NTPC Land Acquisition & R&R

Salient Features
ET Training PMI 17.02.09

Land Acquisition
Land Acquired thru LA Act

Mining CBA Act

Recent Trends

Maharashtra-MIDC Maharashtra Tamilnadu

States Practices

GOI considering revision of LA Act

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LA Act-Salient Features
Section 4

Section 5
Section 6 Section 7 / 17

Section 9
Section 11 Emergency Acquisition Consent Awards Solatium, Interest Compensation Fixation
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R&R in NTPC-1980 onwards

Proactive Guidelines for Land Oustees
Economic Assistance Jobs in NTPC/Associated Agencies Shops, Petty contracts Vendors Licence etc Resettlement Facilities Community Facilities in RCs R&R activities commenced after completion

of Land Acquisition Activities

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R&R in NTPC-1993 onwards

In May 1993, a comprehensive R&R Policy-1st in

PSU Concept of Socio Economic Surveys (SES) introduced. Concept of PAP introduced instead of PAF. Twelve categories of PAPs. New Rehabilitation measures introduced . Special Retrofit measures for earlier projects. Concept of Rehabilitation Action Plan (RAP) preparation in consultation with PAPs introduced. With this policy an era of initiating R&R activities simultaneous to land acquisition process started.
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NTPC POLICY-1993

NEW PROJECTS

OLD PROJECTS

SOCIO - ECONOMIC STUDY

RETROFIT SES

REHABILITATION ACTION PLAN

REMEDIAL ACTION PLAN

ECONOMIC RESETTLEMENT REHABILITATION

COMMUNITY DEVELOPMENT

ENHANCED COMMUNITY FACILITY

UPDRADE SKILL BY TRAINING

AVAIL GOVT. AIDED DEV. PROGRAMMES

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R&R in NTPC-2005 onwards

Based on GOIs National Policy on R&R

issued in 2004 (NPRR-2003), NTPC Learning, experiences and present practices, NTPC R&R policy has been revised in June 2005 GOI recently revised NPRR as NRRP-2007 Possibilities being explored to initiate R&R activities even prior to commencement of Land Acquisition
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Salient FeaturesRevised NTPC Policy

Categories of PAPs, cut off date for eligibility, made

in line with those defined in NPRR Self resettlement provided Rehabilitation packages made more implementable Concept of negotiated settlement introduced R&R entitlements and packages made liberal and better than NPRR and linked with CPI Additional support to PAPs on the basis of available economic opportunities being provided now proposed to be made part of R&R policy document Detailed guidelines on delivery mechanisms and institutional set up like PIC,VDAC, Task force etc. Post completion Social Impact Evaluation for efficacy 8 of RAP

MAJOR ACTIVITIES
Minimisation of Displacement/Other R&R activities at site

exploratory stage. Proper R&R institutional set up since beginning alongwith social scientists etc Involvement of HODs Involvement of Project Staff & other like minded persons with philanthropic attitude Involvement of staff families Conduction of Socio Economic Survey Establishment of Participatory mechanisms like PIC,VDAC Formulation of Rehabilitation Action plan (RAP) in consultation with stakeholders Implementation of RAP Monitoring of RAP 9 Post completion Evaluation

Modes of Implementation
Self by Organisation

Thru the State Government

Thru Outsourcing Combination of all is ideal but basic

responsibility should lie with the organisation

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Various models tried out at various projects

Kayamkulam model

Simhadri model
Faridabad model Singrauli Region (Revised) model Sipat model Kol Dam model Uttarakhand model

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NTPC Learnings from past experiences

Minimise land requirement in acquisition Avoid acquisition of Homesteads Safeguard the acquired land (immediate boundary wall and

patrolling/security) Commitment for Jobs should be avoided as a rehabilitation option Rehabilitation Options Opt for most feasible, viable & practical rehabilitation option in local context Resettlement: Self resettlement preferred Win confidence & trust of PAPs through consultations, communication & transparency (VDAC & PIC) Involve professionals like Sociologists etc
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Lessons from experience

Systematic planning is important An early start is often the key to effective planning Effective plans should be crafted to fit the particular

project context. Effective plans should elicit positive responses from the affected population R&R plans should be conceived as development opportunities R&R plans should not be conceived as blueprints Early supervision should identify any need to make changes Close monitoring should continue till the completion of all identified activities
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Factors preventing effective R&R

Improper and non updated land records Improper and inadequate identification of PAPs and their

requirements. Improper integration in project planning process Improper gestation time Opportunities created do not benefit the affected people Lack of income restoration schemes appropriate in the local context Non participatory approach Lack of backward and forward linkages Lack of coordination with various agencies Imperfect land market 14 Lack of effective monitoring and evaluation

Implications of Inadequate attention to R&R issues

Law and Order

Project Schedule
Public Image Business Interests Problems in the long run Financing Hardships to people

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Recent Happenings / Perceptions

Controversies and Happenings related to Nandigrams / SEZs-Potential

of Business Risk GOI contemplating revising NPRR, LA Act GOI contemplating a law GOIs recent MOUs for Hydro in North East Concepts of Benefit Sharing Concepts of Prior Informed Consents / PRI Acts Recent Policies of States Chhatisgarh, Orissa, Jharkhand Progressive States Initiatives- Haryana, AP, Maharashtra. Increasing demands from resource states International Funding Agencies-Importance to social & environmental considerations NTPCs Global Makeover-World Perceptions Increased Transparency / Answerability to shareholders, RTI etc
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Roles and Responsibilities

Opt for Active Consultations through social

scientists right from inception Maintain Transparency in dealings. Involve Opinion Makers Create Database through a SES by professional reputed institutes preferably of the region
Minimise displacement to the extent possible

Avoid acquisition of homesteads Reroute boundaries if necessary Reassess land requirement

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Roles and Responsibilities (contd)

Identify stakeholders & opinion makers

Build rapport with different groups / sections

No casual approach-Be sincere and honest in dealings Right mix of people / Proper institutional setup

Establish consultative network-PIC / VDAC

Regular formal and informal meetings Proper documentation Should be seen as a role model Physical possession of land / prevention of any

encroachments Be responsible and responsive

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Roles and Responsibilities (contd)

Go for sustainable Rehabilitation options

Try for one time negotiated settlement. Avoid jobs as a rehabilitation option due to its limited availability and inherent potential for social conflicts. Go for Practical Rehabilitation Options / Grants. Go for Income Generating Schemes only if wilfully opted by PAPs and implemented by them/ State Govt.

Plan and synergise Community Development

Activities with that of State Govt

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Desirable Traits
Sensitivity

Empathy
Humbleness Commitment Patient listening Frankness Responsive Responsible Convincing / Reasoning powers (for external as

well as internal stakeholders)

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Participation and Consultation

Four levels

Dissemination-One way information sharing Consultation-Two way discussion / transfer of information Collaboration-Two way / Joint decision making Extension of choices-Transfer of decision making power to PAPs (Empowerment)

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Relevance of Participation
Decreases likelihood of delays

Prevents people to participate outside the project

(Media / Courts / Activists) Information sharing allays fears / rumours Consultation provides some details that planners cannot foresee Helps avoid unnecessary and costly development of options that people do not want Is useful in formulating effective RPs
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Issues in Consultation & Participation

How can participation be structured efficiently

How can a meaningful participatory process

be ensured How can sufficiently representative participation be ensured What happens if people make poor decisions

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Monitoring and Evaluation

Regular Monitoring thru VDAC

Regular monitoring at various levels of

organisation-Site/Region/CC Periodic Supervisory Missions Generation of exception reports Evaluation post completion Evaluation after certain period of completion As per NPRR and State policy mechanisms
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International Financial Institutions

Resettlement Instruments

Due Diligence-When LA etc over RP-LA in process / Nos known Policy Framework-If extent and location of Resettlement cannot be known Process Framework-For those projects that restrict access to legally designated parks or protected areas without acquiring the land outright Framework is to describe the process by which potentially affected communities will participate in planning Disclosure-FIs insist on both integral participation of PAPs & Public disclosure of RPs Information meetings- Project design etc. Bank provided with draft RP, makes it available at a place accessible to PAPs / NGOs etc in a form, manner & language that are understandable to them. Informed consent and Power of choice 25 Compensation at replacement cost

THANK YOU
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Categories and Entitlements

Category PAP losing entire agricultural land (Category A) PAP losing partial land and becoming marginal farmer (left with 1 / 0.5 Ha *) (Category B) PAP losing partial land and becoming small farmer (left with 2 / 1 Ha *) * (un-Irrigated / irrigated land) (Category C) PAP losing partial land but not becoming either marginal or small (Category D) Entitlement (For A,B&C) -LfL- Govt land/ WB-S basis (as per actual land loss subject to a max of 2 Ha) & -Land development charge (Rs10000 per acre upto 2 Ha) & -Registration and Stamp duty Or 1000 (A)/750 (B,C &D) days MAW {A-D750 MAW as per NRRP}

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Categories and Entitlements-contd

Category Agricultural labour PAP (Category E) Non agricultural labour PAP (Category F) Entitlement for E & F -One time assistance of 750 days MAW { 750 MAW - NRRP} & -One time assistance Rs 15,000/- for construction of working shed OR -Reimbursement of registration and stamp duty upto one acre in case of land purchase
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Categories and Entitlements-contd

Category PAP losing partial land in long stretches (Category G) Entitlement for G One time grant of 500 days MAW {Rs.20,000/- NRRP}

Occupiers (Tribals in

Entitlement for H
All R&R benefits as per

possession of forest land prior to 25th Oct 1980) (Category H)

Categories A to G and I (Cut Off Date extended to 13.12.05)

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Categories and Entitlementscontd.

Category PAPs losing homesteads (Category I) Entitlement for I Resettlement grant Rs 30,000/(Suitable assistance in NRRP) & -Free transportation / Rs.20,000 plus (Rs 10000/- in NRRP) -Housesite@200 sqm to each HSO in RC (if 100 HSOs or more) / (Up to 250 sqm in NRRP) -Self resettlement with financial assistance upto Rs 1 lac for purchase of land.
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Additional Benefits to Tribals in the revised policy

One time financial assistance of 500 days MAW for

loss of customary rights

25% higher R&R benefits in case resettled out of

district/taluka
Fishing rights in the reservoir

(these are as provided in NRRP)

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Other miscellaneous benefits in the revised policy

Transit accommodation/ rental for each PAP pending

R&R in case of emergency acquisition

Subsistance allowance of 250 MAW @ 20

days/month to each PAP for one year

(these are as provided in NRRP)

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Other miscellaneous benefits in the revised policy

Other additional benefits (Not in NPRR)
Infrastructure facilities in villages
Welfare activities for PAPs Education (Scholarship, Adult Edn. Grants to schools) Health (Subs.Trmnt., Insurance, camps, dispensaries) Priority to underprivileged e.g. SC/ST,PH, Women Rural sports and cultural activities etc. Adoption of Village

Capacity building through vocational training etc

Special efforts for vulnerable groups like women etc Incentive for adopting family planning
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Guidelines for additional support to PAPs in the revised policy

Limited economic opportunities arising out of need for

goods and services by project with priority to SC,ST,PH and women. For example : Job with contractor (60% usw) Shops/kiosk Petty contracts Courier Service Vendor permit News paper vending Vehicle hiring PCO/Internet caf Any other opportunity deemed fit
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Guidelines for additional support to PAPs proposed in the revised policy (contd.)
These could be extended to PAPs as additional

facilities over and above the entitlements

Till now these being done at projects on an adhoc

basis depending upon need and requirement

Now documented and part of revised policy

guidelines for the R&R activities

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Petty Contracts for PAPs Suggested Areas

Horticulture Works
Housekeeping Works Drain cleaning /

Scrap/Waste collection

Dewatering Painting and white washing Water cooler cleaning Material Handling

and handling Track and pipeline maintenace Machine maintenance Civil construction in RCs/Villages Ash brick making units Any other works
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