[go: up one dir, main page]

0% found this document useful (0 votes)
108 views139 pages

Light Rail Full PDF

Download as pdf or txt
Download as pdf or txt
Download as pdf or txt
You are on page 1/ 139

Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project

July 2018
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Contents
CHAPTER 1 Introduction .....................................................................................................................1-1
1.1 Background of the Project ..........................................................................................................1-1
1.1.1 Background of the Project ...................................................................................................1-1
1.2 Project Justification ....................................................................................................................1-3
1.3 Objectives of the proposed Project .............................................................................................1-3
1.4 Objectives of the RAP ................................................................................................................1-4
1.5 Revision, Approval and Implementation of the RAP .................................................................1-4
CHAPTER 2 Project Description ..........................................................................................................2-1
2.1 Location of the Project................................................................................................................2-1
2.2 Project Components ....................................................................................................................2-1
2.2.1 LRT Structure and Rolling Stock ........................................................................................2-1
2.2.2 Train Stations ......................................................................................................................2-2
2.2.3 Depot ...................................................................................................................................2-3
CHAPTER 3 Legal and Policy Framework on Land Acquisition and Resettlement ............................3-1
3.1 Land Acquisition Laws and Regulations in Sri Lanka ...............................................................3-1
3.1.1 Land Acquisition Act (LAA) of 1950 and its subsequent amendments ..............................3-1
3.1.2 Land Acquisition Resettlement Committee (LARC) System .............................................3-1
3.1.3 National Environmental Act of No 47 of 1980 (NEA) .......................................................3-2
3.1.4 National Involuntary Resettlement Policy (NIRP) 2001.....................................................3-3
3.1.5 Agrarian Development Act No 46 of 2000 .........................................................................3-4
3.1.6 Colombo District (Low Lying Areas) Reclamation & Development Board Act No. 15 of
1968 3-4
3.1.7 Land Acquisition Procedure in Sri Lanka ...........................................................................3-4
3.2 JICA Policies on Involuntary Resettlement ................................................................................3-6
3.3 Operational Policy of World Bank on Involuntary Resettlement (OP.4.12) ...............................3-7
3.4 Gap Analysis of Sri Lankan Laws and JICA Policies (WB.OP.4.12) .........................................3-8
3.5 Involuntary Resettlement and Land Acquisition Safeguard Principles for the Project .............3-12
3.6 Land Acquisition Process for the Project ..................................................................................3-14
CHAPTER 4 Potential Project Impacts and Alternative Analysis ........................................................4-1
4.1 Potential Impact ..........................................................................................................................4-1
4.1.1 Train Stations ......................................................................................................................4-1
4.1.2 Sharp curves ........................................................................................................................4-2
4.1.3 Depot Area ..........................................................................................................................4-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

4.2 Alternative analysis ....................................................................................................................4-4


4.2.1 No Project Option ...............................................................................................................4-4
4.2.2 Alternatives of Structural Options ......................................................................................4-4
4.2.3 LRT Alternative Routes.......................................................................................................4-6
CHAPTER 5 Potentially Affected Population and Properties (Socio Economic Survey) 5-1
5.1 Data Collection ...........................................................................................................................5-1
5.1.1 Preparatory Arrangements for the Survey ...........................................................................5-1
5.1.2 Questionnaire Form for the Survey .....................................................................................5-1
5.1.3 Survey Team........................................................................................................................5-2
5.2 Results of the Census Survey .....................................................................................................5-2
5.2.1 Affected People ...................................................................................................................5-2
5.2.2 Inventory of Losses .............................................................................................................5-4
5.3 Socio-economic Characteristics of the Affected Population ......................................................5-7
5.3.1 Population Distribution by Age and Gender .......................................................................5-7
5.3.2 Ethnicity ..............................................................................................................................5-8
5.3.3 Religion ...............................................................................................................................5-8
5.3.4 Educational Level ...............................................................................................................5-8
5.3.5 Income.................................................................................................................................5-9
5.3.6 Vulnerable Households .....................................................................................................5-10
5.4 Land and Property Ownership .................................................................................................. 5-11
5.4.1 Residential Property .......................................................................................................... 5-11
5.4.2 Private Land with Built Structures .................................................................................... 5-11
5.4.3 Private Land without Built Structures ...............................................................................5-12
5.4.4 Paddy lands .......................................................................................................................5-12
CHAPTER 6 Compensation Package ...................................................................................................6-1
6.1 Eligibility and Cut-off Date ........................................................................................................6-1
6.2 Replacement Cost Survey ...........................................................................................................6-1
6.3 Replacement Cost for Paddy Land .............................................................................................6-2
6.4 Replacement Cost for Structure ..................................................................................................6-2
6.5 Entitlement Matrix ......................................................................................................................6-3
CHAPTER 7 Compensation Strategy ...................................................................................................7-1
7.1 Project Impact .............................................................................................................................7-1
7.2 Attitudes of Affected People .......................................................................................................7-1
7.2.1 Assistance to find an alternative place. ...............................................................................7-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

7.2.2 Willingness for relocation ...................................................................................................7-2


7.2.3 Method of Compensation ....................................................................................................7-2
7.2.4 Availability of alternative place ..........................................................................................7-3
7.3 Income Restoration Program ......................................................................................................7-4
7.3.1 Livelihood and Income Restoration Strategies ...................................................................7-4
7.3.2 Business Owners and Workers ............................................................................................7-5
7.3.3 Farmers and Ande Farmers .................................................................................................7-6
7.3.4 Vulnerable Population .........................................................................................................7-7
7.3.5 Other special consideration .................................................................................................7-7
7.3.6 Organization to Implement IRP ..........................................................................................7-7
7.3.7 Schedule of IRP Implementation ........................................................................................7-8
CHAPTER 8 Stakeholder Engagement .................................................................................................8-1
8.1 Introduction ................................................................................................................................8-1
8.1.1 Information Dissemination and Notification.......................................................................8-1
8.1.2 Stakeholder Engagement Strategy ......................................................................................8-3
8.2 Initial Stakeholder Meeting ........................................................................................................8-4
8.3 Awareness Programs ...................................................................................................................8-5
8.3.1 Awareness Programs for Local Government Officials (DS and GN Level) .......................8-5
8.3.2 Awareness Meetings for PAPs ............................................................................................8-6
8.3.3 Public Engagement Meetings..............................................................................................8-6
8.4 Focus Group Discussions ...........................................................................................................8-7
8.5 Consultation of PAPs ..................................................................................................................8-7
8.6 Consideration of Stakeholders’ Feedback ...................................................................................8-8
CHAPTER 9 Grievance Redress Mechanism .......................................................................................9-1
9.1 Establishing Grievance Redress Committees .............................................................................9-1
9.1 Public Complaint Review Mechanism (PCRM) .....................................................................9-1
9.2 Grievance Redress Committees (GRCs) .................................................................................9-1
9.2.1 GRC Composition ...............................................................................................................9-2
9.2.2 GRC system during operational stage .................................................................................9-2
9.2 Operational Aspects of GRC ......................................................................................................9-2
9.3 Other agencies that the APs could forward their grievances ......................................................9-3
CHAPTER 10 Institutional Arrangement ..........................................................................................10-1
10.1 General......................................................................................................................................10-1
10.2 Ministry of Megapolis and Western Development (MMWD) ..................................................10-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

10.2.1 Project Management Unit (PMU) for the Project .............................................................10-1


10.3 Divisional Secretaries (DS) ......................................................................................................10-2
10.4 Department of Survey ...............................................................................................................10-3
10.5 Department of Valuation ...........................................................................................................10-3
10.6 Land Acquisition Resettlement Committee (LARC) ................................................................10-4
10.7 RAP Approval Process..............................................................................................................10-5
10.8 RAP Implementation Structure .................................................................................................10-6
CHAPTER 11 Cost and Budget ........................................................................................................ 11-1
11.1 Cost Estimation for Land Acquisition and Resettlement .......................................................... 11-1
11.2 Rates and Conditions used in the Cost Estimation ................................................................... 11-1
11.3 Budget Allocation ..................................................................................................................... 11-1
CHAPTER 12 Implementation Schedule ..........................................................................................12-1
CHAPTER 13 Monitoring and Evaluation ........................................................................................13-1
13.1 General......................................................................................................................................13-1
13.2 Internal Monitoring...................................................................................................................13-2
13.3 External Monitoring..................................................................................................................13-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

List of Figures

Figure 1.1 Proposed RTS Network .................................................................................................1-2


Figure 2.1 Proposed LRT Route .....................................................................................................2-1
Figure 2.2 Components of the LRT Structure .................................................................................2-2
Figure 2.3 Image of an LRT Train Station ......................................................................................2-3
Figure 2.4 Conceptual Images of the Depot Area ...........................................................................2-4
Figure 2.5 Proposed Layout for the Depot Area .............................................................................2-5
Figure 4.1 Potentially Affected Structures in the Proposed Lumbini Station .................................4-2
Figure 4.2 Potentially Affected Structures in sharp curves .............................................................4-3
Figure 4.3 Land that need to be acquired for the depot area ...........................................................4-3
Figure 4.4 Sections of Alternative Route Analysis .........................................................................4-6
Figure 4.5 Two alternative routes between Borella and Maradana .................................................4-6
Figure 4.6 Catchment area of LRT Stations of Alternative Route and Other RTS Lines................4-7
Figure 4.7 Sections for Alternative Analysis (Cotta Road and Sethsiripaya) .................................4-8
Figure 4.8 Two alternative routes on Ceremonial approach section ...............................................4-9
Figure 4.9 Alternative analysis in Thalangama EPA ....................................................................4-10
Figure 5.1 Composition of the Survey Team ..................................................................................5-2
Figure 10.1 RAP Implementation Structure..................................................................................10-6

List of Tables

Table 3.1 Land acquisition process and relevant agencies ..............................................................3-5


Table 3.2 Gap Analysis of Sri Lankan Laws/Policues and JICA Policies (WB.OP.4.12) ...............3-8
Table 3.3 Land Acquisition Process for the LRT Project & Responsible Entities ........................3-14
Table 4.1 Alternative of structural option .......................................................................................4-4
Table 4.2 Alternatives analysis in Maradana-Borella Section ........................................................4-7
Table 4.3 Alternatives analysis in Kotte-Sethsiripaya Section .......................................................4-8
Table 4.4 Alternatives analysis in Thalangama Area ....................................................................4-10
Table 4.5 Alternative analysis for Depot.......................................................................................4-12
Table 5.1 Affected Residents, Business Owners and Workers ........................................................5-3
Table 5.2 Affected Farmers and their Families ...............................................................................5-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 5.3 Summary of Affected Land .............................................................................................5-4


Table 5.4 Summary of Affected Residential and Commercial Structures .......................................5-6
Table 5.5 Population Distribution by age and gender .....................................................................5-7
Table 5.6 Surveyed population by ethnicity in GDs .......................................................................5-8
Table 5.7 Surveyed population by religious in GDs .......................................................................5-8
Table 5.8 Surveyed population by educational level in GDs ..........................................................5-9
Table 5.9 Distribution of monthly income (Rs) for business owners............................................5-10
Table 5.10 Distribution of monthly income (Rs) for paddy land owners and farmers..................5-10
Table 5.11 Status of vulnerability ................................................................................................. 5-11
Table 6.1 Land value provided by Provincial Income Department .................................................6-1
Table 6.2 Land value provided by Grama Niladaries......................................................................6-2
Table 6.3 Land value obtained from real estate ..............................................................................6-2
Table 6.4 Rates to be used for calculating approximate replacement costs of structure. ................6-3
Table 6.5 Entitlement Matrix ..........................................................................................................6-4
Table 7.1 Willingness to get assistance to find an alternative place ...............................................7-2
Table 7.2 Willingness for relocation ...............................................................................................7-2
Table 7.3 Method of compensation .................................................................................................7-3
Table 7.4 Availability of alternative place ......................................................................................7-3
Table 7.5 Indicative Schedule of IRP Implementation....................................................................7-8
Table 8.1 Summary of Initial Stakeholder Meeting ........................................................................8-4
Table 8.2 Summary of Awareness Program for DS and GNs .........................................................8-5
Table 8.3 Summary of Awareness Program for PAPs .....................................................................8-6
Table 8.4 Summary of Public Engagement Meeting ......................................................................8-6
Table 8.5 Summary of Focus Group Discussions ...........................................................................8-7
Table 8.6 Summary of Consultation with PAPs ..............................................................................8-7
Table 8.7 Summary of Consultation with PAPs ..............................................................................8-8
Table 8.8 Consideration of Stakeholder Feedback ..........................................................................8-9
Table 10.1 Institutional Responsibilities in the Resettlement Process ..........................................10-5
Table 11.1 Cost estimation for land acquisition and resettlement ................................................. 11-2
Table 12.1 Implementation Schedule ............................................................................................12-2
Table 13.1 Proposed External Monitoring ....................................................................................13-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

List of Abbreviations

AP Affected Person
BSR Building schedule of Rates
CBD Central Business District
CBO Community Based Organization
CEA Central Environmental Authority
CEB Ceylon Electricity Board
CMC Colombo Municipal Council
COD Cut-off Date
CSC Construction Supervision Consultant
DP Displaced Person
CoMTrans Urban Transport System Develop Project for Colombo Metropolitan Region and
Suburbs
CV Chief Valuer
DS Divisional Secretariat
DSD Divisional Secretariat Division
EIA Environmental Impact Assessment
EMA External Monitoring Agency
EMMP Environmental Monitoring Management Plan
EPA Environmental Protected Area
FGD Focus Group Discussion
GDP Gross Domestic Product
GN Grama Niladhari
GOSL Government of Sri Lanka
GRC Grievance Redress Committee
GRM Grievance Redress Mechanism
HRC Human Right Commission
IDB Industrial Development Board
IOL Inventory of Loss
IRP Income Restoration Programme
JICA Japan International Cooperation Agency
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

JICA GL Japan International Cooperation Agency Guidelines


LAA Land Acquisition Act
MLLD Ministry of Land and Land Development
LARB Land Acquisition Compensation Review Board
LARC Land Acquisition and Resettlement Committee
LECO Lanka Electricity Company (Pvt) Ltd
LRT Light Rail Transit System
MLPR Ministry of Lands and Parliamentary Reform
MMWD Ministry of Megapolis and Western development
MOL & PA Ministry of Land and Parliamentary Activities
NAITA National Apprentice Industries Training Authority
NEA National Environmental Act
NGO Non-Government Organization
NIC National Identity Card
NIRP National Involuntary Resettlement Policy
OP Operational Policy (World Bank’s)
PAH Project Affected Household
O&M Operation and Maintenance
PAP Project Affected Person
PCRM Public Complaint Review Mechanism
PMU Project Management Unit
PPR Project Progress Report
PPC Parliamentary Petition Committee
RAP Resettlement Action Plan
RCS Resettlement Cost Survey
RDA Road Development Authority
RU Resettlement Unit
ROW Right Of Way
RTS Rapid Transit System
SES Social Economic Survey
SLARC Super Land Acquisition and Resettlement Committee
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

SLLRDC Sri Lanka Land Reclamation and Development Corporation


SLR Sri Lanka Railway
SM Samatha Mandalaya / Board of Mediation
STEP Special Term for Economic Partnership
UDA Urban Development Authority
WB World Bank
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
May 2018

Definitions
The definitions used in this RAP are:
1. “Affected Person (AP)” and “Project Affected Person (PAP)” includes any person, households,
firms or private institutions who, on account of changes that result from the project will have their (i)
standard of living adversely affected; (ii) right, title, or interest in any house, land (including
residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other
moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in
part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or
habitat adversely affected, with or without displacement.

2. “Compensation” means cash or payment-in-kind to which the affected persons are entitled, in order to
replace the cost of the assets, resources or income, at the time of Cut-off date (e.g. replacement of
land at replacement value, either with land-for-land of equivalent size or productivity, or payment of
cash equivalent to the full replacement value). If land is not available or the PAPs choose cash,
compensation includes the replacement value of lands, buildings, plants and/or other assets connected
with the land impacted by land acquisition activities of the Project.

3. “Cut-off date” (COD) means the date after which eligibility for compensation or resettlement
assistance will not be considered.

4. “Economic displacement” means loss of income streams or means of livelihood resulting from land
acquisition or obstructed access to resources (e.g. land, water or forest due to construction or
operation of a project or its associated facilities).

5. “Eligibility” means the criteria for qualification to receive benefits under the Resettlement Action
Plan.

6. “Entitlement” means the range of measures comprising compensation, assistance, including income
restoration programme, transfer assistance, resettlement assistance and assistance to the vulnerable
groups, etc., in order to achieve the objectives of the Resettlement Action Plan.

7. “Income Restoration Programme” means an effort/activity to improve the economic and social skills
of PAPs so that they can improve their standards of living or at least achieve equal standards of living
to their previous situation, as measured before Project implementation. The assistance includes efforts
to handle difficulties during the transition period.

8. “Involuntary Resettlement” means the unavoidable displacement of people arising from the project
that creates the need for rebuilding their livelihood, income and asset bases in another location. It
includes impacts on people whose livelihood and assets may be affected without displacement.

9. “Land acquisition” means an activity by any level of Government to obtain land for the Project by
means of compensation to parties who release land, buildings, tree crops and/or other assets related to
the land.

10. “Resettlement” means an effort or activity to relocate the Project Affected Persons and their movable
assets to a new location that meets their requirements for settlement and that enables PAPs to develop

I
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

a better or equal standard of living compared to their previous one.

11. “Replacement cost" is an estimated compensation cost based on the method of valuation of assets that
helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying
this method of valuation, depreciation of structures and assets should not be taken into account. (the
World Bank OP 4.12 Annex A, footnote 1)

12. “Replacement Cost Survey” (RCS) means the survey for determining the replacement cost of land,
houses and other affected assets by independent evaluators.

13. “Resettlement Action Plan” (RAP) is a time bound plan with budget in which the project proponent
or other responsible entity specifies the procedures that it will follow and the actions (resettlement
strategy, objectives, options, entitlements, actions approvals, responsibilities, monitoring and
evaluation) that it will take to mitigate adverse effects, compensate losses, and provide development
benefits to persons and communities affected by the implementation of the project.

14. “Resettlement Assistance” means support provided to people who are physically displaced by the
project. Assistance may include transportation, food, shelter and social services that are provided to
affect persons during their relocation. It may also include cash allowance that compensate affected
persons for the inconvenience associated with resettlement and defray the expense of a transition to a
new location, such as moving expenses and lost work days.

15. “Socioeconomic Survey” (SES) means a survey to be conducted in the early stages of project
preparation and with the involvement of potentially displaced people. This includes (i) the results of a
census survey covering current occupants of the affected area, standard characteristics of displaced
households, the magnitude of the expected loss of assets, information on vulnerable groups/persons,
and information on the displaced livelihoods and standards of living; and (ii) other studies describing
land tenure and transfer systems, the patterns of social interaction in the affected communities,
affected public infrastructure and social services, social and cultural characteristics of displaced
communities. (The World Bank OP 4.12 Annex A, para 6.)

16. “Stakeholders” means all individuals, groups, organizations and institutions interested in and
potentially affected by the project or a specific issue, in other words, all parties who have a stake in a
particular issue or initiative.

17. “Vulnerable groups” means distinct groups of people who might suffer disproportionately from the
impacts of the project, such as the old, the disabled or the handicapped, isolated groups, single head
of households, women headed families, those below the poverty line, the landless, indigenous peoples,
ethnic minorities.

II
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 1 Introduction

1.1 Background of the Project


The introduction of the Light Rail Transit (LRT) system is a proposed project to be implemented
by the Ministry of Megapolis and Western Development (MMWD). The LRT Project (otherwise
referred to as “the Project”) is an elevated railway system that connects strategic locations and
transport hubs from Fort to Malabe (e.g. Borella, Battaramulla). The proposed Project consists of
an electrically operated train which runs on and elevated platform made of concrete pillars and
concrete/steel beam. The center pillars of LRT mostly follow the centerlines of the existing roads.
Besides the LRT route and 16 train stations, a depot area will be built in West Malabe for the
maintenance and storage of trains (rolling stocks).

1.1.1 Background of the Project

Since the establishment of the new government of Sri Lanka (GoSL) in January 2015, the
Ministry of Megapolis and Western Development (hereinafter referred to as “MMWD”) which is
responsible for planning the urban development in the Colombo Metropolitan Area1 has set out
the “Western Region Master Plan - 2030”. A priority concern of this master plan is to solve traffic
congestion in Colombo Metropolitan Area by introducing an alternative public transport system.
According to the Urban Transport System Development Project for Colombo Metropolitan
Region and Suburbs (CoMTrans), among seven major corridors towards the city center, Malabe
Corridor is observed to have the highest density of private cars and the lowest travel speed at peak
hours. Based on the results of ComTrans and the Megapolis Transport Master Plan, the Rapid
Transit System (RTS) has been identified as an option to improve public transportation.
The Megapolis Transport Master Plan lays out an RTS network, composed of seven lines, that
stretches out to Colombo’s suburban areas (see Figure 1.1). This network was formulated based
on several factors such as the country’s economic development, population growth, and projected
transport conditions (e.g. traffic volume in major corridors, modal share, and connectivity with
other public transport mode).
Within the RTS network, the GoSL made an official request for an ODA loan to the government
of Japan to fund the section covering the Northern part of the circular line of RTS-1 and RTS-4,
which run along Malabe Corridor. The proposed Colombo Light Rail Transit (LRT) system which
constitutes part of RTS-1 and RTS-4, will be under the Special Term for Economic Partnership
(STEP) between the two governments.

1
Colombo Metropolitan Area is defined as area covered by the following Municipal Councils: Colombo,
Thimbirigasyaya, Sri Jayawardenapura Kotte, Kaduwela, Dehiwala-Mount Lavinia and Moratuwa, and surrounding
suburbs.

1-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Source: Transport Master Plan (MMWD)


Figure 1.1 Proposed RTS Network

1-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

1.2 Project Justification


In Sri Lanka, over 90% of people and cargo transport depends on road networks. Around 42% of
GDP and 29% of the population are concentrated in the capital Colombo, especially in the
Western provinces which has achieved solid economic growth since the end of civil war.
The number of traffic modes utilizing road networks such as automobiles, buses and motorcycles
has been rapidly increasing. About 1 million people are entering into the center of Colombo every
day, resulting in severe traffic congestion in Colombo and its surroundings. During morning and
evening time, travel speed is observed less than 20 km/h, which is defined as traffic congestion.
There are roads with less than 10 km/h travel speed which means that that current urban transport
network may be reaching its limits. Malabe corridor is one of the most congested corridors in
Colombo.
Moreover, based on the results of CoMTrans, travel time between Fort Lake House Junction and
Battaramulla Junction can reach up to 40-50 minutes during peak hours, when it would only take
about 15 minutes to travel the same distance during off peak hours. It means travel time increase
by about 2-3 times. Such decline in traffic mobility will adversely affect the economic activity of
the Colombo Metropolitan Area and it would create negative impact on the national economy.
The approach to develop roads cannot solve the traffic issue alone. Based on the current dense
traffic condition at major roads in Colombo City, and from the efficiency of public transportation
over private vehicles (in terms of transporting more people in a period of time), introduction of a
new mode of public transportation system is urgently necessary. In particular, a railway based
public transportation system is desired.

1.3 Objectives of the proposed Project


The main objective of the Project is to improve traffic conditions in Colombo metropolitan area
by providing a comfortable, safe and reliable mode of public transportation. The proposed LRT
route particularly targets to connect strategic locations and transportation hubs such as Fort, Town
Hall/National Hospital, Borella, Sethsiripaya/Battaramulla, and Malabe. Access to business
centers, schools, hospitals and government offices (e.g. NIC, passport office) will be easier and
transfer to other modes of transportation (e.g. provincial buses and railway) will also be
convenient.
With the LRT project, travel time from Malabe to Fort will be cut to approximately 30 minutes.
The reliability of travel time (not affected by road traffic) and ease of commute can enable
commuters to travel comfortably. The proposed LRT system will serve the transport needs of
people, particularly those who travel to and from Colombo via Malabe Corridor.
In addition, with the adoption of the LRT Project, traffic condition along the route will be reduced.
Private vehicle users may be converted into using this alternative public transportation. This can
lead to improved air quality and reduce economic losses due to traffic (e.g. gasoline consumption,
maintenance of vehicles).
In a nutshell, the Project is aimed at:

1-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

 Easing traffic congestion in Colombo and its surrounding areas;


 Reducing travel time of passengers and commuters;
 Improving connectivity of strategic locations and transport hubs;
 Increasing accessibility of places along the route;
 Providing a comfortable, reliable and safe alternative mode of public transportation; and
 Enhancing air quality by reducing greenhouse gas emissions from the transport sector

1.4 Objectives of the RAP


This Resettlement Action Plan (RAP) primarily presents impacts of land and/or property
acquisition that will be needed by the proposed LRT system, and at the same time provides a
framework that would address and mitigate those impacts. The RAP is aimed at improving or at
least restoring the standard of living of the project affected persons (PAPs), whose properties,
assets and livelihoods, may be affected by the Project. In order to compensate for those impacts,
this RAP lays out proposed entitlements (including opportunities for livelihood restoration),
implementation plan, engagement methods, and grievance mechanism. It also sums up
compensation costs that need to be included in the total project cost.
The process undertaken to develop this RAP has been consultative. It is a product of several
consultations with various parties, taking into account their views and concerns. This RAP is a
strong reconfirmation of the established agreements and understanding on the compensation
entitlements (e.g. eligibility, compensation package, methodologies of compensation calculation
and participatory approaches). Also, it is an expression of commitment by the project executing
agency towards the affected persons of the Project.

1.5 Revision, Approval and Implementation of the RAP


It is important to note that Project-related impacts and the extent of required land/asset acquisition
will depend on the Project’s detailed design. Thus, provisions stated here is not limited to the
impact identified at this point. It should be recognized that this RAP is an evolving document. It
will be updated and revised to incorporate impacts that may arise from unforeseen events and
significant changes in the Project details. It can also be changed to take into account opinions and
perceptions from PAPs and other relevant stakeholders. However, the framework of approach for
compensation, such as entitlement matrix, will be kept
Upon revision, the RAP will be reviewed and approved by authorities of the project executing
agency (MMWD) as well as the financing agency(ies), including JICA. Land acquisition and
resettlement for the Project shall be implemented based on the latest version of the RAP.

2-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 2 Project Description

2.1 Location of the Project


The LRT System will connect strategic locations and transport hubs in Colombo Metropolitan
Area, such as Malabe, Battaramulla, Borella and Fort/ Pettah. The location of the proposed LRT
route is shown in Figure 2.1 below. The route covers four Divisional Secretariat Divisions –
Colombo, Thimbirigasyaya, Sri Jayawardenapura Kotte, and Kaduwela. The detailed LRT route is
shown in Annex A.

Source: JICA Study Team


Figure 2.1 Proposed LRT Route

2.2 Project Components


2.2.1 LRT Structure and Rolling Stock

The 16km elevated LRT structure will be built primarily on existing roads, specified in the

2-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

proposed route (Figure 2.1). The cross-section of the railway track is shown in Figure 2.2. The
LRT structure consist the foundation, the pillar/pier, and the super structure that supports the
railway track (girder). The width of LRT structure is 8.4m and additional 2m will be secured at
both sides as Right of Way (ROW), therefore total 12.4m is taken as ROW for the LRT structure.
Approximately 25 trains will be used. Each train is composed of 4 up to 6 cars (rolling stock),
depending on the operation stage. Images of the proposed LRT train (rolling stock) are also shown
in Figure 2.2.

Note: Dimensions in mm
Source: JICA Study Team
Figure 2.2 Components of the LRT Structure

2.2.2 Train Stations

The proposed LRT System will have 16 train stations from Fort to Malabe. The cross-section
image of the elevated train station is shown in Figure 2.3. The width of the platform is
approximately 4m and the required width for the train station structure is approximately 14.5m.
These dimensions include the space for ticket booth, ticket gates and stairs to the concourse. The
minimum height of the station is also set at 5m.

2-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

The conceptual exterior and interior images of the proposed LRT train station are also shown in
Figure 2.3.

Note: Dimensions in mm
Figure 2.3 Image of an LRT Train Station

2.2.3 Depot

Depot area will serve as a parking lot for the rolling stocks and as a maintenance area to inspect,
repair and prepare rolling stocks for operation. The proposed depot site is located in Malabe area.
The site, approximately 15 ha of land, mainly consists of paddy land and abandoned land. Since
the area is a water catchment area, the depot will be built on an elevated structure supported by
pillars. Conceptual images of the planned depot platform are shown in Figure 2.4.
The proposed location and layout for the depot area are shown in Figure 2.5. It consists of parking
spaces for trains (stabling tracks), sheds for heavy and light maintenance, wastewater treatment
system, power station, and administrative building.

2-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

(a) Top View of Depot Area

(b) Side View of Depot Area

Figure 2.4 Conceptual Images of the Depot Area

2-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Source: JICA Study Team


Figure 2.5 Proposed Layout for the Depot Area

2-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 3 Legal and Policy Framework on Land Acquisition and


Resettlement

3.1 Land Acquisition Laws and Regulations in Sri Lanka


3.1.1 Land Acquisition Act (LAA) of 1950 and its subsequent amendments

The Land Acquisition Act of 1950 stipulates general provisions for land acquisition procedures in
Sri Lanka. It has been amended through time. It only provides compensation for lost assets such
as land, structures and crops. It does not require project executing agencies to address key
resettlement issues such as:
(a) Exploring alternative project options that avoid or minimize impacts on people;
(b) Compensating those who do not have title of land;
(c) Consulting affected persons on resettlement options;
(d) Providing for successful social and economic integration of the project affected persons and
the host communities of the relocation site;
(e) Full social and economic rehabilitation of the affected persons.
Land Acquisition Regulations 2008 provides for the payment of compensation at market rates for
lands and built structures. The Regulations consider development potential of lands and also take
into account compensation for tenants. It also stipulates compensation for disturbances and other
expenses such as transaction costs and displacement.

3.1.2 Land Acquisition Resettlement Committee (LARC) System

Land Acquisition and Resettlement Committee (LARC) system was used by several government
projects in the past, like the Southern Transport Development Project. In this system, additional
allowance was provided, in addition to statutory compensation decided by Chief Valuer during the
land acquisition process under LAA. This additional allowance is determined through a
consultative process with the participation of project affected persons (PAPs). One of main role of
LARC system is to make compensation cost as replacement cost. However, with the introduction
of 2008 regulation revision by Gazette Notification No.1585/7 on 20th January 2009 to LAA, the
LARC review system was abolished.
Although the 2008 Regulation stipulates the approach for compensation (e.g. ex gratia), the
capacity of the CV (Chief Valuer), who assesses compensation in each DS is insufficient. Also,
there have been issues related with the compensation evaluated by the CV. Due to some practical
issues raised regarding the compensation payment process under the 2008 Regulation, the LARC
system has been reintroduced under the Land Acquisition Regulation 2013, No.1864/54-2014, but
only for specified projects approved by the Cabinet.
Under the LARC system, compensation is evaluated by the member of relevant parties (CV, DS
etc). The PAPs will be called by the respective DS after section 17 of LAA process, to participate

3-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

in the LARC meeting.


Based on the discussion above, the LARC system was deemed better compared to the 2008
Regulations in providing space for PAPs to present their grievances. MMWD applied for the
implementation of the LARC System to the project. The cabinet approval through cabinet paper
no. 17/1654/724/064 and a memorandum dated 2017.07.19, have been obtained for this project
(refer Annex B).

(1) Land Acquisition Resettlement Committee (LARC, Divisional Level)

The LARC committees are appointed at the respective Divisional Secretary’s division in which
land will be acquired. The committee consists of the following officers:
 Divisional secretary or Assistant Divisional Secretary of the relevant Divisional
secretary’s Division
 Surveyor General or his nominee
 Chief Valuer or his nominee
 Officer from the Project Office

PAPs will be provided an opportunity to make their representation at the proceedings of the
LARC.

(2) Super LARC (Ministerial Compensation Appeal Board)

If the Project affected person is not satisfied with the decision made by the LARC, he/she can file
an appeal to the Land Acquisition and Resettlement Special Committee (“Super LARC”). The
Super LARC has the power to amend the assessment made by LARC, while reconsidering the
claims of the PAP. The committee consists of following officers:
 Secretary of Ministry of Megapolis
 Secretary of Land and Land Development
 Secretary of Ministry of Finance or his representative
 Chief Valuer or his representative
 Survey General or his representative
 Chairman or chief executive officer of the Project

3.1.3 National Environmental Act of No 47 of 1980 (NEA)

The National Environment Act (NEA) No.47 of 1980, amended by Act No 56 of 1988 has some

3-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

provisions relevant to involuntary resettlement. The Minister has by gazette notification No.
859/14 of 23.03.1995 determined the projects and undertakings for which the Central
Environment Authority (CEA) approval is needed in terms of Part 1V C of the NEA. The schedule
includes Item 12 which refers to “involuntary resettlement exceeding 100 families” that will
require preparation of an Environmental Impact Assessment.

3.1.4 National Involuntary Resettlement Policy (NIRP) 2001

As described in above, people without titles to the land and other dependents on land cannot be
assisted under the LAA. In order to make sure that people affected by development projects are
treated in a fair and equitable manner, as well as to address the gaps to international best practice,
the Government of Sri Lanka (through the Cabinet of Ministers) adopted the National Policy on
Involuntary Resettlement (NIRP) on 24th May 2001, and thereby established a framework for
involuntary resettlement in the project planning and implementation stage. NIRP is also aligned
with JICA`s safeguard policy, and it also highlights the need for consultation of Project Affected
Persons (PAPs) and their participation in the resettlement process actively.
The basic principles of the NIRP include the following:
 Involuntary resettlement should be avoided or reduced as much as possible by reviewing
alternatives to the project as well as alternatives within the project.
 Where involuntary resettlement is unavoidable, affected people should be assisted to
re-establish themselves and improve their quality of life.
 Gender equality and equity should be ensured and adhered to throughout the policy.
 Affected persons should be fully involved in the selection of relocation sites, livelihood
compensation and development options at the earliest opportunity.
 Replacement land should be an option for compensation in the case of loss of land; in the
absence of replacement land cash compensation should be an option for all affected
persons
 Compensation for loss of land, structures, other assets and income should be based on full
replacement cost and should be paid promptly. This should include transaction costs.
 Resettlement should be planned and implemented with full participation of the provincial
and local authorities.
 To assist those affected to be economically and socially integrated into the host
communities; participatory measures should be designed and implemented.
 Common property resources and community and public services should be provided to
affected people.
 Resettlement should be planned as a development activity for the affected people.
 Affected persons who do not have documented title to land should receive fair and just
treatment.

3-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

 Vulnerable groups should be identified and given appropriate assistance to substantially


improve their living standards.
 Project Executing Agencies should bear the full costs of compensation and resettlement.

NIRP requires that a comprehensive Resettlement Action Plan (RAP) be prepared where 20 or
more families are displaced. In case where less than 20 families are displaced, the NIRP still
requires a RAP with less level of detail.

3.1.5 Agrarian Development Act No 46 of 2000

Agrarian Development Act No 46 of 2000 provides for matters relating to land owners and tenant
cultivators of paddy lands, for the utilization of agricultural lands in accordance with agricultural
policies; for the establishment of agrarian development councils, for the establishment of a land
bank; for the establishment of agrarian tribunals, for the repeal of the Agrarian Services Act No
58of 1979, and for matters connected therewith or incidental there to. The Act describes:
 The rights of persons who cultivate paddy lands.
 Utilizing agricultural lands in accordance with agricultural policies
 Appointment and powers and duties of the Commissioner General, other commissioners
and agrarian development officers.
 Establishment of Agrarian Tribunals
 Institutional structure of farmers organizations
 Agrarian Development Councils
 Irrigation work and the management of irrigation water

3.1.6 Colombo District (Low Lying Areas) Reclamation & Development Board Act No. 15 of 1968

The Land Reclamation and Development Corporation (SLLRDC) established under this Act has
the power to declare low lying areas within the Colombo district as flood protection areas. The
Act was amended by Law No. 27 of 1976, Act No. 52 of 1982 and Act No. 35 of 2006.

3.1.7 Land Acquisition Procedure in Sri Lanka

The LAA (1950) stipulates the process for the land acquisition, as shown in Table 3.1 below.
Project execution/implementation agency (Applicant Ministry) prepares the land acquisition
application and then submits the application to the Ministry of Lands and Parliamentary Reforms
(MLPR) together with the RAP. MLPR is responsible for the overall implementation of land

3-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

acquisition under the LAA. MLPR/project proponent shall coordinate with each related Divisional
Secretary regarding the involvement of affected people, including notification, inquiries on
compensation and payment of compensation.
The Department of Survey is the responsible agency for conducting a survey of affected land as
per the RAP and prepares survey plans which are given with tenement list (list of persons
claiming ownership for land/structures). As per valuation of land, the Department of Valuation
plays a role in the valuation of land to be acquired for the proposed project. After compensation is
paid by the Divisional Secretary, the land is taken over by Divisional Secretary/Applicant
Ministry.
The operational procedures of the LAA are as follows and the LRT project will follow the process
step by step without initial enforcement of section 38.a (emergency acquisition).

Table 3.1 Land acquisition process and relevant agencies

Step Agency in Charge Activity


Acquisition Applicant Institution Forward the application through the
Application respective Ministry
Section 2 Direction MLPR Grant authority to enter the land and the
decision of Hon. Minister that the particular
land is needed for a public purpose.
Section 2 Notice Divisional Secretary Publish the notice in the surrounding area.
Advance Tracing Superintendent of
Surveys
Section 4 Direction MLPR Inviting objections from the land owners and
decision of the Hon. Minister for
investigation
Section 4 Notice Divisional Secretary Publish the notice inviting objections
Objection Inquiry Applicant Ministry Forward recommendations after conducting
investigations on objections
Section 5 Declaration MLPR Decision of the Hon. Minister of Lands that
the land is to be acquired
Section 5 Notice Divisional Publish a gazette notice that Hon. Minister of
Secretary/Government Land decided that the land is to be acquired
Printer
Final plan Superintendent of
Survey
Section 7 Gazette Divisional Invitation notice to investigate the title of the
Notice Secretary/Government land.
Printer
Section 9- Inquiry into Divisional Secretary Investigating title
Title
Section 15 Notice Divisional Secretary Publish the notice in the surrounding area.
Section 10- Decision Divisional Secretary Determine the title

3-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

on Title
Valuation Valuation Department
Section 17 – Awarding Divisional Secretary
Compensation
Payment of Divisional Secretary Allocate financial provisions from the MLPR
Compensation or the relevant Institution and make
payments to the land owner
Gazetting 38 Order MLPR Take over the land’s possession to the
Government
Taking undisturbed Divisional Secretary Take over the procession and hand it over to
possession the applicant institution
Section 44 Vesting Divisional Issue vesting certificate to the Institution
Certificate/Registration Secretary/Registrar concerned, after payment of compensations
of State Ownership General to the land owners
Source: Ministry of Lands and Parliamentary Reforms

3.2 JICA Policies on Involuntary Resettlement


The JICA Guidelines states the policies on involuntary resettlement. Key principles of JICA
policies on involuntary resettlement are summarized below.
 Involuntary resettlement and loss of livelihood are to be avoided whenever feasible by
exploring all viable alternatives.
 When population displacement is unavoidable, effective measures to minimize the impact
and to compensate for losses should be taken.
 People who must be resettled involuntarily and people whose means of livelihood will be
hindered or lost must be sufficiently compensated and supported, so that they can improve
or at least restore their standard of living, income opportunities and production levels to
pre-project levels.
 Compensation must be based on the full replacement cost2 as much as possible.

2
Description of “replacement cost” is as follows.
Land Agricultural The pre-project or pre-displacement, whichever is higher, market value of land of equal productive
Land potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels
similar to those of the affected land, plus the cost of any registration and transfer taxes.
Land in The pre-displacement market value of land of equal size and use, with similar or improved public
Urban infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any
Areas registration and transfer taxes.
Structure Houses and The market cost of the materials to build a replacement structure with an area and quality similar or
Other better than those of the affected structure, or to repair a partially affected structure, plus the cost of
Structures transporting building materials to the construction site, plus the cost of any labor and contractors’ fees,
plus the cost of any registration and transfer taxes.
(Source: World Bank OP 4.12 Annex A footnote1)

3-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

 Compensation and other kinds of assistance must be provided prior to displacement.


 For projects that entail large-scale involuntary resettlement, resettlement action plans must
be prepared and made available to the public. It is desirable that the resettlement action
plan include elements laid out in the World Bank Safeguard Policy, OP 4.12, Annex A.
 In preparing a resettlement action plan, consultations must be held with the affected
people and their communities based on sufficient information made available to them in
advance. When consultations are held, explanations must be given in a form, manner, and
language that are understandable to the affected people.
 Appropriate participation of affected people must be promoted in planning,
implementation, and monitoring of resettlement action plans.
 Appropriate and accessible grievance mechanisms must be established for the affected
people and their communities.

3.3 Operational Policy of World Bank on Involuntary Resettlement


(OP.4.12)
Above principles are complemented by the World Bank OP 4.12, since it is stated in the JICA
Guideline that “JICA confirms that projects do not deviate significantly from the World Bank’s
Safeguard Policies.” Additional key principles based on the World Bank OP 4.12 are as follows.

 Affected people are to be identified and recorded as early as possible in order to establish
their eligibility through an initial baseline survey (including population census that serves
as an eligibility cut-off date, asset inventory, and socioeconomic survey), preferably at the
project identification stage, to prevent a subsequent influx of encroachers of others who
wish to take advance of such benefits.
 Eligibility of Benefits include, the PAPs who have formal legal rights to land (including
customary and traditional land rights recognized under law), the PAPs who don't have
formal legal rights to land at the time of census but have a claim to such land or assets and
the PAPs who have no recognizable legal right to the land they are occupying.
 Preference should be given to land-based resettlement strategies for displaced persons
whose livelihoods are land-based.
 Provide support for the transition period (between displacement and livelihood
restoration).
 Particular attention must be paid to the needs of the vulnerable groups among those
displaced, especially those below the poverty line, landless, elderly, women and children,
ethnic minorities etc.
 For projects that entail land acquisition or involuntary resettlement of fewer than 200
people, abbreviated resettlement plan is to be prepared.

3-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

In addition to the above core principles of the JICA policy, emphasis is given to the development
of a detailed resettlement policy inclusive of all the above points; project specific resettlement
plan; institutional framework for implementation; monitoring and evaluation mechanism; time
schedule for implementation; and, detailed Financial Plan etc.

3.4 Gap Analysis of Sri Lankan Laws and JICA Policies (WB.OP.4.12)
There are differences between JICA policies and the national law in Sri Lanka in relation to the
approach to land acquisition and payment of compensation. However, the NIRP, which was
designed to bridge the gap with international best practice, is more or less aligned with JICA
policies. It is used in most projects financed by international agencies involving resettlement
issues. The results of the gap analysis between JICA Policies and Sri Lankan Law/Policies is
shown in the Table below.

Table 3.2 Gap Analysis of Sri Lankan Laws/Policues and JICA Policies (WB.OP.4.12)
JICA guideline/ Measures to
No. GOSL Laws/Policies Gap
WB OP 4.12 Bridge the GAP
1 Involuntary resettlement and No requirement under No difference To follow the
loss of means of livelihood are the LAA. between JICA NIRP and JICA
to be avoided when feasible by NIRP requires Policy and NIRP Policy
exploring all viable avoiding involuntary on this principle
alternatives. (JICA GL) resettlement by
reviewing alternatives.
2 When population displacement NIRP requires No difference To follow the
is unavoidable, effective assisting affected between JICA NIRP and JICA
measures to minimize impacts persons to re-establish Policy and NIRP Policy
and to compensate for losses themselves and on this principle
should be taken. (JICA GL) improve their quality
of life.
3 People who must be resettled NIRP requires that No difference To follow the
involuntarily and people whose affected persons between JICA NIRP and JICA
means of livelihood will be should be assisted to Policy and NIRP Policy
hindered or lost must be re-establish on this principle
sufficiently compensated and themselves and
supported, so that they can improve their quality
improve or at least restore their of life.
standard of living, income
opportunities and production
levels to pre-project levels.
(JICA GL)
4 Compensation must be based LAA mainly covers To follow the
on the full replacement cost as only the cost for land No difference NIRP and JICA

3-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

JICA guideline/ Measures to


No. GOSL Laws/Policies Gap
WB OP 4.12 Bridge the GAP
much as possible. (JICA GL) and structure, but not between JICA Policy
cover allowance such Policy and NIRP
as exgratia on this principle
component.
NIRP requires that
compensation for loss
of land, structures,
other assets and
income should be
based on full
replacement cost and
should be paid
promptly.
5 Compensation and other kinds NIRP requires prompt NIRP does not The following two
of assistance must be provided payment of mention that options which are
prior to displacement. (JICA compensation. compensation and guided in NIRP
GL) entitlements are to should be
be paid or considered.
provided prior to - Not to award
physical or project contract
economic until
displacement. compensation is
paid
- To allow APs to
stay on their land
until
compensation is
paid
6 For projects that entail NIRP requires a JICA policy To follow NIRP.
large-scale involuntary comprehensive RAP requires
resettlement, resettlement for projects exceeding preparation of an
action plans must be prepared displacement of more RAP when the
and made available to the than 20 families. project causes
public. (JICA GL) displacement of
more than 200
people, whereas
NIRP requires this
in case of
exceeding
displacement of
more than 20
families.
7 In preparing a resettlement NIRP requires that No difference To follow the
action plan, consultations must affected persons between JICA NIRP and JICA
be held with the affected people should be fully Policy and NIRP Policy
and their communities based on involved in the on this principle
sufficient information made selection of relocation
available to them in advance. sites, livelihood

3-9
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

JICA guideline/ Measures to


No. GOSL Laws/Policies Gap
WB OP 4.12 Bridge the GAP
(JICA GL) compensation and
development options
at the earliest
opportunity.
8 When consultations are held, LAA specifies that all LAA/NIRP does To make proper
explanations must be given in a notifications shall be not clearly arrangements
form, manner, and language prepared in all three mention this (interviewers or
that are understandable to the languages (English, principle. translator) for
affected people. (JICA GL) Sinhala and Tamil) Sinhala and Tamil
people.
9 Appropriate participation of NIRP requires that No difference To follow the
affected people must be resettlement should be between JICA NIRP and JICA
promoted in planning, planned and Policy and NIRP Policy
implementation, and implemented with full on this principle
monitoring of resettlement participation of the
action plans. (JICA GL) provincial and local
authorities.
10 Appropriate and accessible The LAA provides a No difference To follow the
grievance mechanisms must be limited grievance between JICA NIRP and JICA
established for the affected redress mechanism. Policy and NIRP Policy
people and their communities. One of the key on this principle
(JICA GL) objective s of NIRP is
that all affected
persons are made
aware of processes
available for the
redress of grievances
and that the redress
process is easily
accessible and
immediately
responsive.
11 Affected people are to be NIRP states the No difference To follow the
identified and recorded as early importance for between JICA NIRP and JICA
as possible in order to establish identification of APs Policy and NIRP Policy
their eligibility through an at an initial stage and on this principle
initial baseline survey describes risks related
(including population census to the set-up of the cut
that serves as an eligibility -off date.
cut-off date, asset inventory,
and socioeconomic survey),
preferably at the project
identification stage, to prevent
a subsequent influx of
encroachers or others who wish
to take advance of such
benefits. (WB OP4.12 Para.6)

3-10
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

JICA guideline/ Measures to


No. GOSL Laws/Policies Gap
WB OP 4.12 Bridge the GAP
12 Eligibility of benefits includes NIRP requests that No difference To follow the
the PAPs who have formal affected people who between JICA NIRP and JICA
legal rights to land (including do not have title deeds Policy and NIRP Policy
customary and traditional land to land should receive on this principle
rights recognized under law), fair and just treatment.
the PAPs who don't have
formal legal rights to land at
the time of census but have a
claim to such land or assets and
the PAPs who have no
recognizable legal right to the
land they are occupying. (WB
OP4.12 Para.15)
13 Preference should be given to Replacement land No difference To follow the
land-based resettlement should be an option between JICA NIRP and JICA
strategies for displaced persons for compensation in Policy and NIRP Policy
whose livelihoods are the case of loss of on this principle
land-based. (WB OP4.12 land; in the absence of
Para.11) replacement land, cash
compensation should
be an option for all
affected persons.
14 Provide support for the NIRP requires that No difference To follow the
transition period (between compensation for loss between JICA NIRP and JICA
displacement and livelihood of land, structures, Policy and NIRP Policy
restoration). (WB OP4.12 other assets and on this principle
Para.6) income should be
based on full
replacement cost and
should be paid
promptly. This should
include transaction
costs.
15 Particular attention must be NIRP requires that No difference To follow the
paid to the needs of the vulnerable groups between JICA NIRP and JICA
vulnerable groups among those should be identified Policy and NIRP Policy
displaced, especially those and given appropriate on this principle
below the poverty line, assistance to improve
landless, elderly, women and their living standards.
children, ethnic minorities etc.
(WB OP4.12 Para.8)
16 For projects that entail land NIRP requires that NIRP`s To follow NIRP
acquisition or involuntary RAP is prepared for requirement is
resettlement of fewer than 200 projects where 20 or more stringent
people, an abbreviated more families are than WB.
resettlement plan is to be affected and if
prepared. (WB OP4.12 affected families are

3-11
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

JICA guideline/ Measures to


No. GOSL Laws/Policies Gap
WB OP 4.12 Bridge the GAP
Para.25) less than 20, a RAP
with a lesser level of
detail needs to be
prepared.
Source: RAP Study Team

3.5 Involuntary Resettlement and Land Acquisition Safeguard Principles


for the Project
Based on a review of the laws and regulations on land acquisition in Sri Lanka and the NIRP and
JICA Guidelines, the following resettlement principles shall be adopted for this project. Where
any gaps besides the analysis shown above will be found between the Sri Lankan legal framework
for resettlement and JICA’s Policy on Involuntary Resettlement, practicable mutually agreeable
approaches will be designed consistent with the Government practices and JICA’s Policy.

a. Land acquisition and involuntary resettlement will be avoided where feasible, or minimized,
by identifying possible alternative project designs that have the least adverse impact on the
communities in the project area.
b. Screen the project as early as possible to identify involuntary resettlement impacts and risks.
Set up the scope of resettlement planning through a social economic survey and census survey
of PAPs.
c. Where displacement of households is unavoidable, all PAPs (including communities) losing
assets, livelihoods or resources will be fully compensated and assisted so that they can
improve, or at least restore, their former economic and social conditions.
d. Compensation and rehabilitation support will be provided to all PAPs, that is, any person or
household or business which on account of project implementation would have his, her or
their:
 Standard of living adversely affected;
 Right, title or interest in any house, interest in, or right to use, any land including premises,
agricultural and grazing land, commercial properties, tenancy, or right in annual or
perennial crops and trees or any other fixed or moveable assets, acquired or possessed,
temporarily or permanently;
 Income earning opportunities, business, occupation, work or place of residence or habitat
adversely affected temporarily or permanently; or
 Social and cultural activities and relationships affected or any other losses that may be
identified during the process of resettlement planning.
e. PAPs that lose only part of their physical assets will not be left with a portion that will be

3-12
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

inadequate to sustain their current standard of living. Reasonable options for compensation
shall be provided.
f. The resettlement plans will be designed in accordance with Sri Lanka’s National Involuntary
Resettlement Policy and JICA’s Policy on Involuntary Resettlement.
g. The Resettlement Plan will be translated into Sinhala and Tamil languages and disclosed for
the reference of PAPs as well as other interested groups.
h. Payment for land and/or non-land assets will be based on the principle of replacement cost.
i. Resettlement assistance will be provided not only for immediate loss, but also for a transition
period needed to restore livelihood and standards of living of PAPs. Such support could take
the form of short-term jobs, subsistence support, salary maintenance, or similar arrangements.
j. The resettlement plan must consider the needs of those most vulnerable to the adverse impacts
of resettlement (including the poor, those without legal title to land, ethnic minorities, women,
children, elderly and disabled) and ensure they are considered in resettlement planning and
mitigation measures identified. Assistance should be provided to help them improve their
socio-economic status.
k. PAPs will be involved in the process of implementing the resettlement plan.
l. PAPs and their communities will be consulted about the project, the rights and options
available to them, and proposed mitigation measures for adverse effects, and to the extent
possible, be involved in the decisions that are made concerning their resettlement.
m. Adequate budgetary support will be fully committed and made available to cover the costs of
land acquisition (including compensation and income restoration measures) within the agreed
implementation period. The funds for all resettlement activities will come from the
Government of Sri Lanka.
n. Displacement should not occur before provision of compensation and of other assistance
required for relocation. Acquisition of assets, payment of compensation, and the resettlement
and start of the livelihood rehabilitation activities of PAPs, will be completed prior to any
construction activities, except when a court of law orders so in expropriation cases.
(Livelihood restoration measures must also be in place but not necessarily completed prior to
construction activities, as these may be ongoing activities.)
o. Organization and administrative arrangements for the effective implementation of the
resettlement plan will be identified and in place prior to the commencement of the process;
this will include the provision of adequate human resources for supervision, consultation, and
monitoring of land acquisition and rehabilitation activities.
p. Appropriate reporting (including auditing and redress functions), monitoring and evaluation
mechanisms, will be identified and set in place as part of the resettlement management system.
An external monitoring group will be hired by the project and will evaluate the resettlement
process and final outcome. Such groups may include qualified NGOs, research institutions or
universities.

3-13
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

3.6 Land Acquisition Process for the Project


The land acquisition process and responsible entities for the LRT Project are presented in the
Table 3.3, and entitlement matrix in Table 6.5. The project shall exclusively follow the sequence
of activities/actions tabulated therein for all land acquisition required for the Project including
utility relocation. No other regulation/process which weaken the entitlements of the affected
people shall be applied.

Table 3.3 Land Acquisition Process for the LRT Project & Responsible Entities
No Activity Responsible Institution/s
1 Consultation with affected people PMU-LRT/ MMWD
2 Preparation of Entitlement Metrix PMU-LRT/ MMWD
3 Obtain the Cabinet Approval for Entitlement PMU-LRT/ MMWD
Metrix and IRP budget
4 Distribution of information leaflets to APs on LA PMU-LRT
and Resettlement process
5 Submission of Acquisition proposal to PMU-LRT/ MMWD
MOL&PA
6 Issuing of Section 02 order MOL&PA
7 Publishing of Sec. 02 notice Relevant Divisional secretary(DS)
8 Initiation of the project Income Restoration PMU-LRT
Programme
9 Preparation of advance tracing Superintend of Survey
10 Issuing of Section 04 order MOL&PA (GRCs will be stablished in the
project area)
11 Publishing of Sec. 04 notice Relevant Divisional secretary
12 Inquiry on disagreements/ objections PMU-LRT/ MMWD
13 Issuing of Sec.05 Gazette notice DS, Government Printer, MOL&PA
14 Preparation of Preliminary plan Superintend of Survey
15 Issuing of Sec. 07 Gazette notice DS, Government Printer
16 Awareness of LARC & S-LARC committees on PMU-LRT
Entitlement Metrix and Ex-gratia package
17 Inquiries under Sec. 09 DS (Also inform the IRP the concept, process
& how to use the compensation effectively)
18 Ownership determination under Sec. 10 DS
19 Valuation of property Department of Valuation

20 Notification under Sec. 17 & invite for the DS/ PMU-LRT


LARC
21 Incorporation LARC system & Entitlement PMU-LRT, RAs will facilitate for all PAPs
Metrix to the compensation process
22 Inform the LARC award (with Sec.17 payment) DS (As the chairman of LARC); PMU to be
facilitate

3-14
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

23 Call for S- LARC hearing, if the PAPs been Sec. MMWD (As the chairman of S- LARC),
unsatisfied with LARC award and PMU to be facilitate
24 Payment of compensation and other allowances DS/ PMU (PAP will incorporate in to the
project IRP process)
25 Issuing of Section 38 (Gazette) MOL&PA and Government Printer
26 Take possession of the property DS/PMU

3-15
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 4 Potential Project Impacts and Alternative Analysis

4.1 Potential Impact


As mentioned in the previous section, the LRT System will primarily use existing roads in order to
minimize land acquisition and resettlement. The railway will be built on an elevated structure to
reduce impact on the use of existing roads. However, there are situations that require acquisition
of properties and assets in order to give way to the Project. The detail of affected properties with
LRT route map is available in Annex C. These are described below.

4.1.1 Train Stations

The proposed train station design in the Figure 2.3 (refer to Section 2.2.2) shows that the train
station would require a minimum of approximately 21.4m ROW. Existing roads in Colombo and
Thimbirigasyaya DS divisions are sufficient to accommodate the proposed train station design.
However, existing roads in Kaduwela, particularly in Malabe area, are comparatively narrower. It
has been noted that almost all train stations in Battaramulla-Malabe area, namely: Battaramulla
Stn, Lumbini Stn, Palan Thuna Stn, Malabe Stn and IT Park Stn. These stations would require
land acquisition to have enough space for construction of the train station. To illustrate this,
affected structures in the proposed Lumbini Station is shown in Figure 4.1.
Areas that need to be acquired to give space for train stations are currently occupied by several
built structures along the existing road. These structures are mostly commercial business premises.
As shown in Figure 4.1, many of these business premises may be partially be affected by the
project. Thus, acquisition of only a portion of these premises is required. The extent of impact will
be determined during the detailed design phase.

4-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Figure 4.1 Potentially Affected Structures in the Proposed Lumbini Station

4.1.2 Sharp curves

The proposed LRT route has three sharp curves located at Ibbanwela Junction, Palan Thuna
Junction and Koswatta Junction. Due to the limitations of engineering design and also taking into
account implications on train speed and noise impacts, structures at the corner or these curves may
need to be acquired. Affected structures in the three junctions are shown in Figure 4.2. Businesses
such as Ishara Traders and HNB bank housed in multiple storey buildings will be affected.

a) Ibbanwala Junction b) Koswatta Junction

4-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

c) Palan Thuna Junction


Figure 4.2 Potentially Affected Structures in sharp curves

4.1.3 Depot Area

For the construction of the Depot and the IT Park Station at Malabe (IT Park Junction), partially
abandoned and partially cultivated paddy lands in Kaduwela DS Division need to be acquired.
These paddy land areas have an approximate total area of about 200,000m2 (in Thalahena North,
Thalahena North B, Malabe North & Malabe West GN Divisions in Kaduwela DSD). This
accounts for the bulk of land that needs to be acquired for the Project. The extent of area that will
be used for the depot and related facilities are shown in Figure 4.3.

Figure 4.3 Land that need to be acquired for the depot area

4-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

4.2 Alternative analysis


4.2.1 No Project Option

In Sri Lanka, under its stable economic growth, the number of traffic modes on the road network
such as private car, buses, and motorbikes is projected to increase rapidly. Currently, about 1
million people are entering to the center of Colombo every day and this causes severe traffic
congestion in the city center and surrounding road networks. It is predicted that existing road
networks may not be able to handle future traffic demand.
Without having a rail-based public transport, especially, the LRT project on Malabe corridor, the
following negative impacts are predicted in future.
 Declining efficiency of economics activities due to large travel time loss by traffic
congestion
 Increasing air pollution due to heavy vehicle transports
 Increasing noise pollution due to road transport
 Increasing road traffic accidents

Therefore, for both environmental and social aspects, it is undesirable not to implement the LRT.

4.2.2 Alternatives of Structural Options

In the official request for the LRT project, the elevated structure (viaduct) is applied in the entire
route. In order to compare with other structural options, namely underground and on street
(existing road), 3 options were compared from the points of views described in the Table 4.1.
Based on the results, elevated option was considered as the most desirable option in terms of cost,
land acquisition, resettlement, and safety.

Table 4.1 Alternative of structural option


Items Underground On Street (Existing Roads) Elevated (Viaduct)
Distance for Less than Elevated option Almost same as elevated As original
Construction structure
Highest of Civil Cost Civil structure itself is not As for civil cost: it is
(approx. 3times or expensive. However civil middle among the option
more than elevated costs for intersections at As for total cost: it will be
Construction cost option) SLR most economical option
railway crossing and
land acquisition costs
will be higher than
other options

4-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Items Underground On Street (Existing Roads) Elevated (Viaduct)


With expensive “shield Structure can be simple; Numbers of piers on
machine”, construction however, many flyover route is required.
period can be reduced sections are required as
Structural on ground, however, it complicated structures at
characteristi is difficult for SLR crossings and road
cs installation of its intersections.
machine into
underground and of
construction of
underground stations.
Proper underground Easiest for construction Construction of piers is
soil conditions and on street but enough road installed at road median.
underground space is required. It is necessary to grasp
information for It is not seen anywhere for utility pipes at the
Workability building is highly applicable section in the installation point of piers.
required. route. Traffic management
Highest difficulties during the construction is
exist in construction. required.

Reduce existing road Need traffic


Occur at the
space and accelerate management
Traffic Problem underground station
traffic congestion by (lane configuration,
area with large space.
car parking space) due to
decrease
Noise andwidth by piers
vibration are
High risk of effect on Noise and vibration affect
Natural generated from the
groundwater and residents living near
condition top of viaduct during
ground settlement roadside.
operation
Land
Need to confirm the Many land Land acquisition is the
Acquisition,
rights of land in acquisitions are limited among three
Resettlemen
underground required. options.
t
Large structure
Consideration of
happens at the entering
New scenery by tram on landscape impact of
Landscape of underground station,
street elevated structure is
from/to underground
required.
near depot.
Consideration for
Consideration when No crossing to residents
evacuation at
Safety crossing residents and and vehicles, relatively
the time of flood or
vehicles at intersections safe to operate
emergency stop
Although it is less than
other The largest noise and There are some noise and
Noise and options, vibration is vibration affect residents vibration to buildings
vibration transmitted to living roadside compared with same height near
buildingsdepends on to other options. the viaduct.
underground
condition. Not recommended
Not recommended
since not enough
due to construction Most desirable
Total evaluation space on ground and
cost and technical option in this project
large land acquisition
familiarity
required

4-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

4.2.3 LRT Alternative Routes

For LRT Alternative Routes analysis, following 3 sections has been studied.

Kotta –Sethsiripaya Section Thalangama EMP Section

Borella-Maradana Section

Figure 4.4 Sections of Alternative Route Analysis

(1) Borella – Maradana Route

For the section between Borella and Maradana, the following two alternative routes were studied. The
result of alternative analysis is shown in Table 4.2.

 Alternative 1: The route via National Hospital area. It serves the high employment area of
the CBD, provides connection to commercial and city centre, and enables direct access to the
National Hospital.
 Alternative 2: The route along P De S Kularatne Mawatha. It connects Residential and
educational area.

Fort/Pettah Station

Transport Centre
Station
Alternative 2
Maradana SLR
Station
Employment Residential
Area Area
Baseline Road

Alternative 1 College,
Education Area Punchi Borella

National Hospital
Commercial Town Hall
Area & City
Centre
Borella Station

Figure 4.5 Two alternative routes between Borella and Maradana

4-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 4.2 Alternatives analysis in Maradana-Borella Section

Item Alternative 1 Alternative 2


(Blue Route) (Red Route)
Description The route via National Hospital area. It The route along P De S Kularatne
serves the high employment area of the Mawatha. It connects Residential and
central business district (CBD), educational area
provides connection to commercial and
city centre, and enables direct access to
the National Hospital
Length  400m longer than Alt 3.  400 m shorter than Alt 1.
Technical  More integrations are required with  The line can be integrated with
aspect the future rehabilitation of Maradana station.
Maradana road bridge due to  Longer flyover is required to cross Sri
electrification of SLR Lanka Railway.
 More curve section required  Straight line route
Transport  The route will cover public transport  Public transport catchment is
catchment catchment widely including the relatively small compared with Alt 1.
center of the city (e.g. Town Hall (Figure 4.6)
area) (Figure 4.6)
Social aspect  Several commerce al shops are  No significant issue
required to be acquired
Aesthetic  Adverse impact on Ward place road  No significant issue
which is quiet residential zone with
large street trees.
 There are several heritage buildings.
Hydrology Not applicable Not applicable
Ecological Greenery will be affected No significant issue
Environment
Overall Alternative 1 was recommended due to Alternative 2 was not recommended
the overriding advantage of transport
network

Alternative Route 1 and Other RTS Routes Alternative Route 3 and Other RTS Routes
Source: JICA Study Team, the base map from OpenStreetMap
Figure 4.6 Catchment area of LRT Stations of Alternative Route and Other RTS Lines

(2) Kotte - Sethsiripaya

4-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

For the section between Kotte and Sethsiripaya, following 2 alternative routes were studied. The result of
alternative analysis is shown in Table 4.3.

 Alternative 1: The route via Sri Jayawardana Mawatha through Diyawanna lake.
The proposed route is considered to be a Ceremonial approach into the Capital City of Sri
Lanka under special urban planning prepared by UDA in early 1980. Even with developments
in the area (e.g. Rajagiriya Flyover, new tall condominiums), UDA is now in the process of
enhancing the character of the Ceremonial Road through various means.
 Alternative 2: The route via Old Kotte Road and go behind Diyawanna Lake.
 Alternative 3: The route goes side road of Sri Jayawardana Mawatha to avoid LRT at centre
of road.

Winding section Land acquisition required

Alternative 2

Alternative 3

Alternative 1(Blue)

Figure 4.7 Sections for Alternative Analysis (Cotta Road and Sethsiripaya)

Table 4.3 Alternatives analysis in Kotte-Sethsiripaya Section


Item Alternative 1 Alternative 2 Alternative 3
(Blue Route) (Red Route) (Green Route)
Description The route via Sri The route via Old Kotte The route goes side road of Sri
Jayawardana Mawatha Road and go behind Jayawardana Mawatha to
through Diyawanna lake Diyawanna Lake avoid LRT at centre of road.
See Figure 4.8. See Figure 4.8 in detail.
Length  Base  100m shorter than  Almost same as alternative
alternative 1 1
Technical  Although it is  Going along Rajagriya  Although it is technically
aspect technical feasible to go fly over is not required feasible to go along the
along the sides of  Old Kotta road has more sides of Rajagiriya fly over
Rajagiriya fly over sharp curves, requiring section, the cost is high.
section, the cost is more land acquisition.  Less sharp curve
high.
 Less sharp curve
Social aspect  Can be mostly  Approximately 20  2~3 buildings and
managed with no land houses to be relocated commercial property need

4-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Item Alternative 1 Alternative 2 Alternative 3


(Blue Route) (Red Route) (Green Route)
acquisition. to be acquired.
Aesthetic  Disturb the concept of  No significant impact  Possible to mitigate the
Ceremonial approach. landscape impact on the
However, area is concept of Ceremonial
already impacted with approach by having LRT
high raised buildings route on the side of road
Hydrology  Shortest Diyawanna  Longest Diyawanna  Second shortest Diyawanna
Lake section Lake section Lake section
Ecological  No significant issue  Island with mangrove in  No significant issue
Environment Diyawanna lake which
is habitat of birds will
be affected
Overall Alternative 1 is selected Alternative 2 is not Alternative 3 can still be
due to less land preferred option due to the examined further during the
acquisition involved. land acquisition issue, detail design stage
which can be studied considering land availability
further. along the road.

Alternative2: Side of road

Alternative 1: Centerline of road

Figure 4.8 Two alternative routes on Ceremonial approach section

(3) Thalangama EPA Route

For the section between Denzil Kobbekaduwa Mawatha and B240 (Malabe road), 4 alternative
alignment was studied. The best alignment in terms of technical and practical point of the view
(less curve, no obstruction (houses), short) was considered to be the alignment which passes
through Thalangama Environmental Protection Area (EPA) shown as blue route in Figure 4.9.
Thalangama EPA was designated as EPA by CEA and only limited activities are allowed in EPA.

4-9
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Therefore, following alternative alignments were studied further and the comparison of potential
impact is summarized in Table 4.4.

 Alternative 1: Passing through Thalangama EPA (400m) and shortest route:


 Alternative 2: Passing through Thalangama EPA with minimum distance (200m)
 Alternative 3: Passing outside of EPA boundary (buildings will be affected)
 Alternative 4: Passing on existing route

Considering the importance of Thalangama EPA as well as the social impact (land acquisition),
the Red route (passing on existing road was considered to be preferred route.

Alternative 4 Alternative 3
Alternative 1

Alternative 2

Source: Study Team


Figure 4.9 Alternative analysis in Thalangama EPA

Table 4.4 Alternatives analysis in Thalangama Area


Item Alternative 1 Alternative 2 Alternative 3 Alternative 4
(Blue Route) (Yellow Route) (Green Route) (Red Route)
Description  The shortest  The shortest and  The route that goes  The route goes
route passing less curve route outside of on existing
through crossing a Thalangama EPA road.
Thalangama portion of boundary.
EPA Thalangama
EPA
Length  Shortest  Second shortest  Second longest  longest
Technical  No significant  No significant  No significant issue  Sharp curve at
aspect issue issue the corner
 Increase in
travel
Transport Approximately same for all routes
catchment

4-10
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Item Alternative 1 Alternative 2 Alternative 3 Alternative 4


(Blue Route) (Yellow Route) (Green Route) (Red Route)
Social  Less impact  Less impact  Approximately 20  One
aspect houses to be relocated commercial
building and
3-4 houses
might be
relocated.

Aesthetic  Most  Less significant  Less significant  Not significant


significant compared with compared with Alt1 issue
due to the Alt.1 and 2.
disturbance of
EPA
Hydrology  Minor impact  Minor impact  Minor impact due to  No significant
due to due to disturbance of issue
disturbance of disturbance of flooding plain
flooding plain flooding plain
Ecological  The route  The route runs  No significant issue  No significant
Environment runs through through the issue
the northern northern edge of
edge of Thalangama
Thalangama EPA.
EPA.
Overall Not Not recommended Not recommended due Selected as
recommended due to legal to land acquisition issue recommended
due to legal restriction of EPA route since there
restriction of is no legal
EPA restriction and
significant land
acquisition issue

(4) Depot site

Alternative analysis for the depot site has been conducted as shown in below Table 4.5. The required area
for depot is approximately 15ha. Three potential sites have been identified, which include: 1)
Dematagoda Railway Station site, 2) Malabe South-East and 3) Malabe North-West. Based on the
alternative analysis, Dematagoda Railway Station site and Malabe South-East site are not considered as
feasible options.

4-11
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 4.5 Alternative analysis for Depot

Dematagoda Railway Station

Malabe North-West

Malabe South-East

1) Dematagoda Railway Station site


This site is an existing railway depot with
an area of approximately 7ha. The site
needs to be leased from the Railway
Department. Since the site is located
1.5km away from proposed LRT route, it
is difficult to make a connection.
2) Malabe South-East
There is an agricultural land available
near the proposed LRT route. However
unoccupied land is only about 3.5ha. The
land can be used as part of the depot, but
resettlement is required in order to secure
sufficient area for Depot.

3) Malabe North-West
There is agricultural land available near
the proposed LRT route with an area of
approximately 15ha. Although sufficient
land can be secured for Depot,
agricultural land needs to be acquired. It
is to be noted that the site is considered
as a flood retention area.

4-12
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 5 Potentially Affected Population and Properties


(Socio Economic Survey)

5.1 Data Collection


The proposed Project will directly and/or indirectly impact properties and people along the LRT
route, around the train stations, and within the depot area. The extent of impact on properties and
population was analysed. In order to identify the characteristics of the people and businesses
who/which may be affected by the Project, Census Survey and Socio-economic Survey (SES)
were conducted. Both surveys adopted the use of structured questionnaires in order to obtain
information that will be fed into the resettlement measures and compensation package.
In addition to the census and SES, the RAP employs several approaches to triangulate information
for resettlement planning. Additional methods include stakeholder engagement activities (e.g.
awareness meetings, focus group discussions, and interviews), site surveys/visits, CAD analysis,
and collection of secondary data from various sources.

5.1.1 Preparatory Arrangements for the Survey

At the early stage of the project, PMU conducted awareness meetings not only for DS and GN
officers but also for PAPs. In order to reach paddy land owners and tenant farmers who own land
and/or cultivate at the proposed depot area, support from the Kaduwela DS Agrarian Service was
sought. Potentially affected business owners were identified by using CAD drawings with satellite
images and verified through site visits. Separate awareness meetings were conducted for paddy
land owners and tenant farmers, and for business owners.
Survey enumerators play an important role not only in communicating project information, but
more importantly obtaining necessary information for the surveys. Thus, prior to the conduct of
the surveys, training was provided to enumerators when conducting the survey.

5.1.2 Questionnaire Form for the Survey

The questionnaire was designed in order to obtain necessary information regarding the PAPs. It is
composed of three parts: Census and Socio-Economic Survey, AP’s knowledge of the project and
preferences for compensation/relocation, and Inventory of Loses survey.
The census and SES are both aimed at identifying characteristics of the PAPs and property
ownership. Preference for compensation is important in obtaining PAPs’ opinion regarding the
desired compensation. Inventory of losses will determine the type of structure, approximate area
and location of the property. All these information are necessary in developing the Entitlement
Matrix and Replacement Cost.

5-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

5.1.3 Survey Team

The survey was conducted by a team of trained enumerators under close supervision of field
supervisors. The structured survey questionnaire was filled through an in-depth interview with
affected people, including farmers, land owners and business community. The composition of
the survey team is shown in below.

JICA study team

Project Coordinator
Social Expert

Field Survey Group Data Processing Group

Supervisor (1) Encoder (2) CAD expert (1)

Field staffs (5)

Figure 5.1 Composition of the Survey Team

5.2 Results of the Census Survey


Properties, including both land and built structures, that may be affected by the project have been
identified and the extent of impact has been assessed. Aside from properties, business owners,
employees and residents who are using the properties have also been identified and surveyed in
order to determine how the project may impact heir living and livelihood.
This RAP is focused on private properties that may be affected by the project in order to ensure
that impacts on private individuals and groups are taken into account in the compensation and
resettlement measures.
Census survey was conducted by the survey team to cover all potentially affected people by
visiting to each affected property, including paddy land and residential/commercial/government
properties. Census survey covered 1 resident, 100 business premises, 89 farmers and 9 tenant
farmers. Among the PAPs, a total of 85 business owners and/or their representatives were
interviewed.

5.2.1 Affected People

(1) Affected resident, business owners, renters and workers

Since structures along the LRT route are mostly commercial in nature, the Project will primarily
impact business premises, along the route and areas near proposed LRT stations. A breakdown of
affected business owners, workers and residents according to the degree of impact (total or

5-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

partial) is shown in Table 5.1. The list of affected population is attached in Annex D.
It is estimated that approximately 100 business premises, 37 property owners, 73 renters and
approximately 455 employees will be affected by the project. The clusters of businesses which
will be fully affected are located in Fort, Battaramulla, Palan Thuna Junction, Koswatta Junction,
and West Malabe. The biggest cluster of small businesses is the government-owned commercial
area with a lane of hotels, canteens and fruits stands, located near Fort Station.
There is 1 residential house which may fully be affected in West Malabe to give way to the
proposed IT Park Station.

Table 5.1 Affected Residents, Business Owners and Workers

DS Property
Division GN Division Residences Owners(private) Business Owners Renters Workers
Total Partial Total Partial Total Partial Total Partial Total Partial
Colombo Fort 0 0 0 0 20 3 19 0 42 0
Ibbanwala 0 0 1 2 2 3 0 0 21 183

Kaduwela Kotuwegoda 0 0 0 0 0 10 0 10 0 17
Subuthipura 0 0 1 5 3 10 2 7 34 23
Battaramulla 0 0 1 0 5 1 5 1 9 0
Udumulla 0 0 2 0 6 0 6 0 23 0
Malabe
North 0 0 1 14 1 18 1 8 1 86
Malabe
West 1 0 4 6 10 8 8 6 8 8
1 0 10 27 47 53 41 32 138 317
1 37 100 73 455
Source: Socio-economic Survey (2017)

(2) Affected paddy land owners and Ande farmers

The biggest area of land that needs to be acquired is the paddy land area for the proposed depot
area. According to the list of farmers received from the Kaduwela Agrarian Services Office, there
are 89 paddy landowners identified at the time of the RAP survey and 9 Ande farmers.
According to the SES, around 78% of paddy landowners are male within the age range of 37-90
years old. Around 71% of the paddy landowners have obtained General Certificate of Education
both for ordinary and advanced levels.
On the other hand, identified Ande farmers are all household heads, aged 51 and above. The
tenant farmers have obtained different levels of education – primary level, GCE ordinary level
and advanced level.
Based on the respondents, around 52% of paddy land owners earn 60,000LKR or more per month,
while tenant farmers earn an approximate amount of 20,000-100,000LKR per month. According
to the Survey, around 25% of business owners earn more than 100,000LKR per month and about
23% earns 20,000 up to 60,000 LKR per month. On the other hand, a little over 40% did not want

5-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

to disclose their income.


Table 5.2 Affected Farmers and their Families
DS Total No of No of affected paddy No of affected Renters
Division farmers land owners (“Ande” Farmers)
Land Family HHHs Family
Owner members members
Kaduwela 98 89 297 9 44
(86*)
* No. of Persons Interviewed
Note: Based on preliminary design drawings.
Source: PMU/LRT-JICA update 2018

5.2.2 Inventory of Losses

(1) Affected Land

The total area of land that needs to be acquired by the Project is presented in Table 5.3 below. The
Project will have to acquire a total of 208,148 m2 of private land, a big bulk of which is the paddy
area in Malabe, where the depot area is planned to be built. It should also be noted that
government land, a significant portion of which is owned by Sri Lanka Railway (near Fort and
Maradana area) and the Urban Development Authority (e.g. Diyanna Lake, Sethsiripaya), also
need to be acquired.

Table 5.3 Summary of Affected Land


DS Area Government Lands Private Notes
CAD Area Area CAD Area Area
Code (m2) (perch) Code (m2) (perch)
Colombo Fort Stn G1 10,708
G2 3,427 135.51
SLR Property G3 8,837 349.44
Ibbanwala L1A 1,602.86 63.38 Ishara Traders, Lal &
Nihal
L1B 187.10 7.40 Carmart
Thimbiriga National G4 482 19.04 sidewalk in front of
syaya Hospital dental center
Sri Welikada L2 102.88 4.07 open space at the
Jayawarde corner of Rajagiriya
napura- flyover
Kotte Before L3 60.28 2.38 parking lot
Diyawanna
Lake
Diyawanna G5 5,697 225.28
Lake
Kaduwela Diyatha Uyana G6 3,512 138.87
Sethsiripaya G7 8,242 325.89
Battaramulla G8 3,089 122.13 L4 542.03 21.43

5-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

L5 285.41 11.29
Palan Thuna G9 944 37.33 L6 178.84 7.07
Junction
L7 180.32 7.13 small business stands
beside Lakviru Sevena
Koswatta L8 580.37 22.95
Junction L9 10.16 0.40 residential area (wall
of the house)
Lumbini Stn L10 236.95 9.37
L11 239.03 9.45
Talahena Stn L12 973.12 38.48
L13 109.61 4.33
Malabe L14 481.32 19.03
L15 118.90 4.70
L16 98.04 3.88
IT Park Stn L17 224.73 8.89
L18 355.90 14.07 commercial area
L19 2,054.52 81.24 paddy land near IT
Park Stn
L20 1,440.41 56.96 residential area (1
residential house &
backyard)
L21 198,085. 7,832.5 paddy land for depot
55 6 area and connecting
road
Total 44,937 1,353 208,148 8,230
**Measurements are based on preliminary design drawings
Note: At this stage, it is difficult to confirm boundaries of land plots. This can only be confirmed once the land
acquisition process starts.
Source: Socio-economic Survey (2017)

(2) Affected Built Structures

There are approximately 66 structures which will be affected by the project. The distribution of
partially and fully affected structures is presented in the Table below. It should be noted that only
one residential house will be affected and around 80% of the affected structures are commercial
business premises.

5-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 5.4 Summary of Affected Residential and Commercial Structures

DS
Division GN Division Residential Structures Commercial Structures Total
Totally Partially Totally Partially Totally Partially
Colombo Fort 0 0 24 3 24 3
Ibbanwala 0 0 1 3 1 3

Kotuwegoda 0 0 0 1 0 1
Kaduwela 0 0
Subuthipura 2 6 2 6
Battaramulla S 0 0 3 1 3 1
Udumulla 0 0 2 0 2 0
Malabe North 0 0 1 13 1 13
Malabe West 1 0 2 3 3 3
Total 1 0 35 30 36 30
66
NOTE: Out of 27 buildings 15 has been rented by SLR & UDA to private parties and other 12 buildings are being used
by SLR. Three partially affected buildings are also under SLR.
Source: Socio-economic Survey (2017)

For partially affect structures, most of the structures (90%) are made with asbestos, tiled or
concrete roof and brick or concrete wall. Two buildings of car trading businesses were constructed
with reinforced concrete.
Among fully affected structures, about half of the structures are made with asbestos, tiled roof, tin
or brick wall and 30% of structure are made with asbestos, tiled or concrete roof and brick or
concrete wall. Two buildings (one owned by a car trader business and the other is Bank building)
were constructed with reinforced concrete.

(3) Affected Secondary Structures

At this stage, there is only one secondary structure that may be affected by the project. This is a
wall of a residential property at the corner Koswatta Junction (beside HNB).

(4) Trees

There are no trees of agricultural or timber value (eg. Mango trees,) identified within private
properties that will be affected by the project with the current project design. Further investigation
will be conducted during the Project’s detailed design phase to confirm existence of such trees
because these are subject for compensation.

(5) Government-owned and common properties

Majority of the government owned properties that will be affected by the project are properties
owned by SLR, located near Fort and Maradana. Two properties are owned by UDA – Diyatha

5-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Uyana and Lakviru Sevena.


Government-owned companies or semi-government institutions that may be affected by the
Project include Lake House Advertising, Rural Bank (Battaramulla), Co-op City, HNB, and
Sanasa.

5.3 Socio-economic Characteristics of the Affected Population


5.3.1 Population Distribution by Age and Gender

The total surveyed population is 85 of which 70 are male and 15 are female. The majority of
population(82%) is below 60 years old (refer to Table below).

Table 5.5 Population Distribution by age and gender

GND Colombo DS Kaduwela DS

Malabe North

Malabe West
Battaramulla
Kotuwegoda

Subuthipura

Total
Ibbanwala

Udumulla
South
Fort

Age
Group
SEX M F M F M F M F M F M F M F M F M F

21-30 1 0 0 0 0 0 1 0 0 0 0 0 0 0 1 0 3 0

31-40 6 0 0 0 3 1 3 1 1 0 0 1 5 3 8 1 26 7

41-50 7 0 0 0 2 2 1 0 0 0 0 2 2 0 3 0 15 4

51-60 2 0 0 0 1 0 4 0 2 0 1 0 2 0 1 2 13 2

61-70 0 1 2 0 1 0 1 0 0 0 0 0 4 0 1 0 9 1

71-80 0 0 2 0 0 0 0 0 0 0 0 0 2 1 0 0 4 1

81< 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Sub
16 1 4 0 7 3 10 1 3 0 1 3 15 4 14 3
Total 70 15

Total 17 4 10 11 3 4 19 17 85
Source: Socio-economic Survey (2017)

5-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

5.3.2 Ethnicity

The population distribution by ethnicity is presented in Table 5.6. The majority of PAPs (85%) is
Sinhalese, followed by Tamil (7%) and Muslim (7%).

Table 5.6 Surveyed population by ethnicity in GDs


D.S
Division G.N Division Sinhala Tamil Muslim Other Total
Colombo Pettaha 5 7 6 18
Ibbanwala 4 4
Kaduwela Kotuwegoda 10 10
Subuthipura 13 13
Battaramulla
South 5 1 6
Udumulla 6 6
Malabe North 20 20
Malabe West 18 18
Total 81 7 7 0 95
Source: Socio-economic Survey (2017)

5.3.3 Religion

The population distribution by religious is presented in Table 5.7 . Majority of affected people
(80%) is Buddhist, followed by Hindu, Muslim and Christian.

Table 5.7 Surveyed population by religious in GDs


DS
GN Division Buddhist Christian Muslim Hindu Total
Division
Fort 3 1 5 8 17
Colombo
Ibbanwala 4 0 0 0 4
Kotuwegoda 9 1 0 0 10
Subuthipura 11 0 0 0 11
Battaramulla 2 0 1 0 3
Kaduwela
Udumulla 4 0 0 0 4
Malabe North 19 0 0 0 19
Malabe West 16 1 0 0 17
Total 68 3 6 8 85
Source: Socio-economic Survey (2017)

5.3.4 Educational Level

The population distribution by educational level is presented in Table 5.8. Majority of affected people
(96%) has secondary and higher level of education.

5-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 5.8 Surveyed population by educational level in GDs

Sub Total

Total
Educ Level S Colombo
Kaduwela DS
E DS
X

Fort

Ibbanwala

Kotuwegoda

Subuthipura

South
Battaramulla
Udumulla

Malabe North

Malabe West
Illiterate M 0 0 0 0 0 0 0 0 0
F 0 0 0 0 0 0 0 0 0 0
Can sign M 0 0 0 0 0 0 0 0 0
F 0 0 0 0 0 0 0 0 0 0
Pre-school M 0 0 0 0 0 0 0 0 0
F 0 0 0 0 0 0 0 0 0 0
Grade 1-5 M 1 0 0 0 0 0 1 0 2
F 0 0 0 0 0 0 1 0 1 3
Grade 6- GCE M 6 0 0 2 0 0 0 2 10
O/L F 0 0 0 0 0 0 0 1 1 11
Pass GCE O/L M 7 0 2 2 1 1 2 4 19
F 1 0 0 0 0 1 1 1 4 23
GCE A/L M 1 0 5 5 1 0 4 5 21
F 0 0 1 1 0 1 2 0 5 26
Pass GCE A/L M 1 0 0 0 0 0 4 1 6
F 0 0 2 0 0 1 0 0 3 9
Graduate/ M 0 2 0 1 1 0 1 1 6
University F 0 0 0 0 0 0 0 1 1 7
Diploma M 0 1 0 0 0 0 3 1 5
F 0 0 0 0 0 0 0 0 0 5
Post-Grad M 0 1 0 0 0 0 0 0 1
Degree/ Diploma F 0 0 0 0 0 0 0 0 0 1
Total M 17 4 10 11 3 4 19 17 85 85
Source: Socio-economic Survey (2017)

5.3.5 Income

The income status of business owners is shown in Table 5.9. Generally it is difficult to obtain
genuine answers for the income status during the survey period. Around 56% of the business
community did not declare that their monthly income.
According to the responses received from business community (38 respondents), all respondents
have an income greater than Rs. 20,000 per month. Half of these respondents/business owners
earn more than Rs. 100,001/-per month.

5-9
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 5.9 Distribution of monthly income (Rs) for business owners


Income Total
Colombo DS Kaduwela DS
Distribution
Fort

Ibbanwala

Kotuwegoda

Subuthipura

South
Battaramulla

Udumulla

North
Malabe

Malabe West
10001-20000 0 0 0 0 0 0 0 0 0
20001-40000 1 0 1 0 0 0 0 1 3
40001-60000 2 0 1 0 0 1 3 1 8
60001-100000 0 0 0 0 0 0 3 5 8
>100001 2 0 3 5 0 2 2 5 19
Not
Responded 16 5 5 8 6 3 12 5 60
Total 21 5 10 13 6 6 20 17 98
Source: Socio-economic Survey (2017)

The income distribution of paddy land owners and farmers are presented in the Table below.
Based on the respondents, around 52% of paddy land owners earn 60,000LKR or more per month,
while tenant farmers earn an approximate amount of 20,000-100000LKR per month.

Table 5.10 Distribution of monthly income (Rs) for paddy land owners and farmers

Kaduwela
Income Level(LKR)
Owners Tenants
10001-20000 3 0
20001-40000 15 2
40001-60000 22 5
60001-100000 20 2
100001<= 26 0
Not Responded 3 0
Total 89 9
Source: PMU/LRT-JICA update 2018

5.3.6 Vulnerable Households

The vulnerable people include people over 60 years old, households headed by woman, disable
person, chronically ill persons, widows/widowers and poor people. 41 people out of surveyed
population is age of over 60 years old. There are 8 households headed by woman and 3
widow/widower respectively. There are no poor people (households below the poverty line) who
will be affected by the project.

5-10
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 5.11 Status of vulnerability

Vulnerability Colombo DS Kaduwela DS Total

Fort

Ibbanwala

Kotuwegoda

Subuthipura

South
Battaramulla

Udumulla

Malabe North

Malabe West
Age > 60 years 1 4 1 1 0 0 21 13 41
HH with woman
0 0 0 0 0 0 3 5 8
head
Disabled 0 0 0 0 0 0 0 0 0
Chronically ill 0 0 0 0 0 0 0 0 0
Widow/widower 0 0 0 0 0 0 0 3 3
Poor* 0 0 0 0 0 0 0 0 0
Total 1 4 1 1 0 0 24 21 52
Source: PMU/LRT-JICA update 2018
*Note: In Colombo district, minimum expenditure per person per month to fulfill the basic needs is 4,475 Rs/month
according with official poverty line by district for August 2017.

5.4 Land and Property Ownership


The total area of land that needs to be acquired by the Project is described as follows. The Project
will have to acquire a total of 208,148 m2 of private land, a big bulk of which is the paddy land
area in Malabe, where the depot area is planned to be built. It should also be noted that a
significant portion of government land is owned by Sri Lanka Railway (near Fort and Maradana
area) and the Urban Development Authority (e.g. Land surrounding Diyawanna Lake Diyatha
Uyana and Surrounding Bataramulla Junction.)

5.4.1 Residential Property

With the proposed LRT route, there is only one residential property that will be affected by the
project. This property is located in Kaduwela Divisional Secretariat Division. According to the
interview with the household head, he is both the property and landowner (Title Holder). The
survey team observed that a portion of the house is still under construction.

5.4.2 Private Land with Built Structures

Most of the private lands (high lands) with structures are in Colombo DS division. These are
located around Ibbanwala Junction. All the lands with structures in Kaduwela DS division are
located along the existing main road from Battaramula to IT Park Junction.
According to the statements made by business owners and the property owners, there are no
encroachers. All of them have their own titles for their properties.

5-11
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Most of them stated that a considerable portion of their lands has already been acquired by the
government for the road widening in the past. However, it is difficult to check their actual
ownership as well as the titles and the extent of the affected area at this stage.

5.4.3 Private Land without Built Structures

Based on the LRT conceptual design, private land without built structures that may be affected by
the project are located in 3 DS divisions (refer to Table 5.3). The areas that may be affected
include 2 land areas at Ibbanwala Junction, 2 land areas at Rajagiriya and high lands located at
either sides of the existing main road from Battaramulla to IT Park Junction (areas that may be
affected by the train stations). According to the socio-economic survey, these private lands are
owned by legal property owners

5.4.4 Paddy lands

According to the list of names received from Agrarian Services Department – Malabe, affected
lands along the Chandrika Kumaranatunga Mawatha is owned by 89 farmers/families. However,
the ownership of the some paddy lands are not clear. After the death of legal titleholders,
ownership of paddy lands have been fragmentized.
According to the interviews with the farmers, all of them have land titles of the paddy lands.

5-12
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 6 Compensation Package

6.1 Eligibility and Cut-off Date


The cut-off-date eligibility refers to the date prior to which the occupation or use of the project
area makes residents/users of the same eligible to be categorized as PAP and be eligible for
Project entitlements. The cut-off-date is the date stipulated in section 2 notice under LAA.
As per Land Acquisition (Payment of Compensation) Regulations 2013 (Regulations 2013),
non-title holders in occupation as at Section 2 notice are also eligible for compensation.
Therefore, the Section 2 notice would act as the cut-off-date for the non-title holders also if
Regulations 2013 is followed. The current census survey data will be updated by the time of
Section 2 notice.

6.2 Replacement Cost Survey


Replacement cost is a method of asset valuation, which helps determine the amount sufficient to
replace lost assets and cover transaction costs. In applying this method of valuation, depreciation
of structures and assets will not be taken into account. The replacement cost survey (RCS) was
carried out in parallel with Socio-Economic Survey (SES) and Inventory of Loss (IOL) surveys.
Based on consultation with Chief Valuer, it was revealed that at this stage of the project
(feasibility study), actual valuation figures cannot be taken from the Department of Valuation
without an official request made under LAA. However, the land price for each region was
obtained from Provincial Income Department, Grama Niladaries and real estate as shown below.

Table 6.1 Land value provided by Provincial Income Department


Area Residential Commercial
( Rs per perch) ( Rs per perch)
Colombo Ibbunwela Junction 6.0~7.0 million 12.0~15.0 million
Thimbirigasyaya Borella Junction 6.0~8.0 million 7.0~9.0 million
Sri Diyatha Uyana 4.5~5.0 million 5.0~5.5 million
Jayawardanapu
Kadwela Battaramulla 4.0~5.0 million 5.0~6.0 million
Palan thuna 4.0~4.5 million 4.0~4.5 million
Koswatha 3.5~4.0 million 3.5~4.0 million
Thalahena 2.5~3.5 million 2.5~3.5 million
Malabe 3.0~3.5 million 3.0~3.5 million
Chandrika 1.0~1.5 million 1.5~2.0 million
Kumarathunga

6-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 6.2 Land value provided by Grama Niladaries


Area Residential Commercial
( Rs per perch) ( Rs per perch)
Colombo Ibbunwela Junction Not available Not available
Thimbirigasyaya Borella Junction 5.6~6.0 million Not available
Sri Jayawardanapu Diyatha Uyana Not available 6.0~8.0million
Kadwela Battaramulla 2.5~3.2 million 4.5~5.2 million
Palan thuna 3.0~3.8 million 4.0~5.5 million
Koswatha 2.0~3.2 million 3.8~4.8 million
Thalahena 2.8~3.2 million 2.8 ~3.5 million
Malabe 2.6~3.2 million 3.0~3.5 million
Chandrika Kumarathunga 0.8~1.2 million 1.0~1.6 million

Table 6.3 Land value obtained from real estate


Area Residential Commercial
( Rs per perch) ( Rs per perch)
Colombo Ibbunwela Junction Not available -
Thimbirigasyaya Borella Junction 5.8~6.2 million Not available
Sri Jayawardanapu Diyatha Uyana Not available 8.0~10.0million
Kadwela Battaramulla 3.8~5.0 million 5.5~6.2 million
Palan thuna 3.8~4.2 million 4.0~5.0 million
Koswatha 3.8~4.2 million 3.8~4.5 million
Thalahena 3.0~3.5 million 3.0~4.0 million
Malabe 2.8~3.5 million 3.2~3.8 million
Chandrika Kumarathunga 1.1~1.8 million 1.5~2.2 million
Mawatha

6.3 Replacement Cost for Paddy Land


The price of the paddy land in Sri Lanka is generally low, about 7500 Rs/perch. Therefore,
ex-gratia payment will be made for paddy lands based on the difference between the statutory
compensation and the amount equivalent to 10 % of the market value of the land as computed by
the Chief Valuer according to LARC system.

6.4 Replacement Cost for Structure


The types of buildings are broadly categorized into 3 types based on the construction materials
used and the quality of construction. Replacement cost for each structure was calculated using the
Building Schedule of Rates (BSR) of the Engineering Organization of the Western Provincial
Council as well as the design team of the Feasibility study for the proposed project. The summary
of replacement costs is shown in
Table 6.4.

6-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 6.4 Rates to be used for calculating approximate replacement costs of structure.
Structure type Material Unit Amount (Rs)
Type 1 Asbestos, tiled or concrete roof and Square meter 40,000
brick or concrete wall.
Type 2 Tin sheet roof, Tin or brick wall Square meter 25,000
Type 3 Reinforced Concrete building Square meter 130,000

The replacement cost of the affected structure will be evaluated by the Chief Valuer based on the
current market value of the structure (Section 17 of LAA). Since the LARC system will be
applied to the project, additional compensation summing up to the current market value of
materials used for the building/structure may be provided depending on the approval of the LARC
and SLARC. In this case, LARC and Super LARC will refer to similar rates provided in shown in
Table 6.4.

6.5 Entitlement Matrix


The project entitlements were developed and presented in the Entitlement Matrix, corresponding
to the potential impacts that were identified during the census, Socio-Economic Survey (SES) and
Inventory of Loss (IOL) survey. In order to provide benefits to affected people, a Project-specific
compensation package was prepared by MMWD, based on compensations stipulated in the LARC
Gazette. The Entitlement Matrix is presented in Table 6.5.

6-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 6.5 Entitlement Matrix


Ite Entitlements Responsibility Remarks
Entitled
m Type of loss
Persons
A. AGRICULTURAL LAND

A1 Loss of Owner with title 1. All (cash) payments for land will be assessed at market
1. Chief Valuer (CV)
Agricultural deed or similar value by the Chief Valuer with additional ex gratia payments
assesses all
land (Paddy) ownership by LARC. valuations as per
2. An ex gratia payment shall be made based on the difference
document LAA and LARC
between the statutory compensation and the amount
equivalent to 10% of the market value of the land as decides ex gratia
computed by the Chief Valuer. payments
3. If the remaining portion of land after acquisition is2. Land Acquisition
economically not viable for continued use as determined by Officer (DS)
LARC, these options will be available: - manages the
A) If opted by AP, the remainder land will be acquired or acquisition process
injury will be paid at market value.
3. PMU provides
B) Reasonable time will be given to harvest crops if not
payment will be made at market value.
funds & implement
4. Compensation for crops: F1 IRP
5. Livelihood Restoration: H2 4. DS makes
6. Special Assistance: I1 and I3 compensation
payments under
LAA and LARC
A2 Loss of Owner with title 1. All (cash) payments for land will be assessed at market 1. Chief Valuer (CV)
Agricultural deed or similar value by the Chief Valuer with additional ex gratia payments assesses all
land ownership by LARC. valuations as per
2. If the remaining portion of land after acquisition is
document LAA and LARC
economically not viable for continued use as determined by
LARC, these options will be available: - decides ex gratia

6-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
A) If opted by AP, the remaining land will be acquired or payments
injury will be paid at market value. 2. Land Acquisition
B) Reasonable time will be given to harvest perennial Officer (DS)
crops if not payment will be made at market value.
3. Compensation for crops: F1
manages the
4. Livelihood Restoration: H2 acquisition process
5. Special Assistance: I1 and I3 3. PMU provides funds
& implement IRP
4. DS makes
compensation payments
under LAA and LARC
A3 Loss of Tenant, user 1. No payment for land. 1. Chief Valuer (CV) RDA, CV, DS,
agricultural land with lease, 2. Compensation for crops: F1 assesses all valuations LARC.
Sharecropper, 3. Livelihood Restoration: H2 as per LAA and LARC
Ande farmer decides ex gratia
payments
2. Land Acquisition
Officer (DS) manages
the acquisition process
3. PMU provides funds
& implement IRP
4. DS makes
compensation payments
under LAA and LARC

6-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
A4 Loss of Non-titled user 1. No payment for land. 1. Chief Valuer (CV) RDA, CV, DS,
agricultural land or squatter on 2. Compensation for crops: F1 assesses all valuations LARC.
private land or 3. Livelihood Restoration: H2 as per LAA and LARC
state land decides ex gratia
payments
2. Land Acquisition
Officer (DS) manages
the acquisition process
3. PMU provides funds
& implement IRP
4. DS makes
compensation payments
under LAA and LARC

B. RESIDENTIAL LAND AND STRUCTURES

B1 Loss of Owner with title 1. All (cash) payments for land will be made at market value 1. Chief Valuer (CV)
Residential land deed or similar as assessed by Chief Valuer with additional ex gratia assesses all valuations
and structure ownership payments by LARC. as per LAA and LARC
2. All (cash) payments for structure will be made at
document
replacement cost considering
decides ex gratia
A) For parts of structure: the floor area to be considered payments
for payment up to the structural points considering 2. Land Acquisition
structural stability. Officer (DS) manages
B) If the remaining portion of the structure is not suitable the acquisition process
for further usage LARC will consider to pay the 3. PMU provides funds
compensation for that part as well.

6-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
3. All demolished material of the structure can be owned by & implement IRP
the AP. 4. DS makes
compensation payments
For structures not having sufficient land to rebuild upon under LAA and LARC
will be entitled to the following:
1. All (cash) payments for land at market value assessed by
the Chief Valuer with additional ex gratia payments by
LARC.
2. All (cash) payments for structure will be made at
replacement cost considering
A) For parts of structure: the floor area to be considered
for payment up to the structural points considering
structural stability.
B) If the remaining portion of the structure is not suitable
for further usage LARC will consider to pay the
compensation for that part as well.
3. All demolished material of the structure can be owned by
the AP.
4. Assistance from PMU to locate alternative plot for
relocation; OR relocation to a resettlement site if developed
by the project and decided by AP (undeveloped value of the
land plot will be recovered by PMU from the AP).
5. Payment of “Self relocation allowance” within the range of
Rs. 500,000 to Rs. 1,000,000 depending on the area
(Municipality, Urban Council & Pradeshiya sabah) if the AP
decides for self-relocation.
6. Payment for trees – F1
7. Rehabilitation Assistance – G1, G2

6-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
8. Special Assistance – II,I2, I3 as required

B2 Loss of rental Person renting 1. No payment for land and structure. 1. Chief Valuer (CV)
accommodation in a residential 2. If there is partial loss of rental accommodation, AP has the assesses all valuations
structure option to stay with the owners agreement OR if there is a as per LAA and LARC
complete loss and AP chooses to move out, ex gratia payment
for the building shall be the difference between replacement
decides ex gratia
cost and statutory payment to be divided between the owner payments
and the occupant on the following basis. 2. Land Acquisition
Officer (DS) manages
the acquisition process
Period of occupation % of payment 3. PMU provides funds
occupant owner
& implement IRP
4. DS makes
Over 20 years 75 25
compensation payments
10-20 years 50 50 under LAA and LARC

05-10 years 25 75

Less than 05 years 10 90

3. Rehabilitation Assistance – H1, H2

B3 Loss of Non Titled 1. No payment for land. 1. Chief Valuer (CV)


Residential land owner 2. All (cash) payments for structure will be made at assesses all valuations
replacement cost considering. as per LAA and LARC

6-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
and structure A) For parts of structure: the floor area to be considered for decides ex gratia
payment up to the structural points considering structural payments
stability. 2. Land Acquisition
B) If the remaining portion of the structure is not suitable for
further usage LARC will consider to pay the compensation
Officer (DS) manages
for that part as well. the acquisition process
3. All demolished material of the structure can be owned by 3. PMU provides funds
the AP. & implement IRP
4. DS makes
For structures not having sufficient land to rebuild upon compensation payments
will be entitled to the following: under LAA and LARC
1. All (cash) payments for land at market value assessed by
Chief Valuer with additional ex gratia payments by LARC.
2. All (cash) payments for structure will be made at
replacement cost considering
A) For parts of structure: the floor area to be considered
for payment up to the structural points considering
structural stability.
B) If the remaining portion of the structure is not suitable
for further usage LARC will consider to pay the
compensation for that part as well.
3. All demolished material of the structure can be owned by
the AP.
4. Assistance from PMU to locate alternative plot for
relocation; OR relocation to a resettlement site if developed
by the project and decided by AP (undeveloped value of the
land plot will be recovered by PMU from the AP).
5. Payment of “Self relocation allowance” within the range of
Rs. 500,000 to Rs. 1,000,000 depending on the area

6-9
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
(Municipality, Urban Council & Pradeshiya sabah) if the AP
decides for self-relocation.
6. Payment for trees – F1
7. Rehabilitation Assistance – G1, G2
8. Special Assistance – II,I2, I3 as required

C. COMMERCIAL LAND AND STRUCTURE

C1 Loss of Owner / 1. All (cash) payments for land will be made at market value 1. Chief Valuer (CV)
commercial operator of as assessed by Chief Valuer with additional ex gratia assesses all valuations
land and business payments by LARC. as per LAA and LARC
2. All (cash) payments for structure will be made at
structure
replacement cost considering
decides ex gratia
A) For parts of structure: the floor area to be considered payments
for payment up to the structural points considering 2. Land Acquisition
structural stability. Officer (DS) manages
B) If the remaining portion of the structure is not suitable the acquisition process
for further usage LARC will consider to pay the 3. PMU provides funds
compensation for that part as well. & implement IRP
3. All demolished material of the structure can be owned by 4. DS makes
the AP.
compensation payments
4. The temporary loss of income will be determined by the
LARC. under LAA and LARC

For structures not having sufficient land to rebuild upon


will be entitled to the following:
1. All (cash) payments for land at market value assessed by
Chief Valuer with additional ex gratia payments by LARC.

6-10
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
2. All (cash) payments for structure will be made at
replacement cost considering
A) For parts of structure: the floor area to be considered
for payment up to the structural points considering
structural stability.
B) If the remaining portion of the structure is not suitable
for further usage LARC will consider to pay the
compensation for that part as well.
3. All demolished material of the structure can be owned by
the AP.
4. Payment of “Self relocation allowance” within the range of
Rs. 500,000 to Rs. 1,000,000 depending on the area
(Municipality, Urban Council & Pradeshiya sabah).

5. Payment for loss of income will be based on the following


guidelines;
(A) Payment for formal businesses, if the business is
completely loss, 3 years net average adjusted profit of the
years immediately preceding the publication of section 2 of
the Act on production of the tax declaration documents.

(B) For businesses who do not maintain books of accounts


cash payment equivalent to 3 months income OR Livelihood
assistance grant, whichever is the higher.
6. Payment for trees – F1
7. Rehabilitation Assistance – G1
8. Livelihood Restoration – H1

6-11
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
Loss of rental Tenant / 1. No payment for land and structure. 1. Chief Valuer (CV)
C2 accommodation operator of assesses all valuations
business 2. If there is partial loss of rental accommodation, AP has the as per LAA and LARC
option to stay with the owners agreement OR if there is a
complete loss and AP chooses to move out, ex gratia payment
decides ex gratia
for the building shall be the difference between replacement payments
cost and statutory payment to be divided between the owner 2. Land Acquisition
and the occupant on the following basis. Officer (DS) manages
the acquisition process
Period of % of payment 3. PMU provides funds
occupation occupant owner & implement IRP
Over 20 years 75 25 4. DS makes
10-20 years 50 50 compensation payments
05-10 years 25 75 under LAA and LARC
Less than 05 10 90
years

4. Payment for loss of income will be based on the following


guidelines;
(A) Payment for formal businesses, if the business is
completely lost, 3 years net average adjusted profit of the
years immediately preceding the publication of section 2 of
the Act on production of the tax declaration documents.

(B) For businesses who do not maintain books of


accounts cash payment equivalent to 3 months income OR
Livelihood assistance grant, whichever is the higher.
(iii) The temporary loss of income will be determined by

6-12
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
the LARC.

5. Rehabilitation Assistance – G1
6. Livelihood Restoration – H1
C3 Loss of Non-titled user, 1. No payment for land. 1. Chief Valuer (CV)
commercial non-permitted 2. All (cash) payments for structure will be made at assesses all valuations
land and user or squatter replacement cost considering as per LAA and LARC
A) For parts of structure: the floor area to be considered for
structure
payment up to the structural points considering structural
decides ex gratia
stability. payments
B) If the remaining portion of the structure is not suitable for 2. Land Acquisition
further usage LARC will consider to pay the compensation Officer (DS) manages
for that part as well. the acquisition process
3. All demolished material of the structure can be owned by 3. PMU provides funds
the AP. & implement IRP
4. The temporary loss of income will be determined by the 4. DS makes
LARC.
compensation payments
For structures not having sufficient land to rebuild upon under LAA and LARC
will be entitled to the following:
1. All (cash) payments for land at market value assessed by
the Chief Valuer with additional ex gratia payments by
LARC.
2. All (cash) payments for structure will be made at
replacement cost considering
A) For parts of structure: the floor area to be considered for
payment up to the structural points considering structural
stability.

6-13
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
B) If the remaining portion of the structure is not suitable for
further usage LARC will consider to pay the compensation
for that part as well.
3. All demolished material of the structure can be owned by
the AP.
4. Payment of “Self relocation allowance” within the range of
Rs. 500,000 to Rs. 1,000,000 depending on the area
(Municipality, Urban Council & Pradeshiya sabah).

5. Payment for loss of income will be based on the following


guidelines;
(A) Payment for formal businesses, if the business is
completely loss, 3 years net average adjusted profit of the
years immediately preceding the publication of section 2 of
the Act on production of the tax declaration documents.

(B) For businesses who do not maintain books of


accounts cash payment equivalent to 3 months income OR
Livelihood assistance grant, whichever is the higher.
6. Payment for trees – F1
7. Rehabilitation Assistance – G1
8. Livelihood Restoration – H1

D. OTHER PRIVATE PROPERTIES OR SECONDARY STRUCTURES

D1 Partial or Owners of All (cash) payments for affected structure at replacement LARC decides the
complete loss of structures cost; OR Cost of repair of structure to original or better payment
other property (regardless if

6-14
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
or secondary the land is condition; OR Cash assistance for relocation of structure.
structure (i.e. owned or not)
shed, outdoor
latrine, rice
store, animal
pen etc)

E. LOSS OF INCOME OF EMPLOYEES OR HIRED LABORERS

Temporarily Affected

E1 Loss of All affected 1. An allowance of Rs. 15,000 = or 3 months basic salary LARC decides the Businesses will
livelihood (i.e. employees, whichever is higher. payment be encouraged to
while wage or daily 2. Livelihood Restoration – H1 retain existing
businesses are laborers’ in employees
reorganizing on private or Payment for lost
remaining land government income during
or relocating in businesses business
the same area) re-establishment

E2 Loss of All affected Self 1. An allowance of Rs. 15,000 = or 3 months basic salary LARC decides the Payment for lost
livelihood employees whichever is higher. payment income during
2. Livelihood Restoration – H1 employment
re-establishment

6-15
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
Permanently Affected

E3 Job loss due to All affected 1. An allowance of Rs. 15,000 = or 3 months basic salary LARC decides the Payment for lost
relocation of employees, whichever is higher. payment income,
business to wage or daily 2. Livelihood Restoration – H1 rehabilitation
another area or laborers in package to
business private or provide support
operator decides government and income
not to businesses restoration
re-establish

F. TREES & STANDING CROPS

F1 Loss of crops Person who For owner, payment for crops and trees at market prices; For LARC decides the Payment for
and trees cultivates crops tenant, payment for crops shall be paid to tenant; For payment for the loss of the losses. Payment
and/or trees sharecropper, payment for crops shall be shared between crop. for trees
owner and sharecropper according to the sharecropping
owns by private calculated on
agreement; For all - advance notice to harvest crop; AND
/state; if the Payment for net value of crops where harvesting is not market value on
trees in private possible; AND Cash payment for loss of trees and standing the basis of land
the timber given crops at market prices; AND Rights to resources from productivity, type,
to owner and if privately owned trees (i.e. timber or firewood) All felled trees age, and
trees in state will be given back to the owners. productive value
land the timber of affected trees
given to timber
cooperation;

6-16
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
(regardless if
the land is
owned or not)

G. REHABILITATION ASSISTANCE

Shifting Allowance

G1 Loss of Relocating APs/ A shifting allowance shall be paid to the APs based on the LARC decides the Payment for
residential/com APs floor area of the structure in which they were resident prior to payment disturbance and to
mercial reorganizing or the acquisition. Payments will be as follows. assist in
structures rebuilding on rebuilding
same plot
House category (on floor area) Payment (Rs)
(Sq.ft)
Less than 500 50,000
500 - 750 75,000
750 – 1000 100,000
More than 1000 175,000

Temporary Accommodation

G2 Loss of Relocating APs/ Rent allowance shall be paid to the APs based on the floor LARC decides the Payment for
residential APs area of the house in which they were resident prior to the payment disturbance and to
structures reorganizing or acquisition. Payments will be as follows. assist in
rebuilding on rebuilding

6-17
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
same plot

House category Municipal Urban Pradeshi


(on floor area) Council Council ya Sabah
(Sq.ft) Area Area Area
(Rs) (Rs) (Rs)
Less than 500 50,000 40,000 20,000
500 - 750 60,000 50,000 30,000
750 - 1000 75,000 60,000 40,000
More than 1000 100,000 75,000 50,000

H. LIVELIHOOD RESTORATION (ASSISTANCE & TRAINING)

H1 Permanent All affected 1. Livelihood restoration allowance to reestablish a business 1. PMU will secure the PMU will start
effects on commercial funds for the IRP. the IRP prior to
livelihood owners/operator 2. Professional assistance and advice to reestablish and the relocation of
s of businesses/ develop the business 2. PMU will recruit an IRP APs
workers of Specialist/NGO to
3. Vocational or skilled training for affected business owners implement the IRP.
businesses
or their family members
3/4 The IRP Specialist will
4. Vocational or skilled training for workers/daily labours conduct a needs
assessment survey to assist
5. Access to credit facilities (public and private) and invest

6-18
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
opportunities to set up a business at a commercially viable APs individually.
location.
5. PMU and IRP Specialist
6. Allowance and intervention to vulnerable families will coordinate with other
government and non
government organizations
to assist APs.

H2 Permanent All affected 1. For farmers who have remaining land or farmers who 1. PMU will secure the PMU will start
effects on owners and cultivate on new lands will be assisted to increase funds for the IRP. the IRP prior to
livelihood farmers of productivity (i.e. increasing cropping intensity, use of high the relocation of
agricultural yielding seeds, diversification and introduction of new seeds 2. PMU will recruit an IRP APs
lands or crops etc) and assistance to access existing subsidies. Specialist/NGO to
implement the IRP.
2. Introducing new livelihood opportunities for farmers or
their family members. 3. The IRP Specialist will
conduct a needs
3. Priority for APs for project related employment assessment survey to assist
opportunities during construction period. APs individually.

4. Vocational or skilled training for farmers or their family 4. PMU and IRP Specialist
members will coordinate with other
government and non
government organizations
to assist APs.

6-19
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
I. SPECIAL ASSISTANCE

I1 Loss of Owner of Ex-gratia payment will be paid if the AP handed over the LARC decides the To encourage APs
Residential residential possession of a cultivated land or a residential building before payment to handover the
Building/ structure or the date specified by the Acquisition Officer. The payment acquired
Agricultural Agricultural will be determined by the LARC. properties on a
land land. timely basis.

I2 Effects on sub Sub families Assistance from LARC to locate alternative plot for LARC decides the Assistance for re
families living in the relocation; OR relocation to a resettlement site if developed payment establishment.
same house by the project and decided by AP; OR 50% of the
self-relocation allowance.

I3 Effects on Vulnerable APs A maximum of 15,000 Rs of special grant for AP household LARC decides the Assistance, over
vulnerable PAPs including the to improve living standards of vulnerable APs (such as payment and above
female - headed linking to national poverty reduction programs conducted by payment for lost
households, various government institutions) and assistance to in finding assets, to reduce
elderly people suitable land for relocation and shifting. impacts of
and differently resettlement
able. which can
disproportionately
affect the already
vulnerable and to
ensure that the
project does

6-20
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
re-establish the
levels of
vulnerability or
marginalization

J. COMMUNITY ASSETS

JI Loss of Divisional Restoration in existing location of affected community PMU is responsible for Full restoration of
buildings and Secretary of the buildings, structures, infrastructure and common property restoring community buildings,
other structures division, local resources to original or better condition; OR Replacement in resources structures,
(schools, community or alternative location identified in consultation with affected infrastructure,
temples, clinics, local authority communities and relevant authorities; OR (Cash) Payment at services or other
common wells owning or full replacement cost; AND restoration of buildings, community
etc), benefiting from structures, infrastructure, services or other community resources (costs
infrastructure community resources. to be borne by
(local roads, property, project) or
footpaths, infrastructure or payment for such
bridges, resources if agreement for
irrigation, water local authority or
points etc), community to
common undertake the
resources (Bo restoration works.
trees and
shrines…etc.)

6-21
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Ite Entitlements Responsibility Remarks


Entitled
m Type of loss
Persons
K. Unanticipated Resettlement

K1 Any Any unanticipated consequence of the project will be documented and mitigated based on the spirit of the principles agreed upon in
unanticipated this policy framework.
adverse impact
due to project
intervention

6-22
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 7 Compensation Strategy

7.1 Project Impact


It is necessary for PMU to take adequate measures to help PAPs to relocate their business and
houses in a manner that would not disrupt their standard of living and socioeconomic standards. In
this regard, PMU has to work closely with respective Divisional Secretaries, Local Councils and
other government agencies and the public to promote necessary collaboration. In the area covered
by the LRT, the partially affected houses and business establishments could be retained in the
same premises, if sufficient land is available to do so. It would be the most desirable option for the
PAPs. However, the decision completely depends on the PAPs. PMU will have the facilitating role
in implementating PAPs’ decisions. Prior to this PMU has to be certain that PAPs have sufficient
information to make their decisions.
For this Project, the following project impacts are expected.
1) There will be 66 built structures, which will be partially and fully affected by the Project.
Only one residence at the proposed IT Park Station will be fully affected and the residents
may have to be resettled.
2) Livelihood of about 455 employees hired by around 100 businesses will be partially and fully
affected by the Project. Among these, 108 employees belong to Carmart (Peugeot and
Mazda) and 75 employees belong to Lal and Nihal. Together with Ishara Traders, these
businesses are located in Ibbanwala Junction.
3) Eighty nine (89) paddy land owners and 9 tenant farmers at the depot site will be affected.

In order to ensure that PAPs would not be impoverished or worse off as a result of land acquisition
and relocation, there are several allowances included in the Entitlement Matrix. The shifting
allowance and temporary accommodation allowance, under rehabilitation assistance is to provide
assistance for changing locations due to the project. The self-relocation allowance, which is
provided considering the location of the affected property, is also important for businesses
establishing in a new location. The allowances under special assistance category look in to the
household level special needs like allowances for sub families and vulnerable people. Although
the project entitlement matrix provide these assistance, it is also essential to implement an income
restoration program to restore the affected livelihoods of PAPs.

7.2 Attitudes of Affected People


During the socio-economic survey, the willingness of affected people or attutides for alternative
options was questioned. The response of affected people are summarized below.

7.2.1 Assistance to find an alternative place.

The table shows that more than 90% of affected people is willing to receive assistance to find an

7-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

alternative place.
Table 7.1 Willingness to get assistance to find an alternative place

AP Need assistance to find an


DS Division GN Division alternative place
Category
Yes No Total
Residential Kaduwela Malabe west - - -
Commercial Colombo Fort 13 2 15
Ibbanwala 1 0 1
Kotuwegoda 10 0 10
Kaduwela
Sri Subhoothipura 12 1 13
Battaramulla South 3 0 3
Udumulla 5 1 6
Malabe North 18 0 18
Malabe West 15 1 16
Total 77 5 82
Source: JICA study team

7.2.2 Willingness for relocation

Approximately 80% of affected people responded that they are not sure if they are willing to
relocate, while 15% responded with willingness for the relocation.
Table 7.2 Willingness for relocation
AP Willingness to relocate
DS Division GN Division
Category Yes No Not sure Total
Residential Kaduwela Malabe west - - - -
Colombo Fort 5 0 12 17
Commercial Ibbanwala 0 0 5 5
Kotuwegoda 2 0 8 10
Kaduwela
Sri Subhoothipura 1 1 11 13
Battaramulla South 0 0 3 3
Udumulla 1 0 5 6
Malabe North 2 2 15 19
Malabe West 4 0 13 17
Total 15 3 72 90
Source: JICA study team

7.2.3 Method of Compensation

Approximately 20% of respondents answered that they prefer to have a new place to be provided
as compensation, while only 3% prefers cash compensation. Majority of affected people (72%)
did not have an idea of their preferred compensation method.

7-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 7.3 Method of compensation


Method of compensation
AP DS Land
GN Division
Category Division for Not New
land Cash sure place Other Total
ResidentialKaduwela Malabe west - - - - - -
Colombo Fort 0 0 12 5 0 17
Ibbanwala 0 0 5 0 0 5
Commercial Kotuwegoda 0 0 8 2 0 10
Sri
Kaduwela Subhoothipura 0 0 11 1 1 13
Battaramulla
South 0 0 3 0 0 3
Udumulla 0 1 5 0 0 6
Malabe North 1 2 14 2 0 19
Malabe West 0 0 7 10 0 17
Total 1 3 65 20 1 90
Source: JICA study team

7.2.4 Availability of alternative place

The majority of affected people (92%) does not have alternative place to rent.

Table 7.4 Availability of alternative place

AP Do you have a alternative place to


DS Division GN Division rent
Category
Yes No Total
Residential Kaduwela Malabe west - - -
Commercial Colombo Fort 0 16 16
Ibbanwala 4 1 5
Kaduwela Kotuwegoda 1 9 10
Sri Subhoothipura 1 12 13
Battaramulla South 0 3 3
Udumulla 0 6 6
Malabe North 0 18 18
Malabe West 1 16 17
Total 7 81 88
Source: JICA study team

7-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

7.3 Income Restoration Program


7.3.1 Livelihood and Income Restoration Strategies

The National Involuntary Resettlement Policy (NIRP), World Bank OP.4.12 and JICA guidelines
on resettlement recognizes the need for re-establishing livelihoods of affected persons and
improving their standard of living; avoiding impoverishment of people as a result of compulsory
land acquisition for development purposes; and providing livelihood compensation and
development options at the earliest opportunity to PAPs.
Internationally recognized best practices propose a set of principles that guide the planning and
implementation processes of income restoration programmes. In terms of these guiding principles,
livelihood and income restoration should be integrated into on-going community development
processes. The NIRP recognizes and acknowledges this approach by stating that resettlement
should be planned as a development activity for the affected people based on the principle that
PAPs should be engaged in planning and implementation of income restoration programmes.
There are different types of livelihood and income restoration strategies. Such a strategy could
take the form of a short-term or a long-term strategy; or it could be a land-based or non-land based
or enterprise-based strategy. International best practices recognize the following types of key
income restoration strategies.
 Cash-based assistance: Cash-based assistance is primarily a short-term strategy. It could
take different forms according to the context within which it is applied. For example,
people who lose their livelihoods and incomes can be offered temporary paid work (e.g.
cash-for-work) by the project until they re-establish their livelihoods or initiate new
livelihoods. APds can also be given a cash grant to restore their livelihood and income
sources as per the Cabinet approval.
 Other forms of assistance: A variety of assistance can be provided to PAPs under non cash
based income restoration strategy which is usually a long-term strategy. It could provide
linkages to Agrarian Services Department, technical and vocational skills development
training; access to micro-finance; business development support services such as assistance
for product development and quality improvement, business planning, financial
management and accounting; support for accessing markets; and linking PAPs with
existing government services that provide assistance to businesses.
Based on the results of the socio-economic survey, four main strategies have been identified as
IRP options for PAPs. These include:
 Capacity building of PAPs through institutional development
An important support for PAPs is to improve their capacities in order to adopt alternative
forms of livelihood. One method of capacity building is to strengthen social institutions in
the affected area, particularly in the proposed depot. The PMU can facilitate the formation
of an association of Ande farmers and vulnerable households so that they can consult
amongst each other regarding maximizing livelihood restoration opportunities.
 Advise on Financial Management
This will include providing financial management training to PAPs, particularly vulnerable
population. This is necessary in ensuring that PAPs are able to manage their financial
resources efficiently.

7-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

PMU would assist the households to access micro credit facilities and/or investment
opportunities in order to obtain production assets. PMU will recruit a Micro Finance
Specialist and this support program will be implemented with the participation of local and
national level institutions such as Samurdhi authority, Central Bank of Sri Lanka and
various commercial banks.
 Business development program
Vocational training and small business development trainings shall be provided to the PAPs,
if they request. There are several government and non-government institutions, which
conduct various types of vocational training, such as NAITA (National Apprentice and
Industrial Training Authority), IDB (Industrial Development Board) and Ministry of
Education and Ministry of High Education. PMU will coordinate for the arrangement of
vocational training through the discussion with the PAPs.
 Employment opportunities
PAPs can be given a cash grant to restore their livelihood and income sources as per a
Cabinet approval. While facilitating cash-based compensation, PAPs shall be provided with
a variety of assistance under non cash based income restoration strategies, which is usually
a long-term strategy. For example, employment opportunities during construction, select
qualified family members shall be given priority when recruiting staff for the O&M
company.

In order to ensure the feasibility of the livelihood and restoration strategies, the actual experience
of the Kelani Bridge Project will used as reference particularly in terms of providing micro
finance and business development support. The Kelani Project experience demonstrates that it is
advisable to engage the PAPs in the Program as early as possible. It is recognized that there is no
blanket solution in coming up with the most appropriate strategy. It is important to incorporate the
characteristics of the LRT Project’s PAPs.

7.3.2 Business Owners and Workers

The LRT Project will likely affect 100 businesses, including the owners and workers engaged in
those business activities in the project area. There are 455 employees hired by these 100
businesses. Among these (455 employees), 108 employees belong to Carmart (Peugeot and
Mazda) and 75 employees belong to Lal and Nihal. Together with Ishara Traders, these businesses
are located in Ibbanwala Junction
Income restoration for the affected business owners is a straightforward activity looked after by
LAA. The LAA and LARC stipulate provision of compensation for business losses, including
losses to land and structure. This is included in the resettlement budget. In addition to the
compensation stipulated in the LARC/S-LARC. The following support are considered to restore
and improve the livelihood of business owners:
 Provide government-owned spaces/facilities for small business owners temporarily so
they can continue their businesses during the construction. These areas will be selected in
coordination with PAPs, UDA, and local authorities
 Provide comparative advantage in terms of business opportunities within the proposed
train stations and its surrounding area

7-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

 Support in finding available spaces/facilities in surrounding areas that can be alternative


locations for affected businesses in coordination with local authorities and real estate
agents
 Support in redesigning the restoration/renovation of affected buildings
PMU will work out operational plans to make necessary compensation for personnel who lose
their jobs. Regarding employees attached to these business ventures in different grades, they will
be compensated for their loss of salaries and wages caused by the Project. Besides, if there will be
permanent impacts on the PAPs’ livelihood, the PAPs are entitled to obtain professional assistance
and advice, to invest funds or to set up a businesses at a commercially viable location on request
basis.

7.3.3 Farmers and Ande Farmers

There are 89 paddy land owners and 9 Ande farmers affected by the Project in Kaduwella DS area.
As per the LAA and LARC, these affected groups will get compensation for their loss of land and
crops. Furthermore, the entitlement matrix for the project has included additional income
restoration measures for the owners and farmers losing agricultural land.
If there will be permanent impacts on the PAPs’ livelihood, the PAPs are entitled to obtain
professional assistance and advice, to invest funds or to set up a small business at a commercially
viable location, on request basis. PMU will also assist the households to access micro credit
facilities in order to obtain production assets. Vocational training shall be provided to the PAPs, if
they request.
For many paddy landowners/famers, paddy cultivation is not the main source of their livelihood.
During consultation, some expressed preference for cash compensation. Aside from cash, the
following measures are considered to improve the livelihood of paddy landowners/farmers
(depending on the amount of land remaining with them):
 Home garden development.
 Providing training and support to increase the yield and productivity of available land (e.g.
use of variety of crops, plant nurseries) with the help of the Department of Agrarian
Services
 Encourage contractors to purchase seedlings and other necessary items to be used for the
green belt development from affected farmers
 Providing training and support to adopt off-farm activities (e.g. milling)

Based on the consultation with PAPs, since most of Ande farmers are old with limited income
sources, some of them requested for employment opportunities for their children and/or
grandchildren. PMU will give priority to qualified family members of the Ande farmers when
recruiting staff for the O&M company. Another option is the provision of vocational livelihood
training to the PAPs and/or their children in order to secure other sources of income. For the
senior Ande farmers, upon their request, they may be taught to make hand-made domestic
consumable items (e.g. brooms, kitchen tools) that can be made at home. Financial management
training will also be provided so that the farmers will be able to manage their financial
compensation well.

7-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

7.3.4 Vulnerable Population

During the survey, 52 people have been identified as vulnerable, which people over 60 years old,
women household heads, and widows/widowers. Their households shall receive a special
restoration allowance in addition to other entitlements. Similar to Ande farmers, qualified family
members shall be given priority when recruiting staff for the O&M company.
In addition to this, PMU will support them to prepare for land acquisition inquiries and other
assistance they need for smooth transition. PMU will maintain close contact with the vulnerable
population throughout the project implementation.

7.3.5 Other special consideration

In the case of affected government structures that house small shops like in Diyatha Uyana and
Floating Market, these will be rebuilt after construction. Thus, affected small shops may continue
their businesses after rebuilding of these structures. On the other hand, affected small shops in
Fort area which will be converted into a multi-modal transportation hub, will be supported in
coordination with CMC and UDA. .

7.3.6 Organization to Implement IRP

PMU will act as facilitator and coordinator for the PAPs to obtain the services and inputs available
from the respective state and private institutions in the area of entrepreneur development. PMU
together with supervision consultant will recruit Micro finance and credit specialist and business
development specialist during the land acquisition process to develop and implement IRP.
The IRP will need to be prepared well before the physical land acquisition starts. If required,
PMU considers in recruiting a suitable NGO to assist the implementation of IRP. PMU will
provide logistic support and initial funds required to implement the programme.
Whenever required, expertise services for specific areas will be drawn from outside sources to
assist PAPs. In accordance with the proposed IRP measures, the IRP will have linkages with the
following institutions:
 Banks and other financial institutions
 Vocational Training Authority
 Agrarian Services Department
 Department of Agriculture, Department of Export Agriculture
 Department of Forestry
 Department of Inland Fisheries
 National apprentice and Industrial Training Authority
 Assistance of the NGO
 All income restoration programs will be undertaken in consultation with individual PAPs
and their associations

7-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Categories of PAPs entitled to Income Restoration Benefits in the Project area are as follows:
 PAPs losing businesses
 Owners of paddy lands
 Ande farmers
 PAPs categorised as Vulnerable
 Others losing income due to the Project

It is important to note that around 90% of the PAPs are small and medium scale business owners.
Most of the paddy landowners are unemployed aged people. Some of these people are living with
their children and are not staying in the affected area. Vulnerable people include people over 60
years old, women household heads, and widows/widowers.

7.3.7 Schedule of IRP Implementation

The implementation of the IRP will start in July 2018 and will continue until December 2024. The
IRP will start prior to the physical displacement of PAPs. Awareness raising and stakeholder
engagement activities have been conducted from the early phase of the project. In particular, IRP
consultations are aimed at presenting IRP (e.g. its objectives, eligibility, IRP options) and
obtaining feedback from the PAPs. These engagements will continue throughout the IRP
implementation. The IRP survey will start during the third and fourth quarters of 2018. Based on
the results and findings of the IRP survey, and IRP planning workshop will be organized to
identify appropriate IRP measures for PAPs and other stakeholders.
The indicative implementation schedule of proposed IRP measures is shown in the Table below. It
can be seen that capacity building (institutional development) will be implemented during the
RAP implementation. Support to accessing micro-finance is envisioned to start in mid-2019.
Business development support and employment opportunities will start in mid-2020.

Table 7.5 Indicative Schedule of IRP Implementation

7-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 8 Stakeholder Engagement

8.1 Introduction
It is important to promote public understanding and fruitful solutions to address the local needs of
the communities and issues pertaining to resettlement, through information dissemination,
consultation and participation processes involved with PAPs and other stakeholders. The
consultation method needed for this project will employ a range of formal and informal
consultative methods, including stakeholder meeting, awareness program, focus group discussions
(FGD), key informant interviews and individual interviews. The chapter summarises the different
consultation carried out by the Project and the key concerns raised. Detailed minutes of meetings
of each stakeholder engagement are attached in Annex E.

8.1.1 Information Dissemination and Notification

Information dissemination and notification regarding the stakeholder engagement events vary
depending on the type of engagement required. Awareness and consultation meetings for
government offices have been coursed through official invitations released by MMWD to relevant
offices. Public engagement meetings have been publicly announced through newspaper
announcements, leaflets and posters at DS/GN offices in all three official languages – Sinhala,
Tamil and English (see Photos below). For PAPs like paddy land owners, tenant farmers and
business owners, they were contacted individually and were invited to meetings.

8-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Public Engagement Meeting Posters in local languages posted at the DS/GN office in Kotte

Design of leaflets distributed to the public. Sinhalese and Tamil version are also available. Copies were also
provided in the DS/GNs offices.

8-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Newspaper announcements (Sinhala and Tamil versions) for the Public Engagement Meeting
(EIA Scoping)

Newspaper announcements (English and Sinhala versions) for the Public Engagement Meeting
(EIA Disclosure)

8.1.2 Stakeholder Engagement Strategy

Several stakeholder engagement activities were conducted by the PMU to ensure an open,
inclusive, and consultative engagement process. The approach employed takes into account
dynamics across the horizontal and vertical spectrum of the government in order to gather support
from relevant government agencies and local governments before reaching out to the PAPs. Thus,
awareness meetings were separately conducted for relevant government agencies (including
Municipal Councils), Agrarian Services Department (Kaduwela), DS and GNs. The Kaduwela
Agrarian Services provided the list of farmers who utilize the area of the proposed depot.

8-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Targeted awareness meetings were held to be able to better communicate and obtain specific
needs of different groups of PAPs. Separate awareness meetings were held for paddy landowners,
tenant farmers, property owners, and business owners. Also, focus groups discussions were held
targeting specific groups, whose activities may be affected by the project (e.g. 3-wheeler drivers,
small business owners, pedestrians.
Besides the public engagement meetings held as part of the EIA process (meetings at each
affected DS during the scoping phase and EIA Report disclosure), the PMU also conducted
consultation meetings with project-affected persons, particularly to discuss about the RAP and
gather their feedback.

8.2 Initial Stakeholder Meeting


In line with the above approach, PMU launched a series of public awareness and stakeholder
consultation meetings at national and divisional levels, targeting appropriate audiences. This
series of meetings commenced first with the Initial Stakeholder Meeting, inviting different
government agencies and local councils. This meeting was held on 16th of May 2017 at the
Auditorium of Sethsiripaya Stage II, Battaramulla.
This meeting was attended by senior officers of Ministry of Megapolis and Western Development,
representatives from JICA Sri Lanka office, representatives from Colombo Municipal Council,
representatives of Municipal/ Urban Councils , officers from Ministry of Higher Education
and Highways and Road Development Authority (RDA), Ceylon Electricity Board (CEB), Sri
Lanka Land Reclamation & Development Corporation (SLLRDC), Urban Development Authority
(UDA), Department of National Physical Planning, Department of Railway, representatives from
respective Divisional Secretary (DS) Divisions etc. A total of around 50 representatives and
officials attended the event.
In the meeting, the Project Director presented about the LRT project. Afterwards, the forum was
opened for discussion. The points discussed can be classified in to three areas as Environment,
social and technical. These points are presented in Table 8.1 below. The minutes of the event and
the list of participants are provided in Annex E.

Table 8.1 Summary of Initial Stakeholder Meeting


Environment Social Technical Other
 Visual barrier by  Integrated  Improvement of  Why is it not connect
elevated development roads. (Discussion to Kaduwela instead
structure. around Malabe with RDA) of Malabe?
area? (Alternative routes)
 Functions at the  Park and ride  Intersection with  Law enforcement on
depot. (The facilities. Kv line. (From safety. (No entrance
Malabe end Colombo to to the tracks)
cleaning Narahenpita.
maintenance etc.)
 Thalangama  Cotta road station  Utility line
Environmental (Proposed project maintenance.
sensitive area. by Dept. of (Discussion with
(Discussion with Irrigation for a Utility State holders
CEA) housing and provisions)
development)

8-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

 Broken part  Over supply of  Power supply for


disposal. local bus service. LRT.
 Flood associated  Identification of  Transient load
with LRT new bus route from calculation.
development. the project.
(During and after
construction)
 Port city  Using precast
connection. techniques during
construction.

8.3 Awareness Programs


8.3.1 Awareness Programs for Local Government Officials (DS and GN Level)

Prior to the socio-economic survey, awareness programs for the four affected Divisional
Secretaries (DSs), Grama Niladhari (GN) and officers of Department of Agrarian Services
(Kaduwela) were held in between May to June 2017. During these meetings, the need for a
rail-based public transportation system like the LRT to reduce traffic congestion was highlighted.
The envisioned transport network in Colombo Megapolis Region and the proposed LRT system
were discussed. The project officials presented the project rationale, reasons for selecting Malabe
corridor, and how the project will be financed. Being the first of its kind in Sri Lanka, attention
was given to describing the components of the LRT system, its design (space requirement), its
potential impacts and the measures to be taken by the PMU to mitigate and manage those impacts.
The presentation included visual images and videos of LRT.
The summary of the local level awareness programs is shown in Table 8.2. All the questions
raised were noted and addressed by the project officials. The minutes of these meetings are
attached in Annex E.

Table 8.2 Summary of Awareness Program for DS and GNs


Date Venue Target group No. of
Participants
24.05.2017 DS Office - Colombo Grama Niladaries and Development 45
Officers attached to DS Division.
26.05.2017 DS Office - Grama Niladaries and Development 31
Thibirigasyaya Officers attached to DS Division.
31.05.2017 DS Office – Sri Grama Niladaries and Development 35
Jayawardanapura Kotte Officers attached to DS Division.
07.06.2017 Agrarian Services Officers of Agrarian Services Centre, 30
Centre, Kaduwela Kaduwela
14.06.2017 DS Office - Kaduwela Grama Niladaries and Development 58
Officers attached to DS Division.
(Source: RAP study team)

8-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

8.3.2 Awareness Meetings for PAPs

During the early stage of the project, PAPs were identified. Recognizing the need to involve them
as early as possible, awareness programs for PAPs were organized. One of the meetings was
organized for paddy landowners and tenant farmers in the proposed depot area. Another meeting
was conducted for potentially affected business owners. The details of these meetings are shown
in in the Table below. The meeting minutes and list of participants are attached in Annex E.

Table 8.3 Summary of Awareness Program for PAPs


Date Venue Target group No. of
Participants
01.07.2017 Sanasa Building Paddy land owners and the tenant farmers of 23
Malabe the lands in the proposed depot area

31.08.2017 Suhurupaya, Officials/owners of affected businesses 17


Battaramulla
(Source: RAP study team)

8.3.3 Public Engagement Meetings

The public awareness meetings were held for each affected Divisional Secretariat. Four public
engagement meetings were primarily aimed at presenting the LRT Project and its corresponding
environmental and social impacts and at obtaining the views, suggestions and support from the
public.
In addition to the points mentioned in meetings organised for local officials, special attention was
given in explaining land acquisition, the opportunities available for public through LRT and issues
that might arise during construction period and mitigation measures. All the questions raised
were noted and addressed by the project officials.
The summary of public engagement meetings are shown in Table 8.4. Detailed minutes of
meetings and list of participants are attached in Annex E.

Table 8.4 Summary of Public Engagement Meeting


Date Venue Target group No. of
Participants
11.07.2017 DS Office – Sri GNs and public of Sri Jayawardanapura 14
Jayawardanapura Kotte Kotte DS Division
12.07.2017 DS Office - Colombo GNsand public of Colombo DS Division 34
12.07.2017 DS Office - GNs and public of Thibirigasyaya DS 29
Thibirigasyaya Division
18.07.2017 DS Office - Kaduwela GNs and public of Kaduwela DS 69
Division
(Source: RAP study team)

8-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

8.4 Focus Group Discussions


There are certain groups, whose livelihood and activities may also be affected by the project.
These would include Focus group discussions with different segments of the community when
carrying out the Social Impact Assessment. The key points discussed were summarised in Table
8.5 and details are annexed in Annex E.

Table 8.5 Summary of Focus Group Discussions


Date Venue Target group No. of
Participants
Borella Three wheeler drivers 7
Malabe Parents and students of Ananda Vidyalaya - 7
September Malabe
2017 Town Hall Pedestrians 6
Maradana School van drivers 6
Borella Borella Bo tree devotees 5
Battaramulla Small business owners 5
December 3-wheeler drivers 11
2017 Pettah Pedestrians/ commuters 4
Bus drivers 6
(Source: RAP study team)

8.5 Consultation of PAPs


The PMU conducted a series of consultation meetings for potentially affected people in order to
explain the proposed land acquisition and resettlement approach for the project. The consultation
meetings were conducted in following groups. The key points discussed were summarised in
Table 8.6 and details are annexed in Annex E.
 Affected farmers in proposed Depot area
 Affected people in Kaduwela DS area
 Affected people in Colombo DS area

Table 8.6 Summary of Consultation with PAPs


Date Venue Target group No. of Participants
04.01.2018 Kaduwela Paddy land owners & tenant farmers 29
Divisional in the proposed depot area
Secretariat Office
05.01.2018 Sethsiripaya Affected business owners in 38
stage II Kaduwela DS
05.01.2018 Colombo DS Affected business owners in 15
Auditorium Colombo DS
(Source: RAP study team)

8-7
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

In addition, PMU also conducted four individual consultation sessions (ICS) held on March 26-27,
2018. Details of the meetings are shown in the Table below. The key points discussed were
summarised in Table 8.6.
A total of 16 paddy landowners, farmers, and Ander farmers participated. These sessions were
aimed at obtaining PAPs views regarding the LRT project, compensation, IRP, and grievance
mechanism. Since these sessions are in smaller groups compared to earlier consultation meetings,
PAPs had an opportunity to be more open and to freely express their opinions and concerns.
Table 8.7 Summary of Consultation with PAPs
Date Venue Target group No. of Participants
26.05.2018 Suhurupaya Farmers and landowners 7
27.05.2018 Suhurupaya Farmers and landowners 3
(AM)
27.05.2018 Suhurupaya Farmers and landowners 6
(PM)
(Source: PMU)

8.6 Consideration of Stakeholders’ Feedback


Several awareness and consultation meetings have been conducted not only to inform about the
LRT Project, but, more importantly to gather stakeholder comments and concerns that will be
considered and incorporated in the project development. A summary of how comments and issues
raised have been considered in the LRT project is presented in the Table below.

8-8
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 8.8 Consideration of Stakeholder Feedback

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
1 May 16, 2017 Initial Concerns
10:00-13:00 Stakeholder  RDA: Traffic during construction period (need  Inclusion of traffic management plan development in the
MMWD Consultation for traffic management plan); Impact on existing EMMP
Office Meeting roads (need for road widening)  Design of the elevated structure that would minimize
impact on existing roads; Consider the use of precast
structures to reduce impacts and speed up construction
 Close coordination with RDA in terms of road widening
at Malabe area

 UDA: hydrological impacts of the JICA-LRT  Hydrological impacts of the LRT have been included in
(proposed trace is on flood inundation area) the Impact Assessment; Mitigation and management
measures have been provided; Coordination with
SLLRDC regarding flood modelling in depot area and
Diyawanna Lake

 Lanka Electricity Co. (LECO): Impacts on  Close coordination with utility agencies
power distribution lines along existing roads
 National Transport Council: Adverse impact on  Provisions to make new bus routes and shuttle services
private bus owners to connect stations to main towns
 Department of Irrigation: Potential impact on a  The proposed route is along the other side of Cotta
planned housing development near Cotta Road Road. The planned development will not be affected.

Questions

8-9
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
 RDA: Affordability (budget); Potential positive  Pricing of the JICA-LRT tickets are set at competitive
impacts rates with existing modes of transportation

 UDA: Extension of the JICA-LRT to Kaduwela  Extension to Kaduwela is included in the design of the
instead of stopping at Malabe; visual impact of LRT (IT Park Station)
elevated structure; facilities for maintenance and  Visual impacts of the JICA-LRT have been included in
repairs at the end point; potential connection the Impact Assessment; Mitigation and management
with the Port City Development measures have been provided
 Construction of depot area at the end of the JICA-LRT
line (West Malabe area)
 Coordination with the officials of the Port City
Development Project; Consider providing a dedicated
line to/from the Port City in the future

 LECO: Possibility of underground construction;  Conduct of alternative analysis for type of LRT structure
Power requirements of the JICA-LRT

 JICA Survey Team: Issues regarding the  Avoidance of the Thalangama EPA; Close coordination
construction of depot on paddy fields; Issues with CEA; Conduct of Stakeholder Meeting to discuss
regarding crossing of Thalangama EPA; issues
 Department of Irrigation: Impact on paddy fields  Design of an elevated depot structure; Open
within the EPA communication with farmers/paddy land owners that
may be impacted in the proposed depot area

8-10
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
 JICA Study Team: Issues regarding the potential  Shortening of the JICA-LRT route to Fort Station
disturbance on the Perahara festival hosted by (excluding Slave Island, Kollupitiya, and Perahara Mw)
Gangaramaya Temple (proposed JICA-LRT
route along Perahara Mw).
 Sri Lanka Transport Board: Plan for parking  Consideration of Park and Ride facilities in the future
facilities near stations (e.g. park and ride) development of the stations;
2 May 24, 2017 Awareness Concerns
10:30-12:00 Meeting for  GN- Keththarama: Land acquisition in Colombo;  Use of the centreline of the road to minimize land
Auditorium, Colombo DS Impact on existing buildings acquisition and impact on existing buildings
Colombo DS and GNs

 GN-Grandpass: Impact on religious places  Shortening of the LRT route to avoid Gangaramaya
Temple and Perahara Mw (road in front of Altair)

Questions
 GN-Grandpass: Impact on existing railway  LRT runs through a trace not covered by existing rail
tracks tracks.

 Development Officer: Direction of tracks; Ticket  Pricing of the LRT tickets are set at competitive rate
price; Passenger capacity with existing modes of transportation

8-11
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
3 May 26, 2017 Awareness Concerns
11:30-13:00 Meeting for  Development Officer: Environmental impacts of  Conduct of an inclusive EIA process. As much as
Auditorium Thimbirigasya the project; Risks that similar issues from Uma possible, minimize the potential environmental and
Thimbirigasy ya DS and Oya Project may arise social impacts as early as design phase of the project
aya DS Office GNs
 GN- Wellawatta: Structures (buildings) that may  Development of RAP
be affected
Questions
 Development Officer: Length of proposed  Extension of the LRT to Kaduwela is considered in the
JICA-LRT; project design
 GN- Wellawatta: Passenger capacity; Ticket  Pricing of the JICA-LRT tickets are set at competitive
price rate with existing modes of transportation

4 May 31, 2017 Awareness Concerns


10:15-12:00 Meeting for  Divisional Secretary: Additional land acquisition  Propose a cantilever design that would fit within the
Auditorium Kotte DS and in Rajagiriya flyover area ROW of the flyover so that no additional acquisition will
Kotte DS GNs be necessary
Office
 Development Officer 1: Road developments  Coordination with RDA to identify alternative roads
around LRT stations; Traffic impact (from during construction period
Pagoda Road to Nawala Road) and proposed
solution

8-12
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Questions
 Development Officer 3: Express trains; Ticket  Operation of express and local trains are incorporated in
purchase mechanism; Technical training the O&M Plan
program for locals
Supportive Comment
 Development Officer 2: Consideration of NA
comments during Monorail Project consultation
(regarding extension of the route to Malabe);
Suggest parking facilities at stations, carpooling,
and dedicated bus lane
5 June 14, 2017 Awareness Concerns
10:20-11:40 Meeting for  GN- Muththettugoda: Train engines imported  Not aware of that case. JICA-LRT is electricity driven
Auditorium, Kaduwela DS from Japan that had to be disposed. Risks of and will not require engines
Kaduwela DS and GNs similar case for the JICA-LRT
Office
 Development Officer 1: Traffic during  Development of a traffic management plan during
construction period (traffic management); construction
Employment of foreign workers during  Employment of local workforce during construction as
construction and operation much as possible. Foreign experts will need to train local
staff during first months of operation

 Concern that the project will not be implemented  Conduct of alternative analysis. LRT is more cost
like the Monorail effective and more suitable for Sri Lanka

8-13
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Questions
 GN-Kalapaluwawa: Ticket cost  Pricing of the JICA-LRT tickets are set at competitive
rates with existing modes of transportation

 Development Officer 1: Frequency of trains  Train frequency will be every 4 minutes (during peak
(operation) hours) and every 10 minutes (during night time)

 Development Officer 2: Plan for train stations  Conduct of alternative analysis. Elevated train stations
(elevated or underground); End to end travel are more cost effective
time is shorter for Monorail  Design for Monorail is different
6 June 7, 2017 Awareness Concerns
11:00-12:30 Meeting for  Agriculture Research and Production  Provision of options for wastewater disposal.
Kaduwela Kaduwela Assessment (ARPA)-Malabe West: Leakage of Design of the wastewater treatment plant that would be
Agrarian Agrarian waste/wastewater to surface water (e.g. Kelani compliant with standards set by CEA for wastewater
Centre Service River);
 ARPA-Malabe West: Impact of depot area on  Inclusion of flood modelling in the EIA Report to know
water holding capacity of the swamp (water project impact on wetlands and catchment areas; Include
catchment); Flood mitigation measures flood mitigation measures in the environmental
 ARPA-Thunandahena: Hydrological impacts of management and monitoring plan
the depot area (flood mitigation plan); Grievance
redress mechanism of project proponent

 ARPA-Taldiyawala: Compensation for tenant Adoption of LARC System for compensation to project
farmers and land owners (gap between affected people
government valuation and market value)

8-14
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Questions
 ARPA-Thunandahena: Target users  Design of JICA- LRT in such a way it can be used by
everyone

 ARPA- Ihala Bomiriya: Allow construction of  Not aware of that project


housing project over a wetland/swamp
7 July 1, 2017 Awareness Concerns
15:00-16:30 Meeting for  Land Owner 1: Impact on existing roads  JICA-LRT design takes into account existing road
Auditorium, Paddy Land capacity and minimizing the need for land acquisition
Sanasa Owners and
Development Tenants
Bank  Land Owner 3: JICA guidelines regarding  Construction will not start until compensation have been
compensation for land acquisition (Experienced provided to people affected by land acquisition and
inadequate compensation for a road widening resettlement
project near the depot area); Noise impacts in  Inclusion of noise impact in the Environmental Impact
depot area Assessment; Provision of mitigation and management
measures in the Environmental Management and
Monitoring Plan

8-15
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
 Tenant Farmer 1: Filling of paddy lands;  Adoption of LARC system for compensation to project
Wastewater impact on surrounding paddy lands; affected people
Impact of depot elevated structure (light,  Close coordination with the Agrarian Service Officers;
stagnant water, agricultural activities); Care in undertaking project-related pre-construction
Alternative depot area activities
 No filling of paddy lands because it is a flood retention
area. Instead an elevated structure will be built
 Construction of a wastewater treatment plan within the
depot to treat wastewater prior to discharge. Discharge
will be compliant with relevant standards.
 Alternative analysis has been conducted for the depot
area. The paddy land area in West Malabe was chosen
due to location and available land (minimum
resettlement).

Questions
 Land Owner 2: Station at Battaramula Junction;  There will be a station in Battaramulla Junction.
parking/park-and-ride facilities  Parking facilities are considered in the development of
train stations at a later stage

 Tenant Farmer 2: Impact of construction of  Inclusion of grievance mechanism during construction


depot (impact on built structures); environmental and operation phases of the project
impact of wastes from the depot area (risks of  Inclusion of waste and sewerage management in the EIA
leakage and contamination) study.

8-16
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
8 July 11, 2017 Public Questions
10:00-11:10 Engagement  Operation details (travel time, frequency of trips;  Operation and maintenance details are decided by the
Auditorium Meeting operating hours) O&M Working Group. Close coordination with the
Kotte DS (Kotte) members of the Working Group from several ministries
Office

 Training of staff (drivers)  Japanese experts will train local staff during the first
months of operation
 Details of JICA-LRT structure  Alternative analysis was conducted for the suitable
JICA-LRT structure. Included in the EIA Report
9 July 12, 2017 Public Concerns
10:15-11:20 Engagement  Land acquisition in Colombo  Design of the LRT that minimizes land acquisition in
Auditorium, Meeting Colombo; Majority of land that needs to be acquired in
Colombo DS (Colombo) Colombo is government-owned.

 Ticket Cost  Pricing of the LRT tickets are set at competitive rates
with existing modes of transportation

Questions
 Connectivity with Maradana; Connectivity of  Connectivity with Maradana through the proposed
stations Transport Station
 Transport system linked to JICA-LRT stations  Provisions to make new bus routes and shuttle services
to connect stations to main towns

8-17
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
10 July 12, 2017 Public Concerns
13:30-15:00 Engagement  Impact of JICA-LRT operation on other forms of  Inclusion of 3-wheel drivers in the focus group
Auditorium Meeting transportation: Consultation with SLTB, private discussion; Consultation with the SLTB, National
Thimbirigasy (Thimbirigasy bus unions, railway department, 3-wheel drivers Transport Commission, Western Province Road
aya DS Office aya) (alternative income generating program) Passenger Transport Authority at the Initial Stakeholder
Meeting and representation at the Steering Committee
 Provisions to make new bus routes and shuttle services
to connect stations to main towns

Questions
 Training for JICA-LRT staff  Japanese experts will train local staff during the first
months of operation
 Ticket price  Pricing of the LRT tickets are set at competitive rates
with existing modes of transportation

 Operation (availability of express trains,  Operation and maintenance details are decided by the
frequency of trips, emergency exits) O&M Working Group. Close coordination with the
members of the Working Group from several ministries

 Land acquisition and compensation  Design of the JICA-LRT that minimizes land acquisition
 Development of RAP and adoption of LARC System for
compensation to project affected people

8-18
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
11 July 18, 2017 Public Concerns
10:30-12:00 Engagement  Traffic impact during construction period;  Development of a traffic management plan
Auditorium, Meeting  Close coordination with RDA in terms of road widening
Kaduwela DS (Kaduwela) at Malabe area
Office
 Compensation for land acquisition and impact  Development and implementation of a Livelihood
on businesses/employment Restoration Program for project affected people
 Development of RAP and adoption of LARC System for
compensation to project affected people
 Opportunities for people of Kaduwela DS  Employ local workforce during construction and
operation phases as much as possible
 Impact on Thalangama EPA  Avoidance of the Thalangama EPA; Conduct of EPA
Stakeholder Meeting to discuss issues
Questions
 Operation (ticket price, insurance for train users)  Operation and maintenance details are decided by the
O&M Working Group. Close coordination with the
members of the Working Group from several ministries

 Alternative power supply (e.g. solar)  Alternative power supply in case of emergencies have
been included in the Feasibility Study
 Associated facilities (park-and-ride facility)  Associated facilities will be considered in future
development of the stations

8-19
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
12 August 31, Awareness Concerns
2017 Meeting for  P&S Manager, Noritake, Regal Theater, People’s  Development of RAP and Livelihood Restoration
14:30-16:30 Affected Bank, Peugot & Mazda: Extent of potential Program; Adoption of LARC System for compensation
18th floor Business damage to our building; Potential impact to our to project affected people and businesses
Suhurupaya Owners operation; Compensation; Schedule of  Design of route alignment with the minimum
construction requirement for land acquisition and resettlement

 CMC: Income restoration program for around  Avoidance of Borella Supermarket


250 small businesses in Borella Supermarket;
Extent of potential damage to our building

13 September 6, EPA Concerns


2017 Stakeholder  Farmers’ Organization: Land fillings during  Avoidance of Thalangama EPA and use of existing roads
14:20-16:30 Meeting construction stage; No considerable impact on at Koswatta Junction
11th Floor, the EPA; Demarcations to prevent encroachers;
Sethsiripaya Impact on anicut;
Stage II  Environmental Foundation Ltd.: Pillars within
the EPA boundaries (number and location);
Height of the JICA-LRT; JICA-LRT as a
physical boundary (prevent encroachment in
EPA); Communication with landowners who
may be potentially be affected; Frequency of
trips

8-20
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Questions
 Centre for Environmental Justice: Exact  Hydrological modelling at the depot area
JICA-LRT route; land filling in the depot area;  Operation and maintenance details are decided by the
Hydrological impacts of the JICA-LRT (risks to O&M Working Group. Close coordination with the
flooding along the route and in the depot area); members of the Working Group from several ministries
Power supply; Travel time; Maintenance and
services
14 September Focus Group Supportive Comments (Suggestions)
2017 Discussion  Better to introduce luxury trains for a NA
Borella (FGD): Three comfortable ride
wheeler  The system need to be double tracked
drivers
 Implementation period need to be planned
properly with minimal impacts to public
15 September FGD: Parents Concerns
2017 and students  There need to be equal opportunity for adults,  Incorporation of barrier free concept in the JICA-LRT
Malabe of Ananda children and differently abled people design
Vidyalaya -
Malabe  Alternative routes needs to be proposed or the  Development of a traffic management plan; coordination
use during construction period with RDA
 Wetlands need to be protected as those are  Consideration of hydrological (flooding) impacts during
essential to reduce floods. construction period

8-21
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Supportive Comments
 JICA-LRT will reduce the travel time and NA
traveling will be comfortable
 Project will reduce traffic and land prices will
increase
16 September FGD: Concerns
2017 Pedestrians  Already, the lands were acquired from the road  Design of the JICA-LRT structure at Rajagiriya ensures
Town Hall side of Rajagiriya and Battaramulla areas, that no additional land acquisition will be required in the
therefore, the land acquisition need to be area.
minimal.
 There need to be equal opportunity for adults,  Incorporation of barrier free concept in the JICA-LRT
children and differently abled people to use the design
JICA-LRT
Supportive Comments
 The development is good as it will reduce the NA
existing traffic situation.
 LRT system needs to be efficient and productive
better than existing rail system.
17 September FGD: School Concerns
2017 van drivers  There needs to be a special entrance for elders.  Incorporation of barrier free concept in the JICA-LRT
Maradana design

8-22
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Supportive Comments
 Railway development is essential for Sri Lanka. NA
 The traffic congestion will be reduced and the
travel time of commuters will be reduced.
 Travel safety will be increased with the Project.
 There will be temporary issues during
implementation but the project will ultimately
benefit the people.
18 September FGD: Borella Concerns
2017 Bo tree  Avoid impact/damage on Bo tree  Design JICA-LRT alignment that avoids Bo trees
Borella Tree devotees
 Trimming and cutting of branches is acceptable  Follow religious rituals if trimming of branches is
only if religious activities are properly necessary
performed.
19 November 11, Public Concerns
2017 Consultation  Impact on shops close to the proposed  Conduct of awareness meetings and consultations with
10:35-12:00 Meeting: EIA JICA-LRT route (Olcott Mawatha) the potentially affected persons/businesses;
Auditorium, Disclosure  Informing the management of an impacted Development of RAP
Colombo DS (Colombo) business enterprise
Office
Questions
 Concrete mitigation measures to reduce  Development of EIA Report
environmental impacts

8-23
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
20 November 11, Public Concerns
2017 Consultation  Route selection; Additional LRT route  Avoidance of Borella Supermarket
14:45-16:00 Meeting: EIA  Impact on Borella supermarket  Development of RAP and adoption of LARC System for
Auditorium, Disclosure
 Impact on transfer of business premises, land compensation to project affected people
Thimbirigasy (Thimbirigasy
acquisition and resettlement
aya DS Office aya)
 Compensation to project affected persons and
businesses
21 November 17, Public Concerns
2017 Consultation  Extent of land acquisition for the proposed depot  Extent of land acquisition will be determined during the
14:00-15:30 Meeting: EIA area detailed design phase
Auditorium, Disclosure
Kaduwela DS (Kaduwela)
Office  Filling of paddy lands  No filling of paddy lands; Adoption of an elevated
structure for the proposed depot

Questions
 Proposed LRT route; additional route (extension  Consideration of route expansion in future development
to Kaduwela)
22 November 21, Public Concerns
2017 Consultation  Plan for the Rajagiriya flyover area  Propose a cantilever design that would fit within the
10:20-12:00 Meeting: EIA ROW of the flyover so that no additional acquisition will
Auditorium, Disclosure be necessary
WP/ Jaya/ (Kotte)
Sirihada  Compensation for PAPs and need for political  Development of RAP and adoption of LARC System for
Vidyalaya, will compensation to project affected people

8-24
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
Rajagiriya  Construction impacts  Conduct of EIA process to address impacts from the
project
23 December FGD: Small Concerns
2017 business
 There is concern on reduced road width and land  Recognition of opinions of small business owners and
Battaramulla owners
acquisition. land owners; Invitation of potentially affected small
business owners in meetings to discuss about the
proposed RAP (including compensation scheme)

Supportive Comments
 Businesses will improve after completion of this NA
project
 JICA-LRT is an important project for the
country and future generations.
24 December FGDs: Concerns
2017 3-wheeler  Reduction of traffic due to the JICA-LRT can  Recognition of the potential impact of the JICA-LRT
Pettah drivers negatively impact livelihood. on the livelihood of 3-wheeler drivers
 Provisions to make new shuttle services to connect
stations to main towns

Supportive Comments
 JICA-LRT is an important development project NA
of the country. It will be beneficial for
everybody.

8-25
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
25 December FGDs: Concerns
2017 Pedestrians/  Pay more attention to the environmental  Development of a comprehensive EIA Report with
Pettah commuters damages of this project and obtain necessary Environmental Management and Monitoring Plan
actions to minimize them.
Supportive Comments
 This project will be very useful for people who NA
travel daily to Malabe area to save their travel
time.
26 December FGDs: Bus Supportive Comments
2017 drivers
 JICA-LRT will be very useful to everyone. NA
Pettah  Currently, buses cannot meet passenger demand
during rush hour.
 JICA-LRT will increase transport facilities and
people will be able to travel comfortably in any
public transport system they prefer.
27 January 4, Consultation Concerns
2018 with PAPs  Amount of compensation for paddy land  Details of land acquisition and resettlement are included
Kaduwela DS regarding  Impact on livelihood of farmers; Possibility of in the RAP and Livelihood Restoration Program (e.g.
Office RAP (paddy conducting businesses at the depot premises. compensation, timeline, eligibility)
land owners &
 Timeframe of land acquisition Adoption of the LARC system; Consider obtaining
tenant cabinet approval for compensation items not stipulated
farmers) in the LARC gazette.

8-26
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
 Potential impacts on surrounding environment  Development of an EIA Report and Environmental
(e.g. waste management and disposal, canal Management and Monitoring Plan
system)  Assessment of vibration impacts included in the EIA
 Impact of large-scale constructing on Report
surrounding built structures
28 January 5, Consultation Concerns
2018 with PAPs
 Extent of land acquisition; Timeframe of project  Details of land acquisition and resettlement are included
Sethsiripaya regarding
implementation in the RAP and Livelihood Restoration Program (e.g.
Stage II RAP (business
 Amount of compensation; Compensation for compensation, timeline, eligibility)
owners)
business owners and employees (including  Development of an Entitlement Matrix for project
business owners who are still paying loan to affected persons.
build their premises)  Adoption of the LARC system; Consider obtaining
cabinet approval for compensation items not stipulated
in the LARC gazette

 Second land acquisition for a government  Coordination with RDA regarding additional land
project (e.g. Malan junction) acquisition in Malabe area

 Vibration impacts on surrounding built structures  Assessment of vibration impacts included in the EIA
Report

8-27
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Purpose Consideration in the JICA-LRT Project


Date &
No. (Target Comments Raised
Time/ Venue
Audience)
29 January 5, Consultation Concerns
2018 with PAPs
Colombo DS regarding  Relocation of businesses that will be affected  Details of land acquisition and resettlement are included
Auditorium RAP (business  Provision of documents related to compensation in the RAP and Livelihood Restoration Program (e.g.
owners) and presented information compensation, timeline, eligibility)
 Type and timeframe of compensation to business  Development of an Entitlement Matrix for businesses
owners who pay rent to SLR (including temporary and informal businesses) and
 Compensation for employees of affected employees
businesses  Adoption of the LARC system; Consider obtaining
cabinet approval for compensation items not stipulated
in the LARC gazette

30 March 26-27, Individual Concerns


2018 consultation
 Compensation package  Clarification regarding valuation process and
Suhurupaya sessions
LARC,S-LARC procedure
(farmers &
landowners)  Conflict between landowners and Ande farmers  Consideration of this relationship during the land
acquisition process (Section 9-1 Inquiry), payment stage,
and IRP planning process
 Losing rights according to the Agrarian Services  Incorporate into the IRP planning
Act (e.g. normally 75% of crop earnings that
goes to the Ande farmers)

Supportive Comment
 Appreciate the LRT project NA
 Agree to land acquisition

8-28
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 9 Grievance Redress Mechanism

9.1 Establishing Grievance Redress Committees


Grievance Redress Mechanism (GRM) is necessary to support genuine claimants to resolve their
problems through mutual understanding and consensus reaching process with relevant parties.
There are number of channel to which people can put complain, such as to police, GN, mediation
boards, DS. All of these will accepts complain from the people. This GRM is in addition to the
available legal institutions for resolving problems and issues faced by the APs due to project
activities.
The PMU will establish two levels of GRCs to resolve project related social issues during
construction and operation phase. These are the Public Complaint Review Mechanism and
Grievance Redress Committees.

9.1 Public Complaint Review Mechanism (PCRM)

The best practice for resolving grievances is to settle issues in the first instance at the grassroots
level. All public complaints will be directed to the PMU. The project staff can attend to grievances
related to resettlement or land acquisition. If the complaint cannot be resolved at PMU level, it
will be referred to the GRC.
During construction, the PMU will establish Public Complaint Resolving Meetings to address
construction related grievances of public. The chairman of this PCRMs will be the Team Leader
of Supervision Consultant and other members are from PMU and construction firm. There will be
a Resettlement Assistant from PMU working as a secretary for this PCRMs. These PCRMs will
meet once a month or whenever there is a requirement to settle a complaint. If the complaint
cannot be resolved at this level, the complaint will be referred to GRC.

9.2 Grievance Redress Committees (GRCs)

The grievances that cannot be addressed at the grassroots level informally have to be taken at a
higher level formally for reconciliation. For this purpose, PMU will form Grievance Redress
Committees (GRCs) in all four DS Divisions. GRC approach gives an opportunity for public to
bring their unsolved grievances caused by the project implementation to the Committee
established for the said purpose at divisional level. Any disagreed person can bring his/her case to
this committee, free of charge (not even stamp duty), for hearing of his/her case.
GRC is not the only body which public can approach to solve their grievances. There are series of
formal bodies; some are with special focus on certain matters, available for persons to take their
unsolved grievances, problems and issues. PMU’s responsibility is to make all persons in the
project area familiar and knowledgeable with these institutional arrangements, and play the role of
a facilitator if any person wishes to process their grievances and claims through those institutions
for better judgments.
GRC can deal with complaints relating to unaddressed losses or social and environment issues
resulting from project implementation. It cannot challenge the statutory entitlements of persons
and should refrain from making decision relating to designs or engineering matters or on any

9-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

compensation matters that are pending before the Compensation Review Board3 or courts.

9.2.1 GRC Composition

The GRC will be comprised of the following members:


1) Divisional Secretary / Assistant Divisional Secretary of the relevant division (Chairman),
2) Project Director or his nominated representative (Member),
3) President of the local Samatha Mandalaya (Member),
4) Representative from NGO/CBO (Member)
5) Social member/ outstanding person from the local area (Member).
The representative officer from the PMU will act as the secretary of the GRC and will be
responsible for keeping record of all grievances registered and action taken on them. In case of
matters that cannot be solved by the above committee, an expert on the specific area can be
invited to the committee.

9.2.2 GRC system during operational stage

During the first three years of the operational stage, GRC system mentioned above will continue
to operate. PMU will still be operational during that period and . The members of GRC will
include DS, Representative of O&M company and Civil Society Representative.

9.2 Operational Aspects of GRC


For Whom: Any person, organization or Civil Society may approach the GRC to seek its
assistance in resolving any problem, complaint or dispute concerning environment and social
issues that can arise due to the construction.
Types of Grievances: A GRC can deal with complaints relating to unaddressed losses or social
and environment issues resulting from project implementation. During pre construction, the issues
can be on resettlement aspects. Grievances of being not able to find schools due to resettlement,
grievances of disturbances due to land acquisition, issues with host communities are some
examples. During construction, the issues can be on dust, noise, siltation of paddy lands,
disturbance to nearby lands…etc. The GRC cannot challenge the statutory entitlements of APs
and should refrain from making decision relating to designs or engineering matters or on any
compensation matters that are pending before the Compensation Review Board or courts.
How to raise: Complaining boxes will be set up at specifically identified locations (e.g office of
DS or local center) along the project route to which people can put their claim. The complaining
box will be checked by the designated staff daily. Also, contact information (number and email
for GRC) will be displayed at complaining box.
Functions: The function of the GRC is to resolve grievances, settle disputes of all persons

3
Compensation Review Board is the national institution which address the issue of the compensation.

9-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

regarding environment and social issues. The GRC mandate and procedures will be given wide
publicity so that the people in the project area have a better understanding of their entitlements,
rights, and responsibilities. Grievances relating to land titles, which is a legal issue, will remain
outside the purview of this Committee, and persons with such grievances will be advised to
approach appropriate courts of laws to settle such disputes. Persons will be exempted from
all administrative and legal fees associated with the grievance settlement procedure,
except for cases filed in courts.
Venue of the GRC Meetings: The GRC will meet at the Divisional Secretary office and will visit
the project site if needed keeping in view the convenience of the affected persons. But it will be
free to hold its meetings at any other locations in the best interest of the convenience of the
complainant.
Working System: The GRC will deal promptly with any issue relating to environment and social
that is brought before it. The GRC will make all efforts to see that these issues are also resolved
within 2-3 weeks. The GRC will take decisions on the basis of a majority vote.
Powers: The GRC has no authority to deal with cases pending in a court of law. It cannot
challenge the legal entitlements of PAPs. The GRC will also refrain from making decisions on
issues relating to design and related engineering matters, and on pending compensation cases.
Procedure for Resolution of Disputes: Persons will be free to present their grievances without
any fear or pressure from government authorities. They can present their grievance verbally. They
can also present their grievances in writing, for which assistance will be provided if so required.
The decisions of the GRC will be conveyed to complainant in writing. Three copies of the
decisions will be provided: one for the PAP, second copy for the Project office and the third copy
for the Divisional Secretary. The decisions of the Grievance Redress Committee will be in
conformity with the resettlement policy and the entitlement matrix.
Appeal against GRC Decisions: Affected persons not satisfied with the GRC decisions can
appeal to higher authorities in the Project, the Ministry of Megapolis and Wester Development or
to even Courts of Law. The persons who are aggrieved by the decision of GRC will be free to
approach higher authorities for grievance redress.

9.3 Other agencies that the APs could forward their grievances
Land Acquisition Compensation Review Board (LARB)
There is a provision in the LAA itself for any aggrieved party to appeal to the LARB, in respect
of the statutory valuation determined by the Valuation Department. Such appeals should be
made within 21 days of the award of the compensation under section 17 of LAA.

Samatha Mandalaya – SM (Board of Mediation)


This is a body of distinguished citizens functioning as a conflict resolving committee appointed
by the Ministry of Justice for each Judicial District, the decisions of the Samataha Mandalaya is
not binding on the parties to the conflict. It has no mandate to enforce decisions, this is purely a
consultative process, and disputes between APs could be referred to SM to persuade the parties
to arrive at an amicable solution without resorting to protracted litigation.

9-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Human Rights Commission (HRC)


By the constitution of Sri Lanka, the Commission has been established to entertain and inquire
into the violation of human rights by state officials and agencies. This is a built in mechanism
provided by the state to safeguard the rights of the citizens against arbitrary and illegal actions
of the state officials. An aggrieved party could seek relief from HRC. Chairman and members of
the HRC is appointed by the President.

Parliamentary Ombudsman
The Parliamentary Obudsman is an independent official appointed under the Constitution, to
inquire into the grievances brought to his notice by the members of the public.

Parliament Petition Committee (PPC)


An aggrieved member of public could bring to the notice of the Hon. Speaker of Parliament
through a member of parliament (peoples’ representative) about his grievance. Hon. Speaker
will direct the PPC to inquire into the matter. The committee will direct the offending party to
provide relief to the aggrieved, if the committee finds that relief sought is justifiable.

Litigation
An affected person aggrieved by a decision of any public official in the process of
implementation of the land acquisition and implementation process could challenge such
decisions in an appropriate court of law, if such person is unsuccessful in obtaining a reasonable
redress through discussions.

Legal Aid Commission


The Government of Sri Lanka has established an agency to help people who cannot afford legal
expenses, when they seek redress from the judiciary .On an application made to the Secretary of
the Legal Aid Commission with evidence of his income, the Legal Aid Commission will make
arrangements to appear for the aggrieved party in a court of law without fees.

9-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 10 Institutional Arrangement

10.1 General
Involuntary resettlement planning, implementation and monitoring involve various ministries and
agencies. The Project Management Unit (PMU) under MMWD for the LRT project will deal with
land acquisition and payment of compensation as per the RAP. Therefore, it is essential for the
PMU to effectively and efficiently coordinate with all relevant institutions to carry out land
acquisition and involuntary resettlement properly and expeditiously.

10.2 Ministry of Megapolis and Western Development (MMWD)


10.2.1 Project Management Unit (PMU) for the Project

The responsibility of implementing the RAP will rest with the MMWD, and its direct
responsibility lies with the PMU. The PMU operates as a time-bound project office headed by a
project director and staff consisting of engineering, resettlement, land acquisition, environmental
and other supporting grades.
A Resettlement Unit (RU) will be established in the PMU under Project Director. This Unit will
be supported by the consultants and land acquisition and resettlement officers. The Unit will be
entrusted with day-to-day monitoring and implementation of projects’ land acquisition and
resettlement activities.
Regarding resettlement planning and implementation, the PMU attends to following;
(a) Preparation of RAP
 Assist resettlement consultant/team to develop RAP for the project through
- facilitating to trace the ROW;
- identification of APs;
- assist to conduct social and environmental assessments in the area through surveys and
collection of other primary and secondary information;
- assist and participate in awareness creation meetings at Divisional Secretaries level;
- support stakeholder meetings and Focus Group Discussions (FGD)s; and
- review processes of draft RAP.

(b) Land Acquisition


 Preparation of land acquisition application and submit to Ministry of Lands and
Parliamentary Reforms (MLPR) with RAP as an attachment
 After accepting the Land Acquisition application by MLPR, with the appointment of DS as
the Acquisition Officer, support implementation of land acquisition. This includes
preparation of necessary papers for each stage of land acquisition, translation of them in to all
three languages, maintain a close support up to the end of the land acquisition process ending
with the taking over of the possession of land in to MMWD ownership
 Coordinate with Consultant in hiring the specialists (Micro finance and credit specialist and

10-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

business development specialist) to obtain assistance for planning and implementation of


income restoration program (IRP)
 Support APs to receive compensation for land, structures and crops as per the RAP by
assisting them to prepare for land ownership inquiries (including Section 9 inquiries) with
necessary documents and proofs, provide, if needed, transport facilities especially for
vulnerable people to attend to inquiries.
 Make sure that funds are adequately available with PMU/DS/MMWD to pay full
compensation to affected people before taking vacant possession in accordance with JICA
Guidelines. .

(c) Resettlement benefits


 Initiate information disclosure on formal approval of RAP (Hard copy of RAP will be placed
at each DS office, PMU project office and other public space such as temples)
 Pay cash resettlement benefits as per Entitlement Matrix
 Pay special attention when cash benefits are given to vulnerable persons, women and sick
persons ensuring that they receive proper amounts and use them properly
 Maintain highest transparency in cash payments
 Ensure availability of funds with PMU/MMWD for issuing resettlement benefits.
(Resettlement benefits are not paid through DSs).
 Replace community and religious properties damaged by the project without undue delays.
 Implement agreed income restoration projects for selected APs
 Support agriculture owners and business owners to find suitable lands, if required
 Support relocation APs when they need support
 Implementation of internal monitoring conducted by PMU with assistance of construction
supervision consultant and external monitoring conducted by independent consultant.

10.3 Divisional Secretaries (DS)


This Project spread over four DS divisions, namely, Kaduwella, Thimbirigasyaya, Sri
Jayawardanapura-Kotte and Colombo. DSs and their staff have important roles in the
implementation of monorail project. In the first instance, their involvement is related to
preparation of RAP and the land acquisition. For administrative requirement, application for land
acquisition has to accompany an approved RAP from MMWD when it is submitted to MLPR.
The PMU/MMWD will have a responsibility to make DSs aware about the Project, and
subsequently have a formal awareness meeting with relevant DS offices including Grama
Niladaries, poverty alleviation officers, women development offices, land officers and staff of
relevant government agencies operating in the division, NGOs, religious leaders, community
leaders, members of local councils etc. In this awareness meeting, resource persons drawn from
subject specific agencies can introduce the project, resettlement planning, land acquisition
procedures and property valuation etc.
After approving proposed land acquisition by MLPR, DS is appointed as the acquisition officer
for the DS division, and he/she initiates land acquisition process as per the RAP until possession
of land taken. This includes initial notification and formal surveys by Dept. of Surveys, title
inquiries by acquisition officers, valuations by Dept. of Valuation, appeals by prescribed review
boards etc.

10-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Land Acquisition is a routine function of DS offices and they are geared to undertake land
acquisition with laws, procedures, systems and resources, including manpower. However, at
certain times, there may be resource gaps with regard to preparation of statuary documents in
three stipulated languages and staff mobility due to limited financial resources. In these occasions,
PMU/MMWD can support DS office to increase its capacity where it has shortfalls, because this
is an important event for PMU/MMWD.
In case of RAP implementation, DS is an important position as he/she is the coordinator of all
development programs in the division. The RAP is prepared on the information collected through
resettlement survey and social and economic survey. With completion of these surveys, the
information collected for the resettlement plan will be verified, and this information will be
incorporated in to the revision of RAP. Information available at DS office could be used to verify
AP profiles with regard to their encroacher, tenant or lessee situation, vulnerability, income levels,
employment etc. This is useful when PMU is paying cash and other resettlement assistance
suggested in the RAP.
In order to input the capacity of DS, PMU will support DS on following, but not limited to;
 Provision of training to the staff of DS and additional clerical hands
 Provision of transportation for project related matter
 Provision of furniture, such as table, chair and photocopy etc.

10.4 Department of Survey


In the land acquisition process, Department of Survey has a statutory role as per the RAP to
survey land and prepare survey plans. On the formal request issued to Surveyor General by the
acquisition officer (DS), Department of Survey employs its licensed surveyors to survey lands and
show them with the names of claimants. In the final survey plans (preliminary plans) prepared by
the Department of Surveys, survey plans of all land plots required to be acquired are given with
tenement list (list of persons claiming ownership for land/structures) to the acquisition officer
following standard survey techniques and procedures. This survey plans and list of names are
important reference information for the acquiring officer when he/she holds ownership inquiries.
In certain circumstances, there is a shortage of licensed surveyors in the department and lack of
resources for surveyors to mobilize soon, especially when they are occupied with previously
arranged assignments. In these circumstances, PMU assists Department of Survey to hire licensed
surveyors to work under the direction of Surveyor General with necessary resources for
mobilization and other assistance at field level.

10.5 Department of Valuation


The highest official position of the Department of Valuation is titled as “Chief Valuer’. This is
similar to the post of Director General or Commissioner General in other Government
organizations. As per the RAP, Chief Valuer or any other officer authorized by him/her only can
attend to valuation of properties expected to be acquired.
As per LAA, valuation of properties is based on market price approach conventionally. The LAA
regulation 2008 will help Department of Valuation to make reasonable assessments close to
realistic market prices. On the request of Acquisition Officer, Department of Valuation assigned
their staff to value properties to be acquired and report to acquisition officers through Chief Valuer.

10-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

The Chief Valuer’s endorsement is the expression of statutory commitment of the Department of
Valuation for its valuation, and readiness to go to any review board or court of law.
In the case of valuation of properties, officers assigned by Department of Valuation visit the
property, individually or jointly and make their assessment based on following;
 field conditions and surrounding environment of the property
 purpose of the use of the property (residential, commercial or agricultural purposes etc.)
 available documentary evidence related to values of properties: deeds, valuation
 certificates, loan documents, income earning evidence etc. if available
 consultation of people
 study secondary information available in DS offices, Provincial and Central Tax offices etc.

10.6 Land Acquisition Resettlement Committee (LARC)


The LARC committees will be appointed for the respective Divisional Secretary’s division in
which the land is located in order to assess the compensation for land acquisition and resettlement
accordance with the Land Acquisition Act (Chapter 460).
The committee consists of the following officers:
 Divisional secretary or Assistant Divisional Secretary of the relevant Divisional
secretary’s Division
 Surveyor General or his nominee
 Chief Valuer or his nominee
 Officer from the Project Office
Project affected person will be provided an opportunity to make their representation at the
proceedings of the LARC. Under the LARC system, affected people will be called by DS after
section 17 of LAA process to participate in the LARC meeting.
PMU will provide an assistance (e.g. explanation about entitlement) for affected peoples before
the LARC meeting so that PAPs can represent their expression during LARC meeting.
If the PAP is not satisfied by the decision made by the LARC, he/she can apply for the super
LARC. It has power to revise the assessment made by LARC reconsidering the claims of the
project affected person. The SLARC committee consists of following officers:
 Secretary of Ministry of Megapolis
 Secretary of Land and Land Development
 Secretary of Ministry of Finance or his representative
 Chief Valuer or his representative
 Survey General or his representative
 Chairman or chief executive officer of the Project

10-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

10.7 RAP Approval Process


MMWD is the agency responsible for approving RAPs prepared for development projects under
MMWD. Although NIRP has assigned Central Environment Authority (CEA) for approval of
RAPs in its section on ‘Institutional Responsibilities’, in practical terms this has become a mere
policy level broad statement. The Ministry of Lands and Parliamentary Reforms (MLPR) holds
the responsibility of implementation of the NIRP and Project Executing Agency has been assigned
with the responsibility for ‘compiling with all the requirements for planning and implementing
resettlement according to the NIRP’. Thus the MLPR becomes the premier agency responsible for
overall implementation of resettlement plans in the country, as they are within the scope of NIRP.
As in the case of CEA, MLPR too doesn’t issue formal approval for RAPs and shows its explicit
approval by accepting it for initiating land acquisition process. All land acquisition applications
submitted by project implementing agencies have to annex a copy of RAP prepared along the
guidelines of NIRP. MLPR doesn’t accommodate land acquisition applications without a RAP
approved by the project approving authority.
The reason for MLPR and CEA to keep away from granting administrative level of approval to
RAPs is understandable. RAPs are prepared by PMUs/PIAs following guidelines of NIRP and
other GOSL policies and procedures. In addition, when projects are funded by external agencies,
PMUs/PIAs have to consider donor requirements also in RAP planning process.
The institutional responsibilities in resettlement process are shown in the Table 10.1
Table 10.1 Institutional Responsibilities in the Resettlement Process
Related Activities Responsible Agency
Setting up Resettlement Unit and placement of staff PMU/MMWD
Arrangement of relocation for AHs PMU/MMWD
Submission of land acquisition application and RAP to MLPR MMWD
Acceptance of the land acquisition application MLPR
Appointment of DS as the Acquisition Officer MLPR
Formal request issued to Survey General DS, Acquisition Officer
Employment of Specialist for preparation and implementation of PMU/MMWD
Income Restoration Program
Employment of External Monitoring Agency PMU/MMWD
Establishment of GRC PMU/MMWD
Formal surveys Dept. of Surveys
Assist APs in preparation of land ownership inquiries with necessary PMU/MMWD
documents and proofs
Title inquiries DS, acquisition officers,
Request for valuation to Department of Valuation DS, Acquisition Officer
Valuations Dept. of Valuations (Chief Valuer)
Updating RAP and submit it to JICA for JICA’s approval PMU/MMWD
Pay cash compensation and/or other assistance to APs PMU/MMWD
Assist displaced APs to find suitable lands if necessary PMU/MMWD with assistance of DS
Assist displaced APs to get approval for new housing construction PMU/MMWD with assistance of DS
from local councils, if necessary
Support physical relocation of APs when necessary PMU/MMWD
Support APs in schooling of displaced children in nearby schools if PMU/MMWD with assistance of DS
necessary
Implement income restoration programs PMU/MMWD with assistance of DS
Implement day to day monitoring of land acquisition and resettlement PMU/MMWD
activities
Implement monitoring of damages caused during construction PMU/MMWD
Prepare monthly progress/monitoring reports and submit them to PMU/MMWD

10-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

MMWD
Prepare quarterly internal resettlement monitoring reports and submit PMU/MMWD
MMWD and JICA

10.8 RAP Implementation Structure


The RAP implementation structure is shown in Figure 10.1. It shows that PMU will be the main
implementing agency of RAP and IRP activities. It will coordinate closely with PAPs, local
authorities, JICA, contractors, and external monitoring agency. PMU will exist until 3 years since
the start of the operation phase.

Figure 10.1 RAP Implementation Structure

10-6
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 11 Cost and Budget

11.1 Cost Estimation for Land Acquisition and Resettlement


Total cost of land acquisition and resettlement is estimated at approximately LKR 4,707 million,
equivalent to US$ 31 million (at an exchange rate of LKR 151.64 for 1US$: base year of cost
estimation is November 2017). This amount includes the cost of compensation for land and
structures, compensation for loss of income, and relevant allowances. Table 11.1 shows the cost
estimation for land acquisition and resettlement for the Project.

11.2 Rates and Conditions used in the Cost Estimation


The number of land parcels and structures, and the number of recipients of compensation for
income and allowances are based on the result of SES. The unit costs of compensation for land
and structures are estimated based on the results of the RCS. Other unit costs for loss of income
and allowances are set based on the LAA 2008 and normal practices in Sri Lanka, which are
shown in the Entitlement Matrix. It is also assumed that:
 Land within the secured space for the LRT alignment is to be acquired.
 All of the land and structure of an affected building are to be acquired when the affected part of
the building exceeds 50% of its original area, and can be assumed that the remaining part of
structure/land is no longer viable.
 Compensations for relocation of utilities, and for government land are not included.

11.3 Budget Allocation


The budget for RAP implementation shall be secured by the project executing agency, MMWD.
MMWD shall allocate the budget for the compensations to the relevant DSs in a timely manner so
as to conduct land acquisition and resettlement without any delay due to hampering flow of funds.

11-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 11.1 Cost estimation for land acquisition and resettlement


Item No. Item No. Unit Rs/unit Total Rs Total US$
Agricultural Land 7,913.80 Perch 40,000 316,552,106 2,087,524
Kumarathunga (Cat
0.40 Perch 4,000,000 1,607,355 10,600
Residential 10)
Land Kumarathunga (Cat
56.96 Perch 1,500,000 85,433,814 563,399
10)
Ibbunwela Junction (
70.78 Perch 15,000,000 1,061,664,531 7,001,217
Cat 1)
Borella Junction( Cat
4.07 Perch 9,000,000 36,610,925 241,433
3)
Battaramulla( Cat 5) 35.10 Perch 6,000,000 210,609,798 1,388,880
Compensati
on for Lands Commercial Palan thuna( Cat6) 14.20 Perch 4,500,000 63,906,406 421,435
Land Koswatha( Cat 7) 22.95 Perch 4,000,000 91,794,338 605,344
Thalahena( Cat 8) 61.63 Perch 3,500,000 215,716,016 1,422,554
Malabe( Cat 9) 27.61 Perch 3,500,000 96,635,429 637,269
Chandrika
Kumarathunga( Cat 22.96 Perch 2,000,000 45,917,628 302,807
10)
Incentive Allowance (5% of Statutory
5% of total of Agricultural land 332,379,712 2,191,900
valuation)
Sub total for Compensation for Lands 2,558,828,058 16,874,361
Type 1 Fully affected 6,617.26 m2 40,000 264,690,368 1,745,518
structure Partially affected 2,041.26 m2 40,000 81,650,308 538,448
Type 2 Fully affected 1,043.33 m2 25,000 26,083,183 172,007
structure Partially affected 68.34 m2 25,000 1,708,490 11,267
Compensati
on for Type 3 Fully affected 2,547.58 m2 130,000 331,185,114 2,184,022
Structure structure Partially affected 338.59 m2 130,000 44,017,324 290,275
Incentive Allowance (25% of Statutory
25% of total of cost for buildings 936,668,483 6,176,922
valuation)
Sub total for Compensation for Structure 1,686,003,270 11,118,460
Municipality 28 AHH 1,000,000 28,000,000 184,648
Self
Urban council 73 AHH 750,000 54,750,000 361,052
Relocation
Pradeshiya sabah 0 AHH 500,000 0 0
Loss of Business Income 100 Person 150,000 15,000,000 98,918
Income: Loss of Wage/Salary 455 Person 120,000 54,600,000 360,063
Rental Allowance 73 Person 45,000 3,285,000 21,663

Shifting allowance 101 AHH 75,000 7,575,000 49,954


Allowances
Temporary Accommodation 101 AHH 75,000 7,575,000 49,954

Special grants for VP 21 AP 15,000 315,000 2,077

Income Restoration Program Lump sum 20,000,000 20,000,000 131,891

Sub total for livelihood loss 191,100,000 1,260,222


External Monitoring 18.00 Months 100,000 1,800,000 11,870
Sub Total 4,437,731,327 29,264,912
Contingency 20% 887,546,265 5,852,982
TOTAL 5,325,277,593 35,117,895
Exchange Rate: US$ 1 = Rs. 151.64 (November 2017)
1 perch = 25.29285264m2
Total amounts are rounded off to the thousand and have rounding errors.

11-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 12 Implementation Schedule

A time bound implementation plan is envisaged to be implemented for each activity of land acquisition
and resettlement. This implementation schedule is based on the assumption that project related
construction work, by which time all resettlement activities need to be completed, will commence four
years after the signing of the Loan Agreement. The RAP implementation schedule is presented in Table
12.1.

12-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Table 12.1 Implementation Schedule


2018 2019 2020 2021 2022 2023 2024 2025
Responsibility
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12

Pre-Project Activities

Basic Design Consultant


Detailed Design Consultant
Tendering for Contractor Contractor
Construction

Relocation of PAPs
Submit land acquisition application to
PMU/MMWD
MLLD
Issue the order under section 2 (Give
MLLD/DS
authority to DS to aquire the land)

Preparation of the Advance Tracing Survey Dept.

section 4 (Objection) MLLD

Inquiring Objection and getting decision Valuation Dept


section 5 (Gazette notice) DS
Preparation of the Preliminary Plan Survey Dept

Section 7 DS

Section 9 Inquiry DS
Issue 10-1 notice (informing eligibility) DS
Issurance of Sec17 (Informing the
DS
compensation amount)

Involvement of LARC/S-LASRC LARC

Payment of compensation DS
Issuing 38 proviso
Register the ownership of the land as a
DS/MLLD
state land
Updating RAP PMU
Securing Budget for Implementation of
RAP (Including compensation)
Physical relocation of PAPs PMU

Establishment of GRC PMU


Grievance Redressing Consultant
Preparation and Implementation of IRP PMU
Implementation of Internal Monitoring PMU
Employment of EMA EMA
Implementation of External Monitoring EMA

RU: Resettlement Unit MLLD: Ministry of Land and Land DevelopmentMMWD:Ministry Megapolis & Western Development
PMU: Project Management Unit DS: Divisional Secretariat
IRP: Income Restoration Program EMA: External Monitoring Agency
PAH: Project Affected Household GRC: Grievance Redress Committee

12-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

CHAPTER 13 Monitoring and Evaluation

13.1 General
The NIRP indicates about monitoring and evaluation as follows,
 A system of internal monitoring should be established by PMU to monitor implementation of
Resettlement Action Plan, including budget, schedule, and delivery of entitlements,
consultation, grievances and benefits.
 PMU should make adequate resources available for monitoring and evaluation.
 A further system of external monitoring and evaluation by an independent party should be
established to assess the overall outcome of resettlement activities.
 Monitoring and evaluation reports should be reviewed by the PMU, CEA and MLPR and
action taken to make improvements where indicated.
 Project Affected persons and other stakeholders should be consulted in monitoring and
evaluation.
 Lessons thus learned from resettlement experiences should be used to improve resettlement
policy and practice.
It is proposed to implement (1) internal monitoring by PMU and (2) external monitoring by an
independent party such as local/international consultants, NGO or university hired by PMU.
The RAP implementation will be supervised by the Project Director of PMU. Resettlement Unit
(RU) under PMU will conduct the day-to-day activities related to the RAP implementation with
assistance of Construction Supervision Consultant (CSC). RU, with assistance of CSC, will
prepare and submit reports on monthly basis as a part of the progress report of the whole project.
The objectives of monitoring and evaluation are to:
 Collect, analyse, report and use information about progress of resettlement;
 Ensure that inputs are being provided, procedures are being followed and outputs are
monitored and verified;
 Ensure timely management actions if there appears to be any failure in system due to
management lapse; and
 Ensure necessary corrective measures at policy level, if it is seen that there is a failure in
system due to flaw in the design (i.e. wrong theory, hypothesis or assumption, to ensure
necessary corrective action at policy level); and
 Build a benchmark database for the purpose of evaluation; both during course and exposit
facto.

13-1
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

13.2 Internal Monitoring


Internal monitoring will be undertaken by the PMU through Resettlement Unit (RU) with the
assistance from Resettlement Expert of Construction Supervision Consultant (CSC).
Indicators of the internal monitoring will include but not limited to the followings;
Process Indicators:
 Setting up RU and placement of staff
 Training of RU staff
 Census, IOL, baseline socioeconomic survey
 Placement of funds for land acquisition and resettlement
 Deployment of independent monitoring agency
 Procedure of identification of eligible affected persons
 Procedure of determining loss and entitlements
 Development of livelihood and income restoration program
 Preparation of disclosure instruments
 Disclosure and consultation events
 Formation of GRC
 Grievance redress procedures in-place and functioning
 Level of public awareness on RAP policy and provisions
 Monitoring reports submitted
Output Indicators
 Number of households relocated
 Number of households compensated and assisted
 Number of farmers assisted
 Number of businesses assisted
 Amount of compensation disbursed
 Amount of resettlement benefits disbursed
 Number of eligible persons identified for training
 Number of vulnerable households assisted
 Number and contents of received complaints and status of solution
 Implementation of livelihood restoration assistance
 Number of meetings with PAPs
 Number of grievance received.

13-2
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Impact Indicators
 Changes in housing
 Changes in occupation
 Changes in income and expenditure
 Changes in vulnerable households and women headed households.
Internal monitoring reports on RAP implementation will be included in the quarterly Project
Progress Report (PPR) prepared by RU. The report of RU will contain:
(i) Accomplishments to-date;
(ii) Objectives attained and not attained during the period;
(iii) Challenges encountered; and measures to be taken
(iv) Targets for the next quarter
The internal monitoring report will then be integrated by the PMU with the overall PPR submitted
to JICA and/or other agencies associated with implementation. The CSC will assist PMU in
preparing the overall PPR for JICA.

13.3 External Monitoring


External monitoring will be carried out periodically by an independent party such as
local/international consultants, NGO or university for review and assessment of resettlement
implementation, verification of the results of internal monitoring in the field and recommending
adjustment in delivery mechanisms and procedures, as necessary. The external monitoring will be
carried out eight times during the implementation period (refer toTable 12.1). Further, mid-term
and final evaluations will also be undertaken to assess the achievement of the RAP objectives
against the performance impact indictors. The terms of Reference for external monitoring will be
prepared by the CSC.

Table 13.1 Proposed External Monitoring


Activities to be Basis for Indicators / Check List Possible Input and Output
monitored Indicators
Basic information on Location
PAP households
Composition and structure
Ages
Educational and skill levels
Gender of household head
Ethnic group
Access to health, education, utilities
and other social services

13-3
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Activities to be Basis for Indicators / Check List Possible Input and Output
monitored Indicators
Housing type
Land and other resource owning and
using patterns
Occupations and employment patterns
Income sources and levels
Participation in neighbourhood or
community groups
Value of all assets forming
entitlements and resettlement
entitlements
Output Indicators:
Compensation Was compensation as described in the
Payments and RAP paid on time? The difference / delay of
entitlements resettlement activities compared
Were other entitlements distributed on to the original time frame.
time, relocation grants, loss of income
support? The difference of cost of
resettlement activities per PAHs
Were there additional costs PAP's had compared to the original budget.
to bear?
Were adequate funds available to
meet the costs of resettlement?
Input Indicators:
Restoration of living Were income restoration activities
standards appropriate to restore or improve Number and type of income and
living standards? livelihood restoration trainings
and other activities being
Were vulnerable groups adequately implemented.
assisted to improve living standards? Outcome Indicator:
Are the livelihood schemes as Number of PAHs who answer
described in the RAP being that their income have increased
implemented satisfactorily? after relocation, compared to the
total number of PAHs relocated

13-4
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018

Activities to be Basis for Indicators / Check List Possible Input and Output
monitored Indicators
Outcome Indicators:
Levels of PAP How much do PAPs know about
Satisfaction resettlement procedures and Number of the grievance redress
entitlements? procedures filed.
Do PAPs know their entitlements? Number of the conflicts resolved,
compared to the number of the
Do they know if these have been met? grievance redress procedures
How do PAPs assess the extent to filed
which their own living standards and
livelihoods have been restored?
How much do PAPs know about
grievance procedures and conflict
resolution procedures?
How many PAP's/households were
impoverished as a consequence of
resettlement?
(Source: RAP Study Team)

Monitoring of RAP implementation will be based on desk review and field visits, meetings with
various ministries and local officials, and surveying project affected households. Separate
meetings will be held with women and vulnerable households as needed basis.
At the end of income restoration program or at the end of the Project, the External Monitoring
Agency (EMA) will conduct an evaluation study to determine whether or not the objectives of
resettlement have been achieved. The methodology for the evaluation study will be based mainly
on a comparison of the socioeconomic status of severely affected households prior to and
following displacement. If the findings of the study would indicate that the objectives of the RAP
have not been achieved, EMA will propose appropriate additional measures to meet the RAP
objectives.

13-5

You might also like