Resettlement Plan November 2012 IND: Chhattisgarh State Road Sector Project Dhamdha– Khairagarh Road Subproject Prepared by Public Works Department, Government of Chhattisgarh for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 14 August 2012) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0179969405 $1.00 = Rs 55.565000 ABBREVIATIONS ADB – Asian Development Bank AE – Assistant Engineer ARO – Assistant Resettlement Officer BPL – below poverty line BSR – Basic Schedule of Rates CGPWD – Chhattisgarh Public Works Department CPR – common property resources CSC – construction supervision consultant dc – district collector DP – displaced person DPR – detailed project report EA – executing agency EE – executive engineer FGD – focus group discussion GOI – Government of India GRC – Grievance Redress Committee IA – implementing agency IP – indigenous peoples IR – involuntary resettlement LAA – Land Acquisition Act LAP – land acquisition plan NGO – nongovernment organization NRRP – National Rehabilitation and Resettlement Policy OBC – other backward castes PD – Project Director PIU – project implementation unit R&R – resettlement and rehabilitation RF – resettlement framework RO – resettlement officer ROW – right-of-way RP – resettlement plan SC – scheduled caste SPS – ADB Safeguard Policy Statement, 2009 ST – scheduled tribe TOR – Terms of Reference VLC – Village Level Committee WEIGHTS AND MEASURES km – kilometer m – meter iii NOTE In this report, "$" 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. Your attention is directed to the “terms of use” section of this website. 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. iv CONTENTS Executive Summary vii I. PROJECT DESCRIPTION 1 A. Introduction 1 B. Subproject Road 2 C. General Profile of the Subproject Area 3 D. Subproject Component 3 E. Subproject Impacts and Benefits 5 F. Minimizing Resettlement 5 G. Scope and Objective of Resettlement Plan (RP) 6 H. Methodology For Social Impact Assessment 6 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8 A. Introduction 8 B. Resettlement Impacts 8 C. Loss of Community Property Resources (CPR) 8 III. SOCIOECONOMIC INFORMATION AND PROFILE 9 A. General Socioeconomic Profile of Subproject Area 9 B. Summary Socio-economic profile of the DPs 9 C. Occupational Status of DPs 10 D. Impact on Indigenous People and mitigation Measures 10 E. Gender Impact and Mitigation Measures 11 IV. STAKEHOLDERS CONSULTATION AND PARTICIPATION 14 A. Stakeholders in the Subproject 14 B. Public Consultation in the Subproject 14 C. Methods of Public Consultation 14 D. Scope of Consultation and Issues 14 E. Findings of Focused Group Discussions 15 F. Consultation with Officials and Other Stakeholders 16 G. Plan for further Consultation in the Subproject 16 H. Information Disclosure 18 V. LEGAL FRAMEWORK 19 A. Introduction 19 B. Land Acquisition Act 1894 19 C. National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 20 D. Legal and Policy Frameworks of Chhattisgarh State 22 v E. Safeguard Policy Statement of Asian Development Bank 23 F. Comparison Between National and State Policies and ADB‟s SPS 24 G. R&R Policy Framework for the Project 27 H. Valuation of Assets 29 I. Procedure for Land Acquisition under the Project 30 VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 31 A. Introduction 31 B. Cut-off-Date for Entitlement 31 C. Subproject Entitlement 31 D. Entitlement Matrix 32 VII. RELOCATION OF HOUSING AND SETTLEMENTS 34 A. Basic Provision for Relocation 34 B. Need for Relocation 34 C. Relocation Strategy 34 VIII. INCOME RESTORATION AND REHABILITATION 36 A. Loss of Livelihoods in the Subproject 36 B. Provisions for Loss of Livelihood 36 C. Income Restoration Measures 36 D. Additional Support from Ongoing Poverty Reduction Programs 37 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 38 A. Introduction 38 B. Compensation 38 C. Assistance 38 D. Compensation for Community and Government Property 39 E. RP Implementation and Support Cost 39 F. Source of Funding and Fund Flow Management 39 G. R&R Budget 39 X. GRIEVANCE REDRESSAL MECHANISM 41 A. Introduction 41 B. Grievance Redress Mechanism 41 C. Constitution and Function of the GRC 41 D. Operational Mechanisms of GRC 42 XI. INSTITUTIONAL ARRANGEMENT 43 A. Institutional Requirement 43 B. Executing Agency 43 C. Resettlement Management at ADB-PIU 43 vi D. Resettlement Management at ADB-PIU Field Office 44 E. Nongovernment Organization (NGO) 44 F. Capacity Building on RP in the EA 45 XII. IMPLEMENTATION SCHEDULE 47 A. Introduction 47 B. Schedule for Subproject Implementation 47 C. Subproject Preparation Phase 47 D. RP Implementation Phase 47 E. Monitoring and Reporting Period 47 F. R&R Implementation Schedule 48 XIII. MONITORING AND REPORTING 49 A. Need for Monitoring and Reporting 49 B. Monitoring in the Subproject 49 C. Monitoring by PIU 49 D. External Monitoring 50 E. Stages of Monitoring 50 F. Preparatory Stage 50 G. Relocation Stage 51 H. Rehabilitation Stage 51 I. Monitoring Indicators 51 J. Reporting Requirements 52 EXEUTIVE SUMMARY A. PROJECT DESCRIPTION 1. The ADB funded Chhattisgarh State Road Sector Project entails the rehabilitation and improvement of the existing state roads of Chhattisgarh. The Chhattisgarh Public Works Department (CGPWD), Government of Chhattisgarh will be the Executing Agency (EA) for the project. The Project will rehabilitate and strengthen some selected existing State Highways roads to provide a dependable road transport network throughout the state. 2. This Resettlement Plan (RP) for Dhamdha - Khairagarh subproject is prepared based on the detailed design report. The RP complies with the applicable State Government, Government of India and ADB policy and legal framework. This subproject is considered as Category-B as far as Involuntary Resettlement (IR) is concerned. The total length of the subproject section is 39.24 km. The Subproject area consists of two districts of Chattishgarh namely Durg and Rajnandgaon. 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. Adequate attention has been given during the feasibility and detailed subproject design phases of the subproject preparation to minimize the adverse impacts on land acquisition and resettlement impacts. B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3. No land acquisition will be involved in the subproject because the available ROW is sufficient to accommodate the proposed widening/ two-laning of the subproject road. The resettlement impact for this subproject is limited to the loss of structures by eight non- titleholders including six encroachers and 2 squatters. Among the displaced households, one squatter household with seven persons will be physically displaced and another squatter household with 14 persons will be economically displaced. Rest of the encroacher households are losing their encroached portion only and will not suffer either physical or economical displacement due to the minor impacts on their respective structures. A census survey was carried out to identify the persons who would be displaced by the subproject and the summary findings are presented in the following Table E-1. Table E-1. Summary Subproject Impacts Sl. No. Impacts Number 1 Total number of structures affected (Private+Religious+Govt.) 9 2 Total number of private structures affected 8 3 Total number of displaced households 8 4 Total number of displaced persons (DPs) 53 5 Total number of vulnerable DPs (households) 8 6 Total number of CPR (common property structure) affected 1 viii C. SOCIOECONOMIC INFORMATION AND PROFILE 4. The total number of DPs includes 8 households with 53 persons among which 25 are male and 28 are female. Out of eight households, four are from other backward caste community, and two each from Scheduled Caste (SC) and Scheduled Tribe (ST) communities. All the DPs belong to Hindu religion only. In the subproject area there are many households falling below poverty line (BPL). The State Government of Chhattisgarh has identified them and distributed BPL cards to such families. According to subproject census survey out of eight households seven households are falling under BPL category. 5. Chhattisgarh is among one of the tribal state of India. Some presence of scheduled tribe groups such as Bhunjia, Binjhar, Dhanbar, Kandra, Kondh, Kamar, are noted on the sample subproject districts. The Subproject state of Chhattisgarh, as per the Census of India 2001, is home to 66,16,596 scheduled tribes population, constituting 31.76 % of total population of the state vis-à-vis the national level statistics of 8.2%. 6. The Subproject proposal is confined to rehabilitation and upgradation of existing road alignments, the social assessments undertaken have not brought forth any adverse impact on the tribal groups within the area