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City Region Development Project (RRP BAN 39298)

Resettlement Plan Document Stage: Draft for Consultation Project Number: 39298 July 2010

BAN: City Region Development Project—Ashulia Industrial and Residential Clusters Subproject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank ARIPO — Acquisition and Requisition of Immovable Property Ordinance CRDP — City Road Development Project DCC — Dhaka City Corporation DOE — Department of Environment DPHE — Department of Public Health Engineering GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IRS — International Resettlement Specialist LGED — Local Government Engineering Department MDSC — Management, Design and Supervision Consultant MOL — Ministry of Land NRS — National Resettlement Specialist PIU — Project Implementation Unit PMCU — Project Management Coordination Unit ROW — right of way RSS — resettlement support staff SPS — Safeguard Policy Statement

TABLE OF CONTENTS

EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Components 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3 III. SOCIOECONOMIC INFORMATION AND PROFILE 6 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 8 A. Public Consultation 8 B. Information Disclosure 9 C. Continued Consultation and Participation 9 V. GRIEVANCE REDRESS MECHANISMS 10 VI. LEGAL FRAMEWORK 11 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 12

A. Eligibility 12 B. Entitlements 12 C. Assessment of Compensation Unit Values 12

VIII. INCOME RESTORATION AND REHABILITATION 15

A. Basic Provision for Relocation 15 B. Income and Livelihood Rehabilitiation 16

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 17 X. INSTITUTIONAL ARRANGEMENTS 18 A. Project Management Coordination Unit 18 B. Project Implementation Unit 18 C. Management, Design and Supervision Consultants 18 XI. IMPLEMENTATION SCHEDULE 20 XII. MONITORING AND REPORTING 21 Appendixes 1. Census Questionnaire for Permanent Land Acquisition and Resettlement 23 2. Census Questionnaire Inventory of Temporary Loss 28 3. Summary of Public Consultation and Focus Group Discussions 30 4. Future Consultation and Disclosure Roles and Responsibilities 36 5. Monitoring Indicators and Sample for Status Report 37

EXECUTIVE SUMMARY 1. The City Region Development Project (CRDP, the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a six-year period (January 2011 to December 2016). This document is a draft Resettlement Plan prepared for the Ashulia Industrial and Residential Clusters subproject. It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The Resettlement Plan is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework adopted for CRDP. It is classified as Category B according to ADB’s SPS as minimal land acquisition and resettlement is required for this subproject. 2. The Ashulia subproject consists of three components including (i) water supply and sanitation (five production tube wells and 30 km distribution pipeline); (ii) improvement of two access roads (7.15 km); and (iii) road side drainage system (6 km). Design measures were adopted to minimize involuntary resettlement taking into consideration available Right of Way (ROW) for roads, drainage, and pipelines. 3. Summary of Resettlement Impacts. A total of 11 households are affected by the subproject. The five proposed production tube wells will be constructed on private land amounting to 182 square meters (sq.m.) and affecting 5 households with 11 fruit bearing mango trees. There are no buildings/structures affected. These five households are considered to be economically displaced households. A total of six hawkers and squatters will also be affected and the impacts are limited to temporary economic displacement and relocation. Of the 11 affected households, five are considered vulnerable as they earn incomes below the poverty line. The five vulnerable households are hawkers. The resettlement cost estimate includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. 4. Public Consultations. Consultations were carried out during Resettlement Plan preparation and will continue throughout the subproject cycle. A grievance redress mechanism (GRM) will be made available as explained in this Resettlement Plan. 5. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Savar Upazila Parishad with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at the Local Government Engineering Department (LGED) Headquarters in Dhaka. The detailed design, preparation and implementation of the capital investments will be supported by (i) consultancy support (both international and national); and (ii) technical support from LGED and the Department of Public Health Engineering (DPHE). The PIU will implement the Resettlement Plan with support from the PMCU and consultants. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per the entitlement matrix within this Resettlement Plan. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for land and resettlement in a timely manner. 6. Resettlement Plan Implementation and Monitoring. All compensation is to be paid prior to displacement (both physical and economic) however, ongoing income rehabilitation activities will continue after construction begins. Written confirmation of full compensation to

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displaced persons must be made to ADB prior to commencement of civil works in sections ready for construction. The estimated total period of the implementation of the Resettlement Plan is 13 months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will consolidate monthly reports into semi-annual monitoring reports or as part of the regular project reporting and will submit to ADB.

I. PROJECT DESCRIPTION A. Overview 1. The City Region Development Project (CRDP, the Project) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments; and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around ‘integrated area planning’ principles which enhance economic activity in the regional context and provide opportunities for investment. The vision of the Ashulia subproject is to optimize the economic potential of the Ashulia Industrial and Residential Cluster in a way that is sustainable and to the benefit of industrialists, traders, local businesses, residents and workers in the Clusters and the neighboring area. B. Subproject Components 2. The subproject identifies targeted capital investments in the Ashulia Industrial and Residential Cluster located in Savar Upazila referred to here as the Ashulia Cluster. The Cluster consists of three urban centers formed from the Ashulia, Yearpur and Damsona Unions. Ashulia is located next to Uttara (a residential model town) within Dhaka City Corporation (DCC) boundary near Yearpur and Damsona. The subproject components aim at priority upgrading and expansion of urban services, including (i) water supply and sanitation; (ii) drainage and flood protection; and (iii) roads and highways. The proposals are entirely concerned with activities which address the most acute needs for better urban services.

1. Water Supply and Sanitation 3. Based on the results of preliminary design, it is proposed to install five production/tube wells as a priority, together with 30 km of distribution pipelines serving a population of approximately 80,000 persons, with the assumption that one production well will serve about 15,000 or more people. In selecting the sites for the five priority production wells, cluster communities with low-income residents living in sub-standard and informal housing were given highest priority. The five proposed productions tube wells are situated at Basaid Bazar (Ashulia), Khejur Bagan (Ashulia), Modhupur/Faruk Nagar (Dhamsona), Vadail (Dhamsona) and Montos (Yearpur). A brief description of the proposed five production tube wells are described below in Table 1.

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Table 1: Proposed Production Tube Wells

No Component Site Name Moholla Name Mauza District Name

Location

1 Production Tube Well-1

Ashulia Basaid Bazar Basaid Dhaka

Close to the Market, Plot of Hazi Md. Ranzan Ali, RS Dag no. 861


Ashulia Khejur Bagan Boro Ashulia

Dhaka

West side of Mosque, Plot of Mr. Nasiruddin Gong, RS Dag no. 1169


Dhamsona Modhupur (Faruk Nagar)

Gonokbari Dhaka

Adjacent to Ismail Bepari school beside Aziz Textile mill Road


Dhamsona Vadail Gonokbari Dhaka

Beside the Road of Vadail Chawrasta to Mother Textile Road


Yearpur Yearpur Montos Dhaka

Plot of Md. Abdus Sattar Dewan, Son of Mr. Abdur Rahman Dewan

2. Drainage

4. There are two interlinked priority areas for drainage and road investment as identified in Table 2. Nearly 6 km of drains will be constructed along the two identified roads which become inundated by the rainwater and industrial wastewater. Design of the drains will be prepared by the project consultant as part of the detailed design work.

3. Access Roads

5. A package of two roads is recommended for road and drainage improvements. These two roads make an important contribution to the economic development of the Clusters in the Ashulia area. Improvements include widening within ROW, strengthening, and resurfacing. Road safety measures will be integrated in the design to ensure safety to pedestrians. The two access roads are (i) Dhaka-Aricha (RHD) at 20 Mile-Jerabo Bazar Yearpur UP Road; and (ii) Nabinagar-Kaliakoir (RHD) Road at Sreepur-Kashimpur GC Road, as described further below.

6. Road 1: Dhaka-Aricha (RHD) at 20 Mile-Jerabo Bazar Yearpur UP Road. The road length is 5.65 km and existing width is 6 m and connects Dhaka-Aricha RHD National Highway at the 20 mile marker to Tongi-EPZ road at Jerabo Bazar. Large and medium industries like Incepta, DEKKO, Maskot Group and many others are located alongside the road. The condition in some parts of the road is poor and requires immediate improvement. Due to movement of heavy traffic, the road is proposed to be strengthened up to 40 mm bituminous carpeting with a 6 m double lane carriageway pavement. To protect the road from inundation by industrial waste water and rainwater, new drainage (4 km) alongside the road will be provided, which will include the length from Jirabo to Kondul Bag (1.5 km) and Koturia to Kondul Bag (2.5 km).

7. Road 2: Nabinagar-Kaliakoir (RHD) at Sreepur-Kashimpur GC Road. The total road length is 6 km and existing width is 4.9 m and connects Nabinagar-Kaliakoir RHD Road with

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Kashimpur GC, and Norsinghapur - Konabari RHD Road. Many large and medium industries like Samsher Knit, Square Textile, Mother Textile and the Atomic Energy Commission are located along the roadside. Of the length, 1.5 km up to Biman Poultry is proposed for inclusion as part of the subproject. Due to heavy traffic the road is proposed to be strengthened up to 40 mm bituminous carpeting with the 6m double lane carriageway pavement. To protect the road from inundation by industrial waste water and rainwater, drainage (2 km) along the proposed section will be constructed.

Table 2: Proposed Interlinked Roads Improvement and Drainage SL. No Name of Road Union Proposed

Length (Km) Condition Remarks/Drainage

1 Dhaka- Aricha (RHD) at 20 Mile- Jirabo Bazar Yearpur UP

Ashulia & Yearpur

5.65 Poor/width 6m

4 km drainage needed

2 Nabinagor- Kaliakor RHD at Sreepur- Kashimpur GC road.

Dhamsona 1.5 Poor/width 4.9m

2 km drainage needed

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

8. There are 11 households affected by the subproject activities – five landowners from proposed tube wells, and six hawkers/vendors within the ROW. A summary of impacts on land acquisition and resettlement are described below in Tables 3 and 4. 9. Tube Wells. Minimum land acquisition is required for the proposed production tube wells which have small land requirements. The five proposed production tube wells will be constructed on private land amounting to be a total of 182 sq.m. which will be required for permanent acquisition affecting five households, 11 fruit bearing mango trees and no buildings/structure. These five households are considered to be economically displaced households. The 30 km of distribution pipelines will not require land acquisition. The distribution pipe lines neither will have permanent nor temporary impact on land acquisition and resettlement. The distribution pipeline will be laid under the ground and will not have any impact on structures except some minor inconvenience during construction. Minor disturbance will be avoided by keeping the night time construction and works during off-peak hours. Further measures to avoid and minimize access disruptions to businesses will be implemented as per the subproject environmental management plans.1 10. Roads and Drainage. The proposed interlinked components of road improvement (7.15 km) and drainage improvement (6 km) will not require any permanent land acquisition and resettlement as all construction activities will be confined to the existing ROW. However, few hawkers and vendors will be affected though these are limited to temporary economic displacement. A total of six hawkers were identified in preliminary surveys. These hawkers are mostly small shop vendors having temporary structures (e.g., bamboo sheds and small wooden kiosks).

1 Environmental management plans form part of the civil works contracts are aim to provide continued access to

local businesses to minimize impacts.

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Table 3: Summary of Land Requirements Sl No

Name of the Components

Impact on Land Acquisition

Temporary Impact

Remarks

1. Water Supply and Sanitation a-1

Production Tube Well-1

Yes No 40.53 sq.m. of agricultural land to be acquired having 1 economically displaced households

a-2 Production Tube Well-2








b 30 kms of distribution pipelines

No No The distribution pipeline will be constructed underground having no permanent or temporary impact

2. Interlinked Roads and Drainage a-1 Dhaka- Aricha

(RHD) at 20 Mile- Jirabo Bazar Yearpur UP Road.

No No 6.65 kms of roads improvement and 4 kms of drainage will not have any impact on land acquisition and resettlement either permanent or temporary as the entire components will be constructed within the existing ROW

a-2 Nabinagor- Kaliakor RHD at Sreepur- Kashimpur GC road.

No Yes 1.50 kms of roads improvement and two kms of drainage will have temporary impact on 6 vendors/hawkers operating in the existing ROW.

ROW = right of way.

Table 4: Land Acquisition Impacts

NO Name of the Component

Name of the Mohalla/Area

Ownership of Land

Type of

Land

Dag No/ Cadastral

No Name of the Owner

Area to be

Acquired (katha)

Area to be

Acquired (square meter)

Total Area of the

Affected plot

(katha)

Percentage of loss

compared to the total area of the

plot

Total Land-holding

(Affected + Unaffected)

Percentage of Loss

compared to the total

holding


Basaid Bazar Private Agricultural

861 Mr. Hazi RamjanAli 0.56 40.53 1.50 37.33 8.00 7.00


Khejur Bagan Private Agricultural

1169 Mr. NasiruddinAhmed 0.28 20.27 2.00 14.00 10.00 2.80


Modhupur (Faruk Nagar)

Private Agricultural

NA Mr. FarukHosssain 0.56 40.53 3.00 18.67 14.00 4.00


Vadail Private Agricultural

NA Mr. AmirHamza 0.56 40.53 1.80 31.11 20.00 2.80


Yearpur Private Agricultural

NA Mr. Abdur Rahman Dewan

0.56 40.53 1.70 32.94 30.00 1.87

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III. SOCIOECONOMIC INFORMATION AND PROFILE 11. Structured census survey questionnaires (Appendixes 1 and 2) were used to collect detailed information on the impact of permanent land acquisition and temporary impacts hawkers and vendors in the subproject area. The surveys were conducted in June 2010.2 12. A total number of 11 households are being economically displaced by the subproject which consists of 5 households losing a small piece of agricultural land and 6 hawkers/vendors. Each is considered to be economically displaced as they will be losing some basic economic activities. The land owners are mostly occupied in agriculture, while hawkers in small business. Socioeconomic details of landowners are in Table 5. None of the displaced households belong to any Indigenous People or ethnic minority group as most of the displaced persons are Muslims. The census survey revealed that five hawkers fall under the vulnerable category as they earn income considered below the poverty line. Following section provides a socioeconomic profile of the displaced persons. 13. The total land required for proposed five production tube well is 2.52 katha (or 182 sq.m.). The land contains no structures and is characterized as agricultural and unirrigated. There are five landowners affected, each holding legal title. The requirement of land for each production well is minimal and no land owners will lose more than 10% of the productive asset and hence, none of the five households are significantly affected. There will be a total of 11 fruit bearing trees (mango) affected. There are no encroachers and squatters present in the affected land.

Table 5: Socioeconomic Details of Affected Land Owners

a Below Poverty line (BPL) has been calculated on the basis of general formula which is 1$ per day per person. The average family size in the subproject area is 4.9 and the $1= Tk72. Therefore, the threshold for poverty line has been considered as Tk10,584 incomes per month per household.

Source: Census Survey, June 2010. 14. Sex. The total number of displaced persons is 44 out of which 21 (38.89%) are male and 33 are female (61.11%). The average family size is 4.90.

2 The survey team was trained by the international resettlement specialist consultant and the survey was closely

monitored on a regular basis. The census survey included various aspects including (i) assessment of land including quantity and typology; (ii) Inventory of physical assets; (iii) potential income loss; (iv) impact on trees; (v) household characteristics, including social, economic and demographic profile; and (vi) temporary impacts on the hawkers’ business activities.

S.N

Name of the Owner

HH size Main Occupation/

Income Source

Monthly Income

(Tk)

Vulnerability

Total Male Female Women Headed

Household

Physically Disabled

Household BPLa

Household 1 Mr. HaziRamjanAli 5 2 3 Business 18,000 No No No

2 Mr. NasiruddinAhmed 6 3 3 Business 30,000 No No No

3 Mr. FarukHosssain

2 1 1 Government Service 15,000 No No No

4 Mr. AmirHamza 3 1 2 Agriculture 11,000 No No No

5 Mr. Abdur Rahman Dewan 8 4 4 Agriculture 13,000 No No No

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15. Average Monthly Income of the displaced persons. A majority of households earn between Tk9,000 to Tk11,000 per month. Details of average monthly income are in Table 6 below.

Table 6: Average Monthly Income of the Displaced Households Sl. No. Monthly Income (Tk) Number of Households % Age

1 Less than Tk3,000 0 0.00 2 Tk3001 to Tk5,000 1 9.09 3 Tk5,001 to Tk7,000 3 27.27 4 Tk7,001 to Tk9,000 0 0.00 5 Tk9,001 to Tk11,000 6 54.55 6 Tk11,001 to Tk15,000 0 0.00 7 Tk15,001 to Tk20,000 0 0.00 8 Above Tk20,000 1 9.09 9 Total 11 100.00

Note: Average Monthly Income: 10,000 Tk [Minimum 5000, Maximum Tk25,000]. Source: Census Survey, June 2010.

16. Hawker Kiosks. The types of temporary structures are classified based on the type of construction, their usability and the age of the structure. There is no permanent foundation or construction materials being used except some bamboo pillars, tripol/plastic or thatched structures, and corrugated iron sheets. Details on the type of materials are given in Table 7. The total area of these temporary structures is 41 sq.m. and the average area has been calculated to be 7 sq. m. for each structure. Therefore, these can be easily shifted to other locations without much disruption. It is found that the age of most structures are below ten years old, with most being less than five. Out of the total surveyed hawkers/vendors, it is noted that five are fully affected and only one structure is partially affected.

Table 7: Type of Materials for Hawker Kiosks

Sl. No.

Particulars Number of Properties

%

1 Simple (thatch/sack/bamboo/slats) 1 16.67

2 Brick 0 0.00

3 Concrete 0 0.00

4 Corrugated iron sheet 4 66.67 5 Asbestos sheet 0 0.00

6 Tripol/Plastic 1 16.67

7 Blank 0 0.00

Total 6 100.00 Source: Census Survey, June 2010.

17. The market prices of the hawker structures are indicated below in Table 8.

Table 8: Market Prices of Hawker Structures

Sl. No. Particulars Number of Properties

%

1 Up to Tk1,000 0 0.00

2 Tk1,000 to Tk2,000 0 0.00

3 Tk2,000 to Tk3,000 0 0.00

4 Tk3,000 to Tk4,000 2 33.33

5 Tk4,000 to Tk5,000 2 33.33

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Sl. No. Particulars Number of Properties

%

6 Tk5,000 to Tk6,000 0 0.00

7 Tk6,000 to Tk7,000 0 0.00

8 Tk7,000 to Tk8,000 1 16.67 9 Tk8,000 to Tk9,000 0 0.00

10 Tk9,000 to Tk10,000 0 0.00 11 Above Tk10,000 1 16.67 Total 6 100.00

Source: Census Survey, June 2010. 18. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage.

IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 19. During subproject preparation, consultations were held with the official representatives of the Savar Upazila, apart from the communities in the project area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Savar urban area. These consultations (Table 9) provided an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the displaced persons and the summary of these consultations is given in Appendix 3.

Table 9: Consultations with Stakeholders

Place Date Number of

Participants Participants Issues Discussed

Incorporation into Resettlement Plan and Project

Design Sawar Upazilla

May 10th 2010

6 Officials of Tourism Department, Revenue Department and Forest Department.

Finalization of project components, environment and social safeguard requirements.

Capacity building program, for training on safeguards aspects to the DPHE and other concerned engineers, as part of the project and proper institutional mechanism developed to implement the Resettlement Plan.

Sreepur May 10th 2010

10 Communities along the road side.

Need for improvement of the water supply and drainage conditions. Every year the roads are subject to water logging, due to movement of heavy commercial vehicles Dust due to the operation of vehicles in the night.

The proposed designs include measures to address the environmental and social impacts. The drainage components have been added to the roads improvements components and design has been made to fit in all the subproject activities in to the existing ROW except for the proposed production tube wells.

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Place Date Number of

Participants Participants Issues Discussed

Incorporation into Resettlement Plan and Project

Design Adequate compensation, assistance and advance notice to be given to these displaced persons and hawkers and the same provisions have been incorporated in the Resettlement Plan. This has also become an awareness exercise for the people regarding the project.

Ashulia 21st June 2010

15 Officials of Sawar Upazilla, elected representatives/councillors, Officials of DPHE, LGED

Discussion on project components. Siting of the project components to avoid impacts on land acquisition and clearance of trees etc, Need for management of pollution from industrial clusters, better sanitation facilities for the residents.

Potential lands for the production tube wells site have been identified. Local people have been aware about the fact that they might have to give their land for the development purpose. Concerned officials (DPHE/LGED) have been advised to take advance action on negotiation with land owners and initiate further consultation for smooth acquisition of the required land.

DPHE = Department of Public Health Engineering, LGED = Local Government Engineering Department, ROW = right of way. B. Information Disclosure 20. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to DPs. The PIU Resettlement Support staff (RSS) will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the displaced persons. The summary of the Resettlement Plan and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at PIU, local offices and libraries (or other pubic places, and at the LGED and DPHE offices. A copy of the Resettlement Plan will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 21. For continued consultations, the following steps are to be taken:

(i) The PMCU and the PIU will organize public meetings and will apprise the

communities about the progress in the implementation of resettlement, social and environmental activities.

(ii) There will be a Grievance Redress Committees (GRC). The displaced persons will be associated with such committee along with their representatives.

(iii) PMCU and PIU will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the

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resettlement component of the project will be placed for public display at the PCMU and PIU offices.

(iv) All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the Resettlement Plan.

(v) Key features of the entitlements will be displayed along the project corridor. (vi) The PMCU and PIU will conduct information dissemination sessions at major

intersections and solicit the help of the local community leaders to encourage the participation of the displaced persons in Resettlement Plan implementation.

(vii) Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account.

22. The details on consultation process and disclosure at various phases of project development including the responsible agency are described in Appendix 5.

V. GRIEVANCE REDRESS MECHANISMS 23. A grievance redress mechanism (GRM) will be established in Ashulia soon after project commencement. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the RSS and Project Manager, with assistance from the Resettlement Specialist (National and International-NRS and IRS) of the Management, Design and Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue.

24. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local GRC of the Upazila, who will, based on review of the grievances, address them in consultation with the RSS of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the Upazila (GRC Chair); (ii) representative of the head of the Upazila; (iii) representative of the affected persons; (iv) official of the land registry department; (v) official of the Department of Environment (DOE)’s divisional office; (vi) town planner of the Upazila; and (vii) Environmental Specialist/RSS of the PIU. The local GRC shall meet twice a month, unless the Project Director informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions.

25. The functions of the local GRC are as follows: (i) provide support to displaced persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) record grievances of displaced persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 26. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives:(i) Project Director PMCU, (ii)

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Environmental/Resettlement Officer of the PMCU; (iii) representative from Land Ministry; (iv) representative from DOE; (v) representative of the displaced persons; and (vi) Environmental / Social Safeguards officer of the PIU. 27. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental/Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 28. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the displaced person can seek legal redress of the grievance in the appropriate Courts (the fourth level of the GRM). A grievance redress mechanism and procedure is depicted in Figure 1.

Figure 1: Grievance Redress Mechanism (GRM)

DSMC = Design Supervision Management Consultant, GRC = Grievance Redress Committee, GRM = Grievance Redress Mechanism, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

VI. LEGAL FRAMEWORK 29. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government (i.e., the Acquisition and Requisition of Immovable Property Ordinance 1982 [ARIPO]) and ADB's SPS. A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework.

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30. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the entitlement matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 31. All displaced persons who are identified in the project-impacted areas on the cut-off date3 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in the entitlement matrix below) sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The project will recognize both licensed and non-licensed vendors. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the detailed census during the detailed design. Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice (60 days), requested to vacate premises and dismantle affected structures prior to project implementation. B. Entitlements 32. The entitlement matrix in Table 10 summarizes the main types of losses and the corresponding entitlements in accordance with the Government and ADB policies. C. Assessment of Compensation Unit Values 33. Land. All lands proposed to be acquired under CRDP will be compensated as per replacement cost consistent with both the Government and ADB’s SPS. The design consultants will prepare site plan overlays (based on detailed designs) on the cadastral map to define the area and parcels to be acquired. This is to form part of the application to the Ministry of Land (MOL).4 The MOL will then assign the task to the concerned Deputy Commissioner in the project areas. The Deputy Commissioner will then decide the cost of land through its property valuation advisory committee5 which will serve as the valuation committee.

3 The cut-off date for title holders is based according to the formal notification, and for non-titleholders the date of the

census survey during the detailed design. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other assistance. The PIU will take video and photo documentation to ensure entitled persons on the cut-off date.

4 The application to MOL includes a detailed statement specifying whether the land mentioned in the application is needed for public or private purpose, the area of the land, sketch-map, purpose for which it could be used.

5 Under the Project, a representative from the displaced persons is required to be a member of the property valuation advisory committee to ensure compensation for assets is at replacement value.

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Table 10: Entitlement Matrix Sl No

Type of Loss

Application Entitled Person

Entitlement Implementation Issues

Responsible Agency

1 Loss of land

Homestead land, agricultural land, or vacant plot

Owner(s) with legal title

Land-for-land option of equal productive capacity satisfactory to owner if feasible and if alternate land is available.

Cash compensation equivalent to replacement cost.6 Assistance in finding replacement land. Provision of stamp duty, land registration fee, capital gains tax,

and value added tax incurred for replacement land. Option to be compensated if remaining land is no longer viable. Access to equivalent common property resources previously

accessed Additional compensation for vulnerable households.

If land-for-land is offered, title will be to both husband and wife, if feasible.

Vulnerable households7 to be identified during census survey conducted as part of the Resettlement Plan.

Viability of land to be determined in consultation with land owner.

PIU/PMCU Deputy

Commissioner

2 Loss of crops and trees

Standing crops and trees

Owner(s) with legal title, tenant(s), leaseholder(s), sharecropper(s), encroacher(s), squatter(s)

60 days advance notice to harvest standing seasonal crops, if harvest is not possible, cash compensation for crops (or share of crops) equivalent to prevailing market price.

Cash compensation for perennial crops and fruit bearing trees based on annual net product market value multiplied by remaining productive years.

Cash compensation equivalent to prevailing market price of timber for non-fruit trees.

Work schedule to allow harvesting prior to acquisition and avoid harvest season

Market value to be determined in consultation with divisional forest department.

PIU/PMCU

3 Loss of structure

Residential/ commercial structure and other assets (e.g. fences, gates, posts) structure

Encroacher(s) and squatter(s)

Cash compensation equivalent to replacement value of structure (or part of structure) constructed by the displaced person.

Rights to salvage materials from structure. Provision of all taxes, registration costs, and other fees incurred

for replacement structure. Shifting allowance based on actual cost of moving (e.g., truck

hire, equipment, etc.). Additional compensation for vulnerable households. Assistance in finding alternate location.

Vulnerable households to be identified during census surveys conducted as part of the Resettlement Plan.

PIU/PMCU

6 The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost is

described in Section B.V.c in this Resettlement Framework. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets is not to be taken into account.

7 Vulnerable households/displaced persons may include female-headed households, disable-headed households, indigenous persons/ethnic minority-headed households and Below Poverty Line households

14

Sl No

Type of Loss

Application Entitled Person


Responsible Agency

4 Loss of livelihood

Livelihood/source of income

Business owner(s), tenant(s), leaseholder(s), employee(s), agricultural worker(s), hawker(s)/ vendors(s)

60 days advance notice. Assistance in finding alternate location. One time assistance for lost income based on three months lost

income (at replacement cost) or minimum wage rates (whichever is higher).

Shifting allowance and cost of reestablishing business elsewhere (cost of truck hire, equipment, etc.).

Training allowance in the form of cash equivalent to short term training course.

Additional compensation for vulnerable households. Consideration for project employment.

Vulnerable households to be identified during census surveys conducted as part of the Resettlement Plan

Training allowance to be paid directly to the training institute

PIU/PMCU

5 Impacts on vulnerable displaced persons

All impacts Vulnerable displaced persons

Land-for-land option will be a guaranteed option for vulnerable displaced persons if available. If not available, assistance in finding new land.

Additional allowance equivalent to Tk10,000/- for loss of land or structure.

Preference in project employment.


PIU/PMCU

6 Any other loss not identified

Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in this Resettlement Framework and with compliance with the Government’s and ADB’s policy.

PIU/PMCU

PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

15

34. The land valuation process will consist of two different values – (i) the sale deed record, and (ii) expected price. The PIU will be responsible for providing the recorded rate from the Local Land Registry Office (i.e., the sale deed record). The PIU will consult with willing buyers/sellers of the area to collect the expected price of land. The PIU will then submit the two rates to the valuation committee. Based on these rates the valuation committee will derive a price which will be called as the current market rate. Additionally, the cost for tax and stamp duties etc. will be added to the current marker as derived by the valuation committee which will finally be considered as the replacement cost. 35. Private Building and Structure. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The PIU with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. PIU will engage experts form PWD and the experts will carry out on the field assessment of each property and will submit the report to the Deputy Commissioner office. PIU will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. 36. Trees and Crops. The PIU will conduct the survey on unit prices of trees and crops affected by temporary or permanent land acquisition, in consultation with agriculture/horticulture experts. The compensation for crops will be calculated based the current market rate. The PIU will collect data on crops in the project area from the local department of agricultural extension. Subsequently, the unit/market rate for each crop will be determined in consultation with the department of agricultural extension. The unit prices for compensation of different species of fruit trees will be based on the market values of their fruits. For trees producing timber their unit prices will be based on species type, age, and quality. The cost for such trees will be collected after consultation with the divisional forest office. 37. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the displaced person during the survey.

VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 38. The basic provision for loss of land has been taken as the cash compensation at market price which is equivalent to replacement cost. Advanced notice (60 days) will be provided for harvesting crops, or if harvesting is not possible, then the farmers will be compensated at replacement cost for such crops. Trees will be compensated at market value. All compensation is to be paid before displacement occurs. The land owners losing a small piece of land will not require any relocation as they will not be physically displaced nor they will be severely affected. The PIU will attempt to find suitable alternative locations for hawkers including creating potential formal market spaces where feasible. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. The PIU will compensate non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. The preliminary number of displaced hawkers is quite

16

minimal (only six) in the subproject area and the consultation with these hawkers and vendors revealed that they will be willing to shift on their own provided they get some compensation. To help the hawkers losing structures in getting entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and RSS will assist displaced persons during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the displaced persons, the PIU RSS will fix the shifting dates agreed with the displaced persons in writing and the arrangements desired by the displaced persons with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the displaced persons in finding alternative site within the area if so desired by the displaced persons. B. Income and Livelihood Rehabilitation 39. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following:

(i) Compensation for land, structures, crops, fruit bearing trees, and all other lost assets is paid in full before displacement occurs;

(ii) Assistance in finding replacement land or alternate location for continuation of livelihood/living arrangements;

(iii) Where provision of alternative sites is not feasible (for temporary impacts), compensation of lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher);

(iv) Shifting allowance for reestablishing business elsewhere based on actual cost of moving/unloading;

(v) 60 days’ advance notice to shift business or harvest standing seasonal crops (if harvest is not possible, compensation for share of standing crops at market rates);

(vi) One time assistance for lost income based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher);

(vii) Consideration for project employment; (viii) For vulnerable households, additional subsistence allowance equivalent to

Tk10,000/HH for restoring or enhancing their livelihood. Vulnerable households will be prioritized in any project employment;

(ix) Provision of temporary access where possible to continue business; and (x) Restoration of affected land, structure, utilities, common property resource for

continuation of business after construction is completed. 40. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s). 41. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing displaced person losing income or livelihood.

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42. During the construction stage the displaced persons, especially vulnerable displaced persons, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the displaced persons employable, the PIU will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the displaced persons.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 43. The resettlement cost estimate for the Ashulia subproject (Table 11) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. The Government will be responsible for releasing the funds for resettlement in a timely manner. The total resettlement cost for the subproject is Tk9.66 million. The cost items are outlined below:

(i) Compensation for land; (ii) Compensation for fruit bearing trees; (iii) Compensation for structures (hawkers/vendors) and other immovable assets at

their replacement cost; (iv) Assistance for stamp duty etc for legal titleholders for land acquisition; (v) Assistance in lieu of the loss of income and livelihood; (vi) Assistance for shifting of the structures; (vii) Training allowance; and (viii) Special assistance to vulnerable groups for their livelihood restoration.

Table 11: Resettlement Budget

Sl. No. Item Unit Rate Quantity Amount (Tk) A Compensation A-1 Land sq.m. 18,275 182 3,326,050 A-2 Compensation for Trees Numbers 20,000 11 220,000 A-3 Compensation for Temporary

Structure Numbers 7,000 6 42,000

Sub Total (A) 3,588,050 B. Assistance B-1 Shifting Assistance Numbers 5,000 6 30,000 B-2 Training Assistance Numbers 12,000 11 132,000 B-3 Loss of Income Numbers 30,000 11 330,000 B-4 Assistance to Vulnerable Households Numbers 10,000 5 50,000 B-5 Assistance for Documentation (Stamp

Duty) for titleholders Numbers 10,000 5 50,000

Sub Total (B) 592,000 C Resettlement Plan Implementation

Support Cost

C-1 Hiring of Resettlement Support Staff at DCC/PIU

Person Month 100,000 36 3,600,000

C-2 Administrative Cost Lump Sum 1,000,000 Subtotal C 4,600,000

Total (A+B+C) 8,780,050 Contingency (10%) 878,005

GRAND TOTAL 9,658,055 GRAND TOTAL (Million Tk) 9.66

GRAND TOTAL (Million USD) 0.13 DCC = Dhaka City Corporation, PIU = Project Implementation Unit.

18

X. INSTITUTIONAL ARRANGEMENTS A. Project Management Coordination Unit

44. The LGED will be the executing agency responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of the Government, and one Resettlement Surveyor responsible for overseeing PIU preparation of the Resettlement Plan for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 45. The subproject will be managed and implemented through the PIU based in Savar Upazila Parishad The PIU will be responsible for carrying out the detailed design of the subprojects and updating Resettlement Plans for the sample subprojects and prepare new Resettlement Plans for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 46. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of involuntary resettlement impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team’s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis.

C. Management, Design and Supervision Consultants 47. The MDSC will hire one IRS and one NRS. They will be responsible for updating/finalizing the Resettlement Plans of sample subprojects in accordance with this Resettlement Framework and based on the detailed engineering design. These specialists will also prepare new Resettlement Plans for future subprojects under the sector approach consistent with this Resettlement Framework. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the Resettlement Plan. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. Further details on

19

agencies responsible for Resettlement Plan activities are in Table 12 and the organization chart for Resettlement Plan implementation is depicted in Figure 2.

Table 12: Institutional Roles and Responsibilities Activity Responsible Agency

A. Subproject Initiation Stage and Institutional Setup Formation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by issuing Public Notice.

PIU/PMCU

Meetings at community/household level with displaced persons. PIU Capacity Building training. MDSC/IRS B. Resettlement Plan Preparation/Updating StageResettlement screening and categorization form and submission to ADB for each subproject.

PIU/PMCU

ADB to confirm resettlement categorization. ADB Census of 100% displaced persons and socioeconomic survey. PIU/PMCU Screening of vulnerable displaced persons. PIU/PMCU Survey on unit prices for computing replacement costs. PIU/PMCU Calculation of compensation and entitlements. PIU/PMCU Update of sample subproject Resettlement Plans and preparing new Resettlement Plans in accordance with Resettlement Framework.

PIU/PMCU

Consultations with displaced persons on entitlements. Compliance with disclosure requirements.

PIU/PMCU

Finalize Resettlement Plans and submit to ADB. All draft Resettlement Plans must be submitted to ADB for clearance prior to award of contracts.

PIU/PMCU

Incorporate all comments and suggestions to Resettlement Plans.

PIU/PMCU

Web disclosure ADB/PMCU C. Resettlement Plan Implementation Stage Issuance of identification cards to displaced persons PIU/PMCU Detailed schedule for compensation PIU/PMCU Distribution of relocation notices to displaced persons PIU/PMCU Award of checks for land compensation PIU/PMCU Award of Checks for other compensation and assistance/ rehabilitation

PIU/PMCU

Confirm with ADB in writing when payment of entitled compensation to Displaced persons has been completed. Permission to contractor to begin works once compensation to displaced persons is confirmed (note: other income rehabilitation to continue after civil works commence).

PMCU/PIU

Notice to proceed for civil works is issued on sections where compensation is paid.

PIU/PMCU

Demolishing/ relocation of affected structures/assets PIU/PMCU Income restoration program and training PIU/PMCU Grievances redress mechanism PIU/PMCU/GRC Internal monitoring PIU/PMCU Review of Resettlement Plan implementation by external expert through a compliance report for projects with significant impacts

External Expert

ADB = Asian Development Bank, IRS = International Resettlement Specialist, LGED = Local Government Engineering Department, MDSC = Management, Design and Supervision Consultant, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

20

LGED ADB

PMCU 1 Resettlement

Compliance Officer, 1 Resettlement Surveyor

PIU Resettlement Support staff

DISPLACED PERSONS

MDSC 1 International Resettlement Specialist,

1 National Resettlement Specialist

Figure 2: Organization Chart for Resettlement Plan Implementation

ADB = Asian Development Bank, LGED = Local Government Engineering Department, MDSC = Management, Design and Supervision Consultant, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

XI. IMPLEMENTATION SCHEDULE 48. Land acquisition, compensation and relocation of displaced persons cannot commence until the Resettlement Plan has been cleared by ADB. All entitlements are to be paid prior to displacement. Written confirmation is required by the PMCU to ADB stating that all compensation has been paid to displaced persons. Only then can construction works begin on sections where compensation has been paid. The project will be implemented over six years (January 2011 to December 2016). The implementation of the Resettlement Plan will include: (i) identification of cut-off date and notification; (ii) verification of losses and extent of impacts; (iii) finalization of entitlements and distribution of identity cards (iv) consultations with displaced persons on their needs and priorities; and (v) resettlement, provision of compensation and assistance, and income restoration for displaced persons. The expected implementation schedule for a subproject is given in Table 13.

Table 13: Implementation Schedule Activity Months

1 2 3 4 5 6 7 8 9 1

0 11

12

13

14

15

16

17

18

Establishment of PMCU and PIU. Appointment of safeguards staff in PMCU and PIUs.

Appointment of international and national resettlement specialists on consultant team.

21

Activity Months

Formation of GRC at PIU and PMCU level.

Census surveys (issuance of identification cards).

Send screening and categorization form for subprojects to ADB.

Consultations and disclosure. Confirmation of government land to be used and transfer from other departments.

Resettlement Plan preparation. Resettlement Plan review and approval (PMCU and ADB). All draft Resettlement Plans must be submitted to ADB for clearance prior to award of contracts.

Issue notice to displaced persons. Compensation prior to displacement and income rehabilitation ongoing.

Written confirmation from PMCU to ADB that all compensation paid in sections ready for construction. Permission to contractor to begin works once compensation to displaced persons is confirmed.

Relocation as required Takeover possession of acquired property

Handover land to contractors Start of civil works Skills training as required for income restoration

Grievance Redress Mechanism Internal monitoring

Monthly monitoring reports (PIU to PMCU)

Quarterly monitoring reports (PMCU to ADB)

Rehabilitation of temporarily occupied lands

Immediately after construction

ADB = Asian Development Bank, GRC = Grievance Redress Committee, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit. Note: The Resettlement Plan will be updated based on final detailed design and displaced person census and surveys. Endorsement and disclosure of finalized Resettlement Plans consistent with the Resettlement Framework to be undertaken.

XII. MONITORING AND REPORTING

49. The extent of monitoring activities will be commensurate with the project’s risks and impacts. Monthly monitoring reports to be submitted by PIU to PMCU. PMCU to consolidate monthly reports into quarterly monitoring reports to ADB. These reports should form a part of the project progress reports submitted by PMCU to ADB.

22

50. The objectives of monitoring are to: (i) ensure that the standard of living of displaced persons are restored or improved; (ii) ascertain whether activities are progressing as per schedule and the timelines are being met; (iii) assess if compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly to mitigate problems. The above information will be collected by executing and implementing agencies through its PMCU and respective PIU which is responsible for monitoring the day-to-day resettlement activities of the project through the following instruments:

(i) Review of census information for all displaced persons; (ii) Consultation and informal interviews with displaced persons; (iii) In-depth case studies; (iv) Sample survey of displaced persons; (v) Key informant interviews; and (vi) Community public meetings.

51. Internal Monitoring. The internal monitoring by PMCU/PIU will include (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during and after the relocation process to ensure that people are settled and recovering. This will utilize the baseline information established by the socio-economic survey of displaced persons undertaken during subproject preparation; and (iii) overall monitoring whether recovery has taken place successfully and on time. Monitoring will also include the following:

(i) Communication with and documentation of reactions from displaced persons. (ii) Information from displaced persons on entitlements, options, alternative

developments, etc. (iii) Valuation of properties. (iv) Usages of grievance redress mechanism. (v) Disbursement of compensation amounts and all assistance. (vi) Physical progress of the Resettlement Plan implementation which will include

relocation of displaced persons and affected community properties.

52. The indicators for achievement of objectives during Resettlement Plan implementation are of two kinds such as (i) Process Indicators (Indicating project inputs, expenditure, staff deployment, etc.); and (ii) Output Indicators: Indicating results in terms of numbers of displaced persons compensated, area of temporarily occupied lands restored with topsoil (and other pre-project features), number of displaced persons provided with skills training, etc. Input and output indicators related to physical progress of the work will include items such as:

(i) Training of executing and implementing agencies and other staff completed. (ii) Census, assets inventories, assessments and socio-economic studies

completed. (iii) Grievance redress procedures in-place and functionality. (iv) Compensation payments disbursed. (v) Relocation of displaced persons completed. (vi) Project employment provided to displaced persons. (vii) Infrastructure rehabilitated or constructed. (viii) Income restoration activities initiated. (ix) Skills training of displaced persons initiated. (x) Number of households displaced and resettled. (xi) Monitoring and evaluation reports submitted.

Appendix 1 23

CENSUS QUESTIONNAIRE FOR PERMANENT LAND ACQUISITION AND RESETTLEMENT

1. Questionnaire No: ___________ Date: ........................

2. Name of the Project Component /Site: 3. Name of the Mohallah: 4. Name of the Street: 5. Name of the Ward: 6. Name of the Pourashava: 7. Name of the Upazila: 8. Name of the Zilla/District: 9. Name of the Province:

10. Plot No. ------------------------.

11. Ownership of the Land

1. Private 2. Government 3. Religious 4. Community 5. Khas

6. Others

12. Legal Status of Land/Owner

1. Legal/Title Holder 2. Encroacher 3. Squatter

13. Type of Land

1. Agricultural 2. Residential 3. Commercial 4. Fallow 5. Forest

14. Total Area of the Land/ Plot (Incase a portion of the land/ plot to be acquired/affected) (in Bigha) ...........................

15. Area to be Acquired / Affected Land (in Katha) ......................

16. Total Land you possess (Total possession: affected + unaffected) (in Katha)

Total.........................

24 Appendix 1

17. Rate of the Land (Per Katha)

1. Market Rate (Tk./Rs.)...............……2. Government Rate (Tk.)..............................

18. Name of the Land Holder .................................................

19. Father’s Name .......................................................

20. Any of the following person associated with the Land

A. Agricultural Labour 1. Yes 2. No

B. Tenant 1. Yes 2. No

C. Share-Croppers 1. Yes 2. No

D. Lease Holder 1. Yes 2. No

21. If yes, their Numbers

A. Agricultural Labour……………………..

B. Tenant…………………………………….

C. Share-Croppers …………………………

D. Lease Holder……………………………

22. Number of trees within the affected area

1. Total………………2. Fruit Bearing………3. Non-fruit Bearing…………

3. Timber…………………….

23. Any Building/structure in the Affected Land 1. Yes........ 2. No..........

24. Use of Structure

1 House 2 Boundary Walls/Fences 3 Residential-cum Commercial 4 Industry 5 Shops 6 Hotel/Restaurant 7 Small Eatery 8 Kiosks and Vendors 9 Mobile Vendors 10 Farm house 11 Gas Station 12 Private Clinic 13 Workshops 14 Govt. Offices 15 School / College 16 Hand pump 17 Hospitals 18 Water /Gas Pipe Line 19 Bus Stop 20 Transmission Lines 21 Mosque 22 Church 23 Mazar 24 Cemetery 25 Temple 26 Community centre 27 Cattle shed 28 Storage 29 Others

Appendix 1 25

25. Total area of the structure (in Square Meter) …………………..

26. Area of the affected structure (in Square Meter) …………………..

27. Type of Structure

1. Temporary 2. Semi-Permanent 3. Permanent

28. Age of the structure (Years)…………………….

29. Type of Construction Structure Sl Nº

Particulars Type of Construction (1). Simple (thatch/sack/bamboo/slats, (2) Earth/clay/sand, (3) Wood, (4) Brick, (5), Concrete, (6) Corrugated iron sheet, (7) Tile, (8), Asbestos sheet and (9) Other, specify

1 Roof 2 Floor 3 Wall

30. Is the house/structure have the following?

A. Tenant 1. Yes 2. No

B. Employee in Commercial Structure 1. Yes 2. No


A. Tenant……………………..

B. Employee…………………

32. Is the building/structure constructed by Tenant? 1. Yes 2. No

33. How much monthly rent you pay?...................................................

34. Market Value of the Structure (in Tk.)............................

35. Number of family members. Total………… Male …… Female……….

26 Appendix 1

36. Number of family members above 18 years

Total………… Male …… Female……….

37. Is it a woman headed household?

1. Yes 2. No

38. Is it a household owned by physically handicapped?

1. Yes 2. No.

39. Main Occupation of the Head of the Household (Main Source of Income)

1. Agriculture 2. Commercial /business 3. Service Holder. 4. Others (Specify)……

40. Total Monthly income of the family (Tk.)………….

41. Willing to shift

1. Voluntarily 2. Need Resettlement

42. Compensation Option

1. Land for land loss

2. Cash for Land loss

3. House/Shop for House/ Shop loss

4. Cash for House/ Shop loss

43. Desire Assistance and other help

1. Shifting Allowance

2. Employment Opportunities in Construction work

3. Assistance/ Loan from other ongoing development scheme

4. Training for Vocational activities

5. Others (specify .......................................................... )

44. Is there alternate site available for relocation?

1. Yes 2. No.

45. If Yes, How far and the name of the place…………………………….

Appendix 1 27

DETAILS OF THE AFFECTED PEOPLE

Sl. No Name of the Family Member Age Sex Occupation Marital status Education

In Years

1. Male 2. Female

1. Service 2. Business 3. Agriculture 4. Study 5. Housewife 6. Labour 7. Unemployed 8. Professional 9. NA

1. Married 2. unmarried 3. Widow 4.Widower 5. Others 6. NA

1.Illiterate 2.Literate 3.Up to Secondary 4.Higher Secondary 5.Graduate 6.Masters 7.Ph-D 8. NA

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

28 Appendix 2

CENSUS QUESTIONNAIRE: INVENTORY OF TEMPORARY LOSS



10. Property No. ------------------------

11. Location 1. Left 2. Right

12. Status of the Property 1. Squatters 2. Encroachers

13. Name of the Owner .................................................

14. Father’s Name .......................................................


1 House 2 Huts 3 Sheds 4 Shops 5 Kiosks and Vendors 6 Mobile Vendors 7 Small Eatery/Teas Stall 8 Cattle shed 9 Boundary Walls/Fences



1. Temporary 2. Semi-Permanent


Appendix 2 29







1. Yes 2. No


1. Yes 2. No.





1. Alternate structure

2. Cash for structure loss




4. License to resume the current activities

5. Others (specify .......................................................... )


1. Yes 2. No.


30 Appendix 3

SUMMARY OF PUBLIC CONSULTATION AND FOCUS GROUP DISCUSSIONS

Date of Consultations: 04.07.2010 Number of Consultations: 03 numbers Place of Consultations: Amtola, Kath gora, Jamgora, Gonak Bari (road and pump house location) Ashulia Number of Participants: 30

Q. No. Issues Raised Participants’ Opinion, Comments and Suggestions

1 Have you heard about CRDP (City Region Development Project)?

Most of the participants have heard or informed about the CRDP Project. But many of them think development of roads is necessary. In some location it is essential due to industrialization and roads are being used for different purposes. Besides some walk ways are needed for a number of workers of the industries as because everyday thousands of female and male workers also use same roads. Beside, in some area people claimed for the development of drainage system. Also some community people also want water supply at home.

2 If yes, where from They have heard from the local leaders and officials. Many participants guessed that there must some road development which would come in the up coming future and also desired for the development of Ashulia as a growth centre and a new prospecting city

3 General perception about the project and the awareness about the proposed project.

All most all participants have appreciated the project activities. They thought the project will bring a tremendous development for the locality. The entire Ashulia economic activities are based on production of the industries. Majority people of the community are migrated from different districts and working in those industries. Therefore community people have demanded redevelopment of the road and drainage system for the betterment of the community as well as economic development of the country.

4 Do others in this locality support this project?

According to the participants opinion the project will bring positive result for people and there is no doubt about people’s cordial support to this project. Even some of them said that they will help the implementing agencies by any terms of condition. Only a very few people said they will ask proper compensation if their land or structure get affected due to the impact of the project.

5 Any critical issue or concern by the local people regarding the project?

No, there are no critical issues related to this project. In general the entire roads in Ashulia are very wide and there is no need for acquisition. Only few trees and a very small number of structures will be temporarily affected during construction. Besides, for the construction of production tube wells/ pump house the private lands will be required and community people are eagerly like to provide those lands for bundling water pump.

6 Any criteria you would like to see considered during project design, construction and operation stage?

Some participants have requested to serve water to every house hold and in some extent to the poor community in law rate. Also asked for some water point in the road sides for the vulnerable people who would not be able to pay change for water.

7 Employment Potential in the project which is of benefit to village

There are huge employment opportunities of the construction of the project such as increase in petty shop business and employment of local labor.

Appendix 3 31


8 Ethnic Minorities /Indigenous peoples composition (If there are Indigenous People, please mention about the names of the IP and number of households)

No

9 Numbers of Industrial Units in the Mohallah/town and surrounding area

Huge industries are d in Ashulia, these are various types of industries and also Export Processing Zone located in the area.

10 Is the Area Electrified Yes, the major proportion of the area has electrical connection provided by Pauroshava but still there is some area has no street light.

11 Source of drinking water

Tube-well water is the main drinking water sources of the community. In the Ashulia area. But most of the household owners installed own tube-well and provided connection to the tenants’. After industrialization of the area, local people constructed one room house for the migrant labor (at least built 10 rooms in each house). In summer, most of these water pumps can not provide sufficient water due to underground water scarcity. Most of these tube wells are 150-200 meters in depth. So there is always water scarcity in summer season.

12 Loss of residential/commercial structures, if any due to the project

There will be few permanent loss of land due to the project especially construction of water pump. But there will be very few losses of trees and temporary structure for wading road only one location.

13 Loss of community life like any Market Places or community activities to be affected

There will be no loss of community life or market place as such except few scattered vendors and squatters who need to be sifted.

14 Poverty Level: Is the village poor or very poor or well off

Almost 80% people migrant labor and work in the different impurities. Local people are mostly involved in land buying and selling business and the most common income earning sources is rental house /room for the migrant labor. Besides some shops, transport business has been increased due to highly increasing tendency of industrialization.

15 Education Status: Literate, illiterate etc

Less then 50% of community people are educated but have no higher level of education(very few have), Majority children go to school but could not continue higher education instead after finishing primary or secondary education they go for job. Participants said outsiders are more educated then local community.

16 Employment Status: Percentage of employment/ unemployment/ underemployment

All of the migrant people of the community work in the industries. About Three lac people are working in the area are migrant labor. Local people are mostly depending on the income of rental room. Majority of the local people now engaged in room rental business. Still there is very few which is about 10% of the people are still unemployed.

17 Migration Pattern (If any), inward or outward

Yes, the area has high tendency of in migration. Most of the people of the locality have been migrated form the whole country. Community people very less in terms of its quantity.

18 Are you satisfied with the present infrastructure facility in the town and locality

Most of the people are satisfied service provided by Pauroshava. The original roads were constructed by CARE and roads are very wide compare to any region. This has also given scope for investment .They also suggested for more services such as adequate street light, public toilet for male female both and solid waste management in a planed way.

19 Do you face any problem regarding the exiting water supply/solid waste management/river

Yes, lack of drainage system is a serious problem. In the rainy season many of the roads go down under water. And another problem is water scarcity during the dry season. Some participant said if the roads and drainage the drain problems get solve the land pries will be high and

32 Appendix 3


port/Drainage/Traffic system? more development prospect will be addressed from government and private sector.

20 If there is any problems related to these services, do you think that any upgradation is necessary?

Yes, waste management is very necessary for the community

21 For this upgradation the road/street/path /drainage may get affected- what do you think about that- is it desirable?

Yes very much, due to drainage problem and poor road quality the community as well the business getting suffered. The existing roads are already used by huge number of transport and public which caused more trouble. Development water management and road will bring better opportunity for the economic growth of the community as well as the nation.

22 How can this affect your present living or activity

The economic condition of Ahsulia focused on huge industries and labor forces and production. The price of the land of the area is also increasing day by day. Construction of better road and drainage system will bring a prospective situation of the Ashulia people.

23 The project may need shifting of some encroachments and squatters .Would you like to shift from here on your own?

There is little temporary structure which needs to be shifted. However, some help in the form of compensation and assistance will be desirable and people will be able to shift voluntarily if they get compensation.

24 Where will you like to shift during this period?

They have some plan for shifting, or if even they get sufficient time before construction they will find place for shifting. But despite all every body want the development.

25 If requested to shift, would you like to return here?

It is up to the situation. May be the owner do not allow them to come back. Most of the shop owner thinks, after road construction the importance will be changed. Some said that there might not be possible to come back in same location after the implementation of the project.

26 Is there available alternate place for relocation? If yes, how far and the name of the place

Yes, it is within half kilometer area.

27 Perceived losses from the Project-

Temporary loss of the business.

28 If losses are perceived, what is the expected compensation you would desire

Cash Compensation for the land owners and d squatters and if possible then license for reopening their business. The Pourashava may issue license to the affected vendors and squatters.

29 Perceived benefits from the Project-

Drainage and road construction in proper way. Better traffic, water supply and drainage system.

30 Do you think that the local residents would like to participate in this work

Yes, cooperation from the local people will be there during the project implementation provided peoples vies are taken in to consideration by the Government Implementing agency such as DPHE and LGED in Upazila

31 Do you think that the local people would like to get regular information regarding this Project?

Yes , local people should be informed

Appendix 3 33


32 Will it be through informal or formal consultation

Yes, it is very important to have or will have consultation with the community before the implementation. Both formal and informal consultation is desired through the help of ward councilor.

33 Will the project cause landslides or soil erosion in the locality

No

34 Will the project cause widespread imbalance by cutting fruit and commercial trees in the locality.

No

35 Will the project cause health and safety issues in the area.

No

36 Resettlement and Land acquisition (if foreseen due to project components especially on private land). Has there been land acquisition before? If yes, what was the process of land acquisition and compensation package?

Minimum land acquisition is foreseen for the construction of production tube well. They have not been experienced with any previous land acquisition and resettlement activities.

37 Protected areas (national park, protected forest, religiously sensitive sites, historical or archaeological sites), if any

No

38 Health status, Availability of Hospitals and over all environmental condition. Is there any chronic disease prevalent in this area and are you aware about HIV/AIDS and STP?

Some government hospitals are there but most of the people prefer to go Dhaka for treatment and diagnosis. People are aware about the HIV/AIDS

39 Will the project siting adversely change migration pattern of animals that would destroy fields, habitats

No

40 What other organizations of a social nature (NGOs/CBOs/ Civil Society) active in the area? Name of these organizations

Some organizations provides loan to the community. BRAC ASHA and few local credit based organization are working in the locality.

41 Will there be likely involvement of local people in the implementation of the project?

Yes

42 Please indicate what kind of economic/ non-economic activities female members of your family are engaged in

Women from better income group work in Bank, office and NGO. Majority women of the poor income group who has migrated are working in Garments and other industries. In the poor section of the community all women are involved in different income generating activities. All the household activities are done by the women.

43 Does your female member have any say, in decision making of household matters

To some extent they can take some decision, not completely. Decisions at family level are taken as sharing basis especially in better off or middle types of family income group. But in the poor section and the family where women work are more involved in household decision making process. Most of the income earner women has some voice and mobility them the local women of the community.

34 Appendix 3


44 How safe do you regard the mobility of women in neighborhood/village

Women of the community are safe but not every where. The area where street light is not available and little remote women worker always faces different kind of incident such as scathing money bag, tease or physical abuse. In general the area where enough street lights available, women enjoy safe mobility but with in sufficient light women suffer in regular way.

45 Do the women of your household can freely go outside to work, for marketing, or accessing hospitals, educational institutes, etc?

Yes, Most of the women of the community go freely for any purposes. Women mobility is very high and they can go out for any purposes at day and night time.

46 How often women of your household go outside the house to fetch water in a week?

All most all of the family has some drinking water source but still some But for the women member of the poor family, they fetch water from outsides. Poor people fetch water from some water points and tube well of the other people twice a day.

47 Do you have a toilet at your household?

Yes, most of the people have toilet, poor people have ring latrine or sharing Latrine or community latrine

48 Do you have adequate street lighting during the night?

Yes, there are some street lights, however, these are not enough

49 Any Other Issues you may feel to share:

As we already mentioned that we need better arrangement of road and drainage system. More over water is also one of the problems of the locality. So these three issues are most concerned issues for the people of the Ashulia and we want very definite solution form the government.

50 Is this consultation useful? Comments

Yes, very useful, it gives us freedom to speak our opinion on the coming project and also we think government will conceder the situation and take active steps on that. .

CBO = community-based organization, CRDP = City Region Development Project, DPHE = Department of Public Health Engineering, LGED = Local Government Engineering Department, NGO = nongovernmental organization, STP = sewerage treatment plant.

LIST OF PARTICIPANTS S.No. Name Occupation Sex (M/F) Age (Years)

1 Jamir Sharkear Service Male 46

2 Hossain Ali Carpenter Male 45

3 Anwar Hussain Service Male 28

4 Badal Rickshaw puller Male 34

5 Amir Hussain Owner of tea shop Male 40

6 Bashir Working in Tea ll

Male 40

7 Rezaul karim Student Male 22

8 Sagar Truck helper Male 18

9 Narayan Chandra dash Constructor Male 45

10 Masud Driver Male 22

11 Hazi Rahaman Agriculture Male 58

12 Abdul Khalek Day labor Male 42

13 Fazul Haque Agriculture Male 43

14 Goljar Service Male 35

15 Somirudding Carpenter Male 50

Appendix 3 35

S.No. Name Occupation Sex (M/F) Age (Years)

16 Razzak Van puller Male 39

17 Hamayet shek Business Male 53

18 Joli Student Female 16

19 Khodeja Service Female 39

20 Hasan Service Male 24

21 Monjurl Agriculture Mael 50

22 Jalil Service Mael 20

23 Shanty Service Female 38

24 Hasina Service Female 40

25 Nosimon Survive Female 25

26 Khodeja House wife Female 28

27 Saiful Driver Male 16

28 Mamun Helper Male 19

29 Saddam Driver Male 21

30 Juel Mechanic Male 28

36 Appendix 4

FUTURE CONSULTATION AND DISCLOSURE ROLES AND RESPONSIBILITIES

Project Phase Activities Details Responsible

Agency

Project Initiation Stage

- Subproject information dissemination on various components. - Disclosure of preliminary plans for proposed land acquisition. - Preliminary Information sharing about the tentative alignment/sites with the DPs in case of temporary impact on business, income and livelihood.

-Leaflets posted/distributed containing information on the subproject in subproject area. -Public notice issued in public places including newspapers and direct consultation with displaced persons.

PIU/PMCU

Resettlement Plan Preparation Phase

Stakeholder consultations.

-Further consultations with displaced persons and households, titled and non-titled. -Summary Resettlement Framework made available to all displaced persons at the convenient place which is easily accessible and should be in local language.

PIU/PMCU

Disclosure of final entitlements and rehabilitation packages and disclosure of draft Resettlement Plan.

Resettlement Plans disclosed to all displaced persons in local language

PIU/PMCU

Finalization of Resettlement Plan.

-Review and approval of Resettlement Plan by executing agency. -Review and clearance of Resettlement Plan by ADB (prior to award of contract). -Web disclosure of the Resettlement Plan. -Disclosure of the Final Resettlement Plan to displaced persons

PIU/PMCU

Resettlement Plan Implementation Stage

Ongoing consultation with displaced persons during Resettlement Plan implementation.

-Continued discussions and information disclosure to displaced persons; -Payment of entitlements (all compensation must be paid before displacement occurs. - Grievance Redress Mechanism activated. -Written notification from PMCU to ADB that all compensation paid before displacement occurs. Construction can begin on sections where compensation is paid and community notified of start date of civil works. Displaced persons with unresolved grievances or disputes over land ownership, compensation amounts, etc. are notified of any compensation payments set aside by PIU in separate escrow accounts to be paid when disputes are resolved.

PIU/PMCU/GRC

ADB = Asian Development Bank, GRC = Grievance Redress Committee, PIU = Project Implementation Unit, PMCU= Project Management Cordination Unit.

Appendix 5 37

MONITORING INDICATORS AND SAMPLE FOR STATUS REPORT

S. N. R&R Activities Progress Remarks

Pre Construction Activities and R&R Activities1 Assessment of Resettlement impacts due to changes

in project design (If required)

2 Preparation/updating of Resettlement Plan based on changes in project design

3 Approval of updated Resettlement Plan from ADB 4 Disclosure of updated Resettlement Plan 5 Establishment of Grievance Redress Committee 6 Capacity building of PIU Verification of displaced persons Census list;

assessment on compensation and assistance, and readjustment

7 Land Acquisition Resettlement Plan Implementation 1 Payment of Compensation as per replacement value

of land & assets to displaced persons

2 Disbursement of assistance to title holders 3 Disbursement of assistance to non-title holders 4 Disbursement of special assistance to Vulnerable

groups

5 Replacement/ shifting of community property resources

6 Reinstallation of public utilities 7 Records of Grievance Redressal 8 Temporary Relocation of Hawkers and Vendors 9 Income Restoration Measures through training Social Measures during Construction as per Contract Provisions 1 Prohibition of employment or use of children as labour 2 Prohibition of Forced or Compulsory Labour 3 Ensure equal pay for equal work to both men and

women

4 Implementation of all statutory provisions on labour like health, safety, welfare, sanitation, and working conditions

5 Maintenance of employment records of workers ADB = Asian Development Bank, PIU = Project Implementation Unit, R&R = Resettlement & Rehabilitation.



BAN: City Region Development Project—Banani Integrated Traffic Management Subproject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank ARIPO — Acquisition and Requisition of Immovable Property Ordinance CRDP — City Road Development Project DCC — Dhaka City Corporation DOE — Department of Environment GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IRS — International Resettlement Specialist LGED — Local Government Engineering Department MDSC — Management, Design and Supervision Consultant NRS — National Resettlement Specialist PMCU — Project Management Coordination Unit PIU — Project Implementation Unit ROW — right of way RSS — Resettlement Support Staff SPS — Safeguard Policy Statement

TABLE OF CONTENTS

EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Components 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3 III. SOCIOECONOMIC INFORMATION AND PROFILE 3 A. Census survey 3 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 6 A. Public Consultation 6 B. Information Disclosure 7 C. Continued Consultation and Participation 7 V. GRIEVANCE REDRESS MECHANISMS 8 VI. LEGAL FRAMEWORK 9 VII. ENTITLEMENTS, ASSISTANCE, AND BENEFITS 10 A. Eligibility 10 B. Entitlements 10 C. Assessment of Compensation Unit Values 12 VIII. INCOME RESTORATION AND REHABILITATION 12 A. Basic Provision for Relocation 12 B. Income and Livelihood Rehabilitiation 12 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 13 X. INSTITUTIONAL ARRANGEMENTS 14 A. Project Management Coordination Unit 14 B. Project Implementation Unit 14 C. Management, Design and Supervision Consultants 15 XI. IMPLEMENTATION SCHEDULE 17 XII. MONITORING AND REPORTING 18 Appendixes 1. Description of Road Network in Banani 20 2. Inventory of Temporary Loss on Right of Way 21 3. Summary of Consultations 23 4. Consultation and Disclosure Roles and Responsibilities 29 5. Monitoring Indicators and Sample for Status Report 30

EXECUTIVE SUMMARY 1. The City Region Development Project (CRDP, the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a six-year period (January 2011 to December 2016). This document is a draft Resettlement Plan prepared for the Banani integrated traffic management subproject. It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The Resettlement Plan is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework adopted for CRDP. It is classified as Category B according to ADB’s SPS as minimal land acquisition and resettlement is required for this subproject. 2. The Banani subproject envisages integrated traffic management to achieve a major upgrade of the public realm and achieve an improved quality of life for residents and businesses. 3. Summary of Resettlement Impacts. There is no land acquisition required for this subproject. The subproject will impact 225 mobile street hawkers and shop vendors who operate kiosks informally within the right of way (ROW). No residential displacement is envisioned. The hawker structures are considered temporary and therefore these businesses will experience temporary economic displacement. The impacts are further detailed and mitigation measures and entitlements are provided in the Resettlement Plan. 4. Public Consultations. Consultations were carried out during Resettlement Plan preparation and will continue throughout the subproject cycle. A grievance redress mechanism (GRM) will be made available as explained in this Resettlement Plan. 5. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Dhaka City Corporation Banani office with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at the Local Government Engineering Department (LGED) Headquarters in Dhaka. The detailed design, preparation and implementation of the capital investments will be supported by: (i) consultancy support (both international and national); and (ii) technical support from LGED. The PIU will implement the Resettlement Plan with support from the PMCU and consultants. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per the entitlement matrix within this Resettlement Plan. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for resettlement in a timely manner. 6. Resettlement Plan Implementation and Monitoring. All compensation is to be paid prior to displacement however, ongoing income rehabilitation activities will continue after construction begins. Written confirmation of full compensation to displaced persons must be made to ADB prior to commencement of civil works in sections ready for construction. The estimated total period of the implementation of the Resettlement Plan is 13 months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will consolidate monthly reports into semi-annual monitoring reports or as part of the regular project reporting and will submit to ADB.

I. PROJECT DESCRIPTION A. Overview 1. The City Region Development Project (CRDP, the Project) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments; and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around ‘integrated area planning’ principles which enhance economic activity in the regional context and provide opportunities for investment. The Banani subproject envisages integrated traffic management to achieve a major upgrade of the public realm and achieve an improved quality of life for residents and businesses. 2. This is a Resettlement Plan prepared for the Banani Integrated Traffic Management component (the subproject) which is in accordance with the ADB’s SPS, the Government’s policy, namely the ARIPO, and the Resettlement Framework1 adopted for the CRDP. B. Subproject Components

3. Banani is a primarily residential area with mixed commercial activity located in north Dhaka, within Gulshan Thana area. The Subproject area covers 32 ha and contains 8.76 km of roads (including the bordering roads of Kamal Ataturk Avenue and Road 11). Several north-south roads serve as local distributors, even though the available carriageway widths are quite inadequate for the task. All east-west roads (other than Kamal Ataturk Avenue and Road 11) are local access roads: some are very narrow and several lack metalled surfaces. The basic characteristics of the existing road network are outlined in Appendix 1. 4. Preliminary Traffic Management Plan. The preliminary proposed District Traffic Management scheme for central Banani is specified in Tables 1 and 2. It may be noted that all but two of the major and minor roads are proposed into one-way streets. All but three of the local distributors are proposed one-way, with the exceptions being Roads 8, 10 and 11. However, Road 11 has a one-way eastbound section towards its western end to discourage through traffic, in combination with the prohibition of the right-turn northbound from New Airport Road. Vehicular access has been maintained in Road 11 for the benefit of frontage traders. It is proposed to wholly pedestrianize Road 17, which serves university premises and which is heavily thronged with pedestrians at most times. The internal one-way system has been proposed because it will make the roads safer for vehicles and pedestrians and it will also lengthen journey times within the subproject area, thereby discouraging drivers seeking short-cuts. Careful attention has been given to road and footway widths. Bearing such considerations in mind, the width requirements shown in Table 1 were developed for guidance purposes.

1 As per ADB’s Safeguards Requirement-4 (SR-4) of the SPS-2009, the sector approach requires preparation of

Resettlement Framework to guide subproject selection, screening and categorization, social and resettlement assessment, and preparation and implementation of Resettlement Plans of subprojects and to facilitate compliance with the requirements specified in Safeguard Requirements 1–3. The Resettlement Framework is prepared in accordance with the Government and ADB policy related to land acquisition and resettlement.

2

Table 1: Proposed Road and Footway Plan Road Classification Width Remarks

Local distributor (two-way) 8.5 m May be reduced to 7.0 m if wide vehicles or rickshaws are prohibited.

Local distributor (one-way) 4.5 m May be reduced to 4.0 m where frontage constraints apply.

Major access road (two-way) 7.0 m Scope for reduction not recommended. Major access road (one-way) 4.0 m May be reduced to 3.5 m in extreme situations.

Minor access road (two-way) 7.0 m Possible scope for reduction to 6.0 m in constrained situations.

Minor access road (one-way) 3.5 m May be reduced to 3.0 m in extreme situations. Sidewalk (commercial and other high-activity streets)

3.0 m each side

May be expanded to 4.0 m or more where activity levels are high or where frontage positions allow.

Sidewalk (other streets) 2.0 m each side

May be reduced to 1.5 m where necessary, or a single 3.0 m sidewalk may be provided on one side of the road only.

Car parking bay (parallel to the carriageway)

3.0 m May be reduced to 2.5 m in constrained situations.

Rickshaw ‘station’ 3.0 m

Depending on space available, may be considered on north-south local distributor or major access roads at junction approaches with KAA and Road 11.

5. Table 2 presents traffic management proposals for Banani. Most local access roads in the subproject area would be narrower than they are now. A narrower, safer road with proper sidewalks, planned on-street parking would greatly improve the character and operations in the subproject area. Redundant space could be properly landscaped, rather than becoming a dump for refuse and construction materials. It will be important to enlist the cooperation of residents and business tenants to ensure that standards are maintained.

Table 2: Proposed Traffic Management Improvements Road Length (m) Width (m) Remarks KAA 933 2 x (12/14) Rebuilt sidewalks 4 322 4.5/7.5 Minor access road, one-way northbound. Sidewalk to one

side only. 6(0) 322 4.5/8.5 Local distributor, one-way southbound. 6(1) 144 4.0/7.5 Major access road, one-way westbound. 6(12) 122 3.0/7.5 Minor access road, one-way northbound. 6(2) 144 4.0/7.5 Major access road, one-way eastbound. 6(21) 122 3.0/7.5 Minor access road, one-way southbound.

8 233 8.5/14.5 Local distributor, two-way, signals at junction with Road 11. Parallel parking can be permitted in bays 2.5 m wide.

10 322 8.5/14.5 Local distributor, two-way, signals at junction with Road 11 and KAA. Parallel parking can be permitted in bays 2.5 m wide.

11 1172 8.5/14.5 Local distributor, two-way, signals at junctions with Roads 8 and 10 and New Airport Road. One-way eastbound between Roads 6 and 10.

12 322 4.5/10.5 Local distributor, one-way, signals at junction with KAA, no right turn from Road 11 westbound. Parallel parking can be permitted in bays 2.5 m wide.

13(0) 389 4.5/9 Major access road, one-way eastbound. 13(1) 194 3.5/7.5 Minor access road, one-way westbound. 13(2) 128 3.5/7.5 Minor access road, one-way westbound. 13(3) 161 3.5/7.5 Minor access road, one-way eastbound.

3

Road Length (m) Width (m) Remarks 13(4) 100 3.5/7.5 Minor access road, one-way southbound. 13/A(1) 266 3.5/7.5 Minor access road, one-way westbound. 13/A(2) 128 3.5/7.5 Minor access road, one-way northbound. 13/A(3) 67 3.5/7.5 Minor access road, one-way southbound. 13/B 194 3.5/7.5 Minor access road, one-way eastbound. 13/C(1) 200 3.5/7.5 Minor access road, one-way westbound. 13/C(2) 122 3.5/7.5 Minor access road, one-way westbound. 13/C(3) 61 3.5/7.5 Minor access road, one-way northbound. 15(1) 266 3.5/7.5 Minor access road, one-way eastbound. 15(2) 233 3.5/7.5 Minor access road, one-way southbound.

17(1) 144 15/15 Pedestrian street, shared surface type with block or sett surface dressing, residents’ access only.

17(2) 305 4.0/24 Major access road, one-way eastbound, parallel parking can be permitted in bays 2.5 m wide. Remaining width to be pedestrianised.

17(3) 389 4.0/20 Major access road, one-way westbound, parallel parking can be permitted in bays 2.5 m wide. Remaining width to be pedestrianised.

17(4) 200 4.0/8.0 Major access road, one-way westbound. 17(5) 111 4.5/17 Minor access road, one-way westbound. 17/A(1) 194 7.5/18 Minor access road, one-way eastbound. 17/A(2) 117 3.5/7.5 Minor access road, one-way eastbound. 19/A 339 4.0/8.0 Major access road, one-way southbound, no right turn at

Road 11. UNR(1) 83 7.0/13.0 Major access road, two-way. UNR(2) 111 4.0/7.5 Major access road, one-way eastbound. UNR(3) 56 7.0/13.0 Major access road, two-way. UNR(4) 44 3.5/7.5 Minor access road, one-way southbound. KAA = Kamal Ataturk Avenue; UNR = un-named road (at least no name is given on the source map). Note: In the width column the first width is that of the carriageway and the second is the aggregate road plus sidewalk width (combined sidewalk widths for each side of the road). All recommended widths fit within frontage-to-frontage widths. Extra width left over after rebuilding the roads and footways can be used for landscaping or parallel parking bays.


6. There is no land acquisition required for this subproject and specific design measures are adopted to minimize involuntary resettlement by keeping within the ROW. Impacts are limited to temporary economic displacement and relocation of 225 mobile hawkers and vendors in the subproject area who operate within the ROW. No residential displacement is envisioned. The impacts are further detailed below and mitigation measures and entitlements are provided in the following sections.

III. SOCIOECONOMIC INFORMATION AND PROFILE A. Census Survey

7. Structured census survey questionnaires (Appendix 2) were used to collect detailed information on the impact of temporary impacts hawkers and vendors in the subproject area who are considered economically displaced.2 The survey was conducted in June 2010.3

2 As the Resettlement Plan will be updated at the detailed design stage, and the hawkers defined at the time of the

census survey (the cut off date for receiving entitlements) the actual number of hawkers may be subject to change and will be reconfirmed.

4

8. Street Hawkers and Vendors. The subproject will impact 225 mobile hawkers and street vendors who operate within the ROW. The hawker structures are considered temporary and therefore they will experience temporary economic displacement. The socioeconomic findings of the census are described below. 9. The socioeconomic profile of the displaced persons is homogenous nature. These households are mostly engaged in small-scale business activities such as small shops, vegetable stands, and eateries. None of the households belong to Indigenous People or ethnic minority group as most of the displaced persons are Muslims. The major source of income of these vendors and hawkers households are the small business activities. 10. Average Monthly Income of the Displaced Persons. The average income of the displaced households vary. A majority of the hawkers (125) earn an average monthly income in the range of Tk5,000 to Tk10,000. Around 64 hawkers reported their income level per month is less than Tk5,000. These persons are considered to be vulnerable and considered as poor and are entitled to additional entitlement measures under the project. The total average income of the affected hawkers is Tk8,262. Details are given in Table 3.

Table 3: Average Monthly Income

Sl. No. Monthly Income

(Tk) Number of Households % Age

1 Less than 5,000 64 28.44 2 500-10,000 125 55.56 3 10,000-15,000 28 12.44 4 More than 15,000 8 3.56 5 Total 225 100.00

Source: Census Survey, June-2010. 11. Vulnerable Households. Vulnerable households are defined as (i) women headed, (ii) physically handicapped, and (iii) those below the below poverty line. Details of vulnerable hawkers are given in Table 4.

Table 4: Vulnerable Households Sl. No. Vulnerable DHs Numbers

1 Women Headed Households 14 2 Physically Handicapped Households 5 3 Below Poverty Line Households 64 Total 83

Source: Census Survey, June-2010. 12. To understand the relocation options, only 11 (4.89%) hawkers opted for self relocation or voluntary relocation. The choice of hawkers is further supported by their compensation option where 41.33% opted for cash compensation against loss of their structure. Details of relocation and compensation option are given in Table 5.



5

Table 5: Relocation Option by Displaced Persons

Sl. No. Option Number of Households

Response Percent

1 Voluntarily Relocation 11 4.89 2 Need Resettlement 214 95.11 3 Alternate structure as Relocation 132 58.67

4 Cash for structure loss as Relocation

93 41.33

5 Shifting Allowance for Relocation 132 58.67

6 Employment Opportunities in Construction work

15 6.67

7 License to resume the current activities

53 23.56

13. Structures. The use of hawker structures is mostly for the roadside small business activities. As per the census survey, 74 of the structures were for vegetable/fruit vendors, followed by 73 small shops, 46 small eatery/tea stall, 31 mobile vendors and one kiosk. Details are given in Table 6.

Table 6: Use of the Structure

Sl. No.

Type of Properties/Structures

Number of Properties

and Households

% Age

1 Small Shops 73 32.4

2 Kiosks 1 0.4

3 Mobile Vendors 31 13.8

4 Small Eatery/Teas Stall 46 20.4

5 Vegetable/Fruit Vendor 74 32.9

Total 225 100 Source: Census Survey, June 2010.

14. The type of structures is classified based on the type of construction materials, their usability and the age of the structure. The average age of the structures is 5 years. Most of the structures are temporary meaning they do not have a permanent foundation and characterized by construction materials such as bamboo pillars, tripol/plastic or thatched structures. Most of the structures cover a very small area with most reporting to cover less than 5 square meters. Details are given in Table 7.

Table 7: Average Area of Structures

Sl. No. Area of the Structure


and Households

%Age

1 Less than 5 Sq.m. 189 84.00

2 5 to 10 Sq.m. 31 13.78

3 10 to 15 Sq.m. 5 2.22 Total 225 100

Source: Census Survey, June 2010. 15. The average market price as viewed by the hawkers for majority of the structures (134) is less than Tk5,000. The overall average market price of the structures along the subproject area is Tk6,606. Details are given in Table 8.

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Table 8: Average Market Price of the Structure

Sl. No. Average Market Price

(Tk)


and Households

% Age

1 Less than 5,000 134 59.6

2 5,001 to10,000 58 25.8

3 10,001 to15,001 20 8.9

4 More than 15,000 13 5.8 Total 225 100

Source: Census Survey, June 2010. 16. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage.

IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 17. During subproject preparation, consultations were held with the official representatives of Banani and Dkaha City Corporation, apart from the communities in the subproject area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Banani area. These consultations (Table 9) provide an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the displaced persons and the summary of these consultations is given in Appendix 3.

Table 9: Summary of Public Consultations

S.No. Place Date Number of

participantsParticipants Issues discussed

Incorporation into Resettlement Plan and Project design

A Banani 12th June 2010

20 Residents of Banani, shopkeepers, and road users

Understanding of the current issues pertaining to traffic and environmental conditions, including road safety, drainage issues etc within the project area Environmental and social issues including the shifting of vendors and squatters and minimization of resettlement

All the subproject activities have been confined to the existing Right of Way in the project design. Hence, no land acquisition is needed. Compensation and assistance provision have been made to all the likely affected and displaced hawkers and vendors irrespective of their legal title.

B Banani DCC office

1s July 2010

3 Executive engineer – DCC, Town

Overview of the Safeguards policies and capacity

Suitable organization structure with

7


participantsParticipants Issues discussed

Incorporation into Resettlement Plan and Project design

planner DCC, Zonal Executive officer (DCC) – Banani.

assessment of DCC officials on the implementation of the subproject

adequate safeguards specialist have been added in the overall organization structure and executing agency and implementing agency level. These provisions have been made in the Resettlement Plan and provision for budget have been made to meet these requirements

DCC = Dhaka City Corporation. B. Information Disclosure 18. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to displaced persons. The PIU the Resettlement Support staff (RSS) will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the displaced persons. The summary of the Resettlement Plan and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at PIU, local offices and libraries (or other pubic places, and at the LGED offices. A copy of the Resettlement Plan will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 19. For continued consultations, the following steps are to be taken:




(iii) PMCU and PIU will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be placed for public display at the PCMU and PIU offices.




8



V. GRIEVANCE REDRESS MECHANISMS 21. A grievance redress mechanism (GRM) shall be set up in the Dhaka City Corporation PIU office in Banani to register grievances of the people regarding technical, social and environmental aspects. The process will designed to be transparent, gender responsive, culturally appropriate and commensurate to the risks and adverse impacts of the project, as well as readily accessible to all segments of the affected people. The project GRM will not supersede any legal government grievance procedures. Affected people are to be informed about the mechanism through media and public outlets. This participatory process shall ensure that all views of the people are adequately reviewed and suitably incorporated in the design and implementation process. The GRM will be implemented in three levels. 22. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the resettlement safeguards officer and Project Manager, with assistance from the Resettlement Specialist(s) of the Management, Design and Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including Environmental Management Plan implementation, land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue. 23. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local GRC of the City Corporation, who will, based on review of the grievances, address them in consultation with the Safeguards Officer of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the City Corporation (GRC Chair); (ii) representative of the mayor of the City Corporation; (iii) representative of the affected persons; (iv) official of the land registry department; (v) official of the DOE divisional office; (vi) town planner of the City Corporation; and (vii) Environmental/Social safeguards Officer of the PIU. The local GRC shall meet twice a month, unless the Project Director of the PIU informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions. 24. The functions of the local GRC are as follows: (i) provide support to affected persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) record grievances of affected persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 25. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the

9

local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives: (i) Project Director PMCU, (ii) Environmental/Resettlement Safeguards Officer of the PMCU; (iii) representative from Land Ministry, (iv) representative from DOE; (v) representative of the affected persons; and (vi) Environmental/Social Safeguards officer of the PIU. 26. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental / Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 27. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the AP can seek legal redress of the grievance in the appropriate courts (fourth level of GRM). Figure 1 illustrates the GRM.


VI. LEGAL FRAMEWORK 28. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government (i.e., ARIPO) and ADB's SPS. A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework.

DSMC = Design Supervision Management Consultant, GRC = Grievance Redress Committee, GRM = Grievance Redress Mechanism, PMCU = Project Management Coordination Unit, PIU = Project Implementation Unit.

10

29. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the entitlement matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.

VII. ENTITLEMENTS, ASSISTANCE, AND BENEFITS A. Eligibility 30. All displaced persons who are identified in the project-impacted areas on the cut-off date4 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in the entitlement matrix below) sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The project will recognize both licensed and non-licensed vendors. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the detailed census during the detailed design. Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice (60 days), requested to vacate premises and dismantle affected structures prior to project implementation. B. Entitlements 31. The entitlement matrix in Table 10 summarizes the main types of losses and the corresponding entitlements in accordance with the Government and ADB policies.

4The cut-off date for title holders is based according to the formal notification, and for non-titleholders the date of the


11


Type of Loss

Application Entitled Person Entitlement Implementation Issues Responsible Agency

1 Loss of structure



Cash compensation equivalent to replacement value of structure (or part of structure) constructed by the DP.

Rights to salvage materials from structure. Provision of all taxes, registration costs, and other fees incurred for

replacement structure. Shifting allowance based on actual cost of moving (e.g., truck hire,

equipment, etc.). Additional compensation for vulnerable households. Assistance in finding alternate location.


PIU/PMCU



Hawkers 60 days advance notice. Assistance in finding alternate location. One time assistance for lost income based on three months lost







PIU/PMCU

3 Temporary loss of livelihood

Temporary loss of livelihood/source of income

Hawkers 60 days advance notice. Provision of temporary access where possible. Provision of alternative sites for continued economic activity where

possible. Where provision of alternative sites is not feasible, a one time

assistance for lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher).

Compensation for agricultural losses. Restoration of affected land, structure, utilities, common property

resource.

PIU/PMCU







PIU/PMCU


Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in this Resettlement Framework and with compliance with the policy of the Government and ADB.

PIU/PMCU

ADB = Asian Development Bank, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

12

C. Assessment of Compensation Unit Values 32. Private Building and Structure. The compensation for structures will be determined on the basis of replacement cost as on date without depreciation. The PIU with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. PIU will engage experts form PWD and the experts will carry out on the field assessment of each property and will submit the report to the Deputy Commissioner office. PIU will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. 33. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the displaced person during the survey. See income restoration and rehabilitation measures below. 34. Temporary Source of Income. The compensation for temporary impacts will be decided based on the average daily income which will be derived from the census survey. The unit cost for temporary loss of income for mobile vendors has been derived based on the minimum wage for the entire period of disruption. The disruption period has been considered as 15 days and the minimum wage has been considered to be Tk200 per day. Therefore, the unit cost for temporary loss has been calculated to be Tk3,000 per household. See income restoration and rehabilitation measures below.

VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 35. The PIU will attempt to find suitable alternative locations for hawkers including creating potential formal market spaces where feasible. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. To help hawkers losing structures in getting entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and Resettlement Support Staff will assist displaced persons during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the displaced persons, the PIU Resettlement Support Staff will fix the shifting dates agreed with the displaced persons in writing and the arrangements desired by the displaced persons with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the displaced persons in finding alternative site within the area if so desired by the displaced persons. B. Income and Livelihood Rehabilitation 36. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following:

(i) Compensation for structure paid in full before displacement occurs;

13

(ii) Assistance in finding alternate location for continuation of livelihood/living arrangements;



(v) 60 days’ advance notice to shift business; (vi) One time assistance for lost income based on three months lost income (at

replacement cost) or minimum wage rates (whichever is higher); (vii) Consideration for project employment; (viii) For vulnerable households, additional subsistence allowance equivalent to

Tk10,000/household for restoring or enhancing their livelihood. Vulnerable households will be prioritized in any project employment;


continuation of business after construction is completed. 37. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s). 38. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing displaced person losing income or livelihood. 39. During the construction stage the displaced persons, especially vulnerable displaced persons, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the displaced persons employable, the PIU will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the displaced persons.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 40. The resettlement cost estimate for the Banani subproject (Table 11) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. The Government of Bangladesh will release funds to the PMCU and the PMCU will release funds to the PIU in a timely manner. The PIU in Dhaka City Corporation (DCC) will then release funds for resettlement to the entitled displaced persons. The total resettlement cost for the subproject is estimated at Tk20.85 million. The cost items of this Resettlement Plan are outlined below:

(i) Compensation for structures (Hawkers/Vendors) and other immovable assets at their replacement cost;

(ii) Assistance in lieu of the loss of income and livelihood; (iii) Assistance for shifting of the structures; (iv) Training allowance; and (v) Special assistance to vulnerable groups for their livelihood restoration.

14

Table 11: Resettlement Budget Sl. No. Item Unit Unit Rate Quantity Amount (Tk) A Compensation A-1 Compensation for Temporary Structure Numbers 6,000 223 1,338,000 Compensation for Semi Permanent

Structure Numbers 8,000 2 16,000

Sub Total (A) 1,354,000 B. Assistance B-1 Shifting Assistance Numbers 5,000 225 1,125,000 B-2 Training Assistance Numbers 12,000 225 2,700,000 B-3 Loss of Income Numbers 24,000 194 4,656,000 B-4 Temporary Loss of Income Numbers 3,000 31 93,000 B-5 Assistance to Vulnerable Households Numbers 10,000 83 830,000 Sub Total (B) 9,404,000 C Resettlement Plan Implementation

Support Cost


Person Month

100,000 72 7,200,000

C-2 Administrative Cost Lump Sum 1,000,000 Subtotal C 8,200,000 Total (A+B+C) 18,958,000 Contingency (10%) 1,895,800 GRAND TOTAL 20,853,800 GRAND TOTAL (Million Tk) 20.85 GRAND TOTAL (Million USD) 0.29

DCC = Dhaka City Corporation, PIU = Project Implementation Unit.


41. The LGED will be the executing agency responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of the Government, and one Resettlement Surveyor responsible for overseeing PIU preparation of the Resettlement Plan for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 42. The subproject will be managed and implemented through the PIU based in the Dhaka City Corporation office in Banani. The PIU will be responsible for carrying out the detailed design of the subprojects and updating Resettlement Plans for the sample subprojects and prepare new Resettlement Plans for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be

15

responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 43. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of involuntary resettlement impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team’s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis.

C. Management, Design and Supervision Consultants 44. The MDSC will hire one International Resettlement Specialist (IRS) and one National Resettlement Specialist (NRS). They will be responsible for updating/finalizing the Resettlement Plans of sample subprojects in accordance with this Resettlement Framework and based on the detailed engineering design. These specialists will also prepare new Resettlement Plans for future subprojects under the sector approach consistent with this Resettlement Framework. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the Resettlement Plan. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. Further details on agencies responsible for Resettlement Plan activities are in Table 12 and the organization chart for Resettlement Plan implementation is depicted in Figure 2.

Table 12: Institutional Roles and Responsibilities Activity Responsible Agency A. Subproject Initiation Stage and Institutional Setup Formation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by issuing Public Notice.

PIU/PMCU

Meetings at community/household level with displaced persons. PIU Capacity Building training. MDSC/IRS B. Resettlement Plan Preparation/Updating StageResettlement screening and categorization form and submission to ADB for each subproject.

PIU/PMCU

ADB to confirm resettlement categorization. ADB Census of 100% displaced persons and socioeconomic survey. PIU/PMCU Screening of vulnerable displaced persons. PIU/PMCU Survey on unit prices for computing replacement costs. PIU/PMCU Calculation of compensation and entitlements. PIU/PMCU Update of sample subproject Resettlement Plans and preparing new Resettlement Plans in accordance with Resettlement Framework.

PIU/PMCU


PIU/PMCU


PIU/PMCU

16

LGED ADB

PMCU 1 Resettlement



DISPLACED PERSONS



Activity Responsible Agency Incorporate all comments and suggestions to Resettlement Plans. PIU/PMCU Web disclosure ADB/PMCU C. Resettlement Plan Implementation Stage Issuance of identification Cards to displaced persons PIU/PMCU Detailed schedule for compensation PIU/PMCU Distribution of relocation notices to displaced persons PIU/PMCU Award of checks for land compensation PIU/PMCU Award of Checks for other compensation and assistance/ rehabilitation PIU/PMCU Confirm with ADB in writing when payment of entitled compensation to displaced persons has been completed. Permission to contractor to begin works once compensation to displaced persons is confirmed (note: other income rehabilitation to continue after civil works commence).

PMCU/PIU


PIU/PMCU


External Expert

ADB = Asian Development Bank, GRC = Grievance Redress Committee, IRS = International Resettlement Specialist, LGED = Local Government Engineering Department, MDSC = Management, Design and Supervision Consultant, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.



17

XI. IMPLEMENTATION SCHEDULE 45. Land acquisition, compensation and relocation of displaced persons cannot commence until the Resettlement Plan has been cleared by ADB. All compensation is to be paid prior to displacement although income rehabilitation measures will continue after construction begins. Written confirmation is required by the PMCU to ADB stating that all compensation has been paid to displaced persons. Only then can construction works begin on sections where compensation has been paid. The project will be implemented over six years (January 2011 to December 2016). The implementation of the Resettlement Plan will include: (i) identification of cut-off date and notification; (ii) verification of losses and extent of impacts; (iii) finalization of entitlements and distribution of identity cards; (iv) consultations with displaced persons on their needs and priorities; and (v) resettlement, provision of compensation and assistance, and income restoration for displaced persons. The expected implementation schedule for a subproject is given in Table 13.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Establishment of PMCU and PIU. Appointment of safeguards staff in PMCU and PIUs.










Handover land to contractors

18

Activity Months

Start of civil works Skills training as required for income restoration

Grievance Redress Mechanism Internal monitoring Monthly monitoring reports (PIU to PMCU)






46. The extent of monitoring activities will be commensurate with the project’s risks and impacts. Monthly monitoring reports to be submitted by PIU to PMCU. PMCU to consolidate monthly reports into semi-annual monitoring reports to ADB. These reports should form a part of the project progress reports submitted by PMCU to ADB. 47. The objectives of monitoring are to (i) ensure that the standard of living of displaced persons are restored or improved; (ii) ascertain whether activities are progressing as per schedule and the timelines are being met; (iii) assess if compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly to mitigate problems. The above information will be collected by executing and implementing agency through its PMCU and respective PIU which is responsible for monitoring the day-to-day resettlement activities of the project through the following instruments:




developments, etc. (iii) Valuation of properties. (iv) Usages of grievance redress mechanism.

19

(v) Disbursement of compensation amounts and all assistance. (vi) Physical progress of the Resettlement Plan implementation which will include

relocation of displaced persons and affected community properties. 49. The indicators for achievement of objectives during Resettlement Plan implementation are of two kinds such as (i) Process Indicators (Indicating project inputs, expenditure, staff deployment, etc.); and (ii) Output Indicators: Indicating results in terms of numbers of displaced persons compensated, area of temporarily occupied lands restored with topsoil (and other pre-project features), number of displaced persons provided with skills training, etc. Input and output indicators related to physical progress of the work will include items such as:



20 Appendix 1

DESCRIPTION OF ROAD NETWORK IN BANANI Road Length

(m) Width

(m) Remarks

KAA 933 2 x (12/14)

District distributor, dual carriageway, commercial frontages.

4 322 4.5/7.5 Narrow road used as N-S local distributor, commercial frontages. Some katcha surface.

6(0) 322 6/15 Relatively narrow road used as N-S local distributor. Some katcha surface.

6(1) 144 6/12 Residential E-W access road. 6(12) 122 5.5/7.5 Residential minor N-S access road, residential. 6(2) 144 5.5/8.5 Residential E-W access road. 6(21) 122 5.5/7.5 Residential minor N-S access road, residential. Some katcha

surface. 8 233 7.5/15 N-S local distributor, commercial frontages. 10 322 6/15 N-S local distributor, mixed (shop house) frontages. Katcha

surface at southern end. 11 1172 9/21 E-W local distributor used as district distributor. Worst pedestrian

and traffic conditions of any road in Banani. 12 322 6/18 N-S local distributor, commercial frontages. 13(0) 389 4.5/9 Residential E-W access road, narrow usable carriageway. 13(1) 194 4.5/7.5 Residential E-W access road, narrow usable carriageway. 13(2) 128 5.5/12 Residential E-W access road, narrow usable carriageway. 13(3) 161 5.5/14 Residential N-S access road, narrow usable carriageway. 13(4) 100 5.5/14 Residential N-S access road, narrow usable carriageway. 13/A(1) 266 4.5/10.5 Residential E-W access road, narrow usable carriageway. Some

katcha surface. 13/A(2) 128 4.5/7.5 Residential N-S access road, narrow usable carriageway. 13/A(3) 67 7.5/10.5 Residential N-S access road, reasonably wide carriageway. 13/B 194 4.5/12 Residential E-W access road, narrow usable carriageway, semi-

pacca and katcha surface. 13/C(1) 200 6/20 Residential E-W access road, reasonably wide carriageway. 13/C(2) 122 5.5/12 Residential E-W access road, reasonably wide carriageway. 13/C(3) 61 3.5/10.5 Residential N-S access road, very narrow usable carriageway. 15(1) 266 7.5/18 Residential E-W access road, reasonably wide carriageway. 15(2) 233 9/18 Residential N-S access road, wide carriageway. 17(1) 144 10.5/17 E-W access road, educational activity, many pedestrians, wide

carriageway. 17(2) 305 12/24.5 E-W access road, canyon-like street between tall buildings

(commercial, educational, hotel). Seriously degraded street. 17(3) 389 7.5/21 E-W access road, tall buildings to north (commercial, educational,

hotel). Seriously degraded street: just over a third of its width is available for traffic.

17(4) 200 7.5/15 E-W access road, mainly commercial to north side. 17(5) 111 4.5/17 Residential E-W access road, narrow usable carriageway. 17/A(1) 194 7.5/18 Residential E-W access road, reasonably wide carriageway. 17/A(2) 117 3/7.5 Residential E-W access road, very narrow carriageway. 19/A 339 6/14 Residential N-S access road, narrow usable carriageway.

Blockaded during site visit because of construction works. UNR(1) 83 15/24.5 Short, relatively wide N-S commercial connector. UNR(2) 111 12/17 Shopping street with tall frontages to both sides; heavily trafficked. UNR(3) 56 12/17 Very wide N-S connector alongside open air car park. UNR(4) 44 7.5/9 Short, relatively wide N-S residential connector. Notes: KAA = Kamal Ataturk Avenue.

UNR = un-named road (at least no name is given on the source map). N-S = north-south, E-W = east-west. In the width column the first width is that of the carriageway and the second is the frontage-to-frontage width.

Appendix 2 21

INVENTORY OF TEMPORARY LOSS ON RIGHT OF WAY



10. Property No. ------------------------



13. Name of the Owner .................................................

14. Father’s Name .......................................................







22 Appendix 2







1. Yes 2. No


1. Yes 2. No.











5. Others (specify .......................................................... )


1. Yes 2. No.


Appendix 3 23

SUMMARY OF CONSULTATIONS Date of Consultations: 15-06,2010, 16-05-2010 and 17-06-2010 Number of Consultations: 05 numbers Place of Consultations: (i) Ward: 2 & 3 , (ii) Ward: 7 & 8, (iii) Ward: 9 & 10, (iv) Ward: 5 & 6 and (v) Ward: 3. Number of Participants: 25

Q. No

Issues Participants’ Opinion, Comments and Suggestions

1 Have you heard about CRDP (City Region Development Project)

Yes, people have partially heard about City Region Development Project (CRDP)

2 If yes, where from From the DCC officials and other engineers

3

General perception about the project and the awareness about the proposed project.

People are generally in favor of the project especially the local residents. However, the hawkers and vendors are skeptical about their relocation and shifting. They still perceive that project will take some time to take off and they can still operate till the project starts.

4 Do others in this locality support this Yes, especially the residents in this locality surely

support this.

5

Any critical issue or concern by the local people regarding the project?

Displacement of the large numbers of hawkers and vendors who are working on the street may cause some concern and need proper compensation and arrangements for relocation prior to the start of the project.

6

Any criteria you would like to see considered during project design, construction and operation stage?

Proper compensation and assistance including some support for their relocation.

7

Employment Potential in the project which is of benefit to village

Yes, there will be huge scope of employment for the squatter people and the plot owners will get barrier free way out. However, hawkers/vendors foresee some temporary disruption in their business activities.

8

Number of Households in the Mohallah/Town/District

The total number of Households is relatively high. People who are living in Banani land varying from 10,125 to 15,000 persons at day time. But at night it becomes poor around 500 people.

9

Ethnic Minorities /Indigenous peoples’ composition (If there are Indigenous People, please mention about the names of the indigenous people and number of households).

There is no indigenous person or ethnic minority who are living there.

10

Number of Shops/ Commercial establishments in the Mohallah/town.

In the market side, there are some shops and large numbers of commercial establishments in this Mohallah Market places. On road side land, there are many shops which are approximately 250 numbers of hawkers and vendors

11 Numbers of Industrial Units in the Mohallah/town and surrounding area.

There are some garment industry and private luxury offices and several private Universities and other

24 Appendix 3

Q. No


business canters.

12

General socio-economic standing: What are the economic activities? Land use, cropping pattern (Seasonal), types of crops, value of the crops, Average land holding size etc.

Land and house owners are having good socioeconomic condition while squatters are in moderate economic condition that is solely dependent on the daily business.

13 Is the land Irrigated and what are the sources of Irrigation?

Not Applicable as the land is residential and commercial

14 Access to the forest land and the use of the forest land (if any)

No access to the forest land. No forest land found there.

15 Is the area electrified Yes it is an electrified area.

16 Source of drinking water DWASA Supplied Water, Bottled purified Water & HTWs

are the sources of drinking water.

17

Loss of residential/commercial structures, if any due to the project

Mostly squatters who are doing their small business on the street and are mostly smaller shops, tea-shops, floating hotels, grocery shops, Cloth shops, and etc. structures are found there.


Not at all.


Poverty level is there. Local Mohallah poor people= 15 families, Very poor= 10 families and well off= 45 families & medium families are 30%.

20 Education Status: Literate, illiterate etc Literate=85%, illiterate=35%.


Employed= 68%, unemployment= 10% and underemployment= rest


Inward migration= 93% Outward migration= 7%

23 What is the major occupational structure of the local people

The major occupational structure of the local people is commercial activities.

24

Are you satisfied with the present infrastructure facility in the town and locality

Yes, we are satisfied with the present infrastructure facility in the town and locality. But some over Bridges are essential at Dhaka City to manage traffic. Also, the congestion on Banani streets need to be solved das it is a business centre.

25

Do you face any problem regarding the exiting water supply/solid waste management/river port/Drainage/Traffic system?

We do not face existing water supply/solid waste management and Drainage systems. But, traffic become some problem, since there is only one lay-bay for the traffic at Banani.


Up-gradation is necessary for Traffic system management at Dhaka City,

27 Do you have any idea regarding the process of upgradation?

Government should take action. To be cleaned and de-marketed properly, shifting of some the available

Appendix 3 25

Q. No


unauthorized vendors/hawkers structures from the right of way and several well paved approach roads are required.

28 For this upgradation the road/street/path/drainage may get affected- what do you think about that- is it desirable?

For up-gradation the road/street/path /drainage may get affected to some extent. However, it is desirable.


This will not affect the present living or activity of the people except the fact these unauthorized hawkers and vendors may suffer in their business on a temporary basis.

30 Who else could be affected due to this upgradation

Only some shop keepers and squatters are likely to be affected due to this upgradation. General pedestrians who work over there likely to be affected there.

31 How intense could be the effect The impact on these hawkers and squatters are significant when we take in to account the all the streets in banana.

32 Do you think the affect will be of permanent nature?

Some of them may be permanent but mostly the impact will be temporary in nature.

33 The project may need shifting of some encroachments and squatters. Would you like to shift from here on your own

The project may need shifting of some encroachments and squatters from the right of way i.e., from Banani land. However, we prefer project assistance and compensation so that we can shift on our own.


No idea where to shift. Most possibly on some residual land if land is available.


There is no available alternate place for relocation for the affected people. .

36 Perceived losses from the Project- Many small shops and vendors/ hawkers Banani Road land are the perceived losses from the Project.


People believe some compensation from any sources.

38 Perceived benefits from the Project- Perceived benefits from the Project would be a permanent way out and in for the people; not only for some limited traders. It would be for everyone’s business centre.


Yes we hope so.

40 Any suggestion/opinion, etc. 1. Well Paved road at Banani 2. Best Communication networks.


Yes, it would be possible to get regular information regarding this Project.


Yes, it may be both.

26 Appendix 3

Q. No


43 Will the project cause landslides or soil erosion in the locality.

There will be no cause of landslides or soil erosion in the locality. .


No, the project will not cause any imbalance by cutting fruit and commercial trees in the locality; Infact, there are no cases of big trees found in the project area as it is a hub of urban centre


The project will not cause any health and safety issues in the area. However, during the construction, the contractor should sprinkle water and should take adequate measures for noise and dust pollution.


No, there had been no land acquisition before at Banani, Dhaka, if land acquisition is being done by the concerned Deputy Commissioner of the Dhaka district and compensation may be paid by Deputy Commissioner following Government LA Ordinances and its subsequent amendments therein. When there is ADB fund in this project, the affected people will get compensation following ADB guidelines. Deputy Commissioner pays compensation to legal plot owners only. We expect transparent compensation procedure in this project


No such cases found in Banani.


There may be any chronic disease prevalent in this area and people are aware about HIV/AIDS and STP. The health statuses, is availability of Hospitals and over all environmental condition are there; since it is a main part of Dhaka City.


No, the project setting will not adversely change migration pattern of habitats

50 Will the project sitting adversely impact the water or soil resource in the locality

The project sitting will not adversely impact the water or soil resource in the locality.


BRAC, Grameen Bank, Proshika, Padakhep and other NGOs are active in Dhaka Banani area


There will be likely involvement of local people in the implementation of the project as professional worker and other occupation.

53 Kindly indicate what kind of economic/ non-economic activities female members of your family are engaged in

The female members of families could engage in both in economic/ non-economic activities at Dhaka City.

Appendix 3 27

Q. No


54 If, engaged in economic activities how much they contribute to total family income of the year

The female are engaged in economic activities and contribute to total family income of the year. Normally the females are involved household activities and in small scale manual work in wage earning and running small shops.


Normally, a male is a head in decision making of household matters. In some special cases, female are involved in.


Yes, the women of the household can freely go outside to work, for marketing, or accessing hospitals, educational institutes, etc.

57 Does the woman have easy access to get water from outside?

Yes, the woman has easy access to get water from outside.


Yes, all members have a toilet at household as when they need the toilet.

59 Can a woman access public toilets and bathing facilities in the evening easily?

Most of the women have access to public toilets and bathing facilities in the evening if any guardian with her at Banani.


Yes the people of Banani have adequate street lighting during the night since it is a part of main part of Banani town.

61 Any other issues you may feel to share:

Other Issues at Banani may feel to share is the establishment are the internal and external communication network with local people and people in other districts and abroad. Also, they need full cooperation from the DCC in the process of payment of compensation, assistance and relocation. Sufficient advance notice should be given to all these hawkers and squatters operating in the banana Street. Possible attempts should be made by the DCC to find some alternate market place for those who will be permanently shifted due to the project.

62 Is this consultation useful? Comments Yes, the consultation is useful to almost everybody. Consultation helps much the people to know one another the internal information what we need and the other people’s requirements. Consultation also mitigates information gaps of the people at Banani.

ADB = Asian Development Bank, CBO = community-based organization, CRDP = City Region Development Project, DCC = Dhaka City Corporation, DWASA = Dhaka Water Supply and Sewerage Authority, NGO = nongovernmental organization.

28 Appendix 3

LIST OF PARTICIPANTS

SL. Name Occupation Sex (M / F) Age (Years)

1 Mr. Shorab Hossaim Godown Worker M 45

2 Mr. Habibur Rahman Godown Worker M 32

3 Mr. Kalam Bapari Shop keeper M 35

4 Mr. Hannan Mollah Helper in a market M 20

5 Mr. Kabir Ali Tea-stall owner M 40

6 Mr. Kh. Hasan Mia Shop keeper M 34

7 Mr. Latif Talukder Fuel Sealer M 45

8 Mr. Keramot Ali Worker in a market M 30

9 Mr. Jay Miah Food Sealer M 22

10 Mr. Jamal Uddin Hotel Worker M 24

11 Mr. Karim Hossain Pan-Biri Sealer M 58

12 Mr. Zahir Mollah Passer by M 55

13 Mrs. Shanjida Nurse Of the Hospital F 34

14 Mr. Shubir Kumar Buyer in a shop M 47

15 Mr. Arun Kumar Pal Workman M 26

16 Mrs. Kalima Khatun Hotel Worker F 36

17 Mr. Hasmot Mollah Hotel worker M 25

18 Mrs. Shabiha Begum Seals Lady F 17

19 Mr. Hori Pado Ghosh Passer by M 23

20 Mrs. Jaitan Nessa Tea-lady F 35 21 Mr. Adbul Karim Pedestrian M 46 22 Mr. A. Gani Worker in a farm M 34 23 Mr. A Kadair Van Puller M 36

24 Mr. Kafil mahmud Rickshaw Driver M 40

25 Mr. Akbar Hossain Van Puller M 47

Appendix 4 29

CONSULTATION AND DISCLOSURE ROLES AND RESPONSIBILITIES

Project Phase Activities Details Responsible

Agency


Subproject information dissemination on various components Disclosure of Preliminary proposed for required land acquisition to displaced persons Preliminary Information Sharing about the tentative alignment/ sites with the displaced persons in case of temporary impact on business, income and livelihood

-Leaflets containing information on the Project and subprojectarea to be prepared) -Public notice issued in public places including newspapers and direct consultation with displaced persons

PIU/PMCU (DCC/LGED)


Stakeholder consultations

-Further consultations with displaced persons and households, titled and non-titled. -Summary Resettlement Framework made available to all displaced persons at the convenient place which is easily accessible and should be in local language (Bengali)

PIU/PMCU (DCC/LGED)

Disclosure of final entitlements and rehabilitation packages and disclosure of draft Resettlement Plan

Resettlement Plans disclosed to all displaced persons in local language (Bengali)

PIU/PMCU (DCC/LGED)

Finalization of Resettlement Plan

-Review and approval of Resettlement Plan by executing agency. -Review and approval of Resettlement Plan by ADB (prior to award of contract). -Web disclosure of the Resettlement Plan. -Disclosure of the Final Resettlement Plan to displaced persons

PIU/PMCU (DCC/LGED)


Consultation with displaced persons during Resettlement Plan implementation

-Consultations with displaced persons; -Payment of entitlements; -Written notification from PMCU to ADB that all compensation paid before displacement occurs

PIU/PMCU (DCC/LGED)

ADB = Asian Development Bank, DCC = Dhaka City Corporation, LGED = Local Government Engineering Department, PIU = Project Implementation Unit, PMCU = Project Management Cordination Unit,.

30 Appendix 4



Pre Construction Activities and R&R Activities 1 Assessment of Resettlement impacts due to changes in

project design (If required)

2 Preparation/ updating of Resettlement Plan based on changes in project design

3 Approval of updated Resettlement Plan from ADB 4 Disclosure of updated Resettlement Plan 5 Establishment of Grievance Redressal Committee 6 Capacity building of PIU Verification of displaced persons Census list; assessment

on compensation and assistance, and readjustment

7 Land Acquisition Resettlement Plan Implementation 1 Payment of Compensation as per replacement value of land

& assets to displaced persons

2 Disbursement of assistance to title holders 3 Disbursement of assistance to non-title holders 4 Disbursement of special assistance to Vulnerable groups 5 Replacement/ shifting of community property resources 6 Reinstallation of public utilities 7 Records of Grievance Redressal 8 Temporary Relocation of Hawkers and Vendors 9 Income Restoration Measures through training Social Measures during Construction as per Contract Provisions1 Prohibition of employment or use of children as labour 2 Prohibition of Forced or Compulsory Labour 3 Ensure equal pay for equal work to both men and women 4 Implementation of all statutory provisions on labour like

health, safety, welfare, sanitation, and working conditions




BAN: City Region Development Project—Gazipur Water Supply and Sanitation Subproject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh The Resettlement Plan is a document of the Borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank ARIPO — Acquisition and Requisition of Immovable Property Ordinance CRDP — City Road Development Project DOE — Department of Environment DPHE — Department of Public Health Engineering GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IRS — International Resettlement Specialist LGED — Local Government Engineering Department MDSC — Management, Design and Supervision Consultant NRS — National Resettlement Specialist PMCU — Project Management Coordination Unit PIU — Project Implementation Unit ROW — right of way RSS — Resettlement Support Staff SPS — Safeguard Policy Statement

TABLE OF CONTENTS

EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Components 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3 III. SOCIOECONOMIC INFORMATION AND PROFILE 6 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 6 A. Public Consultation 6 B. Information Disclosure 7 C. Continued Consultation and Participation 8 V. GRIEVANCE REDRESS MECHANISMS 8 VI. LEGAL FRAMEWORK 10 VII. ENTITLEMENTS, ASSISTANCE, AND BENEFITS 11



A. Basic Provision for Relocation 14 B. Income and Livelihood Rehabilitiation 15

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 16

A. Project Management Coordination Unit 17 B. Project Implementation Unit 17 C. Management, Design and Supervision Consultants 17

X. IMPLEMENTATION SCHEDULE 19 XI. MONITORING AND REPORTING 21 Appendixes 1. Census Questionnaire for Permanent Land Acquisition and Resettlement 23 2. Census Questionnaire Inventory of Temporary Loss 28 3. Details of Public Consultation and Focus Group Discussions 30 4. Future Consultation and Disclosure Roles and Responsibilities 35 5. Monitoring Indicators and Sample for Status Report 36

EXECUTIVE SUMMARY 1. The City Region Development Project (CRDP, the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a six-year period (January 2011 to December 2016). This document is a draft Resettlement Plan prepared for the Gazipur Water Supply and Sanitation subproject. It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The Resettlement Plan is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework adopted for the Project. It is classified as Category B according to ADB’s SPS as minimal land acquisition and resettlement is required. 2. Summary of Resettlement Impacts. A total of 16 households will be affected consisting of five households (39 affected persons) losing a small piece of land for four proposed tube wells and one public toilet; and 11 street hawkers/mobile vendors who will experience temporary economic impacts. Four proposed tube wells will be constructed on private land amounting to a total of 425 sq.m. and one public toilet amounting to 144 sq.m. A total of 18 fruit bearing trees were identified on these lands. No buildings or structures will be affected and there are no encroachers and squatters present. The 50 km. of distribution extension pipelines will be within the public right of way (ROW) and will temporarily affect the identified street hawkers and mobile vendors who will experience temporary economic displacement. Each hawker operates a small shop within temporary bamboo or wooden structures/kiosks which can be easily shifted with minimal disturbance. There are a total of 13 vulnerable households as they earn income considered below the poverty line. 3. Public consultations. Consultations were carried out during Resettlement Plan preparation and will continue throughout the subproject cycle. A grievance redress mechanism (GRM) will be made available as explained in this Resettlement Plan. 4. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Gazipur Pourashava with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at the Local Government Engineering Department (LGED) Headquarters in Dhaka. The detailed design, preparation and implementation of the capital investments will be supported by (i) consultancy support (both international and national); and (ii) technical support from LGED and the Department of Public Health Engineering (DPHE). The PIU will implement the Resettlement Plan with support from the PMCU and consultants. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per the entitlement matrix within this Resettlement Plan. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for land and resettlement in a timely manner. 5. Resettlement Plan Implementation and Monitoring. All compensation is to be paid prior to displacement (both physical and economic) however, ongoing income rehabilitation activities will continue after construction begins. Written confirmation of full compensation to displaced persons must be made to ADB prior to commencement of civil works in sections ready for construction. The estimated total period of the implementation of the Resettlement Plan is 13 months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will

ii

consolidate monthly reports into semi-annual monitoring reports or as part of the regular project reporting and will submit to ADB.

I. PROJECT DESCRIPTION A. Overview 1. The City Region Development Project (CRDP, the Project) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments; and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around ‘integrated area planning’ principles which enhance economic activity in the regional context and provide opportunities for investment. This draft Resettlement Plan is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. 2. The Gazipur water supply/sanitation subproject focuses on providing a sustainable framework in which water supply and sanitation (WSS) improvements may be delivered more effectively by incorporating and optimizing existing systems. At the same time, the subproject seeks to mitigate as far as practicable, the current depletion of groundwater resources by substantially reducing wastage in water delivery and use. A key aim of the subproject is for water to be produced and delivered more effectively and to improve energy efficiency and reduce power consumption. 3. The specific objectives of this subproject are to (i) rehabilitate the existing water supply sources, including the production tube wells and the distribution system in the core area of Gazipur; (ii) expand the sources of water supply within the core and fringe areas, including the construction of new production wells; (iii) improve the institutional structure of the Pourashava to more effectively deliver water and sanitation services; (iv) improve overall health and sanitary conditions; and (v) improve the financial standing of WSS services through the introduction of modern accounting, billing and revenue collection to full cost recovery. B. Subproject Components 4. The details of each subcomponent under the subproject is described in the sections below.

1. Water Supply

5. Rehabilitation of existing production tube wells. The subproject includes rehabilitation of eight existing tube wells. Rehabilitation will include the following works: (i) collection of bore hole data and design; (ii) inspection by closed-circuit television (CCTV); (iii) unclogging tubewell silt deposits; (iv) removal of silt and debris; (v) borehole disinfection; and (vi) conducting step-drawdown test. Actual requirements will be based on the findings of the hydrogeological study. The locations of the tube wells are in Table 1.

2

Table 1: List of Existing Production Tube Wells Sl No Location and Area of the Production

Tube Well (PTW) Ward No

PTW-01 Rajbari Water Works Compound 04 PTW-02 Boruda 04 PTW-03 Madhov bari Water Works Compound 04 PTW-04 Bazar Water Works Compund 03 PTW-05 North Bilashpur 03 PTW-06 Laxmipura Water Works Compound 07 PTW-07 East Chandana near graveyard 07 PTW-08 Laxmipura Talukdar para 07 PTW = production tube well.

6. Refurbishment of existing water supply network. The existing water supply network in Gazipur Pourashava consists of 28 km of mainly PVC pipelines of 100 to 200 mm diameter. Activities under this component include (i) removing and replacing broken or leaking pipes; (ii) installing washout valves; (iii) flushing pipes for silt removal; and (iv) replacing illegal connections with new metered service. The work will be carried out to the existing distribution systems.

7. Interconnections of existing networks. A system of interconnection will be designed as part of the network analysis carried out in Phase 1 of this subproject. It is envisaged that significant operational efficiencies may be realized by the interlinking of the networks especially in regard to proposed network extensions and the provision a continuous 24 hrs supply.

8. Expansion of distribution network. It is aimed to increase the piped supply coverage from 34–65% of the Gazipur population. New supply areas will be determined during detailed design taking into account the findings of population surveys. Installation of water meters at consumer premises and production wells are also proposed. Allowance has been made for the installation of 1,000 new meters with valved service connections. Current estimates for new pipeline lengths are given in Table 2.

Table 2: Proposed Pipeline Network Extensions

Pipe Diameter Existing pipeline

(km) Proposed Extension Length

(km)

200 mm 1.75 20

150 mm 12.75 15

100 mm 13.75 15

Total 28.25 50

9. New production tube wells. Activities are to include the drilling of 12 new production tube wells to provide additional water corresponding with the expansion of the water supply network. It is envisaged that 8 new production wells will be drilled with an additional 4 to be drilled as replacement of existing wells. The details on the location of the proposed production tube wells are described in Table 3.

Table 3: List of Proposed Production Tube Wells Sl No Location and Area of the Proposed

Production Tube Well (PTW) Ward No

PTW-01 East Bhurulia near primary school 01 PTW-02 West Bhurulia near mazir khola 01 PTW-03 West Bhurulia (Chayatoru) 01

3

Sl No Location and Area of the Proposed Production Tube Well (PTW)

Ward No

PTW-04 West Bhurulia near nandita hall 01 PTW-05 Near mariali school 03 PTW-06 West side of Niamot sharak 03 PTW-07 Sahapara 04 PTW-08 Sashan 04 PTW-09 Harinal 05 PTW-10 Bangalgach 06 PTW-11 East Chandana 07&08 PTW-12 Near Tin Sharak 07 PTW = production tube well.

10. Water supply to informal housing areas. The subproject will provide new production wells, hand pumps and drainage facilities in areas where gaps in provision have been identified under feasibility studies during the detailed design stage, including informal housing areas and in rural development clusters.

2. Sanitation Facilities

11. Public Toilets. Public toilets are very limited in the core area and this component includes for the construction of 10 new public toilets and wash facilities. Facilities are to be provided with piped water supply and drainage system with suitably designed soakways. The details on the names and locations of the proposed public toilets are described in Table 4.

Table 4: List of Proposed Public Toilet

Sl No Location and Area of the Proposed Production Tube Well (PTW)

Ward No

PT-01 Near Duet 01 PT-02 Near BIDC Bazar 01 PT-03 Near Mazirkhola 01 PT-04 South Corner of Rajbari Field 04 PT-05 Raj Dhiigir Par 04 PT-06 Joor Pukhur par 04 PT-07 Kanya bazaar 06 PT-08 Niler Para near market 06 PT-09 Near Laxmipura jave councilor office 07 PT-10 Dirashram bazaar 08 PTW = production tube well.

12. Pit Latrines. The subproject also aims to construct 2,000 new pit latrines in the core and fringe areas, matching the priority needs identified during the course of discussions between the consultant team and representatives of the pourashava. 13. Sludge Management. Towards improved operation and maintenance (O&M) of the existing septic tanks within Gazipur, the subproject will provide new septage collection equipment and vehicles. Sludge drying beds are proposed to be developed at the existing solid waste dumping ground at Gazipur.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 14. A total of 16 households will be affected consisting of five households losing a small piece of land for four proposed tube wells and one public toilet; and 11 street hawkers/mobile

4

vendors who will experience temporary economic impacts. Four proposed tube wells will be constructed on private land amounting to a total of 425 sq.m. and one public toilet amounting to 144 sq.m. A total of 18 fruit bearing trees were identified on these lands. No buildings or structures will be affected and there are no encroachers and squatters present. The 50 km of distribution extension pipelines will be within the public ROW and will temporarily affect 11 identified street hawkers and mobile vendors who will experience temporary economic displacement. Each hawker operates a small shop within a temporary bamboo or wooden structures/kiosks which can be easily shifted with minimal disturbance. A summary of land acquisition and resettlement impacts are described in Tables 5 and 6.

Table 5: Summary of Land Acquisition and Resettlement Impacts SI No. Name of the

Components Impact on

Land Acquisition

Temporary Impact

Remarks

1. Water Supply 1 Rehabilitation of

Existing Production Tube Wells

No No Rehabilitation of 8 existing production tube wells will not require any land acquisition.

2 Refurbishment of Existing Water Supply Network

No No 28 km of mainly PVC pipelines of 100 to 200 mm diameter. Land acquisition not required. Works to occur at night to avoid and minimize disturbance to local businesses.

3 Interconnection of Existing Networks

No No Land acquisition not required.

4 Extension of Distribution Network

No Yes 50 kilometers of pipelines extension will temporarily affect 11 hawkers. Land acquisition not required.

5 Development of New Production (Tube) Wells

Yes No Out of 12 proposed tubewells, 4 require acquisition of private land amounting to 281 sq.m.

6 Water Provision in Informal Housing Areas


2. Sanitation 1 Construction public

toilets No Yes Out of the proposed 10 public toilets

only one will require land acquisition amounting to 144 sq.m. of private land.

2 Sanitation – Core Area and Fringe Areas

No No Additional land acquisition not required.

3 Improved sludge management system


5

Table 6: Details of Private Land Acquisition

No. Component Location Land Use

Cadastral Map No.

Owner Area to be Acquired (katha)

Area to be acquired (sq.m.)

Total area of affected plot (katha)

% loss vs. total area of the plot

Total Landholding (Affected + Unaffected) (katha)

% loss vs. total holding

1 Public Toilet Dirashram Bazar

Agric. – Mr. Aftabuddin

2.00 144 2.00 100.00 83 2.41

2 Pump House-01

East Bhurulia near primary school

Agric –

Mr. Habibur Rahman Talukder

2.07 149 3.44 60.17 96 2.16

3 Pump House-02

West Bhurulia near Mazir khola

Agric 273

Md. Anisur Rahman

0.50 36 2.00 25.00 52 0.96

4 Pump House-05

Near Mariali School

Agric –

Md. Mosarraf Hossain Mir

0.50 36 5.00 10.00 89 0.56

5 Pump House-07

Saha Para Agric

– Mr. Abdur Rahim Khan

0.83 60 4.00 20.75 78 1.06

Table 7: Socioeconomic Details of the Displaced Persons Experiencing Permanent Land Acquisition

S.N Name of the Owner

Household Size Main

Occupation/Income Source

Monthly Income (Tk)

Vulnerability

Total Male Female Women Headed

Household

Physically Handicapped

Household

Below Poverty

Line Household*

1 Aftabuddin 5 2 3 Business 10,000 No No Yes 2 Habibur Rahman Talukder 12 7 5 Agriculture 8,500 No No Yes 3 Md. Anisur Rahman 10 3 7 Business 30,000 No No No 4 Md. Mosarraf Hossain Mir 7 3 4 Business 20,000 No No No 5 Abdur Rahim Khan 5 2 3 Business 12,000 No No No

Note: Below Poverty line has been calculated on the basis of general formula which is $1 per day per person. The average family size in the subproject area is 5.3 and the $1= Tk72. Therefore, the threshold for poverty line has been considered as Tk11,475 income per month per household.

6

III. SOCIOECONOMIC INFORMATION AND PROFILE 15. Structured census survey questionnaires (Appendixes 1 and 2) were used to collect detailed information on the five affected households losing land. The survey was conducted in June 2010.1 A summary of socioeconomic data of affected persons is included below. 16. Land Owners. There are a total of five separate landowners losing small pieces of land as a result of the subproject. The total number of affected persons is 39. Total monthly income ranges between Tk10,000-20,000. Two of these households are considered vulnerable as they earn income below the poverty line. The land owners are mostly occupied in agriculture, service and doing small business. 17. Street Hawkers and Mobile Vendors. The subproject will impact 11 identified street hawkers and mobile vendors who are operating within or encroaching onto the ROW. Each operate within temporary structures. The uses of these structures are mostly for roadside small business activities. Out of the 11 affected street hawkers and mobile vendors, 2 are partially affected (structures encroaching onto the ROW) while the remaining 9 will be fully impacted as they are located entirely within the ROW. The types of structures are classified based on the type of construction, their usability and the age of the structure. All the structures are temporary as they have no permanent foundation and are between 1 to 10 years old. Each consists of bamboo pillars, Tripol/Plastic or thatched structures with iron corrugated sheets. The total area for each structure is approximately 12 sq.m. Therefore, each can be easily shifted to other locations without much disturbance. The average market price for replacing the structures ranges between Tk9,000 to Tk10,000. Therefore each of street hawkers and mobile vendors are considered vulnerable households as they earn below the poverty line. 18. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage.

IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 19. During subproject preparation, consultations were held with the official representatives of the Gazipur Pourashava, apart from the communities in the project area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Gazipur urban area. These consultations (Table 8) provided an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the DPs and the summary of these consultations is given in Appendix 3.



7

Table 8: Summary Consultation Findings


participants Participants Issues discussed

Incorporation into Resettlement Plan and Project Design

A Gazipur 12th May 2010

8 Executive engineer, CEO, acting Mayor of Gazipur Pourashava, and other staff of Pourashava

Assessment of the environment and social safeguard capacities of the Pourashava, understanding of the externally funded projects implemented till date, key issues pertaining to environmental management, including land acquisition and resettlement

Capacity building program, for training on environmental and social/involuntary resettlement aspects to the Pourashava engineers, as part of the project. Training on ADB’s safeguard Policy Statement requirement

B Gazipur 22nd June 2010

20 Mayor, CEO, Executive engineer, elected representatives, staff of Pourashava

Discussion and finalization of the subproject components Siting of the project components to avoid impacts on land acquisition

Joint site visits with the elected representatives to identify lands which result in minimum land acquisition impacts

C Gazipur 21st June 2010

15 Elected representatives and communities, at locations of distribution networks, locations of production tubewells, and community toilets.

Siting of the project components to avoid impacts on land acquisition and clearance of trees etc, There was no objection to the construction activities that may occur when the water network is laid, as these would be temporary and would result in long term benefits to the city residents.

Site visits undertaken, and consultations with owners of the land parcels where the production tubewells, toilets are proposed to be sited. Assets on land, including structures, trees evaluated, and compensation provided for in the resettlement plan for the subproject.

ADB = Asian Development Bank, CEO = Chief Executive Officer. B. Information Disclosure 20. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to displaced persons. The PIU Resettlement Support staff (RSS) will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the displaced persons. The summary of the Resettlement Plan

8

and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at PIU, local offices and libraries (or other pubic places), and at the LGED and DPHE offices. A copy of the Resettlement Plan will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 21. For continued consultations, the following steps are to be taken:


communities about the progress in the implementation of resettlement, social and environmental activities;

(ii) There will be a Grievance Redress Committees (GRC). The displaced persons will be associated with such committee along with their representatives;

(iii) PMCU and PIU will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be placed for public display at the PCMU and PIU offices;

(iv) All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the Resettlement Plan;

(v) Key features of the entitlements will be displayed along the project corridor; (vi) The PMCU and PIU will conduct information dissemination sessions at major

intersections and solicit the help of the local community leaders to encourage the participation of the displaced persons in Resettlement Plan implementation; and


V. GRIEVANCE REDRESS MECHANISMS 22. A grievance redress mechanism (GRM) shall be set up in the Gazipur Pourashava PIU office to register grievances of the people regarding technical, social and environmental aspects. The process will designed to be transparent, gender responsive, culturally appropriate and commensurate to the risks and adverse impacts of the project, as well as readily accessible to all segments of the affected people. The project GRM will not supersede any legal government grievance procedures. Affected people are to be informed about the mechanism through media and public outlets. This participatory process shall ensure that all views of the people are adequately reviewed and suitably incorporated in the design and implementation process. The GRM will be implemented in three levels. 23. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the resettlement safeguards officer and Project Manager, with assistance from the Resettlement Specialist(s) of the Management Design Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including Environmental Management Plan implementation, land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue. 24. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local GRC of

9

the City Corporation, who will, based on review of the grievances, address them in consultation with the Safeguards Officer of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the City Corporation (GRC Chair); (ii) representative of the mayor of the City Corporation; (iii) representative of the affected persons; (iv) official of the land registry department; (v) official of the Department of Environment (DOE) divisional office; (vi) town planner of the City Corporation; and (vii) Environmental/Social safeguards Officer of the PIU. The local GRC shall meet twice a month, unless the Project Director of the PIU informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions. 25. The functions of the local GRC are as follows: (i) provide support to affected persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) record grievances of affected persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 26. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives:(i) Project Director PMCU; (ii) Environmental/Resettlement Safeguards Officer of the PMCU; (iii) representative from Land Ministry; (iv) representative from DOE; (v) representative of the affected persons; and (vi) Environmental/Social Safeguards officer of the PIU. 27. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental / Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 28. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the affected person can seek legal redress of the grievance in the appropriate Courts (fourth level of GRM). Figure 1 illustrates the GRM.

10


DSMC = Design Supervision Management Consultant, GRC = Grievance Redress Committee, PIU = Project ImplementationUnit, PMCU = Project Management Coordination Unit.

VI. LEGAL FRAMEWORK

29. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government (i.e., the ARIPO) and ADB's SPS. A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework. 30. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the Entitlement Matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.

11

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 31. All displaced persons who are identified in the project-impacted areas on the cut-off date2 will be entitled to compensation for their affected assets, and rehabilitation measures (as outlined in the entitlement matrix below) sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The project will recognize both licensed and non-licensed vendors. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the detailed census during the detailed design. Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice (60 days), requested to vacate premises and dismantle affected structures prior to project implementation. B. Entitlements 32. The entitlement matrix in Table 9 summarizes the main types of losses and the corresponding entitlements in accordance with the Government and ADB policies.




Type of Loss

Application

Entitled Person


Responsible Agency

1 Loss of land

Homestead land, agricultural land, or vacant plot

Owner(s) with legal title

(i) Land-for-land option of equal productive capacity satisfactory to owner if feasible and if alternate land is available.

(ii) Cash compensation equivalent to replacement cost.3 (iii) Assistance in finding replacement land. (iv) Provision of stamp duty, land registration fee, capital gains

tax, and value added tax incurred for replacement land. (v) Option to be compensated if remaining land is no longer

viable. (vi) Access to equivalent common property resources previously

accessed (vii) Additional compensation for vulnerable households.

If land-for-land is offered, title will be to both husband and wife, if feasible.

Vulnerable households4 to be identified during census survey conducted as part of the Resettlement Plan.

Viability of land to be determined in consultation with land owner.

PIU/PMCU Deputy

Commissioner

2 Loss of crops and trees

Standing crops and trees


(i) 60 days advance notice to harvest standing seasonal crops, if harvest is not possible, cash compensation for crops (or share of crops) equivalent to prevailing market price.

(ii) Cash compensation for perennial crops and fruit bearing trees based on annual net product market value multiplied by remaining productive years.

(iii) Cash compensation equivalent to prevailing market price of timber for non-fruit trees.

Work schedule to allow harvesting prior to acquisition and avoid harvest season

Market value to be determined in consultation with divisional forest department.

PIU/PMCU

3 Loss of structure



(i) Cash compensation equivalent to replacement value of structure (or part of structure) constructed by the displaced person.

(ii) Rights to salvage materials from structure. (iii) Provision of all taxes, registration costs, and other fees

incurred for replacement structure. (iv) Shifting allowance based on actual cost of moving (e.g., truck

hire, equipment, etc.). (v) Additional compensation for vulnerable households. (vi) Assistance in finding alternate location.


PIU/PMCU

3 The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost is

described in Section B.V.c in this Resettlement Framework. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets is not to be taken into account.

4 Vulnerable households/displaced persons may include female-headed households, disable-headed households, indigenous persons/ethnic minority-headed households and Below Poverty Line households

12

13

Sl No

Type of Loss

Application

Entitled Person


Responsible Agency


Livelihood/ source of income

Business owner (s), tenant (s), leaseholder(s), employee(s), agricultural worker(s), hawker(s)/ vendors(s)

(i) 60 days advance notice.(ii) Assistance in finding alternate location. (iii) One time assistance for lost income based on three months

lost income (at replacement cost) or minimum wage rates (whichever is higher).

(iv) Shifting allowance and cost of reestablishing business elsewhere (cost of truck hire, equipment, etc.).

(v) Training allowance in the form of cash equivalent to short term training course.

(vi) Additional compensation for vulnerable households. (vii) Consideration for project employment.



PIU/PMCU



(i) Land-for-land option will be a guaranteed option for vulnerable displaced persons if available. If not available, assistance in finding new land.

(ii) Additional allowance equivalent to Tk10,000/- for loss of land or structure.

(iii) Preference in project employment.


PIU/PMCU


Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in this resettlement framework and with compliance with the Government’s and ADB’s policy.

PIU/PMCU


14

C. Assessment of Compensation Unit Values 33. Land. The land valuation process will consist of two different values – (i) the sale deed record, and (ii) expected price. The PIU will be responsible for providing the recorded rate from the Local Land Registry Office (LLRO) (i.e., the sale deed record). The PIU will consult with willing buyers/sellers of the area to collect the expected price of land. The PIU will then submit the two rates to the valuation committee. Based on these rates the valuation committee will derive a price which will be called as the current market rate. Additionally, the cost for tax and stamp duties etc will be added to the current marker as derived by the valuation committee which will finally be considered as the replacement cost. 34. Private Building and Structure. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The PIU with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. PIU will engage experts form PWD and the experts will carry out on the field assessment of each property and will submit the report to the Deputy Commissioner office. PIU will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. 35. Trees and Crops. The PIU will conduct the survey on unit prices of trees and crops affected by temporary or permanent land acquisition, in consultation with agriculture/horticulture experts. The compensation for crops will be calculated based the current market rate. The PIU will collect data on crops in the project area from the local department of agricultural extension. Subsequently, the unit/market rate for each crop will be determined in consultation with the department of agricultural extension. The unit prices for compensation of different species of fruit trees will be based on the market values of their fruits. For trees producing timber their unit prices will be based on species type, age, and quality. The cost for such trees will be collected after consultation with the divisional forest office. 36. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the displaced person during the survey. The average income in the project area as collected during the census is approximately 6,000 and therefore, the unit cost for one time for each household losing the income is Tk18,000.

VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 37. The basic provision for loss of land has been taken as the cash compensation at market price which is equivalent to replacement cost. Advanced notice (60 days) will be provided for harvesting crops, or if harvesting is not possible, then the farmers will be compensated at replacement cost for such crops. Trees will be compensated at market value. All compensation is to be paid before displacement occurs. The land owners losing a small piece of land will not require any relocation as they will not be physically displaced nor they will be severely affected. The PIU will attempt to find suitable alternative locations for hawkers including creating potential formal market spaces where feasible. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation

15

for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. The PIU will compensate non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. The preliminary number of displaced hawkers is quite minimal (only 11) in the subproject area and the consultation with these hawkers and vendors revealed that they will be willing to shift on their own provided they get some compensation. To help the hawkers losing structures in getting entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and Resettlement Support Staff will assist displaced persons during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the displaced persons, the PIU Resettlement Support Staff will fix the shifting dates agreed with the displaced persons in writing and the arrangements desired by the displaced persons with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the displaced persons in finding alternative site within the area if so desired by the displaced persons. B. Income and Livelihood Rehabilitation 38. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following:

(i) Compensation for land, structures, crops, fruit bearing trees, and all other lost assets is paid in full before displacement occurs;

(ii) Assistance in finding replacement land or alternate location for continuation of livelihood/living arrangements;



(v) 60 days’ advance notice to shift business or harvest standing seasonal crops (if harvest is not possible, compensation for share of standing crops at market rates);

(vi) One time assistance for lost income based on three months lost income (at replacement cost) or minimum wage rates (whichever is higher);




continuation of business after construction is completed. 39. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s).

16

40. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing displaced person losing income or livelihood. 41. During the construction stage the displaced persons, especially vulnerable displaced persons, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the displaced persons employable, the PIU will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the displaced persons.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 42. The resettlement cost estimate for the Gazipur subproject (Table 10) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. The Government will be responsible for releasing the funds for resettlement in a timely manner. The total resettlement cost for the subproject is Tk17.15 million. The cost items are outlined below:

(i) Compensation for land; (ii) Compensation for trees (fruit bearing and timber trees); (iii) Compensation for structures (hawkers/vendors) and other immovable assets at

their replacement cost; (iv) Assistance for stamp duty etc for legal titleholders for land acquisition; (v) Assistance in lieu of the loss of income and livelihood; (vi) Assistance for shifting of the structures; (vii) Training allowance; and (viii) Special assistance to vulnerable groups for their livelihood restoration.

Table 10: Resettlement Budget Sl. No.

Item Unit Rate Quantity Amount (Tk)

A Compensation A-1 Land sq.m. 23,225 425 9,870,625A-2 Compensation for Fruit bearing Trees Numbers 20,000 11 220,000A-3 Compensation for Non-fruit bearing

Trees Numbers 15,000 7 105,000

A-4 Compensation for Temporary Structure Numbers 7,500 11 82,500 Sub Total (A) 10,278,125B. Assistance B-1 Shifting Assistance Numbers 5,000 11 55,000B-2 Training Assistance Numbers 12,000 16 192,000B-3 Loss of Income Numbers 18,000 16 288,000B-4 Assistance to Vulnerable Households Numbers 10,000 13 130,000B-5 Assistance for Documentation (Stamp

Duty) for titleholders Numbers 10,000 5 50,000

Sub Total (B) 715,000C RP Implementation Support Cost C-1 Hiring of Resettlement Support Staff at

DCC/PIU Person Month

100,000 36 3,600,000

17

Sl. No.


C-2 Administrative Cost Lump Sum 1,000,000 Subtotal C 4,600,000

Total (A+B+C) 15,593,125 Contingency (10%) 1,559,313

GRAND TOTAL 17,152,438 GRAND TOTAL (Million Tk) 17.15

GRAND TOTAL (Million USD) 0.24 A. Project Management Coordination Unit

43. The LGED will be the executing agency responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of the Government, and one Resettlement Surveyor responsible for overseeing PIU preparation of the Resettlement Plan for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 44. The subproject will be managed and implemented through the PIU based in Gazipur Pourashava. The PIU will be responsible for carrying out the detailed design of the subprojects and updating Resettlement Plans for the sample subprojects and prepare new Resettlement Plans for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 45. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of involuntary resettlement impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team’s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis.

C. Management, Design and Supervision Consultants 46. The MDSC will hire one International Resettlement Specialist (IRS) and one National Resettlement Specialist (NRS). They will be responsible for updating/finalizing the Resettlement Plans of sample subprojects in accordance with this Resettlement Framework and based on the

18

detailed engineering design. These specialists will also prepare new Resettlement Plans for future subprojects under the sector approach consistent with this Resettlement Framework. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the Resettlement Plan. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. The Terms of Reference (TORs) along with the specific tasks are attached in Appendix 5. Further details on agencies responsible for RP activities are in Table 11 and the organization chart for Resettlement Plan implementation is depicted in Figure 2.

Table 11: Institutional Roles and Responsibilities Activity Responsible Agency A. Subproject Initiation Stage and Institutional Setup Formation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by issuing Public Notice.

PIU/PMCU

Meetings at community/household level with displaced persons. PIU Capacity Building training. MDSC/IRS B. Resettlement Plan Preparation/Updating Stage Resettlement screening and categorization form and submission to ADB for each subproject.

PIU/PMCU

ADB to confirm resettlement categorization. ADB Census of 100% displaced persons and socioeconomic survey. PIU/PMCU Screening of vulnerable displaced persons. PIU/PMCU Survey on unit prices for computing replacement costs. PIU/PMCU Calculation of compensation and entitlements.. PIU/PMCU Update of sample subproject Resettlement Plans and preparing new Resettlement Plans in accordance with Resettlement Framework.

PIU/PMCU


PIU/PMCU


PIU/PMCU

Incorporate all comments and suggestions to Resettlement Plans. PIU/PMCU Web disclosure ADB/PMCU C. Resettlement Plan Implementation Stage Issuance of identification cards to displaced persons PIU/PMCU Detailed schedule for compensation PIU/PMCU Distribution of relocation notices to displaced persons PIU/PMCU Award of checks for land compensation PIU/PMCU Award of checks for other compensation and assistance/rehabilitation PIU/PMCU Confirm with ADB in writing when payment of entitled compensation to displaced persons has been completed. Permission to contractor to begin works once compensation to displaced persons is confirmed (note: other income rehabilitation to continue after civil works commence).

PMCU/PIU


PIU/PMCU

Demolishing/ relocation of affected structures/assets PIU/PMCU

19

LGED ADB

PMCU 1 Resettlement



DISPLACED PERSONS



Activity Responsible Agency Income restoration program and training PIU/PMCU Grievances redress mechanism PIU/PMCU/GRC Internal monitoring PIU/PMCU Review of Resettlement Plan implementation by external expert through a compliance report for projects with significant impacts

External Expert




X. IMPLEMENTATION SCHEDULE

47. Land acquisition, compensation and relocation of displaced persons cannot commence until the Resettlement Plan has been cleared by ADB. All entitlements are to be paid prior to displacement. Written confirmation is required by the PMCU to ADB stating that all compensation has been paid to displaced persons. Only then can construction works begin on sections where compensation has been paid. The project will be implemented over six years (January 2011 to December 2016). The implementation of the Resettlement Plan will include: (i) identification of cut-off date and notification; (ii) verification of losses and extent of impacts; (iii) finalization of entitlements and distribution of identity cards; (iv) consultations with displaced persons on their needs and priorities; and (v) resettlement, provision of compensation and assistance, and income restoration for displaced persons. The expected implementation schedule for a subproject is given in Table 12.

20


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Establishment of PMCU and PIU. Appointment of safeguards staff in PMCU and PIUs.
















21

XI. MONITORING AND REPORTING 48. The extent of monitoring activities will be commensurate with the project’s risks and impacts. Monthly monitoring reports to be submitted by PIU to PMCU. PMCU to consolidate monthly reports into quarterly monitoring reports to ADB. These reports should form a part of the project progress reports submitted by PMCU to ADB. 49. The objectives of monitoring are to (i) ensure that the standard of living of displaced persons are restored or improved; (ii) ascertain whether activities are progressing as per schedule and the timelines are being met; (iii) assess if compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly to mitigate problems. The above information will be collected by executing and implementing agencies through its PMCU and respective PIU which is responsible for monitoring the day-to-day resettlement activities of the project through the following instruments:


50. Internal Monitoring. The internal monitoring by PMCU/PIU will include (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; and (ii) socio-economic monitoring during and after the relocation process to ensure that people are settled and recovering. This will utilize the baseline information established by the socio-economic survey of displaced persons undertaken during subproject preparation; and (iii) overall monitoring whether recovery has taken place successfully and on time. Monitoring will also include the following:





completed. (iii) Grievance redress procedures in-place and functionality. (iv) Compensation payments disbursed.

22

(v) Relocation of displaced persons completed. (vi) Project employment provided to displaced persons. (vii) Infrastructure rehabilitated or constructed. (viii) Income restoration activities initiated. (ix) Skills training of displaced persons initiated. (x) Number of households displaced and resettled. (xi) Monitoring and evaluation reports submitted.

Appendix 1 23

CENSUS QUESTIONNAIRE FOR PERMANENT LAND ACQUISITION AND RESETTLEMENT



10. Plot No. ------------------------.

11. Ownership of the Land

1. Private 2. Government 3. Religious 4. Community 5. Khas

6. Others

12. Legal Status of Land/Owner

1. Legal/Title Holder 2. Encroacher 3. Squatter

13. Type of Land

1. Agricultural 2. Residential 3. Commercial 4. Fallow 5. Forest

14. Total Area of the Land/ Plot (Incase a portion of the land/ plot to be acquired/affected) (in Bigha) ...........................

15. Area to be Acquired / Affected Land (in Katha) ......................

16. Total Land you possess (Total possession: affected + unaffected) (in Katha)

Total.........................

17. Rate of the Land (Per Katha)

24 Appendix 1

1. Market Rate (Tk./Rs.)...............……2. Government Rate (Tk.)..............................

18. Name of the Land Holder .................................................

19. Father’s Name .......................................................

20. Any of the following person associated with the Land

A. Agricultural Labour 1. Yes 2. No

B. Tenant 1. Yes 2. No

C. Share-Croppers 1. Yes 2. No

D. Lease Holder 1. Yes 2. No


A. Agricultural Labour……………………..

B. Tenant…………………………………….

C. Share-Croppers …………………………

D. Lease Holder……………………………

22. Number of trees within the affected area

1. Total………………2. Fruit Bearing………3. Non-fruit Bearing…………

3. Timber…………………….

23. Any Building/structure in the Affected Land 1. Yes........ 2. No..........


1 House 2 Boundary Walls/Fences 3 Residential-cum Commercial 4 Industry 5 Shops 6 Hotel/Restaurant 7 Small Eatery 8 Kiosks and Vendors 9 Mobile Vendors 10 Farm house 11 Gas Station 12 Private Clinic 13 Workshops 14 Govt. Offices 15 School / College 16 Hand pump 17 Hospitals 18 Water /Gas Pipe Line 19 Bus Stop 20 Transmission Lines 21 Mosque 22 Church 23 Mazar 24 Cemetery 25 Temple 26 Community centre 27 Cattle shed 28 Storage 29 Others

Appendix 1 25

25. Total area of the structure (in Square Meter) …………………..



1. Temporary 2. Semi-Permanent 3. Permanent





30. Is the house/structure have the following?

A. Tenant 1. Yes 2. No

B. Employee in Commercial Structure 1. Yes 2. No


A. Tenant……………………..

B. Employee…………………

32. Is the building/structure constructed by Tenant? 1. Yes 2. No

33. How much monthly rent you pay?...................................................



26 Appendix 1

36. Number of family members above 18 years

Total………… Male …… Female……….


1. Yes 2. No


1. Yes 2. No.

39. Main Occupation of the Head of the Household (Main Source of Income)

1. Agriculture 2. Commercial /business 3. Service Holder. 4. Others (Specify)……





1. Land for land loss

2. Cash for Land loss

3. House/Shop for House/ Shop loss

4. Cash for House/ Shop loss




3. Assistance/ Loan from other ongoing development scheme

4. Training for Vocational activities

5. Others (specify .......................................................... )


1. Yes 2. No.


Appendix 1 27

DETAILS OF THE AFFECTED PEOPLE

Sl. No Name of the Family Member Age Sex Occupation Marital status Education

In Years

1. Male 2. Female

1. Service 2. Business 3. Agriculture 4. Study 5. Housewife 6. Labour 7. Unemployed 8. Professional 9. NA

1. Married 2. unmarried 3. Widow 4.Widower 5. Others 6. NA

1.Illiterate 2.Literate 3.Up to Secondary 4.Higher Secondary 5.Graduate 6.Masters 7.Ph-D 8. NA

Appendix 2 28




10. Property No. ------------------------



13. Name of the Owner .................................................

14. Father’s Name .......................................................







Appendix 2 29







1. Yes 2. No


1. Yes 2. No.











5. Others (specify .......................................................... )


1. Yes 2. No.


Appendix 3 30

DETAILS OF PUBLIC CONSULTATION AND FOCUS GROUP DISCUSSIONS

Date of Consultations: 22.06.2010 Number of Consultations: 03 numbers Place of Consultations: Gazipur: Laksmipur Mazir Khola, Sashan and Jore pokor per Number of Participants: 15

Q. No. Issues Raised Participants’ Opinion, Comments and Suggestions 1 Have you heard about CRDP

(City Region Development Project)?

Most of the participants are aware about the project activities especially production well, public toilet and pipe water supply for the community. Most of the participants have welcomed CRDP project because they think these are essential for the community.

2 If yes, where from Many of the participants admitted that they heard about the project from councilors of Pourashava responsible for the specific ward of the Union.


Most of the participants think that water and sanitation program is very essential for this area. Many of the houses have no or very few water supply connection and in most of the cases houses do not have access of safe water. On the other hand Gazipur area is getting crowded day by day due to the increasing number of industries and workforce. Therefore all the project components are very significant for the locality.


According to the participant’s, water supply at household level and public toilets in market are for people of the locality is very much essential. The whole population of this locality fell the need and benefits of the project.


No such critical issue was reported by the participants except their worry about forceful evacuations of vendors during the construction time. The want fair compensation for people losing their land or structures to the project.


Public toilet should be in a crowded place and close to the market area. The construction works should be done by the local authority.


There is some employment potential there. Some working people will be benefited.

8 Ethnic Minorities /Indigenous peoples composition (If there are Indigenous People, please mention about the names of the indigenous people and number of households)

No indigenous people are residing in the project area and the census survey also did not identify any such community.


There is about 28 industries the units, hundreds of shop in different types in the town.

10 Is the area electrified Yes, the entire area is electrified but there are some roads without electric light.


Tube-wells and some pipelines drinking water sources of the community of Paurashava. Most of the supply water systems are not operating successfully. Installation of each tube-well charged Tk50-60,000 and poor people of the community do not have ability of installation such kind of tube well.

Appendix 3 31

Q. No. Issues Raised Participants’ Opinion, Comments and Suggestions 12 Loss of residential/commercial

structures, if any due to the project

There will be no permanent loss of land or structures/buildings due to the project except few temporary impacts on hawkers and vendors.


There will be no loss of community life or market place as such except few squatters who need to be sifted.


Being an urban community, majority of people working as businessmen, shop owner, service holders. Poor sections of people belong to only laborers mostly migrated from countryside.


About 80% of people are educated in Gazipur. Many educated people from this area as well as other district are also working in government and autonomous institutions (Bank, training centre, NGO) in Gazipur. Migrant labors of the industries are less educated. Almost all families send their children to school including the low income group.


A large number of people are employed in formal and informal service/ activities. There is very few unemployed persons are in town. Increasing number of institutions and industries has created excellent working scopes for male female both in Gazipur.


Yes, the area has highly significant for migration as a large number of people migrated to this area to find work. Besides, there is also tendency of out migration is identified. Few members of some house have gone to Italy, South Africa other countries and their families are depending on the remittance.


People are not fully satisfied with service being provided by the Pauroshava. Gazipur needs development of road, street electricity and water supply for its growing population

19 Do you face any problem regarding the exiting water supply/solid waste management/river port/Drainage/Traffic system?

Yes, water supply is one of the major problems in Gazipur; the existing water supply is not providing enough water to the people. Besides some public toilets are also needed immediately for the increasing number of the population.


Yes, very much necessary.


No, there is a plenty of area is available which is belongs to government land.


In broader aspect no negative impact will come through this project, only for few temporary settlements will be affected which has already been taken under consideration.


There are little temporary structures which need to be shifted. However, some help in the form of compensation and assistance will be desirable and people will be able to shift voluntarily if they get compensation.


They will find another government land for shifting and want compensation for shifting.

32 Appendix 3

Q. No. Issues Raised Participants’ Opinion, Comments and Suggestions 25 If requested to shift, would you

like to return here? It is up to the Pourashava. These shops are mostly squatters and occupying the government land. But majority of them still want to shift government land because they have no other option and land is available too.


Yes, it is within one and half kilometer area.


Temporary loss of the business only.


Cash Compensation for the vendors and squatters and if possible then license for reopening their business. The Pourashava may issue license to the affected squatters.


Safe water at home and public toilet in the market and crowded locations.


Yes, cooperation from the local people will be there during the project implementation provided people’s views are taken in to consideration by the Pourashava.


Yes, local people should be informed


Yes, it is very important to have consultation with the community before the implementation. Both formal and informal consultation is desired through the help of ward councilor.


No


No


Only the water body where public toilet site was proposed would create health problem if proper safety measures are not taken.


3-4 private lands (30’*30’) for proposed pump hose will be taken under Land acquisition program followed by ADB resettlement frame work.


No


One hospital and few private hospitals are in Gazipur, but people prefer to go to the doctors/hospitals at Dhaka. The most prevalent disease is diarrhea and fever during the rainy season. People are aware about the HIV/AIDS

Appendix 3 33

Q. No. Issues Raised Participants’ Opinion, Comments and Suggestions 39 Will the project siting adversely

change migration pattern of animals that would destroy fields, habitats

No




Yes


Women in the area are engaged in both primary and secondary sectors including agriculture, employed in government and private industries.


Decisions at family level are taken as sharing basis especially in better off or middle income group.

44 How safe do you regard the mobility of women in neighborhood / village

Women of the community are not safe in all location. Some participants said the area close to Pourashava are safer than the isolated area.


Yes, Most of the women of the community travel freely specifically in day time.


Women of poor family often fetch water from the neighboring household and road side water point. In summer most of the shallow tube wells run out of water and community share other’s water sources.


Yes, most of the people have their own toilet. Some people have ring latrine or sharing latrine with community.


Yes, there are some street lights, however, these are not enough, in the industrial area where women work and move frequently need more street lights for their safety.


No


The consultation is very useful because, with this consultation the exact situation of us (local people) came in light and it gives us freedom to speak our opinion on the coming project and also we think government will consider our views and take proper steps in this regard.

ADB = Asian Development Bank, CBO = community-based organization, CRDP = City Region Development Project, NGO = nongovernment organization, STP = sewage treatment plant.

34 Appendix 3

LIST OF PARTICIPANTS S.No. Name Occupation Sex (M/F) Age (Years)

1 Sabina Housewife F 35

2 Noman,

Student M 18

3 Akhter Hossain

Business M 40

4 Selim Gazi Service M 40

5 Afaj Uddin Business M 40

6 Najmul Hasan Student M 18

7 Iqbal Hossain Student M 17

8 Md. Zobaer Business M 22

9 Shajahan Mir Business M 45

10 Samsuddin Pathan Pump Operator M 50

11 Mubarak Service M 37

12 Abdur Rashid Mollah Business M 50

13 Kajuli Begam Housewife F 50

14 Rahela Housewife F 30

15 Babul Halder Service M 38

35 Appendix 4

FUTURE CONSULTATION AND DISCLOSURE ROLES AND RESPONSIBILITIES

Project Phase Activities Details Responsible Agency



-Leaflets containing information on the Project and subproject area to be prepared) -Public notice issued in public places including newspapers and direct consultation with displaced persons

PIU(Gazipur Pourashava)/PMCU (LGED)



-Further consultations with DPs/DPs and households, titled and non-titled. -Summary Resettlement Framework made available to all displaced persons at the convenient place which is easily accessible and should be in local language (Bengali)



Resettlement Plans disclosed to all displaced persons in local language (Bengali)









ADB = Asian Development Bank, LGED = Local Government Engineering Department, PIU = Project Implementation Unit, PMCU= Project Management Cordination Unit.

Appendix 5 36



Pre Construction Activities and R&R Activities 1 Assessment of Resettlement impacts due to changes in



3 Approval of updated Resettlement Plan from ADB 4 Disclosure of updated Resettlement Plan 5 Establishment of Grievance Redress Committee 6 Capacity building of PIU Verification of displaced persons Census list; assessment




2 Disbursement of assistance to title holders 3 Disbursement of assistance to non-title holders 4 Disbursement of special assistance to vulnerable groups 5 Replacement/ shifting of community property resources 6 Reinstallation of public utilities 7 Records of Grievance Redress 8 Temporary Relocation of Hawkers and Vendors 9 Income Restoration Measures through training Social Measures during Construction as per Contract Provisions 1 Prohibition of employment or use of children as labour 2 Prohibition of Forced or Compulsory Labour 3 Ensure equal pay for equal work to both men and women 4 Implementation of all statutory provisions on labour like





BAN: City Region Development Project—Narayanganj Solid Waste Management Subproject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank ARIPO — Acquisition and Requisition of Immovable Property Ordinance CRDP — City Road Development Project DOE — Department of Environment GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IRS — International Resettlement Specialist LGED — Local Government Engineering Department MDSC — Management, Design and Supervision Consultant NRS — National Resettlement Specialist PMCU — Project Management Coordination Unit PIU — Project Implementation Unit ROW — right of way RSS — Resettlement Support Staff SPS — Safeguard Policy Statement SWM — solid waste management

TABLE OF CONTENTS

EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Components 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2 III. SOCIOECONOMIC INFORMATION AND PROFILE 3 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 5 A. Public Consultation 5 B. Information Disclosure 7 C. Continued Consultation and Participation 7 V. GRIEVANCE REDRESS MECHANISMS 8 VI. LEGAL FRAMEWORK 9 VII. ENTITLEMENTS, ASSISTANCE, AND BENEFITS 10 A. Eligibility 10 B. Entitlements 10 C. Assessment of Compensation Unit Values 12 VIII. INCOME RESTORATION AND REHABILITATION 12 A. Basic Provision for Relocation 12 B. Income and Livelihood Rehabilitiation 12 IX. RESETTLEMENT BUDGET AND FINANCING PLAN 13 X. INSTITUTIONAL ARRANGEMENTS 14 A. Project Management Coordination Unit 14 B. Project Implementation Unit 14 C. Management, Design and Supervision Consultants 15 XI. IMPLEMENTATION SCHEDULE 16 XII. MONITORING AND REPORTING 17 Appendixes 1. Details on Land Acquisition and Resettlement (Components Wise) 19 2. Census Questionnaire: Inventory of Temporary Loss 20 3. Summary of Consultations and FGDs 22

EXECUTIVE SUMMARY 1. The City Region Development Project (CRDP, the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a six-year period (January 2011 to December 2016). This document is a draft Resettlement Plan prepared for the Narayanganj Solid Waste Management subproject. It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The Resettlement Plan is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework adopted for CRDP. It is classified as Category B according to ADB’s SPS as minimal land acquisition and resettlement is required for this subproject. 2. The Narayanganj subproject consists of two components namely (i) eight solid waste transfer stations (50X30 square feet each), and (ii) one sanitary landfill site (2 acres). Design measures were adopted to minimize involuntary resettlement taking into consideration available Right of Way (ROW) for transfer stations and available government land for the landfill site. 3. Summary of Resettlement Impacts. The subproject will affect 17 households who are considered to be temporarily displaced and are taken as economically displaced households. These are hawkers and vendors operating small shops on government land. The structures are temporary in nature. Of the 17 displaced households, 11 are considered vulnerable (e.g., one woman-headed, and 10 below the poverty line). Vulnerable households are entitled to additional assistance under this resettlement plan. 4. Public Consultations. Consultations were carried out during Resettlement Plan preparation and will continue throughout the subproject cycle. A grievance redress mechanism (GRM) will be made available as explained in this Resettlement Plan. 5. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Narayanganj Pourashava with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at the Local Government Engineering Department (LGED) Headquarters in Dhaka. The detailed design, preparation and implementation of the capital investments will be supported by (i) consultancy support (both international and national); and (ii) technical support from LGED. The PIU will implement the Resettlement Plan with support from the PMCU and consultants. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per the entitlement matrix within this Resettlement Plan. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for resettlement in a timely manner. 6. Resettlement Plan Implementation and Monitoring. All compensation is to be paid prior to displacement however, ongoing income rehabilitation activities will continue after construction begins. Written confirmation of full compensation to displaced persons must be made to ADB prior to commencement of civil works in sections ready for construction. The estimated total period of the implementation of the Resettlement Plan is 13 months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will consolidate monthly reports into semi-annual monitoring reports or as part of the regular project reporting and will submit to ADB.

I. PROJECT DESCRIPTION A. Overview 1. The City Region Development Project (CRDP, the Project) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments, and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around ‘integrated area planning’ principles which enhance economic activity in the regional context and provide opportunities for investment. The primary purpose of the Narayanganj subproject is to improve public health and the urban environment through integrated solid waste management (SWM). The proposed subproject is to ensure that the collection and disposal of solid waste is sustainable, protects public health, and results in improved environmental conditions and practices. This is a Resettlement Plan to address involuntary resettlement impacts to affected persons in the subproject area. B. Subproject Components 2. The Narayanganj subproject consists of two components namely (i) eight solid waste transfer stations (50X30 square feet each), and (ii) one sanitary landfill site (2 acres). Design measures were adopted to minimize involuntary resettlement taking into consideration available ROW for transfer stations and available government land for the landfill site. Further explanation of the subproject design is provided below.

1. Primary Collection 3. House-to-house primary collection will be implemented in Narayanganj Pourashava, geared towards collecting up to 55 tons of domestic waste per day from all households, using a simple segregation at source approach. Private sector operators, licensed by the Pourashava will collect waste from houses using tricycle vans. An additional 150 vans would be required to cover the solid waste generated in Narayanganj. The household service will be extended to the whole of Pourashava including the markets and other commercial and community facilities. No involuntary resettlement impacts are expected from primary collection activities.

2. Solid Waste Transfer Stations

4. Primary collectors will bring segregated solid waste to eight transfer stations where the waste will be transferred from the tricycles vans to conventional trucks, after which the trucks will transfer the waste to the proposed sanitary landfill site. This will provide the means to achieve the transfer efficiently and without significant environmental impact. Each transfer station will require a dedicated land area of around 50X30 square feet (size of transfer station will depend on site specific dimensions which is to be decided at detailed design). As the sites are within government owned land, no land acquisition is required. However, involuntary resettlement impacts will include impacts to hawkers/street vendors.

2

3. Sanitary Landfill 5. During Phase 1 of this subproject (this Resettlement Plan addresses Phase 1 only)1 the subproject will rehabilitate the existing dump site in Narayanganj into a sanitary landfill site and resource recovery facility (e.g., composting), therefore providing significant environmental and economic benefits to the community. The dumpsite for Narayanganj Pourashava, known as Ponchoboti, is located nearly 2.5 km from the town centre. The existing area is 2 acres. It is estimated that Narayanganj Pourashava is generating 55 tons of waste/day, where 48 tons of waste is organic. As per the estimate, about 4 tons will be filled every day, such that the landfill site can be used for up to 1,663 days or around 4.5 years at existing use rates. By this time, Phase 2 of the project will be implemented. As the location of the landfill site is government owned, no land acquisition is required, however, there are some hawkers operating small shops on the edge of the property which will require relocation.


6. There will be 17 total households affected by the project (8 at the transfer stations, and 7 at the landfill site), all of them being hawkers operating small shops on government land on a temporary basis.2 These small shops/kiosks are within temporary structures (e.g., bamboo sheds, small wooden or small tin shed structures). There is no land acquisition required for this subproject and its components. The land requirements for the landfill and transfer stations are minimal and hence limited impacts will occur. Specific design measures have been adopted to minimize involuntary resettlement by taking in to consideration existing available government land for the proposed landfill site. The impacts are limited to temporary economic displacement and relocation of hawkers. A summary of resettlement impacts are described Table 1. A detailed description of each proposed transfer station location and the landfill site along with its resettlement impacts are given in Appendix 1.

Table 1: Summary of Land Acquisition and Resettlement Impacts Sl No


Land Acquisition Involuntary Resettlement Remarks

1 Primary Collection

Not required None This does not require any physical construction.

2 Solid Waste Transfer Stations (8 Nos)

Not required Temporary Impacts to 8 hawkers/vendors/squatters

Out of the proposed 8 transfer stations only 2 stations have hawkers who are operating small shops.

3 Landfill at Narayanganj

Not required Temporary Impacts to 9 hawkers

The land belongs to the government/pourashava. These 9 hawkers are squatters and they run their small temporary shops on government land.

1 Phase 2 will develop a regional landfill site which is to include Narayanganj and other surrounding Pourashavas

who are actively searching for land to implement Phase 2. This plan will serve the longer term needs of the pourashavas. A separate Resettlement Plan will be prepared for Phase 2 when it is ready.

2 As the Resettlement Plan will be updated at the detailed design stage, and the hawkers defined at the time of the census survey (the cut off date for receiving entitlements) the number of hawkers may be subject to change.

3

III. SOCIOECONOMIC INFORMATION AND PROFILE 7. Structured census survey questionnaires (Appendix 2) were used to collect detailed information on the impact of temporary impacts hawkers and vendors in the subproject area who are considered economically displaced. The survey was conducted in June 2010.3 8. Street Hawkers and Vendors. The subproject will impact street 17 households who are considered hawkers and vendors operating on government land. These structures are temporary in nature. The socioeconomic findings of the census are described below. 9. The socioeconomic profile of the displaced persons is homogenous nature. In addition to the inventory of assets the census survey recorded basic demographic data. These households are mostly engaged in small-scale business activities such as small shops, eatery, beetle shops, shoe maker and small repair shop. None of the households belong to Indigenous People or ethnic minority group as most of the displaced persons are Muslims. The major source of income of these vendors and hawkers households are the small business activities. The census survey revealed that some of the displaced persons have incomes below the poverty line are therefore considered vulnerable. 10. Average Monthly Income of displaced persons. The average income of the displaced households varies from each other. A majority of the households (7 displaced households) earn average monthly income in the range of Tk5,000 to 10,000. Around 11 displaced households reported that their income level per month between Tk11,000 to 15,000. Details are given in Table 2.

Table 2: Average Monthly Income of the Displaced Households Sl. No. Monthly Income (Tk) Number of Households % Age

1 Less than Tk3,000 1 6.25 2 Tk3001 to Tk5,000 2 12.50 3 Tk5,001 to Tk7,000 7 43.75 4 Tk7,001 to Tk9,000 0 0.00 5 Tk9,001 to Tk11,000 1 6.25 6 Tk11,001 to Tk15,000 5 31.25 7 Tk15,001 to Tk20,000 0 0.00 8 Above Tk20,000 0 0.00 9 Total 16 100.00

Average Monthly Income: Tk8,500 [Minimum 3000, Maximum Tk15,000]. Source: Census Survey, June 2010. 11. Vulnerable Households. Vulnerable households are defined as (i) women-headed displaced households, and (ii) physically handicapped displaced household and displaced households below poverty line.4 The total numbers of vulnerable displaced households are 11


monitored on a regular basis. The census survey included various aspects including (i) assessment of land including quantity and typology (ii) Inventory of physical assets; (iii) potential income loss; (iv) impact on trees; (v) household characteristics, including social, economic and demographic profile; and (vi) temporary impacts on the hawkers’ business activities.

4 Below Poverty line has been calculated on the basis of general formula which is $1 per day per person. The average family size in the subproject area is 4.5 and the $1= Tk72. Therefore, the threshold for poverty line has been considered as Tk9,720 income per month per household.

4

out of which 1 displaced household is women headed and 10 displaced households fall below the poverty line. Details are given in Table 3.

Table 3: Vulnerable Households Sl. No. Vulnerable Displaced Households Numbers

1 Women Headed Households 1 2 Below Poverty Line Households 10 Total 11

Source: Census Survey, June 2010. 12. Structures. The use of the hawker’s structures is mostly for the road side small business activities. As per the census survey, 8 of the structures are of small shops, followed by 5 small eatery/tea stall shops, 2 kiosk, 1 shoe maker and one repair shop. Details are given in Table 4.

Table 4: Types of Hawkers Sl. No.

Type of Properties/Structures

Number of Properties and Households

Percentage

1 Shops 8 47.06 2 Kiosks and Vendors 2 11.76 3 Mobile Vendors 0 0.00

4 Small Eatery/Teas Stall 5 29.41 5 Shoe maker 1 5.88 6 Repair Shop 1 5.88


13. The type of structures is classified based on the type of construction material, their usability and the age of the structure. All the structures are temporary meaning they do not have a permanent foundation and are characterized as having bamboo pillars, tripol/plastic/thatched structures covering small areas. Therefore, these can be easily shifted to another place without much disruption.

14. It was found that 10 structures were reported to be 1 year old, 5 structures between 1 and 5 years old and 2 structures between 5 to 10 years of old. Details on the age of structures are given in Table 5.

Table 5: Age of the Structures/Properties

Sl. No.

Particulars Number of Properties and

Households Percentage

1 Below and up to 1year 10 58.822 Between 1 year to 5 year 5 29.413 Between 5 year to 10 year 2 11.76


15. A majority of the structures are made of iron sheet. Details on the type of construction of the structures are given in Table 6.

5

Table 6: Type of Construction Structure-Roof

Sl. No. Particulars Number of Properties Percentage 1 Simple (thatch/sack/bamboo/slats) 6 35.292 Corrugated Iron sheet 11 64.71 Total 17 100.00

Source: Census Survey, June 2010.

16. The average market price as viewed by the displaced persons for the structures is up to Tk15,000. Details are given in Table 7.

Table 7: Average Market Price of the Structure

Sl. No. Average Market Price (Tk) Number of Properties

and Households % Age

1 Up to 5,000 9 52.94

2 5,000 to 10,000 5 29.413 10,000 to 15000 3 17.65

4 Above 15,000 0 0.00Total 17 100.00

Source: Census Survey, June 2010.

17. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. Joint ownership in the name of husband and wife will be offered in case of non-female headed households where the asset was acquired during their marriage.

IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

A. Public Consultation 18. During subproject preparation, consultations were held with the official representatives of the Narayanganj Pourashava, apart from the communities in the subproject area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Narayanganj Pourashava area. These consultations (Table 8) provided an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the displaced persons and the summary of these consultations is given in Appendix 3.

Table 8: Consultations with Stakeholders


participantsParticipants Issues Discussed

Incorporation into Resettlement Plan

and Project Design

A Narayanganj 12th May 2010

8 Executive engineer, Narayanganj Pourashava, and other staff of Pourashava.

Assessment of the environment and social safeguard capacities of the Pourashava, understanding of the externally funded projects

Capacity building program, for training on safeguards aspects to the Pourashava engineers, as part of the project and proper institutional

6




and Project Design

implemented till date, key issues pertaining to environmental and social management especially the land acquisition and resettlement and the temporary relocation of the illegal vendors and squatters.

mechanism developed to implement the Resettlement Plan.

B Narayanganj 12th June 2010

12 Communities in the vicinity of the existing solid waste dumping site (Ponchoboti).

Environmental issues due to the ongoing solid waste disposal, including smoke, smell etc. and shifting of the 9 hawkers who have been doing their small business on the government land.

The proposed designs include measures to address the environmental impacts. The measures to address these impacts during the operation of the landfill facility are integrated in the environmental management plan of the Project. Adequate assistance and advance notice to be given to these hawkers and the same provisions have been incorporated in the Resettlement Plan. This has also become an awareness exercise for the people regarding the project.

C Narayanganj 23rd June 2010

15 Mayor, Narayanganj Pourashava, elected representatives, Mayors of 5 adjoining Pourashavas.

Need for the development of a regional landfill site, identification of a suitable site, that can be utilized as a regional landfill site, Need for

A potential land for the regional landfill site identified. Local people have been aware about the fact that they might have to give their land for the development

7




and Project Design

introduction of better waste management practices in all the LGUs.

purpose. Pourashava people have been advised to take advance action on negotiation with land owners and initiate further consultation for smooth acquisition of the required land for the phase-II landfill site.

LGU = Local Government Unit. B. Information Disclosure 19. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to displaced persons. The PIU Resettlement Support staff (RSS) will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the displaced persons. The summary of the Resettlement Plan and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at PIU, local offices and libraries (or other pubic places, and at the LGED office. A copy of the Resettlement Plan will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 20. For continued consultations, the following steps are to be taken:








8



V. GRIEVANCE REDRESS MECHANISMS 22. A grievance redress mechanism (GRM) will be established in Narayanganj soon after project commencement. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the RSS and Project Manager, with assistance from the Resettlement Specialist (National and International-NRS and IRS) of the Management, Design and Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue. 23. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local GRC of the Pourashava, who will, based on review of the grievances, address them in consultation with the RSS of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the Pourashava (GRC Chair); (ii) representative of the head of the Pourashava; (iii) representative of the affected persons; (iv) official of the land registry department; (v) official of the Department of Environment (DOE)’s divisional office; (vi) town planner of the Pourashava; and (vii) Environmental Specialist/RSS of the PIU. The local GRC shall meet twice a month, unless the Project Director informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions. 24. The functions of the local GRC are as follows: (i) provide support to displaced persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) record grievances of displaced persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 25. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives:(i) Project Director PMCU; (ii) Environmental/Resettlement Officer of the PMCU; (iii) representative from Land Ministry; (iv) representative from DOE; (v) representative of the displaced persons; and (vi) Environmental/Social Safeguards officer of the PIU. 26. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental / Resettlement Safeguards Officer of the

9

PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 27. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the displaced person can seek legal redress of the grievance in the appropriate Courts (the fourth level of the GRM). A grievance redress mechanism and procedure is depicted in Figure 1.


DSMC = Design Supervision Management Consultant, GRC = Grievance Redress Committee, GRM = Grievance Redress Mechanism, PMCU = Project Management Coordination Unit, PIU = Project Implementation Unit.

VI. LEGAL FRAMEWORK

28. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government (i.e., ARIPO) and ADB's SPS. A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework. 29. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the Entitlement Matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.

10




11


Type of Loss

Application

Entitled Person


Responsible Agency

1 Loss of structure



Cash compensation equivalent to replacement value of structure (or part of structure) constructed by the displaced person.

Rights to salvage materials from structure. Provision of all taxes, registration costs, and other fees incurred

for replacement structure. Shifting allowance based on actual cost of moving (e.g., truck

hire, equipment, etc.). Additional compensation for vulnerable households. Assistance in finding alternate location.


PIU/PMCU



Business owner (s), tenant (s), leaseholder(s), employee(s), agricultural worker(s), hawker(s)/ vendors(s)

60 days advance notice. Assistance in finding alternate location. One time assistance for lost income based on three months lost







PIU/PMCU







PIU/PMCU



PIU/PMCU


12

C. Assessment of Compensation Unit Values 32. Private Building and Structure. The compensation for structures will be determined on the basis of replacement cost as on date without depreciation. The PIU with assistance from the Public Works Department (PWD) will determine the replacement cost of structures. PIU will engage experts form PWD and the experts will carry out on the field assessment of each property and will submit the report to the Deputy Commissioner’s office. PIU will ensure that the assessment is done keeping in consideration the market price and consultation with the owners by assessing sources, types and cost of materials, usage of the building and the cost related to labor and transportation etc. 33. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the displaced person during the survey.

VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 34. The PIU will attempt to find suitable alternative locations for hawkers including creating potential formal market spaces where feasible. The PIU will provide adequate and appropriate replacement structures or cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. To help hawkers losing structures in getting entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and Resettlement Support Staff will assist displaced persons during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the displaced persons, the PIU Resettlement Support Staff will fix the shifting dates agreed with the displaced persons in writing and the arrangements desired by the displaced persons with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the displaced persons in finding alternative site within the area if so desired by the displaced persons. B. Income and Livelihood Rehabilitation 35. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following:

(i) Compensation for structure paid in full before displacement occurs; (ii) Assistance in finding alternate location for continuation of livelihood/living

arrangements; (iii) Where provision of alternative sites is not feasible (for temporary impacts),

compensation of lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher);



replacement cost) or minimum wage rates (whichever is higher);

13




continuation of business after construction is completed. 36. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s). 37. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing displaced person losing income or livelihood. 38. During the construction stage the displaced persons, especially vulnerable displaced persons, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the displaced persons employable, the PIU will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to the displaced persons.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 39. The resettlement cost estimate for the Narayanganj solid waste management subproject (Table 10) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. The Government of Bangladesh will release funds to the PMCU and the PMCU will release funds to the PIU in a timely manner. The PIU in Narayanganj Pourashava will then release funds for resettlement. The total resettlement cost for the subproject is Tk4.22 million. The cost items of this Resettlement Plan are outlined below:

(i) Compensation for structures (hawkers/vendors) and other immovable assets at their replacement cost;

(ii) Assistance in lieu of the loss of income and livelihood; (iii) Assistance for shifting of the structures; (iv) Training allowance; and (v) Special assistance to vulnerable groups for their livelihood restoration.


Sl. No.


A Compensation A-1 Compensation for Temporary Structure Numbers 6.0 17 102,000 Sub Total (A) 102,000 B. Assistance B-1 Shifting Assistance Numbers 5.0 17 85,000 B-2 Training Assistance Numbers 12.0 17 204,000 B-3 Loss of Income Numbers 25.5 17 433,500 B-4 Assistance to Vulnerable Households Numbers 10.0 11 110,000 Sub Total (B) 832,500 C Resettlement Plan Implementation

Support Cost

14

Sl. No.


C-1 Hiring of Resettlement Support Staff at Narayanganj Pourashava/PIU

Person Month 100000 24 2,400,000

C-2 Administrative Cost Lump Sum 500,000 Subtotal C 2,900,000 Total (A+B+C) 3,834,500 Contingency (10%) 383,450 GRAND TOTAL 4,217,950 GRAND TOTAL (Million Tk) 4.22 GRAND TOTAL (Million USD) 0.06

X. INSTITUTIONAL ARRANGEMENTS

A. Project Management Coordination Unit

40. The LGED will be the executing agency responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of the Government, and one Resettlement Surveyor responsible for overseeing PIU preparation of the RP for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 41. The subproject will be managed and implemented through the PIU based in Narayanganj Pourashava. The PIU will be responsible for carrying out the detailed design of the subprojects and updating Resettlement Plans for the sample subprojects and prepare new Resettlement Plans for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 42. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of involuntary resettlement impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team’s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis.

15

C. Management, Design and Supervision Consultants 43. The MDSC will hire one International Resettlement Specialist (IRS) and one National Resettlement Specialist (NRS). They will be responsible for updating/finalizing6 the Resettlement Plans of sample subprojects in accordance with this Resettlement Framework and based on the detailed engineering design. These specialists will also prepare new RPs for future subprojects under the sector approach consistent with this Resettlement Framework. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the Resettlement Plan. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. Further details on agencies responsible for Resettlement Plan activities are in Table 11 and the organization chart for RP implementation is depicted in Figure 2.

Table 11: Institutional Roles and Responsibilities Activity Responsible Agency A. Subproject Initiation Stage and Institutional SetupFormation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by issuing Public Notice.

PIU/PMCU

Meetings at community/household level with displaced persons. PIU Capacity Building training. MDSC/IRS B. RP Preparation/Updating Stage Resettlement screening and categorization form and submission to ADB for each subproject.

PIU/PMCU


PIU/PMCU


PIU/PMCU


PIU/PMCU

Incorporate all comments and suggestions to Resettlement Plans.

PIU/PMCU

Web disclosure ADB/PMCU C. RP Implementation Stage Issuance of identification Cards to displaced persons PIU/PMCU Detailed schedule for compensation PIU/PMCU Distribution of relocation notices to displaced persons PIU/PMCU Award of checks for land compensation PIU/PMCU Award of Checks for other compensation and assistance/ rehabilitation

PIU/PMCU

Confirm with ADB in writing when payment of entitled compensation to displaced persons has been completed. Permission to contractor to begin works once compensation to displaced persons is confirmed (note: other income

PMCU/PIU

6 All resettlement plans are to be updated based on detailed designs.

16

LGED ADB

PMCU 1 Resettlement


PIUResettlement Support staff

DISPLACED PERSONS



Activity Responsible Agency rehabilitation to continue after civil works commence). Notice to proceed for civil works is issued on sections where compensation is paid.

PIU/PMCU


External Expert




XI. IMPLEMENTATION SCHEDULE

44. Land acquisition, compensation and relocation of displaced persons cannot commence until the Resettlement Plan has been cleared by ADB. All entitlements are to be paid prior to displacement. Written confirmation is required by the PMCU to ADB stating that all compensation has been paid to displaced persons. Only then can construction works begin on sections where compensation has been paid. The project will be implemented over six years (January 2011 to December 2016). The implementation of the Resettlement Plan will include: (i) identification of cut-off date and notification; (ii) verification of losses and extent of impacts; (iii) finalization of entitlements and distribution of identity cards; (iv) consultations with displaced persons on their needs and priorities; and (v) resettlement, provision of compensation and assistance, and income restoration for displaced persons. The expected implementation schedule for a subproject is given in Table 12.

17

Table 12: Implementation Schedule Activity Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Establishment of PMCU and PIU. Appointment of safeguards staff in PMCU and PIUs.















ADB = Asian Development Bank, GRC = Grievance Redress Committee, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit. Note: The resettlement plan will be updated based on final detailed design and displaced person census and surveys. Endorsement and disclosure of finalized resettlement plans consistent with the resettlement framework to be undertaken.


45. The extent of monitoring activities will be commensurate with the project’s risks and impacts. Monthly monitoring reports to be submitted by PIU to PMCU. PMCU to consolidate monthly reports into semi-annual monitoring reports to ADB. These reports should form a part of the project progress reports submitted by PMCU to ADB.

18

46. The objectives of monitoring are to (i) ensure that the standard of living of displaced persons are restored or improved; (ii) ascertain whether activities are progressing as per schedule and the timelines are being met; (iii) assess if compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly to mitigate problems. The above information will be collected by executing and implementing agencies through its PMCU and respective PIU which is responsible for monitoring the day-to-day resettlement activities of the project through the following instruments:


47. Internal Monitoring. The internal monitoring by PMCU/PIU will include (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; and (ii) socio-economic monitoring during and after the relocation process to ensure that people are settled and recovering. This will utilize the baseline information established by the socio-economic survey of displaced persons undertaken during subproject preparation; and (iii) overall monitoring whether recovery has taken place successfully and on time. Monitoring will also include the following:






Appendix 1

19

DETAILS ON LAND ACQUISITION AND RESETTLEMENT (COMPONENTS WISE) Sl No


Name of the Mohalla

Name of the Street

Name of the Ward

Ownership of Land

Location of the site Land Acquisition and Resettlement Impacts

Solid Waste Transfer Stations 1 Transfer Stations-01

(Ukilpara Moar) Ukilpara Bangabandhu

Road 5 Pourashava Just Opposite to Digubabu

Market (At Ukilpara Moar) & on the BB Road

Nil

2 Transfer Stations-02 (Gulshan Hall Moar)

Gulshan Hall Moar Bangabandhu Road

8 Pourashava Adjacent to Gulzar Confectionary and on BB road (Gulshan Moar).

Nil

3 Transfer Stations-03 (Press Club Area)

Balur Math Bangabandhu Road

4 Pourashava Just adjacent to Family Planning Office, opposite to Narayanganj Press Club and on BB road.

Nil

4 Transfer Stations-04 (Hokar's Market)

Missionpara Nawab Salimullah Road

4 Pourashava On Nawab Salimullah Road Facing Hoker's Market (Opposite to Central Diagonestic Center)

Nil

5 Transfer Stations-05 (M Circus Moar)

Haziganj Isa Khan Road 2 Pourashava Adjacent to Haziganj Fort [At the intersection of Fort Road and Isa Khan Road]. Near Rocky Textile and Capital Packaging Industry.

Nil

6 Transfer Stations-06 (Khanpur Hospital)

Khanpur Hospital Road 4 Pourashava Opposite to the gate no. 2 of Narayanganj Hospital

Nil

7 Transfer Stations-07 (Jollapur)

Jollarpar Paikpara Road/Shahsuja Road

7 Pourashava Near Pourashava office No permanent land acquisition required. A total of 5 Hawkers will be displaced

8 Transfer Stations-08 (ACI Gate)

ACI Gate ACI Panirkal Road

1 Pourashava Near Water Intake point No permanent land acquisition required. A total of 3 Hawkers will be displaced

Landfill Site 9 Ponchoboti Landfill

Site Sashongaon Enayat Nagar 1 Pourashava Near existing landfill site No permanent land

acquisition required. A total of 9 Hawkers will be displaced

20 Appendix 2




10. Property No. ------------------------



13. Name of the Owner .................................................

14. Father’s Name .......................................................







19. Type of Construction Structure

Appendix 2 21

Sl Nº






1. Yes 2. No


1. Yes 2. No.











5. Others (specify .......................................................... )


1. Yes 2. No.


22 Appendix 3

SUMMARY OF CONSULTATIONS AND FGDs

Date of Consultations: 28-06-2010 Number of Consultations: 03 numbers Place of Consultations: Ponchaboti, Ukil Para (Gulshan Cinema hall) and Jollahar Para Number of Participants: 34


1 Have you heard about CRDP (City Region Development Project)?

Most of the participants have heard about the project but they don’t have any specific information about Solid Waste Management. However many of them are concerned about the waste management of the Market especially whose shop owners who is close to the piles of garbage dumping place.

2 If yes, where from They just have heard from the neighbours and local officials as there has been some discussion on the proposed landfill site etc.


They are very much concerned about the project. Some of the participants think that solid waste management is very important because now most of the waste is throwing in a place exact on the main road sides and there is no proper management of waste disposal


According to the participants, most of the people of this market will be agreed to have an organizing way of waste management. Now all of those waste piles are thrown openly which needs to keep in a covered drum even before it takes to other places, using this place as secondary basis needs to do in proper way. Another few participants even did not like the place where piles of solid waste are thrown. They think this kind of waste should be thrown to an isolated or corner of some area.


The place is congested and the landfill site is proposed to be in the market area. Hence, adequate engineering solution should be adopted by the Pourashava to have a hygienic waste management system including the landfill.


Community people requested for bigger landfill site in the future which should be away from the city


There could be some employment opportunities during the construction of the project such as increase in petty shop business and employment of local labor.

8 Ethnic Minorities /Indigenous peoples composition (If there are Indigenous People, please mention about the names of the IP and number of households)

None of the Indigenous People or ethnic minority population found in the project area.


No industry in the area, there are only shop and some workshop for fixing cycle and rickshaw

10 Is the Area Electrified Yes, the entire area has electrical connection provided by Pauroshava. 11 Source of drinking water

Tube-well and pipe water are the main drinking water sources of the community. In the Paurashava area, but most of the participants said they do not drink Pauroshava water source because the quality of water is not good enough for drinking, it smells very bad. So many of the community people installed deep tube-well for their own use. Installation of each tube-well charged Tk50-60,000. Supply water from Pauroshava is available but due to the bad water quality many people do not like to drink water from the source.


There will be no permanent loss of land or structures/buildings due to the project except few temporary impacts on hawkers and vendors.

Appendix 3 23



There will be no loss of community life or market place as such except few scattered vendors and squatters who need to be sifted.


Almost 80% people are better off or middle type of income earning sources. Most of community people are working as businessmen, Shop owner and worker of different industry and workshop, and some are service holders.


About 75% of community people are educated but have no higher level of education( very few have), Majority children go to school but could not continue higher education instead after finishing primary or secondary education they go for job.


The employment status is poor among the youth. According to the participants, 40% of the people are still unemployed.


Yes, the area has high tendency of migration. Almost each and every house has some migrated member .They have gone to Middle East, Italy and other countries and their families are depending on the remittance.


Most of the people are satisfied service provided by Pauroshava, Especially the Mayor who is very proactive and developed roads and other necessary infrastructures. They also suggested for more services such as adequate street light, public toilet for male female both and solid waste management in a planed way.


Yes, water supply from Pauroshava is not good enough for drinking purpose, Solid waste management is also creating sufficient trouble for the community and many of the community peoples said that Pauroshava should initiate more advanced way of managing the solid waste collection and disposal.


Yes, waste management is very necessary for the community


Yes very much, due to improper solid waste management people of the market community is suffering. The bad waste management has been creating unhygienic situation in the area. Flies and bad smells are spreading all over the area now. They think better waste management will give relief to the people of the community.


This Solid Waste Management project affects community in terms of their health and environment. People who lives or do works close to the dumping place have difficulties to breath. The garbage dumping space is closer to the participants shop owners and they are suffering more than others. Therefore better waste management will bring good result for then as well as the market community.


There are few temporary structure which need to be shifted. However, some help in the form of compensation and assistance will be desirable and people will be able to shift voluntarily if they get compensation.


May be some of them have other place some do not and they will manage somewhere near to existing location where they are working now.


It is up to the pourashava. These shops are mostly vendors and squatters and illegally occupying the government land, therefore, they would like to shift some other nearby stable place.


Yes, it is within half kilometer area.

24 Appendix 3



Temporary loss of the business and some health issues during the shifting of the present garbage.


Cash Compensation for the vendors and squatters and if possible then license for reopening their business. The pourashava may issue license to the affected vendors and squatters.


Solid waste management in appropriate way (dumping in a covered drum would be preferred )


Yes, cooperation from the local people will be there during the project implementation provided peoples vies are taken in to consideration by the pourashava.


Yes, local people should be informed


Yes, it is very important to have or will have consultation with the community before the implementation. Both formal and informal consultation is desired through the help of ward councilor.


No


No


Only temporary in nature during the shifting of the garbage in the landfill and during the construction time.


This is a Narayangang Pauroshava Land and no need for land acquisition. According to the participants, they don’t have any prior experience on land acquisition as their land has never been acquired before.


No


One hospital is close with insufficient service. The most prevalent disease is diarrhea and fever during the rainy season. People are aware about the HIV/AIDS


No




Yes

Appendix 3 25



Women from better income group do not do job; few educated women of the locality work in NGO and Bank. Majority women of the poor income group who live in slum are working in Garments Industry. In the poor section of the community all women are involved in different income generating activities. All the household activities are done by the women.


To some extent they can take some decision, not completely. Decisions at family level are taken as sharing basis especially in better off or middle types of family income group. But in the poor section and the family where women work are more involved in household decision making process.

44 How safe do you regard the mobility of women in neighborhood / village

Women of the community are safe. Many of the women who work outside and go for personal purposes have sufficient safety in the locality. Women mobility is quite safe in the locality.


Yes, Most of the women of the community go freely for any purposes. Women mobility is very high and they can go out for any purposes at day and night time.


People who have access of water at home they do not need to fetch water from outside. But for the women member of the poor family, they fetch water from outsides. Poor people fetch water from some water points and tube well of the other people twice a day.


Yes , most of the people have toilet, poor people have ring latrine or sharing Latrine or community latrine


Yes, there are some street lights, however, these are not enough


Yes, we think proposed for SWM should be very carefully planned without harming the public health or else it should be shifted to some isolated place. Besides, those people who are involved in this waste management work needs proper safeguards as they are currently working very unhygienic way, using their own hands and have no shoes or gloves which is also not good for health.


Yes, very useful, it gives us freedom to speak our opinion on the coming project and also we think government will conceder the situation and take active steps on that. .

CBO = community-based organization, CRDP = City Region Development Project, NGO = nongovernment organization, STP = sewage treatment plant, SWM = solid waste management.



BAN: City Region Development Project—Shakhari Bazaar Urban Renewal Subproject Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank ARIPO — Acquisition and Requisition of Immovable Property Ordinance CRDP — City Road Development Project DCC — Dhaka City Corporation GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IRS — International Resettlement Specialist LGED — Local Government Engineering Department MDSC — Management, Design and Supervision Consultant PMCU — Project Management Coordination Unit PIU — Project Implementation Unit ROW — right of way RSS — Resettlement Support Staff SPS — Safeguard Policy Statement

TABLE OF CONTENTS

EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Description 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 III. SOCIOECONOMIC INFORMATION AND PROFILE 4 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 8 A. Public Consultation 8 B. Information Disclosure 8 C. Continued Consultation and Participation 9 V. GRIEVANCE REDRESS MECHANISMS 10 VI. LEGAL FRAMEWORK 12 VII. ENTITLEMENTS, ASSISTANCE, AND BENEFITS 12



A. Basic Provision for Relocation 14 B. Income and Livelihood Rehabilitation 15

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 16 X. INSTITUTIONAL ARRANGEMENTS 17

A. Project Management Coordination Unit 17 B. Project Implementation Unit 17 C. Management, Design and Supervision Consultants 17

XI. IMPLEMENTATION SCHEDULE 19 XII. MONITORING AND REPORTING 21 Appendixes 1. Details on Public Consultation (FGDs) 23 2. Future Consultation and Disclosure Roles and Responsibilities 29 5. Monitoring Indicators and Sample for Status Report 30

EXECUTIVE SUMMARY

1. The City Region Development Project (CRDP, the Project) will be financed by the Asian Development Bank (ADB) and is being formulated as a project loan using the sector approach to be implemented over a six-year period (January 2011 to December 2016). This document is a draft Resettlement Plan prepared for the Shakhari Bazaar urban renewal Subproject (the subproject). It is based on a feasibility level study and preliminary engineering design and will be updated at the final detailed engineering stage. The Resettlement Plan is prepared in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, i.e., the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ARIPO), and the Resettlement Framework adopted for the Project. It is classified as Category B according to ADB’s SPS as minimal land acquisition and resettlement is required. The scope of this Resettlement Plan is based on improvements to the public realm (e.g., utility relocation, paving, and traffic management) and restoration improvements to two identified buildings (Nos. 53 and 70) taken up as pilot buildings.

2. Summary of Resettlement Impacts. There is no land acquisition envisaged. The restoration of two pilot buildings will result in temporary impacts to building tenants through short-term relocation. There will be a total of 18 households temporarily relocated by the subproject. Of affected households, 13 are considered to be residential owners followed by 2 commercial owners, 2 residential tenants and 1 commercial tenant. Each will be ensured a guaranteed return to their original residence after works are completed through agreements between the owners/tenants and the Dhaka City Corporation (DCC). There are a total 15 vulnerable households they earn incomes below the poverty line. Improvements to the public realm will cause minimal temporary disturbance to local shops and street vendors during construction. These are to be mitigated through good construction practices (e.g., night works, maintaining access, etc.) to minimize disturbance. Entitlements for all impacts are outlined in the Resettlement Plan.

3. Public Consultations. Consultations were carried out during Resettlement Plan preparation and will continue throughout the subproject cycle. A grievance redress mechanism will be made available as explained in this Resettlement Plan.

4. Implementation Arrangements. The subproject will be managed and implemented through a Project Implementation Unit (PIU) based in Dhaka City Corporation office with the overall support and guidance of the Project Management Coordination Unit (PMCU) based at Local Government Engineering Department (LGED) Headquarters in Dhaka. The detailed design, preparation, and implementation of the capital investments will be supported by: (i) consultancy support (both international and national); and (ii) technical support from LGED. The PIU will implement the Resettlement Plan with support from the PMCU and resettlement specialists engaged by LGED. The PIU will provide adequate and appropriate relocation options (temporary), shifting allowance, cash compensation at full replacement cost, and adequate compensation for partially damaged structures as per the entitlement matrix within this Resettlement Plan. Income restoration assistance to the affected persons includes both short and medium term strategies. The Government will provide all funds for resettlement in a timely manner.

5. Resettlement Plan Implementation and Monitoring. All temporary relocation, compensation, and entitlements will be paid prior to displacement however, ongoing income rehabilitation activities where relevant, will continue after construction begins. Written confirmation of full relocation and compensation to displaced persons must be made to ADB prior to displacement in sections ready for construction, including the two buildings where works will occur. The estimated total period of the implementation of the Resettlement Plan is 13

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months. Monthly monitoring reports will be submitted by PIU to PMCU. PMCU will consolidate monthly reports into semi-annual monitoring reports or as part of the regular project reporting and will submit to ADB.

I. PROJECT DESCRIPTION A. Overview 1. The City Region Development Project (CRDP, the Project) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through (i) creation of an enabling environment towards improved governance and capacity building of the local governments, and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are (i) to improve the regional economic and social context through long-term development plans and investment programs, set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP. The subprojects are largely built around ‘integrated area planning’ principles which enhance economic activity in the regional context and provide opportunities for investment. 2. This is a Resettlement Plan prepared for the Shakhari Bazaar Urban Renewal Subproject which is in accordance with the ADB Safeguard Policy Statement, 2009 (SPS), Government of Bangladesh’s (the Government) policy, namely the Acquisition and Requisition of Immovable Property Ordinance 1982 (ARIPO) and the Resettlement Framework1 adopted for the CRDP. The scope of this Resettlement Plan is based on improvements to the public realm (e.g., utility relocation, paving, and traffic management) and restoration improvements to two identified buildings (Nos. 53 and 70) taken up as pilot buildings. B. Subproject Description 3. Shakhari Bazaar comprises a street over 1,000 feet (300 meters) in length, lined by shop houses, many of which are still occupied by traditional craft workshops. The traditional buildings are typically two or three stories tall, mostly around 100 to 200 years old, with a few even older. Many of the ground floors are older, between 200 to 300 years and were built in the Mughal period. The inner parts of the ground and upper floors are mainly residential, although in some buildings the rear parts of the ground floors are also used for craftwork. Typically, the traditional houses are long and narrow and may contain courtyards opening onto open top-floors. The original Mughal architecture is often embellished by surface decorations and carvings. There are over 100 buildings (covering 142 building lots), including several vacant lots where buildings have been demolished. Lots are typically long and narrow, with widths mainly between three and four meters. Storey heights vary between two and six stories, but with most between three and four stories (72%). Some 79% of the buildings were built before 1900 and very few buildings have been completed in recent years. Over time the traditional Mughal architecture was influenced by colonial architecture, usually extensions built in British-style colonial style architecture and construction, plus other European influences, all of which add to the unique character of the area.

4. Unfortunately the environment has deteriorated dramatically in recent years, and it is now blighted by a high degree of building obsolescence (some structurally unsound) and 1 As per the ADB’s Safeguards Requirement-4 (SR-4) of the SPS-2009, the sector approach requires preparation of

Resettlement Framework to guide subproject selection, screening and categorization, social and resettlement assessment, and preparation and implementation of Resettlement Plans of subprojects and to facilitate compliance with the requirements specified in Safeguard Requirements 1–3. The Resettlement Framework is prepared in accordance with the Government and ADB policy related to land acquisition and resettlement.

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disruption in the public realm. The majority of the remaining buildings of architectural and historic interest are at risk through neglect. In spite of this Shakhari Bazaar (and the adjoining streets) remains remarkably vibrant. Shakhari Bazaar is not yet a major tourist attraction but within the context of current tourist numbers to Bangladesh, the area regularly attracts visitors. The area is identified as an attraction in many of the international tourism publications about Bangladesh. Therefore, the conservation and restoration of Shakhari Bazaar would enhance visitor potential, as borne out by overseas experience. 5. Key Issues and Project Need. From discussions and a site visit with representatives of DCC and the Urban Study Group, the following are key issues confronting Shakhari Bazaar:

(i) The loss of buildings of architectural and historic importance to redevelopment, which is incompatible in nature, scale, detailing and use of materials with the original vernacular architecture and the public realm in general. In this regard the desire of extended families to remain in Shakhari Bazaar has increased the pressure for buildings of six stories more (often illegal), which is out of keeping with the traditional two- to three-storey form of the original buildings;

(ii) A lack of building maintenance by both the Government and the private sector, leading to buildings of architectural and historic significance being in a poor state of repair, and which to varying degrees may be structurally unsound. To this extent there have been previous surveys of structural condition, the most recent of which identified some 12 buildings in Shakhari Bazaar as structurally unsound;

(iii) Buildings of architectural and historic significance where the original exteriors, internal layout and decoration have been badly affected by poorly designed and constructed extensions;

(iv) Complex ownership situations2 acting as a constraint to public and private investment in revitalising the area;

(v) The lack of basic services, including public water supply and effective sewerage, in many of the properties. It is understood this is at least partly due to a lack of clarity regarding ownership issues;

(vi) The potentially attractive appearance of the public realm (street) is damaged by a multitude of power cables and telecommunications wires attached to the buildings, solid waste dumped at the street edge and unattractive street surfacing; and

(vii) The vitality and potential attraction of a predominantly pedestrian environment is damaged by the excessive penetration by rickshaws and motorcycles, the majority of which do not appear to have an origin or destination in Shakhari Bazaar.

6. Vision and Objectives. The vision of the Shakhari Bazaar urban renewal subproject is to ensure its long-term sustainability, its culture and its history through a range of actions to upgrade its buildings and spaces, optimizing the potential for the partnership(s) between

2 The ownership situation in Shakhari Bazaar is complex, and there are three main types: (i) Vested Properties –

these are properties in the ownership of absentee landlords, whilst their ongoing administration is exercised by the Government, which has let the buildings by various leasehold and rental formulae. There may be several leases and tenancies within each building: it is understood that the vested properties make up around 60% of the buildings in Shakhari Bazaar. It is also understood that the Government is now reviewing the status of the vested properties, with the possibility of returning them to the original owners; (ii) Endowed Properties – these properties are properties given over by Hindu religious interests for individual/family occupancy; and (iii) Private Ownership – private ownership properties are typically occupied by various family interests, such that they may be divided up amongst an extended family and ownership may extend across more than one building.

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Government, the community and the private sector. To achieve this vision the following four objectives are proposed to ensure:

(i) The retention of the area’s historically-important buildings and to improve the appearance of adjacent buildings (which do not blend well with the nature and scale of traditional architectural forms);

(ii) Improvements to the visual appearance and pedestrian environment of the street/public realm for the enjoyment of visitors and the local community;

(iii) The needs and aspirations of the community affected by the subproject should be incorporated into the proposed revitalisation of Shakhari Bazaar; and

(iv) That the economic value of Shakhari Bazaar should be optimized as an attractive environment for private sector investment in the area’s conservation.

7. The following are the proposed components of the Shakhari Bazaar subproject: 8. Component 1- Relocation of utilities. This activity will include opening the surface of the public realm in Shakhari Bazaar for the placement of new utilities services and (where required) the removal of the existing utilities services. The work will include the provision of connections to the adjoining properties. It will also include the underground re-location within impermeable conduits of all the overhead power and telecommunication equipment currently situated in the public realm. 9. Component 2 – Resurfacing the street and parking area immediately east of Shakhari Bazaar. On completing the reconstruction and re-location of the utilities services the street will need to be re-surfaced in materials appropriate to the environment of the Heritage Area, along with any additional hard and soft street furniture and lighting. Here the parking area immediately to the east of Shakhari Bazaar lends itself to the use of soft landscaping to frame the entrance to the Heritage Area. The new surfacing should be to standards capable of accommodating emergency vehicles.

10. Component 3 – Traffic Management. Access controls on motorized vehicles and rickshaws at specified periods of the day would be enforced by adjustable traffic barriers and blocks, to be installed during the re-surfacing activity. 11. Component 4 - Restoration of buildings with heritage status. Two buildings (nos. 53 and 70) are identified for conservation and restoration as part of the first phase, as a sample demonstration project. Restoration works will vary in accordance with the conditions of those buildings with Heritage Status and through agreement with owners and occupiers. In most cases the internal layouts will remain intact and the restoration works will respect this. However, where the structural condition is particularly bad, the building frontage will be restored but the interiors will be re-built and alternative internal layouts can be considered. Restoration may include (i) structural improvements; (ii) provision of basic amenities such as toilets; (iii) restoration of significant features (such internal courtyards, building façades and detailing); and (iv) other cosmetic improvements, such as new internal plastering. 12. Component 5 - Upgrading the design and provision of utilities to other buildings. For buildings which do not have heritage status the emphasis will be on providing technical guidance and incentives to secure (i) improvements to building façades such that they are more in keeping with the traditional architecture of Shakhari Bazaar; and (ii) provision of basic amenities, such as toilets. The proposed Design Guidelines and Restoration Advice (see above)

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will serve as a context for action in the restoration of all buildings in Shakhari Bazaar, and in particular for action to improve and/or redevelop private property.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 13. There is no land acquisition envisaged for interventions proposed in the first phase as the improvements to the public realm are within the available right of way (ROW). The restoration of two pilot buildings (Nos 53 and 70) will temporarily relocate the occupants of these building. A total of 18 households will be temporarily relocated. None of these buildings will be permanently affected or displaced. 14. Ownership. Out of the 18 households 15 of them are owners and 3 households are tenant. Additionally, one private temple will be restored.

III. SOCIOECONOMIC INFORMATION AND PROFILE 15. Structured census survey questionnaires (Appendix 2) were used to collect detailed information on the impact to all 18 households in the subproject area who are considered temporarily displaced. The survey was conducted in July 2010.3 Some of the important issues covered during the surveys are (i) type of ownership, (ii) duration of stay, (iii) legal status and ownership, (iv) usage pattern of the buildings, (v) number of tenants, (vi) number of family members, and (vii) their socio-economic details. 16. The two pilot buildings (House Nos. 70 and 53) have 15 owners and 3 tenants. Details are given in Table 1.

Table1: Type of Impacts

Building Number

Number of Households

(Owners)


(Tenants)

Total Number of

Households House No. 70 8 1 9

House No. 53 7 2 9

Total 15 3 18

Source: Census Survey, July 2010. 17. Most of the households are residential owners. There are 13 households considered to be residential owners followed by two commercial owners, two residential tenants and one commercial tenant. Additionally, there will be a small religious structure (temple) which will also be affected. Details are given in Table 2.



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Table 2: Uses of the Structures Building Number

Residential Households

Commercial Households

Residential Tenants

Commercial Tenants

Total Households

Religious (Temple)

House # 70 6 2 0 1 9 0House # 53 7 0 2 0 9 1Total 13 2 2 1 18 1Source: Census Survey, July 2010. 18. Most of the owners are long-time residents of these buildings. It is assessed that 11 households (61.11%) have been living in the buildings for almost 50 years. Only 2 households have been reported to be present for less than 10 years. Details are given in Table 3.

Table 3: Duration of Stay

Sl No Duration Number of


1 Less than 10 Years 2 11.11

2 11 Years to 20 Years 1 5.56




6 More than 50 Years 11 61.11Total 18 100.00

Source: Census Survey, July 2010. 19. The maximum number of rooms per household is three and the minimum is one. The survey revealed that 10 (55.56%) households have only one room each and 6 households have been found to have two rooms set and only two households are staying in a three-room set. Details are given in Table 4.

Table 4: Availability of Rooms per Household

Sl No Number of Rooms Number of


1 One 10 55.56

2 Two 6 33.33

3 Three 2 11.11 Total 18 100.00

Source: Census Survey, July 2010. 20. The living areas are considered small. There are six households who reported living in less than 5 sq.m. of area. Eight households are living within 5 to 15 sq.m. areas, three households are 15 to 25 sq.m. of area, and only one household is having 25 to 35 sq.m. of area. Details are given in Table 5.

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Table 5: Area of the Structure

Sl No Area/Space per

household (Square meters)


Percentage

1 Less than 5 6 33.33 2 5.01 to 15.00 8 44.44 3 15.01 to 25.00 3 16.67 4 25.01 to 35.00 1 5.56

Total 18 100.00 Source: Census Survey, July 2010.

21. The main source of income for most of the households (total 11) is service related. Six households have reported that business is their main source of income. Only one household has been reported to have daily wage as the main source of income. Details are given in Table 6.

Table 6: Main Source of Income

Sl No Main Source of

Income Number of


1 Business 6 33.33 2 Service Holder 11 61.11 3 Daily Wage 1 5.56

Total 18 100

Source: Census Survey, July-2010.

22. The total numbers of vulnerable displaced households are 15 as they fall below the poverty line.4 23. Gender. During disbursement of assistance and compensation, priority will be given to female headed households. 24. Summary Socioeconomic Profile. There will be a total of 18 households who will be temporarily displaced by the sub project. The total numbers of vulnerable households are 15 which are below poverty line. There are a total of 14 residential owners, 2 commercial owners and 1 commercial tenants residing in these two pilot buildings. The summary socio-economic details are given in Table 7.

4 Below Poverty line has been calculated on the basis of general formula which is $1 per day per person. The

average family size in the subproject area is 5.3 and the $1= Tk72. Therefore, the threshold for poverty line has been considered as Tk11,475 incomes per month per household.

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Table 7: Socio-Economic Details of the Households

S.N Name of the Owner Type of Ownership

HH size Main

Occupation/Income Source

Monthly Income (Tk)

Vulnerable Household

s Total Male Female

1 Mr. Joy Ghosh Residential Owner 4 2 2 Service Holder 6,000 BPL 2 Mr. Kalachan Dutta Residential Owner 4 3 1 Service Holder 5,000 BPL 3 Mr. Nila Rani Dutta Residential Owner 6 5 1 Service Holder 4,000 BPL 4 Mr.Dilip Sarkar Commercial Owner 2 1 1 Business 5,000 BPL 5 Mr. Kishor Kumar Bashu Residential Owner 5 3 2 Business 50,000 – 6 Mr. Bina Rani Dash Residential Owner 5 3 2 Service Holder 3,500 BPL 7 Mr. Amorendro Bashu Roy Chowdhury Residential Owner 3 2 1 Service Holder 6,000 BPL 8 Mr. Ujjal Kumar Dutta Commercial Owner 3 2 1 Service Holder 2,500 BPL 9 Mr. Ronjit Dash Commercial Tenant 5 3 2 Service Holder 5,000 BPL 10 Mr. Khokon Dhar Residential Owner 3 2 1 Business 3,000 BPL 11 Mr. Mala Mondol Residential Tenant 3 2 1 Service Holder 2,000 BPL 12 Mr. Maloti Residential Owner 5 4 1 Business 6,000 BPL 13 Mr. Ananda Mohisur Residential Owner 10 6 4 Service Holder 12,000 – 14 Mr. Ashtami Rani Dhar Residential Owner 3 1 2 Daily Wage 2,000 BPL 15 Mr. Jibon Residential Tenant 1 1 0 Service Holder 6,000 BPL 16 Mr. Ranjit Sur Residential Owner 4 3 1 Business 30,000 – 17 Mr. Polash Dhar Residential Owner 4 1 3 Service Holder 3,000 BPL 18 Mr. Uma Sangkar Residential Owner 3 1 2 Business 10,000 BPL

Total Displaced Persons 73 45 28 Total Vulnerable Households=15

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IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION A. Public Consultation 25. During subproject preparation, consultations were held with the official representatives of DCC, apart from the communities in the subproject area. The issues covered during these consultations included selection of subprojects and identification of key issues including addressing the current gaps in provision of basic services and improvement of urban environment conditions in the Shakhari Bazaar area. These consultations (Table 8) provide an understanding of the needs and concerns of the project communities and the relevant stakeholders. Additionally, focus group discussions were also conducted with the local community especially with the displaced persons and the summary of these consultations is given in Appendix 3.

Table 8: Summary of Consultations


participants Participants

Issues discussed

Incorporation into Resettlement Plan and

Project design A 12th

June 2010

15 Residents of Shakhari Bazaar, Members of the Shakhari Bazaar Panchayat committee, shopkeepers, and residents.

Understanding of the heritage status of the area, profile of the communities inhabiting the Shakhari Bazaar, Access to infrastructure services, key issues pertaining to environment – including lack of sanitation facilities, waste collection mechanisms and flooding during rains Willingness of communities to participate in restoration of the area, including buildings conservation and the way to temporarily shift to the other location during the restoration period

A detailed design of the project area shall be prepared, in consultation with the communities, and shall include plans for infrastructure improvement.

All utilities and services currently within the ROW shall be accommodated within the ducts on the road surface, to improve the visual appeal of the area

Support to DCC in framing up the guidelines for heritage management

Enforcement mechanisms by the DCC to avoid any adverse impacts including unplanned development in heritage areas and protection of the ROW

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participants Participants

Issues discussed

Incorporation into Resettlement Plan and

Project design B Banani,

DCC office

1s July 2010

3 Executive engineer – DCC, Town planner DCC, Zonal Executive officer (DCC) - Banani

Overview of the Safeguards policies Environmental impacts due to project, including selection of buildings for restoration, enforcement of development controls in heritage areas.

Written agreements between residents and DCC will ensure that all owners and tenants residing in the buildings at the time of the cut-off date are entitled to return to their original location after the subproject or sections of the buildings (deemed as safe by contractors, DCC, and certified engineers) are completed. Adequate compensation for temporary relocation such as shifting allowances, business loss allowances, vulnerable households allowances and rental allowances etc.

DCC = Dhaka City Corporation, ROW = right of way. B. Information Disclosure 26. Project information will be continually disseminated through disclosure of resettlement planning documents. Resettlement information leaflets containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language (Bangla) and the same will be distributed to displaced persons. The PIU the Resettlement Support staff (RSS) will keep the displaced persons informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The information will also be made available at a convenient place especially, the market place which will be easily accessible to the displaced persons. The summary of the Resettlement Plan and the entitlement matrix will be translated into the local language; disclosed to the displaced persons; and made available at PIU, local offices and libraries (or other pubic places, and at the LGED offices. A copy of the Resettlement Plan will be disclosed on the LGED and ADB website. C. Continued Consultation and Participation 27. For continued consultations, the following steps are to be taken:





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V. GRIEVANCE REDRESS MECHANISMS 29. A grievance redress mechanism (GRM) shall be set up in the Dhaka City Corporation PIU office to register grievances of the people regarding technical, social and environmental aspects. The process will designed to be transparent, gender responsive, culturally appropriate and commensurate to the risks and adverse impacts of the project, as well as readily accessible to all segments of the affected people. The project GRM will not supersede any legal government grievance procedures. Affected people are to be informed about the mechanism through media and public outlets. This participatory process shall ensure that all views of the people are adequately reviewed and suitably incorporated in the design and implementation process. The GRM will be implemented in three levels. 30. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the resettlement safeguards officer and Project Manager, with assistance from the Resettlement Specialist(s) of the Management Design Supervision Consultant (MDSC). The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including Environmental Management Plan implementation, land acquisition, structures acquisition, livelihood impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue. 31. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local GRC of the City Corporation, who will, based on review of the grievances, address them in consultation with the Safeguards Officer of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the City Corporation (GRC Chair); (ii) representative of the mayor of the City Corporation; (iii) representative of the affected persons; (iv) official of the land registry department; (v) official of the Department of Environment (DOE) divisional office; (vi) town planner of the City Corporation; and (vii) Environmental/Social safeguards Officer of the PIU. The local GRC shall meet twice a month, unless the Project Director of the PIU informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions. 32. The functions of the local GRC are as follows: (i) provide support to affected persons on problems arising from land acquisition (temporary or permanent); asset acquisition; and

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eligibility for entitlements, compensation and assistance; (ii) record grievances of affected persons, categorize and prioritize them and provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC. 33. Should the grievance still remain unresolved, the PIU Project Manager, will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives: (i) Project Director PMCU; (ii) Environmental/Resettlement Safeguards Officer of the PMCU; (iii) representative from Land Ministry; (iv) representative from DOE; (v) Representative of the affected persons; and (vi) Environmental/Social Safeguards officer of the PIU. 34. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental/Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 35. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the affected person can seek legal redress of the grievance in the appropriate Courts (fourth level of GRM). Figure 1 illustrates the GRM.


GRC = Grievance Redress Committee, DSMC = Design Supervision Management Consultant, PMCU = Project Management Coordination Unit, PIU = Project Implementation Unit.

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VI. LEGAL FRAMEWORK 36. This Resettlement Plan is prepared based on all applicable legal and policy frameworks of the Government (i.e., the ARIPO) and ADB's SPS. A summary of applicable acts and policies is presented provided in the Project's Resettlement Framework. 37. The Government's policy through ARIPO does not cover project-affected persons without titles or ownership record, such as informal settler/squatters, occupiers, and informal tenants and lease-holders (without document) and does not ensure replacement value of the property acquired. The ARIPO has no provision of resettlement assistance for restoration of livelihoods of affected persons except for the legal compensation. Gaps between national law and ADB policy are identified and bridging measures are included in the Entitlement Matrix for the project, described below. ADB will not finance the project if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, the ADB policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.




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Type of Loss Application

Entitled Person

Entitlement Implementation Issues Responsible Agency

1. Temporary loss of access

Temporary loss of access to land, structure, utilities, common property resource


60 days advance notice. Provision of temporary access and

relocation. Restoration/enhancement of affected

land, structure, utilities, common property resource.

All the buildings will be identified in advance and a relocation strategy will be made in advance in consultation with the displaced persons. The PIU will help find suitable alternative locations for displaced persons and ensure all persons have an equally similar location (with equal or better quality and access to services including water, sanitation, electricity, transport, education, etc.) to reside prior to physical displacement. DCC will have a signed agreement that all the displaced persons guaranteeing their return back to their original place after the restoration.

PIU/PMCUContractor to restore access

2. Temporary loss of livelihood

Temporary loss of livelihood/source of income

Street Hawkers, mobile vendors

60 days advance notice. Provision of temporary access where

possible. Provision of alternative sites for

continued economic activity where possible.

Where provision of alternative sites is not feasible, a one time assistance for lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher).

Compensation for agricultural losses. Restoration of affected land, structure,

utilities, common property resource.

DCC through the PIU will identify the nature of each business of the displaced persons and accordingly all the displaced persons losing income/livelihood in temporarily will be paid in the form of compensation for the entire duration of the business loss. DCC will attempt to find alternate site for these people who will be losing their business in a temporary basis. DCC will ensure that the displaced persons restart their business activities after the restoration activities are done

PIU/PMCU

3. Impacts on vulnerable displaced persons






PIU/PMCU

4. Any other loss not identified


PIU/PMCU

ADB = Asian Development Bank, DCC = Dhaka City Corporation, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

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C. Assessment of Compensation Unit Values 40. Shifting Allowance. Shifting allowances have been considered to be Tk10,000 per household to help the displaced person shift all their personal belongings. The rental allowances have been considered to be Rs.5,000/- per household for a period of one year which becomes Tk60,000 per household. 41. Business or Sources of Income. The PIU will conduct a detailed census survey which is to include actual monthly income of the displaced persons followed by a verification of the income data based on the tax payment (for titled business owners). In the absence of the authentic income proof, the unit price will be collected from the displaced person during the survey. See income restoration and rehabilitation measures below. 42. Temporary Source of Income. The compensation for temporary impacts will be decided based on the average daily income which will be derived from the census survey. The unit cost for temporary loss of income for mobile vendors has been derived based on the minimum wage for the entire period of disruption. The average income in the project area as collected during the census is approximately 9,000 and therefore, the unit cost for one time assistance equivalent to one year loss of income is Tk108,000 per household.

VIII. INCOME RESTORATION AND REHABILITATION A. Basic Provision for Relocation 43. Relocation in this sub project will be of temporary in nature. None of the households will be permanently displaced and will be guaranteed return through written agreement between themselves and the DCC.6 The agreements are to be legally enforceable and agreeable to the displaced persons. All agreements are to be confirmed through an independent third party.7 The objective of the subproject is to restore the heritage building and to bring back its original owners and occupants after the restoration process is done. Therefore, resettlement is characterized as a temporary shifting of affected households until the buildings are declared safe and ready for residence. Buildings were agreed to be worked on one at a time to minimize impacts. The Implementing Agency, DCC in this case, will provide adequate and appropriate replacement structures and cash compensation in the form of rental allowances for the entire period of relocation. The DCC will facilitate displaced persons in finding alternate residences agreeable to the displaced persons. All displaced persons are to be relocated and all entitlements provided before displacement occurs. The entitlement also includes shifting allowances. DCC will ensure that all temporary displaced persons are settled in a new place and DCC will be responsible to bring them back to their original place (through signed agreements) of stay once the restoration activities are complete. The implementing agency will compensate non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date.

6 The PIU will help find suitable alternative locations for displaced persons and ensure all persons have an equally

similar location (with equal or better quality and access to services including water, sanitation, electricity, transport, education, etc.) to reside prior to physical displacement. The PIU will provide adequate and appropriate replacement structures, cash compensation at full replacement cost, adequate compensation for partially damaged structures, and relocation assistance, as per applicable according to the entitlement matrix.

7 Draft agreements should be sent to ADB for review.

15

44. To help affected persons receive entitlements and relocating themselves, a relocation strategy will be adopted in the subproject including (i) all compensation will be paid and other resettlement entitlements will be before physical displacement; (ii) at least 60 days advance notice will be given; (iii) the PIU and Resettlement Support Staff will assist displaced persons during verification of assets and will provide necessary counseling on payment of compensation and assistance; (iv) in close consultation with the displaced persons, the PIU Resettlement Support Staff will fix the shifting dates agreed with the displaced persons in writing and the arrangements desired by the displaced persons with respect to their entitlements; and (v) in case of self relocation, the PIU will assist the displaced persons in finding alternative site within the area if so desired by the displaced persons. B. Income and Livelihood Rehabilitation 45. Income restoration assistance to the displaced persons includes both short and medium term strategies. Short term income restoration strategies are for immediate assistance during relocation and include the following:

(i) Compensation for structure paid in full before displacement occurs; (ii) Assistance in finding alternate location for continuation of livelihood/living

arrangements; (iii) Where provision of alternative sites is not feasible (for temporary impacts),

compensation of lost income for period of disruption (if less than three months) or lump sum for three months lost income (at replacement cost) or minimum wage rates (whichever is higher);



replacement cost) or minimum wage rates (whichever is higher); (vii) Consideration for project employment; (viii) For vulnerable households, additional subsistence allowance equivalent to



continuation of business after construction is completed. 46. Medium-term income restoration activities will include skill development training based on need. The PIU will identify suitable local training institutes and pay fees directly to the training institution and provide the names of entitled person(s). 47. Where necessary, training may include (i) capacity building, enterprise training, and facilitating economic activities to landowners; and (ii) training for self employment to agricultural laborers. Training for self-employment and skill development which may include but not limited to (i) plumbing; (ii) electrical; (iii) automobile repair; and (iv) electronic repair and service, etc. Training will be imparted to any willing displaced person losing income or livelihood. 48. During the construction stage the displaced persons, especially vulnerable displaced persons, will be given preference over others in being engaged in project activities suitable to their skills. In order to make the displaced persons employable, the PIU will identify the required

16

skills for the construction activities prior to the commencement of the construction and provide the required training to the displaced persons.

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 49. The resettlement cost estimate for the Shakhari Bazaar subproject (Table 10) includes eligible compensation, resettlement assistance, as outlined in the entitlement matrix, and support cost for Resettlement Plan implementation. The Government of Bangladesh will release funds to the PMCU and the PMCU will release funds to the PIU in a timely manner. The PIU in DCC will then release funds for resettlement to the entitled displaced persons. The total estimated resettlement cost for the subproject is Tk0.07 million. The costs are outlined below:

(i) Compensation in the form of rental allowances for the temporary displaced households;

(ii) Assistance in lieu of the loss of income and livelihood ; (iii) Assistance for shifting of personal items and structures; (iv) Training allowance; and (v) Special assistance to vulnerable groups for their livelihood restoration.


Sl. No. Item Unit Rate Quantity Amount (Tk)

A Compensation

A-1 Rental Fees Numbers 60,000 18 1,080,000 Sub Total (A) 1,080,000

B. Assistance

B-1 Shifting Assistance Numbers 10,000 18 180,000

B-2 Training Assistance Numbers 12,000 3 36,000

B-3 Loss of Income Numbers 108,000 3 324,000

B-4 Assistance to Vulnerable Households

Numbers 10,000 15 150,000

Sub Total (B) 690,000

C RP Implementation Support Cost


Person Month

100,000 24 2,400,000

C-2 Administrative Cost Lump Sum

500,000

Subtotal C 2,900,000

Total (A+B+C) 4,670,000

Contingency (10%) 467,000

GRAND TOTAL 5,137,000

GRAND TOTAL (Million Tk) 5.14

GRAND TOTAL (Million USD) 0.07 DCC = Dhaka City Corporation, PIU = Project Implementation Unit.

17


50. The Local Government Engineering Department (LGED) will be the executing agency responsible for overall guidance and project implementation. A PMCU headed by a Project Director will implement the project investments and will be responsible for overall planning, management, coordination, supervision and progress monitoring of the CRDP in the two regions. The PMCU will ensure compliance with assurances, including safeguards and preparing and submitting reports, resettlement plan monitoring updates. To ensure effective implementation of the land acquisition and resettlement aspects, two full time PMCU resettlement safeguard officers will be recruited, including one Resettlement Compliance Officer primarily responsible for compliance with legal requirements of the Government, and one Resettlement Surveyor responsible for overseeing PIU preparation of the Resettlement Plan for subprojects and data collection. The MDSC will recruit one international and one national resettlement specialist to assist the PMCU in this regard. The PMCU will review monthly reports submitted by PIUs and will consolidate them into quarterly reports to ADB. Corrective actions to be taken when necessary based on close monitoring and results of grievance redress process. B. Project Implementation Unit 51. The subproject will be managed and implemented through the PIU based in the Dhaka City Corporation office. The PIU will be responsible for carrying out the detailed design of the subprojects and updating RPs for the sample subprojects and prepare new RPs for future subprojects under the sector approach The PIU will ensure compliance with safeguards requirements of the Government and ADB. The PIU will be responsible for day-to-day monitoring of the project progress, including the implementation of the resettlement provisions in the project. 52. The capacity to implement safeguards planning and implementation at the PIU level is not currently adequate. Therefore, it is proposed that resettlement support staff (or facilitators) at the PIU level will be recruited. The number of resettlement support staff at each PIU will be commensurate to the scale of involuntary resettlement impacts (e.g., the greater the impact, the greater number of support staff needed). All PIU and PMCU safeguards staff will undergo training conducted by the consultant team’s resettlement specialists. Each PIU will prepare monitoring reports on all aspects concerning to resettlement planning and implementation of the land acquisition and resettlement issues and report to the PMCU on a monthly basis.

C. Management, Design and Supervision Consultants 53. The MDSC will hire one International Resettlement Specialist (IRS) and one National Resettlement Specialist (NRS). They will be responsible for updating/finalizing the Resettlement Plans of sample subprojects in accordance with this Resettlement Framework and based on the detailed engineering design. These specialists will also prepare new Resettlement Plans for future subprojects under the sector approach consistent with this Resettlement Framework. This will be done in close coordination with PIU resettlement support staff and PMCU resettlement officers. The IRS and the NRS will assist in the overall supervision of the projects and ensure all plans are implemented in a smooth and timely manner in accordance with the provisions of the Resettlement Plan. They will also prepare and implement training and capacity development programs for resettlement planning for the PIU and PMCU safeguards staff (see section below on Training and Capacity Building), and will closely work with the PMCU and PIUs to ensure

18

displaced persons are compensated before displacement occurs, including ongoing rehabilitation measures. Further details on agencies responsible for Resettlement Plan activities are in Table 11 and the organization chart for Resettlement Plan implementation is depicted in Figure 2.

Table 11: Institutional Roles and Responsibilities Activity Responsible Agency

A. Subproject Initiation Stage and Institutional Setup Formation of PMCU. LGED Formation of PIU. LGED Finalization of sites for subprojects. PMCU/PIU/MDSC Disclosure of proposed land acquisition and subproject details by PIU/PMCU issuing Public Notice. Meetings at community/household level with displaced persons. PIU Capacity Building training. MDSC/IRS B. Resettlement Plan Preparation/Updating Stage Resettlement screening and categorization form and submission to ADB for each subproject.

PIU/PMCU


PIU/PMCU


PIU/PMCU


PIU/PMCU

Incorporate all comments and suggestions to Resettlement Plans. PIU/PMCU Web disclosure ADB/PMCU C. Resettlement Plan Implementation Stage Issuance of identification Cards to displaced persons PIU/PMCU Detailed schedule for compensation PIU/PMCU Distribution of relocation notices to displaced persons PIU/PMCU Award of checks for land compensation PIU/PMCU Award of checks for other compensation and assistance/ rehabilitation PIU/PMCU Confirm with ADB in writing when payment of entitled compensation to displaced persons and relocation has been completed. Permission to contractor to begin works once compensation to displaced persons is confirmed (note: other income rehabilitation to continue after civil works commence).

PMCU/PIU


PIU/PMCU


External Expert


19

LGED ADB

PMCU 1 Resettlement



DISPLACED PERSONS




ADB = Asian Development Bank, LGED = Local Government Engineering Department, MDSC = Management, Design, and Supervision Consultant, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.

XI. IMPLEMENTATION SCHEDULE

54. Compensation and relocation of displaced persons cannot commence until the Resettlement Plan has been cleared by ADB. All compensation and relocation activities is to be paid prior to displacement although income rehabilitation measures will continue after construction begins. Written confirmation is required by the PMCU to ADB stating that all compensation has been paid to displaced persons and relocation is accomplished. Only then can construction works begin on sections where compensation has been paid. The project will be implemented over six years (January 2011 to December 2016). The implementation of the Resettlement Plan will include: (i) identification of cut-off date and notification; (ii) verification of losses and extent of impacts; (iii) finalization of entitlements and distribution of identity cards ; (iv) consultations with displaced persons on their needs and priorities; and (v) resettlement, provision of compensation and assistance, and income restoration for displaced persons. The expected implementation schedule for a subproject is given in Table 12.

20

Table 12: Implementation Schedule Activity Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Establishment of PMCU and PIU. Appointment of safeguards staff in PMCU and PIUs.
















21

XII. MONITORING AND REPORTING 55. The extent of monitoring activities will be commensurate with the project’s risks and impacts. Monthly monitoring reports to be submitted by PIU to PMCU. PMCU to consolidate monthly reports into semi-annual monitoring reports to ADB. These reports should form a part of the project progress reports submitted by PMCU to ADB. 56. The objectives of monitoring are to (i) ensure that the standard of living of displaced persons are restored or improved; (ii) ascertain whether activities are progressing as per schedule and the timelines are being met; (iii) assess if compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly to mitigate problems. The above information will be collected by executing and implementing agencies through its PMCU and respective PIU which is responsible for monitoring the day-to-day resettlement activities of the project through the following instruments:







completed. (iii) Grievance redress procedures in-place and functionality.

22

(iv) Compensation payments disbursed. (v) Relocation of displaced persons completed. (vi) Project employment provided to displaced persons. (vii) Infrastructure rehabilitated or constructed. (viii) Income restoration activities initiated. (ix) Skills training of displaced persons initiated. (x) Number of households displaced and resettled. (xi) Monitoring and evaluation reports submitted.

Appendix 1 23

DETAILS ON PUBLIC CONSULTATION (FGDs) Name of the Project Component /Site: Renovation houses –Shakhari Bazar Name of the Mohallah: Shakharibazar Name of the Street: Shakharibazar road Name of the Ward: 70 Name of the Zilla/District: Dhaka Number of Participants: 14 ( fourteen ) Date: July 7, 2010 Time: 12.30 P.M

Q. No. Issues Participants’ Opinion, Comments and Suggestions 1 Have you heard about CRDP

(City Region Development Project)

Project components like renovation of houses and construction of roads are very familiar to the participants’. Some of them said ‘Members of Ponchaiet committee of Shankari Bazaar’ is more informed about project due to their involvement with city corporation and other organizations than general ‘moholla members. On the other hand few people said they have participated in the discussion meeting with city corporation who also discussed them about the project. Most of women of the household have never been informed about any activities of the project and they are not aware of any activities of the project.

2 If yes, where from They have heard about the project component from local Ward member, staff of Dhaka City corporation who has been trying to motivate people for participating in renovation for long time.


Many of them think renovation of the buildings is a great opportunity for the people who live in here. They also think that the project is getting delayed for the last few years which have created little confusion.

4 Do others in this locality support this

Participants said that almost all people of the locality will support this support. .


The most concerning issues is about the entitlement of the house/room. Most of the people do not like to shift the place without their authentic ownership. Although community people inherited the house/room from their forefather. But the area is declared as “Vested property “ after the partition in 1947. All most all owners are very much defensive toward the law of government and this makes them concerned of the renovation of the building because if they lose their property.


The local poor people should be incorporated in the construction/renovation work. Besides owners of the households must know schedule of work and budget in transparently.

24 Appendix 1

Q. No. Issues Participants’ Opinion, Comments and Suggestions 7 Employment Potential in the

project which is of benefit to village

Some labor force could be included from the community.

8 Number of Households in the Mohallah/Town/District

There are around 145 houses in the Mohallah.

9 Ethnic Minorities /Indigenous peoples composition (If there are Indigenous People, please mention about the names of the indigenous people and number of households)

Most of the people are from Hindu religion live in the locality. A very few Muslims are also live in this area. However, these Hindu groups are not indigenous peoples.

10 Number of Shops/ Commercial establishments in the Mohallah/town

There are around 2000 shops in the area.


The area is very popular for “Shankari cottage industry and most of the people are doing same business. So people have show room and industry (small scale) in the same place.

12 General socio-economic standing: What are the economic activities? Land use, cropping pattern (Seasonal), types of crops, value of the crops, Average land holding size etc.

Most of the people are middle income earner. The local people (Old Dhaka –‘Dhakkai’, 25% of local residence) are lower in number and they are comparatively well off. They are now only representatives of ‘shakhari’ and this is their prime business. Besides this trading of daily necessaries, groceries are principal economic activities.

13 Is the Area Electrified Yes


The main drinking water source is supply line from WASA. But most of the house share water from one source or road side point. Some also have tube well and dug well.


There may be very little loss of residential/commercial structures due to the project which will be temporary in nature

16 Loss of community life like any

Market Places or community activities to be affected

When any house will take under construction shops under house will be affected. However it may not affect at the same time.


The mohallah is belonging to middle income group.


Older people are less educated compare to the new generation. Now all most all children of the family member go to school and some also for higher education. Some girl children are also studying in higher class.


Most of the people are working, there is no highly unemployed are in the area. A few people do not work due to drug addiction and sickness.


Not applicable

21 What is the major occupational structure of the local people

Most of the local people are ‘shakhari’( shanka maker/bangles). There are numbers of retailers work in groceries and likewise shops.

Appendix 1 25

Q. No. Issues Participants’ Opinion, Comments and Suggestions 22 Is there any vulnerable group

like Ethnic Minority or Adivasis people living in the surrounding area and if yes then how far and the name of the groups

No.


They are not satisfied because this locality is mostly out of services provided by DCC. They are neglected.


Water problem is severe, drainage problem is also bad. Besides huge electrical wires surrounded outside of the building is also a big threat for people.


Yes, some house do not have sufficient water supply. Some of them use roadside water points which are low cost. The entire building has one connection. Water supply and cooking gas is needed to upgrade.


Yes it is desirable.


Shifting may cause problem in many ways, it will cause loss of work and children’s education.

28 Who else could be affected due to this up gradation

People who work in the locality, children who study in the same area , if they will shifted to separate place will cause problem in this regards.

29 How intense could be the effect It can affect very seriously in terms of changing their working condition and lifestyle.

30 Do you think the affect will be of permanent nature?

The impact will be temporary in nature

31 The project may need shifting of some encroachments and squatters .Would you like to shift from here on your own

Shifting will be possible with proper compensation and assurances from DCC to get back their old place after the restoration work is complete.


yes


Yes, we like to return here with legal assurance and the most vital issue for inhabitants of the area.


Some said yes and they will share with other relatives and neighbors. Some said they have no place or known people for getting support.


Temporary loss of the business, job loss.


Money for rental house Transfer cost Interest free loan from the bank Compensation for income loss


(i) Cottage Shankari business will be sustained; (ii) People life will be more safe for safe home; and (iii) Better environment situation will be created.

26 Appendix 1

Q. No. Issues Participants’ Opinion, Comments and Suggestions 38 Do you think that the local

residents would like to participate in this work

Yes, they are eagerly like to participate in the work; they also interested to participate of beginning of the proposal and during the work.

39 Any suggestion/opinion, etc. Yes, they all want our house renovation and also want to know process of renovation. We want detailed about that


They all want to know regularly about the upgrading situation of project. Some of them showed their doubt about the project if or not really coming to improve the situation.


Yes, it is very important to have consultation with the community before the implementation. Both formal and informal consultation is desired.


Probably not


No.


Few said ‘Some historical heritage sites within the community should be protected.


Entire environment is not suitable, total area is congested, open drains create unhygienic condition of the area. From the building #53 at least four people died from the diseases like tuberculosis, jaundice ,liver problem


Grammen Bank, ASA, BRAC etc


Yes, they like to monitor the process of the renovation.

48 Kindly indicate what kind of economic/ non-economic activities female members of your family are engaged in

Among the households, most of the women are involved in the jobs like sewing , prepare and selling paper packet, supply food to office , work in medicine industry and homeopathy. Few also work at household. Only one says; her husband does not allow her to go outside for work or any reason.

49 If, engaged in economic activities how much they contribute to total family income of the year

Most of the women who are working outside said they contribute equally as their husband do. Some women who have no male income earner contribute entirely.

Appendix 1 27

Q. No. Issues Participants’ Opinion, Comments and Suggestions 50 Does your female member have

any say, in decision making of household matters

Most of the women said they can participate in the household decision making process with their male members. Women who are the main of the household take all the decisions.

51 How safe do you regard the neighborhood / village for women and children during the day time?

The houses are protective and area is electrified and crowed therefore there is negligible chance any unsafe events. .

52 How safe do you regard the neighborhood/village for women and children during the night time?

The area has harmony in terms of religion background and occupation. There is no large economic difference between people to people in the community. So no harm for women and children as they are also have huge mobility in the area.


Yes, it is a commercial place and generally women go everywhere. The children in all level go to school and college. Some youth also go for higher education.


Women fetch water from the road side source regularly. Because many of those household have no individual connection. Some male family members also collect water.


Many of the households sharing one or two toilets


Yes


Yes, much desired consultation, we are delighted to know the project work and appreciated. One woman said; we do not know much about the project activities, but there may be some people come and say so many things. We are not sure about what support exactly is coming to us. Since we are living here nothing good has happened to us from government or any institution. Therefore, this type of consultation is always useful

CBO = community-based organization, CRDP = City Region Development Project, DCC = Dhaka City Corporation, NGO = nongovernment organization, STP = sewage treatment plant.

28 Appendix 1

LIST OF PARTICIPANTS

S.No. Name Occupation Sex

(M/F) Age

(Years)

1 Biddut Kumar Nag Service holder M 35

2 Nilkanto Dutta Business M 51

3 Dipak Kumar Dutta Owner of grocery shop M 35

4 Mohesh Chandra Das Service holder M 30

5 Samar Chandra Sur Business M 38

7 Sharati Ghosh Housewife F 25

8 Nilarani datta Prepare paper packet( thonga )

F 50

9 Jaideb Lal Dash Vender M 55

10 Suman Lal Das Collage student ( MA) M 24

11 Mala mondal Food supply in office F 40

12 Sapan Kumar sur Gold shop M 45

13 Anandamohi Sur Older person M 70

14 Astomi Ranidhaor Older person F 85

15

16

17

18

19

20

Appendix 2 29

FUTURE CONSULTATION AND DISCLOSURE ROLES AND RESPONSIBILITIES Project Phase Activities Details Responsible Agency



-Leaflets containing information on the Project and subproject area to be prepared) -Public notice issued in public places including newspapers and direct consultation with displaced persons




-Further consultations with displaced persons and households, titled and non-titled. -Summary Resettlement Framework made available to all displaced persons at the convenient place which is easily accessible and should be in local language (Bengali)



Resettlement Persons disclosed to all displaced persons in local language (Bengali)









ADB = Asian Development Bank, LGED = Local Government Engineering Department, PIU = Project Implementation Unit, PMCU= Project Management Cordination Unit.

30 Appendix 3



Pre Construction Activities and R&R Activities1 Assessment of Resettlement impacts due to changes in



3 Approval of updated Resettlement Plan from ADB 4 Disclosure of updated Resettlement Plan 5 Establishment of Grievance Redress Committee 6 Capacity building of PIU Verification of displaced persons Census list; assessment




2 Disbursement of assistance to title holders 3 Disbursement of assistance to non-title holders 4 Disbursement of special assistance to vulnerable groups 5 Replacement/ shifting of community property resources 6 Reinstallation of public utilities 7 Records of Grievance Redress 8 Temporary Relocation of Hawkers and Vendors 9 Income Restoration Measures through training Social Measures during Construction as per Contract Provisions 1 Prohibition of employment or use of children as labour 2 Prohibition of Forced or Compulsory Labour 3 Ensure equal pay for equal work to both men and women 4 Implementation of all statutory provisions on labour like



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