Resettlement Planning Document India: Jharkhand State Roads Project
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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 - 1 - 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 - 2 - 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 - 3 - 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 - 4 - ADB State Road Project in Jharkhand Full Resettlement Plan for Package – II: Jamtara – Dumka Section EXECUTIVE SUMMARY A. The Project 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 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. - 5 - 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