Resettlement Plan August 2012 IND: Chhattisgarh State Road Sector Project Simga– Kurud Road Section Subproject Prepared by Public Works Department, Government of Chhattisgarh for the Asian Development Bank. ii CURRENCY EQUIVALENTS (as of 14 August 2012) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0179969405 $1.00 = Rs 55.565000 ABBREVIATIONS ADB – Asian Development Bank AE – Assistant Engineer ARO – Assistant Resettlement Officer BPL – below poverty line BSR – Basic Schedule of Rates CGPWD – Chhattisgarh Public Works Department CPR – common property resources CSC – construction supervision consultant dc – district collector DP – displaced person DPR – detailed project report EA – executing agency EE – executive engineer FGD – focus group discussion GOI – Government of India GRC – Grievance Redress Committee IA – implementing agency IP – indigenous peoples IR – involuntary resettlement LAA – Land Acquisition Act LAP – land acquisition plan NGO – nongovernment organization NRRP – National Rehabilitation and Resettlement Policy OBC – other backward castes PD – Project Director PIU – project implementation unit R&R – resettlement and rehabilitation RF – resettlement framework RO – resettlement officer ROW – right-of-way RP – resettlement plan SC – scheduled caste SPS – ADB Safeguard Policy Statement, 2009 ST – scheduled tribe TOR – Terms of Reference VLC – Village Level Committee WEIGHTS AND MEASURES km – kilometer m – meter iii NOTE In this report, "$" 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 4 E. Subproject Impacts and Benefits 1 F. Minimizing Resettlement 2 G. Scope and Objective of Resettlement Plan (RP) 4 H. Methodology For Social Impact Assessment 4 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6 A. Introduction 6 B. Resettlement Impacts 6 C. Loss of Structure in the Subproject 6 D. Loss of Private Structure in the Subproject 6 E. Scale of Impact on Structure 7 F. Type of Construction of Affected Structure 7 G. Loss of Livelihoods in the Subproject 8 H. Nature of Physical Displacement 8 I. Nature of Economical Displacement 8 J. Nature of CPR Loss 8 III. SOCIOECONOMIC INFORMATION AND PROFILE 9 A. General Socioeconomic Profile of Project Area 9 B. Social Categories of the DPs 9 C. Number of DPs 10 D. Vulnerable Households being displaced in the Subproject 10 E. Annual Income Level of the Displaced Households 10 F. Educational Status of DPs 11 G. Occupational Status of DPs 11 H. Impact on Indigenous People and mitigation Measures 12 I. Gender Impact and Mitigation Measures 13 IV. STAKEHOLDERS CONSULTATION AND PARTICIPATION 15 A. Stakeholders in the Project 15 B. Public Consultation in the Project 15 v C. Methods of Public Consultation 15 D. Scope of Consultation and Issues 15 E. Findings of Focused Group Discussions 16 F. Consultation with Officials and Other Stakeholders 17 G. Plan for further Consultation in the Project 17 H. Information Disclosure 19 V. LEGAL FRAMEWORK 20 A. Introduction 20 B. Land Acquisition Act 1894 20 C. National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 21 D. Legal and Policy Frameworks of Chhattisgarh State 23 E. Safeguard Policy Statement of Asian Development Bank 24 F. Comparison Between National and State Policies and ADB‟s SPS 25 G. R&R Policy Framework for the Project 28 H. Valuation of Assets 30 I. Procedure for Land Acquisition under the Project 31 VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 32 A. Introduction 32 B. Cut-off-Date for Entitlement 32 C. Project Entitlement 32 D. Entitlement Matrix 33 VII. RELOCATION OF HOUSING AND SETTLEMENTS 36 A. Basic Provision for Relocation 36 B. Need for Relocation 36 C. Relocation Option by DPs 36 D. Compensation Option by DPs 37 E. Relocation Strategy 37 VIII. INCOME RESTORATION AND REHABILITATION 39 A. Loss of Livelihoods in the Subproject 39 B. Provisions for Loss of Livelihood 39 C. Income Restoration Measures 39 D. Additional Support from Ongoing Poverty Reduction Programs 40 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 41 A. Introduction 41 B. Compensation 41 C. Assistance 41 vi D. Compensation for Community and Government Property 42 E. RP Implementation and Support Cost 42 F. Source of Funding and Fund Flow Management 42 G. R&R Budget 42 X. GRIEVANCE REDRESSAL MECHANISM 44 A. Introduction 44 B. Grievance Redress Mechanism 44 C. Constitution and Function of the GRC 44 D. Operational Mechanisms of GRC 45 XI. INSTITUTIONAL ARRANGEMENT 46 A. Institutional Requirement 46 B. Executing Agency 46 C. Resettlement Management at ADB-PIU 46 D. Resettlement Management at ADB-PIU Field Office 47 E. Nongovernment Organization (NGO) 47 F. Capacity Building on RP in the EA 49 XII. IMPLEMENTATION SCHEDULE 50 A. Introduction 50 B. Schedule for Project Implementation 50 C. Project Preparation Phase 50 D. RP Implementation Phase 50 E. Monitoring and Reporting Period 50 F. R&R Implementation Schedule 51 XIII. MONITORING AND REPORTING 52 A. Need for Monitoring and Reporting 52 B. Monitoring in the Project 52 C. Monitoring by PIU 52 D. External Monitoring 52 E. Stages of Monitoring 53 F. Preparatory Stage 53 G. Relocation Stage 54 H. Rehabilitation Stage 54 I. Monitoring Indicators 54 J. Reporting Requirements 55 vii List of Appendixes: 1. Census Survey Questionnaire 56 2. List of Displaced Persons 61 3. List of Affected CPR 67 4. Public Consultation in Nandghat-Gidhoury Road 69 5. Terms of Reference for NGO to Implement Resettlement Plan Nandghat-Gidhoury Subproject under CSRSP 73 6. Terms of Reference for an External Monitoring Agency/Expert 83 viii 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 Simga – Kurud 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 RP is considered as Category-A as far as Involuntary Resettlement (IR) is concerned. The total length of the project section is 121.74 km. However, the actual construction length of the project road is 109.985 km (excluding the Out of Scope sections). The Project area consists of two districts of Chattishgarh namely Raipur and Dhamtari. 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 project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3. No land acquisition will be involved in the project because the available ROW is sufficient to accommodate the proposed widening/ two-laning of the road. The resettlement impact for this subproject is limited to the structures belong to non-titleholders (encroachers and squatters) living or earning their livelihoods within the existing ROW. In addition, there are some common properties resources (CPR) including religious structures and some government structures used for common purpose constructed within the existing ROW will be affected by the proposed road widening. A project 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. ix Table E-1. Summary Subproject Impacts Sl. No. Impacts Number Total number of structures affected (Private+Religious+Govt.) 1 Total number of private structures affected 159 2 Total number of displaced households 155 Total number of Physically Displaced Households 5 Total number of Economically Displaced Households 150 3 Total number of vulnerable households displaced 116 4 Total number of displaced persons (DPs) 761 Total number of physically displaced persons 22 Total number of economically displaced persons 739 5 Total number of CPRs (common property structures) affected 44 C. SOCIOECONOMIC INFORMATION AND PROFILE 4. Some of the socio-economic information of DPs was collected through the census survey and its findings are presented in the following sections. The social stratification of the subproject area shows that the dominance of other backward caste (OBC) population with 96(61.94%) households. There are 761 displaced persons in total being affected by the subproject which includes 416 (54.66%) males and 345 (45.34%) females. The average household size is 5 and the sex ratio among DPs is 829. According to subproject census survey there are 116 vulnerable households affected by the subproject. The educational status of DPs reveals that overall scenario is not encouraging one as there are still 30.91% DPs are illiterate and females are lacking far behind the male members. As per census survey out of 761 DPs, only 282 (37.07%) DPs are employed in various commercial activities.