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Social Monitoring Report
Project No. 44167-014 Semiannual Report (July – December 2017) December 2017
Flood and Riverbank Erosion Risk Management Investment Program - Project 1
Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
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 the People's Republic of Bangladesh
Bangladesh Water Development Board
Flood and River Bank ErosionRisk Management Investment Program
ADB Loan Number: 3138 BAN (SF)
Semi-Annual Social Safeguard Resettlement Monitotring Report
Period: July 2017- December 2017
Government of the People’s Republic of Bangladesh
Bangladesh Water Development Board
Flood and Riverbank Erosion Risk Management Investment
Program
Semi-Annual Social Safeguard Resettlement Monitotring
Report
Tranche 1
Period: July 2017- December 2017
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Executive Summary
This fourth Semi-annual Social Safeguard Resettlement Monitoring Report for Flood and Riverbank Erosion Risk Management Investment Program (FRERMIP) has been prepared to fulfill the safeguard policy requirement of ADB. FRERMIP resettlement programme has been harmonized with ADB’s Safeguard Policy Statement (SPS 2009). The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time bound action plans with measures to restore or improve livelihood and income of those affected by development projects. Since the 1982 Ordinance of the Government falls short of the reqirements of the ADB’s safeguard policies on many grounds, the project land acquisition and resettlement policy has been harmonized with ADB’s SPS. The harmonization was carried out a gap analysis involving the 1982 Ordinance-II and the ADB’s Safeguard Policies and gap filling measures. The harmonization has also benefited from the Bangabondhu Jamuna Brigde and Jamuna-Meghna River Erosion Mitigation Project (JMREMP) “best practice” in resettlement. The harmonized policy forms the basis for preparation of social safeguard plans for various components of the project. As a part of implementation of the FRERMIP, a number of interventions have been planned in three (3) tranches. The Tranche-1 is being implemented and the main components of tranche-1 are: Riverbank Protection work at Chauhali of Sirajgonj district: 7.2 km (incl. end termination); Riverbank Protection work at Zaforgonj of Manikgonj district: 2.00 km; Riverbank Protection work at Harirampur of Manikgonj district: 8.80 km; Construction and Rehabilitation of Embankment from Kaijuri to Hurasagar of Sirajgonj district and Pabna district: 23 km; A Resettlement Framework (RF) had been developed during PPTA study wich was subsiquiently concurred by ADB and approved by Government of Bangladesh as well. The primary objective of the Resettlement Framework is to provide guidance in:
i) Project resettlement planning on policy and entilements, ii) Resettlement planning for possible project impacts, iii) Resettlement planning for any unanticipated impacts, particularly during project
construction;
The RF sets out the policy and procedures to be adopted by Bangladesh Water Development Board (BWDB) for revising and updating any RPs during project implementation. The RF stipulates payments of compensation as per the assessed value of the land and structure to the affected persons (APs). In addition to compensation paid by the concerned Deputy Commissioner (DC), the APs will receive:
▪ additional assistance in cash or kind to match replacement cost (RC) which is the difference between the market value and the assessed value for lost assets (land, houses and trees);
▪ transaction costs such as stamps/registration costs (in case of purchase of replacement land);
▪ and other cash grants and resettlement assistance such as shifting and reconstruction grant; ▪ resettlement benefit for loss of workdays/income due to dislocation.
The socio-economically vulnerable households namely female-headed households without grown up male in the household; households below poverty line (as per recent BBS household survey), households headed by disabled; elderly people and those losing more than 10% of income from acquisition will be given additional cash assistance for relocation. The resettlement framework is on process of amendment as suggested by ADB to give weight to ADB SPS (2009) Policy over Bangldesh Govt Land Acquisition Act or Rules for compensation.
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The implementing NGO is providing all the technical supports to the PVAT to assess the market price through an independent agency and recommend the RC of assets to the Project Director of the PMO for approval. BWDB will pay the difference between the approved RC and the DC payments under the 1982 Ordinance-II. In addition, APs will be allowed to take away all the salvageable materials free of cost if the new RF is approved. The local Grievance Redresses Coommittee (GRC) shall review and resolve grievance within one month of receiving any complaints and will maintain written records of all the appeals received. BWDB is the project owner and executing agency (EA) of the project so that a Project Management office (PMO), headed by a Project Director (PD) has been set up within BWDB for execution of the Project. A senior Executive Engineer under PMO is given charge for Chief Resettlement Officer (CRO) who is responsible for implementation of RP - disbursement of compensation through DC and resettlement benefits through its own staff in the PMO. The concerned field division of BWDB, headed by an Executive Engineer, act as field office in favour of Project Director (and CRO). The principal functions of the field offices are to facilitate land acquisition and implement the resettlement program with assistance from a NGO experienced in resettlement activiteis. For this project (tranche 1) BWDB engaged Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) for implementation of the Resettlement plan. An agreement was signed between the Bangladesh Water Development Board (BWDB) and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. The VRDS in association of HCL activated the Central office and field offices for INGO services and started work from April 01, 2016.
This Semi-annual Safeguard Resettlement Monitoring Report is prepared to provide current project information and summary of the activities performed. This report reflects the progress of key activities during last six months.
The engaged INGO for implementation of resettlement issues of the project, started work including identification of the project affected people through socio-economic survey and updating of the assets lost due to land acquisstion.
As per project interventions 5 (Five) Resettlement Plans have been prepared for the Tranche-1 of the program, those are:
Sl.No. Particulars Date of submission Date of Approval
1 RP for Embankment with construction of regulators-23 km
Corrected version of RP submitted on November 27, 2017
15th of November 2017 with some conditions
2 RP for riverbank protection work at Chauhali-7.2 km
Revised RP submitted on 04/03/17
RP approved by ADB on 23/04/17
3 RP for riverbank protection work at Zaforgonj-1.40 km
Revised RP submitted on 15/01/17
RP approved by ADB on 05/02/17
4 RP for riverbank protection work at Zaforgonj-0.60 km
Revised RP submitted on 10/03/17
RP approved by ADB on 10/04/17
5 RP for riverbank protection work at Harirampur-8.8 km
Revised RP submitted on 07/12/2017
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The status regarding issuance of land acquisition notices, resettlement grants distributed and CCL received is briefly shown below, the details for each area is detailed in the main report in tables 4, 5 and 6.
Areas LAP /approved Notice issued Grant distributed CCL received
Zafarganj (1.4 km) RBP Complete/approved on 16/2/17
u/s 3, 6, 7 Received by nearly all
None
Zafarganj (0.6 km) RBP Complete/approved on 10/4/17
u/s 3, 6, 7 Received by majority
One
Chauhali RBP Complete/approved on 15/3/17 (Sirajganj and 22/2/17 (Tangail)
u/s 3, 6, Received by majority
None
HarirampurRBP Submitted to DC on 27/12/17
u/s 3 under process
Not started None
Kaijuri EMB Complete/approved on 14/1/15
u/s 3, 6, Not started None
During the last 6 months, two ADB social safeguard missions (November and December) reviewed
the progress of implementing correctives measures formulated during the first ADB safeguard
mission in June 2017 due to non-compliance with ADB resettlement policy.
An External Monitoring Agency (EMA) is to be appointed by the PMU to carry out the external M&E and reporting of the implementation of the RP. The scope of the external monitoring will cover compliance monitoring and social impact evaluation of RP implementation. The RP implementation has already started and the appointment of an EMA is at final stage.
The INGO as per contract is supposed to prepare a monthly report for the PMU about their activities regarding land acquisition and resettlement in the field, the delivery of the monthly report has improved but still need serious improvement about accuracy of information and timely submission. Further new format for monthly report has been suggested.
The field division and resettlement unit in PMO is supervising and monitoring the works of the INGO and convined regular meeting with INGO and consultants. During the 6 months period, 6 meetings were held between PMO/SMO/INGO and ISPMC and meetings minutes were circulated to follow and monitor the implementation progress.
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Abbreviations and Acronyms ADB : Asian Development Bank
APs : Affected Persons
BWDB : Bangladesh Water Development Board
CCL : Cash Compensation under Law
DC : Deputy Commissioner
DDM : Department of Disaster Management
DP : Displaced Person
EP : Entitled Person
EP : Eligible Person
GOB : Government of Bangladesh
GRC : Grievance Redress Committee
HH : Household
INGO : Implementing Non-Government Organization
JVT : Joint Verification Team
LRP : Land Resettlement Plan
NGO : Non-Government Organization
PD : Project Director
PMO : Project Management Office
PVAT : Property Valuation Advisory Team
RB : Resettlement Benefit
RC : Replacement Cost
RC : Resettlement Cost
RC : Resettlement Coordinator
RF : Resettlement Framework
ROW : Right of Way
RP : Resettlement Plan
SDE : Sub-Divisional Engineer
SMO : Sub-Project Management Office
TOR : Terms of Reference
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Glossary of Terms Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on
account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right,
title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land),
water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely
affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or
residence, or habitat adversely affected, with physical or economic displacement.
Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and
above the compensation for lost assets.
Awardees: mean the person with interests in land to be acquired by the project after their ownership of said
land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in
other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’
through notification under Section 7 of the Land Acquisition Ordinance.
Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at
replacement cost at current market value.
Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be
considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is
considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the
census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits.
Displaced Person (DP): includes any person, households (AHs), firms or private institutions who, on account of
changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or
interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water
resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely
affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or
residence, or habitat adversely affected, with physical or economic displacement.
Encroachers: mean those people who move into the project area after the cut-off date and are therefore not
eligible for compensation or other rehabilitation measures provided by the project. The term also refers to
those extending attached private land into public land or constructed structure on public land for only renting
out.
Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income
restoration assistance, transfer assistance, income substitution, and business restoration which are due to
AHs, depending on the type and degree /nature of][\their losses, to restore their social and economic base.
Household: A household includes all persons living and eating together (sharing the same kitchen and cooking
food together as a single-family unit).
Inventory of losses: mean the pre-appraisal inventory of assets as a preliminary record of affected or lost
assets.
Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and
includes people using private or public land without permission, permit or grant i.e. those people without legal
title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot
be denied resettlement assistance.
Relocation: means displacement or physical moving of the DPs from the affected area to a new area/site and
rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-
establishing income, livelihoods, living and social systems.
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Replacement cost: means the value of assets to replace the loss at current market price, or its nearest
equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without
deduction of transaction costs or for any material salvaged.
Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of
access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition.
Squatters: mean the same as non-titled and includes households, business and common establishments on
land owned by the State. Under the project this includes land on part of the crest and slopes of flood control
embankments, and similar areas of the drainage channels.
Structures: mean all buildings including primary and secondary structures including houses and ancillary
buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses,
fences, and walls, tube wells latrines etc.
Vulnerable Person: The vulnerable group/persons may include (i) persons below nationally defined poverty line; (ii) indigenous people or adibasis; (iii) poor women-headed households; (iv) landless and marginal farmers; (v) people with disability (vi) elderly; (vii) people without legal title to land; (viii) any other groups or persons found to be disproportionately affected by project impacts.
viii | P a g e
Table of Contents Executive Summary ...................................................................................................................... ii
Abbreviations and Acronyms ........................................................................................................ v
Glossary of Terms ....................................................................................................................... vi
1. Project Background ............................................................................................................. 10
1.1. Background ..................................................................................................................................... 10
1.2. Objectives: ...................................................................................................................................... 10
2. Project Description ............................................................................................................. 11
2.1. FRERMIP Location and Area ............................................................................................................ 11
2.2. Project Interventions ...................................................................................................................... 11
2.3. Project Implementation Arrangements .......................................................................................... 14
3. Social Safeguard Policies ..................................................................................................... 15
3.1. Resettlement Framework (RF) and Entitlement Matrix .................................................................. 15
3.2. Government Order for JVT, PVAT & GRC ........................................................................................ 15
3.3. Engagement of an External Monitoring Agency ............................................................................. 16
4. Implementation of the Resettlement Plan ........................................................................... 16
4.1. Engagement of INGO ...................................................................................................................... 16
4.2. Project Interventions and Land Requirement ................................................................................. 17
4.3. Resettlement implementation ........................................................................................................ 17
4.4. Land Acquisition and Resettlement Issues: ..................................................................................... 22
4.5. Grievance Redress Mechanisms ..................................................................................................... 26
4.6. Steps of Land Acquisition Process ................................................................................................... 27
4.7. Potential Monitoring Indicators for Sub-Reach .............................................................................. 29
4.8. Activities of Implementing NGO...................................................................................................... 30
4.9. ADB social safeguard missions ........................................................................................................ 31
4.10. MIS progress and status ................................................................................................................. 31
5. Conclusions and Recommendations..................................................................................... 32
List of Tables
Table 1: The Progress of physical works of FRERMIP as on December 2017 ....................................... 13
Table 2: Project Location and Land requirement ................................................................................. 17
Table 3: The overall physical progress of resettltment ........................................................................ 18
Table 4: Statusof Payment of Compensation for sub-reach as per Resettlement Plan........................ 23
Table 5: On going monitoring and Action Plan for Land Acquisition & Resettlement Process ............ 24
Table 6: Types of Affected Person under Resettlement Plan .............................................................. 25
Table 7: Monitoring Indicators for Sub-Projects ................................................................................... 29
Table 8: Status of the Stakeholders Meetings ...................................................................................... 30
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List of Figures
Figure 1 : Grievance Redress Flow Chart .............................................................................................................. 26
Figure 2: Land Acquisition Flow Chart .................................................................................................................. 27
List of Maps
Map 1: Shows the locations of proposed interventions during Tranche 1 ........................................................... 11
Map 2: Tranche 1 Interventions ........................................................................................................................... 12
List of Annexes
Annex 1: Project Entitlement Matrix (AS PER UPDATED RF) ................................................................................. 33
Annex 2 : Government Order for JVT, PVAT & GRC............................................................................................... 41
Annex 3: Pictoral Views ........................................................................................................................................ 44
Annex 4: correctives measures ............................................................................................................................ 46
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1. Project Background
1.1. Background The Government of Bangladesh has undertaken a project named ‘Jamuna-Meghna River Erosion Mitigation Project (JMREMP)’, in 2001 with the financial and technical assistance of ADB with dual purposes. Firstly to mitigate bank erosion at PIRDP and MDIP with sustainable and cost effective protection works; secondly, to develop a framework for sustainable erosion risk management system to be applied elsewhere in the country. Over the extended implementation period from 2002 to 2011, both the MDIP and PIRDP could be provided with the sustainable erosion protection works at locations identified during project preparation. Over and above these, additional length which more than original protection length could be provided at both the project area, with original cost estimate. This is due to development of low cost protection system parallel to providing building bank protection works at affected locations. Over the period of initial 4 years, through trial, supported by laboratory tests, the project finalized a bank protection system that has proved to be cost effective and sustainable. The project has developed the concept of phased planning and implementation to adapt to changing river condition known as adaptive management. The most important development of the project is a special method of construction of underwater revetment by dumping sand filled geo-textile bags from positioned barges. All these made the JMREMP protection works low cost and sustainable. On successful implementation of JMREMP with low cost riverbank protections ADB came forward for similar nature of bank protective projects along the main rivers Jamuna, Ganges and Padma. FRERMIP aims to modify the flood season hydrology of a very large area of floodplain by providing new and rehabilitated embankments, leaving distributaries open, along selected reaches of the Padma / Jamuna River. To protect these embankments, riverbanks are being progressively stabilized, starting at critically eroding reaches. Over time, this approach may lead to general river stabilization, potentially transforming the geomorphology of the Padma/Jamuna in an unprecedented manner (particularly if a single-channel solution is implemented). The anticipated benefits are considerable: (i) reduced loss of agricultural and other land to river erosion, (ii) reduced flood damage to agriculture (etc), and (iii) increased agricultural production on less-flooded agricultural land. The structural components of riverbank protection and embankments are accompined by non-structural components. These address institutional issues, on knowledgebase and planning level, and directly assist local communities in the sub-project areas in improving their preparedness to flood and erosion disaster.
1.2. Objectives: The objectives of the program are –
• To sustain economic growth, poverty reduction and livelihoods of people, living in the areas threatened by riverbank erosion.
• To enhance resilience to flood and riverbank erosion risks through strengthening the flood and riverbank erosion management system, including the knowledge base and underlying institutions;
• To establish integrated non-structural and structural risk management measures at priority erosion sites and addressing their sustainability.
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2. Project Description
2.1. FRERMIP Location and Area
The FRERMIP area encompasses the Jamuna River reach starting below the Jamuna Bridge and the
proposed Ganges Barrage site, down to Chandpuron the Lower Meghna. Downstream of the Jamuna
Bridge and the Barrage site, the Jamuna and Ganges river courses are somewhat independent of
upstream river developments. The FRERMIP area covers 9,300 km³ with a total population of 10.5
million (2011 census) in 40 upazilas and 431 unions, with an average population density of nearly
1,600 persons per km² of floodplain land.
Map 1: Shows the locations of proposed interventions during Tranche 1
Map 1
2.2. Project Interventions
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The major construction work of FRERMIP is located in three sites are (i) Bank protection work at Chauhali 7.20km length (including end termination) (ii) Bank protection work at Zafargonj 2.00km length (iii) Bank protection work at Harirampur 8.80km length. The adverse environmental and social impacts of FRERMIP are mostly concentrated to construction and operation of these three sites. Proposed interventions under Tranche 1 fall into three categories: (i) riverbank protection, (ii) new and rehabilitated road/flood embankments, (iii) drainage sluices. Map 2: Tranche 1 Interventions
13 | P a g e
The Progress of physical works of FRERMIP as on December 2017 is illustrated in the following Table.
Table 1: The Progress of physical works of FRERMIP as on December 2017
(Figure in Lakh Taka)
Sl. no.
Work component as per DPP (with quantity)
Economic code/sub
code
Original Estimate
Cost
Revised Estimated
cost
Achievement up to June 2017
Target of the current Year 2017-2018
(As per ADP)
Current FY Progress up to December
2017
Financial Physical (%)
Financial Physical (%)
Financial Physical (% )
1 2 3 4 5 6 7 8 9 10 1 1
(a) Revenue Component
1. ADB Interest during implementation & services change for Netherlands grant
4826 1992.00 1992.00 700.00 35.14 500.00 25.10
2. BWDB Capacity Development Program
4840 1043.50 768.88 338.95 44.08 320.00 41.62 142.423 18.52
3 Resettlement Support Program
4849 297.00 283.60 20.36 7.18 150.00 52.89
4. Implementation Consultant
4874 4064.00 3872.82
4030.46
39.58
830.00 21.43 350.198 3.44
5. River Stabilization and Land Recovery Study
4874 4840.00 4612.31 500.00 10.84
6. Feasibility of Tranche-2/3 Project
4874 1780.50 1696.74 500.00 29.47
7. Resettlement Implementation Support
4874 175.00 175.00 47.69 27.25 40.00 22.86 20.00 11.20
8. Livelihood Support Program
4874 651.30 647.27 - - 200.00 30.90
9. Environmental Management Program
4874 597.80 - - - - -
10. Community based Disaster Management Program (DDM)
4874 668.80 643.98 - - 200.00 31.06
11. Participatory regular O&M training support
4874 240.00 - - - - -
12. Land/River Survey and
Data Processing 4886 80.00 80.00 44.69 55.85 20.00 25.00
13. Survey and Investigation/ Data Processing
4886 867.20 558.05 181.08 32.45 156.00 27.95
PMO operational Expenses
14. a) Salaries and
allowances 4700 836.60 836.60 - - 21.17 2.53 2.12 0.25
15. b) PMO Operational
Expenses 4800 496.10 309.36 130.73 42.26 100.83 32.59 7.74 2.50
16. PIU-DDM Operational
Expenses 4899 120.70 50.96 4.50 8.83 20.00 39.24
Sub-total Revenue Component of (a)
18750.50 16527.57 5498.46 31.84 3558.00 21.53 522.481 3.11
(b) Capital Component - - -
1. Transport vehicle (Jeep 5 unit, 10 motorcycle)
6807 641.40 349.48 349.48 100 0.00 0.00
2. Computer and Office Equipment
6819 89.40 43.63 43.63 100 0.00 0.00
3 Computer and Office Equipment (DDM)
6819 5.80 5.10 4.99 100 0.00 0.00
4. Survey Equipment 6851 89.00 67.47 67.47 100 0.00 0.00
5. Land acquisition (136.00 ha.)
6901 8847.88 20831.09 11435.88 78 11983.21 57.53 1687.17 4.00
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Sl. no.
Work component as per DPP (with quantity)
Economic code/sub
code
Original Estimate
Cost
Revised Estimated
cost
Achievement up to June 2017
Target of the current Year 2017-2018
(As per ADP)
Current FY Progress up to December
2017
Financial Physical (%)
Financial Physical (%)
Financial Physical (% )
1 2 3 4 5 6 7 8 9 10 1 1
6. Construction of Inspection banglow at Manikganj
7016 50.00 78.00 - - 36.69 47.04
7. Regulator/Sluice (new construction 4 nos ) in JRB1 subproject area
7041 1406.00 2259.34 - - 1300.00 57.54
8. 23km Embankment along the Right Bank of Jamuna and the left bank of Baral-Hurasagar
7081 7888.28 9952.27 - - 5600.00 56.27
9. Protective works a) At left bank of Jamuna at Chauhali,Nagarpur,Tangail sadar b) Jafforganj c) At left bank of Padma at Harrirampur– (Total 18.00 km.)
7081 32659.90 30008.00 27163.74 a) 7.00Km 95%
b) 2.00Km
90%
c) 8.80Km 100%,
2865.93 a)a) 7.00Km 95-100%,
b)b) 2.00Km 90-100%
1628.00 2.00
10. Land Recovery/River Training Piloting Works
7081 3798.00 3798.00 - - 1000.00 26.33
11. Adaptive Protection and
Emergency 7081 2790.80 2809.31 818.61 35 891.17 31.72 235.78 8.39
12 CD and SD 7901 723.25 120.74 - - 0.00 0.00
Sub-total Capital Component of (b)
58989.71 70322.43 39883.80 66.53 23677.00
33.67 3550.95 5.05
Sub-total (a+b) 77740.21 86850.00 45382.26 63.10 27235.00 31.36 4073.42 2.55
(c) Physical Contingency 1522.17 0.00 - - 0 0
(d) Price Contingency 3593.62 0.00 - - 0 0
Grand Total (a+b+c+d) 82856.00 86850.00 45382.26 62.93 27235.00 31.36 4073.43 2.55
2.3. Project Implementation Arrangements BWDB is the executing agency, while Department of Disaster Management (DDM) is the implementing agency for the community-based flood-risk-management component. As for all development projects, an inter-ministerial steering committee will review and discuss the project in annual meetings. A Panel of Experts will provide guidance related to river morphology, flood risk management, institutional development, regional/ local capacity development, and other issues emerging during implementation. A Project Management Office (PMO) integrated into BWDB administration has been set up, headed by a Project Director supported by two Superintending Engineers. In addition to the PMO in Dhaka, sub-project management offices (SMO) have been established in the divisional offices located in the project sites areas of Koitola, Tangail, and Manikgonj. In addition to the Project Director and the two Superintending Engineers, the PMO has been staffed with four Executive Engineer, two Sub-Divisional Engineer and two Assistant Engineer. All PMO staffs work full time on the project. Three SMOs, each headed by an Executive Engineer is supported by one Sub-Divisional engineer, one Assistant Engineer, and three Sub-assistant Engineers are to assist PMO in implementing resettlement activities of the Project. The PD of PMO, BWDB/Dhaka implements the RP with the appointed INGO and monitors implementation through the Chief Resettlement Officer (CRO).
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An Institutional Strengthening and Project Management Consultant (ISPMC) is providing consultancy services to support project implementation in a variety of ways, including the services of two specialists to conduct resettlement monitoring, planning and management to support the PMO.
3. Social Safeguard Policies
3.1. Resettlement Framework (RF) and Entitlement Matrix A Resettlement Framework (RF) had been prepared during PPTA study including an “Entitlement Matrix” (Annex-I) compiling the requirements stated in Facility Admistration Manual (FAM) of ADB. Resettlement Framework (RF) revised on 08/01/2018. The said resettlement framework was concurred by ADB and approved by GoB as well. This ensured the resettlement needs of the project following the procedures for involuntary resettlement in compliance with GOB applicable laws and regulations and existing ADB Safeguard Policies Statement (SPS 2009). Resettlement plans is being prepared based on the approved RF and socio-economic survey of the engaged INGO. The identification of the affected populations and consultations with them have been conducted as a routine activity of local people consultation process, mainly by the engaged INGO in cooperation with the officials of BWDB and other relevant government agencies. The Resettlement Specialists of the ISPMC team have provised assistance in most of the cases. The deputy commissioner (DC) will pay compensation of the affected people under CCL following Land Acqusition Act 1982. The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time-bound action plans with measures to restore or improve livelihood and income of those affected people by development projects. Since the LA ordinance 1982 falls short of the requirements of the ADB’s safeguard policies on many ground, the project land acquisition and resettlement policy has been hamonised with ADB’s SPS. To do so Government of Bangladesh approved the resettlement framework harmonized with ADB’s safeguard policies. The RF was Revised/updated in December 2017.
3.2. Government Order for JVT, PVAT & GRC The GOB has approved three different committees and issued office order (Annex-II) for formation of these committees containing their composition tasks for implementing resettlement plans of the interventions facilitating payment of additional compensation (resettlement benefits) and resettlement of EPs are as follows:
1) Joint Verification Team (JVT) 2) Property Valuation Advisory Team (PVAT) 3) Grievance Redress Committee (GRC)
1) Joint Verification Team (JVT) BWDB will form a Joint Verification Team (JVT) for the FRERMIP project through a notification to compare and review the physical verification data collected by the Project lmplementing Agency along with the DCs' assessment of losses of physical assets and their owners. JVT will conduct property assessment and evaluation and both JVT and the concerned party will sign the verification record. Disputes on properly right will be recorded. The implementing NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants.
The JVT has been formed as follows: a) Representative of BWDB
(Sub-Divisional Engineer/Assistant Engineer or equivalent officer): Convener b) Representative of concerned Deputy Commissioner : Member
16 | P a g e
c) Representative of INGO recruited by BWDB (DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary
2) Property Valuation Advisory Team (PVAT)
The PVAT will review the assessment of the Implementing Agency on the market price of the property affected by the project at their replacement cost. The Implementing Agency will process the entitlements of the project-affected persons using the PVAT data as one of the determinants.
The PVAT has been formed as follows: a) Representative of BWDB
(Executive Engineer/Assistant Engineer or equivalent Officer) : Convener b) Representative of concerned Deputy Commissioner : Member c) Sub-Assistant Engineer, concerned SMO, BWDB : Member d) Representative of INGO recruited by BWDB
(DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary 3) Grievance Redress Committee (GRC)
GRCs will be formed at union level for any grievances involving resettlement benefits, relocation, and other assistance. The local GRC shall review and resolve grievances within one month of receiving any complaints and will maintain written records of all the appeals received.
The GRC have been formed as follows: a) Representative of BWDB
(Executive Engineer or equivalent Officer) : Convener b) Union Parishad Chairman of the concerned area : Member c) One representative of Affected Persons : Member d) Sub-Assistant Engineer, SMO, BWDB : Member-Secretary
3.3. Engagement of an External Monitoring Agency A External Monitoring Agency (EMA) is to be appointed by the PMU to carry out the external M&E and reporting of the implementation of the RP. The scope of the external monitoring will cover compliance monitoring and social impact evaluationof of RP implementation. The RP implementation has already started and the appointment of an EMA is in final stage.
4. Implementation of the Resettlement Plan
4.1. Engagement of INGO Bangladesh Water Development Board (BWDB) engaged a local NGO named “Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL)” for the implementation of resettlement activities. An agreement was signed between the BWDB and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. A Letter issued by the Project Director, FRERIMP for Notice to proceed vide Memo No.: PMO-FRERMIP/T-1/270 dated Contract Signing Ceremony 16.03.2016 in connection with commencement of the NGO services. Accordingly, VRDS in association with HCL activated the central office and field offices for NGO services since April 01, 2016.
17 | P a g e
4.2. Project Interventions and Land Requirement The Project envisages intervention of 18 km of riverbank protection, 23 km of embankment and 4 number of regulator. About 129.91 ha of land will be required to implement the said work. The detail sub reach wise location with land requirement is shown in Table-2.
Table 2: Project Location and Land requirement
Sl No Location of Intervention with sub-reaches Length (km) Land (ha)
1 Embankment (Koijuri to Hurasagor) including 4 regulators in JRB-1 23 97.91
2 Riverbank protection work at Chauhali JLB-2 7.20 13.80
3 Riverbank protection work at Zaforgonj JLB-2 1.40 3.20
4 Riverbank protection work at Zaforgonj JLB-2 0.60 1.24
5 Riverbank protection work at Harirampur PLB-1 8.80 13.76
Total 41 129.91
4.3. Resettlement implementation It is evident from the above table that five nos of resettlement plan are requiring for implemention of resettlement issues of the project. They are (i) RP for Embankment with construction of regulators: 23Km, (ii) RP for riverbank protection work at Chauhali: 7.20Km (including end termination), (iii) RP for riverbank protection work at Zafargonj: 1.40Km, (iv) RP for riverbank protection work at Zafargonj: 0.60Km, v) RP for riverbank protection work at Harirampur: 8.80Km.
The Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL), the engaged INGO for implementation of resettlement activities of the project-started work including identification of the project affected people through socio-economic survey. Resettlement Plan of Embankment, Zafargonj RBP ( 1.4 km), Zafargonj RBP ( 0.6 km) ,Chauhali RBP & Harirampur has been completed based on the survey and submitted to ADB. Resettlement Plan of Zafargonj RBP ( 1.4 km), Zafargonj RBP ( 0.6 km) & Chauhali RBP has been approved by ADB. The land acquisition Plan (LAP) at Embankment, Zafargonj (1.4 Km), Zafargonj (600 m) & Chauhali have been Approved by Deputy Commissioners’ Office. The land acquisition Plan (LAP) at RBP in Harirampur has been submitted to XEN office, Manikganj on 27/12/17.
At Zafarganj (both 0.6 km & 1.4 km) notice u/s 7 served. At Chauhali RBP in Tangail part- Notice u/s 6 served & 7 is under process and in Sirajganj part Notice u/s 3 completed. Notice u/s-7. Under EMB site at Bera, Pabna, notice-7 served.
88 APs received Resettlement Grant at Zafarganj (1.4 km), 26 APs received Resettlement Grant at Zafargonj (600 m) & 52 APs received Resettlement Grant at Chauhali.
Out of 90 APs 50 APs applied to DC office for CCL payment at Zafarganj (1.4 km). Out of 26 APs, 26 APs applied to DC office for CCL paymenat Zafarganj (0.6 km). Out of 67 APs 27 APs at Bera Pabna applied for CCL payment to DC office. Application process of the rest 40 APs is delayed. The field division and resettlement unit in PMO is supervising and monitoring the works of the INGO and convined regular meeting with INGO and consultants.
18 | P a g e
The overall physical progress of resettltment is showm in Table-3
Table 3: The overall physical progress of resettltment
Sl.
No
Key
implementati
on issues in
the delivery
of the task
Project Area Status on Reporting Period
(Jul-Dec 2017)
Cumulative Status up to
December 2017
Payment Status
Not relevant here
Resettlemen
t Grant
CCL
1 Consultation
&
Stakeholders
participation
Zafarganj
( 1.4 km)
18 Public consultation
meeting done
25 Public consultation
meeting done
N/A N/A
Zafarganj
( 600 m)
14 Public consultation
meeting done
19 Public consultation
meeting done
N/A N/A
Chauhali 12 Public consultation
meeting done
22 Public consultation
meeting done
N/A N/A
Embankment
JRB-1
40 Public consultation
meeting done
60 Public consultation
meeting done
N/A N/A
Harirampur 4 Public consultation
meeting done
10 Public consultation
meeting done
N/A N/A
2 Verification
of Census/
Inventory:
Updating the
RP
Zafarganj,
Chauhali
Embankment
JRB-1
Harirampur
Verification of Census/ Inventory: Updating the RP on
Zafarganj (1.4km), Zafarganj (600m). Chauhali,
Embankment JRB-1 ( 23 km) and Harirampur
completed
N/A N/A
3 Update RP
& Submit to
PMO for
further
submission
to ADB
Zafarganj
( 1.4 km)
RP Approved by ADB on 05/02/17 N/A N/A
Zafarganj
( 600 m)
RP Approved by ADB on 10/04/17 N/A N/A
Chauhali RP Approved by ADB on 23/04/17 N/A N/A
Embankment
JRB-1
Revised RP submitted on
November 27, 2017
Revised RP submitted
on November 27, 2017
& approved.
N/A N/A
Harirampur Revised RP submitted on
07/12/2017.
Revised RP submitted
on 07/12/2017.
N/A N/A
4 Assisting affected
persons(APs) in the process
of relocation/resettlement
4.1 Assist in Land Acquisition
19 | P a g e
Sl.
No
Key
implementati
on issues in
the delivery
of the task
Project Area Status on Reporting Period
(Jul-Dec 2017)
Cumulative Status up to
December 2017
Payment Status
Not relevant here
Resettlemen
t Grant
CCL
Activities
4.1.
1
Assist BWDB
in
preparation
of LAP
Zafarganj
( 1.4 km)
LAP approved by DC N/A N/A
Zafarganj
( 600 m)
LAP approved by DC N/A N/A
Chauhali LAP approved by DC
N/A N/A
Embankment
JRB-1
( 23 km)
LAP approved by DC N/A N/A
Harirampur Revised LAP is sumitted to
XEN, Manikganj on
27/12/17
Revised LAP is sumitted
to XEN, Manikganj on
27/12/17
N/A N/A
4.1.
2
Issuance of
Notice u/s
3,6 & 7
Zafarganj
( 1.4 km)
Zafarganj ( 1.4 km)- Notice
u/s ,7
Zafarganj ( 1.4 km)-
Notice u/s 3,6,7
N/A N/A
Zafarganj
( 600 m)
Zafarganj ( 0.6 km)- Notice
u/s ,7
Zafarganj ( 0.6 km)-
Notice u/s 3,6,7
N/A N/A
Chauhali •Chauhali RBP
( Tangail)- Notice u/s 7 is
under
process
• Notice u/s 6 expected to
be done within 12th January
2018.
Chauhali RBP ( Tangail)-
Notice u/s 3,6 done & 7
is under process
•Chauhali RBP (
Sirajganj)- Notice u/s 3
done & Notice u/s 6
expected to be done
within 12th January
2018
N/A N/A
Embankment
JRB-1
( 23 km)
Notice u/s 7 expected to be
done within 15th January
2018.
Notice u/s 3,6, Notice
u/s-7 at Bera, Pabna
under EMB
N/A N/A
4.1.
3
Assist EPs in
receiving
compensatio
n
Zafarganj
(1.4 km)
• Application of 50 APs
submitted to DC office.
• Application of rest 40 APs
expected to be submitted
Total APs at Zafarganj
(1.4 km) -90 APs [
Agriculture Land-18
APs, Structures-60 APs (
20 titled holders+ 40
88 Aps
received
Resettleme
nt Grant
-
20 | P a g e
Sl.
No
Key
implementati
on issues in
the delivery
of the task
Project Area Status on Reporting Period
(Jul-Dec 2017)
Cumulative Status up to
December 2017
Payment Status
Not relevant here
Resettlemen
t Grant
CCL
Assist EPs in
receiving
compensatio
n
to DC office by 20/01/18 Non titled holders=27
Uthuli+13 Squatters ) &
Tenants-
12]
• Out of 90 APs, 50 APs
submitted application
to DC office for CCL
payment .
• Budget & Estimate
for 2 APs & 5 Wage
earner completed &
Submitted to PD
office.
• List of document
needed for CCL
payment already
distributed among 90
APs
Zafarganj
( 600 m)
• 26 APs applied to DC
office for CCL payment
• CCL payment from DC
office is under process.
•Total APs-26,
Agricultural Land-26
APs
•26 APs applied to DC
office for CCL payment
•CCL payment from DC
office is under process.
26 Aps
received
Resettleme
nt Grant
-
Chauhali • Budget proposal for
structure Replacement
Cost (RC) for 36 APs
submitted to PD office
• Preparation of ID & Photo
of 50 vulnerable
APs/Agriculture land Users
completed.
•List of document needed
for CCL payment
distributed among 250 APs
• Total APs- 191
Agriculture Land-139
Aps,
Structures-52 APs (37
titled structures + 14
Nontitle holders + 1
CPR)
• Budget proposal for
structure Replacement
Cost ( RC) for 36 APs
submitted earlier to PD
office
•List of document
needed for CCL
payment
52 Aps
received
Resettleme
nt Grant
21 | P a g e
Sl.
No
Key
implementati
on issues in
the delivery
of the task
Project Area Status on Reporting Period
(Jul-Dec 2017)
Cumulative Status up to
December 2017
Payment Status
Not relevant here
Resettlemen
t Grant
CCL
distributed among 250
APs
Embankment
JRB-1
( 23 km)
• Resettlement grant
budget for title & non title
holders submitted to PD
office.
• Out of 67 APs 27 APs at
Bera, Pabna.applied for CCL
payment to DC office
Application of rest 40 AP
being delayed due to
complication in land tax
fixation.
• Out of 1460 Title holders
& Uthuli, Voter ID & Photo
of 1260 EPs collected.
•60 groups formed (20
members in each group)
•Distribution of
information Brochure &
List of document needed
for CCL payment among
1460 APs
• Total APs -2310 &
CPR-12 Title holders-
949 APs, Non Titled
Holders- 1305 APs (
Squatter-806, Uthuli-
499), 56 Tenants &
12CPR
• Resettlement grant
budget for title & non
title holders submitted
to PD office.
• Out of 67 APs 27 APs
at Bera Pabna applied
for CCL payment to DC
office. Application of
rest 40 AP being
delayed due to
complication in land tax
fixation.
• Out of 1460 Title
holders & Uthuli, Voter
ID & Photo of 1260 EPs
collected.
•60 groups formed (20
members in each
group)
•Distribution of
information Brochure &
List of document
needed for CCL
payment among 1460
APs
-- --
o Harirampur - Total APs -79 & CPR-
02 Title holders-23 APs,
Non Titled Holders- 13 APs
( Squatter-04, Uthuli-09),
43 Agriculture plot users
Total APs -79 & CPR-
02 Title holders-23
APs, Non Titled Holders-
13 APs ( Squatter-04,
Uthuli-09), 43
Agriculture plot users
-- --
22 | P a g e
Sl.
No
Key
implementati
on issues in
the delivery
of the task
Project Area Status on Reporting Period
(Jul-Dec 2017)
Cumulative Status up to
December 2017
Payment Status
Not relevant here
Resettlemen
t Grant
CCL
5 Status of
database
and MIS
Data processing and assigning ID numbers
Data processing and assigning ID numbers completed
Development of software for EP & EC
Software for EP & EC developed
EP & EC for 90 APs at Zafarganj ( 1.4 km). 26 APs at
Zafarganj (0.6 km), 52 APs at Chauhali completed.
Out of 2310 APs at Embankment EP & EC for 966 APs
completed
4.4. Land Acquisition and Resettlement Issues: A significant number of progress have already been achieved during July-December 2016, in case of obtaining administrative approval for land acquisition from the Ministry for Water Resources subprojects and placement of fund for paying affected persons for embankment. Several steps of the land acquisition processes are essentially required to be performed at the district level by the District Land Acquisition Officers concerned administered by Deputy Commissioner (DC), which is continueing in progress. However, PD, PMO and SMO have been working with the respective DC offices proactively to expedite the process of paying compensation to the affected landowners in performing the whole LA process on schedule.
JVC for embankment of the concerned district completed the assessment of compensation by visiting the sub-project areas physically. VRDS in association with HCL had taken several steps in finalizing the payment procedure like finalizing the list of the EPs with ID card, opening the Bank Account, forwarding the proposal to the PD through SMO/XEN for final approval and placement of fund for payment etc.
Steps for Paying Compensation to the Affected Persons
Following steps have been taken to pay the compensation to the Affected/ Entitlement persons:
• Identification of the affected /Entitlement Persons
• Compensation is assessed by PVAT with the finalization of Entitlement Persons and forward to XEN/SMO
• XEN office send the list of Affected / Entitlement Persons ( EPs) to project Director ( PD) requesting approval and for placement of fund
• PD office reviews the list of EPs and approve subsequently places the fund to RAC office
• Fund is released to XEN
• Prepare ID Card for the Entitlement Persons ( EPs) with the assistance of NGO
• Openning Bank Account for the EPs to deposit the compensation
• Arrangement for paying compensation to the EP and record is kept by SD and XEN
23 | P a g e
Status on resettlement activities for each sub-project The following 3 tables provide the detailed status for each project about the status of progress and payment of the compensation Table 4: Status of Payment of Compensation for sub-reach as per Resettlement Plan
Sl
No
Location of
Intervention with
sub-reaches
Upazilla/ District Type of Loss Approved by
PVAT & JVT
No. of APs & CPR Title/ Non-title/Tenants Affected
Households
Status of Compensation
Title Non
Title
Tenants CPR Total Male Female Cumulative July-December 2017 CCL Resettlement
Grant
CCL Resettlement
Grant
1 Embankment
(Koijuri to
Hurasagor) incl. 4
regulators in JRB-1
Shajadpur of
Sirajgonj and Bera
of Pabna
Residence &
Business structure,
Business loss,
Agriculture plot
JVT on Squatters
done on
30/08/2017
949
1305 56 12 23221 2081 229 Not yet
started
Not yet started
2 Riverbank
protection work at
Chauhali JLB-2
Chauhali of
Sirajgonj;
Nagorpur&Sadar of
Tangail
Residence &
Business structure,
Business loss,
Agriculture plot
Approved by JVT 176
14 00 01 191 179 11 Not yet
started
Resettlemrnt
Grant
distributed
among 52 EPs
on 16/07/17
prepard
Resettlemrnt
Grant
distributed
among 52 EPs
on 16/07/17
3 Riverbank
protection work at
Zafargonj JLB-2
(1.4 Km)
Shibaloy of
Manikganj
Residence &
Business structure,
Business loss,
Agriculture plot
Approved by JVT 38 40 12 902 77 13 Not yet
started
Resettlemrnt
Grant
distributed
among 88 EPs on
15/04/17
4 Riverbank
protection work at
Zaforgonj JLB-2 (
0.6 km)
Shibaloy,Manikganj Residence &
Business structure,
Business loss,
Agriculture plot
Approved by JVT 26 26 22 04 Not yet
started
Resettlemrnt
Grant distributed
among 26 EPs on
12/07/17
Resettlemrnt
Grant
distributed
among 26 EPs
on 12/07/17
5 Riverbank
protection work at
Harirampur PLB-1
Harirampur,
Manikganj
Residence &
Business structure,
Business loss,
Agriculture plot
Not Done 66 13 02 81 72 07 Not yet
started
Not yet started
1255 1372 68 15 2710
1During Socio-Economic & Census Survey 2372 Aps & 12 CPR has been identified but during JVT survey 2310 Aps & 12 CPR has been identified. 62 Aps ( Squatters) has been reduced due to displacement to another places.
2During Socio-Economic & Census Survey 83 Aps & 2 CPR has been identified but during JVT survey 88 APs has been identified & 02 CPR has been reduced. Finally total 90 Aps has been identified ( 02 Aps has been included by DC office)
24 | P a g e
Table 5: On going monitoring and Action Plan for Land Acquisition & Resettlement Process
Sl No Name of theSub-
Reach Total land
to be
acquired
(Ha)
LAP submitted
to DC Date of
DLAC
meeting
LA proposa
lto Ministry
of land
Approval
from
Ministry of
land
LAP
Approval
from DC
IssuancedSection-
3 of theLA by DC Issuanced section-
6 for
compensation
assessment
Issuanced
section-7 for
paying final
compensation
Remarks
1 Embankment (Koijuri
to Hurasagor)
including 4 regulators
in JRB-1
97.91 Submitted on
23/11/14
14/01/15 Submitted
on 04/06/15
LA Plan
approved on
20/03/16
LAP
approved
by DC
Issuanced
Section-3
by DC on
12/04/15
Section-06
Issuanced on
20/04/16
Issuanced notice
section-7 at Bera,
Pabna. Notice u/s
7 expected to be
done within 15th
January 2018.
Out of 67 APs 27
at Bera, Pabna
APs applied to
DC office for
CCL payment
2 Chauhali,
JLB-2:
Riverbank
protection
Tangail
13.9
Submitted on
22/12/16
22/2/17 LAP
approved
by DC
Issuanced
Section-3
by DC on 2/4/17
Section-06
Issuanced on
20/04/17
Notice u/s 7
expected to be
done within 15th
January 2018.
DC office to
process the next
course of action
Sirajgonj Submitted on
6/12/16
15/3/17 Submitted
on 20/4/17
LA Plan
approved
LAP
approved
by DC
Issuanced
Section-3
by DC on
04/04/17
Notice u/s 6
expected to be
done within 12th
January 2018
Section-07
not yet
issuanced
DC office to
process the next
course of action
3 Zafargonj, JLB-2:
Riverbank protection (
1.4 km)
3.2 Submitted on
28/02/17
10/04/17 LAP
approved
by DC
Issuanced
Section-3
by DC on
23/04/17
Section-06
Issuanced on
21/05/17
Section-07
issuanced
Out of 90 APs
50 APs applied
to DC office for
CCL payment
4 Riverbank protection
work at Zaforgonj JLB-
2 ( 0.6 km)
1.24 Submitted on
14/12/16
16/2/17 LAP
approved
by DC
Issuanced
Section-3
by DC on 7/3/17
Section-06
Issuanced on
13/4/17
Section-7
Issuanced by DC
for final
compensation
Out of 26 APs,
26 APs applied
to DC office for
CCL payment
5 Riverbank protection
work at Harirampur
PLB-1
13.76 Admin.
Approval by
MoWR done
Revised LAP
Submitted
to XEN
office,
Manikganj
25 | P a g e
Table 6: Types of Affected Person under Resettlement Plan
Sl
N
o
Name of the
subproject
No. of Affected HHs & CPR Progress of
census
Approval
Resettlemen
tplan
Formation
ofdifferentc
ommittees
No of grievance
received
Title Non-Title ( Uthili) Non-Title ( Squatters) Tenants CPR Total
Agricult
ure land
Resid
ential
struct
ure
Commercial
structure
Residentia
l structure
Commercial
structure
Residential
structure
Commercial
structure
1 Embankment
(Koijuri to
Hurasagor)
including 4
regulators in JRB-1
22+(,893
)
893 34 481 18 701 105 56 12 23223 Completed Revised RP
submitted
on
November
27, 2017
JVT, PVAT &
GRC-
30/11/16
No grievance is
yet found
2 Riverbank
protection work at
Chauhali, JLB-2
139 34 03 09 05 01 191 Completed RP approved
by ADB on
23/04/17
JVT, PVAT &
GRC-
02/03/17
36 grievances
are found &
Finally 36
grievances
redressed
3 Riverbank
protection work at
Zaforgonj, JLB-2
(1.40Km)
18 14 06 09 18 07 06 12 - 904 Completed RP approved
by ADB on
05/02/17
JVT, PVAT &
GRC-
18/12/16
8 grievancesare
found & Finally
6 grievances
redressed
4 Riverbank
protection work at
Zaforgonj JLB-2 (
0.6 km)
26 26 Completed RP approved
by ADB on
10/04/17
JVT, PVAT &
GRC-
18/12/16
Completed
No grievance is
yet found
5 Riverbank
protection work at
Harirampur PLB-1
43 18 05 07 02 03 01 - 02 81 Completed Revised RP
submitted
on
07/12/2017
Not Done No grievance is
yet found
Total 248 959 48 506 43 711 112 68 15 2710
3During Socio-Economic & Census Survey 2372 Aps & 12 CPR has been identified but during JVT survey 2310 Aps & 12 CPR has been identified. 62 Aps ( Squatters) has been reduced due to displacement to another places.
4During Socio-Economic & Census Survey 83 Aps & 2 CPR has been identified but during JVT survey 88 APs has been identified & 02 CPR has been reduced. Finally total 90 Aps has been identified ( 02 Aps has been included by DC office)
26 | P a g e
4.5. Grievance Redress Mechanisms Grievance Redress Committees (GRCs) has been established to ensure stakeholders participation in the implementation process. Through public consultations, the DPs will be informed that they have a right to grievance redress from the BWDB. The DPs can also call upon the support of the Implementing Agency (IA) engaged to implement the RP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right and award of compensation by the Deputy Commissioner under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances will be redressed within 21 days from the date of lodging the complaints. The GRCs will be formed and activated during RP implementation process to allow DPs sufficient time to lodge complaints and safeguard their recognized interests. Where land acquisition will not be involved but relocation of structures or vacating land from cultivation will be required, the GRCs will facilitate resolution of complaints regarding categorization of vulnerable affected persons, types of structures and eligibility for compensation and assistance within the set guidelines and provisions of the Resettlement Plan. Any complaints of ownership or other suits, to be resolved by judiciaries system, will not be resolved in GRCs. Procedures of resolving grievances are described in Figure below: Figure 1 : Grievance Redress Flow Chart
Application submitted to GRC through Sectional officer/ INGO
Complaints under arbitration or Existing LA law
PD for approval
Not under Arbitration or lawto be settled as per RP Policy
GRC members
• BWDB Representative
• Union Parishad Representative
• APs Representative
• Concerned branch of BWDB Representative
GRC Hearing within 21 days of lodging the claim
Not Redressed
Aggrieved Persons
Scrutinization of Complaints by GRC
Referred to DC
Redressed
District Judge
Recommendation for Compensation Claim
Seeking legal Settlement
Decisiona accepted
INGO for Payment
27 | P a g e
4.6. Steps of Land Acquisition Process Land Acquisition process is complex in nature in terms of following the administrative procedures from the beginning to end. Several mandatory Steps are required to complete the Land Acquisition process in dealing with the administrative Ministry to District Land Acquisition Committee (DLAC) is administered by Deputy Commissioner (DC) in connection with the Land Acquisition Acts 1982 of the Govt. of Bangladesh. A flow chart of the different steps in dealing with the LA process is given below.
Figure 2: Land Acquisition Flow Chart
Stage 1 Finding suitable land at various locations for project purposes subsequently submit the proposal to the Ministry by MoWR
Reconnaissance Survey
Stage 2 Administrative Approval given by the Ministry From Govt. (Ministry of Water Resources) through BWDB
Stage 3 Plot wise Topographic survey By Surveyors
Stage 4 Preparation of Mouza‐wise maps & proposals for Land
Acquisition
Mouza (area)-wise map
Stage 5 Submission of proposals to D.C through BWDB BWDB to Deputy Commissioner
Stage 6 Review by D.C Proposal Review
Stage 7 Feasibility Study by D.C Office Field Visit
Stage 8 DLAC Meeting & Approval District Land Allocation Committee meeting to approve or reject
Stage 9 File LA Cases & Issue Notice under Section 3 Notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982
Stage 10 Joint field verification By D.C and BWDB
Stage 11 Objection hearing – under Section‐4, if objection is raise From affected landowner within 15 days period
Stage 12 Preparation of estimate & approval Sent to the div. commissioner if any objection in case of above 50 bighas(16.5 ac)
Stage 13 Sent to the Prime Minister through Ministry of Land for approval in case above 50 bighas (16.5ac) – 30 days
Goes back to D.C after approval
Stage 14 Notice Under Section ‐6 2nd Notice to landowners
Stage 15 Land value & compensation data collection Done locally by D.C/govt.
Stage 16 Preparation of estimate & approval Recording (Paperwork) in D.C office
Stage 17 Demand Notice for Fund D.C to BWDB and payment based on BWDB approvalStage 18 Fund Placement
Stage 18 Fund Placement Payment to D.C by issuing Demand Draft
Stage 19 Fund Collection & preparation of award Done by D.C office
Stage 20 Notice Section 7 20. 3rd and final Notice to landowners 3rd and final Notice to landowners
Stage 21 Start payment by D.C (10 days) to Landowners & Possession Hand over ‐6 days
Land possession handover to BWDB by D.C then BWDB to userdepartment
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Stage 22 Gazette Notification – no time frame Done afterwards through D.C
Stage 23 Mutation – no time frame To mutate land in the name of BWDB, then yearly Government Land Development Tax is to be paid by BWDB.
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4.7. Potential Monitoring Indicators for Sub-Reach The following indicators have been designed for monitoring the land acquisition and Resettlement activities that are being in progress at the field level. However, in this period of activities, no significant changes are observed in case of fulfilling the monitoring indicators as land Acquisition (LA) plans are being functioned under the executive jurisdiction of the respective Land Acquisition officers administrated by DC offices those are in progress.
Table 7: Monitoring Indicators for Sub-Projects
Type of Monitoring
Monitoring Indicators Not Applicable (N/A),Yes/No /In progress /Yet to be done
Remarks
Budget frame
Have all land acquisition and resettlement staff been appointed and mobilized for the field and office work on schedule?
Yes
Have Capacity Building and training activities been completed on schedule
Yes
Are resettlement implementation avtivities being achieved against agreed implementation plan
Yes
Are funds for resettlement being allocated to resettlement agencies on time
Yes
Have resettlement offices received the scheduled funds Yes
Have funds been disbursed according to RP In Progress
Has the social preparation phase taken place as scheduled In Progress
Has all land been acquired and occupied in time for project implementation
In Progress
Delivery of AP
Entitlements
Have all APs received entitlements according to numbers and categories of loss set out in the entitlement matrix?
In Progress
Have APs received payments on time? In Progress
Have APs losing from temporary land borrow been compensated? In Progress
How many APs households have received land titles? Not Start
How many APs have received housing as per relocation options in the RP?
N/A
Have relocation sites been selected and developed as per agreed standards?
N/A
Have affected businesses received entitlements including transfer and payments for net losses resulting from lost business and stoppage of production?
In Progress
Have consultations taken place as scheduled including meetings, groups, community activities? Have resettlement leaflets been prepared and distributed?
In Progress
How many APs know their entitlements? How many know if they have been received?
In Progress
Have many APs used the grievance redress procedures? 50 APs
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4.8. Activities of Implementing NGO Development of MIS
VRDS-HCL developed MIS for determining the losses, disbursing the compensation payment and affected households. The data generated by the field offices are being used as technical inputs of the MIS. The MIS Specialist and the Database Manager have been developing the MIS at the central office of Dhaka.
Stakeholders’ Meetings
Since inception, VRDS-HCL has started establishing face-to-face contact with the APs. Focus Group Meetings are entry point for the stakeholders where APs/EPs are given an opportunity to discuss the issues related resettlement, relocation, compensation, gender, project assistances and grievances. These are APs social institutions for ventilating resettlement issues services need from time to time. However, during the period of July to December 2017, VRDS-HCL conducted 136-stakeholders meeting in the 05 project location. The following table reflects the status of the stakeholders meetings.
Table 8: Status of the Stakeholders Meetings
Sl No Location Nos of stakeholders’ meetings Remarks
1 Riverbank protection work at Zafargonj JLB-2 ( 1.4 km)
25 Public consultation meeting done
2 Riverbank protection work at Zafargonj JLB-2 (0.6 km)
19 Public consultation meeting done
3 Riverbank protection work at Chauhali 22 Public consultation meeting done
4 Embankment (Koijuri to Hurasagor) including 4 Regulators in JRB-1
60 Public consultation meeting done
5 Riverbank protection work at Harirampur 10 Public consultation meeting done
Total 136
Distribution of Booklets/Brochures
The Information Booklets has been developed by the project in Bangla and other brochures are being distributed among stakeholders/beneficiaries/UP Chairman and UP members of subproject sites at the Focus Group/stakeholders’ meetings. The entitled persons are addressed with thisinstrument. Through the booklets / brochures, entitlements of the EPs are disclosed. The EPs are concerned about their Payment of Compensation both from the Deputy Commissioner and VRDS-HCL /BWDB office. The above booklet reflects detail guidelines how to address their concern. Gender Development
Through involving womeni n sub-project activities, pro-poor women will get the opportunity for creating dynamism in the perspective of income generation, livelihoods promotion, and hygienic behavior in case of health, water and sanitation, awareness of gender discrimination etc. A new era of women in the field of development in the different project areas has been created through these trainings under the projects. In case of land acquisition and resettlement activities of project, women are given due attention to get equal opportunities for obtaining entitlement of acquired
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lands and providing compensation and resettlement to them if they are affected in this connection. Despite the formal training, provided by VRDS-HCL to invite women to the stakeholders meetings at the project site the participation was found unsatisfactory. However, women participants were encouraged to sit in the Stakeholders / Focus Group meetings to raise their voices along side with man over the issues of land acquisition and resettlement particularly apart from other gender issues. However, issues of gender discrimination and the oppression of the society in different forms over women discussed in the stakeholder’s meetings in which they took part in sharing their grievances. Way Forward – Proposed Activities
▪ Monitor the land acquisition and resettlement process in dealing with the DC offices and VRDS-HCL Joint venture/INGO.
▪ Ensure pro-active role of DC offices & different committees like PAVT/JVT for reinforcing the resettlement activities in the field.
▪ Monitor the function of different committees for Land Acquisition and Resettlement ▪ Determine the compensation package for the land acquisition and resettlement ▪ Determine and finalize the Entitlement Persons (EPs) in case of land acquisition and
resettlement for subprojects ▪ Preparation of Identity Cards for the Entitlement Person/Affected People ▪ Monitor the Grievances raised by the Affected Households/Persons and give attention to GRC
for final resolution. ▪ Monitor the opening of Bank Account for the EPs ▪ Monitor the payment procedure of the compensation to the Entitlement Persons ▪ Monitor the deposition of compensation to the Bank Account of EPs ▪ Proper documentation of the payment of the compensation to be done by VRDS-HCL Joint
venture. ▪ Ensure proactive role of VRDS-HCL Joint venturein dealing with the DC and SMO offices by
deploying professional personnel at the field. ▪ Ensure the quality of the reports of VRDS-HCL Joint venture. ▪ Ensure the monitoring activities of VRDS-HCL Joint ventureby Resettlement Specialist by visiting
subprojects as and when required.
4.9. ADB social safeguard missions During the last 6 months 2 ADB social safeguard missions (November and December) were fielded to
review the progress of implememting the correctives measures that were formulated during the last
6 months. ( the updated table that describe the corrective measures added in Annex-iv)
4.10. MIS progress VRDS-HCL developed databse of Joint Verification Survey and Market Survey data. After
computerization of survey data VRDS-HCL assessed the individual Entitle Person (EP) and quantity of
losses including EP, EC and EP’s payment.
The MIS is under development.
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5. Conclusions and Recommendations The resettlement process of FRERMIP covers compensation and resettlement assistance for the Project Affected People of their households, business structures and other lost assets in connection with the riverbank protection works under five nos of RPs and construction/rehabilitation of embankment under one no of RPs. The RPs also included women headed and vulnerable household allowance for resettlement assistance. Mitigation of loss of assets and livelihood is the focus of the Resettlement Plan. A livelihood program is included in the project-aiming enhancement of livelihood of the project-affected people. Resettlement Plan would be implemented as per revised resettlement framework which is under approval process so that the project-affected persons must not be worse off than their present social and economic status due to the project because of shifting to other places and relocation. In this project, the design, compensation, relocation options, benefits and adverse social impacts were discussed with the affected persons and their community. The stakeholders were asked for their views on the project overall as well as more specific discussion about occupying the government land, compensation process, relocation requirements, and views on alternative options. Women and other vulnerable groups had also been consulted regarding the specific project impacts and their livelihood aspects. The Project further provides several 'best practice' examples in resettlement management by encouraging community consultation and participation of Affected Persons (APs) in decision-making process. Mitigation of loss of Assets and Restoration of Livelihood are the focus of the Resettlement Plan. Hence, it deserves implementation and these best practices need to emphasize strongly and mandated in any future policy development. Approval of Resettlement Plan (RP), Land Acquisition (LA) Plan, and constitution of different committees/teams, approval of Compensation Budget and release of compensation fund should take place well before the physical work of the project starts. So that disbursement and payment of CCL and RB could be made before displacement from right of way. Land acquisition schedule should synchronize with the resettlement program to ensure disbursement of compensation both CCL and Resettlement Benefit almost simultaneously for enabling EPs utilize the total compensation money prudently for replacement of lost assets. All stipulations i.e. Tree Plantation, Social Development, Income Generation, etc. the programs need to be clearly and fully expressed, their implementation emphasized and mandated in the Plan. Dispute resolution mechanism through the Grievance Redress Committee (GRC) should be adopted in any future policy guideline to make the implementation of RP transparent and accountable.
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ANNEXES
Annex 1: Project Entitlement Matrix (AS PER UPDATED RF)
The entitlement matrix describes major types of losses attached to land acquisition and resettlement. The Project will assist the APs in clustered relocations with community facilities or, alternatively, in self-relocation. APs may be relocated to BWDB land (if available) or to plots purchased (by the APs) for which assistance is provided in the form of homestead land development. In addition to the CCL, Resettlement Benefits as per the entitlement matrix will be provided to the APs.
General Implementation Issues and application Guidelines
1. PVAT
BWDB will setup a Property Valuation Advisory Team (PVAT) at the BWDB Division level. The tasks
of this PVAT are:
a) Recommend Resettlement Cost (RC) based on Current Market price (CMP) analysis for Land,
Structures, Trees and standing Crops
b) CMP will be assessed for every affected mauza
c) In case of Land averaging (i) minimum approved price of land available at respective Sub-
registrars’ offices, (ii) reported price, and (iii) transacted price of land at those mouzas (CMP
should not be less than minimum approved price of land). RC will be obtained by adding the
titling cost prorated on the CMP thus obtained (RC=CMP+CMPxa%, where ‘a’ is the rate of
applicable registration cost for purchasing the land for CMP equivalent amount of money).
d) For all private land, the market price5will be enhanced by 50% for compensation under law
(CCL). For khas land (DC is the owner at respective districts on behalf of the government), CCL
will be the assessed market price without 50% enhancement.
e) RC for structure considering the cost of materials, labor inputs and land development cost at
current market rates.
f) RC will be approved by the Project Director.
2. INGO
BWDB will engage a NGO to support implementation of resettlement plan i.e. to support the
implementation of all land acquisition and resettlement activities. The NGO (INGO) will
a) Identify all persons who have interest in the lands that will be acquired under the project
(owner, tenants, operators etc.;
b) identify all informal occupier/ settler on the right of way of new embankment, rehabilitation
embankment and RBP works;
c) Make the landowners / tenant/ informal occupier aware about details of land acquisition
process, compensation entitlement, payment procedure/ mechanism, resettlement benefit
offered by the project.
d) Legal owners will be assisted by INGO to organize legal documents in support of their
ownership
e) INGO will identify loss and entitlement of female owners and co-sharers through share
determination at the field upon receipt of payment data from the DC office
f) The INGO will inform the APs of the details of the land acquisition and compensation process, resettlement package and payment procedure.
5 The price as recorded of recent land sale transactions in government documents.
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g) The INGO shall encourage Entitled Persons (EPs) to consider purchasing land or investing the money in productive/income generating activities.
3. JVT
a) The loss inventory items and quantities as well as the Entitled Persons (EP) shall be verified in the field through Joint Verification Team (JVT) formed by DC. The members of PVAT will attend field verification by JVT.
b) The JVT will verify the socially recognized User as identified by the Census 4. BWDB field office (Executive Engineer) will do Title updating for usufruct and other rights before
issuance of notice with assistance from INGO 5. DC will pay CCL for the Loss Items. If RC is higher than CCL, the difference will be paid by BWDB
with assistance from INGO. 6. Compensation for Structures:
a) Joint Verification (DC and BWDB) and/or Census will identify (record floor areas and category)
of structure
b) Compensation must be paid before AP dismantle and remove the structures as per civil works
requirement
c) The date of service of notice will be recognized as the cut-off date for structures not
recognized by DC. In case of major differences identified between databases, BWDB will verify
the data through the Joint Verification Team (JVT).
d) The owner is allowed to take all salvageable material
Unit of Entitlement Entitlements Applicable Law Additional Services
Loss Item 1: LOSS OF AGRICULTURAL LAND
Legal owner(s) as
identified by Deputy
Commissioner (DC)
in the process of CCL
payment.
1. Replacement Cost (RC)6
of agricultural land.
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 2: LOSS OF HOMESTEAD, COMMERCIAL, INDUSTRIAL LAND AND COMMON PROPERTY
RESOURCES
Legal owner(s) as
identified by DC in
the process of CCL
payment.
1. RC of land.
2. A plot in the residential or
commercial area of the
resettlement village (RV), if
required, for the homestead
or commercial land losers
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
1. RVs for the APs of
entitled land-owners
will be developed on
privately-owned
purchased land(s)
inside the
embankment in close
proximity to AH
6The costs of replacing lost assets (e.g., land, houses/structures, trees and crops) and income, including cost of transaction.
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Unit of Entitlement Entitlements Applicable Law Additional Services
respectively. population.
2. BWDB will assist
purchase of above
land(s) jointly with
INGO on negotiated
price and homestead
land development
(earth filling, if
needed.) with
internal road links.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 3: LOSS OF WATER BODIES (PONDS, BOTH CULTIVATED AND NON-CULTIVATED)
Legal owner(s) as
identified by DC in
the process of CCL
payment.
1. RC of the water body
(private land).
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 4: LOSS OF RESIDENTIAL STRUCTURES WITH TITLE TO LAND
Legal owner(s) as
identified by DC in
the process of CCL
payment.
1. RC of residential structure
2. Transfer Grant @ Tk. 10 per sft
of affected structure but not
exceeding Tk. 3,000.
3. Reconstruction and Homestead
Development Grant (RHDG) of Tk.
8,000.
SPS 2009
LA Act 1982
Sec 8(1) (a) &
Sec 8(2)
LA Rules 1982
LA Act 2017
Assistance in relocation and
reconstruction.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 5: LOSS OF COMMERCIAL/INDUSTRIAL/COMMON RESOURCE PROPERTY (CPR) STRUCTURES
WITH TITLE TO LAND
Legal owners as
identified by DC in
the process of CCL
1. RC of commercial,
industrial, CPR structure
SPS 2009
LA Act 1982 Sec 8(1) (a)
Assistance in
relocation and
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Unit of Entitlement Entitlements Applicable Law Additional Services
payment. 2. Transfer Grant @ Tk. 10
per sft of affected structure
but not exceeding Tk.
3,000.
3. Reconstruction Grant of
TK10,000.
& Sec 8(2)
LA Rules 1982
LA Act 2017
reconstruction.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 6: LOSS OF RESIDENTIAL AND OTHER P
HYSICAL STRUCTURES (WITHOUT TITLE TO LAND)
Socially recognized
owners of structures
built on the ROW
1. RC of structure
2. Transfer Grant @ Tk. 10
(ten) per sft of affected
structure but not
exceeding Tk. 3,000
3. Reconstruction and
Homestead Development
Grant (RHDG) of Tk. 8,000
plus a provisional option of
obtaining a free land from
BWDB in an RV on the ROW
with community facilities.
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
1. The homestead losers will produce documentary evidence and the BWDB through JVT will cross verify the
landlessness of the homestead losers for allocation of an RV plot for free.
2. The RP-INGO will assist the APs to move to clustered relocations (resettlement villages) with community
facilities or, alternatively, in self-relocation. The APs may be relocated to BWDB land (if available) or plots
purchased (by the APs) for which assistance will be provided in the form of homestead land development.
Loss Item 7: LOSS OF TIMBER AND FRUIT BEARING TREES, BAMBOO AND BANANA GROVES
1. Legal owner(s) as
identified by the DC
in the process of CCL
payment.
2. Socially recognized
owners of trees
grown on public or
1. Timber trees and
bamboo: RC of trees and
bamboo.
2. Fruit-bearing trees
without timber: if the tree is
at or near fruit-bearing
stage, the estimated current
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
INGO to explain RP
policies regarding
compensation for the
trees of different
categories and size
and make the EPs
aware that they could
take the timber and
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Unit of Entitlement Entitlements Applicable Law Additional Services
other land market value of the fruit.
3. Fruit-bearing trees with
timber: RC for the timber,
and estimated current
market value of fruit.
4. Banana groves: RC of all
trees
5. Owners will be allowed to
fell trees and take the
timber, free of cost after
payment of CCL or RC as
applicable.
fruits free of cost.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
1. The INGO will provide guidance in plantation and post-plantation care.
Loss Item 8: LOSS OF STANDING CROPS/FISH STOCK
1. Legal owners
identified by the DC
in progress of CCL
payment
2. Socially recognized
owners
1. RC of standing crops/fish
stock.
2. Owners will be
allowed to harvest crops
and fish stock.
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
INGO will assist APs
in the process of
claiming
compensation from
DC
offices for organizing
necessary
documents.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 9: LOSS OF LEASED /MORTGAGED IN LAND/PONDS
1. Leaseholder with
legal papers.
2. Socially recognized
lessee or
sharecropper, in case
of customary
informal tenancy
arrangements,
including socially
recognized
1. RC of crops/fish stock.
2. Outstanding lease money
back to the lessee by the
owner as per agreement.
1. INGO will assist in
ensuring that the
lessee
receives all eligible
payments.
2. INGO will mediate
refund of outstanding
lease money by the
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agreements. owner to the lessees.
Special Implementation Issues and application Guidelines:
1. With legal agreement: legal owner and mortgagee/leaseholder will be paid CCL by DC in accordance by
the law 2. With customary tenancy agreements, including socially-recognized verbal agreements: Legal
owner will receive CCL from DC. The legal owner will pay the outstanding liabilities to the lessee/mortgagee.
Under the following conditions: (i) all contractual liabilities are already paid up; (ii) if not, the legal owner
will get the residual payment after all liabilities are paid up. 3. BWDB will ensure RC of crops to the
cultivator with direct payment of the difference, if CCL is less than RC, with assistance from INGO. 4.
Dislocation Allowance will be paid to the actual cultivator of the acquired land by BWDB with assistance
from INGO.
Loss Item 10: LOSS OF INCOME FROM DISPLACED COMMERCIAL/ INDUSTRIAL PREMISES (OWNER
OPERATED)
Any proprietor or
businessman or
artisan operating in
premises
1. Grant for Loss of Business
@ 5% of DC’s payment for
the structure.
2. One time Moving
Assistance of Tk. 5,000 for
tenants.
3. Option to purchase a plot
in the RV, with the
assistance of the INGO
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
EPs will be brought
under income and
livelihood
regenerating
program (ILRP).
Special Implementation Issues and application Guidelines:
1. All the business operators will be entitled for grant against loss of The onetime moving assistance will be
provided to only the tenants.
Loss Item 11: TEMPORARY LOSS OF INCOME (WAGE EARNERS IN AGRICULTURE, COMMERCE & SMALL
BUSINESS AND INDUSTRY)
Regular wage
earners affected by
the acquisition.
1. Tk. 2,500 per affected
household (AH)
2. Or Tk. 3,500 for AH
headed by women
3. Employment in the
Project construction work, if
possible
1. EPs will be brought
under the ILRP.
Special Implementation Issues and application Guidelines:
EP must have been an employee of landowner or business located in the acquired lands for at least twelve
months, as identified by Joint Verification and/or a contracted institution or a consulting company’s census.
Loss Item 12: LOSS OF INCOME FROM RENTED -OUT AND ACCESS TO RENTED-IN RESIDENTIAL/
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COMMERCIAL PREMISES
1. Owner of the
rented-out premises
2. AH/person rented-
in any such structure
Dislocation Allowance of Tk.
4,000 for each unit of
premises to both the renter
and the rentees.
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
EPs will be brought
under the ILRP.
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 13: ADVERSE IMPACT ON HOST POPULATION DUE TO RELOCATION OF APs
Households self-
relocated to the host
villages
Enhancement of carrying
capacity of common civic
amenities/utilities of the
host communities as per
assessment by BWDB.
1. Investment in the
host area to improve
health, education,
and other public
services.
2. Forestation in the
host area.
Special Implementation Issues and application Guidelines:
Community needs for enhancement of common facilities in host areas will be assessed through a needs
assessment survey.
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Loss Item 14: VULNERABLE AHs SPECIAL ASSISTANCE
Vulnerable AH
Assistance: Female-
headed households,
disabled, elderly,
extremely poor and
those losing more
than 10% of their
income to acquisition
of land or business.
One-Time Special Assistance
Grant of Tk 5,000
Skill training and credit
support under ILRP.
EPs will be brought
under the ILRP.
Special Implementation Issues and application Guidelines:
1. Loss of income will be assessed as per actual loss of productive resources (land and businesses) to the
project and the total income of the affected households from all sources through Census of all AHs.
2. JVT will verify the percentage of loss comparing the actual loss and the total income from all sources of
the affected households.
3. Households turning into landless due to acquisition of agricultural land will be eligible for larger credit
from the ILRP for longer duration.
Loss Item 15: LOSS OF SUBMERGED LAND (ERODED LAND)
1. Legal owner(s) of
land (DC's khas land
after legally
established AD
Line).
2. Previous private
owners of land
below AD Line.
1. In absence of legally
established AD line, all
entitlements as provisioned
for Loss Item 1.
2. In case of khas land, CCL
to respective DCs.
3. RC of khas land to
previous owner(s).
SPS 2009
LA Act 1982 Sec 8(1) (a)
& Sec 8(2)
LA Rules 1982
LA Act 2017
Special Implementation Issues and application Guidelines: In Case of any conflict between Government
Act/Rules & SPS 2009, later will prevail.
Loss Item 16: UNFORESEEN ADVERSE IMPACTS
Households/persons
affected by any
unforeseen impact
identified during RP
implementation
Entitlements will be
determined as per the
resettlement policy
framework
As appropriate
Special Implementation Issues and application Guidelines:
The unforeseen impacts and affected persons will be identified with due care as per policy framework and
proposed to the MoWR and the ADB for approval including quantity of losses, their owners and the
entitlements.
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Annex 3: Pictoral Views
ADB mission visit at Embankment KRB-1 on 05/11/17 ADB mission visit at Chauhali on 06/11/17
Consultation Meeting on 6/10/2017 at
ADB mission visit at Chauhali on 06/11/17 ADB mission visit at Zafarganj on 06/11/17
Monthly Meeting at PD office on 07/09/2017
Consultation Meeting on 10/09/2017 Consultation Meeting on 10/09/2017
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GRC Meeting at Tangain XEN office on 14/09/2017 PVAT meeting at Tangail XEN Office on 18/09/2017
Monthly Meeting at PD office on 28/08/2017 Resettlement benefit distribution at Chauhali RBP on 22/07/2017
Resettlement benefit distribution at Zafarganj RBP ( 600m) on 16/07/2017
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Annex 4: correctives measures
1. Corrective Action Plan to bring the project comply with the Loan Agreement for Zafarganj 1.4 Km, Manikganj
Sl.No Corrective Actions Dateline and
related remarks
Responsible
Party
Status as on
31 Dec. 2017
Revised
Deadline
1 Inventory DPs to show the
following list of group of DPs:
Submitted to ADB
18 June 2017
BWDB assisted
by the I-NGO
Done
Identified DPs received
resettlement Grant
Done
Identify DPs that will received land
compensation through DC
Done
Identify DPs with titleholders that
loss other properties such as tree,
structures, moving grants, and
transition allowance due loss
income but will not be paid by DC
and those who will be paid by DC
NA
Identify DPs with title holders but
were not included in the DC list for
payment
NA
Identify DPs without title that
have received full compensation
and other entitlements
Done
Identify DPs without title that
have not received/ have not been
paid a compensation and other
entitlements, and describe clearly
what needs to be paid
Done
Identify as clearly as possible
where the source of funding that
will be used for paying
outstanding compensation and
other entitlement for each group
listed above (either from
government budget through DC or
project budget
Done
2 Submission of Estimate from DC to
BWDB for paying compensation
and other entitlement based on
Joint Verification Committee
15 June 2017 BWDB has to
urge respective
DCs submit on
time
Received
47 | P a g e
Sl.No Corrective Actions Dateline and
related
remarks
Responsible
Party
Status as on 3 1th Dec.
2017
Revised
Deadline
3 Transfer of fund from BWDB to
respective DC
20 June 2017 BWDB Done
4 Payment compensation to DPs
by DC
20 to 25 June
2017
Respective DC
in close
coordination
with BWDB
Notice u/s 7 (payment
notice) issued on
12.11.2017. 50 out of
90 APS have applied for
CCL.
1st
February,
2018
5 Payment of Compensation and
other entitlement to DPs
without titleholders by the
Project
Complete by
25 June 2017
BWDB
assisted by I-
NGO
88 EPs received
resettlement benefit on
15.04.2017; 2 EPs
payment pending (10
wage earner & 2 title
holders)
7th February, 2018
6 Submit report to ADB on
completion of implementation
the corrective action plan for
Zafarganj 1.4 km
9 July 2017 BWDB Monthly Report of June
& July and Meeting
minutes of 1 & 28
August 2017 submitted
to ADB.
10th
February,
2018
2. Corrective Action Plan to bring the project comply with the Loan Agreement for Zafargonj 0.6 Km,
Manikgonj
Corrective Actions Date line and
related
remarks
Responsible Party Status as on 31
Dec. 2017
Revised
Deadline
1 Based on the RP verify DPs with
and without title that need to
receive compensation and other
entitlement, the inventory should
be able to show the following
group of DPs
Submitted to
18 June 2017
BWDB assisted by the
I-NGO
Done
Identified DPs with titleholder
that have been included in the list
of DC and received notification
and verified by JVC and payment
should be from Government
budget
Done
Identify DPs with titleholders that
includes in the DC list but
compensation for loss other
Done
48 | P a g e
Corrective Actions Date line and
related
remarks
Responsible Party Status as on 31
Dec. 2017
Revised
Deadline
properties such as tree,
structures, moving grants, and
transition allowance due loss
income but will not be paid by
DC and should be paid by the
Project budget
Identify DPs with titleholder but
were not included in the list of DC
survey and verification
committee. Detail list of
compensation and other
entitlement for these DPs should
be identified and whether these
compensation and entitlement
should be paid by the project
budget
Done
Identify DPs without titleholders
that needs to be pay full
compensation and entitlement by
the project budget – should
describe detail compensation and
entitlement that should be paid
e.g. loss tree, structures, moving
grants, and transition allowance
due loss income
Done
Identify as clearly as possible
where the source of funding that
will be used for paying
compensation and other
entitlement, and indicate how
much payments can be made
under the available project
budget under the ADP 2016/2017
and how much fund needed
under ADP 2017/2018
Done
2 Expedite completion of DC tasks
to complete the process under LA
Act
25 June 2017 Respective DCs submit
to BWDB
Needs BWDB’s efforts
to ensure respective
DCs to submit the
required budget to
Done
Submission DC budget to
compensate DPs with title holders
received by BWDB For Zafargonj
25 June 2017 Done
49 | P a g e
Corrective Actions Date line and
related
remarks
Responsible Party Status as on 31
Dec. 2017
Revised
Deadline
0.6 km BWDB
3 Transfer Fund from BWDB to
Respective DCs from budget
under 2017/2018 ADP
- As the available government fund can only cover payment for titleholder DPs for Zafargonj 1.4 km section
First week of
September
2017
BWDB Done
4 Payment Compensation and other
entitlement by DC to DPs with
titleholders
September
2017
Respective DCs in
close coordination
with BWDB
Notice u/s 3, 6 &
7 already issued;
Payment in
progress as per
government
process. All 26
Title holders
applied for CCL
payment.
7 February
2018
5
Payment compensation and
other entitlement to the DPs
without title from project budget
under ADP 2016/2017
30 June 2017 BWDB assisted by I-
NGO
26 EPs received payment of resettlement benefit
6 Payment compensation and other
entitlement to the DPs without
title from project budget under
ADP 2017/2018
September
2017
BWDB assisted by I-
NGO
NA
7 Submit letter to ADB to report the
progress in implementing
Corrective Actions in monthly
basis
5 July, 5
August, 5 Sept,
2017
BWDB Monthly Report
of June & July
and Meeting
minutes of 1 &
28 August 2017
submitted to
ADB.
Progress is
being
reported
regularly.
8 Submit report to ADB on
completion of corrective action
for implementing RP for Zafargonj
1.4 km
10 October
2017
BWDB
10th
February
2018
50 | P a g e
3. Corrective Action Plan to bring the project comply with the Loan Agreement for Chauhali, Tangail
Corrective Actions Date line and
related
remarks
Responsible
Party
Status as on 31 Dec 2017 Revised
Deadline
1 Based on the RP verify DPs with
and without title that need to
received compensation and other
entitlement, the inventory should
be able to show the following
group of DPs
Submitted to
on the last
week of June
2017
BWDB
assisted by
the I-NGO
Done
Identified DPs with titleholder
that have been included in the
list of DC and received
notification and verified by JVC
and payment should be from
Government budget
Done
Identify DPs with titleholders that
includes in the DC list but
compensation for loss other
properties such as tree,
structures, moving grants, and
transition allowance due loss
income but will not be paid by
DC and should be paid by the
Project budget
Done
Identify DPs with titleholder but
were not included in the list of
DC (because during DC and JVC
survey, these DPs have moved )
and identify compensation and
other entitlement for these DPs
that should be paid by the
project budget
NA
Identify DPs without titleholders
that needs to be pay full
compensation and entitlement
by the project budget – should
describe detail compensation
and entitlement that should be
paid e.g. loss tree, structures,
moving grants, and transition
Done
51 | P a g e
Corrective Actions Date line and
related
remarks
Responsible
Party
Status as on 31 Dec 2017 Revised
Deadline
allowance due loss income
Identify as clearly as possible
where the source of funding that
will be used for paying
compensation and other
entitlement either government
budget or project budget under
the ADP 2017/2018
Done
2 Continue with actions to follow
up approval from the Prime
Minister and obtain Prime
Minister Approval for land
acquisition
31 July 2017 BWDB Approval obtained from
the Prime Minister office
on 03.12.2017 for
Sirajganj Part
3 Expedite completion of DC tasks
including JVC tasks to complete
the process under LA Act
15 August
2017
Respective
DCs submit to
BWDB
And BWDB
will provide
the required
budget
JVC tasks already
completed by DC.
Submission of DC budget to
compensate DPs with title
holders received by BWDB for
Chauhali
16 August
2017
For Tangail district
estimate received & fund
will be paid very soon.
For Sirajganj district part
notice U/S – 6 is in
process.
25
December
4 Transfer Fund from BWDB to
Respective DCs
First week of
September
2017
BWDB For Tangail, Got estimate
& fund will be transferred
soon. For Sirajganj, notice
U/S – 7 is in process.
1st
January,
2018
(Sirajganj)
5 Payment Compensation and
other entitlement by DC to DPs
with titleholders
September
2017
Respective DC
in close
coordination
with BWDB
Do 7th
February
2018
6 Payment compensation and
other entitlement to the DPs
without title from project budget
September
2017
BWDB
assisted by I-
NGO
36 nos with titleholder
DPs payment will be
made very soon. Out of
191 nos. benefit given to
52 nos. (rest APs will get
vulnerable grant)
15.01.2018
7 Submit letter to ADB to report
the progress in implementing
Corrective Actions in monthly
5 July, 5
August, 5 Sept,
2017
BWDB Monthly Report of June &
July and Meeting minutes
of 1 & 28 August 2017
Monthly
Report of
August by