Bihar State Highways II Project - Additional Financing

Social Monitoring Report

This First External Social Monitoring Report has been submitted to ADB by Ramesh Swarankar for Bihar State Roads Development Corporation Limited and the Asian Development Bank and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB.

This external 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.

Project Number: 41629-013 / 44425-013 October 2018

IND: Bihar State Highways II Project Bihar State Highways II Project - Additional Financing

Submitted by

Ramesh Swarankar

1

Loans 2663 & 2894-IND: Bihar State Highways Project

External Social Monitoring Report

Prepared by

Ramesh Swarankar

Social Safeguards Specialist (External Monitor)

2

ABBREVIATIONS

ADB Asian Development Bank

AH Affected Household

BSHP Bihar State Highways Project

BSRDC Bihar State Road Development Corporation Limited

CAP Corrective Action Plan

CSC Construction Supervision Consultants

DDR Due Diligence Report

DP Displaced Person

EA Executing Agency

HH Household

IA Implementing Agency

INRM India Resident Mission

IPs Indigenous Peoples

IR Involuntary Resettlement

LARR Land Acquisition, Rehabilitation and Resettlement

PIU Project Implementation Unit

RoW Right of Way

RP Resettlement Plan

SH State Highways

SPS Safeguard Policy Statement

SSC Social Safeguards Consultant

SU Safeguard Unit

TA Technical Assistance

3

1. Introduction 8 1.1. Scope and Objectives of External Monitoring 10 1.1.1. Objectives 10

1.1.2. Scope of Works 10 1.1.3. Detailed Tasks and Expected Output 11 1.1.4. Approach and Methodology 11

2. Resettlement Principles of Project 13 2.1. Entitlement Matrix 13

2.2. Resettlement Impacts 20 2.3. Actual Impacts during Implementation 20

3. Institutional Arrangements for Resettlement Plan

Implementation 22

3.1. Staff of PIUs 23 3.2. NGO staff 23

3.3. Capacity Development 24 4. RP Implementation, Compensation and Assistance 25

4.1. Identification and Verification of Affected Households 25 4.2. Micro-plan Preparation 25

4.3. Identity Card Preparation and Distribution 25 4.4. Opening of Bank Account 28 4.5. Documents Requirements 28

5. Land Acquisition 29 5.1. Number of Structures Impacted 30

5.2. Status of Compensation of Structures 32 5.3. Assistance Amount Disbursement 36

5.4. Community Property Resources 37

5.5. Vocational Training Programs 39 6. Disclosure, Consultation and Grievance Redress 41

6.1. Disclosure and Distribution of Entitlement 41 6.2. Consultations held with DPs and other Stakeholders 41 6.3. Grievance Redressal Mechanism 42

6.4. HIV/AIDS Awareness 42 7. Monitoring and Reporting 45

7.1. Status of Corrective Action Plan 45

8. Conclusions and Recommendations 51 8.1. Additional Action Plan 51

Table of Contents

Content Page No.

Executive Summary 5

Annex 1. Checklist for Consultation/FGD with DPs on status of LARR activities 53 Annex 2. Details of Consultation held with Affected Households and Stakeholders 54

Annex 3. Disbursement of Assistance Amount to Titled and Non-titled HHs 59

Annex 4. Picture of Site Visits 63

4

List of Tables

Table

Page No.

Table 1.1. Details of BSHP Roads

8

Table 2.1. Entitlement Matrix

13 Table 2.2. ADB approved Resettlement Plans 20

Table 2.3. Actual Project Impacts 21 Table 3.1. Details of PIU Staff 23

Table 3.2. Staff of Implementing NGOs 24

Table 4.1. Status of Micro-Plan and Identity Cards 27 Table 5.1. Status of Land Acquisition 29

Table 5.2. Number of Structures’ Impacted 31 Table 5.3. Status of Compensation for Structures of NTH 33 Table 5.4. Status of Compensation Disbursed for Land Acquisition 35 Table 5.5. Status of CPR Structures 38

Table 5.6. Details of Vocational Training Programs 40

Table 6.1. Datils of RP Disclosure 41

Table 6.2. Grievance Redressal Mechanism 43

Table 6.3. Status of Pending Grievances 43

Table 6.4. Details of HIV/AIDS Program 44 Table 7.1. Monitoring and Reporting 45 Table 7.2. Corrective Action Plan 46

Table 8.1. Additional Action Plan 52

Map 1. Project Roads under BSHP II and AF

9

Chart 1. Institutional Arrangements, BSRDC 22

Box 1. Delay in Land Acquisition 30

Box 2. LA under Old Act 1894 and LARR, 2013 30

Box 3. Relocation sites for Physically Displaced Persons 32

Box 4. Rehabilitation of Non-Titled DPs 33

Box 5. Project Perception and Compensation Disbursement 36

Box 6. Requirement of Rituals for Relocating Deities 39

5

Executive Summary

E.1. Introduction

1.1. ADB funded Bihar State Highways Project-II (Loan 2663) and the Additional Financing

(Loan 2894) include works related to widening and strengthening of a total of 629.447 km of

state highways (SHs) identified under the Bihar State Highway Development Program. Total 9

SHs are passing through 13 districts across the State. 1.2. Currently, the external social monitoring (under the ADB TA -8569 REG) is being

undertaken with an objective of assessing the progress and performance of RPs, CAPs and

DDRs implementation and their documentation in line with ADB’s SPS, 2009. Accordingly, the

preliminary and first external social monitoring report is prepared, which covers the period from

beginning of LARR activities under BSHP to November 2016. E.2. Magnitude of Impacts

2.1. The impacts on the land and assets of affected households reported in the ADB approved

RPs was more than the actual impacts evidenced during the implementation. The RPs reported

a total of 2073 acre land acquisition requirements, while 1813.90 acre was the actual land

acquired for different SHs until November 2016. The remaining minor land acquisition was in

process in SHs 78,81, 87, 88, 90, and 91. Its quantum was not known due to efforts being made

by the EA to avoid some impacts and adjust alignments where possible. Similarly, 1834

structures and 13,165 structures of THs and NTHs affected as per RPs were more compared

to 297 and 3346 structures in the same order actually impacted. Further, a total of 19,737

affected HHs (13,165 TH and 6572 NTH) comprising of 1,30,228 DPs reported in the RPs were

more than double compared to actual 61,618 DPs (45,633 TH and 15,985 NTH) from 13,363

HHs (9983 TH and 3380 NTH) identified so far. The number of actually impacted 5431

vulnerable HHs (titled 3634 and non-titled 1797) during the implementation until November 2016

were double than the 2707 HHs reported in the RPs. Likewise, impacts were reduced to total

764 community property resources (CPRs) of different types during actual implementation. The

number of affected HHs and DPs will be updated once their identification and enumeration in

the remaining SHs such as in SH 81 and SH 87 are completed.

E.3. Implementation of LARR Activities

3.1. The implementation of LARR activities under the RPs requires several activities to be

performed by the EA/IAs. Such activities include conducting consultations with DPs and other

stakeholders, disclosure of entitlement matrix, dissemination of project information,

identification and verification of DPs, preparation of micro-plans (MPs), preparation and

distribution of identity cards (IDs), opening of Bank Accounts of DPs if needed, assist the EA/IAs

in compensation disbursement, coordinate with DPs, EA/IAs and officials of revenue and line

departments, organizing GRC meetings, data collection for monitoring and reporting, etc. At the

field level, along with the PIU officials, NGOs performed major role in carrying out the referred

activities required for RPs implementation. Their work progress during 2012-2014, though not

completed, was assessed to be satisfactory.

6

E.4. Land Acquisition 4.1. Out of total land 1813.90 acre; 1661.60 acre, 143.09 acre and 9.93 acre (in SH 91 only)

land parcels were to be acquired under the earlier LA Act of 1894, new LARR Act of 2013 and

Bihar State Perpetual Lease Policy, 2015 respectively. About 1129 acre (62 %) of total land was

acquired and full compensation paid to the affected titled land owners by November 2016. The

process of LA for remaining land of 692.12acre (38%) was ongoing and its completion was

expected by 31 March 2018. The BSRDC has taken the physical possession of acquired land

for the construction of SHs.

E.5. Impacts on Structures

5.1. Out of a total of 297 structures of titled households impacted, the compensation at the BSR

rate was paid for the 199 structures alongwith the compensation amount of land acquisition and

was pending for remaining 98 structures.

Total 2901 non-titled households were losing their 3346 structures under the project. A sum of

INR 484.99 lakh was disbursed to 2487 HHs and remaining INR 204.14 lakh was expected to

be disbursed to remaining 414 HHs by 30 June 2017.

E.6. Community Property Resources

6.1. Of 764 CPR structures impacted, the progress of construction of CPRs have been very

slow as evidenced by 4.45 percent new structures constructed by 30 November 2016. BSRDC

agreed to follow up with the contractors to complete the construction of maximum CPRs by 31

Dec 2017.

E.7. Disbursement of Assistance Amount

7.1. Based on the assessment of requirements for different types of assistance (livelihood,

shifting, transitional, training, special) to titled and non-titled DPs, BSRDC sanctioned a total of

INR 748.30 lakh for disbursing the assistance amount. Out of the sanctioned amount, a sum of

INR 583.10 lakh was paid to 9360 affected HHs and INR 209.48 lakh to be paid to remaining

3533 HHs. Based on the information available by November 2016, it was estimated that an

additional amount of INR 44.28 Lakh will be required to disburse the enhanced compensation

amount to the DPs as per the New Act, 2013. The EA will pursue with the State Government to

increase the sanctioned amount. Data about remaining (470) HHs could not be confirmed that

will be verified and incorporated during the upcoming visit to project sites (Refer Annex 3).

E.8. Institutional Arrangements

8.1. BSRDC, Govt. of Bihar is the executing agency that established one CPIU at the HQs Patna

and seven PIUs at the district level. BSRDC through PIUs that were assisted by NGOs and R&R

and Gender experts of CSCs have been involved in RPs implementation and monitoring. All the

seven PIUs headed by the DGM (Technical) designated as Resettlement Officer (RO) and

assisted by ARO and support staff were fully staffed. The NGOs, i.e. SPS discontinued working

since March 2014 due to extension of time (EOT) not given by BSRDC was one of the major

impediment in RPs implementation.

7

E.9. Monitoring and Reporting

9.1. The R&R and Gender Experts of CSCs have been submitting the semi-annual and annual

monitoring reports on the implementation of RPs to PIUs for verification and onward transmittal

to BSRDC and then to ADB. Information on the Gender Action Plan and monitoring report on

its implementation required for Additional Financing Loan was not submitted so far.

E.10. Issues and Action Plan

10.1. Non-availability of NGOs for all the SHs, un-updated land records with revenue

department, poor coordination at different levels, weak monitoring, slow progress in land

acquisition and disbursement of compensation and assistance, opposition of DPs for enhanced

compensation, change in affected land category from agriculture to residential/or commercial

for increased land value amount, inefficient grievances redressal mechanism, complaints and

court cases continue to remain the critical issues. In addition, recording and reporting of

consistent data and its management in all the SHs for an overall understanding and timely

monitoring on the safeguard progress and performance are other major challenges. The agreed

CAP and Additional Action Plan are developed to address the existing issues and concerns

(see Table 7.2 and Table 8.1 for details).

8

Bihar State Highways Project (BSHP)

Loan 2663-IND: BSHP-II & Loan 2894-IND: BSHP-II-Additional Financing (AF)

1. Introduction

ADB funded Bihar State Highways Project-II (Loan 2663) and the Additional Financing (Loan

2894) include works related to widening and strengthening of a total of 629.447 km of state

highways (SH) identified under the Bihar State Highway Development Program. Total 9 SHs

are passing through 13 districts across the state with a total ADB loan amount of USD 574.64

million. The Bihar State Road Development Corporation (BSRDC), Government of Bihar has

been implementing BSHP-II and AF to rehabilitate the deteriorated state roads and upgrade

some state roads to provide reliable road transport services and reduce poverty in the long

term. BSHP consists of 629.447 km roads distributed into 9 SHs of various districts as detailed

out in the Table 1 and also indicated in the Map-1.

Table 1.1 Details of BSHP Roads

Sl.

No. SH

No. Name of the Project Road Length

(in km) Districts Covered

1. 78 Bhita -Dhaniyabad, Chandi-Samera 94.200 Patna and Nalanda

2. 81 Sakkadi - Chandi - Sandesh - Sahar- 83.250 Rohtas and Bhojpur

3. 89 Siwan – Chhapiya – Hasanpura –

Rampur – Chandpur – Siswan 33.065 Siwan

4. 90 Mohammadpur - Rajapatti - Mashrakh -

Khaira – Chapra 64.711 Saran and Gopalganj

5. 91 Birpur - Balua - Jadia - Meergunj – Udakishanganj

101.700 Supaul and

Madhepura BSHP II AF

6. 83 Baghi-Barbigha 36.500 Nawada, Shekkpura

and

Nalanda 7. 86 Saraiya – Motipur 28.181 Muzaffarpur

8. 87 Runisaidpur- Bhiswa 67.486 Sitamarhi

9. 88 NH-103 Baruna Bridge-Rasiyari Road 120.354 Samastipur and

Darbhanga Total 629.447

9

Map 1. Project Roads under BSHP II and AF

10

1.1. Scope and Objectives of External Monitoring

Under the Bihar State Highway Development Program, the external monitoring assignment

covers the due diligence of social safeguards related to widening and strengthening of a total of

629.447 km of 9 SHs passing through 13 districts across the state. The key responsibility is to

analyse, assess and recommend the corrective measures for implementation of updated RPs

and LARR activities in accordance with the requirements of ADB’s Safeguards Policy

Statement, 2009 and applicable Indian laws. The objectives mainly include the (i) review and

verify the available data and documentations and identify the gaps; (ii) monitor on the process

of LARR as stipulated in the updated RPs and advise on implementation of action

plan/corrective action plan as required; and (iii) assess whether the living standards of DPs have

been restored and/or improved.

1.1.1. Objectives

Under the TA-8569 REG: Improving Safeguard Policy Applications in South Asia Developing

Member Countries (Social Safeguards Specialist) (Project Number 46282-001), ADB intends to

assess the progress and performance of resettlement plans (RPs) implementation ongoing

since 2012. Accordingly, the task was assigned to external social monitor with the following

objectives.

a) Support and build the capacity for implementation of RPs, land acquisition, rehabilitation

and resettlement (LARR) of the Executing and Implementing Agencies (EA/IA) of the

BSHP II;

b) Verify and provide advice for updating of nine Resettlement Plans for nine civil works

packages and the preparation of associated Due Diligence Report (DDR) chapters on

LARR activities already carried out, including Corrective Action Plans (CAP) as required;

c) Support the implementation of the RPs and CAPs according to their terms and in

accordance with the requirements of the ADB’s Safeguards Policy Statement, 2009 and

applicable Indian laws; and

d) Monitor the process of LARR implementation, prepare External Social Monitoring Reports,

propose further corrective actions as required and monitor and advise their

implementation.

1.1.2. Scope of works

a) Participate in an Inception Meeting with ADB and the EA at the India Resident Mission in

Delhi;

b) Review and verify the EA/IA's monitoring information and the progress of LARR as stipulated in the updated RPs, DDRs and CAPs;

c) Assess the effectiveness of the EA/IAs, Construction Supervision Consultants (CSCs) and supporting NGOs in updating the RPs and its implementation requirements, and advise the EA/IAs about required improvements;

d) Monitor and advise the EA/IAs on carrying out full and meaningful consultation on the updated RPs, DDRs and CAPs;

e) Assess whether the objectives of the updated RPs, particularly the restoration and

11

enhancement of living standards of titled and non-titled displaced persons (DPs) have been achieved;

f) Assess whether all compensation and mitigation measures for all the vulnerable and non-

vulnerable titled and non-titled DPs have been implemented in accordance with the requirements of the updated RPs;

g) Review the project's potential impacts on Indigenous Peoples groups and assess whether adequate mitigation measures in accordance with the updated RPs have been provided;

h) Advise the EA/IAs on any social safeguards compliance issues and design corrective actions in cooperation with the EA/IAs and consultation with the affected persons;

i) For each field input hold kick-off and wrap-up meetings with the EA to communicate and

discuss findings and conclusions in detail, seeking a common understanding of the causes

of compliance gaps, if any, and about the resulting required corrective actions;

j) Monitor and assess the implementation of all agreed corrective actions;

k) Carry out a capacity building events for the EA/IAs staff on social safeguards during each field input;

l) Prepare semi-annual External Social Monitoring Reports, with CAPs as necessary, and submit these to the EA/IAs as well as ADB.

1.1.3. Detailed Tasks and Expected Output

a) Monitor the process of LAR implementation by the IAs according to agreed and already established monitoring indicators. Improve the established monitoring indicators if deemed necessary;

b) Carry out verification of internal monitoring information on LARR by the IA through review of documents and field based due diligence with DPs and other relevant stakeholders;

c) Document the implementation of compensation, relocation and livelihood restoration; measures stipulated in the updated RPs and DDRs and assess whether these have been carried out in full;

d) Assess the effectiveness of consultation, participation and grievance redress by reviewing the relevant documentation and consulting the key stakeholders;

e) Prepare detailed corrective action plans to remedy any non-compliance with the updated RPs and DDRs and monitor their implementation; and

f) Undertake site visits and prepare external social monitoring reports

1.1.4. Approach and Methodology

Considering the above objectives and tasks, the approach and methodology followed during

the study are mentioned below.

a) Review of available documents and validation of data;

b) Assessment of RPs implementation status, identification of issues, gaps and reasons thereof;

c) Site visits and meetings/consultations with EA/IAs, CSCs, DPs, NGOs and other stakeholders;

d) Additional agreed action plan/corrective action plan; and e) Advise EA/IAs for implementation of RPs/additional action plan/CAP and comply with

ADB’s SPS, 2009 and applicable national and state laws.

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External social monitor is assigned the responsibility to assess the status of LARR. The monitor

will continue to support and build the capacity of the EA/IAs, review of the documents, verify the

data, provide advice for the implementation of updated RPs, DDRs, CAPs and Additional Action

Plan in accordance with the ADB SPS, 2009 and applicable Indian and State laws.

The qualitative research techniques were adopted for the collection/verification of data randomly

from the field. The checklist (Annex 1) was used for conducting consultations and focus group

discussion with the available DPs on-site, besides holding unstructured interviews with them

and other stakeholders.

The inception meeting was held on 11 November 2016 at INRM, New Delhi. Various issues

related to the safeguards/LARR related planning, implementation and monitoring persisting in

the BSHP II were raised at length to address them. Of the total three field visits proposed, the

first project field visit for 12 days was carried out during 5-16 December 2016 and another 8

days1

were utilized reviewing the available documents, validation of data and preparation of

monitoring report. The documents, reviewed and verified to the extent possible, include the RPs,

internal monitoring reports, profile of DPs, vulnerability status, project impacts and loss incurred,

micro-plan, identity cards, compensation and assistance amount cheque distribution records,

documentations related to process and procedure followed, monitoring and reporting, etc.

The external monitor completed first field based due diligence with DPs, EA/IAs, Consultants,

Implementing NGOs, Contractors and other stakeholders in December 2016 and the remaining

field and documentation works are proposed to be undertaken in June-July 2017 and Dec 2017.

The work plan will be carried out in close coordination with the Safeguard Unit (SU) and Project

Officer, INRM.

1 Factually collection and compilation of data have taken above three weeks . It was due to verification and updation of huge

data that remained inconsistent and scattered at different sources. It caused delay in submission of First monitoring report.

13

2. Resettlement Principles of Project The ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard

requirements for environment, involuntary resettlement and indigenous people. The objectives

of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever

possible; to minimize involuntary resettlement by exploring project and design alternatives; to

enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-

project levels; and to improve the standards of living of the displaced poor and other vulnerable

groups.

2.1. Entitlement Matrix

Compensation for the lost assets to all displaced persons will be paid on the basis of

replacement cost. Resettlement assistance for lost income and livelihoods will be provided to

both title holders and non-title holders. Special resettlement and rehabilitation measures will be

made available to the “Vulnerable Group” comprises of DPs living below poverty line (BPL), SC,

ST, women headed households, the elderly and the disabled. An Entitlement Matrix (Table 2.1)

has been formulated, which recognizes and lists various types of losses resulting out of the

project and specific compensation and resettlement packages.

Table 2.1. Entitlement Matrix

S.

N. Type of Loss Unit of

Entitlement Entitlement Details

Loss of Land 1 Loss of

Agricultural

land

a) Titleholder

b) DPs with

customary

land right

a) Compensation

at replacement

cost

b) Special

provision for

vulnerable group

a) Cash compensation at

replacement cost as

determined according to

BLARRP-2007 or

replacement of land if

available.

b) If the residual plot(s) is (are) not viable, i.e., the DP

becomes a marginal farmer2,

any of the following three

options are to be given to the

DP, subject to his

acceptance:

The DP remains on the plot,

and the compensation and

assistance paid to the tune

of required amount of land to

be acquired.

Compensation and

assistance are to be

provided for the entire plot

including residual part, if the

owner of such land wishes

that his residual plot should

also be acquired by the EA,

2 Marginal farmers are those who own less land than the district minimum land holding.

14

the EA will acquire the

residual plot and pay the

compensation for it.

If DP is from vulnerable

group, compensation for the

entire land by means of land

for land will be provided if DP

wishes so, provided that land

of equal productive value is

available.

c) All fees, stamp duties,

taxes and other charges, as

applicable under the relevant

laws, incurred in the

relocation and rehabilitation

process, are to be borne by

the EA.

2 Loss of

homestead

/commercial

land

a) Titleholder

b) DPs with

customary

land rights

a) Compensation

at replacement

cost


replacement cost as

determined according to

BLARRP-2007 or

replacement of land if

available.

b) All fees, stamp duties,

taxes and other charges, as

applicable under the relevant

laws, incurred in the

relocation and rehabilitation

process, are to be borne by

the EA.

Loss of structure (residential/commercial/other)

3 Loss of

residential /

commercial

structures

a) Titleholder

b) DPs having

structure with

customary

land right

a) Compensation

at replacement

cost

b) Shifting

assistance

a) Compensation of

structure will be paid at the

replacement cost to be

calculated as per latest

prevailing basic schedules of

rates (BSR) without

depreciation.

b) Shifting assistance of Rs.

10000/3

c) Right to salvage material

from demolished structure

and frontage etc.

d) Rental assistance as per

the prevalent rate in the form

of grant to cover maximum

three month rentals.

3 As required by NPRR 2007.

15

4 Loss of rental

accommodation Tenants a) Rental

Assistance b) Compensation

at replacement

cost

c) Shifting

assistance

a) Rental assistance for both

residential & commercial

tenants as per the prevalent

rate in the form of grant to

cover maximum three month

rentals.

b) Additional structures

erected by tenants will also

be compensated and

deducted from owner’s

compensation amount.

c) Shifting assistance based

on type of house and

household assets.

d) Any advance deposited by

the tenants will be refunded

from owners total

compensation package to

the tenant on submission of

documentary evidences.

e) Right to salvage material


and frontage etc. erected by

tenants.

Loss of Structure By Non-Titled Holder

5 Loss of

structure

(immovable

assets

constructed by

squatters4

and encroachers)

Squatters

having

structure

a) No

compensation for

land

b) Compensation

for structures.

c) Shifting Assistance

Squatters will be notified and

given one month time to

remove their assets.

b) Compensation for loss of

structure at replacement

cost.

c) Shifting assistance of Rs.

10000/5

d) Right to salvage material

from the demolished

structure.

Encroachers6

having

structure

a) No

compensation for

land

b) Compensation

for structures to

only vulnerable

household

a) Encroachers will be

notified and given one month

time to remove their assets

and harvest their crops.

b) Compensation for

structures at replacement

cost to the vulnerable

households only.

c) Right to salvage materials

from the demolished

structure.

4 Landless person

5 As required by NRRP 2007.

6 Legitimate land holder but encroaching his movable or immovable assets on Government land

16

Loss of trees and crops

6 Loss of Trees a) Land

holders

b) Share-

croppers

c) Lease

holders

Compensation at

Market value to

be computed

with assistance

of horticulture

department

a) Advance notice to DPs to

harvest fruits and remove

trees

b) For fruit bearing trees

compensation at average

fruit production

for next 15 years to be

computed at current market

value

c) For timber trees

compensation at market

cost based on kind of

trees 7 Loss of Crops a) Land

holders

b) Share-

croppers

c) Lease

holders

Compensation at

Market value to

be computed

with assistance

of agriculture

department

a) Advance notice to DPs to

harvest crops

b) In case of standing crops,

cash compensation at

current market cost to be

calculated of mature crops

based on average

production.

Loss of market place structure by titled holder and non-titled holder

8 Impact on

market place/

area on a

minimum of 25

shops/

businesses

Titleholder7

(Owner)

losing

commercial

enterprise in

the market

area

Relocation

Assistance a) Affected enterprises will

be provided with the

following options:

Self managed reconstruction

of shops by the shop

operators with all benefits as

per the entitlement matrix; or

b) Project assisted relocation

option will be provided to

those whose commercial

structure can no longer be

used as a commercial

enterprise as a result of the

Project impact. The

allotment of the shops in the

market complex will be

based on the ownership

status of those affected.

7 In case of affected Title owners who have been carrying out business for 10 or more years – the affected title owners will be allotted a shop

in the market in lieu of compensation. No additional compensation will be paid to them. However, they will be entitled to transitional assistance and shifting assistance as applicable and provided for in the Entitlement Matrix.

17


10000/8



at no cost.

Non-

titleholder9

(tenants,

leaseholders

or squatters)

losing

commercial

enterprise in

the market

area

Relocation

Assistance a) Affected enterprises will

be provided with the

following options: Self

managed reconstruction of

shops by the shop operators

with all benefits as per the

entitlement matrix; or

b) Project assisted

relocation option will be

provided to those whose

commercial structure can no

longer be used as a

commercial enterprise as a

result of the Project impact.

The allotment of the shops

in the market complex will

be based on the ownership

status of those affected.


10000/10



at no cost.

Loss of Livelihood

Loss of primary

source of

income

Titleholders

losing income

through

business

Rehabilitation

Assistance a) Title holders losing their

business establishment due

to displacement will be

provided with a lump sum

transitional allowance of Rs.

900011

Titleholders

losing income

through

agriculture

Rehabilitation

Assistance a) Training Assistance will

be provided for income

generating vocational

training and skill upgrading

8 As required by NPRR 2007.

9 In case of affected non-title owners, tenants and leaseholders, squatters and vulnerable encroachers, who have

been carrying out business for 10 or more years, will be re-established by creation of market place. The

constructed shops in this market will be provided on rent to them. For first 3 months, no rent will be charged from

these DPs. However, after three months these DPs need to pay to the authority the agreed rent by demand

draft monthly and if he/she wishes to own the same can pay the total amount in agreed installments. The DPs

opting for this option will not be paid cash compensation for their structure loss. 10

As required by NPRR 2007. 11

This rate has been fixed based on the estimates of average income for a period of three months.

options as per DPs choice at

the rate of Rs. 4000 per

affected household to those

households losing their

primary source of income.

b) Employment opportunity

for DPs in the road

construction work, if

available and if so desired by

them.

Non-

titleholders

namely

squatters and

vulnerable

encroachers

losing primary

source of

income

Rehabilitation

Assistance a) Training would be

provided for upgrading of

skills @ Rs. 4000/ - per

family to the DPs.


for DPs in the road



them, or

c) National/State level job

card under National Rural

Employment Guarantee

Program.

Wage earning

employees

indirectly

affected due

to

displacement

of commercial

structure

Rehabilitation

Assistance a) This is valid for persons

indirectly affected due to the

employer having being

displaced, on case-by-case,

based on local wage rates

for three months.


for DPs in the road



them, or

c) National/State level job



Program.

Agricultural

laborer/share-

cropper

Rehabilitation

Assistance a) Assistance is to be paid as

per the prevailing local wage

rates for 200 days.


for DPs in the road

construction work,

18

if available and if so desired

by them, Or

d) National/State level job



Program.

Licensed

mobile

vendors and

kiosk

operators

Rehabilitation

Assistance a) Mobile venders are not

eligible for compensation or

assistance.

b) Those mobile vendors in

possession of a permit from

local authorities to operate in

the affected area will be

treated as kiosks operators.

c) Kiosk operators and

vendors licensed to operate

from affected locations will

be entitled to a one time

lump sum assistance of Rs.

4000/-

Loss of Community Infrastructure/Common Property Resources

10 Loss of

Common

Property

Resources

Community Reconstruction/

Cash

Compensation at

replacement cost


replacement cost or

reconstruction of the

community structure in

consultation with the

affected community.

Additional Support to Vulnerable Group

11 Additional

Assistance to

vulnerable

groups

Vulnerable

households

including BPL,

SC, ST, WHH,

disabled and

elderly

Special

Assistance a) One time lump sum

assistance of Rs. 10000/ to

vulnerable households.

(This will be paid above and

over the other assistance(s)

as per this framework).

Other Unanticipated Impacts

12 Temporary

impact during

construction

like disruption

of normal

traffic, damage

to adjacent

parcel of land /

assets due to

Community /

Individual Compensation a) The contractor shall bear

the cost of any impact on

structure or land due to

movement of machinery

during construction or

establishment of

construction plant

19

20

movement of

heavy

machinery and

plant site

b) All temporary use of lands

outside proposed RoW to be

through written approval of

the landowner and

contractor.

c) Location of Construction

camps by contractors in

consultation with RCD.

13 Unforeseen

impacts if any Any unanticipated impacts due to the project will be documented

and mitigated based on the spirit of the principle agreed upon in

this framework

2.2. Resettlement Impacts

ADB approved total 9 Resettlement Plans (RPs), comprising of 1 RP for each SH during 2010-

2011. The impact on a total of about 2073 acres of land of 13,165 titled land owners and their

2536 structures were envisaged. In addition, impacts on 1834 structures of 6572 non-title

households were envisaged. Thus, total of 19,737 households (13,165 title holders and 6,572

non-title holders) comprising 1,30,228 persons were estimated to be affected. It includes 2707

households belonging to vulnerable categories. Details of impacts reported in ADB approved

RPs are provided in Table 2.2.

Table 2.2. ADB approved Resettlement Plans

S.No SH Private

Land of

TH

(Acre)

Structu

re

of TH

(No.)

Structur

e

of NTH

(No.)

Affected

Titled

HH (No.)

Affected

Non-

Titled

HH (No.)

No. of

DPs

(TH &

NTH)

Vulnera

ble

HH

1. SH-78 1353.22 288 70 5790 70 56212 70 2. SH-81 269.60 NA 672 1391 858 13147 513 3. SH-89 26.00 22 14 245 195 2073 53 4. SH-90 145.23 733 192 733 3035 21549 505 5. SH-91 42.74 15 432 1280 1728 3008 160

BSHP II- AF 6. SH-83 4.05 219 347 219 398 4457 196 7. SH-86 21.73 120 5 463 5 3707 44 8. SH-87 26.00 22 14 245 195 2073 53 9. SH-88 184.68 1117 88 2799 88 24002 1107

Total 2073.25 2536 1834 13165 6572 130228 2707

2.3. Actual Impacts during Implementation

The impacts on the affected households reported in the approved RPs was more than the actual

impacts evidenced during the implementation. The actual impacts on the HHs and DPs were

reduced significantly. The RPs reported a total of 2073 acre land acquisition (LA) requirements,

while 1813.87 acre was the actual land acquired for different SHs until November 2016. The

remaining minor land acquisition was in process and its quantum was not known due to

avoidance and minor adjustment of alignment to be finalized. The LA was reported to be

pending in some SHs (78, 81, 87, 88, 90, 91) and LA was not involved in SH 89. Similarly, 1834

structures and 13,165 structures of THs and NTHs respectively affected as per RPs were more

21

compared to 297 and 3346 structures in the same order actually impacted. Further, a total of

19,737 affected HHs (13,165 TH and 6572 NTH) comprising of 1,30,228 DPs reported in the

RPs were more than double compared to actual 61,618 DPs (45,633 TH and 15,937 NTH) from

13,362 HHs (9983 TH and 3371 NTH). The number of 5431 vulnerable affected HHs (titled 3634

and non-titled 1797) identified during the implementation until November 2016 were double than

the 2707 HHs reported in the RPs. Likewise, impacts were reduced to total 764 community

property resources (CPRs) of different types during actual implementation. It is inferred that the

impacts reported in the approved RPs was more than the actual impacts on land, structures,

CPRs and number of HHs and DPs verified during the implementation. The number of affected

HHs and DPs will be updated once their identification and enumeration in the remaining SHs

such as in SH 81 and SH 87 are completed. Details are provided at Table 2.3.

Table 2.3. Actual Project Impacts

SH.

no. District Land

Acquisit

ion

(acre)

Structures

Impacted

(no.)

TH (no.) NTH (No.)

TH NTH HH DP Vulnera

ble HH DP Vulnera

ble

78 Patna &

Nalanda

1293.28 60 174 5499 19208 1563 174 696 131

81 Rohtas &

Bhojpur

146.93 0* 678 70 420 18 678 2156** 182

89 Siwan NA NA 41 NA NA NA 40 246 32

90 Saran &

Gopalganj 74.18 153 120 1343 8070 792 146 876 103

91 Supaul &

Madhepaura 42.74 15 432 320 1280 43 432 1728 123

83 Nawada &

Shekhpura

2.16 3 253 117 475 45 253 1518 134

86 Muzaffarpur 16.51 6 158 623 3738 175 158 948 65

87 Sitamari 82.58 0 319 1588 9528 801 319 1914 187

88 Samastipur &

Dharbhanga

155.49 60 1171 423 2914 197 1171 5855 840

Total 1 813.87 297 3 3346 9983 45633 3 3634 3371 1 15937 1797

* The data reported reveals only the impact on land and no impact on structures and hence zero was

mentioned. However, the identification and enumeration of DPs were ongoing and the data will be updated

in due course.

** EA reported a total of 2156 DPs of NTH category that will be further verified.

22

3. Institutional Arrangement for Resettlement Plan Implementation

Bihar State Road Development Corporation (BSRDC), Govt. of Bihar is the executing agency of

the Project. The BSRDC established one Central Project Implementation Unit (CPIU) at the HQs

Patna and seven Project Implementation Units (PIUs), including one PIU for SH 86 & SH 87 and

another PIU for SH 89 & 90 at the sub-project level. Each PIU headed by the Deputy General

Manager (DGM) was assisted by the Manager (technical), who were designated as Resettlement

Officer (RO) and Assistant Resettlement Officer (ARO) respectively. In addition, one Office

Executive and Account Executive were deployed at each PIU level. The DGM at BSRDC HQs is

overall incharge and has been coordinating with the PIUs, Govt/Revenue Deptt, ADB and other

stakeholders. It was noted that the BSRDC through PIUs that were assisted by NGOs have been

involved in RPs implementation and monitoring. The institutional arrangement is shown in Chart

1. In addition, BSRDC hired the services of R&R/Social Development experts including Gender

experts (for AF) of Construction Supervision Consultants (CSCs) to provide technical inputs and

monitor the progress of RPs implementation. The CSCs were visiting the sites intermittently to

facilitate supervision and monitoring process in coordination with PIUs and implementing NGOs

and were submitting the monitoring reports. The Intercontinental Consultants and Technocrats

Private Limited (ICT) and Egis International based in Delhi are the CSCs.

Chart 1. Institutional Arrangements, BSRDC

BSRDC (Govt.

of Bihar)

DGM, CPIU at Patna is

overall Incharge of LA&RR

DGM (PIU) at 7 locations designated as

Resettlement Officer

Technical Manager (ARO)

Construction Supervision Consultants

NGOs

Displaced Persons

23

3.1. Staff of PIUs

As mentioned above, all the seven PIUs headed by the DGM (Technical) designated as

Resettlement Officer (RO) were fully staffed. Each PIU had one Assistant Resettlement Officer

(ARO), except the PIU in SH78 that had two AROs. One retired revenue official for SH 91 and

another official for SH 89 and SH 90 were engaged to assist land acquisition process. All the

PIUs had adequate number of contractual support staff working as office executive and account

executive barring SH-88. BSRDC agreed to fill-up one post of account executive for SH-88 on

contract basis and also deploy the retired revenue officials (Ameen) in SHs where required by

31 May 2017. Details are provided in Table 3.1.

SH District

Table 3.1. Details of PIU staff

PIU Staff Posted (No.) write vacant as applicable

DGM

(Tech)RO

Manager

(Tech) ARO

Office

Executive

Account

Executive

Ameen

(Revenue

Official)

78 Patna & 1 2 1 1 0

Nalanda

81 Rohtas & 1 1 1 1 0

Bhojpur

89 Siwan 1 1 2 1 0

90 Saran &

Gopalganj

Supaul &

91 Madhepura 1 1 2 1 1

83 Nawada & 1 1 2 1 0

Shekhapura

86 Muzaffarpur 1 1 3 1 0

87 Sitamari

88 Samastipur& 1 1 2 0 0

Darbhaga

Total 7 8 13 6 2

3.2. NGO Staff

BSRDC following the state government procedure appointed 4 NGOs for a period of 36 months

to assist implementation of RPs under the Project. They were engaged mostly during 2012. Each

NGO had staff of 7 personnel including Team Leader, R&R Expert, Social Development Expert,

Land Acquisition Expert, Field Coordinator, Computer Operator, and part time Ameen (revenue

official) where required. The staff of NGOs reported to have actively assisted the PIUs in RPs

implementation. The NGOs, namely SPS and Sugam International have discontinued working

from March 2014. It was noted that the NGOs were not given extension of time (EOT) that was

required to complete the implementation of LA, resettlement and rehabilitation activities. BSRDC

24

S.No. Name of NGO SH works

assigned

Date of

mobilization

Staff members

deployed

1 CRADLE, Ranchi SH-89 16.07.2012 7




5 Study Point Samity, Lucknow SH-81 6.05.2011 7

6 Study Point Samity, Lucknow SH-91 16.06.2011 7

7 CMSR, Hyderabad SH-88 3.02.2012 7

8 SUGAM International,

Lucknow

SH-78

10.03.2010

7

9 SUGAM International,

Lucknow

SH-83

10.01.2012

6

62

agreed to issue the EOT for the NGOs by 31 April 2017. Details of NGOs are indicated at Table

3.2.

Table 3.2. Staff of Implementing NGOs

Total

3.3. Capacity Development ADB staff during the review missions have been imparting training on ADB’s safeguard policy,

social and environmental safeguard requirements, resettlement planning, implementation and

monitoring. The staff of the EA/PIUs, NGOs and CSCs have attended such training programs held

at BSRDC, Patna. In addition, the experts of CSCs have organized training activities on land

acquisition and resettlement and rehabilitation. These were focused on hand-holding and field

exposure to the NGOs staff and the AROs at PIU level for RPs implementation.

In addition, NGO staff have undergone classroom learning on the resettlement activities like

identification and verification of DPs, conducting consultations and arranging meetings with DPs

in field, project information dissemination, RP/EM disclosure, explaining documents requirement

to DPs, and undertaking other tasks in the field as required. The training sessions were imparted

by the experts of NGOs and other resource persons on land acquisition, R&R, income restoration

and livelihood, social development, gender, HIV/AIDS and other related subjects. Information

available reveals that total nine and five resource persons from SPS and CRADLE imparted

training to 14 and 11 staff during April-May 2011 and August 2011- August 2012 respectively.

25

4. RP Implementation, Compensation and Assistance

The implementation of RPs require several activities to be performed by the EA/IAs. Such

activities include conducting consultations with DPs and other stakeholders, disclosure of

entitlement matrix, dissemination of project information, identification and verification of DPs,

preparation of micro-plans (MPs), preparation and distribution of identity cards (IDs), opening of

Bank Accounts of DPs if needed, assist the EA/IAs in compensation disbursement, coordinate

with DPs, EA/IAs and officials of revenue and line departments, organizing GRC meetings, data

collection for monitoring and reporting, updation of RPs as required, etc. At the field level, along

with the PIU officials, NGOs performed major role in carrying out the referred activities required

for RPs implementation. Their work progress during 2012-2014, though not completed, was

assessed to be satisfactory. The delays in land acquisition, disbursement of compensation and

assistance amount and procedural lapses such as non-updated RPs pending so far have been

observed.

4.1. Identification and Verification of Affected Households

NGOs appointed for RPs implementation have carried out the identification and verification of

affected households (HHs) under the project. They were completing these tasks for non-titled and

titled HHs, excluding the villages where LA process was either not started or was in the initial

stage. Accordingly, NGOs prepared and updated the list of HHs and was ongoing in some SHs.

As referred earlier, the number of HHs listed was much less when compared with the ADB

approved RPs. It could be due to the excess impacts and more HHs initially reported in the

absence of final design, etc. BSRDC was reminded to update the RPs on priority and agreed to

submit 4 updated RPs for 4 SHs (83, 86, 90 & 91) by 30 June 2017 and remaining 4 updated RPs

for SHs (78,81,87,88) by 31 December 2017.

4.2. Micro Plan Preparation

Based on the updated list and joint verification of affected HHs by the PIU/ NGO and the revenue

department official (in case of land losers only), the micro-plan was prepared for each title and

non-title household under the project. The preparation of micro-plans for the titled households

was initiated by the concerned NGO after their identification and publication of names under land

acquisition notification by the concerned District Collector. The micro-plans were further verified

by the concerned ARO at PIU level. Such verified micro-plans by the PIUs were submitted for

final approval to the BSRDC HQs. The approved micro-plan was mandatory for the disbursement

of compensation and assistance amount to the titled and non-titled households. Micro-plan

consists of detailed information like, name and address of entitled person, type and magnitude of

impacts, value/ rate considered for calculation of compensation amount of land and structure,

type of assistance (shifting, transitional, training, special to vulnerable groups, etc) as per the

entitlement matrix. The status of micro-plan is given at Table 4.1.

4.3. Identity Card Preparation and Distribution

The Identity card (ID) card for each titled and non-titled affected HH was prepared by the

concerned NGO after the finalization of micro-plan by the BSRDC, HQs. ID cards contained

detailed information about the affected HH, entitlement for compensation and assistance, total

amount payable in two instalments to NTHs, etc. Such approved ID cards signed by the RO, PIU

and NGO representative were distributed to the concerned HHs and its copy was kept in the PIU

office for records.

Table 4.1 on the status of ID card (alongwith micro-plan) reveal that the micro plans for a total of

10,203 HHs, including 6882 THs and 3321 NTHs, were prepared that have been approved by the

BSRDC. The remaining micro plan for 3160 were to be prepared. In SH 81, micro-plans were

prepared for 678 NTHs and ID card were prepared and distributed to 568 NTHs and remaining

110 were pending. In SH 88, the number of micro-plans required for THs could not be known

without the land acquisition notification in Darbhanga district. It was also not known in SH 81 and

SH 87.

Upon approval of micro-plans, the ID cards for 6882 titled HHs and 3292 non-titled HHs were

prepared. The ID cards were distributed to 5724 TH and 3055 NTH HHs and such cards were

pending for distribution to 996 TH and 237 NTH HHs. In SH 83 and SH 91, ID cards of 39 non-

titled HHs could not be prepared as they were missing and non-traceable for last almost one year.

BSRDC agreed to distribute these ID cards and prepare and distribute ID cards for remaining

NTH by 31 May 2017. BSRDC also agreed to prepare the micro-plans and distribute ID cards to

titled HHs after the land acquisition notification that was expedited.

26

Table 4.1. Status of Micro-Plan and Identity Cards

S District Total No. of Micro plan and ID cards by 30 November 2016

H micro- plan requireme

Micro-plan requirements

for TH & NTH

Micro-plan prepared

Balance Micro- plans

ID Cards Requireme nt

ID Cards prepared

ID Cards distributed

Balance ID cards

nt TH NTH TH NTH TH NTH TH NTH TH NTH TH NTH TH NTH

78 Patna & 5662 5488 174 5488 174 0 0 5488 174 5488 174 5230 145 258 29

Nalanda

81 Rohtas & 678 TBD 678 TBD 678 0 678 TBD 678 0 568 0 568 0 110

Bhojpur

89 Siwan 48 0 48 0 48 0 0 0 40 0 40 0 40 0 8*

90 Saran & 663 543 120 543 120 0 0 543 113 543 113 419 113 124 0

Gopalganj

91 Supaul & 752 320 432 320 432 0 0 320 403 162 403 0 401 158 2

Madhepura

83 Nawada & 370 117 253 117 253 0 0 117 253 46 253 46 243 71 10

Shekhapura

86 Muzaffarpu 183 29 154 29 154 0 0 29 154 29 154 29 154 0 0

r

87 Sitamari 306 0 306 0 306 0 0 0 306 0 306 0 306 TBD 0

88 Samastipur 1594 423** 1171 423 1171 TBD 0 423 1171 TBD 1171 0 1085 423 86

& Darbhaga

Total 10203*** 6882 3321 6882 3321 TBD 678 6882 3292 6230 3182 5724 3055 996 237

TBD- To be determined

* Not affected due to change of Alignment **Applicable for Samastipur district only

*** Remaining 3160 micro plans were to be prepared and approved

28

4.4. Opening of Bank Account

The accounts of entitled head of affected HHs in the nationalized Bank was required for

depositing the cheque of compensation and assistance amount. Such cheques were handed

over publicly to the entitled displaced persons (titled and non-titled) under the project. NGOs

assisted HHs in opening the Bank accounts and also verified the existing accounts required

for the transactions. 4.5. Documents Requirements

As many as 13 documents of affected HH; namely the land registry, revenue receipt,

genealogy (Vanshawali), Last payment certificate (LPC), No objection certificate (NOC),

Affidavit, PAN card, Voter card, Aadhar card, Bank account, Photo, etc. were mandatory.

These documents were required to be submitted in District Collector’s office prior to the

disbursement of compensation amount for land acquisition to the entitled DPs. The submission

of all the documents was a cumbersome process and took lot of time as a significant number

of land owners did not possess such documents. NGOs have facilitated the task of preparing

documentation, yet the process was ongoing and not completed for several DPs. It was one

of the reasons for the delay in disbursement of compensation amount to titled HHs.

29

5. Land Acquisition Based on the available Monitoring Reports of Consultants and data from all PIUs, Nov

2016, it is inferred that out of total land 1813.90 acre; 1661.60 acre, 143.09 acre and 9.93 acre

(in SH 91 only) land parcels were to be acquired under the earlier LA Act of 1894, new LARR

Act of 2013 and Bihar State Perpetual Lease Policy 2015 respectively as indicated in Table 5.1.

About 1129 acre (62 %) of total land was acquired and full compensation paid to the affected

titled land owners by November 2016. The process of LA for remaining land of 692.12 acre

(38%) was ongoing for completion at an early date. The BSRDC has taken the physical

possession of acquired land for the construction of SHs. Maximum LA 462.46 acre, 92.92 acre,

64. 28 acre and 42.51 acre were pending in SH 78, SH 81, SH 88 and SH 90 respectively. About

20 acre and 9.93 acre were pending in SH 87 and SH 91 respectively. LA was almost completed

in SH 83 and SH 86 and LA was not involved in SH 89. BSRDC reported to have taken the land

acquisition on priority and was expecting completion of maximum LA by 31 March 2018.

Table 5.1. Status of Land Acquisition

SH No.

District

Total private land under acquisition of TH (acre)

Under LA Act of 1894 (acre) BSHP-II

Under LARR Act, 2013 (acre)

Physical Possession taken & Full Compensation paid (In Lakhs)

Balance LA (acre)

78 Patna & Nalanda

1293.29 1201.08 92.91 830.83 462.46

81 Rohtas& Bhojpur

146.93 146.93 0 54.01 92.92

89 Siwan NA NA NA NA NA

90 Saran & Gopalganj

74.18 63.3 10.89 31.67 42.51

91 Supaul & Madhepura

42.75 30.74 2.08 30.32 9.93

BSHP II AF

83 Nawada & Shekhapura

2.17 2.17 0 2.17 0

86 Muzaffarpur 16.51 16.51 0 16.51 0

87 Sitamari 82.58 82.58 0 62.56 20.02

88 Samastipur & Darbhaga

155.49 118.29 37.21 91.21 64.28

Total 1813.9 1661.60 143.09 1129.28 692.12

Source: Monitoring Reports of Consultants and data of 9 PIUs, Nov 2016

30

Box1. Delay in Land Acquisition

Sakkardi Bypass. Under SH 81, the displaced persons, though not opposing

the project, have been demanding compensation at a higher rate. The affected

land registered as agricultural land in the government revenue records is

perceived to be residential or commercial land by the DPs due to change in land

usage. Accordingly, compensation amount was expected to be calculated.

The land records remaining un-updated for several decades, joint ownership of

land, share cropping, dispute in the land ownership, out-migration of locals for

employment, consent required from all the owners, cumbersome revenue

process followed as 13 documents to be submitted in District Collector office

prior to receiving compensation amount, etc are the reasons for delay and slow

land acquisition and disbursement of compensation amount to DPs in SH 81

and other project roads. In the situation of dispute and resentment by the DPs

in SH 81, compensation amount for some DPs of Sakkadi bypass is deposited

by the DLAO with the LARR authority at Patna.

Box 2. LA under old Act 1894 and LARR, 2013

In SH 78, the land was acquired under the old Act as well as the new Act from

the owner of Kanchanpur village. Land acquisition (LA) from 40 owners was

completed and 80 percent compensation amount was disbursed to them in 2012

and remaining 20% was yet to be disbursed. The notification under section 19 of

the new Act was issued for the LA from 36 owners on 8 August 2016 and the

process was ongoing. The owners of impacted land were familiar about receiving

the more compensation amount (upto 4 times of registered value) under the new

Act. While the land losers under the New Act felt better about the more

compensation amount and those parted land under the old Act within the same

village, including those individuals losing under both Acts, were dissatisfied and

repenting for the land lose and less compensation amount received earlier.

5.1. Number of Structures Impacted

Table 5.2. indicates about the status of structures impacted under the project, which were of

different types (permanent, semi-permanent, temporary) and used for commercial, residential,

both and other purposes. Out of a total of 297 structures of titled households impacted, the

compensation at the BSR rate was paid for the 199 structures alongwith the compensation

amount of land acquisition and was pending for remaining 98 structures. The status of

impacted structures and compensation disbursement could not be known for SH 81 and SH

87 where micro-plans have not been prepared until November 2016.

31

No structure was impacted in SH 89 where LA was not required. In case of non-titled

households, out of 3346 structures, compensation was paid for 2810 structures and was

pending for 507 structures. BSRDC was expediting the payment for pending structures that are

expected to be disbursed to titled DPs by 31 March 2018. In case of SH 90, the compensation

could not be disbursed to the owners of 18 structures due to non-submittal of required

documents and impacts on 7 structures of non-titled HHs was avoided. Likewise, the impacts

on 13 structures of non-title HHs were avoided in SH 87. In SH 91, for non-titled HHs, total 432

micro-plans were prepared. Of them, impacts on 10 structures were avoided and the HHs of

remaining 19 structures could not be traced despite several attempts in last one year.

Table 5.2. Number of Structures Impacted

SH District TH NTH Balanc e

NTH

structures

Total No. of Balance Total No. of avoided Struct Structures Structures Structures and ures Compensa Impacted Compensated missing Impact ted ed

78 Patna & 60

Nalanda

81 Rohtas & 0

Bhojpur

BSHP-II

40

0

20 174 145 29 0

0 678 568 110 0

89 Siwan LA not required

41 40 1 0


153 135 18 120 113 7 25 (including non submittal of documents for 18 structures)

91 Supaul & 15

Madhepura

15

BSHP II AF

0 432 401 2 29 (19 owners

of structures

missing)

83 Nawada & 3 3

Shekhapura

86 Muzaffarpur 6 6

0 253 243

0 158 154

10 17

4 0

87 Sitamari No. of structures TBD due to

micro-plan under progress 319 306 13 13

88 Samastipur& Darbhaga

60 0 60 1171 840 331 0

Total 297 199 98 3346 2810 507 84

32

Box 3. Relocation Sites for Physically Displaced Persons

In SH 78, 60 meter land was acquired considering the need for four lane road in future.

Under the present road work of 2 lane 13 non-title households (NTH) were affected at one

of the location known as Ajawa village. These households (HHs) from schedule caste (SC),

the landless labors, engaged in rearing of cattle owned by others fall into vulnerable group.

About 15 decimal (127.93 sq.m of each HH) land used for residential structure and common

vacant land as cattle shed of these 13 HHs will be impacted in the project road. There was

no infrastructure and civic amenities available in the vicinity to these HHs, even the nearest

primary school was at a distance of 1.5 km. They will be physically displaced and will be

relocated at the project roadside in a government land of about 26 decimal (2 decimal each

family) at a distance of about 250 meter from their existing structures. The land allotted was

more than the land loss and the land will be filled at road level. The allotment of land

proposed in the name of women will make these families as legal owners of land. The land

to be allotted will be more, 26 decimal against the 15 decimal owned, and easy movement

due to project road will provide access to market and employment outside, hospital and

other basic services. These HHs were satisfied with the new location where relocation has

to be initiated at the earliest.

In SH 78, another 8 non-title families were displaced and relocated at a nearby location

(Mauza Mustafapur village). These landless families earning livelihood as labour work were

living in the newly constructed houses. They were facing difficulties due to improper access

to the houses constructed on the bund of a pond at a higher level, insanitation and water

pond outside the residential structures was a source of mosquito breeding causing

diseases. There was no common place for the community and recreation to children.

BSRDC agreed to coordinate with the line departments to resolve their problems on priority

basis.

5.2. Status of compensation of Structures

While the compensation amount of structures and trees were paid alongwith the

compensation of land acquisition to titled HHs by the concerned District Collector, the status

of compensation of structures to non-titled HHs is indicated in Table 5.3.

Information available infers that a total 2901 non-titled households unevenly distributed into

nine SHs were losing their structures under the project. Such data on remaining 445 NTH

will be verified during upcoming project site visit. The impacted structures located within the

ROW were used for residential, commercial and both purposes by the encroachers and

squatters. These were permanent, semi-permanent and temporary types. Based on the

valuation of impacted structures, a total of INR 689.13 lakh was sanctioned by the EA for the

disbursement to non-titled HHs. A sum of INR 484.99 lakh was disbursed to 2487 HHs and

remaining INR 204.14 lakh was not disbursed to 414 HHs until November 2016. It does not

include 29 HHs of SH 91 who were either non-traceable or impacts on their structures were

avoided. BSRDC agreed to disburse compensation of structures to remaining non-titled HHs

by 30 June 2017.

33

5.4. Status of Land Acquisition and Compensation

Table 5.3. Status of Compensation for Structures of NTHs

SH District Total HH

Total Amount

sanctioned (INR in

Lakh)

As of 30 November 2016

Paid Pending

HH (No.) Amount

(INR in Lakh)

HH

(No.) Amount

(INR in Lakh)

BSHP II

78 Patna & Nalanda

174 111.48 145 90.16 29 21.32

81 Rohtas & Bhojpur

678 293 568 152 110 141

89 Siwan 41 8.25 40 7.46 1 0.79


120 21.96 113 19.15 7 2.81


403 44 401 35.77 2 8.23

BSHP - II AF


168 33.35 165 32.71 3 0.64

86 Muzaffarpur 158 15.02 154 14.2 4 0.82

87 Sitamari 319 31.99 306 31.29 13 0.7

88 Samastipur& Darbhaga

840 130.08 595 102.25 245 27.83

Total 2901 689.13 2487 484.99 414 204.14

Box 4. Rehabilitation of Non-Titled DPs

Sandesh Market: Under SH 81, about 75-80 commercial structures, mostly temporary

type, will be dismantled due to widening of project road as there is no space to shift

backward both sides. The operators of these structures, mostly kiosks types have

been earning their income through small scale activities like tea making, small

eateries, sale of eggs, meat, bangles, cycle repair, electricity accessories, mobile

phone repair, xerox machine, etc. along the road since 1986. An overwhelming

majority of DPs belonging to the vulnerable groups will be displaced and will lose their

livelihood. They may come back after the road civil works and occupy the widened

road side and the encroachment will surface again or local administration may not

allow such encroachment. As a good practice, it is suggested for BSRDC to coordinate

with the district administration and local Panchayat/Municipal body as applicable for

providing alternative land/ location and rehabilitate them to avoid impoverishment risks

in post-project stage. Although the DPs in question opted for self relocation and cash

compensation at the time of census survey that is reported in the ADB approved

Resettlement plan.

Household is the unit considered for conducting the survey. While the term Raiyat referring to the

entitled person was taken into account for disbursing compensation by the District land acquisition

officer(DLAO). It seems to be the reason of data inconsistency (between Table 2.3 and Table

5.4). It will however be verified during the upcoming project site visit. However, the available data

from DLAO analysed in Table 5.4 shows that a total of 16,910 titled HHs were affected due to

1813.90 acre land acquisition under the project. As of November 2016, 11,051 heads of affected

households having land titles and entitlements were paid compensation amount of INR 60,426

lakhs against the cost of land and structures. They have submitted all the documents to District

Collector's office required for the purpose. Remaining 5859 HHs were to be disbursed INR 10,951

lakhs upon completion of the LA process. In addition, the compensation amount will have to be

disbursed to the titled HHs where LA was in the initial stage in some SHs such as SH 81 and SH

87. Based on the actual value of impacts on the land and structures as assessed in accordance

with LA Act, 1894 and reported in the micro-plan, the budget for compensation amount was

sanctioned by the State.

The amount sanctioned following the criteria of earlier LA Act of 1894 became insufficient as the

compensation amount calculated and paid upto four times under the new LARR Act, 2013 to the

HHs in some SHs. Therefore, the Bihar State has to provide additional funds to compensate

remaining HHs immediately. BSRDC expected to complete the disbursement of LA compensation

to remaining title HHs by 31 March 2018.

34

Table 5.4. Status of Compensation Disbursed for Land Acquisition

SH District Total LA (acres)

Total Affected Households

(HH)

Total Amount Sanctioned (INR

in lakh)

As of 30 Nov 2016

Paid Balance

HH( No.) Amount (INR in Lakh)

HH (No.) Amount (INR in Lakh)

BSHP II

78 Patna & Nalanda 1293.29 8330 40193 6928 40880 1402 687

81 Rohtas& Bhojpur 146.93 2156 3600 700 1596 1456 2004

89 Siwan NA NA NA NA NA NA NA


74.18 1531 4625 662 1809 869 2816


42.75 320 2765 280 1987 40 778

BSHP-IIAF


2.17 117 313.4 98 276 19 38

86 Muzaffarpur 16.51 623 2255 395 1950 228 305

87 Sitamari 82.58 1588 4712 467 2572 1121 2140

88 Samastipur & Darbhanga

155.49 2245 11533 1521 9356 724 2183

Total 1813.9 16910 69996.4 11051 60426 5859 10951

35

36

Box 5. Project Perception and Compensation Disbursement

The PWD in SH 90 owns 14-16 meter land and total about 14 meter private land was

acquired for the RoW. Available DPs during the consultation perceived benefits and

responded positively. The project road will provide easy access to market, hospital, school

and connectivity outside. While the process of land acquisition (LA) under the RFCTLARR,

2013 was ongoing, the private land continued to remain in use for the agricultural activities.

The civil works in the PWD owned land was observed to be ongoing in different stages. At

Mohammadpur village (chainage 0), one DP was disbursed compensation for the land and

structure impacted in July 2016. Other DPs from the chainage 19+200 and nearby

reported that they have not received compensation and the civil works was in progress.

The PIU and NGO personnel present replied that the compensation was not paid due to

dispute in land ownership, objection raised by other joint owners and required documents,

including PAN card and photo were not submitted and the road works was confined to the

PWD land only so far. They were also informed that the consent from 5 land owners of

chainage 0 was received recently and they will be compensated soon. Tax deducted at

source (TDS) was deducted from the compensation amount of residential and commercial

land and was not deducted from the compensation amount of agricultural land. The PIUs

assisting DPs in preparing required documents and conducting consultations for resolving

or minimizing disputes which were due to misunderstanding among the joint owners of

land.

In SH 89, the DP of a residential structure was satisfied as the compensation amount

received in two instalments (INR 40,000 each) against dismantling the frontage was used

in repair and renovation of old house structure.

It is inferred that DPs were not fully aware about the submission of proper documentation

required prior to receiving the compensation amount. It was observed that the agricultural

land under acquisition was allowed to be cultivated by the farmers and the civil works was

confined to the available RoW only. However, the compensation amount would have been

disbursed prior to the commencement of civil works. Further, the TDS on compensation

amount is exempted that is the responsibility of the EA as per LA Act, 2013 and the

provisions of entitlement matrix.

5.3. Assistance Amount Disbursement

In accordance with ADB approved entitlement matrix of resettlement plans, five types of

assistance amount were reported to be paid to eligible titled and non-titled affected

households/DPs. These include (i) shifting assistance due to loss of commercial and

residential structures at the rate of INR 10,000 for each permanent structure and INR 4000 for

kiosks or temporary structures; (ii) transitional assistance at the rate of INR 9000 to each titled

household; (iii) training assistance at the rate of INR 4000 per trainee; (iv) special assistance

amount INR 10000 to each vulnerable family; and (v) livelihood/transitional assistance amount

of INR 9000 to each household. The transitional assistance to titled and livelihood assistance

to titled as well as non-titled affected HHs were paid, who had business loss of 10 % or more

due to project activities. The non-vulnerable HHs having less than 10 % loss of their income

were not given livelihood assistance.

Details given at Annex 3 indicates that by 30 November 2016 the transitional assistance was paid to entitled

37

affected HHs in SH 78 and SH 83; livelihood assistance was given in SH 81 and SH 91; and both types of

assistance was paid in SH 90 only. The livelihood assistance paid was @ INR 9000 per household in SH 90.

However, the livelihood assistance for the entitled households was sanctioned @INR 10,000 per household in

SH 81 and SH 91. It will however be confirmed in upcoming field visit. In SH 83, 71 non vulnerable encroachers

having less than 10% of loss of their structures/income were not given any assistance. Available data reveals

that a total of 12894 affected HHs, belonging to titled and non-titled categories, had entitlement for different

types of assistance amount under the project. Based on the number of entitled HHs and assistance amount

due to them, BSRDC sanctioned a total of INR 748.30 lakh for disbursing the assistance amount. Out of the

sanctioned amount, a sum of INR 583.10 lakh was paid to 9360 affected HHs and INR 209.48 lakh to be paid to

remaining 3533 HHs. Data about remaining (470) HHs could not be confirmed that will be verified and

incorporated during the upcoming visit to project sites. A maximum amount of INR 104.14 lakh was to be

disbursed to 1528 HHs in SH 78. It is followed by 30.52 lakh to 415 HHs in SH 91, 27.14 lakh to 359 HHs in

SH 81, and 23.64 lakh to 970 HHs in SH 88. BSRDC agreed to disburse the remaining assistance amount to

entitled HHs by 31 March 2018.

5.4. Community Property Resources The impacts on many CPRs were avoided during the implementation that were verified and finalized by

NGOs/PIUs. The CPRs included hand pump, wells, religious structures, common platforms, etc.

Table 5.5 shows that out of a total of 764 CPR structures impacted, only 22 old structures were demolished and

34 new structures were constructed until November 2016. 73 structures requiring minor renovation works

were functional and community usage were restored as required. As many as 742 old structures to be

demolished, 730 structures to be constructed and 745 structures require to be made functional. The need for

relocation of deities alongwith the performance of rituals in the new structures was emphasized by the

communities. In addition, out of 774 hand pumps impacted, 740 hand pumps were to be replaced and made

functional for drinking water. The progress of construction of CPRs have been very slow as evidenced by 4.45

percent new structures constructed by November 2016. BSRDC agreed to follow up with the contractors to

complete the construction of maximum CPRs by 31 Dec 2017.

Table 5.5 Status of CPR Structures

SH District

Total

CPR

struct

ures

impa

cted

Progress on CPRs Balance

New Structu

res

Constr

ucted

Old stru

cur

es

de

mo

lish

ed

Usage restor

ed in

new

structu

res

New structures

to be

construc

ted

Old structur

es to be

demolis hed

Usage to

be

restore

Hand pump

Impac

ted

Bal

anc

e

Han

dpu

mp

BSHP-II

78 Patna and

Nalanda 33 12 6 12 21 27 21 0 0

81 Rohtas and

Bhojpur 348 0 0 0 348 348

34

8 305 305

89 Siwan 25 9 9 25 16 16 25 24 18

90 Saran and

Gopalganj 33 3 3 3 30 30 30 54 54

91 Supaul and

Madhepura 49 0 0 0 49 49 49 27 27

mailto:@INR

38

BSHP-II AF

83

Nawada &

Shekhapur

a

6 4 4 4 2 2 2 24 6

87 Muzaffarp

ur 29 6 0 29 23 29 29 76 66

88 Sitamari 35 0 0 0 35 35 35 108 108

89

Samastipur

and

Darbhanga

206 0 0 0 206 206 20

6 156 156

764 34 22 74 730 742 74

5 774 740

Box 6. Requirement of Rituals for Relocating Deities

CPRs, particularly the structures were constructed against the temples to be demolished

for widening the project road by the Contractors. Such structures were constructed

backward in the private lands that were given voluntarily by the owners for religious

cause. At some locations, new structures were constructed and existing structures of

temples were not demolished and the budget for performing ritual to shift the deities/gods

in the new structures were not provided. BSRDC informed that for demolishing old

structures of temples and shifting of deities/gods will be done in consultation with the

local communities and budget will be provided for performing rituals.

5.5. Vocational Training Programs

The vocational training program was aimed at imparting or enhancing the skill of DPs to initiate

or add to the existing income generating activity. It is one of the rehabilitation measures to

ensure the livelihood of households on sustainability basis. The entitlement matrix has the

provision of vocational training to title as well as non-titled DPs fulfilling the criteria of loss 10%

or more under the project. NGOs alongwith the PIU staff coordinated and organized the

training programs in different trades as identified in consultations with the DPs.

The training schedule was prepared considering the availability and convenience of trainees.

The trainers as needed for different vocations were engaged for 3 days and 5 days training

programs as required. Efforts were reported to have been made to provide loan and other

facilities from Bank and credit societies and converge development and employment

generating schemes such as MNREGA to benefit the DPs. The specific data on these activities

could not be ascertained. DPs, who attended the training program were given training toolkit

containing a bag, booklet related to training, writing pad, pen, etc. Trainees arriving to the

training venue in the morning and returning home in the evening were given the transport

facility and the meals (breakfast and lunch) during the program. The certificates were

distributed to those who successfully completed the training program.

Data available on the status of the vocational training program are presented in Table 5.6. It

reveals that a total of 97 training programs for 3 days and 5 days, including 85 training

programs in SH 78 alone were conducted during 2014-2015. Such programs varied from 1-4

times only in other SHs and no training was imparted to entitled DPs in SH 81 and SH 91 so

far. A total of 6696 DPs (titled and non-titled) were reported to have entitlement for the training

by November 2016. Of them, 5128 DPs including 2277 DPs from general and 2851 DPs from

vulnerable categories participated in the training programs. The training to 1568 DPs

continued to remain pending. BSRDC expected to impart training to the maximum remaining

DPs by December 2017. A sum of INR 4000 per person was made available to incur the cost

of a training program. The data available for SH-78 only indicates that the expenditure incurred

on training was INR 32.40 lakh.

39

Table 5.6. Details of Vocational Training Programs

SH District Total

Training Programs

DPs having entitlement

for training

No. of Training Program conducted during 2014-2015

No. of DPs participated No. of Type of

Vocation/Trade Duration of

Training

event (days)

Remainin

g DPs

General Vulnerable

BSHP –II 78 Patna & Nalanda 85 5499 2148 2550 801 Making of

Agarbati,Candle

Making,Indigo Biue

5 Days

81 Rohtas& Bhojpur 0 146 0 0 146 0 0 89 Siwan 1 23 8 15 0 Making of

Agarbati,Candle

making, Indigo Blue

Food Processing,

Agarbati,Candle

making, Indigo Blue

3 Days

90 Saran &

Gopalganj 3 61 20 41 0 3 Days

91 Supaul &

Madhepura 0

259 0 0 259 0

BSHP II AF 83 Nawada &

Shekhapura 1 39 0 39 0 Making of Candle,

Perfume, Agarbatti 5 Days

86 Muzaffarpur 4 245 66 54 125 Food Processing,

Agarbati, Candle,

Indigo Blue making

3 Days

87 Sitamari 1 77 33 42 2 Food Processing,

Agarbati,Candle, Indigo

Blue making

3 Days

88 Samastipur &

Darbhaga 2 347 2 110 235 Candle, Agarbatti, Mix

Pickle, Paper Envelope

making

3 Days

Total 97 6696 2277 2851 1568

40

41

6. Disclosure, Consultation and Grievance Redress 6.1. Disclosure and Distribution of Entitlement Matrix

PIUs reported to have executed the disclosure requirements, particularly the Entitlement Matrix

(EM) of ADB approved RPs in all the SHs. EM was translated in vernacular language and

distributed to DPs in field at different locations by the concerned NGO. It enabled DPs and other

stakeholders to understand the entitlement provisions of compensation and assistance for

different categories of impacts. The translated EMs were mainly distributed in 2011 and 2012 in

all the SHs, except SH 78 where it was distributed in 2013 and 2014 as indicated in the Table

6.1. The distribution of summarized RP in vernacular language, including the EM, instead of EM

alone, was identified as a gap in the RPs implementation.

Table 6.1. Details of RP Disclosure

S. No. SH No. Disclosure date

1 SH-81 15-05-2011

2 SH-90 19-09-2011

3 SH-91 27-05-2011

4 SH-89 25-08-2012

5 SH-78 August 2013 and July 2014

6 SH-87 March 2012

7 SH-88 25-02-2012

8 SH-86 March 2012

9 SH-83 05-03-2012

6.2. Consultations held with DPs and other Stakeholders

PIUs and/or NGOs held several formal and informal meetings with DPs since the initiation of

land acquisition and resettlement planning process. The project information was

disseminated, DPs and other stakeholders were explained about the project roads and

awareness about its positive and negative impacts was created among them. The land

acquisition, entitlements for different type of impacts, compensation and assistance details

were shared. Information about the grievance redressal mechanism was disseminated among

the DPs, who can approach for resolving grievances and disputes amicably without incurring

any expenditure. The views and suggestions of DPs and other stakeholders were solicited

and incorporated during project cycle as feasible. Besides DPs, NGOs consulted the formal

and informal community leaders, District Land Acquisition Officer (DLAO), Circle Officer (CO)

and other stakeholders for seeking their support in RPs implementation. Such consultations

were held regularly until NGOs continued working till March 2014 and some of them

discontinued completely due to extension of time not given to them.

42

The information available in the monitoring reports reveal that a total of 616 DPs and local

community persons participated in the 30 consultations held at different locations (villages) in

SH81, SH90, SH 91 and SH 89 during January-August 2014. The number of participants at

each location varied from 12-20, except a maximum number of 76, 61 and 50 participants at

Chhatapur (SH 91), Jalpura and Baruhi villages (SH 81) respectively. In SH 83, total 16 DPs

participated in the consultations held at two villages in July 2016.In SH 78, total 66 DPs from

08 different villages participated in the consultations held during January-June 2015. The

monitoring reports for SH 86, SH 87 (Jan-June 2016) and SH-88 (Jan-June 2015) mentioned

to have conducted consultations and focus group discussions with DPs. It was noted that the

NGOs have conducted consultations adequately with the DPs and other stakeholders on

various R&R aspects in the field. Details of the consultations given at Annex 2.

6.3. Grievance Redressal Mechanism The grievance redressal committee (GRC) was established at the district level. The project

road were passing through 13 districts where GRCs were formed during 2011-2013, except

for Nawada district in 2014. Each GRC headed by the District Magistrate (DM)/Assistant

District Magistrate comprised of members like Deputy General Manager (Technical)

designated as Resettlement Officer, PIU, Circle Officer, Representatives from Public, Revenue

department, DPs including woman, SC/ST and NGO. The GRC meetings (2-3 times) were

held at Patna, Nalanda, Gopalganj, Nawada and Sitamadi districts and no such meetings was

held in remaining 8 districts.

Usually the DPs/aggrieved persons communicated the complaints verbally to the PIU/NGO

personnel in the field. They reported to have resolved the maximum complaints at their level.

However, written complaints from SH 78, SH 83 and SH 86 were received. The major

complaints were related to enhanced compensation of the affected land at the commercial and

residential land value, convert the government land as private land used for decades without

the land title, change in alignment to avoid impacts, physical displacement of NTH (in SH 78),

commercial displacement of NTH (at Sandesh market in SH 81), dispute on ownership of RoW

land in SH 88, legal heir disputes, site camp of contractor (SH 86) burnt by the Maoist in Jan

2015, etc. It was noted that 21 cases, mainly for higher compensation, were filed in High Court

by the DPs from SH 78.

The delay in land acquisition and disbursement of compensation and assistance; non-

availability of all documents for the submission in District Collector’s office; non-availability of

implementing NGOs; weak coordination among different agencies; pending decisions about

the bypass in SH-89, ROB in SH 83; finalization of alignment for some stretches in SH 88,

delayed LA under Perpetual Lease Policy 2015 in SH 87 are other critical issues identified.

The GRC meetings were not held in several districts and persisting complaints of DPs

necessitate the grievance redressal mechanism to be functional and efficient. However,

information available about the grievance redressal mechanism/number of meetings held and

the status of grievances are indicated in Table 6.2 and Table 6.3 respectively.

43

Table 6.2. Grievance Redressal Mechanism

S.No. District Date of GRC formation No. of GRC

Meeting held

1 Patna 26 June 2011 2

2 Nalanda 21 May 2011 3

3 Bhojpur 24 October 2011 None

4 Rohtas 30 July 2012 None

5 Siwan 07 May 2013 None

6 Gopalganj 16 April 2012 2

7 Chhapra 27 July 2012 None

8 Madhepura 2013 None

9 Saupal 2013 None

10 Sekhpura To be ascertained None

11 Nawada 29 January 2014 1

12 Muzzafarpur 27 April 2012 None

13 Sitamadi 19 May 2012 3

Table 6.3. Status of Grievances

Particulars Grievances

Received

Resolved Pending

SH 78 15 15 0

SH 81 1 0 1

SH 89 0 0 0

SH 90 0 0 0

SH 91 0 0 0

SH 83 1 1 0

SH 86 0 0 0

SH 87 11 11 0

SH 88 15 15 0

44

6.4. HIV/AIDS Awareness

The highways and roads facilitate an easy access and mobility of people, including the high

risk groups. It has exposed and may cause the risk of HIV/AIDS transmission without its

awareness and prevention measures. In the project roads, implementing NGOs in

association with the staff of PIUs and Contractors have conducted HIV/AIDS awareness

generation and prevention campaign among the labour and staff working in the project and

the surrounding community at different locations. Such programs were mainly conducted

with the help of medical and paramedical staff of Bihar State AIDS Control Society(BSACS).

The counselling/ advisory on HIV/AIDS, availability and distribution of condoms, voluntary

confidential counselling for testing (VCCT) and STI treatment were undertaken for workers

and village adults. NGOs also had personal contacts, and group discussions at hot spots

like highway hotels, truck parking places and contacted truck drivers, helpers, assistants,

local community people for generating awareness through display of banners and posters

against HIV/AIDS.

Total 346 resource persons from BSACS, PIU, CSCs and NGOs conducted 149 HIV/AIDS

awareness programs using the posters and banners during 2013-2015. As many as 3372

workers engaged in 9 SHs participated. In addition, 4343 persons from local communities

attended such programs. Besides HIV/AIDS awareness campaign, medical doctor and

technician have carried out confidential medical test of workers. The resource persons have

also covered the human trafficking, gender sensitization and road safety aspects during the

campaign. The details are given in Table 6.4.

Table 6.4. Details of HIV/AIDS Program

SH District T otal HIV/AIDS Awareness programs organized

No. of HIV/AIDS program conducted

No. of Workers Participated

No. of Local N persons from R village P participated

o. of esource ersons

BSHP -II 78 Patna & Nalanda 15 300 250 30

81 Rohtas & Bhojpur

7 140 110 14

89 Siwan 8 260 205 16


12 480 400 30

91 Supaul &

Madhepura 58 240 1757 120

BSHP II AF 83 Nawada &

Shekhapura 6 170 120 16

86 Muzaffarpur 15 600 450 40 87 Sitamari 10 500 418 30

88 Samastipur & Darbhanga

18 682 633 50

Total 149 3372 4343 346

45

7. Monitoring and Reporting

PIUs alongwith the experts of CSCs monitored the implementation of RPs. Each PIU held

review meetings with the implementing NGO staff, until their presence in March 2014, every

month or when required. The BSRDC/CPIU at Patna held review meetings with the PIUs,

implementing NGOs and CSC experts periodically to monitor the progress of land

acquisition, R&R and related activities. The CPIU/PIUs coordinated with the revenue

department/district collector for LARR. NGOs provided data to prepare the monitoring

reports on monthly basis. The experts of CSCs verified and compiled data and prepared

reports that were submitted to concerned PIUs. PIUs further verified and submitted these

reports to BSRDC for submission to ADB on bi-annual and annual basis. Such reports from

CSCs were available for 2015 and 2016. NGOs not on board discontinued reporting as their

services were not extended after initial 36 months.

The monitoring reports, however, require improvements in timely updation of data, reporting

the gaps clearly and advising PIUs and CPIU for corrective action plan and expeditious

implementation of RPs. There was no adequate reporting accessible on gender action plan

(GAP) required for 4 SHs under Additional Financing. BSRDC ensured close monitoring and

timely reporting, including GAP. It has also agreed to improve coordination among CSC

experts and with PIUs and CPIU for an overall understanding of RPs implementation in the

project in line with ADB SPS and applicable national and state laws. Monitoring and

reporting process followed is given at Table 7.1.

Table 7.1. Monitoring and Reporting

S.No. Type of Report Responsibility

1 Monthly NGO/PIU

2 Quarterly NGO/CSC/PIU

3 Semi- annually NGO/CSC/PIU

4 Annually NGO/CSC/PIU

7.1. Status of Corrective Action Plan (CAP)

The agreed CAP with the ADB review mission conducted during 4-8 May 2016 that was

reported in the aide memoire is given at Table 7.2.

Table 7.2. Corrective Action Plan

S.No

.

Action

Agencies

Responsible

Completion

Date

Status as on 31 August 2015 Status as on 30

Nov 2016

Social Safeguards

1. Appoint full-time Safeguards Officer at

DGM level at BSRDC BSRDC June 2015 Sh. Ramesh Kumar Singh,DGM

(Tech.) has been deputed as full

time Safeguard Officer looking after

Environment, Forest, R&R and

DPR.He has been entrusted with

the duty of safeguard matter

throughout the project life cycle

including project preparation(DPR)

to implementation stage.

Mr. Ashutosh

Kumar Singh has

been entrusted

with the social

safeguards

responsibility

since 1 July 2016

in place of Mr.

Ramesh Kumar

Singh.

2. Appoint full-time Assistant Resettlement

Officers at each PIU BSRDC June 2015 Present arrangement has been

reviewed and considered to be

adequate.

AROs with PIUs

are in place. They

need assistance

of NGOs to

expedite the

implementation of

RPs in the field.

3. Engage a resettlement expert and an

environmental expert for SH78 under an

independent consulting contract

BSRDC, CSC June 2015 Commencement of fresh contractor

has taken place in SH-78. After

mobilization of contractor services

of expert shall be procured as per

the need.

BSRDC through

Construction

Supervision

Consultant (Egis)

appointed a

Resettlement

Expert since

March 2016.

46

4. Provide time extension and additional

budget to NGOs for seven lapsed

contracts

BSRDC,

NGOs

June 2015

Time extension has been given for

lapsed Contracts and Additional

Financial claim for extended period

is being entertained as submitted

by NGOs. This does not require

additional budget because there is

already adequate provision in the

administration approval.

BSRDC

committed to

extend time for

NGOs effective

from 30 April

2017.

5. Update RPs for all 9 project roads BSRDC,

CSCs, NGOs August

2015 Under process. NGOs have been

instructed to procure data for

updation of RPs. Compilation of

updation of RP shall be done by

CSC after submission of data by

NGOs.

BSRDC agreed to

submit four RPs

for SH 86, SH 83

and SH 90, SH

91 by 30 June

2017 and submit

remaining four

RPs (for SH 81,

SH 88, SH 87and

SH 78) by 31 Dec

2017. The draft RP

for SH 89 was

submitted in March

2017.

6. Fully reflect requirements of India’s new

land acquisition legislation in updated

RPs

BSRDC, CSC A

and NGOs ugust 2015 Shall be taken care in the updated

RP The RFCTLARR,

2013 is followed

as applicable

7. Provide updated impact figures to ADB BSRDC,

CSCs, NGOs July 2015 Shall be provided when data

becomes available from NGOs. The updated data

on impacts

available so far

are indicated in

the first

monitoring report.

47

8. Resolve issue of compensation of non-

vulnerable encroachers according to SPS

2009 requirements during subsequent

missions

ADB, BSRDC September

2015 The matter shall be put up before

Govt. for consideration after

discussion with next ADB mission.

This matter was

not put up to state

government and

was pending so

far.

9. Prepare micro plans for titled affected

households as soon as Section 6 of LAA

1894 and LARR 2013 has been notified

BSRDC,

CSCs, NGOs Immediately

and

continuous

Being prepared. Micro plans were

being prepared

where the

notification u/s 19

of new Act was

issued by the

appropriate

government.

10. Ensure regular meetings of Grievance

Redress Committees (GRCs) with

participation of women representatives

District

Collector, DPs

representatives

NGOs, female

members of

local

government,

PIUs , other

interest groups

Immediately

and

continuous

Instruction has been issued. The meetings of

GRCs were

reported to be

conducted upon

receiving the

grievances

48

11. Prepare consolidated semi-annual social

monitoring reports BSRDC, CSCs From June

2015

onwards

Instruction has been issued. CSCs agreed to

submit updated

semi-annual

monitoring

reports by 30

June 2017.

12. Place a tanker with potable water at zero

point of SH 86 until replacement of hand

pump is accomplished

BSRDC,

Contractor Immediately

and

continuous

Implemented. Implemented and

closed.

13. Cease all commencement of civil works

at road section where compensation has

not been paid and initiate civil works only

at road sections without land acquisition

or where payment of compensation to the

affected persons has been accomplished

BSRDC,

Contractors,

CSCs

Immediately C

and t

continuous l

ontractors have been instructed

o work only on the hindrance free

and handed over to them.

BSRDC agreed

for close

monitoring to

ensure its

compliance by

the Contractors.

14. Strengthen synchronization between

CSC and NGOs in finalization of road

design and land acquisition plans by

jointly working with definitive and reliable

strip plans

BSRDC,

CSCs, NGOs Immediately

and

continuous

Being Implemented. PIUs have been

performing major

roles. However,

CSCs and NGOs

need improved coordination for

land acquisition

plans, RPs

updation and its

implementation.

49

15. Systematically organize consultation BSRDC, Immediately Being Implemented. Consultations

meetings with affected persons along all

project roads explaining final land

acquisition impacts and their mitigation

and disclose LAR information pamphlet in

local language

16. Periodic review meetings of BSRDC and

CSC resettlement experts with ADB’s

environmental staff at ADB INRM in New

Delhi

CSCs, NGOs and

continuous

Consultants, From July Shall participate whenever

conveyed.

BSRDC and 2015

ADB onwards

with DPs was

ongoing and

disclosure need

to be improved as

agreed.

Complied with.

17. Report on the implementation of this

corrective action plan to ADB every two

months

BSRDC From 1

August

2015 every

two months

Until

completion

Report shall be submitted quarterly. CSCs have been

submitting the

semi-annual

monitoring

reports.

50

8. Conclusions and Recommendations

Compared to the impacts reported in ADB approved RPs, the actual impacts on the land and

assets of displaced persons were avoided significantly during the implementation. The

progress of the implementation of RPs (though not updated) and LARR activities has

remained slow so far. As indicated earlier, un-updated land records with revenue department,

mandatory submission of several documents in District Collector office that were not

possessed by the farmers in rural areas, non-availability of out-migrant DPs, delays in land

acquisition and disbursement of compensation and assistance amount, opposition by DPs for

higher compensation, weak co-ordination and monitoring, updated RPs pending for a long

time, inconsistent and unorganized data, inadequacy in data management, etc, are the major

issues. The implementation of agreed CAP and additional action plan within the timeframe

are other critical concerns requiring immediate attention of higher authorities of BSRDC. Also,

Bihar State has to immediately release additional funds required for compensation and

assistance to DPs under the RFCTLARR Act, 2013.

The institutional strengthening by immediately issuance of extension of time and restarting

the works by NGOs and deploying retired revenue officials where required, improved

coordination with Revenue Department for expeditious land acquisition, efficient grievance

redressal mechanism through information dissemination, awareness generation among DPs

and holding meetings of GRC regularly, closer monitoring by the PIUs, etc. will help

implement RPs expeditiously.

Overall the implementation of LARR activities/RPs follows the ADB SPS, 2009, applicable

National and State laws and policies. BSRDC is committed to comply with the legal covenants

of ADB in Bihar State Highways Project.

8.1. Additional Action Plan

Besides the CAP, the additional action plan agreed with the BSRDC is given in Table 8.1

51

52

Table 8.1. Additional Action Plan

S.No. Action Responsibility Timeline

1. Provide additional funds to BSRDC disburse Bihar State Immediately

compensation and assistance amount to

remaining DPs as the sanctioned amount for the

purpose became insufficient due to enhanced

compensation required under RTFCLARR Act,

2013

2. Completion of land acquisition and BSRDC/District 31 March 2018

disbursement of compensation and assistance Collectors

amount

3. Disbursement of compensation of pending BSRDC 30 June 2017

structures to non-titled DPs

4. Completion of the construction of maximum Contractors/

BSRDC

31 Dec 2017

5.

6.

7.

8.

9.

10.

CPRs

Prepare and distribute ID cards for remaining

non-titled DPs

Prepare micro-plan and distribute ID cards to

titled DPs

Completion of vocational training to remaining

DPs

Provide service extension of R&R and Gender

experts of CSCs

Deploy retired Revenue Officials (Ameen) in

SHs as required

Fill up one vacant post of Account Executive in

SH-88

NGOs/PIUs 31 May 2017

NGOs/PIUs Upon land

acquisition

notifications

NGOs/PIUs 31 Dec 2017

BSRDC As required

PIUs 31 May 2017

PIU/BSRDC 30 June 2017

11. Submission of Gender Action Plan for SH 83, SH 86, SH 87, SH 88 under Additional Financing

Gender Experts

of ICT and Egis

(CSCs)

Periodically

53

Annex 1

Checklist for Consultation/FGD with DPs on status of LARR activities

I. Identification

• Number and Name/s of DPs

• Location

• Social profile

II. Perceived Project Impacts

• Positive/ negative (priority-wise listing)

• Type and quantum of loss to land, assets, livelihood

• CPR, public utilities

III. Compensation Disbursement

• Compensation, allowances/assistance, IR program/ training, etc

• Special assistance to vulnerable groups

• Expectations/ satisfaction level

IV. Disclosure, Consultations and Participation

• source of information-newspaper, officials, public representatives, etc

• Consultations- frequency, personnel- EA/IA, NGO, purpose, output, etc

• Community participation- planning, implementation, monitoring

V. Grievance Redress Mechanism

• Information about the GRC, its members, functioning, meetings held

• Complaints/ grievances of DPs-type, reported to GRC, redressed and reasons if not redressed

timeline/duration

• Court cases

VI. Institutional Arrangements

• Personnel in place

• Process and procedure followed

• Time taken

VII. Suggestions for Improvement

54

Annex 2

Details of Consultation held with Affected Households and Stakeholders

Sl.No. SH

No.

Date Locati

on/Vill

age

and

No. of

Partici

pants

Issues Discussed Action/Decision/Agreement

1 SH-

78

21.10.2011 1. Will it be possible for

the department that

they will construct the

CPR?

1. Yes, we can construct the same

through contractor.

2. What is the basis or

eligibly to get the

compensation?

2. Any construction work within the

ROW after cut-off-date will neither

enumerated nor paid.

3. Whether this road will

be Concrete or

Bitumen?

3. The road will be constructed

concrete in built-up area, while in

open area it will be Bitumen.

4. Is there any legal

action against the

encroachers?

4. Compensation will be paid at

replacement cost

10.02.2011 Jahana (1) Which Process will

be apply in this project

for Land Acquisition?

(2) What benefit we get

from this project?

1. Discussed related LA process.

2. All of you get better connectivity

and employment also.

2 SH-

81

14.10.2014 Kaccha

wa 1. Detail project

activities and

entitlements

1. The participants were apprised

about the project and its road

alignment as well as entitlements.

2. Whether this road

will be Concrete or

Bitumen?

2. The road will be constructed

concrete in built-up area, while in

open area it will be Bitumen.

13.07.2014

Akhgao

1. Road safety

measures should be

provided.

1. Road safety signs would be

provided at various locations to avoid

accidents

2. Provision of bus stop and public

conveniences should be made

2. The matter will be discussed with

EA and it may be considered, if

possible

1. They want the

permission of PWD to

construct the CPR in

1. If Gram Panchayat got the authority and availability of so called

“Aabadi land” they can permit but

3

SH- 89

04.08.2014

Surapur

government land. PWD cannot entertain this kind of practice.

2. On what basis we

will get the

compensation?


replacement cost that was detailed

out.

09.10.2015

Chainpur

1. Proper road safety

issue, drainage facility.



accidents and the drainage will be constructed in built up area

2. On what basis we will

get the compensation?


replacement cost

1. A temple is being

affected due to

construction of road

should be properly rehabilitated.

1. Village community will be

consulted. Relocation site and

process will be finalized by the Community.

4

SH -

90

10.10.2014 Karanku dariya

2. The business

communities were told

that compensation/

assistance for

temporary disruption in

business will be

adequately assisted.

2. The business communities were

told that there is provision of

transitional assistance in the

entitlement matrix and they will be

adequately paid

12.08.2015

Dighawa

Divoli

1. Awareness about the

project and project

features

1. The participants were apprised

about the project and road alignment.

2. The farmers

demanded not to

acquire the private land

for up gradation of road.

2. The farmers were told that all the

efforts are being made not to acquire

the private land for up gradation of

road. However, if required, the land

will be acquired through private

negotiations with affected farmers.

3. Land dispute and destruction of big houses should be

avoided

3. Cases of land dispute will be

resolved in association with Revenue officials.

4. Adequate

compensation for loss of

4. Adequate compensation will be

paid that was explained.

55

structures

5

SH -

91

14.08.2014

Rampur

1. People requested

for road safety signs,

which would be

provided at various

locations to avoid

accidents

1. Various safety signages will be

provided.

2. The women also

requested for

employment during

construction of the road

2. As per the policy, contractor to

give preference to local labour,

especially women in the construction

activities

08.09.2014

Mirgarj

1. Proper road safety




accidents and the drainage will be

constructed in built up area

2. On what basis we will

get the compensation?

It was the quarry at

most locations.


replacement cost.

6

SH -

83

20.11.2014 Manjaur 1. What is the rate of

payment of Structure of

NTH

1. Payment of Structure will be at

current scheduled rate

15.01.2015 Semari 1. What would be the

compensation of Land

1. Payment of Land will be as per

new policy that was upto four times of

the registered value

2. What is the posibility

of minimization of

PROW in Market Area

2. Scop of minimization of PROW will

be explored

22.10.2013 Sahpur

More 1. Payment of Structure

of TH 1. Payment of Structure will be at

current scheduled rate

18.12.2013 Chiraiya 2. Rate of

Compensation of Land 2. Payment of Land will be as per

new policy.

01.03.2014 Mahama

dpur 1. What is the process

of land acquisition if our

land is within ROW.

1. We will facilitate and keep

updating about any case of LA if it

comes

2. Issues discussed

with the DP’s

*commercial regarding

their livelihood

2. All the DP’s whose commercial

structure ids getting affected is

entitled for the training program, and

we will update about the date and

56

restoration training venue of the training.

23.06.2014 Basra 1. A temple is being affected not yet

relocated, needs to be

rehabilitated.

1. The relocation/shifting will be done by project cost as per

entitlement matrix

7

86 2. One private lands

are affecting due to

diversion of road. This

needs to be avoided

from being acquired.

2. Regarding diversion of road on

private land, the matter has been

discussed with EA and it was

decided that if land is required

temporarily for construction of

diversion, the contractor will go for

agreement and pay the agreed

compensation.

12.12.2014 Jaitpur 1. Road safety

measures should be

provided.



accidents

2. Provision of bus

stop and public

conveniences should be

made

2. The matter will be discussed with

EA and it may be considered, if

possible

2.2.2015 Distolia 1. They want the

permission of PWD to

construct the CPR in

government land

1. If Gram Panchayat got the

authority and availability of so called

“Aabadi land” they can permit but

PWD cannot entertain this kind of

practice.

2. On what basis we

will get the

compensation?


replacement cost

7.03.2015 Motipur 1. Awareness about the

project and project

features

1. The participants were explained

about the project and road alignment.

2. The Farmers

requested not to acquire

the private land for up

gradation of road.

2. The farmers were told that all the

efforts are being made not to acquire

the private land for up gradation of

road. However, if required, the land

will be acquired through private

negotiations with affected farmers.

3. Land dispute and

demolition of multistory

3. Such structures will be avoided to

the extent possible and cases of

57

structures should be

avoided

land dispute will be resolved in

consultations with Revenue officials.

02.05.2015 Sariffpur 1.Will it be possible to

change the centre line ?

1.If technically feasible, will change

or shift the centre line. It was clarified

about the locations where any

change was not possible.

8

87

06.05.2015 Ganguli 1.Will it be possible to give construction cost to

a villager for

reconstruction of the

temple impacted?

1.The Gram Sabha has to take a decision in this regard.

2. On what basis we

will get the

compensation?

2. Compensation will be paid as per

approved Entitlement Matrix.

07.07.2015 Sursand 1.Proper road safety




accidents and the drainage will be

constructed in built up areas.

2. What is the process

of compensation?

2. Compensation will be paid as per

approved Entitlement Matrix that will

meet the replacement value.

9

SH -

88

17.10.2014 Morwara

II

1. What about the burial

ground site impacted?

1. People were not agreeable to shift

existing burial ground location.

13.05.2015 Lilhoul 2. Compensation

payment procedure

2. Compensation at the replacement

value and in accordance with

approved Entitlement Matrix will be

paid through cheque to the entitled

person/s in public.

58

59

Annex 3

Disbursement of Assistance Amount to TH and NTH

S. No. SH Disbursement of

Assistance

Total Number

of HH

Total Amount

Sanctioned (INR in Lakh

As of November 2016

Paid Balance

House Hold

Amount (INR in Lakh)

House Hold


1

78

Shifting Assistance

350 32.42 226 20.62 124 11.8

2 Livelihood Assistance

TBC

3 Transitional Assistance

2 0.18 2 0 0 0

4 Training Assistance

5499 219.96 4698 187.92 801 32.04

5

Special Assistance to Vulnerable

1535 15.35 932 93.2 603 60.3

Sub-Total 7387 406.06 5858 301.74 1528 104.14

1

81

Shifting Assistance

180 18 158 15.8 22 2.20


166 16.6 0 0 166 16.60


DTBC


146 5.84 0 0 146 5.84

5


120 12 95 9.5 25 2.5

Sub-Total 612 52.44 253 25.3 359 27.14

1

89

Shifting Assistance

27 2.7 27 2.7 0 0


DTBC


DTBC


23 0.92 23 0.92 0 0

5


32 3.2 31 3.1 1 0.1

Sub-Total 82 6.82 81 6.72 1 0.1

1 90

Shifting Assistance

212 21.2 191 19.1 21 2.1


TBC

60


Assistance

Total Number

of HH

Total Amount


As of November 2016

Paid Balance

House Hold


House Hold



13 1.71 12 1.08 1 0.09


71 2.84 61 2.44 10 0.4

5


587 58.7 403 40.3 184 18.4

Sub-Total 883 84.45 667 62.92 216 20.99

1

91

Shifting Assistance

118 11.8 103 10.3 15 1.5


178 17.8 0 0 178 17.8


TBC


248 9.92 65 2.6 183 7.32

5


104 10.4 65 6.5 39 3.9

Sub-Total 648 49.92 233 19.4 415 30.52

1

83

Shifting Assistance

100 5.44 94 5.14 6 0.3


TBC


3 0.27 3 0.27 0 0


40 1.6 39 1.56 1 0.04

5


179 17.9 175 17.5 4 0.40

Sub-Total 322 25.21 311 24.47 11 0.74

1

86

Shifting Assistance

154 15.4 154 15.4 0 0


TBC


TBC


129 5.16 122 4.88 7 0.28

5


96 9.6 96 9.6 0 0

61


Assistance

Total Number

of HH

Total Amount


As of November 2016

Paid Balance

House Hold


House Hold


Sub-Total 379 30.16 372 29.88 7 0.28

1

87

Shifting Assistance

132 13.2 129 12.9 3 0.3


TBC


TBC


86 3.44 75 3 11 0.44

5


297 29.7 286 28.6 11 1.1

Sub-Total 515 46.34 490 44.5 25 1.84

1

88

Shifting Assistance

865 23.98 477 13.21 388 10.77


TBC


TBC


347 13.88 112 4.48 235 9.4

5


841 8.41 494 49.4 347 3.47

Sub-Total 2053 46.27 1083 67.09 970 23.64

Total 12881 747.67 9348 582.02 3532 209.39

Annex 4 – Picture of Site Visits

63

Bihar State Highways II Project - Additional Financing

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