Involuntary Resettlement Assessment and Measures Resettlement Plan for SH-78 (Bihta–Sarmera Subproject) Document Stage: Final Project Number: 41629 July 2010 IND: Bihar State Highways II Project Prepared by Bihar State Road Development Corporation, Government of Bihar. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. ACRONYMS ADB Asian Development Bank APs Affected Persons ARO Assistant Resettlement Officer BPL below poverty line BSR Basic Schedule of Rates BSRDC Bihar State Road Development Corporation CPR common property resources CSC Construction Supervision Consultant DC District Collector DGM Deputy General Manager DP displaced person DPR detailed project report EA executing agency EE Executive Engineer FGD Focus Group Discussion GoI Government of India GRC Grievance Redress Committee IA Implementing Agency IP Indigenous Peoples IR Involuntary Resettlement LAA Land Acquisition Act LAP Land Acquisition Plan MD Managing Director NGOs non-governmental organizations NRRP National Rehabilitation and Resettlement Policy OBC Other Backward Castes PIUs Project Implementation Units PMU Project Monitoring Unit RC Resettlement Cell R&R Resettlement and Rehabilitation RF Resettlement Framework RO Resettlement Officer ROW Right of Way RP Resettlement Plan SCs Scheduled Castes SPS ADB Safeguard Policy Statement STs Scheduled Tribes TOR Terms of Reference TABLE OF CONTENTS EXECUTIVE SUMMARY i CHAPTER 1: PROJECT DESCRIPTION 1 1.1 General 1 1.2 The Project Road and its Components 1 1.3 Profile of the Project Area 3 1.4 Subproject Impacts and Benefits 3 1.5 Project Components 5 1.6 Minimizing Resettlement 6 1.7 Scope and Objective of Resettlement Plan 7 CHAPTER 2: METHODOLOGY FOR IMPACT ASSESSMENT 9 2.1 Resettlement Screening 9 2.2 Land Acquisition Planning 9 2.3 Census Survey and Inventory of Assets 9 2.4 Public Consultation 10 CHAPTER 4: SOCIOECONOMIC INFORMATION AND PROFILE 11 3.1 Socioeconomic Profile of Project Area 11 3.2 Social Categories of the DPs 12 3.3 Religious Categories of the DPs 12 3.4 Number of DPs 13 3.5 Number of DPs of Various Categories 13 3.6 Vulnerable Households being Affected in the Subproject 13 3.7 Annual Income Level of the Affected Households 14 3.8 Educational Status of DPs 14 3.9 Occupational Status of DPs 14 3.10 Impact on Indigenous People 15 3.11 Gender Impact 15 CHAPTER 3: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 17 4.1 Scope of land Acquisition 17 4.2 Loss of Land 17 4.3 Loss of Structures in the Subproject 19 4.4 Impact on Private Trees 21 4.5 Loss of Livelihoods 21 4.6 Loss of Community Property Resources 22 4.7 Summary Subproject Impacts 22 CHAPTER 5: STAKEHOLDERS CONSULTATION AND PARTICIPATION 23 5.1 Stakeholders in the Project 23 iii 5.2 Public Consultation in the Project 23 5.3 Methods of Public Consultation 23 5.4 Scope of Consultation and Issues 23 5.5 Findings of the FGD 24 5.6 Consultation with Officials and Other Stakeholders 39 5.7 Plan for further Consultation in the Project 39 5.8 Information Disclosure 41 CHAPTER 6: LEGAL FRAMEWORK 42 6.1 Introduction 42 6.2 Land Acquisition Act 1894 42 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 43 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 45 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement 46 6.6 Policy Framework for this Project 47 6.7 Methodology for Determination of Valuation of Assets 49 6.8 Procedure and Steps of Land Acquisition 50 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 51 7.1 Definition of DPs and Eligibility 51 7.2 Entitlements 51 7.3 Entitlement Matrix 53 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 57 8.1 Basic Provision for Relocation 57 8.2 Need for Relocation 57 8.3 Magnitude of Physical Displacement in the Subproject 57 8.4 Relocation and Compensation Option by DPs 58 8.5 Relocation Strategy 58 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 60 9.1 Loss of Livelihoods in the Subproject 60 9.2 Provisions for Loss of Livelihood 60 9.3 Income Restoration Measures 61 9.4 Additional Support from Ongoing Poverty Reduction Programs 61 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 62 10.1 General 62 10.2 Compensation 62 10.3 Assistance 63 10.4 Compensation for Community and Government Property 63 10.5 RP Implementation and Support Cost 63 10.6 Source of Funding and Fund Flow Management 64 10.7 R&R Budget 64 CHAPTER 11: Grievance Redress Mechanisms 66 11.1 General 66 11.2 Grievance Redress Mechanism 66 11.3 Constitution and Function of the GRC 66 11.4 Operational Mechanisms of GRC 66 CHAPTER 12: INSTITUTIONAL ARRANGEMENTS 68 12.1 Institutional Requirement 68 12.2 Executing Agency 68 12.3 Project Management Unit (PMU) 68 12.4 Project Implementation Unit (PIU) 68 12.5 Non Government Organization (NGO) 69 12.6 Capacity Building on RP in the EA 70 CHAPTER 13: IMPLEMENTATION SCHEDULE 72 13.1 Introduction 72 13.2 Schedule for Project Implementation 72 13.3 R&R Implementation Schedule 72 CHAPTER 14: MONITORING AND REPORTING 74 14.1 Need for Monitoring and Reporting 74 14.2 Monitoring in the Project 74 14.3 Stages of Monitoring 75 14.4 Monitoring Indicators 76 14.5 Reporting Requirements 77 Appendixes: Appendix 1 Census Survey Questionnaire Appendix 2 TOR for NGO Appendix 3 List of Affected Persons and Properties Appendix 4 Attendance for FGD Consultations i EXECUTIVE SUMMARY A. Project Description 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways-I Project under Asian Development Bank (ADB) assistance and now intending to take up Bihar State Highways II Project to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under Bihar State Highways II Project, four subprojects road sections consisting of 351.086 kilometers are selected for which detailed project reports (DPR) for these road sections are being prepared by BSRDC. This is a full Resettlement Plan1 prepared for the SH-78 subproject which is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned. 2. The subproject road section (SH-78) has been distinctively divided into 2 segments separated by NH 30A. The first segment i.e. Bihta – Daniyawan section falls in Patna District and the other section i.e. Chandi - Sarmera is under Nalanda District. The first segment takes off at Bihta with Junction of NH-30 and ends at Daniawan with junction of NH-30A totaling 52.3 km. The other section also starts from NH30A about 20km away from the end point of the first section and terminates at Sarmera, the junction with NH-82 traversing a distance of 48. km. Thus, the total length of the subproject section is 100.314 km. The ROW available in the road section ranges from 20 to 30 m in Chandi Bazaar and the remaining sections it varies from 7 to 20m. Formation width where it is black topped is limited to 3.5 to 5.5 m. only. 3. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area. 4. As the existing ROW is very much limited and therefore realignment is proposed for major parts of the project road, the additional requirement of land may be up to 60m in substantial portion of the project length. The 60 m uniform RoW has been decided keeping in mind the future need of expansion and requirement of comparatively more construction width due to high embankments for significant length. Key activities for subproject road improvement involves (i) widening/strengthening of the road up to 4-lane divided carriageway configuration (ii) improving road geometry (iii) laying of embankment (iv) rehabilitation and construction of new bridges and other cross drainage structures (v) construction of side drains (vi) construction of ROBs (vii) Junctions/intersections improvement (viii) provision of service roads, underpasses and way side amenities etc. The brief of all key project activities are described below. Adequate attention has been given during the feasibility and detailed project design phases of the project 1 As per ADB’s SPS-2009 and OM Section F-1/OP issued on January 2010, The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). ii preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. 5. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods.