Resettlement Plan

November 2019

India: Maharashtra State Road Improvement Project Improvement to Barshi –Solapur Akkalkot Dudhani Aland to State border Road Km 1/400 to 63/300 SH – 204, EPC-3

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

CURRENCY EQUIVALENTS (as of 1st August 2019)

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

NOTES

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

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. iii

ABBREVIATIONS

ADB Asian Development Bank AP Affected Person ARO Assistant Resettlement Officer AE Assistant Engineer BPL Below Poverty Line BSR Basic Schedule of Rates CAP Corrective Action Plan CE Chief Engineer CoI Corridor of Impact CPR Common Property Resources DC District Collector DLAO District Land Acquisition Officer DP Displaced Person DH Displaced Household DPR Detailed Project Report EA Executing Agency EPC Engineering Procurement and Construction EE Executive Engineer FGD Focus Group Discussion FHH Female Headed Household GOI Government of India GOM Government of Maharashtra GRC Grievance Redress Cell GRM Grievance Redress Mechanism HH Household IP Indigenous People IPP Indigenous People Planning IR Involuntary Resettlement LA Land Acquisition LAA Land Acquisition Act LAP Land Acquisition Plan LAR Land Acquisition and Resettlement LVC Land Valuation Committee M&E Monitoring and Evaluation MAW Minimum Agricultural Wage MPWD Maharashtra Public Works Department MSRIP Maharashtra State Road Improvement Project NGO Non-Government Organization NTH Non-Titled Holder OBC Other Backward Classes CE Chief Engineer PIU Project Implementation Unit PMC Project Management Cell resettlement and Resettlement & Rehabilitation rehabilitation RFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act RO Resettlement Officer ROW Right of Way resettlement plan Resettlement Plan SC Schedule Caste SDO Social Development Officer SE Superintending Engineer SES Socio Economic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement SRU Social &Resettlement Unit ST Schedule Tribe TH Titled Holder TOR Terms of References

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CONTENTS

EXECUTIVE SUMMARY ...... 9 A. Project Description ...... 9 B. Scope of Land Acquisition and Resettlement ...... 9 C. Socioeconomic Information and Profile ...... 10 D. Stakeholders Consultation and Participation ...... 10 E. Legal Framework ...... 10 F. Entitlements, Assistance and Benefits ...... 11 G. Relocation of Housing and Settlements ...... 11 H. Income Restoration and Rehabilitation ...... 11 I. Resettlement Budget and Financing Plan ...... 11 J. Grievance Redressal Mechanism ...... 11 K. Institutional Arrangement ...... 12 L. Implementation Schedule ...... 12 M. Monitoring and Reporting ...... 12 I. INTRODUCTION ...... 13 A. Background ...... 13 B. Minimization of Impact ...... 15 C. Scope and Objective of Resettlement Plan (resettlement plan) ...... 16 D. Project Appreciation ...... 16 E. Major Links Connected………………………………………………………………………...18 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ...... 19 A. Methodology for Assessment of LAR Impacts ...... 19 B. Displaced Households and Persons ...... 19 C. Inventory of Losses ...... 20 III. SOCIO-ECONOMIC INFORMATION AND PROFILE ...... 22 A. Project Area Profile ...... 22 B. Demography of Displaced Persons (DPs) ...... 23 C. Social Structure among Displaced Persons (DPs) ...... 23 D. Vulnerability ...... 24 E. Income ...... 25 F. Primary Income Earners and Sources of Income ...... 25 G. Occupational structure ...... 25 H. Educational Status ...... 26 I. Impact on Gender ...... 26 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ...... 27 A. Identification of Stakeholders ...... 27 B. Methods of Public Consultation ...... 27 C. Findings of the Public Consultations ...... 28 D. Mechanism of Disclosure ...... 30 E. Consultation Plan for resettlement plan Implementation Period ...... 30 F. Consultation Outcomes Incorporated in resettlement plan ...... 31 V.LEGAL FRAMEWORK ...... 32 A. Country Legal and Regulatory System ...... 32 B. ADB Safeguard Policy Statement (SPS), 2009 ...... 34 C. Maharashtra Direct Purchase Policy ...... 35 D. Comparison of Country and ADB Policy and Measures to Fill Gaps ...... 36 E. IR Policy Adopted for the Project ...... 41 VI. ELIGIBILITY AND ENTITLEMENTS ...... 44 A. Eligibility under the Project ...... 44 B. Entitlement Matrix ...... 45 VII. INSTITUTIONAL ARRANGEMENTS ...... 55 A. Institutional Requirement ...... 55 B. Executing Agency ...... 55 C. Resettlement Management at ADB-PMU ...... D. Resettlement Management at Project Implementation Unit (PIU) ...... 55 E. Nongovernment Organization (NGO) ...... 57 F. Capacity Building ...... 58 VIII. GRIEVANCE REDRESS MECHANISM...... 60 Level 1: PIU and field level...... 60 Level 2: State Level ...... 60 Level 3: Court of Law ...... 61 IX. COMPENSATION, RELOCATION AND REHABILITATION ...... 63 A. Valuation of Assets ...... 63 B. Relocation ...... 63 C. Rehabilitation Measures ...... 64 X. BUDGET ...... 65 XI. MONITORING AND EVALUATION ...... 66 A. Need for Monitoring and Reporting ...... 66 B. Internal Monitoring ...... 66 C. Stages of Monitoring...... 67 vii

D. Monitoring Indicators ...... 68 E. Reporting Requirements ...... 68 XII. IMPLEMENTATION SCHEDULE ...... 69 A. Schedules for Project Implementation ...... 69

List of Tables

Table (a): Summary Project Impacts ...... 9 Table No. 1: Details of Project Road ...... 13 Table No. 2: Displaced Households and Persons...... 19 Table No. 3: Number of Affected Structures and Displaced Households ...... 20 Table No. 4: Type of Construction of Affected Structures ...... 20 Table No. 5: Magnitude of Impact and Relocation Requirement ...... 20 Table No. 6: Affected Common Property Resources ...... 21 Table No. 7: Key socio-demographic data of the state and the Project district ...... 22 Table No. 8: Details Displaced Population ...... 23 Table No. 9: Religious Groups ...... 23 Table No. 10: Family Status and Size of Displaced Households ...... 23 Table No. 11: Social Categories ...... 24 Table No. 12: Vulnerable Displaced Households ...... 24 Table No. 13: Income level of the Displaced Households ...... 25 Table No. 14: Primary Income Earner of the Displaced Households ...... 25 Table No. 15: Occupation of the Displaced Households ...... 25 Table No. 16: Educational Status of the Displaced Persons ...... 26 Table No. 17: Consultation Methods adopted in Project ...... 27 Table No. 18: Summary of Community Consultations ...... 28 Table No. 19: Detailed Policy Comparison ...... 37 Table No. 20 Entitlement Matrix ...... 45 Table No. 21: Roles and Responsibilities of Different Agencies for Resettlement Plan Implementation ...... 57 Table No. 22: Compensation of structure ...... 63 Table No. 23 Rehabilitation Measures ...... 64 Table No. 24:Estimated Compensation and Relocation Budget ...... 65 Table No. 25: Resettlement and Rehabilitation Implementation Schedule ...... 70

List of Figures

Figure No.1: Barshi - Solapur Road (Source: Google Maps) ...... 15 Figure No.2: Public Consultation Photos ...... 30 Figure No. 3: Institutional Arrangement ...... 58 Figure No. 4: Stages of Grievance Redressal ...... 62

List of Appendix

Appendix 1: List of Affected Villages ...... 71 Appendix 2: Notice for Cut-Off-Date ...... 72 Appendix 3: Census and Socio-Economic Questionnaire ...... 73 Appendix 4: List of Non-Titleholders ...... 77 Appendix 5: List of CPRs ...... 78 Appendix 6: Public Consultation Meeting ...... 80 Appendix 7: Terms of Reference for NGO ...... 91 Appendix 8: Maharashtra Direct Purchase Policy ...... 100 Appendix 9: Consent Form ...... 105 Appendix 10: Photos of Non- Titleholders ...... 112 Appendix 11: Photos of CPR ...... 113 Annexure 12: List of affected and non-affected structures along the project road ...... 114 Appendix 13: Drawing of Affected Structures with respect to the Existing Road ...... 116

EXECUTIVE SUMMARY

A. Project Description

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

2. The subproject Road Barshi –Solapur Road (SH 204) under EPC 3 is located in the District of Solapur. The length of the subproject road is 61.90 kilometer. The project aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region.

3. This Resettlement Plan (resettlement plan) has been prepared in compliance with the applicable State Government, Government of India, and ADB policy and legal framework. This project is considered as Category B1 for Involuntary Resettlement (IR) as per ADB’s Safeguard Policy Statement (SPS) 2009. This subproject will include impacts such as being relocated from housing or losing 10% or more of productive assets2 (income generating).

B. Scope of Land Acquisition and Resettlement

4. As per the technical design, the roadway width proposed for 2-lane carriageway with paved shoulder varying from 14 to 20 meters. The existing Right of Way, as per the government records, is 15.0 to 24.0 meters. The proposed centerline is designed such that no land acquisition is required. The project impact assessed through project census survey includes loss of non-land assets and loss of livelihoods. As per survey findings, 24 structures owned by 24 households will be affected. The affected households are non-titleholders. 10 households are losing less than 10% of their productive assets and 14 are losing Kiosks. The summary of findings is presented in the following Table.

Table (a): Summary Project Impacts Sl. No. Impacts Number 1 Total number of private structures affected 24 2 Total number of displaced households 24 3 Total number of displaced persons 112 4 Total number of economically displaced households 24 Less than 10% of 10

productive assets

1 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project. 2 Productive assets are those with ability to generate profits and cash flow. This may include frontage of residential structures used for commercial purposes. 10

Sl. No. Impacts Number More than 10% of 0

productive assets Kiosks 14 5 Total number of physically displaced households 00 6 Total number of vulnerable households 24 Source: Primary Survey, 2018

C. Socioeconomic Information and Profile

5. The social stratification of the project area shows the dominance of General class population with 21 (87.5%) households. There are 112 affected persons in total, which includes 65 (58.04%) male and 47 (41.96%) female. The average household size is 4.48. According to project census survey, there are 24 vulnerable households affected by the project. The educational status of DPs reveals that 9.52% DPs are still illiterate in the project area. 9 villages are affected, and the list is amended as Appendix 1.

D. Stakeholders Consultation and Participation

6. Public consultations were conducted at 5 locations attended by 67 persons (64 Males and 3 Females) in the project to ensure people’s participation during the project census survey. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through focus group discussions and individual interviews. Several additional rounds of consultations with DPs and communities will form part of the further stages of project preparation and implementation. MPD will conduct these consultations during resettlement plan implementation. With the support of an implementation nongovernment organization (NGO). The consultations will involve disclosure on compensation, assistance options, and entitlement package suggested for the project.

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

E. Legal Framework

8. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GoI, the GoM and ADB. Prior to the preparation of the resettlement plan, a detailed analysis of the existing national and state policies was undertaken, and an entitlement matrix has been prepared for the project. This resettlement plan is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. The gaps between the policies have been identified and addressed to ensure that the resettlement plan adheres to the SPS (2009) requirements.

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9. All compensation and other assistances will be paid to all DPs prior to commencement of civil works. After payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. The value of salvaged materials will not be deducted from the overall compensation amount due to the DPs. A notice to that effect will be issued intimating that DPs can take away the materials.

F. Entitlements, Assistance and Benefits

10. The cut-off date for non-titleholders is the end of the census survey which is 18th January 2019. The structures affected under the project will be compensated at replacement cost. DPs who settle in the affected areas after the 18 January 2019 will not be eligible for compensation. They, however, will be given enough advance notice, requested to vacate premises and dismantle affected structures prior to project implementation.

G. Relocation of Housing and Settlements

11. There will be no person relocated from housing due to loss of full loss of residential housing. The EA will compensate to the non-titleholders and titleholders for the loss of assets other than land, such as residential and commercial structures, and for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date.

H. Income Restoration and Rehabilitation

12. The impact assessment indicates that 24 households are losing their commercial assets under the project. Due to loss of front shed/projected shed of commercial structure 10 DH are losing less than 10% of the productive assets and after dismantling the extended portion will restore their business with pre - project status. 14 affected kiosks will be pushed back outside the Corridor of Impact within the RoW and all will restore their income and there will be no disruption of livelihood.

I. Resettlement Budget and Financing Plan

13. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for resettlement plan implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. Contingency provisions have also been made to considering variations from this estimate. The total budget for the proposed project resettlement plan is INR 4.72 million.

J. Grievance Redressal Mechanism

14. The grievance redress mechanisms will be established and will function at the commencement of resettlement plan implementation. Grievance Redressal Committee (GRC) will be established at the district and state level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRC will be established at two levels. There will be one GRC at PIU which will be headed by Superintending 12

Engineer. The other PIU, headed by the Chief Engineer will be at the state level. The GRC will have representative from the PIU and /or PIU affected people, an NGO, and/or other interest. All grievances will be routed through the NGO/ PIU/ local self-government to the GRC. The implementing NGO will - act as a facilitator to the GRC. However, an aggrieved person will have access to the country's judiciary at any stage of the project level grievance redress process.

K. Institutional Arrangement

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

L. Implementation Schedule

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

M. Monitoring and Reporting

17. resettlement plan implementation for the project by the EA through internal monitoring by the PMU. PIU, responsible for supervision and implementation of the resettlement plan, will prepare monthly progress reports on resettlement activities and submit these to the PMU. The PMU will prepare semi-annual resettlement plan implementation monitoring reports to resettlement plan to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. The PMU will submit the semi-annual monitoring reports to ADB for disclosure in the ADB website. 13

I. INTRODUCTION

A. Background

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

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

3. MPWD, has prepared DPRs for the roads coming under the MSRIP by hiring a detailed design consultant. The detail of Project Roads is mentioned in following table 1.

Table No. 1: Details of Project Road

Sl. EPC No. Region District Road Road Name Length No. Designation & in KM Number 1. Konkan Ratnagiri SH 174 Improvement to NH-66 23.50 to Kante Tulsani Devrukh Road Km 0/00 EPC 1 to 23/500. 2. Konkan Ratnagiri MDR 55 Improvement to Chafe 10.35 Ganpatipule Road Km 0/00 to 10/350, MDR 55 3. Konkan Ratnagiri SH 175 Improvement to 28.10 Dabhole Shiposhi Korle Vatul Road Joining to EPC 2 NH-17 km 0/0 to 28/100 4. Konkan Ratnagiri SH 170 Improvement to 23.70 Hatiwale Jaitapur Road Km 0/00 to 23/700. 5. EPC 3 Pune Solapur SH 204 Improvement to Barshi 61.90 Solapur Akkalkot Dudhani Aland to State border Road SH 204 Km 1/400 to 63/300 Part Barshi to Solapur Tal Barshi. 6. EPC 4 Pune Solapur SH 68 Improvement to Daund 50.54 Karmala Paranda Barshi 14

Sl. EPC No. Region District Road Road Name Length No. Designation & in KM Number Osmanabad Road SH 68 Km 137/260 to 189/120 7. EPC 5 Amravati Yavatmal SH-51 Improvement to 56.05 Shrirampur Vaijapur Risod Washim Pusad Fulsawangi Mandvi Road (Section Washim Pusad) in Washim., Km 242/200 to 298/249 8. EPC 6 Amravati Amravati SH-300 and Improvement to 64.66 and SH 300 A Riddhapur Teosa Kurha Yavatmal Anjansingi Dhamangaon Rly Devgaon Babhulgaon Road SH- 300 Km 40/600 to 108/00 and Dhamangaon Bypass Road K.M 0/00 to 6/565 TQ. Teosa 9. Amravati Amravati SH 47 Improvement to Valgaon 24.00 and Daryapur Akot SH 47 Akola Road (Daryapur to EPC 7 Akot), Km 156/00 to 180/00. 10. Amravati Amravati MDR-21 and Improvement to Amla 17.55 SH-301 Runmochan Asara Road Dist. Amravati MDR-21 (17.50 Km) 11. Amravati Amravati SH-297 Improvement to 15.08 Amravati Chandur Rly Talegaon Road Km 32/200 to 49/155 Tq EPC 8 Chandur Rly. 12. Amravati Amravati SH-300 Improvement to 40.80 Riddhapur Lehegaon Ner Pingalai Teosa Road SH-300 Km. 0/00 to 40/800 Tal. Morshi. 13. EPC 9 Pune Solapur SH 68 Improvement to Daund 35.23 Karmala Paranda Barshi Osmanabad Road SH 68Km 208/160 to 250/155 Total 451.45

4. The Subproject Road SH 204, is one of the prioritized roads in the MRIP which spans the total length of 61.90 Km. The road falls in the district of Solapur. The proposed project is an expansion and upgradation project, lies entirely in Solapur district and passes through three talukas viz. Barshi, Solapur south and Karmala crossing 9 number of villages on the way. Appendix 1 lists the affected villages.

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

6. A detail survey was carried out for Barshi Solapur Akkalkot Dudhani Aland to State District Border SH 204, Km 0/000 to 136/200 Part - Barshi to Solapur Road Tal- Barshi. (Section from km 1/400 to km 63/300) (Length 61.900 km) in District Solapur, Maharashtra.

7. Moreover, stretch passes through major junctions and spreads through remote location of the Solapur District. The project alignment and some important locations along the project road are presented in Figure below:

Figure No.1: Index Map of Project Road

B. Minimization of Impact

8. Adequate attention has been given during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement. However, technical and engineering constraints were one of the major concerns during exploration of various alternatives, especially in relations to road safety and decreasing congestion in key sections.

9. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of Structures, trees, utility services along the project road, the center line of the alignment is designed to cause minimum disturbance to existing features. (i) The existing RoW (15 to 24) is enough in various parts of the project road for the proposed widening and improvement. However, to minimize the resettlement impacts it was proposed to limit the civil works up to 14 to 20 meters. Hence, we have restricted the distance for Social impact up to 14 to 20 meters. 16

. C. Scope and Objective of Resettlement Plan (resettlement plan)

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

11. This resettlement plan has been prepared on the basis of project census survey findings and consultation with various stakeholders. The plan complies with ADB SPS, 2009 that is designed by ADB to protect the rights of displaced persons and communities. The issues identified and addressed in this document are as follows:

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

D. Project Appreciation

12. This entire stretch starting from Barshi and ends at Solapur provides connectivity to various important religious places, cities, Sugarcane factories, important places of trades, other national and state highways as described below.

a. Religious Importance

i. Bhagvant Temple - Barshi city is located on this project alignment. Barshi is famous for "Bhagwant Mandir". It is known that Bhagwant is avatar of lord Vishnu. Bhagvant temple is dedicated to Shri Vishnu. The uniqueness of this temple is that this is the only temple of Shri Vishnu all over India having Shri Vishnu’s name as BHAGAVANT. There are four entries to the temple from all the four directions, this is shortest route to Barshi from Pune and Shortest route to reach temple for peoples coming from Osmanabad, Nashik.

ii. Siddheshwar Temple Solapur - Siddheshwar temple in Solapur district is famous temple in Solapur. It is Sacred to Hindus and members of the Lingayat faith. This temple is visited by large numbers of pilgrims from various parts of Maharashtra every day.

iii. Akkalkot - Akkalkot is widely known for its association with Shri Swami Samarth Maharaj, held by his devotees to be a reincarnation of Lord Dattatreya. Swami Maharaj lived for over two decades at Akkalkot, mainly at the residence of his disciple 17

Cholappa, where his samadhi (tomb) and shrine are now located. The shrine complex, which is known the Vatavruksh Mandir since it encloses the banyan tree beneath which the swami would preach his message, is the hub of devotions for his followers.

iv. Akkalkot Taluka is also famous for "Khwaja Daud Dargah" for peace in between Muslim religion, lots of people come together there for visiting mosque and also popular for Urdu month of Muharram people come together to perform tasks as their religion.

b. Economic Importance

13. The Project Road Passes through Barshi Solapur Akkalkot Dudhani Aland to State District Border. Primary crops include wheat, sugar cane, oranges and sweet limes. The primary occupation of peoples is farming. There are Four Sugar Factories located along with the alignment. Sugarcane from nearby area transported by the Tractors and Trailers to sugar factory for Processing. Following four major sugar factories are connected by this stretch:

i. Aryan sugars Ltd, Barshi. ii. Lokmangal sugars Ltd. iii. Indreshwar Sugar Mills Ltd, Barshi. iv. Bhairavnath sugar factory.

c. Connectivity to Important cities

i. Barshi- Barshi is second largest city in Solapur District. It is a hub for business, industry and tourism. Barshi is densely populated. Barshi has high number of lentil industries. Barshi is forthcoming as medical and educational center for rural masses from nearby Marathwada region. Overview of Barshi, Barshi is taluka place in Solapur district. Barshi is known as entrance of 'Marathwada'. Barshi is bigger taluka place in Solapur than other cities in Solapur.

ii. Solapur- Solapur is a city located in the south-western region of the Indian state of Maharashtra, close to its border with Karnataka. Solapur is located on major Highway. It has been a leading center for cotton mills and power looms in Maharashtra. Solapur had the world's second largest and Asia's largest spinning mill. Solapur is located at an important junction of the North-south railway line which provides good transportation infrastructure for trade and industry.

iii. Osmanabad- Osmanabad is a city and a municipal council in Osmanabad district in the Indian state of Maharashtra. The city Osmanabad derives its name from the last ruler of Hyderabad, the 7th Nizam, Mir Osman Ali Khan. Osmanabad has a sub-center of Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, which includes Department of Management Science, Department of Education, Department of Chemistry, Department of Biotechnology & Department of microbiology etc. Osmanabad railway station (station code UMD) is an important railway station situated on Latur - Miraj railway route of central railway. National Highway 52 and State Highway 67 are passed through the city, National Highway 52 connects Osmanabad to Major cities of Maharashtra like Solapur, Beed, Aurangabad, Dhule etc.

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E. Major Links connected by SH 204

• Solapur Hyderabad Road • SH 68 Dhound -Paranda-Barshi- Osmanabad Road • National Highway Solapur Nanded • Kuduwadi – Barshi -Latur

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. Methodology for Assessment of LAR Impacts

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

15. The cut-off date for non-titled persons shall be 19th January 2019. The cut-off date notice is attached as Appendix 2

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

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

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

B. Displaced Households and Persons

18. A total of 24 households with 112 persons are affected by the project presented in Table 2. Among these 24 households, all are Non-Title Holder households (NTH). All households (HH) are economically displaced and all are vulnerable. 10 households are losing less than 10% of their productive assets and 14 are losing Kiosks.

Table No. 2: Displaced Households and Persons No. of No. of Type of Affected Household & Persons % Household Person Total No. of Displaced Households (DH) 24 112 100 No of Economically displaced HH less than 10 47 41.7 10% of productive assets Kiosks 14 65 58.3 Total No. of Vulnerable Households 24 112 100 BPL 1 2 4.2 Disable Headed 1 5 4.2 Non-Titled HH 22 105 91.6 Source: Primary Survey, 2018

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C. Inventory of Losses

1. Impact on Land

19. There is no land acquisition in the said road project. The Row is 15 – 24 and is verified by EA.

2. Impact on Structures

20. The project road impacts a total of 24 DHs for which front shed and Kiosk are affected. All these impacted structures are for commercial purpose (refer Table 3). All these affected structures are owned by non-titled DHs only. Details of NTH HH is appended in Appendix 4

Table No. 3: Number of Affected Structures and Displaced Households

Structure DH Category of structure No. % No. % Commercial 24 100 24 100 Total 24 100 24 100 Source: Primary Survey, 2018

21. Table 4 provides an overview of the types of construction of the affected structures. 4 (16.7 %) of the affected structures are made of Kuccha construction materials, 20 (83.3%) structures are Semi Pucca. The majority of commercial are semi pucca structures.

Table No. 4: Type of Construction of Affected Structures Total Type Kuccha Semi Pucca Structures Category No. % No. % No. % Commercial 04 100 20 100 24 100 Total 04 100 20 100 24 100 Source: Primary Survey, 2018

22. From all the impacted structures (24), 14 structures are being fully affected; for which they will self-relocate. They will be relocated on the other side of the road within the ROW. The other 10 structures are losing only the frontal sheds. The usage of affected structures the magnitude of impacts is presented in the Table 5

Table No. 5: Magnitude of Impact and Relocation Requirement

Number of Number of Type of Percentage of Usage of Structures Structures DH Impacts Impact Kiosk 14 14 Fully 100 Projected shed 10 10 Partial 5-10 Total 24 24 Source: Primary Survey, 2018. 21

3. Impacts on Livelihood

23. As per findings of census survey 14 (Kiosks) household are losing their livelihood due to the project. Kiosks will shift back on site; hence, livelihood will not be permanently lost and will be re – established

4. Impact on Crops and Trees

24. During field verification no trees on private land was found to be impacted.

5. Impact on Community Property Resources (CPR)

25. A total of 2 common property resources (CPRs), either owned by government or any other institution and communities are affected (refer Table 6) under the project. Among these, 1 is government structures and 1 is temple. These CPRs will be restored or relocated among others. Detailed discussions were held with the concerned communities and panchayat representatives on relocation and rehabilitation of these assets. A list of CPRs is appended as Appendix 5.

Table 6: Affected Common Property Resources

Type of Structure Total Number A: Government Institutional Building & Assets Gaon Kaman 01 Sub-total 01 B: Community Assets and Property Temple 01 Sub-Total 01 Grand Total 02 Source: Primary Survey, 2018

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III. SOCIO-ECONOMIC INFORMATION AND PROFILE

A. Project Area Profile

26. The project area falls under Solapur district of Maharashtra state. Table 7 below presents the key socio-demographic data of the State.

Table No. 7: Key socio-demographic data of the state and the Project district

Decadal Growth Rate Sex Ratio Density/km2 Population District 2011

2001 2011 2001 2011 2001 2011

Solapur 43,17,756 19.14% 12.16% 935 938 258 290 Maharashtra 11,23,74,333 22.57% 15.99% 922 929 315 365 State Source: Census of India, 2011

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

28. According to the census of 2011, the population of Maharashtra State was 11, 23, and 74,333. Male to female ratio in the state is 929 females per 1000 males, while in 2001 it was 922 females per 1000 males. As discussed in Table 7 the decadal growth rate as on 2011, is 15.99 % and density per square kilometer is 365 people.

29. The district lies between 17°21′N 75°10′E / 17.35°N 75.16°E - 18°19′N 76°09′E / 18.32°N 76.15°E. The city of Solapur is the district headquarters. It falls under Survey of India topo sheets 47N, 47 J, 47D, 47K. And 56K. About 32% of the population lives in urban areas. The economy of the district is dependent on agriculture, especially in rural areas. Means of transport is both railways and ST Buses by road, important railway stations are-Solapur, Mohol, Kurduwadi, Madha, Akkalkot Road; Local movement is facilitated by SMT (Solapur Municipal Transportation). Solapur is well connected by road with major cities of Maharashtra as well as the adjoining State Capital of Hyderabad and important cities of Karnataka State. There are also numerous state and country routes passing through Solapur.

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B. Demography of Displaced Persons (DPs)

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

31. As per survey, the number of total displaced households and persons are 24 and 112 respectively, with 65 males and 47 females, as shown in Table 8; the average family size is 4.48.

Table No. 8: Details Displaced Population Category Number Displaced Households 24 Displaced Persons 112 Male DPs 65 Female DPs 47 Source: Primary Survey, 2018

32. As per the project census survey, the religious status of the displaced households shows that 87.5% DH belong to Hindu religion and 12.5 % belongs to Muslim religion.

Table No. 9: Religious Groups Religion Total No. of DH Percentage (%) Hindu 21 87.5 Muslim 3 12.5 Total 24 100 Source: Primary Survey, 2018

33. As detailed in Table 10, 8.3% of the DH lives in joint families and remaining 91.7% of the displaced households are nuclear families; none of the households comprise large extended families3.

Table No. 10: Family Status and Size of Displaced Households Type of Family No. Percentage% Joint 2 8.3 Nuclear 22 91.7 Total 24 100 Source: Primary Survey, 2018

C. Social Structure among Displaced Persons (DPs)

3 An extended family can be defined as an egocentric network of relatives that extends beyond the domestic group. In Indian context, an extended family commonly consists of a husband and wife, their children, and other members of the husband's family. 24

34. There are 3 Other Backward Class (OBC) families in this package. The remaining 21 families are from the general category as presented in the Table 11.

Table No. 11: Social Categories Category Number of DH Percentage (%) OBC 3 12.5 General 21 87.5 Total 24 100 Source: Primary Survey, 2018

D. Vulnerability

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

• The poor: DH with incomes below the poverty line 4(BPL) • Members of tribal groups or Scheduled Tribes5 (ST) • Members of Scheduled Castes (SC)6 • Female-headed households (FHH) • The elderly • Disabled persons • Non-Titled HH

36. All the vulnerable groups indicated above were identified in the project area during the course of the census survey. 24 of the 24 total displaced households were identified as vulnerable. All non-titled HH falls under the one or the other category of vulnerability. 1 DH is BPL and one of the family is headed by Disable person and 22 is NTH only which is not falling under any other category.

Table No. 12: Vulnerable Displaced Households Vulnerable Groups Number Non-Titled HH 22 BPL 1 Disabled person 1 Total 24 Source: Primary Survey, 2018

4The official threshold at ₹ 33 a day in rural areas and about ₹ 47 per day in urban areas in terms of consumption and spending on per individual over a certain period for a basket of essential goods 5 Schedule Tribes’ (ST) are one of the weaker sections of the Indian population. Article 342 of Constitution of India on Fundamental rights defines STs as a ‘specific tribe or tribal communities or parts or groups within tribes or tribal communities. The Constitution also enshrines their rights considering their vulnerable status in society. 6 ‘Scheduled Castes’ (SC) are defined as the lowest castes in the Hindu caste system. 25

E. Income

37. Table 13 indicates that only 1 DHs (4.17%) comprise low-income households with annual incomes below Rs. 27,000. In addition,

• 83.33 percent of the displaced households belong to the lower middle-income group, with an annual income between Rs. 27,001 to Rs. 45,000 • 12.5 percent of the households fall within the middle-income category of Rs. 45,001 to Rs. 65,000 per annum.

Table No. 13: Income level of the Displaced Households DH Annual Income (Rs.) No. % <27,000 01 4.17 27,001 - 45,000 20 83.33 45,001 - 65,000 03 12.50 Total 24 100 Source: Primary Survey, 2018

F. Primary Income Earners and Sources of Income

38. Among the total 24 displaced households, men are the only primary income earners. (see Table 14).

Table No. 14: Primary Income Earner of the Displaced Households DH Primary Income Earner No. % Male 24 100 Total 24 100 Source: Primary Survey, 2018

G. Occupational structure

39. Among 24 DHs, business is the only primary source of income.

Table No. 15: Occupation of the Displaced Households No. of Percentage Source of Income DH % Trade/ Business 24 100 Total 24 100 Source: Primary Survey, 2018

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H. Educational Status

40. The illiterate population accounts for 9.52% of the DPs, 9.52% are just literate and primary level educational attainment has been achieved by 25.72 % of the DPs. Those with middle school education account for 19.05% and those with education up to secondary level account for 18.1 %of the total DPs. The Intermediate are up to 13.33% and Graduate people account for 4.76%. Table 16 provides a gender segregated breakdown of the educational status of the displaced persons in the project. 7 nos. of the affected population are minor (0-6 yrs.)

Table No. 16: Educational Status of the Displaced Persons Status Male % Female % Total % Illiterate 4 6.67 6 13.33 10 9.52 Just Literate 5 8.33 5 11.11 10 9.52 Primary 16 26.67 11 24.45 27 25.72 Middle 10 16.67 10 22.22 20 19.05 Secondary 11 18.33 8 17.78 19 18.1 Intermediate 9 15.00 5 11.11 14 13.33 Graduate 5 8.33 0 5 4.76 Total 60 100 45 100 105 100 Source: Primary Survey, 2019

I. Impact on Gender

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

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

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IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Identification of Stakeholders

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

B. Methods of Public Consultation

44. During the course of the social assessment, consultation meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. Consultations and discussions were held along the project with the displaced households and other stakeholders including village head men, gram panchayat members, head of households, women’s groups, shopkeepers, tenants etc. These meetings were used to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions), are detailed below in Table 17.

Table No. 17: Consultation Methods adopted in Project Stakeholders Method

Local communities Individual Interviews, field level observations, community consultations & meetings Individual Household Interview of 100% Survey of the total displaced Displaced Households households Village Headmen & Gram Panchayat Small discussions members (local elected representatives) Women’s belonging to various socio- Focus Group Discussions (FGDs) economic groups Affected Shopkeepers, tenants and Focus Group Discussions (FGDs) squatters Other vulnerable groups (ST and FGDs those BPL) Government Stakeholders (BDO, Semi-structured interviews CMOs, ANMs, Teachers etc.)

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C. Findings of the Public Consultations

45. Public consultations were conducted at 5 location attended by total 67 person (64 Male & 3 Female) in the project to ensure people’s participation during the project census survey. Table 18 below enumerates the location, number profile and key issues discussed in these consultations. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through public consultation. The Consultation sheets are appended as Appendix 6.

Table No. 18: Summary of Community Consultations Village Number & Issues Steps taken to Profile Discussed & address of Concerns the concerns Participants Raised Saundare 14(M) When the The work will be Construction of started in 6 to 7 Road will start? months.

Pangaon 14(M) How much time As they were on 3 (F) they will get to PWD’s property and remove the front agreed to remove projection? their front projection on their own expenses. The time given to them would be around 90 days Manegaon 11(M) Whether the Side drains would be provision of drain provided in is there or not? resettlement area.

Improvement of Will be done in Sharp turn Geometric design.

Vairag 13(M) Need proper bus All the provisions stops, sign would be done boards and speed breakers, Zebra Crossing and Rickshaw stand wherever needed. The condition of Construction will be the road is very of best quality poor, need quality improvement. 29

Nannaj 12(M) Whether they will It will be given receive any kind according to the of assistance entitlement matrix amount? Is there in To avoid resettlement and Resettlement and relocation? relocation the road alignment will be shifted wherever ROW is available.

Along the Ladies How far is Bus Stop and shed project Consultation school/college? required for children road to travel for school/ college. Where do they Bathrooms are go for bathroom? already constructed outside their house

Is the area Safe Provision of lights on at night? the road.

Is there any need Yes, as it is drought of employment? prone area so the people in the village were interested in working under the contractor for road construction.

Saundare (18/01/2019)

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Vairag (18/01/2019) Vairag (07/06/2019)

Shelgaon R. (07/06/2019) Nannaj (07/06/2019)

Figure No.2: Public Consultation Photos

D. Mechanism of Disclosure

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

E. Consultation Plan for resettlement plan Implementation Period

47. The effectiveness of the resettlement and rehabilitation program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with DPs form part of the project implementation. A local NGO/ resettlement and rehabilitation Implementation agency entrusted with the task of conducting these consultations during resettlement plan implementation, which involve agreements on compensation, assistance options, and entitlement package. The consultation shall continue throughout the project 31

implementation. The following set of activities shall be undertaken for effective implementation of the Plan:

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

F. Consultation Outcomes Incorporated in resettlement plan

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

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V.LEGAL FRAMEWORK

A. Country Legal and Regulatory System

49. The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues of resettlement and rehabilitation of the DPs under the Maharashtra State Road Sector Project. The acquisition of land shall be done as per the provision of RFCTLARRA 2013.

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

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

1. There are three schedules incorporated in the act, Schedule I deals with compensation, schedule II with resettlement and rehabilitation and Schedule III with Civic amenities to be provided in the resettlement colony. 2. Preparation of Social Impact Assessment study including assessment of public purpose through a process of public consultation and disclosure for land acquisition proposals covered under the Act. 3. Transparent procedures to be followed in the acquisition of land from preliminary notification to award and possession and preparation and implementation of rehabilitation and resettlement schemes for those displaced by acquisition of land for public purpose. 33

4. Land Acquisition in Schedule Area as per the RFCTLARRA 2013, a separate Development Plan shall be formulated as per Section 41. The Development Plan will cover: a. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force, provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. Documentation of this has to be provided. b. The report has to provide the details of procedure for settling land rights dues. c. Details of how to restore titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land. d. Details of programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. e. The Plan has to ensure that the affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. f. The Plan has to state and ensure that the resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. g. Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. h. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects.

5. There is a separate law for settlement of forest dwellers under Forest Right Act 2006. Under the provision the settlement of dwellers belonging to ST/SC living in the forest area must be settled before any forest land diversion. 6. Under Panchayat (Extension to Schedule Areas) Act 1996 provides special provision for land being alienated by the Tribal. The provisions of this act have been incorporated in RFCTLARRA 2013 s.41. 7. Procedure and methodology for determination of market value for compensation to be provided to legal title holders. 8. Infrastructural facilities to be provided in resettlement areas and special provision for Scheduled Castes and Tribes. 34

9. Institutional mechanism for implementing the provision of the Act, monitoring of resettlement and rehabilitation and grievance redressal. 10. Procedure for payment of compensation. 11. Temporary possession of land. 12. The owners of land and structures (including those having certain legal rights) proposed to be acquired and, in urban areas, those who are staying on or whose livelihood is dependent on such land for a period of 3 years prior to acquisition of land are entitled for certain compensation and benefits under the Act. 13. For legal title holders in urban areas, the compensation for land is equivalent to market value of land, value of assets attached to the land or buildings and 100%solatium on value of land. 14. For houses lost as a result of acquisition of land in urban areas, a constructed house of not less than 50 sq. m. plinth area (if required in multi-storied building) is to be provided for a family. Alternatively, if so desired by the PAP, a one-time financial assistance of not less than Rs. 1.5 Lakhs is to be given for construction of a house. However, the location of house in terms of the distance from lost house is not prescribed. 15. In addition, the displaced family is to be provided (i) training and skill development for job to one family member in the project or one-time payment of Rs. 5 Lakhs or annuity policies that pay Rs. 2,000 per month per family for 20years indexed to CPI (ii) monthly subsistence allowance of Rs. 3,000 per month for a period of one year (iii) one-time financial assistance of Rs. 50,000 towards transportation cost for shifting (iv) one-time resettlement allowance of Rs.50,000. 16. Each petty shop owner / small trader / self-employed person and family owning non- agricultural land, or commercial, industrial or institutional structure is to be provided one-time financial assistance of minimum Rs. 25,000 for construction of shop. 17. The stamp duty and registration charges for the land and house to be provided to the PAPs shall be borne by the acquiring body. It may be seen that while elaborate provisions for compensation and resettlement and rehabilitation benefits are made for those displaced due to the acquisition of land for the project, the Act does not prescribe any benefits for occupants of structures located on public (Government) land and affected by the project. Further, the Act does not envisage any resettlement benefit for occupants/ owners of structures used for other than residential purposes and affected by the project. The Central Board of Direct Taxes vide Order dated 25/10/2016 has clarified that the compensation received in respect of award or agreement, which has been exempted from levy of income tax vide Section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961.

B. ADB Safeguard Policy Statement (SPS), 2009

52. The objectives of ADB's SPS (2009) with regard to involuntary resettlement are: a. To avoid involuntary resettlement wherever possible; b. To minimize involuntary resettlement by exploring project and design alternatives; c. To enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and 35

d. To improve the standards of living of the displaced poor and other vulnerable groups.

53. ADB's SPS (2009) covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of; involuntary acquisition of land, or Involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary.

54. The three important elements of ADB’s SPS (2009) are:

e. Compensation at replacement cost for lost assets, livelihood, and income prior to displacement; f. Assistance for relocation, including provision of relocation sites with appropriate facilities and services; and g. Assistance for rehabilitation to enhance, or at least restore, the livelihoods of all displaced persons relative to pre-project levels and to improve the standard of living of displaced poor and other vulnerable groups.

C. Maharashtra Direct Purchase Policy

55. The land will be acquired under Maharashtra Direct Purchase Policy 2016 in this project. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12th May 2015, Revenue & Forest Department, Govt. of Maharashtra. Generally, for a different project, the private land required, is acquired as per the prevailing Land Acquisition Act by concerned Land Acquiring Institution. However, if the land required by Land Acquiring Institution is acquired by direct purchase method instead of acquiring as per Land Acquisition Act which is not prohibited through direct purchase method it shall be done considering following directive principles:

a) Directive Principle – Land required for new projects other than irrigation project. While acquiring land through direct purchase method, land shall be acquired for the entire project. b) District level committee for deciding compensation – A committee shall be constituted under the Chairmanship of Collector to decide the rate of land being acquired through direct purchase method. The committee shall comprise the following:

1. District Collector – Chairman 2. Superintending Engineer Irrigation – Member 3. Superintending Engineer PWD – Member 4. District Government Pleader – Member 5. Assistant Director of Town Planning – Member 6. Competent Authority of acquiring body – Member 7. Concerned Deputy Collector (Land Acquisition) – Member 56. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 30th Sept. 2015, Revenue & Forest Department, Govt. of Maharashtra. The Govt. Decision No. SANKIRNA- 03/2015/Para. Kra. 34/A-2 dated 12 May 2015 was amended on 30th September 2015 in view of difficulties faced in processing the land acquisition of private land for irrigation and other projects. 36

a) Directive Principles: Sr. No. 2 was amended “which are related to irrigation projects covering both new projects as well as incomplete projects”.

b) District level committee for deciding compensation: In Sr. No. (i) for invitee member – Districts where Superintending Engineer Post of Irrigation/ PWD Dept. is not available, the concerned Chief Engineer shall authorize the Superintending Engineer of adjacent district. In Sr. No. (ii) “Advocates on a panel of Acquiring Institution” has been added after through Govt. Pleader.

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

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

• To Identify the land required • Submit the proposal to the collector office as per Performa “C”, Publish the notice in at least two most selling local language newspaper in the district • To take permission letter/ NOC from the landowner • The consent is obtained from the owner • Authorized Office of the PWD department will Demarcate the Land to be acquired • Preparation of Legal Search Report • Valuation of the private land based on the previous 3 years records • To appoint the district level committee for compensation of land • Execution of Sale deed based on the legal search report • If the land falls in schedule area, then land has to be acquired under the provision of RFCTLARRA 2013. • In case of failure of direct purchase Policy, the land shall be acquired as per the provision of RFCTLARRA-2013.

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

58. A detailed policy comparison between ADB’s Safeguard Policy Statement, 2009, and RFCTLARRA, 2013, identified gaps and gap filling measures in the RF are given in following Table 19.

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Table No. 19: Detailed Policy Comparison Fair Compensation and Involuntary Transparency in Land ADB Safeguard Sl. Resettlement Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) 1 Screen project Screen the project to Section 4 (I) it is No gap in conduct of identify past, present obligatory for the social impact analysis and future involuntary appropriate Government between RFCTLARR resettlement impacts that intend to acquire land and SPS and risks. for a public purpose to Conduct survey carry out a Social Impact Gap in screening past, and/or census of Assessment study in present and future displaced persons, consultation with involuntary including a gender concerned Panchayat, resettlement impacts analysis, specifically Municipality or Municipal and risks The Project Related to Corporation, as the case will undertake resettlement maybe, at village level or screening of all ward level in the affected projects using the ADB area. The Social Impact involuntary Assessment study report resettlement checklist, shall Be made available to to identify past, present the public in the manner and future involuntary prescribed under section resettlement impacts 6. and risks.

2 Consult Carryout Whenever a Social Impact Gap in continuous stakeholders consultations with Assessment is required to meaningful and establish displaced persons, be prepared under section consultation grievance host communities 4, the appropriate The project will ensure redress and concerned Government shall ensure meaningful mechanism NGOs. Informally that a public hearing is consultation displaced persons of held at the affected area, throughout the project their entitlements and after giving adequate cycle. resettlement options publicity about the date, time and venue for the Gap in establishing a public hearing, to project-level GRM for ascertain the views of the projects that do not affected families to be have significant recorded and included in resettlement impacts. the Social Impact Assessment Report. The The Project will Land Acquisition establish project-level Rehabilitation and GRM. Resettlement Authority shall be established in each State by the concerned State Government to hear disputes arising out of projects where land acquisition has been initiated by the State 38

Fair Compensation and Involuntary Transparency in Land ADB Safeguard Sl. Resettlement Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) Government or its agencies. 3 Improve or at Improve or restore The Deputy No gap between SPS least restore, the livelihoods of all Commissioner (DC) and RFCTLARR. the livelihoods displaced persons having determined the Assets to be of all displaced, through:(i) land- market value of the land compensated at and payment at based resettlement to be acquired shall replacement cost replacement strategies; (ii) prompt calculate the total amount without depreciation cost replacement of of compensation to be assets with access to paid to the landowner assets of equal or (whose land has been higher value,(iii) acquired) by including all prompt compensation assets attached to the at full replacement land. cost for assets that cannot be restored, and(iv) additional revenues and services through benefit sharing schemes where possible. 4 Assistance for Provide physically Schedule I, provides No gap between SPS displaced and economically market value of the land and RFCTLARR. persons displaced persons and value of the assets Entitlement Matrix with needed attached to land. outlines compensation assistance Schedule II provides and assistance for resettlement and APs. rehabilitation package for landowners and for livelihood losers including landless and special provisions for Scheduled Tribes. 5 Improve Improve the Special provisions are No gap between SPS standard of standards of living of provided for vulnerable and RFCTLARR. living of the displaced poor groups. Entitlement Matrix displaced and other vulnerable outlines assistance for vulnerable groups, especially vulnerable groups, as groups those below the defined by ADB policy. poverty line, the landless, the elderly, women, children, indigenous peoples, and those without title to land, to at least national minimum standards 6 Negotiated Develop procedures Section 46 of RFCTLARR To ensure a fair and settlement in a transparent, Act, 2013 permits direct transparent process, a 39

Fair Compensation and Involuntary Transparency in Land ADB Safeguard Sl. Resettlement Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) consistent, and purchase of land and third-party independent equitable manner if undertaking direct monitor will be hired to land acquisition is negotiation with the certify the process the through negotiated landowner. negotiated purchase settlement to ensure was undertaken in a that those people who transparent, consistent enter into negotiated and equitable manner. settlements will maintain the same or better income and livelihoods status 7 Compensation Ensure that displaced Schedule II provides Gap between SPS and for nontitle persons without titles benefits to families whose RFCTLARR. holders to land or any livelihood is primarily The Project recognizable legal dependent on land Entitlement Matrix rights to land are acquired outlines compensation eligible for and assistance for resettlement nontitle holders, assistance and including squatters, compensation for loss encroachers and of non-land assets. In sharecroppers. the rural area, provide them with access to resources. In the urban area, provide them with access to housing. 8 Prepare Prepare a Preparation of No gap between SPS resettlement resettlement Rehabilitation and and RFCTLARR. plan plan/indigenous Resettlement Scheme resettlement plan will peoples plan on including timeline for be prepared for displaced persons’ implementation. Section: projects with impact. entitlements, the 16. (1) and (2). Separate income and livelihood development plans to be restoration strategy, prepared. Section 41 institutional arrangements, monitoring and reporting framework, budget, and time- bound implementation schedule. 9 Disclose Disclose a draft Under clause 18, the No gap between SPS resettlement resettlement plan, Commissioner shall and RFCTLARR. The plan including cause the approved RF and resettlement documentation of the Rehabilitation and plans will be disclosed consultation Resettlement Scheme to to affected persons. processing a timely be made available in the manner, before local language to the 40

Fair Compensation and Involuntary Transparency in Land ADB Safeguard Sl. Resettlement Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) project appraisal, in Panchayat, Municipality an accessible place or Municipal Corporation. and a form and As the case maybe, and language(s) the offices of the District understandable to Commissioner (DC) the displaced persons Sub-Divisional Magistrate and other and the Taluka, and shall stakeholders. be published in the Disclose the final affected areas, in such resettlement plan and manner as maybe its updates to prescribed and uploaded displaced persons on the website of the and other appropriate Government. stakeholders 10 Cost of Include the full costs Section 16. (I) Upon the No gap between SPS resettlement of measures publication of the and RFCTLARR. proposed in the preliminary Cost of resettlement resettlement plan and Notification under sub- will be covered by the indigenous peoples section(/) of section II by EA. plan as part of the Collector, the project’s costs and Administrator for benefits. For a project Rehabilitation and with significant Resettlement shall involuntary conduct a survey and resettlement impacts, undertake a census of the consider affected families, in such implementing the manner and within such involuntary time as may be resettlement Prescribed, which shall component of the include:(a) particulars of project as a stand- lands and immovable alone operation. properties being acquired of each affected family;(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;(d) details of the amenities and infrastructural facilities which are affected or likely to be affected, 41

Fair Compensation and Involuntary Transparency in Land ADB Safeguard Sl. Resettlement Acquisition, Measures to Bridge Policy Statement No. Policy Rehabilitation and Gaps (SPS) Principle Resettlement Act, 2013 (RTFCLARR) where resettlement of affected families is involved; and(e) details of any common property 11 Taking over Pay compensation 38 (I) The Collector shall No gap between SPS possession and provide other take possession of Land and RFCTLARR. before payment resettlement after ensuring that full of entitlements before payment of compensation compensation physical or economic as well as rehabilitation displacement. and resettlement Implement the entitlements are paid or resettlement plan tendered to the entitled under close persons within a period of supervision three months for the throughout project compensation and a implementation. period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under section 30. 12 Monitoring Monitor and assess 48 (I)The Central RFCTLARR does not resettlement Government may, specify the frequency outcomes, their whenever necessary for of monitoring. The impacts on the national or inter-State Project will prepare standards of living of projects, constitute a monitoring reports displaced persons, National Monitoring semi-annually as per and whether the Committee for reviewing SPS. objectives of the and monitoring the resettlement plan implementation of have been achieved rehabilitation and by considering the resettlement schemes or baseline conditions plans under this Act. and the results of resettlement monitoring. Disclose monitoring reports.

E. IR Policy Adopted for the Project

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

42

A. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Measures to avoid and minimize involuntary resettlement impacts include the following: (i) explore alternative alignments or locations which are less impacting, (ii) ensure the appropriate technology is used to reduce land requirements, (iii) modify the designs, cross sections, and geometrics of components to maximize the ROW and ensure involuntary resettlement is avoided or minimized. B. Carry out meaningful consultations with displaced persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the concerns of displaced persons. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. C. Improve, or at least restore, the livelihoods of all displaced persons through; (i) land- based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement cost for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. D. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. E. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. F. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement7to ensure that those people who enter

7 ADB SPS 2009 (Safeguards Requirements 2) does not apply to negotiated settlements. The policy encourages acquisition of land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with displaced persons, including those without title to assets. A negotiated settlement will offer adequate and fair price for land and/or other assets. Also, an independent external party will be engaged to document the negotiation and settlement processes. In cases where the failure of negotiations would result in expropriation through eminent domain or the buyer could acquire the property regardless of its owner’s decision to sell it or not, will trigger ADB’s involuntary resettlement policy. The Safeguard Requirements 2 will apply in such cases, including preparing a resettlement plan 43

into negotiated settlements will maintain the same or better income and livelihood status. G. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non- land assets. H. Prepare a resettlement plan elaborating on the entitlements of displaced persons, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. This resettlement plan will be approved by ADB prior to contract award. I. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders. J. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. K. Payment of compensation and resettlement assistance as per RFCTLARRA-2013 (as adopted by Maharashtra Govt.)/Direct Purchase Policy of Maharashtra-2016 and following the entitlement matrix included in the resettlement plan. L. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. M. Monitor and assess resettlement outcomes, their impacts on the standard of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

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VI. ELIGIBILITY AND ENTITLEMENTS

A. Eligibility under the Project

60. The eligibility of compensation, all the DPs will be provided with compensation and rehabilitation if (i) their land is lost/reduced (ii) income source adversely affected permanently or temporarily, (iii) houses partially or fully demolished, and (iv) other properties such as crops, trees and other assets or access to these properties are reduced or damaged due to the project. Absence of legal documents of their costmary rights of occupancy/titles shall not affect their eligibility for compensation. It also must be noted that during the project implementation stage, if there are any change in the alignments, thereby adversely affecting the land, livelihood or other assets of the people, the same shall be compensated in accordance with the resettlement plan.

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

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

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

I. Compensation for the loss of land as per Maharashtra Direct Purchase Policy 2016, and compensation of crops/ trees at their replacement cost; II. Compensation for structures (residential/ commercial/ residential cum commercial) and other immovable assets at their replacement cost; III. Assistance in place of the loss of business/ wage income and income restoration assistance; IV. Assistance for shifting and provision for the relocation site (if required), and V. Additional assistance to vulnerable groups, namely female-headed households, scheduled castes (SC), scheduled tribes (ST), those below the poverty line, elderly, landless and disabled. VI. One-time Resettlement Allowance VII. Rebuilding or restoration of community resources and facilities 45

B. Entitlement Matrix

64. The broad entitlement of compensation and assistance will include compensation for loss of agricultural land, compensation for loss of crops and trees, assistance for loss of income and additional assistance to vulnerable groups. Income losses will be compensated, and no structure and property will be demolished or acquired for any Project related construction activity, until compensation and resettlement and rehabilitation assistance is made available to the displaced households in accordance with this policy. The payment of compensation and assistance will be based on National and ADB’s policies and the provisions of the ADB’ SPS, 2009 will prevail in case of any discrepancy. The Entitlement matrix has been prepared as per the project requirement. The detailed entitlement matrix is given in Table 20 below

Table No. 20 Entitlement Matrix

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

Land

1-a Loss of Agricultu Legal • Compensation for land • Compensatio District private ral land, titleholders/ as per Maharashtra n accounts for Collector/ land homeste Family Direct Purchase Policy all taxes and shall ad land with 2016. Wherever policy fees shall be determine the or vacant traditional will not be applicable8 borne by market value plot titleholder then compensation of project and of the land s land as per LARR 2013 does not and multiply Which shall not below account for by the factors replacement cost. any and add 100% • Each affected family shall depreciation. solatium as be eligible for one-time • Re-titling to specified in assistance of 25% of be completed LARR Act. Compensation As per prior to MPWD will Maharashtra direct project ensure purchase policy 2016 completion provision of • Subsistence allowance of notice. MPWD Rs. 36000 to each will verify the displaced family. extent of Additional Rs. 50000 to impacts SC and ST households in through a case of displacement 100% survey from Schedule Area of DPs, determine assistance, and identify vulnerable households.

1-b Loss of Agricultu Tenants and • Compensation for rental • Land/ MPWD will

8 The Maharashtra Direct Purchase Policy will not be applicable in case of: (a) for land acquisition in schedule area, (b) Consent not obtained and (c) Acquisition of land with unclear/disputed title. 46

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

private ral land, leaseholders deposit or unexpired lease structure confirm land land homeste (whether (such amount will be owners will rental and ad land having written deducted from the reimburse ensure tenants or vacant tenancy/lease compensation of tenants and and plot documents or landowners). leaseholders leaseholders not / rental receive Sharecropper deposit or reimbursemen s unexpired t for land rental lease. deposit or unexpired lease, and report to MPWD. MPWD will ensure provision of notice.

2-a Loss of Vacant Leaseholders • Compensation for land as • Compensatio MPWD will Governm plot, given Rights per Maharashtra Direct n accounts ensure ent land Agricultu over the land Purchase Policy 2016. for all taxes provision ral land, Compensation for rental and fees and of notice homeste deposit or unexpired lease does not and ad land (such amount will be account for identify deducted from the any vulnerable compensation of the depreciation. household lessee). • Re-titling to s. be completed prior to project completion

2-b Loss of Agricultu Non-Title • At least 60 days’ notice to • Identification MPWD will Governm ral land Holders/ shift from occupied land. of NTH ensure ent land within Squatters, • Notice to harvest seasonal through provision of RoW of Encroachers crops Project notice. road • Compensation for damage Census MPWD will to standing crops. Survey identify vulnerable households.

Residential Structures

3-a Loss of Residenti Legal • Each affected family shall • Compensatio District residentia al titleholders be eligible for n accounts Collector shall l structure structure Family with Replacement cost of the for all taxes determine the and other traditional structure and other assets and fees and market value assets land right (or part of the structure does not of the structure and other assets, if account for and add 100% remainder is viable without any solatium as depreciation) depreciation. specified in • Fees, taxes, and other • Assessment LARR Act. 47

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

charges related to of viability of MPWD will replacement structure. remaining verify the • Right to salvage materials structure will extent of from structure and other be made in impacts assets with no deductions consultation through a from replacement value. with DPs 100% survey • Each displaced family shall of DHs get subsistence grant of determine Rs. 36,000 @ Rs. 3,000 assistance, per month for 12 month verify and and additional 50000 to SC identify and ST in case of vulnerable Schedule Area as defined households. in RFCTLARRA-2013 • Each displaced family9 shall get one-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • All displaced families will receive one-time shifting assistance at following rate @ Rs.10000

3-b Loss of Residenti Tenants and • Each (Owner) affected • Land/ MPWD will residentia al leaseholders family shall be eligible for structure verify the l structure structure Replacement cost of the owners will extent of and other structure and other assets reimburse impacts assets (or part of the structure and tenants and through 100% other assets, if remainder leaseholders surveys of is viable without rental deposit DHs depreciation) or unexpired determine • Fees, taxes, and other lease. assistance, charges related to verify and replacement structure. identify • Right to salvage materials vulnerable from structure and other households. assets with no deductions from replacement value. • Each Tenant displaced family shall get one-Time resettlement allowance of Rs.50000 • One-time financial

9 Displaced family for eligibility under this entitlement matrix means the family losing more than 10% of main structures affected by this Project. 48

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

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

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

4-a Loss of Commer Legal • Each affected family • Compensat MPWD will commerci cial titleholders shall be eligible for ion verify the al structure Replacement cost of the accounts extent of structure and other Family with structure and other for all taxes impacts assets traditional assets (or part of the and fees through a land right structure and other and does 100% survey assets, if remainder is not account of DHs viable without for any determine depreciation) depreciatio assistance, • Fees, taxes, and other n. verify and charges related to • Cattle identify replacement structure. sheds, vulnerable • Right to salvage petty households. 49

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

materials from structure shops, and other assets with no small deductions from traders and replacement value. artisans • Each displaced family shall be shall get one-Time identified resettlement allowance during of Rs.50000 census. • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction • One-time financial assistance of Rs. 25,000 to affected traders and small artisans • All displaced families will receive one-time shifting assistance at following rate @ Rs.10000

4-b Loss of Commer Tenants and • Each (Owner) affected • Land/ MPWD will commerci cial leaseholders family shall be eligible structure verify the al structure for Replacement cost of owners will extent of structure and the structure and other reimburse impacts other assets (or part of the tenants and through a assets structure and other leaseholders 100% survey assets, if remainder is land rental of DHs viable without deposit or determine depreciation) unexpired assistance, • Fees, taxes, and other lease. verify and charges related to identify replacement structure. • Cattle sheds, vulnerable • Right to salvage petty shops, households. materials from structure small traders and other assets with no and artisans deductions from shall be replacement value. identified • Each Tenant displaced during family shall get census. • One-Time resettlement allowance of Rs.50000 • One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for 50

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

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

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

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

4-e Loss of Projectio Structures • One-time repair grants • One-time MPWD will commerci n with GCI @20000. repair verify the al/Reside frontage sheets allowance for Kiosks through ntial projections of 100% surveys structure commercial or of DHs residential structures constructed by GCI sheets

Livelihood 51

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

5 Loss of Livelihoo Legal • Skill up-gradation training • Small MPWD will livelihood d titleholder for one member of the traders, shops verify the losing affected family as and family extent of business/ recommended by district losing impacts commercial administration as per livelihood shall through a establishment prevailing government be identified 100% survey program subject to during the of DHs Family with maximum of Rs. 25,000. census. determine traditional assistance, land right • Support to access verify and government income identify Commercial generating and vulnerable tenant development programs. households.

Commercial For leaseholder Agricultural laborer (long Employee in timer) only commercial those who are establishment in fulltime / permanent Sharecropper employment of the landowner Agricultural will be eligible laborer (long for this term) assistance. Seasonal Artisans agricultural laborer’s will Self-employed not be entitled for this Squatters assistance.

Trees and Crops

6 Loss of Standing Legal • 60 days advance notice • Harvesting MPWD will trees and trees and titleholder to harvest crops, fruits, prior to ensure crops crops and timbers. acquisition will provision of Family with • Compensation for be notice. traditional standing crops in case of accommodate Valuation land right such loss, based on an d to the extent Committee will annual crop cycle at possible undertake Agricultural market value • Work valuation of schedules will tenant/ • Compensation for trees standing avoid harvest leaseholder based on timber value at crops, season. market price, and perennial • Seasonal Sharecropper compensation for crops and crops will be s perennial crops and fruit trees, and given at least finalize trees at annual net 60-day notice. compensation product market value If notice cannot rates in multiplied by remaining be given, productive years; to be 52

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

determined in compensation consultation consultation with the for standing with DPs. Forest Department for crops will be timber trees and the compensated Horticulture Department at market for other trees/crops. value. • Market value of trees/crops has to be determined.

Vulnerable

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

Suitable trainers or local resources will be identified by MPWD and 53

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

NGO in consultation with local training institutes.

Temporary Loss

8 Temporar Land Legal • Any land required by the • Assessment MPWD will y loss of temporar titleholders Project on a temporary of impacts if ensure land ily basis will be any on compensation required Family with compensated in structures, is paid prior to for sub- traditional consultation with the assets, crops site being project land right landholders. and trees taken over by construct • Rent at market value for due to contractor. ion the period of occupation temporary Contractor will • Compensation for occupation. be responsible assets at replacement for site cost • Site restoration. • Restoration of land to restoration. previous or better quality. • Location of construction camps will be fixed by contractors in consultation with Government and local community.

9 Temporar Legal • Identification of • Contractors MPWD& y titleholders, alternative temporary will perform Contractor disruption non-titled DPs sites to continue actions to of economic activity. minimize livelihood • 60 days advance notice income/ regarding construction access loss. activities, including duration and type of disruption. • Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss consistent with the EMP. • Assistance to mobile vendors/hawkers to temporarily shift for 54

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

continued economic activity

Common Resources

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

Other

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

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VII. INSTITUTIONAL ARRANGEMENTS

A. Institutional Requirement

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

B. Executing Agency

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

C. Project Management Unit

67. ADB-PMU will do the overall coordination, planning, implementation, and financing. The PMU will engage two (each will look after 3 divisions10) Foal Safeguard Officer (FSO) with a rank of Superintending Engineer to ensure social and environmental safeguards compliance of MSRIP is consistent with ADB SPS and GOI norms. The FSO will assist the respective Project Division Offices and NGO for planning and implementation of resettlement activities in the project. Some of the specific functions of the ADB-PMU in regard to resettlement management will include:

h. Overall responsibility of implementation and monitoring of resettlement and rehabilitation activities in the project i. Ensure availability of budget for resettlement and rehabilitation activities; j. Liaison lined agencies support implementation of resettlement and rehabilitation; k. Selection and appointment of the NGOs; l. Coordinating with line Departments, Project Implementation Units, project management services consultants, authority engineers and NGOs

D. Project Implementation Unit

68. Project Implementation Unit (PIU) will be established at district/project level for the implementation of project resettlement activities. A Project Implementation Unit (PIU) will be headed by a Superintending Engineer (SE) assisted by Executive Engineer. The Superintending Engineer will be overall in charge of the division. The Executive Engineer will be the Resettlement Officer. PIU will appoint / designate an Assistant Resettlement Officer (ARO) in the rank of Assistant Engineer (AE) per sub project, who will either be deputed to the PIU or engaged on contractual basis having adequate land acquisition, implementation

10 One Focal Person will look after projects under Nagpur, Amravati and Aurangabad divisions and other will for Nasik, Pune and Konkan region. 56

/resettlement experience. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the Authority Engineers (AE) for implementation of the resettlement plan. The PIU will maintain all databases, work closely with DPs and other stakeholders and monitor the day today resettlement activities. Some of the specific tasks to be performed by PIU include:

I. Translation of resettlement plan in local language; II. Liaison with district administration for dovetailing government’s income generating and developmental programs for the DPs; III. Ensure the inclusion of those DPs who may have not been covered during the census survey; IV. facilitate the opening of accounts in local banks to transfer assistance to DPs, and organize the disbursement of cheque for assistance in the affected area in public; V. Monitor physical and financial progress on land acquisition and resettlement and rehabilitation activities; VI. Participate in regular meetings in GRC; and VII. Organize monthly meetings with the NGO to review the progress on resettlement and rehabilitation

69. For land acquisition, as per the procedure laid down under the Direct Purchase Policy of GoM, a Land Valuation Committee (LVC) will be established at the district level. The Committee will be chaired by the District Collector or his/her representative and will have representatives of local self-government institutions as required. The LVC will be responsible to make independent valuation of land/other assets based on existing market replacement cost and for completion of land acquisition on behalf of EA.

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

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

71. Each AE will include an environmental specialist who will be responsible for at least weekly site level supervision and monitoring. All subplans such as the construction camp layout, waste management, borrow area management, traffic management, tree plantation, and others prepared by the contractor will be reviewed and approved by the AE. The AE will also provide guidance to the contractor on corrective measures that must be taken and monitor 57

their compliance. The environmental expert will review and verify all environmental reports prepared by each of the contractors. Based on site inspections and environmental reports from the contractors, he/she will prepare quarterly environmental monitoring reports for submission to the PMU. The quarterly reports will be consolidated into a semi-annual environmental monitoring report and submitted to the PMU for their review and endorsement for further submission to ADB.

72. Each AE will also include a social development specialist. The specialist will be responsible for the following: (i) guide the implementation of the resettlement plans; (ii) help set up an internal monitoring system; (iii) participate and monitor the project-level grievance redress committee; and (iv) support the preparation of the semi-annual social monitoring reports.

E. Nongovernment Organization (NGO)

73. Involuntary resettlement is a sensitive issue and strong experience in resettlement and rehabilitation matters along with community related skills will be required by the Project Implementation Unit in order to build a good rapport with the affected community and facilitate satisfactory resettlement and rehabilitation of the DPs. To overcome this deficiency, experienced and well-qualified NGO in this field will be engaged to assist the Project Implementation Unit in the implementation of the resettlement plan. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist DP by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Considering the significant role of the NGO in resettlement plan implementation, it is extremely important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. NGO will be hired for a group of projects which will manage the project resettlement activities, but the cost is proposed in each project keeping in view the PWD norms of requirement of advance administrative approval. The Terms of Reference for the NGO is appended as Appendix 7.

74. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in Table 21.

Table No. 21: Roles and Responsibilities of Different Agencies for resettlement plan Implementation Activity Agency Responsible Establishment of Social and Resettlement Unit in ADB-PMU ADB-PMU and appointment of Focal Person (Social) Organizing resettlement training workshop ADB-PMU Social Assessment and Preparation of land ADB-PMU through Design acquisition plan, Resettlement Plan (resettlement Consultant plan) Hiring of (Non-Government Organization) NGOs ADB-PMU Public consultation and disclosure of resettlement PIU/Design Consultant/ NGO plan Co-ordination with district administration for land PIU / Design Consultant acquisition 58

Declaration of cut-off date ADB-PMU/ PIU Review and obtaining of approval of resettlement ADB-PMU plan form ADB Payment of replacement cost and allowance PIU Notify the date of commencement of construction to PIU /NGO DPs Assistance in relocation, particularly for vulnerable PIU/NGO groups Monitoring of resettlement plan Implementation PIU/NGO

75. An organogram for the institutional arrangement is presented below in Figure 3

MPWD

Chief Engineer, PMU

PMSC Superintending Engineer, PIU AE

Executive Engineer, PIU NGO

Assistant Engineer/ARO

Figure No. 3: Institutional Arrangement for Resettlement and Rehabilitation

F. Capacity Building

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

77. To allow an effective execution of all resettlement plan related tasks some expansion of the capacity on resettlement plan currently available at EA may be needed. During the first ADB supported project, the EA has only designated one Executive engineer as Resettlement Officer at HQ level. Keeping in view the current resettlement impacts and activities, it is suggested that a full time Officer preferably from Revenue department as RO will be placed at ADB-PIU level. Additionally, it is suggested that at field level PIU an Assistant Engineer level officer will be designated as ARO for project level resettlement plan implementation. As 59

an advance action, the EA has initiated the process of deputing and RO from other relevant departments.

78. All concerned staff both at head office and field level involved in land acquisition and resettlement activities have undergone an orientation and training in ADB resettlement policy and management. In addition, the PMSC will train to the field office staff during the project implementation on specific topics, including:

• Government of India and ADB policy frameworks and requirements on land acquisition and resettlement • Resettlement rehabilitation policy and procedure adopted for MSRIP • Understanding of the Implementation Schedule activities step-by-step • Monitoring and reporting mechanism • Consultation and grievance redress

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VIII. GRIEVANCE REDRESS MECHANISM

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

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

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

Level 1: PIU and field level

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

a. Superintending Engineer (Chairperson) b. representatives from the affected village c. representative for women from a relevant agency which could be from the government, or NGO or local community d. Implementing NGO

Level 2: State Level

83. Grievances not redressed by the PIU level will be brought to the State level Grievance Redress Committee (GRC). The state level GRC will be headed / chaired by Chief Engineer. The State level GRC will comprise of the following:

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

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

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

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

Level 3: Court of Law

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

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

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Figure No. 4: Stages of Grievance Redressal

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IX. COMPENSATION, RELOCATION AND REHABILITATION

A. Valuation of Assets

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

1. Valuation of Land

90. While customarily the rate of compensation for land to be acquired is determined based on the circle rate of similar types of land, the replacement cost of the land is derived by applying procedure provided in the Maharashtra LARR Act Rules. There is no land acquisition in the project area.

2. Valuation of Structures

91. The value of houses, buildings and other immovable properties, including public and private property, are determined based on the current Basic Schedule of Rates (BSR) applicable at the time of acquisition, without depreciation. There were different types of structures with varied rates depending upon the type of construction materials used. There were range of unit rate applied for type of construction and replacement cost was calculated for each structure. The total compensation is presented in Table 22

Table No. 22: Compensation of structure Amount Type Unit Quantity Rate (Rs.) Kachcha M2 11.4 5544.00 63,201.60 Semi Pucca M2. 5.55 9504.00 52,747.20 Relocation of Sq. m. 2.25 12,916.8 29,062.80 Temple Gaon Lump Sum 1 21,00,000 21,00,000.00 Kamman Total 22,45,011.60

B. Relocation

92. To understand the relocation options, DHs were consulted during the census survey, the DPs showed a clear preference for cash compensation and self-relocation, in order to avoid disruption of community life and problems with host communities.

93. During the visit it was noted that there are 14 Kiosk (i.e. maximum betel stalls) which need relocation. 9 out of 14 Kiosk have space nearby for self-relocation, from this 1 Kiosk is in Barshi 64

and 1 in Pangaon and other 5 are in Nannaj. Rest 7 Kiosk are in Vairag which are in marketplace where they don’t have any space to relocate, but they will be self-relocated on project road, where vacant land is available under PWD.

94. There are two CPR which are in ROW, so relocation and reconstruction is to be done. These CPR would be relocated on the nearby land under PWD, along the project road. And would be constructed by the contractor

C. Rehabilitation Measures

95. The specific rehabilitation measures in different categories under this subproject are being provided in following table 23. The kiosks will be pushed back outside the corridor of Impact (CoI) within the RoW and all restore and there will be no disruption of livelihood.

Table No. 23 Rehabilitation Measures

R&R Assistance Rate DH Amount One time shifting allowance for 10,000 14 1,40,000 Kiosk One-time Repair Grant for 20,000 24 4,80,000 projection frontage Lumpsum for extended shed for 10000 10 1,00,000 commercial structure Vulnerability 25,000 24 6,00,000 Total 13,20,000

D. Additional Support for Vulnerable DPs

96. Special assistance at Rs. 25000 is paid to 24 vulnerable households totaling Rs. 6,00,000/- In addition, the implementing NGO play a proactive role to link vulnerable AFs to various government schemes. The Non-titled persons being landless has been considered as vulnerable support.

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X. BUDGET

97. The total resettlement and rehabilitation budget for the proposed project is Rs. Total Cost- Forty Seven Lakhs Twenty One Thousand Five Hundred and Twelve Only. A detailed indicative resettlement and rehabilitation cost is given in Table 24. There is administrative approval of budget by EA.

Table No. 24: Estimated Compensation and Relocation Budget

Item Mitigation provision DH Units Unit rates Total (Rs) (Rs) 1. Structures Kuccha 11.4 M2 5544.00 63,201.60 Pucca 5.55 M2 9504.00 52,747.20 2. CPR Structures Temple 2.25 M2 12,916.80 29,062.80 Gaon Kamman 1 Lump 21,00,000.00 21,00,000.00 sum Sub Total A 22,45,011.60 3. resettlement and rehabilitation Assistance a. One time shifting 14 Nos 10,000 1,40,000 allowance for Kiosk b. One-time Repair Grant 24 Nos 20,000 4,80,000 c. Lumpsum for extended 1,00,000 shed for commercial 10 Nos 10,000 structure d. Vulnerability 24 Nos 25,000 6,00,000 Sub Total B 13,20,000.00 Total A+ B 35,65,011.60 4. Contingency (10% of LA 3,56,501.16 & resettlement and rehabilitation Cost) Total 39,21,512.76 5. Implementation Cost Hiring of NGO 6,00,000.00

6. Training for PMU and 2,00,000 2,00,000.00 PIU staff Grand Total 47,21,512.76 Say 47,21,512.00 Total Cost: Forty-Seven Lakhs Twenty-One Thousand Five Hundred and Twelve Only. 66

XI. MONITORING AND EVALUATION

A. Need for Monitoring and Reporting

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

B. Internal Monitoring

99. One of the main roles of PMU will be to see proper and timely implementation of all activities in resettlement plan. Monitoring will be a regular activity for ADB-PMU and Focal Officer (Social) at this level will see the timely implementation of resettlement and rehabilitation activities. Monitoring will be carried out by the PIU and its agents, such as NGOs and will prepare monthly reports on the progress of resettlement plan Implementation. PIU will collect information from the project site and assimilate in the form of monthly report to assess the progress and results of resettlement plan implementation and adjust work program where necessary, in case of delays or any implementation problems as identified. This monitoring will form parts of regular activity and reporting on this will be extremely important in order to undertake mid-way corrective steps. The monitoring by PMU will include:

▪ Administrative monitoring: daily planning, implementation, feedback and troubleshooting, individual DP database maintenance, and progress reports; ▪ Socio-economic monitoring: case studies, using baseline information for comparing DP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and ▪ Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the displaced persons. Monitoring reports documenting progress on resettlement implementation and resettlement plan completion reports will be provided by the PIU to ADB-PMU for review and approval from ADB.

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

• Socio-economic conditions of the DPs in the post-resettlement period; • Communication and reactions from DPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; • changes in housing and income levels; • rehabilitation of informal settlers; • valuation of property; • grievance procedures; • disbursement of compensation; and • Level of satisfaction of DPs in the post resettlement period. 67

C. Stages of Monitoring

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

1. Preparatory Stage

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

• Conduct of baseline survey • Consultations • Identification of DP and the numbers • Identification of different categories of DPs and their entitlements • Collection of gender disaggregated data • Inventory and losses survey • Asset inventory • Entitlements • Valuation of different assets • Budgeting • Information dissemination • Institutional arrangements • Implementation schedule review, budgets and line items expenditure

2. Relocation Stage

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

• Payment of compensation • Delivery of entitlement • Grievance handling • Preparation of resettlement site, including civic amenities (water, sanitation, drainage, paved streets, electricity) • Consultations • Relocation • Payment of compensation • Livelihood restoration assistance and measures

3. Rehabilitation Stage

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104. Once DPs have settled down at the new sites, the focus of monitoring will shift to issues of economic recovery to the pre project status. The key issue for monitoring will be:

• Improvement of business due to improved connectivity.

D. Monitoring Indicators

105. The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The resettlement plan contains indicators and benchmarks for achievement of the objectives under the resettlement program. These indicators and benchmarks are of three kinds:

• Process indicators including project inputs, expenditures, staff deployment, etc. • Output indicators indicating results in terms of numbers of displaced people compensated and resettled, training held, credit disbursed, etc. and • Impact indicators related to the longer-term effect of the project on people's lives.

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

• Training of PIU staff completed • Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • NGO recruited and trained • Meetings of GRC • Grievance redress procedures in-place and functioning • Compensation payments disbursed • Relocation of DPs completed • Employment provided to DPs • Training of DPs initiated • Number of families physically displaced and resettled • Monitoring reports submitted

E. Reporting Requirements

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

108. All the resettlement monitoring reports will be disclosed to DPs as per procedure followed for disclosure of resettlement documents by the EA. The monitoring reports will also be disclosed on ADB Website.

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XII. IMPLEMENTATION SCHEDULE

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

A. Schedules for Project Implementation

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

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

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

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

111. A composite implementation schedule for resettlement and rehabilitation activities in the project including various sub tasks and timeline matching with civil work schedule is prepared and presented in the form of Table 25. However, the sequence may change, or delays may occur due to circumstances beyond the control of the Project and accordingly the time can be adjusted for the implementation of the plan. The implementation schedule can also be structured through package wise. The entire stretch can be divided into various contract packages and the completion of resettlement implementation for each contract package shall be the pre-condition to start of the civil work at that particular contract package.

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Table No. 25: resettlement and rehabilitation Implementation Schedule Progress (Year /Quarter) Activity 2019 2020 2021 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Project Preparation Stage Screen sub-project impact

Public Consultation

Cary out Census Survey

Prepare Resettlement Plan

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

Training and Capacity Building PIU and Other Institutions Public Consultation

Grievance Redressal

Valuation of Properties

Preparation of Micro Plan

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

Monitoring and Reporting Period

Monitoring and reporting by ADB- PMU

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Appendix 1: List of Affected Villages

Sr. Affected Village Name Tehsil District No. Household

1 Saundare Barshi Solapur 2 2 Pangaon Barshi Solapur 2 3 Vairag Barshi Solapur 13 4 Shelgaon R Solapur Solapur - 5 Dharfal Solapur Solapur _ 6 Vadala Solapur Solapur - 7 Nanjaj Solapur Solapur 8 8 Karamba Solapur Solapur _ 9 Bale Solapur Solapur _

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Appendix 2: Notice for Cut-Off-Date

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Appendix 3: Census and Socio-Economic Questionnaire

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Appendix 4: List of Non-Titleholders

Sr. no Name of owner Chainage Name of village Category Affected structures

1 Ramesh Gavsane 4/600 Barshi General Semi Pucca 2 Aabha Chipale 4/600 Barshi General Kiosk 3 Vazhir Gualb Sheikh 11/000 Pangaon General Kiosk 4 Harshan Babusaheb 11/300 Pangaon General Kuccha Pawar 5 Vijay Divse (Pan 21/600 Vairag General Kiosk Stall) 6 Sanjay Narayan 22/200 Vairag General Semi Pucca Mahajan 7 Nagesh Shinde 22/500 Vairag General Kiosk 8 Abhiman Jagale 22/800 Vairag General Kuccha 9 Krishsagar Madhu 23/000 Vairag General Kiosk 10 Aabha Bhoge 23/000 Vairag OBC/(VJNT) Semi Pucca 11 Tanaji Chowgule 23/000 Vairag General Semi Pucca 12 Babusaheb Kolhe 23/000 Vairag General Semi Pucca 13 Prakash Thorat 23/000 Vairag General Kuccha 14 Satish Kakde 23/000 Vairag General Kiosk 15 Prakash Thorat 23/100 Vairag General Kuccha 16 Shikandar Qureshi 23/100 Vairag OBC Kiosk 17 Anna Jangale 23/400 Vairag General Kiosk 18 Shahaji.Dattaray. 23/450 Vairag General Kiosk Jadhav 19 Sani Janrao 49/500 Nannaj General Kiosk 20 Manoj Mule 49/600 Nannaj General Semi Pucca 21 Vaijihat Mule 49/600 Nannaj General Kiosk 22 Kanchan Gore 49/600 Nannaj OBC Kiosk 23 Balaji Mule 49/600 Nannaj General Kiosk 24 Parook Sheikh 49/600 Nannaj General Kiosk

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Appendix 5: List of CPRs

S. No Ch. Type of Distance Distance Side Physical Needs Km Structure from from (Left/Right Impact Relocation (aanganbaadi, Centre Centre (Yes/NO) (Yes/No govt office, Line Line panchayat (Boundary (Main Bhawan or wall) Structure) any other CPR specify 1 3.8 Temple 30 LHS NO NO 2 4.5 Temple 32 LHS NO NO 3 4.7 Temple 8 RHS NO NO 4 6.8 Petrol Pump 14 RHS NO NO 5 10.7 Water Tank 16 LHS NO NO 6 11.3 Water Tank 15 RHS NO NO 7 11.6 Temple 22 RHS NO NO 8 17.9 Temple 32 RHS NO NO 9 19.9 Water Tank 16 LHS NO NO 10 20.1 Water Tank 14.5 RHS NO NO 11 20.3 School 12.5 23 LHS NO NO 12 20.3 Temple 6.8 RHS NO NO 13 20.35 Temple 7.8 RHS NO NO 14 21.2 Petrol Pump 15.5 RHS NO NO 15 22.4 Temple 10 15 RHS NO NO 16 25 Petrol Pump 23 RHS NO NO 17 25.7 School 15 30 RHS NO NO 18 26.3 College 9 15.8 RHS NO NO 19 30.5 Water Tank 16 RHS NO NO 20 34.3 School 20 30 NO NO 21 35.15 Temple 8.4 LHS NO NO 22 35.2 Temple 6.1 LHS NO NO 23 35.2 Gaon Kamman 5.5 RHS YES YES 24 35.6 Temple 31 RHS NO NO 25 39.9 Water Tank 16.2 LHS NO NO 26 43.9 Petrol Pump 15 LHS NO NO 27 44.4 Petrol Pump 15 LHS NO NO 28 44.5 Petrol Pump 15.5 RHS NO NO 29 46.6 School 20 35 LHS NO NO 30 49.5 Temple 12 LHS NO NO

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31 50.3 School 15 23 LHS NO NO 32 54.2 Temple 15.3 RHS NO NO 33 56.1 School 14 23 LHS NO NO 34 56.2 School 16.2 25 RHS NO NO 35 56.4 Temple 16 RHS NO NO 36 57.7 School 11.9 23 LHS NO NO 37 57.7 Temple 8.45 RHS NO NO 38 57.9 Temple 10.5 RHS NO NO 39 59.5 Temple 16.4 LHS NO NO 40 61.1 Petrol Pump 15.3 RHS NO NO Polytechnic 41 61.3 College 16.2 25 RHS NO NO 42 63.5 Temple 10 LHS NO NO 43 64.25 Temple 20 LHS NO NO 44 64.5 Temple 3.2 RHS YES YES

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Appendix 6: Public Consultation Meeting

Public Consultation Meeting at Saudre on 18/1/2019 81

Public Consultation Meeting at Pangaon on 18/1/2019

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Public Consultation Meeting at Vairag on 18/1/2019

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Public Consultation Meeting at Nannaj on 18/12/2018

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Salient Features of the road

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Attendance of Public Consultation Meeting at Vairag on 07/06/2019 87

Attendance of Public Consultation Meeting at Shelgaon on 07/06/2019 88

Attendance of Public Consultation Meeting at Nannaj on 07/06/2019

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Public Consultation at Nannaj

Public Consultation at Vairag 90

Public Consultation at Shelgaon 91

Appendix 7: Terms of Reference for NGO

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

A. Project Background

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

2 Nine resettlement plans have been prepared for the project in compliance with the applicable state government, Government of India, and ADB policies and legal frameworks. This project is considered Category B for involuntary resettlement. The project requires an independent consultant for external monitoring and reporting of resettlement plan implementation.11

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

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

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

5 Resettlement Plan Implementation

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

11 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project. 92

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

Implementation of Gender Action Plan (GAP)

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

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

• Provide support and assist the MPWD, PMU and PIUs in implementation of gender actions in the project; 93

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

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

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

2. Distribution of Identity Card 2.1 After verification the Consultant shall distribute identity cards to all eligible Project Affected Households (PAHs). The identity card should include a photograph of the head of the household, the extent of loss suffered due to the project, and the choice of the 94

entitlements with regard to the mode of compensation and assistance, with necessary family details. The Identity Cards are to be signed by the Team Leader of the consultant and RRO.

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

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

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

6. Grievance Redressal 6.1 The Consultant shall make PAPs aware of the grievance mechanism set out in the RAP and shall assist PAPs who have grievances to pursue a suitable remedy. The Consultant shall help the PAPs to file a grievance application. 6.2 The Consultant shall maintain a log of the grievances directly received by them and forward the same to the designated complaint officer as per GRM within 7 (seven) days of receipt of the grievance from the PAPs. It shall submit a draft resolution with respect to the particular grievance of the PAP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the Consultant representative in the GRC. 6.3 The Consultant shall assist in the GRC process whenever necessary. 95

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

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

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

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

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

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

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

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

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

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

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

E. Reporting Requirements & Time Schedule for Deliverables

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

(i) Inception Report 97

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

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

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

G. Payments, Time Schedule, Site Office and Other Conditions 98

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

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

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

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

Sr. Payment Task/deliverable Timeline No. Schedule

1. Submission of Inception Report 1 month 10% Contract Price 2. a) Joint verification of assets within 3 months 20% of Contract Corridor of Impact, information, Price dissemination and distribution of rehabilitation and resettlement policy b) Distribution of Identity card to eligible PAPs c) Submission of Micro plan for 100% Non- Title Holder and approval d) Collection of baseline data including institutional data such as number of project staff across positions in PMU and PIUs, and brief socio-economic profile of the project area, estimated beneficiaries in project area, and need assessment for the health camps e) Submission of quarterly GAP progress report 99

Sr. Payment Task/deliverable Timeline No. Schedule

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

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

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Appendix 8: Maharashtra Direct Purchase Policy

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Appendix 9: Consent Form

Performa ‘C’

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Schedule - ‘1’

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Schedule - ‘2’

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Schedule - ‘3 & 4’

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Schedule - ‘5, 6 & 7’

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Appendix 10: Photos of Non- Titleholders

1. Saundare

2. Vairag

3. Nannaj 113

Appendix 11: Photos of CPR

Vanegaon Mangaon

Shelgaon R

Nannaj

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Annexure 12: List of affected and non-affected structures along the project road

Sr. no. Chainage Side Distance of the Name of the owner Remark structure from centerline 1. 4+100 LHS 9.2 House (Tin shed) NA 2. 4+600 RHS 7.2 House(wall) NA 3. 4+600 RHS 6.4 Ramesh Gavsane A 4. 4+600 RHS 6.4 Aabha Chipale A 5. 4+700 RHS 9.2 Closed Tin shed NA 6. 6+300 RHS 7.2 Closed Tin shed NA 7. 11+000 RHS 6.4 Vazhir Gulab Sheikh A 8. 11+300 LHS 5.9 Harshan Babusaheb A Pawar 9. 18+500 LHS 7.2 Fencing wall NA 10. 21+000 RHS 7.2 Tin House Compound NA wall 11. 21+200 RHS 7.2 Subhash Ghodke NA 12. 21+200 RHS 7.3 Appabhai Shiekh NA 13. 21+600 RHS 6.8 Vijay Divse A 14. 22+500 RHs 6.7 Sanjay Narayan A Mahajan 15. 22+500 LHS 6.7 Nagesh Shinde A 16. 22+800 RHS 5.8 Abhiman Jagale A 17. 23+000 RHS 5.8 Krishsagar Madhu A 18. 23+000 RHS 6.8 Aabha Bhoge A 19. 23+000 RHS 5.8 Tanaji Chowgule A 20. 23+000 RHS 5.8 Babusaheb Kolhe A 21. 23+000 RHS 8.3 Irshad Sheikh NA 22. 23+000 RHS 8.1 Akshay Tate NA 23. 23+000 RHS 8.1 Aayub Phatan NA 24. 23+000 RHS 8.2 Ravi Pandarmise NA 25. 23+000 RHS 5.2 Ravi Alhad NA 26. 23+000 RHS 7.2 Prakash Thorat A 27. 23+000 LHS 7.2 Aazan Chinese Hotel NA 28. 23+100 LHS 7.2 Avinash Ghadve NA 29. 23+100 RHS 7.2 Pramod Nilakhe NA 30. 23+100 RHS 6.8 Prakash Thorat A 31. 23+100 RHS 6.8 Satish Kakde A 32. 23+100 LHS 7.1 Yedeshwari Pan Stall NA 33. 23+100 LHS 6.7 Shikander Qureshi A 34. 23+400 LHS 6.4 Anna Jagale A 35. 23+400 RHS 9.6 Khendad Bandu NA 36. 30+100 LHS 7.1 Hasgule Bandu NA 37. 30+100 RHS 7.6 Sarthak Nichal NA 38. 30+100 RHS 7.6 Sachin Nichal NA 39. 30+200 RHS 8.6 Annaso Tate NA 115

40. 32+400 RHS 8.3 Kalunke Bapu NA 41. 49+200 LHS 8.3 Dagadu Bhoslae NA 42. 49+200 LHS 6.2 Dattarai M. Janrao A 43. 49+300 RHS 8.2 Pravin Balshankar NA 44. 49+500 LHS 6.4 Sani Janrao A 45. 49+500 LHS 5.9 Pan Stall(Unknown) A 46. 49+600 LHS 6 Manoj Mule A 47. 49+600 LHS 6 Vaijihat Mule A 48. 49+600 RHS 5.8 Kanchan Gore A 49. 49+600 LHS 6 Balaji Mule A 50. 49+600 LHS 6.4 Farookh Shiakh A 51. 49+700 LHS 7.2 Sagar Tonpe NA 116

Appendix 13: Drawing of Affected Structures with respect to the Existing Road

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