Resettlement Plan. BAN: Khulna Water Supply Project. Document Stage: Draft for Consultation Project Number: February 2011

Transcription

1 Khulna Water Supply Project (RRP BAN 42171) Resettlement Plan Document Stage: Draft for Consultation Project Number: February 2011 BAN: Khulna Water Supply Project Prepared by Khulna Water Supply and Sewerage Authority For the Government of Bangladesh The 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.

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3 ABBREVIATIONS ADB Asian Development Bank ADC Assistant Deputy Commissioner ARIPO Acquisition and Requisition of Immovable Property Ordinance BIWTA Bangladesh Inland Water Transport Authority BPL below poverty line DOE Department of Environment DPHE Department of Public Health Engineering DSC Design and Supervision Consultants EDP economically displaced person EMP Environmental Management Plan FGD Focus Group Discussion GRC Grievance Redress Committee GRM Grievance Redress Mechanism JICA Japan International Cooperation Agency KCC Khulna City Corporation KWASA Khulna Water Supply and Sewerage Authority MOL Ministry of Land NGO nongovernmental organization OHT overhead tank PMU Project Management Unit ROW right of way SPS Safeguard Policy Statement SWTP surface water treatment plant

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5 TABLE OF CONTENTS EXECUTIVE SUMMARY I. PROJECT DESCRIPTION 1 A. Background 1 B. Project Components 2 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 A. JICA Components 7 B. ADB Components 10 C. Temporary Impacts 10 III. SOCIOECONOMIC INFORMATION AND PROFILE 12 A. Socioeconomic Profile JICA Components 14 B. Socioeconomic Profile ADB Components 20 C. Socioeconomic Profile of Temporary Impacted Businesses 21 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 23 A. Public Consultation 23 B. Information Disclosure 26 C. Continued Consultation and Participation 26 V. GRIEVANCE REDRESS MECHANISM 26 VI. POLICY AND LEGAL FRAMEWORK 28 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 29 A. Eligibility 29 B. Entitlements 29 C. Determination of Compensation 35 VIII. INCOME RESTORATION AND REHABILITATION 36 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 37 X. INSTITUTIONAL ARRANGEMENTS 42 A. Project Management Unit (PMU) 42 XI. IMPLEMENTATION SCHEDULE 44 XII. MONITORING AND REPORTING 46 A. External Monitoring 46 APPENDIXES 1. Comparison between the Government, ADB, and JICA Land Acquisition and Resettlement Policies 2. Detailed Measurement Survey Guidelines 3. Sample Identify (ID) Card for Entitled Persons 4. Land Details for Proposed Water Intake Point 5. Land Details Proposed for Surface Water Treatment Plant and Impounding Reservoir 6. Land Details of Proposed Overhead Tank (OHT) and Underground Reservoirs 7. Occurrence of Businesses Subject to Temporary Impacts along Piped Networks

6 8. Future Consultation and Disclosure Roles and Responsibilities 9. Detailed Resettlement Costs 10. Sample Monitoring Indicators 11. Tree Information

7 EXECUTIVE SUMMARY 1. Khulna, the third largest city in Bangladesh, is located in the southwest area of the country and has a population of 1.5 million (2008). To cope with current insufficient water supply and increasing demand, the Khulna Water Supply and Sewerage Authority (KWASA) plans to improve the existing water supply system with assistance from the Japan International Cooperation Agency (JICA) and Asian Development Bank (ADB). The Khulna Water Supply Project (the Project) will be co-financed by JICA and ADB and is being formulated as a project loan with key investments to be implemented over a 5-year period (2011 to 2016). The Project envisages a major improvement to the public water supply system and aims to improve the quality of life for all residents and businesses in Khulna. 2. This document is a draft Resettlement Plan prepared to address involuntary resettlement impacts resulting from the Project. It is based on a feasibility level study, preliminary engineering design, and sample census survey of displaced persons conducted by JICA and ADB project teams. The Resettlement Plan will be updated during the detailed design stage with a full detailed measurement survey. The Resettlement Plan is prepared in accordance with the Government of Bangladesh s (the Government) Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO, 1982), JICA s Guidelines for Environmental and Social Considerations (2002), and ADB s Safeguard Policy Statement (SPS, 2009). 1 The draft Resettlement Plan represents a single, uniform document agreed upon by all three parties to ensure compliance with their respective rules and policies. ADB and JICA safeguard policies share similar policy principles, and gaps with the Government policy are identified and filled in this Resettlement Plan (Appendix 1). The Resettlement Plan will be administered by KWASA as a single implementation process without distinguishing funding sources. 3. Project Description. The Project proposes a surface water supply system sourced from the Mollarhat intake point on the bank of Modhumati River in Bagherhat District, approximately 33 km from Khulna City Corporation (KCC). The raw water from the Modhumati river will be stored into an impounding reservoir and transmitted to a surface water treatment plant at Samonto Sena with the purified water to be distributed to consumers through a system of smaller storage reservoirs, overhead tanks, and piped distribution networks. 4. Physical infrastructure to be developed by the project includes the following: (i) (ii) JICA components. (a) water intake facility; (b) raw water transmission mains; (c) impounding reservoir; and (d) surface water treatment plant (SWTP). ADB components. (a) distribution pipe network; (b) distribution reservoirs; (c) overhead tanks; (d) clear water transmission pipes; and 1 ADB s safeguard requirements apply to all ADB-financed and/or ADB-administered sovereign and non-sovereign projects, and their components regardless of the source of financing.

8 ii (e) KWASA office buildings. 5. Categorization. The overall project is classified as Category B in accordance with JICA s Guidelines for Confirmation of Environmental and Social Considerations (April 2002), and Category A in accordance with ADB's Safeguard Policy Statement (2009), as more than 200 persons will lose 10% or more of their productive assets (income generating). 2 JICA does not have a similar threshold as ADB for defining significant impacts for categorizing social safeguards. 6. Summary of Resettlement Impacts. A total of acres of private land will be acquired under the Project (both JICA and ADB combined). Properties to be acquired are primarily agricultural lands or lowland fishing ponds with associated assets (e.g., fish pens, etc.) to support such activities. Government lands are largely vacant and unused. The resettlement impacts are therefore limited to economic displacement in the form of loss of land, assets, income sources, and means of livelihoods as a result of involuntary acquisition of land. No residential structures are located on any lands and no physical displacement from housing will occur. A review of revenue records for all lands to be acquired under the project identified a total of 110 households with legal title to be affected comprising an estimated 490 economically displaced persons (EDPs). 3 A total of 15 non-titled households were identified during field visits comprising an estimated 69 EDPs. 4 A total of 89 households (398 EDPs) are expected to experience major impacts (defined as those losing greater than 10% or more of their productive, income generating assets). The estimated numbers of EDPs is based on the average household size derived from the sample survey. Temporary impacts will also occur during linear pipe laying works, which are also addressed in the Resettlement Plan. The exact number of economically displaced persons will be confirmed and finalized with a full detailed measurement survey carried out after the official Government notification. Guidelines for conducting a detailed measurement survey are in Appendix 2. Table 2 in the Resettlement Plan summarizes the land acquisition and resettlement impacts under the project. 7. Entitlements. The entitlement matrix (Table 15) outlines the types of measures (e.g., compensation at replacement value, assistance, etc.) required to mitigate the resettlement impacts in line with the Government, JICA, and ADB policies. The method for determining unit rates and replacement values for land and assets are detailed in the Resettlement Plan. Where land compensation will be through a direct negotiated settlement, the Government will engage an independent external party to document the negotiation and settlement processes to ensure adequate and fair pricing of land and/or other assets. Special provisions exist for vulnerable 2 According to ADB s Operational Manual Section F1/OP (20 January 2010), the involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The JICA safeguard policy does not have a similar threshold for defining significant impacts for categorizing social safeguards. 3 The total number of landowner households affected by the project is based on actual data obtained from revenue records collected. Of these 110 households, a sample census survey was conducted (40% sample size). The estimated numbers of EDPs is based on the average household size derived from the sample survey. The following data from the sample survey were scaled up to arrive at overall estimated project impacts: (i) average household size (to estimate the total numbers of EDPs); (ii) monthly incomes (to estimate the number of households below poverty line); (iii) extent of impacts including total loss of land and percent loss of productive land holdings (to estimate the number of households with major impacts which is defined as greater than 10% loss); and (iv) vulnerability (to identify vulnerable households, including women-headed households and households below the poverty line). 4 Non-titled holders comprise agricultural tenants, workers, and one leaseholder of land.

9 iii displaced persons to ensure their lives are improved under the project. 5 Compensation eligibility is limited by a cut-off date (census survey for non-titled holders and official government notification for titled holders). Identity cards would be distributed to entitled households (Appendix 3). Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation but will be given sufficient advance notice (60 days), and requested to vacate premises and dismantle affected structures prior to project implementation. Therefore, all displaced persons who are identified in the project-impacted areas on the cut-off date will be entitled to compensation for their affected assets, and income rehabilitation measures (as outlined in the entitlement matrix). The total cost for land acquisition and resettlement for the Project is USD5.926 million (less than 2% of the total project cost). The Government will provide all funds for resettlement in a timely manner. All compensation is to be paid prior to displacement. Ongoing income and livelihood rehabilitation activities will continue after construction begins. 8. Implementation Arrangements. KWASA will be the executing agency and will establish a Project Management Unit (PMU) headed by a full-time Project Director responsible for executing the project and the Resettlement Plan. The PMU will receive support from the resettlement consultants (national and international) hired as part of the Design Supervision Consultant package as well as start-up social safeguards support under the ADB bridging Technical Assistance. Verification of the quarterly monitoring reports will be done by an external expert. KWASA will provide compensation of land, assets, and income at full replacement value, along with relocation assistance, as per the entitlement matrix. The income and livelihood rehabilitation program includes both short and long-term strategies for relevant displaced persons. 5 Vulnerable households are defined as (i) female headed households, (ii) physically handicapped, and (iii) those below the below poverty line (Note: the national poverty line is considered Tk9,000. This figure is to be updated in 2011 as part of the national census. During Resettlement Plan implementation, the revised poverty line may be considered in determining vulnerable persons).

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11 I. PROJECT DESCRIPTION A. BACKGROUND 1. Khulna, the third largest city in Bangladesh, is located in the southwest area of the country and has a population of 1.5 million (2008). To cope with current insufficient water supply and increasing demand, the Khulna Water Supply and Sewerage Authority (KWASA) plans to improve the existing water supply system with assistance from the Japan International Cooperation Agency (JICA) and Asian Development Bank (ADB). The Khulna Water Supply Project (the Project) will be co-financed by JICA and ADB and is being formulated as a project loan to be implemented over a 5-year period (2011 to 2016). The Project envisages a major improvement to the public water supply system and aims to improve the quality of life for all residents and businesses in Khulna. 2. The project is located in two districts, Khulna and Bagerhat Districts. The Feasibility Study proposed to deliver water to Khulna City Corporation (KCC) from the Modhumati River. The raw water will be extracted at the intake point located on the bank of Modhumati River at Mollarhat in Bagherhat District. The raw water will then be delivered approximately 33 km to an impounding reservoir near the water treatment plant at Samonto Sena in Rupsha Upazila where the purified water will then be distributed through a system of smaller storage reservoirs and overhead tanks to five service zones in KCC. Figures 1 and 2 show the overall project plan. Figure 1: Project Location Source: Feasibility Study for Khulna Water Supply Improvement Project, 2010 JICA Study Team.

12 2 Figure 2: Zonal Distribution System Source: Feasibility Study for Khulna Water Supply Improvement Project 2010 JICA Study Team. B. Project Components 3. The project components are as follows and summarized in Table 1: (i) JICA (a) Water intake facility from the Madhumati River at Mollarhat;

13 3 (ii) (b) (c) (d) ADB (a) (b) (c) (d) (e) Raw water transmission pipe (diameter 1350 mm) for a total of length of 33 km; Surface Water Treatment Plant (SWTP) at Samanto Sena; and Impounding reservoir at Samanto Sena for non-saline raw water during wet season when salinity concentration is less than 1000mg/L in the river. Distribution reservoirs (5) for distribution to five service zones in Khulna city; Overhead tanks (11) for sufficient water pressure and also for some water reserve required for the consumers. The overhead tanks are filled with clear water pumping from distribution reservoir; Distribution pipes (diameter 50 mm 400 mm) for a total of length of 700km will be constructed to supply water to the consumer end; Clear water transmission pipe (diameter 300 mm 1100 mm) for a total length of 25 km to distribution reservoirs; and Khulna WASA headquarters office and 3 zonal offices. Table 1: Summary of Proposed Facilities Components Capacity Quantity Dimension (m) Area (acres) Location/ ownership 1 Water Intake Facility 110,000m 3 /day 1 no. 75 x Madhumati River + Access at Mollarhat Road 120m (private land) 2 Raw Water - 350mm, L=33km - Transmission Pipe 3 Impounding 775,200m 3 1 nos 400 x Samanto Sena Reservoir (private land) 4 SWTP 110,000m 3 /day 1 nos 250 x Samanto Sena (private land) 5 Clear Water - 300mm- - Transmission Pipe 1100mm, 6 Distribution Reservoir & Overhead Tank (5 nos) 7 Overhead Tank (6 nos) Reservoir (5,000m 3-18,000m 3 OHT (300m 3-500m 3 ) L=25km Deana West Para Reservoir Ward No.16 Office Reservoir Sonadanga Moha Sarak Reservoir Beside of No.7 Ward Office Reservoir Khalishpur Charerhat River Ghat Reservoir 100 x Private land 100 x KCC (government land) 100 x Private land 100 x Private land 100 x Government land 300m 3 Rab Sarani 45 x Private land OHT 300m 3 Mujgunni OHT 45 x KCC (government land 300m 3 Ferry Ghat 45 x KCC (government Power House land) OHT 500 m 3 Andir Pukur 50 x Private land OHT 500 m 3 South Side of 50 x Private land Ward No.31

14 4 Components Capacity Quantity Dimension (m) Office OHT 500 m 3 DPHE Rupsha OHT 8 Distribution Network - 50mm-400mm, L=700km 9 KWASA offices Total 15,000 sq ft. HQ (1) (approximate) Zonal offices (3) Area (acres) Location/ ownership 50 x DPHE (government land) - Total 15,000 sq ft. (approximate) HQ (government land) Zonal offices (1 private, 2 government lands) DPHE = Department of Public Health Engineering, HQ = headquarters, KCC = Khulna City Corporation, KWASA = Khulna Water Supply and Sewerage Authority, OHT = overhead tank, SWTP = surface water treatment plant. Source: Feasibility Study for Khulna Water Supply Improvement Project, 2010 JICA Study Team. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4. Table 2 summarizes the scope of total land acquisition and resettlement under the Project. For both JICA and ADB components, the exact number of households and economically displaced persons will be finalized after the official Government notification wherein the Project Management Unit (PMU) will conduct a full detailed measurement survey. Table 2: Summary of Land Acquisition and Resettlement Impacts Impact JICA components ADB components Remarks Impacts on Land Private land to be acquired (acres) Government land (acres) No of land owners (households) (EDPs in bracket) Non-titleholder impacts 103 (448) 7 (42) The number of landowners is based on a review of revenue records. The estimated number of EDPs is based on the average household size derived from the sample survey. (i) Agricultural tenants 8 (35) 0 The number of non-titleholder (EDPs in bracket) (ii) Agricultural workers 5 (22) 0 households is based on field visit surveys. (iii) commercial 0 1 (6) structures (EDPs in bracket) (iv) lease of public land 0 1 (6) (EDPs in bracket) No of non-titleholders agricultural tenants, agri 13 (57) 2(12) workers, leaseholders, commercial structures (households) (EDPs in bracket)

15 5 Impact JICA components ADB components Remarks No of landowners with major impacts >10% of 83 (362) 6 (36) The number of landowners with major impacts is estimated by total productive land scaling up the results of the holdings. (EDPs in sample survey data which bracket) identified households experiencing major impacts. Total no of EDPs a (including land impacts and non-titleholder impacts) Vulnerable households Owners - 15% of surveyed households and includes 6% women headed households, 9% below poverty line households. Tenants 12% of Affected Crops Affected fish varieties Affected trees Affected Common Property Resources Temporary impacts on businesses during construction surveyed households below poverty line households Workers 100% below poverty line households Rice (Aman and Upshi boro varieties) Vegetables Fish ponds with stocks of Ruhi, Katla & Puti, china puti, grass cup, shrimp etc. Banana, jackfruit, mango, lichi, papaya, coconut, guava etc. (8892 nos) Owners: 1 of the 3 owners surveyed below poverty line Vegetables Fish ponds with stocks of Ruhi, Katla shrimp etc. coconut, papaya, banana, etc (81nos) - 1 (a tank used for community purposes) Raw water transmission mains: 8 shops and 20 hawkers. Distribution networks: 448 shops and 1085 hawkers; Clear water transmission mains: 23 shops and 57 hawkers The percentages of vulnerable households are based on p data collected from the sample survey. Based on field verification and consultations. A 100% inventory of trees carried out on the lands to be acquired Based on field verification of all project components Assessment of temporary impacts are based on transect walks along representative stretches (17 nos of stretches along the proposed networks. These have been scaled up for estimating the temporary impacts during the laying of the networks Household Characteristics Family Size Household characteristics Owner Tenant Worker assessed based on results of the Household Monthly 40% sample surveys Income (Taka) 24,102 20,875 6,800 22,333 Household monthly expenditure (Taka) 18,807 18,250 6,800 17,333 Primary source of 79% agriculture/ fish farms, Service income land owners 13% service, 8% business and tenants ADB = Asian Development Bank, EDP = economically displaced person, JICA = Japan International Cooperation Agency. a The average family size from the sample survey was used for estimating the total number of displaced persons for the entire project area including the non-surveyed households. 5. A summary of impacts by physical component are described in Table 3. Tables 4 and 5 describe the specific impacts of JICA and ADB components.

16 6 Sl No a b c d e Table 3: Land Acquisition and Resettlement Impacts by Component Impact on Temporary Land Remarks Impact Acquisition Name of the Components Water Intake Facility at Mollarhat Intake point Raw Water Transmission Pipe Impounding Reservoir and SWTP at Samanto sena Clear Water Transmission Pipe Distribution Reservoir & Overhead Tank (5 nos) Deana West Para Reservoir Ward No.16 Office Reservoir Sonadanga Moha Sarak Reservoir Beside of No. 7 Ward Office Reservoir Khalishpur Charerhat River Ghat Reservoir Yes No A total of 30 land units occupy the proposed site an area of acres of private land with 7 of the 30 owners surveyed. No Yes The raw water transmission pipe of 1350 m diameter, for a length of 33 km from the intake point up to the impounding reservoir is proposed within the road ROW. While the stretch along the proposed alignment is largely uninhabited, there are certain junctions where there will be temporary impacts on vendors and businesses. Yes No The proposed site for SWTP and impounding reservoir at Samanto Sena falls under and Tilok mouzas covering an area of acres (63.56 acres private agricultural land, and 4.17 acres of government land). The site falls in 117 land units and belongs to 73 owners, of which 33 have been surveyed. In addition to the landowners, 8 tenants and 5 workers within the proposed site have been identified and surveyed. No Yes The clear water transmission pipe of mm dia for a length of 25 km from the SWTP to the distribution reservoirs is proposed within the road ROW. There are certain stretches where there will be temporary impacts on vendors and businesses. Yes No 1.7 acre site (100 x 70 m). Private land has 3 fish ponds in the site, and shrimps and white fish get cultivated. No No 1.7 acre site (100 x 70 m), KCC land, has a lined tank used for washing purposes by the nearby communities. To compensate for losses to this common property resource where locals was clothes. Provision of standposts /alternate water facility will be developed at the site. Yes No 2.2 acre site (100 x 90 m), low lying area, and is a seasonal fish pond, private land. No No 2.2 acre site (100 x 70 m) private land, currently vacant. The site includes an abandoned building and a residential structure. No Yes 2.2 acre site (100 x 90 m), khas land owned by government. The site is currently used for storage of sand and bricks by businessmen. The Charerhat businessmen cooperative society has taken lease of this land on an annual basis from the BIWTA and rents the same in parts to individual businessmen. 6 Overhead Tank (6 nos) a Rab Sarani OHT Yes No 0.34 acre (45 x 30 m) private homestead land, currently used as a vegetable garden. b Mujgunni OHT No No 0.34 acre (45 x 30 m) within the KCC land C d Ferry Ghat Power House OHT Andir Pukur OHT No No 0.34 acre (45 x 30 m) within the KCC land in the campus of the KCC garage, and to be developed on the site of an OHT which has been removed. Yes No 0.44 acre (50 x 35 m) private land the entire site is vacant. A corner is used by a temporary shop on stilts, and will require to be shifted.

17 7 Sl No e f 7 Name of the Components South Side of Ward No.31 Office OHT DPHE OHT Distribution Network Rupsha 8 KWASA offices Pipe Impact on Land Acquisition Temporary Impact Remarks Yes Yes 0.44 acre (50 x 35 m), private paddy land, low lying and inundated post monsoon. The site is accessed through a narrow lane, and might trigger temporary impacts during construction stage. No No 0.44 acre (50 x 35 m) government land, located within the DPHE campus No Yes A total of 700 km of distribution networks for pipe varying from 50 mm to 400 mm diameter are proposed. All of these are proposed along the existing roads within the road ROW. Transect walk of representative stretches (17 nos of stretches for a length of about 500 m each) have been carried out. These have been scaled up for estimating the temporary impacts during the laying of the distribution networks. Yes No One headquarters building for KWASA and 3 zonal offices are proposed. The site for the headquarters campus is identified on lands belonging to the Mongla Port Authority (a Government organization) and the process for transfer of ownership to KWASA is underway. While two of the zonal offices are proposed on public lands, one site in Goalpara Mouza is on private land. The land of 0.23 acres size is currently vacant and not used, and contains an abandoned structure of about 1300 sq ft. BIWTA = Bangladesh Inland Water Transport Authority, DPHE = Department of Public Health Engineering, KCC = Khulna City Corporation, KWASA = Khulna Water Supply and Sewerage Authority, OHT = overhead tank, ROW = right of way, SWTP = surface water treatment plant. A. JICA Components 6. A total of acres of private land will be acquired with an estimate of 103 households with legal title identified comprising a total of 448 economically displaced persons (EDPs) as follows: (i) the intake point at Mollarhat requires acres of private agricultural land belonging to 30 households comprising a total of 130 EDPs; and (ii) the impounding reservoir and SWTP site at Samanto Sena requires acres of private agricultural land with some seasonal fish/shrimp ponds belonging to 73 households with legal title identified comprising a total of 318 EDPs. There will be eight affected agricultural tenants, and five agricultural workers affected. Table 4 shows the impacts for the JICA component. 7. Of the total 103 households economically displaced under the JICA component, 40 (or 38%) were surveyed. Details of the proposed land are provided in Appendixes 4 to 6. The survey results are in Table 4.

18 8 Sl. No. Name of the Village/ Area Table 4: Summary of Land Acquisition of Surveyed Households (JICA Component) Affected Plot No. Name of the Owner a Land type Area to Total area be productive Acquired land (acres) holding (acre) % loss of productive landholding A. Water Intake Facility-Mollarhat 1 Garfa 679, 689, 680 Agri % 2 Gafra 663, 664 Agri % 3 Gafra 665, 658 Agri % 4 Garfa 668, 669 Agri % 5 Garfa 672 Agri % 6 Garfa 687, 681 Agri % 7 Garfa 673 Agri % B. Impounding Reservoir & SWTP (Samonto Sena) 1 Pathorghata 213, 232 Agri / Fish % 2 Pathorghata 2,081,531 Agri % 3 Samonto Sena 214 Agri % 4 pathorghata 213, 221 Agri / Fish % 5 patharghata 1532, % 6 patharghata 233, 179, 197, 199 Agri /Fish % 7 patharghata 231 Agri % 8 patharghata 1501 Agri % 9 patharghata 159, 156, 158, 200 Agri /Fish % 10 patharghata 1511, 1816 Agri /Fish % Agri % Agri % , 1818, 217 Fish /Agri % , 231 Fish /Agri % 15 Jalma 232 Agri % Agri /Fish % Agri % Agri % 19 Taltala 195 Agri % Agri /Fish % 21 Samonto Sena 1535, 208 Agr % 22 Taltala 178 Agri %

19 9 Sl. No. Name of the Village/ Area Affected Plot No. Name of the Owner a Land type Area to be Acquired (acres) Total area productive land holding (acre) % loss of productive landholding Agri /Fish % , 167, 631 Agri/ Fish % 25 Pathar Ghata 270, 152, 175, 155 Agri/Fish % 26 Pathar Ghata 202, 203, 204, 175 Agri/Fish % 27 Pathar Ghata 213 Agri /Fish % 28 Pathar Ghata 209, 213, 210, 211 Agri /Fish % 29 Pathar Ghata 170, 162, 163, 164, 166, Agri NA NA NA 168, 169, 174, 218, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 234, 1502, 1503, 1504, 1505, 1506, 1509, 1516, 1517, 1518, 1519, 1520, 1521, 1523, 1524, 1525, 1526, 1527, 1528, 1539, 1788, 1789, 1802, 161, 171, 3774, 3775, 3776, 3777, 3778, 3783, Pathar Ghata 172 Agri /Fish % 31 Pathar Ghata 216 Agri % 32 Pathar Ghata 216 Agri % 33 Pathar Ghata 160, 1555, 1554, 1533, 1532, 1530, 1529, 225, 226, 227, 228 JICA = Japan International Cooperation Agency, SWTP = surface water treatment plant. a Names of private persons taken out due to privacy reasons. Agr %

20 10 B. ADB Components 8. A total of 7.02 acres of land will be acquired for 11 overhead tank and five underground reservoirs and one zonal KWASA office building. There will be seven households with legal title comprising a total of 42 EDPs. One household will lose agricultural income from the loss of farming activities and two households will lose fishing livelihood. There will be one commercial structure affected and one lease of public land for storage of sand affected by the project. 9. Of the total seven households economically displaced under the ADB component, three (or 42%) were surveyed. The survey results are in Table 5. Sl. No. Table 5: Summary of Land Acquisition of Surveyed Households (ADB Component) Name of the Village/ Name of the Land Area Owner a type 1 Deana Para ward no 04 Affecte d Plot No. 1386, 1387, , , Sonadanga ward no 24 3 MirerDanga Ward no 02 ADB = Asian Development Bank. a Names of the private persons taken out due to privacy reasons. C. Temporary Impacts Fish pond Area Acquire d (acres) Total area of Productiv e land holding (acre) % loss of total productive landholdin g % Fishpon % d 140,141 Vacant % 10. Temporary economic impacts to businesses for the project components are as estimated follows: (i) raw water transmission mains: eight shops and 20 hawkers; (ii) clear water transmission mains: 23 shops and 57 hawkers; and (iii) distribution networks with 448 shops and 1085 hawkers. 6 Temporary economic impacts will occur to mobile hawkers and semipermanent vendor structures with small kiosks encroaching in the right-of-way during laying of distribution pipes. These businesses will be temporarily relocated prior to construction of relevant sections. Temporary economic impacts to permanent businesses along the distribution routes will be mitigated by maintaining access to these shops during the construction period (usually days) as outlined in the Environmental Management Plan (EMP). To ensure disturbance is minimized to the extent possible, contractors will be required to expedite works in front of businesses, provide pedestrian planks across trenches, manage traffic flows, conduct works at night, etc. In the event roads are fully closed, compensation will be made for the time of disruption. 7 6 To assess the potential temporary impacts on businesses, hawkers and vendors, along the distribution networks and the transmission mains, structured transect surveys of sample representative stretches were carried out. A total of 18 locations representing various land use types in the network were taken up for sampling. A total of 530 commercial establishments, including hawkers and encroachments were surveyed. These will be further verified once the detailed designs are complete and the alignments for the networks and transmission mains are finalized. 7 The full closure of roads is not anticipated under the project.

21 Table 6 summarizes the occupants within the proposed alignments of the networks. The potential impacts for the entire network were estimated based on the sample survey results which were scaled up to understand the overall scale of temporary impacts during construction. Table 6: Summary of Transect Surveys S.No Location Land Use Characteristics Occupants within the proposed zone for 1 Fulbari Gate A major activity node. Within the stretch of the bazaar, there is a continuous row of hawkers/vendors, occupying the ROW, between the shops and the road 2 Daulatpur Daulatpur bus stand and bazaar is a busy Legal shops (encroachers) network improvements Hawkers / Vendors (squatters) Total market place with vendors. 3 Road no:18, A sub-arterial road, and characterized by low Khalishpur lal density commercial and residential units. hospital Road 4 Alam Nagar An internal road, Low density residential / Bazar commercial developments along the stretch. 5 Dak Bangla Mor An important business and transportation node Boyra Bazar An intermediate lane road, fully commercial either side for a stretch of about 600m, has vendors/hawkers occupying the shoulders Shivbari Mor A major intersection, mostly commercial, and has several commercial establishments encroaching onto the ROW Sheikhpara An intermediate lane road, fully commercial both side. 9 Moylapota A major road and a market in the shoulder Sonadanga A major bus stand, and a transportation node of the city Sher E Bangla A business and transportation node Road 12 Nirala A transportation node and an evening market on shoulder Gallamary A Bus stand and a transportation node Tootpara Jorakal A busy vegetable market, with vendors bazaar occupying the ROW, between 7 to 1 pm, and 4-9pm 15 Dolkhola A bazar occupying the both sides of the ROW Khan Jahan Ali A Transportation node Road 17 Rupsha Ghat to Road connecting the Ghat to the embankment, Rupsha Veribad mixed land use, with residential and road commercial land uses. No major vendors or encroachments within the ROW. 18 Tarer Pukur An internal road; low density market on the shoulder 19 Tootpara locality Residential road widths less than 5m Khalishpur Residential road width about 7m locality 21 A connecting Residential road width about 3m road of Hazi Mohsin Road locality Total ROW = right of way.

22 12 III. SOCIOECONOMIC INFORMATION AND PROFILE 12. The draft Resettlement Plan is based on a sample survey (nearly 40% of the displaced population). 8 Updated and final resettlement plans will be prepared and submitted based on a full census of displaced persons during detailed design stage and before any land acquisition for the project occurs. 9 Structured survey questionnaires were used to collect detailed information on the impact of permanent land acquisition and temporary impacts on businesses/ hawkers and vendors in the project area. The survey included various aspects such as (i) household characteristics, including social, economic and demographic profile; (ii) assessment of land including quantity and typology, total productive land holdings, productivity, crops grown, etc.; (iii) inventory of physical assets; (iv) potential income loss, indebtedness of the households; and (v) ascertaining perceptions on resettlement options, compensation etc. The major findings and magnitude of impacts are discussed in the following sections. 8 Attempts were made to survey all households however some were unwilling to cooperate with the survey team as they chose to wait until the formal government notice was published to provide relevant information. These households will be surveyed at the time of the detailed measurement survey taken during project implementation and incorporated into the updated and final resettlement plans. 9 The information contained in the resettlement plan is tentative until the census of affected persons has been completed. Soon after the completion of engineering designs, the borrower/ client will finalize the resettlement plan by completing the census and inventories of loss of assets. At this stage, changes to the resettlement plan take the form of revising the number of displaced persons, the extent of land acquired, the resettlement budget, and the time table for implementing the resettlement plan. The entitlement matrix of the resettlement plan may be updated at this stage to reflect the relevant changes but the standards set in the original entitlement matrix cannot be lowered when the resettlement plan is revised and finalized. (ADB Safeguards Policy Statement. Safeguards Requirements ).

23 Figure 3: Survey Locations for Transect Walks to Assess Temporary Impacts 13

24 14 Figure 4: Transect Walk for Assessment of Temporary Impacts Shivbari Mor A. Socioeconomic Profile JICA Components 13. Of the 103 landowners identified, 40 were surveyed as part of the draft Resettlement Plan preparation. In addition, a survey of the eight tenants and five agricultural workers at the Samanto sena impounding reservoir site were carried out. Table 7 summarizes the socioeconomic details of those surveyed under the JICA component. A detailed profile of all landowners will be prepared at the design stage of the project. 14. Intake site. There are 30 landowners associated with the acres to be acquired. Of these 30 landowners, seven were surveyed (or 23.3%). All surveyed households at the intake site are agricultural households, with all but one household losing 100% of the land holding at the location. All have income levels are above the poverty levels identified for the project (Tk9,500 per household per month). One women headed household exists, who qualifies as a

25 15 vulnerable group under the Project. In terms of primary occupation, all seven households are dependent on agriculture. 15. Impounding Reservoir and SWTP. There are 73 landowners associated with the acres of private agricultural lands to be acquired. Of these 73 landowners, 33 were surveyed (or 45.2%). All surveyed households lose their agricultural lands, and nearly all the surveyed households utilize their lands for short-term fish/shrimp cultivation after the monsoon season. In terms of land ownership, nearly 50% of the land to be acquired belongs to one individual, and the other landholdings are small, most of them with an ownership of less than half an acre. More than 80% of households will lose more than 50% of the land parcel under possession at the project location. In terms of vulnerability, five of the 33 households have been identified as vulnerable, three having incomes less than Tk9,500 per month, and the remaining two being woman headed household. The average monthly income of the surveyed households is Tk24,102 per month, while the expenditure stated per month is of the order of Tk18,807 per month. A total of 8,892 trees will be impacted at the proposed site, and the number of trees per species is presented in Appendix The profiles of the eight tenants surveyed at the Samanta Sena site are very much comparable to the landowners, with similar income profiles. The household income and expenditure of these households are Tk18,807 and Tk18,250, respectively. One of the eight tenant households has income of Tk8,000 and has been considered as a vulnerable household being below the poverty line. 17. Employment in agricultural activities in the affected lands is seasonal. Based on consultations with the local communities, there are five agricultural workers employed in the land parcels to be acquired who were identified and socioeconomic information compiled for these workers. All five workers have been identified as vulnerable given their average monthly income levels of about Tk6,000, which is below the poverty line. 18. Income and Livelihood Loss. There is one surveyed household (out of the seven surveyed) at the Mollarhat intake site, and 26 of the 33 surveyed households at the Samanto Sena site who will lose more than 10% of their total productive (income generating) land holdings. The extent of losses both in terms of productive land holding and income for the individual surveyed households are presented in Table 8.

26 16 16 Sl. No. Name of the Owner a Table 7: Summary Socioeconomic Details of Surveyed Displaced Persons: Intake to SWTP (JICA Component) Household size Male Female Total Main Occupation/ Income Source of Household Head Monthly Average Income (Tk.) Monthly Average Exp. (Tk.) Women Headed Household Vulnerability Handicap Household BPL Household A. Water Intake Facility-Mollarhat Service 50,000 40,000 No No No Service 20,000 15,000 No No No Service 40,000 30,000 No No No Service 40,000 39,500 No No No Service 15,000 15,000 No No No Service 100,000 50,000 Yes No No Service 40,000 30,000 No No No B. Impounding Reservoir & SWTP (Samonto Sena) i. Landowners Service 16,000 14,000 No No No Farmer 10,000 8,000 No No No Farmer 8,000 10,000 No No Yes Farmer 6,000 6,000 No No Yes Service 12,000 12,000 No No No Farmer 30,000 25,000 No No No Farmer 10,000 8,000 No No No Farmer 10,000 10,000 No No No Farmer 30,000 20,000 No No No Farmer 15,000 10,000 No No No Farmer 8,000 8,000 No No Yes Farmer 10,000 10,000 Yes No No Farmer 15,000 15,000 No No No Farmer 20,000 18,000 No No No Service 30,000 25,000 No No No Farmer 30,000 10,000 No No No Household Work 15,000 13,000 No No No Farmer 50,000 40,000 No No No Small 35,000 30,000 No No No

27 Sl. No. Name of the Owner a Household size Male Female Total Main Occupation/ Income Source of Household Head Monthly Average Income (Tk.) Monthly Average Exp. (Tk.) Women Headed Household Vulnerability Handicap Household Business Service 17,000 15,000 No No No Service 12,000 10,000 No No No Small Business 35,000 30,000 No No No Farmer 30,000 10,000 No No No Farmer 26,000 24,000 No No No Farmer 30,000 25,000 No No No Farmer 18,000 15,000 No No No Farmer 10,000 10,000 No No No Farmer 25,000 20,000 No No No No No No Farmer 15,000 13,000 No No No Service 12,000 12,000 No No No Farmer 15,000 13,000 No No No Farmer 30,000 25,000 No No No ii. Tenants Farmer 40,000 35,000 No No No Farmer 20,000 18,000 No No No Farmer 8,000 8,000 No No Yes Farmer 15,000 12,000 No No No Farmer 16,000 15,000 No No No Farmer 35,000 30,000 No No No Farmer 15,000 13,000 No No No Farmer 18,000 15,000 No No No iii. Agricultural workers Agriculture Labor 6,000 6,000 No No Yes Agriculture Labor 6,000 6,000 No No Yes BPL Household 17

28 18 Sl. No. Name of the Owner a Household size Male Female Total Main Occupation/ Income Source of Household Head Monthly Average Income (Tk.) Monthly Average Exp. (Tk.) Women Headed Household Vulnerability Handicap Household Agriculture Labor 8,000 8,000 No No Yes Agriculture Labor 8,000 8,000 No No Yes Agriculture Labor 6,000 6,000 No No Yes Avg = average, BPL = below poverty line, Exp = expenditure, JICA = Japan International Cooperation Agency, SWTP = surface water treatment plant, Tk = taka. a Names of the private persons taken out due to privacy reasons. Table 8: Productive land holding and income losses of Surveyed Households (JICA Components) BPL Household Monthly income (tk) Agricultural income loss Fish / shrimp farm income loss Extent of income loss S.No Name of the Displaced Persons a % of affected to total landholding season (tk) month (tk) season (tk) month (tk) Tk % Intake 1 2.4% 50,000 4, % 2 9.6% 20,000 26,800 2, , % 3 5.4% 40,000 17,200 1, , % 4 5.1% 40,000 34,800 2, , % 5 4.2% 15,000 10, % % 100,000 10, % 7 6.5% 40,000 5, % Impounding reservoir + SWTP % 16,000 19,696 1, ,000 18,333 19, % % 10,000 42,976 3, , % % 8,000 43,776 3, ,385 8,532 12, % % 6,000 2, ,600 1,050 1, % % 12,000 15,352 1, , % % 30,000 53, ,473 41,194 3,433 7, %

29 Monthly income (tk) Agricultural income loss Fish / shrimp farm income loss Extent of income loss S.No Name of the Displaced Persons a % of affected to total landholding season (tk) month (tk) season (tk) month (tk) Tk % % 10,000 8, % % 10,000 5, ,500 4,542 5, % 9 3.7% 30,000 12,000 1,000 6, , % % 15,000 77,600 6,467 68,593 5,716 12, % % 8,000 12,000 1, , % % 10,000 12,800 1, , % % 15,000 46, , ,440 22,620 26, % % 20,000 24,588 2, ,504 23,709 25, % % 30,000 19,696 1, , % % 30,000 6, % % 15,000 26,800 2, , % % 30,000 12,000 1, , % 35, % 2, % % 17,000 20,384 1, , % % 12,000 12,800 1, , % % 35,000 12,628 1, , % % 30,000 6, , , % % 26,000 7, % % 30,000 34, ,845 40,800 3,400 6, % % 18,000 30, , ,558 8,463 10, % % 10,000 20,000 1, , % % 25,000 54,800 4, ,500 21,042 25, % % 15,000 1, , % % 12,000 42,752 3, ,609 8,467 12, % % 15,000 42,752 3, ,996 9,166 12, % % 30, ,720 24, , % JICA = Japan International Cooperation Agency, SWTP = surface water treatment plant, Tk = taka. a Names of the private persons taken out due to privacy reasons. Source: Primary survey,

30 Table 9 summarizes the losses of productive land holding and income amongst the surveyed households at the intake and impounding reservoir locations. Table 9: Summary Extent of losses of productive land holding and income Loss of Productive land Loss of Income holding Extent of loss No of % No of % Households Households Intake 1 < 10% 6 86% 6 86% % 1 14% 1 14% % 0 0% 0 0% % 0 0% 0 0% 5 >75% 0 0% 0 0% Total 7 100% 7 100% Impounding reservoir and SWTP 1 < 10% 7 21% 1 3% % 2 6% 2 6% % 11 33% 1 3% % 6 18% 6 18% 5 >75% 7 21% 23 70% Total % % SWTP = surface water treatment plant. Source: Primary survey, B. Socioeconomic Profile ADB Components 20. Of the eleven sites identified for locating the overhead reservoirs and underground tanks, six are on private lands (one agricultural land, two fish cultivation ponds, and three nonagricultural plots either used for seasonal vegetables or are vacant). Three of the six households have been surveyed and these include one vacant plot and two fish ponds. At all these three locations, the extent of impact is 100% and the entire land parcel will be acquired. One of the three surveyed households has incomes below the poverty level of Tk9,500. The average household size is six amongst these households. All three households do not live in the land parcels to be acquired, and they have their own residences at some other localities in Khulna. Fish cultivation does not constitute the main source of income for the two households which would lose the fish ponds. 21. In addition to the landowners, survey of a commercial structure occupying the vacant private plot identified for Andir Pukur overhead tank (OHT) was carried out. The 3 x 2 m (6 sq. m.) structure is temporary and made of wood with a tin roof, and sells betel leaf, cigarettes and biscuits. The structure has been raised on the private land with consent from the owner, and does not pay any rent to the owner or KCC. Based on the income profile, this displaced person has been categorized as vulnerable. At the Khalishpur Chorerhat OHT and reservoir site, there is a temporary (annual) lease of the Government land belonging to Bangladesh Inland Water Transport Authority (BIWTA) to the local business association for storage of materials, including sand and bricks. Survey of the businessman currently occupying the premises was carried out. There are no adverse impacts envisaged as there are alternate lands available along the river for storage of materials. Table 10 summarizes the socioeconomic details of those surveyed under the ADB component.

31 Income and Livelihood Loss. All the surveyed households lose more than 10% of their total productive land holdings. Given that the displaced persons are in the service sector, the extent of impact on income is not significant with income losses being less than 15% for all three surveyed households. The extent of losses both in terms of productive land holding and income for the surveyed households are presented in Table 11. C. Socioeconomic Profile of Temporary Impacted Businesses 1. Legal Shop Owners 23. The legal businesses that encroach into or spill into the right of way (ROW) are at the junctions and major intersections. Spill over of furniture shops, hardware and vehicle repair shops onto the ROW for storage of materials and goods is also significant along several stretches. The type of businesses along the surveyed stretches is in Table 12 below. 24. Tenants constitute a majority of the shopkeepers, and only 30 of the surveyed businesses are operated by the owners of the structures. The average monthly rent paid is reported to be Tk1,595. The average profit after rent for these businesses works out to Tk516 per day (monthly income of about Tk15,000). About 20% businesses reported monthly incomes of less than Tk9.000 per month, below the poverty line. 25. Structures, in most cases erected within the ROW, are temporary and impacts on the main structure are not envisaged. The losses envisaged, apart from minor disruption of businesses for the duration of 2-3 weeks during the laying of the networks, will include loss of access, damage of the flooring of the ROW portion, which the shopkeepers have done towards storage of goods/materials. The contractor will restore access to the buildings, and the same will be part of the civil works. Any loss to the structures erected by the vulnerable shop owners will be compensated at replacement cost. 2. Hawkers and Vendors 26. A total of 311 hawkers/vendors were surveyed at the 18 transect walk locations. The type of businesses of these surveyed hawkers is given in Table 13 below.

32 22 Table 10: Summary Socioeconomic Details of Surveyed Displaced Persons - OHTs and Underground Reservoirs (ADB Component) Household size Vulnerability Name of the Displaced Person a Sl. No. Male Female Total Main Occupation/ of Household Head Monthly Avg Income (Tk.) Monthly Avg Exp. (Tk.) Women Headed Household Handicap Household Service No No No Service No No Yes Service No No No ADB = Asian Development Bank, BPL = below poverty line, OHT = overhead tank, Tk = taka. a Names of the private persons taken out due to privacy reasons. BPL Household Table 11: Productive Landholding and Income Loss of Surveyed Households (ADB Component) Fish / shrimp farm Extent of income % of affected to Monthly Agricultural income loss income loss loss total income (tk) S.No Name of the Displaced Person a landholding season (tk) month (tk) season (tk) month (tk) Tk % 1 74% 20,000 24,000 2,000 2, % 2 37% 7,000 12,000 1,000 1, % 3 19% 40,000 5, % ADB = Asian Development Bank, Tk = taka. a Names of the private persons taken out due to privacy reasons. General Store Vegetable/ Fruits Restaurants Table 12: Type of Legal Shops Vehicle Repair Mobile Shops Timber / Furniture Hardware / fabrication Others (laundry, poultry, battery shops etc) Total Table 13: Type of Hawkers Books & Fruit Vegetable Fish Food Stationery Clothes Shoe Repair Other Total

33 Of the total 311 hawkers, 64 are mobile, i.e. the locations for carrying out businesses are not fixed, while the others, 247 hawkers do their businesses at the same location. On an average, the occupation of the ROW has been for a period of four years. About 45% of the surveyed hawkers indicated that they pay a nominal rent to the KCC for occupation of the place. Collection of fees by KCC from the hawkers is limited to the bazaars/vegetable market areas, where the KCC collects Tk5 per day from each of the vendors. The average profit from the business for the surveyed hawkers is Tk213 per day. Nearly two thirds of the hawkers report incomes less than Tk9,000 per month. 28. Of the 311 hawkers, 175 confirmed that there are alternative places readily available in the vicinity of their existing location, wherein the businesses could be shifted for the period of temporary disruption. Hawkers occupying locations where the KCC collects the daily rent reported that they expect KCC to identify alternate locations to carry out businesses during the period of construction, so that the disruption to businesses is minimal. Consultations with KCC indicate that alternative locations within the ROW can be identified at the same location or at another site belonging to KCC. 29. A reported 289 of the 311 surveyed hawkers stated they return daily to the surveyed location. At the major intersections and activity nodes, the hawkers carry out businesses throughout the day. At other locations, it is found that the hawkers carry out businesses within the ROW in two defined time periods, one in the morning and the other in the late afternoon (about 4 pm till late in the night). A reported 112 of the 311 hawkers occupy the ROW in two shifts, one in the morning and the other in the evenings. Apart from vulnerability due to incomes below the poverty levels, 44 of the 311 surveyed hawkers were women, with about 25% of these women being the sole earners for the family. Appendix 7 shows the estimated occurrence of businesses along the transect route based on the sample transect surveys which provides basis for estimation of potential impacts. 3. Gender Considerations 30. During disbursement of assistance and compensation, priority will be given to femaleheaded households. In addition to the measures provided for addressing the gender concerns of the affected households, the Resettlement Plan will be implemented in consonance with the Gender Action Plan for the project. Additional assistance has also been provided for all the female-headed households who will be considered as vulnerable group. IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 31. As part of the feasibility studies, an extensive consultation program with key stakeholders, including persons interested in or affected and displaced by project activities, was carried out, in line with the requirements pertaining to environment and social considerations of JICA and ADB. The tools used for consultations were individual meetings, interviews, structured questionnaires, open ended questionnaire and Focused Group Discussions (FGD). These consultations provided inputs in identification of the felt needs of the communities, and the relevant stakeholders. The project team arranged five consultations with the local stakeholders for information dissemination and community participation with the concerned stakeholders and probable displaced persons. Representative of the project teams, KWASA, Deputy

34 24 Commissioner land section and local government were also present in these meetings to understand the people s views and suggestions. 32. These meetings were held at five different locations of the two districts on different dates commencing from August These meetings were attended by different cross sections of the affected population. These public consultation meetings with land owners, local elite and general members of the public were also attended on occasions by the Mayor of Khulna, Assistant Deputy Commissioner (ADC) of Revenue Bagerhat, Managing Director, KWASA, ADC (Land Acquisition) Khulna and the officials of the project team and KWASA including elected representatives, local leaders, women groups, representatives of professional groups like businessmen, farmers, teachers, religious leaders, and public representatives as well as members and chairman of the Union and Upazila Councils and the consultant. Details of consultations, the key issues raised and their incorporation in the project and Resettlement Plan is presented in Table 14. Place, date and S.No. no of participants A. Stakeholders meeting KWASA office (24participants) 1 2 High School, Rupsha (159 participants) Table 14: Details of Public Consultations Participants Landowners, Chairman, Representatives & Vicechairman of Rupsha Upazila, Bio-chemist of DOE, ADC (Revenue) of Bagerhat & ADC (Land Acquisition) Khulna, Engineer, KDA, Chairman of Noihati Union Parishad, Managing Director and officials of KWASA, JICA feasibility study team Land owners of Samanto Sena, local people, Chairman & members of Land Owners Association, Khulna City Mayor, Upazila Chairman of Rupasha, Additional Deputy Commissioner (Land Acquisition Division), JICA Study Team, and, Managing Director & Officials of KWASA, KCC Mayor Issues discussed Importance of the project, need for a proper water supply system for Khulna residents KWASA Managing Director Description of the proposed water supply project, components, locations, and benefits of the project. Communities and landowners The Padmabeel (Samanta Sena) area s soil is very fertile for cultivation. The people of that area are mainly depending on the crop cultivation Alternative could be proposing another land for KWASA s project. in a huge Char Land (Govt. Land). in Atharo Baki area of Alaipur Mouza. These lands were created through the river erosion process of Madhumati River. Mayor and ADC Announcement of the list of lands and landowners required for the KWASA project Request for support from the community, saying that 6 alternative sites were studied and the selection of alternative sites not possible for technical reasons. This site is the option which shall involve minimum acquisition of Response and incorporation into Resettlement Plan and Project design The suitability and finalization of the site, is selected based on technical criteria. Mayor assured that KWASA and the study team will explore the suitability of the site being proposed. In the event of the suggested site being suitable, there will be efforts to take it forward. The participants, landowners and other stakeholders agreed that a detailed meeting will be carried to further discuss the project in Samanto Sena. Additional Deputy Commissioner (Land Acquisition) of Khulna gave assurance the land owners that they will get the proper and maximum compensation. Marking of the land to be affected on ground with red flags committed by Mayor and KWASA, and flags established (by 25 th August 2010) on ground delineating the proposed boundaries.

35 25 S.No. Place, date and no of participants Participants B. Focus Group Discussion and Public Consultation , (7 participants) Landowners and 3 sharecroppers, KWASA officials and JICA study team 4 5 Samonto Sena Bazar , (7 participants) Mollarhat Technical College (7 participants) Union Parishad elected members, farmers, shrimp farms, KWASA officials and JICA study team Chairman, Garfa Union Parishad, Union Parishad Members, local residents, KWASA officials and JICA study team Issues discussed private lands and least number of landowners. The extent of land required is not significant and only few landowners will be impacted, and compensation will be worked to ensure that people are not at a loss. Landowners and Communities These lands are their main income source; so they would require sufficient compensation to ensure that the families are not affected In the absence of a marking on ground, there is confusion as to which lands and what extent is to be taken for the project. If portion of land is affected, will the person be entitled to compensation for entire plot Compensation for trees, vegetation and affected assets to be provided. Alternative lands to be explored as livelihood will be affected Willing to part with the land if proper compensation is provided In the event of loss of land, there has to be provision for opportunities for employment in the project Shrimp cultivation is a major source of income, and will be a significant impact if their lands are acquired. Proper and adequate compensation to be provided. Land compensation to be at market levels, and the prevailing rates is Tk18,000 per decimal Timely compensation to be provided without any harassment of the affected people, including delays Response and incorporation into Resettlement Plan and Project design In the event of partial loss of land and the remaining land not being viable to the owner, there is an option in the project to get compensated for the entire plot of land. Entitlement matrix provides for replacement cost for loss of land and assets in the project, All trees and assets will be compensated at the market price. In addition to compensation of land and assets lost, the project has provisions for special assistance to ensure livelihood impacts are addressed Assurance by KWASA that concerns of the APs will be addressed in the project Compensation at replacement cost, to ensure that livelihoods are not impacted In addition to compensation for land and lost assets, the project proposes livelihood assistance measures for people with significant land impacts, to ensure that impacts on livelihood are minimal In the short term there is ample opportunities for the affected people to participate in the project implementation. KWASA will make efforts to have a preferential consideration of the affected people for employment in the maintenance / operation of the facilities to be created in the project. Provisions in the project to ensure that people are compensated at the replacement cost. Mechanisms shall be established in the project to ensure that all grievances of the communities are

36 26 S.No. Place, date and no of participants Participants Issues discussed Response and incorporation into Resettlement Plan and Project design addressed, and the payment and disbursement of compensation and assistance is carried out without delays and in a transparent manner. ADC = Assistant Deputy Commissioner, DOE = Department of Environment, JICA = Japan International Cooperation Agency, KCC = Khulna City Corporation, KDA = Khulna Development Authority, KWASA = Khulna Water Supply and Sewerage Authority. B. Information Disclosure 33. To provide for more transparency in planning and for further active involvement of displaced persons and other stakeholders the project information will be disseminated through disclosure of resettlement planning documents. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the project will be made available in local language (Bangla) and the same will be distributed to displaced persons. The KWASA through its PMU will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate grievance redressal. The information will also be made available at a convenient place especially, the offices of KWASA, KCC, Rupsha Upazila, Chairman of Noihati Union Parishad and at other key accessible locations (as market places) convenient to the displaced persons. The summary of the Resettlement Plan and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at the KWASA office and KCC office. A copy of the Resettlement Plan will be disclosed on the ADB website. C. Continued Consultation and Participation 34. For continued consultations, the following steps are envisaged in the project, which are further detailed in Appendix 8: (i) (ii) (iii) (iv) The PMU will organize public meetings and will appraise the communities about the progress in the implementation of resettlement, social and environmental activities; PMU will organize public meetings to inform the community about the compensation and assistance to be paid; All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the Resettlement Plan; and Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account. V. GRIEVANCE REDRESS MECHANISM 35. A grievance redress mechanism (GRM) will be established to receive, evaluate and facilitate the resolution of affected people s concerns, complaints, and grievances about the social and environmental performance at the level of the project. The GRM is aimed to provide a trusted way to voice and resolve concerns linked to the project, and to be an effective way to address affected people s concerns. The GRM for the project is outlined below and consists of three levels with time-bound schedules and specific persons to address grievances.

37 The first level and most accessible and immediate venue for the fastest resolve of grievances is the PMU, chiefly through the PMU resettlement officer and Project Director, with assistance from the Resettlement Specialist (National and International) of the Design and Supervision Consultants (DSC). The contact phone number of the PMU will be posted in the public areas in the project area and construction sites. Grievances will be resolved through continuous interactions with affected persons and the PMU will answer queries and resolve grievances regarding various issues including land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven (7) days. All grievances will be documented with full information of the person (name, address, date of complaint, etc.) and the issue. 37. Should the grievance remain unresolved, the PMU's Project Director, will activate the second level of the GRM by referring the issue (with written documentation) to the local Grievance Redress Committee (GRC) of the KWASA, who will, based on review of the grievances, address them in consultation with the PMU resettlement officer and Project Director and affected persons. The local GRC will consist of the following persons: (i) Managing Director or Deputy Managing Director of KWASA (GRC Chair); (ii) Representative of the Mayor of KCC; (iii) Affected person or representative of the affected person(s); (iv) Representative of the local Deputy Commissioners office; (v) Representative of the Department of Environment (DOE) s divisional office (for environmental related grievances); and (vi) DSC Resettlement or Environmental Specialist (national). A hearing will be called with the GRC, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will meet as necessary when there are grievances to be address. The local GRC will suggest corrective measures at the field level and assign clear responsibilities for implementing its decision within fifteen (15) days. 38. The functions of the local GRC are as follows: (i) provide support to affected persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) record grievances of displaced persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 39. The PMU resettlement officer will be responsible for processing and placing all papers before the PMU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 40. In the event that a grievance is not addressed by the PMU or GRC, the affected person can seek legal redress of the grievance in the appropriate courts, the third level of the GRM. The grievance redress mechanism and procedure is depicted in Figure 5.

38 28 Figure 5: Grievance Redress Mechanism DP = displaced person, GRC = Grievance Redress Committee, PMU = Project Management Unit. VI. POLICY AND LEGAL FRAMEWORK 41. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government namely the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO), JICA s Guidelines for Environmental and Social Considerations (2002), and ADB's SPS A comparison of each policy and gap filling analysis is in Appendix 1. The JICA and ADB policies are similar in their policy principles, however, some gaps between the government laws and JICA/ADB exist, as described below. 42. The Government's policy through ARIPO does not cover project-displaced persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of displaced persons except for the legal compensation. Gaps between national law, JICA, and ADB s SPS are identified and bridging measures are included in the Entitlement Matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. The SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.

39 29 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 43. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the detailed measurement survey to be conducted after official government notification. All displaced persons identified in the project-impacted areas on the cut-off date 10 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in the entitlement matrix below) sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice (60 days), requested to vacate premises and dismantle affected structures prior to project implementation. The project will recognize both licensed and non-licensed vendors, and titled and non-titled households. B. Entitlements 44. The entitlement matrix (Table 15) summarizes the main types of losses and the corresponding entitlements in accordance with the Government, JICA, and ADB policies. 10 The cut-off date for title holders is based according to the formal notification (Section 3), and for non-titleholders the date of the census survey after the detailed design. Those who encroach into the project area after the cut-off date will not be entitled to compensation or any other assistance. The PMU will take video and photo documentation to ensure entitled persons on the cut-off date. For this project, the detailed measurement survey taken soon after official Section 3 notification will act as the cut-off date for non-titled holders.

40 30 Sl No Table 15: Entitlement Matrix Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency a A. Land A- Loss of land Homestead land, 1 agricultural land, or vacant plot, fish ponds / shrimp farms. A- 2 A- 3 Loss of land Homestead land, agricultural land, or vacant plot fish ponds / shrimp farms. Loss of land Homestead land, agricultural land, or vacant plot fish ponds / shrimp farms. B. Structures and Assets B- 1 Loss of structure partially affected still viable for use Commercial / agricultural/fishing structure and other assets (e.g. fences, gates, wells, sheds etc) structure Owner(s) with legal title Tenant(s) leaseholder(s) and Displaced person(s) without legal titles (squatter(s) and encroacher(s) Land-for-land option of equal productive capacity satisfactory to owner, if feasible and if alternate land is available. Cash compensation equivalent to replacement cost. Provision of stamp duty, land registration fee, capital gains tax, and value added tax incurred for replacement land. Option to be compensated if remaining land is not viable. Access to equivalent common property resources previously accessed Additional compensation for vulnerable households. 60 days advance notice to harvest crops Compensation equivalent to three months of rental for non-agricultural tenants and leaseholders Additional compensation for vulnerable households 60 days advance notice to shift from occupied land. Relocation assistance to improved location for vulnerable displaced persons. Owner(s) with legal title Cash compensation for affected portion of the structure and other fixed assets at replacement cost Assistance in restoration/repair of the remaining structure at 20% of the compensation for If land-for-land is offered, title will be to both husband and wife, if feasible. Vulnerable households b to be identified during census survey conducted as part of the updated Resettlement Plan. Viability of land to be determined in consultation with land owner. Landowners will reimburse tenants and leaseholders land rental deposit or unexpired lease. Vulnerable households to be identified during detailed measurement surveys conducted as part of the updated Resettlement Plan. Vulnerable households to be identified during census surveys conducted as part of the updated Resettlement Plan. Vulnerable households to be identified during detailed measurement surveys conducted as part of the updated Resettlement Plan. Viability of partially identified structures to be PMU Deputy Commissione r PMU PMU PMU Local public works department Deputy Commissione r

41 Sl No Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency a affected structure Rights to salvage materials from affected structure Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.) Additional compensation for vulnerable households. determined by local public works department in consultation with building owner. B- 2 B- 3 Loss of structure fully affected or partially affected structures unviable for continued use Commercial / agricultural structure and other assets (e.g. fences, gates, wells, sheds etc) structure Loss of structure Commercial / agricultural structure and other assets (e.g. fences, gates, wells, sheds, posts etc) Owner(s) with legal title Cash compensation equivalent to replacement cost of structure Option to be compensated for entire structure if remaining structure is no longer viable. Rights to salvage materials from structure Provision of all taxes, registration costs, and other fees incurred for replacement structure. Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.) Additional compensation for vulnerable households. Tenant(s) leaseholder(s) and Cash compensation equivalent to replacement cost of structure (or part of structure) if the structure is constructed by the displaced person. Rights to salvage materials from structure. Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.). Additional compensation for vulnerable households. Vulnerable households to be identified during detailed measurement surveys conducted as part of the updated Resettlement Plan. Viability of partially identified structures to be determined in consultation with building owner. Vulnerable households to be identified during census surveys conducted as part of the updated Resettlement Plan. Structure owners will reimburse tenants and leaseholders rental deposit or unexpired lease. PMU Deputy Commissione r PMU B- 4 Loss of structure Commercial structure and other assets (e.g. fences, gates, posts) structure Encroacher(s) squatter(s) and Cash compensation equivalent to replacement cost of structure (or part of structure) constructed by the displaced person. Rights to salvage materials from structure. Vulnerable households to be identified during census surveys conducted as part of the updated Resettlement Plan. PMU 31

42 32 Sl No Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency a B- 5 Loss of crops Standing crops Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s) Shifting allowance based on actual cost of moving (e.g., truck hire, equipment, etc.). Additional compensation for vulnerable households. 60 days advance notice to harvest standing seasonal crops, If harvest / advance notice not possible, cash compensation for crops (or share of crops) equivalent to prevailing market price. Work schedule to allow harvesting prior to acquisition and avoid harvest season. Market value to be determined in consultation with agricultural department. PMU B- 6 B- 7 Loss of trees Trees, groves, plantations Loss of fish ponds, shrimp cultivation Fish ponds, shrimp farms Owner(s) with legal title Cash compensation for perennial crops and fruit bearing trees based on type, age and productive years. Cash compensation equivalent to prevailing market price of timber for non-fruit trees. Owner(s) with legal Cash compensation for yield title, tenant(s), for one season of fish / leaseholder(s) shrimp from the facility. Cash compensation for infrastructure / provisions developed within the fish pond/shrimp farm. Work schedule to allow harvesting prior to acquisition and avoid harvest season. Market value to be determined in consultation with forest department. Yield from fish ponds/shrimp farms, costs for provisions required, etc will be finalized in consultation with the fisheries department. PMU PMU C. Infrastructure / Common Property Resources / Public Buildings C- Loss of Public 1 Infrastructure/ Common Property Resources and Government Buildings Infrastructure (electricity, water supply lines, telephone lines, water tanks etc), Religious, Government buildings etc Community/ Government agencies 60 days advance notice to community / relevant government agencies. Cash Compensation at replacement cost to respective agencies / communities (or) reconstruction / restoration of the affected assets. Consultation with community and government for alternate site for reconstruction. PMU D. Livelihood D- Loss of livelihood Permanent loss of 1 livelihood/ source of income Business owner(s), agricultural land owner (s), tenant(s), leaseholder(s), employee(s), agricultural worker(s), 60 days advance notice. Assistance in finding alternate location. One time assistance for lost income based on three months lost income at Vulnerable households to be identified during census surveys conducted as part of the updated Resettlement Plan. Training allowance to be PMU

43 Sl No Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency a hawker(s)/ vendors(s) minimum wage rates (laborers, workers, etc). For agricultural landowners losing farming/fishing livelihood due to land acquisition and losing greater than 10% of total productive landholdings cash compensation equivalent to value of harvest for one season Shifting allowance and cost of reestablishing business elsewhere (cost of truck hire, equipment, etc.). Training allowance in the form of cash equivalent to short term training course. Additional compensation for vulnerable households. Consideration for project employment. paid directly to the training institute. E. Temporary Impacts E- Temporary loss of 1 land E- 2 Temporary loss of access Land temporarily acquired for the Project Temporary loss of access to land, structure, utilities, common property resource Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s) Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s) 60 days advance notice. Rental assistance for the period for which the land is temporarily required to the owners with legal title. Restoration of affected land. 60 days advance notice. Provision of temporary access and relocation where possible. Restoration of access to the land, structure, utilities. Agreement with the landowner will be worked out defining the rental assistance, and will include pre-occupation photographs of site, which will form basis to assess extent of restoration to be carried out. Extent of loss of access to be worked out based on a transect walk along the networks, and project locations. PMU PMU Contractor to restore access E- 3 Temporary loss of livelihood Temporary loss of livelihood/source of income Business owner(s), tenant(s), leaseholder(s), employee(s), agricultural worker(s), hawker(s)/ vendors(s) 60 days advance notice. Provision of alternative sites for continued economic activity. Where provision of alternative sites is not feasible, a one-time assistance for lost income for Extent of temporary loss of livelihood to be established through transect walks along the networks, upon finalization of the designs. Possible alternative locations for continued PMU 33

44 34 Sl No Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Agency a F. Vulnerable Households F- 1 Impacts on vulnerable displaced persons G. Unforeseen Losses G- Any other loss not 1 identified All impacts Vulnerable displaced persons titleholders period of disruption (21days for locations along the water supply distribution networks or for the actual period of disruption of businesses) at minimum wage rates. Land-for-land option will be a guaranteed option for vulnerable displaced persons if available. If not available, assistance in finding new land. Additional allowance equivalent to three months income at minimum wages. Preference in project employment. As identified As identified Unanticipated involuntary impacts will be documented and mitigation measures worked out in compliance with the Government s, JICA Guidelines on Environmental and Social Considerations (2002) and SPS, (2009) ADB. economic activities, especially for hawkers and vendors to be worked out in consultation with the KCC and displaced persons. Vulnerable households to be identified during census surveys conducted as part of the updated Resettlement Plan JICA = Japan International Cooperation Agency, KCC = Khulna City Corporation, PMU = Project Management Unit, SPS = Safeguard Policy Statement. a The PMU at KWASA will receive guidance and assistance from the resettlement specialist on the consultant team to ensure all compensation is provided before displacement occurs and that other entitlements are provided in timely manner. Construction activity can begin on sections where compensation is paid. The compensation to displaced persons is to be confirmed through an official letter to ADB, along with proof of disbursement of compensation to displaced persons. b Vulnerable households may include female-headed households, disable-headed households, and Below Poverty Line households. PMU PMU

45 35 C. Determination of Compensation 45. Negotiated Land Settlement. A negotiated settlement will offer adequate and fair price for land and/or other assets. The borrower/client will ensure that any negotiations with displaced persons openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions. For this purpose, the borrower/client will engage an independent external party 11 to document the negotiation and settlement processes. If negotiated land settlement is not pursued, the below processes are other options for determining replacement cost of land and assets. 46. Land. All lands proposed to be acquired under this project will be compensated as per Government, JICA and ADB policies (i.e., replacement cost). The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments. The DSC will prepare site plan overlays on the cadastral map to define the area and parcels to be acquired. This forms part of the application to the Ministry of Land (MOL). 12 The MOL will then assign the task to the concerned Deputy Commissioner in the project area. The Deputy Commissioner will then decide the cost of land in consultation with the displaced person. The land valuation process will consist of two different values (i) the sale deed record, and (ii) the expected price. The Deputy Commissioner will generate the sale deed record based on the past 12-month transactions. The Deputy Commissioner will also attempt to consult with some willing buyers or sellers in the area to collect the expected price of land. The findings of these processes are to be fully disclosed to the displaced person. Based on these rates the Deputy Commissioner will derive a price which will be the current market rate. The Deputy Commissioner will also add a 50% premium to this rate as per the Government rules. Additionally, the cost for tax and stamp duties etc. will be added as derived by the Deputy Commissioner in consultation with the displaced person which will finally be considered as the replacement cost. If the displaced person is not satisfied with this rate, he/she can raise their grievance through the Grievance Redress Mechanism. 47. Trees and Crops. The PMU in coordination with the Deputy Commissioner will conduct the survey on unit prices of trees and crops in consultation with agriculture/horticulture/forest department. The compensation for crops will be calculated based on the projected yield and current market rate. The unit prices for compensation of different species of fruit trees will be based on the market values of their fruits, and for trees producing timber this will be based according to their species, age and quality and the cost will be collected after consultation with the divisional forest office. For estimation of the Resettlement budget, the costs have been worked out based on the productivity of trees for five years, considered to be an average time taken for a fruit tree to start yielding fruits. 48. Building and Structure. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The replacement cost of structures are arrived at by assessment of market value and based on the rates for compensation of structures by the Deputy Commissioners office and the Public Works Department in Khulna. The structures have been categorized as temporary and 11 The Independent external monitor is defined as someone who is outside the day-to-day activities of the project, and could include for e.g., professor, representative of nongovernmental organization (NGO) etc. The independent monitor shall document the observations of the negotiation process and submit the same directly to ADB Project Officer. 12 The application to MOL includes a detailed statement specifying whether the land mentioned in the application is needed for public or private purpose, the area of the land, sketch-map, purpose for which it could be used.

46 36 permanent. The structures in most of the agricultural lands to be impacted are temporary in nature, and include structures including sheds, fences etc, and the compensation has been considered based on Tk500 per square foot. The compensation for permanent structures has been considered at Tk1,200 per square foot of structure. 49. Livelihood or Sources of Income. The detailed measurement census survey will gather the information on actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment. In the absence of authentic income statements as proof, the unit price will be decided mutually between the displaced person and the PMU during the survey through consultation. A one-time assistance for lost income is based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher). For agricultural landowners losing farming/fishing livelihood due to land acquisition and losing greater than 10% of total productive landholdings, cash compensation equivalent to the value of harvest for one season is provided. D. Benefits 50. The project will support the newly established Khulna Water Supply and Sewerage Authority (KWASA) for delivering water to Khulna and its surroundings. The project will support KWASA expand water services in its service area where displaced persons are part of the beneficiaries. The project will also support KWASA capital works planning for smaller projects funded by the Government, which can be implemented quickly and improve services for immediate benefits where affected persons may be beneficiaries. Moreover, displaced persons will be given preference where employment potential exists under the Project. VIII. INCOME RESTORATION AND REHABILITATION 51. The Entitlement Matrix in Table 15 provides details of all entitlements for compensation, relocation, and income restoration for displaced persons. The displaced persons who are cultivating their land for crops or fish/shrimp will be given sufficient advanced notice to harvest their crops (60 days); and if harvest in that time is not possible, they will be compensated for the loss of the standing crops and/or fish/shrimp harvest and fruit bearing trees at their current market value. Additional assistance for those landowners experiencing major impacts defined as losing greater than 10% of their productive landholdings is also provided. The PMU will provide assistance to those farmers/fishermen and laborers who require assistance in either reestablishing livelihood or require compensation during period of disturbance. 52. Short and medium term income restoration and livelihood assistance includes the following: (i) (ii) (iii) PMU to assist displaced persons in identifying new agricultural lands for purchase or lease to continue agricultural livelihood; Cash compensation equivalent to value of harvest (crops and/or fish) for one season to those agricultural landowners losing greater than 10% of total productive (income generating) landholdings; Shifting allowance for households based on actual cost of moving/unloading;

47 37 (iv) (v) (vi) (vii) PMU to help link displaced persons to vocational institutes wherein the PMU will pay 13 for a 3-month training course to those seeking skill development, including alternative cropping methods or other new skills of their preference (assumed at Tk4,000/person/household); 14 PMU to help link displaced persons to employment opportunities through referrals or assistance in seeking jobs (e.g., local job postings, etc.). The PMU will also identify the required skills for the construction activities under the Project prior to the commencement of the construction and link them to project employment wherever possible; In addition to the above entitlements, vulnerable groups will receive additional allowance equivalent to three months income at minimum wages, for restoring or enhancing their livelihood, as well as preference in project related works; and For linear works, temporary loss of income to shops and businesses due to disturbance caused by construction will be compensated for those located in areas subject to full street closure based on actual income (if verifiable) or minimum wage rates (whichever is higher) for the entire period of disruption (typically days). IX. RESETTLEMENT BUDGET AND FINANCING PLAN 53. The resettlement cost estimate for the project (Table 17) includes eligible compensation, resettlement assistance as outlined in the Entitlement Matrix, and support cost for Resettlement Plan implementation. The Government financing will provide funds to support all land acquisition and compensation for lost assets, while ADB financing will cover other assistance costs (livelihood and income rehabilitation, shifting assistance, training, etc.) and implementation support of the Resettlement Plan for both ADB and JICA components. The total resettlement cost for the project is USD5.926 million. 54. The cost items 15 are outlined below: (i) Compensation for Land; (ii) Compensation for trees (fruit bearing and timber trees); (iii) Compensation for structures (Hawkers/Vendors) and other immovable assets at their replacement cost; (iv) Assistance for stamp duty etc for legal titleholders for land acquisition; (v) Shifting allowance for households based on actual cost of moving/unloading; (vi) Additional assistance for agricultural landowners greater than 10% of total productive landholdings, cash compensation equivalent to value of harvest (crops and/or fish) for one season; (vii) Training allowance to those seeking skill development at Tk4,000/person/household; (viii) For linear works, temporary loss of income to shops and businesses due to disturbance caused by construction will be compensated for those located in areas subject to full street closure based on actual income (if verifiable) or minimum wage rates (whichever is higher) for the entire period of disruption (typically days); 13 The project will directly pay the training institutes for the number of persons enrolled for training. 14 This allowance will pay for training fees and short term courses. For short-term (3-day course) including training materials and daily subsistence allowance. 15 Rates for cost estimation are detailed in Appendix 9.

48 38 (ix) (x) Vulnerable persons allowance assumed at three months income at minimum wages for restoring or enhancing their livelihood; and Implementation costs including external expert for negotiated land settlements, and external validator of monitoring reports. 55. The resettlement plan is based on a sample survey of nearly 40% of the total land owners. The entitlements for these displaced persons have been worked out in line with the actual impacts assessed based on land records data and the socioeconomic information of the households surveyed. For those households not surveyed, the compensation required has been worked out based on the land records (land holding size, nature of lands etc), the compensation of trees and crops has been based on the ground verification surveys, the scaling up of other impacts in proportion to the survey findings, including assessment of vulnerability, assistance required etc. The costs will be updated based on a full census of displaced persons after the detailed measurement survey has been completed but before any land acquisition. Adequate contingency funds are built into the costs as well as the overall project costs to ensure adequate funds are available if additional resettlement identified during project implementation. Table 16 provides a summary of entitlements for the displaced persons surveyed. Table 17 presents a summary of land acquisition and resettlement costs under the project to be financed by the Government and ADB.

49 Table 16: Summary of Entitlements for Displaced Persons Surveyed (JICA and ADB Components) No. Name of the Displaced Person a Land value b Stamp duty c Compensation for trees d Shifting allowance e Livelihood allowance f Training allowance g A. Intake at Mollarhat (JICA component) 1 324,000 32, , ,809, , , ,161, , , ,349, , , ,000 67, , ,000 67, ,000 50,000 12, ,000 35, , Sub-total 7,344, , ,000 50,000 12,000 B. Impounding reservoir and SWTP (JICA component) 1 1,329, , ,000 98,480 12, ,900, , , ,880 12, ,954, , , ,880 12, ,000 18, ,000 14,000 12, ,036, , ,000 76,760 12, ,623, , ,000 3, ,409 12, ,000 54,000 1,216,000 3,000 40,000 12, ,000 37,800 2,168,000 3,000 28,000 12, ,000 81, , ,238, ,800 3,388,000 3, ,000 12, ,000 81, ,000 60,000 12, ,000 86,400 72,000 3,000 64,000 12, ,165, ,560 16,000 3, ,489 12, ,659, , , ,940 12, ,329, , ,000 98,480 12, ,000 45,900 56,000 3, ,809, , , ,000 12, ,000 81, , ,500 17, , ,375, , , ,920 12,000 39

50 40 No. Name of the Displaced Person a Land value b Stamp duty c Compensation for trees d Shifting allowance e Livelihood allowance f Training allowance g ,000 86, ,000 64,000 12, ,390 85, , ,000 45,900 56,000 3, ,150 52, ,000 38,900 12, ,304, , , ,674 12, ,041, , ,000 3, ,244 12, ,350, , , ,000 12, ,699, , , ,000 12, ,000,000 8,100, ,000 6,000,000 12, ,010 12, , ,885, , , ,760 12, ,885, , , ,760 12, ,826,100 1,982, ,000 1,468,600 12,000 Sub-total 164,964,279 16,496,428 7,816,000 99,000 10,858, ,000 C. Underground Reservoirs and Overhead Tanks (ADB component) 1 34,000,000 3,400, , ,000 12, ,600, , ,000 3,000 66,000 12, ,800, ,000 28,000 3,000 28,000 12,000 Sub-total 43,400,000 4,340,000 15,956,000 9, ,000 36,000 ADB = Asian Development Bank, JICA = Japan International Cooperation Agency, SWTP = surface water treatment plant. a Names of private persons taken out due to privacy reasons. b Based on average land rates (market prices) of different Moujas (for the various project components) by Sub-Registry Offices, Khulna, c Considering 10% of the land rates as the stamp duty. d Based on the yield of fruit trees for a period of five years, which has been considered as the time required for a tree to start yielding fruits considered at 4000 taka per tree. e Rate of Tk3,000, based on the daily rent for a mini-tempo to shift any assets/salvagable materials to other location within 20 km. f Based on the productivity of one acre of equivalent land in the project area. Fish ponds result in annual incomes of about 200,000 taka per acre. g Fee to the training Tk4,000 per month for 3 months, i.e, Tk12,000 per person has been considered.

51 41 Table 17: Summary of Estimated Land Acquisition and Resettlement Costs Item BTK USD A. Land and Assets A.1 Land JICA Land 178,418,700 2,548,839 JICA Stamp 17,841, ,884 Subtotal (JICA) 196,260,570 2,803,722 ADB Land 138,326,407 1,976,092 ADB Stamp 13,832, ,609 Subtotal (ADB) 152,159,048 2,173,701 TOTAL 348,419,618 4,977,423 A.2 Assets (Trees/Structures) JICA Trees 35,568, ,114 JICA Structure 2,575,000 36,786 Subtotal (JICA) 38,143, ,900 ADB Trees 324,000 4,629 ADB Structures 1,710,000 24,429 Subtotal (ADB) 2,034,000 29,057 TOTAL 40,177, ,957 TOTAL A 388,596,618 5,551,380 B. ASSISTANCE B.1 Assistance JICA Shifting assistance 333,000 4,757 JICA Agricultural tenants and leaseholders 192,000 2,743 JICA Skills training assistance 1,200,000 17,143 JICA Assistance for loss of agricultural income - major impacts 11,000, ,143 Government Financing JICA Assistance to Vulnerable Households 675,000 9,643 Subtotal (JICA) 13,400, ,429 ADB Shifting assistance 21, ADB Training Assistance 72,000 1,029 ADB Assistance for loss of income - major impacts 1,094,000 15,629 ADB Assistance to Vulnerable Households 81,000 1,157 Subtotal (ADB) 1,268,000 18,114 TOTAL 14,668, ,543 B.2 Temporary Impacts JICA Compensation for structure loss, within ROW due to laying of distribution networks JICA Assistance to hawkers/vendors with no alternative locations - for the period of disruption 96,000 1,371 90,000 1,286 Subtotal (JICA) 186,000 2,657 ADB Compensation for structure loss, within RoW due to laying 5,652,000 80,743 of distribution networks ADB Assistance to hawkers/vendors with no alternative locations - for the period of disruption 5,139,000 73,414 Subtotal (ADB) 10,791, ,157 TOTAL 10,977, ,814 TOTAL B 25,645, ,357 C. Resettlement Plan Implementation Support (ADB) ADB Financing

52 42 Item BTK USD Independent External Monitor (national) 630,000 9,000 TOTAL C 630,000 9,000 TOTAL B+C 26,275, ,357 GRAND TOTAL 414,871,618 5,926,737 ADB = Asian Development Bank, BTK = Bangladesh Taka, JICA = Japan International Cooperation Agency, ROW = right of way, USD = United States Dollars. 56. The detailed land acquisition and resettlement budgets for JICA and ADB components as prepared in accordance with the entitlement matrix are presented in Appendix 9. Other Resettlement Plan implementation costs include consultant support costs for the initial start-up period which will be covered under the proposed ADB bridging technical assistance and the DSC resettlement specialists (both national and international) which are covered under the DSC consultant costs (Appendix 9). X. INSTITUTIONAL ARRANGEMENTS I. Project Management Unit (PMU) 57. The Khulna WASA will be the Executing Agency responsible for overall guidance and project implementation. A PMU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the project, including both JICA and ADB components. Land acquisition and resettlement for both JICA and ADB components are considered together for implementation purposes. The PMU will be responsible for day-to-day monitoring of both ADB and JICA components and will ensure compliance with the statutory and legal requirements of the Government, JICA, and ADB. The PMU will prepare and submit an updated Resettlement Plan and quarterly monitoring reports to JICA and ADB. 16 The quarterly monitoring reports are to be included with the quarterly project reports. 58. At present, the capacity on safeguards planning and implementation at KWASA is not adequate to handle safeguard implementation. To ensure effective implementation of the land acquisition and resettlement aspects as outlined in this Resettlement Plan, a PMU resettlement safeguard officer will be recruited to oversee Resettlement Plan implementation for both JICA and ADB components. The DSC Resettlement Specialists (1 national and 1 international) will train and assist the PMU to ensure smooth implementation and monitoring of the Resettlement Plan. Furthermore, an individual resettlement safeguard consultant and field surveyor will be recruited separately under an ADB supported bridging technical assistance to conduct the detailed measurement survey, distribute identification cards, and help the PMU in initial capacity support. Figure 6 shows the project organization. The institutional roles and responsibilities are detailed in Table Although ADB requires semiannual reporting, the Resettlement Plan monitoring reports will be included with the overall project quarterly reports, allowing ADB and JICA to closely monitor the impacts given the scale of the land acquisition, resettlement, and low capacity of the executing agency. One monitoring report will record progress for both JICA and ADB components.

53 43 Table 18: Institutional Roles and Responsibilities S.No Activity Responsibility A. Project Initiation Stage and Institutional Setup A.1 Formation of PMU KWASA A.2 Finalization of sites for the Project PMU/DSC A.3 Disclosure of proposed land acquisition and Project details by PMU issuing Public Notice A.4 Meetings at community/household level with displaced persons PMU A.5 Capacity building training DSC/IRS B. Resettlement Plan Updating and Implementation B.1 Detailed measurement survey/census of 100% displaced persons (after Section 3) PMU/Deputy Commissioner B.2 Survey on unit prices for computing replacement costs PMU/Deputy Commissioner B.3 Screening of vulnerable displaced persons PMU B.4 Calculation of compensation and entitlements PMU/Deputy Commissioner B.5 Update of Project Resettlement Plans and submit to ADB for review B.6 Consultations with displaced persons on entitlements and project schedule. Disclosure of the resettlement plan to the affected persons. PMU PMU B.7 ADB website disclosure ADB B.8 Detailed Schedule for compensation action plan PMU B.9 Award of checks for compensation (land and assets) PMU B.10 Distribution of Relocation Notices to displaced persons PMU B.11 Confirm to ADB when payment to displaced persons has been PMU completed. B.12 Displacement of displaced persons B.13 Permission to contractor to begin works B.14 Income Restoration Program and Training PMU B.15 Grievances redressal PMU B.16 Internal monitoring PMU B.17 Review of Resettlement Plan Implementation by external expert through a compliance report for projects with significant impacts B.18 If Resettlement Plan Implementation found satisfactory, Notice to proceed for Civil works is issued PMU ADB = Asian Development Bank, DSC = Design and Supervision Consultants, IRS = International Resettlement Specialist, KWASA = Khulna Water Supply and Sewerage Authority, PMU = Project Management Unit. IRS

54 44 Figure 6: Organization Chart for Resettlement Plan Implementation ADB and JICA KWASA ADB Bridging TA Consultant (for ADB and JICA components) 1 Resettlement Specialist 1 Surveyor (Detailed Measurement Survey) PMU Resettlement Officer (ADB and JICA components) Displaced Persons DSC 1 International and 1 National Resettlement Specialist ADB = Asian Development Bank, DSC = Design and Supervision Consultant, JICA = Japan International Cooperation Agency, KWASA = Khulna Water Supply and Sewerage Authority, PMU = Project Management Unit, TA = technical assistance. XI. IMPLEMENTATION SCHEDULE 59. A composite implementation schedule for land acquisition and resettlement activities in the project including various sub tasks and time line matching with civil work schedule is provided in Table 19.

55 Activity 1. Preparatory Stage Table 19: Resettlement Plan Implementation Schedule Establishment of PMU Appointment of PMU Resettlement Officer Bridging TA Resettlement Specialist and Surveyor Formation of GRC at PMU level 2. Updating Resettlement Plan Detailed Census surveys including identification card distribution Months Ongoing consultations Determine compensation and assistance Updating Resettlement Plan Resettlement Plan review and approval (PMU and ADB). All draft Resettlement Plans must be submitted to ADB for clearance prior to commencement of civil works.. Disclosure of the final Resettlement Plan to displaced persons and on ADB website 3. Resettlement Plan Implementation Stage Issue notice to displaced persons according to the Government s rules Disbursement of compensation (before displacement occurs) Relocation as required Written confirmation to ADB from PMU when payment to displaced persons has been completed. Takeover possession of acquired property Handover land to contractors Start of the Civil Work Skills training as required for income/livelihood restoration 4. Intermittent Activity (Monitoring and GRM) Internal monitoring External Validation Grievance Redress ADB = Asian Development Bank, GRC = Grievance Redress Committee, GRM = Grievance Redress Mechanism, PMU = Project Management Unit, TA = technical assistance. 45

56 46 XII. MONITORING AND REPORTING 60. The PMU will submit quarterly monitoring reports to ADB and JICA as part of the quarterly project reporting. The internal monitoring by PMU will include: (i) administrative monitoring to ensure that all compensation as per the Resettlement Plan are paid and implementation is on schedule and problems are dealt with on a timely basis, (ii) socioeconomic monitoring during and after the relocation process to ensure that people are settled and recovering, and (iii) overall monitoring whether recovery has taken place successfully and on time. 61. Monitoring will also include the following: (i) (ii) (iii) (iv) (v) Consultations with displaced persons; Valuation of land and assets; Issues raised through the grievance redress mechanism; Status of disbursement of compensation amounts and all assistance; and Progress of the Resettlement Plan implementation. 62. The indicators for achievement of objectives during Resettlement Plan implementation are of two kinds such as (i) process indicators (indicating project inputs, expenditure, staff deployment, etc.); and (ii) output indicators: indicating results in terms of numbers of displaced persons compensated, number of displaced persons provided with skills training, etc. Sample monitoring indicators are given in Appendix 10. Input and output indicators related to physical progress of the work will include items such as: (i) training of Executing Agency and other staff completed; (ii) census, assets inventories, assessments and socioeconomic studies completed; (iii) grievance redress procedures in place and functional; (iv) compensation payments disbursed; (v) relocation of displaced persons completed; (vi) project employment provided to displaced persons; (vii) infrastructure rehabilitated or constructed; (viii) income restoration activities initiated; (ix) skills training of displaced persons initiated; (x) number of households displaced and resettled; and (xi) monitoring and evaluation reports submitted. A. External Monitoring 63. The International Resettlement Specialist will validate all findings of the monitoring report to ensure smooth and effective implementation of the Resettlement Plan. This will include an annual independent assessment and report submitted to the Executing Agency. The Executing Agency will then submit the external monitoring report to ADB during the period of Resettlement Plan implementation.

57 Appendix 1 47 Sl. No. ADB s SPS (2009) 1 Involuntary resettlement should avoided wherever possible be 2 Minimize involuntary resettlement by exploring project and design alternatives 3 Conducting census of displaced persons and resettlement planning 4 Carry out meaningful consultation with displaced persons and ensure their participation in planning, implementation and monitoring COMPARISON BETWEEN THE GOVERNMENT, ADB, AND JICA LAND ACQUISITION AND RESETTLEMENT POLICIES JICA Guidelines for Environmental and Social Considerations (2002) Guidelines include that involuntary resettlement and loss of means of livelihood are to be avoided when feasible by exploring all alternatives. The guidelines specify that, if after examination of all viable alternatives, avoidance is proved unfeasible, effective measures to minimize impact and to compensate for losses will be agreed upon with the affected people. Though do not specifically include provision for Census of displaced persons, the guidelines specify preparatory surveys for projects for social impacts. Prior to the implementation of preparatory surveys, JICA conducts field surveys and collects opinions and information from stakeholders for Category A projects. It also does so, if necessary, for Category B projects. Guidelines provide for appropriate participation by affected people and their communities in the planning, implementation and monitoring of resettlement action plans and measures. Acquisition and Requisition of Immovable Property Ordinance (ARIPO) of 1982 Not defined in the ARIPO Not so clearly defined in the ARIPO. Sections 3 and 18 exempt the acquisition of property used by the public for religious worship, public or educational institutions, graveyards and cremation grounds. The ARIPO spells out that Upon approval of the request for land by the Office Deputy Commissioner, its own staff will conduct the physical inventory of assets and properties found in the land. The inventory form consists the name of person, quantity of land, the list of assets affected, the materials used in the construction of house. The cut-off date is the date of publication of notice that land is subject to acquisition, and that any alteration or improvement thereon will not be considered for compensation. Section 3 of the ordinance provides that whenever it appears to the Deputy Commissioner that any property is needed or is likely to be needed for any public purpose or in the public interest, he will publish a notice at Remarks (Gaps between ARIPO, JICA, and ADB s policies and Action Taken in the to Bridge the Gap) The ordinance does not deal with the minimization of involuntary resettlement. However, the Government uses this approach as a standard practice. The ordinance does not deal with these issues and it does not comply with ADB s and JICA s policies as the ARIPO has no provision for minimizing adverse impacts on private property or common resources, and does not deal with alternate design. The Resettlement Plan clearly defines the procedures as to how to minimize the involuntary resettlement through proper alternate engineering design and adequate consultation with stakeholders. The ARIPO does not define the census survey. It only reflects on the Inventory of Losses (IOL) which is more in physical terms and only includes the names of the owners etc. The ADB policy spells out a detailed census through household surveys of APs in order to assess the vulnerability and other entitlements as under. This gap has been addressed through incorporating the need of census survey for the displaced persons. The ARIPO does not directly meet ADB s and JICA s requirements. This section of the Ordinance establishes an indirect form of public consultation. However it does not provide for public meetings and project disclosure, so stakeholders are not informed about the purpose of land acquisition, its proposed use, or compensation, entitlements, or special

58 48 Appendix 1 Sl. No. ADB s SPS (2009) of resettlement program 5 Establish grievance redress mechanism JICA Guidelines for Environmental and Social Considerations (2002) The procedure for Resettlement Plan preparation includes the need for holding consultations with the affected people and their communities. The guidelines provide for appropriate participation by affected people, and establishment of appropriate and accessible grievance mechanisms for the affected people and their communities. Acquisition and Requisition of Immovable Property Ordinance (ARIPO) of 1982 convenient places on or near the property in the prescribed form and manner stating that the property is proposed for acquisition. Section 4 allows the occupant of the land to raise objections in writing. These should be filed to the Deputy Commissioner within 15 days after the publication. The Deputy Commissioner will then hear the complaints and prepare a report and record of proceedings within 30 days following expiry of the 15 day period given to affected persons to file their objections. Remarks (Gaps between ARIPO, JICA, and ADB s policies and Action Taken in the to Bridge the Gap) assistance measures. The Resettlement Plan for the project has been prepared following a consultation process which involves all stakeholders (affected persons, Government Department/Line Agencies, local community, NGO etc) and the consultation will be a continuous process at all stages of the project development such as project formulation, feasibility study, design stage, implementation and post implementation phase including the monitoring phase. The Section 4 provision is consistent with ADB's and JICA s grievance and redress requirements. The Resettlement Plan has a special provision for Grievance procedures which includes formation of a Grievance Redress Committee and includes appointment of an arbitrator and publication of the notice of hearings and the scope of proceedings. 6 Improve or at least restore the livelihoods of all displaced persons The guidelines specify that host countries must make efforts to enable people affected by projects to improve the standard of living, income opportunities and production levels, or at least restore these to pre-project levels. The ARIPO does not address the issues related to income loss, livelihood or loss to the non-titleholders. This only deals with the compensation for loss of land, structures, buildings, crops and trees etc for the legal titleholders. ARIPO does not comply with ADB and JICA s policies as there is also no provision to assess the impacts on incomes and livelihood from the loss of employment and business or to restore lost incomes and livelihoods. The Resettlement Plan for this project keeps the provision for a census survey will have the data on the loss of income and livelihood and the same will be compensated as per the entitlement matrix for both physically and economically affected persons. The ARIPO does not meet the requirement of ADB and JICA. Though this option may be a difficult proposition given the lack of government lands and the difficulties associated with the acquisition of private lands, the Resettlement Plan proposes the land for land compensation as its priority, if feasible. Attempt will be made to find alternate land for the loss of land in case it is available and if it is feasible looking at 7 Land based resettlement strategy The guidelines include provision of land for land option as a mitigation measure to address hindrance or loss of livelihood. The ARIPO does not address these issues.

59 Appendix 1 49 Sl. No. ADB s SPS (2009) JICA Guidelines for Environmental and Social Considerations (2002) Acquisition and Requisition of Immovable Property Ordinance (ARIPO) of 1982 Remarks (Gaps between ARIPO, JICA, and ADB s policies and Action Taken in the to Bridge the Gap) 8 All compensation should be based on the principle of replacement cost 9 Provide relocation assistance displaced persons to The guidelines recommend prior compensation at full replacement cost, to be provided, as much as possible. The guidelines include the provision of expenses necessary for relocation and reestablishment of communities at the resettlement sites. The ARIPO states that the Deputy Commissioner determines the amount of compensation by considering: (i) the market value of the property based on the average value during the 12 months preceding the publication of notice of acquisition; (ii) the damage to standing crops and trees; (iii) damage by severing such property from the other properties of the person occupying the land; (iv) adverse effects on other properties, immovable or movable and/or his earnings; and (v) the cost of change of place of residence or place of business. The Deputy Commissioner also awards a sum of 50% on the market value of the property to be acquired. No mention of relocation assistance to affected persons in ARIPO. the concurrence of host community and land value. ARIPO is largely consistent with ADB and JICA policy. However there are differences in the valuation of land and prices of affected assets, where ADB and JICA prescribe the use of current market rates in the project area. The Ordinance does not ensure replacement value or restoration of pre-project incomes of the affected persons. The Resettlement Plan addresses all these issues and spells out a mechanism to fix the replacement cost by having an independent evaluator who will be responsible for deciding the replacement costs. The ARIPO does not define the additional relocation assistance to affected persons other than the compensation for the direct loss of land and property. Hence, ARIPO does not comply with ADB and JICA. The Resettlement Plan provides the eligibility and entitlement for the relocation of the affected persons in the form of relocation assistance which includes shifting allowances, right to salvage materials and additional transitional assistance for the loss of business and employment. The ARIPO does not comply with ADB and JICA. This is a major drawback of the national law/policy compared to that of ADB and JICA. The ARIPO only takes in to consideration the legal titleholders and ignores the nontitleholders. The Resettlement Plan ensures the compensation and assistance to all affected persons whether physically displaced or economically displaced irrespective of their legal status. The end of the census survey will be considered to be 10 Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. The guideline does not specifically recognize non-titleholders or affected persons without titles or rights to land, but that all persons losing land, income, livelihood, etc should be compensated to restore these losses. The ARIPO does not have this provision

60 50 Appendix 1 Sl. No. ADB s SPS (2009) JICA Guidelines for Environmental and Social Considerations (2002) Acquisition and Requisition of Immovable Property Ordinance (ARIPO) of 1982 Remarks (Gaps between ARIPO, JICA, and ADB s policies and Action Taken in the to Bridge the Gap) the cut-off date and affected persons listed before the cut-off-date will be eligible for assistance. 11 Disclose the resettlement plan, including documentation of the consultation in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. The guidelines include development of frameworks with project proponents etc. in order to ensure information disclosure. The information to be disclosed includes that of environmental and social considerations. JICA supports project proponents etc. in the preparation of documents in an official or widely used language and in a form understandable by local people. JICA discloses information on its website in Japanese, English, and/or local languages, and provides related reports for public reading at its library and at related overseas offices. The Ordinance only ensures the initial notification for the acquisition of a particular property ARIPO does not comply with ADB s SPS-2009 as there is no mention of disclosure of resettlement plan. The Resettlement Plan ensures that the resettlement plan along with the necessary eligibility and entitlement will be disclosed to the affected persons in the local language (Bengali) in the relevant project locations and concerned government offices and the same resettlement plan will also be disclosed in the Executing Agency s website and in the website of ADB and JICA. 12 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project s costs and benefits. The guidelines include the same. The inclusion of environmental and social costs in development costs and the social and institutional framework that makes such inclusion possible are crucial for sustainable development. Internalization and an institutional framework are requirements for measures regarding environmental and social considerations, and JICA is required to have suitable consideration for environmental and social impacts. ARIPO has a provision to include all the cost related to land acquisition and compensation of legal property and assets. However, it does not take in to account the cost related to other assistance and involuntary resettlement ARIPO partially meets the requirement of ADB and JICA as it only deals with the cost pertaining to land acquisition. The Resettlement Plan provides the eligibility to both titleholders and nontitleholders with compensation and various kinds of assistances as part of the resettlement packages and the entire cost will be the part of the project cost.

61 Appendix 1 51 Sl. No. ADB s SPS (2009) JICA Guidelines for Environmental and Social Considerations (2002) Acquisition and Requisition of Immovable Property Ordinance (ARIPO) of 1982 Remarks (Gaps between ARIPO, JICA, and ADB s policies and Action Taken in the to Bridge the Gap) 13 Pay compensation and provide other resettlement entitlements before physical or economic displacement. 14 Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons. The guidelines provide that prior compensation, at full replacement cost, must be provided to people who are resettled involuntarily and people whose means of livelihood will be hindered or lost. The guidelines include provisions for monitoring and assessment of resettlement outcomes of the projects. Over a certain period of time, JICA confirms with project proponents etc. the results of monitoring the items that have significant environmental impacts. This is done in order to confirm that project proponents etc. are undertaking environmental and social considerations for projects that fall under Categories A, B, and FI. In addition, when necessary, Also, when necessary, JICA may request the cooperation of project proponents etc. in conducting its own investigations in order to confirm the state of the undertaking of environmental and social considerations. ARIPO has the provision that all the compensation will be paid prior to possession of the acquired land. This is not clearly defined in ARIPO. ARIPO meets the requirement of ADB and JICA. ARIPO does not comply with ADB and JICA safeguards policies. The Resettlement Plan has a detailed provision for monitoring system within the Executing Agency. The Executing Agency will be responsible for proper monitoring of the resettlement plan implementation and the internal monitoring will also be verified by an external expert ADB = Asian Development Bank, ARIPO = Acquisition and Requisition of Immovable Property Ordinance 1982, IOL = Inventory of Losses, JICA = Japan International Cooperation Agency, NGO = nongovernmental organization, SPS = Safeguard Policy Statement.

62 52 Appendix 2 A. Census Requirement and Contents DETAILED MEASUREMENT SURVEY GUIDELINES 1. Census of households and individuals located within the subproject has to be undertaken to register and document the status of potentially affected population within the subproject impact area. It will provide a demographic overview of the population covered by the Resettlement Plan and profiles of household assets and main sources of livelihood. It will cover 100% of the potentially affected population within the subproject impact area. (i) (ii) (iii) (iv) (v) Resource Base. The resource base including land, water, and forest, etc., with an assessment of its development and ecological potential in the pre-project conditions. During the conduct of the census, legal boundaries of affected properties and the right of way (ROW) are to be verified. Structures, trees and other assets are to be recorded. Economy Base. The economy base of the affected people including the modes and magnitude of production, consumption pattern, related economic institutions. Household Census. Household census covering immovable property owned by the displaced persons and other resources in their possession/use. These surveys would be carried out in association with local and host communities as well as with the local representatives. Social Structures. The social structure, norms, customs, cultural centers, traditions, patterns of leadership and institutions of social network. Displaced Persons. The census will identify tenants, leaseholders, sharecroppers, encroachers, squatters, and agricultural workers. During such census, those displaced persons dependent on the existing infrastructure link for their livelihood, will also be identified and listed along with their identified income. Besides this, the census will also identify displaced persons who are from vulnerable groups. B. Census Procedures 2. The following procedure is to be adopted in carrying out the census: (i) Preliminary screening to provide initial information on social impacts; (ii) Verification of legal boundaries of the subproject area, to document existing structures, land plots, and others physical assets. This involves: (a) Identification of suitable resettlement sites, in close proximity to the affected area if required; (b) All encroachments, private land holdings and others assets in the subproject area is to be documented; (c) Assets, structures, land holdings, trees, etc. to be recorded; and (d) All information is to be computerized; photography to be used to document existing structures. (iii) The baseline socio-economic survey will cover information on the various categories of losses and other adverse impacts likely under the sub-project; (iv) The census will identify potentially affected populations with special attention to vulnerable groups; and (v) Assessment on the value of various assets to be made.

63 Appendix 2 53 C. Database Management 3. Data Sources. As a pre-requisite for conducting the primary household surveys, relevant information is to be collected from secondary sources. These include: (i) (ii) (iii) (iv) Revenue records maintained, with regard to land particulars for facilitating acquisition of properties and resettlement of displaced; Census records for demographic information; Development agencies to get information on various development programs for special sections of population like those living below poverty line, Scheduled Tribes, Schedule Castes, etc.; and Local organizations including NGOs in order to involve them and integrate their activities in the economic development programs of the displaced population. 4. Data Collection. Household level contacts and interviews with each affected family for completing the household socio-economic profile. Each of the households surveyed and the structure/land likely to be affected by the subproject has to be numbered, documented and photographed. Public consultation exercises in different subproject areas to be conducted with the involvement of displaced persons. In these exercises, women among the displaced persons are to be involved to elicit their views and options on the overall planning of resettlement activities. Discussions with a cross-section of displaced persons will help towards understanding the problems and preference of the displaced persons. 5. Data Analysis. The analysis would cover the following: population, population density, age, sex ratio, literacy rates/education, gender issues, tribal issues, religious groups, income, occupation and poverty line. 6. Data Update. Since there is generally a time gap between the census and land acquisition procedure, it implies that actual physical relocation of displaced persons may be delayed. Therefore, it is suggested that PIU responsible for implementation of Resettlement Plan along with PMU, should conduct a rapid appraisal to continuously update information.

64 54 Appendix 3 SAMPLE IDENTIFY (ID) CARD FOR ENTITLED PERSONS SAMPLE IDENTITY CARD (NON-TITLE HOLDERS) NAME OF THE SUBPROJECT: CRDP DATE: Sl. No Address: Property Identification Number Name of Head of the Entitled Family & Members Relationship with the Family head Age (years) Sex ( M / F ) Allowances-1 (Shifting) Allowances-2 (Transitional) Allowances-3 (Income Restoration-Training) Allowances-4 (Vulnerable) Total Allowances Occupation Monthly Income Vulnerable / Non Vulnerable Total Affected Area in Sqm. Type of Loss Type of Structure Displaced / Not displaced Compensation Total cost of structure Total Amount ( Tk )- Compensation+Allowance Remark PHOTOGRAPH TOTAL=

65 Appendix 4 55 LAND DETAILS FOR PROPOSED WATER INTAKE POINT Location: Bagerhat District, Mollahat Thana, Garfa Mouza Sl. No. SA Dag No. Name of Owner(s) a Land Area (Acre) Land Owner S.No , ,4, 5, , 9, , 12, 13, ,20,21,22, 23, 24, 25 a , 26, 27, 28, 29, 30 Total Names of private persons taken out due to privacy reasons.

66 Proposed Site for Intake Structure Location Map 56 Appendix 4

67 LAND DETAILS PROPOSED FOR SURFACE WATER TREATMENT PLANT AND IMPOUNDING RESERVOIR Location: Khulna District, Rupsha Thana, JL No. 36 & 35, Sheet No. 1, 2 & 4, & Tilok Mouzas 57 Appendix 5 Sl. No. Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Area (Acre)

68 Sl. No Mouza Name SA Dag (Land Unit) No Name of Owner(s) a Area (Acre) Appendix 5

69 Appendix 5 59 Sl. No. Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Area (Acre)

70 Sl. No Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Area (Acre) Appendix 5

71 Sl. No. Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Area (Acre) Appendix 5 61

72 Sl. No Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Total 73 Area (Acre) 62 Appendix 5 Total in acre = Tilok Tilok Tilok Tilok Tilok

73 Sl. No. Mouza Name SA Dag (Land Unit) No. Name of Owner(s) a Area (Acre) a 113 Tilok Tilok Total in acre = 1.34 Names of private persons taken out due to privacy reasons. Note: Landowners name that appear in bold are those who have been surveyed as part of the Resettlement Plan preparation. The socioeconomic profile and impacts of these surveyed landowners are presented in the Resettlement Plan. Appendix 5 63

74 64 Appendix 5