IND: Northeastern Region Capital Cities Development Investment Program Aizawl Water Supply and Sewerage Subproject

Transcription

1 Resettlement Plan December 2011 IND: Northeastern Region Capital Cities Development Investment Program Aizawl Water Supply and Sewerage Subproject Prepared by State Investment Program Management and Implementation Unit (SIPMIU), Urban Development Department, Government of Mizoram Northeastern Region Capital Cities Development Investment Program (NERCCDIP) for the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 29 June 2011) Currency unit rupee (INR) INR1.00 = $ $1.00 = INR ABBREVIATIONS ADB : Asian Development Bank AH : Affected Household AP : Affected Person BPL : Below Poverty Line CPR : Common Property Resource DSMC : Design Supervision and Management Consultancy Services EA : Executing Agency FGD : Focus Group Discussions FHH : Female Headed Households GoI : Government of India GRC : Grievance Redressal Committee HH : Household INR : Indian National Rupee IP : Indigenous Peoples LA : Land Acquisition NGO : Non-Government Organizations NRRP : National Resettlement and Rehabilitation Policy NERCCDIP : North Eastern region Capital Cities Development Programme PRA : Participatory Rural Appraisal RO : Resettlement Officer RP : Resettlement Plan SC : Schedule Caste ST : Schedule Tribe SIPMIU : State Investment Programme Management and Implementation Unit TORs : Terms of Reference UDHD : Urban Development and Housing Department WHH : Women Headed Household WEIGHTS AND MEASURES cm centimeter dba decibels dia. diameter ha Hectare kg kilogram km kilometer l liter m Meter m 2 square meter m 3 cubic meter mg/l Milligrams per liter

3 ml milliliter MLD million liters per day mm millimeter sq. km. square kilometers sq. m. square meters μg/m 3 micrograms per cubic meter NOTE In this report, $ refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

4 CONTENTS Page EXECUTIVE SUMMARY I. PROJECT DESCRIPTION 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 1 III. SOCIOECONOMIC INFORMATION AND PROFILE 4 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 5 V. GRIEVANCE REDRESS MECHANISMS 6 VI. POLICY AND LEGAL FRAMEWORK 6 VII. ENTITLEMENT, ASSISTANCE, AND BENEFITS 7 VIII. RELOCATION OF HOUSING AND SETTLEMENTS 9 IX. RESETTLEMENT BUDGET AND FINANCIAL PLAN 10 X. INSTITUTIONAL ARRANGEMENTS 11 XI. IMPLEMENTATION SCHEDULE 11 XII. MONITORING AND REPORTING 11 APPENDIXES 1. No Objection Certification and Notification Summary of Consultations Summary Policy Framework Copy of Identity Cards Sample Monitoring Indicators and Status Report 31

5 EXECUTIVE SUMMARY 1. Background: The Northeastern Region Capital Cities Development Investment Program (NERCCDIP) is expected to contribute to achieve sustainable urban services in the project cities of Agartala, Aizawl, Kohima, Gangtok, and Shillong. This is a water supply and sewerage subproject, part of Tranche 2, involving the following components: (i) construction of three ground level RCC zonal tanks; (ii) extension of main feeder pipe lines (24 km), rehabilitation of existing secondary and tertiary networks (52 km), extension of the distribution system (32 km), and road restoration; (iii) installation of a 132 kva dedicated power supply system; (iv) a sewerage network measuring 46 km, including manholes and ventilation shafts and all associated earthworks, and utility shifting; (v) construction of 10 community toilets in a few lots; (vi) construction of sewerage treatment plants (STP); and (vii) construction of an approach road to the STP and various non-physical items, such as procurement of goods. This is a Resettlement Plan (RP) prepared based on the detailed engineering design and as per the Detailed Project Report (DPR). This subproject has been categorized as B for Involuntary Resettlement (IR) impact as per the ADB s Safeguard Policy Statement, 2009 (SPS). 2. Summary of Scope of Land Acquisition and Resettlement: The subproject will entail minor land acquisition for the STP. The proposed STP site at Bethlehem Vengthlang village will require 1.07 ha of private land acquisition. The land belongs to one landowner. The land has been identified, and the owner has been consulted and has no objection, as he is willing to sell the land to help realize the project benefits to the community. The land is vacant and unused, with roadside shrubs and trees. A total of 20 non-fruit bearing trees will be affected. Section 4-1 under the Land Acquisition Act (LAA) has already been issued. Additionally, a total of 470 shops and their employees will be temporarily affected by loss of access during the construction. 3. Public Consultations, Disclosure, and Grievance Redress: Consultations were carried out during RP preparation, and will continue throughout implementation. RPs will be made available in District Magistrate s offices, State Investment Program Management and Implementation Unit (SIPMIU) offices, and city libraries. Finalized RPs will also be disclosed in ADB s website, state government websites, and SIPMIU websites. Grievances of affected persons will first be brought to the attention of the SIPMIU. Grievances not redressed by the SIPMIU will be brought to the independent Grievance Redress Committee (GRC) set up to monitor project implementation. Grievances not redressed by the IGRC will be referred to the appropriate courts of law. 4. Policy Framework and Entitlements: The policy framework and entitlements for the program are based on national laws: the Land Acquisition Act, 1894 (LAA, amended in 1984) and the National Resettlement and Rehabilitation Policy, 2007 (NRRP); applicable state laws; ADB s Safeguard Policy Statement, 2009 (SPS); and the agreed Resettlement Framework. 5. Institutional Arrangements: The Ministry of Urban Development (MOUD) is the national-level executing agency (EA) of the program. SIPMIUs will be responsible for overall program implementation, monitoring, and supervision. The SIPMIU will have a Resettlement Officer (RO) responsible for RP implementation and reporting to ADB. Design Supervision Management Consultants (DSMC) with resettlement specialists on the team have been engaged to facilitate the planning and implementation of the subprojects along with the SIPMIU staff. 6. RP Implementation and Monitoring: All compensation is to be paid prior to the start of civil work in sections ready for construction. RP implementation will be closely monitored to provide the SIPMIU with an effective basis for assessing resettlement progress and

6 identifying potential difficulties and problems. Progress will be reported in quarterly progress reports, with more detailed semiannual monitoring report to be submitted by the SIPMIU to ADB.

7 I. PROJECT DESCRIPTION 1. The Northeastern Region Capital Cities Development Investment Program (NERCCDIP) envisages achieving sustainable urban development in the project cities of Agartala, Aizawl, Kohima, Gangtok, and Shillong through investments in urban infrastructure sectors. NERCCDIP will be implemented over a 6-year period beginning in 2010, and will be funded by a loan via the Multitranche Financing Facility (MFF) of the ADB. This is an urban water supply and sewerage subproject intended to improve the current water supply and sewerage situation of Aizawl. This is one of a series of subprojects designed by NERCCDIP intended to raise the standards of the municipal infrastructure and services of Aizawl. This subproject is categorized as B for Involuntary Resettlement (IR) impact as per the ADB s Safeguard Policy Statement, 2009 (SPS). 2. This is a water supply and sewerage subproject, part of Tranche 2, involving the following components: (i) construction of four ground level RCC zonal tanks; (ii) extension of main feeder pipe lines (24 km), rehabilitation of existing secondary and tertiary networks (52 km), extension of the distribution system (32 km), and road restoration; (iii) installation of a dedicated power supply system; (iv) a sewerage network measuring 46 km, including manholes and ventilation shafts and all associated earthworks, and utility shifting; (v) construction of 10 community toilets in a few lots; (vi) construction of sewerage treatment plants (STP); and (vii) construction of an approach road to the STP and various non-physical items, such as procurement of goods. This is a Resettlement Plan (RP) prepared based on the detailed engineering design and as per the Detailed Project Report (DPR). This subproject has been categorized as B for Involuntary Resettlement (IR) impact as per the ADB s Safeguard Policy Statement, 2009 (SPS). 3. Detailed design began in the last quarter of Advertising of civil works packages will be in December, 2011, with construction beginning in July All compensation is to be paid to affected persons prior to displacement. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4. The subproject covers both water supply and sewerage components. The water supply component will not require any permanent land acquisition. However, the sewerage system will require minor private land acquisition for the construction of an STP. Efforts have been made by the engineering team to minimize the resettlement impact by careful design, as most of the implementation activities under the subproject will be confined to the available government land and existing Right of Way (RoW). However, there will be temporary impacts of loss of income for small businesses due to loss of access during the construction period. The subproject components and a summary impact on land acquisition and resettlement are described in Table 1. Table 1: Subproject Components and its Impact on Land Acquisition & Resettlement Sl No Component Location Permanent Impact A Improvement in Water Supply System 1 Installation of 132 Dihmunzawl Nil kva dedicated (No private power supply land system acquisition) 3 Extension of main feeder pipe lines (24km), Temporary Impact Existing RoWs Nil Yes (170 small business Nil Remarks This will be constructed on government-land, which will require an area of approximately 1000 m 2. No land acquisition. Temporary income impacts on estimated 170 petty business

8 Sl No Component Location Permanent Impact rehabilitation of existing secondary and tertiary network (52 km), extension to distribution system (32 km), and road restoration Temporary Impact units and 140 employees) Remarks 2 units and 140 employees/workmen in the above mentioned roads, which though not encroaching on the RoW, may experience access disruptions as some construction work would take place in front of their shops. Disruption will be minimized to the extent possible through the Environmental Management Plan and good construction practices. 4 Construction of three ground level RCC zonal tanks 5 Supply & installation of 2- sets of Booster Pump sets 6 Non physical Iiems (procurements of goods): (i) Procurement and installation of 85 bulk flow meters (ii) Purchase, installation of 20,000 domestic water meters, and UFW reduction program 1. Mualpui 2. S Hlimen 3. Tanhril Chandmari & Tlangnuam Nil (No private land acquisition) Nil No land acquisition. All the four zonal tanks are proposed to be constructed in government land which are vacant and free from any use. Nil Nil Within the existing pump stations (Procurement only) - Nil Nil Procurement only B Improvement in Sewerage System 1 Sewerage network Along existing road stretches measuring 46 km, and along hillsides where including conveyance manholes and through gravity is ventilation shafts possible and all associated earthworks, and utility shifting Nil Yes (120 small business units and 40 employees) No land acquisition. Temporary impacts on estimated 120 petty business units and 40 employees/workmen in the above mentioned roads, may experience access disruptions as some construction work would take place in front of their shops. 2 Construction of Various localities Nil Nil No land acquisition. The sites for all the 10

9 Sl No Component Location Permanent Impact 10 community toilets in a few lots 3 Construction of 10 MLD sewage treatment plant (STP) 4 Construction of approach road to STP and various non-physical items such as procurement of goods etc. 5 Procurement of 5-septic tank cleaning equipments Bethlehem Vengthlang (about 2 km from the city) Bethlehem Vengthlang Temporary Impact Remarks 3 numbers of public toilets have been identified and finalized in the government land. The sites are free from encroachers and squatters. Yes Nil Private land acquisition required. The proposed STP will require 1.07 ha of private land acquisition, which belongs to one land owner. The consent from the landowner has been obtained, and he is willing to sell for compensation to help the community benefit from the project. Nil Nil No land acquisition. The approach road will be on the available land - Nil Nil Procurement only A. Permanent Land Acquisition and Ownership Details 4. The water supply component will not require any permanent land acquisition. All the four service reservoirs are proposed to be constructed on government land which is free from encroachment and squatters. Sites for these tanks have been finalized, with due consultation with the local people. However, the sewerage component will require land acquisition. The proposed STP site at Bethlehem Vengthlang village will require 1.07 ha of private land acquisition. No physical displacement will occur. The land belongs to one landowner. The site has been finalized with due consultation with the owner, and there has been no objection from the owner, as verified by an independent party. The land is a roadside plot with shrubs and is not in use. A total of 20 non-fruit bearing trees will be affected. The owner has alternate land in his possession. The total loss of land is only 9% of the total holdings of the land owner. Therefore, he is not considered severely affected. Section 4-1 under the Land Acquisition Act (LAA) has been issued. A copy of the notice and of the declaration of no objection is attached in Appendix-1. Details of the land are given in Table-1. Following the issuance of Section 4, the land will be acquired on a mutual consent basis, based on negotiated settlement and verified by an independent party. Name of the owner Affected area (HA) Mr. Chawngthan ga Source: Census Survey, December Table 1: Details of the land Owner Total area of the plot (HA) Total land holding of the owner (HA) % of loss compared to the total land holding Number of trees % 20

10 4 B. Temporary Impact 5. To estimate the temporary social impacts for the proposed pipe-laying under the water supply subproject, a series of transect walks were conducted covering 10% of the total network stretch for secondary and tertiary lines in the wards of the city, including high, medium, and low density areas, where proposed work is to be done. The areas covered by the transect walk were Seven Daytlang, Vaivakawn, Dinthar Kawn, Tuikial, Electric Veng, Chhinga Veng, Ramhlun Vengthar near the Sports Complex and Salvation Army, Laipuitlang Road near Verdant Ridge, Chaltlang, Bethlehem Vengthlang near SBI, Bethlehem, and Armed Veng. There will be temporary impacts on an estimated 170 petty business units and 140 employees/workmen in the above mentioned roads, which, though not encroaching on the RoW, may experience access disruptions, as some construction work would take place in front of their shops. 6. To estimate the temporary impacts from a proposed network, including main, distribution laterals and outfall, a series of transect walks were conducted in the wards of the city, including high, medium, and low density areas, where proposed work is to be done. The areas covered for the transect walk were Electric Veng, Chhinga Veng, Ramhlun Vengthar near the Sports Complex and Salvation Army, Laipuitlang Road near Verdant Ridge, Chaltlang, Bethlehem Vengthlang near SBI, Bethlehem, and Armed Veng. There are no expected impacts on private land. There will be temporary impacts on 110 petty business units, and an estimated 10 vendors may experience access and subsequent income disruptions as some construction work would take place in front of their shops. Additionally, an estimated 40 employees may be temporarily affected. The exact number of affected persons will be finalized at the detailed census stage during project implementation, carried out by the DSMC resettlement specialist. Affected mobile vendors will be assisted in moving to the other side of the road, and will be provided assistance to reestablish their business. 7. The construction period is estimated to be 14 days per section of work, and all the affected business establishments and vendors will be eligible for rehabilitation assistance as per the entitlement matrix of the program. III. SOCIOECONOMIC INFORMATION/PROFILE 8. There is only one permanent affected household that will lose 1.07 ha of land. No physical displacement will occur. The AP has other sources of income, such as availing of pension facilities. The land is not in use, and therefore, acquisition will not result in any marginalization. The total number of family members is 6. This household is considered vulnerable, as the AP belongs to a scheduled tribe (ST). However, the household is not at risk for poverty. There will be no permanent loss of livelihood due to land acquisition. The summary details are given in Table 2. Table 2: Summary of Resettlement Impacts and Socio-Economic Details Impacts Quantity Water Supply Sewerage System Permanent land acquisition (ha) Permanently affected households 0 1 Permanently affected persons 0 6 Temporarily affected businesses (HHs) Temporary affected households in the subproject are considered to be those that will be affected purely on a temporary basis due to the loss of income or business activities, because of the loss of access during the time of construction. Most of these impacts will be mitigated during the time of construction through proper mitigation measures, as per the IEE/EMP by the contractor. Unavoidable temporary impacts will be

11 Impacts Water Supply Quantity Sewerage System Titled affected households 0 0 Vulnerable households Affected trees/crops 0 20 Average family size for permanent affected HHs 0 6 Income sources for temporarily affected Small business Small business businesses establishments such as establishments such as petty businesses, petty businesses, mostly mostly general stores general stores 5 Source: Census and Socio-Economic Survey, December The affected household losing private land is a Mizo, a general name for STs in Mizoram. His land is not customary or ancestral land. Constitutional protection and programs for tribal development have brought significant changes since 1947, which played a major role in improving the socioeconomic and political status of STs. In Mizoram, 93% of the people are from STs, and are therefore considered the mainstream society in the state. STs in Aizawl exhibit high literacy, are Christian, have good hygiene practices, and are represented in local decision-making bodies. Women are also active players in economic and governance systems. This is an urban project; the STs in the project area do not exhibit the distinct characteristics of typical urban populations and therefore, are not considered indigenous peoples according to ADB s definition. 3 However, ST households in the project have been considered vulnerable groups, for which additional assistance has been provided in the entitlement of the RP. IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 10. The RP was prepared in meaningful consultation with stakeholders. The local population and affected persons are fully supportive of the project. Public consultations were conducted to gather feedback from local people on the proposed development and perceived socioeconomic impacts. Meetings and consultations with relevant government departments were carried out to assess the project approach. Public consultations through focus group discussions (FGDs) with project beneficiaries and project-affected people have been carried out. Consultations were also carried out during the course of environment impact assessment. 11. In the course of the Summary Assessment Report (SAR) and preparation of the safeguard document, participatory discussions were held with the people around the compensated based on a minimum wage for the period of disruption. The total number of 470 temporarily affected HH includes 180 employees and 290 shops, whose access will be disrupted during construction. 2 Vulnerable households include ST households/ip households, women-headed households, physically disabled households, and below poverty line households. In Mizoram, 99% of the people are scheduled tribes. However, they are well integrated into the main stream in all spheres such as English language, better literacy, better occupational pattern, and the influence of missionaries. Therefore, they do not not fit into the criteria of IP. 3 For ADB operational purposes, the term indigenous peoples is used in a generic sense to refer to a distinct, vulnerable, social, and cultural group possessing the following characteristics in varying degrees: (i) selfidentification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. In considering these characteristics, national legislation, customary law, and any international conventions to which the country is a party will be taken into account. A group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance remains eligible for coverage under this policy. The indigenous peoples safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of indigenous peoples or affects the territories or natural or cultural resources that indigenous peoples own, use, occupy, or claim as their ancestral domain.

12 6 proposed STP site and at the proposed tank sites (reservoir) through FGDs. A summary report and signature sheet of attendances on stakeholder consultation is provided in Appendix Information dissemination and disclosure have been a continuous process since the beginning of the program. The RF has been placed under the Offices of ULB/urban development department, District Magistrate Office, UD&HD Office. The DSMC and the SIPMIU will continue consultations, information dissemination, and disclosure during implementation. A strategy for continued consultations and participation is in the RF. RPs will be made available in District Magistrate s offices, SIPMIU offices, and city libraries. The draft and final RP will also be disclosed in ADB s website, state government websites, and SIPMIU websites. ADB review and approval of the RP is required prior to the awarding of civil works contracts, and compensation/assistance of APs is required prior to displacement. Project information will be continually disseminated through disclosure of resettlement planning documents. The documents will contain information on compensation, entitlement, and resettlement management for the subproject, and will be made available in the local language (English and Mizo) and also distributed to APs. The consultation process will be carried out throughout the entire project cycle. V. GRIEVANCE REDRESS MECHANISMS 13. Grievances of affected persons will first be brought to the attention of the SIPMIU. Grievances not redressed by the SIPMIU will be brought to the independent Grievance Redress Committee (GRC) set up to monitor project implementation in Aizawl. The GRC will determine the merit of each grievance, and resolve grievances within 10 days of receiving the complaint. Grievances not redressed by the IGRC will be referred to the appropriate courts of law. The DSMC will keep records of all grievances received, including (i) contact details of complainant, (ii) date that the complaint was received, (iii) nature of grievance, (iv) agreed corrective actions and the date these were effected, and (v) final outcome. The grievance redress process is shown in Figure 1. All costs involved in resolving the complaints will be borne by the SIPMIU. The GRCs will continue to function throughout the project duration. Figure 1: Grievance Redress Mechanism

13 7 VI. POLICY AND LEGAL FRAMEWORK 14. The policy framework and entitlements for the program as well as for this subproject are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984) and the National Resettlement and Rehabilitation Policy, 2007 (NRRP); state laws and ADB s Safeguard Policy Statement, 2009 (SPS); and the agreed Resettlement Framework (RF). Based on these, the core involuntary resettlement principles are: (i) land acquisition and other involuntary resettlement impacts will be avoided or minimized, exploring all viable alternative subproject designs; (ii) where unavoidable, time-bound Resettlement Plans will be prepared, and APs will be assisted in improving or at least regaining their pre-program standard of living; (iii) consultation with APs on compensation, disclosure of resettlement information to APs, and participation of affected persons in planning and implementing subprojects will be ensured; (iv) vulnerable groups will be provided special assistance; (v) the payment of compensation to Aps, including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; (vi) payment of compensation and resettlement assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of appropriate grievance redress mechanisms. A detailed policy framework including the comparison of national laws and policies with ADB SPS is given in Appendix 3. VII. ENTITLEMENTS 15. Compensation eligibility is limited by a cut-off date, which is Section 4 notification for the titleholders (January 2011), and completion of census survey (November 2010) for the non-titleholders. APs who settle in the affected areas after the cut-off date will not be eligible for compensation and assistance. They, however, will be given sufficient advance notice (30 days) and will be requested to vacate premises and dismantle affected structures prior to project implementation. The SIPMIU and the DSMC will provide identity cards (ID) to each of the APs. A sample copy of the ID card is provided in Appendix 4. The entitlement matrix for the subproject based on the above policies is in Table 4.

14 Type of Loss 1 Loss of private land 2 Loss of trees and crops Application Agricultural land, homestead land, or vacant plot Standing trees and crops Table 4: Entitlement Matrix Definition of Entitled person Legal titleholders Legal titleholder, sharecropper, leaseholder Compensation Policy Compensation at replacement or land for land where feasible (including option for compensation for non-viable residual portions). Transitional allowance 4 based on 3 months minimum wage rates. Shifting assistance 5 for households. Notice to harvest standing seasonal crops. If notice cannot be given, compensation for crops (or share of crops) will be provided. Additional compensation for vulnerable households 6 Notice issued to harvest standing seasonal crops. If notice cannot be provided, compensation for standing crop (or share of crop for sharecroppers) at market value. Compensation for trees based on timber value at market price to be determined by the Forest Department for timber trees and by the Horticultural Department for other trees 3 Temporary Commercial Legal 30 days advance notice regarding Implementation Issues If land-for-land option is offered to husband and wife, ownership will be in the name of both while respecting legal ownership. Charges will be limited to those for land purchased within a year of compensation payment and for land of equivalent size. Vulnerable households will be identified during the census conducted by the SIPMIU Harvesting prior to acquisition will be accommodated to the extent possible. Work schedules will avoid harvest season. Market value of trees/crops has to be determined. During construction, Responsible Agency 8 Valuation committee will determine replacement value; SIPMIU will verify the extent of impact through a full survey of AHs to determine the required assistance, and identify vulnerable households. SIPMIU will ensure that the notice is issued; valuation committee will undertake valuation of standing crops, perennial crops, and trees, and finalize compensation rates in consultation with affected persons. Alternative 4 To be provided for APs whose livelihood is affected by a subproject. The transitional allowance will be calculated based on minimum wage rates for semi-skilled labor for 26 working days a month for 3 months (Aizawl, Rs 170/day). This allowance will be utilized by the AP until an alternative means of livelihood is found. In case of vulnerable households, the transitional allowance will be supplemented by livelihood-related skill training. 5 To be provided to APs who would be relocate from the site proposed for acquisition to new place decided by AP. This shall be equivalent to one day hire charges for a truck, including shifting within a radius of 50 km (around INR 3,000). 6 Vulnerable household comprise female-headed households, disabled-headed households, indigenous personheaded households/scheduled Tribe households and below poverty line households.

15 Type of Loss disruption of livelihood Application and agricultural activities Definition of Entitled person titleholders, tenants, leaseholders, sharecroppers, employees, hawkers, or vendors. Compensation Policy construction activities, including duration and type of disruption. Cash assistance based on the minimum wage 7 for the loss of income/livelihood for the period of disruption 8 For construction activities involving disruption for a period of more than a month, provision of alternative sites for hawkers and vendors for continued economic activities; if not possible, allowance based on minimum wage rate for vulnerable households for 1 month or the actual period of disruption, whichever is higher. Implementation Issues SIPMIU will identify alternative temporary sites to the extent possible, for vendors and hawkers to continue economic activity. SIPMIU will ensure that civil work is scheduled to minimize disruption through construction scheduling in coordination with the contractors. Responsible Agency 9 locations, if any, will be identified for the said duration of disruption. 4 Impact on vulnerable affected persons All types of impact Vulnerable affected persons Vulnerable persons will receive additional 3 months of assistance based on minimum wage rate. Vulnerable households will be given priority in subproject employment. Vulnerable households will be identified during the census conducted by the SIPMIU. SIPMIU will verify the extent of impact through a 100% survey of AHs to determine assistance, and to verify and identify vulnerable households. 5 Any other loss not identified Unanticipated involuntary impact shall be documented and mitigated according to the principles stated in ADB s SPS There will be no impact on housing in the subproject. However, in case of any other disruption, especially the temporary impacts of the laying of pipelines, APs will be provided 30 days advance notice to ensure no or minimal disruption in livelihood. If required, they will also be assisted to temporarily relocate for continued economic activity. They will be assisted to shift to the other side of the road where there is no construction. Ensuring there 7 The daily wage rate in Aizawl is Rs The period of disruption has been assessed to be 15 days.

16 10 is no income or access loss during subproject construction is the responsibility of contractors The improvement and rehabilitation of existing water supply networks are proposed within the existing RoW and road shoulders. One side of the road is used for the laying of pipes, and the other side of the road is free for traffic. There may be impacts on pedestrian traffic movement to a certain extent, wherever the pipes are passing through the footpaths. In those areas, an alternative arrangement will be made by the contractor for the movement of the public. During final design, at locations where there are permanent structures, measures to realign the design and avoid these structures by going close to the road have been followed. The design principles also incorporate other mitigation measures, including but not limited to the following: selection of alignments to minimize impacts, implementation of work in a phased manner to minimize the period of disruption, provision of advance notice to the APs, provision of temporary alternative location for APs requiring temporary relocation, and provision of access to APs losing access. VIII. INCOME RESTORATION AND REHABILITATION 18. Should construction activities result in unavoidable livelihood disruption, compensation for lost income for the period of disruption will be provided. Vulnerable APs will be given priority in project construction employment. Compensation and assistance to affected persons must be made prior to displacement and relocation. IX. RESETTLEMENT BUDGET AND FINANCIAL PLAN 19. The resettlement cost estimate for the Aizawl water supply subproject includes (i) compensation for land, (ii) assistance for the temporary loss, (iii) RP implementation and support cost as outlined in the entitlement matrix, (iv) support cost for RP implementation, and (v) contingency provision amounting to 10% of the total cost. The state government will be responsible for releasing the funds for resettlement in a timely manner. The total resettlement cost for the subproject is INR 6.47 million. The resettlement cost items and estimates are outlined in Table 5. Table 5: Resettlement Costs Sl. No. Item Unit Qty Unit Cost Total Cost (INR) (INR) A Compensation 1 Private land value HA ,00,000 26,75,000 2 Stamp duty and registration cost 5% of basic land 1,33,750 cost 3 Tree Numbers 20 2,000 40,000 4 Solatium 30% of Basic land 8,02,500 cost 5 Interest 12% of Basic land 1 3,21,000 cost year Sub-Total of A 39,72,250 B Assistance 1 Vulnerable household 3 months minimum Rs.170 per day 2 Temporary impacts Rs 170 per day per AH for 15 days 1 13,260 13, ,550 11,98,500 9 Consistent with the initial environmental examination, contractors will ensure the following: (i) leaving spaces for access between mounds of soil, (ii) providing walkways and metal sheets to maintain access across trenches for people and vehicles where required, (iii) increased workforces to finish work in areas with impacts on access, (iv) timing of work to reduce disruption during business hours, (v) phased construction schedule, and (vi0 working one segment at a time and on one side of the road at a time.

17 11 Sub-Total of B 12,11,760 C Support for RP implementation 1 Social and resettlement team of SIPMIU including logistics Lump sum 5,00,000 2 Monitoring Lump sum 2,00,000 Sub-Total of C 7,00,000 Total 58,84,010 10% 5,88,401 GRAND TOTAL 64,72,411 MILLION (INR) 6.47 X. INSTITUTIONAL ARRANGEMENTS 20. The Ministry of Urban Development (MOUD) is the national-level executing agency (EA) of the program. SIPMIUs will be responsible for overall program implementation, monitoring, and supervision. The SIPMIU will have a Resettlement Officer (RO) responsible for RP implementation and reporting to ADB. A Design Supervision Management Consultant (DSMC) is engaged to facilitate the planning and implementation of the subprojects along with the SIPMU staff. The DSMC will have a resettlement specialist on the team who will work closely with the SIPMIU resettlement officer for all the planning and implementation activities, including internal monitoring and reporting. Roles and responsibilities are identified in Table 6. Activities Table 6: Institutional Roles and Responsibilities Subproject Initiation Stage Finalization of sites/alignments for subprojects Disclosure of proposed land acquisition and subproject details by issuing public notice Meetings at community/ household level with APs of land/property Formation of valuation committees RP Preparation Stage Conducting census of all APs Conducting FGDs/ meetings / workshops during SIA surveys Computation of replacement values of land/properties proposed for acquisition and for associated assets Categorization of APs for finalizing entitlements Formulating compensation and rehabilitation measures Conducting discussions/ meetings/ workshops with all APs and other stakeholders for this Fixing compensation for land/property with titleholders Finalizing entitlements and rehabilitation packages Disclosure of final entitlements and rehabilitation packages Approval of RP Compensation prior to displacement and relocation Sale deed execution and payment Taking possession of land RP Implementation Stage Implementation of proposed rehabilitation measures Consultations with APs during rehabilitation activities Grievances redressal Monitoring Agency Responsible SIPMIU/DSMC SIPMIU/DSMC SIPMIU/DSMC SIPMIU SIPMIU/DSMC SIPMIU/DSMC VC/SIPMIU SIPMIU SIPMIU SIPMIU/DSMC VC/SIPMIU SIPMIU SIPMIU/DSMC ADB SIPMIU SIPMIU SIPMIU/RO SIPMIU/RO SIPMIU/RO/GRC SIPMIU/RO AP=affected person, VC=Valuation Committee, FGD=focus group discussions, GRC = Grievance Redress Committee, SIPMIU = state-level investment program management and implementation unit,, RO = resettlement officer, RP=resettlement plan, XI. IMPLEMENTATION SCHEDULE 21. Disbursement of compensation and assistance and relocation of APs cannot commence until the RP has been cleared by ADB. All the compensation, assistance, and relocation will be completed prior to the start of the civil work at each specific stretch. All

18 12 entitlements are to be paid prior to displacement. Written confirmation is required by the SIPMIU to ADB stating that all compensation has been paid to APs. Only then can construction work begin on sections where compensation has been paid. A tentative implementation schedule is given in Table 7 Activity Census and socioeconomic surveys (issuance of identification cards) Consultations and disclosure Confirmation of government land to be used and transfer from other departments Resettlement Plan updating if required Resettlement Plan review and approval (IPMU and ADB) Issue notice to DPs Compensation and resettlement assistance Relocation as required Takeover possession of acquired property Monitoring Handover land to contractors Start of civil works Rehabilitation of temporarily occupied lands Table 7: Implementation Schedule Months immediately after construction XII. MONITORING AND REPORTING 22. The implementation of the RP will be monitored, and implementation progress will be included in quarterly progress reports, with more detailed RP monitoring reports submitted by SIPMIU to ADB on a semi-annual basis. Regular monitoring activities will be carried out internally by the SIPMIU. Resettlement plan implementation will be closely monitored by SIPMIU to provide ADB with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. The extent of monitoring activities, including their scope and periodicity, will be commensurate to the project s risks and impacts. Monitoring will involve (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during and after any resettlement impact utilizing baseline information established through the socioeconomic survey undertaken during project sub-preparation; and (iii) overall monitoring to assess status of affected persons. SIPMIU is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit semi-annual monitoring reports on their implementation performance. SIPMIU will (i) monitor the progress of implementation of safeguard plans, (ii) verify the compliance with safeguard measures and progress toward intended outcomes, (iii) document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports, (iv) follow up on these actions to ensure progress toward the desired outcomes, and (v) submit semi-annual monitoring reports on safeguard measures as agreed with ADB. 23. The SIPMIU monitoring will include daily planning, implementation, feedback and trouble shooting, individual affected person file maintenance, community relationships, dates for consultations, number of appeals placed, and progress reports. The SIPMIU will be responsible for managing and maintaining affected person databases, documenting the results of the affected person census, and verifying asset and socioeconomic survey data, which will be used as the baseline for assessing RP implementation impacts. Monitoring reports, documenting progress on resettlement implementation, and RP completion reports will be provided by the SIPMIU to ADB for review. Additionally, ADB will monitor projects on an ongoing basis until a project completion report is issued. A sample of monitoring indicators including status report is given in Appendix-5.

19 13 APPENDIX-1 NO OBJECTION FOR LAND ACQUISTION FOR STP (To protect the privacy of the land owners, their names were deleted).

20 0 APPENDIX-2 SUMMARY CONSULTATION PROCEEDINGS OF THE PUBLIC CONSULTATION MEETINGS HELD AT STP/ SITE (TRANCHE II) ON 8 MARCH 2011 PREAMBLE The Primary objective of the Northeastern Region Capital Cities Development Investment Programme (NERCCDIP) for Aizawl is to promote the economic development in the city of Aizawl through expansion of basic services such as water supply, sewerage, sanitation, and solid waste management of the city. The NERCCDIP will also strengthen the service delivery capacity of the responsibilities of Aizawl State urban agencies and urban local bodies through management reform, capacity building, and training. As a part of the process of augmentation of supply and distribution of water to the city of Aizawl, four new reservoirs will be constructed in Tranche 2 of the project at the following locations: 1. Mualpui 2. PWD Tlang (Shivaji Tillah) 3. S. Hlimen 4. Tanhril The major factor contributing to this objective is to overcome the present deficit in supply of water to households in these areas. The public consultation meetings have been designed to make people aware of the town (especially in this 4 locations) about the NERCCDIP, inviting queries from them and thus arousing the interest of people to take part in this program. The SPECIAL OBJECTIVE, other than the general objective, was to assess the people s response in these four areas about the locations of the reservoirs, benefits to be derived, and any likely problem they foresee. The public consultation meetings in these four locations were held on 5 March METHODOLOGY The following methodology was followed for undertaking the public consultation meetings: 1) On 4 March 2011, telephone contacts were made with the President, village councils/chairman, and local councils, requesting them to organize a meeting of a few of their citizens on 5 March Normal procedure is for them to appraise their village council/local council and take their approval for such a meeting. However, because of the emergency, they all agreed to hold the meetings. 2) The meetings were initiated by the Community Awareness Program Expert/ Monitoring and Evaluation Expert of DSMC, Aizawl duly supported by Er. B.N. Mishra, ARE of DSMC. 3) The profile of NERCCDIP (written in Mizo language), Aizawl, prepared by Er. Dunglena, Team Leader, DSMC, Aizawl detailed all the aspects of the project, and was distributed to all the participants. Sufficient copies were left with them for distribution in their localities. 4) The Focus Group Discussions were conducted in Mizo language by the following two officials of Global Care Mission, Aizawl: Mr. Lalthanzuala and Mr. Lalnunfela. CAP Expert and/or ARE intervened only when some queries from the participants needed their answers.

21 1 5) The meetings ended with a vote of thanks to the participants by CAP Expert. 6) Photographs of the participants were taken. 7) A semi-structured format developed by CAP Expert was used to elicit the required information. Detailed notes were kept by Mr. Fela of Global Care Mission. SALIENT POINTS The salient points arising from these Public Consultation Meetings are presented below I. Public Consultation at STP Site / Transfer Site, Chite Veng (Ward No. 16) Date: 8 March 2011 Time: 11 AM Venue: STP Site, Chite Veng (Bethlehem Vengthlang Local Council, Ward No. 16) Number of Participants : 5 (details are given in FGD(1)) Apart from the Landowner of the STP and Transfer Sites, Mr. Chawngthanga, one Local Council Member was present in addition to three others. Er. Helen Rodinglianai, EE (S&S), SIPMIU graced the occasion and helped in discussion with the participants. The salient points are: 1. The participants did not raise any specific issue regarding the location of either the STP site or the transfer site. Ms. Laiveti and Mr. Vanlalruata mentioned that they did not have much of an idea about the whole thing, but did not have any objection if it was going to be good for the city of Aizawl. 2. There was no objection raised by any participant regarding the two locations. The Local Council Member attending the meeting said that the people in general will have no objection to locating the STP and transfer sites there. 3. Mr. Laldova, Local Council Member, reported that SIPMIU had already informed them about the details of the Project and benefits to be derived. 4. Because of the larger availability of irrigable water for crops, a point was raised as to whether the inhabitants were interested or will benefit from the extra water available for crops. It was pointed out by the participants that not many private cultivators were there in and around these two sites. However, Ms. Vanmawii mentioned that those like her who have some land in this area (and are doing cultivation) would welcome augmentation of water for growing crops. 5. Because of the proposed technology, there will be no foul odor emanating, nor will there be increased danger of mosquitoes. The participants mentioned that SIPMIU had already explained these points to them. They are agreeable and satisfied.

22 Public Consultation at STP Site 2

23 3 II. Public Consultation Meeting at Tanhril (Ward No. 11) Date: 5 March 2011 Time :10:30 AM Venue :House of Ms. Lalchhuanmawii, Lady Councilor of AMC Number of Participants: 10 (details are given in FGD(1) Apart from the Lady Councilor of AMC, the meeting was, inter-alia, attended by: Chairman, Local Council Secretary, Local Council ASO (of Mizoram Civil Service) MZU staff Local Council Members The salient points are: a) No water connection b) Water received during monsoon 2) a) They are happy with the present site but want a bigger reservoir. b) The whole community agreed. 3) A good drainage system is required to be made at two locations, which could be covered by steps. 4) Requirement a) Domestic litres/day b) Livestock - 90 litres/day c) Gardening litres/day 5) Expectation a) At least 4 times a week b) For at least 5 hours as they do not have sufficient place / tanks to store the water

24 4

25 III. Public Consultation Meeting at Mualpui Salem Veng VC (Ward No. 18) Date : 5 March 2011 Time : 12:05 PM Venue : House of Mr. Thuamchhunga Number of Participants : 6 (details given in FGD (2) The meeting was attended, inter-alia, by the following: Chairman, Local Council Secretary, Local Council President, Congress Unit Secretary, Congress Unit Member, Local Council The salient points are: 1. a) Water connection is available b) Around 60% have no water connection 2. a) Water received once a week b) Around 45 minutes 3. a) There are around 900 household in the area b) They have a huge scarcity of water 4. a) They want to shift the present proposed reservoir to a different location nearby Salem Presbyterian Church b) The community will agree to the new location c) There is a good nala (side drain) in this site. 5. Water requirement a) Domestic liters/day b) Livestock - 75 liters/day c) Gardening liters/day 6. Expectation a) Four times a week at least for one hour 5

26 6 IV. Public Consultation Meeting at S. Hlimen (Ward No. 19) Date : 5 March 2011 Time : 01:10 PM Venue : Hlimen YMA Hall Number of Participants : 6 (details given in FGD (3) The meeting was attended, inter-alia, by: Chairman, Local Council President, YMA President, MHIP Vice Chairman, Village Council The salient points are: 1. They have no water connection 2. a) They suggest the water reservoir be moved to a higher ground b) If the preferred site is too small, then two reservoirs should be made c) The whole community agreed to this proposal 1. Quantity of water required per day a) 350 liters for household b) 100 liters for animal husbandry c) 250 liters for gardening d) Expectation a) Flow of water at least 5 times a week at least for one hour. b) No objection in paying water bill as per meter reading

27 7

28 8 V. Public Consultation Meeting at PWD Tlang (Shivaji Tillah) (Ward No. 14) Date : 05 March 2011 Time : 2:50 PM Venue : Local Council House, Khatla Number of Participants : 8 (details given in FGO (4) The meeting was attended by Chairman, Local Council and other Local Council members: The salient points are: 1. a) The present reservoir could not manage the entire community b) New Secretariat Complex reduced the amount of water received c) Receive water for around 30 minutes a week d) Some households do not have water connection. This is mainly due to poverty 2. a) They are happy with the present location but suggest a stock point to be built across the locality b) The community will agree to this 3. There is a good drain for the water to flow 4. Requirement a) Domestic 650 liters/day b) Livestock liters/day c) Gardening - 50 liters/day 5. Water pipes running along or across or within the side drain cause a problem for the community. 6. Expectation a) Everyday b) At least for 12 hours 7. No problem in paying the bill

29 9

30 10 APPENDIX 3 SUMMARY OF POLICY FRAMEWORK A. Policy and Legal Framework 1. The policy framework and entitlements for the program are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984) and the National Resettlement and Rehabilitation Policy, 2007 (NRRP); and ADB s Policy on Involuntary Resettlement, The salient features of government and ADB polices are summarized below. 1. Government Policy a. National Resettlement and Rehabilitation Policy, The NRRP 2007 was adopted by the Government of India on 31 October 2007 to address development-induced resettlement issues. The NRRP stipulates the minimum facilities to be ensured for persons displaced due to the acquisition of land for public purposes and to provide for the basic minimum requirements. All projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The state governments, public sector undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the policy are: (i) (ii) (iii) (iv) (v) (vi) to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives; to ensure adequate rehabilitation packages and expeditious implementation of the rehabilitation process with the active participation of the affected families; to ensure that special care is taken to protect the rights of the weaker sections of society, especially members of the scheduled castes and scheduled tribes, and to create obligations for the state to treat them with concern and sensitivity; to provide a better standard of living, making concerted efforts for providing sustainable income to the affected families; to integrate rehabilitation concerns into the development planning and implementation process; and where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation. 3. The NRRP is applicable for projects where over 400 families in the plains or 200 families in hilly or tribal or Desert Development Program (DDP) areas are displaced. However, the basic principles can be applied to resettling and rehabilitating, regardless of the number affected. NRRP s provisions are intended to mitigate adverse impacts on Project Affected Families (PAFs). The NRRP comprehensively deals with all the issues, provides a wide range of eligibility to the affected persons, and meets most of the requirement of ADB s Policy on Involuntary Resettlement (1995). The non titleholders, under NRRP, are recognized as the people living in the affected area not less than 3 years after the declaration of the area as an affected area. The NRRP addresses the vulnerable families with adequate entitlements and provides special provisions for scheduled castes (SC) and scheduled tribes (ST) families. The NRRP takes in to account all the transparency as far as consultation, dissemination of information, disclosure, and grievance are concerned. However, the law relating to the acquisition of privately owned immoveable property is the Land Acquisition Act of 1894 (LAA, amended 1984), which is discussed in the following section.

31 b. Land Acquisition Act, 1894 as Amended in The LAA provides a framework for facilitating land acquisition in India. LAA enables the state government to acquire private land for public purposes. LAA ensures that no person is deprived of land except under LAA, and entitles affected persons to a hearing before acquisition. The main elements of LAA are: (i) (ii) Land identified for the purpose of a project is placed under Section 4 of the LAA. This constitutes notification. Objections must be made within 50 days to the District Collector (the highest administrative officer of the concerned District). The land is then placed under Section 6 of the LAA. This is a declaration that the government intends to acquire the land. The District Collector is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the District Collector will make an award within 1 year of the date of publication of the declarations. Otherwise, the acquisition proceedings shall lapse. (iii) (iv) (v) (vi) In case of disagreement on the price awarded, within 6 weeks of the award, the parties (under Section 18) can request the District Collector to refer the matter to the Courts to make a final ruling on the amount of compensation. Once the land has been placed under Section 4, no further sale or transfer is allowed. Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project authorities to the state government, which in turn compensates landowners. The price to be paid for the acquisition of agricultural land is based on sale prices recorded in the District Registrar's office averaged over the 3 years preceding notification under Section 4. The compensation is paid after the area is acquired, with actual payment by the state taking about 2 or 3 years. An additional 30% is added to the award as well as an escalation of 12% per year from the date of notification to the final placement under Section 9. For delayed payments, after placement under Section 9, an additional 9% per annum is paid for the first year and 15% for subsequent years. 2. ADB S Safeguard Policy Statement, 2009 (SPS) 5. The three important elements of ADB s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. 6. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: (i) (ii) (iii) (iv) Involuntary resettlement will be avoided whenever feasible. Where population displacement is unavoidable, it should be minimized. All lost assets acquired or affected will be compensated. Compensation is based on the principle of replacement cost. Each involuntary resettlement is conceived and executed as part of a development project or program. Affected persons need to be provided with

32 (v) (vi) (vii) (viii) (ix) (x) 12 sufficient resources to re-establish their livelihoods and homes with timebound action in coordination with civil work. Affected persons are to be fully informed and closely consulted. Affected persons are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. The absence of a formal title to land is not a bar to ADB policy entitlements. Affected persons are to be identified and recorded as early as possible to establish their eligibility, through a census which serves as a cut-off date, and prevents subsequent influx of encroachers. Particular attention will be paid to vulnerable groups including those without legal title to land or other assets; households headed by women; the elderly or disabled; and indigenous groups. Assistance must be provided to help them improve their socio-economic status. The full resettlement costs will be included in the presentation of project costs and benefits. C. Comparison of Borrower s Policy with the Resettlement Framework 7. The NRRP represents a significant milestone in the development of a systematic approach to address resettlement issues in India. LAA, 1894, however, gives directives for acquisition of land in public interest and provides benefits only to titleholders. Table A4.1 presents a comparison of Government polices (LAA and NRRP) in comparison with the Resettlement Framework, which is consistent with ADB s involuntary resettlement policy. Table A3.1: Comparison between the Borrower s and ADB s SPS Policy Principles LAA NRRP Remarks 1. Involuntary resettlement should be avoided where feasible. 2. Where population displacement is unavoidable, it should be minimized by exploring viable project options. 3. If individuals or a community must lose their land, means of livelihood, social support systems, or way of life in order that a project might proceed, they should be compensated and assisted so that their economic and social future will generally be at least as favorable with the project as without it. Appropriate land, housing, infrastructure, and other compensation, comparable LAA is applicable wherever private land is to be acquired by Government for public purpose. LAA is applicable wherever private land is to be acquired by Government for public purpose. According to the ADB s IR policy full Resettlement Plan is required when 200 or more people will experience major impacts. A Short Resettlement Plan is required when resettlement is insignificant when less than 200 people will experience major impacts. According to the NRRP, Compliance of proposed Resettlement Framework with ADB s SPS This is addressed in the Resettlement Framework. The locations for project components have been identified in such a manner that IR is avoided to the extent possible. These IR impacts shall be further minimized during detailed designs. This is addressed in the Resettlement Framework. The locations for project components have been identified in such a manner that IR is avoided to the extent possible. These IR impacts shall be further minimized during detailed designs. The Resettlement Framework addresses the IR impacts. The entitlements to the affected persons are outlined in the Entitlement Matrix.

33 Policy Principles LAA NRRP Remarks to the without project situation, should be provided to the adversely affected population, including indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken for the project. 4. Any involuntary resettlement should, as far as possible, be conceived and executed as a part of a development project or program and resettlement plans should be prepared with appropriate timebound actions and budgets. Resettlers should be provided sufficient resources and opportunities to reestablish their homes and livelihoods as soon as possible. 5. The affected people should be fully informed and closely consulted on resettlement and compensation options. Where adversely affected people are particularly vulnerable, resettlement Resettlement Plan should be prepared when it involves resettlement of more than 500 families (roughly about 2,000 persons) in plain areas and 200 families (roughly about 1,000 people) in hilly areas, Desert Development Programme (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. According to the ADB s IR policy full Resettlement Plan is required when 200 or more people will experience major impacts. A Short Resettlement Plan is required when resettlement is insignificant when less than 200 people will experience major impacts. According to the NRRP, Resettlement Plan should be prepared when it involves resettlement of more than 400 families (roughly about 2,500 persons) in plain areas and 250 families (roughly about 1,250 people) in hilly areas, Desert Development Programme (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. LAA does not provide for resettlement. However, it specifies the time limit for acquisition, though the project/program for which it is conceived need not necessarily be time-bound. LAA recognizes only titleholders, who are to be notified prior to acquisition. 13 Compliance of proposed Resettlement Framework with ADB s SPS The Resettlement Framework addresses the IR impacts. The entitlements to the Affected persons are outlined in the Entitlement Matrix. A time-bound action plan and implementation schedule for the IR activities is outlined. The key Resettlement Plan activities are identified and the responsibilities for the same outlined. Consultations have been carried out with affected persons. This will be further consolidated by the Resettlement Plan implementing NGO. The plan for information disclosure in the project, including the

34 Policy Principles LAA NRRP Remarks and compensation decisions should be preceded by a social preparation phase to build up the capacity of the vulnerable people to deal with the issues. 6. Appropriate patterns of social organization should be promoted, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. Resettlers should be integrated economically and socially into host communities so that adverse impacts on host communities are minimized. One of the effective ways of achieving this integration may be by extending development benefits to host communities. 7. The absence of formal legal title to land some affected groups should not be a bar to compensation. Affected persons entitled to compensation and rehabilitation should be identified and recorded as early as possible, preferably at the project identification stage, in order to prevent an influx of illegal encroachers, squatters, and other nonresidents who wish to take advantage of such benefits. Particular attention should be paid to the needs of the poorest affected persons including those without legal title to assets,, female-headed households and other vulnerable groups, such as indigenous peoples, and appropriate assistance provided to help them improve their status. 8. The full costs of resettlement and compensation, including the costs of social preparation and livelihood programs as well as the incremental benefits over the without project situation, should be included in the presentation of project costs and - LAA provides for every affected person to receive a notification prior to acquisition and for a hearing in case of any objection. Acquisition under the Act is permitted within one year from the date of declaration of intent to acquire, failing which, the process has to start again. LAA does not regard nontitleholders as affected persons. According to the ADB s IR policy full Resettlement Plan is required when 200 or more people will experience major impacts. A Short Resettlement Plan is required when resettlement is insignificant when less 14 Compliance of proposed Resettlement Framework with ADB s SPS Resettlement Framework. This is addressed in the Entitlement Matrix. The process for verification of impacts and establishing the eligibility of the affected persons is outlined in the Resettlement Framework. The Resettlement Framework addresses the IR impacts. The entitlements to the affected persons are outlined in the Entitlement Matrix.

35 Policy Principles LAA NRRP Remarks benefits. 9. To better assure timely availability of required resources and to ensure compliance with involuntary resettlement procedures during implementation, eligible cots of resettlement and compensation may be considered for inclusion in Bank loan financing for the project, if requested. - than 200 people will experience major impacts. According to the NRRP, Resettlement Plan should be prepared when it involves resettlement of more than 500 families (roughly about 2,500 persons) in plain areas and 250 families (roughly about 1,250 people) in hilly areas, Desert Development Programme (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. The NRRP s concept of replacement cost is not clearly defined. However, the NRRP does consider various compensation packages to substitute the losses of affected persons. 15 Compliance of proposed Resettlement Framework with ADB s SPS This is addressed in the Entitlement Matrix. The impacts have been assessed and Resettlement Plan costs according to the entitlement matrix have been worked out. These costs are included in the Project Costs. ADB = Asian Development Bank, DDP = Desert Development Programme, LAA = Land Acquisition Act, NGO = nongovernmental organization, NRRP = National Resettlement and Rehabilitation Policy.

36 Appendix 4 Copy of Identity Cards 16