Chapter –1 the Project

LAND ACQUISITION AND RESETTLEMENT PLAN Birgunj-ICD Sub-Project and Bhairahawa – Parasi Sub-Project [Subproject Name, if prepared for a subproject] For all resettlement planning documents, indicate the type i.e. Resettlement Framework Full Resettlement Plan, Short Resettlement Plan. For subproject resettlement plans under a Sector Hybrid loan, please indicate the subproject name)

Supplementary Appendix to the

Report and Recommendation of the President to the Board of Directors

on the

SUBREGIONAL TRANSPORT FACILITATION PROJECT

NEPAL

Department of Roads

This report was prepared by the Borrower and is not an ADB document.

August / 2004

ACRONYMS

ADB Asian Development Bank

AP Affected Persons

CDO Chief District Officer

PIU Project Implementation Unit

CSW’s, Commercial Sex Worker

DDC District Development committee

DMS Data Measurement Survey

DOR Department of Roads

EA Executing Agency

HHs Households

HMGN His Majesty Government of Nepal

ICD Inland Customs Depot

ILO International Labor Organization

Km Kilometer

CFC Compensation Fixation Committee

LARP Land Acquisition and Resettlement Plan

NGO’s Non Government Organization

NRs Nepalese Rupees

PAP’s Project Affected Persons

RETA Regional Technical Assistance

ROW Right Of Way

RP Resettlement Plan

RPSU Regional Project Support Unit

SP Sub-project CRO Chief Resettlement Officer

DPSU District Project Support Unit

GEU Geo-ecological Unit

MIS Management Information Systems PD Project Director

PIU Project Implementing Unit

PSC Project Supervision Consultant

PWD Public Work Directives

SLC Sub-project Level Committee

VDC Village Development Committee

ZOI Zone of Influence

iii SUMMARY RESETTLEMENT PLAN

A. Description of the Project

1. The proposed Subregional Transport Facilitation project involves construction and improvement of ICD in Kakarbhitta, widening and improvement of 29 Km of existing road in Bhairahawa - Parasi section with 0.5 km bypass near Hulaki road; upgrading of 10.2 km at Birganj, widening and improvement of 2 km existing road in Padam road and Jeetput section. The main objective of the Project is to improve border crossing access roads, customs, trans- shipment and freight handling facilities at principal border crossings in Nepal, whereby the sub-regional transport network will be improved between Nepal and India, Bangladesh, Bhutan and other third countries. The proposed activities, total length of the access roads and the land acquisition requirements is shown in the table below.

Table-1: Estimated Road Alignment Length of the Proposed Sub-Project Components

Name of Sub-Project Proposed Activities Tentative Require (K.M.) d Land (ha)

Kakarbhitta ICD Construction of ICD on existing Government land (7.5 ha) - (7.5 Govt owned)

Birgunj ICD Access Road New Alignment – Bypass (50m ROW) 10.250 51.25

Municipality and VDCs 1 Existing 4 lane Padam Road 0.600 1.8 Coming Under Alignment Improvement of Existing Jeetpur Section including Cattle Market 1.540 1.725 1. Bhawanipur/Jeetpur (0.5 – 2. Lipnibirta Govt- 3. Maniyari owned) 4. Bhawanipur Sub-total 12.390 54.775 5. Harpatgunj K.M. ha 6. Ramgadhwa 2 7. Srisiya (0.126) 54.649

Bhairahawa- Parasi Road Bhairahawa-Parasi Section 22.5 25.595 improvement

Municipality and VDCs Bypass Hulaki Road 0.5 0.9 Coming Under Alignment Parasi Bhumai 6.0 K.M 0.535

Sub-total 29 K.M 27.03 ha 1. Siddharthanagar Municipality 2. Parasi(Ramgram) Municipality 3. Basantapur 4. Dhakdhai Chipagadh 5. Hakui Sukrauli 6. Majharaiya Jamuad 10.Ramnagar(Bhumai) Total 41.39 km 81.679ha

Source: Preliminary Technical Design

1 Prevoiusly this section had a 18 m COI and as per revised Technical Design, July 2004 it is 30m 2 This area covers an existing bridge which will not be improved under this project, so the area has been deducted from the total area to be acquired. iv 2. Ministry of Physical Planning and Works (MPPW) will be the Executing Agency (EA) and Department of Roads (DoR) will be the Implementing Agency for the Project. A revised resettlement plan has been prepared in July 2004. This RP has been prepared based 100 percent census of structures, land record survey and socio-economic survey of 20% of the households within the Zone of Influence in the sub-project areas of Birgunj ICD access road and Bhairahawa-Parasi Road. The Resettlement Plan has been updated based on data from census surveys, however after detailed design EA will submit an updated RP to ADB for approval before award of civil works contract.

B. Project Impacts

3. Based on the recent preliminary design of the sub-project components, the proposed access roads connecting Nepal to the Indian border will be improved to a two-lane facility. The ensuing section gives a brief description of the project components and the impacts.

Birgunj – ICD Access Road

4. The Birgunj – ICD access road includes improvement and construction of about 12.39 km of road involving a land acquisition of 54.649 ha of land. The sub-project can be divided in two types based upon its COI. The proposed new alignment bypass section of the road under the sub-project that passes from Parwanipur to Padam road to join ICD at Birgunj will have 50 RoW for future expansion. However the construction activity will be carried out on within 18-20 m. In the case of Padam Road section (about 600 meter) and Jeetpur section (about 1.727 km) it is designed to be of 30 meter width.

5. The proposed alignment covers a major marketing and industrial area in Jeetpur bazaar and Parwanipur (from where the bypass starts for the Dry Port). Between Jeetpur and Parwanipur there is a portion of Tribhuvan highway and both are part of the industrial area. Similarly, there is also an emerging scope of market area development along Padam Road near Dry Port. In this sense, the existing market facility, access to the market and future scope of market development in the area is obvious in the sub-project area after the implementation of proposed project

6. An estimated 54.649 ha of land will be acquired for the Birganj ICD access road. There is a cattle (buffalo) market (0.5 ha) at the adjoining area of existing Jitpur road. The land is owned by the Village Development Committee (VDC), which will be required to be pushed back in close consultation with VDC and local people, as adequate VDC land is available.

Bhairahawa – Parasi Road Improvement

7. For the stretch from Bhairahawa to Nawalparasi, the width of the road is approximately 11m including hard shoulder on both sides (18 m COI). The road begins from the zero chainage at Devkota Chowk at Siddharthanagar Municipality of Rupandehi district towards east to Parasi. The road links two districts; Rupandehi and Nawalparasi. There is about 2.5 k.m existing single lane bituminous road with 3.5 meter width in between Siddharthanagar Municipality to Basantapur VDC of Rupandehi district. The proposed alignment crosses at 2.9 k.m. along the Ramgram municipality area of Nawalparasi district. The alignment passes through both Municipality and Village Development Committees (VDCs) of the both districts.

8. The major accesses to the proposed alignment are Bhairahawa, Butwal, Maheshpur and Sunauli of India. Similarly, a two lane bituminous road has been found expanded up-to

v the chainage 3+500.00 of Basantapur VDC within the proposed alignment. There is also a settlement in Basantapur VDC area immediately after crossing the Danda river which is the landmark of distinguishing Siddharthanagar municipality and Basantapur VDC of Rupamdehi district. Another settlement with the possibilities of having better access from the existing and proposed alignment is Dhakdhai Bazaar in between the chainage 5+400.00 to 12+400.0. Likewise, some of the other places expected to be benefited in terms of better access by the proposed alignment are Sukrauli VDC and Bhumai bazaar of Ramnagar VDC of Nawalparasi district (chainage28+600.00 to 29+134.55). The estimated land acquisition requirement for this subproject is 27.03 ha.

9. Thus Birgunj ICD access road and Bhairahawa-Parasi road Improvement require a total land acquisition of 81.679 ha. Except for a narrow strip (less than 0.5 hectare) along the buffalo market located on government land in Jeetpur, the rest is privately owned. In the case of Kakarbhitta ICD Improvement, the technical design has not shown the requirement of land acquisition because the Customs Department already owns 7.5 ha of land which is adequate for the proposed improvement.

Table 2 Summary Land Acquisition and Resettlement Impact

Resettlement Impacts Birgunj ICD Access Bhairahawa – Parsi Total HHs No. APs HHs No. APs HHs No. Aps

1. Agricultural/Prime 2913 15834 8055 69876 1396 8750 2. Agricultural land 3. (based on land record) 4. Home shed land 45 245 589 5112 634 5357 5. (based on land record) 6. 7. Plots Lacking - - 682 5920 682 5920 8. Official Boundary 9. (based on land record) 10. Total Land 336 1828 2076 18019 2412 19847 11. (based on land record) 12. Résidentiel/ Commercial 115 (In 626 14 121 129 747 Structure Jeetpur and (In Parasi) Padam Road ections) 13.Loss of business 105 571 163 1414 268 1985 14. Community Structure 67 (Jeetpur) - - - - - 15. Employees 26 - 40 66 16. .Business tenant 48 288 24 192 72 480 Total 2881 23125

Note: The data presented in this table is based on census record. As the updated complete list of titleholders name from the government office could not be obtained due to non availability of the complete record, the survey has adopted the number of affected plots as affected houses. In this sense, the extent on the number of households and population could be less than presumed by the study. It is in the sense that a single family could own several plots.

10. The Project’s infrastructure component primarily includes improvements of existing road alignment in Jitpur - Birgunj and Bhairahawa – Parasi roads. As shown in the table above nearly 336 households and 2076 households would lose portions of their agricultural land for

3 Based on census survey data, July, 2004 4 Average family size 5.44 5 Based on government land record 6 Average Family size 8.68 7 One Gausala(cowshed), one Durga temple, Private Bank Building one mosque, two VDC structures vi the improvement of Birgunj access road and Bhairahawa – Parsi road respectively. Along the Birgunj ICD access road, nearly 115 households will lose their residential structure, which are in some cases used for commercial purposes, while on Bhairahawa – Parsi section only 14 residential / commercial structures will be affected. In terms of impact on community structures 1 cowshed, 1 temple, 1 bank, 1 mosque and 2 VDC – government structure will get affected. Discussions carried out with the local people and the VDC revealed that they can be relocated to a nearby area.

11. Apart from households losing agricultural land and structures, 105 households in Birgunj and 163 in Bhairahawa – Parsi section will only suffer temporary losses of business / income during the construction period. Out of the 105 households in Birgunj, 48 are occupying government land, 11 households operate from their own land and 46 households are business tenants i.e have put up shops on another person’s land and in return pay rent. Similarly, in Bhairahawa – Parasi section out of 163 households, 123 are on government land, 24 are business tenants and 16 operate from their own land. All these households operate businesses from temporary / mobile stalls locally called “Gumtis” which are mostly made of wood and are movable. Adequate land is available along the road for those occupying government land to relocate nearby or push back or put up their stalls even during the construction period and come back to the original points after the construction is over. For those operating from their own land will be compensated for their temporary loss of income. Business tenants and shops occupying government land will also be compensated for their temporary loss of income. Additionally the business tenants will be paid a one-time rental assistance to re-establish their businesses in alternate premises.

12. Out of the total residential/commercial structures along the proposed Birganj ICD access road, only 7 households were squatters who have opted for self-relocation and preferred to be compensated for their structures. The remaining residential structures belonged to the titleholders but would lose the portions, which they have extended on the government ROW. Thus these titleholder/encroachers will be compensated for their extended portions, which they are in some cases, used commercial purposes. In cases, the road improvement affects their entire structure, as titleholders they would be compensated as per LA act for the portion they own and the extended parts will be also be compensated at replacement value. In most cases these affected households will re-build their structures within the available land that they will have after losing their extended parts. In case the impact is on the main structure they have opted for self-relocation and requested for a fair compensation for their structures. During detailed design efforts will be made to minimize impacts on these structures. In Bhairahawa – Parasi Road section all the 14 households are titleholders and also opted for self relocation in the nearby area and have requested for compensation at replacement value.

Table 3: Extent of Impact of Land Acquisition on Agricultural Land

Extent of Loss in Percent Birgunj ICD Sub-project Bhairahawa Sub-project No of Affected Plots (%) No of Affected Plots (%) Up-to 10 % 8 (2.38) 500 (35.86) 10 – 25 % 20 (5.95) 367(26.32) 25 – 50 % 88 (26.19) 291 (20.88) 50 – less than 100 % 175 (52.08) 74 (5.31) 100 % 45 (13.39) 162 (11.63) Total 336 (100) 1394 (100) Source: Census record, July 2004

vii 13. An analysis has been also done on the extent of impact of land acquisition on agricultural land From the table above it is evident that more than 50% of the owners of agricultural land in Bhairahawa –Parsi sub-project would lose upto 25% of their plots and 162 will lose their total land. While for the Birgunj 175 households would lose more than 50% of their land and 45 would suffer total loss. The owners of agricultural land will receive compensation at replacement / market value for the portion of land lost, crops and trees. In case the remaining portion of land is not economically viable, if the AP chooses, the total land will be acquired and will be compensated. In case of vulnerable households land for land option will be provided if same quality of land is available. Apart from compensation for land, crops and trees, all agricultural households losing more than 10% of their land will be entitled to receive skill training for a productive activity @ NRS 3000 per family and a onetime economic rehabilitation grant upto an amount of NRS 6000 based on the type of productive activity opted by the AP. Agricultural households becoming landless will receive an additional assistance of NRS 2000 for a period of three months along with the women-headed households.

14. Similarly, for the purpose of carrying out construction activity, the contractors would require to acquire some portion of land for a temporary period. The estimated number of affected households can only be assessed during the construction period based on site- specific details. It may be mentioned that cost of acquiring land for temporary purpose during construction is included in the contract package. However, a provision has been kept in the entitlement matrix that contractors would negotiate with the individual land-owners and enter into contract / lease agreement as per current rates and ensure that persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period.

15. Results from the socio-economic survey show that 74% and 81% of the households were literates and 7% and 12% were women headed households in Jeetpur - Birgunj and Parasi – Bhairahawa sections respectively. All the households interviewed during the survey were engaged in farming which was their primary source of income. All the households also reported to be having alternate sources of income mainly from small businesses, service, worker in industry, skilled labour, artisan and handicrafts. So it can be concluded that none of the households suffering resettlement impacts will lose their primary source of income. In terms of their annual income all the affected households had living standards well above the minimum national poverty line (NRS 6100/capita)8.

16. Thus a total of 2881 households (23125 APs) will be affected as a result of land acquisition and suffer other resettlement impacts.

C. Resettlement Principles and Guidelines

17. There is no specific policy on resettlement in Nepal. Land Acquisition Act, 2034 (1977) is the core legal document to guide in this task. There is provision in Article 3 to acquire land for any public purposes, subject to the award of compensation. Besides, any institutions seeking land acquisition may also request HMGN to acquire the land under the regularity provisions subjected to be compensated by such institutions' resources. As per the prevailing government rules the compensation to be provided for land acquisition should be in cash as per market value. However, as per the regulatory provision, while acquiring the land the HMGN forms a Compensation Fixation Committee (CFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts. The other members to be included in the committee are; Chief of Land Revenue, an Officer assigned by CDO, representative from District Development Committee (DDC), Concerned Project Manager, Chairman of concerned Municipality / VDC. Besides, there is also practice of making representation from the Affected Persons (APs)9. The recent trend observed is consultation with local people – through a process known as the Community Consultation Valuation (CCV) method regarding fairness and timely payment of

8 Source: CMS Ltd, “Second Irrigation Sector Project: Socio-economic Study of selected SISP Projects” 9 ADB RETA – 5781 Nepal Resettlement Policy and Practices - 1999 viii compensation of at least no less than prevailing market rate with special attention to vulnerable groups and women.

18. In this project, calculation of replacement value of land will be done by the Compensation Fixation Committee (CFC) in close consultation with the sub-project level committee that will be constituted for the project. The sub-project level committees will comprise of members from APs, political parties, religious leaders, vulnerable groups, business community and local NGOs. The CFC in consultation with the sub-project level committee will determine the amount of compensation considering the following (i) Current price of land, (ii) Land / structure sale and purchase prices which are recently available (last 2 years) (iii) Consultation with DDC and VDC on land / structure prices in their area based on size, type and location of the land to be acquired (iv) value of standing crops, houses, walls, sheds, etc (v) loss incurred as a result of shifting residence or place of residence and (vi) public consultation in the areas to arrive at a common consensus on the unit price of land based on type, size and location and structures, crops and trees.

19. The resettlement principles and entitlements are derived from the Land Acquisition Act, 2034 (1977) and ADB policy on Involuntary Resettlement (1995) and other safeguard policies. The principle adopted establishes eligibility and provisions for all types of losses (land, crops, trees, structures, business / employment, and work days wages). All affected persons will be compensated at full replacement costs. In addition to payments from the Chief District Officer (CDO), the APs will receive additional grant as resettlement assistance such as shifting allowance, compensation, for loss of workdays / income due to dislocation and income restoration assistance. Female-headed households will be eligible for further income restoration grant. The Resettlement principles adopted in this project will provide compensation and resettlement assistance to all affected persons based upon the HMGN norms and ADB guidelines. Further details are provided in table 4, which outlines the different entitlements in the form of a matrix.

D. Disclosure of Resettlement Plan and Community Participation 20. The Resettlement Plan has been prepared in consultation with the affected persons, they have been informed about the likely impacts of the project. The stakeholders consulted include (i) heads of households / businesses to be affected (ii) village leaders (iii) AP’s in small groups especially in congested areas, (iv) NGOs and CBOs working in the project area (v) government agencies and departments and (vi) women and vulnerable group. 21. Department of Roads (DoR) has translated the summary resettlement plan into Nepali and has disclosed it to Affected Persons. A summary of RP has been specifically prepared for this purpose and translated into simple Nepali language, and presented in the form of a brochure, to enable the local communities to read it by themselves and be aware of the Project's benefits and provisions for various types of APs, as given in the "entitlement matrix". In addition, the Summary RP will also be disclosed through the official websites of DoR and ADB. The following disclosure schedule will be followed: • Before MRM: already disclosed to the affected persons. • Before Appraisal: Updated RP in English and local language will be circulated to all relevant local government offices after appraisal. • Board Approval: mandatory posting of resettlement plan on ADB resettlement website. • During implementation: based on updated RP, disclosure to APs. 22. Furthermore, during project implementation, Chief Resettlement Officer (CRO) in the PIU and the officials in the DPSU along with the NGOs conduct information campaigns all along the project road / area to inform and explain the entitlement policy and various options to

ix the affected people (APs) prior to payments of compensation and other financial assistance etc.

23. Finally, participation of project-affected people is also ensured through their involvement in various local committees such as Sub-project level Committees and Grievances Redress Committees (GRCs). The PIU and DPSU’s will establish and continuously maintain an ongoing interaction with the APs and communities to identify problems and undertake remedial/correctional actions.

E. Institutional Arrangement 24. MPPW will be the executing agency and DoR will be the implementing agency for this project. A Project Implementation Unit (PIU) headed by the Project Director (PD) will be established which will be responsible for the overall execution of the Project. The PD will recruit and appoint local NGO/s as required for resettlement activities. The DoR will depute an officer in the rank of divisional engineer as the Chief Resettlement officer (CRO) in charge of the land acquisition and resettlement operations, who will report to the Project Director and will receive guidance from the Sociologist of GEU under DOR. He/she will work in close coordination with the respective District Project Support Unit (DPSU) / field-based offices and Project NGO/s on the day-to-day activities of the resettlement plan implementation. A resettlement specialist from the Project Supervision Consultants (PSC) will support the CRO in supervision and coordination of all activities related to resettlement implementation.

13. 25. DoR will establish District Project Support Units (DPSU) / field offices for the three sub- projects headed by officers in the rank of assistant engineer. The implementing NGO will also provide adequate staff in the DPSUs for resettlement implementation. At the subproject level, sub-project level committees will also be established with representations from APs, political parties, religious leaders, vulnerable groups, business community and local NGOs. These sub- project level committees will assist the DPSUs and NGOs in informing people about the likely resettlement impact and solicit views of the affected people regarding compensation and relocation options and negotiate with the CFC.

26. The CRO through the DPSUs / field offices, Subproject level committees, Chief District Officers of the respective districts and Project NGO will execute and monitor the progress of the work. The Geo Environment Unit (GEO) within DoR will also support PIU in monitoring all activities related to resettlement and review monthly, quarterly progress reports prepared by the field offices and NGOs. He will ensure coordination between the relevant departments, NGO, the Grievance Redress Committee (GRC) and the Project's affected people (APs). The concerned staff at the headquarters and in the DPSUs / field offices related to the Project's land acquisition and resettlement activities, including CRO, GEU, Revenue Department officials and NGO staff will undergo a week-long orientation and training in resettlement policy and management.

F. Grievances Redress Committees

27. The DoR will establish a Grievance Redressal Committee for each district, headed by the Chief District Officer, VDC chairpersons, two representatives from APs (one man and one woman), local representative, NGOs and representatives from DoR in the rank of Assistant Engineer. The CRO or his nominee, a field-based Assistant Engineer will be the member- secretary of the committee and shall act as the Project's Grievance Officer. GRC will meet at least once a month and the decision of GRC would be final. The Committee shall deliver its decision within four to six (4-6) weeks of registration of the case. The functions of the Grievance Redressal Committee shall be to (a) provide support to APs on problems arising out of their land/property acquisition and/or eviction from the road ROW land; (b) record the

x grievance of the APs, categorize and prioritize the grievances that need to be resolved by the Committee; and (c) report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities.

G. Resettlement Databank

28. All information concerning resettlement issues related to land acquisition, socio- economic information of the acquired land and affected structures, inventory of losses by individual APs, compensation and entitlements, payments and relocation will be collected by the PIU through its concerned field offices and computerized by the PIU office. This data bank would form the basis of information for RP implementation, monitoring and reporting purposes and facilitate efficient resettlement management.

H. Cost Estimates for RP Implementation

29. The Resettlement Plan will be implemented from June, 2005 to the third quarter of 2006. MPPW and DoR will initiate some advance actions such as the establishment of the PIU, identification resettlement staff for the headquarters in Nepal and the DPSUs / field offices, formation of GRCs, sub-project level committees and hiring of NGO for resettlement implementation following loan negotiations. The project will provide adequate advance notification to the APs and will be paid their due resettlement benefits, including relocation and income restoration/assistance prior to start of construction work. All activities related to land acquisition and resettlement will be completed prior to award of civil works contract. 30. The total estimated cost for land acquisition and resettlement is expected to be in the amount of NRs. 345180160 ($ 4.8 million). The replacement cost of land and structure is based on current market price. An independent evaluation was carried out to assess the replacement value of the land and structures that will be affected by the project. The market value was assessed on the basis of recent transactions, sale and purchase of lands and consultation with revenue department and local people. 14. 31. MPPW and DoR are committed to set aside and provide the respective amounts of funds for RP implementation in an efficient and timely manner during the course of the Project. MPPW and DOR will guarantee to meet unforeseen obligations in excess budget estimates.

I. Monitoring and Evaluation

32. RP implementation will be monitored both internally and externally. DoR through their PIU / DPSUs and NGO will be responsible for internal monitoring through their field level offices and will prepare monthly reports on the progress of RP implementation. In addition, Project Supervision Consultants (PSC) will have a full-time Resettlement Specialist to provide necessary technical assistance and monitor the RP implementation and will report on a quarterly basis to DoR and ADB on the progress of resettlement activities. An External Monitoring agency will be engaged from first quarter of 2005 that will conduct independent bi- annual review and post-project evaluation of resettlement implementation.

J. Reporting Requirements

33. The CRO / PIU will be responsible for supervision and implementation of RP and prepare monthly progress reports on resettlement activities and submit to the ADB for review. PSC will also monitor RP implementation and submit quarterly reports to DoR and ADB. The external monitoring agency will submit bi-annual review directly to ADB and determine whether or not resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/enhanced and suggest suitable recommendations for improvement.

xi Draft Final, Land Acquisition and Resettlement Plan

Table 4. Entitlement Matrix Nature of Loss 15. Application 16. Definition of 17. Entitlements 18. Result of Action and AP Responsibility Loss of agricultural 19. Land and other 20. Person(s) with • Cash compensation based on current market rate / 22. Compensation for lost /residential assets acquired for land records replacement value. Absentee landlords will receive only assets /commercial land by project roads and/or verifying ownership compensation at current market / replacement value. 23. landowners legally confirmed / identified by SES • The compensation amount will be fixed by the CFC and 24. DoR and CDO ownership rights on the sub-project level committee through the process of existing ROW community consensus valuation. • If the AP opts to purchase land, then the project to assist APs to purchase alternate land of their choice within 1 year. • All fees, taxes and other charges, as applicable under relevant laws incurred in the purchase, relocation and resource establishment are to be borne by the project. • If the residual agricultural plot(s) is (are) not viable, i.e., less than the average land holding in the district, the following options will be given: • The AP keeps the remaining land and the compensation and assistance is paid to the AP for the land to be acquired • Compensation and assistance are given for the entire plot including the residual plot, if the owner wishes that DOR should also acquire his residual plot. • If the AP is from a vulnerable category, compensation for the entire land is by means of land for land if preferred by the AP, provided that land of equal of better productivity is available. 21.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 1 - 37 Draft Final, Land Acquisition and Resettlement Plan

Loss of residential / Land on which property Owners of the • Cash compensation for loss of built-up structures at full Restoration of residence / shop. commercial structure stands purchased or structure replacement costs. Absentee landlord will receive by titleholders reclaimed for road compensation only at replacement costs. DoR and CDO purposes • The compensation amount will be fixed by the CFC and the sub-project level committee through the process of community consensus valuation. • Owners of affected structures will be allowed to take/reuse their salvageable materials for rebuilding/rehabilitation of structure. • In case of relocation, transfer allowance to cover cost of shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. Loss of residential 25. Land and structure Owners of • Cash compensation for loss of built-up structures at full 26. Relocation of squatters / and Commercial within government Structure replacement costs. (Will not be entitled to compensation encroachers structure by ROW for land) 27. squatters / • Owners of affected structures will be allowed to 28. DOR/CDO/NGO encroachers take/reuse their salvageable materials for rebuilding/rehabilitation of structure. • In case of relocation, transfer allowance to cover cost of shifting the effects and materials will be paid on actual cost basis or on current market rates 29. Loss of Land purchased or Owner of crops • Advance notice to APs to harvest their crops. Cash income for lost crops agricultural crops reclaimed for road • In case of standing crops, cash compensation for loss of purposes agricultural crops at current market value of mature crops, DoR and CDO based on average production. 30. Loss of fruits Land purchased or Owner of crops or • Compensation for loss of fruit trees for average fruit Cash income for lost crops/trees and other trees reclaimed for road trees production ( to be determined by the CFC or next 15 purposes years to be computed at current market value. DoR and CDO • Compensation for the loss of other trees at current market value of wood (timber or firewood, as the case may be). 9. Income 31. Land acquired for 32. Persons with • Provision of skill development trainings for at least one 33. DOR/CDO/NGO restoration the project roads and land records family members of each affected households. @ NRs. assistance legally confirmed verifying ownership 3000 per family to start a new productive activity. ownership right on the • Such APs will be provided with a one-time Economic land and extent of loss Rehabilitation Grant (ERG) upto an amount of NRs 6000 more than 10 percent of per family, in the form of productive assets based on the loss of the total land type of activity chosen by the AP. holding.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 2 - 37 Draft Final, Land Acquisition and Resettlement Plan

Temporary loss of Business affected by Owner of business • One-time lump sum grant; minimum one-month’s income Short-term compensation for loss income by road construction / business tenants based on the nature of business and type of losses of income. commercial structure assessed on a case-to-case basis. owner / tenants DoR and NGO conducting businesses from rented premises / land Loss of business Structure on acquired Owner /renter of • The amount of deposit or advance payment paid the Removal /relocation assistance premise owners / land and/or legally business premise business tenant to the landlord will be deducted from the business tenant confirmed ownership payment of the landlord. DoR and NGO rights on ROW • One-time cash assistance of NRs. 2000 equivalent for moving to alternative premise for re-establishing the businesses. • Shifting allowance will be paid to affected businessmen (if applicable), on actual cost basis. Loss of wages by Income reduced during Employees of • One-time financial assistance equivalent to 30 days Assistance for income loss. employees period of readjustment businesses wages to be computed at local wage rates for various cadres.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 3 - 37 Draft Final, Land Acquisition and Resettlement Plan

Loss of land Land acquired Owners of land • Contractor to negotiate a contract agreement on the rental Compensation for temporary loss temporarily for the temporarily by rate with the owner for temporary acquisition of land. of assets. use of contractors contractors • The contract agreement should include compensation for during construction crop losses for the duration of temporary occupation plus one more year necessary for the soil to be adequately DoR and Civil Works Contractors prepared to its original productiveness. Land restored to its original condition and returned to the owner. • Project and the contractor to ensure that persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period.

Loss of religious, Cultural /community Temple • Complete rehabilitation/restoration by the Project; or, Replacement /restoration of cultural & community property on project Mosque • Cash compensation for restoring affected structure /facility structures /facilities ROW cultural/community structures and installations, to the recognized patron/custodian. DoR and NGO Unanticipated The EA and project implementation authorities will deal with any unanticipated consequence of the project during and after project implementation in adverse impact due the light and spirit of the principle of the entitlement matrix. to project intervention or associated activity

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 4 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table of Contents

ACRONYMS

Summary

CHAPTER –1 THE PROJECT...... 1

1.1 Introduction ...... 1 1.2 Project Description...... 1 1.2.1 Birgunj – ICD Access Road ...... 2 1.2.2 Bhairahawa – Parasi Road Improvement ...... 3 1.3 ROW and Project Impacts ...... 3 1.4 Measures to Minimize Resettlement...... 4 1.5 Objectives of the RP ...... 5 1.6 Resettlement Principles and Guidelines ...... 5 1.7 Community Response to the Project...... 5

CHAPTER –2 PROJECT IMPACT AND RESETTLEMENT...... 7

2.1 Approach...... 7 2.1.1. Listing, Socio-Economic Survey and Consultation ...... 7 2.1.2 Census Survey and Disclosure to APs ...... 7 2.2 Project Impact ...... 7 2.3. Types of Losses...... 8 2.3.1 Loss of Land...... 8 2.3.2 Households losing Structures (Residential and Commercial) ...... 10 2.3.3 Loss of Community Structure...... 11 2.3.4 Loss of Livelihood ...... 11 2.4 Socio-Economic Profile of the Affected Households ...... 12 2.4.1 Family Structure...... 12 2.4.2 Education and Vulnerability ...... 12 2.4.3 Gender Role...... 13 2.4.4 Occupation and Economy...... 14 2.4.5 Income levels ...... 14 2.5 Resettlement and Relocation...... 15 2.5.1 Resettlement and Relocation Options for households losing agricultural land …...... 15 2.5.2 Resettlement and Relocation Options (Commercial and Residential Structure)...... 15 2.5.3 Income Restoration Assistance to Re-establish Livelihoods ...... 15 2.5.4 Income Restoration Strategy ...... 16

CHAPTER – 3 RESETTLEMENT PRINCIPLES AND ENTITLEMENT MATRIX...... 18

3.1 HMGN Laws and ADB Policy Requirements ...... 18 3.2 Current Resettlement Practice in Nepal...... 19 3.3 Resettlement Principles and Entitlement Matrix ...... 20 3.3.1 Compensation for loss of land and standing crops/trees...... 20 3.3.2 Compensation for structures (residential/commercial) and other immovable assets…………21 3.3.3 Assistance for loss of business/wage income ...... 21 3.3.4 Re-building and/or restoration of community resources/facilities ...... 22 3.4 Entitlement Matrix ...... 22

CHAPTER-4 COMMUNITY PARTICIPATION AND IMPLEMENTATION FRAME WORK...... 27

4.1 Disclosure and Consultation…………………………………………………..……………………..27 4.2 Institutional Arrangement…………………….………………..……………...... 27 4.3 Grievances Redress Committees…………………………...... 28

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 1 - 37 Draft Final, Land Acquisition and Resettlement Plan

4.4 DoR’s Institutional Capacity in resettlement……………………………………………………….29 4.5 Staff Training in Resettlement Implementation…………………………………………………....30 4.6 Resettlement Databank ….………………………………………………………………………….30 4.7 Resettlement Implementation Schedule………………………………………………………..…..31 4.8 Resettlement Budget and Cost Estimates………………………………………………………....32

CHAPTER- 5 MONITORING AND EVALUATION…....……………………………...... 35

5.1 Introduction ……………………………………………………………………………………….35 5.2 Internal and External Monitoring...... ……..35 5.3 External Monitoring and Evaluation...... 36 5.4 Reporting Requirements...... 37

List of Tables:

Table-1: Estimated Road Length and Land Acquisition Requirements Table-2: Summary of Land Acquisition and Resettlement Impact Table-3: Distribution of Land Plots According to Extent of Loss in Birgunj-ICD Subproject Table-4: Distribution of Plots According to Extent of Loss in Bhairahawa-Parasi Sub-project Table-5: Loss of Structures (Residential / Commercial ) in the Sub-project Table-6: Loss of income by Mobile / Movable Commercial Sheds Table-7 Family Composition Table-8: Educational Level Table-9: Vulnerable Households Table-10: Educational Status of Women Table-11: Gender Role in Decision Making in Social and Economic Activities Table-12: Occupational Background of the Sampled HHs Table-13: Average Income Level of Affected Households Table-14: Entitlement Matrix Table- 15: Tentative Cost Estimate Land Acquisition Resettlement and Compensation

List of Figures:

Figure – 1: Organizational Structure of Implementing Land Acquisition and Resettlement Plan Figure – 2: Draft Schedule of Land Acquisition and Compensation Figure – 3: Overall Land Acquisition and Resettlement Implementation Schedule

List of Annexure:

Annex - 1 A: Details on Land Acquisition on Bhairahawa – Parasi Sub-project Annex - 1B: Details on Land Acquisition on Birgunj – ICD Sub-project Annex - 2 List of Affected Plots and Plots Owners (Being prepared) Annex - 3 List of Affected Structures in Jeetpur Section of Birgunj-ICD Sub-project Annex - 3B List of Affected Structures in Bhairahawa-Parasi Sub-project Annex - 4 Nepali Translation Version of LARP used for Community Disclosure Annex - 5 List of Commercial Huts, Mobile Commercial Centers (Ghumtis) in the Sub- Projects Annex - 6 Land Acquisition and Resettlement Costing Methodology Annex - 7 TOR for the NGOs Annex - 8 TOR for External Monitoring Agency Annex - 9 Capacity Building Plan for Resettlement Implementation Annex - 10 Land Cost Expected by the Titleholders in the Sub-projects

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 2 - 37 Draft Final, Land Acquisition and Resettlement Plan

CHAPTER –1

THE PROJECT

1.1 Introduction

1. The Sub-regional Transport Facilitation (SRTF) Project will assist the Government to improve customs and trans-shipment facilities at principal border crossings in Nepal, whereby the sub-regional transport network will be improved between Nepal and India, Bangladesh, Bhutan and other third countries. The main focus of this project is on cross border access road improvement and up-gradation and development of customs and freight handling facilities. This Land Acquisition and Resettlement Plan (LARP) has been updated based on census and socio-economic survey completed during July 2004. The activities include in census are; (i) collection of cadastral maps coming under the proposed alignment,(ii) superimposing the proposed road alignment on the cadastral map,(iii) 100 percent census of structure owners (iv) census the name of affected land and structure owners, (v) consultation with 43 percent affected land/structure owners/encroachers10 (iv) technical verification and calculation of the extent of effects on the land and structures due to project, and (v) assessing socio-economic profile of the households along the corridors of proposed alignment of the sub-project area.

2. In line with the policy guidelines of the Asian Development Bank, this Land Acquisition and Resettlement Plan (LARP) has been prepared as a mitigation measure against adverse impacts likely to occur in the sub-project sites of the Sub- regional Transport Facilitation Project in Nepal. There are 3 sub-project sites under this project including: (i) Kakarbhitta ICD Improvement Sub-project; (ii) Birgunj ICD access road Sub-project; and (iii) Bhairahawa-Parasi Road Improvement Sub- project.

3. Based on the preliminary engineering design and requirements, Birgunj ICD access road Sub-project and Bhairahawa-Parasi Road Improvement Sub-project would require land acquisition and resettlement. In the case of Kakarbhitta ICD Improvement Sub-project, the technical design has not shown for the requirement of land acquisition and any other resettlement impact as the Customs office already has adequate land for the ICD development.

4. HMGN/Ministry of Physical Planning and Works (MPPW) will be the Executing Agency (EA) and Department of Roads (DoR) will be the Implementing Agency for the Project. The first draft resettlement plan was prepared in June 2004 and was officially approved by DOR and disclosed to the affected persons. In case, there is furthermore change in scope of the project during detailed design, an updated/revised resettlement plan will be submitted to ADB for approval prior to award of civil works contract.

1.2 Project Description

10 The total agricultural and residential/commercial land plots coming under the sub-project is 2841. The land owners were consulted during different stages of census. 948 land owners were consulted while preparing household list coming under the estimated COI are of the sub-projects during socio-economic survey, 133 structure owners, 27 land owners having movable temporary commercial shed in their own land during socio-economic survey, and 115 land owners were consulted while assessing the expected cost land from the owners.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 3 - 37 Draft Final, Land Acquisition and Resettlement Plan

5. A brief description of the sub-project components is provided in Table 1 and a details on land acquisition for both sub-project is provided in Annex -1. Table-1: Tentative Estimated Road Length and Land Acquisition Requirements Name of Sub-Project Proposed Activities Tentative Land Required (K.M.) (ha) Kakarbhitta ICD Construction of ICD on existing - (7.5 ha owned by Government land (7.5 ha) Govt.) Birgunj ICD Access Road New Alignment – Bypass 10.250 51.25 Municipality and VDCs Coming Under Existing 411 lane Padam Road 0.600 1.8 Alignment

1. Bhawanipur/Jeetpur Improvement of Existing Jeetpur 1.540 1.725 2. Lipnibirta Section (including 0.5 ha. 3. Maniyari owned by Govt. ) 4. Bhawanipur 5. Harpatgunj Sub-total 12.390 K.M. 54.775 ha 6. Ramgadhwa (0.126)12 7. Srisiya 54.649 Bhairahawa- Parasi Road Bhairahawa-Parasi Section 22.5 25.595 Improvement Municipality and VDCs Coming Bypass Hulaki Road 0.5 0.9 Under Alignment Parasi Bhumai 6.0 K.M 0.535

1. Siddharthanagar Sub-total 29 K.M 27.03 ha Municipality 2. Parasi(Ramgram) Municipality 3. Basantapur 4. Dhakdhai 5. Chipagadh 6. Hakui 7. Sukrauli 8. Majharaiya 9. Jamuad 10. Ramnagar(Bhumai) Total 41.39 K.M 81.679 (ha)

Source: Preliminary Technical Design/ April – May 2004

1.2.1 Birgunj – ICD Access Road

6. The Birgunj – ICD access road includes improvement and construction of about 54.649 km of road. The sub-project can be divided in two types based upon its COI. The proposed new alignment bypass section of the road under the sub-project that passes from Parwanipur to Padam road to join ICD at Birgunj will have 50 ROW for future expansion. However the construction activity will be limited within 18-20 m. In the case of Padam Road section (about 600 meter) and Jeetpur section (about 1.727 km) it is designed to be of 30 meter width.

7. The proposed alignment covers a major marketing and industrial area in Jeetpur bazaar and Parwanipur (from where the bypass starts for the Dry Port). Between Jeetpur and Parwanipur there is a portion of Tribhuvan highway and both are part of the industrial area. Similarly, there is also an emerging scope of market area development along Padam Road near Dry Port. In this sense, the existing

11 Previously section had a 18 m COI and as per the revised technical design, July 2004 it is 50 m 12 This area covers a bridge which will not be included in the project so the portion has been removed from the total area to be acquired.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 4 - 37 Draft Final, Land Acquisition and Resettlement Plan market facility, access to the market and future scope of market development in the area is obvious in the sub-project area after the implementation of proposed project.

1.2.2 Bhairahawa – Parasi Road Improvement

8. For the stretch from Bhairahawa to Nawalparasi, as per the technical design the width of the road is approximately 11m including hard shoulder on both sides (18 m COI). The road begins from the zero chainage at Devkota Chowk at Siddharthanagar Municipality of Rupandehi district towards east to Parasi.The road links two districts; Rupandehi and Nawalparasi. There is about 2.5 k.m existing single lane bituminous road with 3.5 meter width in between Siddharthanagar Municipality to Basantapur VDC of Rupandehi district. The proposed alignment crosses at 2.9 k.m. in Ramgram municipality area of Nawalparasi district. The alignment passes through both Municipality and Village Development Committees (VDCs) of the both districts.

9. The major accesses to the proposed alignment are Bhairahawa, Butwal, Maheshpur and Sunauli of India. Similarly, a two lane bituminous road has been found expanded up-to the chainage 3+500.00 of Basantapur VDC within the proposed alignment. There is also a settlement in Basantapur VDC area immediately after crossing the Danda river which is the landmark of distinguishing Siddharthanagar municipality and Basantapur VDC of Rupamdehi district. Another settlement with the possibilities of having better access from the existing and proposed alignment is Dhakdhai Bazaar in between the chainage 5+400.00 to 12+400 of the existing alignment. Likewise, some of the other places expected to be benefited in terms of better access by the proposed alignment are Sukrauli VDC and Bhumai bazaar of Ramnagar VDC of Nawalparasi district (chainage28+600.00 to 29+134.55).

1.3 ROW and Project Impacts

10. Overall, the two sub-projects (i) Birgunj-ICD access road and Bhairahawa- Parasi road improvement sub-projects would require a total land acquisition of about 81.67 ha (Table-1). Out of the total land to be required about 54.64 ha of land estimated to be acquired for Birgunj-ICD Sub-project and the area is 27.03 ha in case of Bhairahawa-Parasi sub-project. In Birgunj-ICD sub-project, except for a narrow strip (about 0.5 hectare) a cattle market is located on government land in Jeetpur, the rest is privately owned. The Village Development Committee (VDC) owns this land and the market will be required to be pushed back in close consultation with VDC and local people. For Kakarbhitta ICD Improvement, the technical design has not shown the requirement of land acquisition because the Customs Department already own 7.5 ha of land which is adequate for the proposed improvement.

11. Based on the census data about 2412 land plots (2076 in Bhairahawa sub- project and 336 in Birgunj sub Project) comes under the two sub-project having affecting about 81.67 ha of land. Out of the total identified plots (2076) about 682 plots have been found lacking official boundary in Bhairahawa-Parasi sub-project. Therefore, only 1394 plots from Bhairahawa-Parasi-sub- project and 336 plots from Birgunj-ICD sub-project were covered making a total of 1730 in order to access the extent of impact. Therefore, DOR through CDO of the respective district will undertake classification of the plots and measurements under the Compensation Fixation Committee to be formed under the Chief District Officer of respective districts. Based on the census record, description on the census the effected plots of

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 5 - 37 Draft Final, Land Acquisition and Resettlement Plan

Birgunj-ICD and Bhairahawa – Parasi sub-projects are given in Annex – 2 A and 2 – B.

12. One of the key findings related to Jeetpur section ( Jeetpur Bhawanipur VDC) of the Birgunj-sub-project area is that, in 1974, HMGN enacted Public Road Act. The act in its section stipulated that HMGN could acquire public land in accordance with other laws for the construction and extension of public road. At that time there was no legal provision of compensating for land to be acquired for public purposes.

13. The Act required that local people to maintain a ROW of 25 meters on both sides. However, people refused to follow the government order and due to political pressure land right were not transferred in the name of HMGN. Consequently, people started constructing structures on the ROW, since there lacks administrative enforcement on preventing people from building structures on government land and no formal procedures in the VDC to provide or refuse permission for construction of such structures.

14. Then in 2001 in order to carry forward the instructions laid in 1974 (Public Road Act) the government formally notified the land and structure owners of Jeetpur section to evacuate 25 meter ROW in both side of the existing Tribhuvan Highway.

15. In 1977 the Land Acquisition Act was enacted and local people appealed to the court against the government decision. The government verdict in April 2002, mentioned that the ROW was fixed during the year 1974 after the enactment of Act. The affected persons who were unable to show evidence having their structure before 1974 was not entitled to any kind of compensation.

16. Based on field assessment and consultation with people, it was found that the affected persons were unwilling to show the legal documents and even could not mention the plot number of their property, as most of them had already encroached on the government land. Based on the findings and consultation with line agency, DVC and local people – they will be compensated for their structure only.

17. In regard to project's affect on building/structure, there are about 121 structures/households in Birgunj –ICD Sub-project and Bhairahawa – Parasi sub- project (102 in Jeetpur section and 19 in Padamroad section). The total structure also include two VDC owned buildings, a Temple, two Gaushala13 a Mosque, and a public bank to be affected in Birgunj-ICD sub-project area. Another 14 structure in Bhairahawa-Parasi Sub-project would also be affected. Annex-3 A and 3 B provides details of the affected structures in both sub-project areas. The location of specific drawings of the affected houses/structures are given in Volume II of the report. Collectively, loss of agricultural land, loss of residential structure, loss of business, loss of community structure, loss of employment and loss of business by tenants are the major resettlement related impact likely to be occurred due to the project.

1.4 Measures to Minimize Resettlement

18. Based on consultation with various stakeholders and the Project Engineering team the following measures were undertaken to minimize resettlement and reduce disruption of livelihoods:

- For the Kakarbhitta Sub-project – An access road will be built for the community residing within the Customs Department’s land to avoid

13 cowshed

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 6 - 37 Draft Final, Land Acquisition and Resettlement Plan

displacement of households. Additionally, the internal road within the ICD for access of trucks, goods vehicles, and containers will be built away from the existing temple built by the local communities within the ICD area.

- In both, Bhairahawa and Birgunj Sub-projects, The design has included the existing gravel road as far as possible to minimize the extent of land acquisition. In addition, for Birgunj by-pass, the design has included agricultural land acquisition instead of utilizing a service gravel and bituminous road, where resettlement would potentially fall into the highly severe category and lead to displacement of residential structures. All efforts will be made to reduce negative impacts during detailed design and throughout the project implementation process.

1.5 Objectives of the RP

19. The main objective of this RP is to provide an effective guideline for the HMGN and SRTF Project Implementation Management to use for acquisition of land, necessary resettlement and entitlements to implement the SRTF Project and ensure that the people and households affected by Land Acquisition and Resettlement are compensated under the prevailing legal norms of HMGN and in compliance with guidelines of the ADB.

20. The RP has been prepared taking into account the general findings of the census and socio-economic survey (SES) data, field visits, line agencies and meetings with various stakeholders in the project area. The RP identifies (i) the impacts and extent of losses; (ii) principles and legal framework applicable for mitigation of losses; (iii) provisions for relocation assistance and restoration of businesses/income; and (iv) responsibilities for delivery and monitoring of the RP measures. Based on the social consultation and field observation for the residential and commercial households the impact will also be limited as adequate private land is available nearby. Likewise, there are relocation opportunities on the existing ROW for the movable/mobile commercial “Gumtis”.

1.6 Resettlement Principles and Guidelines

21. The resettlement principles adopted in this project will provide compensation and resettlement assistance to all affected persons and businesses, including encroacher/squatters on the project Zone of Influence. The basic resettlement principles and guidelines include:

- Where land acquisition is required, it will be carried out in a way to minimize the adverse impacts and to avoid displacement as much as possible. - Replacement land/or cash compensation at market value to households affected by the loss of agriculture or other kind of land. - Cash compensation will be paid for structure (residential/commercial) affected by the sub-project - Provision of relocation on the edge of the available ROW (if possible), to avoid severe social distress to the AP. - Provision of multiple options for resettlement (for example; “self relocation, assisted restoration) of the affected residential structure, including encroacher/squatters. - Assistance should be provided to owners of residential structures and encroachers/squatters households, who may incur loss of ability to maintain livelihood during relocation and resettlement

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 7 - 37 Draft Final, Land Acquisition and Resettlement Plan

- Rehabilitation assistance i.e., compensation for lost business and workdays (including employee) due to relocation.

22. These principles are further explained in the Entitlement Matrix (chapter-3).

1.7 Community Response to the Project

23. Communities in the sub-project areas have been found to be quite positive regarding the proposed project interventions as they felt that the road and ICD developments to be a pre-requisite for the over all socio-economic development in their area. They have the following suggestions regarding the project design. They include;

- Provision of compensation as per prevailing rate - The road alignment should avoid the settlement as much as possible to avoid road accidents. - The alignment should use the existing road to minimize land acquisition and resettlement. - Those who have less land holding should be excluded from the land acquisition. - Quick decision and implementation - Religious and cultural sites and plants (like; Temple, Mosque, Peepal tree, ponds etc) need to be protected - Compensation should be provided only after verification of affected properties and official record by the government.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 8 - 37 Draft Final, Land Acquisition and Resettlement Plan

CHAPTER –2

PROJECT IMPACT AND RESETTLEMENT

2.1 Approach

2.1.1. Census, Socio-Economic Survey and Consultation

24. A census of affected households within the ZOI of 18- 50 m based on design requirements was carried out for the two sub-project components followed by a 20% sample socio-economic survey of the affected households during April-July 2004.

25. Consultation sessions were also held with the representatives of the affected households on certain critical stretches, namely: Birgunj, Padamroad, RamGadhwa, Jeetpur, Bhumai, Basantapur, Parasi, Bhairahawa and so on in order to understand community’s response to the project, perceived benefits and impacts, road alignment needs/options, resettlement / relocation options and choices.

2.1.2 Census Survey and Disclosure to APs

26. Based on the recent preliminary engineering design, a field census/survey and consultation sessions was carried in July 2004 as per ADB policy & disclosure of RP. During the census it has been identified that in both sub-project sites several plots has been identified lacking plot numbers and owners’ name. A wing of the government land measurement office called NAAPI GWASHWARA is involved in updating such gaps. But insecurity through out the country has remained as one of the major barrier on perusing this activity. 27. The summary resettlement plan, translated into Nepali have been disclosed to the community through the district level line agencies to the affected persons along with the census survey. The Translated version is attached in Annex-4 During detailed design, the Executing Agency will submit an updated Resettlement Plan for ADB approval prior to award of civil works contracted.

2.2 Project Impact

28. Based on the census of households and socio-economic survey, one (Kakarbitha ICD) out of three sub-project components were found totally clear of any resettlement effects. An estimated total land area of about 81.67 hectares will need to be acquired for two of the access roads in Birgunj and Bhairahawa. The cadastral map, superimposed on the plan and profile drawing of the alignment design is given in volume II. Of affected lands, more than 81 hectare are individually / privately owned and utilized by the respective affected people (AP) for agricultural production or built-up residential and commercial structures. The Village Development Committee (VDC) owns about 0.5-hectare, which is a government land. Based on the census survey the project impacts are provided in the Table -2.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 9 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table –2: Summary on Land Acquisition and Resettlement Impact Resettlement Impacts Birgunj ICD Access Bhairahawa – Parsi Total HHs No. APs HHs No. APs HHs No. Aps (based on (based on (based on (with affected plots) affected affected differe plots) plots) nt HH size) Agricultural/Prime 29114 158315 80516 698717 1396 8750 Agricultural land (based on land record) Homestead land (based 45 245 589 5112 634 5357 on land record)

- - 682 5920 682 5920 Plots Lacking Official Boundary (based on land record) Sub-total of Land and APs. 336 1828 2076 18019 2412 19847 (based on land record)

Résidentiel/ Commercial 115 626 14 121 129 747 Structure (In Jeetpur and (In Parasi) Padam Road Sections) Loss of business 105 571 163 1414 268 1985 Loss of Community Structure 618 (Jeetpur) - - - - - Employees 26 - 40 66 Business tenant 48 288 24 192 72 480 Total 2881 23125 Note: The data presented in this table is based on census record. As the updated complete list of titleholders name from the government office could not be obtained due to not availability of the complete record, the survey has adopted the number of affected plots as affected houses. In this sense, the extent on the number of households and population could be less than presumed by the study. It is in the sense that several plots could be owned by a single family.

29. Apart from loss of 2412 number of plots of agricultural land loss of structures have also been reported in both sub-projects. Such structural loss includes, 115 (96 in Jeetpor and 19 in Padamroad) buildings/structuresholds and 6 community structure in Jeetpur section under Birgunj- sub-project and 14 houses/structures under Bhairahawa – Parasi sub-project will also be affected in terms of their residential/commercial utilities. Likewise, 268 people each of them having temporary /movable commercial structures locally called “GHUMTI” will suffer temporary loss of income during construction period. The survey also recorded approximately 66 employees and 72 business tenants suffering income losses temporarily. Based on census data and field observation, in Jeetpur section of Birgunj-ICD sub-project, 92 structure seems are encroachers and 9 as squatters using the structures both for residential and commercial purposes. And all the 14 structures in Bhairahawa – Parasi Sub-project are titleholders.

2.3. Types of Losses

2.3.1 Loss of Land

30. The major impact of the project is the loss of about 81ha of land, in both Birgunj-ICD sub-project and Bhairahawa –Parasi sub-projects. As per the findings of census about 2412 plots of agricultural land will be affected and no agricultural

14 Based on census survey data, July, 2004 15 Average family size 5.44 16 Based on government land record 17 Average Family size 8.68 18 One Gausala(cowshed), one Durga temple, Private Bank Building one mosque, two VDC structures

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 10 - 37 Draft Final, Land Acquisition and Resettlement Plan tenants has not been reported. In Bhairahawa-Parasi sub-project, the extent of impact in terms of loss on agricultural land could be less as most of the portion of the proposed alignment passes through the existing graveled road. Out of the total land only about 0.5 hectare is owned by the VDC, which is a government land. On this VDC land along Jeetpur road there is a cattle (buffalo) market. The methods of assessing the loss in both sub-project and the extent of loss is discussed as follows:

A. Birgunj-ICD Sub-Project

31. Based on census data there are altogether 336 land plots to be affected under this sub-project. Preliminary estimation shows 175 out of 336 (about 52.08 percent) land plots are likely to be affected within the range of 50 to less than 100 percent and 45 plots (13.39 percent) are affected completely. The proportion of land loss within the range of up-to 10 percent is negligible, only 8 (2.38 percent). In this sub project about 300 owners’ name have also been recorded. Table-3 provides a preliminary estimation on the average percentage of land loss likely to be occurred in the sub-project area.

Table – 3: Land Plots in Birgunj-ICD Subproject According to Extent of Loss Extent of Loss in No of Affected Plots by Percent of Total Plots Percent Range of Loss Less than 10 % 8 2.38 10 – 25 % 20 5.95 25 – 50 % 88 26.19 50 – below 100 % 175 52.08 100 % 45 13.39 Total19 336 100 Source: Census Record , July, 2004

Note: (i) About 600 meter road in the dry port area (Padam Road) of Birgunj Sub- project have been modified to be of 30 m ROW during July, 2004 (ii) The 50 m. ROW has been designed for the bypass section ( about 10.25 km) (ii) The above calculation of the affected land does not incorporate the plots not having official boundary of the plots.

A. Bhairahawa-Parasi Sub-Project

32 As per the census data there are altogether 2076 land plots to be affected by Bhairahawa-Parasi Sub-project. Out of them 682 plots have been found without having official boundary. Therefore, while calculating the project impact in terms of land loss, only 1394 plots having boundary has been used. In this sub-project about 800 plot holders’ name have also been recorded. However, the area of plots lacking official boundary has to be confirmed by the Compensation Fixation Committee (CFC) during compensation. In this sub-project, the proportion of land having effect in terms of loss within the range of up-to 10 percent and 10 to 25 percent have been found to be higher. About 500 plots (35.88 percent) seems to be affected up-to 10 percent and about 367 (36.32 percent) likely to be affected within the range of 10 to 25 percent. On the contrary, the proportion of land having loss between the ranges of 50 – below 100 percent seems to be quite low compared to Birgunj-ICD Sub-project. In Bhairahawa-Parasi Sub-project the number of affected plots having 100 percent loss is 162. Table-4 below provides a preliminary estimation on the average percentage of land loss likely to be occurred in the sub-project area from the calculated 1394 plots.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 11 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table – 4: Land Plots in Bhairahawa-Parasi Sub-project According to Extent of Loss Extent of Loss in No of Affected Plots by Percent of Total Plots Percent Range of Loss Less than 10 % 500 35.86 10 – 25 % 367 26.32 25 – 50 % 291 20.88 50 – below 100 % 74 5.31 100 %20 162 11.63 Total 1394 100 Source: Census Record , July, 2004

33. No agricultural tenants has not been reported in both of the sub-project area. Out of the total land only a less than 0.5 hectare has been reported to be owned by the VDC, which is a government land. On this VDC land along Jeetpur road there is a cattle (buffalo) market. Apart from this, there will also be a temporary loss of private agricultural land. During the construction period the contractors would require to build their plant sites and access roads. Although the amount of land that will be required cannot be estimated, compensatory provision has been included in the entitlement matrix and the associated costs will be included in the contract-bidding document.

2.3.2 Households Losing Residential/Commercial Structures

34. It has also been estimated that a total of 121 houses/structures including 6 community structure are likely to be affected in Birgunj sub-project and 14 houses/structure in Bhairahawa-Parasi sub-project making a total of 135. Based on census data and field verification, the extent of loss is expected to be less than 50 percent for about 50 percent of the affected structures. In Jeetpur section of Birgunj Sub-project all the affected structures are claimed to be builded in own’s land but none had the information of the land plot number and none were willing to show any documents related to land as mentioned in the earlier chapter. In Bhairahawa-Parasi sub-project the owners were found reporting the plot numbers of their affected structures. In this sub-project 7 out of 14 houses has been reported to be affected by less than 25 percent whereas remaining 7 are in the range of 50 to 75 percent loss. In terms of type of structure, 5 out of 14 houses in Bhairahawa-Parasi sub-project have been reported to be thatched houses. Based on the interview with effected households such thatched houses are constructed basically to take care of agriculture and for keeping small business stall along the existing road for the supplementary sources of income. All of the thatched house owners have been reported owning their regular residence inside the village. In this sub-project area all the houses were reported to be owned by titleholders. There seems no shortage of land in case the need of purchasing for relocation. Affected people are of the opinion that provision to keep commercial centers at the edge of ROW may help improve the local market as well as the people. A Detailed breakdown on the type of structure expected to be effected in the sub-project area is given in Annex-6. However, the number of houses likely to be affected by each sub-project is given in Table-5 below.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 12 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table – 5: Loss of Structures (Residential / Commercial ) in the Sub-project Loss of Residential and Commercial Structure of Birgunj Sub-project Sub-project Loss of No. Of Households (APs) Structure (No.) Jeetpur –Birgunj ICD Development Project 96 96 households (522 APs) 21 Padam Road- Birgunj ICD Development 19 19 households (103) Project Community Structure (1 Gausala, 1 Durga 6 - temple, one mosque, one private bank office and 2 VDC buildings) Sub-Total 121 - Bhairahawa-Parasi Access Road 14 1422 (122) Total Houses/ structure to be affected 135 747 Source: Census Record

35. Jeetpur is an important market centre and it has been observed that most of the owners have been found utilizing the houses even for commercial purposes (like; giving on rent for shops etc). Based upon the census data and consultation with line agencies the house/structure owners in this section of sub project are encroachers or squatters. They were found extending their building towards the road by encroaching government land for commercial purpose and this sort of practices is normal in the market area in Nepal. Basically, it is in the sense the structure owners along the highway have been mentioning that they were utilizing the land of ROW as earlier there were no any specific legal provisions neither in regard to ROW nor for constructing structures and nor even for compensation for acquiring land by the government. But since 1974 that the government initiated the task of maintaining the ROW after the enactment of Road Act 1974. Discussion with the DOR officials and local people has indicated lack of timely and effective implementing mechanism of government policies, lack of strict provisions of getting due permission from government authorities for constructing houses in the VDCs and opening small business stalls etc are some of the attributing factors in this regard. Here it may be noted that Jeetpur falls under Bara district and is still a VDC.

36. Consultations were carried out with both the titleholder and encroachers during the census. As discussed in chapter 1.3, the titleholder households were encroaching the government ROW in Jeetpur section of Birgunj.

2.3.3 Loss of Community Structure

37. The project will affect 6 community structures (Table-6) one temple, one mosque, one Gausala and two VDC owned buildings and a public bank building in the Birgunj sub-project area. Consultations with local people has been carried out to identify the options of relocating the structure around the existing location. In general, people are of the opinion that relocation site will not be a major problem. Local people think that extensive social consultation with the involvement of different political parties and representation from different social institutions may bring to a practical solution for relocation such community structures.

2.3.4 Loss of Livelihood

38. Besides, the households losing residential structures, which are also used sometimes for commercial purposes, nearly 268 mobile / movable commercial sheds (Ghumti) along the alignment of both Bhairahawa-Parasi and Jeetpur section of the

21 Average Family Size 5.44

15. Average Family Size 5.44 22 Average Family size 8.68

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 13 - 37 Draft Final, Land Acquisition and Resettlement Plan

Jeetpur-Birgunj-ICD Road will suffer temporary loss of income during the construction period (Table-6). Distribution of such movable/ temporary commercial huts according to sub-project and land where such structures are located is given in Annex-5.

Table-6: Loss of income by Mobile / Movable Commercial Sheds Sub-project On Government On Rented In Own Total Land Land Land Jeetpur-Birgunj 48 46 11 105 Bhairahawa- 123 24 16 163 Parasi Total 161 70 27 268 Source: Socio-economic HH Survey/April-May 2004

39. Out of the 268 mobile commercial sheds 161 were reported operating from government land, 27 had placed these structures in front of their own land and 70 were business tenants utilizing the owners household’s land beside the road for business purposes. Apart of them nearly 66 employees will suffer income losses temporarily. Such commercial centers, becoming small in size and movable from one place to another easily the owners may not suffer a lot due to the project for temporarily transforming such centers. On the other hand, there is less chances of need to close such commercial during the project implementation as there are several alternative areas along the existing road where they can be relocated. transfer in case of need for implementing project. However, the RP has made provisions of compensating for their losses during the construction period.

2.4 Socio-Economic Profile of the Affected Households

2.4.1 Family Structure

40. As per the socio-economic survey the average family size in the two sub- project areas ranged between 5.4 – 8.68 persons per household. However, about 66 percent of population out of the total has been found to be in economically active age group (10-60 years). Majority of the households lived in nuclear families. Similarly, Joint and Extended family system also informed in both sub-project areas.

Table-7: Family Composition Section Average Based on Consultation Family Size Nuclear % Extended % Joint % Total % Jeetpur – Birgunj 5.44 50 10 40 100 Parasi – Bhairahawa 8.68 50 10 40 100 Total/ Overall 7.06 50 10 40 100 Source: Sample HH Survey April- May 2004

2.4.2 Education and Vulnerability

41. In the both sub-project areas, the literacy level is extremely high, compared to the respective districts levels. Data collected on vulnerable groups include only women headed households. No households were identified to be living below poverty line or having members who were physically handicapped. In Nepalese society, women are deprived of their own property right. Traditional systems of keeping property mostly in the name of male family members, illiteracy etc are some of the reasons behind vulnerability of women. Therefore, they have been considered vulnerable and additional income restoration mechanisms have been included in the plan to restore their livelihoods.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 14 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table- 8: Educational Level Section Educational Level Literate (can School Above School Literacy Rate (%) read & write) Completed Jeetpur – Birgunj 74.8 14.2 11 77.73 Parasi – Bhairahawa 81.0 12.8 6.8 77.3 Source: Sample HH Survey, April-May 2004

Table- 9: Vulnerable Households Section BPL SC ST FHH (%) * OBC Total Jeetpur – Birgunj 7 Parasi - Bhairahawa 12.2 Source: Sample HH Survey, April-May 2004

2.4.3 Gender Role

42. Gender role in social and economic activities is also governed by female educational status besides other several socio-economic variables. As per survey results, female literacy status in terms of completed level has been reported to be quite poor in the sampled households. Although 80 to 83 percent reported to be literate females only 13.7 and 11.3 percent were found to have completed up-to school level education in Bhairahawa-Parasi and Jeetpur-Birgunj sub-project areas.

Table -10: Educational Status of Women Bhairahawa-Parasi Jeetpur-Birgunj Educational Status Sub-Project Sub-project Literate 238(83.8) 164 (80) School Completed 32 (11.3) 28 (13.7) Above School 14 (4.9) 13 (6.3) Total/ Overall 284 (100.0) 205 (100) Source: HH Survey/April-May/2004

43. The incidence of low educational attainment can be co-related with women’s lesser involvement and say in decision making in all aspects related to asset ownership, child’s education, property transaction, investments and other economic activities (Table-11).

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 15 - 37 Draft Final, Land Acquisition and Resettlement Plan

Table-11: Gender Role in Decision Making in Social and Economic Activities Activities Female Decides Male Decides Decides Jointly Total Responses Bhairaha Jeetpur- Bhairaha Jeetpur- Bhairaha Jeetpur- Bhairah Jeetpur- wa- Birgunj wa- Birgunj wa- Birgunj awa- Birgunj Parasi Parasi Parasi Parasi Asset Ownership 15 (11.1) 6 (7.1) 77 (57.0) 53 (63.1) 43 (31.9) 25 (29.8) 135 84 Social 5 (3.7) 3 (3.4) 57 (42.2) 38(42.7) 73 (54.1) 48 (53.9) 135 89 Children Education 2 (1.5) 2 (2.3) 26 (20.0) 22(25.6) 102(78.5) 62 (72.1) 130 86 Marketing 7 (5.2) 2 (2.2) 50 (37.0) 32(35.6) 78 (57.8) 56 (62.2) 135 90 Property Transaction 5 (3.7) 2 (2.3) 56 (41.5) 33(37.9) 74 (54.8) 52 (59.8) 135 87 Investment on Farm 3 (2.6) 2 (4.9) 38 (32.8) 14(34.1) 75 (64.7) 25 (61.0) 116 41 Livestock Sell 7 (7.7) 1 (2.8) 27 (29.7) 8(22.2) 57 (62.6) 27 (75.0) 91 36 Household Works 47 (35.3) 41 (46.1) 3 (2.3) 1(1.1) 83 (62.4) 47 (52.8) 133 89 Source: HH Survey/April-May/2004

44. However, women’s contribution in agriculture sector in Nepal, becoming of significance and agriculture being major source of livelihood of the sampled households of the sub-project areas, the study identified about 35 and 25 percent women’s involvement in income generating activities especially in agriculture and livestock. Lower performance on the level of educational status can be considered as the indicator of limiting their scope in other income generating activities besides agriculture and allied agricultural activities.

2.4.4 Occupation and Economy

45. All households interviewed in both of the sub-project areas had agriculture as their prime source of income. In Jeetpur area the study identified respondents having small landholding size. Apart from agricultural activities family members were also found engaged in other sources of income like; working industries, doing services etc. Among the interviewed households, about 64% had small businesses. Nearly 7.8% and 2.2% households had family members engaged as unskilled and skilled labor respectively.

Table-12: Occupational Background of Sampled HHs Occupation Jeetpur – Birgunj (%) Parasi - Bhairahawa (%) Farming 100 100 Service 20 27.3 Industry 12.2 5 Skilled Labor 2.2 10.8 Labor 7.8 20.1 Small Business 64.4 30.2 Handicraft 4.4 8.6 Artesian 12.2 5.8 Source: Sample HH Survey, April-May 2004

46. Farming has been reported as the main source of income by all households in both the sub-project areas, cash income from the agriculture sector has not been found to be significant. Agriculture products are extensively used for household consumption while people, generally do not count the selling small quantity of agricultural products as a source of income. However, collectively, the household

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 16 - 37 Draft Final, Land Acquisition and Resettlement Plan income have been reported to be higher than the national poverty line of NRs 6100 per capita.

2.4.5 Income levels

47. The per capita income of 61% of the households in Bhairahawa and Parasi ranged between NRs 6100 – 12200 while for Birgunj it was 25.6%. No households were found to be living below the poverty line. The income levels indicate that households in Bhairahawa – Parsi sub-project area mostly belonged to low and low- medium income groups while for Birgunj Access road income levels ranges between low to middle income groups. In addition nearly 8 – 11% of the households belonged to the high-income group.

Table 13: Average Income levels of the Affected Households Bhairahawa – Parasi Access Road Birgunj Access Road Per Capita Income Ranges Households Percent Households Percent NRs 6100 to 12200 86 (61.80) 23 (25.6) NRs 12200 to 18300 15 (10.8) 20 (22.2) NRs 18300 to 24400 6 (4.3) 13 (14.4) NRs 24400 to 30500 6 (4.3) 11 (12.2) NRs 30500 to 36600 2 (1.4) 6 (6.7) NRs 36600 to 42700 4 (2.9) 5 (5.6) NRs 42700 to 48800 4 (2.9) 4 (4.4) NRs 48800 and More 16 (11.5) 8 (8.9) Total/ Overall 139 (100.0) 90 (100.0) Source: Sample HH Survey, April-May 2004

2.5 Resettlement and Relocation

2.5.1 Households Loosing Structures

48. The major resettlement impacts are envisaged primarily for households losing agricultural land. For those loosing residential cum commercial structures in Birgunj- ICD Sub-project area most of the structures are losing their extended/encroached parts.

49. In Birgunj-ICD sub-project area as most of the households are titleholders and would lose their extended/encroached parts, they would have the option of relocating their structure in their own land. If they loss the total structure, then they would compensated for the encroached portion as resettlement assistance as well as the land and structure in their own land as per HMGN norms. This would enable them to relocate the place of their choice. Consultations revealed that adequate homestead land is available within a distance of 2 km.

50. For the Bhairahawa – Parasi sub-project the households loosing structures are all titleholders and they will be compensated as per the HMGN norms and would receive all benefits as mentioned in the entitlement matrix. Consultation with affected households revealed that they would opt for self-relocation and would require the government to pay compensation at replacement value for their lost assets.

51. Households who are squatters ( 9 nos.) having residential / commercial structure will be allowed to push back on the existing ROW and will receive compensation for their structure at replacement value and shifting assistance on actual cost basis.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 17 - 37 Draft Final, Land Acquisition and Resettlement Plan

2.5.2 Resettlement & Relocation Options for Households Losing Agricultural Land

52. Based on the findings of census consultations were carried out with the affected households, people's demanded was found to be compensation for their land and crops at replacement value.

53. The project will provide the household losing agricultural land cash compensation at replacement cost for the land, crops and trees. For the government land in Birgunj, consultation was carried out with the VDC officials to push back the cattle market and to provide access to the market place during construction.

54. The affected households losing more than 10 percent of their productive land or households getting displaced due to total acquisition of land would receive a skill development training @ NRs. 5000 per family to start some income generating activities and will also receive a one time economic rehabilitation grant up-to NRs. 10,000 per households depending on the productive activity chosen and trained.

2.5.3 Income Restoration Assistance to Re-establish Livelihoods

55. The land acquisition and resettlement activities of the sub-project likely to lead several issue on their regular income and livelihood of the APs in the sub- project areas. In consideration to this fact, provision has been made to provide income restoration assistance to restore the economic status of all the affected persons. Such activities will focus on ensuring payment of adequate compensation to the APs. Such Income restoration activities will be designed by reviewing the extent of effect of the project focusing on (i) to identify having complete loss of land and structures, (ii) more than 10 percent loss of agricultural land (iii) loss of employment (iv) loss of business and business tenants (v) women headed and vulnerable households. Skill will be provided to all households losing more than 10 percent of their land. They will also receive Income Restoration Grant (ERG) for starting new productive activities up-to NRs 10, 000 based on type of activities. Besides, arrangement for giving priority for local employment in construction activities will also be made in line with the priority made by the Tenth Plan as a means of poverty reduction. In order to ensure effective implementation of such activities consultation and coordination with local level NGOs to impart such activities will also be made.

56. For the residential households also using for commercial purposes, apart from compensation for their structures at market / replacement value and shifting costs will also be provided one time in lump sum grant of minimum one month’s income based on the type of business for their loss of income. The households operating businesses from rented premises will receive a lump sum rental assistance for moving to alternate premises along with grant for income losses. The employees will also receive a onetime financial assistance equivalent at local wage rates. The movable and mobile commercial sheds will be allowed to relocate within existing ROW and will also receive compensation based on the type of business and shifting assistance on actual cost basis.

57. The RP has made provision of income restoration assistance to vulnerable groups, that include women headed households (without any male earning member) and households having complete loss of land of NRs. 2000 for a period of as a one time grant.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 18 - 37 Draft Final, Land Acquisition and Resettlement Plan

58. Consultation made with local people and the NGO working in the districts and social consultation has brought some suggestive measures in this regard. In Bhairahawa-Parasi sub-project area, supportive training on micro entrepreneurship; like, keeping small shop, driving training, training on poultry and buffalo farming were recommended. As reported, in Birgunj technical trainings (like; plumbing, electrician, driving training, auto mechanic training, training on poultry farming etc) would be more potential. Besides, the people in the area have also been aware of the scope of poultry farming, seed production and vegetable faring in the area.

59. In the sub-project areas, apparently the government doesn’t have any regular income restoration programs as such. But, there are NGOs working in this sector in both sub-project areas. NIRDHAN is to name the one working in both Birguj and Bhairahawa-Sub-project area in this sector. Based on discussion with local NGOs NIRDHAN has been found operating in both sub-project area since 1990. Its main activities are; group formation at local level, training on skill development, floating loan to the target/deprived community. As per the experience the NIRDHAN has been found to be involved in skill development and micro credit program at community level and to engage them in economic activities. In Birgunj area there is also another NGO named, Fair Trade Group involved in providing training to the community on bamboo craft and also supporting the community by exploring market for their products.

60. Based on the consultation of livelihood program Co-ordinator of Plan Nepal, /Rautahat Bara Program, Birgunj, Vice President of the Rising Star Club of Bhumai (Nawalparasi district) and a Representative of WATCH Nepal Working at Rupandehi and Bhairahawa organizing such income restoration seems to be quite convenient in collaboration with local based NGOs. As per the discussion, conducting demand driven skill development training would be more fruitful to the community. Once the training is received the ERA grant activities would enable them to start the activities trained in and reestablishing their livelihood needs in an efficient manner.

2.5.4 Income restoration Strategy

61. Very few APs posses any professional skills. Hence a large scale and intensive training programme needs to be undertaken. Eligible APs will either be trained in the training institutes identified by NGOs or by individual trainers. It is expected that such training will be organized within 12 months of property acquisition. NGOs will carry out skill mapping and training needs assessment before finalization of any training schemes.

62. PAPs will be encouraged to take up training for income generating activities, with active support from the project through the NGO, in self-employment schemes. The NGOs will make necessary arrangements to provide infrastructure and other institutional support that will be required to assist the AP to get financial support through local banks. These activities will be facilitated in collaboration with the PIU. The NGO will generate awareness among the APs about the different income earning opportunities and facilitate training among APs. The PIU cell will not only take the initiative for self-employment generating schemes but will also arrange for appropriate training programmes so that the trained PAPs will be eligible for other jobs

63. No business enterprise or income restoration program can be sustained unless it is based on market need and demand. Hence DOR through its PIU and contracted NGO will undertake detailed market feasibility studies to prepare a list of

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 19 - 37 Draft Final, Land Acquisition and Resettlement Plan viable and feasible enterprises. The scope of this study will cover service and non- service based enterprises, the raw material availability and assured consumer market. The findings of the study will also be matched with the profile of the APs and accordingly the options will be offered to the APs.

64. The training imparted will be essentially of two types: a technical training relevant to jobs and the other for non-land and land based self-employment and skill development schemes. Provision for training has already been made in the RP budget. 65. The implementation of the training procedure will involve the following steps: The PIU cell in consultation with the CRO will prepare TORs for the NGOs detailing their role in the training program. Facilitation training for APs will be included in the NGO’s TORs; Once the NGO is selected it will map all relevant existing institutions/programs in the area that impart training; Regular survey of perceived training needs of APs by NGO in collaboration with the PIU cell and Panchayat level committees will lead to prioritizing and selection of schemes for training; Identification of training institutes/individuals/experts by the NGO can be subcontracted to conducted relevant training demanded by APs within the financial means of the entitlement and preparation of TOR for the same by the NGO; Preparation of list of trainees (phase wise) by the NGO in collaboration with the DDC, VDC and PIU; Awareness generation and information dissemination on the schemes by the NGO to the selected trainees to ensure transparency about the training schemes and the entitles amounts; and Registration of the APs, payment of courses and maintenance of all records, regarding portion of entitlement used by them for a particular course, will be done by the NGO. The NGO will submit the information to the R&R cell, for inclusion in the PIU database. 66. The PIU will co-ordinate with the different recognized training organization, to impart training in different trades to the APs either in the project area or any other place fixed by the institutes. Care will be taken by the PIU cell and NGOs to ensure that the funds for training are utilized efficiently.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 20 - 37 Draft Final, Land Acquisition and Resettlement Plan

CHAPTER – 3

RESETTLEMENT PRINCIPLES AND ENTITLEMENT MATRIX

3.1 HMGN Laws and ADB Policy Requirements

67. Constitution of Nepal 2047 (1990) is the main legal document that guarantees all sort of right of the citizens. Article 17 (1) of the constitution provides property rights to every citizen whereby they are entitled to earn, use sell and exercise their right of property under existing rules and regulations. In addition, Article 17 (2) states that except for public interest the state will not acquire or obtain or exercise authority over individual property. Furthermore, Article 17 (3) illustrates that the State will compensate for the loss of property it the states acquires or establishes its right over individual property for public interest. In this sort of condition, the basis of the compensation will be specified under subsequent acts.

68. There is no specific policy on resettlement in Nepal. Land Acquisition Act, 2034 (1977) is the core legal document to guide in this task. There is provision in Article 3 to acquire land for any public purposes, subject to the award of compensation. Besides, any institutions seeking land acquisition may also request HMGN to acquire the land under the regularity provisions subjected to be compensated by such institutions' resources. As per the prevailing government rules the compensation to be provided for land acquisition should be in cash in current market value. As per the regulatory provision, while acquiring the land the HMGN forms a Compensation Fixation Committee (CFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts. The other members to be included in the committee are; Chief of Land Revenue, an Officer assigned by CDO, representative from District Development Committee (DDC), Concerned Project Director, Chairman of concerned Municipality / VDC. Besides, there is also practice of making representation from the Affected Persons (APs). The recent trend observed is consultation with local people regarding fairness and timely payment of compensation of at least no less than prevailing market rate with special attention to vulnerable groups and women.

69. The Act also envisages the possibility of two separate rates of compensation distinguishing between families who lose all land and those who only some part of land. In determining the compensation the committee has to consider relevant periodic guidelines of HMG and the loss suffered by persons due to acquisition of land, shift of residence or place of business to another place. If the land has to be acquired for institutions other than the Panchayats (local committees) and institutions fully owned by the government, the Committee has to consider the following in fixing the compensation amount:

• Price of land prevailing at the time of notification of land acquisition • Price of standing crop therein and the house, wall, shed, etc. • Damage incurred by the concerned person by being compelled to shift his or her residence or place of business in consequence of the acquisition of land.

70. Basically, CFC is formed for actual verification of land to be acquired, reviewing and fixing compensation rate, identification of proper owner(s), distribution of compensation, providing necessary administrative support addressing associated

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 21 - 37 Draft Final, Land Acquisition and Resettlement Plan issues. However, formally the implementation process of CFC begins once HMGN grants formal approval for the land acquisition. After the approval, from government the Officer concerned of Executing Agency (EA) is supposed to initiate the task through public notification. The public notification also includes details of the land area, municipality/VDC concerned and houses concerned (if require relocation).

3.2 Current Resettlement Practices in Nepal

71. Community Consensus Valuation (CCV) for fixing compensation, as an approach has been applied in recent projects, especially for donor assisted projects. In the implementation process, Officer in charge submits the report to the Chief District Officer (CDO) on specific location and land plus other assets to be acquired for project facilities, the acquisition process begins. The valuation of lost assets follows the existing legal framework and guidelines. Based on Article (3) of LA Act 1977, HMG acquires land for the project. As specified in the LA Act article 13, a four- member committee headed by Chief District Officer of the concerned district is constituted fixing up the compensation for lost assets. The other members include Chief or his representative, and a representative from the DDC. In practice, the Committee makes extensive consultation with representatives of the affected population, political party representatives and relevant district level chiefs of line agencies to fix the compensation. The prices set by the land revenue office are normally lower than the prevailing market price. In the recent projects, during land acquisition the representatives of the affected households, local government representatives, the project personnel and the local government representatives, the project personnel and the local level line agencies were brought together to fix the price of land, structures and other assets. After deliberations the group comes to near consensus. Then the representatives of the affected households take this agenda among the APs in general and a consensus is developed. This procedure was considered as community consensus valuation. After agreement was reached formal notification was placed in public places, local and national newspapers identifying the amount of land, owner and ownership related matters.

3.2.1 Compensation Valuation for Land (Agricultural and Homestead) 72. Land records in Nepal are not updated properly, leading to complications in deciding the actual ownership as explained in the earlier chapter. One of the major areas where implementing NGOs can effectively facilitate the work of land acquisition is updating of land records. To achieve this, NGO will undertake verification of land records followed by verification on the spot related to identified plots and owners. 73. Once the land records are updated, calculation of replacement value of land will be done by the Compensation Fixation Committee in close consultation with the sub-project level committee that will be constituted for the project. The sub-project level committees will comprise of members from APs, political parties, religious leaders, vulnerable groups, business community and local NGOs. The CFC in consultation with the sub-project level committee will determine the amount of compensation considering the following: • Current price of land • Land / structure sale and purchase prices which are recently available (last 2 years) • Consultation with DDC and VDC on land / structure prices in their area based on size, type and location of the land to be acquired

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 22 - 37 Draft Final, Land Acquisition and Resettlement Plan

• Value of standing crops, houses, walls, sheds, etc • Loss incurred as a result of shifting residence or place of residence. • Public consultation in the areas to arrive at a common consensus on the unit price of land based on type, size and location and structures, crops and trees. 74. As mentioned earlier, that land records in Nepal are not updated properly and so also the land prices which are difficult to assess. A detailed survey was carried out by the PPTA consultants and DoR to arrive at the unit prices of land and structure for determining the replacement value. Consultations were carried out with the local people along the stretch as well as with the affected plot owners. Recent land sale and purchase prices, land prices fixed by District land revenue office (DLRO) were collected as well as land compensation paid in other ADB projects in Nepal was also evaluated. Additionally DoR also carried out an independent evaluation to identify the replacement value of land and structure. Based on these multi-level assessments it was concluded that the replacement value of land can be fixed up based on a mark- up of 50 percent of the DLRO rate. For the structures, the estimation was done based upon the prevailing market unit construction rates per m2 of buildings, plus a mark-up factor of 20 percent for façade improvement, compensation costs for building acquisition according to actual building type. The methodology adopted for this exercise is given in Annex-6 and the unit costs of land plot and area-wise is appended in the Draft final report, which would form the basis for estimation of land/structure compensation during implementation i.e. to assess the replacement value.

3.3 Resettlement Principles and Entitlement Matrix

75. For this project, the resettlement principles and entitlements are derived from the Land Acquisition Act, 2034 (1977) and ADB policy on Involuntary Resettlement (1995) and other safeguard policies. The principles adopted establish eligibility and provisions for all types of losses (land, crops, structures, business / employment, and work days wages). All affected persons will be compensated at full replacement costs. In addition to payments from the Chief District Officer (CDO), the APs will receive other cash grants and resettlement assistance such as shifting allowance, compensation, for loss of workdays / income due to dislocation and income restoration assistance. Female-headed households will be eligible for further income restoration grant. The Resettlement principles adopted in this project will provide compensation and resettlement assistance to all affected persons based upon the HMGN norms and ADB guidelines. Further details are provided in table 3.1, which outlines the different entitlements in the form of a matrix. A detailed description of each compensation measure is provided below:-

3.3.1 Compensation for loss of land and standing crops/trees

• Cash compensation at market / replacement value to titled owners

• Compensation for trees, based on the age and value of the tree.

• If standing crops cannot be harvested, eligible persons will be compensated for the loss of un-harvested crops.

• Squatters/encroachers are not eligible for compensation for loss of land on the ROW, but are eligible for compensation for affected assets.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 23 - 37 Draft Final, Land Acquisition and Resettlement Plan

76. In some cases it may so happen that after acquisition the remaining plot may not be viable (the remaining land holding is below average land holding of the district). In such cases, the AP will have the option of either keeping the remaining land or getting the replacement value of the entire land, including the remaining unviable piece of land that will also be acquired by DOR. If the AP is from a vulnerable group, compensation for the entire land may be provided by means of land for land, if so desired by the AP, provided that land of equal or more productive value is available. 77. In cases of disputes such as where land records are not updated/mutated or where the APs are unable to produce the desired documents, then the compensation amount will be deposited with the competent authority till the case is disposed. All fees, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and resource establishment will be borne by the project. 3.3.2 Compensation for structures (residential/commercial) and other immovable assets

• Cash compensation for structure at replacement cost for titled and non-titled households (squatters and encroachers)

• Affected households will be allowed to take salvageable materials from their existing structures.

• Shifting or relocation assistance will be paid on actual cost basis or on current market rates.

• One time grant as rental assistance to owner of business and tenant for moving to alternative premise for re-establishing the businesses.

• Provision for relocation for businesses operating from mobile/movable structures on the edge of the ROW.

• Non-titled squatter households will be entitled to shifting assistance at actual costs and move their belongings if they decide to “self-relocate” away from the ROW; those who prefer to move back and re-establish their structures will be allowed to do so until they find permanent alternative sites.

3.3.3 Income Restoration Assistance

• Agricultural titleholders losing more than 10% of the total land holding will be entitled to an income restoration assistance in the form of skill training per family for any productive activity at the rate of NRs 3000. They will also receive a onetime economic rehabilitation grant in the form of productive assets up-to an amount of NRs 6,000 based on the nature and type of productive activity they wish to undertake. Among titleholder households, only those families will be entitled for ERG and training, who are actually dependent on the acquired piece of land. This information has been derived from the census survey and will be further verified during implementation. • Titleholders becoming landless will receive the same benefits as above and additionally they will also receive a one time assistance of NRs 2000 per a period of 3 months.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 24 - 37 Draft Final, Land Acquisition and Resettlement Plan

• Absentee landlords will receive only compensation at “replacement cost”. Loss of income assistance for owners of business operating from fixed commercial structures and business tenants – a onetime lump sum grant based on type of business assessed on a case to case basis.

• Loss of income by owners of businesses operating from mobile / movable structures – one time lump sum grant based on type of business and losses assessed on a case to case basis.

• Loss of wage/income by employees of businesses–one time financial assistance of 30 days income computed at local wage rates for various cadres.

• Employment opportunities connected to the project

• Additional assistance to Women headed households without any male earning member – a one time grant of NRs 2000 for a period of three months over and above all other payments in re-establishing and/or enhancing livelihood.

3.3.4 Re-building and/or restoration of community resources/facilities

78. The project will provide complete restoration work or cash compensation for rehabilitation/re-building of affected common property resources and cultural/community structures/installations.

3.4 Entitlement Matrix

79. The resettlement principles and assistance have been designed to cover compensation for lost assets and restore or enhance the livelihoods of all categories of affected people. Table 3.1 (Entitlement Matrix) provides further details regarding application of the principles, definition of entitled persons, entitlements and indicates results of actions. Affected households will be given their compensation about three months before they are asked to relocate and remove their structures from the zone of influence. After the expiry of the deadline, DoR can take action to demolish structures on the project ZOI. DoR can also evict structures on the ZOI if it is established that those were constructed on the ROW after the “cut-off” date. Any grievances and objections will be referred to the Grievances Redress Committee.

RETA 6139: Sub – regional Transport Facilitation Project (Nepal) Page 25 - 37 Draft Final, Land Acquisition and Resettlement Plan

26. Draft Final, Land Acquisition and Resettlement Plan

Table 14. Entitlement Matrix Nature of Loss Application Definition of AP Entitlements Result of Action and Responsibility Loss of agricultural Land and other assets Person(s) with land • Cash compensation based on current market rate / Compensation for lost assets /residential acquired for project records verifying replacement value. Absentee landlords will receive only /commercial land by roads and/or legally ownership / compensation at current market / replacement value. DoR and CDO landowners confirmed ownership identified by SES • The compensation amount will be fixed by the CFC and rights on existing ROW the sub-project level committee through the process of community consensus valuation. • If the AP opts to purchase land, then the project to assist APs to purchase alternate land of their choice within 1 year. • All fees, taxes and other charges, as applicable under relevant laws incurred in the purchase, relocation and resource establishment are to be borne by the project. • If the residual agricultural plot(s) is (are) not viable, i.e., less than the average land holding in the district, the following options will be given: • The AP keeps the remaining land and the compensation and assistance is paid to the AP for the land to be acquired • Compensation and assistance are given for the entire plot including the residual plot, if the owner wishes that DOR should also acquire his residual plot. • If the AP is from a vulnerable category, compensation for the entire land is by means of land for land if preferred by the AP, provided that land of equal of better productivity is available.

27. Draft Final, Land Acquisition and Resettlement Plan

Loss of residential Land and structure Owners of • Cash compensation for loss of built-up structures at full Relocation of squatters / and Commercial within government Structure replacement costs. (Will not be entitled to compensation encroachers structure by ROW for land) squatters / • Owners of affected structures will be allowed to DOR/CDO/NGO encroachers take/reuse their salvageable materials for rebuilding/rehabilitation of structure. • In case of relocation, transfer allowance to cover cost of shifting the effects and materials will be paid on actual cost basis or on current market rates Loss of agricultural Land purchased or Owner of crops • Advance notice to APs to harvest their crops. Cash income for lost crops crops reclaimed for road • In case of standing crops, cash compensation for loss of purposes agricultural crops at current market value of mature crops, DoR and CDO based on average production. Loss of fruits and Land purchased or Owner of crops or • Compensation for loss of fruit trees for average fruit Cash income for lost crops/trees other trees reclaimed for road trees production ( to be determined by the CFC or next 15 purposes years to be computed at current market value. DoR and CDO • Compensation for the loss of other trees at current market value of wood (timber or firewood, as the case may be). Income restoration Land acquired for the Persons with land • Provision of skill development trainings for at least one DOR/CDO/NGO assistance project roads and records verifying family members of each affected households. @ NRs. legally confirmed ownership 3000 per family to start a new productive activity. ownership right on the • Such APs will be provided with a one-time Economic land and extent of loss Rehabilitation Grant (ERG) upto an amount of NRs 6000 more than 10 percent of per family, in the form of productive assets based on the loss of the total land type of activity chosen by the AP. holding. Temporary loss of Business affected by Owner of business • One-time lump sum grant; minimum one-month’s income Short-term compensation for loss income by road construction / business tenants based on the nature of business and type of losses of income. commercial structure assessed on a case-to-case basis. owner / tenants DoR and NGO conducting businesses from rented premises / land Loss of business Structure on acquired Owner /renter of • The amount of deposit or advance payment paid the Removal /relocation assistance premise owners / land and/or legally business premise business tenant to the landlord will be deducted from the business tenant confirmed ownership payment of the landlord. DoR and NGO rights on ROW • One-time cash assistance of NRs. 2000 equivalent for moving to alternative premise for re-establishing the businesses. • Shifting allowance will be paid to affected businessmen (if applicable), on actual cost basis.

28. Draft Final, Land Acquisition and Resettlement Plan

Loss of wages by Income reduced during Employees of • One-time financial assistance equivalent to 30 days Assistance for income loss. employees period of readjustment businesses wages to be computed at local wage rates for various cadres.

Loss of income by Business affected Businesses • One-time lump sum grant; minimum one-month’s income Assistance for income businesses temporarily during road operating from based on the nature of business and type of losses restoration. operating from construction. mobile / movable assessed on a case-to-case basis. mobile / movable structures • Shifting allowance will be paid to the affected (if structures applicable), on actual cost basis. Additional Household income Women headed • One time grant of @ NRs 2000 for a period of three Income restoration assistance assistance to affected as a result of households without months. vulnerable groups road construction or any male earning DoR and NGO including women becoming landless member or headed households households becoming landless Loss of land Land acquired Owners of land • Contractor to negotiate a contract agreement on the rental Compensation for temporary loss temporarily for the temporarily by rate with the owner for temporary acquisition of land. of assets. use of contractors contractors • The contract agreement should include compensation for during construction crop losses for the duration of temporary occupation plus one more year necessary for the soil to be adequately DoR and Civil Works Contractors prepared to its original productiveness. Land restored to its original condition and returned to the owner. • Project and the contractor to ensure that persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period.

29. Draft Final, Land Acquisition and Resettlement Plan

CHAPTER- 4

COMMUNITY PARTICIPATION AND IMPLEMENTATION FRAMEWORK

4.1 Disclosure and Consultation

80. Based on the Land Acquisition Act of Nepal, the Resettlement Plan has been prepared in consultation with the affected persons and they have been informed about the likely impacts of the project. The stakeholders consulted include (i) heads of households / businesses to be affected (ii) village leaders (iii) AP’s in small groups especially in congested areas, (iv) NGOs working in the project area (v) government agencies and departments and (vi) women and vulnerable group and (vii) obtaining comments and feedback from the MPPW and DOR.

81. Department of Roads (DoR) has translated the summary resettlement plan in Nepali to disclose it to the local communities so that they read it by themselves and be aware of the Project's benefits and provisions for various types of entitlements. In addition, Resettlement Plan will also be disclosed through the official websites of DoR and ADB. DoR will also circulate updated RP in English and local language to all relevant local government offices. Prior to Board Approval will post the resettlement plan on ADB resettlement website as well as during implementation will disclose the updated RP to the affected persons. Furthermore, during project implementation, Chief Resettlement Officer (CRO) in the PIU and the officials in the DPSU / field offices along with the NGOs will conduct information campaigns all along the project road / area to inform and explain the entitlement policy and various options to the affected people (APs) prior to payments of compensation and other financial assistance etc.

82. Finally, participation of project-affected people is also ensured through their involvement in various local committees such as Sub-project level Committees and Grievances Redress Committees (GRCs). The PIU and DPSU’s / field offices will establish and continuously maintain an ongoing interaction with the APs and communities to identify problems and undertake remedial actions.

4.2 Institutional Arrangement

83. MPPW will be the executing agency and DoR will be the implementing agency for this project. A Project Implementation Unit (PIU) headed by the Project Director (PD) will be established which will be responsible for the overall execution of the Project. The PD will recruit and appoint local NGO/s as required for resettlement activities. The DoR will depute an officer in the rank of Divisional Engineer as the Chief Resettlement officer (CRO) in charge of the land acquisition and resettlement operations, who will report to the Project Director and will receive guidance from the Sociologist of GEU under DOR. He/She will work in close coordination with the respective District Project Support Unit (DPSU) / field-based offices of DoR and Project NGO/s on the day-to-day activities of the resettlement plan implementation. A resettlement specialist from the Project Supervision Consultants (PSC) will support the CRO in supervision and coordination of all activities related to resettlement implementation.

83. DoR will establish District Project Support Units (DPSU) / field offices for the three sub-projects headed by officers in the rank of Assistant Engineer. The implementing NGO will also provide adequate staff in the DPSUs for resettlement implementation.

30. Draft Final, Land Acquisition and Resettlement Plan

84. At the subproject level, sub-project level committees (SLC) will also be established with representations from APs, political parties, religious leaders, vulnerable groups, business community and local NGOs. These sub-project level committees will assist the DPSUs and NGOs in informing people about the likely resettlement impact and solicit views of the affected people regarding compensation and relocation options and negotiate with the CFC.

85. The CRO through the DPSUs / field offices, Subproject level committees, Chief District Officers of the respective districts and Project NGO will execute and monitor the progress of the work. He will ensure coordination between the relevant departments, NGO, the Grievance Redress Committee (GRC) and the Project's affected people (APs).

4.3 Grievances Redress Committees

86. The DoR will also establish a Grievance Redress Committee (GRC) for each district, headed by the Chief District Officer, VDC chairpersons, two representatives from APs (one man and one woman), local representative, NGOs and representatives from DoR in the rank of Assistant Engineer. The CRO or his nominee, a field-based Assistant Engineer will be the member-secretary of the committee and shall act as the Project's Grievance Officer. GRC will meet at least once a month and the decision of GRC would be final. The Committee shall deliver its decision within four to six (4-6) weeks of registration of the case. Figure 4.1 provides an Organization Structure for implementing the LARP.

87. There are provisions under the Land Acquisition Act of Nepal – 2034 (1977) to allow interested persons (APs) during land acquisition process to represent their cases to the Chief District Officer (CDO) and raise objection against acquisition by a notice to Ministry of Home and get redressal under Act 11 Section 1,2 and 3. However, the major grievances that might require mitigations include: (i) APs not enlisted; (ii) Losses not identified correctly; (iii) Compensation/assistance inadequate or not as per entitlement matrix; (iv) Dispute about ownership; (v) Delay in disbursement of compensation/assistance; and (vi) Improper distribution of compensation/assistance in case of joint ownership.

88. The functions of the Grievance Redressal Committee shall be to:

Provide support to APs on problems arising out of their land/property acquisition and/or eviction from the road ROW land; Record the grievance of the APs, categorize and prioritize the grievances that need to be resolved by the Committee; and Report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities.

89. Such mechanism would mediate conflict and cut down on lengthy litigation as well as provide affected persons a platform to raise objections and receive agreeable resolutions.

31. Draft Final, Land Acquisition and Resettlement Plan

Figure-1: Organizational Structure of Implementing Land Acquisition and Resettlement Plan

Department of Road (ADB Project Directorate)

PIU 1. Project Director 2. Chief Resettlement Officer/ Divisional Engineer 2. GEU (Sociologist)

DPSU/Field Office DPSU/Field Office DPSU/ Field Office Bhairahawa Birgunj Kakarbhitta

Sub-proje ct Level Sub-project Level Committee Committee

Each Sub-project to be Supported by:

• Compensation Fixation Committee (CFC) under the HMGN Act • Sub-project Level Committee • Grievance Officer • Field Officers From Divisional Office • DDC Representative • VDC Representative • NGOs • Community Representatives

4.4 DoR’s Institutional Capacity in Resettlement

90. In 1995-96, Department of Roads had established the Geo Environment Unit (GEU) to monitor the social and environmental aspects related to road projects. The unit comprises of one Senior Divisional Engineer, 3 Assistant Engineers and a Social Scientist – the post for which has been recently created. The unit’s current activities include preparing environmental guidelines, manuals and conducting training on environmental components. Its function is to help road developer's deal effectively with the environmental and social aspects of the road projects.

91. As far as the land acquisition is concerned, there exists a well-organized system as laid down in the Land Acquisition Act but there exists very little experience with respect to 32. Draft Final, Land Acquisition and Resettlement Plan other resettlement-related activities within the department. With no formal resettlement policy in place, the institutional mechanisms for resettlement planning, implementation and monitoring & evaluation within the present organizational set-up is not well developed. Currently, GEU has stepped forward to undertake review and monitoring of resettlement activities for projects implemented by DoR. In relation to the project and Involuntary Resettlement (IR), basically the community have been found aware of the several socio- economic benefits (like; infrastructure development, industrial development, market development, economic diversification, easy access, modern facility and increase in their land price after the project. However, they were also found to be concerned towards the family who may or may not also loss all their land due to the project. Nevertheless, the community have their own conception that a fair compensation may also work as a good remedy to address such issues. Besides, some of the communities were also found aware about the need of traffic training to the community upon the completion of project to avoid road accident in the rural areas.

92. Thus, the resettlement implementation will have to be carried out with additional external support along with internal institutional capacity building in the Department for future self-sufficiency. This will be done by hiring a resettlement specialist in the team of Project Supervision Consultants to provide technical assistance in resettlement planning, implementation and internal monitoring and evaluation. A local NGO experienced in resettlement implementation will also be involved to facilitate the process and assist the Project's field staff in implementing this RP. A Terms of Reference (TOR) for resettlement implementation by the NGOs has been provided in Annex-7. Apart from this an external monitoring agency will also will be hired to conduct periodic monitoring and evaluation of implementation of the RP activities. Annex-8 contains TOR of External Monitoring Agency.

4.5 Staff Training in Resettlement Implementation

93. All the staff at PIU and GEU and in the field offices involved in land acquisition and resettlement activities, including the CRO, land revenue department officials and NGO staff will undergo a week-long orientation and training in ADB’s resettlement policy and management. The training sessions will be repeated in field offices, DDCs and VDCs either by grouping the adjacent districts or individually as per convenience of the field staff. The training session will focus on the following: (A capacity building plan for resettlement implementation is provided in Annex-9.

(a) Principles and procedures of land acquisition; (b) Public consultation and participation; (c) Entitlements and compensation & assistance disbursement mechanisms; (d) Grievance redressal; and (e) Monitoring of resettlement operations.

4.6 Resettlement Databank

94. A detailed census survey has been carried out to prepare a detailed inventory of losses of affected persons. All this information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by individual APs, compensation and entitlements, payments and relocation will be were collected by the respective DPSUs / field offices and NGOs through their concerned field offices and computerized by the PIU office in Katmandu. This databank will form the basis of information for implementation, monitoring and reporting purposes and facilitate efficient resettlement management.

33. Draft Final, Land Acquisition and Resettlement Plan

4.7 Resettlement Implementation Schedule

95. The resettlement plan will be implemented from January 2005 to third quarter of 2006. DoR will initiate advance actions like the establishment of the Project Implementation Unit (PIU), GRC, SLC and identification of CRO, resettlement staff for the field offices and hiring of NGO for resettlement implementation following loan negotiations. The project will provide adequate advance notification to the APs and will pay their due resettlement benefits, including relocation and income restoration/assistance prior to start of construction work. All activities related to land acquisition and resettlement will be completed prior to award of civil works contract.

96. DoR will initiate the process of land acquisition for the proposed widening and realignment of the access roads. Land acquisition is a lengthy process and it takes about 18 to 24 months to be completed. Need of verification of the land /property record from different sources (filed, cadastral map and land revenue office), conventional practice of land measurement, lack of uniformity on the map scale, old record keeping systems, lack of accurate prevailing official record on land value, fragmented land ownership, difficulties on negotiations etc are some of the reasons behind the issues.

97. In order to help implement public works like roads as per prevailing laws, HMGN has also developed a Public Works Directives (PWD) a procedural manual which has also been approved through cabinet decision. In this connection, it may also be worthy to note that as stipulated in PWD, “ any content in the PWD if found inconsistent with prevailing laws the provisions of PWD is void.”

98. The time frame as mentioned by the PWD for each step of land acquisition and resettlement process has been guided by the experiences of different projects as activity- wise exact time frame also seems to be unclear even in LA Act for each step and process. During preparation of the timeframe for land acquisition and resettlement the PWD has been consulted and a detailed step wise implementation schedule has been prepared. Figure 2 depicts the land acquisition process and the time frame(attached in annex). Figure 3 depicts the overall land acquisition and resettlement implementation schedule.

34. Draft Final, Land Acquisition and Resettlement Plan

Figure-3: Overall Land Acquisition and Resettlement Implementation Schedule S.N Activities 2005 2006 2007 .

1Advance Actions

a. Establishment of PIU/CRO

b. Hiring of NGO

2Conducting and Submission of up-dated plan based on detailed design

3Land Acquisition

4Formation of GRC/SLC

5Valuation of Structure and Assets

6Finalization of Individual Titleholders

7Payment of Compensation

8Payment of all eligible assistance to shifting/income loss

9Relocation

10Training for Income Restoration

11Clerance

35. Draft Final, Land Acquisition and Resettlement Plan

99. For land acquisition, the project office will conduct preliminary surveys of the lands to be acquired with initial assessment of the compensation amount and prepare a requisition to be submitted along with the total assessed amount of compensation, to the land revenue Department / CDO for acquisition. The total amount assessed will be deposited by DoR to CFCs of the respective districts who will then make payment of compensation money to the entitled APs. The CFC are formally responsible for acquiring the identified land/s from the respective landowners and paying the due compensation money to the affected landowners and tenants, according to procedures laid down in LA Act. Once acquired and the compensation paid to the APs, CFCs will hand over possession of the acquired lands to DoR for utilization in the road construction.

100. Compensation for the acquired lands and other affected assets will be assessed by the Compensation Fixation Committee (CFC) in consultation with APs through the process of community consultation valuation that is currently in practice in Nepal. The compensation for land, structures and other assets will be compensated at replacement cost.

101. Payment of compensation will be made as per the prevailing law ( 3 months) prior to the actual possession of the acquired lands. No land will be possessed without full payment of due compensations to the affected landowners. Payment of compensation for other types of losses for the documented structures belonging to the non titleholders, income losses. income restoration, transfer allowances for all APs will be paid directly by the PIU / DoR through its DPSUs / field offices, NGOs closely monitored by CDO.

102. DoR will establish and announce the cut-off-date based on the date of census for the different access roads and eligibility criteria to the affected persons. The APs of affected structures/assets will be paid their due compensations at least three months (90 days) prior to demolition of the structures so that the APs get adequate time to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses. However, DoR will have the right of demolishing such unauthorized structures without paying any compensation simply by serving a notice of eviction for a maximum of two weeks, provided it gets established that those structures were constructed on the active ROW after the “cut-off” date.23 Any grievances and objections will be referred to the Grievances Redress Committee (GRC).

4.8 Resettlement Budget and Cost Estimates

102. The Government will bear all the costs of land acquisition and resettlement. MPPW and DoR are committed to set aside and provide the respective amounts of funds for RP implementation in an efficient and timely manner during the course of the Project. MPPW and DOR will guarantee to meet unforeseen obligations in excess budget estimates.

103. Based on the Land Acquisition Act of Nepal, fixation of compensation rate is the responsibility of CFC to be formed under the Act. As per the prevailing practices, the Compensation Fixation Committee (CFC) to be formed by the CDO under the Land Acquisition Act of Nepal has been found to be effective to determine the land cost. It is in the sense, that in practice the committee makes extensive consultation with representatives of the affected populations, political party representatives, and relevant district level chiefs of line agencies to fix the compensation as per prevailing market rate. “Representatives of the affected households, the local government representatives, the project personnel and other local level representatives of line agencies are brought together to fix the price of land,

36. Draft Final, Land Acquisition and Resettlement Plan structures and other asset. CCV for fixing compensation is a commendable approach applied in recent projects. This helps reduce the existing disparity in the valuation based on prevailing market rate and the ones set by the Land Revenue Office, CFC through the process of community consultation valuation will determine the replacement value and fair compensation for the lost assets.

104. As mentioned in chapter 3, with a view of coming up with a fair judgment the study has adopted several strategies while estimating the cost of land, structure and other resettlement costs. The process adopted include (i) query on prevalent land price in some areas during socio-economic survey with the help of survey team, (ii) collection of minimum land revenue rate fixed by the Land Offices of respective districts for land transactions during census, (iii) Identified plot owners’ rates after delineating the affected plot numbers and recognizing some of the owners having land under the alignment, (iv) Review of DoR’s cost estimation (v) Collection of the samples of current years land transaction rates in the areas of the sub-project districts and (vi) consultation with Chief District Officers, District Land Offices and local peoples and (vii) review of past record. Some of the collected information in terms of accessing land price in the sub-project area is given in Annex-11. Details on the methodology of land cost calculation at replacement value is given in Annex-6.

105. On regard to, estimating compensation the affected buildings and structures first of all such structures/buildings were categorized according to the type of structures. The major category includes; (i) frame structure (ii) Cement mortar RCC/RBC structure (iii) Mud mortar RCC/RBC structure/ Cement mortar with CGI roofed (iv) Mud mortar with CGI roofed (v) Mud mortar tiled roofed (vi) Thatched house (vii) Temporary structure etc. The extent of loss of the buildings/structures were measured and calculated by the technical team. The cost of structures and buildings were calculated at current market rates. All the other resettlement costs were estimated based on social consultation, socioeconomic survey results and past project experiences taking into account the local market rate. The estimated cost for land acquisition and resettlement is given in Table-15.

37. Draft Final, Land Acquisition and Resettlement Plan

Table 15: Cost Estimate for Land Acquisition, Resettlement and Compensation Total S.N. Description of works Unit Cost Amount in NRs Quantity

6,086,954.19 1 Land Acquisition for Bhairahawa-Parasi Sub Project (average) 27.03 ha 164,530,372 2 Land acquisition for Birgunj-ICD Road Sub-project 2,212,739.45 54.64 ha 120,904,084 (average) 3 Compensation for the loss of Agricultural Crops/vegitation (some 5044.99 *81.67 412,025 60 to 70 trees which includes about 10-12 fruits like, banana, (average) Tari, mango rest ate sapling of common species) 3,647,691 4 Compensation for loss of residential /commercial structure 27426.24 133 (average)

5 Relocation allowance for the structure needing relocation Rs. 266,000 2000 2,000 133 6 Additional compensation in terms of livelihood/skill development training for income restoration to the households having loss of 3,000 **1858 557,400 more than 10 percent of their productive land.

7 Economic rehabilitation grant @ up-to NRs. 6,000 for each 6,000 ***1858 11,148,000 households depending upon the extent of impact /loss 8 Compensation for the loss of (Temporary) income by commercial 133 532,000 structure/owner/ tenants conducting business @ average income 4,000 9 Loss of business premise owners/business tenants, relocation 2,000 129 258,000 allowance for moving business @ NRs. 2000

10 Loss of wages by employee @ NRs. 3000 3,000 66 198,000 11 Loss of income by business operating from mobile structure @ 2,000 268 536,000 NRs. 2000 12 Additional assistance to vulnerable groups, having complete loss 217 1,302,000 of land including women headed households @ 2000 for a period 6,000 of three months 13 Reconstruction of Religious Structure, 1 temple and 1 mosque @ 1,000,000 2 2,000,000 NRs. 1,000,000 14. NGO Mobilization for Resettlement Plan 1455,000 15 External Monitoring 450,000 Sub-total NRs 308,196,572 12 % 36,983,588 Total 345180160 @ 71.5 USD 4827694.5

Note: For both sub-project, land records having official boundary about 1558 will suffer more than 10 percent. For land plots having official boundary it is assumed that 50 percent of plot (300) will lose less than 10 percent.

38. Draft Final, Land Acquisition and Resettlement Plan

Chapter- 5

MONITORING AND EVALUATION

5.1 Introduction

106. Monitoring and evaluation (M&E) is a major part of the resettlement management system. RP implementation will be monitored both internally and externally.

107 The PIU through their DPSUs / field offices and NGO will be responsible for internal monitoring and will prepare monthly reports on the progress of RP implementation. In addition, the GEU (Sociologist) and Project Supervision Consultants (PSC) will have a full- time Resettlement Specialist to provide necessary technical assistance and monitor the RP implementation and will report on a quarterly basis to DoR and ADB on the progress of resettlement activities. An external monitoring agency will be engaged by DoR who will carry out independent bi-annual review of resettlement implementation as well as post project evaluation.

5.2 Internal and External Monitoring

108. Internal Monitoring will be carried out by PIU through its DPSUs and Project NGO and PIU / DoR will have the overall responsibility for overseeing and monitoring all resettlement activities for the project supported and guided at the central level by GEU. PIU will also be responsible for identifying significant issues affecting successful land acquisition and Resettlement, particularly those impacting the various categories of AP’s. In addition, the PIU, with the ADB, will be responsible for declaring successful, fully completed resettlement and land acquisition activities followed by “signing off” on allowing construction activities to commence.

109. The DPSU’s / field offices will maintain a record of all transactions in their Management Information System (MIS), followed by entitlement records signed by AP and survey based monitoring of resettlement / land acquisition progress on a monthly basis. Monitoring will be focused on the following:-

(i) verifying that there are no outstanding or unresolved land acquisition issues with the project and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the plan; (ii) Information campaign and consultation has been carried out with APs; (iii) Status of land acquisition and payments on land compensation; ensuring value of entitlement received is equal to that of original structure of land acquired; and use and misuse of entitlement. (iv) Compensation for affected structures and other assets; (v) Relocation of APs; (vi) Payments for loss of income; and (vii) oversee that all economic rehabilitation measures are implemented, as approved; (viii) ensure effective operation of both the Grievance Committees and Sub-project level Committees

39. Draft Final, Land Acquisition and Resettlement Plan

(ix) ensure funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the plan.

110. The CRO through its resettlement team will be required to submit reports on a monthly basis documenting the progress of resettlement implementation.

111. DPSU’s / field offices will be responsible for monitoring the day-to-day resettlement activities of the project. Baseline socio-economic and census and land acquisition data provide the necessary benchmark for field level monitoring. Field level monitoring will be carried out through: (a) review of census information for all APs; (b) consultation and informal interviews with APs; (c) in-depth case studies; (d) informal sample survey of APs; (e) key informant interviews; and (f) community public meetings.

112. A performance data sheet will be developed to monitor the project at the field level. Quarterly reports will be received from the field offices and CRO will be responsible for overall project level monitoring. Also, the PSC Resettlement Consultant will monitor the RP implementation and will report on a quarterly basis to PIU / DoR, GEU and ADB on the progress of all aspects of resettlement activities.

5.3 External Monitoring and Evaluation

113. External monitor agency having sufficient skills and capacity in monitoring resettlement and social development activities will be assigned to carry out external monitoring and evaluation works. The external monitoring will be focused on (i) evaluating the social and economic impact of land acquisition and economic rehabilitation of the APs; (ii) verifying that the objective of enhancement or at least restoration of income levels and standard of living of the APs have been met; (iii) suggesting modifications to the land acquisition and economic rehabilitation, where necessary, to achieve the principles and objectives as set before; and (iv) making final ex-post evaluation to ensure all resettlement and Land acquisition activities have been complete; any problem issue identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning for future such projects are recorded. More specifically the following activities will be required to be performed by the External Monitoring Agency, are the following :

- Verification of internal monitoring – to ensure the appropriateness of activities being carried out by PIU and the field offices; - Demographic Baseline and Biannual Household Surveys – to monitor progress from a pre-Project, pre-resettlement benchmark. - Evaluation of Delivery and Impacts of Entitlements – to determine if they are as per the approved Resettlement Plan. - Evaluation of Consultation and Grievance Procedures - especially levels of public awareness of grievance procedures, access by AP’s and households to information and rapid conflict resolution. - Evaluation of actual operations of Grievance Committee - assisting APs as required and acting as observers. - Declaration of successful implementation – summing up the outcome of activities on completion of all entitlements distribution and resettlement activities. 40. Draft Final, Land Acquisition and Resettlement Plan

- Recommend Follow-up Actions for the EA - relating to outstanding actions required to complete achievement of objectives of the RP and resettlement policies, additional mitigation measures for APs, if required, and timing and budget of these additional measures. - Describe Lessons Learned for future projects.

114. Such external monitoring will be carried out on a biannual basis throughout the Project period followed by an ex-post evaluation post. The external agency will directly report their findings both to DOR and ADB.

5.4 Reporting Requirements

115. The CRO / PIU responsible for supervision and implementation of RP will prepare monthly progress reports supported by GEU on resettlement activities and submit to the ADB. PSC will also monitor RP implementation and submit quarterly reports to PIU and ADB. The external monitoring agency will submit bi-annual review directly to ADB and determine whether or not resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/enhanced and suggest suitable recommendations for improvement. The external monitoring agency will also carry out a final ex-post evaluation to ensure all resettlement and Land acquisition activities have been complete; any problem issue identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning’s for future such projects are recorded.

41.

Annexures Annex-1 A: Details on Land Acquisition (Bhairahawa-Parasi-Sub-project) Chainage Partial Existing Width (RoW) Construction Width Quantity (sqm)

S.No Description Distance Width Additional To be Unit From To Required Required RoW Construction (m) (m) Req Acquired

Prime Land Along Road (in Siddarthanagar 1 Municipality) 0+000.00 1+043.00 1,043.00 10 30 20 18 8 sqm 20,860 8,344 Prime Land Along Road (Bituminous Surface in 2 Basantapur VDC) 1+043.00 3+500.00 2,457.00 10 30 20 18 8 sqm 49,140 19,656 Prime Land Along Road (Gravel Surface in 3 Basantapur VDC) 3+500.00 5+400.00 1,900.00 10 30 20 18 8 sqm 38,000 15,200 Prime Land Along Road (Dhakdahi 4 VDC) 5+400.00 12+400.00 7,000.00 10 30 20 18 8 sqm 140,000 56,000 Prime Land Along Gravel Road 5 (Chipagadh VDC) 12+400.00 13+400.00 1,000.00 10 30 20 18 8 sqm 20,000 8,000 Cultivated Land for By-Pass at 6 Chipagadh VDC 13+400.00 14+100.00 700.00 0 30 30 18 18 sqm 21,000 12,600 Prime Land Along Gravel Road 7 (Chipagadh VDC) 14+100.00 15+100.00 1,000.00 10 30 20 18 8 sqm 20,000 8,000 Prime Land Along Gravel Road 8 (Sukrauli VDC) 15+100.00 15+900.00 800.00 10 30 20 18 8 sqm 16,000 6,400 Cultivated Land for By-Pass at 9 Hakui VDC 15+900.00 16+400.00 500.00 0 30 30 18 18 sqm 15,000 9,000 Prime Land Along Gravel Road 10 (Hakui VDC) 16+400.00 17+100.00 700.00 10 30 20 18 8 sqm 14,000 5,600 Prime Land Along Gravel Road 11 (Sukrauli VDC) 17+100.00 18+300.00 1,200.00 10 30 20 18 8 sqm 24,000 9,600 Cultivated Land for By-Pass at 12 Sukrauli VDC 18+300.00 19+100.00 800.00 0 30 30 18 18 sqm 24,000 14,400 Prime Land Along Gravel Road 13 (Sukrauli VDC) 19+100.00 20+100.00 1,000.00 10 30 20 18 8 sqm 20,000 8,000 Prime Land Along Earthen Road(Parasi 14 Municipality) 20+100.00 22+500.00 2,400.00 10 30 20 18 8 sqm 48,000 19,200 Cultivated Land for By-Pass at Parassi 15 Municipality 22+500.00 23+000.00 500.00 0 30 30 18 18 sqm 15,000 9,000 Prime Land Along Earthen Road(Parasi 16 Municipality) 23+000.00 28+600.00 5,600.00 8 30 22 18 10 sqm 123,200 56,000 Prime Land Near 17 Bhumahi 28+600.00 29+134.55 534.55 8 30 22 18 10 sqm 11,760 5,345 29+134.55 619,960 270,346

Annex-1 B:Land Acquisition Required for Parwanipur to Birgunj ICD access, Jitpur Bazaar road widening and Padam Road Widening

Required Partial Distance Existing Width Width (RoW) Required To aquired Quantity Quantity S.No Description Chainage From Chainage To ROW Unit (m) (m) Required COI COI ROW COI additional

1 Prime Land in front of ICD 0+00 0+150.00 150 15 30 15 30 15 sqm 2250 750

2 Prime Land along Padam Road 0+150.00 0+250.00 100.00 15 30 15 30 15 sqm 1500 500 Land Within 15m Right of Way of 5130 3 Padam Road 0+250.00 0+592.00 342.00 15 30 15 30 15 sqm 1,710

Prime Land within 100m of Padam 5400 4 Road Along Proposed Access 0+592.00 0+700.00 108.00 0 50 50 18 18 sqm 1,944

Cultivated Land Along Proposed 35000 5 Acess Road (Ram Gadhwa) 0+700.00 1+400.00 700.00 50 50 18 18 sqm 12,600 Cultivated Land Along Proposed 405000 6 Acess Road 1+400.00 9+500.00 8,100.00 0 50 50 18 18 sqm 145,800 Deductions 3.1 Bridge 40m in Sirsiya River - 3.2 Bridge & Access Road Crossing 30m in Gandak Canal - 7 Agricultural Land Prabanipur 9+500.00 10+750.00 1,250.00 0 50 50 18 18 sqm 62500 21,690 Prime Land within 100m of 4500 8 Tribhuwan Highway 10+750.00 10+840.00 90.00 0 50 50 18 18 sqm 1,620 Free Land with RoW of the 1275 9 Tribhuwan Highway 10+840.00 10+865.50 25.50 0 50 50 18 18 sqm 459 10 Jitpur bazaar road widening - Annex- 2:

List Affected Plots and Plots Owners

(Being updated)

Annex-3 A: List of Affected Structures and Compensation Cost for Building/Structure at Jeetpur 13-Jul-04

Range of Portion Assumed Area to be Rate per Floor House Length Breadth Height No. of Total Floor of building Compensation Address (VDC/ Ward / Building Chainage Direction Acquired Area in Sq.m Name of Building Owner ID (m) (m) (m) storeyes area (m2) house/Structure portion to be Cost (NRs) Name of place) Type (Sq.m) (N.Rs) required (%)* acquired (%)

0+500.00 E 5 5.00 5.00 3.00 1.00 25.00 2 50.00 12.50 10,330 129,120 Jitpur - Bhabanipur-3 a 129,120 total 1 0+380.00 W 1 5.30 8.20 6.00 2.00 86.92 1 25.00 21.73 8,393 182,376 Nawal kishor Prasad Kalwar Jitpur - Bhabanipur-3 b 0+540.00 W 6 10.00 2.60 6.00 2.00 52.00 4 100.00 52.00 8,393 436,426 Raghu Nath Prasad Chaudhari Chhata Pipara - 9 b 0+560.00 E 7 10.60 3.00 6.00 2.00 63.60 2 50.00 31.80 8,393 266,891 Bed Prasad Chaudhari Chhata Pipara - 9 b 0+560.00 E 8 4.00 9.20 3.00 1.00 36.80 1 25.00 9.20 8,393 77,214 Chhata Pipara - 9 b 0+620.00 W 16 12.00 6.40 3.00 1.00 76.80 2 50.00 38.40 8,393 322,284 Ram Barat Singh Jitpur - Bhabanipur-3 b 0+700.00 E 23 3.00 7.00 2.50 1.00 21.00 2 50.00 10.50 8,393 88,124 Indra Devi Rauniyar Jitpur - Bhabanipur-3 b 0+660.00 E 28 4.00 4.50 3.00 1.00 18.00 1 25.00 4.50 8,393 37,768 Prem Bage Baskata Jitpur - Bhabanipur-3 b 0+620.00 E 33 3.60 7.50 3.00 1.00 27.00 1 25.00 6.75 8,393 56,651 Shyam Singh Jitpur - Bhabanipur-3 b 0+720.00 E 34 6.70 2.00 6.00 2.00 26.80 4 100.00 26.80 8,393 224,927 Shohan Prasad Shah Parsa - Birgunj -13 b 1+000.00 E 43 8.50 14.10 3.00 1.00 119.85 1 25.00 29.96 8,393 251,469 Raju Keyal Birgunj b 1+040.00 E 47 11.25 6.00 3.00 1.00 67.50 4 100.00 67.50 8,393 566,514 Ghan Shyam Geeri Jitpur - Bhabanipur-3 b 1+140.00 W 59 4.80 17.50 3.00 1.00 84.00 1 25.00 21.00 8,393 176,249 Paras Yadav Jitpur - Bhabanipur-3 b 1+100.00 E 62 9.80 13.40 3.00 1.00 131.32 2 50.00 65.66 8,393 551,071 Mosque (Maszid) Jitpur - Bhabanipur-3 b 1+160.00 W 69 11.40 22.20 3.00 1.00 253.08 1 25.00 63.27 8,393 531,012 Siv Pusan Shah Jitpur - Bhabanipur-3 b 1+160.00 W 70 7.00 8.00 3.00 1.00 56.00 1 25.00 14.00 8,393 117,499 Durga Prasad Kalwar Parsauni b 1+180.00 W 72 4.50 7.50 6.00 2.00 67.50 1 25.00 16.88 8,393 141,629 Mahesh Prasad Kalwar Bareniya - 7 b 1+200.00 W 76 9.00 10.20 3.00 1.00 91.80 1 25.00 22.95 8,393 192,615 Pashpat Shah Jitpur - Bhabanipur-3 b 1+200.00 W 77 9.20 10.20 3.00 1.00 93.84 1 25.00 23.46 8,393 196,895 Bidiya shah Kalwar Birgunj b 1+240.00 W 78 11.00 10.20 6.00 2.00 224.40 2 50.00 112.20 8,393 941,672 Ganeshgi Prasad Shah Kalwar Bareniya - 7 b 1+220.00 E 79 5.50 10.20 3.00 1.00 56.10 2 50.00 28.05 8,393 235,418 Shibnath Shah (Kapiladeb) Birgunj Ranighat b 1+240.00 E 80 4.60 10.20 3.00 1.00 46.92 2 50.00 23.46 8,393 196,895 Clandrika Shah Jhawa Guthi (Parsa) b 1+460.00 W 88 26.20 12.50 3.00 1.00 327.50 1 25.00 81.88 8,393 687,161 Birgunj - Gausala Jitpur - Bhabanipur-3 b 1+560.00 W 92 10.80 12.20 6.10 2.00 263.52 3 100.00 263.52 8,393 2,211,671 Nepal Baink L.T.D. Jitpur - Bhabanipur-3 b 1+580.00 W 94 19.50 4.80 6.00 2.00 187.20 1 25.00 46.80 8,393 392,783 Chauki Miya Parsa VDC Chomi b 1+620.00 W 96 15.50 17.00 3.00 1.00 263.50 3 100.00 263.50 8,393 2,211,503 HMG-VDC Jitpur - Bhabanipur-3 b 1+620.00 E 97 4.75 2.00 6.00 2.00 19.00 4 100.00 19.00 8,393 159,463 Lalbain Singh Jitpur - Bhabanipur-3 b 26.00 4 100.00 1+680.00 E 101 6.50 2.00 6.00 2.00 26.00 8,393 218,213 Gauri Shankar Kaesth Jitpur - Bhabanipur-3 b b. Cement Mortar Load Bearing Wall with - 11,672,392 RCC/RBC Slab Sub Total 27 0+440.00 W 3 4.30 2.00 3.00 1.00 8.60 3 100.00 8.60 5,810 49,969 Haira Shah Kalwar Jitpur - Bhabanipur-3 d 0+580.00 E 11 6.60 7.60 3.00 1.00 50.16 1 25.00 12.54 5,810 72,862 Sansar Devi Gupta Jitpur - Bhabanipur-3 d 0+580.00 E 12 2.20 1.50 3.00 1.00 3.30 4 100.00 3.30 5,810 19,174 Mahanand Prasad Kalwar Birgunj - 7 d 0+640.00 W 17 16.00 7.40 7.00 2.00 236.80 4 100.00 236.80 5,810 1,375,903 Durga Temple Jitpur - Bhabanipur-3 d 0+660.00 W 19 30.00 10.60 3.00 1.00 318.00 1 25.00 79.50 5,810 461,927 Devi Bahadur Thapa Jitpur - Bhabanipur-3 d 0+680.00 W 20 7.00 6.50 3.00 1.00 45.50 2 50.00 22.75 5,810 132,187 Jay Lal Chaudhari Phatepur -6 d 0+680.00 W 21 3.50 20.20 3.00 1.00 70.70 1 25.00 17.68 5,810 102,699 Munni Devi Jitpur - Bhabanipur-3 d 0+680.00 E 24 6.00 7.00 2.50 1.00 42.00 2 50.00 21.00 5,810 122,018 Mogamin Miya Jitpur - Bhabanipur-3 d 0+680.00 E 25 3.60 6.50 3.00 1.00 23.40 2 50.00 11.70 5,810 67,982 Chhotelal Prasad Rauniyar Jitpur - Bhabanipur-3 d 0+660.00 E 26 4.00 6.40 3.00 1.00 25.60 2 50.00 12.80 5,810 74,373 Maksud Miya Jitpur - Bhabanipur-3 d 0+660.00 E 27 4.30 6.20 3.00 1.00 26.66 2 50.00 13.33 5,810 77,453 Bharat Prasad Kalwar Jitpur - Bhabanipur-3 d 0+620.00 E 32 8.50 6.40 3.00 1.00 54.40 1 25.00 13.60 5,810 79,021 Kishari Lal Shah kalwar Jitpur - Bhabanipur-3 d 0+880.00 E 35 33.00 5.00 3.00 1.00 165.00 3 100.00 165.00 5,810 958,716 Parsuram Geeri Jitpur - Bhabanipur-3 d 0+920.00 W 36 34.50 6.00 6.00 2.00 414.00 2 50.00 207.00 5,810 1,202,753 Ghanshyam Geeri Jitpur - Bhabanipur-3 d 0+940.00 W 37 4.00 34.50 6.00 2.00 276.00 1 25.00 69.00 5,810 400,918 HMG- VDC Jitpur - Bhabanipur-3 d 0+940.00 W 38 5.80 7.80 3.00 1.00 45.24 2 50.00 22.62 5,810 131,431 Balram Geeri Jitpur - Bhabanipur-3 d 0+940.00 W 39 4.50 4.80 3.00 1.00 21.60 3 100.00 21.60 5,810 125,505 Balram Geeri Jitpur - Bhabanipur-3 d 0+960.00 W 40 5.00 4.80 3.00 1.00 24.00 2 50.00 12.00 5,810 69,725 Pardeep Kalwar Jitpur - Bhabanipur-3 d 1+000.00 W 41 4.30 13.80 3.00 1.00 59.34 1 25.00 14.84 5,810 86,197 Shahon Shah Jitpur - Bhabanipur-3 d 0+980.00 E 42 9.50 14.00 3.00 1.00 133.00 1 25.00 33.25 5,810 193,196 Chulahi Shah Jitpur - Bhabanipur-3 d 1+020.00 E 44 8.10 14.20 3.00 1.00 115.02 1 25.00 28.76 5,810 167,078 Bhagarat yadav Chhtra Pipara (Bara)-3 d 1+020.00 E 45 8.00 14.80 3.00 1.00 118.40 2 50.00 59.20 5,810 343,976 Aanbent shah Kalwar Jitpur - Bhabanipur-3 d 1+020.00 E 46 12.20 14.80 3.00 1.00 180.56 2 50.00 90.28 5,810 524,563 Debnath Chaudhari Chhtra Pipara d 1+040.00 E 48 5.20 3.00 3.00 1.00 15.60 4 100.00 15.60 5,810 90,642 Jagav Nath Shah Jitpur - Bhabanipur-3 d 1+040.00 E 49 3.35 3.00 3.00 1.00 10.05 4 100.00 10.05 5,810 58,395 Jagat Pratap Kalwar Jitpur - Bhabanipur-3 d 1+060.00 E 50 3.45 3.00 3.00 1.00 10.35 4 100.00 10.35 5,810 60,138 Haris Chandra Bhagat Kalwar Jitpur - Bhabanipur-3 d 1+080.00 E 51 3.90 3.00 6.00 2.00 23.40 4 100.00 23.40 5,810 135,963 Rameshwor Prasad Kalwar Jitpur - Bhabanipur-3 d 1+080.00 W 52 17.00 3.00 3.00 1.00 51.00 4 100.00 51.00 5,810 296,330 Parsuram Geeri Jitpur - Bhabanipur-3 d 1+060.00 W 53 4.60 3.00 3.00 1.00 13.80 4 100.00 13.80 5,810 80,184 Betshankar Chaudhari Chhtra Pipara d 1+080.00 W 54 6.20 4.40 3.00 1.00 27.28 1 25.00 6.82 5,810 39,627 Hari Lama Birgunj d 1+100.00 W 55 4.10 17.10 3.00 1.00 70.11 1 25.00 17.53 5,810 101,842 Ameri lal Shah Jitpur - Bhabanipur-3 d 1+100.00 W 56 8.20 17.10 3.00 1.00 140.22 1 25.00 35.06 5,810 203,684 Mamul Neha Jitpur - Bhabanipur-3 d 1+100.00 W 57 4.00 17.50 3.00 1.00 70.00 1 25.00 17.50 5,810 101,682 Mohamad Aalam Jitpur - Bhabanipur-3 d 1+120.00 W 58 4.80 17.50 3.00 1.00 84.00 1 25.00 21.00 5,810 122,018 Kapiladen Yadav Jitpur - Bhabanipur-3 d 1+140.00 W 60 4.00 17.50 3.00 1.00 70.00 1 25.00 17.50 5,810 101,682 Chaturibhj Chaudhari Jitpur - Bhabanipur-3 d 1+160.00 W 61 4.00 17.50 3.00 1.00 70.00 2 50.00 35.00 5,810 203,364 Nawal Chaudhari Jitpur - Bhabanipur-3 d 1+160.00 E 65 7.50 5.00 3.00 1.00 37.50 1 25.00 9.38 5,810 54,473 Ram Chandra Chaudari Jitpur - Bhabanipur-3 d 1+180.00 W 71 6.50 7.20 3.00 1.00 46.80 2 50.00 23.40 5,810 135,963 Ram sawrup Chaudhari Jitpur - Bhabanipur-1 d 1+200.00 W 74 5.90 7.00 3.00 1.00 41.30 1 25.00 10.33 5,810 59,992 Sugit Bahadur Lama Dist: Rasuwa VDC Yars d 1+200.00 W 75 11.50 13.60 6.00 2.00 312.80 1 25.00 78.20 5,810 454,373 Ram Nath Singh Jitpur - Bhabanipur-3 d 1+300.00 W 81 10.60 10.20 3.00 1.00 108.12 2 50.00 54.06 5,810 314,110 Madan Shah Jitpur - Bhabanipur-3 d 1+300.00 W 82 4.40 10.20 3.00 1.00 44.88 2 50.00 22.44 5,810 130,385 Kishun Shah Khisrampur (Parsa) d 1+320.00 W 83 8.90 10.20 3.00 1.00 90.78 2 50.00 45.39 5,810 263,734 Mahesh Prasad Kalwar Bareniya - 7 d 1+400.00 W 85 4.00 10.10 3.00 1.00 40.40 2 50.00 20.20 5,810 117,370 Mannu Lal Prasad Rauniyar (Parsa) - Bahuripidri d 1+440.00 W 87 8.30 11.00 3.00 1.00 91.30 1 25.00 22.83 5,810 132,622 Kaimdin Ansari Jitpur - Bhabanipur-3 d 1+460.00 W 89 7.50 10.00 3.00 1.00 75.00 1 25.00 18.75 5,810 108,945 Pardeip Bahadur Bist Jitpur - Bhabanipur-3 d 1+520.00 W 90 4.70 10.20 3.00 1.00 47.94 1 25.00 11.99 5,810 69,638 Baidhnath Prasad Kalwar Jitpur - Bhabanipur-3 d 1+540.00 W 91 3.60 10.20 3.00 1.00 36.72 1 25.00 9.18 5,810 53,339 Raju Prasad Kalwar Jitpur - Bhabanipur-3 d 1+580.00 W 93 2.50 11.20 3.00 1.00 28.00 2 50.00 14.00 5,810 81,346 Sudam Kalwar Jitpur - Bhabanipur-3 d 1+600.00 W 95 4.40 12.00 3.00 1.00 52.80 3 100.00 52.80 5,810 306,789 Kashi Chaudhari Parsa VDC Chomi d 1+640.00 E 98 2.10 2.00 3.00 1.00 4.20 4 100.00 4.20 5,810 24,404 Amrit Raut Jitpur - Bhabanipur-3 d 1+660.00 E 99 8.00 2.00 3.00 1.00 16.00 3 100.00 16.00 5,810 92,966 Lmrit Raut Jitpur - Bhabanipur-3 d 1+680.00 E 100 7.50 2.00 6.00 2.00 30.00 1 25.00 7.50 5,810 43,578 Manju Devi Jitpur - Bhabanipur-3 d - 10,879,204 d. Cement Mortar Wall with 53 0+420.00 W 2 10.30 8.50 3.00 1.00 87.55 2 50.00 43.78 5,165 226,089 Ramashis Raut Jitpur - Bhabanipur-3 e 0+480.00 W 4 5.00 5.00 3.00 1.00 25.00 2 50.00 12.50 5,165 64,560 Maran Prasad Kalwar Jitpur - Bhabanipur-3 e 0+640.00 E 29 10.60 16.20 3.00 1.00 171.72 1 25.00 42.93 5,165 221,725 Uadey Kalwar Jitpur - Bhabanipur-3 e 1+180.00 W 73 9.00 7.50 2.50 1.00 67.50 1 25.00 16.88 5,165 87,156 Balram Prasad Jitpur - Bhabanipur-3 e 1+740.00 E 102 10.20 2.50 3.00 1.00 25.50 4 100.00 25.50 5,165 131,702 Birendra Geeri Jitpur - Bhabanipur-3 e - 731,232 e. Mud Mortar Wall with CG 5 0+560.00 E 9 6.80 3.00 3.00 1.00 20.40 4 100.00 20.40 3,874 79,021 Bhagal Yadav Jitpur - Bhabanipur-3 f 0+580.00 E 10 8.60 3.00 3.00 1.00 25.80 4 100.00 25.80 3,874 99,939 Moharam Mansur Jitpur - Bhabanipur-3 f 0+580.00 E 13 3.20 5.60 3.00 1.00 17.92 2 50.00 8.96 3,874 34,707 Ram Chandra Yadav Birgunj - 7 f 0+700.00 W 22 3.00 7.00 3.00 1.00 21.00 2 50.00 10.50 3,874 40,673 Bharat Geeri Jitpur - Bhabanipur-3 f 1+180.00 E 68 12.50 10.70 3.00 1.00 133.75 2 50.00 66.88 3,874 259,047 Bachiya Devi Kalwarin Jitpur - Bhabanipur-3 f 1+340.00 W 84 6.50 10.10 3.00 1.00 65.65 2 50.00 32.83 3,874 127,151 Raj kishar Chaudhari Badafar f 1+420.00 W 86 4.25 10.10 3.00 1.00 42.93 2 50.00 21.46 3,874 83,137 Baneeya Devi Jitpur - Bhabanipur-3 f f. Mud Mortar wall with Khapada (roof tile) Sub Total - 723,676 7 0+600.00 E 14 9.00 4.60 3.00 1.00 41.40 4 100.00 41.40 2,582 106,911 Rasul Miya Jitpur - Bhabanipur-3 g 0+580.00 W 15 3.50 4.00 3.00 1.00 14.00 4 100.00 14.00 2,582 36,154 Chandrika Pasmen Jitpur - Bhabanipur-3 g - 143,065 g. Thached House (Kaccha 2 0+660.00 W 18 4.60 11.00 3.00 1.00 50.60 1 25.00 12.65 1,937 24,501 Mohan Bahadur Karki Jitpur - Bhabanipur-3 h 0+640.00 E 30 5.00 4.00 3.00 1.00 20.00 4 100.00 20.00 1,937 38,736 Chandrika Shah Jitpur - Bhabanipur-3 h 0+620.00 E 31 5.00 4.00 3.00 1.00 20.00 4 100.00 20.00 1,937 38,736 Pheta VDC h 1+140.00 E 63 6.50 3.00 3.00 1.00 19.50 3 100.00 19.50 1,937 37,768 Rajendra Maleh Jitpur - Bhabanipur-3 h 1+140.00 E 64 4.00 3.40 3.00 1.00 13.60 4 100.00 13.60 1,937 26,340 Hakap Miya Parsa VDC Chorni h 1+160.00 E 66 12.00 6.80 3.00 1.00 81.60 2 50.00 40.80 1,937 79,021 Mahgeet Miya Ansari Jitpur - Bhabanipur-3 h 1+160.00 E 67 14.00 7.00 3.00 1.00 98.00 1 25.00 24.50 1,937 47,452 Harjit Singh Jitpur - Bhabanipur-3 h h. Temporaty Shed (bambo/Wood etc. with CGI sheet) Sub Total

292,554 7 Total NRs. 24,571,242 US$ @ 71.5 343,653.74 Total No. of Structure 102 * Portion of House/Structure Required ( Percentage ranges) Buildings Type and Depreciated Unit Cost Unit Cost Type of Buildings: Type of Buildings: Unit Cost (Rs/Sq.m) 1 upto 25 % (Assume 25%) (Rs/Sq.m) b Ce e t o ta oad Bearing Wall with RCC/RBC 2 > 25 % ~ 50 % (Assume 50 %) a. Frame Structure 8608 Slab 6988 c. Mud Mortar Wall CGI (KARKAT PATA) sheet 3 > 50 %~ 75 % (Assume 100 %) with RCC/RBC Slab N/A roofing 4842 e. Mud Mortar Wall f. Mud Mortar wall with 4 >75 % ~ 100 % (Assume 100 %) with CGI Roof 4304 Khapadapy (roof tile) roofing. 3228 g. Thached House (bambo/Wood etc. with CGI (Kaccha) 2152 sheet) 1614 i. Other (to be specified) N/A Note: 1. Compensation cost includes the present depreciation cost for type of bulidng and 20 % cost for front façade improvement. 2. Cost estimation has been based upon Table 3.3 of ADB Hand Book on Resettlement Guidelines, 1999. Annex-3 B Compensation Cost for Building/Structure at Bhairahawa 13-Jul-04

Range of Assumed Area to be Rate per Floor House Length Breadth Height No. of Total Floor Portion of building Compensation Cost Building Chainage Direction Plot No Acquired Area in Sq.m Name of Building Owner Address (VDC/Ward/Name of place) ID (m) (m) (m) storeys area (m2) house/Structure portion to be (NRs) Type (Sq.m) (N.Rs) required (%)* acquired (%)

12+5.20 1 110 7.00 4.00 2.50 1.00 28.00 2 50.00 14.00 8,393 117,499 Brahmananda Chhipagadh -3, Chhipagadh b 12+490 2 488 14.00 5.00 2.00 1.00 70.00 1 25.00 17.50 8,393 146,874 Ram Khetan Chhipagadh -3, Chhipagadh b 12+545 3 144 14.00 5.00 2.00 1.00 70.00 2 50.00 35.00 8,393 293,748 Bhanu Mati Kurmi Chhipagadh -3, Chhipagadh b 15+530 4 189 12.00 4.00 3.00 1.00 48.00 3 100.00 48.00 8,393 402,854 Ramananda Kurmi Chhipagadh -3, Chhipagadh b 17+180 5 1002 12.00 5.00 3.00 1.00 60.00 1 25.00 15.00 8,393 125,892 Indra Prashad Chaudhari Hakui - 3 b 18+010 6 433 14.00 5.00 3.00 1.00 70.00 3 100.00 70.00 8,393 587,496 Ram Bhajan Saithawar Sukrawali -2 b 18+015 7 15.00 5.00 3.00 1.00 75.00 3 100.00 75.00 8,393 629,460 Chadar Lal and Ganesh Lohiya et al Sukrawali -2 b 28+080 9 16.00 11.00 3.00 1.00 176.00 1 25.00 44.00 8,393 369,283 Pajeri Tharu Jamuward - 11, Ramgram b 28+750 13 118 10.50 8.50 3.00 1.00 89.25 1 25.00 22.31 8,393 187,264 Ganesh Tharu Ram Nagar, Ramgram b b. Cement Mortar Load Bearing Wall with 2,860,371 RCC/RBC Slab Sub Total 20+600 8 742 11.50 5.00 1.50 1.00 57.50 1 25.00 14.38 2,582 37,122 Rishi Raj Jhimariya, Ramgram g 28+080 10 14.00 12.00 3.00 1.00 168.00 1 25.00 42.00 2,582 108,461 Pajeri Tharu Jamuward - 11, Ramgram g 28+080 11 12.00 8.00 3.00 1.00 96.00 2 50.00 48.00 2,582 123,955 Pajeri Tharu Jamuward - 11, Ramgram g 28+060 12 236 11.00 4.00 2.00 1.00 44.00 2 50.00 22.00 2,582 56,813 Batochhi Tharu Jamuward - 11, Ramgram g 28+750 14 118 7.00 8.50 2.00 1.00 59.50 1 25.00 14.88 2,582 38,413 Ganesh Tharu Ram Nagar, Ramgram g 364,764 g. Thached House (Kaccha) Sub Total Total NRs. 3,225,135 US$ @ 71.5 45,106.79 Total No. of Structure 14

* Portion of House/Structure Required ( Percentage ranges) Buildings Type and Depreciated Unit Cost Unit Cost Type of Buildings: Type of Buildings: Unit Cost (Rs/Sq.m) 1 upto 25 % (Assume 25%) (Rs/Sq.m) b. Cement Mortar Load Bearing Wall 2 > 25 % ~ 50 % (Assume 50 %) a. Frame Structure 8608 with RCC/RBC Slab 6988 c. Mud Mortar Wall with d. Cement Mortar Wall with CGI 3 > 50 %~ 75 % (Assume 100 %) RCC/RBC Slab N/A (KARKAT PATA) sheet roofing 4842 e. Mud Mortar Wall f. Mud Mortar wall with Khapada (roof 4 >75 % ~ 100 % (Assume 100 %) with CGI Roof 4304 tile) roofing. 3228 g. Thached House h. Temporaty Shed (bambo/Wood etc. (Kaccha) 2152 with CGI sheet) 1614 i. Other (to be specified) N/A Note: 1. Compensation cost includes the present depreciation cost for type of bulidng and 20 % cost for front façade improvement. 2. Cost estimation has been based upon Table 3.3 of ADB Hand Book on Resettlement Guidelines, 1999. Annex-4:

Nepali Translation Version of LARP used for Community Disclosure (Available upon request) Annex-5: Lists of the Commercial Huts, Mobile Commercial Centers (Ghumtis) in Birjung Road

Duration Used S.N. Name of Owner/ User Location of Current Use o Income Other SouStatus of Land (Year) 1 Nobody Using Jitpur - 3 Betel Shop 2 Meena Devi Giri Jitpur - 3 Betel Shop 150 Edge of Road 0.33 3 Closed Jitpur - 3 4 Jagan Choudhary Jitpur - 3 Bicycle Repair 100 On Rent 1 5 Madan Sah Jitpur - 3 Hotel 200 On Rent 1 6 Promod Prasad Sah Jitpur - 3 Retail Shop 200 On Rent 32 7 Gopi Khatiwada Jitpur - 3 Retail Shop 200 On Rent 0.5 8 Ramajee Prasad Gupta Jitpur - 3 Vegetable Sho 100 On Rent 16 9 Sohan Prasad Gupta Jitpur - 3 Betel Shop 50 On Rent 12 10 Nobody Using Jitpur - 3 Tea Shop On Rent 4 11 Lokesh Choudhary Jitpur - 3 Betel Shop 50 Service On Rent 0.04 12 Shekh Rasul Jitpur - 3 Meat Shop 200 On Rent 1 13 Smile Hawari Jitpur - 3 Laundry 150 On Rent 25 14 Raj Dev Giri Jitpur - 3 Vegetable Sho 100 On Rent 15 15 Nobody Using Jitpur - 3 Shop 16 Jaya Shakti Hal Jitpur - 3 Cinema Hal 17 Bachchu Sah Jitpur - 3 Tea Shop 300 On Rent 45 18 Aasha Aale Jitpur - 3 Hotel 200 Farming On Rent 0.67 19 Nasir Hussein Jitpur - 3 Medicine Shop 1500 On Rent 12 20 Ghana Shyam Singh Jitpur - 3 Retail Shop 2500 On Rent 3 21 Nobody Using Jitpur - 3 Motorcycle Repairing On Rent 22 Raman Choudhary Jitpur - 3 Tractor Repair 200 On Rent 4 23 Kul Bhusan Jha Jitpur - 3 Veterinary Clin 1000 On Rent 6 24 Jaya Das (Gausala Sanstha) Jitpur - 3 Business 300 On Rent 17 25 Lilawati devi Jitpur - 3 Tea Shop 100 On Rent 2 26 Ram Narayan Medicine Shop Jitpur - 3 Medicine Shop 200 On Rent 15 27 Sures Sah Shraf Jitpur - 3 Jewlary Shop 500 On Rent 0.25 28 Sanjaya Kumar Sah Jitpur - 3 Betel Shop 150 On Rent 3 29 Nobody Using Jitpur - 3 Watch Shop On Rent 30 Deepak Shreewastav Jitpur - 3 PCO 100 On Rent 1 31 Smil Ansari Jitpur - 3 Laundry 50 On Rent 0.67 32 Mukesh Gupta Jitpur - 3 CD Shop 300 Own 0.5 33 Parashuram Prasad Gupta Jitpur - 3 Hotel 150 On Rent 0.5 34 Shambhu Prasad Gupta Jitpur - 3 On Rent 1 35 Pramod Prasad Gupta Jitpur - 3 Retail Shop 1000 On Rent 2 36 Chouki Miyan Thakurai Jitpur - 3 Shack Trading 91 37 Yakub Miyan Thakurai Jitpur - 3 Sewing 300 Steel Furniture 2 38 Sabdar Hussein Jitpur - 3 Construction M 5000 Pension Outside Road 0.67 39 Birendra Giri Jitpur - 3 Betel Shop 150 Outside Road 28 40 Birendra Giri Jitpur - 3 Hotel 1500 Outside Road 1.5 41 Rajendra Sahani Jitpur - 3 KAWADI 50 Outside Road 1 42 Video Shop Jitpur - 3 Betel Shop 100 Outside Road 5 43 Video Shop Jitpur - 3 Meat Shop 500 Outside Road 10 44 Bharat Sah Jitpur - 3 PCO 400 Outside Road 1.5 45 Bipin Prasad Jitpur - 3 Betel Shop 150 Outside Road 2 46 Dhamendra Prasad Jitpur - 3 Hotel 400 Outside Road 3 47 Closed Mobile Hut Jitpur - 3 Outside Road 48 Lal Bachan Prasad Jitpur - 3 Betel Shop 150 Outside Road 0.01 49 Shashi Kishor Prasad Jitpur - 3 KAWADI 85 Outside Road 2 50 Closed Mobile Hut 51 Sat Baras Business 52 Closed Mobile Hut Business 53 Closed Hut 54 Anil Singh Jitpur - 3 Business 167 Outside Road 3 55 Durga Rice Mill 56 Dinesh Oil Store 57 Closed Mobile Hut 58 Ajit Singh Jitpur - 3 Business Outside Road 0.5 59 Closed Mobile Hut 60 KAWADI Store 61 Closed Mobile Hut 62 Rajan Sahani Jitpur - 3 Business 100 Outside Road 6 63 Closed Mobile Hut 64 Santosh Gupta Jitpur - 3 Betel Shop 167 Outside Road 1 65 Closed Mobile Hut 66 Kishori Sah Jitpur - 3 Betel Shop 150 Hotel, Na Near the Road 6 67 Sukhi Sah (Temple) Jitpur - 3 Betel Shop 200 Farming Near the Road 5 68 Closed Mobile Hut Jitpur - 3 Betel Shop 200 Farming Near the Road 69 Closed Hut 70 Closed Hut 71 Closed Hut 72 Bhajit Miyan Jitpur - 3 Betel Shop 2000 Hotel Near the Road 25 73 Hari Hada Jitpur - 3 Hotel 300 Near the Road 2 74 Bhola Guragain Jitpur - 3 Betel Shop 250 Factory L On Rent 18 75 Closed Mobile Hut 76 Sunil Kumar Tiwari Jitpur - 3 Betel Shop 500 On Rent 8 77 Bhola Sah Jitpur - 3 Betel Shop 100 On Rent 0.5 78 Chandeswar Sah Jitpur - 3 Tea Shop 150 On Rent 0.5 79 Jagadish Mandal Jitpur - 3 Mechanical W 600 On Rent 1 80 Close Hut Jitpur - 3 81 Jyoti Kumar Gupta Jitpur - 3 Betel Shop 100 Own 0.25 82 Hridaya Narayan Sah Jitpur - 3 Betel Shop 600 On Rent 3 83 Bir Bahadur Yadav Jitpur - 3 Tent House 139 On Rent 5 84 Akhilesh Kumar Singh Jitpur - 3 Betel Shop 250 Own 1 85 Close Hut Jitpur - 3 Laundry On Rent 86 Jikula Ansari Jitpur - 3 Meat Shop 100 On Rent 0.33 87 Yogindar Sah Jitpur - 3 Betel Shop 250 Own 28 88 Basu Kafle Jitpur - 3 Cloth Shop 100 On Rent 0.5 89 Shantiram Gautam Jitpur - 3 Tea Shop 100 On Rent 0.01 90 Brijakishor Prasad Kalwar Jitpur - 3 Retail Shop 200 Farming On Rent 1 91 Ram Bahadur Basnet Jitpur - 3 Retail Shop 300 Farming On Rent 2 92 Dhanesh Thakur Sirshiya - 9Hair Dresser 200 Hair Dres On Rent 1.5 93 Brija Lal Shah Aadarsha CRetail Shop 50 Wage Ea Near the Road 3 94 Hiralal Patel Alau -8 Retail Shop 1500 Own Land 15 95 Shiva Choudhary Aadarsha CRetail Shop 500 Canal Land 10 96 Amin Miyan Aadarsha CMeat Shop 1200 Canal Land 5 97 Suresh Thakur Aadarsha CHair Dresser 200 Farming Own Land 4 98 Raj Kumar Sah Aadarsha CHotel 500 Own Land 4 99 Sachu Raut Kurmi Aadarsha CBetel Shop 500 Own Land 5 100 Umashankar Sah Aadarsha CTea Shop 600 Own Land 3 101 Ranadev Kumar Sah Aadarsha CWatch Shop 400 Own Land 3 102 Dhanesh Thakur Sirshiya Hair Dresser 200 Hair Dres Land On Rent 1.5 103 Brijalal Jha Aadarsha CBetel Shop 50 Family OtFar from Road 3 104 Brijkishore Prasad Kalwar Jitpur - 3 Retail Shop 200 Farming On Rent 1 105 Ram Bahadur Basnet Jitpur - 3 Retail Shop 300 On Rent 2 List of Commercial Huts/Cottage in Bhairahawa - Parasi Road Duration Used S.N. Name of Owner/ User Location of Current Use o Income Other SouStatus of Land (Year) 1 Bindu Kurmi Dhakdhai - Business 300 Farming Own Land 1 2 Pralhad Kurmi Dhakdhai - Tea Shop 80 Farming Govt. Land 20 3 Rajendra Prasad Dhawala Dhakdhai - Meat Shop 30 Farming Side of Road 2 4 Nira Gupta Dhakdhai - Retail Shop 100 Business Own Land 3 5 Shrawan Kumar Rajbhar Dhakdhai - Bicycle Repair 100 Farming Own Land 1 6 Dinesh Jaisawal Dhakdhai - Stationery Sho 200 Farming Rented Land 0.16 7 Pralhad Sharma Dhakdhai - Hair Dresser 100 Farming 1 8 Krishnawati Sonar Dhakdhai - Retail Shop 100 Own Land 2 9 Pawan Kumar Jaisawal Dhakdhai - Tea Shop 300 Rented Land 0.85 10 Nathu Barma Dhakdhai - Betel Shop 150 Rented Land 8 11 Tilak Choudhary Dhakdhai - Hotel 500 Farming Rented Land 5 12 Radheshyam Gupta Dhakdhai - Meat Shop 1000 Rented Land 5 13 Tames Kowar Dhakdhai - Betel Shop 200 Farming Rented Land 8 14 Sudeep Thakur Basantapu Betel Shop 70 Farming Own Land 6 15 Mohamad Rafiq Basantapu Betel Shop 60 Farming Own Land 1 16 Shivashankar Paswan Basantapu Betel Shop 50 Farming Own Land 2 17 Anita Yadav Basantapu Betel Shop 50 Farming Rented Land 5 18 Bijaya Prasad Gupta Basantapu Betel Shop 100 Farming Side of Road 2 19 Shatrughan Thakur Basantapu Betel Shop 500 Farming Side of Road 10 20 Rajendra Haluwai Basantapu Hotel 100 Farming Side of Road 5 21 Pramod Kumar Pandey Basantapu Betel Shop 225 Farming Side of Road 3 22 Jokhu Thakur Basantapu Hair Dresser 200 Farming Side of Road 5 23 Siddhi Musalman Basantapu Bicycle Repair 100 Farming Side of Road 4 24 Sahbir Musalman Basantapu Bicycle Repair 75 Farming Rented Land 0.42 25 Sangita Agrawal Basantapu Hotel 250 Wage Ea Side of Road 1 26 Mainuddhin Musalman Basantapu Retail Shop 50 Farming Side of Road 3 27 Pannalal Agrahari Basantapu Betel Shop 200 Farming Side of Road 0.085 28 Raju Musalman Basantapu Betel Shop 100 Side of Road 0.33 29 Bhannu Ansari Basantapu Sandle Shop 150 Side of Road 2 30 Sogara Khatung Basantapu Betel Shop 50 Side of Road 0.67 31 Rajani Gurung Siddhartha Retail Shop 100 Service Rented Land 0.42 32 Bechu Tharu Ramgram NTrade 150 Farming CHHUT KITTA 8 33 Champa Yadav Mansariya Trade 200 Farming CHHUT KITTA 2 34 Tuphani Kumar Gupta Sukrauli VDTrade 300 Farming Private Land 0.25 35 Bhag Narayan Choudhry Sukrauli, H Trade 200 Farming Side of Road 2 36 Jaya Prakash Choudhari Sukrauli, H Trade 200 Farming Side of Road 2 37 Dharmendra Sahani Sukrauli, H Trade 150 Farming Side of Road 2 38 Allauddhin Sukrauli, H Trade 1000 Farming Side of Road 2 39 Hari Prasad Thakur Sukrauli, H Trade 125 Farming Side of Road 0.67 40 Bijaya Kumar Sahani Sukrauli, H Trade 300 Private Land 4 41 Bhulai Thakur Sukrauli, H Trade 150 Farming Private Land 2 42 Mahammad Ali Sukrauli, H Trade 200 Farming Private Land 0.17 43 Abdul Raja Pathan Sukrauli, H Trade 150 Farming Private Land 1 44 Madarab Phakir Dhakdhai VTrade 200 Farming Side of Road 3 45 Nirul Hoda BaikanthpuTrade 250 Farming Side of Road 4 46 Samsad Ali BaikanthpuTrade 300 Farming Side of Road 4 47 Shankar Prasad Bhuj BaikanthpuTrade 350 Farming Private Land 4 48 Dhanamati Kurmi BaikanthpuTrade 200 Side of Road 1 49 Manahar Kurmi Basantapu Trade 200 Side of Road 1 50 Sanjaya Malla Siddhartha Trade 60 Side of Road 0 51 Amarjit Pakhri Ramgram NRetail Shop 50 Wage Ea Own Land 2 52 Malati Parajuli Kasiya - 12Retail Shop 400 Side of Road 5 53 Mohan Choudhary Ramgram -Sweet Shop 350 Side of Road 7 54 Bisram Baniya Sukrauli - 9Retail Shop 50 Farming Side of Road 0.08 55 Anirudra Pandey Chhipagad Retail Shop 50 Farming Side of Road 1 56 Motilal Yadav Chhipagad Retail Shop 25 Trade Side of Road 5 57 Ramnath Khariyal Chhipagad Retail Shop 200 Side of Road 12 58 Sip Pujana Chhipagad Tea Shop 100 Side of Road 17 59 Chandra Gupta Chhipagad Sewing 100 Farming Side of Road 2 60 Nanhen Khan Chhipagad Retail Shop 250 Side of Road 10 61 Om Prakash Rouniyar Chhipagad Retail Shop 250 Farming Side of Road 10 62 Sadhusaran Rouniyar Chhipagad Retail Shop 300 Farming Side of Road 1 63 Uma Shankar Jaisawal Chhipagad Retail Shop 250 Side of Road 20 64 Sudhama Kurmi Chhipagad Hotel 200 Farming Side of Road 5 65 Chule Nau Chhipagad Hair Dresser 50 Farming Rented Land 4 66 Shiva Shankar Choudhary Chhipagad Bicycle Repair 100 Farming Rented Land 2 67 Harish Chandra Kahar Chhipagad Sewing 83.333 Farming Rented Land 5 68 Ram Atre Choudhary Chhipagad Retail Shop 300 Farming Side of Road 4 69 Mahammad Barti Chhipagad Meat Shop 450 Side of Road 5 70 Abdul Rajahak Chhipagad Hair Dresser 50 Farming Side of Road 12 71 Kanahi Prasad Chhipagad Hair Dresser 50 Farming Side of Road 4 72 Rajendra Prasad Thakur Dhakdhai - Medicine Shop 300 Farming Rented Land 3 73 Raju Baniya Dhakdhai - Retail Shop 250 Rented Land 1 74 Jugun Nisa Dhakdhai - Retail Shop 50 Farming Rented Land 2 75 Bijaya Kumar Singh Dhakdhai - Tea Shop 250 Farming Rented Land 0.5 76 Motilal Choudhary Dhakdhai - Betel Shop 150 Farming Side of Road 3 77 Balaram Chhetri Dhakdhai - Cloth Shop 1000 Farming Side of Road 3 78 Maniram Kalwar Dhakdhai - Hotel 500 Farming Side of Road 10 79 Mahammad Hussein Dhakdhai - Betel Shop 300 Side of Road 5 80 Sudhi Kanhar Dhakdhai - Tea Shop 300 Farming Side of Road 3 81 Dina Nath Jaisawal Dhakdhai - Retail Shop 200 Side of Road 10 82 Shyam Lal Bishwakarma Basantapu Metal Work 50 Side of Road 0.17 83 Kashim Ali Basantapu Sewing 133.33 Side of Road 2 84 Mahendra Kewat Basantapu Retail Shop 400 Farming Side of Road 0.67 85 Manoj Thakur Basantapu Retail Shop 400 Farming Side of Road 2 86 Phiroj Khan Basantapu Bicycle Repair 200 Side of Road 3 87 Raj Kumar Haluwai Basantapu Tea Shop 250 Farming Side of Road 3 88 Gharbaran Gan Basantapu Bicycle Repair 450 Farming Side of Road 5 89 Samsad Nau Basantapu Hair Dresser 150 Farming Side of Road 5 90 Rajesh Baniya Basantapu Hotel 200 Farming Side of Road 1 91 Satrughan Thakur Basantapu Betel Shop 300 Farming Side of Road 10 92 Rajendra Sahani Basantapu Betel Shop 150 Farming Side of Road 5 93 Shyamsul Huda Basantapu Meat Shop 600 Farming Side of Road 2 94 Chandrika Shahani Basantapu Vegetable Sho 300 Farming Side of Road 3 95 Ashik Ali Basantapu Betel Shop 30 Farming Side of Road 10 96 Mira Garma Basantapu Hotel 150 Side of Road 3 97 Amar Dhwaj Limbu Basantapu Betel Shop 25 Farming Side of Road 5 98 Prem Choudhry Basantapu Hair Dresser 150 Side of Road 2 99 Anil Pandey Basantapu Betel Shop 70 Farming Side of Road 3 100 Bishnu Kumar Dawadi ShantinagaBetel Shop 250 Service DDC Land 0.17 101 Chandeshwari Sah ShantinagaTea Shop 200 RickshawSide of Road 0.67 102 Hom Gurung ShantinagaHotel 500 RickshawSide of Road 2 103 Yeti Hotel BhairahawaHotel 104 Tika Gupta Parasi Np -Retail Shop 80 Service Side of Road 0.67 105 Rajkumar Choudhary Parasi Np -Hotel 200 Service Side of Road 1 106 Ramlakhan Baniya Parasi Np -Hotel 250 Farming Side of Road 4 107 Shree Krishna Baniya Parasi Np -Retail Shop 200 Farming Side of Road 0.33 108 Chamu Choudhary Parasi Np -Hotel 300 Wage Ea Side of Road 1 109 Rajendra Sah Parasi Np -Hotel 250 Farming Side of Road 1 110 Phagu Baniya Sukrauli - 9Retail Shop 60 Wage Ea Side of Road 10 111 Lakshman Nahu Sukrauli - 9Hair Dresser 100 Farming Side of Road 1 112 Sananda Kurmi Sukrauli - 9Retail Shop 400 Farming Side of Road 4 113 Ram Prasad Choudhary Sukrauli - 9Retail Shop 150 Farming Side of Road 6 114 Anirudra Kanhar Sukrauli - 2Ice Factory 2000 Farming Side of Road 3 115 Dharmendra Nahu Sukrauli - 2Hair Dresser 150 Farming Side of Road 3 116 Ramnaresh Sukrauli - 2Retail Shop 150 Farming Side of Road 0.25 117 Radheshyam Gupta Haikui - 3 Retail Shop 1250 Farming Side of Road 2 118 Jamir Ahamad Haikui - 3 Retail Shop 1000 Farming Side of Road 2 119 Ram Milan Harijan Haikui - 3 Bicycle Repair 250 Farming Side of Road 8 120 Anirudra Gupta Haikui - 3 Bicycle Repair 400 Farming Side of Road 7 121 Bhagirath Yadav Haikui - 3 Retail Shop 600 Farming Side of Road 3 122 Audharaj Sahani Haikui - 2 Retail Shop 500 Farming Side of Road 1 123 Banarasi Thakur Haikui - 2 Hair Dresser 100 Farming Side of Road 0.13 124 Ganesh Harijan Haikui - 2 Bicycle Repair 100 Farming Side of Road 6 125 Isahaq Jollha Haikui - 2 Retail Shop 250 Farming Side of Road 2 126 Uday Bahadur Gupta Haikui - 2 Retail Shop 2500 Farming Side of Road 3 127 Bikram Prasad Khawas Haikui - 2 Sewing 250 Farming Side of Road 2 128 Rahesh Saudhawar Haikui - 2 Bicycle Repair 250 Farming Side of Road 1 129 Ishak Churihara Haikui - 8 Retail Shop 100 Farming Side of Road 1 130 Dabbu Gauth Haikui - 3 Bicycle Repair 150 Farming Side of Road 0.57 131 Mahendra Nath Pandey Haikui - 3 Retail Shop 200 Farming Side of Road 3 132 Ramesh Mishra Haikui - 3 Bicycle Repair 400 Farming Side of Road 17 133 Chhotelal Shreevastab Haikui - 3 Retail Shop 250 Business Side of Road 5 134 Janardan Mishra Haikui - 3 Retail Shop 100 Farming Side of Road 6 135 Saiyad Ali Haikui - 3 Retail Shop 250 Farming Side of Road 4 136 Mahendra Nai Haikui - 3 Hair Dresser 100 Farming Side of Road 4 137 Jokhan Khan Pokharabh Retail Shop 300 Farming Side of Road 7 138 Premlal Kalwar Dhakdhai - Hotel 300 Farming Side of Road 30 139 Motilal Chai Dhakdhai - Hotel 150 Farming Side of Road 8 140 Ramnewas Prasad Choudhary Dhakdhai - Mill 400 Farming Side of Road 12 141 Dasharath Jaisawal Dhakdhai - Hotel 400 Farming Side of Road 0.42 142 Laxman Kurmi Dhakdhai - Retail Shop 150 Farming Side of Road 1 143 Pattiraji Singh Dhakdhai - Retail Shop 200 Farming Side of Road 6 144 Janga Bahadur Singh Dhakdhai - Retail Shop 100 Farming Side of Road 2 145 Ramesh Sharma Basantapu Retail Shop 400 Farming Rented Land 1 146 Dasharath Kurmi Basantapu Retail Shop 250 Farming Rented Land 0.5 147 Thibhurath Kurmi Basantapu Retail Shop 150 Farming Side of Road 5 148 Suwan Kurmi Basantapu Retail Shop 500 Medical Side of Road 6 149 Nandalal Dhakal Basantapu Hotel 400 Side of Road 3 150 Yogendar Gupta Basantapu Retail Shop 300 Side of Road 2 151 Paras Nath Jaisawal Basantapu Residence Rented Land 2 152 Rajesh Gupta Basantapu Retail Shop 800 Side of Road 1 153 Sarfuddin (Chhodelal Gupta) Basantapu Retail Shop 150 Farming Rented Land 6 154 Janakumari Basantapu Retail Shop 150 Business Side of Road 1 155 Ramdev Harijan Basantapu Bicycle Repair 100 Wage Ea Rented Land 3 156 Radha Devi Basantapu Retail Shop 150 Service Rented Land 0.08 157 Abdul Ranu Basantapu Hotel 250 Rented Land 1 158 Mahabub Ansari Basantapu Retail Shop 100 Business Private Land 0.25 159 Raju Thakur Basantapu Hair Dresser 100 Farming Rented Land 0.33 160 Rajendra Thakur Basantapu Retail Shop 125 Farming Private Land 3 161 Najam Uddin Basantapu Retail Shop 125 Rented Land 0.17 162 Mishrilal Basima BhairahawaHotel 500 18 163 Rajkumar Chaurasiya BhairahawaRetail Shop 400 Service 1

Annex-6

16.4 Land Acquisition (Resettlement) Costs 16.4.1 Introduction The first level estimates for land acquisition, as submitted in the Interim Report, were based on topographical survey and design data and the design COI and ROW. Approximate frontage land costs were used to establish approximate unit rates. Then depending on the square meters of land required to establish the COI or ROW, a cost for land acquisition could be established. A similar methodology was applied to buildings and other improvements requiring removal or partial demolition within the COI/ROW before construction commences. Later efforts more clearly identified affected land owner/occupiers by overlaying cadastral drawings on the design drawings and evaluated alternative methods for valuing the land and buildings to be acquired. 16.4.2 Methodology The boundaries of legal titles in Birgunj and Bhairahawa are registered on drawings which can be obtained from the district land offices. However they are not reconciled with any of the mapping grids in common use and the accuracy of the drawings is open to question. We have undertaken valuation in several stages. i) using the cadastral sketches, the plot boundaries have been superimposed over design plans drawings showing the corridor of influence lines (COI) and (ROW), we have superimposed drafted the plot locations. Because the grid references on the cadastral drawings are approximate there are discrepancies which have to be adjusted manually as they are observed. The process is illustrated in Figure 16.1following. ii) as the sketch in Figure 16.1 illustrates, during accurate costing it will be necessary to make a judgment call as to whether all of a particular plot must be purchased or whether only part of the plot need be purchased. Note that some smaller titles are almost entirely consumed in the road COI/ROW iii) individual owner/occupiers must be contacted and interviewed to confirm cost estimates. iv) the land transfer office was contacted in the regions and information sought on recent land sales. Where relevant, the costs registered for land/property transactions have also been tabulated. v) individual plots, areas to be taken, percent of plot area to be taken and estimated unit rates are then tabulated within the same tabulation used to assemble the previous approximate costs estimates. Thus previous cost estimates and plot by plot estimates can be compared and irregularities or large discrepancies can be identified.

Figure 16.1 Matching Cadastral locations with Design Alignment

16.4.3 Tabulated Results of Land and Buildings Acquisition Cost Estimates The resettlement costs estimates are summarized in Table 16.16 following. land acquisition costs It is extremely difficult to determine cost for land acquisition. Table 16.16 shows 6 estimates, labeled A, B, C, D, E, F. Estimate A was the estimate obtained at the time of the Interim Report and is based on consultations with local people at key locations of the proposed alignment by the Social/Resettlement Specialist and the social survey team. Estimate B is based on interviews with plot owners along the proposed road alignment. Plots were identified using the cadastral maps and interviews were conducted by the census survey team. Estimate C is based on land transfer transactions registered at the Land Revenue Office for land plots in the vicinity of the alignment. It would appear that such rates are much lower than actual transaction prices. Based upon experience as identified in RETA 5781 (ADB), these rates have been multiplied by a mark-up factor of 3.5 times to obtain an approximation of market values. Estimate D is based on the land cost rate as fixed by the District Land Revenue Office (DLR) for the purposes of setting minimum land transfer taxes. Estimate E is based on the rates provided by DOR, which in turn are based on Estimate D, adjusted on the basis of known historical transactions in the project areas. Estimate F is based on a 50 percent mark-up on the District Land Revenue Office rate in Estimate D. Estimate F would appear to be close to the Estimate C preceding. Estimate F is the most likely estimate and has been discussed with the DOR, who also consider it the most likely estimate. Estimate F has been used in the revised economic evaluation. building compensation costs for COI Building acquisition costs for COI of the proposed roads due to loss of building along the proposed road has been estimated as follows: • based upon the preliminary identification of building/structures along the alignment, lists of affected buildings were prepared. Then a field verification determined the details and types of buildings actually affected; • based upon the prevailing market unit construction rates per m2 of buildings, plus a mark-up factor of 20 percent for façade improvement, compensation costs for building acquisition were computed, according to actual building type etc. for ROW :Building acquisition costs for ROW of the proposed roads has been based upon the following: • building acquisition costs for ROW will be the sum of building acquisition costs within the COI, plus the additional cost for buildings between the COI and ROW limits; • these additional costs have been estimated on an average unit rate of Rs. 5,000.00 per m2 for Bhairahawa-Parasi road and Rs. 6,500 for Jeetpur for the estimated areas of buildings to be acquired (assuming 50 percent of the total building of 37,000 m2 for Bhairahawa-Parasi and 50 percent of identified buildings in Jeetpur).

A Specimen on the summary of Land Acquisition /Resettlement Cost is given in the Following Table:

Summary of Land Acquisition and Building Compensation Costs Birgunj Birgunj Bhairahawa Bhairahawa Total Total COI ROW (COI ROW (COI 18 m) (ROW 50 m) 18 m) (50 m) 1. Land Area Required (ha) 19.38 52.26 25.74 57.68 45.12 109.94 Costs in Million NRs. A. Estimate (Social Consultation) 86.25 181.15 192.24 397.56 278.49 578.71 B. Est. (interview land plot owner) 111.93 194.37 281.16 619.42 393.09 813.79 C. Land transaction Rate (with 53.95 143.24 114.08 244.46 168.03 387.70 mark-up, RETA 5781)

D. DLR Office, registration min. 35.28 84.00 109.69 232.59 144.96 316.59 rate E. DOR’s rate as of 22 June 2004 41.05 77.39 106.63 258.21 147.67 335.59 F. DLR Office (2003/04) with 52.91 126.01 164.53 348.88 217.45 474.89 Mark up II Building Compensation Jeet[ur ( 102 structure) 24.57 31.71 24.57 31.71 Padam Road (19 structure) 8.68 8.68 8.68 8.68 Bhairahawa – Bhumai (29 km) 14 3.23 114.41. 3.23 114.41 structure Total Estimated Cost 86.17 166.39 167.76 463.29 253.92 629.69

Annex - 7 Sub-regional Transport Facilitation Project Terms of Reference (TOR) for the NGOs

1. INTRODUCTION

This TOR has been prepared for Sub-regional Transport Facilitation Project to implement Land Acquisition and Resettlement Plan for the sub-projects of Birgunj – ICD Access Road and Bhairahawa – Parasi Access Road.

As per the ADB Guidelines on Involuntary Resettlement, a local NGO will be selected by the Executing Agency to assist in implementing the whole land acquisition and resettlement activities for the successful implementation of the SRTF program.

A competent local NGO will be selected to undertake resettlement implementation activities under the STRF Project in accordance with the agreed Plan. The Resettlement Team will be made up of a multidisciplinary team comprising of qualified Team Leader who is a Resettlement Specialist / Social Scientist, and other team members including social scientists/enumerators, a land valuator; community mobilizers and engineers (to be supplied by the DoR) as per the need.

2. SCOPE OF WORKS

The scope of work includes, but is not limited to the following tasks:

a. Undertake Resettlement Plan Update

i. At the outset of the contract (and Project), on mobilization, the consultant will be required to undertake a process to effectively update the LARP. In particular the update should focus on, road alignment variations and the impacts relating to land acquisition and resettlement; records of additional PAP’s; variations to the entitlement matrix should be specifically recorded; budget update and social impact mitigation requirements (with proposed budget). The plan must be updated in full consultation with EA, the affected communities and households and other Project stakeholders . ii. The Updated Plan has to be submitted and approved by the EA followed by the ADB.

iii. The approved Plan will be placed on the ADB website, translated to Nepali and will be made available for public disclosure, particularly to affected households through DDC, VDC and other local sources. The Nepali summary will also be made available during the Information Awareness Campaign.

b. Information Awareness Campaign

i. Prior to resettlement activities taking place, the consultant will develop an Information Awareness Campaign for the whole project implementation period. Awareness activities are expected to include a proposed time schedule, outline of the resettlement plan and expected impacts and how the project intends to mitigate them. This should be an information exchange, where AP’s can have the opportunity to discuss their concerns and identified problems concerning land acquisition and resettlement. The awareness will take the form of group meetings and leaflet/posters.

ii. The information awareness will not be a one-off activity, but will be a continuous updating process between the project and the AP’s, so as the LARP will have the

least impact on AP’s livelihoods and economic activities. This maybe in the form of Group Meetings and/or “newsletter” updates.

c. Undertake Data Measurement and Verification Exercise of APs

A verification exercise will be undertaken to cover all 100% of affected persons under the Land Acquisition and Resettlement Plan. ID system for AP’s be developed and implemented – this should include an ID card, ID number on the affect structure or land area, a photograph of the affected area/structure, with the affected person. This data base will be used for overseeing resettlement entitlements negotiation and monitoring impacts of project implementation on AP’s.

d. Assist the EA in formulation and development of capacity Sub-project level Committee and Grievance redress Committee

A separate sub-project level Committee and a “Grievance Redress Committee” for each sub- project site will be formed by the PIU, assisted by the Resettlement Team. (The Committees are expected to comprise of local level, VDC representatives, women and vulnerable group, religious leaders, local leaders, school teachers etc) The NGO will need to oversee the following:

i. Identification of Committee members;

ii. The setting of responsibilities, constitution and activities under the committee jurisdiction;

iii. Ensure that AP’s are aware and are in contact with the appropriate committees; and

iv. Monitor operations of the committees, to ensure they act in the best interest of the AP, based upon the LARP and HMGN Legal norms.

e. Oversee and assist sub-project level committee and grievance committee implementation and entitlement procedures

The NGO will assist and monitor the Resettlement and Grievance Committees activities, in particular to ensure entitlements are correctly negotiated and administered and that resettlement, land acquisition restoration and rehabilitation activities are as undertaken as per the LARP.

f. Additional social impacts identified should be recorded in the updated resettlement plan or the Monthly reports with a set of mitigation measures and budget, which will be submitted to the PIU.

g. Finalization of Individual Entitlements and Payment of Compensation to the affected persons. Liaise with CDO and other district line agencies with matters related to land acquisition.

3. RECOMMENDED DATABASE MANAGEMENT SYSTEMS

Maintain a data management system recording the details of impact, losses, entitlements, compensation amount and timing of disbursement, income restoration assistance, relocation activity and timing, any grievances, resolution and timeframe of grievances etc for each affected persons.

4. STAFFING INPUTS AND REPORTING

The NGO should have demonstrated experience (at least 3 years) in resettlement implementation and monitoring, community mobilization, community development and participatory rapid appraisal techniques. The NGO team should have experienced resettlement specialists, social scientists, engineers, land valuators and community mobilizers. The NGO will be hired for a period of one and half years starting from last quarter of 2004.

The NGO will be required to submit monthly, quarterly progress reports to provide the following:

(i) Provide updates on resettlement activities; (ii) Any issues inhibiting the resettlement program implementation and administration and recommended methods to counteract these problems; (iii) Make reference to unforeseen impacts and recommended mitigation measures (including budget); and (iv) Further necessary follow-up actions

The NGO will also submit a Final Report on LARP implementation at the end of the duration of services.

Annex 8: Terms of Reference for External Monitoring Agency

1. INTRODUCTION

An External Monitoring Agency (EMA) shall be appointed to monitor the Land acquisition and Resettlement process including compensation and resettlement process and to verify that compensation resettlement and rehabilitation have been implemented in accordance with the agreed Resettlement Plan. The EMA will also be involved in the complaints and grievance procedures to ensure concerns, if any, raised by Affected People (AP) are addressed satisfactorily.

2. SCOPE OF WORKS

The appointed EMA shall undertake the following tasks to independently, externally monitor the SRTF Project Land Acquisition and Resettlement Plan implementation and associated mitigation measures:

a. Verification of Internal Monitoring

Internal monitoring reports will be verified by: (i) Field check, site visits coordinated with the resettlement activities that are taking place (detailed measurement survey (DMS) and issues related to entitlements, compensation payment, public consultations, participatory design of relocation options, relocation etc. (ii) Random review of DMS forms for correct inventory of assets and entitlements. This review shall cover 10% of all the DMS forms; (iii) Random review of entitlement and compensation documents to ensure that the assessment of compensation is based on the agreed entitlement matrix and that all entitlements have been accurately applied.

b. Demographic Baseline and Bi-annual Household Surveys

A baseline and follow-up bi-annual household surveys will be conducted of the fo1lowing stratified samples of affected persons:

(i) 20% of persons who had property, assets, incomes and activities severely affected by Project works and had to relocate, or whose agricultural income was severely affected; (ii) 10% of persons who had property, assets, incomes and activities marginally affected by Project works and did not have to relocate; (iii) 20% of those affected by off-site project activities by contractors and sub-contractors, including employment, use of land for contractor’s facilities, pollution, public health, etc. c. Evaluation of Delivery and Impacts of Entitlements

The delivery and impacts of entitlements will be monitored to: (i) Identify the categories of impacts and evaluation of the quality and timeliness of delivering entitlements (compensation, relocation, and rehabilitation measures) for each category and how the entitlements were used and their impact and adequacy to meet the specified objectives of the RP; (ii) Verify the quality and timeliness of delivery of entitlements and the sufficiency of entitlements. d. Evaluation of Consultation and Grievance Procedures

Consultation and grievance procedures will be monitored to: (i) Assess if grievance procedures are adequately explained to the APs and implemented, (ii) Identify, quantify and qualify the types of conflicts and grievances (if any) reported and resolved and the consultation and participation procedures. (iii) Ascertain that APs have been adequately informed of Project objectives, its impacts, scope, schedule, compensation policy and entitlements through an effective public information campaign e. Evaluation of Actuation of Grievance Committee

The EMA will assist APs to address grievances, as required, and act as observers on the grievance committee, as required. f. Declaration of Successful Implementation

The EMA will provide a summation of whether involuntary resettlement was implemented (i) in accordance with the RP, and (ii) in accordance with the stated policy. g. Follow-up Actions

The EMA should make recommendations for follow-up actions by the EA on the following:

(i) Any outstanding actions that are required to achieve the objectives of the resettlement policy and the RP. (ii) Further mitigation measures, if any, needed to meet the needs of any affected person or families judged and/or perceiving 'themselves to be worse off as a result of the Project. (iii) Provide a timetable and define budget requirements for these supplementary mitigation measures, if any, and detail the process of compliance monitoring and final “signing off” of APs. h. Lessons Learned

The EMA will describe and report to the EA and other stakeholders the lessons learned that might be useful for future projects. 3. EX-POST EVALUATION

A post evaluation will be carried out 6 to 9 months after all resettlement and income restoration activities have been completed, following the same methodology as for the periodic monitoring during resettlement plan implementation

4. RECOMMENDED METHODOLOGY a. Data Collection Methods

Data and information will be gathered through: (i) Baseline household survey of a representative sample, disaggregated by gender and vulnerable groups, to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability. (ii) Follow-up household survey on a twice-yearly basis (iii) Keep the questionnaire simple, collecting only the data that is essential to meet monitoring objectives b. Data Analysis

The data will be analyzed both quantitatively and qualitatively. Data and information collected will be analyzed by Project affected area, replacement of housing and house plots, levels of compensation, type of impact, etc. All data should be disaggregated by gender. c. Database Storage

The EMA will maintain a comparable database of “before” and “after” resettlement conditions. (i) All data bases complied are to be fully accessible to the EA and its agents. Close coordination should be maintained with the Resettlement Consultants and the EMA in this respect. (ii) The EMA will expand the database as necessary with maps, charts, photographs of affected properties, copies of contracts, tax forms and land titles, payments, and valuation documents relating to resettlement. d. Monitoring and Evaluation Indicators

The following aspects of the RP will be monitored and evaluated by the EMA: i. Assessment of Payment of Compensation ii. Linkage to Resettlement and Construction iii. Public Consultation iv. Level of Satisfaction, Grievance and Outcome of LARP Implementation v. Awareness of Compensation Policy vi. Participatory Monitoring and Evaluation

5. STAFFING INPUTS

The consultant team should include persons with demonstrated experience resettlement monitoring and evaluation, household survey, data input and analysis, and participatory rapid appraisal techniques. The consultant team should comprise of a team leader assisted by two resettlement and social scientist specialists

E. IMPLEMENTATION SCHEDULE

The EMA will be hired prior to the detailed measurement survey (DMS), carried out by the resettlement team, and liaise on its design and implementation. The consultant will conduct two formal M&E activities per year, beginning with the baseline survey during the DMS and continuing until resettlement activities are completed. The consultant will also conduct one ex-post evaluation survey 6 to 9 months after the completion of all resettlement activities to assess the achievement of resettlement objectives, the changes in living standards and livelihoods and the restoration of the economic and social base of the affected persons.

F. REPORTS

The following reports will be required for submission from the EMA:

i) Inception Report

To be submitted 30 days after work begins. The Report shall contain a brief Monitoring Plan giving detail on the methodological approach to external monitoring and the monitoring schedule. The inception Report may, dependent upon the actual implementation schedule include the baseline report for the northern section.

ii) Monitoring Reports

The M&E consultant will produce a report following each bi-annual M&E activity. The EMA shall prepare a comprehensive but concise Report summarizing all activities and covering all aspects of resettlement and monitoring indicators specified above. The Report should highlight the issues and problems arising and suggest mitigation measures. The Monitoring Reports should be submitted within two weeks of completion of the monitoring activity. The Executive Summary of these reports consisting of one or two pages outlining the position for the complete Project should be faxed to the EA and to the ADB.

The Monitoring Reports should particularly focus on: (i) A description of M&E activities during the reporting period; (ii) A report of progress of implementation of al aspects of the RP; (iii) Deviations, if any, from the provisions and principles of the resettlement policy specified in the RP; (iv) Identification of problems, issues and recommended solutions, so that project management are informed about the ongoing situation, and can resolve problems in timely manner; and, (v) Description of findings n relation to whether the project activities have been completed as planned and budgeted, findings in relation to achievement of resettlement implementation plan objectives, and recommendations, timetable and budget for addressing outstanding problems; (vi) Report progress on the follow-up of problems and issues identified in the previous report.

iii) Post-Evaluation Report

The M&E consultant will also produce a report following the post evaluation. The post- evaluation report should cover the following: (i) Whether the resettlement activities have been completed in accordance with the approved resettlement plan (RP); (ii) The extent to which the specific objectives and the expected outcomes, results have been achieved and the factors affecting their achievement or non- achievement; (iii) Description of any outstanding actions that may be required to bring the resettlement into compliance with the RP; (iv) Description of any further mitigation measures needed to meet the needs of any affected person or families judged and or/perceiving themselves to be worse off as a result of the Project, and a timetable and budget requirements for supplementary mitigation measures, and detail the process of compliance monitoring and final “signing off” for these AR; (v) Major lessons learned; (vi) Key risk factors; (vii) Recommendations.

Annex 9: Capacity Building Plan for Resettlement Implementation

S.No. Venue Participants Issues to Discussed Remarks

Project incharge,Project Engineer, Project Office 1 Accountant and Other relevant 1 Workshop Kathmandu officials to be supported by Facilitator • ADB’s Policy on Involuntary Resettlement • Resettlement Plan Preparation • Verification Of APs, preparing DMS CDO,Land Revenue Officer, Land • LA plan and CCV by LACC Measurement Officer, DDC One day workshop at • Finalization of individual entitlements Representatives, District Comptroller project district (Bara, as per entitlement Matrix 2 Officer, DDC Representatives, 4 Workshops Parsa, Rupandehi and • Payment of compensation and fund Representatives from institution Nawalparasi) disbursement procedure concerned to be supported by • Formation of GRC, SLC Facilitators • Role of NGOs and EMA. • Reporting Procedure • Lessons learnt from other ongoing One day workshop at Community Representatives, Local ADB projects VDC and Municipality * Leaders from different Parties, VDC level of project district representatives, Project Staff, 3 16 Workshops (Bara, Parsa, Supervisor Consultants and Rupandehi and representatives from agency Nawalparasi) concerned

Annex-10: Land Cost Expected by the Sampled Plot Owners in Bhairahawa-Parasi Sub-project

Prime Land Along Rd (in 2 Siddarthanagar Municipality) 0+250.00 1+043.00 Sample Plot Holders within the Chainage Expected 0+000.00~1+043.00 Plot No. Price in NRs. Rita Gurung, Khusiman Shree Maya 151 1,000,000 Bishan Shingh Gurung 152 1,000,000 Jagat Prasad Gurung 221 1,050,000 Area Polic Office 412 1,000,000 Bala Bahadur Gurung N/A 1,000,000 Bhabati Prasad Gupta (Bhuj) N/A 1,000,000 Lal Bahadur Gurung 511 1,000,000 Hira Devi Gurung N/A 950,000 Laxman Gurung N/A 975,000 Bhairahawa Multipal Campus 41 975,000

Shanti Budda Gumba 50 950,000 Average rate per katha 990,909 Prime Land (Build-up) 3 Belapur 1+043.00 1+600.00 Prime Land Along Road (Bituminous Surface in 4 Basantapur VDC) 1+600.00 3+000.00

5 Prime Land Basantapur 3+000.00 3+800.00 Prime Land Along Road (Gravel Surface in 6 Basantapur VDC) 3+800.00 4+400.00 Sample Plot Holders within the Chainage 1+043.00~4+400.00 Jaya Shree Hanuman Temple 54 850,000 Ram Prakash Dube 1176 900,000 Parash Nath Jaishwal 1020 900,000 Shankar Prasad jaishwal 955 850,000 Bishnu Maya Chhetri 855 650,000 Radheshayam Chai 838 700,000 Bechu Ram Kalbar 360 500,000 Nitya Nanda Sharma 389 500,000 Average per Katha 731,250 7 Prime Land Panawi Village 4+400.00 4+700.00 Agriculture Land Along 8 Dhakdhai VDC 4+700.00 5+600.00

Prime Land (Built-up) Along 9 Baikunthapur Village 5+600.00 6+500.00

Sample Plot Holders within the Chainage 4+400.00~6+500.00 Arjun Bhallah 224 300,000 Shambhu, Shiva Sharan 313 300,000 Hira Lal Dhabal 12 280,000 Hari Om Prasad Chaudhari 159 300,000

Hari Om Prasad Chaudhari Tash Bisharm 428 250,000 Bhagabati Prasad Gupta 414 320,000 Kashi Ram, Tara Nath Tripathi 413 320,000 Bijaya Kumar Kaushal 519 320,000 Anil Kumar Kaushal 516 300,000 Ram Nath Chaudhari 1157 300,000 Durga Prasad Bharasini 1158 300,000 Gaya Kalbhar 1194 280,000 Bahadur Yadab 173 250,000 Average per Katha 272,857 10 Prime Land Chipagadh 6+500.00 8+500.00 11 Prime Land Kadam Kuwa 8+500.00 9+500.00 12 Cultivated Land Chipagadh 9+500.00 10+500.00 13 Primeland (Nakahiya) 10+500.00 11+000.00 14 Prime Land (Chipagadh ) 11+000.00 13+300.00 Prime Land Bypass 15 (Swilihawa) 13+300.00 14+200.00 Prime Agriculture Land 16 (Swilihawa) 14+200.00 14+600.00 Prime Agriculture Land 17 Bakenaha 14+600.00 15+900.00 Sample Plot Holders within the Chainage 6+500.00~15+900.00 Bhanumati Kurmi 109 300,000 Munati Gadini 103 300,000 Bhanumati Kurmi 144 250,000 Bhanumati Kurmi 434 280,000 Rajmati Devi Yadav 647 250,000 Kanchan Lohani 481 260,000 Sabitri Teli 480 260,000 Average per katha 271,429

Cultivated Land for By-Pass 18 at Bakenah 15+900.00 16+400.00 Prime Agriculture Land 19 Bakenah 16+400.00 17+700.00 Prime Agriculture Land 20 Sukrauli 17+700.00 18+300.00

Agriculture Land Bypass 21 Sukrauli Village 18+300.00 19+600.00 Sukrauli Prime Land /gravel 22 Road 19+600.00 20+700.00 Sample Plot Holders within the Chainage 17+700.00~19+600.00 Average per katha 296,000 Sample Plot Holders within the Chainage 19+600.00~20+700.00 Munna Lal Basyal 757 600,000 Mallu Chamar 175 600,000 Average per katha 600,000 Parasi Bypass and east of 23 the river 20+700.00 22+500.00 24 Primeland Bypass Parasi 22+500.00 23+400.00 Primeland Along the Road 25 (Parasi) 23+400.00 23+700.00

Sample Plot Holders within the Chainage 23+400.00~23+700.00

Ashin Ali NA 450,000 Ram Ratan Pasi NA 450,000 Average per katha 450,000 26 Primeland along Pachgaun 23+700.00 24+700.00 . Prime Land alog road near 27 Pachgaun 24+700.00 27+500.00 Sample Plot Holders within the Chainage 24+700.00~27+500.00 Padma Narayan Chaudhari 58 200,000 Dineswh Yadav 17 300,000 Agricultural Office NA 300,000 Irrigation Office 281 300,000 District Public Health Office 440 300,000 Agricultural Service Center 283 300,000 Journalist Association 284 300,000 Average per katha 285,714 Primeland Along Road/ 28 Ranipokhar 27+500.00 28+600.00 29 Agriculture Land Bhumai 28+600.00 29+000.00 Sample Plot Holders within the Chainage 27+500.00~29+000.00 Average per katha 200,000 30 Prime Land 29+000.00 29+134.00 Land Cost Expected by the Sampled Plot Owners in Bhairahawa-Parasi Sub-project 1 Prime Land in front of ICD 0+000.00 0+150.00 2 Prime Land along Padam Road 0+150.00 0+250.00 Land w/i 15m ROW of Padam 3 Road 0+250.00 0+592.00 Identified Plot Holders within the Chainage 0+000.00~0+592.00

Panchu Tatwa 7 2,500,000

Vibishan Das Tatwa 278 2,500,000

Barata Das Tatwa 279 2,500,000

Dharidan Thakur Lohar 9 2,500,000

Hridish Shau 11 2,500,000

Ram Sworath Kurmi 20 2,500,000

Giridhari Raut 9 2,500,000

Raghu Nath P. Kalber 229 2,500,000

Jaya Kishun Raut 230 2,500,000

Bal Kishun Raut 5 2,500,000

Average rate per katha 2,500,000 Prime Land w/i 100m of Padam 4 Rd on Proposed Access 0+592.00 0+700.00 Sample Plot Holders within the Chainage 0+592.00~0+700.00 5 Cultivated Land on Proposed 0+700.00 1+400.00 Acess Rd (Ram Gadhwa)

Sample Plot Holders within the Chainage 0+700.00~1+400.00 Ram Raut 178 1074.7 1931 55.65 50,000 Bhagwat Dube 175 804.26 6058 13.28 80,000 Bhola sah Kanu 214 598.45 1200 49.86 40,000 Dev Narayan Sah Kanu 241 612.75 4748 12.90 40,000 Bhola Giri 140 728.28 5712 12.75 150,000 Average rate per katha 72,000 Cultivated Land Along Proposed 6 Acess Rd 1+400.00 9+500.00 Sample Plot Holders within the Chainage 1+400.00~9+500.00 Rishi Dube Brahmana 92 370.8 2090 17.74 60,000 Rishi Dube Brahmana 58 1797.8 11516 15.61 60,000 Rishi Dube Brahmana 53 1065.9 N/A N/A 60,000 Harihar Raut Kurmi 45 132.77 1404 9.46 50,000 Indra Lal Kayastha 78 419.69 1509 27.82 40,000 Kari Raut Ahir 499 1610.3 4138 38.92 50,000 Ram Narayan Rauniyar 336 205.24 1956 10.49 60,000 Bhagwati Prasad Madwari 66 13.291 479.4 2.77 45,000 Annapurna Devi 7 490.13 9628 5.09 50,000 Mahantha Radho Das 8 1178.7 4272 27.59 45,000 Darwari Raut Ahir 9 428.99 4193 10.23 150,000 Mahanta Radho Das 10 438.2 2876 15.23 45,000 Mahanta Radho Das 11 1444.7 10043 14.39 45,000 Sudarshan Raut Ahir 18 1813.3 7214 25.14 150,000 Darwari Raut Ahir 27 392.47 1279 30.69 70,000 Purushotam Marwari 42 267.77 4451 6.02 50,000 Ram Ashis Barre 45 291.96 292.1 99.95 80,000 Darwari Raut Ahir 54 244.25 387.6 63.02 70,000 Sethu Raut Kurmi 55 657.8 895.9 73.42 60,000 Darwari Raut Ahir 57 204.98 6523 3.14 70,000 Ali Miya Ansari 63 315.93 997.2 31.68 50,000 Ali Miya Ansari 64 485.12 604.7 80.22 50,000 Butan Raut Kurmi 72 535.55 984.7 54.39 80,000 Shiva Govinda Thakur Lohar 75 88.583 801.5 11.05 45,000 Murbi Raut 82 119.97 1241 9.67 60,000 Ramnandan Raut Kurmi 93 600.95 2484 24.19 45,000 Shatya Narayan sahgoth 94 302.76 2982 10.15 45,000 Harihar Raut Ahir 145 2062.8 7799 26.45 40,000 Bhagauti Prasad Bihi 156 487.65 1544 31.57 50,000 Bhagauti Prasad Bihi 157 614.45 2675 22.97 50,000 Khuwa Sah Teli 177 79.49 2053 3.87 60,000 Hardev Man Joshi 180 431.08 2386 18.06 60,000 Dolendra Man Joshi 222 633.95 3237 19.58 45,000 Maharaj Sah Goth 237 229.48 1772 12.95 40,000 Asarphi Sah Kalwar 267 616.48 1673 36.84 45,000 Awadh Raut Kurmi 297 1255.1 4345 28.88 60,000 Raghunath Raut 311 127.49 1537 8.29 45,000 Raj Dev and other 3 family member 314 805.37 11826 6.81 50,000 Raj Dev 330 1007.1 12059 8.35 50,000 Sanad Kumar Dwubedi 345 250.18 547.2 45.72 200,000 Om Praksash Dwebedi 348 201.98 1361 14.85 200,000 Ramsesh Raut 409 70.107 466.3 15.03 45,000 Dev Das Raut Kurmi 413 43.859 430.1 10.20 50,000 Rameshwor Mahato 416 861.14 3101 27.77 45,000 Rameshwor Mahato 438 308.04 487.3 63.22 45,000 Dwarikanath Mahato 440 565.78 5757 9.83 50,000 Shiva Nath Mahato 441 606.69 6415 9.46 50,000 Basmati ya Rauniyarni 448 133.04 1026 12.97 100,000 Kailash Pandit Kumhar 484 362.22 1194 30.35 55,000 Pramashina Devi 524 911.41 3105 29.36 45,000 Average rate per katha 63,300 Deductions 3.1 Bridge 40m in Sirsiya River 3.2 Bridge 30m & Access Rd Crossing Gandak Canal 7 Agricultural Land Prabanipur 9+500.00 10+750.00 Prime Land w/i 100m of 8 Tribhuwan Hway 10+750.00 10+840.00 Free Land with ROW of 9 Tribhuwan Hway 10+840.00 10+865.50 10 Jitpur bazaar road widening