Resettlement Planning Document India: Jharkhand State Roads Project

Resettlement Planning Document

Resettlement Plan for Jamtara–Dumka Section Document Stage: Draft Project Number: 40005 May 2009

India: Jharkhand State Roads Project

Prepared by Road Construction Department, Government of Jharkhand.

The 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.

ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

RESETTLEMENT PLAN TABLE OF CONTENTS

List of Abbreviations 4

Executive Summary 5

Chapter 1 : The Project Background 10

1.1. Project Description 10

1.2. Project Benefits and impacts 11

1.3. Measures to minimize impacts 12

1.4. Objectives of the Resettlement Plan 13

Chapter 2 : Project State and Subproject District 14

2.1. Project State 14

2.2. Subproject Districts 15

Chapter 3 : Findings of the Resettlement Census Survey 17

3.1. Objectives of the Resettlement Census Survey 17

3.2. Methodology 17

3.3. Findings of the Resettlement Census survey 17

3.4. Gender impacts of the subproject 23

3.5. Scope of the Land & Assets Acquisition 25

3.6. Impact on Agricultural land 27

3.7. Impact on Residential Assets 29

3.8. Impact on Commercial Assets 33

3.9. Impact on Residential cum Commercial Assets 36

3.10. Awareness & Perceptions of the affected households on the 41 subproject

Chapter 4 : Impact on Indigenous Peoples in the Project Area 43

4.1. Schedules Tribes (ST) in Jharkhand 43

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

4.2. Key impacts of the Project on ST Households 43

4.3. Involuntary Resettlement Impacts on Scheduled Tribes 47

4.4. Mitigation measures for ST Households 51

Chapter 5 : Resettlement norms Framework & Entitlement Matrix 53

5.1. Introduction 53

5.2. Policy Framework – Review of Resettlement Policies, Legal 53 Framework & ADB Requirements

5.3. ADB Policy on Involuntary Resettlement 54

5.4. Similarities & Differences between NPRR & ADB Policy 55

5.5. Resettlement Policy & Principles for the subproject 58

5.6. Entitlement Matrix 59

5.7. Cut-off Date 64

5.8. Valuation of affected assets 64

5.9. Disposal of Acquired Property 65

Chapter 6: Consultations & Stakeholder Participation 67

6.1. Introduction 67

6.2. Methods of community consultation 67

6.3. Consultation – Scope & Issues 68

6.4. Feedback from Consultations 68

6.5. Disclosure of the Resettlement Plan 72

6.6. Plan for further Consultations and Community Participation during 73 Project Implementation

Chapter 7: Institutional Framework 74

7.1. Introduction 74

7.2. Executing Agency 74

7.3. Roles & Responsibilities 74

7.4. RP Implementation Schedule 78

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Chapter 8: Cost Estimates & Budget 82

Chapter 9 : Monitoring & Evaluation 86

9.1 Need for monitoring 86

9.2 Monitoring at EA level 86

9.3 Stages of Monitoring 87

9.4. Reporting Requirements 89

LIST OF ANNEXES

Annexure I : Resettlement Survey Questionnaires

Annexure II: Terms of reference for the NGO/agency

Annexure III: Terms of Reference for an External Monitoring & Evaluation Agency/Consultant

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

LIST OF ABBREVIATIONS

ADB Asian Development Bank

BSR Building Schedule Rates

BPL Below Poverty Line

EA Executing Agency

FGD Focus Group Discussions

GOI Government of India

GRC Grievance Redressal Cell

HH Household

IPSA Initial Poverty & Social Assessment

IP Indigenous Peoples

JH Jharkhand

Kms Kilometers

LA Land Acquisition

NGO Non-Government Organizations

NPRR National Policy on Resettlement & Rehabilitation

PPTA Project Preparatory Technical Assistance

PRA Participatory Rural Appraisal

RP Resettlement Plan

RO Resettlement Officer

R&R Resettlement & Rehabilitation

SC Schedule Caste

Sq.mts Square Meters

ST Schedule Tribe

TORs Terms of Reference

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

EXECUTIVE SUMMARY

A. The Project

In accordance with ADB’s procedure for Project lending, a project road has been selected in the state of JH for project preparation and processing. This subproject comprises of the upgradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet – Sahibganj comprising of a total length of 310.7 kms, traversing through a total of six districts in the state. This existing road will be converted into a 2 lane State Highway under the Project.

B. Project Benefits and Impacts

The Project will augment connectivity between the six districts (Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahibganj) and will lead to the easy accessibility of the local people to essential socio-economic services such as health care, education, administrative services and trade centres enhancing the general quality of life. One of the key problems faced by the local people presently is the lack of means of transport, as very few public transport ply on these roads due to the poor road condition. The limited transport vehicles that do ply charge nearly double fare particularly making accessing socio-economic services difficult for the poor communities in the area. The Project, by improving road condition, is anticipated to improve access and transport options manifold thereby benefiting the locals particularly the poor.

The Package II from Jamtara to Dumka is 82 kms long of which 6.5 kms comprises of the Dumka Bypass. This second package starts from endpoint of Jamtara Bypass - Bagdaha more – Fatehpur more – Nichitpur – Vijaipur – Dudhani more and ending at the starting point of Dumka Bypass. The corridor passes through two built up areas such as Fatehpur Market and tribal village of Kadma, Sonajori etc, where availability of RoW is narrow.

As part of the Project, the existing road in Package II would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters1. Taking into account the widening involved, despite the anticipated social economic benefits, the Project will necessitate land acquisition hence entailing involuntary resettlement. In order to assess the Project level resettlement impacts, a detailed census survey was undertaken

1 In case of Jamtara & Dumka bypass, in some places a total widening of 45 meters will be undertaken taking into account technical specifications. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section packagewise from May 2008 onwards. During the survey, it is estimated that a total of 1235 households will be affected in Package II – Jamtara- Dumka subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of 99.78 acres of land and 1888 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets, trees etc) will be affected as a result of the subproject improvements.

The data gathered from the census survey reveals that amongst the affected 1235 households, the majority 55% will incur loss of agricultural land, followed by 34% households incurring loss of residential structures. In addition, 3% will incur impact on Commercial assets and 7% on residential cum commercial assets. Table A presents a summary profile of the affected project population in the subproject as a whole.

Table A: Summary Profile of Affected Population in Package II – Jamtara- Dumka

Description Units

Total Project Affected Households 1235 households

Total Project Affected Persons 8272 persons

Total land getting affected 99.78 acres

Average Family Size of affected households 6.6 persons

Out of the total, No. of Affected Households with 745 households vulnerabilities

Out of the total, No. of Affected Households 217 households2 getting displaced

Total No. of Affected Employees 76 Employees

Total No. of Affected Tenants 72 Tenants

Majority of the households deriving their incomes and livelihoods from more than one Main Occupation of Affected households source namely – Agriculture, Trade & Business, government service, private service, non- agriculture labor etc.

Source: Resettlement Census Survey, 2008

2 Of these 217 households, 138 households will incur severe affect on their residential asset making them non-livable. Out of these 51 households voiced the need for self managed relocation since they have sufficient land available at the existing dwelling locations along the road on which they can rehabilitate their assets. In case of the 26 households incurring severe impact on Commercial structure and 53 households on Resi cum Commercial assets, 36 households will not be physically displaced and will have sufficient land at the back of the existing structure so as to restore and shift their assets.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

C. Measures to Minimize Impact

All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent, adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. The key technical efforts undertaken to minimize impacts comprise of – provision for - a) Community bypasses in several village areas and built up areas and into a more rural setting, b) reduction of Alignment & following existing road alignment in critical areas, and c) adoption of toe wall approach in embankment construction.

D. Objective of the Resettlement Plan

The resettlement plan (RP) is guided by the National R&R Policy - 2007, JH R&R norms – 2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006).

The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. The RP is based on the general findings of the resettlement census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.

E. Stakeholder Participation and Disclosure of RP

Local level stakeholders were consulted in the subproject area while conducting initial social and poverty assessment. Similarly, due consideration was also given for Stakeholder consultations and community participation at different levels during RP preparation.

A summary of this Resettlement Plan (RP) will be translated into Hindi and Santhali and will be made available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of subproject-level Disclosure workshops prior to loan negotiation. Copies of summary RP will also be made available at the local level public offices such as revenue offices and gram panchayat to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RP will also be disclosed on the ADB Website.

F. Implementation Arrangements & Grievance Redressal Cell

Executing Agency (EA) of the State Road Project in Jharkhand is the Road Construction Department (RCD) of the State government and will be responsible for overall strategic guidance, technical supervision, execution of the project, and ensuring compliance with the loan covenants. Project Implementation Cell under Road Construction Department will be established in Ranchi. This PIC will be headed by a full-time Director (ADB Project) reporting to the Secretary – RCD.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

PIC would also ensure monitoring any changes to the subproject design. In case of change in subproject design thereby entailing change in resettlement impacts, a re- evaluation and updating of the RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website after ADB review and approval. PIC would also ensure that resettlement budgets are delivered on time for RP implementation. A field based District level Implementation Cell, headed by an Executive Engineer and assisted by a dedicated R&R Officer (RO) to implement the RP, will be responsible for the day-to-day implementation of the RP. This DIC will be assisted by local NGO/R&R implementation agency.

In order to resolve and address the grievances of the communities and people affected, a Grievance Redressal Cell would be established at the District Implementation Cell level. This Cell will comprise of the Executive Engineer, local NGO representative, community leaders (non- political), representatives of affected persons including women and vulnerable groups.

To facilitate inter-departmental coordination as well as ensure speedy resolution of issues and grievances of the communities, a District level task force chaired by District Collector and comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO), Executive Engineer and Additional District Magistrate and Relief Officer has been constituted at the each district level.

All compensation and other assistances3 will be paid to all APs prior to commencement of civil works. A detailed implementation schedule for the various activities is provided in Figure 7.2 in the main text.

G. Budget

The total estimated cost for resettlement operation and management for the Project is Rs. 23,37,73,134 (US $ 55,66,027).

H. Training, Monitoring & Evaluation

An orientation and training in resettlement management will be provided under the Project by the ADB Consultant on NGO Engagement to the NGOs focusing on issues concerning - (i) principles and procedures of land acquisition; (ii) the policies and principles agreed under the ADB loan; (iii) public consultation and participation; (iv) entitlements and compensation disbursement mechanisms; (v) Grievance redressal and (vi) monitoring of resettlement operation.

The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for the PIC, which will oversee the timely implementation of R&R activities. Internal Monitoring will be carried out by the PIC and its agents, such as NGOs/R&R

3 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Implementation agency and will prepare monthly reports on the progress of RP Implementation.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

CHAPTER I:

THE PROJECT

1.1. Project Description

The Jharkhand (JH) State Highway Project entails the up gradation and improvement of the existing State roads of Jharkhand with ADB assistance under the ADB’s Country Operations Business Plan (2007-2009). The project will rehabilitate the deteriorated and damaged state road corridors to provide reliable road transport services and hence reduce poverty in the long term. The Executing Agency (EA) for this project will be the Jharkhand State Road Construction Department (JHRCD), which is responsible for about 6800 kms roads consisting of NH’s, SH’s and District roads. In accordance with ADB’s procedure for Project lending, a project road has been selected in the state of JH for project preparation and processing. This subproject comprises of the up gradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet – Sahibganj comprising of a total length of 310.7 kms, traversing through a total of six districts in the state. This existing road will be converted into a 2 lane State Highway under the Project. The sample subproject has been sub-divided into a total of four packages which are illustrated in Table 1.1 below:

Table 1.1: Detail of the sample subproject

Package Name of the Package Districts Covered Length (in kms)

Package I Govindpur – Jamtara Dhanbad, Jamtara 69.7 Km

(Jamtara Bypass) 11.0 km

Package II: Jamtara – Dumka Jamtara, Dumka, 75.5 Km Deoghar (Dumka Bypass) 6.5 km

Package III: Dumka – Barhet Sahibganj, Dumka, 98.1 Km Pakur

Package IV Barhait – Sahibganj Sahibganj 49.9 Km TOTAL 6 districts 310.7 kms

The project corridor passes through six districts of newly formed state of Jharkhand that are Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahibganj. The project region is situated in the north east of the state adjacent to West Bengal of which Dhanbad, Jamtara, Dumka, Deoghar and Sahibganj are the main towns. Dhanbad, known as the “Coal capital of India”, a big city along the National Highway (NH-2) popularly known as GT Road, is the nerve center of production and distribution of the coals due to its with all weather road connectivity.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

1.2. Project Benefits and Impacts The state roads network mainly comprises of the State Highways (SHs), Major District Roads (MDRs), Other District Roads (ODRs) and Rural roads (RR). The project aims at improving the state road mainly comprising of state highway and converting it into a two lane State Highway (SH) by upgrading and rehabilitating the existing road. The Project will augment connectivity between the six districts (Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahibganj) and will lead to the easy accessibility of the local people to essential socio-economic services such as health care, education, administrative services and trade centres enhancing the general quality of life.

One of the key problems faced by the local people presently is the lack of means of transport, as very few public transport ply on these roads due to the poor road condition. The limited transport vehicles that do ply charge nearly double fare particularly making accessing socio-economic services difficult for the poor communities in the area. The Project, by improving road condition, is anticipated to improve access and transport options manifold thereby benefiting the locals particularly the poor.

The Package II from Jamtara to Dumka is 82 kms long of which 6.5 kms is the Dumka Bypass. The corridor takes off from the endpoint of Jamtara Bypass passes through Fatehpur Market and reaches Dumka via the Dumka Bypass. The sub project corridor in this package passes through tribal village like Kadma, Sonajori etc, where availability of ROW is narrow.

As part of the Project, the existing road would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters4. Though the Project will involve improvements to a two lane standard, the land acquisition undertaken by the government is as per the four-lane expansion criterion taking into account future expansion needs. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.

In order to assess the Project level resettlement impacts, a detailed census survey was undertaken package wise from May 2008 onwards. During the survey, it is estimated that a total of 1235 households will be affected in Package II Jamtara – Dumka subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of 99.78 acres of land and 1888 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets, trees etc) will be affected as a result of the subproject improvements.

The data gathered from the census survey reveals that amongst the affected 1235 households, 55% will incur loss of agricultural land, followed by 34% households incurring

4 In case of Jamtara & Dumka bypass, in some places a total widening of 45 meters will be undertaken taking into account technical specifications.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section loss of residential structures. In addition, 3% will incur impact on Commercial assets and 7% on residential cum commercial assets.

Of the total 1235 affected households covered during the survey, only 5 households comprised of those incurring more than one type of loss. Table 1.2 presents a summary profile of the affected project population in the subproject as a whole.

Table 1.2: Summary Profile of Affected Population in Package II: Jamtara- Dumka

Description Units

Total Project Affected Households 1235 households

Total Project Affected Persons 8272 persons

Total land getting affected 99.78 acres

Average Family Size of affected households 6.6 persons

Out of the total, No. of Affected Households with 745 households vulnerabilities

Out of the total, No. of Affected Households getting 217 households5 displaced

Total No. of Affected Employees 76 Employees

Total No. of Affected Tenants 72 Tenants

Source: Resettlement Census Survey, 2008

1.3 Measures to minimize impact

5 Of these 217 households, 138 households will incur severe affect on their residential asset making them non-livable. Out of these 51 households voiced the need for self managed relocation since they have sufficient land available at the existing dwelling locations along the road on which they can rehabilitate their assets. In case of the 26 households incurring severe impact on Commercial structure and 53 households on Resi cum Commercial assets, 36 households will not be physically displaced and will have sufficient land at the back of the existing structure so as to restore and shift their assets.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

1. Community bypasses in several village areas – Local realignments of the main route that have been introduced in order to shift the roadway (required to be widened to 12m overall) out of the built up areas and into a more rural setting. By doing so, this reduces the number of parcels / property owners affected by land acquisitions needed to meet the new RoW requirements. It also reduced the number of roadside building to be demolished.

2. Alignment - Outside of developed areas, the design has to the extent possible, followed the existing road alignment. This has led in some case to what may be considered to be a somewhat 'sub-standard' geometric alignment for a new state highway facility but offers the advantage of minimizing impact on adjacent agricultural and forest areas.

3. Embankment construction - The introduction of 'toe' retaining walls in some areas of high fill construction in order to reduce the width of new RoW required. Furthermore, in a few areas the embankment is required to be constructed in or close to existing ponds. The 'toe' wall approach reduced the extent of the encroachment into important local resources.

4. Traffic management during construction – As far as possible the design has included for the reconstruction of cross drainage structures to be in the same location as the existing that they are to replace and for the use of single-lane traffic flows during construction work. In several case, this has eliminated the need for temporary road detours at such sites leading to corresponding reductions in (temporary) property acquisition and disturbance of local property usage.

1.4 Objective of the Resettlement Plan

The resettlement plan (RP) is guided by the National R&R 2007, JH R&R norms – 2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006).

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

CHAPTER II:

THE PROJECT STATE & SUBPROJECT DISTRICTS

This chapter presents an overview of the Project state highlighting the central issues for development such as demographic trends, state of the economy, poverty, literacy, and trends in urbanization. Socio-demographic as well as economic realities of the subproject districts falling in Package II namely Jamtara, Deoghar and Dumka has also been detailed below.

2.1. The Project State The state of “Jharkhand” (JH) as the name suggests spreads over most of the mountainous plateau and forest region of the erstwhile State of Bihar and covers most of Chotta Nagpur Region. Jharkhand became the 28th State of the Indian Federation on November 15th 2000. The State originally comprised of 18 districts. Later on, four new districts Simdega (out of Gumla), Latehar (out of Palammu), Saraikela (out of West Singhbhum) and Jamtara (out of Dumka) were carved out making 22 districts. Table 2.1 below presents the key socio-demographic data of the State and subproject districts falling in Package II. Table 2.1: Key socio-demographic data of the state and the Project districts

Decadal Growth Population Sex Ratio Density District Rate 2001 1991 2001 1991 2001 1991 2001 Jamtara 544,856 20.56 21.42 920 948 230 310

Deogarh 1,161,370 31.64 24.46 911 914 376 468

Dumka 1,754,571 23.05 17.31 955 961 241 282 Jharkand State 26,909,428 24.03 23.19 922 941 274 338

Source: Census of India, 2001

2.1.1. Socio – Demographic Profile6

Location: The state of Jharkhand is bordered by Bihar, Madhya Pradesh, Orissa and West Bengal to its north, west, south and east respectively. The state is a plateau about 900 m above sea level. The highest part of the plateau is Netarhat, which has an elevation of 1100 m. The Parasnath Hill is the highest point with an elevation of 1460 m. The plateau is full of mountain ranges covered with dense forests. A number of rivers and rivulets flow down through the hilly terrains and valleys.

6 Source of information is Census Report, 2001 and Secondary data.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Demographic Trends: Population of Jharkhand on 1st March 2001 was 269,45,829 which gives it 13th place among 28 States and 7 Union Territories of India. The population ratio between the State and India is 2.13 percent. Male to female ratio in the state is 941 females per 1000 males while in 1991 it was 922 females per 1000 males. The total area of the new state is 79.714 Sq.km which is 2.52 percent to that of India. The density of Population in Jharkhand is 274 persons per Sq. km with a rate of increase in population during 1991-2001 of 23.19%, slightly higher than the India’s growth rate of 21.34%. Out of the total population, ST comprises 26.3% of the total (7,087,068) and SC comprises 12% (3,189,320). The state has a total of thirty (30) Scheduled Tribes. The Scheduled Tribes are primarily rural as 91.7per cent of them reside in villages. Santhal, Oraon, Munda, Ho, Kharia, Bhumij, Lohra and Kharwar are the major tribes found in the State of Jharkhand. The main languages spoken in Jharkhand are Santhali, Mundari, Kurukh , Khortha Nagpuria, Sadri, Kharia, Panchparagnia, Ho, Malto, Karmali, Hindi, Urdu, and Bangla. In some pockets Oriya, and Bhojpuri are also spoken.

Literacy: The recent literacy rate in the state is 54.13%, up from 41.39% in 1991 and it is second from the bottom among 28 States and 7 Union Territories. The female literacy rate improved from 25.52 per cent in 1991 to 39.38 percent in 2001.

2.2 Subproject Districts7

The following section presents a brief profile of the project districts

2.2.1. Jamtara District

The Jamtara district is situated in the state of Jharkhand and lies between 23°10’ N to 24°5’ N latitude and between 86°30’ to 87°15’ East longitude. The district covers an area of 177743 ha with total population of 5,97,287. Out of this male constitutes 51% and female constitutes 49% of the total population. The district is administratively divided into 1084 villages, 4 blocks and 118 panchayats.

Jamtara has an average literacy rate of 66%, higher than the national average of 59.5% with male and female literacy of 75% and 57%.13% of the population of Jamtara is under 6 years of age.

The Jamtara district has 65721 Ha of agricultural land. Out of this, irrigated area is only 5390 Hcs. The major crop grown in the district is paddy and other crops are wheat, pulses and vegetables. The forest area in the district is 7104 Ha.

2.2.2. Deoghar District

The Deoghar district is situated in the state of Jharkhand and is located at 24.48° N 86.7° E. It has an average elevation of 254 metres (833 feet). The district covers an area of 2479 sq kms with total population of 9,33,113. Out of this males constitutes

7 Source of information is Census Report, 2001 and Secondary data.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

52% and females constitutes 48% of the total population. The percentage of people living in rural and urban area is 86% and 14% respectively.

Deoghar has an average literacy rate of 76%, higher than the national average of 59.5% with male and female literacy of 82% and 69%. 12% of the population is under 6 years of age. Paddy is the main crop grown in the area.

2.2.3. Dumka District

The Dumka District is situated in the state of Jharkhand and is located at 86 16" North latitude and 87 15" East longitude. It is situated at the height of 472 ft from the sea level. The District covers an area of 3716.02 Sq.km with the population of 1106521. Out of this males constitute 51% and females constitute 49% of the total population. The male female ratio in the area is 962 females per 1000 males. The district is administratively divided into 2943 villages, 10 blocks and 20 Panchayats.

Dumka has an average literacy rate of 38.08%, lower than the national average of 59.5% with male and female literacy of 49.98% and 25.71%. 12% of the population is under 6 years of age.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

CHAPTER III:

FINDINGS OF THE RESETTLEMENT CENSUS SURVEY

The effective preparation and implementation of a Resettlement Plan largely depends to a large extent on appropriate and accurate socio-economic and resettlement census surveys of the affected households. The following chapter presents and discusses the findings of the resettlement census survey undertaken on the Package II: Jamtara- Dumka in May- June 2008.

3.1 Objective of the Resettlement Census Survey

The resettlement census survey is a comprehensive survey that covered 100% households getting affected by the subproject (Pkg II), irrespective of their entitlement or ownership status. This survey was undertaken along the subproject by a trained survey team comprising of social researchers.

The objective of the census survey was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A schedule was prepared to collect detailed information on the socio-economic status of the affected persons and households. In addition, considering the type of loss namely – residential, commercial, residential-cum-commercial, land & trees etc, of the AP a loss-specific schedule was filled for that AP. A copy of the survey tools used during the census survey is annexed as Annexure 1.

The census survey identified a total of 1235 affected households comprising of 8272 persons will be affected by the subproject.

3.2 Methodology

The key methods employed by the team during the course of the survey are in order:

• Marking of affected assets and structures as per the engineering design;

• One-to-one household interview with the affected households;

• Small group consultations, key informant interviews and focus group discussions were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials and property dealers during the survey.

3.3 Findings of the Resettlement Census survey

The following section will analyze the key data findings of the census survey.

3.3.1 Introduction

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

The resettlement census survey carried forth in May- June 2008 in the subproject section of Jamtara – Deoghar – Dumka districts identified 1235 affected households, consisting of 8272 affected persons and a total land acquisition of 99.78 acres. Of the 1235 affected households in the subproject, section, more than half i.e. 51% of them are in Dumka, followed by 37% of them in Jamtara and the rest 12% are in the Deoghar district (See Table 3.1).

The affected households in the Subproject section would suffer losses of agricultural residential, commercial as well as residential cum commercial assets. Additionally, few affected households would incur multiple losses of assets implying that they would lose more than one type of assets. The survey has identified 5 such households whose both agricultural as well as residential assets located adjacently along the project road would be affected. Of those, 60% of them are in Jamtara and the rest 40% in Dumka. No such affected households were found in Deoghar. The following table illustrates the type of losses incurred by the affected households on the subproject section:

Table 3.1 :District wise Description of Type of Loss Districts Type Of Loss Grand Deoghar Dumka Jamtara Total Agriculture 39 436 205 680 More Than One - 2 3 5 Commercial 5 29 4 38 R+C 27 21 43 91 Residential 80 145 196 421 Grand Total 151 HH 633 HH 451 HH 1235 HH Source: Resettlement Census Survey, May- June ‘08

The survey data revealed that majority of the affected households (1235) would incur loss of agricultural land. In the entire subproject section, 55% of affected households consisting of 680 households would suffer a direct impact on their agricultural assets. Another 34% of the affected households would lose their residential assets falling along the project road.

Commercial structure belonging to 3% of the 1235 households would be affected by way of project. Additionally, the residential cum commercial assets of 91 households constituting 7% of the total affected households would be affected. .

The following section enumerates the socio-economic profile of the affected households identified in the resettlement survey who would bear losses in the subproject section by way of the project.

3.3.2 Socio Economic Profile of the Affected Households

A. Vulnerability

There are certain sections of the society who suffer from socio-economic disabilities that result in their exclusion as an individual, family and community from meaningful participation in the society. Thus, they are rendered at the lowest rung of the development ladder. More often than not, they are placed at a disadvantaged position

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section and consequently endure the adverse effects of any development project rather than reap the benefits of the same.

There are a certain parameters by way of which these disadvantaged populations are termed as marginalized or vulnerable like families that fall Below Poverty Line, female-headed households, and Scheduled Castes/Scheduled Tribes etc.

The census survey data brought forth that 60% of the affected households are classified as vulnerable (See table 3.2).

Table 3.2 :District Wise Description Of Type Of Vulnerability District Grand Type Of Deoghar Dumka Jamtara Total Vulnerability In In In In No.S %Age In No.S %Age In No.S %Age

BPL 3 7.14 27 64.28 12 28.57 42

Disabled - - 3 60 2 40 5

Elderly 4 13.79 11 37.93 14 48.27 29 Female Headed Households - - - - 1 100% 1

Maginal Farmers - - 6 100 - - 6

Scheduled Caste 2 16.66 3 25 7 58.33 12 Scheduled Tribes 52 9.17 319 56.26 196 34.56 567

More Than One 7 8.43 57 68.67 19 22.89 83

NA 83 16.93 207 42.24 200 40.81 490 Grand Total 151 HHs 633 HHs 451 HHs 1235 HHs Source: Resettlement Census Survey, May- June ‘08

As seen in Table 3.2 above, 567 affected households are categorized as ST families. This is by far the largest category of vulnerability found in the subproject section constituting 46% of the total affected households. A detailed description of the socio economic profile of the ST households in the subproject section is given in Chapter 4.

Another 3% of the affected households are categorized as BPL. Here too maximum number of such households is in Dumka i.e. 27 households out of the 42 households identified as BPL.

However, about 7% (83 HHs) of the affected households are those who suffer from multiple vulnerabilities and it is pertinent to note that, nearly 88% of the households categorized as those with multiple vulnerabilities are ST households. This further raises the number of ST households affected by the project.

Further, the maximum number of households (31) falling under this category is both ST and BPL. In the entire subproject section only one households in Jamtara has been classified as female-headed household. In addition, 29 households have been identified as those headed by elder persons.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

B. Family System

In the subproject section, the resettlement survey data revealed that about 64% of the affected households are nuclear families consisting of 5 or less than 5 members. This trend of nuclear family system is seen more in Dumka where 431 of the 787 affected households reside. This is important, as Dumka is a major urban town in the project State. In fact, it is considered the Second Capital of Jharkhand after Ranchi and hence home to a number of politicians as well as government servants. Hence, we can clearly see an urban pattern of nuclear family system increasingly here. Table 3.3 enumerates the same:

Table 3.3 :District wise Description of Family type Affected District Grand DEOGHAR DUMKA JAMTARA Total Family Type In In In In No.S %Age In No.S %Age In No.S %Age

Extended 24 13.63 63 35.79 89 50.56 176

Joint 39 16.45 105 44.30 93 39.24 237

Nuclear 88 11.18 431 54.76 268 34.05 787

NA - - 34 97.14 1 2.85 35 Grand Total 151 HH 633 HH 451 HH 1235 HH Source: Resettlement Census Survey, May- June ‘08

It can be seen that very few affected households as compared to the number of nuclear families continue to live in joint and extended families. Only 19% (237 HHs) of the total affected households live in the traditional Indian joint family system having 10-15 members. Here too, 44% of these families reside in Dumka. This is largely in the urban agglomeration around the main town of Dumka.

The data brought forth that 14% of the total affected households live in extended families. These families would have more than 15 members residing together. In this case, 89 of the 176 affected households continuing to live in extended family system reside in Jamtara.

The average family size in the subproject section was seen to be 6.6 members per family.

C. Educational Attainments

The census survey conducted in May- June 2008 brought forth that the educational attainments in the subproject area are very low. It is seen that more than half (56%) of the affected households are illiterate. Further, of these, 691 households identified as illiterates, almost half i.e. 349 HHs are in Dumka.

Only 13% of the respondents have completed their primary level of education and less than 2% of them are graduates. Additionally less than 1% of the respondents have completed their post graduation.

There are numerous Government as well as private especially Missionary schools in the subproject section. However, the census data has clearly defined that not many

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section access these services. One of the key reasons that emerged from the interactions during the survey with the community is the poor state of the roads that limits them to access even primary education sometimes, which may be in a far off village. Hence, given this premise, few people completed their basic education and even fewer their higher studies. This is well substantiated in the data from the resettlement census survey and indicative of the relevance of the project.

The following Table (3.4) gives the details of the educational status of the affected households in the subproject section.

Table 3.4 :District wise Description of Educational Attainment District Grand Educational DEOGHAR DUMKA JAMTARA Total Status In In In In No.S %Age In No.S %Age In No.S %Age Functional Literacy 2 66.66 1 33.33 - - 3

Graduate 3 16.66 8 44.44 7 38.88 18

Higher 44 Secondary 11 22 22 17 34 50

Illiterate 88 12.73 349 50.50 254 36.75 691

Middle School 15 9.14 88 53.65 61 37.19 164

Post Graduate 2 25 2 25 4 50 8

Primary 18 11.25 75 46.87 67 41.87 160

Secondary 12 11.53 54 51.92 38 36.53 104

NA - - 34 97.14 1 2.85 35

NO RESPONSE - - - - 2 100 2 Grand Total 151 HH 633 HH 451 HH 1235 HH Source: Resettlement Census Survey, May- June ‘08

D. Primary Source of Income

One of the key economic activities in Jharkhand is agriculture and hence a large majority of the population depends on it for earning their livelihood. Additionally, the State is well endowed with natural minerals and is home to many key industries of the country like Bokaro Steel Plants, Tata Steel, Bharat Cooking Coal Ltd etc. Apart from these avenues of income, the people of the State are engaged allied agricultural activities, forestry, daily wage labour both agricultural as well as non-agricultural activities. Thus, generally most of the people derive their livelihood form diverse sources. Moreover, the findings of the census survey substantiate the same.

As can be seen in Table 3.5, majority affected persons depend on multiple sources of income like agriculture, dairy, trade, business. Nearly 77% (957) of the households eke their living from more than one source of income. Thus, it implies that these

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section affected households are involved in various economic activities depending on the availability of opportunity for the same.

The following table (3.5) shows the various primary sources of income of the affected households:

Table 3.5 :District wise Description of Primary Sources of Income of the AHH District Primary Sources DEOGHAR DUMKA JAMTARA Grand Total Of Income In In In In No.S %Age In No.S %Age In No.S %Age

Agriculture 29 16.86 61 35.46 82 47.67 172 Agriculture Labour - - 1 50 1 50 2 Non Agriculture Labour 2 7.40 14 51.85 11 40.74 27

Govt. Service 3 37.5 3 37.5 2 25 8

Hh Industry - - - - 1 100 1

Profession - - 1 50 1 50 2

Trade/Business 7 28 6 24 12 48 25

Multiple Source 108 11.28 512 53.50 337 35.21 957

Any Other 2 33.33 1 16.66 3 50 6

NA - - 34 97.14 1 2.85 35 Grand Total 151 HH 633 HH 451 HH 1235 HH Source: Resettlement Census Survey, May- June ‘08

Though the maximum number of households are dependent on various economic activities for their livelihood, 172 households or 14% of the total affected households depend solely on agriculture for their source of living. Further, such households are present in Jamtara, which accounts for 48% of households solely dependent on agriculture.

Additionally, it is seen that 27 households in the subproject section depend entirely on non-agricultural labour to eke out a living for themselves. These involve construction activities of the public sector as well as private sector, masonry, head load workers etc. There are many reasons for such large number of households engaging in non- agricultural labour. One of the primary reasons is the erratic monsoon in State on which most of the farmers depend. There are not much irrigation facilities available in the villages, which further brings down the productivity of the land. In addition, the State is prone to floods as well as bouts of droughts that devastates the hopes and hard work of the farmers carrying with it the crops. This forces many households to explore other sources of income. And coupled with this, the low levels of education prevalent in the State, hardly presents many with better opportunities than daily wage labour.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

About the distribution of the households deriving their income solely from non- agricultural labour, it can be seen that more than half of them are from Dumka (52%) followed by Jamtara with 41% and rest 7% of them in Deoghar.

In the subproject section, only 2% of the affected households derive their source of income from trade/business only and do not depend on any other source of income for their livelihood.

3.4 Gender Impacts of the subproject

3.4.1 Gender Analysis

Like many other countries in the developing world, Indian women too fare worse than men on most of the social indicators. Gender Development Index (GDI) which adjusts the average achievement of each country in life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, is a powerful tool for tracking the trends in women’s development. India with GDI value of 0.591 ranks 96th in the World (UNDP Human Development Indicators 2004) - this exhibits the lower value placed on women in India.

In comparison to the all-India sex ratio of 933 females per 1000 males, the state of JH fares better off with a sex ratio of 941 females per 1000 males (Census 2001). The subproject district wise sex ratio in purview of national context, the three subproject districts of Jharkhand have a higher ratio than the national ratio.

Literacy rate is another parameter to assess the status of women in the society. Table 3.6 below presents the literacy rate among the male and female population at the national, state and project districts level. The literacy rate prevalent in Jamtara is almost equal to the national level and higher than the state average while in Deoghar it is higher than both the national and state levels. However, Dumka has lower literacy levels than the national, state as well as the other two districts average. Among all the districts the female literacy rate is lower than the male literacy rate.

Table 3.6: Literacy rate of the Project districts

S.No. State/Districts Literacy rate (%) Male Female

1. India 65.38 75.96 54.28 2. Jharkhand 54.13 67.64 38.39 3. Jamtara 66 75 57 4. Deogarh 76 82 69 5. Dumka 38.08 49.98 25.71 Source: Resettlement Census Survey, 2008

Through the discussions and consultations held with the women, villagers and teachers in the project area, it was found that at the primary level the enrolment ratio of male and female is 50:50 but as the level increases the number of the female enrolment decreases with a sharp drop-out particularly after the middle school amongst the girls. One of the reasons quoted for the drop-out amongst girls was

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section voiced as the unavailability of higher schools in and around the village and the lack of connectivity to the higher level education due to which many households on security and mobility grounds decline from sending their girls to school outside the village.

The Maternal Mortality Rate (MMR) in the state of Jharkhand is 504 maternal deaths per 100,000 live births against the national MMR of 540. The majority of the child births in the Project area and villages, as shared by the Anganwadi and local community, take place at home by the traditional Dais (midwives). In some tribal villages, women shared usage of axe for cutting of the umbilical cord of the newly born baby by the local dais raising serious concerns on aspects of health, and hygiene issues. On discussion with women groups, it was found that the major health problems faced by the women in the project area comprise of malaria, anaemia, maternal anaemia, jaundice and sexually transmitted diseases (STI). For the treatment of these diseases, in majority of the cases women either access the Public Health Centres in the villages or to the local doctors (quacks) and ANM’s. Only in case of the serious health problem, they go to the Hospitals situated in the nearest districts. One of the barriers to accessing health facilities was pointed out as poor road condition by women. They shared that since the road condition is so poor that they largely take recourse to the medicine given by the local quacks for their ailments. Accessing health facilities become near impossible for many during night time and during rainy season particularly during child birth risking the life of both mother and child in case of emergencies.

Gender analysis was also undertaken during the course of the social assessments to look into the current status and needs of the women in the study area and the potential impact of the Project on them by means of undertaking PRA techniques such as decision-making, mobility mapping etc. In addition, series of FGD’s were held with women belonging to various socio-economic groups in the subproject /package area to capture women’s collective perceptions about social, economic and cultural norms and their ability to access facilities. Women’s were also consulted to take their views and perceptions on the Project impacts.

3.4.2 Gender impacts of the Project

The augmentation of road network and services, as per the women participants, will have far-reaching impacts on them and their lives. Firstly, they expressed that their mobility will be greatly enhanced. The Project would definitely augment the frequency and quality of the transport, thereby further improving access of women to various services and by and large women of various castes and communities on each of the project packages expressed the need for the road construction. They were of the opinion that they will especially benefit from the Project, since their mobility will be augmented both in terms of access to social services, as well as access to higher levels of schooling. The road construction would also considerably augment their access to higher levels of health care outside the village. In other words, the Project will provide both men and women and offer special benefits to women by increasing the opportunity for girls to access middle level and higher education, and the access

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section for women and children to improved local services and higher levels of health care outside the village.

However, in terms of safety, women voiced some concerns particularly with regard to the safety of their children as they were of the opinion that the widening & up gradation of the road would increase the number of the vehicles thereby increasing the safety hazards for children, elderly as well as women. Another negative impact of the project considered by women is the loss of the assets that includes the land, houses and other assets.

The Project is anticipated to have direct adverse impacts on a total of 13 FHHs. Table 3.7 below enumerates the impacts on Female headed households (FHH). As enumerated in the Table below, the majority of the FHH will incur impact on agricultural land followed by impact on residential assets.

Table 3.7: Districtwise impact on Female headed households Name of the District Grand Deoghar Dumka Jamtara Total Type of Loss In No.s In %age In No.s In %age In No.s In %age

Agriculture Land - - 3 50 3 50 6

Commercial Asset - - - - 1 100 1 Residential Asset & Other Losses8 1 100 - - - - 1

Residential Asset 5 100 - - - - 5 Grand Total 6 3 4 13 Source: Resettlement Census Survey, 2008

However, adequate provisions have therefore been made in this RP to provide additional assistance to these FHH so as to restore their livelihood.

3.5 Scope of Land & Asset Acquisition

3.5.1. Types of Project Impacts

As mentioned in the previous section a total of 99.78 acres of land would be acquired for the Package II subproject construction. The proportion of the land is higher also as the package also includes construction of a 6.5 long - new bypass.

The affected land comprises of agricultural, commercial, residential as well as residential cum commercial land apart from structures. The following Table 3.8.A lists the different types of losses being incurred by the 1235 affected households.

Table 3.8.A :District wise Description of Type of Loss Districts Type Of Loss

8 Other losses comprise of asset such as store, temple, cattle shed and garage.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Grand Deoghar Dumka Jamtara Total Agriculture 39 436 205 680 More Than One - 2 3 5 Commercial 5 29 4 38 R+C 27 21 43 91 Residential 80 145 196 421 Grand Total 151 HH 633 HH 451 HH 1235 HHs Source: Resettlement Census Survey, May- June ‘08

Based on the above table it is ascertained that a total of 1235 households will be affected as a result of the project and will incur a variety of losses. The details of the total affected assets are provided in Table 3.8.B below. A total of 1883 assets belonging to 1235 households will be affected as a result of the subproject.

Table 3.8.B:District wise Total Number of assets getting affected District Type Of DEOGHAR DUMKA JAMTARA Grand Total Loss In In In In No.s %age In No.s %age In No.s %age

Agriculture 88 6.62 917 69.05 323 24.32 1328 Plots

Residential 80 18.77 147 34.50 199 46.71 426 Assets

Commercial 5 13.15 29 76.31 4 10.52 38 Assets

R&C 27 29.67 21 23.07 43 47.25 91 Assets 200 1114 569 Grand Total Assets Assets Assets 1883 Assets Source: Resettlement Census Survey, May- June ‘08

In terms of land loss, the subproject improvements will entail a total land acquisition of 99.78 acres inclusive of agricultural, residential, commercial and residential cum commercial land. (Table 3.8.C)

Table 3.8.C: Extent of Total Land loss Type of land plot affected In Acres Agricultural Land 82.19 acres9 Residential land 13.15 acres Commercial land 1.60 acres Residential cum Commercial land 2.84 acres Total Land getting affected 99.78 acres Source: Resettlement Census Survey, 2008

9 Out of the total affected 82.19 acres of agricultural land, except for 0.79 acres which comprises of Dhani Class I irrigated land, the remaining 81.40 acres comprises of cultivable but unirrigated land.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

3.6. Impact on Agriculture Plots

In the project State, of the state’s total geographical area of 79.7 lakhs hectares (ha), cultivable sown area comprises of 38 lakh ha. More then 29 per cent of the state land is covered by forest area. Although Jharkhand is endowed with vast and rich natural resources, mainly minerals and forests, 80 per cent of its population, still depends mainly on agriculture and allied activities for the fulfillment of their livelihood needs.

Agriculture is the main livelihood of the poor in Jharkhand and is characterised by dependence on the monsoons, significant variations in cropping choices across various income categories, and innovative strategies to minimise risk (including sharecropping and crop diversification) employed by farmers particularly those from the poorest categories.

As seen earlier while only 14% of the total affected households depend solely on agriculture. Nevertheless, a vast majority of the affected persons practice agriculture along with other economic activity.

The survey identified 1328 agricultural plots amounting to 82.19 acres of land belonging to 680 households which would be affected by acquistion. About 69% of the total affected plots are in Dumka where 917 plots belong to 436 affected households. Another 24% of the 1328 agriculture plots are in Jamtara where 205 affected households use 323 plots. The remaining 7% plots are in Deoghar consisting of 88 plots used by 39 households.

A. Ownership Pattern

As seen in Table 3.9, 99% of the affected plot belongs to titleholders. Only in the subprojects of Dumka do we see that of the 917 affected plots, 8 are used by leaseholders, 4 by encroachers and the rest 905 affected plots belong to legal owners. In the other two-subproject district, all the affected plots belong to titleholders and there are no plots, which have been leased or encroached upon.

Table 3.9 :District wise Description of Ownership Pattern District Grand Ownership Deoghar Dumka Jamtara Total Pattern In In In In No.S %Age In No.S %Age In No.S %Age

Owner 88 6.68 905 68.76 323 24.54 1316

Leaseholder - - 8 100 - - 8

Enchroacher - - 4 100 - - 4 88 917 323 1328 Grand Total PLOTS PLOTS PLOTS PLOTS Source: Resettlement Census Survey, May- June ‘08

B. Type of Land

In the entire subproject section, we see that 99% of the affected plots are un-irrigated. Only the rest, which is less than 1% are irrigated (See Table 3.10) This implies that almost all of the affected plots depend on the annual monsoon for agriculture and given the erratic rainfall and geography of the state, this has serious implications on

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

the agricultural output. This is further indicative of the low levels of farm mechanization in the State as a whole.

In the subproject district of Jamtara, none of the 323 affected plots are irrigated. All of the affected plots are un-irrigated. In Deoghar, only 1 of the 88 affected plots is affected and rest 87 are un-irrigated. Similarly, in Dumka, of the 917 affected plots only 10 are irrigated while the rest 907 plots are not.

Table 3.10 :District wise Description of Type of Land Affected District Deoghar Dumka Jamtara Grand Total Type Of Land In In In In No.S %Age In No.S %Age In No.S %Age

Irrigated 1 9.09 10 90.90 - - 11

Unirrigated 87 6.60 907 68.86 323 24.52 1317 88 917 323 1328 Grand Total PLOTS PLOTS PLOTS PLOTS Source: Resettlement Census Survey, May- June ‘08

C. Extent of Loss

As seen in the following table, 577 of the 1328 affected plots would incur a loss of 01- 05% of the affected plot. Further 483 plots or 36% of the total affected plots would have an impact of less than 1% of the affected plot.

Table 3.11 :District wise Description of Extent of Loss District Deoghar Dumka Jamtara Grand Total Extent Of Loss In In In In No.s %age In No.s %age In No.s %age

01 – 05 36 6.23 403 69.84 138 23.91 577

01 -05% 4 80 - - 1 20 5

05 - 10% 14 9.6 94 64.82 37 25.51 145

Less Than 1% 26 5.38 330 68.32 127 26.29 483

More Than 10% 8 6.77 90 76.27 20 16.94 118 88 917 323 1328 Grand Total PLOTS PLOTS PLOTS PLOTS Source: Resettlement Census Survey, May- June ‘08

However, 118 affected plots would be affected on more than 10% of the affected plot. This is classified as ‘significant’ impact as per the ADB policy. Thus 9% of the total affected plots would have a ‘significant’ impact on the affected plot by way of the project.

D. Viability of the Residual Land

The census survey undertaken during May- June 2008 in the subproject section has identified 680 households who would incur loss of agricultural assets. These

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section households stand to lose 1328 plots. The resettlement census survey conducted among them brought forth the suggestions and preferences of those households whose affected plot of land would be severely impacted implying that, the residual land would be rendered non-viable for further use. (See Table 3.12.)

Table 3.12: District wise Distribution of Perception on Viability of Residual land DISTRICT Grand Deoghar Dumka Jamtara Total PERCEPTION In In In In No.s %age In No.s %age In No.s %age

Na 86 6.58 898 68.75 322 24.65 1306 No, Would Like To Retain The Residual Land 2 11.11 15 83.33 1 5.55 18

Yes - - 4 100 - - 4 88 917 323 1328 Grand Total PLOTS PLOTS PLOTS PLOTS Source: Resettlement Census Survey, May- June ‘08

As seen in Table 3.12 above, in the entire subproject section, 22 of such plots were identified. However, households who owned 18 such plots chose to retain the residual land and continue to cultivate it or put it to some other use (commercial for instance). Additionally another reason shared by them is that they would not part with the residual land, as it is their family asset. Interestingly, majority i.e. 15 of these are of them are in Dumka, while two are in Deoghar and only one is in Jamtara.

However, the rest of the households opined that the project should acquire the residual land as well. They reasoned that they could not put the residual land to any further use and hence it was better that the project acquired the entire affected plot. In addition, they chose this option as they felt that with the compensation for the entire affected plot, they could buy land elsewhere and use that. It can be seen that these 4 plots were in Dumka.

3.7. Residential Assets

As seen in other places, many people tend to build their homes near or along the roadside as it ensure them easy access to services like markets, education, hospitals etc. This is true for the subproject section as well. Along the entire stretch of 82 kms in Package II- Jamtara to Dumka, the resettlement survey identified 426 residential assets belonging to 421 households that would be affected due to the project.

With regards to the distribution of these households, it is seen that the subproject district of Jamtara accounts for 47% of the total affected residential assets followed by Dumka (34%) and then Deoghar (19%).

A. Ownership Pattern

The census survey reveals that 98% of the affected residential assets belong to legal titleholders and the rest 2% affected assets belong to squatters who are living on the govt. ROW along the project road.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Table 3.13 :District wise Description of Ownership Pattern of the Affected Asset District Grand Ownership Deoghar Dumka Jamtara Total Pattern In In In In No.s %age In No.s %age In No.s %age

Owner 78 18.75 141 33.89 197 47.35 416

Squatter 2 20 6 60 2 20 10 80 147 199 426 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

In Dumka, 6 of the 147 affected residential assets are used by squatters, which is the maximum number of squatters identified among the three subproject districts.

B. Portions getting Affected

Though the project affects all the 426 residential assets identified by the census, it will have varying degree impact on the same. This implies that the impact borne by each asset would depend on its proximity to the project road or along the bypass path. The closer the main structure of the asset is to the project road, the severity of the impact increases.

The findings of the survey reveal that more than 60% of the affected residential assets would bear a direct impact on the main structure. This is to say that 263 residential assets place along the project road will incur an impact on the main structure of the assets. Further, more than half of the 263 such households are in Jamtara while 26% are in Dumka and the rest 20% in Deoghar.

Additionally another 34% of total affected residential assets would suffer an impact only its homestead land/plot/land and will have no impact on the main structure, boundary wall etc.

Table 3.14 :District wise Description of Portion of Asset getting Affected District Grand Portion Of Asset Deoghar Dumka Jamtara Total Getting Affected In In In In No.s %age In No.s %age In No.s %age

Main Structure 52 19.77 69 26.23 142 53.99 263

Plot/Land 24 16.78 63 44.05 56 39.16 143

More Than One 4 20 15 75 1 5 20 80 147 199 426 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

As seen in the above table, 44% of them are in Dumka, followed closely by such affected assets (39%) in Jamtara and 17% in Deoghar.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Additionally there are households who would incur loss of more than one portion of the asset getting affected. This would comprise of main structure, boundary wall, plot/land etc. The census survey has identified that 5% of the total affected assets stand to lose such type of loss.

Here too, most of these assets are in the subproject district of Dumka (15 assets) followed by Deoghar (4 assets) and then Jamtara where only one such asset loss would be.

C. Type of Construction

During the IPSA as well as census study it was noted that most of the assets in the subproject section were found to be of the Kutcha type. The census data reveals that nearly 48% of the affected assets are of the Kutcha type. Kutcha type households are made of mud and hay. Further, we can see that nearly half of them are in Jamtara (98assets) while in Dumka, there are 61 such affected assets while in Deoghar there are 46 of them. Table 3.15 substantiates the same:

Table 3.15 :District wise Description of Type of Construction of the Affected Assets District Type Of Deoghar Dumka Jamtara Grand Total Construction In In In In No.s %age In No.s %age In No.s %age

Kutcha 46 22.43 61 29.75 98 47.80 205

Semi Pucca 1 4.16 7 29.16 16 66.66 24

Pucca 9 16.66 16 29.62 29 53.70 54

NA 24 16.78 63 44.05 56 39.16 143 80 147 199 426 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

In the subproject section, only 6% of the assets are of the Semi Pucca type of construction, which generally consists of mud walls and tin roof. Here too 16 of the 24 such affected assets are in Jamtara which is the maximum number.

The data reveals that only 13% of the total affected assets are of the Pucca or RCC type. Even among these 54 pucca affected assets – more than half (53%) of them are in Jamtara followed by Dumka and then Deoghar.

D. Severity of Impact on Affected Residential Assets

As shared earlier, not all the affected residential assets would bear a severe impact on their residential structures. Many households would experience an impact on the homestead land or the boundary wall and thus can continue to use/live the assets. As aforementioned, 263 affected assets would have a direct impact on the main structure of their residential assets (See Table 3.16).

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

However, it must be noted that not all assets would be rendered non-livable by way of project. This is because the project would affect probably the balcony or verandah of the asset and not the interior of the same as such. The census survey has identified 138 affected assets who would be rendered unfit for further use by the project. This accounts for more than half (52%) of the 263 affected assets.

The survey data reveals that 59% of these 138 affected structures are in Jamtara, while in Dumka it would be 26% and only 15% in Deoghar.

Table 3.16 :District wise Description of Severity of Impact on the Assets District Grand Severity Of Deoghar Dumka Jamtara Total Impact In In In In No.S %Age In No.S %Age In No.S %Age

Livable 59 20.48 111 38.54 118 40.97 288

Non Livable 21 15.21 36 26.08 81 58.69 138 80 147 199 426 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

E. Relocation Options

The census survey has brought forth that of the 138 assets becoming non-livable as a result of the Project. As enumerated in Table 3.17 below, almost 47% of the 138 affected households preferred to opt for project assisted relocation. One of the key reasons for the same as brought forth in the survey is that nearly all the households met have sufficient land available at the existing dwelling locations along the road on which they can rehabilitate their assets. They hence voiced the need for sufficient compensation with which they can rehabilitate their houses.

On the other hand, 87 of the 138 households incurring severe impact on their structures voiced the desire for assistance from the project to help them to relocate and rehabilitate preferably within or near their existing the villages. The Project will make available adequate assistance and support to these households by means of the implementing NGO/R&R implementation agency in shifting, relocation nd identification and purchase of alternate sites for residence.

Table 3.17 :District wise Description of Perception of R&R District Relocation Deoghar Dumka Jamtara Options In In In Grand In No.s %age In No.s %age In No.s %age Total Project Assisted 11 12.64 25 28.73 51 58.62 87

Self Relocation 10 19.60 11 21.56 30 58.82 51

NA 59 20.48 111 38.54 118 40.97 288 Grand Total 80 HH 147 HH 199 HH 426 HH Source: Resettlement Census Survey, May- June ‘08

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

F. Impact on Tenants

The census survey has identified 4 tenants residing in these 426 affected residential assets. These 4 tenant households would suffer temporary impacts due to the project. to address the same, provisions have been made in the RP namely a grant which covers three month rental. 3.8. Impact on Commercial Assets

The subproject road traverses through few main commercial centres like Fatehpur market and other small market places found in few villages like Bada Chapuria, Nischintpur etc. Hence, there are commercial enterprises operating along the subproject road as it is profitable. The census has identified 38 such commercial assets affected by the project in the subproject section. Further, it is seen that 38 households operate these affected assets.

In the subproject district of Dumka, 76% of these 38 assets are run while 13% of them are Deoghar and the rest 11% are in Jamtara

A. Ownership Patterns

As against the ownership found among the households whose residential assets are affected, in case of commercial assets we see the presence of squatters in the subproject section. As seen in the table (3.18), 66% of the affected commercial enterprises are operated by legal owners. While the rest 34% of them are run by squatters who are using the govt. ROW along the project road to operate their commercial enterprises. This is mainly because these households do not own land elsewhere or near the project road and hence run their enterprise on the Govt. ROW as its viable to run a commercial enterprise along the road /on road side. These are usually small thatched tea stalls or shops.

Table 3.18 :District wise Description of Ownership Pattern of the Affected Assets District Grand Ownership Deoghar Dumka Jamtara Total Pattern In In In In No.s %age In No.s %age In No.s %age

Owner 5 20 18 72 2 8 25

Squatter - - 11 84.61 2 15.38 13 5 29 4 38 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

The data revealed that 85% of the affected commercial enterprises run by squatters are in Dumka. One of the prime reasons for the same would be that these roads lead to the Dumka town.

In the subproject district of Jamtara, there are 4 commercial enterprises being affected by the project of which 2 belong to titleholder while the remaining 2 are operated by squatters.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

In Deoghar, there are no squatters operating any of the affected commercial assets. All the 5 affected enterprise belong to legal titleholders.

B. Type of Commercial Enterprise

The commercial enterprises operated along the subproject road, are usually small shops selling a variety of goods like stationery items, garments etc. The findings of the census bring forth that 66% of the total affected commercial enterprise are run as such shops.

Table 3.19 :District wise Description of Type of Commercial Enterprise Affected Type Of District Grand Commercial Deoghar Dumka Jamtara Total Enterprise In In In In No.s %age In No.s %age In No.s %age

Gumti 1 16.66 3 50 2 33.33 6

Hotel - - 1 100 - - 1

Shop 3 12 21 84 1 4 25

Workshop - - 1 50 1 50 2

Shop/Dhaba 1 25 3 75 - - 4 5 29 4 38 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

Another 16% of them are operated as Kiosks/gumti’s selling paan, sweets etc. Additionally 13% of the total affected assets are run as hotels or dhabas. While the remaining 5% of the affected assets, are run as workshops.

C. Portion getting Affected

The Census survey identified 38 commercial enterprises being affected by way of the project. It is seen that 76% of them would bear a direct impact on the main structure of the affected asset. This is also includes squatters operating their enterprises on the government ROW and hence raising the number of assets bearing an impact on main structure.

However, only 16% of the total would have an impact on the plot/land, thereby not affecting the main structure at all. And the remaining 8% of them are those enterprises which would have impact on more than one portion of the enterprise. (See Table 3.20)

Table 3.20 :District wise Description of Portion getting Affected Portion Getting District Grand Affected Deoghar Dumka Jamtara Total In In In

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

In No.s %age In No.s %age In No.s %age

Main Structure 1 3.44 24 82.75 4 13.79 29

Plot/Land 4 66.66 2 33.33 - - 6

More Than One - - 3 100 - - 3 5 29 4 38 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

In the subproject district of Dumka, 83% commercial enterprises whose main structure is affected are operated. Additionally 3 of 38 affected assets having impact on various portions (more than one portion getting affected) of the affected enterprise are in Dumka.

All the 4 assets affected in the Jamtara would have an impact on its main structures. While in Deoghar of the 5 affected assets, 4 of them would have an impact on plot/land and only one on the main structure.

D. Type of Construction

The census survey data has revealed that majority of the affected assets are of the Kutcha type construction. It is seen (Table 3.21) that 50% of the 38 affected commercial enterprises are of the kutcha type, made of mud and hay. Here too the presence of squatters adds to the number, as most of them are thatched enterprises. Interestingly, in the subproject section, there are equal numbers of semi pucca and pucca affected assets i.e. 6 each. Thus accounting for 15% each, of the affected enterprises.

Table 3.21 :District wise Description of Type of Construction District Grand Type Of Deoghar Dumka Jamtara Total Construction In In In In No.s %age In No.s %age In No.s %age

Kutcha - - 17 89.47 2 10.52 19

Semi Pucca 1 16.66 4 66.66 1 16.66 6

Pucca - - 5 83.33 1 16.66 6

NA 4 57.14 3 42.85 - - 7 5 29 4 38 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

In the subproject district of Deogarh where there is only one affected asset, is of the semi pucca type while the rest 4 are the one who bear an impact on the plot/land.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

However in Dumka, 59% of the 29 affected assets are of the Kutcha type. 17% of them are pucca and 14% of the semi pucca type.

E. Severity of Impact on Affected Commercial Assets

As seen earlier 29 affected commercial enterprises would suffer an impact on its main structure. However, the census data reveals that 26 of these would incur severe impact on their commercial asset rendering them non-viable for further use. Thus 68% of the 38 affected commercial asset would be severely affected by way of project making them unfit.

Table 3.22 :District wise Description of Severity of Impact on the Assets District Grand Severity Of Deoghar Dumka Jamtara Total Impact In No.s In %age In No.s In %age In No.s In %age

Livble 5 41.66 5 41.66 2 16.66 12

Non Livable - - 24 92.30 2 7.69 26 Grand Total 5 HH 29 HH 4 HH 38 HH Source: Resettlement Census Survey, May- June ‘08

As can be seen from the Table 3.22, none of these 26 affected commercial enterprises are in Deoghar. In the subproject district of Dumka, 92% of these 26 affected assets are operated while the rest 8% of them in Jamtara.

F. Relocation Options

For many of the households who operate the affected commercial assets, it is one of the prime sources of their income and the project would affect them in more than one way. Hence, it is important to gauge their perception on the kind of relocation option they would prefer.

Table 3.23 details the perception of the affected households on the R&R options. As can be seen in the Table below 20 out of the 26 severely affected commercial structure operators, mainly comprising of squatters, have voiced need for assistance of project for relocating and restoring their commercial enterprise getting affected. The remaining 6 HHs have opted for self-relocation options. At the same time both sets of affected households have stressed on the disbursement of adequate, fair and timely compensation. The Project will make available adequate assistance and support to these households by means of the implementing NGO/R&R implementation agency in shifting, relocation and identification and purchase of alternate sites for residence.

Table 3.23 :District wise Description of Perception on R&R District Grand Relocation Deoghar Dumka Jamtara Total Option In In In In No.s %age In No.s %age In No.s %age

Project Assisted - - 18 90 2 10 20

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Self Relocation - - 6 100 - - 6

NA 5 41.66 5 41.66 2 16.66 12 Grand Total 5 HH 29 HH 4 HH 38 HH Source: Resettlement Census Survey, May- June ‘08

G. Impact on Employees

During the census survey, it was found that there are 9 employees working in the affected commercial enterprise whose source of livelihood would be temporarily disrupted by way of project. Therefore, to minimize the effect of the same, they will be provided with onetime financial assistance equivalent to two months minimum wages as fixed by the Government.

H. Impact on Tenants

Further, the census identified 2 tenants in the commercial enterprises that would be affected by the project. Hence, the lives of these tenant households would be temporarily affected. Special provisions are incorporated in the RP to address the same in terms of providing rental assistance in the form of grant to cover three months rentals among other assistance.

3.9. Impact on Residential Cum Commercial

The census survey conducted during May- June 2008 has identified 91 such assets being affected which are used as residential quarters as well as some commercial enterprise is also operated in the same structure. These are called Residential cum Commercial structures.

As said earlier 91 such assets are being affected by the project. Interestingly the number of residential cum commercial affected assets is higher than affected commercial enterprise. This implies that over and above those households who would lose only residential and commercial assets, there are 91 such households who bear the impact on their homes as well as source of livelihood.

The 91 affected residential cum commercial assets belong to 91 households in the subproject section. Of these 47% of them are in Jamtara, 30% in Deoghar and 23% in Dumka.

A. Ownership Pattern

In the subproject section, 99% of the 91 affected residential cum commercial assets belong to legal titleholders and only 1% of them are used/operated by squatters using the Govt. ROW along the project road. Interestingly none of the affected residential cum commercial assets in the subproject districts of Deoghar and Dumka are run by squatters as all of them belong to legal titleholders. Only in Jamtara, which accounts for the maximum number of affected residential cum commercial assets (43), do we

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section see one of the affected assets operated by a squatter. This is seen in the following table 3.24:

Table 3.24 :District wise Description of Ownership Pattern District Grand Legality Of Deoghar Dumka Jamtara Total Asset In In In In No.s %age In No.s %age In No.s %age

Owner 27 30 21 23.33 42 46.66 90

Squatter - - - - 1 100 1 27 21 43 91 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

B. Type of Enterprise

As mentioned earlier, the residential cum commercial assets are partly operated as commercial enterprise providing a source of income for the affected person. The census identified that 89% of these affected residential cum commercial assets are run as shops selling variety of goods including stationary items etc. while 8% of them are run as hotels/dhabas. Additionally 2 of the affected residential cum commercial assets are run as gumti’s/Kiosks and another one as private clinic. Table 3.25 gives the type of commercial enterprises getting affected:

Table 3.25 :District wise Description of Type of Commercial Asset Affected Type Of District Grand Commercial Deoghar Dumka Jamtara Total Enterprises In In In In No.s %age In No.s %age In No.s %age

Shop 23 28.39 19 23.45 39 48.14 81

Hotel/Dhaba 3 42.85 1 14.28 3 42.85 7

Pvt. Clinic - - - - 1 100 1

Gumti 1 50 1 50 - - 2 27 21 43 91 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

C. Portion getting Affected

The findings of the census survey suggest that more than half of the total affected assets would bear an impact on the main structure of the affected residential cum commercial assets (See Table 3.26). Almost 82% of the assets would bear such impacts. However, only 13% of the affected assets would have an impact on the plot/land and not on the main structure. However, the remaining 4% of the affected

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section assets are those who would bear an impact on various portions of the affected residential cum commercial asset like main structure, plot/land, boundary wall etc.

Table 3.26 :District wise Description of Portion getting Affected of the Assets District Grand Portion Getting Deoghar Dumka Jamtara Total Affected In In In In No.s %age In No.s %age In No.s %age

Main Structure 22 29.33 14 18.66 39 52 75

Plot/Land 3 25 5 41.66 4 33.33 12

More Than One 2 50 2 50 - - 4 27 21 43 91 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

In the subproject district of Jamtara, 39 of the 43 affected residential cum commercial assets, would have a direct impact on the main structure while only on the plot/land of the rest 4 assets. No assets in Jamtara will have an impact on more than one portion of the asset.

In Deoghar 82% of the total affected assets (27) would have an impact on the main structure. Whereas only 11% of the total affected structure would have a direct impact on the plot/land while the remaining 7% of the affected assets would be impacted on more than one portion of the asset.

Similarly, in Dumka, 67% of the 21 affected assets would bear a direct impact on the main structure. While only the plot/land of 23% of the total affected assets would be affected and 10% of the assets would hear an impact on more than one part of the residential cum commercial asset.

D. Type of Construction

The census survey among the 91 affected households bearing loss of residential cum commercial assets, it was seen that 35% of the 91 residential cum commercial assets would be pucca type. This is interesting to note that as in the case of both residential as well as commercial assets affected by the project, the predominant type of construction was the Kutcha type.

Of the 32 pucca type affected residential cum commercial asset in the subproject section, it can be seen that in both Deoghar and Jamtara equal number (13) of assets are affected and only 6 assets are in Dumka.

Additionally 31% of the total affected assets are of the semi pucca construction type usually made of mud with tin roof. Of the 28 such assets, 71.42% of them are in Jamtara.

Only 21% of the total affected assets are of the Kutcha type which are structures made of mud. The highest numbers of such assets are in Deoghar where there are 7

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section of the 19 kutcha affected assets. Table 3.27 illustrates the type of construction of the affected residential cum commercial assets.

Table 3.27 :District wise Description of Type of Construction of the Affected Assets District Grand Type Of Deoghar Dumka Jamtara Total Construction In In In In No.s %age In No.s %age In No.s %age

Kutcha 7 36.84 6 31.57 6 31.57 19

Semi Pucca 4 14.28 4 14.28 20 71.42 28

Pucca 13 40.62 6 18.75 13 40.62 32

Na 3 25 5 41.66 4 33.33 12 27 21 43 91 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

E. Severity of Impact on Affected Commercial Assets

Though the census identified 91 assets affected by way of the project, it has to be noted that not all of them would be severely impacted. As aforementioned, only 75 assets incur a direct impact on the main structure of the asset. However, not all these 75 assets would be rendered unfit for further use. The census study has identified that 53 residential cum commercial assets would be severely affected accounting for 58% of the 91 affected residential cum commercial assets (See Table 3.28)

Of the 53 such assets, the subproject district of Jamtara accounts for 49% of such assets, Deoghar for 30% and the rest 21% are in Dumka.

Table 3.28 :District wise Description of Severity of Impact on the Assets District Grand Severity Of Deoghar Dumka Jamtara Total Impact In In In In No.s %age In No.s %age In No.s %age

Livble 11 28.94 10 26.31 17 44.73 38

Non Livable 16 30.18 11 20.75 26 49.05 53 27 21 43 91 Grand Total ASSETS ASSETS ASSETS ASSETS Source: Resettlement Census Survey, May- June ‘08

F. Relocation Options

More than half of the total affected residential cum commercial assets would be severely affected by the project. Thus it is important to ascertain their perception on the relocation and rehabilitation options they think is the best for them. The census survey among the severely affected 53 households requiring relocation 33 HHs preferred self relocation. This is primarily because these households own land

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section elsewhere in the village or behind the existing structure to relocate them. However, 20 HHs voiced need for project assistance in relocation.

The Project will make available adequate assistance and support to these households by means of the implementing NGO/R&R implementation agency in shifting, relocation and identification and purchase of alternate sites for residence.

Table 3.29 :District wise Description of Perception on R&R District Grand Relocation Deoghar Dumka Jamtara Total Option In In In No.s %age In No.s In %age In No.s %age

Project Assisted 6 30 4 20 10 50 20

Self Relocation 10 30.30 7 21.21 16 48.48 33

NA 11 28.94 10 26.31 17 44.73 38 Grand Total 27 HH 21 HH 43 HH 91 HH Source: Resettlement Census Survey, May- June ‘08

G. Impact on Employees

The resettlement census survey has revealed the presence of 67 employees working in the commercial enterprises of the 91 affected residential cum commercial assets while the owners themselves operate the rest. To minimize the adverse impacts of the project on these households, special provisions have been made in the RP. Such households are entitled financial assistance equivalent to two months of minimum wages as fixed by the Government.

H. Impact on Tenants

In addition to the presence of 67 employees in the affected residential cum commercial assets, the census identified 66 tenants affected by the project. To address the impacts borne by them by way of project, special provision of giving these tenant households a grant equivalent to cover three months rentals as rental assistance among others have been provided.

3.10 Awareness and Perception

The resettlement survey undertaken in the subproject section brought forth the awareness and perception of the affected households regarding the project. It was seen that 76% of the 1235 affected households are aware about the project mainly via the media especially the newspapers. Another important source of information was the Government departments.

However, 19% of the affected households, it was found, did not know anything about the project. The first source of information regarding the same was when the census was carried out.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Additionally, the census revealed the perception of the affected households regarding the significance and relevance of the project for them as well as the community as a whole. It was found that 78% of the total affected households (1235HH) perceived the project necessary and beneficial for them in the long run. For them, better roads meant not only better transport services but also quicker access to essential services like hospitals and government offices.

On the other hand, 9% of the affected households objected to the project as it meant loss of their livelihoods, homes and other assets that most have been using for generations and thus are deeply attached to the same. Secondly, many respondents also opined that the project would result in heavy vehicle movement posing a threat to the safety of their children and domestic animals that may stray onto the roads. Thus, they did not favour the project.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

CHAPTER 4:

IMPACT ON INDIGENOUS PEOPLE IN THE PROJECT AREA

4.1. Scheduled Tribes in Jharkhand

The Scheduled Tribe (ST) population in Jharkhand as per 2001 census constitutes of 7,087,068 thereby constituting 26.3 per cent of the total population. Among all States and UTs, Jharkhand holds 6th and 10th ranks in terms of the ST population and the percentage share of the ST population to the total population of the State respectively. The growth of the ST population has been 17.3 per cent which is lower by 6 per cent if compared with the growth of the State’s total population (23.3 per cent) during 1991- 2001. The state has a total of thirty (30) Scheduled Tribes and all of them have been enumerated at 2001 census. The Scheduled Tribes are primarily rural as 91.7 per cent of them reside in villages.

Amongst the three districts through which Package II road section traverses, Dumka has the largest proportion of ST population accounting for 45% of the total population followed by 32% in Jamtara and 7% in Deoghar. Table 4.1: District wise ST population

Districts Total Population ST Population ST Population (in numbers) (in Percentage) 1991 2001 1991 2001 1991 2001

Jamtara 544874 653081 178199 206664 32.70 31.64

Deoghar 444118 613138 31439 45331 7.08 7.39

Dumka 950835 1106421 443285 495239 46.62 44.76

Source: Census Report, 2001

The subproject road package runs through three districts – Jamtara, Deoghar and Dumka which form an integral part of the region which is known as the “Santhal pargana” in the state with the Santhals being the major tribal group in the project area. It is interesting to note that out of thirty (30) Scheduled Tribes (STs) notified for the State of Jharkhand, Santhal is the most populous tribe having a population of 2,410,509, constituting 34 per cent of the total ST population of the State. Oraon, Munda and Ho are the next largest tribes constituting 19.6, 14.8 and 10.5 per cent respectively of the total ST population of the State.

4.2. Key impacts of the Project on Tribals

Taking into account the presence of STs in the area, detailed interactions and surveys were undertaken with the ST households at the time of the initial poverty and social assessment stage and then later at time of the census survey so as to: a) study the current socio-economic and cultural status and practices of the ST groups in the area; and

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

b) Ascertain the impact of the Project on their socio-economic status and culture.

Attempts were made to study the differential patterns as well as impacts of the Project on tribal and non-tribal communities living in the vicinity of road section. The social assessment carried out during Project preparation was considered largely beneficial and positive. The socio-economic and occupational/income data collected and analysed and the discussions undertaken with the IP groups clearly brought forth that the STs/indigenous households have similar characteristics to the overall population and are largely assimilated into the local mainstream communities. This can be largely attributed to the fact that the road to be improved under the Project has been in existence for past few decades with the ST as well as non-ST households being exposed to the outside world and scenario.

Despite the significant proportion of STs in the region and amongst the affected households, the analysis of impacts and losses did not bring forth any “significant” risk and impact on the socio-economic and cultural lives and patterns of the ST households. The Project will also not have any adverse differential impact on their socio-cultural aspects.

As voiced by the ST households during community consultations and as derived from the census survey, the only adverse impact of the Project on the tribals would be in terms of involuntary resettlement impacts. In majority of the cases, this impact would be on unirrigated agriculture land (ranging from mostly 1-5 % of total land holding) and in some cases on structures. However, with the mitigation measures provided for in the Entitlement Matrix in the RP there will be little impact on their socio-economic activities.

The Indigenous People Screening checklist below summarises the impact of the Project on the tribal population in the area:

Table 4.2: Impact of the Project on Indigenous People and groups along Package – II: Jamtara- Dumka

Impact on tribal peoples Yes No Remarks or identified problems, if any Are there tribal groups present 9 Presence of Santhal population was noted along in project locations? the sub project road section from Jamtara- Dumka.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Do they maintain distinctive 9 Like the other population group in the area customs or economic activities comprising of OBC, SC and general caste groups, that may make them vulnerable the tribal too are engaged in subsistence to hardship? agriculture. However, due to the lack of irrigation sources in the area, majority of the tribal as well as non-tribal groups are engaged in more than one activity namely agriculture, wage labour and in some cases small businesses for fulfillment of their livelihood needs.

Hence, as such no distinctive custom or economic activity is being undertaken by ST households in the area. Will the sub-project restrict 9 As voiced by the ST households during their economic and social community consultations and as derived from the activity and make them census survey, the only adverse impact of the particularly vulnerable in the Project on the tribals would be in terms of context of project? involuntary resettlement impacts.

In majority of the cases, this impact would be on unirrigated agriculture land (ranging from mostly 1- 5 % of total land holding) and in some cases on structures. However, with the mitigation measures provided for in the Entitlement Matrix in the RP. There will be little impact on their socio-economic activities.

Will the sub-project change 9 As mentioned in previous sections, no differences their socioeconomic and (except for a few festivals) were noticed between cultural integrity?10 the ST and non-ST households in the area. The ST households are largely assimilated with the Will the sub-project disrupt 9 mainstream population. Hence the subproject will their community life? not have any impact on their socio-economic and cultural integrity patterns.

Also it is pertinent to note that the road to be improved under the Project is not a new road and has been in existence for last few decades. Hence, the area and population is frequently exposed to outside culture and population.

Will the sub-project positively 9 IP households were positive about the subproject affect their health, education, and regard it as beneficial and positive for their livelihood, or social security own development. One of the key benefits of the status? project will be in terms of improved access to employment, income, health, education facilities and better transportation11.

10 That is, undermine their production systems and the maintenance and transmission of their cultural patterns. 11 The details of the interactions with IP groups and the Project impacts and benefits on them are discussed and detailed in Chapter 7 on IPSA Report.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Will the sub-project negatively 9 No negative impacts of this nature have surfaced affect their health, education, during the detailed assessments and while livelihood, or social security interacting with the community status? Will the sub-project alter or 9 The detailed assessments undertaken at the time undermine the recognition of of IPSA and census survey did not bring forth any their knowledge, preclude such risks. customary behaviors, or undermine customary institutions?

In case there is no disruption 9 The only adverse impact of the Project on the of tribal community life as a tribals would be in terms of involuntary whole, will there be loss of resettlement impacts. A total of 640 ST housing, loss of land, crops, households will be affected by the Project. trees, and other fixed assets owned or controlled by In majority of the cases, this impact would be on individual tribal households? unirrigated agriculture land (ranging from mostly 1- 5 % of their total land holding) and in some cases on structures. The detailed analysis of the IR impact on ST households is done in Section 4.3 below.

Adequate provisions have been incorporated into the Entitlement Matrix (in the RP) to mitigate and compensate for the same.

It would also be also worthwhile to note that the IP households were positive about the subproject and did not feel that they will encounter any adverse socio-cultural or economic impacts as a result of the Project. The Project however, is being seen as beneficial and positive by them too for their own development. They voiced that the project will benefit them socially and economically by improving access to employment, income, socio-economic facilities and better transportation12.

The improved road network is expected to augment access to socio-economic facilities of tribal groups along with other sections of subproject population. The subproject construction will not have any adverse consequences on the socio- economic condition and would also not lead to any disruption in their community life or culture of these communities.

The only adverse impact of the Project on the tribal households will be that of involuntary resettlement resulting from road improvement activities. Specific mitigation measures and provisions have been integrated into the Entitlement Matrix to ensure that the impacts on tribal people are identified and addressed so as to ensure better distribution of the Project benefits and promote development of the indigenous people in the Project areas.

12 The details of the interactions with IP groups and the Project impacts and benefits on them are discussed and detailed in Chapter 7 on IPSA Report.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

The following section presents the analysis of the data pertaining to the affected ST households as identified in the census.

4.3. Involuntary Resettlement Impact on ST Households

4.3.1 Number & Distribution of affected ST Households

As aforementioned of the 1235 households affected by the project, the census identified 640 households as those belonging to the ST implying that 52% of the affected households are ST in the entire subproject section.

Further, of these 640 households, 11% (i.e. 73 HHs) are those households who suffer from multiple vulnerabilities. That is to say that these ST households are those which are headed by women, live below poverty line, have one or more members physically or mentally challenged in their families. The census data findings show that there are two households, who fall under a combination of three vulnerability criteria.

Among the households who suffer from multiple vulnerabilities, the maximum number are of those ST households ho are living Below Poverty Line followed by the ones that are headed by elderly persons. In addition, women head ten ST households.

The rest 89% (567HH) are those ST households ho do not suffer from multiple vulnerabilities. As seen in Table 4.3, in terms of presence, the majority of the ST households i.e. 58% reside in Dumka followed by 33% in Jamtara and the rest 9% in Deoghar.

Table 4.3: Districtwise distribution of Affected ST households Status DEOGHAR DUMKA JAMTARA Grand Total Multiple Vulnerability 7 49 17 73 ST 52 319 196 567 Grand Total 59 HHs 368 HHs 213 HHs 640HHs Source: Resettlement Census Survey, 2008

4.3.2. Household Size

The census survey in the subproject section has bought forth the types of families the affected households belong to. It is interesting to note that nearly 74% of the affected households live in the nuclear family system. This is a clear indication of the patterns of urbanization emerging in the subproject section. Moreover what is interesting is that the maximum number of these nuclear families (472HH) are in Dumka which is a major town in the project State. It is one of the important districts with many important government department and offices as well as courts situated here. Hence it is one of the few urban centres in the State and the findings of the census reflect the urban character of the town.

In addition, as seen in Table 4.4, 12% of the affected households follow the joint family system in which 10-15 members reside together with a common kitchen. It is noteworthy to notice that here too the maximum number of theses households are in Dumka.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Further, the census has identified 80 ST households in the subproject section live in the extended family system with more than 16 members. The maximum number of these households resides in Jamtara followed by in Dumka.

Table 4.4: Districtwise Family size of Affected ST households Family Type Name of the District Grand Total DEOGHAR DUMKA JAMTARA Nuclear 39 288 145 472

Joint 10 45 25 80

Extended 10 27 43 80

NA - 8 - 8

Grand Total 59 HHs 368 HHs 213 HHs 640HHs Source: Resettlement Census Survey, 2008

4.3.3. Education Level of the ST Respondents

The educational level among the affected ST households were found to be very dismal as only 38% of the 640 affected households are literate implying that the rest, which is the majority, 62% are illiterate. This is despite the fact that there are many state and private run schools and colleges in the subproject section including the Santhal Pargana College in Dumka.

Yet the data from the census show that only 10% of the respondents have completed their primary level education and 14% of those who have studied up to the middle school. However, it can be seen that the number of persons completing further studies (higher secondary onwards) steadily declines with only 3% reaching up to the higher secondary level of education. The data reveals that only 6 respondents are graduates while only 3 are post graduates.

Table 4.5: Education Level of ST Asset Owners Level of Education Name of the District Grand Total DEOGHAR DUMKA JAMTARA Illiterate 45 221 130 396 Primary 4 35 26 65 Secondary 4 33 14 51 Middle School 4 52 33 89 Higher Secondary 1 14 5 20 Graduate 1 5 - 6 Post Graduate - - 3 3 No Response - - 2 2 Na - 8 - 8 Grand Total 59 HHs 368 HHs 213 HHs 640HHs Source: Resettlement Census Survey, 2008

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

4.3.4. Sources of Income of ST households

Though bestowed with rich mineral resources, 80% of the population of the project state are directly or indirectly dependent on agriculture for their livelihood. And the findings from the census survey testify to the same with 15% of the affected ST households depending solely on agriculture for their livelihood.

However, due to low erratic monsoons, regular bouts of floods and droughts, few irrigation facilities and low levels of farm mechanization, not many households can entirely depend on agriculture to eke out a living for themselves. Hence they derive their incomes from multiple sources like agriculture and non agriculture labour, selling forest goods like mahua, wood (mainly fuel wood), dairy as well as through trade or business. This is substantiated in Table 4.6, where we can see that 81% of the households derive their source of income from more than one economic activity.

Moreover, we can see that though 38% (Table 4.5) of the respondents are literate and some are even graduates as well as postgraduates, only one household derives its income solely from government service.

Additionally almost 2% of the affected households derive their livelihood from non- agriculture labour that usually consists of construction activities, masonry etc.

Table 4.6:Districtwise Sources of Income of Affected ST households Level of Education Name of the District Grand Total DEOGHAR DUMKA JAMTARA Agriculture 14 44 39 97 Agriculture Labour ‐ ‐ 1 1 Any Other ‐ ‐ 1 1 Govt. Service 1 ‐ ‐ 1 Multiple Source 44 307 166 517 Non Agriculture Labour ‐ 7 4 11 Trade/Business ‐ 2 2 4 Na ‐ 8 ‐ 8 Grand Total 59 HHs 368 HHs 213 HHs 640HHs Source: Resettlement Census Survey, 2008

4.3.5. Types of Project Losses

The resettlement census survey in the subproject section has brought forth that majority i.e. 65% (i.e. 418 HHs) of the affected ST households would incur an impact on their agricultural land. Maximum numbers of these plots are in Dumka in which 269 of the 418 plots fall followed by 134 in Jamtara and the rest 15 in Deoghar.

The project would affect 195 residential assets in the subproject section accounting for 30% of the type of losses experienced by the 640 ST households. Here too the maximum numbers of the affected assets are in Dumka.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Further, the census identified 19 assets that are classified as residential cum commercial assets as the households reside in the asset and operate some commercial enterprise.

In addition, the project would affect 8 assets run as commercial enterprises in the subproject section. Table 4.7 enumerates the various type of losses incurred by the 640 ST households.

Table 4.7: Districtwise type of Losses incurred by Affected ST HHs Name of the District Grand Types of Losses Total DEOGHAR DUMKA JAMTARA Agriculture 15 269 134 418 Commercial 1 5 2 8 Residnetial cum Commercial 3 8 8 19 Residential 40 86 69 195 Grand Total 59 368 213 640 Source: Resettlement Census Survey, 2008

4.3.6. Anticipated Project Impacts

As mentioned earlier, 52% (640 HHs) of the total 1235 affected households in the subproject section belong to ST. The census survey among these households revealed their perception regarding the relevance and necessity of the project. Table 4.8 details the same.

Nearly 78% of the respondents opined that the project is necessary and would benefit everyone in the long run. They reasoned that though, the project would acquire their assets, it would be a small price to pay for all the benefits it would render. Improved road would mean better and frequent transport facilities and quicker access to services like hospitals, government offices and education among others.

However, on the other hand 10% of the respondents objected to the project as it would mean displacing many households. This according to many, meant loss of assets and sources of livelihood, pushing them further into poverty. Thus, they voiced their disagreement for the same.

Table 4.8: Districtwise Project Necessity as per Affected ST HHs Name of the Districts Grand Project Necessity Total DEOGHAR DUMKA JAMTARA Yes - Will Benefit Local People 37 275 187 499 Don't Need 9 34 20 63 Cant Say For Sure 10 38 5 53 No Response 3 13 1 17 Na - 8 - 8 Grand Total 59 HHs 368 HHs 213 HHs 640HHs

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Source: Resettlement Census Survey, 2008

4.4. Mitigation Measures for the ST Households

In order to mitigate the above impacts incurred by the ST households, the ST households will be entitled to the following compensation and assistance measures:

• Compensation of land at Replacement cost

• Replacement value of the affected residential and commercial structure, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation.

• ST Households shall be allowed to take salvaged material from the affected structures

• Transfer grant: A lump sum transfer grant at the rate of Rs.10,000 for shifting households assets and other belonging to new area/location. The cost has been worked out taking into account the average transport costs incurred in such transfers.

• Rental accommodation: Project-affected families will further require assistance in case they are unable to build their shops/residences after the project has taken possession of their property or after demolishing their structures. To meet the transit accommodation, a rental assistance in the form of a grant of Rs.10,000/family to cover three month rental accommodation has been considered. This rental assistance is as per the prevalent rentals in the area.

• Transitional Allowance: Title holders & non-titleholders incurring impact on their primary income due to displacement will be assisted with allowance to for loss of their income during the transitional period. This allowance would be in form of providing Minimum agriculture wage (MAW) for a certain number of days taking into account the extent and nature of lose:

o In case of Titleholders losing income through agriculture, Transitional allowance equivalent 250 days of Minimum Agricultural Wage13 (MAW) in the state at the time of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly subsistence allowance equivalent to three months minimum agricultural wages14 per month for a period of one year from date of displacement

o In case of squatters and vulnerable encroachers losing primary source of income, One-time financial assistance for transitional

13 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 14 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

income support equivalent to one time payment of 200 days of minimum wages15 as fixed by the govt.

o In case of wage earning employees, indirectly affected due to displacement of commercial structure, one time payment of 60 days (2 months) of minimum wages16 as fixed by the govt.

17 Additional assistance for ST households: Vulnerable affected households will be given additional assistance of Rs.10,000 as lump sum.

15 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 16 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 17 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

CHAPTER 5:

RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX

5.1 Introduction

The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues of resettlement and rehabilitation of the APs under the Jharkhand Road Sector Development Project.

The Resettlement Plan has been developed based on Asian Development Bank’s Policy on Involuntary Resettlement (1995), Operations Manual F2 on Involuntary Resettlement (2003), the Land Acquisition Act – 1894, National R&R Policy (Govt of India, 2007), JH R&R norms – 2009 and Bihar R&R Policy - 2007. The resettlement principles of the project comply with the social safeguard requirements of the Asian Development Bank (ADB).

5.2 Policy Framework – Review of Resettlement Policies and Legal Framework

In India, compensation for land acquisition (LA) and resettlement assistance for project-affected people is generally governed by the Land Acquisition Act (1894), which has been amended from time to time. The Act has no provision for assistance for project-affected persons particularly those without titles or ownership records such as encroachers. A National Policy on R&R (NPRR) 2003 was adopted by the Government of India (GOI) to address the issues not addressed in the LA Act and also to cover development-induced resettlement. This policy has been recently revised in the form of NPRR 2007, which is applicable to all developmental projects where 400 or more families’ en masse in plain areas or 200 or more families’ en masse in tribal or hilly areas are displaced due to project activity. The policy aims to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives. The policy also aims to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected. The policy also recognizes the need for protecting the weaker sections of the society especially members of the Scheduled Castes and Scheduled Tribes.

While the key entitlements in the New National Policy - 2007 are largely similar to the previous NPRR, some key additions have been made in the revised policy namely:

• Preference to affected families in employment in the project, subject to availability of vacancies & suitability of skills, Trainings of affected persons so as to enable

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

them to take up suitable jobs, scholarships & other skill development opportunities; preference to affected persons in labour work during construction

• preference to the affected persons or their groups or cooperatives in the allotment of outsourced contracts, shops or other economic opportunities coming up in or around the project site;

• The project authorities shall, at their cost, arrange for annuity policies that will pay a pension for life to the vulnerable affected persons as, of such amount as may be prescribed by the appropriate Govt subject to a minimum of five hundred rupees per month.

• The affected families who have not been provided agricultural land or employment shall be given the option, if the requiring body is a company of taking up to twenty per cent of their rehabilitation grant amount in the form of shares or debentures of the requiring body.

The policy also recognizes non-titleholders such as any agricultural or non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years as affected families. The policy further makes provisions for public disclosures of JH R&R norms to the community, Grievance redress procedures and Monitoring & Evaluation systems.

In addition to the new NPRR, at the state level as well, there exists a Jharkhand State Resettlement & Rehabilitation (R&R) norms, 2009 currently pending approval and adoption. While this policy only applies to all industrial projects, envisaging a capital investment of Rs. 100 crore or more, and entailing acquisition of private land under Land Acquisition Act, 1894 or under any other laws for the time being in force, the policy principles and measures are progressive in nature. Chapter VII & VIII of the draft policy lay down R&R entitlements for those affected. Apart from the provision of compensation for land at the prevalent market rate, the norms also provides for R&R provisions with stress on resettlement and livelihood restoration of the households affected. Different types of provisions have been laid down based on extent and nature of loss. In addition, non-titleholders such as landless & homestead encroachers, who have been in possession of that for a period of at least 10 years, are also provided equal compensation for similar land/structure on encroached land.

5.3 ADB Policy on Involuntary Resettlement

The Asian Development Bank’s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary Resettlement (2003) recognize and address the R&R impacts of all the affected persons irrespective of their titles and requires for the preparation of RP in every instance where involuntary resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the subproject.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

ADB policy guidelines are summarized below:

z Involuntary resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project;

z Where IR is unavoidable, AP should be assisted to re-establish themselves and improve their quality of life;

z Gender equality and equity should be ensured and adhered to;

z AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with AP, including disclosure of RP and project related information;

z Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land, cash-for-land compensation should be an option available each AP;

z Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs;

z All compensation payments and related activities should be completed prior to the commencement of civil works;

z RP should be planned and implemented with full participation of local authorities;

z In the event of necessary relocation, APs should be assisted to integrate into host communities;

z Common property resources and community/public services should be provided to AP;

z Resettlement should be planned as a development activity for the AP;

z AP who do not have documented title to land should receive fair and just treatment;

z Vulnerable groups (households below the recognised poverty line; disabled, elderly persons or female headed households) should be identified and given appropriate assistance to substantially improve their living standards.

5.4 Similarities and differences between the National Policy and the ADB Policy

The key area of similarities and differences between the NPRR and the ADB policy are enumerated in Table 5.1.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

Table 5.1: Comparative Matrix of ADB Policy and India LA Act (1894) and NPRR (2007)

ADB IR Policy Indian LA Act NPRR (2007) Gaps Gap Mitigations (1894) through Resettlement Plan and Entitlement Matrix (i) Avoid No provision in Chapter II, Clause 2.1(a) No gaps between N/A involuntary the LA Act states the objectives of the ADB and NPRR resettlement NRRP is to minimize the policy displacement and to requirements promote, as far as possible, non displacing or least displacing alternatives.

(ii) Minimize LA Act does not The broad aim of the Policy Policy focus more RP requires to involuntary include any as given in the Preamble on Displacement minimize impacts thru resettlement provision for (1.4) is to minimize large and not explicit on alternative design minimizing scale displacement as far as IR minimization /choices of subprojects impact possible

(iii) Mitigate Provision for NPRR aims to restore and NPRR Policies RP contains similar adverse social cash improve livelihoods of are similar with objectives with regard impacts thru compensation persons with housing, ADB and aims at to assistance and appropriate land, only for agricultural land, improving the compensation, compensation, acquisition of employment and providing standards of the including provisions for housing, land and other necessary training facilities affected people. replacement value for infrastructure assets for development of acquired assets amenities so that entrepreneurship, technical APs social and and professional skills for economic self employment. There are conditions as provisions of providing favorable with the comprehensive project as without infrastructural amenities and it. facilities to the resettlers.

(iv) Identify, Identification of Chapter VI spells out the The policy RP prepared based on assess and APs limited to ways and means to identify objectives are identification of APs, address the titleholders of and assess at an early stage similar. both titleholders and potential social acquired assets. of the project cycle the Compensation non-titleholders. The and economic A full potential IR impacts through and resettlement entitlement matrix has effects of a assessment of a baseline survey and assistance are provision to assist APs project. social and census. And it also looks into aimed to re- restore their livelihoods Resettlement economic the direct and indirect effects establish and in post resettlement should be impacts is not due to the project like loss of improve period. conceived and required. livelihood of agricultural livelihoods those executed as a laborers, rural artisans, etc. affected.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section development through Social Impact program Assessment

(v) Affected LA Act has NPRR has provisions for Very close to ADB RP is based on people should be provision to consultation with affected requirements consultation with fully informed and notify acquisition persons/communities prior to communities and also closely consulted decisions only. drafting the RP. R&R has specific provisions on resettlement No requirement Administrator is required to for further consultation, and for consultation. hold consultations; also, disclosure and compensation provision to set up a involvement of the APs options. Disclose Grievance Redressal during RP RPs to the Mechanism called R & R implementation. affected people. Committee.

(vi) Support N/A No specific mention of Gaps with ADB - existing social support to socio-cultural Policy and cultural organization of the resettlers. institutions so that APs are integrated socially and economically with the host communities

(vii) Absence of Non-titled NPRR has provisions So specific clause Resettlement Plan has formal title is no persons are (Chapter IV) to consider all with regard to inclusive policy and bar to ineligible for any impacts with particular benefits of non- clearly states the same compensation compensation attention to any impacts on titled holders. in the Entitlement and resettlement the poor and vulnerable matrix. benefits ;;special affected persons. attention to vulnerable groups

(viii) Full costs of N/A NPRR (Chapter VI, clause No difference RP includes a detailed resettlement 6.14.2) spells out the full budget and cost for included in the components of the RP. It resettlement project costs also includes the budgets and full costs (clause 6.16 and 6.17).

(ix) Restoration of No provision in NPRR (Clause 7.22 of No specific Entitlement Matrix income in post- the LA Act Chapter VII) talks of the statement makes appropriate resettlement amenities and infrastructural concerning provisions in this period facilities to be provided at restoration of regard. resettlement areas. livelihood

(x) Supervision No provision in NPRR (Chapter IX) clearly Monitoring groups RP lays down and Monitoring to the LA Act lays down the setting of a are mainly local provisions for both be carried out National Monitoring officials – not internal and external throughput the Committee, National specialists; also monitoring by

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section project period by Monitoring Cell, Internal no procedures for specialists. persons with Oversight Committee, regular monitoring expertise in External Oversight resettlement Committee, its composition and responsibilities. However there is no clear view on the procedure or regularity of monitoring.

5.5 Resettlement Policy & Principles for the Project

Following the National R&R Policy - 2007, JH R&R Norms – 2009, Bihar R&R Policy - 2007 and various land laws on land acquisition, incorporating ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the Project will include the following elements:

a) As a matter of policy, land acquisition, and other involuntary resettlement impacts would be minimized as much as possible;

b) Any land acquisition and/or resettlement will be carried out and compensation provided in order to improve or at least restore the pre-Project income and living standards of the affected people;

c) All information related to resettlement preparation and implementation will be disclosed to all concerned, and people’s participation will be ensured in planning and implementation of the project;

d) All land acquisition would be as per the Land Acquisition Act, 1894 which provides for compensation for properties to be acquired. The persons affected by the project who do not own land or other properties, but who have economic interest or lose their livelihoods will be assisted as per the broad principles brought out in this policy.

e) Payment of compensation for acquired assets at replacement cost18;

f) Payment of compensation for lost land, housing, assets and resettlement allowances in full prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities;

18 In this Project, the replacement cost of land will be derived based on the Jharkhand Norms – 2009. As per this policy, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

g) All compensation and other assistances19 will be paid to all APs prior to commencement of civil works on the site acquired.

h) Broad entitlement framework of different categories of project-affected people has been assessed and is given in the Entitlement Matrix. Provisions will be kept in the budget for those who were not present at the time of the survey. However, anyone moving into the subproject area after the cut-off date will not be entitled to assistance.

i) Income restoration and rehabilitation; and

j) All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.

k) Appropriate grievances redress mechanism to ensure speedy resolution of disputes.

The above principles and resettlement procedural guidelines shall apply to this subproject/Package road under the loan in compliance with the national/state and ADB policies so as to ensure that persons affected by land acquisition and/or involuntary resettlement will be eligible for appropriate compensation and rehabilitation assistance.

5.6 Entitlement Matrix

In accordance with the resettlement and rehabilitation (R&R) Norms for the Project, all affected households will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. In general terms, the affected persons in the project will be entitled to five types of compensation and assistance: (i) compensation for loss of land, trees at replacement value; (ii) compensation for structures (residential/commercial) and other immovable assets at replacement value; (iii) assistance for loss of business/wage income; (iv) assistance for shifting; (v) rebuilding and/or restoration of community resources/facilities and (vi) special additional assistance for vulnerable20 households

19 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access. 20 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

The ADB Policy requires compensation for the lost assets at the current replacement value to both titled and non-title holders21 and resettlement assistance for lost income and livelihoods. In this subproject, the absence of formal titles will not constitute a bar to resettlement assistance and rehabilitation. Based on the inventory of losses, an Entitlement Matrix has been developed, which recognizes and lists various types of losses resulting out of the subproject. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits.

As per the Entitlement Matrix (Table 5.2), the affected people will receive compensation for land and other assets at the replacement value, in accordance with ADB’s Policy on Involuntary Resettlement and Operational Manual Section F2/BP and F2/OP as well as assistance for shifting and income restoration, and additional assistance to vulnerable groups to help the subproject affected persons to restore their lives and livelihoods in the post-resettlement phase. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no extra costs.

The entitlements have been decided in consultation with the community and the various stakeholders. The shifting allowance has been fixed in consultation with the communities and local prevalent rates.

Table 5.2: Entitlement Matrix

Type of Loss Identification of Entitlement Details Affected Households

A: LOSS OF LAND

1. Loss of agricultural Owner/Titleholder/ Cash a). Replacement land as per the law or cash land traditional land compensation at compensation at replacement cost as determined rights22 of the Replacement cost according to the formula proposed in Jharkhand Resettlement & Rehabilitation norms for ADB Project- affected plot 200923;

b). APs with traditional title/occupancy rights will also be eligible for full compensation for land, plus the difference or additional grant.

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

21 However, no assistance will be paid to encroachers, who are not socio-economically vulnerable and do not fall in the vulnerable category as defined under the RP. 22 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders

23 As per the Jharkhand R&R Norms for ADB Project – 2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

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

d) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

2. Loss of homestead Owner/Titleholder/ Compensation at a). Replacement of land or cash compensation at land (residential and traditional land replacement cost replacement cost as determined according to the formula commercial land) rights24 of the proposed in Jharkhand Resettlement & Rehabilitation affected plot Norms for ADB Project (JRRP) - 200925;

b) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

B: LOSS OF RESIDENTIAL, COMMERCIAL & OTHER STRUCTURES

3. Loss of structure Titleholder of • Compensation a) AP will be provided replacement value of the affected structure at residential structure, which will be calculated as per the (residential and Replacement latest prevailing basic schedule of rates (BSR) without commercial structures) cost depreciation. • Transfer grant • Rental b) Affected person shall be allowed to take salvaged assistance material from the demolished structure at no costs.

c). A lump sum transfer grant of an amount of Rs 10,000 per household for shifting households’ assets and other belonging to the new area.

d). Rental assistance as per the prevalent rate in the form of grant of Rs. 10,000 to cover maximum three month rental accommodation

Tenants • Rental a). Rental assistance for both residential & commercial Assistance tenants at the rate of Rs. 10,000 in the form of grant to • Transfer grant cover maximum three month rentals . • Compensation (in case b) A lump sum transfer grant of an amount of Rs 10,000

24Traditional land rights refers to household with customary rights to land and shall be treated equivalent to titleholders

25As per the Jharkhand R&R Norms for ADB Project -2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (similar type of land)will be added to this cost. In addition, the land shall be acquired after paying 30% solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid.

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ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section

additional per household for shifting households’ assets and other structure belonging to the new area. erected) c). Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount.

d). Any advance deposited by the tenants to the landlord will be deducted from land lord/owners total compensation package on submission of documentary evidences.

e) Right to salvage material from demolished structure and frontage etc, erected by tenants.

C: LOSS OF CROPS & TREES

4. Loss of crops and • Land Owners Compensation at a) Advance notice to APs to harvest crops/fruits and • Sharecroppers trees ‘market value’ remove trees. • Leaseholders b) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops based on average production.

c) Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be computed with assistance from horticulture department.

d) In case of fruit trees, compensation at average fruit production for next 15 years to be computed with assistance from horticulture department. D: LOSSES OF NON-TITLEHOLDERS

5. Loss of structure Encroachers No compensation a). Encroachers will be notified and given one month time (immovable assets for land but to remove their assets. constructed by assistance for squatters and assets to b) Compensation for affected structures to the 26 encroachers) vulnerable groups vulnerable households at below poverty line (BPL) non title holder shall be provided replacement value of affected structure or equivalent financial assistance benefit provided under Indra Awash Yojna scheme.

c). Right to salvage material from demolished structure at no cost.

Squatters and No compensation a) Squatters will be notified and given one month time for land but

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

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informal settlers compensation for to remove their assets. structure at b) Compensation for affected structures to the 27 replacement cost vulnerable households at below poverty line (BPL) and other non title holder shall be provided replacement value assistance of affected structure or equivalent financial assistance benefit provided under Indra Awash Yojna scheme.

c) A lump sum transfer grant of an amount of Rs. 10,000 for shifting households’ assets and other belonging to the new area. d) Right to salvage material from demolished structure at no cost.

E: LOSS OF LIVELIHOOD SOURCE

6. Loss of primary Titleholders losing Rehabilitation source of income for income through Assistance for a) APs losing strip of land (insignificant) due to the titleholders agriculture income restoration acquisition will be eligible to ex-gratia payment of Rs20000 b) Transitional allowance equivalent 250 days of Minimum Agricultural Wage28 (MAW) in the state at the time of Section 4 notification under Jharkhand LA Act. He shall also be entitled for National/State level job card under National Rural Employment Programme. Titleholders losing Transitional a) Monthly subsistence allowance equivalent to three income through assistance months of his average business income. business

7. Loss of primary Non-titleholders Training a) One-time financial assistance for transitional income source of income for namely squatters Assistance for support equivalent to one time payment unskilled the non- titleholders and vulnerable income restoration labour entitled for one time payment of 250 days payment as fixed by Government under minimum [wage earning encroachers lo sing wages Act job card under National/State employees, agricultural primary source of Employment Guarantee Program. labour, non-agricultural income. labour, squatters and vulnerable Wage earning Transitional a) This is valid for persons indirectly affected due to the encroachers] employees indirectly assistance employer having being displaced, one time payment of affected due to 200 days of minimum wages29 as fixed by the govt. displacement of commercial structure b) Employment opportunity in the road construction work if desired so by them

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

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

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

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

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F: LOSS OF COMMON PROPERTY RESOURCES

8. Loss of Common Affected Cash a). Cash compensation at replacement cost or Property Resources community/Institution compensation/ reconstruction of the community structure in consultation responsible reconstruction with the community

G: SUPPORT TO VULNERABLE SECTIONS

9. Additional Households One time Lump a). Additional one-time lump sum assistance of Rs. assistance to categorized as sum assistance 10,000 per household to vulnerable households. This will vulnerable groups vulnerable (BPL be over and above the other assistance/s as per this framework. households, female- headed households, SC/STs, disabled/elderly)

H: OTHER UNANTICIPATED IMPACTS

10. Temporary impact • Owner/ Cash a) The contractor shall bear the cost of any impact on Titleholder/ during construction like compensation for structure or land due to movement of machinery traditional rights disruption of normal loss of income during construction or establishment of construction of the affected traffic, damage to potential plant. plot adjacent parcel of • Community b) Compensation for standing crops and trees as per land/assets due to the market rate movement of machinery and plant c) Restoration of land to its previous quality site for contractor etc d) The contractor will negotiate a rental rate with the owner for all temporary use of land outside proposed RoW. 11. Any unanticipated Any unanticipated consequence of the project will be documented and mitigated based on the spirit of adverse impact due to the principles agreed upon in this norms framework. project intervention

5.7. Cut-off date

The cut off date for those who have legal titles of their land/asset is the date of notification of acquisition under the Land Acquisition Act and for those without titles the cut-off will be the May 2008. People moving into the subproject area after this date will not be entitled for support.

During the census survey all the affected assets were covered with the respective affected households. In case of absent households, the affected assets too were listed into the database. The census database hence shall act as an instrument to check fresh arrivals and influx, if any, into the affected area. All further claims being made (apart from those listed in census database) shall be verified by the DLIC with assistance from the NGO.

5.8 Valuation of affected assets

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The asset valuation of the acquired land and asset will be done based on the principle of compensation at the replacement value of the affected asset.

Valuation of Land: While under the prevailing provisions, the fixation of rate of land to be acquired will be done on the basis of Registration Cost of similar type of land at the time of notification under Section - 4 of the LA Act, the replacement cost of the land will be derived by means of the use of the formula propounded in Jharkhand R&R Policy 2009.

As per this, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give his land voluntarily in that case the 60% solatium shall be paid.

Valuation of land: Registration Cost (RC) at time of Notification + 50 % of RC + A = Compensation at Replacement Cost A= 30% Solatium on the RC or 60 % Solatium on the RC (if owner agrees to give his land voluntarily)

The land records containing information like legal title, and classification of land will be updated expeditiously for ensuring adequate cost compensation and allotment of land to the entitled persons. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The residual land will be compensated in keeping with the provisions as laid down in the Entitlement Matrix.

Valuation of Structures: The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation. While considering the BSR rate, EA will ensure that it uses the latest BSR for the residential and commercial structures in the the state. Compensation for properties belonging to the community or common places of worship will be provided to enable construction of the same at new places through the 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.

Valuation of Crops & Trees: The valuation of crops and trees will be based on survey of market prices in the area for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price. The same may be computed with assistance from agriculture/ horticulture department.

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All compensation and other assistances30 will be paid to all APs prior to commencement of civil works. After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that APs can take away the materials. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department.

5.9 Disposal of Acquired Properties

The acquired land and properties would vest in the Project paying compensation for such lands/properties. However, even after payment of compensation, APs would be allowed to take away the materials salvaged from their houses and shops etc. acquired by the project and no charges will be levied upon them for the same. A notice to that effect will be issued to take away the materials so salvaged within 48 hours of their demolition, if not taken then the same will be disposed by the project authority without giving any further notice.

APs will be provided with an advance notice of 3 months prior to dislocation. Further, all compensation will be paid to APs atleast three months before displacement or dispossession of assets to enable APs to effect relocation in a timely manner.

In the event of any change in the subproject/package road design and RP budget, the RP will be revised accordingly and will be subject to ADB approval before award of any civil works contract. Public consultations and disclosures will be organized involving all stakeholders, affected persons, local representatives in local language to disclose the entitlement matrix as outlined in the RP. The public disclosure of this RP will be undertaken before the ADB’s Management Review Meeting (MRM)31.

30 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access. 31 The Management Review Meeting (MRM) is scheduled in September 2008.

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CHAPTER 6:

CONSULTATION AND STAKEHOLDER PARTICIPATION

6.1. Introduction

ADB’s Policy on Involuntary Resettlement stresses that affected people should be fully informed and closely consulted on resettlement and compensation options. Consultation with APs is the starting point for all resettlement related activities. Experience indicates that involuntary resettlement generally gives rise to severe problems for the affected population and they are generally apprehensive that they will lose their livelihoods. These problems may be reduced if, as a part of subproject planning and implementation, people are properly informed and consulted about the project, about their situation and preferences, and are allowed to make meaningful choices. This serves to reduce the insecurity and opposition to the subproject which otherwise are likely to occur.

Based on the above principles, the subproject will therefore ensure that the affected population and other stakeholders are informed, consulted, and allowed to participate actively in the development process. This will be done throughout the subproject, both during preparation, implementation, and monitoring of project results and impacts.

The significance of people’s participation and consultation in any Project during preparation is well recognized by the NPRR as well. In keeping with the ADB and NPRR principles, consultation and community participation was encouraged during the course of the initial poverty & social assessment (IPSA) undertaken in August 2007. Discussions and meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. Subsequent consultations were also organised at key locations during the course of the Resettlement Census survey in May- June 2008.

6.2 Methods of Community Consultation

During the course of the social assessment, consultation meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. Consultations and discussions were held along the subproject with the affected households and other stakeholders including village head men, gram panchayat members, head of households, women’s groups, shopkeepers, tenants etc. These meetings were used 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 6.1.

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Table 6.1: Methods employed during the course of consultations at the time of Social Assessment & Resettlement Survey

Stakeholders Method

Local communities Individual Interviews, field level observations, community consultations & meetings

Individual Household Interview of Affected 100% Survey of the total affected Households households

Village Headmen & Gram Panchayat Small discussions members (local elected representatives)

Women’s belonging to various socio- Focus Group Discussions (FGDs) economic groups

Affected Shopkeepers, tenants and Focus Group Discussions (FGDs) squatters

Other vulnerable groups (ST and those BPL) FGDs

Government Stakeholders (BDO, CMOs, Semi-structured interviews ANMs, Teachers etc)

Source: IPSA, August 2007 and Resettlement Survey, May-June 2008

6.3 Consultation – Scope and Issues

During the consultations, efforts were made by the survey team to:

• Ascertain the views of the APs, with reference to land acquisition and project impacts; • Understand views of the community on Resettlement and Rehabilitation (R&R) 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. • Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

6.4. Feedback from Community Consultations

6.4.1 Consultations Findings at time of IPSA

The development of an area is directly related to the networking it has with other places. For this purpose, it is really important to have an efficient transportation system that will lead to the economic development of the area. Good conditions of roads provide the people with better transport and less travel costs and time. With good roads, people’s access to the available socio economic facilities like health, education, trade centres etc. also increases thereby adding to their quality of life.

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In a state like Jharkhand, where a significant proportion of the population is poor and rural, the absence of an effective transport system further aggravates the challenges. The improvement of the sample subproject road is anticipated to lead to better connectivity of the areas falling along the roads to the district and commercial centres. As a result, the Project will open up socio-economic avenues and opportunities for the local population particularly in the field of education, employment, trade and business, health etc which will further lead to the overall development of the project area as well as of its inhabitants.

In the consultations and discussions undertaken in all the four road packages, majority of the local communities expressed a welcoming attitude towards the project. A large number of people were of the opinion that the road improvement will benefit them in many ways. It will lead to the accessibility to the available facilities, increase in employment opportunities, business and trade, improved transportation system and so on. Some of the major benefits as voiced by the community comprised of:

• Increase in income and employment opportunities The project is anticipated to increase the transportation as well as the connectivity of the area, making it possible for the inhabitants to travel to other districts for the purpose of employment in turn leading to increase in avenues as well as their monthly income.

• Change in mode and frequency of transportation resulting from improved road will increase the number of public transport at a regular interval with less travel charges.

• Increased accessibility to health and educational facilities for the local population

• Anticipated Gender impacts include augmented mobility of women and improved health and education status resulting from improved access to health facilities

For a detailed account of the key findings emerging from social assessment of August 2007, please refer to the detailed Initial Poverty and Social Assessment (IPSA).

6.4.2 Consultations Findings at time of Census Survey

A total of 2 community consultations were undertaken along the subproject during the course of the Census Survey. Table 6.2 below enumerates the location, number profile and key issues discussed in these consultations.

Table 6.2: Summary of Community Consultations

Village Number & Profile Issues Discussed & Concerns Steps taken to address of Participants Raised the concerns

Chota 20 community This village comprises of a small No concerns as such Chapuria members including market place with many residential the Pradhan as well structures (mainly pucca structures)

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as elders of the located along the roadside. Both community. tribal’s and non-tribal’s live together in the village.

The consultations focused on clarifying the technical design as well as the requirement of land for the project. This was done by sharing/discussing with the community the DPR. In addition, the project, its relevance, benefits as well the aims and objectives of the census survey were discussed.

The community concerns and was apprehensive regarding the technical design of the project and had concerns on land acquisition. However community was also positive of the Project taking into account the socio-economic benefits anticipated out of it.

Palajori 10 community Palajori is a 3 km long village along In order to resolve the members the project road and quite densely matter, the RCD will comprising of populated. The proposed design undertake subsequent Pradhan and and construction would entail consultations in the villagers severe impact on a number of village exploring the residential structures located along viability of the alternate the road as well as on two temples alignment proposed by located along the existing road. the community and sharing the same with the Hence during the consultations, community to resolve the one of the key suggestions coming situation. from the villagers was to change Once the matter is the technical design and take the resolved, census survey road from an alternate route project would be undertaken in road - from the backside of the this section and this RP village. This as per them would not shall be updated only prevent the impact on the accordingly. houses as well as the temples but also shorten the distance to the next village by 2 kms. Additionally, there is Government land available through which the new road could pass. Though it would still entail land acquisition from few villagers mainly agricultural land (for which they readily agreed), it would considerably reduce the scope and extent of land acquisition from the villagers.

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Due to resistance of the community, survey could not be undertaken in this village.

Nischintpur 17 members Key issues discussed: The RP provide for comprising of compensation to all village Pradhan and • Community positive about the affected persons as per the “replacement cost” those affected Project and socio economic benefits that it will bring for them and the area • Community raised need for adequate compensation at market rate was raised by the community • Queries pertaining to timeline of the Project were raised

Fatehpur 20 community Major issues raised by the The RP provide for Market members participants in the village area compensation to all comprising of those which will be affected as a result of affected persons as per the “replacement cost” affected – the subproject were: as well as grievance shopkeepers, redress mechanism to • Consensus for the need for the Residence owners address grievances. etc. Project • Rate at which compensation will be paid for the affected assets and the compensation disbursal period • The participants in the village shared that they would be self- relocating themselves as they have land available within the village for relocation • Date of commencement of the project • When will the grievances, if any, be addressed and by whom.

The key feedback derived from the consultations and discussions is enumerated below:

• Opinion on the Project Impacts: In the social assessment and the consultations undertaken in the subproject areas during resettlement, it was shown that the majority of the households were aware of the proposed improvements as a technical survey exploring the same was undertaken in the past. The local communities clearly expressed the need for the Project with 78% of the affected households supporting the subproject construction on grounds that it will benefit the local people in the long run. In terms of subproject benefits, a section of the community was of the opinion that the road improvement would augment traffic movement as well as development and employment opportunities in the area. However, due to the ensuing subproject impact on land acquisition and structures, the affected households were also apprehensive of the subproject.

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• Compensation: Affected population in the subproject area expressed and stressed on the need for adequate and fair compensated for the affected assets by the Government for their losses so that they can reconstruct their residential and commercial structures and re-establish their incomes and livelihoods;

• Feedback of Women: The FGD’s with women revealed that the Project would augment the frequency and quality of transport services, thereby improving access of women to various services such as health care and higher levels of schooling and by and large women of various castes and communities on each of the subproject packages, expressed the need for the road construction. However, they raised some concern with regard to increased safety hazards for children and themselves due to road widening and up gradation.

• Impact on the Indigenous People: The consultations and assessment undertaken during IPSA brought forth no adverse impacts of the Project on the tribal communities and groups. The resettlement survey also showed that no Scheduled Tribe household will be affected as a result of the subproject. Due to the presence of tribal populations in the subproject areas, necessary assessments of the status of and the development of indigenous people in the subproject area has been undertaken during the IPSA. The differential impacts on tribal communities living in the vicinity of road section have been assessed by means of the social assessment carried during Project preparation and are considered to be largely beneficial. The discussions undertaken with the IP groups clearly brought forth that the STs/indigenous households have similar characteristics to the overall population and are largely assimilated into the local mainstream communities. As a result the Project will not have any adverse differential impact on their socio-cultural aspects. The resettlement census survey brought forth that while the ST households, who constitute a significant proportion in the area, will be incur impact on their assets as a result of the Project, they are still positive and in agreement with the need for the Project largely due to the socio-economic benefits that the Project will lead to in the long run. A detailed analysis of the resettlement impacts on IP population has already been done in Chapter 4.

6.5. Disclosure of Resettlement Plan

A summary of this Resettlement Plan (RP) will be translated into Hindi and Santhali and will be made available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of subproject- level Disclosure workshops prior to loan negotiation. Copies of summary RP will also be made available at the local level public offices such as revenue offices and gram panchayat to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RP will also be disclosed on the ADB Website.

In case of change in subproject design thereby entailing change in resettlement impacts, a re-evaluation and updation of this RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and after ADB review and approval.

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6.6. Plan for further Consultation & Community Participation during Project Implementation

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 project implementation. A local NGO/ R&R Implementation agency 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. The consultation will continue throughout the project implementation. The following set of activities will be undertaken for effective implementation of the Plan:

• The DIC, with NGO/ R&R Implementation agency assistance, will conduct information dissemination sessions in the subproject 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, a contracted NGO/ R&R Implementation agency and/or DIU, Resettlement Officers (ROs) will organize public meetings, and will appraise the communities about the progress in the implementation of subproject works, particularly in areas to be affected by road improvement.

• Consultation and focus group discussions will be conducted with vulnerable groups like women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

• The DLIC, RO and/or NGO/ R&R Implementation agency will organize public meetings to inform the community about the payment and assistance paid to the community.

• In addition, regular update of the program and resettlement component of the project will be placed for public display at the subproject offices.

• Lastly, participation of APs will be further ensured through their involvement in the Grievance Redress Cell.

• Lastly, EA through DIC will maintain an ongoing interaction with APs to identify problems and undertake appropriate remedial measures.

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CHAPTER 7:

INSTITUTIONAL FRAMEWORK

7.1. Introduction

Implementation of RP will be carried out through a set of institutions at various levels. This chapter describes the implementation framework, and the organizations involved – their roles and responsibilities – in the implementation of the plan. The primary R&R institutions in this project would include

• High level Committee at the State level headed by Chief Secretary or Development Commissioner (to be constituted) • Executing Agency (EA) will be the Road Construction Department (RCD) • EA will be supported by District level Implementation Cells (DIC) at district level. The DIC will use the services of the following institutions in implementation of the sub components of the project including resettlement actions.

District Level Task Force (DLTF) Non-Government Organizations (NGO)/ R&R Implementation agency Grievance Redressal Cell (GRC) Independent M&E Agency

7.2. Executing Agency

7.3 Roles & responsibilities

7.3.1 Project Implementation Cell (PIC)

Project Implementation Cell under Road Construction Department will be established in Ranchi. This PIC will be headed by a full-time Director (ADB Project) reporting to the Secretary – RCD. The Director will be supported by a Senior District Magistrate who will act as the Land Acquisition Officer, Grievance Redressal & Information Officer.

The PIC will have the overall responsibility for policy guidance, coordination and planning, internal monitoring and overall reporting of the Project. Some of the key responsibilities of the PIC will entail the following:

⇒ Appointing Project Support Consultants, and R&R implementing NGO/agency, where required;

⇒ Design and supervision of the subproject;

⇒ Ensuring availability of budget for R&R activities;

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⇒ Overall execution of the Project

⇒ ensuring conformance with state, national and ADB social and environmental safeguards policies.

7.3.2 District level Implementation Cell (DIC)

The DIC will be headed by the Executive Engineer and will have a dedicated R&R Officer (RO) to implement the RP.

The field based DIC will be responsible for the day-to-day implementation of the RP, assisted by local NGO/R&R Implementation agency s. The DIC supported by staff and NGO/R&R Implementation agency, will be responsible for the implementation of the subproject as well as the following:

Overall responsibility of implementation of R&R activities of the Plan;

Responsible for land acquisition and R&R activities in the field;

Liaison with district administration for land acquisition and implementation of R&R;

Ensure timely disbursement of compensation and assistance to the APs in close coordination with the concerned line department

DICs will be adequately staffed within two months of loan approval.

7.3.3 Resettlement & Rehabilitation (R&R) Officer

The Resettlement & Rehabilitation Officer will be responsible for the following:

• Ensuring subproject compliance with loan covenants;

• Undertake internal monitoring of resettlement implementation and prepare quarterly progress reports for submission to ADB and RCD - PIC.

• Oversee coordination with district administration and/or NGO/R&R Implementation agency for land acquisition and R&R and address problems or delays if any,

• Monitor physical and financial progress on land acquisition and R&R activities;

• Participate in regular subproject meetings; and

• Organize bi-monthly meetings to review the progress on R&R

• Monitor and oversee implementation of the resettlement activities and CPR relocation

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7.3.3. District Level Task Force (DLTF)

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

DLTF will play the role of an arbitrator, providing a mechanism to mediate conflict and cut down on lengthy litigation and ensuring speedy resolution of grievances of the affected persons and communities. It is anticipated that most, if not all grievances, would be settled by the DLTF. The DLTF will meet once in two months and is expected to resolve the grievances of the eligible persons within a stipulated time.

The APs, who are not satisfied with the decision of the DLTF, will have the right to take the grievance to the PIC for its redress. Failing the redressal of grievance at PIC, the APs will take the case/grievances to Judiciary.

Grievance Redressal Cell: The RP will have a mechanism to ensure that the benefits are effectively transferred to the beneficiaries and will ensure proper disclosure and public consultation with the affected population. In order to effectively do the same a Grievance Redressal Cell will be established at the District Implementation Cell level. This Cell will comprise of the Executive Engineer, local NGO representative, community leaders (non- political), representatives of affected persons including women and vulnerable groups.

The main objective of this cell will be to provide an accessible mechanism to APs to raise their issues and grievances. 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 (by means of DLTF), address these issues adequately. This cell will act as a bridge between the APs and the District level task force.

It is proposed that GRC will meet regularly (at least once a month) on a pre-fixed date. The cell will look into the grievances of the people and will submit the same to the District level task force for resolution. Thereafter it shall report to the aggrieved parties about the development regarding their grievance and decision of DLTF. The claims will be reviewed and resolved within six weeks from the date of submission.

The GRC will continue to function, for the benefit of the APs, during the entire life of the project.

Through public consultations and disclosures, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the NGO/ R&R Implementation agency to assist them in presenting their grievances or queries to this Cell.

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7.3.4. Implementing Non Government Organization (NGO)/R&R Implementation Agency

Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the DIC in order to build a good rapport with the affected community and facilitate satisfactory R&R of the APs. To overcome this deficiency, experienced and well-qualified NGO/R&R Implementation agency in this field will be engaged to assist the PIU in the effective, timely and efficient implementation of subproject RP.

The involved NGO/ R&R Implementation agency will be provided an orientation and training in resettlement management and resettlement policy adopted under the loan by the PIC- RCD.

The NGO/ R&R Implementation agency would play the role of a facilitator and will work as a link between the PIU and the affected community. Further the NGO/ R&R Implementation agency will inform the APs on aspects relating to LA and R&R measures for implementation of the Project and ensure proper utilization of various compensations extended to the APs under the R&R entitlement package.

It is extremely important to select NGOs/ R&R Implementation agency that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Resettlement Plan. Key quality criteria for the NGO/ R&R Implementation agency include:

Experience in direct implementation of programs in local, similar and/or neighboring districts; Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal reports, and audited accounts; and Integrity to represent vulnerable groups against abuses; experience in representing vulnerable groups, demonstrable mandate to represent local groups.

Draft Terms of Reference for the NGO/ R&R Implementation agency are appended as Annexure 3.

In addition, an independent Monitoring & Evaluation Agency/Expert will be appointed to closely monitor the progress of the RP implementation. The details of Project Monitoring & Evaluation have been provided in Chapter 9.

An organogram detailing the institutional arrangement is presented in Figure 7.1 on next page.

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Figure 7.1: Institutional Arrangement

Government of India Asian Development Bank High Level Committee Headed by Chief Secretary or Government of Jharkhand Development Commissioner

RCD – Executing Agency Independent M&E Secretary (RCD)

Director (ADB Projects) Project Implementation Cell (PIC)

LA, Grievance Redressal & Information Officer District Level Task Force (DLTF) at each district • District Collector • District LA Officer • District Forest Project Implementation Project Implementation Project Implementation Officer (DFO) Unit (PIU) Unit (PIU) Unit (PIU) • Executive Engineer • Addnl. District Magistrate

GRC NGO NGO GRC NGO GRC

Affected Person & Community

7.4. RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 year period likely to commence ??? months or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the DICs, appoint NGO/agency for resettlement implementation and establish GRC. Prior to implementation of resettlement and related activities and updating of AP list based on the final detailed design will be undertaken.

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ADB State Road Project in Jharkhand

Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances32 will be paid to all APs prior to commencement of civil works. Figure 7.2 below enumerates the RP implementation schedule.

32 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

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ADB State Road Project in Jharkhand

Figure 7.2: Implementation Schedule

YEAR 2007 YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011

PROJECT Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q

COMPONENT & ACTIVITIES 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

A. Project Preparation Phase Initial Poverty & Social Assessment (Completed) Census survey of the subproject (Completed) Finalization of subproject design and RP disclosure Establishment of DIC Appointment of NGO/agency & Establishment of GRC Preparation of LA Plan (by EA) Updating of AP list based on final detailed design Submission of RP based on final detailed design Review and approval of RP Information Campaign & Community Consultation B. LA Activity & RP implementation

Publication of notification under the State LA Act - appointment of

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ADB State Road Project in Jharkhand

competent authority

Land Market survey Final List of AP & distribution of ID cards Determination of Compensation & issue of award by competent authority Payment of compensation for Land & structures Payment of all other eligible assistance C. Monitoring and Evaluation Appointment of independent M&E consultant Internal Monitoring External Monitoring (intermittent) D. Project Construction Implementation of subprojects for 1st year/ Commencement of Civil Works

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CHAPTER 8

COST ESTIMATES & BUDGET

The following section comprises of the cost estimate for RP implementation. The cost estimate includes all the costs related to land acquisition, compensation, resettlement assistance, transport, monitoring and evaluation. The Executing Agency will make available required budget to cover all compensation and R&R cost. The budget rates, as well as the costs, are based on field-level information and past experience in resettlement management. The cost estimates included in this plan also make adequate provision for contingencies (Fifteen per cent).

The rates for land, structures, and trees that have been used in the cost estimates prepared in this plan have been derived through rapid appraisal and consultation with local revenue authorities, affected households, recent property sale/transfer to assist in the establishing of the market value for various types of land.

In addition to the compensation for affected assets and property at replacement cost, the affected households will also be eligible for a range of assistance in order to ensure restoration of lives and livelihoods. Some such measures are as follows: -

Transfer grant: A lump sum transfer grant at the rate of Rs.5,000 for shifting households assets and other belonging to new area/location. The cost has been worked out taking into account the average transport costs incurred in such transfers.

Rental accommodation: Project-affected families will further require assistance in case they are unable to build their shops/residences after the project has taken possession of their property or after demolishing their structures. To meet the transit accommodation, a rental assistance in the form of a grant of Rs.10,000/family to cover three month rental accommodation has been considered. This rental assistance is as per the prevalent rentals in the area.

Transitional Allowance: Title holders & non-titleholders incurring impact on their primary income due to displacement will be assisted with allowance to for loss of their income during the transitional period. This allowance would be in form of providing Minimum agriculture wage (MAW) for a certain number of days taking into account the extent and nature of lose:

o In case of Titleholders losing income through agriculture, Transitional allowance equivalent 250 days of Minimum Agricultural Wage33 (MAW) in the state at the time of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly subsistence allowance equivalent to twenty-five days minimum

33 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

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ADB State Road Project in Jharkhand

agricultural wages34 per month for a period of one year from date of displacement.

o In case of squatters and vulnerable encroachers losing primary source of income, One-time financial assistance for transitional income support equivalent to one time payment of 60 days (2 months) of minimum wages35 as fixed by the govt.

o In case of wage earning employees, indirectly affected due to displacement of commercial structure, one time payment of 60 days (2 months) of minimum wages36 as fixed by the govt.

37 Additional assistance for vulnerable households: Vulnerable affected person will be given additional assistance of Rs.10,000 as lump sum.

Based on this, Table 8.1 lays down the total estimated project budget for the subproject which is Rs. 23,37,73,134 (US $ 55,66,027).

Table 8.1: Consolidated Resettlement budget & Cost Estimates

R&R Item Unit Rates Total Quantity Compensation Total Assistance38 (in Rs.) (in Rs.) (in Rs.) (in Rs.) A: Compensation for acquisition of Private Property

Agriculture Land Irrigated with 2 1 180,000 0.79 acres 141,657 113,326 254,983 crops Agriculture land Bari Class I 2 163,000 81.40 acres 13,269,000 10,615,200 23,884,201 (Cultivable but unrrigated land) 3,166,114 3 Private Land 180,000 17.59 acres 2,532,891 5,699,005 Residential & commercial 4 Structures Pucca/ 64,075 sq.ft. 37,996,375 593/ sq. ft. (Residential Permanent Commercial Semi-Pucca 450/ sq ft 89,482 sq.ft. 40,266,943 - structure & 136,129,027 Resi cum Kutcha 300 sq ft 192,886 sq.ft 57,865,709 Comm)

5. Lump sum 2,500,000 Common Property Resources Sub-total I Rs. 16,84,67,216

34 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 35 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 36 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 37 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 38 In order to arrive at the replacement cost of land, 50% of the registration cost of the affected land at the time of notification along with 30 percent solatium on the Registration Cost is being given to the AP as per the Bihar R&R Policy 2007. In case of Jharkhand and the project districts, this would be equivalent to the replacement cost.

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ADB State Road Project in Jharkhand

B: R&R Assistance

1. Transitional Allowance

1.1. Titleholders losing income through agriculture A. Transitional allowance equivalent to 250 days of Minimum Agricultural 22,750 / 619 households - 14,082,250 Wage39 (MAW) in the state in cases household where the loss of land is less than 10% of the total land holding B. Transitional allowance equivalent to 45500 / 500 MAW in case where the loss of land 61 households - 2,775,500 is more than 10% of the total land household holding 1.2. Titleholders losing income through business [Monthly subsistence Rs. 27,300/ allowance equivalent to twenty-five days 79 households41 - 2,156,700 minimum agricultural wages40 per month household for a period of one year from date of displacement]

1.3. Squatters and vulnerable encroachers losing primary source of income [One-time financial assistance for transitional income support equivalent Rs. 5460/ 16 households - 87,360 to one time payment of 60 days (2 household months) of minimum wages42 as fixed by the govt.]

Affected Rs.10,000 217 households43 - 2,170,000 2.Rental households Assistance Rs.10,000 Tenants 72 tenants - 72,000 months

Rs.5000/ 3. Shifting Assistance 289 households44 - 1,445,000 household

4. Assistance to Vulnerable Rs.10,000/ 745 households - 7,450,000 households household

5. Assistance to Employees [one time payment of 60 days (2 months) Rs. 5460/ 76 employees - 414,960 of minimum wages45 as fixed by the govt] household

Rs. 35,000 / 6. Assistance for loss of structure 16 households - 560,000 (immovable assets constructed by household

39 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 40 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 41 Inclusive of 26 severely affected commercial structures and 53 severely affected Resi Cum Comm. Structures 42 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 43 217 households comprise of a sum of 138 residential, 26 commercial and 53 Resi cum Comm severely affected households 44 Apart from the above 217 households, also includes 44 tenants. 45 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

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ADB State Road Project in Jharkhand squatters) equivalent to the financial assistance provided under Indira Awaas Yojana Scheme.

Sub Total II Rs. 31,213,770

C: Support implementation of RP

Independent Monitoring & Evaluation 500,000 per year for Lump sum - Rs. 1,500,000 Agency three years

700,000 per year for NGOs Assistance for RP Implementation Lump sum - Rs. 2,100,000 3 years

Sub-Total III Rs. 3,600,000

TOTAL (in Rs.) of Part I, Part II & Part Rs. 20,32,80,986 III

Contingency (15% of the total) Rs. 30,492,148

Rs. 23,37,73,134 Grand total (in Rs.) (US $ 55,66,027)

At the rate of 1 USD = Rs. 42 as on 17 Jun 08

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ADB State Road Project in Jharkhand

CHAPTER 9

MONITORING AND EVALUATION

9.1. Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement 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, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have actually achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfilment of the project objectives.

9.2. Monitoring at the EA Level

The monitoring mechanism will have a two-tier system at the EA level – Internal Monitoring and External Monitoring.

First Tier Monitoring: Internal Monitoring

One of the main roles of the PIC will be to oversee, proper and timely implementation of all activities in RP. Internal Monitoring will be a regular activity for the PIC, which will oversee the timely implementation of R&R activities. Internal Monitoring will be carried out by the PIC and its agents, such as NGO/R&R Implementation agency and will prepare monthly reports on the progress of RP Implementation. PIC will collect information from the subproject/package site and assimilate it in the form of monthly report to assess the progress and results of RP implementation and adjust work programme where necessary, in case of delays or problems. Both monitoring and evaluation will form parts of regular activities and reporting on this will be extremely important in order to undertake mid-way corrective steps.

Second Tier Monitoring: External or Independent Monitoring

External (or independent) monitoring will be hired by ADB to provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required. A social and economic assessment of the results of delivered entitlements and measurement of the income and standards of living of the APs before and after resettlement will be integral components of this monitoring activity.

To function effectively, the consultant/agency responsible for external monitoring will be independent of the governmental agencies involved in resettlement implementation. The consultant/agency will provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required. The external monitor will submit biannual review directly to ADB and the EA to determine the effectiveness of RP implementation. The monitoring consultant/agency will be selected within three months of loan approval by the EA with ADB concurrence. The

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ADB State Road Project in Jharkhand monitoring will be carried out every year during the RP implementation. A sample Terms of Reference (TORS) to hire an external Monitoring & Evaluation Agency/ Consultant is enclosed as Annexure 4.

The key tasks during external monitoring will include:

• Review and verify the internal monitoring reports prepared by PIC; • 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 affected 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.

The following should be considered as the basis for indicators in monitoring and evaluation of the project: (i) socio-economic conditions of the APs in the post- resettlement period; (ii) communication and reactions from APs on entitlements, compensation, options, alternative developments and relocation timetables etc.; (iii) changes in housing and income levels; (iv) rehabilitation of informal settlers; (v) valuation of property; (vi) grievance procedures; (vii) disbursement of compensation; and (viii) level of satisfaction of APs in the post resettlement period.

9.3. Stages of Monitoring

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

I: Preparatory Stage. During the pre-relocation phase of resettlement operation, monitoring is concerned with administrative issues such as, 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 shall include but will not be limited to: -

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

II: Relocation Stage. Monitoring during the relocation phase covers such issues as assistance to APs (especially to vulnerable groups) in physically moving to the new site, selection of alternate place of relocation etc. The key issue for monitoring will be:

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ADB State Road Project in Jharkhand

• Payment of compensation • Delivery of entitlement • Grievance handling • Land acquisition • Assistance to AP in identifying site for new residential/commercial units • Preparation • Consultations • APs who do not relocate but rehabilitate at same location • Payment of compensation • Livelihood restoration assistance.

III: Rehabilitation Stage. Once APs have settled down, the focus of monitoring will shift to issues of income generation – schemes, activities & investments undertaken by APs, impact of the income generation schemes 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 & rehabilitation of affected Common Property Resources • Consultations • Assistance to enhance livelihood and quality of life

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 programme. 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

• Impact indicators: related to the longer-term effect of the project on people's lives.

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

• Training of DIC, ROs and other staff completed • Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • NGO/R&R Implementation agency recruited and trained • Meeting of DLTF & GRC • Grievance redress procedures in-place & functioning • Compensation payments disbursed • Relocation of PAPs completed • Employment provided to PAPs • Community development activities completed • Community infrastructure repaired • Income restoration activities initiated • Extent of government land identified and allotted to the PAPs, if any

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ADB State Road Project in Jharkhand

• Monitoring and evaluation reports submitted

9.4. Reporting Requirements

Internal Monitoring

PIC responsible for supervision and implementation of the RP will prepare monthly progress reports on resettlement activities to the Secretary - RCD. EA will submit quarterly reports to ADB.

External Monitoring: The independent monitoring agency/expert, responsible for overall monitoring of the Project, will submit a biannual review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored /enhanced and suggest suitable recommendations for improvement.

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