SUMMARY LAND ACQUISITION PLAN

Supplementary Appendix to the

Report and Recommendation of the President to the Board of Directors

on the

RURAL ROADS SECTOR I PROJECT

in

INDIA

Ministry of Rural Development State Government of Chhattisgardh

State Government of Madhya Pradesh

December 2003

This report was prepared by the Borrower and is not an ADB document.

SUMMARY LAND ACQUISITION PLAN A. Description of the Project

1. The proposed Rural Road Sector I Project (the Project) under the Ministry of Rural Development (MORD) of the Government of India (GOI) involves improvement of rural roads in Chhattisgarh (CG) and Madhya Pradesh (MP). The Project is a part of the Pradhan Mantri Gram Sadak Yojana (PMGSY) - a national program established in 2000 to provide rural connectivity through all-weather roads to villages with population of 500 to 1,000 persons by the end of 2007. The primary objective of the program is economic growth and poverty reduction through enhanced access to market, employment and social services, including health and education.

2. In accordance with ADB’s procedures for sector lending, six districts – two in CG and four in MP – were identified for prior assessment of land acquisition and resettlement aspects of subprojects (Table 1). Each of these districts included 25-60 km of road subprojects.

Table 1: Distribution of Subprojects Examined in Chhattigarh and Madhya Pradesh

State District Number of Subprojects Total Length (km)

Bastar 4 44.57 Mahasamund 5 60.00

Chhattisgarh

Subtotal 9 104.57 Bhopal 7 25.04 Sehore 4 24.73 Guna 10 50.00 Sidhi 10 43.00

Madhya Pradesh

Subtotal 24 142.77 Total 33 247.34 3. The subprojects were selected in accordance with the eligibility criteria in the PMGSY Guidelines. In particular, they serve populations of at least 1,000 that lack any all-weather road connection. Construction of new roads or alignments involving fresh acquisition of land and displacement of people are not eligible under the program. B. Project Area of Influence/Impacts

4. The project area of influence is predominantly agricultural and remote, particularly in the case of CG. Road connectivity will allow motorized access to district and taluka (subdistrict) headquarters. The existing roads were constructed by panchayat/village governments on revenue land (government land). The width of the existing roads is sufficient for the proposed 7.5 m right-of-way (ROW) for improvements/upgradation, which was confirmed through field level verification of 247 km of subprojects in MP and CG. 5. The construction of the subprojects will require minimal acquisition of land for adjustment of shoulder and drainage only (Table 2). Based on the survey, it is estimated that less than two acres of land per subproject or 0.26 acre/km would need to be acquired for road improvements and upgrading. The total number of household likely to be affected is 621 (192 in CG and 429 in MP).

2

Table 2: Subproject Impacts in Chhattigarh and Madhya Pradesh

State District No. of

Stretches Land Acquisition

(acre) Households Affected

Bastar 4 21 57 Mahasamund 5 33 135

Chhattisgarh

Subtotal 9 54 192 Bhopal 7 1.75 75 Sehore 4 1.61 75 Guna 10 3.50 150 Sidhi 3 3.01 129

Madhya Pradesh

Subtotal 24 10.07 429 Total 33 64.07 621 6. In MP, the average loss of land per household is 0.07 acre (less than 0.2 percent of the holding) while households in CG will experience loss of an average of 0.28 acre. In CG, 47 percent are small/marginal farmers (less than five acres) and the rest have over 5 acres of holding. Of the 192 households in CG, about 32 affected households will experience 10-15 percent loss of frontage of structures (mostly residential) due to road widening through the village. In MP, 30 out of 98 households interviewed will also experience loss of frontage. Only one temple will be affected by the construction of subproject roads in Chhattisgarh. 7. The effort to minimize impact was undertaken during the initial design by keeping the ROW within the existing alignments. In pursuant to the PMGSY Guidelines, technical design was adjusted to avoid or minimize loss of structures, particularly in cases where the existing road runs through intermediate village(s) either by construction within the ROW or bypass around the village. For the three proposed bypasses (2 in MP and 1 in CG) around the affected villages, 2.75 acres of revenue and/or private land would be required. C. Findings of Socioeconomic Surveys

8. Socio-economic surveys were conducted in CG and MP in November and December 2002, respectively. The surveys covered 164 households or 26 percent of the total affected households by the selected subprojects in the two states (Table 3). The survey collected detailed data on assets likely to be affected, ownership and tenure status of land, income and other socioeconomic parameters. Based on estimated incomes from all sources, about 30 percent households in MP and 47 percent in CG were found below the nationally defined poverty line (BPL).1 9. In MP, about 20 percent of the population belongs to indigenous/schedules tribes (STs) and scheduled castes (SCs). The proportion of STs/SCs groups is much higher in CG at 45 percent. The newly constituted state of CG historically contained the highest proportion of tribal/indigenous population of any state in India. The Project, however, will not adversely affect or cause any displacement/cultural disruption of the indigenous people. Instead, the STs will be immediate beneficiaries due to improved access to market and social services. The land acquisition plans (LAPs) for the subprojects

1 In terms of Rupee value, the poverty line is defined as an income of Rs311/per capita per month (rural)

and Rs482 for urban. Government of India, Poverty Estimates for 1999-2000, New Delhi, February 2001.

3

contain provisions for special assistance to affected STs/SCs and other vulnerable groups (e.g., female-headed households, disabled and elderly).

Table 3: Distribution of Affected Households in Chhattigarh and Madhya Pradesh

State Total Number of Affected Households

Number of Households covered by SES

%

Chhattisgarh 192 66 34 Madhya Pradesh 429 98 23 Total 621 164 26 D. Land Acquisition Principles and Compensation

10. The principles adopted for compensation in the two subprojects are guided by the ADB policy on Involuntary Resettlement, Land Acquisition Act of 1894, MP Land Revenue Code (1959)2 and MP Resettlement Policy (2002). The MP Resettlement Policy recognizes all affected persons irrespective of titles and provides provisions for project-assisted resettlement. The Land Revenue Code of 1959 provides for alternative/replacement land in the case of acquisition for district and rural roads. The LAPs for CG and MP stipulate eligibility and provisions for various types of losses (land, crops/trees, and structures). 11. In India, particularly under PMGSY, voluntary land contribution by affected households for improvement of rural roads has been a standard practice. The experience from the first two annual programs of PMGSY in 2000-01 and 2001-02 shows that villagers contributed voluntarily any additional land required for roads (e.g., shoulder adjustment and drainage) in order to avail the opportunity for improved access to market and other social services. In cases of any need for acquisition – for example, bypasses around the village – alternative/replacement land has been given to the affected households (in accordance to the Land Revenue Code of 1959) under the PMGSY schemes in MP. 12. Voluntary contribution is a standard practice and acceptable to the villagers. Therefore, in this project it is considered as an acceptable mode of acquisition due to the economic and social benefits accrued to them against very limited or insignificant impacts (loss of less than 0.2% of average holding in MP and 0.8% in CG). However, along with this practice of voluntary contribution of land, the Project will adopt two more options for mitigation of impacts: (i) provision for replacement land and (ii) cash compensation for acquisition due to the requirements of the ADB Policy. Replacement land and/or cash compensation for land would be paid in cases of any acquisition of land undertaken by the project. 13. The entitlement matrix in Table 4 establishes the parameters for mitigations of various losses identified by the socioeconomic surveys. The objectives of the subprojects LAPs for CG and MP are to mitigate various losses and to provide assistance to affected people to restore their income, including additional assistance to vulnerable groups.

2 This applies to CG because it predates the separation of the former MP into CG and MP in 2001.

4

Table 4: Entitlement Matrix

Type of Loss Identification of Affected Household

Entitlement Results of Action

(i) Voluntary contribution of land by owner(s) (ii) Loss of agricultural land for shoulder and drainage

(i) Owner of the affected plot (ii) Owner/operator of the affected plot

(i) No compensation for voluntary contribution for insignificant acquisition having no real impact on the owner (ii) Replacement land as per the Revenue code or cash compensation at replacement cost; plus refund of land registration costs, stamps, etc. incurred for replacement land

(i) Benefits – increased value of property and assets due to motorized roads (ii) Replacement land or cash compensation for lost assets

(iii) Loss of agricultural land for bypass around the village

(iii) Owner/operator of the affected plot

(iii) Replacement land of equal value as per the Land Revenue code or cash compensation, plus refund of land registration costs, stamps, etc. incurred for replacement land

(iii) Restoration of lost agricultural land

(iv) Loss of crops and trees

(iv) Owner(s)/ sharecropper/ tenants

(iv) Market value as assessed by forest dept for timber, agricultural extension for crops, and horticulture for perennial trees

(iv) Cash compensation for lost assets

(v) Loss of frontage /structure due to road improvement through the village

(v) Owner(s) of structures affected due to road improvement/upgrading

(v) Reconstruction cost (without depreciation) for lost frontage or structure; affected persons will be allowed to take salvageable at no costs

(v) Restoration of structure

(vi) Loss of assets by vulnerable groups

(vi) Affected female-headed households, STs/SC, disabled/elderly

(vi) Lump sum assistance Rs2,000 per household.

(vi) Additional assistance due to vulnerability

(vii) Loss of community structures

(vii) Affected community (vii) Cash compensation/reconstruction of the community structure with community consultation.

(vii) Restoration of community structures

14. On the basis of the entitlement matrix, people affected by land acquisition will be entitled to compensation for loss of land and trees/crops; structure/immovable properties; and additional assistance for vulnerable people. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no costs. Income losses will be compensated, including additional assistance to vulnerable groups. The cut-off date for eligibility is the date of census and/or notification by district collector in the specific road subprojects. Land replacement and compensation for structure will be paid at least three months prior to the commencement of construction work on the subproject. E. Stakeholder Participation, Disclosure of LAP and Grievances 15. In MP the Madhya Pradesh Rural Road Development Authority (MPRRDA), the implementing agency (IA) for the PMGSY, organized public consultation meetings with sarpanch (village head) and informed the stakeholders/villagers about the road improvement scheme, and the positive and possible negative impacts. In CG 24 community-level consultation meetings were held with affected families and other stakeholders, including village sarpanch, gram panchayat members, heads of households, and women’s groups. 16. Summary LAPs for subprojects in CG and MP will be translated into the local language(s) and distributed to the affected households and other stakeholders prior to loan negotiation. Copies of draft LAPs will be available at various public offices such as taluka (sub-district) and district offices, Block Development Office (BDO), and gram panchayat for local inputs. The summary LAPs will be disclosed on the ADB website. LAPs for CG and MP contain specific steps for further consultation and participation during project implementation.

5

C. Implementation Framework and Budget

17. MORD and the state governments of CG and MP are the executing agencies (EAs) for the Project. MPRRDA will the IA in MP and the Chhattisgarh Rural Roadsd Development Agency (CGRRDA) will be the IA in CG. A Social and Land Acquisition Committee (SLAC) will be established within the IA for LAP implementation and capacity building (i.e. orientation and training for land acquisition management). At the subproject (district) level, the District Collector assisted by the IA staff/Land Acquisition Officer (LAO) will be responsible for land acquisition and payments of compensation and other benefits. 18. A Land Acquisition Implementation Committee (LAIC) for the subproject will be formed to coordinate and supervise the implementation of the LAP. The LAIC will be headed by the Head of Zilla (District) Parishad and consist of representatives from the district administration, local government (e.g., BDO/gram panchayat) and affected persons, including women’s representatives. The LAIC will prepare verification reports on voluntary contribution of land and/or status of cash compensation/allocation of replacement land to those who claimed for such compensation to be submitted to ADB prior to the award of civil work contracts. 19. A Grievance Redress Committee (GRC) will be established at the IA level to resolve any dispute regarding compensation and other benefits. The Head of the SLAC will chair the GRC with members from District Land and Revenue Department, representatives of affected people, including women/vulnerable groups. GRC claims will be reviewed and resolved within three weeks from the date of submission to the committee. 20. The estimated land acquisition costs for the selected sample subprojects in MP and CG are Rs1,978,000 ($40,367) and Rs1,986,000 ($40,531) respectively. The estimates include all costs related to compensation for structures and other benefits as per the entitlement benefits, and includes for NGO services and independent monitoring. D. Monitoring and Evaluation

21. The implementation of LAPs will be monitored both internally and externally. The Head of SLAC through the LAIC will conduct internal monitoring and prepare bi-annual reports and submit to ADB. The reports will contain progress made in LAP implementation with particular attention to compliance with the principles and matrix set out in the plan. An independent monitoring agency/expert to be hired by the state governments with ADB concurrence will carry out external monitoring for the entire project at the state level. The monitoring consultant will be selected within three months of loan approval. The monitoring will be carried out every year during the LAP implementation.