Resettlement Plan December 2015 IND: Bihar New Ganga Bridge Project Prepared by Bihar State Roads Development Corporation Limited, Government of India for the Asian Development Bank. CURRENCY EQUIVALENTS (As of December 2015) Currency Unit – Indian Rupee (INR) INR 1.00 = 0.015 USD USD 1.00 = INR 65.97 ABBREVIATIONS ADB – Asian Development Bank BSR – Basic Schedule of Rates DC – District Collector DP – Displaced person EA – Executing Agency GOI – Government of India GRC – Grievance Redressal Committee IA – Implementing Agency IAY – Indira Awaas Yojana IPP – Indigenous Peoples Plan LA – Land acquisition DLAO – District Land Acquisition Officer RFCT in LARR – The Right to Fair Compensation and Transparency in Land Act, 2013 Acquisition, Rehabilitation and Resettlement Act, 2013 LVC – Land Valuation Committee MORTH – Ministry of Road Transport and Highways NGO – Nongovernment organization NHA – National Highways Act, 1956 NRRP – National Rehabilitation and Resettlement Policy, 2007 PD – Project Director PIU – Project implementation unit R&R – Resettlement and rehabilitation RO – Resettlement Officer ROW – Right-of-way RP – Resettlement plan SC – Scheduled caste SH – State highway SPS – Safeguard Policy Statement ST – Scheduled tribe This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CONTENTS EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Introduction 1 B. Project Description 1 C. General Profile of the Project Area 2 D. Project Component 3 E. Project Impacts and Benefits 4 F. Minimizing Resettlement 4 G. Scope and Objective of Resettlement Plan (RP) 6 H. Methodology for Social Impact Assessment 7 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 10 A. Land Acquisition Requirement 10 B. Resettlement Impacts 10 C. Loss of Private Land in the Project 10 D. Intensity of Impact on Land Owners 11 E. Loss of Private Structures in the Project 11 F. Type of Private Structure in the Project 12 G. Use of Private Structures affected by the Project 12 H. Type of Construction of Affected Structures 13 I. Loss of Livelihoods in the Project 13 J. Loss of Community Property Resources 13 III. SOCIOECONOMIC INFORMATION AND PROFILE 14 A. General Socioeconomic Profile of Project Area 14 B. Social Categories of the DPs 14 C. Number of DPs 14 D. Vulnerable Households being Affected in the Project 14 E. Annual Income Level of the Affected Households 15 F. Number of DPs considered as Separate family as per LA Act 15 G. Educational Status of DPs 16 H. Occupational Status of DPs 16 I. Project Impact on Indigenous People 16 J. Project impact on Women 17 IV. STAKEHOLDERS CONSULTATION AND PARTICIPATION 18 A. Stakeholders in the Project 18 B. Public Consultation in the Project 18 C. Methods of Public Consultation 18 D. Scope of Consultation and Issues 18 E. Findings of Focused Group Discussions 19 F. Consultation with Officials and Other Stakeholders 20 G. Plan for further Consultation in the Project 21 H. Information Disclosure 22 V. LEGAL FRAMEWORK 23 A. Introduction 23 B. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCT in LARR), 2013 23 C. Legal and Policy Frameworks of Bihar State 24 D. ADB’s Safeguard Policy Statement (SPS), 2009 24 E. Comparison of Government and ADB Policies 25 F. R&R Policy Framework for the Project 28 G. Valuation of Assets 30 H. Procedure for Land Acquisition under the Project 32 VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 33 A. Introduction 33 B. Cut-off-Date for Entitlement 33 C. Project Entitlement 33 D. Entitlement Matrix 36 VII. RELOCATION OF HOUSING AND SETTLEMENTS 50 A. Basic Provision for Relocation 50 B. Need for Relocation 50 C. Relocation and Compensation Option by DPs 50 D. Relocation Strategy 50 VIII. INCOME RESTORATION AND REHABILITATION 52 A. Loss of Livelihoods in the Project 52 B. Provisions for Loss of Livelihood 52 C. Income Restoration Measures 53 D. Additional Support from Ongoing Poverty Reduction Programs 53 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 54 A. Introduction 54 B. Compensation 54 C. Assistance 54 D. Compensation for Community and Government Property 55 E. RP Implementation and Support Cost 55 F. R&R Budget 56 G. Source of Funding and Fund Flow Management 56 X. GRIEVANCE REDRESS MECHANISM 57 A. Introduction 57 B. Grievance Redress Mechanism 57 C. Constitution and Function of the GRC 57 XI. INSTITUTIONAL ARRANGEMENT 59 A. Institutional Requirement 59 B. Executing Agency 59 C. Resettlement Management at PIU 59 D. Nongovernment Organization (NGO) 59 E. Capacity Building on RP in the EA 61 XII. IMPLEMENTATION SCHEDULE 63 A. Introduction 63 B. Schedule for Project Implementation 63 C. Project Preparation Phase 63 D. RP Implementation Phase 63 E. Monitoring and Reporting Period 63 F. R&R Implementation Schedule 64 XIII. MONITORING AND REPORTING 65 A. Need for Monitoring and Reporting 65 B. Monitoring in the Project 65 C. Monitoring by PIU 65 D. External Monitoring 65 E. Stages of Monitoring 66 F. Preparatory Stage 66 G. Relocation Stage 67 H. Rehabilitation Stage 67 I. Monitoring Indicators 67 J. Reporting Requirements 69 APPENDICES Appendix 1: Census Survey Questionnaire 71 Appendix 2: List of Displaced Persons 76 Appendix 3: List of CPR 146 Appendix 4: Photographs and List of Participants in FGD along the Road 149 Appendix 5: Terms of Reference for the NGO to Implement the Resettlement Plan for Six-Lane Road Bridge Over Ganga River 172 Appendix 6: Terms of Reference for an External Monitoring Agency/Expert for Six-Lane Ganga Bridge Project 182 i EXECUTIVE SUMMARY A. PROJECT DESCRIPTION 1. The Bihar State Road Development Corporation Limited (BSRDCL), Government of Bihar is planning for construction of 19.680 km six-lane road bridge across River Ganga and requested ADB for financing of the project. This RP for six-lane Ganga bridge project is prepared based on the detailed design report prepared by BSRDCL. The RP complies with the applicable State Government, Government of India and ADB policy and legal framework. This project is considered as Category-A1 as per as Involuntary Resettlement (IR) is concerned. 2. The site chosen for the proposed 6-lane facility, situated east of the Patna city, lies between NH-30 (near Kacchi Dargah) and NH-103 (near Bidupur in Vaishali district). This corridor crosses Raghopur diara (island), which has a very high potential for development as a futuristic satellite town of Patna city. However, this geographical area falling in the river area has been in existence for the past 140 years or so and is prone to seasonal flooding but remains inhabited / cultivated during most part of the year. B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3. As per the LAP prepared for proposed Ganga Bridge project, 312.45 acres of land needs to be acquired. The analysis of land acquisition requirement for the project shows that out of 312.45 acres of land 256.58 (82%) of land is private land and 55.87 (18%) land is Government land. A full census survey was carried out to identify the persons who would be displaced by the project and the summary findings are presented in the following Table. There are 1594 households with 18171 persons will be displaced due to the project proposal. Out of 1594 displaced households, 1509 households will be economically displaced and 85 households are physically displaced. Table: Summary Project Impacts Sl. No. Impacts Number 1 Total Area of Land required (in Acres) 312.45 2 Area of private land to be acquired (in Acres) 256.58 3 Total number of private structures affected 153 4 Total number of displaced households 1594 5 Total number of displaced persons 18171 6 Total number of economically displaced households 1509 7 Total number of physically displaced households 85* 8 Total number of vulnerable households displaced 1017 9 Total number of CPR (structure) affected 6 * Out of 85 physically displaced households under sl. no. 7, eight are losing residential-cum- commercial structures and to avoid from double counting not included under sl. no. 6. C. SOCIOECONOMIC INFORMATION AND PROFILE 1 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project. ii 4. The social stratification of the project area shows that the dominance other backward caste population with 1335 (83.75%) households. There are 18171 displaced persons in total, which includes 10549 (58.05%) males and 7622 (41.95%) females. The average household size is 11 and the sex ratio among DPs is 723. According to project census survey there are 1017 vulnerable households affected by the project. The educational status of DPs reveals that 31.62% DPs are still illiterate in the project area. There is only one scheduled tribe (ST) household being affected due to the project. D. STAKEHOLDERS CONSULTATION AND PARTICIPATION 5. Public consultations were conducted at 8 locations attended by 217 persons (191 male and 26 female) in the project to ensure peoples’ participation during the project census survey.