Social Monitoring Report

Project Number: 40005-013 June 2018

Period: January 2017 – March 2018

IND: State Roads Project

Submitted by M.K. Mohanty

This report has been submitted to ADB by M.K. Mohanty for the Jharkhand State Roads Project, Government of Jharkhand and the Asian Development Bank and is made publicly available in accordance with ADB’s Public Communications Policy (2011). It does not necessarily reflect the views of ADB. This external social monitoring report 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.

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Loan No. 2594

Monitoring cum Completion Report (January 2017 - March 2018)

Prepared and Submitted by: M K Mohanty (Under ADB TA-7593 IND)

Completion Report-March 2018

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

CONTENTS Item Description Page No. 1. INTRODUCTION 2 1.1 Project Background 2 1.2 Description of the Project Road 2 1.3 Project Component 2 2. SCOPE AND OBJECTIVES OF EXTERNAL MONITORING 3 2.1 Objective of the External Monitoring 3 2.2 Scope of Services 3 3. APPROACH AND METHODOLOGY 4 4. RESETTLEMENT PRINCIPLES OF THE PROJECT 5 5. RESETTLEMENT IMPACTS UNDER THE PROJECT 10 6. COMPENSATION AND RELOCATION IN THE PROJECT 12 6.1 Land Acquisition Progress 12 6.2 Payment of Compensation for Land 13 6.3 Payment of Compensation for Structure 13 6.4 Payment of R&R Assistance 14 6.5 Relocation of Aps 15 6.6 Status of Relocation of CPR 15 7. CONSULTATION, DISCLOSURE AND GRIEVANCE 16 7.1 Public Consultation in the Project 16 7.2 Information Disclosure 16 7.3 Grievance Redress in the Project 16 8. INSTITUTIONAL ARRANGEMENT FOR RP IMPLEMENTATION 17 9. ADB POLICY COMPLIANCE IN RESETTLEMENT PLANNING 18 10. CORRECTIVE ACTION PLAN 19 11 STATUS OF BALANCE COMPENSATION AND ASSISTANCE 20 12 FINDINGS OF FIELD VISIT 22 13 OBSERVATION AND CONCLUSION 25 14 LESSON LEARNED 26

ANNEXURE Annexure: 1 Letter from Project Director 27 Annexure: 2 Letter from DLAO District 28 Annexure: 3 Letter from DLAO District 29 Annexure: 4 Letter from DLAO District 30 Annexure: 5 Letter from DLAO District 31 Annexure: 6 Letter from DLAO Sahibganj District 32 Annexure: 7 Photographs of Monitoring Visit 33

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

1. INTRODUCTION

1.1 Project Background

1. The Jharkhand State Highway Project (JSHP) is implementing the up-gradation and improvement of the existing State Highway of Jharkhand with ADB assistance. The project is rehabilitating the deteriorated and damaged state road corridor to provide reliable road transport services and hence reduce poverty in the long term. The Executing Agency (EA) for this project is Jharkhand Road Construction Department (RCD). In accordance with ADB’s procedure for Project lending, the project road section from Gobindpur to has been taken up for widening and rehabilitation.

1.2 Description of the Project Road

2. This Project comprises of the up-gradation of the existing State Highway section of Gobindpur – Jamtara – Dumka – Barhait – Sahebganj comprising of a total length of 311 kilometres, traversing through a total of six districts in the state. The entire project road is divided in to four construction packages. The details of packages are summarized in the Table 1.

Table 1: Details of the Packages Name of the Package District Covered Length Package Package I Govindpur – Jamtara Dhanbad, Jamtara 81 Km (including Gobindpur Bypass of 6.3km and Jamtara Bypass of 11km) Package II Jamtara– Dumka Jamtara, , 82 Km (including Dumka Dumka Bypass of 6.5km) Package III Dumka – Barhait Dumka, Pakur, 98 Km Sahebganj Package IV Barhait – Sahebganj Sahebganj 50 Km

Total 6 Districts 311 km

1.3 Project Component

3. The project proposal includes improvement of 311 kilometres of existing Govindpur - Sahebganj road section to standard two-lane State Highway. The proposed right of way of the road will be 30 meters in general and 45 meters in bypass sections. Three bypasses are proposed to avoid major town and congested market places in Gobindpur, Jamtara and Dumka.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

2. SCOPE AND OBJECTIVES OF EXTERNAL MONITORING

2.1 Objective of the External Monitoring

4. The objective of the external monitoring is to monitor the overall resettlement plan (RP) implementation and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored or enhanced and suggest valuable recommendations for improvement and corrective action plan.

2.2 Scope of Services

5. Major scope of work under the external monitoring includes development of specific monitoring indicators, review of results of internal monitoring and verify claims through random checking at the field level, identification of the strengths and weaknesses of the resettlement objectives and approaches, implementation strategies and suggest corrective action plans, review and verification of the progress in land acquisition, resettlement implementation and prepare semi-annual monitoring reports for the Implementation Agency (IA) and ADB.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

3. APPROACH AND METHODOLOGY

6. The broad methodology adopted for the external monitoring of resettlement plan implementation under the project is detailed below.

• Review of adequacy of resettlement planning carried out under the project • Review and verification of internal monitoring by IA/NGO • Sample interview of affected persons (AP) to check delivery of compensation and assistance as per eligibility project entitlement • Participation in public consultation and assess involvement of people in resettlement implementation process • Review the functioning of the institutional mechanism and resettlement operation proposed in the RP • Development of Monitoring Indicators to monitor the implementation of resettlement and social activities planned under the project • Preparation of the semi-annual external monitoring reports and submits to the IA and ADB.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

4. RESETTLEMENT PRINCIPLES OF THE PROJECT

7. The Resettlement planning during the project preparation is based on Government of regulations, Jharkhand Resettlement and Rehabilitation Norms for ADB Project-2009, and incorporating the ADB Involuntary Resettlement Policy (1995) and related Operations Manual F2 of 2006 on involuntary resettlement1.

8. As per the project R&R policy, all affected households are entitled to a combination of compensation measures and resettlement assistance, depending on the nature of their ownership rights over the affected assets and the scope of the impact, including the social and economic vulnerability of the affected persons. In general terms, the affected persons in the project are entitled to six types of compensation and assistance:

(i) compensation for loss of land, trees, etc. at replacement value; (ii) compensation for structures (residential/commercial) and other immovable assets at replacement value; (iii) assistance for loss of business/wage income; (iv) assistance for shifting; (v) rebuilding and/or restoration of community resources/facilities; and (vi) special additional assistance for vulnerable households.

9. The entitlement matrix detailing compensation and resettlement benefits to the affected persons has been formulated by the EA and agreed with ADB is presented in the Table 2.

Table 2: Entitlement Matrix Identification of Type of Loss Affected Entitlement Details Households A: LOSS OF LAND 1. Loss of Owner/Titleholder/ Cash a). Replacement land as per the law agricultural traditional land compensation at or cash compensation at land rights 2 of the Replacement cost replacement cost as determined affected plot according to the formula proposed in Jharkhand Resettlement & Rehabilitation norms for ADB Project- 20093; b). APs with traditional title/occupancy rights will also be eligible for full compensation for land, plus the difference or additional grant.

c) If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, any of the following three options are to be given to the AP, subject to his/her acceptance: • The AP remains on the plot, and

1ADB, 2006,Involuntary Resettlement, Operations Manual, OM F2/BP, Manila (25 September) 2 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders 3 As per the Jharkhand R&R Norms for ADB Project – 2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed abovebut whenever the land owner agrees to give the land voluntarily in that case 60% solatium shall be paid. Completion Report-March 2018 5

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

the compensation and assistance paid to the tune of required amount of land to be acquired. • Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his/her residual plot should also be acquired by the EA, EA will acquire the residual plot and pay the compensation for it.

d) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA. 2. Loss of Owner/Titleholder/ Compensation at a). Replacement of land or cash homestead traditional land replacement cost compensation at replacement cost as land rights 4 of the determined according to the formula (residential affected plot proposed in Jharkhand Resettlement and & Rehabilitation Norms for ADB commercial Project (JRRP) - 20095; land) b) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA. B: LOSS OF RESIDENTIAL, COMMERCIAL & OTHER STRUCTURES 3. Loss of Titleholder of • Compensation a) AP will be provided replacement structure affected structure at value of the residential structure, (residential Replacement which will be calculated as per the and cost latest prevailing basic schedule of commercial • Transfer grant rates (BSR) without depreciation. structures) • Rental b) Affected person shall be allowed assistance to take salvaged material from the demolished structure at no costs. c). A lump sum transfer grant of an amount of Rs 10,000 per household for shifting households’ assets and other belonging to the new area. d). Rental assistance as per the prevalent rate in the form of grant of Rs. 10,000 to cover maximum three month rental accommodation Tenants • Rental a). Rental assistance for both Assistance residential & commercial tenants at • Transfer grant the rate of Rs. 10,000 in the form of

29Traditional land rights refers to household with customary rights to land and shall be treated equivalent to titleholders 30As per the Jharkhand R&R Norms for ADB Project -2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (similar type of land)will be added to this cost. In addition, the land shall be acquired after paying 30% solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

• Compensation grant to cover maximum three month (in case rentals . additional b) A lump sum transfer grant of an structure amount of Rs 10,000 per household erected) for shifting households’ assets and other belonging to the new area. c). Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount. d). Any advance deposited by the tenants to the landlord will be deducted from land lord/owners total compensation package on submission of documentary evidences. e) Right to salvage material from demolished structure and frontage etc, erected by tenants. C: LOSS OF CROPS & TREES 4. Loss of • Land Owners Compensation at a) Advance notice to APs to harvest crops and • Sharecroppers ‘market value’ crops/fruits and remove trees. trees • Leaseholders b) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops based on average production. c) Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be computed with assistance from horticulture department. d) In case of fruit trees, compensation at average fruit production for next 15 years to be computed with assistance from horticulture department. D: LOSSES OF NON-TITLEHOLDERS 5. Loss of Squatters, No compensation a) Will be notified and given one structure encroachers and for land but month time to remove their (immovable informal settlers compensation for assets. assets structure at b) Compensation for affected constructed by replacement cost structures will be provided at squatters and and other replacement value of affected encroachers) assistance structure or equivalent financial assistance benefit provided under Indra Awash Yojna scheme. c) A lump sum transfer grant of an amount of Rs. 10,000 for shifting households’ assets and other belonging to the new area. d) Right to salvage material from demolished structure at no cost. E: LOSS OF LIVELIHOOD SOURCE 6. Loss of Titleholders losing Rehabilitation a) APs losing strip of land primary income through Assistance for (insignificant) due to acquisition source of agriculture income restoration will be eligible to ex-gratia income for payment of Rs20000 Completion Report-March 2018 7

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

the titleholders b) Transitional allowance equivalent 250 days of Minimum Agricultural Wage6 (MAW) in the state at the time of Section 4 notification under Jharkhand LA Act. He shall also be entitled for National/State level job card under National Rural Employment Programme. Titleholders losing Transitional a) Monthly subsistence allowance income through assistance equivalent to three months of his business average business income. 7. Loss of Non-titleholders Training a) One-time financial assistance for primary namely squatters Assistance for transitional income support source of and vulnerable income restoration equivalent to one time payment income for encroachers losing unskilled labour entitled for the non- primary source of onetime payment of 250 days titleholders income. payment as fixed by Government [wage earning under minimum wages Act job employees, card under National/State agricultural Employment Guarantee labour, non- Program. agricultural Wage earning Transitional a). This is valid for persons indirectly labour, employees indirectly assistance affected due to the employer having squatters and affected due to being displaced, onetime payment of vulnerable displacement of 200 days of minimum wages 7 as encroachers] commercial structure fixed by the govt. b) Employment opportunity in the road construction work if desired so by them F: LOSS OF COMMON PROPERTY RESOURCES 8. Loss of Affected Cash a). Cash compensation at Common community/Institution compensation/ replacement cost or reconstruction of Property responsible reconstruction the community structure in Resources consultation with the community G: SUPPORT TO VULNERABLE SECTIONS 9. Additional Households One time Lump a). Additional one-time lump sum assistance to categorized as sum assistance assistance of Rs. 10,000 per vulnerable vulnerable (BPL household to vulnerable households. groups households, female- This will be over and above the other headed households, assistance/s as per this framework. SC/STs, disabled/elderly) H: OTHER UNANTICIPATED IMPACTS 10. Temporary • Owner/ Cash a) The contractor shall bear the impact during Titleholder/ compensation for cost of any impact on structure or construction traditional rights loss of income land due to movement of like disruption of the affected potential machinery during construction or of normal plot establishment of construction traffic, • Community plant. damage to b) Compensation for standing crops adjacent and trees as per the market rate parcel of c) Restoration of land to its land/assets previous quality

30 The minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 31 The minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 32 The minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

due to d) The contractor will negotiate a movement of rental rate with the owner for all machinery and temporary use of land outside plant site for proposed RoW. contractor etc 11. Any Any unanticipated consequence of the project will be documented and mitigated unanticipated based on the spirit of the principles agreed upon in this Norms framework. adverse impact due to project intervention

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

5. RESETTLEMENT IMPACTS UNDER THE PROJECT

10. Resettlement Plans for each of the four packages have been prepared based on the preliminary detailed designs in 2008. During the early stage of project implementation, the subproject design of the Govindpur - Jamtara was revisited and modified to avoid impact on the commercial and residential structures at Govindpur junction by proposing a 6.5 km long bypass. Based on the final design, additional census survey of the bypass section was carried out in 2010 and the RP was updated accordingly.

11. Initially land acquisition plan (LAP) for the project was prepared during preliminary design with proposal for acquisition of land in only some specific locations and the impacts assessed during the preparation of original RPs were based on the initial LAP. The summary project impacts as per the original RPs for four packages are presented in the Table 3.

Table 3: Summary of Project Impacts as Per Original RP

Affected Assets

Com al al al of No. of No. Land Plots Persons Affected Affected Package Other (acres) Households Res - Residenti Agricultur Commerci Structures Structures Structures I 925 8,016 782 287 72 77 0 160.40 II 1,235 8,272 1,328 426 38 91 5 99.78 III 1,588 10,025 1,695 420 109 96 30 120.12 IV 857 5,620 542 328 43 127 7 55.57 Total 4,605 31,933 4,347 1461 262 391 42 435.87 a. Other losses include assets such as temples, cattle sheds, and garages. b. Total land affected includes agricultural, residential, commercial and residential-cum-commercial land. Source: Resettlement Plans

12. The land requirement and R&R impacts presented in the original RPs are based on the earlier project design and it has been increased considerably after final design of the road incorporating 30 meters uniform ROW for open areas and 45 meters for bypass sections. As per the final verification of R&R impacts conducted by implementing NGOs the revised project impact reflected in the updated RPs is summarised in the Table 4.

Table 4: Summary Revised Project Impacts8

-

- cum Other Other Losing Losing Losing Persons Affected Affected Affected Affected Package Structures Structures Structures Residential Households Households Households Households Commercial Households Res Losing Commercial Households Households Losing Land Losing

I 1670 752 290 5 209 2926 14630 II 743 844 52 163 72 1874 9370 III 1015 660 185 58 49 1967 9855 IV 730 588 55 186 32 1591 7995 Total 4158 2844 582 412 362 8358 41850

8 Increase in number of APs and number of AH are not proportionate because earlier estimation was based on average family size statewise and the revised information is based on the actual figures based on the NGO verification survey. Completion Report-March 2018 10

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

13. Out of 8358 affected households (AH), 7490 households are titleholders and 506 householders are non-titleholders. The package wise status of affected households is presented in the Table 5.

Table 5: Status of Affected Households Non- Tenant Wage Total Titleholder Package titleholder Labour Affected Households Households Households I 2503 214 120 89 2926 II 1725 77 41 31 1874 III 1765 153 49 0 1967 IV 1497 62 32 0 1591 Total 7490 506 242 120 8358

14. The total land acquisition requirement for the project is 1862.236 acres. Out of the total land requirement, 1274.402 acres of private land have been acquired through Land Acquisition Act (LAA) 1894. Another 447.20 acres of government land have been transferred to RCD from various concerned departments and 140.634 acres of forest land have been procured through forest land diversion process. The details of land requirement and acquisition process are presented in the Table 6.

Table 6: Land Requirements in the Project Private Land Government Forest Land Total land Package Acquisition Land Transfer Transfer Requirement I 388.924 165.95 31.709 586.583 II 305.23 238.87 34.81 578.91 III 328. 55 41.38 58.27 428. 20 IV 251.698 1.00 15.845 268.543 Total 1274.402 447.20 140.634 1862.236

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

6. COMPENSATION AND RELOCATION IN THE PROJECT

15. Land acquisition for the project is being carried out as per the Land Acquisition Act, 1894 and the replacement cost of the land is derived by using the formula propounded in Jharkhand R&R Norms 2009. According to the Jharkhand R&R Norms 2009, after the registration cost of similar type of land at the time of notification is derived, 50% top up is added to this rate. In addition, the land is being acquired after paying 30 percent solatium on the rates as fixed above. However, whenever the land owner consented to give his land through open purchase, rather than acquisition through the LAA 1894, 60% solatium is being paid. Where such a circle rate does not exist, a base cost has been calculated by considering 15 years of the annual average output value of pertinent crop land.

16. Compensation for structure under the project has been calculated applying the current Basic Schedule of Rate (BSR) of the Public Works Department without depreciation. Compensation for the loss of crops and trees was not paid under the project, because the affected households are allowed to harvest their crops and cut trees before the start of civil works, as per the state Government procedure.

17. Since there is a restriction on the sale of land in the tribal area, it was difficult to ascertain reliable land prices at replacement cost. Therefore it was decided to provide 1.5 times the current circle rate, based on the Jharkhand R&R Norms of 2009, to derive a compensation at the then existing replacement cost. Furthermore, in all cases 60% solatium has been paid to all APs losing land. For the loss of structures a solatium of 30% is added. Based on asssessment of adopting the above mechanism it is concluded that the compensation paid under the Project was adequate as per the prevailing replacement cost.

6.1 Land Acquisition Progress

18. The land acquisition process in the project started from 2009 and notified as per LA Act at various phases in the six affected districts. Payment of compensation in the project started from 2011. Land acquisition processes in eight villages under the project have taken long time due to additional requirement of State Government’s approval as these were involving high compensation value. The awards declared for these eight villages in late 2013. It is confirmed that the land acquisition under the project as reported in the previous monitoring report has been completed as per LA Act 1894 before effectiveness of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, in the year 2015, about 2.004 acres of land was lately identified as private land and the acquisition for that was completed through negotiation.

19. As on date all land acquisition process has been completed for Project and no additional land was proposed or acquired after 31st December 2015..

6.2 Payment of Compensation for Land

20. The status of payment of compensation for land to the titleholders losing land is summarised in the Table 7.

21. It was observed during the implementation that the unit rate of land is not uniform and it changes with change of landuse, distance from existing roads and change of villages. Plot-wise rates and values estimated for compensation by the DLAO is available in the hardcopy of the AP’s award documents. In the Micro Plan prepared by the implementation NGOs, only the total compensation amount as per the award document is included. Unit rates and compensation amounts for various types of land are not mentioned. Since the award documents available with the DLAO/PIU are not computerised, at this stage detailed

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

compensation rates cannot be presented in this report. However, during monitoring it was found that the value given by the DLAO according to the special norms adopted for the Project was equal to the prevailing replacement cost.

Table 7: Compensation to Affected Households for Loss of Land Number of Households Package Target Progress till date % Balance % I 2503 2384 95.25 119 4.75 II 1725 1571 91.07 154 8.93 III 1765 1738 98.47 27 1.53 IV 1497 1415 94.52 82 5.48 Total 7490 7108 94.9 382 5.1

6.3 Payment of Compensation for Structure

22. Various types of structures, such as residential, commercial, residential-cum commercial, among others, are affected due to the project. Table 8 summarizes the status of compensation of affected households, both titled and non-titled, for the loss of structures.

Table 8: Payment of Compensation for Structure Progress till date Balance Package Type of Structure Target No. % No. % Residential 752 750 99.73 2 0.27 Commercial 290 290 100 0 0 I Res-cum-Com 5 5 100 0 0 Total Pkg-I 1047 1045 99.81 2 0.19 Residential 844 844 100 0 0 Commercial 52 50 96.15 2 3.85 II Res-cum-Com 163 149 91.41 14 8.59 Total Pkg-II 1059 1043 98.49 16 1.51 Residential 660 660 100 0 0 Commercial 185 185 100 0 0 III Res-cum-Com 58 58 100 0 0 Total Pkg-III 903 903 100 0 0 IV Residential 588 525 89.29 63 10.71 Commercial 89 89 100 0 0 Res-cum-Com 152 152 100 0 0 Total Pkg-IV 829 766 92.4 63 7.6 Total 3838 3757 97.98 81 2.11

6.4 Payment of R&R Assistance

23. In addition to compensation for land and non-land assets, the affected persons under the project are eligible for various types of R&R assistances as per the entitlement matrix.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

The APs eligible for various assistance as per RP and the status of their payment is summarised in the Table 9.

24. APs losing agricultural land are paid minimum ex-gratia amount of Rs. 20,000/- and transitional allowance equivalent to 250 days of minimum agricultural wage. Each APs losing residential and/or commercial structures are paid Rs. 10,000/- shifting allowance and rental assistance of Rs. 10,000/-. APs losing income through business loss are paid monthly subsistence allowance equivalent to three months of his average business income. In addition, APs belong to vulnerable category as defined in the RP are paid one time lump sum assistance of Rs. 10,000/-.

Table 9: Status of payment of Assistance to APs

Target Status till date Balance Type of Assistance No. No. % No. % PACKAGE-I TH APs eligible for transitional allowance equivalent 250 days of MAW 362 347 95.86 15 4.14 APs eligible to ex-gratia payment of Rs. 20000 880 776 88.18 104 11.82 APs eligible for monthly subsistence allowance equivalent to three months 170 170 100.00 0 0.00 NTH APs eligible for transitional allowance equivalent 250 days of MAW 125 125 100.00 0 0.00 Transitional Allowance to Wage Labour 89 89 100.00 0 0.00 Vulnerability Assistance 1934 1891 97.78 43 2.22 Shifting Assistance 1118 1116 99.82 2 0.18 Rental Assistance 952 950 99.79 2 0.21 Total 5630 5464 97.05 166 2.95 PACKAGE-II TH APs eligible for transitional allowance equivalent 250 days of MAW 145 143 98.62 2 1.38 APs eligible to ex-gratia payment of Rs. 20000 392 308 78.57 84 21.43 APs eligible for monthly subsistence allowance equivalent to three months 163 125 76.69 38 23.31 NTH APs eligible for transitional allowance equivalent 250 days of MAW 52 52 100.00 0 0.00 Transitional Allowance to Wage Labour 31 31 100.00 0 0.00 Vulnerability Assistance 1286 1159 90.12 127 9.88 Shifting Assistance 1063 1047 98.49 16 1.51 Rental Assistance 989 973 98.38 16 1.62 Total 4121 3838 93.13 283 6.87 PACKAGE-III TH APs eligible for transitional allowance equivalent 250 days of MAW 446 431 96.64 15 3.36 APs eligible to ex-gratia payment of Rs. 20000 546 534 97.80 12 2.20 APs eligible for monthly subsistence allowance equivalent to three months 118 118 100.00 0 0.00 Completion Report-March 2018 14

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

NTH APs eligible for transitional allowance equivalent 250 days of MAW 125 125 100.00 0 0.00 Vulnerability Assistance 1548 1526 98.58 22 1.42 Shifting Assistance 930 930 100.00 0 0.00 Rental Assistance 784 784 100.00 0 0.00 Total 4497 4448 98.91 49 1.09 PACKAGE-IV TH APs eligible for transitional allowance equivalent 250 days of MAW 568 568 100.00 0 0.00 APs eligible to ex-gratia payment of Rs. 20000 159 153 96.23 6 3.77 APs eligible for monthly subsistence allowance equivalent to three months 187 164 87.70 23 12.30 NTH APs eligible for transitional allowance equivalent 250 days of MAW 40 40 100.00 0 0.00 Vulnerability Assistance 1090 1079 98.99 11 1.01 Shifting Assistance 855 831 97.19 24 2.81 Rental Assistance 780 756 96.92 24 3.08 Total 3679 3591 97.61 88 2.39

TOTAL 17927 17341 96.73 586 3.27

25. The amount of compensation for land and structures paid till date and the balance amount to be paid under the Project is presented in the Table: 10.

Table: 10 Details of Compensation Amount under the Project

Package Target (Rs.) Paid (Rs.) Balance (Rs.) Package-I 50,12,45,235 46,99,29,127 3,13,16,108 Package-II 24,58,61,139 22,59,96,696 1,98,64,443 Package-III 23,34,30,926 23,14,95,674 19,35,252 Package-IV 20,57,54,273 18,91,94,490 1,65,59,783 Total 1,18,62,91,573 1,11,66,15,987 6,96,75,586

26. The details of assistance amount paid till date and the balance amount to be paid under the Project is presented in the Table: 11.

Table: 11 Details of Assistance Amount under the Project

Package Target Paid Balance Package-I 73295050 58817800 14477250 Package-II 48358350 39199536 9158814 Package-III 59427250 57915750 1511500 Package-IV 47965000 47039000 926000 Total 229045650 202972086 26073564

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

6.5 Relocation of APs

27. In the project, there is no project based relocation occurred and people have opted for self relocation as per the RP. As per land acquisition act, the possession of land is given to RCD by the DLAO and subsequently RCD has handed over the land to contractor. Full compensation amount has already been paid by the DLAO to all available and eligible titleholders who has produced their ducuments for compensation. The award for compensation was tenderd by DLAO unconditionnaly. The balance compensation and assistance include APs absent in the Project area, ongoing court cases, or in case of death cases.

28. During the monitoring of project it has been observed and confirmed that in compliance to the ADB policy and provision of RP, there is no forced relocation of any AP. APs have been relocated themselves after receiving eligible compensation and assistances.

29. In section of Package-II, the DLAO has deducted 10% of the compensation amount due to 163 APs on account of income tax, which is non-compliant with the LA Act and R&R policy of this project. The NGO engaged for implementation of CAP assisted the APs in filing IT returns and getting back their deducted compensation amount.

6.6 Status of Relocation of CPR

30. As per the original RP, 375 CPRs were reported for shifting. However, during the implementation period many of them were avoided and the number reduced to 203. As on date, all CPR relocation process has completed under the Project.

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External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

7. CONSULTATION, DISCLOSURE AND GRIEVANCE

7.1 Public Consultation in the Project

31. Initial public consultation was carried out in the project during the project preparation stage. The EA with the help of implementing NGOs continuously engaged in the consultation process with the affected people and community in the project. Five rounds of formal public consultation meetings were organised in the each affected villages involving village heads and APs including women. First round of consultation was carried out for project awareness and disclosure of entitlement matrix to the APs, second round of consultation was carried out for formation of Village Level Committee (VLC), third round of consultation was carried during identification and verification of APs, fourth round of consultation was carried out for preparation of ID cards and fifth round of consultation was carried out during disbursement of compensation and assistance. During the RP implementation to date, 431 consultation meetings are organised under the project including 204 consultation meetings in Package-I, 92 consultation meetings in Package-II, 86 consultation meetings in Package-III and 49 consultation meetings in Package-IV.

7.2 Information Disclosure

32. All the four RPs prepared are approved by ADB and available in ADB website as well as website of the EA. The copies of RPs are also made available at each affected DC offices, DLAO offices and office of the BDOs. The updated RP for all the four have been uploaded to the web.

33. For further disclosure of information and transparency in implementation of RP, the EA has developed management information system (MIS) and periodically updating implementation status at the website: http://www.jsrprcd.gov.in/JSRP/LoadHome.aspx . This database was updated till RP implementing NGOs were working and after that it has not been updated. DPs were informed about the updated during consultation meeting conducted by NGOs.

7.3 Grievance Redress in the Project

34. To address and resolve grievances related to project by the affected community and APs, Grievance Redress Cells (GRC) are established at each affected district level comprising of the Executive Engineer, local NGO representative, Village head "Gram Pradhan"community leaders (non-political), and representatives of affected persons (including women and vulnerable groups) and headed by Additional District Magistrate (ADM).

35. The grievances are received by GRC through the DC, DLAO and PIU with the help of NGOs. The GRC has conducted meetings as and when required and resolved the grievances. The types of grievances received in the project are summarised in the Table 10. It is confirmed that all the grievances received by the GRC are successfully redressed under the Project.

36. The grievance redressal system established under the Project was very much effective as all the grievances were successfuly redressed and APs were benefitted from this mechanism. Various cases regarding measurement of properties, valuation, inclusion etc. addressed by the GRC and supplementary micro plan were prepared to include the recommendation of GRC.

Table 12: Type of Grievances Received by GRC

Completion Report-March 2018 17

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

On Land On land On Structure On Structure On Pkg. Other Total Measurement Compensation Measurement Compensation Assistance I 10 19 114 75 36 93 347 II 4 7 104 34 0 45 194 III 4 28 15 70 9 10 136 IV 8 2 40 46 1 1 98 Total 26 56 273 225 46 149 775

8. INSTITUTIONAL ARRANGEMENT FOR RP IMPLEMENTATION

8.1 Institutional Arrangement under the Project

37. For overall project implementation, the EA i.e. Road Construction Department (RCD) headed by Secretary has made specific institutional arrangements as agrred in RP. Government of Jharkhand (GOJH) has constituted a High-Level Project Coordination Committee chaired by Chief Secretary, GOJH for overall project monitoring and supervision.

38. A Project Implementation Cell (PIC) headed by Project Director was formed for implementation of the project. For supporting land acquisition and RP implementation, a special land Acquisition Officer-cum-Grievance Redress and Information Officer is appointed in the PIC. An Assistant Engineer designated as Assistant Director (Environment) and posted in the PIC to look after the day to day activities of RP implementation.

39. To support field level management of land acquisition and R&R activities at PIU level four Executive Engineers (EE) of RCD has been designated as Resettlement Officers (RO). For further support in RP implementation, services of Non Government Organization (NGO) are hired for all the four PIUs.

40. A District Level Task Force (DLTF) chaired by District Collector and comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO) and RO has been constituted at each district level. The main objective of this DLTF is to ensure inter- departmental coordination as well as ensure speedy resolution of issues and grievances of the communities.

41. Grievance Redress Cell (GRC) headed by Additional District Collector and comprising of the Executive Engineer, local NGO representative, community leaders (non- political), and representatives of affected persons (including women and vulnerable groups) are established at each district level to address and resolve community grievances.

42. The institutional arrangement made of the Project specifically hiring of NGO, constitution of DLTF, formation of GRC were very effective and adequate for the Project.

Completion Report-March 2018 18

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

9. ADB POLICY COMPLIANCE IN RESETTLEMENT PLANNING

43. During the January-June 2014 reporting period, ADB policy non-compliances regarding an inconsistency related to compensation provision for non-titleholders and regarding updation of RP was reported as discussed in this section.

44. As per the ADB IR policy and the related ADB Operation Manual F2 of 2006, all squatters among the non-titled affected persons, who have occupied the land in question before the cut-off date (i.e. the date of census survey), are eligible for compensation of all lost non-land assets (including structures, crops, trees and livelihood loss). Contrary to this policy requirement, the project entitlement matrix makes provision for following entitlements only.

1. Squatters will be notified and given one month time to remove their assets. 2. Compensation for affected structures to the vulnerable 9 households at below poverty line (BPL) non title holder shall be provided replacement value of affected structure or equivalent financial assistance benefit provided under Indira Awash Yojna scheme. 3. A lump sum transfer grant of an amount of Rs. 10,000 for shifting households’ assets and other belonging to the new area. 4. Right to salvage material from demolished structure at no cost.

45. According to the above 2nd entitlement provision, only vulnerable or BPL APs are eligible for compensation for their non-land assets and those APs who does not have BPL status or possess BPL cards are not entitled for any compensation. This is a matter of non- compliance of ADB safeguard policy.

46. During the initial stage of project implementation, the EA decided to have uniform right of way (ROW) of 30 meters in general and 45 meters in bypass locations and accordingly LAP was revised. This change of scope and additional land acquisition requirement resulted in increase of impacts by more than twice. As per ADB safeguard policy requirement, if there is any change in scope and increase in impacts, the EA needs to update the RP and submit for ADB approval before starting of civil works. However, in this project context no updated RPs are prepared and obtained ADB approval before the start of civil works and thus it is another issue of non-compliance of ADB policy.

9 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. Completion Report-March 2018 19

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

10. CORRECTIVE ACTION PLAN

47. Based on the policy non compliances reported in June-2014 external monitoring report the corrective action plan (CAP) described under the following Table 11 was suggested for implementation.

Table 11: Corrective Action Plan S. N. Non Compliances Corrective Action Implementation Status 1 Updating of Resettlement • Updating the Draft • RP-cum-Due Diligence Plan: Resettlement Plan reflecting Reports for all four As per the requirement of latest scope of work/ change Packages updated and ADB IR policy 1995 and the in design and incorporating after ADB approval, related ADB Operation final impacts. those are published in Manual F2 of 2006The draft • The updated RP also revise RCD and ADB website. RP was not updated prior to the entitlement matrix the start of the civil work but incorporating payment of • NGO’s services are in the project context the RP compensation for non-land extended has been implemented assets to all squatter APs. without updating. • Since the RP has been already implemented without updating the updated RP also needs to include a section on due diligence study. • The updated RP needs to be translated in to local language disclosed to APs in the manner prescribed in the RP. • The updated RP shall be disclosed in RCD and ADB website. • RCD needs to give additional work contract to NGO for updating of RP and follow-up disclosure to APs 2 Payment of Compensation • To comply with the ADB • Additional contract to for non-land assets to all policy requirement, all NGO already awarded squatters: squatters who had not been for implementation of As per the ADB IR policy paid for their non-land assets CAP 1995 and the related ADB needs to be paid the Operation Manual F2 of compensation. 2006, non-titled affected • Since RCD have the persons (squatters) database of all those Payment of compensation occupied the land before the squatters not paid for their for non-land assets to non- cut-off date i.e. the date of loss of non-land assets needs BPL NTH are completed census survey are eligible to be contacted and informed for compensation for all non- about their entitlement. land assets (including • RCD needs to give additional structures, crops, trees and work contract to NGO for livelihood loss). However, implementation of corrective Under the project, only action plan vulnerable or BPL APs are eligible for compensation for their non-land assets and those APs who does not have BPL status or possess BPL cards are not entitled for any compensation

Completion Report-March 2018 20

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

11. STATUS OF BALANCE PAYMENT OF COMPENSATION AND ASSISTANCE

48. The EA has completed the payemt of compensation and assistance through DLAO to the APs except households who have court cases, or could not be traced. During the previsous monitoing reporting RCD was advised to make effort to trace these households in case failure to locate, deposit the compensation in court under provision of LAA 1898 and to comply with the procedure of SPS-2009. The EA has informed that these households could not be traced and the amount of compensation is alrady deposited with the DLAOs. The same has also been confirmed through the letter submitted to ADB as attached in Annexure-1. The respective DLAOs have already initiated the process of deposit of balance compensation and assistance amount with the appropriate courts as per the requirement of Land Acqusition Act 1894. The details district wise status and declaration of DLAOs are presented in the Table: 12.

Table: 12 Status of Balance Balance Compensation and Assistance

District Completion Status Remark Dhanbad • Payment of compensation for land and non-land Letter from assets to title-holders available APs completed DLAO Dhanbad • Payment of assistance to titleholders available APs attached as completed Annexure-2 • Payment of compensation for non-land assets to non- titleholders available APs completed • Payment of assistance to non-titleholders APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed • Process initiated to deposit the unclaimed compensation amount and unpaid amount due to court cases or ownership dispute with the LA Court Jamtara • Payment of compensation for land and non-land Letter from assets to title-holders available APs completed DLAO Jamtara • Payment ofaAssistance to titleholders available APs attached as completed Annexure-3 • Payment of compensation for non-land assets to non- titleholders available APs completed • Payment of assistance to non-titleholders available APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed • Process initiated to deposit the unclaimed compensation amount and unpaid amount due to court cases or ownership dispute with the LA Court Deogarh • Payment of compensation for land and non-land No letter assets to title-holders APs completed submitted as • Payment of assistance to titleholders APs completed 100% payment • Payment of compensation for non-land assets to non- is completed titleholders APs completed • Payment of assistance to non-titleholders APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed Dumka • Payment of compensation for land and non-land Letter from Completion Report-March 2018 21

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

assets to title-holders available APs completed DLAO Dumka • Payment of assistance to titleholders available APs attached as completed Annexure-4 • Payment of compensation for non-land assets to non- titleholders available APs completed • Payment of assistance to non-titleholders available APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed for 26 out of 50. The 24 APs were ealier deleted from original Micro Plan and hence not paid. The Micro plans were approved earlier hence the DLAO is still have the records of 24 for which the funds were also not deposited with the DLAO. • Process initiated to deposit the unclaimed compensation amount and unpaid amount due to court cases or ownership dispute with the LA Court Pakur • Payment of compensation for land and non-land Letter from assets to title-holders available APs completed DLAO Pakur • Payment of assistance to titleholders available APs attached as completed Annexure-5 • Payment of compensation for non-land assets to non- titleholders available APs completed • Payment of assistance to non-titleholders available APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed. • Process initiated to deposit the unclaimed compensation amount and unpaid amount due to court cases or ownership dispute with the LA Court Sahibganj • Payment of compensation for land and non-land Letter from assets to title-holders available APs completed DLAO • Payment of assistance to titleholders available APs Sahibganj completed attached as • Payment of compensation for non-land assets to non- Annexure-6 titleholders available APs completed • Payment of assistance to non-titleholders available APs completed • Payment of compensation for non-land assets to non- BPL APs as per CAP is completed • Process initiated to deposit the unclaimed compensation amount and unpaid amount due to court cases or ownership dispute with the LA Court

Completion Report-March 2018 22

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

12. FINDINGS OF FIELD VISIT

49. Various officers engaged in Project implementation were consulted about the status and progress of resettlement management during the final external monitoring visit in August 2017. The progress of balance payment of compnsation and assistance and issue of depositing the compensation amout with the LA court were discussed with the DLAOs of Pakur and Dhanbad districts.

50. During the field visit conducted in the month of August 2017, some of the APs were consulted along the Projct roads to access their level of comfort level post resettlement and rehabilitation process and benit from the Project. The details of findings are summarised in the Table: 13.

Table: 13 Findings of Post Resettlement Consultation with APs

Name of the AP Location Summary Findings Janeswar Kusku Lahardihi Village • Received all compensation and assistance for (TH) (Package-1) his loss of land in bypass section • Got good connectivity to his village/land and business opportunity • Utilised the compensation for renovation of his house Muslim Ansari Lahardihi Village • Received all compenstion and assistance for (TH) (Package-1) his land and structure • Relocated within the village in his own land • Utilised the money with starting a road side tea stall business Safiq Ansari Lahardihi Village • Received all compenstion and assistance for (NTH) (Package-1) his loss of structure • Relocated within the village in his own land Nurulal Soren Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (road side hotel) (Package-1) • Shifted back and constructed new hotel within the available land • Business increased after new road construction Sahadat Ansari Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (cloth store) (Package-1) • Shifted back and constructed new shop within the available land • Business increased after new road construction Asif Ansari Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (grocery shop) (Package-1) • Shifted back and constructed new shop within the available land • Business increased after new road construction Gul Mohammad Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (shoe shop) (Package-1) • Shifted back and constructed new shop within the available land • Business increased after new road construction Devi Lal Soren Chanddihi • Received all compenstion and assistance for (TH) (Lakhanpur) Village his lost land (Package-1) • Utilised money in house renovation Completion Report-March 2018 23

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Name of the AP Location Summary Findings Isuk Mia Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (tailor shop) (Package-1) • Shifted back and constructed new shop within the available land • Business increased after new road construction Habib Mia Chanddihi • Received all compenstion and assistance for (NTH) (Lakhanpur) Village his lost structure (sweet shop) (Package-1) • Shifted back and constructed new shop within the available land • Business increased after new road construction Rajauddin Mia Mirga Basti Village • Received all assistance earlier and (NTH non-BPL) (Package-1) compensation in August-2017 for his lost structure Abdul Zabar Chirudihi Village • Received all compenstion and assistance for (TH) (Package-1) his lost land and structure • Reonstructed structure within the available land Manoranjan Dhulta Village • Received all compenstion and assistance for Mahato (Package-2) his lost land and structure (TH) • Reonstructed structure within the available land Moti Mahato Dhulta Village • Received all compenstion and assistance for (TH) (Package-2) his lost land and structure • Reonstructed structure within the available land Batul Mahato Dhulta Village • Received all compenstion and assistance for (TH) (Package-2) his lost land and structure • Reonstructed structure within the available land Gulu Mahato Dhulta Village • Lost 2 structures, Received all compenstion (TH) (Package-2) and assistance for one and other one under dispute • Reonstructed structure within the available land Shripati Nath Dhawa Village • Received all compenstion and assistance for Yadav (Package-2) his lost land and structure (TH) • Reonstructed structure within the available land Badal Yadav Dhawa Village • Received all compenstion and assistance for (TH) (Package-2) his lost land and structure • Reonstructed structure within the available land Sharat Yadav Dhawa Village • Received all compenstion and assistance for (TH) (Package-2) his lost land and structure • Reonstructed structure within the available land Sudhir Mandal • Received all compenstion and assistance for (TH) Village his lost land and structure (Package-3) • Reonstructed structure within the available land Ramu Rai Sirtola Village • Received all assistance earlier and (NTH non-BPL) (Package-3) compensation in 2017 for his lost structure (tea stall) • Ropened the tea stall on oad side available land • Business increased after new road construction Nand Kishor Singh Amjhari Village • Received all assistance earlier and (NTH non-BPL) (Package-3) compensation in 2017 for his lost structure • Ropened the tea stall on oad side available land Completion Report-March 2018 24

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Name of the AP Location Summary Findings • Business increased after new road construction Ram Prasad Rajak Jirwabari Village • Received all assistance earlier and (NTH non-BPL) (Package-3) compensation in 2017 for his lost structure • Constructed new house Ram Prakash Jirwabari Village • Received all compenstion and assistance for Sahu (Package-3) his lost land (TH) Chandan Kumar Jirwabari Village • Received all compenstion and assistance for (NTH) (Package-3) his lost structure (tea stall) • Shifted back and constructed new shop within the available land • Business increased after new road construction Prithvi Chand Banjhi Village • Received all compenstion and assistance for bhagat (Package-4) his lost land and structure (TH) • Constructed new house on remainng land Mahanand Siraj Banjhi Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (marble shop) • Constructed new shop on remainng land Aslam Ansari Banjhi Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (shop) • Constructed new shop on remainng land Vinod Bhagat Banjhi Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (pan shop) • Constructed new shop on remainng land Samai Murmu Pathargatta Village • Received all assistance earlier and (NTH non-BPL) (Package-4) compensation in 2017 for his lost structure • Constructed new house Sonit Kumar Saw Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (fruit shop) • Constructed new shop on remainng land Ayodhya Prasad Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (grocery shop) • Constructed new shop on remainng land Mihir Dutta Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (tea stall) • Constructed new shop on remainng land Ranga Ram Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (eatery) • Constructed new satll on remainng land Sanjay Agrahari Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (Sweet shop) • Constructed new shop on remainng land Md. Nasim Barhait Village • Received all compenstion and assistance for (TH) (Package-4) his lost land and structure (tea stall) • Constructed new shop on remainng land

51. Some of the photograps taken during the last monitoring visit are attached under Annexure-7.

Completion Report-March 2018 25

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

13. OBSERVATION AND CONCLUSION

52. Various observations made during the entire monitoring period are summarized in the following section.

53. Resettlement Planning: The project resettlement planning was made according to the preliminary design. Resettlement plans were prepared for 4 different packages as per the requirement of ADB Involuntary Resettlement Policy (1995) and related Operations Manual F2 of 2006 on involuntary resettlement. The project planning process involved sufficient efforts for minimization and avoidance of involuntary resettlement impacts by followoing existing alignment and using the existing RoW as much as possible. However during the detailed design, due to faulty land acquisition planning and additional land requirement for bypass and intigration of future requirement, the project impacts were increased considerably. All the four RPs were updated by the EA as per the final design. For some gaps identified during the RP implementation process were dealt in by the EA by agreeing to a corrective action plan and its implementation.

54. Resettlement Implementation: The overall resettlement implementation remains satisfactory as APs have received their due compensation and assistance except in case of court cases or other ownership dispute. However, the process of RP implementation was quite long which is mainly due to lengthy process of land acquisition and government decision making. The delay encountered in the project due to inclusion of non BPL, NTH were not included in the original RP and was raised by ADB at later stage ,which government agreed and Sankalp( GO) was issued to this effect and NGO was hired and CAP was adequately and effectively complied. The dependence of PIC was another institutional challenge during the implementation. The RO was not the part of PIC hence there was a gap of coordination was there during implementation.However, with close supervision of Secretary, RCD minimised this gap.

55. Addressing Vulnerable Issues: The EA has addressed the vulnerability issue by making special assistance provision for the vulnerable APs within the Project entitlement matrix. In addition to the additional assistance paid to the vulnerable people as per the agreed entitlement matrix, a special livelihood support program for women APs was implemented and the vulnerable APs were given preferential employment opportunity in road construction work. During the implementation the vulnerable was engaged with meaningful consultations and specially the women and poor. As a matter of fact with initial entitlement matrx it was only NTH poor, who were being compensated for loss of strcture. There is no case of homelessness as the NTH were allowed to shift backward in the exisiting RoW to reside and resume their businesses.

56. Relocation and Livelihood Restoration: There was no project based relocation under the Project and APs were self relocated. Relocation assistancs like shifting allowane and transitional allowances were paid to the APs. There was no forced relocation occurred under the project and APs were give sufficient time to relocate themselves. It was observed during the monitoring process that several NTH APs losing livelihood were relocated their business within the remaining RoW land wihich was not covered under the road construction width. Based on the assessment during various minitoring visit and discussion with APs, it is confirmed that no affected households were worst off.

57. Public Consultation: Public consultation were carried out during both planning and implementation process and sufficient information were desiminated to the APs about the Project. The entitlement matrix traslated in local language were distributed to all APs making aware of their entitlement.

Completion Report-March 2018 26

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

58. Grievance Redressal and Management: The grievance redressal system established under the Project was quite effective as all the gravances were succsessfuly redressed and APs were benifited from this process. Various cases regarding measurement of properties, valuation, inclusion etc addressed by the GRC and supplimentary microplan were included with the recommendation of GRC.

Completion Report-March 2018 27

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

14. LESSON LEARNED

59. Some of the lesson leared from this project during the planning and implementation process are listed below:

• The detailed design should include accurate land acquision planning and the RP should be prepared on the basis of such design to avoid additional preparation and revision of RP and cost provisions. • The legal and policy compliance should be properly ensured during the Project preparation stage to avoid non-compliance and additional planning of corrective actions and its implementation. • Specific livelihood restoration planning should be integrated in the RP for better realization of Project objective. • The payment of compensation and assistance to the NTH APs should be excluded from the responsibility of Land Acquisition Officer and directly dealt by the Project Authority to avoid unnecessary delay in payment and clearing of existing RoW. • The institutional arrangement of Resettlement Officer and LAO regional and top level was not much helpful for the Project. The project would have performed better with placing somebody within PIU to manage the resettement activities. • The engagement period of NGO was engaged for 12 months which was too short in proportionate to the Project impact and requirement. At least 3 years contract was required for such kind of project implementation. • Since there was no provision Resettlement Expert in the team of Supervision Consultant, the internal resettlement monitoring and reporting process was weak under the Project. The CSC should have included one Resettlement Expert to support the EA in this regards.

Completion Report-March 2018 28

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-1 Letter from Project Director

Completion Report-March 2018 29

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-2 (Letter from DLAO-)

Completion Report-March 2018 30

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-3 (Letter from DLAO-)

Completion Report-March 2018 31

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-4 (Letter from DLAO- )

Completion Report-March 2018 32

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-5 (Letter from DLAO- )

Completion Report-March 2018 33

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-6 (Letter from DLAO- Sahibganj District)

Completion Report-March 2018 34

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Annexure-7 Photographs from Monitoring Visit

Lohardihi Village Chanddih Village

Chirudih Village Dhutla Village

Gopikandar village Village

Completion Report-March 2018 35

External Monitoring Report on Implementation of Resettlement Plan under Jharkhand State Roads Project (JSRP)

Banjhi Village Banjhi Village

Barhait Village School Relocated

Completion Report-March 2018 36