Social Monitoring Report IND: North Eastern State Roads Investment Program Tranche 1 ·...

Social Monitoring Report Semestral Report April 2015

IND: North Eastern State Roads Investment

Program – Tranche 1

Assam

Prepared by the Assam Public Works Department for the Ministry of Development of North Eastern Region and the Asian Development Bank.

This social monitoring report 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. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

GOVERNMENT OF ASSAM

AS-37C AND AS-11

North Eastern State Roads Investment Program (NESRIP),

And MDONER

Funded by: ADB Loan No.2770-India.

Prepared and Submitted by: The Contractor: AECOM Asia Company Limited M/S BLA-SGCCL (JV) In Joint venture with Rodic Consultants Pvt. Ltd.

SEMI ANNUAL REPORT

ON LAND ACQUISITION AND RESETTLEMENT JULY TO DECEMBER 2014

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IIITTTEEEMMM PPPAAARRRTTTIIICCCUUULLLAAARRRSSS PPPAAAGGGEEE NNNOOO

1.0 Background of the Project Road and Scope 02

2.0 Background of the Project Road and Scope 02

3.0 General Information on the Project 03

4.0 Information on Loan 03

5.0 Implementation of the Resettlement Activities 04-05

6.0 Overview of Impact 05-06

7.0 Land Acquisition Notifications 07-08

88..00 Resettlement Impact 08-10

9.0 Capacity Building 11

10.0 Resettlement Staffing 11-12

11.0 Resettlement Staff of PWD 12

12.0 Other Information Related to Implementation of Resettlement Plan 13-17

13.0 Resettlement Issues 18-20

14.0 Compliance to National Laws and Policies (Policy and Legal Framework 20-21

15.0 Compensation and Assistance 21

16.0 Issues and Action Plan 21

17.0 Schedules for Completion of Land Acquisition, Resettlement and

Rehabilitation Activities: 22

18.0 Conclusions 22

SEMI ANNUAL REPORT

ON LAND ACQUISITION AND RESETTLEMENT

Page 1 of 22

ABBREVIATIONS:

ADB - Asian Development Bank

AFPRO - Action for Food Production

AP - Affected Person

APWD - Assam Public Works Department

ARO - Assistant Resettlement Officer

BPL - Below Poverty Line

BSR - Basic Schedule Rate

COI - Corridor of Impact

CPR - Common Property Resource

CSC - Construction Supervision Consultant

DC - District Collector

DPR - Detailed Project Report

EA - Executing Agency

GOI - Government of India

GOA - Government of Assam

GRC - Grievance Redressal Committee

IR - Income Restoration

LA - Land Acquisition

LAA - Land Acquisition Act

LVC - Land Valuation Committee

NESRIP - North East State Road Investment Program

NGO - Non- Government Organization

NRRP - National Rehabilitation and Resettlement Policy

NTH - Non- Titleholder

PH - Physically Handicapped

PIU - Project Implementation Unit

PWD - Public Works Department

R&R - Resettlement and Rehabilitation

RO - Resettlement Officer

ROW - Right of Way

RP - Resettlement Plan

SC - Scheduled Caste

SPS - Safeguard Policy Statement

ST - Scheduled Caste

TH - Titleholder

WHH - Women Headed Household

SEMI ANNUAL REPORT


Page 2 of 22

1.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE:

1.01 Name of the Road – Kalitakuchi to Barpeta (AS-37C)

The objective of the projects under NESRIP is to develop the road network and establish

improved road connectivity. The project road (AS-37C) between Kalitakuchi to Barpeta

(58.50km) is proposed for improvement and upgradation. It passes through three districts i.e.

Kamrup, Nalbari and Barpeta and connects Guwahati, the capital city of the state. The project

road is an intermediate bituminous road with length of about 58.5km and the carriageway

varies between 5.0 and 5,5 m. The road passes through the flood plain of Brahmaputra River.

It takes off at Kalitakuchi from the State Highway between Hajo and Nalbari and ends beyond

Barpeta enroute to Jania . The entire stretch passes through the densely populated area. The

proposed road improvement involves acquisition of land. Residential and commercial

structures, other assets, common property resources within the Corridor of Impact will also

be affected.

Figure 1:Location Map of AS-37C

2.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE :

2.01 Name of the Road – Bilasipara to Fakiragram (AS-11)

The Project Road AS-11 is a State Highway and is a part or a place of the corridor among

Kokrajhar, Fakiragram, Bilasipara and Dhubri. The corridor provides connectivity to the

thickly populated area in Lower Assam between Fakiragram and Bilasipara. Fakiragram is

connected by road network and railway and connected to Kokrajhar and beyond to

Bongaigaon at NH-31 whereas on the lower end, Bilasipara is connected to Dhubri, both at

NH-31 B. For all practical purposes, this Road Corridor is a link between NH-31 and NH-31B

through the interior lower Assam plain of the State.

The Project Road takes off from old NH-31 at Bilasipara. The road passes through plain

terrain having flat gradient. The horizontal geometrics of the Project Road are easy without

sharp and substandard curves. The embankment is low and almost entire length of the road

gets submerged every year during monsoon period resulting in erosion of shoulders and

disintegration of road pavement. The existing single lane road is now reduced up to 2 m width

SEMI ANNUAL REPORT


Page 3 of 22

and in some stretches; the crust has been washed away altogether. The road passes through a

number of villages enroute between Bilasipara and Fakiragram. Land use along the Project

Road is predominantly agricultural but with stretches passing through road side villages and

built-up areas. Total length of the Project Road as per design is 16.20 km.

Figure 2:Location Map of AS-11

3.0 GENERAL INFORMATION ON THE PROJECT:

3.01 Name of the Project: IND: North East State Roads Investment Program.

3.02 Location: (i) Kalitakuchi to Barpeta (AS-37C)

(ii) Bilasipara (NH-31) to Fakiragram (AS-11)

3.03 Total Length of the project road:

(i) Kalitakuchi to Barpeta (AS-37C) = 58.50 km

(ii) Bilasipara (NH-31) to Fakiragram (AS-11) = 16.20 km

3.04 Administrative Approval Value: 169.94 Crore

3.05 Component of the funds for the project:

- Government of India share: 150.76 crore

- State Share: 19.18 crore

4.0 INFORMATION ON LOAN:

4.01 Kalitakuchi to Barpeta (AS-37C) & Bilasipara (NH-31) to Fakiragram (AS-11)

- Loan number: ADB 2770- IND

- Signing Date: 10.12.2012

- Effective Date: 10.12.2012

- Name of the Borrower: Ministry of Development of North Eastern Region

- Name of the Employer: Assam Public Works Department

- Name of the Bank: Asian Development Bank

- Loan amount in various currencies equivalent to Indian Currency (Rupee):

169.94 crore

SEMI ANNUAL REPORT


Page 4 of 22

5.0 IMPLEMENTATION OF THE RESETTLEMENT ACTIVITIES

5.01 Handed over sections

Land free from encumbrance needs to be handed over to the contractor for fast and

speedy execution of civil works.

5.02 Process

An assessment is made of the ownership of the land based on the available revenue

records. Subsequently a survey is undertaken of the land to determine the extent of

impact. This appraisal is initiated with government land as it is less likely to have any

impact and thus easier to hand over. On appraisal if no impacts are found on any Title-

holder (TH) or Non-title holders (NTH) like encroachers or squatters, then it is deemed to

be free from encumbrances.

This is certified by the NGO engaged for implementation of the resettlement activities

followed by a further assessment by the CSC through its Land Acquisition and

Resettlement Specialist and then handed over to the contractor for initiation of

construction activities. Since there is no NGO available for the resettlement activities,

this activity is being done by the Resettlement Expert (RE) and further certified by

the Resettlement Officer (RO) of the PWD.

The land is formally handed over to the contractor by the PWD. This methodology

has been followed when handing over the stretches mentioned ahead.

5.03 Encumbrance Free Sections of AS- 37C:

The PWD has handed over a length of km 8.240 in this reporting period. Thus

handing over a total of 36.069 Km of encumbrance free land to the contractor by

13/10/2014, vide letter no. CSC/BLA/SGCCL/2014/0749. This followed a process of

proper verification/ certification by the NGO and then the CSC.

This is in addition to the 27.92 Km already handed over till June 2014.

Table: 1, Details of Land Handed Over to Contractor

Sl. No. Chainage Length

From (Km) To (Km) Meter

1. 7+120 7+125 5

2. 8+190 8+400 210

3. 9+550 9+600 50

4. 11+060 11+160 100

5. 15+500 15+930 430

6. 16+400 17+200 800

7. 18+650 19+180 530

8. 20+630 20+720 90

9. 28+660 28+700 40

10. 30+790 34+780 3990

11. 34+790 35+000 210

12. 35+570 35+900 330

13. 36+550 36+880 330

SEMI ANNUAL REPORT


Page 5 of 22

14. 37+220 37+350 130

15. 40+600 40+640 40

16. 41+480 41+580 100

17. 42+500 42+600 100

18. 43+200 43+950 750

19. 44+750 44+980 230

20. 45+450 45+950 500

21. 46+800 46+900 100

22. 51+110 51+210 100

23. 52+930 53+800 870

Say 10.035 Km 10035 Meter

1. 8+3190 8+365 175

2. 16+450 16+470 20

3. 31+028 31+118 90

4. 31+930 32+260 330

5. 33+085 33+140 55

6. 33+530 33+700 170

7. 34+560 34+780 220

8. 34+790 35+000 210

9. 35+570 35+595 25

10. 41+480 41+530 50

11. 43+910 43+950 40

12. 44+750 44+830 80

13. 45+450 45+680 230

14. 51+110 51+210 100

Say: 1.795 KM 1795 Meter

Total = (A - B) 8240 Meter, 8.240km

Further stretches are being identified by the resettlement team that can be handed

over to the contractor during the course of the verification survey.

5.04 Encumbrance free sections of AS-11

This sub project does not entail any LA and a preliminary assessment has shown that there

are no resettlement impacts on any NTH or CPRs. There is ample road width available for

construction. The entire stretch has been handed over to the contractor. The expected date

of completion is March 2015.

No RP has been prepared for this sub project.

6.0 OVERVIEW OF IMPACT

6.01 Land Acquisition Impact

As per the data in the RP prepared for AS-37C, Land Acquisition was proposed for 45.60

ha and transfer of government land of 0.17 ha. Current data shows that the quantum of

private land acquisition has been reduced to 29.74 ha and government land transfer

requirement is now 11.55 ha. These details are being updated as and when the land

acquisition proposals get finalised by the respective District Collectors. Further details of

land acquisition are given in the following table:

SE

MI A

NN

UA

L R

EP

OR

T

ON

LA

ND

AC

QU

ISIT

ION

AN

D R

ES

ET

TL

EM

EN

T

Pa

ge

6 o

f 22

Tab

le: 2, D

etails o

f La

nd

Acq

uisitio

n

District

Total road length

(KM)

Road Length handed

over to contractor

(KM)

No of LA cases

Patta L

and

Length of LA

required over existing

road (KM)

Govt. lan

d

(Req

uired

transfer to

PW

D)

No of cases of 6 (I)

Declaration made

Average rate of land

per Bigha

LA Estimate Amount

(Rs in crores)

Amount already paid

(Rs in crore)

Balance to be paid

(Rs in crore)

Length of Road for

RR Required

Ready for handed

over

Statu

s of A

ward

List

Remarks

B- K- L

Hact.

Length

(KM)

B- K- L

Hact.

Length

(KM)

Submitted

Approved

Kamrup

(R)

7.12

0.00

5

100-02-09

13.46

7.12

7.12

19-04-08

2.66

Nil

5

3.60L

15.77

Nil

15.77

For Nalbari distprocess for 6 (I)

declaration is under process.

Declaration for case no.

2.5,9,10,12/2011 made.

Nalbari

23.67

16.170

12

99-00-5.5

13.25

8.26

5.247

66-03-02

8.89

Nil

5

0.79L

10.06

6.91

3.15

0.50

Barpeta

27.71

19.989

8

22-03-1.5

3.03

3.14

0.00

00-00-00

0.00

Nil

8

1.49L

5.19

4.15

1.04

1.959

1.362

4 (case no

3,7,8,14/

2012- 13)

1 (case no

3/ 2012-

13)

58.50

36.159

25

222-00-16

29.74

18.520

12.367

86-02-10

11.55

18

31.02

11.06

19.96

2.459

1.362

4

1

Data

as p

er DP

R

45.60

0.17

SEMI ANNUAL REPORT


Page 7 of 22

7.0 LAND ACQUISITION NOTIFICATIONS

The land acquisition proposals upto Section 6 (i) has been finalized for all three districts of

Kamrup, Nalbari and Barpeta. The validity period of these notifications under section 6(i) is

two years from the date of publication. The processes under Sections 9 to 11 are to be

completed within the next two years (Refer clause no. 11 A of the LA Act 1894). Hence if

this process is not completed within these two years, the entire proceedings of the land

acquisition will lapse. The validity period of these LA proposals of AS37C is upto 2016.

The Section 9 of the LA Act, 1894 refers to the “Notice to persons interested”, Section 10 is the “Power to require and enforce the making of statements as to names and interests” while

Section 11 refers to the “Enquiry and Award by collector” or the Final award. The Land Acquisition Notifications finalized till December 2014 are as follows:

Table: 3, Status of Land Acquisition Notifications and validity

Sl.

No.

Name of

District

LA Case

No

Section 4 (I)

Notification

Dates

Section 6(i)

Notifications

Validity of Section

6(i) Notifications

1 Kamrup (Rural) 4/- 2012

30/12/2013

22.12.2014

21.12.2016

Kamrup (Rural) 5/- 2012

Kamrup (Rural) 6/- 2012 23.12.2014

22.12.2016 Kamrup (Rural) 7/- 2012

Kamrup (Rural) 8/- 2012

2 Nalbari 1/- 2011 28/05/2013

2/- 2011 29/04/2013 26.12.2014 24.12.2016

3/- 2011 28/05/2013

4/- 2011 28/05/2013

5/- 2011 28/05/2013

6/- 2011 28/05/2013

7/- 2011 28/05/2013

8/- 2011 28/05/2013

9/ - 2011 28/05/2013 26.12.2014 24.12.2016

10/- 2011 24/04/2013

11/- 2011 28/05/2013

12/-2011 28/05/2013

3 Barpeta 3/-2012 26/06/2013 29.05.2014 28.05.2016

28.05.2016

28.05.2016

28.05.2016

28.05.2016

28.05.2016

28.05.2016

28.05.2016

4/-2012 26/06/2013 29.05.2014

6/-2012 08/12/2013 29.05.2014

7/-2012 26/06/2013 29.05.2014

8/-2012 26/06/2013 29.05.2014

9/-2012 26/06/2013 29.05.2014

10/-2012 26/06/2013 29.05.2014

14/-2012 26/06/2013 29.05.2014

SEMI ANNUAL REPORT


Page 8 of 22

The details of the validity period of the section 6(1) notifications in the three districts is

given in the following Table 2. If the Final award is not declared within the next two

years of the publication then the entire process will lapse and will have to be redone as

per Section 11A of the Land Acquisition Act, 1894 as follows:

“11A. Period shall be which an award within made. - The Collector shall make an award

under section 11 within a period of two years from the date of the publication of the

declaration and if no award is made within that period, the entire proceeding for the

acquisition of the land shall lapse:

Provided that in a case where the said declaration has been published before the

commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the award

shall be made within a period of two years from such commencement.

Explanation - In computing the period of two years referred to in this section, the period

during which any action or proceeding to be taken in pursuance of the said declaration is

stayed by an order of a Court shall be excluded.”

8.0 RESETTLEMENT IMPACT

The resettlement and rehabilitation framework of the project have been evolved from the

ADB’s SPS, 2009, relevant national, state and departmental policies. The implementation of

the R & R Provisions of the project is governed by this framework developed.

As per the RP there are a total number of 1529 affected households in the three districts

of Kamrup, Nalbari and Barpeta.

Table: 4, Number of Displaced households and Project Affected Persons

District Families DPs

Nalbari 516 2274

Barpeta 662 2442

TOTAL 1178 4716

Source: Consultant Field Team, 2008-09

The NGO during this reporting period did not do any verification and was terminated

in August 2014. The PWD team started it’s verification exercise from September.

Survey work to ascertain the extent of impact has been undertaken by the Resettlement

team in the districts of Nalbari and Barpeta. This assessment was done to evaluate the

impact on the NTHs –both squatters and encroachers as well as the impact on the CPRs

on government land only. The verification exercise for patta land/private land will be

done once the award list is finalized.

Table: 5, Details of Squatters, Encroachers and CPRs (district wise)

Sl.

No District

Total no of

Squatters

Total no of

Encroachers Total CPRs TOTAL

1 Barpeta 36 29 65 09 74

2 Nalbari 02 31 33 01 34

TOTAL 38 60 98 10 108

SEMI ANNUAL REPORT


Page 9 of 22

The Survey team undertook the verification exercise for only Nalbari and Barpeta districts as

there is no government land is available in Kamrup district. The total length verified in the two

districts of Nalbari and Barpeta is 4.092 Km.

The Survey/Resettlement team of the PWD has verified 117 structures so far and on further

verification it has been ascertained that only 108 structures will be impacted. These include 38

HHs that are classed under squatters while 60 HHs are classed as being Encroachers. There are

4 HHs that are categorized as vulnerable encroachers in Barpeta. These 4 HHs are vulnerable

on account of being WHHs.

There are 10 CPRs that are likely to be impacted. The verification process is ongoing and is

expected to be completed by end of January 2015

Table: 6, Implementation Status of Key Activities

Activity Current Status Date/ Period

Development of

checklist for joint

verification

Completed 30TH

November 2014

Verification of

titleholders

Only 450 APs have been identified* -

Verification of non-

titleholders

Ongoing 31st January 2015

Verification and joint

measurement survey

Ongoing 31st January 2015

Preparation of the

updated list of

Affected Persons

Ongoing 31st March 2015 for the

NTHs

Calculation of

replacement cost of

land

Ongoing.

The calculation as per the requirements of

the Section 6(i) of the LA Act of 1894 for

all three districts is completed and

published. Revisions are being made to

update the calculations as per the new Act.

The state government has directed it’s District Collectors to do so at the earliest.

6(i) completed for all three

districts by 30th December

2014

Marking and valuation

of affected structures

Ongoing expected to be

completed by February

2015 for NTHs .

Calculation of

replacement value of

affected structure

Completed for THs by 30th

December 2014

Information

dissemination and

distribution of R&R

policy

Information Dissemination is an ongoing

process.

The EM is distributed

The Translated EM was

distributed on site vide

meetings held with the

community from 5.01.2013

to 23.01.2013

The translated EM has also

been uploaded on website

of Assam PWD.

The RP for AS-37C is also

uploaded on the APWD

Website.

SEMI ANNUAL REPORT


Page 10 of 22

Preparation of Micro-

Plan

In preparation by the PWD resettlement

team

The Micro-plan for NTHs

will be completed by 15th

March 2015

Distribution of

Identity Cards

Approved by PD and sent by RO for

printing.

December 2014

Disbursal of R&R

assistance

Yet to be done -

Training and needs

assessment of the APs

for income restoration

Yet to be done -

Consultation with

Affected Persons

In progress -

Public Consultation 20 formal meetings were conducted in

this period. A number of informal

meetings and one to one meetings have

also been undertaken but are not

recorded.

July- December, 2014

* As stated by the NGO in it’s reports which was negated during joint verification with PWD

8.01 Relocation of Common Property Resources (CPRs)

As per the data in the RP, it was assessed that approximately 152 Common Property Resources

(CPRs) including Government properties are likely to be impacted. Once the NGO was

terminated in August 2014, the PWD team took over the assessment of the impact on site.

Current evaluation by the resettlement team of the PWD finalized an impact on 10 CPRs. This

included 09 in the Barpeta district and one in Nalbari district.

The Impact on the Masjid at Adabari village, Nalbari district at chainage 8+318 km to 8+345

km is still a matter of concern and hence a number of consultation meetings have been

organized at this location from time to time by the IA (APWD) along with the CSC and the

resettlement team of the PWD. The masjid committee members along with the local community

was consulted on the way forward to ensure that the impact on the main structure is minimised.

The consultation meetings with the community came up with the following queries:

a) As the requirement of widening is more for improvement of the curve as explained by the

PWD team, the locals requested for minimising the requirement of land which was explained

to them that only whatever was necessary would be undertaken.

b) The locals also requested if the drains could be taken under the structure to which the PWD

personnel informed them that it was not possible, but care would be taken to reduce the width.

c) The community requested that as the structure has been constructed with the contribution of

the poor and the marginalized people and a lot of religious sentiment is attached to it, hence

care should be taken to minimise the impact on the main structure.

For this reason, it was concluded that work at this locale would not be undertaken till a

unanimous opinion based on technical and social feasibility is concluded by all the

stakeholders involved.

SEMI ANNUAL REPORT


Page 11 of 22

9.0 CAPACITY BUILDING

9.01 Training of the Resettlement Staff of the PWD

The capacity building of the Resettlement Staff of the PWD is very crucial for the successful

implementation of the resettlement activities and hence intensive training capsules on the

processes is required. This is especially very important as this group has been involved in

resettlement and rehabilitation activities for the first time. This group was trained on the

methodology of undertaking a census survey and the process of verification of impacts. These

class room trainings were followed up with on site assessments. The site assessments have

helped the field team to operationalize and create a better understanding of the information

gathered.

The land acquisition and Resettlement specialist of the CSC, Dr. Sharmila Singh has been

providing on site and class room trainings to the stakeholders involved in the implementation

of the project.

A number of class room trainings followed up by on site demonstration with the two NGOs

along with the resettlement staff of the state PWD have been organised.

9.02 Details of Training

30th

October 2014, a training programme was organized at the CSC related to NGO activities

for the survey team from the PIU at the CSC office.

1st November 2014, a training programme was organized related to NGO Activities for the

Survey team from the PIU at the CSC office.

3rd

November 2014, a training programme was conducted at the CSC related to NGO

Activities for the survey team from the PIU at the CSC office.

10.0 RESETTLEMENT STAFFING

The PIU has its own Resettlement Unit with at least one full time Resettlement Officer for the

duration of resettlement activities. The PIU has also appointed a Resettlement Expert assist the

PIU in Resettlement activities. The NGO and the CSC’s staff form part of the setup.

10.01 NGO appointment:

AFPRO was appointed on 8

th November, 2012 vide Letter No. CE/NEC/ADB/140/12-13/1 to

assist PIU in RP implementation but the resettlement activities could not be fully implemented

due to unsatisfactory performance of it and also due to non- disbursement of fund to the agency.

It withdrew it’s services on 4th

December, 2013 vide Letter No. ATFG/NESRIP/13- 14/62.

SAI International Sansthan, engaged on 17th

January 2014 vide Letter No.

CE/NEC/ADB/140/12- 13/61, who probably needs support and guidance in implementing the

resettlement activities.

10.02 Termination of NGO

Since the NGO unable to undertake the RP Implementation activities as per the work plan, SAI

International Sansthan was terminated on 28th

August 2014, vide Letter No.

CE/NEC/ADB/140/12- 13/ pt- 1/21.

SEMI ANNUAL REPORT


Page 12 of 22

10.03 Survey Activities by the Designated Resettlement Team of the PWD

The Resettlement team which was appointed by the PWD began the verification exercise from

26.09.2014 at the Barpeta district at villages Khongra, Kukarpar, Garemari, Mazdia, Bhella,

Nagaon, Barbila, Garemari. This team went through an intensive training on the methodology

of undertaking a Detailed Measurement survey, the tool for collecting the data, the assessment

of impact and the classification of impact based on the ownership and usage. The team was

further trained on the need for community consultation and the methodology of undertaking

community consultation individually as well as in a group. The need for sensitivity to the needs

of the people losing their assets irrespective of the ownership. The team was also sensitised on

some terminologies like Replacement Cost, Title Holders and Non Titleholders, Entitlement

Matrix etc. These trainings were a mix of classroom as well onsite capacity building sessions.

20 Consultation meetings were organized by the PIU survey team and a proper documentation

has been done for the same. The consultation meetings that were organised raised queries on

assessment of impact , compensation calculation and the scheduling of the compensation

payment. Queries were also raised on the methodology of raising a grievance and the

functioning of the GRC.

11.0 RESETTLEMENT STAFF OF PWD

11.01 Appointment of Resettlement Officers (ROs)

The state PWD has identified relavent staff for successful implementation of the resettlement

plan and its related activities. For this a designated Resettlement Officer has been identified and

is notified. He will be the link between the NGO, PWD and the CSC.

Mr. Mazibur Rahman, Asstt. Executive Engineer, PWD Guwahati NEC Sub- Division who

has been appointed as the new Resettlement Officer for NESRIP Project (Tranche- I Road) on

25.03.2014, with vide Letter No: CE/NEC/ADB/31/11- 12/ Pt- I/14. Due to his workload a

new RO, Mr Diganta Gogoi has been appointed to succeed him.

Mr. Diganta Gogoi, Asstt. Engineer, PWD Guwahati NEC Division has been appointed as the

new Resettlement Officer for NESRIP Project (Tranche- I Road) on 19.12.2014, with vide

Letter No. CE/NEC/ADB/31/11- 12/Pt- I/20

11.02 Appointment of Assistant Resettlement Officers (AROs)

Mr. Ataur Rahman was appointed as (Social Safeguard) Land Acquisition Specialist for PIU

on 26/11/2012 vide Letter No. CE/NEC/1/92/pt-1/ 138. This was so done to facilitate the

activities related to Land acquisition. The Assistant Resettlement Officers were appointed

on 20.10.2014, vide Letter No. SE/NEC/Tech/261/Pt- II/1607-18. These officers along with

the the assistant field staff were designated to undertake the resettlement activities along

with the assistance of the Resettlement expert of the CSC. The assistant field staff were

appointed on 09.09.2014, vide Letter No. EE/NEC/TB- 301/2729- 36.

The department has also been trying to identify resources from the revenue department

who could be hired for facilitating the land acquisition process for the project.

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11.03 Appointment of Resettlement Expert (RE)

Ms. Pallavi Mudoi was hired for an initial 6 months from March, Vide Letter No.

CE/NESRIP/ADB/190/13- 14/9, dated: 01/03/2014. An extension of 6 months has been

requested upto March, 2015 The approval is awaited

11.04 Social Experts of the CSC

The CSC has two social experts namely the a) Land Acquisition and Resettlement

Specialist and b) the Socio Economic Impact Monitoring specialist.

The LA and R&R expert works in close coordination with the PWD team of resettlement and

Land acquisition as well as of the NGO and assists them on all such matters thereof. The role of

the specialist is to assist and provide guidance to the NGO and state PWD on matters related to

resettlement and land acquisition.

The socio economic monitoring specialist looks after all social impact planning and monitoring.

She works as the internal monitor for the project assessing the extent of socio economic impacts

of the project on the lives of people.

12.0. OTHER INFORMATION RELATED TO IMPLEMENTATION OF

RESETTLEMENT PLAN

12.01 Functioning of GRC

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 displaced

population. However, need also exists for an efficient grievance redressal mechanism that will

assist the APs in resolving queries and complaints. Therefore, formation of Grievance

Redressal Committee (GRC) will be most important for grievance redressal and it is

anticipated that most, if not all grievances, would be settled by the GRC. The GRCs are

expected to resolve the grievances of the eligible persons within a stipulated time. The

decision of the GRCs is binding, unless vacated by court of law.

The Grievance Redressal Committee (GRC) has been notified constituted at PIU level in

order to assist the Displaced Persons (DPs) in resolving queries and complaints. The

GRC has been notified with vide GO dated GO No. NEC. 12/2013/10 on 25th

July, 2013.

The committee comprises PD, RO, representative from local NGOs, elected representative

from Zila Parishad, representatives of Displaced Persons (DPs) including vulnerable groups

and women in the committee. The GRC will meet at least once in three weeks to resolve the

pending grievances, if any.

Apart from setting up of the GRC , Grievance registers have been placed at the circle offices

of the PWD for recording any complaint from the public.

The first GRC meeting was held at the Mukalmua PWD Inspection Bungalow on 16th

September 2014. This meeting was presided over by the Project Director, Mr. B.K. Das

and attended by other senior officers from PWD. This meeting was attended by local

people from all three districts of Kamrup, Nalbari and Barpeta. The main concerns

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raised during the meeting was on the road safety issues,land acquisition and

compensation. The specific queries raised were as follows:

Representatives from Kamrup district expressed their concern about land acquisition

processes and the compensation due to them.

Specific concerns were raised about road safety issues on sections where construction

was ongoing. Apprehension was also expressed regarding the enhanced air pollution due

to the minimal use of water sprinklers.

Questions related to the methodology of minimisation of Impact on CPRs especially

those that were of religious importance were raised.

The process of determination the compensation amount of different types of impact was

inquired about.

The PD , Mr. BK Das; Executive Engineer, Mr. Ratul Bora replied to queries and told

the assembled public that their concerns would be addressed as far as possible and in

case their apprehensions were not addressed, they could give written applications to

them directly. They also informed that grievance registers are kept at each circle office

and people could register their complaints there too.

Photographs attached as Annexure –I.

12.02 Functioning of LVC

A Land Valuation Committee (LVC) will be established headed by a senior officer from the

land revenue department at state/ district level and include representatives from department

of agriculture, forest, horticulture, representatives from the Zilla Parishad, local panchayats of

Displaced Persons, independent valuer engaged by EA, local NGO representatives and RO/

representative from the PIU. This committee will not operate for full time and will be

functional at the time of finalization of RP budgets and during land acquisition. Land

valuation committee for all three districts have been established as follows:

LVC Notification for Kamrup was notified on vide Letter no: NEC/12/2013/7 dated 17th

July 2013, The LVC Notification for Nalbari was notified on vide Letter no:

NEC/12/2013/9 dated 17th

July 2013 and the LVC Notification for Barpeta was notified

on vide Letter no: NEC/12/2013/8 dated 17th July 2013.

12.03 LVC Functioning

These LVCs have been meeting every month and are instrumental in finalisation of the

RP budgets in each of these three districts. Representation from different line

departments like horticulture, fisheries, agriculture etc along with the revenue and the

PWD.

12.04 Stakeholder Consultations

Stakeholders may be defined as groups or categories of people who directly and demonstrably

gain or lose rights and/or resources through development operations, and this includes

government agencies, nongovernmental organizations and donor organizations. Stakeholders

have a substantial and normally a material interest in the outcome of a decision or operation

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(see Drake 1989). Groups or individual stakeholders can be determined by a number of

criteria (e.g. by class, gender, ethnicity, race, age, occupation, etc.).

A necessary condition for successful community consultation is sound stakeholder analysis,

in order to identify and understand the subgroups within the population to be consulted,

relations of power among these subgroups, and the extent to which community organizations

represent all interest groups.

Consultations were organized at different locations along the project stretch to gauge the local

sentiment of those likely to be impacted. Information collected during consultation has been

shared with environmental and technical team. Suggestion obtained from people and their

representatives have been analyzed based on technical and economic merits.

Final decisions of engineering design team on alternative alignments, location of pedestrian

crossing, location of enhancement of community properties will be conveyed to the people.

Wherever possible PAPs suggestion would be incorporated final design.

The resettlement team of the PWD is undertaking intensive consultation meetings with

the affected families as well as with the affected population in general. These

consultation seesions were done on both individual level as well as in groups.

Major findings related to key issues such as: land acquisition, compensation for land and

structures, alternative alignments, general perception about the project, suggestions to

mitigate hardships resulting from dislocation and loss of livelihood, resettlement options,

perception about HIV/AIDS awareness, CPR requirement etc. are presented with highlights of

important consultations are mentioned in table below.

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Table :7, Details of Consultation

Sl.

No.

Location (Location

and Date)

Participants Chainages Discussions

1. Bhella Village in

Barpeta District.

Date: 27/11/2014

Shopkeepers and

common Villagers-

A total of 11

participants.

Km 48+403 to Km

48+440 Issues:

1. When will they get the compensation.

2. When will the construction of the road start.

Suggestions/ Feedback: 1. The compensation will be given to the affected families after the

preparation of Micro plan.

2. The construction is going on the handed over stretches. On acquired

land the construction will start once the award list is finalized.

2. Kukarpar village in

Barpeta District.

Date: 28/11/2014

Common Villagers-

A total of 12

participants.

Km 33+520 to Km

33+643

Issues: 1. The public raised the question whether their house will be

demolished first or will they get the compensation first.

2. The public wanted to understand what is the difference between

the words “Squatter” and “Encroacher”. 3. Some people wanted to know about what they can do if they have

some problem during the construction of the road.

Suggestions/ Feedback: 1. The affected families will get the compensation first.

2. The people were provided a copy of the translated EM which also

gives the definition of the Squatters and encroachers.

3. The mechanism of the GRC was explained to the public and were

told of the registers that are kept at the circle officers of the PWD.

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3. Barbila village in

Barpeta District.

Date: 01/12/2014

Common villagers-

A total of 7

participants.

Km 45+485 to Km

45+556 Issues:

1. The public raised the question whether they are going to get any

extra benefit other then the compensation.

2. Another question which was raised by the public was whether they

will get the Zirat or not.

Suggestions/ Feedback:

1. The affected families were told about the skill development training

given in the Entitlement Matrix for the eligible persons. These

trainings shall be imparted as per the government sponsored

programmes.

2. The people were provided a copy of the translated EM so that they

are aware of the entitlements due to them as per impact.

3. The public was made aware that they will not get the Zirat if they

are on/ residing/ occupying government land.

4. Mazdia village in

Barpeta District.

Date: 03/12/2014

Common villagers

residing in the

vicinity of the

Masjid- A total of 8

participants.

Km 31+973 to Km

31+993

Issues:

1. When will they get the compensation.

Suggestions/ Feedback:

1. The compensation will be given to the affected families after the

preparation of Micro plan.

5. Khongra village in

Barpeta District.

Date: 04/12/2014

Shopkeepers and

common villagers-

A total of 8

participants.

Km 34+762 to Km

34+798

No questions/ Problems were raised by the villagers from this chainage.

6. Khongra village in

Barpeta District.

Date: 04/12/2014

Common villagers-

A total of 6

participants.

Km 35+565 to Km

35+592 Issues:

1. The public was whether they will get the Zirat or not.

Suggestions and Feedback:

1. The public was made aware that they will not get the Zirat if they

are on/ residing/ occupying government land.

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13.00 RESETTLEMENT ISSUES

13.01 NGO

AFPRO and SAI International Sansthan

(i) Lack of Capacity of the NGO’s appointed

The NGO (AFPRO) was engaged by Executing Agency on 8th

November, 2012 vide Letter

No. CE/NEC/ADB/140/12-13/1 to assist PIU in RP implementation but the resettlement

activities could not be fully implemented due to unsatisfactory performance of it and also due

to non- disbursement of fund to the agency. So it has already withdrawn its activity. The CSC

is working closely with the newly appointed NGO, SAI International Sansthan, engaged on

17th

January 2014 vide Letter No. CE/NEC/ADB/140/12- 13/61, who probably needs

support and guidance in implementing the resettlement activities.

On site visit and meeting with the team of investigators from the NGO, it was found that they

understand their work and are eager to render the best service at their level. These local young

men (some are students) need proper guidance for the work. They conveyed that they are not

paid for the last three months; for carrying out the work they have paid from their own pocket,

they do not have a camera for using at the site. Now it has become difficult for them to

continue the job properly. Hence, it is advised that the KPs of the NGO be deployed at the

site immediately so that work can be executed under their expert guidance.

Coordination meetings have also being organized(30th

April, 2014 and 20th

May2014) so

that all three partners work with the same understanding and are able to resolve issues

faced at site.

Due to the failure of the NGO to undertake work effectively it was terminated

13.02 Termination of NGO and establishment of a new Institutional set up for

implementation of RP

Due to the incapacity and inability to effectively undertake the RP Implementation activities

as per the work plan, SAI International Sansthan was terminated on 28th

August 2014, vide

Letter No. CE/NEC/ADB/140/12- 13/ pt- 1/21. This was preceeded by written

communication by the PWD to the NGO asking them to ensure the mobilisation of it’s KPs on site as the site team was too junior and inexperienced to handle the site activities of such

sensitive nature. The PWD also asked the NGO to submit the reports regularly which was not

happening. Also the EE and the SE during their site visits did not find the site team of the

NGO and hence pointed out this to the TL of the NGO. Coordination meetings were also held

with the CSC and contractor staff to help iron out problems, but inspite of these efforts the

NGO failed to complete the tasks assigned and was terminated as the last resort.

An approval to terminate the NGO and undertake the implementation of resettlement through

designated officers from within the PWD was sought from the ADB, which was received

from ADB on 22.08.2012. Sub-sequentially a team from PWD was nominated to undertake

the resettlement activities with the assistance of the Land acquisition and Resettlement

specialist of the CSC, Dr. Sharmila Singh. This team has been functional from September

2014.

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13.03 New Land Acquisition Act: Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013

The new act has been enacted with the aim to ensure in consultation with the institutions of

local governance a humane, participative and informed process of land acquisition and help

make the affected persons become partners in development. Subsequently leading to an

enhancement of their social and economic status.

In the new act there has been a paradigm shift in the way the process of land acquisition and

the means of calculating the compensation amounts is to be addressed. A majority of the

people are not aware of the processes and methodologies required to be undertaken for

implementing the new act. There is a lack of understanding on the applicability of the new act

on the proposals that were initiated before December 31st 2013 under the old LA Act of 1894.

The section 24 needs further clarification and hence it is advised that capacity building on the

process of the new Land acquisition Act should be undertaken at the earliest.

Also the estimates for compensation will have to be revised as per the provisions of the

new act which has come into being from 1st January 2014.

Meetings were organised to understand the reasons for delay in the section 6(i)

notifications with the district collectors of Nalbari and Kamrup. These one to one

meetings with the DCs and their teams helped expedite the publication of the Land

acquisition proposals.

13.04 Claim Resolving

(i) No claims have been raised as Land acquisition is progress. The final award list is yet to be

prepared. The survey for the NTH is underway and the report to be prepared is in process.

(ii) The compensation amount for land acquisition has been deposited to the concerned DC’s for both Nalbari and Barpeta Districts. The estimates of Kamrup disrtict is still being finalized.

As per the RP, the estimated budget was Rs.37.24 crores for all LA and R&R activities but

the amount required for covering the land acquisition costs for just the two districts of Nalbari

and Barpeta is Rs. 15.06 crores. This amount is far more than what was estimated in the RP.

Also there will be an additional requirement as per the calculations as per the New Land

Acquisition Act i.e. The Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

Table: 8, District wise breakup of the compensation amount with dates

District Amount Date

Kamrup (Rural) 157703765.00 31/03/2014

Nalbari 100543354.00 31/03/2014

Barpeta 51878549.00 31/03/2014

TOTAL 11,05,78,547.00

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A total amount of Rs. 15.06 crores is required currently to cover the land acquisition costs for

the two districts of Nalbari and Barpeta. There is a shortfall of Rs. 4 crores (Rupees Four

crores) that will be required to cover the land acquisition costs of the two districts. The

compensation amount for land acquisition for Kamrup is still to be deposited as the

assessment for the district is not yet been finalized. An additional amount will also be

required to cover the R&R Assistance. This amount can be finalized once the survey of the

affected persons is complete. The final sum can be ascertained once the processes are

complete.

13.05 Resettlement Monitoring

The Project implementation will closely be monitored to provide the PIU with an effective

basis for assessing resettlement issues, if any. The extent of monitoring activities, including

their scope and productivity, will be commensurate with risks and impacts of the subprojects.

Monitoring will involve: (i) administrative monitoring to ensure timely implementation and

problem solving; (ii) socioeconomic monitoring during and after any resettlement impact

utilizing baseline information established through the socioeconomic survey of Displaced

Persons (DPs) undertaken during subproject preparation; and (iii) overall monitoring to asses

Displaced Persons (DPs) status. The EA is required to implement safeguard measures and

relevant safeguard plans, as provided in the legal agreements, and to submit periodic

monitoring reports on their implementation performance.

ADB will require the EA to:

Establish and maintain procedures to monitor the progress of implementation of safeguard

plans

Verify compliance with safeguard measures and their progress toward intended outcomes

Document and disclose monitoring results and identify necessary corrective and preventive

actions in the periodic monitoring reports

Follow up on these actions to ensure progress toward the desired outcomes

Retain qualified and experienced external expert to verify monitoring information for projects

with significant impacts and risks

Submit periodic monitoring reports on safeguard measures as agreed with ADB.

The PIU monitoring will include daily planning, implementation, feedback and

troubleshooting, maintenance of individual file for each AP, community relationships, dates

for consultations, number of appeals placed and progress reports. The PIU will provide

monitoring report to ADB on a semi annual basis. Additionally, ADB will monitor projects

on an ongoing basis until a project completion report is issued.

14.0 COMPLIANCE TO NATIONAL LAWS AND POLICIES (POLICY AND LEGAL

FRAMEWORK)

The policy framework and entitlements for the program are based on following laws:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013

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The Land Acquisition Act, 1894 (amended in 1984)

The National Resettlement and Rehabilitation Policy (NRRP), 2007

The State Land Acquisition (LA) Act

The entitlement benefits as listed in the National R&R Policy, (Government of India) 2007

and the Assam State Roads Resettlement & Rehabilitation Policy, 2004.

Asian Development Bank’s (ADB) Safeguards Policy Statement (SPS, 2009).

15.0 COMPENSATION AND ASSISTANCE

In accordance with the involuntary resettlement principles set forth above, the identified

affected persons will be entitled to a combination of compensation packages and resettlement

assistance depending on the of ownership rights on lost assets, and scope of the impacts

including socioeconomic vulnerability of the affected persons and measures to support

livelihood restoration if livelihood impacts are envisaged. The original amount as envisaged

in the RP for land acquisition and resettlement was 37.24 crores but will now have to be

revised as per the fresh estimates.

16.0 ISSUES AND ACTION PLAN

Design modification of the Road alignment is in progress as per the site conditions to

minimized impacts in heavily built up areas and the RP will be updated accordingly. This

process and its implementations are being attended by the Land Acquisition and Resettlement

Specialists of both the PWD and the CSC. Solutions are being arrived at keeping in mind

the technical feasibility as well as the need to minimize the resettlement impact.

16.01 Other issues that need to be addressed at the earliest are as follows:

a) The survey for the assessment of impact needs to be completed at the earliest for ascertaining

the final compensation amount.

b) The land acquisition process needs to be expedited by the state machinery to enable faster

assessment of impact and calculation of the compensation amount.

c) The confirmation and publication of the final award list and subsequent payment of

compensation to the affected families will expedite the process of handing over of land to the

contractor

d) Capacity building sessions need to be organised on the requirements of the New Land

Acquisition Act: Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

e) The LA and R&R Expert of the CSC should provide support to the resettlement team of the

PWD as much as possible as they are very new to the processes involved in implementing a

Resettlement Plan.

f) The frequent changes of the officers who are part of the resettlement team should be avoided.

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17.0 SCHEDULES FOR COMPLETION OF LAND ACQUISITION, RESETTLEMENT

AND REHABILITATION ACTIVITIES:

Table: 9, Details of Future Activities

Contract Reset.

Activity Note

Completion

date

AS-37C

Land

Acquisition

1) Final Award to be completed for all three Districts at the

earliest

2) The balance compensation amounts need to be made

available for the three districts at the earliest

3) The payments made to the district collectors of Nalbari

and Barpeta need to be utilized. This will expedite the

process of handing over of balance land to the contractor

4) Capacity building sessions on the new Land acquisition

Act, 2013 for the IA and revenue officials.

5) Follow up with Revenue officials at both the state and

district levels to expedite the process of payment to the

affected families- immediate

On Going

Resettlement

Rehabilitatio

n activities

1) R&R survey for NTHs to be completed by end January

2015 by the Resettlement team of the PWD

2) Micro plan to be finalized by second week of February

2015

3) ID cards to be distributed by 31ST

March 2015

4) Calculation of replacement cost of structures being

impacted of the NTH to be completed by second week

of February.

5) Disbursement of assistance for NTHs by second week of

April 2015

6) Consultation with affected population will be done on a

continuous basis.

On Going

18.0 CONCLUSIONS

The report confirms that the Project under the Tranche-I will have adverse social impacts

associated with land acquisition and resettlement and it is expected that it will benefit the

local residents and the users of the highway after the completion of the Project.

Annexure- I: Photographs

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