IND: North Eastern State Roads Investment Program Tranche 1€¦ · AFPRO - Action for Food...

Social Monitoring Report March 2015 Project Number: 37143

IND: North Eastern State Roads Investment Program

— Tranche 1

Prepared by the Public Works Department, Assam, Government of India for 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. 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-11 AND AS-37C

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 DRAIPL – ABCI(JV) In Joint venture with Rodic Consultants Pvt. Ltd.

SEMI ANNUAL REPORT

ON LAND ACQUISITION AND RESETTLEMENT JANUARY TO JUNE 2014

SEMI ANNUAL REPORT

ON LAND ACQUISITION AND RESETTLEMENT

Page 1 of 17

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

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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

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

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

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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 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 from the resettlement point of view.

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

followed by further assessment of the CSC through its Land Acquisition and Resettlement

Specialist and then handed over to the contractor for initiation of construction activities. 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 total 27.92 Km of encumbrance free land to the contractor

by 10/04/2014, vide letter no. CSC/BLA/SGCCL/2014/0604. This followed a process of

proper verification/ certification by the NGO and then the CSC. The following table

indicates the chronological order of handing over of land to the Contractor.

Table: 1, Details of Land Handed Over to Contractor

Letter Ref No. CSC/BLA/SGCCL/2013/0474, Date: 16/12/2013

Sl.

No:

Encumbrance Free Land stretch Length

(in Kms) From

(in Kms)

To

(in Kms)

1 55+005 55+221 0.216

2 55+300 55+730 0.430

3 55+771 55+826 0.055

4 55+855 55+960 1.105

5 56+970 57+000 0.030

6 57+012 58+000 0.988

Total Length of encumbrance free land/stretch: 2.824

1 48+600 50+260 1.660

2 50+280 50+560 0.280

3 51+420 52+700 1.280

Sub Total (A): 3.220

1 7+125 8+190 1.065

2 8+400 9+500 1.100

3 9+600 10+380 0.780

4 10+690 11+000 0.310

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5 11+160 11+600 0.440

6 11+700 12+410 0.710

7 12+700 13+000 0.300

8 15+930 16+400 0.470

9 19+230 20+630 1.400

10 20+720 21+180 0.460

11 22+220 23+870 1.650

12 27+980 28+500 0.520

13 35+000 35+570 0.570

14 35+900 36+550 0.650

15 36+880 37+220 0.340

16 39+000 40+600 1.600

17 40+900 41+480 0.580

18 41+670 42+500 0.830

19 42+600 43+200 0.600

20 44+980 45+100 0.120

21 45+200 45+450 0.250

22 46+360 46+800 0.440

Sub Total (B): 15.185

Sub Total (B): 15.185

As detailed in Table-I Sub Total (C): 2.824

Summation of (A)+(B)+(C) = 21.229 Kms.

Letter Ref No. CSC/BLA/SGCCL/2014/0527, Date: 04/02/2014

1 10+380 10+690 0.310

2 11+600 11+700 0.100

3 12+410 12+700 0.290

4 13+000 13+310 0.310

5 14+000 14+070 0.070

6 14+160 14+260 0.100

7 21+360 21+510 0.150

8 21+740 21+780 0.040

9 21+840 22+080 0.240

10 23+870 24+200 0.330

11 50+800 51+110 0.310

12 51+300 51+420 0.120

Total 2.37 Kms

Letter Ref No. CSC/BLA/SGCCL/2014/0604 Date:

10/04/2014 1 9+500 9+550 50

2 11+000 11+060 60

3 14+000 14+070 70

4 19+180 19+230 50

5 21+180 21+240 60

6 21+280 21+360 80

7 21+510 21+740 230

8 21+780 21+840 60

9 22+080 22+130 50

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10 22+180 22+220 40

11 24+200 25+110 910

12 25+290 26+000 710

13 27+380 27+570 190

14 27+620 27+980 360

15 28+500 28+660 160

16 38+470 38+580 110

17 38+620 39+000 380

18 40+640 40+900 260

19 41+580 41+670 90

20 50+560 50+610 50

21 51+210 51+330 120

22 52+700 52+930 230

Total 4.320 Kms

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 enough width available

for road construction.

No RP has been prepared for this sub project. Hence this report contains the

information on the impacts on only one sub-project i.e. AS-37C.

6.0 OVERVIEW OF IMPACT:

6.01 Land Acquisition Impact

As per the data in the RP, 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 hectares

as against the original 0.17 hectares. Further details of land acquisition are given in

Annexure I

6.02 Land Acquisition Notifications

The land acquisition is being done as per the provisions of the old Act of 1894 as these

proposals were initiated before the new act came into being i.e. before 31st December 2013.

The subproject involves land acquisition in three districts of Kamrup, Nalbari and Barpeta.

The Section 4(I) notifications involving the “Publication of preliminary notification and powers of officers thereupon” have been published in 2013 and their validity is for a year. Hence the declaration that the land is required for a public purpose or 6 (i) notification

needs to be completed within a year of publication of the 4(i) notification. This is being

followed up with the respective District collectors and the Deputy Secretary revenue, Assam

Government. So far the Section 6 (i) notifications have been published for Barpeta

district and for one village in Nalbari.

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7.0 The Land Acquisition notifications finalized till June, 2014 are as follows:

Table: 2, Status of Land Acquisition Notifications:

Sl.

No. Name of District LA Case No

Section 4 (I)

Notification Dates

Section 6 (I)

Notification Dates

1

Kamrup (Rural) 4/- 2012

30/12/2013 NIL



Kamrup (Rural)

7/- 2012


2 Nalbari

1/- 2011 28/05/2013

NIL

2/- 2011 29/04/2013

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

10/- 2011 24/04/2013 21.06.2014

11/- 2011 28/05/2013 NIL

12/-2011 28/05/2013

3 Barpeta

3/-2012 26/06/2013 29.05.2014

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

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.

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8.01 As per the RP the total number of DPs is as follows:

Table: 3, Number of Displaced households and Persons

District Families DPs

Kamrup 351 1518

Nalbari 516 2274

Barpeta 662 2442

TOTAL 1529 6234

Source: Consultant Field Team, 2008-09

Table: 4, Number of Displaced households by Ownership

Titleholder Tenant Encroacher Total

1191 303 35 1529

Source: Consultant Field Team, 2008-09

The NGO has submitted a list of 691 APs for verification to the PWD.

Table: 5, Implementation Status of Key Activities

Activity Current Status Date/ Period

Development of checklist for joint verification Not yet completed -

Verification of titleholders Only 691 APs have been

identified -

Verification of non- titleholders Yet to be prepared -

Verification and joint measurement survey Yet to be prepared -

Preparation of the updated list of Affected Persons Yet to be prepared -

Calculation of replacement cost of land Yet to be done -

Marking and valuation of affected structures Yet to be done -

Calculation of replacement value of affected

structure Yet to be done -

Information dissemination and distribution of

R&R policy Done -

Preparation of Micro- Plan Yet to be prepared by the

NGO -

Distribution of Identity Cards

Not yet done. Only format

of identity card has been

prepared. It was approved

by PWD

3rd

June 2013,

vide Letter no.

CE/NEC/ADB/14

0/12-13/30

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 Yet to be done -

Public Consultation 14 meetings were

conducted Jan- June, 2014

The NGO team reported that they have organized for 14 meetings within this reporting

period. They informed the residents in the stretch about the project, the process of upgrading

the road and about the resettlement issues. People are happy about it and they welcome the

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Project; some were apprehensive. The residents have mentioned that they want the

compensation amount before allowing any construction work.

It is noted that the NGO did not do the proper documentation of all the 14 consultation

meetings that have been organised. It has been advised that they carry out proper

documentation in the way of photographs, signed attendance sheets of every meeting.

8.02 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.

8.03 Further verification is to be carried out by the NGO.

The NGO has verified that there are 25 Religious and 18 Government Buildings as being

affected. Measures are being taken to minimize the impact on the CPRs and for this an

assessment of land availability was made. This exercise was undertaken especially at the

congested market places and the built up areas before finalization of the COI to reduce

negative impacts and minimize them as far as possible.

A major concern is the negative impact on the masjid at Adabari village, Nalbari district at

chainage 8+318 km to 8+345 km due to correction of the substandard curve at that location.

A number of consultation meetings have been organized at this location from time to time by

the IA (APWD) along with the CSC, NGO personnel. The masjid committee members along

with the local community have been consulted on ways and means to minimize and mitigate

the impact on the main structure.

The community has requested that as far as possible through design interventions, the

impact on the main structure should be minimized. This structure has been made with the

contribution of the poor and the marginalized people and a lot of religious sentiment is

attached to it.

Hence, it has been decided that work at this location will not be undertaken till a

consensus opinion is formed on the way forward.

9.0 CAPACITY BUILDING:

9.01 Training

In order to ensure smooth and effective implementation of RP, the PIU is entrusted with the

responsibility of conducting training programmes for the resettlement staff, contractors and to

all those who are associated with the project with assistance from the dedicated Specialists

appointed by the CSC.

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.

The capacity building of the NGO is very essential for the successful implementation of the

resettlement activities and hence intensive training on the processes is required.

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.

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9.02 Details of Training

a) 23rd

February 2014, a training programme was organized at the CSC office for the CSS

staff, PIU staff and the NGO personnels on the new Land Acquisition Act, 2013.

b) 21st March 2014, the PIU staff was given a training on the New Land Acquisition Act

which came into being from January 2014 by Dr. Sharmila Singh at the CSC office.

c) 27th

May 2014, a training programme was conducted at the office of DC, Nalbari in the

presence of the Circle officers of Nalbari district, PWD officials from Nalbari, NGO, the

PIU staff on the requirements of the new act and how it affects the project.

Attendance sheets of all three trainings is attached as Annexure - III

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 to 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.

AFPRO on 4th

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

As a replacement SAI International Sansthan Service was 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.

Sai Started it’s site activities from end of January with an initimation to PWD that they were

initiating their activities. No information was provided about the deployment of Key

professionals though. After repeated reminders from the RO, Mr. Pranab Rabha the workplan

was submitted. The NGO started the assessment activities after a subsequent kick off meeting

with all the stakeholders. The PWD advised them to mobilise their KPs at the earliest to support

the site staff mobilised. The list of the design width finalised till date was also handed over to

the NGO.

The NGO has been undertaking the DMS of the Nalbari and Barpeta district of the NTHs and

on submission of the report a desk review and subsequent joint verification revealed glaring

mistakes. These errors were pointed out to the NGO and were asked to rectify them at the

earliest so that assistance can be given to the NTHs. But despite repeated reminders no

rectification was done them.

10.02 Resettlement Staff of PWD

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. Pranab Rabha, Asstt. Executive Engineer, PWD Guwahati NEC Sub- Division was

appointed as the Resettlement Officer for NESRIP Project (Tranche- I Road) on 15.02.2012,

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with vide Letter No: CE/NEC/ADB/31/11-12/Pt- I/2 and is continuing to be the RO till his

transfer. Subsequent to Mr. Rabha’s transfer in February a new RO has been appointed.

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.

10.03 Appointment of 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 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.

10.04 Appointment of Resettlement Expert (RE)

As desired by the ADB during its mission in December 2013 an independent Resettlement

Expert is to be hired by the PWD for assisting in the implementation of the RP and it’s related activities. In this context an advertisement was given and an independent expert, Ms. Pallavi

Mudoi was hired. She has been hired for an initial 6 months from March, Vide Letter No.

CE/NESRIP/ADB/190/13- 14/9, dated: 01/03/2014.

10.05 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.

11.0 OTHER INFORMATION RELATED TO IMPLEMENTATION OF

RESETTLEMENT PLAN:

11.01 Notification 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

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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 GRC will be constituted at PIU level only comprising Project Director, Resettlement

Officer, representative from local level NGOs, elected representative from zila parishad,

representatives of Displaced Persons including vulnerable groups and women in the

committee. The GRC will be a voluntary body and will continue to function, for the benefit of

the APs, during the entire life of the project including the defects liability periods.

The response time prescribed for the GRCs is three weeks. Since the entire resettlement

component of the project has to be completed before the construction starts for the whole

project, the GRC will meet at least once in three weeks to resolve the pending grievances.

Other than disputes relating to ownership rights under the court of law, GRC will review

grievances involving all resettlement benefits, compensation, relocation and other assistance.

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

refer Annexure- IV

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.

11.02 Notification 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.

The LVC will be responsible for finalizing the values of the affected assets taking into

account the prevalent replacement value on the basis of land market survey, undertaken by the

independent valuer appointed by the EA. The prices for land and other assets established and

approved by the LVC will be used for compensation for the project. These rates will be

reviewed and updated on an annual basis during the course of project implementation. Three

LVCs have been notified which are functional as per the details given below.

a) LVC Notification for Kamrup was notified on vide Letter no: NEC/12/2013/7

dated 17th

July 2013.

b) LVC Notification for Nalbari was notified on vide Letter no: NEC/12/2013/9 dated

17th

July 2013.

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c) LVC Notification for Barpeta was notified on vide Letter no: NEC/12/2013/8

dated 17th

July 2013.

Refer Annexure- V

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

budgets in each of these three districts. There is representation from different line departments

like horticulture, fisheries, agriculture etc. along with the revenue and the PWD.

11.03 Public Consultations

Public consultations are important and continuous process for which NGO plays an important

role. The NGO team reported that they have organized 14 meetings within this reporting

period. They informed the residents in the stretch about the project, the process of upgrading

the road and about the resettlement issues. People are happy about it and they welcome the

project: some were apprehensive. The residents have mentioned that they want the

compensation amount before allowing any construction work.

It would be noteworthy to add that the NGO has no documentary proof of any of the

meeting it has organized. It has been advised to have a proper documentation in the

form of photographs, attendance sheets etc. for all future consultation meetings.

11.04 Resettlement issues

(i) NGO

AFPRO and SAI International Sansthan

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.

(ii) New Land Acquisition Act: Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

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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.

A meeting with the Deputy Secretary Assam Government, Mr Dilip Das, ACS was also

held on 21st May 2014 for seeking his help in expediting the land acquisition proposals

for Nalbari and Kamrup districts.

11.05 Claim Resolving

i. No claims have been raised as Land acquisition is ongoing. 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. Moreover 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.

A total amount of Rs. 15.06 crores is required currently to cover the land acqusition 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 these 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 required can be ascertained once the

processes are complete.

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Table: 6, District wise breakup of the compensation amount with dates

District Amount Date

Nalbari 6,91,02,909. 00 31/03/2014

Barpeta 4,14,75,638.00 31/03/2014

TOTAL 11,05,78,547.00

11.06 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.

11.07 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.

12.0 COMPLIANCE TO NATIONAL LAWS AND POLICIES (POLICY AND LEGAL

FRAMEWORK):

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

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

and Resettlement Act, 2013

b) The Land Acquisition Act, 1894 (amended in 1984)

c) The National Resettlement and Rehabilitation Policy (NRRP), 2007

d) The State Land Acquisition (LA) Act

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

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

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

13.0 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.

14.0 ISSUES AND ACTION PLAN:

Alternative designing of Road alignment is in progress and the RP is being 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.

15.0 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) Capacity of the NGO needs to be augmented by way of appointing additional staff as well

as mobilization of the named key professionals to help the ground staff perform their

activities effectively.

c) The documentation of site activities need to be done in a proper manner as advised. This

would include photographs of meetings as well as attendance sheets for all the consultation

meetings organized.

d) The land acquisition proposals need to be followed up to ensure that they do not lapse.

This is very important especially in the case of Nalbari and Kamrup districts.

e) Sensitisation trainings 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

16.0 Schedule for Completion of Land Acquisition, Resettlement and Rehabilitation

Activities:

Table: 7, Details of future activities.

Contract Reset.

Activity Note

Completion

date

AS-37C Land

Acquisition

1) Section 6(i) notification of both Kamrup & Nalbari District to

be completed by 30th

December, 2014

2) Final award/Section 9 notification to be completed for Barpeta

District by end of 2014-15

3) Capacity building sessions for stakeholders on new land

acquisition act, 2013 will be under taken at all the three

districts and the implementing NGO.

On

Going

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Resettlement

Rehabilitation

activities

1) R&R survey for NTHs to be completed 30th

September 2014

by the NGO

2) Micro plan to be finalized by first week of October 201

3) ID cards to be distributed by 30th

October 201

Disbursement of assistance for NTHs by first week of

December 201

On

Going

17.0 CONCLUSION:

The report confirms that the Project under the Tranches will have adverse social impacts

associated with land acquisition and resettlement. It is expected that this project will benefit

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

completion of the Project highway, it is expected to have a long term benefit to or both the

local resident and road users the local residents and road uses as well.

An

ne

xu

re II: La

nd

Acq

uisitio

n S

tatu

s

District

Total road length (KM)

Road Length handed

over to contractor

(KM)

No of LA cases

Pa

tta La

nd

Length of LA required

over existing road

(KM)

Go

vt lan

d

(Re

qu

ired

tran

sfer 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

Sta

tus o

f Aw

ard

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

Da

ta a

s pe

r DP

R

45.60

0.17

Annexure- III: Attendance sheet of Training held on 23.02.2014

Annexure III: Attendance Sheet for the training held on 21.03.2014

Annexure III: Attendance Sheet for the Training held on 27.05.2014

Annexure III: Attendance Sheet for training held on 27.05.2014

Annexure IV: Grievance Redressal Committee Notification

Annexure V: Land Valuation Committee Notification

IND: North Eastern State Roads Investment Program Tranche 1€¦ · AFPRO - Action for Food...

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