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Resettlement Plan

January 2012

IND: Bihar Urban Development Investment Program—Bhagalpur Water Supply Subproject Prepared by Urban Development and Housing Department for the Asian Development Bank.

Prepared by Urban Development and Housing Department for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 9 January 2012)

Currency Unit = Indian rupee/s (Re/Rs) Rs1.00 = $0.01884

$1.00 = Rs53.085

ABBREVIATIONS

ADB — Asian Development Bank

BRJP — Bihar Rajya Jal Parshad

BUIDCo — Bihar Urban Infrastructure Development Corporation DOEF — Department of Environment and Forest DSC — design and supervision consultant DWR — Department of Water Resources EARF — Environmental Assessment Resettlement Framework EIA — Environmental Impact Assessment ESMC — Environment and Social Management Coordinator GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism MOEF — Ministry of Environment and Forests NGO — nongovernmental organization NRRP — National Rehabilitation and Resettlement Policy OHSR — overhead storage reservoir PIU — project implementation unit PMC — program management consultant PMU — project management unit UDHD — Urban Development and Housing Department ULB — urban local body WRD — Water Resources Department WTP — water treatment plant

NOTE

In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CONTENTS

Page

EXECUTIVE SUMMARY i

I. PROJECT DESCRIPTION 1

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2

III. SOCIOECONOMIC INFORMATION AND PROFILE 4

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 5

V. GRIEVANCE REDRESS MECHANISMS 6

A. Common Grievance Redress Mechanism 6 B. Composition of GRC and PSC 7 C. Areas of Jurisdiction 8 D. Consultation Arrangements 8 E. Record-keeping 8 F. Information Dissemination Methods of the GRM 8 G. Periodic Review and Documentation of Lessons Learned 8 H. Costs 8 I. Legal Framework 9

VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 9

VII. INCOME RESTORATION AND REHABILITATION 11

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN 11

IX. INSTITUTIONAL ARRANGEMENTS 13

A. Implementation Arrangements 13 B. Program Implementation Unit (PIU) 13 C. Implementing NGO 14 D. Institutional Capacity 17 E. Coordination with other Agencies and Organizations 18

X. IMPLEMENTATION SCHEDULE 18

XI. MONITORING AND REPORTING 20

ANNEXES Annex 1: Methodology for Estimation of Temporary Impacts 21 Annex 2: Summary of Discussions Held with Stakeholders at Subproject Sites 23 Annex 3: Survey Number and Ownership Details of Selected Sites for Subproject Facilities 31 Annex 4: Subproject Sites with Footprints of Proposed Facilities 32 Annex 5: Consultation and Participation Plan 51 Annex 6: Sample Grievance Redress Form 56 Annex 7: Summary Policy Frameworks 57

EXECUTIVE SUMMARY 1. Project Description. The Bihar Urban Development Investment Program aims at infrastructure development in four urban areas of Bihar (Bhagalpur, Darbhanga, Gaya, and Muzaffarpur), using a multi-tranche financing facility. This Resettlement Plan is prepared for the Bhagalpur Water Supply Subproject, to be implemented under Tranche 1. Subproject components include overhead storage reservoirs, pumping station rehabilitation, clear water reservoir, raw and clear water pipelines, distribution mains, renovation of existing water treatment plant and intake, and household metering. Screening of Tranche 1 subproject in Bhagalpur shows that neither land acquisition nor permanent physical displacement is required and only temporary impacts are anticipated. It is classified as Category B based on Asian Development Bank‘s (ADB‘s) Safeguards Policy Statement, 2009. Measures to avoid and minimize involuntary resettlement impacts included consideration of viable alternative sites and/or locations for subproject components, in accordance with safeguards frameworks to ensure that land acquisition, involuntary resettlement, and other adverse impacts are avoided or minimized. Overall involuntary resettlement impacts are to be further minimized through careful alignment selection during detailed design and subproject implementation. 2. Scope of Land Acquisition and Resettlement. All land required for subproject components in Bhagalpur has been identified. No land acquisition is required and no physical displacement is anticipated. Based on a thorough survey of all possible site alternatives, subproject components are proposed on vacant government land, where available. Only one OHSR is proposed on vacant land belonging to a private school trust; and a lease agreement with the Municipal Corporation, Bhagalpur is required. Anticipated involuntary resettlement impacts and temporary impacts on hawkers and vendors during construction of pipelines. 3. Socio-economic Information and Profile. Based on transect walks and confirmation of project engineers, limited impacts are anticipated on permanent structures (two permanent common structures which are presently lying unused on government school sites). Temporary impacts on 3,704 non-titled persons (vendors with push carts, baskets and [moveable] tables, those with bamboo and tarpaulin repair stands) are envisaged during construction of distribution pipelines. Transect walks reveal that 20% of temporarily affected persons are vulnerable affected persons including women, children, and affected persons with incomes below poverty line. 4. Information Disclosure, Consultation and Participation. Detailed consultations with potential beneficiaries and affected persons revealed that there is a great need for the water supply project in Bhagalpur, and consultations helped in selection and finalization of subproject sites in Bhagalpur. The draft resettlement framework and draft resettlement plan in local language were discussed in a city-wide stakeholder consultation workshop and the documents were disclosed. The resettlement framework and resettlement plan provide a strategy for continued consultation at different stages of resettlement plan implementation. 5. Grievance Redress Mechanism. The Grievance Redress Mechanism provides an accessible, gender-sensitive and culturally appropriate platform for receiving and facilitating resolution of affected persons‘ grievances related to the project. The project implementation unit (PIU) and the implementing nongovernmental organization (NGO) will resolve smaller issues and consult the environment and social management coordinator at the project management unit (PMU) regarding resolution of larger issues. Unresolved grievances will be placed before the City Level Committee cum grievance redress committee at the city level, and then the

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Project Steering Committee at the state level, failing which, the complainant can seek legal recourse. 6. Legal Framework. The policy framework followed for the resettlement plan is based on government (Land Acquisition Act, 1894 (amended in 1984); National Rehabilitation and Resettlement Policy, 2007; Bihar Land Acquisition and Resettlement and Rehabilitation Policy; 2007) and ADB‘s Safeguard Policy Statement, 2009. 7. Entitlements, Assistance and Benefits. The entitlement matrix prepared for the Subproject provides for compensation of land and all assets to be acquired at replacement value and also recognizes encroachers and squatters as affected persons. Vulnerable households will be provided additional assistance, priority in employment for subproject activities, skills and livelihood training, and income generating assets. 8. Income Restoration and Rehabilitation. affected persons will be provided 30 days advance notice to ensure no or minimal disruption in livelihood. Should construction activities result in unavoidable livelihood disruption, compensation for lost income or a transitional allowance for the period of disruption, whichever is greater, will be provided. Compensation and assistance to affected persons will be made prior to possession of land and/or assets and prior to the award of civil works contracts. 9. Resettlement Budget and Financing Plan. The resettlement cost for the subproject is estimated at Rs6.7 million. 10. Institutional Arrangements. The environment and social management coordinator at the PMU within the Urban Development and Housing Department will have the overall responsibility of overseeing resettlement plan preparation (for future resettlement plans of future tranches), implementation, and monitoring. The resettlement and/or social specialist of the project management consultants will assist the PMU in preparing and/or updating resettlement plan reports. The resettlement officer at the PIU will be responsible for implementing and monitoring safeguards compliance, gender mainstreaming, and consultation and participation. The implementing NGO will assist the PIU in implementing and monitoring resettlement plan implementation. 11. Implementation Schedule. The entire process of resettlement plan implementation including institutional arrangements, monitoring and rehabilitation of temporarily occupied lands is expected to require 24 months. 12. Monitoring and Reporting. resettlement plan implementation will be closely monitored to provide the PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. Monitoring will be undertaken by the PIU (through the implementing NGO) with assistance from the PMU. The executing agency will submit all monitoring reports to ADB for review.

I. PROJECT DESCRIPTION

1. The Bihar Urban Development Investment Program is expected to improve the urban environment and living conditions in targeted urban areas. The project will be implemented in four urban areas: Bhagalpur, Darbhanga, Gaya, and Muzaffarpur. The improvement in urban infrastructure will include rehabilitation, improvement, and expansion of: (i) water supplies, and (ii) sewerage and sanitation. 2. The project will be implemented using a multitranche financing facility. Project 1 funded by Tranche 1 comprises the Bhagalpur Water Supply Subproject. Preliminary design has been developed for the Bhagalpur Water Supply Subproject, and on this basis, social assessment was undertaken. 3. Subproject components for Bhagalpur Water Supply include 18 overhead storage reservoirs (OHSRs), pumping station, clear water reservoir, raw and clear water pipelines, distribution mains, renovation of existing water treatment plant and intake and household metering. Table 1 provides a description of subproject components in Bhagalpur.

Table 1: Water Supply Subproject Components – Bhagalpur

Component Features Proposal for

2026 Additional

Components for 2041

Remarks (Involuntary Resettlement Implications, if any)

1 Existing intake Renovation of civil structure. Replacement of electrical mechanical components required.

NIL Existing intake well at Barari to be renovated; no involuntary resettlement implications envisaged.

2 Existing WTP Renovation to a single WTP of capacity 17.3mld (from 12mld to 17.3 mld)

29-17.3 = 11.7 mld

To be renovated within the existing WTP location; no involuntary resettlement awaiting resettlement implication envisaged.

3 Clear water pumping main

DI K-9 pipe 47 km NIL Pumping mains will be laid underground adjacent to carriage within the ROW, and routed mainly along wider roads where adequate space is available.

4 Overhead Tanks

Tower type 18 nos. NIL 17 (out of 18) OHSRs will be constructed on government land. The remaining (1) OHSR will be constructed on land belonging to a private institution (school trust); permission for the same is under process (ULB has dispatched letter requesting permission for use of land for OHSR construction and will enter into an agreement with the school trust); Preliminary discussions with stakeholder reveal willingness to allow use.

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Component Features Proposal for

2026 Additional

Components for 2041

Remarks (Involuntary Resettlement Implications, if any)

5 Distribution pipelines

243 km Pipes will be laid underground in vacant lands adjacent to road carriageway, within the ROW. Works will extend to the presently uncovered areas in the south, west and eastern parts of the City.

6 Water Meter Connections (Class B)

52,000 nos. House service connections will be provided at each house with a consumer meter

dia = diameter, km = kilometre, m = meter, OHSR = overhead storage reservoir, ULB = urban local body, WTP = water treatment plant. Source: ADB. 2008. Project Preparatory Technical Assistance to India for Preparing Bihar Urban Development Project. Manila

4. Measures to avoid and minimize involuntary resettlement impacts included consideration of viable alternative sites and/or locations for subproject components, in accordance with the resettlement framework and the environmental assessment and review framework (EARF) to ensure that land acquisition and other involuntary resettlement impacts are avoided or minimized. Based on a thorough survey of all possible site alternatives, subproject components are proposed on vacant Government land, where available. The overall impacts are to be further minimized through careful alignment selection during detailed design and subproject implementation. 5. Screening of the subproject in Bhagalpur shows that neither land acquisition nor permanent physical displacement is required. On the basis of preliminary design, anticipated impacts are temporary, and will have impacts on non-titled persons for laying transmission mains, and hawkers and vendors during laying of networks. This resettlement plan is prepared for the Water Supply Subproject in Bhagalpur under the Investment Program‘s Project 1 funded under the MFF‘s Tranche 1. It addresses the involuntary resettlement impacts of the proposed Bhagalpur Water Supply Subproject and is consistent with the draft resettlement framework for the project.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

6. All land required for subproject components in Bhagalpur has been identified and as discussed in the previous section, there will be no land acquisition and or population displacement as a result of the subproject. There will be temporary impacts on non-titled persons for laying of transmission mains, and hawkers and vendors during construction of other pipelines. 7. The proposed subproject components are presented in Table 1. Subproject design minimizes land acquisition and resettlement impacts.1 The following works are confined within the compound of existing facilities and will not have any resettlement impacts: (i) provision of bulk and consumer meters, (ii) decommissioning of tube wells, (iii) replacement of pumping machinery and automation, and (iv) leak detection and rectification. Seventeen of 18 OHSRs, the WTP, provision of disinfection (chlorination) facilities, water quality testing laboratory and

1 Refer Annex 3 on site selection, which clearly reveals that all facility locations are proposed on government land or

on institutional land which will not require acquisition or displacement. Refer also, details of discussions with institutional stakeholders in Annex 3; it is evident that there is willingness to permit use of land for OHSRs as the proposed project is perceived as one that is greatly needed and beneficial for all.

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pumping stations will be in vacant government land. Only one OHSR will be in vacant land belonging to the Inter-level Muslim High School, which has, in principle agreed to allow construction of the proposed OHSR on its land; formal permission from the School‘s Management Committee, and lease agreement with the municipal corporation, Bhagalpur are under process. Work on clear water transmission and/or pumping mains will not have resettlement impacts since all 47 kilometres (km) of pipes will pass through the wider main roads which have sufficient vacant road rights-of-way (ROW). Work on distribution mains will also not require permanent land acquisition as it will be undertaken within the ROW, although it can cause temporary disruptions. 8. Annex 3 presents details available on proposed sites for project facilities (survey numbers, ownership and area), while Annex 4 presents sketches depicting footprints of proposed subproject components in each identified land parcel, clearly indicating that no acquisition is envisaged for 17 (of 18) OHSR sites, intake and WTP and that 15 of the 17 government OHSR sites and the WTP site are vacant lands. In two government school sites, impacts on presently unused sheds at the edges of the sites are envisaged; the sheds will need to be rebuilt, post OHSR construction.

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III. SOCIOECONOMIC INFORMATION AND PROFILE

9. To estimate the temporary impacts from an estimated 243 km of distribution network improvement for the subproject, three transect walks of 300 m each were conducted in Bhagalpur.2 Based on the transect walks and confirmation from project preparation engineers, there are impacts on two structures, presently lying unused in two government school compounds (OHSR 5-1 and 2-2 locations). Other impacts are confined to movable structures placed on ROWs. Estimated resettlement impacts based on extrapolations from the transect walks are presented in TableError! Reference source not found. 2.

Table 2: Summary of Resettlement Impacts S. No. Category Impact

1 Permanent Land Acquisition (Ha.) None

2 Temporary Land Acquisition (Ha) None

3 Temporarily Affected Persons 6124

4 Titled affected persons (temporarily affected) None

5 Non-Titled affected persons (temporarily affected hawkers and vendors)a 6124

5a Female affected persons (temporarily affected) 306

5b Child affected persons (temporarily affected) 306

5c Indigenous people/scheduled tribe affected persons None

5d Below poverty line affected person (temporarily affected) 612

5e Other (temporarily affected) 6124

6 Affected Trees/Crops None

7 Temporarily Affected Land under common use OHSR site 2/2-1

8 Affected Common Structures 2 sheds (one-room structures)

9 Average Income of affected persons (per month) Rs. 3,200

10 Income Sources Temporarily Affected Fruit, Vegetable, Tea sellers, roadside eateries, etc.

a Temporarily affected land under common use.

10. Temporary impacts of distribution network improvement will be on affected persons who are vendors with push carts, baskets and (moveable) tables (2,893) and those with repair stands having bamboo and tarpaulin structures (811). All such affected persons have makeshift structures and have squatted on the ROW for commercial purposes. 11. Affected persons will be assisted in moving to the other side of the road and returning after construction is completed. Where they are not required to shift, access will be ensured by the contractor. The construction period will be minimized and is estimated to be less than 30 days per section of work. The summary of socio-economic information based on transect walks presented in Table 2 reveals that 20% of temporarily affected persons are vulnerable affected persons including women, children and those with incomes below poverty line. The scope of land acquisition and resettlement identified is based on preliminary design and will be updated during detailed design. Annex 1 provides the methodology for transect walks and results.

2 Transect walks were conducted in three 300-meter sections namely DN Singh Road, Swami Vivekananda Path

and Barari (road in front of Mt. Carmel School) - representing high, medium and low density areas. In the absence of detailed designs, inputs were obtained from the program preparation engineer to assess the extent of impacts likely due to the proposed works. Refer to Annex 1 for methodology socio-economic questionnaire used during transect walks and summary of findings.

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IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

12. The resettlement plan was prepared in consultation with stakeholders. Detailed discussions were held with municipal officials, owners and users of sites where subproject facilities are proposed, academicians and/or environmental specialists based in Bhagalpur University, fishers in Bhagalpur and potentials beneficiaries (residents). Meetings and individual interviews of stakeholders, particularly potentially temporarily affected persons; and transect walks and interviews conducted to determine the potential impacts of subproject construction to prepare the sample subproject resettlement plan. Focus Group Discussions held with residents and/or users in and around each of the identified OHSR sites (refer to summary of discussions held at OHSR locations in Annex 2) revealed that the need for the water supply project in Bhagalpur is great and people recognize the potential benefits in terms of improved quantity and quality of water supplied. Even for OHSR sites that are part of school compounds (selected in the absence of any other suitable site in the vicinity), discussions with stakeholders (school authorities, students and residents of the locality) revealed the acute need for drinking water supply in the schools, there is a need for a good water supply system in recognition of its potential benefits, and that these subsumes all other concerns (Annex 2). The consultations with stakeholders helped in selection and finalization of subproject sites in Bhagalpur. 13. The location of the intake to be renovated is adjacent to an environmentally sensitive area (the Vikramshila Gangetic Dolphin Sanctuary on the River Ganges). Discussions with a fishers (Mallah community, belonging to Other Backward Castes category) revealed that they normally fish 5-8 km downstream of the intake point. The fishermen indicated the presence of an activist organization—the Jal Shramik Sammelan that aims to protect fishing rights of fishers (earlier, fishing rights on the Ganges were held by a few zamindars and/or land owning elite, who would contract out these rights to the Mallah community and take a share of their daily earnings; this practice is now stopped as a result of active lobbying through the Ganga Mukti Andolan launched by the Jal Shramik Sammelan). The broad perception of fishers met was that any effort at dolphin conservation would be good for the overall ecosystem and would lead to better harvests (in terms of increased availability of different varieties of fish) as well. The fishers met appeared to be aware of environmental issues as their livelihood depends on these. It is expected that conservation actions as part of the subproject will improve fishers‘ livelihoods. 14. As part of project preparation, a city wide stakeholder consultation workshop was held, to provide an overview of the project and subprojects to be undertaken in Bhagalpur and disclose the draft resettlement framework and resettlement plan. These two documents were in local language. These documents were also placed in Municipal Office, Revenue Department, and Bihar Rajya Jal Parishad (BRJP). These will be also be placed in the project implementation unit (PIU) office once established and in public locations. 15. Information continues to be disseminated to affected persons and beneficiaries through various media. The nongovernment organization (NGO) engaged to implement the resettlement plan will undertake consultations, information dissemination, and disclosure. A strategy for continued consultations and participation is in the resettlement framework. The finalized resettlement plan will also be disclosed in websites of the Asian Development Bank (ADB), state government, local government, project management unit (PMU), and PIU. ADB review and approval of the resettlement plan is required prior to award of civil works contracts; and compensation and/or assistance of affected persons is required prior to commencement of civil works.

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16. The consultation and participation plan identifies consultation and disclosure activities with specific reference to resettlement planning and implementation and environmental assessment and implementation of the environmental management plan to be followed for each subproject and the institutions responsible, see Annex 5 for details.

V. GRIEVANCE REDRESS MECHANISMS

A. Common Grievance Redress Mechanism

17. A common grievance redress mechanism (GRM) will be in place for social, environmental or any other project and/or subproject related grievances; each resettlement plan, indigenous people plan (IPP), and initial environmental examination (IEE) and/or environmental impact assessment (EIA) will follow the GRM described below, which is developed in consultation with stakeholders, including affected persons and NGOs. The GRM will provide an accessible platform for receiving and facilitating resolution of affected persons‘ grievances related to the project. Grievances and/or suggestions of affected persons can be dropped in suggestion boxes set up for the project in key locations including subproject sites, or conveyed through phone or mail. The Community Liaison Officer (CLO) of the implementing NGO will be responsible for conducting periodic community meetings with affected communities to understand their concerns and help them through the process of grievance redressal (including translation from local language, recording and registering grievances of non-literate affected persons and explaining the process of grievance redressal). 18. Grievances will first be registered at the Complaints Cell of the implementing NGO or PIU, who will resolve smaller issues and in case of larger issues, they will consult or seek the assistance of the Environment and Social Management Coordinator (ESMC), PMU.3 Grievances not redressed through this process within one month of registration will be brought to the notice of the City Level Committees (CLC) set up to monitor project implementation in each town. As a Grievance Redressal Committee (GRC), the CLC will meet every month (if there are pending, registered grievances), determine the merit of each grievance, and resolve grievances within a month upon receiving the complaint—failing which the grievance will be addressed by the state-level Project Steering Committee (PSC) . Further grievances will be referred by affected persons to the appropriate courts of law. The grievance redress process is shown in Figure 1. The GRCs will continue to function throughout the project duration.

3 The grievance redress process cannot address expropriation related issues. Grievances related to award of compensation can be addressed by the collector‘s office and a court of law.

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Figure 1: Grievance Redress Process

CLC = City Level Committee, GRC = Grievance Redress Mechanism, NGO = non government organization, PIU = project implementation unit, PMU = project management unit, PSC = Project Steering Committee. Source: ADB. 2008. Project Preparatory Technical Assistance to India for Preparing Bihar Urban Development Project. Manila.

B. Composition of GRC and PSC

19. The CLC, acting as a GRC will have District Magistrate (Chairperson), Mayor, Municipal Commissioner, Head, PIU (Convener), and City Level Heads of relevant departments (such as BRJP, Road Construction Department, Public Health Engineering Department, Electricity Board, State Pollution Control Board, Police, etc. and departments such as Forest Department, Railways etc.); Chairpersons of the concerned Municipal Corporation‘s Standing Committee; ULB officials including Municipal Engineer, Town Planning Officer, Medical and Health Officer; representatives from the affected village panchayat and/or community, if any, eminent citizens, CBOs and NGOs. The GRC and/or CLC must have a minimum of two women members. In case of any indigenous people impacts in future subprojects (not envisaged in case of Bhagalpur (under Tranche 1) and Muzaffarpur (under Tranche 2), the GRC and/or CLC must have representation of the affected indigenous people community, including at least one female indigenous person, the chief of the tribe or a member of the tribal council as traditional arbitrator (to ensure that traditional grievance redress systems are integrated) and an NGO working with indigenous people groups. 20. The PSC shall include, the Minister for Urban Development (Chairperson), State Chief Secretary (Vice Chairperson), and Ministers, Directors and/or representatives of other relevant government ministries and departments e.g. Finance, Planning, Public Health Engineering Department, Roads, BRJP etc., Mayors of respective Municipal Corporations and the Project Director (Member Secretary and Convener) as members.

NGO/PIU/PMU

Not Addressed

Affected Persons

PSC

Grievance addressed

GRC/CLC

Grievance addressed

Court of Law

Minor Grievances

Major Grievances

Not addressed

Grievance addressed Not addressed

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C. Areas of Jurisdiction

21. The areas of jurisdiction of the GRC—headed by the District Magistrate, will be (i) all locations or sites within the district where subproject facilities are proposed, or (ii) their areas of influence within the district. The PSC shall have jurisdictional authority across the state (i.e., areas of influence of subproject facilities beyond district boundaries, if any). D. Consultation Arrangements

22. This will include (i) group meetings and discussions with affected persons, to be announced in advance and conducted at the time of day agreed on with affected persons (based on their availability) and conducted by the CLO of the implementing NGO and PIU, at least twice during resettlement plan preparation, quarterly in the first year and semi-annually in subsequent years of resettlement plan implementation to address general and/or common grievances; and (ii) availability of CLO implementing NGO and Resettlement Officer, PIU on a fixed day of every week and/or fortnight (as required, based on the number of grievances) for one-to-one consultations. The implementing NGO will be responsible for ensuring that non-literate affected persons and/or vulnerable affected persons are assisted to understand the grievance redress process, to register complaints and with follow-up actions at different stages in the process. E. Record-keeping

23. Records will be kept by the PIU of all grievances received including contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. F. Information Dissemination Methods of the GRM

24. The implementing NGO will be responsible for information dissemination to affected persons on grievance redress procedure, who to contact and when, where and how to register grievance, various stages of grievance redress process, time likely to be taken for redressal of minor and major grievances, and other key grievance related information. Grievances received and responses provided will be documented and reported back to affected persons at their request, at the time of grievance registration (Annex 6 has the Sample Grievance Registration Form). The number of grievances recorded and resolved and the outcomes will be displayed and/or disclosed in the offices of the concerned local panchayat, ULB notice board, and the web. G. Periodic Review and Documentation of Lessons Learned

25. The implementing NGO and/or PIU shall periodically review the functioning of the GRM and record information on the effectiveness of the mechanism, especially on the project‘s ability to prevent and address grievances. H. Costs

26. All costs involved in resolving complaints (meetings, consultations, communication and reporting and/or information dissemination) will be borne by the PMU; cost estimates for grievance redress are included in resettlement cost estimates (Section IX).

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I. Legal Framework

27. The policy framework and entitlements for the project are based on: (i) government policies (Land Acquisition Act, 1894 [amended in 1984]; National Rehabilitation and Resettlement Policy, 2007; Bihar Land Acquisition and Resettlement and Rehabilitation Policy, 2007); (ii) ADB‘s Safeguards Policy Statement; and (iii) the agreed resettlement framework. Based on these, the following involuntary resettlement principles applicable are:

(i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative subproject designs;

(ii) where resettlement is unavoidable, time-bound resettlement plans will be prepared and census and socio-economic surveys of displaced persons will be conducted;

(iii) improve or at least restore the livelihoods of all displaced persons; (iv) carry out meaningful consultation with affected persons, host communities and

NGOs to ensure their participation in planning, implementation, and monitoring of the resettlement program. Provide for social preparation to ensure meaningful consultation, where required;

(v) vulnerable groups will be provided special assistance; (vi) land for land compensation if feasible; (vii) compensation based on replacement cost; (viii) ensure that displaced persons without titles to land or any recognizable legal

rights to land are eligible for resettlement assistance and compensation for loss of non-land assets;

(ix) pay compensation and provide other resettlement entitlements before physical or economic displacement;

(x) provision of relocation assistance; (xi) conceive and execute involuntary resettlement as part of a development project

or program. Include the full costs of resettlement in the presentation of project‘s costs and benefits;

(xii) establish an appropriate GRM; (xiii) disclose the resettlement plan, including documentation of the consultation in an

accessible place and a form and language(s) understandable to affected persons and other stakeholders; and

(xiv) monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons.

28. Policy framework and entitlements are further discussed in the resettlement framework. Annex 7 provides a comparison of national, state and ADB policies and identifies how the resettlement framework addresses gaps in present policies.

VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS

29. The Entitlement Matrix in Table 3 summarizes the main types of losses and the corresponding entitlements in accordance with Government and ADB policies.

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Table 2: Entitlement Matrixa

S No.

Type of Loss

Application Definition of

Entitled Person

Compensation Policy Implementation

Issues Responsible Agency

1 Temporary disruption of livelihood

(i) Legal titleholders; (ii) Tenants, leaseholders; sharecroppers; and (iii) Persons with non-recognizable claims (encroachers, squatters, hawkers, vendors, etc.).

(i) 30 days advance notice regarding construction activities, including duration and type of disruption. (ii) Contractor‘s actions to ensure there is no income and/or access loss consistent with the IEE.

b

(iii) Assistance to mobile vendors and/or hawkers to temporarily shift for continued economic activity.

c

(iv) For construction activities involving unavoidable livelihood disruption, compensation for lost income or a transitional allowance for the period of disruption whichever is greater.

Identification of alternative temporary sites to continue economic activity.

Valuation Committee will determine income lost. Contractors will perform actions to minimize income and/or access loss.

2 Impacts on vulnerable affected persons

All impacts Vulnerable affected persons

Livelihood. Vulnerable households will be given priority in project construction employment.

d

Vulnerable households will be identified during the census.

NGO will verify the extent of impacts through a 100% surveys of affected households determine assistance, verify and identify vulnerable households and establish extent of demand and/or willingness to enrol in literacy and/or numeracy classes.

3 Any other loss not identified

- (i) Legal titleholders; (ii) Tenants, leaseholders, sharecroppers; and (iii) Persons with non-recognizable claims (encroachers, squatters, hawkers, vendors, etc.).

Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Framework.

- NGO will ascertain the nature and extent of such loss. PMU will finalize the entitlements in line with the resettlement framework.

IEE = initial environmental examination, NGO = nongovernment organization, PMU = project management unit. a

Entitlements Matrix presented here is for identified and unforeseen impacts. A detailed Entitlement Matrix for different loss categories is given in Resettlement Framework Document.

b This includes: (i) leaving spaces for access between mounds of soil; (ii) providing walkways and metal sheets to maintain access across trenches for people and vehicles where required; (iii) increased workforce to finish work in areas with impacts on access; (iv) timing of works to reduce disruption during business hours; and (v) phased construction schedule and working one segment at a time and one side of the road at a time.

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c For example assistance to shift to the other side of the road where there is no construction.

d Affected children, women, and other vulnerable affected persons to be provided special assistance in the form of literacy and numeracy classes, following a demand survey .

VII. INCOME RESTORATION AND REHABILITATION

30. Affected persons will be provided 30 days advance notice to ensure no or minimal disruption in livelihood. If required, they will also be assisted to temporarily shift for continued economic activity; for example, they will be assisted to shift to the other side of the road where there is no construction. Ensuring there is no income or access loss during subproject construction is the responsibility of contractors. Consistent with the environmental assessment, contractors will ensure: (i) that space is left for access between mounds of soil; (ii) walkways and metal sheets provided to maintain access across trenches for people and vehicles where required; (iii) increased workforce is available to finish work in areas with impacts on access, and timing of works in such areas that it reduces disruption during business hours; and (iv) phased construction schedule is followed and work undertaken on one segment at a time and one side of the road at a time. 31. Should construction activities result in unavoidable livelihood disruption, compensation for lost income or a transitional allowance for the period of disruption, whichever is greater, will be provided. Vulnerable affected persons will be given priority in project construction employment. Highly vulnerable affected persons such as child laborers and woman-headed households shall be identified and given the opportunity to enroll in literacy and/or numeracy camps (14 day camps), following a demand survey by the implementing NGO to determine proportion willing to enroll. 32. Compensation and assistance to affected persons must be made prior to possession of land and/or assets and prior to the award of civil works contracts. 33. For OHSR sites proposed within school compounds, care must be taken to ensure that the present use of the major portion of such land (as playground) is not affected. In addition, each of the government schools will be provided water connections; the primary and middle school presently lacking toilet facilities will be provided toilets for boys and girls. The Inter-level Muslim High School (the only affected non-government school) will be provided a water connection and toilet facilities for boys and girls. These measures will lead to further positive outcomes for the subproject.

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN

34. The resettlement cost estimate for the subproject (Table 4) includes eligible compensation, resettlement assistance as outlined in the entitlement matrix, and support cost for resettlement plan. The government will finance resettlement implementation. The total resettlement cost for the subproject is Rs6.725 million.

12

Table 3: Summary of Resettlement Costs

Tranche 1 Bhagalpur

Water Supply (INR)

Cost in INR

Resettlement plan preparation

Census/socio-economic survey of affected persons, Inventory of assets, reports

Personnel Costs

Personnel Costs of PMU/PIU/PMC personnela

Resettlement plan Implementation

Administrative and implementation costs : Implementing NGO

NGO engagement (personnel costs, office rental, physical facilities and materials)b 2,500,000

resettlement plan updation and/or surveys 200,000

Demand Surveys of Vulnerable affected persons for Literacy/Numeracy workshops 150,000

Internal Monitoring Surveys and/or Reporting 200,000

Assistance/Compensation/Mitigationc

Compensation for loss of landd -

Mitigation measures 1,350,000

Assistance/compensation for loss of non land assets to non-titled persons 200,000

Rebuilding affected structurese 200,000

Grievance Redress

Meetings, Consultations and Reporting 200,000

Contingencies

Price (5%) 300,000

Physical (20%) for unanticipated impacts such as temporary impacts on structures or temporary loss of land), cost of renting out space and/or hiring labour to move vendors, cost of moving kiosks, reconstruction of movable structures, if required etc.; or livelihoods training for fishing community and / or literacy and/or numeracy camps for affected child labour and other highly vulnerable affected persons

f

1,425,000

TOTALg 6,725,000 ($0.15

million) a Personnel costs for Resettlement/Social Development Specialists in PMU/PIU/PMC and utility shifting costs

included in Detailed Cost Estimates for the investment program, are not presented in the above table. Utility shifting costs shall be borne by state government of Bihar and/or ULB (as part of their 30% share of project cost). b

The Implementing NGO will be involved in resettlement as well as other activities such as IEC and/or disclosure, consultation and participation, implementation of components of environmental management plan, etc., NGO engagement costs indicated above cover all of these aspects. NGO will have to identify vulnerable and women-headed household in consultation with ULB, to ensure their inclusion in the project its benefits. This is related to broader project goals and is included in resettlement plan implementation costs as it is an activity to be undertaken by the NGO. c Since transect walks revealed that all affected persons can be assisted to shift to nearby locations and are

willing to do so, no economic impact is anticipated. d Toilet facilities requirement estimation could not be undertaken on the basis of norms due to space restrictions

(inadequate land available for provision of toilets as per norm). Hence, requirement is identified on the basis of user demand and/or consultations with school authorities. Identified requirements are: for the government primary (1 unit), Government Middle School (4 units) and Muslim School (7 units). e A one-room temporary structure with tiled roof at OHSR location 5-1 and a one-room pucca structure at OHSR

location 2-2 (both in government school premises and presently not being used) will need to be demolished during OHSR construction and then re-built. f Estimation of cost of literacy and numeracy camps to be determined based on demand survey.

g Cost of consultation, participation and disclosure included in Detailed Cost Estimates of the investment

program (refer Annex 5), are not included in the above table. Source: ADB. 2008. Project Preparatory Technical Assistance to India for Preparing Bihar Urban Development Project. Manila.

13

IX. INSTITUTIONAL ARRANGEMENTS

A. Implementation Arrangements

35. The Urban Development and Housing Department (UDHD) of Government of Bihar is the executing agency for the project, which will receive strategic directions from a state-level Steering Committee. The PMU within UDHD will have an ESMC. Bihar Urban Infrastructure Development Finance Corporation (BUIDCo) will house the PIU at state-level (Patna). PIU field offices shall be set up in each project town to manage the implementation of subprojects. In addition, CLCs cum GRC will be set up in each project town to periodically review subproject progress, facilitate smooth implementation and finalize proposals for any legal, operational, and financial changes required, in discussion with the PMU and UDHD. 36. The ESMC, PMU will be assisted by project management consultants (PMC) who will prepare IEE/EIA/resettlement plan/IPP reports and provide advice on policy reforms. The PMU will endorse subproject IEEs/EIAs and resettlement plans/IPPs prepared by the PMCs and will have financing and monitoring responsibilities. ESMC will co-ordinate with national and state agencies to resolve inter-departmental issues, if any. ESMC will also monitor physical and non-physical activities under the investment plan and will monitor implementation of safeguards plans and guide PIU as and when necessary. The PMU, with support from PIU/PIU field offices (and implementing NGOs in case of resettlement and/or indigenous people issues) will ensure mitigation of negative environmental and social impacts due to the subproject, if any. The ESMC will oversee implementation the EARF/resettlement framework/indigenous people planning framework (IPPF) by the PIU/implementing NGO. 37. The PMCs will have an Environment Specialist and Resettlement/Social Development Specialist who will be responsible for the preparation of IEE/EIA and resettlement plan/IPP reports respectively. The Environment Specialist and Resettlement/Social Development Specialist of PMC will review and finalize all reports in consultation with the ESMC of PMU. The Environment Specialist and Resettlement/Social Development Specialist of PMC will submit periodic monitoring and implementation reports to PMU, who will take follow-up actions, if necessary. 38. The ESMC of PMU will endorse and/or submit periodic monitoring reports received from PMC to the Program Director, PMU who will then submit these to ADB. The monitoring report will focus on the progress of implementation of the IEE/EIA and EARF, resettlement plan/resettlement framework and IPP/IPPF, issues encountered and measures adopted, follow-up actions required, if any, as well as the status of compliance with the subproject selection criteria, and relevant loan covenants. The PMU will seek state government‘s clearance for submission and disclosure of the environmental and social monitoring report to ADB. B. Program Implementation Unit (PIU)

39. The PIU at state-level will have an Environment Officer and Resettlement Officer who will be responsible for implementation of the Environmental Management Plan in each EIA/IEE and the resettlement plan/IPP respectively. Both officers will undertake surveys and record their observations throughout the construction period to ensure that safeguards and mitigation measures are provided as intended. The PIU through the implementing NGO will be responsible for delivery of entitlements to affected persons. The PIU shall have an Environment Officer, a Resettlement Officer, and a Public Relations Officer. They will be responsible for implementing and monitoring safeguards compliance activities, public relations activities, gender

14

mainstreaming activities and community participation activities. It will be responsible for obtaining statutory clearances and obtaining no objection clearances from government agencies/other entities and entering into agreements with them for use of their land. It will also coordinate for obtaining right of way clearances with related State and National agencies. The PIU field office in Bhagalpur will have a Safeguard Officer who will be responsible for data collection for IEE/EIA and resettlement plan/IPP preparation and implementation. The PIU field office will obtain right of way clearances and prepare progress reports with respect to IEE/EIA and resettlement plan/IPP implementation. 40. The PIU shall recommend entitlements (finalized by PIU/design and supervision consultant [DSC]/NGO in consultation with affected persons), which will be examined/approved by the PMU, and will release payment. The PIU through the Implementing NGO will be responsible for delivery of entitlements to affected persons. Organizational procedures/institutional roles and responsibilities for resettlement plan implementation and steps/activities involved in delivery of entitlements are described in Table 5. C. Implementing NGO

41. The implementing NGO will assist the PIU in implementing and monitoring the resettlement plan/IPP (duly approved by the PMU and reviewed/cleared by ADB prior to implementation). The implementing NGO should have prior experience in resettlement and indigenous people issues, have staff fully conversant with provisions of resettlement plan/IPP and adequate understanding of norms and customs of and respect for indigenous peoples. NGOs hired for resettlement plan/IPP implementation will also be responsible for addressing HIV/AIDS, and core labor standards. The NGO to be procured should have experience in addressing such social issues. 42. The role of the NGO in resettlement plan implementation will be that of a facilitator of the resettlement process. The NGO will work as a link between the project and the affected community. They will educate the affected persons on the need to implement the project and subprojects, on aspects relating to land acquisition and resettlement measures and ensure proper utilization of compensation paid to the affected persons under the entitlement package. After the approval of the micro plans, the NGO will issue identity cards to the entitled persons. The NGO shall:

(i) Build a rapport with affected persons/indigenous peoples and PMU/PIU; (ii) Educate affected persons on their rights, entitlements, and obligations under the

resettlement plan/IPP; (iii) Ensure that affected persons/indigenous peoples including vulnerable

households receive their full entitlements; (iv) Where options are available, provide advice to affected persons on the relative

benefits of each option; (v) Assist affected persons on grievance redress through the established system;

and (vi) Collect data as required to help PMU monitor and assess progress.

43. The responsibilities of NGOs in resettlement plan/IPP implementation will include the following:

(i) Work in close co-ordination with the EMSC (PMU) to implement the IPP;

15

(ii) Facilitate transparency in process4 and public participation; (iii) Take lead in joint verification and identification of affected persons/indigenous

peoples/vulnerable households, enlist affected persons/indigenous peoples/vulnerable households, undertake counselling for livelihood restoration, dissemination of project policies, documents, etc.;

(iv) Identify training needs of CBOs/indigenous peoples/vulnerable groups for income generation activities/literacy and numeracy and ensure that they are adequately supported;

(v) Put forth grievances of affected persons/indigenous peoples to the GRC; (vi) Generate awareness about livelihood restoration/livelihoods skills development

activities and opportunities for employment in project related activities among affected persons/indigenous peoples/vulnerable groups, and help them to make informed choices;

(vii) Assist the Safeguards Officer (PIU) in disbursement of checks (monetary compensation) to affected persons;

(viii) Participate in public meetings and consultations as and when required; and (ix) Submission of periodic resettlement plan/IPP implementation reports to the

ESMC (PMU). 44. The success of NGO inputs will largely depend on their liaison with affected persons and other concerned government agencies. Arrangements would have to be made during the first month of project implementation to set up the various committees and implementation mechanisms required for the Program. 45. Figure 2 depicts the investment program‘s implementation arrangements for environmental and social safeguards.

4 The NGO will ensure that due entitlements flow to the affected persons/indigenous peoples/vulnerable households

in the most effective and transparent manner.

16

Figure 2: Bihar Urban Development Investment Program Environmental and Social

Safeguards Implementation Arrangements

BUIDCo = Bihar Urban Infrastructure Development Corporation, ESMC = environment and social management coordinator, NGO = nongovernmental organization, PIU = project implementation unit, PMC = project management consultants, PMU = project management unit, PRO = public relations officer, UDHD = Urban Development and Housing Department.

46. Table 5 gives the institutional roles and responsibilities for preparation and implementation of resettlement plan/IPP.

Table 4: Organizational Procedures/Institutional Roles and Responsibilities for Resettlement Plan Implementation

Activities Agency Responsible

Subproject Initiation Stage

Finalization of sites/alignments for subprojects PMU

Disclosure of proposed subproject details including land acquisition and proposed entitlements / mitigation measures by issuing Public Notice Meetings at community/household level with affected persons of land/property Disclosure of GRM/process Formation of Valuation Committees

PMU NGO/PIU PMU/PIU/NGO PMU

Report (IEE/EIA/resettlement plan/IPP) Preparation Stage

Conducting census of all affected persons PMU/PIU/NGO

Conducting FGDs/meetings/consultations/workshops during SIA surveys and IEE/EIA preparation

PMU/PIU/NGO

Computation of replacement values of land/properties proposed for acquisition and for associated assets

Valuation Committee/PIU

Categorization of affected persons for finalizing entitlements PIU/PMU

Formulating compensation and rehabilitation measures Conducting discussions/meetings/workshops with all affected persons and other

PIU/PMU PIU/NGO

BUIDCO/PIU

State Level

UDHD/ PMU ESMC

Resettlement Officer Environmental Officer PRO

PIU City level

Safeguards Officer

Displaced Persons

Implementing NGO

PMC

Resettlement/Social Specialist

Environmental Specialist

17

Activities Agency Responsible

stakeholders

Fixing compensation for land/property in consultation with titleholders Valuation Committee/PMU

Finalizing entitlements and rehabilitation packages for all affected persons PIU/PMU

Disclosure of final entitlements and rehabilitation packages PIU/NGO

Clearance of IEE/EIA/resettlement plan/IPP PMU/ADB

Sale deed execution and clearance/release of payment PMU

Delivery of entitlements PIU/NGO

Taking possession of land PMU

Implementation Stage

Implementation of proposed rehabilitation measures NGO/PIU

Consultations with affected persons during rehabilitation activities NGO/PIU

Grievance redressala NGO/Safeguards

Officer/GRC

Internal monitoring PMU/PIU

External monitoring (in case of Category A subprojects) External Agency

FGD=focus group discussions, GRC = Grievance Redress Committee, GRM = Grievance Redress Mechanism, NGO=nongovernmental organization, PIU = program implementation unit, PMU = program management unit, SIA = social impact assessment. a The program will have a GRM for redressing the grievances of affected persons, including

indigenous people communities, if any.

D. Institutional Capacity

47. Since no externally-aided urban infrastructure projects requiring capacity for environmental management planning, resettlement planning, implementation and monitoring in accordance with internationally accepted guidelines/safeguards frameworks have been implemented in Bihar, and presently, entities such as BUIDCo and ULBs do not have environmental/social safeguards personnel, capacity to handle environmental/involuntary resettlement/indigenous people impacts, gender and vulnerability issues, etc., needs to be built. The PMCs will be responsible for training of PMU and PIU staff on aspects such as environmental planning/resettlement planning/implementation, social protection and gender, including the specific recording, reporting, and disclosure requirements. 48. Owing to the complexity of projects with indigenous people issues, there will be a special focus on capacity building of government agencies and PMU/PIU staff on social (distinct social, economic and cultural traits and traditions of indigenous peoples and the importance of preserving them, including indigenous knowledge systems, etc.), legal (traditional rights over land and land tenure issues) and technical aspects in such projects, with an adequate budgetary provision. 49. The PMC will also be responsible for training the implementing NGO on provisions of EARF/resettlement framework/IPPF. Further, capacity building of community-based organizations (including indigenous people groups) in the project area will be undertaken by the implementing NGO to ensure that they are able to represent the affected groups more effectively. The PMCs shall undertake this task with external resources, e.g., anthropologists and development practitioners with relevant experience, as required. Additional measures to enhance institutional capacity include exposure visits of PMU, PIU, and Implementing NGO staff to other Indian states that have successfully implemented ADB funded projects.

18

E. Coordination with other Agencies and Organizations

50. The PMU will develop lateral linkages to achieve convergence/mobilize resources to benefit affected persons (e.g. establishing linkages with the government‘s livelihoods programs) and to achieve the desired results expected from IEE/EIA and resettlement plan/IPP implementation.

X. IMPLEMENTATION SCHEDULE

51. Resettlement implementation schedule is given in Table 6 below.

19

Table 5: Schedule of Resettlement Implementation

Activity Months

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Establishment of PMU (including

ESMC) and PIU

Appointment of SDS / Resettlement

Specialist (PMC)

Appointment of NGOs

Briefing of the CLC on GRC functions

Census and socio-economic surveys

(issuance of ID cards)a

Consultations and disclosure

Confirmation of government land to

be used and transfer from other

departments

RP preparationb

RP review and approval (PMU and

ADB)c

Issue notice to affected persons

Compensation and resettlement

assistance

Relocation as required

Skills training as required

Takeover possession of acquired

property

Internal monitoring

Handover land to contractors

Start of civil works

Rehabilitation of temporarily occupied

lands Immediately after construction

ADB = Asian Development Bank, ESMC = Environment and Social Management Coordinator, GRC = Grievance Redress Committee, NGO = nongovernment organization, PIU = program implementation unit, PMC = project management consultant, PMU = project management unit, SDS = social development specialist. a The census will be the cut-off date for non-titled affected persons. For titled affected persons, the cut-off date is the date of notification.

b The resettlement plan will be updated based on final detailed design and affected person census and surveys.

c Endorsement and disclosure of finalized resettlement plans consistent with the resettlement framework to be undertaken.

20

XI. MONITORING AND REPORTING

52. Resettlement plan implementation will be closely monitored to provide the PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. Internal monitoring will be undertaken by the PIU (through the NGO) with assistance from the PMU. Internal monitoring will involve: (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 any resettlement impact utilizing baseline information established through the socio-economic survey of affected persons undertaken during project sub-preparation; and (iii) overall monitoring to assess affected person status. Job charts will be given to the PMU indicating the targets to be achieved during the month. Monthly progress report will be prepared and submitted to PMU, reporting actual achievements against the targets fixed in their respective job charts and reasons for shortfalls, if any. The PIU will be responsible for managing and maintaining affected person databases, documenting results of affected person census, and verifying asset and socio-economic survey data which will be used as the baseline for assessing resettlement plan implementation impacts. The executing agency will submit all semi-annual monitoring reports to ADB for review (refer resettlement framework for further details).

Annex 1 21

Annex 1: Methodology for Estimation of Temporary Impacts

1. Transect walks were undertaken for estimation of temporary impacts in representative road sections in areas where water supply and sewerage pipelines and slum improvement is proposed. Transect walks were conducted using a standard format for recording details at 10 meters intervals and a checklist to gather socio-economic details on Affected Persons. Three transect walks were conducted by the survey team along with project engineers along proposed pipeline lengths; one each in high, medium and low density areas, covering a length of 300 m in each. Based on the data gathered from transect walks and confirmation with program preparation engineers and concerned officials, the extent of temporary impacts were estimated/projected for the entire stretch of pipeline. 2. The following information was captured through transect walks: number of temporarily affected persons (titled and non-titled), their livelihoods, whether titled or non-titled, whether BPL/indigenous people/female-headed household, whether common structures/trees, etc., affected, whether income sources affected, etc.

CHECKLIST FOR TRANSECT WALKS: SOCIO-ECONOMIC SURVEY OF AFFECTED PERSONS

City____________________

1. Address/locality:__________________________________________________ 2. Name of respondent: _____________________________________________

3. Occupation and Income

Occupation Income (√ per day / per month / per year)

a. Primary Occupation

b. Secondary Occupation

4. Other Characteristics (Tick appropriate box):

Below Poverty Line Household Scheduled Caste Scheduled Tribe

Woman-headed Household Disabled Headed Household Child Labour

5. Characteristics of Structure (√)

a. Type Kutcha Semi-pucca Pucca

b. Use Residential Commercial

Residential-commercial / Other (specify) (√)

c. Status Own Rent/Lease (√) Other

d. Title (for ―Own‖ structure)

Titled Non-titled

e. Characteristics e.g. mobile / fixed

6. No. of occupants/employees ________________ 7. If employees, average Wages paid ____________ 8. Access to Common Facilities at current location (specify)_________________

22 Annex 1

Table A1: Summary of Socio-economic Information from Transect Walks Category Nos. Backward

Community, if any

Occupation Daily Income Range

Average Daily

Income

Remarks

High Density – DN Singh Road, Bhagalpur

Temporarily Affected Persons

32 (Including three below poverty line, of which 2 were woman- headed households and 2 children)

OBC-17, SC-3 and Religious Minority-2

Fruit, Vegetable, Tea, Datun (neem sticks) sellers and sellers of ceramic wares, posters, clothes, building material (cement, lime and mud) and a watch repairer etc.

Rs70 to Rs500

Rs175 All fruit and vegetable sellers had baskets or carts with wheels; tea seller had a table and tarpaulin cover; watch-repairer had a table; clothes seller had a temporary structure (bamboo and tarpaulin); poster seller used the footpath; ceramic wares seller used a push cart. Of the 2 children, 1 was a member of the family (owner of business) while another was an employee.

Low Density – Barari, Bhagalpur (road in front of Mount Carmel School and Protected Forest)


1

OBC-1- Tea and cigarette stall-

Rs120-150-

Rs135- Temporary wooden structure (moveable)

Medium Density – Swami Vivaekanand Path, Bhagalpur


Five (including one below poverty line)

a

OBC-2, SC-1 Tea stall, roadside eatery, two-wheeler repair mechanic, clothes ironing stall etc.

Rs80 to Rs150

Rs126 Tea stall had a moveable platform for making tea, a bench for customers and was tarpaulin covered; Roadside eatery had (moveable) tables and chairs and a temporary structure (bamboo and tarpaulin); Two-wheeler mechanic used the footpath (no structure); Clothes ironing stall was a temporary structure (bamboo and tarpaulin).

a Based Topographic Survey conducted in Bhagalpur, the total road length in the town is 317 km; 74 km will be covered by

water distribution networks under other programs. Of the remaining 243 km of roads, 20% are high density, 30% are medium density and 50% are low density roads. Summary of discussions held with persons likely to be temporarily affected:

(i) All hawkers and vendors are willing to shift to the other side of the road or nearby road for a few months during the construction phase (as they perceived that the water supply project is required in Bhagalpur and would benefit all residents);

(ii) About 20% of the vendors in the High Density Area had employees or dependent relations working with them, who are paid a fixed rate per day (ranging between Rs50–100 per day) or a share of daily profits (depending on their status); some of the owners do not hawk wares, but have employees to do so, who report every evening to the owners and hand over the profits to them; in turn, they are paid fixed daily wages (for a majority, ~Rs50 – 75 per day). Children and elderly women who are employed by persons other than family are paid the lowest wages (Rs30-50 per day)

(iii) Maximum sale/income in High Density Area is during the festivals (Diwali, Chhat, Id, Dussehra–October to December); hence it will be good if construction during these months/seasons can be avoided; vendors in other areas reported similar earnings throughout the year.

(iv) Lowest income in High Density Area is during the rainy season, income losses are highest in these season as buyers are less.

A

nn

ex 2

23

Annex 2: Summary of Discussions Held with Stakeholders at subproject Sites S. No.

Proposed zone

/OHT No.

Location and Site

description

Ownership Present features / land use

Sensitive features

Summary of Discussions with Local People

Pictorial view of site/location

1 4/4-1 Inside Balak Madhya Vidyalaya (Government school) at Barari

State government

Unutilised corner of playground

- Discussions with teachers, students & residents of the area (Krishna Devi, Lal Bhadur Singh, Beena Devi, Neelam and Bulu Devi) revealed acute felt need for improved water supply and drinking water facilities in school and surrounding areas.

2 4/4-2 On the open land, about 150 m opposite Sunderban; Anandgarh Colony near PHED Tank

Medical department

Open field, scrub land high spot

- Water pipeline laid in area, but no water supply at present. Acute need for improved system.

3 4/4-3 On the open space corner of Durga Ashram

Bhagalpur Municipal Corporation

Rubbish disposal - Discussion with Mr. Ajit Prasad Gupta, municipal conservancy staff working in the area and with residents of nearby localities (Mr. Harsh Vardhan

24

A

nn

ex 2

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



and Ms. Anju Majhi) revealed the need for improved water supply in the locality.

4 3/3-1 South side open space of municipality office bldg.


Open field, scrub land

Ann

ex 2

25

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



5 3/3-2 Within Rural Development Department premises in Adampur

Government of Bihar

Open field, shrub land -

6 3/3-3 Tripurapura Barahpura in the land of defunct tube well of Municipal Corporation


Shrub land - Surrounding land under Idgah Committee. Committee members (Md. Soin Ansari and Md. Ali Shabbir) expressed the need to address water problems in the locality.

7 1/1-1 Corner of University Campus

Bhagalpur University (government university)

Near Mango orchard - Mainly institutional stakeholders in area. Improved water supply system would benefit staff of these institutions and people living in the area. Discussion held with Prof CM Das, Registrar, who agreed in principle to allow use of the land required for an overhead

26

A

nn

ex 2

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



storage reservoir. Bhagalpur managing committee has sent a formal request to the Registrar for the use of the land.

8 1/1-2 North of Central Training School

Bihar government land

Scrub land, Vacant, High spot

Brief discussion with two guards revealed that the land in question is presently not used.

9 1/1-3 Mahshay Deodi in Champanagar

Municipal corporation

Play ground/ open land; Durga temple in one corner

- Area suffers from acute water problems, especially in summer.

Ann

ex 2

27

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



10 1/1-4 Abir Mishra Lane in Nath nagar


Open land Discussions with residents of nearby area (Md. Iqram Ansari, Md. Iqbal Khaleel). Ground water is not potable/usable for domestic purposes. Cloth dyeing workshop (Rangi Karkhana) in area led to ground water pollution.

11 2/2-1 Uppertola goaltoli jogsar Chunihari- tola


Open land and cattle pound Higher elevation; hence suitable for water tank.

- Residents and users of site (Alka Yadav, Amrita, Kallu Yadav) expressed the need for improved water supply as well as space to keep cattle. Hence, space below/ around water tank must be available for cattle-keeping.

28

A

nn

ex 2

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



12 2/2-2 Within school premises of government residential company Bagh High School

State goverrnment

Stack of building waste materials

- School authorities would be happy to provide space for water tank near school gate. New school building constructed recently with toilet facilities. Water is a felt need.

13 2/2-3 Inter-level Muslim High School

Land belonging to Muslim School Trust, Bhagalpur.

Vacant - Discussions held with Dr. Md. Zahirullah, Principal and Dr. Farukh Ali, General Secretary of School Managing Committee. In principle, both agreed to allow usage of part of school land for overhead storage reservoir; subject to approval by the Managing Committee. Municipal Corporation, Bhagalpur has sent a formal letter to the school authorities regarding the issue.

14 5/5-1 Rajakiyakrit Prathamik Vidyalay, Kalabganj

Municipal land One hand tube well - Discussion with Mr. Shekhar Kumar Gupta, School Teacher, students and residents of nearby areas. At present, no water supply in school and surrounding areas; residents face great difficulties related to water availability in summer; need improved water supply facilities.

Ann

ex 2

29

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



15 5/5-2 Agriculture Market Complex, Baghbari

State government.

Shrub land

30

A

nn

ex 2

S. No.

Proposed zone

/OHT No.

Location and Site

description


Sensitive features



16 5/5-3 Aliganj Katghat

Municipal Corporation

Tube well of corporation - Residents expressed that ever since tubewell of Corporation became defunct, they face great difficulty in getting water for domestic use.

17 5/5-4 Maulana Chowk Maidan

Municipal Corporation

Open ground -

18 5/5-5 Qawwali Maidan, Hussainabad

Government Land

Open ground - Extreme hardships faced due to water scarcity; residents are very keen on overhead storage reservoir being built at the location.

Ann

ex 3

31

Annex 3: Survey Number and Ownership Details of Selected Sites for Subproject Facilities S. No.

Location Overhead Tank zone/No.

Ownership Khata No.

Khasra No. Area (ha)

1 Balak Madhya Vidyalaya Government school Barari 4/4-1 Bihar Government Education Dept.

783 1118 0.155

2 Near Sundervan South of Road West of East Mount carmal school Barari

4/4-2 Municipal corporation 97 174 0.196

3 Tilka Manjhi Hatiya Durga Asthan-Near Water Tap Equipment

4/4-3 Anawad, Bihar Government 859 536,537,538 0.0345

4 South of Bhagalpur corporatiion office Old line 3/3-1 Municipal Corporation 807 158 (Kha) 0.065

5 Krishi Bajaar samiti, Bagbari campus 5/5-2 Bihar Government 1106 1909 3.5835

6 North Part C.T.S., Municipal corporation, Bhagalpur. 1/1-2 Lok Nirman Vibhag, Bhagalpur

598 819 2.625

Lok Nirman Vibhag, Bhagalpur

598 853 0.0765

7 Abeer Mishr Lain 1/1-4 Lok Nirman Dept. 601 755 0.0155

8 Company Bagh Residential School 2/2-2 Education Dept., Government of Bihar

907 35 0.353

9 Baharpura (Falmoor) near Tube Well equipment south of Mosque Baharpur Eidgaah

3/3-3 Municipal Corporation; Eigah Maidan

1866 1118 0.155

10 Rural development department, Aadampur 3/3-2 Rural Development Department, Government of Bihar

1089 1045 0.049

11 Bhagalpur Vishva Vidyalaya Campus 1/1-1 Bhagalpur University 1463 3391 0.148

12 Municipal Land near Mahashay Deuri 1/1-3 Municipal Corporation - - -

13 Upar Tola Gowal toli Jogsar 2/2-1 Municipal Corporation, Bhagalpur

479 325 0.0315

14 Inter-level Muslim School (On high way between Jain Temple--Railway line)

2/2-3 Muslim School Trust 595 68 0.062

15 Rajkiya Prathmik Vidyalaya, Kalbganj 5/5-1 Anawad Bihar Government 646 911 0.0865

16 Aliganj Katghar West of Tube well 5/5-3 Anawad Bihar Government 1110 865 0.052

17 Unused Slaughter House near Moulanachak Maidan 5/5-4 Municipal Corporation - - -

18 Qawwali Maidan Hussainabad 5/5-5 Municipal Corporation - - -

Source: Municipal Corporation, Bhagalpur Note: Bhagalpur Municipal Corporation to provide missing details in above list (extent of land area, survey numbers).

32

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Annex 4: Subproject Sites with Footprints of Proposed Facilities

OHSR 1

Ann

ex 4

33

OHSR 2

34

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ex 4

OHSR 3

Ann

ex 4

35

OHSR 4

36

A

nn

ex 4

OHSR 5

Ann

ex 4

37

OHSR 6

38

A

nn

ex 4

OHSR 7

Ann

ex 4

39

OHSR 8

40

A

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ex 4

OHSR 9

Ann

ex 4

41

OHSR 10

42

A

nn

ex 4

OHSR 11

Ann

ex 4

43

OHSR 12

44

A

nn

ex 4

OHSR 13

Ann

ex 4

45

OHSR 14

46

A

nn

ex 4

OHSR 15

Ann

ex 4

47

OHSR 16

48

A

nn

ex 4

OHSR 17

Ann

ex 4

49

OHSR 18

50

A

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ex 4

Ann

ex 5

51

Annex 5: Consultation and Participation Plan C&P Activity Target Stakeholders Type of

Participation Objectives of the C&P

Activity Responsible Unit/Persons

Time Frame Cost Estimate

Project orientation Workshop for government officials, officers, and staff on the Investment program (1 whole day)

50 government officials and staff per project orientation workshop consisting of representatives from the UDHD, BUIDCo, WDC, DOEF, BSPCB, WRD, BRJP, DOF, PDD, ULB officials and staff, especially the Municipal Corporations; and private contractors

Information sharing Consultation Shared responsibility Shared decision-making

Introduce the project Demonstrate the link between improved water supply and sewerage infrastructure and good health, women‘s empowerment, and environmental conservation (Note: Seminar topics and contents should be gender-sensitive, socially inclusive, and raise environmental awareness). Present Safeguards and Social Frameworks and Plans and disclosure requirements. Discuss roles and accountabilities of various government units. Discuss issues related to use of government lands / property for the project, environmental risks. Mitigate potential problems e.g., citizens‘ use of government lands and property that will be lost to the project such as school lands, public playgrounds, environmental risks especially to dolphins,

ADB Project Team, UDHD

Year 1: Two project orientation workshops (Patna, Bhagalpur)

$1,000

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C&P Activity Target Stakeholders Type of Participation

Objectives of the C&P Activity

Responsible Unit/Persons


Gather and agree on recommendations

4 POS for household heads on the investment program (half day) 2 POS for women only on the investment program (half day)

100 community members, preferably, household heads, with at least 30 women participating per project orientation seminar At least 50 women community members per project orientation seminar

Information sharing Consultation Shared decision-making

Introduce the project, highlighting its importance and benefits to the community Demonstrate the link between improved water supply and sewerage infrastructure and good health, women‘s empowerment, and environmental conservation. (Note: Seminar topics and contents should be gender-sensitive, socially inclusive, and raise environmental awareness). Present safeguards and social frameworks and plans. Gather concerns and views related to water supply and sewerage. Gather recommendations.

PIU, ULB, in cooperation with the WDC and NGOs.

Years 1-2: Bhagalpur

$ 1000/POS for household heads X 4 POS = $4,000

$ 500 / POS for women only X 2 POS = $4,000

Total: $8,000

Four FGD, and eight small group meetings on resettlement and compensation issues (half day)

Affected Persons: Farmers, titled and non-titled; landowners, representatives of affected schools (Bhagalpur and Muzaffarpur); and concerned NGOs per FGD 15 affected persons and NGO representatives per

Information sharing Consultation

Introduce the project. Mitigate potential conflict. Solicit the views of affected persons on resettlement and compensation. Agree on resettlement

PMU, PIU, ULB, in cooperation with NGOs

Yrs 1-2: Two FGDs, two small group meetings

$ 500/FGD X 1 = $500

$ 300/small group meeting X 2 = $600

Total: $1,100

Ann

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53





small group meeting processes, location, and compensation.

One consultation workshop with fishing communities in Bhagalpur (half day)

Representatives of fishing communities in Bhagalpur


Introduce the project, highlighting its importance and benefits. Discuss conservation issues and protection of common sources of livelihood. Discuss possible roles as community watchdogs. Mitigate potential conflict Explore alternative means of livelihood.

PMU, PIU, in cooperation with NGOs

Year 1 Consultation workshop = $500

One Consultation workshop (half day) with temporarily affected persons

50 hawkers/vendors, and small shopkeepers affected per city


Introduce the project. Demonstrate the link between improved water supply and sewerage infrastructure and good health, women‘s empowerment, and environmental conservation. Show possible livelihood/ business opportunities. (Note: Seminar topics and contents should be gender-sensitive, socially inclusive, and raise environmental awareness). Present social and resettlement framework and draft social and resettlement plans. Mitigate potential

PMU, PIU in cooperation with NGOs

Year 1: One consultation workshop

$1,500

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resistance to the project. Gather recommendations Agree on remedial measures.

One Consultation workshop with the academe, NGOs, and other civil society organizations (1 whole day)

50 representatives of the academe, NGOs, and other civil society organizations from Patna and the four project cities.

Information sharing/knowledge generation. Consultation Shared responsibility

Introduce the project. Demonstrate the link between improved water supply and sewerage infrastructure and good health, women‘s empowerment, and environmental conservation. Show possible livelihood/ business opportunities. (Note: Seminar topics and contents should be gender-sensitive, socially inclusive, and raise environmental awareness). Gather knowledge on conservation and mitigation measures. Mitigate potential resistance to the project. Discuss possible roles as watchdogs of the project‘s implementation. Gather other relevant recommendation

PMU, in cooperation with the WDC and NGOs

Year 1: One consultation workshop

Consultation Workshop = $1,000

Travel of participants from out of town = $500

Total: $1,500

Strategic and Action Planning Workshop (1 whole day)

PMU, members of the PSC, members of the Town/City Committee, PIU, and

Information sharing Shared responsibility.

Develop strategic and action plans in accordance with the project road map.

PMU, PIU, ADB Project Team

Planning Workshop: Annually

Planning Workshop: $1,000 X 5

Ann

ex 5

55





PMU/PIU Monitoring Meetings (half day) PSC Meetings (half day) Town/City Committee Meetings (half day)

private contractors / implementing firms from Patna and 4 project cities

Shared decision-making Control

Review compliance with social safeguards, environment, and gender frameworks and plans. Discuss progress in implementation, including problems encountered and means to mitigate/address them. Regularly report on the progress of implementation.

PMU, PIU Monitoring Meetings: Quarterly PSC Meetings: Annually Town/City Committee Meetings: Quarterly

years = $5,000

PMU/PIU Monitoring Meetings: $300 X 4 = $1,200

PSC Meetings: $300 X 4 years = $1,200

Town/City Committee Meetings: $300 X 4 X 4 years = $4,800

Participatory Monitoring Meetings (half day) (for community watchdogs)

20 representatives (50% women) from the community and civil society (representatives of CBOs, NGOs, ward committees, fishing communities, poor/slum communities, private sector) in each project city

Information sharing. Shared responsibility

Surface issues and concerns during project implementation. Discuss and recommend measures to mitigate/address the problems. Monitor progress of project implementation

ULB, NGO, WDC Participatory Monitoring Meetings: Semi-annually

$300 X 2 meetings X 4 years = $2,400

TOTAL COST OF CONSULTATION AND PARTICIPATION $28,200 (INR ~1.27 million)

ADB = Asian Development Bank, BRJP = Bihar Raiya Jal Parshad, BSPCB = Bihar State Pollution Control Board, BUIDCo = Bihar Urban Infrastructure Development Corporation, C&P = consultation and participation, CBO = community-based organizations, DOEF = Department of Environment and Forests, DOF = Department of Finance, FGD = focus group discussion, NGO = non-government organization, PDD = Planning and Development Department, PIU = project implementation unit, PMU = project management unit, POS = project orientation seminar, PSC = Project Steering Committee, UDHD = Urban Development and Housing Department, ULB = urban local body, WDC = Women‘s Development Corporation, WRD = Water Resource Department.

56 Annex 6

Annex 6: Sample Grievance Redress Form (To be available in Hindi, Urdu and Other Local Language, if any)

The _____________________________________Project welcomes complaints, suggestions, queries and comments regarding project implementation. We encourage persons with grievance to provide their name and contact information to enable us to get in touch with you for clarification and feedback. Should you choose to include your personal details but want that information to remain confidential, please inform us by writing/typing *(CONFIDENTIAL)* above your name. Thank you. Date Place of registration

Contact Information/Personal Details

Name Gender * Male * Female

Age

Home Address

Village / Town

District

Phone no.

E-mail

Complaint/Suggestion/Comment/Question Please provide the details (who, what, where and how) of your

grievance below: If included as attachment/note/letter, please tick here:

How do you want us to reach you for feedback or update on your comment/grievance?

FOR OFFICIAL USE ONLY Registered by: (Name of Official registering grievance)

Mode of communication:

Note/Letter E-mail Verbal/Telephonic

Reviewed by: (Names/Positions of Official(s) reviewing grievance)

Action Taken:

Whether Action Taken Disclosed:

Yes No

Means of Disclosure:

Annex 7 57

Annex 7: Summary Policy Frameworks

The Land Acquisition Act, 1894 and The National Policy for Resettlement and Rehabilitation 2007 provide the overarching framework for land acquisition and resettlement. In Bihar, compensation is determined based on principles of Bihar Land Acquisition and Resettlement Policy, 2007; for Bihar Urban Development Investment Program, Asian Development Bank‘s Policy Guidelines will also need to be followed. Table A7 provides a comparison of national, state and Asian Development Bank policies and indicates how the resettlement framework addresses gaps in present policy.

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Table A7: Comparison of National, State and ADB involuntary resettlement Policy

Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP

Remarks (Gaps between Government and

ADB policies and Action Taken in the resettlement framework to

Bridge the Gap)

1 Involuntary resettlement should be avoided wherever possible; early screening to identify involuntary resettlement impacts and risks.

Not defined in LAA Not defined in BLARRP NRRP aims to promote ‗non-displacing or least displacing alternatives‘ but does not clearly specify the need for early screening.

LAA and BLARRP do not deal with the minimization of involuntary resettlement. The resettlement framework requires early screening.

2 Minimize involuntary resettlement by exploring project and design alternatives. .

Not defined in LAA Not defined in BLARRP NRRP aims to minimize displacement and requires exploration of alternatives for the same.

LAA and BLARRP do not provide for minimizing resettlement and do not deal with alternate design. The resettlement framework clearly defines the procedures to minimize involuntary resettlement through proper alternate engineering design and adequate consultation with stakeholders.

3 Conducting census of displaced persons and resettlement planning.

Not considered in LAA Need for surveys of affected persons or resettlement planning is not provided for in BLARRP. However, BLARRP provides for 0.5% of site value upto a maximum of Rs2 lakhs towards resettlement costs, if requested by the landowner.

Defined in NRRP, however, NRRP is applicable only if 500 or more people in the plains / 200 or more ST households are affected. No project involving displacement of families beyond the defined threshold can be undertaken without a detailed Social Impact Assessment and resettlement planning.

LAA and BLARRP do not provide for census surveys of affected persons or need for resettlement planning. Only inventories of losses and lists of affected persons are prepared under these. ADB policy defines the need for a detailed census through household surveys of affected persons in order to assess vulnerability and other entitlements. This gap is addressed in the resettlement framework through incorporating the need for census survey of affected persons and resettlement planning in case of permanent or temporary losses, regardless of scale.

4 Carry out meaningful consultation with affected persons, host communities and

LAA notifies titleholders prior to land acquisition, but does not provide for any consultation with

BLARRP does not clearly define the need/process for consultation, participation and disclosure, however, its

NRRP provides for consultations with the affected communities at each stage, including public hearings in the affected areas.

LAA and BLARRP do not specify the need for ‗meaningful consultation‘, project disclosure (purpose of acquisition, entitlements,

Ann

ex 7

59

Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP



Bridge the Gap)

NGOs to ensure their participation in planning, implementation, and monitoring of resettlement program. ADB policy also provides for ‗social preparation‘ to ensure meaningful consultation, where required.

affected persons.

provision for higher solatium if landowner agrees to give land willingly, implies some consultation with affected persons.

compensation etc.) and participation. The Resettlement Framework for the project advocates a consultation process which involves all stakeholders (affected persons, government department/line agencies, local community, NGOs, etc.), and the consultation will be a continuous process at all stages of the project cycle such as project formulation, feasibility study, design stage, implementation and post implementation phase including monitoring phase.

5 Establish a GRM. Not defined in LAA Not defined in BLARRP The grievance redressal mechanism under NRRP includes Standing (R&R) committees at the district level, R&R committees at the project level, and an Ombudsman duly empowered in this regard.

The Resettlement Framework has special provisions for grievance redress procedures which includes formation of a GRC, complaints cells and requires the implementing NGO to have a CLO and disclosure of the scope of proceedings of meetings and consultations and their outcomes.

6 Improve or at least restore the livelihoods of all displaced persons.

Not defined in LAA BLARRP provides for livelihoods compensation to displaced agricultural labourers working on the affected land for >3 years through a one-time payment of two hundred days‘ minimum wages. However, it does provide for livelihoods restoration; it also does not consider loss of livelihoods for any other category of displaced person (other than agricultural labor).

NRRP provides for employment opportunities in the project, training, scholarships for education; wage employment in the project to titled as well as landless affected families.

While BLARRP recognizes livelihoods losses of non-titled agricultural labourers, there is no provision for restoration for lost incomes and livelihoods. Loss of livelihoods suffered by other titled/non-titled affected persons is not considered. The resettlement framework for the investment program provides for a census survey which helps create a database on income and livelihood losses; and compensation as per the entitlement matrix for both physically and economically affected persons.

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Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP



Bridge the Gap)

7 Land based resettlement strategy.

Not defined in LAA BLARRP provides for land-for-land compensation only when homestead land is being acquired subject to a maximum of 5 decimals of land.

Not defined for urban infrastructure projects such as the investment program (NRRP provides for land for land option in case of land development projects, irrigation/hydel projects and for affected schedule tribe/caste households).

Government policy does not adequately provide for the land for land option. The entitlement matrix of the resettlement framework provides for land for land compensation where feasible. Attempt will be made to find alternate land to compensate for loss of land if available, taking cognizance of the concurrence of host community and land value.

8 Compensation based on principle of replacement cost.

Not recognized by LAA BLARRP offers 95% of guidance value as solatium, while LAA gives only 30% as solatium. BLARRP offers 85% higher cash compensation than the rate provided for by LAA, if the affected person willingly gives the land; however, it does not provide for compensation at replacement cost.

NRRP specifies that compensation award shall take. into account the market value of the property being acquired, including the location-wise minimum price per unit area fixed (or to be fixed) by the state government. It also requires conversion to the intended category of use of the land being acquired (for example, from agricultural to non-agricultural) to be taken into account in advance of the acquisition, and the compensation award to be determined as per the intended land use category. (NRRP explicitly provides for replacement cost of land only for irrigation/hydel projects, if suitable land for land compensation cannot be given.)

Government policy does not provide for compensation at replacement cost. Where there are differences in the valuation of land and prices of affected assets, ADB prescribes the use of current market rates in the project area. The resettlement framework addresses all these issues and spells out a mechanism to fix the replacement cost by a Valuation Committee that will be responsible for deciding the replacement costs.

9 Provide relocation assistance to displaced persons.

Not recognized by LAA BLARRP provides for transitional assistance in the form of one-time assistance for temporary accommodation

NRRP provides for financial support, transportation costs, temporary and transitional accommodation to displaced

The entitlement matrix in the investment program‘s resettlement framework defines the eligibility and entitlement for relocation of the

Ann

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Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP



Bridge the Gap)

(Rs10,000) and one-time transportation assistance (Rs5,000) to affected persons losing homestead land. BLARRP also provides for 0.5% of site value up to a maximum of Rs2 lakhs towards resettlement/relocation costs, if requested by the landowner.

persons. affected persons through relocation assistance which includes shifting allowances, right to salvage materials and additional transitional assistance for the loss of business and employment.

10 Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

Not defined by LAA. Not defined by BLARRP NRRP recognizes non-titleholders as eligible affected persons only if they have been residing or engaged in any trade, business, occupation or vocation at the location continuously for a period of not less than three years.

This is a drawback of national law/policy compared to that of ADB. The process for verification of impacts and establishing the eligibility of different categories of affected persons (including non-titled affected persons) is outlined in the resettlement framework. The Entitlement Matrix provides for compensation to all affected persons whether physically or economically displaced irrespective of their legal status. The date of the census survey will be considered as the cut-off date and affected persons listed on the cut-off-date will be eligible for assistance.

11 Safeguarding needs of vulnerable groups.

Not defined in LAA Landless agricultural laborer working for >3 years on an affected property is the only category of vulnerability recognized and provided for under BLARRP.

NPRR recognizes the need for protecting the weaker sections of the society especially members of the scheduled castes and scheduled tribes. NPRR gives special provision for providing life-time monthly pension to the vulnerable persons. It also gives preference to schedule tribes and scheduled castes in land-for-land compensation.

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Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP



Bridge the Gap)

12 Disclose the resettlement plan, including documentation of the consultation in an accessible place and a form and language(s) understandable to affected persons and other stakeholders.

Not defined in LAA Not defined in BLARRP NPRR provides for mandatory dissemination of information on displacement, rehabilitation and resettlement and meaningful consultations with the affected communities at each stage, including public hearings in the affected areas.

LAA and BLARRP do not provide for disclosure. The investment program‘s resettlement framework ensures that the resettlement plan along with the necessary eligibility and entitlement will be disclosed to the affected persons in the local language (Hindi/Urdu) in the relevant project locations and concerned government offices and the same resettlement plan will also be disclosed in the websites of executing agency and ADB.

13 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project‘s costs and benefits.

No provision for resettlement planning as part of a development program or for involuntary resettlement costs to be considered.

Full involuntary resettlement costs not considered.

Addressed in NRRP, however, consideration of ―full cost of resettlement‖ not specified.

Though BLARRP and NRRP consider transitional and transport costs etc., they do not provide for full resettlement costs to be met. The resettlement framework provides eligibility to both titleholders and non-titleholders with compensation and various kinds of assistance as part of the resettlement package; the full cost thus becomes part of the project cost.

14 Pay compensation and provide other resettlement entitlements before physical or economic displacement.

Not defined under LAA. Not defined under BLARRP. NRRP specifies that full payment of compensation as well as adequate progress in resettlement shall be ensured in advance of the actual displacement of the affected families.

The resettlement framework stipulates that all land acquisition should be completed before relocation and all land required is to be handed over free of encumbrances to the contractor.

15 Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons.

Not defined under LAA. Not defined under BLARRP. NPRR stipulates the formation of a National Rehabilitation Commission to be set up by the Central Government, to exercise independent oversight over the rehabilitation and resettlement of

The resettlement framework has detailed provision for a monitoring system. The executing agency through the PMU will be responsible for proper monitoring of resettlement plan implementation and internal

Ann

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Sl. No.

ADB’s SPS (2009)

LAA BLARRP NRRP



Bridge the Gap)

the affected families. NPRR has also made provisions for a National Monitoring Committee, a National Monitoring Cell and Oversight Committees in the ministries/departments concerned for each major project to monitor project implementation. NRRP provides only for monitoring while the project is being implemented and not for assessment of resettlement outcomes.

monitoring. Verification by an external expert is provided for in case of Category A projects. The resettlement framework details the process of continuous monitoring and reporting of resettlement plan activities.

ADB = Asian Development Bank, BLARRP = Bihar Land Acquisition and Resettlement Policy, CLO = community liaison officer, GRM = Grievance Redress Mechanism, LAA = Land Acquisition Act, NRRP = National Rehabilitation and Resettlement Policy, SPS = Safeguards Policy Statement.

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