Social Monitoring Report
Project Number: 47341-002 January 2019
Period: January 2018 – June 2018
IND: South Asia Subregional Economic Cooperation Road Connectivity Investment Program - Tranche 1
Subproject: External Social Monitoring Report for Imphal-Kangchup-Tamenglong Road
Submitted by
Externally Aided Project, Public Works Department, Government of Manipur, Manipur.
This social monitoring report 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.
IND: South Asia Sub-regional Economic Cooperation Road Connectivity Investment Program - Tranche 1
(ADB Loan No. 3118 Tranche-I) Imphal-Kangchup-Tamenglong Road
Semi Annual External Social Safeguards Monitoring Report (January 2018 – June 2018)
Revisions Submitted by: Submitted to: Rev. No. Particulars Date The Project Director, Externally Aided Project, Mukesh & Associates in JV with Public Works Department, DONG IL Engineers Consultants Co. Ltd. Government of Manipur, in association with Manipur.
Alliance Engineers & Consultants File Path: \\SERVER\MD5_E - Drive\Suresh\2014\RFP\27. ADB - Manipur ISCD Consultancy\ Reports\Semi-Annual SMR (Jan-Jun 2018).doc Prepared by: Reviewed by: Approved. By: Sheet Size: A4 Date: Prasanta K. Sahu B.K. Rajagopal Team Leader 11.09.2018 Abbreviations
ADB Asian Development Bank APs Affected Persons AHs Affected Households BPL Below Poverty Line CAP Corrective Action Plan CSC Construction Supervision Consultant DC Deputy Commissioner DMS Detailed Measurement Survey DPR Detailed project report DPs Displaced Persons EA Executing agency EAP Externally Aided Project EM Entitlement Matrix FAM Facility Administration Manual FGD Focus Group Discussion GAP Gender Action Plan GIRR Greater Imphal Ring Road GoI Government of India GoM Government of Manipur GRM Grievance Redress Mechanism IA Implementing Agency IPs Indigenous Peoples IR Involuntary Resettlement IDL Intermediate Double Lane (IDL) IKTR Imphal-Kangchup-Tamenglong Road IPF Indigenous People Framework IPP Indigenous Peoples Plan ISCD Implementation Support and Capacity Development LA Land Acquisition LHS Left Hand Side MFF Multi-tranche Financing Facility MoM Minutes of Meeting MPWD Manipur Public Works Department NB-NER North Bengal and North Eastern Region NGO Non-Government Organization NOC No Objection Certificate PD Project Director PIU Project Implementation Unit PMU Programme Management Unit PWD Public Works Department PwDs Persons with Disabilities
ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) i RF Resettlement Framework RO Resettlement Officer ROB Road over Bridge RP Resettlement Plan RoW Right of way R&R Rehabilitation and Resettlement SAR Sub-project Appraisal Report SASEC South Asia Sub-regional Economic Cooperation SIA Social Impact Assessment SRCIP SASEC Road Connectivity Investment Programme ST Scheduled Tribe TOR Term of Reference TBD To Be Decided VLC Village Level Committee
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Contents Contents ...... iii A. Introduction and Project Background ...... 1 B. Scope of the Project ...... 1 C. Objectives and Scope of External Social Monitoring ...... 3 D. Approach and Methodology ...... 4 E. Resettlement Principles of IKTR Sub-project ...... 4 i. Entitlements Matrix ...... 4 F. Resettlement Impacts ...... 23 i. Land Acquisition and Resettlement Plan of IKTR Sub-project ...... 23 ii. Loss of Livelihoods in IKTR Sub-project ...... 24 iii. Vulnerable Households affected in IKTR Sub-project ...... 24 iv. Plan for further Public Consultation and Disclosure Plan ...... 24 G. Actual Impacts during Implementation of Sub-project ...... 25 i. Imphal-Kangchup Section ...... 25 ii. Kangchup-Tamenglong Section...... 26 H. Institutional Arrangements ...... 28 I. Capacity Development ...... 30 J. RP implementation process ...... 33 K. HIV/AIDS Awareness: ...... 35 L. Grievance Redress Mechanism ...... 36 M. Corrective Action Plan ...... 37 N. Lessons learned ...... 38 O. Conclusion and Recommendations ...... 38 Appendix-1 LA notification of GoM under Section 11(1) of “the RFCT in LARR Act, 2013”...... 39 Appendix-2 Formation of Committee for purchase of land through Negotiation ...... 40 Appendix-3 Photographs of JAS during the period January - June 2018 ...... 41 Appendix-4 Office Order of the Principal Chief Conservator of Forests, GoM ...... 42 Appendix-5 Sample copy of Land Donation by Agreement Deeds and Registration ...... 43 Appendix-6 Letter of request to Director of Agriculture, GoM, for field verification report in respect of Agricultural land...... 48 Appendix-7 Sample Copy of Micro Plan ...... 49 Appendix-8 Sample approved Identity Card for DPs/AHs ...... 50 Appendix-9 Photographs of Compensation disbursement and Receipt memo of disbursed compensation ...... 51 Appendix-10 Cut-off date Notification for Kangchup-Tamenglong Road Section ...... 52 Appendix-11 Income Restoration Training Program Monitoring ...... 53
ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) iii Appendix-12 Photographs of PCMs / FGDs held during Semi-Annual Social Monitoring period (January-June 2018) ...... 54 Appendix-13 Consultation Monitoring ...... 56 Appendix-14 PIU Level GRC Constituted and Notified for the Section from Km 12+900 (Kangchup) to 34+900 (Waphong Inthan) ...... 58 Appendix-15 GRM Monitoring Format ...... 59 Appendix-16 Minutes of Meeting held on 21st March 2018 for IKTR Sub-Project ...... 60 Appendix-17 Minutes of Meeting held on 22nd March 2018 for IKTR Sub-Project ...... 62 Appendix-18 Proposal required for suitable candidates from NGO for formation of GRC at PIU/PWD level ...... 66 Appendix-19 Safeguards Capacity Building Monitoring ...... 67 Appendix-20 Corrective Action Plan Monitoring ...... 67 Appendix-21 Land Acquisition, Resettlement and Rehabilitation Process Monitoring ...... 68
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A. Introduction and Project Background
1. This updated semi-annual external social monitoring report for January 2018 to June 2018 deliberates upon social safeguards of the SASEC Road Connectivity Investment Programme (SRCIP) under the South Asia Sub-regional Economic Cooperation (SASEC), a Multi-tranche Financing Facility (MFF), envisaged under financial assistance from Asian Development Bank (ADB) aiming to improve about 500 Km of priority road section in North Bengal and North Eastern Region (NB-NER) of India. The investment programme is planned to be implemented in phases. The first tranche covers Imphal-Kangchup-Tamenglong Road (IKTR) only having total stretch of 107.97 Km. The loan No 3118 - IND (Tranche-1) came into effect on June 24, 2015.
2. This monitoring report covers the period from January 01, 2018 to June 30, 2018. The report includes monitoring of social safeguards implementation under Tranche-1, i.e. Imphal-Kangchup-Tamenglong Road (IKTR) for which loan has been effectuated. This IKTR sub-project was approved on March 02, 2016 by Asian Development Bank (ADB).
3. SRCIP aims to improve the regional connectivity by constructing good road infrastructure in the State of Manipur to better transportation and communication. The Investment Programme comprises two components: (i) road improvement component and (ii) project implementation support and capacity development component.
4. The impact of SRCIP is expected to increase domestic and regional trade with the NB-NER of India serving a regional transport hub. The outcome will be improved road connectivity and efficiency of the NB-NER international trade corridor.
B. Scope of the Project
5. The project road starts at Naoremthong of Imphal City and ends at Tamenglong covering a total length of 107.97 Kms, which includes spur alignment to Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively. The alignment passes through districts of Imphal West, Kangpokpi and Noney (newly created district), and Tamenglong connecting to major settlements of Imphal, Kangchup, Haochong, Bhalok and Tamenglong. The initial 12.90 Km of sub-project road alignment from Naoremthong to Kangchup is an existing road in plain terrain, whereas alignment between Kangchup to Tamenglong 90.12 Kms and spur alignments are greenfield area mostly located in mountainous terrain. The present road sub-project section is proposed for improvement and up-gradation from existing Intermediate Double Lane (IDL) to four-lane with paved shoulder from chainage 0.000 to 5.540 and double lane with paved shoulder from chainage 5.540 to chainage 12.900 in the plain area up-to Kangchup. Rest road section of 90.12 Km is coming under hilly terrain greenfield area where double lane road configurations with shoulders and side drains are proposed. The spur alignment in Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively is proposed for Intermediate double lane. The proposed alignment map showing the IKTR sub- project Tranche-1 is given in the next page.
6. The construction work of Imphal-Kangchup-Tamenglong Road sub-project has been awarded to M/s. Hindustan Construction Company Limited (HCC) in joint venture with M/s. Vensar Constructions Company Limited (VCCL) and agreement was signed on March 21, 2016 at the cost of Rs.1114.18 Crores. The date of commencement of the sub-project road is notified as 12.08.2016. Formation cuttings at chainages 16+900
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to 33+00, 39+00 to 52+00, 54+00 to 57+00, 73+00 to 82+00 are in progress. Construction of labour camp at chainage 77+000 has been completed and functional with minimum sanitation facilities and for the camps at chainages 5+400 and 15+800 the construction work is in progress.
7. The appointment of NGO for social safeguards implementation of IKTR sub-project has been approved by Government of Manipur (GoM) and awarded to Manavdhikar Samajik Manch, New Delhi. The contract agreement was signed on September 26, 2016 and the NGO has mobilized and assisting PIU for RP and IPP implementation since December 04, 2016. NGO has submitted Micro Plan of IKTR sub-project from Chainage from km 12+900 to 34+900 (village Kangchup Chingkhong to Waphong Inthan), from km 72+400 to 82+500 and from km 97+760 to 98+550 (village Wairangba-Khebuching-Bhalok and Dailong of Tamenglong District), based on the progress of Joint Assessment Survey (JAS) undertaken by Government of Manipur till June 2018. All the submitted Micro Plans have been approved by PIU and first phase of compensation disbursement has been mostly completed except 4 DPs/AHs out of total 79. The NGO has also undertaken its work/activities such as, project information disclosure by sensitizing the village communities through focused group discussions, verification of DPs by Joint Verification Survey (JVS) on Imphal- Kangchup-Tamenglong section at chainages 0+00 to 12+900, 12+900 to 34+900, 55+000 to 58+200, 68+000 to 72+400, 72+400 to 82+500 and 97+760 to 98+550. Also, the NGO participated and extended support during affected property demarcation in all these chainages. The map below shows the sub-project alignment in IKTR project.
Project Alignment Map
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C. Objectives and Scope of External Social Monitoring
8. Under the SASEC Road Connectivity Investment Programme (SRCIP), the external monitoring is to ensure the implementation of Resettlement Plans (RPs), Land Acquisition, Resettlement and Rehabilitation (LARR) and Indigenous Peoples Plan (IPP) activities of IKTR sub-project in accordance with ADB's Safeguard Policy Statement (2009), Public Communications Policy (2012), and the Right to fair Compensation and Transparency in land acquisition, Rehabilitation and Resettlement Act, 2013 of the Government of India. The key responsibility is to analyze, assess and recommend the corrective measures for implementation of IKTR sub-project.
9. The objectives mainly include:
(i) to conduct training sessions with power point presentations supported by printed materials for MPWD staff and other stakeholders associated in this project on awareness of all aspects of Land Acquisition as per LARR Act, 2013 and with specific problems encountered in the project and best practices followed as per national and international standards;
(ii) to co-ordinate with all stakeholders for smooth land acquisition, especially Revenue Department and MPWD officials and to suggest best practices followed in other projects in India along with Government procedure on Land Acquisition (LA) as per LARR Act, 2013;
(iii) to develop “Strip Charts” (chainage wise) in co-ordination with supervision consultant, NGO and PIU staff of MPWD to identify the availability of land free from all encumbrances, that can be handed-over to the contractor. At the same time, the expert will also identify the private land under LA notification and government or community land occupied by squatters, vendors and encroachers. The expert will assist IA to ensure that DPs are not evicted from their establishments and land not handed-over to contractor till the final compensation and assistance is disbursed by the MPWD as per the provision of Entitlement Matrix in the RP;
(iv) to prepare due-diligence report for subsequent loan processing under MFF on resettlement implementation of sub-project under existing loan based on the status of RP implementation along with developing specific monitoring Indicators for Displaced Peoples (DPs) with special emphasis on Indigenous people. For doing this, there is need of Socio-economic survey of around 10% DPs based on random sampling method on the specific indicators of development to know whether land acquisition/resettlement objectives have been generally met;
(v) to monitor and guide the NGO for resettlement implementation, preparing the Micro Plan, monthly progress report, undertaking meaningful public consultation and dissemination of information on project implementation, ensuring proper grievance redress procedures are followed, livelihood restoration/Income generation training, HIV/AIDS awareness programme, and other programme related to the design of the project. Besides, the expert will also guide NGO on human trafficking through community awareness activities, as well as monitoring the compliance of core labor standards by civil works contractors.
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D. Approach and Methodology
10. The external social monitor is responsible to support and build the capacity of the EA/IAs, review of the documents, verify the data, provide advice for the implementation of RPs, IPP and Corrective action Plan (CAP) if any, in accordance with the ADB SPS, 2009 and applicable Government of India and Government of Manipur laws. The approach and methodology followed for the above-mentioned scope and objectives are mentioned below.
(a) Review of available documents and validation of data; (b) Assessment of RPs implementation status, identification of issues, gaps and reasons thereof; (c) Site visits and meetings/consultations with EA/IAs, CSCs, DPs, NGOs and other stakeholders; (d) Additional agreed action plan/corrective action plan; and (e) Advise EA/IAs for implementation of RPs/additional action plan/CAP and comply with ADB’s SPS, 2009 and applicable national and state laws.
11. The qualitative research techniques were adopted randomly for the collection and verification of data in the IKTR sub-project. consultations and focus group discussions with available DPs/AHs on sub-project site were undertaken, besides undertaking unstructured interviews with them and other stakeholders during JAS.
E. Resettlement Principles of IKTR Sub-project
12. The ADB expects IA to adopt Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups by designing Entitlement Matrix (EM) with provision of social safeguards measures mentioned below.
i. Entitlements Matrix
13. The Entitlement Matrix for Imphal-Kangchup-Tamenglong Road sub-project section has been approved by ADB, that summarizes the types of losses and the corresponding nature and scope of entitlements; and in compliance with National Laws and ADB SPS-2009 (refer to Table-1A and 1B). Although, the loss of land will not be compensated to the individual DPs under Kangchup-Tamenglong Road subsection due to donation of land agreement but Resettlement and Rehabilitation (R&R) compensation and assistance will be fully paid. In cases of Imphal- Kangchup road sub-section Land Acquisition (LA) will be undertaken by Revenue Department of Government of Manipur (GoM) by paying proper compensation and through R&R assistance. Considering the different types of impact enumerated in IKTR sub-project section having valley/plain area with title holders (THs) and non-titleholders (NTHs) and hill section with community and customary rights to land; separate Entitlement Matrix (EM) has been devised and approved by GoM and ADB for Imphal - Kangchup and Kangchup - Tamenglong road project. Entitlement Matrix Table 1A and 1B below covers all type of impacts, entitlement for compensation and assistance under the broad IKTR sub-project context.
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Table-1(A): Entitlement Matrix for Imphal-Kangchup Section (Valley / Plain Area) under SRCIP: Tranche-1
Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Land 1-a Loss of Agricultural Legal titleholders/ Compensation at replacement cost or land-for- Compensation District Collector / private land land1, Family with land where feasible3. If land-for-land is offered, accounts for all Deputy homestead traditional titles will be in the name of original landowners. taxes and fees, Commissioner shall 2 land or titleholders One-time Resettlement allowance4 of Rs.50,000 and does not determine the vacant plot market value of the per affected family5. account for any land and multiply by depreciation. Each affected family shall be eligible for choosing the factors and add one-time assistance option from: (i) Where jobs Vulnerable 100% solatium as are created through the project, employment for at households will specified in LARR least one member of the affected family with be identified Act. PIU will ensure suitable training and skill development in the during the provision of notice. required field; or (ii) One-time payment of census. PIU will verify the Rs.5,00,000 per affected family. Re-titling to be extent of impacts Displaced families6 belong to Scheduled Caste completed prior through a 100% survey of APs, (SC) and Scheduled Tribe (ST) will receive to project
1 The LARR, 2013 Act says no irrigated multi cropped land shall be acquired under this Act, except in exceptional circumstances, as a demonstrable last resort. Wherever such land is acquired, an equivalent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security. Such costing shall also reflect while preparing Resettlement Budget. 2 Traditional land rights refer to households with customary rights to land, and shall be treated equivalent to titleholders. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 defines “Forest Dwelling Scheduled Tribes” as the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests and forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. The act provides right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement or rehabilitation prior to the 13th of December 2005. 3 Including option for compensation for non-viable residual portions. 4 The LARR Act–2013 specifies that each affected family shall be given one time Resettlement Allowance of Rs.50,000/- only. This is to cover transport and shifting. 5 ‘Family’ includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him. Widows, divorcees and women deserted by families shall be considered separate family. An adult of either gender with or without spouse or children or dependents shall be considered as a separate family – as defined under LARR Act–2013. 6Displaced family" as defined by the LARR Act–2013, means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area. According to ADB SPS-2009, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency additional one-time Rs.50,000 as subsistence completion determine allowance. For option of assistance, and Additional assistance to Vulnerable Households choosing job identify vulnerable created through households. project, job will be paid at living wage and monitored by CSC. 1-b Loss of Agricultural Tenants and Compensation for rental deposit or unexpired Land owners PIU will confirm land private land land, leaseholders lease (such amount will be deducted from the will reimburse rental and ensure homestead (whether having compensation of land owners). tenants and tenants and land or written Displaced families belong to Scheduled Caste leaseholders leaseholders receive vacant plot tenancy/lease (SC) and Scheduled Tribe (ST) will receive land rental reimbursement for documents or not / additional one-time Rs.50,000 as subsistence deposit or land rental deposit or Sharecroppers allowance unexpired lease unexpired lease, and Additional assistance to Vulnerable Households Vulnerable report to PIU. PIU will households will ensure provision of be identified notice. during the census. 2-a Loss of Vacant plot, Leaseholders Compensation for rental deposit or unexpired Vulnerable PIU will ensure Government Agricultural lease (such amount will be deducted from the households will provision of notice land land, compensation of the lessee). be identified and identify homestead Displaced families belong to Scheduled Caste during the vulnerable land census. households. (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households
restrictions on land use or on access to legally designated parks and protected areas. Thus, under this RF, the subsistence allowance is applicable for all affected families losing land irrespective of their nature of physical or economic displacement.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency 2-b Loss of Vacant plot, Non-Title Holders/ At least 60 days advance notice to shift from Vulnerable PIU will ensure Government Agricultural Squatters7, occupied land. households will provision of notice. 8 land land, Encroachers Notice to harvest standing seasonal crops and be identified PIU will identify homestead compensation. during the vulnerable land, RoW census. households. Displaced families belong to Scheduled Caste of road (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance Additional assistance to Vulnerable Households Residential Structures9 3-a Loss of Residential Legal titleholders: Each affected family shall be eligible for choosing Compensation District residential structure one-time assistance option from: accounts for all Collector/Deputy structure and other Family with (i) Replacement cost of the structure and other taxes and fees, Commissioner shall 10 assets . traditional land assets (or part of the structure and other and does not determine the right assets, if remainder is viable) without account for any market value of the structure and add depreciation; depreciation. 100% solatium as or Vulnerable specified in LARR (ii) In Rural area, the displaced family will be households will Act. Valuation provided with the option of constructed house be identified committee will as per Indira Awaas Yojana specifications in during the verify replacement lieu of cash compensation; census. value. PIU will verify (iii) In Urban area, the displaced family will be Wherever DPs the extent of provided with the option of constructed house opt for self- impacts through a 100% survey of AHs of minimum 50 sq. m. plinth area in lieu of construction, determine cash compensation. land and assistance, verify
structures will and identify Fees, taxes, and other charges related to be compensated vulnerable replacement structure. at replacement households.
7Squatters are those who have no recognizable rights on the land that they are occupying. 8 Encroachers are those who build a structure which is in whole or is part of an adjacent property to which he/she has no title. 9Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 10 Other assets include, but are not limited to walls, fences, sheds, wells, etc.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Right to salvage materials from structure and cost other assets with no deductions from replacement Assessment of value. viability of One-time Resettlement allowance of Rs.50,000 remaining per affected household structure will be One-time financial assistance of Rs.25,000 to the made in families losing cattle sheds for reconstruction consultation with All displaced families will receive one time shifting DPs assistance of Rs.50,000 towards transport costs etc. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 3-b Loss of Residential Tenants and Replacement cost of part/whole of structure Land/structure Valuation residential structure leaseholders constructed by the tenant/leaseholder without owners will committee will structure and other depreciation, and this will be deducted from the reimburse tenants verify replacement assets compensation amount of the owner. and leaseholders value. PIU will verify the extent of Compensation for rental deposit or unexpired rental deposit or impacts through unexpired lease. lease. 100% surveys of Right to salvage materials (of the portion AHs determine constructed by tenants or leaseholders) from Vulnerable assistance, verify structure and other assets households will be and identify One-time Resettlement allowance of Rs.50,000 identified during vulnerable per affected family the census. households. One-time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction. All displaced families will receive one time Shifting assistance of Rs.50,000 towards transport costs etc. Displaced families belong to Scheduled Caste
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 3-c Loss of Residential Non-Title Holders/ Replacement cost of structure constructed by the Vulnerable PIU will verify the residential structure Squatters, squatter without depreciation households will be extent of impacts structure and other Encroachers Right to salvage materials from structure and identified during through a 100% assets survey of AHs other assets the census. determine One-time Resettlement allowance of Rs.50,000 assistance, verify per affected family and identify All displaced families will receive one time shifting vulnerable assistance of Rs.50,000 towards transport costs households. etc. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households Commercial Structures 4-a Loss of Commercial Legal titleholders Replacement cost of the structure and other Compensation Valuation commercial structure assets (or part of the structure and other assets, if accounts for all committee will structure and other Family with remainder is viable) without depreciation. taxes and fees, determine assets traditional land Fees, taxes, and other charges related to and does not replacement value. right PIU will verify the replacement structure. account for any extent of impacts depreciation. Right to salvage materials from structure and through a 100% other assets with no deductions from replacement survey of AHs value. Vulnerable determine One-time Resettlement allowance of Rs.50,000 households will assistance, verify per affected family be identified and identify One-time financial assistance of Rs.25,000 to the during the vulnerable families losing shop for reconstruction of shop. census. households.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency All physically displaced families will receive one time shifting assistance of Rs.50,000 towards transport costs etc. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 4-b Loss of Commercial Tenants and Replacement cost of part/whole of structure Land/structure Valuation commercial structure leaseholders constructed by the tenant/leaseholder without owners will committee will structure and other depreciation, and this will be deducted from the reimburse tenants determine assets compensation amount of the owner. and leaseholders replacement value. PIU will verify the Compensation for rental deposit or unexpired land rental deposit extent of impacts or unexpired lease. through a 100% Right to salvage materials (of the portion lease. survey of AHs constructed by tenants or leaseholders) from determine structure and other assets Vulnerable assistance, verify One-time Resettlement allowance of Rs.50,000 households will be and identify per affected family identified during vulnerable All displaced families will receive both: (i) One the census. households. time Shifting assistance of Rs.50,000 towards transport costs etc.; and (ii) monthly Subsistence allowance of Rs.3,000 for one year (total Rs.36,000) from the date of award Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 4-c Loss of Commercial Non-Title Replacement cost of structure constructed by the Vulnerable PIU will verify the commercial structure Holders/Squatters, squatter without depreciation households will be extent of impacts structure and other Encroacher Right to salvage materials from structure and identified during through 100%
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency assets other assets the census. surveys of AHs One-time Resettlement allowance of Rs.50,000 determine per affected family assistance, verify All displaced families will receive one time shifting and identify vulnerable assistance of Rs.50,000 towards transport costs households. etc. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households Livelihood 5 Loss of Livelihood Legal titleholder One-time financial assistance of minimum Vulnerable PIU will verify the livelihood losing business/ Rs.25,000. households will be extent of impacts commercial Skill up-gradation training to APs opted for (one identified during through a 100% establishment member of the affected family) income the census. survey of AHs determine restoration. Family with assistance, verify traditional land right Preference in employment under the project and identify during construction and implementation. vulnerable Commercial tenant Monthly Subsistence allowance of Rs. 3,000 per households. month for one year (total Rs.36,000) from the Commercial date of award For Agricultural leaseholder Displaced families belong to Scheduled Caste labourer (long (SC) and Scheduled Tribe (ST) will receive timer) Only those Employee in who are in fulltime / additional one-time Rs.50,000 as subsistence commercial permanent allowance. establishment employment of the Additional assistance to Vulnerable Households land owner, will be Agricultural laborer eligible for this (long term) assistance. Seasonal Artisans agricultural laborers will not be entitled
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Squatters for this assistance. Trees and Crops 6 Loss of Standing Legal titleholder Advance notice to harvest crops, fruits, and Harvesting prior PIU will ensure trees and trees and timbers. to acquisition will provision of notice. crops crops Family with Compensation for standing crops in case of such be Valuation traditional land right loss, based on an annual crop cycle at market accommodated Committee will undertake valuation value to the extent Agricultural tenant/ of standing crops, possible leaseholder Compensation for trees based on timber value at perennial crops and market price, and compensation for perennial Work schedules trees, and finalize Sharecroppers crops and fruit trees at annual net product market will avoid compensation rates value multiplied by remaining productive years; to harvest season. in consultation with Non-Title Holders be determined in consultation with the Forest Seasonal crops APs. Department for timber trees and the Horticulture will be given at Squatter Department for other trees/crops. least 60-day notice. If notice cannot be given, compensation for standing crops will be compensated at market value. Market value of trees/crops has to be determined. Vulnerable 7 Impacts on All impacts Vulnerable APs One-time lump sum assistance of Rs. 25,000 to Vulnerable PIU will verify the vulnerable vulnerable households. This will be paid above households will be extent of impacts APs and over the other assistance provided in items 1- identified during through 100% a, 1-b, 2-a, 2-b, 3-a, 3-b, 3-c, 4-a, 4-b, 4-c, and 5. the census and surveys of AHs determine Receive preferential in income restoration training implementation of assistance, verify programme under the project. project.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Preference in employment under the project and identify during construction and implementation. vulnerable Access to basic utilities and public services households.
The PIU with support from the CSC and NGO11will 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 PIU and NGO in consultation with local training institutes. Temporary Loss 8 Temporary Land Legal titleholders Any land required by the Project on a temporary Assessment of Valuation loss of temporarily basis will be compensated in consultation with the impacts if any on Committee will 12 land required for Family with landholders. structures, assets, determine rental sub-project traditional land right Rent at market value for the period of occupation crops and trees value and duration construction of construction Compensation for assets at replacement cost due to temporary survey and 13 occupation. Restoration of land to previous or better quality . consultation with
11When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation. 12Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 13 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Location of construction camps will be fixed by APs. PIU will ensure contractors in consultation with Government and Site restoration. compensation is local community. paid prior to site being taken-over by contractor. Contractor will be responsible for site restoration. 9 Temporary Legal titleholders, 60 days advance notice regarding construction Identification of Valuation Committee disruption non-titled APs activities, including duration and type of alternative will determine income of livelihood disruption. temporary sites to lost. Cash assistance based on the minimum continue economic Contractors will perform actions to wage/average earnings per month for the loss of activity. minimize income/livelihood for the period of disruption, and income/access loss. contractor’s actions to ensure there is no income/access loss consistent with the EMP14. Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.15 Common Resources 10 Loss and Common Communities Replacement or restoration of the affected Follow ADB SPS PIU and Contractor. temporary resources community facilities – including public water stand impacts on posts, public utility posts, temples, shrines, etc. common resources Other 11 Any other - - Unanticipated involuntary impacts will be - PIU will finalize the loss not documented during the implementation phase entitlements in line identified and mitigated based on provision made in the RF. with ADB’s SPS, 2009.
14 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time. 15 For example assistance to shift to the other side of the road where there is no construction.
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Table-1(B): Entitlement Matrix for Kangchup-Tamenglong Section (Hill Area Non-Revenue Land with Community and Customary Right to Land) under SRCIP: Tranche-1
Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency Residential Structures16 1-a Loss of Residential Family with Replacement cost of the structure and other assets (or Compensation District residential structure traditional land part of the structure and other assets, if remainder is accounts for Collector/Deputy structure and other right viable) without depreciation; all taxes and Commissioner 17 assets . Fees, taxes, and other charges related to replacement fees and does shall determine the market value structure. not account of the structure for any Right to salvage materials from structure and other and add 100% assets with no deductions from replacement value. depreciation. solatium as One-time Resettlement allowance of Rs.50,000 per Vulnerable specified in affected household households LARR Act. One-time financial assistance of Rs.25,000 to the will be Valuation families losing cattle sheds for reconstruction identified committee will verify All displaced families will receive one time shifting during the replacement assistance of Rs.50,000 towards transport costs etc. census. value. PIU will Assessment Displaced families belong to Scheduled Caste (SC) and verify the extent Scheduled Tribe (ST) will receive additional one-time of viability of of impacts Rs.50,000 as subsistence allowance. remaining through a 100% Additional assistance to Vulnerable Households structure will survey of AHs be made in determine consultation assistance, verify with DPs and identify vulnerable households.
16 Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 17 Other assets include, but are not limited to walls, fences, sheds, wells, etc.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency 1-b Loss of Residential Tenants and Replacement cost of part/whole of structure constructed Structure Valuation residential structure leaseholders by the tenant/leaseholder without depreciation, and this owners will committee will structure and other will be deducted from the compensation amount of the reimburse verify assets owner. tenants and replacement value. PIU will Compensation for rental deposit or unexpired lease. leaseholders verify the extent rental deposit or Right to salvage materials (of the portion constructed by of impacts tenants or leaseholders) from structure and other unexpired lease. through 100% assets surveys of AHs One-time Resettlement allowance of Rs.50,000 per Vulnerable determine affected family households will assistance, One-time financial assistance of Rs.25,000 to the be identified verify and families losing cattle sheds for reconstruction. during the identify vulnerable All displaced families will receive one time Shifting census. households. assistance of Rs.50,000 towards transport costs etc.
Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 1-c Loss of Residential Non-Title Holders/ Replacement cost of structure constructed by the Vulnerable PIU will verify residential structure Squatters, squatter without depreciation households will the extent of structure and other Encroachers Right to salvage materials from structure and other be identified impacts through assets a 100% survey of assets during the census. AHs determine One-time Resettlement allowance of Rs.50,000 per assistance, affected family verify and All displaced families will receive one time shifting identify assistance of Rs.50,000 towards transport costs etc. vulnerable households. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households Commercial Structures
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency 2-a Loss of Commercial Family with Replacement cost of the structure and other assets (or Compensation Valuation commercial structure traditional land part of the structure and other assets, if remainder is accounts for committee will structure and other right viable) without depreciation. all taxes and determine assets Fees, taxes, and other charges related to replacement fees, and does replacement value. PIU will structure. not account verify the extent for any Right to salvage materials from structure and other of impacts assets with no deductions from replacement value. depreciation. through a 100% One-time Resettlement allowance of Rs.50,000 per survey of AHs affected family Vulnerable determine One-time financial assistance of Rs.25,000 to the households assistance, families losing shop for reconstruction of shop. will be verify and All physically displaced families will receive one time identified identify vulnerable shifting assistance of Rs.50,000 towards transport costs during the households. etc. census. Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 2-b Loss of Commercial Tenants and Replacement cost of part/whole of structure constructed Structure Valuation commercial structure leaseholders by the tenant/leaseholder without depreciation, and this owners will committee will structure and other will be deducted from the compensation amount of the reimburse determine assets owner. tenants and replacement value. PIU will Compensation for rental deposit or unexpired lease. leaseholders verify the extent land rental Right to salvage materials (of the portion constructed by of impacts deposit or tenants or leaseholders) from structure and other through a 100% assets unexpired lease. survey of AHs One-time Resettlement allowance of Rs.50,000 per determine affected family Vulnerable assistance, All displaced families will receive both: (i) One time households will verify and Shifting assistance of Rs.50,000 towards transport be identified identify vulnerable costs etc.; and (ii) monthly Subsistence allowance of during the households. Rs.3,000 for one year (total Rs.36,000) from the date of census.
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Type of Definition of Implementation Responsible S.N. Application Compensation Policy Loss Entitled Person Issues Agency award Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance. Additional assistance to Vulnerable Households 2-c Loss of Commercial Non-Title Replacement cost of structure constructed by the Vulnerable PIU will verify commercial structure