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Social Monitoring Report

Project No. 44167-014 Semiannual Report (January – June 2017) January 2018

Flood and Riverbank Erosion Risk Management Investment Program - Project 1

Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Government of the People's Republic of Bangladesh

Bangladesh Water Development Board

Flood and River Bank Erosion Risk Management Investment Program

ADB Loan Number: 3138 BAN (SF)

Social Safeguard Report Tranche 1

Period: January 2017 - June 2017

Government of the People’s Republic of Bangladesh

Bangladesh Water Development Board

Flood and Riverbank Erosion Risk Management Investment

Program

ADB Loan Number: 3138 BAN (SF)

Social Safeguard Report

Tranche 1

Period: January 2017 - June 2017

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Abbreviations and Acronyms

ADB : Asian Development Bank

APs : Affected Persons

BWDB : Bangladesh Water Development Board

CCL : Cash Compensation under Law

DC : Deputy Commissioner

DDM : Department of Disaster Management

DP : Displaced Person

EP : Entitled Person

EP : Eligible Person

GOB : Government of Bangladesh

GRC : Grievance Redress Committee

HH : Household

INGO : Implementing Non-Government Organization

JVT : Joint Verification Team

LRP : Land Resettlement Plan

NGO : Non-Government Organization

PD : Project Director

PMO : Project Management Office

PVAT : Property Valuation Advisory Team

RAC : Resettlement Advisory Committee

RB : Resettlement Benefit

RC : Replacement Cost

RC : Resettlement Cost

RC : Resettlement Coordinator

RF : Resettlement Framework

ROW : Right of Way

RP : Resettlement Plan

SDE : Sub-Divisional Engineer

SMO : Sub-Project Management Office

TOR : Terms of Reference

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Glossary of Terms

Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on

account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right,

title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land),

water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely

affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with physical or economic displacement.

Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and

above the compensation for lost assets.

Awardees: mean the person with interests in land to be acquired by the project after their ownership of said

land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in

other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’

through notification under Section 7 of the Land Acquisition Ordinance.

Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at

replacement cost at current market value.

Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be

considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is

considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the

census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits.

Displaced Person (DP): includes any person, households (AHs), firms or private institutions who, on account of

changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or

interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water

resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely

affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with physical or economic displacement.

Encroachers: mean those people who move into the project area after the cut-off date and are therefore not

eligible for compensation or other rehabilitation measures provided by the project. The term also refers to

those extending attached private land into public land or constructed structure on public land for only renting

out.

Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income

restoration assistance, transfer assistance, income substitution, and business restoration which are due to AHs,

depending on the type and degree /nature of][\their losses, to restore their social and economic base.

Eminent Domain: means the regulatory authority of the Government to obtain land for public

purpose/interest or use as described in the 1982 Ordinance and Land Acquisition Law.

Household: A household includes all persons living and eating together (sharing the same kitchen and cooking

food together as a single-family unit).

Inventory of losses: mean the pre-appraisal inventory of assets as a preliminary record of affected or lost

assets.

Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and

includes people using private or public land without permission, permit or grant i.e. those people without legal

title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot

be denied resettlement assistance.

Project: means resectioning work at Singia to Siddhipashasetion (11.90km) of the embankment under Narail

Sub-project of Southwest Area Integrated Water Resources Planning and Management Project funded jointly

by Asian Development Bank (ADB) and Government of Netherlands.

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Project Affected Units (PAUs): combine residential households (HHs), commercial and business enterprises

(CBEs), common property resources (CPRs) and other affected entities as a whole

Project Affected Family: includes residential households and commercial & business enterprises except CPRs.

Relocation: means displacement or physical moving of the DPs from the affected area to a new area/site and

rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-

establishing income, livelihoods, living and social systems.

Replacement cost: means the value of assets to replace the loss at current market price, or its nearest

equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without

deduction of transaction costs or for any material salvaged.

Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of

access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition.

Significant impact: means where 200 or more DPs suffer a loss of 10% or more of productive assets (income

generating) or physical displacement.

Squatters: mean the same as non-titled and includes households, business and common establishments on

land owned by the State. Under the project this includes land on part of the crest and slopes of flood control

embankments, and similar areas of the drainage channels.

Structures: mean all buildings including primary and secondary structures including houses and ancillary

buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses,

fences, and walls, tube wells latrines etc.

Vulnerable Households: mean households that are (i) headed by single woman or woman with dependents

and low incomes; (ii) headed by elderly/ disabled people without means of support; (iii) households that fall on

or below the poverty line;1(iv) households of indigenous population or ethnic minority; and (v) households of

low social group or caste.

1 The poverty lines (updated for 2008)

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Table of Contents

Abbreviations and Acronyms ........................................................................................................ ii

Glossary of Terms ....................................................................................................................... iii

List of Tables ............................................................................................................................... vi

List of Figures .............................................................................................................................. vi

Executive Summary ...................................................................................................................... 7

1. Project Background .............................................................................................................. 9

1.1 Background .............................................................................................................................. 9

1.2 Objectives:............................................................................................................................... 9

2. Project Description ............................................................................................................ 10

2.1 FRERMIP Location and Area ............................................................................................ 10

2.2 Project Interventions ......................................................................................................... 10

2.3 The Progress of physical works of FRERMIP as on June 2017 ........................... 14

2.4 Project Implementation Arrangements ....................................................................... 15

3. Social Safeguard................................................................................................................. 16

3.1 Resettlement Framework (RF) and Entitlement Matrix ........................................ 16

3.2 Government Order for JVT, PVAT & GRC ................................................................... 16

3.3 Formation of Committees and Progress of Activities of JVT, PVAT & GRC .... 17

4. Implementation of Resettlement Plan ................................................................................ 18

4.1 Engagement of INGO ......................................................................................................... 18

4.2 Project Interventions and Land Requirement ........................................................... 18

4.3 Resettlement implementation ........................................................................................ 18

4.4 Land Acquisition and Resettlement Issues: .............................................................. 22

4.5 Grievance Redress Mechanisms .................................................................................... 25

4.6 Steps of Land Acquisition Process ................................................................................ 26

4.7 Potential Monitoring Indicators for Sub-Reach ........................................................ 27

4.8 Activities of Implementing NGO .................................................................................... 28

4.9 Gender and Development ................................................................................................ 29

4.10 Way Forward – Proposed Activities .............................................................................. 29

5. Reasons for starting resettlement activities in Bank Protection during construction work .... 30

6. Conclusions and Recommendations.................................................................................... 31

7. Annexures: ........................................................................................................................ 32

Annex I: Project Entitlement Matrix ............................................................................................ 32

Annex II: Government Order for JVT, PVAT & GRC ............................................................... 39

Annex III: Pictoral Views with Project officials and ADB Safeguard Mission ................ 42

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List of Tables

Table 1: The Progress of physical works of FRERMIP as on June 2017

Table 1: Date of formation of JVT, PVAT & GRC and Activities of JVT & PVAT

Table 3: Details work done by GRC

Table 4: Project Location and Land requirement

Table 5: The overall physical progress of resettltment

Table 6: Status of Payment of Compensation for sub-reach as per Resettlement Plan

Table 7: Ongoing Monitoring /Action Plan for Land Acquisition & Resettlement Process

Table 8: Types of Affected Person under Resettlement Plan

Table 9: Monitoring Indicators for Sub-Projects

Table 10: Status of the Stakeholders Meetings

List of Figures

Figure 1: Riverbank Protection at Harirampur (Representative Cross-section)

Figure 2: Embankment, Representative Cross-Section

Figure 3: Design of Koijuri Regulator, Bera

Figure 4: Grievance Redress Flow Chart

Figure 5: Land Acquisition Flow Chart

List of Maps

Map 1: Shows the locations of proposed interventions during Tranche 1

Map 2: Tranche 1 Interventions

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Executive Summary

This third Semi-annual Resettlement Monitoring Report for Flood and Riverbank Erosion Risk Management Investment Program (FRERMIP) Tranche-1 has been prepared to fulfill the safeguard policy requirement of ADB. FRERMIP resettlement programme has been harmonized with ADB’s Safeguard Policy Statement (SPS 2009). The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time bound action plans with measures to restore or improve livelihood and income of those affected by development projects. Since the 1982 Ordinance of the Government falls short of the reqirements of the ADB’s safeguard policies on many grounds, the project land acquisition and resettlement policy has been harmonized with ADB’s SPS. The harmonization was carried out a gap analysis involving the 1982 Ordinance-II and the ADB’s Safeguard Policies and gap filling measures. The harmonization has also benefited from the Bangabondhu Jamuna Brigde and Jamuna-Meghna River Erosion Mitigation Project (JMREMP) “best practice” in resettlement. The harmonized policy forms the basis for preparation of social safeguard plans for various components of the project. As a part of implementation of the FRERMIP, a number of interventions have been planned in three (3) tranches. The Tranche-1 is being implemented and the main components of tranche-1 are:

(a) Riverbank Protection work at Chauhali of Sirajgonj district: 7.2 km (incl. end termination); (b) Riverbank Protection work at Zaforgonj of Manikgonj district: 2.00 km; (c) Riverbank Protection work at Harirampur of Manikgonj district: 8.80 km; (d) Construction and Rehabilitation of Embankment from Kaijuri to Hurasagar of Sirajgonj

district and Pabna district: 23 km; A Resettlement Framework (RF) had been developed during PPTA study wich was subsiquiently concurred by ADB and approved by Government of Bangladesh as well. The primary objective of the Resettlement Framework is to provide guidance in:

i) project resettlement planning on policy and entilements, ii) resettlement planning for possilble project impacts, iii) resettlement planning for any unanticipated impacts, particularly during project

construction;

It sets out the policy and procedures to be adopted by Bangladesh Water Development Board (BWDB) for revising and updating any RPs during project implementation. The RF stipulates payments of compensation as per the assessed value of the land and structure to the affected persons (APs). In addition to compensation paid by the concerned Deputy Commissioner (DC), the APs will receive:

▪ additional assistance in cash or kind to match replacement cost (RC) which is the difference between the market value and the assessed value for lost assets (land, houses and trees);

▪ transaction costs such as stamps/registration costs (in case of purchase of replacement land);

▪ and other cash grants and resettlement assistance such as shifting and reconstruction grant; ▪ resettlement benefit for loss of workdays/income due to dislocation.

Socio-economically vulnerable households namely- female-headed households without grown up male in the household; households below poverty line; households headed by disabled; elderly people and those losing more than 10% of income from acquisition will be given additional cash assistance for relocation. In Bangladesh‘s rural setting, the conditions noted above are not present. Therefore, to ensure that APs can replace the lost property, a replacement cost will be provided as determined by a Property

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Valuation Advisory Team (PVAT), which have been constituted by BWDB with the representative nominated by Deputy Commissioner of concerned district and representative from INGO. The implementing NGO will provide all technical supports to the PVAT to assess the market price through an independent agency and recommend the RC of assets to the Project Director of the PMO for approval. BWDB will pay the difference between the approved RC and the DC payments under the 1982 Ordinance-II. In addition, APs will be allowed to take away reusable materials from their dismantled houses and shops, which will be deducted from the RC. The local Grievance Redresses Coommittee (GRC) shall review and resolve grievance within one month of receiving any complaints and will maintain written records of all the appeals received. This local GRC is formed constituting representative from BWDB, Chairman of concerned Union Parishad and representative from APs. BWDB is the project owner and executing agency (EA) of the project so that a Project Management office (PMO), headed by a Project Director (PD) has been set up within BWDB for execution of the Project. A senior Executive Engineer under PMO was given charge for Chief Resettlement Officer (CRO) who is responsible for implementation of RP - disbursement of compensation through DC and resettlement benefit through its own staff in the PMO. The concerned field division of BWDB, headed by an Executive Engineer, act as field office in favour of Project Director (and CRO). The principal functions of the field offices are to facilitate land acquisition and implement the resettlement program with assistance from a resettlement plan implementing NGO (INGO). BWDB engaged Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) for implementation of Resettlement Plan. An agreement was signed between the Bangladesh Water Development Board (BWDB) and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. The VRDS in association of HCL activated the Central office and field offices for INGO services and started work from April 01, 2016. As per project interventions 5 (Five) no’s of Resettlement Plan is required to be prepared for RP implementation of the Tranche-1 of the program, those are:

(i) RP for Embankment with construction of regulators - 23 Km; (ii) RP for riverbank protection work at Chauhali - 7.2 Km (including end termination); (iii) RP for riverbank protection work at Zaforgonj - 1.40 Km; (iv) RP for riverbank protection work at Zaforgonj - 0.60 Km; (v) RP for riverbank protection work at Harirampur - 8.80Km;

The Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL), the engaged INGO for implementation of resettlement issues of the project, started work including identification of the project affected people through socio-economic survey. Resettlement Plan at Embankment, Zaforgonj RBP and Chauhali RBP has been completed based on the survey and submitted to ADB. The field division and resettlement unit in PMO is supervising and monitoring the works of the INGO and convined regular meeting with INGO and consultants. The land acquisition Plan at Embankment, Zafargonj (1.4 Km) & Chauhali have been submitted by BWDB to the respective Deputy Commissioners’ Office. The VRDS in association with House of Consultants Ltd. (HCL) assisted BWDB during submission of LAPs to the DCs.

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1. Project Background

1.1 Background The Government of Bangladesh has undertaken a project named ‘Jamuna-Meghna River Erosion Mitigation Project (JMREMP)’, in 2001 with the financial and technical assistance of ADB with dual purposes. Firstly to mitigate bank erosion at PIRDP and MDIP with sustainable and cost effective protection works; secondly, to develop a framework for sustainable erosion risk management system to be applied elsewhere in the country. Over the extended implementation period from 2002 to 2011, both the MDIP and PIRDP could be provided with the sustainable erosion protection works at locations identified during project preparation. Over and above these, additional length which more than original protection length could be provided at both the project area, with original cost estimate. This is due to development of low cost protection system parallel to providing building bank protection works at affected locations. Over the period of initial 4 years, through trial, supported by laboratory tests, the project finalized a bank protection system that has proved to be cost effective and sustainable. The project has developed the concept of phased planning and implementation to adapt to changing river condition known as adaptive management. The most important development of the project is a special method of construction of underwater revetment by dumping sand filled geo-textile bags from positioned barges. All these made the JMREMP protection works low cost and sustainable. On successful implementation of JMREMP with low cost riverbank protections ADB came forward for similar nature of bank protective projects along the main rivers Jamuna, Ganges and Padma. FRERMIP aims to modify the flood season hydrology of a very large area of floodplain by providing new and rehabilitated embankments, leaving distributaries open, along selected reaches of the Padma / Jamuna River. To protect these embankments, riverbanks are being progressively stabilized, starting at critically eroding reaches. Over time, this approach may lead to general river stabilization, potentially transforming the geomorphology of the Padma/Jamuna in an unprecedented manner (particularly if a single-channel solution is implemented). The anticipated benefits are considerable: (i) reduced loss of agricultural and other land to river erosion, (ii) reduced flood damage to agriculture (etc), and (iii) increased agricultural production on less-flooded agricultural land. The structural components of riverbank protection and embankments are accompined by non-structural components. These address institutional issues, on knowledgebase and planning level, and directly assist local communities in the sub-project areas in improving their preparedness to flood and erosion disaster.

1.2 Objectives:

The objectives of the program are –

• To sustain economic growth, poverty reduction and livelihoods of people, living in the areas threatened by riverbank erosion.

• To enhance resilience to flood and riverbank erosion risks through strengthening the flood and riverbank erosion management system, including the knowledge base and underlying institutions;

• To establish integrated non-structural and structural risk management measures at priority erosion sites and addressing their sustainability.

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2. Project Description

2.1 FRERMIP Location and Area The FRERMIP area encompasses the Jamuna River reach starting below the Jamuna Bridge and the proposed Ganges Barrage site, down to Chandpuron the Lower Meghna. Downstream of the Jamuna Bridge and the Barrage site, the Jamuna and Ganges river courses are somewhat independent of upstream river developments. The FRERMIP area covers 9,300 km³ with a total population of 10.5 million (2011 census) in 40 upazilas and 431 unions, with an average population density of nearly 1,600 persons per km² of floodplain land.

Map 1: Shows the locations of proposed interventions during Tranche 1.

2.2 Project Interventions The major construction work of FRERMIP is located in three sites are (i) Bank protection work at Chauhali 7.20km length (including end termination) (ii) Bank protection work at Zafargonj 2.00km length (iii) Bank protection work at Horirampur 8.80km length. The adverse environmental and social impacts of FRERMIP are mostly concentrated to construction and operation of these three sites. Proposed interventions under Tranche 1 fall into three categories: (i) riverbank protection, (ii) new and rehabilitated road/flood embankments, (iii) drainage sluices.

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Map 1: Tranche 1 Interventions

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a) Riverbank Protection

Figure 1: Riverbank Protection at Harirampur (Representative Cross-section)

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b) Embankments

Figure 2: Embankment, Representative Cross-Section

c) Regulator

Figure 2.2: Design of Koijuri Regulator, Bera

Figure 3: Design of Koijuri Regulator, Bera

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2.3 The Progress of physical works of FRERMIP as on June 2017

The progress of physical works described here as per work component of DPP with quantity and

estimated cost as well as revised-estimated cost. Both financial and physical progress indicated as of

June 2017.

Table 2: The Progress of physical works of FRERMIP as on June 2017

Sl No. Work component as per DPP (with quantity) Economic code

/sub code

Original

Estimated Cost

Revised

Estimated cost

Progress up to June 2017

Financial Physical (%)

1 2 3 4 5 6 7

(a) Revenue Component

1. ADB Interest during implementation &

services change for Netherlands grant 4826 1992.00 1992.00 700.00 35.14

2. BWDB Capacity Development Program 4840 1043.50 768.88 338.95 39.05

3 Resettlement Support Program 4849 297.00 283.60 20.36 7.18

4. Implementation Consultant 4874 4064.00 3872.82

4030.46 38.88 5. River Stabilization and Land Recovery Study 4874 4840.00 4612.31

6. Feasibility of Tranche-2/3 Project 4874 1780..50 1696.74

7. Resettlement Implementation Support 4874 175.00 175.00 47.69 27.25

8. Livelihood Support Program 4874 651.30 647.27

9. Environmental Management Program 4874 597.80 -

10. Community based Disaster Management

Program (DDM) 4874 668.80 643.98

11. Participatory regular O&M training support 4874 240.00 -

12. Land/River Survey and Data Processing 4886 80.00 80.00 44.69 55.85

13. Survey and Investigation/ Data Processing 4886 867.20 558.05 181.08 25.09

PMO operational Expenses

14. a) Salaries and allowances 4700 836.60 836.60

15. b) PMO Operational Expenses 4800 496.10 309.36 130.73 35.14

16. PIU-DDM Operational Expenses 4899 120.70 50.96 4.50 8.83

Sub-total Revenue Component of (a) 18750.50 16527.57 5498.46 31.84

(b) Capital Component

1. Transport vehicle (Jeep 5 unit, 10

motorcycle) 6807 641.40 349.48 349.48 54.49

2. Computer and Office Equipment 6819 89.40 43.63 43.63 48.80

3 Computer and Office Equipment (DDM) 6819 5.80 5.10 4.99 97.84

4. Survey Equipment 6851 89.00 67.47 67.47 75.80

5. Land acquisition (136.00 ha.) 6901 8847.88 20831.09 11435.88 75.63

6. Construction of Inspection banglow at

Manikganj 7016 50.00 78.00

7. Regulator/Sluice (new construction 4 nos ) in

JRB1 subproject area 7041 1406.00 2259.34

8. 23km Embankment along the Right Bank of

Jamuna and the left bank of Baral-Hurasagar 7081 7888.28 9952.27

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Sl No. Work component as per DPP (with quantity) Economic code

/sub code

Original

Estimated Cost

Revised

Estimated cost

Progress up to June 2017

Financial Physical (%)

9.

Protective works at left bank of Jamuna at

Chauhali, Nagarpur,Tangail sadar, Zaffargonj

and at the left bank of Padma at

Harrirampur- 18.00 km.

7081 32659.90 30008.00 27163.74

8.80Km(100%)

,

7.00Km(95%),

2.00Km(90%)

10. Land Recovery/River Training Piloting Works 7081 3798.00 3798.00

11. Adaptive Protection and Emergency 7081 2790.80 2809.31 818.61 29.14

12. CD and SD 7901 723.25 120.74

Sub-total Capital Component of (b) 58989.71 70322.43 39883.80 66.53

Sub-total (a+b) 77740.21 86850.00 45382.26 63.1

(c) Physical Contingency 1522.17 0.00 0 0

(d) Price Contingency 3593.62 0.00 0 0

Grand Total (a+b+c+d) 82856.00 86850.00 45382.26 62.93

2.4 Project Implementation Arrangements

BWDB is the executing agency, while Department of Disaster Management (DDM) is the implementing agency for the community-based flood-risk-management component. As for all development projects, an inter-ministerial steering committee will review and discuss the project in annual meetings. A Panel of Experts will provide guidance related to river morphology, flood risk management, institutional development, regional/local capacity development, and other issues emerging during implementation. A Project Management Office (PMO) integrated into BWDB administration has been set up, headed by a Project Director who is a senior Superintending Engineer or an Additional Chief Engineer (with powers similar to the zonal Chief Engineer); supported by two Superintending Engineers. The PMO might be converted to proposed office of the Chief Engineer River Management and River Management Wing, once these posts are approved and staffed. The River Management Wing will be responsible for national river management activities such as char reclamation and materials procurement and strategic stockpiling, and for implementing works through existing zonal divisions (whose staff levels will be increased) that already construct embankments and revetments. In addition to the PMO in Dhaka, sub-project management offices (SMO) has been established in the divisional offices located in the project sites areas of Koitola, Tangail, and Manikgonj. In addition to the Project Director and the two Superintending Engineers, the PMO has been staffed with four Executive Engineer, two Sub-Divisional Engineer and two Assistant Engineer. All PMO staffs work full time on the project. Three SMOs, each headed by an Executive Engineeris supported by one Sub-Divisional engineer, one Assistant Engineer, and three Sub-assistant Engineers are to assist PMO in implementing resettlement activities of the Project. The PD of PMO, BWDB/Dhaka implements the RP with the appointed INGO and monitors implementation through the Chief Resettlement Officer (CRO). An Institutional Strengthening and Project Management Consultant (ISPMC) is providing consultancy services to support project implementation in a variety of ways, including the services of a specialist to conduct resettlement monitoring, planning and management to support the PMO.

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3. Social Safeguard

3.1 Resettlement Framework (RF) and Entitlement Matrix

A Resettlement Framework (RF) had been prepared during PPTA study including an “Entitlement Matrix” (Annex-I) compling the requirements stated in Facility Admistration Manual (FAM) of ADB. The said resettlement framework was concurred by ADB and approved by GoB as well. This ensured the resettlement needs of the project following the procedures for involuntary resettlement in compliance with GOB applicable laws and regulations and existing ADB Safeguard Policies Statement (SPS 2009). Resettlement plans is being prepared based on the approved RF and socio-economic survey of the engaged INGO. The identification of the affected populations and consultations with them have been conducted as a routine activity of local people consultation process, mainly by the engaged INGO in cooperation with the officials of BWDB and other relevant government agencies. The Resettlement Specialists of the ISPMC team assisted systematically in all cases. The deputy commissioner (DC) will pay compensation of the affected people under CCL following Land Acqusition Act 1982. The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time-bound action plans with measures to restore or improve livelihood and income of those affected people by development projects. Since the LA ordinance 1982 falls short of the requirements of the ADB’s safeguard policies on many ground, the project land acquisition and resettlement policy has been hamonised with ADB’s SPS. To do so Government of Bangladesh approved the resettlement framework harmonized with ADB’s safeguard policies.

3.2 Government Order for JVT, PVAT & GRC

The GOB has approved three different committees and issued office order (Annex-II) for formation of these committees containing their composition tasks for implementing resettlement plans of the interventions facilitating payment of additional compensation (resettlement benefits) and resettlement of EPs are as follows:

1) Joint Verification Team (JVT) 2) Property Valuation Advisory Team (PVAT) 3) Grievance Redress Committee (GRC)

1) Joint Verification Team (JVT)

BWDB will form a Joint Verification Team (JVT) for the FRERMIP project through a notification to compare and review the physical verification data collected by the Project lmplementing Agency along with the DCs' assessment of losses of physical assets and their owners. JVT will conduct property assessment and evaluation and both JVT and the concerned party will sign the verification record. Disputes on properly right will be recorded. The implementing NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants.

The JVT has been formed as follows:

a) Representative of BWDB (Sub-Divisional Engineer/Assistant Engineer or equivalent officer) : Convener

b) Representative of concerned Deputy Commissioner : Member c) Representative of INGO recruited by BWDB

(DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary 2) Property Valuation Advisory Team (PVAT)

The PVAT will review the assessment of the Implementing Agency on the market price of the property affected by the project at their replacement cost. The Implementing Agency will process the entitlements of the project-affected persons using the PVAT data as one of the determinants.

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The PVAT has been formed as follows:

a) Representative of BWDB (Sub-divisional Engineer/Assistant Engineer or equivalent Officer) : Convener

b) Representative of concerned Deputy Commissioner : Member c) Sub-Assistant Engineer, concerned SMO, BWDB : Member d) Representative of INGO recruited by BWDB

(DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary 3) Grievance Redress Committee (GRC)

GRCs will be formed at union level for any grievances involving resettlement benefits, relocation, and other assistance. The local GRC shall review and resolve grievances within one month of receiving any complaints and will maintain written records of all the appeals received.

The GRC have been formed as:

a) Representative of BWDB (Executive Engineer or equivalent Officer) : Convener

b) Chairman of Union Parishad (UP) (UP where affected people will record the complaint) : Member

c) Representative of Affected Persons : Member d) Sub-Assistant Engineer, BWDB (Concerned branch) : Member-Secretary

3.3 Formation of Committees and Progress of Activities of JVT, PVAT & GRC

The details information is provided here regarding committees (JVT, PVAT & GRC) have been formed and started work in the sub reach areas mentioned in below table:

Table 2: Date of formation of JVT, PVAT & GRC and Activities of JVT & PVAT

Name of Committees DATE OF COMMITTEE’S FORMATION AS PER SUBREACH AREA ACTIVITIES DONE AS PER SUBREACH AREA REMARKS

Zafargonj Chauhali EMBANKMEN

T

Harirampur Zafargonj Chauhali EMBANKMENT Harirampur

JVT 18/12/16 02/03/17 30/11/16 Allignment, LAP & Survey completed and submitted to Land Ministry for Admin. Approval

06/03/17 15/04/17 Assessment has

been done by

VRDS-HCL and

JVT is reviewing

the assessment

Allignment, LAP & Survey completed and submitted to Land Ministry for Admin. Approval

PVAT 18/12/16 02/03/17 30/11/16 NOT YET

STARTED NOT YET

STARTED

GRC 18/12/16 02/03/17 30/11/16

Table 3: Details work done by GRC

Subreach Area /Sites

Carried over from last reporting period

Received during reporting period

Responded during reporting period

Nos not yet addressed

Nature of grievances and redress provided

Complain transfer to PD office & DC office

GRC monthly meeting

GRC Signboard build

Zafargonj (1.4 km) - 8 Grievences

8 Grievences

- Structures not included in DC list. Grievances application submitted to DC office. Finally 8 grievances redressed

8 Grievences transfer to DC

office

1 meeting held at

Manikganj

GRC Signboard

established

Chauhali - - - - - - - Done

Embankment JRB-1 - - - - - - - Done

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4. Implementation of Resettlement Plan

4.1 Engagement of INGO Bangladesh Water Development Board (BWDB) engaged a local NGO named “Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL)” for the implementation of resettlement activities. An agreement was signed between the BWDB and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. A Letter issued by the Project Director, FRERIMP for Notice to proceed vide Memo No.: PMO-FRERMIP/T-1/270 dated Contract Signing Ceremony 16.03.2016 in connection with commencement of the NGO services. Accordingly, VRDS in association with HCL activated the central office and field offices for NGO services since April 01, 2016.

4.2 Project Interventions and Land Requirement The Project envisages intervention of 18 km of riverbank protection, 23 km of embankment and 4 number of regulator. About 129.91 ha2 of land will be required to implement the said work. The detail sub reach wise location with land requirement is shown in Table-2.

Table 4: Project Location and Land requirement

Sl No Location of Intervention with sub-reaches Length (km) Land (ha)

1 Embankment (Koijuri to Hurasagor) including 4 regulators in JRB-1 23 97.91

2 Riverbank protection work at Chauhali JLB-2 7.20 13.80

3 Riverbank protection work at Zaforgonj JLB-2 1.40 3.20

4 Riverbank protection work at Zaforgonj JLB-2 0.60 1.24

5 Riverbank protection work at Harirampur PLB-1 8.80 13.76

Total 41 129.91

4.3 Resettlement implementation It is evident from the above table that five nos of resettlement plan are requiring for implemention of resettlement issues of the project. They are (i) RP for Embankment with construction of regulators: 23Km, (ii) RP for riverbank protection work at Chauhali: 7.20Km (including end termination), (iii)RP for riverbank protection work at Zafargonj: 1.40Km, (iv) RP for riverbank protection work at Zafargonj: 0.60Km, v) RP for riverbank protection work at Harirampur: 8.80Km. The Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL), the engaged INGO for implementation of resettlement activities of the project-started work including identification of the project affected people through socio-economic survey. Resettlement Plan of Embankment, Zafargonj RBP and Chauhali RBP has been completed based on the survey and submitted to ADB. Though the RP of Zafargonj, Chauhali and Embankment have not yet been approved, the project-affected people have been identified and draft estimate for cost of the

2 Due to change of alignment, quantity of land has also been reduced at 129.91 ha instead of 131.54 ha that is confirmed after JVT with DC office.

19 | P a g e

resettlement compensation and benefit have been assessed. BWDB, Manikganj, Tangail and Koitola have prepared the Land Acquisition Plan and proposal as per engineering design. Accordingly, Land Acquisition (LA) Proposal has been submitted to the respective Deputy Commissioners’ Office. VRDS in association with HCL ltd. assisted BWDB during submission of LAPs to the DCs. The overall physical progress of resettltment is showm in Table-5:

Table 5: The overall physical progress of resettltment

Major Item of Action

Specific action steps (sub items)

Status Remarks

Cumulative Reporting Period

1. Recruitment, training and deployment

i) Setting up Offices • Bera Pabna - 1 office

• Teptra Shibaloy - 1 office

• Chauhali - 1 office

All offices are being continued……

ii) Deploying professional personnel & support staff

• 3 Key staffs

• 2 Non key staffs

• 1 Accountant

• 1 Surveyor

iii) Recruitment, training and deployment of field staff

• 6 field Staffs @Embankment

• 3 field Staffs @ Zafarganj

• 3 field Staffs @ Chauhali

• 2 field Staffs @ Harirampur Training held for all when recruited

iv) Yearly Refreshers One course held Once held on 30.12.2016

2. Assist in Land Acquisition Activities

i) Assist BWDB in preparation of LAP

LAPs has been prepared & submitted to DC office for:

• Zafarganj (1.4 km),

• Chauhali &

• Embankment

LAPs has been prepared & submitted to DC office for:

• Zafarganj (1.4 km) &

• Chauhali

ii) Ensure Issuance of Notice u/s 3,6 & 7

Notice u/s 3, 6 has been issuance at Embankment JRB-1

• Notice u/s-7 at Bera, Pabna under Embankment

• Zafarganj (1.4 km)- Notice u/s 3,6

• Zafarganj ( 0.6 km)- Notice u/s 3,6

• Chauhali RBP ( Tangail)- Notice u/s 3,6

• Chauhali RBP ( Sirajganj)- Notice u/s 3

iii) Assist EPs in receiving compensation

Zafarganj ( 1.4 km)- 87 EPs received resettlement benefit on 15/04/17

Zafarganj ( 1.4 km)- 87 EPs received resettlement benefit on 15/04/17

iv) Maintain close liaison with DCs for LA & Payments

Ongoing Ongoing

3. Preparation and updating the RPs

i) Designing the survey instrument

The survey instrument has been designed on Zafarganj (1.4 km), Zafarganj (0.6 km), Chauhali, Embankment & Hariramp[ur

The survey instrument has been designed on Zafarganj (0.6 km), & Hariramp[ur

ii) Field survey and collection of data



iii) Computerization of field data



iv) Data analysis and report generation

Data analysis and report generated for Resettlement Plan has been Submitted for Zafarganj (1.4 km), Zafarganj (0.6 km),

Data analysis & report generated on Harirampur

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Status Remarks


Chauhali, Embankment & Hariramp[ur

v) Updating RPs and RP Budget

Data analysis and report generated for Resettlement Plan has been Submitted for Zafarganj (1.4 km), Zafarganj (0.6 km), Chauhali, Embankment & Hariramp[ur

Data analysis & report generated on Harirampur

4. Formation of Joint Verification Team

i) Formation of JVT JVT Formation done at Zaffargonj (1.4 km) , Zaffargonj (0.6 km) on 18/12/16 , Chauhali on 02/03/2017 & Embankment JRB-1 on 30/11/2016

JVT Formation done at Chauhali on 02/03/2017

ii) Participation in joint verification with JVT

JVT at Zaffarganj (1.4 km) , Zaffarganj (0.6 km) & Chauhali completed

JVT at Zaffarganj (1.4 km), Zaffargonj (0.6 km) & Chauhali completed

iii) Generation of database

Database generated at Zaffarganj (1.4 km), Zaffarganj (0.6 km) & Chauhali

Database generated at Zaffarganj (1.4 km) , Zaffarganj (0.6 km) & Chauhali

5. Property Assessment and Valuation

i) Formation of PVAT PVAT Formation done at Zaffargonj (1.4 km), Zaffargonj (0.6 km) on 18/12/16, Chauhali on 02/03/2017 & Embankment JRB-1 on 30/11/2016

PVAT Formation done at Chauhali on 02/03/2017

ii) Planning for the assessment and valuation

Not yet done Not yet done

iii) Communication and collection of data


iv) Reporting and Recommendation


v) Approval of PVAT price by PMO


6. Information Campaign

i) Distribute information brochure


ii) Personal Contacts Contacts with 450 persons Contacts with 350 persons

iii) Carry out Public consultation meetings

20 Public consultation meetings at Embankment JRB-1, 8 Public consultation meetings at Zafarganj ( 1.4 km)& 10 Public consultation meetings at Chauhali, 05 Consulation meeting at Zafarganj ( 0.6km) and 06 Consulation meeting at Harirampur

18 Public consultation meetings at Embankment JRB-1, 5 Public consultation meetings at Zafarganj ( 1.4 km)& 08 Public consultation meetings at Chauhali, 05 Consulation meeting at Zafarganj ( 0.6km) and 06 Consulation meeting at Harirampur

iv) Feedback on problems and constraints

Ongoing Ongoing

7. Assist APs in Relocation

i) Mobilization/ Motivation of APs in Relocation


ii) Payment for transfer grant


iii) Assist APs in the process of Relocation


8. Identification of EPs

i) Collection of Award Book


ii) Data processing and assigning ID numbers

Data processing and assigning ID numbers done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at

Data processing and assigning ID numbers done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at

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Status Remarks


Chauhali Chauhali

iii) Photographing of EPs Photographing of EPs done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

Photographing of EPs done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

iv Issuance of ID cards Issuance of ID cards done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

Issuance of ID cards done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

v Distribution ID cards Distribution ID cards done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

Distribution ID cards done for 88 Aps at Zafarganj ( 1.4 km), 26 Aps at Zafarganj (0.6 km) and 52 Aps at Chauhali

9. Participate in GRCs

i) Formation of GRC GRC Formation done at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) on 18/12/16 , Chauhali on 02/03/2017 & Embankment JRB-1 on 30/11/2016

GRC Formation done at Chauhali on 02/03/2017

ii) Representation from the APs to GRC

1 representative from APs at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) on 18/12/16 , Chauhali on 02/03/2017 & Embankment JRB-1 to GRC

1 representative from APs at Chauhali to GRC

iii) Receive grievances from the APs

Received 8 grievances from the Aps at Zafarganj ( 1.4 km) & 8 grievances submitted to DC office

Received 8 grievances from the Aps at Zafarganj ( 1.4 km) & 8 grievances submitted to DC office

iv Arrange GRC sessions for redressing grievances

1 GRC session held in Manikgank XEN office on 16/05/17

GRC session held in Manikgank XEN office on 16/05/17

v Conveying GRC decisions to APs

GRC deceided to submit application to DC office.DC office visit these grievances & 8 grievances redressed

GRC deceided to submit application to DC office.DC office visit these grievances & 8 grievances redressed

10. Technical Services

i) Finalization of Resettlement Budget

Resettlement Grant Budget at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) Chauhali Finanlized

Resettlement Grant Budget at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) Chauhali Finanlized

ii) Preparation & printing of brochure /leaflet

450 Brochure printed & also distributed

450 Brochure printed & also distributed

iii) Develop ID numbering system

ID Numbering at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) Chauhali developed

ID Numbering at Zaffarganj ( 1.4 km) , Zaffarganj ( 0.6 km) Chauhali developed

iv) Designing ID card, EP file and EC

ID card, EP file and EC design completed

ID card, EP file and EC design completed

v) Computerization of award data


vi) Development of software for EP & EC

Software for EP & EC developed Software for EP & EC developed

vii) Development of software for CMIS

Software for CMIS developed Software for CMIS developed

11. Assist EPs in the process of Resettlement

i) Preparation (printing) of EP files & ECs

88 EP files & ECs at Zafarganj ( 1.4 km), 26 EP files & ECs at Zafarganj ( 0.6 km) & 52 EP files & ECs at Chauhali has been prepared

88 EP files & ECs at Zafarganj ( 1.4 km), 26 EP files & ECs at Zafarganj ( 0.6 km) & 52 EP files & ECs at Chauhali has been prepared

ii) Payment of entitlement as per policy of RP

Payment Resettlement Grant has been done at Zafarganj ( 1.4 km) among 87 Eps on 15/04/2017 Payment Resettlement Grant at Zafarganj (0.6 km) among 26 Eps is under process ( Cheques ready

Payment Resettlement Grant has been done at Zafarganj ( 1.4 km) among 87 Eps on 15/04/2017 Payment Resettlement Grant at Zafarganj (0.6 km) among 26 Eps is under process ( Cheques ready

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Status Remarks


for distribution) Payment Resettlement Grant at Chauhali among 52 Eps is under process ( Cheques ready for distribution)

for distribution) Payment Resettlement Grant at Chauhali among 52 Eps is under process ( Cheques ready for distribution)

iii) Assist Vulnerable EPs in resettlement

42 Vulnerable EPs assisted at Zafarganj ( 1.4 m) on 15/04/2017 Assist 13 Vulnerable EPs at Chauhali & 26 Vulnerable EPs at Zafarganj ( 0.6 m) is under process

42 Vulnerable EPs assisted at Zafarganj ( 1.4 m) on 15/04/2017 Assist 13 Vulnerable EPs at Chauhali & 26 Vulnerable EPs at Zafarganj ( 0.6 m) is under process

12. Monitoring & Supervision

i) Internal Coordination meeting

32 Nos 08 Nos

ii) BWDB-NGO Coordination meeting

14 Nos 4 Nos

iii) Reporting 15 Nos 6 Nos

4.4 Land Acquisition and Resettlement Issues:

A significant number of progress have already been achieved during January to June 2017, in case of obtaining administrative approval for land acquisition from the Ministry of Water Resources subprojects and placement of fund for paying affected persons for embankment. Several steps of the land acquisition processes are essentially required to be performed at the district level by the District Land Acquisition Officers concerned administered by Deputy Commissioner (DC), which is continuing in progress. However, PD, PMO and SMO have been working with the respective DC offices proactively to expedite the process of paying compensation to the affected landowners in performing the whole LA process on schedule. JVC for embankment of the concerned district completed the assessment of compensation by visiting the sub-project areas physically. Subsequent to the determination of the compensation, VRDS in association with HCL had taken several steps in finalizing the payment procedure like finalize the list of the EPs with ID card, opening the Bank Account, forwarding the proposal to the PD through SMO/XEN for final approval and placement of fund for payment etc.

Steps for Paying Compensation to the Affected Persons

The Following steps have been taken to pay the compensation to the affected persons: ❖ Identification of the affected /Entitlement Persons

❖ Compensation is assessed by PVAT with the finalization of Entitlement Persons and forward to XEN/SMO

❖ XEN office send the list of Affected/ Entitlement Persons (EPs) to project Director (PD) requesting approval and for placement of fund

❖ PD office reviews the list of EPs and approve subsequently places the fund to RAC office

❖ Prepare ID Card for the Entitlement Persons ( EPs) with the assistance of NGO

❖ Openning Bank Account for the EPs to deposit the compensation

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Table 6: Status of Payment of Compensation for sub-reach as per Resettlement Plan

Sl No

Location of Intervention with sub-reaches

Upazilla/ District

Type of Loss

Approved by PVAT & JVT

No. of EPs & CPR Title/ Non-title/Tenants

Compensation (BDT) Status of Compensation

Title Non-Title

Tenants

CPR Total CCL Resettlement Grant

CCL Resettlement Grant

1 Embankment (Koijuri to Hurasagor) incl. 4 regulators in JRB-1

Shajadpur of Sirajgonj and Bera of Pabna

Residence & Business structure, Business loss, Agriculture plot

Not yet done

942

1374 56 12 2384 BDT

1245.27

million

BDT

36.64

million

Not yet Started

Not yet Started

2 Riverbank protection work at Chauhali JLB-2

Chauhali of Sirajgonj; Nagorpur & Sadar of Tangail


Approved

by JVT

176

11 00 02 189 BDT 71.52

million

BDT 1.25

million

Not yet Started

Resettleme

nt Grant

budget has

been

approved

by PD

3 Riverbank protection work at Zafargonj JLB-2 (1.4 Km)

Shibaloy of Manikganj


Approved

by JVT

38 40 12 90 BDT 44.83

million

BDT 1.3

million

Not yet

done

Resettleme

nt Grant

distributed

among 87

EPs on

15/04/17

4 Riverbank

protection

work at

Zafargonj

JLB-2

(0.6km)

Shibaloy,M

anikganj


Approved

by JVT

26 26 BDT 1.08

million

BDT

0.135

million

Do Resettlem

ent Grant

budget

has been

approved

by PD

5 Riverbank

protection

work at

Harirampur

PLB-1

Harirampur

Manikganj


Not yet

done

66 13 02 81 BDT 37.04

million

BDT 0.77

million

Do Not yet

started

Source: Resettlement Plan

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Table 7: Ongoing Monitoring /Action Plan for Land Acquisition & Resettlement Process

Sl

No

Name of the Sub-Reach

Land to be acquired (ha)

LAP submitted to DC

Date of DLAC meeting

LA proposal to land Ministry

LAP approval from land Ministry

LAP approval from DC

Issuance of LA Section-3 by DC

Issuance of section-6 for compensation assessment

Issuance of section-7 for paying final compensation

Remarks /Action required

1 Embankment (Koijuri to

Hurasagor) including 4

regulators in JRB-1

97.91 Submitted

on

23/11/14

14/01/15 Submitted

on

04/06/15

LA Plan

approved

on

20/03/16

LA

approved

by DC

Issued

Section 3

by DC on

12/04/15

Issued

Section-06

on

20/04/16

Issuance of

notice section7

at Bera, Pabna

at other places

of the

embankment

section7 is in

process in the

concerned Dc

office

DC office

to

process

the next

course of

action

2 Chauhali,

JLB-2:

Riverbank

protection

Tangail 13.8 Submitted

on

22/12/16

22/2/17 LAP

approved

by DC

Issuanced

Section-3

by DC on

2/4/17

Section-06

Issuanced

on

20/04/17

Section-07

yet not

issuanced

Do

Sirajgonj Submitted

on

06/12/16

15/3/17 Submitted

on

20/4/17

Approval

under

process

Issuanced

Section-3

by DC on

04/04/17

Section-06

yet not

Issuanced

Section-07

yet not

issuanced

Do

3 Zafargonj,

JLB-2:

Riverbank

protection

Zafargonj

1400 m

3.2 Submitted

on

28/02/17

10/04/17 LAP

approved

by DC

Issuanced

Section-3

by DC on

23/04/17

Section-06

Issuanced

on

21/05/17

Section-07

yet not

issuanced

Do

4 Riverbank

protection

work at

Zaforgonj

JLB-2

Zafarganj

600 m

1.24 Submitted

on

14/12/16

16/2/17 LAP

approved

by DC

Issuanced

Section-3

by DC on

7/3/17

Section-06

Issuanced

on 13/4/17

Section-7 is

going to be

issuanced

by DC for

final

compensati

on

Do

5 Riverbank

protection

work at

Harirampur

PLB-1

Submission to the ministry (MoWR) for Admin. approval

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Table 8: Types of Affected Person under Land acquisition and Resettlement Plan

Sl No

Name of the subproject

No. of Affected HHs & CPR Progress of census

RP preparation

Formation of different committees

No. of grievance received

Title Non-Title ( Uthili) Non-Title (Squatters) Tenants

CPR Total Agriculture land

Residential structure

Commercial structure





1

Embankme

nt (Koijuri

to

Hurasagor)

including 4

regulators

in JRB-1

22 887 33 482 18 768 106 56 12 2384 Comple

ted

Comple

ted

Comple

ted

No

grievan

ce is

yet

found

2

Riverbank

protection

work at

Chauhali,

JLB-2

139 32 05 06 05 02 189 Comple

ted Comple

ted

Comple

ted

Do

3

Riverbank

protection

work at

Zaforgonj,

JLB-2

(1.40Km)

18 14 06 09 18 07 06 12 - 90 Comple

ted

Comple

ted

Comple

ted

8

grieva

nces

are

found

4

Riverbank

protection

work at

Zaforgonj

JLB-2 ( 0.6

km)

26 26 Comple

ted

Comple

ted

Comple

ted

No

grieva

nce is

yet

found

5

Riverbank

protection

work at

Harirampur

PLB-1

43 18 05 07 02 03 01 - 02 Comple

ted

Comple

ted

Not

Done

No

grieva

nce is

yet

found

4.5 Grievance Redress Mechanisms

Grievance Redress Committees (GRCs) has been established to ensure stakeholders participation in the implementation process. Through public consultations, the DPs will be informed that they have a right to grievance redress from the BWDB. The DPs can also call upon the support of the Implementing Agency (IA) engaged to implement the RP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right and award of compensation by the Deputy Commissioner under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances will be redressed within 21 days from the date of lodging the complaints. The GRCs will be formed and activated during RP implementation process to allow DPs sufficient time to lodge complaints and safeguard their recognized interests. Where land acquisition will not be involved but relocation of structures or vacating land from cultivation will be required, the GRCs will facilitate resolution of complaints regarding categorization of vulnerable affected persons, types of structures and eligibility for compensation and assistance within the set guidelines and provisions of the Resettlement Plan. Any complaints of ownership or other suits, to be resolved by judiciaries system, will not be resolved in GRCs. Procedures of resolving grievances are described in Figure below:

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Figure 4: Grievance Redress Flow Chart

4.6 Steps of Land Acquisition Process

Land Acquisition process is complex in nature in terms of following the administrative procedures from the beginning to end. Several mandatory Steps are required to complete the Land Acquisition process in dealing with the administrative Ministry to District Land Acquisition Committee (DLAC) administered by Deputy Commissioner (DC) in connection with the Land Acquisition Acts 1982 of the Govt. of Bangladesh. A flow chart of different steps in dealing with the LA process is given that need to be followed chronologically to obtain the land finally: Figure 5: Land Acquisition Flow Chart

Stage 1 Finding suitable land at various locations for project purposes subsequently submit the proposal to the Ministry by MoWR

Reconnaissance Survey

Stage 2 Administrative Approval given by the Ministry From Govt. (Ministry of Water Resources) through BWDB

Stage 3 Plot wise Topographic survey By Surveyors

Stage 4 Preparation of Mouza‐wise maps & proposals for Land

Acquisition

Mouza (area)-wise map

Stage 5 Submission of proposals to D.C through BWDB BWDB to Deputy Commissioner

Stage 6 Review by D.C Proposal Review

Stage 7 Feasibility Study by D.C Office Field Visit

Stage 8 DLAC Meeting & Approval District Land Allocation Committee meeting to approve or reject

Stage 9 File LA Cases & Issue Notice under Section 3 Notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982

Stage 10 Joint field verification By D.C and BWDB

Stage 11 Objection hearing – under Section‐4, if objection is raise From affected landowner within 15 days period

Application submitted to GRC through Sectional officer/ INGO

Complaints under arbitration or Existing LA law

PD for approval

Not under Arbitration or lawto be settled as per RP Policy

GRC members

• BWDB Representative

• Union Parishad Representative

• APs Representative

• Concerned branch of BWDB Representative

GRC Hearing within 21 days of lodging the claim

Not Redressed

Aggrieved Persons

Scrutinization of Complaints by GRC

Referred to DC

Redressed

District Judge

Recommendation for Compensation Claim

Seeking legal Settlement

Decisiona accepted

INGO for Payment

27 | P a g e

Stage 12 Preparation of estimate & approval Sent to the div. commissioner if any objection in case of above 50 bighas(16.5 ac)

Stage 13 Sent to the Prime Minister through Ministry of Land for approval in case above 50 bighas (16.5ac) – 30 days

Goes back to D.C after approval

Stage 14 Notice Under Section ‐6 2nd Notice to landowners

Stage 15 Land value & compensation data collection Done locally by D.C/govt.

Stage 16 Preparation of estimate & approval Recording (Paperwork) in D.C office

Stage 17 Demand Notice for Fund D.C to BWDB and payment based on BWDB approvalStage 18 Fund Placement

Stage 18 Fund Placement Payment to D.C by issuing Demand Draft

Stage 19 Fund Collection & preparation of award Done by D.C office

Stage 20 Notice Section 7 20. 3rd and final Notice to landowners 3rd and final Notice to landowners

Stage 21 Start payment by D.C (10 days) to Landowners & Possession Hand over ‐6 days

Land possession handover to BWDB by D.C then BWDB to userdepartment

Stage 22 Gazette Notification – no time frame Done afterwards through D.C

Stage 23 Mutation – no time frame To mutate land in the name of BWDB, then yearly Government Land Development Tax is to be paid by BWDB.

4.7 Potential Monitoring Indicators for Sub-Reach

The following indicators have been designed for monitoring the land acquisition and Resettlement activities that are being in progress at the field level. However, in this period of activities, no significant changes are observed in case of fulfilling the monitoring indicators as land Acquisition (LA) plans are being functioned under the executive jurisdiction of the respective Land Acquisition officers administrated by DC offices those are in progress. Table 9: Monitoring Indicators for Sub-Projects

Type of Monitoring Monitoring Indicators Not Applicable (N/A),Yes/No /In progress /Yet to be done

Remarks

Budget frame Have all land acquisition and resettlement staff been appointed and mobilized for the field and office work on schedule?

Yes

Have Capacity Building and training activities been completed on schedule Yes Are resettlement implementation avtivities being achieved against agreed implementation plan

In Progress

Are funds for resettlement being allocated to resettlement agencies on time In Progress Have resettlement offices received the scheduled funds In Progress Have funds been disbursed according to RP In Progress Has the social preparation phase taken place as scheduled In Progress Has all land been acquired and occupied in time for project implementation In Progress

Delivery of AP Entitlements

Have all APs received entitlements according to numbers and categories of loss set out in the entitlement matrix?

In Progress

Have APs received payments on time? In Progress Have APs losing from temporary land borrow been compensated? In Progress How many APs households have received land titles? Not Start How many APs have received housing as per relocation options in the RP? N/A Have relocation sites been selected & developed as per agreed standards? N/A Have affected businesses received entitlements including transfer & payments for net losses resulting from lost business & stoppage of production?

In Progress

Have consultations taken place as scheduled including meetings, groups, community activities? Have resettlement leaflets been prepared and distributed?

In Progress

How many APs know their entitlements? How many know if they have been received?

In Progress

Have many APs used the grievance redress procedures? Not yet done

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4.8 Activities of Implementing NGO

Development of MIS

VRDS-HCL developed MIS for determining the losses, disbursing the compensation payment and affected households. The data generated by the field offices are being used as technical inputs of the MIS. The MIS Specialist and the Database Manager have been developing the MIS at the central office of Dhaka. Formation of Focus Group

The Focus Groups are formed in involving the affected persons who will be received Notices under the different sections of Land Acquisition Acts. These Notices are imposed on the landowners under Section-3, 6, & 7 of the LA such as Notice of the information of Land Acquisition, Objections given by the Landowners, Objections Hearing and resolving the Objections, determination of the acquired land price and payment to the entitlement persons by the Deputy Commissioner concerned. Focus Group consists of about 20 members headed by a Chairman and assisted by a Secretary nominated by the members themselves. The Secretary Focus Group arranges the meetings preferably once in two months. The Chairman conducts the meetings and the Secretary records the minutes of the meetings. The Resettlement Workers of VRDS-HCL facilitate the meetings by providing necessary information and technical assistance. In addition, VRDS-HCL has started the formation of focus groups in different project sites. Stakeholders’ Meetings

Since inception, VRDS-HCL has started establishing face-to-face contact with the APs. Focus Group Meetings are entry point for the stakeholders where APs/EPs are given an opportunity to discuss the issues related resettlement, relocation, compensation, gender, project assistances and grievances. These are APs social institutions for ventilating resettlement issues services need from time to time. However, during the period of July to December 2016, VRDS-HCL conducted 19-stakeholders meeting in the 03 regions and 510 stakeholders attended those meetings, of them 345 male and 145 female. The following table reflects the status of the stakeholders meetings. Table 10: Status of the Stakeholders Meetings

Sl No Subreach Area / Locations No of Stakeholders’ meetings

No of participants Remarks

Male Female Total

1 Embankment (Koijuri to Hurasagor) including 4 Regulators in JRB-1

20 450 170 620

2 Riverbank protection work at Chauhali JLB-2 10 240 90 330

3 Riverbank protection work at Zafargonj JLB-2 (14km) 8 150 65 215

4 Riverbank protection work at Zafargonj JLB-2 (600m) 05 30 15 45

5 Riverbank protection work at Harirampur PLB-1 06 140 65 205

Total 49 1010 405 1415

Distribution of Booklets/Brochures

The Information Booklets has been developed by the project in Bangla and other brochures are being distributed among stakeholders/beneficiaries/UP Chairman and UP members of subproject sites at the Focus Group/stakeholders’ meetings. The entitled persons are addressed with this instrument. Through the booklets / brochures, entitlements of the EPs are disclosed. The EPs are concerned about their Payment of Compensation both from the Deputy Commissioner and VRDS-HCL /BWDB office. The above booklet reflects detail guidelines how to address their concern.

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4.9 Gender and Development

Both the Government and the development partners have identified Gender and Development issues as crosscutting priority in order to enable women and girls to get the benefit of development and thus reduce the existing gap in their comparative situation with men and boys. Gender is socially determined characteristics of men/women and boys/girls. Through involving sub-project activities, pro-poor women have the opportunity for creating dynamism in the perspective of income generation, livelihoods promotion, and hygienic behavior in case of health, water and sanitation, awareness of gender discrimination etc. A new era of women in the field of development in the different project areas has been created through these trainings under the projects. In case of land acquisition and resettlement activities of project, women are given due attention to get equal opportunities for obtaining entitlement of acquired lands and providing compensation and resettlement to them if they are affected in this connection. Despite the formal training, VRDS-HCL in Joint venture has taken initiatives to invite women in the stakeholders meetings at the project site although the participation found unsatisfactory was despite all out efforts taken by VRDS-HCL. However, women participants were encouraged to sit in the Stakeholders / Focus Group meetings to raise their voices along side with man over the issues of land acquisition and resettlement particularly apart from other gender issues. However, issues of gender discrimination and the oppression of the society in different forms over women discussed in the stakeholder’s meetings in which they took part in sharing their grievances. Women mainly emphasized on getting opportunity for involving them in the development activities for raising incomes as women suffered for getting those opportunities in comparing with their male counterpart, as they have been backward in dealing with the poverty.

4.10 Way Forward – Proposed Activities

▪ Monitor the land acquisition and resettlement process in dealing with the DC offices and VRDS-HCL Joint venture/INGO.

▪ Ensure pro-active role of DC offices & different committees like PAVT/JVT for reinforcing the resettlement activities in the field.

▪ Monitor the function of different committees for Land Acquisition and Resettlement ▪ Determine the compensation package for the land acquisition and resettlement ▪ Determine and finalize the Entitlement Persons (EPs) in case of land acquisition and

resettlement for subprojects ▪ Preparation of Identity Cards for the Entitlement Person/Affected People ▪ Monitor the Grievances raised by the Affected Households/Persons and give attention to GRC

for final resolution. ▪ Monitor the opening of Bank Account for the EPs ▪ Monitor the payment procedure of the compensation to the Entitlement Persons ▪ Monitor the deposition of compensation to the Bank Account of EPs ▪ Proper documentation of the payment of the compensation to be done by VRDS-HCL Joint

venture. ▪ Ensure proactive role of VRDS-HCL Joint venturein dealing with the DC and SMO offices by

deploying professional personnel at the field. ▪ Ensure the quality of the reports of VRDS-HCL Joint venture. ▪ Ensure the monitoring activities of VRDS-HCL Joint ventureby Resettlement Specialist by visiting

subprojects as and when required.

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5. Reasons for starting resettlement activities in Bank Protection during construction work

The riverbank protection work supported by temporary wave protection above the water level at Chauhali, Zafargonj and Harirampur which was completed as per design during June 2016 and inspected by the ADB mission held in April 2016. The protective works implemented approximately 18 km of riverbanks at Chauhali, Zafargonj and Harirampur before July 2016 performed satisfactory but now requires strengthening. The above water slope has substantial instability issues, leading to an increased risk of failure during future flood sessions. This risk can only be mitigated through the construction of permanent protection, on flatter slopes, which is currently ongoing in Chauhali and Zafargonj. The underwater damping and temporary slope protection was completed before June 2016. To fight with the ensuing flood season it was essential to protect riverbankline, otherwise there was possibility to shift the bank line causing lose of life and properties. In this short span of time, it was not possible to pay CCL and resettlement grant after completing all the formalities of land acquisition process by the concerned DC office as well as payment of resettlement grant. The land acquisition plans of bank protective works have been submitted to the concerned Deputy Commissioner in Tangail and Manikganj on December 2016. However, through census and socio-economic survey, INGO identified and recorded 88 affected households at Zafarganj RBP (1.4 km), 26 affected households at Zafarganj RBP (0.6 km) and 187 affected households at Chauhali before cutting the slope of the riverbank for permanent works. The locations have also been recorded through video fliming. The concerned DCs also recorded those titled EPs and in process of CCL payment. The process of giving full compensation and resettlement grants is on going and every EP will get payment as per approved entitlement matrix. During 3-11 May 2017, ADB Safeguard Mission was held when Mr. Manasa Kumar Mohanty, ADB Consultant from HQ visited Bangladesh. He attended several meetings with project personnel and INGO, reviewed the record keeping in office and then visited project sites to see the physical progress in the field; he visited Zafargonj and Chauhali protective works; also construction of Embankment. There was nothing-kept hiden to the safeguard mission but explained to make him understand why things had been happened because we have to protect the project. Monitoring system and documentation process was helpful at this stage. During and after his site visits he had numbers of meetings with Project officials, BWDB, Management Consultant of the Project and INGO for sharing ideas related to implementation of resettlement issues of the project. During discussion, Mr. Mohanty pointed out some shortfall of the resettlement activities. For example, he observed that some structures in Chauhali site have not been included in Deputy Commissioner, Sirajgonj compensation list as the slope of the protective work was cut down well before Joint verification done by DC office. On query, the project officials informed that the progressive erosion of the river was so acute, that they had to save life and properties on priority basis. Therefore, the project had to build the slope to avoid further loss of property. The people of the area willingly relocated nearby, as they understand BWDB is taking quickstep to check the progressive erosion. However, before cutting the slope, the APs were duly assessed and the PAPs were happy to understand the steps taken by BWDB. The mission leader from HQ suggested the Project official if DC do not pay the compensation of these structures, then BWDB will have to pay the compensation. BWDB agreed to pay the compensation of the said structures. Mr. Mohanty reminded the project official to install signboard of Grievance Redress Committee in each sub-project area and convene meeting of GRC in every month.

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Progress of suggested matters by ADB Safeguard Mission of HQ:

(i) Signboards to display GRC and inform PAPs about the Grievance issues have been installed at

each site.

(ii) Monitoring is on going to hold the GRC meeting in every month in every site.

(iii) Assessment of squatters for Embankment have been rechecked and finalizing the RP for

embankment to send to ADB for approval.

(iv) Total 8 (eight) nos. of grievances for Zafaregonj (1.4 km) site have been received by GRC and

meeting have been convened to solve these grievances.

(v) Total fund of Tk.46.72 lakh has been transferred to DC Manikganj for CCL payment in June, 2017

for Zafargonj RBP (600m)

(vi) Cheques for payment of resettlement benefit to the APs of Chauhali and Zafargonj sites (600m)

are ready for disbursement.

6. Conclusions and Recommendations

The resettlement process of FRERMIP covers compensation and resettlement assistance for the Project Affected People of their households, business structures and other lost assets in connection with the riverbank protection works under four nos of RPs and construction/rehabilitation of embankment under one no of RPs. The RPs also included women headed and vulnerable household allowance for resettlement assistance. Mitigation of loss of assets and livelihood is the focus of the Resettlement Plan. A livelihood program is included in the project-aiming enhancement of livelihood of the project-affected people. Resettlement Plan would be implemented as per resettlement framework and compensation policy so that the project-affected persons must not be worse off than their present social and economic status due to the project because of shifting to other places and relocation. In this project, the design, compensation, relocation options, benefits and adverse social impacts were discussed with the affected persons and their community. The stakeholders were asked for their views on the project overall as well as more specific discussion about occupying the government land, compensation process, relocation requirements, and views on alternative options. Women and other vulnerable groups had also been consulted regarding the specific project impacts and their livelihood aspects. The Project further provides several 'best practice' examples in resettlement management by encouraging community consultation and participation of Affected Persons (APs) in decision-making process. Mitigation of loss of Assets and Restoration of Livelihood are the focus of the Resettlement Plan. Social Development Program was there in LRP as an innovative experiment to restore livelihood of APs. Hence, it deserves implementation and these best practices need to emphasize strongly and mandated in any future policy development. Some strength those are core elements of planning and some weaknesses that were badly experienced during implementation deserve as 'Lessons Learned' for future and can be followed as recommendations. These feedbacks may provide into the formulation of new direction and procedures in future Resettlement Policy development in Bangladesh. Approval of Resettlement Plan (RP), Land Acquisition (LA) Plan, and constitution of different committees/teams, approval of Compensation Budget and release of compensation fund should take place well before the physical work of the project starts. So that disbursement and payment of CCL and RB could be made before displacement from right of way. Land acquisition schedule should synchronize with the resettlement program to ensure disbursement of compensation both CCL and Resettlement Benefit almost simultaneously for enabling EPs utilize the total compensation money prudently for replacement of lost assets. All stipulations i.e. Tree Plantation, Social Development, Income Generation, etc. the programs need to be clearly and fully expressed, their implementation emphasized and mandated in the Plan.

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Grivences and dispute resolution mechanism through the Grievance Redress Committee (GRC) had been adopted in this project and highly recommended for any future policy guideline to make the implementation of RP transparent and accountable.

7. Annexures:

Annex I: Project Entitlement Matrix

The entitlement matrix describes major types of losses attached to land acquisition and resettlement. The Project will assist the APs in clustered relocations with community facilities or, alternatively, in self-relocation. APs may be relocated to BWDB land (if available) or to plots purchased (by the APs) for which assistance is provided in the form of homestead land development. In addition to the CCL, Resettlement Benefits as per the entitlement matrix will be provided to the APs.

General Implementation Issues and application Guidelines

1. PVAT

BWDB will setup a Property Valuation Advisory Team (PVAT) at the BWDB Division level. The tasks of this PVAT are:

a) Recommend Resettlement Cost (RC) based on Current Market Price (CMP) analysis for Land, Structures, Trees

and standing Crops

b) CMP will be assessed for every affected mauza

c) In case of Land averaging (i) minimum approved price of land available at respective Sub-registrars’ offices, (ii)

reported price, and (iii) transacted price of land at those mouzas (CMP should not be less than minimum

approved price of land). RC will be obtained by adding the titling cost prorated on the CMP thus obtained

(RC=CMP+CMPxa%, where ‘a’ is the rate of applicable registration cost for purchasing the land for CMP

equivalent amount of money).

d) For all private land, the market price3will be enhanced by 50% for compensation under law (CCL). For khas land

(DC is the owner at respective districts on behalf of the government), CCL will be the assessed market price

without 50% enhancement.

e) RC for structure considering the cost of materials, labor inputs and land development cost at current market

rates;

f) RC will be approved by the Project Director;

2. INGO

BWDB will engage a NGO to support implementation of resettlement plan i.e. to support the implementation of all

land acquisition and resettlement activities. The NGO (INGO) will

a) Identify all persons who have interest in the lands that will be acquired under the project (owner, tenants,

operators etc.;

b) identify all informal occupier/settler on the right of way of new embankment, rehabilitation embankment and

RBP works;

c) Make the landowners/tenant/informal occupier aware about details of land acquisition process,

compensation entitlement, payment procedure/ mechanism, resettlement benefit offered by the project.

d) Legal owners will be assisted by INGO to organize legal documents in support of their ownership

e) INGO will identify loss and entitlement of female owners and co-sharers through share determination at the

field upon receipt of payment data from the DC office

f) The INGO will inform the APs of the details of the land acquisition and compensation process, resettlement package and payment procedure.

g) The INGO shall encourage Entitled Persons (EPs) to consider purchasing land or investing the money in

3 The price is recorded as of recent land sale transactions in government documents.

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productive/income generating activities.

3. JVT

a) The loss inventory items and quantities as well as the Entitled Persons (EP) shall be verified in the field through Joint Verification Team (JVT) formed by DC. The members of PVAT will attend field verification by JVT.

b) The JVT will verify the socially recognized User as identified by the Census

4. BWDB field office (Executive Engineer) will do Title updating for usufruct and other rights before issuance of notice with assistance from INGO

5. DC will pay CCL for the Loss Items. If RC is higher than CCL, the difference will be paid by BWDB with assistance from INGO.

6. Compensation for Structures: a) Joint Verification (DC and BWDB) and/or Census will identify (record floor areas and category) of structure

b) Compensation must be paid before AP dismantle and remove the structures as per civil works requirement

c) The date of service of notice will be recognized as the cut-off date for structures not recognized by DC. In

case of major differences identified between databases, BWDB will verify the data through the Joint

Verification Team (JVT).

d) The owner is allowed to take all salvageable material

e) The RC will be paid minus the Cost for reusable material

Unit of Entitlement Entitlements Applicable Law Additional Services

Loss Item 1: LOSS OF AGRICULTURAL LAND

Legal owner(s) as identified by Deputy Commissioner (DC) in the process of CCL payment

Replacement Cost (RC)4

of agricultural land

LA Act 1982 Sec 8

(1) (a), Sec 8(2)

Special Implementation Issues and application Guidelines: None

Loss Item 2: LOSS OF HOMESTEAD, COMMERCIAL, INDUSTRIAL LAND AND COMMON PROPERTY RESOURCES

Legal owner(s)

as identified

by DC in the

process of CCL

payment.

RC of land

A plot in the residential or

commercial area of the

resettlement village (RV), if

required, for the homestead or

commercial land losers

respectively

LA Act 1982

Sec 8(1)(a),

Sec 8(2)

RVs for the APs of entitled land-owners will be

developed on privately-owned purchased

land(s) inside the embankment in close

proximity to AH population.

BWDB will assist purchase of above land(s)

jointly with INGO on negotiated price and

homestead land development (earth filling, if

needed.) with internal road links.


Loss Item 3: LOSS OF WATER BODIES (PONDS, BOTH CULTIVATED AND NON-CULTIVATED)

Legal owner(s) as identified by DC in the

process of CCL payment.

RC of the water body

(private land)

LA Act 1982

Sec 8(1)(a), Sec

8(2)

.

4The costs of replacing lost assets (e.g. land, houses/structures, trees and crops) and income, including cost of transaction

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Loss Item 4: LOSS OF RESIDENTIAL STRUCTURES WITH TITLE TO LAND

Legal owner(s) as

identified by DC in

the process of CCL

payment.

1. RC of residential structure

2. Transfer Grant @ Tk. 10 per sft of affected

structure but not exceeding Tk. 3,000.

3. Reconstruction and Homestead Development

Grant (RHDG) of Tk. 8,000.

LA Act1982

Sec 8(1)(d)

Sec 8(2)

Assistance in relocation

and reconstruction

Special Implementation Issues and application Guidelines:

Loss Item 5: LOSS OF COMMERCIAL/INDUSTRIAL/COMMON RESOURCE PROPERTY (CPR) STRUCTURES WITH TITLE

TO LAND

Legal owners as identified by

DC in the process of CCL

payment.

1. RC of commercial, industrial, CPR

structure

2. Transfer Grant @ Tk. 10 per sft of

affected structure but not exceeding

Tk. 3,000.

3. Reconstruction Grant of TK10,000.

LA Act1982

Sec 8(1)(d)

Sec 8(2)

Assistance

in relocation and

reconstruction.


Loss Item 6: LOSS OF RESIDENTIAL AND OTHER P

HYSICAL STRUCTURES (WITHOUT TITLE TO LAND)

Socially recognized owners of structures

built on the ROW

RC of structure

2. Transfer Grant @ Tk.

10 (ten) per sft of

affected structure but

not exceeding Tk. 3,000

3. Reconstruction and

Homestead

Development Grant

(RHDG) of Tk. 8,000

plus a provisional option

of obtaining a free land

from BWDB in an RV on

the ROW with

community facilities.

LA Act1982

Sec 8(1)(d)

Sec 8(2)


1. The homestead losers will produce documentary evidence and the BWDB through JVT will cross verify the

landlessness of the homestead losers for allocation of an RV plot for free.

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2. The INGO will assist the APs to move to clustered relocations (resettlement villages) with community facilities or,

alternatively, in self-relocation. The APs may be relocated to BWDB land (if available) or plots purchased (by the

APs) for which assistance will be provided in the form of homestead land development.

Loss Item 7: LOSS OF TIMBER AND FRUIT BEARING TREES, BAMBOO AND BANANA GROVES

Legal owner(s) as

identified by the DC in

the process of CCL

payment.

2. Socially recognized

owners of trees grown on

public or other land

1. Timber trees and bamboo: RC of trees and

bamboo.

2. Fruit-bearing trees without timber: if the

tree is at or near fruit-bearing stage, the

estimated current market value of the fruit.

3. Fruit-bearing trees with timber: RC for the

timber, and estimated current market value of

fruit.

4. Banana groves: RC of all trees

5. Owners will be allowed to fell trees and take

the timber, free of cost after payment of CCL

or RC as applicable.

LA Act1982

Sec 8(1)(b)

Sec 8(2)

INGO to explain RP

policies regarding

compensation for the

trees of different

categories and size

and make the EPs

aware that they

could take the timber

and fruits free of

cost.


The INGO will provide guidance in plantation and post-plantation care.

Loss Item 8: LOSS OF STANDING CROPS/FISH STOCK

Legal owners identified by the DC in

progress of CCL payment

Socially recognized owners

RC of standing crops/fish stock Owners will be allowed to harvest crops and fish stock

LA Act1982

Sec 8(1)(b)

Sec 8(2)

INGO will assist APs in the

process of claiming

compensation from DC offices

for organizing necessary

documents.


Loss Item 9: LOSS OF LEASED /MORTGAGED IN LAND/PONDS

Leaseholder with legal papers

Socially recognized lessee or

sharecropper, in case of customary

informal tenancy arrangements,

including socially recognized

agreements.

RC of crops/fish stock

Outstanding lease

money back to the

lessee by the owner as

per agreement

INGO will assist in ensuring that

the lessee receives all eligible

payments.

INGO will mediate refund of

outstanding lease money by the

owner to the lessees.


1. With legal agreement: Legal owner and mortgagee/leaseholder will be paid CCL by DC in accordance by the law

2. With customary tenancy agreements, including socially-recognized verbal agreements: Legal owner will receive

CCL from DC. The legal owner will pay the outstanding liabilities to the lessee/mortgagee. Under the following

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conditions: (i) all contractual liabilities are already paid up; (ii) if not, the legal owner will get the residual payment

after all liabilities are paid up. 3. BWDB will ensure RC of crops to the cultivator with direct payment of the

difference, if CCL is less than RC, with assistance from INGO. 4. Dislocation Allowance will be paid to the actual

cultivator of the acquired land by BWDB with assistance from INGO.

Loss Item 10: LOSS OF INCOME FROM DISPLACED COMMERCIAL/ INDUSTRIAL PREMISES (OWNER OPERATED)

Any proprietor or businessman or

artisan operating in premises

1. Grant for Loss of

Business @ 5% of DC’s

payment for the

structure.

2. One time Moving

Assistance of Tk. 5,000

for tenants.

3. Option to purchase

a plot in the RV, with

the assistance of the

INGO

LA Act1982

Sec 8(1)(d)

Sec 8(2)

EPs will be brought under income

and livelihood regenerating

program (ILRP).


All the business operators will be entitled for grant against loss of The onetime moving assistance will be provided

to only the tenants.

Loss Item 11: TEMPORARY LOSS OF INCOME (WAGE EARNERS IN AGRICULTURE, COMMERCE & SMALL

BUSINESS AND INDUSTRY)

Regular wage earners affected by the

acquisition.

1. Tk. 2,500 per

affected household

(AH)

2. Or Tk. 3,500 for AH

headed by women

3. Employment in the

Project construction

work, if possible

1. EPs will be brought under the

ILRP.


EP must have been an employee of landowner or business located in the acquired lands for at least twelve months,

as identified by Joint Verification and/or a contracted institution or a consulting company’s census.

Loss Item 12: LOSS OF INCOME FROM RENTED -OUT AND ACCESS TO RENTED-IN RESIDENTIAL/

COMMERCIAL PREMISES

1. Owner of the rented-out premises

2. AH/person rented-in any such

structure

Dislocation Allowance of

Tk.4,000 for each unit of

premises to both the

renter and the rentees

LA Act1982

Sec 8(1)(d)

Sec 8(2)

EPs will be brought under

the ILRP.

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Loss Item 13: ADVERSE IMPACT ON HOST POPULATION DUE TO RELOCATION OF APs

Households self-relocated to the host

villages

Enhancement of

carrying capacity of

common civic

amenities/utilities of the

host communities as per

assessment by BWDB.

1. Investment in the

host area to

improve health,

education, and

other public

services.

2. Forestation in the

host area.


Community needs for enhancement of common facilities in host areas will be assessed through a needs assessment

survey.

Loss Item 14: VULNERABLE AHs SPECIAL ASSISTANCE

Vulnerable AH Assistance: Female-headed

households, disabled, elderly, extremely

poor and those losing more than 10% of

their income to acquisition of land or

business.

One-Time Special

Assistance Grant of Tk

5,000

Skill training and credit

support under ILRP.

EPs will be brought

under the ILRP.


1. Loss of income will be assessed as per actual loss of productive resources (land and businesses) to the project

and the total income of the affected households from all sources through Census of all AHs.

2. JVT will verify the percentage of loss comparing the actual loss and the total income from all sources of the

affected households.

3. Households turning into landless due to acquisition of agricultural land will be eligible for larger credit from the

ILRP for longer duration.

Loss Item 15: LOSS OF SUBMERGED LAND (ERODED LAND)

1. Legal owner(s) of land (DC's

khas land after legally established

AD

Line).

2. Previous private owners of

land below AD Line

1. In absence of legally established AD

line, all entitlements as provisioned for

Loss Item 1.

2. In case of khas land, CCL to respective

DCs.

3. RC of khas land to previous owner(s).

LA Act 1982

Sec 8(1)(a),

Sec 8(2)


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Loss Item 16: UNFORESEEN ADVERSE IMPACTS

Households/persons affected by any

unforeseen impact identified during RP

implementation

Entitlements will be

determined as per the

resettlement policy

framework

As appropriate


The unforeseen impacts and affected persons will be identified with due care as per policy framework and

proposed to the MoWR and the ADB for approval including quantity of losses, their owners and the entitlements.

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Annex II: Government Order for JVT, PVAT & GRC

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Annex III: Pictoral Views with Project officials and ADB Safeguard Mission

The End

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