Natural Gas Infrastructure and Efficiency Improvement Project: Component 2

External Social Safeguard Monitoring Third Progress Report

Project No. 45203-006 Semestral Report July 2019

Bangladesh: Natural Gas Infrastructure and Efficiency Improvement Project (Component 2 – Chittagong-Bakhrabad Gas Transmission Pipeline)

Prepared by Md. Abdus Samad for the Gas Transmission Company Limited, Government of Bangladesh and the Asian Development Bank.

This social safeguard monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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

Gas Transmission Company Limited

(A Company of Petrobangla)

Government of the People’s Republic of Bangladesh

Ministry of Power, Energy & Mineral Resources

Energy & Mineral Resources Division

External Monitoring Expert Services to carry out the External Monitoring & Evaluation (M&E) and reporting of the Implementation of Resettlement Action Plan (RAP) under the “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project

Third Progress Report to ADB

(January-June, 2019)

July, 2019

Submitted to

1. Mr. Yoojung Jang- Social Development Specialist

2. Mr. Hong Wei Zhang- Senior Finance Specialist

Asian Development Bank

For

Construction of Chittagong-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project

Ref: Contract No. GTCL- SD3 Dated 9th August, 2018 between Gas Transmission Company Limited (GTCL) and Md. Abdus Samad, the Individual Consultant ( External Monitoring Expert) for the implementation of Resettlement Action Plan (RAP) under “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project”

Submitted by

Md. Abdus Samad

External Monitoring Expert

For Implementation of Resettlement Action Plan of

“Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project”

Subject: Submission of Third Progress Report, July, 2019 2

Ref: External Monitoring Expert Services to carry out the External Monitoring & Evaluation (M&E) and reporting of the Implementation of Resettlement Action Plan (RAP) under “Construction of Chattogram- Feni-Bakhrabad Gas Transmission Parallel Pipeline Project”

Contract No: GTCL-SD3 Dated 9th August, 2018

ADB Loan No: 3461/3462 BAN

Dear Sir,

In reference to the above subject, I am submitting the 3rd Progress Report (January-June, 2019) for the Implementation of Resettlement Action Plan (RAP) under “Construction of Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project” for your kind information and necessary action.

With best regards,

Md. Abdus Samad

External Monitoring Expert

Construction of Chattogram-Feni-Bakhrabad

Gas Transmission Parallel Pipeline Project

Table of Contents Items Pages Abbreviations ...... 5 Glossary ……………………………………………………………….7 1. Implementation of RAP by INGO………………………………….9 1.1 Land Acquisition Updating…….………………………………….9 1.2 Updating of Different Assistances to APs/DPs…………………...10 1.3 Updating of Total Tasks during Jan-Jun/2019 …………………..10 1.4 Tasks Completed by INGO …………………………………… 14 1.5 Socio-Economic Survey………………………………………....14 1.6 Inventory of Loss of Properties…………………………………..15 1.7 Finalization of RAP ……………………………………………...16 1.8 Collection of Award……………………………………………...16 1.9 Personal Contact with APs by INGO…………………………...17 1.10 Distribution of Leaflets to the APs……………………………..17 1.11 Disbursement of Cash Compensation under Law……………...18 1.12 Preparation of EP files…………………………………………20 1.13 Preparation of Entitlement Card………………………………..20 1.14 Disbursement of Additional Grants…………………………....21 1.15 Issuance of Identity Card………………………………………22 1.16 Notices served under section 8(3)/20(1) of Act, 2017…………22 1.17 PVAC Meetings for Disbursement of Additional Grants……...23 2. Consultation, Information Campaign, Participation……………..24 3. Overall Implementation of RAP…………………………………24 4. External Monitoring………………………………………………25

Lists of Table Table-1 Land Acquisition Updating………………………………..9 Table-2 INGO Performance in Three Districts…………………….10 Table-3 Socio-Economic Survey…………………………………..15 Table-4 Inventory of Losses of Properties ……………………… 15 Table-5 Collection of Lists of Awardees …………………………16 Table-6 Personal Contact with the APs/DPs ……………………...17 Table-7 Distribution of leaflets…………………… ……………….17 Table-8 Disbursement of Cash Compensation under Law………..18 Table-9 Mouza Wise CCL Payment Verification………………….18 Table- 10 Preparation of EP files……………………………………20 Table-11 Preparation of Entitlement Card …………………………20 Table-12 Disbursement of Additional Grant ……………………….21 Table-13 Issuance of Identity Card………………………………….22 Table-14.1 Notices Served Under Section 8(3), Act 2017………….22 Table-14.2 Notices Served Under Section 20(1), Act 2017………...22 Table-15 PVAC Meeting at Upazila Level………………………….23

Abbreviations AB Acquiring Body

AC Assistant Commissioner (Land)

ADB Asian Development Bank

AIIB Asian Infrastructure Investment Bank

ADC Additional Deputy Commissioner (Revenue)

AHs Affected Households

AM Area Manager

APs Affected Person

BFD Bangladesh Forest Department

CCL Cash Compensation under Law

CMP Current Market Price

CPR Common Property Resources

DAE Department of Agriculture Extension

DC Deputy Commissioner

DORP Development Organization of the Rural Poor

DoF Department of Forest

DoF Department of Fisheries

FGD Focus Group Discussion

GoB Government of Bangladesh

GRC Grievance Redress Committee

Ha Hectorage

HIES Household Income and Expenditure Survey

ID Identity Card

JVS Joint Verification Survey

JVC Joint Verification Committee

LAP Land Acquisition Plan 6

LGI Local Government Institution

LMS Land Market Survey

M&E Monitoring and Evaluation

NGO Non-Government Organization

PAH Project Affected Households

PAP Project Affected Person

PD Project Director

PIU Project Implementation Unit

PMU Project Management Unit

PVAC Property Valuation Advisory Committee

PWD Public Works Department

RP Resettlement Plan

RB Requiring Body

RoW Right of Way

RV Replacement Value

STG Structure Transfer Grant

ToR Terms of Reference

Glossary

Affected persons (APs) includes any person, affected households (AHs), firms, or private institution who, on account of changes that result from the Project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agriculture, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or part, permanently or temporarily; (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

Assistance means support, rehabilitation and restoration measures extended in cash and/or kind over and above the compensation for lost assets.

Awardees refers to person with interests in land to be acquired by the Project after their ownership of said land has been confirmed by the office of the respective Deputy Commissioner as well as person with interests in other assets to be acquired by the Project. Compensation for acquired assets is provided to awardees through notification under section 7 of Acquisition and Requisition of Immovable Property Ordinance, 1982 and under section 8 of Acquisition and Requisition of Immovable Property Act, 2017.

Compensation includes payments in cash or kind for assets acquired by the Project at replacement cost or current market price.

Cut-off date refers to the date after which eligibility for compensation or resettlement assistance will not be considered. Date of service of notice under section 3 of Acquisition and Requisition of Immovable Property Ordinance, 1982 or under section 4(1) of Acquisition and Requisition of Immovable Property Act, 2017 is considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the census/inventory of losses is considered as the cut-off date for eligibility of resettlement benefits.

Displaced persons refers to those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restriction on land use or on access to legally designated parks and protected areas.

Eminent domains refers to regulatory authority of the government to obtain land for public purpose/interest or use of as described in the Acquisition and Requisition of Immovable Property Ordinance, 1982 and the Acquisition and Requisition of Immovable Property Act, 2017.

Encroachers include those people who extend attached private land into public land or who extend their use of titled land into adjacent non-titled land before the cut-off date. Encroachers will not be eligible for claiming compensation for land assets for the affected area which is an extension to their existing titled land.

Entitlements include the range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and business restoration which are due to AHs, depending on the type and degree/nature of their losses, to restore their social and economic condition.

Household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single family unit. 8

Inventory of losses refers to the assets listed during the survey/census as a preliminary record of affected or lost assets.

Khas land includes to the state-owned land which the government is entitled to both lease out and give away to citizens of the country who do not own land. Khas land is considered as an important livelihood source for the extreme poor and can generate and protect them achieving livelihood, particularly for those with low quality, under-sized and flood prone land.

Non-titled persons refers to those who have no means of recognizable rights or claims to the land they are occupying and include peoples using private or public land without permission, permit or grant i.e., those people without legal right and title to land and/or structures occupied or used by them.

ADB Policy explicitly states that people cannot be denied resettlement assistance those are involved in any way with the land acquired for the development of the Project.

RoR is a record of right of a land owner.

Project affected Families include residential households and commercial and business enterprises except CPRs.

Project Affected Unit combines residential households (HHs), commercial and business enterprises (CBEs), common property resources (CPRs) and other affected entitles as a whole.

Project means Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project of Gas Transmission Company Limited (GTCL).

Relocation means displacement or physical moving of APs from the affected area to a new area/site and rebuilding homes, infrastructures, provision of assets, including productive land/employment and reestablishing income, livelihoods, living and social systems.

Replacement cost refers to the value of assets to replace the loss at current market price, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. The calculation of full replacement cost will consider; (i) transaction costs; (ii) interest accrued; (iii) transitional and restoration costs; and (iv) other applicable costs, if any.

Replacement land refers to land acquired by the Project that is compensated through provision of alternative land, rather than cash, of the same size and/or productive capacity as the land lost and is acceptable to the AP. In this Project, there is no provision for replacement land. However, additional project assistance is allowed in the form CMP as grant to the affected persons to buy land lost to the Project.

Resettlement refers to mitigation of all the impacts associated with land acquisition including restriction of access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition. Squatters includes non-titled and other households, business and common establishments on land owned by the government. Under this Project it includes GTCL acquired land or government land 9

on which people have their structures or income earning sources.

Structure includes all buildings, including primary and secondary structures including houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences and walls.

Vulnerable Households include (i) female headed; (ii) headed by elderly/displaced people without means of support; (iii) households that are below the latest nationally defined poverty line; (v) households of indigenous population or ethnic minority; and (v) landless households or severely affected households subject to the result of social economic survey.

1. Implementation of Resettlement Action Plan (RAP) 1. The third progress report will include different components of resettlement action plan prepared by INGO to submit to GTCL. INGO has prepared RAP implementation plan based on 45 items mentioned in the 3rd half yearly progress report from January to June, 2019. According to the June closing statement of 2019, it is seen that total number of items are 52. Among the items about implementation of 18 items were completed during the year 2018.Some items are not yet been started. So, to make the report in a simple and easily understandable, implementation of RAP for the continuous items will be discussed in detail. Like the system followed in the second half yearly progress report to ADB, the 3rd progress report is submitted accordingly to ADB provision. Draft Final Report and Final Report will be containing full descriptions of every component submitted to GTCL/ADB by the INGO.

1.1 Land Acquisition Updating:

2. Land acquisition expresses the project authority to avoid any negative impacts due to the project interventions or to mitigate them ensuring the affected people will able to maintain or improve their livelihood at the end of the project. 3. The potential impact of economic, social status of PAPs from project activities including land acquisition (include involuntary restrictions) will be identified, such as loss of access to assets or resources or restrictions on land use, which may be minimized, mitigated, or compensated through the social assessment process. If these impacts are found to be significantly adverse at any stage of the project, the project proponent will be required to develop and implement a management plan to restore the livelihood of affected persons to, at least, pre-project level or better. Land acquisition is activated after creating land acquisition case in the LA office of Deputy Commissioner

4. Land Acquisition and Requisition under the project Chattogram-Feni-Bakhrabad Gas Transmission Parallel Pipeline Project depends on the LA cases prepared by the DCs of three districts and approved by the Ministry of Land. The following approved Land Acquisition cases prepared by the three DCs are shown in the following Table-1 during the implementation period (up to June, 2019):

Table-1 Land Acquisition Update

Name of the Upazila Wise Land Amount of Land Acquisition Approval by the District Ministry of Land Acquisition Case No. and Requisition (in acr) Cumilla Nangolkot upazila Acquisition= 32.08 Approved 08/2016-2017 Requisition= 58.1301 Barura upazila Acq.= 28.4483 Approved 09/2016-2017 Req.= 51.60 Chandina Acq= 28.7775 Approved 10/2016-2017 Req= 50.6875 Debidwar Acq= 7.3001 Approved 11/2016-2017 Req= 13.6200 Muradnagar Acq= 23.6530 Approved 11

12/2016-2017 Req= 40.5793 Chouddagram Acq= 14.6167 Approved 13/2016-2017 Req= 27.2900 Laksam Acq= 33.8819 Approved 14/2016--2017 Req= 58.4300 Total (Cumilla District) Acquisition= 168.7575 acr Requisition= 300.3369 acr Feni Feni Sadar Acq= 28.1933 Approved 01/2017-2018 Req= 34.9475 Feni Sadar Acq= 16.8840 Approved 01(ka)/2017-2018 Req= 32.0365 Chagalnaiya Acq= 25.3950 Approved 01(kha)/2017-2018 Req= 50.6750 Total Feni District Acquisition= 70.4723 acr Requisition= 117.6590 acr Chattogram Sitakunda Acq= 71.2070 Approved 07/2017-2018 Req= 130.9600 Mirsarai Acq= 57.9960 Approved 08/2017-2018 Req= 103.2890 Total Acquisition= 129.203 Requisition= 243.2490

1.2 Updating of Different Assistances to DPs/APs

5. The INGO is overall responsible to provide assistance to GTCL in various technical supports and will identify, inform and mobilize displaced persons eligible for

 Conduct socio-economic-survey  Conduct consultation meeting, focus group discussion, community meetings, leaflets distribution etc  Assistance to compensation, demolition and relocation of the APs  Prepare AP files, ID cards, entitlement cards, payment statement and ensure all eligible APs receive their due compensation and entitlements.  Coordination with the Deputy Commissioners and assisting the DPs in getting cash compensation under law (CCL)  Managing alternative land and housing for relocation  Active participation to provide technical and desk support to JVC, PVAC and GRC. 12

6. Other important tasks of the INGO has to encourage the APs/DPs in the resettlement process which will follow household’s survey, land documents preparation for the APs, direct help to the affected persons to observe the change of status of the properties of APs etc. The following procedures will be adopted whether the INGO has applied guideline in their procedures:  Field data collected by the INGO on the basis of socio-economic survey;  Preparation of land documents by the affected persons;  Recorded video film of affected properties on the affected land and properties;  ‘Field Book’ preparation accurately on the basis of video film recording;  Notices served properly to the land and properties of affected persons from the DCs office;  Market price collection rate of different properties such as land, structures, tress, crops etc. of the APs acquired by the DCs;  CCL payment according to ADB guideline by the DCs offices to the APs.

1.3 Updating of Total Tasks During the Period Jan-Jun, 2019

7. According to the half yearly progress report (January-June, 2019) submitted by the INGO to GTCL, the engaged INGO claimed the following performance according to the Table-2 in 3 (three) districts of the project area:

Table-2: INGO Performance in Three Districts

Sl. Description Project Total Achieved Verification No Total Achievement up (Jan-Jun, for Jan-Jun, Target to June, 2019 2019 (20%) 2019)

1 Staff Recruitment 14 14 (completed) 0 0 2 Establishment of Office 03 03 (completed) 0 0 3 Conduct SES Survey 3600 3251 0 0 4 Preparation of Inventory of 3600 3251 0 0 Losses (IOL) 5 Preparation and updating 01 01 (completed) 0 0 RAP 6 Assist to Finalization of 03 03 ( completed) 0 0 Alignment 7 Collection of List of Awardees 3600 1415 1351 270 for CCL Payment 8 Land Market Price Collection( 186 186 (completed) 0 0 Mouza) 9 Personal Contact 5400 4483 2276 455 10 Community Meetings 24 24 08 02 11 Leaflets Distribution 5000 5100 1145 229 12 Video Filming (mouza) 186 186 (completed) 0 0 13

13 Forming JVC (District) 3 3 (completed) 0 0 14 Consultation Meeting 15 17 (completed) 0 0 15 Conduct Focus Group 21 28 (completed) 0 0 Discussion 16 Information Dissemination and 60 51 15 3 Feedback 17 Assist to Form JVC 3 03 (completed) 0 0

17 Assist to Form PVAC 3 03 (completed) 0 0 18 Assist to Form GRC 3 03 (completed) 0 0 19 Joint Verification (mouza) 186 186 (completed) 0 0

20 Quantification of Loss through 186 186 (completed) 0 0 Joint Verification (mouza)

21 Land and property 2600 2268 1519 454 Valuation Assessment

22 Preparation of Cost 3 3 (completed) 0 0 Estimate and Budget 23 Disbursement of CCL 3600 1168 1117 240

24 Preparation of EP Files 3600 557 478 96

25 Preparation of Entitlement 3600 106 106 21 Card 26 Issuance of ID Card 3600 106 106 21

27 Disbursement of Additional 3600 12 12 3 Grant (top up) 28 Submission of LA Plan to DCs 11 11(completed) 0 0

29 Notices Under Section 3 of 3000 2710 0 0 Ordinance, 1982 (only Cumilla District except Chouddagram Upazila) 30 Notice Under Section 4(1) of 5050 4232 0 0 Act, 2017 Composed and Served for Three Districts 14

31 Notices Under Section 6 of 1000 2710 0 0 Ordinance, 1982 Composed

and Served (Only Cumilla District except Choudagram Upazila) 32 Notices Under Section 7(1) of 5650 6149 4449 890 Act, 2017 Composed and Served for Three Districts

33 Notices Under Section 8(3) of 5650 7179 7179 1435 Act, 2017 Composed and

Served for Three Districts 34 Notices Under Section 20(1) 6800 6961 3645 729 of Act, 2017 Composed and

Served 35 Collected & composed 86 86 (completed) 0 0 Gha/Uma/Cha forms

36 Served Notices to the Local 79 81(completed) 0 0 Committee Representatives of JVC/PVAC/GRC 37 Collection Nomination of 79 80 (completed) 0 0 Committee Representatives of JVC/PVAC/GRC

Findings:  INGO performed more than target for leaflet distribution, consultation meeting and focus group discussion during Jan-Jun, 2019 period;  INGO fixed target 3600 additional top up for the affected persons during Jan-Jun, 2019 period but only 12 persons were provided top up within June, 2019 from the GTCL. So, targeted number fix by the INGO is not wise;  All the notices served under the Ordinance, 1982 and the Act, 2017 were done by DC office and the INGO helped DC staffs in DC office;  When checked/monitored in the field level, leaflet distribution, conducting consultation meeting, personal contact system followed by INGO is satisfactory;  Preparation of award, video filming, joint verification of properties, land and properties assessment, CCL distribution, submission of LA plan to DC, notices composed and served, composed and served uma/cha/gha forms etc are the functions of DC offices. INGO helps DC staffs to prepare these papers only.

1.4 Tasks/Items Completed by INGO

8. Some items mentioned in Table-2 for RAP implementation have been completed and discussed during the submission of first and second progress report to ADB. So, these tasks will not be discussed in this 3rd 15

half yearly report but will be again discussed for draft feasibility and final feasibility stage. The completed tasks are:  Preparation of updating RAP  Assist to finalization of Alignment  Local market price rate  Consultation/Community/FGD meetings  Assist to form JVC/PVAC/GRC  Assist to submission of LA plan to DCs  Mouza Joint Verification  Quantification of Loss through JVC  Video Filming  Preparation of Cost Estimate Budget  Notices under section 3, 4(1) and 6  Compose Gha, Uma and Cha forms  Collection and served notices to JVC/PVAC/GRC

1.5 Socio Economic Survey

9. Verified the socio-economic survey data collected by INGO about the entitlements of HHs, commercial and business enterprises, common resources properties for the period of Jan- Jun, 2019. 10. The following steps were considered for monitoring of the socio-economic-survey:  Personal and community wise impact in terms of all inventory of losses;  Negative impacts after land acquisition and identify a number of appropriate suggestions and possible measures to rectify them;  Alternative programs to enhance the negative impacts;  Individual community participation in the resettlement action programs;  Selection of submitted socio-economic-survey of APs on random sampling (not less than 20%) mouza wise;  Current status of the APs after land acquisition;  Assess the losses of the properties. 11. Table-3 below shows the INGO’s status of socio-economic survey (SES) of the respective APs. At the time of inspection and verification, the following SES data were considered for the implementation period of Jan-Jun, 2019:

Table-3: Data of Socio-Economic Survey

District INGO Area Project Total Target from Jan- Achieved in Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 0 (completed) 0 0 Feni 600 64 0 0 Chattogram 2000 268 0 0 Total 3600 332 0 0 16

Findings of the verification:

a. Socio-Economic Survey in Cumilla district was completed during the year 2018 under the Ordinance, 1982, so no target was given for the period Jan-Jun 2019 and shown zero achievements; b. Socio-Economic Survey in Chattogram and Feni were still remaining unserved/not achieved from the target for Jan-Jun, 2019 i.e. for Feni 64 and for Chattogram 268; c. Verified some of the SES forms returned from the INGO head office Dhaka and found some mistakes to fill up respective columns and directed to rectify the mistakes; d. The person concern from whom the SES forms were filled up by the INGO staffs, were not found all at the time of verification in the affected person’s level; e. Some APs were present at the time of verification who are actual affected; their names should be entered into the SES forms again as the SES form fill up is a continuous process.

1.6 Inventory of Losses of Properties

12. The Inventory of losses of affected persons determined by the JVC is shown in Table-4: Table 4: Inventory of Losses of Properties

District INGO Area Project Total Target from Jan- Achieved in Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 0 (completed in 0 0 July-Dec, 2018) Feni 600 64 0 0 Chattogram 2000 268 0 0 Total 3600 332 0 0

Findings:

a. Inventory of loss of properties in Cumilla district was completed during the year 2018 under the Ordinance, 1982, so no target was given for the period Jan-Jun 2019 and shown zero achievements; b. Inventory of loss of properties in Chattogram and Feni are still remaining unserved/not achieved from the target for Jan-Jun, 2019 i.e. for Feni 64 and for Chattogram 268; c. Inventory of losses of affected properties were prepared by the INGO staffs from the data of SES forms; d. SES forms were prepared based on the persons who are titled tenant of the affected properties; e. Immediate before the promulgation of the cut-off date by the DCs, some of the acquired land has been sold to other purchaser and or some of the titled tenants had been died. So, Land documents should be immediately changed before CCL payment by the DCs. f. INGO should re-check the SES forms again and if it is necessary, prepare new SES forms for the change before CCL payment; g. Inventory of losses should be prepared of that person who is in the present possession by land documents. 17

1.7 Finalization of RAP

13. RAP has been finalized by INGO but the document prepared by the INGO has not been supplied a copy as yet. So, a copy of RAP would be collect as early as possible and comments on the RAP will be given in the 4th half yearly (July-Dec, 2019) progress report.

1.8 Collection of Awards for CCL payment

14. During 3rd half yearly progress report (Jan-Jun, 2019), the INGO collected a list of awardees to whom CCL have been awarded by DC Cumilla and the award list is long for this district and the numbers are small for the other two districts which is presented in the following Table-5:

Table-5: Collection of Lists of Awardees

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 946 1231 246 Feni 600 0 120 21 Chattogram 2000 0 0 0 Total 3600 946 1351 267

Findings:

a. Award list is prepared by the DC office and DC has no target numbers. But INGO showed a target number for their self accountability. So, INGO had no target for Feni and Chattogram. DC office prepared award lists shown in the achievement column; b. Award list was checked and verified according to the verification of percentage; c. INGO collected a lists of awardees for 1351 from the DCs office which they claimed their achievement; d. Award is prepared only by the DC office staffs for the APs who will get CCL; e. Compensation is given to the APs/DPs from whom land and properties have been acquired by the DC on the basis of award lists; a. INGO helps the APs to prepare their land and properties documents; b. Award lists collected by INGO found satisfactory.

1.9 Personal contact with the APs/DPs

15. Personal contact is one of the prime duties of the INGO staffs. RAP implementation mainly depends on personal contact. Personal contact helps APs to get leaflets, preparation of land records for field book preparation and CCL payment, RoR correction and updating of records of the APs, grievance redress process etc. Personal contact made by the INGO is shown in the following (Table-6) and the implementation period was Jan-Jun, 2019:

Table-6: Personal Contact with the APs/DPs 18

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1500 689 802 160 Feni 900 395 235 42 Chattogram 3000 2109 1239 248 Total 5400 3193 2276 450

Findings:

a. Total verification number was more than 450 persons; b. The INGO staffs of 3 districts made personal contact with the APs of homesteads found satisfactory; c. Personal contact with the APs of agricultural land owners found not up to the satisfactory level; d. At the time of verification, APs of land owners only (their residence are far from the RoW) informed that the INGO staffs are not so well known to them; e. APs whose homesteads are within the RoW informed that the INGO staffs on regular basis come to them and they are well known to them and INGO communicate with them about activities regularly;

1.10 Distribution of leaflets to the APs

16. For RAP implementation, INGO distributed leaflets to the APs level. They distributed leaflets in each mouza of the three districts containing full description/purpose of the project. The leaflets contain important information on cut-off date, land registration cost and stamp duty from the project, ID card, preparation of land documents, opening of bank account, complaint to GRC, CCL payment from the DC office, additional payment from the project for demolition and relocation etc. On random basis, some mouza were selected for verification of the APs. The following Table-7 shows the leaflet distribution status of the project area during the period of Jan-Jun, 2019:

Table-7: Distribution of Leaflets

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1500 100 100 20 Feni 1000 0 (completed) 0 0 Chattogram 2500 862 1045 202 Total 5000 962 1145 222

Findings:

a. It is observed from the above Table-7 that Cumilla district INGO area had a small numbers to distribute leaflets and Feni district completed leaflet distribution within the period 2018; b. Total verification number is more than 200; c. Feni had no target and achievements is zero; d. Chattogram achieved more than the targets; e. The INGO staffs of 3 districts distributed leaflets to the APs of homesteads found satisfactory; 19

f. Distribution of leaflets to the APs of agricultural land owner found not so satisfactory; g. APs of homesteads only informed that the INGO staffs on regular basis come to them and informed the progress of the project; h. APs of homesteads owners only within the RoW are well known to the INGO; i. INGO visited regularly the affected person’s homesteads.

1.11 Disbursement of Cash Compensation under Law (CCL):

17. Inspected 08 (three) upazila named Muradnagar, Debidar, Laksam, Nangolkot and Barura upazila of Cumilla district, Feni Sadar, and Chagalniya upazila of Feni district and Mirsarai upazila of Chattogram district where CCL payment is going on in full sewing by the DCs. At the time of inspection at the affected person’s level, the respective affected persons were present and found the compensation distribution pictures as per the following Table-8:

Table-8: Disbursement of Cash Compensation under Law

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 949 1042 208 Feni 600 600 39 8 Chattogram 2000 0 36 7 Total 3600 1549 1117 223

18. The following Table- 9 of different mouzas of Cumilla, Feni and Chattogram district are shown where interviews were taken with the above mentioned CCL holders of Table-8: Table-9: Mouza Wise CCL Payment Verification District Upazila wise mouza name No. of contacted persons Cumilla 1.Muradnagar: Pranti, Paharpur, 45 Gandra, Suranandi 2. Debidwar: Surzapur, 60 Razameher, Ampal 3. Laksam: Dombaria 29 4. Nangalkot: Mandra, Baro 26 Fatehpur, Nama 5. Barura: Chouri, Belvose, 50 Deora, Talagram Feni 1. Feni Sadar upazila : 10 Katalia, Modhupur, East and West Bijoyshing, Sarasia, Dhumsahadda 20

2. Chagalnaiya: Nijkunjara - Chattogram Mirsarai: Jamalpur, Gopalpur, 12 Hingulia, Mithachara, Sonapahar

Findings: a. DCs may have target for CCL payment, it is unknown. But INGO has its own target for their self accountability and that is why Chattogram INGO area office showed zero target but DC office provided 36 CCL payment to APs and INGO showed it; a. Examined more than 200 affected persons by name of Cumilla district APs who received their CCL from the DC office; b. They have received all types of CCL (land, structures, trees and crops all together) from the DC office; c. Every CCL paid holder of Cumilla district (except Mandra mouza) informed that the payment is made by the DC office is insufficient and through this amount of payment they will not be able to purchase another land or structures after relocation as the market rate is high in compared to the payment; d. When verified 6(six) CCL holders of Mandra mouza of Nangolkot upazila of Cumilla district informed that additional project grant has been provided to them which is very satisfactory to relocate them in another new place; e. APs of Cumilla district except Chouddagram upazila are getting compensation under the old LA Ordinance, 1982 where the CCL payment is made only 50% excess in addition to the actual rate with the present market price and which is insufficient to relocate them in a new place; f. The CCL holders of Feni district, Chouddagram upazila of Cumilla district and Chattogram district informed at the time of verification that the amount of compensation provided to them is satisfactory and they will be able to relocate their land and structures with the present market price as they are getting 200% excess in addition to the actual rate; g. Affected persons of Cumilla district are demanding a bigger amount as additional grant from the project to relocate them by purchasing new land and structures; h. The project authority has constituted 07(seven) PVAC for seven upazila of Cumilla district to consider for the affected persons to provide additional grant (top up) so that every affected person can relocate them satisfactorily and meanwhile, 12(twelve) APs received a satisfactory top up grant from the project and every AP will get top up of Cumilla district and as well as other two districts. 1.12 Preparation of Entitled Person’s Files: 19. After starting of the CCL payment from the DC office Cumilla, the INGO started to prepare entitled person’s (EP) files to pay additional project grant (top up) for the affected people. As the CCL payments were started from Cumilla, the EP files preparation began from Cumilla district area office first. No EP files as yet prepared for Feni and Chattogram as the CCL payment in these two districts has been started 21

recently. EP files will carry all the information of the APs for any payment from the project grant as additional top up payment. The following Table- 10 shows the number of EP files prepared during the period Jan-Jun, 2019: Table-10: Preparation of EP Files

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 1000 478 95 Feni 600 0 0 0 Chattogram 2000 0 0 0 Total 3600 1000 478 95

Findings: a. EP files preparation was started from Cumilla district as CCL payment was started from Cumilla; b. Feni and Chattogram district CCL payment has been started from June, 2019. So, EP files will be prepared by INGO from next; c. EP files are approved by the GTCL PMU unit, so all the EP files have been sent to GTCL head office for approval and at the time of verification of this area office, no EP files after approval came as yet for verification. 1.13 Preparation of Entitlement Card (EC) 20. Entitlement Card (EC) is prepared by the respective INGO and approved by GTCL. Entitlement card is carried by the respective CCL holder. EC is provided to every CCL holder who will afterward get additional grant from the GTCL authority for meeting up demolition and relocation cost. Entitlement card will show every additional grant paid to the CCL holder (titled person and non-titled person both). The following table- 11 will show the preparation of EC which will be approved by GTCL: Table-11: Preparation of Entitlement Card

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 1000 106 21 Feni 600 0 0 0 Chattogram 2000 0 0 0 Total 3600 1000 106 21

Findings: a. Entitlement card has been prepared by the Cumilla INGO area office only for the additional payment (top up) by GTCL; b. Entitlement Card preparation is yet to process by the INGO staffs of Chattogram and Cumilla as the additional grant payment has not been started (beginning stage of CCL); 22

c. EC is yet to approved by GTCL and will be verified after approval and receiving by the INGO.

1.14 Disbursement of Additional Grants 21. Additional grant is provided to the CCL holders from the GTCL authority for meeting up demolition and relocation costs when the CCL payment can’t cover the whole compensation cost for transferring the affected properties to another. 12 persons of APs has received additional grants from the project by June, 2019. Entitlement card will show every additional grant paid to the CCL holder (titled person and non- titled person both). The following Table- 12 will show the preparation of additional grants (top up) which will be approved and paid by GTCL: Table-12: Disbursement of Additional Grants

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 1000 1000 12 3 Feni 600 0 0 0 Chattogram 2000 0 0 0 Total 3600 1000 12 3

Findings: a. Verified and examined 6 (six) persons personally who have received additional grant from the project authority under Nangolkot upazila of mouza Mandra of Cumilla district; b. They expressed their great satisfaction to receive a large amount of compensation as top up; c. This project grant (top up) value is more than 10 times of the CCL payment made by the DC Cumilla to mitigate costs for demolition and relocation of their properties; d. They informed that without this top up, they would not able to purchase any new land for relocate them and treated this higher type of top up as the blessings and they have no grievance against land acquisition.

1.15 Issuance of Identity Card Identity card will be provided to the affected persons who has received CCL payment and afterwards entitled to receive additional grants. Identity card is directly linked with entitlement card. Every APs who will receive top up has to provide identity card with a personal number to identify the APs. Preparation of ID card is the function of INGO and approved by GTCL. The following Table-13 will show the progress of preparation of ID card by the INGO: Table-13: Issuance of ID Cards 23

Findings: a. ID cards issued to 106 APs of Cumilla district as additional payment has been started for this district first; b. ID card were not issued for Chattogram and Feni district as additional grants as yet started for these two district; c. Examined and verified the ID cards for more than 20 APs who have been provided additional grants showing in the entitlement cards; d. This function is satisfactory by the INGO. 1.16 Notices Served Under Section 8(3)/20(1) of Act, 2017

22. The following tables will show the notices served by the DCs of three districts of the project area: Table 14.1: Notices Served Under Section 8(3) of Act, 2017 District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 350 0 0 0 Feni 1700 1700 1700 340 Chattogram 3600 3600 1803 540 Total 5650 5300 3503 880

Table 14.2: Notices Served Under Section 20(1) of Act, 2017

District INGO Area Project Total Target from Jan- Achieved Verification office Target Jun, 2019 Jan-Jun, 2019 (20%) Cumilla 2000 0 0 Feni 1200 1200 1200 240 Chattogram 3600 0 1803 360 Total 6800 1200 3003 600

Findings of verification of the above tables:

a. Visited and examined the APs/DPs of different mouza of Cumilla district directly in the grass root level to verify the target number of APs; b. Notices of the above two sections under the Act, 2017 were served by the DC staffs; c. Notice served under section 8(3) was made for CCL payment for land acquisition and notice served under section 20(1) was made for CCL payment for land requisition; 24

d. Some of the notice receivers did not receive notices from the DC staffs or INGO due to absent in their residence; e. DC staffs returned some unexecuted notices where the notice receivers were not present and those had to collect notices from DC office; f. Role of INGO is insignificant in the case of notice service; g. INGO staff should look into the notice service affairs with care so that every APs receives notice.

1.17 PVAC Meetings for Additional Grants (top up)

23. Property Valuation Advisory Committee (PVAC) for seven upazila of Cumilla district and two upazila of Feni district were held according to resettlement policy for of the project to provide additional grants (top up) to the affected persons. No meeting was held as yet for Chattgram district. Upazila wise meeting for PVAC is shown in Table-14 below:

Table-15: PVAC Meeting at Upazila Level

Name of the District Name of Upazila Date of Meeting of Comments PVAC Cumilla Muradnagar 16 January, 2019 Debidwar 16 January, 2019 Barura 25 February, 2019 Laksam 8 April, 2019 Nangolkot 10 April,2019 Chandina 30 April, 2019 Chouddagram 30 April, 2019 Feni Feni Sadar 26 June, 2019 Chagalnaiya 26 June, 2019 Chattogram Mir Sarai - No meeting held Sitakunda - No meeting held

PVAC discussed in the meetings and took decisions for the APs for the affected properties compensation as top up for all the upazila of Cumilla district. According to the resettlement policy implementation system, respective representatives of GTCL, PWD, DC, Union Parishads and INGO attended the PVAC meeting. The PVAC decided to take the following points for determination to recommend additional grant and took decisions according to the project provision:

 Determination of the rate of affected lands according to present market value;  Market price of the trees situated on the affected lands;  Market price of the structures situated on the affected lands;  Determination of the rate of additional grant (top up value) for the affected persons according to RP provisions based on the present market price.

Findings:

a. Verified the papers made for the top up payments to APs by the PVAC and appearance of the committee members; b. Examined the decisions of the committees to provide top up to the APs and found satisfactory; 25

c. The decisions were taken according to project provisions and found appropriate; d. Top up provided to 12 (twelve) persons in Nangalkot upazila of Cumilla district were found very satisfactory; e. The committees considered the highest amount of compensation for the APs and the project authority provided top up according to the decisions of PVAC; f. As per the decisions of PVAC, GTCL provided top up to the affected persons which were very satisfactory as per the ADB provision.

2. Consultation, Information Campaign and Participatory Process

23. Consultation and disclosure of information on project resettlement policy, processes and roles of stakeholders are important part of the project management unit with the direct assistance of INGO. Representatives of communities (affected persons) and local government institutions have been involved in Grievance Redress Committees (GRC) and Property Valuation Advisory Committees (PVAC) for their participation to enforce the implementation process easy. Consultation, focus group discussion, personal contact, community meetings have been introduced to help the affected persons in their payment procedure easy. As per the guidelines of ADB and AIIB, GTCL has disclosed the RP in a form of leaflets and entitlement matrix to the local stakeholders.

3. Overall Implementation of Resettlement Action Plan 24. Resettlement action plan (RAP) is implemented by the project PMU and PIU with the full assistance of the engaged INGO. The system of RAP implementation is shown in a nutshell as follows: i. RAP implemented by the Project PIU:

25. The Resettlement Plan (RP) for the Chattogram-Feni-Bakhrabad Gas Transmission project was prepared and planned to ensure to compensate the displaced persons prior to the displacement and commencement of civil works. GTCL project authority has to ensure that no physical or economic displacement of affected households will occur until (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed. GTCL under the Ministry of Power and Mineral Resources Division is representing the Government of Bangladesh as the Executing Agency of the Project. GTCL has established a Project Implementation Unit (PIU) at its HQ headed by a Project Director. A Resettlement Unit is also established within the PIU, which is also responsible for implementation of the RAP in terms of compensation disbursement and resettlement of the project displaced persons including livelihood restoration in the process of construction of gas line and resettlement of displaced persons.

ii. RAP implemented by INGO

26. The INGO is overall responsible for implementation of resettlement plan headed by a Team Leader and his office in Dhaka HQ for management of the resettlement implementation and provide direct assistance to the PIU of GTCL gas transmission project. The INGO has also established three area offices located in three district areas, one in Cumilla, covering Cumilla district, one in Feni for covering Feni district and last one is in Mirersarai to cover Chattogram district. The man power of three areas includes three area managers for three districts and 11 other field staffs for the three area offices.

4. External Monitoring during the period Jan-Jun, 2019

25. External Monitoring is associated with verification of the status of affected persons and evaluate whether resettlement goals are achieving and provide recommendations for improvements of activities performed by INGO and as well as the PIU. After submission of 1st and 2nd Progress Report, inspected and verified several times the field level performance of INGO and the status of the affected persons to submit 3rd progress report to GTCL and ADB. The inspection and RAP implementation monitoring reports were submitted to GTCL and ADB. 26. The following recommendations are suggested identifying some problems and will be beneficial reflection overall conditions of the affected persons regarding acquisition of the land and properties during the period of Jan -Jun, 2019:

(i) Recommendations for INGO:

a. Number of field workers should be increased to discharge regular responsibilities along the project alignment a length of 181km; b. SES forms filled up by INGO staffs should be updated; c. APs who are in actual possession by registered land documents should be enlisted in the fresh SES forms; d. According to the meaning and procedure, FGD meeting, community meeting and consultation meeting should be conducted by INGO staffs; e. INGO staffs should move to the residence of APs/DPs of agricultural lands; as they always move to the residence of homesteads; otherwise, FGD meeting, Consultation meeting, leaflets distributions to the APs of agricultural land owners will not successful; f. INGO will make themselves to help DC office and to arrange in such a way so that every co-sharer of APs receives individual notice instead of received all the co-shares notice by one person; g. INGO should arrange the APs/DPs level to make corrections/updated their record of rights (land registered documents) applicable either in case of land purchase or death of land owner; h. Land purchaser who is in actual possession of acquired land but notice is received by the land seller (due to not correcting the sold land documents). So, INGO will arrange to receive notice by the land purchaser. i. INGO will be preparing lists of vulnerable APs to provide special assistance as per the project provisions

(ii) Recommendations for EA a. Local representatives of PVAC and GRC should be arrange to learn them about the functions and responsibilities through INGO; b. Unexecuted notices of some APs under different sections of land acquisition may be arranged to serve by the INGO staffs for quick service; c. Notices served for land acquisition and land requisition should be served simultaneously, otherwise frustration among the land owners for requisition will be increased. d. Structures demolition should be executed considering whether the affected HHs has received their proper notice from the DC. e. Notices issued for land acquisition and land requisition should be managed to understand by the recipient; otherwise they misunderstand the DC/EA; f. In case of undivided joint land, notice should be served carefully to the APs, so that co-sharer APs in actual possession can get compensation without hazard. 27

Submitted by Md. Abdus Samad Individual Consultant of CFB Gas project