Madhya Pradesh Irrigation Efficiency

Land Acquisition and Resettlement Plan

May 2019 Project Number: 45371-007

IND: Madhya Pradesh Irrigation Efficiency Improvement Project Rising Mains Pipeline Distribution System to Distribution Chambers for Command Area- Right Bank Canal Project

Prepared by the Madhya Pradesh Water Resource Department with the assistance of the Project Contractor (L&T Construction, India) for India and the Asian Development Bank.

This land acquisition and 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.

Land Acquisition & Resettlement Plan (This document is prepared in accordance to the ADB Resettlement Plan Requirement as described in ADB Safeguard Policy Statement, 2009)

Document Stage:

India: Madhya Pradesh Irrigation Efficiency Improvement Project

Subproject: Rising Mains Pipeline Distribution System to Distribution Chambers for Command Area of CCA 67091 ha of Kundalia Irrigation Project- Right Bank

March 2019 2

CURRENCY EQUIVALENTS (As of 30th November 2018) Currency unit – Indian Rupee (Rs) INR 1.00 = $ ------$ 1.00 = ------

ABBREVIATIONS

ADB : Asian Development Bank AH : Affected Households AP : Affected People BSR : Basic Schedule of Rate CSC : Construction Supervision Consultant DC : Distribution Chamber DMS : Detailed Measurement Survey DP : Displaced People DPR : Detailed Project Report EA : Executive Agency FGD : Focus Group Discussion GOMP : Government of Madhya Pradesh GRM : Grievance Redress Mechanism GRC : Grievance Redress Committee IA : Implementing Agency IP : Indigenous People KIP : Kundalia Irrigation Project LAR : Land Acquisition and Resettlement LVC : Land Valuation Committee MFF : Multi Tranche Financing Facility MPIEIP : Madhya Pradesh Irrigation Efficiency Improvement Project NGO : Non Governmental Organization PIU : Project Implementation Unit PPTA : Project Preparatory Technical Assistance PS : Pumping Station RF : Resettlement Framework ROW : Right of Way LARP Land Acquisition and Resettlement Plan R&R : Resettlement and Rehabilitation SC : Scheduled Cast SIA : Social Impact Assessment SPS : Safeguard Policy Statement ST : Scheduled Tribe WRD : Water Resources Department WUA : Water User Association 1

CONTENTS

Page I. EXECUTIVE SUMMARY 1 A. Introduction 1 B. Scope of Land Acquisition 1 C. Land Acquisition Impacts 2 D. Consultations and Participation of DHs 2 E. Legal Framework 3 F. Entitlements, Assistance and Benefits 3 G. Land Acquisition Budget and Financing Plan 4 H. Grievance Redress Mechanism 4 I. Institutional Arrangement 4 J. Implementation Schedule 4 K. Monitoring and Reporting 5 II. PROJECT DESCRIPTION 6 A. Introduction 6 B. General Profile of the Subproject Area 9 C. Subproject Impacts and Benefits 9 D. Minimizing Land Acquisition 10 E. Scope and Objectives of Preparation of Land Acquisition and Resettlement Plan (LARP) 10 F. Methodology adopted for Socio-economic Survey 11 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 12 A. Land Acquisition Requirement 12 B. Resettlement Impacts 13 C. Loss of Private Land in the Subproject 13 D. Loss of Structures in the Subproject 14 E. Loss of other Assets in the Subproject 14 F. Loss of Livelihood in the Subproject 14 G. Intensity of Impact on Land Owners 15 IV. SOCIO-ECONOMIC INFORMATION AND PROFILE 16 A. Census Socioeconomic Survey 16 B. Demographic Profile of Project Affected Households 16 1. Sex Ratio Among the DPs 16 2. Household by Religion 16 3. Household by Social Group 17 4. Household by Size of Family 17 5. Age Group of DPs 17 C. Socio-economic Profile 18 1. Educational level of DPs 18 2. Occupation of DPs 18 3. Income of Household 19 4. Impact to Vulnerable DH (mutually exclusive) 19 D. Key Socio-economic Indicators 20 V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 21

A. Public Consultations 21 B. Methods of Consultation 21 C. Outcome of the Consultations 22 D. Mitigation Measures to Address Community Concerns 25 E. Conclusions of the Group Consultations 25 F. Plan for further Consultation in the Project 26 G. Information Disclosure 27 VI. GRIEVANCE REDRESS MECHANISMS (GRM) 28 VII. LEGAL FRAMEWORK 30 A. Introduction 30 B. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCT in LARR), 2013 30 C. Legal and Policy Frameworks of Madhya Pradesh State: 31 1) “Madhya Pradesh Bhumigat Pipeline, Cable Avan Duct (Bhumi ki Upyokta ke Adhikaron Ka Arjan) Adhiniyam, 2012 (No. 5 of 2013)” – (To be referred as The Madhya Pradesh Pipeline Act, 2013) 31 D. The Madhya Pradesh Government Order No. F 12-2 / 2014 / 07 / 2A Dated 12.11.2014 regarding the ‘Consent Land Purchase Policy’. 31 1) This Policy is applicable only where there is a need to acquire Private Land for construction of permanent structures for the project. 32 2) This Policy of Land Purchase is not only cost effective but saves lot of time in Land Acquisition procedure. 32 3) A lump sum compensation / grant / consideration amount is being given to the affected household and his private properties are purchased by the Government with the mutual consent of the affected person or affected household. 32 4) If land is required for any developmental purposes the District Collector is approached for making such type of land available to the concerned Department. If suitable Government land is available for the purpose then the same land shall be transferred to the concerned Department. If such type of suitable Government land is not available for the purpose then the procedure of purchase of private land with mutual consent is adopted. 32 E. ADB’s Safeguard Policy Statement (SPS), 2009 32 F. Comparison of Government and ADB Policies 32 G. R&R Policy Framework for the Subproject 37 H. Valuation of Assets 40 VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 43 A. Introduction 43 B. Cut-off-Date for Entitlement 43 C. Subproject Entitlement 43 D. Loss of land 44 E. Loss of Structures 44 F. Loss of livelihood due to loss of primary source of income 44 G. Loss of trees and crops 44 H. Additional assistance to vulnerable households 45 I. Loss of community infrastructure/common property resources 45 J. Temporary Impacts 45 3

K. Entitlement Matrix 45 IX. RELOCATION, INCOME RESTORATION AND REHABILITATION 58 A. Basic Provision for Relocation 58 B. Income Restoration and Rehabilitation 58 C. Provisions for Loss of Livelihood 60 D. Additional Support from Ongoing Poverty Reduction Programs 61 X. LAND ACQUISITION BUDGET AND FINANCING PLAN 62 A. Introduction 62 B. Compensation Payment 62 C. Compensation for Community Property Resources 62 D. LAP Implementation and Support Cost 62 E. Sources of Funding and Fund Flow Management 62 XI. INSTITUTIONAL ARRANGEMENTS AND CAPACITY DEVELOPMENT 64 A. Institutional Requirement 64 B. Executing Agency 64 C. Land Acquisition Management at PIU/PMU 64 D. Capacity Building on RP in the EA 67 XII. IMPLEMENTATION SCHEDULE 68 A. Introduction 68 B. Monitoring and Reporting Period 68 XIII. MONITORING AND REPORTING 70 A. Need for Monitoring and Reporting 70 B. Monitoring by PIU 70 C. Monitoring Indicators 70 D. Reporting Requirements 71

TABLES : Table 1: Components of the Subproject 7 Table 2: Land Acquisition Requirements for the Subproject 12 Table 3: Ownership of Land Affected in the Subproject 13 Table 4: Details of Affected Persons in the Subproject 14 Table 5: Intensity of Land Impact Table 15 Table 6 : All Displaced Persons by Sex 16 Table 7 : Displaced Household by Religion 17 Table 8 : Household by Social Category 17 Table 9 : Size of the household 17 Table 10 : Age Group of Displaced Persons 17 Table 11 : Educational level of DPs 18 Table 12 : Occupation of DPs 19 Table 13 : Monthly Household Income of DHs 19 Table 14 : Vulnerable (mutually exclusive) 19 Table 15 : Key Socio-economic Indicators 20 Table 16: Consultation Methods 21

Table 17: Consultation Locations 22 Table 18: Summary of Consultation Outcome 24 Table 19: Format for Public Consultation and Disclosure Plan 27 Table 20: The Comparison of ADB and GOI Policy 33 Table 21: Entitlement Matrix 46 Table 22: Estimated Budget for Implementation of the LAP 63 Table 23: Agencies Responsible for Resettlement Implementation 65

FIGURES : Figure 1:Rising Main Alignment Diagram of KIP ...... 8 Figure 2: An Overview of the Grievance Redress Mechanism...... 29

ANNEXURES : Annexure 1 : Summary of Affected Persons and Common Property Resources ...... 72 Annexure 2 : Summary of Affected Persons and Common Property Resources ...... 73 Annexure 3 : Collector Rates of Agriculture Land of Affected Villages of Tehsil Jeerapur, District Rajgarh ...... 74

I. EXECUTIVE SUMMARY

A. Introduction

1. Madhya Pradesh Irrigation Efficiency Improvement Project (MPIEIP) is intended to achieve high irrigation efficiency and water productivity in the State. The MPIEP includes the development of the Kundalia Irrigation Project (KIP), which is planned as a pressurized pipeline distribution system for 130,639hectares (ha) cultivable command area (CCA) and for supply of water for potable and industrial use. As part of this scheme, scope of Right bank canal system is to develop pressurized Pipeline distribution system for 67,091 ha CCA.

2. Government of Madhya Pradesh has received loan from Asian Development Bank for implementation of the Project. The Water Resource Department (WRD) of Madhya Pradesh is the Implementing Agency (IA) for the Project. Presently L&T Construction as a DBO Contractor has been engaged by Water Resources Department (WRD) for detailed design and construction to manage the scheme operation for an initial period of 5 years.

3. The main pumping station of Right Bank will be located at the end of concrete-lined approach channels constructed in the reservoir. The 3 DCs are proposed on two nearby hills and the water from pumping stations will be pumped through raising mains (pipelines) to the DCs. The subproject components comprises of 1.Laying of underground Rising Main Pipelines from Pumping Station to Distribution Chambers and 2.Parallel Access / Service Road.

4. In compliance with the applicable Government of India, State Government legal and policy framework and ADB SPS 2009, a Land Acquisition and Resettlement Plan (LARP) for this subproject covering rising mains and its adjoining access roads is prepared as per the availability of detailed design. The LARP also complies with the Land Acquisition Framework (LAF) for the project agreed between WRD and ADB. Subsequent Land Acquisition and Resettlement Plans will be prepared by the Contractor for other CCA and components of the Project. This subproject is considered as Category-B as per Involuntary Resettlement (IR) categorization is concerned.

5. The objective of this LARP is to assist the affected people to improve, or at least restore their living standards to the pre-project level. The document describes the magnitude of impact, mitigation measures proposed, method of valuation of land, structure and other assets, eligibility criteria for availing benefits, baseline socio-economic characteristics, entitlements based on type of losses and tenure, the institutional arrangement for delivering the entitlements and mechanism for resolving grievances and monitoring.

B. Scope of Land Acquisition

6. All the components of this subproject may require permanent structures so the land has to be acquired permanently. The underground Rising Main of Diameter 2200 mm will be laid from the Pumping Station to Distribution Chamber 1 along with its parallel access road in 2.20 ha of land. The other Rising Main of Twin Pipeline of Diameter 2700 mm each will be laid from Pumping Station to Distribution Chamber 2 A&B along with its parallel access road in 7.0 ha of land. The

2 above mentioned components of this Subproject in all will require permanent structures in 9.2 ha of private and government land to be acquired permanently.

7. For construction of these components, 5.32 ha of private land and 3.88 ha of Government land to be acquired permanently. The alignment of Rising Main will be 2 Km in length and 5 meters in width with access road of 6 meters from PS to DC 1 located on a nearby Hill in Village Barkhedi Umat. The Twin Rising Main and access road will be of 3.5 Km length and 14 Meters Width along with access road of 6 meters from PS to Distribution Chamber 2 A&B located on a hill near Ramnagar Village. Therefore, the Rising Mains with their parallel access roads will be passing through three Villages namely Mundi, Banskhedi and Ramnagar in Zeerapur Tehsil of District Rajgarh.

C. Land Acquisition Impacts

8. The land for all the permanent structures of this Subproject has to be acquired permanently which has been distributed in two categories that are private land and government land. The Rising Main with Access Road to Distribution Chambers 1 may require 2.20 ha of land and Twin Rising Main with Access Road to DC 2 A&B will require 7.0 ha of land. Therefore total requirement of private and government land will be 9.20 ha.

9. For laying of rising main and approach road 5.32 ha of private land has to be acquired permanently as per Consent Land Purchase Policy’ 2013 of the State. In case of any negotiated settlement regarding impacted land, an independent external party will be engaged by the EA, to document the negotiations and settlement processes as per ADB norms. If negotiations of consent land purchase fail, then as per the provisions of RFCTLARR Act 2013.

8. There are 35 displaced households comprising a population of 193 DPs in all the three Villages. Due to the subproject intervention no residential or commercial land is being impacted. Among other impacts, there are 25 non fruit bearing trees and 13 fruit bearing trees and 1 kuchha well impacted in this subproject. These impacts are due to the laying of rising main pipeline and its access road. However, the impacts will be permanent for which compensation has to be paid for the loss incurred to them.

9. There is no Community Property Resources (CPR) being affected in this subproject. There are mainly bushes found on the impacted government land due to scarcity of water in the area. There are no squatters or informal settlers found living or cultivating land in the subproject area. Since there will be only partial impact on the total land holdings of all the 35 displaced households so there will not be any physical displacement of the affected population.

D. Consultations and Participation of DHs

10. Aside from direct consultations with DPs during socio-economic survey, Group Consultations were also held at two locations that is Mundi and Ramnagar Village. In first phase, it was held on 22nd November’2018 for Mundi and Banskhedi Villages and on 24th January’2019 for Ramnagar Village. All relevant aspects of project designs, details of impact to their private properties were physically assessed and discussed with the DHs and affected population. A total 3 of 70 persons (08 females and 62males) participated in the first consultation on 22nd November’ 2018 and 33 persons (3 females and 30 males) took part in the second Consultation in Village Ramnagar on 24th January’ 2019. The Elected People’s Representatives of the affected areas also took part in these group consultations.

11. The affected population is very much concerned about the early completion of the project, looking to the long term benefits of the project. Information will be disseminated to DPs at various stages. Information including magnitude of loss, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments, Civil works schedule was discussed and LAP will be disclosed during project implementation. This will be done through public consultations and made available to DPs as brochures, leaflets, or booklets in Hindi. The Hindi version of a summary of LAP along with Entitlement Matrix and structure and process of grievance redressal will be disclosed.

E. Legal Framework

12. The legal framework and principles adopted for addressing land acquisition and resettlement issues in the Project have been guided by the existing legislation and policies of the GOI, the Government of Madhya Pradesh, Asian Development Bank and the Land Acquisition Framework (LAF) adopted for the project. Prior to the preparation of the LARP, a detailed analysis of the existing national and state policies was undertaken and a RF has been prepared for the entire program. This subproject LARP is prepared based on the review and analysis of all applicable legal and policy frameworks of the Country and ADB Policy requirements. The gaps between the Polices have been identified and addressed to ensure that the LARP adheres to the SPS (2009) requirements. All compensation and other assistances will be paid to all DPs prior to their physical/economic displacement as per entitlement matrix.

13. The State Government of Madhya Pradesh has come up with a “Consent Land Purchase Policy’ 2013 for direct purchase of land through negotiations. In case of any negotiated settlement, an independent external party will be engaged by the EA, to document the negotiation and settlement processes as per ADB requirements of SPS 2009. In case of failure of any negotiations, the permanent land acquisition in this subproject context will be according to the process and provisions of RFCTLARR Act’2013.If negotiations of land fails, the land will be acquired compulsorily so the Safeguard Requirement 2 of ADB SPS 2009 will be applicable on all the provisions of resettlement, to be implemented in this subproject.

F. Entitlements, Assistance and Benefits

14. In case of land acquisition, the date of publication of preliminary notification for acquisition under section Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCT in LARR Act – 2013) will be treated as the cut-off date. For non-titleholders, the cut-off date will be the end of the census survey which is 4thFebruary’ 2019. Land and structures affected under the subproject will be compensated at replacement cost. DPs who settle in the affected areas after the cut-off date will not be eligible for any compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structure, if any, prior to subproject implementation.

15. The EA will provide adequate and appropriate replacement of land and structures or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The EA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the subproject area prior to the cut-off date.

G. Land Acquisition Budget and Financing Plan

16. The WRD will make funds available as required to cover all compensation and resettlement assistance cost from its budgetary provisions. The proposed budget rates, as well as the costs, are based on field level information and experience in resettlement management. The cost estimates for the implementation of LAP of this Subproject is Rs.7.12 Million.

H. Grievance Redress Mechanism

17. During implementation of LARP of the Project as a whole, some grievances may arise so there is always a need of some mechanism to redress the grievances of the affected population. Therefore a project level combined GRM will be in place for addressing social, environmental and project related grievances. Other than disputes relating to ownership rights and apportionment issues on which the LARR Authority has jurisdiction, the GRC will review grievances involving all resettlement benefits, relocation and payment of assistances. The GRM should be in place at the time when disclosure of the LAP is initiated by WRD and should continue throughout the project implementation period.

I. Institutional Arrangement

18. The Executing Agency (EA) for the Project is the Ministry of Water Resources, Government of Madhya Pradesh, and the Implementing Agency (IA) is Water Resources Department, GOMP. The existing Branch Office at Zeerapur Tehsil Head Quarter has already been established which is the Project Implementation Unit (PIU). This office will be functional for the whole Subproject duration. EAs will be supported by the Construction and Supervision Consultant (CSC) to ensure timely and effective implementation of LARP.

J. Implementation Schedule

19. The time for implementation of LARP will be scheduled as per the overall subproject implementation. After the detailed design completed, requirement of updating of LARP will be checked by L&T Constructions. If updated LARP is required, the approval from the EA should be obtained prior paying compensation to the affected people. The contractor will pay compensations for all temporary land acquisition but EA will pay the compensation for permanent acquisition of impacted land. The commencement of work will only be undertaken in the land where compensations have been fully paid. 5

K. Monitoring and Reporting

20. Land Acquisition and Resettlement Plan implementation for the subproject will be closely monitored by the EA which is Water Resources Department of GOMP. Keeping in view the significance of resettlement impacts of the overall project, the monitoring mechanism for this project will have both monitoring by Project Implementation Unit (PIU) and monitoring by an external resettlement expert. PIU will responsible for overall supervision and implementation of the LAP, and will prepare monthly progress reports on resettlement activities and submit to PMU. The Project Management Unit (PMU) of MPWRD will submit semi-annual reports to ADB.

II. PROJECT DESCRIPTION

A. Introduction

21. Madhya Pradesh Irrigation Efficiency Improvement Project (MPIEIP) is intended to achieve high irrigation efficiency and water productivity in the State. The MPIEP includes the development of the Kundalia Irrigation Project (KIP), which is planned as a pressurized pipeline distribution system for 1,30,639 hectares (ha) cultivable command area (CCA) and for supply of water for potable and industrial use. As part of this scheme, scope of Right bank canal system is to develop pressurized Pipeline distribution system for 67,091 ha CCA.

22. Government of Madhya Pradesh has received loan from Asian Development Bank for implementation of the Project. The Water Resource Department (WRD) of Madhya Pradeshis the Implementing Agency (IA) for the Project.

23. Presently L&T Construction as a DBO Contractor has been engaged by Water Resources Department (WRD) for detailed design and construction to manage the scheme operation for an initial period of 5 years, with support to hand-over the long term management to a joint management organization comprised of WRD, a private contractor, and a project-level Water User Association (WUA).

24. The pipeline irrigation system for the KIP Right bank will consist of one main pumping station located on the right side of the Kundalia Reservoir to supply irrigation water from the Kundalia Reservoir to three Distribution Chambers (DCs). The main pumping station will be located at the end of concrete-lined approach channels constructed in the reservoir. The DCs are proposed on the two nearby hills and the water from pumping stations will be pumped through raising mains (pipelines) to the DCs. Water will be discharged from DCs through pressurized secondary pipelines to the designated command areas. In general, all pipelines under this Project will be underground only.

25. The total area to be irrigated by Kundalia Pipeline Irrigation Project under Right Bank will be 67,091 Ha in Rajgarh District of Madhya Pradesh. The Pump House at lifting point is considered on the Right Bank side of Kundalia Reservoir (near Mundi Village) based on topography of the land.

26. The total discharge from the Pump House is pumped through twin MS Rising mains of 2700 mm diameter each to Distribution Chamber DC-2A&B and through single MS Rising main of 2200 mm diameter to Distribution Chamber DC1.The alignment of Rising Main will be near about 2 Km from Pump House to Distribution Chamber 1 in Barkhedi Umat on a hill near Mundi Village and near about 3.5 Km from Pump House to Distribution Chamber 2 A&B on a hill near Ramnagar Village. Therefore the total alignment of Rising Mains will be of 2 Km from Pump House to DC1 and 3.5 Km from Pump House to DC2 A&B along with their access roads, form the components of this subproject.

27. Water from DC1 is distributed to Zone -1 (CCA-16045 Ha). Zone-1 is covered through gravity pipelines. Water from DC2 A&B is distributed to Zone -2 (CCA -7450 Ha) and Zone-3 7

(CCA - 43596 Ha). Zone -2 and Zone-3 is also covered through gravity pipelines. The minor and sub minor branches are taken at suitable intervals from the gravity main pipelines and water is carried up to 30 Ha of Area (Chak) Outlets.

28. The detailed subproject components of Right Bank are presented in the following Table: 1 and the diagram of the same is also depicted in Figure: 1

Table 1: Components of the Subproject

Details of the Components and Capacity Sl. No Components of Subproject Required for this subproject 1. Rising Mains From Pump House to DC1

Underground Rising Main Pipeline of Diameter Alignment of Rising 2200 mm from Pumping Station to DC 1 in 1. Mains(Single) to DC1 of 2 Km Village Ramnagar up to a distance of near about length and 5 Meters Width 2 Kilometer and width of 5 meters. Access and Service Road of 6 Meter Width from Parallel Access and Service 2. Pumping Station to Distribution Chamber 1 in Road Village Barkhedi Umat. 7.22 cumecs 3. Total Flow Capacity

16045 Ha 4. CCA to be Covered from DC 1

2. Rising Mains From Pump House to DC2 A&B

Laying of underground Rising Main twin Pipeline Alignment of Rising Main of Diameter 2700 mm of 14 meter width from 1. (Double Lane) to DC2-A and Pumping Station to Distribution Chamber 2 A&B DC2-B of 3.5 km Length. to a distance of near about 3.5 Km. Parallel Access Road of 6 Meter Width will be Parallel Accessand Service constructed from Pumping Station to the 2. Road Distribution Chamber 2 A&B. The distance of

the access road may be near about 3.5 Km. 22.97 cumecs 3. Total Flow Capacity

51046 Ha 4. CCA to be Covered from DC2

Figure 1: Rising Main Alignment Diagram of KIP

29. In compliance with the applicable Government of India, State Government and ADB legal and policy framework, a Land Acquisition and Resettlement Plan (LARP)for these above mentioned components is prepared as per the availability of its detailed design. The LARP also comply with the Land Acquisition Framework (LAF) for the Project agreed between WRD and ADB. Subsequent Land Acquisition and Resettlement Plans will be prepared by the Contractor for other CCA and components of the Project. This subproject is considered as Category-B as per Involuntary Resettlement (IR) categorization is concerned.

B. General Profile of the Subproject Area

30. The subproject area lies in Mundi, Ramnagar and Banskhedi Villages in Jirapur Tehsil of Rajgarh District. Rajgarh District is located in the Northern part of Malwa Plateau. It forms the North Western part of Division of Bhopal Commissioner. It has a Quadrangular shape with the Northern and Western sides longer than the Southern and Eastern sides respectively. The zigzag boundaries of the District resemble a pear. The total Geographical area of the District is 6,154 Sq.km. having a population of 15,45,814 according to Census of 2011.

31. Rajgarh is one of the small Districts of Madhya Pradesh both in respect of area and population. The Composition of the Caste population indicates that there is 19.13% of Scheduled Caste population and 3.47% Scheduled Tribe population in Rajgarh District of Madhya Pradesh. There is a great representation of Other Backward Caste (OBC) in this District. This District has a Sex Ratio of 956 females for every 1000 males with a literacy rate of 61.21%. At present there is acute shortage of irrigation facilities in the District so the local population is able to take only one crop in a year.

C. Subproject Impacts and Benefits

32. The proposed pressurized pipeline will give long-term benefits of irrigation to the local population of the area. Once the project is completed they will be able to take two crops in a year, which will improve their economic condition. This subproject has many positive impacts on the local population of the area which will be benefitted immensely by this upcoming project.

33. Due to availability of water they will have an increased irrigation potential. The irrigation will be through underground-pressurized pipelines so there will not be any evaporation of water and that may prove to be a low maintenance scheme of irrigation. Once the benefitted population will be able to take two crops in a year they will have better living standards. Due to sustained availability of water there will be increased green cover in the area. The increased green cover in the area will help in conservation of the forest.

34. The Subproject area is mainly dependent on farming and therefore with the availability of irrigation facilities in the area the yield of the crop will be doubled and the quality of the grains will also improve. To sell the surplus grains there will be improved market facilities in the area. The availability of better marketing facilities in the adjoining areas will improve their economic condition resulting into better life style, status and in confidence building.

35. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social

10 benefits arising due to the subproject will be triggered off to improved irrigation potential and better market facilities, which will also open up wider work and opportunities for increased frequency of interaction with outsiders. This will increase the awareness level of the people in the villages with regard to their health and nutrition, lesser rate of mortality, value of education and proper utilization of available resources.

36. Due to their exposure with adjoining developed areas and interaction with the government, non-government and other development agents will help people to gain new knowledge on improved farming, land development, development and maintenance of natural resources through the formation of various economic and social development groups. All these developments in the area will open new horizons of their economic development and confidence building not only for them but even for the next generations.

D. Minimizing Land Acquisition

37. Efforts have been made through appropriate project design to minimize adverse social impacts and to reduce disruption of livelihood by restricting the improvements to make available government land as far as possible. Under the subproject, permanent land acquisition of private land of 5.32 ha will be there because of the laying of underground rising main from the pumping station to Distribution Chamber 1 and 2 A&B.

38. A parallel access road of 6 meters width is also proposed to be constructed from the pump station to DC 1 and DC 2-A&B for future maintenance of the project. Since laying of rising mains to Distribution Chambers and construction of parallel access roads will be permanent structures so the private land of 5.32 ha and Government Land of 3.88 ha has to be acquired permanently.

39. Therefore, total width of the affected area is considered to be 11 meters, inclusive of laying of single rising main of diameter 2200mm with access road of 6 meters from Pump House to DC 1 for a distance of 2 Km. Simultaneously 20 meters width of land has been kept for twin rising mains of diameter 2700 mm each with parallel access road of 6 meters to DC 2 A&B for a distance of 3.5 Km.

40. Though the above mentioned permanent structures will be requiring permanent land acquisition even then there will not be any physical displacement of the affected population as only 5.32 ha of private land of 35 DHs will be impacted. Whereas 3.88 ha of Government Land will be impacted. Efforts have been made through appropriate project design to minimize adverse social impacts and to reduce disruption of livelihood by restricting the improvements to make available the government land also as far as possible. There will be only partial impact on the properties of the affected households so there is no physical displacement of the affected population in this subproject.

E. Scope and Objectives of Preparation of Land Acquisition and Resettlement Plan (LARP)

41. The objective of this LARP is to assist the affected people to improve, if possible, or at least restore their living standards to the pre-project level. The document describes the magnitude of impact, mitigation measures proposed, method of valuation of land, structure and other assets, 11 eligibility criteria for availing benefits, baseline socio-economic characteristics, entitlements based on type of losses and tenure, the institutional arrangement for delivering the entitlements and mechanism for resolving grievances and monitoring.

42. Implementation of the Subproject will involve land acquisition of 5.32 ha of Private Land of 35 households but there will not be any physical displacement of the affected population. This LARP have been prepared on the basis of subproject survey findings and in consultation with various stakeholders.

43. The LARP comply with ADB Safeguard Policy Statement-2009 designed by ADB to protect the rights of the affected persons and communities. The issues identified and addressed in this document, are as follows:-

(a) Type and extent of loss of land / non-land assets, loss of livelihood, loss of common property resources and social infrastructure; (b) Impacts on vulnerable groups like poor, women and other disadvantaged sections of society including non-title holder DPs, (c) Public consultation and peoples participation in the subproject; (d) Existing legal and administrative framework and formulation of resettlement (e) Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses / income; (f) R&R cost estimate including provision for fund and; (g) Institutional framework for the implementation of the plan, including grievance redress mechanism, monitoring & reporting.

F. Methodology adopted for Socio-economic Survey

44. For preparation of LARP, Socio-economic survey was carried as 35 displaced households DHs) comprising a population of 193 DPs, are being affected due to construction of the components of this subproject. All the permanent structures are proposed to be constructed on Private and Government Land as mentioned in Table No.3 of this LARP.

45. The census survey includes the (i) Inventory of 100% losses of land and non-land assets, (ii) Categorization and measurements of potential loss, (iii) Physical measurements of the affected assets / structures, (iv) Identification of trees and crops, (v) Collection of information on household characteristics, including social, economic and demographic profile. In this Subproject private property of 35 displaced households, is being affected so Group Consultations were held with DPs, People’s Representatives, General Public, Women, Government Officials and the concerning Officials of L&T Construction.

46. To ensure peoples’ participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of farmers and prospects of resettlement, various sections of affected households and DPs were consulted through group consultations, individual interviews, formal and informal consultations.

III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Land Acquisition Requirement

47. The subproject components comprise of construction of 1. Rising Main Pipelines for supply of water from Pumping Station to DCs and 2. Parallel Service Roads for access to DCs for future maintenance of the project. All the components of this subproject may require permanent structures so the land has to be acquired permanently. The underground Rising Main of Diameter 2200 mm will be laid from the Pumping Station to Distribution Chamber 1 along with its parallel access road in 2.20 ha of land.

48. The other Rising Main of Twin Pipeline of Diameter 2700 mm each will be laid from Pumping Station to Distribution Chamber 2 A&B along with its parallel access road in 7.0 ha of land. The above mentioned components of this Subproject in all will require permanent structures in 9.20 ha of private and government land to be acquired permanently.

49. For construction of these components 5.32 ha of private land and 3.88 ha of Government land has to be acquired permanently. The alignment of Rising Main will be near about 2 Km in length and 5 meters in width along with access road of 6 meters from Pump House to Distribution Chamber 1 located on a nearby Hill in Village Barkhedi Umat.

50. The Twin Rising Main Pipeline and its parallel access road will be near about 3.5 Km in length and 20 Meter Width (Rising Main Width 14 M + Road 6 M = Total Width 20 Meters) from Pump House to Distribution Chamber 2 A&B located on a hill near Ramnagar Village. Therefore, the Rising Mains with their parallel access roads will be passing through three Villages Namely Mundi, Banskhedi and Ramnagar in District Rajgarh. The detailed land requirements for various components of this subproject are presented in Table: 2.

Table 2: Land Acquisition Requirements for the Subproject

Sl. No. Components Nature of Acquisition Area (in Ha) Rising Main Pipeline of Diameter 1 2200 mm from PH to DC1 and its Permanent 2.20 Access Road of 6 Meters Width Rising Main Twin Pipeline of 2 Diameter 2700 mm to DC2A&B and Permanent 7.0 its Access Road of 6 Meters Total 9.20

B. Resettlement Impacts

51. The land for all these permanent structures of this Subproject has to be acquired permanently which has been distributed in two categories that are private land and government land. The Rising Main with Access Road to Distribution Chamber 1 may require 2.20 ha of land and Rising Main with Access Road to DC 2 A&B will require 7.0 ha of land. Therefore total requirement of private and government land for this purpose will be 9.20 ha. For alignment of rising main and road 5.32 ha of private land has to be acquired permanently through negotiations if possible, as per the norms of ADB for Negotiation settlement of land.

52. The State Government of Madhya Pradesh has come up with a “Consent Land Purchase Policy’ 2013 for direct purchase of land through negotiations. In case of any negotiated settlement, an independent external party will be engaged by the EA, to document the negotiation and settlement processes as per ADB requirement of SPS 2009. In case of failure of any negotiations, the permanent land acquisition in this subproject context will be according to the process and provisions of RFCTLARR Act’2013. Since the land will be acquired compulsorily by this act so the Safeguard Requirement 2 of ADB SPS 2009 will be applicable on all the provisions of resettlement, to be implemented in this subproject.

53. There will be impact only on 5.32 ha of Private Land of 35 DHs and 3.88 ha of Government Land which needs to be acquired permanently. These 35 DHs comprise a population of 193 Displaced Persons. The details of ownership and the type of land is summarized in the following Table: 3

Table 3: Ownership of Land Affected in the Subproject

Permanent Temporary Total Sl. No. Type of Ownership Household (in Ha) (in Ha) (in Ha) 1 Private 35 5.32 0 5.32 1 Government 0 3.88 0 3.88 Total 0 9.20 0 9.20

C. Loss of Private Land in the Subproject

54. The rising mains total length will be nearly 2 km with a diameter of 2200 mm size of pipeline to DC1 and nearly 3.5 Km distance of twin rising main pipeline to DC 2-A&B of Diameter 2700 mm each. These underground rising main pipelines will be passing through 35 Displaced Households (DHs) of land in three Villages namely Mundi, Banskhedi and Ramnagar Villages. There will be alongside parallel access roads of 6 meters width from Pumping Stations to Distribution Chambers. The construction of these structures will involve permanent impact on the properties of the affected population which is 100% being used for Cultivation purposes.

55. The inventory of losses of the land and other assets for each affected household has been prepared based on the losses to be incurred due to construction of this Rising Main Pipeline subproject. Most of the losses are of permanent nature so may require permanent land acquisition and impacted properties will have to be duly compensated as per their Entitlement Matrix. The rising main pipeline and its parallel access road of 6 meters width will be passing through the private properties of 35 DHs having 193 DPs, residing in three Villages namely Mundi, Banskhedi and Ramnagar Village of District Rajgarh. The Private Land of 5.32 ha area to be impacted and its utilization has been indicated in following Table No.4

Table 4: Details of Affected Persons in the Subproject

Affected Affected Area S. No. Use of Land %HH Household Persons (in Ha) 1 Cultivation 35 193 5.32 100 Total 35 193 5.32 100

D. Loss of Structures in the Subproject

56. Due to subproject intervention, no residential or commercial land is being affected. There is no impact on any Community Property Resources (CPR) also which is being utilized by the local population of the affected area.

E. Loss of other Assets in the Subproject

57. Among other impacts, there are 13 Fruit bearing trees and 25 Non Fruit Bearing Tress and one kuchha well in Village Ramnagar will also be permanently impacted under this subproject. These impacts are due to the laying of rising main pipeline. However, the impacts will be permanent for which due compensation has to be paid for the loss incurred to them. The cash compensation has to be paid for all these losses for which the inventory of the losses has been prepared based on the physical survey of the area. Budget provisions have also been made for payment of compensation for the loss of the private structure like well, fruit bearing trees and other tress.

F. Loss of Livelihood in the Subproject

58. There will be impact only 5.32 ha of privately owned land of 35 DHs. Though it is a very negligible portion of land to be impacted even then loss of livelihood if any will, be compensated. Since there will be only partial impact on the properties of 35 DHs with no physical displacement so following measures will be taken to take care of their economic displacement:-

(a) Skill up-gradation training to DPs opted for (one member of the affected family) for income restoration.

(b) Preference in employment under the project, during construction and its implementation will be given to the economically DPs. 15

(c) The DHs will be given due Compensation of their acquired land, structures and trees. With the amount of compensation the DPs can develop their remaining land holdings so that there is more productivity of the crops.

(d) New avocations can be opted for by the DPs with the amount of compensation received of their impacted properties.

(e) Organizing Awareness Camps for DPs for imparting information regarding ongoing schemes of the Government and for proper utilization of the compensation amount for development of their remaining agricultural land so that the productivity of the land increases which will result into their economic upliftment.

(f) A consolidated amount of Rs. Five Lakhs has been included in the financial budget of this subproject for livelihood measures and skill development.

G. Intensity of Impact on Land Owners

59. The analysis of intensity of impact on the properties of DH’s indicates that out of total 35 displaced households, the properties of 31 households are being impacted less than 10% and only 4 household properties are impacted in between 11% to 25%. Therefore, there is partial impact on their total holdings of land. The intensity of land impact on 35 DHs has been presented in the following Table No. 5

Table 5: Intensity of Land Impact Table

Sl. No. Scale of Impact Household Person % HH 1 Up to 10% 31 168 88.57 2 Above 11% and Below 15% 4 25 11.43 Total 35 193 100.00

IV. ECONOMIC INFORMATION AND PROFILE

A. Census Socioeconomic Survey

60. The Census field survey enumerated all private assets / properties and common property resources within the proposed alignment of the rising main pipeline and its access road in three villages namely Banskhedi, Mundi and Ramnagar Villages located in Zeerapur Tehsil of District Rajgarh. For every Affected Household (AH), a pre-tested structured questionnaire was administered during the socio-economic survey and inventory of losses. The survey recorded details of (i) identification of the Displaced Households (DH); (ii) type, use and extent of losses of the AHs; and (iii) enumerating their losses based on their entitlement matrix

61. In addition to recording the above information, detailed socio-economic characteristics, including a demographic profile of members of the household, standard of living, inventory of physical assets, vulnerability characteristics, indebtedness level, health and sanitation, and ascertaining perceptions about project, resettlement options and compensation, was collected from all the impacted 35 displaced households. Details of Common Property Resources (CPR) within the alignment were also recorded.

62. The DPs are categorized in a single category only as the impact of loss of their properties is mainly of permanent nature in this subproject. Therefore the DHs and DPs are entitled to get compensation of their land holdings and other impacted structures as per their entitlement matrix.

B. Demographic Profile of Project Affected Households

1. Sex Ratio amongst the DPs

63. In this Project rising main pipeline is passing through the properties of 35 affected households. Therefore in all 35 surveyed displaced households, the re is 52.85% of male population and 47.15% of female population. Out of all 35 surveyed households the males in all the 35 AHs are heading the family and none of the female is heading any household in these three affected Villages of Zeerapur Tehsil of District Rajgarh.

Table 6 : All Displaced Persons by Sex Name of Mundi Banskhedi Ramnagar Total Percentage village Male 46 11 45 37 52.85 Female 39 14 38 26 47.15 Total 85 25 83 193 100.00

2. Household by Religion

64. 35 Households were also surveyed based on religion and the data analysis indicates that all 35 households are the followers of Hinduism. No Muslim or Christian families were found living in these three affected villages.

+ 17

Table 7 : Displaced Household by Religion Religion Mundi Banskhedi Ramnagar Total Percentage Hindu 18 4 13 35 100.00 Total 18 4 13 35 100.00

3. Household by Social Group

65. The Social Category of the AHs was also judged by the socio-economic survey, which indicates that there is majority of Other Backward Caste population, comprising 85.71% of the total population in these three villages. The Scheduled Caste representation is 14.29% but no ST Family and General Category was found amongst these 35 displaced households.

Table 8 : Household by Social Category Social Category Mundi Banskhedi Ramnagar Total Percentage General 0 0 0 0 0.00 Backward Caste 18 4 8 30 85.71 Scheduled Caste 0 0 5 5 14.29 Scheduled Tribe 0 0 0 0 0.00 Total 18 4 13 35 100.00

4. Household by Size of Family

66. Family of size 4-5 members account for 34.29% followed by 25.71% having 1-3 members in the family. There is 17.14% of families having 6-7 Members and 22.86% families are having more than 7 Members in the family.

Table 9 : Size of the household Family Size Mundi Banskhedi Ramnagar Total Percentage 1 to 3 Member 5 0 4 9 25.71 4 or 5 Member 8 2 2 12 34.29 6 or 7 Member 3 1 2 6 17.14 Above 7 2 1 5 8 22.86 Member Total 18 4 13 35 100.00

5. Age Group of DPs

67. 37.31% of DPs are in the age group of 21 years and below followed by 30.05% coming under age group of 22-35 years, followed by 14.51% coming under the age group of 36-50 years, 13.99% belonging to age group of 51-65 years and only 4.15 % DPs are more than 65 years of age. The analysis indicates that the life expectancy is not very high in these villages.

Table 10 : Age Group of Displaced Persons

Age Group Mundi Banskhedi Ramnagar Total Percentage Up to 21 32 10 30 72 37.31 Years 22 to 35 26 7 25 58 30.05 Years 36 to 50 16 3 9 28 14.51 Years 51 to 65 9 3 15 27 13.99 Years Above 65 2 2 4 8 4.15 Years Total 85 25 83 193 100.00

C. Socio-economic Profile

1. Educational level of DPs

68. The data analysis of educational level indicates that 7.25% of DPs are still not educated, followed by 70.47% who are only primary school passed, followed by 14.51% who are 6th to 8th Class passed, 3.63% are 9th to Class 12th passed. There are 3.63% DPs who are graduates followed by 0.52% who are post graduates and none are Diploma Holders.

Table 11 : Educational level of Displaced Persons Education Mundi Banskhedi Ramnagar Total Percentage Up to 5th 57 20 59 136 70.47 6th - 8th 12 2 14 28 14.51 9th - 12th 0 2 5 7 3.63 Graduate 1 1 5 7 3.63 P G / Diploma 1 0 0 1 0.52 None 14 0 0 14 7.25 Total 85 25 83 193 100.00

2. Occupation of DPs

69. The occupation of DP’s indicates that 39.38% are cultivators followed by 21.24% who are agricultural laborers, 35.23% are not in any work force and only 4.15% are salaried employees. Therefore majority of population belongs to agricultural sector either as land owner / cultivator or as agriculture laborers.

Table 12 : Occupation of Displaced Persons Occupation Mundi Banskhedi Ramnagar Total Percentage Salaried 3 2 3 8 4.15 Cultivators 37 8 31 76 39.38 Agricultural 19 4 18 41 21.24 Laborers Not in Workforce 26 11 31 68 35.23 Total 85 25 83 193 100.00

3. Income of Household

70. Household income of 71.43% affected population is above Rupees Rs7,000 per month followed by.11.43% having income of Rs 5,001 to 7,000 per month. 11.43% affected population having monthly income as Rs 3,001 to 5,000 per month followed by 5.71% having monthly income up to Rs. 3,000 per month.

Table 13 : Monthly Household Income of Displaced Households Income Mundi Banskhedi Ramnagar Total Percentage Up to 3000 1 0 1 2 5.71 3001 to 5000 3 0 1 4 11.43 5001 to 7000 1 0 3 4 11.43 Above 7000 13 4 8 25 71.43 Total 18 4 13 35 100.00

4. Impact to Vulnerable DH (mutually exclusive)

71. The vulnerable population was also assessed amongst 35 DHs. The weakest section representing 78.26% is Below Poverty Line (BPL) but there is no women headed household found amongst these 35 surveyed displaced households. There is near about 21.74% of SC population but no Scheduled Tribe population was found amongst these 35 DHs. The vulnerable status of DHs in the Project, which is mutually exclusive in the order of priority as presented in the following table is given below:

Table 14 : Vulnerable (mutually exclusive) Vulnerability Type Mundi Banskhedi Ramnagar Total Percentage Women headed household 0 0 0 0 0.00 Below Poverty Line 4 3 11 18 78.26 Scheduled Tribes 0 0 0 0 0.00 Scheduled Caste 0 0 5 5 21.74 Total Vulnerable 4 3 16 23 100.00

D. Key Socio-economic Indicators

72. The key socio-economic indicators established, based on the socio-economic survey carried out in the month of January and February’ 2019 presented in the following table. These indicators would form the baseline indicators that would be compared with the evaluation carried out by the independent external evaluation agency.

73. The data analysis of the socio-economic indicators represents that average monthly income of the family in Mundi Village is Rs.13,125, Banskhedi Village it is Rs16,667 per month and in Ramnagar Village it is Rs 8,846 per month in each family. There are 19 Earners in Mundi Village, 4 Earners in Banskhedi and 17 Earners in Ramnagar Village. 6 households are having separate kitchens in Mundi Village, 4 are in Banskhedi and 2 in Ramnagar Village. 4 households have separate toilets in Mundi Village, 4 in Banskhedi and only 11 households have separate toilets in Ramnagar Village. 7 households have separate bathrooms in Mundi Village, 4 in Banskhedi and 9 households have separate Bathrooms in Ramnagar Village.

74. There are 18 electric connections in Mundi Village, 4 in Banskhedi and 13 households have electric connection in Ramnagar Village. 18 households have Drinking Water facility in Mundi Village, 4 in Banskhedi and 13 households in Ramnagar Village have this facility. Only 5 households have LPG Gas connections in Mundi, 3 in Banskhedi Village and 12 LPG Gas Connection in Ramnagar Village. There are no women headed households found in any of the surveyed Villages. The family size of Mundi Village is 4.5. It is 1 in Banskhedi and 3.25 in Ramnagar Village. There are no Women headed households found in these three Villages. The overall analysis of the data indicates that existing facilities available with the local population is not indicative of good standard of living.

Table 15 : Key Socio-economic Indicators Indicator Mundi Banskhedi Ramnagar Total Monthly Family Income 13,125 16,667 8,846 38,638 Number of Earners 19.67 4.67 17.37 41.71 Permanent 1 1 1 3 Semi – Permanent 0 0 0 0 Temporary Houses 0 0 0 0 Having Separate Kitchen 6 4 2 12 Having Separate Toilet 4 4 11 19 Having Separate Bath 7 4 9 20 Having Electricity 18 4 13 35 Drinking Water HSC 18 4 13 35 LPG for Cooking 5 3 12 20 Family Size 4.5 1 3.25 8.75 Women Headed 0 0 0 0 Household

V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Public Consultations

75. In order to engage with the community and enhance public understanding about the Project and address the concerns and issues pertaining to compensation, rehabilitation and resettlement, individual interviews and meetings were undertaken amongst the various sections of affected households and people’s representative. The consultations with the APs and other stakeholders will continue throughout the LARP preparation and its implementation period.

B. Methods of Consultation

76. Consultations and discussions were held during socio-economic survey period with both primary and secondary stakeholders. The primary stakeholders include Project AHs / APs, project beneficiaries and implementing agency (MPWRD). The secondary stakeholder includes revenue officers and elected representatives of the local bodies.

77. During the socio-economic survey, Direct Consultations were held with the AHs, APs, Officials of District Administration Officials of PIU (MPWRD) and Elected Members of the Local Panchayats. The elected representatives of local bodies were also consulted regarding the perception of the Project. Besides this Group Consultation were also held in two phases.

Table 16: Consultation Methods

Stakeholders Consultation Method Affected Persons Group Consultations Local Communities Group Consultation Local Elected Members Individual interview, discussions Concerned Officials from Government Individual meeting /interviews, discussions General Public Consultation Meetings

78. In addition to the web disclosure of the draft LARP, detailed consultations regarding the extent of IR impact if any and the mitigation measures proposed in the draft LARP will be disclosed to the APs and general public through public meetings held along the project. The LARP disclosure meetings will be held to explain the contents and provisions of the draft LARP and obtain the feedback, suggestions and objections, if any, on the draft LARP and accordingly make suitable amendments/corrections before finalizing the LARP.

79. All relevant aspects of project design, details of impact to private properties were discussed with the local communities in Village Mundi and Ramnagar Village. A total of 70 persons (8 females and 62males) of Village Banskhedi and Mundi participated in Mundi Village and 33 persons (30 males and 3 females) took part in Consultations in Ramnagar Village. The date, venue, number of participants and the photographs are provided below. The issues and concerns raised during the consultations are summarized and provided in the following table:

Table 17: Consultation Locations Place Date Number of participants Mundi Village 22.11.2018 70 Participants of Mundi and Barkhedi Villages. Ramnagar Village 24.01.2019 33

Consultations with Affected Population and People’s Representative

C. Outcome of the Consultations

80. In this context consultations were carried out with Displaced Persons (DPs), local population and People’s Representatives to share the information about the Project and to record their concerns and feedback. From both direct and group consultations, it is noted that people are very well aware about the project as various surveys in the area have been going on but they are not aware of the extent of improvements of the proposed project and the likely impacts and benefits of the Project. The relevant information was provided to them by the Resettlement Specialist, Concerned Officers of PIU and the Officials of L&T Construction. 23

81. During Group Consultations with the displaced persons and People’s Representatives of the affected areas, they were imparted information regarding the project through modern techniques as well as using simplest methods by drawing the sketch of the project on the black board to make them understand even the minute details of the project, its impacts and benefits. During Consultations the Officials of PIU and Engineers of L&T Constructions explained them the technical aspects of the Project and Resettlement Specialist discussed with them, their entitlements matrix as per the applicable policies of the State, RFCTLARRA’ 2013 and SPS 2009 of Asian Development Bank (ADB).Ms. Laxmi Vishwakarma, Assistant Manageras anOfficial of PIU, MPWRD gave comprehensive technical details of the upcoming project and how the cooperation of the local population can play a very vital role in bringing manifold benefits of the project in the area of agriculture. The Resettlement Specialist present there also explained to the affected population about their Entitlement Matrix based on the inventory of their 100% losses being taken into account by the Census and Socio-economic survey team. Therefore the affected population should give all the details to the survey team so that their rights and privileges can be taken care of as per their entitlement matrix. .

82. Dev Singh Pawar, the Ex Sarpanch of Barkhedi Umat along with present Sarpanch Prem Bai Pawar of Barkhedi Umat took part in the Consultations. The present two Members of Panchayat (Panch) of Village Mundi namely Amar Singh Gurjar and Gordhan Singh and the Ex Sarpanch Badrilal Gurjar took active part in the consultations held on 22nd November’ 2018. Mr. Bheru Singh Gurjar the Ex Sarpanch of Village Khayayta and Banskhedi also participated in the Group Consultations. The other People’s representatives were also involved in public consultations and their perception about the proposed project was taken at length.

83. Mohanlal Sarpanch, Sarjan Singh Parmar and Vishnu Parmar of Gram Panchayat took part in Consultation held on 24th January’ 2019 in Village Ramnagar. The officials of District Administration were also present there. Man Singh Malviya and Ramchandra Verma were present as Nodal Officers of District Administration. Ms Laxmi Vishwakarma, Assistant Manager was present as an Official of PIU, MPWRD. She took active part in consultation with the affected population by explaining them the technical aspects of the project with its impacts and benefits in the long run. The interviews were conducted by the Resettlement Specialist who made the affected population aware about the upcoming Kundalia Irrigation Project.The local population is more than willing to render their 100% co-operation during implementation of the project as they know about the forthcoming benefits of the project.

Table 18: Summary of Consultation Outcome

Issues Discussions / Suggestion Mitigation Measures Proposed Prior Notice regarding The AP’s should be given APs will be given prior information at least 60 construction work to be prior notice before taking up days before starting the construction work. given to the Affected the Construction Work of the Due precautions will be taken so that no Population Subproject. harm is caused to the affected and the local population. Benefits should be Planning should be made in It will be ensured that the affected population extended to the such a manner so that the is given priority in extending the benefits of affected population as Local population should be the proposed project as per their entitlement per their entitlement. benefited by the Project. matrix.

Local Labor should be The local labor should be It will be ensured that the affected population given preference in the engaged / employed in the is given preference in hiring of casual labor construction work. Project related activities. for construction work undertaken by the Contractor. Home privacy, routine Home privacy, routine Due measures will be taken to ensure that activities and safety of activities, safety and security the privacy of women and girls should not be Women should be of women should not be disturbed due to the construction of the taken care of. disturbed due to construction Project. The Company will take due of the project. precautions in this regard. Though their lands will Despite the permanent The APs will be informed at least 60 days be permanently impacts on their properties before taking up the construction work in the acquired for the project prior information should be fields so that they can harvest their crops if work but prior given before they are reaped. They will be given all the information should be commencement of the work information regarding the impacts and given to them before so that APs can harvest their benefits of the proposed project. taking possession of crops before being the said land. damaged. Due entitlements to be The APs should be paid their It will be ensured that the Company will paid prior to the due entitlements before extend all their due entitlements as per the construction work. commencement of work. entitlement matrix of the affected population before starting the construction activities.

84. The consultations held on 22nd November’2018 in the first phase and in Village Ramnagar on 24th January’2019 in the second phase with affected population, General Public and the People’s Representatives to provide information about the proposed Project activities and expected impacts of the project and their concerns about the upcoming project. Other key stakeholders include representatives of government entities involved in the planning, design, implementation and operation of the Project, which includes PIU (MPWRD) and Revenue Department of GOMP.

85. The community consultations indicated that local population had been suffering acute shortage of water for drinking and irrigation purposes. Due to shortage of irrigation facilities, they are not able to take two crops in a year and the crop yields are also not up to their expectations. These factors have been the root cause of their low standard of living. The upcoming Project will open new horizons for them when they will be able to take two good yield crops every year. The 25 proposed Project will not only improve the standard of living of the APs but it will be a source of bringing over all development of the population living in the adjoining areas also.

86. Consultations and participation with DHs, DPs and People’s Representatives will further be held in future to ensure their understanding about the potential impacts of the Project on their livelihoods. To understand the perception and attitude of the people about the Project, detailed interviews, and group discussions have been developed and will be conducted by the Safeguard Resettlement Specialist with stakeholders in future implementation of the Project. This will bring very fruitful results when stakeholders will feel involved from the origination of the Project and even throughout the implementing stage. They will consider themselves to be a part of the proposed Project resulting into their 100% cooperation in its implementation. Their full-fledged cooperation will enhance the speed of the implementation of the Project.

D. Mitigation Measures to Address Community Concerns

87. The Contractor L&T Construction will fence the area and construction activity needs to be carried out within the construction limits only. The access roads will be made available for use of the community. Civil facilities will be provided to the community under the Project. The local community will be given priority in the labor work when need arises. Due measures will be taken for the safety of the women. Prior notice before taking up the work in the area will be intimated to the APs at least 60 days before the commencement of construction work. Safety measures will be adopted while construction of the project is going on. There will be sufficient light at the construction site and the adjoining areas also to take care of any unforeseen situation. During construction work the labors have been using helmet, gum boots and gloves for the safety purposes as per Company’s norms. They will be covered by a Group Insurance Scheme. There will be same wages for male and female laborers. When the trenches are made for Laying of the pipeline there will be some symbols indicating it to be a Danger Zone. There is a first aid box available at the construction site and there is a Medical Van also available at the construction site.

E. Conclusions of the Group Consultations

88. From both direct and group consultations, it is noted that people are well aware about the upcoming Project as various surveys have been going on and spread by word of mouth from each other. Despite this they were not aware of the extent of manifold benefits proposed and the likely impacts of the Project on the local population. In this Project there is mainly permanent impact on their properties and when the construction activities are over their land will be brought back to its pre project condition. Therefore the stakeholders are well aware of the fact that they will have some problems in the transition phase which is nothing in comparison to the benefits they will get from the Project. There is no resistance found amongst the affected population and the general public regarding the implementation of the Project instead there is great acceptance of the upcoming project.

89. Analysis of Project alternatives will be carried out in order to identify solutions that are economically and technically feasible while eliminating or minimizing the need for IR. In examining the trade-offs between alternatives, it is important to have a reasonable estimate of the numbers of people likely to be affected, and an estimate of the costs of resettlement. Particular attention

26 will be given to socio-cultural considerations, such as the cultural or religious significance of the land, the vulnerability of the affected population, or the availability of in-kind replacement for assets, especially when they have important intangible implications. In preparation of Land Acquisition and Resettlement Plan.

90. The Consultations held with DHs and DPs in two phases indicate that the stake holders are very supportive about the Project and are more than willing to undergo the impact on their properties for long-term benefits to be accrued by them through the KIP. The local population is very well aware of the benefits of the proposed project and are willing to render their 100% cooperation in the implementation of the project.

F. Plan for further Consultation in the Project

91. The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Subproject. Several additional rounds of consultations with APs will form part of the further stages of subproject preparation and implementation. The implementing Resettlement Specialist will be entrusted with the task of conducting these consultations during LARP implementation, which will involve disclosure on compensation, assistance options, and entitlement package and income restoration measures suggested for the subproject. The consultation will continue throughout the subproject implementation period. The following set of activities will be undertaken for effective implementation of the LARP:

(a) In case of any change in engineering alignment planning the APs and other stakeholders will be consulted in selection of pipe alignment for minimization of resettlement impacts, development of mitigation measures etc. (b) Together with the Resettlement Specialist, the PIU will conduct information dissemination sessions in the subproject area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation. (c) During the implementation of LARP, Resettlement Specialist will organize public meetings, and will appraise the communities about the progress in the implementation of subproject works, including awareness regarding pipeline laying as per the proposed alignment and other construction works. (d) Consultation and focus group discussions will be conducted with the vulnerable groups like Women, OBC, SC and ST population to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration. (e) To make reasonable representation of Women in the subproject planning and implementation they will be specifically involved in consultation process.

92. A Public Consultation and Disclosure Plan will be prepared by the PIU / Resettlement Specialist for the smooth and speedy implementation of the Subproject in the following format as mentioned below:

Table 19: Format for Public Consultation and Disclosure Plan

Responsible Proposed Activity Task Assigned Agencies

Public Notification Notify eligibility cut-off date for Major PIU Sons

Disclosure of LAP Translate LAP in Hindi and disclose at PIU PIU Office and Village Council

Distribution of R&R Prepare R&R information leaflet and PIU information leaflet distribute to APs

Internet disclosure of the LAP Post LAP / RP on ADB and / or EA ADB/PIU / RP website

Consultative meetings during Face to face meetings with APs PIU joint measurement survey Disclosure of updated LAP / Disclosure after joint measurement PIU RP survey

Internet disclosure of Updated LAP posted on ADB and/or EA ADB/PIU the updated LAP website

G. Information Disclosure

93. The EA will provide relevant LARP information, including information from the above mentioned documents in a timely manner, in accessible places such as PIU Office and Panchayat / Village Gram Sabha translated in local language, if necessary. LARP information will be disseminated to APs at various Stages. Information including magnitude of loss, detailed asset valuations, entitlements and special provisions, grievance rederssal procedures, timing of payments, displacement schedule, Civil works schedule will be disclosed during LARP implementation.

VI. GRIEVANCE REDRESS MECHANISMS (GRM)

94. There will be 35 DHs and 193 DPs to be affected due to this Subproject so looking into the present and future needs of proper resettlement of the affected population of the upcoming Irrigation Project as a whole, a GRM is proposed to be established to provide avenues for DHs / DPs to submit grievances that may arise from time to time. A two-tier GRM for the Project is proposed which has been outlined as below:-.

95. The first tier Grievance Redressal Cell (GRC) at Project or PIU level will comprise of:

i. Sub Divisional Magistrate (SDM), Revenue Department as Chairperson ii. Executive Engineer (EE), PIU (WRD) Office as Secretary of GRC iii. R&R Officer, PIU Level (WRD) iv. A representative from local NGOs or a local person of repute and standing in the Society or an Elected Representative from the locality. v. A representative from Displaced Persons.

96. The second tier GRC at District level will comprise of:

i. Project Director, PMU, WRD as Chairperson ii. Executive Engineer, PMU Level (WRD) as Secretary of GRC iii. R&R Officer at PMU Level, (WRD) at PMU Level iv. A representative from local NGOs or a local person of repute and standing in the Society or an Elected Representative/ Zila Parishad Member.

97. The GRC at PIU level will meet once every month during the implementation of RP, but if necessary more meetings will be called for as required to resolve a complaint. The Assistant Manager, PMU of project will act as the Secretariat of GRC, and will keep records of all complaints, such as: date of receiving complaint; meetings to resolve the complaint; action taken and date of communication sent to complainant. The contractor’s site office and PIU office will display notices indicating whom to contact if anybody has any grievance. The APs will be informed that they could submit grievances either to PIU office or to GRC Secretary, or the representative of APs. The GRC meeting will be at least convened once in a month, or as much as needed when grievances need to be resolved. The complaint/grievance will be redressed in one month’s time, and written communication will be sent to the complainant. The PIU will continually coordinate with the Secretary of GRC to record a complaint registered by GRC with details of complaints lodged, date of personal hearing, action taken, and date of communication sent to the complainant.

98. For the second tier GRC at District level, the EE, PMU Level will act as the secretary of GRC. The second tier will focus on finding resolutions for the complainants, and with time frame not more than 4 weeks. The second tier GRC is also expected to resolve a grievance that could not be resolved by the first tier GRC. This GRM is not substitute or part of the Land Acquisition Rehabilitation and Resettlement (LARR) authority; the complainants are free to approach the jurisdictional LARR Authority to have their grievance resolved. The complainant can access the 29 appropriate Land Acquisition Rehabilitation and Resettlement (LARR) Authority at any time and not necessarily go through the GRC.

99. Other than disputes relating to ownership rights and apportionment issues on which the LARR Authority has jurisdiction, the GRC will review grievances involving all resettlement benefits, relocation and payment of assistances. The GRM should be in place at the time when disclosure of the RP is initiated by WRD and should continue throughout the project implementation period.

100. The GRC will aim to provide a time-bound and transparent mechanism to voice and resolve social, environmental, and project related concerns linked to the project. The GRC is not intended to bypass the government’s inbuilt redressed process, nor the provisions of the statute, but rather it is intended to address APs concerns and complaints promptly, making it readily accessible to all segments of the APs, and is scaled to the risks and impacts of the Project.

Figure 2: An Overview of the Grievance Redress Mechanism

Complaints by individual Complaints by People’s DP, Groups, or institutions representatives: political, religious, community

Decision to be Stage-1 GRC taken within one Meeting at Project/PIU level month of receipt (Complaints to GRC in written form Simple of complaint

2 Months Stage-1 GRC Meeting at District Level

Decision to be Complex issues taken within one month of receipt of complaint Decision of Stage 2 GRC – Convey the decision to Public / Chairman and other members of Step 1GRC

GRC process ends

VII. LEGAL FRAMEWORK

A. Introduction

101. The legal framework and principles adopted for addressing resettlement issues in the subproject have been guided by the existing legislation and policies of the Government of India (GOI), the Government of Madhya Pradesh, Asian Development Bank and the Resettlement Framework (RF) adopted for the project. Prior to the preparation of the LARP, a detailed analysis of the existing national and state policies was undertaken and a RF has been prepared for the entire program. The section below provides details of the various national and state level legislations studied and their applicability within this framework. This LARP is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. A summary of applicable acts and policies is presented in the following paragraphs and the detailed policy analysis is provided in the RF.

B. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCT in LARR), 2013

102. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCT in LARR Act - 2013) has been effective from January 1, 2014 after receiving the assent of the President of Republic of India. The Act replaced the Land Acquisition Act, 1894.

103. The aims and objectives of the Act include: (i) to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the constitution of India, a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families; (ii) provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition; (iii) make adequate provisions for such affected persons for their rehabilitation and resettlement; (iv) ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their postacquisition social and economic status and for matters connected therewith or incidental thereto.

104. Section 27 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Section 31 of the Act specifies rehabilitation and resettlement award for the affected families and the entitlements are defined in the Schedule II and III. Under Schedule II various R&R assistance like house construction allowance, land development assistance, option for annuity and employment, subsistance grant, transport allowance etc. are made and under Schedule III it specifies various infrastructural facilities and basis minimum amenities to be provided at new resettlement site in case of project based relocation.

C. Legal and Policy Frameworks of Madhya Pradesh State:

1) “Madhya Pradesh Bhumigat Pipeline, Cable Avan Duct (Bhumi ki Upyokta ke Adhikaron Ka Arjan) Adhiniyam, 2012 (No. 5 of 2013)” – (To be referred as The Madhya Pradesh Pipeline Act, 2013)

RULES 105. Assessment of Compensation –

(1) The competent authority shall decide the loss of crop income, compensation of trees and other losses from the land mentioned therein for the period of laying of underground pipeline, cable or duct, in the following manner :-

(a) Any un irrigated land shall be considered as single cropped and irrigated land shall be considered as double cropped. If no crops are taken in last three years, the land shall be deemed as “fallow land” and the loss of crop income shall not be calculated for such land. In other cases, the loss of crop income shall be calculated as follows :-

Calculation of Standard Minimum support price = X X 2 crop income outcome of crop of crop

(2) In addition to the compensation as referred under rule (1), if any the compensation shall be payable at the rate of fifteen percent of market value of that land on the date of publication of the declaration under sub-section (1) of section 4.

(3) If the laying of underground pipeline, cable or duct is not completed within the stipulated period by the State Government or the Corporation, as the case may be, it shall be liable to pay the loss for such additional period which was taken beyond the stipulated period and also be liable for additional payment at the rate of five percent of the market value of that land.

D. The Madhya Pradesh Government Order No. F 12-2 / 2014 / 07 / 2A Dated 12.11.2014 regarding the ‘Consent Land Purchase Policy’.

106. For the development of the State, different infrastructures are being constructed for which the private land has to be acquired. The process of Land Acquisition is not only time taking but involves heavy financial cost also. To save this cost and time a consideration amount in lieu of impacted private properties is offered to the owner of the land and other properties attached to it. The main conditions of this Circular are as follows:-

1) This Policy is applicable only where there is a need to acquire Private Land for construction of permanent structures for the project.

2) This Policy of Land Purchase is not only cost effective but saves lot of time in Land Acquisition procedure.

3) A lump sum compensation / grant / consideration amount is being given to the affected household and his private properties are purchased by the Government with the mutual consent of the affected person or affected household.

4) If land is required for any developmental purposes the District Collector is approached for making such type of land available to the concerned Department. If suitable Government land is available for the purpose then the same land shall be transferred to the concerned Department. If such type of suitable Government land is not available for the purpose then the procedure of purchase of private land with mutual consent is adopted.

E. ADB’s Safeguard Policy Statement (SPS), 2009 107. The objectives of ADB's SPS (2009) with regard to involuntary resettlement are: (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups.

108. ADB's SPS (2009) covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of; (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary.

109. The three important elements of ADB’s SPS (2009) are: (i) compensation at replacement cost for lost assets, livelihood, and income prior to displacement; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to enhance, or at least restore, the livelihoods of all displaced persons relative to pre-project level standard of living.

F. Comparison of Government and ADB Policies

110. The new act ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, which has integrated provisions of National Rehabilitation and Resettlement Policy (2007) with that of The Land Acquisition Act (LAA) of 1894 (as amended in 1984), recognizes title holders and non-titleholders affected by land acquisition. Whereby, squatters and encroachers are excluded from the purview of the act.

111. RFCT in LARR Act – 2013 has come into effect from January 1, 2014. This Act is both complement the revision of the NRRP (2007) and decrease significantly the gaps between the LAA and ADB's SPS, 2009. The Act also expands compensation coverage of the principal act by 33 requiring that the value of trees, plants, or standing crops damaged must also be included and Solatium being 100% of all the amounts inclusive. The Act furthermore has match ADB requirements for all compensation to be paid prior to project taking possession of any land.

112. Therefore, the RFCT in LARR Act – 2013 has established near equivalence of the Government’s policies with those of ADB's SPS, 2009. Adoption of the below principles for the project has ensured that both are covered in their application to this project. A comparison of ADB and GOI policy and measures to fill the gaps is presented in the Table: 31.

Table 20: The Comparison of ADB and GOI Policy

Aspect ADB Safeguard Fair Compensation and Measures to Requirement Transference in Land Bridge the Acquisition, Rehabilitation and GAP Resettlement Act, 2013 1 Screen the Screen the project 4 (I) it is obligatory for the Screening of all project to identify past, appropriate Government intends to sub-projects in present, and future acquire land for a public purpose to line with the IR involuntary carry out a Social Impact checklist of resettlement Assessment study in consultation ADB, towards impacts and risks. with concerned Panchayat, enabling Conduct survey Municipality or Municipal identification of and/or census of Corporation, as the case may be, at the potential displaced persons, village level or ward level in the resettlement including a gender affected area. The Social Impact impacts and analysis, Assessment study report shall be associated specifically related made available to the public in the risks. to resettlement manner prescribed under section 6. 2 Consultation Carryout Whenever a Social Impact No gap with stake consultations with Assessment is required to be between SPS holders and displaced persons, prepared under section 4, the and establish host communities appropriate Government shall RFCTLARR. grievance and concerned ensure that a public hearing is held Act 2013 Given redress NGOs. Inform all at the affected area, after giving A project level mechanism displaced persons adequate publicity about the date, GRM will be of their time and venue for the public included. entitlements and hearing, to ascertain the views of resettlement the affected families to be recorded options and included in the Social Impact Assessment Report. The Land Acquisition Rehabilitation and Resettlement Authority shall be established in each State by the concerned State Government to hear disputes arising out of projects where land acquisition has been initiated by the State Government or its agencies.

Aspect ADB Safeguard Fair Compensation and Measures to Requirement Transference in Land Bridge the Acquisition, Rehabilitation and GAP Resettlement Act, 2013 3. Improve, or at Improve or restore The Collector having determined No gap least restore, livelihoods of all the market value of the land to be between SPS the livelihoods DPs through: (i) acquired shall calculate the total and FCTLARR. of all land-based amount of compensation to be paid Assets to be displaced, and resettlement to the land owner (whose land has compensated at payment at strategies; (ii) been acquired) by including all replacement replacement prompt assets attached to the land. cost without cost replacement of Livelihood losers are eligible for depreciation assets with access various rehabilitation grants. and other to assets of equal Livelihood or higher value, assistances and (iii) prompt income compensation at restoration full replacement measures will cost for assets that be included. cannot be restored, and (iv) additional revenues and services through benefit sharing schemes if possible. 4. Assistance for Provide physically Schedule I, provides market value No gap displaced and economically of the land and value of the assets between SPS persons displaced persons attached to land. Schedule II and FCTLARR. with needed provides R&R package for land Entitlement assistance owners and for livelihood losers Matrix outlines including landless and special compensation provisions for Scheduled Tribes. and assistance for DPs. 5. Improve Improve the Special provisions are provided for No gap standard of standards of living vulnerable groups. between SPS living of of the displaced and FCTLARR. displaced poor and other vulnerable vulnerable groups, Entitlement groups including women, Matrix outlines to at least national assistance for minimum vulnerable standards groups. 6. Negotiated Develop FCTLARR only apply in case of Provisions Settlement procedures in a land acquired/purchased for PPP outlined in ADB transparent, projects and for Private SPS will be consistent, and Companies. Section: 2. (2), and 46. followed for the equitable manner if project. land acquisition is 35

Aspect ADB Safeguard Fair Compensation and Measures to Requirement Transference in Land Bridge the Acquisition, Rehabilitation and GAP Resettlement Act, 2013 through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status 7. Compensation Ensure that Non-titleholders on acquired land Provisions For non-title displaced persons area is only included but not clear outlined in ADB holders without titles to about non-titleholders in existing SPS will be land or any govt. land followed for the recognizable legal project. rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. 8. Requirement Prepare a Preparation of Rehabilitation and No gap of RP resettlement plan / Resettlement Scheme including between SPS indigenous time line for implementation. and FCTLARR. peoples plan Section: 16. (1) and (2). elaborating on RP will be displaced persons’ Separate development plans to be prepared for entitlements, the prepared. Section 41 subprojects with income and impact. livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule. 9. Public Disclose a draft Under clause 18, the In addition to disclosure resettlement plan, Commissioner shall cause the the publishing including approved Rehabilitation and of the approved documentation of Resettlement Scheme to be made resettlement

Aspect ADB Safeguard Fair Compensation and Measures to Requirement Transference in Land Bridge the Acquisition, Rehabilitation and GAP Resettlement Act, 2013 the consultation available in the local language to plan, the RF process in a timely the Panchayat, Municipality or includes manner, before Municipal Corporation. As the case provision for project appraisal, may be, and the offices of the disclosure of in an accessible District Collector, the Sub- the various place and a form Divisional Magistrate and the documents and language(s) Tehsil, and shall be published in the pertaining to RP understandable to affected areas, in such manner as implementation. displaced persons may be prescribed and uploaded on and other the website of the appropriate stakeholders. Government. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders 10. Cost of Include the full 16. (I) Upon the publication of the No gap resettlement costs of measures preliminary notification under sub- between SPS proposed in the section (/) of and FCTLARR. resettlement plan section 11 by the Collector, the Cost of and indigenous Administrator for Rehabilitation and resettlement will peoples plan as Resettlement shall be covered by part of project’s conduct a survey and undertake a the EA. costs and benefits. census of the affected families, in For a project with such manner and within such time significant as may be Prescribed, which shall involuntary include: (a) particulars of lands and resettlement immovable properties being impacts and / or acquired of each affected family; (b) indigenous livelihoods lost in respect of land peoples plan, losers and landless whose consider livelihoods are primarily dependent implementing the on the lands being acquired; (c) a involuntary list of public utilities and resettlement Government buildings which are component of the affected or likely to be affected, project as a stand- where resettlement of affected alone operation. families is involved; (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and (e) details of any common property resources being acquired' 11. Taking over Pay compensation 38 (I) The Collector shall take No gap possession and provide other possession of land after ensuring between SPS 37

Aspect ADB Safeguard Fair Compensation and Measures to Requirement Transference in Land Bridge the Acquisition, Rehabilitation and GAP Resettlement Act, 2013 before resettlement that full payment of compensation 2009 and Payment of entitlements before as well as rehabilitation and FCTLARR. compensation physical or resettlement entitlements are paid economic or tendered to the entitled persons displacement. within a period of three months for Implement the the compensation and a period of resettlement plan six months for the monetary part of under close rehabilitation and resettlement supervision entitlements listed in the Second throughout project Schedule commencing from the implementation. date of the award made under section 30. 12. Monitoring Monitor and 48 (I)The Central Government may, For project, assess whenever necessary for national or monitoring resettlement inter-State projects, constitute a mechanism and outcomes, their National Monitoring Committee for frequency will impacts on the reviewing and monitoring the follow ADB SPS standards of living implementation of rehabilitation and based on of displaced resettlement schemes or plans categorization. persons, and under this Act. whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

G. R&R Policy Framework for the Subproject

113. Based on the above analysis of Government provisions and ADB policy, the following resettlement principles are adopted for this Project:

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

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

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

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

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

(f) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement1 to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

1 ADB SPS 2009 (Safeguards Requirements 2) does not apply to negotiated settlements. The policy is encourages acquisition of land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with affected persons, including those without title to assets. A negotiated settlement will offer adequate and fair price for land and/or other assets. Also, an independent external party will be engaged to document the negotiation and settlement processes. In cases where the failure of negotiations would result in expropriation through eminent domain or the buyer could acquire the property regardless of its owner’s decision to sell it or not, will trigger ADB’s involuntary resettlement policy. The Safeguard Requirements 2 will apply in such cases, including preparing a resettlement plan. 39

(g) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for all compensation, relocation and rehabilitation measures, except land. .

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

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

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

(k) Pay compensation and provide other resettlement entitlements before physical or economic displacement if any. Implement the resettlement plan under close supervision throughout project implementation.

(l) Monitor and assess resettlement outcomes, their impacts on the standard of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

(m) It is proposed to follow the provisions of Pipeline Act 2013 also because KIP relates to mainly Pipeline Project. Though the implementation of this Pipeline Act 2013 is possible only if there is mainly temporary impact on the properties of the affected population. But if there is permanent impact on their properties due to construction of permanent structures then the land has to be permanently acquired by following RFCTLARRA’ 2013.

(n) But before going into long and time taking procedure of permanent Land Acquisition, efforts should be made to follow the provisions of “Consent Land Purchase Policy” vide GOMP order dated 12.11.2014 in which the required land is purchased by the Government with the Mutual Consent of the affected person. But if the negotiations fail for the purchase of land with mutual consent then the procedure of permanent LAQ has to be followed as per RFCTLARR Act’ 2013.

(o) Regarding the eligibility of compensation, all APs will be provided with compensation and rehabilitation grant if their land is adversely affected, houses partially or fully demolished, and other properties such as crops, trees and other facilities or access to these properties will be damaged due to the project. Lack of legal documents of their customary rights of occupancy/titles shall not affect their eligibility for compensation. It also must be noted that during the project implementation stage, if there are any changes in the alignments, there by

adversely affecting the land, livelihood or other assets of the people, the same shall be compensated in keeping within the applicable framework.

(p) The framework stipulates payment of compensation as per the assessed value of the land and structure to the APs. In addition to compensation payments made by Land Acquisition Officer / competent authority, the APs will receive additional assistance in cash or kind to match replacement costs, which is the difference between the market value and the assessed value, if any, for lost assets (land and houses), transaction costs such as stamps / registration costs (in case of purchase of replacement land) and other cash grants and resettlement assistance such as shifting allowance, compensation for loss of work days / income due to dislocation. Female-headed households and other vulnerable households (such as Scheduled Tribes/Scheduled Castes, disabled, elderly) will be eligible for further cash assistance for relocation and house reconstruction provided they are permanently affected and displacement becomes inevitable..

(q) The Entitlement Matrix lists various types of losses, identification / eligibility and entitlements and provides basic parameters for preparation of compensation and resettlement benefits. The matrix would apply to additional subprojects, based on the specific project impacts.

H. Valuation of Assets

114. The valuation of affected land and structures will be governed by the following process:

115. Land surveys for determining the payment of compensation would be conducted on the basis of updated official records and ground facts. The land records containing information like legal title, and classification of land will be updated expeditiously for ensuring adequate cost compensation and allotment of land to the entitled displaced persons. In cases of areas, where official land records don’t exist, formal land/property boundaries of private property owned by the tribal households can be determined through the process of community consultation and discussion with village head and village council members. Based on such information, land can be classified and land record can be updated and compensation assessment can be made. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of RFCT in LARR Act, 2013. The owner of such land/property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the District.

116. The methodology for verifying the replacement cost for each type of loss will be as per the provision made in the RFCT in LARR Act -2013. But before going into lengthy and time taking procedure of LAQ it is advisable to negotiate with owner of the required land to sell his land to the Concerned Government Department following the principle of “Consent Land Purchase Policy” vide GOMP Circular dated 12.11.2014. But if negotiations fail with the owner of the required land then the land has to be acquired by RFCTLARR Act 2013.

1. Valuation of Land

117. The District Collector/Deputy Commissioner shall determine the market value of the land with assessment of (a) the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) the consented amount of compensation as agreed upon, whichever is higher.

118. Where the market value as per above section (1) cannot be determined for the reason that: (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or(b) the registered sale deeds or agreements to sell for similar land are not available for the immediately preceding three years; or(c) the market value has not been specified under the Indian Stamp Act, 1899; the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the Price calculated in the manner specified in the above section (1) in respect of similar types of land situated in the immediate adjoining areas.

119. The market value calculated as per above section (1) shall be multiplied by a factor of (a) 1 (one) to 2 (two) in rural areas based on the distance of project from Urban Area as notified by the Government of Madhya Pradesh; and (b) one in urban areas.

120. Solatium amount equivalent to 100% of the market value calculated on the basis of above (1 or 2) x 3.

Hence: The cost of land in rural areas = X + 100% of X, The cost of land in urban areas = X + 100% of X Where X = Market Value as determined above x 1 to 2.

2. Valuation of Building and Structure

121. The District Collector/Deputy Commissioner in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired shall use the services of a competent engineer or any other Specialist in the relevant field, as may be considered necessary by him. The cost of buildings will be estimated based on updated Basic Schedule of Rates (BSR) as on date without depreciation. Solatium of 100% will be added to the estimated market value of the structure as per the provision of RFCT in LARR Act 2013. For valuation of structure/building following parameters should be taken into account:

(a) From where they used to buy materials (b) Type of shops (Private or State-owned) (c) Distance to be traveled (d) Sources (local or foreign) and the cost of various materials

(e) Who will build the structures (owner or contractor) and whether they will use the hired labor or their own labor (cost of labor will be considered); (f) Obtaining cost estimates by meeting at least three contractors/suppliers in order to identify cost of materials and labor (g) Identifying the cost of different types of houses of different categories and compare the same with district level prices.

3. Valuation of Trees

122. Compensation for trees will be based on their full replacement cost. The District Collector/Deputy Commissioner for the purpose of determining the market value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, Horticulture, Sericulture, or any other field, as may be considered necessary by him.

123. Even after payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. In case of any structures not removed by the DPs in stipulated 60 days period, a notice to that effect will be issued intimating that DPs can take away the materials so salvaged within 48 hours of their demolition; otherwise, the same will be disposed by the project authority without giving any further notice.

124. Trees standing on the land owned by the Government will be disposed of through open auction by the concerned Revenue Department/ Forest Department. DPs will be provided with an advance notice of three months prior to relocation. Further, all compensation and assistance will be paid to DPs at least 60 days prior to displacement or dispossession of assets.

125. For temporary impact on land and common property resources, any land required by the project on a temporary basis will be compensated in consultation with land owners and will be restored to previous status or better quality. Implementation issues can be found in the Entitlement Matrix.

VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS

A. Introduction

126. This subproject will have 35 DHs as 5.32 ha of private land and 3.88 ha of Government land will be impacted due to construction of permanent structures like Rising Mains of 2200 and 2700 mm diameter going to3Distribution Chambers and their access roads as mentioned in Table 3 involving permanent acquisition of Private and Government Land. However, there will not be any physical displacement under the subproject because only 5.32 ha or private land of 35 displaced household will be impacted along with 3.88 ha of Government Land is also being impacted. This section deals with the entitlement provisions as per the anticipated impacts for the upcoming Kundalia Micro Irrigation Project.

B. Cut-off-Date for Entitlement

127. In case of land acquisition, the date of publication of preliminary notification for acquisition under section 11 of the RFCT in LARR Act – 2013 will be treated as the cut-off date. For non- titleholders, the cut-off date will be the end of the census survey which is 4th February’2019 in this subproject. The cut-off date for non-titleholders will be officially declared by the IA along with the disclosure of RP and additionally notified in the project area through newspaper and communicated to DPs during consultation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to subproject implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction.

C. Subproject Entitlement

128. At present 5.32 ha of Private Land and 3.88 ha of Government Land will be affected permanently so entitlement of compensation of all the affected private properties as per their entitlement matrix will be paid as mentioned in LAP/RP of the subproject. The provisions of the entitlements of the project as a whole will also be followed in letter and spirit in phases according to the upcoming subprojects of KIP-Right Bank. In accordance with the R&R measures outlined in the project Resettlement Framework, all displaced households and persons will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights on lost assets and scope of the impacts including socio-economic vulnerability of the displaced persons and measures to support livelihood restoration if livelihood impacts are envisaged. The displaced persons will be entitled to the following five types of compensation and assistance packages:

(a) Compensation for the loss of land, crops / trees at their replacement cost; (b) Compensation for structures (residential / commercial) and other immovable assets at their replacement cost; (c) Assistance in lieu of the loss of business / wage income and income restoration assistance; (d) Assistance for shifting and provision for relocation site (if required), and (e) Rebuilding and/ or restoration of community resources / facilities.

D. Loss of land

129. Loss of land will be compensated at replacement cost plus refund of transaction cost (including land registration cost, and stamp duties) incurred for purchase of replacement land. If the residual plot(s) is (are) not viable, i.e., the DP becomes a marginal farmer, three options are to be given to the DP, subject to his acceptance which are (i) The DP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired, (ii) Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the EA, the EA will acquire the residual plot and pay the compensation for it and (iii) If the DP is from vulnerable group, compensation for the entire land by means of land for land will be provided if AP wishes so, provided that land of equal productive value is available. The replacement of land option will be considered by the District Collector while acquiring land wherever feasible alternate land is available. All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

130. The compensation measures suggested in this RP based on the LARR Act -2013, which includes, market value, solatium, transition cost, interest in case of delay along with other assistance items aligns with the criteria of replacement cost of the assets.

E. Loss of Structures

131. Loss of Structures will be compensated at replacement value with other assistance to both titleholders and non-titleholders. The details of entitlement will be as:

(a) Compensation for structure at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation.

F. Loss of livelihood due to loss of primary source of income

132. Loss of livelihood if any will be compensated through rehabilitation assistances. There are various categories of entitled persons under this category which are (i) titleholders losing income through business, (ii) titleholders losing income through agriculture, (iii) non-titleholders losing primary source of income. Details of entitlements for the above categories are described below:

(a) Skill up-gradation training to DPs opted for (one member of the affected family) income restoration. (b) Preference in employment under the project during construction and implementation.

G. Loss of trees and crops

133. Loss of trees and crops will be compensated by cash compensation. The entitlements to the DPs losing trees and crops will be:

(a) Advance notice to harvest crops, fruits, and timbers. 45

(b) Compensation for standing crops in case of such loss, based on an annual crop cycle at market value (c) Compensation for trees based on timber value at market price, and compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

H. Additional assistance to vulnerable households

134. Vulnerable households include BPL, SC, ST, WHH, disabled, elderly and non-titleholders will be paid with special assistance as detailed below.

(a) One time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other. (b) Receive preference in income restoration training program under the project. (c) Preference in employment under the project during construction and implementation. (d) Access to basic utilities and public services.

I. Loss of community infrastructure/common property resources

135. This will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community.

J. Temporary Impacts

136. Temporary impacts on agricultural land due to plant site for contractor etc will be eligible for cash compensation for loss of income potential including:

(a) Any land required by the Project on a temporary basis will be compensated in consultation with the landholders. (b) Rent at market value for the period of occupation (c) Compensation for assets at replacement cost (d) Restoration of land to previous or better quality (e) Location of construction camps will be fixed by contractors in consultation with Government and local community. (f) 60 Days advance notice regarding construction activities, including duration and type of temporary loss of livelihood. (g) Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss. (h) Any unanticipated impacts due to the subproject will be documented during the implementation phase and mitigated based on provision made in the Entitlement Matrix of this Resettlement Plan.

K. Entitlement Matrix

137. An Entitlement Matrix has been developed, that summarizes the types of losses and the corresponding nature and scope of entitlements; and is in compliance with National Laws and

ADB SPS-2009 (refer to Table 32).All compensation and other assistances2 will be paid to all DPs prior to physical or economic displacement. After payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. The cost of salvaged materials will not be deducted from the overall compensation amount due to the DPs. A notice to that effect will be issued intimating that DPs can take away the materials.

Table 21: Entitlement Matrix

S.N. Type of Application Definition of Compensation Policy Implementation Responsible Loss Entitled Person Issue Agency Land 1-a Loss of Agricultural Legal titleholders/  Compensation at  Compensation District private land land3, Family with replacement cost or accounts for all Collector/Deputy homestead traditional land-for-land where taxes and fees, Commissioner 4 land or titleholders feasible.5If land-for-land and does not shall determine vacant plot the market value is offered, titles will be account for any of the land and in the name of original depreciation. multiply by the landowners.  Vulnerable factors and add  One time Resettlement households will 100% solatium allowance6 of Rs. be identified as specified in 50,000 per affected during the LARR Act. PIU family7 census. will ensure  Each affected family  Re-titling to be provision of shall be eligible for completed prior notice. PIU will verify the extent choosing one time to project of impacts assistance option from: completion through a 100% (i) Where jobs are  For option of survey of APs, created through the choosing job determine project, employment for created through assistance, and

2 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Displaced people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access. 3 The LARR, 2013 Act says no irrigated multi cropped land shall be acquired under this Act, except in exceptional circumstances, as a demonstrable last resort. Wherever such land is acquired, an equivalent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security. Such costing shall also reflect while preparing Resettlement Budget. 4 Traditional land rights refer to households with customary rights to land, and shall be treated equivalent to titleholders. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 defines “Forest Dwelling Scheduled Tribes” as the members or community of the Scheduled Tribes who primarily reside in andwho depend on the forests and forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. The act provides right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement or rehabilitation prior to the 13th of December 2005. 5 Including option for compensation for non-viable residual portions. 6 The LARR Act–2013 specifies that each affected family shall be given one time Resettlement Allowance of Rs.50,000/- only. 7 Faily iludes a perso, his or her spouse, ior hildre, ior rothers ad ior sisters dependent on him. Widows, divorcees and women deserted by families shall be considered separate family. An adult of either gender with or without spouse or children or dependents shall be considered as a separate family – as defined under LARR Act–2013. 47

at least one member of project, job will identify the affected family with be paid at living vulnerable suitable training and wage and households. skill development in the monitored by required field; or (ii) CSC. One-time payment of Rs. 500,000 per affected family.  Displaced families8belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households 1-b Loss of Agricultural Tenants and  Compensation for  Land owners PIU will confirm private land land, leaseholders rental deposit or will reimburse land rental and homestead (whether having unexpired lease (such tenants and ensure tenants land or written amount will be leaseholders and vacant plot tenancy/lease deducted from the land rental leaseholders documents or not / compensation of land deposit or receive Sharecroppers owners). unexpired reimbursement  Displaced families lease for land rental belong to Scheduled  Vulnerable deposit or Caste (SC) and households will unexpired lease, Scheduled Tribe (ST) be identified and report to will receive additional during the PIU. PIU will one-time Rs. 50,000 census. ensure provision as subsistence of notice. allowance  Additional assistance to Vulnerable Households 2-a Loss of Vacant plot, Leaseholders  Compensation for  Vulnerable PIU will ensure Government Agricultural rental deposit or households will provision of land land, unexpired lease (such be identified notice and homestead amount will be during the identify land vulnerable deducted from the census. households. compensation of the lessee).  Displaced families belong to Scheduled

8Displaced family" as defined by the LARR Act–2013, means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area. According to ADB SPS-2009, displaced persons are 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 restrictions on land use or on access to legally designated parks and protected areas. Thus, under this RF, the subsistence allowance is applicable for all affected families losing land irrespective of their nature of physical or economic displacement.

Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households 2-b Loss of Vacant plot, Non-Title  At least 60 days  As per ADB PIU will ensure Government Agricultural Holders/Squatters9, advance notice to shift SPS-2009, all provision of 10 land land, Encroachers from occupied land. NTH are notice. homestead  Notice to harvest considered as PIU will identify land, RoW vulnerable vulnerable standing seasonal of road households. households. crops and compensation.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance  Additional assistance as Vulnerable Households Residential Structures11 3-a Loss of Residential Legal titleholders Each affected family  Compensation District residential structure shall be eligible for accounts for all Collector/Deputy structure and other Family with choosing one time taxes and fees, Commissioner 12 assets traditional land right assistance option from: and does not shall determine the market value (i) Replacement account for any of the structure cost of the depreciation. and add 100% structure and  Vulnerable solatium as other assets (or households will specified in part of the be identified LARR Act. structure and during the Valuation other assets, if census. committee will remainder is  Wherevers DPs verify viable) without opt for self- replacement value. PIU will depreciation; construction, or verify the extent land and of impacts (ii) In Rural area, structures will through a 100% the displaced be survey of AHs family will be compensated at determine provided with the assistance,

9Squatters are those who have no recognizable rights on the land that they are occupying. 10 Encroachers are those who build a structure which is in whole or is part of an adjacent property to which he/she has no title. 11Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 12 Other assets include, but is not limited to walls, fences, sheds, wells, etc. 49

option of replacement verify and constructed cost identify house as per  Assessment of vulnerable Indira viability of households. AwaasYojana remaining specifications in structure will be lieu of cash made in compensation; consultation (iii) In Urban area, with DPs the displaced family will be provided with the option of constructed house of minimum 50 sq. m. plinth area in lieu of cash compensation.  Fees, taxes, and other charges related to replacement structure.  Right to salvage materials from structure and other assets with no deductions from replacement value.  One-time Resettlement allowance of Rs. 50,000 per affected household  One time financial assistance of Rs. 25,000 to the families losing cattle sheds for reconstruction  All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.

 Additional assistance to Vulnerable Households 3-b Loss of Residential Tenants and  Replacement cost of Land/structure Valuation residential structure leaseholders part/whole of structure owners will committee will structure and other constructed by the reimburse tenants verify assets tenant/leaseholder and leaseholders replacement value. PIU will without depreciation, rental deposit or verify the extent and this will be unexpired lease. of impacts deducted from the through a 100% compensation amount Vulnerable surveys of AHs of the owner. households will determine  Compensation for be identified assistance, rental deposit or during the verify and unexpired lease. census. identify  Right to salvage vulnerable households. materials (of the portion constructed by tenants or leaseholders) from structure and other assets  One time Resettlement allowance of Rs. 50,000 per affected family  One time financial assistance of Rs. 25,000 to the families losing cattle sheds for reconstruction.  All displaced families will receive one time Shifting assistance of Rs. 50,000 towards transport costs etc  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households 3-c Loss of Residential Non-Title Holders/  Replacement cost of Vulnerable PIU will verify residential structure Squatters, structure constructed households will the extent of structure and other Encroachers by the squatter without be identified impacts through assets depreciation a 100% survey of AHs 51

 Right to salvage during the determine materials from census. assistance, structure and other verify and assets identify vulnerable  One time Resettlement households. allowance of Rs. 50,000 per affected family  All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households Commercial Structures 4-a Loss of Commercial Legal titleholders  Replacement cost of  Compensation Valuation commercial structure the structure and other accounts for all committee will structure and other Family with assets (or part of the taxes and fees, determine assets traditional land right structure and other and does not replacement value. PIU will assets, if remainder is account for any verify the extent viable) without depreciation. of impacts depreciation through a 100%  Fees, taxes, and other  Vulnerable survey of AHs charges related to households will determine replacement structure. be identified assistance,  Right to salvage during the verify and materials from census. identify structure and other vulnerable households. assets with no deductions from replacement value.  One time Resettlement allowance of Rs. 50,000 per affected family  One time financial assistance of Rs. 25,000 to the families losing shop for reconstruction of shop.

 All physically displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households 4-b Loss of Commercial Tenants and  Replacement cost of Land/structure Valuation commercial structure leaseholders part/whole of structure owners will committee will structure and other constructed by the reimburse tenants determine assets tenant/leaseholder and leaseholders replacement value. PIU will without depreciation, land rental verify the extent and this will be deposit or of impacts deducted from the unexpired lease. through a 100% compensation amount survey of AHs of the owner. Vulnerable determine  Compensation for households will assistance, rental deposit or be identified verify and unexpired lease. during the identify  Right to salvage census. vulnerable households. materials (of the portion constructed by tenants or leaseholders) from structure and other assets  One time Resettlement allowance of Rs. 50,000 per affected family  All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional 53

one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households 4-c Loss of Commercial Non-Title  Replacement cost of Vulnerable PIU will verify commercial structure Holders/Squatters, structure constructed households will the extent of structure and other Encroacher by the squatter without be identified impacts through assets depreciation during the a 100% surveys of AHs  Right to salvage census. determine materials from assistance, structure and other verify and assets identify  One time Resettlement vulnerable allowance of Rs. households. 50,000 per affected family  All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.  Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.  Additional assistance to Vulnerable Households Livelihood 5 Loss of Livelihood Legal titleholder  One time financial Vulnerable PIU will verify livelihood losing business/ assistance of minimum households will the extent of commercial Rs. 25,000. be identified impacts through establishment  Skill up-gradation during the a 100% survey of AHs training to APs opted census. Family with determine

traditional land right for (one member of the assistance, affected family) income verify and Commercial tenant restoration. identify  Preference in vulnerable Commercial employment under the households. leaseholder project during construction and For Agricultural Employee in implementation. laborer (long commercial timer) Only  Monthly Subsistence establishment those who are in allowance of Rs. 3,000 fulltime / Agricultural laborer for one year (total Rs. permanent (long term) employment of

36,000) from the date the land owner Artisans of award will be eligible  Displaced families for this Squatters belong to Scheduled assistance. Seasonal Caste (SC) and agricultural Scheduled Tribe (ST) laborers will not will receive additional be entitled for one-time Rs. 50,000 as this assistance. subsistence allowance.  Additional assistance to Vulnerable Households

Trees and Crops 6 Loss of Standing Legal titleholder  Advance notice to  Harvesting prior PIU will ensure trees and trees and harvest crops, fruits, to acquisition provision of crops crops Family with and timbers. will be notice. Valuation traditional land right  Compensation for accommodated Committee will undertake standing crops in case to the extent Agricultural tenant/ valuation of possible leaseholder of such loss, based on standing crops, an annual crop cycle at  Work schedules perennial crops Sharecroppers market value will avoid and trees, and  Compensation for trees harvest season. finalize Non-Title Holders based on timber value  Seasonal crops compensation at market price, and will be given at rates in Squatter compensation for least 60-day consultation with perennial crops and notice. If notice APs. fruit trees at annual net cannot be product market value given, multiplied by remaining compensation productive years; to be for standing determined in crops will be consultation with the compensated at Forest Department for market value. timber trees and the  Market value of Horticulture trees/crops has Department for other to be trees/crops. determined. Vulnerable 7 Impacts on All impacts Vulnerable APs  One time lump sum Vulnerable PIU will verify vulnerable assistance of Rs. households will the extent of APs 25,000 to vulnerable be identified impacts through households. This will during the census a 100% surveys of AHs be paid above and over and determine the other assistance implementation of assistance, provided in items 1-a, project. verify and 1-b, 2-a, 2-b, 3-a, 3-b, identify 3-c, 4-a, 4-b, 4-c, and vulnerable 5. households.

 Receive preferential in The PIU with income restoration support from the training program under CSC and 13 the project. NGO will conduct a  Preference in training need employment under the assessment in project during consultations construction and with the implementation. displaced  Access to basic utilities persons so as to and public services develop appropriate income restoration schemes.

Suitable trainers or local resources will be identified by PIU and NGO in consultation with local training institutes. Temporary Loss 8 Temporary Land Legal titleholders  Any land required by Assessment of Valuation loss of temporarily the Project on a impacts if any on Committee will land14 required for Family with temporary basis will be structures, assets, determine rental sub-project traditional land right compensated in crops and trees value and construction duration of consultation with the due to temporary construction landholders. occupation. survey and  Rent at market value consultation with for the period of Site restoration. APs. PIU will occupation ensure  Compensation for compensation is assets at replacement paid prior to site cost being taken- over by  Restoration of land to contractor. previous or better Contractor will 15 quality . be responsible  Location of for site construction camps will restoration. be fixed by contractors in consultation with

13When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation 14Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 15 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose.

Government and local community. 9 Temporary Legal  60 days advance  Identification of Valuation disruption of titleholders, notice regarding alternative temporary Committee will livelihood non-titled construction sites to continue determine income Aps activities, economic activity. lost. Contractors will including duration perform actions to and type of minimize disruption. income/access  Cash assistance loss. based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss consistent with the EMP.16 Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.17 Common Resources 10 Loss and Common  Communities  Replacement or Follow ADB SPS PIU and temporary resources restoration of the Contractor. impacts on affected community common facilities – including resources public water stand posts, public utility posts, temples, shrines, etc. Other 11 Any other   Unanticipated PIU will finalize loss not involuntary impacts will the entitlements in identified be documented during line with ADB’s the implementation SPS, 2009. phase and mitigated

16 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time. 17For example assistance to shift to the other side of the road where there is no construction. 57 based on provision made in the RF.

IX. RELOCATION, INCOME RESTORATION AND REHABILITATION

A. Basic Provision for Relocation

138. There will be permanent impact on the properties of the affected population of 35 displaced households even then no physical displacement will be involved in this Subproject because the impact on their properties will be partial only. Due measures will be taken to take care of any situation which may arise at the later stages also. The EA will provide adequate and appropriate replacement land and structures if available or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The EA will compensate to the non- titleholders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the subproject area prior to the cut-off date. There will not be any displacement of population in this Subproject but in case of any physical displacement, the EA will provide:

(a) relocation assistance, better housing at resettlement site*s with comparable access to employment and production opportunities, and civic infrastructure and community services as required; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) Opportunities to derive appropriate development benefits from the subproject such as direct employment, engagement as petty contractor, supplying raw materials etc.

B. Income Restoration and Rehabilitation

139. The impact of the Subproject will be permanent as it involves the construction of permanent structures like Rising Mains and parallel access road from Pumping Station to Distribution Chambers. The private land of 5.32 ha, has to be acquired for these permanent structures. For the purpose of cost estimate, the unit rate for agricultural land has been estimated on the basis of latest official rate and prevailing market value assessment during census survey. However, the actual compensation for land at replacement cost will be determined by the Land Valuation Committee (LVC) headed by District Collector as prescribed in the LAF.

140. There will be partial impact on the private properties of the affected households for which they will get due compensation as per their entitlement matrix. They can develop the remaining part of land with the compensation amount which they will get against the loss of their impacted land. Therefore there will not be loss of their 100% livelihood as their wards can start some small trades by investing the money they will get as compensation of the land due to permanent acquisition of their land. Even then due measures will be taken to take care of any unforeseen circumstances.

141. The entitlement proposed for the Subproject has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain pre-project level standard of living. To restore and enhance the 59 economic conditions of the DPs, certain income generation and income restoration programs are incorporated in the RP. To begin with providing employment to the local people during the construction phase will enable them to benefit from the subproject, reduce the size of intrusive work forces and keep more of the resources spent on the subproject in the local economy. It will also give the local communities a greater stake and sense of ownership in the subproject.

142. Among specific rehabilitation measures, capacity building of all the economically displaced persons will be carried out by the subproject authority. The Resettlement Specialist(RS) to be engaged for implementation of RP will identify the eligible and most suitable candidate from the family by carry out training need assessment and prepare micro plan for rehabilitation of DPs. The RS will impart training to the selected/eligible DPs for income restoration and skill up- gradation as per the micro plan. The EA will also provide opportunities to displaced persons to derive appropriate development benefits from the subproject. The vulnerable DPs will be given preference in availing employment opportunities in subproject construction work. The women headed households if any also will be taken care of in a case to case basis and the RS will help them in forming Self-help Groups (SHGs), establish linkages to available credit facilities, imparting special trainings, and linking them with ongoing govt. schemes. Budget for training in terms of assistance is provided to DPs losing livelihoods and the RS will either organize training programs or link the DPs to various ongoing training schemes.

143. The objective of the R&R package included in the subproject entitlement matrix is to support the DPs to improve or at least restore the livelihoods. The livelihood loss for land loser is only partial as they are losing a strip of land retaining rest of land to continue their livelihood. In case of business loss will also be easily restored by the DPS with the help of R&R assistance provided under the Subproject. The specific measure provided under the entitlement matrix of this RP is listed below.

 Vulnerable households will receive preferential in income restoration training program under the project.  Vulnerable households will have preference in employment under the project during construction and implementation.  Project will ensure access to basic utilities and public services by vulnerable households

144. In this subproject there will be permanent requirement of the land as permanent structures like rising main and their access road will be constructed on 5.32 ha of private land and 3.88 ha of government land. The permanent land acquisition of private properties will be very negligible so there will not be any displacement of the population who need not to be resettled to a new destination. The DPs will not be losing their place of residence and business so it will not require alternate housing facility or provision of any settlement site for them. It will not adversely affect their business also so restoration of their income may not be a problem for them. Instead the proposed project will give them assured irrigation benefits enabling them to have at least two crops in a year.

145. Income restoration assistance if need to be provided, will be compensated. The RR implementing authority should make sure that this payment of cash assistance should be used

60 only for the purpose intended. Otherwise the risk here is that, instead of using cash for their resettlement, the affected persons may divert it to uses that are least able to assist in restoring their previous standard of living. To help prevent such use, cash assistance can be deposited in a joint bank account in the joint names of the husband and wife and the borrower’s project resettlement officer that requires all of their signatures for withdrawals.

146. Other non-land income-generating options should also be considered, based on a realistic assessment of potentials through market, Social, and financial feasibility analysis. The wards of the APs should be encouraged to take up ITI Courses in the adjoining Government run Industrial Training Institutes (ITI’s). After taking such trainings they can start their self-employment avocations. As it is pressure on agriculture land is increasing day by day as the number of family members is increasing in every generation but the area of the land holding is still the same. Taking up some other job avenues by the younger generation will be for the betterment of their families as it will reduce the extra pressure on the agriculture land.

C. Provisions for Loss of Livelihood

147. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the EA will promptly compensate for the loss of income or livelihood sources at full replacement cost. The EA will also provide assistance such as credit facilities, training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-project level standard of living. The implementing Resettlement Specialist (RS) will prepare the micro plan with specific income restoration activities for each DP.

148. In cases where land acquisition affects commercial structures, affected business owners are entitled to:

(a) the costs of re-establishing commercial activities elsewhere; (b) the net income lost during the transition period; and (c) the costs of transferring and reinstalling plant, machinery, or other equipment.

149. Business owners with legal rights or recognized or recognizable claims to land where they carry out commercial activities are entitled to replacement property of equal or greater value or cash compensation at full replacement cost. Non-titleholder households losing business structure and livelihood will be compensated for the structure loss and receive transitional assistance as well. The EA will ensure that no physical displacement or economic displacement will occur until:

(a) compensation at full replacement will be paid to each displaced person for subproject components or sections that are ready to be constructed; (b) other entitlements listed in the resettlement plan have been provided to displaced persons; and (c) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods. 61

D. Additional Support from Ongoing Poverty Reduction Programs

150. In addition to Subproject-sponsored programs, the implementing RS will play a proactive role to mobilize DPs to get benefits from various government schemes and ensure their accessibility particularly of vulnerable groups. In India, Panchayat Government Systems at the village, block and district levels are now responsible for planning and implementation of all anti- poverty programs funded by the central and state governments. The implementing RS will work with the Panchayat Governments to make available to the DPs benefits of some of the ongoing pro-poor programs for poverty reduction.

X. LAND ACQUISITION BUDGET AND FINANCING PLAN

A. Introduction

151. The land acquisition cost estimate for this subproject includes compensation for loss of land, loss of structure and loss of trees as per their impacts and eligibilities.

B. Compensation Payment

152. Private Land: The private land of 5.32 ha, has to be acquired for Laying of Rising Main Pipeline along with access / service road. For the purpose of cost estimate, the unit rate for agricultural land has been estimated on the basis of latest official rate and prevailing market value assessment during census survey. However, the actual compensation for land at replacement cost will be determined by the Land Valuation Committee headed by District Collector as prescribed in the LAF.

153. Compensation for Trees: For cost estimate in LARP for affected private trees enumerated during the census survey, a lump sum rate of Rs. 15,000/- for fruit bearing trees and Rs. 3000/- for non fruit bearing trees has been considered based on the market assessment. There are13 fruit bearing trees, 25 non fruit bearing private trees which may come in the alignment of the rising main pipeline and access road.

154. Livelihood Resources: A provision of lump sum amount of Rs. Five Lakhs has been made in the budget for skill development and livelihood resources.

C. Compensation for Community Property Resources

155. There will be impact only on 3.88 ha of Government Land. No Community Property Resources are to be impacted due to the alignment of this subproject.

156. The required Public/Government land will be transferred in the name of WRD by respective departments and therefore not included in the resettlement cost.

D. LAP Implementation and Support Cost

157. The WRD has decided to hire Resettlement Officer / Expert for implementation of RR activities. The implementation support cost including Hiring of Resettlement Specialist, conducting public consultation, grievance redress cost etc. will be borne by administrative expenses of WRD. A 5% contingency has been added in order to adjust any cost escalation during subproject implementation.

E. Sources of Funding and Fund Flow Management

158. The cost related to permanent land acquisition and resettlement will be borne by the Executive Agency (EA) MPWRD. The EA will ensure allocation of funds and availability of resources for smooth implementation of the subproject R&R activities. The EA will, in advance, 63 initiate the process and will try to keep the approval for the R&R budget in the fiscal budget through the ministry of finance in GOMP. In the case of assistance and other rehabilitation measures, the EA will directly or through the Contractor pay the money or any other assistance as stated in the LAP to DPs. The implementing Resettlement Expert / Specialist will be involved in facilitating the disbursement process and rehabilitation program. The cost estimate for the LAP implementation of this Subproject is Rs.7.12 Million.

Table 22: Estimated Budget for Implementation of the LAP

Sl. No. Item Unit Rate Amount A Compensation for Land in Ha/Rs in Rupees Compensation of Private Land (For Rising Main of 2200 mm diameter 1 to DC1 and Rising Main of 2700 mm 5.32 (Ha) 550000 2926000 diameter to DC2 along with parallel access road of 6 meters width) 100% Solatium for Permanent Private 2 Properties Land Acquisition of above 2926000(Rs) 100% 2926000 mentioned structures Subtotal A 5852000 B Compensation for Livelihood Number Rupees Compensation for Livelihood and Skill 1 Development of 35 Displaced Lump sum 500000 500000 Household Subtotal B 500000 C Compensation for Trees & Wells Number Rupees 1 Fruit Bearing Tree 13 15000 195000 2 Non Fruit Bearing Trees 25 3000 75000 3 Private Wells 1 150000 150000 Subtotal C 420000 Total (A+B+C) 6772000 Contingency (5%) 338600 GRAND TOTAL 7110600

XI. INSTITUTIONAL ARRANGEMENTS AND CAPACITY DEVELOPMENT

A. Institutional Requirement

159. For implementation of LAP of the Project there will be a set of institutions involved at various levels and stages of the subproject. For successful implementation of the LAP the proposed institutional arrangement with their role and responsibility has been outlined in this section. The primary institutions, which will be involved in this implementation process, are the following:

(a) Project Implementation Unit (PIU)/ Project Management Unit (PMU)

(b) Land Valuation Committee (LVC)-Section 26 of the RFCTLARR Act-2013 defines the method by which market value of the land shall be computed under the proposed law. A Land Valuation Committee is formed under the Chairmanship of the concerned District Collector to assess the prevailing market value of the land. Based on this Collector’s Guideline is published based on a multiple of market value.

(c) Village Level Committee (VLC)- It is the duty of Gram Sabha to perform not only functions of fixing accountability over the Panchayat but, also to make it an executive body with separate standing Village Level Committees (VLC) entrusted with several functions for overall development of the Village. The VLC will provide correct data and information from project formulation stage, assist the project team in redressal of grievances and to implement the project smoothly. Besides this arranging proper community participation.

(d) District Level Grievance Redress Committee

(e) PIU Level Grievance Redress Committee

B. Executing Agency

160. The Executing Agency (EA) for the Project is the Ministry of Water Resources, Government of Madhya Pradesh, and the Implementing Agency (IA) is Water Resources Department, GOMP. The existing Branch Office at Zeerapur Tehsil Head Quarter has already been established which will be the PIU/PMU. This office will be functional for the whole Subproject duration. EAs will be supported by the Construction and Supervision Consultant (CSC) to ensure timely and effective implementation of LAP/RP.

C. Land Acquisition Management at PIU/PMU

161. PIU/PMU headed by a Project Director (PD) responsible for the overall execution of the subproject. The PD will be responsible for (i) overall implementation of R&R activities according to the RP and equally responsible for land acquisition and R&R activities in the field; (ii) ensure availability of budget for R&R activities; (iii) liaison with district administration for support for land acquisition and implementation of R&R. 65

162. The PIU/PMU will appoint/depute one full-time Manager level official as the Resettlement Officer (RO) for the entire duration of resettlement activities, with relevant experience in land acquisition and resettlement issues. The PIU will maintain all data base and work closely with DPs and other stakeholders. Based on regularly updated data, a central database will also be maintained by PIU.

163. The PIU/PMU officials and RO will require to enhance their capacities in R&R implementation. The staff will undergo an orientation and training in resettlement management at the beginning of the project. The capacity development training inputs would include ADB resettlement policy and principles to be followed by the R&R expert from PPTA or CSC. The training activities will focus on issues concerning (i) principles and procedures of land acquisition, (ii) public consultation and participation, (iii) entitlements and compensation disbursement mechanisms, (iv) Grievance Redressal, and (v) monitoring of resettlement operation. The training would specifically focus on the differences between provisions of ADB policy and the relevant country laws. The awareness of these differences and the need to follow the provisions of the ADB *Policy are critical for successful implementation of the RP.

164. The RO will work closely with the District Collector to expedite the payments of compensation for land acquisition and assistance to DPs. The RO will be assisted by the other support staff and CSC expert for planning and implementation of resettlement activities in the subproject. Some of the specific functions of the PIU with regard to resettlement management will include:

(a) Overall responsibility of implementation and monitoring of R&R activities in the Project; (b) Ensure availability of budget for R&R activities; (c) Liaison lined agencies support implementation of R&R; (d) Coordinating with line Departments. (e) Translation of RP in local language; (f) Liaison with district administration for dovetailing government’s income generating and developmental programs for the DPs; (g) Ensure the inclusion of those DPs who may have not been covered during the census survey; (h) facilitate the opening of accounts in local banks to transfer assistance to DPs, and organize the disbursement of Cheque for assistance in the affected area in public; (i) Monitor physical and financial progress on land acquisition and R&R activities; (j) Participate in regular meetings in GRC; and (k) Organize monthly meetings to review the progress on R&R.

165. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in following Table 23

Table 23: Agencies Responsible for Resettlement Implementation Key Agency Responsibility EA (WRD)  Make final decision on pipelines alignment to be included under the project  Overall responsibility for project design, feasibility, construction and operation and guide PIU

Key Agency Responsibility  Ensure that sufficient funds are available to properly implement all agreed social safeguards measures  Ensure that all subprojects comply with the provisions of ADB’s SPS 2009 and GOI’s policies and regulations  Submit semi-annual safeguards monitoring reports to ADB Project  Disseminate project information to the project affected community Implementation with assistance from DPR Consultant Units/PMU  Ensure establishment of Grievance Redress Committee at the district level for grievance redress with assistance from DPR Consultant  Approve LAP prepared by DBO contractor

 Disclosure of project information in public spaces and through relevant media.  Disseminate project information to the community in coordination with DPR Consultants  Facilitate the socioeconomic survey and census  Facilitate consultation by the civil works contractor with community throughout implementation  Oversee land acquisition and coordinate with Deputy Commissioner  Supervise the mitigation measures during implementation and its progress  Conduct internal monitoring and prepare reports DBO Contractor  Recruit R&R staff and establish LA team/unit. The team leader should have experience in R7R preparation and implementation based on the Government of India and ADB requirement  Undertake consultations involving community and DPs  Prepare due diligence report if no land acquisition  Prepare LAP in accordance to the LAF, and obtain approval of LAP from PIU/PMU prior implementing payment to DPs  Encourage community/ DPs to voluntarily participate during the implementation  Consult community and PIU regarding location of construction camps and sign agreement with titleholder for temporary use of land and restore the land to equal or better condition upon completion  Pay compensation for temporary acquisition for laying pipeline based on LAP  Commence construction only when alignment is free of encumbrance  Respond in a timely fashion to recommendations from GRCs District level officials  Provide any existing socioeconomic information, maps and other related information to DPR Consultant prior to the field data/information collection activities.  Act as the local focal point of information dissemination  Execute land acquisition process Community Based  Ensure the community participation at various stages of the project Organizations  Coordination with stakeholder organizations  Assist in Monitoring of the project 67

Key Agency Responsibility Village Level  Provide correct data and information from project formulation stage Committee  Assist the project team in redressal of grievances and to implement the project smoothly  Arrange proper community participation ADB  Review RF and due diligence / RP and endorse or modify the project classification  Review planning documents and disclose the draft and final reports on the ADB’s website as required  Monitor implementation through review missions  Provide assistance to the EA and IA of subprojects, if required, in carrying out its responsibilities and for building capacity for safeguard compliance  Monitor overall compliance of the project to ADB SPS

D. Capacity Building on RP in the EA

166. Water Resources Department of Government of Madhya Pradesh is a fully owned Department of the Ministry of Water Resources, Government of Madhya Pradesh. WRD has required experience in planning and managing land acquisition and R&R activities. The WRD has already established a PIU headed by Executive Engineer who will be acting as the Project Director and will be supported by a Resettlement Officer (RO) for dealing with the land acquisition and resettlement for the subproject.

167. All concerned staff both at head office and field level involved in land acquisition activities will undergo an orientation and training in ADB resettlement policy and management. Broadly, the training will cover various topics such as (i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and Compensation & assistance disbursement mechanisms; Grievance redress; and (iv) Monitoring of resettlement operations. These will be covered through a formal workshop by the consultant under the ongoing technical assistance program. The specific components under the training will cover the following:

(a) Understanding of the ADB Policy Guidelines and requirements and differences between country policy and laws (b) Understanding of the policy and procedure adopted for the Subproject (c) Understanding of the Implementation Schedule activities step-by-step (d) Understanding of the Monitoring and reporting mechanism (e) Understanding of the economic rehabilitation measures

XII. IMPLEMENTATION SCHEDULE

A. Introduction

168. Implementation of LAP mainly consists of compensation to be paid for affected land, structures and rehabilitation and resettlement activities. The time for implementation of LAP will be scheduled as per the overall subproject implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. The EAs and PIU will ensure that no physical or economic displacement of displaced 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; (ii) other entitlements listed in the resettlement plan are provided to the displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by adequate budget, if any, should be in place to help displaced persons, improve, or at least restore, their incomes and livelihoods.

169. If the detailed design for pumping station, rising man, and distribution chamber will be revised during detailed design, the updated LAP will need to be prepared by the DBO contractor and submit for approval by Government and ADB. The updated LAP will be disclosed prior to implementation. Public consultation, monitoring will be undertaken routinely throughout the subproject duration. However, the schedule is subject to modification depending on the progress of the subproject activities.

B. Monitoring and Reporting Period

170. As mentioned earlier the monitoring will be the responsibility of PIU will start early during the subproject when implementation of LAP starts and will continue till the complementation of the subproject. Keeping in view the significant involuntary resettlement impacts, an external monitoring and reporting expert will be hired for the subproject.

R&R Implementation Schedule for Rising Main

S. 2018 2019 2020 Activity N. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 1 Identifications of DPs

2 Conduct socioeconomic survey, census

3 Prepare social safeguard documents

4 ADB and Government approval of RPs

5 Appointment of Resettlement Officer

6 Land Acquisition

7 Payment of Compensation

8 Relocate houses, shops, businesses

9 Income Restoration (if required)

10 Issue Notice for Start of Civil Work 11 Civil works 12 Grievance Redressing

13 Consultations with DPs

14 Internal Monitoring

XIII. MONITORING AND REPORTING

A. Need for Monitoring and Reporting

171. Monitoring and reporting are critical activities in resettlement management in order to ameliorate problems faced by the DPs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing ongoing inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going. In other words, monitoring apparatus is crucial mechanism for measuring subproject performance and fulfillment of the subproject objectives.

B. Monitoring by PIU

172. One of the main roles of PIU will be to see proper and timely implementation of all activities in LAP. Monitoring will be a regular activity for PIU and Resettlement Officer at this level will see the timely implementation of R&R activities. PIU will prepare monthly reports on the progress of LAP Implementation. PIU will collect information from the subproject site and assimilate in the form of monthly report to assess the progress and results of LAP implementation and adjust work program where necessary, in case of delays or any implementation problems as identified. This monitoring will form parts of regular activity and reporting on this will be extremely important in order to undertake mid-way corrective steps. The monitoring by PIU will include:

(a) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual DP database maintenance, and progress reports; (b) socio-economic monitoring: case studies, using baseline information for comparing DP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and (c) Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the displaced persons. Monitoring reports documenting progress on resettlement implementation and RP completion reports will be provided by the PIU for review and approval from ADB.

C. Monitoring Indicators

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

(a) Process indicators including subproject inputs, expenditures, staff deployment, etc. (b) Output indicators indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc and 71

D. Reporting Requirements

174. PIU is responsible for implementation of the Land Acquisition and Resettlement Plan will prepare monthly progress reports on resettlement activities and submit quarterly reports to ADB. All the LA-monitoring reports will be disclosed to DPs as per procedure followed for disclosure of resettlement documents by the EA. The monitoring reports will also be disclosed on ADB’s website.

Annexure 1 : Summary of Affected Persons and Common Property Resources MAIN PIPE LINE, PIPE DIAMETER – 2200 mm from Pump Station to DC-1

Sl.No. PLOT NAME OF OWNER Village TYPE OF Affected Fruit Other Affected NO (Right Bank - DC 1) LAND Area Trees Trees Well 1 45 Govt. Mundi Govt. 0.22 2 45/2/3 Mangilal ,S/o-Nathu Mundi Pvt. 0.18 3 98/3/1 Hiralal, S/o-Uda Mundi Pvt. 0.13 4 Sujan singh ,S/o-Vijay 0.14 98/3/2 Mundi Pvt. singh 5 98/1/ Govt. Mundi Govt. 0.06 6 Gourilal and 0.13 1 98/2 Mundi Pvt. Gangaram 7 98/6/ Ratan , S/o-Gopal Mundi Pvt. 0.15 8 96 Govt. Land Mundi Govt. 0.01 9 95 Govt. Land Mundi Govt. 0.33 10 150 Govt. Land Mundi Govt. 0.19 11 150/2 Narayan ,S/o-Bapu Mundi Pvt. 0.17 12 329 Govt. Land Mundi Govt. 0.04 13 151 Govt. Hill Mundi Govt. 0.45

Annexure 2 : Summary of Affected Persons and Common Property Resources MAIN PIPE LINE, PIPE DIAMETER – 2700 mm from Pump Station to DC-2

Sl.No. PLOT NAME OF OWNER Village TYPE OF Aff Fruit Other Affected NO (Right Bank - DC 2) LAND Area Trees Trees Well 1 45/1 Govt. (Badali) Mundi Govt. 0.4 2 105 Narayan singh ,S/o- Mundi Pvt. 0.1 1 Pannalal 3 105 Kalu singh,S/o-hazarilal Mundi Pvt. 0.1 1 3 4 106 Govt. Mundi Govt. 0.8 5 106 Hiranand,Dayanand S/0- Mundi Pvt. 0.2 2 Karan singh 6 106/5/1 Kesharilal,S/o-Pannalal Mundi Pvt. 0.2 1 5

7 115/1 Govt. Mundi Govt. 0.1

8 117 Laxminarayan ,S/o- Mundi Pvt. 0.28 1 Tarvar singh 9 118 prem singh ,S/o- Tarvar Mundi Pvt. 0.3 1 singh 10 130 Sultan singh ,S/o-Tarvar Mundi Pvt. 0.32 3 singh 11 135/108 Nirmal Kumar Devkaran Mundi Pvt. 0.56 ,S/o-Vijaysingh 12 133/1/1 Dayanand S/o Karan Mundi Govt. 0.32 Singh, Caste-Gurjar 13 69 Shyamlal,prem Ramnagar Pvt. 0.28 2 panalal,Kalu verma,mangilal suthar 14 68 Ratanlal prajapati & Ramnagar Pvt. 0.88 2 Gangaram S/o-Aman Chamar, Pura S/o Nathu, RamNarayan S/o Gangaram 15 67 Ram singh ,S/o- Ramnagar Pvt. 0.3 2 gangaram 16 18 Phul singh & Shiv lal,S/o- Ramnagar Pvt. 1 Mangilal, Banesingh s/o- Kuccha Bapu, Bhanwar Lal, Bhagirath S/o Bheru, 0.78 Banesingh S/o Bapu 16 18 Shivlal S/o Mangilal Ramnagar Pvt. 11 2

17 20/1/1. Govt. Ramnagar Govt. 0.46

18 21 Govt. Ramnagar Govt. 0.4

Annexure 3 : Collector Rates of Agriculture Land of Affected Villages of Tehsil Jeerapur, District Rajgarh