Social Monitoring Report

Semestral Report April 2015

IND: North Eastern State Roads Investment Program – Tranche 1

Assam

Prepared by the Public Works Department for the Ministry of Development of North Eastern Region and the Asian Development Bank.

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GOVERNMENT OF ASSAM SEMI ANNUAL REPORT ON LAND ACQUISITION AND RESETTLEMENT JULY TO DECEMBER 2014 AS-37C AND AS-11 North Eastern State Roads Investment Program (NESRIP), And MDONER Funded by: ADB Loan No.2770-.

Prepared and Submitted by: The Contractor: AECOM Asia Company Limited M/S BLA-SGCCL (JV) In Joint venture with Rodic Consultants Pvt. Ltd.

TTAABBLLEE OOFF CCOONNTTEENNTTSS

IIITTEEMM PPAARRTTIIICCUULLAARRSS PPAAGGEE NNOO

1.0 Background of the Project Road and Scope 02

2.0 Background of the Project Road and Scope 02

3.0 General Information on the Project 03

4.0 Information on Loan 03

5.0 Implementation of the Resettlement Activities 04-05

6.0 Overview of Impact 05-06

7.0 Land Acquisition Notifications 07-08

8.0 Resettlement Impact 08-10

9.0 Capacity Building 11

10.0 Resettlement Staffing 11-12

11.0 Resettlement Staff of PWD 12

12.0 Other Information Related to Implementation of Resettlement Plan 13-17

13.0 Resettlement Issues 18-20

14.0 Compliance to National Laws and Policies (Policy and Legal Framework 20-21

15.0 Compensation and Assistance 21

16.0 Issues and Action Plan 21

Schedules for Completion of Land Acquisition, Resettlement and 17.0 22 Rehabilitation Activities:

18.0 Conclusions 22

SEMI ANNUAL REPORT ON LAND ACQUISITION AND RESETTLEMENT

ABBREVIATIONS:

ADB - Asian Development Bank AFPRO - Action for Food Production AP - Affected Person APWD - Assam Public Works Department ARO - Assistant Resettlement Officer BPL - Below Poverty Line BSR - Basic Schedule Rate COI - Corridor of Impact CPR - Common Property Resource CSC - Construction Supervision Consultant DC - District Collector DPR - Detailed Project Report EA - Executing Agency GOI - GOA - GRC - Grievance Redressal Committee IR - Income Restoration LA - Land Acquisition LAA - Land Acquisition Act LVC - Land Valuation Committee NESRIP - North East State Road Investment Program NGO - Non- Government Organization NRRP - National Rehabilitation and Resettlement Policy NTH - Non- Titleholder PH - Physically Handicapped PIU - Project Implementation Unit PWD - Public Works Department R&R - Resettlement and Rehabilitation RO - Resettlement Officer ROW - Right of Way RP - Resettlement Plan SC - Scheduled Caste SPS - Safeguard Policy Statement ST - Scheduled Caste TH - Titleholder WHH - Women Headed Household

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1.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE:

1.01 Name of the Road – Kalitakuchi to (AS-37C) The objective of the projects under NESRIP is to develop the road network and establish improved road connectivity. The project road (AS-37C) between Kalitakuchi to Barpeta (58.50km) is proposed for improvement and upgradation. It passes through three districts i.e. Kamrup, and Barpeta and connects , the capital city of the state. The project road is an intermediate bituminous road with length of about 58.5km and the carriageway varies between 5.0 and 5,5 m. The road passes through the flood plain of . It takes off at Kalitakuchi from the State Highway between Hajo and Nalbari and ends beyond Barpeta enroute to Jania . The entire stretch passes through the densely populated area. The proposed road improvement involves acquisition of land. Residential and commercial structures, other assets, common property resources within the Corridor of Impact will also be affected. Figure 1:Location Map of AS-37C

2.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE : 2.01 Name of the Road – Bilasipara to Fakiragram (AS-11) The Project Road AS-11 is a State Highway and is a part or a place of the corridor among Kokrajhar, Fakiragram, Bilasipara and . The corridor provides connectivity to the thickly populated area in between Fakiragram and Bilasipara. Fakiragram is connected by road network and railway and connected to Kokrajhar and beyond to at NH-31 whereas on the lower end, Bilasipara is connected to Dhubri, both at NH-31 B. For all practical purposes, this Road Corridor is a link between NH-31 and NH-31B through the interior lower Assam plain of the State. The Project Road takes off from old NH-31 at Bilasipara. The road passes through plain terrain having flat gradient. The horizontal geometrics of the Project Road are easy without sharp and substandard curves. The embankment is low and almost entire length of the road gets submerged every year during monsoon period resulting in erosion of shoulders and disintegration of road pavement. The existing single lane road is now reduced up to 2 m width

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and in some stretches; the crust has been washed away altogether. The road passes through a number of villages enroute between Bilasipara and Fakiragram. Land use along the Project Road is predominantly agricultural but with stretches passing through road side villages and built-up areas. Total length of the Project Road as per design is 16.20 km. Figure 2:Location Map of AS-11

3.0 GENERAL INFORMATION ON THE PROJECT: 3.01 Name of the Project: IND: North East State Roads Investment Program. 3.02 Location: (i) Kalitakuchi to Barpeta (AS-37C) (ii) Bilasipara (NH-31) to Fakiragram (AS-11) 3.03 Total Length of the project road: (i) Kalitakuchi to Barpeta (AS-37C) = 58.50 km (ii) Bilasipara (NH-31) to Fakiragram (AS-11) = 16.20 km 3.04 Administrative Approval Value: 169.94 Crore 3.05 Component of the funds for the project: - Government of India share: 150.76 crore - State Share: 19.18 crore 4.0 INFORMATION ON LOAN: 4.01 Kalitakuchi to Barpeta (AS-37C) & Bilasipara (NH-31) to Fakiragram (AS-11)

- Loan number: ADB 2770- IND - Signing Date: 10.12.2012 - Effective Date: 10.12.2012 - Name of the Borrower: Ministry of Development of North Eastern Region - Name of the Employer: Assam Public Works Department - Name of the Bank: Asian Development Bank - Loan amount in various currencies equivalent to Indian Currency (Rupee): 169.94 crore

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5.0 IMPLEMENTATION OF THE RESETTLEMENT ACTIVITIES 5.01 Handed over sections Land free from encumbrance needs to be handed over to the contractor for fast and speedy execution of civil works. 5.02 Process An assessment is made of the ownership of the land based on the available revenue records. Subsequently a survey is undertaken of the land to determine the extent of impact. This appraisal is initiated with government land as it is less likely to have any impact and thus easier to hand over. On appraisal if no impacts are found on any Title- holder (TH) or Non-title holders (NTH) like encroachers or squatters, then it is deemed to be free from encumbrances. This is certified by the NGO engaged for implementation of the resettlement activities followed by a further assessment by the CSC through its Land Acquisition and Resettlement Specialist and then handed over to the contractor for initiation of construction activities. Since there is no NGO available for the resettlement activities, this activity is being done by the Resettlement Expert (RE) and further certified by the Resettlement Officer (RO) of the PWD.

The land is formally handed over to the contractor by the PWD. This methodology has been followed when handing over the stretches mentioned ahead. 5.03 Encumbrance Free Sections of AS- 37C:

The PWD has handed over a length of km 8.240 in this reporting period. Thus handing over a total of 36.069 Km of encumbrance free land to the contractor by 13/10/2014, vide letter no. CSC/BLA/SGCCL/2014/0749. This followed a process of proper verification/ certification by the NGO and then the CSC.

This is in addition to the 27.92 Km already handed over till June 2014.

Table: 1, Details of Land Handed Over to Contractor

Sl. No. Chainage Length From (Km) To (Km) Meter 1. 7+120 7+125 5 2. 8+190 8+400 210 3. 9+550 9+600 50 4. 11+060 11+160 100 5. 15+500 15+930 430 6. 16+400 17+200 800 7. 18+650 19+180 530 8. 20+630 20+720 90 9. 28+660 28+700 40 10. 30+790 34+780 3990 11. 34+790 35+000 210 12. 35+570 35+900 330 13. 36+550 36+880 330

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14. 37+220 37+350 130 15. 40+600 40+640 40 16. 41+480 41+580 100 17. 42+500 42+600 100 18. 43+200 43+950 750 19. 44+750 44+980 230 20. 45+450 45+950 500 21. 46+800 46+900 100 22. 51+110 51+210 100 23. 52+930 53+800 870 Say 10.035 Km 10035 Meter 1. 8+3190 8+365 175 2. 16+450 16+470 20 3. 31+028 31+118 90 4. 31+930 32+260 330 5. 33+085 33+140 55 6. 33+530 33+700 170 7. 34+560 34+780 220 8. 34+790 35+000 210 9. 35+570 35+595 25 10. 41+480 41+530 50 11. 43+910 43+950 40 12. 44+750 44+830 80 13. 45+450 45+680 230 14. 51+110 51+210 100 Say: 1.795 KM 1795 Meter Total = (A - B) 8240 Meter, 8.240km

Further stretches are being identified by the resettlement team that can be handed over to the contractor during the course of the verification survey. 5.04 Encumbrance free sections of AS-11 This sub project does not entail any LA and a preliminary assessment has shown that there are no resettlement impacts on any NTH or CPRs. There is ample road width available for construction. The entire stretch has been handed over to the contractor. The expected date of completion is March 2015. No RP has been prepared for this sub project. 6.0 OVERVIEW OF IMPACT 6.01 Land Acquisition Impact As per the data in the RP prepared for AS-37C, Land Acquisition was proposed for 45.60 ha and transfer of government land of 0.17 ha. Current data shows that the quantum of private land acquisition has been reduced to 29.74 ha and government land transfer requirement is now 11.55 ha. These details are being updated as and when the land acquisition proposals get finalised by the respective District Collectors. Further details of land acquisition are given in the following table:

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Table: 2, Details of Land Acquisition Patta Land Govt. land Status of Award (Required List transfer to PWD) District District length road Total (KM) handed Length Road to contractor over (KM) cases of LA No L K- B- Hact. Length (KM) of LA Length existing over required (KM) road L K- B- Hact. Length (KM) (I) of 6 of cases No made Declaration land rate of Average per Bigha Amount Estimate LA crores) in (Rs paid already Amount crore) in (Rs be paid to Balance crore) in (Rs for of Road Length Required RR handed for Ready over Submitted Approved Remarks

5 5 Nil Nil Nil (R) (R) 7.12 7.12 0.00 7.12 7.12 2.66 13.46 13.46 15.77 15.77 3.60L 3.60L Kamrup Kamrup 19-04-08 19-04-08 100-02-09 100-02-09 5

12 Nil Nil 8.26 8.26 8.89 6.91 3.15 0.50 23.67 23.67 13.25 5.247 10.06 0.79L 0.79L 16.170 16.170 Nalbari Nalbari 66-03-02 66-03-02 99-00-5.5 99-00-5.5 2.5,9,10,12/2011 made. made. 2.5,9,10,12/2011 Declaration for case no. no. case for Declaration 8 8 declaration is under process. process. under is declaration Nil Nil 13) 13) 3.03 3.03 3.14 0.00 0.00 5.19 4.15 1.04 For Nalbari distprocess for 6 (I) 6 (I) for distprocess For Nalbari 27.71 27.71 1.959 1.362 1.49L 1.49L 19.989 19.989 Barpeta Barpeta 3/ 2012- 3/ 2012- 3,7,8,14/ 3,7,8,14/ 00-00-00 00-00-00 2012- 13) 2012- 13) 22-03-1.5 22-03-1.5 4 (case no 4 (case no 1 (case

4 1

25 18 58.50 58.50 29.74 11.55 31.02 11.06 19.96 2.459 1.362 36.159 36.159 18.520 12.367 86-02-10 86-02-10 222-00-16 222-00-16 Data as per DPR 0.17 0.17 45.60 45.60

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7.0 LAND ACQUISITION NOTIFICATIONS

The land acquisition proposals upto Section 6 (i) has been finalized for all three districts of Kamrup, Nalbari and Barpeta. The validity period of these notifications under section 6(i) is two years from the date of publication. The processes under Sections 9 to 11 are to be completed within the next two years (Refer clause no. 11 A of the LA Act 1894). Hence if this process is not completed within these two years, the entire proceedings of the land acquisition will lapse. The validity period of these LA proposals of AS37C is upto 2016.

The Section 9 of the LA Act, 1894 refers to the “Notice to persons interested”, Section 10 is the “Power to require and enforce the making of statements as to names and interests” while Section 11 refers to the “Enquiry and Award by collector” or the Final award. The Land Acquisition Notifications finalized till December 2014 are as follows:

Table: 3, Status of Land Acquisition Notifications and validity

Sl. Name of LA Case Section 4 (I) Section 6(i) Validity of Section No. District No Notification Notifications 6(i) Notifications Dates 1 Kamrup (Rural) 4/- 2012 22.12.2014 Kamrup (Rural) 5/- 2012 21.12.2016 Kamrup (Rural) 6/- 2012 30/12/2013 23.12.2014 Kamrup (Rural) 7/- 2012 22.12.2016 Kamrup (Rural) 8/- 2012 2 Nalbari 1/- 2011 28/05/2013 2/- 2011 29/04/2013 26.12.2014 24.12.2016 3/- 2011 28/05/2013 4/- 2011 28/05/2013 5/- 2011 28/05/2013 6/- 2011 28/05/2013 7/- 2011 28/05/2013 8/- 2011 28/05/2013 9/ - 2011 28/05/2013 26.12.2014 24.12.2016 10/- 2011 24/04/2013 11/- 2011 28/05/2013 12/-2011 28/05/2013 3 Barpeta 3/-2012 26/06/2013 29.05.2014 28.05.2016 4/-2012 26/06/2013 29.05.2014 28.05.2016 6/-2012 08/12/2013 29.05.2014 28.05.2016 7/-2012 26/06/2013 29.05.2014 28.05.2016 8/-2012 26/06/2013 29.05.2014 28.05.2016 9/-2012 26/06/2013 29.05.2014 28.05.2016 10/-2012 26/06/2013 29.05.2014 28.05.2016 14/-2012 26/06/2013 29.05.2014 28.05.2016

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The details of the validity period of the section 6(1) notifications in the three districts is given in the following Table 2. If the Final award is not declared within the next two years of the publication then the entire process will lapse and will have to be redone as per Section 11A of the Land Acquisition Act, 1894 as follows:

“11A. Period shall be which an award within made. - The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceeding for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the award shall be made within a period of two years from such commencement. Explanation - In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded.”

8.0 RESETTLEMENT IMPACT The resettlement and rehabilitation framework of the project have been evolved from the ADB’s SPS, 2009, relevant national, state and departmental policies. The implementation of the R & R Provisions of the project is governed by this framework developed.

As per the RP there are a total number of 1529 affected households in the three districts of Kamrup, Nalbari and Barpeta.

Table: 4, Number of Displaced households and Project Affected Persons

District Families DPs Nalbari 516 2274 Barpeta 662 2442 TOTAL 1178 4716 Source: Consultant Field Team, 2008-09

The NGO during this reporting period did not do any verification and was terminated in August 2014. The PWD team started it’s verification exercise from September. Survey work to ascertain the extent of impact has been undertaken by the Resettlement team in the districts of Nalbari and Barpeta. This assessment was done to evaluate the impact on the NTHs –both squatters and encroachers as well as the impact on the CPRs on government land only. The verification exercise for patta land/private land will be done once the award list is finalized.

Table: 5, Details of Squatters, Encroachers and CPRs (district wise)

Sl. Total no of Total no of District Total CPRs TOTAL No Squatters Encroachers 1 Barpeta 36 29 65 09 74 2 Nalbari 02 31 33 01 34 TOTAL 38 60 98 10 108 Page 8 of 22

SEMI ANNUAL REPORT ON LAND ACQUISITION AND RESETTLEMENT

The Survey team undertook the verification exercise for only Nalbari and Barpeta districts as there is no government land is available in . The total length verified in the two districts of Nalbari and Barpeta is 4.092 Km.

The Survey/Resettlement team of the PWD has verified 117 structures so far and on further verification it has been ascertained that only 108 structures will be impacted. These include 38 HHs that are classed under squatters while 60 HHs are classed as being Encroachers. There are 4 HHs that are categorized as vulnerable encroachers in Barpeta. These 4 HHs are vulnerable on account of being WHHs.

There are 10 CPRs that are likely to be impacted. The verification process is ongoing and is expected to be completed by end of January 2015

Table: 6, Implementation Status of Key Activities

Activity Current Status Date/ Period Development of Completed 30TH November 2014 checklist for joint verification Verification of Only 450 APs have been identified* - titleholders Verification of non- Ongoing 31st January 2015 titleholders Verification and joint Ongoing 31st January 2015 measurement survey Preparation of the Ongoing 31st March 2015 for the updated list of NTHs Affected Persons Calculation of Ongoing. 6(i) completed for all three replacement cost of districts by 30th December land The calculation as per the requirements of 2014 Marking and valuation the Section 6(i) of the LA Act of 1894 for Ongoing expected to be of affected structures all three districts is completed and completed by February published. Revisions are being made to 2015 for NTHs . Calculation of update the calculations as per the new Act. Completed for THs by 30th replacement value of The state government has directed it’s December 2014 affected structure District Collectors to do so at the earliest.

Information Information Dissemination is an ongoing The Translated EM was dissemination and process. distributed on site vide distribution of R&R meetings held with the policy The EM is distributed community from 5.01.2013 to 23.01.2013

The translated EM has also been uploaded on website of Assam PWD.

The RP for AS-37C is also uploaded on the APWD Website. Page 9 of 22

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Preparation of Micro- In preparation by the PWD resettlement The Micro-plan for NTHs Plan team will be completed by 15th March 2015 Distribution of Approved by PD and sent by RO for December 2014 Identity Cards printing. Disbursal of R&R Yet to be done - assistance Training and needs Yet to be done - assessment of the APs for income restoration Consultation with In progress - Affected Persons Public Consultation 20 formal meetings were conducted in July- December, 2014 this period. A number of informal meetings and one to one meetings have also been undertaken but are not recorded. * As stated by the NGO in it’s reports which was negated during joint verification with PWD

8.01 Relocation of Common Property Resources (CPRs) As per the data in the RP, it was assessed that approximately 152 Common Property Resources (CPRs) including Government properties are likely to be impacted. Once the NGO was terminated in August 2014, the PWD team took over the assessment of the impact on site. Current evaluation by the resettlement team of the PWD finalized an impact on 10 CPRs. This included 09 in the and one in . The Impact on the Masjid at Adabari village, Nalbari district at chainage 8+318 km to 8+345 km is still a matter of concern and hence a number of consultation meetings have been organized at this location from time to time by the IA (APWD) along with the CSC and the resettlement team of the PWD. The masjid committee members along with the local community was consulted on the way forward to ensure that the impact on the main structure is minimised. The consultation meetings with the community came up with the following queries:

a) As the requirement of widening is more for improvement of the curve as explained by the PWD team, the locals requested for minimising the requirement of land which was explained to them that only whatever was necessary would be undertaken. b) The locals also requested if the drains could be taken under the structure to which the PWD personnel informed them that it was not possible, but care would be taken to reduce the width. c) The community requested that as the structure has been constructed with the contribution of the poor and the marginalized people and a lot of religious sentiment is attached to it, hence care should be taken to minimise the impact on the main structure.

For this reason, it was concluded that work at this locale would not be undertaken till a unanimous opinion based on technical and social feasibility is concluded by all the stakeholders involved.

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9.0 CAPACITY BUILDING

9.01 Training of the Resettlement Staff of the PWD

The capacity building of the Resettlement Staff of the PWD is very crucial for the successful implementation of the resettlement activities and hence intensive training capsules on the processes is required. This is especially very important as this group has been involved in resettlement and rehabilitation activities for the first time. This group was trained on the methodology of undertaking a census survey and the process of verification of impacts. These class room trainings were followed up with on site assessments. The site assessments have helped the field team to operationalize and create a better understanding of the information gathered. The land acquisition and Resettlement specialist of the CSC, Dr. Sharmila Singh has been providing on site and class room trainings to the stakeholders involved in the implementation of the project. A number of class room trainings followed up by on site demonstration with the two NGOs along with the resettlement staff of the state PWD have been organised. 9.02 Details of Training 30th October 2014, a training programme was organized at the CSC related to NGO activities for the survey team from the PIU at the CSC office. 1st November 2014, a training programme was organized related to NGO Activities for the Survey team from the PIU at the CSC office. 3rd November 2014, a training programme was conducted at the CSC related to NGO Activities for the survey team from the PIU at the CSC office. 10.0 RESETTLEMENT STAFFING

The PIU has its own Resettlement Unit with at least one full time Resettlement Officer for the duration of resettlement activities. The PIU has also appointed a Resettlement Expert assist the PIU in Resettlement activities. The NGO and the CSC’s staff form part of the setup.

10.01 NGO appointment:

AFPRO was appointed on 8th November, 2012 vide Letter No. CE/NEC/ADB/140/12-13/1 to assist PIU in RP implementation but the resettlement activities could not be fully implemented due to unsatisfactory performance of it and also due to non- disbursement of fund to the agency. It withdrew it’s services on 4th December, 2013 vide Letter No. ATFG/NESRIP/13- 14/62.

SAI International Sansthan, engaged on 17th January 2014 vide Letter No. CE/NEC/ADB/140/12- 13/61, who probably needs support and guidance in implementing the resettlement activities.

10.02 Termination of NGO Since the NGO unable to undertake the RP Implementation activities as per the work plan, SAI International Sansthan was terminated on 28th August 2014, vide Letter No. CE/NEC/ADB/140/12- 13/ pt- 1/21.

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10.03 Survey Activities by the Designated Resettlement Team of the PWD

The Resettlement team which was appointed by the PWD began the verification exercise from 26.09.2014 at the Barpeta district at villages Khongra, Kukarpar, Garemari, Mazdia, Bhella, , Barbila, Garemari. This team went through an intensive training on the methodology of undertaking a Detailed Measurement survey, the tool for collecting the data, the assessment of impact and the classification of impact based on the ownership and usage. The team was further trained on the need for community consultation and the methodology of undertaking community consultation individually as well as in a group. The need for sensitivity to the needs of the people losing their assets irrespective of the ownership. The team was also sensitised on some terminologies like Replacement Cost, Title Holders and Non Titleholders, Entitlement Matrix etc. These trainings were a mix of classroom as well onsite capacity building sessions.

20 Consultation meetings were organized by the PIU survey team and a proper documentation has been done for the same. The consultation meetings that were organised raised queries on assessment of impact , compensation calculation and the scheduling of the compensation payment. Queries were also raised on the methodology of raising a grievance and the functioning of the GRC.

11.0 RESETTLEMENT STAFF OF PWD

11.01 Appointment of Resettlement Officers (ROs)

The state PWD has identified relavent staff for successful implementation of the resettlement plan and its related activities. For this a designated Resettlement Officer has been identified and is notified. He will be the link between the NGO, PWD and the CSC.

Mr. Mazibur Rahman, Asstt. Executive Engineer, PWD Guwahati NEC Sub- Division who has been appointed as the new Resettlement Officer for NESRIP Project (Tranche- I Road) on 25.03.2014, with vide Letter No: CE/NEC/ADB/31/11- 12/ Pt- I/14. Due to his workload a new RO, Mr Diganta Gogoi has been appointed to succeed him.

Mr. Diganta Gogoi, Asstt. Engineer, PWD Guwahati NEC Division has been appointed as the new Resettlement Officer for NESRIP Project (Tranche- I Road) on 19.12.2014, with vide Letter No. CE/NEC/ADB/31/11- 12/Pt- I/20

11.02 Appointment of Assistant Resettlement Officers (AROs)

Mr. Ataur Rahman was appointed as (Social Safeguard) Land Acquisition Specialist for PIU on 26/11/2012 vide Letter No. CE/NEC/1/92/pt-1/ 138. This was so done to facilitate the activities related to Land acquisition. The Assistant Resettlement Officers were appointed on 20.10.2014, vide Letter No. SE/NEC/Tech/261/Pt- II/1607-18. These officers along with the the assistant field staff were designated to undertake the resettlement activities along with the assistance of the Resettlement expert of the CSC. The assistant field staff were appointed on 09.09.2014, vide Letter No. EE/NEC/TB- 301/2729- 36.

The department has also been trying to identify resources from the revenue department who could be hired for facilitating the land acquisition process for the project.

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11.03 Appointment of Resettlement Expert (RE)

Ms. Pallavi Mudoi was hired for an initial 6 months from March, Vide Letter No. CE/NESRIP/ADB/190/13- 14/9, dated: 01/03/2014. An extension of 6 months has been requested upto March, 2015 The approval is awaited

11.04 Social Experts of the CSC

The CSC has two social experts namely the a) Land Acquisition and Resettlement Specialist and b) the Socio Economic Impact Monitoring specialist.

The LA and R&R expert works in close coordination with the PWD team of resettlement and Land acquisition as well as of the NGO and assists them on all such matters thereof. The role of the specialist is to assist and provide guidance to the NGO and state PWD on matters related to resettlement and land acquisition. The socio economic monitoring specialist looks after all social impact planning and monitoring. She works as the internal monitor for the project assessing the extent of socio economic impacts of the project on the lives of people.

12.0. OTHER INFORMATION RELATED TO IMPLEMENTATION OF RESETTLEMENT PLAN 12.01 Functioning of GRC

The RP will have a mechanism to ensure that the benefits are effectively transferred to the beneficiaries and will ensure proper disclosure and public consultation with the displaced population. However, need also exists for an efficient grievance redressal mechanism that will assist the APs in resolving queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The GRCs are expected to resolve the grievances of the eligible persons within a stipulated time. The decision of the GRCs is binding, unless vacated by court of law.

The Grievance Redressal Committee (GRC) has been notified constituted at PIU level in order to assist the Displaced Persons (DPs) in resolving queries and complaints. The GRC has been notified with vide GO dated GO No. NEC. 12/2013/10 on 25th July, 2013.

The committee comprises PD, RO, representative from local NGOs, elected representative from Zila Parishad, representatives of Displaced Persons (DPs) including vulnerable groups and women in the committee. The GRC will meet at least once in three weeks to resolve the pending grievances, if any.

Apart from setting up of the GRC , Grievance registers have been placed at the circle offices of the PWD for recording any complaint from the public.

The first GRC meeting was held at the Mukalmua PWD Inspection Bungalow on 16th September 2014. This meeting was presided over by the Project Director, Mr. B.K. Das and attended by other senior officers from PWD. This meeting was attended by local people from all three districts of Kamrup, Nalbari and Barpeta. The main concerns

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raised during the meeting was on the road safety issues,land acquisition and compensation. The specific queries raised were as follows:

 Representatives from Kamrup district expressed their concern about land acquisition processes and the compensation due to them.  Specific concerns were raised about road safety issues on sections where construction was ongoing. Apprehension was also expressed regarding the enhanced air pollution due to the minimal use of water sprinklers.  Questions related to the methodology of minimisation of Impact on CPRs especially those that were of religious importance were raised.  The process of determination the compensation amount of different types of impact was inquired about.

The PD , Mr. BK Das; Executive Engineer, Mr. Ratul replied to queries and told the assembled public that their concerns would be addressed as far as possible and in case their apprehensions were not addressed, they could give written applications to them directly. They also informed that grievance registers are kept at each circle office and people could register their complaints there too.

Photographs attached as Annexure –I.

12.02 Functioning of LVC

A Land Valuation Committee (LVC) will be established headed by a senior officer from the land revenue department at state/ district level and include representatives from department of agriculture, forest, horticulture, representatives from the Zilla Parishad, local panchayats of Displaced Persons, independent valuer engaged by EA, local NGO representatives and RO/ representative from the PIU. This committee will not operate for full time and will be functional at the time of finalization of RP budgets and during land acquisition. Land valuation committee for all three districts have been established as follows:

LVC Notification for Kamrup was notified on vide Letter no: NEC/12/2013/7 dated 17th July 2013, The LVC Notification for Nalbari was notified on vide Letter no: NEC/12/2013/9 dated 17th July 2013 and the LVC Notification for Barpeta was notified on vide Letter no: NEC/12/2013/8 dated 17th July 2013.

12.03 LVC Functioning

These LVCs have been meeting every month and are instrumental in finalisation of the RP budgets in each of these three districts. Representation from different line departments like horticulture, fisheries, agriculture etc along with the revenue and the PWD.

12.04 Stakeholder Consultations

Stakeholders may be defined as groups or categories of people who directly and demonstrably gain or lose rights and/or resources through development operations, and this includes government agencies, nongovernmental organizations and donor organizations. Stakeholders have a substantial and normally a material interest in the outcome of a decision or operation Page 14 of 22

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(see Drake 1989). Groups or individual stakeholders can be determined by a number of criteria (e.g. by class, gender, ethnicity, race, age, occupation, etc.).

A necessary condition for successful community consultation is sound stakeholder analysis, in order to identify and understand the subgroups within the population to be consulted, relations of power among these subgroups, and the extent to which community organizations represent all interest groups.

Consultations were organized at different locations along the project stretch to gauge the local sentiment of those likely to be impacted. Information collected during consultation has been shared with environmental and technical team. Suggestion obtained from people and their representatives have been analyzed based on technical and economic merits.

Final decisions of engineering design team on alternative alignments, location of pedestrian crossing, location of enhancement of community properties will be conveyed to the people. Wherever possible PAPs suggestion would be incorporated final design.

The resettlement team of the PWD is undertaking intensive consultation meetings with the affected families as well as with the affected population in general. These consultation seesions were done on both individual level as well as in groups.

Major findings related to key issues such as: land acquisition, compensation for land and structures, alternative alignments, general perception about the project, suggestions to mitigate hardships resulting from dislocation and loss of livelihood, resettlement options, perception about HIV/AIDS awareness, CPR requirement etc. are presented with highlights of important consultations are mentioned in table below.

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Table :7, Details of Consultation Sl. Location (Location Participants Chainages Discussions No. and Date) 1. Bhella Village in Shopkeepers and Km 48+403 to Km Issues: Barpeta District. common Villagers- 48+440 1. When will they get the compensation. Date: 27/11/2014 A total of 11 2. When will the construction of the road start. participants. Suggestions/ Feedback: 1. The compensation will be given to the affected families after the preparation of Micro plan. 2. The construction is going on the handed over stretches. On acquired land the construction will start once the award list is finalized.

2. Kukarpar village in Common Villagers- Km 33+520 to Km Issues: Barpeta District. A total of 12 33+643 1. The public raised the question whether their house will be Date: 28/11/2014 participants. demolished first or will they get the compensation first. 2. The public wanted to understand what is the difference between the words “Squatter” and “Encroacher”. 3. Some people wanted to know about what they can do if they have some problem during the construction of the road.

Suggestions/ Feedback: 1. The affected families will get the compensation first. 2. The people were provided a copy of the translated EM which also gives the definition of the Squatters and encroachers. 3. The mechanism of the GRC was explained to the public and were told of the registers that are kept at the circle officers of the PWD.

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3. Barbila village in Common villagers- Km 45+485 to Km Issues: Barpeta District. A total of 7 45+556 1. The public raised the question whether they are going to get any Date: 01/12/2014 participants. extra benefit other then the compensation. 2. Another question which was raised by the public was whether they will get the Zirat or not. Suggestions/ Feedback: 1. The affected families were told about the skill development training given in the Entitlement Matrix for the eligible persons. These trainings shall be imparted as per the government sponsored programmes. 2. The people were provided a copy of the translated EM so that they are aware of the entitlements due to them as per impact. 3. The public was made aware that they will not get the Zirat if they are on/ residing/ occupying government land.

4. Mazdia village in Common villagers Km 31+973 to Km Issues: Barpeta District. residing in the 31+993 1. When will they get the compensation. Date: 03/12/2014 vicinity of the Suggestions/ Feedback: Masjid- A total of 8 1. The compensation will be given to the affected families after the participants. preparation of Micro plan. 5. Khongra village in Shopkeepers and Km 34+762 to Km Barpeta District. common villagers- 34+798 No questions/ Problems were raised by the villagers from this chainage. Date: 04/12/2014 A total of 8 participants. 6. Khongra village in Common villagers- Km 35+565 to Km Issues: Barpeta District. A total of 6 35+592 1. The public was whether they will get the Zirat or not. Date: 04/12/2014 participants. Suggestions and Feedback: 1. The public was made aware that they will not get the Zirat if they are on/ residing/ occupying government land.

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13.00 RESETTLEMENT ISSUES

13.01 NGO AFPRO and SAI International Sansthan (i) Lack of Capacity of the NGO’s appointed

The NGO (AFPRO) was engaged by Executing Agency on 8th November, 2012 vide Letter No. CE/NEC/ADB/140/12-13/1 to assist PIU in RP implementation but the resettlement activities could not be fully implemented due to unsatisfactory performance of it and also due to non- disbursement of fund to the agency. So it has already withdrawn its activity. The CSC is working closely with the newly appointed NGO, SAI International Sansthan, engaged on 17th January 2014 vide Letter No. CE/NEC/ADB/140/12- 13/61, who probably needs support and guidance in implementing the resettlement activities.

On site visit and meeting with the team of investigators from the NGO, it was found that they understand their work and are eager to render the best service at their level. These local young men (some are students) need proper guidance for the work. They conveyed that they are not paid for the last three months; for carrying out the work they have paid from their own pocket, they do not have a camera for using at the site. Now it has become difficult for them to continue the job properly. Hence, it is advised that the KPs of the NGO be deployed at the site immediately so that work can be executed under their expert guidance. Coordination meetings have also being organized(30th April, 2014 and 20th May2014) so that all three partners work with the same understanding and are able to resolve issues faced at site.

Due to the failure of the NGO to undertake work effectively it was terminated

13.02 Termination of NGO and establishment of a new Institutional set up for implementation of RP

Due to the incapacity and inability to effectively undertake the RP Implementation activities as per the work plan, SAI International Sansthan was terminated on 28th August 2014, vide Letter No. CE/NEC/ADB/140/12- 13/ pt- 1/21. This was preceeded by written communication by the PWD to the NGO asking them to ensure the mobilisation of it’s KPs on site as the site team was too junior and inexperienced to handle the site activities of such sensitive nature. The PWD also asked the NGO to submit the reports regularly which was not happening. Also the EE and the SE during their site visits did not find the site team of the NGO and hence pointed out this to the TL of the NGO. Coordination meetings were also held with the CSC and contractor staff to help iron out problems, but inspite of these efforts the NGO failed to complete the tasks assigned and was terminated as the last resort.

An approval to terminate the NGO and undertake the implementation of resettlement through designated officers from within the PWD was sought from the ADB, which was received from ADB on 22.08.2012. Sub-sequentially a team from PWD was nominated to undertake the resettlement activities with the assistance of the Land acquisition and Resettlement specialist of the CSC, Dr. Sharmila Singh. This team has been functional from September 2014. Page 18 of 22

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13.03 New Land Acquisition Act: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The new act has been enacted with the aim to ensure in consultation with the institutions of local governance a humane, participative and informed process of land acquisition and help make the affected persons become partners in development. Subsequently leading to an enhancement of their social and economic status.

In the new act there has been a paradigm shift in the way the process of land acquisition and the means of calculating the compensation amounts is to be addressed. A majority of the people are not aware of the processes and methodologies required to be undertaken for implementing the new act. There is a lack of understanding on the applicability of the new act on the proposals that were initiated before December 31st 2013 under the old LA Act of 1894. The section 24 needs further clarification and hence it is advised that capacity building on the process of the new Land acquisition Act should be undertaken at the earliest.

Also the estimates for compensation will have to be revised as per the provisions of the new act which has come into being from 1st January 2014.

Meetings were organised to understand the reasons for delay in the section 6(i) notifications with the district collectors of Nalbari and Kamrup. These one to one meetings with the DCs and their teams helped expedite the publication of the Land acquisition proposals.

13.04 Claim Resolving

(i) No claims have been raised as Land acquisition is progress. The final award list is yet to be prepared. The survey for the NTH is underway and the report to be prepared is in process.

(ii) The compensation amount for land acquisition has been deposited to the concerned DC’s for both Nalbari and Barpeta Districts. The estimates of Kamrup disrtict is still being finalized.

As per the RP, the estimated budget was Rs.37.24 crores for all LA and R&R activities but the amount required for covering the land acquisition costs for just the two districts of Nalbari and Barpeta is Rs. 15.06 crores. This amount is far more than what was estimated in the RP. Also there will be an additional requirement as per the calculations as per the New Land Acquisition Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Table: 8, District wise breakup of the compensation amount with dates

District Amount Date Kamrup (Rural) 157703765.00 31/03/2014 Nalbari 100543354.00 31/03/2014 Barpeta 51878549.00 31/03/2014 TOTAL 11,05,78,547.00

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A total amount of Rs. 15.06 crores is required currently to cover the land acquisition costs for the two districts of Nalbari and Barpeta. There is a shortfall of Rs. 4 crores (Rupees Four crores) that will be required to cover the land acquisition costs of the two districts. The compensation amount for land acquisition for Kamrup is still to be deposited as the assessment for the district is not yet been finalized. An additional amount will also be required to cover the R&R Assistance. This amount can be finalized once the survey of the affected persons is complete. The final sum can be ascertained once the processes are complete.

13.05 Resettlement Monitoring

The Project implementation will closely be monitored to provide the PIU with an effective basis for assessing resettlement issues, if any. The extent of monitoring activities, including their scope and productivity, will be commensurate with risks and impacts of the subprojects.

Monitoring will involve: (i) administrative monitoring to ensure timely implementation and problem solving; (ii) socioeconomic monitoring during and after any resettlement impact utilizing baseline information established through the socioeconomic survey of Displaced Persons (DPs) undertaken during subproject preparation; and (iii) overall monitoring to asses Displaced Persons (DPs) status. The EA is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance.

ADB will require the EA to:

 Establish and maintain procedures to monitor the progress of implementation of safeguard plans  Verify compliance with safeguard measures and their progress toward intended outcomes  Document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports  Follow up on these actions to ensure progress toward the desired outcomes  Retain qualified and experienced external expert to verify monitoring information for projects with significant impacts and risks  Submit periodic monitoring reports on safeguard measures as agreed with ADB.

The PIU monitoring will include daily planning, implementation, feedback and troubleshooting, maintenance of individual file for each AP, community relationships, dates for consultations, number of appeals placed and progress reports. The PIU will provide monitoring report to ADB on a semi annual basis. Additionally, ADB will monitor projects on an ongoing basis until a project completion report is issued.

14.0 COMPLIANCE TO NATIONAL LAWS AND POLICIES (POLICY AND LEGAL FRAMEWORK)

The policy framework and entitlements for the program are based on following laws:

 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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 The Land Acquisition Act, 1894 (amended in 1984)  The National Resettlement and Rehabilitation Policy (NRRP), 2007  The State Land Acquisition (LA) Act  The entitlement benefits as listed in the National R&R Policy, (Government of India) 2007 and the Assam State Roads Resettlement & Rehabilitation Policy, 2004.  Asian Development Bank’s (ADB) Safeguards Policy Statement (SPS, 2009).

15.0 COMPENSATION AND ASSISTANCE

In accordance with the involuntary resettlement principles set forth above, the identified affected persons will be entitled to a combination of compensation packages and resettlement assistance depending on the of ownership rights on lost assets, and scope of the impacts including socioeconomic vulnerability of the affected persons and measures to support livelihood restoration if livelihood impacts are envisaged. The original amount as envisaged in the RP for land acquisition and resettlement was 37.24 crores but will now have to be revised as per the fresh estimates.

16.0 ISSUES AND ACTION PLAN

Design modification of the Road alignment is in progress as per the site conditions to minimized impacts in heavily built up areas and the RP will be updated accordingly. This process and its implementations are being attended by the Land Acquisition and Resettlement Specialists of both the PWD and the CSC. Solutions are being arrived at keeping in mind the technical feasibility as well as the need to minimize the resettlement impact.

16.01 Other issues that need to be addressed at the earliest are as follows:

a) The survey for the assessment of impact needs to be completed at the earliest for ascertaining the final compensation amount. b) The land acquisition process needs to be expedited by the state machinery to enable faster assessment of impact and calculation of the compensation amount. c) The confirmation and publication of the final award list and subsequent payment of compensation to the affected families will expedite the process of handing over of land to the contractor d) Capacity building sessions need to be organised on the requirements of the New Land Acquisition Act: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 e) The LA and R&R Expert of the CSC should provide support to the resettlement team of the PWD as much as possible as they are very new to the processes involved in implementing a Resettlement Plan. f) The frequent changes of the officers who are part of the resettlement team should be avoided.

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17.0 SCHEDULES FOR COMPLETION OF LAND ACQUISITION, RESETTLEMENT AND REHABILITATION ACTIVITIES:

Table: 9, Details of Future Activities Reset. Completion Contract Note Activity date 1) Final Award to be completed for all three Districts at the earliest 2) The balance compensation amounts need to be made available for the three districts at the earliest 3) The payments made to the district collectors of Nalbari Land and Barpeta need to be utilized. This will expedite the On Going Acquisition process of handing over of balance land to the contractor 4) Capacity building sessions on the new Land acquisition Act, 2013 for the IA and revenue officials. 5) Follow up with Revenue officials at both the state and district levels to expedite the process of payment to the affected families- immediate AS-37C 1) R&R survey for NTHs to be completed by end January 2015 by the Resettlement team of the PWD 2) Micro plan to be finalized by second week of February 2015 3) ID cards to be distributed by 31ST March 2015 Resettlement 4) Calculation of replacement cost of structures being Rehabilitatio On Going impacted of the NTH to be completed by second week n activities of February. 5) Disbursement of assistance for NTHs by second week of April 2015 6) Consultation with affected population will be done on a continuous basis.

18.0 CONCLUSIONS The report confirms that the Project under the Tranche-I will have adverse social impacts associated with land acquisition and resettlement and it is expected that it will benefit the local residents and the users of the highway after the completion of the Project.

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Annexure- I: Photographs