Bihar State Highways II Project

Resettlement Plan

June 2011

IND: Bihar State Highways II Project

Updated Resettlement Plan for SH-78 (Bihta–Sarmera Subproject)

Prepared by Bihar State Road Development Corporation, Government of Bihar for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 29 June 2011) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0222024867 $1.00 = Rs 45.040000

ABBREVIATIONS ADB – Asian Development Bank AP – affected person ARO – Assistant Resettlement Officer 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 DP – displaced person DPR – detailed project report EA – executing agency EE – Executive Engineer FGD – focus group discussion GoI – Government of India 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 OBC – other backward castes PIU – Project Implementation Unit PMU – Project Monitoring Unit RC – resettlement cell R&R – resettlement and rehabilitation RF – resettlement framework 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

NOTE In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

TABLE OF CONTENTS

EXECUTIVE SUMMARY iv CHAPTER 1: PROJECT DESCRIPTION 1 1.1 Introduction 1 1.2 The Project Road and its Components 1 1.3 Profile of the Project Area 2 1.4 Subproject Impacts and Benefits 2 1.5 Project Components 4 1.6 Minimizing Resettlement 5 1.7 Scope and Objective of Resettlement Plan 6 CHAPTER 2: METHODOLOGY FOR IMPACT ASSESSMENT 7 2.1 Resettlement Screening 7 2.2 Land Acquisition Planning 7 2.3 Census Survey and Inventory of Assets 7 2.4 Public Consultation 8 CHAPTER 4: SOCIOECONOMIC INFORMATION AND PROFILE 9 3.1 Socioeconomic Profile of Project Area 9 3.2 Social Categories of the DPs 10 3.3 Religious Categories of the DPs 10 3.4 Number of DPs 11 3.5 Number of DPs of Various Categories 11 3.6 Vulnerable Households being Affected in the Subproject 11 3.7 Annual Income Level of the Affected Households 12 3.8 Educational Status of DPs 12 3.9 Occupational Status of DPs 13 3.10 Impact on Indigenous People 13 3.11 Gender Impact 13 CHAPTER 3: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 16 4.1 Scope of land Acquisition 16 4.2 Loss of Land 16 4.3 Loss of Structures in the Subproject 18 4.4 Impact on Private Trees 20 4.5 Loss of Livelihoods 20 4.6 Loss of Community Property Resources 21 4.7 Summary Subproject Impacts 22 CHAPTER 5: STAKEHOLDERS CONSULTATION AND PARTICIPATION 23 5.1 Stakeholders in the Project 23 ii

5.2 Public Consultation in the Project 23 5.3 Methods of Public Consultation 23 5.4 Scope of Consultation and Issues 23 5.5 Findings of the FGD 24 5.6 Consultation with Officials and Other Stakeholders 25 5.7 Plan for further Consultation in the Project 26 5.8 Information Disclosure 27 CHAPTER 6: LEGAL FRAMEWORK 29 6.1 Introduction 29 6.2 Land Acquisition Act 1894 29 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 30 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 32 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement 33 6.6 Policy Framework for this Project 35 6.7 Methodology for Determination of Valuation of Assets 37 6.8 Procedure and Steps of Land Acquisition 38 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 39 7.1 Definition of DPs and Eligibility 39 7.2 Entitlements 41 7.3 Entitlement Matrix 41 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 45 8.1 Basic Provision for Relocation 45 8.2 Need for Relocation 45 8.3 Magnitude of Physical Displacement in the Subproject 45 8.4 Relocation and Compensation Option by DPs 46 8.5 Relocation Strategy 46 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 48 9.1 Loss of Livelihoods in the Subproject 48 9.2 Provisions for Loss of Livelihood 48 9.3 Income Restoration Measures 49 9.4 Additional Support from Ongoing Poverty Reduction Programs 50 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 51 10.1 General 51 10.2 Compensation 51 10.3 Assistance 52 10.4 Compensation for Community and Government Property 52 10.5 RP Implementation and Support Cost 52 10.6 Source of Funding and Fund Flow Management 53 iii

10.7 R&R Budget 53 CHAPTER 11: Grievance Redress Mechanisms 55 11.1 General 55 11.2 Grievance Redress Mechanism 55 11.3 Constitution and Function of the GRC 55 11.4 Operational Mechanisms of GRC 55 CHAPTER 12: INSTITUTIONAL ARRANGEMENTS 57 12.1 Institutional Requirement 57 12.2 Executing Agency 57 12.3 Project Management Unit (PMU) 57 12.4 Project Implementation Unit (PIU) 57 12.5 Non Government Organization (NGO) 58 12.6 Capacity Building on RP in the EA 59 CHAPTER 13: IMPLEMENTATION SCHEDULE 61 13.1 Introduction 61 13.2 Schedule for Project Implementation 61 13.3 R&R Implementation Schedule 61 CHAPTER 14: MONITORING AND REPORTING 63 14.1 Need for Monitoring and Reporting 63 14.2 Monitoring in the Project 63 14.3 Stages of Monitoring 64 14.4 Monitoring Indicators 65 14.5 Reporting Requirements 66

Appendix: Appendix: 1 Census Survey Questionnaire 67 Appendix: 2 TOR for NGO 71 Appendix: 3 Findings of Focused Group Discussion 81 iv

EXECUTIVE SUMMARY

A. Project Description

1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways I Project under Asian Development Bank (ADB) assistance and now intending to take up Bihar State Highways II Project 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 Bihar State Highways II Project, four subprojects road sections are selected for which detailed project reports (DPR) for these road sections has been prepared by BSRDC.. A full Resettlement Plan (RP)1 for the SH-78 subproject was prepared in 2010 based on the detailed design report. During the implementation stage, the EA has conducted design review and incorporated changes in alignment. This updated RP is prepared based on revised alignment design. This RP is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned.

2. The subproject road section (SH-78) has been distinctively divided into two segments separated by NH 30A. The first segment, Bihta-Daniyawan is in Patna District and the other section, Chandi-Sarmera is in Nalanda District. The total length of this subproject was 100.314 km. However, the executable/construction length is reduced to 95.814 Km due to shift of start point of first segment by 4.5 km.

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.

4. As the existing ROW is very much limited and therefore realignment is proposed for major parts of the project road, the additional requirement of land may be up to 60m in substantial portion of the project length. The 60 m uniform RoW has been decided keeping in mind the future need of expansion and requirement of comparatively more construction width due to high embankments for significant length. 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 livelihoods. This Full Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB

1 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). v

Safeguard Policy Statement-2009 designed by ADB to protect the rights of the affected persons and communities.

B. Socioeconomic Information and Profile

6. The project area consists of Patna and Nalanda District situated in the heart of Bihar. Patna is the capital city of Bihar whereas adjoining Nalanda district is famous for its tourism. Patna being mostly urbanized district is way ahead from the Nalanda in all developmental aspects. About 42% population of Patna are living in urban area whereas about 15% population of Nalanda are living in the urban areas. The density of population of both the districts is substantially higher than the state average of 880 persons per sq km. While sex ratio, determined by number of females per one thousand males, of Nalanda district (914) is comparable to the state average of 919, Patna district recorded a poor ratio of 873, which can be a matter of concern. 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, 1,353.22 acres of land will be acquired for the subproject. The area is excluding the area 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 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. The initial census survey for Bihita-Daniawa section was carried out between 10 June and 8 July 2009 and for Chandi- Sarmera section it was carried out between 20 August and 3 February 2010. After the change of alignment during implementation the updated census survey was carried out between 21 April and 28 May 2011.

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 5,790 land units/plots and 239 private structures will be affected due to the subproject work. As per the census survey 5,533 households and 56,212 DPs will be affected in the subproject. The summary subproject findings are presented in the Table: E-1.

Table E-1: Summary Subproject Impacts

Sl. No. Impacts Number 1 Total land acquisition requirements (in acre) 1353.22 2 Total number of land units/plots affected 5790 3 Total Private land acquisition requirements (in acre) 1214.97 4 Total number of private structures affected 239 5 Total number of trees affected 3129 6 Total number of households affected 5533 7 Total number of vulnerable households affected 1551 8 Total number of displaced persons (DPs) 56212 9 Total number of CPR (structure) affected 49 Source: Census Survey, Bihar State Highways II Project, 2010-2011 vi

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 the updation 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 and in a form and language(s) understandable to affected persons and other stakeholders. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Hindi) and distributed to APs.

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, Asian Development Bank and the Resettlement Framework (RF) adopted for the project. Prior to the preparation of the Resettlement Plan, a detailed analysis of the existing national and state policies was undertaken and a RF has been prepared for the entire program. The section below provides details of the various national and state level legislations studied and their applicability within this framework. 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 21 April 2011. APs 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 vii

implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. Compensation for the lost assets to all displaced persons 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 DPs losing their livelihoods includes titleholders land, agricultural laborers, agricultural tenants, and sharecroppers, DPs 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.

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 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. 1921.5 million.

J. Grievance Redress Mechanisms

17. In the subproject RP implementation there is a need for an efficient grievance redressal mechanism that will assist the DPs in resolving their queries and complaints. Therefore, viii

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 APs, 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, 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 NGO and will be at the helm of all activities related to the RP implementation. The monitoring mechanism will have a two-tier system at the EA level i.e. Monitoring by PIU and Monitoring by External Expert. PIU responsible for supervision and implementation of the RP will prepare monthly progress reports on resettlement activities and submit to PMU. PMU will submit quarterly reports to ADB. The external R&R monitoring expert responsible for external monitoring of the subproject RP implementation will submit a biannual review directly 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 Introduction

1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways-I Project under Asian Development Bank (ADB) assistance and now intending to take up Bihar State Highways II Project 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 Bihar State Highways II Project, four subprojects road sections are selected for which detailed project reports (DPR) for these road sections has been prepared by BSRDC.

2. A full Resettlement Plan (RP)2 for SH-78 subproject was prepared in 2010 based on the detailed design report. During the implementation stage, the EA has conducted design review and incorporated changes in alignment. This updated RP is prepared based on revised alignment design. This RP 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-78) is located in the in Patna and Nalanda district of central Bihar. The location map of Bihar state Highway Projects-II and sub-project is given in Figure: 1.

Figure: 1 Subproject Location Map

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-78) has been distinctively divided into 2 segments separated by NH 30A. The first segment, Bihta-Daniyawan is in Patna District and the other section, Chandi-Sarmera is in Nalanda District. The first segment starts at Junction of NH-30 near Bihta and ends at junction of NH-30A near Daniyawan totaling 52.3 km. However, due to the proposed development of Patna-Buxar section of NH-30 which intersects SH-78 at Kanhauli, BSRDCL has decided to shift the start point to Kanhauli at km 4.5 of SH-78. The other section starts at Junction of NH-30A near Chandi and ends at Junction of NH-82 near Sarmera totalling 48.014 Km. There is a gap of 20km between end point of first segment and start point of second segment. This 20 km section is part of National Highway 30A. The total length of this subproject is 100.314 km. However, the executable/ construction length is reduced to 95.814 Km due to shift of start point of first segment by 4.5 km.

1.3 Profile of the Project Area

5. The project area consists of two districts of Bihar i.e. Patna and Nalanda. Patna is the capital of the state Bihar. The original name of Patna was Patliputra. The district lies virtually in the heart of the South Bihar Plain. Patna city is the administrative headquarters for this district. The Patna district is bounded on the north by the Ganges, beyond which lies the district of Saran, Vaishali, Samastipur and Begusarai. To the east lies the district of Lakhisarai and Nalanda and in the south the district of Jahanabad. Patna is separated from Bhojpur district on its west by river Sone. Total area of the district is 3,202 sq km. The district headquarter is located at Patna. The district is administratively divided into 6 Sub-divisions and 23 Community Development Blocks. As per 2001 Census Survey of India, total population of the district is 47,09,851 with 25,14,949 males and 21,94,902 females.

6. Nalanda district is one of the most important districts in Bihar. Nalanda, is famous all over the world for the the ancient International Monastic University established in 5th century BC, which taught Vedas, Logic, Grammar, Medicine, Meta-Physics, Prose Composition and Rhetoric. Nalanda district is popularly known as Biharsharif. The rivers Phalgu, and Mohane flows through the district of Nalanda. It is divided into 3 Revenue Sub-Divisons and 20 Anchals consisting of 1,084 Revenue villages. Out of three Revenue Sub-Divisions, Biharsharif is sadar Sub-Division and most urbanized. Hilsa sub-division is predominantly rural and agricultural. Rajgir, smallest sub-division of the three is most important from tourism perspective. Rajgir, Nalanda remains, Pawapuri are in Rajgir sub-division. It is spread over the area of 2,367 sq. kms. The total population of the district is 19,97,995.

1.4 Subproject Impacts and Benefits

7. 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 labourers, petty contractors and suppliers of raw materials. Improved road network will provide for improved linkages between the village communities and urban centre, which provides wider marketing facilities. 3

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. Improved road will also help people building strong institutional network with outside agencies. Essential and emergency services like schools, health centre, 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.

8. 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;

Table 1.1 Summary of Affected Area

Affected No. of No. of Name of Affected Displaced Name of Villages 3 Land Affected Affected District Households Persons (in Acres) Trees CPR Patna Kanhauli, Painal, Bazidpur, 5533 56212 135322 3129 49 (49 village) Basaudha, Samsara, Sadisopur, Gonwan, Karanpura, Roniya, Charra, Ajwan, Jamalpura, Dariyapur, Korwan, Lodipur, Nijampur, Chechaul, Naubatpur, Chesi, Pali, Mamrejpur, Gopalpur, Sirivar, Painapur, Newa, Purainiya, Dehra, Saidpur, Kalyanpur Basiyawan, Wazidpur, Nooruddinpur, Nadpur, Dumri, Nima, Ghordaur, Rasulpur, Lakhna, Mustafapur, Kansari, Aieniyo, Rabiyachak, Bibipur, Saidanpur, Masarhi, Aimanbigha, Kanchanpur, Khanpura, Mohiuddinpur, Sikandarpur Nalanda Madhopur, Dayalpur, Hanumangarh, (39 village) Bhagwanpur, Chandi, Gokhulpur, Barhauna, Beldhana, Nanaura, Charuipar, Muzaffarpur, Kaithole, Parasi, Bhaganbigha, Paithana, Amarpur, Kadibigha, Dehra, Rahui, Haibanpura, Bhandari, Sonsa, Bhinda, Susandi, Jamsari, Sonsikra,

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

Affected No. of No. of Name of Affected Displaced Name of Villages Land Affected Affected District Households Persons3 (in Acres) Trees CPR Kathrahi, Gazipur, Bind, Jahana, Rampur, Malawan, Kenar, Parnawan, Dhanuki, Meernagar, Tora, Barahia, Sarmera

1.5 Project Components

9. As the existing ROW is very much limited and therefore realignment is proposed for major part the project road, the additional requirement of land is up to 60m in substantial portion of the project length. The 60 m uniform RoW has been decided to accommodate the proposed 4 lane road and keeping in mind the future need of expansion and requirement of comparatively more construction width due to high embankments for significant length.

10. Key activities for sub-project road improvement involves (i) widening/strengthening of the road upto 4-lane divided carriageway 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) construction of ROBs (vii) Junctions/intersections improvement (viii) provision of service roads, underpasses 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 4 lane standard divided carriageways of 7.0 m width with a median of 4.5.m including the kerbs on either side. Paved shoulders with avg. width of 1.5 m are proposed. Structures 4 Lane standard configuration with independent 7.0 m carriageways on either side is proposed. However, in the first phase to be taken up now civil road works for two lane facility and two-lane structures except for ROB’s is proposed for construction and later on to be extended and developed to four lanes. For ROB locations, it will be a four lane facility from start as ROB approval at a later stage will be difficult.

12. Realignment/Bypasses: Rrealignments and bypasses are proposed in about 85% of the total project road length due to (i) poor road geometry and pavement & embankment conditions (iii) inadequate ROW (iii) heavily built-up areas at several locations (iv) damaged CD structures (iv) identification of bridges at suitable locations (iv) drainage problems (v) cutting of large no. of trees (vi) minimizing the requirement of over bridges/flyovers and ROBs (vii) interference with proposed activities of railways at a couple of locations(vi) shifting of utilities and many other bottlenecks. Bypasses are proposed at Sadispour, Naubatpur, Punpun, Dumri, Kansari to Mohiuddinpur, Rahui, Bind and Gopalbad etc.

13. Service roads and Underpasses: Presently, no provision of service roads has been made since most of the alignment is passing through open areas bypassing the major settlements. Need for vehicular underpass has been envisaged only at one place i.e. at Jatt Dumri (Ch. 31.700).

14. Way side amenities/Toll Plaza/Truck Parkings etc.: Comprehensive way side amenities will be provided at Bhaganbigha. These should have provisions for restaurants, car parking, toilets, vehicle service station, drinking water facilities and emergency health care facilities for accident victims. Two Toll Plazas, first near Newa and the second near Bind are proposed. However construction of Toll Plaza may be deferred till four laning work is taken up. Truck Parking (for 10 trucks each lane) with Rest Area will be provided at Bihta, Beldarichak and Bhaganbigha. Mini Truck Parking / Bus bays will be provided at Jat Dumri, Daniyawan and 5

Sermera. Bus Stops will be provided at Bihta, Naubatpur, Newa, Dumri, Kansari, Daniyawan, Chandi, Noorsarai, Bhaganbigha, Rahui, Bind, Gopalbad and Sermera.

1.6 Minimizing Resettlement

15. 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 bypass route for the Patna mainly traffic from NH-30; It should provide linkage to other roads like NH-30A and NH-82 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.

26. 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; Following existing local roads as much as possible to minimize the land acquisition; Avoiding major settlements and urban areas to minimize the large scale physical displacement; 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.

17. During the impact assessment survey public consultation meetings were organized at various places and based on peoples concerns and suggestions the alignment was adjusted to minimize the resettlement impacts. The resettlement impact minimization efforts and its results are summarized in the Table: 1.2.

Table: 1.2 Minimization of Resettlement Impacts

Resettlement Resettlement Sl. Name of Resettlement Impact Impact Before Impact After No. Village Minimization Efforts Action Taken Action Taken 1 Beldhana Change of Alignment, built-up 38 structures 14 structures area bypassed affected affected 2 Hanumangarh Change of Alignment, built-up 25 structures 11 structures area bypassed affected affected 3 Bhagwanpur Change of Alignment, built-up 12 structures 2 structures area bypassed affected affected 4 Chandi Change of Alignment, built-up 32 structures 10 structures area bypassed affected affected 5 Gokhulpur Change of Alignment, built-up 70 plots affected 56 plots affected area bypassed 6 Srirampur Change of Alignment, built-up 7 structures no structure Kharijjama area bypassed affected affected 7 Barhauna Change of Alignment, built-up 125 structures 27 structures area bypassed affected affected 8 Chandpur Change of Alignment, full 12 structures No impact village bypassed affected

1.7 Scope and Objective of Resettlement Plan (RP)

18. 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 Full 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 affected 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; . R&R cost estimate including provision for fund and; . Institutional framework for the implementation of the plan, including grievance redress mechanism and monitoring & reporting.

CHAPTER 2: METHODOLOGY FOR IMPACT ASSESSMENT

2.1 Resettlement Screening

19. 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.

2.2 Land Acquisition Planning

20. 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.

2.3 Census Survey and Inventory of Assets

21. Following finalization of the road alignment and identification of the land parcels, cross- sections 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 (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, socio-economic 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 Identification of non titleholders Assessment of potential economic impact

2.4 Public Consultation

22. 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 affected persons (APs) 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. 9

CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE

3.1 Socioeconomic Profile of Project Area

23. The project area consists of Patna and Nalanda District situated in the heart of Bihar. Patna is the capital city of Bihar whereas adjoining Nalanda district is famous for its tourism. Patna being mostly urbanized district is way ahead from the Nalanda in all developmental aspects. About 42% population of Patna are living in urban area whereas about 15% population of Nalanda are living in the urban areas. Being the capital city, Patna have all major facilities like educational institutes, hospitals, markets, etc whereas it is very much limited in the case of Nalanda.

24. The density of population of both the districts is substantially higher than the state average of 880 persons per sq km. While sex ratio, determined by number of females per one thousand males, of Nalanda district (914) is comparable to the state average of 919, Patna district recorded a poor ratio of 873, which can be a matter of concern. 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. This trend is also reflected in the two districts. Proportion of scheduled caste population in Bihar is 15.7%. A similar ratio is also shown in Patna with 15.5% while Nalanda has higher proportion with 20% of scheduled caste population.

25. Proportion of literates is higher in both the districts as evident from 62.9% in Patna and 53.2% in Nalanda compared to Bihar state, 47.3%. Female literacy is much lower than that of male, which is reflected in 73% male literates and about 51% female literates in Patna while that of Nalanda are 66.4% male literates against 38.6% females literates. 26. So far as work participation ratio is concerned Patna district has nearly 45% male workers and only 13.3% female worker. Nalanda district recorded 48.3% male workers with 27% female workers. While proportion of male workers in both the districts is comparable to state average of 47.3% male working population, proportion of female workers is very less in Patna district (13.3%) as against 22.7% women workers for Bihar state as a whole. 27. According to Census of 2001 participation of workers in agriculture and other activities in primary sector recorded 77.7% in Nalanda district compared to 54.9% in Patna district, while Bihar state showed 74% workers in primary sector in 2006-07. This indicates a dependence on agriculture and agro-based economic pursuits. Some of the vital spastics are presented in the Table 3.1.

Table 3.1 Some Vital Statistics of Project Area

Statistic District Male Female Total Patna 2,519,942 2,198,650 4,718,592 Total Population Nalanda 1,238,599 1,131,929 2,370,528 Patna 1,063,534 897,998 1,961,532 Urban Population Nalanda 186,508 167,121 353,629 Patna 386,991 342,997 729,988 SC Population Nalanda 248,246 225,540 473,786 Patna 5,352 3,884 9,236 ST Population Nalanda 524 446 970 Patna 73 51 62.9 Literacy Level Nalanda 66 39 53 Source: Census of India, 2001 and Poverty and Social Analysis Report

28. Some of the socio-economic information of DPs was collected through the census survey and its findings are presented in the following sections. The analysis of sample baseline socio-economic information of APs is also presented in the Poverty and Social Analysis Report prepared under the ADB TA.

3.2 Social Categories of the DPs

29. The social stratification of the subproject area shows that the dominance of other backward caste (OBC) population with 3,867(70%) households. The second stratum of the social grouping in the area is of Higher Caste population with 1,188 (21.%) households followed by Scheduled Caste 407(7%) households. The presence of schedule tribe (ST) population in the subproject area is insignificant as there are only 21 (0.53%) household from the ST community is enumerated by census survey. There are 50 (1%) household belong other social category which includes DPs from other then Hindu religion and absentee landholders. The detail of social grouping in the subproject area is presented in the Table 3.2.

Table 3.2 Social Categories of the DPs

Sl. No. Description of the Caste No. of Households % 1 Scheduled Caste 407 7.36 2 Scheduled Tribe 21 0.38 3 Other Backward Caste 3867 69.89 4 Higher Caste 1188 21.47 5 Others 50 0.90 Total 5,533 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.3 Religious Categories of the DPs

30. The subproject area is dominated by Hindu community as they form 98% (45453) of the DPs. Among other, 33 are from Muslim community and only one household from Jain community. Another 46 (1%) households are from other communities which includes the absentee landholders. The religious categories of DPs are presented in the Table 3.3.

Table 3.3 Religious Categories of the DPs

Sl. No. Religious Categories No. of Households % 1 Hindu 5453 98.55 2 Muslim 33 0.60 3 Jain 1 0.02 4 Others 46 0.83 Total 5,533 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.4 Number of DPs

31. There are 56,212 DPs in total being affected by the subproject which includes 31,202 (56%) males and 25,010 (44%) females. The number of DPs is quite huge because of many joint families and a large number of shareholders of land properties enumerated during the census survey. The average household size is 10 and the sex ratio among DPs is 802. The details of DPs being affected in the subproject are summarized in the Table 3.4.

Table 3.4 Number of DPs

Sl. No. Categories of DPs No. of DPs % 1 Male 31,202 55.51 2 Female 25,010 44.49 Total 56,212 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.5 Number of DPs of Various Categories

32. To identify various special categories of people among the DPs, the data on various features of DPs were also collected with the census survey. As per the analysis, there are 1108 DPs belong to unmarried daughter/ sister above 30 years and 856 DPs belong to unmarried son above 30 years. There are 706 DPs are either physically or mentally challenged people, 317 divorcees/ widows and 5 DPs are minor orphans. The details of these categories of DPs are presented in the Table 3.5.

Table 3.5 Number of DPs of Various Categories

Sl. No. Categories of DPs No. of DPs % 1 Unmarried Son > 30 years 856 28.61 2 Unmarried Daughter/Sister > 30 years 1108 37.03 3 Physically/Mentally Challenged Person 706 23.60 4 Divorcee/Widow 317 10.59 5 Minor Orphan 5 0.17 Total 2,992 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.6 Vulnerable Households being Affected in the Subproject

33. In the subproject area there are many households falling below poverty line (BPL). The State Government of Bihar has identified them and distributed BPL cards to such families. As per the planning commission estimate the families annually earning below an average of 12

Rs. 26,600 in Bihar are falling in BPL category. According to subproject census survey there are 876 such households falling under BPL category. In this subproject among other vulnerable group there are 117 women headed households and 89 households headed by physically handicapped people being affected. The vulnerable households’ details are presented in the Table 3.6.

Table 3.6 Vulnerable Households being affected

Sl. No. Vulnerable Categories No. of Households % 1 Women Headed Households 177 15.50 2 Households Headed by PH Person 89 7.79 3 Below Poverty Line Households 876 76.71 Total 1,142 100.00 % of Total Displaced Households 20.63 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.7 Annual Income Level of the Affected Households

34. As revealed from the Table: 3.4, there are 876 households belong to below poverty line (BPL) category. This is further evident from the data on monthly income by households. There are 62 (1%) households having an average monthly income of only Rs. 10,000 and 309 (6%) of the affected households are earning an average monthly income below Rs. 20,000. Among others, 623 (11%) households are annually earning below Rs. 30,000 only. The average income level of households in the subproject area is summarized in the Table 3.7.

Table 3.7 Annual Income Level of the Affected Households

Sl. No. Annual Income Categories in (Rs) No. of Households % 1 Up to 10000 62 1.12 2 Above 10000 and Below 20000 309 5.58 3 Above 20000 and Below 30000 623 11.26 4 Above 30000 and Below 50000 1419 25.65 5 Above 50000 and up to 100000 1541 27.85 6 Above 100000 1246 22.52 7 Not Responded 333 6.02 Total 4,868 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.8 Educational Status of DPs

35. The educational status of DPs reveals that overall scenario is not encouraging one as there are still 18% DPs are illiterate and females are lacking far behind the male members. In the area 11% male DPs are illiterate whereas in case of female it is 25%. The details of educational status of DPs are presented in the Table 3.8.

Table 3.8 Educational Status of DPs

Educational Male Female Total Sl. No. Status Number % Number % Number % 1 Illiterate 3,574 11.48 6,308 25.27 9,882 17.62 2 Literate 3,260 10.47 3,911 15.67 7,171 12.79 3 Up to middle 6,084 19.55 5,773 23.13 11,857 21.14 4 Below metric 4,200 13.49 3,214 12.88 7,414 13.22 5 Metric 9,564 30.73 4,706 18.85 14,270 25.44 6 Graduate 3,793 12.19 925 3.71 4,718 8.41 Above 7 graduate 649 2.09 125 0.50 774 1.38 Total 31,124 100.00 24,962 100.00 56,086 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.9 Occupational Status of DPs

36. As per census survey out of 56,212 DPs, only 16,457 (29%) DPs are employed in various occupations. The occupational pattern of DPs reveals that 54% DPs are having agriculture as their main occupation. Among other categories, 19% DPs are working as labourers, followed by 17% having service as their main profession, 9% are engaged in business and only 1% DPs are various types of professionals. Among the male DPs the employment level is 50% whereas among female DPs it is only 3%. The details of occupational status of DPs are summarized in the Table 3.9.

Table 3.9 Occupational Status of DPs

Sl. Occupational Male Female Total No. status of DPs Number % Number % Number % 1 Service 2,632 16.72 205 28.67 2,837 17.24 2 Business 1,379 8.76 22 3.08 1,401 8.51 3 Agriculture 8,530 54.19 289 40.42 8,819 53.59 4 Labour 3,010 19.12 178 24.90 3,188 19.37 5 Professional 191 1.21 21 2.94 212 1.29 Total 15,742 100.00 715 100.00 16,457 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

3.10 Impact on Indigenous People

37. The Scheduled Tribes (STs) in the project area is considered to be IP. The presence of ST population in both the district is very much rare. In Patna district only 9,236 ST people are residing whereas in Nalanda district it is only 970 and in state level it is only 0.9%. The census survey finding shows that there are only 2 DPs belongs to the ST community.

3.11 Gender Impact and Mitigation Measures

38. The gender composition of DPs shows that the male accounts for 56% and female accounts for 44%. The gender disparity is visible in lower sex ratio among DPs i.e. 802 against state level statistic having 929. The census survey revealed that 177 women headed households will be affected by the sub project. 14

39. Out of these 177 households 166 are losing their land only and another 14 are losing land with structures. Among the 14 households losing structures, 9 are losing their residential structure, 3 are losing her shops and another 2 are losing their kiosks. The social groupings of these women headed households’ shows that 21 households belong to other backward castes, and 19 belong to scheduled caste. Total number of persons in these households is 1173 with 872 male and 841 females. The average household sizes of these households are 10 and the sex ratio is 964.

40. The educational level of these female DPs shows that 97 of them are illiterate, 57 are just literate, 17 have pursued up to middle level and another six are matric. The occupational status of these females heading the households reveals that three are engaged in some government service, 67 are doing agriculture, five are engaged in business and another 102 are housewives.

41. The participation of women in FGDs during the census survey was not encouraging because of their shy nature and ignorance. Out of 30 FGDs conducted along the road sections women members were turned up only at eight locations. Some of their specific concerns are summarised below.

The working women and girl students face lot of problem for travel, due to non- availability of good road and transport network. Especially in rainy season, the problem increases manifold which sometimes compels the girl students abstains from classes. Only primary health centers (PHCs) are located at some villages and the quality of treatment and medical facilities are less than satisfactory. In emergency they have to reach hospitals at district headquarters only. Health status will improve as they will be able to visit Government hospital at Patna if sick and especially during pregnancy and will not have to depend on uneducated rural midwife for safe delivery, which are common in villages. Incidence of child mortality & maternal mortality rate will reduce with easy access to Government health care facility centres. The women feel that their mobility will increase as market & relatives’ places will be easily accessible for them as better road condition will induce more transport vehicles to operate. More shops, markets will open within the village approach area and as a result they will get quality leisure time at their disposal. Women from poor families will get job opportunity during construction work as casual labour or at office. Besides, women can operate individual / family enterprise by opening small tea stalls, shops/eateries to provide meals to the construction labourers. This will enhance their family income as well as their entrepreneurial skill which may be useful in future. Women labourers feel that improved road network will provide them with better job opportunity as they will be able to travel further and even can commute from home. Moreover, travel by public transport system, like Govt. bus service, will become cheaper and money saved on transport can be better utilized for household needs. The girl students will be able to attain higher education at colleges, since journey time and cost will be greatly reduced and the girls can commute from home all by themselves free of hazard. 15

42. Women will not be affected negatively due to the program. Any negative impacts of the sub-project on female-headed households will be taken up on a case-to-case basis and assistance to these households will be treated on a priority basis. During disbursement of compensation and provision of assistance, priority will be given to female-headed households. Additionally, women headed households are considered as vulnerable and provision for additional assistance (lumpsum amount at Rs.10,000 per affected households) has been made in the entitlement of the RP. Provision for equal wage and health safety facilities during the construction will be ensured by the EA. Therefore, the subproject activities will not have any negative impact on women.

CHAPTER 4: SCOPE OF LAND ACQUISITION AND RESETTLEMENT

4.1 Scope of Land Acquisition

43. As discussed earlier, the scope of land acquisition is quite high in the subproject because of non-availability of ROW and adoption of new alignments at most of the places. According to the Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, 1353.22 acres of land will be acquired for the subproject. The area is excluding the area 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 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. The initial census survey for Bihita-Daniawa section was carried out on 10 June-8 July 2009 and for Chandi-Sarmera section it was carried out on 20 August-3 February 2010. After the change of alignment during implementation the updated census survey was carried out between 21 April and 28 May 2011. The major findings and magnitude of impacts are discussed in the following sections.

4.2 Loss of land

44. Many DPs will be losing their land to the project and their livelihoods as well as dwellings are affected. The details of subproject impact on land and various types of loss due to the land loss is discussed in this section.

4.2.1 Ownership of Land Being Acquired for the Subproject

45. Out of 1,353.22 acres, 1214.97 (90%) land is privately owned and 135.70 acres (10%) land is owned by various Government departments such as District Board, Irrigation Department, Agriculture Department, Central Government, etc. The subproject requirement will also include acquisition of 1.67 acre of religious land and 0.88 acre of community land. The details of land acquisition requirement are summarized in the Table 4.1.

Table 4.1 Details of Land being acquired for the Subproject

Area of land (in Sl. No. Type of Land % No. of Properties Acre) 1 Private Land 5,533 1,214.97 89.78 2 Government Land 240 135.70 10.03 3 Religious land 14 1.67 0.12 4 Community Land 3 0.88 0.07 Total 5,790 1,353.22 100.00 Land Acquisition Plan, Detailed Design Report, 2010-2011

4.2.2 Type of the Land Being Acquired for the Subproject

46. The land being acquired for the subproject are of various types such as irrigated land (1,200.04), non-irrigated land (7.60 acres), barren land (3.62 acres) and other type including various government land (141.96 acres). Various types of land area with number of plots are presented in the Table 4.2.

Table 4.2 Type of the Land being acquired for the Subproject

Sl. No. Type of Land No. of Plots Area (in Acre) % 1 Irrigated 5,395 1,200.04 88.68 2 Non-Irrigated 64 7.60 0.56 3 Barren 19 3.62 0.27 4 Other 312 141.96 10.49 Total 5,790 1,353.22 100 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.2.3 Use of Land Being Acquired for the Subproject

47. The land use pattern of land to be acquired for the subproject reveals that maximum area i.e. 1,193.35 acres (88%) of land are being used for cultivation. Among other land use, residential land is 12.54 acres, orchard 0.16 acres, forestation 0.06 acres and commercial use is 0.17 acres. 132.85 acres (9%) of land belong to unused and barren land which includes mostly government land. Details of land use pattern including number of plots are given in the Table 4.3.

Table 4.3 Use of Land Being Acquired for the Subproject

Sl. No. Type of Ownership No. of Properties Area (in Acre) % 1 Cultivation 5,347 1,193.35 88.19 2 Orchard 7 2.15 0.16 3 Residential 124 12.54 0.93 4 Commercial 12 2.31 0.17 5 Forestation 9 0.86 0.06 6 Other 29 9.16 0.68 7 No Use/Barren 262 132.85 9.82 Total 5,790 1,353.22 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.2.4 Ownership Type of Private Land

48. All the private land being acquired for the subproject is owned by titleholders only. There is no any squatter or encroachers enumerated during the census. In government land there are 70 squatters either living or earning their livelihoods. Out of 5,533 private plots, 3,784 (68%) plots are owned by single household whereas 1,730 (31%) plots are owned by two or more households. Another 19 plots are owned either by single household or by jointly which is not specified and includes properties of absentee landlords. The ownership type of private land is summarized in the Table 4.4

Table 4.4 Ownership Type of Private Land

Sl. No. Ownership Type No. of land Unit/ Plot % 1 Single 3,784 68.39 2 Joint 1,730 31.27 3 Other/not specified 19 0.34 Total 5,533 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.2.5 Scale of Impact on Affected Private Land

49. The analysis of data on scale of impacts on private land reveals that out of 5,533 households, 3,292 (60%) are losing up to 10% of their holdings, 1,111 (20%) are losing up to 25% and 566 (10%) are losing up to 50% of their holdings. There are 327 (6%) households losing more than 75% of their land. The details of scale of impacts on private plots are presented in the Table 4.5.

Table 4.5 Scale of Impact on Affected Private Land Units/ Plots

Sl. No. Scale of Impact No. of land Unit/ Plot % 1 Up to 10% 3,292 59.50 2 Above 10% and Below 25% 1,111 20.08 3 Above 25% and Below 50% 566 10.23 4 Above 50% and Below 75% 237 4.28 5 Above 75% and up to 100% 327 5.91 Total 5533 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3 Loss of Structure in the Subproject

50. Due to the subproject work, 288 structures are going to be affected belong to titleholders, non-titleholders. Out of 288 affected structures, 169 belong to titleholders, 70 belong to non-titleholders and another 49 are CPR including community, religious and government structures. The details of loss of structures are presented in the Table 3.7.

Table 4.6 Loss of Structure

Sl. Number of Number of Structure in the Affected Area % No. Structures Households 1 Structures belong to Titleholders 169 162 69.83 2 Structures belong to Non-titleholders 70 70 30.17 3 Structures belong to Community 49 0 0.00 Total 288 232 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3.1 Type of Private Structures Affected in the Subproject

51. As per census survey, out of 239 private structures affected in the subproject, 168 (70%) structures are of residential type, 51 (21%) are of commercial type, 2 (1%) are of residential cum commercial type and 18 (8%) structures are of other use such as cattle shed, boundary wall, foundation, and other temporary type of construction. The details of structures are given in the Table 4.7.

Table 4.7 Type of Structures Affected in the Subproject

Type of Structure No. of Structure %Age 1 Residential Structure 168 70.29 2 Commercial Structure 51 21.34 3 Residential cum Commercial Structure 2 0.84 7 Other Private Structure 18 7.53 Total 239 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3.2 Scale of Impact on Structure

52. The analysis of data pertaining to the scale of impacts on the affected structures reveals that out of 288 structures, 276 (96%) structures being affected above 75% . There are only 8 structures being affected below 50%. The details of scale of impacts on structures are presented in the Table 4.8.

Table 4.8 Scale of Impact on Structure

Sl. No. Scale of Impact No. of Structure %Age 1 Up to 25% 3 1.04 2 Above 25% and Below 50% 5 1.74 3 Above 50% and Below 75% 4 1.39 4 Above 75% 276 95.83 Total 288 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3.3 Type of Construction of Affected Structure

53. The structures being affected in the subproject are of various types by construction such as temporary, semi-permanent and permanent nature. Out of 288 structures, 134 (47%) structures are of permanent nature, 64 (22%) structures are of semi-permanent nature and 90 (31%) structures are of temporary nature. The details of type of constructions of the affected structures are summarized in the Table 4.9.

Table 4.9 Type of Construction of Affected Structure

Sl. No. Construction Type No. of Structure %Age 1 Temporary 90 31.25 2 Semi-Permanent 64 22.22 3 Permanent 134 46.53 Total 288 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3.4 Age of Structures Being Affected in the Subproject

54. To know the condition of structures, the age of structures being affected due to the subproject was enumerated during the census survey. Among 288 affected structures, 77 (27%) structures are newly constructed and up to 5 years old only and another 112 (39%) structures 20

are aged between 5 to 10 years followed by 40 (14%) structures aged between 10 to 15 years. There are 10 (3%) affected structures aged above 35 years. However, compensation will be paid for the structures without depreciation, irrespective of their age. The details of age of affected structures are presented in the Table 4.10.

Table 4.10 Age of Structures Being Affected in the Subproject

Sl. No. Age of Structure No. of Structure %Age 1 Up to 5 Years 77 26.74 2 Above 5 Years and below 10 Years 112 38.89 3 Above 10 Years and below 15 years 40 13.89 4 Above 15 Years and below 25 years 34 11.81 5 Above 25 Years and below 35 Years 15 5.21 6 Above 35 Years 10 3.47 Total 288 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.3.5 Indirect Impacts on DPs by Loss of Private Structure

55. As summarized in the Table 4.11 in terms of indirect impacts on DPs due to loss of private structures, there are only two tenants and four employees will be affected by the subproject.

Table 4.11 Indirect Impact on DPs by Loss of Private Structure

Sl. No. Category of Impact No. of Household %Age 1 Tenant 2 33.33 2 Employee in Residential Structure 3 50.00 3 Employee in Commercial Structure 1 16.67 Total 6 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.4 Impact on Private Trees

56. There are 3,129 private trees being affected in the subproject including 2,421 (77%) non-fruit bearing trees and 708 (23%) fruit bearing trees. The major species of non-fruit bearing trees includes sisam, kamhar, babul, nim, pippal etc whereas among fruit bearing trees major species includes mango, jamun, ber, amrut etc. The details of trees affected in the subproject are presented in the Table 4.12.

Table 4.12 Impact on Private Trees

Sl. No. Type of Tree No. of Trees %Age 1 Fruit Bearing 708 22.63 2 Non-fruit Bearing 2,421 77.37 Total 3,129 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.5 Loss of Livelihoods

57. Due to loss of land and structures many people being losing their livelihoods and getting economically displaced. As per the census survey, in addition to 5363 owners of agricultural land, 68 agricultural labourers, 150 leaseholders, 301 sharecroppers, also losing their livelihood due to loss of agricultural land. Other DPs losing livelihoods includes 51 owners of commercial structures, 2 owners of residential cum commercial structures and 4 employee in residential and commercial structure. The details of impact on livelihoods in the subproject are presented in the Table 4.13. Table 4.13 Loss of Livelihood

Sl. No. Loss Households % 1 Owners of Agricultural Land 5363 90.30 2 Agricultural Labourer 68 1.14 3 Agricultural Tenants/ Leaseholders 150 2.53 4 Sharecropper 301 5.07 5 Owners of Commercial Structure 51 0.86 6 Owners of Residential cum Commercial Structure 2 0.03 7 Employees in Structures 4 0.07 Total 5939 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.6 Loss of Community Property Resources (CPR)

58. The loss of CPR due to the subproject includes mostly government land and structures. Among others there are 2 community structures and 17 religious structures also affected. The details of community property being affected in the subproject are summarized in the Table: 4.14 and 4.15.

Table 4.14 Loss of Community Property Resources (CPR)

Sl. No. Type of Property Number Land Units No. of Structure 1 Community Property 3 2 2 Religious Property 14 17 3 Government Property 240 30 Total 257 49 Source: Census Survey, Bihar State Highways II Project, 2010-2011

Table 4.15 Type of Community Structures affected

Sl. No. Type of Property Type of Structure No. of Structure 1 Community Property Community Center 2 2 Religious Property Temple 15 Shrine 2 3 Government Property Govt. Office 3 School 12 Bus Stop 1 Other Government 14 Total 49 Source: Census Survey, Bihar State Highways II Project, 2010-2011

4.7 Summary Subproject Impacts

59. 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 5,790 land units/plots and 288 structures will be affected due to the subproject work. As per the survey in 5,533 household and 56,212 DPs 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 4.16.

Table 4.16: Summary Subproject Impacts Sl. No. Impacts Number 1 Total land acquisition requirements (in acre) 1353.22 2 Total number of land units/plots affected 5790 3 Total Private land acquisition requirements (in acre) 1214.97 4 Total number of private structures affected 239 5 Total number of trees affected 3129 6 Total number of households affected 5533 7 Total number of vulnerable households affected 1551 8 Total number of displaced persons (DPs) 56212 9 Total number of CPR (structure) affected 49 Source: Census Survey, Bihar State Highways II Project, 2010-2011 23

CHAPTER 5: STAKEHOLDERS CONSULTATION AND PARTICIPATION

5.1 Stakeholders in the Project 60. Consultations with various stakeholders were carried out during various phases of project preparation. The stakeholders in the project are both primary and secondary. The primary stakeholders are project displaced persons (DPs), project affected persons (APs), project beneficiaries, host community and Executing Agency especially the officials in BSRDC, PMU, PIU and the field level BSRDC staff. The secondary stakeholder includes district magistrates and the revenue officials village heads, head of Gram Panchayat, village administrative officers NGO and business communities in the area.

5.2 Public Consultation in the Project

61. Numerous consultations were arranged at the stage of project preparation to ensure peoples’ participation in the planning phase of this project and to treat public consultation and participation as a continuous two way process. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of APs and other stakeholders were consulted through focus group discussions and individual interviews. The FGD were conducted in 2010 during the project preparation and further consultations were carried out during implementation, specifically at the time RP updation in 2011.

5.3 Methods of Public Consultation

62. Consultations and discussions were held along the subprojects with the affected families and other stakeholders. These meetings were organized to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions) are detailed below in Table 5.1.

Table 5.1: Methods of Public Consultations

Stakeholders Consultation Method DPs Census & Socioeconomic Survey Village Pradhan/representative of APs Focus Group Discussions Local communities Focus Group Discussions Women’s groups Focus Group Discussions Vulnerable groups (SC, ST, BPL) Focus Group Discussions BSRDC/EA Individual interview, discussion, joint field visit Line Departments (Revenue Officials) Individual meeting/interview, discussion

5.4 Scope of Consultation and Issues

63. During the consultation process along with census and socio-economic survey, efforts were made by the study teams to: 24

. Ascertain the views of the APs, with reference to land acquisition and road alignment; . Understand views of the community on land acquisition, resettlement issues and rehabilitation options; . Identify and assess the major socio-economic characteristics of the villages to enable effective planning and implementation; . Obtain opinion of the community on issues related to the impacts on community property and relocation of the same. . Examine APs’ opinion on problems and prospects of road related issues; . Identify people's expectations from subprojects and their absorbing capacity; . Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

5.5 Findings of Focused Group Discussions

64. Some of the major issues that were discussed and feedback received from the villagers during the course of the consultations and measures taken are summarized in the Table 5.2. The details of consultations are presented in the Appendix-3.

Table 5.2 Summary Findings of FGD

Issue Discussion/Suggestion Majors Taken Existing Road In most of the cases existing road The existing roads sections falling in Condition was found in a very poor the alignment will be improved to four condition lane standard Transport and Many villages along the The subproject road will provide better communication alignment are not properly connectivity and a faster problem connected to the major roads transportation to distance places Positive project The positive project impacts The alignment is planned to provide impact perceived by the local people are maximum benefits to the local people all weather road, direct access to many facilities, business and employment opportunities, appreciation of land value etc Negative project Negative project impacts All loss of land will be compensated impacts perceived by the people are loss as per BLARRP-2007 ensuring of agricultural land, structures market value. Structures will be and livelihoods compensated without depreciation. Loss of livelihoods will also be compensated and assisted by the project including opportunity for labourer in construction work Problem in The physical displacement under Physically displaced people will be Relocation the project is limited people have supported with shifting and additional land to shift and transitional assistance and the therefore can be handled easily implementing NGO will assist them in identifying land for relocation if required. Rate of People are very much concern The rate of compensation will be compensation about the rate of compensation decided as per BlARRP- 2007 and not 25

Issue Discussion/Suggestion Majors Taken as the government rate is very as per the Land Acquisition Act 1894. low Consultation and People want more consultation Public consultation will continue participation during project implementation throughout the project cycle. and want to participate in the Implementing NGO will assist people project in participation at various stages. Road safety The proposed four lane road may Proper road safety measures are be concern for safety specifically incorporated in the project design. for women and children Special measures at schools, hospitals and market places will provided for the purpose

5.6 Consultation with Officials and Other Stakeholders

65. Other stakeholders in the subproject such as Executing Agency especially the officials in BSRDC, PMU, PIU and the field level BSRDC staff and the concerned district magistrates and the revenue officials were also consulted on various issues. The details of some of such consultations are summarized in the Table 5.3.

Table 5.3 Details of Consultation with Officials and Other Stakeholders

Name and designation of Sl. No. Issue Discussed Consulted Person 1 Mr. Girish Chandra Mishra Project progress, coordination with Design (DGM. Technical, BSRDC) Consultant, BSRDC capacity assessment, Coordination with District collector 2 Mr. Suryamani Singh (DGM. Review of subproject resettlement study progress Environment and Social, and preparation of LAP, BSRDC) 3 Mr. Brijesh Prasad (GM, SH-78 LAP and resettlement plan preparation, BSRDC) progress review, joint site visit 4 Mr. Vijayshanker (GM, SH-78 LAP and resettlement plan preparation, BSRDC) progress review 5 Mr. S S Tiwari, (DGM, PIU, SH-78 LAP and resettlement plan preparation, Biharsarif) progress review, joint site visit 6 Mr. Sailesh Kumar (Manager, SH-78 LAP and resettlement plan preparation, PIU, Biharsarif) progress review, joint site visit 7 Mr. Muninder Thakur SH-78 LAP and resettlement plan preparation, (Manager, PIU, Biharsarif) progress review, joint site visit 8 Mr. Raj Nair, TA Team Leader Subproject technical requirement, design plans, coordination with design consultant 9 Mr. Jitender Kumar, District Landholders data collection for SH-78 in Patna Collector, Patna district, issue of letters to subordinates and guidance for subproject requirement 10 Mr. Anup kumar, District Landholders data collection for SH-78 in Nalanda Collector, Nalanda district, issue of letters to subordinates and guidance for subproject requirement 11 Mr. Prakash Kumar (Director, Design plan and LAP for Sh-78, joint verification of 26

PIDC) selected villages 12 Mr. Sanjay Sharma, BDO, Landholders details collection for SH-78 section in Noorsarai Noorsarai Block, issue of guidance and follow-up 13 Mr. Girijanand Kopri, BDO, Landholders details collection for SH-78 section in Chandi Chandi Block, issue of guidance and follow-up 14 Mr. S K Pandit, BDO, Rahui Landholders details collection for SH-78 section in Rahui Block, issue of guidance and follow-up 15 Mr. haritosh Kumar, BDO, Landholders details collection for SH-78 section in Bind Bind Block, issue of guidance and follow-up 16 Mr Kumarit Satyanand, BDO, Landholders details collection for SH-78 section in Sarmera Sarmera Block, issue of guidance and follow-up

5.7 Plan for further Consultation in the Project

66. The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with APs will form part of the further stages of project preparation and implementation. A local NGO will be entrusted with the task of conducting these consultations during RP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration measures suggested for the subproject. The consultation will continue throughout the project implementation.

67. The following set of activities will be undertaken for effective implementation of the Plan:

In case of any change in engineering alignment planning the APs and other stakeholders will be consulted in selection of road alignment for minimization of resettlement impacts, development of mitigation measures etc. Together with the NGO, the Project Implementation Unit (PIU) will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation. During the implementation of RP, NGO will organize public meetings, and will appraise the communities about the progress in the implementation of project works, including awareness regarding road construction. Consultation and focus group discussions will be conducted with the vulnerable groups like women, SC, ST, and OBC’s to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration. To make reasonable representation of women in the project planning and implementation they will be specifically involved in consultation.

68. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for each of the subprojects as per the format below in Table 5.4.

Table 5.4 Format for Public Consultation and Disclosure Plan

Timing Agencies Activity Task (Date/ Remarks

Period) Stakeholder Mapping of the project PIU/Design identification area Consultant Project information Distribution of PIU/NGO dissemination information leaflets to displaced persons (DPs) Consultative meetings Discuss potential PIU/Design with APs impacts of the project Consultant during scoping phase Public Notification Publish list of affected PIU/NGO lands/sites in a local newspaper; establish eligibility cut-off date Socio-economic Collect socioeconomic PIU/NGO survey information on AP’s perception on the project Consultative meetings Discuss entitlements, PIU/Design on resettlement compensation rates, Consultant mitigation measures grievance redress mechanisms Publicize the Distribute leaflets or PIU/NGO resettlement plan booklets in local (RP) language Full disclosure of the Distribute RP in local PIU/NGO RP to APs language to APs Internet disclosure of RP posted on ADB PMU the RP and/or EA website Consultative meetings Face to face PIU/NGO during detailed meetings with APs measurement survey(DMS) Disclosure after DMS Disclose updated PIU/NGO RP to DPs Internet disclosure of Updated RP posted on PMU the updated RP ADB and/or EA website

5.8 Information Disclosure 69. 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:

(iv) the final resettlement plan endorsed by the EA after the census of displaced persons has been completed; 28

(v) a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if any; and (vi) the resettlement monitoring reports.

70. The EA will provide relevant resettlement information, including information from the above mentioned documents in a timely manner, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Hindi) and distributed to APs. 29

CHAPTER 6: LEGAL FRAMEWORK

6.1 Introduction

71. 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, Asian Development Bank and the Resettlement Framework (RF) adopted for the project. Prior to the preparation of the RP, a detailed analysis of the existing national and state policies was undertaken and a RF has been prepared for the entire program. The section below provides details of the various national and state level legislations studied and their applicability within this framework. This RP is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. A summary of applicable acts and policies is presented in the following paragraphs and the detailed policy review and comparison is provided in the RF.

6.2 Land Acquisition Act 1894

72. The Land acquisition Act (LAA) 1894, as amended in 1984 provides the legal framework for land acquisition for a public purpose in India. It enables the State Government to acquire private lands for a public purpose, and seeks to ensure that no person is deprived of land except under the Act. The general process for land acquisition under LAA is:

Land identified for a project is placed under Section 4 of the LAA. This constitutes notification with Government’s intention to acquire land. Objections must be made within 30 days to the District Collector (DC, highest administrative officer of the concerned District). The land is then placed under Section 6 of the LAA. This is a declaration made by the Government for acquisition of land for public purpose. The DC is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the DC shall make an award within one year of the date of publication of the declarations. In case of disagreement on the price awarded, within 6 weeks of the award the parties (under Section 18) can request the DC to refer the matter to the Courts to make a final ruling on the amount of compensation. Once the land has been placed under Section 4, no further sales or transfers are allowed. Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project proponent to the State government, which in turn compensates landowners.

73. The price to be paid for the acquisition of land is based on the circle rate recorded at the District Registrar's office averaged over the three years preceding notification under Section 4. Clause 16 of the LA Act allows the Collector to take possession of land after making an award, but he is also required to make payment of compensation awarded by him before taking possession of land (Clause 31). If payment of compensation is not paid before taking possession, he is required to pay an interest (Clause 34). An additional payment of 12% according to Clause 23 (1) (a) and the 30% solatium according to Clause 23 (2) are made by a 30

Court of Law when an affected person does not accept the award made by a Collector and requests to refer the matter for the determination of a court. However, considering that a number of the affected persons may approach a court for securing higher payments, these amounts are included for the budgeting purpose.

74. Under the Land Acquisition Act 1894, compensation is paid only to the legal titleholders and does not provide any compensation package to the non-titleholders like encroachers, squatters etc.

6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007)

75. The National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) was adopted by the Government of India in 31 October, 2007 to address development-induced resettlement issues. The policy provides for the basic minimum requirements, and all projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP-2007. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the NRRP-2007 are as follows:

to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives; to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families; to ensure that special care is taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity; to provide a better standard of living, making concerted efforts for providing sustainable income to the affected families; to integrate rehabilitation concerns into the development planning and implementation process; and where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation.

76. Some of the salient features of the NRRP- 2007 are listed below.

The benefits to be offered to the affected families include; land-for-land, to the extent Government land would be available in the resettlement areas; preference for employment in the project to at least one person from each nuclear family subject to the availability of vacancies and suitability of the displaced person; training and capacity building for taking up suitable jobs and for self-employment; scholarships for education of the eligible persons from the affected families; preference to groups of cooperatives of the affected persons in the allotment of contracts and other economic opportunities in or around the project site; wage employment to the willing affected persons in the construction work in the project; 31

housing benefits including houses to the landless affected families in both rural and urban areas; and other benefits. Financial support to the affected families for construction of cattle sheds, shops, and working sheds; transportation costs, temporary and transitional accommodation, and comprehensive infrastructural facilities and amenities in the resettlement area including education, health care, drinking water, roads, electricity, sanitation, religious activities, cattle grazing, and other community resources, among others. A special provision has been made for providing life-time monthly pension to the vulnerable persons, such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above 50 years of age (who are not provided or cannot immediately be provided with alternative livelihood). Special provision for the STs and SCs include preference in land-for-land for STs followed by SCs; a Tribal Development Plan which will also include a program for development for alternate fuel which will also include a program for development for alternate fuel and non-timber forest produce resources, consultations with Gram Sabhas and Tribal Advisory Councils, protection of fishing rights, land free- of-cost for community and religious gatherings, continuation of reservation benefits in resettlement areas, among others. A strong grievance redressal mechanism has been prescribed, which includes standing R&R Committees at the district level, R&R Committees at the project level, and an Ombudsman duly empowered in this regard. The R&R Committees shall have representatives from the affected families including women, voluntary organizations, Panchayats, local elected representatives, etc. Provision ahs also been made for post-implementation social audits of the rehabilitation and resettlement schemes and plans. For effective monitoring of the progress of implementation of R&R plans, provisions have been made for a National Monitoring Committee, a National Monitoring Cell, mandatory information sharing by the States and UTs with the National Monitoring Cell, and Oversight Committees in the Ministries/Departments concerned for each major project, among others. For ensuring transparency, provision has been made for mandatory dissemination of information on displacement, rehabilitation and resettlement, with names of the affected persons and details of the rehabilitation packages. Such information shall be placed in the public domain on the Internet as well as shared with the concerned Gram Sabhas and Panchayats, etc. by the project authorities. A National Rehabilitation Commission shall be set up by the Central Government, which will be duly empowered to exercise independent oversight over the rehabilitation and resettlement of the affected families. Under the new Policy, no project involving displacement of families beyond defined thresholds4 can be undertaken without a detailed Social Impact Assessment, which among other things, shall also take into account the impact that the project will have on public and community properties, assets and infrastructure; and the concerned Government shall have to specify that the

4 A new project or expansion of an existing project, which involves involuntary displacement of four hundred or more families en masse in plain areas, or two hundred or more families en masse in tribal or hilly areas, DDP blocks or areas mentioned in the Schedule V or Schedule VI to the Constitution. 32

ameliorative measures for addressing the said impact, may not be less than what is provided under any scheme or program of the Central or State Government in operation in the area. The SIA report shall be examined by an independent multi- disciplinary expert group, which will also include social science and rehabilitation experts. Following the conditions of the SIA clearance shall be mandatory for all projects displacing people beyond the defined thresholds. The affected communities shall be duly informed and consulted at each stage, including public hearings in the affected areas for social impact assessment, wide dissemination of the details of the survey to be conducted for R&R plan or scheme, consultations with the Gram Sabhas and public hearings in areas not having Gram Sabhas, consultations with the affected families including women, NGOs, Panchayats, and local elected representatives, among others. The Policy also provides that land acquired for a public purpose cannot be transferred to any other purpose but a public purpose, and that too, only with prior approval of the Government. If land acquired for a public purpose remains unutilized for the purpose for five years from the date of taking over the possession, the same shall revert to the Government concerned. When land acquired is transferred for a consideration, eighty per cent of any net unearned income so accruing to the transferor, shall be shared with the persons from whom the lands were acquired, or their heirs, in proportion to the value of the lands acquired. The entitled persons shall have the option to take up to twenty per cent of their rehabilitation grant and compensation amount in the form of shares, if the Requiring Body is a company authorized to issue shares and debentures; with prior approval of the Government, this proportion can be as high as fifty per cent of the rehabilitation grant and compensation amount.

6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP- 2007).

77. In February 2007, Government of Bihar has formulated and adopted a policy called Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP-2007). The policy comprises provision for compensation according to revised rate of land and additional facilities to be provided to the affected families. The main features of policy are as follows:

To meet the replacement cost of land payment of compensation in revised rate i.e. 50% additional as registration cost plus 30% solatuim in compulsory acquisition and 60% solatium if owners agree to give land voluntarily. Where homestead land is being acquired the land owner shall be entitled for same area of land being acquired (Maximum 5 Decimal) which shall be acquired for the purpose and shall be handed over to the entitled person. Every land owner, whose homestead land has been acquired, shall be paid an amount equal to Rs. 10,000 (Rupees Ten thousand) as one time assistance for temporary recommendation. Every Land Owner whose homestead land is being acquired shall be entitled for a one time payment of Rs. 5,000.00 (Rupees five thousand only) as assistance for transportation of his household goods. Displaced agricultural laborer who has been working for a period of minimum three years and who used to earn his livelihood by working on the land which is 33

now under acquisition and who has become jobless because of the acquisition, shall be entitled for one time payment of two hundred days wages as fixed by the govt. under minimum wages act and shall also be entitled for National/State level job card under National Rural Employment Guarantee Program.

78. The policy specifies that the entire cost for resettlement and rehabilitation, in addition to the cost of acquisition of land shall be borne by the respective requisitioning authorities. The Requisitioning Authority shall deposit an amount equivalent to 0.5% of the estimated cost of land under acquisition for the project to the Collector-cum-Administrator, Resettlement and Rehabilitation through a bank draft subject to maximum of Rs. 2.0 (Two lacs) only. This amount shall be over and above the amount paid for establishment expenditure under LAA. This additional amount shall be paid for outsourcing the work of survey for Resettlement, Monitoring, Stationeries, POL and other incidentals like vehicle, Computer, Computer Operator, Amins, Drafts man, Chainman etc.

79. The better part of the BLARRP-2007 is that the rate of land offered under it is near to replacement value. The rate of land according to this policy is 85% more then the rate of land being provided by LAA-1894. Additionally the policy also ensure transitional assistance, transportation assistance and assistance for income loss by the DPs

6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement

80. The ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre- project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

81. The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

82. The main policy principles of the involuntary resettlement safeguard are:

Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in 34

consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 35

Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

6.6 Policy Framework for this Project

83. Based on the above 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 shall be the following: The involuntary resettlement would be avoided wherever possible or minimized as much as possible by exploring project and design alternatives. The Project or all subprojects under the program will be screened to identify past, present, and future involuntary resettlement impacts and risks. The scope of resettlement planning will be determined through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Meaningful consultations with affected persons, host communities, and concerned non-government organizations will be carried out and all displaced persons will be informed of their entitlements and resettlement options. AP’s participation in planning, implementation, and monitoring and reporting of resettlement programs will be ensured. Particular attention will be paid to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. An effective grievance redress mechanism will be established to receive and facilitate resolution of the displaced persons’ concerns. The social and cultural institutions of displaced persons and their host population will be supported through proper planning. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. The livelihoods of all displaced persons will be improved or at least restored through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Physically and economically displaced persons will be provided with needed assistance, including (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. The standards of living of the displaced poor and other vulnerable groups, including women, will be improved to at least national minimum standards. In rural areas legal and affordable access to land and resources will be provided, 36

and in urban areas appropriate income sources and legal and affordable access to adequate housing will be provided to the displaced poor. If land acquisition is through negotiated settlement, procedures will be developed in a transparent, consistent, and equitable manner to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. If, however, the negotiated settlement fails, the normal procedure of land acquisition will be followed. Displaced persons without titles to land or any recognizable legal rights to land will be ensured that they are eligible for resettlement assistance and compensation for loss of non-land assets. A resettlement plan will be prepared elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. The draft resettlement plan, including documentation of the consultation process will be disclosed in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. The final resettlement plan and its updates will also be disclosed to displaced persons and other stakeholders. Involuntary resettlement will be conceived and executed as part of a development project or program. Full costs of resettlement will be included in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. All compensation will be paid and other resettlement entitlements will be provided before physical or economic displacement. The resettlement plan will be implemented under close supervision throughout project implementation. Resettlement outcomes, their impacts on the standards of living of displaced persons will be monitored; it will be accessed whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Monitoring reports will be disclosed to APs. Land acquisition for the project would be done as per both LAA and the BLARRP 2007. To meet the replacement cost of land payment of compensation in revised rate i.e. 50% additional as registration cost plus 60% solatium will be provided to each land holders. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of Land Acquisition Act. The owner of such land/property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the district. People moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act, 1894 will be treated as the cut-off date. For non-titleholders the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date. All common property resources (CPR) lost due to the project will be replaced or compensated by the project.

84. The project will recognize three types of displaced persons like (i) persons with formal 37

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.

6.7 Methodology for Determination of Valuation of Assets

85. All lands proposed to be acquired under this project will be compensated as per replacement cost. Land surveys to determine compensation rates will be conducted on the basis current land use and assessment of market value. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The EA will determine the replacement cost as per BLARRP-2007 based on market survey and in consultation with APs. After notification for acquisition as per LAA-1894, the EA will negotiate with DPs for voluntary acquisition and ensure payment of additional 50% registration cost and 60% solatium to all DPs. The EA will ensure that the rates established for the project are sufficient to purchase the same quality and quantity of land in the specific area.

86. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The EA will determine the replacement cost of structures in consultation with the owners by assessing (i) sources and cost of materials, whether the materials are locally available; (ii) type of shops (private or state-owned); (iii) distance to be traveled to procure materials; (iv) obtaining cost estimates through consultation with three contractors/suppliers in order to identify cost of materials and labor; (v) identifying the cost of different types of houses of different categories and compare the same with district level prices.

87. Cash compensation for properties belonging to the community if opted by the community, will be provided to enable construction of the same at new places through the community/ local self-governing bodies / appropriate authority in accordance with the modalities determined by such bodies / authority to ensure correct use of the amount of compensation.

88. Compensation for trees will be based on their market value. Loss of timber trees will be compensated at their replacement cost while the compensation for the loss of fruit bearing trees will be calculated as annual produce value for at next 15 years depending on the nature of crops/trees.

6.8 Procedure and Steps of Land Acquisition

89. The land acquisition in this subproject context will be accordingly the Land acquisition Act (LAA) 1894, as amended in 1984 along with additional provision made under Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP-2007). The process for land acquisition in the subproject will be as follows:

1. All the land identified for the subproject will be placed under Section 4 of the LAA- 1984 and a notification with Government’s intension to acquire land will be issued by the District Collector (DC). 2. Objections if any must be made within 30 days to the District Collector by the landowners. 38

3. The land will be then placed under Section 6 of the LAA where a declaration will be made by the Government for acquisition of land for public purpose. 4. The DC will take steps for the acquisition, and the land is placed under Section 9 and notice will be issued by the DC in the name of persons interested. 5. Once the land is placed under Section-9, the EA with the help of NGO will negotiate with DPs for negotiated settlement to ensure payment of additional 50% registration cost and 60% solatium to all DPs. 6. Under Section 11, the DC will make declaration of award and disburs the compensation to the DPs. 39

CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS

7.1 Definition of DPs and Eligibility

90. 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. DPs entitled for compensation, assistance and rehabilitation provisions under the sub project are:

All DPs losing land either covered by formal legal title, recognizable title , or without legal status; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and DPs losing business, income, and salaries

91. In case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act, 1894 will be treated as the cut-off date. For non-titleholders, the cut-off date will be the beginning of the updated census survey which is 21 April 2011. APs 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 will not pay any fine or suffer any sanction.

7.2 Entitlements

92. The entitlement provisions various categories of DPs in terms loss of land house and income as per census survey are detailed below:

93. Agricultural land impacts will be compensated at replacement cost. Cash compensation at replacement cost will be determined according to BLARRP-2007 or replacement of land if available. If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, three options are to be given to the AP, subject to his acceptance which are (i) The AP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired, (ii) Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the EA, the EA will acquire the residual plot and pay the compensation for it and (iii) If the AP is from vulnerable group, compensation for the entire land by means of land for land will be provided if AP wishes so, provided that land of equal productive value is available. 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.

94. Loss of homestead /Commercial land will be compensated at replacement cost. Cash compensation at replacement cost will be determined according to BLARRP-2007 or 40

replacement of land if available. 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.

95. Loss of Structures Residential/Commercial/Other will be compensated at replacement value with other assistance. The details on the determination of compensation will be as (i) Compensation of structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, (ii) Shifting assistance of Rs. 10,000/-, (iii) Right to salvage material from demolished structure and frontage etc, and (iv) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals.

96. Loss of rental accommodation by the tenants will be compensated as rental assistance and shifting assistance. The details assistance will be as per (i) Rental assistance for both residential & commercial tenants as per the prevalent rate in the form of grant to cover maximum three month rentals, (ii) Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount, (iii) Shifting assistance based on type of house and household assets, (iv) Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on submission of documentary evidences and (v) Right to salvage material from demolished structure and frontage etc. erected by tenants

97. Loss of trees will be compensated to land holders, sharecroppers and lease holders based on the market value to be computed with assistance of horticulture department. This can further be detailed in specific ways such as (i) Advance notice to DPs to harvest fruits and remove trees, (ii) b) For fruit bearing trees compensation at average fruit production for next 15 years to be computed at current market value and (iii) For timber trees compensation at market cost based on kind of trees

98. Loss of crops will be compensated to land holders, sharecroppers and lease holders based on the market value to be computed with assistance of agricultural department. The detailed compensation methods are (i) advance notice to DPs to harvest crops and (ii) in case of standing crops, cash compensation at current market cost to be calculated of mature crops based on average production.

99. Loss of livelihood due to loss of primary source of income will be compensated through rehabilitation assistances. There are various categories of entitled persons under this category which are (i) titleholders losing income through business, (ii) titleholders losing income through agriculture, (iii) non-titleholders namely squatters and vulnerable encroachers losing primary source of income, (iv) wage earning employees indirectly affected due to displacement of commercial structure, (v) agricultural laborer/share-cropper and (vi) licensed mobile vendors and kiosk operators. Details of entitlements for the above categories are described below:

Titleholders losing their business establishment due to displacement will be provided rehabilitation assistance through a lump sum transitional allowance of Rs. 9,000/-

Titleholders losing income through agriculture will be provided with the rehabilitation assistance which are (i) Training Assistance will be provided for income generating vocational training and skill upgradation options as per DPs choice at the rate of Rs. 4,000 per affected household to those households loosing their primary source of 41

income and (ii) employment opportunity for DPs in the road construction work, if available and if so desired by them.

Wage earning employees indirectly affected due to displacement of commercial structure will be assisted through rehabilitation assistance which are; (i) persons indirectly affected due to the employer having being displaced, on case-by-case, based on local wage rates for three months, (ii) employment opportunity for DPs in the road construction work, if available and if so desired by them, or (iii) National/State level job card under National Rural Employment Guarantee Program.

Rehabilitation assistance for agricultural laborer/share-cropper will be paid as per the details such as (i) assistance is to be paid as per the prevailing local wage rates for 200 days., (ii) b) employment opportunity for DPs in the road construction work, if available and if so desired by them, or (iii) National/State level job card under National Rural Employment Guarantee Program.

100. Loss of community infrastructure/common property resources will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community.

101. Additional assistance to vulnerable groups (Vulnerable households including BPL, SC, ST, WHH, disabled and elderly) will be paid with Special Assistance which will be one time lump sum assistance of Rs. 10,000/, to vulnerable households. This will be paid above and over the other assistance(s) as per this framework. This admissible assistance amount of Rs. 10,000 will not be multiplied if the household is having multiple criteria for its vulnerability.

102. Other unanticipated Impacts (Temporary impact during construction like disruption of normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site) will be compensated to either individual or community in the form of (i) the contractor shall bear the cost of any impact on structure or land due to movement of machinery during construction or establishment of construction plant and (ii) all temporary use of lands outside proposed ROW to be through written approval of the landowner and contractor. Location of Construction camps by contractors in consultation with RCD.

103. Any unanticipated impacts (if any) due to the project will be documented and mitigated based on the spirit of the principle agreed upon in this framework.

7.3 Entitlement Matrix

104. Compensation for the lost assets to all displaced persons 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” comprises of DPs living below poverty line (BPL), SC, ST, women headed households, the elderly and the disabled. An Entitlement Matrix (Table 7.1) has been formulated, which recognizes and lists various types of losses resulting out of the project and specific compensation and resettlement packages.

Table 7.1: Entitlement Matrix

S. Unit of Type of Loss Entitlement Details N. Entitlement A. LOSS OF LAND 1 Loss of Titleholder a) Compensation a) Cash compensation at replacement cost as Agricultural at determined according to BLARRP-2007 or land replacement replacement of land if available. cost b) If the residual plot(s) is (are) not viable, i.e., the b) Special AP becomes a marginal farmer,5 any of the provision for following three options are to be given to the vulnerable AP, subject to his acceptance: group The AP remains on the plot, and 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 residual plot should also be acquired by the EA, the EA will acquire the residual plot and pay the compensation for it. If AP is from vulnerable group, compensation for the entire land by means of land for land will be provided if AP wishes so, provided that land of equal productive value is available. c) 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 Titleholder Compensation at a) Cash compensation at replacement cost as homestead replacement cost determined according to BLARRP-2007 or /commercial replacement of land if available. 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 STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER) 3 Loss of Titleholder a) Compensation a) Compensation of structure will be paid at the residential / at replacement replacement cost to be calculated as per latest commercial cost prevailing basic schedules of rates (BSR) structures b) Shifting without depreciation. assistance b) Shifting assistance of Rs. 10,000/-6. c) Right to salvage material from demolished structure and frontage etc. d) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals. 4 Loss of rental Tenants a) Rental a) Rental assistance for both residential & accommodati Assistance commercial tenants as per the prevalent rate in on b) Compensation the form of grant to cover maximum three at replacement month rentals @ Rs. 3000/-

5 Marginal farmers are those who own less land than the district minimum land holding. 6 As required by NPRR-2007. 43

S. Unit of Type of Loss Entitlement Details N. Entitlement cost b) Additional structures erected by tenants will c) Shifting also be compensated and deducted from assistance owner’s compensation amount. c) Shifting assistance based on type of house and household assets. d) Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on submission of documentary evidences. e) Right to salvage material from demolished structure and frontage etc. erected by tenants. C. LOSS OF TREES AND CROPS 5 Loss of Trees a) Land Compensation at a) Advance notice to DPs to harvest fruits and holders Market value to be remove trees b) Share- computed with b) For fruit bearing trees compensation at average croppers assistance of fruit production for next 15 years to be c) Lease horticulture computed at current market value holders department c) For timber trees compensation at market cost based on kind of trees 6 Loss of Crops a) Land Compensation at a) Advance notice to DPs to harvest crops holders Market value to be b) In case of standing crops, cash compensation b) Share- computed with at current market cost to be calculated of croppers assistance of mature crops based on average production. c) Lease agriculture holders department D. LOSS OF LIVELIHOOD 7 Titleholders Rehabilitation Title holders loosing their business establishment Loss of losing income Assistance due to displacement will be provided with a lump primary through sum transitional allowance of Rs. 9,000/-7. source of business income Titleholders Rehabilitation a) Training Assistance will be provided for income losing income Assistance generating vocational training and skill through upgradation options as per DPs choice at the agriculture rate of Rs. 4,000 per affected household to those households loosing their primary source of income. b) Employment opportunity for DPs in the road construction work, if available and if so desired by them. Wage earning Rehabilitation a) This is valid for persons indirectly affected due employees Assistance to the employer having being displaced, on indirectly case-by-case, based on local wage rates for affected due three months of Rs. 9,000/-. to b) Employment opportunity for DPs in the road displacement construction work, if available and if so desired of commercial by them, Or structure c) National/State level job card under National Rural Employment Guarantee Program. Agricultural Rehabilitation a) Assistance is to be paid as per the prevailing laborer/share- Assistance local wage rates for 200 days @ Rs. 20,000/-. cropper b) Employment opportunity for DPs in the road construction work,

7 This rate has been fixed based on the estimates of average income for a period of three months.

S. Unit of Type of Loss Entitlement Details N. Entitlement c) if available and if so desired by them, Or d) National/State level job card under National Rural Employment Guarantee Program. E. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES 8 Loss of Community Reconstruction/ Cash compensation at replacement cost or Common Cash reconstruction of the community structure in Property Compensation at consultation with the affected community. Resources replacement cost

F. ADDITIONAL SUPPORT TO VULNERABLE GROUP 9 Additional Vulnerable Special One time lump sum assistance of Rs. 10,000/ to Assistance to households Assistance vulnerable households. (This will be paid above vulnerable including BPL, and over the other assistance(s) as per this groups SC, ST, WHH, framework). disabled and elderly I. OTHER UNANTICIPATED IMPACTS 10 Temporary Community / Compensation a) The contractor shall bear the cost of any impact during Individual impact on structure or land due to movement of construction machinery during construction or establishment like disruption of construction plant of normal b) All temporary use of lands outside proposed traffic, RoW to be through written approval of the damage to landowner and contractor. adjacent c) Location of Construction camps by contractors parcel of land in consultation with RCD. / assets due to movement of heavy machinery and plant site 11 Unforeseen Any unanticipated impacts due to the project will be documented and mitigated based on impacts if any the spirit of the principle agreed upon in this framework.

CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS

8.1 Basic Provision for Relocation

105. 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.

106. 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 such as direct employment, engagement as petty contractor, supplying raw materials etc.

8.2 Need for Relocation

107. Despite being a liner project, the quantum of land acquisition is high in the subproject because the alignment is afresh. The efforts made to minimize the resettlement has yielded well as there are only 232 households losing their structures along with land in the subproject in 94 kilometers of stretch. Because of small landholdings and size of plots, as many as 5533 households are losing their land in the subproject. The severity of impacts in the subproject is not highly significant because no any landless squatters or non-titleholders are getting affected and all the titleholders affected by the subproject are partially losing their agricultural land or homestead land. However, all efforts are made through various provisions in this RP to mitigate negative social impacts on displaced persons and communities by supporting relocation of affected households and by restoration of pre-project levels of income. 8.3 Magnitude of Physical Displacement in the Subproject

108. Among 88 villages being affected in the subproject, in 31 villages 232 households will be losing various type of structures. Out of 239 structures, 168 structures are of residential, 51 structures are of commercial, two are of residential cum commercial type and another 18 structures are of other use such as cattle shed, boundary wall and foundation etc. During the census survey DPs losing structures were asked whether they have additional land in case of displacement and 197 (84%) households have additional land to shift (refer Table 8.1). Table 8.1 Availability of Additional Land

Sl. No. Additional Land No. of Households % age 1 Available 197 84.91 2 Not Available 35 15.09 Total 232 100.00 Source: Census Survey, Bihar State Highways II Project, 2010-11 46

8.4 Relocation and Compensation Option by DPs

109. To understand and know the relocation options, DPs were consulted during the census survey and out of 232 households losing structures, 214 (92%) households have opted for self relocation. The choice of DPs is further supported by their compensation option opted for cash compensation against loss of their structure. Details of relocation and compensation option are given in Table 8.2.

Table 8.2: Relocation Option by DPs

Sl. No. Relocation Options No. of Households 1 Self Relocation 214 2 Relocation by the Project 18 Total 232 Source: Census Survey, Bihar State Highways II Project, 2010-11

8.5 Relocation Strategy

110. With the scattered nature of resettlement impacts, i.e., 239 structures in 31 villages spread over 94 kilometers and two districts, it will be difficult and not feasible to provide resettlement colony with all amenities. During the focused group discussion, while discussing about relocation options people were very much in favor of resettlement within the village to avoid disruption of community life and problem with host community. Therefore cash compensation at market rate as more practical solution in this case is suggested for loss of structures.

111. All the structures affected in the subproject as per provisions made entitlement matrix will be entitled for the following:

(vii) Compensation of structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, (viii) Shifting assistance to all structures each at @ of Rs. 10,000 per structure, (ix) Right to salvage material from demolished structure and frontage etc, and (x) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals.

112. To help the DPs losing structures in getting all above entitlements and relocating themselves, following relocation strategy will be adopted in the subproject:

a) All compensation will be paid and other resettlement entitlements will be provided before physical displacement. b) At least one month advance notice before demolition of structure. c) Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. d) The NGO engaged for RP implementation will assist DPs during verification of assets and will provide necessary counseling on payment of compensation and assistance. e) The NGO will assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. 47

f) In close consultation with the DPs, the NGO will fix the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. g) In case of self relocation also, the NGO will assist the DPs in finding alternative land within the village if so desired by the DPs in consultation with village committee and other beneficiaries in the villages. h) The NGO will assist the APs to get benefits from Indira Aawas Yojana (IAY) and Credit-cum-Subsidy Scheme for Rural Housing (CSRH)

CHAPTER 9: INCOME RESTORATION AND REHABILITATION

9.1 Loss of Livelihoods in the Subproject

113. 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. Whenever replacement land is offered, displaced persons are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The non-availability of land will be demonstrated and documented during the implementation of this RP to the satisfaction of ADB.

114. The subproject impacts reveals that due to loss of agricultural land many people being losing their livelihoods and getting economically displaced. As per the findings of census survey, in addition to 5363 owners of agricultural land, 68 agricultural laborers, 150 leaseholders, 301 sharecroppers, also losing their livelihood due to loss of agricultural land. Other DPs losing livelihoods includes 51 owners of commercial structures, 2 owners of residential cum commercial structures and 4 employees. The details of impact on livelihoods in the subproject are summarized in the Table 9.1.

Table 9.1 Loss of Livelihood

Sl. No. Loss Households Percentage 1 Owners of Agricultural Land 5363 90.30 2 Agricultural Labourer 68 1.14 3 Agricultural Tenants/ Leaseholders 150 2.53 4 Sharecropper 301 5.07 5 Owners of Commercial Structure 51 0.86 6 Owners of Residential cum Commercial Structure 2 0.03 7 Employees in Structures 4 0.07 Total 5939 100.00 Source: Census Survey, Bihar State Highways II Project, 2009-10

9.2 Provisions for Loss of Livelihood

115. The DPs losing their livelihoods includes titleholders land, agricultural laborers, agricultural tenants, and sharecroppers, DPs 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.

116. In cases where land acquisition affects commercial structures, affected business owners are entitled to (i) the costs of reestablishing commercial activities elsewhere; (ii) the net income 49

lost during the transition period; and (iii) the costs of transferring and reinstalling plant, machinery, or other equipment. Business owners with legal rights or recognized or recognizable claims to land where they carry out commercial activities are entitled to replacement property of equal or greater value or cash compensation at full replacement cost. The EA will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; (ii) other entitlements listed in the resettlement plan have been provided to displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods.

9.3 Income Restoration Measures

117. The entitlement proposed for the subproject has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain their previous living standards. To restore and enhance the economic conditions of the DPs, certain income generation and income restoration programs are incorporated in the RP. To begin with providing employment to the local people during the construction phase will enable them to benefit from the project, reduce the size of intrusive work forces and keep more of the resources spent on the project in the local economy. It will also give the local communities a greater stake and sense of ownership in the project.

118. Among specific rehabilitation measures, capacity buildings of all the economically displaced persons will be carried out by the project authority. The NGO to be engaged for implementation of RP will carry out assessment and prepare micro plan for rehabilitation of DPs. The NGO will make the training need assessment and will impart training to the eligible DPs for income restoration and skill up-gradation as necessary. The EA will also provide opportunities to displaced persons to derive appropriate development benefits from the project. The vulnerable DPs will be given preference in availing employment opportunities in subproject construction work. The women headed households also will be taken care of in a case to case basis and the NGO will help them in forming Self help Groups (SHGs), establish linkages to available credit facilities, special trainings, and linking them with ongoing govt. schemes. Budget for training in terms of assistance is provided to DPs losing livelihoods and the NGO will either organize training programs or link the DPs to various ongoing training schemes. Fund for training is provided in the R&R budget keeping in view the average expenditure for ongoing training programs in the project area. Following training programs will be considered based on further training need assessment to be carried out by the NGO. Food processing such as making pickle, making sweets, making tomato sauce etc, Manufacturing of detergent items like soap, and shampoo, Manufacturing cosmetic items like talk and perfumes, Manufacturing candle, Manufacturing Incense sticks, Cycle repairing, Auto workshop, Electric fitting and repairing, Mushroom plantation, Animal husbandry, poultry and pigerry, Sewing cloths and weaving

9.4 Additional Support from Ongoing Poverty Reduction Programs

119. In addition to project-sponsored programs, the implementing NGO will play a proactive role to mobilize DPs to get benefits from various government schemes and ensure their accessibility particularly of vulnerable groups. In India, panchayat government systems at the village, block and district/zilla levels are now responsible for planning and implementation of all anti-poverty programs funded by the central and state governments. The implementing NGO will work with the panchayat governments to make available to the DPs benefits of some of the ongoing pro-poor programs for poverty reduction. 51

CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN

10.1 General

120. 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 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. Some of the major items of this R&R cost estimate are outlined below:

Compensation for agricultural, residential and commercial land at their replacement value compensation for structures (residential/ commercial) and other immovable assets at their replacement cost Compensation for crops and trees Assistance in lieu of the loss of business/ wage income/ employment and livelihood Assistance for shifting of the structures Resettlement and Rehabilitation Assistance in the form of Training allowance Special assistance to vulnerable groups for their livelihood restoration Cost for implementation of RP.

10.2 Compensation

121. Private Agricultural Land: The unit rate for agricultural land has been estimated as per Bihar Land Acquisition and Resettlement Policy-2007. To meet the replacement cost of land compensation will be calculated over updated land rate with 50% additional as registration cost plus 60% solatium.

122. Residential/ Commercial and other structures: The compensation cost of structures are arrived at by assessment of market value, consultation with APs and data collected from building contractors and property agents this meets the replacement cost of the structures. The average rate for permanent structures without land has been calculated at Rs. 3,500/m2, semi- permanent structures have been calculated at Rs. 2,500/m2, and temporary structures have been calculated at the rate of Rs. 1,500/m2.

123. Trees: As per provision made in the entitlement matrix trees will be compensated at market value. Among fruit bearing trees, there are five most common species enumerated in the census surveys, i.e. mengo, jamun, ber, amrut and jackfruit. For fruit bearing trees, compensation is calculated on the basis of annual produce value for the next 15 years and according to the local assessment, the maximum average annual produce value of these trees are Rs. 500. Therefore, the cost of fruit bearing trees for next 15 years is estimated at Rs. 7,500. Among non-fruit bearing/timber trees, some common species enumerated in the survey includes sisam, kamhar, babul, nim and pippal. For timber trees, compensation is calculated on the basis of market rate at Rs. 5,000 for a fully grownup tree.

10.3 Assistance

124. Shifting allowance: Shifting allowance will be provided to all the affected households losing structures and tenants. The unit cost has been derived on a lump sum basis of Rs. 10000/- as required by NPRR 2007.

125. Rental Assistance: Rental assistance to titleholder (structures) and tenants in structures will be provided in the form of grants to cover maximum three months rentals at Rs. 1,000 per month.

126. Rehabilitation Assistance to DPs Losing Business Establishment: Title holders losing their business establishment due to displacement will be provided with a lump sum transitional allowance of Rs. 9,000. This rate has been fixed based on the estimates of average income for a period of three months.

127. Training Assistance to Agricultural Titleholders: Training Assistance will be provided for income generating vocational training and skill up-gradation options as per DPs choice at the rate of Rs. 4,000 per affected household to those households loosing their primary source of income.

128. Rehabilitation Assistance to Employees in Structure: Wage earning employees indirectly affected due to displacement of commercial structure will be provided assistance as per the prevailing local wage rate for 3 months i.e. at Rs. 100 for 90 days.

139. Rehabilitation Assistance to Agricultural Labourers/Sharecroppers: Agricultural Labourers/ Sharecroppers will be provided with assistance as per the prevailing local wage rate for 200 days at Rs. 100 per day.

130. Assistance to Vulnerable Households: One time lump sum assistance of Rs. 10,000 will be paid to each vulnerable households. (This will be paid above and over the other assistance(s) as per the entitlement matrix).

10.4 Compensation for Community and Government Property

131. Government Land: No cost estimate for government land to be acquired for the subproject are made as these land will to transferred from other departments to the EA.

132. Religious and Community land: The unit cost for religious and community land is calculated BLARRP-2007.

10.5 RP Implementation and Support Cost

133. The unit cost for hiring of the implementing NGO has been calculated on a lump sum basis for Rs. 30,00000. This is based on the similar earlier project experiences and informal consultation and feedback received from the local staff and keeping in consideration one year duration of NGO’s involvement. Costs will be updated during implementation. A 10% contingency has been added in order to adjust any escalation. For grievance redress process a lump sum of Rs. 500,000 is provided and cost of other RP implementation and administrative activities will be a part of existing departmental expenditure. The separate fund of Rs. 10,00000/- for grievance redressal and consultation for this Project is made based on intensity of impacts. In 53

addition the process will involve interdepartmental arrangements and include participation by representatives of APs, particularly of vulnerable DPs, local government representatives, representative of local NGOs and other interest groups besides PIU and implementing NGO.

10.6 Source of Funding and Fund Flow Management

134. The cost related to land acquisition and resettlement cost will be borne by the EA. The EA will ensure allocation of funds and availability of resources for smooth implementation of the subproject R&R activities. The EA will, in advance, initiate the process and will try to keep the approval for the R&R budget in the fiscal budget through the ministry of finance. In the case of assistance and other rehabilitation measures, the EA will directly pay the money or any other assistance as stated in the RP to DPs. The implementing NGO will be involved in facilitating the disbursement process and rehabilitation program.

10.7 R&R Budget

135. The total R&R budget for the proposed subproject RP works out to Rs. 1921.5 million. A detailed indicative R&R cost is given in Table 10.1.

Table 10.1: R&R Budget

Sl. No. Item Unit Rate Amount A Compensationfor Land in Acre in Rupees

1 Compensation for Private Land 1214.97 As per BLLARP 1580365721 2 Compensation for Religious Land 1.67 As per BLLARP 11581382

3 Compensation for Community Land 0.88 As per BLLARP 8447845 Subtotal A 1600394948

B Compensation for Structure in Sq. mtr. Rupees Compensation for Permanent 1 Structure 15756 3500 55146000 Compensation for Semi-Permanent 2 Structure 6433 2500 16082500 Compensation for Temporary 3 Structure 1713 1500 2569500 Subtotal B 73798000 C Compensation for Private Trees Number Rupees 1 Compensation for Fruit Bearing Trees 708 7500 5310000 Compensation for Non-Fruit Bearing 2 Trees 2421 5000 12105000 Subtotal C 17415000 D Assistance Number Shifting Assistance to Titleholder 1 (Structures) 211 Rs. 10000 2110000 54

Rental Assistance to Titleholder 2 (Structures) 193 3 months X Rs. 1000 579000 3 Shifting Assistance to Kiosk 28 Rs. 10,000 280000 Rental Assistance to Tenants in 4 Structures 2 3 months X Rs. 1000 6000 Shifting Assistance to Tenatnts in 5 Structures 2 Rs. 10000 20000 Rehabilitation Assistance to APs 6 Losing Business Establishment 23 Lumsum Rs. 9000 207000 Training Assistance to Agricultural 7 Titleholders 5363 Rs. 4000 21452000 Rehabilitation Assistance to 8 Employees in Structure 4 90 days X Rs. 100 36000 Rehabilitation Assistance to 9 Agricultural Labourers/Sharecroppers 451 200 days X Rs. 100 9020000 10 Assistance to Vulnerable Households 1551 Lumsum Rs. 10000 15510000 Subtotal D 49220000 E RP Implementation Support Cost Number 1 Hiring of NGO for RP Implementation 1 Lumsum Rs. 3000000 3000000 Grievance Redressal Cost including 2 cost of consultation lump sum Rs. 10,00,000 1000000 3 Training for DPs by NGO 10 Blocks Rs. 200000 per Block 2000000 Subtotal E 6000000 Total (A+B+C+D+E) 1746827948 Contingency (10%) 174682795 GRAND TOTAL 1921510743 55

CHAPTER 11: GRIEVANCE REDRESS MECHANISMS

11.1 General

136. In the subproject RP implementation there is a need for an efficient grievance redressal mechanism that will assist the DPs 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.

11.2 Grievance Redress Mechanism

137. The EA will establish a mechanism to receive and facilitate the resolution of displaced persons’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism will address affected persons’ concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the displaced persons at no costs and without retribution.

11.3 Constitution and Function of the GRC

138. 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 APs, during the entire life of the subproject including the defects liability periods. 139. The GRC will be headed by the District Collector (DC) or his designated representative. The GRC will have representative from the PIU office, representatives of APs, particularly of vulnerable DPs, local government representatives, representative of local NGOs and other interest groups. The GRC will meet at least once in each 15 days. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, and other assistance. .At least one member from each Panchayat will be a woman. The Committee will co-opt a member from each of the affected Panchayat institution when dealing with matters coming from a particular panchayats. Some of the specific functions of the GRC will be as following: . To provide support for the DPs on problems arising out of land/property acquisition like award of compensation and value of assets; . To record the grievances of the APs, categorize and prioritize the grievances that needs to be resolved by the Committee and solve them within a month; . To inform PIU/PMU of serious cases within an appropriate time frame; and . To report to the aggrieved parties about the development regarding their grievance and decision of PIU/PMU.

11.4 Operational Mechanisms of GRC

140. It is proposed that GRC will meet regularly (at least twice in a month) on a pre-fixed date. The committee will look into the grievances of the people and will assign the 56

responsibilities to implement the decisions of the committee. The claims will be reviewed and resolved within 15 days from the date of submission to the committee. All Grievance will be routed through the NGO to the GRC. Through public consultations, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC .The NGO will act as an in-built grievance redress body. The APs, who would not be satisfied with the decision of the GRC, will have the right to take the grievance to the PMU Head Office for its redress. Failing the redressal of grievance at PMU, the APs may take the case to Judiciary. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the level of GRC.

CHAPTER 12: INSTITUTIONAL ARRANGEMENTS

12.1 Institutional Requirement

141. For implementation of RP there will be a set of institutions involve at various levels and stages of the project. For successful implementation of the RP the proposed institutional arrangement with their role and responsibility has been outlined in this section. The primary institutions, who will be involved in this implementation process, are the following:

. Bihar State Road Development Corporation (BSRDC), Government of Bihar . Project Management Unit (PMU) . Project Implementation Unit (PIU) . Non Government Organization (NGO)

12.2 Executing Agency

142. 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.

12.3 Project Management Unit (PMU)

143. For resettlement activities, PMU will do the overall coordination, planning, implementation, and financing. The PMU will create a Resettlement Cell (RC) within itself with appointment of a Resettlement Officer (RO) at the rank of Executive Engineer (EE) and required support staff for the duration of the Project to ensure timely and effective planning and implementation of resettlement activities. The candidate to be appointed as RO is desired to have similar earlier experience in resettlement and social development planning and implementation. The RO will be assisted by the respective PIU and staff, NGO, for planning and implementation of resettlement activities in the project. Some of the specific functions of the PMU in regards to resettlement management will include:

. Overall responsibility of implementation and monitoring of R&R activities in the Project; . Ensure availability of budget for R&R activities; . Liaison lined agencies support for land acquisition and implementation of R&R; . Selection and appointment of the NGOs. . Coordinating with line Departments, PIU, implementing NGO and Construction Supervision Consultant (CSC)

12.4 Project Implementation Unit (PIU)

144. Project Implementation Unit (PIU) will be established at subproject level for the implementation of sub-projects. The PIU, will appoint/ designate an Assistant Resettlement Officer (ARO) in the rank of Assistant Engineer (AE) who will either be deputed to the PIU or engaged on contractual basis having adequate land acquisition implementation/resettlement 58

experience. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the supervision consultant for implementation of the RP. The PIU will maintain all databases, work closely with APs and other stakeholders and monitor the day today resettlement activities. Some of the specific tasks to be performed by PIU include:

. To coordinate with district administration for land acquisition; . Translation of RP in local language; . Liaison with district administration for dovetailing government’s income generating and developmental programs for the DPs; . Ensure the inclusion of those DPs who may have not been covered during the census survey; . facilitate the opening of accounts in local banks to transfer assistance to DPs, and organize the disbursement of cheque for assistance in the affected area in public; . Monitor physical and financial progress on land acquisition and R&R activities; . Participate in regular meetings in GRC; and . Organize monthly meetings with the NGO to review the progress on R&R.

12.5 Nongovernment Organization (NGO)

145. Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R&R of the DPs. To overcome this deficiency, experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist AP in income restoration by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Taking into account the significant role of the NGO in RP implementation, it is extremely important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. The Terms of Reference for the NGO is appended as Appendix 2.

146. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in Table: 12.1.

Table 12.1: Agencies Responsible for Resettlement Implementation

Activity Agency Responsible Establishment of Resettlement Units in PMU and PMU appointment of Resettlement officer (RO) Organizing resettlement training workshop PMU Social Assessment and Preparation of land acquisition plan, PMU through Design Resettlement Plan (RP) Consultant Hiring of (Non Government Organization) NGOs PMU Public consultation and disclosure of RP PIU/ Design Consultant/NGO Coordination with district administration for land acquisition PIU/ Design Consultant Declaration of cut-off date PMU/PIU Review and obtaining of approval of resettlement plan form PMU ADB Submission of land acquisition proposals to District PIU Commissioner Compensation award and payment of compensation District Collector (DC) 59

Activity Agency Responsible Payment of replacement cost and allowance PIU Taking possession of acquired land and structures PIU from DC Handing over the acquired land to contractors for PIU construction Notify the date of commencement of construction to APs PIU/NGO Assistance in relocation, particularly for vulnerable groups PIU/ NGO Monitoring of RP Implementation PIU/NGO Monitoring by External Expert External Monitoring Expert

An organogram for the institutional arrangement is presented below in Figure 12.1.

Figure 12.1 Organogram for the Institutional Arrangement

EA/BSRDC

PMU Resettlement Officer

Supervision Consultant PIU Resettlement Specialist Assistant Resettlement Officer

Design Consultant Resettlement Specialist NGO

12.6 Capacity Building on RP in the EA

147. Close consultations were held with all the concerned departments to have an initial level of capacity assessment and capacity building exercise in the relevant agencies during the preparation of this RP. The BSRDC has already established a PMU with designated officials dealing with the land acquisition and resettlement for other projects. These officers have been working closely with the consultant team for the preparation of RP. The designated officials from BSRDC were also actively participated during the preparation of LA Plan and census survey. Capacity building training was also initiated through a series of consultations and informal orientation sessions in the local administration level especially in the local revenue offices. The concerned district collectors were also informed about the project and the local revenue officials were consulted for collection of relevant land data and land holders’ details. During, the preparation of RP and especially, during the land acquisition and resettlement survey, concerned officials were informed about their role during the implementation of RP particularly during the disbursement of compensation, assistance and relocation etc.

148. To allow an effective execution of all RP related tasks some expansion of the capacity 60

on RP currently available at EA/PMU/PIU may be needed. As soon as the project will become effective BSRDC will carry out a capacity need assessment and will define the capacity building activities and if needed the additional experts required. All concerned staff both at PMU, PIU level involved in land acquisition and resettlement activities will undergo an orientation and training in ADB resettlement policy and management. Broadly, the training will cover various topics such as (i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation & assistance disbursement mechanisms; Grievance redress; and (iv) Monitoring of resettlement operations. These will be covered through a formal workshop by the consultant under the ongoing technical assistance program. In addition the R&R expert under Construction Supervision Consultant can also impart training to the PMU/PIU staff during the project implementation if required. The specific components under the training will cover the following:

. Understanding of the ADB Policy Guidelines and requirements and differences between country policy and laws . Understanding of the policy and procedure adopted for the Project . Understanding of the Implementation Schedule activities step-by-step . Understanding of the Monitoring and reporting mechanism . Understanding of the economic rehabilitation measures 61

CHAPTER 13: IMPLEMENTATION SCHEDULE

13.1 Introduction

149. 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, 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.

13.2 Schedule for Project Implementation

150. The proposed subproject R&R activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases-Project Preparation phase, RP Implementation phase, Monitoring and Reporting period are discussed in the following paragraphs.

13.2.1 Project Preparation Phase

151. The major activities to be performed in this period include establishment of PMU and PIU at project and subproject level respectively; submission of RP for ADB approval; appointment of NGO and establishment of GRC etc. The information campaign and community consultation will be a process initiated from this stage and will go on till the end of the project.

13.2.2 RP Implementation Phase

152. After the project preparation phase the next stage is implementation of RP which includes issues like compensation of award by EA; payment of all eligible assistance; relocation of DPs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally starting civil work.

13.2.3 Monitoring and Reporting Period

153. As mentioned earlier the monitoring will be the responsibility of PMU, PIU and implementing NGO and will start early during the project when implementation of RP starts and will continue till the complementation of the subproject. Keeping in view the significant involuntary resettlement impacts, an external monitoring and reporting expert will be hired for the subproject.

13.3 R&R Implementation Schedule

154. A composite implementation schedule for R&R activities in the subproject including various sub tasks and time line matching with civil work schedule is prepared and presented in the form of Table: 13.1. As per the project progress the detailed design is ready with Land Acquisition Plan (LAP) and the EA will be initiating the land acquisition process by April-May 62

2011. However, the sequence may change or delays may occur due to circumstances beyond the control of the Project and accordingly the time can be adjusted for the implementation of the plan. The implementation schedule can also be structured through package wise. The entire stretch can be divided in to various contract packages and the completion of resettlement implementation for each contract package shall be the pre condition to start of the civil work at that particular contract package.

Table: 13.1 R&R Implementation Schedule

Progress (Year/Quarter) Activity 2011 2012 2013 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q4 Project Preparation Stage Screen sub-project impact Public Consultation on alignment Prepare Land Acquisition Plan Carry out Census Survey Prepare Resettlement Plan (RP) RP Implementation Stage Hiring of NGOs for RP

Implementation Obtaining approval of RP from ADB Disclosure of RP Public consultation Coordination with district authority

for LA Submission of LA proposals to DC Declaration of cut-off date (LA

Notification) Payment of compensation Taking possession of acquired land Handing over the acquired land to

contractor Notify the date of start of

construction to DPs Rehabilitation of DPs Monitoring and Reporting Period Monitoring and reporting by PIU Hiring Construction Supervision

Consultant Monitoring and reporting by

External Expert

CHAPTER 14: MONITORING AND REPORTING

14.1 Need for Monitoring and Reporting

155. Monitoring and reporting are critical activities in involuntary resettlement management in order to ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going. In other words, monitoring apparatus is crucial mechanism for measuring project performance and fulfillment of the project objectives.

14.2 Monitoring in the Project

156. RP implementation for the subproject will be closely monitored by the EA through NGO and will be at the helm of all activities related to the RP implementation. Keeping in view the significance of resettlement impacts, the monitoring mechanism for this project will have both monitoring by PIU and monitoring by an external expert.

14.2.1 Monitoring by PIU

157. One of the main roles of PIU will be to see proper and timely implementation of all activities in RP. Monitoring will be a regular activity for PIU and Resettlement Officer at this level will see the timely implementation of R&R activities. Monitoring will be carried out by the PIU and its agents, such as NGOs and will prepare monthly reports on the progress of RP Implementation. PIU will collect information from the project site and assimilate in the form of monthly report to assess the progress and results of RP implementation and adjust work program where necessary, in case of delays or any implementation problems as identified. This monitoring will form parts of regular activity and reporting on this will be extremely important in order to undertake mid-way corrective steps. The monitoring by PIU will include:

(i) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual DP database maintenance, and progress reports; (ii) socio-economic monitoring: case studies, using baseline information for comparing DP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and (iii) impact monitoring: Income standards restored/improved, and socioeconomic conditions of the affected persons. Monitoring reports documenting progress on resettlement implementation and RP completion reports will be provided by the PIU to PMU for review and approval from ADB.

14.2.2 Monitoring by External Expert

158. The monitoring of RP will be undertaken by an external R&R expert to be hired under by EA in agreement with ADB. The main objective of this monitoring is to supervise overall monitoring of the subproject and submit a biannual report 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. The external monitoring consultant will be selected within three months of loan approval and the monitoring 64

will be carried out intermittently during the RP implementation. The key tasks during external monitoring will include:

. Review and verify the monitoring reports prepared by PIU; . Review of socio-economic baseline census information of pre-displaced persons; . Identification and selection of impact indicators; . Impact assessment through formal and informal surveys with the displaced persons; . Consultation with APs, officials, community leaders for preparing review report; . Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning.

159. The following should be considered as the basis for indicators in monitoring of the project:

a) socio-economic conditions of the DPs in the post-resettlement period; b) communication and reactions from DPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; c) changes in housing and income levels; d) rehabilitation of informal settlers; e) valuation of property; f) grievance procedures; g) disbursement of compensation; and h) level of satisfaction of DPs in the post resettlement period.

14.3 Stages of Monitoring

160. Considering the importance of the various stage of project cycle, the EA will handle the monitoring at each stage as stated below:

14.3.1 Preparatory Stage

161. During the pre-relocation phase of resettlement operation, monitoring is concerned with administrative issues such as, establishment of resettlement unit, budget, land acquisition, consultation with APs in the preparation of resettlement plan, payments of entitlement due, grievance redressal, and so on. The key issue for monitoring will be:

. Conduct of baseline survey . Consultations . Identification of AP and the numbers . Identification of different categories of DPs and their entitlements . Collection of gender disaggregated data . Inventory and losses survey . Asset inventory . Entitlements . Valuation of different assets . Budgeting . Information dissemination . Institutional arrangements . Implementation schedule review, budgets and line items expenditure

14.3.2 Relocation Stage

162. Monitoring during the relocation phase covers such issues as site selection in consultation with APs, development of relocation sites, assistance to DPs (especially to vulnerable groups) in physically moving to the new site. Likewise aspects such as adjustment of DPs in the new surroundings, attitude of the host population towards the new comers and development of community life are also considered at this stage. The key issue for monitoring will be:

. Payment of compensation . Delivery of entitlement . Grievance handling . Preparation of resettlement site, including civic amenities (water, sanitation, drainage, paved streets, electricity) . Consultations . Relocation . Payment of compensation . Livelihood restoration assistance and measures

14.3.3 Rehabilitation Stage

163. Once DPs have settled down at the new sites, the focus of monitoring will shift to issues of economic recovery programs including income restoration measures, acceptance of these schemes by DPs, impact of income restoration measures on living standards, and the sustainability of the new livelihood patterns. The key issue for monitoring will be:

. Initiation of income generation activities . Provision of basic civic amenities and essential facilities in the relocated area . Consultations . Assistance to enhance livelihood and quality of life

14.4 Monitoring Indicators

164. The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The RP contains indicators and benchmarks for achievement of the objectives under the resettlement program. These indicators and benchmarks are of three kinds:

. Process indicators including project inputs, expenditures, staff deployment, etc. . Output indicators indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc and . Impact indicators related to the longer-term effect of the project on people's lives.

165. Input and output indicators related to physical progress of the work will include items as following:

. training of PIU staff completed . Public meetings held . Census, assets inventories, assessments and socio-economic studies completed . NGO recruited and trained . Meetings of GRC 66

. Grievance redress procedures in-place and functioning . Compensation payments disbursed . Relocation of DPs completed . Employment provided to DPs . Training of DPs initiated . Income restoration activities initiated . Number of families physically displaced and resettled . Monitoring reports submitted

14.5 Reporting Requirements

166. PIU responsible for supervision and implementation of the RP will prepare monthly progress reports on resettlement activities and submit to PMU. PMU will submit quarterly reports to ADB.

167. The external monitoring expert responsible for monitoring of the RP implementation will submit a biannual review report to EA and ADB 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.

168. All the resettlement monitoring reports will be disclosed to APs as per procedure followed for disclosure of resettlement documents by the EA. The monitoring reports will also be disclosed on ADB website.

Appendix 1

Census Survey Questionnaire

A. Subproject Road Name: ...... B. Questionnaire No: …….…………. C. Name of the Village: ……..…………………… D. Name of Block: …………….…………. E. District: ………………………. F. Thana No: ……………..G. Plot No...... H. Km/Chainage. ………………..…. 1. Ownership of the Land

1. Private 2. Government 3. Religious 4. Community 5. Others 2. Type of Land

1. Irrigated 2. Non-Irrigated 3. Barren 4. Forest 5. Other………….. 3. Use of Land

1.Cultivation 2. Orchard 3. Residential 4. Commercial 5. Forestation 6. No Use/ Barren 7. Other (specify) …………………..…..

4. Affected area of the Land/Plot (in Acre): ……………...... 5. Total Area of the affected Land/Plot (in Acre): ……………...... 6. Total Land Holding of the Affected Person (in Acre) 1. Irrigated: …………………...... 2. Non-irrigated: …………………...... 3. Other: ………………………...…….. 4. Total: ...... 7. Status of Ownership

1. Titleholder 2. Customary Right 3. License from Local Authority 4. Encroacher 5. Squatter 6. Other (specify): ………………………………… 8. Type of Private Ownership 1. Individual/Single 2. Joint/Shareholders 3. Other (specify): ………… 9. Name of the Owner/Occupier (s): ………………………...... 10. Father’s Name: ...... 11. Rate of the Land (Per Acre) 1. Market Rate: ...... 2. Revenue Rate: ...... 12. Any of the following people associated with the Land

A. Agricultural Laborer 1. Yes 2. No Name (i)………………………………………… (ii) …………..……………………………..

B. Tenant/Lessee 1. Yes 2. No Name (i)………………………………………… (ii) …………..…………………………….. C. Sharecropper 1. Yes 2. No Name (i)………………………………………… (ii) …………..……………………………..

13. Any structure in the Affected Land 1. Yes...... 2. No...... 14. Distance of the main structure from center line of the road (in mtr.)……………..……… 15. Distance of boundary wall (if any) from center line of the road (in mtr.)……………….… 16. Area of the affected structure excluding boundary wall (in Square Meter) a) Length ...... …... b) Width ...... …...... c) Height …….…………… 17. Area of the boundary wall only (in Meter): a) Length ...... b) Height …….……… 18. Area of the total structure excluding boundary wall (in Square Meter) a) Length ...... …... b) Width ...... …...... c) Height ………………… 19. Scale of Impact on structure a) 25% b) 50% c) 75% d) 100% 20. Type of Construction of the Structure

1. Temporary (buildings with mud/brick/wood made walls, thatched/tin roof) 2. Semi-Permanent (buildings, with tiled roof and normal cement floor) 3. Permanent (with RCC, Single/ Double storey building) 21. Type of Construction of the Boundary Wall (use code from Question: 20) 22. Age of the Structure (in years): …………………………. 23. Market Value of the Structure (in Rs.): …………………...... 24. Use of the Structure (select appropriate code from below) A. Residential Category 1. House 2. Hut 3. Other (specify)…………………………….……….. B. Commercial Category 4. Shops 5. Hotel 6. Small Eatery 7. Kiosk 8. Farm House 9. Petrol Pump 10. Clinic 11. STD Booth 12. Workshop 13. Vendors 14. Com. Complex 15. Industry 16. Other (specify)…………………………….…….. C. Mixed Category 18. Residential-cum-Commercial Structure D. Community Type 19. Comm. Center 20. Club 21. Trust 22. Memorials 23 Other (specify)…………………………….…….. E. Religious Structure 24. Temple 25. Church 26. Mosque 27. Gurudwara 28. Shrines 29. Sacred Grove 30. Other (specify)…………………………….……. F. Government Structure 31. Government Office 32. Hospital 33. School 34. College 35. Bus Stop 36. Other (specify)…………………………….……. G. Other Structure 37. Boundary Wall 38. Foundation 39. Cattle Shed 40. Other (specify)…………………………….……. 25. Type of Business/Profession by Head of Household: ………………………………… 26. Status of the Structure 1. Legal Titleholder 2. Customary Right 3. License from Local Authority 69

4. Encroacher 5. Squatter 27. Any of the following people associated with the Structure? A. Tenant in the structure 1. Yes 2. No Name (i) ……………………………………. (ii) …………………..………………….….. (iii) …………………………………… (iv) …………….…………………….……..

B. Employee/ wage earner in commercial structure 1. Yes 2. No Name (i) ……………………………………. (ii) …………………..…………….……….. (iii) …………………………………… (iv) …………….………………….……….. C. Employee/ wage earner in residential structure 1. Yes 2. No Name (i) ……………………………………. (ii) …………………..…………….……….. (iii) …………………………………… (iv) …………….………………………….. 28. Number of trees within the affected area 1. Fruit Bearing………….…2. Non-fruit Bearing…….………3. Total……..………… 29. Social Category of AP

1. SC 2. ST 3. OBC 4. General 5. Others (specify)…………………

30. Religious Category 1. Hindu 2. Muslim 3. Christian 4. Buddhist 5. Jain 6. Other (specify)……… 31. Number of family members Male……… Female………. Total…………. 32. Number of family members with following criteria 1. Unmarried Son > 30 years…………2. Unmarried Daughter/Sister > 30 years……….. 3. Divorcee/Widow………….4. Physically/Mentally Challenged Person ………… 5. Minor Orphan……………. 33. Vulnerability Status of the Household: A. Is it a woman headed household? 1. Yes 2. No B. Is it headed by physically/mentally challenged person? 1. Yes 2. No

C. Is it a household Below Poverty Line (BPL) 1. Yes 2. No 34. Annual income of the family Rs…………………. 35. If displaced, do you have additional land to shift? 1. Yes 2. No 36. Resettlement/ Relocation Option 1. Self Relocation 2. Project Assisted Relocation 37. Compensation Option for Land loser 1. Land for land loss 2. Cash for Land loss 38. Compensation Options for Structure loser

1. Structure for structure loss 2. Cash for Structure loss 39. Income Restoration Assistance (fill codes in preferred order)

1. Employment Opportunities in Construction work 2. Assistance/ Loan from other ongoing development scheme 3. Vocational Training 4. Others (specify ...... ) 40. Details of Family Members: (fill appropriate code) Sl. Marital Name of the Family Member Age Sex Education Occupation No Status (in 1. Male 1. Married 1.Illiterate 1. Service years) 2. Female 2. 2.Literate 2. Business Unmarried 3. Widow 3. Up to 3. Agriculture middle 4.Widower 4. Below 4. Study metric 5. Others 5. Metric 5. Housewife 6. Graduate 6. Labour 7. Above 7. Unemployed 8. Professional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

(Signature of the Supervisor) Date: ...... (Signature of the investigator)

Appendix 2

Terms of References (TOR) for the NGO to Implement the Resettlement Plan (RP) for SH-78 (Bihita - Sarmera) Subproject under Bihar State Highways II Project

1. Project Background

1. The Asian Development Bank (ADB) has agreed with national and state government of Bihar to fund the Bihar State Highways II Project (BSHP) which will include upgradation and strengthening of various state highways in Bihar. SH-78 (Bihita - Sarmera) subproject is one among several other subprojects under the BSHP.

2. The sub-project road section (SH-78) is located in the state of Bihar. It has been distinctively divided into 2 segments separated by NH 30A. The first segment i.e. Bihta – Daniyawan section falls in Patna District and the other section i.e. Chandi - Sarmera is under Nalanda District. The first segment takes off at Bihta with Junction of NH-30 and ends at Daniawan with junction of NH-30A totalling 52.3 km. The other section also starts from NH30A about 20km away from the end point of the first section and terminates at Sarmera, the junction with NH-82 traversing a distance of 48. km. Thus, the total length of the sub-project section is 100.314 km.

3. All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse impacts on people settled along the road. Based on the State Resettlement and Rehabilitation (R&R) Policy, GOI norms and ADB R&R policies, Bihar State Roads Development Corporation (BSRDC), Government of Bihar has prepared Resettlement Plans (RPs) to deal with involuntary resettlement involve in the entire Project. All RPs have been prepared based on census and baseline socio-economic surveys conducted in the fields.

4. To assist in the implementation of the RP for SH-78 (Bihita - Sarmera), BSRDC now invites the services of eligible NGO.

2. Objectives of the Assignment

5. The NGO shall be responsible for the following, according to the Resettlement Plan:

Educating the DPs on their rights to entitlements and obligations. To ensure that the DPs are given the full entitlements due to them, according to the entitlements in the RP. To provide support and information to DPs for income restoration. Assist the DPs in relocation and rehabilitation, including counseling, and coordination with local authorities. Assist the DPs in redressing their grievances (through the grievance redress committee set up by the subproject) Impart information to all the DPs about the functional aspects of the various set up by the project, and assist them in benefiting from such institutional mechanisms. 72

To assist the Project Management Unit (PMU) and Project Implementation Unit (PIU) with social responsibilities of the subproject, such as compliance with labour laws, prohibition of child labour, and gender issues. To conduct awareness program for HIV/AIDs, Human Trafficking. To collect data and submit progress reports on a monthly and quarterly basis for BSRDC to monitor the progress of RP implementation. 3. Scope of Work

6. The NGO shall play the role of a secondary stakeholder in implementation of the RP and in mitigating adverse effects of the project. The NGO shall be responsible for the development of a comprehensive livelihood restoration system to facilitate the DPs to take advantage of the options available (as per the RP).

3.1 Administrative Responsibilities of the NGO

7. The administrative responsibilities of the NGO will include: Working in coordination with the Project Resettlement Officer (RO) in the PMU and Resettlement Officer in the PIU; Assist the RO in carrying out the implementation of the RP; To coordinate with the GRCs in implementing the RP; Assist the RO in conducting all public meetings, information campaigns at the commencement of the project and give full information to the affected community; Translate the summary RP in local language to implement actions for mitigating adverse impacts on the DPs; To assist the PIU/Engineers (Construction Supervision Consultants) to ensure that the Contracts comply with the applicable labour laws (including prohibition of child labour) and gender issues; To assist the PIU and /or the Engineers in ensuring compliance with the safety, health and hygiene norms, and the conduct HIV/AIDS and Human Trafficking awareness/prevention campaigns. Report to the RO on a monthly and quarterly basis. The report should include physical and financial progress, both in quantitative and qualitative terms. The report should prominently feature the problems and issues addressed and tackled with the DPs and the solutions found. The report should have a separate chapter on women's issues, their problems and what has been done (within the framework of the RP) to ensure their participation in decision-making as well as the options made available to them to access economic opportunities, marketing and credit. The report should clearly indicate the number of field visits made by the NGO staff and the outcome of consultations with people. Data base management of the DPs. The displaced persons will be assisted in the Income Generation Scheme training through the NGO i.e. the provision made for training will be best utilised through the active support and involvement of the NGO.

3.2 Responsibilities for Implementation of the RP

3.2.1 Identification DPs and Verification of Database from RP

NGO shall verify the information already contained in the RP and the individual losses of the DPs. They should validate the data provided in the RP and make suitable changes if required. The NGO shall establish rapport with DPs, consult and provide information to them about the respective entitlements as proposed under the RP, and distribute entitlement cum Identity Cards to the eligible DPs. The identity card should include a photograph of the DP, the extent of loss suffered due to the project, and the choice of the DP with regard to the mode of compensation and assistance. The NGO shall develop rapport between the DPs and the Project Authority, particularly the RO. This will be achieved through regular meetings with both the RO and the DPs. Meetings with the RO will be held at least fortnightly, and meetings with the DPs will be held monthly, during the entire duration of the assignment. All meetings and decisions taken shall be documented by the NGO. Prepare monthly action plans with targets in consultation with the RO. The NGO shall prepare a list of the project-displaced persons/families for relocation, enlisting the losses and the entitlements, after verification. It shall also prepare a list of the displaced persons (DPs) enlisting the losses and the entitlement as per the RP, after verification. Verification shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RO. The NGO shall display the list of eligible DPs in prominent public places like villages, Panchayat Offices, Block/Tehsil headquarters, and the District Headquarters. During the identification and verification of the eligible DPs, the NGO shall ensure that each of the DPs are contacted and consulted either in groups or individually. The NGO shall specially ensure consultation with women from the DP families especially women headed households. Participatory methods should be adopted in assessing the needs of the DPs, especially with regard to the vulnerable groups of DPs. The methods of contact may include village level meetings, gender participation through group’s interactions, and Individual meetings and interactions. While finalizing the entitled persons (EPs) for compensation/assistance the NGO shall make a list of entitled DPs, and distribute Identity Cards to each and every verified eligible DP.

3.2.2 Counselling the Entitled Persons

8. The counseling shall include the following activities: The NGO shall explain to the DPs the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements. The NGO shall disseminate information to the DPs on the possible consequences of the project on the communities' livelihood systems and the options available, so that they do not remain ignorant. 74

The NGO shall prepare micro-level plans for income restoration, in consultation with the DPs. Women's perceptions are important to be incorporated in the development of these plans. NGO will monitor the involvement of child labour in the civil construction work in each package.

In all of these, the NGO shall consider women as a special focus group, and deal with them with care and sympathy.

3.2.3 Disbursing the Assistance

Prepare micro plans indicating category of entitlement. Prepare micro plans for livelihood indicating alternative livelihood options, land identification, skills up grading and institutions responsible for training for eligible DPs. The NGO shall assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. In close consultation with the DPs, the NGO shall inform the RO about the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. The NGO shall assist the DPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to. The NGO shall ensure proper utilisation of the R&R budget available for each of the packages. The NGO shall ensure that the DPs have found economic investment options and are able to restore the losses of land and other productive assets. The NGO shall identify means and advise the RO to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the BSRDC on the level of transparency achieved in the project.

3.2.4 Accompanying and Representing the EPs at the Grievance Committee Meetings

The NGO shall nominate a suitable person (from the staff of the NGO) to be a member of the GRCs for the respective contract packages. The NGO shall make the DPs aware of the grievance redress committees (GRCs) The NGO shall train the DPs on the procedure to file a grievance application and to confirm that a statement of claim from the concerned DP accompanies each grievance application. The NGO shall help the DPs in filling the grievance application and also in clearing their doubts about the procedure as well as the context of the GRC award. The NGO shall record the grievance and bring it to the notice of the GRCs within seven days of receipt of the grievance from the DPs. It shall submit a draft resolution with respect to the particular grievance of the AP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC. To accompany the DPs to the GRC meeting on the decided date, help the DP to express his/her grievance in a formal manner if requested by the GRC and again inform the DPs of the decisions taken by the GRC within 3 days of receiving a 75

decision from the GRC. (The time frame for the GRC to take a decision is 15 days).

3.2.5 Assisting the EPs and the RO to Identity and Negotiate for New Land for Resettlement

9. As part of the RP, it is proposed that a sizable number among the eligible DPs will receive alternative land (commercial) building structures. Some of the more vulnerable among the DPs will be eligible to receive these free of cost. Regarding these the NGO shall,

Obtain the DPs choice in terms of Land identification, Site for relocation, Shifting plan and arrangements, Grant utilization plan and Community asset building plan and institutional arrangements in maintaining the assets. Assist squatters whose structures needs to be shifted to the remaining government land for continuation of earning their livelihood before construction of road starts. Assist the DPs/ RO in identifying suitable land for relocation and for agriculture, ensuring the replacement of the land lost in terms of quality and quantity. Identify suitable government land in consultation with the Revenue Department officials and assist in negotiating its transfer to the DPs/ RO at reasonable prices and motivate them to appreciate and welcome the new neighbours.

3.2.6 Assisting Eligible DPs to take advantage of the existing Government Housing and Employment Schemes

10. With regard to the above, the NGO shall, Coordinate (and impart wherever required) the training and capacity building of the DPs, for upgrading their skills for income restoration. This will include the training to be given by the NGO to women self-help-group members in accounting, record maintenance, skill acquisition in the chosen enterprise, and marketing, etc. Help the DPs in realizing and optimising the indigenous technology knowledge (ITK) through use of local resources. Define, evolve, and explore alternative methods of livelihood using the local skill and resources. Contact financial institutions like NABARD, DIC, and the Lead Bank of the area in accessing the credit required by the individual as well as groups of DPs and the women's groups from the DPs. The NGO shall maintain a detailed record of such facilitation, and plan for each DP to repay the loan. Establish linkages with the district administration to ensure that the DPs are benefited from the schemes available and those they are entitled to. The focus for this component of the NGO work shall be the vulnerable DPs for their income restoration. The NGO shall maintain a detailed record of such facilitation.

3.2.7 Inter-Agency Linkages for Income Restoration and other R&R Services

11. The NGO shall be responsible for establishing linkages with, Financial institutions to assist the DPs to access credit. Government departments, district administration, etc., to ensure that the DPs are included in the development schemes, as applicable; 76

Training institutes to impart skills and management training for enterprise creation and development. NGO shall conduct training programmes for income restoration for DPs. NGO should prepare an income restoration plan.

3.2.8 Carry out Public Consultation

12. In addition to counseling and providing information to DPs, the NGO will carry out periodic consultation with DPs and other stakeholders in terms of public meetings, workshops etc. This continuous process of consultation will help in flag out the relevant issues related to the project implementation and provide solutions to the manifold issues arised during the project execution and RP implementation.

3.2.9 Assisting the Supervision Consultant with the Project’s Social Responsibilities

13. The NGO shall assist the Engineers (Supervision Consultants) to ensure that the Contractors are abiding by the various provisions of the applicable laws, concerning the worker's safety, health and hygiene; women's issues and the child labour issues. The applicable laws include (A) the maternity benefit Act, 1951; (B) the contract labour (Regulation and Abolition) Act, 1948; (C) the Minimum Wagers act, 1948. (D) The Equal Remuneration Act, 1979. (E) the industrial Employment (Standing Order) Act, 1946; (F) the Child Labour (Prohibition and Regulation ) Act, 1986; (G) the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996; (H) the cess Act of 1996 and (I) the Factories Act, 1948. any divergence from the (workers welfare and remuneration, safety, health, hygiene, women's issues, and child labour issues) provisions of these laws should be brought to the notice of the supervision consultant and the RO.

14. According to these laws, there are specifications regarding the facilities/requirements at the construction camp/site, including basic health care facilities, Mother and Child Welfare units and facilities for vaccinations, day crèche facilities, etc. The NGO shall work in coordination of the Lady Inspector of Works or the Resident engineers of the Contractor, or any other representative of the Contractors, to ensure these facilities are provided in a satisfactory manner, and all social responsibilities of the Contract is implemented satisfactorily.

3.2.10 Assisting the PMU/Supervision Consultant in HIV/AIDS Awareness/Prevention Campaigns

15. Information campaigns/advertisements in collaboration with line agencies (such as NACO, DFID, etc), including provision of signage/hoardings at suitable locations, distribution of vehicle stickers, and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes, etc.). The NGO shall assist the PMU to implement these measures, including collaboration with the line agencies.

16. The contractors are required to provide condom vending machines at the construction camps, provide for medical facilities and regular medical checkups especially for detecting/curing STD/AIDS. The NGO shall ensure, in collaboration with the Engineer that such facilities and medical checkups are provided to the workers at the construction camps.

3.2.11 Monitoring and Reporting

17. The RP includes provision for monitoring by NGO/ RO and quarterly, mid-term, and post-project monitoring and reporting by external agency. The NGO involved in the implementation of the RP will be required to supply all information, documents to the external monitoring consultants. To this end, the NGO shall keep proper documentation of their work and the R&R process involved in the project, and shall be responsible for the upkeep and updating of such documents periodically and regularly. The documentation shall include photographs and videotapes of the pre-intervention and post-intervention scenario of all the properties, structures, and assets affected by the project.

3.2.12 Recommending Improvement of R&R Services

Extend all services recommended by any additional studies to be undertaken by the project, in respect to the R&R services to be provided as part of the project. Recommend and suggest techniques and methods for improvement of services extended by the concerned government departments and other agencies and committees in disbursement/extension of R&R services in the project. Document implementation of the R&R process and services, including difficulties faced and corresponding solutions. Discuss, with the PMU/PIU on contingency management and other improvement of R&R services, within the project period. Documenting of tasks carried out by the NGO and evaluation of the achievements of RP.

3.3 Documentation and Reporting by NGO

18. The NGO selected for the assignments shall be responsible to: Submit an inception report within three weeks; on signing up of the contract including a work plan for the whole contract period, staffing and personnel deployment plan, and a withdrawal plan at the end of the period of contract. The withdrawal plan shall be detailed and reflect how the DPs will maintain the assets created and transferred to the DPs. Prepare monthly progress reports to be submitted to the RO, with weekly progress and work charts as against the scheduled timeframe of RP implementation. Prepare and submit quarterly reports on a regular basis, to be submitted to the RO. Submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to carry out the assignment, and a summary of support/assistance given to the DPs. All other reports/documentation as described in these terms of reference. Record minutes of all meetings.

19. All progress reports shall include data on input and output indicators as required by the RO. Reporting in writing as well as photographs, videotapes etc., taken during the assignment shall be submitted in support of the reports, along with an electronic copy of the documents in a floppy or a CD. All reports should be in English only. Accounts reports both on expenditure on administration as well as training and other heads shall be submitted with the quarterly and the completion reports. 78

20. In addition to these above, the NGO shall prepare and submit separate descriptive reports on participatory micro-plans with full details of the Participatory Rapid Appraisal exercises conducted.

21. The NGO shall document in full detail, the consultation/counseling processes, the process of identification of the resettlement sites, and a full description of the training imparted (on facilitated) as part of the assignment. This documentation shall be submitted to the BSRDC as annual reports.

3.4 Condition of Services

22. The NGO shall ensure that the RP is implemented in an effective and proper manner. The prime responsibility of the NGO shall be to ensure that each and every eligible DP receives appropriate and due entitlement (within the Entitlement Framework) and that, at the end of the project R&R services, the eligible DPs have improved (or at least restored) their previous standard of living. Additionally the NGO shall help the PMU/PIU in all other matters deemed to be required to implement the RP in its spirit and entirely including activities involving some financial implications.

23. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the PMU/PIU. No information gathered or generated during and in carrying out this assignment shall be disclosed by the NGO without explicit permission of the PMU/PIU.

3.5 Timeframe for Services

24. The NGO will be contracted for a period of 12 months from the date of commencement, with a withdrawal methodology built in to the proposals from the NGO.

3.6 Data, Services and Facilities to be provided by the Client

25. The PMU/PIU will provide to the NGO the copies of the SIA report/ DPs' Census, the RP, the strip plan final design report and any other relevant reports/data prepared by the project preparation consultants. The PMU/PIU will assist the NGO in collaborating with the Supervision Consultants. All facilities required in the performance of the assignment, including office space, office stationery, transportation and accommodation for staff of the NGO, etc., shall be arranged by the NGO.

3.7 Payment Schedule:

26. The following payment milestone is proposed for making the payment to the NGO. The payment will be made subject to the submission of a certificate from the PMU/PIU/RO that the targets have been achieved in a satisfactory manner.

Sl. Payment Milestone Payment (% of No. contract Value) 1. On submission of the inception Report complete in all respects 20% 2. On completion of the identification, verification of DPs and 20% initial consultation sessions, and submission of updated data on DPs (Identification and Verification report) and review of the same by the PMU/PIU. 3. On submission and approval of the Micro Plan of DPs 20% 4. On completion of the rehabilitation process and 20% implementation of I.R. Plan 5. On submission of the Final Completion Report 20% Total 100%

27. The above remuneration includes all costs related to carrying out the services, including overhead. The service tax or any other tax component shall be reimbursed/ paid to NGO on production of documents. The insurance cost will be separate of the total project cost; the client shall be billed for this.

3.8 Team for the Assignment

28. The NGO shall assign a team of professionals to the site. The constitution of the team and the qualification for the team members is given below:

Sl. Position No. Of Qualifications No. Positions

1. Team Leader 1 The Team Leader should be a post-graduate in sociology/social work/r, and should have experience of working in civil engineering projects. S/he should have more than 10 years experience in implementation of R&R and rural development works. S/he should have held responsible positions in previous assignments possess participatory management skills and should have good knowledge of the region and the local languages. 2. Key 1 Should be at least a graduate in social science. S/he Professionals should have at least 5 years experience in fieldwork. (A) S/he should have participated in at least one project involving R&R activities, should have participatory knowledge of land measurement, and should be conversant with land valuation methods. Knowledge of local language is a necessary qualification. S/he should have experience in livelihood analysis, developing and implementing vocational training, experience in participatory management. 3. Key 2 Should be at least a graduate in social sciences. S/he Professionals should have about 5 years of working experience of (B) which about 2 years in R&R or rural development projects. Should have sound understanding of the land acquisition process and experience in participatory 80

Sl. Position No. Of Qualifications No. Positions

management. S/he should have experience in livelihood analysis, developing and implementing vocational training, experience in participatory management. Knowledge of local language is a necessary qualification. 4. Technical Adequate Should be graduate or equivalent in social sciences support as per the with field work experiences. Knowledge of local professionals NGO language and experience of working in the region desired. 5. Other support Adequate No minimum qualification Personnel as per the NGO

29. Additionally the following conditions shall apply to the team proposed by the NGO.

The proposal should accompany a personnel deployment schedule, clearly indicating whether the deployment is home-office based or in the field. The NGO must propose at least one woman as part of the key personnel. The person-month deployment of the woman key personnel shall constitute at least 33 % of the person-month deployment of all key professionals (including the team leader) in the assignment. At least two proposed woman key person shall be available to work at site for at least 50% of the duration. The women key persons, if selected for the contract, may be replaced during the period of contract, only with women key persons of equivalent qualifications and experience. 30. The NGO will assign a 'technical support' team to work at the site, which will consist of at least 33 % of women members. Junior support personnel and/or administrative staff will not be considered as 'technical support' professionals, as far as this condition is concerned.

Appendix 3

Findings of the Consultations

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants 1 Date: 21/9/2009 No health centre, bank, secondary The subproject road Satendra Cultivation 38 Male Village: Mirnagar, school and drinking water supply will provide all weather prasad facility in the village road connectivity to the Shivnandan Cultivation 56 Male Block: Sarmera, Only village road is exist with poor nearby facilities singh District: Nalanda condition ,No transportation facility Proper safety Rajesh prasad Pvt service 28 Male for Patna directly measures for new road Perveen Cultivation 18 Male People perceived that subproject are proposed in the kumar road will provide better transport design and care will be Rampadarth Social worker 58 Male facility and save time, money, and taken during singh generate employment construction Vishnudev Retd teacher 72 Male Negative impacts perceived by the Employment to local singh people are loss of agriculture and skilled and unskilled Sunil kumar Cultivation 42 Male few structure labourers will be Sidheshwar Cultivation 53 Male Number of accident and pollution preferred during road prasad will increase construction and Jainarayan Retd. 62 Male Cash compensation for the loss of operation singh land is preferred NGO will be employed Rajendra Cultivation 41 Male Problem in relocation are availability by the project to help in prasad of land relocation Employment in the project work can Compensation of land reduce the livelihood loss will be on replacement Compensation for land should be cost paid on market rate Possible cooperation will be extended during implementation 2 Date: 23/8/2009 No health centre, bank, secondary The subproject road Virendra singh Cultivation 60 Male Village: Barhia, school, post office and drinking will provide all weather Mahendra Cultivation 55 Male water supply facility in the village road connectivity to the singh Block: Sarmera, existing village road in lower level nearby facilities Sadanand Business 50 Male District: Nalanda and in very poor condition and it is Proper safety singh inaccessible during rainy season measures for new road Hemant kumar Service 38 Male People perceived that subproject are proposed in the Ranjan kumar Service 32 Male road will provide better transport design and care will be Santosh Service 24 Male facility and save time, money, and taken during kumar generate employment construction Rambrichh Cultivation 65 Male Negative impacts perceived by the Employment to local singh people are loss of agriculture and skilled and unskilled 82

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants few structure labourers will be Number of accident and pollution preferred during road will increase construction and Cash compensation for the loss of operation land is preferred Compensation for land Perceived no problem in relocation will be on replacement Employment in the project work can cost reduce the livelihood loss Compensation for land should be paid on market rate Possible cooperation will be extended during implementation 3 Date: 23/8/2009 No health centre, bank, secondary The subproject road Surendra Cultivation 50 Male Village: Kathrahi, school, post office, irrigation and will provide all weather prasad drinking water supply facility in the road connectivity to the Lakhan yadav Nothing 70 Male Block: Bhind, village nearby facilities Ganauri yadav Politician 40 Male District: Nalanda existing village road in lower level Proper safety Shaam bhai Cultivation 40 Male and in very poor condition and it is measures for new road dharmendra Cultivation 25 Male inaccessible during rainy season are proposed in the yadav People perceived that subproject design and care will be Arun kumar Cultivation 46 Male road will provide better transport taken during Rinku kumar Politician 28 Male facility and save time, money, and construction Bindi yadav Cultivation 40 Male generate employment Employment to local Anand kumar Cultivation 31 Male Negative impacts perceived by the skilled and unskilled Jitendra kumar Student 24 Male people are loss of agriculture and labourers will be Pankaj kumar Cultivation 27 Male few structure preferred during road Dasrath yadav Labour 40 Male Number of accident and pollution construction and Bhagirathi Labour 45 Male will increase operation sahu Cash compensation for the loss of Compensation for land Misri paswan Labour 32 Male will be on replacement land is preferred Ramjatan Labour 42 Male cost Perceived no problem in relocation paswan Employment in the project work can Madan sahu Cultivation 35 Male reduce the livelihood loss Akhilesh Labour 28 Male Compensation for land should be kumar yadav paid on market rate Possible cooperation will be extended during implementation 4 Date: 29/8/2009 All basic aminities are available in The subproject road Virendra Cultivation 42 Male Village: Chandi, the village as it is a Block Head will provide all weather kumar Block: Chandi, Quarter road connectivity to the Nawal prasad Cultivation 49 Male nearby facilities Kapil prasad Cultivation 65 Male 83

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants District: Nalanda People having no much problem Proper safety Ramesh Cultivation 58 Male with the existing road except heavy measures for new road prasad traffic and pollution are proposed in the Bubuchand Cultivation 52 Male People perceived that the proposed design and care will be chaudhry subproject road will provide quicker taken during Rampervesh Cultivation 47 Male transport facility and save time, construction chaudhry money, and generate employment Employment to local Ratnesh Cultivation 32 Male Negative impacts perceived by the skilled and unskilled chaudhry people are loss of agriculture land labourers will be Ramlakhan Cultivation 55 Male and few structure preferred during road mistry The displaced persons should be construction and C.P.Sharma Surpunch 60 Male relocated along the new road. operation Chandan Student 16 Male Cash compensation for the loss of NGO will be employed kumar land is preferred by the project to help in Omprakash Student 19 Male Unavailability of suitable land and relocation chudhry govt land will be problem in Compensation of land Ramishwar Cultivation 70 Male relocation will be on replacement mahto Employment in the project work can cost Satendra Cultivation 36 Male reduce the livelihood loss paswan Compensation for land should be Rajkumar Labour 23 Male paid on market rate Jainarayan Cultivation 28 Male Possible cooperation will be yadav extended during implementation Surendra Labour 42 Male prasad Surendra Student 18 Male kumar 5 Date: 30/8/2009 No health centre, bank, secondary The subproject road Kedar prasad Cultivation 62 Male Village: Sonsa, school, irrigation and drinking will provide all weather Vijay kumar Cultivation 56 Male water supply facility in the village road connectivity to the Naresh kumar Cultivation 50 Male Block: existing village road is in very poor nearby facilities and Ram kishore Cultivation 30 Male Rahuee, condition and it is there is no regular transport facility Arjun prasad Cultivation 65 Male District: Nalanda regular transport facility Employment to local Murlidhar Cultivation 60 Male People perceived that subproject skilled and unskilled prasad mahto road will provide better transport labourers will be Surendra Cultivation 65 Male facility and generate employment preferred during road prasad Negative impacts perceived by the construction and Ranjeet kumar Cultivation 58 Male people are loss of agriculture land operation Inderdev Cultivation 63 Male Cash compensation for the loss of Compensation for land prasad land is preferred will be on replacement Madhusudan Cultivation 40 Male Perceived no problem in relocation cost prasad Employment in the project work can Arun kumar Cultivation 33 Male 84

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants reduce the livelihood loss Surendra Cultivation 35 Male Compensation for land should be prasad paid on market rate Kailash prasad Cultivation 73 Male Possible cooperation will be Rakesh Cultivation 64 Male extended during implementation prasad Satish kumar Cultivation 48 Male Arjun kumar Cultivation 61 Male singh 6 Date: 31/8/2009 No health centre, bank, primary or The subproject road Ramji prasad Cultivation 60 Male Village: Amarpur, secondary school, post office, will provide all weather Jagdish Cultivation 61 Male irrigation and drinking water supply road connectivity to the prasad Block: Rahuee, facility in the village nearby facilities Sukhdev Cultivation 58 Male District: Nalanda Existing road in in very poor Employment to local prasad condition skilled and unskilled Kashi prasad Cultivation 62 Male Positive impacts of subproject labourers will be Amod kumar Cultivation 34 Male perceived by people are all weather preferred during road Satish kumar Student 32 Male road, direct access to many construction and Maya devi House wife 30 Female facilities, business and employment operation Mahesh Cultivation 30 Male opportunities, appreciation of land Compensation for land prasad value etc. will be on replacement Sarvan ravat Mason 45 Male No negative impacts perceived by cost Satdev thakur Mason 44 Male the people and think road is more Avdesh kumar Cultivation 56 Male essential for development of village J.B.Mahto Cultivation 62 Male Cash compensation for the loss of Kiran devi House wife 35 Female land is preferred Sarita devi House wife 22 Female Perceived no problem in relocation Ashok kumar Cultivation 40 Male Compensation for land should be J,P.Yadav Cultivation 56 Male paid on market rate Jugeswar Labour 52 Male Possible cooperation will be paswan extended during implementation Permanad Mason 35 Male kumar Vinod prasad Cultivation 44 Male 7 Date: 1/9/2009 No health centre, bank, primary or The subproject road Rajendra Ex serviceman 61 Male Village: Kadibigha, secondary school, market, post will provide all weather prasad office, irrigation and drinking water road connectivity to the Kapil deo Cultivation 55 Male Block: Noorsarai, supply facility in the village nearby facilities singh District: Nalanda, Existing earthen road in lower level Employment to local Suresh prasad Cultivation 55 Male and in very poor condition and it is skilled and unskilled Vijay kumar Ex serviceman 62 Male inaccessible during rainy season labourers will be Jaikishan Cultivation 49 Male Positive impacts of subproject preferred during road Raju kumar Student 24 Male perceived by people are all weather construction and K.N.Pandey Ex serviceman 68 Male 85

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants road, direct access to many operation Dinesh kumar Cultivation 48 Male facilities, business and employment Compensation for land Ravindra Cultivation 65 Male opportunities, appreciation of land will be on replacement sharma value etc. cost Shyansunder Cultivation 44 Male Negative impacts perceived are prasad loss of agricultural land and some Ram kishan Cultivation 65 Male structures prasad Cash compensation for the loss of Dayanand Cultivation 52 Male land is preferred prasad Perceived no problem in relocation Dharmendra Student 25 Male Compensation for land should be kumar paid on market rate Shankar mistry Cultivation 60 Male Possible cooperation will be Naval prasad Cultivation 52 Male extended during implementation Laxmi narayan Ex serviceman 69 Male Ramkishan Cultivation 62 Male prasad Sanjay kumar Student 28 Male Yamuna Cultivation 70 Male prasad singh Amar pandey Cultivation 55 Male Shaym pandey Student 30 Male 8 Date: 2/9/2009 No health centre, bank, primary or The subproject road Rita kumari House wife 38 Female Village: secondary school, market, post will provide all weather Rameswari Social worker 65 Female Muzaffarpur, office, irrigation and drinking water road connectivity to the devi supply facility in the village nearby facilities Dharmendra Cultivation 33 Male Block: Chandi, Existing earthen road in lower level Employment to local kumar District: Nalanda and in very poor condition and it is skilled and unskilled Krishna Cultivation 58 Male inaccessible during rainy season labourers will be prasad Positive impacts of subproject preferred during road Dasrath Cultivation 55 Male perceived by people are all weather construction and prasad road, direct access to many operation Rajendra Cultivation 65 Male facilities, business and employment Compensation for land prasad opportunities, appreciation of land will be on replacement Rajni kant Student 20 Male value etc. cost sinha Negative impacts perceived are Purshotam Cultivation 22 Male loss of agricultural land and some kumar structures Shankar Cultivation 40 Male Cash compensation for the loss of prasad land is preferred Ashok kumar Cultivation 45 Male Perceived no problem in relocation Kamlesh Cultivation 35 Male Compensation for land should be kumar 86

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants paid on market rate Vipin kumar Cultivation 28 Male Major concern is to have a good Pramod kumar Cultivation 38 Male quality road Chandershekh Cultivation 28 Male er kumar Virendra Cultivation 55 Male kumar Shyam prasad Cultivation 50 Male Mitu kumar Student 23 Male Arjun ram Cultivation 62 Male Ramchander Cultivation 65 Male prasad 9 Date: 3/9/2009 All facilities available in the village The subproject road Sunil kumar Cultivation 60 Male Village: Barhauna, except bank and market will provide all weather Ramchander Cultivation 73 Male Existing road in very poor condition road connectivity to the prasad Block: Noorsarai, Positive impacts of subproject nearby facilities Satendra Cultivation 54 Male District: Nalanda perceived by people are all weather After joint visit with EA kumar singh road, direct access to many the alignment changed Balkishan Cultivation 67 Male facilities, business and employment in the villages and prasad opportunities, appreciation of land saved many structures Madan singh Cultivation 62 Male value etc. Proper safety Chandermani Cultivation 69 Male Negative impacts perceived are measures for new road singh loss of agricultural land and many are proposed in the Dinesh mistry Cultivation 50 Male structures design and care will be Rajendra Cultivation 55 Male Road safety issue is critical taken during prasad Cash compensation for the loss of construction Mahendra Cultivation 50 Male land is preferred NGO will be employed prasad Unavailability of residential land by the project to help in Rajkumar Cultivation 70 Male near the same place will create relocation singh problem in relocation Compensation of land Durgeshwar Carpenter 60 Male Compensation for land should be will be on replacement ram paid on market rate cost Kishore singh Cultivation 62 Male 10 Date: 4/9/2009 No bank, market, and drinking The subproject road Ramchander Cultivation 60 Male Village: Kaithole, water supply facility in the village will provide all weather prasad Existing earthen road in in very poor road connectivity to the Manorajan Cultivation 32 Male Block: Sarmera, condition and it is inaccessible nearby facilities kumar District: Nalanda during rainy season Proper safety Kamlesh Cultivation 40 Male Positive impacts of subproject measures for new road prasad perceived by people are all weather are proposed in the Avadh bihari Cultivation 35 Male road, direct access to many design and care will be lal facilities, business and employment taken during Surendra Labour 40 Male opportunities, appreciation of land construction paswan 87

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants value etc. Employment to local Suresh yadav Cultivation 50 Male Negative impacts perceived are skilled and unskilled Sanjeet mistry Carpenter 25 Male loss of agricultural land, increase in labourers will be Vinod prasad Cultivation 40 Male accidents and pollution preferred during road Udit mistry Labour 30 Male Cash compensation for the loss of construction and Kamleshwar Ex serviceman 60 Male land is preferred operation prasad Perceived no problem in relocation Compensation of land Kishori prasad Cultivation 65 Male Compensation for land should be will be on replacement Sanjeev Student 27 Male paid on market rate cost prasad Possible cooperation will be Satish kumar Cultivation 40 Male extended during implementation Nagendra Cultivation 23 Male prasad Baby devi House wife 38 Female Kaushalya House wife 35 Female devi Ashok kumar Cultivation 32 Male Hirachand Labour 45 Male paswan Jawahar Labour 65 Male paswan 11 Date: 5/9/2009 All other basic facilities exist in the The subproject road Shivshankar Retd teacher 74 Male Village: Pernawan, village except post office, bank and will provide a faster prasad singh market transportation to Mithilesh Religious leader 32 Male Block: Noorsarai, Not much problem with existing distance places. sharma District: Nalanda road Proper safety Janardan Cultivation 62 Male Positive impacts of subproject measures for new road singh perceived by people are all weather are proposed in the Rajballabh Teacher 52 Male road, direct access to many design and care will be prasad facilities, business and employment taken during Ramashish Cultivation 63 Male opportunities, appreciation of land construction singh value etc. Employment to local Kakku singh Cultivation 32 Male Negative impacts perceived are skilled and unskilled Umesh singh Cultivation 52 Male loss of agricultural land, increase in labourers will be Narmdeshwar Cultivation 49 Male accidents and pollution preferred during road pr singh Cash compensation for the loss of construction and Ajay singh Cultivation 45 Male land is preferred operation Krishnamohan Cultivation 68 Male Perceived no problem in relocation Compensation of land prasad singh Compensation for land should be will be on replacement Jugal kishore Cultivation 65 Male paid on market rate cost singh Possible cooperation will be Surendra Cultivation 37 Male extended during implementation kumar 88

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants Avinash kumar Cultivation 26 Male Rajeevranjan Lic agent 38 Male Ramasrey Cultivation 28 Male paswan Ramsaran Cultivation 60 Male yadav Sita ram Cultivation 65 Male mahto Chandermani Cultivation 45 Male singh 12 Date: 6/9/2009 No bank, market, and drinking The subproject road Kamlesh Cultivation 35 Male Village: Charuiper, water supply facility in the village will provide all weather pasawan Existing earthen road in in very poor road connectivity to the Narendra Labour 35 Male Block: Noorsarai, condition and it is inaccessible nearby facilities pandit District: Nalanda during rainy season Proper safety Ajay kumar Labour 32 Male Positive impacts of subproject measures for new road Sarvan kumar Cultivation 28 Male perceived by people are all weather are proposed in the Satendra Student 22 Male road, direct access to many design and care will be kumar facilities, business and employment taken during Bakhori pandit Cultivation 60 Male opportunities, appreciation of land construction Bhagat prasad Cultivation 25 Male value etc. Employment to local Hari paswan Labour 32 Male Negative impacts perceived are skilled and unskilled Anandi Cultivation 20 Male loss of agricultural land, increase in labourers will be paswan accidents and pollution preferred during road Lala das Cultivation 50 Male Cash compensation for the loss of construction and Inderjeet Cultivation 30 Male land is preferred operation kumar Perceived no problem in relocation Compensation of land Virendra Labour 36 Male Compensation for land should be will be on replacement paswan paid on market rate cost Dhananjay Cultivation 28 Male kumar Radhey kumar Cultivation 36 Male Suryakant Cultivation 27 Male ranjan Moti thakur Cultivation 80 Male 13 Date: 7/9/2009 All facilities available in the village The subproject road Sanjeev kumar Cultivation 30 Male Village: Beldhana, except post office, bank and market will provide quicker Surendra Cultivation 60 Male Not much problem with existing access to the nearby singh Block: Chandi, road facilities Virendra singh Cultivation 30 Male District: Nalanda Positive impacts of subproject After joint visit with EA Kamal raj Student 23 Male perceived by people is that the new the alignment changed Rajkishore Cultivation 60 Male bypass road will provide faster and in the villages and singh 89

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants better mode of transport saved many structures Manoj singh Cultivation 25 Male Negative impacts perceived are Proper safety Rahul kumar Student 22 Male loss of agricultural land and many measures for new road Chandeshwar Cultivation 79 Male structures are proposed in the singh Road safety issue is critical design and care will be Chandan Student 18 Male Cash compensation for the loss of taken during kumar land is preferred construction Neeraj kumar Student 19 Male Unavailability of residential land NGO will be employed Mauji singh Cultivation 32 Male near the same place will create by the project to help in Pankaj kumar Student 25 Male problem in relocation relocation Tuntun pandey Student 20 Male Compensation for land should be Compensation of land Chandan Cultivation 25 Male paid on market rate will be on replacement kumar cost 14 Date: 18/6/2009 No bank, post office, secondary The subproject road Ramanand Cultivation 59 Male Village: school and drinking water supply will provide all weather singh Mustafapur, facility in the village road connectivity to the Rabballabh Cultivation 65 Male Existing road is average and new nearby facilities prasad Block: Punpun, bypass road will provide better and Proper safety Arjun roy Cultivation 45 Male District: Patna faster transport facilities measures for new road Karmu roy Cultivation 60 Male Negative impacts perceived are are proposed in the Rambrichh roy Cultivation 55 Male loss of agricultural land design and care will be Ramnandan Labour 55 Male Cash compensation for the loss of taken during singh land is preferred construction Ramashish Cultivation 50 Male Perceived no problem in relocation Compensation of land yadav Compensation for land should be will be on replacement Ramiqbal Cultivation 48 Male paid on market rate cost mistry Surendra Cultivation 35 Male bhagat Vijay kumar Cultivation 32 Male Jitendra kumar Cultivation 32 Male Ramdev singh Cultivation 61 Male Bhagwan Cultivation 60 Male singh Magal singh Labour 25 Male 15 Date: 20/6/2009 All facilities available in the village The subproject road Jaglal singh Cultivation 61 Male Village: Kansari, except post office, bank and market will provide quicker Ashok kr singh Cultivation 45 Male Existing road is average and new access to the nearby Kuleshwar Cultivation 50 Male Block: Punpun, bypass road will provide better and facilities singh District: Patna faster transport facilities Proper safety Dhaneshwar Lic agent 33 Male Negative impacts perceived are measures for new road choudhry loss of agricultural land and few are proposed in the Ramdhyan Business 40 Male 90

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants structures design and care will be sao Road safety issue is critical taken during Dilip sao Business 35 Male Cash compensation for the loss of construction Sanjeev kr Cultivation 30 Male land is preferred NGO will be employed singh Unavailability of residential land by the project to help in Dhirendra kr Unemployed 22 Male near the same place will create relocation singh problem in relocation Compensation of land Kala sao Business 50 Male Relocation should be within village will be on replacement Arvind singh Cultivation 50 Male avoid impact on community life cost Sakaldeo Cultivation 45 Male Compensation for land should be singh paid on market rate Permod singh Cultivation 30 Male 16 Date: 21/6/2009 No bank, post office, health centre, The subproject road Vishvnath Cultivation 60 Male Village: Naubatpur, secondary school and drinking will provide all weather sharma water supply facility in the village road connectivity to the Shivnath singh Cultivation 45 Male Block: Pali, Existing road is average and new nearby facilities Ramdev Cultivation 45 Male District: Patna bypass road will provide better and Proper safety Verma faster transport facilities measures for new road Mukesh verma Retd.Teacher 62 Male Negative impacts perceived are are proposed in the Sushil verma Cultivation 30 Male loss of agricultural land design and care will be Cash compensation for the loss of taken during land is preferred construction Perceived no problem in relocation Compensation of land Compensation for land should be will be on replacement paid on market rate cost 17 Date: 21/6/2009 No bank, market, secondary school The subproject road Ramesh singh Retd.Govt 65 Male Village: Nima, facility in the village will provide all weather servant Existing village road is in very poor road connectivity to the Devender Service 40 Male Block: Punpun, condition and no public nearby facilities paswan District: Patna transportation facility for villagers Employment to local Chandermani Doctor 44 Male Positive impacts of subproject skilled and unskilled kumar perceived by people are all weather labourers will be Vinod paswan Cultivation 40 Male road, direct access to many preferred during road Devender Cultivation 45 Male facilities, business and employment construction and paswan opportunities, appreciation of land operation Lalan paswan Labour 35 Male value etc. Compensation of land Hari paswan Labour 45 Male No negative impacts perceived will be on replacement Kapil paswan Labour 35 Male Cash compensation for the loss of cost Rambabu Labour 45 Male land is preferred paswan Perceived no problem in relocation Krit paswan Labour 50 Male Compensation for land should be Labahadur Cultivation 40 Male paid on market rate Sukku paswan Cultivation 45 Male 91

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants Inderdev Cultivation 45 Male paswan 18 Date: 23/6/2009 No bank, market, secondary school The subproject road Ashok krumar Cultivation 45 Male Village: Purainiya, and post office facility in the village will provide all weather Chander Cultivation 50 Male Existing road is in very poor road connectivity to the bhushan Block: Punpun, condition nearby facilities Sanjay Kewat Cultivation 35 Male District: Patna Positive impacts of subproject Employment to local Goma Mistry carpenter 50 Male perceived by people are all weather skilled and unskilled Satyanand Cultivation 35 Male road, direct access to many labourers will be Mahesh singh Cultivation 35 Male facilities, business and employment preferred during road Jitendra Labour 30 Male opportunities, appreciation of land construction and Ravisas value etc. operation Ramchander Cultivation 40 Male Perceived no problem in relocation Compensation of land Kewat Compensation for land should be will be on replacement Amrendra Labour 30 Male paid on market rate cost Paswan Payment of compensation should Dinesh Kewat Labour 30 Male be fare and transparent Munna kumar Labour 25 Male 19 Date: 1/7/2009 No bank, market, secondary school The subproject road Ashok krumar Cultivation 45 Male Village: and drinking water facility in the will provide all weather Chander Cultivation 50 Male Mohiuddinpur, village road connectivity to the bhushan Existing road is in very poor nearby facilities Sanjay Kewat Cultivation 35 Male Block: Fatuha, condition Employment to local Goma Mistry carpenter 50 Male District: Patna Positive impacts of subproject skilled and unskilled Satyanand Cultivation 35 Male perceived by people are all weather labourers will be Mahesh singh Cultivation 35 Male road, direct access to many preferred during road Jitendra Labour 30 Male facilities, business and employment construction and Ravisas opportunities, appreciation of land operation Ramchander Cultivation 40 Male value etc. Compensation of land Kewat Perceived no problem in relocation will be on replacement Compensation for land should be cost paid on market rate Payment of compensation should be fare and transparent 20 Date: 2/7/2009 No bank, market, secondary school The subproject road Nathuni sao Cultivation 50 Male Village: and health centre facility in the will provide all weather Pankaj sao Cultivation 24 Male Sikanderpur, village road connectivity to the Ramanugarah Cultivation 35 Male Existing road is in very poor nearby facilities verma Block: Fatuha, condition Employment to local Premoday Cultivation 41 Male District: Patna Positive impacts of subproject skilled and unskilled verma perceived by people are all weather labourers will be Vivek sao Cultivation 21 Male road, direct access to many preferred during road Aniket Labour 24 Male 92

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants facilities, business and employment construction and Usha verma House wife 70 Female opportunities, appreciation of land operation Saroj Labour 70 Male value etc. Compensation of land Vidyanand Cultivation 68 Male Perceived no problem in relocation will be on replacement Virchand Labour 22 Male Compensation for land should be cost kumar paid on market rate Rajaram Labour 60 Male thakur Tunnu kumar Teacher 29 Male 21 Date: 4/7/2009 No bank, market, secondary school The subproject road Shasi singh Business 42 Male Village: Dumri, and health centre facility in the will provide all weather Suryadev Business 28 Male Block: Punpun, village road connectivity to the kumar District: Patna Existing road is in very poor nearby facilities Manoj kr singh Cultivation 30 Male condition Employment to local Ajay singh Cultivation 40 Male Positive impacts of subproject skilled and unskilled Sriramdev Cultivation 62 Male perceived by people are all weather labourers will be yadav road, direct access to many preferred during road Satyadev Cultivation 50 Male facilities, business and employment construction and yadav opportunities, appreciation of land operation Kesri nandan Cultivation 40 Male value etc. Compensation of land Perceived no problem in relocation will be on replacement Compensation for land should be cost paid on market rate 22 Date: 5/7/2009 No bank, market, secondary school The subproject road Parasnath Cultivation 75 Male Village: Daryapur, and health centre facility in the will provide all weather upadhyay village road connectivity to the Ramkewal Cultivation 55 Male Block: Naubatpur, Existing road is in very poor nearby facilities tiwari District: Patna condition and no direct transport Employment to local Ramashish Cultivation 60 Male facility to district HQ skilled and unskilled tiwari Positive impacts of subproject labourers will be Yogendra Cultivation 60 Male perceived by people are all weather preferred during road tiwari road, direct access to many construction and Ravi kumar Student 18 Male facilities, business and employment operation Lallan Cultivation 64 Male opportunities, appreciation of land Compensation of land upadhyay value etc. will be on replacement Virendra tiwari Cultivation 26 Male Perceived negative impact is loss of cost land and livelihoods No problem in relocation Compensation for land should be paid on market rate 23 Date: 6/7/2009 No bank, market, secondary school The subproject road Vimlesh kumar Student 22 Male Suryadev Cultivation 52 Male 93

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants Village: Charra, and health centre facility in the will provide a faster thakur Block: Naubatpur, village transportation to Dilip kumar Labour 32 Male District: Patna Existing road is in very poor distance places. Ayodhya Doctor 55 Male condition and unaccessable in rainy Proper safety prasad puri

season measures for new road Shailesh Cultivation 24 Male Positive impacts of subproject are proposed in the kumar perceived by people are all weather design and care will be Baiju chauhan Labour 25 Male road, direct access to many taken during Sanjeet Labour 22 Male facilities, business and employment construction Chauhan opportunities, appreciation of land Employment to local Ranjeet kumar Labour 22 Male value etc. skilled and unskilled Tauji chauhan Cultivation 60 Male Negative impacts perceived are labourers will be loss of agricultural land, increase in preferred during road accidents and pollution construction and Cash compensation for the loss of operation land is preferred Compensation of land Perceived no problem in relocation will be on replacement Compensation for land should be cost paid on market rate Possible cooperation will be extended during implementation 24 Date: 6/7/2009 No bank, market, secondary school The subproject road Raushan Teacher 24 Male Village: Jamalpura, and post office facility in the village will provide a faster kumar Existing road is in very poor transportation to Pintu kumar Lic agent 24 Male Block: Naubatpur, condition distance places. Ram pukar Cultivation 52 Male District: Patna Positive impacts of subproject Employment to local singh perceived by people are all weather skilled and unskilled Rana pratap Retd 61 Male road, direct access to many labourers will be singh facilities, business and employment preferred during road Baijnath Retd 80 Male opportunities, appreciation of land construction and sharma value etc. operation Rameshwar Service 60 Male Negative impacts perceived are Compensation of land sharma loss of agricultural land and will be on replacement Shivnath Cultivation 65 Male livelihoods cost verma Cash compensation for the loss of Shailesh Student 20 Male land is preferred kumar Perceived no problem in relocation Ramkishore Cultivation 37 Male Compensation for land should be singh paid on market rate Rampervesh Cultivation 65 Male Possible cooperation will be singh extended during implementation Shivdhayan Cultivation 66 Male singh 94

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants 25 Date: 7/7/2009 No bank, market, secondary school The subproject road Saheb singh Service 60 Male Village: and drinking water facility in the will provide a faster Dhananjay Cultivation 35 Male Bishunpura, village transportation to Sangram Service 34 Male Existing road is in very poor distance places. singh Block: Bihita, condition Employment to local Inerdev singh Retd 80 Male District: Patna Positive impacts of subproject skilled and unskilled Wakil singh Cultivation 40 Male perceived by people are all weather labourers will be Jayprakash Cultivation 45 Male road, direct access to many preferred during road singh facilities, business and employment construction and Arun singh Cultivation 45 Male opportunities, appreciation of land operation value etc. Compensation of land Negative impacts perceived are will be on replacement loss of agricultural land and cost livelihoods Cash compensation for the loss of land is preferred Perceived no problem in relocation Compensation for land should be paid on market rate Possible cooperation will be extended during implementation 26 Date: 7/7/2009 No bank, market, secondary school The subproject road Lalu prasad Contractor 35 Male Village: Kanhauli, and drinking water facility in the will provide a faster Nanda rai Labour 60 Male village transportation to Samru rai Cultivation 55 Male Block: Bihita, Existing road is in very poor distance places. Vishnudev Business 32 Male District: Patna condition Employment to local gupta Positive impacts of subproject skilled and unskilled Ambika rai Cultivation 28 Male perceived by people are all weather labourers will be Megha rai House wife 45 Female road, direct access to many preferred during road Ramavtar rai Cultivation 67 Male facilities, business and employment construction and Raju kumar Student 15 Male opportunities, appreciation of land operation Kiran devi House wife 40 Female value etc. Compensation of land Manju devi House wife 35 Female Negative impacts perceived are will be on replacement Halku paswan Service 35 Male loss of agricultural land and cost livelihoods Cash compensation for the loss of land is preferred Perceived no problem in relocation Compensation for land should be paid on market rate Possible cooperation will be extended during implementation 95

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants

27 Date: 28/4/2011 Existing road condition, poor The subproject road Jitendra Singh Farmer 60 M Village: connectivity will provide a faster Vishwmohan Aimanbigha, Positive impacts of subproject transportation to Singh Farmer 70 M perceived by people are all weather distance places. Block: Fatua, Manoj Kr road, direct access to many Employment to local Singh Farmer 40 M District: Patna facilities, business and employment skilled and unskilled opportunities, appreciation of land labourers will be Dinesh Ram Labour 45 M value etc. preferred during road Rawan Singh Farmer 32 M construction and Negative impacts perceived are Ravindra operation loss of agricultural land and Singh Farmer 65 M livelihoods Compensation of land Cash compensation at market rate will be on replacement Arun Kr singh Farmer 45 M for the loss of land is preferred cost (BLARRP offers Ashutosh Perceived no problem in relocation market rate) Kumar Farmer 42 M Possible cooperation will be Other livelihood Dhananjay extended during implementation restoration measures Kumar Farmer 45 M will be provided as per policy Shashikant Student 21 M 28 Date: 23/5/2011 Existing road condition, poor The subproject road Arvind Kumar Teacher 55 M Village: Dumri, connectivity will provide a faster Positive impacts of subproject transportation to Uday Singh Farmer 40 M Block: Punpun, perceived by people are all weather distance places. Vinod kumar Teacher 42 M District: Patna road, direct access to many Employment to local Ramnandan facilities, business and employment skilled and unskilled singh Farmer 80 M opportunities, appreciation of land labourers will be Vikaas kumar Farmer 27 M value etc. preferred during road Basant singh Farmer 72 M Negative impacts perceived are construction and loss of agricultural land and operation Arvind kumr Farmer 40 M livelihoods Compensation of land Mahesh singh Farmer 55 M Cash compensation at market rate will be on replacement Mathura ram Farmer 70 M for the loss of land is preferred cost (BLARRP offers Pokhraj singh Farmer 70 M Perceived no problem in relocation market rate) Tiku kumar Farmer 22 M Fare transaction in payment of Other livelihood compensation restoration measures Sujeet kumar Farmer 30 M Possible cooperation will be will be provided as per Ashok kr singh Farmer 45 M policy extended during implementation Anokhe lal Involvement in project GRC available for singh Farmer 85 M grievance redressal implementation Aditya narayan NGO will disseminate singh Farmer 80 M regular information to the DPs Mahindra Farmer 65 M 96

Sl. No. Date and Issues Discussed Measures Taken Name of Profession Age Sex Location Participants prsad singh 29 Date: 06/5/2011 Existing road is in very poor The subproject road Manish kumar Social worker 36 M Village: Gonwan, condition and no direct transport will provide all weather Shivnath singh Farmer 46 M facility to district HQ road connectivity to the Sanjay singh Farmer 40 M Block: Naubatpur, Positive impacts of subproject nearby facilities Yogendra District: Patna perceived by people are all weather Employment to local singh Farmer 49 M road, direct access to many skilled and unskilled Akhlesh kumar Farmer 28 M facilities, business and employment labourers will be Ajay kumar roy Farmer 32 M opportunities, appreciation of land preferred during road Satendra value etc. construction and kumar Farmer 35 M Perceived negative impact is loss of operation Opendra singh Farmer 45 M land and livelihoods Compensation of land Ravisan kumar Farmer 28 M No problem in relocation will be on replacement Sanjay kumar Doctor 41 M Compensation for land should be cost (BLARRP) Arvind kumar Farmer 45 M paid on market rate Proper road safety Mahendra Safety of children and women measures are sharma Farmer 35 M Transparency in payment of incorporated in the Asha devi house wife 40 F compensation design Chandeshwar Farmer 42 M GRC is constituted for R k singh Farmer 48 M grievance redressal Pramod singh Sevice 55 M Lal babu singh Farmer 52 M Shivji prasad Farmer 52 M 30 Date: 19/5/2011 Existing road condition, poor The subproject road Avinash kumar Farmer 29 M Village: Malawan, connectivity will provide a faster Naval paswan Farmer 60 M Negative impacts perceived are transportation to Kushan devi House wife 48 F Block: Sarmera, loss of agricultural land and distance places. Anita devi House wife 30 F District: Nalanda livelihoods Employment to local Sanjay pandit Farmer 47 M labourers will be Cash compensation at market rate Satendra Farmer 30 M for the loss of land is preferred preferred Perceived no problem in relocation Compensation at Shiv thakur Farmer 64 M Fare transaction in payment of replacement cost Rajeev kumar Farmer 32 M compensation (BLARRP) Birbal pandit Farmer 61 M Road safety measures for children Other livelihood Bar shankar and women is required restoration measures prasad Farmer 70 M will be provided as per Gajodhar policy singh Farmer 58 M GRC available for Kameshwar grievance redressal thakur Farmer 65 M Road safety measures included in design Bhola thakur Farmer 55 M