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Resettlement Plan

August 2013

IND: Bihar Urban Development Investment Program—Bhagalpur Water Supply Subproject Prepared by Bihar Urban Infrastructure Development Corporation Limited of the Government of Bihar for the Asian Development Bank. This is an updated version of the draft originally posted in January 2012 available on http://www.adb.org/projects/41603-023/documents.

Section 6.1 – Scope of Services

Annex D – Draft Resettlement Plan

Bhagalpur Water Supply Project 1 (BWSP1)

Draft Resettlement Plan (August, 2013)



Abbreviations and Definitions

Abbreviation Term or Definition

ADB Asian Development Bank

BRJP Bihar Rajya Jal Parshad

BUIDCo Bihar Urban Infrastructure Development Corporation

CLC

City Level Committee set up to monitor project implementation in

the town and also act as Grievance Redress Committee

CLO Community Liaison Officer of the implementing NGO

DOEF Department of Environment and Forest

DSC Design and Supervision Consultant

DWR Department of Water Resources

EARF Environmental Assessment and Review Framework

EIA Environmental Impact Assessment

EMP Environmental Management Plan

ESMC Environment and Social Management Coordinator at the Project

Management Unit

GRC Grievance Redress Committee set up to resolve grievances in the

town

GRM Grievance Redress Mechanism

IEE Initial Environmental Examination

IPP Indigenous Peoples Plan

IPPF Indigenous Peoples Planning Framework

MOEF Ministry of Environment and Forests

NGO nongovernmental organization

NRRP National Rehabilitation and Resettlement Policy

OHT overhead tank

PIU Project Implementation Unit

PMC Project Management Consultant

PMU Project Management Unit

PSC Project Steering Committee at the state level

UDHD Urban Development and Housing Department

ULB urban local body

WRD Water Resources Department

WTP water treatment plant

Note

"$" refers to US dollars



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This Resettlement Plan is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB's Board of Directors, Management, or staff, and may be

preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the Asian

Development Bank does not intend to make any judgments as to the legal or other status of any

territory or area.



CONTENTS

Page

EXECUTIVE SUMMARY i

I. PROJECT DESCRIPTION 1

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4

III. SOCIOECONOMIC INFORMATION AND PROFILE 4

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 6

V. GRIEVANCE REDRESS MECHANISMS 7

A. Common Grievance Redress Mechanism 7 B. Composition of GRC and PSC 9 C. Areas of Jurisdiction 10 D. Consultation Arrangements 10 E. Record-keeping 10 F. Information Dissemination Methods of the GRM 10 G. Periodic Review and Documentation of Lessons Learned 11 H. Costs 11 I. Legal Framework 11

VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 12

VII. INCOME RESTORATION AND REHABILITATION 14

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN 14

IX. INSTITUTIONAL ARRANGEMENTS 16

A. Implementation Arrangements 16 B. Program Implementation Unit (PIU) 17 C. Implementing NGO 17 D. Institutional Capacity 21 E. Coordination with other Agencies and Organizations 21

X. IMPLEMENTATION SCHEDULE 21

XI. MONITORING AND REPORTING 23

ANNEXES

Annex 1: Methodology for Estimation of Temporary Impacts 23

Annex 2: Summary of Discussions Held with Stakeholders at Subproject Sites 26

Annex 3: Survey Number and Ownership Details of Selected Sites for Subproject Facilities 34

Annex 4: Subproject Sites with Footprints of Proposed Facilities 35

Annex 5: Consultation and Participation Plan 53

Annex 6: Sample Grievance Redress Form 58

Annex 7: Summary Policy Frameworks 59



i

EXECUTIVE SUMMARY

1. Project Description. The Bihar Urban Development Investment Program

(BUDIP) aims at infrastructure development in four urban areas of Bihar (Bhagalpur,

Darbhanga, Gaya, and Muzaffarpur), using a multi-tranche financing facility. This

Resettlement Plan is prepared for the Bhagalpur Water Supply Project (BWSP1), to be

implemented under Tranche 1. Subproject components under BWSP1 include

rehabilitation of the Barari Water Works, 16 new overhead tanks (OHTs), rehabilitation

of one OHT, and new distribution mains and metered household connections. Screening

of BWSP1 shows that neither land acquisition nor permanent physical displacement is

required and only temporary impacts are anticipated. It is classified as Category B based

on Asian Development Bank’s (ADB’s) Safeguards Policy Statement, 2009. Measures to

avoid and minimize involuntary resettlement impacts included consideration of viable

alternative sites and/or locations for subproject components, in accordance with

safeguards frameworks to ensure that land acquisition, involuntary resettlement, and

other adverse impacts are avoided or minimized. Overall involuntary resettlement

impacts are to be further minimized during detailed design and subproject

implementation.

2. Scope of Land Acquisition and Resettlement. All land required for subproject

components in Bhagalpur has been identified. No land acquisition is required and no

physical displacement is anticipated. Based on a thorough survey of all possible site

alternatives, subproject components are proposed on government or municipal land,

where available. Three OHTs are proposed on vacant land belonging to a high school, the

Diocesan Centre, and a temple trust, and for each of these a no objection and lease

agreement with the Municipal Corporation, Bhagalpur is required. Anticipated

involuntary resettlement impacts include temporary impacts on non-titled persons such as

hawkers and vendors during construction of pipelines.

3. Socio-economic Information and Profile. Based on transect walks and

confirmation of project engineers, limited impacts are anticipated on permanent

structures. Temporary impacts on 3,704 non-titled persons (vendors with push carts,

baskets and moveable tables, and those with bamboo and tarpaulin repair stands) are

envisaged during construction of distribution pipelines. Transect walks reveal that 20% of

temporarily affected persons are vulnerable affected persons including women, children,

and affected persons with incomes below poverty line.

4. Information Disclosure, Consultation and Participation. Detailed

consultations with potential beneficiaries and affected persons revealed that there is a

great need for the water supply project in Bhagalpur, and consultations helped in

selection and finalization of subproject sites in Bhagalpur. The draft Resettlement

Framework and draft Resettlement Plan in local language were discussed in a city-wide

stakeholder consultation workshop and the documents were disclosed. The Resettlement

Framework and Resettlement Plan provide a strategy for continued consultation at

different stages of Resettlement Plan implementation.



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5. Grievance Redress Mechanism. The Grievance Redress Mechanism provides an

accessible, gender-sensitive and culturally appropriate platform for receiving and

facilitating resolution of affected persons’ grievances related to the project. The Project

Implementation Unit (PIU) and the implementing nongovernmental organization (NGO)

will resolve smaller issues and consult the Environment and Social Management

Coordinator (ESMC) at the Project Management Unit (PMU) regarding resolution of

larger issues. Unresolved grievances will be placed before the City Level Committee

(CLC) cum Grievance Redress Committee (GRC) at the city level, and then the Project

Steering Committee (PSC) at the state level, failing which, the complainant can seek

legal recourse.

6. Legal Framework. The policy framework followed for the Resettlement Plan is

based on the Land Acquisition Act, 1894 (amended in 1984), the National Rehabilitation

and Resettlement Policy, 2007, the Bihar Land Acquisition and Resettlement and

Rehabilitation Policy, 2007, and ADB’s Safeguard Policy Statement, 2009.

7. Entitlements, Assistance and Benefits. The entitlement matrix prepared for the

subproject provides for compensation of land and all assets to be acquired at replacement

value and also recognizes encroachers and squatters as affected persons. Vulnerable

households will be provided additional assistance, priority in employment for subproject

activities, skills and livelihood training, and income generating assets.

8. Income Restoration and Rehabilitation. Affected persons will be provided 30

days advance notice to ensure no or minimal disruption in livelihood. Should

construction activities result in unavoidable livelihood disruption, compensation for lost

income or a transitional allowance for the period of disruption, whichever is greater, will

be provided. Compensation and assistance to affected persons will be made prior to

possession of land and/or assets and prior to the award of civil works contracts.

9. Resettlement Budget and Financing Plan. The resettlement cost for the

subproject is estimated at Rs. 8.900 million.

10. Institutional Arrangements. The ESMC at the PMU within the Urban

Development and Housing Department will have the overall responsibility of overseeing

Resettlement Plan preparation (for future Resettlement Plans of future tranches),

implementation, and monitoring. The resettlement and/or social specialist of the Project

Management Consultant (PMC) will assist the PMU in preparing and/or updating

Resettlement Plan reports. The resettlement officer at the PIU will be responsible for

implementing and monitoring safeguards compliance, gender mainstreaming, and

consultation and participation. The implementing NGO will assist the PIU in

implementing and monitoring Resettlement Plan implementation.

11. Implementation Schedule. The entire process of Resettlement Plan

implementation including institutional arrangements, monitoring and rehabilitation of

temporarily occupied lands is expected to require 24 months.



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12. Monitoring and Reporting. Resettlement Plan implementation will be closely

monitored to provide the PMU with an effective basis for assessing resettlement progress

and identifying potential difficulties and problems. Monitoring will be undertaken by the

PIU (through the implementing NGO) with assistance from the PMU. The Executing

Agency (EA) will submit all monitoring reports to ADB for review.



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I. PROJECT DESCRIPTION

1. The Bihar Urban Development Investment Program (BUDIP) is expected to

improve the urban environment and living conditions in targeted urban areas. The project

will be implemented in four urban areas: Bhagalpur, Darbhanga, Gaya, and Muzaffarpur.

The improvement in urban infrastructure will include rehabilitation, improvement, and

expansion of: (i) water supplies, and (ii) sewerage and sanitation.

2. The project will be implemented using a multitranche financing facility. Project 1

funded by Tranche 1 comprises the Bhagalpur Water Supply Project (BWSP1).

Preliminary design has been developed for BWSP1, and on this basis, social assessment

was undertaken.

3. Subproject components for BWSP1 include rehabilitation of the Barari Water

Works, 16 Overhead Tanks (OHTs), rehabilitation of one OHT, and new distribution

mains and metered household connections. Table 1 provides a description of subproject

components in Bhagalpur.

4. Measures to avoid and minimize involuntary resettlement impacts included

consideration of viable alternative sites and/or locations for subproject components, in

accordance with the Resettlement Framework and the Environmental Assessment and

Review Framework (EARF) to ensure that land acquisition and other involuntary

resettlement impacts are avoided or minimized. Based on a thorough survey of all

possible site alternatives, subproject components are proposed on vacant government

land, where available. The overall impacts are to be further minimized during detailed

design and subproject implementation.

5. Screening of the subproject in Bhagalpur shows that neither land acquisition nor

permanent physical displacement is required. On the basis of preliminary design,

anticipated impacts are temporary, and will have impacts on non-titled persons, hawkers

and vendors during laying of networks. This Resettlement Plan is prepared for BWSP1

funded under Tranche 1. It addresses the involuntary resettlement impacts of the

proposed BWSP1 and is consistent with the draft Resettlement Framework for the

project.



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Table 1: Water Supply Subproject Components – Bhagalpur

Component Location Function Description Remarks

Rehabilitation of

existing Water

Treatment Plants

( 3 separate

plants)

Barari To treat raw water

drawn from the

Ganga River to

drinking water

standards

The refurbishment includes introduction of (i) alum

and lime dosing systems with necessary chemical

storage and mixing tanks, dosing-pumps, metering

device with 100% standby capacity; (ii) flash mixers

for coagulant rapid mixing; (iii) chlorination system

with necessary dosing mechanism, storage and safety

equipment in all three existing treatment plants; (iv)

electrical actuators for all existing sluice valves in the

Jewel Filter unit; (v) servicing of existing machinery

and equipment, and (vi) painting of various units.

Changes in existing

water treatment

works to improve

treatment efficiency

and output

Mechanical,

Electrical, and

Instrumentation

works

Existing Barari

Water Works

To improve overall

working of all three

water treatment

plants

(i) Installation of 2 nos of centrifugal pumps with

accessories; (ii) replacement of sluice and non-return

valves, pipes and fittings, (iii) air blowers for filters,

(iv) chemical mixing and metering system, flash

mixing system, (v) chlorination system, (vi) electrical

works including 33 kV/0.433 kV substation works, LT

switch gear panels and instrumentation works at

pumping station (vii) electro-magnetic flow meter,

ultrasonic type level indicator, pressure loggers, and

(viii) online residual chlorine monitoring system, and

chlorine leak detection system.

Existing renovation

Distribution

System

Area within the

current municipal

boundary

To improve coverage

and reduce losses and

ensure reliable and

continuous water

supply to consumers

Road cutting and earthwork excavation (concrete road

46,215 m3, asphalt road 10,721 m3, WBM road 13,120

m3 and brick road 1,291 m3), pipelines specials and

appurtenances, pipe jacking, installation of valves and

appurtenances, flow and pressure measurement

devices, installation of service connections,

interconnections, valve chambers, and miscellaneous

civil works.

Works include

laying of new

pipeline and

replacement of

existing ones

depending on study

findings



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Component Location Function Description Remarks

Service

Reservoirs

At 16 different

locations

identified by

Bhagalpur

Municipal

Corporation and

the design team

To supply water to

consumers and to

augment treated

water storage to meet

peak demand needs

Design, setting out, construction, testing and

commissioning of 16 new OHTs and rehabilitation of

one OHT.

New

Metered

Customer House

Service

Connections

In the resident

neighbourhood

Providing water

supply inside the

customer property

and measuring the

supply volume

New connections of approx. 52,000 of improved

materials for pipes and fittings and provision of Class

B consumption meter for measuring the supply volume

including rehabilitation of existing connections.



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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

6. All land required for subproject components in Bhagalpur has been identified and

as discussed in the previous section, there will be no land acquisition or population

displacement as a result of the subproject. There will be temporary impacts on non-titled

persons, hawkers and vendors during construction of pipelines.

7. The proposed subproject components are presented in Table 1. Subproject design

minimizes land acquisition and resettlement impacts.1 The following works are confined

within the compound of existing facilities and will not have any resettlement impacts: (i)

provision of bulk and consumer meters, (ii) decommissioning of tube wells, (iii)

replacement of pumping machinery and automation, and (iv) leak detection and

rectification. Thirteen of 16 OHTs will be on government land or municipal land. One

OHT will be on vacant land belonging to the Inter-level Muslim High School, one is on

the land of the Diocesan Centre, and one is on land belonging to a temple trust. Work on

distribution mains will not require permanent land acquisition as it will be undertaken

within the rights-of-way (ROW), although it can cause temporary disruptions.

8. Annex 3 presents details available on proposed sites for project facilities (survey

numbers, ownership and area), while Annex 4 presents sketches depicting footprints of

proposed subproject components in each identified land parcel. In two government school

sites, impacts on presently unused sheds at the edges of the sites are envisaged; the sheds

will need to be rebuilt, post OHT construction.

III. SOCIOECONOMIC INFORMATION AND PROFILE

9. To estimate the temporary impacts from an estimated 326 km of distribution

network improvement for the subproject, three transect walks of 300 m each were

conducted in Bhagalpur.2 Other impacts are confined to movable structures placed on

ROWs. Estimated resettlement impacts based on extrapolations from the transect walks

are presented in Table 2.

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

on institutional land which will not require acquisition or displacement. Refer also, details of discussions with

institutional stakeholders in Annex 3; it is evident that there is willingness to permit use of land for OHTs as the

proposed project is perceived as one that is greatly needed and beneficial for all. 2 Transect walks were conducted in three 300-meter sections namely DN Singh Road, Swami Vivekananda Path and

Barari (road in front of Mt. Carmel School) - representing high, medium and low density areas. In the absence of

detailed designs, inputs were obtained from the program preparation engineer to assess the extent of impacts likely

due to the proposed works. Refer to Annex 1 for methodology socio-economic questionnaire used during transect

walks and summary of findings.



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Table 2: Summary of Resettlement Impacts

S.

No.

Category Impact

1 Permanent Land Acquisition (Ha.) None

2 Temporary Land Acquisition (Ha) None

3 Temporarily Affected Persons 8145

4 Titled affected persons (temporarily affected) None

5 Non-Titled affected persons (temporarily affected hawkers

and vendors)a

8145

5a Female affected persons (temporarily affected) 408

5b Child affected persons (temporarily affected) 408

5c Indigenous people/scheduled tribe affected persons None

5d Below poverty line affected person (temporarily affected) 816

5e Other (temporarily affected) 8145

6 Non-Titled affected persons (temporarily affected kutcha

residential structures)

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7 Affected Trees/Crops Land proposed behind

the Muslim High School

OHT 2/3 requires further

investigation

8 Temporarily Affected Land under common use OHT site 3/1

9 Affected Common Structures Temporary shanties,

offices and eating places

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

11 Income Sources Temporarily Affected Fruit, Vegetable, Tea

sellers, roadside eateries,

etc. a Temporarily affected land under common use.

10. Temporary impacts of distribution network improvement will be on affected

persons who are vendors with push carts, baskets and (moveable) tables (3,848) and those

with repair stands having bamboo and tarpaulin structures (1,079). All such affected

persons have makeshift structures and have squatted on the ROW for commercial

purposes.

11. Affected persons will be assisted in moving to the other side of the road and

returning after construction is completed. Where they are not required to shift, access will

be ensured by the Contractor. The construction period will be minimized and is estimated

to be less than 30 days per section of work. The summary of socio-economic information

based on transect walks presented in Table 2 reveals that 20% of temporarily affected

persons are vulnerable affected persons including women, children and those with

incomes below poverty line. The scope of land acquisition and resettlement identified is

based on preliminary design and will be updated during detailed design. Annex 1

provides the methodology for transect walks and results.



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IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

12. The Resettlement Plan was prepared in consultation with stakeholders. Detailed

discussions were held with municipal officials, owners and users of sites where

subproject facilities are proposed, academicians and environmental specialists based in

Bhagalpur University, fishers in Bhagalpur and potentials beneficiaries (residents).

Meetings and individual interviews of stakeholders, particularly potentially temporarily

affected persons, were held, and transect walks and interviews conducted to determine

the potential impacts of subproject construction to prepare the sample subproject

Resettlement Plan. Focus Group Discussions held with residents and/or users in and

around each of the identified OHT sites (refer to summary of discussions held at OHT

locations in Annex 2) revealed that the need for the water supply project in Bhagalpur is

great and people recognize the potential benefits in terms of improved quantity and

quality of water supplied. Even for OHT sites that are part of school compounds (selected

in the absence of any other suitable site in the vicinity), discussions with stakeholders

(school authorities, students and residents of the locality) revealed the acute need for

drinking water supply in the schools, that there is a need for a good water supply system

in recognition of its potential benefits, and that these subsume all other concerns (Annex

2). The consultations with stakeholders helped in selection and finalization of subproject

sites in Bhagalpur.

13. Bhagalpur is located adjacent to an environmentally sensitive area (the

Vikramshila Gangetic Dolphin Sanctuary on the River Ganga). Discussions with fishers

(Mallah community, belonging to Other Backward Castes category) revealed that they

normally fish 5-8 km downstream of the Vikramshila Setu Bridge. The fishermen

indicated the presence of an activist organization—the Jal Shramik Sammelan that aims

to protect fishing rights of fishers (earlier, fishing rights on the Ganga were held by a few

zamindars and/or land owning elite, who would contract out these rights to the Mallah

community and take a share of their daily earnings; this practice is now stopped as a

result of active lobbying through the Ganga Mukti Andolan launched by the Jal Shramik

Sammelan). The broad perception of fishers met was that any effort at dolphin

conservation would be good for the overall ecosystem and would lead to better harvests

(in terms of increased availability of different varieties of fish) as well. The fishers met

appeared to be aware of environmental issues as their livelihood depends on these. It is

expected that conservation actions as part of the subproject will improve fishers’

livelihoods.

14. As part of project preparation, a city wide stakeholder consultation workshop was

held, to provide an overview of the project and subprojects to be undertaken in Bhagalpur

and disclose the draft Resettlement Framework and Resettlement Plan. These two

documents were in local language. These documents were also placed in Municipal

Office, Revenue Department, and Bihar Rajya Jal Parishad (BRJP). These will be also be

placed in the PIU office once established and in public locations.

15. Information continues to be disseminated to affected persons and beneficiaries

through various media. The nongovernmental organization (NGO) engaged to implement



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the Resettlement Plan will undertake consultations, information dissemination, and

disclosure. A strategy for continued consultations and participation is in the Resettlement

Framework. The finalized Resettlement Plan will also be disclosed in websites of the

Asian Development Bank (ADB), state government, local government, PMU, and PIU.

ADB review and approval of the Resettlement Plan is required prior to award of civil

works contracts; and compensation and/or assistance of affected persons is required prior

to commencement of civil works.

16. The consultation and participation plan identifies consultation and disclosure

activities with specific reference to resettlement planning and implementation and

environmental assessment and implementation of the Environmental Management Plan

(EMP) to be followed for each subproject and the institutions responsible, see Annex 5

for details.

V. GRIEVANCE REDRESS MECHANISMS

A. Common Grievance Redress Mechanism

17. A common Grievance Redress Mechanism (GRM) will be in place for social,

environmental or any other project and/or subproject related grievances; each

Resettlement Plan, Indigenous Peoples Plan (IPP), and Initial Environmental

Examination (IEE) and/or Environmental Impact Assessment (EIA) will follow the GRM

described below, which is developed in consultation with stakeholders, including affected

persons and NGOs. The GRM will provide an accessible platform for receiving and

facilitating resolution of affected persons’ grievances related to the project. Grievances

and/or suggestions of affected persons can be dropped in suggestion boxes set up for the

project in key locations including subproject sites, or conveyed through phone or mail.

The Community Liaison Officer (CLO) of the implementing NGO will be responsible for

conducting periodic community meetings with affected communities to understand their

concerns and help them through the process of grievance redressal (including translation

from local language, recording and registering grievances of non-literate affected persons

and explaining the process of grievance redressal).

18. Grievances will first be registered at the complaints cell of the implementing

NGO or PIU, who will resolve smaller issues and in case of larger issues, they will

consult or seek the assistance of the Environment and Social Management Coordinator

(ESMC), PMU.3 Grievances not redressed through this process within one month of

registration will be brought to the notice of the City Level Committees (CLC) set up to

monitor project implementation in each town. As a Grievance Redress Committee

(GRC), the CLC will meet every month (if there are pending, registered grievances),

determine the merit of each grievance, and resolve grievances within a month upon

receiving the complaint—failing which the grievance will be addressed by the state-level

3 The grievance redress process cannot address expropriation related issues. Grievances related to award of

compensation can be addressed by the collector’s office and a court of law.



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Project Steering Committee (PSC) . Further grievances will be referred by affected

persons to the appropriate courts of law. The grievance redress process is shown in

Figure 1. The GRCs will continue to function throughout the project duration.



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Figure 1: Grievance Redress Process

CLC = City Level Committee, GRC = Grievance Redress Mechanism, NGO = nongovernmental organization, PIU =

Project Implementation Unit, PMU = Project Management Unit, PSC = Project Steering Committee.

Source: ADB. 2008. Project Preparatory Technical Assistance to India for Preparing Bihar Urban Development

Project. Manila.

B. Composition of GRC and PSC

19. The CLC, acting as a GRC will have District Magistrate (Chairperson), Mayor,

Municipal Commissioner, Head, PIU (Convener), city level heads of relevant

departments (such as BRJP, Road Construction Department, Public Health Engineering

Department, Electricity Board, State Pollution Control Board, Police, etc., and

departments such as Forest Department, Railways etc.), Chairpersons of the concerned

Municipal Corporation’s Standing Committee, ULB officials including Municipal

Engineer, Town Planning Officer, Medical and Health Officer, representatives from the

affected village panchayat and/or community, if any, eminent citizens, CBOs and NGOs.

The GRC and/or CLC must have a minimum of two women members. In case of any

indigenous people impacts in future subprojects (not envisaged in case of BWSP1 under

Tranche 1), the GRC and/or CLC must have representation of the affected indigenous

people community, including at least one female indigenous person, the chief of the tribe

or a member of the tribal council as traditional arbitrator (to ensure that traditional

grievance redress systems are integrated) and an NGO working with indigenous people

groups.

20. The PSC shall include, the Minister for Urban Development (Chairperson), State

Chief Secretary (Vice Chairperson), and Ministers, Directors and/or representatives of

other relevant government ministries and departments e.g., Finance, Planning, Public

NGO/PIU/PMU

Not Addressed

Affected Persons

PSC

Grievance

addressed

GRC/CLC

Grievance

addressed

Court of Law

Minor Grievances

Major Grievances

Not addressed

Grievance

addressed Not addressed



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Health Engineering Department, Roads, BRJP, etc., Mayors of respective Municipal

Corporations and the Project Director (Member Secretary and Convener) as members.

C. Areas of Jurisdiction

21. The areas of jurisdiction of the GRC—headed by the District Magistrate, will be

(i) all locations or sites within the district where subproject facilities are proposed, or (ii)

their areas of influence within the district. The PSC shall have jurisdictional authority

across the state (i.e., areas of influence of subproject facilities beyond district boundaries,

if any).

D. Consultation Arrangements

22. This will include (i) group meetings and discussions with affected persons, to be

announced in advance and conducted at the time of day agreed on with affected persons

(based on their availability) and conducted by the CLO of the implementing NGO and

PIU, at least twice during Resettlement Plan preparation, quarterly in the first year and

semi-annually in subsequent years of Resettlement Plan implementation to address

general and/or common grievances; and (ii) availability of CLO, implementing NGO and

Resettlement Officer, PIU on a fixed day of every week and/or fortnight (as required,

based on the number of grievances) for one-to-one consultations. The implementing

NGO will be responsible for ensuring that non-literate affected persons and/or vulnerable

affected persons are assisted to understand the grievance redress process, to register

complaints and with follow-up actions at different stages in the process.

E. Record-keeping

23. Records will be kept by the PIU of all grievances received including contact

details of complainant, date the complaint was received, nature of grievance, agreed

corrective actions and the date these were effected, and final outcome.

F. Information Dissemination Methods of the GRM

24. The implementing NGO will be responsible for information dissemination to

affected persons on grievance redress procedure, who to contact and when, where and

how to register grievance, various stages of grievance redress process, time likely to be

taken for redressal of minor and major grievances, and other key grievance related

information. Grievances received and responses provided will be documented and

reported back to affected persons at their request, at the time of grievance registration

(Annex 6 has the Sample Grievance Registration Form). The number of grievances

recorded and resolved and the outcomes will be displayed and/or disclosed in the offices

of the concerned local panchayat, ULB notice board, and the web.



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G. Periodic Review and Documentation of Lessons Learned

25. The implementing NGO and/or PIU shall periodically review the functioning of

the GRM and record information on the effectiveness of the mechanism, especially on the

project’s ability to prevent and address grievances.

H. Costs

26. All costs involved in resolving complaints (meetings, consultations,

communication and reporting and/or information dissemination) will be borne by the

PMU; cost estimates for grievance redress are included in resettlement cost estimates

(Section IX).

I. Legal Framework

27. The policy framework and entitlements for the project are based on: (i)

government policies (Land Acquisition Act, 1894 [amended in 1984]; National

Rehabilitation and Resettlement Policy, 2007; Bihar Land Acquisition and Resettlement

and Rehabilitation Policy, 2007); (ii) ADB’s Safeguards Policy Statement; and (iii) the

agreed Resettlement Framework. Based on these, the following involuntary resettlement

principles applicable are:

(i) land acquisition, and other involuntary resettlement impacts will be

avoided or minimized exploring all viable alternative subproject designs;

(ii) where resettlement is unavoidable, time-bound Resettlement Plans will be

prepared and census and socio-economic surveys of displaced persons will

be conducted;

(iii) improve or at least restore the livelihoods of all displaced persons;

(iv) carry out meaningful consultation with affected persons, host communities

and NGOs to ensure their participation in planning, implementation, and

monitoring of the resettlement program. Provide for social preparation to

ensure meaningful consultation, where required;

(v) vulnerable groups will be provided special assistance;

(vi) land for land compensation if feasible;

(vii) compensation based on replacement cost;

(viii) ensure that displaced persons without titles to land or any recognizable

legal rights to land are eligible for resettlement assistance and

compensation for loss of non-land assets;

(ix) pay compensation and provide other resettlement entitlements before

physical or economic displacement;

(x) provision of relocation assistance;

(xi) conceive and execute involuntary resettlement as part of a development

project or program. Include the full costs of resettlement in the

presentation of project’s costs and benefits;

(xii) establish an appropriate GRM;



12

(xiii) disclose the Resettlement Plan, including documentation of the

consultation in an accessible place and a form and language(s)

understandable to affected persons and other stakeholders; and

(xiv) monitor and assess resettlement outcomes, their impacts on the standards

of living of displaced persons.

28. Policy framework and entitlements are further discussed in the Resettlement

Framework. Annex 7 provides a comparison of national, state and ADB policies and

identifies how the Resettlement Framework addresses gaps in present policies.

VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS

29. The Entitlement Matrix in Table 3 summarizes the main types of losses and the

corresponding entitlements in accordance with Government and ADB policies.



13

Table 2: Entitlement Matrixa

S No. Type of Loss Application Definition of Entitled

Person Compensation Policy Implementation Issues Responsible Agency

1 Temporary disruption

of livelihood

(i) Legal titleholders;

(ii) Tenants, leaseholders;

sharecroppers; and

(iii) Persons with non-

recognizable claims

(encroachers, squatters,

hawkers, vendors, etc.).

(i) 30 days advance notice regarding

construction activities, including

duration and type of disruption.

(ii) Contractor’s actions to ensure there

is no income and/or access loss

consistent with the IEE.b

(iii) Assistance to mobile vendors and/or

hawkers to temporarily shift for

continued economic activity.c

(iv) For construction activities involving

unavoidable livelihood disruption,

compensation for lost income or a

transitional allowance for the period of

disruption whichever is greater.

Identification of

alternative temporary sites

to continue economic

activity.

Valuation Committee will

determine income lost.

Contractors will perform actions to

minimize income and/or access loss.

2 Impacts on

vulnerable affected

persons

All impacts Vulnerable affected persons

Livelihood. Vulnerable households will

be given priority in project construction

employment.d

Vulnerable households

will be identified during

the census.

NGO will verify the extent of

impacts through a 100% surveys of

affected households determine

assistance, verify and identify

vulnerable households and establish

extent of demand and/or

willingness to enrol in literacy

and/or numeracy classes.

3 Any other loss not

identified

(i) Legal titleholders;

(ii) Tenants, leaseholders,

sharecroppers; and

(iii) Persons with non-

recognizable claims

(encroachers, squatters,

hawkers, vendors, etc.).

Unanticipated involuntary impacts will

be documented and mitigated based on

the principles of the Resettlement

Framework.

- NGO will ascertain the nature and

extent of such loss. PMU will

finalize the entitlements in line with

the Resettlement Framework.

IEE = Initial Environmental Examination, NGO = nongovernmental organization, PMU = Project Management Unit. a Entitlements Matrix presented here is for identified and unforeseen impacts. A detailed Entitlement Matrix for different loss categories is given in Resettlement Framework Document. b This includes: (i) leaving spaces for access between mounds of soil; (ii) providing walkways and metal sheets to maintain access across trenches for people and vehicles where required; (iii)

increased workforce to finish work in areas with impacts on access; (iv) timing of works to reduce disruption during business hours; and (v) phased construction schedule and working one

segment at a time and one side of the road at a time.

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

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



14

VII. INCOME RESTORATION AND REHABILITATION

30. Affected persons will be provided 30 days advance notice to ensure no or minimal

disruption in livelihood. If required, they will also be assisted to temporarily shift for

continued economic activity; for example, they will be assisted to shift to the other side

of the road where there is no construction. Ensuring there is no income or access loss

during subproject construction is the responsibility of the Contractor. Consistent with the

environmental assessment, the Contractor will ensure: (i) that space is left for access

between mounds of soil; (ii) walkways and metal sheets provided to maintain access

across trenches for people and vehicles where required; (iii) increased workforce is

available to finish work in areas with impacts on access, and timing of works in such

areas that it reduces disruption during business hours; and (iv) phased construction

schedule is followed and work undertaken on one segment at a time and one side of the

road at a time.

31. Should construction activities result in unavoidable livelihood disruption,

compensation for lost income or a transitional allowance for the period of disruption,

whichever is greater, will be provided. Vulnerable affected persons will be given priority

in project construction employment. Highly vulnerable affected persons such as child

laborers and woman-headed households shall be identified and given the opportunity to

enroll in literacy and/or numeracy camps (14 day camps), following a demand survey by

the implementing NGO to determine the proportion willing to enroll.

32. Compensation and assistance to affected persons must be made prior to

possession of land and/or assets and prior to the award of civil works contracts.

33. For OHT sites proposed within school compounds, care must be taken to ensure

that the present use of the major portion of such land (as playground) is not affected. In

addition, each of the government schools will be provided water connections, and the

primary and middle school presently lacking toilet facilities will be provided toilets for

boys and girls. The Inter-level Muslim High School (the only affected non-government

school) will be provided a water connection and toilet facilities for boys and girls. These

measures will lead to further positive outcomes for the subproject.

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN

34. The resettlement cost estimate for the subproject (Table 4) includes eligible

compensation, resettlement assistance as outlined in the entitlement matrix, and support

cost for the Resettlement Plan. The government will finance resettlement implementation.

The total resettlement cost for the subproject is Rs. 8.900 million.



15

Table 3: Summary of Resettlement Costs

Tranche 1

Bhagalpur

Water Supply

(INR)

Cost in INR

Resettlement plan preparation

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

Personnel Costs

Personnel Costs of PMU/PIU/PMC personnela

Resettlement plan Implementation

Administrative and implementation costs : Implementing NGO

NGO engagement (personnel costs, office rental, physical facilities and materials)b 3,300,000

Resettlement Plan updation and/or surveys 270,000

Demand Surveys of Vulnerable affected persons for Literacy/Numeracy workshops 200,000

Internal Monitoring Surveys and/or Reporting 270,000

Assistance/Compensation/Mitigationc

Compensation for loss of landd -

Mitigation measures 1,800,000

Assistance/compensation for loss of non land assets to non-titled persons 270,000

Rebuilding affected structurese 270,000

Grievance Redress

Meetings, Consultations and Reporting 270,000

Contingencies

Price (5%) 350,000

Physical (20%) for unanticipated impacts such as temporary impacts on structures or temporary

loss of land), cost of renting out space and/or hiring labour to move vendors, cost of moving

kiosks, reconstruction of movable structures, if required etc.; or livelihoods training for fishing

community and / or literacy and/or numeracy camps for affected child labour and other highly

vulnerable affected personsf

1,900,000

TOTALg 8,900,000 a Personnel costs for Resettlement/Social Development Specialists in PMU/PIU/PMC and utility shifting costs

included in Detailed Cost Estimates for the investment program, are not presented in the above table. Utility

shifting costs shall be borne by state government of Bihar and/or ULB (as part of their 30% share of project

cost). b The Implementing NGO will be involved in resettlement as well as other activities such as IEC and/or

disclosure, consultation and participation, implementation of components of environmental management plan,

etc., NGO engagement costs indicated above cover all of these aspects. NGO will have to identify vulnerable and

women-headed household in consultation with ULB, to ensure their inclusion in the project its benefits. This is

related to broader project goals and is included in Resettlement Plan implementation costs as it is an activity to

be undertaken by the NGO. c Since transect walks revealed that all affected persons can be assisted to shift to nearby locations and are willing

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

(inadequate land available for provision of toilets as per norm). Hence, requirement is identified on the basis of

user demand and/or consultations with school authorities. Identified requirements are: for the government

primary (1 unit), Government Middle School (4 units) and Muslim School (7 units). e Temporary shanties, offices and eating places at OHT 3/1. f Estimation of cost of literacy and numeracy camps to be determined based on demand survey. g Cost of consultation, participation and disclosure included in Detailed Cost Estimates of the investment

program (refer Annex 5), are not included in the above table.

Source: ADB. 2008. Project Preparatory Technical Assistance to India for Preparing Bihar Urban Development

Project. Manila.



16

IX. INSTITUTIONAL ARRANGEMENTS

A. Implementation Arrangements

35. The Urban Development and Housing Department (UDHD) of Government of

Bihar is the Executing Agency (EA) for the project, which will receive strategic

directions from a state-level Steering Committee. The PMU within UDHD will have an

ESMC. Bihar Urban Infrastructure Development Finance Corporation (BUIDCo) will

house the PIU at state-level (Patna). PIU field offices shall be set up in each project town

to manage the implementation of subprojects. In addition, CLCs cum GRC will be set up

in each project town to periodically review subproject progress, facilitate smooth

implementation and finalize proposals for any legal, operational, and financial changes

required, in discussion with the PMU and UDHD.

36. The ESMC, PMU will be assisted by the PMC who will prepare

IEE/EIA/Resettlement Plan/IPP reports and provide advice on policy reforms. The PMU

will endorse subproject IEEs/EIAs and Resettlement Plans/IPPs prepared by the PMCs

and will have financing and monitoring responsibilities. ESMC will co-ordinate with

national and state agencies to resolve inter-departmental issues, if any. ESMC will also

monitor physical and non-physical activities under the investment plan and will monitor

implementation of safeguards plans and guide PIU as and when necessary. The PMU,

with support from PIU/PIU field offices (and implementing NGOs in case of resettlement

and/or indigenous people issues) will ensure mitigation of negative environmental and

social impacts due to the subproject, if any. The ESMC will oversee implementation the

EARF/Resettlement Framework/Indigenous Peoples Planning Framework (IPPF) by the

PIU/implementing NGO.

37. The PMCs will have an Environment Specialist and Resettlement/Social

Development Specialist who will be responsible for the preparation of IEE/EIA and

Resettlement Plan/IPP reports respectively. The Environment Specialist and

Resettlement/Social Development Specialist of PMC will review and finalize all reports

in consultation with the ESMC of PMU. The Environment Specialist and

Resettlement/Social Development Specialist of PMC will submit periodic monitoring and

implementation reports to PMU, who will take follow-up actions, if necessary.

38. The ESMC of PMU will endorse and/or submit periodic monitoring reports

received from PMC to the Program Director, PMU who will then submit these to ADB.

The monitoring report will focus on the progress of implementation of the IEE/EIA and

EARF, Resettlement Plan/Resettlement Framework and IPP/IPPF, issues encountered

and measures adopted, follow-up actions required, if any, as well as the status of

compliance with the subproject selection criteria, and relevant loan covenants. The PMU

will seek state government’s clearance for submission and disclosure of the

environmental and social monitoring report to ADB.



17

B. Program Implementation Unit (PIU)

39. The PIU at state-level will have an Environment Officer and Resettlement Officer

who will be responsible for implementation of the Environmental Management Plan in

each EIA/IEE and the Resettlement Plan/IPP respectively. Both officers will undertake

surveys and record their observations throughout the construction period to ensure that

safeguards and mitigation measures are provided as intended. The PIU through the

implementing NGO will be responsible for delivery of entitlements to affected persons.

In addition to the Environment Officer and the Resettlement Officer, the PIU will have a

Public Relations Officer. Together, they will be responsible for implementing and

monitoring safeguards compliance activities, public relations activities, gender

mainstreaming activities and community participation activities. It will be responsible for

obtaining statutory clearances and obtaining no objection clearances from government

agencies/other entities and entering into agreements with them for use of their land. It

will also coordinate for obtaining right of way clearances with related State and National

agencies. The PIU field office in Bhagalpur will have a Safeguards Officer who will be

responsible for data collection for IEE/EIA and Resettlement Plan/IPP preparation and

implementation. The PIU field office will obtain rights-of-way clearances and prepare

progress reports with respect to IEE/EIA and Resettlement Plan/IPP implementation.

40. The PIU shall recommend entitlements (finalized by the PIU/Design and

Supervision Consultant (DSC)/NGO in consultation with affected persons), which will be

examined/approved by the PMU, and will release payment. The PIU through the

implementing NGO will be responsible for delivery of entitlements to affected persons.

Organizational procedures/institutional roles and responsibilities for Resettlement Plan

implementation and steps/activities involved in delivery of entitlements are described in

Table 5.

C. Implementing NGO

41. The implementing NGO will assist the PIU in implementing and monitoring the

Resettlement Plan/IPP (duly approved by the PMU and reviewed/cleared by ADB prior

to implementation). The implementing NGO should have prior experience in resettlement

and indigenous people issues, have staff fully conversant with the provisions of the

Resettlement Plan/IPP, and adequate understanding of norms and customs of and respect

for indigenous peoples. NGOs hired for Resettlement Plan/IPP implementation will also

be responsible for addressing HIV/AIDS, and core labor standards. The NGO to be

procured should have experience in addressing such social issues.

42. The role of the NGO in Resettlement Plan implementation will be that of a

facilitator of the resettlement process. The NGO will work as a link between the project

and the affected community. They will educate the affected persons on the need to

implement the project and subprojects, on aspects relating to land acquisition and

resettlement measures and ensure proper utilization of compensation paid to the affected

persons under the entitlement package. After the approval of the micro plans, the NGO

will issue identity cards to the entitled persons. The NGO shall:



18

(i) Build a rapport with affected persons/indigenous peoples and PMU/PIU;

(ii) Educate affected persons on their rights, entitlements, and obligations

under the Resettlement Plan/IPP;

(iii) Ensure that affected persons/indigenous peoples including vulnerable

households receive their full entitlements;

(iv) Where options are available, provide advice to affected persons on the

relative benefits of each option;

(v) Assist affected persons on grievance redress through the established

system; and

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

43. The responsibilities of NGOs in Resettlement Plan/IPP implementation will

include the following:

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

(ii) Facilitate transparency in process4 and public participation;

(iii) Take the lead in joint verification and identification of affected

persons/indigenous peoples/vulnerable households, enlist affected

persons/indigenous peoples/vulnerable households, undertake counselling

for livelihood restoration, dissemination of project policies, documents,

etc.;

(iv) Identify training needs of CBOs/indigenous peoples/vulnerable groups for

income generation activities/literacy and numeracy and ensure that they

are adequately supported;

(v) Put forth grievances of affected persons/indigenous peoples to the GRC;

(vi) Generate awareness about livelihood restoration/livelihoods skills

development activities and opportunities for employment in project related

activities among affected persons/indigenous peoples/vulnerable groups,

and help them to make informed choices;

(vii) Assist the Safeguards Officer (PIU) in disbursement of checks (monetary

compensation) to affected persons;

(viii) Participate in public meetings and consultations as and when required; and

(ix) Submission of periodic Resettlement Plan/IPP implementation reports to

the ESMC (PMU).

44. The success of NGO inputs will largely depend on their liaison with affected

persons and other concerned government agencies. Arrangements would have to be made

during the first month of project implementation to set up the various committees and

implementation mechanisms required.

45. Figure 2 depicts the investment program’s implementation arrangements for

environmental and social safeguards.

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

the most effective and transparent manner.



19

Figure 2: Bihar Urban Development Investment Program Environmental and Social

Safeguards Implementation Arrangements

BUIDCo = Bihar Urban Infrastructure Development Corporation, ESMC = Environment and Social Management

Coordinator, NGO = nongovernmental organization, PIU = Project Implementation Unit, PMC = Project

Management Consultant, PMU = Project Management Unit, PRO = Public Relations Officer, UDHD = Urban

Development and Housing Department.

46. Table 4 gives the institutional roles and responsibilities for preparation and

implementation of Resettlement Plan/IPP.

BUIDCO/PIU

State Level

UDHD/ PMU

ESMC

Resettlement Officer Environment Officer PRO

PIU City level

Safeguards Officer

Displaced Persons

Implementing NGO

PMC

Resettlement/Social Specialist

Environmental

Specialist



20

Table 4: Organizational Procedures/Institutional Roles and Responsibilities for

Resettlement Plan Implementation

Activities Agency

Responsible

Subproject Initiation Stage

Finalization of sites/alignments for subprojects PMU

Disclosure of proposed subproject details including land acquisition and

proposed entitlements / mitigation measures by issuing Public Notice

Meetings at community/household level with affected persons of

land/property

Disclosure of GRM/process

Formation of Valuation Committees

PMU

NGO/PIU

PMU/PIU/NGO

PMU

Report (IEE/EIA/Resettlement Plan/IPP) Preparation Stage

Conducting census of all affected persons PMU/PIU/NGO

Conducting FGDs/meetings/consultations/workshops during SIA surveys

and IEE/EIA preparation

PMU/PIU/NGO

Computation of replacement values of land/properties proposed for

acquisition and for associated assets

Valuation

Committee/PIU

Categorization of affected persons for finalizing entitlements PIU/PMU

Formulating compensation and rehabilitation measures

Conducting discussions/meetings/workshops with all affected persons and

other stakeholders

PIU/PMU

PIU/NGO

Fixing compensation for land/property in consultation with titleholders Valuation

Committee/PMU

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

Disclosure of final entitlements and rehabilitation packages PIU/NGO

Clearance of IEE/EIA/Resettlement Plan/IPP PMU/ADB

Sale deed execution and clearance/release of payment PMU

Delivery of entitlements PIU/NGO

Taking possession of land PMU

Implementation Stage

Implementation of proposed rehabilitation measures NGO/PIU

Consultations with affected persons during rehabilitation activities NGO/PIU

Grievance redressala NGO/Safeguards

Officer/GRC

Internal monitoring PMU/PIU

External monitoring (in case of Category A subprojects) External Agency FGD=focus group discussions, GRC = Grievance Redress Committee, GRM = Grievance Redress

Mechanism, NGO=nongovernmental organization, PIU = program implementation unit, PMU = program

management unit, SIA = social impact assessment. a The program will have a GRM for redressing the grievances of affected persons, including indigenous

people communities, if any.



21

D. Institutional Capacity

47. Since no externally-aided urban infrastructure projects requiring capacity for

environmental management planning, resettlement planning, implementation and

monitoring in accordance with internationally accepted guidelines/safeguards

frameworks have been implemented in Bihar, and presently, entities such as BUIDCo and

ULBs do not have environmental/social safeguards personnel, capacity to handle

environmental/involuntary resettlement/indigenous people impacts, gender and

vulnerability issues, etc., needs to be built. The PMCs will be responsible for training of

PMU and PIU staff on aspects such as environmental planning/resettlement

planning/implementation, social protection and gender, including the specific recording,

reporting, and disclosure requirements.

48. Owing to the complexity of projects with indigenous people issues, there will be a

special focus on capacity building of government agencies and PMU/PIU staff on social

(distinct social, economic and cultural traits and traditions of indigenous peoples and the

importance of preserving them, including indigenous knowledge systems, etc.), legal

(traditional rights over land and land tenure issues) and technical aspects in such projects,

with an adequate budgetary provision.

49. The PMC will also be responsible for training the implementing NGO on

provisions of EARF/Resettlement Framework/IPPF. Further, capacity building of

community-based organizations (including indigenous people groups) in the project area

will be undertaken by the implementing NGO to ensure that they are able to represent the

affected groups more effectively. The PMC shall undertake this task with external

resources, e.g., anthropologists and development practitioners with relevant experience,

as required. Additional measures to enhance institutional capacity include exposure visits

of PMU, PIU, and implementing NGO staff to other Indian states that have successfully

implemented ADB funded projects.

E. Coordination with other Agencies and Organizations

50. The PMU will develop lateral linkages to achieve convergence/mobilize resources

to benefit affected persons (e.g. establishing linkages with the government’s livelihoods

programs) and to achieve the desired results expected from IEE/EIA and Resettlement

Plan/IPP implementation.

X. IMPLEMENTATION SCHEDULE

51. The resettlement implementation schedule is given in Table 6 below.



22

Table 5: Schedule of Resettlement Implementation

Activity Months

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

Establishment of PMU (including

ESMC) and PIU

Appointment of SDS / Resettlement

Specialist (PMC)

Appointment of NGOs

Briefing of the CLC on GRC functions

Census and socio-economic surveys

(issuance of ID cards)a

Consultations and disclosure

Confirmation of government land to be

used and transfer from other departments

RP preparationb

RP review and approval (PMU and

ADB)c

Issue notice to affected persons

Compensation and resettlement

assistance

Relocation as required

Skills training as required

Takeover possession of acquired

property

Internal monitoring

Handover land to the Contractor

Start of civil works

Rehabilitation of temporarily occupied

lands Immediately after construction

ADB = Asian Development Bank, ESMC = Environment and Social Management Coordinator, GRC = Grievance Redress Committee, NGO = nongovernmental organization, PIU = Project

Implementation Unit, PMC = Project Management Consultant, PMU = Project Management Unit, SDS = Social Development Specialist. a The census will be the cut-off date for non-titled affected persons. For titled affected persons, the cut-off date is the date of notification. b The Resettlement Plan will be updated based on final detailed design and affected person census and surveys. c Endorsement and disclosure of finalized Resettlement Plans consistent with the Resettlement Framework to be undertaken.



23

XI. MONITORING AND REPORTING

52. Resettlement Plan implementation will be closely monitored to provide the PMU

with an effective basis for assessing resettlement progress and identifying potential

difficulties and problems. Internal monitoring will be undertaken by the PIU (through the

NGO) with assistance from the PMU. Internal monitoring will involve: (i) administrative

monitoring to ensure that implementation is on schedule and problems are dealt with on a

timely basis; (ii) socio-economic monitoring during and after any resettlement impact

utilizing baseline information established through the socio-economic survey of affected

persons undertaken during project sub-preparation; and (iii) overall monitoring to assess

affected person status. Job charts will be given to the PMU indicating the targets to be

achieved during the month. Monthly progress report will be prepared and submitted to

PMU, reporting actual achievements against the targets fixed in their respective job

charts and reasons for shortfalls, if any. The PIU will be responsible for managing and

maintaining affected person databases, documenting results of affected person census,

and verifying asset and socio-economic survey data which will be used as the baseline for

assessing Resettlement Plan implementation impacts. The EA will submit all semi-annual

monitoring reports to ADB for review (please refer to the Resettlement Framework for

further details).



24

Annex 1: Methodology for Estimation of Temporary Impacts

1. Transect walks were undertaken for estimation of temporary impacts in

representative road sections in areas where water supply and sewerage pipelines and slum

improvement is proposed. Transect walks were conducted using a standard format for

recording details at 10 meters intervals and a checklist to gather socio-economic details

on affected persons. Three transect walks were conducted by the survey team along with

project engineers along proposed pipeline lengths; one each in high, medium and low

density areas, covering a length of 300 m in each. Based on the data gathered from

transect walks and confirmation with program preparation engineers and concerned

officials, the extent of temporary impacts were estimated/projected for the entire stretch

of pipeline.

2. The following information was captured through transect walks: number of

temporarily affected persons (titled and non-titled), their livelihoods, whether titled or

non-titled, whether BPL/indigenous people/female-headed household, whether common

structures/trees, etc., affected, whether income sources affected, etc.

CHECKLIST FOR TRANSECT WALKS: SOCIO-ECONOMIC SURVEY OF

AFFECTED PERSONS

City____________________

1. Address/locality:__________________________________________________

2. Name of respondent: _____________________________________________

3. Occupation and Income

Occupation Income (√ per day / per month

/ per year)

a. Primary Occupation

b. Secondary Occupation

4. Other Characteristics (Tick appropriate box):

Below Poverty Line

Household

Scheduled Caste Scheduled Tribe

Woman-headed

Household

Disabled Headed

Household

Child Labour

5. Characteristics of Structure (√)

a. Type Kutcha Semi-pucca Pucca

b. Use Residential Commercial

Residential-commercial /

Other (specify) (√)

c. Status Own Rent/Lease (√) Other

d. Title (for

“Own” structure)

Titled Non-titled

e. Characteristics

e.g. mobile / fixed



25

6. No. of occupants/employees ________________

7. If employees, average Wages paid ____________

8. Access to Common Facilities at current location (specify)_________________



26

Table A1: Summary of Socio-economic Information from Transect Walks

Category Nos. Backward

Community, if

any

Occupation Daily

Income

Range

Average

Daily

Income

Remarks

High Density – DN Singh Road, Bhagalpur

Temporarily

Affected

Persons

32 (Including

three below

poverty line, of

which 2 were

woman- headed

households and

2 children)

OBC-17, SC-3

and Religious

Minority-2

Fruit, Vegetable,

Tea, Datun (neem

sticks) sellers and

sellers of ceramic

wares, posters,

clothes, building

material (cement,

lime and mud) and a

watch repairer etc.

Rs70 to

Rs500

Rs175 All fruit and vegetable sellers

had baskets or carts with

wheels; tea seller had a table

and tarpaulin cover; watch-

repairer had a table; clothes

seller had a temporary

structure (bamboo and

tarpaulin); poster seller used

the footpath; ceramic wares

seller used a push cart.

Of the 2 children, 1 was a

member of the family (owner

of business) while another was

an employee.

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

Temporarily

Affected

Persons

1

OBC-1- Tea and cigarette

stall-

Rs120-

150-

Rs135- Temporary wooden structure

(moveable)

Medium Density – Swami Vivaekanand Path, Bhagalpur

Temporarily

Affected

Persons

Five

(including one

below poverty

line)a

OBC-2, SC-1 Tea stall, roadside

eatery, two-wheeler

repair mechanic,

clothes ironing stall

etc.

Rs80 to

Rs150

Rs126 Tea stall had a moveable

platform for making tea, a

bench for customers and was

tarpaulin covered;

Roadside eatery had

(moveable) tables and chairs

and a temporary structure

(bamboo and tarpaulin);

Two-wheeler mechanic used

the footpath (no structure);

Clothes ironing stall was a

temporary structure (bamboo

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

distribution networks under other programs. Of the remaining 243 km of roads, 20% are high density, 30% are medium density and 50%

are low density roads.

Summary of discussions held with persons likely to be temporarily affected:

(i) All hawkers and vendors are willing to shift to the other side of the road or nearby road for a few months during the

construction phase (as they perceived that the water supply project is required in Bhagalpur and would benefit all residents);

(ii) About 20% of the vendors in the High Density Area had employees or dependent relations working with them, who are

paid a fixed rate per day (ranging between Rs50–100 per day) or a share of daily profits (depending on their status); some of

the owners do not hawk wares, but have employees to do so, who report every evening to the owners and hand over the

profits to them; in turn, they are paid fixed daily wages (for a majority, ~Rs50 – 75 per day). Children and elderly women

who are employed by persons other than family are paid the lowest wages (Rs30-50 per day)

(iii) Maximum sale/income in High Density Area is during the festivals (Diwali, Chhat, Id, Dussehra–October to December);

hence it will be good if construction during these months/seasons can be avoided; vendors in other areas reported similar

earnings throughout the year.

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

less.



27

Annex 2: Summary of Discussions Held with Stakeholders at subproject Sites5

S. No. Proposed

zone /OHT

No.

Location and Site

description

Ownership Present features /

land use

Summary of Discussions with Local

People

Pictorial view of

site/location

1 4/4-1 At Launch Ghat Road

beside BCE Hostel,

Barari

(Changed location wrt

SAR)

Bhagalpur

College of

Engineering,

Education

Department, GoB

Unutilised corner of

playground

Discussions with teachers, students &

residents of the area (Krishna Devi, Lal

Bhadur Singh, Beena Devi, Neelam and

Bulu Devi) revealed acute felt need for

improved water supply and drinking water

facilities in school and surrounding areas.

2 4/4-2 Adjacent (west side) to

Bhagalpur Central Jail,

near Anandanagar

Colony (south west of

Sunderban)

Jawaharlal Nehru

Medical College,

Medical

Department, GoB

Open field, scrub land

high spot

Water pipeline laid in area, but no water

supply at present. Acute need for improved

system.

5 Includes OHTs at 2/1 and 3/3 to be taken up in Tranche 2.



28

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

3 4/4-4 In front of medical staff

quarter, Surkikal

(New additional OHT

wrt SAR)

Jawaharlal

Medical College,

under Medical

Department, GoB

4 3/3-1 South side open space of

municipality office

building

Kachari Chowk

Bhagalpur

Municipal

Corporation

Temporary shanties,

offices and eating

places

(There are a number of temporary

shanties, offices, and eating places)



29

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

5 3/3-2 Within campus of Road

Division, Bhagalpur

(behind the laboratory of

the Rural Development

Department)

Adampur

Executive

Engineer, Road

Division,

Government of

Bihar

Open field, shrub

land

6 3/3-3

(This OHT

is not

included in

BWSP1

under

Tranche 1,

but instead

will be

reviewed by

the

Contractor)

Barahpura Eidgarh in

the land of defunct tube

well of Municipal

Corporation

Sub Divisional

Officer,

Bhagalpur, GoB

Shrub land Surrounding land under Idgah Committee.

Committee members (Md. Soin Ansari and

Md. Ali Shabbir) expressed the need to

address water problems in the locality.



30

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

7 1/1-1 Corner of University

Campus (opposite to the

office of the Industrial

Department, Deputy

Development Officer)

Bhagalpur

University

(government

university)

Near Mango orchard Mainly institutional stakeholders in area.

Improved water supply system would

benefit staff of these institutions and

people living in the area. Discussion held

with Prof CM Das, Registrar, who agreed

in principle to allow use of the land

required for an overhead storage reservoir.

Bhagalpur managing committee has sent a

formal request to the Registrar for the use

of the land.

8 1/1-2 North side of Constable

Training School

Chairman, Bishop

House, Christ

Church

Compound,

Diocesan Centre,

Bhagalpur

Scrub land,

Vacant,

High spot

Brief discussion with two guards revealed

that the land in question is presently not

used.

9 1/1-3 Mahshay Deodi in

Champanagar

Municipal

corporation

Playground/ open

land; Durga temple in

one corner

Area suffers from acute water problems,

especially in summer.



31

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

10 1/1-4 Abir Mishra Lane in

Nath nagar

Municipal

corporation

Open land Discussions with residents of nearby area

(Md. Iqram Ansari, Md. Iqbal Khaleel).

Ground water is not potable/usable for

domestic purposes. Cloth dyeing workshop

(Rangi Karkhana) in area led to ground

water pollution.

11 2/2-1

(This OHT

is not

included in

BWSP1

under

Tranche 1,

but instead

will be

reviewed by

the

Contractor)

Government Teacher

Training College near

Ghantagarh Chowk (west

side of open land)

Government

Teacher Training

College,

Bhagalpur, GoB

Existing reservoir

Higher elevation;

hence suitable for

water tank.

Residents and users of site (Alka Yadav,

Amrita, Kallu Yadav) expressed the need

for improved water supply as well as space

to keep cattle. Hence, space below/ around

water tank must be available for cattle-

keeping.



32

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

12 2/2-2 Jaglal High School

premises at Company

Bagh

District Education

Officer,

Bhagalpur, GoB

Stack of building

waste materials

School authorities would be happy to

provide space for water tank near school

gate. New school building constructed

recently with toilet facilities. Water is a felt

need.

13 2/2-3 Inter-level Muslim High

School

(In the SAR it was at the

front of the School

Building; now it is

shifted to the back of the

main block as discussed

with the Principal on 10

Aug 2013)

Land belonging to

Muslim School

Trust, Bhagalpur.

Vacant Discussions held with Dr. Md. Zahirullah,

Principal and Dr. Farukh Ali, General

Secretary of School Managing Committee.

In principle, both agreed to allow usage of

part of school land for overhead storage

reservoir; subject to approval by the

Managing Committee. Municipal

Corporation, Bhagalpur has sent a formal

letter to the school authorities regarding the

issue.

(Proximity to trees needs to be

investigated)

14 5/5-1 Open land to the north of

the temple, Sarbajanik

Thakurbari, Warsaliganj


SAR)

Trust of Sri Sri

108 Radhakrishna

Sarbajanl]ik

Thakurbari

Samity,

Warsaliganj

(Discussion with

the President of

the Committee

reveals that they

had no objection

One hand tube well Discussion with Mr. Shekhar Kumar

Gupta, School Teacher, students and

residents of nearby areas. At present, no

water supply in school and surrounding

areas; residents face great difficulties

related to water availability in summer;

need improved water supply facilities.



33

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

to the proposal and

would hand over

the required letter

to BMC)

15 5/5-2 North of Bazar Samity

campus, Agriculture

Market Complex,

Baghbari

Sub Divisional

Officer – cum –

Special Officer,

Krishi Utpadan

Bazar Samity,

Bhagalpur under

the Administrator,

Bihar Raj Krishi

Bipanan Parishad

Shrub land



34

S. No. Proposed

zone /OHT

No.

Location and Site

description


land use


People

Pictorial view of

site/location

16 5/5-3 Open land to the west of

the tube well, Aliganj

Kataghat, Hussainabad

Bhagalpur

Municipal

Corporation

Tube well of

corporation

Residents expressed that ever since

tubewell of Corporation became defunct,

they face great difficulty in getting water

for domestic use.

17 5/5-4 Mughalpura Kawali

Maidan, Hussainabad

Government Land

(SDO, Bhagalpur)

Open ground Extreme hardships faced due to water

scarcity; residents are very keen on

overhead storage reservoir being built at

the location.

18 5/5-5 Near Maulana Chowk

Maidan, Maulana Chowk

In Ward 39 on vacant

land where there is a

BSNL tower adjacent to

Badrul Hussain land


SAR)

Bhagalpur

Municipal

Corporation

Open ground



35

Annex 3: Survey Number and Ownership Details of Selected Sites for Subproject Facilities6

S.

No.

Location OHT

zone/No.

Ownership Khata

No.

Khasra

No.

Area

(ha)

1 At Launch Ghat Road beside BCE Hostel, Barari 4/4-1 Bhagalpur College of Engineering, Education

Department, GoB

783 1118 0.155

2 Adjacent (west side) to Bhagalpur Central Jail, near Anandanagar

Colony (south west of Sunderban)

4/4-2 Jawaharlal Nehru Medical College, Medical

Department, GoB

97 174 0.196

3 In front of medical staff quarter, Surkikal 4/4-4 Jawaharlal Medical College, under Medical

Department, GoB

- - -

4 South side of municipality office building, Kachari Chowk 3/3-1 Bhagalpur Municipal Corporation 807 158 Kha) 0.065

5 North of Bazar Samity campus, Agriculture Market Complex,

Baghbari

5/5-2 Sub Divisional Officer – cum – Special Officer,

Krishi Utpadan Bazar Samity, Bhagalpur under the

Administrator, Bihar Raj Krishi Bipanan Parishad

1106 1909 3.5835

6 North side of Constable Training School 1/1-2 Chairman, Bishop House, Christ Church Compound,

Diocesan Centre, Bhagalpur

598 819 2.625

Lok Nirman Vibhag, Bhagalpur 598 853 0.0765

7 Abir Mishra Lane in Nath nagar 1/1-4 Municipal corporation 601 755 0.0155

8 Jaglal High School premises at Company Bagh 2/2-2 District Education Officer, Bhagalpur, GoB 907 35 0.353

9 Barahpura Eidgarh in the land of defunct tube well 3/3-3 Sub Divisional Officer, Bhagalpur, GoB 1866 1118 0.155

10 Within campus of Road Division, Bhagalpur (behind the

laboratory of the Rural Development Department), Adampur

3/3-2 Executive Engineer, Road Division, Government of

Bihar

1089 1045 0.049

11 Corner of University Campus (opposite to the office of the

Industrial Department, Deputy Development Officer)

1/1-1 Bhagalpur University (government university) 1463 3391 0.148

12 Mahshay Deodi in Champanagar 1/1-3 Municipal Corporation - - -

13 Government Teacher Training College near Ghantagarh Chowk

(west side of open land)

2/2-1 Government Teacher Training College, Bhagalpur,

GoB

479 325 0.0315

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

Railway line)

2/2-3 Muslim School Trust 595 68 0.062

15 Open land to the north of the temple, Sarbajanik Thakurbari,

Warsaliganj

5/5-1 Trust of Sri Sri 108 Radhakrishna Sarbajanl]ik

Thakurbari Samity, Warsaliganj

646 911 0.0865

16 Open land west of the tube well, Aliganj Kataghat, Hussainabad 5/5-3 Bhagalpur Municipal Corporation 1110 865 0.052

17 Mughalpura Kawali Maidan, Hussainabad 5/5-4 Government Land (SDO, Bhagalpur) - - -

18 Near Maulana Chowk Maidan, Maulana Chowk 5/5-5 Bhagalpur Municipal Corporation - - -

Source: Municipal Corporation, Bhagalpur

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

6 Includes OHTs at 2/1 and 3/3 to be taken up in Tranche 2.



36

Annex 4: Subproject Sites with Footprints of Proposed Facilities

OHT 1



37

OHT 2



38

OHT 3



39

OHT 4



40

OHT 5



41

OHT 6



42

OHT 7



43

OHT 8



44

OHT 9



45

OHT 10



46

OHT 11



47

OHT 12



48

OHT 13



49

OHT 14



50

OHT 15



51

OHT 16



52

OHT 17



53

OHT 18



54

Annex 5: Consultation and Participation Plan

C&P Activity Target Stakeholders Type of

Participation

Objectives of the C&P

Activity

Responsible

Unit/Persons

Time Frame Cost Estimate

Project orientation

Workshop for

government officials,

officers, and staff on the

Investment program (1

whole day)

50 government officials and

staff per project orientation

workshop consisting of

representatives from the

UDHD, BUIDCo, WDC,

DOEF, BSPCB, WRD, BRJP,

DOF, PDD, ULB officials and

staff, especially the Municipal

Corporations; and private

contractors

Information sharing

Consultation

Shared responsibility

Shared decision-

making

Introduce the project

Demonstrate the link between

improved water supply and

sewerage infrastructure and

good health, women’s

empowerment, and

environmental conservation

(Note: Seminar topics and

contents should be gender-

sensitive, socially inclusive,

and raise environmental

awareness).

Present Safeguards and

Social Frameworks and Plans

and disclosure requirements.

Discuss roles and

accountabilities of various

government units.

Discuss issues related to use

of government lands /

property for the project,

environmental risks.

Mitigate potential problems

e.g., citizens’ use of

government lands and

property that will be lost to

the project such as school

lands, public playgrounds,

environmental risks

especially to dolphins,

Gather and agree on

recommendations

ADB Project

Team, UDHD

Year 1:

Two project orientation

workshops (Patna,

Bhagalpur)

$1,000

4 POS for household 100 community members, Information sharing Introduce the project, PIU, ULB, in Years 1-2: Bhagalpur $ 1000/POS for



55


Participation


Activity

Responsible

Unit/Persons


heads on the investment

program (half day)

2 POS for women only

on the investment

program (half day)

preferably, household heads,

with at least 30 women

participating per project

orientation seminar

At least 50 women community

members per project

orientation seminar

Consultation

Shared decision-

making

highlighting its importance

and benefits to the

community





empowerment, and

environmental conservation.





awareness).

Present safeguards and social

frameworks and plans.

Gather concerns and views

related to water supply and

sewerage.

Gather recommendations.

cooperation with

the WDC and

NGOs.

household heads

X 4 POS =

$4,000

$ 500 / POS for

women only X 2

POS = $4,000

Total: $8,000

Four FGD, and eight

small group meetings on

resettlement and

compensation issues

(half day)

Affected Persons: Farmers,

titled and non-titled;

landowners, representatives of

affected schools (Bhagalpur

and Muzaffarpur); and

concerned NGOs per FGD

15 affected persons and NGO

representatives per small

group meeting

Information sharing

Consultation

Introduce the project.

Mitigate potential conflict.

Solicit the views of affected

persons on resettlement and

compensation.

Agree on resettlement

processes, location, and

compensation.

PMU, PIU, ULB,

in cooperation with

NGOs

Yrs 1-2:

Two FGDs, two small

group meetings

$ 500/FGD X 1 =

$500

$ 300/small group

meeting X 2 =

$600

Total: $1,100

One consultation

workshop with fishing

communities in

Bhagalpur (half day)

Representatives of fishing

communities in Bhagalpur

Information sharing

Consultation

Introduce the project,

highlighting its importance

and benefits.

Discuss conservation issues

and protection of common

PMU, PIU, in

cooperation with

NGOs

Year 1 Consultation

workshop = $500



56


Participation


Activity

Responsible

Unit/Persons


sources of livelihood.

Discuss possible roles as

community watchdogs.

Mitigate potential conflict

Explore alternative means of

livelihood.

One Consultation

workshop (half day)

with temporarily

affected persons

50 hawkers/vendors, and small

shopkeepers affected per city

Information sharing

Consultation






empowerment, and


Show possible livelihood/

business opportunities.





awareness).

Present social and

Resettlement Framework and

draft social and Resettlement

Plans.

Mitigate potential resistance

to the project.

Gather recommendations

Agree on remedial measures.

PMU, PIU in

cooperation with

NGOs

Year 1:

One consultation

workshop

$1,500

One Consultation

workshop with the

academe, NGOs, and

other civil society

organizations (1 whole

day)

50 representatives of the

academe, NGOs, and other

civil society organizations

from Patna and the four

project cities.

Information

sharing/knowledge

generation.

Consultation







empowerment, and


PMU, in

cooperation with

the WDC and

NGOs

Year 1:

One consultation

workshop

Consultation

Workshop =

$1,000

Travel of

participants from

out of town =

$500



57


Participation


Activity

Responsible

Unit/Persons


Show possible livelihood/

business opportunities.





awareness).

Gather knowledge on

conservation and mitigation

measures.

Mitigate potential resistance

to the project.

Discuss possible roles as

watchdogs of the project’s

implementation.

Gather other relevant

recommendation

Total: $1,500

Strategic and Action

Planning Workshop (1

whole day)

PMU/PIU Monitoring

Meetings (half day)

PSC Meetings (half day)

Town/City Committee

Meetings (half day)

PMU, members of the PSC,

members of the Town/City

Committee, PIU, and private

contractors / implementing

firms from Patna and 4 project

cities

Information sharing

Shared

responsibility.

Shared decision-

making

Control

Develop strategic and action

plans in accordance with the

project road map.

Review compliance with

social safeguards,

environment, and gender

frameworks and plans.

Discuss progress in

implementation, including

problems encountered and

means to mitigate/address

them.

Regularly report on the

progress of implementation.

PMU, PIU, ADB

Project Team

Planning Workshop:

Annually

PMU, PIU Monitoring

Meetings: Quarterly

PSC Meetings: Annually

Town/City Committee

Meetings: Quarterly

Planning

Workshop:

$1,000 X 5 years

= $5,000

PMU/PIU

Monitoring

Meetings: $300 X

4 = $1,200

PSC Meetings:

$300 X 4 years =

$1,200

Town/City

Committee

Meetings: $300 X

4 X 4 years =

$4,800



58


Participation


Activity

Responsible

Unit/Persons


Participatory

Monitoring Meetings

(half day)

(for community

watchdogs)

20 representatives (50%

women) from the community

and civil society

(representatives of CBOs,

NGOs, ward committees,

fishing communities,

poor/slum communities,

private sector) in each project

city

Information sharing.


Surface issues and concerns

during project

implementation.

Discuss and recommend

measures to mitigate/address

the problems.

Monitor progress of project

implementation

ULB, NGO, WDC Participatory Monitoring

Meetings:

Semi-annually

$300 X 2

meetings X 4

years = $2,400

TOTAL COST OF CONSULTATION AND PARTICIPATION $28,200

ADB = Asian Development Bank, BRJP = Bihar Raiya Jal Parshad, BSPCB = Bihar State Pollution Control Board, BUIDCo = Bihar Urban Infrastructure Development Corporation, C&P =

consultation and participation, CBO = community-based organizations, DOEF = Department of Environment and Forests, DOF = Department of Finance, FGD = focus group discussion,

NGO = nongovernmental organization, PDD = Planning and Development Department, PIU = Project Implementation Unit, PMU = Project Management Unit, POS = project orientation

seminar, PSC = Project Steering Committee, UDHD = Urban Development and Housing Department, ULB = urban local body, WDC = Women’s Development Corporation, WRD = Water

Resource Department.



59

Annex 6: Sample Grievance Redress Form

(To be available in Hindi, Urdu and Other Local Language, if any)

The _____________________________________Project welcomes complaints, suggestions, queries and

comments regarding project implementation. We encourage persons with grievance to provide their name

and contact information to enable us to get in touch with you for clarification and feedback.

Should you choose to include your personal details but want that information to remain confidential,

please inform us by writing/typing *(CONFIDENTIAL)* above your name. Thank you.

Date Place of registration

Contact Information/Personal Details

Name Gender * Male

* Female

Age

Home Address

Village / Town

District

Phone no.

E-mail

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

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

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

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

Mode of communication:

Note/Letter

E-mail

Verbal/Telephonic

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

Action Taken:

Whether Action Taken Disclosed:

Yes

No

Means of Disclosure:



60

Annex 7: Summary Policy Frameworks

The Land Acquisition Act, 1894 and The National Policy for Resettlement and Rehabilitation 2007

provide the overarching framework for land acquisition and resettlement. In Bihar, compensation is

determined based on principles of Bihar Land Acquisition and Resettlement Policy, 2007; for Bihar

Urban Development Investment Program, Asian Development Bank’s Policy Guidelines will also need to

be followed. Table A7 provides a comparison of national, state and Asian Development Bank policies and

indicates how the Resettlement Framework addresses gaps in present policy.



61

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

Sl.

No. ADB’s SPS (2009)

LAA BLARRP NRRP

Remarks

(Gaps between Government and ADB

policies and Action Taken in the

Resettlement Framework to Bridge

the Gap)

1 Involuntary resettlement

should be avoided

wherever possible;

early screening to

identify involuntary

resettlement impacts and

risks.

Not defined in LAA Not defined in BLARRP NRRP aims to promote ‘non-

displacing or least displacing

alternatives’ but does not clearly

specify the need for early screening.

LAA and BLARRP do not deal with the

minimization of involuntary

resettlement. The Resettlement

Framework requires early screening.

2 Minimize involuntary

resettlement by

exploring project and

design alternatives.

.

Not defined in LAA Not defined in BLARRP NRRP aims to minimize

displacement and requires

exploration of alternatives for the

same.

LAA and BLARRP do not provide for

minimizing resettlement and do not

deal with alternate design.

The Resettlement Framework clearly

defines the procedures to minimize

involuntary resettlement through proper

alternate engineering design and

adequate consultation with stakeholders.

3 Conducting census of

displaced persons and

resettlement planning.

Not considered in LAA Need for surveys of affected

persons or resettlement planning

is not provided for in BLARRP.

However, BLARRP provides for

0.5% of site value upto a

maximum of Rs2 lakhs towards

resettlement costs, if requested

by the landowner.

Defined in NRRP, however, NRRP

is applicable only if 500 or more

people in the plains / 200 or more

ST households are affected.

No project involving displacement

of families beyond the defined

threshold can be undertaken without

a detailed Social Impact Assessment

and resettlement planning.


census surveys of affected persons or

need for resettlement planning. Only

inventories of losses and lists of affected

persons are prepared under these. ADB

policy defines the need for a detailed

census through household surveys of

affected persons in order to assess

vulnerability and other entitlements.

This gap is addressed in the

Resettlement Framework through

incorporating the need for census survey

of affected persons and resettlement

planning in case of permanent or

temporary losses, regardless of scale.

4 Carry out meaningful

consultation with

affected persons, host

communities and NGOs

to ensure their

participation in

LAA notifies titleholders

prior to land acquisition,

but does not provide for

any consultation with

affected persons.

BLARRP does not clearly define

the need/process for

consultation, participation and

disclosure, however, its

provision for higher solatium if

landowner agrees to give land

NRRP provides for consultations

with the affected communities at

each stage, including public

hearings in the affected areas.

LAA and BLARRP do not specify the

need for ‘meaningful consultation’,

project disclosure (purpose of

acquisition, entitlements, compensation

etc.) and participation.

The Resettlement Framework for the



62

Sl.


LAA BLARRP NRRP

Remarks




the Gap)

planning,

implementation,

and monitoring of

resettlement program.

ADB policy also

provides for ‘social

preparation’ to ensure

meaningful consultation,

where required.

willingly, implies some

consultation with affected

persons.

project advocates a consultation process

which involves all stakeholders

(affected persons, government

department/line agencies, local

community, NGOs, etc.), and the

consultation will be a continuous

process at all stages of the project cycle

such as project formulation, feasibility

study, design stage, implementation and

post implementation phase including

monitoring phase.

5 Establish a GRM. Not defined in LAA Not defined in BLARRP The grievance redressal mechanism

under NRRP includes Standing

(R&R) committees at the district

level, R&R committees at the

project level, and an Ombudsman

duly empowered in this regard.

The Resettlement Framework has

special provisions for grievance redress

procedures which includes formation of

a GRC, complaints cells and requires

the implementing NGO to have a CLO

and disclosure of the scope of

proceedings of meetings and

consultations and their outcomes.

6 Improve or at least

restore the livelihoods

of all displaced persons.

Not defined in LAA BLARRP provides for

livelihoods compensation to

displaced agricultural labourers

working on the affected land for

>3 years through a one-time

payment of two hundred days’

minimum wages. However, it

does provide for livelihoods

restoration; it also does not

consider loss of livelihoods for

any other category of displaced

person (other than agricultural

labor).

NRRP provides for employment

opportunities in the project, training,

scholarships for education; wage

employment in the project to titled

as well as landless affected families.

While BLARRP recognizes livelihoods

losses of non-titled agricultural

labourers, there is no provision for

restoration for lost incomes and

livelihoods. Loss of livelihoods suffered

by other titled/non-titled affected

persons is not considered.

The Resettlement Framework for the

investment program provides for a

census survey which helps create a

database on income and livelihood

losses; and compensation as per the

entitlement matrix for both physically

and economically affected persons.

7 Land based resettlement

strategy.

Not defined in LAA BLARRP provides for land-for-

land compensation only when

homestead land is being

acquired subject to a maximum

of 5 decimals of land.

Not defined for urban infrastructure

projects such as the investment

program (NRRP provides for land

for land option in case of land

development projects,

irrigation/hydel projects and for

Government policy does not adequately

provide for the land for land option.

The entitlement matrix of the

Resettlement Framework provides for

land for land compensation where

feasible. Attempt will be made to find



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the Gap)

affected schedule tribe/caste

households).

alternate land to compensate for loss of

land if available, taking cognizance of

the concurrence of host community and

land value.

8 Compensation based on

principle of replacement

cost.

Not recognized by LAA BLARRP offers 95% of

guidance value as solatium,

while LAA gives only 30% as

solatium. BLARRP offers 85%

higher cash compensation than

the rate provided for by LAA, if

the affected person willingly

gives the land; however, it does

not provide for compensation at

replacement cost.

NRRP specifies that compensation

award shall take. into account the

market value of

the property being acquired,

including the location-wise

minimum price per unit area fixed

(or to be fixed) by the state

government. It also requires

conversion to the intended category

of use of the land being acquired

(for example, from agricultural to

non-agricultural) to be taken into

account in advance of the

acquisition, and the compensation

award to be determined as per the

intended land use category. (NRRP

explicitly provides for replacement

cost of land only for irrigation/hydel

projects, if suitable land for land

compensation cannot be given.)

Government policy does not provide for

compensation at replacement cost.

Where there are differences in the

valuation of land and prices of affected

assets, ADB prescribes the use of

current market rates in the project area.

The Resettlement Framework addresses

all these issues and spells out a

mechanism to fix the replacement cost

by a Valuation Committee that will be

responsible for deciding the replacement

costs.

9 Provide relocation

assistance to displaced

persons.

Not recognized by LAA BLARRP provides for

transitional assistance in the

form of one-time assistance for

temporary accommodation

(Rs10,000) and one-time

transportation assistance

(Rs5,000) to affected persons

losing homestead land.

BLARRP also provides for 0.5%

of site value up to a maximum of

Rs2 lakhs towards

resettlement/relocation costs, if

requested by the landowner.

NRRP provides for financial

support, transportation costs,

temporary and transitional

accommodation to displaced

persons.

The entitlement matrix in the

investment program’s Resettlement

Framework defines the eligibility and

entitlement for relocation of the affected

persons through relocation assistance

which includes shifting allowances,

right to salvage materials and additional

transitional assistance for the loss of

business and employment.



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the Gap)

10 Ensure that displaced

persons without titles to

land or any recognizable

legal rights to land are

eligible for resettlement

assistance and

compensation for loss of

non-land assets.

Not defined by LAA. Not defined by BLARRP NRRP recognizes non-titleholders

as eligible affected persons only if

they have been residing or engaged

in any trade, business, occupation or

vocation at the location continuously

for a period of not less than three

years.

This is a drawback of national

law/policy compared to that of ADB.

The process for verification of impacts

and establishing the eligibility of

different categories of affected persons

(including non-titled affected persons) is

outlined in the Resettlement

Framework. The Entitlement Matrix

provides for compensation to all

affected persons whether physically or

economically displaced irrespective of

their legal status. The date of the census

survey will be considered as the cut-off

date and affected persons listed on the

cut-off-date will be eligible for

assistance.

11 Safeguarding needs of

vulnerable groups.

Not defined in LAA Landless agricultural laborer

working for >3 years on an

affected property is the only

category of vulnerability

recognized and provided for

under BLARRP.

NPRR recognizes the need for

protecting the weaker sections of the

society especially members of the

scheduled castes and scheduled

tribes. NPRR gives special provision

for providing life-time monthly

pension to the vulnerable persons. It

also gives preference to schedule

tribes and scheduled castes in land-

for-land compensation.

12 Disclose the

Resettlement Plan,

including

documentation of the

consultation in an

accessible place and a

form and language(s)

understandable to

affected persons and

other stakeholders.

Not defined in LAA Not defined in BLARRP NPRR provides for mandatory

dissemination of information on

displacement, rehabilitation and

resettlement and meaningful

consultations with the affected

communities at each stage,

including public hearings in the

affected areas.


disclosure.

The investment program’s Resettlement

Framework ensures that the

Resettlement Plan along with the

necessary eligibility and entitlement will

be disclosed to the affected persons in

the local language (Hindi/Urdu) in the

relevant project locations and concerned

government offices and the same

Resettlement Plan will also be disclosed

in the websites of the EA and ADB.

13 Conceive and execute No provision for Full involuntary resettlement Addressed in NRRP, however, Though BLARRP and NRRP consider



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the Gap)

involuntary resettlement

as part of a development

project or program.

Include the full costs of

resettlement in the

presentation of project’s

costs and benefits.

resettlement planning as

part of a development

program or for

involuntary resettlement

costs to be considered.

costs not considered. consideration of “full cost of

resettlement” not specified.

transitional and transport costs etc., they

do not provide for full resettlement costs

to be met.

The Resettlement Framework provides

eligibility to both titleholders and non-

titleholders with compensation and

various kinds of assistance as part of the

resettlement package; the full cost thus

becomes part of the project cost.

14 Pay compensation and

provide other

resettlement

entitlements before

physical or economic

displacement.

Not defined under LAA. Not defined under BLARRP. NRRP specifies that full payment of

compensation as

well as adequate progress in

resettlement shall be ensured in

advance of the actual displacement

of the affected families.

The Resettlement Framework stipulates

that all land acquisition should be

completed before relocation and all land

required is to be handed over free of

encumbrances to the Contractor.

15 Monitor and assess

resettlement outcomes,

their impacts on the

standards of living of

displaced persons.

Not defined under LAA. Not defined under BLARRP. NPRR stipulates the formation of a

National Rehabilitation Commission

to be set up by the Central

Government, to exercise

independent oversight over the

rehabilitation and resettlement of the

affected families.

NPRR has also made provisions for

a National Monitoring Committee, a

National Monitoring Cell and

Oversight Committees in the

ministries/departments concerned

for each major project to monitor

project implementation.

NRRP provides only for monitoring

while the project is being

implemented and not for assessment

of resettlement outcomes.

The Resettlement Framework has

detailed provision for a monitoring

system. The EAthrough the PMU will

be responsible for proper monitoring of

Resettlement Plan implementation and

internal monitoring. Verification by an

external expert is provided for in case of

Category A projects.

The Resettlement Framework details the

process of continuous monitoring and

reporting of Resettlement Plan

activities.

ADB = Asian Development Bank, BLARRP = Bihar Land Acquisition and Resettlement Policy, CLO = Community Liaison Officer, GRM = Grievance Redress Mechanism, LAA =

Land Acquisition Act, NRRP = National Rehabilitation and Resettlement Policy, SPS = Safeguards Policy Statement.

ind: bihar urban development investment program ... of the subproject in bhagalpur shows that...

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