gratia payment Compensation for structures Depreciated Replacement cost Replacement cost+ payment Replacement cost Payment of replacement cost Compensation for holders Compensation not allowed Compensation for improvements and other losses as per the EM For improvement made on the land for those in occupation prior to the publication of Sec.02 notice under LAA. No discrimination between title holders and non-title holders Compensation for structures and other entitlements as per the EM Table 6.1 The Actions Taken to Reconcile such Gaps Item(Aspect) LAA NIRP New Orders made under the LAA by Minister of Land and land Development on 2.11.2013 World Bank policies Action by PMU for reconciliation. Compensation for lands Willing willing seller concept al market value. Replacement cost Replacement cost+ ex gratia payment Replacement cost Payment of replacement cost Compensation for structures Depreciated value Replacement cost Replacement cost+ payment Replacement cost Payment of replacement cost Compensation for non-title holders Compensation not allowed Compensation for improvements and losses as per the EM For improvement made on the land for in occupation prior to the publication of Sec.02 notice under LAA. No discrimination between holders and non-title holders Compensation for structures and entitlements as per the EM Compensation for crops and trees No separate payments included in the land Payment for all losses, not specifically mentioned Not mentioned Should be paid for the losses Compensation will be paid for loss of crops and trees Entitlement to salvage materials not entitled Not specifically mentioned Not mentioned Not mentioned Salvage material will
be given to the APs Loss of Income Only for those with documentary evidence Should be paid with other evidence Relief available All losses should be paid Will be paid for loss of income for those with and without documentary evidence but amount differs Other expenses Not available, except when expenses incurred due to change of residence as a result of acquisition. Not specifically mentioned Available All expenses should be paid Will be paid Livelihood Restoration Not available Affected people will be assisted to themselves and improve their quality of life. Available All losses should be paid Income restoration progrmme by the PMU Grievance Redress Mechanism Not available Provided LARC and LARC for grievances regarding compensation. Should be provided PMU will set up a system to address grievances Compensation payable in instalments Allowed under LAA in 10 equal instalments after initial payment of Rs.25,000.00 Not allowed Silent Not allowed, full compensation should be paid before property is taken over. Will be paid in lump sum Construction related damages Does not provide in the LAA All losses should be paid Silent. All losses should be paid PMU will get the contractor to pay Requirement of a RAP Not required Comprehensive RAP requires if the number of families affected is over 20, if less abbreviated Not mentioned If the number of affected people is over 200 ,affection over 10% and relocation comprehensive RAP, if less PMU will follow the WB guide lines
RAP should be prepared. abbreviated RAP ,if relocation is involved even if the number is less than 200,,to expand it with a rehabilitation programme Public disclosure Not required to have public meetings under the LAA but the affected will be informed by Government gazette at different stages of the acquisition process and by paper notices at Sec 07 stage and when compensation deposited in a bank on the orders of a Court of law It is a requirement. . Deals only with compensation It is a requirement PMU will follow he the NIRP and WB policies. RAP will be translated into Sinhala and (local Languages) and made available to the public for information. It will be disclosed in the WEB site of the PMU. Taking physical possession after publication of Sec 38(a) of the LAA Provision available under LAA ,interest at 7% per annum available till the compensation is fully settled Not allowed without paying full compensation at replacement cost and reasonable notice Not mentioned Does not PMU Possession will not be taken without payment of compensation. Assistance for vulnerable people LAA is silent on this aspect NIRP requires special treatment for Vulnerable payment available WB policy require special assistance for Provided in the RA to comply with NIRP and WB Source: LAA as amended NIRP, Government Gazette No 1596/12 dated 07th April 2009, W.B safe guard policy document. This project does not fall within the meaning of a prescribed project. WB policies on Indigenous people, Forestry and Physical Assets do not trigger in this project
the compensation for the remaining portion is not based on market value a reasonable period should be given to harvest the annual crops. 1.3 Lands Statutory value plus 10% of the difference between statutory valuation and replacement cost decided by the CV as an ex-gratia payment. Land owner or affected persons losing assets on production of documentary proof of entitlement. CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE Agrarian Services Department LARC 2. Lost Assets (Buildings and Structures) Parts of structures Access of business and residential places/concrete steps Remaining portion of the structure after acquisition if unusable. Pay replacement cost for the affected portion based on the extent (volume) of the structure constructed without depreciation Compensation should be paid for the unusable portion too at replacement cost. Occupants of structures on production of proof of ownership CV,DS, Social of RDA and PMU. Provincial Director/RDA, RE LARC and Super LARC 3. Ex gratia payment for the residential and Commercial buildings subject to provisions of Rent Control Act. Equal to difference of Statutory value and, replacement cost and to be distributed as per the following table: Owner and occupants of buildings fall within the provisions of the Rent Control Act. CV,DS Social of RDA and PMU.GN ,Local Authority Provincial Director/RDA, RE, LARC and Super LARC
4. Loss of Business 4.1.Informal(nontax payers) 4.2.Formal (tax payers) If income could be proved by supporting documents, Rs.15, 000.00 or net income of 03 months whichever is higher. Adjusted average net profit of 03 years preceding the publication of Sec.07 notice under LAA.* All Business owners who are affected CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE LARC and Super LARC. 3.Temperorary Disruption of business Compensation to be decided by the LARC All Business owners who are affected CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC./Super LARC
4.4.Loss of livelihood Compensation to be decided by the LARC All Business owners who are affected Self-employed and those who are temporarily affected due to loss of livelihood CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE , LARC and Super LARC 4.5.Vulnerable Households Compensation to be decided by the LARC All household that fall within the category of vulnerable households for e.g. Very old, women headed households without a reasonable income very poor, disabled, indigenous people CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE LARC and Super LARC 4.6.Loss of Employment Compensation to be decided by the LARC Those who lost their wage earning employment due to acquisition of the business premises they were employed. CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC and LARC 4.7 Ex-Gratia payment for the handing over possession within the prescribed period. Ex-gratia payment to be decided by the LARC. The owners of residential houses and/or cultivated lands CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC and Super LARC.
4.8.Tempororay Residential facilities Compensation Applicable Affected occupants at the date of publication of Sec.02notice under LAA who are expected to hand over possession before the prescribed date. Rate depends on the floor area occupied by the affected prior to the above date. CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC and LARC 4.9.Change of residence Entitlement Type of House Payment (Rs.) Floor Area (Sq.ft) If the acquisition officer need to get the possession of the property before the prescribed date the area occupied by the affected prior to the date of publication of Sec 02 notice under LAA. is entitled to compensation shown under 4.9 column 2 CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC and Super LARC.
4.10.Resettlement Entitlement A plot of land up to 20 perches equivalent to undeveloped value of land acquired from the affected from a resettlement site with all service facilities. LARC to decide on the extent. Or if affected desires to be self-relocated. The following cash payments are payable by the PMU. The land could only be offered subject to the land available in relevant area. The local area Amount(Rs) Minimum of 03 years residence in the same premises with the principal occupant prior to the date of publication of Sec02 notice under same electoral list or separate electoral list CV,DS Social staff of RDA and PMU. Provincial Director/RDA, RE, LARC and Super LARC
Table 7.1 – Completed Consultations and Disclosure of Information Activity and number attended Place and Stake holders attended Objective Timing Unit Feedback /Issues / Concerns /Raised Action Taken meeting Number Sectretary's Office ,Puttalam 1.Incumbent Chief Priest of Puttalam Buddhist Centre 2.Divisional Secretary 3.Divisional Engineers Chilaw and Puttalam ,RDA Secretary ,Urban Council Puttalam District Medical Officer Agricultural Production fficer 1.To explain to the participants ,the description of the project 2.Importance of widening and improving the section of the Peliyagoda- Puttalam Road 3.The land acquisition processs and compensation available 4.The participator y approach the with the on 27th January 2015 PMU of RDA and 1.Fate of encorachers to the sea beach 2.Alternate land in case of dispalcement for encroachers 1. Many of them would not be displaced according to the 2.preliminary assessment. Possibility of alienating state land or construction of a common building to accomodate the displaced would be considered 3. Encroachers are entitled to all the compensation
management is adopting in the prepartion and of RAP. 4. Loss of business during the construction period. . 5.Damage to religious properties 6.Damage to common properties 7.Fate of mobile hawkers available to title holders except for the land. 4. as per the entitlement matrix. . 5. Consultation And Action will be taken to avoid such damages. The .Buddhist centre at Puttalam will not be affected. 6. Either compensation paid to the concerned state organization or structure will be reconstructed by PMU. 7. RDA in consultation with the local authority will offer solutions to mobile vendors. of litrature and one to one residencies of the affected 5.To educate them on the purpose of te project and how they are treated After educating the affected from 25th to 31st January. RDA and employed by the RDA, 8.Amount of compensation, land to land option, loss of during construction, 9. Timing of compensation. 8. They were informed by the interviewers that their concerns will be discussed and solutions offerred. 9. No land will be taken
They had requested reasonable compensation for their loss assets and compensation before taking over the lands since there had been long delays in the past. 10. Compensation some of them received for acquisition of properties of theirs at other locations in the past was inadequate. Land to land option was preferred 11.Whether untitled people stay in the same place after acquisition by the RDA for construction purposes without paying full According to the policy explained to you at the meeting the new compensation policy replacement cost for structures ,and land and all other expenses connected due to acquisition of properties Will be paid 11.If the space is available and does not affect the environment they would be able to stay at the same place Meeting of Women Group ,21 attended 30.01.2015 Auditorium of DS office Puttalam Members of womens' Society, Female buddhist priest(non) Rural evelopment Officer , Womens Affairs officer ,Puttalam of information on parameters of the road land acquisition procedure, discuss issues concerning ,and children one to one and census and SES survey. 12.They were anxious to know the new width of the road and how the design affects their land will be offerred for the loss of 12. They were informed there are no plans to increase the width from 6.5 meters for two lanes section and 10.5 meters for 04 lanes section from the centre of the road in the near future.
for old buldings, loss of access,mobile shops,timing of related land space to rebuild according to regulations. package covers all the losses that they have raised. and compensation will be paid before taking over the possession . Land to land will be offered if suitable state land available Mobile hawkers will not be displaced. fruits mobile hawkers 6 people 60th Km post on the road 7.To learn their concerns During /RDA 13.The fate of mobile vendors the improvement to the road 14..Loss of income 15.Whether it is possible to continue with the business during construction 13.RDA to make arrangements in consultation with the local authority to allow them to stay at the same location after moving on to the edge of the road reservation Temporary 14.loss of income will be paid 15.It has to be decided once the construction commence Fish vendors 05 Close to Puttalam town between km 8.To understand their concerns During RDA/ 16.Whether it is possible to stay where they are after construction 16.The width of the road section is adequate to accommodate them
Fish vendors 03 Stake holders meeting No attended 181 people and 06 officials 125km,On the Road reservation Auditorium of the DS office Mahawewa Affected people officials of DS office including land Use officer and land acquisition officer people of the area 9.To understand the issues confronted by them 1.To explain to the participants ,the description of the project 2.Importance of widening and improving the section of the Peliyagoda- Puttalam Road 3.The land acquisition processs and compensation available 4.The participator y approach the management is adopting in During 2015 Before finalising the RAP RDA/ 17.Loss of income due to stoppage of business because of dust pollution 18.Damages to their temporary/semi permanent stalls .Whether business premises affected 19.Possibility of getting freeholds to the encroached lands 20.Income loss during Construction 21.How the compensation paid ,whether there is a change in valuation 22. When they could expect the compensation. 23.What is the position of compensation for previous acquisitions loss of income will be paid available 18.The small temporary structures occupying by them could be saved as they are not within the road corridor encroached land is between railway and road reservation ,it is not possible 20.Income losses will be paid 21. Explained the new system and the rules approved by parliament on new compensation method. 22. Before the taking over physical possession. 23. This matter will be brought to the notice of the RDA and included in the RAP for the
the prepartion and of RAP the participants ,the description of the project 2.Importance of widening and improving the section of the Peliyagoda- Puttalam Road 3.The land acquisition processs and compensation available 4.The participator y approach the management is adopting in the prepartion and of RAP 24.Village tank is located on the boundary of the road whether the widening would affect the tank 25. Only few people are affected in DS division Mahawewa, why did you invite such a large number? 26.What is the value you pay for a perch knowledge of the WB. 24. Normally disturbance to such assets are avoided as the road is a two lane section at the stretch where the tank is located it may not affect the tank .In any case the designers will consider the importance of a cultural asset at the design stage. 25. The road benefits all those resident in the area. .Our policy is a participatory approach .We needs your input for the preparation of RAP. Invitation was done by the DS on the request of the RDA. Higher participation is very much appreciated 26.Valuation is done by the department of valuation but according to the new policy you will be offered the current market value
27.What is the total width of the road will there be further widening 27. The two section is 13 meters and four lanes section is 21 meters. It is mentioned in the leaflet that we gave to you Further widening of the road may not take place in the near future. Table 7.2- A Summary of Key Views Expressed by APs and Stakeholders Issues discussed Principal views of the participants How the project addressed the issue Land acquisition process Delays in land acquisition pprocess Documents should be prepared in all three languages (Sinhala, Tamil and English) for the issue of relevant gazette notifications under LAA. Name and address of each AP, the boundaries of each lot and extent to be acquired and other details should be mentioned .As the Divisional Secretary is burdened with many other functions, if the PMU assist him to prepare these documents the process of issue of gazette could be expedited. Payment of ccompensation Payments to be made at replacement prices Informed APs that compensation will be paid at current market prices (replacement) as per the regulations passed in parliament in 2009. Remaining land area of a lot Possibility of utilizing the remaining land for construction UDA has allowed in the past to construct buildings in the remaining land even if the extent is less than the prescribed extent for construction in cases of acquisition of part of the land .PMU could negotiate this issue with UDA. Closure of business properties Temporary loss of income due to closure of businesses(especially scale commercial ventures) APs were explained about the compensation item in the entitlement matrix for temporary loss of income and they were informed about the entitlement for payment. Possibility of saving buildings very small widths are scheduled to acquire Change the acquisition boundaries to save the structures RDA agreed to visit the respective locations and revisit the designs once the designs are ready..
Designation/Official Position Function in Committee Task Assigned Remarks Provincial Director (RDA) Convener- (Chairman) Chairing the GRC Meetings, making recommendations and sending for action Grievance notice should be headed within a week Officer representing RDA - at the project area Secretary- CE or EE of the RDA can act as the Secretary of the GRC Maintaining minutes, Correspondence on Decisions by the GRC Chairman of the Pradeshiya Sabha Member To represent local Authority and its Concerns Member of local community organization Member To represent the local community A representative of concerned PAP/Stakeholder Member To represent of PAP/ Stakeholder 10.1 Positions and Duties of the GRC Members Source: RAP of RSAP Resident Engineer (RE) – 146. He /She also attend as a non-member to offer his observations if requested and clarify the matters related to the claims based on the field investigation of applications and indicate w the implication that may emerge in project implementation. Contractors Representative – 147. He /She could also attend as a non-member. If requested and clarify the matters and provide answers and present his make comments regarding the related issue. 10.2.3 Creation of Awareness of the Grievance Redress Mechanism 148. Wide publicity should be by the RDA regarding the establishment of GRCs to the APs and closely related officials to the GRC mechanism for e.g. Grama Niladharis, Local Samurdhi Officers and Social Development officers of the Divisional Secretariats and Pradeshiya Sabhas of the areas concerned. RDA should prepare flyers indicating Project including the benefits of the rehabilitated road for the public Procedures for registering a complaint
161. Before demolition of structures, APs will be again consulted, paid compensation in full, time given and agreed upon for those who could rebuild on their own premises. For others reasonable time should be given to vacate. 12.2: Implementation Time Frame Implementation Schedule Bar Chart