Resettlement Plan March 2012 IND: Bihar State Highways II Project Siwan-Siswan Subproject (SH-89) Prepared by Bihar State Road Development Corporation, Government of Bihar for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 9 March 2012) Currency unit Indian rupee (Rs) Rs1.00 = $0.0198886237 $1.00 = Rs50.280000 ABBREVIATIONS ADB Asian Development Bank ARO Assistant Resettlement Officer BHSP BHSP-II Bihar State Highways Project Bihar State Highways II Project BPL Below Poverty Line BSR Basic Schedule of Rates BSRDC Bihar State Road Development Corporation CPR Common Property Resources CSC Construction Supervision Consultant DC District Collector DGM Deputy General Manager DH Displaced Households DP Displaced Persons DPR Detailed Project Report EA Executing Agency EE Executive Engineer FGD Focus Group Discussion GoI Government of India GRC Grievance Redress Mechanism IA Implementing Agency IP Indigenous Peoples IR Involuntary Resettlement LAA Land Acquisition Act LAP Land Acquisition Plan MD Managing Director NGO Nongovernment Organization NRRP National Rehabilitation and Resettlement Policy, 2007 OBC Other Backward Castes PIU Project Implementation Unit PMU Project Monitoring Unit RC Resettlement Cell R&R Resettlement and Rehabilitation RO Resettlement Officer ROW Right-of-way RP Resettlement Plan SC Scheduled Caste SPS ADB Safeguard Policy Statement ST Scheduled Tribe TOR Terms of Reference
iii NOTE In this report, "$" 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.
iv TABLE OF CONTENTS EXECUTIVE SUMMARY vii CHAPTER 1: PROJECT DESCRIPTION 1 1.1 General 1 1.2 The Project Road and its Location 1 1.3 Profile of the Project Area 2 1.4 Sub-project Impacts and Benefits 2 1.5 Project Components 4 1.6 Minimizing Resettlement 4 1.7 Scope and Objective of Resettlement Plan 5 1.8 Methodology 6 CHAPTER 2:SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8 2.1 Scope of land Acquisition 8 2.2 Loss of Land 8 2.3 Loss of Structure in the Subproject 10 2.4 Impact on Private Trees 13 2.5 Loss of Livelihoods 13 2.6 Loss of Community Property Resources 14 2.7 Summary Sub-project Impacts 14 CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE 15 3.1 Socio-economic Profile of Project Area 15 3.2 Social Categories of the DPs 15 3.3 Religious Categories of the DPs 16 3.4 Number of DPs 16 3.5 Number of DPs of Special Categories 16 3.6 Vulnerable Households being Affected in the Sub-project 17 3.7 Annual Income Level of the Affected Households 17 3.8 Educational Status of DPs 18 3.9 Occupational Status of DPs 18 3.10 Impact on Indigenous People 19 3.11 Gender Impact 19 CHAPTER 4: INFORMATION DISCLOSURE, CONSULTATION, & PARTICIPATION 20 4.1 Stakeholders in the Project 20 4.2 Public Consultation in the Project 20 4.3 Methods of Public Consultation 20 4.4 Scope of Consultation and Issues 20 4.5 Finding of Focused Group Discussions 21 4.6 Consultations with Officials and other Stakeholders 21 4.7 Plan for further Consultation in the Project 22 4.8 Information Disclosure 23
v CHAPTER 5: GRIEVANCE REDRESS MECHANISMS 24 5.1 General 24 5.2 Grievance Redress Mechanism 24 5.3 Constitution and Function of the GRC 24 5.4 Operational Mechanisms of GRC 24 CHAPTER 6: LEGAL FRAMEWORK 26 6.1 Introduction 26 6.2 Land Acquisition Act 1894 26 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 27 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 29 6.5 Asian Development Bank s (ADB) Policy of Involuntary Resettlement 30 6.6 Comparison of National and State Policies with ADB s IR Policy 31 6.7 Policy Framework for this Project 33 6.8 Methodology for Determination of Valuation of Assets 35 6.9 Procedure and Steps of Land Acquisition 36 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 37 7.1 Definition of DPs and Eligibility 37 7.2 Entitlements 37 7.3 Entitlement Matrix 40 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 43 8.1 Basic Provision for Relocation 43 8.2 Need for Relocation 43 8.3 Magnitude of Physical Displacement in the Sub-project 43 8.4 Relocation and Compensation Option by DPs 44 8.5 Relocation Strategy 44 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 46 9.1 Loss of Livelihoods in the Sub-project 46 9.2 Provisions for Loss of Livelihood 46 9.3 Income Restoration Measures 47 9.4 Additional Support from Ongoing Poverty Reduction Programs 47 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 48 10.1 General 48 10.2 Compensation 48 10.3 Assistance 49 10.4 Compensation for Community and Government Property 49 10.5 RP Implementation and Support Cost 49 10.6 Source of Funding and Fund Flow Management 50 10.7 R&R Budget 50
vi CHAPTER 11: INSTITUTIONAL ARRANGEMENTS 52 11.1 Institutional Requirement 52 11.2 Executing Agency 52 11.3 Project Management Unit (PMU) 52 11.4 Project Implementation Unit (PIU) 52 11.5 Non-Government Organization (NGO) 53 11.6 Capacity Building on RP in the EA 54 CHAPTER 12: IMPLEMENTATION SCHEDULE 56 12.1 Introduction 56 12.2 Schedule for Project Implementation 56 12.3 R&R Implementation Schedule 56 CHAPTER 13: MONITORING AND REPORTING 58 13.1 Need for Monitoring and Reporting 58 13.2 Monitoring in the Project 58 13.3 Stages of Monitoring 58 13.4 Monitoring Indicators 59 13.5 Reporting Requirements 60 Appendix-1 Census Survey Questionnaire 61 Appendix-2 ToR for NGO 65 Appendix-3 Findings of the Consultations 75
vii EXECUTIVE SUMMARY A. Project Description 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways (BSHP) and BSHP-II Project under Asian Development Bank (ADB) assistance to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under BSHP-II (Additional Financing) five subprojects road sections (SH-83, SH-86, SH- 87, SH-88 and SH-89) totaling 291 kilometers are selected for which detailed project reports (DPR) for these road sections are being prepared by BSRDC. This Resettlement Plan1 is prepared for the SH-89 subproject which is considered as Category A as far as Involuntary Resettlement (IR) is concerned. 2. The subproject road section (SH-89) is 33.065 km road from Siwan Siswan passes through the Siwan district of Bihar. The alignment of the road is proposed as Siwan Laxmipur - Surapur Chapiya Chatta Hassanpura Gopalpur Chainpur - Siswan. The average ROW available in the road section ranges from 18 to 30m. 3. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area. 4. The existing ROW is sufficient in substantial portion of the project length which is varies from 18 to 30 meters. This RoW (varies with varying extent of toe line) has been decided based on the embankment toe line due to requirement of comparatively more construction width due to high embankments for significant length. Key activities for sub-project road improvement involves (i) widening/strengthening of the road up to 2-lane configuration (ii) improving road geometry (iii) laying of embankment (iv) rehabilitation and construction of new bridges and other cross drainage structures (v) construction of side drains (vi) Junctions/intersections improvement (vii) provision of service roads, underpasses and way side amenities etc. The brief of all key project activities are described below. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. 5. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their 1 As per ADB s SPS-2009 and OM Section F-1/OP issued on 4 March 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).
viii livelihoods. This Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 formulated by ADB to protect the rights of the Displaced persons and communities. B. Socio-economic Information and Profile 6. The project area consists of Siwan District. Siwan district is one of the thirty-seven districts of Bihar state, India. Siwan has an area of 2219 Sq. Km with population is 3,318,176 as per 2011 census. The district is densely populated with 1495 person per Sq. km. which is substantially higher than the state average density of 1102 persons per sq km according to 2011 census year. Sex ratio, expressed as number of females per thousand males, of Siwan district (984) is comparable to the state average of 916 as per 2011 census. Bihar does not have any significant number of tribal population, 0.9% of total population, after division of the state into two, the other half being Jharkhand, the home of many scheduled tribes. C Scope of Land Acquisition and Resettlement 7. According to the Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, 26.00 acres of land will be acquired for the subproject. The area is excluding the area that already lies with Road Construction Department in terms of existing roads falling in the alignment. A project census survey was carried out to identify the persons who would be affected by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation. 8. As per findings of the 100% census of affected land and non-land assets, the subproject impacts can be broadly classified as (i) impacts on private land, (ii) impacts on private structures, (iii) impacts on livelihoods due to loss of private properties and (iv) loss of common property resources. From the analysis of impacts it is noted that altogether 131 land units/plots will be affected. As per the survey, in 440 households comprising 245 titleholders and 195 nontitleholders will be affected in the subproject. The details of subproject impacts are discussed in the following section and the summary subproject impacts are presented in the Table E.1. Table E.1: Summary Subproject Impacts Sl. No. Impacts Number 1 Total land acquisition requirements (in Acre) 26.00 2 Total private land acquisition requirements (in acre) 24.95 3 Total number of land units/plots affected 131 4 Total number of private land units/plots affected 125 5 Total number of private structures affected (22 TH + 14 NTH) 36 6 Total number of households affected (245 TH + 195 NTH including 14 squatters, 105 agricultural laborers, 44 share 440 croppers, 17 tenants and 15 employees) 7 Total Number of physically displaced households 29 8 Total Number of Vulnerable households affected 53 9 Total number of displaced persons including physical and economic)- (TH and NTH DPs) 2073 10 Total number of CPR affected (Religious Structure) 4 12 Total number of Trees affected 441 Source: Census Survey, BSHP-II Project Additional Financing, 2012
ix D. Stakeholders Consultation and Participation 9. Consultations with various stakeholders were carried out during various phases of project preparation. Project related information were disseminated to the APs and based on the findings of consultation with DPs alignment was reviewed and suitably modified to minimize the resettlement impacts. During preparation of RP further consultations with DPs were carried out disseminating information of change of alignment, project entitlement and mitigation measures etc. To keep more transparency in planning and for further active involvement of APs and other stakeholders the project information will be disseminated through disclosure of resettlement planning documents. The EA will submit the following documents to ADB for disclosure on ADB s website: i. the final resettlement plan endorsed by the EA after the census of displaced persons has been completed; ii. a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if any; and iii. the resettlement monitoring reports. 10. The EA will provide relevant resettlement information, including information from the above mentioned documents in a timely manner, in an accessible place (district magistrate office, office of the PIU and office of the LAO) and in a form and language (Hindi) understandable to affected persons and other stakeholders. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the sub-project will be made available in local language (Hindi) and distributed to DPs. E. Legal Framework 11. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GOI, the Government of Bihar and Asian Development Bank and the Entitlement Matrix adopted for the BSHP-II project. Prior to the preparation of the Resettlement Plan, a detailed analysis of the existing national and state policies was undertaken. This RP is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. Based on the analysis of applicable legal and policy frameworks of the country and in consistent with ADB s policy requirements the broad resettlement principle for this project is finalized. F. Entitlements, Assistance and Benefits 12. The project will have three types of displaced persons i.e., (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to all three types of displaced persons 13. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the census survey which is 23rd February 2012. DPs 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, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated and they
x will not pay any fine or suffer any sanction. Compensation for the lost assets to all households will be paid on the basis of replacement cost. Resettlement assistance for lost income and livelihoods will be provided to both title holders and non-title holders. Special resettlement and rehabilitation measures will be made available to the Vulnerable Group as per the Entitlement Matrix formulated for the project. G. Relocation of Housing and Settlements 14. The EA will provide adequate and appropriate replacement land and structures or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The EA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. Preference will be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. In the case of physically displaced persons, the EA will provide (i) relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services as required; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) opportunities to derive appropriate development benefits from the project. H. Income Restoration and Rehabilitation 15. The households losing their livelihoods includes titleholders land, agricultural laborers, agricultural tenants, and sharecroppers, or having commercial structures and employees of the affected structures. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the EA will promptly compensate for the loss of income or livelihood sources at full replacement cost. The EA will also provide assistance such as credit facilities, training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels. Needs assessments will be conducted to determine the types of training or assistance. The budgetary resources allocated, as per the Entitlement Matrix, will be used to carry out the training. I. Resettlement Budget and Financing Plan 16. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation, public consultation and other administrative expenses are part of the overall project cost. The unit cost for land and other assets in this budget has been derived through field survey, consultation with affected families, relevant local authorities and reference from old practices. Contingency provisions have also been made to take into account variations from this estimate. The total R&R budget for the proposed subproject RP works out to Rs. 149.66 million.
xi J. Grievance Redress Mechanisms 17. In the subproject RP implementation there is a need for an efficient grievance redressal mechanism that will assist the affected persons in resolving their queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The GRC will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRCs will continue to function, for the benefit of the DPs, during the entire life of the subproject including the defects liability periods. K. Institutional Arrangements 18. The Executing Agency (EA) for the Project is BSRDC, Government of Bihar. The existing BSRDC has already set up a Project Management Unit (PMU) headed by a Managing Director (MD) with General Managers and Deputy General Managers (DGM) assisted by Managers. This office will be functional for the whole Project duration. The EA, headed by MD will have overall responsibility for implementation of loan and will also be responsible for the overall coordination among ADB, Government of Bihar and PIU. For resettlement activities, PMU will do the overall coordination, planning, implementation, and financing. Project Implementation Unit (PIU) will be established at subproject level for the implementation of subprojects. Keeping in view the sensitivity R&R matters an experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP. L. Implementation Schedule 19. Implementation of RP mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each subproject will only be awarded after all compensation and relocation has been completed for subproject and rehabilitation measures are in place. M. Monitoring and Reporting 20. Monitoring and reporting are critical activities in involuntary resettlement management in order to ameliorate problems faced by the APs and develop solutions immediately. RP implementation for the subproject will be closely monitored by the EA through it s PIU and implementing NGO. Additionally, the EA will engage expert for monitoring of the subproject RP implementation and will submit biannual reports to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. All the resettlement monitoring reports will be disclosed to APs as per procedure followed for disclosure of resettlement plans by the EA.
CHAPTER 1: PROJECT DESCRIPTION 1.1 General 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways (BSHP) and BSHP-II Project under Asian Development Bank (ADB) assistance to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under BSHP-II - Additional Financing, five subprojects road sections (SH-83, SH-86, SH- 87, SH-88 and SH-89) totaling 291 kilometers are selected for which detailed project reports (DPR) for these road sections are being prepared by BSRDC. 2. This Resettlement Plan 2 is prepared for the SH-89 subproject which is considered as Category A as far as Involuntary Resettlement (IR) is concerned. 1.2 The Project Road and its Location 3. The subproject road section (SH-89) is located in the in Siwan district of western Bihar. The Location map of Bihar state Highway Projects-II and sub-project is given in Figure: 1. Figure: 1 Subproject Location Map SH 89 2 As per ADB s SPS-2009 and OM Section F-1/OP issued on 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).
2 4. The subproject road section (SH-89) is 33.065 km road from Siwan to Siswan passes through the Siwan district of Bihar. The alignment of the road is proposed as Siwan Laxmipur - Surapur Chapiya Chatta Hassanpura Gopalpur Chainpur - Siswan. The ROW available in the road section ranges from 4.5 to 6m. 5. Soft shoulders are generally in fair to good condition. However, at a few locations especially on high embankment sections the width is reduced to only 1 m. Edge drop and undulation are also observed at a few locations. Rain cuts are also observed at major locations mainly on high embankment stretches like approaches to the structures due to lack of protection works and chute drains. 6. The horizontal alignment of the existing road has several sub-standard and sharp curves including right angle turn especially in initial stretch. Also, there is no proper transition length for several horizontal curves to provide for required super elevation reversal for riding safety and comfort. These deficiencies have been corrected in fixing the horizontal alignment for the entire subproject road to conform to MOSRTH standards. The vertical alignment of the road is at a flat grade with the height of embankment generally varying from 0.50 to 1.6.00 m, except for the approaches to major bridges. 1.3 Profile of the Project Area 7. The project area consists of Siwan district. Siwan district is one of the thirty-seven districts of Bihar state, India. Siwan has an area of 2219 Sq. Km with population is 3,318,176 as per 2011 census. The district is densely populated with 1495 person per Sq. km. which is substantially higher than the state average density of 1102 persons per sq km according to 2011 census year. Sex ratio, expressed as number of females per thousand males, of Siwan district (984) is comparable to the state average of 916 as per 2011 census. Bihar does not have any significant number of tribal population, 0.9% of total population, after division of the state into two, the other half being Jharkhand, the home of many scheduled tribes. 1.4 Subproject Impacts and Benefits 8. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. The possible direct and indirect positive impacts of the subproject are listed below. The immediate benefits of road construction and improvement will come in the form of direct employment opportunities for the roadside communities and specially those who are engaged as wage laborers, petty contractors and suppliers of raw materials. Improved road network will provide for improved linkages between the village communities and urban center, which provides wider marketing facilities. Road network will not only link the village communities to better markets, but also open up wider work opportunities in distant places. People can shuttle to distant work sites and towns and engage in construction, factories, business as well as domestic works. Improved road network will encourage urban entrepreneurs to invest in far and remote areas in commercial farming and industrial activities.
3 Improved road will also help people building strong institutional network with outside agencies. Essential and emergency services like schools, health center, public distribution system etc can be availed faster. Increased frequency of interaction with outsiders will increase the awareness level of the people in the village with regard to their health and nutrition, living style, value of education and proper utilization of available resources. Interaction with the government, non-government and other development agents will help people gain new knowledge on improved farming, land development, development and maintenance of natural resources through the formation of various economic and social development groups. 9. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area. The summary details of project profile including affected villages, households, and land acquisition are presented in the Table: 1.1 below; Name of District SIWAN Name of Villages Mapur Siwan Surapur Chhapiya khurd Chhapiya buzurg Chhata Hathauri Bindwal Bararam Harihans Gopalpur Shauli Aranda Tanrila Hasanpura Jalallpur Samri Rajanpuria Kathtal Madhwapur Nawada Nayagaon Mariwan Rampur Bhangwanpur Gharghat Tilauta Chandanpura Gangapur Table: 1.1 Summary of Affected Area Affected Households Displaced Persons 3 Affected Land (in Acres) No. of Affected Trees No. of Affected CPR 259 2073 26.00 441 4 3 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
4 1.5 Project Components 10. As the existing ROW is sufficient in substantial portion of the project length which is varies from 18 to 30 meters. This RoW (varies with varying extent of toe line) has been decided based on the embankment toe line due to requirement of comparatively more construction width due to high embankments for significant length. Key activities for sub-project road improvement involves (i) widening/strengthening of the road up to 2-lane undivided carriageway configuration (ii) improving road geometry (iii) laying of embankment (iv) construction of new bridges and other cross drainage structures (v) construction of side drains (vi) Junctions/intersections improvement (vii) provision of service roads and way side amenities etc. The brief of all key project activities are described below. 11. Road Configuration: It is proposed to construct/widen the road to 2 lane standard undivided carriageways of 7.0 m width with earthen shoulders width of 1.5 m either side are proposed. Structures 2 Lane standard configuration with independent 7.0 m carriageways (total width 10.5m) is proposed. However, in the first phase to be taken up now civil road works for two lane facility and two-lane structures are proposed for construction with two lanes. 12. Realignment/Bypasses: Two bypasses are proposed for the subproject from KM 0.00 to KM 2.650 Siwan and from Km 5.400 to Km 6.100 at Chhata. Only some realignments are proposed in some locations totalling a length of about 1.1 kilometres only due to (i) poor road geometry and pavement & embankment conditions (ii) inadequate ROW (iii) identification of bridges at suitable locations (iv) drainage & road side water body problems (v) cutting of large no. of trees (vi) interference with religious structures at a couple of locations and many other bottlenecks. 13. Bridges and other Cross Drainage Structures: One major bridge (on river Daha) and 6 minor bridges are proposed on this project corridor. There are 48 numbers of culverts along the project corridor in which the existing alignment has been followed. All pipe culverts, arch culverts and slab culvert are replaced by a new box culvert of different size. There is proposal for construction of 95 number of box culverts. There will be approximately 3 balancing culverts per Km of the road to allow the free passage of the water through the embankment. 14. Road side Drainage: There is no proper drainage along the existing alignment. The provision of catch water drain in cut sections, meter drain or out fall drain will be constructed to avoid outside water coming in and disposal of storm water at frequent intervals to prevent soil erosion. 15. Junctions/intersections Improvement: There are 5 major intersections (with NHs, SH & MDRs) in this project corridor. All major intersections will be improved for free and uninterrupted flow of traffic. As per the traffic analysis during feasibility study grade separation is not required at any of the intersection. 1.6 Minimizing Resettlement Impact 16. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. Following are the general criteria adopted for the selection of the alignment: It should serve as uninterrupted flow of traffic;
5 It should provide linkage to other link roads in the region; It should take in to account the future traffic growth and management; It should be coordinated with local and national development plans, It should minimize environment impact along the corridor; It should take in to consideration the opinions of local people in selection of alignment. 17. The specific measures adopted for minimizing the resettlement impacts for the sub project are as follows: Exploration of several alternate alignments in consultation with engineering team, concerned government departments and local community; Avoiding highly productive agricultural land to minimize the adverse economic displacement; Diverting the alignment towards the available unused government land to minimize impact on private property. 18. The preliminary project design of the project was conceptualized with 30 meter uniform ROW for the project. During detailed design stage, the following steps were taken to minimize land acquisition and resettlement impacts. The proposed ROW was fixed with the designed toe line + 2 meters additional width on each side only. Avoiding proposed realignments for minor curve improvements and widening the existing road by suggesting proper safety measures such as reducing the design speed, providing crash barrier, providing retaining wall, providing proper signage etc. Avoiding proposed junctions at small intersections by providing underpasses with service roads as per requirement. 19. Due to the above minimization efforts, the land acquisition requirement was reduced from 45.24 acres to 26.00 Acres and minimized the R&R impacts from 13209 Displaced Households (DH) to 2073 DPs. 1.7 Scope and Objective of Resettlement Plan (RP) 20. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 designed by ADB to protect the rights of the displaced persons and communities. The issues identified and addressed in this document are as follows: Type and extent of loss of land/ non-land assets, loss of livelihood, loss of common property resources and social infrastructure; Impacts on indigenous people, vulnerable groups like poor, women and other disadvantaged sections of society Public consultation and peoples participation in the project; Existing legal and administrative framework and formulation of resettlement policy for the project; Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses/income;
6 R&R cost estimate including provision for fund and; Institutional framework for the implementation of the plan, including grievance redress mechanism and monitoring reporting. 1.8 Methodology 21. The RP has been prepared by adopting flowing steps and methodologies. 1.8.1 Resettlement Screening 22. A social screening exercise was performed through a reconnaissance survey to gather first hand information on impact on land acquisition and resettlement with specific attention on land use, presence of legal and/or illegal housing, traffic patterns, cultural resources, urban settlements and other sensitive areas. The aim of reconnaissance survey was to assess the scope of land acquisition and resettlement study and accordingly the detailed plan of action was prepared for the preparation of land acquisition planning and resettlement plan. 1.8.2 Land Acquisition Planning 23. The alignment was finalized as per the detailed engineering design. Initially, the numbers of affected villages were identified as per the alignment. All the village maps were collected from the local revenue offices. The village maps were digitized by the detailed design consultant. Following the digitization of village maps, the engineering design of the alignment was superimposed in the digitized cadastral map in order to identify the number of land parcels and their demarcation including the quantification. The superimposition of alignment on the village map provided all the plot numbers. A Land Acquisition Plan (LAP) has been prepared accordingly. Based on the identified land plots, a team of local enumerators were hired and local revenue officials were consulted to collect the names of owners of each plot. 1.8.3 Census Survey and Inventory of Assets 24. Following finalization of the road alignment and identification of the land parcels, crosssections design and land acquisition requirements, census of all displaced persons (DPs) was carried in the subproject. The objective of the project census survey was to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation. A structured census questionnaire (refer Appendix: 1) was used to collect detailed information on affected households/ properties for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. The survey team was trained by the resettlement specialist and the survey was closely monitored on a regular basis. Additionally, socioeconomic data was also collected as part of the Social Impact Assessment (SIA) study. The census survey includes the following: Inventory of the 100% land and non land assets Categorization and measurements of potential loss Physical measurements of the affected assets/structures Identification of trees and crops Household characteristics, including social, economic and demographic profile
7 Identification of non titleholders Assessment of potential economic impact 1.8.4 Public Consultation 25. To ensure peoples participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of road users and problem and prospects of resettlement, various sections of Displaced persons (DPs) and other stakeholders were consulted through focus group discussions, individual interviews and formal and informal consultations. The vulnerable sections of DPs and women were also included in this consultation process.
8 CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1 Scope of Land Acquisition 26. Since the existing ROW is adequate in the sub-project and land acquisition is not required for widening of the existing road. Except the takeoff point there is no other realignment/ bypass is envisaged during the detail engineering. A project census survey was carried out to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost due to the project, which would be the basis of calculation of compensation. Initially the Census survey for Siwan to Siswan was carried out during 2011 and the updated census survey was carried out from 18th February 2012 to 23rd February 2012. The major findings in terms of magnitude of impacts are discussed in the following sections. 2.2 Loss of land 27. According to the Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, 26.00 acres of land will be acquired for the subproject. The area is excluding the existing ROW. Some DPs will be losing their land to the project and their livelihoods. Dwellings will also be affected. The detail impact of subproject on land and associated losses are discussed in this section. 2.2.1 Ownership of Land Being Acquired for the Subproject 28. Out of 26.00 acres, 24.95 acres (95.96%) land is privately owned and 1.05 acres (4.04%) is owned by various Government departments such as District Board, Irrigation department, Agriculture department and Central Government etc. The details of land acquisition requirement are summarized in the Table 2.1. Table 2.1: Details of Land being acquired for the Subproject Sl. No. Type of Land No. of Plots Area of land (in acres) %Age 1 Private Land 125 24.95 95.96 2 Government Land 6 1.05 4.04 Total 131 26.00 100.00 Land Acquisition Plan, Detailed Design Report, 2011 2.2.2 Type of the Land Being Acquired for the Subproject 29. The land being acquired for the sub-project is of various types such as irrigated land 18.85 acres (72.50%), non-irrigated land 6.05 acres (23.27%), other type including various government land 4.522 acres (2.23%). Various types of land area with number of plots are presented in the Table 2.2. Table 2.2: Type of the Land being acquired for the Subproject Sl. No. Type of Land No. of Plots Area (in Acre) %Age 1 Irrigated 100 18.85 72.50 2 Non-Irrigated 25 6.10 23.27 4 Other 6 1.05 4.23 Total 131 26.00 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012
9 2.2.3 Use of Land Being Acquired for the Subproject 30. The current land use pattern of land to be acquired for the sub-project shows that 18.85 acres (72.50%) of land are being used for cultivation. Among other land use, residential land is 3.81 acres (14.65%), commercial use is 1.42 acres (5.46%) and residential cum commercial use is 0.82 acres (3.15%). Others accounts to 4.23% of total land to be acquired which is basically government land being used for different purpose. There are 259 households being affected including 245 titleholders in 125 plots and 14 non-titleholders in 6 government plots. Details of land use pattern including number of plots are given in the Table 2.3. Table 2.3: Use of Land Being Acquired for the Subproject Sl. Land Usage No. of No of No. of Area (in %Age No. Plots Structures Households Acre) 1 Cultivation 98 0 195 18.85 72.50 2 Residential 21 17 38 3.81 14.65 3 Commercial 3 3 6 1.42 5.46 4 Residential & Commercial 3 2 6 0.82 3.15 5 Other (Government) 6 18 14 1.1 4.23 Total 131 40 259 26.00 100 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.2.4 Ownership Pattern of Private Land 31. All the private land being acquired for the sub-project is owned by titleholders only. Out of 125 private plots, 105 (84.00%) plots are owned by single household whereas 14 (11.20%) plots are owned by two or more households. It was not possible to ascertain the ownership pattern of 8 (32.00%) plots. The ownership pattern of private land is summarized in the Table 2.4 Table 2.4: Ownership Pattern of Private Land Sl. No. Ownership Pattern No. of land Unit/ Plot %Age 1 Single 105 84.00 2 Joint 14 11.20 3 Other/not specified 8 32.00 Total 125 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.2.5 Scale of Impact on Affected Private Land Units/ Plots 32. The analysis of data on scale of impacts on private land reveals that 35 (14.29%) households are losing less than 10% of their land. Among others, 96 (39.18%) households are losing between 10% to 25% followed by 78 (31.84%) households losing between 25% to 50%, 21 (8.57%) households losing between 50% and 75% and 15 (6.12%) households losing between 75% to 100% of their plot areas. The details of scale of impacts on private plots are presented in the Table 2.5.
10 Table 2.5: Scale of Impact on Affected Private Land Units/ Plots Sl. No. Scale of Impact No. of land Number of Unit/ Plot Households %Age 1 Up to 10% 14 35 14.29 2 Above 10% and Below 25% 42 96 39.18 3 Above 25% and Below 50% 48 78 31.84 4 Above 50% and Below 75% 12 21 8.57 5 Above 75% and up to 100% 9 15 6.12 Total 125 245 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.2.6 Indirect Impacts due to Loss of Private Land 33. In terms of indirect impacts on DPs due to loss of private land, 44 sharecroppers and 105 agricultural laborers will be affected. The details are summarized in Table 2.6 Table 2.6: Indirect Impact on DPs by Loss of Private Land Sl. No. Category of Impact No. of Household %Age 1 Sharecroppers 44 29.53 2 Agricultural Laborer 105 70.47 Total 149 100 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3 Loss of Structure in the Affected Private Land 34. Out of 125 private land units/ plots affected in the subproject, 102 plots are only land and 23 plots are land with structure. Within these 125 plots, there are 40 structures of various types such as private (36), religious (4) structure. The details of these structures are presented in the Table: 2.7. Table 2.7: Loss of Structure Sl. No. Type of Properties No. of affected structure Percentage 1 Private 36 90.00 2 Religious 4 10.00 Total 40 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3.1 Type of Structures Affected in the Subproject 35. The number of structures that will be affected due to proposed acquisition of land is enumerated as 40. Among these 22 are titleholders while number of squatters is found 18. The usage of the structures that belongs to title-holders is further classified as residential (77.27%), commercial (13.64%) and both commercial cum residential (9.09%). The details of structures are presented in the Table: 2.8.
11 Table 2.8: Type of Structures Affected in the Subproject Sl. No Type of Structure Title Holder Squatter Total 1 Residential Structure 17 14 31 2 Commercial Structure 3 0 3 3 Residential cum Commercial Structure 2 0 2 5 Religious Structure 0 4 4 Total 22 18 40 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3.2 Scale of Impact on Structure 36. The scale of impact is assessed on the basis of detailed measurement of the portion of the structures falling within the proposed ROW through census survey. Based on this survey data, the range of impact is grouped into five sub-categories, from a minimal range of up to 10% to a maximum of 100%. It is found that within the 40 affected structures there are 64 households will be affected. Out of 64 households, 11 (17.19%) households will be losing only 10% of their structures. There are 21 households, who will be losing between 10% and 25% of their structures. 25 (39.06%) households are losing between 25% and 50% and the rest of the 7 households are losing above 50 and below 75%. The details of scale of impacts on structures are presented in the Table 2.9. Table 2.9: Scale of Impact on Structure Sl. No. Scale of Impact No. of Structure Number of Households %Age 1 Up to 10% 7 11 17.19 2 Above 10% and Below 25% 13 21 32.81 3 Above 25% and Below 50% 17 25 39.06 4 Above 50% and Below 75% 3 7 10.94 5 Above 75% 0 0 00.00 Total 40 64 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3.3 Type of Construction of Affected Structure 37. The structures being affected in the subproject are of various types by construction such as temporary, semi-permanent and permanent nature. Out of 40 structures, 21 (52.50%) structures are of permanent nature, 17 (42.50%) structures are of semi-permanent nature and 2 (5.0%) structures are of temporary nature. The details of type of constructions of the affected structures are summarized in the Table 2.10.
12 Table 2.10: Type of Construction of Affected Structure Sl. No. Construction Type No. of Structure %Age 1 Temporary 2 5.00 2 Semi-Permanent 17 42.50 3 Permanent 21 52.50 Total 40 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3.4 Indirect Impacts on DPs by Loss of Private Structure 38. In terms of indirect impacts on DPs due to loss of private structures, 17 tenants and 15 employees will be affected as a result of impact on their residential structures. The details are summarized in Table 2.11 Table 2.11: Indirect Impact on DPs by Loss of Private Structure Sl. No. Category of Impact No. of Household %Age 1 Commercial Tenant 11 34.38 2 Residential cum Commercial Tenant 6 18.75 3 Employee in Commercial Structure 7 21.87 4 Employee in Residential cum Commercial Structure 8 25.00 Total 32 100.00 Source: Census Survey, BSHP II Project Additional Financing, 2012 2.3.5 Magnitude of Displacement in the Project 39. The finding of census survey was further analyzed to know the magnitude of displacement terms of both physical and economical displacement. According to the magnitude of impact, both physical and economic displacement is divided into three sub-categories. In case of physical displacement, households losing less than 10% of their residential structures are categorized as marginal displacement, households losing more than 10% and up to 25% of their residential structures are categorized as partial displacement and those households losing more than 25% of their residential structures are categorized as fully displaced. In case of economic displacement, households losing less than 10% of their productive assets are categorized as marginal displacement, households losing more than 10% and up to 75% of their productive assets are categorized as partial displacement and those households losing more than 75% of their productive assets are categorized as fully displaced. The breakup of 259 displaced households in terms of their magnitude is presented in the Table: 2.12. Table 2.12: Magnitude of Displacement in the Project Sl. No. Magnitude of Displacement Physical Economical Displacement Displacement Total 1 Marginally Displaced Household 11 26 37 2 Partially Displaced Household 21 172 193 3 Fully Displaced Household 5 24 29 Total 37 222 259 Source: Census Survey, BSHP II Project Additional Financing, 2012