Draft RP: India: Guwahati Water Supply Subproject, Assam ... · PDF fileThe Assam Urban Infrastructure Investment Program ... also detailed in the esettlement r plan. Where land compensation

Draft Resettlement Plan June 2011

IND: Assam Urban Infrastructure Investment Program – Guwahati Water Supply Subproject Prepared by Government of Assam for the Asian Development Bank.

ABBREVIATIONS ADB Asian Development Bank BRT - Bus Rapid Transit

BSR - Basic Schedule of Rates DMB - Dibrugarh Municipal Board FHH - Female Headed Households GDD - Guwahati Development Department GMDA - Guwahati Metropolitan Development Authority GRM - Grievance Redress Mechanism MSWMHR - Municipal Solid Waste Management and Handling

Rules SPS - Safesguards Policy Statement UDD - Urban Development Department

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CONTENTS

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EXECUTIVE SUMMARY

I. PROJECT DESCRIPTION 6 A. Description of Subproject 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4

A. Involuntary Resettlement Impacts 3

III. SOCIOECONOMIC INFORMATION/PROFILE 4

IV. OBJECTIVES, POLICY FRAMEWORK AND ENTITLEMENTS 5

V. COMPENSATION, INCOME RESTORATION, AND RELOCATION 7 A. Valuation of Lost and Affected Assets 11 B. Income Restoration 11 VI. CONSULTATION, PARTICIPATION AND DISCLOSURE 13 A. Meaningful Consultations during Project Preparations 14 B. Informal Disclosure and Resettlement Plan Disclosure 14 VII. GRIEVANCE REDRESS MECHANISM 14

VIII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION 16

IX. RESETTLEMENT BUDGET AND FINANCING 21

X. MONITORING AND REPORTING 23

EXECUTIVE SUMMARY

1. The Assam Urban Infrastructure Investment Program (the Program) is a key urban infrastructure initiative of the Government of Assam, and aims to improve the urban environment and quality of life in the cities of Guwahati and Dibrugarh through the delivery of improved water supply, sanitation, solid waste management (SWM), drainage infrastructure, and a sustainable urban transport system such as a Bus Rapid Transit (BRT) corridor.1 The project uses a Multi-tranche Financing Facility (MFF) modality and in accordance with ADB’s Safeguard Policy Statement (SPS, 2009) requires the preparation of a Resettlement Framework (RF)2

2. The major outputs of this Program include: (i) for Guwahati, improved water supply, sanitation, and urban transport through a BRT corridor; and (ii) for Dibrugarh, improved drainage resulting in the reduction of economic losses due to flooding, and comprehensive SWM (See Table 1). The Project supports the Government of India’s 11th Five-Year Plan (FYP: April 2007 to March 2012), which recognizes infrastructure bottlenecks and lack of long-term funds for infrastructure investment as the binding constraint for achieving its goals.

and Resettlement Plan for Tranche 1 subprojects.

Table 1: Summary of Infrastructure and Tranches Project City Component Details Tranche 1 Guwahati Water Supply (i) river intake, (ii) WTP, (iii) pumping mains, (iv) service reservoirs, and (v)

associated works in the South-East zone of Guwahati Dibrugargh Drainage (i) desilting and lining of the Dibrugarh Town Protection dyke drain; (ii) construction

of household drains, internal common drains and roadside drains; and (iii) renovation of box culvert at the drainage crossings.

Solid waste management

(i) supply of equipment and vehicles for solid waste collection and transportation; and (ii) construction of treatment and disposal site including all civil, mechanical and electrical works

Tranche 2 Guwahati Water Supply (i) distribution pipelines in South-East zone, and (ii) supply of water meters Sewerage (i) collection system; (ii) pumping stations and allied works; (iii) STP, and (iv) allied

works in Zone 1A (South and East zone of Guwahati. Urban

transport Construction of Bus Rapid Transport Corridor and allied works

Dibrugargh Drainage (i) 10 sluice gates, (ii) main outlet channel, Beel area improvement with allied works, and (iii) secondary drainage

Slum improvement

(i) road improvement; (ii) drainage improvement; (iii) provision of water supply; and (iv) sewerage and sanitation.

Notes: STP = sewage treatment plant; UMTA = Unified Metropolitan Transport Authority, SPV = Special Purpose Vehicle, CTSL = City Transport Services Limited; BRT = Bus Rapid Transit

3. ADB requires the consideration of social safeguard issues in all aspects of the Bank’s operations, and the requirements for involuntary resettlement are described in ADB’s Safeguard Policy Statement (SPS), 2009.

1 The Project will also contribute to achieving Millennium Development Goal 7, Target 10, which calls for halving, by 2015, the proportion of people without access to safe drinking water and improved sanitation. 2 The preparation of safeguard frameworks aim to clarify safeguard principles and requirements governing screening and categorization, social assessment, and preparation and implementation of resettlement plans of subprojects to be prepared after MFF approval.

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A. Projec t Des crip tion

4. This RP is prepared for the Guwahati Water Supply subproject under Tranche 1. A detailed project description is in Table 1. The RP is prepared in accordance with Resettlement Framework.

B. Categorization

5. The subproject is classified as Category B in accordance with ADB's Safeguards Policy Statement (SPS, 2009), as there are no significant involuntary resettlement impacts. Impacts were minimized through careful siting of the facility in close consultation with the local government and community. C. Summary of Res e ttlement Impacts

6. A total of 3.24 ha of private land will need to be acquired for the construction of the Water Treatment Plant in Sunsali - Guwahati. The Water supply project and its components will affect a total of 8 households (1 titleholder and 7 non-titleholder). D. Entitlements

7. The Entitlement Matrix (Table 6) outlines the types of measures (e.g., compensation at replacement value, assistance, etc.) required to mitigate the resettlement impacts in line with the Government and ADB policies. The method for determining unit rates and replacement values for land and assets are also detailed in the resettlement plan. Where land compensation will be through a direct negotiated settlement, the Government will engage an independent external party to document the negotiation and settlement processes to ensure adequate and fair pricing of land and/or other assets. Compensation eligibility is limited by a cut-off date census survey for non-titled holders and official government notification for titled holders. Identity cards will be distributed to entitled households. Displaced persons who settle in the affected areas after the cut-off date will not be eligible for compensation but will be given sufficient advance notice (60 days), and requested to vacate premises and dismantle affected structures prior to project implementation. The total cost for land acquisition and resettlement for the Project is USD 2.9 million. The Government will provide all funds for resettlement in a timely manner. All compensation is to be paid prior to displacement and ongoing income and livelihood rehabilitation activities will continue after construction begins.

E. Implementa tion Arrangements

8. The Government of Assam’s Guwahati Development Department (GDD) will be the executing agency. A state-level PMU, headed by a full-time Project Director (PD), will be established as the Implementing Agency, which will be in-charge of overall execution and technical supervision, monitoring, and financial control of all activities under the project. The PMU will have a Safeguard Compliance and Monitoring Unit (PMU SCMU) staffed by a Safeguard Compliance and Monitoring Officer (PMU SCMO) to ensure mitigation of negative environmental and social impacts due to the subproject, if any. The PMU will also be assisted by PMC Safeguards Specialist (PMC SS). Project Implementation Units (PIUs) dedicated exclusively to the project would be set up in Guwahati and Dibrugarh. The PIUs will each have a Resettlement Officer (RO) who will be responsible for implementation of the RP. For RP implementation, the PMU will receive overall safeguards monitoring support from the PMC, and

the PIUs will receive resettlement plan preparation and implementation support from DSC and NGO, respectively.

9. Monitoring and Reporting. The safeguards staff within the PMU will monitor RP implementation with support from the PMC, DSC, and CDTA external safeguards monitoring expert. The PIU Resettlement Officers will prepare quarterly progress reports and submit to the PMU. The PMU will prepare semiannual monitoring reports and submit to ADB. The NGO will prepare quarterly progress reports to PIUs and PMUs to inform on resettlement plan implementation activities for subprojects with significant impacts, such as the proposed BRT subproject in Tranche 2. These reports will describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. These reports will closely follow the involuntary resettlement monitoring indicators agreed at the time of resettlement plan approval. 10. Information Disclosure. Summaries of each RP will be translated and made available to the affected persons. Hard copies of the resettlement plan will also be made available at: (i) Offices of the PMU and PIU; (ii) District Magistrate Office (iii) Block Development Officers’s Office (iv) any other local level public offices, as soon as the plans are available and certainly before land is acquired for the project. For non-literate people, other communication methods will be used. Electronic version of the Resettlement Plans will be placed on the official website of the State Government/PMU/IA and the official website of ADB after approval and endorsement of the RP by EA and ADB.

I. PROJ ECT DESCRIPTION

A. Des crip tion of Subprojec t

1. The Government of Assam has envisaged improvements in the water supply sector to provide access to potable water to 100% of the residents of the Guwahati Metropolitan Area (GMA). The City Development Plan (CDP) for Guwahati, prepared under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), envisions providing safe and sustainable water to its citizens at an appropriate pricing with the ultimate goal of providing 24 hours water across the city. To achieve this objective, the city has been divided into four distribution zones (Figure 1): (i) North Guwahati Zone (ii) South Guwahati West Zone (iii) South Guwahati Central Zone and (iv) South Guwahati East Zone.

Figure 1: Guwahati Metropolitan Area Water Supply Zones

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2. The key components proposed under the Guwahati Water Supply Subproject include (i) construction of intake works including intake well, raw water pumping stations and other associated works; (ii) construction of water treatment plant (WTP), pure water pumping station and associated works; (iii) construction of raw and treated water transmission mains and feeder mains to zonal storage reservoirs and associated works; (iv) construction of storage reservoirs and associated works to provide water supply to the uncovered areas in the South Guwahati East Zone.

3. The primary source of water for Guwahati is the Brahmaputra River. Raw water is drawn from various intake points along the river and supplied after treatment to the other zones.

4. The civil works for the water intake and WTP will be limited on approximately 5.5 ha of land earmarked specifically for the subproject. The sites will be fenced and secured prior to construction work and no other further infrastructure development will be allowed to prevent encroachments. The clear water reservoirs will be constructed on a maximum of 0.8 ha of land. The sites will be fenced and secured prior to construction works.

5. As far as possible, the transmission mains and feeder mains will follow the alignment within the existing ROWs of lanes/roads in densely population areas. Pipelines following road alignment will be buried in trenches with minimum of 1-meter (m) clear cover within the ROW, on or adjacent to the road.

Table 1: Guwahati Water Supply Subproject Components Source Development Type of source River Brahmaputra. Diversion Structure Construction of coffer dam Intake Structure Intake Well cum Raw Water Pumping Station

Shore Protection Plant and Machinery Raw Water Pumps

Motors Electrical instruments Piping

Other Structures Shore protection Raw Water Transmission System Raw Water Transmission main Pumping main from intake to WTP pre-settling

tanks Water Treatment Primary treatment Pre-settling tanks

Aeration and clarification Chemical house

Dosing system for preparation of chemical solution and dosing

Rapid Mixing Flash mixers Flocculation Flocculation tank Settlement of suspended solids Inclined plate settlers Filter house and associated plant and equipments

Rapid gravity filters with nozzle based False bottom with air and water backwash system

Treated water storage and pumping Clear water reservoir Pumping System

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Disinfection and water quality monitoring Chlorine House Chlorination system

Recycling and disposal of wastewater Wastewater and sludge sump Clear Water Transmission system Transmission main Pure water pumping main to master balancing

reservoir, gravity mains from master balancing reservoirs to zonal storage reservoirs.

Service Reservoirs Hill top reservoirs Approach roads Boundary walls Staff quarters

1. Gopal Nagar 2. North Jyotinagar 3. Kenduguri 4. Jonaki Nagar 5. Naba Jyoti Nagar (Kala Khetra) 6. Basistha

1.1. Projec t Benefits and Impacts

6. The Water Supply subproject will be beneficial to the citizens of Guwahati. The most noticeable long-term benefits due to the subproject are: (i) increased access to treated water supply; (ii) reduction in time and cost of collecting water; and (iii) reduction in vulnerability to water borne diseases. Since in most part of the city water supply system is not available, this subproject is aimed to plug that gap and enhance access to water for community. 7. The subproject components such as WTP and storage reservoir would require land. While the storage reservoirs would be located on a total of 0.8 ha of government land, private land is required for construction of the WTP thereby necessitating acquisition of private land. A total of 3.24 ha of private land will need to be acquired in Sunsali in Guwahati. This land belongs to one titleholder. 1.3. Measures to Minimize Resettlement Impacts 8. The subproject is classified as Category B3 in accordance with ADB's Safeguards Policy Statement (SPS, 2009), as there are no significant4

3 A project is assigned to one of the following categories depending on the significance of the probable involuntary resettlement impacts: (i) Category A – A proposed project is classified as Category A if it is likely to have significant involuntary resettlement impacts. A resettlement plan, including a assessment of social impacts, is required. (ii) Category B – A proposed project is classified as category B if it includes involuntary resettlement impacts that are not deemed significant. A resettlement plan, including a assessment of social impacts, is required. Category C – A proposed project is classified as Category C if it has no involuntary resettlement impacts. No further action is required.

involuntary resettlement impacts. The overall resettlement impacts are being avoided or minimized through careful subproject siting and alignment during the design and implementation stages. During subproject preparation, the engineering team and social team consulted each other and made all efforts to minimise impacts on people and assets. During land identification for this subproject, all efforts were made to identify a suitable plot of government land free of encumbrances and impacts. Alternatively, since government land of this nature could not be identified, such private land was looked for, which would limit physical and economic displacement impacts as far as possible. The civil works for the water intake and WTP will

4 The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

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be limited to approximately 3.24 ha of land earmarked specifically for the subproject. The clear water reservoirs will be constructed on a maximum of 0.8 ha of land. Except for a small plot of private land required for the WTP, all the remaining land required for subproject components comprises of government land. Further, the overall resettlement impacts are being avoided or minimized through careful subproject siting and alignment during design stages. 10. In order to further reduce impacts, as far as possible, the transmission mains and feeder mains will follow the alignment within the existing ROWs of lanes/roads in densely populated areas. Pipelines following road alignment will be buried in trenches with minimum of 1-meter (m) clear cover within the ROW, on or adjacent to the road.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Involuntary Res e ttlement Impacts

11. The subproject will entail only minor land acquisition. The impacts on affected persons are mostly related to land acquisition, which is required for siting of new facilities such as the water treatment plant and storage reservoirs. Efforts have been made by the engineering and social team to minimize the resettlement impact by careful design as all the implementation and the activities under the subproject will be confined mostly to the available government land. In order to further minimize impact, the proposed work will be undertaken in small patches and laying of water pipes will be done mostly during the non peak business hours. 2.2. Permanent

Land Acquisition

12. Minimal land acquisition is required for the proposed Water Supply Subproject to be located in Guwahati town. A total 3.24 ha of private land acquisition would need to be acquired for this subproject. The Project will affect a total of 8 households comprising of 56 affected persons. A summary of land requirements is enumerated in Table 2 below.

Table 2: Land requirements in the Water Supply Subproject Facility Private Land 1. Water Treatment Plant

3.24 ha

2. Storage Reservoir

Nil

Facility Government land

Intake Works 1 ha

Water Treatment Plant 4.02 ha

Storage Reservoirs 3.9 ha Source: SAR Guwahati Water Supply

13. The 3.24 ha of private land belongs to a private company called` Frontier Associates Pvt Ltd and is currently being used as an outhouse/guest bungalow and storage area. The landowner was unavailable in Guwahati at the time of the census survey and could not be consulted. 14. The land acquisition will be done through the executing agency, which is the Guwahati Development Department (GDD). Upon completion of the land acquisition, the same will be

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handed over to PMU for the implementation of project. GDD will approach the District Collector office and the District Collector will appoint a special land acquisition officer for a joint verification survey. The valuation committee will decide the replacement cost. Efforts will be made by the GDD and PMU for a transparent mutual negotiated settlement with all the landowners to derive at a mutually acceptable market rate, which will be complying with ADB’s principle of replacement value. Therefore, the first option of the land acquisition will be mutual negotiation.5

III. SOCIOECONOMIC INFORMATION/PROFILE

15. A detailed resettlement census survey6

was conducted along the storage reservoir locations of the Water Supply subproject from 7 - 9 May 2011. The objective of the census survey was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A schedule was prepared to collect detailed information on the socioeconomic status of the affected persons and households. In addition, considering the type of loss namely – residential, land and trees etc, of the AP a loss-specific schedule was filled for that AP.

16. The survey identified that apart from 1 titleholder (Frontier Associates Pvt Ltd.), a total of 7 non-titleholder households residing on and/or using the government land, to be acquired, will also be affected as a result of the subproject. It is important to note that four of these 8 affected households to be affected as a result of the subproject, were unavailable at the time of the census survey and hence their views and socio-economic information could not be mobilized. This RP will be updated to include these APs prior to MRM. 17. A summary of the socio economic details of the four affected households covered during the census is given in Table 3. All these four households comprise of non-titled households who will get affected as a result of the construction of storage reservoirs.

Table 3: Socio-Economic Details of Affected Households for Land Acquisition

No Affected Household Name Type of Loss

HH size/gender Main source of Income

Annual Income (Rs) Vulnerability

Total M F

1 DILIP TANTI RESIDENTIAL+ TREES 5 1 4

NON AGRI. LABOUR

Less than 35,000 BPL

2 MUKUND RESIDENTIAL ABSENT ABSENT ABSENT ABSENT

Absent BPL

3 LAHESWAR DAS RESIDENTIAL 2 2 0

NON AGRI. LABOUR


4 KUSAL HALOI RESIDENTIAL 4 3 1 SERVICE


5 To ensure negotiated settlements are fair and transparent, the borrower/client will engage an independent external party to document the negotiation and settlement processes. The observations of the third party will be included in the updated resettlement plan as an appendix. 6 The key methods employed by the team during the course of the survey are in order: (i) Marking of affected assets and structures as per the proposed engineering design; (ii) one-to-one household interview with the affected household; and (iii) small group consultations, key informant interviews and focus group discussions were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials during the survey.

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Source: Resettlement Census Survey, May 2011. A. Primary Source of Income of the Affec ted Hous ehold

18. Out of the 4 affected households, while three are dependent upon wage labour (non-agriculture) as their primary source of income, one of the households is engaged in a job-employment for sustenance of their livelihood. B. Annual Income Patterns of the Affec ted Hous eholds

19. Apart from the one affected title owner household (Frontier Associate), who fell in the income range of more than 1.5 lakh per year, four of the affected non-titled households earned an income of less than Rs. 35,000 annually, thereby bringing them in the below the poverty line (BPL) category. The remaining 3 households could not be covered during the census survey. C. Extent of Impact on As s e ts and Income

20. Field visits and census survey ascertained that none of 8 affected households is dependent upon the land (private and government) to be acquired for the subproject for their source of income. 21. Nonetheless, a total of 4 residential structure would experience significant impact as a result of the construction of the storage reservoirs at Basistha and Kenduguri thereby displacing these households. All these four households comprise of non-titled households who have been residing on government land and do not have alternate place to relocate. In view of their socio-economic vulnerability, the RP makes provision for compensation for non-land assets, provides for shifting assistance and also provides for additional assistance to these households on grounds of their vulnerability. D. Gender Impacts and Mitiga tion Meas ures

22. The proposed water supply subproject by improving availability of water supply will be particularly beneficial for women. Since women are nostly tasked with households responsibilities, the absence of basic services increases the time taken by them to collect water, dispose of waste and family hygiene. For the most part, these constrain women from participating in income – generation activities. This subproject by improving availability of water, will reduce drudgery in the lives of women. No Female Headed household (FHH) would be affected as a result of the subproject. 23. The summary of land acquisition and resettlement impacts is presented in the Table 4 below.

Table 4. Summary of Land Acquisition and Resettlement Impacts

Impact Unit Permanent Land Acquisition (ha) of private land 3.24 ha

Affected Households (AHs) 8 households

Affected Persons (APs) 40 persons 7

Titled AHs 1 household

7 Indicative number of affected persons based on the census survey undertaken at the Storage Reservoir sites where a total of 4 households comprising of 11 persons will be affected. This shall be uodated based on the census survey at the WTP site.

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Impact Unit Non-titled AHs (Encroachers) 7 households

Female-headed AH None

IP/ST-headed AH None

BPL AH 4 households

Affected Structures 8 structures

Affected Trees/Crops 15 trees

Affected Common Property Resources None

Source: Resettlement Census Survey, May 2011.

IV. OBJ ECTIVES, POLICY FRAMEWORK AND ENTITLEMENTS

A. Policy Frameworks

24. The resettlement principles adopted in this RP reflect the national and State Land Acquisition (LA) Act, the entitlement benefits as listed in the National R&R Policy, (Govt of India) 2007 and Asian Development Bank’s (ADB) Safeguards Policy Statement (SPS, 2009). Appendix 1 outlines the Government and ADB policies, legal requirements, and guiding principles under which this RP was prepared. 25. The RP outlines the objectives, policy principles and procedures for land acquisition, compensation and other assistance measures for Affected Persons (APs). The Executing Agency and the Implementing Agency (IA) will endorse the Resettlement Plan prior to Project Appraisal. The RPs will be disclosed to the affected persons (APs) and submitted to ADB for review and approval prior to commencement of any civil works. Compensation and other assistances will have to be paid to APs prior to any physical or economic displacement of affected households. B. Entitlement Matrix

26. In accordance with the involuntary resettlement principles set forth above, the identified 8 affected persons will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights on lost assets, and scope of the impacts including socio-economic vulnerability of the affected persons and measures to support livelihood restoration if livelihood impacts are envisaged. 27. Affected persons meeting the cut-off date requirements (for title holders, the date of Section 4.1 of the LAA will be treated as the cut-off date, and for non-titleholders the date of project census survey (7 May – 8 May 2011) will be considered as cut-off date), will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. Unforeseen impacts will also be compensated in accordance with the principles of this Plan. A detailed description of compensation measure and assistance for losses incurring in this Project are provided in the entitlement matrix (Table 5 below).

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Table 5. Entitlement Matrix

8 The vulnerable affected people in this project are defined as those below poverty line (as per Govt of India – Planning Commission, those households whose annual earning is less than Rs.35220 (at 20009-10 rates, are classified as BPL) landless, elderly, woman-headed households, Scheduled Tribes and those without legal title to land. 9 In line with the NRRP 2007, a lump sum of INR 10,000 per Affected Household shall be provided to each of the households, who would be relocated from the site proposed for acquisition to new place decided by them. 10 In line with the NPRR 2007, a lump sum of INR 10,000 per Affected Household shall be provided to each of the households, who would be relocated from the site proposed for acquisition to new place decided by them. 11 In line with the NPRR 2007, a lump sum of INR 10,000 per Affected Household shall be provided to each of the households, who would be relocated from the site proposed for acquisition to new place decided by them.

Type of Loss Identification of Affected

Households

Entitlement Details

A: LOSS OF LAND A.1. Loss of homestead land or vacant plot (commercial land)

Legal Titleholder/ traditional land rights

Compensation at replacement cost and assistance

a) Compensation at replacement value or land-for-land where feasible; b) APs with traditional title/occupancy rights will also be eligible for full compensation for land.All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.c) A lump sum transfer grant/shifting assistance per household for shifting households’ assets and other belonging to the new area.

A.4. Loss of Government Land (Vacant plot, Homestead land)

Encroachers on government land and RoW

Compensation for nonland assets at replacement value and Assistance

a) Encroachers will be notified and given 60 days advance notice to remove their assets and/or crops/fruits.

b) Compensation for affected structures at replacement value, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation. Additional assistance to vulnerable8

c) A lump sum transfer grant/shifting assistance per household

households.

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for shifting households’ assets and other belonging to the new area.

d) B: LOSS OF STRUCTURES B.1. Loss of residential structure

Legal Titleholder of affected structure

Compensation at Replacement cost and assistance

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

b) Affected person shall be allowed to take salvaged material from the demolished structure at no costs. A lump sum transfer grant/shifting assistance per household10

c) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rental accommodation


d) All fees, taxes and other registration charges incurred for the replacement structure. e)

B.2. Loss of commercial structure and other assets

Legal Titleholder of the affected

structure

• Compensation at Replacement cost

• Shifting Assistance

a) Affected person will be provided replacement value of the structure, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation. b) Affected person shall be allowed to take salvaged material from the demolished structure at no costs. c) A lump sum transfer grant/shifting assistance per household11 for shifting the asset and other belonging to the new area.

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12 The vulnerable affected people in this project are defined as those below poverty line (as per Govt of India – Planning Commission, those households whose annual earning is less than Rs.35220 (at 20009-10 rates, are classified as BPL) landless, elderly, woman-headed households, Scheduled Tribes and those without legal title to land. 13 In line with the NRRP 2007, a lump sum of INR 10,000 per Affected Household shall be provided to each of the households, who would be relocated from the site proposed for acquisition to new place decided by them. 14 The vulnerable affected people in this project are defined as those below poverty line (as per Govt of India – Planning Commission, those households whose annual earning is less than Rs.35220 (at 20009-10 rates, are classified as BPL) landless, elderly, woman-headed households, Scheduled Tribes and those without legal title to land. 15 In line with the NRRP 2007, a lump sum of INR 10,000 per Affected Household shall be provided to each of the households, who would be relocated from the site proposed for acquisition to new place decided by them.

• Transitional Allowance

• Rental assistance

d) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rental accommodation e) All fees, taxes and other registration charges incurred for the replacement structure.

C: LOSS OF CROPS & TREES C.1. Loss of crops and trees

Legal Titleholder/ Sharecropper/ Leaseholders

Compensation at ‘market value’

a) Affected person will be notified and given 60 days advance notice to harvest crops/fruits and remove trees.

b) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops to be determined in consultation with the State Agriculture Extension Department based on average production.

c) Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be determined by the Forest Department

d) In case of fruit trees, compensation at average fruit production for next 15 years to be computed at current market value to be determined by Horticulture Department.

D: LOSSES OF NON-TITLEHOLDERS D.1 Loss of structure (immovable assets constructed by squatters and encroachers)

Encroachers Compensation for nonland assets at replacement value and Assistance

a) Encroachers will be notified and given 60 days advance notice to remove their assets. b) Compensation for affected structures at replacement value, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation. Additional assistance to vulnerable12

c) A lump sum transfer grant/shifting assistance per household

households.

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


D.2. Loss of Crops and Trees

Encroachers Compensation for nonland assets at replacement value and Assistance

f) Encroachers will be notified and given 60 days advance notice to harvest crops/fruits and remove trees.

g) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops to be determined in consultation with the State Agriculture Extension Department based on average production. Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be determined by the Forest Department. In case of fruit trees, compensation at average fruit production for next 15 years to be computed at current market value to be determined by Horticulture Department.

h) Additional assistance to vulnerable14

i) A lump sum transfer grant/shifting assistance per household households.

15 for shifting households’ assets and

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16 The vulnerable affected people in this project are defined as the poor, landless, elderly, woman-headed households, Scheduled Tribes and those without legal title to land.

other belonging to the new area.

E: ADDITIONAL SUPPORT TO VULNERABLE F.1. Additional assistance to vulnerable groups

Households categorized as vulnerable16

Lump sum assistance

a) Additional one-time lump sum assistance of Rs. 10,000 per household to vulnerable households. This will be over and above the other assistance/s given as per this framework. b) Vulnerable households will be given priority in employment as labor in the Project construction activities.

F: OTHER UNANTICIAPTED IMPACTS F.1. Temporary loss of business

• Titleholder • Licensed and

non-licensed vendors, and titled and non-titled households/tenant

Lump sum Assistance

a) Businesses are entitled to compensation for each day of disturbance on fully closed roads. An income survey will serve as the cut-off date. All businesses identified in the project-impacted areas (sections ready for construction) on the cut-off date will be entitled to compensation for their lost income based on the tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or for shops not qualifying under these categories (hawkers, vendors, etc.), the option of using the actual income based on survey followed by a verification of the income data based on comparable incomes in the project area. b) Mobile hawkers and vendors will be assisted by contractors in moving to alternative locations during the period of construction.

F.2. Temporary impact during construction like disruption of normal traffic, damage to adjacent parcel of land/assets due to movement of machinery and plant site for contractor etc

• Owner/ Titleholder/ traditional rights of the affected plot

• Community

Cash compensation for loss of income potential

a) The contractor shall bear the cost of any impact on structure or land due to movement of machinery during construction or establishment of construction plant. b) Compensation for standing crops and trees as per the market rate c) Restoration of land to its previous or better quality d) The contractor will negotiate a rental rate with the owner for all temporary use of land outside proposed RoW. e) The contractor will maintain access to businesses (e.g., planks, keeping traffic flow, pedestrian access, no full street closures, etc.)

F.3. Any unanticipated adverse impact due to project intervention

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

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V. COMPENSATION, INCOME RESTORATION, AND RELOCATION

A. Valua tion of Los t and Affec ted As s e ts

28. Land acquisition and resettlement impacts will be compensated in accordance with the entitlement matrix (Table 5). As per the policy adopted for this project, all compensation for loss of land, structures, and other assets will be based on full replacement cost. 29. A District Valuation Committee exists in the District to determine the value of the acquired asset. For this Project, the Resettlement Officer of the PIU, Implementing NGO and representatives of the affected households shall also be allowed to participate in the proceedings of this Committee. The replacement value for the land will be determined by the Valuation Committee in consultation with affected persons. 30. The Valuation Committee will finalize the replacement value by undertaking a land market survey with the objective of ascertaining prevailing market values of land. The valuation committee may adopt the following three methods of valuation and adopt the highest amongst the three as replacement value: (i) appraise recent sales and transfer of title deeds and registration certificates for land in urban and rural areas of the district,17

(ii) appraise circle rate (valuation of land property established by an administrative area) in urban and rural areas of the district, (iii) compare and contrast the recent value of land (same type of land) in different zones of the District.

31. The Valuation Committee will facilitate the valuation of immovable properties, including structures and assets, as follows:

(i) Residential and Commercial Structures. The replacement value of structures and other immovable properties will be determined on the basis of replacement cost by referring to relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation.

(ii) Trees and Crops. Compensation for trees will also be based on the current

market value of timber for timber trees, the annual net product market value multiplied by remaining productive years for perennial crops and fruit trees, and the market value of standing crops will be finalized by the Valuation Committee in consultation with the (i) the Forest Department for timber trees; (ii) State Agriculture Extension Department for crops; and (iii) Horticulture Department for perennial trees.

(iii) Other Assets. Compensation for other assets such as wells, irrigation units, etc.

will be based on replacement value. The Valuation Committee will estimate this through detailed market surveys.

B. Income Res toration

32. The census survey identified no loss of income impact on any of the eight affected households. Nonetheless, the water supply distribution network is anticipated to entail some temporary impacts on income. As far as possible, the transmission mains and feeder mains will

17 While determining the market value, the Valuation committee will also consider the rates offered (for different type of land) by the Private Industry, Public Sector Enterprises etc in other Projects (to be commenced) in the same area.

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follow the alignment within the existing ROWs of lanes/roads in densely populated areas. Pipelines following road alignment will be buried in trenches with minimum of 1meter (m) clear cover within the ROW, on or adjacent to the road. 33. Nonetheless in case of any resultant impacts on businesses as a result of the above, businesses will be compensated for lost income on fully closed streets where customer access to shops is disrupted.18

Once a contractor confirms a road is likely to be fully closed (with disruption to customer access), the DSC Social Safeguards Specialist will conduct an income survey of businesses along the relevant sections. An income survey will serve as the cut-off date. All businesses identified in the project-impacted areas (sections ready for construction) on the cut-off date will be entitled to compensation for their lost income based on the tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or for shops not qualifying under these categories (hawkers, vendors, etc.), the option of using the actual income based on survey followed by a verification of the income data based on comparable incomes in the project area.

34. Compensation procedures. Paying compensation to the temporarily affected persons will take the following steps:

(i) Step 1. Conduct public awareness and information dissemination prior to construction works. This is to be done by the Community Awareness and Participation consultants.

(ii) Step 2. The Design and Supervision Consultant (DSC) to identify the roads in collaboration with contractor, which will experience full closure and estimated period of closure. Two types of disturbance anticipated from full closure of roads: (i) partial disturbance, where there is no vehicular access but pedestrian access is maintained, or (ii) full disturbance, where there is no vehicular and no pedestrian access.

(iii) Step 3: The DSC social specialist is to then (a) conduct an income survey19

(iv) Step 4: After ADB approval of the revised Resettlement Plan, the DSC Safeguard Specialist will distribute identity cards with compensation amount to the affected persons.

of shops along sections of road closure identified for full closure, (b) update the Resettlement Plan (identifying income and potential loss based on actual income losses), and (c) send the updated Resettlement Plan to ADB for review and approval after detailed designs are complete.

(v) Step 5. Affected person can then collect payment at PIU office or on site, based on PIU discretion.

(vi) Step 6. PIU to issue a cheque to affected persons based on survey record and identity card prior to construction works (if feasible). All payments to be recorded for accounting purposes with signature of affected person to verify payment made.

35. Vendor Assistance: Vendors requiring temporary shifting during construction period will be notified in advance and allowed to salvage all materials fort temporary shifting to 18 Compensation is only applicable to fully closed roads where customer access is disrupted leading to income loss. To the extent possible, contractors will identify these types of roads prior to construction. However, if during construction, a road not previously identified for full closure is unexpectedly required to be fully closed inhibiting customer access, the contractor is to immediately notify the DSC Social Safeguard Specialist and PID so that a rapid income survey can be conducted and compensation paid for period of disruption.

19 Compensation is based on lost income based on the tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or for shops not qualifying under these categories (hawkers, vendors, etc.), the option of using the actual income based on survey followed by a verification of the income data based on comparable incomes in the project area.

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alternative location. They will be allowed to return to the original location after construction is declared complete. Vendor assistance will take the following steps:

(i) Step 1. Identification of impacted vendors based on detailed design by DSC social specialist and PID safeguards unit in coordination with contractor.

(ii) Step 2. Notify vendors at least 2-3 weeks in advance. Consult with local Vendor Associations if exist.

(iii) Step 3. Identify alternative location nearby for affected vendors to continue their business.

(iv) Step 4. Assistance by contractor to shift to new location. (v) Step 5. Assistance by contractor to return to original location after construction works

complete. 36. Cash compensation and other entitlements prescribed in the Entitlement Matrix (Table 5) will be provided to each AP before taking possession of the land/properties.20

APs will be provided with an advance notice of 60 days prior to possession being taken of the land/properties. After payment of compensation at replacement cost, APs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued clarifying that APs can salvage the materials. The EA/PMU will provide satisfactory evidences of payment of compensation and assistances for each section prior to commencement of civil works in the respective sections of a subproject. All compensation and assistance will be paid to APs prior to commencement of construction activities.

VI. CONSULTATION, PARTICIP ATION AND DISCLOSURE

A. Meaningful Cons ultations during Pro jec t prepara tion

37. The major key stakeholders who participated in consultations at various stages include Affected Households/Persons (AHHs/Ps); officials of GMDA, DC / officials from DC’s office and local Revenue officials. The opinions of the stakeholders and their perceptions were obtained during these consultations. Summary of social and environment consultation records are provided in Annexure 3. This approach adopted towards the formulation of the framework would be continued during the program implementation. 39. The consultation process established for the program employed a range of formal and informal consultative methods. Different techniques of consultation with stakeholders during project preparation, viz., in-depth interviews and group discussions etc. 40. Particular attention was paid to the need of the disadvantaged or vulnerable groups, especially those below poverty line, the landless, the elderly, female headed households (FHH), women and children, Indigenous People/ Scheduled Tribes, and those without legal title to land. B. Information Dis c los ure and RP Dis c los ure

20 The affected persons will hand over land and properties acquired free from all encumbrances such as mortgage, debt, etc. after compensation. However, in case there are loans on acquired land and properties such amounts will be deducted from the total compensation. The acquired land and properties shall vest in the Competent Authority paying compensation for such lands/properties. If the Competent Authority fails to pay decided compensation to affected persons within a year after the date of notification, additional amount by way of interest (12%) will apply on final compensation payable to each affected person, unless and except in cases where the affected person has approached the judiciary for grievance redress.

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41. Information will continued to be disseminated to APs at detailed design and RP implementation stage. The EA/PMU will be responsible for issue of public notice to acquire particular land/property for Subproject component along with program information/details. The notice will be published in local newspapers, twice within a week’s interval. The PIU along with local revenue officials/officials from DC’s office will also conduct meetings with APs in addition to the public notification to ensure that the information is given to all APs. 42. Each subproject RP will be disclosed to the affected community detailing information including measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule by the PIU. This will be done through public consultation and made available as brochures, leaflets, or booklets, using local languages. 43. A summary of the RP will be translated and made available to the affected persons. Hard copies of the resettlement plan will also be made available at: (i) Offices of the PMU and PIU; (ii) District Magistrate Office (iii) Block Development Officers’s Office (iv) any other local level public offices, as soon as the plans are available and certainly before land is acquired for the project. For non-literate people, other communication methods will be used. Electronic version of the Resettlement Plans will be placed on the official website of the State Government/PMU/IA and the official website of ADB after approval and endorsement of the RP by EA and ADB. 44. Electronic version of the RPs will be placed on the official website of the State Government/PMU/IA and the official website of ADB after approval and endorsement of the RP by EA and ADB.

VII. GRIEVANCE REDRESS MECHANISM

45. A project grievance redress mechanism (GRM) will be established to receive, evaluate and facilitate the resolution of affected people’s concerns, complaints and grievances about the social and environmental performance at the level of the Project. The GRM will aim to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the project. The grievance redress mechanism and procedure is depicted in Figure 1 below.

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Figure 2: Grievance Redress Mechanism

46. The PMU and PIUs will make the public aware of the GRM through public awareness campaigns. The contact phone number of the respective PIUs and the PMU will serve as a hotline for complaints and will be publicized through the media and placed on notice boards outside their offices and at construction sites. The project information leaflet will include information on the GRM and will be widely disseminated throughout the corridor by the safeguards officers in the PMU and PIUs with support from the NGO engaged to implement the CAPP. Grievances can be filed in writing using the Complaint Register and Complaint Forms (Appendix 2) or by phone with any member of the PMU or PIU.

47. First tier of GRM. The PIU is the first tier of GRM which offers the fastest and most accessible mechanism for resolution of grievances. The Resettlement Officer and Environmental Officer in each PIU will be designated as the key officers for grievance redress. Resolution of complaints will be done within seven working (7) days. At this stage, the Resettlement Officer and Environmental Officer will inform the Safeguards Compliance and Monitoring Unit (SCMU) in the PMU (PMU SCMU) for additional support and guidance in grievance redress matters. Investigation of grievances will involve site visits and consultations with relevant parties (e.g., affected persons, contractors, traffic police, etc.). Grievances will be documented and personal details (name, address, date of complaint, etc.) will be included unless anonymity is requested. A tracking number will be assigned for each grievance, including the following elements:

(i) Initial grievance sheet (including the description of the grievance) with an acknowledgement of receipt given to the complainant when the complaint is registered; (ii) Grievance monitoring sheet with actions taken (investigation, corrective measures); (iii) Closure sheet, one copy of which will be handed to the complainant after he/she has agreed to the resolution and signed-off.

48. The updated register of grievances and complaints will be available to the public at the PIU office, construction sites, and other key public offices along the project corridor (offices of

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the pourashavas and union parishads). Should the grievance remain unresolved it will be escalated to the second tier.

49. Second Tier of GRM. The Resettlement Officer and Environmental Officer in each PIU will activate the second tier of GRM by referring the unresolved issue (with written documentation) to the PMU SCMU who will pass unresolved complaints upward to the Grievance Redress Committee (GRC)21

50. The PMU SCMU Officers will be responsible for processing and placing all papers before the GRC, maintaining database of complaints, recording decisions, issuing minutes of the meetings and monitoring to see that formal orders are issued and the decisions carried out.

. The GRC will be established by PMU SCMU before commencement of site works. A hearing will be called with the GRC, if necessary, where the affected person can present his/her concern/issues. The process will facilitate resolution through mediation. The local GRC will meet as necessary when there are grievances to be addressed. The local GRC will suggest corrective measures at the field level and assign clear responsibilities for implementing its decision within fifteen (15) working days. The contractor will have observer status on GRC. If unsatisfied with the decision, the existence of the GRC will not impede the complainant’s access to the Government’s judicial or administrative remedies.

51. Third tier of GRM. In the event that a grievance cannot be resolved directly by the PIUs (first tier) or GRC (second tier), the affected person can seek alternative redress through the union Parishad or ward committees or in the appropriate court of law. The PIUs or GRC will be kept informed by the district, municipal or national authority.

52. The monitoring reports of the resettlement plan implementation will include the following aspects pertaining to progress on grievances: (i) number of cases registered with the GRC, level of jurisdiction (first, second and third tiers), number of hearings held, decisions made, and the status of pending cases; and (ii) lists of cases in process and already decided upon may be prepared with details such as Name, ID with unique serial number, date of notice, date of application, date of hearing, decisions, remarks, actions taken to resolve issues, and status of grievance (i.e., open, closed, pending).

53. Costs: All costs involved in resolving the complaints (meetings, consultations, communication and reporting / information dissemination) will be borne by the PMU.

VIII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION

54. GoA’s Guwahati Development Department (GDD) will be the executing agency (EA) for Guwahati. A state-level PMU, headed by a full-time Project Director (PD), will be established which will be in-charge of overall execution and technical supervision, monitoring, and financial control of all activities under the project.

21 The GRC will consist of the following persons: (i) Project Director; (ii) representative of the affected person(s); (iv) representative of the local Deputy Commissioners office (land); and (v) representative of APCB (for environmental-related grievances). The functions of the local GRC are as follows: (i) resolve problems quickly and provide support to affected persons arising from various environmental issues and including dust, noise, utilities, power and water supply, waste disposal, traffic interference and public safety as well as social and resettlement related issues such as land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) reconfirm grievances of displaced persons, categorize and prioritize them and aim to provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC.

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City Level Committees (CLCs) will be constituted in Guwahati for finalization of scope of works and overseeing the implementation of works and removing various bottlenecks at the local level in this subproject. Project Implementation Units (PIUs) dedicated exclusively to the project would be set up Guwahati. The PIUs will be headed by a senior technical officer and assisted by qualified and experienced officers seconded from ULBs, finance and other line departments. The PIUs will be responsible for the day-to-day activities of project implementation in the field and will be under the direct administrative control of the PMU.

55. The PMU will have an Safeguards Compliance and Monitoring Unit (PMU SCMU) to ensure mitigation of negative environmental and social impacts due to the subproject, if any. The PMU will be responsible for the following:

• Appointing Project Support Consultants, community awareness consultants, and R&R implementing NGO/agency, where required;

• Overall responsibility for implementation of R&R activities of the Plan; • Responsible for land acquisition and R&R activities in the field; • Ensure availability of budget for R&R activities; • Ensure timely disbursement of compensation and assistance to the APs in close

coordination with the concerned line department • Liaison with district administration for land acquisition and implementation of R&R;

56. The PMU SCMU will have a Safeguards Compliance and Monitoring Officer (PMU SCMO) who will have the following responsibilities: (i) address social safeguards issues; (ii) implement the RF/IPF; (iii) liaison with district administration for land acquisition and RP implementation (iv) monitor implementation of safeguards plans (RP/IPPs); (v) guide the PIUs as and when necessary; and (vi) endorse/submit periodic monitoring reports22

57. The PMU will be assisted by PMC Safeguards Specialist (PMC SS). The PMC SS will (i) review and finalize all reports in consultation with the PMU SCMO; (ii) provide project management support, (iii) assure the technical quality of design and construction, (iv) prepare RP/IPP reports; and (iv) provide advice on policy reforms. In addition, the PMC Resettlement Specialist (RS) will assist the PMU on the procurement needs and other project implementation aspects and shall play a central role in ensuring capacity building on resettlement management of the PMU, NGO, and line departments through capacity development support and training.

received from PMC to the PMU PD, who will then submit these to ADB. The PMU will seek GoA clearance for submission and disclosure of the social and resettlement monitoring report to ADB. It will also coordinate with national and state agencies to resolve inter-departmental issues, if any.

58. The PIUs will each have a Resettlement Officer (RO) who will be responsible for implementation of this RP. The RO will undertake internal monitoring and supervision and record their observations throughout the Project period to ensure that the safeguards and mitigation measures are provided as intended. S/he will be responsible for (i) implementing and monitoring safeguards compliance activities, public relations activities, gender mainstreaming activities and community participation activities; (ii) coordinate with district administration and NGO for land acquisition and R&R aspects and address any problems and/or delays; (iii) monitor physical and financial progress on land acquisition and R&R activities; (iv) organise

22 The monitoring report will focus on the progress of implementation of the IEE/EIA and EARF, RP/RF and IPP/IPF, issues encountered and measures adopted, follow-up actions required, if any, as well as the status of compliance with subproject selection criteria, and relevant loan covenants.

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monthly meetings with the NGO to review the progress on R&R. PIUs will be adequately staffed within two months of loan approval.

59. A Resettlement Specialist will also be appointed as part of the DSC team to (i) update the existing RP based on the detailed design; (ii) assist in the monitoring and supervision of ongoing subprojects and RP implementation; (iii) prepare RP new subprojects, where required to comply with national law and/or ADB procedure; and (iv) ensure that this subproject meets safeguard requirements as agreed in the loan covenant and in line with this Resettlement Plan. Figure 2 shows the implementation arrangement for environment and resettlement safeguards.

Figure 2: Safeguards Institutional Arrangement

A. Ins titu tiona l Capac ity Development Program

60. This is the first ADB urban project in Guwahati therefore, the institutional capacity to implement projects in accordance with ADB safeguard requirements is limited.23

61. The PMC SCMO will provide training and capacity building program on resettlement management for the NGO/agency and other PIU staff on issues concerning - principles and procedures of land acquisition, public consultation and participation; entitlements and compensation disbursement mechanisms; Grievance Redressal and monitoring of resettlement operation. Specific modules customized for the available skill set shall be devised after assessing the capabilities of the target participants and the requirements of the Project.

The ULB also do not have social safeguards personnel, capacity to handle IR/IP impacts, gender and vulnerability issues. In this regard, the PMC will be responsible for training of PMU and PIUs staff on aspects such as resettlement planning/implementation, social protection and gender, including the specific recording, reporting and disclosure requirements.

23 At present, the Agency does not have dedicated human resource or institutional cadre to handle resettlement and social issues and it is mostly the technical team which handles Involuntary Resettlement issues. Other gaps identified comprised of a) limited capacity building and opportunities for capacity building on resettlement and b) social & resettlement handled in a project-centric manner and not institutionalised limited resource allocation.

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B. Implementa tion Schedule

62. It is likely that the overall project will be implemented over a year period likely to commence 6 months or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the PIU, GRC, and appoint DSC for resettlement implementation. Prior to implementation of resettlement and related activities an updation of AP list based on the final detailed design will be undertaken. 63. In line with the principles laid down in the Resettlement Framework for this MFF, the PMU and PIU will ensure that there is synchronization between the RP implementation activities as well as the subproject implementation. The PIU and DSC will ensure that no physical displacement or economic displacement of affected households will occur until (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; (ii) other entitlements listed in the RP are provided to the displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by adequate budget, is in place to help displaced persons, improve, or at least restore, their incomes and livelihoods. 64. Figure 3 below enumerates the Resettlement Plan implementation schedule.

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Figure 3: Implementation Schedule

PROJECT COMPONET/ACTIVITIES YEAR 2011 YEAR 2012 YEAR 2013 YEAR 2014 YEAR 2015 Q24

1 Q

2 Q3

Q 4

Q 1

Q 2

Q 3

Q 4

Q1

Q2

Q 3

Q 4

Q 1

Q 2

Q 3

Q 4

Q 1

Q 2

Q 3

Q 4

A. Project Preparation Phase Initial Poverty & Social Assessment (Completed) Census survey of the subproject (Completed) Preparation of LA Plan RP disclosure Establishment of PMU, PIU, GRC Appointment of DSC Final Detailed Design of the Water Supply subproject

Updating of AP list based on final detailed design Submission of RP based on final detailed design Review and approval of RP Information Campaign & Community Consultation B. LA Activity & RP implementation Publication of notification under the State LA Act - appointment of competent authority

Land Market survey Final List of AP & distribution of ID cards Determination of Compensation & issue of award by competent authority

Payment of compensation for Land & structures Payment of all other eligible assistance C. Monitoring and Evaluation Monitoring D. Project Construction Implementation of subprojects for 1st year/ Commencement of Civil Works

24 Q stands for Quarter

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IX. RESETTLEMENT BUDGET AND FINANCING

65. The following section comprises of the cost estimate for RP implementation. The cost estimate includes all the costs related to land acquisition, compensation, resettlement assistance, transport, monitoring and evaluation. The budget rates, as well as the costs, are based on field-level information and past experience in resettlement management and

will need to be updated following the detailed design. As a result the cost estimates included in this plan make adequate provision for contingencies (Ten per cent). The budget for land acquisition, compensation and assistance will be made available by the Executing Agency/PMU for this Project.

66. The rates for land, structures, and trees that have been used in the cost estimates prepared in this plan have been derived through rapid appraisal and consultation with affected households and relevant revenue authorities, recent property sale/transfer and acquisition in the establishing of the market value for various types of land. 67. In addition to the compensation for affected assets and property, the affected households will also be eligible for a range of assistance in order to ensure restoration of lives and livelihoods. Some such measures are as follows: -

(i) Shifting/Transfer grant: A lump sum transfer grant at the rate of Rs.10,000 per household for shifting household assets and other belonging to the new area. The cost has been worked out taking into account the average transport costs incurred in such transfers.

(ii) Transitional Assistance: Non-Titleholders loosing source of income/subsistence due to the subproject will be assisted with one time financial assistance based on minimum wage rate for semi-skilled labor for three months.

(iii) Income Generation Training: Training would be provided for income generating vocational training and skill improvement options as per APs choice @ Rs. 10,000 per family.

(iv) Additional assistance for vulnerable households: Vulnerable affected person will be given additional assistance of Rs.10,000 as lump sum.

68. Based on this, Table 6 lays down the total estimated project budget for the subproject, which is Rs. 58,317,147 (USD 1,291,059). Table 6: Estimate Budget for Guwahati Water Supply Subproject

S.No. Items Unit Unit Rates (INR) Quantity Amount

(INR)

1 Compensation for Loss of Land

a Pvt. Vacant Ha 37,500,000/ha 3.2 ha 120,000,000

Sub total Rs. 120,000,000

2 Compensation for Structure and trees

a Semi – Permanent Sq.mt. 471/sq mt. 127.23 sq. mt 59,925

b Trees Lump - - 25,000

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sum

Sub total Rs. 84,925

3 Resettlement cost and assistance

a

One-time financial assistance for lost income based on minimum wage rate for semi-skilled labor for three months to 1 affected household

One-time

10,000/ household 1 household 10,000

b One time Shifting assistance for shifting household assets and other belonging

One time

10,000/ household 4 households 40,000

c Additional assistance to 4 Vulnerable households

One-time

10,000/ household 4 households 40,000

Sub total Rs. 90,000

A. TOTAL (Compensation & Assistance) Rs. 120,174,925

4 Cost of Implementation of RP

b Monitoring and Impact Evaluation Lump sum 400,000 0.5 200,000

c Costs involved in resolving grievances

Lump sum - - 25,000

B. Sub total Rs. 225,000

5 Contingency

a. 10 % of the total budget i.e. A + B 10% - - 12,039,992

C. Sub-total Rs. 12,039,992

Grand Total (A + B + C) in INR Rs. 132,439,917 In USD USD 2,932,033*

* At the rate of 1 USD = INR 45.17 69. The PIU and DSC, in consultation with the appropriate Revenue officers, will prepare all the necessary plans and the cost for the land acquisition and resettlement. The approved cost will be allocated in advance in the annual budget of the project authority. All the costs for necessary assistances will also be allocated in advance by the IA and will be disbursed prior to the start of the civil work. 70. The disbursement of money to the APs for land acquisition will be carried out by the District Magistrate/ Commissioner’s office. The amount will be calculated by the project authority through its land acquisition officer (LAO) from the Revenue Office. The IA in the district magistrate’s office and the disbursement carried out by the district administration will deposit the approved amount. The PIU will deposit the amount at respective district jurisdictions and the district administration will disburse the money to APs as per the Law and Ministry procedures. 71. However, in the case of assistance and other rehabilitation measures, the PIU will directly pay the money or any other assistance as stated in the RP to APs by means of a cheque payment into individual accounts of the APs. The RO will be involved in facilitating the

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disbursement process and rehabilitation program and will facilitate opening of bank accounts for the APs, who do not have bank accounts.

X. MONITORING AND REPORTING

12. The safeguards staff within the PMU will monitor RP implementation with support from the PMC, DSC, and CDTA external safeguards monitoring expert. The PIU Resettlement Officers will prepare quarterly progress reports and submit to the PMU. The PMU will prepare semiannual monitoring reports and submit to ADB. The NGO will prepare quarterly progress reports to PIUs and PMUs to inform on resettlement plan implementation activities for subprojects with significant impacts, such as the proposed BRT subproject in Tranche 2. These reports will describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. These reports will closely follow the involuntary resettlement monitoring indicators agreed at the time of resettlement plan approval. Sample monitoring indicators are in Appendix 3. 23. Furthermore, a Capacity Building Technical Assistance (CDTA) has been included under the ADB loan to assist GoA/ UDD/ GMDA in creating a suitable institutional and policy environment. The CDTA includes an external safeguards compliance and monitoring expert to review safeguards monitoring reports and to submit independent monitoring reports to ADB. The key responsibilities of the external safeguards monitoring expert hired under the CDTA shall include the following:

1. Conduct semi-annual project monitoring missions. 2. Verify resettlement and environmental monitoring information for the project in

accordance with the Resettlement Plans. 3. Ensure timely disbursement of entitlements to the affected persons prior to initiation of

civil works, 4. Monitor the resettlement safeguard compliance issues in Resettlement Plan. 5. Assess the overall implementation approach, process and outcome of the RP, and

provide inputs to the PMU for taking corrective actions to resolve any issues. .

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APPENDIX 1: LIST OF AFFECTED PERSONS IN WATER SUPPLY SUBPROJECT

AP

Code

Location

Name of the Respondent

Relation with the

household head

Name of the Village

Name of the Household

Head

Social Group

Type of Loss

Title Status

Name of the Registration

holder

Living

status of Registered Title Holder

Part of Asset

getting affected

KG/R1 KENDUGURI DILIP TANTI SELF KENDUGURI DILIP TANTI OBC RESIDENTIAL+TREES

Non-Titleholder NA

NA

Main

Structure

KG/R2 KENDUGURI MUKUND ABSENT KENDUGURI MUKUND ABSENT RESIDENTIAL

Non-Titleholder NA

NA

Main

Structure

BS/R1 BASISTHA LAHESWAR DAS SELF BIJOYPUR LAHESWAR DAS OBC RESIDENTIAL

Non-Titleholder

NA

NA

Main Structure

BS/R2 BASISTHA KUSAL HALOI BROTHER BIJOYPUR

PULAN HALOI

GENERAL RESIDENTIAL

Non-Titleholder NA

NA

Main

Structure

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APPENDIX 2: SUMMARY OF CONSULTATIONS

GUWAHATI WATER SUPPLY: PUBLIC CONSULTATION 1. Location: GOPAL NAGAR

No. of People: 10 (6 FEMALE & 5 MALE) Date: 08-05-11 Profile of the people consulted: Local Residents and Community members

Key Issues discussed:

A. General 1. No. of Households:

Approx. 1000 households live in and around the area

2. Socio-economic profile of the households/inhabitants in the community:

The community mainly comprises of middle-income group households mainly engaged in government service, private service and/or into wage labour work.

3. Awareness and extent of the Project and development components:

The interactions with the community brought forth that they were somewhat aware of the Project. They shared that they have been approaching the local government department from time to time to share the water problem in the area. The department in the past assured them of such a Project to improve water service provisions in the area.

4. Perceptions and view of the local community on the Project – Project Relevant or not?

The People in the Project areas greatly appreciated the Project and voiced it as relevant. As per them, drinking water is a major issue in the area, particularly in the summer months. There is no piped supply and most people are dependent upon wells for water. Apart from water scarcity, the community experiences frequent water borne diseases in absence of piped water supply.

5. What will be the benefits of the Project for the economic and social upliftment of the Community?

The community shared that the most important benefit of the project would be easy availability of clean drinking water within the comfort of their homes. The project as per the community will have both social and economic benefits - in terms of improved health, reduction in diseases, less time spent in collecting water etc thereby contributing towards both the household and community development.

6. What is the nature of Drinking water problem in the There is no piped supply and most

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community at present?

people are dependent upon wells for water. Some also shared facing scarcity of drinking water particularly in the summer months.

7. Land title status:

The community confirmed that the identified land for storage reservoir belongs to the government.

B. Resettlement & Rehabilitation 8. In case of adverse impacts – what assistance to they

expect/should be provided to them from the government?

NA

9. In case of displacement – rehabilitation options? Where will they resettle? Project- supported or self-relocate? What assistance/support they require from Project end? If opting for project-supported resettlement, where can they be resettled – relocation site options?

NA

C. Environment – related questions: 10. Labor availability in the Project area or requirement of

outside labor involvement. The community shared that wage labour is an occupation of some of the households in the community who can in turn provide the labour, if needed.

11. Current water logging and drainage problem, if any.

There is no proper drainage provision in the area, leading to water logging during rainy season.

12. Forest and sensitive areas nearby the Project sites:

None

13. Movement of wild animal/s within the village/community.

NONE

2. Location: JONAKI NAGAR Date/s: 8-05-2011

No. of People: 8 (8 MALES) Profile of the people consulted: Local Residents and Community members

Key Issues discussed: A. General 1. No. of Households:

Approx. 200-250 Households


The community mainly comprises of middle-income group households mainly engaged in government and/or private service.


The community was not aware of the Project and had only noted the time-to-time visits by the local PHED department.


The Community was extremely positive and enthusiastic about the Project development and rated the

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project as highly relevant and useful for the local community leading to better health and improved quality of life for the residents.


As per the community, the key benefit of the Project will be availability of clean drinking water in their area, which is presently a concern.

6. What is the nature of Drinking water problem in the community at present?

The community members shared that at present they get water for use from ringwells, which is not of good quality and also has iron in it.


Private as well as government land



No household will get affected in the area as a result of the Project as site identified for the storage reservoir comprises of forestland.


NA


outside labor involvement. The community shared that wage labour is available in the area, if required.


There is no proper drainage provision in the area. Nonetheless, the area does not experience any water logging as it is located on a hilly terrain on a hill top.


The site identified for the storage reservoir comprises of Forestland.


NONE

3. Location: JYOTI NAGAR (NEAR JYOTI NAGAR GIRLS HIGH SCHOOL)

Date/s: 11-05-2011 No. of People: 10 (7 MALES 3 FEMALES) Profile of the people consulted: Local Residents and Community members

Key Issues discussed:

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A. General 1. No. of Households:

Approx. 400-500 Households


The community mainly comprises of middle-income group households mainly engaged in private service and/or business for sustenance of their livelihood.


During the interactions with the community, the community members shared that they had heard a lot about this Project for sometime now. They shared that there was a survey done in the past, which familiarized them with the Project. Also they have been approaching the local government department from time to time to share the water problem in the area. The department in the past assured them of such a Project to improve water service provisions in the area.


The Community was extremely positive and enthusiastic about the Project development and rated the project as highly relevant and useful for the local community leading to better health and improved quality of life for the residents.


The community members shared that water is the elixir of life and it is difficult to imagine life without provision of water. The Project by making available water in the area will improve the quality of life of the local people manifold. The community voiced clean drinking water as their top priority and thus rated the Project as highly relevant.


The community members shared that at present they get water for use from ringwells and handpumps.


The land identified for the storage reservoir site comprises of government land


expect/should be provided to them from the No household will get affected in the area as a result of the Project

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government? as site identified for the storage reservoir comprises of government land, free of any encumbrances.


NA






NONE


NONE

4. Location: KENDUGURI Date/s: 10-05-2011

No. of People: 10 (6 FEMALE & 5 MALE) Profile of the people consulted: Local Residents and Community members




The community mainly comprises of middle-income group households mainly engaged in government service, private service and/or into wage labour work.


The interactions with the community brought forth that they were somewhat aware of the Project as a result of the past surveys undertaken in the area by government department.


The People in the Project areas greatly appreciated the Project and voiced it as relevant. As per them, drinking water is a major issue in the area, particularly in the summer months. There is no piped supply

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and most people are dependent upon wells for water. Apart from water scarcity, the community experiences frequent water borne diseases in absence of piped water supply.




There is no piped supply and most people are dependent upon wells for water. Some also shared facing scarcity of drinking water particularly in the summer months.


The community confirmed that the identified land for storage reservoir comprises of Forestland.



Two non-titled households will incur impacts on residential structures thereby displacing them.


The community members shared that the affected households are vulnerable and do not have alternate land for resettlement and hence it would be good if the government could provide the households with alternate land for relocation.




The area does not experience any water logging as it is located on a hilly terrain on a hill top.

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The site identified for storage reservoir site comprises of forest land.


NONE

5. Location: NABJYOTI NAGAR Date/s: 11-05-2011

No. of People: 15 (9 FEMALES 6 MALES) Profile of the people consulted: Local Residents and Community members


Approx. 500 Households


The community mainly comprises of middle-income group households mainly engaged in government and/or private service and some households in wage labour.


The community was aware of the Project and had heard of it during the time-to-time visits by the local PHED department.


The Community was extremely positive and enthusiastic about the Project development and rated the project as highly relevant and useful for the local community leading to better health and improved quality of life for the residents.


As per the community, the key benefit of the Project will be availability of clean drinking water in their area, which is presently a concern.


The community members shared that at present they get water for use from ringwells, which is not of good quality and also has iron in it.



No household will get affected in the area as a result of the Project as site identified for the storage reservoir comprises of forestland.

21. In case of displacement – rehabilitation options? Where will they resettle? Project- supported or self-relocate? What assistance/support they require from Project

NA

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end? If opting for project-supported resettlement, where can they be resettled – relocation site options?






The site identified for the storage reservoir comprises of Forestland.


NONE

6. Location: BASISTHA Date/s: 09-05-2011

No. of People: 9 ( 7 MALE + 2 FEMALES) Profile of the people consulted: Local Residents and Community members




The community mainly comprises of mixed social groups both Assamese and migrant households from Manipur, Bihar etc. The households are mainly engaged in small businesses and wage labour work.


The interactions with the community brought forth that they were somewhat aware of the Project. The frequent visits made by the local officials to the site familiarized them with the Project plans.


The People in the Project areas greatly appreciated the Project and voiced it as relevant. As per them, drinking water is a major issue in the area, particularly in the summer months. There is no piped supply and most people are dependent upon the stream for water. Apart from water scarcity, the community

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experiences frequent water borne diseases in absence of piped water supply.




There is no piped supply and most people are dependent upon the stream for water. Some also shared facing scarcity of drinking water particularly in the summer months.


The community confirmed that the identified land for storage reservoir belongs to the government.



Two non-titled households will incur impacts on residential structures thereby displacing them.


The community members shared that the affected households are vulnerable and do not have alternate land for resettlement and hence it would be good if the government could provide the households with alternate land for relocation.




There is no proper drainage provision in the area, leading to water logging during rainy season.


Forest is located within 100 mts of the area

39. Movement of wild animal/s within the NONE

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village/community.

The list of community members consulted during the course of the census and socio-economic survey are listed below:

S.No. NAME PLACE DISTRICT 1 JAGANNATH NATH GOPAL NAGAR KAMRUP 2 GIRISH CHANDRA GOPAL NAGAR KAMRUP 3 ATUL KALITA GOPAL NAGAR KAMRUP 4 KUKAN BORA GOPAL NAGAR KAMRUP 5 GEETANJALI DEKA JONAKI NAGAR KAMRUP 6 BHABESH KALITA JONAKI NAGAR KAMRUP 7 APURVA SHARMA JONAKI NAGAR KAMRUP 8 KRIROBARABHA JONAKI NAGAR KAMRUP 9 MAN0NKATILA KENDUGURI KAMRUP

10 PANKAJ DEKA KENDUGURI KAMRUP 11 MONIKA LETA KENDUGURI KAMRUP

12 PUNJABARI NAVIJAOITOY NABAJYOTI NAGAR KAMRUP

13 SRI TARUN PHUKAN NABAJYOTI NAGAR KAMRUP 14 PARANA SHARMA JYOTI NAGAR KAMRUP 15 P. CHAKRABORTI JYOTI NAGAR KAMRUP 16 KUSAL HALOI BIJOYPUR (BASISTHA) KAMRUP 17 LAHESWAR DAS BASISTHA BIJOYPUR KAMRUP 18 DILIP TANTI BASISTHA BIJOYPUR KAMRUP 19 LAHESWAR DAS BASISTHA BIJOYPUR KAMRUP 20 KUSAL HALOI BASISTHA BIJOYPUR KAMRUP

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APPENDIX 3: MONITORING INDICATORS AND SAMPLE FOR STATUS REPORT

S. N. Resettlement and Rehabilitation Activities Progress Remarks Pre Construction Activities and R&R Activities

1 Assessment of Resettlement impacts due to changes in project design (If required)

2 Preparation/ updating of Resettlement Plan based on changes in project design

3 Approval of updated Resettlement Plan from ADB 4 Disclosure of updated Resettlement Plan 5 Establishment of Grievance Redressal Committee 6 Capacity building of PMU and PIUs Verification of APs Census list; finalization of compensation and

assistance

7 Land Acquisition completed Resettlement Plan Implementation

1 Payment of Compensation as per replacement value of land & assets to APs

2 Disbursement of assistance to title holders 3 Disbursement of assistance to non-title holders 4 Disbursement of special assistance to Vulnerable groups 5 Replacement/ shifting of community property resources 6 Reinstallation of public utilities 7 Records of Grievance Redressal 8 Temporary Relocation of Hawkers and Vendors 9 Income Restoration Measures through training

Social Measures during Construction as per Contract Provisions 1 Prohibition of employment or use of children as labour 2 Prohibition of Forced or Compulsory Labour 3 Ensure equal pay for equal work to both men and women 4 Implementation of all statutory provisions on labour like health,

safety, welfare, sanitation, and working conditions

5 Maintenance of employment records of workers

Documents

Draft RP: India: Guwahati Water Supply Subproject, Assam ... · PDF fileThe Assam Urban Infrastructure Investment Program ... also detailed in the esettlement r plan. Where land compensation