Resettlement Plan

November 2019

India: Maharashtra State Road Improvement Project

Improvement to Riddhipur Tiswa Anjansingi Dhamangaon Devao Yavatmal Road in District

Amravati & Yavatmal

EPC -6, SH 300 (Part 1)

Prepared by Public Works Department, Government of Maharashtra for the Asian Development

Bank.

CURRENCY EQUIVALENTS (as of 1st August 2019)

Currency unit – Indian rupees (₹)

₹1.00 = $0.0144 $1.00 = ₹69.47

NOTES

(i) The fiscal year (FY) of the Government of India and its agencies ends on 31 March.

“FY” before a calendar year denotes the year in which the fiscal year ends, e.g.,

FY2019 ends on 31 March 2019.

(ii) In this report, “$” refers to US dollars.

This resettlement plan 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.

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ABBREVIATIONS

ADB Asian Development Bank

AP Affected Person

ARO Assistant Resettlement Officer

AE Assistant Engineer

BPL Below Poverty Line

BSR Basic Schedule of Rates

CAP Corrective Action Plan

CE Chief Engineer

CoI Corridor of Impact

CPR Common Property Resources DC District Collector

DLAO District Land Acquisition Officer

DP Displaced Person

DH Displaced Household

DPR Detailed Project Report

EA Executing Agency

EE Executive Engineer

EPC Engineering Procurement and Construction

FGD Focus Group Discussion

FHH Female Headed Household

GOI Government of India

GOM Government of Maharashtra

GRC Grievance Redress Cell

GRM Grievance Redress Mechanism

HH Household

IP Indigenous People

IPP Indigenous People Planning

IR Involuntary Resettlement

LA Land Acquisition

LAA Land Acquisition Act

LAP Land Acquisition Plan

LAR Land Acquisition and Resettlement

LVC Land Valuation Committee

M&E Monitoring and Evaluation

MAW Minimum Agricultural Wage

MPWD Maharashtra Public Works Department

MSRIP Maharashtra State Road Improvement Project

NGO Non-Government Organization

NTH Non-Titled Holder

OBC Other Backward Classes

PIU Project Implementation Unit

PMC Project Management Cell

PRoW Proposed Right of Way

PWD Public Works Department

resettlement and

rehabilitation

Resettlement & Rehabilitation

RFCTLARR

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act

RO Resettlement Officer

ROW Right of Way

resettlement plan Resettlement Plan

SC Schedule Caste

SDO Social Development Officer

SE Superintending Engineer

SES Socio Economic Survey

SIA Social Impact Assessment

SPS Safeguard Policy Statement

SRU Social &Resettlement Unit

ST Schedule Tribe

TH Titled Holder

TOR Terms of References

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CONTENTS

EXECUTIVE SUMMARY ............................................................................................................ 9

A. Project Description .............................................................................................................. 9

B. Objective of Resettlement Plan..........................................................................................10

C. Scope of Land Acquisition and Resettlement ....................................................................10

D. Socioeconomic Information and Profile .............................................................................11

E. Stakeholders Consultation and Participation ......................................................................11

F. Legal Framework ...............................................................................................................12

G. Entitlements, Assistance and Benefits ...............................................................................12

H. Relocation of Housing and Settlements .............................................................................12

I. Income Restoration and Rehabilitation................................................................................13

J. Resettlement Budget and Financing Plan ..........................................................................13

K. Grievance Redressal Mechanism ......................................................................................13

L. Institutional Arrangement ...................................................................................................13

M. Implementation Schedule ..................................................................................................13

N. Monitoring and Reporting ..................................................................................................14

I. INTRODUCTION ................................................................................................................... 15

A. Background .......................................................................................................................15

B. Minimization of Impact .......................................................................................................19

C. Project Impacts and Benefits .............................................................................................19

D. Scope and Objective of Resettlement Plan (resettlement plan) .........................................20

E. Methodology for Resettlement Plan ...................................................................................24

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ......................................... 26

B. Resettlement Impacts ........................................................................................................26

C. Loss of Private Structures in the Project ............................................................................26

D. Type of Private Structure in the Project .............................................................................27

E. Use of Private Structures affected by the Project ...............................................................27

F. Type of Construction of Affected Structures .......................................................................28

G. Loss of Livelihood in the Project .......................................................................................28

III. SOCIO-ECONOMIC INFORMATION AND PROFILE .......................................................... 30

A. Project Area Profile ............................................................................................................30

B. Demography of Displaced Persons (DPs) ..........................................................................31

C. Social Structure among Displaced Persons (DPs) .............................................................31

D. Vulnerability .......................................................................................................................32

E. Annual Income Level of the Affected Household ................................................................32

F. Primary Income Earners and Sources of Income ...............................................................33

G. Occupational structure .......................................................................................................33

H. Educational Status .............................................................................................................33

I. Impact on Gender ..............................................................................................................34

J. Project Impact on Indigenous People ..............................................................................35

IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE.......................... 36

A. Identification of Stakeholders .............................................................................................36

B. Public Consultation in the Project ......................................................................................36

C. Methods of Public Consultation .........................................................................................36

D. Scope of Consultation and Issues .....................................................................................36

E. Findings of the Public Consultations ..................................................................................37

F. Consultation with Officials and Other Stakeholders ............................................................40

G. Plan for further Consultation in the Project ........................................................................40

H. Information Disclosure .......................................................................................................42

V. LEGAL FRAMEWORK ......................................................................................................... 43

A. Country Legal and Regulatory System ...............................................................................43

B. ADB Safeguard Policy Statement (SPS), 2009 ..................................................................45

C. Maharashtra Direct Purchase Policy ..................................................................................46

D. Comparison of Country and ADB Policy and Measures to Fill Gaps ..................................48

E. IR Policy Adopted for the Project .......................................................................................52

VI. ELIGIBILITY AND ENTITLEMENTS .................................................................................... 55

A. Eligibility under the Project .................................................................................................55

B. Entitlement Matrix ..............................................................................................................57

VII. RELOCATION OF HOUSING AND SETTLEMENTS ......................................................... 66

VIII INCOME RESTORATION AND REHABILATION……………………………………………...69 A Loss of Livelihoods in the Project……………………………………………………………. 69 B. Provisions for Loss of Livelihood…………………………………………………………….. 69 IX- RESETTLEMENT BUDGET ............................................................................................... 69

X. GRIEVANCE REDRESS MECHANISM ................................................................................ 72

Level 1: PIU and field level.....................................................................................................72

Level 2: State Level ...............................................................................................................72

Level 3: Court of Law .............................................................................................................73

XI. INSTITUTIONAL ARRANGEMENTS ................................................................................... 75

A. Institutional Requirement ...................................................................................................75

B. Executing Agency ..............................................................................................................75

C. Project Management Unit ..................................................................................................76

D. Resettlement Management at Project Implementation Unit (PIU) ......................................75

E. Nongovernment Organization (NGO) .................................................................................77

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F. Capacity Building ...............................................................................................................78

XII. MONITORING AND EVALUATION..................................................................................... 80

A. Need for Monitoring and Reporting ....................................................................................80

B. Internal Monitoring .............................................................................................................80

C. Stages of Monitoring ..........................................................................................................81

D. Monitoring Indicators .........................................................................................................82

E. Reporting Requirements ....................................................................................................82

XIII. IMPLEMENTATION SCHEDULE ....................................................................................... 83

A. Schedules for Project Implementation ................................................................................83

B. resettlement and rehabilitation Implementation Schedule ..................................................83

List of Appendix Appendix 1: Census and Socio Economic Questionnaire ........................................................ 867

Appendix 2: List of Affected DPs ............................................................................................ 978

Appendix 3: List of CPRs ........................................................................................................ 101

Appendix 4 : Public Consultation Meeting ............................................................................... 103

Appendix 5: Terms of Reference for NGO ............................................................................... 130

Appendix 6: Photos of Non- Titleholders ................................................................................. 139

List of Tables

Table (a): Summary Project Impacts ......................................................................................... 11

Table No. 1: Detail of Project Road ........................................................................................... 15

Table No. 2: Town and villages along the Project Road ............................................................ 22

Table No. 3: Summary of Existing Carriageway ........................................................................ 23

Table No. 4: Loss of Private Structures in the Project ............................................................... 26

Table No. 5: Magnitude of Impacts on structure ........................................................................ 27

Table No. 6: Type of Private structures affected by the Project ................................................. 27

Table No. 7: Use of Private structures affected by the Project ................................................... 27

Table No. 8: Type of Construction of Affected Structure ............................................................ 28

Table No. 9: Loss of Livelihood in the Project ........................................................................... 28

Table No. 10: Type of Affected CPR ......................................................................................... 29

Table No. 11: Key socio-demographic data of the state and the Project district ........................ 30

Table No. 12: Details Displaced Population .............................................................................. 31

Table No. 13: Religious Groups ................................................................................................ 31

Table No. 14: Social Categories ................................................................................................ 32

Table No. 15: Vulnerable Displaced Households ...................................................................... 32

Table No. 16: Income level of the Displaced Households .......................................................... 33

Table No. 17: Primary Income Earner of the Displaced Households ......................................... 33

Table No. 18: Occupation of the Displaced Households ............................................................ 33

Table No. 19: Educational Status of the Displaced Persons ...................................................... 34

Table No. 20: Consultation Methods adopted in Project ............................................................ 36

Table No. 21: Summary findings of Consultations .................................................................... 37

Table No. 22: Summary of findings of Consultations ................................................................ 39

Table No. 23: Consultation with officials and Other Stakeholder ............................................... 40

Table No. 24: Format for Public Consultation and Disclosure Plan............................................ 41

Table No. 25: Detailed Policy Comparison ................................................................................ 48

Table No. 26 Entitlement Matrix ................................................................................................ 57

Table No. 27: Loss of Livelihood in the Project.......................................................................... 68

Table No. 28: Details of type of structure and rate .................................................................... 69

Table No. 29: Details of resettlement and rehabilitation Cost .................................................... 71

Table No. 30: Roles and Responsibilities of Different Agencies for resettlement plan Implementation ......................................................................................................................... 77

Table No. 31: resettlement and rehabilitation Implementation Schedule ................................... 84

List of Figures

Figure No.1: District Map, Amravati ........................................................................................... 18

Figure No.2: Project road alignment (Source: Google Maps) .................................................... 18

Figure No.3: Typical Cross Section ........................................................................................... 21

Figure No. 4: Stages of Grievance Redressal ........................................................................... 74

Figure No. 5: Institutional Arrangement for Ressetlement and Rehabilitation ............................ 78

EXECUTIVE SUMMARY A. Project Description 1. The Public Works Department (MPWD), Government of Maharashtra, (GoM) is implementing the Maharashtra State Road Improvement Project (MSRIP) by rehabilitation and up -gradation of State Highways (SH) and (MDR) across the state. The Government of Maharashtra has requested the Asian Development Bank (ADB) to finance the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state propose under MSRIP. 2. The Subproject Road Riddhipur - Tiswa - Anjansingi – Dhamangaon - Devao - Yavatmal Road (SH 300) under EPC 6 is located in the District of Amravati & Yavatmal, Amravati Region. The length of the subproject road is 64.66 kilometer. The project aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region. 3. This Resettlement Plan (resettlement plan) has been prepared in compliance with the applicable State Government, Government of India, and ADB policy and legal framework. This project is considered as Category B1for Involuntary Resettlement (IR) as per ADB’s Safeguard Policy Statement (SPS) 2009 because no person will experience significant impacts such as being physically displaced from housing or losing 10% or more of productive assets2 (income generating). 4. Project road alignment traversing through/along and provide connectivity to several village/ habitation. Most of the major settlements along the project road are described in below.

Tiwasa, Nibhora/Tarkhed, Mardhur, Bhambora, Kawadgavhan, Varha, Marda,

Chandur railway, Anjanvasti, Jahangirpur, Mangrul, Mandir, Chandur railway, Gawa (Nipani), Taroda/Virul Rohnge, Kawali, Darga, Shahapur, Dabhada, Mangrul,

Dattapur, Dhamangaon, Parsodi, Nargawadi, Sawada, Vatoda, Jadka, Malatpur ,Wardha/Pulgaon,Karanja, Sarwa, Sarul, Talegaon , Kharda, Falegaon, Mitanapur,

Mitanapur, Khadak Sawanga, Gawandi and Nandura Village

5. The land use pattern along the project road is built up area, semi commercial and Agricultural. Available ROW along the project road is 24.0 m to 30.0 m in rural area and 15.0 to 24.0 m in Built-up Area. The existing road is generally with low embankment heights and in fair to poor conditions in most of the stretches requires raising and reconstruction. Deficit curves require additional Land Acquisition for realignments. Properties adjoining the existing ROW which will need acquisition and relocation.

1 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more

affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project. 2 Productive assets are those with the ability to generate profits and cash flow.

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B. Objective of Resettlement Plan

6. Keeping with ADB’s Policy on Involuntary Resettlement, a Resettlement Plan (resettlement plan) has been prepared for the subproject. The survey and assessment undertaken during preparation of the subproject indicates that the subproject will entail some degree of resettlement impact and this resettlement plan has been prepared in accordance with ADB’s Policy (SPS 2009) on Involuntary Resettlement to address those impacts. This resettlement plan identifies the broad scope of the subproject and outlines the policy, procedures for compensation and other assistance measures for affected persons and institutional requirements for implementation, budget etc. of resettlement plan under this project.

C. Scope of Land Acquisition and Resettlement 7. The existing ROW observed in the Project Road varies from 24.0 m to 30.0 m in open area and 18.0 to 24.0 m in Built-up area in general. During consultations, the APs expressed their willingness to shift their small business to make the ROW encumbrance free as required by the sub project subjected appropriate compensation. Except one structure which is residential in nature, all the affected structures/shops are commercial in nature and relocation assistance and income loss assistance has been considered for the squatter. Since, the small business has been considered as productive and support livelihood, assistance for loss of income has also been considered in the entitlement matrix prepared for the subproject. No private land acquisition is envisaged for this sub project. 8. The sub project roads pass through Amravati District of Maharashtra State. A census and socio-economic survey were undertaken in the project road for both subproject roads from start to end point. The existing project road length is measured 65.45 km. There are 57 structures are identified which is getting affected due to widening and upgradation of project road section. All these structures are located in existing RoW of project road and either encroached or extended their structures towards RoW of project road. No, DPs are identified who is losing his land. Out of these 57 identified structures, 04 are permanently closed as the owner of these structure put such kiosks only to grab/ encroaches the government land. Only, extended part of their structure locating on existing RoW of road are affected.

9. Out of 53 Affected households, 20 are losing kiosks, , 4 are losing tin shed with ramp, 5 are losing extended part of their shops, 1 is losing extended portion of their shop with tin shed, , 1 DP loosing extended portion of their sitting arrangement and 10 are losing tin shed structure of

SL No

Road Name Road Length

Category Road No. for DPR

DPR/ Construction Package no.

District

1 Improvement to Riddhipur Tiswa Anjansingi Dhamangaon Devao Yavatmal Road in District Amravati & Yavatmal.

64.66 SH300 Am159 EPC-6 Amravati & Yavtmal

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their shops, 2 DPs are losing extended part of their ramp. In residential structure 4 are losing their boundary wall, 6 DPs are losing extended part of their residential house.

10. All these DPs are Non- Title holder (of extended portion and Encroacher upon the ROW and all 43 DPs are running different type of small business to earn their livelihood. Also, 14 nos. of CPRs are to be affected due to widening or road under this project. Out of 14 nos. of total CPR, 11 are Bus stand, 2 are small temple and 1 is boundary wall of statue of Dr. B R Ambedkar.

Table (a): Summary Project Impacts

Sl. No. Impacts Number

1. Total number of private structures affected 57 2. Total number of Private structures affected unidentified

or closed 04

3. Total number of displaced households 53 4. Total number of displaced persons 247

5.

Total number of economically displaced households

43 Less than 10% of productive assets 23

More than 10% of productive assets

0

Kiosks 20

6. Total number of physically displaced households 10

7. Total number of vulnerable households 53

8. Total number of CPR (structure) affected 14

Source: Primary Census Survey, 2019

D. Socioeconomic Information and Profile 11. The Socio -economic survey was carried out and all 53 numbers of DHs was consulted in addition to public consultation which is done in 4 village panchayat office that is Ashok Nagar, Vathoda Khurd, Anjansinghi and Junadhman gaon. 12. The social stratification of the project area shows the dominance of Other Backward Class (OBC) population with 45 nos. (84.9 %). 5 nos. (9.43%) are SC and 3 nos. (5.66 %) are in general category. 3.8% of DPs belong to the category of women headed household. Out of 53 Affected Families, 3 (5.66%) are having Joint Family and remaining 50 (94.33%) are Nuclear Family. The average household size is 4.7 and the sex ratio among DPs (adults) is 826. According to project census survey all 53 DPs are under category of are vulnerable households (Due to NTH status) affected due to the project. The educational status of DP’s revels that 10.76%of DPs are still illiterates.

E. Stakeholders Consultation and Participation 13. Formal Public consultations were also conducted at 4 locations attended by about 82 persons in the project to ensure significant community participation during the project census survey. Similarly, informal consultation has also been done at 5 locations and about 52 participants were participated. Both formal and inform al consultations have been done aiming at

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promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of APs/ DPs and other stakeholders were consulted through focus group discussions and individual interviews. Several additional rounds of consultations with APs and communities will form part of the further stages of project preparation and implementation. The implementing NGO will be entrusted with the task of conducting these consultations during resettlement plan implementation, which will involve disclosure on compensation, assistance options, and entitlement package suggested for the project. 14. To achieve transparency in the project and for further active involvement of DPs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. The EA will provide relevant resettlement information, including information from the above documents in a timely manner, in an accessible place and in a form and language(s) understandable to displaced persons and other stakeholders.

F. Legal Framework 15. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GoI, the GoM and ADB. Prior to the preparation of the resettlement plan, a detailed analysis of the existing national and state policies was undertaken, and an entitlement matrix has been prepared for the project. This resettlement plan is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. The gaps between the policies have been identified and addressed to ensure that the resettlement plan adheres to the SPS (2009) requirements. 16. All compensation and other assistances will be paid to all DPs prior to commencement of civil works. After payment of compensation, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. The value of salvaged materials will not be deducted from the overall compensation amount due to the DPs. A notice to that effect will be issued intimating that DPs can take away the materials.

G. Entitlements, Assistance and Benefits 17. The cut-off date for non-titleholder is the end of the census survey which is 15 of June 2019. The structures affected under the project will be compensated at replacement cost. DPs who settle in the affected areas after the 15 June 2019 will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation.

H. Relocation of Housing and Settlements 18. There will be no person relocated from housing due to loss of full loss of residential housing. The EA will compensate to the non-titleholders and titleholders for the loss of assets other than land, such as residential and commercial structures. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. No residential encroachers require relocation from existing place. The extended portion will be dismantled and repaired for living.

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I. Income Restoration and Rehabilitation 19. The impact assessment indicates that 43 households are losing their commercial assets under the project. 23 DH are losing less than 10% of the productive assets due to loss of front shed/projected shed of commercial structure and after dismantling the extended portion will restore their business with pre - project status. 20 affected kiosks will be pushed back outside the Corridor of Impact within the RoW and all will restore their income and there will be no disruption of livelihood.

J. Resettlement Budget and Financing Plan 20. The resettlement cost estimate for this project includes eligible compensation, resettlement assistance and support cost for resettlement plan implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. Contingency provisions have also been made to consider variations from this estimate. The total budget for the proposed project resettlement plan is INR 5.31 Million.

K. Grievance Redressal Mechanism 21. The grievance redress mechanisms will be established and will function at the commencement of resettlement plan implementation. Grievance Redressal Committee (GRC) will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRC will be established at two levels. There will be one GRC at PIU which will be headed by Superintending Engineer. The other PIU, headed by the Chief Engineer will be at the state level. The GRC will have representative from the PMU and/or PIU affected people, an , NGO, and/or and other interest groups. All grievances will be routed through the NGO/ PIU/ local self-government to the GRC. The implementing NGO will act as a facilitator to the GRC. However, an aggrieved person will have access to the country's judiciary at any stage of the project level grievance redress process.

L. Institutional Arrangement

22. The Executing Agency (EA) for the Project is MPWD. The Project Management Unit (PMU) headed by a Chief engineer (CE), will implement the project through a Project Implementation Unit (PIU) at the district level, headed by the Superintending Engineer (SE). PMU and PIU will be assisted by a Project Management Services consultant and an Authority Engineer respectively, that will safeguard specialists. This PMU will be functional for the whole engage an NGO support the in implementation of resettlement and rehabilitation activities. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the Authority Engineers (AE) for implementation of the resettlement plan.

M. Implementation Schedule 23. Implementation of resettlement plan mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. The civil works

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contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place. The proposed project resettlement and rehabilitation activities are divided in to three broad categories based on the stages of work and process of implementation, as follows:

i) Project Preparation phase ii) resettlement plan Implementation phase, and iii) Monitoring and Reporting phase.

N. Monitoring and Reporting 24 Resettlement plan implementation for the project by the EA through internal monitoring by the PMU PIU, responsible for implementation of the resettlement plan. It will prepare monthly progress reports on resettlement activities and submit these to the PMU. The PMU will prepare semi-annual resettlement plan to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. The PMU will submit the semi-annual monitoring reports to ADB for disclosure in the ADB website.

I. INTRODUCTION

A. Background

1. Maharashtra is a third largest state in India with a large population that is based out of villages and supports various industries and agriculture etc. Transportation becomes an important aspect in the development of the state, as proper facilities are not available in remote parts of the state. Transportation gives the ease of expanding the small-scale industries by connecting them to the major cities in the state, better health facilities become easily accessible, improved agriculture-based products amongst others. With the same motive the Government of Maharashtra through the PWD has taken up the task of improving the road connectivity of the state under the Maharashtra State Road Improvement Project. 2. Public Works Department, Government of Maharashtra (MPWD) is engaged in rehabilitation and up-gradation of State Highways (SH) and Major District Roads (MDR) to across the state under the aegis of Maharashtra State Road Improvement Project (MSRIP). The MPWD has requested the Asian Development Bank (ADB) to finance the rehabilitation and maintenance of 13 numbers of roads having total length of approximately 451.45 km across the state. 3. MPWD, has prepared DPRs for the roads coming under the MSRIP by hiring a detailed design Consultant. The detail of project roads is mentioned in following table.

Table No. 1: Detail of Project Road

Sl. No.

EPC No.

Region District Road Designation & Number

Road Name Length in KM

1.

EPC 1

Konkan Ratnagiri SH 174 Improvement to NH-66 to Kante Tulsani Devrukh Road Km 0/00 to 23/500.

23.50

2. Konkan Ratnagiri MDR 55 Improvement to Chafe Ganpatipule Road Km 0/00 to 10/350 MDR 55

10.35

3.

EPC 2

Konkan Ratnagiri SH 175 Improvement to Dabhole Shiposhi Korle Vatul Road Joining to NH-17 km 0/0 to 28/100

28.10

4. Konkan Ratnagiri SH 170 Improvement to Hatiwale Jaitapur Road Km 0/00 to 23/700.

23.70

5. EPC 3 Pune Solapur SH 204 Improvement to Barshi Solapur Akkalkot Dudhani Aland to State border Road SH 204 Km 1/400 to 63/300 Part Barshi to Solapur Tal Barshi.

61.90

6. EPC 4 Pune Solapur SH 68 Improvement to Daund Karmala Paranda Barshi Osmanabad Road SH 68 Km 137/260 to 189/120

50.54

16

Sl. No.

EPC No.

Region District Road Designation & Number

Road Name Length in KM

7. EPC 5 Amravati Yavatmal SH-51 Improvement to Shrirampur Vaijapur Risod Washim Pusad Fulsawangi Mandvi Road (Section Washim Pusad ) in Washim., Km 242/200 to 298/249

56.05

8. EPC 6 Amravati Amravati and Yavatmal

SH-300 and SH 300 A

Improvement to Riddhapur Teosa Kurha Anjansingi Dhamangaon Rly Devgaon Babhulgaon Road SH-300 Km 40/600 to 108/00 and Dhamangaon Bypass Road K.M 0/00 to 6/565 TQ. Teosa

64.66

9.

EPC 7

Amravati Amravati and Akola

SH 47 Improvement to Valgaon Daryapur Akot SH 47 Road ( daryapur to Akot), Km 156/00 to 180/00.

24.00

10. Amravati Amravati MDR-21 and SH-301

Improvement to Amla Runmochan Asara Road Dist. Amravati MDR-21 (17.50 Km)

17.55

11.

EPC 8

Amravati Amravati SH-297 Improvement to Amravati Chandur Rly Talegaon Road Km 32/200 to 49/155 Tq Chandur Rly.

15.08

12. Amravati Amravati SH-300 Improvement to Riddhapur Lehegaon Ner Pingalai Teosa Road SH-300 Km. 0/00 to 40/800 Tal. Morshi .

40.80

13. EPC 9 Pune Solapur SH 68 Improvement to Daund Karmala Paranda Barshi Osmanabad Road SH 68Km 208/160 to 250/155

35.23

Total 451.45

4. The main objective of the Project is upgradation of existing road to two lanes with or without paved shoulders (as may be applicable) or higher configuration. The viability of the project shall be established taking into account the requirements with regard to rehabilitation, upgrading and improvement based on highway design, pavement design, type of intersections, rehabilitation and widening of existing and/or construction of new bridges etc., road safety features, rehabilitation and widening of existing and/or construction of new bridges and structures, quantities of various items of works and cost estimates and economic analysis. 5. The sub-proposed project roads stretches are is part of State Highway no. SH 300 and proposed to be constructed under construction package -6. The sub-project road namely “Improvement to Riddhipur Tiswa Anjansingi Dhamangaon Devao Yavatmal Road in District Amravati & Yavatmal” traverse entirely in Amravati and Yavatmal district of Maharashtra State.

6.

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Figure No.1: District Map, Amravati

7. The project alignment and some important locations along the project road are presented in Figure below:

Figure No.2: Project road alignment (Source: Google Maps)

8. The project road alignment is not a continuous stretch, under scope of project some stretches/sections are left and will be upgraded/ being upgraded under different scope of work. The proposed project road starts from km 44+000 to 56+ 000, then from km 58+100 to 83+400, then from km 85+200 to 108+00 and finally from km 0+000 to km 6+250 (Bypass road) 9. The road aims to provide smooth traffic movement for the escalating traffic and enhance capacity and improved services to alleviate the likely capacity constraints to be generated after the future development in the region. The project on its implementation would increase the physical infrastructure and boost the economic growth in the region.

10. This resettlement plan for this sub project is prepared based on the detailed design report prepared by Public works department Government of Maharashtra, PIU Amravati. The resettlement plan complies with the applicable State Government, Government of India and ADB policy and legal framework. This project is considered as Category B for Involuntary Resettlement (IR) as per the ADB Safeguard Policy Statement (SPS 2009).

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B. Minimization of Impact

11. Adequate attention has been given during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement. However, technical and engineering constraints were one of the major concerns during exploration of various alternatives, especially in relations to road safety and decreasing congestion in key sections. 12. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of structures, trees, utility services along the project road, the center line of the alignment is designed so as to cause minimum disturbance to existing features. 13. The existing RoW (18 to 24) is sufficient in the project road for the proposed widening and improvement. The proposed centerline is designed such that no land acquisition is required.

C. Project Impacts and Benefits

14. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development to the region. The social benefits arising due to the project will be triggered due to improved accessibility to various services such as to markets, health facilities, schools, and workplace, which in turn increases the income of the local residents, and ultimately elevating their standard of living. The possible direct and indirect positive impacts of the project are listed below.

a. One of the immediate benefits of road construction and improvement will come in the

form of direct employment opportunities for the roadside communities and specially those who are engaged as wage laborers, petty contractors and suppliers of raw materials.

b. Improved road network will provide for improved linkages between the village communities and urban center, which provides wider marketing facilities. Road network will not only link the village communities to better markets, but also open up wider work opportunities in distant places. People can shuttle to distant work sites and towns and engage in construction, factories, business as well as domestic works.

c. This subproject roads section “Riddhipur Tiswa Anjansingi Dhamangaon Devao Yavatmal Road in District Amravati & Yavatmal” is one of the prime links to connect SH-24, SH-243, SH241 as well as NH-53.

d. Improved road network will also encourage urban entrepreneurs to invest in far and remote areas in commercial farming and industrial activities.

e. Improved road will also help people building strong institutional network with outside agencies. Essential and emergency services like schools, health center, public distribution system etc. can be availed faster. Increased frequency of interaction with

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outsiders will increase the awareness level of the people in the village with regard to their health and nutrition, living style, value of education and proper utilization of available resources.

f. Interaction with the government, non-government and other development agents will help people gain new knowledge on improved farming, land development, development and maintenance of natural resources through the formation of various economic and social development groups.

D. Scope and Objective of Resettlement Plan 15. Appropriate attention and work have been done during the feasibility and detailed design phases of the project preparation to minimize the adverse impact on land acquisition and resettlement. However, technical and engineering constraints were one of the major concerns during exploration of various alternatives, especially in relations to road safety and decreasing congestion in key sections. 16. The inventory data and typical cross-sections formed the basis of determining the widening requirement. Based on this information along with presence of buildings, trees, utility services along the project road, the centerline of the alignment is designed so as to cause minimum disturbance to existing features. The existing ROW, as per the government records, is between 18 to 24 meter in different road sections. The proposed centerline is designed such that no land acquisition is required. However, in populated area the inhabitant has encroached the existing RoW, extending their structures and putting kiosks for temporary business/ commercial activities. 17. The pictorial view of the proposed 2-lane with paved shoulder highway’s typical cross section is given in Figure No.3. The carriage way width of 7m is proposed with both side 1.5m paved shoulder and both side 1m earthen shoulder. Lined drain of RCC is proposed in urban areas.

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Figure No.3: Typical Cross Section

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Table No. 2: Town and villages along the Project Road

Sl. No. Existing Chainage

Design Chainages

Road Name Side

1 40+600 40.800 Tiwasa RHS Tiwasa LHS

2 44+080 44.300 Nibhora/Tarkhed LHS 3 44+800 45.040 Mardhur RHS 4 47+035 47.245 Bhambora LHS 5 47+525 47.710 Village LHS 6 49+650 49.815 Kawadgavhan LHS 7 49+900 50.100 Village RHS 8 53+970 53.820 Varha RHS 9 54+450 56.230 Marda LHS 10 58+200 58.130 Chandur railway RHS 11 60+040 60.150 Village LHS 12 62+360 62.550 Anjanvasti RHS 13 67+300 67.270 Jahangirpur LHS 14 68+790 68.720 Mangrul LHS 15 69+530 69.540 Mandir LHS 16 73+610 73.430 Chandur railway RHS 17 73+860 73.750 Gawa (Nipani) LHS

18 77+000 77.000 Taroda/Virul Rohnge

RHS

Kawali LHS 19 78+790 78.750 Darga RHS 20 79+700 79.550 Shahapur RHS 21 80+780 80.750 Dabhada LHS 22 81+000 80.990 Chandur railway RHS 23 82+220 82.130 Mangrul LHS Dhamangaon Bypass start (existing Bypass) 24 1+500 1.615 Dattapur LHS

25 3+180 3.200 Dhamangaon LHS Parsodi RHS

26 5+600 5.735 Mangrul RHS Dhamangaon Existing Bypass End 27 85+800 85.700 Morshi-Mangrul LHS 28 86+650 86.650 Nargawadi RHS 29 88+100 88.100 Sawada LHS 30 88+960 88.970 Vatoda LHS 31 90+800 90.950 Jadka LHS 32 91+410 91.560 Malatpur LHS

33 94+000 94.270 Wardha/Pulgaon LHS Karanja RHS

34 96+800 97.100 Sarwa LHS

35 98+050 98.330 Sarul LHS Talegaon RHS

36 99+950 100.260 Village RHS 37 100+160 100.475 Kharda LHS

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Sl. No. Existing Chainage

Design Chainages

Road Name Side

Falegaon RHS 38 101+700 102.070 Mitanapur RHS 39 102+200 102.560 Mitanapur RHS 40 103+400 103.760 Khadak Sawanga RHS 41 104+420 104.710 Gawandi LHS 42 104+830 105.110 Nandura LHS 43 107+900 108.200 Village RHS

Table No. 3: Summary of Existing Carriageway

Sr. No.

Chainage Carriageway Shoulder

From (km)

To (km) Width Surface Paved Soft

1 2 3 4 5 LHS(m) RHS(m) LHS(m) RHS(m)

Tiwasa to Babhulgaon (SH 300)

1 40.600 94.000 5.50 BT -- -- 1.50+1.00

1.50+1.00

2 94.000 108.000 7.00 BT -- -- 1.50+1.00

1.50+1.00

Dhamangaon ring road (SH 300)

3 0.000 6.560 5.50 BT -- -- 1.50+1.00

1.50+1.00

18. This Resettlement Plan (resettlement plan) has been prepared to mitigate land acquisition and resettlement impact considering outcome of the preliminary engineering and technical design and topographic survey. Social screening was undertaken in conjunction with project feasibility studies. It provides important inputs and guidance to engineering designs. 19. The Resettlement Plan has been prepared based on census and socio-economic survey that was carried out to register and document the status of the potentially affected population within the project impact area, their loss of assets, and sources of livelihood. The Census data provided the basis for establishing a cut-off date for non-title holders in order to determine who may be entitled to relocation assistance or other benefits from the project. 20. Socio-economic survey has also been carried out in order to establish the mitigation measures and that includes comprehensive examination of people’s loss of assets, incomes, important cultural or religious networks or sites, and other sources of support such as common property resources. Analyses of survey results cover the needs and resources of different groups and individuals. 21. Preparation of the Resettlement Plan (resettlement plan) was undertaken within the project’s social assessment component. A key prerequisite of the resettlement plan is a policy framework for resettlement containing categories of impacts and their corresponding entitlements. The RAP provides detailed guidance on how to implement provisions in the policy framework, including institutional arrangements and budgets based on enumeration of project-affected people with entitlements under the framework.

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22. The main aim of this Resettlement Plan (resettlement plan) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This resettlement plan has been prepared on the basis of project census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement, 2009 designed by ADB to protect the rights of the displaced persons and communities. The issues identified and addressed in this document are as follows:

• Type and magnitude of loss of non-land assets, loss of livelihood, loss of common property resources and social infrastructure;

• Impacts on indigenous people, vulnerable groups like poor, women and other disadvantaged sections of society

• Public consultation and community participation in the project;

• Existing legal and administrative framework and formulation of resettlement policy for the project;

• Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses/income;

• resettlement and rehabilitation cost estimate including provision for fund and;

• Institutional framework for the implementation of the plan, including grievance redress mechanism and monitoring & reporting.

E. Methodology for Resettlement Plan

23. For preparation of resettlement plan, a detailed social impact assessment of the project road was carried out including resettlement screening, land acquisition planning, project census survey of affected assets and households and public consultation meetings. The details of methodology adopted for the social impact assessment is discussed in the following section.

a. Resettlement Screening

24. A social screening exercise was performed through a reconnaissance survey to gather First-hand information on impact on land acquisition and resettlement with specific attention on land use, presence of legal and/or illegal housing, traffic patterns, cultural resources, urban settlements and other sensitive areas. The aim of reconnaissance survey was to assess the scope of land acquisition and resettlement study and accordingly the detailed plan of action was prepared for the preparation of resettlement plan.

b. Resettlement Planning

25. The alignment was finalized as per the detailed engineering design. Initially, the numbers of affected villages were identified as per the alignment and availability of government land was confirmed from the revenue department. 26. Following finalization of the road alignment, cross-sections design and land acquisition requirements, census of all displaced persons (DPs) was carried out in the project. The objective of the project census survey was to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation.

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27. A structured census questionnaire (Appendix 1) was used to collect detailed information on affected households/ properties for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. The survey was supervised by resettlement and rehabilitation specialist and the survey team was selected locally including some female familiar with local languages and the team was trained by the resettlement specialist and the survey was closely monitored on a regular basis. The census questionnaire was tested on ground and addition/deletion was made in questionnaire format which found irrelevant. Additionally, socio-economic data was also collected from the affected households.

28. The census survey includes the following:

• Inventory of the 100% non-land assets

• Categorization and measurements of potential loss

• Physical measurements of the affected assets/structures

• Identification of trees and crops loss

• Collection of information on household characteristics, including social, economic and demographic profile

• Identification of non-titleholders and titleholders

• Assessment of potential economic and livelihood impact

c. Public Consultation

29. To ensure local community participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of road users and problem and prospects of resettlement, various sections of displaced persons (DPs) and other stakeholders were consulted through public consultation, focus group discussions, individual interviews/interaction as well as formal and informal consultations. Effort was made to include as much possible to include the vulnerable sections of DPs and women were in this consultation process. However, due to local reason, participation of women was less than men.

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) A. Land Acquisition Requirement

30. The existing Right of Way, as verified from the government records, is between 18-30 meter. and it is established that the legal ownership of RoW is with PWD, Amravati. It is proposed to develop the existing single lane/intermediate lane road to 2-lane carriageway with paved shoulders. The road formation width proposed for 2-lane carriageway with paved shoulder is only 12.00 m and hence, no additional land acquisition is required from private owner. Since there is no land acquisition is required and thus no impact is envisaged on private land.

B. Resettlement Impacts

31. Based on the above requirement, the project impact assessed through project census survey includes loss of non-land assets and loss of livelihoods. Other than this, non-land assets known as common properties resources (CPR) including religious, and community ownership are also assessed to be affected by the proposed project. 32. A project census survey was carried out to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost due to the project, which would be the basis of calculation of compensation. The census was carried out during the period between 10-25 December 2018, then on 26th Jan 2019 and final consultation and inclusion was made between 3rd June- 15th June 2019, so 15th June 2019 is considered as cut-off date for the Non-titleholder DPs.

C. Loss of Private Structures in the Project 33. Out of 53 Affected households, 20 HH are losing kiosks, , 4 are losing tin shed with ramp , 5 are losing extended part of their shops, 1 is losing extended portion of their shop with tin shed, 1 DH loosing extended portion and 10 are losing tin shed structure of their shops, 2 DHs are losing extended part of their Ramp. In residential structure 4 are losing their boundary wall and 6 DPs are losing extended part of their residential house.

34. All these DPs are Non- Title holder (of extended portion and Encroacher upon the ROW and all 43 DPs are running different type of small business to earn their livelihood. no person will experience significant impacts such as being physically displaced from housing or losing 10% or more of productive assets (income generating).

Table No. 4: Loss of Private Structures in the Project

Source: Primary Survey, 2019

35. The magnitude of impacts on private structures shows that out of 53 affected structures, 20 (37.74%) structures which are kiosk are affected fully (100%) and need to be pushed back

Sl.

No.

Ownership

Status

No. of

Structure

Number

of DH %

Number of

Persons %

1 Encroacher 33 33 66.26 158 63.97

2 Kiosk 20 20 37.74 89 36.03

Total 53 53 100 247 100

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outside the CoI within the RoW, while remaining 33 (62.26%) structure marginally affected (less than 10%) (extended / encroached part on RoW). Kiosks will shift back on site; hence, livelihood will not be permanently lost and will be re-established. The site condition suggests that the structures getting affected less than 10% will not impact on main structure and will be viable for living and need no relocation. The details of magnitude of impacts on structures are summarized in Table 5. 36. Provisions are also included in the Entitlement Matrix that structures will be compensated at replacement cost fully, and partially.

Table No. 5: Magnitude of Impacts on structure

Sl. No.

Scale of Impact No. of Structure

%age Remarks

1. Below 10 % 33 62.26 Extended part of main structure, like Ramp, floor, wall, tin shed etc. Not main structure

2. 100% 20 37.74 Kiosks

Total 53 100

Source: Primary Survey, 2019

D. Type of Private Structure in the Project

37. Out of these 53 DPs, 43 are different type of shopkeepers while 10 are resident. Out of these 43 nos. of commercial/semi commercial structure, 20 are kiosks. The details of structures and number of displaced households are given in the Table 6.

Table No. 6: Type of Private structures affected by the Project

Sl. No. Type of Structure No. of Structure DHs %age 1. Residential Structure 10 10 18.87 2. Commercial Structure 43 43 81.13

Total 53 53 100% Source: Primary Survey, 2019

E. Use of Private Structures affected by the Project

38. The structures being affected in the project are of various usages and the details are presented in the Table 7.

Table No. 7: Use of Private structures affected by the Project

Sl. No. Type of Structure No. of Structure %age 1. House 03 5.66 2. Other Residential 07 13.21 3. Shops 05 9.43 4. Other Commercial (Private clinic) 01 1.89 5. Boundary Wall, + Tin shed / Kiosk 37 69.81

Total 53 100 Source: Primary Survey, 2019

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F. Type of Construction of Affected Structures

39. The structures being affected in the project are of various types by construction such as temporary, semi-permanent and permanent nature. Out of 53 Affected households/structures, 10 are extended part of permanent structure (Pucca) like boundary wall terrace etc., 5 are semi-permanent (Semi-pucca) and, 38 are temporary structure, like kiosks, tin sheds etc. Out of 53 structures, 10 are residential structure and remaining 43 are commercial/semi-commercial structure. NO permanent structures are affected in full, ONLY their extended/encroached part (partial) is affected which is constructed on existing project road RoW. The details of type of constructions of the affected structures are summarized in the Table 8.

Table No. 8: Type of Construction of Affected Structure

Source: Primary Survey, 2019

G. Loss of Livelihood in the Project

40. As per the census survey, out of 53 DPs, 43 DPs own tin shed shops and semi-permanent kiosks. The DPs will be able to move or reconstruct the structures back in situ without disrupting their livelihoods. The details of impact on livelihoods in the project are presented in the Table 9.

Table No. 9: Loss of Livelihood in the Project

Sl. No. Category of Impact No. of Household

%age Remarks

1 Owner of Commercial Structure (Permanent structure)

10 18.87 Boundary wall, part of terrace and Ramp porting are affected. no direct impact on livelihood as only extended/ encroached part is affected, NO relocation is required.

2 Owner of Commercial Structure (Semi-Permanent structure)

05 9.43 No relocation is required. No permanent loss of Livelihoods

3 Owner of commercial structure (Temporary Structure including Kiosk)

38 71.7 No relocation is required No permanent loss of Livelihoods

Total 53 100% Source: Primary Survey, 2019

Sl. No. Construction Type No. of Structure %age

1. Temporary (Tin Shed/Kiosk)

38 71.69

2. Semi-Permanent 05 9.43

3. Permanent 10 18.86

Total 53 100

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H. Loss of Community Property Resources

41. In this sub-project roads only 14 nos. of CPRs will be affected by the subproject and out of these 14 nos. of CPR, 11 are Bus Stand, 2 nos. are small temple and 1 is boundary wall of a statue (Dr. B R Ambedkar).The types of affected CPRs are presented in the Table 10 and the list of CPR affected in the project is presented in Appendix: 3. CPRs will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community. CPR clearing and reconstruction including any ceremonial/religious expenses to relocate such structures will be undertaken by civil works contractors, and the associated costs are incorporated in their contracts.

Table No. 10: Type of Affected CPR

Sl. No. Category of Impact No. of CPR %age 1. Religious Structure (Small Temple) 02 14.29

2. Bus Stand 11 78.57

3. Other, Boundary wall of the Statue of Dr. B R Ambedkar.

01 7.14

Total 14 100

Note: Replacement cost of Bus Stand is considered in Civil Work cost

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III. SOCIO-ECONOMIC INFORMATION AND PROFILE

A. Project Area Profile

42. The project area falls under Amravati and Yavatmal district of Maharashtra state. Table 11 below presents the key socio-demographic data of the State.

Table No. 11: Key socio-demographic data of the state and the Project district

Population

2011

Decadal

Growth Rate Sex Ratio Density/km2

2001 - 2011 2011 2011

Amravati 2,887,826 10.77% 951 237

Yavatmal 2,775,457 12.9% 947 204

Maharashtra

State 11,23,74,333 15.99% 929 365

Source: Census of India, 2011

43. The state of Maharashtra is bordered by the Arabian Sea to the west and the Indian states of Karnataka, Telangana, Goa, Gujarat, Maharashtra, and Madhya Pradesh and the Union territory of Dadra and Nagar Haveli. Maharashtra is the wealthiest state by all major economic parameters and also the most industrialized state in India. Forests comprise 17% of the total area of the state. A majority of the forests are in the eastern and Sahyadri regions of the state. 44. According to the census of 2011, the population of Maharashtra State was 11,23,74,333. Male to female ratio in the state is 929 females per 1000 males, while in 2001 it was 922 females per 1000 males. As discussed in Table 11, the decadal growth rate as on 2011, is 15.99% and density per square kilometer is 365AA people.

45. Amravati: The ancient name of Amravati is “Udumbravati”, prakrut form of this is “Umbravati” and “Amravati” is known for many centuries with this name. The mispronunciation form of this is Amravati and now the Amravati is known with the same. Amaravati district has 12 towns and 14 tahsils with 1997 villages spread over Dharni (156), Chikhaldara (193), AnjangaonSurji (127), Achalpur (171), Chandurbazar (169), Morshi (166), Warud (139), Teosa (95), Amravati (129),Bhatkuli (137), Daryapur (150), Nandgaon-Khandeshwar (161),Chandur-Railway (92) and Dhamangaon Railway (112) tahsils. The literacy rate of Amravati district is 87.4 percent, males and female literacy rates are 91.5 percent and 83.1 percent respectively. The economy of district is primarily dependent on agricultural sector, more than 70.1 percent of the total workers are engaged in agricultural activity. The district sex ratio (951) is higher as compared to that of state (929). The population of scheduled Cast is 17.53 % while Scheduled Tribe population constitute 13.99%. Percentage of urban population (35.9 percent) is lower as compared to State urban population (45.2 percent). Village Shirajgaon Kasba in Chandurbazar C.D.block is the most populated (17693) and villages Viththalapur (Achalpur C.D. Block), Irur and Bahirampur (Morshi C.D. Block), Asona and Jamalpur (Warud C.D. Block), Ukali (Amravati C.D. Block), Rustampur and Badegaon (Bhatkuli C.D. Block) have population of only one person each. Among the 12 towns in the district, Amravati Municipal Corporation is the most populous town having 647,057 persons and Chikhaldara (M Cl) is the least populous town with 5158 persons.

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46. Yavatmal district formerly known as Yeotmal, is a district of the Indian state of Maharashtra. It is located in the region of Vidarbha, in the east-central part of the state. It is Vidarbha's third-largest district by population, after Nagpur and Amravati. Yavatmal town is the administrative headquarters of the district. Yavatmal District is situated in the south-western part of Wardha Penganga-Wainganga basin. The geographical location of the district falls in 19.26 and 20.42 north latitudes and 77.18 to 7.9.9 in the eastern line. According to the 2011 census Yavatmal district had a population of 2,775,457. The district had a population density of 204 inhabitants per square kilometer (530/sq. mi). Its population growth rate over the decade 2001–2011 was 12.9%. Yavatmal had a sex ratio of 947 females for every 1000 males, and a literacy rate of 80.7%. Marathi is the major language. Jowar and cotton are the main produce of the district, cotton and teakwood the chief exports. Other items exported include lime, wooden furniture and oranges.

B. Demography of Displaced Persons (DPs) 47. This section covers the demographic profile of the displaced persons, covering population, gender, age, religion and caste. The key demographic characteristics of the displaced population are discussed below. 48. As per survey, the number of total displaced households and persons are 53 and 247 respectively, with 104 adult males 86 females and 57 children (below 12 years) The average family size is 4.7. There are 03 joint families among the DHs and remaining 50 are nuclear family. The details of DPs being affected in the project are presented in the Table 12.

Table No. 12: Details Displaced Population

Category Number

Displaced Households 53

Displaced Persons 247

Male DPs 104

Female DPs 86

Source: Primary Survey, 2019

49. As per the project census survey, the religious status of the displaced households shows that 86.8% DH belong to Hindu religion and 13.2 % belongs to Muslim religion.

Table No. 13: Religious Groups

Religion Total No. of DH Percentage (%)

Hindu 46 86.8

Muslim 7 13.2

Total 53 100 Source: Primary Survey, 2019

C. Social Structure among Displaced Persons (DPs) 50. The social stratification of the project area shows that the predominant DPs belongs to OBC category. There are 45 Other Backward Class (OBC) families in this package. The remaining 05 families are from Schedule Cast and 03 families are from the general category as presented in the Table 14.

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Table No. 14: Social Categories

Sl. No. Category Number of DH Percentage (%)

1. Schedule Caste 05 9.43

2. Other Backward Class 45 84.91

3. General 03 5.66 Total 53 100

Source: Primary Survey, 2019

D. Vulnerability

51. Certain groups of the population are considered vulnerable due to their socio-economic status and thus in need of special consideration, in order to ensure that their livelihood is improved. They will have provision for special assistance allowance under the project. They will derive benefits of livelihood programs and dovetailing other schemes of the government. These groups include:

• The poor: DH with incomes below the poverty line 3(BPL) • Members of tribal groups or Scheduled Tribes4 (ST) • Members of Scheduled Castes (SC)5 • Female-headed households (FHH) • The elderly • Disabled persons • Non-Titled HH

52. All the vulnerable groups indicated above were identified in the project area during the course of the census survey. All 53 displaced households were identified as vulnerable, because of Non-titleholder status of affected structure. All non-titled HH falls under the one or the other category of vulnerability. Here 5 DH are SC and 2 are Women Headed family. 46 non-titled HHs not falling under any other category of vulnerability are shown separately.

Table No. 15: Vulnerable Displaced Households

Vulnerable Groups Number %age

Schedule Cast HH 05 9.43

Women Headed HH 2 3.77

Non-Titled HH 46 86.79

Total 53 100

Source: Primary Survey, 2019

E. Annual Income Level of the Affected Household 53. There are no households whose earnings are below official national poverty level i.e. Rs 27000 per year. Majority, out of 53, 33 (62.27%) DHs have income level between Rs.40,001- Rs.60,000, 10 DHs (18.87%) have income between Rs 60,001- Rs 80 000 , 05 DHs have income level between 80,001- 1,00,000. 03 nos. of DHs are earning more than

3The official threshold at ₹ 33 a day in rural areas and about ₹ 47per day in urban areas in terms of

consumption and spending on per individual over a certain period for a basket of essential goods 4 Schedule Tribes’ (ST) are one of the weaker sections of the Indian population. Article 342 of Constitution

of India on Fundamental rights defines STs as a ‘specific tribe or tribal communities or parts or groups within tribes or tribal communities. The Constitution also enshrines their rights taking into account their vulnerable status in society. 5 ‘Scheduled Castes’ (SC) are defined as the lowest castes in the Hindu caste system.

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Rs 1,00,000 in a year. The average income level of households in the project area is summarized in the Table 16.

Table No. 16: Income level of the Displaced Households

Sl. No.

Annual Income Categories ( In INR)

No. of Households

%age

1. Rs. 27,000 - 40,000 02 3.77

2. Rs. 40,001 - 60,000 33 62.27

3. Rs. 60,001-80,000 10 18.87

4. Rs. 80,001-1,00,000 05 9.43 5. Rs.1,50,001-2,00,000 01 1.89 6. Rs.2.00,001-Above 02 3.77

Total 53 100% Source: Primary Survey, 2018

F. Primary Income Earners and Sources of Income 54. Among the total of 53 displaced households, men are the primary income earners in 96.23% of the DH (see Table 17). In 2 Displaced Household women are the main income earners.

Table No. 17: Primary Income Earner of the Displaced Households

Primary Income Earner No. of DH %

Male 51 96.23

Both 02 3.77

Total 53 100

Source: Primary Survey, 2018

G. Occupational structure 55. The occupational pattern of head of DPs, reveals that out of total 53 DHs, 11 (20.75%) are Farmer, 2 (3.77%) are professional (Doctor, BHMS) and remaining 40 (75.47 %) are shopkeepers. Business is the primary source of income. The details of occupational status of DPs are summarized in the Table 18.

Table No. 18: Occupation of the Displaced Households

Sl. No. Occupational Status DPs %age

1. Small Business 40 75.47 2. Agriculture 11 20.75 3. Professional 02 3.77

Total 53 100 Source: Primary Survey, 2019

H. Educational Status 56. The illiterate population accounts for 10.76% of the DPs, 10.31% are just literate and primary level educational attainment has been achieved by 14.80 % of the DPs. Those with middle school education account for 18.39% and those with education up to secondary level account for 23.32 % and Higher Secondary level accounts for 17.04% of the total DPs. The

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Graduate people account for 4.93%. and only 1 DP is Post graduate. Table 19 provides a gender segregated breakdown of the educational status of the displaced persons in the project. 24 nos. of the affected population are minor (0-6 yrs.

Table No. 19: Educational Status of the Displaced Persons

Status Male % Female % Total %

Illiterate 9 7.38 15 14.85 24 10.76

Just Literate 12 9.84 11 10.89 23 10.31

Primary 17 13.93 16 15.84 33 14.80

Middle 21 17.21 20 19.80 41 18.39

Secondary 30 24.59 22 21.78 52 23.32

Higher Secondary 24 19.67 14 13.86 38 17.04

Graduate 8 6.56 3 2.97 11 4.93

Postgraduate 1 0.82 0 0 1 0.45

Total

122

100 101 100 223 100

Source: Primary Survey, 2019

I. Impact on Gender 57. Though there are only 02 woman headed household affected in this sub project, the socio-economic profile of the Project affected area reveal significant gender gap in literacy, work force participation and access to basic infrastructure. Low awareness level coupled with insignificant role in decision making at household and community level further poses constraints for women and other vulnerable groups to access the opportunities created by the project equitably. Consultations with women and vulnerable households (female headed households, households below poverty line etc.) were conducted as part of the social safeguard’s studies. The purpose of these exclusive discussions was to ensure women were aware about the project and understand their concerns and expected benefits out of the project. There were various concerns that were raised by the women during the consultations. The women expressed a number of both key benefits and concerns that they perceive out of this subproject which are summarized as i) the women feel that their mobility will increase and market & relative’s places will be easily accessible for them as better road condition will induce more transport vehicles to operate, ii) The girl students will be able to attain higher education at colleges, since travel time and cost will be greatly reduced and the girls can commute from home all by themselves free of hazard, iii) Women from poor families will get job opportunity during construction work as casual labor or at office. Besides, women can operate individual / family enterprise by opening small tea stalls, shops/eateries to provide meals to the construction laborers, iv) Women laborer feel that improved road network will provide them with better job opportunity even after construction of road work is completed as they will be able to travel further and even commute to places of work from their home.

58. However, due to sparse population along the road issue related to sexually transmitted infections is very unlikely. Potential negative impacts will be addressed through community awareness raising sessions that will be implemented by the NGO who will assist the EA (see Appendix 5 for TOR of NGO). The NGO will coordinate with relevant

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organization or mobilize its own short-term experts in carrying out the activities. In addition, the contractor will also carry out HIV/AIDS awareness program among worker camps and nearby community as mandated in their contract.

59. Some of the key concerns were

❖ Preference to men as wage labor over women during construction ❖ Discrimination in wage payment ❖ Basic facility is generally not available at construction site ❖ More dependence of mechanized techniques in road construction likely

to have less opportunity for labor for women

60. Addressing the risk of women, their safety issues and concerns through consultations shall be carried out throughout the project implementation. NGOs shall be in the forefront in protecting women’s rights, by exposing gender-based violence, violence against children and by promoting and developing a comprehensive, holistic and rights-based approach to health services for women. NGOs would be invited to assist as partners in the development of training programs on the gender approach to health care. The NGO shall generate awareness about the alternative economic livelihood and enable PAPs to make informed choice and carry out periodic consultations with PAPs regarding the choice of resettlement (i.e. self or assisted), development of resettlement site, participation of women, etc.

J. Project Impact on Indigenous People

61. As per the 2011 census of India survey, ST population of in district Amravati is about 13.99 % of total population and SC population is 17.53%. However, affected household of ST along the project road is NIL while affected SC household is 05 (9.43%). Predominant Population among DPs are OBC (45 nos. / 84.90%). There is no impact on Indigenous People in this project.

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IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Identification of Stakeholders

62. Consultations with various stakeholders were carried out during various phases of project preparation. The stakeholders in the project are both primary and secondary. The primary stakeholders are Project Displace Persons (DPs), project beneficiaries, Executing Agency, Implementing Agency especially the officials in Maharashtra PWD. The secondary stakeholder includes district magistrates and the revenue official’s village heads, head of Gram Panchayat, village administrative officers, village council, NGO and business communities in the area.

B. Public Consultation in the Project 63. Both formal and informal consultation were carried out at the stage of project preparation to ensure peoples’ participation in the planning phase of this project and to treat public consultation and participation as a continuous two-way process beneficial in projecting planning and implementation. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of DPs and other stakeholders were consulted through focus group discussions and individual interviews/interaction.

C. Methods of Public Consultation

64. Consultations and discussions were held along the project with the affected families, local community and other stakeholders. All displaced households were consulted while interacting with them during the project census survey. Consultation meetings were organized to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions) are detailed below in Table 20.

Table No. 20: Consultation Methods adopted in Project

Stakeholders Method

Displaced Person Through Census Survey involving head of the household as respondent

Village head/representative of DPs Formal consultation at Panchayat level

Local Communities Through Focus Group Discussion (FGD) at all affected Village

Women’s group Through Focus Group Discussion (FGD)

Vulnerable Groups (SC, ST, BPL) Through Focus Group Discussion (FGD) at affected village

D. Scope of Consultation and Issues

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65. All the survey and consultation meetings were organized with free and prior information to the displaced persons and participants. Women members of the survey team assisted women to present their views on their particular concerns. However, since most of DPs are shopkeepers, participation of women was comparatively less than men participant. During the consultation process efforts were made by the survey teams to:

▪ Determine the views of the DPs, with reference to road alignment and minimization of impacts;

▪ Recognize the views of the community on resettlement issues and rehabilitation options;

▪ Recognize the view and suggestion of women participant about project ▪ Recognize and assess the major socio-economic characteristics of the

villages to enable effective planning and implementation; ▪ Obtain opinion of the community on issues related to the impacts on

community property and relocation of the same; ▪ Study APs’ opinion on problems and prospects of road related issues; ▪ Identify people's expectations from project and their absorbing capacity;

E. Findings of the Public Consultations

66. During the resettlement survey, FGDs were conducted in affected villages along the project road. The participants in these FGDs are not limited to the place of meeting or DPs only but also included the other interested parties form the affected villages as all of them road users and beneficiaries under the Project.

67. In addition to the individual consultation with all displaced households during census survey were consulted in six consultation meetings/focused group discussions at 6 locations. Some of the major issues that were discussed, and feedback received from the villagers during the course of the consultations, measures and key issues discussed/ taken are summarized in the Table 21 & 22. The list of participants and consultation photographs are presented in the Appendix 4. Summary of DP’s concerns and preferences toward relocation and resettlement were discussed and are recorded in Chapter VII: Relocation of Housing and Settlements.

Table No. 21: Summary findings of Consultations

Issue Discussion/ Suggestion Measure Taken

Existing Road Condition

Existing road condition is not good specially for two-wheeler. There is lot of potholes which attracts mishaps. Resurfacing and maintenance is done time to time, but it does not work after few months again potholes emerged.

The proposed road will have 2 lanes with 1.5-meter paved shoulder either side as well as 1-meter earthen shoulder. The driving will be smooth.

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Transport and communication problem

Existing road width is narrow (approx. 5 to 5.5 meter) and traffic is increasing so it’s hard to achieve even average speed 30 km per hour.

The project road will provide better connectivity and a faster transportation to distance places.

Positive project impact

The positive project impacts perceived by the local people are all weather road, direct access to many facilities (School, Market health center), transportation of their agricultural goods, business and employment opportunities, appreciation of land value etc.

The proposed alignment will be on existing road so no new connectivity is planned but there will be smooth and speedy transportation.

Negative project impacts

Unlikely Negative impact is very unlikely as no new bypass and realignment is proposed. The project road will be upgraded on existing alignment within available RoW. However, in market area ANJAN SINGI, the extended part of structures/ shops will be impacted. Similarly, in village VATHODA KHURD, ASHOK NAGAR and DHAMAN GAON, small structure utilizing for small shops having tin shed, temporary structure will also be impacted. Owner of these structure will be appropriately compensated.

Rate of compensation

Compensation at market rate The rate of compensation will be decided as per market value and increased value provided by New LA RR Act-2013.A separate Entitlement matrix is prepared for compensation.

Option for relocation

Willingness for self-relocation and cash compensation. Most of the DPs want cash compensation.

The affected people will be given cash compensation for loss of their assets. The implementing NGO will assist the DPs during the process.

Income Restoration

A lump sum amount as additional assistance for income Restoration is provisioned

The affected people will be given cash compensation for loss of their assets. The implementing NGO will assist the DPs during the process.

Consultation And participation

Local community wish to get informed, periodically consulted and their participation in project during construction

During execution of project consultation will continue throughout the project cycle. Implementing NGO will assist people in participation at various stages.

Road user safety Proposed two lanes with paved shoulder width of road facilitate vehicle to speed up so there is concern of road user safety specially for children, elder person and women

Proper road user safety measures based on site condition are taken and incorporated in the project design. Special measures like signage, informatorily boards, speed breakers at schools, hospitals and marketplaces will provided.

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Transparency in Project Implementation

The project should ensure transparency in implementation and quality of construction work

During execution proper supervision will be ensured by PIU, Supervision consultant as well as through funding agency ADB. There are provisions like GRC, VLC and direct access to Implementation Office for any complain or grievances. The project details and contact numbers will be displayed at start and end point of project road so any one easily reaches the PIU and contractor.

Table No. 22: Summary of findings of Consultations

Sl. No. Key issues / demands Perception of Community

1. Awareness of the Project- including coverage area

More than 90% of local community know about the road development project because they have seen the engineering survey / inventory work during preparation of DPR and they enquired about it prior to social survey.

2 In what way they may be associated with the Project

6-70 % are of the view that they shall be the beneficiaries of the project

3. No. of people who supports the project and the no of people who do not. Reason why?

100% of people/participant of consultation supported or have no opinion. None of them opposed the project.

4. Perception of people- they might face during construction and their requirement/demand with respect to noise, accessibility to various places and others

Very few of them could analysis the situation and few them said there be more dust during construction as well as chance of accident will increase.

5. Perception about their standard of living may raise due to project intervention

More than 80% of them said life will be easier in many ways.

6. What are the benefits they might get due to the construction of the road like better access to health, education; better connectivity; smooth traffic etc.

60% of them feels they may have better job opportunities due to better transportation after the construction of the road. Another 40% do not have any opinion on this issue.

7. Impact on livelihood due to construction of project

Most of them believed that there will be no such impact on livelihood due to construction of the Project in fact it will be increased.

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F. Consultation with Officials and Other Stakeholders 68. Other stakeholders in the project such as Executing Agency especially the officials in PWD, PIU staff and the concerned district administration like forest department and the revenue officials were also consulted on various issues. The details of some of such consultations are summarized in the:

Table No. 23: Consultation with officials and Other Stakeholder

Sl. No.

Name and Designation Issue discussed

1 Executive Engineer

• Project proposal, alignment, detailed design report, LA and resettlement and rehabilitation issue

• Land acquisition planning, collection of revenue map and landholder’s details, site visit, coordination with line department

• Collection of revenue map and landholder’s details, resettlement and rehabilitation Survey

2 Superintending Engineer

• Land acquisition planning, collection of revenue map and landholder’s details, site visit, coordination with line department

3 DCF Amravati

• Land details and forest Area along the road

G. Plan for further Consultation in the Project

69. The effectiveness of the resettlement and rehabilitation program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with DPs will form part of the further stages of project preparation and implementation. The implementing NGO will be entrusted with the task of conducting these

8. Willingness to work in the project work

About 10 % of them have expressed their expectation of getting a job during the construction period of the Project

9. Any suggestions or comments on the project being undertaken by the Govt.

Appreciating the Governments effort of improving the roads but want better projects to be introduced for overall development of the community. About 90 % of them suggested Solar light at bus atop and in populated area should be part of project. Almost 100% of them in view of good and covered drainage in village and market area. 100% of them in view that the schools and temples must be connected with approach road to main road. Almost 100% participant was in favor of Good and big bus stop.

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consultations during resettlement plan implementation, which will involve disclosure on compensation, assistance options, and entitlement package. The consultation will continue throughout the project implementation period. The following set of activities will be undertaken for effective implementation of the resettlement plan:

❖ In case of any change in engineering alignment planning the DPs and other stakeholders will be consulted in selection of road alignment for minimization of resettlement impacts, development of mitigation measures etc.

❖ Together with the NGO, the PIU will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation. During the implementation of resettlement plan, NGO will organize public meetings, and will

❖ appraise the communities about the progress in the implementation of project works, including awareness regarding road construction.

❖ Consultation and focus group discussions will be conducted with the vulnerable groups to ensure that the vulnerable groups

❖ understand the process and their needs are specifically taken into consideration ❖ To make reasonable representation of women in the project planning and implementation

they will be specifically involved in consultation. 70. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for the project as per the format below in Table 24.

Table No. 24: Format for Public Consultation and Disclosure Plan

Sl. No.

Activity Task Agencies

1 Public Notification Notify eligibility cut-off date for NTH PIU/NGO 2 Disclosure of

resettlement plan Translate resettlement plan in local language (Marathi) and disclose at PIU Office and Panchayat

PIU/NGO

3 Distribution of resettlement and rehabilitation information leaflet

Prepare resettlement and rehabilitation information leaflet and distribution to Aps

PIU/NGO

4 Disclosure of resettlement plan on website

Post resettlement plan on ADB and PIU website

ADB/PIU

5 Consultative meetings during joint measurement survey

Face to face meeting/interaction with Aps

PIU/NGO

6 Disclosure of updated resettlement plan

Disclosure after joint measurement survey

PIU/NGO

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Sl. No.

Activity Task Agencies

7 Disclosure of the final or updated resettlement plan

resettlement plan disclosed on ADB and PIU website and to affected household and other stakeholders through PIU and /or Panchayat offices

ADB/PIU

H. Information Disclosure 71. The resettlement plan shall be disclosed in panchayat offices and the ADB website. The EA will submit the following documents to ADB for disclosure on ADB’s website:

❖ the final resettlement plan endorsed by the EA after the census of displaced persons has been completed;

❖ The resettlement monitoring reports. 72. The EA will translate the resettlement plan in Hindi/Marathi and English and disclose it at PIU office and panchayat office. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the project will be made available in local (Marathi) language and distributed to DPs by the implementing NGO during initial consultation after verification of DPs. For DPs who are illiterate, appropriate and implementable method will be followed in order for the DPs to be notified and informed. Implementing NGO will disseminate relevant information through public consultations and other channels and will pay specific attention to ensure those who are illiterate receive information on a timely basis.

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V. LEGAL FRAMEWORK

A. Country Legal and Regulatory System

73. The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in land acquisition and compensation. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues of resettlement and rehabilitation of the DPs under the Maharashtra State Road Sector Project. The acquisition of land shall be done as per the provision of RFCTLARRA 2013. 74. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 is effective from January 1, 2014 after receiving the assent of the President of Republic of India, repealing the Land Acquisition Act, 1894. The aim of the new act is to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives and aims to ensure adequate compensation including rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected. The Act also recognizes the need for protecting the weaker sections of the society especially members of the scheduled castes and scheduled tribes. 75. The aims and objectives of the Act include: (i) to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution of India, a humane, participative, informed and transparent process for and acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other displaced families; (ii) provide just and fair compensation to the displaced families whose land has been acquired or proposed to be acquired or are displaced by such acquisition; (iii) make adequate provisions for such displaced persons for their rehabilitation and resettlement; (iv) ensure that the cumulative outcome of compulsory acquisition should be that displaced persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected therewith or incidental thereto. The key features of the new land acquisition act are as follows: Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II and III outline the resettlement and rehabilitation (resettlement and rehabilitation) entitlements to landowners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. The Schedules IV lists out other land acquisition acts, which will be repealed with 1 year after LAAR is effective. The salient provisions of the RTFCTLARR Act relevant to the project are as follows:

1. There are three schedules incorporated in the act, Schedule I deals with compensation, schedule II with resettlement and rehabilitation and Schedule III with Civic amenities to be provided in the resettlement colony.

2. Preparation of Social Impact Assessment study including assessment of public purpose through a process of public consultation and disclosure for land acquisition proposals covered under the Act.

3. Transparent procedures to be followed in the acquisition of land from preliminary notification to award and possession and preparation and implementation of rehabilitation and resettlement schemes for those displaced by acquisition of land for public purpose.

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4. Land Acquisition in Schedule Area as per the RFCTLARRA 2013, a separate Development Plan shall be formulated as per Section 41. The Development Plan will cover :

a. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force, provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. Documentation of this has to be provided.

b. The report has to provide the details of procedure for settling land rights dues.

c. Details of how to restore titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land.

d. Details of program for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.

e. The Plan has to ensure that the affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.

f. The Plan has to state and ensure that the resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings.

g. Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes.

h. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects.

5. There is a separate law for settlement of forest dwellers under Forest Right Act 2006. Under the provision the settlement of dwellers belonging to ST/SC living in the forest area must be settled before any forest land diversion.

6. Under Panchayat (Extension to Schedule Areas) Act 1996 provides special provision for land being alienated by the Tribal. The provisions of this act have been incorporated in RFCTLARRA 2013 s.41.

7. Procedure and methodology for determination of market value for compensation to be provided to legal title holders.

8. Infrastructural facilities to be provided in resettlement areas and special provision for Scheduled Castes and Tribes.

9. Institutional mechanism for implementing the provision of the Act, monitoring of resettlement and rehabilitation and grievance redressal.

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10. Procedure for payment of compensation.

11. Temporary possession of land.

12. The owners of land and structures (including those having certain legal rights) proposed to be acquired and, in urban areas, those who are staying on or whose livelihood is dependent on such land for a period of 3 years prior to acquisition of land are entitled for certain compensation and benefits under the Act.

13. For legal title holders in urban areas, the compensation for land is equivalent to market value of land, value of assets attached to the land or buildings and 100%solatium on value of land.

14. For houses lost as a result of acquisition of land in urban areas, a constructed house of not less than 50 sq. m. plinth area (if required in multi-storied building)is to be provided for a family. Alternatively, if so desired by the PAP, a one-time financial assistance of not less than Rs. 1.5 Lakhs is to be given for construction of a house. However, the location of house in terms of the distance from lost house is not prescribed.

15. In addition, the displaced family is to be provided (i) training and skill development for job to one family member in the project or one-time payment of Rs. 5 Lakhs or annuity policies that pay Rs. 2,000 per month per family for 20years indexed to CPI (ii) monthly subsistence allowance of Rs. 3,000 per month for a period of one year (iii) one-time financial assistance of Rs. 50,000 towards transportation cost for shifting (iv) one-time resettlement allowance of Rs.50,000.

16. Each petty shop owner / small trader / self-employed person and family owning non-agricultural land, or commercial, industrial or institutional structure is to be provided one-time financial assistance of minimum Rs. 25,000 for construction of shop.

17. The stamp duty and registration charges for the land and house to be provided to the PAPs shall be borne by the acquiring body. It may be seen that while elaborate provisions for compensation and resettlement and rehabilitation benefits are made for those displaced due to the acquisition of land for the project, the Act does not prescribe any benefits for occupants of structures located on public (Government) land and affected by the project. Further, the Act does not envisage any resettlement benefit for occupants/ owners of structures used for other than residential purposes and affected by the project. The Central Board of Direct Taxes vide Order dated 25/10/2016 has clarified that the compensation received in respect of award or agreement, which has been exempted from levy of income tax vide Section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961.

B. ADB Safeguard Policy Statement (SPS), 2009

76. The objectives of ADB's SPS (2009) with regard to involuntary resettlement are: a. To avoid involuntary resettlement wherever possible; b. To minimize involuntary resettlement by exploring project and design alternatives; c. To enhance, or at least restore, the livelihoods of all displaced persons in real

terms relative to pre-project levels; and d. To improve the standards of living of the displaced poor and other vulnerable groups.

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77. ADB's SPS (2009) covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of;

a. involuntary acquisition of land, or b. Involuntary restrictions on land use or on access to legally designated parks

and protected areas. It covers displaced persons whether such losses and involuntary restrictions are full or partial, permanent or temporary.

78. The three important elements of ADB’s SPS (2009) are:

a. Compensation at replacement cost for lost assets, livelihood, and income prior to displacement;

b. Assistance for relocation, including provision of relocation sites with appropriate facilities and services; and

c. Assistance for rehabilitation to enhance, or at least restore, the livelihoods of all displaced persons relative to pre-project levels and to improve the standard of living of displaced poor and other vulnerable groups.

C. Maharashtra Direct Purchase Policy

79. The land will be acquired under Maharashtra Direct Purchase Policy 2016 in this project.

The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12th May 2015,

Revenue & Forest Department, Govt. of Maharashtra. Generally, for a different project, the private

land required, is acquired as per the prevailing Land Acquisition Act by concerned Land Acquiring

Institution. However, if the land required by Land Acquiring Institution is acquired by direct

purchase method instead of acquiring as per Land Acquisition Act which is not prohibited through

direct purchase method it shall be done considering following directive principles:

a) Directive Principle – Land required for new projects other than irrigation project.

While acquiring land through direct purchase method, land shall be acquired for

the entire project.

b) District level committee for deciding compensation – A committee shall be

constituted under the Chairmanship of Collector to decide the rate of land being

acquired through direct purchase method. The committee shall comprise the

following:

1. District Collector – Chairman

2. Superintending Engineer Irrigation – Member

3. Superintending Engineer PWD – Member

4. District Government Pleader – Member

5. Assistant Director of Town Planning – Member

6. Competent Authority of acquiring body – Member

7. Concerned Deputy Collector (Land Acquisition) – Member

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80. The Government Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 30th Sept.

2015, Revenue & Forest Department, Govt. of Maharashtra.

81. The Govt. Decision No. SANKIRNA-03/2015/Para. Kra. 34/A-2 dated 12 May 2015 was

amended on 30th September 2015 in view of difficulties faced in processing the land acquisition

of private land for irrigation and other projects.

a) Directive Principles: Sr. No. 2 was amended “which are related to irrigation projects covering both new projects as well as incomplete projects”.

b) District level committee for deciding compensation:

In Sr. No. (i) for invitee member – Districts where Superintending Engineer Post

of Irrigation/ PWD Dept. is not available, the concerned Chief Engineer shall

authorize the Superintending Engineer of adjacent district.

In Sr. No. (ii) “Advocates on a panel of Acquiring Institution” has been added after through Govt. Pleader.

c) Procedure for deciding compensation – “For Project … then 25% should be added on the above-calculated compensation” thereafter “while considering market value as per Land Acquisition Act article 26(1), the average of sale deeds for

preceding 3 years shall be taken. In the column of purchase and Index-2 shall

reflect all the components considered for deciding the compensation package

independently (market rate, amount as per notified multiplying factor,

compensation against assets connected with the land, solatium, 25% additional

compensation due to consent for Direct Purchase Method etc.). While deciding

the market value for further purchases the amount of market value included in the

compensation package as per Land Acquisition Act 2013 shall only be

considered, other components (Amount as per notified multiplying factor,

compensation against assets connected with the land, solatium, 25% additional

compensation on land valuation due to consent for Direct Purchase) shall not be

considered.

82. The process to be followed under the policy is summarized below.

• To Identify the land required • Submit the proposal to the collector office as per Performa “C” • Publish the notice in at least two most selling local language newspaper in the

district • To take permission letter/ NOC from the landowner • The consent is obtained from the owner • Authorized Office of the PWD department will Demarcate the Land to be acquired • Preparation of Legal Search Report • Valuation of the private land based on the previous 3 years records • To appoint the district level committee for compensation of land • Execution of Sale deed based on the legal search report • If the land falls in schedule area, then land has to be acquired under the provision

of RFCTLARRA 2013.

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• In case of failure of direct purchase Policy, the land shall be acquired as per the provision of RFCTLARRA-2013.

D. Comparison of Country and ADB Policy and Measures to Fill Gaps

83. A detailed policy comparison between ADB’s Safeguard Policy Statement, 2009, and RFCTLARRA, 2013, identified gaps and gap filling measures in the RF are given in following Table 25.

Table No. 25: Detailed Policy Comparison

Sl. No.

Involuntary Resettlement Policy Principle

ADB Safeguard Policy Statement (SPS)

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RTFCLARR)

Measures to Bridge Gaps

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

Section 4 (I) it is obligatory for the appropriate Government that intend to acquire land for a public purpose to carry out a Social Impact Assessment study in consultation with concerned Panchayat, Municipality or Municipal Corporation, as the case maybe, at village level or ward level in the affected area. The Social Impact Assessment study report shall Be made available to the public in the manner prescribed under section 6.

No gap in conduct of social impact analysis between RFCTLARR and SPS Gap in screening past, present and future involuntary resettlement impacts and risks The Project will undertake screening of all projects using the ADB involuntary resettlement checklist, to identify past, present and future involuntary resettlement impacts and risks.

2 Consult stakeholders and establish grievance redress mechanism

Carryout consultations with displaced persons, host communities and concerned NGOs. Informally displaced persons of their entitlements and resettlement options

Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report. The Land Acquisition Rehabilitation and Resettlement Authority shall be established in each State by the concerned State Government to hear disputes arising out of projects where land acquisition has been initiated by the State Government or its agencies.

Gap in continuous meaningful consultation The project will ensure meaningful consultation throughout the project cycle. Gap in establishing a project-level GRM for projects that do not have significant resettlement impacts. The Project will establish project-level GRM.

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Sl. No.

Involuntary Resettlement Policy Principle

ADB Safeguard Policy Statement (SPS)

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RTFCLARR)

Measures to Bridge Gaps

3 Improve or at least restore, the livelihoods of all displaced, and payment at replacement cost

Improve or restore the livelihoods of all displaced persons through:(i) land-based resettlement strategies; (ii) prompt replacement of assets with access to assets of equal or higher value,(iii) prompt compensation at full replacement cost for assets that cannot be restored, and(iv) additional revenues and services through benefit sharing schemes where possible.

The Deputy Commissioner (DC) having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the landowner (whose land has been acquired) by including all assets attached to the land.

No gap between SPS and RFCTLARR. Assets to be compensated at replacement cost without depreciation

4 Assistance for displaced persons

Provide physically and economically displaced persons with needed assistance

Schedule I, provides market value of the land and value of the assets attached to land. Schedule II provides resettlement and rehabilitation package for landowners and for livelihood losers including landless and special provisions for Scheduled Tribes.

No gap between SPS and RFCTLARR. Entitlement Matrix outlines compensation and assistance for APs.

5 Improve standard of living of displaced vulnerable groups

Improve the standards of living of the displaced poor and other vulnerable groups, especially those below the poverty line, the landless, the elderly, women, children, indigenous peoples, and those without title to land, to at least national minimum standards

Special provisions are provided for vulnerable groups.

No gap between SPS and RFCTLARR. Entitlement Matrix outlines assistance for vulnerable groups, as defined by ADB policy.

6 Negotiated settlement

Develop procedures in a transparent,

Section 46 of RFCTLARR Act, 2013 permits direct purchase of

To ensure a fair and transparent process, a third-party independent

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Sl. No.

Involuntary Resettlement Policy Principle

ADB Safeguard Policy Statement (SPS)

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RTFCLARR)

Measures to Bridge Gaps

consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihoods status

land and undertaking direct negotiation with the landowner.

monitor will be hired to certify the process the negotiated purchase was undertaken in a transparent, consistent and equitable manner.

7 Compensation for nontitle holders

Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. In the rural area, provide them with access to resources. In the urban area, provide them with access to housing.

Schedule II provides benefits to families whose livelihood is primarily dependent on land acquired

Gap between SPS and RFCTLARR. The project Entitlement Matrix outlines compensation and assistance for nontitle holders, including squatters, encroachers and sharecroppers.

8 Prepare resettlement plan

Prepare a resettlement plan/indigenous peoples plan on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

Preparation of Rehabilitation and Resettlement Scheme including timeline for implementation. Section: 16. (1) and (2). Separate development plans to be prepared. Section 41

No gap between SPS and RFCTLARR. resettlement plan will be prepared for projects with impact.

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Sl. No.

Involuntary Resettlement Policy Principle

ADB Safeguard Policy Statement (SPS)

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RTFCLARR)

Measures to Bridge Gaps

9 Disclose resettlement plan

Disclose a draft resettlement plan, including documentation of the consultation processing a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders

Under clause 18, the Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation. As the case maybe, and the offices of the District Commissioner (DC) the Sub-Divisional Magistrate and the Taluka, and shall be published in the affected areas, in such manner as maybe prescribed and uploaded on the website of the appropriate Government.

No gap between SPS and RFCTLARR. The RF and resettlement plans will be disclosed to affected persons.

10 Cost of resettlement

Include the full costs of measures proposed in the resettlement plan and indigenous peoples plan as part of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

Section 16. (I) Upon the publication of the preliminary Notification under sub-section(/) of section II by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be Prescribed, which shall include:(a) particulars of lands and immovable properties being acquired of each affected family;(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;(d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and(e) details of any common property

No gap between SPS and RFCTLARR. Cost of resettlement will be covered by the EA.

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Sl. No.

Involuntary Resettlement Policy Principle

ADB Safeguard Policy Statement (SPS)

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RTFCLARR)

Measures to Bridge Gaps

11 Taking over possession before payment of compensation

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

38 (I) The Collector shall take possession of Land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under section 30.

No gap between SPS and RFCTLARR.

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

48 (I)The Central Government may, whenever necessary for national or inter-State projects, constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act.

RFCTLARR does not specify the frequency of monitoring. The Project will prepare monitoring reports semi-annually as per SPS.

E. IR Policy Adopted for the Project

84. Based on the analysis of the national legal framework, State Rules on LA Act-2013, State policy and ADB policy, the following resettlement principles are adopted for this sub-project.

i. Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Measures to avoid and minimize involuntary resettlement impacts include the following: (i) explore alternative alignments or locations which are less impacting, (ii) ensure the appropriate technology is used to reduce land requirements, (iii) modify the

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designs, cross sections, and geometrics of components to maximize the ROW and ensure involuntary resettlement is avoided or minimized.

ii. Carry out meaningful consultations with displaced persons, host communities, and

concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the concerns of displaced persons. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

iii. Improve, or at least restore, the livelihoods of all displaced persons through; (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement cost for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

iv. Provide physically and economically displaced persons with needed assistance,

including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

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

vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement6to ensure that those people who enter

6ADB SPS 2009 (Safeguards Requirements 2) does not apply to negotiated settlements. The policy is encouraging acquisition of land

and other assets through a negotiated settlement wherever possible, based on meaningful consultation with displaced persons, including those without title to assets. A negotiated settlement will offer adequate and fair price for land and/or other assets. Also, an independent external party will be engaged to document the negotiation and settlement processes. In cases where the failure of negotiations would result in expropriation through eminent domain or the buyer could acquire the property regardless of its owner’s decision to sell it or not, will trigger ADB’s involuntary resettlement policy. The Safeguard Requirements 2 will apply in such cases, including preparing a resettlement plan

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into negotiated settlements will maintain the same or better income and livelihood status.

vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

viii. Prepare a resettlement plan elaborating on the entitlements of displaced persons, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. This resettlement plan will be approved by ADB prior to contract award.

ix. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders.

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

xi. Payment of compensation and resettlement assistance as per RFCTLARRA-2013

(as adopted by Maharashtra Govt.)/Direct Purchase Policy of Maharashtra-2016 and following the entitlement matrix included in the resettlement plan.

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

xiii. Monitor and assess resettlement outcomes, their impacts on the standard of living

of displaced persons, and whether the objectives of the resettlement plan have been achieved by considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

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VI. ELIGIBILITY AND ENTITLEMENTS

A. Eligibility under the Project

85. The eligibility of compensation, all the DPs will be provided with compensation and rehabilitation if (i) their land is lost/reduced (ii) income source adversely affected permanently or temporarily, (iii) houses partially or fully demolished, and (iv) other properties such as crops, trees and other assets or access to these properties are reduced or damaged due to the project. Absence of legal documents of their costmary rights of occupancy/titles shall not affect their eligibility for compensation. It also must be noted that during the project implementation stage, if there are any change in the alignments, thereby adversely affecting the land, livelihood or other assets of the people, the same shall be compensated in accordance with the resettlement plan.

86. The resettlement plan stipulates payment of compensation as per the assessed value of the land and structure to the DPs. In addition to the compensation payments made by the Land Acquisition. Officer/Competent Authority, the DPs will receive additional assistance in cash or kind to match replacement costs, as applicable, for lost assets (land and houses), transaction costs such as stamp duties/registration costs in case of purchase of replacement land and other cash grants and resettlement assistance such as shifting allowance, compensation for loss of work days/ income due to dislocation. The vulnerable household such as household headed by women, scheduled tribes/scheduled castes; disabled and elderly persons will be eligible for further cash assistance for relocation and house reconstruction and will be assisted during shifting if required.

87. In this project, displaced persons will include (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements shall apply to all three types of displaced persons. DPs entitled for compensation, assistance and rehabilitation provisions under the project are: (i) all DPs losing land either covered by formal legal title, recognizable title, or without legal status; and (ii) DPs losing business, income, and wages/salaries.

88. Considering the various losses, the entitlement matrix provides for compensation and resettlement assistance to all displaced persons including the non-titleholders in the project area. In general terms, the people displaced by the project will be entitled to the following types of compensation and assistance:

I. Compensation for the loss of land as per Maharashtra Direct Purchase Policy 2016, and compensation of crops/ trees at their replacement cost

II. Compensation for structures (residential/ commercial/ residential cum commercial) and other immovable assets at their replacement cost;

III. Assistance in place of the loss of business/ wage income and income restoration assistance;

IV. Assistance for shifting and provision for the relocation site (if required), and V. Additional assistance to vulnerable groups, namely female-headed households,

scheduled castes (SC), scheduled tribes (ST), those below the poverty line, elderly, landless and disabled.

VI. One-time Resettlement Allowance

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VII. Rebuilding or restoration of community resources and facilities 89. Loss of land is not envisaged under the Project as the project road will be widened and upgraded only on exiting alignment within available RoW. No Bypass and realignment are proposed. As there is no private land acquired hence, no cost for land acquisition is involved in this project. 90. Loss of Structures for Non- titleholders will be compensated at replacement value with other assistance to the non-titleholders. The details of entitlement will be as:

• Each affected family shall be eligible for Replacement cost of the structure and

other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each displaced family shall get one-Time resettlement allowance of Rs.50000

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• All displaced families will receive one-time shifting assistance at following rate

• @ Rs.10000

91. Loss of Commercial Structures for Non- titleholders will be compensated at replacement value with other assistance to the non-titleholders. The details of entitlement will be as:

• Replacement cost of structure constructed without depreciation

• Extended Permanent Shed shall be paid Rs. 10000 lumpsum

• Right to salvage materials from structure and other assets

• Each displaced family shall get one-Time resettlement allowance of Rs.50000

• All displaced families will receive one time shifting assistance at the rate of Rs.10000

92. Loss of Commercial Structures for Non- titleholders losing Projection frontage (Structures with GCI/GI sheets)

• One-time repair grant @20000.

93. Loss of livelihood due to loss of primary source of income will be compensated through rehabilitation assistances. Details of entitlements for the above categories are described below:

• Skill up-gradation training for one member of the affected family as recommended by district administration as per prevailing government program subject to maximum of Rs. 25,000.

• Support to access government income generating and development programs.

94. Loss trees and crops will be compensated by cash compensation. The entitlements to the DPs losing trees will be compensated for trees based on timber value at market price, and

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compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

95. Additional assistance to vulnerable households (BPL, SC, ST, WHH, disabled and elderly as well as landless) will be paid with special assistance as detailed below. The following provision in addition to the compensation for lost assets will ensure that the vulnerable people affected under the Project will be able to improve their standard of living or attain at least national minimal level.

• One-time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other.

• Receive preference in income restoration training program under the project.

• Preference in employment under the project during construction and implementation according to their acquired skills.

• Access to basic utilities and public services. 96. Loss of community infrastructure/common property resources; - It will be compensated either by cash compensation at replacement cost to the community (registered trust, society or village committee as appropriate) or reconstruction of the community structure in consultation with the affected community. CPR clearing and reconstruction including any ceremonial/religious expenses to relocate such structures will be undertaken by civil works contractors, and the associated costs are incorporated in their contracts.

B. Entitlement Matrix 97. The broad entitlement of compensation and assistance will include compensation for loss of agricultural land, compensation for loss of crops and trees, assistance for loss of income and additional assistance to vulnerable groups. Income losses will be compensated, and no structure and property will be demolished or acquired for any Project related construction activity, until compensation and resettlement and rehabilitation assistance is made available to the displaced households in accordance with this policy. The payment of compensation and assistance will be based on National and ADB’s policies and the provisions of the ADB’ SPS, 2009 will prevail in case of any discrepancy. The Entitlement matrix has been prepared as per the project requirement. The detailed entitlement matrix is given in Table 26 below.

Table No. 26 Entitlement Matrix

S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

Land

1-a Loss of private land

Agricultural land, homestead land or vacant

Legal titleholders/ Family with traditional titleholders

• Compensation for land as per Maharashtra Direct Purchase Policy 2016. Wherever policy

• Compensation accounts for all taxes and fees shall be borne by project and

District Collector/ shall determine the market value of the land and

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

plot will not be applicable7 then compensation of land as per LARR 2013 Which shall not below replacement cost

• Each affected family shall be eligible for one-time assistance of 25% of Compensation As per Maharashtra direct purchase policy 2016

• Subsistence allowance of Rs. 36000 to each displaced family. Additional Rs. 50000 to SC and ST households in case of displacement from Schedule Area

does not account for any depreciation.

• Re-titling to be completed prior to project completion

multiply by the factors and add 100% solatium as specified in LARR Act. MPWD will ensure provision of notice. MPWD will verify the extent of impacts through a 100% survey of DPs, determine assistance, and identify vulnerable households.

1-b Loss of private land

Agricultural land, homestead land or vacant plot

Tenants and leaseholders (whether having written tenancy/lease documents or not / Sharecroppers

• Compensation for rental deposit or unexpired lease (such amount will be deducted from the compensation of landowners).

• Land/ structure owners will reimburse tenants and leaseholders rental deposit or unexpired lease.

MPWD will confirm land rental and ensure tenants and leaseholders receive reimbursement for land rental deposit or unexpired lease, and report to MPWD. MPWD will ensure provision of notice.

2-a Loss of Government land

Vacant plot, Agricultural land, homestead land

Leaseholders given Rights over the land

• Compensation for land as per Maharashtra Direct Purchase Policy 2016. Compensation for rental deposit or unexpired lease (such amount will be deducted from the compensation of the lessee).

• Compensation accounts for all taxes and fees and does not account for any depreciation. • Re-titling to be

completed prior to project completion

MPWD will ensure provision of notice and identify vulnerable households.

7 The Maharashtra Direct Purchase Policy will not be applicable in case of: (a) for land acquisition in schedule area, (b) Consent not obtained and (c) Acquisition of land with unclear/disputed title.

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

2-b Loss of Government land

Agricultural land within RoW of road

Non-Title Holders/ Squatters, Encroachers

• At least 60 days’ notice to shift from occupied land.

• Notice to harvest seasonal crops

• Compensation for damage to standing crops.

• Identification of NTH through Project Census Survey

MPWD will ensure provision of notice. MPWD will identify vulnerable households.

Residential Structures

3-a Loss of residential structure

Residential structure and other assets

Legal titleholders Family with traditional land right

• Each affected family shall be eligible for Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each displaced family shall get subsistence grant of Rs. 36,000 @ Rs. 3,000 per month for 12 month and additional 50000 to SC and ST in case of Schedule Area as defined in RFCTLARRA-2013

• Each displaced family8 shall get one-Time resettlement allowance of Rs.50000

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• All displaced families will receive one-time shifting assistance at following rate@ Rs.10000

• Compensation accounts for all taxes and fees and does not account for any depreciation.

• Assessment of viability of remaining structure will be made in consultation with DPs

District Collector shall determine the market value of the structure and add 100% solatium as specified in LARR Act MPWD will verify the extent of impacts through a 100% survey of DHs determine assistance, verify and identify vulnerable households.

3-b Loss of residential

Residential

Tenants and leaseholders

• Each (Owner) affected family shall be eligible for

• Land/ structure

MPWD will verify the

8 Displaced family for eligibility under this entitlement matrix means the family losing more than 10% of main structures affected by this Project.

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

structure structure and other assets

Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each Tenant displaced family shall get

• one-Time resettlement allowance of Rs.50000

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• All displaced families will receive one-time shifting assistance at following rate @ Rs.10000

owners will reimburse tenants and leaseholders rental deposit or unexpired lease.

extent of impacts through 100% surveys of DHs determine assistance, verify and identify vulnerable households.

3-c Loss of residential structure

Residential structure and other assets

Non-Title Holders: Squatters and Encroachers

• Each affected family shall be eligible for Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each displaced family shall get one-Time resettlement allowance of Rs.50000

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• All displaced families will receive one-time shifting assistance at following rate

• Cattle sheds, petty shops shall be identified during census.

MPWD will verify the extent of impacts through a 100% survey of DHs determine assistance, verify and identify vulnerable households.

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

@ Rs.10000

Commercial Structures

4-a Loss of commercial structure

Commercial structure and other assets

Legal titleholders Family with traditional land right

• Each affected family shall be eligible for Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each displaced family shall get one-Time resettlement allowance of Rs.50000

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• One-time financial assistance of Rs. 25,000 to affected traders and small artisans

• All displaced families will receive one-time shifting assistance at following rate

• @ Rs.10000

• Compensation accounts for all taxes and fees and does not account for any depreciation.

• Cattle sheds,

petty shops, small traders and artisans shall be identified during census.

MPWD will verify the extent of impacts through a 100% survey of DHs determine assistance, verify and identify vulnerable households.

4-b Loss of commercial structure

Commercial structure and other assets

Tenants and leaseholders

• Each (Owner) affected family shall be eligible for Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable without depreciation)

• Fees, taxes, and other charges related to replacement structure.

• Right to salvage materials from structure and other assets with no deductions from replacement value.

• Each Tenant displaced family shall get

• One-Time resettlement allowance of Rs.50000

• Land/structure owners will reimburse tenants and leaseholders land rental deposit or unexpired lease.

• Cattle sheds,

petty shops, small traders and artisans shall be identified during census.

MPWD will verify the extent of impacts through a 100% survey of DHs determine assistance, verify and identify vulnerable households.

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

• One-time financial assistance of Rs. 25,000 to the families losing cattle sheds and/or petty shops for reconstruction

• One-time financial assistance of Rs. 25,000 to the families losing traders and small artisans

• All displaced families will receive one-time shifting assistance at following rateRs.10000

4-c Loss of commercial structure

Commercial structure and other assets

Non-Title Holders/Squatters, Encroacher

• Replacement cost of structure constructed without depreciation

• Extended Permanent Shed shall be paid Rs. 10000 lumpsum

• Right to salvage materials from structure and other assets

• Each displaced family shall get one-Time resettlement allowance of Rs.50000

• All displaced families will receive one time shifting assistance at following rate @ Rs.10000

• Compensation accounts for all taxes and fees and does not account for any depreciation.

• Cattle sheds,

petty shops, small traders and artisans shall be identified during census.

MPWD will verify the extent of impacts through 100% surveys of DHs determine assistance, verify and identify vulnerable households.

4-d Loss of commercial structure

Commercial structure

Kiosk • One time shifting allowance @10000

• One time shifting allowance for shifting within the remaining land

MPWD will verify the Kiosks through 100% surveys of DHs

4-e Loss of commercial/Residential structure

Projection frontage

Structures with GCI sheets

• One-time repair grant @20000.

• One-time repair allowance for projections of commercial or residential structures constructed by GCI sheets

MPWD will verify the Kiosks through 100% surveys of DHs

Livelihood

5 Loss of livelihood

Livelihood Legal titleholder losing

• Skill up-gradation training for one member of the affected family as

• Small traders, shops and family losing

MPWD will verify the extent of

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

business/ commercial establishment Family with traditional land right Commercial tenant Commercial leaseholder Employee in commercial establishment Sharecropper Agricultural laborer (long term) Artisans Self-employed Squatters

recommended by district administration as per prevailing government program subject to maximum of Rs. 25,000.

• Support to access government income generating and development programs.

livelihood shall be identified during the census.

impacts through a 100% survey of DHs determine assistance, verify and identify vulnerable households. For Agricultural laborer (long timer) only those who are in fulltime / permanent employment of the landowner will be eligible for this assistance. Seasonal agricultural laborer will not be entitled for this assistance.

Trees and Crops

6 Loss of trees and crops

Standing trees and crops

Legal titleholder Family with traditional land right Agricultural tenant/ leaseholder Sharecroppers

• 60 days advance notice to harvest crops, fruits, and timbers.

• Compensation for standing crops in case of such loss, based on an annual crop cycle at market value

• Compensation for trees based on timber value at market price, and compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture

MPWD will ensure provision of notice. Valuation Committee will undertake valuation of standing crops, perennial crops and trees, and finalize compensation rates in consultation with DPs.

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

Department for other trees/crops.

Vulnerable

7 Impacts on vulnerable DPs

All impacts

Vulnerable DPs • One-time lump sum assistance of Rs. 25000 to vulnerable households. This will be paid above and over the other assistance provided in items 1-a, 1-b, 2-a, 2-b, 3-a, 3-b, 3-c, 4-a, 4-b, 4-c, and 5.

• Receive income restoration training program under the project.

• Access to basic utilities and public services

• Vulnerable households will be identified during the census and implementation of project.

MPWD will verify the extent of impacts through 100% surveys of DHs determine assistance, verify and identify vulnerable households. The MPWD with support from the AE and NGO will conduct a training need assessment in consultations with the displaced persons so as to develop appropriate income restoration schemes. Suitable trainers or local resources will be identified by MPWD and NGO in consultation with local training institutes.

Temporary Loss

8 Temporary loss of land

Land temporarily required for sub-

Legal titleholders

• Any land required by the Project on a temporary basis will be compensated in

• Assessment of impacts if any on structures, assets, crops

MPWD will ensure compensation is paid prior to

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S.N. Type of Loss

Application

Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

project construction

Family with traditional land right

consultation with the landholders.

• Rent at market value for the period of occupation

• Compensation for assets at replacement cost

• Restoration of land to previous or better quality.

• Location of construction camps will be fixed by contractors in consultation with Government and local community.

and trees due to temporary occupation.

• Site

restoration.

site being taken over by contractor. Contractor will be responsible for site restoration.

9 Temporary disruption of livelihood

Legal titleholders, non-titled DPs

• Identification of alternative temporary sites to continue economic activity.

• 60 days advance notice regarding construction activities, including duration and type of disruption.

• Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss consistent with the EMP

• Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.

• Contractors will perform actions to minimize income/access loss.

MPWD& Contractor

Common Resources

10 Loss of common property resources

Common property resources

Communities • Replacement cost or restoration of the affected community property.

Follow ADB SPS MPWD with NGO.

Other

11 Any other loss not identified

• Unanticipated involuntary impacts will be documented during the implementation phase and mitigated based on provision made in the RF.

• MPWD will finalize the entitlements in line with ADB’s SPS, 2009.

MPWD