India: Jharkhand State Roads Project · ADB State Road Project in Jharkhand - 4 - LIST OF ABBREVIATIONS ADB Asian Development Bank BSR Building Schedule Rates BPL Below Poverty Line

Resettlement Planning Document

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Resettlement Plan for Govindpur–Jamtara Section Document Stage: Draft Project Number: 40005 May 2009

India: Jharkhand State Roads Project

Prepared by Road Construction Department, Government of Jharkhand.

ADB State Road Project in Jharkhand

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RESETTLEMENT PLAN

TABLE OF CONTENTS

List of Abbreviations 4

Executive Summary 5

Chapter 1 : The Project Background 10

1.1. Project Description 10

1.2. Project Benefits and impacts 11

1.3. Measures to minimize impacts 12

1.4. Objectives of the Resettlement Plan 13

Chapter 2 : Project State and Subproject District 14

2.1. Project State 14

2.2. Subproject Districts 15

Chapter 3 : Findings of the Resettlement Census Survey 17

3.1. Objectives of the Resettlement Census Survey 17

3.2. Methodology 17

3.3. Findings of the Resettlement Census survey 17

3.4. Gender impacts of the subproject 22

3.5. Types of Project Impacts 25

3.5.1 Impact on Agricultural land 26

3.5.2 Impact on Residential Assets 28

3.5.3 Impact on Commercial Assets 31

3.5.4 Impact on Residential cum Commercial Assets 34

3.6. Awareness & Perceptions of the affected households on the subproject

38

Chapter 4 : Impact on Indigenous Peoples in the Project Area 39

4.1. Schedules Tribes (ST) in Jharkhand 39

4.2. Key impacts of the Project on ST Households 39


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4.3. Involuntary Resettlement Impacts on Scheduled Tribes 42

4.4. Mitigation measures for ST Households 46

Chapter 5 : Resettlement Policy Framework & Entitlement Matrix 48

5.1. Introduction 48

5.2. Policy Framework – Review of Resettlement Policies, Legal Framework & ADB Requirements

48

5.3. ADB Policy on Involuntary Resettlement 49

5.4. Similarities & Differences between NPRR & ADB Policy 50

5.5. Resettlement Policy & Principles for the subproject 53

5.6. Entitlement Matrix 54

5.7. Cut-off Date 58

5.8. Valuation of affected assets 58

5.9. Disposal of Acquired Property 60

Chapter 6: Consultations & Stakeholder Participation 62


6.2. Methods of community consultation 62

6.3. Consultation – Scope & Issues 62

6.4. Feedback from Consultations 62

6.5. Disclosure of the Resettlement Plan 67

6.6. Plan for further Consultations and Community Participation during Project Implementation

67

Chapter 7: Institutional Framework 69


7.2. Executing Agency 69

7.3. Roles & Responsibilities 69

7.4. RP Implementation Schedule 74

Chapter 8: Cost Estimates & Budget 77

Chapter 9 : Monitoring & Evaluation 81


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9.1 Need for monitoring 81

9.2 Monitoring at EA level 82

9.3 Stages of Monitoring 82

9.4. Reporting Requirements 84

LIST OF ANNEXES

Annexure I : Resettlement Survey Questionnaires

Annexure II: Terms of reference for the NGO/agency

Annexure III: Terms of Reference for an External Monitoring & Evaluation Agency/Consultant


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LIST OF ABBREVIATIONS

ADB Asian Development Bank

BSR Building Schedule Rates

BPL Below Poverty Line

EA Executing Agency

FGD Focus Group Discussions

GOI Government of India

GRC Grievance Redressal Cell

HH Household

IPSA Initial Poverty & Social Assessment

IP Indigenous Peoples

JH Jharkhand

Kms Kilometers

LA Land Acquisition

NGO Non-Government Organizations

NPRR National Policy on Resettlement & Rehabilitation

PPTA Project Preparatory Technical Assistance

PRA Participatory Rural Appraisal

RP Resettlement Plan

RO Resettlement Officer

R&R Resettlement & Rehabilitation

SC Schedule Caste

Sq.mts Square Meters

ST Schedule Tribe

TORs Terms of Reference


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EXECUTIVE SUMMARY

A. The Project

The Jharkhand (JH) State Highway Project entails the upgradation and improvement of the existing State roads of Jharkhand with ADB assistance under the ADB’s Country Operations Business Plan (2007-2009). The project will rehabilitate the deteriorated and damaged state road corridors to provide reliable road transport services and hence reduce poverty in the long term. The Executing Agency (EA) for this project will be the Jharkhand State Road Construction Department (JHRCD) which is responsible for about 6800 kms roads consisting of NH’s, SH’s and District roads.

In accordance with ADB’s procedure for Project lending, a project road has been selected in the state of JH for project preparation and processing. This subproject comprises of the upgradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet – Sahebganj comprising of a total length of 310.7 kms, traversing through a total of six districts in the state. This existing road will be converted into a 2 lane State Highway under the Project.

B. Project Benefits and Impacts

The Project will augment connectivity between the six districts (Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahibganj) and will lead to the easy accessibility of the local people to essential socio-economic services such as health care, education, administrative services and trade centres enhancing the general quality of life. One of the key problems faced by the local people presently is the lack of means of transport, as very few public transport ply on these roads due to the poor road condition. The limited transport vehicles that do ply charge nearly double fare particularly making accessing socio-economic services difficult for the poor communities in the area. The Project, by improving road condition, is anticipated to improve access and transport options manifold thereby benefiting the locals particularly the poor.

The project corridor takes off from Gobindpur junction on NH-2, is the first package of the project corridor, which is heavily built-up with commercial structures on both sides of the corridor leaving a carriageway of not more than 7-8 meters. The package starts at Gobindpur and passes through Borio More via Pokhariya – Palubera - Karamdah ghat – Narayan pur- Chhattan More and reaches Jamtara, this package is in two districts i.e. Dhanbad and Jamtara. The corridor is of 80.7kms and consists of one bypass, namely the Jamtara Bypass.

As part of the Project, the existing road in Package I would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters1. Taking into account the widening involved, despite the anticipated social economic benefits, the Project will necessitate land acquisition hence entailing involuntary resettlement. In order to assess the Project level resettlement impacts, a detailed census survey was undertaken package 1 In case of Jamtara & Dumka bypass, in some places a total widening of 45 meters will be undertaken taking into account technical specifications. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.


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wise from January 2008 onwards. During the survey, it is estimated that a total of 835 households will be affected in Package II – Govindpur- Jamtara subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of 86.25 acres of land and 1069 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets, trees etc) will be affected as a result of the subproject improvements.

The data gathered from the census survey reveals that amongst the affected 835 households, majority of the affected households (41%) would lose their agricultural land. This is followed closely by those households who would lose their residential assets (38%) while 10% of the affected households each would incur impact on commercial and residential cum commercial assets respectively.

Table A below presents a summary of the impacts and affected population in Package I.

Table A: Summary Profile of Affected Population in Package I: Govindpur - Jamtara

Description Units

Total Project Affected Households 835 households

Total Project Affected Persons 7345 persons

Average Family Size of affected households 8.7 persons per family

Total land getting affected 86.25 acres2

Total affected assets 1069 assets3

Out of the total affected households, no. of Households with vulnerabilities 347 households

Total No. of Affected Tenants 49 Tenants

Total No. of Affected Employees 38 Employees

Main Occupation of Affected households

Majority of the households deriving their incomes and livelihoods from more than one source namely – non-agriculture labor, Agriculture and Trade & Business, etc.

Source: Resettlement Census Survey, 2008

C. Measures to Minimize Impact

All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. In order to minimize impacts to the maximum possible 2 Includes agricultural land, residential land, commercial land, residential cum commercial land, other asset (such as cattle shed and store) land. 3 Includes assets such as structures, agricultural plots.


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extent, adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. The key technical efforts undertaken to minimize impacts comprise of – provision for - a) Community bypasses in several village areas and built up areas and into a more rural setting, b) reduction of Alignment & following existing road alignment in critical areas, and c) adoption of toe wall approach in embankment construction.

D. Objective of the Resettlement Plan

The resettlement plan (RP) is guided by the National R&R Norms - 2009, JH R&R Norms – 2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006).

The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. The RP is based on the general findings of the resettlement census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.

E. Stakeholder Participation and Disclosure of RP

Local level stakeholders were consulted in the subproject area while conducting initial social and poverty assessment. Similarly, due consideration was also given for Stakeholder consultations and community participation at different levels during RP preparation.

A summary of this Resettlement Plan (RP) will be translated into Hindi and Santhali and will be made available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of subproject-level Disclosure workshops prior to loan negotiation. Copies of summary RP will also be made available at the local level public offices such as revenue offices and gram panchayat to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RP will also be disclosed on the ADB Website.

F. Implementation Arrangements & Grievance Redressal

Executing Agency (EA) of the State Road Project in Jharkhand is the Road Construction Department (RCD) of the State government and will be responsible for overall strategic guidance, technical supervision, execution of the project, and ensuring compliance with the loan covenants. Project Implementation Cell under Road Construction Department will be established in Ranchi. This PIC will be headed by a full-time Director (ADB Project) reporting to the Secretary – RCD.

PIC would also ensure monitoring any changes to the subproject design. In case of change in subproject design thereby entailing change in resettlement impacts, a re-evaluation and updating of the RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of


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civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and ERA website4 after ADB review and approval. PIC would also ensure that resettlement budgets are delivered on time for RP implementation. A field based District level Implementation Cell, headed by an Executive Engineer and assisted by a dedicated R&R Officer (RO) to implement the RP, will be responsible for the day-to-day implementation of the RP. This DIC will be assisted by local NGOs.

In order to resolve and address the grievances of the communities and people affected, a Grievance Redressal Cell would be established at the District Implementation Cell level. This Cell will comprise of the Executive Engineer, local NGO representative, community leaders (non- political), representatives of affected persons including women and vulnerable groups.

To facilitate inter-departmental coordination as well as ensure speedy resolution of issues and grievances of the communities, a District level task force chaired by District Collector and comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO), Executive Engineer and Additional District Magistrate and Relief Officer has been constituted at the each district level.

All compensation and other assistances5 will be paid to all APs prior to commencement of civil works. A detailed implementation schedule for the various activities is provided in Figure 7.2 in the main text.

G. Budget

The total estimated cost for resettlement operation and management for the Project is Rs. 210,011,092 (US$ 5,000,264).

H. Training, Monitoring & Evaluation

An orientation and training in resettlement management will be provided under the Project by the ADB Consultant on NGO Engagement to the NGOs focusing on issues concerning - (i) principles and procedures of land acquisition; (ii) the policies and principles agreed under the ADB loan; (iii) public consultation and participation; (iv) entitlements and compensation disbursement mechanisms; (v) Grievance redressal and (vi) monitoring of resettlement operation.

The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for the PIC, which will oversee the timely implementation of R&R activities. Internal Monitoring will be carried out by the PIC and its agents, such as NGOs and will prepare monthly reports on the progress of RP Implementation.

External (or independent) monitoring will be hired by ADB to provide an independent periodic assessment of resettlement implementation and impacts to verify internal

4 The ERA website is presently under construction. 5 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.


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monitoring, and to suggest adjustment of delivery mechanisms and procedures as required.


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CHAPTER I:

THE PROJECT

1.1. Project Description

The Jharkhand (JH) State Highway Project entails the upgradation and improvement of the existing State roads of Jharkhand with ADB assistance under the ADB’s Country Operations Business Plan (2007-2009). The project will rehabilitate the deteriorated and damaged state road corridors to provide reliable road transport services and hence reduce poverty in the long term. The Executing Agency (EA) for this project will be the Jharkhand State Road Construction Department (JHRCD) which is responsible for about 6800 kms roads consisting of NH’s, SH’s and District roads.

In accordance with ADB’s procedure for Project lending, a project road has been selected in the state of JH for project preparation and processing. This subproject comprises of the upgradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet – Sahebganj comprising of a total length of 310.7 kms, traversing through a total of six districts in the state. This existing road will be converted into a 2 lane State Highway under the Project. The sample subproject has been sub-divided into a total of four packages which are illustrated in Table 1.1 below:

Table 1.1: Detail of the sample subproject

Package Name of the Package Districts Covered Length (in kms)

Package I Govindpur – Jamtara

(Jamtara Bypass)

Dhanbad, Jamtara 69.7 Km

11.0 km

Package II: Jamtara – Dumka

(Dumka Bypass)

Jamtara, Dumka, Deoghar

75.5 Km

6.5 km

Package III: Dumka – Barhet

Sahebganj, Dumka, Pakur

98.1 Km

Package IV Barhait – Sahebganj Sahebganj 49.9 Km TOTAL 6 districts 310.7 kms

Source: Design Review Report, Sheladia

The project corridor passes through six districts of newly formed state of Jharkhand that are Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahebganj constituting the Santhal Parganas. Santhal Parganas constitute one of the administrative Divisions of Jharkhand state, India. This is now the one of the commissionaires of Jharkhand with its headquarters in Dumka. Presently, this administrative division has 6 districts, namely, (Godda, Deoghar, Dumka, Jamtara, Sahibganj and Pakur).


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The project region is situated in the north east of the state adjacent to West Bengal of which Dhanbad, Jamtara, Dumka, Deoghar and Sahebganj are the main towns. Dhanbad, known as the “Coal capital of India”, a big city along the National Highway (NH-2) popularly known as GT Road, is the nerve center of production and distribution of the coals due to its with all weather road connectivity. 1.2. Project Benefits and Impacts

The state roads network mainly comprises of the state Highways (SHs), Major District Roads (MDRs, Other District Roads (ODRs) and Rural roads (RR). The project aims at improving the state road mainly comprising of state highway and converting it into a two lane State Highway (SH) by upgrading and rehabilitating the existing road. The Project will augment connectivity between the six districts (Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahibganj) and will lead to the easy accessibility of the local people to essential socio-economic services such as health care, education, administrative services and trade centres enhancing the general quality of life.

One of the key problems faced by the local people presently is the lack of means of transport, as very few public transport ply on these roads due to the poor road condition. The limited transport vehicles that do ply charge nearly double fare particularly making accessing socio-economic services difficult for the poor communities in the area. The Project, by improving road condition, is anticipated to improve access and transport options manifold thereby benefiting the locals particularly the poor.

The project corridor takes off from Gobindpur junction on NH-2, this is the first package of the project corridor, which is heavily built-up with commercial structures on both sides of the corridor leaving a carriageway of not more than 7-8 meters. The package starts at Gobindpur and passes through Borio More via Pokhariya – Palubera - Karamdah ghat – Narayan pur- Chhattan More and reaches Jamtara, this package is in two districts i.e. Dhanbad and Jamtara.

As part of the Project, the existing road would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters6. Though the Project will involve improvements to a two-lane standard, the land acquisition undertaken by the government is as per the four-lane expansion criterion taking into account future expansion needs. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.

In order to assess the Project level resettlement impacts, a detailed census survey was undertaken packagewise from January 2008 onwards. During the survey, it is estimated that a total of 835 households will be affected by way of the project in the subproject districts of Dhanbad and Jamtara. Of these 317 HH fall under the jurisdiction of Dhanbad district while the rest 518 in Jamtara district.

6 In case of Jamtara & Dumka bypass, in some places a total widening of 45 meters will be undertaken taking into account technical specifications.


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The impacts incurred by the affected households would be in terms of loss of agricultural land and structures, which include residential, commercial as well as residential cum commercial. Majority of the affected households (41%) would lose their agricultural land. This is followed closely by those households who would lose their residential assets (38%) while 10% of the affected households each would incur impact on commercial and residential cum commercial assets respectively. A total of 86.25 acres of land and 1069 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets etc) will be affected as a result of the subproject improvements.

Table 1.2 below presents a summary of the impacts and affected population in Package I.

Table 1.2: Summary Profile of Affected Population in Package I: Govindpur - Jamtara

Description Units

Total Project Affected Households 835 households

Total Project Affected Persons 7345 persons

Average Family Size of affected households 8.7 persons per family

Total land getting affected 86.25 acres7

Total affected assets 1069 assets8

Out of the total affected households, no. of Households with vulnerabilities 347 households

Total No. of Affected Tenants 49 Tenants

Total No. of Affected Employees 38 Employees

Main Occupation of Affected households

Majority of the households deriving their incomes and livelihoods from more than one source namely – non-agriculture labor, Agriculture and Trade & Business, etc.


1.3 Measures to minimize impact

All necessary efforts have been made in order to minimize the subproject impacts and reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent, adequate provisions have been incorporated into the planning and design of

7 Includes agricultural land, residential land, commercial land, residential cum commercial land, other asset (such as cattle shed and store) land. 8 Includes assets such as structures, agricultural plots.


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the subproject to minimize or mitigate any unavoidable impacts. The key technical efforts undertaken to minimize impact are enumerated below:

1. Community bypasses in several village areas – Local realignments of the main route that have been introduced in order to shift the roadway (required to be widened to 12m overall) out of the built up areas and into a more rural setting. By doing so, this reduces the number of parcels / property owners affected by land acquisitions needed to meet the new RoW requirements. It also reduced the number of roadside building to be demolished.

2. Alignment - Outside of developed areas, the design has to the extent possible,

followed the existing road alignment. This has led in some case to what may be considered to be a somewhat 'sub-standard' geometric alignment for a new state highway facility but offers the advantage of minimizing impact on adjacent agricultural and forest areas.

3. Embankment construction - The introduction of 'toe' retaining walls in some areas of high fill construction in order to reduce the width of new RoW required. Furthermore, in a few areas the embankment is required to be constructed in or close to existing ponds. The 'toe' wall approach reduced the extent of the encroachment into important local resources.

4. Traffic management during construction – As far as possible the design has

included for the reconstruction of cross drainage structures to be in the same location as the existing that they are to replace and for the use of single-lane traffic flows during construction work. In several cases, this has eliminated the need for temporary road detours at such sites leading to corresponding reductions in (temporary) property acquisition and disturbance of local property usage.

1.4 Objective of the Resettlement Plan The resettlement plan (RP) is guided by the National R&R Policy - 2007, JH R&R Norms – 2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006).

The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. This RP is based on the general findings of the resettlement census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.


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CHAPTER II:

THE PROJECT STATE & SUBPROJECT DISTRICTS

This chapter presents an overview of the Project state highlighting the central issues for development such as demographic trends, state of the economy, poverty, literacy, and trends in urbanization. Socio-demographic as well as economic realities of the state of Jharkhand and the subproject districts of Dhanbad and Jamtara falling in Package I: Govindpur to Jamtara section has been detailed below.

2.1. The Project State

The state of “Jharkhand” (JH) as the name suggests spreads over most of the mountainous plateau and forest region of the erstwhile State of Bihar and covers most of Chotta Nagpur Region. Jharkhand became the 28th State of the Indian Federation on November 15th 2000. The State originally comprised of 18 districts. Later on, four new districts Simdega (out of Gumla), Latehar (out of Palammu), Saraikela (out of West Singhbhum) and Jamtara (out of Dumka) were carved out making 22 districts. Table 2.1 below presents the key socio-demographic data of the State and subproject district of Sahibganj through which Package IV traverses.

Table 2.1: Key socio-demographic data of the state and the Project district

Source: Census Report, 2001

2.1.1. Socio – Demographic Profile9

Location: The state of Jharkhand is bordered by Bihar, Madhya Pradesh, Orissa and West Bengal to its north, west, south and east respectively. The state is a plateau about 900 m above sea level. The highest part of the plateau is Netarhat, which has an elevation of 1100 m. The Parasnath Hill is the highest point with an elevation of 1460 m. The plateau is full of mountain ranges covered with dense forests. A number of rivers and rivulets flow down through the hilly terrains and valleys. Demographic Trends: Population of Jharkhand on 1st March 2001 was 269,45,829 which gives it 13th place among 28 States and 7 Union Territories of India. The population ratio between the State and India is 2.13 percent. Male to female ratio in 9 Source of information is Census Report, 2001 and Secondary data.

Decadal Growth Rate Sex Ratio Density

District Population 2001

1991 2001 1991 2001 1991 2001

Jharkand State 26,909,428 24.03 23.19 922 941 274 338

Dhanbad 2,394,434 22.70 22.82 819 874 950 1167

Jamtara 544,856 20.56 21.42 920 948 230 310


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the state is 941 females per 1000 males while in 1991 it was 922 females per 1000 males. The total area of the new state is 79.714 Sq.km, which is 2.52 percent to that of India. The density of Population in Jharkhand is 274 persons per Sq. km with a rate of increase in population during 1991-2001 of 23.19%, slightly higher than the India’s growth rate of 21.34%. Out of the total population, ST comprises 26.3% of the total (7,087,068) and SC comprises 12% (3,189,320) The state has a total of thirty (30) Scheduled Tribes. The Scheduled Tribes are primarily rural as 91.7per cent of them reside in villages. Santhal, Oraon, Munda, Ho, Kharia, Bhumij, Lohra and Kharwar are the major tribes found in the State of Jharkhand. The main languages spoken in Jharkhand are Santhali, Mundari, Kurukh , Khortha Nagpuria, Sadri, Kharia, Panchparagnia, Ho, Malto, Karmali, Hindi, Urdu, and Bangla. In some pockets Oriya, and Bhojpuri are also spoken.

Literacy: The recent literacy rate in the state is 54.13%, up from 41.39% in 1991 and it is second from the bottom among 28 States and 7 Union Territories. The female literacy rate improved from 25.52 per cent in 1991 to 39.38 percent in 2001.

2.2 Subproject District10

The following section presents a brief profile of the project districts of Dhanbad and Jamtara.

2.2.1. Dhanbad District

The Dhanbad district is situated in the state of Jharkhand and lies between 23°37'3" N and 24°4' N latitude and between 86o6'30" E and 86o50' E longitude. The district covers an area of 2509.5 sq. km. with total population of 23, 97,102. Out of this males constitute 53% and females constitute 47% of the total population. The percentage of population living in rural and urban area is 48% and 52% respectively. Administratively the district is divided into 1349 villages, 8 blocks and 311 panchayats.

The average literacy rate of this district is 74%, higher than the national average of 59.5%: with male and female literacy of 79% and 68%. 12% of the population of Dhanbad is below 6 years of age.

The Dhanbad district has 71127.88 ha of agriculture land. Out of this, irrigated area is only 5156.28 ha. The major crop grown in the district is paddy and other crops are wheat, pulses and vegetables. The forest area in the district is about 17728.29 ha. Dhanbad is particularly famous for its coal mines and industrial establishments; which play a key role in its economy and because of which it is referred to as the "Coal Capital" of India.

2.2.2. Jamtara District

The Jamtara district is situated in the state of Jharkhand and lies between 23°10’ N to 24°5’ N latitude and between 86°30’ to 87°15’ East longitude. The district covers an area of 177743 ha with total population of 5,97,287. Out of this male constitutes 51%

10 Source of information is Census Report, 2001 and Secondary data.


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and female constitutes 49% of the total population. Administratively, the district is divided into 1084 villages, 4 blocks and 118 panchayats.

Jamtara has an average literacy rate of 66%, higher than the national average of 59.5% with male and female literacy of 75% and 57%.13% of the population of Jamtara is under 6 years of age.

The Jamtara district has 65721 Ha of agricultural land. Out of this, irrigated area is only 5390 ha. The major crop grown in the district is paddy and other crops are wheat, pulses and vegetables. The forest area in the district is 7104 Ha.


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CHAPTER III:

FINDINGS OF THE RESETTLEMENT CENSUS SURVEY

The effective preparation and implementation of a Resettlement Plan largely depends to a large extent on appropriate and accurate socio-economic and resettlement census surveys of the affected households. The following chapter presents and discusses the findings of the resettlement census survey undertaken on the Package I: Govindpur – Jamtara 2008.

3.1 Objective of the Resettlement Census Survey The resettlement census survey is a comprehensive survey that covered 100% households getting affected by the subproject (Pkg I), irrespective of their entitlement or ownership status. This survey was undertaken along the subproject by a trained survey team comprising of social researchers.

The objective of the census survey was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A schedule was prepared to collect detailed information on the socio-economic status of the affected persons and households. In addition, considering the type of loss namely – residential, commercial, residential-cum-commercial, land etc of the AP a loss-specific schedule was filled for that AP. A copy of the survey tools used during the census survey is enclosed as Annexure 1.

The census survey identified 835 affected households comprising of 7345 persons will be affected by the subproject. The list of APs and the project database is annexed as Annexure 2.

3.2 Methodology The key methods employed by the team during the course of the survey are in order:

• Marking of affected assets and structures as per the engineering design; • One-to-one household interview with the affected households; • Small group consultations, key informant interviews and focus group discussions

were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials and property dealers during the survey.

3.3 Findings of the Resettlement Census survey The census survey has identified 835 households (HH), being affected the project in the sub project districts of Dhanbad and Jamtara. Of these 317 HHs (38%), fall under the jurisdiction of Dhanbad district while the remaining 518 HHs (62%) are in Jamtara district.


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The impacts incurred by the affected households would be in terms of loss of agricultural land and structures, which include residential, commercial as well as residential cum commercial. Majority of the people (41%) would lose their agricultural land. This is followed closely by those who would lose the residential assets (38%) while, another 10% and 11% of people would incur commercial and residential cum commercial asset loss respectively.

In terms of district wise distribution of losses, as table 3.1 suggests, in the subproject district of Dhanbad, of the 317 HH affected by the project, 40% of them would incur a loss of residential assets followed by 39% bearing an impact on their agricultural assets. Additionally, the project would affect commercial assets of 34 households accounting for 11% of the total affected households and residential cum commercial assets of 31 households. Thus, the maximum numbers of households bear an impact on their dwelling than on their source of livelihood.

In the other subproject district of Jamtara, 518 households are affected as brought forth by the census survey, accounting for 62% of the total affected households (835) in the subproject section. Unlike the pattern seen in Dhanbad, maximum number of households (220HH) i.e. 42% would incur an impact on their agriculture land followed by affect on residential assets (36%). In addition, 10% of the total affected households (518) in Jamtara would bear an impact on their commercial assets while another 11% on their residential cum commercial assets. As against the case in Dhanbad, we can see that the project impacts are largely on the source of livelihood of the affected households followed by that on their living quarters.

Table 3.1 :District wise Description of Type of Loss District wise Number of Affected Households TYPE OF LOSS

DHANBAD JAMTARA Grand Total Agriculture 124 220 344 Commercial 34 53 87

Residential cum Commercial 31 58 89 Residential 128 187 315 Grand Total 317 HHs 518 HHs 835 HHs

Source: Resettlement Census Survey, April-May ‘08

A. VULNERABILITY

There are certain sections of the society who are placed at the lower wrung of the development ladder due to their socio-economic status hence making them vulnerable in the process. Some of these socio-economically vulnerable households as identified and that would be affected as a result of the Package I construction comprise of - a) families below poverty line (BPL) category; b) Female headed household (FHH); c) Scheduled Caste (SC); d) Scheduled Tribe (ST); e) families headed by elderly and f) those with disability.


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In order to give due attention to such households, such households were identified during the course of the census survey and appropriate provisions to mitigate their losses as well as special provisions to ensure that they are not further marginalized in the process have been incorporated in the RP.

The census survey brought forth that of the total affected 835 households in the subproject section, 347 HHs fell in the vulnerable category, comprising 42% of affected households. Table 3.2 below enumerates the specific district wise socio-economic vulnerable households.

Table 3.2: District wise Vulnerability Status of affected households

District wise Number of Affected Households

Dhanbad Jamtara Type Of

Vulnerability

In No.s In %age

In No.s In %age Grand Total

BPL 43 74.13 15

25.86 58

Disabled 9 90 1

10 10

Elderly 9 9.67 84

90.32 93

FHH 50 92.59 4

7.40 54

SC - - 23

100 23

ST 36 38.29 58

61.70 94

Marginal farmer 2 50 2

50 4 Multiple

Vulnerability 6 54.54 5

45.45 11

NA 162 33.19 326

66.80 488 Grand Total 317 HHs 518 HHs 835 HHs


As seen in the table above (3.2), in the subproject section, 42% of the total affected households (835HH) are classified as vulnerable comprising of 347 households. The data reveals that, the maximum number (27%) of households among these 347 households, belong to the ST category. The dominant ST group in the subproject section is the Santhal’s. A detailed description of the socio-economic profile of the IP population in the subproject section is given in Chapter 4.

Further, elderly persons head an equal number of households (as the ST households) among the vulnerable affected households while women head another 16% of the households. The presence of the maximum number of vulnerable households headed by elderly as well as women is in Jamtara. Additionally, 58 households among the total vulnerable households are living below poverty line.

The census findings show that 3% (11HH) of the total 347 vulnerable households comprise of those who suffer from multiple vulnerabilities and it is important to note that of these, the maximum numbers of such households are ST households living


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below poverty line. This further raises the number of ST households in the subproject section and these reside in Dhanbad.

B. FAMILY STRUCTURE

The survey findings is reflective of the urban trends emerging in the subproject section as 44% (368HH) of the total affected households (835HH) are living in nuclear families. Of these 368 affected households with nuclear family, the majority 212 HHs were concentrated in Jamtara (58%) whereas the remaining 156 HHs (42%) are in Dhanbad. This is interesting as it indicates that the urban pattern of nuclear families is more visible in Jamtara than in Dhanbad, which is an established urban town in the State.

Also, it was seen that 24% of the total affected households (835HH) continue to live in joint family system wherein 10-15 members reside together with a common kitchen whereas 29% households live in the extended family system with more than 16 members living together. It is pertinent to note that in both the cases the maximum number of joint and extended family type households are in Jamtara indicating the urban character of Dhanbad viz-a viz Jamtara.

C. EDUCATIONAL STATUS

In the subproject area, the resettlement census survey showed very low rates of educational attainments amongst the respondent interviewed in the affected households as 39% (328HH) of them were found to be illiterate while another 2% of them were able to read and write as well as do basic mathematical calculations (functional literate).

Only 22% (187HH) of the respondents had completed their primary level of education. Interestingly the maximum number of such respondents were found in Jamtara as compared to Dhanbad which being an urban town has more centres of learning. Additionally, another 12% have reached the secondary level of formal education while less than half of this (6%) have studied up to higher secondary level. Further, there were only 18 graduates and 4 postgraduates among the 835 respondents suggesting the lower levels of educational attainments viz-a-viz higher education levels.

During the interactions with affected households, it was seen that one of the reasons cited for such low levels of literacy levels among the households was the poor condition of the existing road and the consequent poor transport services. Very few and irregular public and private run transport services are available for the general community and these are usually overloaded with people making it unsafe for many especially children. This limits their choice of educational centres especially for higher levels that are usually in major towns or districts.

Table 3.3 details the educational attainments of the respondents of the affected households:


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Table 3.3 :District wise Description of Educational Attainment

District Grand Total

Dhanbad Jamtara Educational Status

In No.S In

%Age

In No.S In

%Age

Illiterate 109 33.23 219

66.76 328

Functional Literacy 3 20 12

80 15

Primary 64 34.22 123

65.77 187

Secondary 56 54.90 46

45.09 102

Middle 40 36.03 71

63.96 111

Higher Secondary 23 51.11 22

48.88 45

Graduate 10 55.55 8

44.44 18

Post Graduate 2 50 2

50 4

No Response 1 50 1

50 2

Na 9 39.13 14

60.86 23 Grand Total 317 518 835

D. PRIMARY SOURCE OF INCOME

The State of Jharkhand is blessed with both agricultural land as well as rich mineral resources with many key national industries like Bokaro Steel Plant, Tata Steel Plant etc situated here. However, agriculture remains the mainstay of the economy with more than 80% of the population depending directly or indirectly on it. This is substantiated in the findings of the census survey in the subproject section where 13% of the affected households (835HH) derive their source of income solely from agriculture. Only 5% of the households depend on trade or business to earn their living.

Following from the low educational attainments of the respondents (Table 3.3) it can be gauged that with low levels of education, the skills and knowledge of many persons would be inadequate to warrant higher paying jobs. This is indicated by the fact that 3% of the total affected households deriver their livelihood from non-agriculture labour that involves construction activities, masonry while only there were only two households in subproject section who depend solely on government service for their living.

The survey reveals that 74% of the affected households depend on more than one source of income or their livelihood. As mentioned earlier, the majority of people depend on agriculture for their living. Yet the State as a whole has not been able to realize the optimum level of agricultural productivity. This is can be attributed to heavy dependence on monsoon which is rather erratic than irrigation, frequent spells of floods as well as droughts, small land holdings and low levels of farm mechanization.


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This largely forces people to depend on multiple sources of income which include income earned from diverse economic activities like wage labour activities (agriculture as well as non- agriculture), forestry which involves selling basic forest produce like mahua, tendu leaves as well as fuel wood, dairy etc depending on the opportunity for the same. the various sources of income of the affected households in the subproject section is enumerated in Table 3.4 below:

Table 3.4: District wise Description of the Sources of Income

District wise Number of Affected Households

Dhanbad Jamtara Sources Of Income

In No.s In %age


Agriculture 34 31.19 75

68.80 109

Allied Agriculture 1 50 1

50 2

Any Other 5 45.45 6

54.54 11

Govt. Service 2 100 - - 2

Multiple 251 40.68 366

59.31 617 Non Agriculture

Labour 8 29.62 19

70.37 27

Trade/Business 7 15.90 37

84.09 44

NA 9 39.13 14

60.86 23 Grand Total 317 HH 518 HHs 835 HHs


3.4 Gender Impacts of the subproject

A. Gender Analysis

Like many other countries in the developing world, Indian women too fare worse than men on most of the social indicators. Gender Development Index (GDI) which adjusts the average achievement of each country in life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, is a powerful tool for tracking the trends in women’s development. India with GDI value of 0.591 ranks 96th in the World (UNDP Human Development Indicators 2004) - this exhibits the lower value placed on women in India.

In comparison to the all-India sex ratio of 933 females per 1000 males, the state of JH fares better off with a sex ratio of 941 females per 1000 males (Census 2001). The subproject district wise sex ratio in purview of national context, the three subproject districts of Jharkhand have a higher ratio than the national ratio.

Literacy rate is another parameter to assess the status of women in the society. Table 3.5 below presents the literacy rate among the male and female population at the national, state and project districts level. The literacy rate prevalent in Jamtara is


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almost equal to the national level and higher than the state average while in Dhanbad it is higher than both the national and state levels. This can be attributed to the fact that Dhanbad is one of the most industrialized districts of Jharkhand thus better and higher numbers of basic services like education, medical etc are found here. In both the districts, female literacy rate is lower than the male literacy rate.

Table 3.5: Literacy rate of the Project districts

S.No. State/Districts Literacy rate (%) Male Female

1. India 65.38 75.96 54.28

2. Jharkhand 54.13 67.64 38.39 3. Dhanbad 74 79 68

4. Jamtara 66 75 57


Through the discussions and consultations held with the women, villagers and teachers in the project area, it was found that at the primary level the enrolment ratio of male and female is 50:50 but as the level increases the number of the female enrolment decreases with a sharp dropout particularly after the middle school amongst the girls. One of the reasons quoted for the dropout amongst girls was voiced as the unavailability of higher schools in and around the village and the lack of connectivity to the higher level education due to which many households on security and mobility grounds decline from sending their girls to school outside the village.

The Maternal Mortality Rate (MMR) in the state of Jharkhand is 504 maternal deaths per 100,000 live births against the national MMR of 540. The majority of the child births in the Project area and villages, as shared by the Anganwadi and local community, take place at home by the traditional Dais (midwives). In some tribal villages, women shared usage of axe for cutting of the umbilical cord of the newly born baby by the local dais raising serious concerns on aspects of health, and hygiene issues. On discussion with women groups, it was found that the major health problems faced by the women in the project area comprise of malaria, anaemia, maternal anaemia, jaundice and sexually transmitted diseases (STI). For the treatment of these diseases, in majority of the cases women either access the Public Health Centres in the villages or to the local doctors (quacks) and ANM’s. Only in case of the serious health problem, they go to the Hospitals situated in the nearest districts. Women pointed one of the barriers to accessing health facilities out as poor road condition. They shared that since the road condition is so poor that they largely take recourse to the medicine given by the local quacks for their ailments. Accessing health facilities become near impossible for many during night time and during rainy season particularly during child birth risking the life of both mother and child in case of emergencies.

Gender analysis was also undertaken during the course of the social assessments to look into the current status and needs of the women in the study area and the potential impact of the Project on them by means of undertaking PRA techniques such as decision-making, mobility mapping etc. In addition, series of FGD’s were held with women belonging to various socio-economic groups in the subproject


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/package area to capture women’s collective perceptions about social, economic and cultural norms and their ability to access facilities. Women’s were also consulted to take their views and perceptions on the Project impacts.

B. Gender impacts of the Project

The augmentation of road network and services, as per the women participants, will have far-reaching impacts on them and their lives. Firstly, they expressed that their mobility will be greatly enhanced. The Project would definitely augment the frequency and quality of the transport, thereby further improving access of women to various services and by and large women of various castes and communities on each of the project packages expressed the need for the road construction. They were of the opinion that they will especially benefit from the Project, since their mobility will be augmented both in terms of access to social services, as well as access to higher levels of schooling. The road construction would also considerably augment their access to higher levels of health care outside the village. In other words, the Project will provide both men and women and offer special benefits to women by increasing the opportunity for girls to access middle level and higher education, and the access for women and children to improved local services and higher levels of health care outside the village.

However, in terms of safety, women voiced some concerns particularly with regard to the safety of their children as they were of the opinion that the widening & up gradation of the road would increase the number of the vehicles thereby increasing the safety hazards for children, elderly as well as women. Another negative impact of the project considered by women is the loss of the assets that includes the land, houses and other assets.

The Project is anticipated to have direct adverse impacts on 56 FHHs of which 51 are in Dhanbad and only 5 in Jamtara. Table 3.6 below enumerates the impacts on Female headed households (FHH). As enumerated in the Table below, the majority of the FHH will incur impact on their residential assets followed by impact on agriculture land. In addition 7 residential cum commercial assets would be impacted by way of the project implying impact on the dwelling place of these households headed by women as well their source of incomes.

Table 3.6: Districtwise impact on Female headed households Name of the District

Dhanbad Jamtara Grand Total

Type of Loss

In No.s In %age

In No.s In %age

Agriculture 16 84.21 3

15.78 19 Commercial 1 100 - - 1

Others 1 100 - - 1

Residential cum Commercial 7 100 -

- 7

Residential 26 92.85 2 28


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7.14

Grand total 51 5 56 Source: Resettlement Census Survey, 2008

However, adequate provisions have therefore been made in this RP to provide additional assistance to these FHH so as to restore their livelihood.

3.5 TYPES OF PROJECT IMPACTS

The resettlement census survey brought forth that 835 HHs would be affected in the

subproject area. From the data, it was ascertained that 41% of the affected

households would incur loss of agricultural assets, 38% of residential assets, 11% of

R&C and rest 10.41% of commercial assets. Table 3.7.A. below enumerates the type

of loss/ affected assets.

Table 3.7.A :District wise Description of Type of Loss Districtwise Number Of Affected Households Type Of Loss Dhanbad Jamtara Grand Total

Agriculture 124 220 344 Commercial 34 53 87

Residential cum Commercial 31 58 89 Residential 128 187 315 Grand Total 317 HHs 518 HHs 835 HHs

Source: Resettlement Census Survey, 2008 The districtwise number and category of the total affected assets are provided in Table 3.7.B below. A total of 1069 assets belonging to 835 households will be affected as a result of the subproject construction.

Table 3.4.B :District wise Description of Type of Assets Affected

Districtwise Number of Affected Assets Dhanbad Jamtara Type Of Loss

In No.s In %age

In No.s In %age

Grand Total

Agriculture 168 Plots 29.06 410 Plots

70.93 578 Plots

Residential 128 Structures 40.63 187 Structures

59.36 315 Structures

Commercial 34 Structures 39.08 53 Structures

60.91 87 Structures

R&C 31 Structures 34.83 58 Structures

65.16 89 Structures Grand Total 361 Assets 518 Assets 1069 Assets



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In terms of land loss, the subproject improvements will entail a total land acquisition of 86.25 acres inclusive of agricultural11, residential, commercial and residential cum commercial land. (Table 3.7.C)

Table 3.7.C: Extent of Total Land loss Type of land plot affected Acre

Agricultural Land 61.85 acres Residential land 18.75 acres Commercial land 3.35 acres

Residential cum Commercial land 2.30acres

Total Land getting affected 86.25 acres Source: Resettlement Census Survey, 2008 3.5.1 IMPACT ON AGRICULTURAL ASSETS

The data from the census survey brought forth that 41% of the total AHH would incur loss of agriculture assets i.e. 344 HH would lose 578 plots. In Dhanbad, 317 affected households would lose 168 plots or 29.06% of the total affected plots. While in Jamtara, 518 affected households would incur a loss of 410 plots or 70.93% of the total affected plots.

A. TYPE OF LAND

The census survey revealed that all the affected plots belong to titleholders. As aforementioned only 13% of the affected households (835HH), depend solely on agriculture for their livelihood despite the fact that majority of the people in the State as a whole depend on agriculture for their livelihood. One of the prime reasons for the same is the heavy dependency on monsoon which is erratic than on regular means of irrigation leading to low agricultural productivity. This is reflected in the findings of the survey (See table 3.8) where 94% of the total 578 affected plots are unirrigated implying that most of the cultivators depend heavily on the annual monsoon for cultivation. Only 4% of the total affected plots are irrigated.

Table 3.8: District wise Description of type of land

Districtwise Number of Affected Plots

DHANBAD JAMTARA TYPE OF LAND

In No.s In %age

In No.s In %age

Grand Total

IRRIGATED 1 4.54 21

95.45 22

NA 2 18.18 9

81.81 11

UNIRRIGATED 165 30.27 380

69.72 545 Grand Total 168 Plots 410 Plots 578 Plots

11 Out of the total affected 61.85 acres of agricultural land, except for 0.98 acres, which comprises of Dhani Class I irrigated land, the remaining 60.87 acres comprises of cultivable but unirrigated land.


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B. EXTENT OF LOSS

The analysis of the impact ratio on affected plots brought forth that 16% of the total affected plots would incur impact of more than 10% of the total land holding. This would be classified as ‘significant’ as per the ADB policy.

Maximum number of affected plots (i.e. 245) would have an impact of 01-05% as found out by the survey. About 42% of the total affected plots would fall in this category followed by 17% of the affected plots with an impact on 5-10% of the total landholding. Nearly one-fourth of the total plots comprise of those with marginal impacts i.e. affecting than 1% of the total land plot. Table 3.9 enumerates the extent of loss incurred

Table 3.9: District wise Description of the Extent of Loss of Agricultural land


Dhanbad Jamtara Extent Of Loss

In No.s In

%age


01 - 05% 79 32.24 166

67.75 245

05 - 10% 27 27.55 71

72.44 98

Less Than 1% 35 26.71 96

73.28 131

More Than 10 % 25 26.88 68

73.11 93

NA 2 18.18 9

81.81 11 Grand Total 168 Plots 410 Plots 578 Plots


C. VIABILITY OF THE RESIDUAL LAND

As aforementioned, in the entire subproject section, the census survey identified 578 plots belonging to 344 households. However, as can be seen from the Table 3.10, only 21 of them would be rendered non-viable for further cultivation.

The census brought forth the preference of the households to whom these plots belong on whether they would like to retain the residual land or not. It is seen that the households losing 4 of these affected plots would like that the project should acquire the residual land, as they do not deem it viable for further use. They are of the opinion that they would not be able to use the residual land as not much of it would be left after acquisition. Hence they would like that the project acquire the entire plot and award compensation for the same.

On the other hand, the households to whom the rest 17 affected plots belong opine that they would like to retain the rest of the land. There were primarily two reasons for the same. Firstly, many people attached sentimental reasons to the land, as it is their


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primary source of income as well as part of family legacy. Secondly, many opined that with the widening of the road, they could put the residual land to some other use (commercial).

Table 3.10: District wise Distribution of Perception on Viability of Residual land

Districtwise Number of Affected Plots Dhanbad Jamtara

Perception

In No.s

In %age

In No.s In %age

Grand Total

NA 164 29.44 393

70.55 557 No, Would Like To

Retain 4 23.52 13

76.47 17

Yes - - 4

100 4 Grand Total 168 Plots 410 Plots 578 Plots


3.5.2. IMPACT ON RESIDENTIAL ASSETS

In the subproject section, 38% of the total affected households incur loss of residential assets comprising of 315 assets belonging to 315 affected households. Further, it is seen that all the affected residential assets belong to legal titleholders. Table 3.11 enumerates the ownership pattern of the affected residential assets in the subproject section.

Table 3.11: District wise Description of Ownership pattern


Dhanbad Jamtara Grand Total Legality Of Structure

In No.s In %age

In No.s In

%age

Owner 128 40.63 187

59.36 315 Grand Total 128 ASSETS 187 ASSETS 315 ASSETS


A. TYPE OF CONSTRUCTION

During the IPSA12 Study as well as census survey it was noticed that the majority of the residential structures in the subproject section are of the Kutcha type which are houses made of hay and mud. In the subproject section, 43% of the residential structures affected are of the Kutcha type while 19% were of the semi pucca type, which would generally mean that these are made of mud with a tin roof. However, only 10% of the residential structures were of the pucca or RCC type.

12 Refer IPSA Report 2007


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Interestingly, as seen in table 3.12, maximum number of Kutcha and semi pucca type houses are in Jamtara while majority of the pucca type houses are in Dhanbad reflecting the urban character of the district.

Table 3.12: District wise Description of Type of Construction of Affected Residential Assets


Dhanbad Jamtara Grand Total Type Of Construction

In No.s In %age

In No.s In %age

Kutcha 39 29.10 95

70.89 134

NA 49 54.44 41

45.55 90

Pucca 16 53.33 14

46.66 30

Semi Pucca 24 39.43 37



B. PORTION OF RESIDENTIAL ASSET GETTING AFFECTED

As shared earlier, 315 residential assets would be affected by way of the project. However, it does not imply that the living quarters of the affected households would be affected as many households would bear an impact on the homestead land available in front of their homes or on empty plots of land.

As seen in table 3.13, maximum number of assets would have an impact on the main structure of the assets accounting for 64% of the total affected residential assets. This is related to the proximity of the structure to the existing road as the closer it is to the road, the more chances of it to be affected by the project. Thus, these 203 assets are situated closer to the existing road. In addition, 89 assets would have an impact on the homestead land and not on the main structure directly. In case of the remaining structures, the impact would be on various portions of the assets like boundary wall, garden area etc.

Table 3.13: District wise Description of the type of Impact on Residential assets



Parts Of Asset Getting Affected

In No.s

In %age

In No.s

In %age

Main Structure 64 31.52 139

68.47 203

Plot/Land 49 55.05 40

44.94 89

Boundary Wall 1 50 1

50 2

More Than One 14 66.66 7

33.33 21


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Grand Total 128

ASSETS 187

ASSETS 315

ASSETS Source: Resettlement Census Survey, April-May ‘08

C. SEVERITY OF IMPACT

The data reveals that with the impact on the residential structures (315), 37% of them would be rendered non-livable or that the severity of the impact would make these not fit for further living thus warranting relocation and rehabilitation measures for the same. However, the rest 63.17% of them will have minor impact not affecting the complete structure as such. This is enumerated in Table 3.14:

Table 3.14: District wise Description of the Severity of Impact

Districtwise Number of Affected Plots Dhanbad Jamtara Grand Total

Severity Of Impact

In No.s In %age

In No.s In %age

Livable 84 42.21 115

57.78 199

Non Livable 44 37.93 72



D. RELOCATION AND REHABILITATION MEASURES

As aforementioned, though 315 assets would be affected by the project, only 116 assets would be incurring severe impacts making it non-livable. Their suggestions and choices regarding the relocation options were brought forth by the census survey. It was found that 61 HH opined for self-relocation options. This was mainly because they had more land on which they could shift their residential structures as well as their mistrust of the relocation site chosen by the government as most of them preferred to relocate within the village itself. However, the rest of the 55 affected households voiced their desire that they would want the project to assist them relocating to another site preferred by them. However, all of them expressed their need for adequate and timely compensation.

The following table enumerates the relocation option chosen by the affected households.

Table 3.15: District wise Description of Perception of R&R



Type Of Relocation Option

In No.s In %age

In No.s In %age

Project Assisted 22 40 33

60 55

Self Relocation 22 36.06 39

63.93 61


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NA 84 42.21 115

57.78 199 Grand Total 128HH 187HH 315 HH


E. IMPACT ON TENANTS

The census survey has identified 3 tenants living in these 315 affected residential assets. By way of project, these 3 tenant households would bear a temporary impact on their current dwelling place. Special provisions have been incorporated in the RP in terms of providing them with a grant to cover for three months rentals.

3.5.3. IMPACT ON COMMERCIAL STRUCTURES

The subproject road traverses through some main commercial centres like Govindpur Market as well as small commercial centres thereby affecting commercial enterprises. The resettlement census survey has identified 87 such commercial assets operated by 87 households in the subproject section. These are usually small commercial enterprises operated along the road as it profitable. Further, majority (53 assets) of these are situated in Jamtara.

As seen in table 3.16, 65% of the affected assets belong to titleholders while squatters operate 30% of them using the Government ROW. This is could be because these households do not own land along the road or land elsewhere where they could operate the enterprise. Further, encroachers operate another 5% of the commercial enterprises.

Table 3.16: District wise Description of Ownership pattern

Districtwise Number of Affected Plots Dhanbad Jamtara Grand Total Legality Of Affected

Structures

In No.s In %age

In No.s In %age

Owner 27 47.36 30

52.63 57

Enchroacher 2 50 2

50 4

Squatter 5 19.23 21



A. TYPE OF COMMERCIAL ENTERPRISE

The commercial enterprises affected by the project are of various types (See table 3.17). It is seen that 83% of the affected commercial assets are run as shops selling a variety of goods like stationery and other general items while 13% are hotels/dhabas. Additionally two of the affected assets are kiosks/gumti selling paan and confectionaries while one private clinic is also affected by the project.


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Table 3.17: District wise Description of the Type of Affected Commercial Enterprises


Dhanbad Jamtara Grand Total Type Of Commercial

Enterprise

In No.s In %age

In No.s In %age

Gumti 2 100 - - 2

Hotel/Dhaba 7 63.63 4

36.36 11

Pvt.Clinic - - 1

100 1

Shop 24 33.33 48

66.66 72 Workshop 1 100 - - 1

Grand Total 34 ASSETS 53 ASSETS 87 ASSETS Source: Resettlement Census Survey, April-May ‘08

B. CONSTRUCTION TYPE

The survey has revealed that the majority (38%) of the affected assets are of the semi pucca type which are usually made of mud and a tin roof while 26% of them are of the Kutcha type made of mud and hay. However only 23% of them are of the pucca or RCC type and interestingly the majority of these are in Jamtara as opposed to those in Dhanbad, which is an commercial centre. Table 3.18 details out the same.

Table 3.18: District wise Description of type of Construction of the Affected Assets


Dhanbad Jamtara Grand Total Type Of

Construction

In No.s In %age

In No.s In %age

Kutcha 9 39.13 14

60.86 23


51.51 33

Pucca 8 40 12

60 20

NA 1 9.09 10



C. PORTION OF THE COMMERCIAL ASSET GETTING AFFECTED

As aforementioned, the project would affect 87 commercial enterprises in the subproject section. However, the impact would not be directly on the main structure of all these assets. As seen in table 3.19, though 74% of the assets would be affected


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on its main structure, 5% of the assets would bear impact on the plot or land available in front of the enterprise. The number of assets bearing an affect on its main structure is also due to the presence of squatters and encroachers who usually run their commercial enterprises close to the road. Further, the project would affect more than one portion of 20% of the total affected commercial enterprises.

Table 3.19: District wise description of the Type of Impact on the Commercial Assets


Dhanbad Jamtara Grand Total Portion Getting Affected

In No.s In %age

In No.s In %age

Main Structrue 30 46.87 34

53.12 64

Plot/Land 1 33.33 3

66.66 4 Boundary Wall 2 100 - - 2 More than One 1 16 17

Grand Total 34 ASSETS 53 ASSETS 87 ASSETS Source: Resettlement Census Survey, April-May ‘08

D. SEVERITY OF IMPACT

The census findings reveal that though 64 assets would bear a direct impact on their main structure not all of them would be rendered non- livable for further use. That is to say that the project would severely affect more than half (48 assets) of the total affected commercial enterprises making it unfit for further use and necessary for relocation and rehabilitation options. Rest of the commercial assets accounting for 45% of the total affected assets would suffer minor imoact on the commercial enterprise. This is enumerated in Table 3.20:



Severity Of Impact

In No.s In %age

In No.s In %age

Livable 13 33.33 26

66.66 39


56.25 48 Grand Total 34 Assets 53 Assets 87 Assets


E. RELOCATION AND REHABILITATION MEASURES

The census survey among the households whose commercial enterprise would be affected by the project has brought forth their relocation and rehabilitation option especially for those households whose assets would be severely affected(48HH). It


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was found that 48% of the affected households opined that they would relocate by themselves. This was primarily because they had sufficient land within the villages itself where they could rehabilitate by themselves. However, the rest 52% of them opted for project assisted relocation within the villages itself. All of them voiced their need of being paid adequate and timely compensation.

Table 3.21: District wise Description of Perception on R&R



Relocation Options

In

No.s In %age

In No.s In %age

Project Assisted 8 32 17

68 25


43.47 23

NA 13 33.33 26

66.66 39 Grand Total 34HH 53HH 87HH


F. IMPACT ON EMPLOYEES

During the census survey, it was found that the 87 affected commercial enterprises affected by the project, employed 31 employees while the owners themselves operated the rest of them without employing anyone. Due to the project, these employee households would bear a temporary impact on their source of living. Hence, a onetime financial assistance to the tune sixty days of minimum wages as fixed by the government is provided for them in the RP.

G. IMPACT ON TENANTS

The resettlement census survey has further identified 8 tenants operating their commercial enterprise among the 87 affected commercial assets. To minimize the effects of the project on these tenant households as well as to address the issue of the temporary income loss, adequate provisions have been incorporated in the RP.

3.5.4 IMPACT ON RESIDENTIAL AND COMMERCIAL ASSETS

Apart from the loss of agriculture land, residential as well as commercial assets, the project would also affect those assets, which are used as the living quarter of the affected households as well as small commercial enterprises are operated in the same called Residential cum Commercial assets. The census has identified 89 such assets which belong to 89 affected households accounting for 11% of the total affected households (835HH). As seen in table 3.22, 97% of these assets (89) belong to legal titleholders while 2% of them belong to squatters who usually use the Government ROW for the same. One of the prime reasons for this is that these households do not have land near the roadside or elsewhere in the village. In


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addition, since they run a commercial enterprise, it profitable to do so along the roadside. Only one percent of them are encroachers.

Table 3.22: District wise Description of Ownership Pattern



Legality Of Structure

In No.s In %age

In No.s In %age

Owner 31 36.04 55

63.95 86

Squatter - - 2

100 2

Enchroacher - - 1

100 1 Grand Total 31HH 58HH 89HH


B. TYPE OF COMMERCIAL ASSETS BEING AFFECTED

The census survey revealed that these assets are of various types. Primarily, they are run as shops selling basic items like stationery and other household goods accounting for 89% of the total affected assets. In addition another 9% of the affected assets are run as hotels/dhabas while one gumti/kiosk as well as one private clinic is affected by the project. Table 3.23 enumerates the type of commercial enterprises run in the subproject section.

Table 3.23: District wise Description of Type of Commercial Assets being Affected


Dhanbad Dhanbad Grand Total

Type Of Commercial

Assets Being Affected

In No.s In %age

In No.s In %age

Gumti 1 100 - - 1

Hotel/Dhaba 5 62.5 3

37.5 8

Pvt. Clinic - - 1

100 1

Shop 25 31.64 54



C. CONSTRUCTION TYPE

During the census survey it was seen that the majority of the residential cum commercial assets affected by the project are of the semi pucca type that are usually made of mud walls with a tin roof. The survey identified 34 such assets accounting for 38% of the total affected assets. Further another 30% of the assets are of the pucca type while only 19% are the Kutcha types made of mud and hay.


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Table 3.24: District wise Description of the Construction Type of Affected R&C Structures


Dhanbad Dhanbad Grand Total Type Of Construction

In No.s In %age

In No.s In %age

Kutcha 4 23.52 13

76.47 17

Pucca 7 25.92 20

74.07 27


52.94 34

NA 4 36.36 7



D. PORTION OF THE R&C ASSET AFFECTED

During the survey it was found that majority of the residential cum commercial assets affected by the project would bear an impact on the main structure of the asset (See Table 3.5). This is largely due to the close proximity of the same to the existing road with very little land/plot in front of the structure. The project would affect the main structure of 84% of the total affected assets. However, 12% of the affected residential cum commercial assets would bear an impact on the plot/land available in front of the asset thereby not affecting the main structure directly.

Table 3.25: District wise Description of Portion getting Affected


Dhanbad Dhanbad Grand Total Portion Getting

Affected

In No.s In %age

In No.s In %age

Main Structrue 27 36 48

64 75

Plot/Land 4 36.36 7

63.63 11

Boundary Wall - - 1

100 1

More than One - - 2

100 2 Grand Total 31 ASSETS 58 ASSETS 89 ASSETS


E. SEVERITY OF IMPACT

Though the census has identified 75 residential cum commercial assets incurring an impact on the main structure, yet it is important to note that not all of them would be severely affected so as to be rendered non livable. It is seen that 29 assets would be severely impacted by the project and hence warrant relocation and rehabilitation options for the same. however rest of the affected assets, i.e. 46


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of them would bear a minor impact on the same. This is enumerated in Table 3.26:



Severity Of Impact

In No.s In %age

In No.s In %age

Livable 18 30 42

70 60




H. RELOCATION AND REHABILITATION MEASURES

The census survey has brought forth the various relocation and rehabilitation options preferred by the affected households especially of the 29 households whose residential cum commercial assets would be severely impacted by the project. It is seen that 62% of these affected households (29HH) would prefer to relocate their assets within the village by themselves and not project assistance for the same. on the other hand, 38% of them seek project assistance for relocating and rehabilitating their assets. The interactions with these affected households reveal that they feel it is the moral responsibility of the government to provide for them. Further, all of them stressed on the payment of fair, adequate and timely compensation.

Table 3.27: District wise description of Perception of R&R



Relocation Options

In No.s In %age

In No.s In %age

NA 18 30 42

70 60

Prject Assisted 5 45.45 6

54.54 11




F. IMPACT ON EMPLOYEES

The census survey has identified 30 employees in the total 89 affected residential cum commercial assets who would experience temporary disruption of livelihood. To address the same, provisions have been made in the RP in terms of provision for providing two months minimum wages as fixed by the government.


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G. IMPACT ON TENANTS Of the 89 affected residential cum commercial assets affected by the project, the census revealed the presence of 15 tenants in these. Hence, special provisions have been incorporated in the RP to minimize the adverse effects of the project on these households in terms of provision three month rentals. 3.6 AWARENESS AND PERCEPTION As mentioned earlier, the census survey carried in the subproject section identified 835 households affected by the project. Further, it also revealed the awareness as well as the perception of these households regarding the project. It was found that 53% of the 835 affected households were aware about the project largely through technical surveyors as well as Government officers.

However, 29% of the affected households were not aware about the project at all. It was only when the resettlement census survey was undertaken, that they got to know about the project.

Moreover, 65% of the affected households considered the project relevant and necessary for them as well as the community as a whole. They expressed their approval of the project as it would initiate the process of development for the villages and enhance connectivity to essential services (medical, education etc), the major districts as well as commercial centers.

On the other hand, 25% of the affected households did not favour the project largely on account of the losses incurred by them in terms of their assets as well as sources of livelihood. Additionally, though improved roads would mean better transport facility it also meant increased frequency of road/motor accidents as well as threat to the children playing near the road. Hence, considering all these factors, these households object to the project.


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CHAPTER 4:

IMPACT ON INDIGENOUS PEOPLE IN THE PROJECT AREA

4.1. Scheduled Tribes in Jharkhand

The Scheduled Tribe (ST) population in Jharkhand as per 2001 census constitutes of 7,087,068 thereby constituting 26.3 per cent of the total population. Among all States and UTs, Jharkhand holds 6th and 10th ranks in terms of the ST population and the percentage share of the ST population to the total population of the State respectively. The growth of the ST population has been 17.3 per cent which is lower by 6 per cent if compared with the growth of the State’s total population (23.3 per cent) during 1991-2001. The state has a total of thirty (30) Scheduled Tribes and all of them have been enumerated at 2001 census. The Scheduled Tribes are primarily rural as 91.7 per cent of them reside in villages. Amongst the two districts through which Package I road section traverses, it can be seen that the ST’s constitute 32% of the total population in Jamtara while only 8% in Dhanbad.

Table 4.1: District wise ST population

Total Population ST Population (in numbers)

ST Population (in Percentage)

Districts

1991 2001 1991 2001 1991 2001

Dhanbad 1791645 2195226 146509 173412 8.18 7.90

Jamtara 544874 653081 178199 206664 32.70 31.64

Source: Census Report, 2001

The subproject road package runs through two districts – Dhanbad and Jamtara that form an integral part of the region known as the “Santhal pargana” in the state with the Santhals being the major tribal group in the project area. It is interesting to note that out of thirty (30) Scheduled Tribes (STs) notified for the State of Jharkhand, Santhal is the most populous tribe having a population of 2,410,509, constituting 34 per cent of the total ST population of the State. Oraon, Munda and Ho are the next largest tribes constituting 19.6, 14.8 and 10.5 per cent respectively of the total ST population of the State.

4.2. Key impacts of the Project on ST Households

Taking into account the presence of STs in the area, detailed interactions and surveys were undertaken with the ST households at the time of the initial poverty and social assessment stage and then later at time of the census survey so as to:

a) study the current socio-economic and cultural status and practices of the ST groups in the area; and

b) Ascertain the impact of the Project on their socio-economic status and culture.


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Attempts were made to study the differential patterns as well as impacts of the Project on tribal and non-tribal communities living in the vicinity of the road section. The social assessment carried out during Project preparation was considered largely beneficial and positive. The socio-economic and occupational/income data collected and analysed and the discussions undertaken with the IP groups clearly brought forth that the STs/indigenous households have similar characteristics to the overall population and are largely assimilated into the local mainstream communities. This can be largely attributed to the fact that the road to be improved under the Project has been in existence for past few decades with the ST as well as non-ST households being exposed to the outside world and scenario.

Despite the significant proportion of STs in the region and amongst the affected households, the analysis of impacts and losses did not bring forth any “significant” risk and impact on the socio-economic and cultural lives and patterns of the ST households. The Project will also not have any adverse differential impact on their socio-cultural aspects.

As voiced by the ST households during community consultations and as derived from the census survey, the only adverse impact of the Project on the tribals would be in terms of involuntary resettlement impacts. In majority of the cases, this impact would be on unirrigated agriculture land (ranging from mostly 1-5 % of total land holding) and in some cases on structures. However, with the mitigation measures provided for in the Entitlement Matrix in the RP there will be little impact on their socio-economic activities.

The Indigenous People Screening checklist below summarises the impact of the Project on the tribal population in the area:

Table 4.2: Impact of the Project on Indigenous People and groups along Package –II: Jamtara- Dumka

Impact on tribal peoples Yes No Remarks or identified problems, if any

Are there tribal groups present in project locations?

Presence of Santhal population was noted along the sub project road section from Dhanbad- Jamtara.

Do they maintain distinctive customs or economic activities that may make them vulnerable to hardship?

Like the other population group in the area comprising of OBC, SC and general caste groups, the tribal too are engaged in subsistence agriculture. However, due to the lack of irrigation sources in the area, majority of the tribal as well as non-tribal groups are engaged in more than one activity namely agriculture, wage labour and in some cases small businesses for fulfillment of their livelihood needs. Hence, as such no distinctive custom or economic activity is being undertaken by ST households in the area.


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Will the sub-project restrict their economic and social activity and make them particularly vulnerable in the context of project?

As voiced by the ST households during community consultations and as derived from the census survey, the only adverse impact of the Project on the tribals would be in terms of involuntary resettlement impacts. In majority of the cases, this impact would be on unirrigated agriculture land (ranging from mostly 1-5 % of total land holding) and in some cases on structures. However, with the mitigation measures provided for in the Entitlement Matrix in the RP. There will be little impact on their socio-economic activities.

Will the sub-project change their socioeconomic and cultural integrity?13

Will the sub-project disrupt their community life?

As mentioned in previous sections, no differences (except for a few festivals) were noticed between the ST and non-ST households in the area. The ST households are largely assimilated with the mainstream population. Hence the subproject will not have any impact on their socio-economic and cultural integrity patterns. Also it is pertinent to note that the road to be improved under the Project is not a new road and has been in existence for last few decades. Hence, the area and population is frequently exposed to outside culture and population.

Will the sub-project positively affect their health, education, livelihood, or social security status?

IP households were positive about the subproject and regard it as beneficial and positive for their own development. One of the key benefits of the project will be in terms of improved access to employment, income, health, education facilities and better transportation14.

Will the sub-project negatively affect their health, education, livelihood, or social security status?

No negative impacts of this nature have surfaced during the detailed assessments and while interacting with the community

Will the sub-project alter or undermine the recognition of their knowledge, preclude customary behaviors, or undermine customary institutions?

The detailed assessments undertaken at the time of IPSA and census survey did not bring forth any such risks.

In case there is no disruption of tribal community life as a whole, will there be loss of housing, loss of land, crops, trees, and other fixed assets owned or controlled by

The only adverse impact of the Project on the tribals would be in terms of involuntary resettlement impacts. A total of 100 ST households will be affected by the Project. In majority of the cases, this impact would be on

13 That is, undermine their production systems and the maintenance and transmission of their cultural

patterns. 14 The details of the interactions with IP groups and the Project impacts and benefits on them are discussed and detailed in Chapter 7 on IPSA Report.


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individual tribal households?

unirrigated agriculture land (ranging from mostly 1-5 % of their total land holding) and in some cases on structures. The detailed analysis of the IR impact on ST households is done in Section 4.3 below. Adequate provisions have been incorporated into the Entitlement Matrix (in the RP) to mitigate and compensate for the same.

It would also be also worthwhile to note that the IP households were positive about the subproject and did not feel that they will encounter any adverse socio-cultural or economic impacts as a result of the Project. The Project however, is being seen as beneficial and positive by them too for their own development. They voiced that the project will benefit them socially and economically by improving access to employment, income, socio-economic facilities and better transportation15.

The improved road network is expected to augment access to socio-economic facilities of tribal groups along with other sections of subproject population. The subproject construction will not have any adverse consequences on the socio-economic condition and would also not lead to any disruption in their community life or culture of these communities.

The only adverse impact of the Project on the tribal households will be that of involuntary resettlement resulting from road improvement activities. Specific mitigation measures and provisions have been integrated into the Entitlement Matrix to ensure that the impacts on tribal people are identified and addressed so as to ensure better distribution of the Project benefits and promote development of the indigenous people in the Project areas.

The following section presents the analysis of the data pertaining to the affected ST households as identified in the census. 4.3. Involuntary Resettlement Impact on ST Households

4.3.1 Number & Distribution of affected ST Households As mentioned earlier, the census survey has identified 835 households affected by the project. Of these, 100 households belong to ST’s accounting for 12% of the total affected households in the subproject section.

Further, of the 100 ST households, 6% of them comprised of those who fulfilled multiple vulnerability category as they fall under various categories of vulnerability. This included those families living below poverty line, headed by women or elderly, having one or more members who are physically or mentally challenged etc.

15 The details of the interactions with IP groups and the Project impacts and benefits on them are discussed and detailed in Chapter 7 on IPSA Report.


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During the survey, it was found that among the families having more than one type of vulnerabilities, the maximum number of them were ST households who were living below poverty line.

As seen in Table 4.3, in terms of presence, the majority of the ST households i.e. 59% reside in Jamtara and the rest 41% in Dhanbad. Dhanbad is one of the most industrialised districts of the State and perhaps this is one of the prime reasons for such low concentration of IP’s in the district. Moreover, majority (52%)16 of the tribals in the State are classified as cultivators in the worker’s category.

Table 4.3: Districtwise distribution of Affected ST households Status Dhanbad Jamtara Grand Total

Multiple Vulnerability 5 1 6 ST 36 58 94

Grand Total 41 HHs 59 HHs 100HHs Source: Resettlement Census Survey, 2008

4.3.2. Household Size In the census survey, the urban trends of adopting a nuclear family system as against the traditional system of joint family system are clearly visible in the subproject section. This is substantiated in the findings of the census that reveal that 48% (48HH) of the affected households are of the nuclear type. Interestingly, nearly 56% of these 48 ST households are in Jamtara.

Additionally, 35% (35HH) of the total affected households (100HH) live in the extended family system wherein more than 16 members of a family reside together. More than half of these households resides in Jamtara while the rest in Dhanbad.

Only 15% of the affected households were seen to be living in the joint family system in which 10-15 members reside together with a common kitchen. Maximum numbers of these households are in Jamtara. This further testifies to the urban character of the Dhanbad, which accounts for only one third of the affected households living in the joint family system.

Table 4.4: Districtwise Family size of Affected ST households Name of the District Family Type


Nuclear 21 27 48 Joint 5 10 15

Extended 13 22 35 NA 2 - 2

Grand Total 41 HHs 59 HHs 100HHs Source: Resettlement Census Survey, 2008

16 Census Report, 2001


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4.3.3. Education Level of the ST Respondents

The census brought forth that the educational level of the respondents among the affected ST households was not very high. Majority (44HH) of the respondents was found to be illiterate and this was higher among the respondents from Jamtara. As seen in table 4.5, 70%(31HH) of the total illiterate respondents were from Jamtara while the rest were from Dhanbad. In addition, 3 respondents of the total respondents (100) were found with functional literacy implying that they could read and write their names as well as do basic mathematical calculations. Only 19% of the respondents in the subproject section have completed their primary level of formal education while only 18% their middle school. The census identified only 4 respondents who have studied up to the higher secondary level and just 2 graduates. There were no postgraduates in the entire subproject sections indicating lower levels of attainments for higher levels of education.

Table 4.5: Education Level of ST Asset Owners Name of the District Level of Education


Illiterate 13 31 44

Functional Literacy 1 2 3

Primary 9 10 19

Secondary 9 9

Middle School 5 13 18

Higher Secondary 2 2 4

Graduate 1 1 2

Na 1 ‐ 1

Grand Total 41 HHs 59 HHs 100 HHs Source: Resettlement Census Survey, 2008

4.3.4. Sources of Income of ST households Though bestowed with rich mineral resources, 80% of the population of the project state are directly or indirectly dependent on agriculture for their livelihood. And the findings from the census survey testify to the same with 13% of the affected ST households depending solely on agriculture for their livelihood.

However, due to erratic monsoon, low levels of farm mechanization as well as irrigation facilities and small landholdings many households depend on more than one economic source for earning their livelihood. The findings of the census survey too reflect the same where we see that 85% of the affected ST household depends on multiple sources for earning a living. These are usually from diverse economic activities like agriculture as well as non-agriculture labour, selling forest goods like mahua, tendu leaves and fuel wood, dairy among others.

Table 4.6:Districtwise Sources of Income of Affected ST households

Name of the District Level of Education Dhanbad Jamtara

Grand Total

Agriculture 7 6 13


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Multiple Source 32 53 85 Trade/Business 1 ‐ 1

Na 1 ‐ 1

Grand Total 41 HHs 59 HHs 100 HHs Source: Resettlement Census Survey, 2008

4.3.5. Types of Project Losses The resettlement census survey in the subproject section has brought forth that majority i.e. 60% of the affected ST households would incur an impact on their agricultural land. Maximum numbers of these plots are in Jamtara in which 36 of the 60 plots fall and the rest 24 are in Dhanbad.

Further, 32 residential assets would be affected by way of the project of which 56% are in Jamtara. In addition, there would be an impact on 5 residential cum commercial assets which are assets used as residential quarters as well as some commercial enterprise is operated in the same. Only 3 commercial assets belonging to St households are affected by the project.

Table 4.7 enumerates the various types of losses incurred by the 100 ST households.

Table 4.7: Districtwise type of Losses incurred by Affected ST HHs Name of the District Types of Losses


Agriculture 24 36 60

Commercial 1 2 3

R+C 2 3 5

Residential 14 18 32

Grand Total 41 Assets 59 Assets 100 Assets Source: Resettlement Census Survey, 2008

4.3.6. Anticipated Project Impacts

The total ST households in the subproject section account for 12%(100HH) of the 835 affected households. The census survey among these households brought forth their perception of the project in terms of its relevance and necessity in their lives as well as for the community as a whole. Table 4.8 details the perceptions of the ST households regarding the same.

As seen in the table, 51% of the total affected ST households opine that the project is required for the development of the community as a whole, even though; it meant loss of their assets. They reasoned that better roads would mean frequent and regular transport services connecting them to main districts. Further, it would also facilitate easy and quicker ways to access better services like education, medical, government offices etc.

However, almost an equal number (45%) objected to the project largely on account of the losses incurred by them. For many it mean a loss of livelihood, homes as well as


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loss of family legacy which, according to many was a high price to pay for the project. Additionally they did not favour the conversion of the existing road to state highways as that would mean heavy traffic movement thereby posing a threat to the safety of their children as well as domestic animals that may stray onto the roads.

Table 4.8: Districtwise Project Necessity as per Affected ST HHs Name of the Districts Grand Total Project Necessity

Dhanbad Jamtara Yes - Will Benefit Local People 30 21 51

Don't Need 10 35 45 Can’t Say For Sure - 1 1

No Response - 2 2 NA 1 - 1

Grand Total 41HHs 59 HHs 100 HHs Source: Resettlement Census Survey, 2008

4.4. Mitigation Measures for the ST Households

In order to mitigate the above impacts incurred by the ST households, the ST households will be entitled to the following compensation and assistance measures:

• Compensation of land at Replacement cost • Replacement value of the affected residential and commercial structure, which

will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation.

• ST Households shall be allowed to take salvaged material from the affected

structures • Transfer grant: A lump sum transfer grant at the rate of Rs.10,000 for shifting

households assets and other belonging to new area/location. The cost has been worked out taking into account the average transport costs incurred in such transfers.

• Rental accommodation: Project-affected families will further require assistance in

case they are unable to build their shops/residences after the project has taken possession of their property or after demolishing their structures. To meet the transit accommodation, a rental assistance in the form of a grant of Rs.10,000/family to cover three month rental accommodation has been considered. This rental assistance is as per the prevalent rentals in the area.

• Transitional Allowance: Title holders & non-titleholders incurring impact on their

primary income due to displacement will be assisted with allowance to for loss of their income during the transitional period. This allowance would be in form of providing Minimum agriculture wage (MAW) for a certain number of days taking into account the extent and nature of lose:

o In case of Titleholders losing income through agriculture,

Transitional allowance equivalent 250 days of Minimum Agricultural


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Wage17 (MAW) in the state at the time of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly

subsistence allowance equivalent to three months minimum agricultural wages18 per month for a period of one year from date of displacement

o In case of squatters and vulnerable encroachers losing primary

source of income, One-time financial assistance for transitional income support equivalent to one time payment of 200days of minimum wages19 as fixed by the govt.

o In case of wage earning employees, indirectly affected due to

displacement of commercial structure, one time payment of 60 days (2 months) of minimum wages20 as fixed by the govt.

Additional assistance for ST households: Vulnerable21 affected households will

be given additional assistance of Rs.10,000 as lump sum.

17 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 18 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 19 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 20 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 21 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.


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CHAPTER 5:

RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT

MATRIX

5.1 Introduction The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues of resettlement and rehabilitation of the APs under the Jharkhand Road Sector Development Project.

The Resettlement Plan has been developed based on Asian Development Bank’s Policy on Involuntary Resettlement (1995), Operations Manual F2 on Involuntary Resettlement (2003), the Land Acquisition Act – 1894, National R&R Policy (Govt of India, 2007), JH R&R Norms– 2009 and Bihar R&R Policy - 2007. The resettlement principles of the project comply with the social safeguard requirements of the Asian Development Bank (ADB).

5.2 Policy Framework – Review of Resettlement Policies and Legal Framework

In India, compensation for land acquisition (LA) and resettlement assistance for project-affected people is generally governed by the Land Acquisition Act (1894), which has been amended from time to time. The Act has no provision for assistance for project-affected persons particularly those without titles or ownership records such as encroachers. A National Policy on R&R (NPRR) 2003 was adopted by the Government of India (GOI) to address the issues not addressed in the LA Act and also to cover development-induced resettlement. This policy has been recently revised in the form of NPRR 2007, which is applicable to all developmental projects where 400 or more families’ en masse in plain areas or 200 or more families’ en masse in tribal or hilly areas are displaced due to project activity. The policy aims to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives. The policy also aims to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected. The policy also recognizes the need for protecting the weaker sections of the society especially members of the Scheduled Castes and Scheduled Tribes.

While the key entitlements in the New National Policy - 2007 are largely similar to the previous NPRR, some key additions have been made in the revised policy namely:

• Preference to affected families in employment in the project, subject to availability of vacancies & suitability of skills, Trainings of affected persons so as to enable


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them to take up suitable jobs, scholarships & other skill development opportunities; preference to affected persons in labour work during construction

• preference to the affected persons or their groups or cooperatives in the allotment of outsourced contracts, shops or other economic opportunities coming up in or around the project site;

• The project authorities shall, at their cost, arrange for annuity policies that will pay a pension for life to the vulnerable affected persons as, of such amount as may be prescribed by the appropriate Govt subject to a minimum of five hundred rupees per month.

• The affected families who have not been provided agricultural land or employment shall be given the option, if the requiring body is a company of taking up to twenty per cent of their rehabilitation grant amount in the form of shares or debentures of the requiring body.

The policy also recognizes non-titleholders such as any agricultural or non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years as affected families. The policy further makes provisions for public disclosures of draft R&R Plans to the community, Grievance redress procedures and Monitoring & Evaluation systems.

In addition to the new NPRR, at the state level as well, there exists a Jharkhand State Resettlement & Rehabilitation (R&R) Norms , 2007. currently pending approval and adoption. While this policy only applies to all industrial projects, envisaging a capital investment of Rs. 100 crore or more, and entailing acquisition of private land under Land Acquisition Act, 1894 or under any other laws for the time being in force, the policy principles and measures are progressive in nature. Chapter VII & VIII of the draft policy lay down R&R entitlements for those affected. Apart from the provision of compensation for land at the prevalent market rate, the draft policy also provides for R&R provisions with stress on resettlement and livelihood restoration of the households affected. Different types of provisions have been laid down based on extent and nature of loss. In addition, non-titleholders such as landless & homestead encroachers, who have been in possession of that for a period of at least 10 years, are also provided equal compensation for similar land/structure on encroached land.

5.3 ADB Policy on Involuntary Resettlement

The Asian Development Bank’s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary Resettlement (2003) recognize and address the R&R impacts of all the affected persons irrespective of their titles and requires for the preparation of RP in every instance where involuntary resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the subproject.


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ADB policy guidelines are summarized below:

Involuntary resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project;

Where IR is unavoidable, AP should be assisted to re-establish themselves

and improve their quality of life;

Gender equality and equity should be ensured and adhered to;

AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with AP, including disclosure of RP and project related information;

Replacement land should be an option for compensation in the case of loss

of land; in the absence of replacement land, cash-for-land compensation should be an option available each AP;

Compensation for loss of land, structures, other assets and income should

be based on full replacement cost and should be paid promptly. This should include transaction costs;

All compensation payments and related activities should be completed prior

to the commencement of civil works;

RP should be planned and implemented with full participation of local authorities;

In the event of necessary relocation, APs should be assisted to integrate

into host communities;

Common property resources and community/public services should be provided to AP;

Resettlement should be planned as a development activity for the AP;

AP who do not have documented title to land should receive fair and just

treatment;

Vulnerable groups (households below the recognised poverty line; disabled, elderly persons or female-headed households) should be identified and given appropriate assistance to substantially improve their living standards.

5.4 Similarities and differences between the National Policy and the ADB

Policy

The key area of similarities and differences between the NPRR and the ADB policy are enumerated in Table 5.1.


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Table 5.1: Comparative Matrix of ADB Policy and India LA Act (1894) and NPRR (2007)

ADB IR Policy Indian LA Act (1894)

NPRR (2007) Gaps Gap Mitigations through

Resettlement Plan and Entitlement

Matrix (i) Avoid involuntary resettlement

No provision in the LA Act

Chapter II, Clause 2.1(a) states the objectives of the NRRP is to minimize the displacement and to promote, as far as possible, non displacing or least displacing alternatives.

No gaps between ADB and NPRR policy requirements

N/A

(ii) Minimize involuntary resettlement

LA Act does not include any provision for minimizing impact

The broad aim of the Policy as given in the Preamble (1.4) is to minimize large scale displacement as far as possible

Policy focus more on Displacement and not explicit on IR minimization

RP requires to minimize impacts thru alternative design /choices of subprojects

(iii) Mitigate adverse social impacts thru appropriate land, compensation, housing, infrastructure amenities so that APs social and economic conditions as favorable with the project as without it.

Provision for cash compensation only for acquisition of land and other assets

NPRR aims to restore and improve livelihoods of persons with housing, agricultural land, employment and providing necessary training facilities for development of entrepreneurship, technical and professional skills for self employment. There are provisions of providing comprehensive infrastructural amenities and facilities to the resettlers.

NPRR Policies are similar with ADB and aims at improving the standards of the affected people.

RP contains similar objectives with regard to assistance and compensation, including provisions for replacement value for acquired assets

(iv) Identify, assess and address the potential social and economic effects of a project. Resettlement should be conceived and executed as a development program

Identification of APs limited to titleholders of acquired assets. A full assessment of social and economic impacts is not required.

Chapter VI spells out the ways and means to identify and assess at an early stage of the project cycle the potential IR impacts through a baseline survey and census. And it also looks into the direct and indirect effects due to the project like loss of livelihood of agricultural laborers, rural artisans, etc. through Social Impact Assessment

The policy objectives are similar. Compensation and resettlement assistance are aimed to re-establish and improve livelihoods those affected.

RP prepared based on identification of APs, both titleholders and non-titleholders. The entitlement matrix has provision to assist APs restore their livelihoods in post resettlement period.


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(v) Affected people should be fully informed and closely consulted on resettlement and compensation options. Disclose RPs to the affected people.

LA Act has provision to notify acquisition decisions only. No requirement for consultation.

NPRR has provisions for consultation with affected persons/communities prior to drafting the RP. R&R Administrator is required to hold consultations; also, provision to set up a Grievance Redressal Mechanism called R & R Committee.

Very close to ADB requirements

RP is based on consultation with communities and also has specific provisions for further consultation, disclosure and involvement of the APs during RP implementation.

(vi) Support existing social and cultural institutions so that APs are integrated socially and economically with the host communities

N/A No specific mention of support to socio-cultural organization of the resettlers.

Gaps with ADB Policy

-

(vii) Absence of formal title is no bar to compensation and resettlement benefits ;;special attention to vulnerable groups

Non-titled persons are ineligible for any compensation

NPRR has provisions (Chapter IV) to consider all impacts with particular attention to any impacts on the poor and vulnerable affected persons.

So specific clause with regard to benefits of non-titled holders.

Resettlement Plan has inclusive policy and clearly states the same in the Entitlement matrix.

(viii) Full costs of resettlement included in the project costs

N/A NPRR (Chapter VI, clause 6.14.2) spells out the components of the RP. It also includes the budgets and full costs (clause 6.16 and 6.17).

No difference RP includes a detailed full budget and cost for resettlement

(ix) Restoration of income in post-resettlement period


NPRR (Clause 7.22 of Chapter VII) talks of the amenities and infrastructural facilities to be provided at resettlement areas.

No specific statement concerning restoration of livelihood

Entitlement Matrix makes appropriate provisions in this regard.

(x) Supervision and Monitoring to be carried out throughput the project period by persons with expertise in


NPRR (Chapter IX) clearly lays down the setting of a National Monitoring Committee, National Monitoring Cell, Internal Oversight Committee, External Oversight Committee, its composition

Monitoring groups are mainly local officials – not specialists; also no procedures for regular monitoring

RP lays down provisions for both internal and external monitoring by specialists.


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5.5 Resettlement Policy & Principles for the Project

Following the National R&R Policy - 2007, JH R&R Norms– 2009, Bihar R&R Policy - 2007 and various land laws on land acquisition, incorporating ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the Project will include the following elements:

a) As a matter of policy, land acquisition, and other involuntary resettlement impacts would be minimized as much as possible;

b) Any land acquisition and/or resettlement will be carried out and compensation provided in order to improve or at least restore the pre-Project income and living standards of the affected people;

c) All information related to resettlement preparation and implementation will be disclosed to all concerned, and people’s participation will be ensured in planning and implementation of the project;

d) All land acquisition would be as per the Land Acquisition Act, 1894 which provides for compensation for properties to be acquired. The persons affected by the project who do not own land or other properties, but who have economic interest or lose their livelihoods will be assisted as per the broad principles brought out in this policy.

e) Payment of compensation for acquired assets at replacement cost22;

f) Payment of compensation for lost land, housing, assets and resettlement allowances in full prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities;

g) All compensation and other assistances23 will be paid to all APs prior to commencement of civil works on the site acquired.

h) Broad entitlement framework of different categories of project-affected people has been assessed and is given in the Entitlement Matrix. Provisions will be kept in the budget for those who were not present at the time of the survey.

22 In this Project, the replacement cost of land will be derived based on the Jharkhand R&R Norms – 2009. As per this policy, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid. 23 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

resettlement and responsibilities. However there is no clear view on the procedure or regularity of monitoring.


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However, anyone moving into the subproject area after the cut-off date will not be entitled to assistance.

i) Income restoration and rehabilitation; and

j) All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.

k) Appropriate grievances redress mechanism to ensure speedy resolution of disputes.

The above principles and resettlement procedural guidelines shall apply to this subproject/Package road under the loan in compliance with the national/state and ADB policies so as to ensure that persons affected by land acquisition and/or involuntary resettlement will be eligible for appropriate compensation and rehabilitation assistance. 5.6 Entitlement Matrix

In accordance with the resettlement and rehabilitation (R&R) Norms for the Project, all affected households will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. In general terms, the affected persons in the project will be entitled to five types of compensation and assistance:

(i) compensation for loss of land, trees at replacement value;

(ii) compensation for structures (residential/commercial) and other immovable assets at replacement value;

(iii) assistance for loss of business/wage income;

(iv) assistance for shifting;

(v) rebuilding and/or restoration of community resources/facilities and

(vi) special additional assistance for vulnerable24 households

The ADB Policy requires compensation for the lost assets at the current replacement value to both titled and non-title holders25 and resettlement assistance for lost income and livelihoods. In this subproject, the absence of formal titles will not constitute a bar to resettlement assistance and rehabilitation. Based on the inventory of losses, an Entitlement Matrix has been developed, which recognizes and lists various types of losses resulting out of the subproject. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits. As per the Entitlement Matrix (Table 5.2), the affected people will receive compensation for land and other assets at the replacement value, in accordance with ADB’s Policy on Involuntary Resettlement and Operational Manual Section F2/BP and

24 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 25 However, no assistance will be paid to encroachers, who are not socio-economically vulnerable and do not fall in the vulnerable category as defined under the RP.


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F2/OP as well as assistance for shifting and income restoration, and additional assistance to vulnerable groups to help the subproject affected persons to restore their lives and livelihoods in the post-resettlement phase. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no extra costs.

The entitlements have been decided in consultation with the community and the various stakeholders. The shifting allowance has been fixed in consultation with the communities and local prevalent rates.

Table 5.2: Entitlement Matrix

Type of Loss Identification of Affected

Households

Entitlement Details

A: LOSS OF LAND 1. Loss of agricultural land

Owner/Titleholder/ traditional land rights26 of the affected plot

Cash compensation at Replacement cost

a). Replacement land as per the law or cash compensation at replacement cost as determined according to the formula proposed in Jharkhand Resettlement & Rehabilitation norms for ADB Project- 200927; b). APs with traditional title/occupancy rights will also be eligible for full compensation for land, plus the difference or additional grant. c) If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, any of the following three options are to be given to the AP, subject to his/her acceptance:

• The AP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired.

• Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his/her residual plot should also be acquired by the EA, EA will acquire the residual plot and pay the compensation for it.

d) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

2. Loss of homestead land (residential and commercial land)

Owner/Titleholder/ traditional land rights28 of the

Compensation at replacement cost

a). Replacement of land or cash compensation at replacement cost as determined according to the formula proposed in Jharkhand Resettlement & Rehabilitation

26 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders 27 As per the Jharkhand R&R Norms for ADB Project – 2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid. 28Traditional land rights refers to household with customary rights to land and shall be treated equivalent to titleholders


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affected plot Norms for ADB Project (JRRP) - 200929;

b) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

B: LOSS OF RESIDENTIAL, COMMERCIAL & OTHER STRUCTURES

Titleholder of affected structure

• Compensation at Replacement cost

• Transfer grant • Rental

assistance

a) AP will be provided replacement value of the residential structure, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation. b) Affected person shall be allowed to take salvaged material from the demolished structure at no costs.

c). A lump sum transfer grant of an amount of Rs 10,000 per household for shifting households’ assets and other belonging to the new area.

d). Rental assistance as per the prevalent rate in the form of grant of Rs. 10,000 to cover maximum three month rental accommodation

3. Loss of structure

(residential and commercial structures)

Tenants • Rental Assistance

• Transfer grant • Compensation

(in case additional structure erected)

a). Rental assistance for both residential & commercial tenants at the rate of Rs. 10,000 in the form of grant to cover maximum three month rentals .

b) A lump sum transfer grant of an amount of Rs 10,000 per household for shifting households’ assets and other belonging to the new area.

c). Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount.

d). Any advance deposited by the tenants to the landlord will be deducted from land lord/owners total compensation package on submission of documentary evidences.

e) Right to salvage material from demolished structure and frontage etc, erected by tenants.

C: LOSS OF CROPS & TREES

29As per the Jharkhand R&R Norms for ADB Project -2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (similar type of land)will be added to this cost. In addition, the land shall be acquired after paying 30% solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid. .


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4. Loss of crops and trees

• Land Owners • Sharecroppers • Leaseholders

Compensation at ‘market value’ a) Advance notice to APs to harvest crops/fruits and

remove trees. b) In case of standing crops, cash compensation for

loss of agricultural crops at current market value of mature crops based on average production.

c) Compensation for loss of timber trees at current

market value of wood/timber or firewood depending on the kind of tree to be computed with assistance from horticulture department.

d) In case of fruit trees, compensation at average fruit production for next 15 years to be computed with assistance from horticulture department.

D: LOSSES OF NON-TITLEHOLDERS

Encroachers No compensation for land but assistance for assets to vulnerable groups

a). Encroachers will be notified and given one month time to remove their assets.

b) Compensation for affected structures to the vulnerable30 households at below poverty line (BPL) non title holder shall be provided replacement value of affected structure or equivalent financial assistance benefit provided under Indra Awash Yojna scheme.

c). Right to salvage material from demolished structure at no cost.

5. Loss of structure (immovable assets constructed by squatters and encroachers)

Squatters and informal settlers

No compensation for land but compensation for structure at replacement cost and other assistance

a) Squatters will be notified and given one month time to remove their assets.

b) Compensation for affected structures to the vulnerable31 households at below poverty line (BPL) non title holder shall be provided replacement value of affected structure or equivalent financial assistance benefit provided under Indra Awash Yojna scheme.

c) A lump sum transfer grant of an amount of Rs. 10,000 for shifting households’ assets and other belonging to the new area.

d) Right to salvage material from demolished structure at no cost.

E: LOSS OF LIVELIHOOD SOURCE 6. Loss of primary source of income for the titleholders

Titleholders losing income through agriculture

Rehabilitation Assistance for

income restoration a) APs losing strip of land (insignificant) due to

acquisition will be eligible to ex-gratia payment of Rs20000

30 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 31 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.


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b) Transitional allowance equivalent 250 days of Minimum Agricultural Wage32 (MAW) in the state at the time of Section 4 notification under Jharkhand LA Act. He shall also be entitled for National/State level job card under National Rural Employment Programme.

Titleholders losing income through business

Transitional assistance a) Monthly subsistence allowance equivalent to three

months of his average business income.

Non-titleholders namely squatters and vulnerable encroachers lo sing primary source of income.

Training Assistance for

income restoration

a) One-time financial assistance for transitional income support equivalent to one time payment unskilled labour entitled for one time payment of 250 days payment as fixed by Government under minimum wages Act job card under National/State Employment Guarantee Program.

7. Loss of primary source of income for the non- titleholders [wage earning employees, agricultural labour, non-agricultural labour, squatters and vulnerable encroachers]

Wage earning employees indirectly affected due to displacement of commercial structure

Transitional assistance

a). This is valid for persons indirectly affected due to the employer having being displaced, one time payment of 200 days of minimum wages33 as fixed by the govt.

b) Employment opportunity in the road construction work if desired so by them

F: LOSS OF COMMON PROPERTY RESOURCES

8. Loss of Common Property Resources

Affected community/Institution responsible

Cash compensation/ reconstruction

a). Cash compensation at replacement cost or reconstruction of the community structure in consultation with the community

G: SUPPORT TO VULNERABLE SECTIONS

9. Additional assistance to vulnerable groups

Households categorized as vulnerable (BPL households, female-headed households, SC/STs, disabled/elderly)

One time Lump sum assistance

a). Additional one-time lump sum assistance of Rs. 10,000 per household to vulnerable households. This will be over and above the other assistance/s as per this framework.

H: OTHER UNANTICIPATED IMPACTS

10. Temporary impact during construction like disruption of normal

• Owner/ Titleholder/ traditional rights

Cash compensation for loss of income

a) The contractor shall bear the cost of any impact on structure or land due to movement of machinery during construction or establishment of construction

32 The minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

33 The minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.


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traffic, damage to adjacent parcel of land/assets due to movement of machinery and plant site for contractor etc

of the affected plot

• Community

potential plant.

b) Compensation for standing crops and trees as per the market rate

c) Restoration of land to its previous quality

d) The contractor will negotiate a rental rate with the owner for all temporary use of land outside proposed RoW.

11. Any unanticipated adverse impact due to project intervention

Any unanticipated consequence of the project will be documented and mitigated based on the spirit of the principles agreed upon in this norms framework.

5.7. Cut-off date The cut off date for those who have legal titles of their land/asset is the date of notification of acquisition under the Land Acquisition Act and for those without titles the cut-off will be the date of the resettlement survey as undertaken from April – to May 2008. People moving into the subproject area after this date will not be entitled for support.

During the census survey all the affected assets were covered with the respective affected households. In case of absent households, the affected assets too were listed into the database. The census database hence shall act as an instrument to check fresh arrivals and influx, if any, into the affected area. All further claims being made (apart from those listed in census database) shall be verified by the DLIC with assistance from the NGO/R&R Implementation agency. 5.8 Valuation of affected assets The asset valuation of the acquired land and asset will be done based on the principle of compensation at the replacement value of the affected asset.

Valuation of Land: While under the prevailing provisions, the fixation of rate of land to be acquired will be done on the basis of Registration Cost of similar type of land at the time of notification under Section - 4 of the LA Act, the replacement cost of the land will be derived by means of the use of the formula propounded in Jharkhand R&R Norms 2009.

As per this, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give his land voluntarily in that case the 60% solatium shall be paid.

Valuation of land: Registration Cost (RC) at time of Notification + 50 % of RC + A

= Compensation at Replacement Cost A= 30% Solatium on the RC or

60 % Solatium on the RC (if owner agrees to give his land voluntarily)


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The land records containing information like legal title, and classification of land will be updated expeditiously for ensuring adequate cost compensation and allotment of land to the entitled persons. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The residual land will be compensated in keeping with the provisions as laid down in the Entitlement Matrix.

Valuation of Structures: The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation. While considering the BSR rate, EA will ensure that it uses the latest BSR for the residential and commercial structures in the the state. Compensation for properties belonging to the community or common places of worship will be provided to enable construction of the same at new places through the local self-governing bodies/appropriate authority in accordance with the modalities determined by such bodies / authority to ensure correct use of the amount of compensation.

Valuation of Crops & Trees: The valuation of crops and trees will be based on survey of market prices in the area for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price. The same may be computed with assistance from agriculture/ horticulture department. All compensation and other assistances34 will be paid to all APs prior to commencement of civil works. After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that APs can take away the materials. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department. 5.9 Disposal of Acquired Properties The acquired land and properties would vest in the Project paying compensation for such lands/properties. However, even after payment of compensation, APs would be allowed to take away the materials salvaged from their houses and shops etc. acquired by the project and no charges will be levied upon them for the same. A notice to that effect will be issued to take away the materials so salvaged within 48 hours of their demolition, if not taken then the same will be disposed by the project authority without giving any further notice.

APs will be provided with an advance notice of 3 months prior to dislocation. Further, all compensation will be paid to APs at least three months before displacement or dispossession of assets to enable APs to effect relocation in a timely manner.

33 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.


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In the event of any change in the subproject/package road design and RP budget, the RP will be revised accordingly and will be subject to ADB approval before award of any civil works contract. Public consultations and disclosures will be organized involving all stakeholders, affected persons, local representatives in local language to disclose the entitlement matrix as outlined in the RP. The public disclosure of this RP will be undertaken before the ADB’s Management Review Meeting (MRM)35.

35 The Management Review Meeting (MRM) is scheduled in September 2008.

Full Resettlement Plan for Package – IV: Barhet - Sahebganj Section ADB State Road Project in Jharkhand

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CHAPTER 6:

CONSULTATION AND STAKEHOLDER PARTICIPATION

6.1. Introduction

ADB’s Policy on Involuntary Resettlement stresses that affected people should be fully informed and closely consulted on resettlement and compensation options. Consultation with APs is the starting point for all resettlement related activities. Experience indicates that involuntary resettlement generally gives rise to severe problems for the affected population and they are generally apprehensive that they will lose their livelihoods. These problems may be reduced if, as a part of subproject planning and implementation, people are properly informed and consulted about the project, about their situation and preferences, and are allowed to make meaningful choices. This serves to reduce the insecurity and opposition to the subproject which otherwise are likely to occur.

Based on the above principles, the subproject will therefore ensure that the affected population and other stakeholders are informed, consulted, and allowed to participate actively in the development process. This will be done throughout the subproject, both during preparation, implementation, and monitoring of project results and impacts.

The significance of people’s participation and consultation in any Project during preparation is well recognized by the NPRR as well. In keeping with the ADB and NPRR principles, consultation and community participation was encouraged during the course of the initial poverty & social assessment (IPSA) undertaken in August 2007. Discussions and meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. Subsequent consultations were also organised at key locations during the course of the Resettlement Census survey in April 2008.

6.2 Methods of Community Consultation

During the course of the social assessment, consultation meetings were held to inform the communities and population about the positive as well as negative impacts of the road improvement scheme. Consultations and discussions were held along the subproject with the affected households and other stakeholders including village head men, gram panchayat members, head of households, women’s groups, shopkeepers, tenants etc. These meetings were used to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions) are detailed below in Table 6.1.

Table 6.1: Methods employed during the course of consultations at the time of Social Assessment & Resettlement Survey

Stakeholders Method

Local communities Individual Interviews, field level observations, community consultations & meetings


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Individual Household Interview of Affected Households

100% Survey of the total affected households

Village Headmen & Gram Panchayat members (local elected representatives)

Small discussions

Women’s belonging to various socio-economic groups

Focus Group Discussions (FGDs)

Affected Shopkeepers, tenants and squatters Focus Group Discussions (FGDs)

Other vulnerable groups (ST and those BPL) FGDs

Government Stakeholders (BDO, CMOs, ANMs, Teachers etc)

Semi-structured interviews

Source: IPSA, August 2007 and Resettlement Survey, Jan-Feb 2008

6.3 Consultation – Scope and Issues

During the consultations, efforts were made by the survey team to:

• Ascertain the views of the APs, with reference to land acquisition and project impacts;

• Understand views of the community on Resettlement and Rehabilitation (R&R) issues and rehabilitation options;

• Identify and assess the major socio-economic characteristics of the villages to enable

effective planning and implementation;

• Obtain opinion of the community on issues related to the impacts on community property and relocation of the same.

• Finally, to establish an understanding for identification of overall developmental goals

and benefits of the project.

6.4. Feedback from Community Consultations

6.4.1 Consultations Findings at time of IPSA

The development of an area is directly related to the networking it has with other places. For this purpose, it is really important to have an efficient transportation system that will lead to the economic development of the area. Good conditions of roads provide the people with better transport and less travel costs and time. With good roads, people’s access to the available socio economic facilities like health, education, trade centres etc. also increases thereby adding to their quality of life.

In a state like Jharkhand, where a significant proportion of the population is poor and rural, the absence of an effective transport system further aggravates the challenges. The improvement of the sample subproject road is anticipated to lead to better connectivity of the areas falling along the roads to the district and commercial centres. As a result, the Project


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will open up socio-economic avenues and opportunities for the local population particularly in the field of education, employment, trade and business, health etc which will further lead to the overall development of the project area as well as of its inhabitants.

In the consultations and discussions undertaken in all the four road packages, majority of the local communities expressed a welcoming attitude towards the project. A large number of people were of the opinion that the road improvement will benefit them in many ways. It will lead to the accessibility to the available facilities, increase in employment opportunities, business and trade, improved transportation system and so on. Some of the major benefits as voiced by the community comprised of:

• Increase in income and employment opportunities The project is anticipated to increase the transportation as well as the connectivity of the area, making it possible for the inhabitants to travel to other districts for the purpose of employment in turn leading to increase in avenues as well as their monthly income.

• Change in mode and frequency of transportation resulting from improved road will

increase the number of public transport at a regular interval with less travel charges. • Increased accessibility to health and educational facilities for the local population • Anticipated Gender impacts include augmented mobility of women and improved

health and education status resulting from improved access to health facilities

For a detailed account of the key findings emerging from social assessment of August 2007, please refer to the detailed Initial Poverty and Social Assessment (IPSA).

6.4.2 Consultations Findings at time of Census Survey

A total of 9 community consultations were undertaken along the subproject during the course of the Census Survey. Table 6.2 below enumerates the location, number profile and key issues discussed in these consultations.

Table 6.2: Summary of Community Consultations

Village Number & Profile of

Participants

Issues Discussed & Concerns Raised

Steps taken to address the concerns

Chepkia 15-17 community members

comprising of Pradhan and

villagers

The consultation among the various stakeholders, were centered around the Project timeline and the need for appropriate and adequate relocation assistance to be extended those whose structure would be affected by the by project.

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the


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affected structures.

Narayanpur, Dadla

20 community members

comprising of Pradhan,

shopkeepers and the general

community

The community consultation in the village was on the preference of the villagers of shifting the present alignment towards the right side. There was a general disagreement among the community on the present technical design. According to them, the present technical design would affect a large number of shops on either side of the project road.

However, they opined that if the alignment was shifted towards the right, the number of commercial enterprises and other structures affected would decrease. This was mainly so, as there were few commercial enterprises on the other side.

Additionally, there was a cemetery along the project road. The community expressed their concern over the alignment of the proposed widening of the existing road. They suggest that the road could be narrowed at this location so that it does not disturb the cemetery.

These suggestions were duly taken into account and integrated in the design.

Mohanpur 12 community members


shopkeepers and villagers

Mohanpur is primarily a market place though there are agricultural lands along the project road. In all it as 1.5 KM long stretch having both agricultural land as well as structures mainly commercial and residential cum commercial on the roadside.

Since the project is going to impact many of the structures along the roadside, the community members were consulted for gauging their opinion on the relocation and rehabilitation options.

One of the suggestion by the community participants was that the affected persons may be allotted the one acre of Government land available in the village for relocation, if need be.

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures. Also the NGO/R&R implementation agency would provide support to the severely affected households losing structures in identifying relocation sites and shifting their.


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Pobia 20 community members



Similar to Mohanpur, Pobia is also a market place which is around 1.5 km long. Though essentially a commercial centre, it has agricultural land as well along the roadside. Thus, the project would affect these agricultural land as well as structures – commercial, residential and residential cum commercial assets.

During the community consultations in Pobia community gave suggestion on relocation and rehabilitation option available to the affected households. The consultations brought forth the suggestion of the affected community on the relocation site available in the village itself. There is some Hatia/Market land available in the village, which would be the most feasible site for relocation within the village.


Hatsar, Dumma, Chundih, Palubera

10 community members



In all these villages, it was seen that the LAP and the DPR designs are different and suggest different stretches of land acquisition. The LAP is based on the old road passing through the village whereas the DPR on the new existing road. Thus, measurement and survey could not be carried out in these villages, except in Dumma and Palubera where measurement of the affected asset was carried out but survey could not be done.

Various stakeholders in the project like officials visited these villages from Engineering department, Land Acquisition department, and the technical persons responsible for pegging along the road for the project as well as the general community.

-

Pokhariya 15 community members


villagers

In the subproject village of Pokhariya, the project would affect a historical pond in the village from which the village derives its name (Pokhar is the local term for pond).

The proposed project road would run though the middle of this pond

In keeping with the community suggestion, the technical design has been adapted to avoid any impact on the pond.


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dividing it into two and affecting sanctity of the same. This was one of the key issues discussed in the community consultations. The community expressed their desire for a change in the technical design so that the pond would not be disturbed.

Latani 20 community members



Latani is a market area in the subproject section. The villagers would bear an impact on the agricultural, residential, commercial as well as residential cum commercial assets. The census survey identified almost 30 structures (of all types) being affected by the project and maximum of them are on the right hand side of the project road.

The community consultation focused on the need for adequate compensation and relocation and rehabilitation support to those affected.


Koridih 15 community members


villagers

The subproject village of Koridih is around 2 kms long the project road. The village is densely populated and there is a mosque on the roadside. The survey has brought forth that there are about 57 residential assets on the left hand side and 55 on the right hand side of the road. In addition, it was seen that majority of the households affected by the project own land at the back of their existing houses. Hence, they can relocate and rehabilitate their affected assets to the available land.

The objective of the consultation was to make the general community aware about the project as well as the purpose of conducting the Study. Since the community was assured of compensation, they were co-operative during the course of the Study.

None

Source: Resettlement Survey, 2008


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6.5. Disclosure of Resettlement Plan

A summary of this Resettlement Plan (RP) will be translated into Hindi and Santhali and will be made available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of subproject-level Disclosure workshops prior to loan negotiation. Copies of summary RP will also be made available at the local level public offices such as revenue offices and gram panchayat to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RP will also be disclosed on the ADB Website.

In case of change in subproject design thereby entailing change in resettlement impacts, a re-evaluation and updation of this RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and after ADB review and approval.

6.6. Plan for further Consultation & Community Participation during Project Implementation

The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with APs will form part of the project implementation. A local NGO/ R&R Implementation agency will be entrusted with the task of conducting these consultations during RP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration. The consultation will continue throughout the project implementation. The following set of activities will be undertaken for effective implementation of the Plan:

• The DIC, with NGO/ R&R Implementation agency assistance, will conduct information dissemination sessions in the subproject area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation.

• During the implementation of RP, a contracted NGO/ R&R Implementation agency and/or

DIU, Resettlement Officers (ROs) will organize public meetings, and will appraise the communities about the progress in the implementation of subproject works, particularly in areas to be affected by road improvement.

• Consultation and focus group discussions will be conducted with vulnerable groups like

women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

• The DLIC, RO and/or NGO/ R&R Implementation agency will organize public meetings to

inform the community about the payment and assistance paid to the community. • In addition, regular update of the program and resettlement component of the project will

be placed for public display at the subproject offices. • Lastly, participation of APs will be further ensured through their involvement in the

Grievance Redress Cell.


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• Lastly, EA through DIC will maintain an ongoing interaction with APs to identify problems and undertake appropriate remedial measures.


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CHAPTER 7:

INSTITUTIONAL FRAMEWORK

7.1. Introduction

Implementation of RP will be carried out through a set of institutions at various levels. This chapter describes the implementation framework, and the organizations involved – their roles and responsibilities – in the implementation of the plan. The primary R&R institutions in this project would include

• High level Committee at the State level headed by Chief Secretary or Development Commissioner (to be constituted)

• Executing Agency (EA) will be the Road Construction Department (RCD) • EA will be supported by District level Implementation Cells (DIC) at district level. The DIC

will use the services of the following institutions in implementation of the sub components of the project including resettlement actions.

District Level Task Force (DLTF) Non-Government Organizations (NGO)/ R&R Implementation agency Grievance Redressal Cell (GRC) Independent M&E Agency

7.2. Executing Agency

Executing Agency (EA) of the State Road Project in Jharkhand is the Road Construction Department (RCD) of the State government and will be responsible for overall strategic guidance, technical supervision, execution of the project, and ensuring compliance with the loan covenants.

7.3 Roles & responsibilities

7.3.1 Project Implementation Cell (PIC) Project Implementation Cell under Road Construction Department will be established in Ranchi. This PIC will be headed by a full-time Director (ADB Project) reporting to the Secretary – RCD. The Director will be supported by a Senior District Magistrate who will act as the Land Acquisition Officer, Grievance Redressal & Information Officer.

The PIC will have the overall responsibility for policy guidance, coordination and planning, internal monitoring and overall reporting of the Project. Some of the key responsibilities of the PIC will entail the following:

⇒ Appointing Project Support Consultants, and R&R implementing NGO/agency, where required;

⇒ Design and supervision of the subproject;

⇒ Ensuring availability of budget for R&R activities;


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⇒ Overall execution of the Project

⇒ ensuring conformance with state, national and ADB social and environmental safeguards policies.

7.3.2 District level Implementation Cell (DIC) The DIC will be headed by the Executive Engineer and will have a dedicated R&R Officer (RO) to implement the RP.

The field based DIC will be responsible for the day-to-day implementation of the RP, assisted by local NGO/R&R Implementation agency s. The DIC supported by staff and NGO/R&R Implementation agency, will be responsible for the implementation of the subproject as well as the following:

Overall responsibility of implementation of R&R activities of the Plan;

Responsible for land acquisition and R&R activities in the field;

Liaison with district administration for land acquisition and implementation of R&R;

Ensure timely disbursement of compensation and assistance to the APs in close coordination with the concerned line department

DICs will be adequately staffed within two months of loan approval.

7.3.3 Resettlement & Rehabilitation (R&R) Officer

The Resettlement & Rehabilitation Officer will be responsible for the following:

• Ensuring subproject compliance with loan covenants;

• Undertake internal monitoring of resettlement implementation and prepare quarterly progress reports for submission to ADB and RCD - PIC.

• Oversee coordination with district administration and/or NGO/R&R Implementation agency for land acquisition and R&R and address problems or delays if any,

• Monitor physical and financial progress on land acquisition and R&R activities;

• Participate in regular subproject meetings; and

• Organize bi-monthly meetings to review the progress on R&R

• Monitor and oversee implementation of the resettlement activities and CPR relocation

7.3.3. District Level Task Force (DLTF) A District level Task Force chaired by District Collector and comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO), Executive Engineer and Additional District Magistrate and Relief Officer has been constituted at the each district level. The main


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objective of this DLTF will be to ensure inter-departmental coordination as well as ensure speedy resolution of issues and grievances of the communities.

DLTF will play the role of an arbitrator, providing a mechanism to mediate conflict and cut down on lengthy litigation and ensuring speedy resolution of grievances of the affected persons and communities. It is anticipated that most, if not all grievances, would be settled by the DLTF. The DLTF will meet once in two months and is expected to resolve the grievances of the eligible persons within a stipulated time.

The APs, who are not satisfied with the decision of the DLTF, will have the right to take the grievance to the PIC for its redress. Failing the redressal of grievance at PIC, the APs will take the case/grievances to Judiciary.

Grievance Redressal Cell: The RP will have a mechanism to ensure that the benefits are effectively transferred to the beneficiaries and will ensure proper disclosure and public consultation with the affected population. In order to effectively do the same a Grievance Redressal Cell will be established at the District Implementation Cell level. This Cell will comprise of the Executive Engineer, local NGO representative, community leaders (non- political), representatives of affected persons including women and vulnerable groups.

The main objective of this cell will be to provide an accessible mechanism to APs to raise their issues and grievances. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution (by means of DLTF), address these issues adequately. This cell will act as a bridge between the APs and the District level task force. It is proposed that GRC will meet regularly (at least once a month) on a pre-fixed date. The cell will look into the grievances of the people and will submit the same to the District level task force for resolution. Thereafter it shall report to the aggrieved parties about the development regarding their grievance and decision of DLTF. The claims will be reviewed and resolved within six weeks from the date of submission.

The GRC will continue to function, for the benefit of the APs, during the entire life of the project. Through public consultations and disclosures, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the NGO/ R&R Implementation agency to assist them in presenting their grievances or queries to this Cell.

7.3.4. Implementing Non Government Organization (NGO)/R&R Implementation

Agency Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the DIC in order to build a good rapport with the affected community and facilitate satisfactory R&R of the APs. To overcome this deficiency, experienced and well-qualified NGO/R&R Implementation agency in this field will be engaged to assist the PIU in the effective, timely and efficient implementation of subproject RP.


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The involved NGO/ R&R Implementation agency will be provided an orientation and training in resettlement management and resettlement policy adopted under the loan by the PIC- RCD.

The NGO/ R&R Implementation agency would play the role of a facilitator and will work as a link between the PIU and the affected community. Further the NGO/ R&R Implementation agency will inform the APs on aspects relating to LA and R&R measures for implementation of the Project and ensure proper utilization of various compensations extended to the APs under the R&R entitlement package.

It is extremely important to select NGOs/ R&R Implementation agency that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Resettlement Plan. Key quality criteria for the NGO/ R&R Implementation agency include:

Experience in direct implementation of programs in local, similar and/or neighboring districts;

Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal

reports, and audited accounts; and Integrity to represent vulnerable groups against abuses; experience in representing

vulnerable groups, demonstrable mandate to represent local groups. Draft Terms of Reference for the NGO/ R&R Implementation agency are appended as Annexure 3.

In addition, an independent Monitoring & Evaluation Agency/Expert will be appointed to closely monitor the progress of the RP implementation. The details of Project Monitoring & Evaluation have been provided in Chapter 9.

An organogram detailing the institutional arrangement is presented in Figure 7.1.


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Figure 7.1: Institutional Arrangement

Asian Development Bank Government of India

Government of Jharkhand

RCD – Executing Agency Secretary (RCD)

Project Implementation Unit (PIU)

High Level Committee Headed by Chief Secretary or Development Commissioner

GRC

LA, Grievance Redressal & Information Officer

Independent M&E

Affected Person & Community

District Level Task Force (DLTF) at

each district • District Collector • District LA Officer • District Forest

Officer (DFO) • Executive Engineer • Addnl. District

Magistrate

Director (ADB Projects) Project Implementation Cell

(PIC)



NGO NGO GRC NGO GRC


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7.4 RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 year period likely to commence ??? months or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the DICs, appoint NGO/agency for resettlement implementation and establish GRC. Prior to implementation of resettlement and related activities an updation of AP list based on the final detailed design will be undertaken. Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances36 will be paid to all APs prior to commencement of civil works. Figure 7.2 below enumerates the RP implementation schedule.

36 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.


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Figure 7.2: Implementation Schedule

YEAR 2007 YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011

PROJECT

COMPONENT & ACTIVITIES Q 3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

A. Project Preparation Phase Initial Poverty & Social Assessment (Completed)

Census survey of the subproject (Completed)

Finalization of subproject design and RP disclosure

Establishment of DIC Appointment of NGO/agency & Establishment of GRC

Preparation of LA Plan (by EA) Updating of AP list based on final detailed design

Submission of RP based on final detailed design

Review and approval of RP Information Campaign & Community Consultation

B. LA Activity & RP implementation


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Publication of notification under the State LA Act - appointment of competent authority

Land Market survey Final List of AP & distribution of ID cards

Determination of Compensation & issue of award by competent authority

Payment of compensation for Land & structures

Payment of all other eligible assistance C. Monitoring and Evaluation Appointment of independent M&E consultant

Internal Monitoring External Monitoring (intermittent)

D. Project Construction

Implementation of subprojects for 1st year/ Commencement of Civil Works


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CHAPTER 8

COST ESTIMATES & BUDGET

The following section comprises of the cost estimate for RP implementation. The cost estimate includes all the costs related to land acquisition, compensation, resettlement assistance, transport, monitoring and evaluation. The Executing Agency will make available required budget to cover all compensation and R&R cost. The budget rates, as well as the costs, are based on field-level information and past experience in resettlement management. The cost estimates included in this plan also make adequate provision for contingencies (Fifteen per cent).

The rates for land, structures, and trees that have been used in the cost estimates prepared in this plan have been derived through rapid appraisal and consultation with local revenue authorities, affected households, recent property sale/transfer to assist in the establishing of the market value for various types of land.

In addition to the compensation for affected assets and property at replacement cost, the affected households will also be eligible for a range of assistance in order to ensure restoration of lives and livelihoods. Some such measures are as follows: -

Transfer grant: A lump sum transfer grant at the rate of Rs.5,000 for shifting households assets and other belonging to new area/location. The cost has been worked out taking into account the average transport costs incurred in such transfers.

Rental accommodation: Project-affected families will further require assistance in case

they are unable to build their shops/residences after the project has taken possession of their property or after demolishing their structures. To meet the transit accommodation, a rental assistance in the form of a grant of Rs.10,000/family to cover three month rental accommodation has been considered. This rental assistance is as per the prevalent rentals in the area.

Transitional Allowance: Title holders & non-titleholders incurring impact on their primary

income due to displacement will be assisted with allowance to for loss of their income during the transitional period. This allowance would be in form of providing Minimum agriculture wage (MAW) for a certain number of days taking into account the extent and nature of lose:

o In case of Titleholders losing income through agriculture, Transitional

allowance equivalent 250 days of Minimum Agricultural Wage37 (MAW) in the state at the time of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

37 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.


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o In case of Titleholders losing income through business, Monthly subsistence allowance equivalent to twenty-five days minimum agricultural wages38 per month for a period of one year from date of displacement.

o In case of squatters and vulnerable encroachers losing primary source of

income, One-time financial assistance for transitional income support equivalent to one time payment of 60 days (2 months) of minimum wages39 as fixed by the govt.

o In case of wage earning employees, indirectly affected due to displacement of

commercial structure, one time payment of 60 days (2 months) of minimum wages40 as fixed by the govt.

Additional assistance for vulnerable households: Vulnerable41 affected person will be

given additional assistance of Rs.10,000 as lump sum. Based on this, Table 8.1 lays down the total estimated project budget for the subproject, which

is Rs. 210,011,092 (US$ 5,000,264).

Table 8.1: Consolidated Resettlement budget & Cost Estimates

PKG I Item Unit Rates

(in Rs.) Total Quantity Compensation

(in Rs.) R&R

Assistance42 (in Rs.)

Total (in Rs.)

A: Compensation for acquisition of Private Property

1. Agriculture Land Irrigated with 2 crops

180,000 0.98 acres 176,400 141,120 317,520

2. Agriculture land Bari Class I

(Cultivable but irrigated land) 163,000 60.87 acres

9,921,810 7,937,448 17,859,258

3. Private Land Residential & commercial

180,000 24.4 acres 4,392,000 3,513,600 7,905,600

38 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 39 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 40 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 41 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 42 In order to arrive at the replacement cost of land, 50% of the registration cost of the affected land at the time of notification along with 30% solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid. .


80

Pucca/ Permanent 593/ sq. ft.

63531 sq ft 37,673,883

Semi-Pucca 450/ sq ft 107,845 sq ft 48,530,250

4. (Residential Commercial structure & Resi cum Comm) Kutcha 300 sq ft 142,859sq. ft. 42,857,700

- 129,061,833

5. Common Property Resources Lump sum 2,500,000

Sub-total I Rs. 157,644,211

B: R&R Assistance

1. Transitional Allowance

1.1. Titleholders losing income through agriculture A. Transitional allowance equivalent to 250 days of Minimum Agricultural Wage43 (MAW) in the state in cases where the loss of land is less than 10% of the total land holding

22,750 / household 289 households - 6,574,750

B. Transitional allowance equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding

45,500 / household 55 households - 2,502,500

1.2. Titleholders losing income through business [Monthly subsistence allowance equivalent to twenty-five days minimum agricultural wages44 per month for a period of one year from date of displacement]

Rs. 27,300/

household 102 households - 2,784,600

1.3. Squatters and vulnerable encroachers losing primary source of income [One-time financial assistance for transitional income support equivalent to one time payment of 60 days (2 months) of minimum wages45 as fixed by the govt.]

Rs. 5460/ household

130 households - 709,800

Affected households Rs.10,000 218 households - 2,180,000

2.Rental Assistance

Tenants Rs.10,000 months 49 tenants - 490,000

43 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 44 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 45 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.


81

3. Shifting Assistance Rs.5000/ household 295 households - 1,475,000

4. Assistance to Vulnerable households

Rs.10,000/ household 347 households - 3,470,000

5. Assistance to Employees [one time payment of 60 days (2 months) of minimum wages46 as fixed by the govt]

Rs. 5460/ household

38 employees - 207480

6. Assistance for loss of structure (immovable assets constructed by squatters) equivalent to the financial assistance provided under Indira Awaas Yojana Scheme.

Rs. 35,000 / household 28 households - 980,000

Sub Total II - Rs. 21,374,130

C: Support implementation of RP

Independent Monitoring & Evaluation Agency Lump sum 500,000 per year for

three years - Rs. 1,500,000

NGOs Assistance for RP Implementation Lump sum 700,000 per year for 3 years - Rs. 2,100,000

Sub-Total Rs. 3,600,000

TOTAL (in Rs.) of Part I, Part II & Part III Rs. 182,618,341

Contingency (15% of the total) Rs. 27,392,751

Grand total (in Rs.) Rs. 210,011,092

(US$ 5,000,264)

46 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.


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CHAPTER 9

MONITORING AND EVALUATION

9.1. Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have actually achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfilment of the project objectives.

9.2. Monitoring at the EA Level

The monitoring mechanism will have a two-tier system at the EA level – Internal Monitoring and External Monitoring.

First Tier Monitoring: Internal Monitoring

One of the main roles of the PIC will be to oversee, proper and timely implementation of all activities in RP. Internal Monitoring will be a regular activity for the PIC, which will oversee the timely implementation of R&R activities. Internal Monitoring will be carried out by the PIC and its agents, such as NGO/R&R Implementation agency and will prepare monthly reports on the progress of RP Implementation. PIC will collect information from the subproject/package site and assimilate it in the form of monthly report to assess the progress and results of RP implementation and adjust work programme where necessary, in case of delays or problems. Both monitoring and evaluation will form parts of regular activities and reporting on this will be extremely important in order to undertake mid-way corrective steps.

Second Tier Monitoring: External or Independent Monitoring

External (or independent) monitoring will be hired by ADB to provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required. A social and economic assessment of the results of delivered entitlements and measurement of the income and standards of living of the APs before and after resettlement will be integral components of this monitoring activity.

To function effectively, the consultant/agency responsible for external monitoring will be independent of the governmental agencies involved in resettlement implementation. The consultant/agency will provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery


83

mechanisms and procedures as required. The external monitor will submit biannual review directly to ADB and the EA to determine the effectiveness of RP implementation. The monitoring consultant/agency will be selected within three months of loan approval by the EA with ADB concurrence. The monitoring will be carried out every year during the RP implementation. A sample Terms of Reference (TORS) to hire an external Monitoring & Evaluation Agency/ Consultant is enclosed as Annexure 4.

The key tasks during external monitoring will include: • Review and verify the internal monitoring reports prepared by PIC; • Review of socio-economic baseline census information of pre-displaced persons; • Identification and selection of impact indicators; • Impact assessment through formal and informal surveys with the affected persons; • Consultation with APs, officials, community leaders for preparing review report; • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons

for future resettlement policy formulation and planning. The following should be considered as the basis for indicators in monitoring and evaluation of the project: (i) socio-economic conditions of the APs in the post-resettlement period; (ii) communication and reactions from APs on entitlements, compensation, options, alternative developments and relocation timetables etc.; (iii) changes in housing and income levels; (iv) rehabilitation of informal settlers; (v) valuation of property; (vi) grievance procedures; (vii) disbursement of compensation; and (viii) level of satisfaction of APs in the post resettlement period.

9.3. Stages of Monitoring

Considering the importance of the various stage of project cycle, the EA will handle the monitoring at each stage as stated below:

I: Preparatory Stage. During the pre-relocation phase of resettlement operation, monitoring is concerned with administrative issues such as, budget, land acquisition, consultation with APs in the preparation of resettlement plan, payments of entitlement due, grievance redressal, and so on.

The key issue for monitoring shall include but will not be limited to: -

Conduct of baseline survey Consultations Identification of AP and the numbers Identification of different categories of APs and their entitlements Collection of gender disaggregated data Inventory & losses survey Asset inventory Entitlements Valuation of different assets Budgeting


84

Information dissemination Institutional arrangements Implementation schedule review, budgets and line items expenditure

II: Relocation Stage. Monitoring during the relocation phase covers such issues as assistance to APs (especially to vulnerable groups) in physically moving to the new site, selection of alternate place of relocation etc. The key issue for monitoring will be:

• Payment of compensation • Delivery of entitlement • Grievance handling • Land acquisition • Assistance to AP in identifying site for new residential/commercial units • Preparation • Consultations • APs who do not relocate but rehabilitate at same location • Payment of compensation • Livelihood restoration assistance. III: Rehabilitation Stage. Once APs have settled down, the focus of monitoring will shift to issues of income generation – schemes, activities & investments undertaken by APs, impact of the income generation schemes on living standards, and the sustainability of the new livelihood patterns.

The key issue for monitoring will be:

• Initiation of income generation activities • Provision of & rehabilitation of affected Common Property Resources • Consultations • Assistance to enhance livelihood and quality of life The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The RP contains indicators and benchmarks for achievement of the objectives under the resettlement programme. These indicators and benchmarks are of three kinds:

• Process indicators: including project inputs, expenditures, staff deployment, etc.

• Output indicators: indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc

• Impact indicators: related to the longer-term effect of the project on people's lives.

Input and output indicators related to physical progress of the work will include items as: • Training of DIC, ROs and other staff completed


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• Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • NGO/R&R Implementation agency recruited and trained • Meeting of DLTF & GRC • Grievance redress procedures in-place & functioning • Compensation payments disbursed • Relocation of PAPs completed • Employment provided to PAPs • Community development activities completed • Community infrastructure repaired • Income restoration activities initiated • Extent of government land identified and allotted to the PAPs, if any • Monitoring and evaluation reports submitted

9.4. Reporting Requirements

Internal Monitoring

PIC responsible for supervision and implementation of the RP will prepare monthly progress reports on resettlement activities to the Secretary - RCD. EA will submit quarterly reports to ADB.

External Monitoring: The independent monitoring agency/expert, responsible for overall monitoring of the Project, will submit a biannual review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored /enhanced and suggest suitable recommendations for improvement.

Documents

India: Jharkhand State Roads Project · ADB State Road Project in Jharkhand - 4 - LIST OF ABBREVIATIONS ADB Asian Development Bank BSR Building Schedule Rates BPL Below Poverty Line