Resettlement Plan July 2010 IND: North Eastern State Roads Investment Program Road MLN1: Garobadha to Dalu (NH-51) Prepared by Ministry of Development of North Eastern Region for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 16 July 2010) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0214546235 $1.00 = Rs46.610000 ABBREVIATIONS ADB – Asian Development Bank AP – affected person BSR – Basic Schedule of Rates CSC – Construction Management Consultant EA – Executing Agency GRC – Grievance Redressal Committee IA – Implementing Agency LAA – Land Acquisition Act, 1894 LVC – Land Valuation Committee MDONER – Ministry of Development of North Eastern Region NRRP – National Rehabilitation and Resettlement Policy, 2007 PD – Project Director PIU – project implementation unit PMC – Project Management Consultant PWD – Public Works Department R&R – resettlement and rehabilitation RF – resettlement framework RP – resettlement plan WEIGHTS AND MEASURES km – kilometer m – meter NOTE In this report, "$" 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 RESETTLEMENT PLAN ........................................................................................................ 7 1. Introduction ....................................................................................................................... 7 2. Profile of the State of Meghalaya .................................................................................. 7 3. Project Description ........................................................................................................... 8 4. Scope and Objectives of the Resettlement Plan ........................................................ 9 5. Resettlement Impacts.................................................................................................... 10 6. Socioeconomic Profile of the DPs ............................................................................... 16 7. Consultations and People‟s Participation ................................................................... 18 8. Relocation and Compensation ..................................................................................... 23 9. Issues Related with Indigenous People ..................................................................... 23 10. Gender Issues in the Project ........................................................................................ 24 11. Policy Framework .......................................................................................................... 25 12. Institutional Arrangements ............................................................................................ 38 13. Monitoring and Evaluation ............................................................................................ 41 14. Cost Estimate ................................................................................................................. 43 15. Implementation Schedule ............................................................................................. 46 List of Annexure Annexure 1. Proposed Typical Cross Section of Road Annexure 2. Attendance Sheet Community Consultations Annexure 3. Socio-Economic Survey Questionnaire Annexure 4. List of Displaced Persons (DPs) Annexure 5. Land Acquisition Map Annexure 6. Land Acquisition Schedule Annexure 7. ToR for Monitoring Expert / NGO 3 EXECUTIVE SUMMARY Project Description 1. The proposed North East State Roads Investment Program (NESRIP) shall assist the six states of the Region to develop their road network and establish reliable road connectivity to the national and sub regional road networks. The Project will also build the capacity of road sector institutions at the state level and contribute to effective and efficient management of the road assets. The Project road section (MLN1) is within West Garo Hills District of Meghalaya. The road section starts from Garobadha village, passes through hilly and rolling terrain and ends at Dalu Village on NH-51. The length of the Project road, as per DPR study, is 93.4 kilometers. Objectives of Resettlement Plan 2. The objective of this Resettlement Plan is to mitigate all unavoidable adverse social and resettlement specific impacts caused due to the upgrade of MLN1 road from Garobadha to Dalu. Further it aims to restore the livelihoods of the affected persons with special emphasis on the vulnerable affected groups by making provision of compensation to the affected persons at replacement cost. 3. Based on the surveys and investigations and detailed design, DPMC had submitted final Detailed Project Reports for the Project road section MLN1 Garobadha to Dalu (NH-51) under Tranche-1 in the State of Meghalaya during June 2008 under TA 4814-IND “TA Cluster for Project Processing & Capacity Development- Design & Project Management Support” for the proposed NESRIP. As stated in the DPR, there was no major Land Acquisition and/or Resettlement issue involved, a short Resettlement Plan was submitted along with the Final DPRs. 4. During the meetings held with the State PWD and the Consultant, under the present TA 7134-IND Preparing and Enhancing Implementation Readiness of the proposed NESRIP, it was felt necessary that re-verification survey of stretches of MLN1 should be carried out to establish any issues that may be envisaged due to the re-alignment as per the final DPR. Accordingly, the field survey has been carried out from 22nd July to 28th July 2009 along with Meghalaya State PWD officials. As Land Acquisition is required in a small stretch of about 400 m, in Zikzak village and acquisition of few properties, as detailed in succeeding paragraphs, a full Resettlement Plan is required. The present report is the revised version of the report submitted earlier as per the comments received from ADB dated 8th April 2010. Resettlement Impacts 5. The proposed widening of Project road section MLN1 includes up-gradation of existing single lane carriageway to intermediate lane carriageway. The upgraded road will have a 5.5 m wide carriageway with 0.9 m wide shoulder on either side. A 0.9 m wide water drainage channel is proposed on hill side. The right of way (ROW) was determined based on the village revenue maps obtained from land revenue department. The average ROW available is 20m, varying from minimum of 10m to a maximum of 30 m. The land beyond the PWD ROW is predominantly owned by the village community or forest department. The village community land also known as „A-King‟ land is available for development related activities such as road widening that benefits the entire community. The proposed widening shall impact 21 villages across five blocks that lie en-route. As per socio-economic survey that was carried out, it was recorded that the most impacts shall be felt in eight villages of Zigzak block (40 households). 4 6. The proposed design for the Project road involves widening of existing road and minor new alignments particularly at the locations where new bridges are proposed. The land acquisition will be required only at one realignment location in Zikzak village. A total of 972.95 sq. m. private land will be acquired for the project. The affected plots are smaller than the average land holding size of 1.30 Ha1. The residual land in all affected plots is thus smaller than average holding size. 7. It is estimated that there are a total of 340 Displaced Persons (DPs) as a result of the proposed project. This corresponds to a total of 99 Households (HH). Six of them are losing private land whereas the remaining are encroaching on government and PWD land and losing their built-up structure / assets. Total 95 built-up properties are affected which include 81commercial structures, 10 residential structures and four residential cum commercial structures. In addition, three community properties are being impacted. The total number of PAHs is 99 and the number of DPs is 340. Among the affected structures, two are permanent, 22 are semi-permanent and 71 are temporary. All the structures can be relocated near their existing location on available community land. Sufficient community land is available for the purpose as concluded during community consultations. The three community properties affected include gates of two monuments and one statue mounted on cement concrete platform. 60% affected structures are less than 3 years old and 30% are 4- 5 years old. Only 10% structures are more than 5 years old. A total of 274 private owned trees will be affected majority of them beetle nut trees. 8. Total 68 affected families were found to be vulnerable. These include 64 Scheduled Tribe families. Garo, Hajong and Koch are the main tribal communities among the affected STs. Nearly 69% affected people expressed their willingness to be relocated outside village in case the present business is completely disrupted. Socioeconomic Profile 9. The average household size among displaced persons (DP) is 3.43. Out of total, 31% DPs are illiterate and 14% have received education up to primary level. The Scheduled Tribe population