Resettlement Plan

November 2019

India: State Road Improvement Project Improvement of road Shrirampur Vaijapur Mahagaon Fulsawangi Mandvi Road SH-51 Km (Section Washim to Pusad Shivaji Chowk) Km 242/200 to 298/249 (Package- EPC -5)

Prepared by Public Works Department, Government of Maharashtra for the Asian Development Bank. ii

CURRENCY EQUIVALENTS (as of 1stAugust 2019)

Currency unit – Indian rupees (₹) ₹1.00 = $0.0144 $1.00 = ₹69.47

NOTES

(i) The fiscal year (FY) of the Government of and its agencies ends on 31 March. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2019 ends on 31 March 2019. (ii) In this report, "$" refers to US dollars.

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. iii

ABBREVIATIONS

ADB Asian Development Bank AP Affected Person ARO Assistant Resettlement Officer AE Assistant Engineer BPL Below Poverty Line BSR Basic Schedule of Rates CAP Corrective Action Plan CoI Corridor of Impact CPR Common Property Resources CE •Chief Engineer DC District Collector DLAO District Land Acquisition Officer DP Displaced Person DH Displaced Household DPR Detailed Project Report EA Executing Agency EPC Engineering Procurement and Construction EE Executive Engineer FGD Focus Group Discussion FHH Female Headed Household GOI Government of India GOM Government of Maharashtra GRC Grievance Redress Cell GRM Grievance Redress Mechanism HH Household IP Indigenous People IPP Indigenous People Planning IR Involuntary Resettlement LA Land Acquisition LAA Land Acquisition Act LAP Land Acquisition Plan LAR Land Acquisition and Resettlement LVC Land Valuation Committee M&E Monitoring and Evaluation MAW Minimum Agricultural Wage MPWD Maharashtra Public Works Department MSRIP Maharashtra State Road Improvement Project NGO Non-Government Organization NTH Non-Titled Holder OBC Other Backward Classes PIU Project Implementation Unit

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PMC Project Management Cell PWD Public Works Department

• RFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act RO Resettlement Officer ROW Right of Way resettlement plan Resettlement Plan SC Schedule Caste SDO Social Development Officer SE Superintending Engineer

SES Socio Economic Survey

SIA Social Impact Assessment

SPS Safeguard Policy Statement SRU Social &Resettlement Unit

ST Schedule Tribe TH Titled Holder TOR Terms of References v

CONTENTS

EXECUTIVE SUMMARY ...... 8 I. INTRODUCTION ...... 12 A. Background ...... 12 B. Profile of the project area ...... 14 C. Minimization of Impact...... 15 D. Scope of the Resettlement Plan (resettlement plan) ...... 15 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ...... 16 A. Methodology for Assessment of LAR Impacts ...... 16 B. Displaced Households and Persons ...... 16 C. Inventory of Losses ...... 17 1. Impact on Land ...... 17 2. Impact to structures ...... 17 3. Impacts on Livelihood ...... 18 4. Impact on Crops and Trees ...... 18 5. Impact on Community Property Resources (CPR) ...... 18 III. SOCIO-ECONOMIC INFORMATION AND PROFILE ...... 20 A. Project Area Profile ...... 20 B. Demography of Displaced Persons (DPs) ...... 21 C. Social Structure among Displaced Persons (DPs) ...... 21 D. Vulnerability ...... 22 E. Income ...... 22 F. Primary Income Earners and Sources of Income ...... 23 G. Occupational structure ...... 23 H. Educational Status ...... 24 I. Impact on Gender ...... 24 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ...... 26 A. Identification of Stakeholders ...... 26 B. Methods of Public Consultation ...... 26 C. Findings of the Public Consultations ...... 26 D. Mechanism of Disclosure ...... 31 E. Consultation Plan for resettlement plan Implementation Period ...... 31 F. Consultation Outcomes Incorporated in resettlement plan ...... 31 V. LEGAL FRAMEWORK ...... 32 A Country Legal and Regulatory System ...... 32 B. ADB Safeguard Policy Statement (SPS), 2009 ...... 34 C. Maharashtra Direct Purchase Policy ...... 35 D. Comparison of Country and ADB Policy and Measures to Fill Gaps ...... 36

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E. IR Policy Adopted for the Project ...... 41 VI. ELIGIBILITY AND ENTITLEMENTS ...... 44 A. Eligibility under the Project ...... 44 B. Entitlement Matrix ...... 45 VII. INSTITUTIONAL ARRANGEMENTS ...... 52 A. Institutional Requirement ...... 52 B. Executing Agency ...... 52 C. Project Management Unit ...... 51 D. Resettlement Management at Project Implementation Unit (PIU) ...... 53 E. Nongovernment Organization (NGO) ...... 53 F. Capacity Building on resettlement plan in the EA ...... 55 VIII. GRIEVANCE REDRESS MECHANISM ...... 56 IX. COMPENSATION, RELOCATION AND REHABILITATION ...... 59 A. Valuation of Assets ...... 59 1. Valuation of Land ...... 59 2. Valuation of Structures ...... 59 3. Valuation of Crops and Trees ...... 60 B. Relocation ...... 60 C. Rehabilitation Measures ...... 61 D. Additional Support for Vulnerable DPs ...... 62 X. BUDGET ...... 63 A. Source of Funding and Fund Flow Management ...... 63 B. LAR Cost...... 63 XI. MONITORING AND EVALUATION ...... 65 A. Need for Monitoring and Reporting...... 65 B. Internal Monitoring ...... 65 C. Stages of Monitoring ...... 66 D. Monitoring Indicators ...... 67 E. Reporting Requirements ...... 67 XII. IMPLEMENTATION SCHEDULE ...... 68 A. Schedules for Project Implementation ...... 68 B. resettlement and rehabilitationImplementation Schedule ...... 68 Appendix 1: List of Affected Villages ...... 70 Appendix 2: Notice for Cut – off – Date ...... 71 Appendix 3: Census and Socio -Economic Questionnaire ...... 72 Appendix 4: List of Titleholder ...... 75 Appendix 5: List of Non- Titleholders ...... 76 Appendix 6: List of CPRs ...... 79 Appendix 7: Public Consultation Meeting ...... 80 Appendix 8: Maharashtra Direct Purchase Policy 2016 ...... 89 vii

Appendix 9: Consent Form ...... 94 Appendix 10: Terms of Reference (TOR ) for the NGO ...... 101 Appendix 11: Land Rate & BSR Rate ...... 110 Appendix 12: Photographs of Non Titleholder ...... 120 Appendix 13: Photograph of CPR ...... 125

LIST OF TABLES:

Table 1: Summary Project Impacts ...... 8 Table 2: Details of Project Road ...... 12 Table 3:DisplacedHouseholds and Persons ...... 16 Table 4: Land Acquisition and Impact ...... 17 Table 5:Number of Affected Structures and Displaced Households ...... 17 Table 6:Type of Construction of Affected Structures ...... 18 Table 7:Magnitude of Impact and Relocation Requirement ...... 18 Table 8:Preference of Non – Titleholder for Relocation & Compensation ...... 19 Table 9: Affected Common Property Resources ...... 19 Table 10: Key socio-demographic data of the state and the Project district ...... 20 Table 11: Details Displaced Population ...... 21 Table 12: Religious Groups ...... 21 Table 13: Family Status and Size of Displaced Households...... 21 Table 14: Social Categories ...... 22 Table 15: Vulnerable Displaced Households ...... 22 Table 16: Income level of the Displaced Households ...... 23 Table 17: Primary Income Earner of the Displaced Household ...... 23 Table 18: Occupation of the Displaced Household ...... 24 Table 19: Educational Status of the Displaced Persons ...... 24 Table 20:Consultation Methods adopted in Project ...... 26 Table 21: Summary of Community Consultations ...... 27 Table 22: Detailed Policy Comparison ...... 36 Table 23: Entitlement Matrix ...... 45 Table 24: Roles and Responsibilities of Different Agencies for resettlement plan Implementation ...... 54 Table 25: Compensation of land ...... 59 Table 26: Compensation of structure ...... 60 Table 27: Shifting Allowance ...... 61 Table 28: Rehabilitation Measures ...... 62 Table 29: Compensation and Relocation ...... 63 Table 30: resettlement and rehabilitationImplementation Schedule ...... 68

LIST OF FIGURES Figure 1: Index Map of Project Road ...... 14 Figure 2: Institutional Arrangement ...... 55 Figure 3: Stages of Grievance Redressal...... 57

EXECUTIVE SUMMARY

A. Project Description

1. The Public Works Department (MPWD), Government of Maharashtra, (GoM) is implementing the Maharashtra State Road Improvement Project (MSRIP) by rehabilitation and up -gradation of State Highways (SH) and (MDR) across the state. The Government of Maharashtra has requested the Asian Development Bank (ADB) to finance the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state are proposed under MSRIP.

2. The subproject Road Wasim- Pusad (SH-51) under EPC-5 is located in the district of in region. The length of the subproject road is 56.05 kilometer. The subproject aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region.

3. This Resettlement Plan (resettlement plan) has been prepared in compliance with the applicable State Government, Government of India, and ADB policy and legal framework. This project is considered as Category B1 for Involuntary Resettlement (IR) as per ADB’s Safeguard Policy Statement (SPS) 2009. This subproject will significantly impact 161 displaced persons (DPs) from 33 displaced households (DH). 9 DHs will be experience physical displacement and 24 DHs will lose more than 10% of productive assets2.

B. Scope of Land Acquisition and Resettlement

4. As per the technical design, most of the roadway will be improved to 7-10-meter width, and to 20 meters in Pusad town. The existing Right of Way, as per the government records, is 18 to 27 meters throughout the alignment. The impact of Project is assessed through a census survey which covered loss of private land, loss of non-land assets and loss of livelihoods. As per survey findings, 216 sqm of private land owned by 1 HH and 67 structures owned by 54 households will be affected. The affected households includes1 titleholder and 54 non-titleholders i.e. encroachers and squatters. There are 16 kiosks covering 76 DPs are also affected due to road widening. 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 1.

Table 1: Summary Project Impacts

Sl. No. Impacts Number 1 Area of private Land to be Acquired (in Sqm) 216 2 Total number of Private Structures Affected 67 3 Total number of Displaced Households 55 4 Total number of Title holder household 1

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.

2 Productive assets are those with the ability to generate profits and cash flow. This may include frontage of residential structures used for commercial purposes. 9

5 Total Number of Non-Titleholders Household 54 6 Total number of Displaced Persons 261 7 Total number of Titleholder Displaced Persons 1 8 Total number of Non-titleholders Displaced Persons 260 9 Total number of Physically Displaced Households 09

10 Total number of Physically Displaced Persons 47 Total number of Economically Displaced Households Less than 10% of productive assets 6 11 46 More than 10% of productive assets 24 Kiosks 16 12 Total number of economically displaced persons 214 13 Total number of Vulnerable Households Displaced 54 14 Total number of CPR (Structure) Affected 06 Source: Primary Survey, 2018

C. Socioeconomic Information and Profile

5. The social stratification of the project area shows the dominance of Other Backward Class population with 27 (49.1%) households. There are 261 affected persons in total, which includes 143 (54.8%) male and 118 (45.2%) female. The average household size is 4.7 and the sex ratio among DPs is 825.According to project census survey, there are 54 vulnerable households affected by the project. The educational status of DPs reveals that 6.1% DPs are still illiterate in the project area.

D. Stakeholders Consultation and Participation

6. Public consultations were conducted at 3 locations attended by 82 persons (70 Male and 12 Female) in the project to ensure people’s participation during the project census survey. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through focus group discussions and individual interviews. MPWD will conduct these consultations during resettlement plan implementation. With the support of an implementation nongovernment organization (NGO). The consultations will involve disclosure on compensation, assistance options, and entitlement package and income restoration measures suggested for the project.

7. To achieve transparency in in the project and for further active involvement of DPs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. The EA will provide relevant resettlement information, including information from the above-mentioned documents in a timely manner, in an accessible place and in a form and (s) understandable to displaced persons and other stakeholders.

E. Legal Framework

8. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GoI, the GoM and ADB. Prior to the preparation of the resettlement plan, a detailed analysis of the existing national and state policies was undertaken, and an entitlement matrix has been prepared for the

10 project. This resettlement plan 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 policies have been identified and addressed to ensure that the resettlement plan adheres to the SPS (2009) requirements.

9. All compensation and other assistances will be paid to all DPs prior to commencement of civil works. 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 value 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.

F. Entitlements, Assistance and Benefits

10. The cut-off date will be the end of the census survey which is 3rdof January 2019. The structures affected under the project will be compensated at replacement cost. DPs who settle in the affected areas after the 3 January 2019 cut-off date are not considered for any compensation. They, however, were given enough advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated, and they will not pay any fine or suffer any sanction. The cut-off date for direct purchase will be the date of notice served to the titleholder.

G. Relocation of Housing and Settlements

11. There will be no person relocated from housing due to loss of full loss of residential housing. The EA will compensate to the non-titleholders and titleholders for the loss of assets other than land, such as residential and commercial structures, and 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 project area prior to the cut-off date.

H. Income Restoration and Rehabilitation

12. The impact assessment indicates that due to loss of land and commercial structures, 24 DH are will experience significant impact their livelihood. The entitlement matrix provides measures for restoration of livelihood of the affected communities and to enhance the economic conditions of vulnerable DPs. This includes employment the construction phase, and livelihood training.

I. Resettlement Budget and Financing Plan

13. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for resettlement plan implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. Contingency provisions have also been made to consider variations from this estimate. The total budget for the proposed project resettlement plan is INR 14.16 Million.

J. Grievance Redressal Mechanism

14. The grievance redress mechanisms will be established and will function at the commencement of resettlement plan implementation. Grievance Redress Committee (GRC) will be established at the district level and state level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their 11 objections and through conflict resolution, address these issues adequately. The GRC will be established at two levels. There will be one GRC at PIU which will be headed by Superintending Engineer., Th other PIU, headed by the Chief Engineer, will be at the state level. The GRC will have representative from the PMU and/or PIU, affected people, an NGO, and/or other interest groups. All grievances will be routed through the NGO/ PIU/ local self- government to the GRC. The implementing NGO will act as a facilitator to the GRC. However, an aggrieved person will have access to the country's judiciary at any stage of the project level grievance redress process.

K. Institutional Arrangement

15. The Executing Agency (EA) for the Project is MPWD. The Project Management Unit (PMU), headed by a Chief engineer (CE), will implement the project through a Project Implementation Unit (PIU) at the district level, headed by the Superintending Engineer (SE). PMU and PIU will be assisted by a Project Management Services consultant and an Authority Engineer, respectively, that will have safeguards specialists. The PMU will engage an NGO support the implementation of resettlement and rehabilitation activities. The staff at the PIU level will be provided with the training by the social/ resettlement specialist of the Authority Engineers (AE) for implementation of the resettlement plan.

L. Implementation Schedule

16. Implementation of resettlement plan mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. The civil works contract will only be awarded after all compensation and relocation has been completed for project. The proposed project resettlement and rehabilitation activities are divided in to three broad categories based on the stages of work and process of implementation, as follows:

i) Project Preparation phase ii) resettlement plan Implementation phase, and iii) Monitoring and Reporting phase.

M. Monitoring and Reporting

17. Resettlement plan implementation will be closely monitored by the EA through internal monitoring by the PMU PIU, responsible for s implementation of the resettlement plan. It will prepare monthly progress reports on resettlement activities and submit these to the PMU. The PMU will prepare semi-annual resettlement plan implementation monitoring reports resettlement plan, to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. The PMU will submit the semi-annual monitoring reports to ADB for disclosure in the ADB website.

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I. INTRODUCTION

A. Background

1. Maharashtra is a third largest state in India with a large population that is based out of villages and supports various industries and agriculture etc. Transportation becomes an important aspect in the development of the state, as proper facilities are not available in remote parts of the state. Transportation gives the ease of expanding the small-scale industries by connecting them to the major cities in the state, better health facilities become easily accessible, improved agriculture-based products amongst others. With the same motive the Government of Maharashtra through the PWD has taken up the task of improving the road connectivity of the state under the Maharashtra State Road Improvement Project.

2. Public Works Department, Government of Maharashtra (MPWD) is engaged in rehabilitation and up-gradation of State Highways (SH) and Major District Roads (MDR) to across the state under the aegis of Maharashtra State Road Improvement Project (MSRIP) The MPWD has requested the Asian Development Bank (ADB) to finance the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state.

3. MPWD has prepared DPRs for the roads coming under the MSRIP by hiring a detailed design Consultant. The detail of Project Roads is mentioned in following table.

Table 2: Details of Project Road

Sl. EPC Region District Road Road Name Length No. No. Designation in KM & Number 1. SH 174 Improvement to NH-66 23.50 to Kante Tulsani Devrukh Road Km 0/00 EPC 1 to 23/500. 2. Konkan Ratnagiri MDR 55 Improvement to Chafe 10.35 Ganpatipule Road Km 0/00 to 10/350, MDR 55 3. Konkan Ratnagiri SH 175 Improvement to 28.10 Dabhole Shiposhi Korle Vatul Road EPC 2 Joining to NH-17 km 0/0 to 28/100 4. Konkan Ratnagiri SH 170 Improvement to 23.70 Hatiwale Jaitapur Road Km 0/00 to 23/700. 5. EPC 3 SH 204 Improvement to Barshi 61.90 Solapur Akkalkot Dudhani Aland to State border Road SH 204 Km 1/400 to 63/300 Part Barshi to Solapur Tal Barshi. 6. EPC 4 Pune Solapur SH 68 Improvement to Daund 50.54 Karmala Paranda Barshi Osmanabad Road SH 68 Km 137/260 to 189/120 13

Sl. EPC Region District Road Road Name Length No. No. Designation in KM & Number 7. EPC 5 Amravati Yavatmal SH-51 Improvement to 56.05 Shrirampur Vaijapur Risod Washim Pusad Fulsawangi Mandvi Road (Section Washim Pusad) in Washim., Km 242/200 to 298/249 8. EPC 6 Amravati Amravati SH-300 and Improvement to 64.66 and SH 300 A Riddhapur Teosa Yavatmal Kurha Anjansingi Dhamangaon Rly Devgaon Road SH-300 Km 40/600 to 108/00 and Dhamangaon Bypass Road K.M 0/00 to 6/565 TQ. Teosa 9. Amravati Amravati SH 47 Improvement to 24.00 and Valgaon Akot SH 47 Road (Daryapur EPC 7 to Akot), Km 156/00 to 180/00. 10. Amravati Amravati MDR-21 and Improvement to Amla 17.55 SH-301 Runmochan Asara Road Dist. Amravati MDR-21 (17.50 Km) 11. Amravati Amravati SH-297 Improvement to 15.08 Amravati Chandur Rly Talegaon Road Km 32/200 to 49/155 to EPC 8 Chandur Rly. 12. Amravati Amravati SH-300 Improvement to 40.80 Riddhapur Lehegaon Ner Pingalai Teosa Road SH-300 Km. 0/00 to 40/800 Tal. . 13. EPC 9 Pune Solapur SH 68 Improvement to Daund 35.23 Karmala Paranda Barshi Osmanabad Road SH 68Km 208/160 to 250/155 Total 451.45

4. The Subproject Road SH 51 is one of the prioritized roads in the MSRIP which spans the total length of 56.05 Km. The project road stretch falls in two different districts (Approx. 25 Km of road falls in Washim Taluka, and 31 Km of road falls under Pusad Taluka, ). The project road (EPC-5) starts from Gopinath Munde Chowk (Jagmata Chouphule) Washim and ends at Shivaji Chowk, Pusad village. Appendix 1 lists the affected villages.

5. The project road aims at providing better connectivity to the villages, and proper roads to commute for the villagers. This would significantly improve the health care system for the villagers as better medical centers become easily accessible.

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6. The Resettlement Plan for the project is based on 100% census survey carried out in the affected area. The resettlement plan is in accordance with the RFCTLARR Act, 2013 (the regulating law of India), the Maharashtra Direct Purchase Policy 2016, and the ADB SPS, 2009.

7. The subproject road Washim to Pusad is an important connectivity he proposed road mainly runs through the wide portions of agricultural land on both sides of the stretch. The project road connects the villages namely Khandala, , Babulgaon, Sonda, Panhala, Bramha, Manjarjawala, Hanwat Kheda, Adgaon etc. There are a few of quarry sites along the project roads at Chainages 292+200, 292+700, 292+750, 293+150 on the left side of the stretch near Nimbi. A wide portion of land is also covered with the forest on both sides of the stretch at some locations. The project road also passes through certain village schools near Pimpalgaon, Shelu and Marwadi villages. Moreover, the stretch passes through major junctions and spreads through remote location of the Washim & Yavatmal District. The project alignment and some important locations along the project road are presented in Figure 1

Figure 1: Index Map of Project Road

B. Profile of the project area

8. Yavatmal District is in the region of , in the east-central part of the Maharashtra state. Amravati and districts, from east to district, and district are from the north whereas and Akola districts are surrounded by west. The district covers an area 13,582 sq. Km. Jowar and are the main produce of the district, cotton and teakwood the chief exports. Other items exported include lime, wooden furniture and oranges. Forests are located at Bitargaon, Tipeshwar, Tiwsala, and Umbarda. Trees include teak, tendu, hirda, apta and moha, as well as bamboo. Wild- bear, deer, nilgai, sambar, hyena and peacock are among the animals found in the forests. There are wildlife sanctuaries at Tipeshwar and Painganga. The Shakti Pitha Mahur is located 40 km east from the Pusad city.

9. Washim District is located in the eastern region of Vidharbha. Akola lies to its north, Amravati lies to its north-east, lies to its south, lies to its west, Yavatmal lies to its east. The district covers an area 5,150 sq. Km. River Penganga is the main river of the district. River Arunavati and its tributaries originates in the Tehsil of Washim and it flows through the tehsils of Mangrul Pir and Manora into the district of Yavatmal. There are some 15 parts covered by the forests in the two regions. Both the regions are protected under Katepurna Wildlife Sanctuary and Karanja Sohol Wildlife Sanctuary.

C. Minimization of Impact

10. Adequate attention has been given during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement.

11. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of buildings, trees, utility services along the project road, the centerline of the alignment is designed to cause minimum disturbance to existing features. The existing RoW (18-27 mt) as verified by the revenue department and cross matched on ground is considered enough in various parts of the project road for the proposed widening and improvement. However, to minimize the resettlement impacts, road rehabilitation will be limited to up to 16 meters road width only.

D. Scope of the Resettlement Plan

The aims of this resettlement plan are to avoid or minimize involuntary resettlement impacts, and to compensate affected persons when impacts are unavoidable.

12. This resettlement plan has been prepared based on project census survey findings and consultation with various stakeholders. The issues identified and addressed in this document are as follows:

(i) Type and extent of loss of land and non-land assets, loss of livelihood, loss of common property resources and social infrastructure; (ii) Impacts on vulnerable groups like poor, women and other disadvantaged sections of society (iii) Public consultation and people’s participation in the project; (iv) Existing legal and administrative framework and formulation of resettlement policy for the project; (v) Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses/ income; (vi) resettlement and rehabilitation cost estimate, and; (vii) Institutional framework for the implementation of the plan, including grievance redress mechanism, monitoring and reporting.

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. Methodology for Assessment of LAR Impacts

13. An identification survey of affected persons was carried out by detailed project report consultants, to identify the displaced persons (DP) and generate an inventory of losses and their socio-economic profile. The identification was based on detail measurement survey based on final engineering specifications. In addition, their perceptions about the project, rehabilitation and resettlement options were ascertained. The identification was carried out in the month of November 2018.

14. The cutoff date for non-titled persons shall be 3rd January 2019 and for titled persons the date of Section-11 of RFCTLARR Act, 2013. The Notice of cut-off date submitted to Panchayat is annexed as Appendix-2.

15. The census survey of all DPs was undertaken by a team of trained social research surveyors. The key methods employed were:

(i) Marking and measurement of affected land and structures as per the engineering design; (ii) Interviews of individual households with structured questionnaires; (iii) Small group consultations, key informant interviews and focus group discussions with displaced persons and other stakeholders, including men, women, vulnerable groups, shopkeepers, revenue officials and property dealers. The questionnaire is appended as Appendix 3.

16. The following section presents and discusses the findings of the resettlement identification survey for the project road.

B. Displaced Households and Persons

17. A total of 55 households with 261 persons are affected by the project by land acquisition and/or loss of assets as presented in Table 3. Among these 55 households, there is 01Title Holder (TH) and 54 Non-Title Holder households (NTH). 9 households (HH) are physically displaced and 46 households (HH) are economically displaced. There are total 54 vulnerable households.

Table 3:Displaced Households and Persons No. of No. of Type of Affected Household & Persons % of DH Household Person Total No. of Displaced Households (DH) 55 261 100 No of Physically displaced HH 09 47 16.363

No of Economically displaced HH 46 214 83.63 Less than 10 % of productive assets 6 24 10.93 More than 10 % of productive assets 24 114 43.63 Kiosks 16 76 29.09 Total No. of Vulnerable Households 54 256 100 Poor (BPL) 21 100 38.9 Female Headed 01 04 1.9 17

No. of No. of Type of Affected Household & Persons % of DH Household Person Headed by Disabled Persons 01 05 1.9 Scheduled Caste (SC) 05 26 9.3 Non-Titleholder3 26 121 48.1 Source: Primary Survey, 2018

C. Inventory of Losses

1. Impact on Land

18. The area of private land acquired for the project is 216 Sqm which is of 1 HH and in only 1 village. The acquired land is Barren Land /open land and comes under the Pusad Municipality. The details of land acquisition and impacts are summarized in Table 4 and details of title holder are appended in Appendix-4

Table 4: Land Acquisition and Impact Description No. Barren Land /Open Land (Sqm) 216 Number of HH 01 Source: Primary Survey, 2018

2. Impact to structures

19. The project road impacts a total of 55 DHs (261 persons) in which 54 DHs lose a total of 67 structures. Out of total impacted structures, 4 (6%) are residential structures, 52 (77.6%) are commercial purpose and 11 (16.4%) are other structures (refer Table 5). All these affected structures are owned by non-titled DHs only. Details of NTH HH is appended in Appendix5

Table 5:Number of Affected Structures and Displaced Households

Category of Structure DH structure No. % No. % Residential 04 6.0 04 7.4 Commercial 52 77.6 46 85.2 Other Structures 11 16.4 04 7.4 Total 67 100 54 100 Source: Primary Survey, 2018

20. Table 6 provides an overview of the types of construction of the affected structures. 55 (82.1%) of the affected structures are made of Kachcha construction materials while 12(17.9%) structures are Semi Pucca. The majority of commercial, residential and other structures are Kachcha structures.

3 Non titled households not covered under other categories have been separately treated as vulnerable.

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Table 6:Type of Construction of Affected Structures Type Kachcha Semi Pucca Total Structures Category No. % No. % No. % Residential 04 7.3 00 0.0 04 6.0 Commercial 48 87.3 04 33.3 52 77.6 Other 03 5.5 08 66.7 11 16.4 Structures Total 55 100 12 100 67 100 Source: Primary Survey, 2018

21. Out of total impacted structures (67), 31 are being fully affected. 19 structures are kiosk category and 11 non-productive structures such as bathroom, sitting place, shed, etc. and 1 shed of house. These amenities will be reconstructed within the land available of the encroachers. The kiosk will be shifted outside of Corridor of Impact (COI) within the RoW at the same location. The other structure pushed back into own land and all will be getting compensation as per entitlement matrix. The main structures like houses and shops owned by encroachers are being affected partially and therefore does not require relocation. The usage of affected structures the magnitude of impacts is presented in the Table-7. All 54 NTH DHs prefer cash compensation and self-relocation.

Table 7:Magnitude of Impact and Relocation Requirement Number of Number % %age Type of Usage of Structures Structures of DH DH Impact Impacts Residential (House) 03 03 5.6 5-10 Partial Residential Front Shed 01 01 1.9 5-10 Partial Commercial (Shop) 24 24 44.4 10-20 Partial Kiosks 19 16 29.6 100 Full Commercial Front Shed 09 06 11.1 5-10 Partial Others (External bathroom 11 04 7.4 100 Full and sitting area, cowshed) Total 67 54 100 Source: Primary Survey, 2018.

3. Impacts on Livelihood

22. As per the findings of census survey, 40 households (72.7%of the total DH) are losing their livelihoods due to the project, out of these 19 are kiosks owned by 16 NTH that will be fully affected. Twenty four commercial shops, which will lose between 10% to 20% are considered significantly affected. All 40 DHs are losing income from only from their businesses along the alignment.

4. Impact on Crops and Trees

During field verification no trees on private land was found to be impacted. Any damage to standing crops and trees during implementation will be compensated as per valuation done by the horticulture/ forest department at the time of preparation of award or direct purchase and shall be included in the value.

5. Impact on Community Property Resources (CPR)

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23. A total of 6 common property resources (CPRs), either owned by government or any other institution and communities are affected (refer Table 9) under the project. Among these, 3 are government structures and 3 are temples. These CPRs will be restored or relocated among others. Detailed discussions were held with the concerned communities and panchayat representatives on relocation and rehabilitation of these assets. A list of CPRs is appended as Appendix 6.

Table 8: Affected Common Property Resources Type of Structure Total Number A: Government Institutional Building & Assets Govt. Building 03 Sub-total 03 B: Community Assets and Property Temple 03 Sub-Total 03 Grand Total 06 Source: Primary Survey, 2018

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III. SOCIO-ECONOMIC INFORMATION AND PROFILE

A. Project Area Profile

24. The project area falls under two district of Maharashtra state i.e. Washim & Yavatmal. Table 10 below presents the key socio-demographic data of the State and the project district of Washim & Yavatmal through which the project traverses.

Table 9: Key socio-demographic data of the state and the Project district Decadal Growth Population Sex Ratio Density/km2 District Rate 2011 2001 2011 2001 2011 2001 2011 Washim 11,97,160 18.32% 17.34% 939 930 208 244 Yavatmal 27,72,348 18.35% 12.78% 942 952 181 204 Maharashtra 11,23,74,333 22.57% 15.99% 922 929 315 365 State Source: Census of India, 2011

25. The state of Maharashtra is bordered by the Arabian Sea to the west and the Indian states of , , Goa, , Maharashtra, and and the Union territory of Dadra and Nagar Haveli. Maharashtra is the wealthiest state by all major economic parameters and the most industrialized state in India. Forests comprise 17% of the total area of the state. Most of the forests are in the eastern and Sahyadri regions of the state.

26. According to the census of 2011, the population of Maharashtra State was 11,23,74,333. Male to female ratio in the state is 929 females per 1000 males, while in 2001 it was 922 females per 1000 males. The total area of the new state is 307,713 sq.km. As discussed in Table 11, the decadal growth rate as on 2011, is 15.99and density per square kilometer is 365 people.

27. Yavatmal District is in the region of Vidarbha, in the east-central part of the Maharashtra state. Amravati and Wardha districts, from east to , Andhra Pradesh and are from the north whereas Parbhani and Akola districts are surrounded by west. The district covers an area 13,582 sq. Km. Jowar and cotton are the main produce of the district, cotton and teakwood the chief exports. Other items exported include lime, wooden furniture and oranges. Forests are located at Bitargaon, Tipeshwar, Tiwsala, and Umbarda. Trees include teak, tendu, hirda, apta and moha, as well as bamboo. Wild- bear, deer, nilgai, sambar, hyena and peacock are among the animals found in the forests. There are wildlife sanctuaries at Tipeshwar and Painganga. The Shakti Pitha Mahur is located 40 km east from the Pusad City.

28. Washim District is in the eastern region of Vidharbha. Akola lies to its north, Amravati lies to its north-east, Hingoli lies to its south, Buldhana lies to its west, Yavatmal lies to its east. The district covers an area 5,150 sq. Km. River Penganga is the main river of the district. River Arunavati and its tributaries originates in the Tehsil of Washim and it flows through the tehsils of Mangrul Pir and Manora into the district of Yavatmal. There are some parts covered by the forests in the two regions. Both the regions are protected under Katepurna Wildlife Sanctuary and Karanja Sohol Wildlife Sanctuary.

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B. Demography of Displaced Persons (DPs)

29. This section covers the demographic profile of the displaced persons, covering population, gender, age, religion and caste. The key demographic characteristics of the displaced population are discussed below.

30. As per survey, the number of total displaced households and persons are 55 and 261 respectively, with 143 males and 118 females, as shown in Table 11, the average family size is 4.7.

Table 10: Details Displaced Population Category Number Displaced Households 55 Displaced Persons 261 Male DPs 143 Female DPs 118 Source: Primary Survey, 2018

31. As per the project census survey, the religious status of the displaced households shows that 74.5%% DH belong to Hindu religion and 25.5 % belongs to Muslim religion.

Table 11: Religious Groups Religion Total No. of DH Percentage (%) Hindu 41 74.5 Muslim 14 25.5 Total 55 100 Source: Primary Survey, 2018

32. As detailed in Table 13, 83.6% of the DH live in joint families4 and remaining 16.4% of the displaced households are nuclear families; none of the households comprise large extended families5.

Table 12: Family Status and Size of Displaced Households Type of Family No. % Joint 46 83.6 Nuclear 09 16.4 Total 55 100 Source: Primary Survey, 2018

C. Social Structure among Displaced Persons (DPs)

33. There are 27 Other Backward Class (OBC) families, 5 Scheduled Caste (SC) families and the remaining 23 families are from the general category as presented in the Table 14

4 A family is a group of people directly linked by kinship, the adult members of which assume responsibility for the care of their children. A joint family is one wherein parents and their children's families live under a single roof. This type of family often includes multiple generations in the family. 5 An extended family can be defined as an egocentric network of relatives that extends beyond the domestic group. In Indian context, an extended family commonly consists of a husband and wife, their children, and other members of the husband's family.

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Table 13: Social Categories Category Number of DH Percentage (%) SC 05 9.1 OBC 27 49.1 General 23 41.8 Total 55 100 Source: Primary Survey, 2018

D. Vulnerability

34. Certain groups of the population are considered vulnerable due to their socio- economic status and thus in need of special consideration, in order to ensure that their livelihood is improved. They will have provision for special assistance allowance under the project. They will derive benefits of livelihood programs and dovetailing other schemes of the government. These groups include:

(i) The poor: DH with incomes below the poverty line 6(BPL) (ii) Members of tribal groups or Scheduled Tribes7 (ST) (iii) Members of Scheduled Castes (SC)8 (iv) Female-headed households (FHH) (v) The elderly (vi) Disabled persons (vii) Non-Titled HH

35. All the vulnerable groups indicated above were identified in the project area during the census survey. 54 of the 55 total displaced households were identified as vulnerable. As enumerated in Table 15, 21 DH are below poverty line, The SC comprise of 5 DH. Remaining 1DH is headed by female and 1 DH is headed by disable. 26 Non titled HHS do not fall under one or the other category of vulnerability have been categorized separately.

Table 14: Vulnerable Displaced Households Vulnerable Groups Number Poor HH (BPL) 21 Headed by Female 01 Headed by Disabled Persons 01 Scheduled Caste (SC) 05 Non-Titleholder 26 Total 54 Source: Primary Survey, 2018

E. Income

6 The official threshold at ₹ 32 a day in rural areas and about ₹ 47 per day in urban areas in terms of consumption and spending on per individual over a certain period for a basket of essential goods and income category of below Rs. 27000 p.a. 7 Schedule Tribes’ (ST) are one of the weaker sections of the Indian population. Article 342 of on Fundamental rights defines STs as a ‘specific tribe or tribal communities or parts or groups within tribes or tribal communities. The Constitution also enshrines their rights considering their vulnerable status in society. 8 ‘Scheduled Castes’ (SC) are defined as the lowest castes in the Hindu caste system. 23

36. Table 16 indicates that 21 DHs (38.2%) comprise low-income households with annual incomes below Rs. 27,000. In addition, - 9.1 percent of the displaced households belong to the lower middle-income group, with an annual income between Rs. 27,001 to Rs. 45,000 - 27.3 percent of the households fall within the middle-income category of Rs. 45,001 to Rs. 65,000 per annum; - 12.7percent of households are in the upper middle-income group with annual incomes ranging between Rs. 65,001 and Rs. 85,000; - 3.6 percent of the households have annual income ranging between, Rs 85,001 to Rs 100,000; and - 9.1 percent of households, i.e. 5 DHs, constitute the high-income group with incomes above Rs. 100,000 per year.

Table 15: Income level of the Displaced Households DH Annual Income (Rs.) No. % <27,000 21 38.2 . 27,001 - 45,000 05 9.1 45,001 - 65,000 15 27.3 65,001 - 85,000 07 12.7 85,001 - 100,000 02 3.6 >100,000 05 9.1 Total 55 100 Source: Primary Survey, 2018

F. Primary Income Earners and Sources of Income

37. Among the total of 55 displaced households, men are the primary income earners in 94.6% of the DH (see Table 17). In 1.8% of the DH women are the main income earners while both male and female members contribute to the incomes of 3.6% of the displaced households.

Table 16: Primary Income Earner of the Displaced Household

DH Primary Income Earner No. % Male 52 94.6 Female 01 1.8 Both 02 3.6 Total 55 100 Source: Primary Survey, 2018

G. Occupational structure

38. Among 55 DHs, business is the primary source of income for 85.5 percent DHs. A total of 7 DHs, i.e. 12.7%, derive income primarily from agricultural labor and only 1 DH i.e. 1.8% of total DHs, depend on agriculture.

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Table 17: Occupation of the Displaced Household

Source of Income No. of DH Percentage % Agricultural Labor 07 12.7 Agriculture 01 1.8 Trade/ Business 47 85.5 Total 55 100 Source: Primary Survey, 2018

H. Educational Status

39. The illiterate population accounts for 6.1% of the DPs, 6.6% are just literate and primary level educational attainment has been achieved by 27.5 % of the DPs. Those with middle school education account for 30.3% and those with education up to secondary level account for 15.2% of the total DPs. The Intermediate and Graduate people account for 8.2% and 6.1% respectively. Table 19 provides a gender segregated breakdown of the educational status of the displaced persons in the project.17nos. of the affected population are minor (0-6 yrs.)

Table 18: Educational Status of the Displaced Persons Status Male % Female % Total % Illiterate 7 5.2 08 7.3 15 6.1 Just Literate 6 4.5 10 9.1 16 6.6 Primary 23 17.2 44 40.0 67 27.5 Middle 45 33.6 29 26.4 74 30.3 Secondary 25 18.7 12 10.9 37 15.2 Intermediate 16 11.9 04 3.6 20 8.2 Graduate 12 8.9 03 2.7 15 6.1 Total 134 100 110 100 244 100 Source: Primary Survey, 2018

I. Impact on Gender

40. There are 118 female DPs and out of which, there is only 01 FHH being impacted by the LAR. This FHH are losing only kiosk and fully impacted. Relocation will be done with shifting back on the available RoW/public land and hence, the project does not require relocation outside the Project area. Therefore, there is no breakdown of communities and social network.

41. There are 2 DH where females are contributing to the family income. They perceived positive impacts in terms of access to the work site, educational institution and health facilities centers. The better connectivity will reduce the time of travel and they perceived that there will be improved communication from the existing facility.

42. During resettlement plan implementation, continuous consultations shall be done with females of the affected community.

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43. Additional vulnerability allowance will be provided to all female headed households (FHH). The women in the project area shall be motivated and assisted in opening of a joint account for receiving and using the compensation amount in a better way.

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IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Identification of Stakeholders

44. Consultations with stakeholders were carried out during various phases of project preparation. The stakeholders in the project are both primary and secondary. The primary stakeholders are Project Affected Persons (PAPs), project beneficiaries, Executing Agency, Implementing Agency especially the officials in PWD. The secondary stakeholder includes district magistrates and the revenue official’s village heads, head of Gram Panchayat, village administrative officers, village council, district council, NGO and business communities in the area.

B. Methods of Public Consultation

45. During the social assessment, consultation meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. All those points are incorporated in a pamphlet and distributed copies of it among the people. Sample of pamphlet is annexed. Consultations and discussions were held along the project with the displaced households and other stakeholders including village head men, gram panchayat members, head of households, women’s groups, shopkeepers, tenants etc. These meetings were used to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions), are detailed below in Table 20.

Table 19:Consultation Methods adopted in Project Stakeholders Method

Local communities Individual Interviews, field level observations, community consultations & meetings Individual Household Interview of Displaced 100% Survey of the total displaced Households households Village Headmen & Gram Panchayat Small discussions members (local elected representatives)

Women’s belonging to various socio- Focus Group Discussions (FGDs) economic groups Affected Shopkeepers, tenants and squatters Focus Group Discussions (FGDs)

Other vulnerable groups (SC and those BPL) Focus Group Discussions (FGDs)

Government Stakeholders (BDO, CMOs, Semi-structured interviews ANMs, Teachers etc.)

C. Findings of the Public Consultations

46. Public consultations were conducted at 3location attended by total 82 person (70Male &12 Female) in the project to ensure people’s participation during the project census survey. Table 21 below enumerates the location, number profile and key issues discussed in these consultations. Aiming at promotion of public understanding and fruitful solutions of 27 developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through public consultation. During consultation, female related issues like education, health facility, transportation, source of income, marriage etc. were discussed. The details of issue discussed, and attendance sheet of participants is as annexed in Appendix-7.

Table 20: Summary of Community Consultations Issues Number & Discussed & Steps taken to address the Village Date Profile of Concerns concerns Participants Raised 1. Main concerns - It was informed, that the regarding the present the Row has been RoW, regarding decided to be 12m, the survey and although it can be changed 12/01/2019 type of road. depending on the need of Nimbi & 17 (M); 4 (F) the design proposal. It is 27/05/2019 expected that the village road will be cemented, and the rest made of Coal tar. The survey is to analyze the extent of impact.

2. When the - It was informed that post Construction of approval of the authority/ Road will start? EA & settlement of compensation of DHs, the road construction will be 13/11/2018 Marwadi started. & 25 (M); 7(F) Kh. 27/05/2019 3. Is immediate - It was informed that shifting immediate shifting is not required and if required, before they have not, how much to shift, they’ll be duly time they will notified and compensated get to shift? as per ADB and RFCTLARRA norms

- It was informed that 4. How much improvement of road will be width required done up to 16m width and 13/11/2018 affected household gets Pimpalgaon & 28(M); 1(F) for widening compensation cost based 27/05/2019 and whether they will on the type & extent of receive any structure. kind of assistance amount?

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Public Consultation Meeting atPimpalgaon on 13/11/2018

Public Consultation Meeting at Pimpalgaon on 27/05/2019

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Public Consultation Meeting atMarwadiKh. on 13/11/2018

Public Consultation Meeting atMarwadiKh. on 27/05/2019

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Public Consultation Meeting at Nimbi on 12/01/2019

Public Consultation Meeting at Nimbi on 27/05/2019

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D. Mechanism of Disclosure

47. A summary of this Resettlement Plan (resettlement plan) shall be translated into Marathi/ and English shall be available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of project- level Disclosure workshops prior to loan negotiation will be conducted. Copies of summary resettlement plan shall also be available at the local level public offices, such as revenue offices and gram panchayat to stakeholders for local inputs prior to award of civil work contract. The final resettlement plan shall be disclosed on the ADB Website and EA website.

E. Consultation Plan for resettlement plan Implementation Period

48. The effectiveness of the resettlement and rehabilitation program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with DPs form part of the project implementation. A local NGO/ resettlement and rehabilitation implementation agency entrusted with the task of conducting these consultations during resettlement plan implementation, which involve agreements on compensation, assistance options, and entitlement package and income restoration. The consultation shall continue throughout the project implementation. The following set of activities shall be undertaken for effective implementation of the Plan:

a. The PIU, with NGO/ resettlement and rehabilitation implementation agency assistance, conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the DP’s in Plan implementation. b. During the implementation of resettlement plan, a contracted NGO/ resettlement and rehabilitation implementation agency and/or PIU, Social Development Officers (SDOs) will organize public meetings and appraise the communities about the progress in the implementation of project works, particularly in areas to be affected by road improvement. c. Consultation and focus group discussions are conducted with vulnerable groups like women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration. d. The Social Development Officer (SDO), NGO will organize public meetings to inform the community about the payment and assistance paid to the community. e. In addition, regular updates of the program and resettlement component of the project are placed for public display at the project offices. f. Participations of DPs are further ensured through their involvement in the Grievance Redress Cell. g. Lastly, EA through PIU maintain an ongoing interaction with DPs to identify problems and undertake appropriate remedial measures.

F. Consultation Outcomes Incorporated in resettlement plan

49. A major outcome of consultation during the initial stage of project implementation can be noted in terms of assessment of the affected area having PWD land and the private land. The conditions of the roads required to be immediately improved. The consultations resulted on keeping the alignment on the existing road.

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V. LEGAL FRAMEWORK

A Country Legal and Regulatory System

50. The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues of resettlement and rehabilitation of the DPs under the Maharashtra State Road Improvement Project. The acquisition of land shall be done as per the provision of Maharashtra Direct Purchasing Policy 2016.

51. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 is effective from January 1, 2014 after receiving the assent of the President of Republic of India, repealing the Land Acquisition Act, 1894. The aim of the new act is to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives and aims to ensure adequate compensation including rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected. The Act also recognizes the need for protecting the weaker sections of the society especially members of the scheduled castes and scheduled tribes.

52. 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 and acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other displaced families; (ii) provide just and fair compensation to the displaced families whose land has been acquired or proposed to be acquired or are displaced by such acquisition; (iii) make adequate provisions for such displaced persons for their rehabilitation and resettlement; (iv) ensure that the cumulative outcome of compulsory acquisition should be that displaced persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected therewith or incidental thereto. The key features of the new land acquisition act are as follows: Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II and III outline the resettlement and rehabilitation entitlements to landowners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. The Schedules IV lists out other land acquisition acts, which will be repealed with 1 year after LAAR is effective. The salient provisions of the RTFCTLARR Act relevant to the project are as follows:

1. There are three schedules incorporated in the act, Schedule I deals with compensation, schedule II with resettlement and rehabilitation and Schedule III with Civic amenities to be provided in the resettlement colony. 2. Preparation of Social Impact Assessment study including assessment of public purpose through a process of public consultation and disclosure for land acquisition proposals covered under the Act. 3. Transparent procedures to be followed in the acquisition of land from preliminary notification to award and possession and preparation and implementation of rehabilitation and resettlement schemes for those displaced by acquisition of land for public purpose. 4. Land Acquisition in Schedule Area as per the RFCTLARRA 2013, a separate Development Plan shall be formulated as per Section 41. The Development Plan will cover: 33

i. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force, provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. Documentation of this must be provided. ii. The report must provide the details of procedure for settling land rights dues. iii. Details of how to restore titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land. iv. Details of programme for development of alternate fuel, fodder and non- timber forest produce resources on non-forest lands within a period of five years, enough to meet the requirements of tribal communities as well as the Scheduled Castes. The Plan must ensure that the affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. v. The Plan must state and ensure that the resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. vi. Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. vii. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. 5. There is a separate law for settlement of forest dwellers under Forest Right Act 2006. Under the provision the settlement of dwellers belonging to ST/SC living in the forest area must be settled before any forest land diversion. 6. Under Panchayat (Extension to Schedule Areas) Act 1996 provides special provision for land being alienated by the Tribal. The provisions of this act have been incorporated in RFCTLARRA 2013. 7. Procedure and methodology for determination of market value for compensation to be provided to legal title holders. 8. Infrastructural facilities to be provided in resettlement areas and special provision for Scheduled Castes and Tribes. 9. Institutional mechanism for implementing the provision of the Act, monitoring of resettlement and rehabilitation and grievance redressal. 10. Procedure for payment of compensation. 11. Temporary possession of land.

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12. The owners of land and structures (including those having certain legal rights) proposed to be acquired and, in urban areas, those who are staying on or whose livelihood is dependent on such land for a period of 3 years prior to acquisition of land are entitled for certain compensation and benefits under the Act. 13. For legal title holders in urban areas, the compensation for land is equivalent to market value of land, value of assets attached to the land or buildings and 100%solatium on value of land. 14. For houses lost as a result of acquisition of land in urban areas, a constructed house of not less than 50 sq. plinth area (if required in multi-storied building) is to be provided for a family. Alternatively, if so desired by the PAP, a one-time financial assistance of not less than Rs. 1.5 lakhs are to be given for construction of a house. However, the location of house in terms of the distance from lost house is not prescribed. 15. In addition, the displaced family is to be provided (i) training and skill development for job to one family member in the project or one-time payment of Rs. 5 lakhs or annuity policies that pay Rs. 2,000 per month per family for 20years indexed to CPI (ii) monthly subsistence allowance of Rs. 3,000 per month for a period of one year (iii) one-time financial assistance of Rs. 50,000 towards transportation cost for shifting (iv) one-time resettlement allowance of Rs.50, 000(v) one-time repair allowance of Rs. 20,000 towards dismantling of GIC sheet structures. 16. Each petty shop owner / small trader / self-employed person and family owning non-agricultural land, or commercial, industrial or institutional structure is to be provided one-time financial assistance of minimum Rs. 25,000 for construction of shop. 17. The stamp duty and registration charges for the land and house to be provided to the PAPs shall be borne by the acquiring body. It may be seen that while elaborate provisions for compensation and resettlement and rehabilitation benefits are made for those displaced due to the acquisition of land for the project, the Act does not prescribe any benefits for occupants of structures located on public (Government) land and affected by the project. Further, the Act does not envisage any resettlement benefit for occupants/ owners of structures used for other than residential purposes and affected by the project. The Central Board of Direct Taxes vide Order dated 25/10/2016 has clarified that the compensation received in respect of award or agreement, which has been exempted from levy of income tax vide Section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961.

B. ADB Safeguard Policy Statement (SPS), 2009

53. The objectives of ADB's SPS (2009) regarding involuntary resettlement are: a. to avoid involuntary resettlement wherever possible; b. to minimize involuntary resettlement by exploring project and design alternatives; c. to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and d. to improve the standards of living of the displaced poor and other vulnerable groups.

54. 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;

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(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.

55. 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 levels and to improve the standard of living of displaced poor and other vulnerable groups.

C. Maharashtra Direct Purchase Policy

56. The land will be acquired under Maharashtra Direct Purchase Policy 2016 in this project. The Government Decision No. SANKIRNA -03/2015/ Para Kra 34/A-2 dated 12thMay 2015, Revenue & Forest Department, Govt. of Maharashtra. Generally, for a different project, the private land required, is acquired as per the prevailing Land Acquisition Act by concerned Land Acquiring Institution. However, if the land required by Land Acquiring Institution is acquired by direct purchase method instead of acquiring as per Land Acquisition Act which is not prohibited through direct purchase method it shall be done considering following directive principles: a) Directive Principle – Land required for new projects other than irrigation project. While acquiring land through direct purchase method, land shall be acquired for the entire project. b) District level committee for deciding compensation – A committee shall be constituted under the Chairmanship of Collector to decide the rate of land being acquired through direct purchase method. The committee shall comprise the following: 1. District Collector – Chairman 2. Superintending Engineer Irrigation – Member 3. Superintending Engineer PWD – Member 4. District Government Pleader – Member 5. Assistant Director of Town Planning – Member 6. Competent Authority of acquiring body – Member 7. Concerned Deputy Collector (Land Acquisition) – Member 57. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 30th Sept. 2015, Revenue & Forest Department, Govt. of Maharashtra. The Govt. Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12 May 2015 was amended on 30th September 2015 in view of difficulties faced in processing the land acquisition of private land for irrigation and other projects. a) Directive Principles: Sr. No. 2 was amended “which are related to irrigation projects covering both new projects as well as incomplete projects”. b) District level committee for deciding compensation: In Sr. No. (i) for invitee member – Districts where Superintending Engineer Post of Irrigation/ PWD Dept. is not available, the concerned Chief Engineer shall authorize the Superintending Engineer of adjacent district. In Sr. No. (ii) “Advocates on a panel of Acquiring Institution” has been added after through Govt. Pleader.

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58. Procedure for deciding compensation – “For Project … then 25% should be added on the above-calculated compensation” thereafter “while considering market value as per Land Acquisition Act article 26(1), the average of sale deeds for preceding 3 years shall be taken. In the column of purchase and Index-2 shall reflect all the components considered for deciding the compensation package independently (market rate, amount as per notified multiplying factor, compensation against assets connected with the land, solatium, 25% additional compensation due to consent for Direct Purchase Method etc.). While deciding the market value for further purchases the amount of market value included in the compensation package as per Land Acquisition Act 2013 shall only be considered, other components (Amount as per notified multiplying factor, compensation against assets connected with the land, solatium, 25% additional compensation on land valuation due to consent for Direct Purchase) shall not be considered.

59. The process to be followed under the policy is summarized below.

i. To Identify the land required ii. Submit the proposal to the collector office as per Performa “C”, annexed as Appendix 9 iii. Publish the notice in at least two most selling local language newspaper in the district iv. To take permission letter/ NOC from the landowner v. The consent is obtained from the owner (A copy of Consent form is annexed as Appendix-9) vi. Authorized Office of the PWD department will Demarcate the Land to be acquired vii. Preparation of Legal Search Report viii. Valuation of the private land based on the previous 3 years records ix. To appoint the district level committee for compensation of land x. Execution of Sale deed based on the legal search report xi. If the land falls in schedule area, then land must be acquired under the provision of RFCTLARRA 2013. xii. In case of failure of direct purchase Policy, the land shall be acquired as per the provision of RFCTLARRA-2013.

D. Comparison of Country and ADB Policy and Measures to Fill Gaps

60. A detailed policy comparison between ADB’s Safeguard Policy Statement, 2009, and RFCTLARRA, 2013, identified gaps and gap filling measures in the RF are given in following Table 22.

Table 21: Detailed Policy Comparison

Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) 1 Screen project Screen the project to Section 4 (I) it is No gap in conduct of identify past, present obligatory for the social impact analysis and future involuntary appropriate Government between RFCTLARR resettlement impacts that intend to acquire and SPS and risks. land for a public purpose Conduct survey to carry out a Social Gap in screening past, and/or census of Impact Assessment present and future displaced persons, study in consultation with involuntary 37

Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) including a gender concerned Panchayat, resettlement impacts analysis, specifically Municipality or Municipal and risks The Project related to Corporation, as the case will undertake resettlement maybe, at village level or screening of all ward level in the affected projects using the area. The Social Impact ADB involuntary Assessment study report resettlement checklist, shall Be made available to identify past, to the public in the present and future manner prescribed involuntary undersection 6. resettlement impacts and risks. 2 Consult Carryout Whenever a Social Gap in continuous stakeholders consultations with Impact Assessment is meaningful and establish displaced persons, required to be prepared consultation. The grievance host communities and under section 4,the project will ensure redress concerned NGOs. appropriate Government meaningful mechanism Informally displaced shall ensure that a consultation persons of their public hearing is held at throughout the project entitlements and the affected area, after cycle. resettlement options giving adequate publicity about the date, time and Gap in establishing a venue for the public project-level GRM for hearing, to ascertain the projects that do not views of the affected have significant families to be recorded resettlement impacts. and included in the Social Impact The Project will Assessment Report. establish project-level The Land Acquisition GRM. 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. 3 Improve or at Improve or restore the The Deputy No gap between SPS least restore, livelihoods of all Commissioner (DC) and RFCTLARR. the livelihoods displaced persons having determined the Assets to be of all displaced, through:(i) land-based market value of the land compensated at and payment at resettlement to be acquired shall replacement cost replacement strategies; (ii) prompt calculate the total without depreciation cost replacement of assets amount of compensation with access to assets to be paid to the of equal or higher landowner (whose land value,(iii) prompt has been acquired) by compensation at full including all assets replacement cost for attached to the land.

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Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) assets that cannot be restored, and(iv) additional revenues and services through benefit sharing schemes where possible. 4 Assistance for Provide physically Schedule I, provides No gap between SPS displaced and economically market value of the land and RFCTLARR. persons displaced persons and value of the assets Entitlement Matrix with needed attached to land. outlines compensation assistance Schedule II provides and assistance for resettlement & APs. rehabilitation package for landowners and for livelihood losers including landless and special provisions for Scheduled Tribes. 5 Improve Improve the Special provisions are No gap between SPS standard of standards of living of provided for vulnerable and RFCTLARR. living of the displaced poor groups. Entitlement Matrix displaced and other vulnerable outlines assistance for vulnerable groups, especially vulnerable groups, as groups those below the defined by ADB policy. poverty line, the landless, the elderly, women, children, indigenous peoples, and those without title to land, to at least national minimum standards 6 Negotiated Develop procedures Section 46 of To ensure a fair and settlement in a transparent, RFCTLARR Act, 2013 transparent process, a consistent, and permits direct purchase third-party equitable manner if of land and undertaking independent monitor land acquisition is direct negotiation with will be hired to certify through negotiated the landowner. the process the settlement to ensure negotiated purchase that those people who was undertaken in a enter into negotiated transparent, consistent settlements will and equitable manner. maintain the same or better income and livelihoods status 7 Compensation Ensure that displaced Schedule II provides Gap between SPS for nontitle persons without titles benefits to families and RFCTLARR. holders to land or any whose livelihood is The project recognizable legal primarily dependent on Entitlement Matrix rights to land are land acquired outlines compensation eligible for and assistance for resettlement nontitle holders, assistance and including squatters, 39

Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) compensation for loss encroachers and of non-land assets. In sharecroppers. the rural area, provide them with access to resources. In the urban area, provide them with access to housing. 8 Prepare Prepare a Preparation of No gap between SPS resettlement resettlement Rehabilitation and and RFCTLARR. plan plan/indigenous Resettlement Scheme resettlement plan will peoples plan on including timeline for be prepared for displaced persons’ implementation. Section: projects with impact. entitlements, the 16. (1) and (2). Separate income and livelihood development plans to be restoration strategy, prepared. Section 41 institutional arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule.

9 Disclose Disclose a draft Under clause 18, the No gap between SPS resettlement resettlement plan, Commissioner shall and RFCTLARR. The plan including cause the approved RF and resettlement documentation of the Rehabilitation and plans will be disclosed consultation Resettlement Scheme to to affected persons. processing a timely be made available in the manner, before local language to the project appraisal, in Panchayat, Municipality an accessible place or Municipal and a form and Corporation. As the language(s) case maybe, and the understandable to offices of the District displaced persons Commissioner (DC) the and other Sub-Divisional stakeholders. Magistrate and the Disclose the final Taluka, and shall be resettlement plan and published in the affected its updates to areas, in such manner displaced persons as maybe prescribed and other and uploaded on the stakeholders website of the appropriate Government.

10 Cost of Include the full costs Section 16. (I) Upon the No gap between SPS resettlement of measures publication of the and RFCTLARR. proposed in the preliminary Cost of resettlement resettlement plan and Notification under sub- will be covered by the indigenous peoples section(/) of section II by EA. plan as part of the Collector, the

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Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) project’s costs and Administrator for benefits. For a project Rehabilitation and with significant Resettlement shall involuntary conduct a survey and resettlement impacts, undertake a census of consider the affected families, in implementing the such manner and within involuntary such time as may be resettlement Prescribed, which shall component of the include:(a) particulars of project as a stand- lands and immovable alone operation. properties being acquired of each affected family;(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected 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 11 Taking over Pay compensation 38 (I) The Collector shall No gap between SPS possession and provide other take possession of Land and RFCTLARR. before payment resettlement after ensuring that full of entitlements before payment of compensation physical or economic compensation as well as displacement. rehabilitation and Implement the resettlement resettlement plan entitlements are paid or under close tendered to the entitled supervision persons within a period throughout project of three months for the implementation. compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the 41

Fair Compensation Involuntary and Transparency in ADB Safeguard Sl. Resettlement Land Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) date of the award made undersection 30. 12 Monitoring Monitor and assess 48 (I)The Central RFCTLARR does not resettlement Government may, specify the frequency outcomes, their whenever necessary for of monitoring. The impacts on the national or inter-State Project will prepare standards of living of projects, constitute a monitoring reports displaced persons, National Monitoring semi-annually as per and whether the Committee for reviewing SPS. objectives of the and monitoring the resettlement plan implementation of have been achieved rehabilitation and by considering the resettlement schemes or baseline conditions plans under this Act. and the results of resettlement monitoring. Disclose monitoring reports.

E. IR Policy Adopted for the Project

61. Based on the analysis of the national legal framework, State Rules on LA Act-2013, State policy and ADB policy, the following resettlement principles are adopted for this sub- project.

a. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. 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 maximize the ROW and ensure involuntary resettlement is avoided or minimized.

b. Carry out meaningful consultations with displaced persons, host communities, and concerned nongovernment 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 attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, 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.

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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 settlement9to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

g. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

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

9 ADB SPS 2009 (Safeguards Requirements 2) does not apply to negotiated settlements. The policy is to encourage acquisition of land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with displaced 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 43

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. Payment of compensation and resettlement assistance as per RFCTLARRA- 2013 (as adopted by Maharashtra Govt.)/Direct Purchase Policy of Maharashtra-2016 and following the entitlement matrix included in the resettlement plan.

l. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. m. 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 considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

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VI. ELIGIBILITY AND ENTITLEMENTS

A. Eligibility under the Project

62. The eligibility of compensation, all the DPs will be provided with compensation and rehabilitation if (i) their land is lost/reduced (ii) income source adversely affected permanently or temporarily, (iii) houses partially or fully demolished, and (iv) other properties such as crops, trees and other assets or access to these properties are reduced or damaged due to the project. Absence of legal documents of their costmary 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 change in the alignments, thereby adversely affecting the land, livelihood or other assets of the people, the same shall be compensated in accordance with the resettlement plan.

63. The resettlement plan stipulates payment of compensation as per the assessed value of the land and structure to the DPs. In addition to the compensation payments made by the Land Acquisition. Officer/Competent Authority, the DPs will receive additional assistance in cash or kind to match replacement costs, as applicable, for lost assets (land and houses), transaction costs such as stamp duties/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. The vulnerable household such as household headed by women, scheduled tribes/scheduled castes, disabled and elderly persons will be eligible for further cash assistance for relocation and house reconstruction and will be assisted during shifting if required.

64. In this project, displaced persons will include (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements shall apply to all three types of displaced persons. DPs entitled for compensation, assistance and rehabilitation provisions under the project are: (i) all DPs losing land either covered by formal legal title, recognizable title, or without legal status; and (ii) DPs losing business, income, and wages/salaries.

65. Considering the various losses, the entitlement matrix provides for compensation and resettlement assistance to all displaced persons including the non-titleholders in the project area. In general terms, the people displaced by the project will be entitled to the following types of compensation and assistance:

a. Compensation for the loss of land, crops/ trees at their replacement cost; b. Compensation for structures (residential/ commercial/ residential cum commercial) and other immovable assets at their replacement cost; c. Assistance in place of the loss of business/ wage income and income restoration assistance; d. Assistance for shifting and provision for the relocation site (if required), and e. Additional assistance to vulnerable groups, namely female-headed households, scheduled castes (SC), scheduled tribes (ST), those below the poverty line, elderly, landless and disabled. f. One-time Resettlement Allowance or Repair Allowance g. Rebuilding or restoration of community resources and facilities

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B. Entitlement Matrix

66. The broad entitlement of compensation and assistance will include compensation for loss of agricultural land, compensation for loss of crops and trees, assistance for loss of income and additional assistance to vulnerable groups. Income losses will be compensated, and no structure and property will be demolished or acquired for any Project related construction activity, until compensation and resettlement and rehabilitation assistance is made available to the displaced households in accordance with this policy. The payment of compensation and assistance will be based on National and ADB’s policies and the provisions of the ADB’ SPS, 2009 will prevail in case of any discrepancy. The Entitlement matrix has been prepared as per the project requirement. The detailed entitlement matrix is given in Table 23 below:

Table 22: Entitlement Matrix Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency Land

1-a Loss of Agricultural Legal • Compensation for land as per • Compensatio District Collector/ private land land, titleholders/ Maharashtra Direct Purchase n accounts for shall determine homestead Family with Policy 2016. Wherever policy all taxes and the market value land or traditional will not be applicable10 then fees, shall be of the land and vacant plot titleholders compensation of land as per borne by the multiply by the LARR 2013 Which shall not project and factors and add below replacement cost does not 100% solatium • Each affected family shall be account for as specified in eligible for one-time assistance any LARR Act. of 25% of Compensation As per depreciation. MPWD will Maharashtra direct purchase • Re-titling to ensure provision policy 2016 be completed of notice. MPWD • Subsistence allowance of Rs. prior to project will verify the 36000 to each displaced family. completion extent of impacts Additional Rs. 50000 to SC and through a 100% ST households in case of survey of DPs, displacement from Schedule determine Area assistance, and identify vulnerable households.

1-b Loss of Agricultural Tenants and • Compensation for rental • Land/struct MPWD will private land land, leaseholders deposit or unexpired lease ure owners will confirm land homestead (whether having (such amount will be deducted reimburse rental and land or written from the compensation of tenants and ensure tenants vacant plot tenancy/lease landowners). leaseholders and leaseholders documents or rental deposit receive not / or unexpired reimbursement Sharecroppers lease. for land rental deposit or unexpired lease, and report to MPWD. MPWD will ensure provision of notice.

2-a Loss of Vacant Leaseholders • Compensation for land as per • Compensatio MPWD will Governmen plot, given Rights Maharashtra Direct Purchase n accounts for ensure provision t land Agricultural over the land Policy 2016. Compensation for all taxes and of notice and land, identify

10The Maharashtra direct purchase Policy will not be applicable in case of: (a) for land acquisition in schedule area, (b) Consent not obtained and (c) Acquisition of land with unclear/disputed title.

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Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

homestead rental deposit or unexpired fees and does vulnerable land lease (such amount will be not account households. deducted from the for any compensation of the lessee). depreciation. • Re-titling to be completed prior to project completion

2-b Loss of Agricultural Non-Title • At least 60 days’ notice to shift • Identification MPWD will Governmen land within Holders/ from occupied land. of NTH ensure provision t land RoW of Squatters, • Notice to harvest seasonal through of notice. road Encroachers crops Project MPWD will • Compensation for damage to Census identify standing crops. Survey vulnerable households. Residential Structures

3-a Loss of Residential Legal titleholders • Each affected family shall be • Compensatio District Collector residential structure eligible for Replacement cost of n accounts shall determine structure and other Family with the structure and other assets for all taxes the market value assets traditional land (or part of the structure and and fees and of the structure right other assets, if remainder is does not and add 100% viable without depreciation) account for solatium as • Fees, taxes, and other charges any specified in related to replacement depreciation. LARR Act. structure. • Assessment MPWD will verify • Right to salvage materials from of viability of the extent of structure and other assets with remaining impacts through no deductions from structure will a 100% survey of replacement value. be made in DHs determine • Each displaced family shall get consultation assistance, verify subsistence grant of Rs. with DPs and identify 36,000 @ Rs. 3,000 per month vulnerable for 12 month and additional households. 50000 to SC and ST in case of Schedule Area as defined in RFCTLARRA-2013 • Each displaced family11 shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate - @ Rs.10000

3-b Loss of Residential Tenants and • Each (Owner) affected family • Land/structur MPWD will verify residential structure leaseholders shall be eligible for e owners will the extent of structure and other Replacement cost of the reimburse impacts through assets structure and other assets (or tenants and 100% surveys of part of the structure and other leaseholders DHs determine assets, if remainder is viable rental deposit assistance, verify without depreciation) and identify

11 Displaced family for eligibility under this entitlement matrix means the family losing more than 10% of main structures affected by this Project. 47

Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

• Fees, taxes, and other charges or unexpired vulnerable related to replacement lease. households. structure. • Right to salvage materials from structure and other assets with no deductions from replacement value. Each Tenant displaced family shall get • one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate - @ Rs.10000

3-c Loss of Residential Non-Title • Each affected family shall be • Cattle sheds, MPWD will verify residential structure Holders: eligible for Replacement cost of petty shops the extent of structure and other Squatters and the structure and other assets shall be impacts through assets Encroachers (or part of the structure and identified a 100% survey of other assets, if remainder is during DHs determine viable without depreciation) census. assistance, verify • Fees, taxes, and other charges and identify related to replacement vulnerable structure. households. • Right to salvage materials from structure and other assets with no deductions from replacement value. • Each displaced family shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate - @ Rs.10000

Commercial Structures

4-a Loss of Commerci Legal titleholders • Each affected family shall be • Compensatio MPWD will verify commercial al structure eligible for Replacement cost of n accounts for the extent of structure and other Family with the structure and other assets all taxes and impacts through assets traditional land (or part of the structure and fees and does a 100% survey of right other assets, if remainder is not account DHs determine viable without depreciation) for any assistance, verify • Fees, taxes, and other charges depreciation. and identify related to replacement vulnerable structure. • Cattle sheds, households. • Right to salvage materials from petty shops, structure and other assets with small traders no deductions from and artisans replacement value. shall be • Each displaced family shall get identified one-Time resettlement during allowance of Rs.50000 census.

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Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • One-time financial assistance of Rs. 25,000 to affected traders and small artisans • All displaced families will receive one-time shifting assistance at following rate - @ Rs.10000

4-b Loss of Commerci Tenants and • Each (Owner) affected family • Land/structur MPWD will verify commercial al structure leaseholders shall be eligible for e owners will the extent of structure and other Replacement cost of the reimburse impacts through assets structure and other assets (or tenants and a 100% survey of part of the structure and other leaseholders DHs determine assets, if remainder is viable land rental assistance, verify without depreciation) deposit or and identify • Fees, taxes, and other charges unexpired vulnerable related to replacement lease. households. structure. • Right to salvage materials from • Cattle sheds, structure and other assets with petty shops, no deductions from small traders replacement value. and artisans Each Tenant displaced family shall be shall get identified • One-Time resettlement during allowance of Rs.50000 census. • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • One-time financial assistance of Rs. 25,000 to the families losing traders and small artisans • All displaced families will receive one-time shifting assistance at following rate - Rs.10000

4-c Loss of Commerci Non-Title • Replacement cost of structure • Compensatio MPWD will verify commercial al structure Holders/Squatter constructed without n accounts the extent of structure and other s, Encroacher depreciation for all taxes impacts through assets • Extended Permanent Shed and fees and 100% surveys of shall be paid Rs. 10000 lumps does not DHs determine sums account for assistance, verify • Right to salvage materials from any and identify structure and other assets depreciation. vulnerable • Each displaced family shall get households. one-Time resettlement • Cattle sheds, allowance of Rs.50000 petty shops, • All displaced families will small traders receive one time shifting and artisans assistance at following rate shall be - identified - @ Rs.10000 during census. 49

Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

4-d Loss of Commerci kiosk • One time shifting allowance • One time MPWD will verify commercial al structure @10000 shifting the Kiosks structure allowance for through 100% shifting within surveys of DHs the remaining land

4-e Loss of Projection Structures with • One-time repair grant @20000. • One-time MPWD will verify commercial/ frontage GCI sheets repair the Kiosks Residential allowance for through 100% structure projections of surveys of DHs commercial or residential structures constructed by GCI sheets

Livelihood

5 Loss of Livelihood Legal titleholder • Skill up-gradation training for • Small traders, MPWD will verify livelihood losing business/ one member of the affected shops and the extent of commercial family as recommended by family losing impacts through establishment district administration as per livelihood a 100% survey of prevailing government shall be DHs determine Family with program subject to maximum identified assistance, verify traditional land of Rs. 25,000. during the and identify right • Support to access government census. vulnerable income generating and households. Commercial development programs. tenant For Agricultural laborer (long Commercial timer) only those leaseholder who are in fulltime / Employee in permanent commercial employment of establishment the landowner will be eligible for Sharecropper this assistance. Seasonal Agricultural agricultural laborer (long laborers will not term) be entitled for this assistance. Artisans

Self-employed

Squatters Trees and Crops

6 Loss of Standing Legal titleholder • 60 days advance notice to • Harvesting MPWD will trees and trees and harvest crops, fruits, and prior to ensure provision crops crops Family with timbers. acquisition of notice. traditional land • Compensation for standing will be Valuation right crops in case of such loss, accommodat Committee will based on an annual crop cycle ed to the undertake Agricultural at market value extent valuation of tenant/ • Compensation for trees based possible standing crops, leaseholder on timber value at market price, • Work perennial crops and compensation for schedules will and trees, and Sharecroppers perennial crops and fruit trees finalize

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Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

at annual net product market avoid harvest compensation value multiplied by remaining season. rates in productive years; to be • Seasonal consultation with determined in consultation with crops will be DPs. the Forest Department for given at least timber trees and the 60-day Horticulture Department for notice. If other trees/crops. notice cannot be given, compensatio n for standing crops will be compensated at market value. • Market value of trees/crops has to be determined.

Vulnerable

7 Impacts on All impacts Vulnerable DPs • One-time lump sum assistance • Vulnerable MPWD will verify vulnerable of Rs. 25000 to vulnerable households the extent of DPs households. This will be paid will be impacts through above and over the other identified 100% surveys of assistance provided in items 1- during the DHs determine a, 1-b, 2-a, 2-b, 3-a, 3-b, 3-c, 4- census and assistance, verify a, 4-b, 4-c, and 5. implementati and identify • Receive income restoration on of project. vulnerable training program under the households. project. • Access to basic utilities and The MPWD with public services support from the CSC and NGO will conduct a training need assessment in consultations with the displaced persons so as to develop appropriate income restoration schemes.

Suitable trainers or local resources will be identified by MPWD and NGO in consultation with local training institutes.

Temporary Loss

8 Temporary Land Legal titleholders • Any land required by the • Assessment MPWD will loss of land temporarily Project on a temporary basis of impacts if ensure required for Family with will be compensated in any on compensation is sub-project traditional land consultation with the structures, paid prior to site right landholders. assets, crops being taken over 51

Type of Definition of Implementatio Responsible S.N. Application Compensation Policy Loss Entitled Person n Issues Agency

constructio • Rent at market value for the and trees due by contractor. n period of occupation to temporary Contractor will be • Compensation for assets at occupation. responsible for replacement cost site restoration. • Restoration of land to previous • Site or better quality. restoration. • Location of construction camps will be fixed by contractors in consultation with Government and local community.

9 Temporary • Legal • Identification of alternative • Contractors MPWD& disruption of titleholders, temporary sites to continue will perform Contractor livelihood non-titled DPs economic activity. actions to • 60 days advance notice minimize regarding construction income/acces activities, including duration s loss. and type of disruption. • 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 consistent with the EMP. Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.

Common Resources

10 Loss of Common • Communities • Replacement cost or Follow ADB MPWD with common property restoration of the affected SPS NGO. property resources community property. resources

Other

11 Any other • Unanticipated involuntary • MPWD will MPWD loss not impacts will be documented finalize the identified during the implementation entitlements phase and mitigated based on in line with provision made in the RF. ADB’s SPS, 2009.

Note: (1) No resettlement and rehabilitation entitlement shall be repeated. (2) No entitlements are subject to change unless any new legislation / amendment or any Government orders invokes such changes mandatory.

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VII. INSTITUTIONAL ARRANGEMENTS

A. Institutional Requirement

67. For implementation of resettlement plan there will be a set of institutions involved at various levels and stages of the project. For successful implementation of the resettlement plan the proposed institutional arrangement with their role and responsibility has been outlined in this section. The following are the primary institutions, who will be involved in this implementation process: i) Maharashtra Public Works Department (MPWD), Govt. of Maharashtra ii) ADB-Project Management Unit (PMU) iii) Project Implementation Unit (PIU) iv) Non-Government Organization (NGO)

B. Executing Agency

68. The Executing Agency for the Project is MPWD, Government of Maharashtra. The MPWD has established a PMU at its headquarters in . This office will be functional for the whole project duration. The PMU, headed by Chief Engineer, will have overall responsibility for implementation of loan and will also be responsible for the overall coordination among ADB, Government of Maharashtra and Project Implementation Units (PIU).

C. Project Management Unit

69. ADB-PMU will do the overall coordination, planning, implementation, and financing. The PMU will engage two Focal Safeguard Officer (FSO) with the rank of Superintending Engineer to ensure social and environmental safeguard compliance of MSRIP is consistent with ADB SPS and GOI norms. The FSO will assist the respective Project Implementation Units and NGO for planning and implementation of resettlement activities in the project. Some of the specific functions of the PMU in regard to resettlement management will include:

a. Overall responsibility of implementation and monitoring of resettlement and rehabilitation activities in the project b. Ensure availability of budget for resettlement and rehabilitation activities c. Liaison lined agencies support implementation of resettlement and rehabilitation d. Selection and appointment of the NGOs e. Coordinating with line Departments, Project Implementation Units, project management services consultants, authority engineers and NGOs

Project management services consultant. Project implementation support, including safeguards implementation, will be provided to the PMU by a project management services consultant (PMSC). The PMSC will have a gender and social development specialist to assist the PMU to oversee the implementation of the resettlement plans, gender-related actions, and other social development activities. The specialists will support the PMU in monitoring the implementation of social development activities under the project; review of social and environmental monitoring reports submitted by the NGO, authority engineer (AE) and /or contractors; and prepare the semi-annual monitoring report for submission to ADB.

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D. Project Implementation Unit

70. Project Implementation Unit (PIU) will be established at district/project level for the implementation of project resettlement activities. It will be headed by Superintending Engineer assisted by Executive Engineer. The Superintending Engineer will be overall in charge of the division. The Executive Engineer will be the Resettlement Officer. Project Implementation Unit will appoint/ designate an Assistant Resettlement Officer (ARO) in the rank of Assistant Engineer per sub project, who will either be deputed to the PIU or engaged on contractual basis having adequate land acquisition implementation/resettlement experience. The staffs at the Project Implementation Unit level will be provided with the training by the social/ resettlement specialist of the Authority Engineer for implementation of the resettlement plan. The Project Implementation Unit will maintain all databases, work closely with DPs and other stakeholders and monitor the day today resettlement activities. Some of the specific tasks to be performed by PIU include:

• Translation of resettlement plan in local language; • Liaison with district administration for dovetailing government’s income generating and developmental programs for the DPs; • Ensure the inclusion of those DPs who may have not been covered during the census survey; • 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; • Monitor physical and financial progress on land acquisition and resettlement and rehabilitation activities; • Participate in regular meetings in GRC; and • Organize monthly meetings with the NGO to review the progress on resettlement and rehabilitation

71. For land acquisition, as per the procedure laid down under the Direct Purchase Policy of GoM, representatives of local self-government institutions will be appointed. He/She will be responsible to make independent valuation of land/other assets based on existing market replacement cost and for completion of land acquisition on behalf of EA.

73. Authority Engineer. The project will have two authority engineers (AE) who will be responsible for supervising implementation of the resettlement plan, gender action plan, and other social development activities of the project. Each AE will include a gender and social development specialist who will be responsible for site level supervision and monitoring. The specialist will be responsible for the following: (i) guide the implementation of the resettlement plans; (ii) help set up an internal monitoring system; (iii) participate and monitor the project- level grievance redress committee; and (iv) support the preparation of the semi-annual social monitoring reports. The expert will review and verify the progress monthly progress prepared by the implementation NGO. He/she will prepare quarterly social monitoring reports for submission to the PMU. The quarterly reports will be consolidated into a semi-annual social and environment monitoring report by the PMS, for further submission to ADB.

E. Nongovernment Organization

72. The PMU will engage an NGO with experience in resettlement and rehabilitation will be engaged to assist PIU in the implementation of the resettlement plan. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist DP in income restoration by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Considering the significant role of the NGO in resettlement plan implementation, it is extremely important to select NGO that are capable, genuine and

54 committed to the tasks assigned in order to ensure the success of the Plan. NGO will be hired for a group of projects which will manage the project resettlement activities, but the cost is proposed in each project keeping in view the PWD norms of requirement of advance administrative approval. The Terms of Reference for the NGO is appended as Appendix10.

73. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in Table 24.

Table 23: Roles and Responsibilities of Different Agencies for resettlement plan Implementation

Activity Agency Responsible Establishment of Social and Resettlement Unit I n ADB-PMU ADB-PMU and appointment of Focal Person (Social) Organizing resettlement training workshop ADB-PMU Social Assessment and Preparation of land acquisition plan, ADB-PMU through Design Resettlement Plan (resettlement plan) Consultant Hiring of (Non-Government Organization) NGOs ADB-PMU Public consultation and disclosure of resettlement plan PIU / Design Consultant/NGO Co-ordination with district administration for land acquisition PIU / Design Consultant Declaration of cut-off date ADB-PMU/ PIU Review and obtaining of approval of resettlement plan form ADB-PMU ADB Payment of replacement cost and allowance PIU Notify the date of commencement of construction to DPs PIU/NGO Assistance in relocation, particularly for vulnerable groups PIU / NGO Monitoring of resettlement plan Implementation PIU /NGO

74. An organogram for the institutional arrangement is presented below in Figure 2

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MPWD

Chief Engineer, PMU

PMSC

Superintending Engineer, PIU AE

Executive Engineer, PIU NGO

Assistant Engineer/ARO

Figure 2: Institutional Arrangement for Resettlement and Rehabilitation

F. Capacity Building

75. Close consultations were held with all the concerned departments to have an initial level of capacity assessment and capacity building exercise in the relevant agencies during the preparation of this resettlement plan. The MPWD has already established an ADB-PIU and needs appointment of a designated officials dealing with the land acquisition and resettlement for the project.

76. To allow an effective execution of all resettlement plan related tasks some expansion of the capacity on resettlement plan currently available at EA may be needed. During the first ADB supported project, the EA has only designated one Executive engineer as Social Development Officer at HQ level. Keeping in view the current resettlement impacts and activities, it is suggested that a full time Officer preferably from Revenue department as SDO will be placed at ADB-PIU level. Additionally, it is suggested that at field level PIU an Assistant Engineer level officer will be designated as ARO for project level resettlement plan implementation. As an advance action, the EA has initiated the process of deputing Focal person (Social).

77. All concerned staff both at head office and field level involved in land acquisition and resettlement activities have undergone an orientation and training in ADB resettlement policy and management. In addition, the PMSC will train to the field office staff during the project implementation on specific topics, including: i) Government of India and ADB policy frameworks and requirements on land acquisition and resettlement ii) Resettlement and rehabilitation policy and procedure adopted for MSRIP iii) Implementation arrangements and schedule activities iv) Monitoring and reporting mechanism v) Consultation and grievance redress

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VIII. GRIEVANCE REDRESS MECHANISM

78. Grievances related to the implementation of the project, particularly regarding the resettlement plan Implementation will be acknowledged, evaluated, and responded to the complainant with corrective actions proposed using understandable and transparent processes that are gender responsive, culturally appropriate, and readily accessible to all segments of the affected people. The responsibility agency for addressing the grievances along with proper timelines will be clearly indicated. Records of grievances received, corrective actions taken, and their outcomes will be properly maintained and form part of the social monitoring report to ADB.

79. A Grievance Redressal Committee (GRC) will be established at two-levels, one at the District or PIU level and another at PMU level. The GRC will provide an opportunity affected person to have their grievances redressed. Depending on the nature and significance of the grievances or complaints, the GRM will comprise procedures to address grievances at the project site or PIU level, PMU level. Most serious complaints which cannot be addressed at the PIU level will be forwarded to the PMU.

80. During preparation of resettlement plan and during pre-construction stage, the local communities in the project area will be informed by the PMC and PIU on the grievance redress procedure and the contact persons for lodging complaints. Provisions shall also be made for lodging complaints at the respective PWD’s website.

1. Level 1: PIU and field level

81. Grievance related to the implementation of resettlement plan will be addressed by the PIU. The grievance redress mechanism will be accessible to people throughout the length of the road in the subproject. The resettlement staff of PIU and NGO will facilitate displaced persons in registering their grievances at the PIU level. A complaint register will be maintained at PIU level and also at the field level I to facilitate ease of access of the DPs to the grievance redress mechanism. The details related to the date of complaint, complaint, date of personal hearing, action taken, and date of communication sent to complainant will be recorded. This complaint register will be initiated at the PIU level as soon as possible. Investigation of grievances will involve site visits and consultation with relevant parties like displaced persons, contractors etc. At the PIU level the GRC will comprise of the:

(i) Superintending Engineer (Chairperson) (ii) representative from the affected village (iii) representative for women from a relevant agency which could be from the government, or NGO or local community (iv) implementing NGO

2. Level 2: State Level

82. Grievances not redressed at the PIU level will be brought to the State level GRC. The State level GRC will be headed/chaired by the Chief Engineer, PMU. The state level GRC will comprise of the following:

(i) Chief Engineer (CE, Chairperson) (ii) FSO (iii) Superintending Engineer (SE) of concerned field unit (iv) Team Leader of the NGO

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83. The main responsibilities of the GRC at both the levels will be to: (i) provide support to DPs on problems arising from land/property acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the EA of serious cases; and (iv) report to DPs on developments regarding their grievances and decisions of the GRC. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance.

84. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were affected, and final outcome. The GRCs will continue to function during the life of the Project. The GRC is expected to resolve grievances of the eligible persons within a stipulated time of 3 weeks at the PIU level and 3 weeks at the state level.

85. All costs involved in resolving the complaints (meetings, consultations, communication and reporting / information dissemination) will be borne by the Project.

3. Court of Law

86. The displaced person is free to access the country’s legal system at any time and at any stage although Project GRM is the preferred route.

4. ADB Accountability Mechanism.

87. If the established GRM is not able to resolve a grievance, the affected person also can use the ADB Accountability Mechanism through directly contacting (in writing) the Complaint Receiving Officer at ADB headquarters or the ADB India Resident Mission (INRM). Before submitting a complaint to the Accountability Mechanism, it is necessary that an affected person make a good faith effort to solve the problem by working with the concerned ADB operations department and/or INRM. Only after doing that, and if they are still dissatisfied, the Accountability Mechanism will consider the compliant eligible for review. The complaint can be submitted in any of the official of ADB’s developing member countries. The ADB Accountability Mechanism information will be included in the project-relevant information to be distributed to the affected communities, as part of the project GRM.

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Figure 3:Stages of Grievance Redressal

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IX. COMPENSATION, RELOCATION AND REHABILITATION

A. Valuation of Assets

88. The valuation of the acquired land and other assets is based on the principle of compensation at replacement cost. Compensation and other assistance12are paid to all DPs prior to commencement of civil works. After payment of compensation, DPs can salvage the materials of their dismantled houses and shops without any charges. A notice to that effect is issued to the DPs.

1. Valuation of Land

89. While, customarily the rate of compensation for land to be acquired is determined based on the circle rate of similar types of land, the replacement cost of the land is derived by applying procedure provided in the Maharashtra Direct Purchase Policy. According to policy and Ready Reckoner rate, the compensation will be provided 4 times of the circle rate of land to the titleholder and additional 25% will be paid as rehabilitation allowance.

Table 24: Compensation of land Land Acquisition Details Affected Land Area Affected Homestead Area Affected RR Rate Affected RR Rate Sr. Name of Amount Amount Area per Sqm Area per Sqm No. Village (Sqm) (Rs.) (Rs.) (Sqm) (Rs.) (Rs.) 1 Pusad 216 3100 669600 0.00 0.00 0.00 Total 216 669600.00 0 -

Total Amount in Rs. 669,600.00 Total Amount in Rs. - (Amount x4) 2,678,400.00 25% of the Total Amount 669,600.00

Total LA Cost 3,348,000.00

90. The land records containing information like legal title and classification of land are updated to ensure adequate and timely compensation. The land use classification according to the official revenue records at the time of the cut-off date for this project is applicable in determining compensation rates. In accordance with the respective provisions of the Entitlement Matrix, upon request of a DP, who is rendered marginal due to land acquisition, the Project will also acquire his/her residual land, if it has become nonviable due to the acquisition.

2. Valuation of Structures

91. The value of houses, buildings and other immovable properties, including public and private property, are determined based on the current Basic Schedule of Rates (BSR)

12 While compensation and monetary assistance and allowances are required to be disbursed prior to dispossession or displacement of the displaced persons, the full resettlement plan implementation, which may require long-term income rehabilitation measures, may only be completed over a longer period of time after civil works have begun.

60 applicable at the time of acquisition, without depreciation. The valuation shall be done by Building Department. There were different types of structures with varied rates depending upon the type of construction materials used. There were range of unit rate applied for type of construction and replacement cost was calculated for each structure. The total compensation paid is presented in Table 26.

Table 25: Compensation of structure Type Unit Size Rate Amount (Rs.) Kachha M2 327.26 4928 1,612,737 Semi Pucca M2 22.15 8448 187,123 CPR M2 71.54 11968 856,191 Total 2,656,051

3. Valuation of Crops and Trees

92. There are no private trees owned by the TH in the affected land acquisition area.

B. Relocation

93. The EA will provide adequate and appropriate replacement of structures or cash compensation at full replacement cost for lost 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 for other improvements to the land, at full replacement cost.

94. Despite being a linear project and efforts made to minimize the resettlement impacts, the proposed project will affect residential and commercial structures as a result of which both physical and economic displacement will arise and need of relocation in the project. Efforts are made through various provisions in this resettlement plan to mitigate negative social impacts caused up on displaced persons and communities by supporting relocation of affected households and by restoration of income to national minimum standard.

95. 42 DH will relocate their partially affected structures in the project. 16 DH owner of the kiosks shall be relocated outside the Corridor of Impact (COI) within the RoW. Balance 26 DH will relocate with the available land with them.

96. To understand the relocation options, DHs were consulted during the census survey, the DPs showed a clear preference for cash compensation and self-relocation, in order to avoid disruption of community life and problems with host communities. However, in this subproject no affected household will be relocated to a different area since all of them have additional land to rebuild their structures at the existing locations. The NTH structures (kiosks), which are being fully affected will also be shifted back/accommodated within the remaining RoW land at the same location. Furthermore, during project implementation, the EA will ensure, and efforts will be made to avoid and minimize the impacts and the implementing NGO will verify the same and include in the micro-plan accordingly. As per LARRA 2013 and the entitlement matrix, affected households will be given preference in determining viability of structures that will be partially affected.

97. All owners of affected structures in the project will be eligible for the following as per provisions made in the entitlement matrix:

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❖ Compensation for structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, ❖ One-time Resettlement allowance of Rs. 50,000 per displaced household ❖ Shifting assistance to all displaced families @ of Rs. 10,000 per structure, ❖ Right to salvage materials from structure and other assets with no deductions from replacement value. 98. The total assistance paid for shifting allowance is presented in Table 27. Shifting assistance shall be given to the DPs losing substantial main structure affecting to shift the structure. Among 29 structures, kiosks are 16.

Table 26: Shifting Allowance Total Assistance Type of Assistance No. of Structure Rate /DH Amount Shifting - Structures 27 10000 2,70,000 Shifting - Kiosk 16 10000 160,000 Total 43 4,30,000

99. To help the DHs losing structures in getting all above entitlements and relocating themselves, following relocation strategy is adopted in the project:

a. At least 60 days advance notice before demolition of structure. b. Their dismantled structures materials will not be confiscated, and they will not pay any fine or suffer any sanction. c. The NGO engaged for resettlement plan implementation will assist DPs during verification of assets and will provide necessary support on payment of compensation and assistance. d. The NGO will assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DHs), helping the DFs to take salvaged materials and shift. e. As per the Entitlement Matrix, Training Assistance will be given to Small Commercial establishments like artisans, commercial tenant, legal title holder loosing commercial establishment and commercial structures.

C. Rehabilitation Measures

100. The entitlement proposed for the project has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs can at least regain national minimum standards. Providing employment to the local people during the construction phase will enable them to benefit from the project, reduce the size of intrusive work forces and keep more of the resources spent on the project in the local economy. It will also give the local communities a greater stake and sense of ownership in the project.

101. Among specific rehabilitation measures, the TH losing land shall be eligible for compensation and 25% additional and all NTH losing livelihood are being considered for capacity buildings by the project authority. The NGO to be engaged for implementation of resettlement plan 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 NGO 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 project. The vulnerable DPs will be given preference in availing employment opportunities in project construction work. The women headed households also will be taken care of in a case to case basis and the NGO will help

62 them in forming Self-help Groups (SHGs), establish linkages to available credit facilities, special trainings, and linking them with ongoing govt. schemes. Budget for training in terms of assistance is provided to DPs losing livelihoods and the NGO will either organize training programs by employing appropriate resource persons or link the DPs to various ongoing training schemes. Fund for training is provided in the resettlement and rehabilitation budget keeping in view the average expenditure for ongoing training programs in the project area.

102. In addition to project-sponsored programs, the implementing NGO will play a proactive role to mobilize DPs to get benefits from various government schemes of Skill India and Livelihood Mission. The entitlement matrix has the provision of indexation in case of higher cost of training during implementation under these programs. The implementing NGO will work with the panchayat governments to make available to the DPs benefits of some of the ongoing pro-poor programs for poverty reduction.

103. The specific rehabilitation measures in different categories under this project are being provided in the following Table 28.

Table 27: Rehabilitation Measures Resettlement and Rate DH Amount Rehabilitation Assistance Resettlement Allowance 50000 27 13,50,000 Repair Allowance 20000 54 10,80,000 Vulnerability 25000 54 13,50,000 Lumpsum for extended Shed for commercial 10000 6 60,000 structure Training 25000 24 6,00,000 Total 44,40,000

D. Additional Support for Vulnerable DPs

104. Special assistance at Rs.25,000 is paid to 54vulnerable households totaling Rs. 13,50,000/-. In addition, the implementing NGO play a proactive role to link vulnerable DHs to various government schemes. The Non-titled persons being landless have been considered as vulnerable support. 63

X. BUDGET

A. Source of Funding and Fund Flow Management

105. The cost related to land acquisition and resettlement is borne by the EA. The EA ensures allocation of funds and availability of resources for smooth implementation of the project resettlement and rehabilitation activities. The EA in advance, initiates the process and early approval for the resettlement and rehabilitation budget in the fiscal budget through the Finance department, GoM. In the case of assistance and other rehabilitation measures, the EA directly pays assistance as stated in the resettlement plan to DPs. The implementing NGOs facilitate the disbursement process and rehabilitation program.

B. LAR Cost

106. Table 29 lays down the total estimated project budget for the project, which is Rs. 1,41,61,456/- (Rupees One Crore Forty-One Lakh Sixty-One Thousand Four Hundred Fifty-Six only) The budget has an administrative approval of EA.

Table 28: Compensation and Relocation Mitigation provision Item DH/Area/ Unit rate Units Total (Rs.) No. (Rs.)

1. Land 01 216 Sqm 3,348,000 2. Structures 67 a. Kachcha M2 327.26 4928 1,612,737 b. Semi Pucca M2 22.15 8448 187,123 d. Government and Community Structures CPR M2 71.54 11968 856,191 Sub Total 6,004,051 A 3. Resettlement and Rehabilitation Assistance a. Resettlement 27 50000 13,50,000 Allowance b. Repair Allowance 54 20000 1,080,000 c. Vulnerability 54 25000 1,350,000 d. Shifting Allowance 43 10000 4,30,000 e. Lumpsum for extended Shed for 6 10000 60,000 commercial

structure f. Training 24 25000 600,000

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Mitigation provision Item DH/Area/ Unit rate Units Total (Rs.) No. (Rs.)

Subtotal B 48,70,000 Total A+B 1,08,74,051 Contingency (10% of LA & resettlement 10,87,405 and rehabilitation Cost)

Total 1,19,61,456 5. Implementation

Cost

Hiring of NGO and 20,00,000

Training for the PMU & Lump sum 200,000 PIU Subtotal 22,00,000

Grand Total 1,41,61,456.00 Total Cost: Rs. 1,41,61,456/- (Rupees One Crore Forty-One Lakh Sixty-One Thousand Four Hundred Fifty-Six only)

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XI. MONITORING AND EVALUATION

A. Need for Monitoring and Reporting

107. Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to ameliorate problems faced by the DPs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfillment of the project objectives.

B. Internal Monitoring

108. One of the main roles of Project Management Unit will be to see proper and timely implementation of all activities in resettlement plan. Monitoring will be a regular activity for ADB-PMU and Focal Officer (Social) at this level will see the timely implementation of resettlement and rehabilitation activities. Monitoring will be carried out by the PIU and its agents, such as NGOs and will prepare monthly reports on the progress of resettlement plan Implementation. PIU will collect information from the project site and assimilate in the form of monthly report to assess the progress and results of resettlement plan 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:

i. Administrative monitoring: daily planning, implementation, feedback and troubleshooting, individual DP database maintenance, and progress reports; ii. 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 iii. Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the displaced persons. Monitoring reports documenting progress on resettlement implementation and resettlement plan completion reports will be provided by the Project Implementation Unit to ADB-PMU for review and approval from ADB.

109. The following should be considered as the basis for indicators in monitoring of the project:

a. Socio-economic conditions of the DPs in the post-resettlement period; b. Communication and reactions from DPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; c. Changes in housing and income levels; d. Rehabilitation of informal settlers; e. Valuation of property; f. Grievance procedures; g. Disbursement of compensation; and h. Level of satisfaction of DPs in the post resettlement period.

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C. Stages of Monitoring

110. Considering the importance of the various stage of project cycle, the EA will handle the monitoring at each stage as stated below:

1. Preparatory Stage

111. During the pre-relocation phase of resettlement operation, monitoring is concerned with administrative issues such as, establishment of resettlement unit, budget, land acquisition, consultation with DPs in the preparation of resettlement plan, payments of entitlement due, grievance redressal, and so on. The key issue for monitoring will be:

a. Conduct of baseline survey b. Consultations c. Identification of DP and the numbers d. Identification of different categories of DPs and their entitlements e. Collection of gender disaggregated data f. Inventory and losses survey g. Asset inventory h. Entitlements i. Valuation of different assets j. Budgeting k. Information dissemination l. Institutional arrangements m. Implementation schedule review, budgets and line items expenditure

2. Relocation Stage

112. Monitoring during the relocation phase covers such issues as site selection in consultation with DPs, development of relocation sites, assistance to DPs (especially to vulnerable groups) in physically moving to the new site. Likewise, aspects such as adjustment of DPs in the new surroundings, attitude of the host population towards the newcomers and development of community life are also considered at this stage. The key issue for monitoring will be:

a. Payment of compensation b. Delivery of entitlement c. Grievance handling d. Preparation of resettlement site, including civic amenities (water, sanitation, drainage, paved streets, electricity) e. Consultations f. Relocation g. Payment of compensation h. Livelihood restoration assistance and measures

3.Rehabilitation Stage

113. Once DPs have settled down at the new sites, the focus of monitoring will shift to issues of economic recovery programs including income restoration measures, acceptance of these schemes by DPs, impact of income restoration measures on living standards, and the sustainability of the new livelihood patterns. The key issue for monitoring will be:

a. Initiation of income generation activities b. Provision of basic civic amenities and essential facilities in the relocated area 67

c. Consultations d. Assistance to enhance livelihood and quality of life

D. Monitoring Indicators

114. The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The resettlement plan 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 project inputs, expenditures, staff deployment, etc. b. Output indicators indicating results in terms of numbers of displaced people compensated and resettled, training held, credit disbursed, etc. and c. Impact indicators related to the longer-term effect of the project on people's lives.

115. Input and output indicators related to physical progress of the work will include items as following:

a. Training of PIU staff completed b. Public meetings held c. Census, assets inventories, assessments and socio-economic studies completed d. NGO recruited and trained e. Meetings of GRC f. Grievance redress procedures in-place and functioning g. Compensation payments disbursed h. Relocation of DPs completed i. Employment provided to DPs j. Training of DPs initiated k. Income restoration activities initiated l. Number of families physically displaced and resettled m. Monitoring reports submitted

E. Reporting Requirements

116. Project Implementation Unit responsible for supervision and implementation of the resettlement plan will prepare monthly progress reports on resettlement activities and submit to ADB-PMU. ADB-PMU will submit semi-annual reports to ADB. The reports will be disclosed in the ADB website.

117. All the resettlement 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 Website.

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XII. IMPLEMENTATION SCHEDULE

118. Implementation of resettlement plan mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project 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. Public consultation, monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place.

A. Schedules for Project Implementation

119. The proposed project resettlement and rehabilitation activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases-Project Preparation phases, resettlement plan Implementation phase, Monitoring and Reporting period are discussed below:

• Project Preparation Phase: The major activities to be performed in this period include establishment of Project Implementation Unit at project level; submission of resettlement plan for ADB approval; appointment of NGO and establishment of GRC etc. The information campaign and community consultation will be a process initiated from this stage and will go on till the end of the project.

• resettlement plan Implementation Phase: After the project preparation phase the next stage is implementation of resettlement plan which includes issues like compensation of award by EA; payment of all eligible assistance; relocation of DPs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally starting civil work.

Monitoring and Reporting Period: As mentioned earlier the monitoring will be the responsibility of ADB-PMU, Project Implementation Unit and implementing NGO and will start early during the project when implementation of resettlement plan starts and will continue till the complete implementation of the project.

B. resettlement and rehabilitation Implementation Schedule

120. A composite implementation schedule for resettlement and rehabilitation activities in the project including various sub tasks and timeline matching with civil work schedule is prepared and presented in the form of Table 30. However, the sequence may change, or delays may occur due to circumstances beyond the control of the Project and accordingly the time can be adjusted for the implementation of the plan.

Table 29: Resettlement and Rehabilitation Implementation Schedule Progress (Year /Quarter) 2019 2020 2021 Activity Q Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 3 Project Preparation Stage 69

Screen sub-project impact

Public Consultation

Cary out Census Survey

Prepare Resettlement Plan resettlement plan Implementation Stage Hiring of NGOs for resettlement plan Implementation Obtaining approval of resettlement plan from ADB Disclosure of resettlement plan

Training and Capacity Building PIU and Other Institutions Public Consultation

Grievance Redressal

Notice for Direct Purchase

Execution of Deed for direct purchase

Valuation of Properties

Preparation of Micro Plan

Payment of Compensation Notify the date of start of construction to DPs Rehabilitation of DPs

Monitoring and Reporting Period

Monitoring and reporting by ADB- PIU

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Appendix 1: List of Affected Villages

LA Sr. Chainage Affected Village Name Tehsil District Required No. Household To From (in Sqm) 1 Washim 242+200 242+400 Washim Washim _ _ 2 Pimpalgaon 255+650 256+050 Washim Washim _ _ 3 Ansing Phata 259+430 260+110 Washim Washim _ _ 4 Shelu Bk. Phata 263+800 264+350 Pusad Yavatmal _ _ Manjarjawala 5 268+200 268+640 Pusad Yavatmal _ _ Phata 6 Marwadi (Kh.) 269+600 270+250 Pusad Yavatmal _ _ Marwadi (Bk.) 7 274+430 274+930 Pusad Yavatmal _ _ Phata 8 Khandala Phata 283+370 283+860 Pusad Yavatmal _ _ 9 Nimbi 294+170 295+070 Pusad Yavatmal _ _ 10 Pusad 297+150 298+249 Pusad Yavatmal 216 1 216 1

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Appendix2: Notice for Cut – off – Date

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Appendix3: Census and Socio -Economic Questionnaire

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क्या आप नकद मुआवजा चाहते हℂ

1. हा更 2. नह Ă

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Appendix4: List of Titleholder

Structure Gut Total Sr. from Side/ Affected Villag Chainag Name of the No./ affecte Categor No Centerlin Right Structur e e Owner Plot d Area y . e / Left e Name No. (sqm) (m)

Akbar Vacant 1 297/210 SadruddinHira 88/1 7.0 LHS 216 Pusad Gen Plot ni

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Appendix5: List of Non- Titleholders

Total Affected Sr. Offset Affected Affected Village Chainage Name of the Owner Area in Category No. (in m) Structure Area Name % (Sqm) 255/37 1 Madhukar Dande 7.4 Hotel 2.22 20.7 Pimpalgaon OBC 5 255/37 7.0 Shop 3.30 17.2 2 Baban Shitaram Aher Pimpalgaon OBC 5 7.0 Tin Shed 3.30 17.2 255/37 Vishwahath 3 7.3 Hotel 6.51 24.1 Pimpalgaon OBC 5 Kanshiram Jadhav 255/39 4 Kundlik Nirgude 5.6 Hotel 18.24 48.0 Pimpalgaon Gen 0 255/41 Bhagwan Laxman 5 5.5 Hotel 23.00 55.6 Pimpalgaon OBC 0 Nirgude 255/45 Kiosk 6 Tukaram Markande 6.0 3.00 100.0 Pimpalgaon OBC 0 (Pan Shop) 5.2 Hotel 28.00 65.1 255/45 7 Sachin Vilas Dande Kiosk Pimpalgaon OBC 0 5.2 1.44 100.0 (Pan Shop) 264/01 8 Dnyanoba Umale 7.0 Pan Shop 2.9 37.0 Shelu OBC 0 264/01 Hotel 9 Santosh Bhalerao 6.0 6.2 64.5 Shelu OBC 0 Canteen 267/95 Ravi Dayaram Manjarjawal 10 5.7 Shop 7.13 57.5 Gen 0 Rathod a Phata 270/01 Sundar Singh Nanu 7.8 Bathroom 2.25 100.0 Marwadi Kh. 11 OBC 0 Rathod 7.0 Room 3.10 19.2 270/02 Babulal Suryabhan Toilet/Bathro 12 7.7 5.00 100.0 Marwadi Kh. Gen 0 Rathod om 270/03 13 Shaikh Mastan 7.1 Shop 2.43 37.5 Marwadi Kh. Gen 5 270/04 Shaikh Salim Sekh 7.4 Shop 2.10 23.1 14 Marwadi Kh. OBC 0 Rajjaak 7.4 Toilet 1.20 100.0 270/05 15 Shaikh Shabbir 5.8 Shed 7.70 48.9 Marwadi Kh. Gen 0 270/06 Shaikh Ajeej Sekh 5.6 Room 6.96 19.3 16 Marwadi Kh. Gen 0 Nasir 7.0 Bathroom 1.69 100.0 270/11 Govind Tukaram 17 4.2 Cowshed 22.42 77.6 Marwadi Kh. Gen 0 Rathod 270/12 Prakash Mersing 18 5.6 Cowshed 5.76 77.4 Marwadi Kh. OBC 0 Chauhan Shop 270/12 19 Shaikh Javed 6.1 (General 4.75 61.3 Marwadi Kh. Gen 0 Store) 270/11 Shaikh Saddam Sekh 5.0 Room 20.70 50.0 20 Marwadi Kh. Gen 0 Husain 4.0 Cowshed 6.09 100.0 274/20 Sadashiv Motiram Shed Marwadi 21 7.0 13.23 100.0 Gen 0 Rathod (Cycle shop) Phata 77

Total Affected Sr. Offset Affected Affected Village Chainage Name of the Owner Area in Category No. (in m) Structure Area Name % (Sqm) 274/51 Shekh Kayum Sekh Chicken Marwadi 22 6.8 2.28 48.0 Gen 5 Rasid Shop Phata 274/52 Shekh Salim Sekh Chicken Marwadi 23 7.2 3.12 16.7 Gen 0 Rasid Shop Phata 274/53 Marwadi 24 Santosh Kubade 7.0 Saloon Shop 2.10 41.7 OBC 0 Phata 274/54 Kiosk Marwadi 25 Arvind Chavan 6.4 1.44 100.0 Gen 0 (Pan Shop) Phata 274/54 Haribhau Amarsing Shed (Shop) 3.72 48.0 Marwadi 26 6.8 Gen 0 Rathod Sitting Place 0.24 48.0 Phata 274/54 Prakash Dayaram Kiosk Marwadi 27 6.3 1.56 100.0 Gen 0 Rathod (Pan Shop) Phata

274/54 Pradeep Prakash 5.4 Shed (Shop) 8.06 100.0 Marwadi 28 Gen 0 Rathod 5.4 Sitting Place 1.04 100.0 Phata Shed 274/54 (General 5.40 100.0 Marwadi 29 Anil Sadashiv Rathod 6.5 OBC 5 Store) Phata Sitting Place 0.60 100.0 274/55 Shed Marwadi 30 Gokul Nursing Pawar 7.1 4.80 100.0 OBC 0 (CSP center) Phata 274/58 Marwadi 31 Vitthal Chavhan 5.3 Hotel 22.41 75.0 Gen 0 Phata 283/47 Kiosk Khandala 32 Shriram Sonawane 6.6 1.50 100.0 OBC 5 (Pan shop) fata 294/40 Santhosh Shivram Kiosk 33 7.6 1.20 100.0 Nimbhi SC 0 Pundke (Pan shop) 294/44 Baban Piraji Tin shed 34 7.5 1.25 16.7 Nimbhi SC 0 Khandare (Hotel) 294/45 Shushila Sanjay Kiosk 35 7.7 1.50 100.0 Nimbhi OBC 0 Gawali (Pan shop) 294/50 Sandeep Sapan 36 7.8 Hotel 0.70 7.4 Nimbhi SC 0 Khandare 294/50 Kiosk 37 Raju Devrao Kale 7.2 2.60 100.0 Nimbhi OBC 0 (Pan Shop) 294/55 Pandurang Punjaji 38 6.8 Ironing shop 2.64 42.9 Nimbhi OBC 0 Maske 294/60 Sahebrao Madhav Kiosk 39 6.5 4.14 100.0 Nimbhi OBC 0 Maske (Pan shop) 294/70 Shivram Gunaji Water Tank 40 6.2 2.60 100.0 Nimbhi OBC 0 Shete (for Animal) 294/87 Ladies Tailor 41 Anita Prakash Ghode 7.2 1.76 28.6 Nimbhi OBC 0 Shop Shed 18.00 100.0 295/40 Shabbir Sattar Chicken 42 6.6 Nimbhi OBC 0 Bhatnase Shop 1.40 63.6 Counter

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Total Affected Sr. Offset Affected Affected Village Chainage Name of the Owner Area in Category No. (in m) Structure Area Name % (Sqm) Shop 296/02 Kaushalyabai 7.1 (Tea 2.34 30.0 43 Nimbhi SC 5 Kondba Shejule Canteen) 5.1 Shed 8.00 100.0 296/28 Chicken 44 Abdul Manaan 7.3 0.91 21.9 Mominpura Gen 0 Shop 296/41 Kiosk 45 Altaf (Abandoned) 5.9 1.32 100.0 Mominpura Gen 0 (Pan shop) Kiosk 296/50 46 Shaikh Majid 7.0 (Ironing 3.42 100.0 Mominpura OBC 0 Shop) 296/61 Kiosk 47 Shaikh Ahfaz 6.6 1.80 100.0 Mominpura Gen 0 (Pan Shop) 6.9 Shop 4.95 34.4 296/64 Adarsh 48 Dashrath Pawar Kiosk Gen 0 6.9 3.99 100.0 Nagar (Stationary) 296/99 Kiosk Dhankeshw 49 Bhimrao Rathod 7.2 1.6 100.0 Gen 0 (Closed) ar Nagar 297/01 Kiosk Dhankeshw 50 Ajay Vasantrao Hake 6.2 1.80 100.0 OBC 0 (Pan shop) ar Nagar 297/15 Kiosk Dhankeshw 51 Vinod Jadhav 7.9 2.70 100.0 OBC 0 (Pan Shop) ar Nagar 297/15 Vidharb Pan & Cold Kiosk Dhankeshw 52 6.7 2.10 100.0 OBC 0 drink (Pan shop) ar Nagar 297/28 Kiosk (Cycle Dhankeshw 53 Santosh Sawadkar 7.7 0.84 100.0 SC 0 Repairing) ar Nagar Hotel 4.4 100.0 297/29 Dhankeshw 54 Amarnath Anekar 6.6 Kiosk OBC 0 2.56 100.0 ar Nagar (Pan shop)

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Appendix6: List of CPRs

Struct ure Total from Side/ Structure Sr. Name of the Affected Affected Chainage Centerl Right/ Affected Village Name No. Owner Structure area in ine Left in % mtr. (in mtr.) Shiv Temple Manjajawala 1 266/950 3.0 LHS Chabutara 4 100.00 (Open) Phata Forest Toll Naka Manjajawala 2 267/900 3.9 LHS Shed 18.56 100.00 Shed Phata Forest Toll Naka Manjajawala 3 267/900 6.5 LHS Office 14.55 18.75 Office Phata 4 274/560 Jakat Naka Office 7.4 LHS Shed 7.5 100.00 Marwadi Bk Phata

5 295/300 Maruti Mandir 7.5 LHS Shed 26.23 100.00 Nimbhi Shiv Temple 6 297/600 6.0 LHS Chabutara 0.7 100.00 Pusad (Open)

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Appendix7: Public Consultation Meeting

A: Attendance Sheet Attendance Sheet of Public Consultation Meeting at Marwadi Bk. on 27/05/2019

Attendance Sheet of Public Consultation Meeting at Marwadi Bk. on 13/11/2018

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Attendance sheet of Public Consultation Meeting at Pimpalgaon on 13/11/2018

Attendance sheet of Public Consultation Meeting at Pimpalgaon on 27/05/2019

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Attendance Sheet of Public Consultation Meeting at Nimbi on 12/01/2019

Attendance Sheet of Public Consultation Meeting at Nimbi on 27/05/2019

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B. Notice for Public Consultation

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C: Pamphlet

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D. Photograph Public Consultation,

Village: Pimpalgaon (27/05/20)

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Village: Marwadi (27/05/2019)

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Village: Nimbi (27/05/2019)

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Appendix8: Maharashtra Direct Purchase Policy 2016

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Appendix9: Consent Form

Performa ‘C’

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Schedule - ‘1’

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Schedule - ‘2’

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Schedule - ‘3 & 4’

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Schedule - ‘5, 6 & 7’

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Appendix10: Terms of Reference (TOR) for the NGO

TO IMPLEMENT THE RESETTLEMENT PLAN (RESETTLEMENT PLAN) AND GENDER ACTION PLAN FOR MAHARASHTRA STATE ROAD IMPROVEMENT PROJECT

A. Project Background

1 The Government of India has applied for financial assistance from the Asian Development Bank (ADB) toward the cost of the proposed Maharashtra State Road Improvement Project. The project aims to improve road connectivity in the state of Maharashtra by upgrading and maintaining 11 state highways and 2 major district roads, totaling about 450 kilometers (km).

2 Nine resettlement plans have been prepared for the project in compliance with the applicable state government, Government of India, and ADB policies and legal frameworks. This project is considered Category B for involuntary resettlement. The project requires an independent consultant for external monitoring and reporting of resettlement plan implementation.13

3 The project is classified as effective gender mainstreaming. A Gender Action Plan (GAP) has been prepared which delineates activities with indicators and targets, responsible agencies and time frame in order to ensure effective implementation, monitoring and reporting of GAP activities. The consultant/NGO is required to implement the project gender action plan.

4 All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse impacts on people settled along the road. Based on the State Resettlement and Rehabilitation Policy, GOI norms and ADB resettlement and rehabilitation policies, MPWD has prepared Resettlement Plans (resettlement plan) to deal with involuntary resettlement involve in the entire Project. All resettlement plans have been prepared based on census and baseline socioeconomic surveys conducted in the fields.

B. The objectives of the consultancy services are as given below:

5 Resettlement Plan Implementation

• The Consultant will be the main link between the Client including PMU and PIU and project affected persons (PAPs) • The Consultant shall undertake public information campaign along with Rehabilitation & Resettlement Officer (RRO) at the commencement of the RAP. • The Consultant shall be responsible for verification of PAPs as prepared by the DPR Consultant, • The Consultant shall develop rapport with PAPs,

13 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.

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• The Consultant shall distribute pamphlets of rehabilitation and resettlement policy to PAPs, Panchayat Raj institutions, and concerned government offices in the project area, etc. • The Consultant shall include PAPs who could not be enumerated during census cum socio-economic survey and ensure certification from RRO, • The Consultant shall prepare format for making identity cards for PAPs • The Consultant shall prepare and distribute photo identity cards, • The Consultant shall undertake valuation of affected structures, land under acquisition, CPRs, trees and other private properties as detailed in Entitlement Matrix in the resettlement plan, • The Consultant shall prepare Micro Plans, • The Consultant shall submit a Micro Plans to RRO for approval from Client, • The Consultant shall organize consultations at regular interval with PAPs with regard to resettlement and rehabilitation, • The Consultant shall organize training program for skill up gradation of the PAPs, • The Consultant shall assist PAPs in all matters related to rehabilitation and resettlement, • The Consultant shall assist and facilitate aggrieved PAPs by bringing their cases to Grievance Redressal Committee (GRC), • The Consultant shall facilitate opening of joint account of PAPs, • the Consultant shall generate awareness about the alternative economic livelihood and enable PAPs to make informed choice, • The Consultant shall carry out periodic consultations with PAPs regarding the choice of resettlement (i.e. self or assisted), development of resettlement site, participation of women, etc. • The Consultant shall identify training needs of PAPs for income generation and institutions for imparting training, • The Consultant shall carry out consultations with local people and Panchayat Raj Institutions with regard to relocation, rehabilitation, reconstruction of affected common property resources (CPRs) as well as availability of new facilities under the project, • The Consultant shall participate in various meetings, • The Consultant shall submit monthly progress report, and • The Consultant shall carry out any other activities that may be required for the implementation of RAP &TDP, etc.

Implementation of Gender Action Plan (GAP)

6 The gender action plan outlines activities to (i) enhance women’s economic and human development opportunities; (ii) build institutional gender capacities through gender trainings for staff, consultants and contractors; (iii) strengthen the technical and management capacities of women staff on road safety; (iv) create spaces for women’s participation in decision-making and leadership; (v) reduced time poverty; and (vi) promote gender responsive infrastructure by ensuring elderly, women, child and differently-abled (EWCD) road and bus shelter design features. This component will include a pilot initiative of additional design features, such as solar lights and information on women centric schemes, women empowerment messages and help line numbers in select bus shelters. The project will maintain sex disaggregated data on staff, consultants, construction workforce participation, labor and project related trainings.

7 The NGO will undertake the following activities with regard to project GAP implementation-

• Provide support and assist the MPWD, PMU and PIUs in implementation of gender actions in the project; 103

• Provide support to implement, monitor, report and document the activities included in the project gender action plan; • Under guidance from the gender focal points in MPWD and PIUs; and project gender and social specialist in PMS prepare a GAP implementation schedule to streamline GAP activities especially the community activities; • Mobilize and encourage participation of women and girls from the local community in the community activities including labor, consultations, and health camps; • Conduct all community activities as included in the project gender action plan including consultations, awareness activities and health camps; • Ensure that the set gender targets are met in all project activities; • Collect, collate and report sex disaggregated data to PIUs monthly on all human parameters including labor, staff, trainings, and participation in community activities; • Prepare the GAP progress reports every month and support PIU in its timely submission to PMU and subsequently to ADB as quarter progress reports. • Prepare and submit a consolidated completion report on gender results including the consolidated GAP achievements; documenting women testimonies and summarizing the gender equality results achieved during the project.

C. Scope of the Consultancy Services, Tasks and Expected Deliverables 8 The Consultant shall play a role of secondary stakeholder in implementation of the RAP including TDP as applicable and in mitigating the adverse effects of the project. The Consultant shall remain responsible for the development of a comprehensive livelihood system to facilitate the project displaced persons to take advantages of the options available as per the RAP. The Consultant shall assist the Client including PMU and PIU in ensuring social responsibilities of the Client, such as, compliance with labor laws, prohibition of child labor, HIV/AIDS, gender and tribal issues. The Consultant shall work in close coordination with RRO in carrying out the tasks as elaborated in succeeding Para.

1. Verification and Creation of PAPs Database. 1.1 All Verification has to be conducted jointly with RRO. 1.2 The RRO shall undertake joint verification of the project displaced persons and shall create the database of the eligible PAPs along with their road chainage and distance from center line. The Consultant shall verify the information already contained in the RAP and the individual losses of the PAPs and validate the same and make suitable changes if required. 1.3 During the identification and verification of the eligible PAPs, the Consultant shall ensure that each of the PAPs are contacted and consulted. The Consultant shall ensure consultation with the women from the PAP families especially women-headed households. The Gender Expert in the team of the Consultant will personally remain responsible for all consultations with women. 1.4 Verification exercise shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RRO. The Consultant shall display the list of eligible PAPs in prominent public places like Panchayat Offices, Taluk and District Headquarters. 1.5 The Consultant has to identify any private or community structure built within the Right of Way (ROW) after the cut-off date and notify the same to the PIU. The Consultant shall through consultation facilitate removal of the said ineligible project affected structures as per resettlement plan from the ROW and inform them that any project benefits do not apply to them.

2. Distribution of Identity Card 2.1 After verification the Consultant shall distribute identity cards to all eligible Project Affected Households (PAHs). The identity card should include a photograph of the head

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of the household, the extent of loss suffered due to the project, and the choice of the entitlements with regard to the mode of compensation and assistance, with necessary family details. The Identity Cards are to be signed by the Team Leader of the consultant and RRO.

3. Consultation 3.1 The Consultant shall educate the PAPs on their rights, entitlements and obligations under the Resettlement Action Plan. It shall disseminate information to the PAPs on the possible consequences of the project on the communities’ livelihood systems and the options available, so that they do not remain ignorant. It shall explain to the PAPs the need for land acquisition, the provisions of the policy and the entitlements under the RAP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements as per the RAP. The Consultant shall carry out consultations in separate groups by gender and caste in culturally appropriate manner as required to ensure effective participation in the implementation process. 3.2 resettlement and rehabilitation Cost Estimation: The Consultant shall undertake valuation of affected structures, land under acquisition, common property resources (CPRs), trees and other private properties as detailed in the Entitlement Matrix in Resettlement Policy Framework (resettlement plan F).

4. Preparation of Micro Plan 4.1 The Consultant shall prepare Micro Plans indicating category of entitlement. A separate plan has to be prepared for shifting of community assets. The Micro Plans may be prepared for Non -Titleholders separately.

5. Disbursement of Assistance and Delivery of Entitlements 5.1 The Consultant shall ensure that PAPs obtain their full entitlements under the RAP. Where options are available, the Consultant shall provide advice to PAPs on the relative benefits of each option. 5.2 The Consultant shall assist the PIU in ensuring a smooth transition helping the PAPs to take salvaged materials and shift with proper notices. In close consultation with the PAPs, the Consultant shall inform the PIU about the shifting dates agreed with the PAPs in writing and the arrangements desired by the PAPs with respect to their entitlements. 5.3 The Consultant shall assist the PAPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how he/she can access the resources he/she is entitled to. 5.4 The Consultant shall ensure proper utilization of assistance made available under the RAP to the PAPs. The Consultant will be responsible for advising the PAPs on how best to use any cash that may be provided under the RAP. Emphasis should be placed on using such funds in a sustainable way e.g. purchasing replacement land for that acquired. The Consultant shall ensure proper utilization of the Rehabilitation & Resettlement Budget available for the project. It shall identify means and advise the RRO to disburse the entitlements to the eligible persons/families in a transparent manner and shall report to the PIU on the level of transparency achieved in the project.

6. Grievance Redressal 6.1 The Consultant shall make PAPs aware of the grievance mechanism set out in the RAP and shall assist PAPs who have grievances to pursue a suitable remedy. The Consultant shall help the PAPs to file a grievance application. 6.2 The Consultant shall maintain a log of the grievances directly received by them and forward the same to the designated complaint officer as per GRM within 7 (seven) days of receipt of the grievance from the PAPs. It shall submit a draft resolution with respect to the particular grievance of the PAP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the Consultant representative in the GRC. 105

6.3 The Consultant shall assist in the GRC process whenever necessary.

7. Coordination between PAPs and the PIU 7.1 The Consultant shall develop rapport between the PAPs and the project PIU. This will be achieved through regular monthly meeting with both the PIU representatives and the PAPs. All meetings and decisions taken are to be documented. The Consultant shall also coordinate with independent monitoring agency and share project data as requested.

8. Public Information Campaign 8.1 The Consultant shall assist the RRO to undertake public information campaign at the commencement of the project to inform the affected communities of the project RAP, the Resettlement Policy Framework and the entitlement package, Suggestion and Complaint Handling Mechanism etc.

9. Village Level Meetings and Progress Reporting in the Gram Sabhas 9.1 The Consultant shall ensure that village level meetings are held in every village with special emphasis on PESA – applicable villages. The frequency of such meetings will depend on the requirements of the PAPs, to allow the PAPs to remain up to date on project developments. Besides contacting PAPs on an individual basis to regularly update the baseline information, progress shall be reported in the Gram Sabhas by the Consultant. The Consultant will encourage participation of individual PAPs in such meetings by discussing their problems regarding land acquisition, rehabilitation and resettlement and other aspects relating to their socioeconomic lives. Such participation will make it easier to find a solution acceptable to all involved.

10. Reporting the Status of PAPs after shifting 10.1 The Consultant shall submit a status report of the PAPs to the PIU post relocation.

11. Road Safety Awareness. 11.1 The Consultant shall conduct road safety awareness to the children of schools and community at large in the villages located along the project by way of training, distribution of pamphlets and fixing of posters.

12. Assistance to the PIU in activities with respect to HIV Awareness Campaigns/ Child Labor/ Gender Mainstreaming / Tribal Development/Social Welfare 12.1 The Consultant shall assist the PIU to implement information campaign/advertisement in collaboration with existing health infrastructure and agencies such as, State AIDS Control Organization, Technical Support Units (TSU), District AIDS Prevention and Control Units DAPCU (if present in the project area) and PLHIV network etc. including provision of signage/hoardings at suitable locations, distribution of vehicle stickers and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes etc.) apart from collaborating with existing agencies. 12.2 The Consultant shall ensure in collaboration with PIU that medical facilities and health checkups which may include detecting STD/AIDS for the workers are provided at the construction camps. 12.3 The Consultant shall assist PIU to ensure that the contractors comply with applicable labor laws (including prohibition of child labor) and maintain conducive environment for women participation in the labor force. 12.4 The Consultant shall support PIU in implementation of Tribal Development Plan in consultation with likely affected tribal community as per the Tribal Development Plan in the RAP, as applicable.

D. Team Composition and Qualification Requirements & Duties of Key Experts and Non-Key Experts

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13. The Consultant’s team shall comprise of following Key Experts. Duration of services of Key Experts is indicated against each. a) Position K-1 (Team Leader cum resettlement and rehabilitation Expert)-10 person-months. b) Position K-2 (Social Development Expert) -10 person-months c) Position K-3 (Gender Expert)- 10 person-months d) Position K-4(Charted Valuer)-6 month

14. The qualification requirements of the Key Experts are given below:

• Team Leader cum resettlement and rehabilitation Expert: The Team Leader cum resettlement and rehabilitation Expert should be a post- graduate in social sciences. He/she should have about 10 years’ experience in implementation of R & R works. He should have held responsible position in the previous assignments and should possess participatory management skills. Knowledge of local language is a desirable qualification. The Team Leader cum resettlement and rehabilitation Expert must have been with the Consultant for at least 2 years. Team Leader cum resettlement and rehabilitation Expert should have completed resettlement and rehabilitation work in at least 2 highway projects in the capacity of Key Expert one of which should be in World Bank or externally aided project. • Social Development Expert: The Social Development Expert should be a post-graduate in social sciences. He/she should have about 7 years’ experience in implementation of R & R works. Knowledge of local language is a necessary qualification. The Social Development Expert should have completed resettlement and rehabilitation work in at least 1 infrastructure project in the capacity of Key Expert. Experience in training and livelihood restoration activities is must. • Gender Expert: The Gender Expert should be a post-graduate in social sciences. He/she should have about 7 years’ experience in implementation of social development and gender equality projects and community welfare programs. Knowledge of local language is a necessary qualification. Should have the ability to engage with women and marginalized groups. He/she should have completed community outreach and awareness work in at least 3 social welfare projects in the capacity of key expert.

• Charted Valuer: Charted Valuer should be Civil Engineer, having experience in deals drawing, specifications and costing procedure for different Type of building, He /She should have at least 7-years’ experience, preferable be experience in replacement costing for resettlement and rehabilitation works for building and Public assists

E. Reporting Requirements & Time Schedule for Deliverables

15. The Consultant will submit reports as well as photographs, videotapes etc. taken during the assignment along with an electronic copy of the documents. All reports should be in English language only. However, the supporting documents can be attached in local language along with the translated versions/summaries in English. The details of documents to be submitted are given below:

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(i) Inception Report The Consultant shall submit to the PIU an inception report-detailing plan of action, manpower deployment, time schedule, and detailed methodology within 15 days of the commencement of the assignment. (ii) Monthly progress Reports The Consultant shall submit monthly progress reports on the activities carried out during that month and proposed activities for the coming month. The monthly progress reports will include data on input and output indicators as required by the PIU, with work charts as against the scheduled timeframe of RAP implementation. All progress reports shall include data on input and output indicators as required by the PIU. The Consultant shall document in full details, the consultation/counseling processes, the process of identification of the resettlement sites, and a full description of the training imparted (or facilitated) as part of the assignment. The progress achieved in land acquisition as per entitlements have to be documented. This documentation shall be submitted to the PIU as a part of the monthly progress report. Copies of the monthly report have to be submitted to PIU and PCU.

Monthly and quarterly progress report on GAP implementation The Consultant shall submit monthly reports to the PIUs; and quarterly progress reports on the GAP activities carried out during the quarter and proposed activities for the coming quarterly. (iii) Final Report The Consultant shall submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to carry out the assignment, and a summary of supports/assistance given to the PAPs, overall physical progress on the key activities under the RAP implementation. GAP completion report The Consultant shall also submit a GAP completion report at the end of the contract period submitting the consolidated GAP achievements matrix; documenting and summarizing the gender equality results achieved during the project. (iv) Records of Meetings The Consultant shall prepare minutes of the meetings of GRC, Gram Sabhas, meetings between PIU and PAPs etc. and submit to (i) PIU and (ii) PCU. (v) Record of Grievances The Consultant shall record all grievances and the process of redressal documented and submitted to (i) Assistant Commissioner/SDO; (ii) PIU and (iii) PCU on a monthly basis. (vi) Submissions of Micro Plans The Consultant shall submit all Micro Plans with the status of disbursement and payment of compensation, on a monthly basis. Where changes occur during the project implementation requiring changes in the Micro Plans, the Consultant will update the relevant plans and resubmit them to the (i) PIU and (ii) PCU. F. Data, services, and facilities to be provided by the Client:

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16. The PIU will provide to the Consultant copies of the RAP, Social Impact Assessment Report, PAP database, land acquisition details, and any other relevant reports/data prepared by the DPR Consultants.

G. Payments, Time Schedule, Site Office and Other Conditions

17. The Consultant shall ensure that the RAP is implemented in an effective and proper manner. The prime responsibility of the Consultant shall ensure that each and every eligible PAP receive appropriate and due entitlement as per the entitlement matrix given in RAP. Additionally, the Consultant shall help the PIU in all other matters deemed to be required to implement the RAP in its spirit and entirety. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the PIU. No information gathered or generated during and in carrying out this assignment shall be disclosed by the Consultant without explicit permission of the PIU.

18. Consultant’s Site Office The Consultant will open a site office at project road section and function from there. All costs associated with the site office shall be borne by the Consultant.

19. Time Schedule It is estimated that the Consultant services will be required for 10 months for participating in the implementation of RAP. The Consultant shall carry out all assigned tasks based on the timelines as set out in the table in para 31 below.

20. Payment Payments to the Consultant will be made in stages on completion of the tasks/deliverables as given below along with timeline for tasks/deliverables:

Sr. Payment Task/deliverable Timeline No. Schedule

1. Submission of Inception Report 1 month 10% Contract Price 2. a) Joint verification of assets within 3 months 20% of Contract Corridor of Impact, information, Price dissemination and distribution of rehabilitation and resettlement policy b) Distribution of Identity card to eligible PAPs c) Submission of Micro plan for 100% Non- Title Holder and approval d) Collection of baseline data including institutional data such as number of project staff across positions in PMU and PIUs, and brief socio-economic profile of the project area, estimated beneficiaries in project area, and need assessment for the health camps e) Submission of quarterly GAP progress report 109

Sr. Payment Task/deliverable Timeline No. Schedule

3. a) Submission of Micro Plan for 50% of 9 months 20% of Contract total Title Holders Price b b) Disbursements of assistance to 50% of total PAHs. c) Final data analysis report containing additional and or missing census details. d) Identification of relocation sites for shifting of PAPs/CPRS. e) 3 health camps organized for at least 30 persons per health camp (Target: 30 (50%) women; and 2 health camps organized for 60 women on breast and cervical cancer awareness 4. a) Submission of Micro plan for 12 months 20% of Contract 100%Title Holders and approval Price b) Disbursement of assistance to 80% of total PAPs. d) 3 health camps organized for at least 30 persons per health camp (Target: 50% women); and 2 health camps for 60 women on breast and cervical cancer awareness. d) Submission of quarterly GAP progress report 5 a) Completion of road safety awareness. 15 months 5% of Contract b) Completion of HIV / AIDS awareness. Price c) 2 health camps organized for at least 30 persons per health camp (Target: 50% women); and 1 health camps for 30 women on breast and cervical cancer awareness 6. a) Disbursement of assistance to 100% of 18 months 5% of Contract total PAPs. Price b) 2 health camps organized for at least 30 persons per health camp (Target: 50% women); and 2 health camps for 60 women on breast and cervical cancer awareness

c) Submission of Final Report 24 months 20% of Contract d) Submission of final GAP report with Price brief reports on health camps

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Appendix 11: Land Rate & BSR Rate

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Appendix 12: Photographs of Non-Titleholder

1. MADHUKAR DANDE 2. BABAN AHER

3. VISWANATH JADHAV 4. KUNDALIK NIRGUDE

5.BAGAWAN NIRGUDE 6.TUKARAM MARKANDE

121

\ 7. SACHIN DANDE 8. DNYANOBA UMALE

9. SANTOSH BHALERAO 10. RAVI RATHOD

11. SUNDERSINGH RATHOD 12. BABULAL RATHOD

13. SHAIKH MASTAN 14. SHAIKH SALEEM SHAIKH RAJJAK

15. SHAIKH SHABBIR 16. SHAIKH AJEEJ SHAIKH NASEER

122

17. GOVIND RATHOD 18. PRAKASH CHAUHAN

19. SHAIKH JAVED 20.SHAIKH SADDAM SHAIKH HUSSAIN

21. SADASHIV RATHOD 22. SHAIKH KAYUM SHAIKH RASID

23. SHAIKH SALEEM SHAIKH RASID 24. SANTOSH KUBDE

123

25. ARVIND CHAVAN 26. HARIBHAU RATHOD

27. PRAKASH RATHOD 28. PRADEEP RATHOD

29. ANIL RATHOD 30. GOKUL PAWAR

31. VITTAL CHAVAN 32. SONAWANE

124

33. SANTOSH PUNDKE 34. BABAN KHANDARE

35. SUSHILA GAVALI 36. SANDEEP KHANDARE

37. RAJU KALE 38. PANDURANG MASKE

39. SAHEBRAO MASKE 40.SHIVRAM SHETE

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41. ANITA GHODE 42. SABBIR SATTAR BHATNASE

49. BHIMRAO RATHOD 50. AJAY HAKE

43. KAUSHALYABAI SHEJULE 44. ABDUL MANAN

51. VINOD JADHAV 52. VIDHARBHA PAN

45. ALTAFH PAN 46. SHAIKH MAJID

53. SANTOSH SAVADKAR 54. AMARNATH ANEKAR

47. SHAIKH AHFAZ 48. DASHARATH PAWAR

Appendix 13: Photograph of CPR

126

1. SHIV TEMPLE 2. FOREST TOLL NAKA OFFICE

3. FOREST OFFICE SHED 4. FOREST OFFICE

5. TEMPLE 6. SHIV TEMPLE