Involuntary Resettlement Assessment and Measures Resettlement Plan for SH-81 (Sakkadi - Nasriganj Subproject) Document Stage: Final Project Number: 41629 July 2010 IND: Bihar State Highways II Project Prepared by Bihar State Road Development Corporation, Government of Bihar. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. ACRONYMS ADB Asian Development Bank ARO Assistant Resettlement Officer BPL below poverty line BSR basic schedule of rates BSRDC Bihar State Road Development Corporation CPR common property resources CSC Construction Supervision Consultant DC District Collector DGM Deputy General Manager DP displaced person DPR detailed project report EA Executing Agency EE Executive Engineer FGD focus group discussion GoI Government of India GRC Grievance Redress Committee IA implementing agency IP indigenous peoples IR Involuntary Resettlement LAA Land Acquisition Act LAP land acquisition plan MD Managing Director NGOs nongovernmental organizations NRRP National Rehabilitation and Resettlement Policy OBC other backward castes PIUs project implementation units PMU project monitoring unit RC resettlement cell R&R resettlement and rehabilitation RF resettlement framework RO Resettlement Officer ROW right of way RP resettlement plan SCs scheduled castes SPS ADB Safeguard Policy Statement STs scheduled tribes TOR terms of reference TABLE OF CONTENTS EXECUTIVE SUMMARY i CHAPTER 1: PROJECT DESCRIPTION 1 1.1 General 1 1.2 The Project Road and its Components 1 1.3 Profile of the Project Area 3 1.4 Subproject Impacts and Benefits 3 1.5 Project Components 5 1.6 Minimizing Resettlement 6 1.7 Scope and Objective of Resettlement Plan 7 CHAPTER 2: METHODOLOGY FOR IMPACT ASSESSMENT 9 2.1 Resettlement Screening 9 2.2 Land Acquisition Planning 9 2.3 Census Survey and Inventory of Assets 9 2.4 Public Consultation 10 CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE 11 3.1 Socioeconomic Profile of Project Area 11 3.1 Social Categories of the DPs 12 3.1 Religious Categories of the DPs 12 3.1 Number of DPs 12 3.1 Vulnerable Households being Affected in the Subproject 13 3.1 Annual Income Level of the Affected Households 13 3.1 Educational Status of DPs 14 3.1 Occupational Status of DPs 14 3.1 Impact on Indigenous People 15 3.1 Gender Impact 15 CHAPTER 4: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 17 4.1 Scope of land Acquisition 17 4.1 Loss of Land 17 4.1 Loss of Structure in the Subproject 19 4.1 Loss of Livelihoods 22 4.2 Loss of Community Property Resources 22 4.3 Type of Government Property 23 4.4 Summary Subproject Impacts 23 CHAPTER 5: STAKEHOLDERS CONSULTATION AND PARTICIPATION 25 5.1 Stakeholders in the Project 25 5.2 Public Consultation in the Project 25 5.3 Methods of Public Consultation 25 5.4 Scope of Consultation and Issues 25 5.5 Finding of Focused Group Discussions 26 5.6 Consultations with Officials and other Stakeholders 30 5.7 Plan for further Consultation in the Project 31 5.8 Information Disclosure 33 CHAPTER 6: LEGAL FRAMEWORK 35 6.1 Introduction 35 6.2 Land Acquisition Act 1894 35 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 36 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 38 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement 39 6.6 Policy Framework for this Project 40 6.7 Methodology for Determination of Valuation of Assets 42 6.8 Procedure and Steps of Land Acquisition 43 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 44 7.1 Definition of DPs and Eligibility 44 7.1 Entitlements 44 7.1 Entitlement Matrix 47 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 52 8.1 Basic Provision for Relocation 52 8.2 Need for Relocation 52 8.3 Magnitude of Physical Displacement in the Subproject 52 8.4 Relocation and Compensation Option by DPs 53 8.5 Relocation Strategy 53 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 55 9.1 Loss of Livelihoods in the Subproject 55 9.1 Provisions for Loss of Livelihood 55 9.1 Income Restoration Measures 56 9.1 Additional Support from Ongoing Poverty Reduction Programs 57 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 58 10.1 General 58 10.1 Compensation 58 10.1 Assistance 59 10.1 Compensation for Community and Government Property 59 10.1 RP Implementation and Support Cost 60 10.1 Source of Funding and Fund Flow Management 60 10.1 R&R Budget 60 CHAPTER 11: GRIEVANCE REDRESS MECHANISMS 62 11.1 General 62 11.1 Grievance Redress Mechanism 62 11.1 Constitution and Function of the GRC 62 11.1 Operational Mechanisms of GRC 62 CHAPTER 12: INSTITUTIONAL ARRANGEMENTS 64 12.1 Institutional Requirement 64 12.2 Executing Agency 64 12.3 Project Management Unit (PMU) 64 12.4 Project Implementation Unit (PIU) 64 12.5 Non Government Organization (NGO) 64 12.6 Capacity Building on RP in the EA 66 CHAPTER 13: IMPLEMENTATION SCHEDULE 67 13.1 Introduction 67 13.2 Schedule for Project Implementation 67 13.3 R&R Implementation Schedule 67 CHAPTER 14: MONITORING AND REPORTING 70 14.1 Need for Monitoring and Reporting 70 14.2 Monitoring in the Project 70 14.3 Stages of Monitoring 70 14.4 Monitoring Indicators 71 14.5 Reporting Requirements 72 Appendixes Appendix 1 Census Survey Questionnaire Appendix 2 ToR for NGO Appendix 3 List of Affected Structures Appendix 4 Attendance in FGD Consultation EXECUTIVE SUMMARY A. Project Description 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways I Project under Asian Development Bank (ADB) assistance and now intending to take up Bihar State Highways II Project to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under Bihar State Highways II Project, four subproject road sections consisting of 351.086 kilometers (km) are selected, for which detailed project reports (DPR) are being prepared by BSRDC. This is a Resettlement Plan1 prepared for the SH-81 subproject, which is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned. 2. The subproject road SH-81 begins at Sakaddi village and terminates at Nasrigunj. It connects NH-30 (Mohania - Bakhtiyarpur) to SH-15 (Dehri -Vikramgunj). The total length of project road is 83.250 km and runs parallel to Sone River. The road runs primarily through agricultural fields and many built-up areas. Some of the heavily- settled areas include Sakaddi, Chandi, Akhgaon, Sandesh, Naunur, Azimabad, Andhari and Kachwa. It also crosses many canals/drains at various locations. 3. 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 benefits due to the subproject will be triggered by the improved accessibility to various services such as easy access to markets, health facilities, schools, workplace, etc, which in turn increases the income of the locals, ultimately elevating their standard of living. However, there will be some negative impacts on the people living in the immediate project area. 4. As the existing right of way (ROW) is very much limited and therefore realignment is proposed for various parts of the project road, the additional requirement of land may be up to 30m in substantial portion of the project length. The 30 meters in rural area and 16 meters in urban area proposed RoW has been decided keeping in mind the future need of expansion and requirement of comparatively more construction width due to high embankments for significant length. Key activities for subproject road improvement involves (i) widening/strengthening of the road up to 2-lane carriageway configuration (ii) improving road geometry (iii) provision of bypasses to avoid heavy built-up area (iv) construction of side drains (vii) construction of ROB (viii) Junctions/intersections improvement and (ix) provision of service roads etc. The brief of all key project activities are described below. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. 1 As per ADB’s SPS-2009 and OM Section F-1/OP issued on January 2010, The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons 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). ii 5. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Full Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 designed by ADB to protect the rights of the affected persons and communities. B. Socioeconomic Information and Profile 6. The project area consists of Bhojpur and Rohtas District, which came into existence in 1992. Earlier this district was part of old Shahabad district. In the year 1972 Shahabad district was bifurcated in two parts namely Bhojpur and Rohtas. Bhojpur being mostly urbanized is way ahead from the Rohtas in all developmental aspects. About 14.18% population of Rohtas are living in urban area whereas about 16% population of Bhojpur are living in the urban areas.