Resettlement and Indigenous Peoples Plan July 2010 IND: North Eastern State Roads Investment Program Road AS37C: Kalitakuchi to Barpeta Prepared by Ministry of Development of North Eastern Region for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 16 July 2010) Currency unit Indian rupee (Rs) Rs1.00 = $0.0214546235 $1.00 = Rs46.610000 ABBREVIATIONS ADB Asian Development Bank AP affected person BSR Basic Schedule of Rates CSC Construction Management Consultant EA Executing Agency GRC Grievance Redressal Committee IA Implementing Agency LAA Land Acquisition Act, 1894 LVC Land Valuation Committee MDONER Ministry of Development of North Eastern Region NRRP National Rehabilitation and Resettlement Policy, 2007 PD Project Director PIU project implementation unit PMC Project Management Consultant PWD Public Works Department R&R resettlement and rehabilitation RF resettlement framework RP resettlement plan WEIGHTS AND MEASURES km kilometer m meter NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Table of Contents EXECUTIVE SUMMARY 1. Project Description... 7 2. Scope and Objectives of the RP... 8 3. Resettlement Impacts... 9 4. Socio-Economic Profile of the DPs... 20 5. Relocation and Compensation... 22 6. Issues related with Indigenous People... 24 7. Gender Issues in the Project... 25 8. Policy Framework... 29 9. Valuation of Affected Assets... 32 10. Entitlement Framework... 34 11. Consultation and Peoples Participation... 44 12. Institutional Arrangements... 47 13. Monitoring and Evaluation... 50 14. Cost Estimate... 52 Annexure Annexure 1: Proposed Typical Cross Section of Road Annexure 2: List of Villages along the Project Road Annexure 3: Attendance Sheet Community Consultations Annexure 4: Census and Socio-Economic Survey Questionnaire Annexure 5: List of Affected Properties - Land Acquisition Annexure 6: List of Affected Properties - Land and Structures Annexure 7: List of Affected Properties - Encroachers Annexure 8: List of Affected CPRs Annexure 9: Details of Community Consultations Annexure 10: ToR for Monitoring Expert / NGO
3 Project Description EXECUTIVE SUMMARY 1. The proposed North East State Roads Investment Program will assist the six states of the Region to develop their road network and establish reliable road connectivity to the national and sub regional road networks. The Project will also build the capacity of road sector institutions at state level and contribute to effective and efficient management of the road assets. The Project road section (AS37C) starts from Kalitakuchi, passes through 44 revenue villages in the Kamrup, Barpeta and Nalbari districts of Assam and ends at Barpeta town. It passes through plain and densely populated area along its entire stretch. The total length of project road is 58.8 km. It is an intermediate lane road with carriageway width varying from 5.0 to 5.5 m. Objectives of Resettlement Plan 2. The aim of this Full Resettlement Plan is to identify the various social impacts, mitigate all unavoidable negative social and resettlement specific impacts caused due to the up gradation of AS37C. Provision has been made to resettle the Displaced Persons and restore their livelihoods with special emphasis on the vulnerable persons. Resettlement Impacts 3. The average Right of Way (ROW) varies from 20 to 30 meters along the entire road stretch, though at some bottleneck points, the ROW is as low as 12 m. There is no ROW available in case of first 7 km of road section in Hajo revenue circle and some other small stretches in Paschim Barkherti and Uttar Barkhetri revenue circles. In these locations, the existing road is built on private land, the title of which still lies with original land owners for which they were not compensated earlier. The total area of such land is 11.62 Ha. In addition to that, a total of 6.89 ha of private land shall be required for widening. Thus, a total of 18.51 ha of private land will be acquired for the project. Further 1.06 Ha of Government land shall be transferred. The summary of additional land required for the project is presented in Table below. Land Acquisition Area (Ha) Private land already used for existing road 11.62 Acquisition of additional private land 6.89 Total Land Acquisition (Private Land) 18.51 Government Land Transfer 1.06 4. Census Surveys were carried out covering all the DPs. The different categories of DPs include: i) persons losing land only, ii) persons losing land and structure and iii) persons who are squatting or encroaching on the government land and whose structures will be affected. Table below summarizes the number of DPs and AHs.
4 Only Land Land and Structure Structure Encroachment Total Displaced Persons 4014 630 776 5420 Affected Households 991 135 178 1304 5. A total of 1304 AHs will be affected due to the project which corresponds to a total of 5420 DPs. Out of total AHs, 1126 are titleholders and 178 are encroachers. Total 630 titleholders are also losing built-up property either partially or completely. 6. Among the affected households, 60% are losing commercial property, 15% are losing residential property and 9% residential cum commercial property. 4% affected properties are agriculture plots. The other affected assets include 2250 trees; 4620 sq. m. of agricultural crops-mostly paddy field, 60 hand pumps and 6 water tanks. 7. Out of the total affected households, 61 are Scheduled Castes while another 45 HHs are vulnerable due to their BPL status. Thus a total of 106 affected households are reported as vulnerable. There is no impact on any Scheduled Tribe household. 8. A total of 41 Common Property Resources (CPRs) shall be impacted by the project; these include boundary walls of 22 CPRs such as Temples, Mosques and Schools and 7 small shrines that will have to be relocated. A total of 0.23 Ha community land will be affected due to the project. There are 14 dense markets which have been avoided in order to minimize the impact on dense built-up structures. Socioeconomic Profile 9. The average household size of affected households is 3.96. As per surveys, it is recorded that that 21.43 % of Displaced Persons are illiterate and 8.8 % DPs have received education up to primary level. Nearly 4.2 % DPs are Scheduled Caste and there is no Scheduled Tribe population among the DPs. 42.0% DPs are working with a majority of them (28.2%) engaged in various businesses. 23.3% DPs are engaged in Agriculture and 28.8% in service either private or government. 17.3% of the DPs have monthly income of less than Rs 2000 per month, while 36.0% have incomes between Rs. 2,000 to 4,000 per month. 36.3% of DPs have a monthly income of more than Rs. 4,000 per month. Issues related with Indigenous People 10. Tribal groups in the sub-project area freely interact and share their sources of water, folklore, food, infrastructure and other belongings with the mainstream population and outside community. No tribal household shall be affected due the sub-project. Hence, no separate Indigenous People Development Plan has been prepared for this Project road and the issues pertaining to them are addressed through specific measures in this Resettlement Plan. Gender Issues in the Project 11. Women in the region are largely involved in household work, collection of forest products, firewood collection, cultivation and other agricultural activities. They use the road for their routine household activities and economic activities such as agriculture and marketing etc. The consultations revealed that the status of women is not at par with their men counterparts. No women headed households will be affected as a result of the Project. Availability of all weather roads with safe connectivity and better transport services will benefit the women. The project is likely to bring about the overall development in the region
5 and improve the status of women. Policy Framework 12. The Policy Framework agreed between the ADB and State Government is the basis of entitlements and other rehabilitation measures proposed under the project. The broad resettlement principle for this project is complying with national legal frameworks and ADB's Safeguard Policy Statement 2009. Though the Land Acquisition Act of 1894 is being adopted for carrying out the Land Acquisition, the entitlement framework that has been adopted and approved by the Government of India and the respective States that are identified under this project will also be utilized. This Entitlement Framework has been provided in Section 10, Table 22 of this report. Community Consultations 13. The Displaced Persons were consulted to understand their concerns and suggestions on the types of mitigation measures that should be considered to address their concerns. It was found that the persons were generally enthusiastic towards the proposed project. They believe that project will provide better accessibility to education, health facilities, market places and other facilities available in nearby towns and lead to overall socio-economic development. Some persons raised the concern that a good quality road free of pot holes and with good drainage should be built. Persons also expressed their concern with respect to safety and requested that footpaths and crossings for pedestrians be provided. Institutional Arrangements 14. For resettlement activities, the Executing Agency i.e. MDONER will do the overall coordination, planning, implementation, and financing. The MDONER will create a Resettlement Cell to ensure timely and effective implementation of RPs. The MDONER will coordinate with State PWDs/PIUs for project level RP related activities. The Project Director at PIU will be responsible for overall implementation of R&R activities according to the Plan. The PIU will have a Resettlement Unit with at least one full-time Resettlement Officer for the duration of resettlement activities. A well-qualified NGO / or trained field staff from PWD in this field will be engaged to assist the PIU in the implementation of the RP. The Grievance Redressal Committee (GRC) will be constituted at PIU level in order to assist the DPs in resolving queries and complaints. The committee will comprise of Project Director, Resettlement Officer, representative from local NGOs, elected representative from zila parishad, representatives of Displaced Persons including vulnerable groups and women in the committee. The GRC will meet at least once in three weeks to resolve the pending grievances. Monitoring and Evaluation 15. Internal monitoring will be the responsibility of the PIUs/RU and NGO/ field staff. An independent expert/ngo will be engaged by MDONER at EA level for verification of the monitoring information collected by the PIU. The expert will cary out regular monitoring and evaluation, and report on a quarterly basis to the ADB. Cost Estimate 16. The R&R cost estimate for this Project road includes compensation for lost assets and resettlement assistance etc as per applicability of the policy. It also includes the contingency charges and the cost of hiring NGO and Training etc. The replacement cost is
6 determined in terms of the market rate. The total estimated LA and R&R cost of the project is Rs. 164,522,000 (Rupees Sixteen Crore Forty Five Lakh Twenty Two Thousand Only).
7 RESETTLEMENT PLAN 1. Project Description 1. The total geographical area of the North Eastern region is 262,179 Sq. Km. which is nearly 8% of the total area of the country and the population of the region is 39 million, which is approximately 3.8% of the national population. The region is rich in natural resources but remains one of the most economically backward regions in the country. The overall growth rate in the region has remained low over the past and it has been characterized by lack of infrastructure facilities and basic amenities. The per capita income in the region in the year 2001 was Rs 6,625 much below the national average of Rs. 10,254.00. More than 34.3% people in the region are living below poverty line (BPL), higher than the national average of 26.1%. 2. The proposed North East State Road Investment Program (NESRIP) is a part of MDONER s 1 initiative to bring the North Eastern Region of India into the mainstream of development. The Project will assist all the six States of the North Eastern Region to develop their road network and establish reliable road connectivity to the national and sub regional road networks and thus facilitate regional integration and trade flows. The Project will also build the capacity of road sector institutions at state level and contribute to effective and efficient management of the road assets. 3. The Project (AS37C) from Kalitakuchi to Barpeta in the State of Assam road was identified for a detailed study on a priority basis through a feasibility study covering about 2,500 kilometers of road sections including State Highways, MDR and other roads identified as priority sections for the entire NE States. These priority roads were selected using criteria like pavement conditions of the road sections, volume of traffic, need for connectivity and local strategic importance. Out of the prioritized road length about 1,200 kilometers of road sections were identified as socially representative of the entire road network. These were selected as the candidate road sections for detailed study in order to ensure maximum benefits to the poor by providing them access to markets, health facilities, education centers with reduced travel time and improved traffic safety. 4. This document deals with the Resettlement Plan for the above-said road section prepared as a part of Detailed Project Report (DPR) study in July 2008. The social impacts are significant, 2 thus, a Full Resettlement Plan (FRP) is prepared. The Resettlement Plan prepared earlier in July 2008 was subsequently updated in March 2010. The report in hand is further updated as per the comments received from ADB dated 8 April 2010. 1 Ministry of Development of North Eastern Region (MDONER) was set up in September 2001 to act as the nodal department of the Central Government to deal with matters pertaining to socio-economic development of the States of North East India. 2 The resettlement impact is considered significant if the number of displaced persons (DPs) is 200 or more. In case of impact on indigenous or vulnerable communities, the impact is significant if the number of DPs is 100 or more and 50 or more in case of impact on particularly vulnerable communities. (Source: ADB Handbook on Resettlement- A guide to good practice, 1998)
8 2. Scope and Objectives of the RP 5. The aim of this Resettlement Plan (RP) is to mitigate all unavoidable negative social and resettlement specific impacts caused due to the upgrade of AS37C and create provision to provide resettlement assistance to the displaced or Displaced Persons and restore their livelihoods. The plan has been prepared on the basis of survey findings and consultation with various stakeholders in compliance with ADB s policies on Safeguard Policy Statement (SPS), 2009 to protect the rights of displaced persons 3 and affected people. The issues / aspects identified and addressed in this RP are: Type and extent of loss of land and non-land assets, loss of livelihood or income opportunities and collective losses such as common property resources and social infrastructure; Impacts on Indigenous persons, vulnerable groups specifically women; Consultation with stakeholders and scope of peoples participation in the project; Existing legal and administrative framework; Entitlement matrix 4 with provisions for relocation assistance and restoration of businesses/income; Estimation of cost for implementation of R&R activities; and Institutional framework for mechanisms for implementation, monitoring and evaluation mechanism and grievance redressal. 6. In accordance with the proposed lane width and the requirement of horizontal construction width, the resettlement impacts have been ascertained and analyzed. 3 The displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (Source: ADB Safeguard Policy Statement, 2009). 4 This Entitlement Matrix has been developed on the basis of provisions spelled out in the RF and, accordingly, includes provision of compensation for all probable impacts and measures.
9 3. Resettlement Impacts 7. The Kalitakuchi to Barpeta has an intermediate lane road with carriageway width varying from 5.0 to 5.5 m. The road passes through 44 revenue villages distributed over 8 revenue circles of three districts. Table 1 shows the number of villages in each revenue circle and district. Table 1: Number of Villages along Project Road Sl. No. District Block / Circle Number of Villages 1 Kamrup Hajo 5 Puub Barkhetri 5 2 Nalbari Central Barkhetri 6 Uttar Barkhetri 3 Paschim Barkhetri 5 Sarthebari 3 3 Barpeta Chenga 7 Barpeta 10 Total 44 8. The average Right Of Way (ROW) varies from 20 to 30 meters along the entire road stretch, however, at some points, this ROW is as low as 12 m. There is no ROW available in case of first 7 km of road section under Hajo revenue circle and some other small road stretches in Paschim Barkherti and Uttar Barkhetri revenue circles. The revenue records reveal that even though the road is constructed, the ownership of land as per revenue records still rests with the original landowners. Table 2 shows average ROW availability as per the revenue records. Table 2: ROW Availability along the Road Sl. No. From (Km) To (Km) Block/Circle ROW Remarks 1 0 7.055 Hajo None Road on Private Land 2 7.055 9.14 Puub Barkhetri 20-30m ROW width variable 3 21.06 22.108 Uttar Barkhetri None Road on Private Land 4 22.108 25.6 Uttar Barkhetri 20-30m 5 25.6 27.92 Paschim Barkhetri None Road on Private Land 6 27.92 28.776 Paschim Barkhetri 20-30m Variable 7 28.776 29.6 Paschim Barkhetri 20-30m 8 29.6 30.79 Paschim Barkhetri 20-30m Only 12 m ROW at some locations 9 30.79 34.783 Sarthebari 20-30m 10 34.783 41.93 Chenga 20-30m
10 Sl. No. From (Km) To (Km) Block/Circle ROW Remarks 11 41.93 54.8 Barpeta 20-30m 9. The existing formation width varies from 10 to 12 meters at plain and high embankment road sections respectively. The proposal is to upgrade this road section to double-lane carriageway standards with a 7 m wide carriageway and 2.5 m shoulder on either side. The typical cross section for this road is given in Annexure 1. Additional earthworks will be required at the locations with high embankment. At some locations, where the embankment is particularly high and an additional 10-12 m land width will be required. The details of land width required at different locations with respect to the available ROW are presented in Land Acquisition Plan. Minimization of Resettlement Impacts 10. The following specific measures have been suggested to minimize adverse resettlement impacts due to up-gradation of this road section: Widening the road within ROW as far as possible subject to technical limitations; Concentric widening of the road that have minimum impact on built-up structures and risk to roadside communities; Protecting the residential, commercial, cultural properties and community structures by providing retaining walls etc; 11. The impact on structures has been avoided in dense built-up areas along the road. There are residential and commercial structures close to the road on either side. There are 14 such road sections as listed in Table 3 below. Mukalmua market is the longest stretch with a length of 700 m. The total length of all such built-up areas is 4.67 km. The road will be built within the available ROW and thus the need for land acquisition is avoided in these road sections. Table 3: Dense market areas along the road Sl. Market Name No. Chainage from Km. to Km. Total Length 1. Adabari Market 8100 to 8500 400 M. 2. Ghoga Market 11000 to 11200 200 M. 3. Meruatari Market 14900 to 15300 400 M. 4. Mukalmua Market 17000 to 17700 700 M. 5. Kaplabari Market 22500 to 22800 300 M. 6. Rampur Market 26400 to 26700 300 M. 7. Daulasal Market 30200 to 30600 400 M. 8. Gauremari Market 30900 to 31100 200 M. 9. Kukarpar Market 34480 to 34900 420 M. 10. Chenga Market 37550 to 37900 350 M. 11. Nagaon Market 44200 to 44400 200 M.
11 Sl. Market Name No. Chainage from Km. to Km. Total Length 12. Bhella Market 48100 to 48400 300 M. 13. Keutkochi Market 50500 to 50700 200 M. 14. Satrebardi & Bamunbaradi Market 53600 to 53900 300 M. Total 4.670 K. M. 12. Besides above discussed efforts, the minimization of land acquisition and adverse impacts on existing properties will be a continuous process during the subsequent phases of project implementation. Local persons and other stakeholders were consulted on various alignment options and local requirements including shifting of properties and their relocations etc. This process of consultation will be continued during the implementation stage. Land Acquisition 13. The Land Acquisition Act, 1894 of India empowers the government to acquire the land for public purpose. The land acquisition is carried out by the land revenue department located in the Tehsil Office and the District Collector office. The Land Revenue Office (LRO) is headed by the District Collector (DC) followed by the Tehsildar, Revenue Inspectors and Village revenue officers locally known as Mandals. The LRO initiates the process of land acquisition based on Land Acquisition Plan. The detailed identification of individual affected plots is carried out by the Mandals based on which the compensation amount is determined. 14. The available Right of Way is limited and not sufficient to accommodate the proposed road improvement works. In case of first 7 Km of the road in Hajo circle and at some other locations, the existing road was constructed on the private land without acquiring and payment of compensation. The land owners therefore, are opposed to any further acquisition unless compensation is paid for the land already taken. 15. The village revenue maps were collected all along the project road from the different Mandals of all the roadside villages. These village maps were joined together and compared with the proposed road widening and strengthening plan. Any additional requirement of land was thus determined by identifying the locations where the roadway requirement exceeds the available ROW. Table 4 shows the villages in which land acquisition will be required. Table 4: Revenue villages where land acquisition will be required Sl. No. Village/s From (km) To (km) Distric t Block / Circle Remarks 1 Kalitakuchi 0 1.156 2 Soniadi-I 1.156 3.174 3 Soniadi-IV 3.174 4.764 4 Borni 4.764 6.328 Kamru p Kamru p Kamru p Kamru p Hajo Hajo Hajo Hajo Road on Private Land Road on Private Land Road on Private Land Road on Private Land 5 Kismat Kuriha 6.328 7.055 Kamru Hajo Road on Private
12 Sl. No. Village/s From (km) To (km) Distric t Block / Circle Remarks p 6 Adabari 7.055 9.140 Nalbari Puub Barkhetri 7 Kandhbari 8 Chanda 12.42 3 18.65 4 14.97 2 Nalbari Central Barkhetri 19.4 Nalbari Central Barkhetri 9 Bortola No. 1 19.4 21.06 Nalbari Central Barkhetri 10 Bortola No. 4 21.06 22.10 8 Nalbari Uttar Barkhetri 11 Kaplawadi 22.10 8 24.5 Nalbari Uttar Barkhetri 12 Dam Dama Pather 24.5 25.6 Nalbari Uttar Barkhetri 13 Rampur 25.6 14 Mulaghatia 26.93 3 15 Bamunbori 27.92 26.93 3 Nalbari 27.92 Nalbari 28.77 6 Nalbari 16 Dausala No. 2 29.6 30.79 Nalbari 17 Kukarpara 18 Nagaon 32.90 0 43.50 9 19 Kaljahi 45.93 20 Bara 46.30 8 34.78 3 45.07 46.30 8 47.41 21 Bhella 47.41 50.19 Barpet a Barpet a Barpet a Barpet a Barpet a Paschim Barkhetri Paschim Barkhetri Paschim Barkhetri Paschim Barkhetri Sarthebari Barpeta Barpeta Barpeta Barpeta Land Road on Private Land Road on Private Land Road on Private Land Road on Private Land Only one plot of land affected Only one small plot affected 16. A total of 6.89 ha private land will be acquired excluding the private land under existing road. Another 1.06 ha of government land will be transferred. Table 5 presents the amount of land to be acquired beyond the existing road/row. The Table shows that maximum land acquisition will be required from the Soniadi-4 village followed by Kalitakuchi and Soniadi-1 whereas in case of Kukarpara and Bara villages the amount of land acquisition required is nominal. A detailed study has been carried out in order to determine the extent of land acquisition and reported in a separate Land Acquisition Plan (LAP). 17. The LAP presents an estimate of land required for the project. It determines the
different categories of land that will be affected due to the project. The extent of private land to be acquired and government land that needs to be transferred to PWD has been estimated and presented in LAP. 13
14 Table 5: Land Acquisition (excluding the private land under existing road) Sl. No. Village/s District Block / Circle Remarks Government Private Land Land 1 Kalitakuchi Kamrup Hajo 14,304.09 292.29 2 Soniadi-I Kamrup Hajo 14529.6 655.18 3 Soniadi-IV Kamrup Hajo 16182.79 359.54 4 Borni Kamrup Hajo 1999.98 946.59 5 Kismat Kuriha Kamrup Hajo 2165.67 292.75 6 Adabari Nalbari Puub Barkhetri 1156.89 1603.6 7 Kandhbari Nalbari Central Barkhetri 2570.28 25 8 Chanda Nalbari Central Barkhetri 1326.21 0 9 Bortola No. 1 Nalbari Central Barkhetri 208.95 0 10 Bortola No. 4 Nalbari Uttar Barkhetri 415.61 0 11 Kaplawadi Nalbari Uttar Barkhetri 2439.43 267.13 12 Dam Dama Pather Nalbari Uttar Barkhetri 909.19 756.78 13 Rampur Nalbari Paschim Barkhetri 1892.78 611.3 14 Mulaghatia Nalbari Paschim Barkhetri 1803.52 2547.68 15 Bamunbori Nalbari Paschim Barkhetri 1438.23 0 16 Dausala No. 2 Nalbari Paschim Barkhetri 1253.81 348.42 17 Kukarpara Barpeta Sarthebari 352.34 0 18 Nagaon Barpeta Barpeta 2299.97 246.44 19 Kaljahi Barpeta Barpeta 540.21 1070.35 20 Bara Barpeta Barpeta 12.68 0 21 Bhella Barpeta Barpeta 1133.69 546.12 Total 68,935.92 10,569.17 18. In the first five villages in Hajo circle, there is no ROW available. Even the existing road is built on the private land. Similar situation exists in four other villages in Uttar Barkhetri and Paschim Barkhetri circles. These villages are Bortola No. 4, Dandama Pathar, Rampur and Mulaghata. The ownership pattern in these villages has been confirmed with the revenue records and the details presented in Land Acquisition Plan. The community consultations were carried out along with the census and socioeconomic surveys and during all these public interactions, communities maintained that existing road is constructed on their land without paying compensation. They insisted that the compensation should be paid to them for the previous acquisition before acquiring additional land. 19. The estimation of land under utilization of PWD road, for which the legal title exists with the private individual land owners, is presented in Table 6 below. The Table shows that 11.6 Ha of land utilized for the existing road is under private ownership.
15 Table 6: Land Acquisition for the Private land under existing road Sl. No. Village Start Chainage (km) End Chainage (km) No. of Plots Private land already utilized for road to be compensated 1 Kalitakuchi 0.0 km 1.156 km 27 10,356.67 2 Soniadi 1 1.156 km 3.174 km 43 15,347.81 3 Soniadi 4 3.174 km 4.764 km 39 16,463.83 4 Borni 4.764 km 6.328 km 7 2,688.48 5 Kismatkuriha 6.328 km 7.055 km 16 11,169.42 6 Bortola 4 21.06 km 22.108 km 23 19,725.37 7 Dam Dama Pathar 24.50 km 25.60 km 15 8,458.90 8 Rampur 25.60 km 26.933 km 37 26,127.44 9 Mulaghata 26.933 km 27.92 km 10 5,825.21 Total Area 116,163.13 20. The total land requirement for the project, including the land required for widening and the private land utilized for the road, will be 18.51 ha. In addition to this, total 1.06 ha of government land will be transferred to PWD. The details of land acquisition and transfer of government land are presented in Land Acquisition Plan (LAP). Census Survey 21. The land plots are often divided and subdivided without updating the government records. The census survey was carried out all along the road and owners of all the affected plots were surveyed in order to determine the actual number of affected households. Apart from the land, the census survey covered other impacts including the impact on encroachers and squatters occupying the PWD land. All the other impacts like loss of additional assets or the loss of Community Property Resources were recorded in the Census Survey. 22. Apart from providing appropriate compensation to the titleholders, the project policy framework also covers the encroachers and squatters who will be compensated for loss of structure and livelihood with additional assistance to the vulnerable households. Thus, the different categories of DPs include (1) the persons affected due to only land acquisition, (2) The persons affected due to loss of land and structure and (3) DPs who are squatting or encroaching on the government land and whose structure will be affected. The vulnerable DPs will be entitled for additional assistance as per the entitlement matrix. The Vulnerable persons comprise: 1) DPs below poverty line (BPL); 2) DPs belong to SC and ST category; 3) women headed households (WHH); 4) elderly distressed persons; and 5) disabled persons. Special Claimants refers to persons with traditional or customary land rights, roadside residences/ Small Business Enterprise (SBE) owners with permits from local authority/government body to which they are paying annual tax for the same. The Census Survey Format is presented in Annexure 4. Displaced Persons
16 23. As discussed above the displaced persons here are classified into three categoriestitleholders losing land, titleholders losing their land and structure and encroachers or squatters losing structure. The total number of project affected households by category is given in Table 7. The number of households losing land is 1,126. Out of these the residual land of only 53 households is viable, i.e., greater than the average household size of the district. Table 7: Number of Households by type of Impact Nos. of Households by Impact Category Total Block Only Land Land and Built-up Encroachment Households Affected Property Affected Barpeta 16 6 70 92 Central Barkhetri 73 2 19 94 Chenga 3 0 31 34 Hajo 501 114 0 615 Paschim Barkhetri 161 9 4 174 Puub Barkhetri 14 3 6 23 Sarthebari 1 0 45 46 Uttar Barkhetri 222 1 3 226 Grand Total 991 135 178 1304 24. The table above shows that there is maximum impact in Hajo block. The entire road section in Hajo block is built on private land, the titles of which still rest with the individual landowners. Thus, effectively there is no ROW available. Similar situation exists in two village of Uttar Barkhetri and Paschim Barkhetri Blocks each. The social impacts are thus relatively higher in these two bocks as reflected in the table above. These three blocks contribute 88% of the total project impacts recorded. The number of DPs in each block by type of impact is given in Table 8. The Tables 7 & 8 shows that the number of DPs is 5420 and the number of households is 1,304. Table 8: Displaced Persons (DPs) by type of Impacts Block Only Land Affected Nos. of DPs by Impact Category Land and Built-up Property Affected Encroachment Total DPs Barpeta 77 25 308 410 Central Barkhetri 302 9 81 392 Chenga 5 0 123 128 Hajo 2065 536 0 2601 Paschim Barkhetri 555 38 23 616 Puub Barkhetri 67 18 21 106 Sarthebari 4 0 202 206 Uttar Barkhetri 939 4 18 961 Grand Total 4014 630 776 5420
17 25. As shown in the Land Acquisition Plan, the affected land owners will be losing only small strip of land along the road side only at the locations where the available ROW is not sufficient for carrying out the proposed road improvement and widening. The percentage of total land lost is depending on the total holding size. The land acquisition impacts on individual land owners are not significant, however, the severity of impacts is determined based on the percentage of land to be acquired with respect to total land holding size. 26. Nearly 28% of the landowners are losing less than 5% of their land. Another 43% are losing more than 5% but less than 15% of the total land. Nearly 14.5% land owners are losing more than 15% and less than 25% of their land. Only 14% of the land owners are losing more than 25% of their total land holding size, in which case the impact is considered as severe. Additional assistance is provided to the people losing more than 25% of their land holding size which is an additional 10% compensation for land acquisition for such land owners. The analysis shows that more out of total 1,126 cases of land 15% acquisition, the residual land of 783 owners is less than the average land holding size in the district 5. Additional assistance is provided to such land owners as per the entitlement matrix. 27. Out of the total 1,304 households affected, 783 are losing residential properties. This is 60% of the total affected properties. These include either impact on residential land or structure or both. Some of the residential structures are encroaching on PWD land. 28. A total of 178 affected households are non-titleholders squatting or encroaching on the PWD land. As per the polity framework, the encroachers and squatters will be compensated for the loss of built-up structure at replacement cost. The different type of private properties affected due to the project is given in Table 9. 14% 43% 28% Percentage of Land Acquired with respect of total land holding size of land owners <5% 5-15% 15-25% >25% 5 The average land holding size in the district is 1.17 Ha as per the Department of Agriculture, Government of Assam, 2007 data.
18 Table 9: Impact by type of private properties Block Residential Commercial Nos. of Properties Affected Resi cum Comm Agriculture Open Land Total Barpeta 59 21 11 0 1 92 Central Barkhetri 53 19 9 7 6 94 Chenga 12 12 9 0 1 34 Hajo 406 76 60 12 63 617 Paschim Barkhetri 132 14 6 4 17 173 Puub Barkhetri 5 14 4 0 0 23 Sarthebari 10 24 11 0 0 45 Uttar Barkhetri 106 13 4 25 78 226 Grand Total 783 193 114 48 166 1304 Loss of other assets 29. Some of the persons shall lose other assets in addition to the land and/or built-up properties mentioned above. These assets include crops, trees, hand pumps, etc. 30. Based on field investigations, it is estimated that there are nearly 2250 private owned trees that would need to be felled. However, 60 hand pumps will need to be shifted. In addition, a total of 6 water tanks will also be relocated. Table 10 below presents a summary of the impact on these assets. Table 10: Impact on Other Assets Sl. No. Asset Unit No of Units 1 Trees Number 2250 2 Crops Sq. M. 4620 3 Handpump Number 60 4 Water Tanks Number 6 31. A total of 48 households depending on agriculture land will be affected. The total area of agriculture field affected due to project will be 4620 sq. m. or 0.46 Ha. Rice and mustard are the predominantly grown crops and thus 0.46 Ha of agriculture crop is estimated to be affected due to the project. Common Property Resources 32. There are 41 CPRs affected due to the project. The project shall impact land, boundary wall or structures of common property resources such as Temples / Namghars, 6 Mosques and shrines or land belonging to the village panchayat, village community or government. Some of the impacted lands are grazing and barren land. The Temples / Namghars and Mosques will lose part of land adjoining the main structure. In most of the 6 Namghar is a Hindu place of worship where sacred book is placed in a sanctum. One platform with roof is provided adjoining the sanctum for public gathering and worship.
19 community properties, the land is owned by the village community. Some of the Temples/ Namghars and Mosques will also lose part of boundary wall. Table 11 shows 9 temples and 9 mosques will lose part of their land. Among these, the boundary wall will be affected for 6 Temples and 8 mosques as shown in Table 12. Panchayat land will be affected at 8 locations. Table 11: Impact on Common Property Resources- Land Sl. No. Type of CPR Plots of Land Area (Sq. m.) 1 Panchayat / Government 8 510 2 School 6 545 3 Temple 9 665 4 Mosque 9 495 5 Shrine 9 72 Total 41 2287 33. There are 9 shrines located close to the road and affected due to project. 7 of these shrines will be relocated whereas for the remaining two boundary wall will be affected. Shrines are small religious structure with idol located on platform or small sanctum. Table 12: Impact on Common Property Resources- Structure Sl. No. Type of CPR Boundary Wall Main Structure 1 Temple 6 0 2 Mosque 8 0 3 Shrine 2 7 4 School 6 0 5 Panchayat / Government 0 0 Total 22 7 34. The village panchayat will be compensated for the loss of community land where as the affected boundary wall will be compensated at replacement cost. Assistance will be provided for relocation of shrines on alternative community land in consultation with the village panchayat. The consultations were carried out with the village communities for the relocation of CPRs and they informed that the shifting of shrines will not be a problem. The details of community consultations are given in Section 12. The attendance sheet of community consultations are presented in Annexure 3. Vulnerability 35. There are 61 affected households reported as Scheduled Castes whereas another 45 households are identified as vulnerable due to their BPL status. None of the persons affected belongs to Scheduled Tribe. There were no other categories of vulnerable persons reported along the road. Thus a total of 106 affected households are reported as vulnerable and assistance will be provided to them as per the resettlement framework of the project.
20 4. Socioeconomic Profile of the DPs 36. The average household size of the displaced persons is 3.96 persons per household. The socio-economic surveys have revealed that nearly 78.5% displaced persons are educated. Table 13 below shows that 21.43 % HH are illiterate, nearly 31 % DPs have attained education up to graduation level. However, the percentage of persons attending vocational and technical training is almost negligible. Table 13: Education Profile of the DPs S. No. Level of education Percent 1 Illiterate 21.43% 2 Primary 8.83% 3 Secondary 38.34% 4 Graduate 30.72% 5 Technical 0.64% 6 Vocational 0.03% Total 100.00% 37. The socioeconomic surveys have revealed that nearly 43% people (out of the total surveyed population within the working age- between 15 to 60 years) are working as shown in Table 14. The people in non-working age, i.e., children or elderly, are excluded from the above analysis. The table shows that majority of population are non-working, which is 57% of total. Table 14: Working Status of DPs S. No. Working / Non Working Percent 1 Working 43.2% 2 Non Working 56.8% Total 100.0% 38. The occupation pattern among working DPs is shown in Table 15 below. It is shown that majority of population is dependent on agriculture or business/ trade for their livelihood. 23.35% DPs are farmers, 3.91% agriculture labours. 28.21 % DPs are dependent on business or trade for their livelihood. Table 15: Occupational Pattern of Working DPs S. No. Occupation Percent 1 Agriculture 23.35% 2 Agri. Labour 3.91% 3 Non Agri. Labour 12.65% 4 Business / Trade 28.21% 5 Govt. 14.74% Service 6 Private Service 14.13% 7 Servant 0.96%
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) S. No. Occupation Percent 8 Others 2.05% Total 100.00% 39. All three project impacted districts Barpeta (7.5%), Kamrup (9.9%), Nalbari (17.6%) have sparse tribal population. There are no ST persons affected due to the project. Nearly, 4.19% DPs are Scheduled Caste whereas 5.10 % are Other Backward Class as defined by the Government of India. The majority of DPs do not belong to any of the socially backward category as 90.7% of them are reported in general category. Table 16 shows the social stratification of DPs. Table 16: Social Stratification of DPs S. No. Social Stratification Percent 1 Scheduled Tribes 0.00% 2 Scheduled Caste 4.19% 3 Other Backward Class 5.10% 4 General 90.70% Total 100.00% 40. The majority of DPs have a monthly income of more than Rs 4,000 per month. The Table 17 shows that 36.32 % DPs have a monthly income above Rs 4,000 per month, and 19.63% have income between Rs 3,000 to Rs 4,000 per month. Nearly 17.36 % DPs are in low income group with monthly income of less than Rs 2000 per month. Table 17: Income Pattern of DPs (income per month) S. No. Income Catagory Percent DPs 1 Less than Rs 2000 17.36% 2 Rs 2000 to 3000 26.69% 3 Rs 3000 to 4000 19.63% 4 More than Rs 4000 36.32% Total 100.00%
22 5. Relocation and Compensation 41. A total of 313 households will be affected due to relocation of built-up properties. 135 are titleholders whereas 178 are non-titleholders encroaching or squatting on PWD land. The Table 18 shows that majority of structures are affected in Hajo block which has 114 affected households. It is followed by Barpeta where 76 households are affected. A majority of affected structures are commercial. The table shows that 139 households are affected due to loss of commercial structures whereas 110 households will be affected due to loss of residential structures. Table 18: Properties to be relocated- Total Resi. cum Commercial Block Comm. Residential Grand Total Barpeta 21 11 44 76 Central Barkhetri 11 4 7 22 Chenga 12 9 10 31 Hajo 52 25 37 114 Paschim Barkhetri 9 1 2 12 Puub Barkhetri 6 3 0 9 Sarthebari 24 11 10 45 Uttar Barkhetri 4 0 0 4 Total 139 64 110 313 42. Among the 135 titleholder households, 84 are losing commercial structures and 32 are losing residential structures. 19 households will lose residential-cum-commercial structures. Table 19 shows the number of titleholders to be relocated. Additional allowances will be paid to the titleholder affected households apart from replacement cost of the structures. There are no titleholders to be relocated in Chenga and Sarthebari blocks. Table 19: Properties to be relocated- Titleholders Row Labels Commercial Resi. cum Comm. Residential Grand Total Barpeta 5 0 1 6 Central Barkhetri 2 0 0 2 Hajo 65 18 31 114 Paschim Barkhetri 9 0 0 9 Puub Barkhetri 2 1 0 3 Uttar Barkhetri 1 0 0 1 Grand Total 84 19 32 135 43. Most of the affected structures will be shifted back by a few meters as community land is available in most of the places. In some locations, where the availability of community land is a constraint, the affected household will be relocated in nearest available community or government land. The preference given by the persons for relocation is given in Table 20 below. The table shows that nearly 70% persons have opted to be relocated within the same
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) village. Table 20: Relocation preference of the DPs Block Within Same Village Outside the village Barpeta 100.00% 0.00% Central Barkhetri 50.00% 50.00% Hajo 69.30% 30.70% Paschim Barkhetri 75.00% 25.00% Puub Barkhetri 33.33% 66.67% Grand Total 69.92% 30.08%
24 6. Issues related with Indigenous peoples 44. Broadly, the inhabitants of Assam can be divided into three categories, namely the tribal population, the non-tribal population and the scheduled castes. The Tribals consist of different ethno-cultural groups such as the Kacharis (Bodos), the Miris, the Deoris, the Rabhas, the Nagas, the Garos, the Khasis, etc. The non-tribal groups include Ahoms, Kayasthas, Kalitas, Morans, Muttaks and Chutias, etc. The scheduled castes includes Basfors, Baniyas, Dhobis, Hiras, Kaibartas and Namasudras, etc. The immigration was mostly from Bengal, Bangladesh, Bihar, Uttar Pradesh, Nepal and Rajasthan. Another group was known as Baganias who were brought from Bengal, Bihar, Orissa, and Madhya Pradesh by the British tea planters during the British period for employment. Some of the early settlers of Assam were of Aryan and Dravidian stock. The original inhabitants were known as the Kiratas of divergent tribal groups as mentioned in the Mahabharata. The fusion of divergent cultures of the Aryans, the Dravidians, the Austrics and the Mongoloid races has taken shape into a composite culture. 45. According to census of India, 2001 the total tribal population of Assam is 3308570. This consists of 12.4% of the total population of the State. The sex ratio among tribal population is 972 as compared to the composite sex ratio of 935 in the State. 46. Tribal groups in the sub-project area freely interact with the mainstream population and outside community. Moreover, these groups have nuclear households and are open to new ideas like family planning and formal education. Therefore, the socio-economic impacts due to sub-project will not be different for these persons when compared with mainstream population. In addition, no tribal household is being directly affected due the sub-project. Hence, no separate Indigenous Peoples Plan (IPP) has been prepared for this sub-project.
25 7. Gender Issues in the Project 47. As indicated earlier, no households headed by women will be affected as a result of the project. Women in the region are largely involved in household work, collection of forest products, firewood collection, cultivation and other agricultural activities. They use the road for their routine household activities and economic activities such as agriculture and marketing etc. Availability of all weather roads with safe connectivity with better transport services will benefit the women in the area. Their mobility will be augmented both in terms of access to social services, higher levels of schooling and better health facility etc. Consultations were carried out with women in five different places and were attended by a total of 35 participants Findings are presented in Table 21 below: Table 21: Consultations with Women on Gender Issues Sl. No. Location / Participants Discussions 1 Adabari Village, 7 Participants 2 Loharkatha village, 8 participants Gender Issues: 1. Women have very little say in the decision making process 2. Women are not aware of RCH (Reproductive Child Health), Domestic Violence Act, Right to Information (RTI) etc 3. Very few women are involved in economic activities. So they need to depend on their male counterparts to fulfill the basic requirements Suggestions: 1. While assessing the loss of properties women should also be given an opportunity to express their views 2. Women of the affected households should be given information regarding the amount of compensation to be given out and date, time and venue being fixed for giving compensation Facilities: 1. Fish market should be upgraded 2. Urinal (public) should be constructed near the bus stop or market place or 8x1 bridges near market Gender Issues: 1. Women are of the view that they belong to a traditionalist pattern of society where male dominates the decision making process 2. Women are not aware of RCH (Reproductive Child Health), Domestic
26 Sl. No. Location / Participants Discussions 3 Doloitola Village, 6 Participants Violence Act, RTI etc. 3. Women are not economically empowered. But they play the major role in the care economy 4. Polygamy is one of the major hindrances to the economic development Suggestion: 1. During assessment of the loss of assets, husband and wife both should be given equal opportunity to express their concerns 2. After the road widening, the community will have access to better health services. But women are not aware of the health related schemes of the government, so if awareness programmes are organised women will be able to take advantage of the changing scenario 3. While designing rehabilitation plan for Displaced Persons/households, efforts should be made such that women get some benefit out of the rehabilitation package Gender Issues: 1. Since it is a male dominated society women are not supposed to take up income generating activities. As a result they are not economically independent and they do not have any say in the decision making process 2. Women are not aware of RCH (Reproductive Child Health), Domestic Violence Act, Right to Information (RTI) etc. 3. Polygamy is still prevalent in their society. It is one of the major hindrances to the economic development Suggestions: 1. If there is any provision for capacity building of the Displaced Persons / households both male and female should get equal opportunity 2. In case of impact on livelihood women will suffer more as they need to manage everything at home though they are not
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) Sl. No. Location / Participants Discussions 4 Ghoga 1 & 2 village, 7 participants 5 Saniadi Village, 6 Participants involved in any economic activities. So wife and husband should have equal share of the compensation Gender Issues: 1. Women are of the view that they belong to a traditionalist pattern of society where male dominates the decision making process 2. Women are not aware of RCH (Reproductive Child Health), Domestic Violence Act, Right to Information (RTI) etc. 3. Women are not economically empowered. But they play the major role in the care economy 4. Polygamy is one of the major hindrances to the economic development Suggestions: 1. During assessment of the loss of assets, husband and wife both should be given equal opportunity to express their concerns. 2. After the road is widened the community will have access to better health services. But women are not aware of the health related schemes of the government, so if awareness programmes are organised women will be able to take advantage of the changing scenario 3. While designing rehabilitation plan for Displaced Persons/households efforts should be made such that women get some benefit out of the rehabilitation package Gender Issues: 1. Women do not have any say in the decision making process 2. Women are not aware of RCH (Reproductive Child Health), Domestic Violence Act, Right to Information (RTI) etc. 3. Very few women are involved in economic activities. So they need to depend on their male counterparts to fulfill the basic requirements 4. Women labourers get lesser wages than
28 Sl. No. Location / Participants Discussions their male counterparts 5. Representation of women in Panchayati Raj Institutions is less than 15% 6. Polygamy is one of the major hindrances to the economic development Suggestions: 1. While designing Resettlement and Rehabilitation Plan issues and concerns raised by women should be given due importance 2. During assessment of losses of assets women should also be consulted 3. Women labours should be given an opportunity to work during construction of the proposed road and there should not be any discrimination between male and female regarding wages
29 8. Policy Framework 48. The Policy Framework discussed here has been agreed between the ADB and the respective state government. This is in compliance with the national policies of India and the ADB policies. In India, compensation for land acquisition (LA) for displaced persons is governed by the Land Acquisition Act (1894), which has been amended from time to time. The State Government of Assam does not have any policy on Resettlement and Rehabilitation. 49. Under the Land Acquisition Act of 1894, compensation is paid only to the legal titleholders and does not provide any compensation package to the non title holders like encroachers and squatters etc. However, the National Rehabilitation and Resettlement Policy (NRRP), 2007, has been adopted by the GOI to address development-induced resettlement. The Policy essentially addresses the need to provide succor to the asset less rural poor, support the rehabilitation efforts of the resource poor sections, namely, small and marginal farmers, SCs/ STs and women who have been displaced. 50. The NRRP (2007) has broad guidelines and executive instructions for guidance of all concerned, is applicable to Projects displacing 500 families or more enmasse in plain areas and 250 families enmasse in hilly areas, Desert Development Program (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. It is expected that the appropriate Government and Administrator for R&R shall implement this Policy in letter and spirit in order to ensure that the benefits envisaged under the Policy reaches the DPs, especially resource poor sections including SCs/ STs. The main objectives of the Policy are: To minimize displacement and to identify non-displacing or least-displacing alternatives; To plan the resettlement and rehabilitation of affected household, including special needs of tribals and vulnerable sections; To provide better standard of living to DPs; and To facilitate harmonious relationship between the Requiring Body and DPs through mutual cooperation. 51. For acquisition of strips of land for railway lines, highways, transmission lines and pipelines, only an ex-gratia payment of Rs 10,000 per family is to be paid under NRRP. This policy does not recognize squatters and encroachers and there is no provision of transitional allowances etc. 52. However, despite these provisions, the policy does not define that the compensation of lost assets must be on the basis of replacement cost. In addition, the policy does not recognize the non-titleholders such as squatters and encroachers for resettlement assistance. 53. The ADB s SPS (2009), on the other hand, recognize and address the R&R impacts of all the Displaced Persons irrespective of their titles and require for the preparation of RP in every instance where resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the projects. The ADB policy requirements are:
30 avoid or minimize impacts where possible; consultation with the Displaced Persons in project planning and implementation; payments of compensation for acquired assets at the replacement value; resettlement assistance to Displaced Persons, including non-titled persons; and Special attention to vulnerable people/groups. 54. The broad resettlement principle for this project is complying with national legal frameworks and ADB's SPS (2009). This will be the basis for paying "assistance" on top of the compensation payments as required by the 1894 Land Acquisition Act. This policy shall be the following: The negative impact on persons affected by the Project would be avoided or minimized as much as possible; Where the negative impacts are unavoidable, the persons displaced by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living; Information related to the preparation and implementation of resettlement plan will be disclosed to all stakeholders and people s participation will be ensured in planning and implementation; Land acquisition for the project would be done as per the Land Acquisition Act, 1894. The Act specifies payment of adequate compensation for the properties to be acquired. Additional support would be extended for meeting the replacement value of the property. The Displaced Persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document; Selection of alternative alignment with least resettlement impacts; Before taking possession of the acquired lands and properties, compensation and R&R assistance will be paid in accordance with the provision described in this document; An entitlement matrix for different categories of persons affected by the project has been prepared. Provisions will be kept in the budget for those who were not present at the time of enumeration. However, persons moving in the project area after the cut-off date (the date of notification under LAA-1894 for titleholders and the date of census survey for non-titleholders such as encroachers & squatters) will not be entitled to any assistance; Appropriate grievance redressal mechanism will be established at the PIU level to ensure speedy resolution of disputes; All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups, if any; Consultations with the DPs will continue during the implementation of resettlement and rehabilitation works. 55. In accordance with the resettlement and rehabilitation (R&R) measures suggested for the Project, all affected households and persons will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership, rights on lost assets and scope of the impacts including socioeconomic vulnerability of the displaced persons. The displaced persons will be entitled to the following five types of
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) compensation and assistance packages: I. Compensation for the loss of land, crops/ trees at their replacement value; II. III. IV. Compensation for structures (residential/ commercial) and other immovable assets at their replacement value; Assistance in lieu of the loss of business/ wage income; Assistance for shifting and provision for the relocation site, and V. Rebuilding and/ or restoration of community resources/facilities.
32 9. Valuation of Affected Assets 56. The valuation of affected land and structures was governed by the following process: 57. Land surveys for determining the payment of compensation would be conducted on the basis of updated official records and ground facts. The land records containing information like legal title, and classification of land was updated expeditiously for ensuring adequate cost compensation to the entitled displaced persons. Records as they are on the cut-off date were taken into consideration while determining the current use of land. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of Land Acquisition Act. The owner of such land/property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the district. 58. For land acquisition the District Collector (DC) decides the compensation for acquired land as per the legal provisions. If the compensation amount is less than the market / replacement value of the land, the competent authority will award the compensation and the difference between the award rate and market/replacement rate will be paid by the EA as grant. The project authority will determine the possible replacement cost of land and assets to be acquired on the market rate through an independent valuer preferably hired from land and revenue department. This difference between the award money and the market/ replacement rate will be determined by an independent Land Valuation Committee before RP implementation, i.e., during verification and update of database. 59. The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (BSR) as on date without depreciation. While considering the BSR rate, project implementing agency will ensure that it uses the latest BSR for the residential and commercial structures in the urban and rural areas of the region. Compensation for properties belonging to the community or common places of worship, will be provided to enable construction of the same at new places through the local selfgoverning bodies in accordance with the modalities determined by such bodies to ensure correct use of the amount of compensation. 60. Compensation for trees is based on their market value. Loss of timber bearing trees will be compensated at their replacement cost and compensation for the loss of crops, fruit bearing trees is based on the prevailing market rates. The compensation will be paid before taking possession of the land/ properties. 61. In order to ensure that the rates reflect current replacement costs, the Land Valuation Committee will verify and approve the estimates wherever felt necessary. The methodology for verifying the replacement cost for each type of loss will include, but not be limited to, the following: 1. For land Appraisal of recent sales and transfer of title deeds, informal sale and purchase of land among persons in the project area, registration certificates for land in urban and rural areas of the district and consultation with local panchayats and DPs; Determination of whether the rates established for the project are sufficient or not
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) to purchase the same quality and quantity of land based on compilation of appraised rates; 2. For crops and trees Survey of market prices in the district and adjacent districts for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price; All compensation should be equivalent or higher than the prevalent market prices and The income loss will be calculated as annual produce value for one season to 3 seasons depending on the nature of crops/trees. 3. For structures 62. To evaluate the compensation for structures to find out whether the amount will enable DPs to rebuild or replace their affected structures. This is to be done by consulting land owners on the following: From where they use to buy materials Type of shops (private or state-owned) Distance to be traveled Sources (local or foreign) and the cost of various materials Who will built the structures (owner or contractor) and whether they will use the hired labor or their own labor; Obtaining cost estimates by meeting at least three contractors/suppliers in order to identify cost of materials and labor Identifying the cost of different types of houses of different categories and compare the same with district level prices. 63. Even after payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that DPs can take away the materials so salvaged within 48 hours of their demolition; otherwise, the same will be disposed by the project authority without giving any further notice. 64. DPs receiving compensation for trees will be allowed to take away timber of their acquired trees for their domestic use. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department. DPs will be provided with an advance notice of three months prior to relocation. Further, all compensation and assistance will be paid to DPs at least 3 months prior to displacement or dispossession of assets.
34 10. Entitlement Framework 65. ADB s Safeguard Policy Statement (2009) specifies that compensation should be paid for the lost assets on the basis of current replacement cost and resettlement assistance for lost income and livelihoods should be provided to both title holders and non-title holders. 66. In this project compensation for both land and non-land assets will be provided to all titleholder families being affected. Compensation for non-land assets/structures will be paid to all squatters and only encroachers who belong to vulnerable group and any special claimant category. The Vulnerable Group comprises of 1) DPs below poverty line (BPL); 2) DPs belong to SC and ST category; 3) women headed households (WHH); 4) elderly distressed persons; and 5) disabled persons. Special Claimants refers to people with traditional or custmary land rights, roadside residences/ SBE owners with permits from local authority/government body to which they are paying annual tax for the same. As a long term settlers and in contrast to roadside squatters and informal dwellers they are recognized as equivalent to titleholders. 67. An Entitlement Matrix has been developed, which recognizes and lists various types of losses resulting out of the project and provides the basic tools and guidelines for preparation of compensation and resettlement packages. (Refer Table 22) Table 22: Entitlement Matrix Type of Loss Unit of Entitlement Entitlement Details A. LOSS OF LAND & ASSETS 1 Loss of Agricultural land and assets a) Titleholder b) Sharecroppers c) Special Claimants d) DPs with traditional/custom ary rights Compensation at Market/ Replacement cost a) Land acquisition for the Project will be as per Land Acquisition Act 1894. b) If the compensation determined by the Competent Authority is less than the market price / replacement value, then the difference is to be paid by the EA as assistance. c) DPs will be explained the process and their views will be taken into consideration while determining the market/replacement value. d) If the residual plot(s) is (are) not viable, i.e., less than average land holding of the district, there are three options to be given to the DP: The DP remains on the plot, and the compensation and assistance paid to the
Resettlement Plan Type of Loss Unit of Entitlement Entitlement Details Package AS-CW1 Kalitakuchi to Barpeta (AS37C) 2 Loss of nonagricultural land (i.e.- homestead and a) Titleholder/ Owner (Residential) b) Special Claimants c) DPs with Compensation at Market/ Replacement tune of required amount of land to be acquired. Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the project authority provided residual land is quantified less than average land holding of the districts. The project authority will acquire the residual plot and pay the compensation for it also. If DP is from vulnerable group, compensation for the entire land for land will be provided for acquired land, if DP wishes so, provided that the land of equal or more productive value is available. e) Transitional allowance of Rs. 2000 per month for 9 months if the residual land is not viable or for 3 months when the residual land is viable f) In case of severance due to the acquisition of agricultural land, an additional grant of 10% of the amount will be paid for land acquisition. g) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the project authority. a) Compensation for the loss of residential land will be paid at market/replacement value. b) If replacement cost is more
36 Type of Loss Unit of Entitlement Entitlement Details residential structures) 3 Loss of nonagricultural land (i.e.- loss of Commercial land and structures) traditional/ customary rights a) Titleholder/ Owner (Commercial) b) Special Claimants c) DPs with traditional/ customary rights cost than the compensation determined by the Competent Authority, then difference is to be paid by the project authority in the form of assistance. c) DP will be provided replacement cost of the residential structure (part or full), which will be calculated as per the prevailing basic schedule of rates (BSR) without depreciation, subject to relevant quality standards of BSR as maintained by Govt/Local Bodies. d) Transitional assistance of Rs. 2000 per month in the form of grant to cover a maximum nine months rental accommodation. e) A lump sum shifting allowance of Rs. 2,500 to the affected households. f) Right to salvage material from demolished structure and frontage etc. g) Project assisted relocation option will be provided to those whose residential structures becomes nonlivable as a result of project impacts and a relocation site will be developed in consultation with these affected households. Compensation at Market/ Replacement cost a) Compensation for the loss of land will be paid at the market/replacement value. b) If replacement cost is more than the compensation determined by the Competent Authority, then difference is to be paid by the project authority in the form of assistance. c) DP will be provided replacement cost of the commercial structure (part or full), which will be
Resettlement Plan Type of Loss Unit of Entitlement Entitlement Details Package AS-CW1 Kalitakuchi to Barpeta (AS37C) 4. Loss of access to agricultural land a) Sharecroppers b) DPs with traditional/custom ary rights c) Leaseholders/ HH with short term and long term permits/land passes Compensation for loss of perennial and non perennial crops and trees and livelihood support calculated as per the prevailing basic schedule of rates (BSR) without depreciation, subject to relevant quality standards of BSR as maintained by Govt./Local Bodies. d) Transitional assistance of Rs. 2000 per month in the form of grant for a period of 6 months depending on the extent of impact. e) A lump sum shifting allowance of Rs. 2,500 to the affected households. f) Right to salvage material from demolished structure and frontage etc. g) Training would be provided for upgradation of skills @ Rs. 2500 per family. h) Project assisted relocation option/ relocation site will be provided to those whose commercial structure can no longer be used as a commercial enterprise as a result of the Project. a) For non-perennial crops, advance notice to DPs to harvest their crops. In case of standing crops, cash compensation at current market value of mature crops for loss of standing agricultural crops only. Grant equal to market value of crop lost plus cost of replacement of seeds for the next season s harvest towards loss of crops before harvest due to forced relocation. b) Compensation for perennial crops and trees calculated as annual produce value for one season times 1 to 3, depending on the nature of crops/trees. c) Training will be provided to all those losing primary
38 Type of Loss Unit of Entitlement Entitlement Details source of income. The training will cover both vocational as well as micro enterprise development aspects. The duration of training will be 10 days spread over a month. The cost of training will include transport as well as course material. The training will be organized in the local Panchayat headquarter / village council to minimize cost on travel. d) Additionally, seed capital of Rs 5000/- will also be made available to these households linked to productive assets. 5 Loss of Residential Tenancy 6 Loss of Commercial Tenancy Residential tenants Assistance a) The amount of deposit or advance payment paid by the tenant to the landlord or the remaining amount at the time of expropriation. (This will be deducted from the payment to the landlord). b) A sum equal to 3 months rental in consideration of the disruption caused. c) Compensation for any structure that tenant has erected on the property. (This will be deducted from the payment to the landlord). d) Shifting allowance of Rs. 2500 lump sum for shifting. Commercial Tenants Assistance a) The amount of deposit or advance payment paid by the tenant to the landlord or the remaining amount at the time of expropriation. (This will be deducted from the payment to the landlord). b) A sum equal to 3 months rental in consideration of the disruption caused. c) Compensation for any structure the tenant has
Resettlement Plan Type of Loss Unit of Entitlement Entitlement Details Package AS-CW1 Kalitakuchi to Barpeta (AS37C) B. LOSS OF LIVELIHOOD erected on the property. (This will be deducted from the payment to the landlord). d) Shifting allowance of Rs.2500 lump sum for shifting. e) Transitional assistance of Rs 2000/- per month for 3 months will be paid to all commercial tenants. 7 Loss of wage earnings (agriculture and other employees of commercial units) 8 Nonperennial crops 9 Perennial crops such as fruit trees Individual Assistance a) This is valid for persons indirectly affected due to their employer being displaced. Assistance is to be paid on a case by case basis, as per the prevailing local wage rates for three months. b) Alternative Economic Rehabilitation support and training for up-gradation of skill. c) Employment opportunity for DPs in the road construction work Household Household Notice to harvest standing crops Compensation at market value e) Advance notice to DPs to harvest their crops; f) In case of standing crops, cash compensation at current market value of mature crops for loss of standing agricultural crops only. g) Grant equal to market value of crop lost plus cost of replacement of seeds for the next season s harvest towards loss of crops before harvest due to forced relocation.. Compensation for perennial crops and trees calculated as annual produce value for one season times 1 to 3, depending on the nature of crops/trees.
40 Type of Loss Unit of Entitlement Entitlement Details 10 Livelihood losses for agriculture and commercial title holders, SBEs, tenants Titleholders, Tenants & Special Claimants Training Assistance & Seed Capital for setting up Micro Enterprise a) Training will be provided to all those losing primary source of income. The training will cover both vocational as well as micro enterprise development aspects. The duration of training will be 10 days spread over a month. The cost of training will include transport as well as course material. The training will be organized in the local Panchayat headquarter to minimize cost on travel. b) Additionally, seed capital of Rs 5000/- will also be made available to these households linked to productive assets. C. LOSSES of NON-TITLEHOLDERS 11 Loss of land and structures by encroachers Household Will receive no compensation for land but compensation for structures to the vulnerable group a) Encroachers will be notified and given a time in which they will be required to remove their assets and harvest their crops. b) To be assisted on case to case basis by considering relevant facts on family income and existing assets only in the case of persons being members of the vulnerable group. c) Compensation for structures at replacement cost to the vulnerable person. d) Training would be provided for upgradation of skills @ Rs. 2500/ - per family to the DPs belonging to vulnerable groups and losing their commercial activities. e) Right to salvage materials from the demolished
Resettlement Plan Type of Loss Unit of Entitlement Entitlement Details Package AS-CW1 Kalitakuchi to Barpeta (AS37C) 12 Loss of structures to Squatters/ Informal settlers Household Will receive no compensation for land but assistance for lost non-land assets structure. a) Compensation for the loss of structure at replacement cost. b) A lump sum shifting allowance of Rs. 2,500 to the affected households. c) Transitional allowance of Rs. 2000 for a period of 3 to a maximum of 9 months depending on the extent of impact d) Training would be provided for up gradation of skills @ Rs. 2500/ - per family to the DPs belonging to vulnerable groups and losing their commercial activities. e) Additionally, seed capital of Rs 5000/- will also be made available to only vulnerable squatter households linked to productive assets. f) Right to salvage materials from the demolished structure. 13 Loss suffered by shifting Business Mobile Vendors Household Not eligible for compensation or assistance Only ambulatory vendors that have been granted license for operating from fixed locations will be considered as kiosks. 14 Kiosks Household Assistance for business disruption The Assistance will be paid as a flat sum of Rs.3000 D. ADDITIONAL SUPPORT TO VULNERABLE GROUP 15 Loss of Primary source of income by vulnerable titleholders and Vulnerable household category (BPL, WHH, SC, ST, Physically Handicapped) Additional assistance for training or equivalent a) A special one-time assistance to vulnerable households @Rs.2000. b) As an alternative to economic rehabilitation support, the equivalent amount may be paid in cash.
42 Type of Loss Unit of Entitlement Entitlement Details squatters households E. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES 16 Common Property Resources Community Compensatory replacement Cash compensation or reconstruction of the community structure in consultation with the community. F. ANY OTHER IMPACT 17 Temporary impact during construction include disruption of normal traffic, increased noise levels, and damage to adjacent parcel of land / assets due to movement of heavy machinery Community / Individual Compensation a) The contractor shall bear the cost of any impact on structure or land due to movement of machinery during construction b) All temporary use of lands outside proposed RoW to be through written approval of the landowner and contractor. c) Location of Construction camps by contractors in consultation with PWD. 18 Any other impact not yet identified, whether loss of asset or livelihood Individual Household/ Community Compensation/ Assistance Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework.
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C)
44 11. Consultation and Peoples Participation 68. All relevant aspects of project planning and development were discussed with both primary and secondary stakeholders including directly Displaced Persons, executing agency, implementing agency and various other local administrative agencies and departments etc. Consultations were held with directly affected population to understand their concerns and elicit their suggestions on the types of mitigation measures that need to be considered. Four (4) focused group discussion were conducted along the subproject road sections during census survey. 69. In the subproject road section, the consultations were conducted at various locations along the project corridor. The location, date and participants involved in various community consultations are given in Table 23 below. Table 23: Community Consultations S. No. Location (Location and Date) 1 1B, PWD, Adabari Village In Nalbari District Date: 25/6/2008 2 Loharkatha village In Nalbari district Date: 26/06/2008 3 Village: Ghoga 1 & 2, District: Nalbari, Date : 22/06/2008 4 Village: 73 no. Doloitola L.P. School, District: Nalbari Date: 24/06/2008 5 Bishnupur (Bara) Village, District: Barpeta 27/06/2008 6 Mukalmua Town, District: Nalbari 28/06/2008 7 Borbila, Batikuria & Kaljar village, District: Barpeta 27/06/2008 8 Village: Saniyadi District: Kamrup Date : 26/06/2008 9 Village: Niz Chenga District: Barpeta Date : 27/06/2008 10 Village: Bhella District: Barpeta Date : 27/06/2008 11 Village: Borni, Kismatkuriya District: Kamrup Date : 25/06/2008 12 Village: Kandabari, Meruatari District: Nalbari Date : 26/06/2008 Participants Shopkeepers and common villagers- A total of 15 participants Village community and shopkeepers, 20 participants Village community, 16 participants 29 participants from the village community 19 participants from the village community 19 participants from the village community 20 participants from the village community Village community, 25 participants including 20 males and 5 females Village community, 16 participants Village community, 30 participants Village community, 38 participants Village community, 22 participants
Resettlement Plan S. No. Location (Location and Date) 13 Village: Keotkuchi, Mukhari District: Barpeta Date : 27/06/2008 14 Village: Adhiyarpara District: Kamrup Date : 25/06/2008 15 Village: Kalitakuchi District: Kamrup Date : 24/06/2008 16 Village: Badaoniakhiya District: Kamrup Date : 24/06/2008 Participants Package AS-CW1 Kalitakuchi to Barpeta (AS37C) Village community, 19 participants Village community, 29 participants Village community and shopkeepers, 20 participants Village community and shopkeepers, 15 participants 70. Communities were enthusiastic towards the project and believed that it will bring social and economic development in the region. There is scarcity of schools hospitals banks etc within the villages which is affecting overall social and economic development. People believed that the development of road will improve access to schools, banks, hospitals and other social infrastructure. They anticipated better accessibility to workplace due to the project. Agriculture is the main economic activity in the project area. The farmers believe the road will improve their accessibility with the nearby market places by reducing the travel time. They anticipate better income as the cost of travel will be reduced. They also expected better road safety after widening and strengthening of the road. People were concerned about impact on Temples and Mosques. They suggested that the Temples and Mosques be protected as far as possible. However they informed that the shifting of small shrines will not be problem. Persons were particularly concerned about the road safety issues and expressed the need of proper signage, speed breakers and pedestrian crossings to minimize the risk of accidents. They even demanded facilities like bus stops, public toilets etc. 71. Some people expressed dissatisfaction that they were not paid compensations for the land taken from them earlier. At many places the people informed that the existing road is constructed on their land without paying any compensation. They claimed that, as per the revenue records, the legal title of land still rests with them. People wanted that the payment of compensation and other rehabilitation measures be completed before the start of construction work. 72. During the consultations in Hajo circle, people complained that the road was earlier built on private land and no compensation was paid. They insisted that the compensation should be paid to them for the land taken earlier before acquiring land for further widening. They demanded that the compensation should be paid at the present market rate. 73. There is no documentary evidence of any kind of agreement between land owners and PWD. It was realized after discussions with the PWD and the local community that people allowed the road construction without compensation, citing the benefits of the road and they started demanding compensation at a much later stage after construction of road. This change in land ownership / utilization was not updated in the land records which show these lands under private ownership. The details of all the community consultations are given in Annexure 9. The attendance sheets of consultations are included in Annexure 3.
46 74. Further, the consultations and discussions with the project affected persons will be a continuing activity throughout the implementation of the project and PIU will be assisted by adequate field staff from PWD. The field staff involved in the implementation activities will keep the affected persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. 75. The updated resettlement plan and the entitlement matrix shall be translated into the local language and will be disclosed to affected persons. These documents will also be made available at offices of MDONER, PIU and ADB website.
47 12. Institutional Arrangements 76. For resettlement planning and successful implementation of RP there will be a set of institutions involve at various levels and stages of the project as listed below. Ministry of Development of North Eastern Region (MDONER) State Public Works Departments (PWD) Field staff deputed from PWD to PIU Grievance Redressal Committee (GRC) Land Valuation Committee (LVC), only if during detailed design land acquisition needs are identified. 77. For resettlement activities, the EA, i.e., MDONER will do the overall coordination, planning, implementation, and financing. The MDONER will create a Resettlement Cell by hiring a consultant or appointing a resettlement specialist and required support staff for the duration of the Project to ensure timely and effective implementation of RPs. The MDONER will coordinate with State PWDs/PIUs for project level RP related activities. 78. The institutional framework and the roles and responsibilities of various institutions to be involved in the R&R activities of the project and implementation of RP are described below. Project Implementation Unit (PIU) 79. Project Implementation Units (PIUs) will be established at state level headed by a Project Director (PD). The Project Director will be responsible for overall responsibility of implementation of R&R activities according to the Plan including responsibilities for land acquisition and R&R activities in the field; ensure availability of budget for R&R activities; liaison with district administration for support for land acquisition and implementation of R&R. 80. The PIU will have a Resettlement Unit (RU) with at least one full-time Resettlement Officer (RO) for the duration of resettlement activities, with an academic background in social sciences, and relevant skills and experience in resettlement issues. The PIU will maintain all databases and work closely with DPs and other stakeholders. Based on regularly updated data, a central database will also be maintained by RU. 81. The RO will undergo an orientation and training in resettlement management at the beginning of the project. A two days training and orientation workshop will be conducted during the initial stages of RP implementation. The consultant / firm with experience on R&R implementation will be engaged in organizing the workshop. The training activities will focus on issues concerning - (i) principles and procedures of land acquisition; (ii) public consultation and participation; (iii) entitlements and compensation disbursement mechanisms; (iv) Grievance redressal and (v) monitoring of resettlement operation. The RO will work closely with the District Collector to expedite the payments of compensation for land acquisition and assistance to DPs.
48 Field Staff in PIU a. Nongovernment Organization (NGO)/ field staff 82. Safeguard Policy Statement 2009 has sensitive issues and strong experience in R&R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R&R of the DPs. To overcome this deficiency, experienced and well-qualified NGO / or trained field staff from PWD in this field will be engaged to assist the PIU in the implementation of the RP. 83. The NGO/field staff would play the role of a facilitator and will work as a link between the PIU and the affected community. Further they will educate the DPs on the need to implement the Project, on aspects relating to LA and R&R measures and ensure proper utilization of various compensations extended to the DPs under the R&R entitlement package. b. Land Valuation Committee 84. A Land Valuation Committee (LVC) will be established headed by a senior officer from the land revenue department at state/district level and include representatives from department of agriculture, forest, horticulture, representatives from the Zilla Parishad, local panchayats of Displaced Persons, independent valuer engaged by EA, local NGO representatives and RO/representative from the PIU. This committee will not operate for full time and will be functional at the time of finalization of RP budgets and during land acquisition. 85. The LVC will be responsible for finalizing the values of the affected assets taking into account the prevalent replacement value on the basis of land market survey, undertaken by the independent valuer appointed by the EA. The prices for land and other assets established and approved by the LVC will be used for compensation for the project. These rates will be reviewed and updated on an annual basis during the course of project implementation. c. Grievance Redressal Committee (GRC) 86. The RP will have a mechanism to ensure that the benefits are effectively transferred to the beneficiaries and will ensure proper disclosure and public consultation with the affected population. However, need also exists for an efficient grievance redressal mechanism that will assist the DPs in resolving queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The GRCs are expected to resolve the grievances of the eligible persons within a stipulated time. The decision of the GRCs is binding, unless vacated by court of law. 87. The GRC will be constituted at PIU level only comprising Project Director, Resettlement Officer, representative from local level NGOs, elected representative from zila parihsad, representatives of Displaced Persons including vulnerable groups and women in the committee. The GRC will be a voluntary body and will continue to function, for the benefit of the DPs, during the entire life of the project including the defects liability periods. 88. The response time prescribed for the GRCs is three weeks. Since the entire resettlement component of the project has to be completed before the construction starts for the whole project, the GRC will meet at least once in three weeks to resolve the pending grievances. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, and other
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) assistance. The agencies responsible for resettlement planning and implementation are presented in Table 24. Table 24: Agencies Responsible for Resettlement Implementation Activity Agency Responsible Establishment of Resettlement Units in PIU and appointment of Resettlement officer (RO) and field staff Organizing resettlement training workshop Social Assessment and Preparation of land acquisition plan, Resettlement Plan (RP) and Indigenous People development Plan (IPDP) as required Public consultation and disclosure of RP Co-ordination with district administration for land acquisition Constitution of land valuation committee and grievance redress committee Review and obtaining of approval of resettlement and land acquisition plans Submission of land acquisition proposals to District Commissioner Compensation award and payment of compensation Payment of grants Taking possession of acquired land and structures Handing over the acquired land to contractors for construction Notify the date of commencement of construction to DPs Assistance in relocation, particularly for vulnerable groups Internal monitoring of overall RP Implementation Verification of internal monitoring Data and preparation of monitoring report PIU PIU PIU through (Design and project management Consultant) DPMC PIU/DPMC PIU PIU PIU PIU District Commissioner PIU PIU PIU PIU PIU/Implementing NGO PIU/NGO MDONER 89. The period for implementation of RP has been taken from July 2010 to September 2011. Typical RP related activities that require to be performed shall include: planning,
50 surveying, assessing, policy development, institution identification, DPs participation, income restoration and implementation besides monitoring that shall be carried concurrently and will continue beyond the period of RP implementation and culminate with a post-implementation evaluation. However, the sequence may change or delays may occur due to circumstances beyond the control of the Project. Therefore, the Implementation Schedule provided in Table 25 can be adjusted accordingly. Project Activities / Establishment of PIU and GRC Appointment of NGOs Verification of DPs list by NGO Review and approval of RP Information Campaign & community Consultation Payment of compensation to DPs Payment of eligible assistance and to DPs and income restoration Handover of site and commencement of civil works Monitoring by PIU and verification by Expert / NGO Table 25: Implementation Schedule Year / Month 2010 2011 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 13. Monitoring and Evaluation 90. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continue as originally planned. It is essential to devise a system that helps to identify problems in a timely manner and enables resolution of these problems. Internal monitoring is a mechanism that is essential and need to be carried out in parallel project implementation and at different stages respectively. Monitoring particularly assumes significance when linear project such as proposed widening cross administrative jurisdictions and thereby involve different stakeholders with varied capacities. Internal monitoring focuses on the quantitative issue such as quantum of land acquisition, payment of compensation, delivery of applicable of
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) R&R entitlements. 91. Under this project, internal monitoring will be the responsibility of the PIUs/RU and NGO/ field staff. The internal monitoring PIU/RU will include: (i) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual DP database maintenance, and progress reports; (ii) socioeconomic monitoring: case studies, using baseline information for comparing DP socioeconomic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and (iii) impact evaluation monitoring: Income standards restored/improved, and socioeconomic conditions of the Displaced Persons. Monitoring and evaluation reports documenting progress on resettlement implementation and RP completion reports will be provided by the RU to MDONER for review and approval from ADB. 92. An independent Expert/NGO will be engaged by MDONER at the EA level for verification of the monitoring information collected by the PIU. The expert/ngo will monitor and verify RP implementation to determine whether resettlement goals have been achieved, livelihood and living standards have been restored, and provide recommendations for improvement. Monitoring will also ensure recording of DP s views on resettlement issues such as; DP s understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redressal procedures; and staff competency. The Expert / NGO will report its findings simultaneously to the EA and to ADB on a quarterly basis. The ToR for Expert / NGO is included in Annexure 10. 93. An indicative set of monitoring indicators that shall help to track progress is given in Table 26 below: Table 26: Monitoring Indicators (Internal) Parameters Physical Financial Social Indicators Extent of land acquired vs. required Number of structures acquired Number of agriculture and commercial land owners and structure owners who have been paid compensation Number of households affected Number of eligible persons allotted land vs. total Displaced Persons Number of residential and non-residential plots of land allotted Number of pattas issued Number of households provided with shifting allowance, training, rehabilitation allowance for construction of residence, work sheds, etc. Amount of compensation paid for structure, land, plantation and crops Establishment cost for R&R cell Staff salaries Amount paid to the contracted Monitoring agency Area and type of house and resettlement en-bloc as stipulated in the policy Number of times the grievances and district level committees Number of appeals placed before grievance redressal cell Number of appeal referred
52 Number of meetings held with the affected villages Number of visits by Displaced Persons for redressal of grievances Number of cases that have been referred to courts 94. The agency, with previous experience in resettlement activities and familiarity with Government and ADB policies, will be engaged with ADB concurrence within three months of the loan effectiveness. The agency will monitor and verify RP implementation to determine whether resettlement goals have been achieved, livelihood and living standards have been restored, and provide recommendations for improvement. The external monitoring will undertake monthly monitoring and impact evaluation on a sample basis during mid-term and Project completion. Monitoring will also ensure recording of DP s views on resettlement issues such as; DP s understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redress procedures; and staff competencies. The agency will also evaluate the performance of the RU and NGOs. The agency will report its findings simultaneously to the EA and to ADB twice a year. 95. Table 27 below provides an indicative set of monitoring indicators that shall help to evaluate effectiveness of implementation. Table 27: Indicators for Outcomes and Impacts Satisfaction of land owners with the compensation and assistance paid Type of use of compensation and assistance by land owners Satisfaction of structure owner with compensation and assistance Type of use of compensation and assistance by structure owner % of DPs imparted education and provided project employment or otherwise % of DPs with better income than before % of DPs provided with alternatives lands for sites Types of grievances received No. of grievances forwarded to GRC and time taken to solve the grievances % of DPs aware about the GRC mechanism DPs opinion about NGO approach and accessibility Household income of vulnerable group % of Displaced Persons satisfied with resettlement site facilities. 14. Cost Estimate 96. The R&R cost estimate for this sub-project includes compensation for lost assets and resettlement assistance etc as per applicability of the policy. The cost of project management, institutional arrangement, administrative expenses, and monitoring and evaluation agency etc is included in the overall project management cost. The costs are based on field-level information and past experience in resettlement management and will need to be updated following the detailed design. To cover up such updated cost estimates additional provision has been made with 8% contingency. 97. The total estimated LA and R&R cost of the project is Rs. 164,522,000 (Rupees Sixteen Crore Forty Five Lakh Twenty Two Thousand Only). The R&R Budget estimated for the project road is presented in Table 28. Table 28: Budget for Resettlement and Rehabilitation S.No. A Land Acquisition Item Unit Rate (in INR) Quantity Cost (in INR)
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) a b Acquisition for Widening 1 Circle Rate* 93.44 per 68936 sq 6,441,380 sq m m 2 Solatium (30%) 1,932,414 3 Additional on Land Value (12%) 772,966 4 Contingency (5 %) 322,069 Sub Total 9,468,828 5 Interest (9%) over subtotal 852,195 Total 10,321,023 Acquisition for land already utilized for road 1 Circle Rate* 93.44 per 116163 10,854,271 sq m sq m 2 Solatium (30%) 3,256,281 3 Additional on Land Value (12%) 1,302,512 4 Contingency (5 %) 542,714 Sub Total 15,955,778 5 Interest (9%) over subtotal 1,436,020 Total 17,391,798 Total Land Acquisition 27,712,821 B Transfer of Government Land Government Land Transfer * 20000 per Ha 1.0569 Ha 21,138 C Structures 1 Permanent (3 structure) 4300 1124 sq 4,833,200 m 2 Semi-Permanent (128) 2150 22900 sq 49,235,000 m 3 Temporary (182) 750 114630 34,389,000 sq m Total for Structures 88,457,200 D Other Assets 1 Trees 2000 2250 4,500,000 2 Crops Rs 6.0 4620 sq 27,720 per sq m m 3 Annual Produce from fruit trees for 3 seasons a Betel Nut 200 x 3 800 480,000 b Coconut 1000 x 3 400 1,200,000 4 Hand pumps 10000 60 600,000 5 Water Tanks 5000 6 30,000 Total for Other Assets 6,837,720 E Assistance 1 Additional 10% for severance* due to land acquisition 2 Transitional Allowance to Non-Viable Residual Land 3 Transitional Allowance to Viable Residual Land 4 Transitional Allowance to HH losing Residential and Resi-cum-commercial - - 387,979 2000 for 9 months 2000 for 3 Months 2000 for 9 Months 1073 19,314,000 53 318,000 174 3,132,000
54 Structure 5 Transitional Allowance to HH losing 2000 for 139 1,668,000 Commercial Structure 6 Months 6 Shifting Assistance (residential / commercial- 2500 313 782,500 owners /tenants) 7 Training for Skill Upgradation for loss of 2500 203 507,500 Commercial Structures &resi cum commercial 8 Rental assistance to Residential Tenants 3500 for 1 10,500 3 months 9 Rental assistance to Commercial Tenants 5000 for 82 1,230,000 3 months 10 Transitional Assistance to Commercial 2000 for 82 492,000 Tenants 11 Indirectly affected- Employee of affected person 12 Training for Commercial Titleholders / Non titleholders losing livelihood (Commercial and Commercial cum residential structures) 13 Additional Seed Capital for Commercial Titleholders losing livelihood 14 Economic Rehabilitation Grant (commercial and vulnerable) 15 Special one-time assistance to vulnerable 3 months Minimum Wage Rate Rs 95.25 for 3 Months 118 1,011,555 2500 203 507,500 5000 203 1,015,000 2500 24 60,000 2000 106 212,000 affected households 16 Assistance for shifting of Kiosks 3000 16 48,000 Total Assistance 30,696,534 F Community Property Resources* 1 Land Panchayat Rs 52.32 552,970 per sq m 10569 School Rs 52.32 117,040 per sq m 2237 Hospital Rs 52.32 17,370 per sq m 332 Temple Rs 52.32 27,363 per sq m 523 Mosque Rs 52.32 51,274 per sq m 980 Shrine Rs 52.32 5,964 per sq m 114 2 Structures Boundary Wall 1200 per 480,000 m 400 Shrine Structure 30000 per 210,000 shrine 7 Total CPR 1,461,982 G Implementation Arrangements NGO for implementation Lumpsu 1,000,000 m Training workshop Lumpsu 200,000 m Expert / NGO for Monitoring Lumpsu 300,000
Resettlement Plan Package AS-CW1 Kalitakuchi to Barpeta (AS37C) m Total Implementation Arrangements 1,500,000 H Sub Total 156,687,39 5 Contingency (5%) including cost for NGO 7,834,370 I Grand Total 164,521,76 5 Rounde d to 164,522,00 0 (Rupees Sixteen Crore Forty Five Lakh Twenty Two Thousand Only) *Notes: 1. Bigha is local unit of area measurement where 1 Bigha is equivalent to 1337.8 sq. m. 2. The average value of private land taken as Rs 125000 per Bigha based on the average circle rates for different revenue circles. 3. Rate for community / trust land taken as Rs 70,000 per Bigha of land. 4. Interest rate of 9% per annum taken for 1 year for calculating the compensation for land acquisition. 5. Land Acquisition impact considered severe if the owner is losing more than 25% of total land holding. 6. The fee for transfer of government land is determined based on the previous experience of such land transfer. 7. The costing for structures is based on the Basic Schedule of Rates (BSR) for buildings, PWD for 2004-2005. 8. The rates of other assets such as trees, crops, hand pumps and water tanks is based on market rates determined through market survey. 9. Average cost for relocation of shrines taken as Rs 30000 per shrine. 10. Average land holding size of 1.17 Ha has been considered as per the Department of Agriculture, Government of Assam, 2007. 11. Minimum daily wage rate of Rs 95.25 as per Assam Secretariat, Labour and Employment Department, Assam, 2009.
Annexure 1: Proposed Typical Cross Section of Road
Annexure 1: Proposed Typical Cross Section of Road
Annexure 2: Attendance Sheet Community Consultations
Annexure 2: List of Villages along the Project Road Sl. No. From (Km) To (Km) District Block / Circle Village/s Remarks 1 0 1.156 Kamrup Hajo Kalitakuchi Road on Private Land 2 1.156 3.174 Kamrup Hajo Soniadi-I Road on Private Land 3 3.174 4.764 Kamrup Hajo Soniadi-IV Road on Private Land 4 4.764 6.328 Kamrup Hajo Borni Road on Private Land 5 6.328 7.055 Kamrup Hajo Kismat Kuriha Road on Private Land 6 7.055 9.140 Nalbari Puub Barkhetri Adabari Land Acquisition 7 9.140 10.137 Nalbari Puub Barkhetri Lohar Katha 8 10.137 10.366 Nalbari Puub Barkhetri Ghoga No. 2 9 10.366 11.439 Nalbari Puub Barkhetri Ghoga No. 1 10 11.439 12.423 Nalbari Puub Barkhetri Bodomi Akhia 11 12.423 14.972 Nalbari Central Barkhetri Kandhbari Land Acquisition 12 14.972 15.3 Nalbari Central Barkhetri Meruattari 13 15.3 16.5 Nalbari Central Barkhetri Sapkata 14 16.5 18.654 Nalbari Central Barkhetri Mukalmua 15 18.654 19.4 Nalbari Central Barkhetri Chanda Land Acquisition 16 19.4 21.06 Nalbari Central Barkhetri Bortola No. 1 Land Acquisition 17 21.06 22.108 Nalbari Uttar Barkhetri Bortola No. 4 Road on Private Land 18 22.108 24.5 Nalbari Uttar Barkhetri Kaplawadi Land Acquisition 19 24.5 25.6 Nalbari Uttar Barkhetri Dam Dama Pather Land Acquisition 20 25.6 26.933 Nalbari Paschim Barkhetri Rampur Road on Private Land 21 26.933 27.92 Nalbari Paschim Barkhetri Mulaghatia Road on Private Land 22 27.92 28.776 Nalbari Paschim Barkhetri Bamunbori Land Acquisition 23 28.776 29.6 Nalbari Paschim Barkhetri Daulasal No. 1 24 29.6 30.79 Nalbari Paschim Barkhetri Dausala No. 2 Land Acquisition 25 30.790 31.430 Barpeta Sarthebari Goremari 26 31.430 32.900 Barpeta Sarthebari Mazdia 27 32.900 34.783 Barpeta Sarthebari Kukarpara Land Acquisition 28 34.783 35.625 Barpeta Chenga Khongra 29 35.625 37.600 Barpeta Chenga Musalmangaon 30 37.600 39.150 Barpeta Chenga Niz Chenga 31 39.150 41.200 Barpeta Chenga Kadamtola 32 39.150 41.200 Barpeta Chenga Saru Chenga 33 41.200 41.750 Barpeta Chenga Bhatgaon 34 41.750 41.930 Barpeta Chenga Matabori 35 41.930 42.965 Barpeta Barpeta Bamun Kuchi 36 42.965 43.509 Barpeta Barpeta Damrabuwa 37 43.509 45.07 Barpeta Barpeta Nagaon Land Acquisition 38 45.07 45.93 Barpeta Barpeta Bati Kuriha 39 45.93 46.308 Barpeta Barpeta Kaljahi Land Acquisition 40 46.308 47.41 Barpeta Barpeta Bara 41 47.41 50.19 Barpeta Barpeta Bhella 42 50.19 51.485 Barpeta Barpeta Kewat Kuchi 43 51.485 53.47 Barpeta Barpeta Bamun Baradi 44 53.47 54.8 Barpeta Barpeta Satra Baradi Annexure 2 - List of Villages along the Project Road Sheet 1 of 1
Annexure 3: Socioeconomic Survey Questionnaire
Annexure 3: Attendance Sheet Community Consultations A. Women Group Community Consultations Annexure 3 - Attendance Sheet Community Consultation Page 1 of 21
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B. AS37C Kalitakuchi to Barpeta Community Consultations Annexure 3 - Attendance Sheet Community Consultation Page 4 of 21
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C. Focused Group Discussion Annexure 3 - Attendance Sheet Community Consultation Page 15 of 21
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