Light Rail Full PDF
Light Rail Full PDF
Light Rail Full PDF
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
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List of Figures
List of Tables
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
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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
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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.
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CHAPTER 1 Introduction
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.
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The 16km elevated LRT structure will be built primarily on existing roads, specified in the
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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
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.
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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.
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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.
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
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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.
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
The National Environment Act (NEA) No.47 of 1980, amended by Act No 56 of 1988 has some
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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.
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.
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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.
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.
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
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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).
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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
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)
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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.
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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
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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
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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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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
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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
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
4-5
Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
For LRT Alternative Routes analysis, following 3 sections has been studied.
Borella-Maradana Section
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
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
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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
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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.
Alternative 2
Alternative 3
Alternative 1(Blue)
Figure 4.7 Sections for Alternative Analysis (Cotta Road and Sethsiripaya)
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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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.
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
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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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
Malabe North-West
Malabe South-East
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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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.
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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.
Project Coordinator
Social Expert
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
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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.
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)
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
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July 2018
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.
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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)
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.
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July 2018
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.
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.
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
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
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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).
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)
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
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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%).
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.
The population distribution by educational level is presented in Table 5.8. Majority of affected people
(96%) has secondary and higher level of education.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
July 2018
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.
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Resettlement Action Plan (RAP): Colombo Light Rail Transit (LRT) Project
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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
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.
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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.
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.
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.
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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.
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
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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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;
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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
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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
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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.
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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
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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.)
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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
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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.
The table shows that more than 90% of affected people is willing to receive assistance to find an
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alternative place.
Table 7.1 Willingness to get assistance to find an alternative place
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
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.
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The majority of affected people (92%) does not have alternative place to rent.
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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.
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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.
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
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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.
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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.
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. .
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
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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.
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.
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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.
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.
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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.
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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)
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.
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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.
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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.
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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.
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.
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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)
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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.
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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
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Supportive Comment
Appreciate the LRT project NA
Agree to land acquisition
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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.
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
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compensation matters that are pending before the Compensation Review Board3 or courts.
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.
3
Compensation Review Board is the national institution which address the issue of the compensation.
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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.
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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.
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.
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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.
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.
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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.
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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.
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MMWD
Prepare quarterly internal resettlement monitoring reports and submit PMU/MMWD
MMWD and JICA
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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.
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Pre-Project Activities
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)
Section 7 DS
Section 9 Inquiry DS
Issue 10-1 notice (informing eligibility) DS
Issurance of Sec17 (Informing the
DS
compensation amount)
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
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
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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.
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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.
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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
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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.
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