Resettlement Plan November 2012 IND: Chhattisgarh State Road Sector Project Raipur – Kodwa Road Subproject Prepared by Public Works Department, Government of Chhattisgarh for the Asian Development Bank. ii CURRENCY EQUIVALENTS (as of 22 November 2012) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0181438810 $1.00 = Rs 55.115000 ABBREVIATIONS ADB – Asian Development Bank AE – Assistant Engineer ARO – Assistant Resettlement Officer BPL – below poverty line BSR – Basic Schedule of Rates CGPWD – Chhattisgarh Public Works Department CPR – common property resources CSC – construction supervision consultant dc – district collector DP – displaced person DPR – detailed project report EA – executing agency EE – executive engineer FGD – focus group discussion GOI – Government of India GRC – Grievance Redress Committee IA – implementing agency IP – indigenous peoples IR – involuntary resettlement LAA – Land Acquisition Act LAP – land acquisition plan NGO – nongovernment organization NRRP – National Rehabilitation and Resettlement Policy OBC – other backward castes PD – Project Director PIU – project implementation unit R&R – resettlement and rehabilitation RF – resettlement framework RO – resettlement officer ROW – right-of-way RP – resettlement plan SC – scheduled caste SPS – ADB Safeguard Policy Statement, 2009 ST – scheduled tribe TOR – Terms of Reference VLC – Village Level Committee WEIGHTS AND MEASURES km – kilometer m – meter iii NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. iv CONTENTS Executive Summary vii I. PROJECT DESCRIPTION 1 A. Introduction 1 B. Subproject Road 2 C. General Profile of the Subproject Area 3 D. Subproject Component 3 E. Subproject Impacts and Benefits 5 F. Minimizing Resettlement 6 G. Scope and Objective of Resettlement Plan (RP) 7 H. Methodology for Social Impact Assessment 8 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 10 A. Introduction 10 B. Resettlement Impacts 10 C. Loss of Land in the Subproject 10 D. Intensity of Land Impact 10 E. Loss of Structure in the Subproject 11 F. Loss of Private Structure in the Subproject 11 G. Scale of Impact on Structure 11 H. Type of Construction of Affected Structure 12 I. Loss of Livelihoods in the Subproject 12 J. Loss of CPR 13 III. SOCIOECONOMIC INFORMATION AND PROFILE 14 A. General Socioeconomic Profile of Project Area 14 B. Social Categories of the DPs 14 C. Number of DPs 15 D. Vulnerable Households being Affected in the Subproject 15 E. Annual Income Level of the Affected Households 15 F. Educational Status of DPs 16 G. Occupational Status of DPs 16 H. Impact on Indigenous People and mitigation Measures 17 I. Gender Impact and Mitigation Measures 17 IV. STAKEHOLDERS CONSULTATION AND PARTICIPATION 20 A. Stakeholders in the Subproject 20 B. Public Consultation in the Subproject 20 C. Methods of Public Consultation 20 D. Scope of Consultation and Issues 20 E. Findings of Focused Group Discussions 21 F. Consultation with Officials and Other Stakeholders 22 G. Plan for further Consultation in the Subproject 23 H. Information Disclosure 24 V. LEGAL FRAMEWORK 25 A. Introduction 25 B. Land Acquisition Act 1894 25 C. National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 26 D. Legal and Policy Frameworks of Chhattisgarh State 28 v E. Safeguard Policy Statement of Asian Development Bank 29 F. Comparison between National and State Policies and ADB‟s SPS 30 G. R&R Policy Framework for the Subproject 33 H. Valuation of Assets 35 I. Procedure for Land Acquisition under the Subproject 36 VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 37 A. Introduction 37 B. Cut-off-Date for Entitlement 37 C. Subproject Entitlement 37 D. Entitlement Matrix 38 VII. RELOCATION OF HOUSING AND SETTLEMENTS 41 A. Basic Provision for Relocation 41 B. Need for Relocation 41 C. Relocation and Compensation Option by DPs 41 D. Relocation Strategy 41 VIII. INCOME RESTORATION AND REHABILITATION 43 A. Loss of Livelihoods in the Subproject 43 B. Provisions for Loss of Livelihood 43 C. Income Restoration Measures 44 D. Additional Support from Ongoing Poverty Reduction Programs 44 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 45 A. Introduction 45 B. Compensation 45 C. Assistance 45 D. Compensation for Community and Government Property 46 E. RP Implementation and Support Cost 46 F. Source of Funding and Fund Flow Management 46 G. R&R Budget 47 X. GRIEVANCE REDRESSAL MECHANISM 48 A. Introduction 48 B. Grievance Redress Mechanism 48 C. Constitution and Function of the GRC 48 D. Operational Mechanisms of GRC 48 XI. INSTITUTIONAL ARRANGEMENT 50 A. Institutional Requirement 50 B. Executing Agency 50 C. Resettlement Management at ADB-PIU 50 D. Resettlement Management at ADB-PIU Field Office 50 E. Nongovernment Organization (NGO) 51 F. Capacity Building on RP in the EA 53 XII. IMPLEMENTATION SCHEDULE 54 A. Introduction 54 B. Schedule for Subproject Implementation 54 C. Subproject Preparation Phase 54 D. RP Implementation Phase 54 E. Monitoring and Reporting Period 54 F. R&R Implementation Schedule 54 XIII. MONITORING AND REPORTING 56 A. Need for Monitoring and Reporting 56 B. Monitoring in the Subproject 56 vi C. Monitoring by PIU 56 D. External Monitoring 56 E. Stages of Monitoring 57 F. Preparatory Stage 57 G. Relocation Stage 58 H. Rehabilitation Stage 58 I. Monitoring Indicators 58 J. Reporting Requirements 59 List of Appendixes: 1. Census Survey Questionnaire 60 2. List of Displaced Persons 64 3. List of Affected CPR 66 4. Public Consultation in Raipur-Kodwa Road 67 5. Terms of Reference for NGO to Implement Resettlement Plan Raipur-Kodwa Subproject under CSRSP 69 6. Terms of Reference for an External Monitoring Agency/Expert 779 vii EXECUTIVE SUMMARY A. PROJECT DESCRIPTION 1. The ADB funded Chhattisgarh State Road Sector Project entails the rehabilitation and improvement of the existing state roads of Chhattisgarh. The Chhattisgarh Public Works Department (CGPWD), Government of Chhattisgarh will be the Executing Agency (EA) for the project. The Project will rehabilitate and strengthen some selected existing State Highways roads to provide a dependable road transport network throughout the state. 2. This Resettlement Plan (RP) for Raipur - Kodwa subproject is prepared based on the detailed design report. The RP complies with the applicable State Government, Government of India and ADB policy and legal framework. This subproject is considered as Category B as far as Involuntary Resettlement (IR) is concerned. The total length of the project section is 48.03 km. 3. The subproject area consists of two districts of Chhattisgarh namely Raipur and Bemetra. 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. .Adequate attention has been given during the feasibility and detailed design phases of the subproject preparation to minimize the adverse impacts on land acquisition and resettlement impacts. With the available options, best engineering solution have been adopted to avoid land acquisition and resettlement impacts. B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4. The subproject has very limited impacts on land as the acquisition of land is confined to only two locations where construction of new bridges has been proposed. In addition to the small land acquisition requirement (18 households), the resettlement impact for this subproject includes structures that belong to non-titleholders (19 households) living/ earning their livelihoods within the existing ROW. There are some three common properties resources (CPR) including religious structures and government structures used for common purpose constructed within the existing ROW will be affected by the proposed road widening. A subproject census survey was carried out to identify the persons who would be displaced by the project and the summary findings are presented in the following Table E-1. Table E-1 Summary Subproject Impacts Sl. No. Impacts Number 1 Total number of structures affected (Private + CPR) 22 2 Total number of private structures affected 19 3 Total Area of Land required (in Acres) 5.44 4 Area of private land to be acquired (in Acres) 5.44 5 Total number of displaced households 37 6 Total number of Physically Displaced Households (NTH) 15 7 Total number of Economically Displaced Households (18 TH + 4 NTH) 22 viii Sl. No. Impacts Number 8 Total number of vulnerable households displaced 12 9 Total number of displaced persons (DPs) (149 TH + 93 NTH) 242 10 Total number of physically displaced persons 73 11 Total number of economically displaced persons (149 TH +20 NTH) 169 12 Total number of CPR (structure) affected 3 C. SOCIOECONOMIC INFORMATION AND PROFILE 5. The social stratification of the subproject area shows that the dominance other backward caste population with 32 (86.49%) households. There are 242 displaced persons in total being affected by the subproject which includes 130 (53.72%) males and 112 (46.28%) females. The average household size is 7 and the sex ratio among DPs is 862. According to subproject census survey there are 5 vulnerable households affected by the subproject. The educational status of DPs reveals that overall scenario is not encouraging one as there are still 20.80% DPs are illiterate and females are lacking far behind the male members.