Road Network Improvement and Maintenance Project - II

Home , Parbatipur Upazila, Pur (placename element)

Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: 34415 April 2008

Bangladesh: Road Network Improvement and Maintenance Project - II

Prepared by Roads and Highways Department.

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

Government of the People’s Republic of Bangladesh Ministry of Communications Roads and Highways Department

Road Network Improvement and Maintenance Project-II

FINAL Resettlement Action Plan

Prepared By Roads and Highways Department (RHD)

April, 2008

Road Network Improvement and Maintenance Project-II Table of Contents Resettlement Action Plan

ROAD NETWORK IMPROVEMENT AND MAINTENANCE PROJECT- II

Resettlement Action Plan

Table of Contents

Page Nos.

A) Definition of Terminologies Used i B) Abbreviations Used In This Report iii C) Executive Summary vii

1. Introduction 1

Background Note 1 Objectives 1 1.3 Nature and Scope of the Study 2

2. Project Roads 3

2.1 Introduction 3 2.2 Project Road under Contract Package No.1 3 2.3 Project Road for Contract No. 2 4 2.4 Project Road for Contract Package No. 3 5 2.5 Project Road for Contract No. 4 6

3. Project Area & Its Influence Zone 7

Introduction 7 Project Road 7 3.3 Project Area 8 3.4 Project Impact Zone 9 3.5 Some Basic Characteristics of the Project Area 9 3.6 Physical Features 9 3.7 Existing Road Network in Project Area 9 3.8 Population 10 3.9 Decadal Growth 10 3.10 Density 10 3.11 Urbanization 11 3.12 Sex Ratio 11 3.13 Literacy 11 3.14. Concluding Observations 12

4. Social Screening & Social Impact Assessment 13

Objectives of Social Screening 13

Road Network Improvement and Maintenance Project-II Table of Contents Resettlement Action Plan

4.2 Methodology 13 4.3 Reconnaissance Survey 14 4.4 Socio-economic Survey 14 4.4.1 Survey Schedules 14 4.4.2 Survey Personnel 14 4.4.3 Guidelines on RoW 15 4.5 Social Interactions 15 4.6 Social Impact Assessment 15 4.7 Sources of Data 15 4.8 Re-Survey of PAHs by CCDB 16

5. Socio-economic profile of Project Affected Households 17

Background 17 Sources of Data 17 Findings 17 Demographic Features 17 5.4.1 Affected Households and Population 17 5.4.2 Male Female Ratio 18 5.4.3 Average Households Size 18 5.4.4 Religion 18 5.4.5 Distribution of Project Affected Population by Age Groups 19 5.4.6 Level of Education 19 5.5 Economic Characteristics of Project Affected Households 20 5.5.1 Usual Activity Status of the Project Affected Population 20 5.5.2 Principal Occupations of Project Affected Persons (Owners of Affected Properties) 21 5.5.3 Annual Income of the Affected Households and Poverty 22 5.6 Gender Considerations 23 5.6.1 Gender Analysis of Female Headed Households 23 5.6.2 Gender Considerations in NGO Activities 25 5.6.3 Gender Considerations in RAP 27

6. Potentially Affected Properties & Resettlement Cost 28

Introduction 28 Affected Major Locations 28 6.3 Estimated Area of Acquisitioned Land 28 6.4 Project Affected Households and Population 31 6.5 Broad Groups of Affected Properties 31 6.6 Affected Structures 32 6.6.1 Number of Affected Structure 32 6.6.2 Area of Affected Structure 33

Road Network Improvement and Maintenance Project-II Table of Contents Resettlement Action Plan

6.7 Affected Household Facilities 33 6.8 Affected Trees in Acquisitioned Land 34 6.9 Roadwise Affected Business Enterprises, Employees and Income 35 6.10. Vulnerable Affected Households 37 6.11. Affected Households with Rented out Structures 39 6.12. Affected Common / Community Properties 39 6.13. Land Development for Relocation of Affected Homesteads, Common Properties and Business Enterprises 42 6.14. Other Grants in Addition to MARV 43 6.15 Crop Compensation to Land Owners and Share Croppers (Tenant Farmers) 45 6.16. Estimated Cost (Tentative) of Resettlement Action Plan 46

7. Social Interactions 49

7.1. Constituents of Social Interactions 49 7.1.1 Public Consultations 49 7.1.2 Public Participation 49 7.2. Objectives 49 7.3. Group Discussions 50 7.4 Road Segment: Bhaluka-Gafargaon-Kishoreganj 51 7.4.1 Bhaluka Bazar : on 26 July, and 14 September, 2006 51 7.4.2 Meeting at Gaffargaon: on 22 August, 2006 51 7.4.3 Goari Nandi Bari Bazar : Meeting on 14 September, 2006 52 7.4.4 Goara Nandi Bari Bazar Mosque : Meeting on 14 September, 2006 53 7.4.5 Charpumdi Bazar : 16 September, 2006 53 7.5 Road Segment: Nandail-Kishoreganj 54 7.5.1 Chalkmati Bazar : 16 September, 2006 54 7.5.2 Mushulli Bazar : 16 September, 2006 54 7.6 Road Segment: Panchagarh-Banglabandha 55 7.6.1 Panchagarh : on 29 August, 2006 55 7.6.2 Panchagarh Municipality : 19 September, 2006 55 7.6.3 Panchagarh Chamber of Commerce & Industries 56 7.7 Road Segment: Boda-Debiganj-Domar-Nilphamari 56 7.7.1 Sepaipara Jamey Mosque 19 September, 2006 56 7.7.2 Chandanbari Mosque 56 7.7.3 Sakoa Bazar 56 7.7.4 Sakoa Bazar Temple 57 7.7.5 Polash Bari Bazar (Domar-Nilphamari) 57 7.8 Road Segment : Parbatipur-Fulbari-Madhyapara 57 7.8.1 Fulbari Rail Gate : on 18 September, 2006 57 7.8.2 Bhaduri Bazar : on 18 September, 2006 58 7.8.3 Belghat Sultanpur Jamey Mosque : 18 September, 2006 58

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7.8.4 Meeting at Bhabanipur : on 27 August, 2006 59 7.8.5 Parbatipur Upazila office : on 27 August 59 7.9 Road Segment: Chittagong-Dohazari 61 7.9.1 Gachbaria Bazar : Meeting on 26 November, 2006 61 7.9.2 Shahgodi Market : Meeting on 27 November, 2006 61 7.9.3 Hashimpur Bazar : Meeting on 26 November, 2006 62 7.9.4 Rowshan Hat : Meeting on 26 November, 2006 62 7.9.5 Monshar Teck Market : Meeting on 27 November, 2006 63 7.9.6 Mozaffarbad ‘Kali’ Mondir : Meeting on 27 November, 2006 63 7.9.7 Hazi Anowar Ali Zamey Moshzid of Kagozipara : Meeting on 26 November, 2006 63 7.9.8 Dokhin Hashimpur Mosque and Madrasha 63 7.10 Three meetings in 2008 63 7.10.1 Meeting in Deetpur Govt. Primary School: 19th February, 2008 64 7.10.2 Meeting in RHD office and Fulbari Rail Gate: 10th March, 2008 64 7.10.3 Meeting in Parbotipur By Pass: 10th March, 2008 65 7.11 Outcome of Group Discussions 65

8. Resettlement Action Plan 67

8.1. Introduction 67 8.2. Scope and Coverage 67 8.3. Nature of Impacts and Needs for Resettlement Action Plan 68 8.4 Bangladesh Land Laws for Development Projects 69 8.5 Donors’ Guidelines to Draw Resettlement Plan 70 8.6. Basis for Resettlement Policies 72 8.7 Rationale for Compensation and Resettlement Framework 73 8.8 Issues to be Resolved in Resettlement Action Plan 76 8.9 The Entitlement Matrix 76 8.10 Organisation Structure of INGO for Implementation of RAP 83 8.11 Institutional Arrangement 84 8.11.1 RHD Head Office: Chief Resettlement Officer (CRO) 85 8.11.2 RHD Field Offices 87 8.11.3 Role of Deputy Commissioners’ Office(s) 88 8.11.4 Resettlement Plan Implementation Agency (NGO) 88 8.11.5 Role of Other Committees Formed to Assist Implementation of RAP 91 8.11.6 Role of Resettlement Consultants 95

9. Implementation Programme of RAP 96

9.1. Introduction 96 9.2 Cash Compensation by Law (CCL) 96 9.3 Additional Compensation by RHD through INGO 97

Road Network Improvement and Maintenance Project-II Table of Contents Resettlement Action Plan

9.4 Appointment of a Non Governmental Organization (NGO) and Suggested Terms of Reference (TOR) 98 9.4.1 Introduction 98 9.4.2 The Objective 98 9.4.3 Selection Criteria of INGO 99 9.4.4 Scope of Work of INGO 100 9.5 Role of RHD-Project Director 102 9.6 Role of Project Consultant (PC) 102 9.7 Total Implementation Period 102 9.8 Budget and Logistics 102 9.9 Deadline for Submission of Proposal, Selection & Work Order 102 9.10 Other Issues 102 9.11 Formation of Committees 103 9.12 Land Ownership Title 103 9.13 Payment of Compensation 103 9.14 Re-establishment of Common / Community Properties 104 9.15 Appointment of Consultant(s) 104 9.16 Monitoring of Progress 104 9.16.1 Institutional Framework for Monitoring 105 9.16.2 Internal Monitoring 105 9.16.3 External Monitoring 106 9.17 Reporting Requirements 106 9.18 Community Participation in RAP Implementation 107 9.19 Implementation Schedule of RAP 108

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

A) Definition of Terminologies Used

The entitlement policy contains terms; those define who is affected, what is lost, who is to be compensated, and the scope of RAP. For the purpose of clarity and to avoid confusion, some of the key terminologies associated with the project impacts and resettlement benefits are defined here.

Commercial and Business Enterprise (CBE): A CBE includes the structure or premise where commercial/business activities take place. This may also include the small or large scale industries. It can be operated by one or more persons and in some cases can provide wage employment.

Community/Common Property (CP): The infrastructure owned and run by the community or providing service to the community for different purposes (for example: school, madrasa, mosque, temple, church, graveyard, play ground, club, office, hospital etc).

Compensation: Compensation includes cash compensation paid to the affected households and persons, roadside encroachers, squatters on government land, etc, for lost assets or income. This also includes roadside utholies, tenant farmers and shop owners, livelihood losers, etc, including all the direct and indirect PAPs.

Direct PAP: People who have lost their titled assets are always protected under the Cash Compensative by Law (CCL). This group of Affected Persons (APs) is known as Direct PAPs.

Displaced Person (DP): A person who is compelled to change or relocate his/her place of residence and/or work place or place of business, due to the project. They are also grouped as involuntary resettlement as they have no option but to move out and rebuild their lives elsewhere.

Entitlement: Range of measures comprising of cash/kind compensation /financial assistance, relocation cost, and income/business restoration which are to be given to the PAPs depending on their nature of the losses for restoring their social and economic base.

Entitled Person (EP): An entitled person is one who have lost his/her assets (for example, land, trees, built structures, fish pond, commercial enterprise) and/or employment as a direct/indirect impact of the project and is eligible to receive compensation from the DC office and/or cash grant from the project authority.

Host Population: The population, living in a community near the project area to which the affected people are to be relocated. Host communities should also be project beneficiaries for better host-resettlers integration.

Household (HH): A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). The Census/Socio- Economic Survey (SES) uses this definition and the survey data forms the basis of identifying the household unit. A family/household refers to people -typically husband/wife and all dependents irrespective of age. Married son(s)/brothers, divorced, widowed, abandoned women may be considered in the unit of joint household of family. There may be one or more persons in a household who are entitled to a resettlement benefit based on the nature of losses.

Indigenous People: Distinct groups of people -for example, Chakmas and other groups in the Chittagong Hills, Garos in Madhupur Forest, Sautals in Rajshahi/Dinajpur and Rakhains in Cox's bazar and Patuakhali -who might suffer disproportionately from displacement and resettlement effects.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

Indirect PAPs: Indirect PAPs are those who have not lost any titled asset, but have lost the means of livelihood. For example, loss of employment by a person, on loss of business on others land and structure on RHD land. They are always outside the CCL.

Income Restoration: Re-establishment of income sources and livelihoods of the Project Affected Persons (PAPs).

Maximum Allowable Replacement Value (MARV) : It is actually the prevalent market value of the affected assets. This value is determined by surveying the community markets by the PAVT: Property Assessment and Valuation Team.

Project Affected Household (PAH): If any member of a household is directly affected by the implementation of a project due to loss of titled asset that household is known as project affected household.

Project Affected Persons (PAPs): (also called Affected Persons (APs): Project- affected persons shall include (a) persons whose houses/structures are partially or fully affected by the project RoW or by any other component (for example construction yard, service area, resettlement sites), including any additional acquisition necessary for project implementation; (b) persons whose agricultural land or other productive assets such as trees, crops, perennials, fish ponds are fully or partially affected by the project; and (c) persons whose businesses are affected, including the employees and others who may experience loss of work/income and livelihood due to project impact are known as projects Affected Persons or Affected Persons.

Relocation and Rehabilitation: Relocation refers to physically moving of the APs from the affected area to a new area/site and rebuilding housing, assets, including productive land, and public infrastructure in another location; while, rehabilitation means restoration of income, livelihoods, living and socio-cultural system.

Resettlement Action Plan (RAP): A time-bound action plan with budget, setting out resettlement strategy, objectives, entitlement, actions, implementation responsibilities, monitoring and evaluation and all other works related to implementation of RAP.

Replacement Cost: Cost of replacing the lost assets (e.g. land, house, trees etc) and incomes.

Right of Way (RoW): The area of land acquisitioned for the project, and are directly and permanently used for the project the purposes is known as Right of Way (RoW)

Structures: Houses, commercial enterprises, community/common social infrastructures affected by project land acquisition - living quarters, community infrastructures, road side and ferry shops/ businesses -will be compensated for.

Squatter/Informal Settlers: A person who has settled on public owned land and private land owned by others without permission and/or occupying public owned building/asset without authority.

Utholy: A person who is not the title holder of the land but has built a structure and settled on privately own land with the permission of the land owner is known as utholy.

Vulnerable Person: A person whose income is under the official poverty line. The vulnerable group includes (i) persons below poverty line; (ii) indigenous/ethnic minorities; (iii) female-headed households; (iv) child labour; and (v) disabled, elderly and handicapped persons.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

Abbreviations Used In This Report

Abbreviations Full Name

AAT Arbitration Appellate Tribunal AC (L) Assistant Commissioner (Land) ACRO Additional Chief Resettlement Officer ADB Asian Development Bank ADC (R/G) Additional Deputy Commissioner (Revenue / General) AP Affected Person / Affected People ASA Association for Social Advancement BBP Bhairab Bridge Project BBS Bangladesh Bureau of Statistics BCL Bangladesh Consultants Limited BRAC Bangladesh Rural Advancement Committee CBE Commercial and Business Enterprise CCL Cash Compensation by Law CG Construction Grant CPR Common or Community Property Resource CRO Chief Resettlement Officer CS Cadastral Survey CSCT Construction Supervision Consultant Team DAC Development Assistance Committee DCRO Deputy Chief Resettlement Officer DOE Department of Environment DAE Directorate of Agriculture Extension DC Deputy Commissioner DCT Design Consultants Team DOF Department of Fisheries DFID Department for International Development (UK) DP Displaced Person DPH Department of Public Health DPR Detail Project Report EA Executing Agency EC Entitlement Card EE Executive Engineer EM Entitlement Matrix EP Entitled Person FD Forest Department FGD Focus Group Discussion FHH Female Headed Household

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Road Network Improvement and Maintenance Project-II Resettlement Action Plan

GB Grameen Bank GDP Gross Domestic Product GO Government Order GO Government organization GoB Government of Bangladesh GRC Grievance Redress Committee HCG House Construction Grant HH Household HQ Head Quarters HVG Highly Vulnerable Group IA Implementing Agency IDC Identification Card IDA International Development Association INGO Implementing Non Government Organization ICM Information and Consultation Meeting IGA Income Generation Activity IMT Independent Monitoring Team IPDP Indigenous People Development Plan IRA Income Restoration Assistance IRS International Resettlement Specialist JICA Japan International Co-operation Agency JVS Joint Verification Survey JVT Joint Verification Team LA Land Acquisition LAC Land Acquisition Committee LAO Land Acquisition Officer LAR Land Acquisition and Resettlement LARM Land Acquisition and Resettlement Manual LARP Land Acquisition and Resettlement Plan LIC Land Identification Committee LMS Land Market Survey LO Land Owner MARV Maximum Allowable Replacement Value MBE Medium Business Enterprise MCT Management Consultant Team MES Monitoring and Evaluation System MoC Ministry of Communication MoL Ministry of Land M&E Monitoring and Evaluation MIS Management Information System

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

NGO Non Government Organization NRS National Resettlement Specialist OECD Organization for Economic Co-operation and Development OECF Overseas Economic Co-operation Fund PAH Project Affected Household PAP Project Affected Person PAVT Property Assessment and Valuation Team PC Project Consultant PCP Public Consultation Plan PD Project Director PIU Project Implementation Unit PM Project Manager PP Project Proforma PRA Participatory Rural Appraisal PRSP Poverty Reduction Strategy Plan PWD Public Works Department RAC Resettlement Advisory Committee RAP Resettlement Action Plan RHD Roads and Highways Department RNIMP-II Road Network Improvement and Maintenance Project-II RO Resettlement Officer RP Resettlement Plan RoW Right of Way R&R Resettlement and Rehabilitation RS Resettlement Site RSC Resettlement Supervision Consultant RTW River Training Work RU Resettlement Unit SAP Social Action Plan SC Stakeholder Consultation SDE Sub-Divisional Engineer SDF Social Development Fund SES Socio-Economic Survey SIA Social Impact Assessment SLAO Special Land Acquisition Office SBE Small Business Enterprise SRG Structure Reconstruction Grant SRNDP Southwest Road Network Development Project STP Structure Transfer Grant TA Technical Assistance

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

TG Transfer of Grant ToR Terms of Reference UN United Nations UNO Upazila Nirbahi (Executive) Officer UP Union Parishad VF Video Filming VG Vulnerable Group WB World Bank WFP World Food Program

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

C) Executive Summary

A comprehensive Social Screening exercise and Social Impact Assessment study had been carried out along the entire length (241.47 Km) of the designated project corridor of RNIMP-II. Data generated through these exercises constitute the major inputs for the instant Resettlement Action Plan.

The primary objective of this Resettlement Action Plan is to provide guidelines for compensation payments for lost assets and resettlement of the project affected persons in order to prevent their impoverishment, being caused on implementation of the project, and wherever possible, to provide support services to sustain or develop their socio-economic conditions or at least restoreRoad Network Improvement and Maintenance Project - II them to pre-project level.

Data generated through field survey revealed that about 3,964 households/persons will be affected on implementation of this road improvement project which would involve about 20,138 people scattered over 6 segments of the project corridor. The affected properties of 3964 households could be grouped under 3 broad categories: Homestead- 221, Shops (of various types)- 2,645 and Others- 1,098. In short, majority of affected properties are small commercial units. Besides these privately owned properties, about 229 common/ community properties will also be affected. These are: Mosque (75), Temple (13), Madrasha (18), school (22), College (4) and some others. The number of affected structure is estimated to be 2,392 (taking Kacha, semi-pacca and pacca together). About 2,514 employees presently engaged in 3,140 business units will be affected. Moreover some household facilities, like, Tube well, sanitary latrine etc and some trees within the affected premises will also be affected. Note that the estimates of affected properties as mentioned above is based on the assumption that the proposed RoW (27meters from central line on both sides for existing roads and 30 meters for all 7 Bypasses) will be kept from encroachments. District-wise numbers of affected persons are: Mymensingh (M’sing) = 890, Kishoreganj (K’ganj) = 334, Panchagarh (P’garh)=848, Dinajpur (D’pur)=405, Nilphamari (N’mari)=698 and Chittagong (C’gong)=789 (Total = 3964)

A good number of public interactions in the form of Group Discussions had been organized at different locations of the project corridor on different dates to create awareness among local people about the project in general, to identify public concerns with a view to reduction of public resistance during implementation of the project and to produce a suitable Resettlement Plan by incorporating their felt needs and preferences for type of compensation payments. It is revealed that people are in favour of the project. Majority of persons attended the meetings, expressed their opinion in favour of cash compensations as per extant rules.

In brief, mitigation of losses and restoration of socio-economic status of the Project affected persons are the prime objectives of RAP. The core component of RAP is to provide institutional and financial assistance to Project Affected Persons/Households to replace their lost resources such as land, residential/commercial structures, employment opportunities, etc.

This Resettlement Action Plan has been prepared in accordance with Rules and Policies of the Bangladesh Government and the Guidelines for Resettlement issued by the Donor Agencies, more specifically the Asian Development Bank (ADB). In the instant policy document it is proposed that the resettlements will be of two types- (i). Payment of cash compensation to all affected properties owned by individuals and (ii) relocation of common/ community properties. Under first category, cash compensations will also be provided for some other components: compensation for loss of trees, crops/ vegetables loss of employment opportunities, loss of business income, loss of income of the employees engaged in the affected business units and Special Grants to Vulnerable households. And for the second category of affected properties (common properties), RHD will bear the reconstruction cost in consultation with the management body of the affected properties.

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Road Network Improvement and Maintenance Project-II Resettlement Action Plan

The Project Director, RNIMP-II, RHD, is the implementing authority of this Resettlement action Plan. He/she will decide the course of action for successful implementation of the Plan. The Deputy Commissioner (DC) is the competent authority to pay cash compensation under the provisions of The Acquisition and Requisition of Immovable Property Act, 1994. Besides, an NGO, experienced in the overall system of payment of compensations beyond CCL, has been engaged/ appointed by RHD for smooth / successful implementation of the RAP. A number of Committees will be formed to facilitate the work of Resettlement Action Plan. Some of the notables among them are: Grievance Redress Committee (GRC), Resettlement Advisory Committee (RAC), Land Identification Committee (LIC). All the payment of compensation will be done through account payee cheques. All the entitled compensations will be received by PAHs before moving out from the RoW.

Total cost of Resettlement including cost of project implementation and monitoring is estimated to the tune of Tk. 1.57 billion. This is an estimate. It includes all forms of cash compensation relating to private properties, loss of livelihood and relocation costs of common/ community properties.

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Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-1

INTRODUCTION

1.1 Background Note

This report pertains to Social Aspects of Consultancy for preparation of Detail Project Report (DPR) for Road Network Improvement and Maintenance Project-II of Bangladesh involving a number of roads (package) with total length of about 241.47 km. The desired end to achieve by this report is to prepare a pragmatic Resettlement Action Plan and its Implementation Programme.

The description of the project corridor, Project Area and its influence zone are the pre- requisites for any analysis of social impact assessment as these will indicate the geographical location of the project affected properties and persons. Moreover, an analysis of the project area tends to show the zone of impact (both positive and negative) of the project along the project corridor. Section-2 and Section-3 of this report present such description respectively. Moreover, a comprehensive Social Screening exercise and Social Impact Assessment study over the entire project corridor have constituted the basis of this Resettlement Action Plan (RAP).

There is no second opinion that roads are agents of change. They are responsible for both benefits and costs to the existing balance between men and environment. Some of these changes are positive and some are negative. On the positive side, it accelerates the process of overall socio-economic development of the region. On the negative side it may cause damage to eco-systems, more particularly when it is required to uproot trees and greens. Secondly, a good number of people would likely to be affected adversely. The affected persons might have incurred loss of the following types: agricultural land, homestead land, living quarters and other infrastructures due to demolition of buildings, commercial and business activities, occupied land with permission of owners, structures (illegally constructed) for dwelling or business, tenant contract farming employees of business enterprises, etc. Moreover, the project road may also cause damage to community facilities and utilities, like, potable water source (eg. tube well, well etc), market place, schools, place of worships, community centers or clubs etc. It is worth mentioning that the affected properties, in this case under reference, may be classified into three – private, public and places of worship. The present report will look into all these social aspects and put forward policy prescription in the form of Resettlement Action Plan.

1.2 Objectives

The main objective of social screening and social impact assessment is to provide inputs of social concerns to be dovetailed in the project design and to avoid or minimize the adverse social impacts with the best possible engineering solutions at optimal costs. This exercise has been carried out in consultation and in close coordination with technical, social, poverty and environmental screening experts of this project. The study had identified the potentially affected locations on the project corridor; indicated the number and types of affected properties and number of project affected persons. All these constitute the target group(s) for this Resettlement Action Plan. Hence, the RAP cannot be prepared in isolation; it would derive its inputs from the findings of the study on Social Impact Assessment over the entire project corridor.

The primary objective of this Resettlement Action Plan is to provide guidelines for compensation payments for lost assets and livelihood; resettlement of the project affected persons (households) in order to prevent their impoverishment, being caused on implementation of the project. And wherever possible, to provide support services to

1 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

sustain or develop their socio-economic conditions or at least restore them to pre-project level. Keeping in view the said objective, a Resettlement Action Plan (RAP) has been prepared by taking into account the data generated through census of all the project- affected households, meetings with different stakeholders, participatory rapid appraisals, focus group discussions and comments of grass root level people in the meetings organized by the study team. In course of preparation of this Plan, the Guidelines of Asian Development Bank and the Government of Bangladesh have guided us. However, this action plan has outlined some remedial measures for mitigation of adverse impacts of the project. The major issues addressed in this RAP include the following:

(i) the extent of losses (damage being caused on implementation of the project); (ii) the policies and legal framework applicable; (iii) horizons of provisions for compensation payment, relocation and income restoration programs; (iv) provisions for resettlement of vulnerable APs / PAHs losing housing and business; (v) provisions for re-establishment of community resource properties; (vi) provisions for facilitating/helping the vulnerable, indirectly affected and directly affected persons / households in re-establishing their incomes after project implementation; (vii) implementation mechanism of RAP; and (viii) responsibilities of Resettlement Unit (RU) and others in delivering and monitoring the implementation measures.

1.3 Nature and Scope of the Study

The instant report will deal with matters relating to social viability of the project. The issues being examined herein this part will include the extent of damage of properties and persons being caused on implementation of the project, how the project affected persons would react, magnitude of resettlement cost, socially acceptable resettlement action plan and its implementation.

The report consists of nine Chapters. First Chapter is Introduction. Second narrates the Project Road while the Third introduces the Project Area and its influence zone along with a short note on some of the basic features of the area. Chapter Four highlights the needs for Social Screening and Social Impact Assessment exercise including the methodology adopted for such exercise. A socio-economic profile of project affected persons/ households are the content of Chapter Five. Findings of field survey stating therein the details of potentially affected properties at different locations by types for each road segments separately are incorporated in Chapter Six. The chapter also includes tentative estimates of compensation associated with each type of affected properties. Social Interaction in the form of group discussions is the content of Chapter Seven. This includes Public Consultations with project affected persons and interaction with other stake holders, like, concerned government officials, local government, persons of reputation in the locality, shop owner associations, Chamber of Commerce and Industries, local NGOs etc to formulate Resettlement Action Plan and to facilitate its implementation. Chapter Eight narrates the proposed Resettlement Action Plan. The Programme for implementation of the Resettlement Plan is explained in Chapter Nine. Since Appendices contain large number of papers, it is; decided to submit these in a separate volume (Volume-2).

2 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-2

PROJECT ROADS

2.1 Introduction

The Road Network Improvement and Maintenance Project-II (RNIMP-II) has been developed in response to the infrastructure development focus of Government of Bangladesh to support the maintenance of the RHD road network; upgrade the strategic regional roads and feeder roads in poor areas in the North west and Central North regions of Bangladesh, provide better access to the border point in Banglabandh and to complete some missing links in the main road network.

This project involves rehabilitation, construction and improvement of 241.47 km. of road networks of Bangladesh. The project road is, in fact, a package of six segments, namely,

i. Bhaluka - Gaffargaon - Kishoreganj (Road Z3031 and Z3604)- 46.44 km, ii. Nandail - Kishoreganj (Road Z3608) – 15.80 km, iii. Panchgarh - Banglabandh Road (NH5) – 57.20 km, iv. Parbatipur - Fulbari - Madhyapara (Road Z5857 and R556) – 44.20 km, v. Boda - Debiganj - Domar - Nilphamari (Road Z5003 and Z5707) – 51.85 km and vi. Chittagong - Dohazari (N1) – 26.20 km Total = 241.47 Km (as of January 2007)

Moreover, 7 Bypasses will be constructed within these segments as a part of this project. Names of these Bypasses are: Gaffargaon Bypass, Hossainpur Bypass, Tetulia Bypass, Boda Bypass, Domar Bypass, Parbatipur Bypass and Potia Bypass. Note that these 6 road segments are grouped under 4 Contract Packages. A short note on each segment along with Bypass component is given in section 2.2.

This chapter presents a brief note on geographical location of different segments of the project road along with names of major built up areas through the roads are traversing. Thus the content of this chapter is of much significance to prepare a Resettlement Action Plan (RAP) in as much as the target group of this plan (i.e. project affected properties and persons) are living/ located at some locations along the project corridor, which constitutes one of the basic inputs of the RAP.

2.2 Project road under Contract Package No.1

This package consists of 2 road segments- (i) Bhaluka-Gaffargaon-Kishoreganj and (ii) Nandail- Kishoreganj along with 2 Bypasses. In short, the constituent parts of each segment are: Bhaluka-Gaffargaon-Kishoreganj:

i. Part of Bhaluka- Gaffargaon Road, from (km.0.00) - to km. 18.30 ii. Gaffargaon Bypass (from km.18.30 to km.29.35) iii. Part of Gaffargaon – Kishoreganj Road (from km.29.35 to km.33.05) iv. Hossainpur Bypass (from km. 33.05 km. 35.20) v. Part of Gaffargaon – Kishoreganj Road (from km. 35.20 to km. 46.37)

A. Bhaluka - Gaffargaon - Kishoreganj (Road Z3031 and Z3604)

This road segment of 45.4 km length consists of two parts- Bhaluka - Gaffargaon Road – Z 3031 (21 km) and Gaffargaon - Kishoreganj Road - Z 3604 (24 km). It originates from Bhaluka junction (km. 0.00) at km 46 of N-3 Mymensingh - Dhaka Road, travels towards east and ends at Gaffargaon town centre (km- 21.00), and thereafter follow the Gaffargaon Kishoreganj Road. The first part of this segment cut across the river Sutia at

3 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Km 12.00 and river Shila at Km 13.70. Note that for the purpose of this project we are concerned with first 18.30 km of this road as this is the point of origin of Gaffargaon Bypass. This Bypass is proposed in view of the fact that about 1.0 Km of F3031 and 2.4 Km of road of F3064 is passing through densely built-up areas of Gaffargaon Municipality, where numerous shops and other installations are located at the edge of the road and the road is narrow. However, moving along the road one would notice that the major part of the road passes through open field, though some market places will also be found along this part of the project corridor, which are potentially affected locations. These are: Bhaluka Bazar, Rangchapra Bazar, Goari Nandibari Bazar, Bhaulia Bajubazar, Tundapara, Shantiganj Bazar, Dhopaghat, Bharil Bazar.

Gaffargaon Bypass: will start from km. 18.30 (RHS) of Bhaluka – Gaffargaon Road and will be extended till km.29.35 is reached. It will pass through 20 villages (Mouza), namely, Pukuria (CS), Shalhashia (CS), Rakhaichoti (CS), Shilashi (CS), Dhamail, Uthuri, Khan Bari Uttar, Munshirgaon, Chipan, Garaber, Parshipara, Khilgaon, Dighirpar, Taratia, Nolchira, Panchahag, Jhaul, Chowkia, Khurshidmohal, Charbishwanathpur, under the administrative jurisdiction of Gaffargaon Upazila. The bypass road will pass primarily through agricultural land (paddy field) and to a small extent homesteads. About 90 per cent of the road shall go through flat agricultural land and 10 per cent through homestead areas. With the construction of this bypass, the road length would be shortened by about 800m. and it would facilitate traffic movement by avoiding crowded areas of Gaffargaon town and to minimize the negative impacts on the households living in the area.

The other part of this segment, Gaffargaon - Kishoreganj Road (F3064), measuring about km. 24.4, is the continuation of the Bhaluka - Gaffargaon Road (F3031). The former road ends at Gaffargaon Municipal area and the later starts from the same location. However, for the purpose of the project this part of the project road consists of three stretches besides Gaffargaon Bypass. These are:

i. About 4 km (from km.29.35 to km.33.05) of Gaffargaon – Kishoreganj Road; ii. About 2 km of Hossainpur Bypass (from km. 33.05 km. 35.20); and iii. Rest 11 km of Gaffargaon – Kishoreganj Road (from km. 35.20 to km. 46.37)

Hossainpur Bypass: The length of this bypass is about 2.15 km. It will originate at km.33.05 (RHS) of Gaffargaon-Hossainpur-Kishoreganj Road and move forward cut across till it reaches km.35.20 of the said road.

However, it may be noted that the second part of this segment is traversing primarily through low density 15 villages except Rampur and another rapidly growing up commercial area, namely, Charpumdi Bazar.

B. Nandail – Kishoreganj (Road Z3608)

This is a second segment of the first Contract Package. The length of this section of the project corridor is about 15 km. It starts from Nandail and end at a junction in Kishoreganj. The major portion of this road is in extremely poor condition, though the road width is quite large. The road is passing through mostly over agricultural land and low density villages, but two markets are emerging rapidly along this corridor. These are: Musulli Bazar (km.3.90, LHS), and Chalkmati Bazar (km.5.70).

2.3 Project Road for Contract No. 2

Panchagarh – Banglabandh Road (NH-5)

This segment of the project road is a part of NH-5 and the length is about 57 km. The starting point (kmp.0.00) of this road is the point of intersection after bridge inside the

4 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

town (Panchagarh) on road to Banglabandha (kmp.57.20). Note that a Bypass of about 4.30 km will be built up to facilitate traffic movement along this corridor. Hence this road segment under present improvement programme consists of three stretches as noted below: i. Panchagarh- Banglabandha Road (NH-5) - kmp. 0.00 to kmp.34.60 - i.e. length of 34.60 km. ii. Tetulia Bypass- starts from kmp.34.60 (RHS) to kmp. 38.90 which meets the existing road (NH-5) at kmp.41.20, i.e. the length of Bypass is 4.30 km. iii. Residual Part of NH-5 - from kmp.41.20 to kmp.57.20, i.e. 16 km.

Thus the length of this road segment is estimated to be 54.90 km. The first 3 km. of the road is inside Panchagarh town, before it enters into rural areas. The road is traversing through a number of villages, and a quarrying area is located between km 22 and 24. Before it reaches the town of Tetulia, the project road will follow a Bypass (Tetulia Bypass). The road ends at Km 57.2 of NH-5, which is the border post with India. The road is traversing through the following built up areas: Panchagarh, Barister More, Salbahan Bazar, Kalindiganj.

2.4 Project Road for Contract Package No. 3

Originally this contract Package consisted of two road segments: A. Parbatipur - Fulbari - Madhyapara (44 km.) and B. Boda - Debiganj- Domar- Nilphamari (52.6 km.).

But for the purpose of this project the road under this package is grouped into three segments. These are:

i. Fulbari - Madhyapara ii. Parbatipur- Barapukuria – Madhya Durgapur iii. Boda - Debiganj - Domar - Nilphamari

Note that 3 Bypasses have been proposed under this package. These are: Parbatipur Bypass, Boda Bypass and Domar Bypass.

A. Fulbari - Madhyapara Road (12.45 km.)

This section of the road (F5853) starts from the regional road R555 at Fulbari, passes through open field and forest land and ends at Madhyapara. It, of course, passes through some market places, namely, Fulbari Rly. Level crossing, Hazi Bazar, Madhyapara Bhaduri Bazar and some others. A hard rock mine is located at Madhyapara where lime stone is obtained at a depth of about 350 m. This road is connected with the R555 on the west and the N5 on the east and as such it will have direct link with Dhaka through this road. The alignment of the road is fairly straight and the road width is about 5.5m.

Parbatipur- Barapukuria – Madhya Durgapur

At the origin of this road segment a Bypass of 3 km has been proposed (Parbatipur Bypass- from km.0.00 to km. 3.00). Thereafter it will follow Parbatipur – Fulbari Road (Z5857) till reaches Barapukuria (km. 15.22). From this point, the road will move along the existing road (Barapukuria coalmine link road) which will meet the Fulbari- Madhyapara Road at km. 4.47. This existing alignment from Barapukuria will be improved by necessary widening; protection works to slope and cross drainage along markets/developed areas. This road will be developed at the standard of regional road.

The road passes through the following market area: Haldibari Railgate, Chandapara, Habra Bazar,

5 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

B. Boda - Debiganj - Domar – Nilphamari (Road Z5003 and Z5707)

Boda - Debiganj - Domar road (F5003, L549, F5707, L576): Originally it starts from the N5, travels towards east through Boda town, and ends at Domar. But in this project the alignment is slightly different. At origin the Boda Bypass (2 km length) will start at Km. ------(RHD) of NH-5 and meets existing Boda-Debiganj Road at km. 1.10. Then it follows the existing road till it reaches Domar town, km.29.20. Improvement of this part of the road will require embankment widening, cross drainage facilities and further land acquisition. From this point (km.29.20), the Domar Bypass (2.90 km length) starts and it will meet the existing Domar- Nilphamari Road at km.32.10 (old chainage is km.32.27) and ultimately ends at Nilphamari Bazar. It travels mostly through open field. Improvement of this road will be done by easing out sharp curves and embankment widening at places with some land acquisition.

Affected major locations (primarily commercial land use) on this road are: Jamdapara, Chandanbari, Sakoa Bazar, Banarhat, Debiganj, Chikonmari, Sonarai, Dharaniganj Bazar, Nilahati Bazar, Chowringhee Hut, Palasbari Bazar, Rathkhana, Gachbari Bazar, Nilphamari Bazar

2.5 Project Road for Contract No. 4

Chittagong - Dohazari Road (part of NH-1)

The project road under Contract Package No. 4 is estimated to be about 26.2 km of NH- 1(Chittagong - Cox Bazar Road). It starts at Moneshar Tek (km.0.00) and ends at Dohazari (km. 26.20). The corresponding chainage of the existing road are km.16.00 and km.42.20, within which the improvement work will be carried out. It is worth mentioning that the improvement proposal for this road segment would consist of two groups-

(i) Widening of about 21 km length of NH-1 divided in two parts (from km.16.00 to km.21.17 and from km. 26.22 to km.42.20) and (ii) Construction of Potia Bypass of about 5 km (originates at km.21.17 of NH-1 which meets the same Highway at km. 26.22)

The road is passing through a number of built up areas, namely, Monsher Tek, Amjarhat, Allaikhara, Indrapol, Chakrasala, Muzaffarbad, Roshanhat- Kanchannagore, Badamtoli, Uttar Zoara, Gachbaria, Hasimpur Bagicharhat, Dewanhat, Dohazari market.

6 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-3

PROJECT AREA & ITS INFLUENCE ZONE

3.1 Introduction

Development projects in general and road development projects in particular bring about changes in socio-economic and environmental condition in the project influence area. The development impacts are not, generally, remain confined in the Immediate Impact Area (directly affected area) but spread over to a considerably wider area, which may be termed as zone of influence. Hence, to ascertain the impact of the project, a clear knowledge about the project contents and its geographical location is a logical necessity, as the location of the project will decide its influence zone. In this chapter, an attempt is made to identify the project area of RNIMP-II and we will present a short note on some of the characteristics of the area as well.

3.2 Project Road

The total length of the project road is estimated to be 241.47 km. It is, in fact, a package of six road segments, scattered over 6 Zilas (districts) of Bangladesh, namely, Panchagarh, Dinajpur, Nilphamari, Kishoreganj, Mymensingh and Chittagong, the details of which have been provided in Chapter-2 of this report. The selected roadways are critical to virtually all of the population within the project area. The vast majority of goods transported within the area and from the area travel by road. Primary sector activities and more particularly, agriculture is the primary source of livelihood for vast majority of residents of the project area and the project roads are the critical links in the transport of agricultural inputs and product marketing. The project roads are expected to provide rural poor of the project area with access to markets, education and health care facilities through improved rural road network with connections to national roads leading to opportunities for access to regional commercial centres, which in turn improve the quality of life of the population of the project area.

Looking at distribution of project area one would notice that the major portion of the project road is passing through Panchagarh Zila (District), measuring about 82 km. The length of the project road is same (44 km) for two districts, Mymensingh and Dinajpur, while the share of other three districts are: Nilphamari – 28 km, Chittagong- 26 km and Kishoreganj – 16 km. The distribution pattern is shown in Diagram- 3.1.

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Diagram- 3.1 Distribution of Project Road Among Six Zilas (Districts) of Bangladesh Share of Project Road Among Constituent Zilas of Project Area 7%

11%

34% Panchagarh Mymensingh 12% Dinajpur Nilphamari Chittagong Kishoreganj

18% 18%

3.3 Project Area

It has already been stated that the instant project contains a package of six road segments and these are scattered over six districts as aforesaid. Hence, these six districts constitute the Project Area for the purpose of this study. That is, the sum total of areas through which the project corridor is traversing is taken as a Project Area. The further details of the project area and its impact zones are explained in the following section. The project area is estimated to be 18,759 sq.km.

Six road segments totaling to about 241.47 km under this project are within the administrative jurisdiction of 15 Upazilas. Details are given in Table - 3.1.

Table - 3.1 Name of Project Roads and Concerned Zila and Upazila Name of Zila / Length of Project Road No. Name of Roads Name of Upazila District Road (km) Bhaluka, 46.42 Bhaluka- Mymensingh Z3031, Gaffarganj Gaffargaon- Z3604 Hossainpur, Kishoreganj Kishoreganj Kishoreganj Sadar Nandail- Nandail, Mymensingh- 15.80 Z3608 Kishoreganj Kishoreganj Sadar Kishoreganj Panchagarh- Panchagarh Sadar, 57.20 NH-5 Panchagarh Banglabandha Tetulia Parbatipur- Parbatipur, 44.20 Z5857, Fulbari- Fulbari Dinajpur R556 Madhyapara Boda, 51.85 Boda-Debiganj- Panchagarh Z5003, Debiganj Domar- Z5707 Domar, Nilphamari Nilphamari Nilphamari Sadar Chittagong- Potia, 26.20 NH-1 Chittagong Dohazari Chanddnish Total 06 15 06 241.47

8 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

The project area comprises primarily of agricultural land. It has, of course, some built up areas with mixed land use character of Residence-cum commerce. But in overall terms the project area exhibits the agrarian character. Most of the households are engaged in primary sector activities for their living although tertiary sector activities (trade and commerce) are growing rapidly like other parts of the country.

3.4 Project Impact Zone

Every project has its own impact / influence zone. The zone of influence may be categorised into three groups- Immediate Impact Zone, Intermediate Influence Zone and Outer Influence Zone. The villages through which the project corridor traversing are considered to be Immediate Impact Zone of the project. The Intermediate Influence Zone comprises of concerned 15 Upazila(s) through which the project corridor is traversing while the Outer Influence Zone is the concerned 6 Zila / Disctrict(s) and gradually be extended to entire Bangladesh.

3.5 Some Basic Characteristics of the Project Area

In this part of the report an attempt is made to present some basic characteristics of the project area. The analysis includes physical features, like, geographical area, number of villages, Union, Upazila and Municipalities, and existing road network and demographic features, like, households, population size and growth trend, sex ratio, density, literacy etc.

3.6 Physical Features

The Project Area consists of 9,154 villages under 654 Unions with total geographical coverage of 18,759 sq.km., i.e. 13 per cent of total area of Bangladesh. The area is predominantly rural. Table- 3.2 presents area, number of Upazila, Union, Village and Municipalities in each constituent Zilas / Districts of the project area. The area is under the administrative jurisdiction of 75 Upazila (Sub district).

Table - 3.2 Physical Features of the Project Area

Name of Zilas / No. of No. of Area in No. of No. of Union Districts Upazila Village Sq. Km Municipalities

Panchagarh 5 101 2142 1,405 6 Dinajpur 13 43 850 3,438 1 Nilphamari 6 62 370 1,581 3 Kishoreganj 13 105 1,764 2,689 4 Mymensingh 12 146 2,709 4,363 8 Chittagong 26 197 1,319 5,283 7 TOTAL 75 654 9,154 18,759 29 Bangladesh 475 4,484 87,319 147,570 223

3.7 Existing Road Network in Project Area

Taking all types of road together (National Highway, Regional Highway and Feeder Road), the total length of road in the project area is estimated to be about 2,828 km. The composition of road network of the project area may be seen from Table- 3.3.

9 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 3.3 Existing Road Network in Different Zilas / Districts of the Project Area Existing Road Network (km) Name of Zila / Area in National Regional Feeder Districts Sq. Km Total Highways Highways Roads Panchagarh 1,405 73 0 56 129 Dinajpur 3,438 59 49 256 364 Nilphamari 1,581 11 20 172 203 Kishoreganj 2,689 3 12 308 323 Mymensingh 4,363 87 19 544 650 Chittagong 5,283 175 33 1,020 1,228 TOTAL 18,759 408 64 2,356 2,828 Bangladesh 147,570 3,086 1,751 15,962 20,799

3.8 Population

The size of population in the project area worked out to be 18,602,304 according to Census 2001. The number of households is estimated to be 3,805,160. Thus, the average household size worked out to be 4.9 persons. Population size, number of households, density of six districts comprising the project area according to 1991 and 2001 Censuses are shown in Table - 3.4.

Table - 3.4 Demographic Features of the Project Area Density Total number of Average Population (Population Name of Area in Household Household Size Zila/Districts Sq Km per sq. Km) 1991 2001 1991 2001 1991 2001 1991 2001 Panchagarh 1,405 745,978 876,048 531 623 143,600 178,260 5.19 4.6 Dinajpur 3,438 2,371,183 2,763,606 690 804 443,158 571,620 5.35 4.5 Nilphamari 1,581 1,415,768 1,634,868 895 1034 268,881 332,740 5.26 4.6 Kishoreganj 2,689 2,388,348 2,675,114 888 995 430,291 528,520 5.55 4.7 Mymensingh 4,363 4,096,486 4,665,031 939 1069 779,628 965,140 5.25 4.6 Chittagong 5,283 4,263,538 6,941,278 807 1314 970,660 1,228,880 4.39 5.3 TOTAL (Project 18,759 15,281,301 19,555,945 815 1042 3,036,218 3,805,160 5.3 4.9 Area) Bangladesh 147,570 111,455,185 130,029,749 720 881 19,397,992 25,307,600 5.7 5.6 Source : Statistical Yearbook of Bangladesh, 2004

3.9 Decadal Growth

The decadal growth of population during 1991-2001for the project area was estimated at 21 per cent. The corresponding figure for the country as a whole was about 17 per cent.

3.10 Density

The gross density (population per sq.km) of the project area increased from 815 persons in 1991 to 1,042 persons in 2001. The corresponding figures for Bangladesh as a whole worked out to be 720 persons in 1991 and 881 persons in 2001, as revealed from Table - 3.4.

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3.11 Urbanization

For project area, as a whole, about 10 per cent is urban population as against 23 per cent for the country as a whole. That means about 90 per cent of populations in the project area are living in rural areas. However, urbanisation pattern of six constituent Zilas (Districts) of the project area and of Bangladesh as a whole are presented in Table - 3.5.

Table - 3.5 Total Population and Urban Population in the Project Area Population 2001 Name of Zila / Total population Urban population Percentage of Districts urban population Panchagarh 876,048 87,680 10.5 Dinajpur 2,763,606 354,920 13.4 Nilphamari 1,634,868 193,540 12.4 Kishoreganj 2,675,114 335,720 13.1 Mymensingh 4,665,031 615,600 13.8 Chittagong 6,941,278 329,440 4.74 TOTAL 1,916,900 9.8 19,555,945 (Project Area) Bangladesh 130,029,749 28,605,200 23.1

3.12 Sex Ratio

Sex ratio is defined as number of female population against 1,000 males. Out of total Population of 19,555,945 in the project area, the number of males is 10,133,547 and females is 9,422,398. Further details of population of six Zilas (Districts) of Bangladesh and the country as a whole are shown in Table - 3.6.

The M-F Ratio in the project area was 930 in 2001. The ratio was highest for Kishoreganj (961) followed by Panchagarh (953), Mymensingh (946). The ratio was nearer to average for Dinajpur (639) and Nilphamari (930) and lowest for Chittagong (901). For the country as a whole the M-F ratio in 2001 worked out to be 938. The Table 3.6 indicates a trend towards gender balance in the project area.

Table - 3.6 Population of the Project Area During Last Two Decades Population in 2001 M-F Population in Name of Districts Persons Males Females Ratio 1991 Panchagarh 876,048 448,547 427,501 953 745,978 Dinajpur 2,763,606 1,425,126 1,338,480 939 2,371,183 Nilphamari 1,634,868 847,034 787,834 930 1,415,768 Kishoreganj 2,675,114 1,364,342 1,310,772 961 2,388,348 Mymensingh 4,665,031 2,397,077 2,267,954 946 4,096,486 Chittagong 6,941,278 3,651,421 3,289,857 901 4,263,538 TOTAL 19,555,945 10,133,547 9,422,398 930 15,281,301 (Project Area) Bangladesh 130,029,749 67,100,494 62,929,255 938 111,455,185

3.13 Literacy

Literacy is one of the most important socio-economic characteristics. The persons who could both read and write with understanding in any language is taken as literate. A person who could merely read but not write was not treated as literate. As regard, the estimate of literacy rate relates to populations of age 7 years and above. The highest literacy rate is recorded in Chittagong district (54.93) percent according to 2001 Census

11 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

as against 45.32 per cent for country average. The literacy rate of three constituent Zilas /Districts of the project area, namely, Mymensing, Nilphamari and Kishoreganj is below average and two others (Pachagarh and Dinajpur) achieved the rate of national average. Further details may be seen from Table - 3.7.

Table - 3.7 Literacy Rate in the Project Area and Bangladesh in 2001 Name of Districts Total population Literacy rate

Panchagarh 876,048 44.0 Dinajpur 2,763,606 45.56 Nilphamari 1,634,868 37.31 Kishoreganj 2,675,114 37.60 Mymensingh 4,665,031 36.63 Chittagong 6,941,278 54.93 TOTAL 19,555,945 (Project Area) Bangladesh 130,029,749 45.32

3.14 Concluding Observations

Project influence area is extended over six Zilas / Districts of Bangladesh. The project roads are passing through numerous villages, which would be the direct impact area of the project and 15 Upazilas are considered to be the Intermediate Influence Zone while the 6 Zilas of Bangladesh constitute the Outer Influence Zone.

The project area is primarily rural. Agriculture is the primary source of income for vast majority of households. The area is economically backward. However, from the point of view of occupational pattern it is found that a vast majority of population depends on primary sector activities followed by trade, commerce, and service while a small fraction of total population is engaged in industrial pursuits. In short, the majority of households belong to low income group.

The widened road will bring about positive social change. It will reduce travel time, increase access to markets and jobs, educational institutions, community facilities and health care services leading to overall development of the region in general and the project area in particular.

12 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-4

SOCIAL SCREENING & SOCIAL IMPACT ASSESSMENT

4.1 Objectives of Social Screening

Development projects in general bring about changes in socio-economic and environmental condition in the project influence area. These changes may be positive or negative or both. On the positive aspect, it accelerates the process of overall socio- economic development of the region. On negative side, it may cause damage to eco- systems and, generally, a number of people are being adversely affected. To assess the potential social impact of the project and to suggest mitigating measures, an exercise on social screening and social impact assessment is inevitable. The affected persons might have incurred loss of any or more of the following types: agricultural land, homestead land, commercial and business activities, structures for dwelling or business, etc. Moreover, the project may also cause damage to community facilities and utilities, like, potable water source (eg. tube well, well etc), market place, schools, places of worship, community centres, clubs etc.

The instant social screening exercise is intended to assess the negative impacts (direct, indirect or cumulative) and to suggest mitigating measures to avoid or at least minimize the adverse impacts on: nearby communities and natural environment, people and properties falling on the direct path of road development, people affected by the way of disruption of livelihood, breakage in community linkages, impacts arising from land acquisition and resettlement, impacts on indigenous people, impacts on human safety etc. To minimize and/ or avoid the adverse impacts, necessary modifications are to be made at design stage. But in cases of unavoidable negative impacts these will be mitigated through suggested appropriate measures being adopted during construction and operational stages. Finally, a Resettlement Action Plan has been prepared to mitigate the negative impacts of the project.

4.2 Methodology

The exercise of Social Screening and Social Impact Assessment and the preparation of Resettlement Action Plan conducted in a phased manner. Firstly, a reconnaissance survey conducted over the entire length of the project corridor. Secondly, a socio- economic census conducted to collect detail information on types and nature of properties will be affected as well as socio-economic condition of the project affected households. Thirdly, several Group discussions were held with different stakeholders, like, project affected persons / households, government officials, local public representative, Businessmen Society, Chamber of Commerce and Industry, Non Governmental Organisation (NGO), etc. Details of each step are reflected in the following sections separately.

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4.3 Reconnaissance Survey

A reconnaissance survey had been conducted over all six segments of the project corridor (i.e. the entire project corridor of 241.47 km) during the period – 17th, 22-24, 26th, 29-31 July, 2006. This survey was conducted to ascertain and record (a) the types and nature of bottlenecks expected to be faced during implementation by the Project Affected Households (PAHs); (b) number and extent of encroachments and their locations along the project roads within the existing RoW; (c) number and type of properties will be affected and (d) to interact with some of the project affected persons / households to enlighten them about the importance of the project and understand their expectations about rehabilitation and / or reaction thereof. The Study Team visited each and every potentially affected location on the project corridor and prepared a preliminary list of potentially affected properties indicating their nature and types, viz. house, shop, temple, mosque etc. during the said visits.

4.4 Socio-economic Survey

4.4.1 Survey Schedules

With a view to draw need based Resettlement Action Plan, field surveys covering all the PAHs (census) were conducted, for collection of primary data in each and every affected spots over the entire stretches, in strict compliance of social / environmental guidelines and regulations issued by Bangladesh Government and Asian Development Bank. The Field Investigators visited the affected locations to record the details of the affected properties (including common properties) and collected socio-economic data of the affected persons/ households. The Survey Schedule used for the purpose is placed in Appendix- 4.1 and 4.2. Note that Appendix-4.1 contains Survey Schedule for collection of relevant data in respect of individual households while the other Survey Schedule marked Appendix-4.2 has been used for collection of data in respect of common properties, like, religious places, educational institutions, etc. In fact, two sets of data had been collected. One relates to affected properties of individual households and/ or common properties. The inquiries aimed at assessment of types and extent of damage in the form of: loss of agricultural land, loss of homestead land, loss of living quarters and other physical infrastructures due to demolition of buildings, loss of commercial and business activities, loss of occupied land with permission of owners, loss of structures (legally / illegally constructed) for dwelling or business, loss of tenant contract or farming, loss of community facilities and utilities, like, potable water source (eg. Tube well, well etc), market place, schools, place of worships, community centers or clubs etc. The other set of enquiry aimed at preparing a socio-economic profile of the project affected households, which include demographic features, like, household size, age distribution, sex ratio, education etc and economic characteristics, like, usual activity status (occupation), income, vulnerability etc.

4.4.2 Survey Personnel

The field surveys were conducted by a team of 6 enumerators headed by a Supervisor during the period from 17th August to 7th October, 2006. The most of them are post- graduates with experience in field surveys. A training conference was held to enlighten the Investigators of intent, scope and hindrances/ limitations of the surveys and to provide guidance to conduct field works. Two structured survey schedules were used for the purpose, which are reproduced in Appendix- 4.1 and 4.2.

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4.4.3 Guidelines on RoW

To ascertain the extent and degree of encroachment the Field Investigators were advised to consider the Right of Way (RoW) as 27-30 meters on both sides from the central line of the road in respect of all existing roads and for all Bypasses. This yardstick was followed to make the social screening exercises for the instant project. Finally, a list of properties located within the RoW has been prepared in consideration of the proposed alignment plan.

4.5 Social Interactions

The project road passes through built up areas in many stretches. There are encroachments on RHD land in those areas, which are to be removed to implement the instant road widening project. It is worth noting that every attempt has been made to draw the alignment in such a way so that minimum damage will be inflicted upon the existing properties along the project corridor without making any compromise with road geometry. Nevertheless, the proposed development of the project corridor through these areas will entail demolition of either partly or fully some structures/ houses, many of which are used as residence-cum- shops. Moreover, a few religious properties will also be affected. They are to be relocated in consultation with concerned group of people.

To resolve the issues as aforesaid, a number of social interactions in the form of Group Discussions were held at different locations of the project roads on different dates with project affected persons and persons of repute of the locality. Moreover, the study team interacted with some other stakeholders, eg. concerned government departments including local government, Businessmen Society, Chamber of Commerce & Industry and Non-Governmental Organisations (NGOs) to resolve social issues involved in this road widening project. The Team held group discussions at different locations of the project corridor on different dates- 26th July, 22nd, 27th, 29th August, 14th , 16th , 17th , 18th , 19th September, 25th and 26th November, 2006 and 19th February and 10th March, 2008. Details of these discussions are stated in Chapter- 7.

4.6 Social Impact Assessment

Earlier discussions revealed that an extensive social impact assessment exercise has been carried out over the entire length of the project road, comprising of six road segments as stated earlier, through reconnaissance survey, extensive field survey including socio-economic survey of project affected households and properties and social interactions in the form of group discussion at different locations in the project area. Data generated through these exercises have been used to make estimates of social impacts of the instant project. This exercise had been carried out in close collaboration with environmental and technical experts associated with this project. The findings of this Social Impact Assessment study constitute the major inputs of the instant Resettlement Action Plan

4.7 Sources of Data

Both primary and secondary data were used for this social screening exercise and for Social Impact Assessment study. It has already been mentioned that field surveys had been conducted to collect primary data.

15 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

The published documents constitute the secondary source of this study. These are: Statistical Yearbook of Bangladesh 2004, Population Census- 1991 and 2001.

4.8 Re-survey of PAHs by CCDB

Due to some practical problems related to RoW and number of PAPs, and so the affected properties, a field survey of all the Project Affected Households (PAHs) in all the six roads’ RoWs were undertaken again by engaging the implementing NGO named Chiristian Commission for Development in Bangladesh (CCDB) during the months of August and September 2007. This survey covered all the affected PAHs and their total number was enumerated at 3,964. The present report (chapter 5 and 6) is based on the data collected by CCDB. Numbers of FGD & PRA also had in February / March 2008.

Detail information of households of all the project affected persons who will be affected directly by this project by losing properties including structures, trees and other properties or livelihood were collected. Therefore each affected person has been considered as PAH as an unit. All the members of the PAHs have been considered as Project Affected People/Person (PAP). These people need to be displaced from their existing housing or CBE’s or place of work. Data collected through census for each PAH with type and amount of losses are presented in appendix-6.1.

With completion of census, through FGD and general meeting CCDB has declared the cut-off dates for enlisting the potential losses due to implementataion of the project and entitilements as recommended in RAP for PAHs in different segments of project corridors. Following table presents the cut-off dates by road segments and districts.

Sl. No. Name of Road Name of District Cut-off Date Mymensingh 16/09/2007 01 Bhaluka-Gaffargaon-Kishoreganj Kishoreganj 16/09/2007 Mymensingh 16/09/2007 02 Nandail-Kishoreganj Kishoreganj 16/09/2007 03 Panchagarh-Bangladesh Panchagarh 20/09/2007 04 Parbatipur-Fulbari-Madhyapara Dinajpur 22/09/2007 05 Boda-Debiganj-Domar-Nilphamari Nilphamari 20/09/2007 06 Chittagang-Dohazari Chittagang 10/09/2007

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CHAPTER- 5

SOCIO-ECONOMIC PROFILE OF PROJECT AFFECTED HOUSEHOLDS

5.1 Background

In this chapter we will present a socio-economic profile of family members of the project affected households, who are the target groups of the proposed Resettlement Action Plan. Many houses/structures will be demolished on implementation of this project and consequently a large number of households will be displaced from their place of residence and/ or place of business and many persons from place of work (occupation). Moreover many common properties will also be affected by this project. The instant Resettlement Action Plan is being prepared to mitigate these negative social impacts of the project. This study on socio-economic condition of these potentially affected persons and family members will indicate, to some extent, the quality of life of those affected persons. These are the essential inputs to draw Resettlement Action Plan. The basic aim of which is to ensure that affected/ displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

The present analysis of socio-economic profile of the project affected persons and their family members is based on a limited number of indicators, like, demographic features, eg, number of project affected persons, family size, sex ratio, literacy, religion, and economic characteristics, eg. usual activity status, principal occupation of the family members and income etc.

5.2 Sources of Data

The analysis is based on data generated through socio-economic survey of all the 3,964 PAHs (census) conducted over the entire project corridor of 241.47 km during the months of August to September 2007 by CCDB. Two survey schedules were used to collect data during field survey- one for collection of relevant information from individual households/persons and another for collection of information on affected common /community properties.

5.3 Findings

In this part of the report we will deal with a limited number of socio-economic parameters to assess the present socio-economic conditions of the potentially affected households. These are: number of affected households, affected persons, M-F ratio, age distribution, literacy, religion, usual activity status, income, etc. A short analysis on each aspect is presented in the following sections. The analysis is based on data generated through the field survey conducted for the purpose of this study.

5.4 DEMOGRAPHIC FEATURES

5.4.1 Affected Households and Population

Data generated through field survey revealed that about 3,964 households will be affected on implementation of this road improvement project (RNIMP-II) which would involve a population of size 20,138 scattered over 6 segments of the project corridor.

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Road-wise number of affected households and affected population along with some other basic information are given in Table- 5.1.

5.4.2 Male Female Ratio

Table-5.1 provides two sets of information on the basis of gender. These are: number of affected male population and female population, and number of households headed by male member of the family and vice versa. It is worth mentioning that by headship of household we mean that he or she is the owner of the affected property (either living unit or business premises). Information contained in the Table-5.1 reveals that:

(i) Out of total affected population of 20,138 in the project area, the number of males are estimated to be 10944 and females are 9,194 (i.e. the ratio is 54 : 46);

(ii) Of 3,964 affected households, 3,827 are reported to be headed by male member of the household while only 137 households are headed by female member of the family, indicating a share of about 3.45 per cent of total affected households.

5.4.3 Average Household Size

The average household size of all of the potentially affected households worked out to be 5.08 and of the six roads, the highest household size (6.54 persons) was for Chittagong - Dohazari road.

Table - 5.1 Number of Project Affected Households and Population Along Different Segments of Project Corridor

Total Name of Road Domar Fulbari Fulbari Nandail Nandail Bhaluka Dohazari Dohazari Parbatipur Parbatipur Nilphamari Madhapara Madhapara Chittagong Gaffargaon Panchagarh Panchagarh Kishoreganj Kishoreganj Banglabandh Banglabandh Boda Debiganj Debiganj Boda Road length (Km) 45.40 15.80 57.20 44.20 51.85 26.20 241.47 Affected 1,094 130 381 405 1,165 789 3,964 Households Affected Population 5,411 589 1,655 1,743 5,576 5,164 20,138 Male Population 2,994 328 896 911 2,972 2,843 10,944 Female Population 2,417 261 759 832 2,604 2,321 9,194 Average Household 4.95 4.53 4.34 4.30 4.79 6.54 5.08 Size Male Headed 1,032 125 372 392 1,139 767 3,827 Households Female Headed 62 5 9 13 26 22 137 Households Muslim Households 1,038 126 372 392 984 681 3,593 Non-Muslim 56 4 9 13 181 108 371 Households

5.4.4 Religion

The predominant religious group among the potentially affected households/persons is Islam (90 per cent) followed by Hinduism ( more than 9 per cent) as second largest group and only a very small number (3 Christian and 3 Buddhist ) of households were found to having faith on other religions. It is to be mentioned here that the socio economic survey reveals that the project would not affect any indigenous population along its RoW.

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Table - 5.2 Distribution of Affected Households by Religion Number of Affected Households by Religion in Different Segment

Religions Total Fulbari - Nandail - Dohazari Dohazari - Domar - - Domar Bhaluka - Bhaluka Nilphamari Nilphamari Parbatipur - Kishoreganj Kishoreganj Chittagong - Chittagong Gaffargaon - Kirshoreganj Kirshoreganj Madhayapara Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj Boda - Debiganj Muslim 1,038 126 372 392 984 681 3,593 Hindu 56 4 8 13 179 105 365 Budha - - 1 - 2 - 3 Christian - - - - - 3 3 Total 1,094 130 381 405 1,165 789 3,964 Note : No indigenous households was found to be affected by the project, RNIMP-II

5.4.5 Distribution of Project Affected Population by Age Groups

Table 5.3 presents information on distribution of project-affected population according to age groups. The Table reveals that out of total project affected population of 20,138 involved in 3,964 households, about 29.47 per cent were found to be below 15 years of age while at the other end about 4.62 per cent were above the age of 60 years. These two groups conjointly constitute demographically dependent age group, whose share is estimated at 32.09 per cent of the total population. Thus, the remaining 75.91 per cent of population are found to be in active age-group category.

Table - 5.3 Distribution of Population of Project Affected Households by Age Group Roadwise Population by Age Group in the Project Affected Households

Age Groups (Years) Total Fulbari – Dohazari Dohazari Nandail – Bhaluka - Bhaluka - Domar – - Domar Nilphamari Nilphamari Parbatipur - Kishoreganj Kishoreganj Chittagong - Chittagong Gaffargaon – Gaffargaon Kirshoreganj Kirshoreganj Madhayapara Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj Boda - Debiganj 0 to 6 626 62 191 258 744 581 2,462 7 to 14 923 134 323 299 975 818 3,472 15 to 21 752 89 235 244 790 806 2,916 22 to 45 2,179 196 693 729 2,284 2,079 8,160 46 to 60 634 79 152 167 582 584 2,198 Above 60 297 29 61 46 201 296 930 Total 5,411 589 1,655 1,743 5,576 5,164 20,138

5.4.6 Level of Education

Of the total population 20,138; 1,849 are yet to attend school (too young) and the literacy status of the rest 18,289 are shown in Table 5.4.

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Table - 5.4 Distribution of Population of Project Affected Households by Levels of Education

Road wise Numbers

Level of

Education Total Fulbari – Nandail - Dohazari Dohazari Bhaluka - Bhaluka - Domar – - Domar Nilphamari Nilphamari Parbatipur - Kishoreganj Kishoreganj Chittagong - Chittagong Gaffargaon – Gaffargaon Kirshoreganj Kirshoreganj Panchagarh - Panchagarh Madhayapara Madhayapara Banglabandha Banglabandha Boda - Debiganj Boda - Debiganj Illiterate 552 96 88 81 225 515 1557

Of the total 18,289 persons, about 8.51 percent are illiterate implying a very high literacy rate of around 91 percent. Among the literates, about 16 per cent passed primary school; another 24 per cent were found literate but did not pass the primary education. About 18 per cent had middle level education (below class VIII) and the share of Secondary, Higher Secondary and Graduates are: 11, 15 and 7 per cent respectively. Like any other areas of Bangladesh, literacy as well as level of education of female population of the project areas appear to be lower than that of the male population. However, with the special measure taken by the goverment like, scholarship program for the female students, the literacy as well as level of education of this group are increasing gradually.

Of these 18,289 persons, 137 are female heads of households and their literacy rate and level of education are given in Table 5.6.2

5.5 Economic Characteristics of Project Affected Households

5.5.1 Usual Activity Status of the Project Affected Population

Data on usual activity status of the members of each affected households were collected all along the constituent segments of the project corridor. Tabulated data are furnished in Table - 5.5.1.

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Table - 5.5.1 Usual Activity Status of the Project Affected Population in Different Segment of the Project Corridor Road wise Numbers

Usual Activity Status Total Fulbari - Dohazari Dohazari - Domar - - Domar Nandail – Bhaluka - Bhaluka Nilphamari Nilphamari Parbatipur - Kishoreganj Kishoreganj Chittagong – – Chittagong Gaffargaon – Gaffargaon Kirshoreganj Kirshoreganj Madhayapara Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj Boda - Debiganj Employer 22 13 4 4 9 40 92 Own Account Worker 1,095 120 375 342 1,244 815 3,991 Employee 152 14 31 51 133 313 694 Unpaid Household 423 48 137 135 366 519 1,628 Labour Unemployed 80 10 33 43 96 92 354 Too Old/TooYoung/ 980 118 266 345 1,453 781 3,943 Physically Disabled 10 2 - 2 1 13 28 Retired/Pensioner/Remitt 67 12 5 6 13 64 167 ance Receiver Student 1,362 140 438 414 1,393 1,398 5,145 House Wife 1,022 100 314 345 743 666 3,190 Others 198 12 22 46 125 463 866 Total 5,411 589 1,655 1,743 5,576 5,164 20,138

Out of 20,138 total population, the number of ‘students’ are 5,145, and for ‘too old/ too young/ disabled’ category, the number is as high as 3,943. Again, 167 persons are in the group of Retired/Pensioner/Remittance Receiver. These three categories taken together would account for more than 46 per cent of total population, who may be considered as economically dependent population. Again, like the other areas of Bangladesh, most of the married women mention their occupation as house wife. This occupation was mentioned by more than 80% of the married women of 3,964 PAHs. Number of households with physically disabled person was only 28 which is only 0.7% of the total PAHs.

5.5.2 Principal Occupations of Project Affected Persons (Owners of Affected Properties)

In this section we will examine the principal occupation of the owners of the affected property only. They are organized in 5 major groups, like, Farmer, Labourer, Business, Services and Others, and the tabulated data according to said occupational categories are presented in Table 5.5.2 About 59 per cent of them reported to be ‘Business’ as principal occupation. The second large group is ‘Farmer’ which accounted for about 20 per cent, followed by ‘Service’ (8 per cent) and ‘Labour’ (4 per cent) and the rest 8% belong to various occupations like; Rickshaw pulling, vending, hawking etc.

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Table - 5.5.2 Principal Occupation of the Project Affected Persons Roadwise

Principal Occupation of PAP Total Fulbari – Dohazari Dohazari - Domar - - Domar Nandail – Bhaluka - Bhaluka Nilphamari Nilphamari Parbatipur - Kishoreganj Kishoreganj Chittagong - Chittagong Gaffargaon - Kirshoreganj Kirshoreganj Madhayapara Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj Boda - Debiganj Farmer 330 42 145 65 165 40 787 Labour 33 3 49 25 36 14 160 Business 472 58 143 276 804 589 2,342 Service 120 10 15 18 77 67 307 Others 139 17 29 21 83 79 368 Total 1,094 130 381 405 1,165 789 3,964

Of the total 3,964 PAHs, 137 are female headed and their occupations are given in Table 5.6.3

5.5.3 Annual Income of the Affected Households and Poverty

Income is, perhaps, the most significant cross-cutting indicator of assessing the socio- economic characteristics of the households and the number –1 indicator for estimating the households below the poverty and/or absolute poverty line. Keeping that in view, information on annual income of all the 3,964 potentially affected households were collected through field survey. The generated data are presented in Table - 5.5.3, which shows distribution of the affected households in different income-classes.

Table - 5.5.3 Distribution of the Project Affected Households Among Different Income Class (Tk.) Road wise Number of Project Affected Households in Relation to Income Groups

Annual Income Groups (Tk. Per Household) Total Domar – Fulbari – – Fulbari Dohazari Dohazari Nandail - Nandail Bhaluka - Nilphamari Parbatipur - Parbatipur Kishoreganj Chittagong - Chittagong Gaffargaon – Kirshoreganj Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj - - Debiganj Boda Upto 30,000 148 27 22 56 52 57 362 30,001 to 40,000 126 23 74 66 149 50 488 40,001 to 50,000 85 21 55 16 99 30 306 50,001 to 60,000 129 18 51 81 152 60 491 60,001 to 70,000 8 2 7 0 3 6 26 70,001 to 80,000 82 9 46 42 109 41 329 80,001 to 90,000 60 8 30 19 82 41 240 90,001 to 100,000 71 6 30 24 75 46 252 100,001 to 125,000 121 10 32 68 188 106 525 125,001 to 150,000 51 3 14 11 42 49 170 150,001 to 200,000 84 1 11 10 82 89 277 Above 200,000 129 2 9 12 132 214 498 Total 1,094 130 381 405 1,165 789 3,964 Average household 109,187 65,385 76,273 78,099 124,635 205,412 125,108 income

22 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

The average annual income of the 3,964 project affected households is estimated at Tk. 125,108 with the highest concentration (525 households) in the income-class of Tk. 100,001-125,000. Of the 6 roads under RNIMP-II, average annual household income worked out to be highest for Chittagong-Dohazari (Tk. 205,412) segment followed by Boda Debiganj-Domar-Nilphamari Road (Tk. 124,635). This could, perhaps, be explained by the fact that majority of the affected households are engaged in business of one type or other. For Chittagong Do-Hazari road, business as occupation claims nearly 75% of the PAHs; and this percentage was about 69 for Boda-Debiganj-Domar-Nilphamari road.

The Socio-Economic Impact Assessment and Poverty Reduction Impact Study of RNIMP- II (Section-6.6.1) has considered Tk. 40,000 per household annual income as the upper limit of poverty line and 850 (21.5%) of the total PAHs (3,964) were found below this poverty line. This group has been considered as Vulnerable and has received special attention in the RAP (Section 6.10). In the project influence areas this percentage was 40 (Table-6.6.2 of the same report).

5.6 Gender Considerations

Gender Considerations cover three broad issues:

• Gender Analysis of Female Headed Households; • Gender Considerations in NGO Activities; and • Gender Considerations in RAP.

5.6.1 Gender Analysis of Female Headed Households

Of the total 3,964 PAH’s , only 137 (3.5%) are female headed. The Male : Female ratio in the PAHs is 53:47. For having more insight on Gender Issues, the data on age of female heads, their level of literacy, occupations and income distribution of the households are given below.

Table - 5.6.1 Distribution of the 137 Female Household Heads in Relation to Age

Name of Roads

Age Groups (Year) Total Domar - Fulbari – – Fulbari Dohazari Dohazari Nandail - Nandail Bhaluka - Nilphamari Parbatipur - Parbatipur Kishoreganj Chittagong - Chittagong Gaffargaon – Kirshoreganj Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj - - Debiganj Boda upto 30 6 - 1 2 1 3 13 31-50 34 4 5 11 14 11 79 Above 50 22 1 3 - 11 8 45 Total 62 5 9 13 26 22 137

Of the total 137 female heads of households 58 percent are in the age group of 30 to 50 years followed by the age group of above 50 years (33%). Their average age is calculated at around 46 years.

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Table - 5.6.2 Distribution of the 137 Female Household Heads in Relation to Literacy Name of Roads

Literacy Level Total Domar - Fulbari – – Fulbari Dohazari Dohazari Nandail - Nandail Bhaluka - Nilphamari Parbatipur - Parbatipur Kishoreganj Chittagong - Chittagong Gaffargaon – Kirshoreganj Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj - - Debiganj Boda Illiterate 21 1 3 7 2 5 39 Primary 25 3 6 6 10 12 62 Class VI-VIII 5 - - - 3 1 9 Class IX-X 4 1 - - 4 - 9 S.S.C & Above 7 - - - 7 4 18 Total 62 5 9 13 26 22 137

Only 29 percent of the female heads are found illiterate, which implies that the rest 71 percent are literate. This leads to the conclusion that the literacy percentage of the female heads is quite high compared to the average rural situation of Bangladesh. Moreover, 13% of all the female heads have literacy level of S.S.C and above, which is also high in a situation where overwhelming majority of them belong to middle ages.

Table - 5.6.3 Distribution of the 137 Female Household Heads in Relation to Occupations Name of Roads

Occupations Total Domar - Fulbari – – Fulbari Dohazari Dohazari Nandail - Nandail Bhaluka - Nilphamari Parbatipur - Parbatipur Kishoreganj Chittagong - Chittagong Gaffargaon – Kirshoreganj Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj - - Debiganj Boda House wife 49 5 4 2 13 19 92 Business 4 - 1 - 6 1 12 Service 5 - - - 2 2 9 Labour 2 - 3 9 4 - 18 Others 2 - 1 2 1 - 6 Total 62 5 9 13 26 22 137

Of the total female heads, two-thirds said that their principal occupation is to look after the household works as housewife. The rest one-third was associated with some kind of income generation activities. This reality reflects that there are ample scopes for integrating them with the credit backed income generation activities of the NGOs working for Poverty Alleviation in the respective areas.

Another important point is that the implementation of RNIMP-II will not affect the occupation/employment of the affected 39 female heads of households (Business + Service + Labour) for the reasons like:

- The service holders will not lose their service and will live in the same community. - The business-women will be within the same locality. If they are on RHD land, they will move behind and continue their business along the improved road.

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- The laboures will be in the same community and with the help of INGO, many of them will get employment during the road construction in the works suitable to them. - Above all, the vulnerable women will be able to receive to IGA training through the INGO and all costs in this regard have been included in the RAP budget. Moreover, those who are willing to, will be integrated with the NGOs working for Poverty alleviation in the respective areas. As none of the affected households (3,964) will move far from their present affected homestead or business enterprises; none of the female students, service holders, labourers or traders will lose their present livelihood/occupation.

Table - 5.6.4 Distribution of the 137 Female Household Heads in Relation to Total Household’s Income (Taka) Roads Name

Annual Income Groups (Tk. Per Household) Total Domar - Fulbari – – Fulbari Dohazari Dohazari Nandail - Nandail Bhaluka - Nilphamari Parbatipur - Parbatipur Kishoreganj Chittagong - Chittagong Gaffargaon – Kirshoreganj Madhayapara Panchagarh – Panchagarh Banglabandha Banglabandha Boda - Debiganj - - Debiganj Boda Upto 30,000 20 3 7 13 7 10 60 Upto 40,000 7 1 2 - 4 2 16 40,001 to 50,000 7 1 - - 1 2 11 50,001 to 60,000 4 - - - 1 1 6 60,001 to 70,000 - - - - - 1 1 70,001 to 80,000 3 - - - 2 1 6 80,001 to 90,000 2 - - - - - 2 90,001 to 100,000 3 - - - 2 - 5 100,001 to 125,000 2 - - - 5 1 8 125,001 to 150,000 3 - - - 1 - 4 150,001 to 200,000 4 - - - 1 1 6 Above 200,000 7 - - - 2 3 12 Total 62 5 9 13 26 22 137

Of these 137 female headed households, 76 (55.5%) had annual family income of Tk. 40,000 or below. This group has been considered as Vulnerable i,e living in Poverty. An amount of Tk. 10,000 will be given to all these households as grant. Moreover, their skill will be developed through one month skill training to be organized by the INGO and financed by the project. For improving their economic condition they will be encouraged by the INGO to be integrated with the NGOs working in the respective areas for Poverty Alleviation through credit support for funding various IGAs.

5.6.2 Gender Considerations in NGO Activities

The NGOs in Bangladesh are highly active for gender development through providing micro-credit for IGAs and social mobilization to around 15 million poor households. All multilateral donor agencies and the UN organisations have been appreciating and supporting the NGO activities for socio-economic development of the poor households

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through channelization of their support services through women. The mainstreaming of development intensions is described as most clearly demonstrated by the rapid expansion of micro-credit based programme. Apart from the national, a good number of international NGOs are also working in this country with the good of socio-economic poverty alleviations of the poor households through involving women. As of now, they have been able to reach almost all the villages of the country. They have mobilized poor people touching every village, household to expend micro-credit programme. The reduction of poverty from 60 percent in 1990 to 40 percent in 2005 is contribution of the NGOs. The wining of the Nobel Peace Prize by the Grameen Bank and its founder Dr. Professor Mohammad Yunus is a great recognition of the NGO works by the world community. Encouraged by the winning the Nobel Prize the NGO run micro-credit programme, one of the principal vectors of development in Bangladesh will continue to serve for poverty reduction and social development. All national and international NGOs along with local NGOs are in operation in the project regions.

The Project, RNIMP-II will be implemented in 6 districts and the number of directly PAHs has been enumerated at 3,964. Of the total PAHs, 362 and 488 have been designated as very poor and poor respectively (total = 850 or 21.5 percent), and they are the most immediate target households for poverty alleviation by the NGOs. The districtwise name of NGOs and GOs operating in the road-side areas for poverty alleviation are given in the following Table 5.6.5.

Table – 5.6.5

Districtwise Name of NGOs and GOs Operating in the Roadside Areas for Poverty Alleviation Name of Districts Name of NGOs

Mymensingh Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Proshika, Podokhep, Palli Mongol, Nijosho Uddjog Kishoreganj Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Proshika, Podokhep, Palli Mongol, Nijosho Uddjog

Panchagarh Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Rangpur-Dinajpur Rural Society (RDRS), Grameen Bikash Kendra, Popy, Podokhep, PLAN, CCDB, Come to Work, TMSS, Polly Shree

Dinajpur Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Rangpur-Dinajpur Rural Society (RDRS), Grameen Bikash Kendra, Popy, Podokhep, PLAN, CCDB, Come to Work, TMSS, Polly Shree

Nilphamari Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Rangpur-Dinajpur Rural Society (RDRS), Popy, Soopath, Relation, Podokhep, Zeebika, Unnaon, TMSS, PLAN, Grameen Shakti

Chittagong Association for Social Advancement (ASA) Grameen Bank (GB), Bangladesh Rural Advancement Committee (BRAC), Bangladesh Rural Development Board (BRDB), Department of Social Sevices, Jagoroni Foundation, Nowjoan, Seba Trust Ghas Full, Uddipon, Chayalok Jonokallyan Trust

According to the field survey done through the field workers of CCDB, around three-fifths (60%) of the poor PAHs are associated with at least one of the NGOs working for poverty

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alleviation. This will be raised to four-fifths (80%) through motivating them by the INGO for joining the NGOs working in the respective areas.

In replying to the amount of 1st loan needed for initiating any new IGA or supporting the present IGA, the NGO field officers mentioned in between Tk. 5 to 10 thousand. The popular IGAs are: sewing, poultry rearing, goat rearing, embroiding of quilt, small shop, small trades of various types, milch cow rearing, vegetables growing, fish farming, etc.

5.6.3 Gender Considerations in RAP

The RAP and especially the Entitlement Matrix (EM) have given some special emphasis on women heads of households, and poor/vulnerable women in the following ways :

• Female headed vulnerable households will get a special grant of Tk. 10,000 • They will be motivated to receive one month training on the IGA liked by them where, the training and other subsistence costs will be borne by the project (Section- 6.10). • Females, who are willing to , will be linked with the NGOs working in the areas for undertaking credit supported IGAs. • List of poor women labourers will be provided by the INGO to the project authority. The road construction contactors will be asked to give priority to employ them in works suitable for them. • Poor women will be motivated by the INGO to form roadside tree plantation group, and the RHD will employ them in tree plantation and nursing • In disbursement of compensation through the INGO, special measures will be taken by the INGO so that their cases are resolved on priority basis. • The road side contactors will be asked to provide some separate/extra/better facilities like, toilet, washing facilities and resting place near the work place to the female workers. • For emergency health care, Upazila Health Centers of the respective area will be requested by the RHD and INGO for extending better co-operation.

27 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-6

POTENTIALLY AFFECTED PROPERTIES & RESETTLEMENT COST

6. 1 Introduction

Data generated through field visits and socio-economic survey of affected properties and households constitute the major inputs for this part of the report. It should be mentioned at the outset that all the potentially affected properties are situated within the right of way (RoW) of the project corridor. Hence, all the properties located within the RoW are considered as potentially affected properties and more so it is presumed that proposed RoW will be kept free from encroachments. These properties are of two types-some under individual ownership and some are owned by communities.

The project affected persons will be compensated in one form or other for the damage being caused on implementation of the project. All forms of compensation payments and alike along with relocation costs of common/ community properties will constitute resettlement cost of the project. Besides, administrative cost for implementation of Resettlement Action Plan is also a part of resettlement cost. Here in this part of the report we will present details of affected properties by types one after another and at the same time we will present an estimate of compensation to be paid to the affected persons/ households. However, a short note on each type of affected properties is given below.

6.2 Affected Major Locations

The survey revealed that a good number of built up areas (primarily commercial area) will be affected due to implementation of the project. A list of affected locations (road wise) is given in Table - 6.2. Table - 6.2 Affected Major Locations Over Different Segments of the Project Corridor Name of Road Segment Potentially Affected Major Locations

Bhaluka- Gafargaon – Kishoreganj Bhaluka Bazar, Rangchapra Bazar, Goari Nandibari Bazar, Bhaulia Bajubazar, Tundapara, Shantiganj Bazar, Dhopaghat, Bharil, Charpumdi Bazar.

Nandail - Kishoreganj Musulli, Chakmati Bazar, Kishoreganj Panchagarh -Banglabandha Panchagarh, Barister More, Salbahan Bazar, Kalindiganj

Parbatipur - Fulbari Haldibari Railgate, Chandapara, Bhabanipur Bazar, Habra Bazar, Barapukuria

Fulbari-Madhyapara Fulbari Rly. Level crossing, Hazi Bazar, Madhyapara Bhaduri Bazar.

Boda-Debiganj-Domar-Nilphamari Jamdapara, Chandanbari, Sakoa Bazar, Banarhat, Debiganj, Chikonmati, Sonarai, Dharaniganj Bazar, Nilahati Bazar, Palasbari Bazar, Rathkhana, Gachbari Bazar, Nilphamari Bazar

Chittagong – Dohazari Monsher Tek, Amjarhat, Allaikhara, Indrapol, Chakrasala, Muzaffarbad, Roshanhat- Kanchannagore, Badamtoli, Uttar Zoara, Gachbaria, Hasimpur Bagicharhat, Dewanhat, Dohazari market.

6.3 Estimated Area of Land to be Acquisitioned Land

Five of the six roads (except Boda-Debiganj-Domar-Nilphamari) under RNIMP-II, can be widened with limited quantum of new acquisition land but for the Boda-Debiganj-Domar- Nilphamari segment the land acquisition will be needed to a large extent. However, in most of the cases of realignments and for the proposed 7 Bypasses, land acquisition is a

28 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

logical necessity. The properties situated over acquired land would be included in the list of affected properties. Table 6.3 shows an estimate of new lands to be acquired in respect of six segments and districts separately.

In total an area of about 752 acres (96% is agriculture land) of land is expected to be acquisitioned under RNIMP-II, and for this purpose the total cost or amount of compensation is estimated at around Tk.441 million. The salient features of the acquired lands are:

• no land will be acquired for Nandail-Kishoreganj road; • except for the Boda – Debiganj – Domar – Nilphamari road, the affected common properties of other five roads are located on RHD land;

• commercial land will be acquired only for Boda – Debiganj – Domar – Nilphamari road. All of these lands are raised agricultural land and there are enough agricultural land just behind the business enterprises;

• most of the land to be acquired for the bi-passes are agricultural land i.e these are located in contiguous form and linear nature;

• in all the agricultural lands paddy is grown twice a year i,e the cropping intensity of these lands is 200% on an average;

• with minor variations along the project area most of the tenant farmers take lease of the land for one season with 50% share of the crop;

• agricultural lands are mostly characterised by low lying; • no vegetable growing land in the real sense will be affected (it is included EM as precaution);

• none of the share croppers will lose his entire area of share cropping because of linear nature of land acquisition;

• no pond was found to be affected (it is included EM as precaution) • after land acquisition, none will be left out with insignificant area of land; • nobody will become destitute or totally landless as the result of land acquisition; • loss of land will be adequately compensated for; • none will be displaced before the payment of full compensation; land loser will be given stamp duty and registration cost to buy replacement land; and

• because of strip acquisition it is envisaged that none of the agriculture labourers will lose livelihood as they also work on others land simultaneously

For assessing the value of land per decimal/acre, the opinions/statements of the PRAs participants received priority (lists of PRAs participants are in Chapter-7). In all the meetings the participants were asked about the per unit existing market price of land of similar in nature in the surrounding areas. The values mentioned by them were further verified with some local elites like, religious leaders, school teachers, union parishad members, business men, etc. The per unit market price mentioned in Table-6.3 provides the average of the values mentioned by them in different locatins for each road corridor.

The per unit values were again verified by the field workers of INGO (CCDB) appointed by RHD in July 2007 and no significant variations were noticed. The per unit values will

29 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

finally be determined by the PAVT of the respective areas and the compensations (MARV) will be given accordingly.

Normally the registered prices are 70% to 60% below than MARV. It is due to avoiding to pay appropriate stamp duty and relevent taxes. In total, compensation for land to be acquired accounts to be Tk 441.29 million covering homestead, commercial, common propertie and agricultur lands. Table - 6.3 Tentative Estimate of Private Lands (Acre) to be Acquisitioned for Different Segments and Districts of the Project Roads under RNIMP-II and Tentative Estimate of Cash Compensation (Million Tk.)

Name of Roads Grand Domar – Fulbari – Dohazari

Nandail – Total Bhaluka – Nilphamari Gaffagaon – Kishoreganj Kishoreganj Parbatipur – Madhyapara Chittagong – Panchagarh – Banglabandha Boda – Debiganj – Name of M’singh K’ganj Total M’singh K’ganj Total P’garh Dinajpur P’garh N’mari Total Chittagong Districts Homestead 1.78 1.42 3.20 - - - - 0.17 2.89 4.71 6.60 1.67 11.64 Land

4.00 3.75 - - - - - 3.81 3.67 3.94 - 6.34 - Price/Acre Total Value 7.12 5.33 12.45 - - - - 0.65 10.61 18.56 29.17 10.59 52.86 Commercial ------4.45 6.38 10.83 - 10.83 Land Price/Acre ------3.82 4.01 - - - Total Value ------17.00 25.58 42.58 - 42.58 Common Property ------1.95 2.05 4.00 - 4.00 Land - Price/ Acre ------3.87 3.94 - -

15.59 total Value ------7.55 8.04 15.59 -

Agriculture 729.72 156.58 22.91 179.49 - - - 38.80 178.13 99.02 127.95 226.97 106.07 Land Price/Acre 0.38 0.39 - - - - 0.31 0.32 0.57 0.55 - 0.66 -

Total Value 59.55 8.99 68.54 - - - 12.09 55.17 65.44 70.37 126.88 70.65 338.54

756.19 Total Land 158.36 24.33 182.69 - - - 38.80 178.30 108.31 136.08 244.09 107.74

Total 63.67 14.32 77.99 - - - 12.09 55.82 91.60 122.55 214.15 81.24 441.29 Compensation Note : The per unit value of land is the estimated maximum allowable replacement value (MARV). All the compensations will be completely exempted from all kinds of taxes.

The agriculture lands to be acquired are located in vast fields of crop lands and many owners live away from these lands. As a result the owners could not be met as they live away from the proposed RoW. Consultation has been done with the people who are cultivating the land and living in the locality s well as local public representative. Many of them are landowner also. Discussing with the people present in the field the total number of agriculture landowners has been estimated at 2,915 with the breakup like: Mymensingh=631, Kishoreganj=92, Panchagarh=551, Dinajpur=715, Nilphamari=512 and Chittagong=424. It is to be mentioned here that all types of compensation / entitlements have been incorporated in the EM for all the land losers. Especial attention has been given to those PAHs who will become landless and will be categorized as vulnerable.

In case of severance of agriculture land an additional grant of 10% of the amount paid for land acquisition will be given. Based on the experience in other road projects in Bangladesh and census data, very insignificant number or none of the land loser might face this situation. However, this number will be finalized after receiving the list of the land loser from the DC office and compensation will be made avilable to them if necessary.

30 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

6.4 Project Affected Households and Population

Data generated by CCDB through commissioning of complete enumeration (census) of all the PAHs available within the proposed RoWs during August-September 2007 revealed that 3,964 households will be affected and need to be relocated on implementation of this road improvement project (RNIMP-II) which will affect a population of size 20,138 scattered over 6 segments of the project corridor. Road and district-wise number of households and population to be affected are given in Table 6.4.

Table - 6.4 Number of Project Affected Households and Population by Different Segments and District of Project Corridor

Name of Roads Total Domar - Fulbari - Dohazari Nandail - Bhaluka - Nilphamari Parbatipur - Gaffagaon – Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Boda - Debiganj - Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Districts Total PAHs on 672 180 852 63 67 130 218 148 - - - 506 1,854 RHD Land Total PAHs on 155 87 242 - - - 163 257 467 698 1,165 283 2,110 Private Land Total Project Affected 827 267 1,094 63 67 130 381 405 467 698 1,165 789 3,964 Households Size of Affected 3,970 1,441 5,411 295 294 589 1,655 1,743 1,993 3,583 5,576 5,164 20,138 Population

Total population in these 3,964 households has been enumerated at 20,138 with an average households size of 5.08. A comprehensive list of potentially affected households and properties including common properties along with some basic information, like, owners name, sex, education, principal occupation, family members, annual income, type of affected property, affected area, affected business, number of affected employees etc, is given in Appendix- 6.1.

Of the total 3,964 PAHs, 1,854 (47%) are on RHD land and the rest 2,110 (53%) are on Private land. Those who are on RHD land, all of them are shop keepers. Most of them have been there for a long time. To compensate for their income loss, the shop keepers will get compensation of an amount equivalent to three months net profit, not exceeding Tk. 24,000 in total - while the employees will get three months salary @ Tk. 3,000 per month (this is their average salary and almost all of them are in the category of labourer). In addition, they will get all other compensations applicable to them except the value of land (details are in Tables- 6.9.2 & 8.3). It is expected that with the improved road network and compensation/assistance provided by the project, these affected people will be able to overcome the impoverishment created by the project; non the less improve their condition by reestablishing their livelihood within 3 months period.

6.5 Broad Groups of Affected Properties

The affected 3,964 households (owners of affected properties) shall incur loss of one or more of the following types: homestead, land, business unit on RHD land, structure on own and RHD land, etc. Table-6.5 shows the distribution of PAHs under 5 broad groups.

31 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.5

Road and District wise Distribution of PAHs in Relation to Major Types of Affected Properties

Name of Roads Total Domar - Fulbari - Dohazari Nandail - Bhaluka - Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Boda - Debiganj - Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong District Only 32 20 52 2 2 4 - 2 50 89 139 25 222 Homestead Only Shops 672 180 852 6 7 13 218 148 163 220 383 506 2,145 of all types Structure 43 24 67 13 20 33 57 90 241 366 607 98 952 and Shops Only 65 37 102 32 33 65 90 151 9 10 19 121 548 Structures Others 10 8 18 7 6 13 10 9 9 8 17 30 97 Total 827 267 1,094 63 67 130 381 405 467 698 1,165 789 3,964 Note : Others mean individually owned deserted structure, gate, boundary wall, tube-well, latrine, other minor properties, etc.

Information contained in the table shows that business units and associated structures constitute about 87 percents of total affected properties and only about 6 per cent are homestead. Most of these homesteads are located along Boda - Debiganj - Domar - Nilphamari Road (139 out of 222). As there are so many road side markets, around 70 percent of the PAHs will be partially affected in running their business at the present sites.

In addition, 229 common/ community properties will be affected as these are situated within the RoW of the project corridor. These include religious property, educational institution, graveyard, clubs/ library etc. Details of affected common properties are given in Section-6.12.

6.6 Affected Structures

6.6.1 Number of Affected Structure

Total number of affected structures has been enumerated at 2,392, which is much lower than the total number of PAHs (3,964). Because in many cases there are more than one shops owned by more than one person under one structure. In situations like this, the number of structure has been counted as one but the number of PAHs is more than one because of accommodating more than one shops under one structure. Road and districtwise number of structure by type are furnished in Table-6.6.1. However, the amount of compensation does not depend upon the number of structures; instead, it depends upon the quality and area of the affected structures given in Section 6.6.2. Table - 6.6.1 Distribution of Number of Affected Structures (Homestead and Business Enterprise) by Types

Name of Roads Total Domar - Fulbari - Dohazari Nandail – Bhaluka - Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Boda - Debiganj - Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Districts 1. Thached 10 7 17 8 6 14 26 24 39 76 115 32 228 2. Katcha 135 62 197 29 47 76 80 209 66 154 220 122 902 3. Semi- 113 54 167 43 29 72 136 231 131 190 321 199 1,079 Pacca 4. Pacca 6 5 11 0 0 0 0 12 16 10 26 74 181 Total 264 128 392 74 76 150 249 476 252 430 682 427 2,392

32 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

6.6.2 Area of Affected Structure

In addition to numbers of affected structures, the affected area by nature of construction is the most important one for estimating the amount of compensation to be paid to the affected persons. Keeping these in mind, the affected structures are classified under 4 groups, namely, Thatched, Kacha, Semi-Pacca and Pacca. The type of structure in each group consists of the following components:

Thatches : Earthen x Khor x Khor, Earthen x Tin x Khor and Earthen x Mud x Khor Kacha : Earthen x Tin x Tin, Earthen x Mud x Tin and Earthen x Mud x Tile Semi-Pacca : Pacca x Tin x Tin, Pacca x Pucca x Tin, Pacca x Pacca x Tile, Earthen x Pacca x Tile Pacca : Completely brick-cement built

The recommended amounts of compensation money per square foot are proposed on the basis of prevalent market rates collected through PRAs, FGDs, and discussion with local persons experienced in recent construction. These rates were also verified in the PRA meeting and the estimates were found almost like the PWD construction rates. Again the district wise variations in rates were also found very minimum (insignificant) which may be rooted to the fact that the price variations of construction materials among districts are also very minimum.

Following the aforesaid definition of the type of structure, the potentially affected structures and amount to be paid as compensation under this project have been classified under the said four categories as shown in Table 6.6.2

Table - 6.6.2 Distribution of Area of Affected Structures (Homestead and Business Enterprise) by Types in Sq. Ft. and Amount of Compensation in Million Taka.

Comp/ Name of Total Sqft Roads (Tk.) Fulbari - Domar – Dohazari Nandail – Bhaluka - Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Boda - Debiganj - Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Districts

1.Thached 6,184 2,908 9,092 1,219 1,036 2,255 9,270 2,646 17,668 11,242 28,910 11,115 63,288 125

2. Kacha 53,609 3,903 57,512 752 1,470 2,222 14,016 36,494 49,296 49,830 99,126 130,601 339,971 250

3. Semi-Pacca 184,194 76,232 260,426 4,824 7,932 12,756 11,016 86,594 144,519 301,567 446,085 182,647 999,132 350 4. Pacca 2,754 7,062 9,816 0 0 0 0 9,900 8,952 78,580 87,532 79,712 186,960 700 Total 2,46,741 90,105 336,846 6,695 10,146 16,841 34,302 135,634 220,435 441,219 661,654 404,075 1,589,351 - Total 80.57 33.32 113.89 2.18 2.90 5.08 8.82 46.70 71.38 180.68 252.06 157.77 584.32 - Compensation Note : The owners will be allowed to take away all the salvageable materials free of costs in addition to compensation, STG and SRG. All the compensations will be completely exempted from all kinds of taxes. One sqft. of structure = 10 sqft. of wall of the respective type for pricing.

Considering these rates of compensation, the total amount of compensation has been estimated at about Tk. 584 million.

6.7 Affected Household Facilities

Household facilities or facilities within the affected land / structure included in the study are given in Table-6.7. Each of these facilities involves some amount of cost which demands cash compensation for their replacement. The per unit cost of their replacement are mostly taken from the participants of PRAs and discussions with the local elites like, school teachers, religious leaders, business men, union parishad members, etc. all the prices represent the average picture of each type.

33 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.7 Road and District-wise Numbers of Affected Facilities in the Project Affected Households And Estimated Amount of Compensation in Million Taka

Name of Rate per Roads Unit Domar - Fulbari – Dohazari Nandail – Bhaluka - Total

Nilphamari (Taka) Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Boda - Debiganj - Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Districts Hand T Well 46 26 72 1 - 1 26 18 48 23 71 23 211 5,000 Well 3 - 3 - - - 1 - 2 2 4 6 14 10,000 Pond Ghat ------4 4 20,000 Katcha Latrine 16 3 19 - - - - - 2 1 3 0 22 1,000 Slab Latrine 52 25 77 7 6 13 29 10 42 8 50 31 210 4,000 Sanitary Latrine 12 12 24 - - - - - 10 3 13 19 56 10,000 Electricity 252 81 333 19 20 39 156 153 172 213 385 321 1,447 2,000 Amount of _ 1.42 0.63 2.05 0.09 0.07 0.16 0.67 0.46 0.98 0.85 1.83 1.32 6.49 Compensation Note :The owners will be allowed to take away all the salvageable material free of cost in addition to compensation. All the compensations will be completely exempted from all kinds of taxes.

Total replacement value of the affected facilities has been estimated at around Tk. 6.50 million. The recommended amounts of compensation money per square foot are proposed on the basis of prevalent market rates collected through PRAs, FGDs, and discussion with local persons experienced in recent construction. The district wise variations in rates were found very minimum (insignificant) which may be rooted to the fact that the price variations of construction materials among districts are also very minimum.

6.8 Affected Trees in Acquisitioned Land

Of the total 3,964 project affected households, a good number will lose trees along with land (around 752 acres of land will be acquisitioned). The trees are of different types and sizes. The affected trees have been categorized under 5 groups in consideration to sizes and productivity like:

G1 : Jackfruit, Mango, Black Berry, Lichi, Gub, Tamarind etc: fruit bearing big trees with high timber value;

G2 : Coconut, Guava, Plum, Palm, Hog Plum, Date, Kamranga, Amloki, Olive, Jamrul, Wood Apple, Horitoki, Betel Nut etc: fruit bearing small trees without timber value (only fire wood) ; G3 : Nim, Kodom, Krishnachura, Shimul, Raintre, Mehogony, Segun, Garjan, Banion, Peepul, Shishu, Shal, Eucalyptus etc: big trees with only timber value ;

G4 : Lemon, Papaya, Pomegranate etc : fruit bearing small trees with more than one time fruit bearing ; and

G5 : Banana, Bamboo and other minor trees: minor trees of all types including one time fruit bearing.

Table-6.8 furnishes the numbers of affected trees under the above mentioned 5 categories with price rate to be compensated for.

The survey found that project affected households will lose about 62,160 trees. Apart from cash compensation, the owners of trees will be allowed to take away the trees within a specified period. Loss of these trees will obviously cause economic losses to the households and also will lead to environmental degradation for the locality. Proper compensation of the economic loss will encourage and facilitate the affected households to plant more new trees in their new places of relocations.

34 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.8 Road and District-wise Number of Affected Trees in Acquisitioned Land Owned by the Project Affected Households

Name of Roads

Boda - Price/plant Fulbari - Domar – Dohazari Nandail -

Bhaluka - Total Debiganj - Nilphamari Parbatipur - Gaffagaon – Kishoreganj Kishoreganj Madhyapara Chittagong - (Tk.) Panchagarh - Banglabandha Name of M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Districts Sapling 1125 322 1447 - - - 35 60 633 65 698 322 2562 100 Small 1577 441 2018 - - - 172 127 289 143 432 389 3138 2000 G1 Medium 462 223 685 - - - 122 119 216 182 398 157 1481 7000 Large 524 119 643 - - - 45 142 99 147 246 101 1177 12000 Sapling 1669 375 2044 - - - 136 34 164 91 255 369 2838 100 Small 1577 544 2121 - - - 156 25 150 207 357 510 3169 2000 G2 Medium 700 329 1029 - - - 86 27 157 47 204 342 1688 7000 Large 1033 438 1471 - - - 119 64 335 127 462 650 2766 12000 Sapling 2058 467 2525 - - - 171 162 299 219 518 354 3730 100 Small 1536 710 2246 - - - 340 104 519 452 971 629 4290 2000 G3 Medium 437 186 623 - - - 200 51 209 410 619 228 1721 7000 Large 248 76 324 - - - 77 10 64 124 188 143 742 12000 Sapling 185 17 202 - - - 31 23 19 2 21 11 288

Small 218 73 291 - - - 43 17 54 5 59 20 430 Average Tk. G4 Medium 92 42 134 - - - 33 34 42 16 58 11 270 1000 for all Large 67 31 98 - - - 9 19 55 28 83 6 215 Sapling 1106 360 1466 - - - 814 125 436 250 686 27 3118

Small 2876 670 3546 - - - 957 165 814 20 834 270 5772 Average Tk. G5 Medium 2350 822 3172 - - - 2009 310 1524 100 1624 84 7199 200 for all Large 3137 1350 4487 - - - 5058 899 4059 989 5048 74 15566 TOTAL 22977 7595 30572 - - - 10613 2517 10137 3624 13761 4697 62160 - Compensati on (million 46.28 17.25 63.53 - - - 8.82 5.00 13.80 11.30 25.10 21.09 123.54 - Tk.) Note :The owners will be allowed to take away all the salvageable materials free of cost in addition to compensation. All the compensations will be completely exempted from all kinds of taxes. Fruits compensation will be estimated by the PAVT.In case of perennial trees, compensation value will determined by PAVT depending on the nature of the perennial crops.

Like the other price rates, for trees also the rates were collected from the PRA participants and local elites, especially from the local wood merchants. Districtwise variations were found to be very low (not countable) which has provoked to use the same rates for all the districts. Considering the price, the total amount of compensation money have been worked out for each road segment separately and the same are presented in Table-6.8. Table - 6.8 indicates that the totals estimated amount to be needed for paying the compensation of affected trees is around 124 million.

6.9 Roadwise Affected Business Enterprises, Employees and Income

Total number of business enterprises expected to be affected by the RNIMP-II projected is 3,140. Of the 6 roads under RNIMP-II, the highest number of affected business enterprises was found to be located along Boda-Debiganj-Domar-Nilphamari Road (1,453) followed by Bhaluka-Gaffagaon-Kishoreganj Road (612). Table - 6.9.1 shows distribution of affected business enterprises among different road segments.

35 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.9.1 Road and District-wise Numbers of Project Affected Business Enterprise by Types

Name of Roads Boda - Domar - Fulbari -

Dohazari Total Nandail – Bhaluka - Debiganj - Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha Name of Districts M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Grocery 128 60 188 10 6 16 36 51 86 119 205 69 565 Restaurant 28 15 43 - 1 1 5 29 50 79 129 35 242 Tea Stall 29 11 40 6 4 10 32 15 41 27 68 33 198 Pharmacy 33 11 44 - 2 2 1 21 25 56 81 51 200 Stationery 42 16 58 2 6 8 - 23 21 81 102 58 249 Pan, Cigarette 9 4 13 1 3 4 22 47 34 57 91 32 209 Cloth 12 7 19 - - - 1 - 20 91 111 6 137 Saloon 21 5 26 1 1 2 - 12 16 36 52 34 126 Welding 12 1 13 - 2 2 1 6 7 54 61 23 106 Ric/Vac/ - - - 8 4 12 4 16 33 37 70 6 108 Repairing Tailoring 15 2 17 - - - - 9 27 31 58 13 97 Furniture 18 3 21 - - - 4 7 23 19 42 20 94 Spare parts 13 4 17 - 4 4 - 8 6 47 53 9 91 Very Small Mill 12 3 15 - 1 1 - 3 19 16 35 15 79 Fertilizer 6 1 7 - - - - 11 14 37 51 9 78 Garage 5 7 12 - - - - 5 5 5 10 22 49 Phone & Fax 5 2 7 - - - - 2 3 17 20 19 48 Electrical Goods 3 1 4 - - - - 7 10 16 26 6 43 Jewelerry 1 1 2 - - - - 1 5 26 31 8 42 Poultry 5 8 13 - - - - 1 1 5 6 19 39 Sweet 3 2 5 - 1 1 - 4 3 15 18 11 39 Electronics 1 - 1 - - - - 6 5 19 24 6 37 Confectionery ------11 3 14 17 8 36 Decorator 3 2 5 - - - - 1 4 10 14 16 36 Fruit - 1 1 - - - - 2 1 1 2 19 24 Fuel 3 1 4 - - - 1 3 - 1 1 12 21 Poultry Feed 11 1 12 - - - - 1 - 5 5 3 21 Laundry 2 - 2 - - - - 3 2 4 6 8 19 Bookstore 1 - 1 - - - - 1 5 8 13 3 18 Studio 1 1 2 - - - - 1 7 5 12 2 17 Rod, Cement ------1 3 6 9 7 17 Salt Business ------1 1 15 16 Decorator 5 - 5 - - - - - 1 3 4 3 12 Total 436 176 612 20 31 51 108 311 485 968 1453 605 3,140

Of the total 3,140 affected business enterprises, the highest number was for grocery (19%) followed by Restaurant-cum Tea-Stall (14%). The owners of these business enterprises are supposed to get compensation for compensating their business losses. According to extant system of Bangladesh the amount of compensation for the business owners is equivalent to 3 months net profit but not exceeding Tk.24,000 in total. And for the employees it is equivalent to 3 months salary at rate of Tk.3,000 per month (this is the average per person per month income of the labour class people in the project areas which is true also for Bangladesh). The estimated amount of compensation to be paid for affected business enterprises are shown in Table-6.9.2 for each road segment and district separately.

36 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.9.2 Number of Employees and Net Annual Income (Million Taka) of the Affected Business Enterprises and Tentative Estimate of Compensation (Million Taka)

Name of Roads Boda - Domar - Fulbari - Dohazari Nandail - Bhaluka -

Debiganj - Total Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh - Banglabandha M'sin Name of Districts M'singh K'ganj Total K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong gh Total Number of Business 436 176 612 20 31 51 108 311 485 968 1453 605 3140 Enterprises Approximate Total Annual 34.34 18.32 52.66 1.03 2.44 3.47 6.33 28.72 42.24 140.72 182.96 91.87 366.00 Income Total 3 Months 8.58 4.58 13.16 0.26 0.61 0.87 1.58 7.18 10.56 35.18 45.74 22.97 91.50 Income Total Number of 82 70 152 1 21 22 8 185 281 1088 1369 778 2514 Employees Total 3 Months 0.74 0.63 1.37 0.01 0.19 0.20 0.07 1.67 2.53 9.79 12.32 7.00 22.63 Salary Total 9.32 5.21 14.53 0.27 0.8 1.07 1.65 8.85 13.09 44.97 58.06 29.97 114.13 Compensation Note : All the compensations will be completely exempted from all kinds of taxes.

The total amount of compensation for business loss of 3,140 business enterprises has been estimated at Tk. 91.50 million, and for income loss of the employees this amount is Tk.23 million making a grand total of Tk. 114 million.

6.10 Vulnerable Affected Households

The ADB Policy on Involuntary Resettlement (1995) and ADB Handbook on Resettlement : A Guide to Good Practice (1998) for payment of cash compensation to the project affected households have placed some especial emphasis to the vulnerable groups. Here in this project for selecting the Vulnerable Households, Income has been considered as the key indicator because, principally this indicator purchases the basic needs of life.

According to the Socio-Economic Impact Assessment and Poverty Reduction Impact Study of RNIMP-II (Section-6.6.1), Tk. 40,000 income per year has been determined as the upper income limit of the Vulnerable (poor) Households. Considering the amounts of 1st credit support given by the NGOs for initiating any IGA in the project areas (Section- 5.6.2) it is recommended that a special grant of Tk. 7,000 should be given to each of the vulnerable households headed by male member and Tk. 10,000 for each vulnerable household headed by female member. Tk. 10,000 will also be given to each of those male headed vulnerable households having disable/handicapped/elderly person in the household. On the basis of the said recommendation, the requirement of fund for special grant has been worked out to be Tk. 6.18 million for 850 vulnerable households. This amount will be Tk. 12.98 million when the amount allocated for skill training will be added. This whole amount. (Tk. 12.98 million) will be disbursed by RHD through the INGO.

As per Table-5.5.3 the total number of vulnerable households is 850 (21.5% of total PAHs) and the distribution of vulnerable households and fund requirement as Special Grant are shown in Table. 6.10.

37 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.10

Road and District-wise Distribution of Vulnerable Households and Estimated Amount of Compensation (Million Taka)

Name of Roads Boda - Fulbari - Domar –

Dohazari Total Nandail – Bhaluka - Debiganj - Nilphamari Parbatipur - Kishoreganj Kishoreganj Gaffagaon – Madhyapara Chittagong - Panchagarh - Banglabandha Name of Districts M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong No. of Male 207 40 247 25 21 46 87 109 112 78 190 95 774 vulnerable Headed household Female 22 5 27 - 4 4 9 13 9 2 11 12 76 Headed Total 229 45 274 25 25 50 96 122 121 80 201 107 850 Amount of Compensation (Tk. 1.67 0.33 2.00 0.18 0.19 0.36 0.70 0.80 0.87 0.57 1.44 0.79 6.18 Million) : Grant Skilled Training (Million) 1.83 0.38 2.19 0.20 0.20 0.40 0.77 0.98 0.97 0.64 1.61 0.86 6.80 Total Amount (Million) 3.50 0.69 4.19 0.38 0.39 0.76 1.47 1.78 1.84 1.21 3.05 1.84 12.98 Note : All the compensations will be completely exempted from all kinds of taxes.

It has been assumed that one person from all the vulnerable PAHs will place demand for some kind of skill training, duration of which will be one month on an average which will vary in consideration with the nature/type IGAs. To illustrate the duration of training courses, some examples are given below :

• for poultry rearing it will need around 4 weeks: 2 weeks for learning the rearing and accounts keeping + one weeks for Medicare + one week as refresher’s course

• for vegetables cultivation it will take about 2 weeks: initial training will be of one week on various aspects of vegetable cultivation + 0.5 week for Medicare + 0.5 week as refresher’s course

• for livestock rearing it will take around 3 weeks: 1.5 weeks on management of livestock + one week on Medicare + 0.5 week as refresher’s course

• for rickshaw/cycle repairing the training course will be one month

• for small trading the training course will be of one week and 0.5 week as refresher’s course.

The duration of the training courses were collected from the NGOs, Department of Youth Development etc, experienced in implementation of the type of courses mentioned above. Considering all these variations the average duration of the training courses has been estimated at one month. Another important point is that the courses will be organized at the field level offices of INGO, within 15 km. form the place of residence of PAHs.

For the purpose of providing training the INGO for will get Tk. 3,000 as fee for facilitating the training courses and all other support – services irrespective of duration of the training courses. Tk. 250 per training day will be given to each trainee to compensate for the daily income loss, supporting the family needs and cost of attending training courses. One person will be allowed to enjoy this benefit from one household and will be nominated by the head of the household. The probable areas of training are : Poultry rearing, Cow rearing, Paddy processing, Cycle-Rickshaw repairing, small trading, etc. The areas of training will be selected in consultation with the incumbents. For working capital, they will be encouraged to use the amount received for their vulnerability (seven

38 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

& ten thousand for male and female headed household respectively). The INGO will integrate them with the NGOs working in the respective areas for Poverty Alleviation through supervised credit support. The training courses will be organized and implemented by the INGO and for the purpose they will get Tk. 3,000 per trainee as fee and meeting other training related costs.

Opportunity to participate in the training courses will be given to the vulnerable land losers, employment losers of business enterprises and tenant farmers or agriculture labourers.

6.11 Affected Households with Rented out Structures

Out of 3,964 affected households, 485 reported to have rented out a part of his / her house or business premises to others and these are going to be affected by the project. Owners of these structures are going to lose their income from these rent. Number of such PAHs and the monthly rents are shown in Table 6.11.

Table - 6.11 Road and District wise Number of Rented out Structures and Monthly Rent (Million Tk.)

Name of Roads Boda - Domar - Fulbari -

Dohazari Total Nandail – Bhaluka - Debiganj - Nilphamari Gaffagaon - Parbatipur - Kishoreganj Kishoreganj Madhyapara Chittagong - Panchagarh – Banglabandha Name of Districts M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Who Have Rented out 49 26 75 5 8 13 62 46 36 105 141 148 485 Total Amount of Rent 0.07 0.04 0.11 0.02 0.02 0.04 0.11 0.06 0.12 0.34 0.46 0.50 1.28 Per month Total Amount of Rent 0.21 0.12 0.33 0.06 0.07 0.13 0.34 0.18 0.34 1.02 1.36 1.50 3.84 for Three months Note : All the compensations will be completely exempted from all kinds of taxes.

Monthly rent of these affected rented out structures, as reported by the respondents, is estimated around Tk. 1.28 million. If three months rent is given to them as compensation for loss of rental income the total amount of compensation would be around Tk. 3.84 million. In addition to the structure owners, the tenants (lease holders) will get Tk. 1,000 each for shifting the inside goods and materials from the rented in structures (Table- 6.14).

6.12 Affected Common / Community Properties

It is revealed from field survey that 229 common properties will be affected on implementation of the project. These include religious places, educational institutions, graveyards, clubs, library etc. Distribution of these properties by types for each segments of the project corridor is shown in Table-6.12.1. A comprehensive list of affected common properties by types showing geographical location along the project corridor is presented in Appendix- 6.2.

The prevalent resettlement practice for the project affected common/community properties is to relocate it at the place selected by the beneficiaries/user community to enhance the carrying capacity of the comments. The community property management committee will receive the compensation money and construct the replacement in their own way and requirement. The managing committees must fulfill all the legal requirements for receiving the fund on behalf of the community.

39 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.12.1 Distribution of Common/Community Properties by Types Among Six Road Segments and Districts

Name of Roads Boda - Fulbari - Domar –

Taking all types together, the number of potentially affected common properties is 229. They may be grouped under two categories- (i) those which are situated within existing RoW and (ii) those which are within the newly proposed RoW. Out of 229 common/community properties, 141 are located within the existing RoW and the rest 88 are within the newly proposed RoW for Boda-Debiganj-Domar-Nilphamari road. With the linear acquisition and widening of existing road almost all the community properties will be partially affected. In most of the cases either they will be reduced in area with modified infrastructure or will be extended on the back side of the acquired area for the RoW . The second category consists of 88 affected common/community properties which are located within the newly proposed RoW (Boda-Debiganj-Domar-Nilphamari), the RHD will have to purchase land even if the relocation can be done within the present campus of these 88 common/community properties (value of land is given in Table-6.3). Table-6.12.2 shows the area of the affected structures by types for each road segments and districts separately.

Table-6.12.1 shows that 40 schools and madrasas will be affected. In the PRAs of February’ 08, the participants said that after widening and improvement of the roads the traffic will be highly increased which may cause accident to the students especially the belonging to younger groups. For creating a barrier between the roads and educational institutions, 4 to 5 ft. high wall may be constructed in between for preventing the students from free access to the roads. As said by them, this should be a part of the project, RNIMP-II.

40 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 6.12.2 Estimated Affected Area of Common/ Community Properties by Nature of Structure for Each Road Segment and District Separately (Sq. Ft.)

Name of Roads Comp/ Boda -

Domar - sqft Fulbari - Total Dohazari Nandail – Bhaluka - Debiganj - Nilphamari Parbatipur - Kishoreganj Gaffagaon – Kishoreganj Madhyapara Chittagong - (Tk.) Panchagarh - Banglabandha Name of Districts M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Thached ------546 80 1540 1500 3040 - 3666 125 Kacha 970 - 970 - - - 1320 0 3111 4227 7338 1592 11220 250 Semi Pacca 8882 5414 14296 300 1182 1482 4911 7789 15695 28594 44289 10761 83528 350 Pacca 8118 1387 9505 1083 324 1407 300 14064 8006 43543 51549 10998 87823 700 Total 17970 6801 24771 1383 1506 2889 7077 21993 28352 77864 106216 23351 186237 - Compensation 8.41 2.87 11.28 0.87 0.64 1.51 2.34 12.67 12.07 41.73 53.80 11.87 93.47 - (million Tk.)

Note : Proposed rates of compensation were collected through PRAs, FGDs and local persons experienced in recent construction. The owners will be allowed to take away all the salvageable materials free of cost. All the compensations will be completely exempted from all kinds of taxes.

Thatches : Earthen x Khor x Khor, Earthen x Tin x Khor and Earthen x Mud x Khor Kacha : Earthen x Tin x Tin, Earthen x Mud x Tin and Earthen x Mud x Tile Semi-Pacca : Pacca x Tin x Tin, Pacca x Pacca x Tin, Pacca x Pacca x Tile, Earthen x Pacca x Tile Pacca : Completely brick-cement built

Total floor area of the affected 229 common/community properties is 186,237 sq.ft. of which the shares of pucca and semi pucca are 47 and 45 percent respectively. It has been mentioned earlier that except the affected common properties of Boda-Debiganj-Domar- Nilphamari road, all most all others are situated within the existing RoW. So the land requirements through land purchase for the replacement of common properties and attached facilities will be very minimum, not more than 4 acres. The costs to be incurred for land development of the affected common properties have been furnished in Section 6.13: The land values of common properties of Boda – Debiganj – Domar – Nilphamari road is given in Table-6.3.

Apart from the above mentioned 229 structures another 103 community/common facilities like, tubewell, well, pond ghat, latrine, etc attached to the common properties will be affected by this project. Table - 6.12.3 gives the road and district wise numbers of the affected facilities attached to the affected common /community properties and proposed compensation per unit.

Table - 6.12.3 Road and District Wise Numbers of Affected Facilities Attached to the Affected Common Properties and Compensation (Million Tk.)

Name of Roads Rate per Fulbari – Dohazari

Nandail – Unit Bhaluka – – Domar – Total Nilphamari Gaffagaon – Kishoreganj Kishoreganj Parbatipur – Madhyapara Chittagong – Panchagarh –

Banglabandha (Taka) Boda – DebiganjBoda – Name of M’singh K’ganj Total M’singh K’ganj Total P’garh Dinajpur P’garh N’mari Total Chittagong Districts Hand T Well 12 1 13 1 2 3 8 1 5 1 6 4 35 5,000 Well ------1 - 1 1 2 10,000 Pond Ghat ------3 3 20,000 Slab Latrine 7 - 7 - 1 1 4 - 1 - 1 - 13 4,000 Sanitary Latrine 9 2 11 - - - 5 3 3 10 13 18 50 10,000 Total 28 3 31 1 3 4 17 4 10 11 21 26 103 - Compensation - 0.24 0.03 0.27 0.01 0.02 0.03 0.11 0.04 0.07 0.11 0.18 0.29 0.92 (million Tk.) Note : Proposed rates of compensation were collected through PRAs, FGDs and local persons experienced in recent construction. The owners will be allowed to take away all the salvageable materials free of cost. All the compensations will be completely exempted from all kinds of taxes.

41 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Summarily it may be said that about Tk. one million will be needed for replacing the facilities of the affected community properties and including the values of structures the total amount will be more than Tk. 94 million. Whatever might be the implementation process of relocation of affected common/community properties, the implementation always involves cost. The estimated cost of relocation by type of structure for each road segment separately is shown in Table - 6.12.4

Table - 6.12.4 Estimated Cost of Relocation by Type of Structure of the Common Properties for Each Road Segment and District Separately in Million Taka.

Name of Roads Boda –

Domar – Total Fulbari – Dohazari Nandail – Bhaluka – Debiganj – Nilphamari Gaffagaon – Kishoreganj Kishoreganj Parbatipur – Madhyapara Chittagong – Panchagarh – Banglabandha Name of Districts M’singh K’ganj Total M’singh K’ganj Total P’garh Dinajpur P’garh N’mari Total Chittagong 229 Affected Number 37 9 46 7 4 11 31 17 43 45 88 36

Affected Area (sft.) 17970 6801 24771 1383 1506 2889 7077 21993 28352 77864 106216 23351 186,237 Compensation for Structures (million 8.41 2.87 11.28 0.87 0.64 1.51 2.34 12.67 12.07 41.73 53.80 11.87 93.47 taka) Compensation for 0.24 0.03 0.27 0.01 0.02 0.03 0.11 0.04 0.07 0.11 0.18 0.29 0.92 facilities (million taka)

Total Compensation 8.65 2.90 11.25 0.88 0.66 1.54 2.45 12.71 12.14 41.84 53.98 12.16 94.39

Total amount of compensation to be needed for replacing the 229 community properties and some attached facilities is nearly Tk. 94.5 million ( excluding the value of land in Table-6.3 and cost of land development in Table-6.13).

6.13 Land Development for Relocation of Affected Homesteads, Common Properties and Business Enterprises

Rural Bangladesh mostly consists of low lying areas. The agriculture land goes under water every year. The roads and villages also experience the similar sufferings after couple years with repetition. For reducing the effects sufferings of floods the homesteads, markets and other land based structures are constructed after raising the low lying lands which requires substantive earth work followed by lot of expenditure. For mitigating this practical need, land development grant has been considered urgent in RNIMP-II.

Like the other road projects – SRNDP and RNIMP-I, the 3,964 PAHs are spread over the entire road lengths of 241.47 km. In no where, the PAHs are in grouped/clustered form. Affected 222 Homesteads are mostly located at 7 bypasses and new alignments. Again, some of them are within the existing RoW as Squatters/Encroachers. In reply to the question on Relocation, everyone opted for adequate cash compensation for their losses of Homesteads. They said that they will not move far from their present residence, they will settle nearby in the same village, mostly adjacent to the existing one. They further said that if they get 50% more than the present market value of land, they will be able to relocate themselves in the same village comfortably.

For the 2,645 Business Enterprises, only 883 of Boda – Debiganj – Domar – Nilphamari are on Private land, the rest 1,762 (67%) are on RHD land. All these enterprises are on road-side and they have ample space to move behind. For the Boda – Nilphamari road, the business enterprises have enough space to shift behind in agriculture land after raising them to the road level height. As the cost of Relocation through land development,

42 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

they have suggested for an extra amount equivalent to 50% of the market value of affected land.

As regard the affected 229 Common Properties, 88 (38%) are on Private land as the Boda – Nilphamari road (51.85) Km. does not have any official RoW. It was the Union Parishad road in the past. The other 141 (62%) are within the existing RoW and land development for relocation is not applicable to these properties. The total area of land needed for accommodating the 88 affected Common properties in private land will require around 4 acres. In reply to the issue of Relocation, the institutional leaders said that land will not be a problem. For Relocation please give us an extra amount equivalent to 50% of the market value of land and we will reconstruct them in a better and larger form.

Considering all the suggestions and the opinions of people experienced in recent land development, the land development budget for relocation at the rate of 25% of the present market value of land is being proposed in the Table 6.13.

Table - 6.13 Land Development Budget (Million Taka) for Relocation of Homesteads, Common Properties and Business Enterprises

Business Enterprses: All are in RHD land 1.11 1.60 2.71 - 2.71 25% of the market Value of Land Total 1.78 1.33 3.11 - - - - 0.17 5.66 8.10 13.91 2.65 19.84 Note : Present market values of land are in Table-6.3. All the compensations will be exempted from all kinds of taxes.

For relocation of Business Enterprises and Common Properties, only the PAHs of Boda – Debiganj – Domar – Nilphamari road will get compensation. Because for other 5 roads, these affected properties are within the existing RoW ie, on RHD land. They have been treated as squatters / encroachers and will get all other compensations except those which are related to the value of land.

6.14 Other Grants in Addition to MARV In Bangladesh the compensation package for Involuntary Land Acquisitions of ADB funded projects are always guided by : ADB Policy on Involuntary Resettlement (1995) Handbook on and Resettlement : A Guide to Good Practice (1998)

These two cover almost all types of losses and actions needed to be taken to compensate for. To be specific, if some one loses agriculture land, he gets:

• The cash compensation by law (CCL) which is an average of preceding one year deed values of similar type of lands in the area + 50% of it as premium ; and

43 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

• Surplus between the prevalent market value of land known as MARV and the total amount received from the above.

The above two together is known as compensation package for the loss of land. The Entitlement Matrix proposes at least two more types of amounts: Stamp Duty to those who will purchase land within one year of receiving final payment of land compensation, and Loss of crops/vegetables/fruits etc for one year. It is mentionable that EP should start the buying procedure within one year of getting compensaiton. If payment can not be made due to the genuine procedural problems, the RHD will settle the stamp duties after the expire of INGO tenure. These are actually grants and the amounts/percentage are proposed on the basis experiences of relevant experts and experiences gathered through PRAs about the field situation.

Like agriculture lands, similar grants are also proposed for loss of structures, loss of homestead, loss of commercial lands, etc. In all cases possible cares are always taken so that the PAHs can maintain, at least, the previous standard of life.

Table - 6.14 Tentative Estimates of Other Grants in Addition to Compensations to Project Affected Households (Million Tk.)

Name of Roads Fulbari – Dohazari Nandail – Bhaluka – – Domar – Total Nilphamari Gaffagaon – Kishoreganj Kishoreganj Parbatipur – Madhyapara Chittagong – Panchagarh – Banglabandha Boda – DebiganjBoda – Name of M’singh K’ganj Total M’singh K’ganj Total P’garh Dinajpur P’garh N’mari Total Chittagong Districts STG 4.03 1.27 5.30 0.11 0.15 0.26 0.44 2.34 3.57 9.04 12.61 7.89 29.22 SRG 4.03 1.27 5.30 0.11 0.15 0.26 0.44 2.34 3.57 9.04 12.61 7.89 29.22 Shifting of hh/business 0.85 0.29 1.14 0.08 0.08 0.16 0.41 0.43 0.49 0.75 1.24 0.84 4.22 materials Stamp duty for Land 2.98 0.45 3.43 - - - 0.56 2.51 3.01 3.60 6.61 3.54 16.65 purchase Social 0.32 0.20 0.52 .02 .02 .04 - .02 0.50 0.89 1.39 0.25 2.22 Compensation Loss of Crops/Vegeta bles and Fruits including 5.96 0.90 6.86 - - - 1.12 3.02 6.02 7.20 13.22 7.08 33.30 perennials / severance grant Total 18.27 4.30 22.57 0.32 0.40 0.72 2.97 10.66 17.19 30.50 67.69 27.49 132.10

• Structure Transfer Grant (STG) = 5% of MARV on structure • Structure Reconstruction Grant (SRG) = 5% of MARV on structure • Shifting of Households / business Materials = Tk. 1,000 to each homestead and business losers and tenants

• Stamp Duty will be given to the land losers who will purchase land or start the buying process within one year of receiving final payment of land compensation

• Social compensation will be given to all homestead losers including squatters who will have to change the homestead at the rate of Tk 10,000

44 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

• Severance grant = 10% of MARV for severance of agriculture land, will be identified by PAVT on individual basis

• For two cropped areas the amount will be Tk. 250 per decimal based on estimated annual net return per decimal

• For vegetables the amount of compensation will be Tk. 400 per decimal for one year

• For fruits the amount of compensation will be estimated by the PAVT on individual basis

There is no set rules on how much is to be paid to a PAH as grant for a particular type of loss. These are generally fixed up by the experienced persons in group meetings, PRAs, FGDs, etc. The rates mentioned in the EM are the outcome of the above endeavours.

In this project more than Tk.132 million will be given as grant to the PAHs in addition to the grant to Vulnerable Households (Tk.9.50 million). Total amount of money, including the Vulnerable Households, to be given as grant to the PAHs share nearly 10% of the total amount of compensation.

6.15 Crop Compensation to Land Owners and Share Croppers (Tenant Farmers)

In Bangladesh agriculture share cropping or tenant farming is a very unstable occupation. Because, always the contracts are done verbally, and its continuation completely depends upon the desire/satisfaction of the land owner. For the RNIMP-II project about 730 acres of agricultural land will be acquired and all the land owners will get compensations under various subheads. Acquire of these agriculture land will affect some share croppers (tenant farmers) also who are really poor. Under the prevalent share cropping system, share croppers get 50% of the total produce. The EM has proposed Tk. 250 per decimal for the loss of one year crop in lands with a cropping intensity of 200%. If a particular plot is under share cropping the division of crop compensation will be like:

• Total compensation per decimal = Tk. 250 • Share of land owner will be = Tk. 125 • Share of share cropper will be = Tk. 125

The amount of compensation per year has been estimated on the basis of net return during the recent past. Actually the amounts mentioned by the PRAs participants have been averaged for purpose of crop compensation. Although no vegetables growing land was found during the PAHs census, Tk. 400 per decimal as annual compensation has been proposed for them in the EM as precaution. The division between the land owner and lease holder will be exactly like share cropping. The INGO will ensure in receiving this compensation by the share croppers as recorded by SES, if necessary with the help of GRC and RAC.

45 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table-6.15 Road and District-wise Area of Agriculture Land to be Acquisitioned (Acre) and Amount of Crop Compensations (Million Tk.)

Name of Roads Fulbari – Dohazari Total Nandail – Bhaluka – – Domar – Nilphamari Gaffagaon – Kishoreganj Kishoreganj Parbatipur – Madhyapara Chittagong – Panchagarh – Banglabandha Boda – DebiganjBoda – Name of Districts M’singh K’ganj Total M’singh K’ganj Total P’garh Dinajpur P’garh N’mari Total Chittagong Agriculture 179.4 156.58 22.91 - - - 38.80 178.13 99.02 127.95 226.97 106.07 729.72 Land 9 Amount of 3.13 0.46 3.59 - - - 0.78 3.56 1.98 2.26 4.24 2.12 14.29 Compensation

In addition to this grant they will also get the vulnerable grant if they fall in the vulnerable group to be followed by skill training if desired by the incumbent. The amount of Tk. 14.29 million is included in the amount (Tk. 33.30 million) allocated in the row of Loss of Crops, Vegetables and Fruits in Table-6.16.

6.16 Estimated Cost (Tentative) of Resettlement Action Plan

The constituent components of resettlement costs are: compensation paid to recover the loss of affected properties/ structures, cost of relocation of common properties, payments made to compensate the loss of business income (3 months profit) and loss of income of their employees (for three months), payments made to compensate the loss of rental income, special grants to vulnerable households, compensation for loss of trees, cost of acquisitioned land for resettlement purposes. In addition, administrative cost for implementation of Resettlement Action Plan needs to be taken into account in the cost estimate. A tentative cost estimate is shown in Table - 6.16.

For development partners assisted land acquisition based development projects in Bangladesh, the compensation package is for the losses of the affected properties and their rehabilitation. It not only covers almost every nook and corner of losses, but also returns the salvageable materials to the PAHs after full payment of compensation money at the current market price. Of the 6 project roads, except for Boda-Debiganj-Domar- Nilphamari, land acquisition will be mostly for by-passes and at the site of realignments as the existing RoWs are enough for widening of the roads. Almost all the PAHs of these 5 roads are within the existing RoW. In sharp contrast to it, almost all the 1,165 PAHs along Boda-Nilphamari Road are situated in private land. So the major heads of compensation are related to road side structures and business enterprises for the 5 roads, and for the rest one (Boda-Nilphamari) it includes commercial lands, especially of the road side markets.

46 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Table - 6.16 Tentative Estimate for Payment of Compensation to PAHs and Replacement of Common Properties

Name of Roads Boda - Domar - Fulbari -

Dohazari Total Nandail – Bhaluka - Debiganj - Nilphamari Parbatipur - Kishoreganj Kishoreganj Madhyapara Gaffargaon - Chittagong – Panchagarh – Banglabandha Name of Districts M'singh K'ganj Total M'singh K'ganj Total P'garh Dinajpur P'garh N'mari Total Chittagong Length (Km) 33.23 13.19 46.42 5.22 10.58 15.80 57.20 44.20 26.41 25.44 51.85 26.20 245.47 No. of PAHs 827 267 1094 63 67 130 381 405 467 698 1165 789 3,964 No. of Common 37 9 46 7 4 11 31 17 43 45 88 36 229 Properties Land (Acre) 158.36 24.33 182.69 - - - 38.80 178.30 108.31 136.08 244.69 107.74 756.19 Acquisition Payment of Compensation to be Made in Respect of (In Million Taka) Land to be 63.67 14.32 77.99 - - - 12.09 55.82 91.60 122.55 214.13 81.24 441.29 Acquisitioned Structure: 80.57 33.32 106.00 2.18 2.90 5.08 8.82 46.70 71.38 180.68 252.06 157.77 584.32 Individual PAHs Structure: Common 8.65 2.90 11.25 0.88 0.66 1.54 2.45 12.71 12.14 41.84 53.98 12.16 94.39 Properties Structure: 0.21 0.12 0.33 0.06 0.07 0.13 0.34 0.18 0.34 1.02 1.36 1.50 03.84 Rented out STG 4.03 1.27 5.30 0.11 0.15 0.26 0.44 2.34 3.57 9.04 12.61 7.89 29.22 SRG 4.03 1.27 5.30 0.11 0.15 0.26 0.44 2.34 3.57 9.04 12.61 7.89 29.22 Business: 3 Months Net 8.58 4.58 13.16 0.26 0.61 0.87 1.58 7.18 10.56 35.18 45.74 22.97 91.50 Income Employees of 0.74 0.63 1.37 0.01 0.19 0.20 0.07 1.67 2.53 9.79 12.32 7.00 22.63 Business Shifting of hh/business 0.85 0.29 1.14 0.08 0.08 0.16 0.41 0.43 0.49 0.75 1.24 0.84 04.22 materials Affected Household 1.42 0.63 2.05 0.09 0.07 0.16 0.67 0.46 0.98 0.85 1.83 1.32 06.49 Facilities Affected Trees 46.28 17.25 63.53 - - - 8.82 5.00 13.80 11.30 25.10 21.09 123.54 Grant to Vulnerable 3.49 0.71 4.20 0.41 0.39 0.80 1.50 1.90 1.79 1.21 3.00 1.58 12.98 Households Stamp duty for 2.98 0.45 3.43 - - - 0.56 2.51 3.01 3.60 6.61 3.54 16.65 Land purchase Social 0.32 0.20 0.52 .02 .02 .04 - .02 0.50 0.89 1.39 0.25 02.22 Compensation Loss of Crops/Vegetabl 5.96 0.90 6.86 - - - 1.12 3.02 6.02 7.20 13.22 7.08 33.30 es and Fruits Land 1.78 1.33 3.11 - - - - 0.17 5.66 8.10 13.91 2.65 19.84 Development Implementation 4.67 1.97 6.64 0.75 0.75 1.50 2.87 2.98 3.21 4.31 7.42 4.36 26.47 Cost of INGO GRC Lawyer & 0.10 0.06 0.16 0.02 0.02 0.04 0.06 0.06 0.06 0.08 0.14 0.10 00.56 Others Cost of External 07.00 Monitor Miscellaneous 8.16 3.80 11.96 1.96 1.96 3.92 5.32 5.67 4.86 6.56 11.42 6.81 45.00 Grand Total 243.15 87.10 330.25 6.78 7.90 14.68 47.10 149.19 234.19 447.77 681.96 342.25 1,570.41

47 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

The estimated cost shown in Table 6.16 for implementation of Resettlement Action Plan (RAP) cover payment of cash compensation for all types of losses, land development for the losers of homestead and commercial land, and implementation and monitoring cost of Resettlement Action Plan. Total cost is estimated at Tk. 1.57 billion, and nearly one- fourth will be needed for the Chittagong-Dohazari road which is only 11 percent of the project road. Again, of the total compensation of Tk. 1.57 billion, more than 80 percent are needed for paying the value of land, structure, household amenities and trees. This percentage reaches 85 when the amounts allocated for STG and SRG are added. The highest amount of compensation, Tk. 0.68 billion is needed for the Boda – Debiganj – Domar – Nilphamari road of 5.85 km. This road is only 21.5% of the total roads under the project which needs nearly 42% of the total budget for Resettlement. Because, this road does not have any RoW as it is the Union Parishad road. As a result, the land acquisition for this road is highest, around 245 acres, about 33% of the total.

48 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER-7

SOCIAL INTERACTIONS

7.1 Constituents of Social Interaction

7.1.1 Public Consultations

Public Consultations and Public Participation are two effective tools of social interaction. Public consultation is an important tool to build confidence between the stakeholders and the project formulators to minimize the risk of delay of project implementation. It also counters the sinister political propaganda, if any, about the project. It would help the concerned authority to make an assessment of public opinion about the project and nature and extent of opposition likely to occur during implementation stage.

7.1.2 Public Participation

Public participation, on the other hand, would help the project implementation to a great extent. The purpose of involving public in general and project affected persons in particular, in decision making process is to have a fair interaction with all community groups and ensuring them that every attempts would be made to minimize negative impact of the project and that adequate mitigation measures would be taken to compensate the loss of the affected persons, if any. Thus, it would ensure partnering of project between community and project implementing authority leading to timely completion of the project with least social cost. Moreover, experience indicates that involuntary resettlement generally gives rise to problems for the project affected persons (PAPs). The problems get reduced when people are properly informed and consulted about the project and given the opportunity of being heard. In this matter Non Governmental Organisations (NGO) have been seen coming forward to take up issues on behalf of the stakeholders. By making them a party to the decision making process, future litigation at later stage could be avoided.

7.2 Objectives

Initial public consultation in the form of group discussions were carried out at different locations of the project corridor with a view to minimize adverse impact of the project through creating awareness among the communities on potential benefits of the project. Moreover different meetings were organized with other stakeholders. The details of such discussions are given the following section. However, the major objectives of public consultation are: • Create awareness among local people about the project in general and its potential impacts (both positive and negative) on the community, involve them in the decision making process from the very inception of the project with a view to build trust.

• To identify public concerns with a view to reduction of public resistance during implementation of the project. Make them feel that they are not ignored. Take them in confidence by providing them a role in decision making process.

• Educate potentially affected communities/ persons about the proposed course of action and viable project alternatives.

• To solicit the views of affected communities on socio-economic aspects of impacts of the project. This will serve as an important tool for collection of information on both natural and human environment, which would not be possible through traditional approach of data collection.

49 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

• To produce a suitable plan by incorporating the felt needs and preferences of project affected persons as evolved through community interactions.

7.3 Group Discussions

The Team held group discussions at different locations of the project corridor on different dates- 26th July, 22nd, 27th , 29th August, 14th , 16th , 17th , 18th , 19th September, 25th and 26th November, 2006. Those public interactions/ discussions were held with government officials, local self government, men of importance of the project area, local communities including businessmen and Non Governmental Organisations (NGOs). A list of locations and dates of such meetings is presented in Table- 7.1.

Table - 7.1 Locations and Dates of Group Discussions Name of Road segment Name of locality/ Km Date(s) of Discussion

Bhaluka - Gafargaon Bhaluka Bazar (km.0.000-0.600) 26th July, 14th September, 2006 Parabhanga (Km.43.400) 26th July, 2006 Gafargaon 22 August, 2006 Goari Nandibari Bazar (Km.5.500) 14 September, 2006 Hossaipur- Kishoreganj Char Pumdi Bazar (Km.42.800) 16th September, 2006 Nandail - Kishoreganj Mussuli Bazar (Km.3.900) 17th September, 2006 Chakmati Bazar 17th September, 2006 Panchagarh - Banglabandha Panchagarh 29 August, 2006 Fulbari - Madhyapara Fulbari Rly. Level crossing 18th September, 2006 Belghat Sultanpur (Km.10.275) 18th September, 2006 Madhyapara Bhaduri Bazar (Km.11.000) 18th September, 2006 Parbatipur - Fulbari Bhabanipur – Sherpur 27 August, 2006 Panchagarh- Banglabandh Panchagarh 29 August, 2006 Panchagarh Market (Km.0.000) 19th September, 2006 Panchagarh Municipality Office 19th September, 2006 Panchagarh Chamber of Commerce & 19th September, 2006 Industries Chittagong - Dohazari Monshar Teck (km.0.000) 27 November, 2006 Shahgodi Market 27 November, 2006 (km.1.600) Hashimpur Bazar 27 November, 2006 (km. 2.100) Mozaffarbad (km.12.850) 26 November, 2006 Roshan Hut (km.14.000) 26 November, 2006 Gachberia Bazar (km.17.000) 26 November, 2006 Kagochipara (km.19.600) 26 November, 2006 Dakshin Hashimpur (km.21.800) 26 November, 2006 Bhaluka - Gafargaon Deetpur govt. primary school 19 th February, 2008 Fulbari - Madhyapara RHD Office & Fulbari Rly. Level crossing 10th March, 2008 Parbatipur - Fulbari Parbitipur Bypass 10th March, 2008

50 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

The Details of Group Discussions are Stated Below for Each Location Separately.

7.4 Road segment: Bhaluka - Gaffargaon - Kishoreganj

7.4.1 Bhaluka Bazar : on 26 July, and 14 September, 2006

The study Team held an interactive session with a number of shop owners who are the members of Bhaluka Bazar Babsayee Samiti, at Bhaluka Bazar on 26 July and 14 September, 2006.

Persons Present :

Shahar Dhali - Secretary of the Samiti Md. Mukles - President of the Samiti Md. Abdul Motin - Shop owner Md. Anwar Hossain - Shop owner Md. Jahir Khalifa - Shop owner Dr. Tarafdar - Shop owner Fitan Talukdar - Shop owner Manzur Talukdar - Shop owner Mazid Talukdar - Shop owner Iqbal talukdar - Shop owner Siraz Mia - Shop owner Swapan Mia - Shop owner Barek Mia - Shop owner

The Secretary categorically stated that he himself and other members of the Samiti (shop owners) welcome the proposed road development project. They would shift their shops, if needed for the said purpose, provided adequate compensation is paid to each affected business unit.

7.4.2 Meeting at Gaffargaon: on 22 August, 2006

List of Persons Present:

A.S.S Mojibur Rahman (Chairman 5 No. Jassora Union Parishad) Alhajma Abuljasem (Social Worker) S.M. Samsur Rahman (Fisheries Officer, Upzilla Gaffargaon) Habibur Rahman (Agriculture Extension Officer) Ahmed Hamid Monsur (Chairman Charalgi UP) M.A. Mannan (Ex. Engineer, Gaffargaon Up-zilla) Md. Majharul Alam Akand (Veterinary Officer, Gaffargaon Up-zilla)

Issues Raised and Discussed:

At present going to Dhaka by train takes about two and half hours. Several people of this locality who have to be in Dhaka every day prefer to stay at Dhaka in rented accommodation and as such they are forced to bear the cost of two establishments, which cause financial hardship. The improved road will improve connectivity with Dhaka and people will be able to travel any time of the day and daily commuting from this area would become possible, which in turn save expenditure on second establishment. Improved roads will help in transporting fish, vegetables, poultry products and other farm produce of this locality, which are perishable and have to be disposed at low price now because of poor road network.

51 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Prime need to travel to Dhaka which offers job opportunities, education opportunities and also market opportunities. More than 50 per cent families have at least one person working in Dhaka. Travel time to Mymensingh would also be reduced considerably. It is expected that with improved roads, garment industries may come up here as land is much cheaper here than Dhaka. Gaffargaon is important for local breed chicken and eggs which can then be sold at Dhaka easily and producers will earn more. Unemployed youths will get employment during construction work, local suppliers will be able to sell raw materials for construction. Mymensing – Gaffargaon road needs to be improved through some other project so as to develop connectivity of Gaffargaon with Gayeshpur, Shibganj, Hossainpur growth centers. Additional points raised by Mr. Goutam Kumar, Up Zilla Nirbahi Officer (UNO) [ph. 09025- 56020 and 01711317136] are noted below: The improved road will be of great help to those people who frequently travel to Gaffargaon railway station from Bhaluka and Kishoreganj to catch train. Students use this road to travel to Nazrul University and Agricultural University each day. Improved road will reduce travel time. Producers use this road to go to Bhaluka to catch onwards transport to Dhaka, road improvement will reduce time and cost for them, it will be easier to reach growth centers, whole sellers/middlemen will reach faster – Bhaluka is the gateway to Dhaka Improved road will help in keeping law and order When the bridge gets repaired, traffic to Kishoreganj will increase, traffic to Chamta Bandar, Habiganj, Sunamganj, Netrokona will also use this road. Improved roads will help to move spans and fingerlings to hatcheries quickly without any damage. Employment will be created – local youth would organize “Pani puran kendro” to refill tanks / change water for Pangas fish. This place is known for Pangas fish and others. NGOs like BRAC, GB, ASA, Proshika, Society for Social Service, Pallimangal Karmasuchi – are involved in micro credit operation. Improved road will accelerate the growth of pisciculture of this area. Due to unemployment in the local areas, many youth have gone abroad. The local Banks like Sonali, Agrani and Krishi and post offices show very high remittances – 100 to 120 crores. This money is lying idle and no investments are done. Improved roads would encourage people to use this money in construction, fisheries, industries, on land, etc. Migration will reduce with improvement in roads – reduce destitution of women and children.

7.4.3 Goari Nandi Bari Bazar : Meeting on 14 September 2006

Persons present : Mr Abdul Quddus, Chairman Bazar Committee Mr Swapan Nandi, Secretary Bazar Committee Mr Kazi Mozid, Businessman Mr Khogendra Chandra Das, Businessman

52 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Mr Pran Kumar Das, Businessman Mr Abdur Rashid Vandari, Businessman Mr Shohidul Islam, Businessman Mr Biplob Nandi, Businessman Mr Saheb Ali Dhali, Businessman Mr Golum Faruque, Businessman Mr Ayub Ali Mondal, Businessman Mr Ripon Talukder, Businessman Mr Motahar Hossain, Businessman Gazi Md Alfaz Uddin Akhand, Businessman

All of the participants expressed their happiness on the Govt. decision for improving the road. They believe that this road improvement project would improve road communication from their place with other areas which, in turn would create a situation more conducive to their business. They also said that after the actual land requirement demarcation, they will move behind the demarcation line (RoW). During the discussion, they were told about the norms of compensation payment and on this count they expressed their happiness.

7.4.4 Goara Nandi Bari Bazar Mosque : Meeting on 14 September 2006

Persons Present :

Mr Md Monzur Hossain Sarkar, Secretary Mosque Committee Mr Md Kazim Uddin, Member, Mosque committee

There is a possibility that the Southern part of the Mosque will be affected by the widening of road. For accommodating the mosque users during prayer, they suggested that to compensate the loss of the covered area new construction could be done to extend the Western side of the Mosque, which will, of course, require the purchase of land of around 2 decimal from the local Hafizia Madrasa. They also said that the Mosque users will accept this new change of Mosque structure.

Road Segment: Hossainpur - Kishoreganj

7.4.5 Charpumdi Bazar : 16 September, 2006

Participants :

Mr Md Asaduzzaman, Businessman Mr Md Jasim Uddin, Businessman Mr Md Nurul Islam Habib, Businessman Mr Md Abdul Halim, Businessman Mr Md Siddique Hossain, Businessman Mr Khairul Alom, Businessman Mr Md Yusuf Ali, Businessman Mr Md Shafique Uddin, Businessman Mr Md Lutfur Rahman, Businessman Mr Md Sondu Mean, Businessman

The group discussion participants opined that :

a) Widening and improvement of this road is the crying need of the area for better road communication. Once it is done, vegetables’ marketing will become easier;

b) Better road communication will make easier for the people who will have to go to Dhaka or Mymensingh; and

c) All of them said that after the demarcation of land requirement for the road, they will move behind the present position and construct new structure with the compensation money.

53 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

7.5 Road segment: Nandail - Kishoreganj

7.5.1 Chalkmati Bazar : 16 September, 2006

Persons Present: Md Anowarul Islam, Chairman Bazar Committee Md Nesar Uddin, Secretary Bazar Committee Md Roish Uddin, Businessman Md Abdul Karim, Local Person Md Idrish Ali, Businessman Md Billal Hossain, Businessman Md Abu Bakar Siddique, Businessman Md Shultu Mean, Businessman Md Akkash Uddin Bhuiyan, Businessman Mr Rakhal Chandra Das, Businessman Md Kholilur Rahman, Businessman Md Saiful Islam, Businessman

Opinions expressed by them are :

a) In future, structure should not be allowed to be built just on the road side. Because, minor mistake of the Truck-Bus drivers or minor mechanical break-down of Truck- bus leads to demolishion of the structure causing death of people;

b) If the affected shops are given proper/adequate compensation, the owners will move behind vacating the Govt. land;

c) There should be clear demarcation of the RoW and in future nobody should be allowed be construct structure within the area;

d) Near all the markets, there should be lay-by area so that this space can be used as Bus-stop and

e) They also requested for the Speed Breaker near and Passengers’ Shade in all the roadside markets.

7.5.2 Mushulli Bazar : 16 September, 2006

Group Discussion Participants : 1. Mr Md Shumon Mean, Businessman 2. Mr Md Mosharraf Hossain, Businessman 3. Mr Md Suruj Mean, Businessman 4. Mr Md Arzu Mean, Businessman 5. Mr Md Abu Saleque, Businessman 6. Mr Md Aruze Ali, Businessman 7. Mr Md Islam Uddin, Businessman 8. Mr Md Fazlu Mean, Businessman 9. Mr Md Sayed Mean, Businessman 10. Mr Md Abdul Quadir, Businessman 11. Mr Md Siraj Uddin, Businessman

Opinions of the businessmen were like :

a) Although the nation will be benefited by the widening and improvement of the road, the local shop keepers will be affected adversely;

54 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

b) Many of the shop keepers have purchased the use ownership right from the previous users. They will be affected more;

c) Unused space within the RoW may be allowed to be used by the affected persons and

d) There are good numbers of educational institutions near the market and for protecting the student from road accident, they demanded for speed-breaker

7.6 Road segment: Panchagarh - Banglabandha

7.6.1 Panchagarh: on 29 August, 2006

A meeting was held in the office of Executive Engineer (Mr. Sabuj Baran Dutta, ph. No. 0568-61205/61655). He opined that:

• This will become Asian Highway Corridor and NH for Bangladesh. A dry Port will be constructed in Banglabandha – when? Not yet known. • In anticipation, freight agents, labor organisations have already begun preliminary activities, former have already bought space and some have opened up offices. Most of these are from outside the area. Things ought to move faster. • Currently, the Indian border is opened up four times a week for Bhutanese, Nepalese and some Indian cargos. Increasing trade with India is expected to open up traffic and entrepreneurial activities and make the area vibrant. • At present, the seasonal traffic is very high on the bridge which has been auctioned for Tk 10 lacs for the year. • The sparse population in the area is because of its location away from the main hub Dhaka. Opening up of the dry port and the border with India would change the profile of the area into a buzzing business area. • The opportunities in the area are galore – there are stone chip crushers, stone mining from river beds and under ground using open cast mining techniques, tea gardening by leading groups, concrete electric posts, etc. • Stones mined are crushed and graded and transported in trucks to other parts of the country. • Mainly women work in the crushers on daily wage rates. The mined stones are brought on shore where businessmen or their agents lease/buy land and operate crushers.

7.6.2 Panchagarh Municipality: 19 September, 2006

Persons Present :

i. Md. Toihidul Islam, Chairman, Panchagarh Municipality ii. Md. Mahbubur Rahman, Secretary iii. Md. Belal Hossain, Ex. Engr. iv. Md. Abdul Hossain, Commissioner v. Md Fazley Karim, Commissioner vi. Md. Taleb Ali, Kanungo

The salient features of the discussions are:

• It would be better to go for a bypass for protecting the market at starting point of the road.

55 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

• All shops are on RHD land, but papers relating to earlier requisition of land are not available in RHD office. Hence, fresh requisition may be required. • The facilities of Banglabandh boarder check post should be improved to facilitate goods transportation; it should also have the facilities for human boarder crossing. • The Municipality would extend all possible help and cooperation in this regard.

7.6.3 Panchagarh Chamber of Commerce & Industries

A meeting was held at the office of the chamber of commerce on 19 September, 2006.

Persons present: Md. Iqbal Kaiser Mintu, President Md. Liaquat Ali, Vice President

Points emerged from discussions:

• This is a very important road and it needs to be improved on a priority basis. • The road should be improved and widened to such a level so that it can accommodate the traffic loads of Shiliguri (West Bengal) and Nepal. • To make Banglabandh as entry and exit point between Bangladesh and India is under active consideration of two governments. If it materializes, a good number of tourists from northern part of West Bengal, Sikkim, Nepal and Bhutan will use this road. Improved road will help the tourism trade of Bangladesh to a significant extent.

7.7 Road segment : Boda - Debiganj - Domar - Nilphamari

7.7.1 Sepaipara Jamey Mosque: 19 September , 2006

Person Discussed:

i) Md. Rejanul Karim Pradhan, Secretary Mosque Committee

Discussion and Suggestions

He said because of non-availability of space within the mosque boundary, the mosque may either be made two storied or shifted to other place by purchasing land.

7.7.2 Chandanbari Mosque:

Persons Discussed:

i) Hafiz Md. Motiur Rahman, Mosque User ii) Md. Nazrul Islam, Mosque User

There is space on left side of the mosque which can be used to recover the affected area. They also requested for creating some facilities for the mosque.

7.7.3 Sakoa Bazar

Persons Discussed :

i) Md. Mushtafizur Rahman, Secretary Bazar Committee ii) Md. Abu Baker Shah, Businessman iii) Sree Sontosh Kumar Barman, Businessman iv) Md. Monirul Islam, Businessman v) Md. Dulal Hossain, Businessman vi) Md. Morshed Daulat Khan, Businessman

56 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Although the total member of shops in this market is around 250, they did not want any bypass. They said that

• Improvement and widening of the road will bring benefits for the businessmen of the market. • Most of the businessmen of the market are tenant, the structures are owned by the land owners. Before claiming ownership of land (RoW) by the RHD, the claimant must produce the ownership title. This responsibility should be shifted to the users who claim ownership. • Two days a week, this market is used as whole sale market of jute, paddy and peanut. Improvement of the road will help to flourish this whole sale business.

7.7.4 Sakoa Bazar Temple

The temple is just on the side of the road which may be shifted within the village at the place to be chosen by the villagers. All costs including the value of land must be borne by RNIMP-II.

7.7.5 Polash Bari Bazar (Domar-Nilphamari)

Persons Met : Md. Abu Taher, Businessman Md. Abdul Motin, Businessman Mohammad Ali, Ric-Van puller Mr. Rampada Ray, Ric-Van puller Mr. Amal Chandra Roy, Ric-Van-puller

• Present width of the road is only 12 feet which has been creating tremendous problem for the Ric-Van pullers when they are to provide side to the automobiles. So they univocally supported the improvement and widening of the road. • The business community expects that improvement and widening of the road will assist to boost-up their business. • They are mentally ready to vacate the Govt. (RHD) land after the demarcation of land requirement for the road.

7.8 Road Segment: Parbatipur-Fulbari- Madhyapara

7.8.1 Fulbari Rail Gate : on 18 September, 2006

The overall socio-political situation of fulbari was not favorable for group discussion or data collection. They politely refused to support the proposal of the Consultants and requested them to leave the place. They also did not cooperate with Field Investigators which has led to failure of data collection from individual PAPs at the first time during September 2006. However, they provided full cooperation when revisited in September 2007. During the second visit data from all the individual PAPs were colleted.

The data collection from the individual PAPs was followed by a PRA on 11.02.2008. The meeting was attended by the businessmen of Fulbari Rail Gate:

Abdus Salam Munshi Mohsinur Rahman Raj Kumar Roy Shomir Uddin Shofi Alom Md. Selim Md. Gaffar Motiur Rahman Shamser Ali Ashir Uddin Md. Nurunnabi Md. Jahangir Hasan Ali Md. Manique Abdur Rahman Liaquat Ali Abdul Karim Anowara Begum Momotaz Begum Md. Shelim

57 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Budare Rahman Shofiquul Islam Fulmoti Begum Rashida Khatun Hasina Begum Robiul Haque Sirajul Islam The opinions expressed by them on the widening of road are: • The RHD must not acquire any land beyond the requirements of road widening • The construction must be completed as speedy as possible so that their businesses are not affected for a long period • The total amount of compensation should be such as can offset their total losses and the compensation should be cleared up atleast 3 months ahead of taking possession of land. • During construction, the local labourers, including female labourers, should be employed on priority basis

7.8.2 Bhaduri Bazar : on 18 September , 2006

Participants of Group Discussion : Md. Nur Alam, Member Union Parislhad Md. Rafuque Uddin, Ex Member Union Parishad Md. Mehedul Hoque, Businessman Md. Motiur Rahman, Businessman Md. Al Rubel, Businessman Md Aminul Haque, Businessman Sree Chan Mohon Roy, Businessman Md Gulger Hossaain, Businessman Abdul Haque, Businessman Md. Kohinur Islam, School Teacher Md. Full Mean, Local People Md. Abul Kashem, Local People Abdur Rahman, Local People Md. Sayedul Haque, Local People Md. Yunus Ali, Local People

• All of them confessed that almost the entire market is on Govt land, perhaps owned by the Forest Department. • They placed high importance on widening and improvement of the road and also said that all the businessmen will support this work. They will move behind when the land requirement for the road will be demarcated. • They believe that this market will become more important after the completion of the road. Because this road is the junction road among Badarganj, Mithapukur, Aftabganj, Fulbari and Maddhapara Stone Mine. • Marketing of vegetables, Jute and paddy and carrying of stone will be easier when the road is completed.

7.8.3 Belghat Sultanpur Jamey Mosque: 18 September , 2006

Persons Met :

Md. Sayer Uddin, Moajjen of Mosque Md. Hasan Ali, Member, Hosque Committee Md. Morshed Ali, Mosque User Md. Mortazul Hoque, Mosque User

They said that there is no land on other side if the north side of it is affected by road widening. As solution, the mosque may be shifted to other place through purchase of land, or the road may be widened to opposite side of the mosque.

58 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

7.8.4 Meeting at Bhabanipur : on 27 August, 2006

Persons Present :

Masuma Khatun (Primary school head mistress) along with some local residents were present in the meeting.

Some of their comments are noted below: - “I am losing land I don’t want road, what we have now is enough”

- “Giving up house is better than losing agricultural land if house is well compensated for. Land is more precious no amount of money can compensate for land”

- “Don’t increase road width, we don’t want anything, we are fine, give us water if you can, take our complaint to higher authorities.”

- “Vulnerability to accidents will increase for school children as the road passes by. Construct speed breakers near congested areas and schools. Increase boundary wall of the school. There is no guard who will take care when children cross road?”

- “There will be sound pollution for the school specially.”

- “Drainage is also a problem, water accumulates along the road and floods during rain, this needs to be considered while road widening.”

- “Contractors cannot be trusted they use poor quality of materials.”

- “There is tremendous corruption during compensation payment. We have to pay to the officers for getting our dues.

• Main problem in the area is water – both drinking and agriculture. “Deep tubewells are taking away water for the power plant and we are left with nothing. Soon we will have no produce and if we do have some, quality will be poor.”

• Jamuneswari or Chhoti Jamuna has no water in it for surface water supply.

• Piped water would be given, “that is what they promised.”

• “Electricity is scarce, sometimes it available for ½ hr. only -e¡C V¡C -hn£”- “We need it from 6 p.m. to 12 p.m. when children study”

• Local and Gramin roads need improvement and not just the high ways.

7.8.5 Parbatipur Upazila Office: on 27 August

List of Persons Met :

ABM Shariffuddin (Up Zilla Nirbahi Officer (UNO) Md. Musa (UpZilla Engineer) Md. A. Razzaque PK (UpZilla Ansav & VDP Officer) Khondkaer Shamsoor Rahman (UpZilla Fisheries Officer, Parbatipur) Md. Azahar Ali (O/A Social Worker) Dilruba Begum (UpZilla Copperative Officer) Md. Emadul Huq (Chairman 5 No. Chandipur) Shahid Md. Ali Mortujza (UAO Parbatipur) Md. Shadir Ahmed

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• Fulbari is the only mining area in the country and is likely to be declared as the mining belt. Apart from this, there is a locomotive factory, petrol /diesel storage station, an important railway station and many hatcheries. Further, this is close to the border. All combined, the road needs widening and improvement on a priority basis. Currently there are pot holes on many stretches. • The present road is narrow and feeder type and the load on it are too heavy. The trucks carrying petrol, coal and other products pass on this. The stretches are narrow and two trucks cannot pass together. Also, other vehicles cannot move fast. VIPs come to this area because of the coal mines. • The width of road needs to be increased in height more because the railway track is high and during heavy rain water logging causes traffic disruption. Sometimes, schools and offices have to be closed. Due to increased construction works in the area and lack of open space, water logging is increasing each season. Culverts are required for railway lines and roads both. • Quality control of road construction materials needs to be to be carefully monitored keeping in mind the road load bearing capacity of the road. • Importance will have to be given to vegetation and plantation on the road sides by selecting eco friendly trees and plants so that birds can build nests and people can eat fruits. Usufruct rights have to be established so that the communities can reap benefits out of the trees and plants. (The plants will need to be protected by the communities). For this department of agriculture and forestry will need to be consulted. • ADB road project is welcome – need to have separate road for non motorized slow moving vehicles and motorized fast moving ones. The traffic has increased and would increase further with better roads, if both move on the same road chances of accident will be higher. As the area will soon be declared as the mining zone, movement of heavy vehicles will increase. • Historically, the road and air port were both constructed in a hurry by Pak. Army (Khan Sena) during liberation war – this needs upgradation now. Several stretches are zigzagged and difficult for a fast moving vehicles to negotiate. These need improved alignment. • There is also need to develop alternate road bypassing mining areas and thermal power plant so that any labor problem in the mining sector does not impact on vehicle movement. • Agriculture is the main occupation in the area with about 5 per cent having fisheries as their main stay and 14 per cent secondary. Produce is enough for the area – all produce is taken to Rangpur market. Fish comes from other places. Parbatipur hatchery is the biggest DFID funded hatchery - 85 UpaZilas are covered. Genetically pure varieties are developed and distributed but it is a very slow process. Govt. seeds are more expensive than privately available ones hence not popular. There is no genetic consideration in fish production among fishermen in the area. Vegetables produced - potato, chilies, pulvul (fVm), are mainly for local consumption while paddy and jute are cash crops. There is no cold storage in the area hence surplus is sold at low price offered by middlemen. • Road development has far reaching impact. Based on a highway, interiors also get developed and uplifted – trade and commerce increase. In the rural areas business and other transports increase – here number of van rickshaws would increase. These are slow moving but generate a large amount of employment. With better roads, mechanized vehicles will increase and the slow moving ones may get affected. This might make them move elsewhere and migrate.

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• Poor, however, may get employed as unskilled workers in road construction – they become worse off after the work is completed become destitute again – only about 1 per cent get re-employed. • Some land acquisition will occur specially for Bypasses. There is a need to minimize impact. The LA Ministry will arrange for disbursement of compensation. • Communities will benefit – • Better roads would increase land value • Increase rickshaw and van pulling • Improved vehicular movement will reduce time of commuting.

7.9 Road Sehment: Chittagong - Dohazari road

One important information with regard to PAPs of this road is that, except in new alignments and bypasses, all the PAPs are located within the existing RoW, 40 mt, of the road.

7.9.1 Gachbaria Bazar: Meeting on 26 November, 2006

Persons Discussed : Md Lokman Md. Shahjahan Monmohan Shil Asad Mean Sawdagor Prodip Kumar Shanti Tailor Arafat Ahmed Juboraj Telecom Agrani Unnoyon Sangstha Jalal Electronic Abdul Manan Jashim Uddin Enam Uddin Haji Abul Hashem Sirajul Islam Harunur Rashid

All the participants of discussion session expressed their happiness on the Govt. decision for improving the road. They expect that this improvement will lead to better road communication of this place with other areas which would create a situation more conducive to better business. They also said that after the actual land requirement demarcation, they will move behind beyond the demarcation line. About the proposed compensation package, they expressed their happiness. But they said that the compensation should be given to them at least one year before vacating the present place of business.

7.9.2 Shahgodi Market: Meeting on 27 November, 2006

Persons Discussed : Md Farid Uddin Faruque Ahmed Mobarak Hossain Tushar Das Zafar Ahmed Haradhan Shil Abu Taher Abshar Uddin Lokman Saudagor Jalal Uddin Abdul Hakim Abdul Malek Chowdhury

• All of them admitted that almost the entire market is on Govt land, perhaps owned by the RHD ; • They placed high importance on widening and improvement of the road and also said that all the businessmen will support this work. They will move behind when the land requirement for the road will be demarcated ;

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• They believe that this market will become more important after the completion of the road ; • Marketing of vegetables, guava and carrying of other products will be easier when the road is completed and • They also claimed that they should be allowed to re-establish their business within the RoW, if space is available.

7.9.3 Hashimpur Bazar : Meeting on 26 November, 2006

Persons Present : Md Nazim Uddin Badal Kanti Nath Kamal Kanti Nath Ahsan Uddin Mofizul Islam Md Abdul Hakim Abul Hasem Md Gofur Badsha Mahbubur Rahman Saleh Ahed Habibur Rahman Saudagor

Opinions expressed by them are :

• In future, structure should not be allowed to be build just on the road side. Because, minor mistake of the Truck-Bus drivers or minor mechanical break-down of Truck- Bus leads to demolishion of the structure causing death of people ; • If the affected shops are given proper / adequate compensation, the owners will move behind vacating the Govt. land ; • There should be clear demarcation of the RoW and in future nobody should be allowed be construct structure within the area ; • Near all the markets, there should be lay-by area so that this space can be used as Bus-Stop and • They also requested for Speed Breaker just before market area and Passengers’ Shade.

7.9.4 Rowshan Hat : Meeting on 26 November, 2006

Name of the Participants: Md Idrish Md Alem Hossain Doctor Mohiuddin Md Alamgir Morshedul Alam Mozaffar Ahmed Kamal Uddin Sayed Ahmed Mozibur Rahman Abdullah Al Mamun

Opinions of the businessmen were like :

• Although the nation will be benefited by the widening and improvement of the road, the local shop keepers will be affected adversely ; • Many of the shop keepers have purchased the use ownership right from the previous users ; • Unused space within the RoW may be allowed to be used by the affected persons ; • Compensations should be given well-ahead of the displacement of shops, and • Those who are running business in rented structure, should get some extra amount as compensation.

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7.9.5 Monshar Teck Market : Meeting on 27 November, 2006

Persons Present: Md Ishahaque Ahmed Kabir Mafizur Rahman G. M. Newaz Alhaj Abdul Monnaf

• Improvement and widening of the road will bring benefits for the businessmen of the market ; • Most of the businessmen of the market are tenant, the structures are owned by the (so called) land owners. Before claiming ownership of land (RoW) by RHD, the claimant must produce the ownership title. This responsibility should be shifted to the users who claim ownership ; • They suggested that, in future if RHD allows the construction of shops within the RoW, the gap between the road shoulders and shops should not be less than 10 feet; • They also said that the RHD may introduce the leasing system within the RoW for construction of shops’ structure.

7.9.6 Mozaffarbad ‘Kali’ Mondir : Meeting on 27 November, 2006

The Team met some local people near the Temple but they avoided any discussions about the relocation of the Temple. We were advised to contact Nobody agreed to express any opinion on its relocation to other place.. They suggested us to meet the Temple committee on Friday. There is a high possibility that this temple, especially the portion with two dooms will be affected. The temple can be reconstructed within the same campus if needed, and of course must be in a better form as suggested by the users’ community.

7.9.7 Hazi Anowar Ali Zamey Moshzid of Kagozipara : Meeting on 26 November, 2006

Persons Present : Md Iqubal Kaderi Hazi Mofizur Rahman Kazi Bodiur Rahman M A Halimi

Discussion :

On one side there is a well-build mosque of (almost new) around 5,000 Sq. ft. and on the other, there is Mazar. They said that the Mazar side should remain in tact and the road widening may be on mosque side. If this is done then the mosque will be severely affected and a complete new construction will be needed on purchased land.

7.9.8 Dokhin Hashimpur Mosque and Madrasha

Persons Discussed : Md Mean Abdul Hakim Korban Ali Ali Akdar

The 4-storied mosque is under construction of which, construction of 2-stroies has been completed. From outside, one can easily identify the mosque’s architectural beauty. If seems to be highly beautiful and expensive. The community wants that the mosque

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should remain untouched and the road widening should be at the Madrasha side, which will affect one class room and the road side wall only.

7. 10 Three Meetings in 2008

7.10.1 Meeting in Deetpur Govt. Primary School: 19th February, 2008

More than 145 primary stakeholders were present in the meeting Salient features of the discussions are:

• Local people know about the entitlements for the PAHs, but not sure about it, as they did not receive this kind of compensation before • It would be better if local people would be involved in design phase i.e. engineering design. • These people are very much concern about relocation of some common property resorces, espercially some graveyards. • Local people requested to build a monument in the area through this project in the name of the Feedom Fighters of this locality • School needs a boundary wall beside the road to reduce accidents and noice pollution • Most of the shops are on RHD land, the shop owners are ready move away from RHD and shift on private land if they receive compensation as described by CCDB on time • It is re confirmed that the vulnerable people including female headed households, handicapts will receive special grant • Local people requested to avoid DC office if possible to make these compensations. It would be appreciated if the project can make some arrangement that people from DC office have local office in the locality

7.10.2 Meeting in RHD office and Fulbari Rail Gate: 10th March, 2008

More than 160 primary stakeholders were present in the meeting Salient features of the discussions are:

• Local people know about the entitlements for the PAHs, and cooperating CCDB in providing information but not sure about it, as they did not receive this kind of compensation before. They have very bad experience with Asia Energy. So they asked whether Asian Development Bank will behave same way or not. • Main market in Fulbari in along the existing road, which is going to be widened. Front side of most of the shops is on RHD land and at the back housing premises are there mostly on provate or railway land. The land level along the road is high. The shop owners requested not to make road more tha 40 ft wide in this area. Road width of 40 ft will not affect them as it would be wider as it is designed. • They proposed to make covered storm water drains along market area beside the road, this will help both RHD as well as the buseness communities • They are ready to shift few feets backward as high land is available but not ready to move totaly from this strategic location • These people are very much concern about relocation of some common property resorces, espercially some mosques, schools, clubs etc. • It is suggested that there are many abundant railway line along the existing rail line, which are striaght also. Those lands could be used to make bypasses and avoid

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relocation of many people and common property resources. Consultation with the local people could be a great help for the designers

• It is reconfirmed that the vulnerable people including female headed households, child workers will receive special grant • Local people requested to avoid DC office if possible to make these compensations. It would be appreciated if the project can make some arrangement that people from DC office have local office in the locality

7.10.3 Meeting in Parbotipur By Pass: 10th March, 2008

More than 60 primary stakeholders and some public representatives were present in the meeting. Salient features of the discussions are:

• Most of these stakeholders are squatters on RHD land. They know about the entitlements for the PAHs, but nore sure about it, as they did not receive this kind of compensation before • These squatters are not sure whether they will get this compensation before eviction • They are concern about the compensation that they will be scattered after leaving this place and not sure where they will go. They want to make sure of receiving the entitlements ahead of time as they can make plan and utilize the money for better living • They are concern about the season like rainy or dry as most of them live in thatched house and may be move to another chached house and their livelihood is very much related with agriculture production in the locality • It is confirmed that female headed households and other vulnerables will get special grant as well as IGA training • They would like to live within vicinity even after leaving this place as their livelihood is very much related with the local economy

7.11 Outcome of Group Discussions

Group discussions and social interactions made at different locations of the project corridor revealed that people are in favour of the project. Some of the salient points are noted below.

• Majority of persons attended meetings expressed their opinion in favour of cash compensation at such rate that can match out their all kinds of loss. • The business community, in general, except Fulbari area, believe that improvement and widening of the road will help their business to grow steadily. They are ready to bear the trouble of relocating their shops and most of them argued against construction of bypass of the market places • The Chamber of Commerce and Industries at Panchagarh believe that the proposed improvement of Panchagarh -Banglabandh road will bring about significant economic development of the region through increased foreign trade with India along this corridor. They are also optimist • On the negative side, they have apprehension of inordinate delay in payment of compensation. Some of them even raised allegation of claim of bribe during payment of compensation. However, they do expect that implementing agency will draw

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appropriate Rehabilitation Action Plan and people friendly Implementation Programme.

• The instant project will bring about positive social change. It is by all probability improve accessibility of the project area. Road network along with transportation facilities will improve, leading to increased access of agricultural produce of the area to urban markets. Improved road will lead to Improvement of health care facilities, community facilities, improved infrastructures for higher and technical educations and increasing employment opportunities are some of the benefits, those may be accrued on implementation of the project. All these will lead to overall development of the project area gradually. It is well appreciated that the project will bring about a positive change in the economy of the project area within a short span of time.

• At markets, all the participants suggested for lay-by space to be used as bus stop. • They also suggested for clear demarcation of the Right of Way (RoW) and decision on its use by the public.

66 Road Network Improvement and Maintenance Project-II The Entitlement Matrix CHAPTER- 8

RESETTLEMENT ACTION PLAN

8.1 Introduction

The primary objective of Resettlement Action Plan (RAP) is to provide guidelines for compensation payments for project affected properties (including common properties) and persons in order to prevent their impoverishment (likely to be created) by the project, and wherever possible, to provide support services to sustain or improve their socio- economic conditions or at least to restore them to pre-displacement level.

It is revealed from field survey that about 1.78 million sq.ft structures (all types) are located in the Right of Way (RoW) on different segments of the project corridor and as such these are potentially affected properties. Moreover, about 3964 persons will be displaced in the process whereby about 20138 people (family members) will be affected. RHD has already appointed CCDB as INGO for this project. All the affected properties and people are already listed through census in August-September 2007. Cut off date for listing the losses has been declared with the completion of census in each segments of road. Bangla translation of the brochure on entitlements is in the process to disseminate among the affected people. The INGO is also preparing the entitlement cards for each entitle person to prevent the fraudulent claim, more specifically for the non title holders. The field workers of INGO is helping the local DC offices to serve the notice No.3 to the legal owners of properties. Joint verification (JV) has been completed in some segments of the project area.

In addition to affected private properties as aforesaid, about 229 common properties, like, mosque, temple, graveyard, school, colleges, etc will also be affected on implementation of the project. Thus two sets of affected properties – privately owned and common properties would come under the purview of the instant Resettlement Action Plan. However, the instant resettlement action plan is designed to suggest mitigating measures to deal with negative social impacts being generated during implementation of the project.

8.2 Scope and Coverage

The resettlement of Project affected households in Bangladesh, generally encompasses three broad activities:

i) Payment of cash compensations following the guidelines issued by the Government of Bangladesh, (GoB) and ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practice (1998) ; ii) Relocation (on payment of land value) of Project affected households who loss homestead and /or business enterprises in a contiguous/cluster form of recognizable size; and iii) Helping the Project affected households in their social and economic rehabilitation at the place of relocation.

These three resettlement options could not be equally applicable to all types of project. In this road development project under RNIMP-II, consisting of 6 road segments, the Project affected households are scattered over 241.47 km road length, and as such it would be difficult, if not impossible, to relocate the Project affected households living at different locations of such a long project corridor. To overcome the problems:

- all the affected persons will be compensated in accordance with the GoB and ADB policy guide lines: - the vulnerable PAHs will be provided with training for IGAs and special capital grant: and - the interested PAHs will be linked with the NGOs operating in the areas for poverty alleviation.

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In this part of the report we will present a short note on ‘Need for Resettlement Action Plan’, legal instruments on government policy for Land Acquisition and Resettlement, Guidelines of Donor/Funding Agencies on resettlement, basis of present resettlement plan, policy prescription for Compensation and Resettlement Framework and a proposal for Resettlement Plan and action programme, which will indicate operational mechanism of mitigating measures of each negative impact separately. Moreover, a tentative cost estimate for implementation of Resettlement Action Plan has also been incorporated in this chapter.

8.3 Nature of Impacts and Needs for Resettlement Action Plan

Land based development projects generally displace people involuntarily from their place of work or place of residence or means of livelihood and thereby create situation leading to severe physical, economic, social and environmental problems. The displacement also affects production systems, de-links income sources and productive assets, reduce access to employment opportunities in a new socio-economic environment, etc. Relocation of the families weakens the community structure and social network of kinship, mutual assistance, cultural identity, traditional authority etc. This may cause long-term hardship, impoverishment and environmental damage unless the resettlement and rehabilitation is carefully planned and implemented with appropriate mitigating measures. Table-8.1 illustrates the impacts and risks of loss caused by a project on the Affected Persons (Affected households): Table - 8.1 Impacts and Risks of Loss Caused by a Infrastructure Development Project Type of Losses Impacts and Risks

Land - Privately Owned • Loss of plot or frontage of structures due to • Loss of income from agricultural and commercial acquisition of additional land activities, including fisheries and fruit trees • Loss of agricultural land/water bodies for natural • May cause disruptions on existing landholdings and and cultured fisheries due to additional area for resource use RoW and temporary/permanent working area • May make the farm size uneconomic • Loss of perennial crops, such as fruit trees • The affected person does not get land to purchase • The affected person spends the compensation money for other needs • The homestead size becomes smaller, and sometimes does not meet the requirements • Homestead to the relocated place, takes long time to reach the previous standard/facilities Structure - Commercial • Loss of permanent/ temporary Small and Medium • Disruption in income loss from business Enterprise (SME) structures due to RoW and work • May cause negative impacts without alternative sources area acquisition of income • Loss of structure and/or frontage of small industries • Loss of income from mills/factory (e.g., rice mills) due to acquisition of additional land • Loss of work/ employment by workers for RoW • May cause adverse impact without assistance Structure - Residential • Loss of housing by owners of private structures due • Lack of housing and living quarters by affected to acquisition of additional land households • Loss of residential structures by tenants due to • Shifting of structure to the relocation suffer serious RoW and working area acquisition damage in the process • Sometimes the AP feels to restart the business at the relocated place and in the process of shifting and restart, a part of the capital is eaten away • Unemployment of wage employees at a new place leads to serious sufferings of their families Livelihood • Loss of business by owners due to dislocation • Reduced income from business • Loss of workdays/ income by wage/ employees • Reduced household income • Lack of income to support family • Serious hardship of the wage earners at the new place Social Infrastructure/ Civic Amenities • Loss of social infrastructure/ civic amenities like • Impact on the quality of social life religious place, libraries, etc. due to additional area • Lack of social benefit from community life for RoW or eviction from the existing RoW

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To address all the above mentioned problems and dislocations, a detailed Resettlement Action Plan (RAP) has been prepared incorporating some mitigating measures to encounter the negative social and economic impacts so that the affected persons could maintain their economic and social standards during and after the project implementation at least to pre-project level.

To be specific, a good number of PAHs will lose land and /or homestead, and all of them will be compensated in the following ways:

• market value of land (MARV) as determined by PAVT, • 25 percent of MARV for development of new homestead, • compensation for trees/perennials and crops • for tenant farmers they will get the value of annual loss of crops • grant for shifting household inside materials, • grant for social dislocation, • market value of the structures, • all salvageable materials of the structures free of cost, and • structure transfer and reconstruction grants as a token gesture of good will. Similarly those who will lose business on RHD land will get, • market value of the structures, • all the salvageable materials of structures free of cost, • structure transfer and reconstruction grants as a token gesture of good will, • business loss equivalent to 3 months profit, and • for employees, three months salary. Those who will lose business on own land, in addition to the above heads will get • market value of land and • 25 percent more for land development and relocation. • Vulnerable PAHs will receive special grant, IGA training by one member of the household • Arrangement will be made to reconstruct/relocate all the affected common/community properties in co-ordination with the community people In the Entitlement Matrix, compensation and rehabilitation packages have been proposed for all types of losses for encountering the negative socio-economic impacts due to involuntary acquisition of lands, displacement of the people and losing their livelihood. Both the ADB’s policy guidelines and GoB’s responses to the needs of PAHs are highly ellaborate for mitigating the losses, which have been reflected in the Entitlement Matrix.

8.4 Bangladesh Land Laws for Development Projects

The first law on the land acquisition in the sub-continent was promulgated in 1870. It was amended by the Land Acquisition Act, 1894 (Act I of 1894). While the land acquisition act of 1894 remained enforce, the East Bengal (Emergency) Requisition of Property Act was promulgated in 1948 after the partition of India. The 1948 Requisition of Property Act was extended from time to time and finally modified by the Ordinance of 1982, namely, “The Acquisition and Requisition of Immovable Property Ordinance, 1982”. This ordinance provided certain safeguards for the owners as far as payment of compensation is

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concerned and also against wastage and misuse of land. The said Ordinance was amended in 1993 by The Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1993 whereby Sec-8 (2) of 1982 Ordinance was amended to the effect that the concerned Deputy Commissioner shall award additional 50 per cent of market value of the property instead of 20 per cent additional payment as stipulated in earlier Ordinance. Again, a number of provisions under the said Ordinance were amended in 1994 and eventually “The Acquisition and Requisition of Immovable Property (Amendment) Act, 1994” came into existence. Mention may be made that some Rules have also been framed under the said Ordinance and Act to facilitate the operation of different provisions related to land acquisition.

As of now, the owners are awarded with compensation money by the DC for acquired property on the basis of its registered market value. The market value of the property (land, structure, pond etc.) is assessed on the basis of average recorded value for preceding 12 months, in addition, a sum of 50 percent premium on the market value. This value is known as Cash Compensation by Law (CCL). The affected persons are also to be compensated for loss of standing crops, trees, perennials, and fishes as assessed by DC. When any property acquired contain any standing crops cultivated by the bargadar/tenant (having seasonal customary right), such portion of the compensation as may be determined by DC for the crops shall be paid to the bargadar in cash. This law does not permit the affected persons to take the salvageable materials for which they are being compensated. However, places of worship, graveyard and cremation grounds are not to be acquired for any purpose, unless the need is highly unavoidable. In case the entitled person does not contact to receive compensation or there is no entitled person to receive it, or there is any dispute as to the title to receive, the rule says that the compensation shall be deemed to have been paid and the land shall stand acquired.

As regard disputes in fixing the rate of compensation, there are provisions to go for arbitration and subsequently to an Arbitration Appellate Tribunal where the compensation earlier decided can be revised up to 10 percent at each stage. But the most important point of this law which goes against the interests of the affected households is that, although it guarantees payment of compensation, in practice it does not ensure payment before appropriation of assets. Under this law, people have limited scope to negotiate with the government on the price of land, but have no right to refuse acquisition. Under the 1982 Act the government is obliged to pay compensation only for the assets under acquisition and then hand them over to the requiring body. Under this law the government has neither any obligation to resettle the affected person nor any provision to restoring their income. Non-titled people are not covered under the 1982 Act. But if someone lives in a private homestead with formal permission, compensation is generally paid to the owner for the structure only and not for the land. Under the provisions of the Land Acquisition Act 1994 the government of Bangladesh is liable to compensate the project affected persons of the following types:

• Compensation for loss of land by owners only; • Compensation for houses and structures affected; • Compensation for loss of crops, trees and perennial; and • Compensation to sharecroppers, if applicable.

8.5 Donors’ Guidelines to Draw Resettlement Plan

All the donor agencies including, ADB, WB, JICA have broad principles to minimize displacement, and require time-bound action plans with measures to restore or improve incomes of those unavoidably affected by development project. ADB’s poverty reduction strategy (1999) reinforces the importance of mitigating the risks of displacement, and taking steps to improve the conditions for the poor and the vulnerable groups in particular. The Donors’ requirements for resettlement through their policies and plans are (i) avoiding involuntary resettlement where feasible, (ii) minimize resettlement where population displacement is unavoidable, and (iii) ensure that displaced people receive

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assistance so that they would be at least as well off as they would have been in the absence of the project. The following are the major elements of the policies:

(i) Involuntary resettlement and loss of means of livelihood should be avoided where feasible by exploring all viable alternatives; (ii) Where population displacement is unavoidable, resettlement plan should be developed by taking effective measures to minimize impacts and provide compensation for all losses ; (iii) People unavoidably displaced should be sufficiently compensated for their losses at full replacement cost and assisted by project component, so that they would be enable to improve their economic and social condition or would be able to restore it as favorable as it would have been without the project; (iv) Resettlement and rehabilitation program should be conceived and executed as development program, resettles should get the opportunity to share the project benefit; (v) People affected should be informed fully and consulted on minimizing impact, resettlement and compensation options must be agreed upon with the people affected; (vi) Appropriate participation by the affected households and their communities must be promoted in the planning through implementation and monitoring of resettlement plan; (vii) Existing social and cultural institutions of resettles and their hosts should be supported and used to the greatest extent possible, and re-settlers should be integrated economically and socially in host communities; (viii) The absence of a formal title to land by some affected groups should not be a bar to compensation, particular attention should be paid to households headed by women, children, elderly and other vulnerable groups, such as disabled, ultra poor, indigenous people and ethnic minorities, and appropriate assistance to be provided to help them to improve their status; (ix) The full cost of resettlement should be included in the presentation of project costs and benefits; and (x) Costs of resettlement and compensation will be considered for inclusion in loan financing for the project. Involuntary or development-induced resettlement, therefore, needs to be an integral part of project design covering compensation for lost assets and loss of livelihood and income based on full replacement cost and paid in timely manner. The affected persons must receive assistance for relocation including provision for relocation sites with appropriate facilities and services. Finally, resettlement management should be perceived and executed as a development project with appropriate participation of the affected households and community. The donor agencies are highly concerned about the losses and sufferings of the project affected persons in land based development projects and have suggested the followings in formulation, planning and implementing the projects. o Involuntary resettlement should be avoided or minimized; o Involuntary resettlement should be conceived and executed as development programs; o Community participation in planning and implementation is essential; o The absence of legal titles to land by socially marginal groups should not be a bar to compensation; and o Women’s needs and constraints should be effectively addressed.

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The resettlement issues were further strengthened in ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practices (1998). The four major issues in the guideline are: • The displaced person should be enable to reconstruct a land-based or employment based productive existence; • They should be compensated for their losses at replacement costs; • They should the assisted with the move and during the transition period at the relocation site; and • They should be assisted in their efforts to improve their former living standards, income earning capacity and productive levels, or at last to restore them.

8.6 Basis for Resettlement Policies

The acquisition and requisition of land for the Road Network Improvement and Maintenance Project-II (RNIMP-II) done under the legal framework of the 1982 land acquisition ordinance and the corresponding amendments of 1993-94. But resettlement of the project-affected persons is based on the Policy of Bangladesh Government and the ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practices (1998). The Deputy Commissioner of the concerned district being the land acquiring body has the legal responsibility to assess the loss of properties, determine the market price for those and to pay compensation to the persons entitled to, as prescribed under law (Cash Compensation by Law, CCL), and hand-over the land to the requiring body ( RHD in this case).

The Land Acquisition Ordinance (LAO) has some limitations in the process of valuation of properties and payment of compensation under law that sometimes create problems. The most serious among them is the determination of cash compensation for land on the basis of registered sale deeds which are undervalued substantially in order to avoid stamp duty. In-spite of the recent amendment enhancing the premium from 20 to 50 percent, as assessed by the DC office, the compensation is still insufficient to buy a replacement land from the open market. Besides, assessment of values of structures, trees and crops as per rates provided by the Departments of Public Works, Agriculture and Forest tends to fall behind actual replacement values at the time of payment of compensation. At the same time, there are scopes to manipulate the price by either party within the legal framework. There is no provision for resettlement of squatters and persons living in others including GoB land. The deficiencies in the existing legal framework for land acquisition were pointed out and remedial measures have been suggested by several studies. The donors’ guidelines for resettlement of Project affected households commonly urge for a fundamental principle of restoring the overall socio- economic condition of the affected persons as far as possible, if not improved.

All these called for a more humane approach in dealing with persons displaced involuntarily by an infrastructure development project. This has created a condition for designing a Resettlement Action Plan for the Project affected households of Road Network Improvement and Maintenance Project on the basis of ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practice (1998), the land acquisition laws and the assessment of losses of the project affected persons through a detailed socio-economic survey to ensure that people affected by the project can at least restore their quality of life to pre-project level.

According to the location and nature of activities within the RoW of Road Network Improvement and Maintenance Project, following additional entitlements are suggested to be offered along with the CCL compensation:

72 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

• Grant over and above the Cash Compensation by Law (CCL) + premium to cover the actual costs of replacement land in the form of Maximum Allowable Replacement Value to be determined through commissioning a Land Market Survey by an independent body (here it is PAVT); • Grant to cover a part of the total cost to be incurred for the replacement of homestead land for all the displaced households owning no land, i.e., squatters and utholis as a token gesture on behalf of the Government of Bangladesh; • Cash grants to cover transfer and rebuilding houses and business premises; • Cash grants to cover loss of tenant contract farming or yearly wage employment; and • Cash grant to cover loss of income from displaced commercial/industrial activity; • Special grant to vulnerable households.

8.7 Rationale for Compensation and Resettlement Framework

The Rehabilitation & Resettlement framework has been prepared based on the following principles:

• Affected/displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;

• Affected/Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. This will be inclusive of full replacement cost for losses of assets attributable directly to the project, assistance during relocation, residential, commercial sites agriculture sites, transitional and subsistence allowance;

In consideration of types of losses (affected properties) as documented in chapter 6 and in conformity with the policy of Bangladesh Government and the Guidelines of Asian Development Bank on Resettlement a resettlement framework for this project has been worked out as detailed below:

1) Land Acquisition plan will be carried out in a way that will minimize the adverse impact on the Affected households. This will be done in consultation with people to be affected 2) Affected households will receive the replacement value of land and other assets before relocation. Likewise, loss of standing crops and productive trees will be compensated at market price. 3) Owners of residential/ commercial units will be compensated at replacement costs. Renters/lease holders affected by loss of living quarters or business premises will receive compensation due to indirect impact of the project. 4) Affected community structures or common property resources will be re-built or replaced at market prices under project financing. 5) Affected households will receive assistance to re-establish/regain lost assets or livelihood. 6) The needs of women and other vulnerable groups will be identified and provisions will be made for social development support, employment, and means of subsistence to improve their status/livelihood.

73 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

7) Resettlement sites will be developed, whenever possible with civic/ social infrastructures to resettle the affected households, especially for the existing and potential landless people; business losers within proximity to their community as well as good network and employment opportunity. It is worth mentioning that for the instant road project it is extremely difficult, though not impossible, to arrange resettlement sites for project affected households as they are scattered over 240 kilometers of road length. It is worth mentioning in this context that more than 70 per cent of respondents (affected households) opted for quick cash compensation during socio-economic survey. 8) The INGO will assist the affected households and owners of business in all aspects regarding relocation and resettlement. The EA (through resettlement unit) will involve all stakeholders in the decision-making process concerning relocation and resettlement. 9) The Project Management Consultant will guide, supervise and monitor the land acquisition, compensation payment, and resettlement of the Affected households, including grievance redressal and resolution of disputed claims for compensation.

10) External monitoring and evaluation agency will be commissioned for annual, mid- term and end-term monitoring and evaluation of these activities. The monitoring agency/consultants will be selected within 3 months of loan effectiveness.

The Compensation/Resettlement Framework contains the following packages, which are designed to cover compensation for lost assets and restore or enhance the livelihoods of all categories (direct, indirect, title holders and non-titleholders) of affected households (Table – 8.2 ).

74 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

Table - 8.2

Compensation/ Resettlement Framework and Beneficiaries Sl. Compensation Packages Beneficiaries No 1. • Replacement agriculture land/cash value titled owners ¾ Households affected by loss of agricultural by DC office land • Additional cash grant based on MARV to match market ¾ Households affected by loss of agricultural value of the land land 2 • Cash grant in Tk. (to be assessed from type of crop ¾ Cultivator/tenant/share croppers affected by production and return from one year harvest) for the land acquisition for RoW loss of access to land by cultivator/tenant/sharecroppers/ 3 • Compensation for crops, trees, perennials and fish ¾ Households affected by loss of ponds by DC office crops/trees/ponds-fish ¾ Tenant farmers to receive 50% of the • Additional cash grant to match market value of the compensation for crop loss (if applicable) asset (if applicable) 4 • Replacement house plots in resettlement sites/cash for ¾ All homestead/house plot owners affected homestead land (by owners) at market value by the project 5 • One time cash grant for alternative housing to Affected ¾ Renters, leaseholders, squatters affected households without titles to homestead land/structure by the project 6 • Cash compensation for residential/commercial ¾ Households/CBEs (owners only) affected structures at replacement cost/commercial plot in by the project resettlement sites • Cash compensation to owners/renters/non-title ¾ One-time cash grant to CBEs to re- Commercial & Business Enterprises (CBEs) for loss of establish business commercial premises by CBEs 7 • Transfer/Shifting cost for relocation ¾ All Affected households(renters/squatter included) to assist in the relocation • Additional Assistance to female headed/vulnerable ¾ Female headed /vulnerable households to households hire labourers lands/structure for relocation 8 • Cash /credit /skill training assistance for income ¾ All affected households/CBEs employees restoration and indirectly affected persons for loss of • Skill training programme with cash grant to vulnerable work, income and business households ¾ For cash grant the beneficiaries are vulnerable households, and for skill training both the vulnerable households and job • Roadside plantation and Social Forestry Program losers of CBEs • Employment/job opportunity in the project works by the ¾ Vulnerable groups such as women and contractor landless people for alternative income • Equal wise rate for male and female labourers generation program ¾ One member of each PAH, depending on availability, according to his/her skill as required by the contractor 9 • Reconstruction of community facilities (like school, ¾ All partial and fully affected community mosque, temple, church, madrasa etc.) or resource facilities will be reconstructed in affected by the project consultation with affected communities 10 • For this linear land acquisition and dislocation of people ¾ Those who will lose homestead and/or in different locations, resettlement sites will not be commercial land developed but cash compensation will be given to all the PAHs as opted by them 11 • Social Development Fund to assist restoration of ¾ Affected households with special attention income and livelihood in post-resettlement period to female households and other vulnerable groups and those under the official poverty line. 12 • Market value of the structure, all the salvageable ¾ Utholis and all other occupants of RHD land materials of structures, STG, SRG, grant for shifting of inside materials, special grant if vulnerable, and social compensation. Note : The compensations will be free from all types of GoB taxes.

As per prevailing practice in Bangladesh, the Affected households will not only receive cash for land and other assets at the market price, many additional measures have been proposed in the RAP, for example, shifting or moving allowance, allowing to take away salvageable materials of structures and trees, assistance to owners of business, assistance to female-headed and vulnerable households, income restoration and social

75 Road Network Improvement and Maintenance Project-II The Entitlement Matrix

development program - to help the affected households in regaining or improving their lives in post-resettlement period.These entitlements are further explained in Section– 8.8.

8.8 Issues to Resolve in Resettlement Action Plan

The Resettlement Action Plan (RAP) has been prepared by taking into account the data generated through field census of all the PAHs, field visits, meetings with different level of stakeholders, participatory rapid appraisals, focus group discussions and comments from the grass root level people in the meetings organized by the study team. It has outlined some remedial measures for mitigation of adverse impacts of the project. The major issues addressed in this RAP are:

(i) the extent of losses; (ii) the policies and legal framework applicable; (iii) horizons of provisions for compensation payment, relocation and income restoration programs; (iv) provisions for resettlement of vulnerable project affected persons losing house and business; (v) provisions for re-establishment of community owned properties; (vi) provisions for facilitating/helping the vulnerable, indirectly affected and post project affected persons in re-establishing their incomes and (vii) responsibilities of Resettlement Unit (RU) and others in delivering and monitoring the implementation measures.

8.9 The Entitlement Matrix

While the detailed entitlement matrix is being worked out in due consultation with Project Affected Households (PAHs), a broad outline of the nature and extent of Resettlement & Relocation Package is indicated below.

(i) The affected shop should be provided with shifting cost along with a compensation for loss of income during transition period. (ii) The affected common properties including place of worship will have to be shifted to suitable locations for which land acquisition will be made. The costs associated with acquisition of land and construction works will be charged to the project. (iii) The shifting cost including construction cost, land acquisition cost, if any, in respect of semi-public properties will be charged to the project. (iv) In cases of affected houses and business enterprises in private land, the cost associated with their rehabilitation will be charged to the project. The amount to be charged for land development for relocation will be 25% of the market value of land. (v) The compensation will be exempted from all taxes, and the salvageable materials of trees and structures, etc will be given to the EPs free of cost. Following the policy guidelines of Government of Bangladesh, ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practices (1998), one Entitlement Matrix has been prepared and detailed below (Table- 8.3). It encompasses some basic and essential elements of compensation, like, nature of affected property and suggested type of compensation, persons entitled to such compensation, issues to be decided at the time of implementation and the concerned implementing agencies.

76 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Table – 8.3 Project Affected Properties, Proposed Compensation Package and iIs Implementation Programme Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies 1. Homestead, 1.1 Legal owners of 1.1 Cash Compensation by Law 1.1 Finalization of the list of Project 1.1 The DC’s office will finalize the list agriculture land according to (CCL) as per valuation of DC affected households who have with the help of INGO and all other the deed title office lost land 1.2 RHD will place the fund with DC types of land verified by DC office 1.2 Difference between the 1.2 Placement of compensations, office for CCL, and INGO for (Joint Verification Maximum Allowable fund with the DC & INGO offices beyond CCL Team, JVT) Replacement Value (MARV) and 1.3 Land owners and other PAHs will 1.3 The INGO through, circulation of CCL when CCL is lower than the be informed of the details of RAP booklets, pottering and meetings replacement value contains and implementation etc 1.3 Additional grant of 10% MARV in 1.4 Considering the factors those 1.4 The committee formed by DC- case of siverance of agricultural influence the land price the PAVT RHD offices for the purpose (detail land as siverance grant will determine the land category- is in 9.17) 1.4 Stamp Duty and registration cost wise current market price of the 1.5 The concerned section of DC’s to be incurred by EPs for land acquisitioned land office purchase, the maximum amount 1.5 Payment of compensation under 1.6 The implementing NGO with the of purchasing land will be the Cash Compensation by Law approval of PD, RHD proportional to MARV as per 1.6 Payment of land price margin 1.7 The implementing NGO with the government rule, and will be between the current market value approval of PD, RHD applicable to all who have lost and CCL 1.8 The INGO with the approval of land and will purchase within one 1.7 Payment of Stamp Duty and PD, RHD year of receiving final payment of registration cost to those who 1.9 The INGO with the approval of compensation. In case of expire have lost land PD, RHD of INGO tenure the stamp duty 1.8 Transition allowance for the loss 1.10 The INGO with the help of GRC or will be paid by RHD. of crop land other committees 1.5 For loss of crops, vegetables and 1.9 Assistance / help to the Project 1.11 The implementing NGO must fruits, the compensation package affected households in problems, explain the easiest process is in Serial Number 13. especially on determination of receiving compensation in both 1.6 For Homestead, Commercial and land title and maintaining other the situations Common Properties land, the official formalities 1.12 To be solved by the DC office and incumbents will get land 1.10 Advice on receive of compensation within and beyond development grant (number 17 compensation money by so many CCL will be paid by DC and INGO of 1st column) persons when the land is in the offices respectively name of late father or grand father. The advice must cover the situations of including and excluding relocation for loss of homestead 1.11 Payment of compensation for

77 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies usufractuary ownership

2. Structures of 2.1 Legal owner 2.1 Cash Compensation under Law 2.1 Final numbering of all the 2.1 DC office with the assistance PAVT all types: according to the (CCL) to be determined by DC affected structures by Census and PWD house, deed title of land on office 2.2 Classification of the structures 2.2 To be done by the INGO business, etc which the structures 2.2 Difference between the into the categories of thatched, 2.3 DC office with the assistance of on private or are constructed to Maximum Allowable kucha, semi pucca and pucca PAVT and PWD public land: be identified by the Replacement Value (MARV) 2.3 Category wise measurement of 2.4 DC office with the help of PAVT authorized or Deputy and CCL when CCL is lower floor space of the structures and PWD unauthorize Commissioner office than the replacement value 2.4 Calculation of amount of 2.5 RHD and INGO and Joint compensation money 2.6 RHD and INGO Verification Team 2.3 The Project affected households 2.5 Determination and payment of (JVT) will be allowed to take away the STG money salvageable materials within the 2.6 Determination and payment of 2.2 Owner of the time to be specified by RHD free SRG money unauthorized of cost structure to be 2.4 An amount equivalent to 5 identified by Joint percent of the MARV will be Verification Team given to each PAH as Structure (JVT) from the list Transfer Grant (STG) 2.5 An amount equivalent to 5 prepared through percent of the MARV will be socio-economic given to each PAH as Structure census Reconstruction Grant (SRG) 3. Social 3.1 All those will lose 3.1 Tk. 10,000 to each PAH 3.1 Preparation of final list of Project 3.1 List will be finalized by the INGO dislocation of homestead including Utholis and squatters affected households who will lose 3.2 Will be done by the RHD-INGO those who will including Utholis homestead 3.3 RHD - INGO in absence of CCL, lose and squatters 3.2 Estimation of amount of social the amount will be paid in the way homestead compensation suggested under and need 3.3 Payment of social compensation ** For the illegal unauthorized relocation residence on others land if the including the Project affected households are illegal not entitled to CCL, the total occupants of entitled amount will be given to public land them by RHD through the INGO 4. Loss of trees 4.1 For private land, 4.1 Cash Compensation by Law to 4.1 Project affected households wise 4.1 To be done by the DC’s offices and other fruit legal owners as be determined by the DC office count of number trees under 4.2 To be done by the INGO plants identified by the DC 4.2 Difference between the fruits, wood and unclassified in 4.3 INGO under the guidance of JVT including the office and for Maximum Allowable the categories sampling small 4.4 To be done by the JVT with the trees in RHD owners on RHD Replacement Value (MARV) medium and large assistance of personnel from land occupied land it will be and CCL when CCL is lower 4.2 Counting of fruit plants like forest and horticultures by squatters identified by JVT banana, papaya and of the type departments

78 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies than the replacement value 4.3 Fixation of amount of 4.5 DC office, JVT and RHD (If the compensation in accordance with squatters can not protected under 4.3 The owners will be allowed to type and size CCL, an equal amount will be take away the trees within the 4.4 Payment of compensation to the given to them by RHD through period specified by RHD free of Project affected households INGO) cost 4.5 Last date cutting / selling the 4.6 RHD, INGO and Project affected 4.4 As fruit compensation for fruit affected trees households/persons bearing trees, the value of fruits 4.6 Determination of the value of fruits 4.7 RHD through the INGO will be determined by PAVT by PAVT for one year 4.5 For trees in RHD land under individuals’ ownership, they will be allowed only to take away the trees free of cost 5. Loss of hand 5.1 Legal owner of the 5.1 Compensation to be determined 5.1 Counting of numbers of tubewell 5.1 To be done by INGO and JVT tubewell tubewell by the PAVT at the rate under private ownership 5.2 To be done by MVSC/JVT through including the mentioned in RAP, 5.2 Estimation of cost of pipes and the Department of Public health tubewells on 5.2 The owner will be allowed to take head, sinking and pucca floor, etc 5.3 DC office or RHD through INGO private/RHD away the salvageable materials 5.3 Payment of compensation to the 5.4 RHD – INGO – Project affected land of tubewell within the period Project affected households households/persons specified by RHD free of cost 5.4 Fixation of last date for uplifting the hand tubewell by the owner project affected households/persons

6. Dis-connection Affected households 6.1 Tk. 2,000/- for having new 6.1 Preparation of final list of the 6.1 The INGO of electricity having connection of electricity households availing of the facility 6.2 The INGO connection of the facility consulting the RAP report 6.3 The RHD and INGO 6.2 Estimation of budget requirement 6.4 The INGO and placement of demand to RHD 6.2 Release of fund by RHD to INGO for disbursement to the concerned Project affected households 6.3 Disbursement of compensation to the concerned Project affected households through account payee cheque 7. Loss of toilet Those who have toilet 7.1 Tk.1,000 for each Kucha toilet 7.1 Finalization of the list of 7.1 DC office and INGO facility in the house 7.2 Tk.4,000 for each Ring toilet households having toilet, 7.2 DC office and INGO 7.3 Tk.10,000 for each Sanitary toilet category wise 7.3 DC office and INGO 7.4 Estimation of budget and 7.4 DC office and INGO placement of demand for money

79 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies to RHD 7.3 Fund release by RHD to INGO for payment compensation 7.4 Confirmation of payment to the concerned Project affected households 8. Loss of 8.1 Legal owner of the 8.1 An amount equivalent to 3 8.1 Preparation of final list of 8.1 To be done by the INGO business on business months net income as recorded business enterprises 8.2 As assessed in the RAP to be own or others against the owner’s name by 8.2 Estimation of the operating capital finalized by the INGO with the land: SES, but not exceeding Tk. of each business enterprise help of PVAT authorized or 24,000/- 8.3 As assessed in the RAP to be 8.3 As assessed in the RAP to be unauthorized 8.2 Amount of Tk.1,000 be given to finalized by the INGO with the finalized by the INGO with the each PAH for shifting of business help of PAVT help of PVAT materials. 8.4 INGO with direct participation of 8.4 INGO with direct participation of RHD RHD 8.5 RHD through the INGO 8.5 RHD through the INGO

9. Loss of 9.1 Employees of 9.1 Tk.9,000 considering equivalent 9.1 Finalization of the list of 9.1 The INGO with the help of employment business to three months pay as wage employees/helpers family committees formed for RAP excluding the enterprises labour at the rate of Tk.3,000 per member on the basis of RAP implementation owner or including the month information in Annex-5.5 with 9.2 The RAC with help of RHD-INGO employer of helpers but not the addition of missing enterprises if 9.3 All the cheques should be signed business owner any by RHD and INGO officers and enterprises and 9.2 Opening of bank accounts disbursed by the INGO Those who are 9.3 Payment of compensation money engaged in share through account payee cheque cropping or tenant farming 10. Shifting of 10.1 Legal owner of 10.1 An amount of Tk. 1,000/- will be 10.1 Finalization of the list who will 10.1 To be done by the INGO household’s households given to each PAH who will lose lose home 10.2 To be done by the INGO belongings/ including the shelter 10.2 Estimation of the total amount of 10.3 To be done by the INGO with the inside tenants and compensation under this sub- approval of RHD materials squatters/utholies head 10.3 Disbursement of the compensation amount to individuals

11. Vulnerable Those whose 11.1 Tk. 7,000 as one time grant in 11.1 Use of RAP report for identifying 11.1 The INGO households households’ annual addition to other compensations the vulnerable households, and 11.2 INGO in consultation with the RAP those will lose income is ≤ Tk. 40,000 for male headed households collection of data for the missing report 80 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies homestead including the 11.2 Tk. 10,000 as one time grant in Reaffected households if any 11.3 INGO and RHD and home on households with addition to other compensations 11.2 Preparation of final list of entitled 11.4 Vulnerable Project affected RHD/GoB disable/handicapped for female headed households persons in categories mentioned households and INGO land and all 11.3 Male headed vulnerable in cl\olumn-2 11.5 INGO, RHD and Project affected others households with disabled 11.3 Placement of budget to RHD by households belonging to member will also get Tk. 10,000. INGO and release of fund by cronic deficit 11.4 Those who are willing to, will be RHD to INGO income group provided with skill training at 11.4 Opening of bank accounts by project cost. One member from the vulnerable for encasing the each vulnerable household will account payee cheques be able to avail this opportunity. 11.5 Disbursement of cheques to the vulnerable Project affected households.

12. Income Loss 12.1 Actual/Legal owner 12.1 An amount equivalent to 3 12.1 Identification of rented out 12.1 To be done by INGO from rented of the structure months rent but not exceeding structures. 12.2 To be done by INGO with the help out structure Tk.6,000 in total 12.2 Rent of structure per month of PAVT 12.3 Payment of compensation 12.3 INGO and RHD

13. Loss of one 13.1 Actual owner / 13.1 CCL for crop loss by DC office 13.1 Inclusion of the representatives of 13.1 PAVT year crops, cultivator of the and differential to reach MARV DAE/Horticulture/both according 13.2 INGO and RHD vegetables & crops and to legal owner to need in the PAVT 13.3 RHD, DC office and INGO fruits vegetables, etc. 13.2 For crops, Tk.250 per decimal 13.2 Estimation of the total amount of 13.4 DC office and INGO money needed to pay the 13.5 RHD and INGO 13.3 For vegetables, Tk.400 per compensations and placement of decimal demand to RHD 13.4 For fruits the compensation 13.3 Release of fund by RHD to INGO amount will be determined by and DC office the PAVT 13.4 Implementation of the payment of compensation by the respective agency 13.5 If the tenants can not be paid under CCL, then the fund will be placed to INGO and they will do the required job.

14. Loss of pond 14.1 Legal owner of the 14.1 Value of land as per CCL 14.1 Measurement of pond area will 14.1 PVAT/MVSC and INGO pond 14.2 Excess amount known as MARV be done by the DC office with the 14.2 CCL by DC office and PAVT,

81 Road Network Improvement and Maintenance Project-II The Entitlement Matrix Implementation Issues Types of Loss Entitled Persons Proposed Compensation Package Implementing Agencies 14.3 Cost of digging the pond assistance of INGO INGO and Project affected 14.4 Tk.300 per decimal of water 14.2 The MARV will be determined by households for MARV body to compensate for the loss PAVT and the excess will be paid 14.3 PAVT, INGO, DC office and RHD of present fish cultivation through the INGO 14.3 Estimation will be done by the PAVT with the assistance of INGO and if the ;payment can be done under CCL then the fund will be paced with the DC office, otherwise with the INGO 15. Common / 15.1 The users i.e. the 15.1 The managing committee will 15.1 Selection of sight location for 15.1 RHD and community Community community - the relocate it at the place desired by relocation 15.2 RHD and community Property managing the community and the 15.2 Quality construction must be 15.3 The RHD committee on compensation package = superior to the former one behalf of the MARV+25% of MARV for land community development 16. Skill training for 16.1 One member from 16.1 Financial support for skill training 16.1 Providing financial assistance 16.1 RHD and INGO vulnerable the PAHs who : not exceeding Tk. 8000 for one during training 16.2 RHD and INGO PAHs and want training from incumbent: Tk. 250 (Tk. 100 for 16.2 Linking them with NGO working those who will the groups food+Tk. 100 as wage+Tk. 50 for in the locality for training and have to change mentioned in 1st transportation) to each trainee credit profession column per working day and Tk. 3000 to specially the trainer NGO irrespective of the job losers of training period CBEs 17. Land 17.1 Owners of land 17.1 Homesteads : 25% above the 17.1 Determination of the affected 17.1 RHD and INGO Developmen market value of land area and its market value 17.2 RHD and INGO t for 17.2 Common Properties: 25% above 17.2 Determination of the value of 17.3 RHD and INGO Relocation the market value of land structure of 17.3 Determination of the affected Homesteads 17.3 Business Enterprises: 25% area and its market value , Common above the market value of land Properties and Business Enterprises

82 Road Network Improvement and Maintenance Project-II Resettlement Action Plan

8.10 Organisational Structure of INGO for Implementation of RAP

In RNIMP-II, Resettlement Action Plan is limited to payment of cash compensation only to the Project Affected Persons for individual cases, and replacement of the affected properties by RHD when it is owned by the community. In general, for paying the compensation to individuals, the process involves four parties :

i) Project Office of Roads and Highways Department; ii) Office of the Deputy Commissioner of the respective area for paying the compensations under CCL iii) An NGO appointed by the RHD project office for paying the compensation beyond CCL; and iv) Above all the project affected persons popularly known as PAPs.

For the RHD and DCs offices, they have their own Government approved structure (Organisation) for implementation of RAP. So, the proposed structure is only for the INGO keeping in mind that they will have to complete the RAP implementation before vacating the affected structures and taking over the possession of land by the implementing/ executing agency. The proposed Organizational Structure is based on following assumptions:

i) the payment of compensation to individuals must be completed at least 6 months before taking possession; ii) the procedures of paying compensation beyond CCL, must be simple and easy understandable to the Entitle Persons (EPs); iii) no where the office of INGO should exceed 15 Km from the PAHs located at farthest distance; iv) the field organizers must always be in close contact with EPs; v) the number of field offices for each road may be one, but it must have branches when the length of road exceeds 15 Km; vi) for better implementation, the maximum number of EPs to be covered by a field organizer should not exceed 300; and v) in between field manager and field organizer, there should be one field assistant for 4-5 field organizers.

On the basis of these assumptions the proposed Organisational Structure may take the following shape:

Field Manager

Field Assistant Field Assistant Field Assistant

Field Field Field Field Field Organizer Organizer Organizer Organizer Organizer

(For each field assistant, the number of field organizer may be 4-5)

Considering the assumptions and the proposed structure, a tentative estimate of man-power requirements for implementing the RAP has been made as detailed in Table-8.4.

Table - 8.4

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

Tentative Estimate of Man Power Requirements for Implementation of RAP Roadwise Some Basic Information for Organogram Bhaluka- Nand Panchaga Parbatipur Boda- Chittago Total Gafargaon- ail- rh- -Fulbari- Debiganj- ng- Kishoreganj Kisho Banglaban Madhapar Domar- Dohazar reganj dh a Nilphamari i Length of Road (15 (26.2 (240.4 (45.4 Km) (57.2 Km) (44 Km) (52.6 Km) Km) Km) Km) No. of PAPs 1094 130 381 405 1165 789 3964 No. of Field Office 2 1 1 1 2 1 7 No. of Branch Office 2 1 2 2 2 2 11 No. of Field Manager 1 1 1 1 1 1 6 No. of Field Assistant 2 1 1 1 2 2 7 No. of Field Organizer 4 3 3 4 4 4 22 No. of Data Entry 2 1 2 2 2 2 11 Operator Messenger 2 1 2 2 2 2 11 Watch Man 2 1 2 2 2 2 11

8.11 Institutional Arrangement

For speedy and smooth implementation of the project, suitable institutional arrangements are necessary to manage and implement the Resettlement Action Plan (RAP). Institutional arrangements required for implementation of Resettlement Action Plan includes capacity augmentation of RHD head office, RHD field offices, Deputy Commissioners offices appointment of INGO, formation of various committees like: GRC, JVT, PAVT, LIC, RAC, etc.

The flow chart provided below indicates the institutional arrangement and linkages of different institutions/ organizations involved in resettlement and rehabilitation plan of RNIMP-II. The Project Director at Head Office will function as the Chief Resettlement Officer (CRO). The CRO will be overall responsible for resettlement and rehabilitation policy guidance, coordination, planning, monitoring and reporting. Additional Project Director and secretarial staffs at Head Office will assist the CRO. At the field level, the CRO will be assisted by two Project Managers (PMs or (DCROs) and two Deputy Project Manager (DPMS or RO) and other field staffs. Besides, an NGO will be appointed for the implementation of resettlement plan. Further, an independent agency would be engaged to carryout monitoring and evaluation of the project. These agencies will work in close coordination with the Office of CRO, PMs, DPMs and Resettlement Officers. Since, the civil work in all the project roads are likely to start simultaneously; the project authority may be required to depute more staff to carry out the various activities related to resettlement and rehabilitation smoothly.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

Project Director (PD) ACE, RHD Additional Project R&R Office/Coordinator Director, RHD Environment and Resettlement Circle, RHD

Deputy Commissioner Project Manager, EE, RHD

JVT, PVAT, GRC, RAC Deputy Project Manager • Deputy Project Manager SDE, RHD • Land Acquisition Officer • Area Manager, INGO • Chaiman / Member of Union Parishad

Project Affected Households (PAHs)

Project Manager will be of the rank of Executive Engineer and look after the resettlement and rehabilitation component of the project as DCRO. Project Managers will be stationed at the PD’s office. One Deputy Project Manager will assist the Project Manager. The PD / CRO will monitor through APD, the progress of land acquisition and resettlement management and will also ensure co-ordination between various relevant offices, particularly the Office of Deputy Commissioners.

RHD will initiate the following activities to commence the implementation of Resettlement Action Plan :

• Establish field offices and depute requisite staff. • Select INGO having experience in implementation of R&R activities. • Orientation and awareness workshops for RHD staff likely to be involved in Resettlement and Rehabilitation. • Appointment of external monitoring and evaluation agency.

RHD will establish operational links with the Office of Deputy Commissioners for land acquisition. It will provide means & mechanism for coordinating the delivery of the compensation & assistance to entitled persons. It will also be responsible for disseminating the information to the public & provide opportunities for consultations.

8.11.1 RHD Head Office : Chief Resettlement Officer (CRO)

• Overall responsible for resettlement and rehabilitation works; • Interact and co-ordinate with Office of Deputy Commissioners to facilitate land acquisition and possession of land; • Co-ordinate the implementation of R&R activities with Head Office and field Office; • Appoint NGO for implementation of RP and M&E consultants for monitoring and evaluation;

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

• Ensure conducting resettlement training programs for staff for capacity building as well as field level NGOs and partner agencies capabilities; • Approve the micro plans prepared by the NGO; • Monitor the progress on R&R and land acquisition; • Monitor monthly progress report; • Guide staff of RHD, NGO & M&E agency on policy related issues during implementation; and • Ensure timely release of fund for R&R activities.

Resettlement Organization Chart

Project Director / Chief Resettlement Officer, RNIMP-II, RHD ADB

Deputy TL/DTL, DCSC TL, Resettlement PM/DCRO, RNIMP-I Consultant Implementing NGO Commissioner (Ex Engineer, RHD)

Social & Additional Deputy Commissioner Resettlement Specialist

DTL, Resettlement Implementing NGO RO / Deputy PM, Land Acquisition RNIMP-I 9SDE, Officer (LAO) RHD)

Area Manager Implementing NGO

GRC JVT PVAT RAC

Affected Communities (ACs)/Project Affected Persons (PAPs)/Entitled Persons (EPs)

CRO - Chief Resettlement Officer GRC - Grievance Redress Committee JVT - Joint Verification Team PVAT - Property Assessment and Valuation Team RAC - Resettlement Advisory Committee

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

8.11.2 RHD – Field Offices

The field offices will be headed by an officer of the rank of Executive Engineer called Project cum Deputy. Chief Resettlement Officer, Project Manager will coordinate with the Office of Deputy. Commissioner for land acquisition payment, possession of land clearance of proposed RoW, possession of land, etc. The Project manager will monitor all resettlement and rehabilitation activities and will be fully responsible for progress of civil works and project management. The DPM and Resettlement Officer will assist him in discharging his duties. The RO will deal in all matters related to resettlement and rehabilitation. Roles and responsibility of the Resettlement Officer would broadly include the following :

1. Liaison and provided requisite materials, papers, etc. to the Office of Deputy Commissioner for timely acquisition of land and payment of compensation; 2. To synchronize various activities related to resettlement and rehabilitation with construction schedule; 3. Ensure that entitled persons have received their due compensation and resettlement benefits; 4. Assist and advise DCRO and RO in matters related to R&R, 5. Ensure distribution of pamphlets of R&R policy by the NGO in local language; 6. Supervise the implementation of RAP carried out by the NGO and participate in activities carried out by NGO; 7. Interact with NGO and Construction Supervision Consultants Team (CSCT) on a regular basis; 8. Compile data related to R&R activities and update reporting officer and suggest suitable measures to be taken; 9. Review micro plan & monthly reports submitted by NGO; 10. Participate in regular meetings; 11. Ensure distribution of Identify card; 12. Attend meetings and participate in Grievance Redress Committee meetings for redressal of grievances; 13. Ensure budgetary provision for relocation, rehabilitation and reconstruction of CRRs; 14. Verify inclusion of affected persons who missed out due to some reason during the census survey; 15. Facilitate the opening of bank accounts of affected persons in local banks; 16. Organize disbursement of cheques to affected persons in public place to maintain transparency; 17. Liaison with concerned department for the inclusion of affected persons in income generating schemes of programs; 18. Maintain record of physical and financial progress on land acquisition and R&R activities; 19. Any other work that may be assigned from time to time by the CRO / DCRO / RO, etc.

The RHD field offices will be assisted by the INGO in performing their duties.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

8.11.3 Role of Deputy Commissioners’ Office(s)

The Deputy Commissioner (DC) has a key role in the implementation process RAP. He / she has the legal responsibility of acquiring land and paying compensation directly to the EPs as per the Acquisition and Requisition of Immovable Property Ordinance, 1982 and subsequent amendments made there under. Furthermore, he / she has access to official records and the Legal / Administrative authority for determining updated title of land and eligibility of EPs for Cash Compensation under Law (CCL) for land as well as several other assets, covered by the law. There is definite need to enhance the capacity of the officers of the concerned DCs offices through engaging additional senior LA staff to process the LA requests speedily and smoothly. The EA and the implementing NGO assisting the EA will work with the representatives of the DCs during Joint Verification of affected properties and the market survey of the properties for ascertaining current replacement value before budgeting for total compensation payable to the EPs. DC would be asked to appoint Special Land Acquisition Officer (SLAO) for project for each district. To facilitate the RHD as well as EPs each thana of the project area would be assigned one officer on deputation for helping in identifying the owners of the preparation and process the papers for the purposes. These would be in-charge of land records and revenue.

The conduct of these joint verification and market surveys and reconciliation of the ‘market value’ and ‘replacement value’ will require a great deal of mutual understanding among the DCs’ offices, RHD and the INGO. It is therefore, essential that the DCs accept the involvement of their representatives in Joint Verification and Market Surveys, budgeting of compensation, updating of the land records of EPs and in reconciliation of CCL with the additional compensation to be paid by the RHD through the INGO. The DC offices will receive funds for CCL from RHD for payment to the directly affected persons immediately to facilitate quick disbursement of differentials, if any, by the RHD through the INGO. Participation of the DC will be necessary in the host area meetings. Similarly DC’s intervention / assistance will be required in matters such as disposal of land ownership disputes, allotment of surplus land for construction of community properties, if necessary.

8.11.4 Resettlement Plan Implementation Agency (NGO)

Involuntary resettlement is a sensitive issue and experience in R&R matters is required to deal these matters. RHD has been involved in resettlement and rehabilitation of affected persons by involving NGO for quite some time now. Over the years RHD has gained experienced in dealing with the R&R activities . Similar approach would be adopted for handling the resettlement and rehabilitation activities in this project as well. Thus an NGO having experience in R&R activities will be engaged to assist RHD in the implementation of the RP.

The role of NGO will be of a facilitator. The NGO will work as a link between the Project Authority and the affected persons. NGO will educate affected persons on aspects related to land acquisition and R&R measures. Main responsibilities of NGO are as under : 1. Establish site office as per the contracts. 2. Collect Census and SES data sheets / Questionnaires from the Design Consultants Team (DCT).

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

3. Verification of each affected households within the proposed RoW as per the final alignment and corresponding RAP prepared by the DPR consultant. 4. Develop rapport with affected persons. 5. Contact DC and RHD for carrying out Joint Verification Survey (JVS) or Joint On-Site Inventory (JOSI) of the actually affected assets of PAH following final RAP. 6. Collection of LA Plans and land schedule/plot index approved by DC/Ministry of Land/Moc. 7. Prepare profile of affected persons. 8. Picture all affected structures within the proposed along with the owner member. 9. Help LAOs to publicize notifications under sections 3, 6 & 7 of Land Acquisition Ordinance. 10. Educate affected persons about their rights and entitlements of R&R package and mechanism of payments mentioned in the R&R policy. 11. Carry out information, dissemination activities to create awareness about the project, prepare and disseminate booklet and poster in the affected areas and communities. 12. Valuation of properties / assets for finalization of replacement value; 13. Preparation and approval of micro plan for disbursement of R&R assistances. 14. Ensuring delivery of full entitlements to affected persons. 15. Ensure proper utilization of compensation and assistances available under the R&R package for affected persons. 16. Motivating the EPs to shift their structures and other assets (houses, shops, etc.) from the proposed RoW after receipt of compensation and assistances. 17. Assist affected persons in identifying and selection of alternative place / land / location for resettlement. 18. Explain advice and guide to affected persons on relative benefits of each option as mentioned in the R&R policy. 19. Help affected persons interested in purchase of land. 20. Calculation of MARV / Top up and pay the difference values of land and assets that the land/property owners are eligible. 21. Monitor regularly the progress of compensation (CCL) payment to awardees. 22. Assist and liaison with the AC (L), Tahshilder, LAO, Kanonga and Land surveyor to expedite the LA and CCL payment. 23. Issuing photo identity card to entitled persons. 24. Help affected persons in opening of bank account. 25. Collection of Award list form Office of the Dy. Commissioner. 26. Land price study to prepare MARV and separate compensation headed household, squatters, etc. 27. Formation of GRC (Grievance Redress Committee), RAC (Resettlement Advisory Committee), PAVT (Property Assessment and Valuation Team), etc. 28. Help affected persons in the redressal of their grievances by Grievance Redressal Committee. 29. Distribution of Notification for vacating land.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

30. Interaction and assessment of host community for resettling displace persons, if required. 31. Liaise with various officials with regard to better implementation of R&R programmes. 32. List out vulnerable entitled persons for additional assistances. 33. Carry out need assessment and organize training for income generation by local NGOs like ASA, Proshika, Grameen Bank, BRAC, etc. Also facilitate integration of affected persons in govt. sponsored income generation programme. 34. Help arrange credit / grant to EPs for income generation or livelihood restoration. Also supervise and monitor ultilization of credit or grant by the affected persons. 35. Assist RHD in making arrangements for the smooth relocation of the displaced persons. 36. Preparation resettlement implementation plan timeline as per ground situation. 37. Collect data as required to assist RHD to monitor and assess progress. 38. Prepare and submit various reports from time to time with regard implementation of resettlement plan as per the ToR. 39. Any other responsibility that may be assigned by the RHD with regard to resettlement and rehabilitation of affected persons.

In assisting the affected persons to choose among different options available to them, analysis must be made of likely benefits and potential risks for each of the options. Conducting this analysis will be the responsibility of RHD through NGO appointed for implementation of resettlement plan. The risks and benefits shall be explained to the affected persons to make and informed choice.

In choosing between different options, whether it is cash compensation or various rehabilitation schemes, the RHD shall make use of the baseline socio-economic survey data, and ensure that those affected persons considered vulnerable are encouraged to choose the options entailing the lowest risk.

As a general principle of resettlement action plan, affected households will be monitored to ensure that they are able to regain or improve their socio-economic status and quality of life. It becomes clear that the assistance given under the project is insufficient to obtain this goal within the life of the resettlement program, them consideration should be made for additional assistance. In order to carry out such tasks, updating base would be required. The NGO besides contacting the affected person on an individual basis shall also conduct group meetings and village-level meetings for updating baseline information. The NGO will encourage participation of affected persons in such meetings. Such participation will help to find a solution acceptable to all involved. Involvement of NGO in resettlement projects has proved to be positive in terms of transparency, consultation, institutional strengthening and safeguarding rights of disadvantaged people and long-term sustainability of resettlement activities.

All resettlement related data, including land acquisition will be computerized by the NGO and made available to RHD. The data bank will act as the key source of information for implementation and monitoring purposes. EP files on individual households will be prepared for checking and verification purposes. The file will contain detailed socio-

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

economic and demographic data on individual households, lost assets, compensation entitlements and payments, relocation, etc. The databank will enhance institutional capacity of both RHD and the implementing agency / NGO in resettlement management of the project.

It needs to be mentioned here that to expedite the implementation of RAP with assurance of incorporating all the PAHs, RHD has already appointed CCDB as INGO in July 2007. CCDB is already working in the field and started the preliminary work like visiting all the PAHs, rapport building with PAHs, preparation of brochures in bangla, preparation of identity cards for EPs with photographs, formation of different committees like JVT,PAVT, GRC, RAC, LIC etc.

8.11.5 Role of Other Committees Formed to Assist Implementation of RAP

To arrive at a fair standard of compensation sufficient to cover present Replacement and Value of the lost resources, formation of a Joint Verification Team (JVT) and likewise a Property Assessment and Valuation Team (PAVT) is considered important for each district. Again, to devise a mechanism to dispose of the complaints out of court as per RAP, setting up a Grievance Redress Committee (GRC) for each area is also felt indispensable. Resettlement Advisory Committee (RAC) needs to be formed to facilitate RHD for timely relocation of EPs from the required land and deliver project sponsored resettlement benefits as designed in RAP. Setting up of a Land Identification Committee (LIC) is important to help EPs to find purchasable land in the vicinity and conduct negotiations between the potential sellers and buyers.

In order to ensure collective sharing of responsibilities, JVT and PVAT need to be formed with representatives, drawn from the RHD, District Administration, Implementing NGO and GRC, RAC and LIC formed with representatives of the RHD, NGO, EPs including UP Chairman and Women Members of UPs under administrative order of the Ministry of Communications with appropriate legal authority.

8.11.5.1 Grievance Redress

Land Acquisition Ordinance of 1982 and subsequent partial amendments of 1993 and 1994 ensure only statutory land acquisition and compensation policies to legal owners of properties under acquisition. They do not guarantee either replacement value of the acquired properties or restoration of income and standards of living of the affected people. Thus is case of projects involving land acquisition and involuntary resettlement, the grievance redress procedure and appeal mechanism are an important aspect related to R&R of the AHs. The Land Acquisition Ordinance of 1982 has provisions at different stages of the land acquisition process for the affected persons to object to the proposed acquisition of land and other properties, etc. It also allows the affected persons to receive compensation under protest and to approach the court for settlement.

While an affected person cannot challenge the land acquisition by Government (which involves a “public purpose”) in court, an aggrieved person may go to a court of law in order to challenge the amount of compensation. Experience shows that litigation causes unnecessary delays and cost overruns in may projects. Keeping in mind the legal procedures involving such cases, the RHD will constitute a committee for grievance redress that will provide a forum for people to express their dissatisfaction over

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

compensation and R&R provisions. It does not imply that the affected people will be debarred from approaching the court on the compensation issue.

Procedures for Grievance Redress : The law permits objection against acquisition if it is field with the Deputy Commissioner within 15 days of the publication of the preliminary notice of the acquisition of property (Ordinance 11 of 1982, Part II, section 4 and Section 5). The government makes a decision on such objections regarding the acquisition and that decision is final. In such a case, the law does not permit grievance against land acquisition that is made for a public purpose.

In order to ensure that affected people have avenues for redressing their grievances related to any aspect of land acquisition and resettlement, detailed procedures for redress of grievances have been established for the Project. Grievance can be brought only with regard to award of compensation and the amount of R&R assistance. The RNIMP-I proposes the following procedures for grievance redress.

• Stage 1 : If any person is aggrieved by any aspect of the resettlement program, he / she can lodge a written grievance to the Grievance Redress Committee (GRC) within 15 days from the date of receiving the notification of compensation and rehabilitation. The GRC must respond within 15 days. • Stage 2 : If the person making the complaint is not satisfied with the decision or he / she receives no response within 15 days of registering the grievance, he / she can appeal to a civil court of law.

The RNIMP-II proposes that PAHs will be exempted from all administrative and legal fees. Complainants to the court will also have the right of free legal representation. The detailed procedures for redress of grievances and the appeals process will be widely publicized among the affected people. This will be done through a proposed Resettlement Information Pamphlet to be distributed to all affected persons.

Grievance Redress Committee : The project will constitute a Grievance Redress Committee (GRC) at each project road link within two months of commencement of the implementation of the project. The composition of the GRC may be:

• One representative of RHD, at least of the level of Sub-Divisional Engineer (SDE), to be nominated by the RHD as convener; • The Area Manager of the INGO; • The Chairman of the UP/Municipality where the complaint is registered as entitled person or his/her authorized member; • One representative of the EPs • Women member of local union parishad/municipality • Legal Advisor of the INGO

INGO may appoint a legal advisor to make suggestions in resolving the disputes. However, he/she will not be a member of the committee. This arrangement will be made to ensure justice to the EsPs outside court.

In fact, the Resettlement Advisory Committee (RAC), Capacity Building, and the GRC will function as one body. Apart from being involved in grievances on resettlement issues, the

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

GRC / RAC may also take an informal role in the handling of grievances and issues related to land acquisition in an effort to minimize the numbers of PAHs taking their grievances to the court system.

Grievance Redress Mechanism :The PAH will bring his grievances to the NGO responsible for the implementation of the R&R activities on that link that, in turn, will forward the grievances to the GRC. The main objective is to provide a step-by-step process for registering and addressing the grievances. It is expected that this mechanism will ensure redress to the aggrieved party. The PAHs will have access to the committee that will function throughout the project period.

The following organogram illustrates the sequential steps for the grievance redress mechanism :

ENTITLED PERSON

Grievance Related To

Award for Land Acquisition R&R Provisions

Redressed Land Acquisition NGO Project Manager Officer

GRC (Comprising PAP Not Redressed Representative, NGO, Union Parishad Member, RHD Redressed Sub-Divisional Engineer) Redressed District Judge’s Court Not Redressed

Response Time : The GRC will hear grievances one in 15 days. Since the entire resettlement process has to be completed before road constitution work starts, the GRC May meet more than once every 15 days depending upon the number of such cases. The GRC will inform the concerned Entitled Person of their decision within 15 days of the hearing of the grievances.

Grievance Redress Monitoring : The NGO Road Link Level Project Manager will keep records of all the grievances and their redress in monthly and cumulative formats, which are to be signed by the Chairman of the Grievance redress Committee. The format will contain information on the number of grievances received, resolved, and the number of unresolved grievances.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

8.11.5.2 Joint Verification Team (JVT) Formation and Role

The main task of a JVT is to undertake a plot to plot survey in the affected areas, using a set questionnaire, for determining the actual quantum of losses suffered by the AP, compare these data with the assessment made by the DC and establish the estimate of compensation for acquisition of land, loss of livelihood and resettlement using those loss data and current marker value of lost assts ascertained by the PVAT.

The JVT will be composed of

• One representative of RHD (PD office), at least of the level of Sub-divisional Engineer, to be nominated by the PD, RHD, as convener; • One representative of the DC to be nominated by concerned DC; • Area Manager of the INGO

8.11.5.3 Property Assessment and Valuation Team (PAVT)

The main task of PAVT is to survey the land market in the areas where land will be acquired for the project and establish the current market price equivalent to the replacement value for different categories of land at different locations. PAVT will also find out the prices of other properties in the same manner.

The PAVT will be composed of:

• One representative of RHD, at least of the level of Sub-divisional Engineer, to be nominated by the PD, RHD, as convener • One representative of the DC to be nominated by concerned DC; and • The Area Manager of the INGO.

8.11.5.4 Land Identification Committee (LIC)

The main task of the Land Identification Committee (LIC) is to identify the availability of land, potential sellers in the vicinity and help the AP in negotiating the price according to his/her capacity. It is also expected that this committee will also request or make appeal to the land owners in the vicinity if they can spare (sell) some amount of their lands for the APs. The composition of the LIC will be, • One representative of RHD, at least of the level of Sub-divisional Engineer, to be nominated by the PD, RHD as convener • One representative of the DC to be nominated by concerned DC • The Area Manager of the INGO; and • Local Public Representative (UP Member/Chairman) • One Representative of the Stakeholders

8.11.5.5 Resettlement Advisory Committee

During implementation stage, the NGO will form a Resettlement Advisory Committee (RAC) at each side with the approval of the Director of JMBA-RU in order to involve the

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

local communities and APs in the implementation process. The committee will ensure local participation, provide local inputs and assist in all matters related to implementation of the RAP. The RAC will be comprised of: • One representative of RHD, at least of the level of Executive Engineer, to be nominated by PD, RHD as chairman • The Area Manager of the INGO as Member-Secretary. • Representative from various Stakeholders • Representative of Women EPs • Elected Representatives of the area

8.11.6 Role of Resettlement Consultants

The Construction Supervision Consultants Team will include Resettlement Consultants both from the national and international experts. The national experts will monitor the day- to-day progress in RAP implementation and also prepare the monthly progress report to be included in overall monthly progress report of the project. The input of the national consultants will be a continuous one till the completion of RAP implementation. The input of international expert will be of intermitant nature : two months during the initial period 1.5 months for preparing the 1st annual report +1.5 months for preparing the project completion report. In his works will be assisted directly by the national experts of the project.

The Resettlement Consultants acting on behalf of the Project and RHD will ensure that the sound methodologies and practices are used in the implementation of RAP. The consultants will advise on any changes in the modalities of the implementation work, participate in meeting with the INGO and RHD, and monitor the work of the implementing agency (INGO) in the field. The consultants will also review, on behalf of PD, RHD, the implementation progress report submitted by the INGO on a regular basis. Both the Internal and External monitoring will be done by the Resettlement Consultants of the Construction Supervision Consultants Team.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

Chapter- 9

IMPLEMENTATION PROGRAMME OF RAP

9.1 Introduction

The Project Director, RNIMP-II, RHD, is the implementing authority of Resettlement Action Plan. He will decide the course of action for successful implementation of the plan.

An action oriented programme is a condition precedence to implement the proposed Resettlement Action Plan in its true spirit and intention, as enumerated in Chapter-8 of this report. Basically it involves land acquisition and management of proposed resettlement activities to compensate for the loss of project affected persons. A successful implementation would require:

• clear understanding of the tasks to be accomplished along with their sequencing and linkages; • a well conceived organisational set up with well trained efficient staff for implementing the tasks; • a carefully prepared work implementation matrix; • proper functioning of the committees formed; and • above all, a cordial work relationship among the agencies like, RHD, DCs office, INGO, committees etc, involved in implementation of Resettlement Action Plan (RAP).

The basic objective of this Implementation Programme is to ensure that all the Project Affected Persons are paid due compensations in time so that they can re-establish their social and economic livelihoods at least to the pre-project condition. The instant Resettlement Action Plan, have proposed cash compensation to compensate the loss of individual properties, loss of business income, loss of income of affected employees engaged in business units, loss of rental income from affected structures, special grants to vulnerable households affected by the project. The other component of the RAP is the relocation of affected common / community properties. To deliver these two sets of compensatory benefits to the project affected persons in time, the operational mechanism including some institutional arrangements are explained here under.

9.2 Cash Compensation by Law (CCL)

The Deputy Commissioner (DC) is the competent authority to pay cash compensation under the provisions of The Acquisition and Requisition of Immovable Property Act, 1994. Moreover, he/she is the Legal/ Administrative authority to determine the updated title of land and eligibility of APs for Cash Compensation under Law (CCL) for land as well as several other assets covered by the law. It is for the DC to decide whether to enhance the capacity of the concerned office by engaging additional senior LA staff to process the LA requests speedily and smoothly. The executive agency (EA) and the implementing NGO assisting the EA will work with the representatives of the DCs during Joint Verification of affected properties and the market survey of the properties for ascertaining current replacement value before budgeting for total compensation payable to the APs. The DC would be requested to appoint Special Land Acquisition Officer (SLAO) for project for each district. To facilitate the activities of RHD as well as APs of the project area, each upazila would be assigned one officer on deputation for helping in identifying the owners, and preparation and process of the papers for the purposes.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

The implementation of the activities like, joint verification, market survey and reconciliation of the ‘market value’ and ‘replacement value’ will require a great deal of mutual understanding among the DCs’ office, RHD and the INGO. It is therefore, essential that the DCs will accept the involvement of their representatives in Joint Verification and Market Surveys, budgeting of compensation, updating of land records of APs and in reconciliation of CCL with the additional compensation to be paid by the RHD through the INGO.

The DC offices will receive funds from RHD for paying the CCL to the directly affected persons immediately to facilitate quick disbursement of differentials, if any, by the RHD through the INGO. Participation of the DC will be necessary in the host area meetings. Similarly DC’s intervention/assistance will be required in matters such as land requisition, disposal of land ownership disputes, allotment of char land and other surplus land, etc. The compensation to be paid by the DCs office are :

• cash compensation for loss of land by owners averaging the registered sale deeds values during the past one year of similar land plus(+) 50 per cent enhanced amount of the average; • cash compensation for loss of crops trees and perennials; and • cash compensation for residential and commercial structure at replacement value.

9.3 Additional Compensation by RHD Through INGO

It has now been generally recognized that the task of successfully implementing a RAP requires certain attitude, experience and skill in dealing with the grass root level people, which are best available among some reputed NGOs in the country. Therefore, it has been adopted as a government policy to commission the services of such an NGO to assist in the implementation of a RAP. The principal task of the NGO is to identify the project affected land, households/business enterprises and persons, estimating their losses and dislocations, work out their entitlement packages and prepare a compensation budget. The next main task is to assist the RHD in disbursing entitlements which are beyond the purview of CCL. Again the INGO also play an important role in ensuring that legitimate grievances of the APs are redressed and vulnerable are given special attention. The INGO is also required to undertake efforts to mitigate some community level dislocation caused by the project.

It has been found that the Cash Compensation by Law disbursed by the DCs office is in most cases, are well below the replacement value of the acquisitioned / lost assets. As a result, the Project affected persons can never replace the assets with the money received under CCL. To fill up this gap, the ADB has prepared the Policy and guideline beyond the CCL : ADB Policy on Involuntary Resettlement (1995) and Handbook on Resettlement : A Guide to Good Practices (1998) for compensating the losses in such ways so that the Project affected persons get at least the replacement value of the lost assets. This additional amount is given to each PAP through an NGO following various formalities. Beyond CCL, the issues covered in the proposed compensation package under RAP are (details in Table 8.3 ) :

• Additional Grant to cover Replacement Value of Land (agricultural, homestead, commercial and fallow land, water bodies, ponds, etc) if CCL is less than the Replacement Value; • Grant for meeting the social cost of dislocation due to homestead acquisition; • Stamp Duty for facilitating land purchase by Project affected persons in future;

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• Grand for loss of standing crops in agriculture land; • Structure Transfer Grant for living quarters, commercial units on the basis of CCL; • Structure Reconstruction Grant to the households/commercial or other establishments on the basis CCL; • Grant for loss trees on Govt/RHD land owned by squatters; • An Additional amount to female headed and vulnerable households affected by homestead; • An additional grant to all the squatters/uthulies household; • Grant for the loss of business in business enterprises; • Wage labourers or helper family members of business enterprises to compensate for the employment loss; • Additional amount for shifting of household/enterprise inside materials; and • Additional amount to all the homestead losers for developing the new homestead.

The estimated amount of money must be placed with the INGO at least one month ahead of starting the payment of compensation under RAP in the proportion like: 50 per cent+30 per cent+20 per cent.

9.4 Appointment of a Non Governmental Organisation (NGO) and Suggested Terms of Reference (TOR)

9.4.1 Introduction

Survey revealed that about 3,964 persons (including those on RHD land) will be directly affected on implementation of RNIMP-II Project. Besides, there are about 2,514 indirect Project Affected People (Project affected persons) working at approximately 3,140 business enterprises either as paid employees or as helper from among the family members. The Project has adopted a RAP for the resettlement of Project Affected households who will be displaced from their land, residential/commercial structures or will lose their business/ industries or other sources of employment and income. The project needs to engage an experienced INGO for the implementation of RAP principally for the payment of compensation beyond the CCL.

An NGO, experienced in the overall system of payment of compensations beyond CCL, should be engaged/ appointed for smooth / successful implementation of RAP. They will maintain liaison with DC, PWD, RHD and other concerned offices, and they will work in coordination with different Committees being set up to facilitate the implementation of RAP, and more particularly the payment of compensation, estimation of the losses of APs etc. The NGO must be at the work site at least six months before the commissioning of payment of compensations so that they can complete the ancillary activities needed to be done as the preparation for payment. The TOR for implementation of RAP through an NGO may include the following issues (for hastening the implementation of RAP, without which the land acquisition to be followed by road construction can not be started; the RHD in the knowledge of ADB, Bangladesh, has already appointented the NGO, CCDB which has been woring in the field from July 2007) :

9.4.2 The Objectives

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lost resources such as land, residential/commercial structures, employment opportunities, etc. For the purpose, the project has adapted a policy to pay compensation to those who will be affected by the construction. In view of the said objectives, the specific objectives of the Terms of Reference (TOR) for implementation of RAP are:

i) outlining the selection process of an INGO for implementing the payment of compensations beyond the CCL; ii) activities to be done by the INGO in the process of paying compensation; and iii) suggestions for performing the RAP implementation related activities smoothly.

For the payment of compensation beyond the CCL, an INGO shall be appointed by the RHD. In the selection process, the NGOs with previous experience of working in similar situation may be given priority. The selected NGO [hereinafter referred to as Implementing Non Government Organisation (INGO)]. The INGO should start their work at the field level within 30 days of serving notice to commence the work.

In general, the INGO will be responsible to the Project Director of RNIMP-II, who will select and appoint the INGO as the implementing agency of RAP. The Project Consultant (appointed by RHD for the purpose under reference) will monitor the implementation of RAP for the Project affected persons. However, responsibility for the effective, timely and efficient execution of RAP will remain with the INGO. The INGO must ensure the highest standard and accuracy in all aspects of implementation works. It will particularly ensure that all the Project affected persons are paid their due compensation and resettlement benefits; and the data provided in reports, files and computer disc are accurate and reliable.

9.4.3 Selection Criteria of INGO

The selected NGO must be a non-profit making welfare organisation and registered with Department of Social Services/ Registrar of Joint Stock Companies as well as with the NGO Affairs Bureau. The NGO must fulfill the following eligibility criteria:

i) Have a proven track record in the field of socio-economic development activities for at least five years with annual budgetary outlay of not less than 20 million taka and in external supported program(s) of not less than annual budgetary outlay of 30 million taka. ii) Have to submit five proven Project Data Sheet over last ten years. iii) Have proven ability of implementation of three Resettlement Programes inclusive of one re-location of displaced small/medium Business Enterprises. iv) Have extensive involvement in poverty alleviation through income generation programme and empowerment of rural people. v) Have proven ability to design and implement income restoration programme for involuntary displaced of affected persons with an emphasis to micro-credit and micro financing operation. vi) Have at least three years' of experience(s) of working in land based Resettlement/ Rehabilitation programmes and capacity to reconcile information from different data bases and develop software packages for Computerized Management Information System (CMIS). vii) Have established office premises both in Capital City Dhaka and at the neighborhood of project sites. viii) Should be willing to implement income restoration program for the Project affected persons after the project period, if needed.

Road Network Improvement and Maintenance Project-II Resettlement Action Plan

9.4.4 Scope of Work of INGO

Precisely, the INGO will have to perform the tasks principally basing on the issues included and guidelines provided in the RAP. However the major tasks to be done by the INGO are:

Information Campaign: The implementing INGO will design, plan and implement a information campaign in the affected areas primarily to inform the Project affected persons about the entitlement policy and how to avail of their respective entitlements. The campaign would include measures such as distribution of information booklets, leaflets, notice and other materials among the Project affected persons, community meetings, public announcements, and any other measures necessary to provide information to all Project affected persons.

Circulation of a Booklet: At Bhairab Bridge project, one Bangla booklet containing the total compensation package as was outlined in the RAP, procedures and places of payment and all other relevant information was circulated among the Project affected persons. This significantly helped in reducing tension among the Project affected persons and led to better working environment and relationship between the INGO and Project affected persons. This kind of booklet must be circulated by the INGO within three months of field placement. If possible this may be prepared by the INGO before going to the field, and be circulated during the 1st or 2nd week of field work. This will significantly help the INGO for performing their activities in a better social environment.

Computerisation of Database and EP Files: Data on land, structure, trees and other properties lost by the Project affected persons have to be computerized, including development of necessary software to prepare EP files and entitlement cards (ECs). The EP and EC files will be used for making payments to the EPs and monitoring the progress of resettlement work. This INGO after joining the field, must finalize the list Project affected persons, and EPs within six months; otherwise, they will be late in performing other activities.

Issue of Identity Card :All the Project affected persons are needed to be identified within the 1st 5-6 months of INGO’s operation at the field level. They should also finalize the list of entitlements of each PAP. Both the works should not take more than six month because, the process of paying compensation, both under and beyond CCL can not be started before the finalization of entitlement list to be followed by issue of ID card. Among many others, the two major contents of ID are the actual address of the respondent and a certified photograph. The responsibility of preparation and issue of ID cards will be borne by the INGO. This card will be used by all the Project affected persons for receiving all types of compensation under RAP.

Assistance to EPs to Relocate and Resettlement: The INGO will assist the Project affected persons during pre-and post relocation period and help finding land for resettlement. Also, wherever needed, the staff will help Project affected persons to obtain their compensation money from the DC office and other resettlement benefits from the project.

Participation in GRCs and RACs: The implementing INGO will organise and participate in the GRC (Grievances Redress Committee) and RAC (Resettlement Advisory Committees) meetings as Member Secretary and assist in settling disputes over the resettlement benefits. INGO staff may require to carryout intensive field verifications for resolution of certain kinds of grievances.

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Liaison with DC Office: The INGO will always maintain contact with the Land Acquisition Section of the DC office and will disseminate information to the EPs about payment of CCL.

Liaison with JVT and PAVT: The INGO will always be in touch with these two teams and always help them in accomplishing their tasks

Opening of Bank Accounts: The compensations are always given through cross cheques which requires bank account in the name of incumbent. Most of the poor EPs do not have any bank account. The INGO will have to certify and help them in opening bank accounts.

Assistance to Vulnerable Groups: The INGO will provide special assistance to vulnerable groups (economically poor, female headed households, women EPs, landless and others) in their physical and economic rehabilitation through including them in implementation of road side plantation, integration with NGOs working in the respective areas for poverty alleviation, employment in road construction works suitable to them, etc.

Organisation of Training: Many of the vulnerable EPs may need training for development of their skills or for changing occupations. Training needed for meeting these requirements will have to be organised by the INGO.

Linkage with NGOs: Many of the EPs may show interest to work with the NGOs working in their areas for poverty alleviation through introducing credit supported income generating activities. The INGO will take initiative for establishing linkage between the EPs and NGOs.

Propaganda Against HIV/AIDS: The INGO will also propagate against the serious effects of HIV/AIDS among the EPs and construction labourers. The propaganda will includ issues like, how it spreads, how it can be avoided, the referral system for the victims serious effects of HIV/AIDS etc.

Propaganda Against Women and Child Trafficing: The INGO will also propagate against the serious social effects of women and child trafficing among the EPs and construction labourers. The propaganda will includ issues like, how it affects the society and create social problems , how it can be controlled, etc.

Supervision and Management: Facilities and logistics required for carrying out the implementation activities in the field have to be established in due time at the field and head office levels. The field team shall maintain liaison with RHD field staff and also with Project consultant.

Payment of Compensation: The whole theme of RAP centers around the payment of compensations beyond the CCL, to both the direct and indirect Project affected persons. For this the INGO will have to submit a tentative budget to the RHD within shortest possible time. The tentative budget is always changeable and the total allocation may be placed with the INGO in three installments like: 50 per cent+30 per cent+20 per cent. The second instatement may be released after the submitting the statement of expenditure by 70 percent of the released money of 1st installment.

Reporting System of INGO: The INGO will be directly responsible to the Project Director, RNIMP-II for all type of activities. The work inception report (5 copies) should be submitted to the Project Director within two months of field placement. Moreover, within 15th of next month, the INGO will have to submit the progress report (5 copies) of and upto the previous month. The Project Director, RNIMP-II may also call meeting as and

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when needed for reviewing the progress or any other issue considered review-able to him. After the completion of RAP implementation, the INGO will have to submit the project completion report in 10 (ten) copies to the Project Director, RNIMP-II.

9.5 Role of RHD-Project Director

Project Director-RHD is responsible for over-all supervision of the activities done by the INGO and will administratively assist the implementing agency in resettlement operations, including any access or help from the DC offices regarding collection of DC award list, payments of compensation for lost assets, etc. The PD will also provide a preliminary SES report to INGO for understanding the RAP in detail. The INGO will remain completely responsible to the PD, RNIMP-II.

9.6 Role of Project Consultant (PC)

The Project Consultants (PC) acting on behalf of the Project Director and RHD, will ensure that sound methodologies and practices are used in the implementation of RAP. The PC will advice on any changes in the modalities of implementation work, participate in meetings with the contracted INGO and RHD, and monitor the work of the INGO in the field. The PC will also review the implementation progress report submitted by the INGO on a regular basis on behalf of the Project Director, RNIMP-II

9.7 Total Implementation Period

Total implementation period, according to the present estimate of total number of Project affected persons, may be initially two years. However, both the period of implementation and budget allocation may be increased if the number of Project affected persons and/or volume/dimensions of works are increased. Furthermore, if payment of CCL is delayed at the level of Deputy Commissioner consequently the period will be extended as long as it required.

9.8 Budget and Logistics

The budget should include all expenses such as staff salary, training, computer database, transport, filed office and staff accommodation, and any other logistics necessary for RAP implementation. Additional expense claims whatsoever outside the budget will not be entertained unless new activities are added and/or the number of Project Affected Persons is increased.

9.9 Deadline for Submission of Proposal, Selection and Work Order

These are to be determined by the office of the Project Director. However, it should be kept in mind that for successful implement of RAP, the INGO should be in the field within one month of final notification for land acquisition.

9.10 Other Issues

For all other issues (to be arised during the implementation of RAP) not covered in the TOR, the decision may be taken by the Project Director, RNIMP-II in consultation with the

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INGO. To be specific, if the RHD/ GOB desires to support the poor Project affected persons through an income generating project, like, that of Bhairab Bridge, the INGO will have to continue along with the continuation of RAP implementation.

9.11 Formation of Committees

To arrive at a fair standard of compensation sufficient to cover the present Replacement Value of lost resources, formation of a Joint Verification Team (JVT) and likewise a Property Assessment and Valuation Team (PAVT) is considered important for each upazila. Again, to devise a mechanism to dispose of the complaints out of court as per RAP, setting up a Grievance Redress Committee (GRC) for each area is also felt indispensable. Resettlement Advisory Committee (RAC) needs to be formed to facilitate RHD for timely relocation of APs from the required land and deliver project sponsored resettlement benefits as designed in RAP. Setting up of a Land Identification Committee (LIC) is important to help APs to find purchasable land in the vicinity and conduct negotiations between the potential sellers and buyers.

In order to ensure collective sharing of responsibilities, JVT and PAVT need to be formed with representatives, drawn from the RHD, District Administration, Implementing NGO and representatives from PWD/DAE/DOF/FD etc.; and GRC, RAC and LIC formed with representatives of the RHD, NGO, APs including UP Chairman and Women Members of UPs under administrative order of the Ministry of Communications with appropriate legal authority.

Discussions about the formation of committees, their functions, operational procedures, etc are given in Section 8.11.5

9.12 Land Ownership Title

Land ownership title, in most cases for the homestead, creates serious problem. The ownership title may be in the name of father or grandfather, and the descendants have been using it without demarcating the share of area and changing the ownership title, The ownership title through deed registration system is an expensive process which demands a less expensive and easy system for receiving the land ownership title. The problems of not having, the land ownership title, probable solutions, etc may be explained to the Project affected persons by INGO while doing the field works for finalizing the number of Project affected persons, entitlement of each PAP, etc. It must be kept in mind that none will get the CCL without solving the ownership title. However, the ownership in final form must be done through mutation (Kharij).

9.13 Payment of Compensation

Disbursement of compensation under CCL is done by the DCs office which, in some cases, may be at a far distance for the Project affected persons residence. This create extra burden on Project affected persons, especially on the poor/vulnerable Project affected persons in getting the compensation. If possible, the concerned section of the DCs office may disburse the payments on selected week days from the office of the INGO. It is mentionable that for the acquisitioned land, the INGO will not be able to pay the additional amount unless the CCL amount is paid by the DCs office. Against each entitlement, the disbursement by both the DCs office and INGO will be done through account payee cheque, which demands that the Project affected persons who do not have bank account will have to open it. The INGO will have to help the Project affected persons in opening these temporary bank accounts.

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Payment of all types of land based compensation should be completed at least one year before taking the possession of land by RHD/ acquisitioned department. It must be kept in mind that the Project affected persons will not be able to take step for relocation, especially for loss of homestead along with structures and facilities. Similarly, the affected business entrepreneurs will not be able to restart the business at the relocated place. So the total fund of compensations may be placed at the disposal of DC and INGO offices well ahead of time of taking possession of land by RHD.

9.14 Re-establishment of Common / Community Properties

The Community or Common Resource Properties (CRPs) e.g. (school, madrasa, mosque/temple, mazar, market, graveyards, clubs, water supply, sanitation, electricity etc.) affected by the project will be rebuilt at project cost in consultation with the local users / beneficiaries. However, special attention will be given in selecting the reconstruction area of community properties to serve the affected community as well as the host community. All payments for new construction of common properties or construction of the common properties will be completed before the commencement of work on the RoW. The project in different components is likely to affect utholies such as power poles, telephone lines, irrigation canal, drainage particularly in areas close to markets, ferry and launch ghats, bus stoppages and river bank. These will also be replaced by the project at project cost. In fact under the prevalent practice, the replacements are always found better than the affected properties.

9.15 Appointment of Consultant(s)

A senior Social Scientist (Resettlement Specialist) as representative of the Supervision Consultant for supervising the activities to be done by the INGO and advising them in the process of implementation of RAP will be appointed for the entire period of implementing the RAP. Attempt may be taken to select both the INGO and consultant having some experience of working in similar projects.

For better monitoring and evaluation, the RHD may also appoint an international consultant on part time basis who, time to time, will advise the local consultant, RHD and INGO in successful implementation of RAP. On behalf of PD, RHD, the consultant(s) may be given the responsibility of supervision, monitoring and evaluation of RAP implementation by the INGO through reviewing the monthly progress report and observation of field activities.

9.16 Monitoring of Progress

Monitoring is an integral part of project implementation, which must be given due emphasis if the implementation has to proceed according to projected plan and schedule. Evaluation, (pre, mid or post) on the other hand, is needed to bring the implementation on the right track towards attainment of project objectives and, if the situation demands, by rectification of the policies and strategies of the project originally set for.

The RAP contains a monitoring and evaluation (M&E) plan, including methods and approaches to be used for such activities. Monitoring involves collection, analysis, reporting and use of the information about the progress of all aspects of the resettlement operations, based on the approved RAP. Evaluation will take place both during and after the implementation of the RAP.

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The objectives of setting a monitoring and evaluation system (MES) are to: • Collect, analyze, report and use information about progress of resettlement; • Ensure that inputs are being provided, procedures are being followed and outputs are monitored and verified; • Ensure timely management action if there appears to be any failure in system due to management lapse; and • Ensure necessary corrective measures at policy level, if it is seen that there is a failure in system due to flaw in the design i.e. wrong theory, hypothesis or assumption, to ensure necessary corrective action at policy level; and to build a benchmark database for the purpose of evaluation; both during course and expost facto.

9.16.1 Institutional Framework for Monitoring

Implementation of RAP (RAP) will be supervised and monitored by the Project Director, RNIMP-II in coordination with the Additional Director, Deputy Directors, Assistant Directors, Field Officials and staffs of the INGO. The monitoring will be done both internally and externally to provide feedback to PD and to assess the effectiveness of the resettlement policy and implementation.

The procedures for internal and external monitoring are discussed further, including reporting requirements. Intermittent monitoring and post evaluation of resettlement activities will be carried out by the donors through an Independent Monitoring Team (IMT) to assess the impact, sustainability of the resettlement program and to learn lessons for future policy framework and planning. Like other projects of Bangladesh, both the Internal and External monitoring will be done by the relevant experts of Supervision Consultants Team

9.16.2 Internal Monitoring

The internal monitoring by the PD, RNIMP-II will deal with all aspects of land acquisition and resettlement at the project as well as field levels. The project management particularly, the PD, assisted by the field officers, will be mainly responsible to monitor the progress of all resettlement activities at the project level, which include the following:

• Information campaign and consultation with the APs • Status of land acquisition for various components of the project • Status of development of Resettlement Sites (Not applicable for RNIMP-II) • Land compensation payment • Compensation for lost structures and assets • Relocation of APs • Allocation of housing and commercial plots to entitled APs at RSs • Land transfer from DCs and handing over to the contractors • Payment of income/business restoration assistance • Organizing skill training program for restoration of socio-economic status

The benchmark for project level monitoring will come from land acquisition data and the social impact assessment. Further, the implementing agency/NGO will conduct field monitoring and assess the daily operation of land acquisition and resettlement activities. The mechanisms to be used at the field level monitoring include:

• Review of AP files • Informal sample survey of APs

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• Key informant interviews • In-depth case studies • Community participatory meetings

9.16.3 External Monitoring

The resettlement specialist of Management Consultant Team (MCT) will conduct external monitoring during the implementation of the project. The MCT may include Resettlement Specialist and Gender and Social Development Specialist in the team. External monitoring involves review of resettlement implementation, verification of the results of internal monitoring in the field, consultation with APs, field officials and community leaders for preparing review reports. The specific tasks and methodology for external monitoring shall include:

• Review of pre-project baseline data on APs • Identification and selection of an appropriate set of indicators for gathering and analyzing information of resettlement impact • Use of various formal and informal surveys for impact analysis • An assessment of resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning

The external monitoring for resettlement will start as soon as the Management Consultant Team is mobilized. If the appointment of Management Consultant is delayed, individual Resettlement Consultant to conduct monitoring of the land acquisition, land schedule, resettlement site development, relocation, implementing NGO activities etc, may be appointed. External monitoring and supervision of RAP implementation will continue throughout the implementation of the project. The following may be considered as the basis of indicators for monitoring and evaluation of the resettlement project:

• Socio-economic condition of the affected households/business • Payment of compensations and various entitlements as per RAP • Changes in housing condition and income level as an impact of the project • Resettlement of the vulnerable APs and businesses • Rehabilitation of the APs and businesses • Income restoration/social forestry program for vulnerable groups • Consultation with APs, particularly women/vulnerable groups • Grievance redressal cases • Level of satisfaction of the APs in the post-relocation period • Overall effectiveness of the resettlement operation

The monitoring report will inform the PD, RHD about of the progresses in the implementation of the RAP and make appropriate recommendations. RHD will be responsible for undertaking any remedial measures to improve the implementation process.

In addition to that an external monitoring and evaluation agency / consultants will be commissioned for annual, mid-term and end-term monitoring and evaluation of activities related to RAP implementation. The monitoring agency / consultant will be selected within 3 months of loan effectiveness.

9.17 Reporting Requirements

During the implementation phase, the Project Director will prepare quarterly reports on the progress of resettlement activities and forward copies of the report to the GoB and donors. A format for resettlement implementation monitoring will be devised for quarterly

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monitoring and data collection by the field officials. The Resettlement Specialist of the Construction Supervision Consultants Team for every six months during the implementation stage, will conduct review and report to PD, RNIMP-II on the progress of all aspects of land acquisition and resettlement activities. The external monitor will submit annual mid-term and end-term report to the Project Director. The observation / recommendation mady by the external monitor will be incorporated for smooth implementation of RAP and if necessary for betterment of PAHs.

A post-resettlement impact evaluation will be carried out by the donor to assess whether adverse impacts of the projects have been mitigated adequately and APs have been able to restore and/or improve their pre-project standard of living as a result of resettlement and development. The types of report to be prepared for the project are :

• Initial Inception report of RAP implementation to be submitted to RHD by INGO • Monthly progress report by the INGO to be submitted to RHD, every month • Monthly progress report by the National Resettlement Specialist (NRS) of Construction Supervision Consultants Team in their monthly progress report to RHD and ADB • Quarterly report by NRS to RHD and ADB • Report with comments by the International Resettlement Specialist (IRS) of Construction Supervision Consultants Team within 6 month of commencement of RAP implementation to RHD and ADB • Midterm evaluation report by IRS to RHD and ADB • Project completion report prepared by INGO to RHD and ADB • Project completion report prepared by IRS to RHD and ADB

For submitting any report to ADB by the INGO, the INGO must take approval/permission from RHD.

9.18 Community Participation in RAP Implementation

In a land scared country like Bangladesh, land acquisition on , especially homestead acquisition, is a highly sensitive issue. For reducing the mental shock and tension of the Project affected persons, the acquisitioning authority with the active participation of demand placing department must organise meetings with the Project affected persons as and when needed. Moreover, during the preparation of RAP, the Project affected persons get enough information about the total compensation package and impacts of this land based development project on socio-economic development of the area. All these are done for reducing the mental shock / tension of the Project affected persons.

During the RAP implementation stage, the project affected persons get enough opportunity for ventilating their opinions / grievances through their representatives included in various committees. List of losses is always done in presence of the concerned PAP, which provides him scope for correcting the mistakes if any, in estimating the losses. Moreover, the Project affected persons can know about the RAP thoroughly when the Bangla Booklet is circulated among them by the INGO whose office is open to the project affected persons even beyond the office hours. The INGO always encourage Project affected persons participation in RAP implementation.

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9.19 Implementation Schedule of RAP

The six project roads under RNIMP-II have been organised under thes four contracts like;

Contract-1 : Bhaluka – Gaffargaon – Kishoreganj and Kishoreganj – Nandail (two roads) Contract-2 : Panchagarh – Banglabandha (one road) Contract-3 : Parbatipur – Fulbari – Madhayapara and Boda – Debiganj – Domar – Nilphamari (two roads) Contract-4 : Chittagong – Dohajari (one road)

The Implementation Schedules of RAP including Land Acquisition of all the four contacts are given below:

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Road Improvement Component (RIC)

Land Handing Over and Resettlement Action Plan (Proposed)

Contract No- 1 Road: Bhaluka-Gafargaon-Kishoreganj (Z3031 and Z3604) & Kishoreganj-Nandail (Z3608) Work Length : 46.44Km and 15.80Km

Duration 2008 2009 1234567 8 9 101112131415161718192021 Section Chainage Work Component JJJAJASFMAM ASO NDJ F M MJ

Land Acquisition Bhaluka to 00+000 to Land Based Resettlement Activities Civil Works Starts Gafargaon 18+300 Non Land Based Resettlement Activities

Land Acquisition Gafargaon 18+300 to Land Based Resettlement Activities Civil Works Starts Bypass 29+350 Non Land Based Resettlement Activities

Land Acquisition G.Bypass to 29+350 to Land Based Resettlement Activities Civil Works Starts H.Bypass 33+050 Non Land Based Resettlement Activities

Land Acquisition Hossainpur 33+050 to Land Based Resettlement Activities Civil Works Starts Bypass 35+200 Non Land Based Resettlement Activities

Land Acquisition Hossainpur 35+200 to Bypass to Land Based Resettlement Activities Civil Works Starts 46+370 Kishoreganj Non Land Based Resettlement Activities

Land Acquisition Kishoreganj 46+370 to Land Based Resettlement Activities Civil Works Starts to Nandail 62+200 Non Land Based Resettlement Activities

Note : Resettlement activities subject to # Approval of Resettlement Action Plan (RAP) # Approval of Resettlement Budget by MOC

1 of 2 Road Network Improvement and Maintenance Project-II (RNIMP- II), Bangladesh

Road Improvement Component (RIC)

Land Handing Over and Resettlement Action Plan (Proposed)

Contract No- 1 Road: Bhaluka-Gafargaon-Kishoreganj (Z3031 and Z3604) & Kishoreganj-Nandail (Z3608) Work Length : 46.44Km and 15.80Km

Duration 2008 2009 1234567 8 9 101112131415161718192021 Section Chainage Work Component JJJAJASFMAM ASO NDJ F M MJ # Payment of Deputy Commissioner Cash Compensation under Law (CCL)

2 of 2 Road Network Improvement and Maintenance Project-II (RNIMP- II), Bangladesh

Road Improvement Component (RIC)

Land Handing Over and Resettlement Action Plan (Proposed)

Contract No- 2 Road: Panchagarh-Banglabandh (N5) Work Length : 53.10 Km

Duration 2008 2009 123456 789101112131415161718192021 Section Chainage Work Component JJJASOMJASFMAM NDJ FA MJ

Land Acquisition Panchagarh to 00+000 to Tentulia Land Based Resettlement Activities Civil Works Starts 34+600 Bypass Non Land Based Resettlement Activities

Land Acquisition Tentulia 34+600 to Land Based Resettlement Activities Civil Works Starts Bypass 38+900 Non Land Based Resettlement Activities

Land Acquisition T. Bypass to 38+900 to Land Based Resettlement Activities Civil Works Starts Banglabandh 53+100 Non Land Based Resettlement Activities

Note : Resettlement activities subject to # Approval of Resettlement Action Plan (RAP) # Approval of Resettlement Budget by MOC # Payment of Deputy Commissioner Cash Compensation under Law (CCL)

1 of 1 Road Network Improvement and Maintenance Project-II (RNIMP- II), Bangladesh Road Improvement Component (RIC) Land Handing Over and Resettlement Action Plan (Proposed) Contract No- 3 Road: Parbotipur-Fulbari-Madhyapara (F5853) & Boda-Debiganj-Domar-Nilphamari (Z5003 and Z5707) Work Length : 32.20Km and 51.50Km Duration 2008 2009 123456 789101112131415161718192021 SectionChainage Work Component JFMAM JJASO NDJ F MA MJ JAS

Road : Parbotipur-Fulbari-Madhyapara Land Acquisition Parbotipur to 00+000 to Land Based Resettlement Activities Civil Works Starts Fulbari 20+000 Non Land Based Resettlement Activities

Land Acquisition Fulbari to 20+000 to Land Based Resettlement Activities Civil Works Starts Madhyapara 32+200 Non Land Based Resettlement Activities

Road : Boda-Debiganj-Domar-Nilphamari Land Acquisition 00+000 to Boda to Domar Land Based Resettlement Activities Civil Works Starts 32+000 Non Land Based Resettlement Activities

Land Acquisition Domar to 32+000 to Land Based Resettlement Activities Civil Works Starts Gachbari 49+000 Non Land Based Resettlement Activities

Land Acquisition Gachbari to 49+000 to Chowrangi Land Based Resettlement Activities Civil Works Starts 51+500 more Non Land Based Resettlement Activities

Note : Resettlement activities subject to # Approval of Resettlement Action Plan (RAP) # Approval of Resettlement Budget by MOC # Payment of Deputy Commissioner Cash Compensation under Law (CCL)

1 of 1 Road Network Improvement and Maintenance Project-II (RNIMP- II), Bangladesh

Road Improvement Component (RIC)

Land Acquisition and Resettlement Action Plan

Contract No- 4 Road: Chittagong - Dohazari (N 1) Work Length : 26.805 Km

Duration 2008 2009 1234567891011 12 13 14 15 16 17 18 19 20 21 SectionChainage Work Component JJJAFMAMSOMAND J F MJ JAS

Land Acquisition Monshertek to 00+000 to Land Based Resettlement Activities Civil Works Starts Potia Bypass 05+142 Non Land Based Resettlement Activities

Land Acquisition Civil Works Starts 05+142 to Potia Bypass Land Based Resettlement Activities 10+340 Non Land Based Resettlement Activities

Land Acquisition Potia Bypass 10+340 to Land Based Resettlement Activities Civil Works Starts to Dohazari 26+805 Non Land Based Resettlement Activities

Note : Resettlement activities subject to # Approval of Resettlement Action Plan (RAP) # Approval of Resettlement Budget by MOC # Payment of Deputy Commissioner Cash Compensation under Law (CCL)

1 of 1 Road Network Improvement and Maintenance Project-II (RNIMP- II) Road Improvement Component (RIC)

Land Acquisition Actions.

Steps followed with the minimum time anticipated in order to complete the LA works successfully.

Actions by the Steps Completion Period Brief description of action authority

Step-1 Up to 31-Jan-08 Submit Estimates by DC A complete Estimate after field survey shall be prepared by office to RHD concerned DC office and to subit those to RHD for approval.

Step-2 01 - 15, Feb-08 RHD to MOC and MOC RHD will send the estimates to MOC for approval. to RHD

Step-3 15 - 29, Feb-08 RHD to DC office RHD will send the approved estimates and place funds to the concerned DC offices for further necessary actions from their end.

Step-4 01 - 31, March-08 Notice serve by DC DC office shall serve the notices under section 3, 6, 7 to the offices. affected land owners.

Step-5 01 - 30, April-08 Payments by DC to the DC offices shall start payments to the affected land owners. affected land owners After that the DC offices shall clear all formalities to handover starts. the land to RHD.

Step-6 From May-08 Handover the land to theRHD may start to handover the sections of corridoors to the Contractor starts. respective Contractors for execution of works. It shall remain continued till the handover completed fully.