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Entrusted by Revenue (B) Department, Kerala Government, Thiruvananthapuram LAND ACQUISITION FOR THE VIZHINJAM INTERNATIONAL SEAPORT PROJECT IN VIZHINJAM AND KOTTUKAL VILLAGES IN THIRUVANATHAPURAM DISTRICT 17.12.2020 SOCIAL IMPACT ASSESSMENT STUDY Final Report Requiring Body Vizhinjam International Seaport Ltd 9 th Floor, KSRTC Bus Terminal Complex Thampanoor Thiruvananthapuram Pin: 695001 SIA Unit RajagirioutREACH Rajagiri College of Social Sciences Rajagiri.P.O.,Kalamassery Pin: 683104 Ph:0484 2911330-32, 2550-785 [email protected] www.rajagirioutreach.in

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Page 1: SOCIAL IMPACT ASSESSMENT STUDY - RLabZ

Entrusted by Revenue (B) Department, Kerala Government,

Thiruvananthapuram

LAND ACQUISITION FOR THE VIZHINJAM

INTERNATIONAL SEAPORT PROJECT IN VIZHINJAM

AND KOTTUKAL VILLAGES IN

THIRUVANATHAPURAM DISTRICT

17.12.2020

SOCIAL IMPACT ASSESSMENT STUDY

Final Report

Requiring Body

Vizhinjam International

Seaport Ltd

9th

Floor, KSRTC Bus

Terminal Complex

Thampanoor

Thiruvananthapuram

Pin: 695001

SIA Unit

RajagirioutREACH

Rajagiri College of Social

Sciences

Rajagiri.P.O.,Kalamassery

Pin: 683104

Ph:0484 – 2911330-32,

2550-785

[email protected]

www.rajagirioutreach.in

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2 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

Thrivuvathapuram District

CONTENTS

Chapter 1 Executive Summary

1.1 Project and public purpose

1.2 Location

1.3 Size and attributes of land acquisition

1.4 Alternatives considered

1.5 Social impacts

1.6 Mitigation measures

Chapter 2 Detailed Project Descriptions

2.1 Background of the project, including developer’s background

and governance/ management structure

2.2 Rationale for project including how the project fits the public

purpose criteria listed in the Act

2.3 Details of project size, location, capacity, outputs, production

targets, costs and risks

2.4 Examination of alternatives

2.5 Phases of the project construction

2.6 Core design features and size and type of facilities

2.7 Need for ancillary infrastructural facilities

2.8 Work force requirements (temporary and permanent)

2.9 Details of social impact assessment/ environment impact

assessment if already conducted and any technical feasibility

reports

2.10 Applicable legislations and policies

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Chapter 3 Team Composition Approach, Methodology and Schedule

of the Social Impact Assessment

3.1 List of all team members with qualification

3.2 Description and rationale for the methodology and tools used to

collect information for the social impact assessment

3.3 Sampling methodology used

3.4 Overview of information/ data sources used

3.5 Schedule of consultations with key stakeholders and brief

description of public hearings conducted

Chapter 4 Land Assessment

4.1 Description with the help of the maps, information from land

inventories and primary sources

4.2 Entire area of impact under the influence of the project (not

limited to land area for acquisition)

4.3 Total land requirement for the project

4.4 Present use of any public, utilized land in the vicinity of the

project area

4.5 Land (if any) already purchased, alienated, leased or acquired,

and the intended use for each plot of land required for the

project

4.6 Quality and location of land proposed to be acquired for

theproject

4.7 Nature, present use and classification of land and if agriculture

land, irrigation coverage and cropping patterns

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4.8 Size of holdings, ownership patterns, land distributions and

number of residential houses

4.9 Land prices and recent changes in ownership, transfer and use

of lands over the last three years

Chapter 5 Estimation and Enumeration (Where Required) of Affected

Families and Assets

5.1 Estimation of families

5.1.1 Families which are directly affected (own land that is proposed

to be acquired)

5.2 Family of scheduled tribes and other traditional forest dwellers

who have lost any of their forest rights

5.3 Families which depend on common property resources which

will be affected due to acquisition of land of their livelihood

5.4 Families which have been assigned land by the State

Government or the Central Government under any of its

schemes and such land is under acquisition

5.5 Families which have been residing on any land in the urban

areas for proceeding three years or more prior to the acquisition

of the land

5.6 Families which have depended on the land being acquired as a

primary source of livelihood for three years prior to the

acquisition

5.6.1 Families which are indirectly impacted by the project (not

affected directly by the acquisition of own lands)

5.6.2 Inventory of productive assets and significant lands.

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Thrivuvathapuram District

Chapter 6 Social Economic and Cultural Profile (Affected Area and

Resettlement Site)

6.1 Demographic details of the population in the project area

6.2 Income and poverty levels

6.3 Vulnerable groups

6.4 Land use and livelihood

6.5 Local economic activities

6.6 Factors that contribute to local livelihoods

6.7 Kinship patterns and social and cultural organization

6.8 Administrative organization

6.9 Political organization

6.10 Community based and civil society organizations

6.11 Regional dynamics and historical change processes

6.12 Quality of the living environment

Chapter 7 Social Impact Management

7.1 Approach to mitigation

7.2 Measures to avoid mitigate and compensate impact

7.3 Measures that are included in terms of Rehabilitation and

Resettlement and Compensation as outlined in the Act

7.4 Measures that the Requiring Body has stated it will introduce in

the project proposal

7.5 Alterations to project design and additional measures that may

be required to address the extend and intensity of impacts

across various groups as identified during SIA

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Thrivuvathapuram District

7.6 Detailed Mitigation Plan including detailed activities to be

carried out for each mitigation strategy, timelines for each

mitigation strategy

7.7 The SIA plan indicating which measures the Requiring Body

has committed to undertake and those that have been proposed,

but not committed to be undertaken by the Requiring Body

Chapter 8 Social Impact Management Plan Institutional

Framework

8.1 Description of institutional structures and key person

responsible for each mitigation measures

8.2 Specify role of Non-Governmental Organizations

8.3 Indicate capacities required and capacity building plan,

including technical assistance if any

8.4 Timelines for each activity

Chapter 9 Social Impact Management Plan Budget and Financing of

Mitigation Plan

9.1 Costs of all resettlement and rehabilitation costs

9.2 Annual budget and plan of action

9.3 Funding sources with break up

Chapter 10 Social Impact Management Plan Monitoring and

Evaluation

10.1 Key monitoring and evaluative indicators

10.2 Reporting mechanisms and monitoring roles

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10.3 Plan for independent evaluation

Chapter 11 Analysis of Costs and Benefits and Recommendation on

Acquisition

11.1 Final conclusions on assessment of public purpose, less

displacing alternatives, minimum requirements of land, the

nature and intensity of social impacts, and viable mitigation

measures will address costs

11.2 The above analysis will use the equity principle as a framework

of analysis for presenting a final recommendation on whether

the acquisition should go through or not.

References

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Thrivuvathapuram District

LIST OF TABLES

SI.NO Table Number Content

1 Table 1.3.1 Land details

2 Table 1.5.1. Details of the land where the Resorts Functioned

3 Table 3.1.1 Details of SIA Unit

4 Table 3.5.1 Schedule of Meetings

5 Table 3.5.2 Question raised in the Public Hearing and Reply

from the Concerned Officials

6 Table 5.1.1 Name & details of the affected land owners

7 Table 5.6.2.1

Statistics of tree affected

8 Table6.2.1. Monthly income of the Project affected families

9 Table 7.6.1 Social Impact Management Plan

LIST OF FIGURES

SI.NO Figure Number Content

1 Figure 2.1.1. Proposed location of Vizhinjam Fort

2 Figure 3.5.2.1. Photos of public hearing

2 Figure 4.1.1 Google Map of the Project Area

3 Figure 4.2.1 Project locationphotographs

4 Figure 6.1.1 Sex of the Project Affected Family Members

5 Figure 6.1.2. Age of the Project Affected Family Members

6 Figure 6.1.3. Social Group of the Project Affected Families

7 Figure 6.2.1 Family Monthly Income

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CHAPTER 1

EXECUTIVE SUMMARY

1.1 Project and public purpose

Vizhinjam is a region located in Thiruvanathapuram district, the capital of the state

of Kerala. It is located 16km south west from the city centre and 17km south of

Thiruvananthapuram International Airport. The Government of Kerala through its

special purpose government company (SPV–Special Purpose Vehicle) Vizhinjam

International Seaport Ltd (VISL) is developing a deep water Multipurpose

Greenfield Port at Arabian Sea coast at Vizhinjam. The port will include a cargo

port and a passenger port. The port will have an in-port rapid transit metro system

that will connect passengers within the passenger terminal of the port. As per

historians, Vizhinjam, located at the extreme south-western tip of South

Asia,served as an important port throughout the history of the region. The location

is economically and geopolitically significant as a key point connecting the

shipping between South East Asia and the Middle East.

As per the Government Order GO(MS)No.74/08/F&PD dated 25.11.2008 the

government have ordered that the extent of land to be required for the construction

of rail/road connectivity, container yard, work area etc. and activity beneficial

necessary/incidental for the Vizhinjam Port Project will be 120 hectares.

Vizhinjam Port Project was declared as a fast track project as per Government

Order GO(MS)No.72/09/F&PD dated 7/11/2009 and a special team under the

leadership of Tahsildar and staff of Revenue Department and Survey Department

was also constituted for acquisition of 120 hectares of land for Vizhinjam project.

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A package for Rehabilitation and Resettlement of project affected person was

approved as per the Government Order GO(MS)No.3/10/F&PD dated 04/01/2010.

The project is dream project of the country as it is India’s first Mega

Transshipment container Terminal. Realization of the port has been touted as a

game changer for the fortunes of Kerala. At current prices, Kerala’s primary sector

recorded the highest growth rate of 13.25 percent in 2016-17 compared to its

secondary and tertiary sectors, which grew at 9.72 percent and 3.74 percent

respectively. Currently, coir, cashew processing, and seafood are the major

industries in Kerala. Thus the economic need for Vizhinjam Port cannot be denied.

The Revenue (B) Department, Government of Kerala via G.O.(P)No.42/2020/RD

dated 16/06/2020 notified that approximately 4.2818 hectares of land situated

inVizhinjam and Kottukal villages may be needed for Vizhinjam Seaport project

and accorded sanction for Rajagiri outreach to conduct Social Impact Assessment

study of the land acquisition. This is the Final Report of the Social Impact

Assessment Study of the land acquisition from Vizhinjam and Kottukal villages.

1.2 Location

The land to be acquired for the project is situated in Vizhinjam and Kottukal

villages of NeyyattinkaraTaluk in Thiruvananthapuram district. The project areas

are tourist areas which was notified by the CRZ in 1991 as Area of Outstanding

Natural Beauty. It is understood that 3 tourist resorts which had been well

functioning in the area. Besides the area is having lot of coconut trees which adds

its beauty.

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1.3 Size and attributes of land acquisition

As per the Notification of Revenue (B) Department, Government of Kerala

G.O.(P)No.42/2020/RD dated 16/06/2020 approximately 4.2818 hectares of land

situated inVizhinjam and Kottukal villages may be needed for Vizhinjam Seaport

project. During the survey the SIA unit could understand that the proposed land

belongs to purayidam, Nilam and Nilamnikathupurayidam categories which are

using by the affected people for residential, commercial and agricultural purpose.

The details of the land notified in the above said Notification are given in Table

1.3.1.

Table 1.3.1 Land details

District : Thiruvananthapuram

Taluk :Neyyattinkara

Village Block

No

Survey Number Approximate

Extend of Land

Vizhinjam 14 655/10, 656/4, 656/5, 656/9,

656/10, 656/26, 647/9, 648/3,

648/11, 651/9, 651/11, 651/12,

715/11, 715/22, 715/25,716/12,

716/13, 716/23, 718/7, 718/9,

749/5, 749/13, 749/33, 647/21,

648/2, 648/5, 648/6, 652/10,

715/13, 715/27,716/15, 716/27,

718/10, 749/16,749/37,

284/21(Pt), 285/2(Pt), 285/16,

285/27, 285/28, 745/2(Pt),

4.2818 hectares

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Thrivuvathapuram District

745/3, 745/4, 745/5, 745/6(Pt),

745/7(Pt), 745/8, 745/9,

745/12, 745/14, 746/1, 746/2,

746/3, 746/4, 746/5, 746/6,

746/7, 746/8, 746/9, 746/10,

746/11, 746/12, 746/13,746/14,

746/15, 746/16, 746/17,746/18,

746/19, 746/21, 746/22,746/23,

746/25, 746/26, 746/27, 747/1,

747/6, 747/7, 747/8, 747/9,

747/10, 747/11, 747/12,747/13,

747/14, 747/15, 747/16,747/17,

747/18, 747/19, 748/1, 748/8,

748/9, 748/10, 748/11, 748/12,

748/13, 748/14, 748/17,748/23,

748/24, 748/25, 268/9,

268/18(Pt), 268/31

Kottukal

16 56/14, 64/8, 8-1, 65/12(Pt),

46/5, 46/13, 47/11, 11-1, 58/16,

66/3, 72/9, 251/18(Pt), 252/2,

253/17, 253/29, 253/33-1(Pt),

253/38-1(Pt)

15 113/11, 116/10(Pt), 120/15(Pt),

121/11-1, 121/13, 123/15(Pt),

123/16(Pt)

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Thrivuvathapuram District

1.4 Alternatives considered

The information about the alternatives considered is not available. However it is

understood that the Requiring Body is designed the project in such a way to cause

minimum impacts to the families.

1.5 Social impacts

As per theNotification G.O.(P)No.42/2020/RD dated 16.06.2020 of Revenue (B)

Department, Government of Kerala which was published in Kerala Gazatte (Extra

ordinary) No.1480 dated 18th

June 2020, approximately 4.2818 hectares of land

from Vizhinjam and Kottukal villages are required for Vizhinjam International

Seaport Project. The properties included in 129 survey numbers will be acquired

for the project as per the above said Notification. Due to the Covid 19 epidemic

situation the SIA unit could not identified and surveyed all the affected land

owners. The SIA unit could identified and surveyed22 land owners from

Vizhinjam village and 8 land owners from Kottukal village. These are the owners

of the land belongs to 89 survey numbers out of the 129 survey numbers included

in acquisition. It is understood that the land owners were using the affected land

for residential, commercial and agricultural purposes. The possible impacts of the

project is analyzing below:

a. Loss of Land

All the land owners of the land belong to the 129 survey numbers notified

will lose or lessen their land holdings. Out of the 30 land owners surveyed,

18 acquired the land from their ancestors and they are losing their ancestral

property. The land to be acquired have been using by 16 owners for

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14 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

Thrivuvathapuram District

agriculture, 6 owners as their residence and 6 owners are using their land for

Resorts related to tourism. The remaining lands of 2 owners are open land.

b. Displacement of families:

The project may cause the displacement of families. Residences of the 3

families reside in the project area are included in acquisition. Since the

remaining land after acquisition will not be sufficient to reconstruct their

house, they have to be replaced from the affected area. During the survey it

is revealed that 2 of these families were possessed this property from their

ancestors and 1 family bought it before 15 years. The name and address of

the families which may be displaced for the project is given below:

Padmakumar P

Padmalayam, Mullur, Mullur PO, Vizhinjam

Manu V

60/769, Thekkenandikulam, ThekkarikkVeedu, Mulloor PO, Vizhinjam

PrabhakaranNaadar P

AnaghaBhavan, mullur, Vizhinjam

c. Loss of Commercial Property:

The project area was an active tourist place which was attracted by many tourists

especially the foreigners. The lands of 6 owners were used for residence purpose.

The 3 resorts which functions in the region since 1995 namely; Coconut Bay

Beach Resort,ThapovanHeritage Homeand Sea Park Beach Resort are included in

acquisition.

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Table 1.5.1. Details of the land where the Resorts Functioned

Name of the Land Owner Description

Ranjit Mathew

Owner- Coconut Bay Beach Resort Rini Mathew

Mathew Kodath

Joseph ManoharanOwen Property given on lease for Coconut

Bay Beach Resort

R.Ravinathan&R.Sujatha Owner- Sea Park Beach Resort

Andreas Kurt Wilhelm Heitmann

Biju P.L ( Joint Venture)

Owner- Tapovan Heritage Home

All these resort owners are losing their property in this area fully. The resort

owners shared that they were receiving Rs.1 crores-6.5crores income annually

from the affected resorts which have been operating with valid trade licenses and

payment of Income Tax, Commercial Taxes and License fees. They also shared

that they were important earners of foreign exchange by catering foreign tourists

and generators of local employment opportunities. During the survey they

revealed that thebusiness loss suffered for the last 4 ½ years, since when the

project construction activities started in the region, is in the range from 1 crore to

10 crore.

d. Loss of Agriculture

The affected area is having many coconut trees and 16 of the surveyed owners is

using the land for agricultural purpose especial for cultivation of coconut,

plantain and tapioca. Out of these 16 families, 7 families shared that the

agriculture in the affected land is their means of livelihood. It is understood

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16 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

Thrivuvathapuram District

that the other families using the land for agriculture will lose the income from

the yield receives from this land. Besides the other trees in the affected area

have to be cut down for the project.

e. Loss of Livelihood/Income

During the Social impact assessment survey 12 land owners revealed that the

project may cause loss of their means of livelihood. The 5 persons who are the

owners of the resorts included in acquisition and the 7 owners who lose

agricultural land will lose livelihood. One land owner who have given his

property on lease for Resort and 9 owners who lose agricultural land will lose

income due to the land acquisition. The resort owners shared that they are

facing utter financial loss since the functioning of the resort ended when the

project construction activities begun in the area.

Note: The above data is arrived as per the information provided by the

respondents during the Survey. Supporting documents need to be verified during

Land acquisition.

1.6 Mitigation measures

While considering a fore said impact of the land acquisition for

theVizhinjamInternational Seaport project, the following mitigation measures

are suggested:

Compensation shall be provided to the affected families as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act 2013 and Kerala Right to Fair Compensation and

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Thrivuvathapuram District

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

R&R package shall be provided for the affected properties as per the Policies

vide G.O.(Ms)No.485/2015/RD dated 23/09/2015and

G.O.(MS)No.448/2017/RD dated 29/12/2017 issued by Revenue(B)

Department, Government of Kerala for the rehabilitation and resettlement

package for acquisition of land in the state in lieu of RFCTLARR Act 2013.

The specialty of the location, the period of business loss due to the project and

the income had been received from the affected property shall be considered

while calculating the compensation for the Resort owners.

Timely Rehabilitation measures shall be taken for the displaced families

without affecting the stay of the families and ensure that they have given

residential facilities which are not below than the present living situation.

Scientific disposal of the construction waste should be ensured before the

implementation of the project.

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18 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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CHAPTER 2

DETAILED PROJECT DESCRIPTIONS

2.1 Background of the project, including developer’s background and

governance/ management structure

The Government of Kerala through its special purpose government

company Vizhinjam International Seaport Limited is developing a deep water

multipurpose Greenfield port at Vizhinjam. The proposed project is based on a

landlord port model, where all the civil work facilities, construction of basic

infrastructure like breakwater, quay wall,dredging, reclamation, and rail and road

access to the port will be developed by VISL.VISL have engaged AECOM to

develop an integrated port master plan and preparation of EPC tender document

for the civil work. Portconstruction activities will be through the PPP model for an

agreed construction time period. AECOMsubmitted the integrated port master

plan Report to VISL in Nov.2012. During phase 1, AECOM reviewed all the

previous studies and prepared the detailed project report for environmental

compliance and port master plan had to undergo changes based on this study. It

suggested:

The additional mathematical model study results

Addition of new facilities to accommodate within the port

Facilities within port limits as part of CSR

And other entities showing interest in the port development

given the fact of the strategic location of the port

The above said changes was integrated and the Master Plan Report was finalized In

November 2012.Vizhinjam seaport project is being currently developed with a

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private public partnership. The private partner M/S AdaniVizhinjam Port PVT Ltd.

(AVPPL) has commenced the construction on 5th

December 2015. M/S Adani

Ports PVT Ltd is the company responsible for the construction of the project.

Fig 2.1.1.Proposed location ofVizhinjam Port

2.2 Rationale for project including how the project fits the public purpose

criteria listed in the Act

The Vizhinjam International Transshipment deep water multipurpose

seaport is an ambitious project designed primarily to cater container

transshipment besides multipurpose and break cargo. It will become a national

benefit as it improves the modes of tourism as it is found outKovalam is a major

tourist destination in India and ultimately leading to revenue. It also helps in job

opportunities to the people situated in that location and also reducing the overall

percentage of unemployment. It also helps in a more appropriate mode of

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20 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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transportation. This mode can help in easy transportation of goods and

commodities and also for the transportation of personnel.

The land acquisition of the project comes under the public purposes stated in

section 2 (2)a of RFCTLARR act 2013.Further the Notification G.O (P) No

42/2020/RD dated 16-6-2020 issued by Revenue ( B) Department,Govt of

Kerala which was published in Kerala Gazette (Extra ordinary ) No 1480 dated

18-6-2020 stated that the said project as a public purpose .

2.3 Details of project size, location, capacity, outputs, production targets,

costs and risks

The proposed port at Vizhinjam is located in India in the state of Kerala, at 16 km

south of the State Capital, Trivandrum which falls in a close proximity to the

international East-West shipping route. The port location is selected to tap the

potential for development of a deep water international container transshipment

port that can handle the largest container vessels navigating the East-West

shipping route. The proposed port location is just south to the existing fishery

harbor of Vizhinjam.

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21 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

Thrivuvathapuram District

Figure 2.3.1. Vizhinjam port location with respect to international East-

Westshipping route

The key advantage of the proposed site location is availability of naturally

deep water and proximity to the East-West shipping channel. The site is

characterized by naturally available deep water depths with 20m contour

located at a distance of less than 800m from the shore.Based on the

documents provided by VISL on land parcels near the proposed port

already under ownership of VISL, land parcels being considered for

procurement by negotiated purchase and land that cannot be owned,

AECOM has prepared the O&C Map. The O&C Map shows constraints on

development and opportunities for utilization of the various properties

nearby the proposed port site that can be considered for future port

operations, access to the port, or for providing port support facilities. This

map was updated for each Project Meeting, as and when the new

information became available. The study carried out by DREWRY and

AECOM formed the basis for the design parameters. These sets of

parameters were reviewed with and approved by VISL to ensure that they

properly support the VISL development goals and formalized into a set of

Design Criteria. These criteria were used in the evaluation of the planned

marine facilities. This criteria says that the project has the following

constraints:

Steep Land Side Topography: The landside topography at Vizhinjam

immediately behind the waterfront is a hilly area with the cliff formation

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and land levels varying from 15m at the shore to 38m to the hill top. This

would require careful planning for the landside development for the port

backup facilities as well as approach to these areas.

Proximity to the Existing Fishing Harbor: The existing Vizhinjam fishing

harbor is just north of the proposed Vizhinjam port site. As the site is

adjacent to the fishery harbor, buffer space would be required between the

fishing harbor and the construction activities of the northern breakwater.

Resorts: With the progressing development of the project it would pose

threat to the resorts situated there.

Agricultural Lands: The development of the project is also restricted by

the agricultural lands situated on the estimated land for the project.

Cost

The Phase-1 development is estimated to cost USD 642millions. Phase-2

development is estimated to coast additional USD 190million. Phase-3

development is estimated to cost another USD 455 million.

Based on the “landlord” port model, the estimated capital cost split between

VISL and private terminal operator(s) on the basis of discussions with VISL and

AECOM’s experience and understanding of the market. It is assumed that VISL

will provide all civil costs associated with the project including breakwaters,

dredging and reclamation, berths, port crafts and navigation aids. For Phase-1

development, it is estimated that VISL will incur USD 436 million whereas the

private operator will incur around USD 206 million. It is estimated that VISL will

incur USD 98 million whereas the private operator will incur around USD 93

million for Phase-2 development. Phase-3 development cost split will be USD 265

million and USD 192 million between VISL and private operator respectively.

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These cost numbers are in 2012 dollars and may vary depending on actual

contractual agreements between VISL and potential terminal operators.

2.4 Examination of alternatives

Since the land acquisition is for the project of its construction is already started in

the area the examination of alternative is not relevant.

2.5 Phases of the project construction

The construction of Vizhinjam International Seaport project is planned to

implement in 3 phases. The present land acquisition is for the infrastructural

facilities for the 3rd

phase.

2.6 Core design features and size and type of facilities

Based on the projections, the maximum vessel size at the port is likely to be

driven by the Transshipment traffic. The design vessel considered for Phase-1 is

12,500 TEU with provision to handle up to 18,000 TEU depending on the

prevailing market conditions. The vessel sizes for import/ export trade will be

driven by the use of the transshipment vessels for carrying the import/export cargo

as well. For other direct vessel calls serving the import/export cargo, the design

vessels considered are in the range of 1,000 TEU to 6,000 TEU.

As part of the Kerala Port PPP – Market Study, DREWRY Shipping

Consultants also studied the potential for developing a cruise terminal at

Vizhinjamport and assessed the potential traffic which could be targeted. Since the

cruise market assessment conducted during the planning process andincreasing

cruise ship lengths and larger cruise passenger populations on each ship, AECOM

has prepared the Port Master Plan to accommodate the requirements of this

projected larger fleet.

The total amount of cargo a terminal can handle annually depends on the

capacity of four main components: ship operations, yard operations, gate

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operations, and rail operations. AECOM evaluated each of these terminaloperation

components independently to identify elements andthe capacity of Port facilities.

2.7 Need for ancillary infrastructural facilities

The arrangement for uninterrupted people’s movement and transportation should

be undertaken during the project construction period. Also the construction

activities has to plan in such a way to not hindering the access to the houses in

the project area.

2.8 Work force requirements (temporary and permanent)

The private partner M/S Adani Vizhinjam Port PVT Ltd. (AVPPL) has

commenced the construction on 5th December 2015. M/S Adani Ports PVT Ltd is

the company responsible for the construction of the project.

2.9 Details of social impact assessment/ environment impact assessment if

already conducted and any technical feasibility reports

As per the available information, no studies to assess social or environment impact

of the project are conducted in the past.

2.10 Applicable legislations and policies

The applicable laws on land acquisition, with regards to compensation,

rehabilitation and resettlement for the proposed land acquisition

inNeyattinkaraTaluk in Kottukal and Vizhinjam Villages in Thiruvananthapuram

District for construction of Vizhinjam International Seaport Limited are:

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

Kerala Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Rules 2015.

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Government of Kerala – Revenue (B) Department -State Policy for

Compensation and Transparency in Land Acquisition vide G.O (Ms)

NO.485/2015/RD dated 23/09/2015.

Government of Kerala, Revenue (B) Department -State Policy for

Rehabilitation and Resettlement Package for Land Acquisition in the State

in lieu of RFCTLAR&R Act 2013 vide GO(MS)No.448/2017/RD dated

29/12/2017.

Right to Information Act, 2005.

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CHAPTER 3

TEAM COMPOSITION APPROACH, METHODOLOGY

AND SCHEDULE OF THE SOCIAL IMPACT ASSESSMENT

Notification of Revenue (B) Department, Government of Kerala

G.O.(P)No.42/2020/RD dated 16th June 2020 published in Kerala Gazatte (Extra

ordinary) No.1480 dated 18th June2020, stated that approximately 4.2818 hectors

of land from Kottukal and Vizhinjam villagesin Thiruvananthapuram district for

the construction of for the construction of Vizhinjam International Seaport

Project.The said Notification also accorded sanction to Social Impact Assessment

Unit –RajagirioutREACH, Rajagiri College of Social Sciences, Kalamassery- to

conduct the Social Impact Assessment Study of the project as insisted in Section 4

of RFCTLARR Act 2013. Further, a team was constituted by the SIA unit with

experts who have engaged in similar projects and deployed them into the project

with a set of specific roles and responsibilities.

3.1 List of all team members with qualification

Social Impact Assessment study of the land acquisition for Vizhinjam

International Seaport Project from Vizhinjam and Kottukalvillages was

conducted by 13 members who are experienced in conducting such studies. The

study team is headed by the Director of RajagirioutREACH, who is also the

Chairperson of the SIA unit. Details of the study team is given in Table 3.1.1.

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Table 3.1.1 Details of SIA Unit

Sl. No Name Qualification and

Designation

Experience

1. Dr. Binoy Joseph Ph.D, MA(PM&IR),

LLB,

Consultant

26 years in teaching,

research and training

2. Dr.Fr Saju M.D M Phil, Phd,

Consultant

13 years in teaching and

research

3. Fr.Shinto Joseph M.S.W, Consultant 5 years in teaching and

research

4. MeenaKuruvilla

MSW,

Chairperson

33 years in development

sector

5. Maria Tency.

V.S

M.A.,D.S.S.

Research Associate

29 years in development

sector

6. Biju C P B.A,

Development

Officer-SIA

28 years in development

sector

7. George V.A

M.S.W

Research Associate

30 years in development

sector

8. Divya P.G M.A

Research Associate

12 years in development

sector

9.

Gigin P.S M.S.W

Research Associate

2 years in development

sector

10. ElizabathPenelop

Lobo

MBA

Research Associate

33 years’ experience

11. Varghese K.O. Research

Investigator

30 years’ experience

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3.2 Description and rationale for the methodology and tools used to collect

information for the social impact assessment

Estimation of the number of project affected families and individuals,estimation

of the project affected properties, finding out the social impacts of the project

and prepare Social Impact Mitigation Plan are the objectives of Social Impact

Assessment study. The primary and secondary sectors have to be studied in

detail to collect the data for the preparation of Social Impact Assessment Study.

A questionnaire was prepared to collect the details from the project affected

families based on the investigation and primary visit of the study team in the

project area. The questions related to the socio-economic status of the families,

demographic details, details of the affected properties, usage of the affected

land, opinions of the families about the land acquisition and the project were

included in the questionnaire. Later, the primary data was collected by

conducting socio-economic survey in the affected families by using the prepared

questionnaire. Due to Covid 19 epidemic situation the SIA unit could not visit

and collect details from all affected land owners then. Public Hearing was

conducted on 1/12/2020 in the area by disseminating its details through various

means of publicity. Later through telephonic and direct interviews details were

collected from those who were not included in the first survey but participated in

public hearings. Telephonic survey was also conducted with the land owners

who are not staying in the project area. Besides telephonic key informant

12. Philomina.K.A Data Entry Operator 27 years’ experience

13. Indira.V.V Data Entry Operator 29 years experience

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interviews were conducted to know about the expected impacts of the project in

the region.

The secondary details for the study was collected from the Requiring Body and

office of the Land Acquisition Officer.

Based on the scientific analysis of the data collected through the study aDraft

Report of Social Impact Assessment Study was prepared which includes the Social

Impact Management Plan. The said report was presented in the public

hearingheld inH.S.S. for Girls, Venganoor on 1stDecember,2020 andgiven

opportunity to the affected people to suggest additions and deletions to the final

report. Besides it was a venue for the affected people to raise doubts and

anxieties about the project and land acquisition for which an officer deputed by the

Special Tahsildar appointed for the project and officials from the Requiring Body

were answered.

In short, the steps taken for the study are as follows:

Study of relevant documents received from the office of Vizhinjam

International seaport limited.

Site visit.

Socio-economic survey and enumeration of affected properties.

Analysis of socio-economic survey data.

Draft Report Preparation.

Public Hearing.

Second phase survey and analysis of the received data

Seeking answers from the Land Acquisition Officer and the Requiring Body

for the questions raised by the affected people during public hearing.

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Finalization of a SIA Report

3.3 Sampling methodology used

As the size of land to be transferred for the project by the affected person and

extent of impact due to latter is unique for each, a population Socio-Economic-

Impact Survey was found to be appropriate over sampling method. The Social

Impact Assessment Study Unit could not surveyed all land owners due to the

prevalence of Covid 19 epidemic situation and the non-availability of the addresses

of some owners. This report is prepared on the basis of the data received from 30

affected land owners.

3.4 Overview of information/ data sources used

A unique structured questionnaire was prepared, tested and validated to collect

information from affected persons through Socio-Economic-Impact Survey. The

questionnaire contained questions aimed to collect the information such as

Demographic/ Economic/ Family/ Livelihood/details of performing/non-

performing assets in the project land and the types/degree of impact.

Both primary and secondary quantitative and qualitative information were

collected and analyzed through scientific methods. The primary information was

collected from the affected families through survey using a pretested structured

questionnaire. Secondary information was collected by the field investigators at

multiple stages from the office of the Requiring Body, Land Acquisition office and

village offices. The response and data points were analyzed and findings have

reported along with the recommendations.

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3.5 Schedule of consultations with key stakeholders and brief description of

public hearings conducted

As part of the study, multiple meetings, interviews, discussions were held with

important stakeholders.

Table 3.5.1 Schedule of Meeting/Activities

Date Activity/Event/Meeting

17-09-2020 Meeting with the Requiring Body

17-09-2020 Site Visits& socio-economic survey

17-09-2020 Visit to Vizhinjam village office

02-10-2020 Socio-Economic Survey and Key Informant Interview

02-10-2020 Visit to Kottukal village office

16-11-2020 Dispatching the Notice about Public Hearing Meeting to the

affected parties

01-12-2020 Public Hearing& Draft Report presentation

03-12-2020

to

14-12-2020

Telephonic survey with the Affected land owners

05-12-2020 Seeking answers for Public Hearing Queries from LAO and

Requiring Body

17-12-2020 Finalization of the Report

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Public Hearing

As part of the social impact assessment study of the landacquisition

fromVizhinjam, Kottukal villages in Neyyattinkara Taluk for the Vizhinjam

International Seaport Construction Project, a public hearing was held in Girls

Higher Secondary School, Venganooron 01.12.2020. The officialsfrom land

acquisition office and office of the Requiring Body and SIA study team members

were present in it.Ms.MeenaKuruvilla, Chairperson of SIA Unit explained above

the objectives of the public hearing. Ms.Divya.P.G, SIA study Team member

presented the Draft report of Social Impact Assessment study. Further the affected

people raised doubts for which Sri.Binu Chandran, Valuation Assistant of

L.A.Office and Sri.C.R.Krishnakumar, A.L.M., Vizhinjam International Seaport

Ltd.were answered. SIA study Team members Sri.BijuC.P, and Sri.Varghese

.K.O. Were delivered welcome speech and vote of thanks respectively.

The doubts raised by the affected people during the public hearing and also the

questions given in writing to the SIA unit was given in writing to the Land

Acquisition Officer and Requiring Body for which the Requiring Body has

given written reply. Those questions and answers are given in Table 3.5.2

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Table 3.5.2

Questions raised in the Public Hearing and Reply from Concerned Officials

Venue: Girls Higher Secondary School, Venganoor, Thiruvananthapuram

Date : 1st December 2020

Sl.

No.

Name of the

Person

Queries/suggestion Answer from the

Requiring Body

1 Renjith

Mathew

(Coconut Bay

Beach Resort)

Due tothe acquisition of

land/resort they face huge

financial loss. Therefore, the

Government has to constitute a

special financial committee to

determine the price of land.

Before the new act the land was

acquired at a mutually agreed

price with stake holders or in

“ponnumvila”. But as per the

RFCTLARR Act of 2013, the

maximum of the 3 year scale

grade price and market price

should be considered to calculate

compensation.

The Land will be

acquired as per the LARR

Act 2013. There is a

government order

ieG.O(MS)448/2017/RD

dated 29/12/2017 to

provide compensation.

Compensation will be

provided as per the GO.

2 Jayashankar

(Thapovan

Resort)

A special financial committee

should be formed. Through the

committee they should discuss

the turnover of their property, the

The Land will be

acquired as per the LARR

Act 2013. There is a

government order

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loss of revenue in the business as

well as the market value, the loss

on land acquisition, the building

cost, the compensation for their

employees who lost their jobs

and the opportunity to claim a

comprehensive loss. About 70

employees are working in their

institution are recipients of ESI

and PF benefits. This should also

be taken into consideration to

decide the compensation

ieG.O(MS)448/2017/RD

dated 29/12/2017 to

provide compensation.

Compensation will be

provided as per the GO.

3 K.Chandrashe

karan

When the land was acquired for

the godown, jobs for owner’s

children were promised. It has

not been fulfilled. A solution to

this problem should be suggested.

No documents are

available that the

government has taken

such a decision

4 KumariKavith

a

We have good farmland with

coconut backyard. The Vizhinjam

port authority has been collecting

revenue from their land for 8-9

years since 2011. Compensation

should be given from the time

that the income is taken. The

village record shows that the land

was acquired.

The income has been

taken in auction only

from the land acquired by

VISL. It will be

examined whether any

fault from the auctioneer

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5 Harikuttan Their house is besides a canal in

Chappath. That place is not

included in acquisition

The land required as per

the alignment is acquiring

for Vizhinjam seaport.

No need of more land at

present

6 Karthikeyan Land already has been acquired

for the port. But the measurement

of land shows less which must be

verified.

It will be examined while

getting a special

application

7 K.

Ramachandran

Nayar (late)

Block no: 16

Survey no :

251/18

Our property is under joined

ownership. We are willing to

give our land to Vizhinjam Sea

Prot Project.

The land required as per

the alignment is acquiring

for Vizhinjam seaport.

No need of more land at

present

Figure 3.5.2.1. Photos of public hearing

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37 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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CHAPTER 4

LAND ASSESSMENT

4.1 Description with the help of the maps, information from land

inventories and primary sources

The present land acquisition is proposed for the construction of Vizhinjam port.

The project area situated inVizhinjamandKottukalVillagesof Neyyattinkara

Taluk, Thiruvananthapuram District. Vizhinjam Port is located 15Km South

West from the city center and 17 km south of Trivandrum International Airport

along NH66.Vizhinjam is part of the mainland of Thiruvananthapuram and

belongs to Thiruvananthapuram Corporation which locates around

2.9k.m.away, from M.G.road, Trivandrum town.

Figure 4.1.1 Google Map of the Project Area

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4.2 Entire area of impact under the influence of the project (not limited to

land area for acquisition)

The land to be acquired for the project is situated in Vizhinjam and Kottukal

villages of NeyyattinkaraTaluk in Thiruvananthapuram district. The project areas

are tourist areas which was notified by the CRZ in 1991 as Area of Outstanding

Natural Beauty. It is understood that 3 tourist resorts which had been well

functioning in the area. Besides the area is having lot of coconut trees which adds

its beauty.

Vizhinjam port is expected to change the face of Trivandrum in many ways.

Currently Trivandrum is a fine example of a consumerist place. There are small

industries on going there by the construction of Vizhinjam port lot of items will

reach Trivandrum by ship. Most of the items are transported from other state via

road, rail, and so on. The effect of this that the price of items are more when you

buy. By the implementation of Vizhinjam Port project this trend will most

probably get reversed. Huge quantities of items maybecome available and

Thiruvananthapuram will start to supply items to other states.

As an impact of the project the land price may increase. More business and

trading companies will prefer Trivandrum. Overall the city will become more

prosperous. Some other benefits that will change the outlook by this project are

international recognition, more number of job opportunities, better infrastructure,

better road, better development, improve economic growth.

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40 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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Figure 4.2.1 Project location photographs

4.3 Total land requirement for the project

It is notified to acquire approximately 4.2818 hectares of land for the project

from Vizhinjam and Kottukal villages inNeyyattinkaraTaluk. The present land

acquisition is for the infrastructural facilities for the Vizhinjam International

Seaport project which is under construction.

4.4 Present use of any public, utilized land in the vicinity of the project area

Any of the public utilized land is not identified in the project area.

4.5 Land (if any) already purchased, alienated, leased or acquired, and the

intended use for each plot of land required for the project

The present land acquisition is for the infrastructural facilities for the Vizhinjam

International Seaport project which is under construction. As per Detailed Project

Report, the total land requires for the project is 140.42 hectores which includes

48.16 hectors of land owned by Vizhinjam Seaport Ltd. The land is already

acquired for the project.

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4.6 Quality and location of land proposed to be acquired for the project

The land to be acquired for the project is situated in Vizhinjam and Kottukal

villages of NeyyattinkaraTaluk in Thiruvananthapuram district. The project areas

are tourist areas which was notified by the CRZ in 1991 as Area of Outstanding

Natural Beauty. It is understood that 3 tourist resorts which had been well

functioning in the area. Besides the area is having lot of coconut trees which adds

its beauty. The location of the port is just south to the Fishery harbor. It is

economically and geopolitically significant as a key point connecting the shipping

between South Asia and the Middle East and is having the presence of natural

water.

4.7 Nature, present use and classification of land and if agriculture land,

irrigation coverage and cropping patterns

Out of 30 land owners studied by the SIA unit, land of 10 land owners belongs to

dry land category, land of 13 land owners belongs to wet land and the land of 7

owners belongs to Nilamnikarthpurayidam category. The project affected land is

using are by the affected people for residential, commercial and agricultural

purpose.The land to be acquired have been using by 16 owners for agriculture, 6

owners as their residence and 6 owners are using their land for Resorts related to

tourism. The land of 2 owners are the remains of the already acquired land.

Coconut, Plantain, Tappioca, areca nut are yields in the project area.

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4.8 Size of holdings, ownership patterns, land distributions and number of

residential houses

The measurement of the land holdings of the 30 affected land owners studied by

the SIA unit is illustrated in Figure 4.8.1

Figure 4.8.1 Size of Land holding of the Families

As illustrated in Figure 4.8.1, 19owners hold a land area of less than 30 cents , 4

owners hold land area of 30 to 50 cents, another 4 owners hold land area of 50

to 1 acre and 21owners hold an area above 1acres of land (Figure 4.8.1)

Figure 4.8.2. Period of Land possessed by the Land Owners

19

4 4

3

30

0 - 3 0 C E N T S 3 0 - 5 0 C E N T S 5 0 C E N T S - 1 A C R E

1 A C R E & A B O V E

T O T A L

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Year of Ownership

The figure 4.8.2 illustrated the period of land possessed by the affected families.

The period of land possessed by 5 (17%) families is below 15 years, 16 (53%)

families is 15-30 years, 3 (10%) families is 30-50 years and 6 (53%) families

possessed the land above 50 years. Out of the 30 land owners surveyed, 18

acquired the land from their ancestors and 12 owners bought the land in different

periods. 6 affected families are using the affected land for residential purpose.

4.9 Land prices and recent changes in ownership, transfer and use of lands

over the last three years

No transaction was done in the land to be acquired for the last 3 years as per the

information received from the respondents.

17%

53%

10%

20%

Below 15

15-30

30-50

50 and above

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44 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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CHAPTER 5

ESTIMATION AND ENUMERATION (WHERE REQUIRED)

OF AFFECTED FAMILIES AND ASSETS

5.1 Estimation of families

There will be possibility of direct and indirect impacts when a land acquired for a

public purpose. The owners of the land to be acquired would be considered as the

families facing direct impact and those who have been depending on the said land

for their livelihood/residence/any basic facilities would be considered as the

families face indirect impact. It is understood that the present land acquisition for

the Vizhinjam International Seaport project cause only direct impact.

5.1.1 Families which are directly affected (own land that is proposed to be

acquired)

As per the schedule notified by the Revenue(B)Department (Notification

G.O(P)No.42/2020/RD dated 16/06/2020) in Kerala Gazette (Extra Ordinary)

No.1480 dated 18th

June 2020, approximately 4.2818 hectares of land from 129

survey numbers belongs to Vizhinjam and Kottukal villages is proposed to be

acquired for Vizhinjam International Seaport Project. The Social Impact

Assessment unit could identify 30 land owners of the land belongs to 94 survey

numbers. Details of those land owners are given in the table below:

Table 5.1.1. Name and details of the Affected Land Owners

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Sl.

No.

Name and Address of the land owners Survey/

Resurvey No.

1 Ranjith Mathew

A 7, Ben heaven Garden, Kavadiyar, Trivandrum.

748/10, 748/14, 748/8, 748/9,

787/12, 747/13, 747/14,

747/15, 746/19, 748/23

2 Reeni Mathew

A7, Ben heaven Garden, Kavadiyar, Trivandrum

747/10,747/16,747/17,747/18

3 Mathew Kodath

A 7, Ben heaven Garden, Kavadiyar, Trivandrum

748/11

4 Biju P L in joint entrepreneurship with Andreas

Kurt Wilhelm Heitmann

745/2 pt, 745/3,

745/4,745/5,745/6pt,745/7pt

,745/8,

745/9,745/12,746/1,746/2,

746/3, 746/4, 746/5,746/6,

746/7, 746/8, 746/9, 746/10,

746/11, 746/12, 746/13,

746/14, 746/15, 746/16,

746/18, 746/21, 746/22,

746/26, 746/27, 747/1, 747/6,

747/7, 747/8, 747/9, 748/1

5 Rajendran and Omana

ChellanNadar, Panavilakkode,

ThekkethattKizhakkeyidathVeed, Vizhinjam PO,

Trivandrum

285/2pt

6 Preetha K Nair

Bharghavi Pillai and Omana Pillai

656/10

656/10

7

Manu V

60/769, Thekkenandikulam, ThekkarikkVeedu,

Mulloor PO

716/13,748/9

8 KumariKavitha

DpSadanam, Valavunada East, Kottukal PO,

Kottukal

58/16

9 Padmakumari P

Padmalayam, Mullur, Mullur PO, Vizhinjam

746/23

10 PrabhakaranNaadar P

AnaghaBhavan, mulloor, Vizhinjam

745/8, , 745/14

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46 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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11 Kamalamma (Indhira M R K)

Dwarakamuranjapalam,G.G Hospital near,Medical

College P.O, Thiruvanathapuram, P .C No 2238/5

716/15, 716/27

12 BagavathyParukuty ( Late) joint Ownership

Krishnaprasad

Prasad house

Valavu nada, Punnakulam, Kottukal

64/8-1

13 SreeLal

V S Nilayam

Thottam, Mulloor

656/4,656/5, 656/26,749/5,

769/33

14 A K Ushakumari

Chovvara, Kottukaldesham

651/9

15 JijuChristalin

Nupuram(H)

Paalavila, mulloor P O

651/11, 651/12

16 SruthyPadman

SruthyNilayalam

Marathoorkonam, Kottukal P O

120/15pt

17 Vijayakumari (late)

Ajith V N

Thiruvathira

Panavila, Mulloor P O, Vizhinjam

715/11, 715/25, 716/12,

716/23

18 Pathmakumari T

Manunivas,Azhakulam

Vizhinjam PO

746/23

19 Sumangala

Mulakkal(H) ,Kottukal

Punnakkulam PO ,695501

47/11

47/11

20 Rathnakumar

Mulloor,kalinganada

Vizhinjam,695521

647/21

21 Joseph ManoharanOwen

Zambis place

Coconut bay beach resort

Mulloor PO

748/13,749/16,748/25,748/24

22 Sathyaseelan 718/9

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5.2 Family of scheduled tribes and other traditional forest dwellers who

have lost any of their forest rights

Neither any Scheduled Tribes, nor any other community with special forest rights

are reported to be affected with the project.

5.3 Families which depend on common property resources which will be

affected due to acquisition of land of their livelihood

Common property resources are not being affected due to the project.

Sathyasinayil H ,Pulinkudi

Mulloor ,Thiruvananthapuram

23 Alan S.S

s/o Shivanpilla

kottakkaldhesam

56/14

24 Narayani V

S SBhavan, cheruvilla PO

Marudhurkunnam

123/16 ,123/15

25 Ramachadrannair

Ajithamandhiram , Chapathu

Kottukal PO

251/18pt

26 Chandhran S

Nandhikulam , Vadakkarikathu H

Vizhinjam

648/11

27 Kesavanpillai

Kottukal Village, Thiruvananthapuram

46/13

28 R Ravinathan and Sujatha R

SreesyamNellikunnu

Muloordesham, Vizhinjam

746/17,285/28

29 Binu B K s/o Barghavan Nair

AswathyBhavan

Mulloor P.O

718/7

30 Karthikeyan

Thottam H ,Souparnika

MulloorMulloordesham, Vizhinjam

656/9

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5.4 Families which have been assigned land by the State Government or the

Central Government under any of its schemes and such land is under

acquisition

No such families are residing in the affected area.

5.5 Families which have been residing on any land in the urban areas for

proceeding three years or more prior to the acquisition of the land

No such families are residing in the affected land.

5.6 Families which have depended on the land being acquired as a primary

source of livelihood for three years prior to the acquisition

It is understood that 5 persons belongs to 3 families who are the owners of 3

resorts which had been functioned in the area and 7 owners of the agricultural land

were depended on the affected land for their livelihood

5.6.1 Families which are indirectly impacted by the project (not affected

directly by the acquisition of own lands)

The resorts in the area have not been functioning since 4.5 years the project does

not have indirect impact at present. Social Impact Unit could understand that the

labours worked in the resorts were reasonably compensated as the information

received from the resort owners.

5.6.2 Inventory of productive assets and significant lands.

The land to be acquired for the project is situated in Vizhinjam and Kottukal

villages of Neyyattinkara Taluk in Thiruvananthapuram district. The project areas

are tourist areas which was notified by the CRZ in 1991 as Area of Outstanding

Natural Beauty. It is understood that 3 tourist resorts which had been well

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functioning in the area. The proposed land belongs to purayidam, Nilam and

Nilamnikathpurayidam categories which are using by the affected people for

residential, commercial and agricultural purpose. 16 of the surveyed owners is

using the land for agricultural purpose especially for cultivation of coconut,

plantainand tapioca. Details of the trees including fruit bearing trees in the area are

given in Table 5.6.2.1

Table 5.6.2.1. Statistics of tree affected

SI.No Trees/Crops

Units

1 Coconut tree 882

2 Jackfruit Tree 5

4 Anjili 10

5 Plantain 500

6 Teak 1

7 Tapioca 1175

8 Pappaya 2

9 Other trees 47

Total 2622

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CHAPTER 6

SOCIAL ECONOMIC AND CULTURAL PROFILE

(AFFECTED AREA AND RESETTLEMENT SITE)

This chapter contains information about the socio-economic and cultural aspects

of the affected area. It includes the demographic details, economic status,

vulnerability among the affected families, local economic activities in the area,

enumeration of the livelihoods of affected families, socialization pattern of the

project affected persons, and other related information.

As per the Notification G.O.(P)No.42/2020/RD dated 16.06.2020 of Revenue

(B) Department, Government of Kerala which was published in Kerala Gazatte

(Extra ordinary) No.1480 dated 18th June 2020, approximately 4.2818 hectares of

land from Vizhinjam and Kottukal villages are required for Vizhinjam

International Seaport Project. The properties included in 129 survey numbers will

be acquired for the project as per the above said Notification. Due to the Covid 19

epidemic situation the SIA unit could not identified and surveyed all the affected

land owners. The SIA unit could identified and surveyed 22 land owners from

Vizhinjam village and 8 land owners from Kottukal village. These are the owners

of the land belongs to 94 survey numbers out of the 129 survey numbers included

in acquisition. The 30 land owners studied by the SIA unit belongs to 28 families.

Only 6 of the affected families are using the land for their residence. The socio-

economic details of these families reside in the affected land are analyzing in this

chapter.

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6.1 Demographic details of the population in the project area

The total population of the affected families reside in the project are is 26 out of

which 12 are male and 14 are females.

Figure 6.1.1. Age of the Members of the Project Affected families in the

Project Area

Age

Out of the 26 total population of the affected families resides in the project area, 5

members are children under the age of 17 years, 4 members belongs to the age

group of 18-30, 6 members belongs to the age group 31-45 and another 6

members belong to the age group of 46-59. The remaining 5 members are elderly

people who is having above 60 years of age.

5

4

6 6

5

26

0 - 1 7 1 8 - 3 0 3 1 - 4 5 4 6 - 5 9 6 0 A N D A B O V E

T O T A L

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Social background of the affected families residing in the project area

The 6 affected families residing in the project area are belongs to Hindu religion in

which 5 families belongs to OBC and 1 family belongs to general category. It is

understand that the 3 families to be displaced from the area are belongs to Other

Backward Communities.

6.2 Income and poverty levels

Based on the classification by Public Distribution System 19 affected families

possess White ration card, 7 families possess Blue ration card and 2 families

possess Pink ration card.

The monthly income of the affected families are given in Table 6.2.1

Table 6.2.1: Monthly Income of the Project Affected Families

Monthly Income (Rs) Number of families

1000_10000 6

10001_20000 1

30001_40000 5

50000_100000 13

Above Rs.100000 3

Total 28

Out of the affected families, the monthly income of 6 families are between

Rs.1,000/- and 10,000/-, 1 family earns Rs.10001-20000, 5 families earnRs.30001-

40000 and 13 families earn Rs. 50,000-1,00,000/-. There are 3 families earns above

Rupees 1 lakh per month.

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6.3 Vulnerable groups

There are 2 elderly and 2 children in the 3 families to be displaced from the area.

Besides 10 affected land owners are elderly ie. above 60 years of age and among

them 1 owner is widow.

6.4 Land use and livelihood

The land to be acquired have been using by 16 owners for agriculture, 6 owners as

their residence and 6 owners are using their land for Resorts related to tourism.

The remaining land of 2 owners are open land.

During the Social impact assessment survey 12 land owners revealed that the

project may cause loss of their means of livelihood. The 5 persons who are the

owners of the resorts included in acquisition and the 7 owners who lose

agricultural land will lose livelihood. It is understood that a land owner who have

given his property on lease for Resort and 9 owners who lose agricultural land will

lose income due to the land acquisition. The owners of the resorts which

functioned in full swing in the area will lose their property in this area fully. Many

labours were depended on the income from the resorts for their livelihood before

the project implemented. During the survey they revealed that the business loss

suffered for the last 4 ½ years, since when the project construction activities started

in the region, is in the range from 1 crore to 10 crore.

6.5 Local economic activities

Vizhinjam project area is a seashore which is having natural beauty and attracts

tourists. The Kovalam beach, where many tourists including foreigners visits,

locates near the project area. Local economic activities in the area mainly related

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to tourism. The 3 resorts included in acquisition had been functioning in the area

in full swing.

6.6 Factors that contribute to local livelihoods

Vizhinjam project area is a seashore. The people in the locality and outside were

depended in the area for fishing. Besides the families earned for their livelihood

from the activities related to tourism. Many labours worked in the resorts

functioned in the area.

6.7 Kinship patterns and social and cultural organization

The affected families are nuclear families. There is no cultural organization found

in the project affected area.

6.8 Administrative organization

None of the Administrative organization is affected due to the project

6.9 Political organization

None of the political originations are being affected by the project.

6.10 Community based and civil society organizations

No such organizations are affected due to the project.

6.11 Regional dynamics and historical change processes

Vizhnjam is an area located in the Kerala state capital city Trivandrum. It is

located 15km south west from the city center and 17 km south of Trivandrum

International Airport along NH66.

As per the historians, Vizhinjam located at the extreme south western tip of

South Asia, served as an important port throughout the history of the region.

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Vizhinjam was the administrative capital of Arya Kingdom, which is believed to

have ruled over parts of the Southern India between the 8th

and 10th centuries A.D.

The region had witnessed several battles in which the Chola and Pandya dynasties

attempted to gain control of the port town.

6.12 Quality of the living environment

The project area belongs to Thiruvananthapuram Corporation and situates 16 km

away from Thiruvananthapuram town. The people in the locality have access to

the necessities. The project is expected to cause the development of the

infrastructure of the region and which may lead to the improvement of the living

environment.

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CHAPTER 7

SOCIAL IMPACT MANAGEMENT

7.1 Approach to mitigation

To assess the mitigation, the expert research team of SIA Unit has adopted an

approach that is spanned in four phases. In the first phase, a physical observation

of the area was held and conducted a pilot study to understand major risks and

opportunities involved with the project. Later the affected families was surveyed

by using a structured questionnaire and collected details on the socio-economic

background of the families, the impact of each families due to land acquisition etc

were collected. In the 3rd

phase to understand the common risks and advantages

involved with the project, in-depth interviews were held with selected key persons

and stakeholders of the project. As the 4th stage a Public Hearing was heldon

1/12/2020, at G.H.S.S, Venganoor.The officials from LAO and the requiring body

were replied to the queries of the project affected people related to land acquisition

and implementation of the project. The draft report of the Social Impact

Assessment was presented in the Public Hearing and the project affected people

has given opportunity to express views related to the study report. Further the

information was collected directly and over phone from those who did not

participated in 1st phase of survey but present in the Public Hearing and that details

were also analyzed and included when finalizing the Social Impact Assessment

Report.

7.2 Measures to avoid mitigate and compensate impact

The proposed land acquisition fromVizhinjamand Kottukal Villagesin

NeyyattinkaraTaluk of Vizhinjam International Seaport projectis planned by the

requiring body byminimizing the impact in the most possible manner. It is

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understood that the affected areaswere used by the families for residential,

commercial (resorts) and agricultural purposes. The project may cause the impacts

like displacement of families and loss of livelihood. Following measures may be

taken to avoid, mitigate and compensate impact caused to the land owners of 129

survey numbers.

Compensation shall be provided to the affected families as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act 2013 and Kerala Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

R&R package shall be provided for the affected properties as per the Policies

vide G.O.(Ms)No.485/2015/RD dated 23/09/2015and

G.O.(MS)No.448/2017/RD dated 29/12/2017 issued by Revenue(B)

Department, Government of Kerala for the rehabilitation and resettlement

package for acquisition of land in the state in lieu of RFCTLARR Act 2013.

The specialty of the location, the period of business loss due to the project and

the income had been received from the affected property shall be considered

while calculating the compensation for the Resort owners.

Timely Rehabilitation measures shall be taken for the displaced families

without affecting the stay of the families and ensure that they have given

residential facilities which are not below than the present living situation.

Scientific disposal of the construction waste should be ensured before the

implementation of the project.

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7.3 Measures that are included in terms of Rehabilitation and Resettlement

and Compensation as outlined in the Act

The Rehabilitation and Resettlement package as per the Policies issued by

Revenue(B) Department, Government of Kerala vide G.O.(MS)No.485/2015/RD

dated 23/09/2015 and G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the

rehabilitation and resettlement package for land acquisition in the state in lieu of

RFCTLAR&R Act 2013.

7.4 Measures that the Requiring Body has stated it will introduce in the

project proposal

Not applicable.

7.5 Alterations to project design and additional measures that may be

required to address the extend and intensity of impacts across various groups

as identified during SIA

Not applicable

7.6 Detailed Mitigation Plan including detailed activities to be carried out

for each mitigation strategy, timelines for each mitigation strategy

To mitigate the social impact of the proposed land acquisition, R&R package

should be provided to the families as per the Policy issued by Revenue(B)

Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated

29/12/2017 for the rehabilitation and resettlement package for land acquisition in

the state in lieu of RFCT LAR&R Act 2013 by strictly following the time plan and

procedures stated in the Kerala Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Rules, 2015.

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Table 7.6.1 Social Impact Management Plan

Sl. No.

Impacts Impact Management

Time Plan Monitoring Indicators

1 Loss of land Provide compensation as per the 1st schedule of RFCTLARR Act 2013 and the related policies of Kerala State Government

Time frame as per the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

Rules 2015.

Sensitize the

affected families

about the

reasonable price

and other legal

benefits of the

land is providing

2 Loss of the properties attached to the land

Provide compensation as per the 1stschedule of RFCTLARR Act 2013 and the related policies of Kerala State Government

Assets should be

measured in the

presence of the

land owners and

inform them the

procedures of its

valuation

3. Impact on residences/ displacement

Provide compensation and R&R package as per the 1st&2ndschedule of RFCTLARR Act 2013 and the related policies of Kerala State Government

Speedy

resettlement

procedures.

Resettlement

before

displacement.

Ensure the

families will not

face difficulty for

stay and basic

facilities even for

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a day.

4 Loss of livelihood/income

Provide R&R package as per the 2ndschedule of RFCTLARR Act 2013 and the related policies of Kerala State Government

Reasonable

consideration for

the dropping

livelihood of the

owners

considering the

speciality of the

area and the

income had been

received from

there.

5 Impact on Agriculture/trees

Provide compensation and R&R package as per the 1st&2ndschedule of RFCTLARR Act 2013 and the related policies of Kerala State Government. As far as possible protect the trees in the area otherwise measures to be taken to replant equal number of destroyed trees

Environment

protection of the

area.

6 Waste formation during construction

Scientific and timely disposal of construction waste.

Plan for waste disposal before construction period

Ensure the wastage is properly disposed before the commissioning of the project without causing environmental issues to the area.

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7.7 The SIA plan indicating which measures the Requiring Body has

committed to undertake and those that have been proposed, but not

committed to be undertaken by the Requiring Body

Not Applicable.

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CHAPTER 8

SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL

FRAMEWORK

8.1 Description of institutional structures and key person responsible for

each mitigation measures

RFCTLARR Act, 2013 section 43 and The Kerala RFCTLARR Rules 2015 Rule 22 define

the Administrator appointed by the State Government would be the person responsible

for Preparation of Rehabilitation and Resettlement Scheme for affected families of Land

Acquisition. Subject to the superintendence/ directions / control of the appropriate

Government and the Commissioner for Rehabilitation and Resettlement, the

formulation, execution and monitoring of the Rehabilitation & Resettlement Scheme

shall vest with the Administrator. As per the procedure of the District Collector No. K4-

147314/18 dated 24.07.2020Special Tahsildar Additional L.A. unit,

Thiruvananthapuram is appointed as the Administrator of the land acquisition from

Vizhinjam and Kottukal villages in Neyyattinkara Taluk for Vizhinjam International

Seaport Project.

As per The Kerala Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Rules,2015 and the Policy framed by the State

government via G.O. (Ms) No.485/2015/RD, dated 23/09/2015, 2 committees shall be

constituted for the land acquisition in Kerala State.

1. District Level Fair Compensation, Resettlement and Rehabilitation Committee

comprises the following members:

• District Collector

• Administrator for resettlement and rehabilitation

• Land Acquisition officer,

• Finance Officer

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• Representatives of the requiring body empowered to take financial decisions

on its behalf.

• Representatives of Local Self Government Institution of the project area

2. The State Monitoring Committee for Rehabilitation and Resettlement comprises

the following members:

• Chief Secretary

• Revenue Secretary

• Secretary of the Administrative Department

• Law Secretary

• Finance Secretary

The District Level Fair Compensation, Resettlement and Rehabilitation Committee will

finalize the estimate of a fair and reasonable price of land and compensation along with

the Rehabilitation and Resettlement package to be given to the affected person/ family

and submit the same to the State Level committee. The State Level Empowered

Committee shall approve the estimate or return it for reconsideration with

suggestions/observations.

After the approval of the State Level Monitoring Committee the District Level Fair

Compensation Resettlement and Rehabilitation Committee shall present the estimated

compensation and resettlement and rehabilitation package to the affected family or

affected person and explain the terms and conditions of the same. Upon receiving the

consent of the affected person or affected family, the District Level Fair Compensation

Resettlement and Rehabilitation Committee shall submit the consent along with the

minutes of its proceedings to the District Collector for finalizing the conveyance of land

in terms of the consent. The Compensation and package agreed upon shall be paid into

the bank account, the details of which shall be submitted by the affected family or

affected person along with the consent. On completion of the conveyance the Collector

shall take possession of the land.

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8.2 Specify role of Non-Governmental Organizations

RFCTLARR Act 2013 section 4 insist to conduct a Social Impact Assessment study

whenever the Government intends to acquire land for a public purpose. As per the Rule

9 of The Kerala Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Rules 2015, the Government shall empanel the

individuals/ organizations as Social Impact Assessment units to conduct the Social

Impact Assessment study of the land acquisition. RajagirioutREACH,is entrusted by

the Revenue (B) Department, Government of Kerala via Notification No.

G.O.(P)No.42/2020/RD dated 16th June 2020 to conduct the Social Impact Assessment

Study of the land acquisition from Vizhinjam and Kottukal villages in

NeyyattinkaraTaluk for Vizhinjam International Seaport Project. Therefore

RajagirioutREACH,the SIA agency is responsible to conduct procedures for Social

Impact Assessment including Public Hearing.

8.3 Indicate capacities required and capacity building plan, including

technical assistance if any

No applicable

8.4 Timelines for each activity

Timeline for each activity of the land acquisition will be as per the Kerala Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

Rules, 2015.

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CHAPTER 9

SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND

FINANCING OF MITIGATION PLAN

9.1 Costs of all resettlement and rehabilitation costs

Notifying the survey numbers of the land to be acquired for Vizhinjam

International Seaport Project, G.O.(P)No.42/2020/RD dated 16.06.2020 of

Revenue (B) Department, Government of Kerala was published in Kerala

Gazatte (Extra ordinary) No.1480 dated 18th

June 2020. As per the above

Notification approximately 4.2818 hectares of land which belongs to 129 survey

numbers from Vizhinjam and Kottukal villages will be acquired. Social Impact

Assessment unit understood that the land owners were using the affected land

for residential, commercial and agricultural purposes. Out of 129 survey

numbers included in acquisition, SIA unit could identified and surveyed 30

individuals who are owners of land belongs to 94 survey numbers. The residence

of the 3 owners are included in acquisition. Hence these families have to be

displaced for the project. The 3 resorts which functions in the region since 1995

namely; Coconut Bay Beach Resort,Thapovan Heritage home and Seapark

Beach Resort are included in acquisition.All these resort owners are losing their

property in this area fully. During the survey the resort owners revealed that they

were receiving Rs.1 crores-6.5crores income annually from the affected resorts

which have been operating with valid trade licenses and payment of Income

Tax, Commercial Taxes and License fees. They also shared that they are facing

economic loss and emotional stress as the resorts were closed since the last 4 ½

years when the project construction activities started in the region. 16 of the

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surveyed owners is using the land for agricultural purpose especial for

cultivation of coconut, plantain and tapioca. Out of these 16 families, 7 families

shared that the agriculture in the affected land is their means of livelihood. It is

understood that the other families using the land for agriculture will lose the

income from the yield receives from this land. Considering all the impacts of

land acquisition a draft R&R package plan will be prepared by the Administrator

appointed for the project.

9.2 Annual budget and plan of action

Not Applicable

9.3 Funding sources with break up

Not Applicable

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CHAPTER 10

SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND

EVALUATION

10.1 Key monitoring and evaluative indicators

Land value and Fair compensation

Time plan of the procedures of compensation, Rehabilitation and

Resettlement

Time bound and scientific clearance of construction waste from the site

10.2 Reporting mechanisms and monitoring roles

Reporting mechanisms and monitoring roles of the land acquisition from Vizhinjam

and Kottukal villages in NeyyattinkaraTaluk for Vizhinjam International Seaport

project will be as per the Rules stated in the Kerala Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015.

TheSpecial Tahsildar Additional L.A. unit, Thiruvananthapuram who is appointed as

the Administrator of the proposed project as per the procedure of the District Collector

No. K4-147314/18 dated 24.07.2020 and he is responsible for the formulation,

execution and monitoring of the Rehabilitation & Resettlement Scheme. A draft of the

Rehabilitation & Resettlement Scheme prepared by the Administrator shall be

finalized by the District Level Rehabilitation and Resettlement Committee formed for

the project and shall be approved by the State Monitoring Committee.

10.3 Plan for independent evaluation

Not Applicable

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CHAPTER 11

ANALYSIS OF COSTS AND BENEFITS

AND RECOMMENDATION ON ACQUISITION

11.1 Final conclusions on assessment of public purpose, less displacing

alternatives, minimum requirements of land, the nature and intensity of

social impacts, and viable mitigation measures will address costs

Vizhinjam International Seaport which has been developed at Vizhinjam in

Thiruvananthapuram district by the Government of Kerala through its special

purpose government company (SPV – Special Purpose Vehicle) Vizhinjam

International Seaport Ltd (VISL) will be a Multipurpose Greenfield Port. This port

developing atArabian Sea cost at Vizhinjamwill include a cargo port and a

passenger port. The port will have an in-port rapidtransit metro system that will

connect passengers within the passenger terminal of the port. As per historians,

Vizhinjam port, located at the extreme south-western tip of South Asia,served as

an important milestone throughout the history of the region. The location is

economically and geopolitically significant as a key point connecting the shipping

between South East Asia and the Middle East.Since the project is a dream project

of the country, it is expected that the project may cause the development of not

only the region but also for the country as a whole.

The present land acquisition is for the infrastructural development of the

Vizhinjam International Seaport Project. Considering the merits of the project, the

requiringbody is planned the land acquisition in such a way to cause minimum

impacts to the families. However it is understood that the project may cause

various impacts like displacement of families, loss of livelihood etc. The residence

of the 3 owners among the surveyed families is included in acquisition and this

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families have to be displaced from the region.The 3 resorts which functions in the

region since 1995 namely; Coconut Bay Beach Resort,Thapovan Heritage and

Seapark Beach Resort are included in acquisition. It is understood that these resort

owners are facing huge economic loss and emotional stress as the resorts which has

been functioning in full swing in the this area having attractive natural beauty and

notified by the CRZ in 1991 as Area of Outstanding Natural Beauty, is not

functioning since 4.5 years when the project construction activities begun. 16 of

the surveyed owners who is participated in the SIA, the affected land used for

agricultural purpose especially for cultivation of coconut, plantain and tapioca.

Out of these 16 families, 7 families shared that the agriculture in the affected land

is their means of livelihood. It is understood that the other families using the land

for agriculture will lose the income from the yield receives from this land.

All the families surveyed have a favorable attitude towards the land acquisition

since the project will realize the dream ofbringing the country to the forefront

worldwide. Whichrealize the country’s dream. Hence the impacts of the project

can be mitigated by providing compensation and R&R package as per the

RFCTLARR Act 2013 to the project affected families.

11.2 The above analysis will use the equity principle as a framework of

analysis for presenting a final recommendation on whether the acquisition

should go through or not.

Based on the analysis and assessment of the positive and negative impacts of the

land acquisition from Vizhinjam and Kottukal villages for Vizhinjam

International Seaport Project it is understood that even thoughthere are some

negative impacts to the affected families, the project is expected to cause the

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70 Land acquisition for the Vizhinjam International seaport project in Vizhinjam and Kottukal villages in

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development of not only the region but also for the country as a whole and the

same is empathized by the affected persons despite the adverse impact the project

brings. Hence the SIA Team recommends the project of Land Acquisition from

Vizhinjam and Kottukal villages in Neyyattinkara taluk in Thiruvananthapuram

district forVizhinjam International Seaport Project shall be implemented with the

existing land acquisition plans.

The following measures are recommended to mitigate the impacts:

Compensation shall be provided to the affected families as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act 2013 and Kerala Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

R&R package shall be provided for the affected properties as per the Policies

vide G.O.(Ms)No.485/2015/RD dated 23/09/2015and

G.O.(MS)No.448/2017/RD dated 29/12/2017 issued by Revenue(B)

Department, Government of Kerala for the rehabilitation and resettlement

package for acquisition of land in the state in lieu of RFCTLARR Act 2013.

The specialty of the location, the period of business loss due to the project and

the income had been received from the affected property shall be considered

while calculating the compensation for the Resort owners.

Timely Rehabilitation measures shall be taken for the displaced families

without affecting the stay of the families and ensure that they have given

residential facilities which are not below than the present living situation.

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Scientific disposal of the construction waste should be ensured before the

implementation of the project.

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REFERENCES

1. The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

2. Kerala Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Rules 2015.

3. Kerala State Policy issued by Revenue (B) department G.O.(MS)No.

485/2015/RD dated 23.09.2015 for fair compensation and transparency

4. Kerala State Policy for Rehabilitation and Resettlement Package for

acquisition of Land in the State in lieu of RCFTLAAR Act, 2013 G.O. (Ms)

No. 448/2017/RD dated 20/12/2017.

5. The related information received from Vizhinjam International Seaport

Limited, Thiruvananthapuram