bihar state highways roads project (bshp) phase-iibsrdcl.bih.nic.in/news/news-04-05-09-2012.pdf ·...

Bihar State Highways Roads Project (BSHP) Phase-II

Government of Bihar (Bihar State Road Development Corporation Ltd)

Semi Annual EMP Implementation Monitoring Report

(January – August 2012)

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Semi Annual Progress Report (January to August 2012) of Environmental Management Plan (EMP) Implementation & Compliance Bihar State Highway Project

Improvement - Upgradation of Bihta – Naubatpur – Newa – Dumri – Beldarichak – Kansari – Daniyawan and Chandi- Noorsarai – Bhaganbigha – Rahui – Bind – Gopalband – Sarmera Road

(SH-78), Length 100.40 Km –for Construction Supervision

Contents 1. Introduction ............................................................................................................. 6

1.1 Salient Features of the Project ................................... 6

1.2 Brief details about Packages and Sections of the Road ............................................................................. 7

2. Compliance to Environmental Management Plan (EMP) ........................................ 9

2.1 Monthly Monitoring Report ......................................... 9

2.2 Status of Environment/Safety Officer Appointed by the Contractor .............................................................. 9

2.3 Compliance to Environmental Statutory Requirements .............................................................. 9

2.4 Approach and Methodology engaged for Environmental Monitoring of the Project ................. 12

2.5 Compliance status with Environmental Management and Monitoring Plans as stipulated in the environmental documentation as agreed with ADB 14

2.6 Range of Non-compliance ........................................... 1 3. EMP Training Provided ........................................................................................... 1

4. AIDS and Health Awareness Camps in different Packages .................................... 1

5. Monitoring of Environmental Receptors/Attributes .................................................. 1

5.1 Any other environmental aspects, impacts observed during implementation which were not covered earlier ........................................................................... 1

5.2 Details of grievances Redress Committees, Public Consultations conducted and complaints received from public and actions taken thereof to resolve ...... 1

6. Follow up actions .................................................................................................... 1

7. Conclusions ............................................................................................................ 2

8. Recommendations for a better compliance to EMP Implementation ....................... 2





List of Tables

Table 1-1: Salient features of SH-78 (Bihata to Sarmera) .... 6

Table 1-2: Sections of the Project ........................................ 7

Table 2-1: Activities and related Statutory Requirements .. 9

Table 2-2: Status of Statutory Compliance till August 2012 .................................................................................... 10

Table 2-3: Status of EMP Implementation till August 2012 .................................................................................... 15





List of Figures

Figure 1-1: Locations of sections of State Highways Project Road (SH-78) ............ 8

List of Annexure I. NOC for Hot Mix Plant Batching Plant & WMM Plant

II. Labour Licence

III. Insurance





List of Abbreviations

Abbreviations Extended Form

ADB Asian Development Bank AIDS Acquired Immune Deficiency Syndrome BSPCB Bihar State Pollution Control Pollution Control Board BSRDC Bihar State Road Development Corporation CD Cross Drainage CGWA Central Ground Water Authority CP Contract Package CPCB Central Pollution Control Board DG Diesel Generator DGM Deputy General Manager EHS Environment Health and Safety EMP Environmental Management Plan FIDIC International Federation of Consulting Engineers GRC Grievance Redress Committee HMP Hot Mix Plant IEE Initial Environment Examination IRC Indian Roads Congress MoEF Ministry of Environment & Forests MoSRTH Ministry of Shipping, Road Transport and Highways NA Not Applicable NOC No Objection Certificate PIU Project Information Unit PM Project Manager PMU Project monitoring unit PPE Personal Protection Equipments PUC Pollution under Control Certificates RE Resident Engineer ROW Right of Way RRAP Rehabilitation and Resettlement Action Plan CSC Construction Supervision Consultant SH State Highways TL Team Leader WMM Wet Mix macadam Plant





1. Introduction

1.1 Salient Features of the Project The entire project road comprises of about 100 Kms length from Bihta to Sarmera passing through Naubatpur – Newa – Dumri – Beldarichak – Kansari – Daniyawan and Chandi- Noorsarai – Bhaganbigha – Rahui – Bind – Gopalband – Sarmera. The salient features of the project are given in the Table 1.1 below.

Table 1-1: Salient features of SH-78 (Bihata to Sarmera)

Employer Bihar Road Development Corporation , Central Mechanical workshop Campus , Near airport, Patna

Engineer URS Scott Wilson India Pvt. Ltd.

Bid Type International Competitive Bidding

Contact Award Date March 24, 2010

Contact Agreement No 01/ICB/2010-2011

Contact Agreement Date April 1, 2010

Conditions of contract FIDIC conditions of contract designed by the Employer Multilateral Development Bank Harmonized Edition March 2006

Technical Specification MORTH Specifications for Road & Bridge works (Fourth Revision August 2001, Reprint, December 2003) and Supplementary Technical Specification

Contractor Ramky Infrastructure Ltd.

Value of Works Rs. 391,76,33,831.00

Commencement Date May 14, 2010

Completion date May 13, 2013

Defect Liability Period One year

Amount of performance security 10% of contract price

Mobilization Advance 10% of the Accepted contract Amount payable in the currencies and proportions in which the accepted. Contract Amount is payable. This advance is for Mobilization

Limit of Retention Money 5% of the contract price





1.2 Brief details about Packages and Sections of the Road The entire project road i.e. from Bihata to Sarmera is divided in two stretches – the first stretches is from Bihata to Daniyawan (km 4.600 to 52.100) and second stretch is from Chandi to Sarmera (km 0.300 to 47.800). Both these stretches are further subdivided in to the sections as shown in Table 1-2.

Table 1-2: Sections of the Project

Section Name

Time for access to site (sub-clause-2.1)

Time for completion in

days (sub-clause 1.1.3.3)

Damages for delay (Sub Clause 8.7)

Package -1 (Stretch -1) Bihta –Daniyawan Section

Section-I (km 0-26)

28 Days from the date of Signing of contract

900 days

1/20 (one twentieth of the final contract price of the section per day, in the currencies and proportions in which the contract price is payable. This subject to a maximum of 10% of the final contract price of the section

Section-II (km 26-52)


960 Days

Package -2 (Stretch-2) Chandi – Sarmera Section

Section-III (km 0 - 24)


990 Days

Section-IV (km 24-48)


1095 Days

The project map indicating the locations of both construction camps & sections of roads in both stretches is shown in Figure 1-1.


Semi Annual Progress Report (January to August 2012) of Environmental Management Plan (EMP) Implementation & Compliance Bihar State Highway Project Improvement - Upgradation of Bihta – Naubatpur – Newa – Dumri – Beldarichak – Kansari –

Daniyawan and Chandi- Noorsarai – Bhaganbigha – Rahui – Bind – Gopalband – Sarmera Road (SH-78), Length 100.40 Km –for Construction Supervision

Figure 1-1: Locations of sections of State Highways Project Road (SH-78)





2. Compliance to Environmental Management Plan (EMP)

2.1 Monthly Monitoring Report The immediate monitoring of EMP implementation is done by the designated Environment & Safety Officer of the Contractor in consultation with his Project Manager/Deputy Project Manager of respective packages and submits the report in the prescribed format to the Supervision Consultant. The Environmental Specialist of the Supervision Consultant (SC) visits the sites, reviews and discusses the EMP implementation status with the Environment & Safety Officer of the Contractor. Following to the reviews and discussions, Environmental Specialist finalizes the monthly report including the action plan and list of follow up issues before submission to BSRDC.

2.2 Status of Environment/Safety Officer Appointed by the Contractor The contractor has appointed Mr. Sanjay Kumar, Deputy Manager to look after the Environment, Health & Safety issues related with the project.

2.3 Compliance to Environmental Statutory Requirements The required details of the statutory requirements related to the project activities are listed in Table 1-2 and the current status of these compliances are given in Table 2-1.

Table 2-1: Activities and related Statutory Requirements

SN Activity Statute Requirement

1. Tree cutting and diversion of forest land for non-forest purpose

Forest (Conservation) Act, 1980, amended 1988

Permission for cutting roadside trees

2 Establishing stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets

The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and Environmental Protection Act, 1986 and amendments

Consent to Establishment

3 Operating stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets

The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,Noise Pollution (Regulation and Control) Rules, 2000, Hazardous Waste

Consent to Operate


http://www.moef.nic.in/legis/forest/forest2.html






(Management and Handling) Rules, 1989, Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, Public Liability Insurance Act, 1991, Batteries (Management and Handling), Amendments Rules, 2010

4 Quarry operation State Minor Mineral Concession Rules, The Mines Act of 1952, Indian Explosive Act of 1984, The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,Noise Pollution (Regulation and Control) Rules, 2000

Quarry Lease Deed and Quarry License

( The Govt. has issued order to not to issue any new quarry licences)

5 Extraction of ground water CGWA Policy Guidelines, 2009

Permission for extraction of ground water for use in road construction activities

6 Engagement of labour Labour Act, Contract Labour (Regulation & Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936, the Building and other construction workers (Regulation of Employment and Conditions of Service) Act 1956 and Cess Act of 1999, etc.

Labour license, safety measures at the building or construction work and other welfare measures, such as canteens, first aid facilities, housing accommodations for workers near work place etc. , minimum wages to fixed by appropriate government as per provisions of the act.

Table 2-2: Status of Statutory Compliance till August 2012

Statutory requirements

SH-78 Stretch-1

(Bihta to Daniyawan)

SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

Permission for Tree Cuttings

Permission for 168 tree cuttings has been obtained by DGM (PIU)

Permission for 171 tree cuttings is under process with forest officials and likely to be obtained by

NA






SH-78 Stretch-1


SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

DGM (PIU). However other than above protected forest tree cutting permission has been obtained

Forest Clearance

NA Stage-1 clearance has been obtained from MoEF Bhuvneshwar and Stage-II clearance is on progress.

MOEF clearance obtained vide letter no. BSRDCL-344/2010-(Part-I) / 2010- 1397 dated 15.07.2011

Consent to Establish

(stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets)

Obtained Obtained NA

Consent to Operate (hot mix plant, wet mix plant and Diesel Generator Sets)

NOC from Bihar State Pollution Control Board has been obtained valid till March 31, 2013


NA

Consent to Operate (stone crusher)

Consent to operate stone crusher is not available due to the Govt. change in policy

Application for Consent to Operate (Stone crusher - Shekhpura) is under process with BSPCB

Govt. policy changed to not issue new licence for crushing operation.

Quarry operation

As above As above






SH-78 Stretch-1


SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

Permission from Jal Nigam/ Nalkoop Nigam

Not required.

As per the CGWA Policy 2009, the Infrastructure Projects are exempted from up to a withdrawal of 2000 cubic meter per day in Alluvial plains.

Not required


MOEF clearance obtained

Labour License

Obtained, valid till January 17, 2013


NA

Workmen compensation insurance

Covered Covered NA

Pollution under control certificates

NA at this stage as machinery/vehicles/equipments is not more than one year older.

NA at this stage as machinery/vehicles/equipments is not more than one year older.

NA

Consent from Land Owners


Ambient Air Monitoring and Analysis Report

Has been carried out in the first week of July, 2012.

Monitored results were in compliance with CPCB Standards.


Monitored results were in compliance with CPCB Standards

NA

Noise pollution monitoring report





NA

Drinking water sample analysis report


Test results in the samples were in compliance with CPCB Standards



NA

2.4 Approach and Methodology engaged for Environmental Monitoring of the Project Various environmental issues are likely to occur during the implementation of such project like air pollution, encroachment into ecologically sensitive area, loss of





agriculture, noise and vibration, deforestation, solid and hazardous waste disposal, soil and water contamination etc. During the project preparation stages efforts were made to identify, mitigate and compensate these likely impacts on the environment. Now, in the construction stages, the environmental quality monitoring provides an opportunity to assess the effectiveness of the environmental management plan. During January – June 2012, no environmental complaint was recorded relating construction activities. The Contractor is the first point contact to lodge public complaints regarding environmental and social related matters. Instructions have been given not only to lodge all public complaints to be entered into the Complaints Register but also to promptly investigate and review environmental complaints and adopt appropriate corrective actions to address or mitigate the cause of the complaints. All the complaints received are placed before the RE/Grievance Redress Committee and the decision of the TL/RE/Environment Specialist/committee will be implemented. On-site instructions have regularly been given that the complaint register is to be kept at a convenient place, easily accessible by the public, preferably always with site engineers like first aid boxes. The overall methodology for the assessment and monitoring of EMP implementation involves following stages:

• Comprehensive Onsite training to RE/Project Manager of Contractor regarding EMP items and their implementation

• Written intimation to RE/Project Manager of Contractor, PMU Offices regarding any non-compliance observed and making them aware regarding the significance of having compliance with statutory and other EMP requirements

• Comprehensive Onsite training to RE/Project Manager of Contractor for working and monitoring of EMP Compliance

• Road inspections by the Environment Specialist, PMU, RE and Project Managers of Contractor to assess EMP Compliance and onsite non-compliance.

• Checking of Contractor files/records with respect to EMP items.

• Preparation and evaluation of EMP Compliance monitoring checklists in consultation with Project Managers Contractors

• Submission of evaluated compliance status report for verification to Nodal officer of respective PIU.

• Meeting of Environment Specialist PMU, Nodal officers of respective PIU, Team Leader, Resident Engineers, Project Manager, Contractors Environment, Health and safety Officer as and when any issue related with EMP implementation arises.

• Preparation of Environmental compliance reports and communication of the same to PMU (BSRDC), PIU Office (Bihar Sharif).





2.5 Compliance status with Environmental Management and Monitoring Plans as stipulated in the environmental documentation as agreed with ADB

The environmental management and monitoring plans are being implemented with respect to the guidelines defined in the Initial Environmental Examination (IEE) Report of ADB and the conditions mentioned in the Environmental Clearance from MoEF dated June 29, 2011. The leading project personnel are trained and aware of their responsibility towards:

• Adhering to the relevant mitigation measures that are set out in the EMP while planning and implementing the project; and

• Recording the conditions of roads, agricultural land and other infrastructure prior to transport of materials and construction commencement and upon completion of construction, fully reinstate roads, agricultural land and other infrastructure to at least their pre-project conditions

The Environmental Specialist of SC regularly visited all four sections in both the packages along with the respective Resident Engineers (SC), Field Engineers (SC), Project Managers (Contractor) and Environment Health and Safety Officer (Contractor). During the visits, various ongoing activities were observed and these activities were reviewed in connection with the environmental health and safety requirements. Following to the reviews, information were sought from the contractor on various aspects relating to the EHS compliances which was then reported on monthly and quarterly basis. During January – June 2012, the following major issues were reviewed and the Contractors were requested for their early compliances:

• Renewal of NOC/Consent to operate for Hot Mix Plants, WWM, batching plant and stone crushers

• Compliance with hazardous waste disposal requirements of waste/used oil and lubricants

• Compliance with the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and Batteries (Management and Handling), Amendments Rules, 2010

• Quarterly environmental monitoring for ambient air, noise and water quality. • Improvement in general housekeeping at each construction camp sites. • Borrow area rehabilitation programme • Providing first aid facility in each construction camps • HIV/AIDS awareness and health check up programme • Personal Protection Equipments (PPE) to the workers • Maintaining Traffic and Safety management in each of the CD structures

under construction as well as road works. Including above, the overall compliance status to the EMP implementation has been highlighted in Table 2-3.




Table 2-3: Status of EMP Implementation till June 2012

Environmental Issue/ Component Remedial Measure Approximate

Location Implementation

Status Time Frame Mitigation Cost

Reference to laws /guidelines

Design and Construction Stage (Focusing on Construction Stage)

1. Alignment

Constricted Sections along the proposed alignment

Avoidance to settlement areas, sensitive locations

Bypasses and Realignment at • Sadisopur • Naubatpur • Punpun • Kansari • Moiudinpur • Dumri, • Rahui • Bind and • Gopalbad

Implemented Design stage Project preparation cost, included in engineering cost

Design requirement

Compliance with highway alignments standards for curvature and grading

Implemented IRC:34 Recommendations for road construction in waterlogged area and IRC: 75 and MoSRTH guidelines for Design of High Embankments

Avoidance of additional need of ROBs/RUBs.

Implemented

Inadequate land width/ROW. Implemented

Minimum interference to major water bodies.

Implemented

2. Natural Hazards

Provision of adequate cross drainage structures.

Throughout the stretch especially near water crossings and identified (Punpun-Daniyawan and Rahui-Bind Sarmera) flood prone areas

Implemented Design and construction stage

Project preparation cost, included in engineering cost

Balancing culverts in flood prone areas



Embankment height: 1m free board from HFL

Implemented Design and construction

Project preparation








stage cost, included in engineering cost

Protection of road embankment in flood prone Areas

Improve drainage to restrict the flooding due to poor drainage

Being implemented as and where required

Design and construction stage


Embankment height to be raised sufficiently to avoid impact due to capillary action and other engineering solutions to protect embankment

Rahui-Bind-Sarmera Sections




Adequate balancing culverts Implemented Design and

construction stage


Earthquake All civil structures to be to be designed to sustain the earthquake magnitude of MSK IV as per BIS codes

Throughout the project corridor

Being implemented Design and construction stage


BIS codes and design requirement

3. Climate and Air Quality

Local Climatic conditions

Geometric adjustment to reduce tree cutting.

Throughout project corridor, level crossings, haulage roads, earthwork, Construction sites, loading areas, storage areas,


Additional Plantation cost

Kyoto Protocol, Environmental Protection Act, 1986; The Air (Prevention and Control of Pollution) Act, 1981, IRC and MORTH , Specifications for Road and Bridge works

Compensatory Plantation (1:3) Shall be implemented

Additional plantation on river banks, borrow areas and sensitive locations will also enhance the local climatic conditions

Shall be implemented








Poor air quality due to compromise in design.

Road design and Pavement roughness as per IRC specifications.

transport route Implemented

Project preparation cost

and Central Motor and Vehicle Act, 1988

congestion free movement of traffic with provision of junctions at major intersections and ROB


Plantation of pollutant absorbing trees


Dust Generation due to construction activities - transport, storage and handling of construction materials

Transport, loading and unloading of loose and fine materials through covered vehicles

Being partly implemented

Included in project cost

Paved approach roads. Being partly implemented

Storage areas to be located downwind of the habitation area.

Implemented

Water spraying on earthworks, unpaved haulage roads and other dust prone areas.


Provision of PPEs to workers. Being partly implemented

Emission from vehicle, equipment and machinery.

Regular maintenance of machinery and equipment

Asphalt mixing plants, crushers, DG sets locations

Implemented During the Construction stage

Included in project cost Included in monitoring cost

Environmental Protection act 1986 and subsequent amendments

Batching, asphalt mixing plants and crushers at downwind (1km) direction from the nearest settlement

Implemented

Only crushers licensed by the SPCB shall be used

Check status

DG sets with stacks of adequate height and use of low sulphur diesel as fuel.

Implemented








Ambient air quality monitoring Ambient air quality monitoring was carried out in the first week of July, 2012.

The monitoring results were in compliance with CPCB Standards.

Air (Prevention and Control of Pollution) Act, 1981

4. Noise

Noise from construction vehicle, equipment and machinery.

All equipment to be timely serviced and properly maintained.

Throughout project section especially at construction sites, residential areas and identified sensitive locations

Being implemented Construction stage

Monitoring Cost as indicated In EMP

Environmental Protection act 1986 & subsequent amendments Noise Pollution (Regulation and Control) Rules, 2000

Construction equipment and machinery to be fitted with silencers and maintained properly.


Timing of noisy construction activities shall be done during night time and weekends when there are no activities by the sensitive receptor, concurrent noisy operations may be separated to reduce the total noise generated, and if possible re-route traffic during construction to avoid the accumulation of noise beyond standards. Else provision of temporary noise barrier at sensitive locations or near sources


Time regulation near residential Being implemented Construction








areas and other noise sensitive areas

stage

Initiation of multi layered plantation, to serve as mitigation option for operation phase


Construction stage

Honking restrictions near sensitive areas


Construction stage

PPEs to workers

Partly implemented Construction stage

Noise monitoring as per EMP Noise monitoring was carried out in the first week of July, 2012. The monitoring results were in compliance with CPCB Standards.

Construction stage

5. Land and Soil

Land use Change and loss of productive/ top soil

Significant lands to be acquired for road construction hence, to the extent non-agricultural areas to be used as borrow areas

Throughout the project section and borrow areas


Included in engineering cost

Project requirement

Top soil to be preserved and laid over either on the embankment slope for growing vegetation to protect soil erosion.

Being implemented wherever possible

Efforts shall be made to provide institutional support to farmers in terms of enhancing the productivity of their land, improving the cropping pattern and use of high productive seeds









Slope protection and Soil erosion due to construction activities, earthwork, and cut and fill etc.

Construction schedule for bridges during non-monsoon season.

Throughout the stretch especially at all bridges


Project preparation cost and construction cost

IRC: 56 -1974 recommended practice for treatment of embankment slopes for erosion control Clause No. 306 and 305.2.2 MoSRTH Specifications for Road and Bridge works Guidelines IX for Soil erosion

Bio-turfing of embankments to protect slopes.


Slope protection by providing frames, dry stone pitching, masonry retaining walls, planting of grass and trees.


The side slopes of all cut and fill areas will be graded and covered with stone pitching, grass and shrub as per design specifications.


Soil erosion at earth stockpiles

The earth stockpiles to be provided with gentle slopes to prevent soil erosion

At earth stockpiles


design and Construction stage


Borrow areas Non-productive, barren lands, upland shall be used for borrowing earth with the necessary permissions/consents

Borrow sites and quarries (if required) location.

Being implemented to the possible extents

Construction stage

Engineering cost

IRC Guidelines on borrow areas and for quarries (Environmental Protection Act and Rules, 1986; Water Act, Air Act, Clause No. 305.2.2 MoSRTH Specifications for Road and Bridge works, Guidelines V for Borrow Areas Management

Depths of borrow pits to be regulated

Being implemented as per the agreement with land owners

Construction stage

Topsoil to be stockpiled and protected for use at the rehabilitation stage.


Construction stage

Transportation of earth materials through covered vehicles


Construction stage

IRC recommended practice for borrow pits (IRC 10: 1961).

Being implemented along with the land

Construction stage








owner’s requirements

Borrow areas not to be dug continuously.

Implemented Construction stage

To the extent borrow areas shall be sited away from habituated areas. Borrow areas shall be levelled with salvaged material or other filling materials which do not pose contamination of soil. Else, it shall be converted into fishpond in consultation with fishery department and land owner/community. Rehabilitation of the borrow areas as per Guidelines for redevelopment of Borrow Areas.

Being partly implemented Rehabilitation plan is yet to be developed by the Contractor

Construction stage

If dredging is required, prior permission shall be taken and dredged material shall be checked

Not applicable Construction stage

Quarry Operations Aggregates will be sourced from existing licensed quarries.

Quarry locations

Update status Throughout the construction phase

Clause No. 111.3 MoSRTH Specifications for Road and Bridge works Guidelines VI for Quarry Areas Management

Copies of consent/ approval / rehabilitation plan for a new quarry or use of existing source will be submitted to SC and BSRDC.

NA, Outsourcing

The contractor will develop a Quarry Redevelopment plan, as per the Mining Rules of the state and submit a copy of the approval to EA.

NA, Outsourcing

The quarry operations will be NA, Outsourcing








undertaken within the rules and regulations in force in the state.

Compaction of soil and impact on quarry haul roads due to movement of vehicles and equipments

Construction vehicles, machinery, and equipment to be stationed in the designated ROW to avoid compaction

Parking areas, Haulage roads and construction yards.

Being implemented Just before commencement of construction

Included in Engineering cost

Project Requirement

Approach roads/haulage roads shall be designed along the barren and hard soil area to reduce the compaction

Being implemented

Transportation of quarry material to the dumping sites through heavy vehicles shall be done through existing major roads to the extent possible to restrict wear and tear to the village/minor roads

Being implemented

Land taken for construction camp and other temporary facility shall be restored to its original conditions.

Shall be implemented during demobilization

During demobilization of the construction camp

Contamination of soil due to leakage/ spillage of oil, bituminous and non bituminous debris generated from demolition and road construction

Construction vehicles and equipment will be maintained and refuelled in such a fashion that oil/diesel spillage does not contaminate the soil.

Fuelling station, construction sites, and construction camps and disposal location

Partly implemented, improvement required

Just before commencement of construction

Fuel storage and refuelling sites to be kept away from drainage channels.

Being Implemented

Unusable debris shall be dumped in ditches and low lying areas

Shall be implemented whenever required

Waste oil and oil soaked cotton/ cloth shall be stored in containers

Not Implemented








labelled ‘Waste Oil’ and ‘Hazardous’ sold off to MoEF/SPCB authorized vendors Non-bituminous wastes to be dumped in borrow pits with the concurrence of landowner and covered with a layer of topsoil conserved from opening the pit

Shall be implemented if possible with the consent of the land owner

Bituminous wastes will be disposed off in an identified dumping site approved by the State Pollution Control Board

If required, shall be implemented under the guidance of BSPCB

Soil quality monitoring Being implemented

6. Water Resources

Construction water

Contractor will arrange adequate supply and storage of water for the whole construction period at his own costs and submit a list of source/s to EA.

Throughout the project section



Clause No. 1010 EP Act 1986 MoSRTH Specifications for Road and Bridge works The contractor will source the

requirement of water preferentially from ground water but with prior permission from the concerned authority.

Being implemented

The contractor will take all precaution to minimize the wastage of water in the construction process/ operation.

Being implemented

Water intensive activities not to be undertaken during summer period (April, May June)

Being implemented

Alteration in surface Existing drainage system to be Near all Being implemented Construction Included in Design requirement,








water hydrology due to embankment

maintained and further enhanced drainage channels, river crossings etc.

stage engineering cost

Clause No 501.8.6. MoSRTH Specifications for Road and Bridge

Provision of adequate size and number of cross drainage structures

Being implemented

Sections of the corridor to be raised suitably along flood prone areas with the cross drainage structures and adequate side drains to be built

Being implemented

Siltation in water bodies due to construction activities/earthwork

Bridge construction on non-perennial streams to be limited to the dry season

Near all river water bodies, embankment slopes.


Included in Engineering Cost

Design requirement Clause No 501.8.6. MoSRTH Specifications for Road and Bridge works (CP and CP) and worldwide best practices

Embankment slopes to be modified suitably to restrict the soil debris entering water bodies.


Provision of Silt fencing shall be made at water bodies

Being Implemented Construction stage

Silt/sediment should be collected and stockpiled for possible reuse as surfacing of slopes where they have to be re-vegetated



Earthworks and stone works to be prevented from impeding natural flow of rivers, streams and water canals or existing drainage system.

Shall be Implemented

Construction stage


Deterioration in surface water quality due to leakage from vehicles and equipments.

No vehicles or equipment should be parked or refuelled near water-bodies, so as to avoid contamination from fuel and lubricants

Water bodies, refuelling stations, construction camps.


Engineering cost, Monitoring cost as indicated in EMoP

The Water (Prevention and Control of Pollution) Act, 1974 and amendments thereof.

Oil and grease traps and fuelling platforms to be provided at re-


Engineering cost,








fuelling locations Monitoring cost as indicated in EMoP

All chemicals and oil shall be stored away from water and concreted platform with catchment pit for spills collection



All equipment operators, drivers, and warehouse personnel will be trained in immediate response for spill containment and eventual cleanup. Readily available, simple to understand and preferably written in the local language emergency response procedure, including reporting, will be provided by the contractors



Construction camp to be sited away from water bodies

Implemented During the construction stage


Wastes must be collected, stored and taken to approve disposal site only.

Being implemented During the construction stage


Water quality shall be monitored periodically.

Being implemented – ground water quality was tested in the first week of July 2012. Surface water quality is yet to be analysed

During the construction stage









7. Flora and Fauna

Vegetation loss due to site preparation and construction activities and Plantation Strategy

Suitable modifications in design to minimize tree cutting




Forest Conservation Act 1980, IRC SP: 21 and IRC SP:66

Roadside trees to be removed with prior approval of DFO


Compensatory plantation at 1:3 basis

Shall be implemented by the Forest Department

Construction stage

Provision of LPG in construction camp as fuel source to avoid tree cutting.


Plantation of trees on both sides of the road. Integrate Vegetation Management (IVM) with the carriage way completely clear of vegetation. From the edge of the road to the boundary of ROW, vegetation structured with smaller plants near the line and larger trees further away to avoid costly clearing when the carriage way is expanded from 2L to 4L and provide habitats for a wide variety of plants and animals. Additional plantation near river banks to check erosion.


Construction stage

In the event of design changes during the construction stages additional assessments including the possibility to save trees shall be made by the EA.


Road side Plantation Strategy as Shall be Construction








per IRC specifications including manureing., Control use of pesticides/manure

implemented stage

Impact on fishing activity (production, spawning and breeding grounds)

Adequate waterways to be maintained

Near all water bodies and ponds especially in river Punpun which is only perennial river

Being implemented During construction stage

Part of Engineering Work

State Govt. Fisheries Department guidelines and best practices Siltation and water contamination

shall be preventing to reduce turbidity.

Being implemented

Restricting construction activity during the breeding period (Monsoon Period)

Being implemented

Plantation in the riparian area of the rivers, to reduce erosion

Shall be implemented if permitted

8. Construction Camps

Impact associated with location

All camps should maintain minimum distance from following: # 500 m from habitation # 1000m from forest areas # 500 m from water bodies # 500 m from through traffic route

All construction camps



Design Requirement

worker’s Health in construction camp

The location, layout and basic facility provision of each labour camp will be submitted PIU prior to their construction. The construction shall commence only after approval of PIU.




The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and The Water (Prevention and Control of Pollution) Act, 1974 and amendments thereof

The contractor will maintain necessary living accommodation and ancillary facilities in functional and hygienic manner as approved by the EA










Preventive medical care to be provided to workers.



Disposal of solid waste on regular basis at identified locations



The Contractor will take all precautions to protect the workers from insect and pest to reduce the risk to health. This includes the use of insecticides which should comply with local regulations



No alcoholic liquor or prohibited drugs will be imported to, sell, give, and barter to the workers of host community.



Provision of day crèche for children

Not required due to the availability of local labour

Construction stage


Recreation and sporting facilities for the staff and workers



Immunization to immigrant workers/local community against communicable and sexually transmitted diseases.


Construction stage


9. Management of Construction Waste/Dismantled Debris

Selection of Dumping Sites

Unproductive/wastelands shall be selected for dumping sites.

At all Dumping Sites

Shall be implanted , as and when required

Construction stage

Part of the contract

Design Requirement and MoSRTH guidelines

Away from residential areas and water bodies

Shall be implanted , as and when








required Dumping sites have adequate capacity equal to the amount of debris generated.


Public perception and consent from the village Panchayats has to be obtained before finalizing the location

Shall be obtained , as and when required

All excavated materials from roadway, shoulders, verges, drains, cross drainage will be used for backfilling embankments, filling pits, and landscaping.


Construction stage


Unusable debris material should be suitably disposed off at pre-designated disposal locations, with approval of the concerned authority. The bituminous wastes shall be disposed in secure landfill sites only in environmentally accepted manner. For removal of debris, wastes and its disposal MoSRTH guidelines should be followed.


Construction stage


Unusable and surplus materials, as determined by the Project Engineer, will be removed and disposed off-site


Construction stage


10. Accessibility, Traffic Management, Accident and Safety Risks

Design requirement and Traffic Planning During Construction Stage

Provision of junctions at all major intersections.

Throughout the project corridor especially at intersections.

Implemented Design and Construction stage

Project preparation and construction

Design requirement and IRC SP:55

Temporary traffic diversion shall Being implemented








be planned by the contractor and approved by the ‘Engineer’.

cost

The traffic control plans shall contain details of diversions; traffic safety arrangements during construction; safety measures for night time traffic and precautions for transportation of hazardous materials. Traffic control plans shall be prepared in line with requirements of IRC’s SP 55 document

Being implemented

The Contractor will ensure that the diversion/detour is always maintained in running condition, particularly during the monsoon to avoid disruption to traffic flow.

Being implanted

On stretches where it is not possible to pass the traffic on the part width of existing carriageway, temporary paved diversions will be constructed.


The contractor shall inform local community of changes to traffic routes, and pedestrian access arrangements with assistance from “Engineer

Being implemented

Use of adequate signage to ensure traffic management and safety. Conduct of regular safety audit on safety measures.

Being implemented

Pedestrians, animal and Vehicular movement

All measures for the safety of traffic during construction viz. signs, markings, flags, lights and

Near habitation on both sides level crossings,


Project preparation and

Design requirement and • IRC: SP: 27 -1984








flagmen as proposed in the Traffic Control Plan/Drawings shall be taken.

schools and hospitals, graveyards, construction sites, haulage roads, diversion sites

construction cost

Report Containing Recommendations of IRC Regional Workshops on Highway Safety

• IRC:SP: 32 -1988 Road Safety for Children (5-12 Years Old)

• IRC:SP: 44 -1994 Highway Safety Code

• IRC: SP: 55 -2001 Guidelines for Safety in Construction Zones

• The Building and other Construction workers Act 1996 and Cess Act of 1996

• Factories Act 1948

Temporary access and diversion, with proper drainage facilities.

Being implemented as and when required

Access facility to the schools located adjacent to the highway.


Provision of service roads, underpasses near built-up areas. Else the cross drainage structures at select locations in high embankment areas can be made suitable for crossing over facilities

Shall be implemented as per the contract provisions

Fencing wherever cattle movement is expected. To avoid the need for cattle underpasses, some of the proposed culverts `near habitations may be widened to facilitate cattle movement


Accident risk from construction activities

Contractors to adopt and maintain safe working practices.

Construction sites

Implemented During construction stage

Project preparation and construction cost

Usage of fluorescent signage, in local language at the construction sites

Being implemented

Training to workers on safety procedures and precautions

Implemented through toolbox meeting

Mandatory appoint of safety officer.

Appointed

All regulations regarding safe scaffolding, ladders, working platforms, gangway, stairwells,

Partial implemented, further








excavations, trenches and safe means of entry and egress shall be complied with.

improvements are required

Provision of PPEs to workers Partially implemented

Provision of a readily available first aid unit including an adequate supply of dressing materials, ambulance, nursing staff, and doctor to be provided.

Partially implemented

The contractor will not employ any person below the age of 14 years for any work and no woman will be employed on the work of painting with products containing lead in any form.

Implemented

Electrical Hazard No material will be so stacked or placed as to cause danger or inconvenience to any person or the public

Construction Site and Storage Areas

Partial implemented, further improvements are required

Construction stage

construction cost

The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and Cess Act of 1996 Factories Act 1948

All necessary fencing and lights will be provided to protect the public in construction zones

Being implemented, as and when required, further improvements are required


All machines to be used in the construction will conform to the relevant Indian Standards (IS) codes, will be free from patent defect, will be kept in good working order, will be regularly inspected and properly maintained as per IS provision

Being implemented Project preparation and construction cost








and to the satisfaction of the ‘ Engineer’

11. Common Property Resources and other Utilities

Avoidance of CPRs Realignment nears all CPRs wherever it is technically feasible.

Near all sensitive Locations. Graveyards near Lakhna village.

Being implemented with the consent of the Client

During design and construction phase

Project requirement

Shifting of community properties

Geometric adjustment while finalizing the alignment to minimize the loss to any such facilities

Throughout the corridor


Before commencement of construction in the affected length

Project requirement

Relocation of wells, hand pumps at suitable locations.


Implementation under process

Project requirement

Utilities

All telephone and electrical poles/wires and underground cables should be shifted to avoid any such hazards



12. Enhancement Measures

Environmental enhancement along the corridor

Enhancement of Ponds, tree plantations near likely to be relocated community structures/ landscaping etc

Pond near Meernagar, community structures likely to be rehabilitated and landscaping sites

Not implemented so far

Design and Construction Stage

Environmental Enhancement as part of project requirement








Enhancement/rehabilitation of borrow areas etc

Shall be implemented as per the agreement with the land owner before closing the borrow area

Borrow areas enhancement is part of engineering Cost for others lump sump cost

13. Contractor Demobilization

Clean-up Operations, Restoration and Rehabilitation

Contractor will prepare site restoration plans, which will be approved by the ‘Engineer’. The clean-up and restoration operations are to be implemented by the contractor prior to demobilization.

Throughout the Corridor

Shall be implemented , once, construction is completed

Immediately after the completion of the construction

Included in the project cost

Project requirement

All construction zones including river-beds, culverts, road-side areas, camps, hot mix plant sites, crushers, batching plant sites and any other area used/affected by the project will be left clean and tidy, at the contractor's expense, to the entire satisfaction to the Environment officer .All the opened borrow areas will be rehabilitated .and ‘Engineer’ will certify in this regard.


1

2.6 Range of Non-compliance It is evident from Table 2-2 and Table 2-3 that the range of non-compliances with respect to the statutory requirements and the EMP implementation are nominal. However, there are area where improvements are required especially the health and safety.

3. EMP Training Provided No formal EMP training programme was organized during January – June 2012. However, time to time the Environment Specialist had explained EMP items and their monitoring to the EHS Office, Project Manager of Contractor and RE during his site visits. In past, a detailed EMP implementation training programme was organized on August 27, 2011.

4. AIDS and Health Awareness Camps in different Packages No AIDS or Health Awareness Camps was organized during January – June 2012. The latest camp was organised on March 25, 2011.

5. Monitoring of Environmental Receptors/Attributes The environmental pollution monitoring of air, noise and water parameters was conducted in the first week of July 2012 representing the second quarter, the test results are included as Annexure 1. The monitored results were well within standard limits prescribed by CPCB In the first quarter no environmental pollution monitoring were conducted.

5.1 Any other environmental aspects, impacts observed during implementation which were not covered earlier Though the mitigation measures suggested in the EMP are being implemented as part of the project, It has been observed during site visit on.

5.2 Details of grievances Redress Committees, Public Consultations conducted and complaints received from public and actions taken thereof to resolve Grievance Redress Committee (GRC) has been constituted. Meanwhile, a complaint register is being kept at the Construction Camps. So far, no complaints from public have been received regarding environmental issues relating to the construction activities.

6. Follow up actions • Checking of the progress in obtaining NOCs (Consents to operate) for Stone

Crushers • Obtain license from district authority for storage of Petroleum class B • Renewed Pollution Under Control Certificates (PUCs)


2

• Secondary containment for the petroleum product storage and handlings • Obtain license to store compressed gas in cylinders under Rule 44, Gas

Cylinders Rules, 2004. • Proper disposal of solid and hazardous wastes. • Personal Protective Equipment (PPE) and encourage workers to use these

equipments. • Redevelopment/closure plan for borrows area in compliance with the terms and

condition agreed with land owners. Post monsoon inspection of borrow area with respect to rehabilitation

7. Conclusions

• The overall EMP compliance at the construction camps were satisfactory and require regular attention.

• The renewable of consent to operate required for HMP and DG Set were completed; the renewed consent is valid till January 31, 2013.

• Issues relating to the solid and Hazardous waste disposal are yet to be addressed by the contractor.

• The contractor has appointed an Environmental, Health and Safety Officer

• The environmental pollution monitoring was conducted in the second quarter, the monitoring results indicates that the air, water and noise quality were within the compliance levels.

8. Recommendations for a better compliance to EMP Implementation

Subject to the extent of environmental non-compliance, strict actions are required for the better implementation of EMP. The work must be stopped in case of regulatory and safety non-compliances.


3

1. Semi Annual Environmental Monitoring Report

1.1 Monthly Monitoring Report The immediate monitoring of EMP implementation is done by the designated Environment & Safety Officer of the Contractor in consultation with his Project Manager/Deputy Project Manager of respective packages and submits the report in the prescribed format to the Supervision Consultant. The Environmental Specialist of the Supervision Consultant (SC) visits the sites, reviews and discusses the EMP implementation status with the Environment & Safety Officer of the Contractor. Following to the reviews and discussions, Environmental Specialist finalizes the monthly report including the action plan and list of follow up issues before submission to BSRDC.

1.2 Status of Environment/Safety Officer Appointed by the Contractor The contractor has appointed Mr. Sanjay Kumar, Deputy Manager to look after the Environment, Health & Safety issues related with the project.

1.3 Compliance to Environmental Statutory Requirements The required details of the statutory requirements related to the project activities are listed in Table 1.1 and the current status of these compliances are given in Table 1.2

Table 1.1: Activities and related Statutory Requirements


1. Tree cutting and diversion of forest land for non-forest purpose

Forest (Conservation) Act, 1980, amended 1988

Permission for cutting roadside trees

2 Establishing stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets

The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and Environmental Protection Act, 1986 and amendments

Consent to Establishment

3 Operating stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets

The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,Noise Pollution (Regulation and Control) Rules, 2000, Hazardous Waste (Management and Handling) Rules, 1989, Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, Public Liability Insurance Act, 1991, Batteries

Consent to Operate




4


(Management and Handling), Amendments Rules, 2010

4 Quarry operation State Minor Mineral Concession Rules, The Mines Act of 1952, Indian Explosive Act of 1984, The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,Noise Pollution (Regulation and Control) Rules, 2000

Quarry Lease Deed and Quarry License

( The Govt. has issued order to not to issue any new quarry licences)

5 Extraction of ground water CGWA Policy Guidelines, 2009

Permission for extraction of ground water for use in road construction activities

6 Engagement of labour Labour Act, Contract Labour (Regulation & Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936, the Building and other construction workers (Regulation of Employment and Conditions of Service) Act 1956 and Cess Act of 1999, etc.

Labour license, safety measures at the building or construction work and other welfare measures, such as canteens, first aid facilities, housing accommodations for workers near work place etc. , minimum wages to fixed by appropriate government as per provisions of the act.

Table 11.2: Status of Statutory Compliance till June 2012


SH-78 Stretch-1


SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

Permission for Tree Cuttings

Permission for 168 tree cuttings has obtained by DGM (PIU)

Permission for 171 tree cuttings is under process with forest officials and likely to be obtained by DGM (PIU). However other than above protected forest tree cutting permission also in process

NA

Forest Clearance

NA Application for the forest clearance is under process with the state level forest authorities and will be reaching to the Regional

MOEF clearance obtained vide letter

no.BSRDCL-


5


SH-78 Stretch-1


SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

Office of MoEF in Bhubaneswar for final processing & required approvals.

344/2010-(Part-I)

/2010- 1397 dated

15.07.2011

Consent to Establish

(stone crusher, hot mix plant, wet mix plant and Diesel Generator Sets)


Consent to Operate

(hot mix plant, wet mix plant and Diesel Generator Sets)



NA

Consent to Operate (stone crusher)

Consent to operate stone crusher is not available due to the Govt. change in policy

Application for Consent to Operate (Stone crusher - Shekhpura) is under process with BSPCB

Govt. change in policy is not to issue licence for crushing operation

Quarry operation

As above As above

Permission from Jal Nigam/ Nalkoop Nigam

Not required.


Not required


MOEF clearance obtained vide letter

no.

Labour License Obtained, valid till January 17, 2013


NA

Workmen compensation insurance

Covered Covered NA

Pollution under control certificates

NA at this stage as machinery/vehicles/equipments is not more than one

NA at this stage as machinery/vehicles/equipments is not more than one

NA


6


SH-78 Stretch-1


SH-78 Stretch-2

(Chandi to Sarmera)

Actions in cases of

Non-compliance

year older. year older.

Consent from Land Owners


Ambient Air Monitoring and Analysis Report


Monitored results were in compliance with CPCB Standards.



NA

Noise pollution monitoring report





NA

Drinking water sample analysis report





NA

1.4 Approach and Methodology engaged for Environmental Monitoring of the Project Various environmental issues are likely to occur during the implementation of such project like air pollution, encroachment into ecologically sensitive area, loss of agriculture, noise and vibration, deforestation, solid and hazardous waste disposal, soil and water contamination etc. During the project preparation stages efforts were made to identify, mitigate and compensate these likely impacts on the environment. Now, in the construction stages, the environmental quality monitoring provides an opportunity to assess the effectiveness of the environmental management plan. During January – June 2012, no environmental complaint was recorded relating construction activities. The Contractor is the first point contact to lodge public complaints regarding environmental and social related matters. Instructions have been given not only to lodge all public complaints to be entered into the Complaints Register but also to promptly investigate and review environmental complaints and adopt appropriate corrective actions to address or mitigate the cause of the complaints. All the complaints received are placed before the RE/Grievance Redress Committee and the decision of the TL/RE/Environment Specialist/committee will be implemented. On-site instructions have regularly been given that the complaint register is to be kept at a convenient place, easily accessible by the public, preferably


7

always with site engineers like first aid boxes. The overall methodology for the assessment and monitoring of EMP implementation involves following stages:

• Comprehensive Onsite training to RE/Project Manager of Contractor regarding EMP items and their implementation

• Written intimation to RE/Project Manager of Contractor, PMU Offices regarding any non-compliance observed and making them aware regarding the significance of having compliance with statutory and other EMP requirements

• Comprehensive Onsite training to RE/Project Manager of Contractor for working and monitoring of EMP Compliance

• Road inspections by the Environment Specialist, PMU, RE and Project Managers of Contractor to assess EMP Compliance and onsite non-compliance.

• Checking of Contractor files/records with respect to EMP items.

• Preparation and evaluation of EMP Compliance monitoring checklists in consultation with Project Managers Contractors

• Submission of evaluated compliance status report for verification to Nodal officer of respective PIU.

• Meeting of Environment Specialist PMU, Nodal officers of respective PIU, Team Leader, Resident Engineers, Project Manager, Contractors Environment, Health and safety Officer as and when any issue related with EMP implementation arises.

• Preparation of Environmental compliance reports and communication of the same to PMU (BSRDC), PIU Office (Bihar Sharif).

1.5 Compliance status with Environmental Management and Monitoring Plans as stipulated in the environmental documentation as agreed with ADB

The environmental management and monitoring plans are being implemented with respect to the guidelines defined in the Initial Environmental Examination (IEE) Report of ADB and the conditions mentioned in the Environmental Clearance from MoEF dated June 29, 2011. The leading project personnel are trained and aware of their responsibility towards:

• Adhering to the relevant mitigation measures that are set out in the EMP while planning and implementing the project; and

• Recording the conditions of roads, agricultural land and other infrastructure prior to transport of materials and construction commencement and upon completion of construction, fully reinstate roads, agricultural land and other infrastructure to at least their pre-project conditions

The Environmental Specialist of SC regularly visited all four sections in both the packages along with the respective Resident Engineers (SC), Field Engineers (SC), Project Managers (Contractor) and Environment Health and Safety Officer (Contractor). During the visits, various ongoing activities were observed and these activities were reviewed in connection with the environmental health and safety requirements. Following to the reviews, information were sought from the contractor


8

on various aspects relating to the EHS compliances which was then reported on monthly and quarterly basis. During January – June 2012, the following major issues were reviewed and the Contractors were requested for their early compliances:

• Renewal of NOC/Consent to operate for Hot Mix Plants, WWM, batching plant and stone crushers

• Compliance with hazardous waste disposal requirements of waste/used oil and lubricants

• Compliance with the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and Batteries (Management and Handling), Amendments Rules, 2010

• Quarterly environmental monitoring for ambient air, noise and water quality. • Improvement in general housekeeping at each construction camp sites. • Borrow area rehabilitation programme • Providing first aid facility in each construction camps • HIV/AIDS awareness and health check up programme • Personal Protection Equipments (PPE) to the workers • Maintaining Traffic and Safety management in each of the CD structures

under construction as well as road works. Including above, the overall compliance status to the EMP implementation has been highlighted in Table 1.1.


1

Table 1.3: Status of EMP Implementation till June 2012





Design and Construction Stage (Focusing on Construction Stage)

14. Alignment

Constricted Sections along the proposed alignment

Avoidance to settlement areas, sensitive locations

Bypasses and Realignment at • Sadisopur • Naubatpur • Punpun • Kansar • Moiudinpur • Dumri, • Rahui • Bind and • Gopalbad

Implemented Design stage Project preparation cost, included in engineering cost

Design requirement

Compliance with highway alignments standards for curvature and grading

Implemented IRC:34 Recommendations for road construction in waterlogged area and IRC: 75 and MoSRTH guidelines for Design of High Embankments

Avoidance of additional need of ROBs/RUBs.

Implemented

Inadequate land width/ROW. Implemented

Minimum interference to major water bodies.

Implemented

15. Natural Hazards

Provision of adequate cross drainage structures.

Throughout the stretch especially near water crossings and identified (Punpun-Daniyawan and Rahui-Bind Sarmera) flood prone areas



Balancing culverts in flood prone areas



Embankment height: 1m free board from HFL



Protection of road Improve drainage to restrict the Being implemented Design and Project


2





embankment in flood prone Areas

flooding due to poor drainage as and where required

construction stage

preparation cost, included in engineering cost

Embankment height to be raised sufficiently to avoid impact due to capillary action and other engineering solutions to protect embankment

Rahui-Bind-Sarmera Sections




Adequate balancing culverts Implemented Design and

construction stage


Earthquake All civil structures to be to be designed to sustain the earthquake magnitude of MSK IV as per BIS codes


Being implemented Design and construction stage


BIS codes and design requirement

16. Climate and Air Quality

Local Climatic conditions

Geometric adjustment to reduce tree cutting.

Throughout project corridor, level crossings, haulage roads, earthwork, Construction sites, loading areas, storage areas, transport route


Additional Plantation cost

Kyoto Protocol, Environmental Protection Act, 1986; The Air (Prevention and Control of Pollution) Act, 1981, IRC and MORTH , Specifications for Road and Bridge works and Central Motor and Vehicle Act, 1988

Compensatory Plantation (1:3) Shall be implemented

Additional plantation on river banks, borrow areas and sensitive locations will also enhance the local climatic conditions


Poor air quality due to compromise in design.

Road design and Pavement roughness as per IRC specifications.

Implemented Project preparation cost

congestion free movement of traffic with provision of junctions at major intersections and ROB


Plantation of pollutant absorbing Shall be


3





trees implemented

Dust Generation due to construction activities - transport, storage and handling of construction materials

Transport, loading and unloading of loose and fine materials through covered vehicles


Included in project cost

Paved approach roads. Being partly implemented

Storage areas to be located downwind of the habitation area.

Implemented

Water spraying on earthworks, unpaved haulage roads and other dust prone areas.


Provision of PPEs to workers. Being partly implemented

Emission from vehicle, equipment and machinery.

Regular maintenance of machinery and equipment

Asphalt mixing plants, crushers, DG sets locations

Implemented During the Construction stage

Included in project cost Included in monitoring cost

Environmental Protection act 1986 and subsequent amendments Air (Prevention and Control of Pollution) Act, 1981

Batching, asphalt mixing plants and crushers at downwind (1km) direction from the nearest settlement

Implemented

Only crushers licensed by the SPCB shall be used

Check status

DG sets with stacks of adequate height and use of low sulphur diesel as fuel.

Implemented

Ambient air quality monitoring Ambient air quality monitoring was carried out in the first week of July, 2012.

The monitoring results were in compliance with CPCB Standards.

17. Noise

Noise from All equipment to be timely Throughout Being implemented Construction Monitoring Environmental Protection


4





construction vehicle, equipment and machinery.

serviced and properly maintained. project section especially at construction sites, residential areas and identified sensitive locations

stage Cost as indicated In EMP

act 1986 & subsequent amendments Noise Pollution (Regulation and Control) Rules, 2000

Construction equipment and machinery to be fitted with silencers and maintained properly.


Timing of noisy construction activities shall be done during night time and weekends when there are no activities by the sensitive receptor, concurrent noisy operations may be separated to reduce the total noise generated, and if possible re-route traffic during construction to avoid the accumulation of noise beyond standards. Else provision of temporary noise barrier at sensitive locations or near sources


Time regulation near residential areas and other noise sensitive areas


Initiation of multi layered plantation, to serve as mitigation option for operation phase


Construction stage

Honking restrictions near sensitive areas


Construction stage

PPEs to workers

Partly implemented Construction stage

Noise monitoring as per EMP Noise monitoring was carried out in the first week of July, 2012. The monitoring results were in compliance with

Construction stage


5





CPCB Standards.

18. Land and Soil

Land use Change and loss of productive/ top soil

Significant lands to be acquired for road construction hence, to the extent non-agricultural areas to be used as borrow areas

Throughout the project section and borrow areas



Project requirement

Top soil to be preserved and laid over either on the embankment slope for growing vegetation to protect soil erosion.


Efforts shall be made to provide institutional support to farmers in terms of enhancing the productivity of their land, improving the cropping pattern and use of high productive seeds


Slope protection and Soil erosion due to construction activities, earthwork, and cut and fill etc.

Construction schedule for bridges during non-monsoon season.

Throughout the stretch especially at all bridges



IRC: 56 -1974 recommended practice for treatment of embankment slopes for erosion control Clause No. 306 and 305.2.2 MoSRTH Specifications for Road and Bridge works Guidelines IX for Soil erosion

Bio-turfing of embankments to protect slopes.


Slope protection by providing frames, dry stone pitching, masonry retaining walls, planting of grass and trees.


The side slopes of all cut and fill areas will be graded and covered with stone pitching, grass and shrub as per design specifications.


Soil erosion at earth stockpiles

The earth stockpiles to be provided with gentle slopes to prevent soil erosion

At earth stockpiles


design and Construction stage



6





Borrow areas Non-productive, barren lands, upland shall be used for borrowing earth with the necessary permissions/consents

Borrow sites and quarries (if required) location.

Being implemented to the possible extents

Construction stage

Engineering cost

IRC Guidelines on borrow areas and for quarries (Environmental Protection Act and Rules, 1986; Water Act, Air Act, Clause No. 305.2.2 MoSRTH Specifications for Road and Bridge works, Guidelines V for Borrow Areas Management

Depths of borrow pits to be regulated

Being implemented as per the agreement with land owners

Construction stage

Topsoil to be stockpiled and protected for use at the rehabilitation stage.


Construction stage

Transportation of earth materials through covered vehicles


Construction stage

IRC recommended practice for borrow pits (IRC 10: 1961).

Being implemented along with the land owner’s requirements

Construction stage

Borrow areas not to be dug continuously.


To the extent borrow areas shall be sited away from habituated areas. Borrow areas shall be levelled with salvaged material or other filling materials which do not pose contamination of soil. Else, it shall be converted into fishpond in consultation with fishery department and land owner/community. Rehabilitation of the borrow areas as per Guidelines for redevelopment of Borrow Areas.

Being partly implemented Rehabilitation plan is yet to be developed by the Contractor

Construction stage

If dredging is required, prior permission shall be taken and dredged material shall be checked

Not applicable Construction stage

Quarry Operations Aggregates will be sourced from Quarry Update status Throughout the Clause No. 111.3


7





existing licensed quarries. locations construction phase

MoSRTH Specifications for Road and Bridge works Guidelines VI for Quarry Areas Management

Copies of consent/ approval / rehabilitation plan for a new quarry or use of existing source will be submitted to SC and BSRDC.

NA, Outsourcing

The contractor will develop a Quarry Redevelopment plan, as per the Mining Rules of the state and submit a copy of the approval to EA.

NA, Outsourcing

The quarry operations will be undertaken within the rules and regulations in force in the state.

NA, Outsourcing

Compaction of soil and impact on quarry haul roads due to movement of vehicles and equipments

Construction vehicles, machinery, and equipment to be stationed in the designated ROW to avoid compaction

Parking areas, Haulage roads and construction yards.

Being implemented Just before commencement of construction

Included in Engineering cost

Project Requirement

Approach roads/haulage roads shall be designed along the barren and hard soil area to reduce the compaction

Being implemented

Transportation of quarry material to the dumping sites through heavy vehicles shall be done through existing major roads to the extent possible to restrict wear and tear to the village/minor roads

Being implemented

Land taken for construction camp and other temporary facility shall be restored to its original conditions.

Shall be implemented during demobilization

During demobilization of the construction camp

Contamination of soil due to leakage/ spillage of oil, bituminous and non bituminous debris

Construction vehicles and equipment will be maintained and refuelled in such a fashion that oil/diesel spillage does not contaminate the soil.

Fuelling station, construction sites, and construction

Partly implemented, improvement required

Just before commencement of construction


8





generated from demolition and road construction

Fuel storage and refuelling sites to be kept away from drainage channels.

camps and disposal location

Being Implemented

Unusable debris shall be dumped in ditches and low lying areas

Shall be implemented whenever required

Waste oil and oil soaked cotton/ cloth shall be stored in containers labelled ‘Waste Oil’ and ‘Hazardous’ sold off to MoEF/SPCB authorized vendors

Not Implemented

Non-bituminous wastes to be dumped in borrow pits with the concurrence of landowner and covered with a layer of topsoil conserved from opening the pit

Shall be implemented if possible with the consent of the land owner

Bituminous wastes will be disposed off in an identified dumping site approved by the State Pollution Control Board

If required, shall be implemented under the guidance of BSPCB

Soil quality monitoring Being implemented

19. Water Resources

Construction water

Contractor will arrange adequate supply and storage of water for the whole construction period at his own costs and submit a list of source/s to EA.

Throughout the project section



Clause No. 1010 EP Act 1986 MoSRTH Specifications for Road and Bridge works The contractor will source the

requirement of water preferentially from ground water but with prior permission from the concerned authority.

Being implemented

The contractor will take all precaution to minimize the wastage of water in the construction process/ operation.

Being implemented


9





Water intensive activities not to be undertaken during summer period (April, May June)

Being implemented

Alteration in surface water hydrology due to embankment

Existing drainage system to be maintained and further enhanced

Near all drainage channels, river crossings etc.



Design requirement, Clause No 501.8.6. MoSRTH Specifications for Road and Bridge

Provision of adequate size and number of cross drainage structures

Being implemented

Sections of the corridor to be raised suitably along flood prone areas with the cross drainage structures and adequate side drains to be built

Being implemented

Siltation in water bodies due to construction activities/earthwork

Bridge construction on non-perennial streams to be limited to the dry season

Near all river water bodies, embankment slopes.



Design requirement Clause No 501.8.6. MoSRTH Specifications for Road and Bridge works (CP and CP) and worldwide best practices

Embankment slopes to be modified suitably to restrict the soil debris entering water bodies.


Provision of Silt fencing shall be made at water bodies


Silt/sediment should be collected and stockpiled for possible reuse as surfacing of slopes where they have to be re-vegetated



Earthworks and stone works to be prevented from impeding natural flow of rivers, streams and water canals or existing drainage system.

Shall be Implemented

Construction stage


Deterioration in surface water quality due to leakage from vehicles and equipments.

No vehicles or equipment should be parked or refuelled near water-bodies, so as to avoid contamination from fuel and lubricants

Water bodies, refuelling stations, construction camps.



The Water (Prevention and Control of Pollution) Act, 1974 and amendments thereof.

Oil and grease traps and fuelling platforms to be provided at re-


Engineering cost,


10





fuelling locations Monitoring cost as indicated in EMoP

All chemicals and oil shall be stored away from water and concreted platform with catchment pit for spills collection



All equipment operators, drivers, and warehouse personnel will be trained in immediate response for spill containment and eventual cleanup. Readily available, simple to understand and preferably written in the local language emergency response procedure, including reporting, will be provided by the contractors



Construction camp to be sited away from water bodies

Implemented During the construction stage


Wastes must be collected, stored and taken to approve disposal site only.

Being implemented During the construction stage


Water quality shall be monitored periodically.

Being implemented – ground water quality was tested in the first week of July 2012. Surface water quality is yet to be analysed

During the construction stage


20. Flora and Fauna

Vegetation loss due to Suitable modifications in design to Throughout the Implemented Design and Engineering Forest Conservation Act


11





site preparation and construction activities and Plantation Strategy

minimize tree cutting project corridor

construction stage

cost, Monitoring cost as indicated in EMoP

1980, IRC SP: 21 and IRC SP:66

Roadside trees to be removed with prior approval of DFO


Compensatory plantation at 1:3 basis


Construction stage

Provision of LPG in construction camp as fuel source to avoid tree cutting.


Plantation of trees on both sides of the road. Integrate Vegetation Management (IVM) with the carriage way completely clear of vegetation. From the edge of the road to the boundary of ROW, vegetation structured with smaller plants near the line and larger trees further away to avoid costly clearing when the carriage way is expanded from 2L to 4L and provide habitats for a wide variety of plants and animals. Additional plantation near river banks to check erosion.


Construction stage

In the event of design changes during the construction stages additional assessments including the possibility to save trees shall be made by the EA.


Road side Plantation Strategy as per IRC specifications including manureing., Control use of pesticides/manure


Construction stage

Impact on fishing activity (production, spawning and breeding grounds)

Adequate waterways to be maintained

Near all water bodies and ponds especially in

Being implemented During construction stage

Part of Engineering Work

State Govt. Fisheries Department guidelines and best practices Siltation and water contamination

shall be preventing to reduce Being implemented


12





turbidity. river Punpun which is only perennial river

Restricting construction activity during the breeding period (Monsoon Period)

Being implemented

Plantation in the riparian area of the rivers, to reduce erosion

Shall be implemented if permitted

21. Construction Camps

Impact associated with location

All camps should maintain minimum distance from following: # 500 m from habitation # 1000m from forest areas # 500 m from water bodies # 500 m from through traffic route




Design Requirement

worker’s Health in construction camp

The location, layout and basic facility provision of each labour camp will be submitted PIU prior to their construction. The construction shall commence only after approval of PIU.




The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and The Water (Prevention and Control of Pollution) Act, 1974 and amendments thereof

The contractor will maintain necessary living accommodation and ancillary facilities in functional and hygienic manner as approved by the EA



Preventive medical care to be provided to workers.



Disposal of solid waste on regular basis at identified locations



The Contractor will take all precautions to protect the workers from insect and pest to reduce the risk to health. This includes the




13





use of insecticides which should comply with local regulations No alcoholic liquor or prohibited drugs will be imported to, sell, give, and barter to the workers of host community.



Provision of day crèche for children

Not required due to the availability of local labour

Construction stage


Recreation and sporting facilities for the staff and workers



Immunization to immigrant workers/local community against communicable and sexually transmitted diseases.


Construction stage


22. Management of Construction Waste/Dismantled Debris

Selection of Dumping Sites

Unproductive/wastelands shall be selected for dumping sites.

At all Dumping Sites


Construction stage


Design Requirement and MoSRTH guidelines

Away from residential areas and water bodies


Dumping sites have adequate capacity equal to the amount of debris generated.


Public perception and consent from the village Panchayats has to be obtained before finalizing the location

Shall be obtained , as and when required

All excavated materials from roadway, shoulders, verges, drains, cross drainage will be used for backfilling embankments, filling pits, and landscaping.


Construction stage


Unusable debris material should Shall be implanted , Construction Part of the


14





be suitably disposed off at pre-designated disposal locations, with approval of the concerned authority. The bituminous wastes shall be disposed in secure landfill sites only in environmentally accepted manner. For removal of debris, wastes and its disposal MoSRTH guidelines should be followed.

as and when required

stage contract

Unusable and surplus materials, as determined by the Project Engineer, will be removed and disposed off-site


Construction stage


23. Accessibility, Traffic Management, Accident and Safety Risks

Design requirement and Traffic Planning During Construction Stage

Provision of junctions at all major intersections.

Throughout the project corridor especially at intersections.

Implemented Design and Construction stage


Design requirement and IRC SP:55

Temporary traffic diversion shall be planned by the contractor and approved by the ‘Engineer’.

Being implemented

The traffic control plans shall contain details of diversions; traffic safety arrangements during construction; safety measures for night time traffic and precautions for transportation of hazardous materials. Traffic control plans shall be prepared in line with requirements of IRC’s SP 55 document

Being implemented

The Contractor will ensure that the diversion/detour is always maintained in running condition, particularly during the monsoon to avoid disruption to traffic flow.

Being implanted

On stretches where it is not Shall be


15





possible to pass the traffic on the part width of existing carriageway, temporary paved diversions will be constructed.

implemented

The contractor shall inform local community of changes to traffic routes, and pedestrian access arrangements with assistance from “Engineer

Being implemented

Use of adequate signage to ensure traffic management and safety. Conduct of regular safety audit on safety measures.

Being implemented

Pedestrians, animal and Vehicular movement

All measures for the safety of traffic during construction viz. signs, markings, flags, lights and flagmen as proposed in the Traffic Control Plan/Drawings shall be taken.

Near habitation on both sides level crossings, schools and hospitals, graveyards, construction sites, haulage roads, diversion sites



Design requirement and • IRC: SP: 27 -1984

Report Containing Recommendations of IRC Regional Workshops on Highway Safety

• IRC:SP: 32 -1988 Road Safety for Children (5-12 Years Old)

• IRC:SP: 44 -1994 Highway Safety Code

• IRC: SP: 55 -2001 Guidelines for Safety in Construction Zones

• The Building and other Construction workers Act 1996 and Cess Act of 1996

• Factories Act 1948

Temporary access and diversion, with proper drainage facilities.

Being implemented as and when required

Access facility to the schools located adjacent to the highway.


Provision of service roads, underpasses near built-up areas. Else the cross drainage structures at select locations in high embankment areas can be made suitable for crossing over facilities


Fencing wherever cattle movement is expected. To avoid the need for cattle underpasses, some of the proposed culverts `near habitations may be widened to facilitate cattle movement


Accident risk from construction activities

Contractors to adopt and maintain safe working practices.

Construction sites

Implemented During construction

Project preparation


16





Usage of fluorescent signage, in local language at the construction sites

Being implemented stage and construction cost

Training to workers on safety procedures and precautions

Implemented through toolbox meeting

Mandatory appoint of safety officer.

Appointed

All regulations regarding safe scaffolding, ladders, working platforms, gangway, stairwells, excavations, trenches and safe means of entry and egress shall be complied with.


Provision of PPEs to workers Partially implemented

Provision of a readily available first aid unit including an adequate supply of dressing materials, ambulance, nursing staff, and doctor to be provided.

Partially implemented

The contractor will not employ any person below the age of 14 years for any work and no woman will be employed on the work of painting with products containing lead in any form.

Implemented

Electrical Hazard No material will be so stacked or placed as to cause danger or inconvenience to any person or the public

Construction Site and Storage Areas


Construction stage

construction cost

The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and Cess Act of 1996 Factories Act 1948

All necessary fencing and lights will be provided to protect the public in construction zones

Being implemented, as and when required, further improvements are required



17





All machines to be used in the construction will conform to the relevant Indian Standards (IS) codes, will be free from patent defect, will be kept in good working order, will be regularly inspected and properly maintained as per IS provision and to the satisfaction of the ‘ Engineer’

Being implemented Project preparation and construction cost

24. Common Property Resources and other Utilities

Avoidance of CPRs Realignment nears all CPRs wherever it is technically feasible.

Near all sensitive Locations. Graveyards near Lakhna village.

Being implemented with the consent of the Client

During design and construction phase

Project requirement

Shifting of community properties

Geometric adjustment while finalizing the alignment to minimize the loss to any such facilities




Project requirement

Relocation of wells, hand pumps at suitable locations.



Project requirement

Utilities

All telephone and electrical poles/wires and underground cables should be shifted to avoid any such hazards



25. Enhancement Measures


18





Environmental enhancement along the corridor

Enhancement of Ponds, tree plantations near likely to be relocated community structures/ landscaping etc

Pond near Meernagar, community structures likely to be rehabilitated and landscaping sites

Not implemented so far

Design and Construction Stage

Environmental Enhancement as part of project requirement

Enhancement/rehabilitation of borrow areas etc

Shall be implemented as per the agreement with the land owner before closing the borrow area

Borrow areas enhancement is part of engineering Cost for others lump sump cost

26. Contractor Demobilization

Clean-up Operations, Restoration and Rehabilitation

Contractor will prepare site restoration plans, which will be approved by the ‘Engineer’. The clean-up and restoration operations are to be implemented by the contractor prior to demobilization.

Throughout the Corridor

Shall be implemented , once, construction is completed

Immediately after the completion of the construction

Included in the project cost

Project requirement

All construction zones including river-beds, culverts, road-side areas, camps, hot mix plant sites, crushers, batching plant sites and any other area used/affected by the project will be left clean and tidy, at the contractor's expense, to the entire satisfaction to the Environment officer .All the opened borrow areas will be rehabilitated .and ‘Engineer’ will certify in this regard.


Semi Annual Progress Report (January to August 2012) of Environmental Management Plan (EMP) Implementation & Compliance Bihar State Highway Project Improvement - Upgradation of Bihta – Naubatpur – Newa – Dumri – Beldarichak – Kansari – Daniyawan and Chandi- Noorsarai – Bhaganbigha – Rahui – Bind – Gopalband – Sarmera Road (SH-78), Length 100.40 Km –for Construction Supervision

19

1.6 Range of Non-compliance It is evident from Table 2-2 and Table 2-3 that the range of non-compliances with respect to the statutory requirements and the EMP implementation are nominal. However, there are area where improvements are required especially the health and safety.

2. EMP Training Provided No formal EMP training programme was organized during January – June 2012. However, time to time the Environment Specialist had explained EMP items and their monitoring to the EHS Office, Project Manager of Contractor and RE during his site visits. In past, a detailed EMP implementation training programme was organized on August 27, 2011.

3. AIDS and Health Awareness Camps in different Packages No AIDS or Health Awareness Camps was organized during January – June 2012. The latest camp was organised on March 25, 2011.

4. Monitoring of Environmental Receptors/Attributes The environmental pollution monitoring of air, noise and water parameters was conducted in the first week of July 2012 representing the second quarter, the test results are included as Annexure 1. The monitored results were well within standard limits prescribed by CPCB In the first quarter no environmental pollution monitoring were conducted.

4.1 Any other environmental aspects, impacts observed during implementation which were not covered earlier Though the mitigation measures suggested in the EMP are being implemented as part of the project, It has been observed during site visit on.

4.2 Details of grievances Redress Committees, Public Consultations conducted and complaints received from public and actions taken thereof to resolve Grievance Redress Committee (GRC) has been constituted. Meanwhile, a complaint register is being kept at the Construction Camps. So far, no complaints from public have been received regarding environmental issues relating to the construction activities.

5. Follow up actions • Checking of the progress in obtaining NOCs (Consents to operate) for Stone Crushers • Obtain license from district authority for storage of Petroleum class B • Renewed Pollution Under Control Certificates (PUCs)



20

• Secondary containment for the petroleum product storage and handlings • Obtain license to store compressed gas in cylinders under Rule 44, Gas Cylinders Rules,

2004. • Proper disposal of solid and hazardous wastes. • Personal Protective Equipment (PPE) and encourage workers to use these equipments. • Redevelopment/closure plan for borrows area in compliance with the terms and condition

agreed with land owners. Post monsoon inspection of borrow area with respect to rehabilitation

6. Conclusions

• The overall EMP compliance at the construction camps were satisfactory and require regular attention.

• The renewable of consent to operate required for HMP and DG Set were completed; the renewed consent is valid till January 31, 2011.

• Issues relating to the solid and Hazardous waste disposal are yet to be addressed by the contractor.

• The contractor has appointed an Environmental, Health and Safety Officer

• The environmental pollution monitoring was conducted in the second quarter, the monitoring results indicates that the air, water and noise quality were within the compliance levels.

7. Recommendations for a better compliance to EMP Implementation

Subject to the extent of environmental non-compliance, strict actions are required for the better implementation of EMP. The work must be stopped in case of regulatory and safety non-compliances.



21

Semi Annual R&R Report

1.Introduction

The Bihar State Road Development Corporation BSRDC, Government of Bihar is presently implementing Bihar State Highway-II project under Asian Development Bank assistance to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. The subproject road section (SH-78) falling under Bihar State Highways II Project has been distinctively divided into 2 segments separated by NH 30A. The first segment i.e. Bihta– Daniyawan section falls in Patna District and the other section i.e. Chandi - Sarmera is under Nalanda District. The first segment takes off at Bihta with Junction of NH-30 and ends at Daniawan with junction of NH-30A totaling 47.500 km. The other section starts from NH30A about 20km away from the end point of the first section and terminates at Sarmera; the junction with NH-82 traversing a distance of 47.500km. Thus, the total length of the subproject section is 95.000 km.

2.The Purpose and Nature of the Resettlement Activities

As per ADB’s safeguard Policy Statement and OM Section F-1/OP issued on January 2010, the involuntary resettlement impacts of an ADB supported project are consider significant if 200 or more persons will experience major impact, which are defined as (i) being physically displaced from housing or(ii) losing 10% or more of their productive assets(income generating).Involuntary resettlement impacts of this project is significant therefore a full RP is formulated and a experienced NGO has been engaged to implement the RP.

The basic outputs expected from R&R activities are that the PAPs will be better off or equal to the pre-project situation in terms of:

- Land - Housing - Business Opportunities - Access to amenities - Access to common Property Resources - Access to Other services

Keeping the above mentioned view the resettlement activities for this project comprise: (1)Assessment of the baseline situation before project through Census and socio-

economic surveys and consultation (2) Appointment of NGO for implementation (3) Establish Co-ordination and Grievance Redress Committee (4) Involvement and participations of PAPs (5) Group discussion (5) Collaboration with line departments for taking advantage of existing poverty alleviation schemes



22

(6) Training of R&R implementing agencies and departments (7) Identification of relocation sites (8) Identification of business sites (9) Infrastructure development at new resettlement sites (10) Compensation and R&R assistance (11) Implementation of R&R package (12) Monitoring and evaluation

3.2.Finalization of Project affected persons list

Finalization of Affected persons list has been completed 39 villages out of 49 affected villages of Bihta- Daniyawan section and 37 villages out of 39 villages in Chandi- Sarmera section.

3.3. Micro Plan of Affected villages

Microplans for Title Holder for the 39 villages out of 49 affected villages of Bihta-Daniyawan section has been submitted and EA has approved Microplan for 28 village out of 39. Balance microplans for 10 villages will be submitted in the next month as agreed by NGO. In Chandi-Sarmera section micro plan for 37 villages has been submitted by the NGO out of which EA has approved 33. Balance microplans for 2 villages of Chandi-Sarmera section will be submitted on in the next months agreed by NGO.

3.4. Distribution of ID cards and Assistance

Distribution of ID cards to titleholder has been completed in 53 village\Chadars (32ChadersinChandi-Sarmera section and 21 in Bihta-Daniyawan section) and distribution of assistance for Title Holder as per approved Microplan has been completed/ progress in 53 villages/ Chaders. Distribution of Compensation for land is under progress.

3.5.Common Property Resources:

Timely identification and relocation of common property resources through public consultation is important as public sentiments are attached to these resources. Due to sensitivity of these resources, it may be time-consuming too. The NGO has identified the 54 Nos of CPRs excluding water resources. There are 59 nos of water resources to be relocated. Description of water resources given in Table No.7. However, in original contract/DPR only 5 Nos of Temple are to be relocated. Now the employer has requested CSC to prepare plan design estimate for all the CPR which are not mentioned in original contract documents. CSC has already provided design and estimate of five following temples.

(1)Hanuman Mandir in Samsara village

(2) MahavirMandir in Karnpur village

(3)KaliMandir in Lakhana village

(4) Hanuman Mandir in Nanaura village

(5) Shiv Mandir in Malawan village

As the rest the temples are small in size may be dealt separately for relocation. .



23

13 nos. of government school and building may need to be shifted off from ROW.CSC has already instructed to contractor to relocate 6 nos. of school in Chandi-Sarmera section. Design and drawings of rest of the school are under preparation and would be submitted in due course. List of common property resources given in table no. 5, 6 and 7.

Table.6 List of Common Property Resources Identified (Govt. property)

Section I


Section II

(Chandi to Sarmera) Total

Total 20 13 33

Site Identified 15 10 25

Relocated 0 0 0

Table 7 List of Common Property Resources Identified (Religious Structure)

Section I


Section II


Total 7 14 21


Relocated 0 0 0

Table 8 List of Common Property Resources Identified (Water Resources)



24

Section I


Section II


Total 32 (27 hand pump and 5

well) 27 (24 hand pumps and 3

well ) 59


Relocated 0 0 0

All CPRs are identified and relocation site for CPRs is also identified and relocation of CPR is on progress. Relocation of Shiv Mandir of Mallawan is started in the month of June 2012.Relocation of Govt. School and Mahavir Mandir in Karnpura village is saved by slightly changing in the centerline.

3.6 Disbursement of Compensation and Other Assistance:

An Entitlement Matrix has been formulated based on which compensation and assistance to APs will be finalized. The details of the entitlement matrix are follows:

Table 9: Entitlement Matrix

Sl. No Type of Loss Unit of Entitlement

Entitlement Details

A. LOSS OF LAND

1 Loss of Agricultural Land

• Titleholder • DPs with customary land right • Compensation at replacement cost • Special provision for vulnerable group • Cash compensation at replacement cost as determined

according to BLARRP-2007 or replacement of land if available.



25


Entitlement Details

• If the residual plot(s) is (are) not viable, i.e., the DP • becomes a marginal farmer1 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, 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.

• 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

a) Cash compensation at 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.

Sl No Type of Loss Unit of Entitlement

Entitlement Details

B. LOSS OF STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER)

1Marginal farmers are those who own less land than the district minimum land holding.



26


Entitlement Details

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.10,000/-2

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.

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

4 Loss of rental accommodation

2As required by NRRP 2007



27


Entitlement Details

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 from demolished structure and frontage etc. erected by tenants.

C. LOSS OF STRUCTURE BY NON-TITLED HOLDER

5 Loss of structure (immovable assets constructed by squatters and encroachers)

Squatters3 having structure

a) No compensation for land

b) Compensation for structures

c) Shifting assistance

a) 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.10,000/-4

d) Right to salvage material from the demolished structure

Encroachers5 having structures

a) No compensation for land

b) Compensation for structures

to only vulnerable

3Landless person 4As required by NRRP 2007 5Legitimate land holder but encroaching his movable or immovable assets on Government land



28

Sl No

Type of Loss Unit of

Entitlement Entitlement Details

D. 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. 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.

7 Loss of crops

E. LOSS OF MARKET PLACE STRUCTURE BY TITLED HOLDER AND NON-TITLED HOLDER



29

Sl No



8 Impact on market place/ area on a minimum of 25 shops/ businesses

Titleholder6 (Owner) losing commercial enterprise in the

market Value.

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

f)Project assisted relocation option will be provided to those g)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.

h)Shifting assistance of Rs.10,000/-7 i)Right to salvage material from demolished structure at no cost. Non-titleholder8(tenants, leaseholders or squatters) losing commercial enterprise in the market


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

6In 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 as applicable and provided for in the Entitlement Matrix. 7As required by NRRP 2007. 8In 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.



30

Sl No



area 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.

c) Shifting assistance of Rs.10,000/-9

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

F. LOSS OF LIVELIHOOD

9 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.9,000/-10

Titleholders losing income through agriculture

Rehabilitation Assistance

a) Training Assistance will be provided for income generating vocational training and skill up-gradation 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


a)Training would be provided

for up-gradation of skills @

Rs.4000/- per family to the

DPs

9 As required by NRRP 2007 10This rate has been fixed based on the estimates of average income for a period of three months.



31

Sl No



income b)Employment opportunity

for DPs in the road

construction work, if

available and if s0 desired

by 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


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.


DPs in the road

construction work, if

available and if so desired by them, or

c)National/State level job card


Employment Guarantee

Program.

Agricultural laborer/sharecropper


a)Assistance is to be paid as

per the prevailing local

wage rates for 200 days.



32

Sl No




DPs in the road construction

work,

if available and if so desired

by them, or

c) National/State level job card


Employment

Guarantee Program.

Licensed mobile vendors and kiosk operators


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/-.

G. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES

10 Loss of Common Property

Community Reconstruction / Cash

a) Cash compensation at



33

Sl No



Resources Compensation at replacement cost

replacement cost or

reconstruction of the

community structure in

consultation with the

affected community.

H. 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).

I. OTHER UNANTICIPATED IMPACTS

12 Temporary impact during construction like disruption of normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site

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

b)All temporary use of lands

outside proposed

RoW to be through written

approval of the landowner and contractor.

c)Location of Construction



34

Sl No



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.

3.7Status of Disbursement of Assistance to Non Title Holder

The NGO has prepared the list of non-title holders after due consultation with the community There are 61 no. of Non titleholder present in this package in which 5 No of Non Title holder located in section-II and 56No of Non-Title holder is in Section I. Microplan for all Non-Title Holder has been prepared and approved by client

Table 10: List of Non-Title Holders Identified

Sl. No. Item Section I

Bihta-Daniyawan

Section II

Chandi-Sermera

Total Remarks

a Squatter 31 3 34

b Kiosks 25 2 27

c Encroacher 0 0 0

d Distribution of assistance

1086200 125721 1211921 167842 is yet to be distributed

Based on the above-mentioned entitlement framework and ADB Safeguard Requirement 2009 (Involuntary Resettlement), the NGO has estimated the R&R compensation and assistance cost for the non-title holders and has submitted the list to the EA. Distribution of ID card and compensation and assistance of all NTH families has been completed.

3.8Community Participation and Consultation Public consultation with DPs and villagers have been launched in the villages at every stages to ensure



35

people participation in the implementing phase of the project for fruitful solutions of development problems such as local needs and problem and prospects of resettlement Public consultation is a continuous process and needs to be ensured at every stage of the project. It is particularly important to have community participation and consultation during Verification survey; Shifting of non-title holders; Identification and relocation of CPRs; Awareness generation for control of highway related diseases; Highway/Road safety aspects; Agreement over replacement value of structure and land; Identification of APs eligible for training and assessment of training needs; Identification and finalization of trades for training; Identification of master trainer and assessment of trainer and formation of self-help groups/CBOs etc.

3.9 Formation of village Level Committee

Public consultation with Project Affected Persons and villagers has been organized in the villages for formation of Village Level Committee for efficient grievance redressal mechanism that will assist the affected persons in resolving their queries and complaints. Total 67 VLCs are formed. R&R expert have already instructed to NGO to provide details of members of village level committee. 3.10 Income Restoration and Rehabilitation Identification of target groups for income restoration activities is an important aspect of R&R implementation. Commercial squatters have been identified and assistance amount required for their skill up-gradation have been estimated. Similarly, vulnerable groups have been identified and special assistance for them has been estimated. NGO is providing assistance such as credit facilities, training and employment opportunities so that they can improve or at least restore their income-earning capacity, production levels and standard of living to pre displacement levels. Training programme for employment opportunities has been completed in 32 villages out of 88 villages.

3.11 Formation of Grievance Redress committee Formation of Grievance Redressal Committee (GRC) is most important for grievance redressal and it is anticipated that most, if not all grievance, would be settled by the GRC. GRC has been formed in both districts and working properly. District collector of district Patna and Nalanda has been nominated addl. Collector of district Patna and Nalanda as the Head of GRC in both districts. In the GRC, representative of PIU, NGO, Affected Persons and concerned revenue circle are as member

3.12Addressing Other Social Issues: 3.12.1 Child Labour: An action plan needs to be prepared address the issue of child labour. So far no case of child labour is found in the construction area during the visit of R&R expert.

3.12.2 HIV/AIDS: Sexual diseases are often found to spread rapidly along the road and highway corridors. On the other hand, tuberculosis and other like diseases are also found to spread through physical contacts along with STD and AIDS. Seeing the gravity of the spread of all these diseases proper measures are required to be taken to create awareness about their severity and to control such spread of diseases. Only three awareness camps are organized by the NGO with help of State AIDS control society.



36

3.12.3 Highways/Road Safety: The NGO with the help of contractor needs to collect information on accidents from the local police and also need to distribute IEC materials to the community on how to prevent accidents.

4.0.Compliances of ADB Involuntary Resettlement Safeguard Policy (2009)

Sl. No.

Safeguard Policy Compliance

1 Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks

Resettlement framework has been formulated based onLAA-1894,NRPP-2007, BLARRP-2007 and census and socio-economic survey of project affected person. List of project affected persons continuously revised after verification survey. Verification survey have been completed in 67 village out of 88 affected villages

2 Carryout out meaningful consultation with affected persons, host communities and concerned NGOs. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement program

Public consultations with project affected persons have been organized in the villages for formation Village Level Committee for efficient grievance redressal mechanism. Total 67 VLCs are formed so far.

3 Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children and those without legal title of land and ensure their participation in consultation

As per NPRR-2007 and ADB policy extra assistance (Rs.10000/- per family) has been provided for vulnerable groups. Compensation as per approved RP and Micro plan distribution of compensation for all NTH has been completed

4 Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons

Grievance Redressal Committee has been formed in both districts and working properly. District collector of district Patna and Nalanda has nominated addl.



37

Collector of district Patna and Nalanda as the head of GRC in both districts., Representative of PIU, NGO, Affected Persons and concerned revenue circle are nominated as a member of GRC.

5 Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase

In progress

6 Improve, or at least restore, the livelihoods of all displaced persons through………………

6.1 Land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihood

Cash compensation of land has been provided

6.2 Prompt replacement of assets with access to assets of equal or higher value

In progress

6.3 Prompt compensation at full replacement cost for assets that can not be restored

In progress

6.4 Additional revenues and services through benefits sharing schemes where possible

NA

7 Provided physically and economically displaced persons with needed assistance including the following

7.1 If , there is relocation, secured tenure to relocation land, better housing to relocation sites with comparable access to employment and production opportunities ,integration of resettled persons economically and socially into their host communities, and extension of project benefits

Not implemented so far because all affected person opted for self relocation in public consultation meeting conducted by NGO.



38

to host communities

7.2 Transitional support and development assistance such as land development, credit facilities, training or employment opportunities

Training programme for employment opportunities has been completed in 32 villages

7.3 Civic infrastructure and community services Yet to be implemented

8 Improve the standards of living of the displaced poor and other vulnerable groups including women, to at least national minimum standard. In rural area provide them with legal and affordable access to land and resources and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing

Provision of one time lump sum assistance of Rs. 10000/- for Vulnerable household and this will be paid above and over the other assistance

9 Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status

Yet to be implemented

10 Ensure that displaced person without titles to land or any recognizable legal right to land are eligible for resettlement assistance and compensation for loss of non-land assets

Compensation and assistance based on approved RP plan has been distributed

11 Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule

Resettlement plan has been already prepared and approved by ADB

12 Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and languages understandable to affected persons and other

Revised RP is posted on website of BSRDC.ADB However, NGO has agreed to submit Micro plan of each village to concerned village panchayat. Entitlement Matrix has been distributed among the



39

stakeholders. Disclose the final resettlement plan and its updated to affected persons and other stake holders

affected persons

13 Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation

Compensation and other resettlement entitlement provided according to the approved RP plans

14

Monitor and assess resettlements outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports

In progress

15 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s cost and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand alone operation

Implemented

5.0 Monitoring Framework and Progress (June 2012)

Sl. No. R&R Activities Progress Remarks

1. Assessment of resettlement impacts due to changes in project design, if relevant

Widening of roads will help enhancing economic conditions of the people. The APs will also benefit by accessing to better health and education and be able to market their agricultural products better

The roads pass through many villages and market areas. As most of the roads will be new alignment, a large chunk of private land needs to be acquired. This would require very



40


careful implementation of R&R activities.

2. Preparation/updating of resettlement plan based on changes in project design

it has undergone some changes due to change in alignments.

Detailed survey is under way based on the revised alignments

3. Approval of updated Resettlement Plan (RP) from ADB

New RP is approved

4. Appointment and mobilization NGO Completed

5. Disclosure of updated Resettlement Plan Finalized RP will be translated to local language and to be distributed at the village level

Needs to be widely disseminated, especially among the vulnerable groups

6. Establishment of Grievance Redress Committee

Established.

7. Capacity building of EA PIUs/NGOs have been provided training on social safeguards by the supervision consultant (R&R Expert). Annual training calendar has to be prepared by the PMU to provide training on R&R implementation to the concerned staff of PIU, NGO and Contractor

8. Verification of APs census list, assessment on compensation and assistance, and readjustment

In progress Finalization of APs list in 67 villages has been completed so far

9. Land acquisition In progress 62.865 km has been acquired so far out of 95.500 km

10. Payment of compensation as per replacement value of land and assets to APs

Process of valuation of structures as per replacement value of land and other assets



41


is in progress

11. Disbursement of assistance to title holders

In progress

12. Disbursement of assistance to non-title holders

List has been finalized Disbursement of assistance has been completed

13. Disbursement of special assistance to Vulnerable groups

In progress Special assistance has been provided as per approved Microplan

14. Number of vocational training provided to APs

In progress

15. Linking APs to available development schemes

In progress

16. Planning for Resettlement sites as per RP

17. Shifting APs to Resettlement sites as per RP

Yet to be finalized All APs opted for self relocation

18. Replacement/shifting of community property resources

Identification of CPR has been finalized and relocation is on progress

19. Reinstallation of public utilities In progress

20. Preparation/updating of Indigenous Peoples Development Plan based on changes in project design

Not required

21. Approval of updated Indigenous Peoples Development Plan from ADB

NA

22. Tribally significant places, if any, are undisturbed by subproject

NA

23. Special tribally distinctive ways of livelihood (e.g., gathering forest products)

NA



42


are not adversely affected

24. Tribal communities, if any, receive proportionate subproject benefits and compensation

NA

25. Consultations and disclosure are carried out in tribal languages and in culturally appropriate ways, if relevant

NA

6.0 Problems in Implementation of RP

Slow Land Acquisition Process- Reasons for delay in land acquisition are follows:-

(1) Land Acquisition process is slow. However, the Employer is making possible action for 100% site clearance during this monsoon.

(2) Bakast Land: there are many plots in about all affected villages which have not been notified by the LA authorities in Sec 4/6 of LA act in this project, these plots are bakast land i.e. the land owner have no right/entitle on these land. Now LA authorities are in process of fresh acquisition for these type of plots. This will cause accountable delay in project works.

(3) Very poor Land Records: Revenue records are very old and not updated which causing delay in distribution of compensation to Land owners.

7.0 Recommendation

(1) More Coordination needs among Land Acquisition Department, concerned circle office and BSRDCL for timely land acquisition and compensation distribution.

(2) Land compensation for Bakast Land needs to distribute as early as possible, other acquisition method like Direct purchase may help to expedite the issue.

(3) Special care shall be taken for project affected vulnerable group for compensation and assistance as per approved micro plan, so that they can able to improve their living standard.



43

(4) Land compensation distribution camp will be established in villages Sikandarpur and Nadpur to distributed land compensation

(5) Valuation of private structure needs be conducted by the competent authority so that compensation of affected structure will be distributed as early as possible

Photographs

Public Consultation Meeting BY Mr. Vijay ShankarGM, Mr. Amir Hasan GM, Mr. S.M. Singh DGM in Village Mustafapur

Assistance Distribution in village sonsa by NGO and RO.

Awareness Camp organized



44



45

CONTENTS Sl. No. Chapter Page

1 Summary of R&R Activities 4-5

2 Introduction 6-7

3 Progress of RP Implementation 7-11

3.2 Finalization of Project affected persons list 12

3.3 Micro Plan of Affected villages 12

3.4 Distribution of ID cards and Assistance 12

3.5 Common Property Resources 12-13

3.6 Disbursement of compensation and other assistances 14-20

3.7 Status of Disbursement of assistance of Non-Title Holder 20-21

3.8 Community Participation and Consultation 21

3.9 Formation of village level committee 21

3.10 Income Restoration and Rehabilitation 21-22

3.11 Formation of Grievance Redress Committee 22

3.12 Addressing other social issues 22

4.0 Compliances of ADB involuntary Resettlement Safeguard Policy (2009) 22-25

5.0 Monitoring Framework and Progress (August – 2012) 25-27

6.0 Problem in implementation of RP 28

7.0 Recommendation 28

Photograph 29-30



46

LIST OF TABLES

Sl. No. Item Page No

1. Land descriptions on August. 2012 (Jan.2012 to August 2012) 7

2. Bihta to Daniyawan and Chandi to Sarmera 8

3. Km wise land acquisition status 9

4. Status of Land Acquisition Process as on August 2012 10

5. Status of land handed to contractor 11

6. List of Common Property Resources Identified (Govt. property) 13

7. List of Common Property Resources Identified (Religious Structure) 13

8. List of Common Property Resources Identified (Water Resources) 13

9. Entitlement Matrix 14

10. List of Non-Title Holders Identified 21



47

Summary of R&R Activities

SN

R&R activities

Total Task

Achieveme

nt

% of Achieve

ment

Remarks

1 Land Acquisition

95.000 Km

62.885 66% Land Acquisition is very sensitive and time consuming process

2 Total Affected villages

88/102 villages/ Chader

Micro-plan of

83 Chader

has been complete

d

3 Finalization of Dps list

8233 Approx

7933 96% Finalization of DPs list has been completed in 83 villages. Revised microplan is under preparation and it may increased affected persons.

4 ID card of DPs

88 (Villages

)

61 (Villag

es)

69% ID cards has been distributed in 61 villages

5 Micro-plan preparation

88/102 (Villages

/ chader)

83 Chade

r

81% 83 microplan has been approved from H.Q

6 Formation of DPs

committee

88 (Villages

)

67 (Villag

es)

76% No formation of DPs committee where no. of DPs is less than 10 nos.

7 Compensation payment

95.000 Km

39.06 Km

41% Compensation payment is in progress.

8 Training 4868 Nos.

Approx.

2136 Nos.

43%

9 Assistance distribution

1195 785 66%

10 Relocation/Shifting

129 structure

0 0 Identification of Private structure has been completed. Valuation of structure is on progress



48

SN

R&R activities

Total Task

Achieveme

nt

% of Achieve

ment

Remarks

11 CPR Relocation

35 Nos. There are 35 nos. CPRs are going to be impacted by the project and need to be relocated/shifted from the present location. Consultant has already provided the drawing and estimate of four major Temple i.e. Hanuman Mandir in Samsara village, Kali Mandir in Lakhana Village, Hanuman Mandir in Nanaura village and Shiv Mandir in Malawan villages and the rest the temples are small in size may be dealt separately for relocation. As per government school is concerned consultant has already instructed to contractor to relocate 6 nos. of school in Chandi-Sarmera section on the place provided by client within three months. CPR relocation is very sensitive issue and needs to more consultation before relocation. Only construction of Shiv Mandir in village Malawan is on progress.

12 Tree cutting permission

Client has already obtained tree cutting permission from concerned authority in private land for both stretches. Consultant has instructed to contractor to remove trees from ROW with help of District Forest Department with prior information to PIU (Biharsharif). However, tree cutting permission for Protected Forest yet to be obtained from forest department. The Engineer of CSC proposed for re-alignment of centerline at Km 22 of Chandi-sermera stretch in order to avert tree cutting and at km 8 of the same stretch, the employer is need to acquire land to avert cutting of trees in this stretch.



49

2.Introduction

The Bihar State Road Development Corporation BSRDC, Government of Bihar is presently implementing Bihar State Highway-II project under Asian Development Bank assistance to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state.The subproject road section (SH-78) falling under Bihar State Highways II Project has been distinctively divided into 2 segments separated by NH 30A. The first segment i.e. Bihta– Daniyawan section falls in Patna District and the other section i.e. Chandi - Sarmera is under Nalanda District. The first segment takes off at Bihta with Junction of NH-30 and ends at Daniawan with junction of NH-30A totaling 47.500 km. The other section starts from NH30A about 20km away from the end point of the first section and terminates at Sarmera; the junction with NH-82 traversing a distance of 47.500km. Thus, the total length of the subproject section is 95.000 km. The Purpose and Nature of the Resettlement Activities

As per ADB’s safeguard Policy Statement and OM Section F-1/OP issued on January 2010, the involuntary resettlement impacts of an ADB supported project are consider significant if 200 or more persons will experience major impact, which are defined as (i) being physically displaced from housing or(ii) losing 10% or more of their productive assets(income generating).Involuntary resettlement impacts of this project is significant therefore a full RP is formulated and a experienced NGO has been engaged to implement the RP.

The basic outputs expected from R&R activities are that the PAPs will be better off or equal to the pre-project situation in terms of:

- Land - Housing - Business Opportunities - Access to amenities - Access to common Property Resources - Access to Other services

Keeping the above mentioned view the resettlement activities for this project comprise: (2)Assessment of the baseline situation before project through Census and socio-

economic surveys and consultation (2) Appointment of NGO for implementation (3) Establish Co-ordination and Grievance Redress Committee (4) Involvement and participations of PAPs (5) Group discussion (5) Collaboration with line departments for taking advantage of existing poverty alleviation schemes (6) Training of R&R implementing agencies and departments (7) Identification of relocation sites (8) Identification of business sites



50

(9) Infrastructure development at new resettlement sites (10) Compensation and R&R assistance (11) Implementation of R&R package (12) Monitoring and evaluation

4. Progress of RP Implementation:

3.1 Land Acquisition: As the project is mainly based on new alignment, it affects a large chunk of private land. According to the revised Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, about 1401.4421 acres of land is estimated to be acquired for the sub-project. Valuation of structure and other assets of Title Holder are on under progress. Status of land description based on new Land acquisition plan as on August 2012 is shown in Table No.1

Table No.1

Land descriptions on August. 2012 (Jan.2012 to August 2012)

Sl.

No

Item/Package Section I

Bihta-Daniyawan

Section II

Chandi-Sarmera

Total Remarks

a Chainages (Km) 4.600 to 52.100 Km

0.300 to 47.800 95.000 According to new LAP

b Total Km 47.500 47.500 95.000 ,,

c No. of villages/ chader

49/59` 39/43 88/102 ,,

d Total Land (Acre) 721.2691 680.173 1401.4421 ,,

e Public land (Acre) 135.277 187.236 322.513 ,,

f Private Land(Acre) 585.9921 492.937 1078.9291 ,,

Note- Above details based on New Land Acquisition Plan



51

The progress of section-wise land acquisition from January 2012 to August 2012is as

follows:

Table 2

Bihta to Daniyawan and Chandi to Sarmera

1 Section Bihta-Daniyawan

Chandi-Sarmera Total

2 Total Nos. of Chadar /(No. of Villages) 59/(49) 43/(39) 102/(88)

3 Nos. of Requisition Submitted (Chadar) 59 43 102

4 Process of LA Suspended (Chadar) 0 0 0

5 Process of LA on Going (Chadar) 59 43 102

6 No. of Chadar in which Section 4/6 Approved 52 43 95

7 No. of Chadar in which Section 7/17 Approved 46 41 87

8 No. of Chadar in which Section 9 is issued 44 39 83

9 No. of Chadar in which land has been handed over to the Civil Contractor 38 35 73

10 Proposal Lying with (Section 4/6)

D.L.A. Office 3 0 3

Commissioner L.A. Office 4 0 4

Director L.A. Office 0 0 0


D.L.A. Office 6 0 6

Commissioner L.A. Office 0 1 1

Director L.A. Office 0 1 1



52

Table 3

Km wise land acquisition status

PARTICULARS PATNA DIST.

(Length in Km.)

NALANDA DIST.

(Length in Km.)

TOTAL LENGTH

(Length in Km.)

Land handed over to contractor 28.610 34.255 62.865

Compensation distribution under progress after completion of section 9

0.000 7.030 7.030

Notice of section 9 to be issued after completion of section 7/17 by DLAO Office.

4.560 5.245 9.805

Section 7/17 in progress (In Pipe Line) 3.000 0.970 3.970

Section 7/17 to be initiated after completion of section 4/6 (in DLAO Office)

3.600 0.000 3.600

Section 4/6 under progress (In Pipe Line) 3.950 0.000 3.950

Section 4/6 in DLA Office 3.780 0.000 3.780

TOTAL 47.500 47.500 95.000



53

Table 4

Status of Land Acquisition Process as on August 2012

1 District/Section District - Patna

Section -I Bihta - Daniyawan

District - Nalanda

Section - II Chandi - Sarmera

2 No. of State Highway SH-78 3 Name of State Highway Bihta - Sarmera

4 L.A Required in Acres/No. of Chader LA Required -

721.2691 Acres. No. of Chadar -

59

LA Required - 680.173 Acres. No. of Chadar -

43 5 Process of L.A on going (Chader) 59 43

6 Status Till date

No. of Requisition Submitted to DLAO

For Sec. 4/6 59 43

For sec. 7/17 52 43

Approved/ Completed

For Sec. 4/6 52 43 For sec. 7/17 46 41

Balance For Sec. 4/6 7 0

For sec. 7/17 13 2

7 Presents Status of

LA activities

Status of 4/6

With DLAO 3 0 With DM 0 0

With Commissioner 4 0

With Director LA 0 0

Total 7 0

Status of 7/17

With DLAO 6 0 With DM 0 0

With Commissioner 0 1

With Director LA 0 1

Total 6 2 Status of Compensation of

Payment Under Progress Under Progress



54

Table 5

Status of land handed to contractor

1 Section Bihta - Sarmera Road, SH-78

2 L.A required in Acres/Total Nos. of Chadar

LA Required - 1401.4421 Acres.

Total No. of Chadar -

102

3 Nos. of Requisition Submitted (Chadar) 102


D.L.A. Office 3 Commissioner L.A. Office 4

Director L.A. Office 0

Total 7


D.L.A. Office 6 Commissioner L.A. Office 1

Director L.A. Office 1

Total 8 6 Status of Section 9 83 issued

7 Status of Section 11/12 73 Mauja handed over to Contractor

8 Remarks Balance land to be

handed over by Dec., 12



55

4.2.Finalization of Project affected persons list Finalization of Affected persons list has been completed 46 villages/chader out of 49 /59affected villages of Bihta- Daniyawan section and 37 villages/chader out of 39/43 villages in Chandi- Sarmera section.

3.3. Micro Plan of Affected villages Microplans for Title Holder for the 46 villages/chader out of 49/59 affected villages/chader of Bihta-Daniyawan section has been submitted and EA has approved all Microplan. Balance microplans for 10 villages will be submitted in the next month as agreed by NGO. In Chandi-Sarmera section micro plan for 37 villages has been submitted by the NGO out of which EA has approved 33. Balance microplans for 2 villages of Chandi-Sarmera section will be submitted on in the next months agreed by NGO.

3.4. Distribution of ID cards and Assistance Distribution of ID cards to titleholder has been completed in 61 village\Chadars (32 Chaders in Chandi-Sarmera section and 29 in Bihta-Daniyawan section) and distribution of assistance for Title Holder as per approved Microplan has been completed/ progress in 53 villages/ Chaders. Distribution of Compensation for land is under progress.

3.5.Common Property Resources: Timely identification and relocation of common property resources through public consultation is important as public sentiments are attached to these resources. Due to sensitivity of these resources, it may be time-consuming too. The NGO has identified the 54 Nos. of CPRs excluding water resources. There are 59 nos. of water resources to be relocated. Description of water resources given in Table No.7. However, in original contract/DPR only 5 Nos. of Temple are to be relocated. Now the employer has requested CSC to prepare plan design estimate for all the CPR which are not mentioned in original contract documents. CSC has already provided design and estimate of five following temples. (1)Hanuman Mandir in Samsara village (2) MahavirMandir in Karnpur village (3)KaliMandir in Lakhana village (4) Hanuman Mandir in Nanaura village (5) Shiv Mandir in Malawan village As the rest the temples are small in size may be dealt separately for relocation. . 13 nos. of government school and building may need to be shifted off from ROW. CSC has already instructed to contractor to relocate 6 nos. of school in Chandi-Sarmera section. Design and drawings of rest of the school are under preparation and would be submitted in due course.



56

Table 6

List of Common Property Resources Identified (Govt. property)

Section I (Bihta to

Daniyawan)

Section II (Chandi to Sarmera)

Total Remarks

Total 20 13 33 Some CPRs will be saved by the change of centre line.

Site Identified 15 10 25 Relocated 0 0 0

Table 7

List of Common Property Resources Identified (Religious Structure)

Section I (Bihta to

Daniyawan)

Section II (Chandi to Sarmera)

Total Remarks

Total 7 14 21 Some CPRs will be saved by the change of centre line.


Table 8

List of Common Property Resources Identified (Water Resources)

Section I (Bihta to Daniyawan)

Section II (Chandi to Sarmera) Total

Total 32 (27 hand pump and 5 well)

27 (24 hand pumps and 3 well ) 59


All CPRs are identified and relocation site for CPRs is also identified but relocation of CPR is on progress. Relocation of Shiv Mandir of Mallawan is started in the month of August 2012.Relocation of Govt. School and Mahavir Mandir in Karnpura village is saved by slightly changing in the centerline.



57

3.6 Disbursement of Compensation and Other Assistance: An Entitlement Matrix has been formulated based on which compensation and assistance to APs will be finalized. The details of the entitlement matrix are follows:

Table 9

Entitlement Matrix

Sl. No. Type of Loss

Unit of Entitlement

Entitlement Details

A. LOSS OF LAND 1 Loss of

Agricultural Land

• Titleholder • DPs with customary land right • Compensation at replacement cost • Special provision for vulnerable group • Cash compensation at replacement cost as determined

according to BLARRP-2007 or replacement of land if available

• If the residual plot(s) is (are) not viable, i.e., the DP • becomes a marginal farmer11 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, 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.

• 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.

11Marginal farmers are those who own less land than the district minimum land holding.



58


Entitlement

Details

2 Loss of homestead / commercial

land

a) Titleholder b) DPs with customary land rights

a) Compensation at replacement cost

a) Cash compensation at 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.

B. LOSS OF STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER)

3 Loss of residential/ commercial structures

Title holder j) DPs having structure with customary land right k) Compensation at replacement cost l) Shifting assistance m) Compensation of structure will be paid at the replacement

cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation.

n) Shifting assistance of Rs.10,000/-12 o) Right to salvage material from demolished structure and

frontage etc. p) Rental assistance as per the prevalent rate in the form of grant

to cover maximum three month rentals. Tenants a) Rental assistance. b) Compensation at replacement cost. c) Shifting assistance d) Rental assistance for both residential & commercial tenants

as per the prevalent rate in the form of grant to cover maximum three month rentals.

e) Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount.

f) Shifting assistance based on type of house and household assets.

g) Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on

4 Loss of rental accommodation

12As required by NRRP 2007



59


Entitlement

Details

submission of documentary evidences. h) Right to salvage material from demolished structure and

frontage etc. erected by tenants. C. LOSS OF STRUCTURE BY NON-TITLED HOLDER

5 Loss of structure (immovable assets constructed by squatters and encroachers)

Squatters13 having structure a) No compensation for land b) Compensation for structures c) Shifting assistance a) 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.10,000/-14 d) Right to salvage material from the demolished structure Encroachers15 having structures

a) No compensation for land b) Compensation for structures to only vulnerable

D. 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. d) Advance notice to DPs to harvest fruits and remove trees. e) For fruit bearing trees compensation at average fruit production for next 15 years to be computed at current market value. f) For timber trees compensation at market cost based on kind of

trees. a) Land holders b) Share-croppers c) Lease holders

7 Loss of crops

13Landless person 14As required by NRRP 2007 15Legitimate land holder but encroaching his movable or immovable assets on Government land



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Entitlement

Details

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.

E. 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

Titleholder16 (Owner) losing commercial enterprise in the market Value. 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

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. a) Shifting assistance of Rs.10,000/-17. b) Right to salvage material from demolished structure at no

cost. Non-titleholder18(tenants, leaseholders or squatters) losing commercial enterprise in the market


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

16In 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 as applicable and provided for in the Entitlement Matrix. 17As required by NRRP 2007. 18In 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.



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Entitlement

Details

area 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. c) Shifting assistance of Rs.10,000/-19 d) Right to salvage material from demolished structure at no cost.

F. LOSS OF LIVELIHOOD 9 Loss of

primary source of income

Titleholders losing income through business

Rehabilitation assistance

Title holders losing their business establishment due to displacement will be provided with a lump sum transitional allowance of Rs.9,000/-20

Titleholders losing income through agriculture


a) Training Assistance will be provided for income generating vocational training and skill up-gradation 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


a)Training would be provided for up-gradation of skills @ Rs.4000/- per family to the DPs. b) Employment opportunity for DPs in the road construction work, if available and if s0 desired by them, or c) National/ State level job card under National Rural Employment Guarantee Program.

19 As required by NRRP 2007 20This rate has been fixed based on the estimates of average income for a period of three months.



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Entitlement

Details

Wage earning employees indirectly affected due to displacement of commercial structure


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.

b) Employment opportunity for DPs in the road construction work, if available and if so desired by them, or

c) National/State level job card under National Rural Employment Guarantee Program.

Agricultural laborer/share-cropper


a) Assistance is to be paid as per the prevailing local wage rates for 200 days.

b) Employment opportunity for DPs in the road construction work, if available and if so desired by them, or

c) National/State level job card under National Rural Employment Guarantee Program.

Licensed mobile vendors and kiosk operators


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/-.

G. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES 10 Loss of

Common Property Resource

Community Reconstruction / Cash Compensa

Cash compensation at replacement cost or reconstruction of the community structure in consultation with the affected



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Entitlement

Details

s tion at replacement cost

community.

H. ADDITIONAL SUPPORT TO VULNERABLE GROUP

11 Additional Assistance to vulnerable groups

Vulnerable households including BPL, SC, ST, WHH, disabled and elderly

Special Assistance

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).

I. OTHER UNANTICIPATED IMPACTS 12 Temporary

impact during construction like disruption of normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site

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.

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.

3.7 Status of Disbursement of Assistance to Non Title Holder The NGO has prepared the list of non-title holders after due consultation with the community. There are 61 no. of Non titleholder present in this package in which 5 No of Non Title holder located in section-II and 56 Nos. of Non-Title holder is in Section I. Microplan for all Non-Title Holder has been prepared and approved by client



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Table 10

List of Non-Title Holders Identified

Sl. No.

Item Section I Bihta-

Daniyawan

Section II Chandi-Sermera

Total Remarks

a Squatter 31 3 34 b Kiosks 25 2 27 c Encroacher 0 0 0 d Distribution of

assistance 1086200 125721 1211921 167842 is yet

to be distributed

Based on the above-mentioned entitlement framework and ADB Safeguard Requirement 2009 (Involuntary Resettlement), the NGO has estimated the R&R compensation and assistance cost for the non-title holders and has submitted the list to the EA. Distribution of ID card and compensation and assistance of all NTH families has been completed.

3.8 Community Participation and Consultation Public consultation with DPs and villagers have been launched in the villages at every stages to ensure people participation in the implementing phase of the project for fruitful solutions of development problems such as local needs and problem and prospects of resettlement Public consultation is a continuous process and needs to be ensured at every stage of the project. It is particularly important to have community participation and consultation during Verification survey; Shifting of non-title holders; Identification and relocation of CPRs; Awareness generation for control of highway related diseases; Highway/Road safety aspects; Agreement over replacement value of structure and land; Identification of APs eligible for training and assessment of training needs; Identification and finalization of trades for training; Identification of master trainer and assessment of trainer and formation of self-help groups/CBOs etc.

3.9 Formation of village Level Committee

Public consultation with Project Affected Persons and villagers has been organized in the villages for formation of Village Level Committee for efficient grievance redressal mechanism that will assist the affected persons in resolving their queries and complaints. Total 67 VLCs are formed. R&R expert have already instructed to NGO to provide details of members of village level committee. 3.10 Income Restoration and Rehabilitation Identification of target groups for income restoration activities is an important aspect of R&R implementation. Commercial squatters have been identified and assistance amount required for their skill up-gradation have been estimated. Similarly, vulnerable groups have been identified and special assistance for them has been estimated. NGO is providing assistance such as credit facilities, training



65

and employment opportunities so that they can improve or at least restore their income-earning capacity, production levels and standard of living to pre displacement levels. Training programme for employment opportunities has been completed in 32 villages out of 88 villages.

3.11 Formation of Grievance Redress committee Formation of Grievance Redressal Committee (GRC) is most important for grievance redressal and it is anticipated that most, if not all grievance, would be settled by the GRC. GRC has been formed in both districts and working properly. District collector of district Patna and Nalanda has been nominated addl. Collector of district Patna and Nalanda as the Head of GRC in both districts. In the GRC, representative of PIU, NGO, Affected Persons and concerned revenue circle are as member

3.12Addressing Other Social Issues: 3.12.1 Child Labour: An action plan needs to be prepared address the issue of child labour. So far no case of child labour is found in the construction area during the visit of R&R expert.

3.12.2 HIV/AIDS: Sexual diseases are often found to spread rapidly along the road and highway corridors. On the other hand, tuberculosis and other like diseases are also found to spread through physical contacts along with STD and AIDS. Seeing the gravity of the spread of all these diseases proper measures are required to be taken to create awareness about their severity and to control such spread of diseases. Only three awareness camps are organized by the NGO with help of State AIDS control society. 3.12.3 Highways/Road Safety: The NGO with the help of contractor needs to collect information on accidents from the local police and also need to distribute IEC materials to the community on how to prevent accidents.

4.0.Compliances of ADB Involuntary Resettlement Safeguard Policy (2009)

Sl. No.

Safeguard Policy Compliance

1 Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks

Resettlement framework has been formulated based on LAA-1894, NRPP-2007, BLARRP-2007 and census and socio-economic survey of project affected person. List of project affected persons continuously revised after verification survey. Verification survey have been completed in 83 chader out of 102 affected chader



66

2 Carryout out meaningful consultation with affected persons, host communities and concerned NGOs. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement program

Public consultations with project affected persons have been organized in the villages for formation Village Level Committee for efficient grievance redressal mechanism. Total 67 VLCs are formed so far.

3 Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children and those without legal title of land and ensure their participation in consultation

As per NPRR-2007 and ADB policy extra assistance (Rs.10000/- per family) has been provided for vulnerable groups. Compensation as per approved RP and Micro plan distribution of compensation for all NTH has been completed.

4 Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons

Grievance Redressal Committee has been formed in both districts and working properly. District collector of district Patna and Nalanda has nominated addl. Collector of district Patna and Nalanda as the head of GRC in both districts., Representative of PIU, NGO, Affected Persons and concerned revenue circle are nominated as a member of GRC.

5 Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase

In progress

6 Improve, or at least restore, the livelihoods of all displaced persons through………………

6.1 Land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihood

Cash compensation of land has been provided

6.2 Prompt replacement of assets with access to assets of equal or higher value

In progress

6.3 Prompt compensation at full replacement cost for assets that can not be restored

In progress

6.4 Additional revenues and services through benefits sharing schemes where possible

NA



67

7 Provided physically and economically displaced persons with needed assistance including the following

7.1 If , there is relocation, secured tenure to relocation land, better housing to relocation sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities

Not implemented so far because all affected person opted for self relocation in public consultation meeting conducted by NGO.

7.2 Transitional support and development assistance such as land development, credit facilities, training or employment opportunities

Training programme for employment opportunities has been completed in 32 villages

7.3 Civic infrastructure and community services Yet to be implemented 8 Improve the standards of living of the displaced

poor and other vulnerable groups including women, to at least national minimum standard. In rural area provide them with legal and affordable access to land and resources and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing

Provision of one time lump sum assistance of Rs. 10000/- for Vulnerable household and this will be paid above and over the other assistance

9 Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status

Yet to be implemented

10 Ensure that displaced person without titles to land or any recognizable legal right to land are eligible for resettlement assistance and compensation for loss of non-land assets

Compensation and assistance based on approved RP plan has been distributed

11 Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule

Resettlement plan has been already prepared and approved by ADB

12 Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and languages understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updated to affected persons and other

Revised RP is posted on website of BSRDC.ADB However, NGO has agreed to submit Micro plan of each village to concerned village panchayat. Entitlement Matrix has been distributed



68

stake holders among the affected persons 13 Pay compensation and provide other resettlement

entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation

Compensation and other resettlement entitlement provided according to the approved RP plans

14 Monitor and assess resettlements outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports

In progress

15 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s cost and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand alone operation

Implemented

5.0 Monitoring Framework and Progress (August 2012)

Sl. No R&R Activities Progress Remarks 26. Assessment of resettlement

impacts due to changes in project design, if relevant

Widening of roads will help enhancing economic conditions of the people. The APs will also benefit by accessing to better health and education and be able to market their agricultural products better

The roads pass through many villages and market areas. As most of the roads will be new alignment, a large chunk of private land needs to be acquired. This would require very careful implementation of R&R activities.

27. Preparation/updating of resettlement plan based on changes in project design

it has undergone some changes due to change in alignments.

Detailed survey is under way based on the revised alignments

28. Approval of updated Resettlement Plan (RP) from ADB

New RP is approved

29. Appointment and mobilization NGO

Completed

30. Disclosure of updated Finalized RP will be translated Needs to be widely



69

Resettlement Plan to local language and to be distributed at the village level

disseminated, especially among the vulnerable groups

31. Establishment of Grievance Redress Committee

Established.

32. Capacity building of EA PIUs/NGOs have been provided training on social safeguards by the supervision consultant (R&R Expert). Annual training calendar has to be prepared by the PMU to provide training on R&R implementation to the concerned staff of PIU, NGO and Contractor

33. Verification of APs census list, assessment on compensation and assistance, and readjustment

In progress Finalization of APs list in 83 chader has been completed so far

34. Land acquisition In progress 62.885 Km. has been acquired so far out of 95.500 km

35. Payment of compensation as per replacement value of land and assets to APs

Process of valuation of structures as per replacement value of land and other assets is in progress

36. Disbursement of assistance to title holders

In progress

37. Disbursement of assistance to non-title holders

List has been finalized Disbursement of assistance has been completed

38. Disbursement of special assistance to Vulnerable groups

In progress Special assistance has been provided as per approved Microplan

39. Number of vocational training provided to APs

In progress

40. Linking APs to available development schemes

In progress

41. Planning for Resettlement sites as per RP

42. Shifting APs to Resettlement sites as per RP

Yet to be finalized All APs opted for self relocation

43. Replacement/shifting of community property

Identification of CPR has been finalized and relocation is on



70

resources progress 44. Reinstallation of public

utilities In progress

45. Preparation/updating of Indigenous Peoples Development Plan based on changes in project design

Not required

46. Approval of updated Indigenous Peoples Development Plan from ADB

NA

47. Tribally significant places, if any, are undisturbed by subproject

NA

48. Special tribally distinctive ways of livelihood (e.g., gathering forest products) are not adversely affected

NA

49. Tribal communities, if any, receive proportionate subproject benefits and compensation

NA

50. Consultations and disclosure are carried out in tribal languages and in culturally appropriate ways, if relevant

NA

6.0 Problems in Implementation of RP Slow Land Acquisition Process- Reasons for delay in land acquisition are follows:-

(4) Bakast Land: there are some plots in many affected villages which have not been notified by the LA authorities in Sec 4/6 of LA act in this project, these plots are bakast land i.e the land owner have no right/entitle on these land. Now LA authorities are in process of fresh acquisition for these type of plots. This will cause accountable delay in project works.

(5) Very poor Land Records: Revenue records are very old and not updated which causing delay in distribution of compensation to Land owners.

(6) Forest Land: getting permission for tree cutting of forest land has very lengthy process which is



71

causing delay in project works. Stage-I of Forest clearance has been obtained. (7) CPR Relocation: is very sensitive issue, needs prolong public consultation. It is very time taking

process to take NOC/Approval from concerned departments/ communities.

8.0 Recommendation

(6) More Coordination needs among Land Acquisition Department, concerned circle office and BSRDCL for timely land acquisition and compensation distribution.

(7) Land compensation for Bakast Land needs to distribute as early as possible, other acquisition method like Direct purchase may help to expedite the issue.

(8) Special care shall be taken for project affected vulnerable group for compensation and

assistance as per approved micro plan, so that they can able to improve their living standard.

(9) Land compensation distribution camp will be established in some villages to distribute land compensation

(10) Valuation of private structure needs be conducted by the competent authority so that

compensation of affected structure will be distributed as early as possible



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Photographs

Public Consultation Meeting BY Mr. Vijay ShankarGM, Mr. Amir Hasan GM, Mr. S.M. Singh DGM in Village Mustafapur

Awareness Camp organized by NGO in Stretch - II



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Assistance Distribution in village Sonsa by NGO and RO.

Training Programme at Village Kansari



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