Resettlement Plan June 2011 IND: Bihar State Highways II Project Updated Resettlement Plan for SH-78 (Bihta–Sarmera Subproject) Prepared by Bihar State Road Development Corporation, Government of Bihar for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 29 June 2011) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0222024867 $1.00 = Rs 45.040000 ABBREVIATIONS ADB – Asian Development Bank AP – affected person ARO – Assistant Resettlement Officer BPL – below poverty line BSR – basic schedule of rates BSRDC – Bihar State Road Development Corporation CPR – common property resources CSC – construction supervision consultant DC – District Collector DGM – Deputy General Manager DP – displaced person DPR – detailed project report EA – executing agency EE – Executive Engineer FGD – focus group discussion GoI – Government of India IA – implementing agency IP – indigenous peoples IR – involuntary resettlement LAA – Land Acquisition Act LAP – land acquisition plan MD – Managing Director NGO – nongovernment organization NRRP – National Rehabilitation and Resettlement Policy OBC – other backward castes PIU – Project Implementation Unit PMU – Project Monitoring Unit RC – resettlement cell R&R – resettlement and rehabilitation RF – resettlement framework RO – Resettlement Officer ROW – right of way RP – resettlement plan SC – scheduled caste SPS – ADB Safeguard Policy Statement ST – scheduled tribe TOR – terms of reference NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. TABLE OF CONTENTS EXECUTIVE SUMMARY iv CHAPTER 1: PROJECT DESCRIPTION 1 1.1 Introduction 1 1.2 The Project Road and its Components 1 1.3 Profile of the Project Area 2 1.4 Subproject Impacts and Benefits 2 1.5 Project Components 4 1.6 Minimizing Resettlement 5 1.7 Scope and Objective of Resettlement Plan 6 CHAPTER 2: METHODOLOGY FOR IMPACT ASSESSMENT 7 2.1 Resettlement Screening 7 2.2 Land Acquisition Planning 7 2.3 Census Survey and Inventory of Assets 7 2.4 Public Consultation 8 CHAPTER 4: SOCIOECONOMIC INFORMATION AND PROFILE 9 3.1 Socioeconomic Profile of Project Area 9 3.2 Social Categories of the DPs 10 3.3 Religious Categories of the DPs 10 3.4 Number of DPs 11 3.5 Number of DPs of Various Categories 11 3.6 Vulnerable Households being Affected in the Subproject 11 3.7 Annual Income Level of the Affected Households 12 3.8 Educational Status of DPs 12 3.9 Occupational Status of DPs 13 3.10 Impact on Indigenous People 13 3.11 Gender Impact 13 CHAPTER 3: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 16 4.1 Scope of land Acquisition 16 4.2 Loss of Land 16 4.3 Loss of Structures in the Subproject 18 4.4 Impact on Private Trees 20 4.5 Loss of Livelihoods 20 4.6 Loss of Community Property Resources 21 4.7 Summary Subproject Impacts 22 CHAPTER 5: STAKEHOLDERS CONSULTATION AND PARTICIPATION 23 5.1 Stakeholders in the Project 23 ii 5.2 Public Consultation in the Project 23 5.3 Methods of Public Consultation 23 5.4 Scope of Consultation and Issues 23 5.5 Findings of the FGD 24 5.6 Consultation with Officials and Other Stakeholders 25 5.7 Plan for further Consultation in the Project 26 5.8 Information Disclosure 27 CHAPTER 6: LEGAL FRAMEWORK 29 6.1 Introduction 29 6.2 Land Acquisition Act 1894 29 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 30 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 32 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement 33 6.6 Policy Framework for this Project 35 6.7 Methodology for Determination of Valuation of Assets 37 6.8 Procedure and Steps of Land Acquisition 38 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 39 7.1 Definition of DPs and Eligibility 39 7.2 Entitlements 41 7.3 Entitlement Matrix 41 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 45 8.1 Basic Provision for Relocation 45 8.2 Need for Relocation 45 8.3 Magnitude of Physical Displacement in the Subproject 45 8.4 Relocation and Compensation Option by DPs 46 8.5 Relocation Strategy 46 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 48 9.1 Loss of Livelihoods in the Subproject 48 9.2 Provisions for Loss of Livelihood 48 9.3 Income Restoration Measures 49 9.4 Additional Support from Ongoing Poverty Reduction Programs 50 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 51 10.1 General 51 10.2 Compensation 51 10.3 Assistance 52 10.4 Compensation for Community and Government Property 52 10.5 RP Implementation and Support Cost 52 10.6 Source of Funding and Fund Flow Management 53 iii 10.7 R&R Budget 53 CHAPTER 11: Grievance Redress Mechanisms 55 11.1 General 55 11.2 Grievance Redress Mechanism 55 11.3 Constitution and Function of the GRC 55 11.4 Operational Mechanisms of GRC 55 CHAPTER 12: INSTITUTIONAL ARRANGEMENTS 57 12.1 Institutional Requirement 57 12.2 Executing Agency 57 12.3 Project Management Unit (PMU) 57 12.4 Project Implementation Unit (PIU) 57 12.5 Non Government Organization (NGO) 58 12.6 Capacity Building on RP in the EA 59 CHAPTER 13: IMPLEMENTATION SCHEDULE 61 13.1 Introduction 61 13.2 Schedule for Project Implementation 61 13.3 R&R Implementation Schedule 61 CHAPTER 14: MONITORING AND REPORTING 63 14.1 Need for Monitoring and Reporting 63 14.2 Monitoring in the Project 63 14.3 Stages of Monitoring 64 14.4 Monitoring Indicators 65 14.5 Reporting Requirements 66 Appendix: Appendix: 1 Census Survey Questionnaire 67 Appendix: 2 TOR for NGO 71 Appendix: 3 Findings of Focused Group Discussion 81 iv EXECUTIVE SUMMARY A. Project Description 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways I Project under Asian Development Bank (ADB) assistance and now intending to take up Bihar State Highways II Project to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under Bihar State Highways II Project, four subprojects road sections are selected for which detailed project reports (DPR) for these road sections has been prepared by BSRDC.. A full Resettlement Plan (RP)1 for the SH-78 subproject was prepared in 2010 based on the detailed design report. During the implementation stage, the EA has conducted design review and incorporated changes in alignment. This updated RP is prepared based on revised alignment design. This RP is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned. 2. The subproject road section (SH-78) has been distinctively divided into two segments separated by NH 30A. The first segment, Bihta-Daniyawan is in Patna District and the other section, Chandi-Sarmera is in Nalanda District. The total length of this subproject was 100.314 km. However, the executable/construction length is reduced to 95.814 Km due to shift of start point of first segment by 4.5 km. 3. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. 4. As the existing ROW is very much limited and therefore realignment is proposed for major parts of the project road, the additional requirement of land may be up to 60m in substantial portion of the project length. The 60 m uniform RoW has been decided keeping in mind the future need of expansion and requirement of comparatively more construction width due to high embankments for significant length. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. 5. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Full Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB 1 As per ADB’s SPS-2009 and OM Section F-1/OP issued on January 2010, The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). v Safeguard Policy Statement-2009 designed by ADB to protect the rights of the affected persons and communities. B. Socioeconomic Information and Profile 6. The project area consists of Patna and Nalanda District situated in the heart of Bihar. Patna is the capital city of Bihar whereas adjoining Nalanda district is famous for its tourism. Patna being mostly urbanized district is way ahead from the Nalanda in all developmental aspects.