Resettlement Plan

November 2019

India: Maharashtra State Road Improvement Project Improvement to Walgaon -Dariyapur- Akot (SH-47) Road (Daryapur to Akot) Dist. Amravati km 156/000 to Km 180/000 and (2) Improvement to Dariyapur - Amla to Runmochan Asara road in district Amravati.

EPC -7 -SH 47 & MDR 21 and SH 301 (Part 1)

Prepared by Public Works Department, Government of Maharashtra for the Asian Development Bank. ii

CURRENCY EQUIVALENTS (as of 1st August 2019)

Currency unit – Indian rupees (₹) ₹1.00 = $0.0144 $1.00 = ₹69.47

NOTES

(i) The fiscal year (FY) of the Government of India and its agencies ends on 31 March. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2019 ends on 31 March 2019. (ii) In this report, “$” refers to US dollars.

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

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

ABBREVIATIONS

ADB Asian Development Bank AP Affected Person ARO Assistant Resettlement Officer AE Assistant Engineer BPL Below Poverty Line BSR Basic Schedule of Rates CAP Corrective Action Plan CE Chief Engineer CoI Corridor of Impact CPR Common Property Resources DC District Collector DLAO District Land Acquisition Officer DP Displaced Person DH Displaced Household DPR Detailed Project Report EA Executing Agency EE Executive Engineer EPC Engineering Procurement and Construction FGD Focus Group Discussion FHH Female Headed Household GOI Government of India GOM Government of Maharashtra GRC Grievance Redress Cell GRM Grievance Redress Mechanism HH Household IP Indigenous People IPP Indigenous People Planning IR Involuntary Resettlement LA Land Acquisition LAA Land Acquisition Act LAP Land Acquisition Plan LAR Land Acquisition and Resettlement LVC Land Valuation Committee M&E Monitoring and Evaluation MAW Minimum Agricultural Wage MPWD Maharashtra Public Works Department MSRIP Maharashtra State Road Improvement Project NGO Non-Government Organization NTH Non-Titled Holder OBC Other Backward Classes iv

PIU Project Implementation Unit PMC Project Management Cell

PRoW Proposed Right of Way PWD Public Works Department resettlement and Resettlement & Rehabilitation rehabilitation

RFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act RO Resettlement Officer ROW Right of Way

resettlement plan Resettlement Plan SC Schedule Caste SDO Social Development Officer SE Superintending Engineer

SES Socio Economic Survey

SIA Social Impact Assessment SPS Safeguard Policy Statement SRU Social &Resettlement Unit

ST Schedule Tribe TH Titled Holder TOR Terms of References

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CONTENTS EXECUTIVE SUMMARY………………………………………………………………………………9 A. Project Description ...... 9 B. Objective of Resettlement Plan...... 10 C. Scope of Land Acquisition and Resettlement ...... 10 D. Socioeconomic Information and Profile ...... 11 E. Stakeholders Consultation and Participation ...... 12 F. Legal Framework ...... 12 G. Entitlements, Assistance and Benefits ...... 12 H. Relocation of Housing and Settlements ...... 12 I. Income Restoration and Rehabilitation...... 13 J. Resettlement Budget and Financing Plan ...... 13 K. Grievance Redressal Mechanism ...... 13 L. Institutional Arrangement ...... 13 M. Implementation Schedule ...... 14 N. Monitoring and Reporting ...... 14 I. INTRODUCTION……………………………………………………………………………………15 A. Background ...... 15 B. Minimization of Impact ...... 19 C. Project Impacts and Benefits ...... 19 D. Scope and Objective of Resettlement Plan (resettlement plan) ...... 20 E. Methodology for Resettlement Plan ...... 23 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)…………………………..25 A. Land Acquisition Requirement ...... 25 B. Resettlement Impacts ...... 25 C. Loss of Private Structures in the Project ...... 25 D. Type of Private Structure in the Project ...... 26 E. Use of Private Structures affected by the Project ...... 27 F. Type of Construction of Affected Structures ...... 27 G. Loss of Livelihood in the Project ...... 27 III. SOCIO-ECONOMIC INFORMATION AND PROFILE………………………………………..29 A. Project Area Profile ...... 29 B. Demography of Displaced Persons (DPs)...... 30 C. Social Structure among Displaced Persons (DPs) ...... 30 D. Vulnerability ...... 30 E. Annual Income Level of the Affected Household...... 31 F. Primary Income Earners and Sources of Income ...... 32 vi

G. Occupational structure ...... 32 H. Educational Status ...... 32 I. Impact on Gender ...... 32 J. Project Impact on Indigenous People ...... 33 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE………………34 A. Identification of Stakeholders ...... 34 B. Public Consultation in the Project ...... 34 C. Methods of Public Consultation ...... 34 D. Scope of Consultation and Issues ...... 34 E. Findings of the Public Consultations ...... 35 F. Consultation with Officials and Other Stakeholders ...... 38 G. Plan for further Consultation in the Project ...... 38 H. Information Disclosure ...... 40 V. LEGAL FRAMEWORK……………………………………………………………………………41 A. Country Legal and Regulatory System ...... 41 B. ADB Safeguard Policy Statement (SPS), 2009 ...... 43 C. Maharashtra Direct Purchase Policy...... 44 D. Comparison of Country and ADB Policy and Measures to Fill Gaps ...... 46 E. IR Policy Adopted for the Project ...... 50 VI. ELIGIBILITY AND ENTITLEMENTS…………………………………………………………...53 A. Eligibility under the Project ...... 53 B. Entitlement Matrix ...... 55 VII. RELOCATION OF HOUSING AND SETTLEMENTS……………………………………….65 A. Basic Provision for Relocation ...... 65 B. Need for Relocation ...... 65 C. Relocation and Compensation Option by DPs ...... 65 D. Relocation Strategy ...... 65 E. Relocation Strategy for CPR ...... 66 VIII. INCOME RESTORATION AND REHABILITATION………………………………………..67 A. Loss of Livelihoods in the Project ...... 67 B. Provisions for Loss of Livelihood ...... 68 IX. RESETTLEMENT BUDGET……………………………………………………………………68 X. GRIEVANCE REDRESS MECHANISM………………………………………………………...71 Level 1: PIU and field level...... 71 Level 2: State Level ...... 71 Level 3: Court of Law ...... 72 vii

XI. INSTITUTIONAL ARRANGEMENTS…………………………………………………………..74 A. Institutional Requirement ...... 74 B. Executing Agency ...... 74 C. Resettlement Management at ADB-PMU ...... 74 D. Project Implementation Unit (PIU) ...... 74 E. Nongovernment Organization (NGO) ...... 76 F. Capacity Building ...... 77 XII. MONITORING AND EVALUATION……………………………………………………………78 A. Need for Monitoring and Reporting ...... 78 B. Internal Monitoring ...... 78 C. Stages of Monitoring...... 79 D. Monitoring Indicators ...... 80 E. Reporting Requirements ...... 80 XIII. IMPLEMENTATION SCHEDULE …………………………………………………………….81 A. Schedules for Project Implementation ...... 81 B. resettlement and rehabilitation Implementation Schedule ...... 81

List of Appendix

Appendix 1: Census and Socio Economic Questionnaire ...... 83 Appendix 2: List of Affected DPs ...... 94 Appendix 3: List of CPRs ...... 102 Appendix 4 : Public Consultation Meeting ...... 103 Appendix 5: Terms of Reference for NGO ...... 125 Appendix 6: Photos of Non- Titleholders ...... 134 Appendix 7: Photos of Affected CPR ...... 136

List of Tables

Table (a): Summary Project Impacts ...... 10 Table No. 1: Detail of Project Road ...... 15 Table No. 2: Town and villages along the Project Road ...... 22 Table No. 3: Summary of Existing Carriageway ...... 22 Table No. 4: Loss of Private Structures in the Project ...... 25 Table No. 5: Magnitude of Impacts on structure ...... 26 Table No. 6: Type of Private structures affected by the Project ...... 26 Table No. 7: Use of Private structures affected by the Project ...... 27 viii

Table No. 8: Type of Construction of Affected Structure ...... 27 Table No. 9: Loss of Livelihood in the Project ...... 27 H. Loss of Community Property Resources ...... 28 Table No. 10: Type of Affected CPR ...... 28 Table No. 11: Key socio-demographic data of the state and the Project district ...... 29 Table No. 12: Details Displaced Population...... 30 Table No. 13: Religious Groups ...... 30 Table No. 14: Social Categories ...... 30 Table No. 15: Vulnerable Displaced Households ...... 31 Table No. 16: Income level of the Displaced Households ...... 31 Table No. 17: Educational Status of the Displaced Persons ...... 32 Table No. 18: Consultation Methods adopted in Project ...... 34 Table No. 19: Summary findings of Consultations ...... 35 Table No. 20: Summary of findings of Consultations ...... 37 Table No. 21: Consultation with officials and Other Stakeholder ...... 38 Table No. 22: Format for Public Consultation and Disclosure Plan ...... 39 Table No. 23: Detailed Policy Comparison ...... 46 Table No. 24 Entitlement Matrix ...... 56 Table No. 25: Loss of Livelihood in the Project ...... 67 Table No. 26: Details of type of structure and rate...... 68 Table No. 27: Details of resettlement and rehabilitation Cost ...... 70 Table No.28: Roles and Responsibilities of Different Agencies for resettlement plan Implementation ...... 76 Table No. 29: resettlement and rehabilitation Implementation Schedule ...... 82

List of Figures

Figure No.1: District Map, Amravati ...... 17 Figure No.2: Project road alignment (Source: Google Maps) ...... 18 Figure No.3: Typical Cross Section ...... 22 Figure No. 4: Stages of Grievance Redressal ...... 73 Figure No. 5: Institutional Arrangement ...... 77

EXECUTIVE SUMMARY

A. Project Description

1. The Public Works Department (MPWD), Government of Maharashtra, (GoM) is implementing the Maharashtra State Road Improvement Project (MSRIP) by rehabilitation and up -gradation of State Highways (SH) and (MDR) across the state. The Government of Maharashtra has requested the Asian Development Bank (ADB) to finance for the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state are proposed under MSRIP.

2. The Subproject Roads Walgaon -Dariyapur- Akot (SH-47) Road (Daryapur to Akot) Dist. Amravati km 156/000 to Km 180/000 and (2) Dariyapur - Amla to Runmochan -Asara road are in District of Amravati. The length of the subproject road are 24.00 km and 17.55 kilometer respectively. The subproject aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region.

3. This Resettlement Plan (resettlement plan) has been prepared in compliance with the applicable State Government, Government of India, and ADB policy and legal framework. This project is considered as Category B1for Involuntary Resettlement (IR) as per ADB’s Safeguard Policy Statement (SPS) 2009 because no person will experience significant impacts such as being relocated from shelter or losing 10% or more of productive assets2 (income generating)

4. The land use pattern along the project road is Built up, semi commercial and agricultural. Available ROW along the project road is 24.0 m to 30.0 m in rural area and 15.0 to 24.0 m in built- up Area. The existing road is generally with low embankment heights and in fair to poor conditions in most of the stretches requires raising and reconstruction. There is no land acquisition in this sub project.

SL Road Name Road Category Road No. DPR/ District No Length for DPR Construction Package no. 1 Improvement to Walgaon 24.00 SH-47 AM 155 EPC-7 Amravati -Dariyapur- Akot (SH-47) Road (Daryapur to Akot) Dist. Amravati km 142/000 to Km 180/000 Now 156/000 to 180/000

1 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project. 2 Productive assets are those with the ability to generate profits and cash flow. This may include frontage of residential structures used for commercial purposes.

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2 Improvement to 17.55 MDR-21 & AM 156 Amravati Dariyapur - Amla to SH 301 Runmochan -Asara road in district Amravati

B. Objective of Resettlement Plan

5. Keeping with ADB’s Policy on Involuntary Resettlement, a Resettlement Plan (resettlement plan) has been prepared for the subproject. The survey and assessment undertaken during preparation of the subproject indicates that the subproject will entail some degree of resettlement impact and this resettlement plan has been prepared in accordance with ADB’s Policy (SPS 2009) on Involuntary Resettlement to address those impacts. This resettlement plan identifies the broad scope of the subproject and outlines the policy, procedures for compensation and other assistance measures for affected persons and institutional requirements for implementation, budget etc. of resettlement plan under this project.

C. Scope of Land Acquisition and Resettlement

6. The existing ROW observed in the Project Road varies from 24.0 m to 30.0 m in open area and 18.0 to 24.0 m in Built-up area in general. During consultations, the APs expressed their willingness to shift their small business to make the ROW encumbrance free as required by the sub project subjected appropriate compensation. Except one structure which is residential in nature, all the affected structures/shops are commercial in nature and relocation assistance and income loss assistance has been considered for the squatter. Since, the small business has been considered as productive and support livelihood, assistance for loss of income has also been considered in the entitlement matrix prepared for the subproject. No land acquisition is envisaged for this sub project.

7. The both sub project roads traverse entirely in Amravati District of Maharashtra State. A census and socio-economic survey were undertaken in the project road for both subproject roads from start to end point. The existing project road length is measured 41.55 km (24.00+ 17.55 km). There are 81 nos. of DHs identified in Walgaon -Dariyapur- Akot (SH-47) Road and 21 nos. of DHs are identified in Dariyapur - Amla to Runmochan -Asara road. Similarly, 02 CPRs are affected in Dariyapur To Akot Road and 02 nos. of CPR are affected in Dariyapur To Amla-Asara Road. All these 4 nos. of CPRs are bus stand.

8. All these identified DPs are Non- Title holder and encroached upon the RoW, running a small business of tea stall, snacks and other shops to earn their livelihood. All identified DH (81+21=102) all are economically displaced. Out of total 102 displaced household, 2 are losing less than 10% of their productive assets and 100 kiosks will be shifted in place. No person will be relocated from shelter.

Table (a): Summary Project Impacts

Sl. No. Impacts Number A. Walgaon - Dariyapur- Akot (SH-47) Road (Dariyapur to Akot) Dist. Amravati km 156/000 to Km 180/000 1. Total number of private structures affected 111 11

Sl. No. Impacts Number 2. Total number of Private structures affected unidentified or closed 30 3. Total number of private structures affected (Owner 81 Identified) 4. Total number of displaced households 81 5. Total number of displaced Person 343 6. Total number of economically displaced households Less than 10% of productive assets 2 More than 10% of productive assets 0 81 Kiosks 79 7. Total number of physically displaced households 0 8. Total number of vulnerable households 81 9. Total number of CPR (structure) affected 02 B. Dariyapur – Amla to Runmochan -Asara road from ( km 0+00 to 17+500) in district Amravati 1. Total number of private structures affected 21 2. Total number of displaced households 21 3. Total number of displaced Person 104 Total number of economically displaced households 21 Less than 10% of productive assets 0 4. More than 10% of productive assets 0 Kiosks 21 5. Total number of physically displaced households 0 6. Total number of vulnerable households displaced 21 7. Total number of CPR (structure) affected 02 Source: Primary Census Survey, 2019

D. Socioeconomic Information and Profile

9. Dariyapur- Akot ( SH-47) Road –the socio-economic survey was carried for all 81 DPs. The social stratification of the project area shows the dominance of other backward class (OBC) population with 70 nos. (86.42 %), Schedule Cast 08 (9.88%) and General category 03 (3.70%). 79 DPs (96.34%) are losing / impact on their Kiosks. There are no women headed DPs in this sub-project road. Most of the DPs (79) are having nuclear family structure. Only 2 DPs has Joint family. The average household size is 4.2. According to project census survey there are 81 vulnerable households (Due to NTH status) are affected due to the project.

10. Dariyapur - Amla to Runmochan -Asara road - Similarly, for this subproject also, socio-economic survey was carried for all 21 DPs. The social stratification of the project area shows the dominance of other backward Class (OBC) population with 18 nos. (85.71%), 03 (14.29%) are belong to SC. All 21 DPs (100%) have impact on their Kiosks and need to be shifted from RoW or project road. No Women headed DPs is found. All DPS have nuclear family (100%) and none of the DPs belong to Joint Family. The average household size is 4.95. According to project census survey there are 21 vulnerable households (Due to NTH status) are affected due to the project.

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E. Stakeholders Consultation and Participation

11. Public consultations were conducted at village panchayat offices. At 5 locations public consultation done other than informal consultations in the project to ensure significant community participation during the project census survey. Other than this public consultation, DPs were consulted individually. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of APs/ DPs and other stakeholders were consulted through focus group discussions and individual interviews. The MPWD will conduct these consultations during resettlement plan implementation. With the support of an implementation nongovernment organization (NGO). These consultations will involve disclosure on compensation, assistance options, and entitlement package suggested for the project.

12. To achieve transparency in the project and for further active involvement of DPs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. The EA will provide relevant resettlement information, including information from the above mentioned documents in a timely manner, in an accessible place and in a form and language(s) understandable to displaced persons and other stakeholders.

F. Legal Framework

13. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GoI, the Government of Maharashtra and Asian Development Bank. Prior to the preparation of the resettlement plan, a detailed analysis of the existing national and state policies was undertaken, and an entitlement matrix has been prepared for the project. This resettlement plan is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. The gaps between the policies have been identified and addressed to ensure that the resettlement plan adheres to the SPS (2009) requirements.

14. All compensation and other assistances will be paid to all DPs prior to commencement of civil works. After payment of compensation, DPs 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. The value of salvaged materials will not be deducted from the overall compensation amount due to the DPs. A notice to that effect will be issued intimating that DPs can take away the materials.

G. Entitlements, Assistance and Benefits

15. The cut-off date for non-titleholder is the end of the census survey which is 15th of June 2019. The structures affected under the project will be compensated at replacement cost. DPs who settle in the affected areas after the 15th of June 2019 cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction.

H. Relocation of Housing and Settlements

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16. There will be no person relocated from housing due to loss of full loss of residential housing. The EA will compensate to the non-titleholders for the loss of assets other than land, such as residential and commercial structures. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date.

I. Income Restoration and Rehabilitation

17. The impact assessment indicates that 102 households are losing their commercial assets under the both sub project roads. 02 DH are losing less than 10% of the productive assets and after dismantling the extended portion will restore their business with pre-project status. The 100 nos. of affected kiosks will be pushed back outside the corridor of Impact (CoI) within the RoW and there will be no disruption of livelihood.

J. Resettlement Budget and Financing Plan

18. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for resettlement plan implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. Contingency provisions have also been made to take into account variations from this estimate. The total budget for the proposed project resettlement plan is INR 7.37 Million.

K. Grievance Redressal Mechanism

19. The grievance redressal mechanisms will be established and will function at the commencement of resettlement plan implementation. Grievance Redressal Committee (GRC) will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRC will be established at two levels. There will be one GRC at PIU which will be headed by Superintending Engineer. The PIU headed by the Chief Engineer, will be at the state level. The GRC will have representative from the PMU and/or PIU affected people, an NGO, and/or other interest groups. All grievances will be routed through the NGO/ PIU/ local self-government to the GRC. The implementing NGO will act as a facilitator to the GRC. However an aggrieved person will have access to the country's judiciary at any stage of the project level grievance redress process.

L. Institutional Arrangement

20. The Executing Agency (EA) for the Project is MPWD. The Project Management Unit (PMU) headed by Chief Engineer (CE) will implement the project through a Project Implementation Unit (PIU) at the district level, headed by a Superintending Engineer (SE), PMU and PIU will be assisted by Project Management Services consultant and an Authority Engineer, respectively, that will have safeguards specialists. The PMU will engage an NGO support for implementation of resettlement and rehabilitation activities. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the Authority Engineers (AE) for implementation of the resettlement plan.

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M. Implementation Schedule

21. Implementation of resettlement plan mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place. The proposed project resettlement and rehabilitation activities are divided in to three broad categories based on the stages of work and process of implementation, as follows: i) Project Preparation phase ii) resettlement plan Implementation phase, and iii) Monitoring and Reporting phase.

N. Monitoring and Reporting

22. Resettlement plan implementation for the project by the EA through internal monitoring by the PMU, PIU responsible for the implementation of the resettlement plan, will prepare monthly progress reports on resettlement activities and submit these to the PMU. The PMU will prepare semi-annual resettlement plan to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. The PMU will submit the semi-annual monitoring reports to ADB for disclosure in the ADB website. 15

I. INTRODUCTION

A. Background

1. Maharashtra is a third largest state in India with a large population that is based out of villages and supports various industries and agriculture etc. Transportation becomes an important aspect in the development of the state, as proper facilities are not available in remote parts of the state. Transportation gives the ease of expanding the small scale industries by connecting them to the major cities in the state, better health facilities become easily accessible, improved agriculture based products amongst others. With the same motive the Government of Maharashtra through the PWD has taken up the task of improving the road connectivity of the state under the Maharashtra State Road Improvement Project.

2. Public Works Department, Government of Maharashtra (MPWD) is engaged in rehabilitation and up-gradation of State Highways (SH) and Major District Roads (MDR) to across the state under the aegis of Maharashtra State Road Improvement Project (MSRIP). The MPWD has requested the Asian Development Bank (ADB) to finance the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state.

3. MPWD, has prepared DPRs for the roads coming under the MSRIP by hiring a detailed design Consultant. The detail of Project Roads are mentioned in following table.

Table No. 1: Detail of Project Road

Sl. EPC Region District Road Road Name Length No. No. Designation in KM & Number 1. Konkan Ratnagiri SH 174 Improvement to NH-66 to Kante 23.50 Tulsani Devrukh Road Km 0/00 to 23/500. 2. EPC 1 Konkan Ratnagiri MDR 55 Improvement to Chafe 10.35 Ganpatipule Road Km 0/00 to 10/350, MDR 55 3. Konkan Ratnagiri SH 175 Improvement to Dabhole 28.10 Shiposhi Korle Vatul Road Joining to NH-17 km 0/0 to EPC 2 28/100 4. Konkan Ratnagiri SH 170 Improvement to Hatiwale 23.70 Jaitapur Road Km 0/00 to 23/700. 5. EPC 3 Pune Solapur SH 204 Improvement to Barshi Solapur 61.90 Akkalkot Dudhani Aland to State border Road SH 204 Km 1/400 to 63/300 Part Barshi to Solapur Tal Barshi. 6. EPC 4 Pune Solapur SH 68 Improvement to Daund Karmala 50.54 Paranda Barshi Osmanabad Road SH 68 Km 137/260 to 189/120 16

Sl. EPC Region District Road Road Name Length No. No. Designation in KM & Number 7. EPC 5 Amravati Yavatmal SH-51 Improvement to Shrirampur 56.05 Vaijapur Risod Washim Pusad Fulsawangi Mandvi Road (Section Washim Pusad) in Washim., Km 242/200 to 298/249 8. EPC 6 Amravati Amravati SH-300 and Improvement to Riddhapur 64.66 and SH 300 A Teosa Kurha Anjansingi Yavatmal Dhamangaon Rly Devgaon Babhulgaon Road SH-300 Km 40/600 to 108/00 and Dhamangaon Bypass Road K.M 0/00 to 6/565 TQ. Teosa 9. Amravati Amravati SH 47 Improvement to Valgaon 24.00 and Daryapur Akot (SH 47) Road Akola (Daryapur to Akot), Km 156/00 EPC 7 to 180/00. 10. Amravati Amravati MDR-21 Improvement to Amla 17.55 and SH-301 Runmochan Asara Road Dist. Amravati MDR-21 (17.50 Km) 11. Amravati Amravati SH-297 Improvement to Amravati 15.08 Chandur Rly Talegaon Road Km 32/200 to 49/155 Tq Chandur Rly. 12. EPC 8 Amravati Amravati SH-300 Improvement to Riddhapur 40.80 Lehegaon Ner Pingalai Teosa Road SH-300 Km. 0/00 to 40/800 Tal. Morshi. 13. EPC 9 Pune Solapur SH 68 Improvement to Daund Karmala 35.23 Paranda Barshi Osmanabad Road SH 68Km 208/160 to 250/155 Total 451.45

4. The main objective of the Project is upgradation of existing road to two lane with or without paved shoulders (as may be applicable) or higher configuration. The viability of the project shall be established taking into account the requirements with regard to rehabilitation, upgrading and improvement based on highway design, pavement design, type of intersections, rehabilitation and widening of existing and/or construction of new bridges etc., road safety features, rehabilitation and widening of existing and/or construction of new bridges and structures, quantities of various items of works and cost estimates and economic analysis.

5. The sub-proposed project roads stretches are is part of State Highway no. SH 47, SH 301 & MDR 21. The project roads traverse entirely in Amravati District of Maharashtra State. The sub- project road “Walgaon -Dariyapur- Akot” which is part of SH 47 having 24 km length starts from km 156+000 and end at km 180+00. Similarly “Dariyapur - Amla to Runmochan -Asara” road start at km 0+000 and end at km 17+500. Thus, the total road length under this construction package- 07 measures 41.55 km. 17

Figure No.1: District Map, Amravati

6. The project alignment and some important locations along the project road are presented in Figure below: 18

Figure No.2: Project road location Map 7. This subproject roads section Walgaon -Dariyapur- Akot is one of the prime links to connect SH-24, 194, 194, 195, 201, 204 as well as 212. Similarly, another subproject road stretch under this package Similarly “Dariyapur - Amla to Runmochan -Asara also provided connectivity to SH-200. 201 and 212.

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8. The road aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region.

9. This resettlement plan for this sub project is prepared based on the detailed design report prepared by Public works department Government of Maharashtra, PIU Amravati. The resettlement plan complies with the applicable State Government, Government of India and ADB policy and legal framework. This project is considered as Category B for Involuntary Resettlement (IR) as per the ADB Safeguard Policy Statement (SPS 2009).

B. Minimization of Impact

10. Adequate attention has been given during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement. However, technical and engineering constraints were one of the major concerns during exploration of various alternatives, especially in relations to road safety and decreasing congestion in key sections.

11. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of Structures, trees, utility services along the project road, the center line of the alignment is designed so as to cause minimum disturbance to existing features.

12. The existing RoW is sufficient for the project road for the proposed widening and improvement. The proposed centreline is designed such that no land acquisition is required.

C. Project Impacts and Benefits

13. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development to the region. The social benefits arising due to the project will be triggered due to improved accessibility to various services such as to markets, health facilities, schools, and workplace, which in turn increases the income of the residents, and ultimately elevating their standard of living. The possible direct and indirect positive impacts of the project are listed below.

a. One of the immediate benefits of road construction and improvement will come in the form of direct employment opportunities for the roadside communities and specially those who are engaged as wage laborers, petty contractors and suppliers of raw materials.

b. Improved road network will provide for improved linkages between the village communities and urban centre, which provides wider marketing facilities. Road network will not only link the village communities to better markets, but also open wider work opportunities in distant places. People can shuttle to distant work sites and towns and engage in construction, factories, business as well as domestic works.

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c. This subproject roads section Walgaon -Dariyapur- Akot is one of the prime links to connect SH-24, 194, 194, 195, 201, 204 as well as 212. Similarly, another subproject road stretch under this package Similarly “Dariyapur - Amla to Runmochan -Asara Road” also provided connectivity to SH-200. 201 and 212. Improved road network will also encourage urban entrepreneurs to invest in far and remote areas in commercial farming and industrial activities.

d. Improved road will also help people building strong institutional network with outside agencies. Essential and emergency services like schools, health center, public distribution system etc. can be availed faster. Increased frequency of interaction with outsiders will increase the awareness level of the people in the village regarding their health and nutrition, living style, value of education and proper utilization of available resources.

e. Interaction with the government, non-government and other development agents will help people gain new knowledge on improved farming, land development, development and maintenance of natural resources through the formation of various economic and social development groups.

D. Scope and Objective of Resettlement Plan (resettlement plan)

14. Appropriate attention and work have been done during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement. However, technical and engineering constraints were one of the major concerns during exploration of various alternatives, especially in relations to road safety and decreasing congestion in key sections.

15. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of buildings, trees, utility services along the project road, the centreline of the alignment is designed so as to cause minimum disturbance to existing features. The existing ROW, as per the government records, is between 18 to 30 meters (18.0 to 24.0 m in Built-up Area) in different road sections. The proposed centreline is designed such that no land acquisition is required. However, in populated area the inhabitants have encroached the existing RoW, extending their structures and putting/ placing kiosks for temporary business/ commercial activities.

16. The pictorial view of the proposed 2-lane with paved shoulder highway’s typical cross section is given in Figure No.3. The carriage way width of 7m is proposed with both side 1.5 m paved shoulder and both side 1m earthen shoulder. Lined drain of RCC is proposed in urban areas.

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Typical Cross section, Walgaon -Dariyapur- Akot Road

Typical Cross Section- Dariyapur - Amla to Runmochan -Asara Road

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Figure No.3: Typical Cross Section

Table No. 2: Town and villages along the Project Road

Walgaon -Dariyapur- Akot Road Existing Chainage Name of Town / Sr. No. Side From To Village 1 159+650 160+200 Both Vadner gangai 2 168+350 169+000 Both Yevada 3 179+800 180+000 Both Babhali Dariyapur - Amla to Runmochan -Asara Road

4 13+500 13+750 BOTH Amala 5 14+800 15+000 BOTH Runmochan

Table No. 3: Summary of Existing Carriageway

Sl. Walgaon -Dariyapur- Akot Road No Chain Carriageway Shoulder From To Width Surfac Length Paved Soft e (km) 24.000 1 156.000 180.000 5.500 BT -- -- 1.50/1.00 1.50/1.00

Dariyapur - Amla to Runmochan -Asara Road 1 0.000 2.000 3.75 BT 2.000 -- -- 1.50/1.00 1.50/1.00 2 2.000 3.500 5.50 BT 1.500 -- -- 1.50/1.00 1.50/1.00 10.350 3 3.500 13.850 3.75 BT -- -- 1.50/1.00 1.50/1.00

1.450 4 13.850 15.300 5.50 BT -- -- 1.50/1.00 1.50/1.00

1.200 5 15.300 16.500 3.75 BT -- -- 1.50/1.00 1.50/1.00

1.000 6 16.500 17.500 5.50 BT -- -- 1.50/1.00 1.50/1.00

17. This Resettlement Plan (resettlement plan) has been prepared to mitigate land acquisition and resettlement impact considering outcome of the preliminary engineering and technical design and topographic survey. Social screening was undertaken in conjunction with project feasibility studies. It provides important inputs and guidance to engineering designs.

18. The Resettlement Plan has been prepared based on census and socio-economic survey that was carried out to register and document the status of the potentially affected population within the project impact area, their loss of assets, and sources of livelihood. The Census data 23

provided the basis for establishing a cut-off date for non-title holders in order to determine who may be entitled to relocation assistance or other benefits from the project.

19. Socio-economic survey has also been carried out in order to assess the impacts and establish the mitigation measures and that includes comprehensive examination of people’s loss of assets, incomes, important cultural or religious networks or sites, and other sources of support such as common property resources. Analyses of survey results cover the needs and resources of different groups and individuals.

20. Preparation of the Resettlement Plan (resettlement plan) was undertaken within the project’s social assessment component. A key prerequisite of the resettlement plan is a policy framework for resettlement containing categories of impacts and their corresponding entitlements. The RAP provides detailed guidance on how to implement provisions in the policy framework, including institutional arrangements and budgets based on enumeration of project-affected people with entitlements under the framework.

21. The main aim of this Resettlement Plan (resettlement plan) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This resettlement plan has been prepared based on project census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement, 2009 designed by ADB to protect the rights of the displaced persons and communities. The issues identified and addressed in this document are as follows: • Type and magnitude of loss of non-land assets, loss of livelihood, loss of common property resources and social infrastructure; • Impacts on indigenous people, vulnerable groups like poor, women and other disadvantaged sections of society • Public consultation and community participation in the project; • Existing legal and administrative framework and formulation of resettlement policy for the project; • Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses/income; • resettlement and rehabilitation cost estimate including provision for fund and; • Institutional framework for the implementation of the plan, including grievance redress mechanism and monitoring & reporting.

E. Methodology for Resettlement Plan

22. For preparation of resettlement plan, a detailed social impact assessment of the project road was carried out including resettlement screening, land acquisition planning, project census survey of affected assets and households and public consultation meetings. The details of methodology adopted for the social impact assessment is discussed in the following section.

a. Resettlement Screening

23. A social screening exercise was performed through a reconnaissance survey to gather First-hand information on impact on land acquisition and resettlement with specific attention on land use, presence of legal and/or illegal housing, traffic patterns, cultural resources, urban 24

settlements and other sensitive areas. The aim of reconnaissance survey was to assess the scope of land acquisition and resettlement study and accordingly the detailed plan of action was prepared for the preparation of resettlement plan.

b. Resettlement Planning

24. The alignment was finalized as per the detailed engineering design. Initially, the numbers of affected villages were identified as per the alignment and availability of government land was confirmed from the revenue department.

25. Following finalization of the road alignment, cross-sections design and land acquisition requirements, census of all displaced persons (DPs) was carried out in the project. The objective of the project census survey was to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation.

26. A structured census questionnaire (Appendix 1) was used to collect detailed information on affected households/ properties for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. The survey was supervised by resettlement and rehabilitation specialist and the survey team were selected locally including some female familiar with local languages and the team was trained by the resettlement specialist and the survey was closely monitored on a regular basis. The census questionnaire was tested on ground and addition/deletion was made in questionnaire format which found irrelevant. Additionally, socio-economic data was also collected from the affected households.

27. The census survey includes the following: • Inventory of the 100% non-land assets • Categorization and measurements of potential loss • Physical measurements of the affected assets/structures • Identification of trees and crops loss • Collection of information on household characteristics, including social, economic and demographic profile • Identification of non-titleholders and titleholders • Assessment of potential economic and livelihood impact

c. Public Consultation

28. To ensure local community participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of road users and problem and prospects of resettlement, various sections of displaced persons (DPs) and other stakeholders were consulted through public consultation, focus group discussions, individual interviews/interaction as well as formal and informal consultations. Effort was made to include as much possible to include the vulnerable sections of DPs and women were in this consultation process. However, due to local reason, participation of women was less than men.

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. Land Acquisition Requirement

29. The existing Right of Way, as verified from the government records, is between 18-24 meter. and it is established that the legal ownership of RoW is with PWD, Amravati. It is proposed to develop the existing single lane/intermediate lane road to 2-lane carriageway with paved shoulders. The road formation width proposed for 2-lane carriageway with paved shoulder is only 12.00 m and hence, no additional land acquisition is required from private owner. Since there is no land acquisition is required and thus no impact is envisaged on private land.

B. Resettlement Impacts

30. Based on the above requirement, the project impact assessed through project census survey includes loss of non-land assets and loss of livelihoods. Other than this, non-land assets known as common properties resources (CPR) including religious, and community ownership are also assessed to be affected by the proposed project.

31. A project census survey was carried out to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost due to the project, which would be the basis of calculation of compensation. The census was carried out during the period between 10-20 December 2018, then on 26 Jan 2019. After that again Public consultation at Village Panchayat level was made between 3- 15 June 2019, so 15 June 2019 will be considered as cut-off date for the Non-titleholder DPs.

32. The last day of project census survey is the cut-off date for non-titleholders eligible for compensation and assistance under the project. The findings and magnitude of impacts are discussed in the following sections. C. Loss of Private Structures in the Project

33. Due to the proposed project work, there will be impact on a total 102 structures (81+21), owned by 102 households. However, no household will be relocated much far as mainly extended part of their main and temporary structure will be impacted which are in ROW. Most of them need shifting from RoW of project road. Among these, 102 structures, all are temporary in nature. The details of loss of structures are detailed in below table.

Table No. 4: Loss of Private Structures in the Project

Ownership No. of Number of Number of Sl. No. % % Status Structure DH Persons

Road Name- Walgaon -Dariyapur- Akot (SH-47) Road 1 Encroacher 02 02 2.47 05 1.46 2 Kiosk 79 79 97.53 338 98.54 Total 81 81 100 343 100 Road Name- Dariyapur - Amla to Runmochan -Asara road 1 Kiosks 21 21 100 104 100 26

Grand Total 102 102 100 447 100 Source: Primary Survey, 2019

34. The magnitude of impacts on private structures shows that out of 102 affected structures, 100 (98.04%) structures which are kiosk, are affected fully (100%) and need to be shifted while remaining 2 (1.96%) structure marginally affected (less than 10%) (extended / encroached part on RoW). The kiosk will be shifted outside of Corridor of Impact (COI) within the RoW at the same location.

35. The site condition suggests that the structures getting affected less than 10% will not impact on main structure and will be viable for living and need no relocation. The details of magnitude of impacts on structures are summarized in the Table 5.

36. Provisions are also included in the Entitlement Matrix that structures will be compensated at replacement cost fully, and partially if it is viable. Engineer from Building Department will assess the viability of structure during verification and valuation in consultation with the affected households.

Table No. 5: Magnitude of Impacts on structure Sl. Scale of Impact No. of %age Remarks No. Structure 1. Below 10 % of 02 1.96 Extended part of main productive structure/fixed structure, like stair, assets floor, wall etc. but NOT main structure 2. 100% 100 98.04 Kiosks Total 102 Source: Primary Survey, 2019 D. Type of Private Structure in the Project

37. As per census survey, total 100 households losing their entire structures (kiosks) and 02 are extended / encroached part of structures which are temporary and commercial in nature due to the project. The details of structures and number of displaced households are given in the Table No.6. The list of DPs is attached as Appendix-2.

Table No. 6: Type of Private structures affected by the Project Sl. No. Type of Structure No. of Structure DHs %age Road Name- Walgaon -Dariyapur- Akot (SH-47) Road 1. Commercial Structure 81 81 100 Road Name- to Dariyapur - Amla to Runmochan -Asara road 1 Commercial Structure 21 21 100 Total 102 102 100% Source: Primary Survey, 2019

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E. Use of Private Structures affected by the Project

38. The structures being affected in the project are of various usages and the details are presented in the Table 7

Table No. 7: Use of Private structures affected by the Project Sl. No. Type of Structure No. of Structure %age Walgaon -Dariyapur- Akot (SH-47) Road 1. Hotel 02 2.46 2. Kiosk 79 97.54 Dariyapur - Amla to Runmochan -Asara Road 1. Kiosk 21 100 Total 102 100 Source: Primary Survey, 2019 F. Type of Construction of Affected Structures

39. The structures being affected are temporary in nature. The details of type of constructions of the affected structures are summarized in the Table 8.

Table No. 8: Type of Construction of Affected Structure

Sl. No. Construction Type No. of Structure %age 1. Temporary 102 100

Total 102 100

Source: Primary Survey, 2019 G. Loss of Livelihood in the Project

40. As per the census survey, all 102 DPs losing livelihoods as all 102 structure are tin shed shops kiosks or commercial structures. The kiosk will be shifted outside of Corridor of Impact (COI) within the RoW at the same location. While remaining 2 structure marginally affected (less than 10%) (extended / encroached part on RoW). The productive assets will not be permanently lost but will be reconstructed on site. Hence, any income loss will not be permanent and will be re-established. The details of impact on livelihoods in the project are presented in the Table 9.

Table No. 9: Loss of Livelihood in the Project

Sl. Category of Impact No. of %age No. Household 1 Owner of Commercial Structure 02 2.46 Less than 10% of productive assets 2 Owner of commercial structure 100 97.54 (Kiosk) Total 102 100% Source: Primary Survey, 2019 28

H. Loss of Community Property Resources

41. In sub-project road “Walgaon -Dariyapur- Akot (SH-47) Road” 2 nos. of CPR affected, and both these CPR are bus stand. Similarly, in Dariyapur - Amla to Runmochan -Asara road, also 2 nos. of CPR affected and again both are bus stand. The types and nos. of affected CPRs are presented in the Table 10 and the list of CPR affected in the project is presented in Appendix: 3. CPRs will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community. CPR clearing and reconstruction including any ceremonial/religious expenses to relocate such structures will be undertaken by civil works contractors, and the associated costs are incorporated in their contracts.

Table No. 10: Type of Affected CPR

Sl. Category of Impact No. of CPR %age No. Walgaon -Dariyapur- Akot (SH-47) Road) & Dariyapur - Amla to Runmochan - Asara road 1. Bus Stand 4 100

Total 4 100 Note: Replacement cost of Bus Stand is considered in Civil Work cost 29

III. SOCIO-ECONOMIC INFORMATION AND PROFILE

A. Project Area Profile

42. The project area falls under Amravati district of Maharashtra state. Table 11 below presents the key socio-demographic data of the district and State.

Table No. 11: Key socio-demographic data of the state and the Project district Decadal Sex Ratio Density/km2 Population Growth Rate 2011 2001 - 2011 2011 2011

Amravati 2,887,826 10.77% 951 237 Maharashtra 11,23,74,333 15.99% 929 365 State Source: Census of India, 2011

43. The state of Maharashtra is bordered by the Arabian Sea to the west and the Indian states of Karnataka, Telangana, Goa, Gujarat, Maharashtra, and Madhya Pradesh and the Union territory of Dadra and Nagar Haveli. Maharashtra is the wealthiest state by all major economic parameters and the most industrialized state in India. Forests comprise 17% of the total area of the state. Most of the forests are in the eastern and Sahyadri regions of the state.

44. According to the census of 2011, the population of Maharashtra State was 11,23,74,333. Male to female ratio in the state is 929 females per 1000 males, while in 2001 it was 922 females per 1000 males. As discussed in Table 11, the decadal growth rate as on 2011, is 15.99% and density per square kilometer is 365AA people.

45. Amravati: The ancient name of Amravati is “Udumbravati”, prakrut form of this is “Umbravati” and “Amravati” is known for many centuries with this name. The mispronunciation form of this is Amravati and now the Amravati is known with the same. Amaravati district has 12 towns and 14 tahsils with 1997 villages spread over Dharni (156), Chikhaldara (193), AnjangaonSurji (127), Achalpur (171), Chandurbazar (169), Morshi (166), Warud (139), Teosa (95), Amravati (129),Bhatkuli (137), Daryapur (150), Nandgaon- Khandeshwar (161),Chandur-Railway (92) and Dhamangaon Railway (112) tahsils. The literacy rate of Amravati district is 87.4 percent, males and female literacy rates are 91.5 percent and 83.1 percent respectively. The economy of district is primarily dependent on agricultural sector, more than 70.1 percent of the total workers are engaged in agricultural activity. The district sex ratio (951) is higher as compared to that of state (929). The population of scheduled Cast is 17.53 % while Scheduled Tribe population constitute 13.99%. Percentage of urban population (35.9 percent) is lower as compared to State urban population (45.2 percent). Village Shirajgaon Kasba in Chandurbazar C.D.block is the most populated (17693) and villages Viththalapur (Achalpur C.D. Block), Irur and Bahirampur (Morshi C.D. Block) ,Asona and Jamalpur (Warud C.D. Block), Ukali (Amravati C.D. Block), Rustampur and Badegaon (Bhatkuli C.D. Block) have population of only one person each. Among the 12 towns in the district, Amravati Municipal Corporation is the most populous town having 647,057 persons and Chikhaldara (M Cl) is the least populous town with 5158 persons.

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B. Demography of Displaced Persons (DPs)

46. This section covers the demographic profile of the displaced persons, covering population, gender, age, religion and caste. The key demographic characteristics of the displaced population are discussed below.

47. As per survey, the number of total displaced households and persons are 102 (81 +21) and 447 (343+104) respectively, with 154 (123+31) adult males 137 (103+34) females and 156 (117+39) children (below 12 years.) The average family size is 4.3. There are only 01 joint family among the DHs and remaining 101 are nuclear family. The details of DPs being affected in the project are presented in the Table 12.

Table No. 12: Details Displaced Population Category Number Displaced Households 102 Displaced Persons 447 Male DPs 154 Female DPs 137 Children (below 12 years) 156 Source: Primary Survey, 2019

48. As per the project census survey, the religious status of the displaced households shows that 89.22% DH belong to Hindu religion and 10.78 % belongs to Muslim religion.

Table No. 13: Religious Groups Religion Total No. of DH Percentage (%) Hindu 91 89.22 Muslim 11 10.78 Total 102 100 Source: Primary Survey, 2019

C. Social Structure among Displaced Persons (DPs)

49. The social stratification of the project area shows that out of 102 DHs, in this package 88 (86.27%) DH are OBC, 11 (10.78%) are SC and 3 DHs belongs to General Category (2.94%) combinedly in both sub-project roads. The detail of social categories in the project area is presented in the Table 14

Table No. 14: Social Categories Sl. No. Category Number of DH Percentage (%) 1. Schedule Caste 11 10.78 Other Backward 88 2. 86.28 Class 3. General 03 2.94 Total 102 100 Source: Primary Survey, 2019 D. Vulnerability

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50. Certain groups of the population are considered vulnerable due to their socio- economic status and thus in need of special consideration, in order to ensure that their livelihood is improved. They will have provision for special assistance allowance under the project. They will derive benefits of livelihood programs and dovetailing other schemes of the government. These groups include:

• The poor: DH with incomes below the poverty line 3(BPL) • Members of tribal groups or Scheduled Tribes4 (ST) • Members of Scheduled Castes (SC)5 • Female-headed households (FHH) • The elderly • Disabled persons • Non Titled HH

51. All the vulnerable groups indicated above were identified in the project area during the census survey. All 102 displaced households were identified as vulnerable, because of Non-titleholder status of affected structure. All non-titled HH falls under the one or the other category of vulnerability. Here 11 DH are Schedule Caste HH and 91 are Non titled HH.

Table No. 15: Vulnerable Displaced Households Vulnerable Groups Number %age Schedule Cast HH 11 10.78 Non-Titled HH 91 89.22 Total 102 100 Source: Primary Survey, 2019

E. Annual Income Level of the Affected Household

52. There are no households whose earnings are below official national poverty level i.e. Rs 27000 per year. Majority, out of 102, 58 (56.86%) DHs have income level between Rs.40,001- Rs.60,000, 25 DHs (24.51%) have income between Rs 60,001- Rs 80,000, 16 DHs (15.69%) have income level between 80,001- 1,00,000. 02 nos. of DHs are earning more than Rs 1,00,000 in a year. The average income level of households in the project area is summarized in the Table 16.

Table No. 16: Income level of the Displaced Households

Sl. Annual Income Categories No. of %age No. (In INR) Households 1. Rs. 27,000 - 40,000 01 0.98 2. Rs. 40,001 - 60,000 58 56.86 3. Rs. 60,001-80,000 25 24.51 4. Rs. 80,001-1,00,000 16 15.69 5. Rs.1,00,001-1,50,000 02 1.96

3 The official threshold at ₹ 33 a day in rural areas and about ₹ 47per day in urban areas in terms of consumption and spending on per individual over a certain period for a basket of essential goods 4 Schedule Tribes’ (ST) are one of the weaker sections of the Indian population. Article 342 of Constitution of India on Fundamental rights defines STs as a ‘specific tribe or tribal communities or parts or groups within tribes or tribal communities. The Constitution also enshrines their rights considering their vulnerable status in society. 5 ‘Scheduled Castes’ (SC) are defined as the lowest castes in the Hindu caste system. 32

Sl. Annual Income Categories No. of %age No. (In INR) Households Total 102 100% Source: Primary Survey, 2018

F. Primary Income Earners and Sources of Income

53. Among the total of 102 displaced households, men are the primary income earners.

G. Occupational structure

54. The occupational pattern of head of DPs, reveals that 100 % DPs are engaged in business activities.

H. Educational Status

55. The illiterate population accounts for 6% of the DPs, 6.25% are just literate and primary level educational attainment has been achieved by 17.25 % of the DPs. Those with middle school education account for 18.5% and those with education up to secondary level account for 20.25 % and Higher Secondary level accounts for 17.5% of the total DPs. The Graduate people account for 3.75%. and only 2 DP is Post graduate. Table 17 provides a gender segregated breakdown of the educational status of the displaced persons in the project. 47 nos. of the affected population are minor (0-6 yrs.).

Table No. 17: Educational Status of the Displaced Persons Status Male % Female % Total % Illiterate 9 4.31 15 7.85 24 06.00 Just Literate 9 4.31 16 8.38 25 06.25 Primary 59 28.23 50 26.18 109 27.25 Middle 38 18.18 36 18.85 74 18.5 Secondary 42 20.10 39 20.42 81 20.25 Higher Secondary 40 19.14 30 15.71 70 17.5 Graduate 10 4.78 5 2.62 15 3.75 Postgraduate 02 0.96 0 0.00 02 0.5 209 Total 100 191 100 400 100

Source: Primary Survey, 2019

I. Impact on Gender

56. Though there are no woman headed household affected in this sub project, the socio- economic profile of the Project affected area reveal significant gender gap in literacy, work force participation and access to basic infrastructure. Low awareness level coupled with insignificant role in decision making at household and community level further poses constraints for women and other vulnerable groups to access the opportunities created by the project equitably. Consultations with women and vulnerable households (female headed households, households below poverty line etc.) were conducted as part of the social safeguard’s studies. The purpose of these exclusive discussions was to ensure women were aware about the project and understand their concerns and expected benefits out of the project. There were various concerns that were raised by the women during the 33

consultations. The women expressed a number of both key benefits and concerns that they perceive out of this subproject which are summarized as i) the women feel that their mobility will increase and market & relative’s places will be easily accessible for them as better road condition will induce more transport vehicles to operate, ii) The girl students will be able to attain higher education at colleges, since travel time and cost will be greatly reduced and the girls can commute from home all by themselves free of hazard, iii) Women from poor families will get job opportunity during construction work as casual labor or at office. Besides, women can operate individual / family enterprise by opening small tea stalls, shops/eateries to provide meals to the construction laborers, iv) Women laborer feel that improved road network will provide them with better job opportunity even after construction of road work is completed as they will be able to travel further and even commute to places of work from their home.

57. However, due to sparse population along the road issue related to sexually transmitted infections is very unlikely. Potential negative impacts will be addressed through community awareness raising sessions that will be implemented by the NGO who will assist the EA (see Appendix 5 for TOR of NGO). The NGO will coordinate with relevant organization or mobilize its own short-term experts in carrying out the activities. In addition, the contractor will also carry out HIV/AIDS awareness program among worker camps and nearby community as mandated in their contract.

58. Some of the key concerns were ❖ Preference to men as wage labour over women during construction ❖ Discrimination in wage payment ❖ Basic facility is generally not available at construction site ❖ More dependence of mechanized techniques in road construction likely to have less opportunity for labour for women

59. Addressing the risk of women, their safety issues and concerns through consultations shall be carried out throughout the project implementation. NGOs shall be in the forefront in protecting women’s rights, by exposing gender-based violence, violence against children and by promoting and developing a comprehensive, holistic and rights- based approach to health services for women. NGOs would be invited to assist as partners in the development of training programmes on the gender approach to health care. The NGO shall generate awareness about the alternative economic livelihood and enable PAPs to make informed choice and carry out periodic consultations with PAPs regarding the choice of resettlement (i.e. self or assisted), development of resettlement site, participation of women, etc.

J. Project Impact on Indigenous People

60. As per the 2011 census of India survey, ST population of in district Amravati is about 13.99 % of total population and SC population is 17.53%. However, affected household of ST along the project road is NIL while affected SC household is 05 (9.43%). Predominant Population among DPs are OBC (45 nos. / 84.90%). There is no impact on Indigenous People in this project. 34

IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Identification of Stakeholders

61. Consultations with various stakeholders were carried out during various phases of project preparation. The stakeholders in the project are both primary and secondary. The primary stakeholders are Project Displace Persons (DPs), project beneficiaries, Executing Agency, Implementing Agency especially the officials in Maharashtra PWD. The secondary stakeholder includes district magistrates and the revenue official’s village heads, head of Gram Panchayat, village administrative officers, village council, NGO and business communities in the area.

B. Public Consultation in the Project

62. Both formal and informal consultation were carried out at the stage of project preparation to ensure peoples’ participation in the planning phase of this project and to treat public consultation and participation as a continuous two-way process beneficial in projecting planning and implementation. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through focus group discussions and individual interviews/interaction.

C. Methods of Public Consultation

63. Consultations and discussions were held along the project with the affected families, local community and other stakeholders. All displaced households were consulted while interacting with them during the project census survey. Consultation meetings were organized to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions) are detailed below in Table 18.

Table No. 18: Consultation Methods adopted in Project Stakeholders Method

Displaced Person Through Census Survey involving head of the household as respondent Village head/representative of DPs Formal consultation at Panchayat level Local Communities Through Focus Group Discussion (FGD) at all affected Village

Women’s group Through Focus Group Discussion (FGD)

Vulnerable Groups (SC, ST, BPL) Through Focus Group Discussion (FGD) at affected village

D. Scope of Consultation and Issues

64. All the survey and consultation meetings were organised with free and prior information to the displaced persons and participants. Women members of the survey team assisted women to 35

present their views on their concerns. However, since most of DPs are shopkeepers, participation of women was comparatively less than men participant. During the consultation process efforts were made by the survey teams to:

▪ Determine the views of the DPs, with reference to road alignment and minimization of impacts; ▪ Recognize the views of the community on resettlement issues and rehabilitation options; ▪ Recognize the view and suggestion of women participant about project ▪ Recognize 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; ▪ Study APs’ opinion on problems and prospects of road related issues; ▪ Identify people's expectations from project and their absorbing capacity; E. Findings of the Public Consultations

65. During the resettlement survey, FGDs were conducted in affected villages along the project road. The participants in these FGDs are not limited to the place of meeting or DPs only but also included the other interested parties form the affected villages as all of them road users and beneficiaries under the Project. 66. In addition to the individual consultation with all displaced households during census survey were consulted in 5 consultation meetings/focused group discussions at 5 locations. Some of the major issues that were discussed, and feedback received from the villagers during the consultations, measures and key issues discussed/ taken are summarized in the Table 19 & 20. The list of participants and consultation photographs are presented in the Appendix 4. Summary of DP’s concerns and preferences toward relocation and resettlement were discussed and are recorded in Chapter VII: Relocation of Housing and Settlements. In appendix 4 details Panchayat wise public consultation details with photographs & participant is given.

Table No. 19: Summary findings of Consultations Issue Discussion/ Suggestion Measure Taken

Existing Road Existing road condition is not The proposed road will have 2 lanes with 1.5- Condition good specially for two-wheeler. meter paved shoulder either side as well as 1- There is lot of potholes which meter earthen shoulder. The driving will be attracts mishaps. Resurfacing smooth. and maintenance is done time to time, but it does not work after few months again potholes emerged. Transport and Existing road width is narrow The project road will provide better connectivity communication (approx. 5 to 5.5 meter) and and a faster transportation to distance places. problem traffic is increasing so it’s hard to achieve even average speed 30 km per hour. 36

Positive project The positive project impacts The proposed alignment will be on existing Impact perceived by the local people road so no new connectivity is planned but are all weather road, direct there will be smooth and speedy access to many facilities transportation. (School, Market health centre), transportation of their agricultural goods, business and employment opportunities, appreciation of land value etc. Negative Unlikely Negative impact is very unlikely as no new project impacts bypass and realignment is proposed. The project road will be upgraded on existing alignment within available RoW. However, in market area ANJAN SINGI, the extended part of structures/ shops will be impacted. Similarly, in village VATHODA KHURD, ASHOK NAGAR and DHAMAN GAON, small structure utilizing for small shops having tin shed, temporary structure will also be impacted. Owner of these structure will be appropriately compensated. Rate of Compensation at market rate The rate of compensation will be decided as compensation per market value and increased value provided by New LA RR Act-2013.A separate Entitlement matrix is prepared for compensation. Option for Willingness for self-relocation The affected people will be given cash relocation and cash compensation. Most compensation for loss of their assets. The of the DPs want cash implementing NGO will assist the DPs during compensation. the process. Income A lump sum amount as The affected people will be given cash Restoration additional assistance for compensation for loss of their assets. The income implementing NGO will assist the DPs during Restoration is provisioned the process. Consultation Local community wish to get During execution of project consultation will And participation informed, periodically continue consulted and their throughout the project cycle. participation in project during Implementing NGO will assist people in construction participation at various stages. Road user safety Proposed two lanes with paved Proper road user safety measures based on shoulder width of road facilitate site condition are taken and vehicle to speed up so there is incorporated in the project design. Special concern of road user safety measures like signage, informatorily boards, specially for children, elder speed breakers at schools, hospitals and person and women marketplaces will provided.

During construction of project road all the construction zone will be access controlled.

Transparency The project should ensure During execution proper supervision will be transparency in implementation ensured by PIU, Supervision consultant as well 37

in Project and quality of construction work as through funding agency ADB. There are Implementation provisions like GRC, VLC and direct access to Implementation Office for any complain or grievances. The project details and contact numbers will be displayed at start and end point of project road so any one easily reaches the PIU and contractor.

Table No. 20: Summary of findings of Consultations Sl. No. Key issues / demands Perception of Community 1. Awareness of the Project- More than 90% of local community know about the including coverage area road development project.

2 In what way they may be 6-70 % are of the view that they shall be the associated with the Project beneficiaries of the project

3. No. of people who supports 100% of people/participant of consultation the project and the no of supported or have no opinion. None of them people who do not. Reason opposed the project. why? 4. Perception of people- they Very few of them could analysis the situation and might face during few them said there be more dust during construction and their construction as well as chance of accident will requirement/demand with increase. respect to noise, accessibility to various places and others 5. Perception about their More than 80% of them said life will be easier in standard of living may raise many ways. due to project intervention

6. What are the benefits they 50% of them feels they may have better job might get due to the opportunities due to better transportation after the construction of the road like construction of the road. Another 50% do not have better access to health, any opinion on this issue. education; better connectivity; smooth traffic etc. 7. Impact on livelihood due to Most of them believed that there will be no such construction of project impact on livelihood due to construction of the Project. 8. Willingness to work in the 15 % of them have expressed their expectation of project work getting a job during the construction period of the Project 9. Any suggestions or Appreciating the Governments effort of improving comments on the project the roads but want better projects to be introduced 38

being undertaken by the for overall development of the community. About Govt. 80 % of them suggested Solar light at bus atop and in populated area should be part of project. Almost 100% of them in view of good and covered drainage in village and market area. 100% of them in view that the schools and temples must relate to approach road to main road. Almost 100% participant was in favour of Good and big bus stop.

F. Consultation with Officials and Other Stakeholders

67. Other stakeholders in the project such as Executing Agency especially the officials in PWD, PIU staff and the concerned district administration like forest department and the revenue officials were also consulted on various issues. The details of some of such consultations are summarized in the table:

Table No. 21: Consultation with officials and Other Stakeholder

Sl. Name and Designation Issue discussed No. 1 Executive Engineer • Project proposal, alignment, detailed design Mrs. Vibhavari Vaidya report, LA and resettlement and rehabilitation issue, • Land acquisition planning, collection of revenue map and landholder’s details, site visit, coordination with line department • Collection of revenue map and landholder’s details, resettlement and rehabilitation Survey 2 Sup. Engineer Land acquisition planning, collection of revenue Mr. Vivek Salve map and landholder’s details, site visit, coordination with line department 3 DCF Amravati Land details and forest Area along the road Mr. Narwane

G. Plan for further Consultation in the Project

68. The effectiveness of the resettlement and rehabilitation program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with DPs will form part of the further stages of project preparation and implementation. The implementing NGO will be entrusted with the task of conducting these consultations during resettlement plan implementation, which will involve disclosure on compensation, assistance options, and entitlement package suggested for the project. The consultation will continue throughout the project implementation period. The following set of activities will be undertaken for effective implementation of the resettlement plan:

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

69. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for the project as per the format below in Table 22.

Table No. 22: Format for Public Consultation and Disclosure Plan

Sl. Activity Task Agencies No. 1 Public Notification Notify eligibility cut-off date for NTH PIU/NGO 2 Disclosure of Translate resettlement plan in local PIU/NGO resettlement plan language (Marathi) and disclose at PIU Office and Panchayat 3 Distribution of Prepare resettlement and PIU/NGO resettlement and rehabilitation information leaflet rehabilitation and distribution to Aps information leaflet 4 Disclosure of Post resettlement plan on ADB and ADB/PIU resettlement plan PIU website on website 5 Consultative Face to face meeting/interaction PIU/NGO meetings during with Aps joint measurement survey

6 Disclosure of Disclosure after joint measurement PIU/NGO updated survey resettlement plan 7 Disclosure of the resettlement plan disclosed on ADB/PIU final or updated ADB and PIU website and to resettlement plan affected household and other stakeholders through PIU and /or Panchayat offices

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H. Information Disclosure

70. The resettlement plan shall be disclosed in panchayat offices. The EA will submit the following documents to ADB for disclosure on ADB’s website: ❖ a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if required; and ❖ the resettlement monitoring reports.

71. The EA will translate the resettlement plan in Hindi/ Marathi and English and disclose it at PIU office and panchayat office. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the project will be made available in local (Marathi) language and distributed to DPs by the implementing NGO during initial consultation after verification of DPs. For DPs who are illiterate, appropriate and implementable method will be followed for the DPs to be notified and informed. Implementing NGO will disseminate relevant information through public consultations and other channels and will pay specific attention to ensure those who are illiterate receive information on a timely basis.

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V. LEGAL FRAMEWORK

A. Country Legal and Regulatory System

72. 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 DPs under the Maharashtra State Road Sector Project. The acquisition of land shall be done as per the provision of RFCTLARRA 2013.

73. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 is effective from January 1, 2014 after receiving the assent of the President of Republic of India, repealing the Land Acquisition Act, 1894. The aim of the new act is to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives and aims to ensure adequate compensation including rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected. The Act also recognizes the need for protecting the weaker sections of the society especially members of the scheduled castes and scheduled tribes.

74. The aims and objectives of the Act include: (i) to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution of India, a humane, participative, informed and transparent process for and acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other displaced families; (ii) provide just and fair compensation to the displaced families whose land has been acquired or proposed to be acquired or are displaced by such acquisition; (iii) make adequate provisions for such displaced persons for their rehabilitation and resettlement; (iv) ensure that the cumulative outcome of compulsory acquisition should be that displaced persons become partners in development leading to an improvement in their post- acquisition social and economic status and for matters connected therewith or incidental thereto. The key features of the new land acquisition act are as follows: Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II and III outline the resettlement and rehabilitation (resettlement and rehabilitation) entitlements to landowners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. The Schedules IV lists out other land acquisition acts, which will be repealed with 1 year after LAAR is effective. The salient provisions of the RTFCTLARR Act relevant to the project are as follows:

1. There are three schedules incorporated in the act, Schedule I deals with compensation, schedule II with resettlement and rehabilitation and Schedule III with Civic amenities to be provided in the resettlement colony. 2. Preparation of Social Impact Assessment study including assessment of public purpose through a process of public consultation and disclosure for land acquisition proposals covered under the Act. 3. Transparent procedures to be followed in the acquisition of land from preliminary notification to award and possession and preparation and implementation of rehabilitation and resettlement schemes for those displaced by acquisition of land for public purpose. 42

4. Land Acquisition in Schedule Area as per the RFCTLARRA 2013, a separate Development Plan shall be formulated as per Section 41. The Development Plan will cover : a. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force, provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. Documentation of this has to be provided. b. The report has to provide the details of procedure for settling land rights dues. c. Details of how to restore titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land. d. Details of program for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. e. The Plan has to ensure that the affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. f. The Plan has to state and ensure that the resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. g. Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. h. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. 5. There is a separate law for settlement of forest dwellers under Forest Right Act 2006. Under the provision the settlement of dwellers belonging to ST/SC living in the forest area must be settled before any forest land diversion. 6. Under Panchayat (Extension to Schedule Areas) Act 1996 provides special provision for land being alienated by the Tribal. The provisions of this act has been incorporated in RFCTLARRA 2013 s.41. 7. Procedure and methodology for determination of market value for compensation to be provided to legal title holders. 8. Infrastructural facilities to be provided in resettlement areas and special provision for Scheduled Castes and Tribes. 9. Institutional mechanism for implementing the provision of the Act, monitoring of resettlement and rehabilitation and grievance redressal. 43

10. Procedure for payment of compensation. 11. Temporary possession of land. 12. The owners of land and structures (including those having certain legal rights) proposed to be acquired and, in urban areas, those who are staying on or whose livelihood is dependent on such land for a period of 3 years prior to acquisition of land are entitled for certain compensation and benefits under the Act. 13. For legal title holders in urban areas, the compensation for land is equivalent to market value of land, value of assets attached to the land or buildings and 100%solatium on value of land. 14. For houses lost as a result of acquisition of land in urban areas, a constructed house of not less than 50 sq. m. plinth area (if required in multi-storied building)is to be provided for a family. Alternatively, if so desired by the PAP, a one-time financial assistance of not less than Rs. 1.5 Lakhs is to be given for construction of a house. However, the location of house in terms of the distance from lost house is not prescribed. 15. In addition, the displaced family is to be provided (i) training and skill development for job to one family member in the project or one-time payment of Rs. 5 Lakhs or annuity policies that pay Rs. 2,000 per month per family for 20years indexed to CPI (ii) monthly subsistence allowance of Rs. 3,000 per month for a period of one year (iii) one-time financial assistance of Rs. 50,000 towards transportation cost for shifting (iv) one-time resettlement allowance of Rs.50,000. 16. Each petty shop owner / small trader / self-employed person and family owning non- agricultural land, or commercial, industrial or institutional structure is to be provided one-time financial assistance of minimum Rs. 25,000 for construction of shop.

17. The stamp duty and registration charges for the land and house to be provided to the PAPs shall be borne by the acquiring body. It may be seen that while elaborate provisions for compensation and resettlement and rehabilitation benefits are made for those displaced due to the acquisition of land for the project, the Act does not prescribe any benefits for occupants of structures located on public (Government) land and affected by the project. Further, the Act does not envisage any resettlement benefit for occupants/ owners of structures used for other than residential purposes and affected by the project. The Central Board of Direct Taxes vide Order dated 25/10/2016 has clarified that the compensation received in respect of award or agreement, which has been exempted from levy of income tax vide Section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961.

B. ADB Safeguard Policy Statement (SPS), 2009

75. The objectives of ADB's SPS (2009) with regard to involuntary resettlement are: a. To avoid involuntary resettlement wherever possible; b. To minimize involuntary resettlement by exploring project and design alternatives; c. To enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and d. To improve the standards of living of the displaced poor and other vulnerable groups.

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76. ADB's SPS (2009) covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of;

a. involuntary acquisition of land, or b. Involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary.

77. The three important elements of ADB’s SPS (2009) are: a. Compensation at replacement cost for lost assets, livelihood, and income prior to displacement; b. Assistance for relocation, including provision of relocation sites with appropriate facilities and services; and c. Assistance for rehabilitation to enhance, or at least restore, the livelihoods of all displaced persons relative to pre-project levels and to improve the standard of living of displaced poor and other vulnerable groups.

C. Maharashtra Direct Purchase Policy

78. The land will be acquired under Maharashtra Direct Purchase Policy 2016 in this project. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12th May 2015, Revenue & Forest Department, Govt. of Maharashtra. Generally, for a different project, the private land required, is acquired as per the prevailing Land Acquisition Act by concerned Land Acquiring Institution. However, if the land required by Land Acquiring Institution is acquired by direct purchase method instead of acquiring as per Land Acquisition Act which is not prohibited through direct purchase method it shall be done considering following directive principles: a) Directive Principle – Land required for new projects other than irrigation project. While acquiring land through direct purchase method, land shall be acquired for the entire project. b) District level committee for deciding compensation – A committee shall be constituted under the Chairmanship of Collector to decide the rate of land being acquired through direct purchase method. The committee shall comprise the following: 1. District Collector – Chairman 2. Superintending Engineer Irrigation – Member 3. Superintending Engineer PWD – Member 4. District Government Pleader – Member 5. Assistant Director of Town Planning – Member 6. Competent Authority of acquiring body – Member 7. Concerned Deputy Collector (Land Acquisition) – Member

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79. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 30th Sept. 2015, Revenue & Forest Department, Govt. of Maharashtra.

80. The Govt. Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12 May 2015 was amended on 30th September 2015 in view of difficulties faced in processing the land acquisition of private land for irrigation and other projects. a) Directive Principles: Sr. No. 2 was amended “which are related to irrigation projects covering both new projects as well as incomplete projects”. b) District level committee for deciding compensation: In Sr. No. (i) for invitee member – Districts where Superintending Engineer Post of Irrigation/ PWD Dept. is not available, the concerned Chief Engineer shall authorize the Superintending Engineer of adjacent district. In Sr. No. (ii) “Advocates on a panel of Acquiring Institution” has been added after through Govt. Pleader. c) Procedure for deciding compensation – “For Project … then 25% should be added on the above-calculated compensation” thereafter “while considering market value as per Land Acquisition Act article 26(1), the average of sale deeds for preceding 3 years shall be taken. In the column of purchase and Index-2 shall reflect all the components considered for deciding the compensation package independently (market rate, amount as per notified multiplying factor, compensation against assets connected with the land, solatium, 25% additional compensation due to consent for Direct Purchase Method etc.). While deciding the market value for further purchases the amount of market value included in the compensation package as per Land Acquisition Act 2013 shall only be considered, other components (Amount as per notified multiplying factor, compensation against assets connected with the land, solatium, 25% additional compensation on land valuation due to consent for Direct Purchase) shall not be considered. 81. The process to be followed under the policy is summarized below.

• To Identify the land required • Submit the proposal to the collector office as per Performa “C” • Publish the notice in at least two most selling local language newspaper in the district • To take permission letter/ NOC from the landowner • The consent is obtained from the owner • Authorized Office of the PWD department will Demarcate the Land to be acquired • Preparation of Legal Search Report • Valuation of the private land based on the previous 3 years records • To appoint the district level committee for compensation of land • Execution of Sale deed based on the legal search report • If the land falls in schedule area, then land has to be acquired under the provision of RFCTLARRA 2013. 46

• In case of failure of direct purchase Policy, the land shall be acquired as per the provision of RFCTLARRA-2013.

D. Comparison of Country and ADB Policy and Measures to Fill Gaps

82. A detailed policy comparison between ADB’s Safeguard Policy Statement, 2009, and RFCTLARRA, 2013, identified gaps and gap filling measures in the RF are given in following Table 23.

Table No. 23: Detailed Policy Comparison Fair Compensation and Involuntary ADB Safeguard Transparency in Land Sl. Resettlement Policy Statement Acquisition, Rehabilitation Measures to Bridge Gaps No. Policy (SPS) and Resettlement Act, 2013 Principle (RTFCLARR) 1 Screen project Screen the project Section 4 (I) it is obligatory for No gap in conduct of social to identify past, the appropriate Government impact analysis between present and future that intend to acquire land for a RFCTLARR and SPS involuntary public purpose to carry out a resettlement Social Impact Assessment study Gap in screening past, impacts and risks. in consultation with concerned present and future Conduct survey Panchayat, Municipality or involuntary resettlement and/or census of Municipal Corporation, as the impacts and risks The displaced persons, case maybe, at village level or Project will undertake including a gender ward level in the affected area. screening of all projects analysis, The Social Impact Assessment using the ADB involuntary specifically study report shall Be made resettlement checklist, to related to available to the public in the identify past, present and resettlement manner prescribed under future involuntary section 6. resettlement impacts and risks. 2 Consult Carryout Whenever a Social Impact Gap in continuous stakeholders consultations with Assessment is required to be meaningful consultation and establish displaced persons, prepared under section 4, the The project will ensure grievance host communities appropriate Government shall meaningful consultation redress and concerned ensure that a public hearing is throughout the project mechanism NGOs. Informally held at the affected area, after cycle displaced persons giving adequate publicity about Gap in establishing a of their the date, time and venue for the project-level GRM for entitlements and public hearing, to ascertain the projects that do not have resettlement views of the affected families to significant resettlement options be recorded and included in the impacts. Social Impact Assessment Report. The Land Acquisition The Project will establish Rehabilitation and Resettlement project-level GRM. Authority shall be established in each State by the concerned State Government to hear disputes arising out of projects where land acquisition has been initiated by the State Government or its agencies. 47

Fair Compensation and Involuntary ADB Safeguard Transparency in Land Sl. Resettlement Policy Statement Acquisition, Rehabilitation Measures to Bridge Gaps No. Policy (SPS) and Resettlement Act, 2013 Principle (RTFCLARR) 3 Improve or at Improve or restore The Deputy Commissioner (DC) No gap between SPS and least restore, the livelihoods of having determined the market RFCTLARR. Assets to be the livelihoods all displaced value of the land to be acquired compensated at of all displaced, persons through:(i) shall calculate the total amount replacement cost without and payment at land-based of compensation to be paid to depreciation replacement resettlement the landowner (whose land has cost strategies; (ii) been acquired) by including all prompt assets attached to the land. replacement of assets with access to assets of equal or higher value,(iii) prompt compensation at full replacement cost for assets that cannot be restored, and(iv) additional revenues and services through benefit sharing schemes where possible. 4 Assistance for Provide physically Schedule I, provides market No gap between SPS and displaced and economically value of the land and value of RFCTLARR. Entitlement persons displaced persons the assets attached to land. Matrix outlines with needed Schedule II provides compensation and assistance resettlement and rehabilitation assistance for APs. package for landowners and for livelihood losers including landless and special provisions for Scheduled Tribes. 5 Improve Improve the Special provisions are provided No gap between SPS and standard of standards of living for vulnerable groups. RFCTLARR. Entitlement living of of the displaced Matrix outlines assistance displaced poor and other for vulnerable groups, as vulnerable vulnerable groups, defined by ADB policy. groups especially those below the poverty line, the landless, the elderly, women, children, indigenous peoples, and those without title to land, to at least national minimum standards 6 Negotiated Develop Section 46 of RFCTLARR Act, To ensure a fair and settlement procedures in a 2013 permits direct purchase of transparent process, a transparent, third-party independent 48

Fair Compensation and Involuntary ADB Safeguard Transparency in Land Sl. Resettlement Policy Statement Acquisition, Rehabilitation Measures to Bridge Gaps No. Policy (SPS) and Resettlement Act, 2013 Principle (RTFCLARR) consistent, and land and undertaking direct monitor will be hired to equitable manner if negotiation with the landowner. certify the process the land acquisition is negotiated purchase was through negotiated undertaken in a settlement to transparent, consistent and ensure that those equitable manner. people who enter into negotiated settlements will maintain the same or better income and livelihoods status 7 Compensation Ensure that Schedule II provides benefits to Gap between SPS and for nontitle displaced persons families whose livelihood is RFCTLARR. holders without titles to primarily dependent on land The project Entitlement land or any acquired Matrix outlines recognizable legal compensation and rights to land are assistance for nontitle eligible for holders, including resettlement squatters, encroachers and assistance and sharecroppers. compensation for loss of non-land assets. In the rural area, provide them with access to resources. In the urban area, provide them with access to housing. 8 Prepare Prepare a Preparation of Rehabilitation No gap between SPS and resettlement resettlement and Resettlement Scheme RFCTLARR. plan plan/indigenous including timeline for resettlement plan will be peoples plan on implementation. Section: 16. (1) prepared for projects with displaced persons’ and (2). Separate development impact. entitlements, the plans to be prepared. Section 41 income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule. 49

Fair Compensation and Involuntary ADB Safeguard Transparency in Land Sl. Resettlement Policy Statement Acquisition, Rehabilitation Measures to Bridge Gaps No. Policy (SPS) and Resettlement Act, 2013 Principle (RTFCLARR) 9 Disclose Disclose a draft Under clause 18, the No gap between SPS and resettlement resettlement plan, Commissioner shall cause the RFCTLARR. The RF and plan including approved Rehabilitation and resettlement plans will be documentation of Resettlement Scheme to be disclosed to affected the consultation made available in the local persons. processing a timely language to the Panchayat, manner, before Municipality or Municipal project appraisal, Corporation. As the case in an accessible maybe, and the offices of the place and a form District Commissioner (DC) the and language(s) Sub-Divisional Magistrate and understandable to the Taluka, and shall be displaced persons published in the affected areas, and other in such manner as maybe stakeholders. prescribed and uploaded on the Disclose the final website of the appropriate resettlement plan Government. and its updates to displaced persons and other stakeholders 10 Cost of Include the full Section 16. (I) Upon the No gap between SPS and resettlement costs of measures publication of the preliminary RFCTLARR. proposed in the Notification under sub-section(/) Cost of resettlement will be resettlement plan of section II by the Collector, the covered by the EA. and indigenous Administrator for Rehabilitation peoples plan as and Resettlement shall conduct part of project’s a survey and undertake a costs and benefits. census of the affected families, For a project with in such manner and within such significant time as may be Prescribed, involuntary which shall include:(a) resettlement particulars of lands and impacts, consider immovable properties being implementing the acquired of each affected involuntary family;(b) livelihoods lost in resettlement respect of land losers and component of the landless whose livelihoods are project as a stand- primarily dependent on the lands alone operation. being acquired;(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;(d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and(e) details of any common property 50

Fair Compensation and Involuntary ADB Safeguard Transparency in Land Sl. Resettlement Policy Statement Acquisition, Rehabilitation Measures to Bridge Gaps No. Policy (SPS) and Resettlement Act, 2013 Principle (RTFCLARR) 11 Taking over Pay compensation Section 38 (I) The Collector shall No gap between SPS and possession and provide other take possession of Land after RFCTLARR. before payment resettlement ensuring that full payment of of entitlements before compensation as well as compensation physical or rehabilitation and resettlement economic entitlements are paid or displacement. tendered to the entitled persons Implement the within a period of three months resettlement plan for the compensation and a under close period of six months for the supervision monetary part of rehabilitation throughout project and resettlement entitlements implementation. listed in the Second Schedule commencing from the date of the award made under section 30. 12 Monitoring Monitor and Section 48 (I)The Central RFCTLARR does not assess Government may, whenever specify the frequency of resettlement necessary for national or inter- monitoring. The Project will outcomes, their State projects, constitute a prepare monitoring reports impacts on the National Monitoring Committee semi-annually as per SPS. standards of living for reviewing and monitoring the of displaced implementation of rehabilitation persons, and and resettlement schemes or whether the plans under this Act. objectives of the resettlement plan have been achieved by considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

E. IR Policy Adopted for the Project

83. Based on the analysis of the national legal framework, State Rules on LA Act-2013, State policy and ADB policy, the following resettlement principles are adopted for this sub-project.

i. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Measures to avoid and minimize involuntary resettlement impacts include the following: (i) explore alternative alignments or locations which are less impacting, (ii) ensure the appropriate technology is used to reduce land requirements, (iii) modify the 51

designs, cross sections, and geometrics of components to maximize the ROW and ensure involuntary resettlement is avoided or minimized.

ii. Carry out meaningful consultations with displaced persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the concerns of displaced persons. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

iii. Improve, or at least restore, the livelihoods of all displaced persons through; (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement cost for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

iv. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

v. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement6to ensure that those people who enter

6 ADB SPS 2009 (Safeguards Requirements 2) does not apply to negotiated settlements. The policy encourages the acquisition of land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with displaced persons, including those without title to assets. A negotiated settlement will offer adequate and fair price for land and/or other assets. Also, an independent external party will be engaged to document the negotiation and settlement processes. In cases where the failure of negotiations would result in expropriation through eminent domain or the buyer could acquire the property regardless of its owner’s decision to sell it or not, will trigger ADB’s involuntary resettlement policy. The Safeguard Requirements 2 will apply in such cases, including preparing a resettlement plan 52

into negotiated settlements will maintain the same or better income and livelihood status.

vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non- land assets.

viii. Prepare a resettlement plan elaborating on the entitlements of displaced persons, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. This resettlement plan will be approved by ADB prior to contract award.

ix. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders.

x. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

xi. Payment of compensation and resettlement assistance as per RFCTLARRA-2013 (as adopted by Maharashtra Govt.)/Direct Purchase Policy of Maharashtra-2016 and following the entitlement matrix included in the resettlement plan.

xii. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

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

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VI. ELIGIBILITY AND ENTITLEMENTS

A. Eligibility under the Project

84. The eligibility of compensation, all the DPs will be provided with compensation and rehabilitation if (i) their land is lost/reduced (ii) income source adversely affected permanently or temporarily, (iii) houses partially or fully demolished, and (iv) other properties such as crops, trees and other assets or access to these properties are reduced or damaged due to the project. Absence of legal documents of their costmary rights of occupancy/titles shall not affect their eligibility for compensation. It also must be noted that during the project implementation stage, if there are any change in the alignments, thereby adversely affecting the land, livelihood or other assets of the people, the same shall be compensated in accordance with the resettlement plan.

85. The resettlement plan stipulates payment of compensation as per the assessed value of the land and structure to the DPs. In addition to the compensation payments made by the Land Acquisition. Officer/Competent Authority, the DPs will receive additional assistance in cash or kind to match replacement costs, as applicable, for lost assets (land and houses), transaction costs such as stamp duties/registration costs in case of purchase of replacement land and other cash grants and resettlement assistance such as shifting allowance, compensation for loss of work days/ income due to dislocation. The vulnerable household such as household headed by women, scheduled tribes/scheduled castes; disabled and elderly persons will be eligible for further cash assistance for relocation and house reconstruction and will be assisted during shifting if required.

86. In this project, displaced persons will include (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements shall apply to all three types of displaced persons. DPs entitled for compensation, assistance and rehabilitation provisions under the project are: (i) all DPs losing land either covered by formal legal title, recognizable title, or without legal status; and (ii) DPs losing business, income, and wages/salaries.

87. Considering the various losses, the entitlement matrix provides for compensation and resettlement assistance to all displaced persons including the non-titleholders in the project area. In general terms, the people displaced by the project will be entitled to the following types of compensation and assistance:

I. Compensation for the loss of land as per Maharashtra Direct Purchase Policy 2016, and compensation of crops/ trees at their replacement cost II. Compensation for structures (residential/ commercial/ residential cum commercial) and other immovable assets at their replacement cost; III. Assistance in place of the loss of business/ wage income and income restoration assistance; IV. Assistance for shifting and provision for the relocation site (if required), and V. Additional assistance to vulnerable groups, namely female-headed households, scheduled castes (SC), scheduled tribes (ST), those below the poverty line, elderly, landless and disabled. VI. One-time Resettlement Allowance 54

VII. Rebuilding or restoration of community resources and facilities

88. Loss of land is not envisaged under the Project as the project road will be widened and upgraded only on exiting alignment within available RoW. No Bypass and realignment are proposed. As there is no private land acquired hence, no cost for land acquisition is involved in this project.

89. Loss of Structures for Non- titleholders will be compensated at replacement value with other assistance to the non-titleholders. The details of entitlement will be as:

• Each affected family shall be eligible for Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation) • Fees, taxes, and other charges related to replacement structure. • Right to salvage materials from structure and other assets with no deductions from replacement value. • Each displaced family shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate • @ Rs.10000

90. Loss of Commercial Structures for Non- titleholders will be compensated at replacement value with other assistance to the non-titleholders. The details of entitlement will be as: • Replacement cost of structure constructed without depreciation • Extended Permanent Shed shall be paid Rs. 10000 lump sums • Right to salvage materials from structure and other assets • Each displaced family shall get one-Time resettlement allowance of Rs.50000 • All displaced families will receive one time shifting assistance at the rate of Rs.10000

91. Loss of Commercial Structures for Non- titleholders losing Projection frontage (Structures with GCI/GI sheets) • One-time repair grant @20000.

92. Loss of livelihood due to loss of primary source of income will be compensated through rehabilitation assistances. Details of entitlements for the above categories are described below:

❖ Skill up-gradation training for one member of the affected family as recommended by district administration as per prevailing government program subject to maximum of Rs. 25,000. ❖ Support to access government income generating and development programs.

93. Loss trees and crops will be compensated by cash compensation. The entitlements to the DPs losing trees will be compensated for trees based on timber value at market price, and 55

compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

94. Additional assistance to vulnerable households (BPL, SC, ST, WHH, disabled and elderly as well as landless) will be paid with special assistance as detailed below. The following provision in addition to the compensation for lost assets will ensure that the vulnerable people affected under the Project will be able to improve their standard of living or attain at least national minimal level.

• One-time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other. • Receive preference in income restoration training program under the project. • Preference in employment under the project during construction and implementation according to their acquired skills. • Access to basic utilities and public services.

95. Loss of community infrastructure/common property resources; - It will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community. CPR clearing and reconstruction including any ceremonial/religious expenses to relocate such structures will be undertaken by civil works contractors, and the associated costs are incorporated in their contracts.

B. Entitlement Matrix

96. The broad entitlement of compensation and assistance will include compensation for loss of agricultural land, compensation for loss of crops and trees, assistance for loss of income and additional assistance to vulnerable groups. Income losses will be compensated, and no structure and property will be demolished or acquired for any Project related construction activity, until compensation and resettlement and rehabilitation assistance is made available to the displaced households in accordance with this policy. The payment of compensation and assistance will be based on National and ADB’s policies and the provisions of the ADB’ SPS, 2009 will prevail in case of any discrepancy. The Entitlement matrix has been prepared as per the project requirement. The detailed entitlement matrix is given in Table 24 below.

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Table No. 24 Entitlement Matrix

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

Land

1-a Loss of Agricultur Legal • Compensation for land as • Compensation District private al land, titleholders/ per Maharashtra Direct accounts for all Collector/ shall land homestea Family with Purchase Policy 2016. taxes and fees determine the d land or traditional Wherever policy will not be shall be borne market value of vacant titleholders applicable7 then by project and the land and plot compensation of land as does not multiply by the per LARR 2013 Which shall account for any factors and add not below replacement cost depreciation. 100% solatium • Each affected family shall • Re-titling to be as specified in be eligible for one-time completed prior LARR Act. assistance of 25% of to project MPWD will Compensation As per completion ensure provision Maharashtra direct of notice. MPWD purchase policy 2016 will verify the • Subsistence allowance of extent of Rs. 36000 to each impacts through displaced family. Additional a 100% survey Rs. 50000 to SC and ST of DPs, households in case of determine displacement from assistance, and Schedule Area identify vulnerable households.

1-b Loss of Agricultur Tenants and • Compensation for rental • Land/ MPWD will private al land, leaseholders deposit or unexpired lease structure owners confirm land land homestea (whether (such amount will be will reimburse rental and d land or having written deducted from the tenants and ensure tenants vacant tenancy/lease compensation of leaseholders and plot documents or landowners). rental deposit or leaseholders not / unexpired lease. receive Sharecroppers reimbursement for land rental deposit or unexpired lease, and report to MPWD. MPWD will ensure provision of notice.

2-a Loss of Vacant Leaseholders • Compensation for land as • Compensation MPWD will Governme plot, given Rights per Maharashtra Direct accounts for all ensure provision nt land Agricultur over the land Purchase Policy 2016. taxes and fees of notice and al land, Compensation for rental and does not identify

7 The Maharashtra Direct Purchase Policy will not be applicable in case of: (a) for land acquisition in schedule area, (b) Consent not obtained and (c) Acquisition of land with unclear/disputed title. 57

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

homestea deposit or unexpired lease account for any vulnerable d land (such amount will be depreciation. households. deducted from the • Re-titling to be compensation of the completed prior lessee). to project completion

2-b Loss of Agricultur Non-Title • At least 60 days’ notice to • Identification of MPWD will Governme al land Holders/ shift from occupied land. NTH through ensure provision nt land within Squatters, • Notice to harvest seasonal Project Census of notice. RoW of Encroachers crops Survey MPWD will road • Compensation for damage identify to standing crops. vulnerable households.

Residential Structures

3-a Loss of Residenti Legal • Each affected family shall • Compensation District Collector residential al titleholders be eligible for accounts for all shall determine structure structure Family with Replacement cost of the taxes and fees the market value and other traditional land structure and other and does not of the structure assets right assets (or part of the account for any and add 100% structure and other depreciation. solatium as assets, if remainder is • Assessment of specified in viable without viability of LARR Act depreciation) remaining MPWD will • Fees, taxes, and other structure will be verify the extent charges related to made in of impacts replacement structure. consultation through a 100% • Right to salvage with DPs survey of DHs materials from structure determine and other assets with no assistance, deductions from verify and replacement value. identify • Each displaced family vulnerable shall get subsistence households. grant of Rs. 36,000 @ Rs. 3,000 per month for 12 month and additional 50000 to SC and ST in case of Schedule Area as defined in RFCTLARRA- 2013 • Each displaced family8 shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000

8 Displaced family for eligibility under this entitlement matrix means the family losing more than 10% of main structures affected by this Project. 58

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate@ Rs.10000

3-b Loss of Residenti Tenants and • Each (Owner) affected • Land/ MPWD will residential al leaseholders family shall be eligible for structure owners verify the extent structure structure Replacement cost of the will reimburse of impacts and other structure and other tenants and through 100% assets assets (or part of the leaseholders surveys of DHs structure and other rental deposit or determine assets, if remainder is unexpired lease. assistance, viable without verify and depreciation) identify • Fees, taxes, and other vulnerable charges related to households. replacement structure. • Right to salvage materials from structure and other assets with no deductions from replacement value. • Each Tenant displaced family shall get • one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate@ Rs.10000

3-c Loss of Residenti Non-Title • Each affected family shall • Cattle sheds, MPWD will residential al Holders: be eligible for petty shops verify the extent structure structure Squatters and Replacement cost of the shall be of impacts and other Encroachers structure and other identified during through a 100% assets assets (or part of the census. survey of DHs structure and other determine assets, if remainder is assistance, viable without verify and depreciation) identify • Fees, taxes, and other vulnerable charges related to households. replacement structure. 59

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

• Right to salvage materials from structure and other assets with no deductions from replacement value. • Each displaced family shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate • @ Rs.10000 Commercial Structures

4-a Loss of Commerci Legal • Each affected family shall • Compensation MPWD will commercia al titleholders be eligible for accounts for all verify the extent l structure structure Replacement cost of the taxes and fees of impacts and other Family with structure and other and does not through a 100% assets traditional land assets (or part of the account for survey of DHs right structure and other any determine assets, if remainder is depreciation. assistance, viable without verify and depreciation) • Cattle sheds, identify • Fees, taxes, and other petty shops, vulnerable charges related to small traders households. replacement structure. and artisans • Right to salvage shall be materials from structure identified and other assets with no during census. deductions from replacement value. • Each displaced family shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • One-time financial assistance of Rs. 25,000 to affected traders and 60

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

small artisans • All displaced families will receive one-time shifting assistance at following rate • @ Rs.10000

4-b Loss of Commerci Tenants and • Each (Owner) affected • Land/structure MPWD will commercia al leaseholders family shall be eligible for owners will verify the extent l structure structure Replacement cost of the reimburse of impacts and other structure and other tenants and through a 100% assets assets (or part of the leaseholders survey of DHs structure and other land rental determine assets, if remainder is deposit or assistance, viable without unexpired verify and depreciation) lease. identify • Fees, taxes, and other vulnerable charges related to • Cattle sheds, households. replacement structure. petty shops, • Right to salvage small traders materials from structure and artisans and other assets with no shall be deductions from identified replacement value. during census. • Each Tenant displaced family shall get • One-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • One-time financial assistance of Rs. 25,000 to the families losing traders and small artisans • All displaced families will receive one-time shifting assistance at following rateRs.10000

4-c Loss of Commerci Non-Title • Replacement cost of • Compensation MPWD will commercia al Holders/Squatt structure constructed accounts for all verify the extent l structure structure ers, without depreciation taxes and fees of impacts and other Encroacher • Extended Permanent and does not through 100% assets Shed shall be paid Rs. account for any surveys of DHs 10000 lumpsum depreciation. determine • Right to salvage assistance, materials from structure • Cattle sheds, verify and 61

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

and other assets petty shops, identify • Each displaced family small traders vulnerable shall get one-Time and artisans households. resettlement allowance of shall be Rs.50000 identified • All displaced families will during census. receive one time shifting assistance at following rate @ Rs.10000

4-d Loss of Commerci Kiosk • One time shifting • One time MPWD will commercia al allowance @10000 shifting verify the Kiosks l structure structure allowance for through 100% shifting within surveys of DHs the remaining land

4-e Loss of Projection Structures with • One-time repair grant • One-time MPWD will commercia frontage GCI sheets @20000. repair verify the Kiosks l/Residenti allowance for through 100% al structure projections of surveys of DHs commercial or residential structures constructed by GCI sheets

Livelihood

5 Loss of Livelihood Legal • Skill up-gradation training • Small traders, MPWD will livelihood titleholder for one member of the shops and verify the extent losing affected family as family losing of impacts business/ recommended by district livelihood shall through a 100% commercial administration as per be identified survey of DHs establishment prevailing government during the determine program subject to census. assistance, Family with maximum of Rs. 25,000. verify and traditional land • Support to access identify right government income vulnerable generating and households. Commercial development programs. tenant For Agricultural labourer (long Commercial timer) only those leaseholder who are in fulltime / Employee in permanent commercial employment of establishment the landowner will be eligible Sharecropper for this assistance. 62

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

Agricultural Seasonal labourer (long agricultural term) labourers will not be entitled Artisans for this assistance. Self-employed

Squatters

Trees and Crops

6 Loss of Standing Legal • 60 days advance notice MPWD will trees and trees and titleholder to harvest crops, fruits, ensure provision crops crops and timbers. of notice. Family with • Compensation for Valuation traditional land standing crops in case of Committee will right such loss, based on an undertake annual crop cycle at valuation of Agricultural market value standing crops, tenant/ • Compensation for trees perennial crops leaseholder based on timber value at and trees, and market price, and finalize Sharecroppers compensation for compensation perennial crops and fruit rates in trees at annual net consultation product market value with DPs. multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

Vulnerable

7 Impacts on All Vulnerable DPs • One-time lump sum • Vulnerable MPWD will vulnerable impacts assistance of Rs. 25000 households verify the extent DPs to vulnerable will be of impacts households. This will be identified through 100% paid above and over the during the surveys of DHs other assistance census and determine provided in items 1-a, 1- implementati assistance, b, 2-a, 2-b, 3-a, 3-b, 3-c, on of project. verify and 4-a, 4-b, 4-c, and 5. identify • Receive income vulnerable restoration training households. program under the project. The MPWD with support from the 63

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

• Access to basic utilities AE and NGO and public services will conduct a training need assessment in consultations with the displaced persons to develop appropriate income restoration schemes.

Suitable trainers or local resources will be identified by MPWD and NGO in consultation with local training institutes.

Temporary Loss

8 Temporary Land Legal • Any land required by the • Assessment of MPWD will loss of land temporaril titleholders Project on a temporary impacts if any ensure y required basis will be on structures, compensation is for sub- Family with compensated in assets, crops paid prior to site project traditional land consultation with the and trees due being taken over constructi right landholders. to temporary by contractor. on • Rent at market value for occupation. Contractor will the period of occupation be responsible • Compensation for assets • Site for site at replacement cost restoration. restoration. • Restoration of land to previous or better quality. • Location of construction camps will be fixed by contractors in consultation with Government and local community.

9 Temporary Legal • Identification of • Contractors MPWD& disruption titleholders, alternative temporary will perform Contractor of non-titled DPs sites to continue actions to livelihood economic activity. minimize • 60 days advance notice income/acce regarding construction ss loss. 64

Definition of Type of Applicati Implementation Responsible S.N. Entitled Compensation Policy Loss on Issues Agency Person

activities, including duration and type of disruption. • Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss consistent with the EMP • Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.

Common Resources

10 Loss of Common Communities • Replacement cost or Follow ADB SPS MPWD with common property restoration of the affected NGO. property resources community property. resources

Other

11 Any other • Unanticipated involuntary • MPWD will MPWD loss not impacts will be finalize the identified documented during the entitlements in implementation phase line with ADB’s and mitigated based on SPS, 2009. provision made in the RF.

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VII. RELOCATION OF HOUSING AND SETTLEMENTS

A. Basic Provision for Relocation

97. There will be no person relocated from housing due to loss of full loss of residential housing. The EA will compensate to the non-titleholders for the loss of assets other than land, such as residential and commercial structures, and for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land of structures in the project area to the cut-off date.

B. Need for Relocation

98. In the project there are 102 DPs, out of which 100 kiosks which will be relocated outside the COI within the available RoW. The 2 structures are having only frontal shed.

C. Relocation and Compensation Option by DPs

99. To understand and know the relocation options, DPs were consulted during the census survey and all of them have opted for self-relocation and repair of their affected structures. The choice of DPs is further supported by their compensation option as there all DPs opted for cash compensation against loss of their structure.

D. Relocation Strategy

100. With the scattered nature of resettlement impacts the commercial structures affected in the project are spread only in five village/ settlement/ patch / pockets along the project road. Most of the DPs preferred for cash compensation and self-relocation and during the focused group discussion, while discussing about relocation options people were very much in favour of resettlement within the village to avoid disruption of community life and problem with host community. Therefore, cash compensation at market rate along with relocation assistances is adopted as more practical solution in this case.

101. All the structures affected in the project as per provisions made in the entitlement matrix will be eligible for the following:

❖ Compensation for structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, ❖ Shifting assistance to all structures at @ of Rs. 10,000 per structure, ❖ Repair grant @ Rs. 20,000, ❖ One- time grant for front shed @ Rs. 10,000 per structure ❖ Right to salvage materials from structure and other assets with no deductions from replacement value.

102. DPs losing structure in getting all above entitlements and relocating themselves following relocation strategy will be adopted in the project;

❖ At least 60 days advance notice before demolition of structure. ❖ Their dismantled structures materials will not be confiscated, and they will not pay any fine or suffer any sanction. 66

❖ The NGO engaged for resettlement plan implementation will assist DPs during verification of assets and will provide necessary counselling on payment of compensation and assistance. ❖ The NGO will assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. ❖ In close consultation with the DPs, the NGO will fix the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. ❖ In case of self-relocation also, the NGO will assist the DPs in finding alternative land within the village if so desired by the DPs in consultation with village committee and other beneficiaries in the villages.

E. Relocation Strategy for CPR

103. In terms of community property resources (CPR) loss 04 nos. of CPRs are identified, 02 CPRs were reported to be affected in Walgaon -Dariyapur- Akot ( SH-47) Road and also 02 nos. of CPR structures are affected in Dariyapur - Amla to Runmochan -Asara road due to widening of project road. All these 4 CPRS are Bus stand. The replacement cost of Bus Stand and replacement cost of these are considered in Civil work and not in resettlement and rehabilitation cost. The Details of these CPRs are provided in Chapter-II of this resettlement plan

104. The CPRs (other than Bus Stand) will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community. CPR clearing and reconstruction including any ceremonial/religious expenses to relocate such structures will be undertaken by civil works contractors, and the associate d costs are incorporated in their contracts.

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VIII. INCOME RESTORATION AND REHABILITATION

A. Loss of Livelihoods in the Project

105. The impacts assessment indicates that due to loss of temporary structure/ kiosks including extended part a total 102 households will be getting economically displaced. As per the findings of census survey, all 100 kiosk owners are of temporarily affected and shall be shifted back within the RoW and shall not lose the business and no loss of income is assessed due to relocation.2 commercial structures are losing extended portion of sheds will not lose permanent commercial or residential structure. No tenants doing business activity and no employees are employed in these commercial establishment, no tenant and employee will be losing their livelihood due to the project. The details of impact on livelihoods in the project are summarized in the Table 25.

Table No. 25: Loss of Livelihood in the Project

Sl. No. Category of Impact No. of Household 1 Owner of Commercial Structure 2 2 Owner of Kiosks 100 Total 102

106. This sub project does not have significant loss of productive assets. The kiosks will be pushed back and shall restore their income and DHs losing shed will restore their income after relocation.

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IX. RESETTLEMENT BUDGET

A. Introduction

107. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for resettlement plan implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. The unit cost for structures and other assets in this budget has been derived through field survey, consultation with affected families, relevant local authorities. • compensation for structures (residential/ commercial) and other immovable assets at their replacement cost • Repair grant • Lump sum assistance for front shed • Compensation for trees • Assistance for shifting of the structures • Special assistance to vulnerable groups for their livelihood restoration • Cost for implementation of resettlement plan.

B. Compensation

108. Residential/ Commercial and other structures: For the purpose of cost estimate, average rates of various types of structures are estimated based on latest BSR and market assessment. The average rate for permanent structures (Pucca) without land has been calculated at Rs. 14212 per Sqm, semi-permanent (Semi pucca) structures have been calculated at Rs. 5852 and temporary (Kaccha) structures have been calculated at the rate of Rs. 3500 per Sqm. However, the actual compensation will be calculated by the professional valuer considering the latest BSR without depreciation.

Table No. 26: Details of type of structure and rate

Type of structure Unit Unit Rate (Rs) Kaccha Sqm 3500 Semi-Puccka Sqm 5852 Puccka Sqm 14212 Compensation for CPR Lumpsum (Permanent Structures)

109. Compensation for tree: For cost estimate in resettlement plan for affected private trees enumerated during the census survey, a lump sum rate of Rs. 15,000/- for fruit bearing trees and Rs. 8,000/- for non-fruit bearing trees has been considered based on the market assessment. The actual cost of trees will be calculated as per the Horticulture Department.

C. Assistance

• One-time repair grant @20,000 per affected family. • Lum sum amount @ 10000 for frontage Projection frontage, Structures with GCI sheets, • Additional onetime assistance of Rs. 25,000 (Rupees Twenty-Five Thousand Only) per affected vulnerable family. 69

• Loss of kiosk One-time shifting allowance @10000

D. Compensation for Community and Government Property

110. The inventory of CPR was conducted under the census survey and the list of the affected CPRs are provided in annexure 3. The contractor will reconstruct the CPR and the cost estimate for the same has been included in the civil work contract cost.

E. resettlement plan Implementation and Support Cost

111. The cost of NGO engagement is based on the requirement of new LA Act which suggests that the service of NGO will be required for 1.5 to 2 years period. Costs will be updated during implementation if required. A 10% contingency has been added in order to adjust any cost escalation during project implementation. The other cost of resettlement plan implementation and administrative activities will be a part of existing departmental expenditure. 70

resettlement and rehabilitation Budget

112. The total resettlement and rehabilitation budget for the proposed project is INR 7.37 million. A detailed indicative resettlement and rehabilitation cost is given in Table 27. The budget has administrative approval of EA.

Table No. 27: Details of Resettlement and Rehabilitation Costs Item Mitigation provision DH/ Area Units Unit rates Total (Rs) /Nos. (Rs) 1. Land 0 00 00 2. Structures 0 a. Kuccha 0 M2 3500 0 b. Semi Pucca 0 M2 5852 0 c. Pucca 0 M2 14212 0 Government and Community Structures CPR 0 Sub Total A 0.00 3. resettlement and rehabilitation Assistance a. Repair Grant 102 Nos 20,000 20,40,000.00 b. Lump Sum for 02 Nos. 10,000 20,000.00 Permanent Shed of commercial structure c. Vulnerability 102 Nos 25000 25,50,000.00 d. Shifting allowance 100 Nos 10000 10,00,000.00 (KIOSK) Sub Total B 56,10,000.00 4. Contingency (10% of LA & 5,61,000.00 resettlement and rehabilitation Cost) Total 61,71,000.00 5. Implementation Cost Hiring of NGO 10,00,000.00 Training for PMU and PIU staff Lumpsum 2,00,000.00 Grand Total 73,71,000.00 Total Cost- Seventy-Three Lakhs Seventy-One Thousand Only.

F. Source of Funding and Fund Flow Management

113. The cost related to resettlement will be borne by the EA. The EA will ensure allocation of funds and availability of resources for smooth implementation of the project resettlement and rehabilitation activities. The EA will, in advance, initiate the process and will try to keep the approval for the resettlement and rehabilitation budget in the fiscal budget through the ministry of finance. In the case of assistance and other rehabilitation measures, the EA will directly pay the money or any other assistance as stated in the resettlement plan to DPs.

114. The implementing NGO will be involved in facilitating the disbursement process and rehabilitation program. 71

X. GRIEVANCE REDRESS MECHANISM

115. Grievances related to the implementation of the project, particularly regarding the resettlement plan implementation will be acknowledged, evaluated, and responded to the complainant with corrective actions proposed using understandable and transparent processes that are gender responsive, culturally appropriate, and readily accessible to all segments of the affected people. The responsibility agency for addressing the grievances along with proper timelines will be clearly indicated. Records of grievances received, corrective actions taken and their outcomes will be properly maintained and form part of the Social monitoring report to ADB.

116. A Grievance Redressal Committee (GRC) will be established at two-levels, one at the District or PIU level and another at PMU level. The GRC will provide an opportunity affected person to have their grievances redressed. Depending on the nature and significance of the grievances or complaints, the GRM will comprise procedures to address grievances at the project site or PIU level, PMU level. Most serious complaints which cannot be addressed at the PIU level will be forwarded to the PMU.

117. During preparation of resettlement plan and during pre-construction stage, the local communities in the project area will be informed by the PMC and PIU on the grievance redress procedure and the contact persons for lodging complaints. Provisions shall also be made for lodging complaints at the respective PWD’s website.

Level 1: PIU and field level

118. Grievance related to the implementation of resettlement plan will be taken to the PIU level. The grievance redress mechanism will be accessible to people throughout the length of the road in the subproject. The Resettlement staff of PIU and NGO will facilitate displaced persons in registering their grievances at the PIU level. A complaint register will be maintained at PIU level and also at the field level I to facilitate ease of access of the DPs to the grievance redress mechanism. The details related to the date of complaint, complaint, date of personal hearing, action taken, and date of communication sent to complainant will be recorded. This complaint register will be initiated at the PIU level as soon as possible. Investigation of grievances will involve site visits and consultation with relevant parties like displaced persons, contractors etc. At the PIU level the GRC will comprise of the:

(i) Superintending Engineer (Chairperson) (ii) representatives from the affected village (iii) representative for women from a relevant agency which could be from the government, or NGO or local community (iv) Implementing NGO

Level 2: State Level

119. Grievances not redressed by the PIU level will be brought to the State level Grievance Redress Committee (GRC). The State level GRC will be headed / chaired by Chief Engineer. The state level GRC will comprise of the following:

(i) Chief Engineer (CE) (ii) FSO (iii) Superintending Engineer (SE) of concerned field unit (iv) Team Leader of the NGO

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120. The main responsibilities of the GRC at both the levels will be to: (i) provide support to DPs on problems arising from land/property acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the EA of serious cases; and (iv) report to DPs on developments regarding their grievances and decisions of the GRC. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance.

121. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were affected, and final outcome. The GRCs will continue to function during the life of the Project. The GRC is expected to resolve grievances of the eligible persons within a stipulated time of 3 weeks at the PIU level and 3 weeks at the state level.

122. Costs: All costs involved in resolving the complaints (meetings, consultations, communication and reporting / information dissemination) will be borne by the Project.

Level 3: Court of Law

123. The displaced person is free to access the country’s legal system at any time and at any stage although Project GRM is the preferred route.

124. ADB Accountability Mechanism. If the established GRM is not able to resolve a grievance, the affected person also can use the ADB Accountability Mechanism through directly contacting (in writing) the Complaint Receiving Officer at ADB headquarters or the ADB India Resident Mission (INRM). Before submitting a complaint to the Accountability Mechanism, it is necessary that affected persons make a good faith effort to solve the problem by working with the concerned ADB operations department and/or INRM. Only after doing that, and if they are still dissatisfied, will the Accountability Mechanism consider the compliant eligible for review. The complaint can be submitted in any of the official languages of ADB’s developing member countries. The ADB Accountability Mechanism information will be included in the project-relevant information to be distributed to the affected communities, as part of the project GRM.

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Figure No. 4: Stages of Grievance Redressal

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XI. INSTITUTIONAL ARRANGEMENTS

A. Institutional Requirement

125. For implementation of resettlement plan there will be a set of institutions involved at various levels and stages of the project. For successful implementation of the resettlement plan the proposed institutional arrangement with their role and responsibility has been outlined in this section. The following are the primary institutions, who will be involved in this implementation process: A. Maharashtra Public Works Department (MPWD), Government of Maharashtra B. ADB-Project Management Unit (ADB-PMU) C. Project Implementation Unit (PIU) D. Non-Government Organization (NGO)

B. Executing Agency

126. The Executing Agency (EA) for the Project is MPWD, Government of Maharashtra. The existing MPWD is establishing an ADB-Project Management Unit (ADB-PMU). This office will be functional for the whole project duration. The EA, headed by CE will have overall responsibility for implementation of loan and will also be responsible for the overall coordination among ADB, Government of Maharashtra and Project Implementation Units. The PIU shall established at project level, headed by Superintending Engineer (SE).

C. Resettlement Management at ADB-PMU

127. ADB-PMU will do the overall coordination, planning, implementation, and financing. The PMU will have two (each will look after 3 divisions9) Focal Safeguard Officer (FSO) with a rank of Superintending Engineer to ensure social and environmental safeguard compliance of MSRIP is consistent with ADB SPS and GOI norms. The Focal person will be assisted by the respective Project Implementation Units and NGO for planning and implementation of resettlement activities in the project. Some of the specific functions of the ADB-PMU regarding resettlement management will include:

a. Overall responsibility of implementation and monitoring of resettlement and rehabilitation activities in the project b. Ensure availability of budget for resettlement and rehabilitation activities; c. Liaison lined agencies support implementation of resettlement and rehabilitation; d. Selection and appointment of the NGOs; e. Coordinating with line Departments, Project Implementation Units, implementing NGO and Construction Supervision Consultant (CSC)

D. Project Implementation Unit

128. Project Implementation Unit (PIU) will be established at district/project level for the implementation of project resettlement activities. It will be headed by Superintending Engineer assisted by Executive Engineer. The Superintending Engineer will be overall in charge of the division. The Executive Engineer will be the Resettlement Officer. Project Implementation Unit will

9 One Focal Person will look after projects under Nagpur, Amravati and Aurangabad divisions and other will for Nasik, Pune and Konkan region. 75

appoint/ designate an Assistant Resettlement Officer (ARO) in the rank of Assistant Engineer (AE) per sub project, who will either be deputed to the PIU or engaged on contractual basis having adequate land acquisition implementation/resettlement experience. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the Authority Engineer (AE) for implementation of the resettlement plan. The PIU will maintain all databases, work closely with DPs and other stakeholders and monitor the day today resettlement activities. Some of the specific tasks to be performed by PIU include:

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

129. For the project requires land acquisition, as per the procedure laid down under the Direct Purchase Policy of GoM, a Land Valuation Committee (LVC) will be established at the district level. The Committee will be chaired by the District Collector or his/her representative and will have representatives of local self-government institutions as required. The LVC will be responsible to make independent valuation of land/other assets based on existing market replacement cost also for completion of land acquisition on behalf of EA.

130. Project management services consultant. Project implementation support, including safeguards implementation, will be provided to the PMU by a project management services consultant (PMSC). The PMSC will have a gender and social development specialist to assist the PMU to oversee the implementation of the resettlement plans, gender-related actions, and other social development activities. The specialists will support the PMU in monitoring the implementation of social development activities under the project; review of social and environmental monitoring reports submitted by the NGO, authority engineer (AE) and /or contractors; and prepare the semi-annual monitoring report for submission to ADB.

131. Authority Engineer consultant. The project will have two authority engineers (AE) who will be responsible for supervising implementation of the resettlement plan, gender action plan, and other social development activities of the project. Each AE will include a gender and social development specialist who will be responsible for site level supervision and monitoring. The specialist will be responsible for the following: (i) guide the implementation of the resettlement plans; (ii) help set up an internal monitoring system; (iii) participate and monitor the project-level grievance redress committee; and (iv) support the preparation of the semi-annual social monitoring reports. The expert will review and verify the progress monthly progress prepared by the implementation NGO. He/she will prepare quarterly social monitoring reports for submission to the PMU. The quarterly reports will be consolidated into a semi-annual social and environment monitoring report by the PMS, for further submission to ADB.

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E. Nongovernment Organization

132. The PMU will engage an NGO with experience in resettlement and rehabilitation matters to assist the PIU in the implementation of the resettlement plan. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist DP by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Considering the significant role of the NGO in resettlement plan implementation, it is extremely important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. NGO will be hired for a group of projects which will manage the project resettlement activities, but the cost is proposed in each project keeping in view the PWD norms of requirement of advance administrative approval. The Terms of Reference for the NGO is appended as Appendix 5.

133. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in Table 28.

Table No. 28: Roles and Responsibilities of Different Agencies for resettlement plan Implementation Activity Agency Responsible Establishment of Social and Resettlement Unit in ADB-PMU ADB-PMU and appointment of Focal Person (Social) Organizing resettlement training workshop ADB-PMU Social Assessment and Preparation of land acquisition plan, ADB-PMU through Design Resettlement Plan (resettlement plan) Consultant Hiring of (Non-Government Organization) NGOs ADB-PMU Public consultation and disclosure of resettlement plan PIU / Design Consultant/NGO Co-ordination with district administration for land acquisition PIU / Design Consultant Declaration of cut-off date ADB-PMU/ PIU Review and obtaining of approval of resettlement plan form ADB-PMU ADB Payment of replacement cost and allowance PIU Notify the date of commencement of construction to DPs PIU/NGO Assistance in relocation, particularly for vulnerable groups PIU/ NGO Monitoring of resettlement plan Implementation PIU/ NGO

134. An organogram for the institutional arrangement is presented below in Figure 5 77

Figure No. 5: Institutional Arrangement for resettlement and rehabilitation

MPWD

Chief Engineer, PMU

PMSC Superintending Engineer, PIU AE

Executive Engineer, PIU NGO

Assistant Engineer/ARO

F. Capacity Building

135. Close consultations were held with all the concerned departments to have an initial level of capacity assessment and capacity building exercise in the relevant agencies during the preparation of this resettlement plan. The MPWD has already established an ADB-PMU and needs appointment of a designated officials dealing with the land acquisition and resettlement for the project.

136. To allow an effective execution of all resettlement plan related tasks some expansion of the capacity on resettlement plan currently available at EA/PIU may be needed. As soon as the project will become effective PIU will carry out a capacity need assessment and will define the capacity building activities and if needed the additional experts required. All concerned staff at PIU level involved in land acquisition and resettlement activities have undergone an orientation and training in ADB resettlement policy and management. The PMSC will train to the field office staff during the project implementation on specific topics including:

❖ Government of India and ADB policy frameworks and requirements on land acquisition and resettlement ❖ Resettlement and rehabilitation policy and procedure for MSRIP ❖ Implementation arrangements and schedule activities ❖ Monitoring and reporting mechanism ❖ Consultation and grievance redress

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XII. MONITORING AND EVALUATION

A. Need for Monitoring and Reporting

137. Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to ameliorate problems faced by the DPs 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 achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfillment of the project objectives.

B. Internal Monitoring

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

▪ Administrative monitoring: daily planning, implementation, feedback and troubleshooting, individual DP database maintenance, and progress reports; ▪ Socio-economic monitoring: case studies, using baseline information for comparing DP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and ▪ Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the displaced persons. Monitoring reports documenting progress on resettlement implementation and resettlement plan completion reports will be provided by the Project Implementation Units to ADB-PMU for review and approval from ADB.

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

• Socio-economic conditions of the DPs in the post-resettlement period; • Communication and reactions from DPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; • changes in housing and income levels; • rehabilitation of informal settlers; • valuation of property; • grievance procedures; 79

• disbursement of compensation; and • Level of satisfaction of DPs in the post resettlement period.

C. Stages of Monitoring

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

1. Preparatory Stage

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

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

2. Relocation Stage

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

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

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3. Rehabilitation Stage

143. Once DPs have settled down at the new sites, the focus of monitoring will shift to issues of economic recovery to the pre – project status. The key issue for monitoring will be:

• Improvement of business due to improved connectivity.

D. Monitoring Indicators

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

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

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

• Training of PIU staff completed • Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • NGO recruited and trained • Meetings of GRC • Grievance redress procedures in-place and functioning • Compensation payments disbursed • Relocation of DPs completed • Employment provided to DPs • Number of families physically displaced and resettled • Monitoring reports submitted

E. Reporting Requirements

146. Project Implementation Unit responsible for supervision and implementation of the resettlement plan will prepare monthly progress reports on resettlement activities and submit to ADB-PMU. ADB-PMU will submit semi-annual reports to ADB. The Reports will be disclosed in the ADB website.

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

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XIII. IMPLEMENTATION SCHEDULE

148. Implementation of resettlement plan mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place.

A. Schedules for Project Implementation

149. The proposed project resettlement and rehabilitation activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases-Project Preparation phases, resettlement plan Implementation phase, Monitoring and Reporting period are discussed below:

• Project Preparation Phase: The major activities to be performed in this period include establishment of Project Implementation Unit at project level; submission of resettlement plan for ADB approval; appointment of NGO and establishment of GRC etc. The information campaign and community consultation will be a process initiated from this stage and will go on till the end of the project.

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

• Monitoring and Reporting Period: As mentioned earlier the monitoring will be the responsibility of ADB-PMU, Project Implementation Unit and implementing NGO and will start early during the project when implementation of resettlement plan starts and will continue till the complete implementation of the project.

B. Resettlement and rehabilitation Implementation Schedule

150. A composite implementation schedule for resettlement and rehabilitation activities in the project including various sub tasks and timeline matching with civil work schedule is prepared and presented in the form of Table 29. However, the sequence may change, or delays may occur due to circumstances beyond the control of the Project and accordingly the time can be adjusted for the implementation of the plan. The implementation schedule can also be structured through package wise. The entire stretch can be divided into various contract packages and the completion of resettlement implementation for each contract package shall be the pre-condition to start of the civil work at that particular contract package.

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Table No.29: resettlement and rehabilitation Implementation Schedule Progress (Year /Quarter) Activity 2019 2020 2021 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Project Preparation Stage Screen sub-project impact

Public Consultation

Cary out Census Survey

Prepare Resettlement Plan

resettlement plan Implementation Stage

Hiring of NGOs for resettlement plan Implementation Obtaining approval of resettlement plan from ADB Disclosure of resettlement plan

Training and Capacity Building PIU and Other Institutions

Public Consultation

Grievance Redressal

Valuation of Properties

Preparation of Micro Plan

Payment of Compensation Notify the date of start of construction to DPs Rehabilitation of DPs

Monitoring and Reporting Period

Monitoring and reporting by ADB- PIU