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Social Monitoring Report March 2015 Project Number: 37143
IND: North Eastern State Roads Investment Program
— Tranche 1
Prepared by the Public Works Department, Assam, Government of India for the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area."
GOVERNMENT OF ASSAM
AS-11 AND AS-37C
North Eastern State Roads Investment Program (NESRIP),
And MDONER
Funded by: ADB Loan No.2770-India.
Prepared and Submitted by: The Contractor: AECOM Asia Company Limited M/S DRAIPL – ABCI(JV) In Joint venture with Rodic Consultants Pvt. Ltd.
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT JANUARY TO JUNE 2014
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 1 of 17
ABBREVIATIONS:
ADB - Asian Development Bank
AFPRO - Action for Food Production
AP - Affected Person
APWD - Assam Public Works Department
ARO - Assistant Resettlement Officer
BPL - Below Poverty Line
BSR - Basic Schedule Rate
COI - Corridor of Impact
CPR - Common Property Resource
CSC - Construction Supervision Consultant
DC - District Collector
DPR - Detailed Project Report
EA - Executing Agency
GOI - Government of India
GOA - Government of Assam
GRC - Grievance Redressal Committee
IR - Income Restoration
LA - Land Acquisition
LAA - Land Acquisition Act
LVC - Land Valuation Committee
NESRIP - North East State Road Investment Program
NGO - Non- Government Organization
NRRP - National Rehabilitation and Resettlement Policy
NTH - Non- Titleholder
PH - Physically Handicapped
PIU - Project Implementation Unit
PWD - Public Works Department
R&R - Resettlement and Rehabilitation
RO - Resettlement Officer
ROW - Right of Way
RP - Resettlement Plan
SC - Scheduled Caste
SPS - Safeguard Policy Statement
ST - Scheduled Caste
TH - Titleholder
WHH - Women Headed Household
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 2 of 17
1.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE:
1.01 Name of the Road – Kalitakuchi to Barpeta (AS-37C)
The objective of the projects under NESRIP is to develop the road network and establish
improved road connectivity. The project road (AS-37C) between Kalitakuchi to Barpeta
(58.50km) is proposed for improvement and upgradation. It passes through three districts i.e.
Kamrup, Nalbari and Barpeta and connects Guwahati, the capital city of the state. The project
road is an intermediate bituminous road with length of about 58.5km and the carriageway
varies between 5.0 and 5,5 m. The road passes through the flood plain of Brahmaputra River.
It takes off at Kalitakuchi from the State Highway between Hajo and Nalbari and ends beyond
Barpeta enroute to Jania . The entire stretch passes through the densely populated area. The
proposed road improvement involves acquisition of land. Residential and commercial
structures, other assets, common property resources within the Corridor of Impact will also
be affected.
Figure 1:Location Map of AS-37C
2.0 BACKGROUND OF THE PROJECT ROAD AND SCOPE :
2.01 Name of the Road – Bilasipara to Fakiragram (AS-11)
The Project Road AS-11 is a State Highway and is a part or a place of the corridor among
Kokrajhar, Fakiragram, Bilasipara and Dhubri. The corridor provides connectivity to the
thickly populated area in Lower Assam between Fakiragram and Bilasipara. Fakiragram is
connected by road network and railway and connected to Kokrajhar and beyond to
Bongaigaon at NH-31 whereas on the lower end, Bilasipara is connected to Dhubri, both at
NH-31 B. For all practical purposes, this Road Corridor is a link between NH-31 and NH-31B
through the interior lower Assam plain of the State.
The Project Road takes off from old NH-31 at Bilasipara. The road passes through plain
terrain having flat gradient. The horizontal geometrics of the Project Road are easy without
sharp and substandard curves. The embankment is low and almost entire length of the road
gets submerged every year during monsoon period resulting in erosion of shoulders and
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 3 of 17
disintegration of road pavement. The existing single lane road is now reduced up to 2 m width
and in some stretches; the crust has been washed away altogether. The road passes through a
number of villages enroute between Bilasipara and Fakiragram. Land use along the Project
Road is predominantly agricultural but with stretches passing through road side villages and
built-up areas. Total length of the Project Road as per design is 16.20 km.
Figure 2:Location Map of AS-11
3.0 GENERAL INFORMATION ON THE PROJECT:
3.01 Name of the Project: IND: North East State Roads Investment Program.
3.02 Location: (i) Kalitakuchi to Barpeta (AS-37C)
(ii) Bilasipara (NH-31) to Fakiragram (AS-11)
3.03 Total Length of the project road:
(i) Kalitakuchi to Barpeta (AS-37C) = 58.50 km
(ii) Bilasipara (NH-31) to Fakiragram (AS-11) = 16.20 km
3.04 Administrative Approval Value: 169.94 Crore
3.05 Component of the funds for the project:
- Government of India share: 150.76 crore
- State Share: 19.18 crore
4.0 INFORMATION ON LOAN:
4.01 Kalitakuchi to Barpeta (AS-37C) & Bilasipara (NH-31) to Fakiragram (AS-11)
- Loan number: ADB 2770- IND
- Signing Date: 10.12.2012
- Effective Date: 10.12.2012
- Name of the Borrower: Ministry of Development of North Eastern Region
- Name of the Employer: Assam Public Works Department
- Name of the Bank: Asian Development Bank
- Loan amount in various currencies equivalent to Indian Currency (Rupee):
169.94 crore
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 4 of 17
5.0 IMPLEMENTATION OF THE RESETTLEMENT ACTIVITIES:
5.01 Handed over sections
Land free from encumbrance needs to be handed over to the contractor for fast and
speedy execution of civil works.
5.02 Process
An assessment is made of the ownership of the land based on the available revenue records.
Subsequently Survey is undertaken of the land to determine the extent of impact. This
appraisal is initiated with government land as it is less likely to have any impact and thus
easier to hand over. On appraisal if no impacts are found on any Title-holder (TH) or Non
title holders (NTH) like encroachers or squatters, then it is deemed to be free from
encumbrances from the resettlement point of view.
This is certified by the NGO engaged for implementation of the resettlement activities
followed by further assessment of the CSC through its Land Acquisition and Resettlement
Specialist and then handed over to the contractor for initiation of construction activities. The
land is formally handed over to the contractor by the PWD. This methodology has been
followed when handing over the stretches mentioned ahead.
5.03 Encumbrance Free Sections of AS-37C
The PWD has handed over a total 27.92 Km of encumbrance free land to the contractor
by 10/04/2014, vide letter no. CSC/BLA/SGCCL/2014/0604. This followed a process of
proper verification/ certification by the NGO and then the CSC. The following table
indicates the chronological order of handing over of land to the Contractor.
Table: 1, Details of Land Handed Over to Contractor
Letter Ref No. CSC/BLA/SGCCL/2013/0474, Date: 16/12/2013
Sl.
No:
Encumbrance Free Land stretch Length
(in Kms) From
(in Kms)
To
(in Kms)
1 55+005 55+221 0.216
2 55+300 55+730 0.430
3 55+771 55+826 0.055
4 55+855 55+960 1.105
5 56+970 57+000 0.030
6 57+012 58+000 0.988
Total Length of encumbrance free land/stretch: 2.824
1 48+600 50+260 1.660
2 50+280 50+560 0.280
3 51+420 52+700 1.280
Sub Total (A): 3.220
1 7+125 8+190 1.065
2 8+400 9+500 1.100
3 9+600 10+380 0.780
4 10+690 11+000 0.310
SEMI ANNUAL REPORT
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Page 5 of 17
5 11+160 11+600 0.440
6 11+700 12+410 0.710
7 12+700 13+000 0.300
8 15+930 16+400 0.470
9 19+230 20+630 1.400
10 20+720 21+180 0.460
11 22+220 23+870 1.650
12 27+980 28+500 0.520
13 35+000 35+570 0.570
14 35+900 36+550 0.650
15 36+880 37+220 0.340
16 39+000 40+600 1.600
17 40+900 41+480 0.580
18 41+670 42+500 0.830
19 42+600 43+200 0.600
20 44+980 45+100 0.120
21 45+200 45+450 0.250
22 46+360 46+800 0.440
Sub Total (B): 15.185
Sub Total (B): 15.185
As detailed in Table-I Sub Total (C): 2.824
Summation of (A)+(B)+(C) = 21.229 Kms.
Letter Ref No. CSC/BLA/SGCCL/2014/0527, Date: 04/02/2014
1 10+380 10+690 0.310
2 11+600 11+700 0.100
3 12+410 12+700 0.290
4 13+000 13+310 0.310
5 14+000 14+070 0.070
6 14+160 14+260 0.100
7 21+360 21+510 0.150
8 21+740 21+780 0.040
9 21+840 22+080 0.240
10 23+870 24+200 0.330
11 50+800 51+110 0.310
12 51+300 51+420 0.120
Total 2.37 Kms
Letter Ref No. CSC/BLA/SGCCL/2014/0604 Date:
10/04/2014 1 9+500 9+550 50
2 11+000 11+060 60
3 14+000 14+070 70
4 19+180 19+230 50
5 21+180 21+240 60
6 21+280 21+360 80
7 21+510 21+740 230
8 21+780 21+840 60
9 22+080 22+130 50
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 6 of 17
10 22+180 22+220 40
11 24+200 25+110 910
12 25+290 26+000 710
13 27+380 27+570 190
14 27+620 27+980 360
15 28+500 28+660 160
16 38+470 38+580 110
17 38+620 39+000 380
18 40+640 40+900 260
19 41+580 41+670 90
20 50+560 50+610 50
21 51+210 51+330 120
22 52+700 52+930 230
Total 4.320 Kms
5.04 Encumbrance free sections of AS-11
This sub project does not entail any LA and a preliminary assessment has shown that
there are no resettlement impacts on any NTH or CPRs. There is enough width available
for road construction.
No RP has been prepared for this sub project. Hence this report contains the
information on the impacts on only one sub-project i.e. AS-37C.
6.0 OVERVIEW OF IMPACT:
6.01 Land Acquisition Impact
As per the data in the RP, Land Acquisition was proposed for 45.60 ha and transfer of
government land of 0.17 ha. Current data shows that the quantum of private land acquisition
has been reduced to 29.74 ha and government land transfer requirement is now 11.55 hectares
as against the original 0.17 hectares. Further details of land acquisition are given in
Annexure I
6.02 Land Acquisition Notifications
The land acquisition is being done as per the provisions of the old Act of 1894 as these
proposals were initiated before the new act came into being i.e. before 31st December 2013.
The subproject involves land acquisition in three districts of Kamrup, Nalbari and Barpeta.
The Section 4(I) notifications involving the “Publication of preliminary notification and powers of officers thereupon” have been published in 2013 and their validity is for a year. Hence the declaration that the land is required for a public purpose or 6 (i) notification
needs to be completed within a year of publication of the 4(i) notification. This is being
followed up with the respective District collectors and the Deputy Secretary revenue, Assam
Government. So far the Section 6 (i) notifications have been published for Barpeta
district and for one village in Nalbari.
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 7 of 17
7.0 The Land Acquisition notifications finalized till June, 2014 are as follows:
Table: 2, Status of Land Acquisition Notifications:
Sl.
No. Name of District LA Case No
Section 4 (I)
Notification Dates
Section 6 (I)
Notification Dates
1
Kamrup (Rural) 4/- 2012
30/12/2013 NIL
Kamrup (Rural) 5/- 2012
Kamrup (Rural) 6/- 2012
Kamrup (Rural)
7/- 2012
Kamrup (Rural) 8/- 2012
2 Nalbari
1/- 2011 28/05/2013
NIL
2/- 2011 29/04/2013
3/- 2011 28/05/2013
4/- 2011 28/05/2013
5/- 2011 28/05/2013
6/- 2011 28/05/2013
7/- 2011 28/05/2013
8/- 2011 28/05/2013
9/ - 2011 28/05/2013
10/- 2011 24/04/2013 21.06.2014
11/- 2011 28/05/2013 NIL
12/-2011 28/05/2013
3 Barpeta
3/-2012 26/06/2013 29.05.2014
4/-2012 26/06/2013 29.05.2014
6/-2012 08/12/2013 29.05.2014
7/-2012 26/06/2013 29.05.2014
8/-2012 26/06/2013 29.05.2014
9/-2012 26/06/2013 29.05.2014
10/-2012 26/06/2013 29.05.2014
14/-2012 26/06/2013 29.05.2014
8.0 RESETTLEMENT IMPACT:
The resettlement and rehabilitation framework of the project have been evolved from the
ADB’s SPS, 2009, relevant national, state and departmental policies. The implementation of the R & R Provisions of the project is governed by this framework developed.
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 8 of 17
8.01 As per the RP the total number of DPs is as follows:
Table: 3, Number of Displaced households and Persons
District Families DPs
Kamrup 351 1518
Nalbari 516 2274
Barpeta 662 2442
TOTAL 1529 6234
Source: Consultant Field Team, 2008-09
Table: 4, Number of Displaced households by Ownership
Titleholder Tenant Encroacher Total
1191 303 35 1529
Source: Consultant Field Team, 2008-09
The NGO has submitted a list of 691 APs for verification to the PWD.
Table: 5, Implementation Status of Key Activities
Activity Current Status Date/ Period
Development of checklist for joint verification Not yet completed -
Verification of titleholders Only 691 APs have been
identified -
Verification of non- titleholders Yet to be prepared -
Verification and joint measurement survey Yet to be prepared -
Preparation of the updated list of Affected Persons Yet to be prepared -
Calculation of replacement cost of land Yet to be done -
Marking and valuation of affected structures Yet to be done -
Calculation of replacement value of affected
structure Yet to be done -
Information dissemination and distribution of
R&R policy Done -
Preparation of Micro- Plan Yet to be prepared by the
NGO -
Distribution of Identity Cards
Not yet done. Only format
of identity card has been
prepared. It was approved
by PWD
3rd
June 2013,
vide Letter no.
CE/NEC/ADB/14
0/12-13/30
Disbursal of R&R assistance Yet to be done -
Training and needs assessment of the APs for
income restoration Yet to be done -
Consultation with Affected Persons Yet to be done -
Public Consultation 14 meetings were
conducted Jan- June, 2014
The NGO team reported that they have organized for 14 meetings within this reporting
period. They informed the residents in the stretch about the project, the process of upgrading
the road and about the resettlement issues. People are happy about it and they welcome the
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 9 of 17
Project; some were apprehensive. The residents have mentioned that they want the
compensation amount before allowing any construction work.
It is noted that the NGO did not do the proper documentation of all the 14 consultation
meetings that have been organised. It has been advised that they carry out proper
documentation in the way of photographs, signed attendance sheets of every meeting.
8.02 Relocation of Common Property Resources (CPRs)
As per the data in the RP, it was assessed that approximately 152 Common Property
Resources (CPRs) including Government properties are likely to be impacted.
8.03 Further verification is to be carried out by the NGO.
The NGO has verified that there are 25 Religious and 18 Government Buildings as being
affected. Measures are being taken to minimize the impact on the CPRs and for this an
assessment of land availability was made. This exercise was undertaken especially at the
congested market places and the built up areas before finalization of the COI to reduce
negative impacts and minimize them as far as possible.
A major concern is the negative impact on the masjid at Adabari village, Nalbari district at
chainage 8+318 km to 8+345 km due to correction of the substandard curve at that location.
A number of consultation meetings have been organized at this location from time to time by
the IA (APWD) along with the CSC, NGO personnel. The masjid committee members along
with the local community have been consulted on ways and means to minimize and mitigate
the impact on the main structure.
The community has requested that as far as possible through design interventions, the
impact on the main structure should be minimized. This structure has been made with the
contribution of the poor and the marginalized people and a lot of religious sentiment is
attached to it.
Hence, it has been decided that work at this location will not be undertaken till a
consensus opinion is formed on the way forward.
9.0 CAPACITY BUILDING:
9.01 Training
In order to ensure smooth and effective implementation of RP, the PIU is entrusted with the
responsibility of conducting training programmes for the resettlement staff, contractors and to
all those who are associated with the project with assistance from the dedicated Specialists
appointed by the CSC.
The land acquisition and Resettlement specialist of the CSC, Dr. Sharmila Singh has been
providing on site and class room trainings to the stakeholders involved in the implementation
of the project.
The capacity building of the NGO is very essential for the successful implementation of the
resettlement activities and hence intensive training on the processes is required.
A number of class room trainings followed up by on site demonstration with the two NGOs
along with the resettlement staff of the state PWD have been organised.
SEMI ANNUAL REPORT
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Page 10 of 17
9.02 Details of Training
a) 23rd
February 2014, a training programme was organized at the CSC office for the CSS
staff, PIU staff and the NGO personnels on the new Land Acquisition Act, 2013.
b) 21st March 2014, the PIU staff was given a training on the New Land Acquisition Act
which came into being from January 2014 by Dr. Sharmila Singh at the CSC office.
c) 27th
May 2014, a training programme was conducted at the office of DC, Nalbari in the
presence of the Circle officers of Nalbari district, PWD officials from Nalbari, NGO, the
PIU staff on the requirements of the new act and how it affects the project.
Attendance sheets of all three trainings is attached as Annexure - III
10.0 RESETTLEMENT STAFFING:
The PIU has its own Resettlement Unit with at least one full time Resettlement Officer for the
duration of resettlement activities. The PIU has also appointed a Resettlement Expert to assist
the PIU in Resettlement activities. The NGO and the CSC’s staff form part of the setup.
10.01 NGO appointment:
AFPRO was appointed on 8
th November, 2012 vide Letter No. CE/NEC/ADB/140/12-13/1 to
assist PIU in RP implementation but the resettlement activities could not be fully implemented
due to unsatisfactory performance of it and also due to non- disbursement of fund to the agency.
AFPRO on 4th
December, 2013 vide Letter No. ATFG/NESRIP/13- 14/62.
As a replacement SAI International Sansthan Service was engaged on 17th
January 2014 vide
Letter No. CE/NEC/ADB/140/12- 13/61, who probably needs support and guidance in
implementing the resettlement activities.
Sai Started it’s site activities from end of January with an initimation to PWD that they were
initiating their activities. No information was provided about the deployment of Key
professionals though. After repeated reminders from the RO, Mr. Pranab Rabha the workplan
was submitted. The NGO started the assessment activities after a subsequent kick off meeting
with all the stakeholders. The PWD advised them to mobilise their KPs at the earliest to support
the site staff mobilised. The list of the design width finalised till date was also handed over to
the NGO.
The NGO has been undertaking the DMS of the Nalbari and Barpeta district of the NTHs and
on submission of the report a desk review and subsequent joint verification revealed glaring
mistakes. These errors were pointed out to the NGO and were asked to rectify them at the
earliest so that assistance can be given to the NTHs. But despite repeated reminders no
rectification was done them.
10.02 Resettlement Staff of PWD
The state PWD has identified relavent staff for successful implementation of the resettlement
plan and its related activities. For this a designated Resettlement Officer has been identified and
is notified. He will be the link between the NGO,PWD and the CSC.
Mr. Pranab Rabha, Asstt. Executive Engineer, PWD Guwahati NEC Sub- Division was
appointed as the Resettlement Officer for NESRIP Project (Tranche- I Road) on 15.02.2012,
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 11 of 17
with vide Letter No: CE/NEC/ADB/31/11-12/Pt- I/2 and is continuing to be the RO till his
transfer. Subsequent to Mr. Rabha’s transfer in February a new RO has been appointed.
Mr. Mazibur Rahman, Asstt. Executive Engineer, PWD Guwahati NEC Sub- Division who
has been appointed as the new Resettlement Officer for NESRIP Project (Tranche- I Road) on
25.03.2014, with vide Letter No: CE/NEC/ADB/31/11- 12/ Pt- I/14.
10.03 Appointment of AROs
Mr.Ataur Rahman was appointed as (Social Safeguard) Land Acquisition Specialist for PIU
on 26/11/2012 vide Letter No. CE/NEC/1/92/pt- 1/ 138. This was so done to facilitate the
activities related to Land acquisition.
The department has also been trying to identify resources from the revenue department who
could be hired for facilitating the land acquisition process for the project.
10.04 Appointment of Resettlement Expert (RE)
As desired by the ADB during its mission in December 2013 an independent Resettlement
Expert is to be hired by the PWD for assisting in the implementation of the RP and it’s related activities. In this context an advertisement was given and an independent expert, Ms. Pallavi
Mudoi was hired. She has been hired for an initial 6 months from March, Vide Letter No.
CE/NESRIP/ADB/190/13- 14/9, dated: 01/03/2014.
10.05 Social Experts of the CSC
The CSC has two social experts namely the a) Land Acquisition and Resettlement specialist
and b) the Socio Economic Impact Monitoring specialist.
The LA and R&R expert works in close coordination with the PWD team of resettlement and
Land acquisition as well as of the NGO and assists them on all such matters thereof. The role of
the specialist is to assist and provide guidance to the NGO and state PWD on matters related to
resettlement and land acquisition.
The socio economic monitoring specialist looks after all social impact planning and monitoring.
She works as the internal monitor for the project assessing the extent of socio economic impacts
of the project on the lives of people.
11.0 OTHER INFORMATION RELATED TO IMPLEMENTATION OF
RESETTLEMENT PLAN:
11.01 Notification of GRC
The RP will have a mechanism to ensure that the benefits are effectively transferred to the
beneficiaries and will ensure proper disclosure and public consultation with the displaced
population. However, need also exists for an efficient grievance redressal mechanism that will
assist the APs in resolving queries and complaints. Therefore, formation of Grievance
Redressal Committee (GRC) will be most important for grievance redressal and it is
anticipated that most, if not all grievances, would be settled by the GRC. The GRCs are
SEMI ANNUAL REPORT
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Page 12 of 17
expected to resolve the grievances of the eligible persons within a stipulated time. The
decision of the GRCs is binding, unless vacated by court of law.
The GRC will be constituted at PIU level only comprising Project Director, Resettlement
Officer, representative from local level NGOs, elected representative from zila parishad,
representatives of Displaced Persons including vulnerable groups and women in the
committee. The GRC will be a voluntary body and will continue to function, for the benefit of
the APs, during the entire life of the project including the defects liability periods.
The response time prescribed for the GRCs is three weeks. Since the entire resettlement
component of the project has to be completed before the construction starts for the whole
project, the GRC will meet at least once in three weeks to resolve the pending grievances.
Other than disputes relating to ownership rights under the court of law, GRC will review
grievances involving all resettlement benefits, compensation, relocation and other assistance.
The Grievance Redressal Committee (GRC) has been notified constituted at PIU level in
order to assist the Displaced Persons (DPs) in resolving queries and complaints. The
GRC has been notified with vide GO dated GO No. NEC. 12/2013/10 on 25th
July, 2013
refer Annexure- IV
The committee comprises PD, RO, representative from local NGOs, elected representative
from Zila Parishad, representatives of Displaced Persons (DPs) including vulnerable groups
and women in the committee. The GRC will meet at least once in three weeks to resolve the
pending grievances, if any.
Apart from setting up of the GRC, Grievance registers have been placed at the circle offices
of the PWD for recording any complaint from the public.
11.02 Notification of LVC
A Land Valuation Committee (LVC) will be established headed by a senior officer from the
land revenue department at state/ district level and include representatives from department
of agriculture, forest, horticulture, representatives from the Zilla Parishad, local panchayats of
Displaced Persons, independent valuer engaged by EA, local NGO representatives and RO/
representative from the PIU. This committee will not operate for full time and will be
functional at the time of finalization of RP budgets and during land acquisition.
The LVC will be responsible for finalizing the values of the affected assets taking into
account the prevalent replacement value on the basis of land market survey, undertaken by the
independent valuer appointed by the EA. The prices for land and other assets established and
approved by the LVC will be used for compensation for the project. These rates will be
reviewed and updated on an annual basis during the course of project implementation. Three
LVCs have been notified which are functional as per the details given below.
a) LVC Notification for Kamrup was notified on vide Letter no: NEC/12/2013/7
dated 17th
July 2013.
b) LVC Notification for Nalbari was notified on vide Letter no: NEC/12/2013/9 dated
17th
July 2013.
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c) LVC Notification for Barpeta was notified on vide Letter no: NEC/12/2013/8
dated 17th
July 2013.
Refer Annexure- V
These LVCs have been meeting every month and are instrumental in finalisation of the RP
budgets in each of these three districts. There is representation from different line departments
like horticulture, fisheries, agriculture etc. along with the revenue and the PWD.
11.03 Public Consultations
Public consultations are important and continuous process for which NGO plays an important
role. The NGO team reported that they have organized 14 meetings within this reporting
period. They informed the residents in the stretch about the project, the process of upgrading
the road and about the resettlement issues. People are happy about it and they welcome the
project: some were apprehensive. The residents have mentioned that they want the
compensation amount before allowing any construction work.
It would be noteworthy to add that the NGO has no documentary proof of any of the
meeting it has organized. It has been advised to have a proper documentation in the
form of photographs, attendance sheets etc. for all future consultation meetings.
11.04 Resettlement issues
(i) NGO
AFPRO and SAI International Sansthan
The NGO (AFPRO) was engaged by Executing Agency on 8th
November, 2012 vide Letter
No. CE/NEC/ADB/140/12-13/1 to assist PIU in RP implementation but the resettlement
activities could not be fully implemented due to unsatisfactory performance of it and also due
to non- disbursement of fund to the agency. So it has already withdrawn its activity. The CSC
is working closely with the newly appointed NGO, SAI International Sansthan, engaged on
17th
January 2014 vide Letter No. CE/NEC/ADB/140/12- 13/61, who probably needs
support and guidance in implementing the resettlement activities.
On site visit and meeting with the team of investigators from the NGO, it was found that they
understand their work and are eager to render the best service at their level. These local young
men (some are students) need proper guidance for the work. They conveyed that they are not
paid for the last three months. For carrying out the work, they have paid from their own
pocket, they do not have a camera for using at the site. Now it has become difficult for them
to continue the job properly. Hence, it is advised that the KPs of the NGO be deployed at
the site immediately so that work can be executed under their expert guidance.
Coordination meetings have also being organized (30th
April, 2014 and 20th
May2014) so
that all three partners work with the same understanding and are able to resolve issues
faced at site.
(ii) New Land Acquisition Act: Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 14 of 17
The new act has been enacted with the aim to ensure in consultation with the institutions of
local governance a humane, participative and informed process of land acquisition and help
make the affected persons become partners in development. Subsequently leading to an
enhancement of their social and economic status.
In the new act there has been a paradigm shift in the way the process of land acquisition and
the means of calculating the compensation amounts is to be addressed. A majority of the
people are not aware of the processes and methodologies required to be undertaken for
implementing the new act. There is a lack of understanding on the applicability of the new act
on the proposals that were initiated before December 31st 2013 under the old LA Act of 1894.
The Section 24 needs further clarification and hence it is advised that capacity building
on the process of the new Land acquisition Act should be undertaken at the earliest.
Also the estimates for compensation will have to be revised as per the provisions of the
new act which has come into being from 1st January 2014.
A meeting with the Deputy Secretary Assam Government, Mr Dilip Das, ACS was also
held on 21st May 2014 for seeking his help in expediting the land acquisition proposals
for Nalbari and Kamrup districts.
11.05 Claim Resolving
i. No claims have been raised as Land acquisition is ongoing. The final award list is yet to
be prepared. The survey for the NTH is underway and the report to be prepared is in
process.
ii. The compensation amount for land acquisition has been deposited to the concerned DC’s for both Nalbari and Barpeta Districts. The estimates of Kamrup disrtict is still being
finalized.
As per the RP, the estimated budget was Rs.37.24 crores for all LA and R&R activities
but the amount required for covering the land acquisition costs for just the two districts
of Nalbari and Barpeta is Rs. 15.06 crores. This amount is far more than what was
estimated in the RP. Moreover there will be an additional requirement as per the calculations
as per the New Land Acquisition Act i.e. The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
A total amount of Rs. 15.06 crores is required currently to cover the land acqusition costs for
the two districts of Nalbari and Barpeta.There is a shortfall of Rs. 4 crores (Rupees Four
crores) that will be required to cover the land acquisition costs of these two districts. The
compensation amount for land acquisition for Kamrup is still to be deposited as the
assessment for the district is not yet been finalized. An additional amount will also be
required to cover the R&R Assistance. This amount can be finalized once the survey of the
affected persons is complete. The final sum required can be ascertained once the
processes are complete.
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 15 of 17
Table: 6, District wise breakup of the compensation amount with dates
District Amount Date
Nalbari 6,91,02,909. 00 31/03/2014
Barpeta 4,14,75,638.00 31/03/2014
TOTAL 11,05,78,547.00
11.06 Resettlement Monitoring
The Project implementation will closely be monitored to provide the PIU with an effective
basis for assessing resettlement issues, if any. The extent of monitoring activities, including
their scope and productivity, will be commensurate with risks and impacts of the subprojects.
11.07 Monitoring will involve
(i) administrative monitoring to ensure timely implementation and problem solving; (ii)
socioeconomic monitoring during and after any resettlement impact utilizing baseline
information established through the socioeconomic survey of Displaced Persons (DPs)
undertaken during subproject preparation; and (iii) overall monitoring to asses Displaced
Persons (DPs) status. The EA is required to implement safeguard measures and relevant
safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports
on their implementation performance.
ADB will require the EA to:
Establish and maintain procedures to monitor the progress of implementation of safeguard
plans
Verify compliance with safeguard measures and their progress toward intended outcomes
Document and disclose monitoring results and identify necessary corrective and preventive
actions in the periodic monitoring reports
Follow up on these actions to ensure progress toward the desired outcomes
Retain qualified and experienced external expert to verify monitoring information for
projects with significant impacts and risks
Submit periodic monitoring reports on safeguard measures as agreed with ADB.
The PIU monitoring will include daily planning, implementation, feedback and troubleshooting,
maintenance of individual file for each AP, community relationships, dates for consultations,
number of appeals placed and progress reports. The PIU will provide monitoring report to
ADB on a Semi-Annual basis. Additionally, ADB will monitor projects on an ongoing
basis until a project completion report is issued.
12.0 COMPLIANCE TO NATIONAL LAWS AND POLICIES (POLICY AND LEGAL
FRAMEWORK):
12.01 The policy framework and entitlements for the program are based on following laws:
a) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013
b) The Land Acquisition Act, 1894 (amended in 1984)
c) The National Resettlement and Rehabilitation Policy (NRRP), 2007
d) The State Land Acquisition (LA) Act
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 16 of 17
e) The entitlement benefits as listed in the National R&R Policy, (Government of India) 2007
and the Assam State Roads Resettlement & Rehabilitation Policy, 2004.
f) Asian Development Bank’s (ADB) Safeguards Policy Statement (SPS, 2009).
13.0 COMPENSATION AND ASSISTANCE:
In accordance with the involuntary resettlement principles set forth above, the identified
affected persons will be entitled to a combination of compensation packages and resettlement
assistance depending on the of ownership rights on lost assets, and scope of the impacts
including socioeconomic vulnerability of the affected persons and measures to support
livelihood restoration if livelihood impacts are envisaged. The original amount as envisaged
in the RP for land acquisition and resettlement was 37.24 crores but will now have to be
revised.
14.0 ISSUES AND ACTION PLAN:
Alternative designing of Road alignment is in progress and the RP is being updated
accordingly. This process and its implementations are being attended by the Land Acquisition
and Resettlement Specialists of both the PWD and the CSC. Solutions are being arrived at
keeping in mind the technical feasibility as well as the need to minimize the resettlement
impact.
15.0 OTHER ISSUES THAT NEED TO BE ADDRESSED AT THE EARLIEST ARE AS
FOLLOWS:
a) The survey for the assessment of impact needs to be completed at the earliest for
ascertaining the final compensation amount.
b) Capacity of the NGO needs to be augmented by way of appointing additional staff as well
as mobilization of the named key professionals to help the ground staff perform their
activities effectively.
c) The documentation of site activities need to be done in a proper manner as advised. This
would include photographs of meetings as well as attendance sheets for all the consultation
meetings organized.
d) The land acquisition proposals need to be followed up to ensure that they do not lapse.
This is very important especially in the case of Nalbari and Kamrup districts.
e) Sensitisation trainings need to be organised on the requirements of the New Land
Acquisition Act: Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
16.0 Schedule for Completion of Land Acquisition, Resettlement and Rehabilitation
Activities:
Table: 7, Details of future activities.
Contract Reset.
Activity Note
Completion
date
AS-37C Land
Acquisition
1) Section 6(i) notification of both Kamrup & Nalbari District to
be completed by 30th
December, 2014
2) Final award/Section 9 notification to be completed for Barpeta
District by end of 2014-15
3) Capacity building sessions for stakeholders on new land
acquisition act, 2013 will be under taken at all the three
districts and the implementing NGO.
On
Going
SEMI ANNUAL REPORT
ON LAND ACQUISITION AND RESETTLEMENT
Page 17 of 17
Resettlement
Rehabilitation
activities
1) R&R survey for NTHs to be completed 30th
September 2014
by the NGO
2) Micro plan to be finalized by first week of October 201
3) ID cards to be distributed by 30th
October 201
Disbursement of assistance for NTHs by first week of
December 201
On
Going
17.0 CONCLUSION:
The report confirms that the Project under the Tranches will have adverse social impacts
associated with land acquisition and resettlement. It is expected that this project will benefit
the local residents and the users of the highway after the completion of the Project. Or
completion of the Project highway, it is expected to have a long term benefit to or both the
local resident and road users the local residents and road uses as well.
An
ne
xu
re II: La
nd
Acq
uisitio
n S
tatu
s
District
Total road length (KM)
Road Length handed
over to contractor
(KM)
No of LA cases
Pa
tta La
nd
Length of LA required
over existing road
(KM)
Go
vt lan
d
(Re
qu
ired
tran
sfer to
PW
D)
No of cases of 6 (I)
Declaration made
Average rate of land
per Bigha
LA Estimate Amount
(Rs in crores)
Amount already paid
(Rs in crore)
Balance to be paid (Rs
in crore)
Length of Road for RR
Required
Ready for handed over
Sta
tus o
f Aw
ard
List
Remarks
B- K- L
Hact.
Length
(KM)
B- K- L
Hact.
Length
(KM)
Submitted
Approved
Kamrup
(R)
7.12
0.00
5
100-02-09
13.46
7.12
7.12
19-04-08
2.66
Nil
5
3.60L
15.77
Nil
15.77
For Nalbari distprocess for 6 (I)
declaration is under process.
Declaration for case no.
2.5,9,10,12/2011 made.
Nalbari
23.67
16.170
12
99-00-5.5
13.25
8.26
5.247
66-03-02
8.89
Nil
5
0.79L
10.06
6.91
3.15
0.50
Barpeta
27.71
19.989
8
22-03-1.5
3.03
3.14
0.00
00-00-00
0.00
Nil
8
1.49L
5.19
4.15
1.04
1.959
1.362
4 (case no
3,7,8,14/
2012- 13)
1 (case no
3/ 2012-
13)
58.50
36.159
25
222-00-16
29.74
18.520
12.367
86-02-10
11.55
18
31.02
11.06
19.96
2.459
1.362
4
1
Da
ta a
s pe
r DP
R
45.60
0.17
Annexure- III: Attendance sheet of Training held on 23.02.2014
Annexure III: Attendance Sheet for the training held on 21.03.2014
Annexure III: Attendance Sheet for the training held on 21.03.2014
Annexure III: Attendance Sheet for the Training held on 27.05.2014
Annexure III: Attendance Sheet for the Training held on 27.05.2014
Annexure III: Attendance Sheet for training held on 27.05.2014
Annexure IV: Grievance Redressal Committee Notification
Annexure IV: Grievance Redressal Committee Notification
Annexure IV: Grievance Redressal Committee Notification
Annexure IV: Grievance Redressal Committee Notification
Annexure IV: Grievance Redressal Committee Notification
Annexure V: Land Valuation Committee Notification
Annexure V: Land Valuation Committee Notification