Resettlement Plan
July 2010
IND: North Eastern State Roads Investment Program
Road MLN1: Garobadha to Dalu (NH-51)
Prepared by Ministry of Development of North Eastern Region for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 16 July 2010) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0214546235 $1.00 = Rs46.610000
ABBREVIATIONS ADB – Asian Development Bank AP – affected person BSR – Basic Schedule of Rates CSC – Construction Management Consultant EA – Executing Agency GRC – Grievance Redressal Committee IA – Implementing Agency LAA – Land Acquisition Act, 1894 LVC – Land Valuation Committee MDONER – Ministry of Development of North Eastern Region NRRP – National Rehabilitation and Resettlement Policy, 2007 PD – Project Director PIU – project implementation unit PMC – Project Management Consultant PWD – Public Works Department R&R – resettlement and rehabilitation RF – resettlement framework RP – resettlement plan
WEIGHTS AND MEASURES km – kilometer m – meter
NOTE In this report, "$" 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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY
RESETTLEMENT PLAN ...... 7
1. Introduction ...... 7
2. Profile of the State of Meghalaya ...... 7
3. Project Description ...... 8
4. Scope and Objectives of the Resettlement Plan ...... 9
5. Resettlement Impacts...... 10
6. Socioeconomic Profile of the DPs ...... 16
7. Consultations and People‟s Participation ...... 18
8. Relocation and Compensation ...... 23
9. Issues Related with Indigenous People ...... 23
10. Gender Issues in the Project ...... 24
11. Policy Framework ...... 25
12. Institutional Arrangements ...... 38
13. Monitoring and Evaluation ...... 41
14. Cost Estimate ...... 43
15. Implementation Schedule ...... 46
List of Annexure
Annexure 1. Proposed Typical Cross Section of Road Annexure 2. Attendance Sheet Community Consultations Annexure 3. Socio-Economic Survey Questionnaire Annexure 4. List of Displaced Persons (DPs) Annexure 5. Land Acquisition Map Annexure 6. Land Acquisition Schedule Annexure 7. ToR for Monitoring Expert / NGO
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EXECUTIVE SUMMARY
Project Description 1. The proposed North East State Roads Investment Program (NESRIP) shall assist the six states of the Region to develop their road network and establish reliable road connectivity to the national and sub regional road networks. The Project will also build the capacity of road sector institutions at the state level and contribute to effective and efficient management of the road assets. The Project road section (MLN1) is within West Garo Hills District of Meghalaya. The road section starts from Garobadha village, passes through hilly and rolling terrain and ends at Dalu Village on NH-51. The length of the Project road, as per DPR study, is 93.4 kilometers.
Objectives of Resettlement Plan
2. The objective of this Resettlement Plan is to mitigate all unavoidable adverse social and resettlement specific impacts caused due to the upgrade of MLN1 road from Garobadha to Dalu. Further it aims to restore the livelihoods of the affected persons with special emphasis on the vulnerable affected groups by making provision of compensation to the affected persons at replacement cost.
3. Based on the surveys and investigations and detailed design, DPMC had submitted final Detailed Project Reports for the Project road section MLN1 Garobadha to Dalu (NH-51) under Tranche-1 in the State of Meghalaya during June 2008 under TA 4814-IND “TA Cluster for Project Processing & Capacity Development- Design & Project Management Support” for the proposed NESRIP. As stated in the DPR, there was no major Land Acquisition and/or Resettlement issue involved, a short Resettlement Plan was submitted along with the Final DPRs.
4. During the meetings held with the State PWD and the Consultant, under the present TA 7134-IND Preparing and Enhancing Implementation Readiness of the proposed NESRIP, it was felt necessary that re-verification survey of stretches of MLN1 should be carried out to establish any issues that may be envisaged due to the re-alignment as per the final DPR. Accordingly, the field survey has been carried out from 22nd July to 28th July 2009 along with Meghalaya State PWD officials. As Land Acquisition is required in a small stretch of about 400 m, in Zikzak village and acquisition of few properties, as detailed in succeeding paragraphs, a full Resettlement Plan is required. The present report is the revised version of the report submitted earlier as per the comments received from ADB dated 8th April 2010.
Resettlement Impacts 5. The proposed widening of Project road section MLN1 includes up-gradation of existing single lane carriageway to intermediate lane carriageway. The upgraded road will have a 5.5 m wide carriageway with 0.9 m wide shoulder on either side. A 0.9 m wide water drainage channel is proposed on hill side. The right of way (ROW) was determined based on the village revenue maps obtained from land revenue department. The average ROW available is 20m, varying from minimum of 10m to a maximum of 30 m. The land beyond the PWD ROW is predominantly owned by the village community or forest department. The village community land also known as „A-King‟ land is available for development related activities such as road widening that benefits the entire community. The proposed widening shall impact 21 villages across five blocks that lie en-route. As per socio-economic survey that was carried out, it was recorded that the most impacts shall be felt in eight villages of Zigzak block (40 households).
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6. The proposed design for the Project road involves widening of existing road and minor new alignments particularly at the locations where new bridges are proposed. The land acquisition will be required only at one realignment location in Zikzak village. A total of 972.95 sq. m. private land will be acquired for the project. The affected plots are smaller than the average land holding size of 1.30 Ha1. The residual land in all affected plots is thus smaller than average holding size.
7. It is estimated that there are a total of 340 Displaced Persons (DPs) as a result of the proposed project. This corresponds to a total of 99 Households (HH). Six of them are losing private land whereas the remaining are encroaching on government and PWD land and losing their built-up structure / assets. Total 95 built-up properties are affected which include 81commercial structures, 10 residential structures and four residential cum commercial structures. In addition, three community properties are being impacted. The total number of PAHs is 99 and the number of DPs is 340. Among the affected structures, two are permanent, 22 are semi-permanent and 71 are temporary. All the structures can be relocated near their existing location on available community land. Sufficient community land is available for the purpose as concluded during community consultations. The three community properties affected include gates of two monuments and one statue mounted on cement concrete platform. 60% affected structures are less than 3 years old and 30% are 4- 5 years old. Only 10% structures are more than 5 years old. A total of 274 private owned trees will be affected majority of them beetle nut trees.
8. Total 68 affected families were found to be vulnerable. These include 64 Scheduled Tribe families. Garo, Hajong and Koch are the main tribal communities among the affected STs. Nearly 69% affected people expressed their willingness to be relocated outside village in case the present business is completely disrupted.
Socioeconomic Profile 9. The average household size among displaced persons (DP) is 3.43. Out of total, 31% DPs are illiterate and 14% have received education up to primary level. The Scheduled Tribe population comprise of 68.4% of the total, most of these are Garo, Hajong and Koch. Among the DPs in working age, 46% are working with most of them engaged in small business like running petty shops etc. 72% affected households are engaged in business and trade. Agriculture and agricultural labour is main economic activity in project area. It is source of income for nearly 12% affected households. Nearly 46% of the DPs have monthly income of less than Rs 2000 per month. Another 19% have income of less than Rs 3,000 per month, 5% have income between Rs.3,000 to Rs.4,000 per month and 29% have a monthly income of more than Rs 4,000 per month.
Issues related with Indigenous People 10. The socioeconomic impacts due to the proposed project will not be different for indigenous people from the mainstream population. Hence, no separate Indigenous People Development Plan has been prepared for this sub-project and the issues pertaining to them are addressed through specific measures in this Resettlement Plan.
1 Source: Census of India, 2001 5
Gender Issues in the Project 11. Women in the region and also along the project corridor are largely involved in household work, collection of forest produce, firewood collection, cultivation and other agricultural activities. They use the road for their routine household activities and economic activities such as agriculture and marketing etc. However, there are no women headed households among the DPs. Hence the positive benefits ensuing from the availability of all weather roads shall be safer connectivity and better transport services. Their mobility will be significantly enhanced both in terms of access to social services, higher levels of schooling and better health facility, among others.
Community Consultations 12. The DP were consulted to understand their concerns and to elicit suggestions on the types of mitigation measures that should be considered to address their concerns. Community consultations and focus group discussions were held with affected communities in villages at Nirghrini, Betasingh, Ampati, Unchpara, Kalaipara, Gopinath Killa, Babelpara, Bhatua, Dalu and Zikzak villages that lie en-route. A total of 157 persons participated in 10 meetings and included community members, village council, casual labour, students, shop keepers, teachers, and housewives. It was found that the people were generally enthusiastic towards the proposed project. They believe that project will bring provide better accessibility to education centers, health facilities, market places and other facilities as are available in nearby towns and thereby lead to overall socio-economic development. Some people raised the concern about the quality of road construction. People also raised concern about the safety issues and expressed the need for footpaths and crossings for pedestrians.
13. In Zikzak village where private land acquisition shall be required, the affected community comprising teachers, shopkeepers, students and the village „Gaonbura’ agreed that the proposed realignment was the best option as it would have better geometrics and thereby better road safety for both vehicles and local people. The community accepted the impacts on their land and indicated their willingness to relocate to an alternative location. Though community land for relocation was scarce, the village council members and ‘Gaonbura’ agreed to identify the required land and also extend all possible cooperation in the exercise.
14. The „Gaonbura’ and other village leaders expressed that the community land or „A- king land‟ can be made available for the improvement of road wherever required. They further agreed that the roadside shops can be relocated on the community land away from the existing road pavement, thus minimizing the relocation impact on affected people.
Policy Framework 15. The Policy Framework agreed between the ADB and State Government is the basis of entitlements and other rehabilitation measures proposed under the project. The broad resettlement principle for this project is complying with national legal frameworks and ADB's Safeguard Policy Statement (SPS), 2009. Though the Land Acquisition Act of 1894 is applicable for carrying out the Land Acquisition, the entitlement framework that has been adopted and approved by the Government of India and the respective States will also be utilized. This Entitlement Framework has been provided in Section 11, Table 21 of this report.
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Institutional Arrangements 16. For resettlement activities, the Executing Agency, i.e. MDONER, will do the overall coordination, planning, implementation, and financing. The MDONER will create a Resettlement Cell to ensure timely and effective implementation of RPs. The MDONER will coordinate with State PWD PIU for project level RP related activities. The Project Director at PIU will be responsible for overall implementation of resettlement and rehabilitation (R&R) activities according to the Plan. The PIU will have a Resettlement Unit with at least one full- time Resettlement Officer for the duration of resettlement activities. A well-qualified NGO/trained field staff from PWD will be engaged to assist the PIU in the implementation of the RP. The Grievance Redressal Committee (GRC) will be constituted at PIU level in order to assist the DPs in resolving queries and complaints. The committee will comprise of Project Director, Resettlement Officer, representative from local NGOs, elected representative from zila parisad, representatives of affected persons including vulnerable groups and women in the committee. The GRC will meet at least once in three weeks to resolve the pending grievances.
Monitoring and Evaluation 17. Internal monitoring will be the responsibility of the PIUs and NGO/ field staff. An independent Expert/NGO to be engaged by MDONER at the EA level for verification of the monitoring information collected by the PIU. The expert will carry out the regular monitoring and evaluation and report on quarterly basis to the ADB.
Cost Estimate 18. The R&R cost estimate for this Project road includes compensation for lost assets and resettlement assistance etc as per applicability of the policy. It also includes the contingency charges and the cost of hiring NGO and external monitoring. The replacement cost is determined in terms of the market rate. The total estimated R&R cost of the Project is Rs. 1,19,00,000 (One Crore Nineteen Lakh only).
Implementation Schedule
19. The period for implementation of RP has been taken from first quarter of 2010 to second quarter of 2011. Typical RP related activities that require to be performed shall include: planning, surveying, assessing, institution identification, PAP participation, and implementation besides monitoring that shall be carried out concurrently and will continue beyond the period of RP implementation and culminate with a post-implementation evaluation. 7
RESETTLEMENT PLAN
1. Introduction
1. The total geographical area of the North Eastern region is 2,62,179 sq. km. which is nearly 8% of the total area of the country. In terms of population, the region has 39 million which is approximately 3.8% of the total population. The region, though rich in natural resources, remains one of the most economically backward regions in the country. The overall growth rate in the region has remained low over the past and has been characterised by lack of infrastructure facilities and basic amenities. The per capita income in the region in the year 2001 was Rs. 6,625 which was much below the national average of Rs. 10,254. More than 34.3% people in the region are living Below Poverty Line (BPL) – a figure that is higher than the national average of 26.1%.
2. The proposed North East State Roads Investment Program (NESRIP) is a part of the Ministry of Development of North Eastern Region's (MDONER)2 initiative to bring the North Eastern Region into the mainstream of development. The project will assist the six states of the region to develop their road network and establish reliable road connectivity to the national and subregional road networks and thus facilitate regional integration and trade flows. The project will also support capacity building of road sector institutions at the state level and contribute to effective and efficient management of the road assets.
2. Profile of the State of Meghalaya
3. Meghalaya emerged as a full-fledged State within the Union of India on 21st January 1972. „Meghalaya‟ (not an indigenous name) meaning „abode of clouds‟ reflects the salubrity of its climate. The wettest places in the world are also located here. The state has an area of 22429 sq. km. and is located between 24057‟ North latitudes and 26010‟ North latitudes and 89046‟ and 92053‟ East longitudes. The temperature varies from 2 degrees Celsius to 35 degrees Celsius depending upon the altitude which varies in hills from 300 meters to 2000 meters above mean sea level. It has predominantly hilly terrain with foothills as plains and flood-prone areas. It is bounded by the Brahmaputra valley of Assam in the North and Northwest and Cachar area of Assam in the East; the Surma valley (Bangladesh) borders it in the South and partly in the Southwest. Meghalaya has about 443 km of international border with Bangladesh. The capital of Meghalaya, Shillong was also undivided Assam‟s capital from 1874 till January 1972. Shillong is located at an altitude of 1496 metres above mean sea level.
4. The State has a population of 2,318,822 as per the 2001 census of which 80.4% live in the rural areas and are largely dependent on agriculture for livelihood. The overall population density of 103 (324 all India) per sq. km. has shown increase as against 15 per sq. km. in 1901. The sex ratio continuously declined from 1,036 in 1901 to 937 in 1961. Since then it shows an upward trend and stands at 972 in 2001 (See Table 1).
2 Ministry of Development of North Eastern Region (MDONER) was set up in September 2001 to act as the nodal department of the Central Government to deal with matters pertaining to socio-economic development of the States of North East India.
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Table 1 – Profile of Meghalaya State Name of District Headquarters Area Population Density of Sex ratio (sq.km) (2001 population Census) per sq.km Jaintia Hills Jowai 3819 299108 78 996 East Khasi Hills Shilliong 2820 660923 241 981 Ri Bhoi Nongpoh 2376 192790 79 941 West Khasi Hills Nongstoin 5247 296049 56 968 East Garo Hills Williamnagar 2603 250802 96 966 West Garo Hills Tura 3715 518390 141 968 South Garo Hills Baghmara 1849 100980 54 942 Meghalaya Shillong 22429 2318822 103 972 Source: Meghalaya Human Development Report
5. The State has a total of 5,782 inhabited villages (2001 census). Its population growth during the last decade (1981-1991) showed an increase of 31.80%. During 1991-2001 the annual growth of population is 2.29% against national rate of 2.14%. However, decadal variation in population of the State reveals an increase in the post-independence era which could be owing to a multiplicity of factors including influx, better health facility and reduction in mortality, etc.
6. The population of Meghalaya is predominantly tribal. The main tribes are Khasis, Jaintias and Garos, besides other plain tribes such as Koch, Rabhas, and Bodos, etc. The Khasis, (the Khynriams, Jainti as, the Bhois, the Wars sometimes are called the Hynniewtrep as a group) predominantly inhabit the districts towards Eastern part of Meghalaya, belong to the Proto Austroloid Monkhmer race and have been indigenous in these hills for a long time. The western part of the State, the Garo Hills, is predominantly inhabited by the Garos. The Garos belong to the Bodo family of the Tibeto-Burman race. They are also an indigenous population, said to have migrated from Tibet in its racial dispersal. Principal languages in the state are Khasi and Garo, with English as official language.
3. Project Description
7. The road section MLN1 (Garobadha to Dalu –NH-51), in the state of Meghalaya is one of the roads identified for upgradation under the Tranche 1 of North Eastern Road Sector Investment Program. The road had been identified based on a detailed study on a priority basis through a feasibility study covering about 2,500 kilometers of road sections including State Highways, MDR and other roads that were identified as priority sections for the entire NE States. Selection criteria used included conditions of the road sections, volume of traffic, need for connectivity and local strategic importance. A total of 1,200 km was identified for upgrade under the Program. The Project road section (MLN1) is within the West Garo Hills District of Meghalaya. The map showing the location of road is presented in Annexure 1. Road section starts from Garobadha village, the road passes through completely hilly terrain up to end of the Project road i.e. Dalu Village on NH-51 and some sections through rolling terrain. The length of the Project road is 93.4 kilometers. The 9
proposed widening of MLN1 road section includes up-gradation of existing single lane carriageway to intermediate lane carriageway. The upgraded road will have a 5.5 m wide carriageway with 0.9 m wide shoulder on either side and 0.5 m extra widening for curves. A 0.9 m wide water drainage channel is proposed on hill side. Hill cuttings in the slope of 1:4 are proposed at some places. The total land width required varies between 8.5 to 10 m. The typical cross section of road is given in Annexure 2. In addition to the normal widening, new bridges are proposed at a number of locations for which new approach roads are required.
Photo 1: Existing Project Road and adjacent areas
4. Scope and Objectives of the Resettlement Plan
8. The Resettlement Plan for road section (MLN1) from Garobadha to Dalu in the state of Meghalaya is a part of DPR study. Considering the significant resettlement impacts3, a Resettlement Plan has been prepared for mitigation of adverse involuntary resettlement impacts. The plan is based on the detailed site investigations, survey findings and consultation with various stakeholders in compliance with ADB SPS (2009), to protect the rights of affected persons and communities. The scope of the Resettlement Plan includes all the persons and their assets along the 21 villages that lie en-route the project road. These villages are Barengapara, Betasing, Nirghrini, Bhatua, Bolangre, Chandagui, Chottubolangre, Genapara Gobindopara, Hatimara, Thokpara, Tokpara, Garobadha, Bidukura, Bildoa, Gofraigaon, Kalaipara, Magurmari, Nagarpara, Ponchapara and Zigzak.
9. The aim of this Resettlement Plan (RP) is to mitigate all unavoidable adverse social and resettlement impacts caused due to the upgrade. The resettlement impacts have been minimized wherever possible and mitigation measures have been proposed for the un- avoidable residual impacts by a variety of measures. The issues/aspects identified and addressed in this RP are: Type and extent of loss of land and non-land assets, loss of livelihood or income opportunities and collective losses such as common property resources and social infrastructure;
3 The resettlement impact is considered significant if the number of Project Affected Persons (PAPs) is 200 or more. In case of impact on indigenous or vulnerable communities, the impact is significant if the number of PAPs is 100 or more and 50 or more in case of impact on particularly vulnerable communities (Source: ADB Handbook on Resettlement- A guide to good practice, 1998)
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Impacts on Indigenous people, vulnerable groups specifically women; Consultation with stakeholders and scope of people‟s participation in the Project; Existing legal and administrative framework; Entitlement matrix4 with provisions for relocation assistance and restoration of businesses/income; Estimation of cost for implementation of R&R activities; Institutional framework for the implementation of plan including mechanisms for monitoring and evaluation mechanism and grievance redressal.
5. Resettlement Impacts
10. The Project road passes through hilly areas and rolling terrain with plain tracts along major stretch on road. The roadside land is mainly barren owned by government or village community leading to minimal impact due to acquisition of private land. There are, however, a large number of commercial structures along the road both temporary as well as permanent in nature. The majority of impact will be due to shifting of roadside commercial structures. The acquisition of private land and relocation of residential structures will be required at one location where proposed new alignment passes through residential habitation area.
11. The land beyond the PWD right of way (ROW) is predominantly owned by the village community or forest department. The village community land also known as „A-King‟ land is available for development related activities such as road widening that benefits the entire community. The availability of A-King land was discussed with the community leaders and village elders, the details of which are presented in Section 6. Minimization of Resettlement Impacts 12. The following specific measures have been proposed to minimize adverse involuntary resettlement impacts due to up-gradation of this road section: Widening the road within ROW as far as possible subject to technical limitations; Planning for widening of road in such a manner as to avoid the impact on built-up properties; and Protecting residential, commercial, cultural properties and community structures by providing retaining walls etc. Analysing the various alternatives for realignment and selecting the alternative with least amount of land acquisition and resettlement impacts. Land Acquisition
13. The ROW was determined based on the village revenue maps obtained from land revenue department. The average ROW available is 20 m, varying from minimum of 10 m to a maximum of 30 m. The detailed site investigations were carried out particularly at the locations with limited ROW availability and realignment locations.
4 This Entitlement Matrix has been developed on the basis of provisions spelled out in the RF and, accordingly, includes provision of compensation for all probable impacts and measures. 11
14. The proposed design for road involves widening of existing road and minor new alignments particularly at the locations where new bridges are proposed. The land acquisition will be required for realignment proposed in Zikzak village (From Km 31.620 to Km 32.000). The proposed alignment is passing through the habitation over the private land. Though the land is utilized for habitation, as per land revenue records, it is classified as agriculture land. Apart from above alignment passing through habitation area, all the other realignments are on government or community land. The proposed realignment locations and their land tenure status are presented in table below. Table 2 – Land ownership status at bridge realignment locations S. Realignment Land Ownership Remarks No. Location Status 1 Km 4.520 to 4.540 Community Land Within PWD Land (Road Side) 2 Km 28.380 to Community Land River/ Barren community land 29.380 3 Km 29.900 to Community Land River/ Barren community land 30.080 4 Km 33.000 to Community Land River/ Barren community land 33.140 5 Km 31.620 to Private Land Realignment passing through habitation 32.000 area, residential structure will be affected 6 Km 33.600 to Community Land River/ Barren community land 33.740 7 Km 34.500 to Community Land River/ Barren community land 34.700 8 Km 35.960 to Community Land Already under construction on 36.340 community land 9 Km 36.500 to Community Land River/ Barren community land 36.260 10 Km 43.240 to Community Land Barren community (A-king) land 43.480 11 Km 52.860 to Community Land Proposed alignment passes through 53.240 community land through weekly market area and school area. One market building and a small kitchen of school will be affected. 12 Km 58.460 to Community Land Within PWD Land 58.520 13 Km 59.980 to Community Land River/ Barren community land 60.240 14 Km 65.580 to Community Land Already under construction on river/ 66.000 barren community land 15 Km 79.800 to Community Land River/ Barren community land 80.100 16 Km 80.660 to Community Land Already under construction on barren 81.100 community (A-king) land
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17 Km 88.700 to Community Land Already under construction on river/ 88.900 barren community land Source: Socioeconomic Survey, 2008 and Verification Survey, 2009. 15. The investigations were carried out at all the 17 locations of the proposed new bridges. It was found that four of these are already under construction. For the remaining bridges the additional land will be required beyond the ROW, however, the land acquisition will be required for only one realignment as already discussed above. The roadside land beyond the ROW is mostly community land or the „A-King land‟ which can be available for construction of new road alignments.
16. Barring the realignment locations, there will be normal widening along the existing alignment for which sufficient RoW or community land is available.
17. The total of 972.95 sq. m. land will be acquired for the project from four private plots. Total 6 households are affected due to land acquisition as one of the plot is jointly owned by three owners. Only one owner is losing more than 10% land (nearly 14%) whereas the rest of land owners are losing less than 10% of their land. The land acquisition details are presented in Annexure 6 Land Acquisition Schedule and further illustrated with the help of revenue map in Annexure 7 Land Acquisition Map.
Impact on Private and community properties 18. As per the SPS, 2009, "the displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas."
19. It is estimated that there are a total of 340 displaced persons (DPs) as a result of the proposed project. This corresponds to a total of 99 households (HH). Six of them are losing private land whereas the remaining are encroaching on government and PWD land and losing their built-up structure/assets. During the Census surveys, details could be collected for only 80 properties of the total as the remaining 19 properties were found locked or the respondent(s) were not available. The number of DPs for the properties whose respondents were not available is estimated on the basis of average household size of 3.43, as per the socio-economic survey findings. Table 3 gives a summary of impacts due to the Project. The list of DPs and type impact is given in Annexure–5. 13
Table 3 – Number of Displaced Persons and Households Block Total DPs Number of HHs Percent Barengapara 20 5 5.8% Betasing 53 16 15.7% Dalu 76 22 22.2% Selsela 58 16 17.0% Zigzak 133 40 39.2% Grand Total 340 99 Source: Socioeconomic Survey, 2008 20. In addition to the private properties, three community properties are affected which include gates of two monuments and one statue mounted on cement concrete platform. Table 4 gives number of community properties affected by the type of property. Table 4 – Impact on Community Properties S. No. Type of Property Number 1 Gate of Monument 2 2 Statue on Platform 1 3 Total 3 Source: Socio-Economic Survey, 2008 and Verification Survey 2009. 21. The location of community properties along the project road is given in Table 5. Table 5 – Location of Affected Community Properties S. No. Type of Property Location 1. Monument Gate (Barbapela) L.H.S. 65.430 K.M. 2. Monument Gate (Barbapela) R.H.S. 65.430 K.M. 3. Statue with platform (Genapara) R.H.S. 65.130 K.M. Source: Socioeconomic Survey, 2008 22. As can been seen from Table 6, majority of the properties are occupied by their owners and only a fraction of these impacted households are tenants. Nearly 74% of affected properties are self owned.
Table 6 –Ownership Pattern Owner 73 73.7% Tenant 7 7.1% Locked Structure/Respondent not available 19 19.2% Total 99 Source: Socioeconomic Survey, 2008 23. As shown in Table 7 below, 10 residential structures, 81 commercial and 4 residential-cum-commercial structures are affected.
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Table 7 –Type of Use Private Affected Properties Residential 10 10% Commercial 81 83% Residential-Cum-Commercial 4 4% Total 95 Source: Socioeconomic Survey, 2008
24. The commercial and residential cum commercial properties are 87% of the total affected properties. All these are roadside business activities including the grocery stores, tea stalls cum dhabas, cycle repair, paan kiosks, etc.
Type of Structure
25. Permanent structures are defined here as those having RCC roof and brick walls. Semi-permanent structures are having brick walls. Only one structure of the total affected structures is permanent (Pucca) type. Nearly two-thirds of the structures have asbestos roof whereas one third have thatched roof. Two affected structures are permanent, 22 are semi- permanent and 71 are temporary (Kutcha). The classification of the type of structures affected is given in Table 8. Wooden boundary wall of one structure will be affected. Table 8 – Type of Structures Permanent Semi-permanent Temporary Total Numbers 2 22 71 95 Percent 2% 25% 75% Source: Socioeconomic Survey, 2008 * One impacted asset is a loom and the other is a plantation
26. Majority of the structures are newly constructed (within last three years). Table 9 shows that 60% of the structures have been occupied for less than 3 years whereas 30% of the structures have been occupied for 4-5 years. Table 9: Number of Years of Occupancy 0-3 Years 4-5 Years >5 Years Not Known Number of Structures 6 3 1 11 Percent 60% 30% 10% - Source: Socioeconomic Survey, 2008 27. People‟s preferences on R&R options were discussed during community consultations. The block wise relocation preference given by affected people is presented in Table 10. The table shows that 68.6% people have given preference to relocate outside their village. Majority of the affected properties are roadside commercial structures. Since the livelihood of people depend on roadside commercial structure, they fear unemployment if structure is relocated. People have expressed their preference to get relocated outside the existing village hoping for employment and income generating opportunities. 15
Table 10 – Preference for Resettlement Within the same village Outside the village Barengapara 50.0% 50.0% Betasing 31.3% 68.8% Dalu 26.7% 73.3% Selsela 22.2% 77.8% Zikzak 35.7% 64.3% Total 31.4% 68.6% Source: Socio-Economic Survey, 2008 and verification survey 2009. 28. Since the proposed project involves only widening the impact of relocation can be avoided by shifting the structures away from the existing road near original location. Sufficient community land is available for this purpose.
Impact on Trees
29. A total of 274 private trees will have to be cut due to the proposed road widening works. The species of trees impacted include Jackfruit, Mango, Citrus, Litchi, Pear, Agor and Coconut, of which a majority are beetle nut trees. The Table below presents the type and number of trees affected due to project. Table 11: Types of Private trees affected S.No. Tree Number Percent 1 Beetle nut 229 83.6% 2 Jackfruit 10 3.6% 3 Mango 16 5.8% 4 Citrus 2 0.7% 5 Litchi 2 0.7% 6 Pear 1 0.4% 7 Agor 1 0.4% 8 Other 13 4.7% Total 274
Vulnerability
30. Only 80 out of 99 affected households that were available for response during census surveys. 52 families were reported as scheduled tribes which is 65% of the total. Only two families are Scheduled Caste which is 3% of total. The information on family income was available from 76 households out of which 20 are BPL which is 20% of the total. There are no Woman Headed Households among affected families. Since 19 no respondent was available in case 19 affected properties, the overall vulnerability are estimated based on the above percentages. The vulnerability is presented in Table 12 below.
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Table 12: Vulnerability status of DPS Vulnerability Criteria Percent Estimated Number of PAHs SC 3% 3 ST 65% 64 BPL 5 20% 20 WHH 0% 0 Total vulnerable families 68
Indigenous People
31. Meghalaya is a predominantly tribal state. Of the total population of 2,318,822 persons (Census 2001), the tribal population of 1,992,862 constitutes 85.9%. In the project impacted district of West Garo Hills, 76.6% of the total population are Scheduled Tribes. The affected families are from different tribal communities that include Garo, Hajong and Koch. Only one affected family is reported from general category. The Garos are the dominant tribe in the region and are the mainstream population. The tribal communities will not be particularly disadvantaged as compared to other communities present in the Project area. The affected indigenous will be provided additional assistance as rehabilitation grant as per the policy framework of the Project.
6. Socioeconomic Profile of the DPs 32. The road widening shall impact a total of 21 villages across five blocks that lay en- route. The list of project affected households, segregated by block is presented in Table 13 below. As per survey, the most impacts (40 households) shall be felt in the 8 villages- Bidukura, Bildoa, Gofraigaon, Kalaipara, Magurmari, Nagarpara, Ponchapara and Zigzak in Zigzak block.
Table 13 – Total No. of Impacted households by Block Block Villages in the block Total PAHs Barengapara Barengapara 5 Betasing Betasing, Nirghrini 16 Dalu Bhatua, Bolangre, Chandagui, Chottubolangre, 22 Genapara Gobindopara, Hatimara, Thokpara, Tokpara Selsela Garobadha 16 Zigzak Bidukura, Bildoa, Gofraigaon, Kalaipara, 40 Magurmari, Nagarpara, Ponchapara, Zigzak Grand Total 99* Source: Socio-Economic Survey, 2008 33. The average household size among the DPs is 3.43. Among the 99 affected structures, 19 structures were found to be locked at the time of survey and no respondent
5 Among the BPL, 19 out of total 20 are ST/SC, hence already counted as vulnerable. Only one family from general category. 17
were available. Tables 14-19 below provide socio-economic details only for the 80 households that could be surveyed.
Table 14 – Gender Ratio of DPs Male Female Total 55% 45% Source: Socio-Economic Survey, 2008 34. Majority of impacted population are males as can be seen from above Table 14.
35. Table 15 shows that nearly 31% affected persons are illiterate and 14.3 % DPs have received education up to primary level. 42.6% have received education higher than the secondary level and only 32 persons (12%) of the total have received education up to graduation level or above with most being in Barengapara block.
Table 15 – Education Profile of DPs Name of Block Illiterate Primary (Class IV) Secondary (Class V-X) Graduate
Barengapara 38% 0% 15% 46% Betasing 30% 16% 46% 7% Dalu 36% 13% 39% 13% Selsella 32% 16% 41% 11% Zigzak 22% 14% 53% 10% Total 31% 14% 43% 12% 36. A majority of the affected population belongs to the Scheduled Tribe, while the rest belong to OBC (17%) and General (12%) catagories. Table 16 illustrates this. The table shows that 68.4% DPs belong to the Scheduled Tribe. 2.6% DPs are SC and 17.1% OBC. Remaining 11.8% are from General category. Table 16 – Social Stratification Name of Scheduled Scheduled Caste Other Backward General Block Tribe Class Barengapara 0.0% 0.0% 100.0% 0.0% Betasing 73.3% 0.0% 26.7% 0.0% Dalu 93.8% 0.0% 0.0% 6.3% Selsella 21.4% 14.3% 14.3% 50.0% Zigzak 82.1% 0.0% 14.3% 3.6% Total 68.4% 2.6% 17.1% 11.8% Source: Socioeconomic Survey, 2008
37. The socioeconomic surveys have revealed that nearly 54% of the DPs in the working age (between 15 to 60 years of age) are non-working while 46% are working. Total 6% of the DPs are in non-working age i.e., children or elderly and are excluded from the above analysis of working / non working people. Table 17 shows distribution of working and non- working people among the DPs of working age.
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Table 17 – Percentage of Working Population (within age group 15-60) Working Non-Working 46% 54% Source: Socioeconomic Survey, 2008
38. Though the main occupation of this area is agriculture, most of the affected households are primarily engaged in small business like running petty shops etc. Table 18 indicates the income levels of the affected households. 46% of the households belong to BPL category having an income of less than Rs. 2000 per month, while 29% of the population has an income of Rs. 4000 or more. Table 18– Income Categorization of affected earning DPs Name of Block Less than 2000 2000-3000 3000-4000 4000 and above Barengapara 20.0% 20.0% 0.0% 60.0% Betasing 48.0% 36.0% 4.0% 12.0% Dalu 56.7% 16.7% 3.3% 23.3% Selsella 43.9% 19.5% 7.3% 29.3% Zigzak 38.9% 0.0% 5.6% 55.6% Total 46.2% 19.3% 5.0% 29.4% Source: Socioeconomic Survey, 2008 39. The main income source of the affected households is presented in Table 19 shows that 72% of the DPs augmented their income through business or trade. 10% are working in government service. Agriculture is source of income for nearly 12% DPs. Table 19 –Sources of Income Name of Agriculture Non Agri. Only Govt. Private Block /Agri. Labour Labour Business / Service Service Trade Barengapara 0% 0% 60% 40% 0% Betasing 8% 8% 80% 4% 0% Dalu 10% 13% 68% 10% 0% Selsella 20% 0% 65% 13% 3% Zigzak 6% 0% 88% 6% 0% Total 12% 5% 72% 10% 1% Source: Socioeconomic Survey, 2008
40. As can be seen from the above table, majority of the households are engaged in business or trade and own shops along the road such as tea shops, cycle repair shops, etc. Nearly 88% DPs in Zikzak engage in business and trade. 40% DPs from Barengapara are employed in government service as compared to 10% government servants among all DPs.
7. Consultations and People’s Participation 41. During the detailed survey, community consultations were held along the project corridor as well in the many villages that fall en-route. Consultations checklists (Annexure 19
6) were used to cover issues relating to demographic details of each village, economic resource base, perceptions of the community with respect to the benefits, apprehensions of the community and their willingness to contribute and finally their endorsement (or otherwise) of the proposed project. Information was disseminated about the project and its benefits and impacts. Attempt was made to elicit suggestions from them and to incorporate the same in plan document. Also the approach adopted to minimize impact and timing of construction was informed to them to elicit their response. People were asked about their preference of resettlement during the census and socio-economic surveys. Ensuing paragraphs summarize the details and outcomes of interactions held in different villages.
42. Focus group discussions were held with business persons and women (housewives) and students as well. In total, 10 meetings were held at Nirghrini, Betasingh, Ampati, Unchpara, Kalaipara, Gopinath Killa, Babelpara, Bhatua, Dalu and Zikzak village. A total of 157 persons participated in these meetings and they included community members, village council, casual labours, students, shop keepers, teachers, and housewives. Some of these meetings were conducted in the presence of the PWD engineers.
43. Awareness about the Project: Most of the respondents were asked questions relating to their awareness of the project. Only a few persons responded that they were aware of the project. Some however added, normally such information is provided to them by officials who occasionally meet them.
44. Willingness to contribute/cooperate: In all villages, the surveyed population was very receptive to the project. The affected persons understood that widening of the road would be beneficial to the whole community and would spur development in the area. Impacts such as dismantling of structures, loss of land and livelihood were explained to them. They understood the implications and accepted the impacts as being necessary to development.
45. They were willing to shift back where necessary and possible. They assured that whenever the project was implemented, they would ensure full cooperation to the authorities. In Zikzak village, two new bridges are to be constructed in the new alignment. Besides, the existing road is narrow with built up structures on either side and has a sharp turning just before the first bridge (Photo 3). The affected community comprising teachers, shopkeepers, students and the village ‘Gaonbura’ agreed that the proposed realignment was the best option as it would have better geometrics and thereby better road safety for both vehicles and people. The community accepted the impacts on their land and indicated their willingness to relocate to an alternative location. Though community land for relocation was scarce, the village council members and ‘Gaonbura’ agreed to identify
Photo 3: Sharp Curve before the bridge at Zikzak village 20
the required land and also extend all possible cooperation in the exercise.
46. In Gopinath killa village, farming community was ready to give their portion of land but insisted that a good quality road be built. In Kalaipara, villagers informed that owing to poor road condition, the area witnessed accidents, of which some proved fatal. Hence, they expressed happiness at the proposed widening of the road and also their willingness to cooperate. They requested that a better and broader road/highway for both pedestrians and vehicles, would enable free and safe movement for all.
47. Benefits perceived: All affected persons shared the same sentiment that a wider road would result in better transportation leading to better safety implying fewer accidents; be beneficial for their school going children; improve transportation and enable better access to other areas. Affected persons in Bhatua village observed that the existing road is too narrow and travelling on such roads holds risk, in particular for smaller vehicles and their children. They observed that a wider road would enhance safety significantly. They further perceived that sooner the road widening works are complete, such benefits shall accrue to them.
48. Compensation and rehabilitation: Options for compensation and rehabilitation were discussed in all meetings. Most of the affected population also indicated their desire to be compensated for the assets that are acquired. In Zikzak village where the realignment is proposed to improve the existing curve alignment, the existing road is narrow and has built up structures on either side. This implies that avoidance of impact on structures is not possible and impacts are bound to take place. The villagers were willing to relocate to another location provided adequate compensation is paid for their land, other built up structures and immovable property on their land.
Photo 4 – Consultations with affected persons at Zikzak village
49. Fears and concerns expressed: In village and other market areas such as Garobadha, communities indicated that safety measures should be ensured. Communities at Zikzak village reported that while they were consulted for the same purpose on earlier occasions, no work had started. As a result, they wanted an assurance that the road construction will commence at the earliest. While communities in Betasing village expressed that roads should be without pot holes, in Gopinath Killa village, communities wanted the existing roads to be repaired soonest possible. Also, communities requested that beside 21
pathways and footpaths, proper drainage system be provided so that roads are free from stagnant water. At Nirghrini village, communities expressed need for other development activities as well.
50. Other suggestions from the affected community: During consultations, the affected communities made suggestions on the road construction activity. Some of these are: i) provision of speed breakers and setting of speed limits on vehicles; ii) better drainage system for ensuring good maintenance of the road; iii) a better transportation system for enhancing access to other areas and iv) local labour should be involved in construction.
51. Consultations with women: Women constitute a vulnerable group because they may be excluded from participation and are often exposed to greater risk of impoverishment. It is considered appropriate and also a good practice to reach out to such vulnerable groups by organizing separate focus groups discussions, as they may not always participate in public forums. They were consulted to: i) provide information on the proposed road widening project; and ii) to record their views, concerns and perceived benefits arising from the proposed project. Women particularly expressed satisfaction at the road widening project. They observed that the existing roads had many pot holes and hence risky, particularly for their children. At Nirghrini village, women stated that a wider road will be much easier and safer for travel.
52. Details of consultations that were organized at different locations along the road are presented in Table 20 below.
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Table 20 – Findings of Community Consultations S. Location Participants Issues discussed, comments and No. (Venue, Date and suggestions from community Time) 1 Nirghrini Village, 10 participants - If the road is widened, it will be much 19.05.2008 including business easier and safer men, house wives - People desired wider roads and students - They are even willing to give their lands, if required - They perceive road as a medium of overall development 2 Betasing Village, 10 participants - People are looking forward for better 19.05.08 village community and wider roads with proper drainage system - They said that the roads should be without any pot holes - They suggested, foot path is must for them, especially for school going children - They also said that speed breakers should also be constructed and speed limits should be given to the drivers 3 Onchapara Village 16 participants - Local labour should be engaged in 19.05.08 mostly casual construction labour
4 Zikzak Village 12 participants - People wanted an early start of the 19.05.08 from village Project. They were unhappy with community delays in initiating the projects - They expressed unhappiness that similar consultations were proposed earlier but no work started. 5 Kalaipara Village 11 participants - People were concerned about the road including the safety issues village council - They informed that many accidents secretary, farmers are reported on this road and government - They wanted wider roads with service men sufficient space for movement of pedestrians 6 Gopinath Killa 28 participants - People expressed the need to improve village 19.05.06 including mostly the condition of the road and provide farmers footpath and crossings
7 Dalu Village 16 participants - People were enthusiastic about the 10.05.06 including upcoming project. They were even 23
Table 20 – Findings of Community Consultations S. Location Participants Issues discussed, comments and No. (Venue, Date and suggestions from community Time) businessmen, willing to give their lands but in return labour and they want better roads servicemen - They suggested that the roads must be with proper drainage system to avoid stagnating water, and footpaths are must. The attendance sheets of above consultations are given in Annexure 7.
53. The consultations and discussions with the project affected people will be a continuing activity throughout the implementation of the project and PIU will be assisted by local NGO or adequate field staff deputed from PWD for it. The NGO/ field staff involved in the implementation activities will keep the affected people informed about the impacts, the compensation and assistance proposed for them and facilitate addressing any grievances. The updated resettlement plan and the entitlement matrix based on final and detailed design shall be translated into the local language and will be disclosed to affected persons. These documents will also be made available at offices of MDONER, PIU and on the ADB website.
8. Relocation and Compensation
54. There are 80 commercial, 10 residential and four residential-cum-commercial structures that are getting affected due to the project. All the affected structures are located close to the road and will have to be shifted back by a few meters. Sufficient ROW is available for this purpose. The land revenue records have revealed that most of the land adjoining the PWD ROW is government or community land. The community land is also known as A-King land. The community leaders were consulted on the issue and they informed that the availability of community land for the purpose of relocation will not be a problem. During implementation, the payment of compensation/ assistance and reconstruction of the community properties will be monitored by the PIU with the assistance of Project implementing NGOs.
9. Issues Related with Indigenous People
55. In the state of Meghalaya, the tribal (Scheduled Tribe) population constitutes more than 85% of the total population with two major tribes i.e. Khasi and Garo. Almost all the affected families belong to the Scheduled Tribe. The intensity of impact will be low as the affected structures will be shifted by a few meters near the same location. All the affected structures are temporary or semi-permanent and no permanent structure is affected. The main source of income of these tribal households is petty business and they engage in additional income generation activities such as agriculture and non agriculture labour. Some are also engaged in government and private jobs.
56. The tribal population in Meghalaya and sub-project affected area are dominant
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population of the state. Tribal groups in the sub-project area freely interact and share their sources of water, folklore, food, infrastructure and other belongings6 with the mainstream population and outside community. Moreover, these groups are open to new ideas like family planning and formal education. Therefore, the socio-economic impacts due to sub- project will not be different for these people when compared with mainstream population. Keeping in view above facts, no separate Indigenous People Development Plan (IPDP) has been prepared for this sub-project.
10. Gender Issues in the Project
57. Gender is a major but not the only differentiating factor conditioning divisions in human societies. Basically biological, it is reflected in cultural norms that assigned specific roles to men and women in a society. In the present day context, education, economic independence, employment and political participation are major indices of women‟s status in the society. Norms established are often legitimized in the name of supposed capacities, limitations or superiority or inferiority of people7. The degrees to which these vary by region, state or area depend on a host of factors affecting the socioeconomic context.
58. In the North-East, tribal and non-tribal women enjoy a relatively higher position in the society than what their non-tribal counterparts do. Notwithstanding the social and economic changes such as urbanization, globalization and education that have permeated the societies of the region in last three decades, women in the North East are placed relatively better as the society is devoid of evils that are rampant in other parts of the country such as dowry, child marriage and bride burning. They however too are influenced by the dynamic processes of marginalization, land alienation, globalization, urbanization, and other changes in their livelihood pattern. Women are often active agents of such processes.
59. Women in the region and also along the project corridor are largely involved in household work, collection of forest produce, firewood collection, cultivation and other agricultural activities. They use the road for their routine activities and economic activities such as agriculture and marketing etc. However, no household headed by women will be affected due to the project. Hence the positive benefits ensuing from the availability of all weather roads shall be safer connectivity and better transport services. Their mobility will be significantly enhanced both in terms of access to social services, higher levels of schooling and better health facility, etc.
6 The examples of other assets owned by tribal people are- granary (Jam nok); rest house (Bandasal); traditional weapon such as two edged sword (Milam); the musical instruments such as Idiophones, Aero phones, Chordophone and Membranophone; etc. (source: West Garo Hills website, www.westgarohills.nic.in).
7 Modernisation and Changing Women‟s Status and Tribals in the North East: A Comparative Study of Six Tribes by Walter Fernandes and Sanjay Barbora 25
11. Policy Framework 60. In India, compensation for land acquisition (LA) and resettlement assistance for displaced persons is governed by the Land Acquisition Act (1894), which has been amended from time to time. The State Government of Meghalaya does not have any policy on Resettlement and Rehabilitation. 61. Under the Land Acquistion Act of 1894, compensation is paid only to the legal titleholders and does not provide any compensation package to the non title holders like encroachers and squatters etc. However, the National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) has been adopted by the GOI to address development-induced resettlement. The Policy essentially addresses the need to provide succor to the asset less rural poor, support the rehabilitation efforts of the resource poor sections, namely, small and marginal farmers, SCs/ STs and women who have been displaced. 62. The NRRP, as a broad guideline and executive instructions for guidance of all concerned, is applicable to Projects displacing 500 families or more enmasse in plain areas and 250 families enmasse in hilly areas, Desert Development Program (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. It is expected that the appropriate Government and Administrator for R&R shall implement this Policy in letter and spirit in order to ensure that the benefits envisaged under the Policy reach the DPs, especially resource poor sections including SCs/ STs. The main objectives of the Policy are:
. To minimize displacement and to identify non-displacing or least-displacing alternatives;
. To plan the resettlement and rehabilitation of DPs, including special needs of tribals and vulnerable sections;
. To provide better standard of living to DPs; and
. To facilitate harmonious relationship between the Requiring Body and DPs through mutual cooperation.
63. For acquisition of strips of land for railway lines, highways, transmission lines and pipelines, only an ex-gratia payment of Rs 10,000 per family is to be paid under NRRP-2007. This policy does not recognize squatters and encroachers and there is no provision of transitional allowances etc. 64. However, despite these provisions, the policy does not define that the compensation of lost assets must be on the basis of replacement cost. In addition, the policy does not recognize the non-titleholders such as squatters and encroachers for resettlement assistance. 65. The ADB SPS (2009), on the other hand, recognizes and addresses the R&R impacts of all the affected persons irrespective of their titles and required for the preparation of RP in every instance where involuntary resettlement occurs. These ADB policies are the guiding principles to identify impacts and to plan measures to mitigate various losses of the projects. The ADB policy requirements are: . avoid or minimize impacts where possible; . consultation with the affected people in project planning and implementation;
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. payments of compensation for acquired assets at the replacement value; . resettlement assistance to affected persons, including non-titled persons; and . Special attention to vulnerable people/groups. 66. The broad resettlement principle for this project is to comply with national legal frameworks and ADB SPS (2009). This will be the basis for paying "assistance" over and above the compensation payments as required by the 1894 Land Acquisition Act. This policy shall be as under: . The negative impacts on persons affected by the project would be avoided or minimized as much as possible; . Where the negative impacts are unavoidable, the persons affected by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living. . Information related to the preparation and implementation of resettlement plan will be disclosed to all stakeholders and people‟s participation will be ensured in planning and implementation; . Land acquisition for the project would be done as per the Land Acquisition Act, 1894. The Act specifies payment of adequate compensation for the properties to be acquired. Additional support would be extended for meeting the replacement value of the property. The affected persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document. . Selection of alternative alignment with least IR impacts; . Before taking possession of the acquired lands and properties, compensation and R&R assistance will be paid in accordance with the provision described in this document; . An entitlement matrix for different categories of people affected by the project has been prepared. Provisions will be kept in the budget for those who were not present at the time of enumeration. However, people moving in the project area after the cut- off date (the date of notification under LAA-1894 for titleholders and the date of census survey for non-titleholders such as encroachers & squatters) will not be entitled to any assistance. . Appropriate grievance redressal mechanism will be established at the PIU level to ensure speedy resolution of disputes. . All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups, if any. . Consultations with the DPs will continue during the implementation of resettlement and rehabilitation works. 67. In accordance with the R&R measures suggested for the project, all affected households and persons will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights on lost assets and scope of the impacts including socio-economic vulnerability of the affected persons. The 27
affected persons will be entitled to the following five types of compensation and assistance packages: I. Compensation for the loss of land, crops/ trees at their replacement value; II. Compensation for structures (residential/ commercial) and other immovable assets at their replacement value; III. Assistance in lieu of the loss of business/ wage income; IV. Assistance for shifting and provision for the relocation site, and V. Rebuilding and/ or restoration of community resources/facilities.
I. Valuation of Affected Assets 68. The valuation of affected land and structures will be governed by the following process: 69. Land surveys for determining the payment of compensation would be conducted on the basis of updated official records and ground facts. The land records containing information like legal title, and classification of land will be updated expeditiously for ensuring adequate cost compensation to the entitled displaced persons. In case of areas under the village councils / panchayat in tribal areas, where official land records don‟t exist, formal land / property boundaries of private property owned by the tribal households can be determined through the process of community consultation and discussion with village elders and village council / panchayat members. Based on such information, land can be classified and land record can be updated and compensation assessment can be made. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of Land Acquisition Act. The owner of such land / property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the district. 70. For land acquisition the District Collector (DC) will decide the compensation for acquired land as per the legal provisions. If the compensation amount is less than the market / replacement value of the land, the competent authority will award the compensation and the difference between the award rate and market / replacement rate will be paid by the EA as „grant‟. The project authority will determine the possible replacement cost of land and assets to be acquired on the market rate through an independent valuer preferably hired from land and revenue department. This difference between the award money and the market/ replacement rate will be determined by an independent Land Valuation Committee before RP implementation i.e. during verification and updation of database. 71. The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (BSR) as on date without depreciation. While considering the BSR rate, project implementing agency will ensure that it uses the latest BSR for the residential and commercial structures in the urban and rural areas of the region. Compensation for properties belonging to the community or common places of worship, will be provided to enable construction of the same at new places through the local self- governing bodies in accordance with the modalities determined by such bodies to ensure correct use of the amount of compensation.
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72. Compensation for trees will be based on their market value. Loss of timber bearing trees will be compensated at their replacement cost and compensation for the loss of crops, fruit bearing trees will be decided by the EA in consultation with the Departments of Forest, Agriculture and Horticulture. The Compensation will be paid before taking possession of the land/ properties. 73. The independent valuer will assess the compensation rates for various types of losses whenever any updation in resettlement plan is required during the preparation of detailed designs and implementation of RP. Also, to ensure that the rates reflect current replacement costs, the Land Valuation Committee will verify and approve the estimates wherever felt necessary. The methodology for verifying the replacement cost for each type of loss will include, but not be limited to, the following: 1. For land . Appraisal of recent sales and transfer of title deeds, informal sale and purchase of land among people in the project area, registration certificates for land in urban and rural areas of the district and consultation with local panchayats and DPs; . Determination of whether the rates established for the project are sufficient or not to purchase the same quality and quantity of land based on compilation of appraised rates; 2. For crops and trees . Survey of market prices in the district and adjacent districts for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price; . All compensation should be equivalent or higher than the prevalent market prices and . The income loss will be calculated as annual produce value for one season to 3 seasons depending on the nature of crops/trees.
3. For structures To evaluate the compensation for structures to find out whether the amount will be sufficient enough to enable DPs to rebuild or replace their affected structures. This is to be done by consulting land owners on the following: . From where they use to buy materials . Type of shops (private or state-owned) . Distance to be traveled . Sources (local or foreign) and the cost of various materials . Who will build the structures (owner or contractor) and whether they will use the hired labor or their own labor; . Obtaining cost estimates by meeting at least three contractors/suppliers in order to identify cost of materials and labor 29
. Identifying the cost of different types of houses of different categories and compare the same with district level prices.
74. Even after payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to the effect will be issued intimating that DPs can take away the materials so salvaged within 48 hours of their demolition; otherwise, the same will be disposed by the project authority without giving any further notice. 75. DPs receiving compensation for trees will be allowed to take away timber of their acquired trees for their domestic use. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department. DPs will be provided with an advance notice of three months prior to relocation. Further, all compensation and assistance will be paid to DPs at least 3 months prior to displacement or dispossession of assets.
Entitlement Matrix 76. The ADB SPS, 2009 specifies that compensation should be paid for the lost assets on the basis of current replacement cost and resettlement assistance for lost income and livelihoods should be provided to both titleholders and non-title holders. 77. In this project compensation for both land and non-land assets will be provided to all titleholder families being affected. Compensation for non-land assets/structures will be paid to all squatters and only encroachers who belong to „vulnerable group‟ and any „special claimant‟ category. The “Vulnerable Group” comprises of 1) DPs below poverty line (BPL); 2) DPs belong to SC and ST category; 3) women headed households (WHH); 4) elderly distressed persons; and 5) disabled persons. “Special Claimants” refers to people with traditional or customary land rights, roadside residences/ SBE owners with permits from local authority/government body to which they are paying annual tax for the same. As long- term settlers and in contrast to roadside squatters and informal dwellers they are recognized as equivalent to titleholders. In this sub-project none of the DPs fall in the special claimant category. 78. An Entitlement Matrix8 has been developed, which recognizes and lists various types of losses resulting out of the project and provides the basic tools and guidelines for preparation of compensation and resettlement packages. 79. The entitlement matrix (refer Table 21) has been developed in compliance with ADB‟s Safeguard Policy Statement (SPS, 2009).
8 This Entitlement Matrix has been developed on the basis of provisions spelled out in the RF and, accordingly, includes provision of compensation for all probable impacts and measures.
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Table 21 – Entitlement Matrix Type of Unit of Entitlement Entitlement Details Loss
A. LOSS OF LAND & ASSETS
1 Loss of a) Titleholder Compensation a) Land acquisition for the Agricultural b) Sharecroppers at Market/ Project will be as per Land land and c) Special Claimants Replacement Acquisition Act 1894. assets d) DPs with b) If the compensation cost traditional/customar determined by the y rights Competent Authority is less than the “market price / replacement value”, then the difference is to be paid by the EA as assistance. c) DPs will be explained the process and their views will be taken into consideration while determining the market/replacement value. d) If the residual plot(s) is (are) not viable, i.e., less than average land holding of the district, there are three options to be given to the AP: The AP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired. Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the project authority provided residual land is quantified less than average land holding of the districts. The project authority will acquire the residual plot and pay the compensation for it also. If AP is from vulnerable group, compensation for 31
Type of Unit of Entitlement Entitlement Details Loss
the entire land for land will be provided for acquired land, if AP wishes so, provided that the land of equal or more productive value is available. e) Transitional allowance of Rs. 2000 per month for 9 months if the residual land is not viable or for 3 months when the residual land is viable f) In case of severance due to the acquisition of agricultural land, an additional grant of 10% of the amount will be paid for land acquisition. g) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the project authority. 2 Loss of a) Titleholder/ Owner Compensation a) Compensation for the loss non- (Residential) at Market/ of residential land will be agricultural b) Special Claimants paid at c) DPs with market/replacement value. land (i.e.- Replacement traditional/customar cost b) If replacement cost is homestead y rights more than the and compensation determined residential by the Competent structures) Authority, then difference is to be paid by the project authority in the form of „‟assistance‟‟. c) AP will be provided replacement cost of the residential structure (part or full), which will be calculated as per the prevailing basic schedule of rates (BSR) without depreciation, subject to relevant „‟quality standards‟‟ of BSR as maintained by Govt/Local Bodies .
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Type of Unit of Entitlement Entitlement Details Loss
d) Transitional assistance of Rs. 2000 per month in the form of grant to cover a maximum nine months rental accommodation. e) A lump sum shifting allowance of Rs. 2,500 to the affected households. f) Right to salvage material from demolished structure and frontage etc. g) Project assisted relocation option will be provided to those whose residential structures becomes non- livable as a result of project impacts and a relocation site will be developed in consultation with these affected households. 3 Loss of a) Titleholder/ Owner Compensation a) Compensation for the loss non- (Commercial) at Market/ of land will be paid at the agricultural b) Special Claimants Replacement market/replacement value. c) DPs with b) If replacement cost is land (i.e.- cost traditional/customary more than the loss of rights compensation determined Commerci by the Competent al land and Authority, then difference structures) is to be paid by the project authority in the form of „‟assistance‟‟. c) AP will be provided replacement cost of the commercial structure (part or full), which will be calculated as per the prevailing basic schedule of rates (BSR) without depreciation, subject to relevant „quality standards‟ of BSR as maintained by Govt. /Local Bodies. d) Transitional assistance of Rs. 2000 per month in the form of grant for a period of 6 months depending on the extent of impact. e) A lump sum shifting allowance of Rs. 2,500 to the affected households. 33
Type of Unit of Entitlement Entitlement Details Loss
f) Right to salvage material from demolished structure and frontage etc. g) Training would be provided for upgradation of skills @ Rs. 2500 per family. h) Project assisted relocation option/ relocation site will be provided to those whose commercial structure can no longer be used as a commercial enterprise as a result of the Project. 4 Loss of a) Sharecroppers Compensation a) For non-perennial crops, . access to b) DPs with for loss of advance notice to DPs to agricultural traditional/customar perennial and harvest their crops. In y rights case of standing crops, land non perennial c) Leaseholders/ HH cash compensation at with short term and crops and trees current market value of long term and livelihood mature crops for loss of permits/land passes support standing agricultural crops only. Grant equal to market value of crop lost plus cost of replacement of seeds for the next season‟s harvest towards loss of crops before harvest due to forced relocation. b) Compensation for perennial crops and trees calculated as annual produce value for one season times 1 to 3, depending on the nature of crops/trees. c) Training will be provided to all those losing primary source of income. The training will cover both vocational as well as micro enterprise development aspects. The duration of training will be 10 days spread over a month. The cost of training will include transport as well as course material. The training will be
34
Type of Unit of Entitlement Entitlement Details Loss
organized in the local Panchayat headquarter / village council to minimize cost on travel. d) Additionally, seed capital of Rs 5000/- will also be made available to these households linked to productive assets.
5 Loss of Residential tenants Assistance a) The amount of deposit or Residential advance payment paid by Tenancy the tenant to the landlord or the remaining amount at the time of expropriation. (This will be deducted from the payment to the landlord). b) A sum equal to 3 months rental in consideration of the disruption caused. c) Compensation for any structure that tenant has erected on the property. (This will be deducted from the payment to the landlord). d) Shifting allowance of Rs.2500 lump sum for shifting. 6 Loss of Commercial Tenants Assistance a) The amount of deposit or Commerci advance payment paid by al Tenancy the tenant to the landlord or the remaining amount at the time of expropriation. (This will be deducted from the payment to the landlord). b) A sum equal to 3 months rental in consideration of the disruption caused. c) Compensation for any structure the tenant has erected on the property. (This will be deducted from the payment to the landlord). d) Shifting allowance of Rs.2500 lump sum for shifting. 35
Type of Unit of Entitlement Entitlement Details Loss
e) Transitional assistance of Rs 2000/- per month for 3 months will be paid to all commercial tenants. B. LOSS OF LIVELIHOOD
7 Loss of Individual Assistance a) This is valid for persons wage indirectly affected due to earnings their employer being displaced. Assistance is to (agriculture be paid on a case by case and other basis, as per the employees prevailing local wage rates of for three months. commercial b) Alternative Economic units) Rehabilitation support and training for up-gradation of skill. c) Employment opportunity for DPs in the road construction work 8 Non- Household Notice to e) Advance notice to DPs to perennial harvest standing harvest their crops; crops crops f) In case of standing crops, cash compensation at current market value of mature crops for loss of standing agricultural crops only. g) Grant equal to market value of crop lost plus cost of replacement of seeds for the next season‟s harvest towards loss of crops before harvest due to forced relocation. 9 Perennial Household Compensation Compensation for perennial crops such at “market crops and trees calculated as as fruit value” annual produce value for one trees season times 1 to 3, depending on the nature of crops/trees.
10 Livelihood Titleholders, Tenants & Training a) Training will be provided to losses for Special Claimants Assistance & all those losing primary agriculture Seed Capital for source of income. The and setting up Micro training will cover both commercial Enterprise vocational as well as title micro enterprise holders, development aspects. The
36
Type of Unit of Entitlement Entitlement Details Loss
SBEs, duration of training will be tenants 10 days spread over a month. The cost of training will include transport as well as course material. The training will be organized in the local Panchayat headquarter to minimize cost on travel.
b) Additionally, seed capital of Rs 5000/- will also be made available to these households linked to productive assets.
C. LOSSES of NON-TITLEHOLDERS
11 Loss of Household Will receive no a) Encroachers will be land and compensation notified and given a time structures for land but in which they will be required to remove their by compensation assets and harvest their encroacher for structures to crops. s the vulnerable b) To be assisted on case to group case basis by considering relevant facts on family income and existing assets only in the case of persons being members of the vulnerable group. c) Compensation for structures at replacement cost to the vulnerable person. d) Training would be provided for up-gradation of skills @ Rs. 2500/ - per family to the DPs belonging to vulnerable groups and losing their commercial activities. e) Right to salvage materials from the demolished structure. 12 Loss of Household Will receive no a) Compensation for the loss structures compensation of structure at to for land but replacement cost. b) A lump sum shifting assistance for allowance of Rs. 2,500 to 37
Type of Unit of Entitlement Entitlement Details Loss
Squatters/ lost non-land the affected households. assets c) Transitional allowance of Informal Rs. 2000 for a period of 3 settlers to a maximum of 9 months depending on the extent of impact d) Training would be provided for up gradation of skills @ Rs. 2500/ - per family to the DPs belonging to vulnerable groups and loosing their commercial activities. e) Additionally, seed capital of Rs 5000/- will also be made available to only vulnerable squatter households linked to productive assets. f) Right to salvage materials from the demolished structure.
13 Loss Household Not eligible for Only ambulatory vendors that suffered by compensation have been granted license for shifting or “assistance” operating from fixed locations Business – will be considered as kiosks. Mobile Vendors
14 Kiosks Household “Assistance” for The Assistance will be paid as business a flat sum of Rs.3000 disruption
D. ADDITIONAL SUPPORT TO VULNERABLE GROUP
15 Loss of Vulnerable household Additional a) A special one-time Primary category (BPL, WHH, assistance for assistance to vulnerable source of SC, ST, Physically training or households @Rs.2000. b) As an alternative to income by Handicapped) equivalent economic rehabilitation vulnerable support, the equivalent titleholders amount may be paid in and cash. squatters household s
38
Type of Unit of Entitlement Entitlement Details Loss
E. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES
16 Common Community Compensatory Cash compensation or Property replacement reconstruction of the Resources community structure in consultation with the community.
F. ANY OTHER IMPACT
17 Temporary Community / Individual Compensation a) The contractor shall bear impact the cost of any impact on during structure or land due to movement of machinery constructio during construction n include b) All temporary use of lands disruption outside proposed RoW to of normal be through written traffic, approval of the landowner increased and contractor. noise c) Location of Construction camps by contractors in levels, and consultation with PWD. damage to adjacent parcel of land / assets due to movement of heavy machinery
18 Any other Individual Compensation/ Unforeseen impacts will be impact not Household/Community Assistance documented and mitigated yet based on the principles identified, agreed upon in this policy whether framework. loss of asset or livelihood
12. Institutional Arrangements
80. For resettlement planning and successful implementation of RP there will be a set of institutions involved at various levels and stages of the Project as listed below. 39
Ministry of Development of North Eastern Region (MDONER) State Public Works Departments (PWD) Nongovernment Organization (NGO)/ field staff deputed from PWD Grievance Redressal Committee (GRC) Land Valuation Committee (LVC) only if during detailed design land acquisition needs are identified. 81. For resettlement activities, the EA i.e. MDONER will do the overall coordination, planning, implementation, and financing. The MDONER will create a Resettlement Cell by hiring a consultant or appointing a resettlement specialist and required support staff for the duration of the Project to ensure timely and effective implementation of RPs. The MDONER will coordinate with State PWDs/PIUs for project level RP related activities.
82. The institutional framework and the roles and responsibilities of various institutions to be involved in the R&R activities of the Project and implementation of RP are described below.
Project Implementation Unit (PIU) 83. Project Implementation Units (PIUs) will be established at state level headed by a Project Director (PD). The PD will be responsible for overall implementation of R&R activities according to the Plan including responsible for land acquisition and R&R activities in the field; ensure availability of budget for R&R activities; liaison with district administration for support for land acquisition and implementation of R&R; and selection and appointment of the NGOs/field staff.
84. The PIU will have a Resettlement Unit (RU) with at least one full-time Resettlement Officer (RO) for the duration of resettlement activities, with an academic background in social sciences, and relevant skills and experience in resettlement issues. The PIU will maintain all databases and work closely with DPs and other stakeholders. Based on regularly updated data, a central database will also be maintained by RU.
85. The RO will undergo and orientation and training in resettlement management at the beginning of the Project. A two days training and orientation workshop will be conducted during the initial stages of RP implementation. The participants will include the RO, the concerned engineers including the field level JEs, village revenue officer and representatives from local NGOs. The training activities will focus on issues concerning - (i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation disbursement mechanisms; (iv) Grievance redressal and (v) Monitoring of resettlement operation. The RO will work closely with the District Collector to expedite the payments of compensation for land acquisition, if required, and assistance to DPs.
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Nongovernment Organization (NGO)/ field staff 86. Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R&R of the DPs. To overcome this deficiency, experienced and well-qualified NGO/trained field staff from PWD in this field will be engaged to assist the PIU in the implementation of the RP.
87. The NGO/field staff would play the role of a facilitator and will work as a link between the PIU and the affected community. Further they will educate the DPs on the need to implement the Project, on aspects relating to LA and R&R measures and ensure proper utilization of various compensations extended to the DPs under the R&R entitlement package.
Land Valuation Committee 88. A Land Valuation Committee (LVC) will be established, if required. This will be headed by a senior officer from the land revenue department at state/ district level and include representatives from department of agriculture, forest, horticulture, representatives from district councils, village councils, affected persons, independent valuer engaged by EA, group, NGO representatives and RO/representative from the PIU. This committee will not operate for full time and will be functional during land acquisition, if required.
89. The LVC will be responsible for finalizing the values of the affected assets taking into account the prevalent replacement value on the basis of land market survey, undertaken by the independent valuer appointed by the EA. The prices for land and other assets established and approved by the LVC will be used for payment of final compensations. These rates will be reviewed and updated on an annual basis during the course of project implementation.
Grievance Redressal Committee (GRC) 90. There is need for an efficient grievance redressal mechanism that will assist the DPs in resolving queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The GRCs are expected to resolve the grievances of the eligible persons within a stipulated time. The decision of the GRCs is binding, unless vacated by court of law.
91. The GRC will be constituted at PIU level comprising of Project Director, Resettlement Officer, representative from local NGOs, elected representative from zila parisad, representatives of affected persons including vulnerable groups and women in the committee. The GRC will be a voluntary body and will continue to function, for the benefit of the DPs, during the entire life of the Project including the defects liability periods.
92. The response time prescribed for the GRCs is three weeks. Since the entire resettlement component of the Project has to be completed before the construction starts for 41
the whole Project, the GRC will meet at least once in three weeks to resolve the pending grievances. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, and other assistance. The list of agencies that are responsible for resettlement planning and implementation is presented in Table 22.
Table 22 – Agencies Responsible for Resettlement Implementation
Activity Agency Responsible Establishment of Resettlement Units in PIU and PIU appointment of Resettlement officer (RO) Organizing resettlement training workshop PIU Social Assessment and Preparation of land acquisition PIU through (Design and project plan, Resettlement Plan (RP) and Indigenous People management Consultant) DPMC development Plan (IPDP) as required Public consultation and disclosure of RP PIU/DPMC Co-ordination with district administration for land PIU acquisition Hiring of (Non Government Organization) NGOs /field PIU staff Constitution of land valuation committee and PIU grievance redress committee Review and obtaining of approval of resettlement and PIU land acquisition plans Submission of land acquisition proposals to District PIU Commissioner Compensation award and payment of compensation District Commissioner Payment of grants PIU Taking possession of acquired land and structures PIU Handing over the acquired land to contractors for PIU construction Notify the date of commencement of construction to PIU DPs Assistance in relocation, particularly for vulnerable PIU/Implementing NGO groups Internal monitoring of overall RP Implementation PIU/NGO External Monitoring and Evaluation (M&E) MDONER
13. Monitoring and Evaluation
93. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continue as originally planned. It is essential to devise a system that helps to identify problems in a timely manner
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and enables resolution of these problems. Internal monitoring and external monitoring are two such mechanisms that are essential and need to be carried out in parallel during project implementation and at different stages respectively. Monitoring – internal and external particularly assumes significance when linear project such as proposed widening cross administrative jurisdictions and thereby involve different stakeholders with varied capacities. Internal monitoring focuses on the quantitative issue such as quantum of land acquisition, payment of compensation, delivery of applicable of R&R entitlements. External monitoring focuses on the qualitative aspects that include outcomes and outputs.
94. Under this project, internal monitoring will be the responsibility of the PIUs/RU and NGO/ field staff. The internal monitoring PIU will include:
(i) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual PAP database maintenance, and progress reports;
(ii) socioeconomic monitoring: case studies, using baseline information for comparing PAP socioeconomic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and
(iii) impact evaluation monitoring: Income standards restored/improved, and socioeconomic conditions of the affected persons. Monitoring and evaluation reports documenting progress on resettlement implementation and RP completion reports will be provided by the PIU to MDONER for review and approval from ADB. 95. An indicative set of monitoring indicators that shall help to track progress is given in Table 23 below:
Table 23 – Monitoring Indicators (Internal) Parameters Indicators Physical Extent of land acquired vs. required Number of structures acquired Number of agriculture and commercial land owners and structure owners who have been paid compensation Number of families affected Number of eligible persons allotted land vs. total affected persons Number of residential and non-residential plots of land allotted Number of pattas issued Number of families provided with shifting allowance, training, rehabilitation allowance for construction of residence, work sheds, etc. Financial Amount of compensation paid for structure, land, plantation and crops Establishment cost for R&R cell Staff salaries Amount paid to the contracted Monitoring agency Social Area and type of house and resettlement en-bloc as stipulated in the policy Number of times the grievances and district level committees Number of appeals placed before grievance redressal cell Number of appeal referred Number of meetings held with the affected villages Number of visits by affected persons for redressal of grievances 43
Number of cases that have been referred to courts
96. An independent Expert/NGO will be engaged by MDONER at the EA level for verification of the monitoring information collected by the PIU. The expert/NGO will monitor and verify RP implementation to determine whether resettlement goals have been achieved, livelihood and living standards have been restored, and provide recommendations for improvement. The external monitoring will undertake monthly monitoring and impact evaluation on a sample basis during mid-term and Project completion. Monitoring will also ensure recording of DP‟s views on resettlement issues such as; DP‟s understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redressal procedures; and staff competency. The Expert / NGO will report its findings simultaneously to the EA and to ADB on a quarterly basis. The ToR for Expert/NGO is included in Annexure 8. 97. Table 24 below provides an indicative set of monitoring indicators that shall help to evaluate effectiveness of implementation.
Table 24 – Indicators for Outcomes and Impacts
Satisfaction of land owners with the compensation and assistance paid Type of use of compensation and assistance by land owners Satisfaction of structure owner with compensation and assistance Type of use of compensation and assistance by structure owner % of DPs imparted education and provided project employment or otherwise % of DPs with better income than before % of DPs provided with alternatives lands for sites Types of grievances received No. of grievances forwarded to GRC and time taken to solve the grievances % of DPs aware about the GRC mechanism DPs opinion about NGO approach and accessibility Household income of vulnerable group % of Affected Persons satisfied with resettlement site facilities.
14. Cost Estimate
98. The R&R cost estimate for this Project road includes compensation for lost assets and resettlement assistance etc as per applicability of the policy. It also includes the contingency charges and the cost of hiring NGO and M&E consultants. The total estimated R&R cost of the Project is Rs. 11,900,000 (One Crore Nineteen Lakh only) preliminary R&R Budget estimated for the Project is presented in the Table 25.
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Table 25 – R&R Budget S. Item Unit Rate Quantity Cost No. (in INR) (in INR) A Land Acquisition 1 Circle Rate(i) 59.8 per sq m 972.95 58182 2 Solatium (30%) 17455 3 Additional (12%) 6982 4 Interest (9%) 7436 5 Contingency (5%) 2909 Total Land Acquisition 92963 B Transfer of Community Land(ii) 1 Community land for Bridge 52.325 32000 1674400 Approaches Total Community Land 1674400 C Compensation for Structures / assets at replacement cost(iii) 1 Compensation for Permanent 4000 /m2 19 m2 76000 Structures 2 Compensation for Semi- 2500 /m2 1474 m2 3685000 Permanent Structure 3 Compensation for Temporary 1200 /m2 1613 m2 1935600 Structure Total Structures 5696600 (iv) D Loss of Trees a Tree Cost 1200 274 328800 b Annual Produce from fruit trees for 3 seasons
1 Betel nut 1000 229 229000 2 Jackfruit 2500 10 25000 3 Mango 2000 16 32000 4 Citrus 700 2 1400 5 Litchi 1000 2 2000 6 Pear 600 1 600 7 Agor 1000 1 1000 Total Trees 619800 E Assistance 1 Transitional Allowance to Non- 2000 for 9 4 72000 Viable Residual Land (vii) months 2 Transitional Allowance to HH 2000 for 9 14 252000 losing Residential and Resi-cum- Months commercial Structure 45
S. Item Unit Rate Quantity Cost No. (in INR) (in INR) 3 Transitional Allowance to HH 2000 for 6 81 972000 losing Commercial Structure Months 4 Shifting Assistance (residential / 2500 95 237500 commercial- owners /tenants) 5 Training for Skill Upgrade for loss 2500 85 212500 of Commercial Structures & residential cum commercial
6 Rental assistance to Commercial 5000 for 3 7 105000 Tenants months 7 Indirectly affected- Employee of Minimum 19 171000 affected person Wage Rate Rs 100 for 3 Months(vi) 8 Training for Commercial 2500 85 212500 Titleholders / Non titleholders losing livelihood (Commercial and Commercial cum residential structures) 9 Economic Rehabilitation Grant 2500 55 137500 (commercial and vulnerable) 10 Special one-time assistance to 2000 68 136000 vulnerable affected households Total Assistance 2508000 F Restoration of CPR(v) 1 Monument Gates 100000 2 200000 2 Relocation of Statue and 75000 1 75000 Platform Total CPR 275000 G Implementation Arrangements 1 NGO for implementation of RP Lumpsum - 400000 2 External monitoring Expert / NGO Lumpsum - 200000 3 Training Workshop for Lumpsum - 100000 Implementing Officers (1 no.) Total Implementation 700000 Arrangements Sub Total 11566763 H Contingency (3%) of sub total 347003 Grand Total 11913766 Rounded to 11900000 (Rupees One Crore Nineteen Lakh Only) Notes: i. Rs 80000 per Bigha or Rs 59.8 per Sq. M. for First Class Homestead Land for rural areas as per the re-assessment of land revenue, Garo Hills Autonomous District Council, Tura, 2006.
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ii. Transfer of community land will cost Rs 70,000 per Bigha or Rs 52.325 / sq m. iii. The cost of Structures based on Schedule of Rates, PWD, Government of Meghalaya. iv. Tree cost based on Garo Hill Autonomous District Council, Re-Assessment of Land Revenue, 1996. v. The cost of restoration of CPRs determined after discussions with the community. vi. Minimum Daily Wage Rate for Meghalaya, Rs 100 as per Ministry of Labour, Government of Meghalaya. vii. Average Land Holding Size for Meghalaya is 1.30 Ha as per Department of Agriculture, Government of Meghalaya.
15. Implementation Schedule
99. The period for implementation of RP has been taken from first quarter of 2010 to first quarter of 2011. Typical RP related activities that require to be performed shall include: planning, surveying, assessing, policy development, institution identification, DPs participation, income restoration and implementation besides monitoring that shall be carried concurrently and will continue beyond the period of RP implementation and culminate with a post-implementation evaluation. However, the sequence may change or delays may occur due to circumstances beyond the control of the Project. Therefore, the Implementation Schedule provided in Table 26 can be adjusted accordingly. Table 26: Implementation Schedule Year / Month Project 2010 2011 Activities / Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Establishment of PIU and GRC Appointment of NGOs Verification of DPs list by NGO Review and approval of RP Information Campaign & community Consultation Payment of compensation to DPs Payment of eligible assistance and to DPs and income restoration 47
Year / Month Project 2010 2011 Activities / Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Handover of site and commencement of civil works Appointment of M&E consultant Monitoring by PIU and verification by Expert / NGO
Annexure 1:
Proposed Typical Cross Section of Road
Annexure 2:
Attendance Sheet Community Consultations
Annexure 3:
Socioeconomic Survey Questionnaire Serial No: Annexure 3: Census/Socio Economic Survey Questionnaire
Date Identification Number 2 0 0 8 / /
Road No Side Number Investigator Name Supervisor Name Respondent Name AC/BC
Type of the Use Residential 1 Commercial 2 Residential cum Commercial 3 No of Open Land/Plot 4 Plantation/ Orchard 5 Graveyard 6 Storeys School 7 Hospital 8 Industrial 9 G 1 Mazar 10 Temple 11 Masjid 12 G+1 2 Chruch 13 Shrine 14 Vill Con/ Panchyat/Govt. Land 15 Agriculture 16 Waste/ Grazing/ Barren 17 Others (specify) 99 G+2 3
(Note: Provide a sketch of the property on Page 4 of this questionnaire.) A. IDENTIFICATIONS A.1 General Identification. State District Block Town//Village
A.2 Type of Property Private Government Trust Community Others 1 2 3 4 5
A.3 Ownership A.3.1 Do you own the structure/ plot/ agriculture land? Owner 1. Tenant 2. Non Title Holder 3. Share Cropper 4. Jhum Land 5.
A.3.2 Occupiers Name ______S/o______
A.3.3 Name, Address, Phone Number and LANDMARK ______
______
A.3.4 If Tenant, Name and Address and Contact Number of the Owner ______
______
A.3.5 Please provide with an ID Proof (Ration card, Voter Id, PAN Card, Driving Licence, any ONE) Record the details. ______
A.4 Utilities in the Property Sl.No Utilities Unit owned Sl.No Live Stock Assert Numbers 1. Trees 1. Cows 2. Dug wells 2. Buffalo 3. Tube wells 3. Sheep 4. Lift Irrigation Points 4. Goat 5. Water Tap 5. Pig 6. Water Tank 6. Poultry 7. Hand Pump 7. Pond 8. Cattle Shed 9. Others (Mention) 9. Others (SP)
A.5 Typology of the Main Structure Roof Wall Floor Boundary No of Rooms RCC/RBC 1 Brick 1 Concrete 1 Brick 1 Thatched Wood Mud Barbed 2 2 2 2 Plastic Wire Mud 3 Mud 3 Stone 3 Wood 3 GI / Asbestos Others Others 4 4 9 9 Asbestos Bamboo 5 Others 9 Others 9 Census/ Socio-economic Survey North East State Road Investment Program
B. Structural Details
B.1.1 How old is the structure? (Mention the Year since you are operating from this structure)
B.1.2. How long are you residing or operating from the structure?
B.1.3 What type of business are you doing, in case of commercial use? 1. Tea Stall 8. Kabri Shop 15. Motel 2. Grocery/ General Store 9. Educational institution 16. Butcher 3. Vegetables/ Fruits 10. Hotel/ Restaurant 17. Barber Shop 4. Cloth/Garments 11. Electrical 18. Medicine Shop 5. Tailoring 12 Furniture 19 Wine Shop 6. Pan/ Cigarette Shop 13 Petrol Pump 99. Any other, please specify 7. Garage/ Mechanic Shop 14. Lubricant Shop
B.1.4 Is your business self owned? 1 -Yes / 2 - No
B.1.5 If No, how many partners? (number)
B.1.6 How many people have you employed? (number)
B.1.7 Where would you prefer to move from here ? (Residential and Commercial Both ) S No Place Where (specify) Distance in Kms from existing 1 Within the Village/ Towm 2 Outside the Village / Town
B.1.8 Do you have any alternative land /structure? 1 - Yes / 2 - No B.1.9 If Yes, where? Place (specify) Distance in Kms from existing
B.2. Agricultural Details B.2.1 Type of Land 1. Irrigated 2. Un-irrigated 3. Waste Land 9. Other (Specify)
B.2.2 What Crops you Grow ? 1. Rice 2. Maize 3. Tea 4. Wheat 5. Vegetables 6. Fruits 7. Bamboo 9. Others (Specify)______
B.2.3 For How Many years the Land Being Cultivated by you/ your ancestors ____
C.1. Household Details ST ST (hills) SC MOBC OBC General C.1.1. Caste details (Plain) 1 2 3 4 5 6 Others Specify the Caste Group 9 C.1.2. Type of Family Nuclear Joint Extended Sibling Live in 1 2 3 4 5
C.1.2. No. of Persons in Household. Above 15 yrs Below 15 yrs
Codes for Relationship 1 Head of the House Hold 2 Wife 3 Husband 4 Son 5 Daughter 6 Son-in-law 7 Daughter-in-law 8 Grandfather 9 Grandmother 10 Grandson 11 Grand daughter 12 Grandson-in-law 13 Grand daughter-in-law 14 Brother 15 Sister 16 Brother-in-law 17 Sister-in-law 18 Father 19 Mother 20 Father-in-law 21 Mother-in-law 22 Uncle 23 Aunt 24 Cousin 25 Nephew 26 Niece 27 Any other (specify)
2 Census/Socio-economic Survey North East State Road Investment Program
C.2. Family Profile. (Start from Head of the Household) Member 1 2 3 4 5 6 7 8 9 10 11 12 Number Write down the names of all person who live and eat together in this C.2.1 Name household starting with head exclude persons under the age of 14 years. C.2.2 Codes as given HH Relationship above Is the NAME m ale or female? C.2.3 Sex 1 1 1 1 1 1 1 1 1 1 1 1 Male 2 2 2 2 2 2 2 2 2 2 2 2 Female How old was NAME on the last birthday? C.2.4 Age Record the age on
last birthday 1 1 1 1 1 1 1 1 1 1 1 1 Married 2 2 2 2 2 2 2 2 2 2 2 2 Unmarried C.2.5 Marital 3 3 3 3 3 3 3 3 3 3 3 3 Divorced Status 4 4 4 4 4 4 4 4 4 4 4 4 Separated 5 5 5 5 5 5 5 5 5 5 5 5 Widow/Widower The class till which the person has been educated. 1 1 1 1 1 1 1 1 1 1 1 1 Illiterate 2 2 2 2 2 2 2 2 2 2 2 2 Primary (class 4) C.2.6 Secondary (Class 5 3 3 3 3 3 3 3 3 3 3 3 3 Education - 10) 4 4 4 4 4 4 4 4 4 4 4 4 Higher (graduate) 5 5 5 5 5 5 5 5 5 5 5 5 Technical 6 6 6 6 6 6 6 6 6 6 6 6 Vocational 1 1 1 1 1 1 1 1 1 1 1 1 Handicap by birth Handicap due to C.2.7 2 2 2 2 2 2 2 2 2 2 2 2 other reasons Health Any other chronic 3 3 3 3 3 3 3 3 3 3 3 3 health problems
D.1. Employment Status of the Family Members D.1 Is the NAME working? Employment 1 1 1 1 1 1 1 1 1 1 1 1 Yes Status 2 2 2 2 2 2 2 2 2 2 2 2 No This may have The occupational activity at the place of job? multiple entries 1 1 1 1 1 1 1 1 1 1 1 1 Agriculture 2 2 2 2 2 2 2 2 2 2 2 2 Agri Labour D.2 3 3 3 3 3 3 3 3 3 3 3 3 Non Agri Labour Occupation 4 4 4 4 4 4 4 4 4 4 4 4 Business/Trade 5 5 5 5 5 5 5 5 5 5 5 5 Govt. Service 6 6 6 6 6 6 6 6 6 6 6 6 Private Service 7 7 7 7 7 7 7 7 7 7 7 7 Maid Servant 9 9 9 9 9 9 9 9 9 9 9 9 Others To be filled for What was the main reason for the NAME not working? persons who are not working. 1 1 1 1 1 1 1 1 1 1 1 1 No work available D.3 Non- 2 2 2 2 2 2 2 2 2 2 2 2 Seasonal inactivity Working Household family 3 3 3 3 3 3 3 3 3 3 3 3 Status duties 4 4 4 4 4 4 4 4 4 4 4 4 Old/young 5 5 5 5 5 5 5 5 5 5 5 5 Handicapped 6 6 6 6 6 6 6 6 6 6 6 6 Student 9 9 9 9 9 9 9 9 9 9 9 9 Others How much does the NAME earn in a month? 1 1 1 1 1 1 1 1 1 1 1 1 Less than Rs.2000 D.4 Income 2 2 2 2 2 2 2 2 2 2 2 2 Rs.2000 - 3000 3 3 3 3 3 3 3 3 3 3 3 3 Rs. 3000 - 4000 4 4 4 4 4 4 4 4 4 4 4 4 Above Rs 4000 What is the skill possessed by the person? D.5 Skills This may have
Multiple answers
3 Census/Socio-economic Survey North East State Road Investment Program
D.6 Have you availed of benefit under any Govt. Scheme ? 1. Yes 2. No Yes Purpose Amount Availed Training 1. JRY/ IJRY 2. DWACRA 3. IPDP 4. PMRY 5. NREGP 6. Others (Specify)
D.7 Measurement of the Structure / Land (in mts) Length: Breadth: Area: Distance from Centre Line: Start Chainage End Chainage
Assessment of the Supervisor (a brief note if required):
D.8 Provide a hand sketch drawing indicating the dimensions of the property (structure/land) in this blank place below along with Landmark:
4 Census/Socio-economic Survey North East State Road Investment Program
Annexure 4:
List of Affected Properties
Annexure 5: List of Displaced Persons Name of the Road: MLN01 - GAROBADHA TO DALU - Household Details of the DP's Identification Employment Occupa Non Number BLOCK NAME RELATIONSHIP SEX AGE MARITAL Education Health status tion WORKINIG INCOME SKILLS MLN01/R/001AB SELSELLA PRADIP SHAW HH 1 37 1 3 1 4 4 SELSELLA GIRZA DEVI 19 2 58 5 1 2 3 SELSELLA GITA DEVI 17 2 40 5 3 2 3 SELSELLA SHAKALDEV SHAW 14 1 34 1 3 2 1 SELSELLA LUCKY DEVI 6 2 27 1 3 2 3 SELSELLA DEVANTI SHAW 2 1 32 1 3 2 3 SELSELLA PREMCHAND SHAW 14 1 22 2 3 2 1 SELSELLA PURNIMA SHAW 15 2 19 2 3 2 3 MLN01/R/002AB SELSELLA DIPAK VARMAN HH 1 40 1 4 1 4 3 SELSELLA JANKI VERMAN 2 2 25 1 3 2 3 MLN01/R/003AB SELSELLA HARI PRASAD SHAW HH 1 45 1 1 1 4 1 SELSELLA MALA DEVI 2 2 38 1 1 2 3 SELSELLA JITEN PRASAD 4 1 18 2 3 1 2 1 SELSELLA MANOJ SHAW 4 1 17 2 3 1 7 1 SELSELLA SAKUNTALA DEVI 5 2 16 2 3 2 3 MLN01/R/002 SELSELLA PARBATI DEBI HH 2 44 5 1 1 4 1 SELSELLA LOKHI SAHA 4 1 20 2 2 2 1 MLN01/R/003 SELSELLA AMAL SANGMA HH 1 59 1 3 1 5 4 SELSELLA SUJATA SANGMA 2 2 45 1 3 2 3 WEAVING SELSELLA ANUPAMA 5 2 17 2 3 2 6 MLN01/R/007 BETASING BOCHAN PAUL HH 1 21 2 3 1 4 2 BETASING KARUNA PAUL 19 2 55 5 1 2 3 BETASING BISHU PAUL 14 1 25 2 3 1 4 2 BETASING PANKAJ PAUL 14 1 19 2 3 1 4 2 CYCLE MECHANICS MLN01/R/008 BETASING BOCHAN PAUL HH 1 21 2 3 1 4 2 BETASING KARUNA PAUL 19 2 55 5 1 2 3 BETASING BISHU PAUL 14 1 25 2 3 1 4 2 BETASING PANKAJ PAUL 14 1 19 2 3 1 4 2 CYCLE MECHANICS MLN01/R/069A BETASING SANTI BHUSHAN PAUL HH 1 67 1 3 1 4 4 BETASING SANJALI PAUL 2 2 66 1 1 2 3 BETASING SOLESH PAUL 4 1 41 1 3 1 4 4 BETASING KANCHA ROTON 4 1 22 2 4 2 6 BETASING SUMONTO PAUL 4 1 15 2 3 2 6 MLN01/R/070A BETASING PURIMUL HAJONG HH 1 36 1 1 1 4 3 BETASING SUCHITRA HAJONG 2 2 30 1 1 2 3 MLN01/R/013 PONCHAPARA Locked Structure MLN01/R/014 PONCHAPARA Locked Structure MLN01/R/017 PONCHAPARA RONGJIN SANGMA HH 1 30 2 3 1 4 4 PONCHAPARA CHINGA SANGMA 19 2 62 5 1 2 4 MLN01/R/018 PONCHAPARA SIMBA SANGMA HH 1 30 1 1 1 2 1 PONCHAPARA MEN MARAK 2 2 25 1 1 1 2 1 MLN01/R/020 ZIGZAK JOBASWAR HH 1 59 1 2 1 1,4 4 ZIGZAK JUMELA 2 2 48 1 1 2 3 ZIGZAK JUBURAS 4 1 27 2 4 2 1 ZIGZAK BISUTI 5 2 23 2 4 1 6 4 WEAVING ZIGZAK SURMILA 5 2 21 2 4 1 5 4 WEAVING ZIGZAK DULIYA 4 1 18 2 4 2 6 MLN01/R/001A ZIGZAK MILLON HAJONG HH 1 35 1 2 1 2 2 ZIGZAK OMBIKA HAJONG 2 2 27 1 1 2 3 MLN01/R/002A ZIGZAK MRETUNJOY HAJONG HH 1 45 1 2 1 5 4 ZIGZAK BASANTI HAJONG 2 2 42 1 2 2 3 ZIGZAK SRIDEVI HAJONG 3 2 21 3 2 6 ZIGZAK AMIT KUMAR 4 1 19 3 2 6 MLN01/R/002A.1 ZIGZAK GANTISWARI HAJONG HH 2 79 5 1 3 2 9 4 2 MLN01/R/003A ZIGZAK DINESH HAJONG HH 1 21 2 2 1 2 1 ZIGZAK PELISH HAJONG 14 1 17 2 3 2 6 ZIGZAK SIDAM HAJONG 14 1 15 2 3 2 6 MLN01/R/004A ZIGZAK JOBASOR HAJONG HH 1 60 1 1 1 4 4 ZIGZAK JUMILA HAJONG 2 2 55 1 1 2 3 ZIGZAK JOBURAS HAJONG 4 1 28 2 3 2 6 ZIGZAK SARMILA HAJONG 5 2 26 2 3 2 6 ZIGZAK DULIA HAJONG 4 1 18 2 3 2 6 MLN01/R/005A ZIGZAK PRAN GOPAL SAHA HH 1 65 1 3 1 2 1 ZIGZAK PROWOP SAHA 4 1 38 1 3 1 4 3 ZIGZAK SIPRA SAHA 7 2 32 1 3 2 3 ZIGZAK PROSANTO SAHA 10 1 15 2 3 2 6 MLN01/R/006A ZIGZAK SURESH HAJONG HH 1 60 1 2 1 5 4 ZIGZAK URVASI HAJONG 2 2 55 1 2 2 3 ZIGZAK PORESH HAJONG 4 1 38 1 3 2 2 ZIGZAK RONALI HAJONG 5 2 23 2 3 2 6 ZIGZAK RUPANJOLI HAJONG 5 2 21 2 3 2 6 MLN01/R/021 ZIGZAK RUBALI HAJONG HH 2 56 5 1 1 1,2 1 WEAVING ZIGZAK MONJON HAJONG 4 1 18 2 3 2 6 ZIGZAK MOLOY HAJONG 4 1 15 2 3 2 6 MLN01/R/022 ZIGZAK RUP KUMAR HAJONG HH 1 30 1 1 1 4 3 DRIVING ZIGZAK SANGEETA HAJONG 2 2 18 1 3 2 3 WEAVING MLN01/R/023 ZIGZAK MODHU SUDAN HAJONG HH 1 32 1 3 1 4 2 DRIVING ZIGZAK SUBIA HAJONG 2 2 27 1 3 2 3 WEAVING MLN01/R/024 ZIGZAK PUTUL HAJONG HH 1 23 2 4 1 4 4 ZIGZAK ALOKA HAJONG 19 2 45 5 1 2 3 ZIGZAK MEGANANDA HAJONG 4 1 18 2 4 1 4 4 MLN01/R/025 ZIGZAK PARIMAL HAJONG HH 1 50 1 4 1 5 4 ZIGZAK BASUMATI HAJONG 2 2 46 1 3 1 4,5 1 MLN01/R/027 ZIGZAK PRODIP KOCH HH 1 35 1 2 1 4 1 ZIGZAK GITANJALI KOCH 2 2 34 1 1 2 3 ZIGZAK PINKY KOCH 5 2 16 2 3 2 6 MLN01/R/028 ZIGZAK Locked Structure MLN01/R/029 ZIGZAK SHOKRO KOCH HH 1 45 1 2 1 1,4 1 ZIGZAK GITA KOCH 2 2 30 1 3 2 3 WEAVING MLN01/R/030 ZIGZAK BANO BARMAN HH 1 43 1 1 1 4 2 ZIGZAK RUBILA KOCH 2 2 30 1 1 2 3 WEAVING MLN01/R/032 ZIGZAK KODHIRAM KOCH HH 1 56 1 3 1 5 3 ZIGZAK JOBAPUTI KOCH 2 2 55 1 1 2 3 ZIGZAK PRODIP KOCH 4 1 28 1 3 1 4 1 ZIGZAK GITANJALI KOCH 7 2 24 1 2 2 3 WEAVING ZIGZAK KISSAN KOCH 4 1 24 2 3 1 2 1 ZIGZAK JUDHISTHIR KOCH 4 1 19 2 4 2 6 MLN01/R/034 ZIGZAK Locked Structure MLN01/R/035 ZIGZAK RANJAN KUMAR SAHA HH 1 53 1 3 1 4 2 ZIGZAK DEEPIKA SAHA 2 2 40 1 3 2 3 ZIGZAK RUBHAI SAHA 4 1 16 2 3 2 6 MLN01/R/037 ZIGZAK MAGNAT HAJONG HH 1 25 2 2 1 4 1 ZIGZAK PURBIN BULA HAJONG 19 2 45 5 1 2 3 1 MLN01/R/038 ZIGZAK CHORITRO HAJONG HH 1 65 1 1 1 4 1 ZIGZAK SHONTILA HAJONG 2 2 40 1 1 2 3 ZIGZAK RONODEP HAJONG 4 1 18 2 3 2 5 MLN01/R/039 ZIGZAK INDRA MOHAN HAJONG HH 1 70 1 1 1 2 2 ZIGZAK RANJAI SURI HAJONG 2 2 67 1 1 2, BLIND 2 5 ZIGZAK RAJ KUMAR HAJONG 4 1 19 2 2 1 4 1 ZIGZAK OJULA HAJONG 5 2 25 2 1 2 3 MLN01/R/040 ZIGZAK MONORANJAN HAJONG HH 1 45 1 1 1 1,4 2 ZIGZAK SUSTI DEBIN HAJONG 2 2 35 1 1 2 3 WEAVING MLN01/R/043 DALU Locked Structure MLN01/R/045 DALU KUENSON M MARAK HH 1 36 1 1 1 4 1 DALU MONJE K SANGMA 2 2 22 1 1 2 3 MLN01/R/047 DALU RIMJING M. SANGMA HH 1 40 1 1 1 4 1 DALU SIJEN D. MARAK 2 2 35 1 1 2 3 DALU WILSON D. MARAK 4 1 17 2 3 2 6 MLN01/R/048 DALU Locked Structure MLN01/R/051 DALU Locked Structure MLN01/R/052 DALU Locked Structure MLN01/R/055 DALU NISAN SANGMA HH 1 50 1 1 1 2 1 DALU RAIMUNI MARAK 2 2 45 1 1 1 2 1 DALU PIYUSH MARAK 4 1 26 2 3 1 4 1 MLN01/R/056 DALU POROMI SANGMA HH 2 45 5 1 1 4 1 DALU PINILA SANGMA 5 2 26 5 3 2 1 MLN01/R/057 DALU OTOM MIA HH 1 34 1 1 1 4 1 DALU LITHINA SANGMA 2 2 30 1 3 2 3 MLN01/R/067A DALU MLN01/R/068A DALU JOHENDRO SAGMA HH 1 58 1 3 1 4 3 DALU NELJONI MARAK 2 2 40 1 1 2 3 DALU MOSE MARAK 4 1 26 2 3 2 6 DALU KREBITHA MARAK 5 2 15 2 3 2 6 MLN01/R/059 DALU INI MARAK HH 1 45 1 1 1 4 2 DALU ANNA MARY SANGMA 2 2 40 1 1 1 4 1 DALU SENGME SANGMA 5 2 16 2 3 2 6 MLN01/R/060 DALU PORSEN MARAK HH 1 33 1 4 1 4 4 DALU NANDITA ARENGA 2 2 33 1 4 1 5 4 MLN01/R/061 DALU ANIMESH DARING HH 1 55 1 4 1 4 4 DRIVING DALU BIBHATI K MARAK 2 2 50 1 4 2 3 DALU ABHISHEK K MARAK 4 1 27 1 4 1 4 4 DRIVING DALU SILCHIRA CH. SANGMA 7 2 25 1 4 2 3 MLN01/R/062A BARENGAPARA KAILASH TELI HH 1 59 1 1 1 4 4 BARENGAPARA SANTI TELI 2 2 52 1 1 2 3 BARENGAPARA NARESH TELI 4 1 23 2 4 2 6 BARENGAPARA UMET TELI 4 1 19 2 4 2 6 BARENGAPARA VINOD TELI 4 1 18 2 1 2 2 BARENGAPARA PUSHPA TELI 5 2 15 2 3 2 6 MLN01/R/063A BARENGAPARA SOMJIT SAHA HH 1 28 2 3 1 4 2 MLN01/R/064A BARENGAPARA NANTU BERMAN HH 1 23 2 4 1 4 1 BARENGAPARA ONANTO BERMAN 18 1 65 1 1 2 4 BARENGAPARA BHUMITRA BERMAN 19 2 60 1 1 2 4 BARENGAPARA DEBOJIT BERMAN 14 1 31 1 4 1 5 4 BARENGAPARA KALPANA BERMAN 17 2 27 1 4 1 5 4 BARENGAPARA JONTU BERMAN 14 1 20 2 4 2 6 MLN01/R/065A BARENGAPARA MLN01/R/066A BARENGAPARA MLN01/L/001A SELSELLA MONORONJON DAS HH 1 75 1 2 2 4 SELSELLA KRISHNA DAS 2 2 65 5 1 2 3 SELSELLA UTARA DAS 5 2 35 1 3 2 3 SELSELLA UTOM DAS 4 1 34 1 1 2 1 4 4 SELSELLA RUKINI DAS 5 2 32 1 3 2 3 SELSELLA KANDARI DAS 5 2 30 1 3 2 3 MLN01/L/002A SELSELLA BARROBAWAN DAS HH 1 55 1 1 1 4 1 SELSELLA CHITRA DAS 2 2 40 1 1 2 3 MLN01/L/003A SELSELLA BIDYUT BISWAS HH 1 38 1 4 1 4 4 SELSELLA RUBY BISWAS 2 2 28 1 3 2 3 MLN01/L/005A SELSELLA MANIK SAHA HH 1 30 1 3 1 4 4 SELSELLA GEETA SAHA 2 2 22 1 3 2 3 SELSELLA BASANTI SAHA 3 2 55 5 1 2 3 MLN01/L/006A SELSELLA WALSING MARAK HH 1 28 1 3 1 4 1 SELSELLA BALKAME MOMINI 2 2 19 1 2 2 3 MLN01/L/007A SELSELLA SHAMBHOO SAHA HH 1 47 1 2 1 4 4 SELSELLA LAKHI SAHA 2 2 42 1 2 2 3 SELSELLA SUSMITA 5 2 21 2 3 2 6 SELSELLA NEVIDITA 5 2 19 2 4 2 6 MLN01/L/009A SELSELLA RATAN MAHANTO HH 1 32 1 2 1 4 4 SELSELLA RAJOKNI MAHANTO 2 2 24 1 4 2 3 SELSELLA JHURO MAHANTO 18 1 76 5 3 2 5 MLN01/L/010A SELSELLA UTTAM MODAK HH 1 38 1 3 1 4 4 SELSELLA RINKU 2 2 29 1 3 2 3 SELSELLA PAVITRA 14 1 34 2 3 1 4 4 SELSELLA UDAI 14 1 30 2 4 1 4 4 SELSELLA ROMA RANI 19 2 68 5 1 2 4 MLN01/L/007 BETASING MARTIN SANGMA HH 1 47 1 3 1 1,4 1 BETASING NATMI MARAK 2 2 40 1 1 2 3 BETASING MITHUN MARAK 4 1 21 2 3 2 1 MLN01/L/008 BETASING MARTIN SANGMA HH 1 47 1 3 1 1,4 1 BETASING NATMI MARAK 2 2 40 1 1 2 3 BETASING MITHUN MARAK 4 1 21 2 2 2 1 MLN01/L/009 BETASING AMARSIGH HAJONG HH 1 60 1 3 1 VISION 1 4 1 BETASING MULIKA HAJONG 2 2 55 1 3 2 1 BETASING DIGEN HAJONG 4 1 32 2 3 1 5 BETASING JAYONTA HAJONG 4 1 30 2 4 2 6 BETASING KOMOLANI HAJONG 5 2 28 2 3 2 6 BETASING RONGJILA HAJONG 5 2 26 2 3 2 6 MLN01/L/010 BETASING DIPU HH 1 45 1 1 1 3,4 2 BETASING GITA 2 2 35 1 2 2 3 MLN01/L/011 BETASING MITHILA HAJONG HH 2 31 1 1 1 4 1 BETASING BHUBAN HAJONG 3 1 40 1 2 2 2 MLNO1/L/012 BETASING SURESH HAJONG HH 1 59 1 1 2 4 BETASING AHOLA HAJONG 2 2 55 1 1 2 4 BETASING ASHOK 4 1 28 1 3 1 3 1 BETASING SOTORUPA 7 2 25 1 4 2 3 BETASING PRAN 4 1 26 2 4 1 3 1 MLN01/L/013 BETASING DIMBAR MARAK HH 1 54 1 3 1 4 1 DRIVING BETASING RANILA A SANGMA 2 2 35 1 2 2 3 MLN01/L/018 BETASING BASHUDEV PAUL HH 1 36 1 1 1 4 1 BETASING OMITHA PAUL 2 2 25 1 3 2 3 MLN01/L/019 BETASING SUCHIN KOCH HH 1 42 1 1 1 4 2 BETASING PANBALI KOCH 2 2 40 1 2 2 3 BETASING ROHIT KOCH 4 1 18 2 2 2 6 BETASING SUROJIT KOCH 4 1 16 2 2 2 6 BETASING AMARJIT 4 1 15 2 3 2 6 MLN01/L/020 BETASING BINONTO HAJONG HH 1 55 1 3 1 4 1 BETASING KANONBOLA HAJONG 2 2 47 1 2 2 3 BETASING LAJIT HAJONG 4 1 23 2 3 1 2 1 BETASING NOYON HAJONG 4 1 20 2 1 1 2 1 BETASING APON HAJONG 4 1 15 2 3 2 6 BETASING JUNAKI HAJONG 5 2 18 2 2 1 7 1 MLN01/L/021 BETASING BASHUDEV KOCH HH 1 32 2 3 1 4 4 BETASING BUL KOCH 2 2 22 2 1 2 3 WEAVING MLN01/L/022 BETASING KALARAM KOCH HH 1 38 1 1 1 4 2 BETASING NOVANI KOCH 2 2 37 1 1 2 3 BETASING PARMESHAR KOCH 4 1 18 2 3 2 6 MLN01/01/025 ZIGZAK ANIL SEAL HH 1 30 1 1 1 4 ZIGZAK SUKUMAR SEAL 18 1 57 1 2 2 4 4 ZIGZAK SEMBOLA SEAL 19 2 50 1 1 1 4 ZIGZAK SEMA SEAL 2 2 25 1 1 2 3 ZIGZAK MINTU SEAL 14 1 32 2 1 1 4 4 MLN01/01/028 ZIGZAK PURITOSH HAJONG HH 1 23 1 3 1 4 2 ZIGZAK GONDESOR HAJONG 14 1 27 2 4 2 6 ZIGZAK BURJIT HAJONG 15 2 18 2 3 2 6 ZIGZAK HONALI HAJONG 2 2 18 1 3 2 3 MLN01/L/030 ZIGZAK LOCKED STRUCTURE MLN01/L/031 ZIGZAK LOCKED STRUCTURE MLN01/L/032 ZIGZAK LOCKED STRUCTURE MLN01/L/033 ZIGZAK LOCKED STRUCTURE MLN01/L/034 ZIGZAK LOCKED STRUCTURE MLN01/L/035 ZIGZAK LOCKED STRUCTURE MLN01/L/037 ZIGZAK LOCKED STRUCTURE MLN01/L/038 ZIGZAK LOCKED STRUCTURE MLN01/L/039 ZIGZAK UJENDRO MARAK HH 1 50 1 2 1 1,4 1 ZIGZAK SANCHON MARAK 2 2 43 1 2 2 3 ZIGZAK JHON MARAK 4 1 23 2 4 2 1 ZIGZAK NOBILA MARAK 5 2 18 2 3 2 6 ZIGZAK CHRISTINA MARAK 5 2 15 2 3 2 6 MLN01/L/041 ZIGZAK RIDOY HAJONG HH 1 75 1 3 1 4 1 ZIGZAK CHINTAMUNI HAJONG 2 2 70 1 1 1 4 1 ZIGZAK ANIL HAJONG 4 1 38 1 3 1 4 1 ZIGZAK HEMAU HAJONG 7 2 35 1 1 2 3 WEAVING MLN01/L/042 DALU ROSONDI SANGMA HH 1 50 1 3 1 4 4 DALU SILARIN MARAK 2 2 47 1 3 1 1 2 DALU JUNE MARAK 5 1 26 2 3 2 6 DALU BABYLINA MARAK 5 2 22 1 3 1 5 2 DALU SALGRIK SANGMA 6 1 23 1 3 2 6 DALU CHANGKAM MARAK 4 1 17 2 3 2 6 DALU SANAMCHI MARAK 5 2 15 2 3 2 6 MLN01/L/043 DALU DIMISON MARAK HH 1 42 1 1 1 4 1 DALU PREDINK MARAK 2 2 40 1 2 1 4 1 DALU SILRE MARAK 5 2 15 2 3 2 6 DALU PRIHILA MARAK 21 2 70 5 3 1 4 1 DALU SENGWAT MARAK 16 1 35 5 3 1 3 1 MLN01/L/048 DALU CLEARSON SANGMA HH 1 55 1 1 1 4 1 DALU SUNITA SANGMA 2 2 45 1 1 3,BRAIN TUMOUR 2 3 DALU ARITHSON SANGMA 4 1 27 2 1 1 3 1 DALU ROBILA 5 2 25 1 3 2 3 DALU MINTU SEAL 6 1 27 1 3 1 3 1 DALU RUPINA 5 2 25 1 1 2 3 DALU BARMEN 6 1 28 1 1 2 1 DALU ALEC 4 1 16 2 2 2 6 MLN01/L/049 DALU LOCKED STRUCTURE MLN01/L/052 DALU MINGSENG MOMIN HH 1 45 1 3 1 1,4 1 DALU CHUKUNTULA MARAK 2 2 40 1 1 1 4 1 DALU CHOMBAUNE MARAK 5 2 15 2 2 2 6 DALU SENGRITUM MARAK 5 2 14 2 2 2 6 MLN01/L/053 DALU SIMRENG SANGMA HH 2 30 5 1 1 1,4 2 MLN01/L/057 DALU HELENA MARAK HH 2 35 1 2 1 4 4 DALU HELITSON SANGMA 3 1 42 1 2 1 3 DALU MLN01/L/059 DALU AUROBINDO KOCH HH 1 46 1 2 1 4 2 DALU BRIJIT MARAK 2 2 42 1 1 2 3 DALU FEDERICK MARAK 4 1 23 2 4 1 5 4 DALU DOLLILA MARAK 5 2 16 2 3 2 6 MLN01/L/060A SELSELLA TOKRU VARMAN HH 1 45 1 1 1 4 1 watch repairing SELSELLA PARMA VARMAN 2 2 35 1 2 2 3
Annexure 5:
Land Acquisition Map
54 55 319 283 321 322
N
0 5 10 20 30 40 50
LEGEND : SCALE: AS MENTIONED LAND ACQUISITION PLAN ABOVE IN MAP Garobadha to Dalu (MLN 01) CLIENT CONSULTANT PROJECT TITLE: (Km 31.620 TO Km 32.000)
B :\SUi\# Projects\NES RIP\Land Acquisi ti on\Assam AS37c\SME C Int Logo.j pg SHEET SIZE: A3 ZIkzak Village SMEC INTERNATIONAL PTY. LTD. DESIGN & PROJECT MANAGEMENT SUPPORT FOR THE PROPOSED NORTH EASTERN ( Km 31.260 to 32.000 ) DLF BUILDING No 8, C TOWER, 5th FLOOR, Asian Development Bank CYBER CITY, PHASE-II, STATE ROADS INVESTMENT PROGRAM GURGAON, HARYANA, SMEC 1161 DPR AS 37C DRW A INDIA -122 002, Tel : 0124-4380042, 4501100
Annexure 6:
Land Acquisition Schedule
LAND ACQUISITION SCHEDULE – ACQUISITION OF PRIVATE LAND
Name of the Road: Garobadha to Dalu District: West Garo Hills…… Par: 4/Annas Karai Bari Village: Zikzak
Total Land Total Land Khata No. / Khasra No. / Holding Impacted Land Classification S. No. Name of Owner Father’s Name Holding Remarks Patta No. Dag No. Unit: Unit: Sq. M. of Land Unit: Sq. M. Bigha/Katha/Lessa 1 PP-71 322 Jharat Chandra Hajong Lt. Ganga Dhar Hajong 1 / 1 / 10 1739.40 4.08 Agriculture Used for residential and Land plantations 2 PP-75 319 Muroli Hajong Lt. Fonindo Hajong 1 / 1 / 4 1659.12 96.92 Agriculture Land utilized for Land residential purpose and plantations 3 PP-56 321 Lalit Mohan Hajong Lt. Ram Krishna Hajong 1 / 0 / 4 1391.52 197.93 Agriculture Land utilized for Land residential purpose and plantations PP-31 55 Murli Mohan Hajong Lt. Madan Hajong 4 / 4 / 4 6783.66 556.64 Agriculture Land utilized for 4 Land residential purpose. Ashok Kumar Hajong and Lt. Mosendra Hajong 0 / 1 / 3 Temporary residential Pran Kumar Hajong structures will be affected 5 - 54 Government Land - 13 / 2 / 14 18116.52 117.38 Barren Vacant land with shrubs and trees and residential encroachment
TOTAL AREA 972.95
Annexure 7:
Terms of Reference for Monitoring Expert/NGO
Annexure 8
TERMS OF REFERENCE FOR EXPERT / NGO FOR MONITORING OF IMPLEMENTATION OF RESETTLEMENT PLAN
I. Project description
1. The proposed North East State Roads Investment Program (NESRIP) is a part of MDONER’s1 initiative to bring the North Eastern Region into the mainstream of development. The project will assist the six states of the region to develop their road network and establish reliable road connectivity to the national and sub regional road networks and thus facilitate regional integration and trade flows. The project will also support capacity building of road sector institutions at the state level and contribute to effective and efficient management of the road assets.
2. The road section from Garobadha to Dalu –NH-51 (MLN1), in the state of Meghalaya is one of the roads identified for upgradation under the Tranche 1 of North Eastern Road Sector Investment Program. Road section starts from Garobadha village and passes through completely hilly terrain up to end of the Project road i.e. Dalu Village on NH-51 and some sections through rolling terrain. The length of the Project road is 93.4 kilometers.
3. The Project includes a provision for monitoring of the implementation of Resettlement Plan (RP) by an external expert/NGO, which will be engaged by MDONER at the EA level.
II. Scope of work - Generic
4. Based on the monitoring information collected by the Project Implementation Unit (PIU) / Executing Agency (EA), the responsibility of the Expert / NGO will be:
To review and verify the progress in resettlement implementation as outlined in the RP and to assess the implementation of RP measures are on course to achieving its objectives; To monitor the effectiveness and efficiency of PIU and NGO in RP implementation. To assess whether resettlement objectives, particularly livelihoods and living standards of the Displaced Persons (DPs)2 have been restored or enhanced; To assess the efforts of PIU & NGO in ensuring ‘Community Participation’ with particular attention on participation of vulnerable groups namely (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. To assess resettlement efficiency, effectiveness, impact and sustainability, drawing both on policies and practices and to suggest any corrective measures, if necessary. To review the project impacts on Indigenous People and groups and assess the effectiveness of the mitigation measures adopted;
1 Ministry of Development of North Eastern Region (MDONER) was set up in September 2001 to act as the nodal department of the Central Government to deal with matters pertaining to socio-economic development of the States of North East India.
2 ‘The displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas’ (Source: ADB Safeguard Policy Statement (SPS), 2009. 1 III. Scope of work- Specific
5. The independent monitoring Expert/NGO will be involved in ongoing monitoring of the resettlement efforts by the EA/PIU. The Expert/NGO will review and verify the monitoring data collected by the EA/PIU. The major tasks expected from the external monitor are:
a. To develop specific monitoring indicators for undertaking monitoring for implementation of Resettlement Plans.
b. Review results of internal monitoring and verify claims through random checking at the field level to assess whether resettlement objectives have been generally met.
c. Identify the strengths and weaknesses of the resettlement objectives and approaches, implementation strategies.
d. To review and verify the progress in resettlement implementation of subproject on a sample basis and prepare quarterly reports for the EA/PIU and ADB.
e. Evaluate and assess the adequacy of compensation / assistances given to the DPs and the livelihood opportunities and incomes as well as the quality of life of DPs of project-induced changes.
f. To evaluate and assess the adequacy and effectiveness of the consultative process with affected DPs, particularly those vulnerable, including the adequacy and effectiveness of grievance procedures and legal redress available to the affected parties, and dissemination of information about these.
IV. Time Frame and Reporting
6. The independent monitoring expert / NGO will be responsible for monitoring of the R&R activities carried out by EA / PIU and will submit quarterly review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement.
V. Qualifications
7. The independent monitoring expert / NGO should have significant experience in resettlement policy analysis and RP implementation. Candidates with degrees in anthropology, sociology, and development studies will be preferred.
8. Interested expert/NGO should submit proposal for the work with relevant information concerning previous experience on monitoring of resettlement implementation and preparation of reports. In case of expert the detailed CV should be submitted providing the details of the previous experience in monitoring of resettlement related activities. In case of NGO, the profile of NGO along with full CVs of monitors to be engaged must be submitted.
VI. Budget and Logistics
9. The proposal - both technical and financial - should be submitted and the budget should include all cost and any other logistics details necessary for resettlement monitoring. Additional expense claims whatsoever outside the budget will not be entertained.
2