Resettlement Plan March 2012 IND: Bihar State Highways II Project Siwan-Siswan Subproject (SH-89) Prepared by Bihar State Road Development Corporation, Government of Bihar for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 9 March 2012) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0198886237 $1.00 = Rs50.280000 ABBREVIATIONS ADB – Asian Development Bank ARO – Assistant Resettlement Officer BHSP – Bihar State Highways Project BHSP-II – Bihar State Highways II Project BPL – Below Poverty Line BSR – Basic Schedule of Rates BSRDC – Bihar State Road Development Corporation CPR – Common Property Resources CSC – Construction Supervision Consultant DC – District Collector DGM – Deputy General Manager DH – Displaced Households DP – Displaced Persons DPR – Detailed Project Report EA – Executing Agency EE – Executive Engineer FGD – Focus Group Discussion GoI – Government of India GRC – Grievance Redress Mechanism IA – Implementing Agency IP – Indigenous Peoples IR – Involuntary Resettlement LAA – Land Acquisition Act LAP – Land Acquisition Plan MD – Managing Director NGO – Nongovernment Organization NRRP – National Rehabilitation and Resettlement Policy, 2007 OBC – Other Backward Castes PIU – Project Implementation Unit PMU – Project Monitoring Unit RC – Resettlement Cell R&R – Resettlement and Rehabilitation RO – Resettlement Officer ROW – Right-of-way RP – Resettlement Plan SC – Scheduled Caste SPS – ADB Safeguard Policy Statement ST – Scheduled Tribe TOR – Terms of Reference iii NOTE In this report, "$" 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. 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 TABLE OF CONTENTS EXECUTIVE SUMMARY vii CHAPTER 1: PROJECT DESCRIPTION 1 1.1 General 1 1.2 The Project Road and its Location 1 1.3 Profile of the Project Area 2 1.4 Sub-project Impacts and Benefits 2 1.5 Project Components 4 1.6 Minimizing Resettlement 4 1.7 Scope and Objective of Resettlement Plan 5 1.8 Methodology 6 CHAPTER 2:SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8 2.1 Scope of land Acquisition 8 2.2 Loss of Land 8 2.3 Loss of Structure in the Subproject 10 2.4 Impact on Private Trees 13 2.5 Loss of Livelihoods 13 2.6 Loss of Community Property Resources 14 2.7 Summary Sub-project Impacts 14 CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE 15 3.1 Socio-economic Profile of Project Area 15 3.2 Social Categories of the DPs 15 3.3 Religious Categories of the DPs 16 3.4 Number of DPs 16 3.5 Number of DPs of Special Categories 16 3.6 Vulnerable Households being Affected in the Sub-project 17 3.7 Annual Income Level of the Affected Households 17 3.8 Educational Status of DPs 18 3.9 Occupational Status of DPs 18 3.10 Impact on Indigenous People 19 3.11 Gender Impact 19 CHAPTER 4: INFORMATION DISCLOSURE, CONSULTATION, & PARTICIPATION 20 4.1 Stakeholders in the Project 20 4.2 Public Consultation in the Project 20 4.3 Methods of Public Consultation 20 4.4 Scope of Consultation and Issues 20 4.5 Finding of Focused Group Discussions 21 4.6 Consultations with Officials and other Stakeholders 21 4.7 Plan for further Consultation in the Project 22 4.8 Information Disclosure 23 v CHAPTER 5: GRIEVANCE REDRESS MECHANISMS 24 5.1 General 24 5.2 Grievance Redress Mechanism 24 5.3 Constitution and Function of the GRC 24 5.4 Operational Mechanisms of GRC 24 CHAPTER 6: LEGAL FRAMEWORK 26 6.1 Introduction 26 6.2 Land Acquisition Act 1894 26 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) 27 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 29 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement 30 6.6 Comparison of National and State Policies with ADB’s IR Policy 31 6.7 Policy Framework for this Project 33 6.8 Methodology for Determination of Valuation of Assets 35 6.9 Procedure and Steps of Land Acquisition 36 CHAPTER 7: ENTITLEMENTS, ASSISTANCE AND BENEFITS 37 7.1 Definition of DPs and Eligibility 37 7.2 Entitlements 37 7.3 Entitlement Matrix 40 CHAPTER 8: RELOCATION OF HOUSING AND SETTLEMENTS 43 8.1 Basic Provision for Relocation 43 8.2 Need for Relocation 43 8.3 Magnitude of Physical Displacement in the Sub-project 43 8.4 Relocation and Compensation Option by DPs 44 8.5 Relocation Strategy 44 CHAPTER 9: INCOME RESTORATION AND REHABILITATION 46 9.1 Loss of Livelihoods in the Sub-project 46 9.2 Provisions for Loss of Livelihood 46 9.3 Income Restoration Measures 47 9.4 Additional Support from Ongoing Poverty Reduction Programs 47 CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN 48 10.1 General 48 10.2 Compensation 48 10.3 Assistance 49 10.4 Compensation for Community and Government Property 49 10.5 RP Implementation and Support Cost 49 10.6 Source of Funding and Fund Flow Management 50 10.7 R&R Budget 50 vi CHAPTER 11: INSTITUTIONAL ARRANGEMENTS 52 11.1 Institutional Requirement 52 11.2 Executing Agency 52 11.3 Project Management Unit (PMU) 52 11.4 Project Implementation Unit (PIU) 52 11.5 Non-Government Organization (NGO) 53 11.6 Capacity Building on RP in the EA 54 CHAPTER 12: IMPLEMENTATION SCHEDULE 56 12.1 Introduction 56 12.2 Schedule for Project Implementation 56 12.3 R&R Implementation Schedule 56 CHAPTER 13: MONITORING AND REPORTING 58 13.1 Need for Monitoring and Reporting 58 13.2 Monitoring in the Project 58 13.3 Stages of Monitoring 58 13.4 Monitoring Indicators 59 13.5 Reporting Requirements 60 Appendix-1 Census Survey Questionnaire 61 Appendix-2 ToR for NGO 65 Appendix-3 Findings of the Consultations 75 vii EXECUTIVE SUMMARY A. Project Description 1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways (BSHP) and BSHP-II Project under Asian Development Bank (ADB) assistance 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 BSHP-II (Additional Financing) five subprojects road sections (SH-83, SH-86, SH- 87, SH-88 and SH-89) totaling 291 kilometers are selected for which detailed project reports (DPR) for these road sections are being prepared by BSRDC. This Resettlement Plan1 is prepared for the SH-89 subproject which is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned. 2. The subproject road section (SH-89) is 33.065 km road from Siwan–Siswan passes through the Siwan district of Bihar. The alignment of the road is proposed as Siwan – Laxmipur - Surapur – Chapiya – Chatta – Hassanpura – Gopalpur – Chainpur - Siswan. The average ROW available in the road section ranges from 18 to 30m. 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. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area. 4. The existing ROW is sufficient in substantial portion of the project length which is varies from 18 to 30 meters. This RoW (varies with varying extent of toe line) has been decided based on the embankment toe line due to requirement of comparatively more construction width due to high embankments for significant length. Key activities for sub-project road improvement involves (i) widening/strengthening of the road up to 2-lane configuration (ii) improving road geometry (iii) laying of embankment (iv) rehabilitation and construction of new bridges and other cross drainage structures (v) construction of side drains (vi) Junctions/intersections improvement (vii) provision of service roads, underpasses and way side amenities etc. The brief of all key project activities are described below. 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 1 As per ADB’s SPS-2009 and OM Section F-1/OP issued on 4 March 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). viii livelihoods. This Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 formulated by ADB to protect the rights of the Displaced persons and communities. B. Socio-economic Information and Profile 6.