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Resettlement Planning Document

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

Resettlement Plan for Dumka–Barhet Section Document Stage: Draft Project Number: 40005 May 2009

India: Jharkhand State Roads Project

Prepared by Road Construction Department, Government of Jharkhand.

ADB State Road Project in Jharkhand

Full Resettlement Plan for Package – III: Dumka- Barhet Section - 2 -

Resettlement plan

TABLE OF CONTENTS

List of Abbreviations 5

Executive Summary 6

Chapter 1 : The Project Background 6

1.1. Project Description 6

1.2. Project Benefits and impacts 11

1.3. Measures to minimize impacts 12

1.4. Objectives of the Resettlement Plan 13

Chapter 2 : Project State and Subproject District 14

2.1. Project State 14

2.2. Subproject Districts 15

Chapter 3 : Findings of the Resettlement Census Survey 17

3.1. Objectives of the Resettlement Census Survey 17

3.2. Methodology 17

3.3. Findings of the Resettlement Census survey 17

3.4. Gender impacts of the subproject 22

3.5. Scope of the Land & Assets Acquisition 25

3.6. Impact on Agricultural land 26

3.7. Impact on Residential Assets 28

3.8. Impact on Commercial Assets 30

3.9. Impact on Residential cum Commercial Assets 33

3.10. Other Losses 35

3.11. Loss of Trees 36

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

37

3.13. Impact of the Project on Government property & other institutions 37



Chapter 4 : Impact on Indigenous Peoples in the Project Area 40

4.1. Schedules Tribes (ST) in Jharkhand 40

4.2. Key impacts of the Project on ST Households 40

4.3. Involuntary Resettlement Impacts on Scheduled Tribes 44

4.4. Mitigation measures for ST Households 47

Chapter 5 : Resettlement Policy Framework & Entitlement Matrix 49

5.1. Introduction 49

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

49

5.3. ADB Policy on Involuntary Resettlement 50

5.4. Similarities & Differences between NPRR & ADB Policy 51

5.5. Resettlement Policy & Principles for the subproject 54

5.6. Entitlement Matrix 55

5.7. Cut-off Date 60

5.8. Valuation of affected assets 60

5.9. Disposal of Acquired Property 62

Chapter 6: Consultations & Stakeholder Participation 62


6.2. Methods of community consultation 62

6.3. Consultation – Scope & Issues 63

6.4. Feedback from Consultations 63

6.5. Disclosure of the Resettlement Plan 67

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

68

Chapter 7: Institutional Framework 69


7.2. Executing Agency 69

7.3. Roles & Responsibilities 69



7.4. RP Implementation Schedule 73

Chapter 8: Cost Estimates & Budget 77

Chapter 9 : Monitoring & Evaluation 82

9.1 Need for monitoring 82

9.2 Monitoring at EA level 82

9.3 Stages of Monitoring 83

9.4. Reporting Requirements 85

LIST OF ANNEXES

Annexure I : Resettlement Survey Questionnaires

Annexure II: List of Project Affected Persons and Assets

Annexure III: Terms of reference for the NGO/ R&R Implementation agency

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



LIST OF ABBREVIATIONS

ADB Asian Development Bank

BSR Building Schedule Rates

BPL Below Poverty Line

EA Executing Agency

FGD Focus Group Discussions

GOI Government of India

GRC Grievance Redressal Cell

HH Household

IPSA Initial Poverty & Social Assessment

IP Indigenous Peoples

JH Jharkhand

Kms Kilometers

LA Land Acquisition

NGO Non-Government Organizations

NPRR National Policy on Resettlement & Rehabilitation

PPTA Project Preparatory Technical Assistance

PRA Participatory Rural Appraisal

RP Resettlement Plan

RO Resettlement Officer

R&R Resettlement & Rehabilitation

SC Schedule Caste

Sq.mts Square Meters

ST Schedule Tribe

TORs Terms of Reference



EXECUTIVE SUMMARY

1. The Project

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

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

2. Project Benefits and Impacts

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

The Package III from Dumka to Barhet is the longest package of the total project corridor, the corridor takes off from Dumka Bypass (near Santhal Paragna College) passes through Kathikund – Gopikandar - Amrapara – Litipara – and reaches Barhet. The sub project corridor in this package passes through sensitive areas such as tribal village like Kadma, Sonajori etc, where availability of ROW is narrow.

As part of the Project, the existing road in Package III would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters1. Taking into account the widening involved, despite the anticipated social economic benefits, the Project will necessitate land acquisition hence entailing involuntary resettlement. In order to assess the Project level resettlement impacts, a detailed census survey was undertaken packagewise from January 2008 onwards. During the survey, it is estimated that a total of 1588 households will be affected in Package III - Dumka- Barhet subproject. The impacts

1 In case of Jamtara & Dumka bypass, in some places a total widening of 45 meters will be undertaken taking into account technical specifications. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.



of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of 120.12 acres of land and 2457 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets, trees etc) will be affected as a result of the subproject improvements.

The data gathered from the census survey reveals that amongst the affected 1588 households, the majority 60% will incur loss of agricultural land, followed by 25% households incurring loss of residential structures. In addition, 7% will incur impact on Commercial assets and 6% on residential cum commercial assets. Table A presents a summary profile of the affected project population in the subproject as a whole.

Table A: Summary Profile of Affected Population in Package III – Dumka to Barhet

Description Units

Total Project Affected Households 1588 households

Total Project Affected Persons 10,025 persons

Total land getting affected 120.12 acres

Average Family Size of affected households 6.3 persons

Total No. of Affected Households with vulnerabilities 1262 households

Total No. of Affected Employees 58 Employees

Total No. of Affected Tenants 44 Tenants

Main Occupation of Affected households

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

Source: Resettlement Census Survey, 2008

C. Measures to Minimize Impact

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



D. Objective of the Resettlement Plan

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

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

E. Stakeholder Participation and Disclosure of RP

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

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

F. Implementation Arrangements & Grievance Redressal

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

PIC would also ensure monitoring any changes to the subproject design. In case of change in subproject design thereby entailing change in resettlement impacts, a re-evaluation and updation of the RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and ERA website2after ADB review and approval. PIC would also ensure that resettlement budgets are delivered on time for RP implementation. A field based District level Implementation Cell, headed by an

2 The ERA website is presently under construction.



Executive Engineer and assisted by a dedicated R&R Officer (RO) to implement the RP, will be responsible for the day-to-day implementation of the RP. This DIC will be assisted by local NGOs/R&R Implementation agency.

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

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

All compensation and other assistances3 will be paid to all APs prior to commencement of civil works. A detailed implementation schedule for the various activities is provided in Figure 7.2 in the main text.

G. Budget

The total estimated cost for resettlement operation and management for the Project is Rs. 188,929,276 (USD 4,498,316).

H. Training, Monitoring & Evaluation

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

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

External (or independent) monitoring will be hired by ADB to provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required.

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



CHAPTER I:

THE PROJECT

1.1. Project Description

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

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

Table 1.1: Detail of the sample subproject

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

Package I Govindpur – Jamtara

(Jamtara Bypass)

Dhanbad, Jamtara 69.7 Km

11.0 km

Package II: Jamtara – Dumka

(Dumka Bypass)

Jamtara, Dumka, Deoghar

75.5 Km

6.5 km

Package III: Dumka – Barhet

Sahebganj, Dumka, Pakur

98.1 Km

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

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



1.2. Project Benefits and Impacts

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

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

Dumka to Barhet is the longest package of the total project corridor, the corridor takes off from Dumka Bypass (near Santhal Paragna College) passes through Kathikund – Gopikandar - Amrapara – Litipara – and reaches Barhet. The sub project corridor in this package passes through sensitive areas such as tribal village like Kadma, Sonajori etc, where availability of ROW is narrow.

As part of the Project, the existing road would be improved and widened to standard two lane entailing a total widening of 30 to 45 meters4. Though the Project will involve improvements to a two lane standard, the land acquisition undertaken by the government is as per the four-lane expansion criterion taking into account future expansion needs. While definite limits of ROW at site was not available, during surveys rough calculations were made based on record review and interaction with community and revenue officials and on the basis of these calculations, package wise width of the ROW was found to be upto 15 meters.

In order to assess the Project level resettlement impacts, a detailed census survey was undertaken packagewise from January 2008 onwards. During the survey, it is estimated that a total of 1588 households will be affected in Package III - Dumka- Barhet subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of 120.12 acres of land and 2457 assets (comprising of agricultural plots, residential, commercial and residential cum commercial assets, trees etc) will be affected as a result of the subproject improvements.

The data gathered from the census survey reveals that amongst the affected 1588 households, the majority 60% will incur loss of agricultural land, followed by 25%

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



households incurring loss of residential structures. In addition, 7% will incur impact on Commercial assets and 6% on residential cum commercial assets.

Of the total 1588 affected households covered during the survey, only 26 households comprised of those incurring more than one type of loss, followed by 4 households incurring other losses such as store, cattle shed etc. Table 1.2 presents a summary profile of the affected project population in the subproject as a whole.

Table 1.2: Summary Profile of Affected Population in Package III – Dumka to Barhet

Description Units

Total Project Affected Households 1588 households

Total Project Affected Persons 10,025 persons

Total land getting affected 120.12 acres

Average Family Size of affected households 6.3 persons

Out of the total affected households, number of households getting displaced 316 households5

Out of the total affected households, no. of Households with vulnerabilities 1270 households

Total No. of Affected Employees 58 Employees

Total No. of Affected Tenants 44 Tenants

Main Occupation of Affected households

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


1.3 Measures to minimize impact

All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent, adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. The key technical efforts undertaken to minimize impact are enumerated below:

5 Of these 316 households, 144 households will incur severe affect on their residential asset making them non-livable. However, 93% (116 asset owners) voiced the need for self managed relocation since they have sufficient land available at the existing dwelling locations along the road on which they can rehabilitate their assets. Similarly in case of the 106 households incurring severe impact on Commercial structure and 66 households on Resi cum Commercial assets, the majority will not be physically displaced and will have sufficient land at the back of the existing structure so as to restore and shift their assets.



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

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

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

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

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

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

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

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



CHAPTER II:

THE PROJECT STATE & SUBPROJECT DISTRICTS

This chapter presents an overview of the Project state highlighting the central issues for development such as demographic trends, state of the economy, poverty, literacy, and trends in urbanization. Socio-demographic as well as economic realities of the subproject districts falling in Package III namely Dumka, Pakur and Sahibganj has also been detailed below.

2.1. The Project State

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

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

Source: Census of India, 2001

2.1.1. Socio – Demographic Profile6

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

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

Decadal Growth Rate Sex Ratio Density

District Population 2001

1991 2001 1991 2001 1991 2001

Dumka 1,754,571 23.05 17.31 955 961 241 282

Pakur 701,616 21.57 24.34 954 958 312 388

Sahibganj 927,584 19.69 25.89 924 943 461 580

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



of India. The population ratio between the State and India is 2.13 percent. Male to female ratio in the state is 941 females per 1000 males while in 1991 it was 922 females per 1000 males. The total area of the new state is 79.714 Sq.km which is 2.52 percent to that of India. The density of Population in Jharkhand is 274 persons per Sq. km with a rate of increase in population during 1991-2001 of 23.19%, slightly higher than the India’s growth rate of 21.34%. Out of the total population, ST comprises 26.3% of the total (7,087,068) and SC comprises 12% (3,189,320). The state has a total of thirty (30) Scheduled Tribes. The Scheduled Tribes are primarily rural as 91.7per cent of them reside in villages. Santhal, Oraon, Munda, Ho, Kharia, Bhumij, Lohra and Kharwar are the major tribes found in the State of Jharkhand. The main languages spoken in Jharkhand are Santhali, Mundari, Kurukh , Khortha Nagpuria, Sadri, Kharia, Panchparagnia, Ho, Malto, Karmali, Hindi, Urdu, and Bangla. In some pockets Oriya, and Bhojpuri are also spoken. Literacy: The recent literacy rate in the state is 54.13%, up from 41.39% in 1991 and it is second from the bottom among 28 States and 7 Union Territories. The female literacy rate improved from 25.52 per cent in 1991 to 39.38 percent in 2001.

2.2 Subproject Districts7

The following section presents a brief profile of the project districts

2.2.1. Dumka District

The Dumka District is situated in the state of Jharkhand and is located at 86 16" North latitude and 87 15" East longitude. It is situated at the height of 472 ft from the sea level. The District covers an area of 3716.02 Sq.km with the population of 1106521. Out of this males constitute 51% and females constitute 49% of the total population. The male female ratio in the area is 962 females per 1000 males. The district is administratively divided into 2943 villages, 10 blocks and 20 Panchayats.

Dumka has an average literacy rate of 38.08%, lower than the national average of 59.5% with male and female literacy of 49.98% and 25.71%. 12% of the population is under 6 years of age.

2.2.2. Pakur District

Pakur district is situated in the north east corner of Jharkhand State. It is located at 23o 40' to 25o18' latitude and 86o 25' to 87o 57' E. longitude. The district covers an area of 696.21 Sq. km. With the total population of 7,00,032. Out of this males constitute 51% and females constitute 49% of the total population. The male female ratio is 958 females per 1000 males. The percentage of population living in rural and urban is 95% and 5% respectively.

The literacy rate in the district is very poor, the percentage being 24.25% with male and female literacy of 31.98% and 16.18%.

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



The total cropped area of the district is 79270 ha followed by fallow land of 19580 hect. and land which is not available for cultivation amounting to an area of 32327 ha. Kharif and Rabi are the main agricultural seasons with paddy as main crop.

2.2.3. Sahibganj District

The district of Sahibganj lies approximately between 24042’ north and 25021’ north latitude and between 87025’ and 87054’ east longitude. The District covers an area of 1599 sq km. with the total population of 9,27,770. Out of this males constitute 51% and females constitute 49% of the total population. The male female ratio is 942 females per 1000 males. The percentage of population living in rural and urban is 89% and 11% respectively. The district is administratively divided into 1819 villages, 9 blocks and 166 Panchayats.

Sahibganj has an average literacy rate of 37.61% with male and female literacy rate being 47.93% and 26.56%. 21% of the population is below 6 years of age.

The Sahibganj district has cultivable area of 1, 03,049 ha and non cultivable area of 8,585.44 ha. Kharif and Rabi are the main agricultural seasons with paddy as main crop.



CHAPTER III:

FINDINGS OF THE RESETTLEMENT CENSUS SURVEY

The effective preparation and implementation of a Resettlement Plan largely depends to a large extent on appropriate and accurate socio-economic and resettlement census surveys of the affected households. The following chapter presents and discusses the findings of the resettlement census survey undertaken on the Package III – Dumka - Barhet in January-February 2008.

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

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

The census survey identified a total of 1588 affected households comprising of 10,025 persons will be affected by the subproject.

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

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

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

3.3 Findings of the Resettlement Census survey The following section will analyze the key data findings of the census survey.

The census survey estimated that a total of 1588 households will be affected in the entire subproject in 74 villages. Table 3.2 below illustrates the subproject district wise list of affected households and affected persons identified during the course of the survey. However, the census survey could not be undertaken in two affected villages



of Gopaladih and Amrapara in this package since the community in these two villages has reservations on the proposed alignment and hence proposing changes in the same. Once this issue is resolved, the census survey shall be undertaken in these two as per the finalised alignment. This RP shall be updated accordingly to include the affected persons identified in these two villages.

Table 3.2 : District wise distribution of Affected households and persons covered during the Census

Number of

Subproject district Affected households (HHs) Affected Persons (APs)

Dumka 720 4585

Pakur 549 3164

Sahebganj 319 2276

Total 1588 households 10,025 persons


As illustrated in the data above of the 100 kms of the road section falling in Package III, the maximum road section traverses through Dumka hence constituting 45% of the total affected households, followed by Pakur with 35% of the total affected households and the remaining 20% of those affected fall in Sahebganj portion.

The data gathered from the census survey reveals that amongst the affected 1588 households, the majority 60% will incur loss of agricultural land, followed by 25.6% households incurring loss of residential structures. In addition, 7% will incur impact on Commercial assets and 6% on residential cum commercial assets.

Of the total 1588 affected households covered during the survey, only 26 households comprised of those incurring more than one type of loss, followed by households incurring other losses. The detailed list of affected persons and assets is enclosed as Annexure 2.

The following section will analyze the key data findings of the census survey.

3.3.1 Social Profile of the Affected Households

Socially Vulnerable Groups

Certain groups of population by virtue of their socio-economic realities are considered socially vulnerable and thus in need of special consideration so that they can benefit from the road development project. These groups include:

(a) Those who are below the poverty line (BPL);

(b) Those who belong to tribal groups or scheduled tribes (ST)



(c) Those who belong to scheduled castes (SC)8;

(d) Female-headed households (FHH);

(e) Elderly and

(f) Disabled persons

Of the above groups, all the vulnerable groups were identified in the subproject area during the course of the census survey amongst the 1588 households. The majority 1270 affected households were identified amongst the total affected households as those comprising of the vulnerable groups. According to Table 3.3, 65% of the total affected households comprised of STs with a total of 1036 households. It is worthwhile to note that while 671 HHs (as per the Table below) are listed under STs, a total of 365 HHs listed under multiple vulnerability (out of the total 411 HHs) also comprise of STs hence bringing the number of ST HHs to 1036 HHs. Taking into account the impact of the project on ST households in package III, detailed study were undertaken both at the time of initial poverty and social assessment (IPSA) and census survey stage so as to ascertain the impacts of the project on the ST households and its impact on their socio-economic status and cultural identity. Despite the significant proportion of STs in the region and amongst the affected households, the analysis of impacts and losses did not bring forth any “significant” risk and impact on the socio-economic and cultural lives and patterns of the ST households. Based on the detailed analysis (detailed in Chapter 4), the need for a separate Indigenous People’s Development Plan (IPDP) was not felt under the Project. Specific measures have been integrated into the entitlement framework of this plan so as to ensure mitigation of all adverse impacts on the ST households. For a detailed analysis of the socio-economic status of the ST HHs in the area and the affected ST HHs, please refer to Chapter 4.

Out of the 1270 vulnerable households, 12% (153 HHs) live below the poverty line. The remaining 35 vulnerable affected households constitute of disabled, elderly, FHH and SC households.

Table 3.3: Districtwise Vulnerability Status of affected households

Name of the District

Dumka Pakur Sahibganj Type of Vulnerability

In No.s In %age

In No.s In %age

In No.s In %age Grand Total

Below Poverty Line (BPL) 101 66.01 17

11.11 35

22.87 153

Disabled 5 62.5 - -

3

37.5 8

Elderly 6 50 5

41.66 1

8.33 12 Female Headed

Households (FHH) 4 100 - - -

- 49

8 ‘Scheduled Caste’ (SC) is defined as the lowest caste in the Hindu caste system. 9 A total of 32 Female headed households will be affected as a result of the Project. Apart from the four mentioned in Table 3.3 the remaining fall in the multiple vulnerability category.



Multiple Vulnerability10 224 54.50 165

40.14 22

5.35 411

Not Applicable (N.A) 132 41.50 30

9.43 156

49.05 318

Scheduled Caste (SC) 10 90.90 - - 1

9.09 11

Scheduled Tribes (STs) 238 35.46 332

49.47 101

15.05 671

Grand Total 588 HHs 519 HHs 163 HHs

1270 HHs


Taking into account the socio-economic vulnerabilities of the affected households, specific provisions have been incorporated in the RP to ensure that they are not marginalised in the process of development.

3.3.2 Household Size 58% of the affected households comprised of those with nuclear families, having 5-6 family members. Nearly one-fourth of those affected lived in joint family set up with 10 -15 family members followed by 24% comprising of those living in large extended family set up with 15 and more members.

3.3.3 Primary Source of Income While the census survey data brought forth that 950 households will incur impact on agricultural land, analysis of income source data reveals that only in case of 14% of the total affected households, agriculture comprises the primary source of income. In case of 69% (1093 HHs) households, the source of income is diversified with households dependent upon multiple sources to meet their livelihood needs. Amongst this, agriculture, wage labour and small businesses comprise some of the key sources. As enumerated in Table 3.4 below, a total of 122 of the total affected households i.e. 8% households the primary income was being derived from labour activities. However, due to the poor state of agriculture in the region, nearly 90% of these households are engaged in non-agricultural labour with only 13 households deriving their income from purely agriculture labour. The subproject/road package of Dumka – Barhet largely runs through villages with some town portions falling enroute. Due to the poor condition of the road at present, the area enroute is not commercially developed with the majority of the shops and businesses concentrated in major town areas only. Due to the limited business opportunities in the area, it is not surprising to see that only 6% (i.e. 99 HHs) of the total affected households are deriving their livelihood purely from trade and business activities. Of the remaining 54 households, the households are mainly engaged in profession (teachers, doctors etc), government service, Household industry, and allied agriculture. Despite the high presence of tribals in the area and amongst the affected households, forestry does not figure significantly in the livelihood sources.

10 “Multiple Vulnerability” comprises of households vulnerable on two accounts. For instance, a ST household which is also a Female headed household.



Table 3.4: Main sources of income of the Affected Households


Dumka Pakur Sahibganj

Sources of Income In No.s In %age

In No.s In %age

In No.s In %age

Grand Total

More Than One 468 42.81 393 35.95 232

21.22 1093

Agriculture 74 33.63 125

56.81 21 9.54 220

Non Agricultural Labour 56 51.37 12

11 41

37.61 109

Agricultural Labour 9 69.23 1

7.69 3

23.07 13

Trade/Business 75 75.75 14

14.14 10

10.10 99

Profession 12 75 2

12.5 2

12.5 16

Other 7 46.66 1

6.66 7

46.66 15

Govt. Service 10 83.33 1

8.33 1

8.33 12

Hh Industry 3 60 - -

2

40 5 Forestry 3 100 - - - - 3

Allied Agriculture 2 100 - - - - 2 Dairy 1 100 - - - - 1

Grand Total

720 HHs 549 HHs

319 HHs

1588 HHs


3.3.4 Annual Income Patterns of the Affected Households Table 3.5 bring out that nearly 59 percent (934 households) of the total households have annual income below Rs. 25,000 thereby comprising of BPL and low income households. In addition, nearly 24 percent of the affected households in the project area also belong to the lower middle income group with an annual income between Rs. 25,001 to Rs. 45,000. 7 percent of the households fell in the income category Rs. 45,001 – 65,000. There was a progressive decline of number of households with increase in income levels.

Table 3.5: Districtwise Annual Income Patterns of the affected households


Dumka Pakur Sahibganj Annual Income

(In Rs.)

In No.s In %age

In No.s In %age

In No.s In %age

Grand Total

Less Than 25000 382 40.89 370

39.61 182

19.48 934

25001 - 45000 178 47.08 113

29.89 87

23.01 378

45001 - 65000 59 50 31

26.27 28

23.72 118



65001 - 85000 42 65.62 12

18.75 10

15.62 64

85001 - 100000 13 50 7

26.92 6

23.07 26

More Than 100000 46 67.64 16

23.52 6

8.82 68

Grand Total

720 HHs 549 HHs 319 HHs 1588 HHs


3.3.5 Primary Income earner Out of the total 1588 affected households, in 82% of the households (Table 3.6) men are involved in the income earning and comprise of the primary income earner of the households. In only 13% of the affected households both male and female members are involved as contributors to the total income, whereas a very small proportion i.e. 4.5% of the affected households had females as the main income earner outside the ambit of the household. In other words the Resettlement Census data, clearly reflects that despite the presence of ST population in which women play a key role in HH economy, the majority proportion of men are involved in economic activity, thereby reflecting women’s status in the region with the majority of them being socially as well as financially dependent upon the men folk.

Table 3.6: Districtwise Main income earners in the affected HHs


Dumka Pakur Sahibganj PRIMARY INCOME EARNER

In No.s In %age

In No.s In %age

In No.s In %age Grand Total

Both 78 37.32 94

44.97 37

17.70 209

Female 37 51.38 20

27.77 15 20.83 72

Male 605 46.8 435

33.28 267

20.42 1307

Grand Total 720 HHs 549 HHs 319 HHs

1588 HHs


3.4 Gender Impacts of the subproject 3.4.1 Gender Analysis Like many other countries in the developing world, Indian women too fare worse than men on most of the social indicators. Gender Development Index (GDI) which adjusts the average achievement of each country in life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, is a powerful tool for tracking the trends in women’s development. India with GDI value of 0.591 ranks 96th in the World (UNDP Human Development Indicators 2004) - this exhibits the lower value placed on women in India.



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

Literacy rate is another parameter to assess the status of women in the society. Table 3.7 below presents the literacy rate among the male and female population at the national, state and project districts level. In the three districts, the literacy rate is much lower than the national average with some districts having literacy rate as low as 16% as noted in case of Pakur. Among all the districts the female literacy rate is less than the male literacy rate.

Table 3.7: Literacy rate of the Project districts

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

Male Female

1. India 65.38 75.96 54.28

2. Jharkhand 54.13 67.64 38.39

3. Dumka 38.08 49.98 25.71

4. Pakur 24.25 31.98 16.18

5. Sahebganj 37.16 47.93 26.56


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

The Maternal Mortality Rate (MMR) in the state of Jharkhand is 504 maternal deaths per 100,000 live births against the national MMR of 540. The majority of the child births in the Project area and villages, as shared by the Anganwadi and local community, take place at home by the traditional Dais (midwives). In some tribal villages, women shared usage of axe for cutting of the umbilical cord of the newly born baby by the local dais raising serious concerns on aspects of health, and hygiene issues. On discussion with women groups, it was found that the major health problems faced by the women in the project area comprise of malaria, anaemia, maternal anaemia, jaundice and sexually transmitted diseases (STI). For the treatment of these diseases, in majority of the cases women either access the Public Health Centres in the villages or to the local doctors (quacks) and ANM’s. Only in case of the serious health problem, they go to the Hospitals situated in the nearest districts. One of the barriers to accessing health facilities was pointed out as poor



road condition by women. They shared that since the road condition is so poor that they largely take recourse to the medicine given by the local quacks for their ailments. Accessing health facilities become near impossible for many during night time and during rainy season particularly during child birth risking the life of both mother and child in case of emergencies.

Gender analysis was also undertaken during the course of the social assessments to look into the current status and needs of the women in the study area and the potential impact of the Project on them by means of undertaking PRA techniques such as decision-making, mobility mapping etc. In addition, series of FGD’s were held with women belonging to various socio-economic groups in the subproject /package area to capture women’s collective perceptions about social, economic and cultural norms and their ability to access facilities. Women’s were also consulted to take their views and perceptions on the Project impacts.

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

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

The Project is anticipated to have direct adverse impacts on a total of 32 FHHs. Table 3.8 below enumerates the impacts on Female headed households (FHH). As enumerated in the table, the majority of the FHH will incur impact on agricultural land. In majority of the cases the FHH will lose less than 5% of their total land holding hence having limited impact on their income.



Table 3.8: Districtwise impact on Female headed households


Dumka Pakur Sahibganj Type of Loss

In No.s In %age

In No.s In %age

In No.s In %age

Grand Total

Agriculture Land 14 58.33 10 41.66 - - 24

Commercial Asset 3 100 - - -

- 3

Residential Asset & Other Losses11 2 100 -

- -

- 2

Residential Asset 1 33.33 - - 2

66.66 3

Grand Total 20 HHs 10 HHs 2 HHs 32 HHs Source: Resettlement Census Survey, 2008

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

3.5 Scope of Land & Asset Acquisition 3.5.1. Types of Project Impacts The data gathered from the census survey reveals that amongst the affected 1588 households, the majority 60% will incur loss of agricultural land, followed by 25% households incurring loss of residential structures. In addition, 7% will incur impact on Commercial assets and 6% on residential cum commercial assets.

Of the total 1588 affected households covered during the survey, only 26 households comprised of those incurring more than one type of loss, followed by 4 households incurring other losses such as store, cattle shed etc. Table 3.9 below illustrates the different types of losses being incurred by the 1588 affected households.

Table 3.9:Types of Losses of the Affected households (HHs) covered during the Census Survey


Dumka Pakur Sahibganj TYPE OF LOSSES

In No. In %age

In No. In %age

In No. In %age

Grand Total

Agriculture Land 394 40.95 433

45.01 135

14.03 962

Residential Asset 170 42.82 76

19.14 151 38.03 397

Commercial Asset 86 81.13 14 - 6 - 106 Residential Cum

Commercial Asset 46 49.46 21 -

26 --

93 More Than One

Asset Loss 21 80.76 4

15.38 1

3.84 26

11 Other losses comprise of asset such as store, temple, cattle shed and garage.



Other Losses12 3 75 1

25 - -

4

Grand Total 720 HHs 549 HHs 319 HHs 1588 HHs


Based on the above table it is ascertained that a total of 1588 households will be affected as a result of the project and will incur a variety of losses. The details of the total affected assets are provided in Table 3.10 below. A total of 2457 assets (inclusive of 122 trees) belonging to 1588 households will be affected as a result of the subproject.

Table 3.10: Total Number of assets getting affected Total number of asset affected

Type of Asset getting affected In No.

In %age

Agricultural plots 1695 plots

68.98

Commercial Assets 109 assets

4.43

Residential Assets 420 assets

17.09

Residential cum Commercial Asset 96 assets

3.90

Trees 122 trees

4.96

Other assets 15 structures

0.61

Grand Total 2457 Assets

100% Source: Resettlement Census Survey, 2008

In terms of land loss, the subproject improvements will entail a total land acquisition of 120.12 acres in 74 villages inclusive of agricultural, residential, commercial and residential cum commercial land. (Table 3.11)

Table 3.11: Extent of Total Land loss Type of land plot affected Acre

Agricultural Land 105.79 acres13 Residential land 11.25 acres Commercial land 1.11 acres

Residential cum Commercial land 1.97 acres Total Land getting affected 120.12 acres


3.6 Impact on Agricultural Land The census survey data brought forth that 962 households will incur impact on a total of 1695 agricultural plots, constituting 69% of the total assets affected and amounting

12 Other losses comprise of asset such as store, temple, cattle shed and garage. 13 Out of the total affected 105.79 acres of agricultural land, except for 1.34 acres which comprises of Dhani Class I irrigated land, the remaining 104.45 acres comprises of cultivable but unirrigated land.



to 105.79 acres of agricultural land, making it the main asset getting affected all along the subproject sections. While the major impact will be on agriculture, the analysis of income source data reveals that only in case of 14% of the total affected households, agriculture comprises the primary source of income. Although blessed with rich natural resources, mainly minerals and forests, 80% of Jharkhand’s population, residing in 32,620 villages, survives on agriculture and allied activities. Despite these statistics, Jharkhand’s performance in the agriculture sector is poor, with 18.04 lakh hectares of net sown area, as against 38 lakh hectares of total cultivable area. Irrigation facilities are available for only 1.57 lakh hectares, which is 8% of the net sown area. This has been one of the key reasons for the poor state of agriculture in the region. 3.6.1. Type of Agricultural Land The data analysis of the agricultural plots getting affected by the project brought forth that a significant proportion i.e. 98.5% out of these comprise of unirrigated plots largely dependent upon monsoon for irrigation and hence taking only single paddy crop. The remaining households have irrigation source available and are thus able to take more than one crop on their plots. (Table 3.12)

Table 3.12:Districtwise Type of Agricultural land getting affected


Dumka Pakur Sahibganj TYPE OF LAND

In No. In %age

In No. In %age

In No. In %age

Grand Total

Irrigated 16 66.66 7

29.16 1

4.16 24

Unirrigated 764 45.72 744

44.52 163

9.75 1671

Grand Total 780 plots 751 plots 164 plots 1695 Plots


Out of the total affected 105.79 acres of agricultural land, except for 1.34 acres which comprises of Dhani Class I irrigated land, the remaining 104.45 acres comprises of cultivable but unirrigated land. The average land holding size of agricultural land amongst the affected households ranged between 2 acres to 5 acres.

3.6.2. Extent of Loss of Agricultural Land The analysis of the impact ratio on affected plots brought forth that in case of 1695 plots, 89% (1510 plots) of these plots will incur les than 5% impact on their total land size. Amongst these 1510 plots, 42% will undergo less than 1% of land loss in proportion to their total land holding hence having limited impact on their income while the remaining will have loss ranging between 1-5 % of their total land holding. (See Table 3.13) Only in case of 75 plots, the loss incurred will be more than 10% of the total land holding. However, as shared in Table 3.12 above, due to the lack of irrigation facilities in the area, the majority of the affected households are engaged in subsistence agriculture practices and substantiate the same by working agricultural as well as non-agricultural labour most time in a year.



Table 3.13: Districtwise Extent of loss of agricultural land



Extent of loss of Agriculture land in

%age In No. In %age

In No. In %age

In No. In %age

Grand Total

Less than 1% 238 37.48 304

47.87 93

14.64 635

01- 05% 456 52.11 354

40.45 65

7.42 875

05 - 07% 27 49.09 27

49.09 1

1.81 55

07 - 10% 21 38.18 33

60 1

1.81 55

More than 10% 38 50.66 33

44 4

5.33 75

Grand Total 780 plots 751 plots 164 plots 1695 Plots


3.7 Impact on Residential Assets Apart from agriculture, 17% (420 residential assets) of the assets affected by the Project, comprise of residential assets. These affected residential assets belong to a and Sahebganj portion of the Dumka – Barhet subproject. The following sections provide details of the extent of loss, structure construction type, ownership pattern of the affected residential assets: 3.7.1 Ownership pattern Table 3.14 below describes the ownership pattern, i.e. the legality of project affected residential assets in the subproject. It is observed that out of the total affected assets, 417 assets are legal belonging to titleholders whereas only 3 of the affected total of 397 households. The majority of affected residential structures fall in Dumka residential structures are of squatters.

Table 3.14: Districtwise Ownership Pattern of Affected Residential Assets


Dumka Pakur Sahibganj Legality of Structure

In No. In %age

In No. In %age

In No. In %age

Grand Total

Owner 188 45.08 77

18.46 152

36.45 417

Squatter 2 66.66 1

33.33 -

- 3

Grand Total 190 Assets 78 Assets 152 Assets 420

Assets Source: Resettlement Census Survey, 2008



3.7.2 Construction Type The census survey and the field study brought forth that of the 420 affected residential assets, 58% comprise of kutcha structures made of mud, followed by 23% pucca or RCC structures. 18% structures comprised of semi-pucca structures.

Table 3.15: Districtwise Construction type of Affected Residential Assets


Dumka Pakur Sahibganj Construction Type

In No. In %age

In No. In %age

In No. In %age

Grand Total

Kutcha 77 31.42 51

20.81 117

47.75 245

Pucca 63 64.94 18

18.55 16

16.49 97

Semi Pucca 49 66.21 9

12.16 16

21.62 74

Wooden 1 25 - - 3

75 4

Grand Total 190 assets 78 assets 152 assets 420


3.7.3 Portion of Residential Asset getting affected The survey data revealed that in case of 234 out of the 420 residential structures getting affected the road improvements will impact the main structure on, whereas in case of the remaining structures the impact will be incurred by the boundary wall, plot (frontyard) area and garden & frontage of the asset without any impact on the main structure.

It is pertinent to note that of the 234 assets undergoing impact on main structure, 144 will undergo severe impact thereby making them non-livable whereas in case of the remaining 90 structures the impact will be minor in nature without affecting the full structure.

The impact on residential structures will largely incur in areas wherein the road section is passing through dense habitation areas such as Kadma, Litipara, Bhurkunda, Chota Kadam, Gopladih etc.

3.7.4 Relocation & Rehabilitation Measures In case of the 144 households undergoing severe impact thereby making them non-livable, their opinion on relocation options and choices was sought during the course of the resettlement survey. It was interesting to note that of the 144 severely affected assets, 93% (116 asset owners) voiced the need for self managed relocation. One of the key reasons for the same as brought forth in the survey is that nearly all the households met have sufficient land available at the existing dwelling locations along the road on which they can rehabilitate their assets. They hence voiced the need for sufficient compensation with which they can rehabilitate their houses. (See Table 3.16)



Table 3.16: Districtwise Perception on R&R


Dumka Pakur Sahibganj Kind Of Relocation

In No. In %age

In No. In %age

In No. In %age

Grand Total

Not Applicable 125 45.28 54

19.56 97

35.14 276

Project Assisted 11 39.28 3

10.71 14 50 28

Self Managed 54 46.55 21

18.10 41

35.34 116

Grand Total 190 78 152 420

Asset Source: Resettlement Census Survey, 2008

The remaining 28 HHs incurring severe impact on their structures have voiced the need for project assistance in enabling them to resettle by helping them identify appropriate locations in the vicinity of their existing locations for rehabilitating their houses. As shared in this RP, all these affected households incurring impact on structures apart from compensation for land (at market value) and structure (without depreciation) will be entitled to assistance in form of rental as well as shifting/transfer assistance. In addition, as voiced by these 28 households, the Project by means of the DLIC and the implementing NGO/R&R Implementation agency will also facilitate these affected households in identifying and relocating at a suitable place in the vicinity of their existing location/village. 3.8 Impact on Commercial Assets In addition to residential assets, in habitation areas along the road, road improvements will also impact a total of 109 commercial assets. The following sections provide details of the kind of asset, extent of loss, portion getting affected, and ownership pattern of the affected commercial structures.

3.8.1 Ownership pattern Table 3.17 below describes the ownership pattern, i.e. the legality of project affected commercial assets in the subproject. It is observed that out of the total affected assets, 59 assets were those being operated by non-titleholders mainly squatters, whereas the remaining 50 assets belonged to titleholders.

Table 3.17: Districtwise Ownership Pattern of Affected Commercial Assets


Dumka Pakur Sahibganj Legality of land

In No. In %age

In No. In %age

In No. In %age

Grand Total

Owner 38 76 8

16 4

8 50

Squatter 49 83.05 8

13.55 2

3.38 59

Grand Total 87 16 6 109




3.8.2 Nature/Type of Commercial enterprise Of the 109 affected enterprises, 53% (58 assets) comprises of small shops selling variety of goods, followed by 27% (29 assets) comprising of small kiosks selling paan, cigarette, small goods etc. a total of 13% of these enterprises comprised of roadside dhaba and hotel. The remaining 8 enterprises comprised of workshop and STD booth.

Table 3.18: Districtwise Nature/Type of Affected Commercial Assets


Dumka Pakur Sahibganj Type of commercial Enterprise getting

affected

In No. In %age

In No. In %age

In No. In %age

Grand Total

Dhaba 8 88.88 1

11.11 - - 9

Gumti / Khokha (Kiosk) 26 89.65 2

6.89

1

3.44 29

Hotel 4 80 1

20 - - 5

Shops 41 70.68 12

20.68 5

8.62 58

STD Booth 1 100 - - -

- 1

Workshop 7 100 - - -

- 7


assets Source: Resettlement Census Survey, 2008

3.8.3 Construction Type Only 29 of these affected assets are pucca in nature followed by 17 which are semi-pucca material. Since a significant proportion of it are owned by squatters, 63 of these semi-permanent and kutcha in nature made of mud, wood and some comprising of thatched structures.

Table 3.19: Districtwise Construction Type of Affected Commercial Assets


Dumka Pakur Sahibganj Construction Type

In No. In %age

In No. In %age

In No. In %age

Grand Total

Pucca 24 82.75 5

17.24 - - 29


29.41 - - 17

Wooden 31 83.78 4

10.81 2

5.40 37

Kutcha 14 70 2

10 4

20 20

Thatched 6 - - - -

- 6





3.8.4 Impact on tenants 14 of the affected commercial assets housed a total of 22 tenants. These tenants using these significantly affected commercial structures will experience temporary losses till they find their new rental premises and will hence need to be assisted under the Project. Adequate provisions have been provided for in the entitlement matrix in order to ensure minimum disruption of lives of the tenants. 3.8.5 Impact on employees Of the 109 affected commercial enterprises, due to the small scale of operation, the presence of employees was noted only in case of 18 enterprises whereas the remaining was being run by the operators themselves. A total of 49 employees working in the significantly affected 18 commercial structures will experience temporary losses till they find their next job and will need to be assisted under the Project. 3.8.6 Relocation & Rehabilitation Measures Discussions undertaken with the 109 asset owners and operators incurring impact on their main structure indicated that clearly indicated need for a fair compensation which helps them in restoring their assets. 80 of these asset owners/operators stressed that they will not require project support in relocation as they have sufficient land at the back of the existing structure so as to restore and shift their residential cum commercial assets. Half of these affected assets are run by squatters who are scattered all along the 100 km road section and they too voiced the need for assistance with which they shall reconstruct and start their small enterprise yet again on the edge of the new road. (See Table 3.20)

Only 26 households shared that while they possess land at the existing location they would require assistance from the project in enabling them relocate by means of transit support till their new enterprise is constructed/ completed. Both set of households stressed on the need for adequate compensation/assistance for their asset which will enable them to effectively re-establish themselves.

Table 3.20 : Districtwise Perception on R&R


Dumka Pakur Sahibganj Preferred Relocation

option

In No. In %age

In No. In %age

In No. In %age

Grand Total

Not Applicable 3 100 - - -

- 3

Project Assisted 20 76.92 4

15.38 2 7.69 26

Self Managed 64 80 12

15 4

5 80





3.9 Impact on Residential cum Commercial Assets The subproject will also affects households which operating a commercial enterprise such as small shop as well as residing in the same and has been classified as residential-cum commercial assets. A total of 96 such assets will be affected by the Project in Package III -Dumka - Barhet section. It is interesting to note that the nearly half of these structures are located in Dumka district alone. 3.9.1. Nature of Residential cum Commercial enterprise Of the total affected 96 such assets, near total of these assets i.e. 90 assets comprise of shops being run by the affected households. In case of the remaining 6 assets, three of these affected assets are also being used as dhaba and the remaining as kiosks, hotel etc other than residential purpose.

Table 3.21: Districtwise Distribution of Affected Residential cum Commercial Assets



Type of Enterprise getting affected in

the Residential cum Commercial Asset

In No. In %age

In No. In %age

In No. In %age

Grand Total

Dhaba 2 66.66 - - 1

33.33 3

Gumti/Kiosk/Khoka - - - - 1

100 1

Hotel - - 1

100 - - 1

Other - - 1

100 - - 1

Shop 45 50 21

23.33 24

26.66 90



3.9.2 Ownership Pattern of the Affected Asset The census survey undertaken on the subproject in January – February 2008 indicated that except for seven such assets being run by squatters, rest all these assets are owned by title owners of the asset.

3.9.3 Construction Type 45% of these affected assets are pucca in nature followed by 31% which are made of kutcha material. Amongst the remaining 23 such assets, 78% (18 assets) comprise of semi-pucca construction whereas 13 % are wooden in nature and 9% thatched structures.

Table 3.22: Districtwise Construction Type of Resi. cum Commercial Assets


Dumka Pakur Sahibganj Grand Total Construction Type

In No. In %age In No. In %age In No. In %age



Kutcha 9 30 9

30 12

40 30

Pucca 28 65.11 7

16.27 8 18.60 43


33.33 6

33.33 18

Thatched 1 50 1

50 - - 2

Wooden 3 100 - - -

- 3



3.9.4 Portion of Residential cum Commercial Asset getting affected The survey showed that 81 out of the 96 affected structures will incur impact on their main residential cum commercial assets, whereas in case of the remaining only the on the boundary wall, plot (frontyard) area and frontage of the asset without any impact on the main structure will be affected.

It is pertinent to note that of the 81 assets undergoing impact on main structure, 66 will undergo severe impact thereby making them non-livable whereas in case of the remaining 15 structures the impact will be minor in nature without affecting the full structure.

3.9.5 Impact on Tenants 12 of the affected Residential cum commercial assets are also inhabited by tenants. The presence of a total of 22 tenant households was noted in these 12 affected assets.

Table 3.23: Districtwise Presence of Tenants in Resi cum Commercial Assets



Presence of any tenant in the

structure In No. In %age

In No. In %age

In No. In %age

Grand Total

NO 40 47.61 18

21.42 26

30.95 84

YES 7 58.33 5

41.66 - - 12


In order to ensure minimum disruption of lives of the tenants, appropriate provisions in terms of rental and shifting assistance have been provided for in the entitlement matrix. 3.9.6 Impact on employees

In addition, presence of employees was noted in 5 out of the 96 affected Residential cum commercial enterprises. Census survey revealed that a total of 9 employees working in these 5 affected enterprises will also undergo temporary loss of income till



s/he find next job and therefore need to be assisted under the Project. (See Table 3.24)

Table 3.24: Distriwise Presence of Employees in Resi cum Commercial Assets



Presence of employee in the

Enterprise In No. In %age

In No. In %age

In No. In %age

Grand Total

YES 3 60 - - 2

40 5

NO 44 48.35 23

25.27 24

26.37 91



3.9.7 Relocation & Rehabilitation Measures Discussions undertaken with the 66 households incurring impact on their main structure indicated that clearly indicated need for a fair compensation which helps them in restoring their assets. 85% of these (i.e. 56 HHs) stressed that they will not require project support in relocation as they have sufficient land at the back of the existing structure so as to restore and shift their residential cum commercial assets. Only 10 households shared that while they possess land at the existing location they would require assistance from the project in enabling them relocate by means of transit support till their new house is constructed/ completed. Both set of households stressed on the need for adequate compensation for their asset which will enable them to effectively re-establish themselves.

Table 3.25: Districtwise R&R Preferences of Affected households


Dumka Pakur Sahibganj Preferred Relocation

option

In No. In %age

In No. In %age

In No. In %age

Grand Total

Not Applicable 17 56.66 7

23.33 6

20 30

Project Assisted 4 40 3

30 3 30 10

Self Managed 26 46.42 13

23.21 17

30.35 56



3.10 Other Losses Apart from the residential, commercial and residential cum commercial assets, 15 households will incur loss of other structures mainly comprising of cattle shed, store, small personal temples and garage as a result of road improvements. All these assets are located on the title land of the affected households.



In case of these assets as shared in Table 3.26 in majority of the cases i.e. 9 households, cattle sheds will be affected, followed by small temples in case of 3 households and store and garage in case of remaining three households. All these 15 assets were kutcha structures made of mud and hay etc and will not have any impact on the lives and livelihood of the affected households. Also, of these 15 structures, 11 will be totally affected while the remaining 4 will be partially affected by the Project.

Table 3.26: Districtwise Type of Other assets getting affected


Dumka Pakur Sahibganj Profile of the Asset

In No. In %age

In No. In %age

In No. In %age Grand Total

Cattle Shed 6 66.66 2

22.22 1

11.11 9

Garage 1 100 - - -

- 1

Store 2 100 - - -

- 2

Temple 3 100 - - -

- 3

Grand Total 12 2 1 15 Source: Resettlement Census Survey, 2008

3.11 Loss of Trees A total of 122 privately owned trees will be affected as a result of the Project thereby affecting a total of 9 households in the three districts. All of these 9 affected households are title owners. The majority of the affected trees are concentrated in Dumka with just one fuel wood tree getting affected in Pakur and none in Sahibganj. Table 3.27 below enumerates the classification of the affected trees as per type.

Table 3.27: Districtwise Classification of affected Trees


Dumka Pakur Sahibganj Name of the

Affected Asset

In No. In %age

In No. In %age

In No. In %age

Grand Total

Fruit 9 100 - - -

- 9

Fuel Wood - - 1

100 - - 1

Furniture/Industry 112 100 - - -

- 112

Grand Total 121 1 - 122

Trees Source: Resettlement Census Survey, 2008

3.12 Awareness and Perception of the affected households on the subproject The census survey brought forth that the majority of the households were aware of the proposed improvements as a technical survey exploring the same was undertaken



in the past. The local communities clearly expressed the need for the Project with 71% of the affected households supporting the subproject construction on grounds that it will benefit the local people in the long run. In terms of subproject benefits, a section of the community was of the opinion that the road improvement would augment traffic movement as well as development and employment opportunities in the area. However, due to the ensuing subproject impact on land acquisition and structures, the affected households were also apprehensive of the subproject. The awareness level with regard to the subproject construction was relatively high in the area with 76% of the affected households confirming having information about the proposed improvements. This can be attributed to the fact that the Public Works Department has been planning to undertake the proposed improvements and had undertaken some initial technical surveys on the subproject in the past which informed the people.

3.13 Impact on Common Property Resources & institutions A total of 30 Common Property Resources (CPRs) comprising of the government & other institution property resources will incur some adverse impacts as a result of the subproject. Amongst these 30 affected CPRs in 19 villages, the majority comprise of water related resources i.e.10 roadside hand pumps, 2 water tanks and 2 wells which will be adversely affected and need to be relocated as a result of the Project construction. A total of 5 temples will also be affected at Kadma village, Jorasimal village (2 temples), Shivtala Village and Het Majheria. Out of these five affected temples, while two will incur impact on their main structure thereby entailing their relocation, the remaining three will only require restoration. In addition, two crematoriums at Kamardiha & Padarkola will also be affected due to the Project. These crematoriums largely comprise of open land plot owned by the village designated and used by the villagers for cremation purposes. In both the cases, some portion of these land areas will be affected as it is located along the road, however, the extent of loss is minor and hence will not require relocation or provision of an alternate site. In case of Kadma, the boundary wall of the school will be affected as a result of the road improvements without any impact on the main school structure. In order to ensure safety of children in such sections, necessary technical measures will be taken during construction and post-construction by means of providing necessary signage and boards near the schools so as to ensure that the school children don’t become susceptible to accident and other traffic related dangers. The remaining affected CPRs are enumerated in the Table 3.28 below.

Table 3.28: Districtwise Type of CPR getting affected


Dumka Pakur Sahibganj Grand Total

Type of Affected CPR

In No. In %age

In No. In %age

In No. In %age

Hand Pump 7 70 - - 3

30 10



Shrine/Temple 3 60 2

40 - - 5

Crematorium - - 2

100 - - 2

Tanks 2 100 - - -

- 2

Well 1 50 - - 1

50 2

Govt Health Center 1 100 - - -

- 1

Panchayat Bhawan - - 1

100 - - 1

Ponds 1 100 - - -

- 1

School - - 1

100 - - 1

Others 1 20 1 20 3

60 5


CPRs Source: Resettlement Census Survey, 2008

The 19 villages wherein the above stated CPRs will be affected are as follows (Table 3.29):

Table 3.29: Districtwise list of villages where CPRs getting affected District Dumka

Name of the village NO. of Affected CPRs Bhurkunda 2 Chandarpur 1

Chapuria 1 Gopikandhar 2 Jora Simal 4 Kathikund 2 Kukurtopa 1

Het Majehra 3 Nayadih 1 Sub-total 17 CPRs

District Pakur Chota Paharpur 1

Kamardiha 1 Littipara 1

Paderkola 1 Seherghati 1

Shivtala 1 Sub-total 6 CPRs

District Sahibganj Bhishnupur 2 Road Go 1 Kadma 3

Surajbeda 1



Sub-total 7 CPRs

Grand Total

30 CPRs Source: Resettlement Census Survey, 2008

The institutions/organizations incurring loss under the Project were consulted and contacted during the Resettlement census survey. In case of these 30 CPRs interactions were undertaken during the survey with the respective institution representatives and community who stressed on the need for restoration of the affected CPR and/or compensation for the asset being acquired for the road improvement.

The concerned Executive Engineer at the Division level will obtain consent and evolve consensus involving community people and local NGO/ R&R Implementation agency for shifting at the desired places at government cost. The Resettlement Officer in the Division will play a leading role in this regard. Necessary financial provisions have been included in the budget/costing for implementation of RP.



CHAPTER 4:

IMPACT ON INDIGENOUS PEOPLE IN THE PROJECT AREA

4.1. Scheduled Tribes in Jharkhand

The Scheduled Tribe (ST) population in Jharkhand as per 2001 census constitutes of 7,087,068 thereby constituting 26.3 per cent of the total population. Among all States and UTs, Jharkhand holds 6th and 10th ranks in terms of the ST population and the percentage share of the ST population to the total population of the State respectively. The growth of the ST population has been 17.3 per cent which is lower by 6 per cent if compared with the growth of the State’s total population (23.3 per cent) during 1991-2001. The state has a total of thirty (30) Scheduled Tribes and all of them have been enumerated at 2001 census. The Scheduled Tribes are primarily rural as 91.7 per cent of them reside in villages. Amongst the three districts through which Package III road section traverses, in terms of proportion Dumka and Pakur have a near equal ST population at 45% of the total district population followed by Sahebganj’s ST population i.e. 31%.

Table 4.1: District wise ST population

Total Population ST Population (in numbers)

ST Population (in Percentage)

Districts

1991 2001 1991 2001 1991 2001

Dumka 950835 1106421 443285 495239 46.62 44.76

Pakur 564253 701664 278331 312838 49.32 44.59

Sahibganj 736835 737806 228990 227262 31.08 30.89

Source: Census Report, 2001

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

4.2. Key impacts of the Project on Tribals

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

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



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

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

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

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

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

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

Are there tribal groups present in project locations?

Presence of Santhal population was noted along the sub project road section from Dumka – Barhet.

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

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



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

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

Will the sub-project change their socioeconomic and cultural integrity?14

Will the sub-project disrupt their community life?

As mentioned in previous sections, no differences (except for a few festivals) were noticed between the ST and non-ST households in the area. The ST households are largely assimilated with the mainstream population. Hence the subproject will not have any impact on their socio-economic and cultural integrity patterns. Also it is pertinent to note that the road to be improved under the Project is not a new road and has been in existence for last few decades. Hence, the area and population is frequently exposed to outside culture and population. Also in sections wherein tribal households are incurring impact on residential structures, there exists sufficient land with these households to reconstruct their houses at the same place on the edge of the new road. As a result none of the ST households will be displaced and hence there would be no disruption of community life.

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

IP households were positive about the subproject and regard it as beneficial and positive for their own development. One of the key benefits of the project will be in terms of improved access to employment, income, health, education facilities and better transportation15.

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

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

14 That is, undermine their production systems and the maintenance and transmission of their cultural patterns.

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



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

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

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

The only adverse impact of the Project on the tribals would be in terms of involuntary resettlement impacts. A total of 1036 ST households will be affected by the Project. In majority of the cases, this impact would be on unirrigated agriculture land (ranging from mostly 1-5 % of their total land holding) and in some cases on structures. The detailed analysis of the IR impact on ST households is done in Section 4.3 below. Adequate provisions have been incorporated into the Entitlement Matrix (in the RP) to mitigate and compensate for the same.

It would also be also worthwhile to note that the IP households were positive about the subproject and did not feel that they will encounter any adverse socio-cultural or economic impacts as a result of the Project. The Project however, is being seen as beneficial and positive by them too for their own development. They voiced that the project will benefit them socially and economically by improving access to employment, income, socio-economic facilities and better transportation16.

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

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

The following section presents the analysis of the data pertaining to the affected ST households as identified in the census.

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



4.3. Involuntary Resettlement Impact on ST Households

4.3.1 Number & Distribution of affected ST Households As shared earlier, 65% of the total affected households comprised of STs with a total of 1036 households. It is worthwhile to note that 365 HHs out of these comprise of those with multiple vulnerability. In terms of presence, the maximum ST affected HHs i.e. 48% of the total fall in Pakur district followed by 41% in Dumka district. The remaining 11 % of the ST households fall in the road section traversing through Sahebganj district up to Barhet.

Table 4.3: Districtwise distribution of Affected ST households Status DUMKA PAKUR SAHIBGANJ Grand Total

Multiple Vulnerability 187 161 17 365 ST 238 332 101 671


4.3.2. Household Size During the Census, information was gathered on the ST households’ family type/status. As in the period of urbanization more and more families are becoming nuclear, this trend of changing family structure was also observed among the tribal families in the project area. The data of the survey revealed that 945 of the total affected ST families comprise of those with family size upto 9 family members. The majority of the ST families comprised of nuclear families.

In terms of concentration of joint families in each of the project districts, 7.5 percent households are living together as a joint family with family size of 10-15 members and only 1 percent of the households comprised of the extended family with family size of over 16 members. Table 4.4 shows the district wise distribution of the ST family size in the project area.

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

(No. of members) DUMKA PAKUR SAHIBGANJ Grand Total

More Than 20 4 1 - 5 16 – 20 5 3 - 8 10 - 15 36 30 12 78 6 - 9 154 204 49 407

Upto 5 226 255 57 538 Grand Total 425 HHs 493 HHs 118 HHs 1036 HHs


4.3.3. Education Level of the ST Respondents

Of the 1036 ST affected households surveyed during the census survey, 52 percent of the respondents from these households comprised of illiterates. 17 percent of the respondents had studied till primary levels followed by 11 percent with middle school education. 14 % of the respondents had education up to secondary level.



However, as apparent in the Table below, a steady decline was noted in the number of respondents with the increase in education levels with only 3% percent respondents with higher secondary education and 2% percent respondents comprising of those with graduate level degree and above. (See Table 4.5)

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

DUMKA PAKUR SAHIBGANJ Grand Total

Illiterate 168 295 78 541 Functional Literacy 1 5 - 6

Primary 84 76 12 172 Middle 58 42 12 112

Secondary 81 51 14 146 Higher Secondary 17 13 2 32

Graduate 8 6 - 14 Post Graduate 2 - - 2 No Response 6 5 - 11 Grand Total 425 HHs 493 HHs 118 HHs 1036 HHs


4.3.4. Sources of Income of ST households In Jharkhand, as shared earlier, the performance of the agriculture sector has been poor, with 18.04 lakh hectares of net sown area, as against 38 lakh hectares of total cultivable area. Irrigation facilities are available for only 1.57 lakh hectares, which is merely 8% of the net sown area. Hence, agriculture is usually done during the monsoon period as no other source of irrigation is available for the majority of the agricultural land. It comes as no surprise that only one-fifth of the total affected ST households reported agriculture as their main source of livelihood.


Table 4.6:Districtwise Sources of Income of Affected ST households Name of the District

Sources of Income DUMKA PAKUR SAHIBGANJ Grand Total

Agriculture 61 120 17 198 Non Agricultural Labour 26 10 2 38

Agricultural Labour 7 1 - 8 Trade/Business 9 2 1 12 Govt. Service 6 1 - 7

Other 4 1 1 6 Profession 4 1 5

Forestry 2 - - 2 HH Industry 1 - - 1

More Than One Sources 305 357 97 759 Grand Total 425 HHs 493 HHs 118 HHs 1036 HHs



Table 4.6 below shows the district wise occupational pattern in the project area. 73% of the total affected ST households reported engagement in more than one profession for greater income generation so as to substantiate the basic income generated from their subsistence agriculture pattern through which they are able to grow small crops for the family consumption only and not for selling due to the small land holdings. Amongst the three districts, the proportion of households engaged in Agriculture as the primary income activity was noted to be the highest in case Pakur.

Of the remaining 79 affected households, 38 households are primarily dependent upon non agricultural labour, followed by 12 households engaged in trade and business whereas the remaining are engaged into occupations like government service, professions, HH industry and others. Forestry too is not a key part of economic activities with only 2 affected households reporting deriving main income from it. In case of remaining households, very few were engaged in forestry and collection of forest produces. Some of the households engaged in the same collect firewood and some forest produce such as mahua and chironji that too largely for HH consumption purposes.

4.3.5. Types of Project Losses 800 (77%) out of the 1036 ST households will incur impact on agricultural land as a result of the Project. 95% of this agricultural land getting affected comprises of unirrigated land and hence not the main source of livelihood for the affected households except in case of 198 HHs as mentioned in previous section. Apart from agriculture plots, 15% households will incur impact on their residential assets. In majority of the cases, the loss will be limited to impact on frontage without any impact on the main structure. In case of 3% ST HHs, the commercial structures mainly comprising of small shops, kiosks will also be affected as a result of the Project. In case of 23 ST HHs, who are operating small commercial enterprises out of their residential structures, such structures (classified as Residential cum Commercial Structures) will also incur some impact mainly on the front portion of the structure.

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

Types of Losses DUMKA PAKUR SAHIBGANJ

Grand Total

Agriculture Land 308 412 80 800 Residential Asset 76 51 34 161 Commercial Asset 19 8 - 27

Residential Cum Commercial Asset 9 11 3 23 More Than One Asset 8 9 1 20

Other Losses17 3 2 - 5 Grand Total 425 HHs 493 HHs 118 HHs 1036 HHs


17 Other losses comprise of asset such as store, temple, cattle shed etc.



4.3.6. Anticipated Project Impacts

During the course of the census survey, the perceptions of the affected ST HHs was also sought on the necessity and significance of the Project entailing road improvement between Dumka to Barhet section. Despite the losses that they would incur, 73% of the 1036 affected ST HHs voiced that the Project as “necessary” and one that will benefit the local population. Only 20% of the ST Households expressed reservation on the need of the Project largely due to the adverse impact being incurred by them.

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

Project Necessity DUMKA PAKUR SAHIBGANJ

Grand Total

Will Benefit Local People 282 391 86 759 No Don’t Need 105 75 28 208

Cant Say For Sure 27 20 - 47 No Response 11 7 4 22 Grand Total 425 HHs 493 HHs 118 HHs 1036 HHs


4.4. Mitigation Measures for the ST Households

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

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

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

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

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

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

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

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

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

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



o In case of Titleholders losing income through agriculture, Transitional allowance equivalent 250 days of Minimum Agricultural Wage18 (MAW) in the state at the time of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly

subsistence allowance equivalent to three months minimum agricultural wages19 per month for a period of one year from date of displacement

o In case of squatters and vulnerable encroachers losing primary

source of income, One-time financial assistance for transitional income support equivalent to one time payment of 200 days of minimum wages20 as fixed by the govt.

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

displacement of commercial structure, one time payment of 60 days (2 months) of minimum wages21 as fixed by the govt.

Additional assistance for ST households: Vulnerable22 affected households will

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

18 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 19 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 20 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 21 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 22 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.



CHAPTER 5:

RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX

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

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

5.2 Policy Framework – Review of Resettlement Policies and Legal Framework

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

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

• Preference to affected families in employment in the project, subject to availability of vacancies & suitability of skills, Trainings of affected persons so as to enable them to take up suitable jobs, scholarships & other skill development opportunities; preference to affected persons in labour work during construction



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

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

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

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

In addition to the new NPRR, at the state level as well, there exists a draft Jharkhand State Resettlement & Rehabilitation (R&R) Norms, 2009 currently pending approval and adoption. While this policy only applies to all industrial projects, envisaging a capital investment of Rs. 100 crore or more, and entailing acquisition of private land under Land Acquisition Act, 1894 or under any other laws for the time being in force, the policy principles and measures are progressive in nature. Chapter VII & VIII of the draft policy lay down R&R entitlements for those affected. Apart from the provision of compensation for land at the prevalent market rate, the draft policy also provides for R&R provisions with stress on resettlement and livelihood restoration of the households affected. Different types of provisions have been laid down based on extent and nature of loss. In addition, non-titleholders such as landless & homestead encroachers, who have been in possession of that for a period of at least 10 years, are also provided equal compensation for similar land/structure on encroached land.

5.3 ADB Policy on Involuntary Resettlement

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

ADB policy guidelines are summarized below:



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

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

and improve their quality of life;

Gender equality and equity should be ensured and adhered to;

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

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

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

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

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

All compensation payments and related activities should be completed prior

to the commencement of civil works;

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

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

into host communities;

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

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

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

treatment;

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

5.4 Similarities and differences between the National Policy and the ADB

Policy

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



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

ADB IR Policy Indian LA Act (1894)

NPRR (2007) Gaps Gap Mitigations through

Resettlement Plan and Entitlement

Matrix (i) Avoid involuntary resettlement

No provision in the LA Act

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

No gaps between ADB and NPRR policy requirements

N/A

(ii) Minimize involuntary resettlement

LA Act does not include any provision for minimizing impact

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

Policy focus more on Displacement and not explicit on IR minimization

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

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

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

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

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

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

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

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

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

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

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



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

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

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

Very close to ADB requirements

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

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

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

Gaps with ADB Policy

-

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

Non-titled persons are ineligible for any compensation

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

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

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

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

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

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

(ix) Restoration of income in post-resettlement period


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

No specific statement concerning restoration of livelihood

Entitlement Matrix makes appropriate provisions in this regard.

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


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

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

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



5.5 Resettlement Policy & Principles for the Project

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

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

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

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

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

e) Payment of compensation for acquired assets at replacement cost23;

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

g) All compensation and other assistances24 will be paid to all APs prior to commencement of civil works on the site acquired.

h) Broad entitlement framework of different categories of project-affected people has been assessed and is given in the Entitlement Matrix. Provisions will be

23 In this Project, the replacement cost of land will be derived based on the Jharkhand R&R Norms – 2009. As per this policy, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60%solatium shall be paid. 24 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

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



kept in the budget for those who were not present at the time of the survey. However, anyone moving into the subproject area after the cut-off date will not be entitled to assistance.

i) Income restoration and rehabilitation; and

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

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

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

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

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

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

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

(iv) assistance for shifting;

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

(vi) special additional assistance for vulnerable25 households

The ADB Policy requires compensation for the lost assets at the current replacement value to both titled and non-title holders26 and resettlement assistance for lost income and livelihoods. In this subproject, the absence of formal titles will not constitute a bar to resettlement assistance and rehabilitation. Based on the inventory of losses, an Entitlement Matrix has been developed, which recognizes and lists various types of losses resulting out of the subproject. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits.

25 The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 26 However, no assistance will be paid to encroachers, who are not socio-economically vulnerable and do not fall in the vulnerable category as defined under the RP.



As per the Entitlement Matrix (Table 5.2), the affected people will receive compensation for land and other assets at the replacement value, in accordance with ADB’s Policy on Involuntary Resettlement and Operational Manual Section F2/BP and F2/OP as well as assistance for shifting and income restoration, and additional assistance to vulnerable groups to help the subproject affected persons to restore their lives and livelihoods in the post-resettlement phase. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no extra costs.

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

Table 5.2: Entitlement Matrix

Type of Loss Identification of Affected

Households

Entitlement Details

A: LOSS OF LAND

1. Loss of agricultural land

Owner/Titleholder/ traditional land rights27 of the affected plot

Cash compensation at Replacement cost

a). Replacement land as per the law or cash compensation at replacement cost as determined according to the formula proposed in Jharkhand Resettlement & Rehabilitation norms for ADB Project- 200928;

b). APs with traditional title/occupancy rights will also be eligible for full compensation for land, plus the difference or additional grant. c) If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, any of the following three options are to be given to the AP, subject to his/her acceptance:

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

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

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

27 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders

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



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

Owner/Titleholder/ traditional land rights29 of the affected plot

Compensation at replacement cost

a). Replacement of land or cash compensation at replacement cost as determined according to the formula proposed in Jharkhand Resettlement & Rehabilitation Norms for ADB Project (JRRP) - 200930;

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

B: LOSS OF RESIDENTIAL, COMMERCIAL & OTHER STRUCTURES

Titleholder of affected structure

• Compensation at Replacement cost

• Transfer grant • Rental

assistance

a) AP will be provided replacement value of the residential structure, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation.

b) Affected person shall be allowed to take salvaged material from the demolished structure at no costs.

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

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

3. Loss of structure

(residential and commercial structures)

Tenants • Rental Assistance

• Transfer grant • Compensation

(in case additional structure erected)

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

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

29Traditional land rights refers to household with customary rights to land and shall be treated equivalent to titleholders

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

.



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

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

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

C: LOSS OF CROPS & TREES

4. Loss of crops and trees

• Land Owners • Sharecroppers • Leaseholders

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

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

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

c) Compensation for loss of timber trees at current

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

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

D: LOSSES OF NON-TITLEHOLDERS

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

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

b) Compensation for affected structure to below poverty line (BPL) non title holder shall be provided benefit under Indra Awash Yojna or paid value of the structure whichever is lower.

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

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

Squatters and informal settlers

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

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

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

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



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

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

E: LOSS OF LIVELIHOOD SOURCE

Titleholders losing income through agriculture

Rehabilitation Assistance for

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

acquisition will be eligible to ex-gratia payment of Rs20000

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

6. Loss of primary source of income for the titleholders

Titleholders losing income through business

Transitional assistance a) Monthly subsistence allowance equivalent to three

months of his average business income.

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

Training Assistance for

income restoration

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

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

Wage earning employees indirectly affected due to displacement of commercial structure

Transitional assistance

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

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

F: LOSS OF COMMON PROPERTY RESOURCES

8. Loss of Common Property Resources

Affected community/Institution responsible

Cash compensation/ reconstruction

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

G: SUPPORT TO VULNERABLE SECTIONS

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





9. Additional assistance to vulnerable groups

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

One time Lump sum assistance

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

H: OTHER UNANTICIPATED IMPACTS

10. Temporary impact during construction like disruption of normal traffic, damage to adjacent parcel of land/assets due to movement of machinery and plant site for contractor etc

• Owner/ Titleholder/ traditional rights of the affected plot

• Community

Cash compensation for loss of income potential

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

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

c) Restoration of land to its previous quality

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

11. Any unanticipated adverse impact due to project intervention

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

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

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

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

As per this, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this



cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give his land voluntarily in that case the 60% solatium shall be paid.

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

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

Valuation of Crops & Trees: The valuation of crops and trees will be based on survey of market prices in the area for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price. The same may be computed with assistance from agriculture/ horticulture department. All compensation and other assistances34 will be paid to all APs prior to commencement of civil works. After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that APs can take away the materials. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department. 5.9 Disposal of Acquired Properties


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

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

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



The acquired land and properties would vest in the Project paying compensation for such lands/properties. However, even after payment of compensation, APs would be allowed to take away the materials salvaged from their houses and shops etc. acquired by the project and no charges will be levied upon them for the same. A notice to that effect will be issued to take away the materials so salvaged within 48 hours of their demolition, if not taken then the same will be disposed by the project authority without giving any further notice.

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

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

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

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

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CHAPTER 6:

CONSULTATION AND STAKEHOLDER PARTICIPATION

6.1. Introduction

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

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

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

6.2 Methods of Community Consultation

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


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

Stakeholders Method

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

Individual Household Interview of Affected Households

100% Survey of the total affected households

Village Headmen & Gram Panchayat members (local elected representatives)

Small discussions

Women’s belonging to various socio-economic groups

Focus Group Discussions (FGDs)

Affected Shopkeepers, tenants and squatters

Focus Group Discussions (FGDs)

Other vulnerable groups (ST and those BPL) FGDs

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

Semi-structured interviews

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

6.3 Consultation – Scope and Issues

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

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

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

• Identify and assess the major socio-economic characteristics of the villages to enable effective planning and implementation;

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

• Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

6.4. Feedback from Community Consultations

6.4.1 Consultations Findings at time of IPSA

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


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In a state like Jharkhand, where a significant proportion of the population is poor and rural, the absence of an effective transport system further aggravates the challenges. The improvement of the sample subproject road is anticipated to lead to better connectivity of the areas falling along the roads to the district and commercial centres. As a result, the Project will open up socio-economic avenues and opportunities for the local population particularly in the field of education, employment, trade and business, health etc which will further lead to the overall development of the project area as well as of its inhabitants.

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

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

• Change in mode and frequency of transportation resulting from improved

road will increase the number of public transport at a regular interval with less travel charges.

• Increased accessibility to health and educational facilities for the local

population • Anticipated Gender impacts include augmented mobility of women and

improved health and education status resulting from improved access to health facilities

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

6.4.2 Consultations Findings at time of Census Survey

A total of 5 community consultations were undertaken along the subproject during the course of the Census Survey. Table 6.2 below enumerates the location, number profile and key issues discussed in these consultations.

Table 6.2: Summary of Community Consultations

Village Number & Profile of

Participants

Issues Discussed & Concerns Raised

Steps taken to address the concerns

Lithipara 17 community members

In order to reduce impact on the habitation and shops in Lithipara as well

In consultation with people, appropriate


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including of shopkeepers and village Pradhan

as to straighten a 90 degree turn at this section, a curve has been proposed which would go adversely affect the panchayat land currently used for organising the weekly haat.

The consultation undertaken at this point brought forth consensus amongst the community and their support both for the Project as well as the proposed curve since it would reduce impact on the pucca shops and structures.

However, the community stressed on the need for adequate compensation and support in order to enable the small traders operating their shop at haat area to re-establish their shops.

design provision has been made (in form of a curve instead of the 90 degree turn) to reduce impact on pucca shops and structures.

Kadama 15 community members

comprising of those affected

In this village, the major impact will be on residential and residential cum commercial structures. In addition to that, 3 CPRs will also be affected in this area.

Detailed interactions undertaken with the community brought forth community support for the Project. The community views the Project as an opportunity for development. While the majority of impact in this village will be on structures, since all the affected households have sufficient land at the back of their existing (affected) structures, they plan to rehabilitate their structures on that land. This way they would benefit from the economic development opportunities constructed along the road.

One of the key issues raised by those affected was with regard to fair compensation which would help them in rehabilitating their structures. In addition, stress was put by the community on adequate safety provisions to be made along the road particularly since a school is located along the road in this village.

In keeping with community suggestions appropriate provisions will be made in technical design to address road safety issues by means of installation of road furniture and necessary safety signs.

In addition, the RP provides for appropriate shifting and relocation assistance to those getting severely affected or displaced by the Project.

Burkundha 12 community members

comprising of

Major issues raised by the participants in the village area which will be affected as a result of the subproject were:

The RP provide for compensation to all affected persons as per the “replacement cost”


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those affected • Consensus for the need for the Project

• Rate at which compensation will be paid for the affected assets and the compensation disbursal period

• The participants in the village shared that they would be self-relocating themselves as they have land available within the village for relocation

• Date of commencement of the project

• When will the grievances, if any, be addressed and by whom.

as well as grievance redress mechanism to address grievances.

Gopikandar 17 members comprising of

village Pradhan and those affected

Key issues discussed: • Community positive about the

Project and socio economic benefits that it will bring for them and the area

• Community raised need for adequate compensation at market rate was raised by the community

• Queries pertaining to timeline of the Project were raised

The RP provide for compensation to all affected persons as per the “replacement cost”

Gopaladih 20 community members

comprising of Pradhan and

villagers

In this section, in order to avoid impact on structures, realignment has been proposed outside the village passing through agriculture land. However, the community wants the existing road (passing through the village) to be widened under the Project. The reason given by them for the same is that their agricultural land has been acquired in the past as well by railways. They are now left with limited land and hence they would rather reconstruct their structures instead of losing out on their land which is their “livelihood source.” The community has, on this ground, refused to co-operate and participate in the survey. Hence survey in this village is still pending.

The census survey could not be undertaken in Gopaladih since the community in the village has reservations on the proposed alignment and hence proposing changes in the same. A series of consultations are planned in this village to explain the project design to the community along with the severity of impact that will be caused by the design being proposed by the community.

The key feedback derived from the consultations and discussions is enumerated below:

• Opinion on the Project Impacts: In the social assessment and the consultations undertaken in the subproject areas during resettlement, it was shown that the majority of the households were aware of the proposed improvements as a technical survey exploring the same was undertaken in the past. The local communities clearly expressed the need for the Project with 71% of the affected households supporting the subproject construction on grounds that it will benefit the


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local people in the long run. In terms of subproject benefits, a section of the community was of the opinion that the road improvement would augment traffic movement as well as development and employment opportunities in the area. However, due to the ensuing subproject impact on land acquisition and structures, the affected households were also apprehensive of the subproject.

• Compensation: Affected population in the subproject area expressed and

stressed on the need for adequate and fair compensated for the affected assets by the Government for their losses so that they can reconstruct their residential and commercial structures and re-establish their incomes and livelihoods;

• Feedback of Women: The FGD’s with women revealed that the Project would

augment the frequency and quality of transport services, thereby improving access of women to various services such as health care and higher levels of schooling and by and large women of various castes and communities on each of the subproject packages, expressed the need for the road construction. However, they raised some concern with regard to increased safety hazards for children and themselves due to road widening and upgradation.

• Impact on the Indigenous People: The consultations and assessment

undertaken during IPSA brought forth no adverse impacts of the Project on the tribal communities and groups. The resettlement survey also showed that no Scheduled Tribe household will be affected as a result of the subproject. Due to the presence of tribal populations in the subproject areas, necessary assessments of the status of and the development of indigenous people in the subproject area has been undertaken during the IPSA. The differential impacts on tribal communities living in the vicinity of road section have been assessed by means of the social assessment carried during Project preparation and are considered to be largely beneficial. The discussions undertaken with the IP groups clearly brought forth that the STs/indigenous households have similar characteristics to the overall population and are largely assimilated into the local mainstream communities. As a result the Project will not have any adverse differential impact on their socio-cultural aspects. The resettlement census survey brought forth that while the ST households, who constitute a significant proportion in the area, will be incur impact on their assets as a result of the Project, they are still positive and in agreement with the need for the Project largely due to the socio-economic benefits that the Project will lead to in the long run. A detailed analysis of the resettlement impacts on IP population has already been done in Chapter 4.

6.5. Disclosure of Resettlement Plan

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


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

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

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

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

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

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

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

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

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

meetings to inform the community about the payment and assistance paid to the community.

• In addition, regular update of the program and resettlement component of the

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

Grievance Redress Cell. • Lastly, EA through DIC will maintain an ongoing interaction with APs to identify

problems and undertake appropriate remedial measures.


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CHAPTER 7:

INSTITUTIONAL FRAMEWORK

7.1. Introduction

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

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

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

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

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

7.2. Executing Agency

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

7.3 Roles & responsibilities

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

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

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

⇒ Design and supervision of the subproject;

⇒ Ensuring availability of budget for R&R activities;


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⇒ Overall execution of the Project

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

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

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

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

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

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

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

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

7.3.3 Resettlement & Rehabilitation (R&R) Officer

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

• Ensuring subproject compliance with loan covenants;

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

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

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

• Participate in regular subproject meetings; and

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

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

7.3.3. District Level Task Force (DLTF)


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A District level Task Force chaired by District Collector and comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO), Executive Engineer and Additional District Magistrate and Relief Officer has been constituted at the each district level. The main objective of this DLTF will be to ensure inter-departmental coordination as well as ensure speedy resolution of issues and grievances of the communities.

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

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

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

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

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

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

Agency Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the DIC in order to build a good


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rapport with the affected community and facilitate satisfactory R&R of the APs. To overcome this deficiency, experienced and well-qualified NGO/R&R Implementation agency in this field will be engaged to assist the PIU in the effective, timely and efficient implementation of subproject RP.

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

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

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

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

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

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

representing vulnerable groups, demonstrable mandate to represent local groups.

Draft Terms of Reference for the NGO/ R&R Implementation agency are appended as Annexure 3.

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

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


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Figure 7.1: Institutional Arrangement

7.4. RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 year period likely to commence ??? months or so after loan approval. As part of advance actions

Asian Development Bank Government of India

Government of Jharkhand

RCD – Executing Agency Secretary (RCD)

Project Implementation Unit (PIU)

High Level Committee Headed by Chief Secretary or Development Commissioner

GRC

LA, Grievance Redressal & Information Officer

Independent M&E

Affected Person & Community

District Level Task Force (DLTF) at

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

Officer (DFO) • Executive Engineer • Addnl. District

Magistrate

Director (ADB Projects) Project Implementation Cell

(PIC)



NGO NGO GRC NGO GRC


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following loan negotiations, the EA will establish the DICs, appoint NGO/ R&R Implementation agency for resettlement implementation and establish GRC. Prior to implementation of resettlement and related activities an updation of AP list based on the final detailed design will be undertaken. Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances36 will be paid to all APs prior to commencement of civil works. Figure 7.2 below enumerates the RP implementation schedule.



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Figure 7.2: Implementation Schedule

YEAR 2007 YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011

PROJECT

COMPONENT & ACTIVITIES Q 3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

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

Census survey of the subproject (Completed)

Finalization of subproject design and RP disclosure

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

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

Submission of RP based on final detailed design

Review and approval of RP Information Campaign & Community Consultation

B. LA Activity & RP implementation

Publication of notification under the State LA Act - appointment of


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competent authority

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

Determination of Compensation & issue of award by competent authority

Payment of compensation for Land & structures

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

Internal Monitoring External Monitoring (intermittent)

D. Project Construction

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

CHAPTER 8

COST ESTIMATES & BUDGET

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

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

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

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

Rental accommodation: Project-affected families will further require assistance

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

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

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

o In case of Titleholders losing income through agriculture,

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

o In case of Titleholders losing income through business, Monthly

subsistence allowance equivalent to twenty-five days minimum

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


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agricultural wages38 per month for a period of one year from date of displacement.

o In case of squatters and vulnerable encroachers losing primary

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

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

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

Additional assistance for vulnerable households: Vulnerable41 affected person

will be given additional assistance of Rs.10,000 as lump sum. Based on this, Table 8.1 lays down the total estimated project budget for the subproject which is Rs. 188,929,276 (USD 4,498,316).

Table 8.1: Consolidated Resettlement budget & Cost Estimates

Item Unit Rates (in Rs.)

Total Quantity Compensation (in Rs.)

R&R Assistance42

(in Rs.) Total

(in Rs.)

A: Compensation for acquisition of Private Property

1 Agriculture Land Irrigated with 2 crops

137,880 1.34 Acres 1,84,759 147,807 332,566

2 Agriculture land Bari Class I

(Cultivable but unrrigated land) 86,075 104.45 Acres

8,990,534 7,192,427 16,182,961

3 Private Land Residential & commercial

137,880 14.33 1,975,820 1,580,656 3,556,477

Pucca/ Permanent 593/ sq. ft.

35,430 sq ft

21,009,990

Semi-Pucca 450/ sq ft 30779 sq ft 13,850,550

4

Residential structure

Kutcha 300 sq ft 85,226 sq. ft. 25,567,800

- 60,428,340

Pucca/ Permanent 593/ sq. ft. 6692 sq. ft. 3,968,356 5 Commercial

Semi-Pucca 450/ sq ft. 3569 sq. ft. 1,606,050

- 8,752,306

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


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Kutcha 300 sq ft. 10,593 sq. ft 3,177,900

Pucca/ Permanent 593/ sq. ft. 20,159 sq. ft. 11,954,287

Semi-Pucca 450/ sq ft. 7,461 sq. ft. 3,357,450

6 Residential cum commercial

Kutcha 300 sq ft. 15772 Sq. ft. 4,731,600

- 20,043,337

7 Other Asset In actuals 1923.72 Sq.ft - - 230,000

Fruit-bearing Rs. 5,000 per

tree 09 trees 45,000 - 45,000

Fuel wood & fodder

Rs. 500 per tree 01 tree 500 - 500

8 Trees

Furniture/ industry

Rs. 2,000 per tree 112 trees 224,000 - 224,000

9. Common Property Resources Lump sum 652,000 652,000

Sub-total Rs. 110,447,487

B: R&R Assistance

1. Transitional Allowance

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

22,750 / household 912 households - Rs. 20,748,000

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

45500 / household 50 households - Rs. 2,275,000

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

Rs. 27,300/

household 106 households45 - Rs. 2,893,800

43 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 44 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 45 Inclusive of 47 severely affected commercial structures and 59 severely affected Resi Cum Comm. Structures


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1.3. Squatters and vulnerable encroachers losing primary source of income [One-time financial assistance for transitional income support equivalent to one time payment of 60 days (2 months) of minimum wages46 as fixed by the govt.]

Rs. 5460/ household

66 households - Rs. 360,360

Affected households Rs.10,000 247 households47 - Rs. 2,470,000

2.Rental Assistance

Tenants Rs.10,000 months 44 tenants - Rs. 440,000

3. Shifting Assistance Rs.5000/ household 360 households48 - Rs. 1,800,000

4. Assistance to Vulnerable households

Rs.10,000/ household 1262 households - Rs. 12,620,000

5. Assistance to Employees [one time payment of 60 days (2 months) of minimum wages49 as fixed by the govt]

Rs. 5460/ household

58 employees - Rs. 316,680

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

Rs. 35,000 / household 69 households - Rs. 2,415,000

Sub Total - Rs. 46,338,840

C: Support implementation of RP

Independent Monitoring & Evaluation Agency Lump sum 1,000,000 per year

for three years - Rs. 3,000,000

NGOs Assistance for RP Implementation Lump sum 1, 500,000 per year for 3 years - Rs. 4,500,000

Sub-Total Rs. 7,500,000

TOTAL (in Rs.) of Part I, Part II & Part III Rs. 164,286,327

Contingency (15% of the total) Rs. 24,642,949

Grand total (in Rs.) Rs. 188,929,276

46 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 47 247 households comprise of a sum of 144 residential, 106 commercial and 66 Resi cum Comm severely affected households 48 Apart from the above 247 households, also includes 69 squatter families and 44 tenants. 49 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.


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(USD 4,498,316)

At the rate of 1 USD = Rs. 42 as on 17 Jun 08


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CHAPTER 9

MONITORING AND EVALUATION

9.1. Need for Monitoring

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

9.2. Monitoring at the EA Level

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

First Tier Monitoring: Internal Monitoring

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

Second Tier Monitoring: External or Independent Monitoring

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

To function effectively, the consultant/agency responsible for external monitoring will be independent of the governmental agencies involved in resettlement implementation. The consultant/agency will provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required. The external monitor will submit biannual review directly to ADB and the EA to determine the effectiveness of RP implementation. The monitoring consultant/agency will be selected within three months of loan approval by the EA with ADB concurrence. The


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monitoring will be carried out every year during the RP implementation. A sample Terms of Reference (TORS) to hire an external Monitoring & Evaluation Agency/ Consultant is enclosed as Annexure 4.

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

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

9.3. Stages of Monitoring

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

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

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

Conduct of baseline survey Consultations Identification of AP and the numbers Identification of different categories of APs and their entitlements Collection of gender disaggregated data Inventory & losses survey Asset inventory Entitlements Valuation of different assets Budgeting Information dissemination Institutional arrangements Implementation schedule review, budgets and line items expenditure

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


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

The key issue for monitoring will be:

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

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

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

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

Input and output indicators related to physical progress of the work will include items as: • Training of DIC, ROs and other staff completed • Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • NGO/R&R Implementation agency recruited and trained • Meeting of DLTF & GRC • Grievance redress procedures in-place & functioning • Compensation payments disbursed • Relocation of PAPs completed • Employment provided to PAPs • Community development activities completed • Community infrastructure repaired • Income restoration activities initiated • Extent of government land identified and allotted to the PAPs, if any


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• Monitoring and evaluation reports submitted

9.4. Reporting Requirements

Internal Monitoring

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

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

india: jharkhand state roads project · be established in ranchi. this pic will be headed by a...

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