Participatory Small-Scale Water Resources Sector Project: Nakai
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Resettlement Plan Project No. 39432-013 July 2019 Participatory Small-Scale Water Resources Sector Project NaKai Beel Sub-Project, Upazila: Palasbari, District: Gaibandha Prepared by Local Government Engineering Department for the People’s Republic of Bangladesh and the Asian Development Bank. This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Resettlement Plan Document: Resettlement Plan Document Stage: Final Project Number: 39432-013 Date: July 2019 BAN: Participatory Small-Scale Water Resources Sector Project– NaKai Beel Sub-Project, Upazila: Palasbari, District: Gaibandha Prepared by Local Government Engineering Department for the People’s Republic of Bangladesh and the Asian Development Bank. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. 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. Government of People’s Republic of Bangladesh Ministry of Local Government, Rural Development and Cooperatives Local Government Engineering Department (LGED) Local Government Division LGED, Bhaban, Sher-e Bangla Nagar, Agargaon, Dhaka. BAN: Participatory Small-Scale Water Resources Sector Project (PSSWRSP) ADB Loan No. 2542-BAN (SF) Resettlement Plan for Nakai Beel Subproject Palashbari, Gaibandha July-2019 Resettlement Plan for Nakai Beel Sub-project July-2019 BAN: Participatory Small-Scale Water Resources Sector Project (PSSWRSP) ADB Loan No. 2542-BAN (SF) Local Government Engineering Department (LGED) Local Government Division Ministry of Local Government, rural Development and Cooperatives LGED, Bhaban, Sher-e Bangla Nagar, Agargaon, Dhaka. EXECUTIVE SUMMARY One of the components of the Participatory Small-Scale Water Resources Sector Project (PSSWRSP), or ‘the Project’) is to construct water management infrastructure. The main objective of the Project is to enhance agricultural production, poverty reduction and economic growth in subproject areas. The Project objectives will be achieved through the participation of stakeholders in identification, implementation, improvement and management of water management related infrastructures. The Project infrastructure is diversified, including: re-excavation and improvement of Khal/river (channels, of rivulets): construction of levees on the bank of Khal/river; construction and supplementary irrigation in monsoon/dry season. In addition, suitable hydraulic structures will be constructed. The Nakai Beel subproject area is located at Horinathpur Union of Palasbari Upazila in Gaibandha District. This subproject consists of re-excavation of canal names: Alsa Khal (00 + 2.50) = 2.5 km and Construction of a Water Retention Structure at 2.00 km upstream from the outfall of the Alsa will be on private land. All the project areas are surrounded by agricultural land. The re- excavated of khal will principally serve the irrigation and drainage purposes. Moreover, some areas of khal can also be used for fish cultivation. The proposed subproject has a gross benefited area of 280 hectare. But to a large extent the river are silted, leading to extensive drainage problem. Re-excavation of the khal will remove the drainage congestion and drainage improvement will also release some areas for Rabi crops and facilitate planting HYV Boro on a timely basis with the support of irrigation to be created by the re- excavated river. Bangladesh Government through relevant ministry and office of Deputy Commissioners has been accomplishing acquisition of land for implementing Participatory Small-Scale Water Resources Sector Project (PSSWRSP) for the LGED. Like other project LGED, Gaibandha District do not have enough land for implementing the proposed sub-project, it required acquisition/purchase the land. Deputy Commissioner’s office of Gaibandha acquired the land. Land acquisition process was started in 15-09-2015 and completed in 11-03-2018. The land measuring 0.18 acres situated at Mouza: Horinapur , J. L. no: 115, Upazila: Paladhbair, District: Gaibandha had been acquired in accordance with the Acquisition and Requisition of Immovable Property Ordinance 02/1982. Having acquired the land DC, Gaibandha transferred the land to Gaibandha LGED. As acquisition of any site was in anticipation of ADB project funding is taken place, RP is to be prepared. When social safeguard team visited PIU for preparing RP, they found the land acquisition process has done. Pourashavas chose the land not only considering the social and environmental criteria but also willingness for selling land by the land owners. The acquired land was owned by general people. Land ownership, or, land acquisition for each site (e.g. landfill) are clearly mention in the reports. No coercion is taken place to acquire the land. A lengthy and time consuming procedure has been followed for land acquisition by office of the Deputy Commissioner. There are no objections recorded or found from the APs. Land values were determined by a committee headed by Deputy Commissioner (DC), Gaibandha where Executive Engineer, LGED was a member. As per decision of the committee and rules (ARIPO, 1982), compensation were made to the affected persons. After maintaining all these formalities, the land was handed over by the Deputy Commissioner (DC) to the Gaibandha LGED for undertaking development works. Bangladesh Government Gazette of the Acquired Land, Deed of Possession (Dhakhal Nama) are attached in Appendix-2. A Property Valuation Advisory Committee (PVAC) consists of 5 neutral members was formed by the DC Gaibandha District in order to investigate & verify the price received by the APs against their properties. Property Valuation Advisory Committee (PVAC) after collecting the information physically in the field level came to the decision that the affected persons received prices against their lands which are higher than the market price. The Committee certified (APs) are pleased to receive this price and have no complaints whatsoever in this regard. Details of the affected persons, impacts and payments received against their impacts are shown in Table-4 and see Appendix-7 for PAVC report and Appendix -4 Land Schedule The Socio Economist of LGED and Upazila Engineer in conjunction with WMCA/Union Parishad representatives through INGO informed the APs of the subproject regarding the impacts and their entitlement under the RP. The title holder APs of this subproject will be compensated under the Resettlement Framework following the Entitlement Matrix. As per RF the payment of full cost of compensation will be the responsibility of LGED. The subproject has a non-significant impact on property of the AHHs. The APs themselves in group discussions have indicated that they will get more benefit from the subproject than losses. They will also be benefited, having their land protected from water-logging. Moreover, they would be able to retain monsoon water within the subproject area for irrigation in the winter season. Fishing, both open water as well as cultured, will also be enhanced which will improve their socio-economic condition. No works under any contract awarded under the subproject will be commenced until all the required compensation payments are made to those affected people. The INGO will assist LGED in the context of Information Dissemination and feedback, APs in Resettlement Process, Grievance Redress Procedure, Information Management, Reporting and RP preparation and implementation. Some salient information of the RAP are: • Length of the river to be re-excavated=2.5 km; • Area to be irrigated after the completion of implementation of the subproject = 280hectare; • Number of households within the subproject command area= 714; • Number of households expected to be directly benefited= 480 Number of households to be affected by WRS = 4 APs; Number of Indigenous AP=Nil; Number of disabled affected persons=Nil; None of the affected persons will lose more than 10% of their annual income; None of the APs will become vulnerable because of the loss of khas land under their possession; Total land use by the 4 APs = 18 decimal of which 14 decimal are cultivated land and the rest 4.00 decimal is under trees; Total number of affected trees = 48 ; Compensation for crops = N/A Compensation for fire wood trees = 7200; Compensation for Land = Tk . 397707.27tk; EP files, stationery and other miscellaneous costs=Tk11931.22tk; Total costs of RAP implementation including compensation =Tk. 409638.09. Table of Contents A. Project Background ..................................................................................................................................... 12 2. Description of the Subproject ........................................................................................................................