major objectives of the Policy are as follows; |
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To minimise displacement and to promote, as far as possible, non-displacing or least-displacing alternatives; |
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To ensure adequate rehabilitation package and expeditious implementation of rehabilitation with active people’s participation
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To protect the rights of weaker sections, especially members of SCs and STs.
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To
provide better standard
of living and to ensure sustainable income to affected families
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To integrate rehabilitation concerns into the development planning and implementation process
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To facilitate harmonious relationship between the body which acquires land and the affected families through mutual cooperation.
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Chapter IV, Section 4 of NRRP-2007 states that whenever it is desired to undertake a new project or expansion of an existing project, which involves involuntary displacement of 400 or more families en masse in plain areas, or 200 or more families en masse in tribal or hilly areas, DDP blocks or areas mentioned in the Schedule V or Schedule VI of the Constitution, the appropriate Government shall ensure that a Social Impact Assessment (SIA) study is carried out in the proposed affected areas. In the case if the involuntary displacement is less than the number mentioned, adequate administrative arrangements shall be made by the appropriate Government for rehabilitation and resettlement of the affected families as per this policy.
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A detailed Rehabilitation and Resettlement Plan is required to be prepared following the specific procedures mentioned in the Policy. The Administrator for Rehabilitation and Resettlement shall submit the draft scheme or plan for rehabilitation and resettlement to the appropriate Government for its approval. Section 6.17 also points out that in case of a project involving land acquisition on behalf of a acquiring body, it shall be the responsibility of the appropriate Government to obtain the consent of the requiring body, to ensure that the necessary approvals as required under this policy have been obtained, and to make sure that the requiring body has agreed to bear the entire cost of rehabilitation and resettlement benefits and other expenditure for rehabilitation and resettlement of the affected families as communicated by the Administrator for Rehabilitation and Resettlement, before approving it. |
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The NRRP-2007 has made significant provisions for protecting the rights of vulnerable sections of the society. Section 7.21.1 states that in case of a project involving land acquisition on behalf of a requiring body which involves involuntary displacement of 200 or more Scheduled Tribes Families, a Tribal Development Plan shall be prepared. |
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As part of ensuring participation, the Policy insists that the concerned gram sabha or the panchayats shall be consulted in all areas of land acquisition. Another significant feature of the Policy is the indexation of rehabilitation grant and other benefits in which the monetary value of benefits shall be assessed based on the Consumer Price Index (CPI) of respective years. The institutional arrangements with respect to grievance redressal and also monitoring of rehabilitation and resettlement could ensure a sustainable and consistent delivery of benefits to the affected population.The following aspects may be considered for this project.They have been mentioned in NRRP but are absent in the OSRP entitlement matrix. The additional entitlements as per NRRP are given in Table ?2 1.
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Table:
Rehabilitation Assistance (Entitlements) as per National Rehabilitation and Resettlement
Policy, 2007
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Sl. No
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Category/Target Group
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Details
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Entitlement
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Maximum Entitlements for an eligible person (excluding
land cost and employment assistance)
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A
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Agricultural Land
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1
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Each displaced family owning agricultural land
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Affected families owning agricultural land in the affected area and whose entire
land has been acquired or lost
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Agricultural land or cultivable wasteland to the extent of actual land loss, subject
to a maximum of 1 ha of irrigated land or 2 ha of un-irrigated land or cultivable
wasteland
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2
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Each affected family who have been reduced to the status of
marginal farmers
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Agricultural land or cultivable wasteland to the extent of actual land loss, subject
to a maximum of 1 ha of irrigated land or 2 ha of un-irrigated land or cultivable
wasteland
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B
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Land Development
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1
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Each Khatedar
in the affected family
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In case of allotment of wasteland or degraded land in lieu of the acquired land
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One-time financial assistance of such amount as the appropriate Government may decide
but not less than Rs.15000/- per hectare
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15000
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C
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Agricultural Production
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1
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Each Khatedar
in the affected family
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In case of allotment of agricultural land in lieu of the acquired land
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One-time financial assistance of such amount as the appropriate Government may decide
but not less than Rs.10000/-
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10000
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D
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Construction of Cattle Shed
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1
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Each displaced family which is having cattle
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Financial assistance of such amount as the appropriate Government may decide but
not less than Rs.15000/-
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15000
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E
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Construction of Working Shed or Shop
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1
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Each displaced person who is a rural artisan, small trader or self-employed person
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One-time financial assistance of such amount as the appropriate Government may decide
but not less than Rs.25000/-
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25000
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F
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Employment Assistance
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1
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At least one person per affected family
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The requiring body shall give preference in providing employment in the project,
subject to the availability of vacancies and suitability of the affected person
for employment
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Arrange for training of the affected persons, so as to enable such persons to take
on suitable jobs
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Offer scholarships and other skill development opportunities to the eligible persons
from the affected families as per the criteria as may be fixed by the appropriate
Government
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Give preference to the affected persons or their groups or cooperatives in the allotment
of outsourced contracts, shops or other economic opportunities coming up in or around
the project site
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Give preference to willing landless labourers and unemployed affected persons while
engaging labour in the project during the construction phase
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2
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Affected persons
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Necessary training facilities shall be offered for development of entrepreneurship,
technical and professional skills for self employment.
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G
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Rehabilitation Grant
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1
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Each affected family
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Affected families who have not been provided agricultural land or employment
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750 days minimum agricultural wages
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60000
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H
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Subsistence Allowance
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1
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Each affected family
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25 days minimum agricultural wages per month for a period of one year from date
of displacement
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24000
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I
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Annuity Policies
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1
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Vulnerable affected persons (as per para 6.4(v) of the Policy)
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Project authorities shall, at their cost, arrange for annuity policies that will
pay a pension for life to the vulnerable affected persons
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Minimum of Rs.500 per month
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6000
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J
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Ex-Gratia
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1
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Each Khatedar
in the affected family
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In case of linear acquisitions, in projects relating to railway lines, highways,
transmission lines, laying of pipelines and other such projects wherein only narrow
stretch of land is acquired for the purpose of the project or is utilised for right
of way
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Rs.20000 in addition to the compensation or any other benefits due under the Act
or programme or scheme under which the land, house or other property is acquired
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20000
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K
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Assistance to Vulnerable Groups
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1
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Each scheduled tribe affected family
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Additional one-time financial assistance for loss of customary rights or usages
of forest produce
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500 days minimum agricultural wages
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40000
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2
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Each scheduled tribe affected family
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Those resettled out of the district
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25% higher rehabilitation and resettlement benefits in monetary terms (in respect
of items specified in paragraphs 7.9 to 7.12 of the Policy)
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3
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Affected families of scheduled tribe
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Land free of cost for community and religious gathering
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TOTAL
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225000
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Orissa Resettlement
and Rehabilitation Policy (ORRP), 2006
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The Government of Orissa has enacted an elaborate policy on resettlement and rehabilitation. The policy is applicable to all those projects which require acquisition of private land under Land Acquisition Act, 1894 or any other laws in force. The Policy has broadly divided the development projects such as (a) industrial projects, (b) mining projects, (c) irrigation projects, national parks and sanctuaries, (d) urban projects and linear projects like roads, railways, power lines, etc. and (e) any other projects. The respective types of projects have different resettlement and rehabilitation benefits based on the magnitude of the impact it redeems. With respect to urban and linear projects, rehabilitation assistance is provisioned for homestead land, house building, apart from many other assistance common to other category of projects.
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The institutional arrangements provisioned in the Policy ensure a transparent delivery of rehabilitation assistance. District and State level Compensation Advisory Committee, Rehabilitation and Periphery Development Advisory Committee (RPDAC), State Level Council on Resettlement and Rehabilitation (SLCRR) are the major institutional mechanism which offers consistent support to population adversely affected with involuntary displacement. Institutional arrangements to address grievances of project displaced people and the specific monitoring mechanism are noteworthy features of the Orissa R&R Policy.
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R & R Entitlement
Framework
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In accordance with the ORRP 2006, an entitlement framework for the project had been prepared for OSRP. This document has been prepared in concurrence with OSRP entitlement matrix. As per the framework, all titleholders and vulnerable non-titleholders’ affected families will be entitled to a combination of compensation measures and resettlement support, depending on the nature of ownership rights of lost assets and characteristics and the extent of the impact caused because of project interventions. A detailed description of the R&R measures and assistance is provided in the entitlement framework.
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Land acquisition will be done under the provisions of LA Act 1894.
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Consent award (or mutual negotiations) will be preferred for land acquisition. |
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Additional benefit to the land losers will be provided as lump sum assistance. |
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PAFs, not having alternative source of livelihood or shelter, will be assisted under the project. |
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Community properties will be enhanced /conserved by the project in consultation with the community. |
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Cut-off date for titleholders will be the date of issuance of 4(1) notification under the LA Act and for those who do not have title to the land required for the project; the cut-off date is the date of census survey. For this project stretch, the date of census survey is August, 2008. |
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Compensation and R&R support will be extended to all eligible PAFs in accordance with this R&R policy before taking possession of the acquired land and properties. All activities related to resettlement planning, implementation, and monitoring will ensure involvement of ST, SC, women and other affected vulnerable groups. R&R assistance will be provided to eligible PAFs as per the entitlement framework. All losses, including measures to restore loss of income, will be compensated within the overall R&R package as per the agreed framework. The unit of entitlement framework will be the family as defined in the State R&R policy. Replacement value will be assessed as per the procedures laid down in the Policy and agreed in framework. The entitlement of compensation and assistance will be extended to only those PAPs who are identified on or prior to the cut off date. However, during RAP implementation, if there are any revisions, this will be done subject to the approval from RPDAC.
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Table:
Entitlement Matrix for Project Affected Persons
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Type of Loss
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Unit of Entitlement
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R&R Entitlement Framework
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Agricultural
land
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Titleholder
Family
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(i)
Compensation as per LA Act.
(ii) A rehabilitation grant at Rs 50,000 per acre of unirrigated
and Rs 100,000 per acre of irrigated land with a minimum of Rs 2,500 per affected
family irrespective of the loss.
(iii)
If alternate land is provided, the cost of land will be deducted from the compensation
amount and the rehabilitation grant will be roportionately reduced
(iv)
Other Assistance
At least
3 months notice in advance of crop harvest
Compensation
for crop lost, if notice is not served in advance
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Share
cropper
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An affected
share cropper will get a sum equal to the unexpired lease period
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Homestead
(or non-agril.
land)
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Titleholder
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(i)
Compensation as per LA Act for the loss of homestead land
(ii)
If more than one-third of the structure is lost, such affected
people will be categorized as ‘displaced’.
(iii)
Those affected but not displaced will get compensation for the portion of homestead
land and structure affected by the project and permission to salvage construction
material.
(iv)
Those displaced will get
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Compensation for the structure affected (part or full)
computed at BSR without deducting depreciation
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Permission to salvage construction material
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Alternate house site (1/10th of an acre in rural areas
and 1/25th of an acre in urban areas) or cash equivalent of Rs.50,000.
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A house construction assistance of Rs 150,000
(v)
Other assistance :
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A maintenance allowance of Rs.2000 per month for a period
of one year from the date of vacation
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An assistance of Rs 10,000 towards temporary shed
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A transportation allowance of Rs 2,000
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Tenant
/ Lease holder
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Only
displaced tenant will get:
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A sum equal to two months rental in consideration of disruption
caused.
Transportation
allowance of Rs. 2,000 towards shifting household materials.
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Land
under commercial use
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Titleholder
(owner
and occupier)
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(i)
Compensation for the loss of land used for commercial purpose.
(ii)
For the structure affected (part or full), compensation will
be computed at BSR without deducting depreciation
(iii)
Permission to salvage construction material
(iv)
If more than one-third of the structure is lost, the affected business/work place
will be categorized as ‘displaced’.
(v)
Those affected but not displaced will get compensation for the portion of homestead
land lost and the structure (at BSR without depreciation) affected by the project.
(vi)
Those displaced will get
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An alternate site of 100 sq.mtr. or cash equivalent of
Rs.10,000.
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A construction assistance of Rs 25,000
(v)
Alternatively, if alternate shop/work place is allotted by the project, the displaced
will not be eligible for alternate site and construction assistance.
(v)
Other assistance:
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A transition allowance of Rs.2,000 after site vacation
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A transportation allowance of Rs 1,000
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Titleholder
(absentee landlord)
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(i)
He/she will receive only compensation for both land and structure
(ii)
Permission to salvage materials from the demolished structure.
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Tenant
/ Lease holder
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Only
displaced tenant will get:
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A sum equal to two months rental in consideration of disruption
caused.
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Transportation allowance of Rs. 1,000 towards shifting.
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Other
assets
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Owner
affected family
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Loss
of other assets will be compensated equivalent to the replacement value of the assets.
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Encroachers
(Agril. land)
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Family
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If the
public land is occupied for agril. purpose for the last 3 years, and if the affected
person is dependent on this land for the livelihood and belongs to ‘vulnerable’
groups he/she will get assistance to take up self employment activities either by
dovetailing government programs or providing an assistance of Rs 25,000 to take
up Income Generation Activity.
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Encroachers
(Non-agril. land)
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Family
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If encroached
land is used for housing and/or commercial purpose and if the affected person loses
more than one-third of the built up structure (including one’s own portion) will
be given the same R&R assistance (except compensation for the encroached land)
that is available to those ‘displaced’ by losing privately owned land and structure
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Squatters
(for homestead purpose)
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Family
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If the
public land is occupied for homestead purpose for the last 3 years, and if the affected
person has no other housing he/she will be categorized as ‘displaced’ and will get:
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Notice to remove the structure
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Alternate housing from the government housing program or
equivalent cash in lieu there of
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If no housing is provided, pay compensation for the structure
and an alternate house site or cash in lieu there of
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A transportation assistance of Rs 2,000
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A maintenance allowance of Rs 1,000 per month for 6 months
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Squatters
(for commercial)
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Family
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If the
public land is occupied for commercial purpose for the last 3 years, and has no
other place he/she will be categorized as ‘displaced’ and will get:
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Notice to remove the structure
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Alternate shopping place or equivalent cash in lieu there
of
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If no alternate shopping place is provided, pay compensation
for the structure, permission to salvage construction material and an alternate
site or cash in lieu there of
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A transportation assistance of Rs 1,000
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A maintenance allowance of Rs 2,000
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Mobile
and ambulatory vendors
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Vendor
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Ambulatory
vendors licensed for fixed locations will be considered as kiosks and each affected
vendor will get
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A sum of Rs.5000 to relocate a kiosk & start business
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NOTE: Vendors in groups (of more than 50) will be considered
for relocating in a commercial complex, if developed by the project.
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Common
infrastructure and common
Property Resources
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Community
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Community
properties will be replaced in consultation with the community
Civic
infrastructure would be replaced in consultation with the affected community and
the District/Urban/Rural administration
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Any Unforeseen
Impact
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Affected
community / persons
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Any unforeseen
impact would be mitigated/enhance as per the Orissa Resettlement and Rehabilitation
Policy 2006.
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