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Construction and Up-gradation of NH-131A from Km 6.000 near Narenpur to Km 55.000 near Purnea in Bihar to 4 lane Standard

Draft Feasibility Report Social Impact of Assessment & Resettlement of Action Plan

CHAPTER 1: PROJECT AND METHODOLOGY

1.0 INTRODUCTION

The intensity of traffic on Indian roads in general and particularly on highways

has increased into manifolds thus rendering inadequate existing road capacity to

contain the increased volume of traffic. To cope up with this challenge the

Ministry of Road Transport and Highways, Government of India has assigned

National Highway Authority of India (NHAI) to take up the development of

various National Highway corridors where the traffic intensity has increased

significantly thereby necessitating capacity augmentation for safe and efficient

movement of traffic.

In this regard, NHAI has been entrusted with the development and widening of

the existing two/intermediate lane carriageway into 4-lane divided carriageway

configuration.

Approximately 49 kilometers long Package-II road runs through Purnia and

Kathihar district of Bihar state. The major towns/villages along the project stretch

are Belouri, Ranipatra of Purnea district and Katihar, Nawabganj and Manihari of

Katihar district.

1.2 PROJECT IMPACT

The proposed road improvement including widening, realignments and bypasses

involves expropriation of land from the current owners/users. Improvement of

the road project will have significant positive impacts, but they may

simultaneously also bring negative impacts on nearby communities, if proper

precaution is not taken during design and implementation stage of the project.

Acquisition of land may cause social disruption and economic loss for project

affected persons (PAPs) and their families. It is therefore important that

disturbances and losses of PAPs due to project are minimized through proper

planning. The Resettlement Action Plan details the processes to be undertaken

for the proposed project to minimize its adverse social impacts.

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1.3 NEED FOR SOCIAL IMAPCT ASSESSMENT

The loss of private assets resulting in loss of income and displacement makes

social impact assessment an important input in project design while initiating and

implementing developmental interventions. An understanding of the issues

related to social, economic and cultural factors of the affected people is critical in

the formulation of an appropriate rehabilitation plan. A detailed social impact

assessment (SIA) therefore needs to be carried out to make project design

responsive to social development concerns. SIA also helps in enhancing the

project benefits to poor and vulnerable people while minimizing or mitigating

concerns, risks and adverse impacts.

1. 4 OBJECTIVE OF THE STUDY

The main objective of the study is to ensure that the project addresses the

adverse impacts on the livelihood of the people and that nobody is left worse off

after implementing RAP and those affected have access to project benefits,

during project construction as well as operation stage.

The report aims to highlight the social problems and suggests general and typical

mitigation measures to alleviate social problems of the project-affected people

such as loss of livelihood, displacement and loss of access to community facilities

through widening of roads, service roads, underpasses and other facilities. The

specific objectives of the RAP are as follows:

• To carry out a socio-economic, cultural and political/institutional analysis

to identify the project stakeholders and social issues associated with the

project;

• To assess the extent of asset loss and undertake the census of potential

project affected people;

• To develop a Resettlement Action Plan (RAP) in consultation with the

affected people and project authorities; and

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• To develop a consultation framework for participatory planning and

implementation of proposed mitigation plan.

1.5 SCOPE OF THE STUDY

The study began with the identification of social issues and stakeholders and

communities, including socially and economically disadvantaged communities.

The focus of SIA is on identifying local population likely to be affected by the

project either directly or indirectly and undertake census survey. The scope of the

study in particular included the following:

• Identifying key social issues associated with the proposed project and

specifies the project’s social development outcomes;

• Assessing potential social and economic impacts both during the

construction phase and in the operation phase;

• Reviewing policies, regulations and other provisions that related to

resettlement and rehabilitation of project affected people and other

social issues;

• Social screening of various project components and likely impacts in

terms of land taking (loss of houses, livelihood, etc.), and resultant

involuntary resettlement and provide inputs (in terms of magnitude of

impacts and likely costs for mitigation) in preparing appropriate

mitigation plans;

• Screening the social development issues in the project area and its

vicinity and design the social services that may be provided by the

project in order to improve the quality of life and achieve the projects

economic and social goals;

• Update the profile of the population and available infrastructure facilities

for services in the project affected area;

• Based on the assessment of potential social and economic impacts

establish criteria that will assist in the formulation of strategies; to the

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extent possible maximize project benefits to the local population and

minimize adverse impacts of the project interventions on the affected

communities;

• Inform, consult and carry out dialogues with the project stakeholders on

matters relating to project design, objectives, and implementation and

provide specific recommendations to avoid/minimize high social risks;

• Screen the social development issues in the project area and its vicinity

and accordingly design the social services that may have to be provided

by the project in order to improve the quality of life;

• Identify likely loss of community assets (e.g. school, community assets)

including the religious structures and common property resources (e.g.

forest, grazing land) the impacts of their loss on the local population;

• Assess the impact of influx of construction workers and others (both

during civil works and operation of the project) on the incidence of

HIV/AIDS and other diseases and develop a strategy to control them;

• Assess the capacity institutions and mechanisms for implementing social

development aspects of the project implementation including the social

safeguard plans and recommend capacity building measures; and,

• Develop monitoring and evaluation mechanism to assess the social

development outcomes.

1.6 METHODOLOGY

Approach and methodology mainly consist of quantitative and qualitative tools

and techniques. The study was conducted in two phases.

1.6.1 PHASE – I: PRE SURVEY ACTIVITIES

1.61.1 Collection and review of project literature

This phase intends to familiarize with the concerned and important stakeholders

to identify and collect the available literature and to scope the activities. This

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involved two pronged approach (a) discussions with Project Implementing

authorities and other concerned, b) collection of available relevant project

literature. Consultations were held with concerned revenue officials to establish

the ownership of land. Literature review and consultations formed the basis for

identification of key stakeholders.

1.6.1.2 Rapid reconnaissance survey to familiarize field activities

In addition to review and consultations, rapid preliminary field visits were

conducted as part of ground truthing exercise. It provided the elementary idea

about field research preparation and also helped for pilot testing of

questionnaires and checklists.

1.6.1.3 Scoping and Other Pre-survey Activities

Both the review and rapid reconnaissance survey helped in finalizing the study

instruments and inception report detailing the final methodology and work plan.

1.6.2 PHASE II: SURVEY ACTIVITIES

1.6.2.1 (a) Identification of Structures

For widening and improvement of existing alignment the social team conducted

an identification of structures within 60 of propossed ROW. Prior to initiation of

physical identification of the structures, detailed discussions were held with

concerned officials to collect information on ownership of land and ROW. The

database will be used later to identify structures coming within proposed ROW.

All the affected properties belonging to titleholders shall be incorporated in Final

Feasibility Report. The required volume of land and structures with location, size,

geometry, type of construction, name of the owner(s), address etc. shall also be

covered. The following points of exploratory survey include:

➢ Loss of immovable assets by type and degree of loss;

➢ Categorisation and Assessment of potential loss;

➢ Status of ownership

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➢ Legal right on the likely to be affected assets

The survey also includes comprehensive examination of people’s assets,

important cultural or religious sites, and common property resources. The

process includes collecting details of owner or occupant of the structure, its type

and usage and dimensions etc. A structured format shall also is used to collect all

the relevant information on project, PAPs and their structures. For agricultural

land affected Title Holders' identification, the likely to be impacted land survey

numbers which is derived from Land Plan will be taken into consideration.

1.6.2.1 (b) Consultation

The consultations were undertaken with residents and shopkeepers for

dissemination of information about the alignments and the need of the elevated

corridor. In identification stage the public consultations center on the mapping of

the social issues related to the project stretch and thereby understand the

concerns and aspirations of the people on the upgradation and improvement of

the existing road. Public consultations have also facilitated to make a rapport

with likely to be affected PAPs in the built up location. The consultations with

road useres and dwellers assist in finalizing various issued related to widening of

the road with service roads, paved shoulder and possible realignments etc.

1.6.2.2 Qualitative Survey

Qualitative surveys are conducted for evaluation of both affected population and

implementation capacities. The qualitative survey includes focus group

discussions and in depth interviews with various sections of people such as

women, knowledgeable persons and community leaders to elicit their

expectations and suggestions, which will support and provide additional

information collected through quantitative survey.

1.6.2.3 Assessment of Livelihood Losses

The study makes an attempt to identify people losing their livelihood directly or

indirectly. The consultative process pave the way to develop rehabilitation

strategies that helps for income generation and other remedial and restoration

measures. The consultations further need to be conducted with project affected

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people, nearby residents and business community, knowledgeable persons and

public representatives etc.

1.6.2.4 Review of Legal Policy Provisions and Implementation Capacity

Relevant national and state legislation and regulations are to be reviewed. To

study implementation arrangements and its capacity in delivering the R&R

services verification of these arrangements and in-depth interviews with

authorities shall be conducted.

1.6.2.5 Research Tools and Instruments

Various social research tools are employed to ensure that, all issues related to

the study need to be adequately addressed so that a meaningful package of

deliverables can be developed. The entire exercise shall be carried out through an

appropriate mix of social research techniques including desk research through

review of information, concerned government departments and project

authorities. Structured and semi-structured interviews, group discussions with

the affected people and relevant government agencies, line departments and

community will be undertaken. The study uses various instruments to collect

information for the different stakeholders involved in the project. The above tasks

are planned to flow in a manner that will complete the project in line with the

NHAI. The proposed method is illustrated in the form of a task flow diagram and

is shown in Fig 1.1. Each of the above tasks is briefly discussed in the above

sections to demonstrate consultants understanding the project required.

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Fig 1.1: Flow Chart of Stage-wise activities to be adopted for undertaking the Detail Project Report for Package-II Road

: Line indicate the flow of inputs : Line indicates the flow of outputs

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Terms of Reference

STAGE-I

Study Inception

Draft Tools and Strategies for Research

STAGE-II

Review of Literature

Understanding the Context

Census &Socio-Economic Survey

Identification of Location

Stakeholders' Meeting

STAGE-III

Primary Site Visit & Preparation of

Information Database

Basic Data Collection on the Project Location(RoW,Existing Alignment, Built Up Locations)

Final Tools & Strategies for Research

Consultation with Public

Interactions with PIU & Other Dept. Officials

STAGE-IV

Field Work at Project Location

Socio Economic Profile of People affected by the Project Road

Identification of Possible Social Impacts and Losses

Institutional Roles in Resettlement & Rehabilitation of the PAFs

Action Plan for R & R

Participation & Consultation Preferred Entitlements Redressal of Grievances Implementation Schedules Monitoring & Evaluation Costs and Budget

STAGE-VDraft Rehabilitation Action

Plan(RAP)

STAGE-VIFinalization of Rehabilitation Action

Plan(RAP)

Methodology & Work Plan

Secondary Sources



1.7 APPROACH

The approach of the study is as follows:

➢ Primary data with the emphasis on observations and discussions.

➢ Identification of survey has been undertaken to collect information in

likely to be project affected village.

➢ The relevant secondary information has been collected from Revenue

Department, Census Report, Directorate of Economy & Statistics,

Govt. of Bihar etc. to supplement the primary survey data.

➢ In addition, discussions were held with the community leaders, NGOs,

government officials concerned with land.

➢ The important aspect of the study was also participatory appraisal with

the involvement of the community to enable them to understand the

process of the study.

➢ Photographs were also taken to record the existing structures for

identification

1.8 BENEFITS OF THE PROJECT

The main of objective of the project is to improve the performance of the

National road transport network. All the road users including the affected persons

(PAPs) will benefit from the proposed improvement through increased comfort

and reduced travel time. The society will benefit economically from the saving in

vehicle operating costs due to enhanced speed and better geometric. The project

also will open up the areas adjacent to the project road to increased economic

activity. The project is expected to bring quite a few benefits viz.

➢ result in lower transport costs for freight and passengers of motorized

and non- motorized vehicles,

➢ improve road transport corridors and road network connectivity,

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➢ improve management of road sector institutions,

➢ increase in the local employment opportunities is a significant and

immediate economic benefit of the project,

➢ local communities will have greater access to public infrastructure and

increased mobility through enhanced transport facilities

1.9 STRUCTURE OF THE REPORT

The report is presented in the following ten chapters:

➢ Chapter 1: Project and Methodology

➢ Chapter 2: Project Stretch Profile

➢ Chapter 3: Socio-Economic Profile of Project Influenced District

➢ Chapter 4: Social Impact Assessment

➢ Chapter 5: Legal Policy Frame Work and & Entitlement Matrix

➢ Chapter 6: Stakeholder's Consultations

➢ Chapter 7: R & R Budget

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CHAPTER 2: PROJECT STRETCH PROFILE

2.1 DESCRIPTION OF PROJECT STRETCH

The project corridor is important for various reasons. It connects major regions

of Bihar state and it is believed that by the development of this corridor the

economy of project state will get fillip by attracting high level of investments.

Apart from connectivity considerations, the development of this corridor has been

perceived to be important towards achieving overall development in both state.

The proposed Package-II road passes through 33 villages of Purnia and Katihar

districts of Bihar state and they are Kutubpur, Pagalbari, Mohanpur, Jagbati,

Kumaripur, Bhearmara, Basantpur, Katihar, Marangi, Raghunichak, Sirnia,

Chitauria, Daharia, Sahisia, Baigna, Tiarpara, Dalan, Mehdai, Kadepura,

Rampur, Hathia Ramana, Baisi Ramana, Sadpur Rajwara, Routara, Dewanganj,

Singhia, Dimia Chattarjan, Raziganj, Raipur Ranipatra, Chandi, Bilauri, and

Abdullahnagar.

Table 2.1: Description of Package-II Project Road

Status of Existing RoadStatus of

Proposed Road

Name of Road Section

NH/SH Existing

Chainage (Old)

Existing Chainage

(New)

Existing Length (New) (Km.)

Design Chainage

Design Length (km)

Katihar More-Purnia -Katihar

SH-62/ (NH-131 A)

0.000 to 25.000

82.000-57.000 256.000-55.000

49.000Katihar-Manihari

SH-62/ (NH-131 A)

25.000 to 55.000 57.000-34.550 22.450

Total 47.450 49.000

2.2 EXISTING CHARACTERISTICS OF THE PROJEC ROAD

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The carriageway width of the existing project road varies from 5.5m to 7.0m and

is having two/intermediate lane carriageway configuration. The carriageway

width from Km 82.000 to Km 57.000 i.e. Katihar More to Katihar is 2-lane

configuration with 7.0m wide road and the carriageway from Km 57.000 to Km

34.550 is intermediate lane configuration with 5.5m wide road.

Fig 2. 1: Two lane single carriageway without paved shoulder

Figure -2.2: Start Point and End Point of the Project

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Fig 2.3: Location Map shows the Project Road Stretch

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2.3 EXISTING RIGHT OF WAY AND ENCROACHMENT

As per the data obtained from Revenue Department, the average existing Right

of Way (ROW) all along the project corridor is around 10- 15 m. But when it

comes to the revenue maps obtained from the local Anchal or Village Panchayats

a variation is seen within the Right of Way. However, the Land Acquisition Plans

are prepared to have uniform ROW (45 m for improvement of the existing road

and 60m for bypass) in accordance with the NHAI guidelines.

About 5 habitations fall in both side of the project corridor will have impact by

widening of the road. Most of the road sided land in built-up location is occupied

by both encroachers and squatters. It is general tendency that road side

government land is usually occupied for commercial and residential purposes. It

may be driven by reason of landlessness, poverty or may be the sheer attraction

of business opportunity. Also, the practice of using government land for socio-

cultural and religious purpose is quite evident.

2.4 SCOPE OF SERVICES

As far as possible, the construction of new alignment shall be carried out within

the proposed right of way. The entire tract of alignment necessitates land

acquisition. However, in urban locations of Katihar town where widening of

existing road to four lane with configuration is not possible hence bypass

proposal is considered.

While finalizing the road alignment efforts have been made by adopting

appropriate engineering designs, to minimize resettlement impacts. To minimize

displacement and to reduce disruption of livelihoods one bypass has been

proposed. Public consultations and field visits would help in getting better

planning and design inputs towards minimizing negative social impacts. The total

design length of the corridor is 49 km.

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Table 2.2: Salient Features of Package-II Project Road

Sl. No.

Particulars Unit

1 Total Length of proposed Road: Design Length (in km.) 49

2 Total number of Revenue Villages (Number) 33

3 Total Volume of Private Land needs to be acquired for the proposed Project (in Decimal)

49130

4 Agricultural Land to be acquired for the proposed Project (in Decimal) 22938

5 Commercial Land required for Project (in Decimal) 11598

6 Residential Land to be acquired (in Decimal) 14592

2.5 IMPACT ON REVENUE VILLAGES

Katihar town is the major urban location along the project road. The list of

villages/towns along the project stretch is given below in Table 2.3

Table 2.3: Villages in Package-II Road

Sl. No. NameChainage

From To

1 Kutubpur 7.000 8.000

2 Pagalbari 8.000 9.180

3 Manoharpur 9.180 10.180

4 Jagbati 10.180 10.760

5 Kumaripur 10.760 13.500

6 Bhermara 13.500 14.000

7 Basantpur 13.940 15.100

8 Katihar 15.000 16.000

9 Marangi 16.000 17.650

10 Raghunichak 17.650 17.870

11 Sirnia * 17.870 19.000

12 Chitauria* 19.000 19.500

13 Daharia* 20.700 23.350

14 Sahisia* 23.350 24.260

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15 Baigna* 24.260 25.080

16 Katihar* 25.080 27.100

17 Katihar* 27.100 28.700

18 Tiarpara* 26.000 27.100

19 Dalan* 28.700 30.500

20 Mehdai* 30.500 32.000

21 Dalan* 32.000 33.600

22 Kadepura* 32.245 34.500

23 Rampur* 33.500 36.170

24 Hathia Ramana 36.170 37.625

25 Baisi Ramana 37.625 38.000

26 Sadpur Rajwara 38.000 38.180

27 Routara # 39.780 42.600

28 Deewanganj 42.600 42.700

29 Singhia 42.700 44.000

30 Dimia Chattarjan 44.000 44.900

31 Raziganj # 44.900 47.600

32 Raipur Ranipatra 46.300 47.100

33 Chandi 47.600 49.600

34 Bilauri 49.600 53.770

35 Abdullanagar 53.770 55.000

* Villages in Proposed Katihar Bypass # Realignment Villages

2.6 PROPOSED BYPASS/ALTERNATIVE ALIGNMENT

The road passes through Katihar town from Km.17.600 to 34.500 Katihar is a

district head quarter and is a major railway junction. Four railway lines from

different parts of the country meet at Katihar Junction. On the existing project

stretch two railway level crossings are present which cause delays to the through

traffic. The development of city is more in east direction of Katihar town. Since,

Katihar is a district head quarter the District civil court, office of Airport Authority

of India, Bihar Military Police, Forest department, Katihar Medical College,

Polytechnic and the offices of the district administration are located on either side

of the road which make through traffic very slow and dangerous. Apart from

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these, the presence of many commercial establishments like shops, kiosks and

residential buildings etc., are also prime reason for the congestion.

In this regard, a bypass is proposed for Katihar town and it takes off at Km.

47.300 and traverses on east side of the existing alignment and joins at Km.

61.555. The alignment traverses through agricultural lands and has good

geometrics. The design length of bypass is about 14.860 km.

Table-2.4: Proposed Katihar Bypass

Sl.No.

Design Chainage Proposed Length in Km.

Lane Configuration From To

1 18.770 33.630 14.860 4 lane divided Carriageway

2.7 LAND USE PATTERN

The project corridor passes through both plain terrain. A large chunk of land

constitutes built-up location followed by agricultural land.

Table 2.5 : Land Use Pattern

Type of Land Use Percentage of Land Use

Built up 54

Agricultural 46

Total 100

2.8 SOURCES OF IRRIGATION AND CROPPING PATTERN

The major source of irrigation is river and well in the study area. Besides this,

very limited area is irrigated through ponds and tube well. The important crop

grown in the present stretch is Jute and Paddy. During Kharif, the groundnut crop

is produced in irrigated areas. Maize also requires irrigation. Generally other

crops are sown at the commencement of the rainy season. Bajra, Groundnut,

Maize and Cotton are sown by broadcasting the seeds. Fertilizer is applied before

sowing of groundnut and cotton.

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Fig: 2.4 Agricultural Land

2.9 NEED OF LAND ACQUISITION

It is assessed that land acquisition would be required along the project corridor.

In this regard, a substantial amount of 49130 decimal i.e 198.83 ha. private land

has to be acquired. The detailed investigations were carried out along the entire

road stretch, particularly at the locations where fresh land acquisition is required.

2.10 WIDENING OF ALIGNMENT

As per IRC guidelines the survey work for both proposed bypass and

improvement of existing road is underway. Based on the above observation a

viable alignment options from social, environmentally and engineering point of

view has been proposed for project road. This alignment proposal has been

worked out with coordination and inputs from all professionals keeping in view

the cost and benefit of the project and for providing a possible durable solution

for the larger goal.

The choice of alignment option depends on site constraint and construction

methodology. This is the endeavour of consultant to propose alignment option

keeping in view of the following key factors:

i) Minimum impact on residential and commercial property abutting the corridor;

ii) Minimum impact on fertile land;

iii) Land use and availability of land;

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iv) Minimum impact on the environment;

v) Minimizing interference with religious structures such as Temples, Mosques, Churches etc;

vi) Minimizing interference with historical monuments and

vii) Least disturbance to traffic during construction

2.11 ROAD JUNCTIONS

There are 2 major junctions and 26 minor junctions along the project stretch and

the details are given in Table-2.6. Apart from these there are local gravel and

earthen roads leading to cluster of houses in villages and semi-urban stretches.

Table 2.6: Road Junction in Package-II

Major Junctions

S.No Chainage (Km)

Name of the Junction

Type LHS RHS

1 2.1 Belouri Chowk + Sonauli Bypass of NH 31

2 27.3Mahavir Mandir

ChowkY - Kora

Minor Junctions

1 6.9 Ranipatra Chowk +Ranipatra Rly

StationRanipatra

2 8.5 - + Motinagar Nalmatia

3 10.4 Shreenagar Chowk T - Shreenagar

4 11.8 Deewanganj Chowk + Deewanganj Rly Station

Shreenagar

5 15.8 Paltania Chowk T Rajbav Gram -

6 17.9 Govindpur Chowk TGovindpur Rly

Station-

7 19.4Hajikaleemuddin

ChowkT - Hajikaleemuddin

8 20.2 Hasalgan Chowk T Hasalgan -

9 22 Dalan Chowk T Dalan Rly Station

-

10 23.7 Sirsa Chowk T - Sirsa

11 24 - TSH-98 (To

Barsoi)-

12 24.5 - T - Katihar Medical College

13 27.6 Kushi Colony T - Kushi Colony

14 27.7 Kargil Chowk T - Manihari

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15 28.4 Badmasiyah Chowk T Badmasiyah -

16 32.8 - Y - Mansahi Village

17 33.6 - TTeenghachiya

village-

18 35 Batnaha Chowk T Batnaha village

-

19 36.6 Hapla Chowk T Hapla village -

20 37.8 Mansahi Chowk T - Mansahi village

21 39.6 Kajre Chowk - - -

22 42.9 Kumaripudi Chowk T -Kumaripudi Rly

Station

23 43.7 - T Mahiyapur road

-

24 45.8 Mahiyapur Chowk T -Mahiyapur Rly

Station

25 50.8 - Y Amdavad -

26 54.4 Ambedkar Chowk + Amdavad Manihari Ghat

2.12 RELIGIOUS STRUCTURES

There are few religious structures abutting the carriageway of the existing road, which

will get affected either fully or partially by widening of the carriageway. Most of these

religious structures are observed within a distance of 3m – 10m from the edge of the

carriageway. Proper provision must be considered for relocating these structures

before the project starts to avoid any land acquisition conflict. Figure 2.5. shows the

religious structures abutting the carriageway.

Figure – 2.5: Religious Structure along the Project Stretch.

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CHAPTER 3: SOCIO-ECONOMIC ANALYSIS OF PROJECT AREA

3.1 OVERALL APPROACH

The location through which the project road passes is considered to be the

primary project influence area. The Package-II road section would facilitate most

important traffic movement for the various parts of Bihar state as well as North-

East India. Therefore, the influence area of the project corridor, for the purpose

of socio economic study is considered with prime importance. The primary

purpose of Socio-economic analysis is to provide an overview of the State’s

socioeconomic setup and the relative status of the Project influence area within

the state. Data to be considered including demographic aspects, macro economic

indicators and sectoral production of agriculture and allied activities,

manufacturing, mining and service sectors including infrastructure. The profile

provides the present scenario, the past performance and the prospective growth

of the economy, population and urbanization. The profile depicts the spatial

distribution of economic activities and provides basic inputs for estimating future

growth in Transport demand, on the basis of prospective economic growth rates

and transport demand elasticity. Secondary data available with various

departments of state government have been collected and analyzed for

preparation of socio-economic profile.

3.2 GENERAL FEATURES OF PROJECT STATE

The project road passes through Bihar state which is eastern state of Indian

Peninsula. The 49 km. long project road traverse through two districts namely

Purnia and Katihar respectively. Bihar is 12th largest state in terms of

geographical size and 3rd largest state by population in the country. It is bounded

by Uttar Pradesh to its west, Nepal to the north, West Bengal to the east and by

Jharkhand to the south. The table 3.1 below presents key demographic indicators

and their comparison with pan-India numbers.

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Table 3.1: Comparison of Demographic Indicators of Bihar State with Nation-2011

Sl. No.

Indicators Unit Bihar India

1 Geographical Area Lakh Sq. Km. 0.94 32.87

2 Population Crore 10.3 121.02

3 Decadal Growth Rate Percentage 25.1 17.64

4 Density of Population Population/Sq. Km. 1102 382

5 Urban to total Population

Percentage 31.89 31.16

6 Sex Ratio Females/1000 Males 916 940

7 Literacy Rate Percentage 63.80 74.04

8 Birth Rate Per 1000- Mid Year Population

27.7 22.50

9 Death Rate Per 1000-Mid Year Population

6.7 7.3

Source: Census India-2011

3.3 ECONOMIC OVERVIEWS OF BIHAR STATE

The present economic survey is an attempt to present in detail the current status

of the state’s economy, as well as its various sectors. The sectoral analysis will

highlight the efforts made by the state government for the different sectors and

their respective achievements. It will simultaneously point out the hindrances

that the economy is facing to maintain its growth momentum. Apart from this

Introductory chapter on the overview of the state’s economy, the survey has six

more chapters – Agriculture and Allied Sectors, Enterprises Sector, Infrastructure

and Communications, Social Sector, Banking and Allied Sector and, finally, State

Finances.

3.3.1 State Domestic Product

The GSDP of Bihar at 2004-05 prices in 2012-13 is Rs. 1.65 lakh crore, yielding a

per capita income of Rs. 16,537. The estimated GSDP at current prices in 2012-

13 is Rs. 3.09 lakh crore, implying a per capita income of Rs. 30,930. The growth

rate of Bihar's economy has not been uniform over the period 1999-2000 to

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2012-13. During the 1999-2000 to 2005-06, the state income at constant prices

grew at an annual rate of 5.7 percent. After that, the economy witnessed a

turnaround and grew at an annual rate of 12.0 percent, which was not only much

higher than what was achieved in previous period, but one of the highest among

all the Indian states.

3.3.2 Economic Sectors

With development of economic, it is observed that structures of economy has

undergone many changes in their relative size over the years. The growth rates

of different sectors vary because of shifting demand patterns, a consequence of

rising income. Labour force also tends to shift from primary sector to more

prosperous industry and services. In Table 1.5 the structure of Bihar's economy

has been presented for the period 2003-04 to 2012-13.

In Bihar, Manufacturing and Services Industry are the keystone of the economy

in terms of creation of employment, provision of wage goods and market for the

goods and services produced in the secondary and tertiary sectors.

According to the Economic Review, 2013-14 report, the Primary sector which

includes agriculture, animal husbandry, forestry and fishing sector contributes

about 22.4% whereas Secondary sector or industries sector includes mining &

quarrying, manufacturing, utilities (electricity, gas and water supply) and

construction constitutes 21.2% of the state economy. The tertiary sector includes

transport, communication, trade, hotels and restaurants, banking and insurance,

real-estate, ownership of dwelling, business services, public administration and

other services contribute 56.4% to the state's economy as shown in Table – 3.2

and Figure – 3.1.

Table –3.2: Sectoral Contribution of GSDP at Constant(2004-05) Prices

Sector Unit 2003-06 (TA) 2007-10 (TA) 2010-13 (TA)

Primary % 30.9 25.9 22.4

Secondary % 13.8 17.9 21.2

Tertiary % 55.3 56.2 56.4 Source: Directorate of Economic and Statistics, GoB Note: TA= Triennium Average

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In the beginning of the last decade, the average share of 3 major sectors in total

GSDP stood at 30.9 percent (primary), 13.8 percent (secondary) and 55.3

percent (tertiary). Thereafter, the share of the primary sector has been showing

a decline over the years, and it came down to 25.9 percent for the triennium

ending 2009-10 and then to 22.4 percent for the triennium ending 2012-13. This

shows that the importance of the primary sector has declined steadily over the

years. Since secondary and tertiary sectors recorded tremendous growth rate in

the last decade, their shares of outputs are much higher than those in the

triennium ending 2005-06. The relative share for the triennium ending 2012-13

now stands thus: primary (22.4 percent), secondary (21.2 percent) and tertiary

(56.4 percent).

Within the three major sectors, some sub-sectors have also recorded substantial

change in their share. For example, in the primary sector, Agriculture and Animal

husbandry recorded substantial decrease in its share. Within secondary sector,

the sub-sector which showed substantial change is construction, whose share in

GSDP increased from 6.7 percent in the triennium 2003-06 to 14.2 percent in the

triennium 2010-13. Within the tertiary sector, the sub sector which recorded

higher growth and caused its share to rise was trade, hotel and restaurants.

Organised sub-sectors like Public Administration and other services lost in terms

of their shares in GSDP.

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Fig 3.1 : Sectoral Composition of GSDP

3.3.2.1 Agriculture

Bihar is an agrarian state and 90 percent of the total rural population depend on

agricultural activities. Though the share of agriculture in the GSDP has been

decreasing over the years and it remains only one-fifth of the GSDP presently,

agriculture still remains the backbone of the state economy even as industry

sector (specially food processing) and services sector have made good progress

in recent years.

The total production of agri-commodities (food grains, pulses, oil seeds etc) in

2011-12 stood at 172.42 lakh tonnes. Production of top five agricultural crops

over the last three years is given in table 3.3

Table 3.3 : Food Production in Lakh Million Tonne

Crop 2009-10 2010-11 2011-12

Rice 36.40 31.12 81.87

Wheat 15.44 21.08 24.86

Maize 44.03 50.94 65.31

Pulses 4.59 4.67 5.19

Oil Seeds 1.40 1.42 1.74

Source: Agriculture Directorate

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22.4

21.2

56.4

Sectoral Composition of GSDP 2010-13 (in percent)

Primary SecondaryTertiary



3.3.3 Per Capita Income

The per capita Income is derived by dividing the Net State Domestic Product by

the total population of the State. As per advance estimates, the per capita

income for the year 201-12 at current prices is estimated at 15,417 as compared

to 13,388 of the previous year 2010-11 showing an increase of 15.16 % over the

previous year. According to 2011-12 the per capita income at constant prices

was recorded as Rs. 25,653 compared to 20769 for the year 2010-11 showing an

increase of 23.52% over the previous year.

3.4 TRANSPORT

3.4.1 Road Network in Bihar State

The roads are important basic infrastructure, playing a crucial role in

development of other essential infrastructure in a region. For this, not only the

trunk roads are needed, but equally important is the wide network of arteries for

better connectivity to take the developmental activities to the remote areas. The

state government has taken up the construction of roads and bridges on a large

scale in keeping with its resolution of connecting the state capital with the

remotest area so as to cover the distance within a maximum time of 6 hours.

Besides, with a view to ensuring better maintenance of roads in the state, a Bihar

Road Resource Protection Policy has been prepared in 2013-14. However, despite

all these endeavours, the state continues to remain much behind the all-India

average in terms of road length both per lakh of population and per 100 sq. kms.

Against a road length of 347.05 kms per lakh of population at all-India level in

2011-12, Bihar presented a very dismal picture with only 108.60 kms. Even the

road length per 100 sq. kms. was much less in Bihar (119.72 kms.), compared to

all India (127.76 kms.). In 2012-13, Bihar with 174.88 kms. of road length per

lakh population lagged much behind the all-India (387.53 kms) average as

before; but, in terms of road length per 100sq.km., it by-passed all-India

(142.67 kms) with a record achievement of 192.78 kms. As is discerned from the

Table 3.4, in 2012-13, Bihar recorded a big jump by over 73 kms. over the

previous year, as against only 15 kms. at the all-India level.

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During the period October, 2012 and September, 2013, there has been an

increase of 466.33 kms. in the length of National Highways (NH) in the state,

registering an increase of 12.5 percent. However, the State Highways (SH)

registered a decline in road length of about 374 kms. during the period,

indicating that this much length of SH has been upgraded as NH during the year.

The Major District Roads (MDR), registered an increase of 4.64 percent over the

last year, and the length of rural roads increased by around 32.5 percent.

The highways and roads in the state are constructed under different categories,

based on width. As may be observed from Table 3.4, while National Highways

(NH) and State Highways (SH)reportedly has the higher proportion in double lane

category of 7.00 meter width, the Major District Roads mostly consist of single

lane category (3.75 m. width). The district wise road network in Bihar is given in

Table 3.4

The state's road network consists of National Highways, State Highways, Major

District Roads, Other District Roads being maintained by Public Works

Department of the state. Bihar has the largest network of National Highways in

Northern India. The state roads comprise of 32 National Highways and 85 State

Highways.

• In 2012-13, Bihar with 174.88 kms. of road length per lakh population

lagged much behind the all-India (387.53 kms) average as before; but,

in terms of road length per 100 sq.km., it by-passed all-India (142.67

kms) with a record achievement of 192.78 kms. and recorded a big jump

by over 73 kms. over the previous year as against only 15 kms. at all-

India level.

• During October, 2012 and September, 2013, there has been an increase

of 466.33 kms. in the length of National Highway (NH) in the state,

registering an increase of 12.5 percent. However, the State Highways

registered a decline in road length of about 374 kms. during the period,

indicating that this much length of SH has been upgraded as NH during

the year. The Major District Roads (MDR), registered an increase of 4.64

percent over the last year, and the length of rural roads increased by

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around 32.5 percent.

• There were 28 National Highways in the state upto September 2012;

with the addition of 4 more highways during the year, their number has

now become 32, measuring a total length of 4200.71 kms. The length of

National Highways in Bihar is quite inadequate in view of its strategic

location, bordering Nepal. Efforts are underway to increase the existing

length.

• The total length of State Highways (SH) in Bihar is 4483.19 kms., as on

September, 2013. The State Highways have around 62 percent of double

lane roads, 22 percent of single lane and 15 percent of intermediate lane

roads. The four lane roads with width of 14 meters constitute a very

negligible proportion (0.98 percent) of the total road length under State

Highways.

• The Major District Roads in the state are 9449.36 kms. in length, with

varying widths. In view of the inadequacy of width (3.05 – 3.50 m.) of a

majority of MDRs in the state and their incapacity to cope with the

increasing traffic intensity, the state government is making endeavours to

upgrade these roads to a minimum intermediate lane standard with a

width of 5.50 meters. The upgradation work will be taken up, subject to

the availability of funds; in case such upgradation is not possible, their

surface is planned to be renewed.

• The total length of rural roads works out to around 1.62 lakh kms. in

Bihar, of which a substantial proportion is unpaved. The Rural Works

Department constructs rural roads and bridges under various schemes

and has completed about 39,809 kms. of roads at an expenditure of Rs.

18,743 crore. On an average, this implies laying of 41.47 kms. new roads

per day upto September 2013.

• The construction of road over bridges at 22 railway crossings in the state

was taken up on cost sharing basis. The work on 14 road over bridges

was undertaken by IRCON International. Till date, 10 of these road over

JV 29



bridges have already been completed and the work on the remaining four

is in progress. Besides, 8 road over bridges on Major District Roads have

been constructed by IRCON International and the approach roads to 7

out of these 8 have been constructed by the Bihar Rajya Pul Nirman

Nigam Ltd.

Table 3.4: Status of Highways in Bihar (upto September 2013)

Category Road Length (Km.)

September 2012

September 2013

Increase/ Decrease over

the year

National Highways(NH) 3734.38 4200.71 466.33

State Highways (SH) 4857.00 4483.19 -373.81

Major District Roads (MDR) 9030.59 9449.36 418.77

Rural Roads(RR) 122598.00 162407.15 39809.15

Total 140219.97 180540.41 40320.44

Source: Departments of Road Construction & Rural Works, GOB -2013

3.4.2 Traffic Growth Rate

The number of vehicles in the transport sector has grown rapidly over the last

several years. The number of registered vehicles is increasing every year and

recorded more than three fold increase from 1.62 lakh in 2007-08 to around 5

lakh in 2012-13. During the first six months of 2012-13 (April-September), 2.85

lakh new vehicles have been registered. All categories of vehicles recorded a

phenomenal increase during the recent years. While the trucks and auto-

rickshaws displayed almost a five fold increase, the vehicles like cars, taxis,

tractors and the two-wheelers recorded around three fold increase during the

period.

3.5 SOCIO-ECONOMIC PROFILE OF PROJECT INFLUENCED DISTRICTS

3.5.1 DEMOGRAPHIC PROFILE OF PROJECT DISTRCTS

The project influenced district of Purnia and Katihar is spread over 6286 sq. km.

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with a population of 6335648 i.e. (6.09 %) of state population, according to

2011 census. Purnia is the most populous project district with 3264619

population which is 3.14% of state population whereas the population of Katihar

district stands at 3071029. There is a rapid increase in the density of project

districts population during the decade of 2001-2011. Purnia district was recorded

highest density with 1011 persons per sq. km. & Katihar district with 1005

persons per sq.km.

Human development means increased capabilities of people that enable them to

access larger opportunities in life. In the context of HDI in PIA districts, Katihar

tops the position. In Gender Empowerment Measure (GEM) Katihar district scales

the height of success between the project districts. GEM measures whether

women and men are able to actively participate in economic and political life and

in decision making. While GDI focuses on expansion of capabilities, GEM is

concerned with the use of those capabilities to take advantage of the

opportunities in life. While political freedoms, participating in community and

physical security are important parameters for measuring the value and position

of women in the society. By and large, both districts exhibit same characteristics

on the above mentioned points.

Sex ratio is an important dimension in demographic study of a region. It indicates

the number of female per 1000 of males. Ironically, The sex ratio of Katihar

district goes down with 919 whereas Purnia district is recorded with. The sex

ratio of both Purnia and Katihar district is considered among the best 5 districts

in Bihar state.

Table –3.5: Demographic Profile of Project Districts

District

Population % in State Population

% of Urban pop. to

Total Dist. population

Population Density

(Person/sq.KmTotal Rural Urban

Katihar 3071029 2797093 273936 2.95 8.92 1005

Purnia 3264619 2921614 343005 3.14 10.51 1011

Source: Census India & Directorate of Economics and Statistics, Govt. of Bihar - 2011

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3.5.2 LITERACY PROFILE IN PIA DISTRICTS

The project districts have registered impressive growth in literacy in comparison

to some districts of Bihar state. With regard to literacy of male & female category

in project districts, Katihar district tops with 52.24% whereas Purnia district

remains with 51.08 %. The female literacy rate in both district is significantly

lower than the national average. The demographic and Socio-economic

characteristics of the Project district is presented in Table 3.6.

Table 3.6: Socio-Economic Details of Project Districts- 2011 Census

Sl. No

Item UnitName of the District

Katihar Purnia

1 Population Number 3071029 3264619

2 Male Number 1600430 1699370

3 Female Number 1470599 1565249

4 District Area Sq.Km. 3057 3229

5 No. of Villages Number 1548 1282

6 No. of Anchal cum Blocks Number 16 14

7 SC Population Number 263100 292461

8 SC- Male Number 136429 150858

9 SC- Female Number 126671 141603

10 ST Population Number 179971 103493

11 ST- Male Number 92190 53061

12 ST- Female Number 87871 50432

13 Sex ratio (Female per 1000 males)

Number 919 921

14 Population Growth Rate % 28.35 28.33

15 Total Literacy % 52.24 51.08

16 Male Literacy % 59.36 59.06

17 Female Literacy % 44.39 42.34

18 Total Workers Number 3056897 3326306

19 Main Workers Number 664259 782364

20 Cultivator Number 160117 191615

21 Agricultural Labour Number 379464 473664

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22 Household Industry Worker Number 15062 12074

23 Other Workers Number 109616 105011

24 Marginal Workers Number 234067 178336

25 Non Workers Number 1494312 1583242

Source: District Statistical Handbook of BAES & Economic Review,2012-13,Govt. of Bihar

3.6 LAND USE PATTERN

As per the land utilization statistics of 2010-11, out of the total geographical area

605232 ha. the combined cropped area of the project districts was 515048

hectares. The net sown area constitutes of 377339 hectares land. About 1898 ha,

of land is covered under forest. The land use pattern is shown in Table 3.7.

Table – 3.7: Land Use Pattern in Project Districts upto 30/06/2010

Sl. No.

Land Utilization Particulars Unit Katihar Purnia

1 Total Geographical Area Hectare 291349 313883

2 Total Reporting Area for Land Utilization

Hectare 291349 313883

3 Total Cropped Area Hectare 254671 260377

4 Net Area Sown Hectare 168737 208302

5 Forest Land Hectare 1785 113 Source: Directorate of Economics and Statistics, GoB – 2012-13

3.7 CROPPING PATTERN

Paddy, Wheat, Maize, Pulses, Sesamum, Jute, Potato, Groundnut, linseed, Rape

and mustard are widely shown in the project districts. The cropping pattern has

changed over the last two decades as a result of development of irrigation

potential, production technologies, market prices and industrial demands.

There is a moderate growth in area under gram and groundnut. However, there

was an increase in growth rate in area under paddy in kharif crops and jute in

project districts as shown in Table – 3.8, below.

Table – 3.8: The Production of Food grains (in Metric Tonnes) - 2009-10

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District Rice Wheat Maize Jute Potato

Katihar 171 69 141 277 58

Purnea 153 89 138 303 106 Source: Board of Land Records &Directorate of Economics &Statistics,GoB– 2012

3.8 IRRIGATION

The Water Resources Department of the State is striving hard to expand

irrigation facilities by harnessing available surface water through various sources.

No canal water for irrigation is noticed in both project districts. Tube well and

wells are major sources of irrigation. The irrigated area by tube well and well in

Katihar and Purnea district during the year 2009-10 was 208 thousand hectares,

which is 6.7% less than that of in the year 2008-09. Various sources of irrigation

in project districts is shown Table 3.9.

Table – 3. 9: District wise Irrigation by various Sources (in 000' Hectare)- 2009-10

Sl. No. District Tube Well & Well

Canals Tanks Other Sources

1 Katihar 112 0 0 0

2 Purnia 96 0 0 0 Source: Board of Revenue (Land)Directorate of Economics &Statistics,GoB– 2012

3.9 LAND HOLDING PATTERN IN PIA DISTRICTS

The land holders or khatedars name and land holdings are recorded in annual

registers. According to Agricultural Census, 2010-11, the size, class- wise

number and area of operational holdings for all social groups in project districts

presented in Table – 3.10.

Table 3.10: Average Size of Land Holding by Size Class-2010-11

District Size of Holding

(Ha.)

Individual Holdings

Joint Holdings

Sub Total (Ind.

+Joint)

Institutional Total Holdings

Katihar

Below 1 Ha. 0.90 0.82 0.88 0.96 0.88

1Ha.-2 Ha. 1.40 1.43 1.40 1.42 1.40

2 Ha. -4Ha 5.65 6.22 5.77 2.43 5.77

4 Ha. -10 19.22 19.68 19.37 19.68 19.37

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Ha

10 Ha & above

12.27 11.94 12.18 15.01 12.27

Purnia

Below 1 Ha. 0.92 0.88 0.92 0.66 0.92

1Ha.-2 Ha. 1.30 1.28 1.30 1.26 1.30

2 Ha. -4Ha 5.72 5.82 5.73 5.81 5.73

4 Ha. -10 Ha

18.86 10.07 18.86 10.15 18.86

10 Ha & above

0.00 0.00 0.00 0.00 0.00

Source: Agricultural Census, GoB-2011

3.10 TRAFFIC GROWTH RATE

Past trend in the growth rates of traffic intensity along the project corridor

provide a valuable clue to the likely future traffic growth rate. But in some cases,

the past traffic data is inconsistent and can not be taken as a basis for future

traffic growth rate. Alternatively, the motor vehicle registration data at the state

level over the recent past provide more consistent information on the trends in

their growth and thus presents a better tool for estimating future growth rates in

different categories of vehicles. The total number of motor vehicles registered

with the Transport Department of the state was 33301 during 2011- 12. The

details of various category of vehicles registered in 2011-12 and the road

networks in project districts are given in Tables – 3.11 and 3.12 respectively.

Table – 3.11: Motor Vehicles Registration Data in Project Districts

Sl. No

District Trucks Bus Cars Taxi Jeeps Three Wheelers

Two Wheelers

Tactor Tailors Others

Total Registered Motor Vehicles

1 Katihar 14 6 111 26 9 86 14650 511 169 8 15590

2 Purnia 451 44 788 680 714 1654 10585 2121 674 0 17711

Source: Commissioner of Transport, Transport Dept., Bihar

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Table – 3.12 : Road Network in Project District

Sl. No. District NH SH MDR

1 Katihar 90 115.98 375.93

2 Purnia 103.00 161.48 286.25

Source: Public Works Department, Bihar

CHAPTER 4: SOCIAL IMPACT ASSESSMENT

4.1 MAGNITUDE OF IMPACTS

This chapter contains the intensity and magnitude of losses due to the

construction of package-II road. The impacts of the present project include loss

of land (agriculture, residential and commercial), structure (residential,

commercial, government and other assets) and religious properties.

The project impacts were identified through a series of exercises including social

screening during early project preparation stage and informal public consultation

as part of social impact assessment in the project area. A structured format was

used to collect detailed information of the affected structures from the proposed

centre line. The objective of the survey was to generate an inventory of social

impacts on the people affected by the project, the type of impact, type of

ownership, usage of structures and its typology etc. and the views of the likely to

JV 36



be affected person about the project. The major findings and magnitude of

impacts are discussed in the following sections.

4.2. EXTENT OF LAND ACQUISITION

The proposed cross sections indicate that about 45/60 meter width is required to

accommodate various features of proposed road. For widening of the existing

road the social assessment of the impact was conducted within 22.5 m on either

side of proposed centre line. The proposed 60 meter width is earmarked for

development of bypass.

The 49 kilo meter length of the project corridor requires agricultural, commercial

and residential land constituting 49130 decimal. With regard to improvement and

widening of existing road a substantial amount of 19510 decimal of land is

required. Similarly, a major extent of 25614 decimal land is also required for

construction of Katihar bypass. The scope of land acquisition in the project road

sections includes a) for upgradation of existing road a minimum 45m RoW is

required as per MoRTH Guideline b) Bypass is proposed to avoid the impact on

the properties and livelihood that requires 60m RoW c) provisions on road side

amenities. Table 4.1 presents the detail account of land to be acquired for the

project road.

Table 4.1: Land Requirement for Proposed Alignment

Sl. No.

Project Component Total Required Land (Decimal)

1 For Improvement & Widening of Existing Road 19510

2 For Construction of Katihar Bypass 25614

3 For Proposed Realignment 4006

Total 49130

Source: Land Plan Schedule, Aarvee Associates, Hyderabad-2015

4.2.1 Project Impact Zone

With regard to village wise land acquisition, the highest volume of 4399 decimal

of land requires from Daharia village whereas 64 decimal of least amount of land

JV 37



needs to be acquired in Raghunichak village. The village wise land details is given

in Table 4.2.

Table 4.2: Village wise Project Impact & Requirement of Land (in Decimal) for Package-II

Sl. No.

Village Commercial Residential Agriculture Total Required Land for Project

1 Kutubpur 450 450 0 900

2 Pagalbari 503 503 0 1006

3 Manoharpur 479 479 0 958

4 Jagbati 261 261 0 521

5 Kumaripur 770 770 1541 3082

6 Bhermara 152 152 0 303

7 Katihar 264 264 791 1318

8 Basantpur 289 289 385 964

9 Marangi 126 126 586 837

10 Raghunichak 16 16 32 64

11 Sirnia 715 715 1430 2860

12 Chitauria 0 248 991 1239

13 Daharia 440 1760 2200 4399

14 Sahisia 63 253 316 633

15 Baigna 570 0 1329 1899

16 Tiarpara 573 573 287 1433

17 Katihar 311 0 2801 3112

18 Dalan 1037 1382 1037 3456

19 Mehdai 696 928 696 2321

20 Kadepura 274 274 821 1369

21 Rampur 579 868 1447 2893

22 Hathia Ramana 228 342 570 1141

23 Baisi Ramana 158 237 395 789

24 Sadpur Rajwara 188 282 470 941

25 Routara 468 703 1171 2342

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26 Deewanganj 44 65 109 218

27 Singhia 117 265 442 884

28 Dimia Chattarjan 150 225 374 749

29 Raziganj 333 499 832 1664

30 Raipur Ranipatra 105 158 263 527

31 Chandi 202 303 505 1010

32 Bilauri 447 670 1117 2234

33 Abdullahnagar 532 532 0 1064

Total 11598 14592 22938 49130

Source: Design and Land Plan, Aarvee Associates, Hyderabad,2015

4.2.2 Land Required for Proposed Katihar Bypass

The proposed bypass would pass through 11 villages namely Sirnia, Chitauria, Daharia,

Sahisia, Baigna, Tiarpara, Katihar, Dalan, Mehdai, Kadepura and Rampur. For

construction of Katihar bypass 25614 decimal of land is required.

Table 4.3: Project Impacts in Proposed Bypass Village

S. No. Name of the Bypass Name of the Village Total Land to be acquired (Decimal)

1

Katihar Bypass

Sirnia 2860

2 Chitauria 1239

3 Daharia 4399

4 Sahisia 633

5 Baigna 1899

6 Tiarpara 1433

7 Katihar 3112

8 Dalan 3456

9 Mehdai 2321

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10 Kadepura 1369

11 Rampur 2893

25614

Source: Land Records, Revenue Dept., Katihar Dist and 3(a) Notification

4.3 IMPACT ON STRUCTURES

The structures to be acquired within the proposed RoW belong to legitimate

owners as well as non titleholders i.e. encroachers and squatters. A large chunk

of them are squatters. Most squatters are small business owners and vendors.

They form an important vulnerable group for resettlement and income

restoration perspective. The entire project road under study reveals that about

1695 structures comprising private, government and religious would get affected.

According to degree of impact, the structures are categorised as partially affected

and fully affected structures.

The impacted private structures comprises of Residential, Commercial, Res-cum-

Commercial, Compound Wall & Other Properties etc; as well common properties

including public utilities, public and semi public assets are likely to be affected.

The religious structure such as Temple, Mosque, Dargha may be affected due to

the proposed road.

Table 4.4: Impact on Structures in Package-II Road

Sl. No. Type of StructuresNumber of Structures

Percentage (%)

A. Private Property

1 Residential 1270 74.93

2 Commercial 165 9.73

3 Other Assets 163 9.62

B. Religious Property

1 Temple, Mosque 53 3.13

C. Government Property

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1 Govt. Offices 44 2.60

Total (A+B+C) 1695 100

4.3.1 Usage of Structures

Of total 1695 structures, 827 structures may get affected completely. Some

titleholders properties which fall beyond the existing RoW may also be acquired

for the development of the project road. A substantial 868 number of partially

affected structures are identified within the proposed RoW. Under the partially

affected category a significant number of structures constituting residences, huts

and compound walls or fences may be affected. In some places only front portion

of residential and commercial units may be affected. As regard to structures of

both category i.e., fully affected and partially affected structures, we found that

the residential structures of semi pucca category constitute a large chunk of 514

followed by Kutcha houses with 505. The list of affected structures is presented

in Table 4.5.

Table 4.5: Identification and Usage of Structures across the Project Road

Sl. No.

Name of the StructuresPartially Affected Fully Affected

No. Percentage (%)

No. Percentage (%)

A. PRIVATE STRUCTURES

I. Residential

1 Hut/Kutcha 137 15.78 368 44.50

2 Residential Semi Pucca 335 38.59 179 21.64

3 Residential Pucca 219 25.23 32 3.87

II. Commercial

4 Commercial Structure-Semi Pucca

62 7.14 86 10.40

5 Petrol Bunk 1 0.12 4 0.48

6 Educational Inst. Pucca 10 1.15 2 0.24

III. Other Assets

7 Small Room 4 0.4610

1.21

8 Wells 1 0.12 6 0.73

9 Toilet 3 0.35 29 3.51

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10 Compound Wall 80 9.22 30 3.63

B. GOVERNMENT STRUCTURES

11 Govt. Office 11 1.27 19 2.30

12 Bus Stop 0 0.00 13 1.57

13 Hospital 0 0.000 1 0.12

C. RELIGIOUS STRUCTURES

1 Temple, Mosque 5 0.58 48 5.80

Total (A+B+C) 868 100.00 827 100.00

Source: Survey Data, Aarvee Associates, Hyderabad,2015

Approximately, 90.21 percent private structures which comes under fully affected

category might be affected followed by 3.99 percent government structures, 5.8

percent religious structures.

CHAPTER 5: LEGAL POLICY FRAME WORK & ENTITLEMENT MATRIX

5.1 INTRODUCTION

This chapter contains the resettlement plan for the potential social impact

anticipated due to the proposed project. In this regard, a compatible

Rehabilitation and Resettlement Policy has to be developed based on

JV 42



Government of India and State Government Policy and accordingly a full

resettlement action plan will be prepared for the project in the subsequent

stages of project preparation.

All strategic interventions on human development, spread across all social

issues, need directives of policies and legal support to operationalise the

appropriate actions. These policies and legislations help to overcome the

constraints and support administrator, implementer, community and

individual in delivery of justice. This chapter includes the World Bank as well

as National policies and Acts applicable to the proposed Project are detailed

under:

5.2 OBJECTIVES OF RESETTLEMENT POLICY

This RAP is project specific resettlement plan and has been prepared in the

line of Government Policy. The RAP is based on the general findings of the

census and socio economic survey, field visits, and meetings with various

project affected persons in the project area. The primary objective of the

RAP is to identify impacts and to plan measures to mitigate various losses

due proposed project. The specific objectives are as follows:

• To minimize displacement and to promote least displacing

alternatives

• To ensure adequate rehabilitation package and expeditious

implementation of rehabilitation process with the active

participation

• To provide better living conditions and making concerted effort for

providing sustainable income to affected families

• Develop harmonious relationship between requiring body and

affected families

The RAP outlines the details of the project, description of the project

location, the magnitude of impacts based on the census, and spells out the

necessary implementation procedures for resettlement and rehabilitation of

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the entire project affected families including the entitlement matrix as well

as the legal framework and policies.

5.3 POLICY FRAMEWORK

The policy framework and entitlement for the Program are based on national

laws: The Land Acquisition & Rehabilitation and Resettlement Act-2013,

Asian Development Bank Policy on Involuntary Resettlement, OP 4.12. The

following section deals with these policies with a comparison and

subsequently deals with the entitlements and eligibility for compensation and

other resettlement entitlements.

Through the proposed R&R entitlement policy and framework is committed

to ensure that the livelihoods of project-affected persons are at least

restored to pre-project levels, with the opportunity to improve on living

standards where possible. The policy addresses the following adverse

impacts associated with road construction and upgrading activities:

• Loss of land and other privately-owned assets

• Adverse impacts on subsistence/livelihood or income-earning capacity

• Collective adverse impacts on groups (e.g., through the loss of business

resources and assets)

To mitigate unforeseen effects on roadside communities and promote general

upliftment, rehabilitation and support measures will be extended to include

households of the defined vulnerable social categories who may be adversely

affected by road construction.

5.4 NATIONAL HIGHWAYS ACT- 1956

The act is applicable to the whole of India except the state of Jammu and

Kashmir. The policy provides a broad guideline of procedure of land

acquisition. The National Highways Act 1956 (NH Act) is commonly used for

acquisition of land for any public purpose. It is used at the State level made

to suit local requirements. Expropriation of land, compensation for land,

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houses and other immovable assets are carried out under the National

Highways Act 1956. The Act deals with compulsory acquisition of private land

for public purpose. The LA Act does not contain any provision specifically

dealing with resettlement including income restoration aspects.

The procedure of NH Act under this act is summarized below:

5.4.1 Intention & Declaration

• When a National Highways require a land, an application is required to

be made by it to the revenue authority;

• The application should be accompanied with a copy of the plan showing

survey nos., purpose of acquisition and the reason for the particular site

to be chosen and the provision made for the cost of the acquisition;

• After the government has been fully satisfied about the purpose, the

least area needed, and other relevant facts as provided under land

acquisition rules, it will issue a notification under Section 3A of the act

that the particular land is required for public purpose;

• The Competent Authority will hold an inquiry under Section 3-B of the

Act;

• After notification the owner is prohibited from selling his property or

disposing it off and prevented from carrying out any works of

improvements for which no compensation will be paid if executed

without prior permission from the collector.

5.4.2 Objection and Confirmation

Objections are invited from all persons interested in the land within 21 days

from the date of notification under Section 3-A.

The objections will be valid on one or more of the following grounds:

➢ That the purpose for which the land is proposed for acquisition is not a

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public purpose.

➢ That the land is not or less suitable than another piece of land for the

said purpose.

➢ That the area under acquisition is excessive.

➢ That the acquisition will destroy or impair historical or artistic

monuments or will desecrate religious buildings, graveyards and the

like.

➢ The CA after hearing the objections will submit his report to the Central

government, who will finally declare the land for acquisition under

Section 3-D of the Act.

➢ After notification the collector proceeds with the claim. He has the site

marked out, measured and a plan of the same made vide Section 3-E.

5.4.3 Claim and Award

• The collector will issue notices under Section 3-G to all persons interested

in the acquisition to file their claim reports;

• The collector is not to be a party to the proceedings, is to possess an

expert knowledge on valuation, and offers a fair price to an owner and

checks that the public funds are not wasted;

• The claim filed should contain the names of the claimants and co-shares,

if any rents or profits for last three years and a valuation report of the

land from an architect or an engineer;

• In determining the compensation the market value of the land is

determined at the date of notification. The rise and fall in the value

during the period of transaction and notification is taken into

consideration;

Compensation is also payable when:

1. Part of the property is proposed for acquisition in such a manner that

the remainder depreciates in value.

2. When the land notified for acquisition has standing crops or trees.

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3. If the person interested has to change his place of residence or business

then the excess rent payable for the new premises is also considered for

compensation.

Matters which are not taken into consideration for the purpose of land

acquisition are:

• The degree of urgency which has led to the acquisition.

• Any disinclination of the person interested to part with the land.

• Any increase in the land value likely to accrue from the use to which

it will be put when acquired.

• After necessary inquiries the collector declares his award showing

true area of the land, total amount of compensation payable and

apportionment of compensation if there are more than one owners or

claimants.

• The collector has to make the award under section 11 within a period

of two years from the date of notification.

5.4.4 Reference to Arbitrator

➢ Any person interested, to whom the award is not satisfactory, can

submit a written application to the Arbitrator.

➢ This application should be made within six weeks from the date of

declaration of the award.

5.4.5 Apportionment

In apparent of the compensation each of the claimants are entitled to the

value of his interest, which he has lost, by compulsory acquisition. Thus

it is required to value a variety of interest, rights and claims in the land

in terms of money.

5.5 THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,2013

The 1894 Land Acquisition Act was repealed and a new comprehensive

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legislation was brought in Parliament and it came to effect on 1st January

2014. This Central Act ensures, in consultation with institutions of Local Self-

Government and Gram Panchayats established under the Constitution, a

humane, participative, informed and transparent process of land acquisition

for industrialization, development of essential infrastructural facilities and

urbanization with the least disturbance to the owners of the land and other

affected families and provide just and fair compensation to the affected

families whose land has been acquired or proposed to be acquired or are

affected by such acquisition and make adequate provisions for such affected

persons for their rehabilitation and resettlement and ensuring that the

cumulative outcome of compulsory acquisition should be that the affected

persons become partners in development leading to an improvement in their

post-acquisition social and economic status and for matters connected

therewith or incidental thereto.

The provisions of this Act Under Section 2(1) relating to land acquisition,

compensation, rehabilitation and resettlement, shall apply, when the

appropriate government acquires land for its own use, hold and control,

including for Public Sector Undertakings and for public purpose. Under

LARRA, 2013 for land acquisition for various types of project, provisions of

consent has been inbuilt to secure the interest of the stakeholders.

Table 5.1: Consent Requirements For Project As per Types and Sites

Protect Type + AreaConsent

Land Owners and Tenants

Gram Sabha/ Panchayat/ Autonomous District Council

Public + Non-Scheduled Area

Not required Not required

Public + Scheduled Area Not required Required

PPP + Non-Scheduled Area Required (70%) Not required

PPP + Scheduled Area Required (70%) Required

Private + Non-Scheduled Area

Required (80%) Not Required

Private + Scheduled Area Required (80%) Required

The LARRA, 2013 provides a framework for facilitating land acquisition in

India. LARRA, 2013 enables the State Government to acquire private land for

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public purposes. The main elements of LARRA, 2013 that are applicable

include as provided in Table 5.2.

Table 5.2: Summary of the LARRA Sections as applicable

Sl. No. Section Description of the Section

1. Section 4 (1) – SIA Notification

Social Impact Assessment Study(SIA) Total duration 6 months

2. Section 4 (2)

The notification for Social Impact Assessment Study shall be published in the local language and that shall be made available in affected area, Panchayat Office, Municipality or Municipal Corporation, District Collector, SDM office and respective Tehsil etc.

3. Section 5 Public Hearing for SIA

4. Section 6 (1) Publication of SIA

5.Section 7(1) – SIA evaluation and approval

Independent SIA Evaluation by Expert Group― 2 non official social scientist― 2 representatives of Panchayat,

Gram Sabha, Municipality or Corporation

― 2 experts on rehabilitation― 1 technical expert in subject area― Publication of recommendation― Total duration 2 months

6. Section 8 Examination of proposals for land

acquisition and Social Impact Assessment report by appropriate Government

7. Section 11(1) – Notice to acquire land

Publication of Preliminary Notification for land acquisition

8. Section 11(5) – Land record updation

Updating Land records Total duration 2 months

9. Section 12-Preliminary Survey of land

Preliminary Survey of land and power of officers to carry out survey.

10. Section 14 – SIA lapse period

If Section 11(1) not published within 12 months (18 months from the date of 4(1) notification) after the submission of SIA

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report under section 7, such report will lapse . Then fresh SIA to be done before acquisition under section 11.

Appropriate government shall have the power to extend the period of 12 months

11. Section 15(1) – Hearing of objections

Within 60 days from the date of 11(1) notification

12.

Section 16(1) – Preparation of R&R Scheme by Administrator (by state notification not below the rank of Joint Collector or Additional Collector or Dy. Collector or equivalent official of Revenue Department to be the Administrator for R&R)

After the publication of 11(1) notification by collector, Administrator for R&R shall conduct census survey for affected families.

13. Section 16(5) Public hearing of R&R Scheme

14. Section 16(6) Submission of draft R&R scheme to

collector

15. Section 17(1) Review of R&R scheme by Collector with

R&R committee

16.Section 18 – Approval of R&R scheme by Commissioner

Officer of the rank of Commissioner or Secretary of that Government

17.

Section 19(1) – Publication of declaration and summary of R&R

To be published within a period of 12 months from the notification under section 11(1) excluding stay or court order

18.Section 19(7) – Lapse of notification under section 11(1)

If no declaration is made within 12 months from the notification under section 11(1) excluding stay or court order

19. Section 21(1) Notice to person interested for taking

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possession.

20. Section 23 Land Acquisition Award by collector

21.Section 25 – Lapse of entire proceeding for acquisition

Award to be made within 12 months from the date of declaration under section 19. (Appropriate government shall have the power to extend the period with justification).

22. Section 26 The District Collector gets absolute right

to determine the Market Value of the Land

23. Section 30(3)

In addition to the market value of the land an amount of 12 % per annum needs to be given to land looser.

This award (additional amount 12%) would be considered for commencing period and from the date of publication of the notification of the social impact study till the award o

24. Section 31(1)

R&R award by collector Collector shall take possession after

ensuring 100% compensation payment and R&R entitlement or

Tendered within a period of 3 months for compensation and 6 months for R&R entitlements.

25. Section 38(1) Power to take possession of land to be acquired by Collector

26. Section 38(2) R&R process to be completed in all respect before displacing the AFs

27. Section 43(3)

Formulation, Execution and monitoring of R&R scheme shall vest in the Administrator under the direction and control of Government and Commissioner R&R.

28. Section 44(1) Appointment of R&R Commissioner

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29. Section 44(2)

Commissioner will be responsible for supervising the formulation of R&R schemes or plans and proper implementation of such schemes or plans.

30. Section 44(3)

Commissioner shall be responsible for post implementation social audit in consultation with Gram Sabha in Rural areas and municipality in urban areas.

31.

Section 45(1) Composition of R&R committee: (acquisition of equal to or more than 100 acres of land)

Chairman (Collector) Women representative residing in affected

area Representative of ST &SC residing in the

affected area Representative of NGO working in the

area Representative of Nationalized bank Land Acquisition officer of the project. Chairpersons of the Panchayats or

municipalities located in the affected area or their nominees.

Chairperson of the District Planning Committee or his nominee.

MP and MLA of the concerned area or their nominees.

Representative of the requiring body. Administrator for R&R as member-

convenor.

5.6 Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 2002

The Act provides for the inclusion in the lists of Scheduled Tribes (ST), of

certain tribes or tribal communities or parts of or groups within tribes or

tribal communities, equivalent names or synonyms of such tribes or

communities, removal of area restrictions and bifurcation and clubbing of

entries; imposition of area restriction in respect of certain castes in the lists

of Scheduled Castes (SC) and the exclusion of certain castes and tribes from

the lists of SCs and STs.

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5.7 Various Provisions Under LARR Act-2013

Table: 5.3 – THE LAND ACQUISTION, REHABILATATION AND RESETTLEMENT ACT,2013

1. LAND ACQUISITION

In case of land acquisition the amount of compensation to be determined is that of the

value of the land +100 percent Solatium+12 percent additional market value from the

date of notification to taking over the possession or award whichever is higher. Market

value of land as mentioned under section 26 of LARRA Act-2013 needs to be

multiplied by the radial factor (based on the distance of project from urban

area as notified by the appropriate government- e.g multiplication of 2 in

Rural area and Multiplication of 1 in Urban area) plus value of assets attached

to land or building (mentioned in Section 29 of LARRA Act-2013) Plus

Solatium (solatium includes 100% market value multiplied by 2 plus value of

assets in Rural area and multiplied by 1 plus value of assets in urban area)

Example: Rural Area: If the Market value of land is Rs. 200, the final award will be

Rs.200 x2 +Solatium(100 % of Market Value x 2) =400+400=800 i.e 4 times of Market

Value I.e Rs.200x4=Rs.800

Urban Area: If the Market value of land is Rs. 500, the final award will be Rs.500 x1

+Solatium (100 % of Market Value x 1) =500+500=1000 i.e 2 times of Market Value

i.e Rs.500x2=Rs.1000.

2. PROVISION OF HOUSING UNITS IN CASE OF DISPLACEMENT

If a house is lost in rural areas, a constructed house shall be provided as per

the Indira Awas Yojana specifications. If a house is lost in urban areas, a

constructed house shall be provided, which will be not less than 50 sq mts in

plinth area.

The benefits listed above shall also be extended to any affected family which is without

homestead land and which has been residing in the area continuously for a period of

not less than three years preceding the date of notification of the affected area which

has been involuntarily displaced from such area:

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Provided that any such family in urban areas which opts not to take the house offered,

shall get a one-time financial assistance for house construction, which shall not be less

than one lakh fifty thousand rupees:

Provided further that if any affected family in rural areas so prefers, the equivalent cost

of the house may be offered in lieu of the constructed house:

Provided also that no family affected by acquisition shall be given more than one house

under the provisions of this Act.

Explanation- The houses in urban areas may, if necessary, be provided in multi-storied

building complexes

3. CHOICE OF ANNUITY OR EMPLOYMENT

The appropriate Government shall ensure that the affected families are provided with

the following options:

(a) where jobs are created through the project, mandatory employment at a rate

not lower than the minimum wages provided for in any other law for the time being

in force, to at least one member per affected family in the project or arrange for a job

in such other project as may be required; or

(b) one time payment of five lakhs rupees per affected family; or

(c) annuity policies that shall pay not less than two thousand rupees per month

per family for twenty years, with appropriate indexation to the Consumer Price

Index for Agriculture Labourers.

4. SUBSISTENCE GRANTS



Given monthly subsistence allowance equivalent to three thousand rupees per

month for a period of one year from the date of award. In addition to this amount,

the scheduled castes and the scheduled Tribes displaced from Scheduled Areas shall

receive an amount equivalent to fifty thousand rupees.

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5. TRANSPORTATION COST



Each affected family which is displaced shall get a one time financial assistance of fifty

thousand rupees as transportation cost for shifting of the family, building materials,

belongings and cattle.

6. CATTLE SHED/ PETTY SHOPS COST

Each affected family having cattle or having a petty shop shall get one-time financial

assistance of such amount as the appropriate Government may, by notification, specify

subject to a minimum of twenty-five thousand rupees for construction of cattle

shed or petty shop as the case may be.

7. ONE TIME GRANTS TO ARTISAN, SMALL TRADERS AND OTHERS

Each affected family of an artisan, small trader or self-employed person or an affected

family which owned non-agricultural land or commercial, industrial or institutional

structure in the affected area, and which has been involuntarily displaced from the

affected area due to land acquisition, shall get one-time financial assistance of such

amount as the appropriate Government may, by notification, specify subject to a

minimum of twenty-five thousand rupees.

8. ONE TIME RESETTLEMENT ALLOWANCE

Each affected family shall be given a one-time "Resettlement Allowance" of fifty

thousand rupees only.

9. STAMP DUTY REGISTRATION

(1). The stamp duty and other fees payable for registration of the land or house

allotted to the affected families shall be borne by the Requiring Body.

(2). The land for house allotted to the affected families shall be free from all

encumbrances.

(3). The land or house allotted may be in the joint names of wife and husband of the

affected family.

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10. PROVISION OF INFRASTRUCTURAL AMENITIES

1. Roads within the resettled villages and an all weather road link to the nearest pucca road, passages and easement rights for all the resettled families be adequately arranged.

2. Proper drainage as well as sanitation plans executed before physical resettlement.

3. One or more assured sources of safe drinking water for each family as per the norms prescribed by the Government of India.

4. Provision of Drinking water for cattle.

5. Grazing land as per proportion acceptable in the State.

6. A reasonable number of Fair price Shops

7. Panchayat Ghars, as appropriate.

8. Village level Post Offices, as appropriate, which facilities for opening saving accounts.

9. Appropriate seed-cum-fertilizer storage facility if needed.

10. Efforts must be made to provide basic irrigation facilities to the agricultural land allocated to the resettled families if not from the irrigation project, then by developing a cooperative or under some Government scheme or special assistance.

11. All new villages established for resettlement of the displaced persons shall be provided with suitable transport facilities which must include public transport facilities through local bus services with the nearby growth centres/ urban localities.

12.Burial or cremation ground, depending on the caste communities at the site and their practices.

13. Facilities for sanitation, including individual toilet points.

14. Individual single electric connections(or connection through non-conventional sources of energy like solar energy), for each household and for public lighting.

15.Anganwadi's providing child and mother supplemental nutritional services.

16. School as per the provisions of the right of children to Free and Compulsory Education Act, 2009 (35 of 2009);

17. Sub-health centre within two kilo metres range.

18. Primary Health Centre as prescribed by the Government of India.

19. Playground for children.

20. One community centre for every hundred families.

21. Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area.

22. Separate land must be earmarked for traditional tribal institutions.

23. The forest dweller families must be provided, where possible, with their traditional rights on non-timber forest produce and common property resources, if available close to teh new place of settlement and, in case any such family can continue their access or

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entry to such forest or common property in the area close to the place of eviction, they must continue to enjoy their earlier rights to the aforesaid sources of livelihood.

24. Appropriate security arrangements must be provided for the settlement, if needed.

25. Veterinary service centre as per norms.

11.SPECIAL PROVISIONS FOR SCHEDULED CASTE AND SCHEDULED TRIBES

(1) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled castes or the Scheduled Tribes families, a Development plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due but not settled and restoring titles of tribals on alienated land by undertaking a special drive together with land acquisition.

(2) The Development Plan shall also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years sufficient to meet the requirements of tribal communities as well as the Scheduled castes.

(3) The concerned Gram Sabha or the Panchayats at the appropriate level in the Scheduled Areas under the Fifth Schedule to the Constitution or , as the case may be, Councils in the Sixth Scheduled Areas shall be consulted in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force as per the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and other relevant laws.

(4) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families at the outset as first installment and the rest shall precede the taking over of the possession of the land.

(5) The Scheduled Tribes affected families shall be resettled preferably in the same Scheduled Area in a compact block, so that they can retain their ethnic, linguistic and cultural identity.

(6) The resettlement areas predominately inhabited by the Scheduled castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government, free of cost for community and social gatherings.

(7) In case of a project involving land acquisition on behalf of a Requiring body, the affected families belonging to the Scheduled Castes and the Scheduled Tribes resettled out of the district of acquisition will get twenty-five percent. Higher monetary benefits under Rehabilitation and Resettlement Scheme.

(8) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and avoid; and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be available to the original tribal land owners or land

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owners belonging to the Scheduled Castes.

(9) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled castes families having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects.

(10) Where the affected Scheduled Castes and Scheduled Tribes are relocated outside of the district then they shall be paid an additional twenty-five percent. Rehabilitation and Resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees.

5.8 PRINCIPLES AND POLICIES ADOPTED FOR THE PROJECT

The core involuntary resettlement principles for this project are: (I) land

acquisition, and other involuntary resettlement impacts will be avoided or

minimized exploring all viable alternative sub-project designs; (ii) where

unavoidable, time-bound resettlement action plan (RAP) will be prepared and

PAPs will be assisted in improving or at least regaining their pre-project

standard of living;(iii) Consultation with PAPs on compensation, disclosure of

resettlement information to PAPs, and participation of in planning and

implementing sub-projects will be ensured; (iv) vulnerable groups will be

provided special assistance (v) payment of compensation to PAPs for

acquired assets at replacement rates; (vi) payment of compensation and

resettlement assistance prior to the construction contractor taking physical

acquisition of the land and prior to the commencement of any construction

activities; (vii) Provision of income restoration and rehabilitation; and (Viii)

establishment of appropriate grievance redress mechanisms.

5.9 ENTITLEMENT MATRIX

The broad entitlement matrix comprising the R & R compensation and

assistance is presented below. The titleholder PAPs will receive compensation

for land and assets, as decided by the competent authority.

The titleholders are entitled to receive compensation for land/assets at

replacement cost, R & R assistance and allowances for fees or other charges.

They should be given advance notice to harvest non-perennial crops, or

compensation for lost standing crops. They will have the right to salvage

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material from existing structures.

The LARR-2013, represents a significant milestone in the development of a

systematic approach to address resettlement issues in India and closes

significantly the gap between Indian national policies and operational policy

of the World Bank. The National Highways Act, 1956 gives directives for the

acquisition of land in the public interest and provides benefits only to

titleholders.

Based on these, the following core involuntary resettlement principles are

applicable:

• Avoid or minimize land acquisition and involuntary resettlement impacts

by exploring all viable alternative designs;

• Where displacement is unavoidable, prepare time-bound RAP for PAPs so

that they are not worse off than the present socio-economic condition

after the implementation of the project. In other words, assist affected

persons in improving their former living standards and income earning

capacity with additional assistance to vulnerable groups;

• Ensure wide range of meaningful consultations with stakeholders

including likely PAPs on compensation, disclosure of resettlement

information, participation of PAPs in planning and implementation of the

resettlement program in order to suitably accommodate their inputs and

make rehabilitation and resettlement plan more participatory and broad

based;

• Facilitate harmonious relationship between the Executing Authority and

PAPs through mutual co-operation and interaction;

• Ensure payment of compensation and resettlement assistance prior to

taking over the possession of land and commencement of any

construction activities;

• Provision of rehabilitation assistance for loss of livelihood/income;

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• Establishment of institutional arrangements such as grievance redress

mechanism, NGO.

Eligibility of different categories of PAFs will be as per the Entitlement Matrix

shown in the section below.

Table: 5.4 ELIGIBILITY FOR COMPENSATION/ASSISTANCE

Sl. No.

Eligibility

1 The unit of entitlement will be the family.

2 Titleholder PAFs will be eligible for compensation as well as assistance.

3

In case a PAFs could not be enumerated during census, but has reliable evidence to prove his/her presence before the cut-off date in the affected zone shall be included in the list of PAPs after proper verification by the grievance redress committee.

4 PAFs from vulnerable group will be entitled for additional assistance as specified in the Entitlement Matrix.

5PAFs belonging to BPL category will be identified at the time of disbursal of Compensation. They will get benefits as detailed in Entitlement Matrix.

6PAFs will be entitled to take away or salvage the dismantled materials free of cost without delaying the project activities.

7

If a notice for eviction has been served on a person/family before the cut-off date and the case is pending in a court of law, then the eligibility of PAP will be considered in accordance with the legal status determined by the court and the PAP will be eligible for compensation/assistance in accordance with the RAP provisions.

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Table 5.5: Entitlement MatrixSl. No.

Category of Impact

Eligibility for Entitlement

LARR Act- 2013 ProvisionsRemarks

Entitlement Provisions1 2 3 4 5 6

1. Loss of Land Titleholder

• Market value of land. This will be determined as per Sections 26 to 29 of LARR Act 2013 by Collector.

• Amount equivalent to current stamp duty and registration charges on compensation amount for replacement of lost assets.

Applicable as per LARRA 2013.

― Market value will be determined by the Collector (under section 26-29). This as per First Schedule of the LARRA, 2013.

― All the entitlements for loss of land will be provided for each survey number based on ownership records to the rightful owner or their heirs as applicable.

Land Value factor Scale 1 to 2 based on the distance of project from urban area, as may be notified by appropriate government. Illustrative scale (0-10 km=1), (10-20=1.20), (20-30 km=1.40), (30-40 km=1.80), and (40-50 km=2).

― The proposed alignment passes through rural areas in Katihart district, Bihar state. Thus as per LARRA 2013 the

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61 61 61


Category of Impact




radial factor of 2 shall be applicable for calculating the market value of the land as per First Schedule of the Act.

Affected Family/Person

Land for land Not applicable Not applicable

2.Loss of other Immovable Assets Titleholder

Value of Assets attached to land or building

To be considered:• Standing crops, Trees,

Livelihood loss.

• As per LARRA 2013 under First Schedule Sl. No.2 (ref. Section 29).

3.

Loss of Land, Structure and other immovable assets (1+2)

Titleholder Solatium 100% on total compensation (including value of assets)

• As per LARRA 2013 - Under section 30(1) of the Act.

• The compensation is calculated for land and structures as applicable and the total of all considered before considering the solatium.

4. Loss of Land and Titleholder Additional 12% In addition to the market value of • As per LARRA

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62 62 62


Category of Impact




other assets on market value of land.

land, additional 12% per annum to be paid on such market value commencing on and from the date of publication of notification, till award or date of taking possession of land whichever is earlier.

2013. Under section 30 (3) of the Act.

5a. Loss of Structure Titleholder Provision of Housing unit or value of the lost structure

• If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq. mts. in plinth area.

• Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act.

• Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees. (Rs. 1,50,000.00)

• Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house;

• Provided also that no family affected by acquisition shall be

• As per LARRA 2013 for Non-titleholders as given under Second Schedule of this Act.

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Category of Impact




given more than one house under the provisions of this Act.

Explanation:The houses in urban areas may, if necessary, be provided in multi-story building complexes.

5b. Loss of Structure Non-titleholder

Provision of Housing unit or value of the lost structure

The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area:

• Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees. (Rs. 1,50,000.00)

• Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house;

• Provided also that no family

• As per LARRA 2013 as given under Second Schedule of this Act.

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Category of Impact




affected by acquisition shall be given more than one house under the provisions of this Act.

Explanation:The houses in urban areas may, if necessary, be provided in multi-story building complexes.

6a. Loss of LivelihoodAffected Family/Person

Annuity or Employment

(a) Job OR

(b) 5 lakh one-time payment OR

(c) Rs. 2000.00 per month for 20 years (with increment) (the option of availing a, b, or c shall be that of the affected family)

Where jobs are created through the project affected families will get after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or(b) onetime payment of five lakhs rupees (Rs.5,00,000) per affected family;or

(c) Annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. (Refer: http://labourbureau.nic.in).

• As per LARRA 2013 under Second Schedule of the Act.

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Category of Impact




6b. Loss of LivelihoodAffected Family/Person

Subsistence grant for displaced families for a period of one year (even if the families displaced due to land acquisition)

• Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. (Rs. 3000.00 per month for one year = 36,000.)

• As per LARRA under Second Schedule of the Act.

• In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. (Rs. 50000.00).


7. StructureAffected Family/Person

Transportation cost for displaced families.

One time financial assistance of Rs. 50000.00 for shifting family, building material, belongings and cattle.


8. StructureAffected Family/Person

Commercial Establishments including Owners and Tenants

Each affected family having cattle or having a petty shop shall get one time financial assistance of such amount as the appropriate government may, by notification, specify subject to a minimum of Rs. 25000.00 for construction of cattle shed or petty shop as the case may be.


9. Livelihood Affected One time grant to Each affected family of an artisan, • As per LARRA

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Category of Impact




Family/Personartisan, small traders and certain others

small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of Rs. 25000.00.

2013 under Second Schedule of the Act.

10.Land/Structure/Livelihood

Affected Family/Person

One time resettlement allowance.

Each affected family shall be given a one-time “Resettlement Allowance” of Rs. 50000.00.


11. Land/Structure TitleholderStamp duty and registration fee.

(1) The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body.

(2) The land for house allotted to the affected families shall be free from all encumbrances.

(3) The land or house allotted may be in the joint names of wife and husband of the affected family.

As per LARRA 2013 under Second Schedule of the Act.

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Category of Impact




12.Land/Structure/Livelihood

Affected Family /Person

Any other unforeseen impacts

Any unforeseen impact would be addressed and mitigated as necessary by the Implementing Agency.

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CHAPTER 6: STAKEHOLDERS' CONSULTATION

6.1 INTRODUCTION

Consultative procedures has been a critical but important front in the entire

social assessment process. Public consultations in social impact assessment

facilitates to make a rapport with the villagers in the project villages and provide

basic inputs. In this regard, the social assessment ensures the involvement of

local communities through participatory planning through structured

consultations would endorse and integrate important resettlement issues in the

project cycle.

For the purpose of stakeholder's consultation a team of social experts visited the

total stretch of package-II. In the process of information dissemination, collecting

relevant data and to acquaint with social requirements of the project,

government officials, key informants & knowledgeable person and other

stakeholders were consulted. The preliminary consultation meetings were

conducted in five villages.

The consultations were undertaken with various stakeholders at village levels for

sharing the information about the alignments. Prior intimation was given to the

villagers and the local public representatives e.g Sarpanch/Gram Mukhia of the

respective village to participate in the consultations. The village wise issues and

concern were discussed and suggestions made by the participants were recorded.

The range of discussion includes perception, attitude, benefit, problem,

suggestions recommendation and solution on social, economic, engineering

viability of the project.

In addition to bypass village level consultations, some preliminary meeting with

villagers, road users, shopkeepers, dwellers and other knowledgeable persons

were also conducted at village junction.

Almost all stakeholders' meeting were conducted in respective village Office. The

public representative or eminent person of the respective village presided the

meeting with Ararvee Associate representatives. Mr. Sobhan Patnaik, Mr.

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Rajashekar and Mr. Gunjan Kumar participated in the meeting. The other

participants were revenue official, village elders, road side residents and probable

impacted families.

6.2 Issues Discussed

➢ The social team explained the need and technical details of the Package

-II road and need of bridge to the participants in terms of its length,

characteristics of the paved shoulder and need of bypass etc.

➢ For a better understanding about the proposed alignment with cross

sections the social team explained in detail to the PAPs.

➢ The land requirements for construction of the alignment and probable

impacts to the villagers was also discussed.

➢ The project’s efforts at minimizing land acquisition and promoting safety

measures were also discussed.

➢ Special attention for the weaker section of the society in general and

women in particular were also discussed.

➢ The broad principles and R & R mechanisms as per LARR Act-2013 was

also presented in detail.

The main objectives of undertaking these consultations were as follow:

➢ Dissemination of information on the proposed alignments

➢ To make affected persons aware of the project impacts and broad provisions

of the R&R policy.

➢ Discuss about the training requirements to enhance their skills & restore the

livelihood.

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CHAPTER 7: REHABILITATION & RESETTLEMENT BUDGET

7.1 COST AND BUDGET

The budget is an indicative of outlays for the different expenditure categories.

The estimated budget for resettlement action plan for the project which include

land acquisition cost, structures cost and contingency is prepared as per the

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act-2013.The costs will be updated and adjusted to the

inflation rate as the project continues and in respect of more specific information

such as additional number of project affected people during the implementation,

unit cost will be updated if the findings of the district level committee on market

value assessment justify it.

The resettlement cost estimate for this project includes eligible compensation as

per entitlement matrix and support cost for RAP implementation. Contingency

provisions of about 10% of the total cost of R & R component is considered in the

budget mainly to meet the inflation and also to meet the cost of additional land

acquisition if required. The valuation of losses has been considered on the basis

of consultation with the revenue officials as well as with the project affected

population. Some of the major items of this R&R cost estimate are outlined below

and the R&R budget is presented in Table 7.1.

1. Compensation for Land

2. Compensation for structures and other immovable assets at their

replacement cost

3. Contingency cost

7.1.1 Compensation for Land

The total land need to be acquired for the proposed project is 49130 decimals.

The land price has been calculated on the basis of highest of circle rate for the

respective village.

The valuation of losses has been considered on the basis of consultation with the

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revenue officials as well as project affected people. While the information

obtained from the revenue offices has been treated as actual transaction rate for

compensation and the information obtained from the affected people or villagers

is treated as the existing non official market value. The detail land account is

appended in Annexure 7.1

According to LARRA Act-2013, the market value of land as mentioned under

section 26 of act needs to be multiplied by the radial factor (based on the

distance of project from urban area as notified by the appropriate government-

e.g multiplication of 2 in Rural area and Multiplication of 1 in Urban area) plus

value of assets attached to land or building (mentioned in Section 29 of LARRA

Act-2013) Plus Solatium (solatium includes 100% market value multiplied by 2

plus value of assets in Rural area and multiplied by 1 plus value of assets in

urban area).

Table 7.1: Land Rate in Package-II Village

Sl. No. Village

To be Acquired Land

(in Decimal)

Land Rate (in Crore)

R & R Compensation

(in Crore)

1 Kutubpur 900 1.44 5.76

2 Pagalbari 1006 1.71 6.84

3 Manoharpur 958 4.79 19.16

4 Jagbati 521 0.78 3.12

5 Kumaripur 3082 6.39 25.56

6 Bhermara 303 0.62 2.48

7 Katihar 1318 8.12 32.48

8 Basantpur 964 1.74 6.96

9 Marangi 837 1.29 5.16

10 Raghunichak 64 0.09 0.36

11 Sirnia 2860 20.16 80.64

12 Chitauria 1239 4.06 16.24

13 Daharia 4399 31.24 124.96

14 Sahisia 633 0.56 2.24

15 Baigna 1899 3.86 15.44

16 Tiarpara 1433 95.72 382.88

17 Katihar 3112 27.98 111.92

18 Dalan 3456 16.9 67.6

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19 Mehdai 2321 2.97 11.88

20 Kadepura 1369 1.86 7.44

21 Rampur 2893 5.35 21.4

22 Hathia Ramana 1141 2.11 8.44

23 Baisi Ramana 789 1.46 5.84

24 Sadpur Rajwara 941 1.74 6.96

25 Routara 2342 17.87 71.48

26 Deewanganj 218 1.67 6.68

27 Singhia 884 6.74 26.96

28 Dimia Chattarjan 749 4.66 18.64

29 Raziganj 1664 10.77 43.08

30 Raipur Ranipatra 527 3.42 13.68

31 Chandi 1010 6.52 26.08

32 Bilauri 2234 14.29 57.16

33 Abdullahnagar 1064 55.85 223.4

Total 49130 364.74 1458.96

Since the proposed alignment passes through almost rural areas hence the

compensation for the respective land is derived as per circle rate and four times

of the same is considered as per new act. According to circle rate, the total

amount of land stands at Rs. 364.74 crore and four times of the same is

Rs.1458.96 crore needs to be compensated.

7.1.2 Compensation for Structures

The replacement cost of structure is estimated based upon the Basic Schedule

Rate (BSR) of the structure, Roads and Buildings Department, Government of

Bihar. The existing structures are either permanent or semi-permanent. As per

data a total number of 1695 structures comprising partially affected & fully

affected structures are estimated for the social budget. The solatium 100 percent

of the BSR rate of structures is included for final compensation. Approximately,

Rs. 14 crore estimated amount needs to be given for structures compensation.

For partially affected structures Rs. One Crore ninety four lakh eighty two

thousand is estimated. The budget calculation sheet is appended in Annexure

7.2.

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Table 7.2: Impact on Structures (Pvt., Govt. and Religious) in Package-II

Sl No. Structure

Partially Affected Fully Affected

Total R & R Compensation No.

Unit Rate (Rs.)

Total Amount

(Rs.)

R & R Compens

ation (Rs.)

No.Unit Rate (Rs.)

Total Amount

(Rs.)

R & R Compensati

on (Rs.)

Private Structure

1 Hut 137 5000 685000 1370000 368 50000 18400000 36800000 38170000

2 Residential Semi Pucca

335 10000 3350000 6700000 179 100000 17900000 35800000 42500000

3 Residential Pucca

219 20000 4380000 8760000 32 200000 6400000 12800000 21560000

4 Commercial Semi Pucca

62 10000 620000 1240000 86 100000 8600000 17200000 18440000

5 Petrol Bunk Canopy

1 0 0 0 4 200000 800000 1600000 1600000

6 Educational Inst. Pucca

10 20000 200000 400000 2 200000 400000 800000 1200000

7 Wells 1 50000 50000 100000 6 50000 300000 600000 700000

8 Toilet 3 2000 6000 12000 29 15000 435000 870000 882000

9 Compound Wall

80 2000 160000 320000 30 10000 300000 600000 920000

10 Room 4 5000 20000 40000 10 20000 200000 400000 440000

B. Govt. Structures

11 Govt. Office- Pucca

11 20000 220000 440000 19 200000 3800000 7600000 8040000

12 Bus Stop 0 0 0 0 13 0 0 0 0

13 Hospital 0 0 0 0 1 200000 200000 400000 400000

C. Religious Structures

14 Religious 5 10000 50000 100000 48 50000 2400000 4800000 4900000

Total Affected Structures

868 9741000 19482000 60135000 120270000 139752000

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A total amount of approximately 1620 crore has been estimated for

implementation of Resettlement Action Plan. The NHAI guidelines recommend

that the compensation for the lost land and structures be paid through the

competent authority. For structures valuation, the concerned government

department may be requested to assess the value. The details of estimated

budget is presented in Table 7.3 below.

Table 7.3: Estimated Cost and R & R Budget

Sl. No

Item Unit Quantity Total Value (Rs.)

R& R Compensation

(Rs.)

A. R & R Compensation

1 Compensation for Land Decimal 49130 3647400000 14589600000

2 Compensation for Private Structures Number 1598 63206000 126412000

3 Compensation for Govt. Structures Number 44 4220000 8440000

4 Compensation for Religious Structures Number 53 2450000 4900000

Total 14729352000

B. Contingency

1 Contingency at 10 % of the Sub Total 1472935200

GRAND TOTAL (A+B) 16202287200

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