Social Monitoring Report - Asian Development Bank€¦ · 2. This monitoring report covers the period from January 01, 2018 to June 30, 2018. The report includes monitoring of social

Social Monitoring Report

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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

Project Number: 47341-002 January 2019 Period: January 2018 – June 2018

IND: South Asia Subregional Economic Cooperation Road Connectivity Investment Program - Tranche 1 Subproject: External Social Monitoring Report for Imphal-Kangchup-Tamenglong Road

Submitted by

Externally Aided Project, Public Works Department, Government of Manipur, Manipur.

IND: South Asia Sub-regional Economic Cooperation Road Connectivity Investment Program - Tranche 1

(ADB Loan No. 3118 Tranche-I)

Imphal-Kangchup-Tamenglong Road

Semi Annual External Social Safeguards Monitoring Report

(January 2018 – June 2018)

Revisions Submitted by: Submitted to:

Rev. No. Particulars Date

Mukesh & Associates in JV with DONG IL Engineers Consultants Co. Ltd. in association with Alliance Engineers & Consultants

The Project Director, Externally Aided Project, Public Works Department, Government of Manipur, Manipur.

File Path: \\SERVER\MD5_E - Drive\Suresh\2014\RFP\27. ADB - Manipur ISCD Consultancy\ Reports\Semi-Annual SMR (Jan-Jun 2018).doc

Prepared by: Reviewed by: Approved. By: Sheet Size: A4 Date:

Prasanta K. Sahu B.K. Rajagopal Team Leader 11.09.2018

ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) i

Abbreviations

ADB Asian Development Bank APs Affected Persons AHs Affected Households BPL Below Poverty Line CAP Corrective Action Plan CSC Construction Supervision Consultant DC Deputy Commissioner DMS Detailed Measurement Survey DPR Detailed project report DPs Displaced Persons EA Executing agency EAP Externally Aided Project EM Entitlement Matrix FAM Facility Administration Manual FGD Focus Group Discussion GAP Gender Action Plan GIRR Greater Imphal Ring Road GoI Government of India GoM Government of Manipur GRM Grievance Redress Mechanism IA Implementing Agency IPs Indigenous Peoples IR Involuntary Resettlement IDL Intermediate Double Lane (IDL) IKTR Imphal-Kangchup-Tamenglong Road IPF Indigenous People Framework IPP Indigenous Peoples Plan ISCD Implementation Support and Capacity Development LA Land Acquisition LHS Left Hand Side MFF Multi-tranche Financing Facility MoM Minutes of Meeting MPWD Manipur Public Works Department NB-NER North Bengal and North Eastern Region NGO Non-Government Organization NOC No Objection Certificate PD Project Director PIU Project Implementation Unit PMU Programme Management Unit PWD Public Works Department PwDs Persons with Disabilities

ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) ii

RF Resettlement Framework RO Resettlement Officer ROB Road over Bridge RP Resettlement Plan RoW Right of way R&R Rehabilitation and Resettlement SAR Sub-project Appraisal Report SASEC South Asia Sub-regional Economic Cooperation SIA Social Impact Assessment SRCIP SASEC Road Connectivity Investment Programme ST Scheduled Tribe TOR Term of Reference TBD To Be Decided VLC Village Level Committee

ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) iii

Contents

Contents ............................................................................................................................. iii A. Introduction and Project Background ........................................................................ 1

B. Scope of the Project .................................................................................................... 1

C. Objectives and Scope of External Social Monitoring ................................................ 3

D. Approach and Methodology ........................................................................................ 4

E. Resettlement Principles of IKTR Sub-project ............................................................ 4

i. Entitlements Matrix ............................................................................................................. 4

F. Resettlement Impacts ................................................................................................ 23

i. Land Acquisition and Resettlement Plan of IKTR Sub-project ............................................ 23

ii. Loss of Livelihoods in IKTR Sub-project ............................................................................... 24

iii. Vulnerable Households affected in IKTR Sub-project ......................................................... 24

iv. Plan for further Public Consultation and Disclosure Plan ................................................... 24

G. Actual Impacts during Implementation of Sub-project ........................................... 25

i. Imphal-Kangchup Section ................................................................................................... 25

ii. Kangchup-Tamenglong Section........................................................................................... 26

H. Institutional Arrangements ........................................................................................ 28

I. Capacity Development ............................................................................................... 30

J. RP implementation process ...................................................................................... 33

K. HIV/AIDS Awareness: ................................................................................................ 35

L. Grievance Redress Mechanism ................................................................................ 36

M. Corrective Action Plan ............................................................................................... 37

N. Lessons learned ......................................................................................................... 38

O. Conclusion and Recommendations ......................................................................... 38

Appendix-1 LA notification of GoM under Section 11(1) of “the RFCT in LARR Act, 2013”. ............. 39

Appendix-2 Formation of Committee for purchase of land through Negotiation ............................ 40

Appendix-3 Photographs of JAS during the period January - June 2018 .......................................... 41

Appendix-4 Office Order of the Principal Chief Conservator of Forests, GoM ................................. 42

Appendix-5 Sample copy of Land Donation by Agreement Deeds and Registration ........................ 43

Appendix-6 Letter of request to Director of Agriculture, GoM, for field verification report in respect of Agricultural land. .......................................................................................... 48

Appendix-7 Sample Copy of Micro Plan ............................................................................................ 49

Appendix-8 Sample approved Identity Card for DPs/AHs ................................................................. 50

Appendix-9 Photographs of Compensation disbursement and Receipt memo of disbursed compensation ................................................................................................................ 51

Appendix-10 Cut-off date Notification for Kangchup-Tamenglong Road Section .............................. 52

Appendix-11 Income Restoration Training Program Monitoring ....................................................... 53

ISCD-SRCIP-Semi Annual External SMR (Jan 2018-Jun 2018) iv

Appendix-12 Photographs of PCMs / FGDs held during Semi-Annual Social Monitoring period (January-June 2018) ....................................................................................................... 54

Appendix-13 Consultation Monitoring ................................................................................................ 56

Appendix-14 PIU Level GRC Constituted and Notified for the Section from Km 12+900 (Kangchup) to 34+900 (Waphong Inthan) ............................................................................................. 58

Appendix-15 GRM Monitoring Format ............................................................................................... 59

Appendix-16 Minutes of Meeting held on 21st March 2018 for IKTR Sub-Project .............................. 60

Appendix-17 Minutes of Meeting held on 22nd March 2018 for IKTR Sub-Project ............................. 62

Appendix-18 Proposal required for suitable candidates from NGO for formation of GRC at PIU/PWD level ................................................................................................................................ 66

Appendix-19 Safeguards Capacity Building Monitoring ...................................................................... 67

Appendix-20 Corrective Action Plan Monitoring ................................................................................ 67

Appendix-21 Land Acquisition, Resettlement and Rehabilitation Process Monitoring ...................... 68

ISCD-SRCIP-Semi-Annual External SMR (Jan 2018-Jun 2018) 1

A. Introduction and Project Background

1. This updated semi-annual external social monitoring report for January 2018 to June 2018 deliberates upon social safeguards of the SASEC Road Connectivity Investment Programme (SRCIP) under the South Asia Sub-regional Economic Cooperation (SASEC), a Multi-tranche Financing Facility (MFF), envisaged under financial assistance from Asian Development Bank (ADB) aiming to improve about 500 Km of priority road section in North Bengal and North Eastern Region (NB-NER) of India. The investment programme is planned to be implemented in phases. The first tranche covers Imphal-Kangchup-Tamenglong Road (IKTR) only having total stretch of 107.97 Km. The loan No 3118 - IND (Tranche-1) came into effect on June 24, 2015.

2. This monitoring report covers the period from January 01, 2018 to June 30, 2018.

The report includes monitoring of social safeguards implementation under Tranche-1, i.e. Imphal-Kangchup-Tamenglong Road (IKTR) for which loan has been effectuated. This IKTR sub-project was approved on March 02, 2016 by Asian Development Bank (ADB).

3. SRCIP aims to improve the regional connectivity by constructing good road

infrastructure in the State of Manipur to better transportation and communication. The Investment Programme comprises two components: (i) road improvement component and (ii) project implementation support and capacity development component.

4. The impact of SRCIP is expected to increase domestic and regional trade with the

NB-NER of India serving a regional transport hub. The outcome will be improved road connectivity and efficiency of the NB-NER international trade corridor.

B. Scope of the Project 5. The project road starts at Naoremthong of Imphal City and ends at Tamenglong

covering a total length of 107.97 Kms, which includes spur alignment to Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively. The alignment passes through districts of Imphal West, Kangpokpi and Noney (newly created district), and Tamenglong connecting to major settlements of Imphal, Kangchup, Haochong, Bhalok and Tamenglong. The initial 12.90 Km of sub-project road alignment from Naoremthong to Kangchup is an existing road in plain terrain, whereas alignment between Kangchup to Tamenglong 90.12 Kms and spur alignments are greenfield area mostly located in mountainous terrain. The present road sub-project section is proposed for improvement and up-gradation from existing Intermediate Double Lane (IDL) to four-lane with paved shoulder from chainage 0.000 to 5.540 and double lane with paved shoulder from chainage 5.540 to chainage 12.900 in the plain area up-to Kangchup. Rest road section of 90.12 Km is coming under hilly terrain greenfield area where double lane road configurations with shoulders and side drains are proposed. The spur alignment in Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively is proposed for Intermediate double lane. The proposed alignment map showing the IKTR sub-project Tranche-1 is given in the next page.

6. The construction work of Imphal-Kangchup-Tamenglong Road sub-project has been

awarded to M/s. Hindustan Construction Company Limited (HCC) in joint venture with M/s. Vensar Constructions Company Limited (VCCL) and agreement was signed on March 21, 2016 at the cost of Rs.1114.18 Crores. The date of commencement of the sub-project road is notified as 12.08.2016. Formation cuttings at chainages 16+900


to 33+00, 39+00 to 52+00, 54+00 to 57+00, 73+00 to 82+00 are in progress. Construction of labour camp at chainage 77+000 has been completed and functional with minimum sanitation facilities and for the camps at chainages 5+400 and 15+800 the construction work is in progress.

7. The appointment of NGO for social safeguards implementation of IKTR sub-project has been approved by Government of Manipur (GoM) and awarded to Manavdhikar Samajik Manch, New Delhi. The contract agreement was signed on September 26, 2016 and the NGO has mobilized and assisting PIU for RP and IPP implementation since December 04, 2016. NGO has submitted Micro Plan of IKTR sub-project from Chainage from km 12+900 to 34+900 (village Kangchup Chingkhong to Waphong Inthan), from km 72+400 to 82+500 and from km 97+760 to 98+550 (village Wairangba-Khebuching-Bhalok and Dailong of Tamenglong District), based on the progress of Joint Assessment Survey (JAS) undertaken by Government of Manipur till June 2018. All the submitted Micro Plans have been approved by PIU and first phase of compensation disbursement has been mostly completed except 4 DPs/AHs out of total 79. The NGO has also undertaken its work/activities such as, project information disclosure by sensitizing the village communities through focused group discussions, verification of DPs by Joint Verification Survey (JVS) on Imphal-Kangchup-Tamenglong section at chainages 0+00 to 12+900, 12+900 to 34+900, 55+000 to 58+200, 68+000 to 72+400, 72+400 to 82+500 and 97+760 to 98+550. Also, the NGO participated and extended support during affected property demarcation in all these chainages. The map below shows the sub-project alignment in IKTR project.

Project Alignment Map


C. Objectives and Scope of External Social Monitoring 8. Under the SASEC Road Connectivity Investment Programme (SRCIP), the external

monitoring is to ensure the implementation of Resettlement Plans (RPs), Land Acquisition, Resettlement and Rehabilitation (LARR) and Indigenous Peoples Plan (IPP) activities of IKTR sub-project in accordance with ADB's Safeguard Policy Statement (2009), Public Communications Policy (2012), and the Right to fair Compensation and Transparency in land acquisition, Rehabilitation and Resettlement Act, 2013 of the Government of India. The key responsibility is to analyze, assess and recommend the corrective measures for implementation of IKTR sub-project.

9. The objectives mainly include:

(i) to conduct training sessions with power point presentations supported by

printed materials for MPWD staff and other stakeholders associated in this project on awareness of all aspects of Land Acquisition as per LARR Act, 2013 and with specific problems encountered in the project and best practices followed as per national and international standards;

(ii) to co-ordinate with all stakeholders for smooth land acquisition, especially Revenue Department and MPWD officials and to suggest best practices followed in other projects in India along with Government procedure on Land Acquisition (LA) as per LARR Act, 2013;

(iii) to develop “Strip Charts” (chainage wise) in co-ordination with supervision

consultant, NGO and PIU staff of MPWD to identify the availability of land free from all encumbrances, that can be handed-over to the contractor. At the same time, the expert will also identify the private land under LA notification and government or community land occupied by squatters, vendors and encroachers. The expert will assist IA to ensure that DPs are not evicted from their establishments and land not handed-over to contractor till the final compensation and assistance is disbursed by the MPWD as per the provision of Entitlement Matrix in the RP;

(iv) to prepare due-diligence report for subsequent loan processing under MFF on

resettlement implementation of sub-project under existing loan based on the status of RP implementation along with developing specific monitoring Indicators for Displaced Peoples (DPs) with special emphasis on Indigenous people. For doing this, there is need of Socio-economic survey of around 10% DPs based on random sampling method on the specific indicators of development to know whether land acquisition/resettlement objectives have been generally met;

(v) to monitor and guide the NGO for resettlement implementation, preparing the

Micro Plan, monthly progress report, undertaking meaningful public consultation and dissemination of information on project implementation, ensuring proper grievance redress procedures are followed, livelihood restoration/Income generation training, HIV/AIDS awareness programme, and other programme related to the design of the project. Besides, the expert will also guide NGO on human trafficking through community awareness activities, as well as monitoring the compliance of core labor standards by civil works contractors.


D. Approach and Methodology 10. The external social monitor is responsible to support and build the capacity of the

EA/IAs, review of the documents, verify the data, provide advice for the implementation of RPs, IPP and Corrective action Plan (CAP) if any, in accordance with the ADB SPS, 2009 and applicable Government of India and Government of Manipur laws. The approach and methodology followed for the above-mentioned scope and objectives are mentioned below.

(a) Review of available documents and validation of data; (b) Assessment of RPs implementation status, identification of issues, gaps and

reasons thereof; (c) Site visits and meetings/consultations with EA/IAs, CSCs, DPs, NGOs and

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

comply with ADB’s SPS, 2009 and applicable national and state laws. 11. The qualitative research techniques were adopted randomly for the collection and

verification of data in the IKTR sub-project. consultations and focus group discussions with available DPs/AHs on sub-project site were undertaken, besides undertaking unstructured interviews with them and other stakeholders during JAS.

E. Resettlement Principles of IKTR Sub-project

12. The ADB expects IA to adopt Safeguard Policy Statement (SPS) in 2009 including

safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups by designing Entitlement Matrix (EM) with provision of social safeguards measures mentioned below. i. Entitlements Matrix

13. The Entitlement Matrix for Imphal-Kangchup-Tamenglong Road sub-project section has been approved by ADB, that summarizes the types of losses and the corresponding nature and scope of entitlements; and in compliance with National Laws and ADB SPS-2009 (refer to Table-1A and 1B). Although, the loss of land will not be compensated to the individual DPs under Kangchup-Tamenglong Road subsection due to donation of land agreement but Resettlement and Rehabilitation (R&R) compensation and assistance will be fully paid. In cases of Imphal- Kangchup road sub-section Land Acquisition (LA) will be undertaken by Revenue Department of Government of Manipur (GoM) by paying proper compensation and through R&R assistance. Considering the different types of impact enumerated in IKTR sub-project section having valley/plain area with title holders (THs) and non-titleholders (NTHs) and hill section with community and customary rights to land; separate Entitlement Matrix (EM) has been devised and approved by GoM and ADB for Imphal - Kangchup and Kangchup - Tamenglong road project. Entitlement Matrix Table 1A and 1B below covers all type of impacts, entitlement for compensation and assistance under the broad IKTR sub-project context.


Table-1(A): Entitlement Matrix for Imphal-Kangchup Section (Valley / Plain Area) under SRCIP: Tranche-1

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

Land 1-a Loss of

private land Agricultural land1, homestead land or vacant plot

Legal titleholders/ Family with traditional titleholders2

Compensation at replacement cost or land-for-land where feasible3. If land-for-land is offered, titles will be in the name of original landowners.

One-time Resettlement allowance4 of Rs.50,000 per affected family5.

Each affected family shall be eligible for choosing one-time assistance option from: (i) Where jobs are created through the project, employment for at least one member of the affected family with suitable training and skill development in the required field; or (ii) One-time payment of Rs.5,00,000 per affected family.

Displaced families6 belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive

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

Vulnerable households will be identified during the census.

Re-titling to be completed prior to project

District Collector / Deputy Commissioner shall determine the market value of the land and multiply by the factors and add 100% solatium as specified in LARR Act. PIU will ensure provision of notice. PIU will verify the extent of impacts through a 100% survey of APs,

1 The LARR, 2013 Act says no irrigated multi cropped land shall be acquired under this Act, except in exceptional circumstances, as a demonstrable last resort. Wherever such land is acquired, an equivalent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security. Such costing shall also reflect while preparing Resettlement Budget.

2 Traditional land rights refer to households with customary rights to land, and shall be treated equivalent to titleholders. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 defines “Forest Dwelling Scheduled Tribes” as the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests and forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. The act provides right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement or rehabilitation prior to the 13th of December 2005.

3 Including option for compensation for non-viable residual portions. 4 The LARR Act–2013 specifies that each affected family shall be given one time Resettlement Allowance of Rs.50,000/- only. This is to cover transport and shifting. 5 ‘Family’ includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him. Widows, divorcees and women deserted by families shall be considered separate family. An adult of either gender with or without spouse or children or dependents shall be considered as a separate family – as defined under LARR Act–2013.

6Displaced family" as defined by the LARR Act–2013, means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area. According to ADB SPS-2009, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary




Responsible Agency

additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

completion For option of

choosing job created through project, job will be paid at living wage and monitored by CSC.

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 land owners).

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance


Land owners will reimburse tenants and leaseholders land rental deposit or unexpired lease


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

2-a Loss of Government land

Vacant plot, Agricultural land, homestead land

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

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.



PIU will ensure provision of notice and identify vulnerable households.

restrictions on land use or on access to legally designated parks and protected areas. Thus, under this RF, the subsistence allowance is applicable for all affected families losing land irrespective of their nature of physical or economic displacement.




Responsible Agency

2-b Loss of Government land

Vacant plot, Agricultural land, homestead land, RoW of road

Non-Title Holders/ Squatters7, Encroachers8

At least 60 days advance notice to shift from occupied land.

Notice to harvest standing seasonal crops and compensation.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance



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

Residential Structures9 3-a Loss of

residential structure

Residential structure and other assets10.

Legal titleholders: Family with traditional land right

Each affected family shall be eligible for choosing one-time assistance option from: (i) Replacement cost of the structure and other

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

or (ii) In Rural area, the displaced family will be

provided with the option of constructed house as per Indira Awaas Yojana specifications in lieu of cash compensation;

(iii) In Urban area, the displaced family will be provided with the option of constructed house of minimum 50 sq. m. plinth area in lieu of cash compensation.

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



Wherever DPs opt for self- construction, land and structures will be compensated at replacement

District Collector/Deputy Commissioner shall determine the market value of the structure and add 100% solatium as specified in LARR Act. Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

7Squatters are those who have no recognizable rights on the land that they are occupying.

8 Encroachers are those who build a structure which is in whole or is part of an adjacent property to which he/she has no title. 9Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 10 Other assets include, but are not limited to walls, fences, sheds, wells, etc.




Responsible Agency

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

One-time Resettlement allowance of Rs.50,000 per affected household

One-time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction

All displaced families will receive one time shifting assistance of Rs.50,000 towards transport costs etc.



cost Assessment of

viability of remaining structure will be made in consultation with DPs

3-b Loss of residential structure

Residential structure and other assets

Tenants and leaseholders

Replacement cost of part/whole of structure constructed by the tenant/leaseholder without depreciation, and this will be deducted from the compensation amount of the owner.

Compensation for rental deposit or unexpired lease.

Right to salvage materials (of the portion constructed by tenants or leaseholders) from structure and other assets

One-time Resettlement allowance of Rs.50,000 per affected family

One-time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction.

All displaced families will receive one time Shifting assistance of Rs.50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste

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


Valuation committee will verify replacement value. PIU will verify the extent of impacts through 100% surveys of AHs determine assistance, verify and identify vulnerable households.




Responsible Agency

(SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households 3-c Loss of



Non-Title Holders/ Squatters, Encroachers

Replacement cost of structure constructed by the squatter without depreciation

Right to salvage materials from structure and other assets






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

Commercial Structures 4-a Loss of

commercial structure

Commercial structure and other assets

Legal titleholders Family with traditional land right

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




One-time financial assistance of Rs.25,000 to the families losing shop for reconstruction of shop.


Vulnerable

households will be identified during the census.

Valuation committee will determine replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.




Responsible Agency

All physically displaced families will receive one time shifting assistance of Rs.50,000 towards transport costs etc.


Additional assistance to Vulnerable Households 4-b Loss of





Compensation for rental deposit or unexpired lease.

Right to salvage materials (of the portion constructed by tenants or leaseholders) from structure and other assets


All displaced families will receive both: (i) One time Shifting assistance of Rs.50,000 towards transport costs etc.; and (ii) monthly Subsistence allowance of Rs.3,000 for one year (total Rs.36,000) from the date of award



Land/structure owners will reimburse tenants and leaseholders land rental deposit or unexpired lease. Vulnerable households will be identified during the census.


4-c Loss of commercial structure

Commercial structure and other

Non-Title Holders/Squatters, Encroacher


Right to salvage materials from structure and

Vulnerable households will be identified during

PIU will verify the extent of impacts through 100%




Responsible Agency

assets other assets One-time Resettlement allowance of Rs.50,000

per affected family All displaced families will receive one time shifting

assistance of Rs.50,000 towards transport costs etc.



the census. surveys of AHs determine assistance, verify and identify vulnerable households.

Livelihood 5 Loss of

livelihood Livelihood Legal titleholder

losing business/ commercial establishment Family with traditional land right Commercial tenant Commercial leaseholder Employee in commercial establishment Agricultural laborer (long term) Artisans

One-time financial assistance of minimum Rs.25,000.

Skill up-gradation training to APs opted for (one member of the affected family) income restoration.

Preference in employment under the project during construction and implementation.

Monthly Subsistence allowance of Rs. 3,000 per month for one year (total Rs.36,000) from the date of award




PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households. For Agricultural labourer (long timer) Only those who are in fulltime / permanent employment of the land owner, will be eligible for this assistance. Seasonal agricultural laborers will not be entitled




Responsible Agency

Squatters 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 Non-Title Holders Squatter

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 Department for other trees/crops.

Harvesting prior to acquisition will be accommodated to the extent possible

Work schedules will avoid harvest season.

Seasonal crops will be given at least 60-day notice. If notice cannot be given, compensation for standing crops will be compensated at market value.

Market value of trees/crops has to be determined.

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

Vulnerable

7 Impacts on vulnerable APs

All impacts Vulnerable APs One-time lump sum assistance of Rs. 25,000 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 preferential in income restoration training programme under the project.

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

PIU will verify the extent of impacts through 100% surveys of AHs determine assistance, verify




Responsible Agency


Access to basic utilities and public services

and identify vulnerable households. The PIU with support from the CSC and NGO11will 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 PIU and NGO in consultation with local training institutes.

Temporary Loss 8 Temporary

loss of land12

Land temporarily required for sub-project construction

Legal titleholders Family with traditional land right

Any land required by the Project on a temporary basis will be compensated in 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 quality13.

Assessment of impacts if any on structures, assets, crops and trees due to temporary occupation.

Valuation Committee will determine rental value and duration of construction survey and consultation with

11When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation. 12Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 13 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested

shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose.




Responsible Agency

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

Site restoration.

APs. PIU will ensure compensation is paid prior to site being taken-over by contractor. Contractor will be responsible for site restoration.

9 Temporary disruption of livelihood

Legal titleholders, non-titled APs

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 EMP14.

Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.15

Identification of alternative temporary sites to continue economic activity.

Valuation Committee will determine income lost. Contractors will perform actions to minimize income/access loss.

Common Resources 10 Loss and

temporary impacts on common resources

Common resources

Communities Replacement or restoration of the affected community facilities – including public water stand posts, public utility posts, temples, shrines, etc.

Follow ADB SPS PIU and Contractor.

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.

- PIU will finalize the entitlements in line with ADB’s SPS, 2009.

14 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where

required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time.

15 For example assistance to shift to the other side of the road where there is no construction.


Table-1(B): Entitlement Matrix for Kangchup-Tamenglong Section (Hill Area Non-Revenue Land with Community and Customary Right to Land) under SRCIP: Tranche-1



Responsible Agency

Residential Structures16 1-a Loss of


Residential structure and other assets17.

Family with traditional land right

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



One-time Resettlement allowance of Rs.50,000 per affected household

One-time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction




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/Deputy Commissioner shall determine the market value of the structure and add 100% solatium as specified in LARR Act. Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

16 Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 17 Other assets include, but are not limited to walls, fences, sheds, wells, etc.




Responsible Agency

1-b Loss of residential structure




Compensation for rental deposit or unexpired lease. Right to salvage materials (of the portion constructed by

tenants or leaseholders) from structure and other assets


One-time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction.

All displaced families will receive one time Shifting assistance of Rs.50,000 towards transport costs etc.



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


Valuation committee will verify replacement value. PIU will verify the extent of impacts through 100% surveys of AHs determine assistance, verify and identify vulnerable households.

1-c Loss of residential structure


Non-Title Holders/ Squatters, Encroachers








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

Commercial Structures




Responsible Agency

2-a Loss of commercial structure



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




One-time financial assistance of Rs.25,000 to the families losing shop for reconstruction of shop.

All physically displaced families will receive one time shifting assistance of Rs.50,000 towards transport costs etc.




Vulnerable

households will be identified during the census.


2-b Loss of commercial structure




Compensation for rental deposit or unexpired lease. Right to salvage materials (of the portion constructed by

tenants or leaseholders) from structure and other assets


All displaced families will receive both: (i) One time Shifting assistance of Rs.50,000 towards transport costs etc.; and (ii) monthly Subsistence allowance of Rs.3,000 for one year (total Rs.36,000) from the date of

Structure owners will reimburse tenants and leaseholders land rental deposit or unexpired lease. Vulnerable households will be identified during the census.





Responsible Agency

award Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households 2-c Loss of



Non-Title Holders/Squatters, Encroacher








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

Livelihood 3

Loss of livelihood

Livelihood Family with traditional land right Commercial tenant Commercial leaseholder Employee in commercial establishment Agricultural laborer (long term)

One-time financial assistance of minimum Rs.25,000. Skill up-gradation training to APs opted for (one

member of the affected family) income restoration. Preference in employment under the project during

construction and implementation. Monthly Subsistence allowance of Rs.3,000 for one

year (total Rs.36,000) from the date of award Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.



PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households. For Agricultural laborer (long timer) Only those who are in




Responsible Agency

Artisans Squatters

fulltime / permanent employment of the land owner, will be eligible for this assistance. Seasonal agricultural laborers will not be entitled for this assistance.

Trees and Crops 4 Loss of

trees and crops

Standing trees and crops

Family with traditional land right Agricultural tenant/ leaseholder Sharecroppers Non-Title Holders Squatter

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 Department for other trees/crops.

Harvesting prior to possession will be accommodated to the extent possible

Work schedules will avoid harvest season.

Seasonal crops will be given at least 60-day notice. If notice cannot be given, compensation for standing

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




Responsible Agency

crops will be compensated at market value.

Market value of trees/crops has to be determined.

Vulnerable 5 Impacts on

vulnerable APs

All impacts Vulnerable APs One-time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other assistance provided in items 1-a, 1-b,1-c, 2-a, 2-b, 2-c and 3

Receive preferential in income restoration training programme under the project.


Access to basic utilities and public services

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

PIU will verify the extent of impacts through 100% surveys of AHs determine assistance, verify and identify vulnerable households. The PIU with support from the CSC and NGO18will conduct a training need assessment in consultations with the displaced persons so as to develop

18 When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation




Responsible Agency

appropriate income restoration schemes. Suitable trainers or local resources will be identified by PIU and NGO in consultation with local training institutes.

Temporary Loss 6 Temporary

loss of land19

Land temporarily required for sub-project construction


Any land required by the Project on a temporary basis will be compensated in 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 quality20. Location of construction camps will be fixed by

contractors in consultation with Government and local community.

Assessment of impacts if any on structures, assets, crops and trees due to temporary occupation. Site restoration.

Valuation Committee will determine rental value and duration of construction survey and consultation with APs. PIU will ensure compensation is paid prior to site being taken-over by contractor. Contractor will be responsible for site restoration.

19 Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 20 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested

shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose.




Responsible Agency

7 Temporary disruption of livelihood


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 EMP21.

Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.22

Identification of alternative temporary sites to continue economic activity.

Valuation Committee will determine income lost. Contractors will perform actions to minimize income/access loss.

Common Resources 8 Loss and

temporary impacts on common resources

Common resources

Communities Replacement or restoration of the affected community facilities – including public water stand posts, public utility posts, temples, shrines, etc.

Follow ADB SPS

PIU and Contractor.

Other 9

Any other loss not identified

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

- PIU will finalize the entitlements in line with ADB’s SPS, 2009.

21 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where

required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time.

22 For example assistance to shift to the other side of the road where there is no construction.

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F. Resettlement Impacts

14. ADB has approved total two Resettlement Plans (RPs), comprising of one RP each for valley section and hill section separately and one Indigenous Peoples Plan for IKTR sub-project during the month of November 2015. The social and resettlement impact assessment of 107.97 Km Imphal-Kangchup-Tamenglong Road (IKTR) sub-project was undertaken based on the Sub-project Appraisal Report (SAR), Detailed Project Report (DPR) including Resettlement Plan (RP) and Indigenous Peoples Plan (IPP) prepared before the loan approval. The Involuntary Resettlement (IR) categorization for the IKTR sub-project is Category-A, and also Category-A for Indigenous Peoples. i. Land Acquisition and Resettlement Plan of IKTR Sub-project

15. The resettlement impact was enumerated based on final alignment of DPR by preparing RPs for IKTR sub-project, which has been approved by the ADB. Land Acquisition Plan (LAP) prepared and approved during the month of November 2015 for IKTR sub-project is 649.07 acres / 262.669 hectares of land, which needs to be acquired. Out of the total estimated land requirement for Imphal-Kangchup road sub-section, private land acquisition is 17.31 acres / 7.005 hectares and rest land will be transferred from Government and community. Where as in case of Kangchup-Tamenglong road sub-section, all the required land would be donated by the villagers. Based on the complete census survey carried out for the sub-project, 807 households with 4128 persons are identified to be displaced due this sub-project intervention. Out of 807 households, 806 households will be affected due to loss of structures. There are 223 households being physically displaced as they are losing their residential structures and 584 households will be economically displaced due to loss of productive land, commercial structures and livelihoods. There are 115 Common Properties Resources (CPRs) including religious structures and government structures that will be affected by the proposed road widening and new road construction. The summary findings according to Resettlement Plan (RP) of IKTR sub-project is presented in the following Table 2.

Table-2: ADB approved Resettlement Plan Impacts for IKTR Sub-project Sl. No. Impacts

Imphal – Kangchup subsection

Kangchup – Tamenglong subsection

Total

1 Total number of private structures affected 615 191 806 2 Total land area required (in acres) 96.05 donated 96.05

3 Area of private land to be acquired (in acres) 17.31 0 17.31

4 Total number of displaced households 680 127 807 5 Total number of displaced persons 3354 774 4128

6 Total number of economically displaced households 533 51 584

7 Total number of physically displaced households 147 76 223

8 Total number of vulnerable households displaced 408 127 535

9 Total number of CPR (structure) affected 95 20 115 Source: Resettlement Plan for Imphal-Kangchup-Tamenglong road sub-project.

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ii. Loss of Livelihoods in IKTR Sub-project

16. As reported in the RPs for IKTR sub-project, the loss of livelihood, has been estimated and approved by ADB. Total 763 DPs losing livelihoods includes 82 owners of agricultural land, 8 agricultural leaseholders, 20 sharecroppers, 320 owners of commercial structures, 103 owners of residential cum commercial structures, 34 employees in commercial structures, and 196 commercial tenants. The details of impact on livelihoods under the sub-project are presented in the Table 3.

Table-3: Loss of Livelihoods in IKTR Sub-project Sl. No.

Loss of Livelihoods in the Sub-project

Imphal – Kangchup

Section

Kangchup – Tamenglong

Section Total

1 Owners of Agricultural Land 82 0 82 2 Agricultural Leaseholders 8 0 8 3 Sharecropper 20 0 20 4 Loss of Commercial Structure 284 36 320

5 Loss of Residential cum Commercial Structure 99 4 103

6 Employees in Structures 23 11 34 7 Commercial Tenants 180 16 196

Total 696 67 763 Source: Resettlement Plan for Imphal-Kangchup-Tamenglong road sub-project.

iii. Vulnerable Households affected in IKTR Sub-project

17. According to RPs of IKTR sub-project 535 households have been identified as

vulnerable households, which include 408 in Imphal-Kangchup section and 127 in Kangchup-Tamenglong section. The vulnerable household details are presented in the Table-4.

Table-4: Vulnerable Households affected in IKTR Sub-project Sl. No. Vulnerable Categories

Imphal – Kangchup Section (No. of Households)

Kangchup – Tamenglong Section (No. of Households)

1 Scheduled Caste Households 98

All the 127 households are vulnerable as they belong to scheduled

Tribe community.

2 Scheduled Tribe Households 17 3 Women Headed Households 48 4 PwDs headed Households 10 5 Below Poverty Line Households 116

6 Households below Minimum Per-capita Income 119

Total 408 127 Source: Resettlement Plan for Imphal-Kangchup-Tamenglong road sub-project.

iv. Plan for further Public Consultation and Disclosure Plan

18. Public consultation and participation are recognised as a continuous two-way process beneficial in project 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 APs and other stakeholders were consulted during the planning through focus group discussions and individual interviews and this procedure will continue till the completion and commissioning of IKTR sub-project.

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G. Actual Impacts during Implementation of Sub-project

19. Minimizing land acquisition and resettlement impacts were included in the design and DPR of Imphal-Kangchup-Tamenglong Road (IKTR) sub-project. All land required for the sub-project components have been identified and there will be land acquisition and permanent displacement of people as a result of the road construction work. However, there will also be temporary impacts on non-titled persons, hawkers and vendors during this road construction work.

20. The IKTR sub-project section will be constructed through two sub-sections. First, Imphal-Kangchup road sub-section starts from Naoremthong (Imphal city) to Kangchup (valley section), passing through highly populated residential and commercial area. Second, Kangchup-Tamenglong Road sub-section is totally passing through mountainous terrain (hill section) with scattered village habitation. i. Imphal-Kangchup Section

21. The land acquisition process for Imphal-Kangchup Road sub-section under District

“Imphal West” has been further initiated by the Government of Manipur (GoM) through notification on 23rd June 2018, under which the State government notified under Section 11(1) of “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” for acquisition of land measuring 63.3697 acres / 25.6448 hectares described in the schedule here with for a public purpose i.e. construction of “Imphal-Kangchup-Tamenglong Road” section under ADB assisted SCRIP in respect of Village No. 87 Uripok, 88–Lalambung, 92–Iroisemba and 93–Takyelkhongbal of Lamphel Sub-Division (7.7436 acres) and No. - 52–Laingam Khul, 53–Lamshang, 57–Kangchup, 58–Awang Lairenkabi, 59–Kharang Koireng, 62–Kha Lairenkabi, 63–Heibongpokpi, 64–Haorang Sabal, 95–Taothong and 105–Lamdeng Khunou of Lamshang Sub-Division (55.6261 acres) in Imphal West District as per the land schedule and that the Additional District Magistrate, Imphal West has been appointed as Administrator under Section 43 of the said Act for the purpose of rehabilitation and resettlement. Further, the Governor of Manipur is also pleased to authorize the concerned Sub-Divisional Officer(s), Sub-Deputy Collectors(s), AS&SO(s) and staff under their control to take steps under the provisions of Section 12 read with Section 13 of “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” and to submit report to the Collector (LA), Imphal West. The LA notification of 23rd June 2018 for Imphal-Kangchup sub-section has been published in the local daily newspaper (English and Manipuri), i.e. “The Sangai Express” and “Poknapham” respectively on 10th July 2018, a copy of which is annexed here in this report. Please refer to Appendix-1 for publication in “The Sangai Express”. In parallel, the State Government also has constituted a committee on October 11, 2016 for direct purchase of land through negotiation with land owners (Refer to Appendix-2).

22. Based on the available information with PIU/MPWD, out of the total 63.3697 acres / 25.6448 hectares of land requirement for Imphal-Kangchup section, 43.94052 acres / 17.78209 hectares of land is State Government land. The land to be acquired from private person is 19.42918 acres / 7.86271 hectares only. No village-wise break-up data on land acquisition is available for 1.89418 acres / 0.766548 hectares of private land. Village-wise data of land requirement available for acquisition in Imphal-Kangchup sub-section is presented below in the Table 5.

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Table-5: Status of Land Acquisition in Imphal-Kangchup Section (village-wise)

Source: Available information with PIU/MPWD collected and compiled for tabular presentation.

23. The JAS has been completed recently for Imphal-Kangchup section and the final report is awaited. Based on the available information with PIU, a total of 633 structures are affected, which includes titleholders (THs) and non-titleholders (NTHs) chainage from Km 0+00 to 12+900. However, no break-up data reported by JAS team yet on affected structures. JAS team comprised of officials of SDO/SDC Lamphel, line departments viz. PWD, Agriculture, Horticulture, Forest and Fisheries. Please refer to photographs of JAS undertaken attached here in Appendix-3. No private land acquisition has been completed in Imphal-Kangchup road sub-section except the notification under Section 11(1) by Government of Manipur (GoM). The Land Acquisition and Resettlement process of external monitoring undertaken till June 2018 is given in Appendix-21. ii. Kangchup-Tamenglong Section

24. There will not any private land acquisition for Kangchup-Tamenglong Road sub-section. The land required for construction of the Kangchup-Tamenglong road sub-section has been donated by the land owners / village Chiefs / village Headmen. The Principal Chief Conservator of Forest, Imphal has approved on May 28, 2016 for the diversion of 182.86 hectares forest land for the construction of Imphal-Kangchup-Tamenglong Road (IKTR) section under Districts of Kangpokpi (earlier Senapati), Noney (new district) and Tamenglong. Refer to Appendix-4 for Office Order of the Principal Chief Conservator of Forests, GoM.

25. All the land required for ‘Kangchup-Tamenglong’ sub-section under IKTR sub-project have been transferred by the land owners/village chief/headmen through a deed of agreement, which has been registered. All the required 69 numbers of land donation agreements have been executed between land owners/village chief/headmen and Project Director of Externally Aided Projects (PD-EAP) under MPWD. This MOU for

Sl No

Name of Village / Ward

Private Land

acquisition in

Hectare

Govt. Land

acquisition in

Hectare

Land acquisition required in

Sq. mt./Acres/ Hectare

Section 11, preliminary notification

for land acquisition

Section 11 (5)

appointment of

administrator of R&R

Remarks

1 97-Uripok 0 0.0041 Total 63.3697 acres/ 25.6448 hectares of land required, out of 43.94052 acres/ 17.78209 hectares of land are State Government land. Private land is 19.42918 acres/ 7.86271 hectares only.

Notified Vide No. 4/26/LA/2015-com (Rev) - pt-2 dt. 23.06.2018

Additional District Magistrate, Imphal West has been appointed as Administrator in the same notification of Section 11 read with Section 12 and 13.

The assessment report of standing properties of the Non-title holders has been submitted to the DC, Imphal West by the respective line department. However, the report is yet to be received by PIU, PWD, Manipur. The EA has to get approval of the Government for allocation of necessary fund for disbursement to DP's.

2 88-Lalambung 0.5157 0.9245 3 92-Iroisemba 0.1954 1.4939 4 93- Takyel

Khongbal 0 0

Sub-total 0.7111 2.4225 5 52-Laingam Khul 0 0.009105 6 53-Lamshang 0.919202 3.03514 7 57-Kangchup 0.857322 2.115858

8 58- Awang Lairenkabi 1.023413 2.668092

9 59- Kharang Koireng 0.657743 0.645473

10 62- Kha Lairenkabi 0.233503 0.630743 11 63- Heibongpokpi 0.164747 1.383013 12 64- Haorang Sabal 0.870600 0.553569 13 95-Taothong 1.520719 1.875556

14 105-Lamdeng Khunou 0.137835 2.443127

Sub-total 6.385089 15.35963 Total 7.096162 17.78217

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the donation of land has been signed on Non-Judicial Government of India Stamp Paper since March 2016. The signed MOUs have been registered by the respective Registrar/Tahasildar till date is 61 from Tamenglong District and 8 from Senapati District. Copy of sample “Agreement Deed” and copy of sample letter issued by the Office of the Sub-register, GoM is attached in the Appendix-5.

26. Based on the final alignment of DPR and implementable design for Kangchup- Tamenglong road sub-section, the JAS has commenced since May 17, 2016, by concerned Government agencies for standing properties/assets viz: standing structures, horticulture/agricultural crops, timber trees, fisheries. To further speed-up the process of JAS in Kangchup-Tamenglong road sub-section, PD-EAP has issued a letter on 27th March 2018, to the Director, Department of Agriculture, GoM, requesting for field verification report of village Kangchup Chiru in respect to agricultural land at project road alignment from Km 12+900 to Km 17+000 under ADB assisted SRCIP Project in the State of Manipur (Copy of letter attached in Appendix-6).

27. According to the approved Micro Plan till 30th June 2018 for the Kangchup -Tamenglong road sub-section; a cumulative amount of Rs.3,31,10,226/- has been sanctioned for the disbursement of compensation payable for losses of horticultural class of trees and agricultural crops in chainage between km 12.900 and 98.550 for 79 DPs/AHs in total. Out of this total, a cumulative amount of Rs.3,30,70,968 has been disbursed to 75 DPs/AHs as compensation payable for horticultural class of trees at sub-project chainage between 12+900 and 34+900, and horticulture and agriculture compensation at chainage between 72+400 and 82+500, and chainage 97+760 to 98+550. The balance 4 DPs/AHs have not collected their bank cheques yet with a total amount of Rs.39,258. Out of these 4 DPs/AHs, it is believed that 01 DP/AH is missing from the village. The status of the approved micro-plans in total and compensation amount disbursed with percentage of achievement till June 30, 2018 is mentioned in Table 6. A sample copy of Micro Plan attached in Appendix-7.

Table-6: Status of Micro-plan and amount disbursed till June 30, 2018.

Chainage of

Micro-plan

No. of AHs/DPs as

per approved

Micro-plans

Total amount

approved in Micro-

plans (INR)

No. of

DP/ AHs paid

% of achievement (DPs/

AHs)

Total disbursed

amount (INR)

% of achievement (amount disbursed)

Remarks

12.900 to

98+550 79 3,31,10,226 75 94.93670 3,30,70,968 99.88143

Micro-plan for horticultural class of trees and agricultural crops only Satisfactory progress

Source: Approved stretch-wise Micro-plans of NGO and R&R disbursement register of PIU/MPWD for IKTR sub-project.

28. Preparation and approval of Identity cards (IDs) for each affected DPs/AHs for disbursement of the compensation and assistance based on approved Micro-plan has been prepared by the NGO. ID cards is containing detailed information about the affected households, entitlement for compensation and assistance. Such approved ID cards signed by the RO (PIU) and NGO representative were distributed to the concerned affected households and its copy has been kept in PIU office for record. A sample approved Identity Card of DPs/AHs attached in Appendix-8.

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29. The bank account of entitled head of affected households in the nationalized Bank was required for depositing the cheque for compensation and assistance amount. NGO has assisted the affected households for opening the Bank accounts and also verified the existing accounts required for the transactions. Compensation cheques were handed over publicly to the entitled displaced persons under the IKTR project. Photographs of compensation disbursement and receipt memo for disbursed compensations are attached in Appendix-9 for reference.

30. The cut-off date for Kangchup-Tamenglong road sub-section of this IKTR project was fixed as the date of start of survey i.e. May 17, 2016. In this context, a notification has been issued dated September 20, 2016 by PWD, GoM (Refer to Appendix-10).

31. Detail status of chainage and village-wise land acquisition and disbursement for compensation, assistance and other related activities undertaken till date is attached in Appendix-21.

32. In order to safeguard the community interest and sentiment attached with CPRs; it is advised that the construction work on CPRs or adjacent to CPRs need to be avoided till meaningful community consultation is undertaken by the NGO. No CPRs are impacted till June 2018 along the IKTR subproject due to ongoing construction work. All issues and grievances related to CPRs must be brought to the notice of NGO and PD-EAP by the contractor at the earliest possible. CPRs available along the Kangchup-Tamenglong Road sub-section are mostly Government Property, Community hall and Cemetery. The cemetery at chainage 32+200 has been re-aligned and will not be affected.

H. Institutional Arrangements

33. SASEC Road Connectivity Investment Programme (SRCIP) is being carried out by the Government of Manipur (GoM) acting through the Manipur Public Works Department (MPWD) as Executing-cum-Implementing Agency (EA and IA). The Project Implementation Unit (PIU) within EA (MPWD) headed by a Project Director (PD) for Externally Aided Project (EAP) has been established. The PD will have overall responsibility for the implementation of the project and will also be responsible for the overall coordination among ADB and GoM. A Nodal Officer has been appointed for dealing the social and resettlement implementation issues within PIU. PIU within MPWD is being assisted and supported by ISCD and CSC for project implementation, capacity development and supervision. Moreover, NGO is also responsible to assist and support PIU for RP and IPP implementation in IKTR sub-project.

34. The Social safeguards, gender and other monitoring responsibilities are summarized in Table-7. The implementation of RP will be guided and monitored by a set of institutions involved at various levels and stages of the sub-project. For successful implementation of the RP the proposed institutional arrangement with their role and responsibility has been outlined below. The primary institutions, who will be involved in this implementation process, are the following;

Table-7: Agencies Responsible for Social and Resettlement Plan Implementation

Key Agency Responsibility

Executing Agency (MPWD)

Make final decision on roads to be included under the project; Overall responsibility for project design, feasibility, construction and

operation and guide PIU;

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Ensure that sufficient funds are available to properly implement all agreed social safeguards measures;

Ensure that all sub-projects comply with the provisions of ADB’s SPS 2009 and GoI’s policies and regulations;

Submit semi-annual safeguards monitoring reports to ADB.

Project Implementation Units (PIU)

(a) District Level Disseminate project information to the project affected community with

assistance of NGO, CSC, ISCD Consultants; Ensure establishment of Grievance Redress Committee at the district

level for grievance redress with assistance of NGO, CSC, and ISCD Consultants.

(b) Field Level Disclosure of project information in public spaces and through relevant

media; Disseminate project information to the community in coordination with

NGO, CSC, ISCD Consultants; Facilitate the socioeconomic survey and census; Facilitate consultation by the civil works contractor with community

throughout implementation; Oversee land acquisition and coordinate with Deputy Commissioner; Supervise the mitigation measures during implementation and its

progress; Conduct internal monitoring and prepare reports.

RP Implementing NGO

Assist in the implementation of the RP if involuntary resettlement is identified;

Assist in the implementation of the Indigenous Peoples Plan (IPP) if involuntary resettlement is identified.

Implementation Support and Capacity Development Consultants (ISCD)

Provide technical support and advise to the IAs in the implementation of the RP specifically for addressing complaints and grievances and participate in resolving issues as a member of the GRC;

Monitor and assist the NGO by providing Technical Support and advice during implementation of RP;

Provide technical advice and on the job training to the contractors as necessary;

Preparation of semi-annual monitoring reports based on the monitoring checklists and submission to PIU/MPWD for further submission to ADB;

Act as External Monitor for project with significant impact.

Construction Supervision Consultant (CSC)

Provide technical support and advise to the IAs in the implementation of the RP specifically for addressing complaints and grievances;

Monitor and assist the NGO by providing Technical Support and advice during implementation of RP;

Provide technical advice and on the job training to the contractors as necessary;

Overall field level support to NGO and supervise RP implementation and reporting to PIU/MPWD.

Contractor Consult community and PIU regarding location of construction camps; Sign agreement with titleholder for temporary use of land and restore

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the land to equal or better condition upon completion; Commence construction work only when alignment is free of

encumbrance; Respond in a timely fashion to recommendations from GRCs

District level officials

Provide any existing socioeconomic information, maps and other related information to CSC/ISCD Consultant prior to the field data/information collection activities;

Act as the local focal point of information dissemination; Execute land acquisition process.

Community Based Organizations

Ensure the community participation at various stages of the project; Coordination with stakeholder organizations; Assist in Monitoring of the project; Providing indigenous knowledge as required.

Village Level Committee

Provide correct and accurate data and information from project formulation stage;

Assist the project team to implement the project smoothly; Arrange proper community participation

ADB Review RF and due diligence/RP and endorse or modify the project classification;

Review planning documents and disclose the draft and final reports on the ADB’s website as required;

Monitor implementation through review missions; Assistance to the EA and IA of sub-projects, if required, in carrying out

its responsibilities and for building capacity for safeguard compliance; Monitor overall compliance of the project to ADB SPS 2009.

35. The ISCD has a Social and Resettlement Specialist supported by Social

Development Specialist of CSC and is responsible for the preparation of External Social Monitoring Report (ESMR), institutional support and capacity development training material reports, Resettlement Plan, and Indigenous Peoples Plan including reviewing the progress of NGO work/activities and any other required reports desired by PIU/ADB. The Social and Resettlement Specialist of ISCD is reviewing and finalizing all reports in consultation with the Resettlement Officer (RO) of PIU. The ISCD Specialist is also submitting periodic external social monitoring and implementation reports to the office of PD (EAP), who is taking follow-up actions, where necessary.

I. Capacity Development

36. The dedicated staff of MPWD at head office and field level involved in land acquisition and resettlement activities will undergo an orientation training on ADB resettlement policy and management activities. Broadly, the training will cover topics such as; (i) Principles and procedures of land acquisition; (ii) Meaningful public consultation and participation; (iii) Entitlements of compensation and assistance and disbursement mechanisms; (iv) Grievance redressal mechanism; (v) Monitoring of resettlement and rehabilitation management operations.

L


The Social and Resettlement Expert of ISCD Consultant will impart training to the field office staff during the sub-project implementation as required. The specific components under the capacity development and training will cover the following topics along with the topics mentioned in detail in the Table No. 8. A Social Safeguards Capacity Building Monitoring format attached in Appendix-19 for reference. (a) Understanding the ADB Policy Guidelines and requirements and differences

between country policy and laws; (b) Understanding the policy and procedure adopted for the IKTR sub-project; (c) Understanding the Implementation Schedule activities step-by-step; (d) Understanding the Monitoring and reporting mechanism; (e) Understanding the economic rehabilitation measures.

L


Table-8: Proposed Training and Capacity Development Programme of MPWD officials and Stakeholders of IKTR Project

Sl. No.

Proposed Date Domain of Training and Capacity Building Programme Nature of Training

Time Morning Secession

(10.30 am to 1.00 pm) Afternoon Secession (2.30 pm to 4.15 pm)

1 To be

Decided (TBD)

Involuntary Resettlement (IR) Safeguards requirement rule as per ADB Safeguards Policy Statement, 2009.

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

2 TBD

Involuntary Resettlement (IR) Safeguards:

IR Safeguards Planning IR Safeguards Implementation IR Safeguards Monitoring




3 TBD Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013).




4 TBD

Legal Provisions for Tribes in India: Provisions of the Panchayat (Extension to

Scheduled Areas) Act (PESA), 1996. The Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006.




5 TBD

IP Safeguards Requirements: The Manipur (Hill Areas) District Councils Act, 1971 (Act

76 of 1971). IP Safeguards Planning and Implementation. Good Practice in Social Safeguards Implementation (A

Case Study)





J. RP implementation process

37. The implementation of RP and IPP requires several activities to be performed by the EA/IA. Such activities include conducting consultations with DPs and other stakeholders, disclosure of entitlement matrix, dissemination of project information, identification and verification of DPs, preparation of Micro-Plans (MPs), preparation and distribution of identity cards (IDs), opening of Bank Accounts of DPs if needed, assist the EA/IA in compensation disbursement, coordinate with DPs, EA/IA and officials of revenue and line departments, organizing GRC meetings, data collection for monitoring and reporting, updating of RPs as required, etc. At the field level, along with the PIU officials, NGO performed major role in carrying out the above-mentioned activities required for RP implementation. The work progress of NGO since mobilization in December 4, 2016 to till June 30, 2018, was assessed to be satisfactory. The delay in assessment of impacts, identification and verification of DPs, land acquisition in IKTR sub-project and procedural delay due to involvement of multiple Government agencies during JAS so far have been observed. However, in recent months, NGO has mobilized more resources including man-power. Moreover, NGO is helping PIU to follow-up the work related to land acquisition and resettlement issues with village community.

38. Based on the JAS of AHs/DPs by the concerned line department officials of land and revenue, PIU/NGO and others, the stretch wise impact has been assessed, micro-plan prepared for the households of Kangchup-Tamenglong road sub-section under the IKTR sub-project for horticultural class of trees, standing agricultural crops, structures, forestry, fisheries, etc. The submitted micro-plans of Kangchup-Tamenglong road sub-section was further verified by the Resettlement Officer (RO) at PIU level. Such verified micro-plans by the PIU has been submitted to GoM for final approval. The approved micro-plan is mandatory for disbursement of compensation and assistance amount to the titled and non-titled households. Micro-plan consists of detailed information like, name and address of entitled person, type and magnitude of impacts, value/rate considered for calculation of compensation amount of land and structure or any other loss of property, type of assistance (shifting, transitional, training, special to vulnerable groups, etc.) as per the entitlement matrix. In this Kangchup-Tamenglong road sub-section, land has been donated by village chief/authority. The notification for land acquisition under section 11(1) of the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” for Imphal-Kangchup sub-section has been published by the GoM on 23rd June 2018. The preparation of micro-plan for the titled and non-titled DPs/AHs in Imphal-Kangchup road sub-section will be initiated soon by the NGO.

39. Implementation of RPs mainly consists of compensation to be paid for affected private land, structure, agriculture, horticulture, forestry, fisheries, etc. and rehabilitation and resettlement activities in IKTR sub-project. The time for implementation of RPs will be scheduled as per the overall sub-project implementation. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Disbursement of compensation has been paid to the affected households (AHs) under Kangchup-Tamenglong road sub-section. In this context, a monitoring format is attached in Appendix-21 for reference. The EA and PIU will ensure that no physical or economic displacement of DPs occur until: (i) Compensation at full replacement cost has been paid to displaced persons for

project components or sections that are ready to be constructed;


(ii) Other entitlements listed in the resettlement plan are provided with displaced persons; and

(iii) a comprehensive income and livelihood rehabilitation programme, supported by adequate budget, is in place to help displaced persons, improve, or at least restore, their incomes and livelihoods.

40. No income restoration training programme is undertaken yet. In this context, a

monitoring format is attached in Appendix-11 for reference. Furthermore, all RPs will be revised during detailed design/construction, and the updated RPs will be approved by government and ADB for disclosure. Public consultation, monitoring and grievance redress has been undertaken intermittently and this will continue throughout the sub-project duration. However, the work schedule is subject to modification depending on the progress of the sub-project activities. The IKTR sub-project construction work of specific stretch will be undertaken only after all compensation disbursement is done and resettlement and rehabilitation process completed, or any such measures are in place.

41. Public Consultation Meeting (PCM) and Focused Group Discussion (FGD) is the primary method of communication and preliminary information disclosure with the DPs/AHs and all other stakeholders about the sub-project. During this semi-annual period, a consultation meeting was held on 16th February 2018 at the village Waphong Inthan participated by village head, all DPs/AHs, NGO, CSC and ISCD consultants to address the cemetery issues, shifting of alignments, pollution due to soil cutting and dumping etc. Another consultation meeting and field verification was held at village Warangba-II on 19th and 23rd February 2018 to address the issue of rare and valuable tree cutting during clearing the forest for construction work. On 24th March 2018, a consultation meeting was held at village Nagaching on the basis of complaint by village Chairperson regarding the water pollution due to unauthorised soil cutting and dumping. To mitigate this issue, PD-EAP had directed the ISCD Social and Resettlement Expert to assess the ground situation and impacts due to soil cutting and dumping for further necessary remedial action plan to be undertaken during the next resumption of civil work. Photographs of consultation meeting held on 16th February 2018 and 24th March 2018 are presented in Appendix-12 and a consultation monitoring format is attached here for reference in Appendix-13. Project information dissemination to DPs/AHs under public disclosure policy is a continuous process, which has been undertaken by NGO along the IKTR sub-project.

42. Project Implementation Unit (PIU) level Grievance Redressal Committee (GRC) need to be constituted under SRCIP project road of IKTR subproject in Manipur to address Resettlement and Rehabilitation, disbursement of compensation and assistance issues. According to PIU, three (03) numbers of GRC will be constituted under Kangchup-Tamenglong road sub-section depending on the basis of public accessibility and geographical location. One GRC for the sub-section from km 12+900 (Kangchup) to km 34+900 (Waphong Inthan) has been constituted and notified on dated 14th November 2017, comprising of 18 members, which will work from Kangchup. The other two GRC will deal the sub-section from km 36+400 (Ijeirong) to km 70+450 (Warangba) and from km 71+450 (Khebuching) to km 102+020 (Glorylane), which will work from Noney and Tamenglong respectively. Further two more PIU level GRC will be constituted soon as indicated by PD-EAP. Copy of GRC notification attached in Appendix-14 for reference.

43. No GRM monitoring has been undertaken so far due to the non-availability of registered grievance for the GRC operating at Kangchup. A GRM monitoring format in this context is attached in Appendix-15 for reference.


44. Although no registered grievance has been reported yet, a Grievance Redressal Meeting (GRM) was held on 14th February 2018, at Project Director’s (PDs) Office with village chief of Waphong Inthan on the basis of unregistered complaint of villagers to PIU regarding impacts on cemetery due to soil cutting on the road alignment. The meeting was presided by PD - EAP, with the participation of PIU officials, Project Manager of Civil Contractor and representatives of NGO. As the cemetery is associated with the customs, traditions and religious beliefs of the indigenous people of village Waphong Inthan, the representatives expressed that the tomb of the cemetery be kept undamaged. Considering the beliefs and religious traditions of villagers, change of alignment was suggested by PD and advised for a field visit to undertake meaningful consultations with villagers. A joint field visit consisting of the representatives of Civil Contractor, NGO, CSC and ISCD was undertaken on 16th February 2018 for amicable solution with due consultation with villagers.

45. A meeting with GRC members of Kangpokpi area was held on 21st March 2018 at conference hall, PWD Office, Imphal, Manipur. The meeting was attended by the Grievance Redressal Committee (GRC) members of the Kangpokpi area, Civil Contractor, consultants of ISCD and CSC, NGO and PIU Staff. The main purpose of the meeting was to discuss the issues and problems hindering the progress of the road construction work and to find an acceptable solution to all stakeholders. During the discussion, all the members expressed their views and problems faced by the project affected people. All the issues were discussed in detail to bring an amicable solution. The MoM of the meeting is attached in Appendix-16 for reference.

46. Another meeting was held with Village Chiefs and Village Authorities of Noney and Tamenglong area on 22st March 2018 at conference Hall, PWD Office, Imphal, Manipur in presence of Civil Contractor, Consultants of ISCD and CSC, NGO and PIU Staff. The main purpose of this meeting was to discuss the issues and problems hindering the progress of construction work. During the discussion all the members expressed their views and problems faced by the AHs/DPs. All the issues were discussed in detail to bring an amicable solution. The MoM of the meeting is attached in Appendix-17 for reference.

47. To mitigate the various issues of LA, R&R compensation and assistance likely arising due to the implementation of IKTR sub-project; PD-EAP would shortly notify another two GRC at PIU level and one GRC at EA (State) level. The GRC will mitigate the issues of complaints on a periodic basis in close co-ordination with NGO, VLC, and representatives of DPs, IA and EA.

K. HIV/AIDS Awareness:

48. The highways and roads facilitate an easy access and mobility of people, including the high-risk groups. It has exposed and may cause the risk of HIV/AIDS transmission without its awareness and prevention measures. In this IKTR sub-project roads, implementing NGO in association with Contractor and staff of PIU have conducted HIV/AIDS awareness generation and prevention campaign on December 01, 2017 among the labour and staff working in the sub-project and the surrounding community at different locations. It was proposed to organize another training programme on HIV/AIDS during this semi-annual (January - June 2018) reporting period. So far, no HIV/AIDS activity was undertaken during this reporting period.

49. Such programmes were mainly conducted with the help of medical and paramedical staff of Manipur State AIDS Control Society (MSACS). The counselling/advisory on


HIV/AIDS, availability and distribution of condoms, voluntary confidential counselling for testing (VCCT) and STI treatment were undertaken for workers and village adults. NGOs also had personal contacts and group discussions at hot spots like highway hotels, truck parking places and contacted truck drivers, helpers, assistants, local community people for generating awareness through display of banners and posters against HIV/AIDS.

L. Grievance Redress Mechanism

50. A Grievance Redressal Committee (GRC) will be established at the district level with the primary objective of providing a mechanism to mitigate 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 headed by the District Collector (DC) or his designated representative. The GRC will have representative from the PIU field office, representatives of DPs, particularly of vulnerable DPs, local government representatives, representative of local NGOs and other interest groups as felt necessary. Since the NGO will be working closely with the DPs on a day-to-day basis to implement the RP, all Grievances will be routed through the NGO to the GRC. The NGO will act as an in-built grievance redress body. The NGO will register first all the grievances and take up with VLC for redress and any grievances not redressed at VLC level will be dealt in by the GRC. Grievances will be redressed within two to four weeks from the date of lodging the complaints, depending on severity of problem. The DPs, who may not be satisfied with the decision of the GRC, will have the right to take the grievance to the PIU Head Office for its redress. However, an aggrieved person will have access to the country's judiciary at any stage of the sub-project level grievance redress process. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the sub-project level of GRC. The PIU has requested the nominated NGO to propose suitable candidates for PWD and PIU level GRC members from DPs, IPs, and the local NGOs vide letter of dated 26.11.2016 (Refer to Appendix-18). (i) The State level GRC will comprise of the:

Chief Engineer, PWD, Chairperson; Project Director, ADB Cell, Member Secretary; Deputy Commissioner (or his representative); Resettlement Officer, ADB Cell; A representative from IP community or NGO for IP related issue.

(ii) The PIU level GRC will comprise of the:

PIU Head –Chairperson; A representative from District Administration; Executive Engineer, local PWD office/ Project Manager; Resettlement Officer, PIU, Manipur; A representative from local NGOs or a local person of repute and standing

in the society; Elected representative from Zila Parisad /District Council; A representative for women from a relevant agency which could be from

the government, or NGO or local community; A representative from IP community or NGO for IP related issue; A representative from DPs shall also be member of GRC.


(iii) One of the above members in the PIU level GRC will be a woman. The following flow chart (Figure 1) defines the process of the GRM.

Figure-1: Grievance Redress Mechanism

M. Corrective Action Plan

The RP implementation process of Imphal-Kangchup-Tamenglong Road (IKTR) sub-project has moved fast in this semi-annual reporting period. Few corrective action plans are suggested below;

During preparation of Micro-plan and fixing the compensation amount, a round

figure must be provided in-order to avoid further justification on un-disbursed balance amount under IKTR sub-project;

The summary of FGDs / public consultation meetings undertaken by NGO must be documented with signature of participants and photographs systematically;

Ensure that grievances from DPs/AHs of IKTR sub-project get registered at NGO level first; It has been observed that no grievance register is available with NGO;

Ensure periodic meeting of Grievance Redress Committees (GRCs) with participation of women representatives. So far, no GRC meeting undertaken till date;

Strengthen synchronization between CSC, ISCD and NGO in finalization of RP, IPP implementation and land acquisition plans by jointly working and drawing a definitive and reliable strip plans;

Organize consultation meetings with affected persons along sub-project road explaining final land acquisition impacts and their mitigation and disclose LARR information pamphlet in local language;


Corrective Action Plan Monitoring format is attached in Appendix-20 for reference.

N. Lessons learned 51. The best part of IKTR sub-project implementation is “land donation” in Kangchup-

Tamenglong Road (KTR) sub-section through MOU between project authority and the beneficiary stakeholders. This process of land donation should be encouraged to the beneficiary stakeholders and other DPs/AHs through participatory decision-making process in the upcoming sub-projects for construction of sustainable roads and other infrastructure.

O. Conclusion and Recommendations

Overall the implementation of LARR activities/RPs follows the ADB SPS, 2009, applicable National and State laws and policies. MPWD is committed to comply with the legal covenants.

Also, it is recommended that a Land Acquisition Officer (LAO) from land revenue department may be appointed on deputation in PIU/MPWD for smooth process of LA and compensation disbursement.

The construction work of any section under IKTR sub-project should not be undertaken, where DPs/AHs are not compensated according to the provision of RP and IPP.

The NGO may be instructed to mobilize more staff members and resources to speed-up the RP and IPP implementation process as earliest as possible.


Appendix-1 LA notification of GoM under Section 11(1) of “the RFCT in LARR Act, 2013”.


Appendix-2 Formation of Committee for purchase of land through Negotiation


Appendix-3 Photographs of JAS during the period January - June 2018

JAS of NTHs structure undertaken on 11th to 26th April 2018 and 1st - 5th June from Km. 0+000 to 12+900 on IKTR sub-section


Appendix-4 Office Order of the Principal Chief Conservator of Forests, GoM


Appendix-5 Sample copy of Land Donation by Agreement Deeds and Registration






Appendix-6 Letter of request to Director of Agriculture, GoM, for field verification report in respect of Agricultural land.


Appendix-7 Sample Copy of Micro Plan


Appendix-8 Sample approved Identity Card for DPs/AHs


Appendix-9 Photographs of Compensation disbursement and Receipt memo of

disbursed compensation


Appendix-10 Cut-off date Notification for Kangchup-Tamenglong Road Section


Appendix-11 Income Restoration Training Program Monitoring Project : Sub-project :

Date Venue Training Institution Participants No. & Type) Topics covered Comments


Appendix-12 Photographs of PCMs / FGDs held during Semi-Annual Social Monitoring period (January-June 2018)

Consultation meeting held on 16th February 2018 at village Waphong Inthan on issues shifting of the

Cemetery/alignment

Participants in the FGDs at village Waphong Inthan (Chainage 33+730)


Consultation Meeting held on 24th March 2018 at village Nagaching (Chainage 55+570) on issues of soil cutting, unauthorised dumping and water pollution.

Signature of the participants in the Consultation Meeting at Village Nagaching

Date of Meeting: 24th March 2018


Appendix-13 Consultation Monitoring Sub-project: Imphal-Kangchup-Tamenglong Road (IKTR)

Date Location Participants (No. & Type) Issues / Discussion Suggestions / Agreements

16th February 2018.

Waphong Inthan

12 participants represented by village Chairperson and Village community members.

Alignment issues as per DPR, which affects the Cemetery land area and Tombs nearby;

During the visit to Waphong village, it was found that the tomb and crematorium ground would be affected if DPR alignment followed for the construction of IKTR Project;

Need to shift the alignment;

Fear for the new alignment;

Taking responsibility to construct the protection wall at Tombs / Cemetery area for the prevention of soil erosion;

Need to construct new access road in the village, which is going to the paddy field;

Need water tank for the village.

Considering this sensitive religious issue, PIU advised the Social and Resettlement expert of ISCD and NGO, civil contractor and Supervision Consultant to visit the village Waphong Inthan to settle the issue in due consultation with the village community.

The present chairman (Kerijin) and the village authority wanted to change the alignment. But the previous chairman of Waphong village (Mr. B. P. Angam) want the proposed road

alignment as per DPR should be executed. Because during his tenure, he had given the assurance to change the tomb and cemetery land area by performing the necessary rituals.

The village authority and community people want that the road alignment should be shifted and not affect the Tombs in any cases.

The village authority agreed the suggestion of draft alignment given by representatives of CSC and Civil Contractor in-order to save the Tombs and the Cemetery land. This can be finalized only after having clear understanding of the proposed new alignment for road construction.

The new tentative proposed alignment as discussed during the consultation could be below the Tomb area by touching the existing rural road. If this would be finalised, then village community people want a protective wall in-order to save the Tombs area from the soil erosion and further destruction.

It was promised by the CSC and Civil Contractor that the final draft of implementable alignment drawing will be produced within 3 to 4 days with due approval of PIU, MPWD for further consultation with village community. After that, the village community people would like to understand the new changed alignment and shall be ready to sign an agreement based on the resolution passed among the village community.

The village authority wants this road to be built within the village boundary and don’t want any comment of neighbouring village.

By changing the actual alignment from the Tombs area to the down side rural roads area would not affect any religious sentiment or any major impact on environment. This new proposed alignment may not also affect the other approach roads in the village.

The contractor gave an assurance that the new alignment is below the tomb may not affect the other alignment which lead to the village. If the alignment is going up from the existing alignment, then the contractor cannot give any assurance on alignment.

The civil contractor has promised the village authority and other community members to construct protective wall at the Tombs / Cemetery area for the protection and prevention of soil erosion.


Date Location Participants (No. & Type) Issues / Discussion Suggestions / Agreements

The contractor has responded to the village community people that they would like to look after and improve all access road during IKTR road construction period.

Another approach road for better livelihood access will be constructed in the village. The representative of civil contractor assured to the village community people that during the

next site visit construction of approach road will be identified. 24th March, 2018

Nagaching 13 participants represented by village Chairperson is 01 women

The Chairperson of the village Nagaching raised an issue regarding pollution of water and blockage of natural water streams due to unplanned soil cutting and dumping in the village by the civil contractor along the project road, which needs urgent attention on corrective measures. To mitigate this issue, PD-EAP had directed the ISCD Social and Resettlement Expert to assess the ground situation and impacts due to soil cutting and dumping for further necessary remedial action plan to be undertaken during the next resumption of civil work.

To prevent any further damage on environment and water pollution unlike what happened at Chainage 56+070 to 56+110 due to soil cutting and dumping, it is suggested by the joint team and village community people that the civil contractor should safeguard the water stream sources first by adopting best available engineering practices. A few points are suggested below as a mitigation measures on the issue of water flow source blockage and prevention of water pollution as detailed below;

The civil contractor must identify stream water sources in the project influence area before the start of soil cutting or dumping in any location of IKTR project. After identification of stream water flow, the civil contactor should construct a suitable intake structure to collect stream water;

The civil contractor should lay a concrete pipe line to convey water up-to the existing location of natural intake from where community has laid the PVC pipeline to carry water to village;

The joint project team advised the civil contractor to be concerned towards nature by maintaining and safeguarding the natural and social environment by using locally available resources.

The village community people have proposed the requirement of three water storage reservoirs in the village for water for human and livestock consumption, which need to be connected through PVC pipes from stream water source to the reservoir at three different locations,

one reservoir required inside the Nagaching village school compound; the second reservoir is required at the downside of the village Nagaching; the third reservoir is required at the place where the present water tank is available for human

consumption, which has been damaged and is not having enough storage capacity.


Appendix-14 PIU Level GRC Constituted and Notified for the Section from Km 12+900 (Kangchup) to 34+900 (Waphong Inthan)


Appendix-15 GRM Monitoring Format

Sub-project: Imphal-Kangchup-Tamenglong Road (IKTR)

Date Complainant Receiving Officer Complaint Status of Resolution Comments


Appendix-16 Minutes of Meeting held on 21st March 2018 for IKTR Sub-Project

(Meeting with GRC Members of Kangpokpi Area) Date : 21-03-2018 Time : 11:30 Am Place of meeting: Mini conference Hall, PWD Office, Imphal, Manipur. Sl. No. Issues Discussed Mitigation Measures/Decision

Taken Remarks 1 Muck Disposal in Kangchup

Sonlung Joint Assessment to be

conducted by CSC and Civil Contractor

Compensation has to be paid by the contractor if disposal is done in unauthorised area

Compensation has to be paid by the contractor if disposal affects private land

2 Problem faced by the villagers due to deteriorating road condition (Kangchup Chingkhong to Kangchup Chiru)

The road is dusty during sunny days and muddy during rainy days

Affected owners wants to know the compensation amount for agriculture and forest entitled to them before the civil work progress further

PIU instructed HCC to take up some mitigation measures

HCC to give priority in the stretch

and make the road motorable. PD informed that compensation

for forest trees and structures will be paid as soon as possible probably within April 2018.

PIU directed ISCD social expert

to collect the data for forest and agriculture from the concerned departments

Civil contractor assured that road problems will be solved as soon as possible

For the forest, valuation

amount is available with the PIU but a new list is awaited after the reassessment.

For Agriculture,

reassessment was done for 11 affected owners.

3 Kangchup Bangla villager wants to shift the whole village as the road cutting may affect the whole habitation area due to landslide.

PIU Informed that the issue will be discussed later at the PIU office.

4 Waphong villagers wants to know the exact area to be affected so that they can plan for resettlement and new construction

The ROW of the road to be marked clearly as soon as possible

The civil contractor has taken the responsibility

It has to be confirmed as soon as possible

5 Pungmon complained about muck dumping in unauthorised area

The civil contractor has to pay the compensation

HCC will negotiate with the Pungmon villagers for the compensation amount

6 Disturbance to the workers All the concerned village authorities and chairman to take collective responsibility

Any issues and problem to be

informed to the NGO and discussed at the PIU level as far as possible.


Sl. No. Issues Discussed Mitigation Measures/Decision

Taken Remarks 7 Training to members of

affected household PIU informed that trainings for

livelihood generation will be conducted at a later stage, after achieving considerable progress in civil work

The type of training program will be based on the wish of the APs but it should be practicable.

Photo of GRC Meeting: Meeting of GRC members held on 21-03-2018 for Kangpokpi Area


Appendix-17 Minutes of Meeting held on 22nd March 2018 for IKTR Sub-Project (Meeting with Village Chiefs and Village Authorities of Noney and Tamenglong Area) Date : 22-03-2018 Time : 11:30 am Place of meeting: Conference Hall, PWD Office, Imphal, Manipur.

Sl No Issues Discussed Mitigation Measures/Decision Taken Remarks

1 Slow progress of the work

PD informed all the participants that the progress of the work is very slow and till date only 6% of the work is achieved

Requested all the concerned village authorities

and chairman to take collective responsibility in solving any problem

Project maybe down scaled due to delay in

progress of work There may be many mistakes from all the

stakeholders but we all should aim in solving any problem and issue amicably.

NGO is appointed to help the public, any issue

should be informed to NGO and discussed at the PIU level as far as possible before the matter reaches the DC office.

2 RO informed about the problems and hindrance in the project stretch.

Village Wise/Chainage wise discussion was conducted

Village wise discussion presented in the following points

3 Bhalok-3 There is no

disturbance from public

Problem of unauthorised Muck Dumping.

No progress in

work due to damage of agricultural Land

Cemetery

affected by the project alignment

Problem in

resettlement due to Land acquisition from the

Agriculture land damage was accessed by the SDO through DC office

6.35 Lakhs to be paid by Civil Contractor as

recommended by DC Tamenglong. Compensation amount of Two Lakhs for cemetery

has been proposed by DC. It will be discussed with villagers

Dumping to be done at the convenient and

authorised area which could be further developed as playground or community Hall

For problem in resettlement due to Land

acquisition from the middle of the village, PIU is Looking for alternatives, which will be discussed later

HCC to restore the roads as soon as possible as it

will affect the livelihood of the villagers PIU suggested to cease work at Bhalok area till

the dumping issues are solved.



Middle of the village

Muck on the

existing roads due improper dumping and no protection wall.

4 Ijeirong There are no

issues since the beginning but the progress of work unsatisfactory

Assessment

not done yet.

HCC to mobilise more dumpers so that work could progress faster

PIU to write letter to DC Tamenglong to conduct

the survey as soon as possible

Seven excavators were working in Ijeirong and Oktan but some of the excavators were withdrawn as the number of dumpers were less. It may cause dumping issues. (1 excavator may need the use two dumpers)

5 Oktan No work

progress Compensation

amount not yet received

There is designated dumping area but not done utilized.

Survey already conducted and only 3 Km left out. In this regard, DC Tamenglong has written a letter to SDO Haochong to conduct survey

PD assured that all the compensation will be paid By March 2019.

There is delay in survey as it is conducted by the Government Line departments, PIU has requested to expedite the survey in all the stretch.

6 Kabui Khullen – Requested project alignment to touch the Kabui Khullen

CSC to work on the alignment and discuss. Villagers are ready to give full cooperation for ensuring work progress.

7 Bakuwa – Work not yet started Requested to start ASAP

Central Line marking to be done by HCC No issues in changing the DPR Alignment, Road

can pass either on left or right side of the village HCC to submit a report within 15 days.

8 Nagaching- Change of

alignment and adjustment in turning as agricultural lands are affected

The alignment cannot be changed as there is no other option

Kidnapping of workers by UGs is unexpected in

Naga Inhabited areas Such Issues extremely delays the work progress Village Authority to help in warning if there is any

UG related issues.



Kidnapping of workers by UGs

Drinking water

and Streams affected by Mug dumping

Collective responsibility for any issue Mobilise more box culverts Dumping should not pollute drinking water and

should not block any stream and waterways. and should be protected

Streams and waterways are to be protected by

using locally available material like bamboo, if not possible geosynthetics should be used

Joint visit by CSC, ISCD, NGO and HCC on

24.03.2018 to inspect the water source and take up mitigation measures.

9 Lukhambi- Assessment

not done yet Jungle

clearance done without notice of Village Authority

Central Line

not yet fixed so far, already discussed with SDO as well

PIU to request DC Tamenglong to conduct the assessment survey

Jungle clearing done to fix the central line PD requested to allow 7- 10 ft clearing for fixing

central line A sample area to be preserved for valuation of

compensation amount for jungle clearing for fixing Central Line

10 Wairangba Requested to do survey for agriculture ASAP


11 Khebu Ching Humble appeal to do work ASAP

HCC to expedite the work

12 Dailong Assessment Survey not done


13 Training to members of affected household

PIU informed that trainings for livelihood generation will be conducted at a later stage, after achieving considerable progress in civil work

The type of training program will be based on the wish of the APs, but it should be practicable.


Photo of meeting with Village Chiefs and Village Authorities of Noney and Tamenglong Area


Appendix-18 Proposal required for suitable candidates from NGO for formation of GRC at PIU/PWD level


Appendix-19 Safeguards Capacity Building Monitoring Sub-project:

Date Venue Participants (No. & Type)

Topics covered Comments

Appendix-20 Corrective Action Plan Monitoring Sub-project:

Gap / Outstanding Action

Corrective Action

Due Date Responsible Actors

Status to Date Comments


Appendix-21 Land Acquisition, Resettlement and Rehabilitation Process Monitoring

Action by the EA Action by the DC and EA

Action by the DC and EA

Section 3, Requisition

submitted to DC for acqusition

Section 4 - Requsition for acquisition and notified for

SIAVillage

wise land acquisition

(In Ha)

Private land (Patta

Land) in Hactare

Govt. land in Hectare

Section 6 SIA report disclosed

Section 7 Apprisal of SIA by an Expert group

Section 11, preliminary notification for acquisition

Section 11 (5) appointment of administrator of R&R

Section 11 (5) updating of land records

Section 16, preparation of R&R scheme, census survey, public hearing

Section 44, appointment of commissioner of R&R

Section19, declaration of acquisition (deposit of money by acquiring body)

Section 25, declaration of award

Section 38, payment and posession of land

Posession of land received by EA and handed over to the contractor

Remarks

97-Uripok 0 0.004188-

Lalambung 0.5157 0.9245

92-Iroisemba 0.1954 1.4939

93- Takyel Khongbal 0 0

Sub Total 0.7111 2.4225

52-Laingam Khul 0 0.091

53-Lamshang 0.9192 3.0351

57-Kangchup 0.8573 2.1158

58- Awang Lairenkabi 1.0234 2.668

59- Kharang Koireng

0.6577 0.6454

62- Kha Lairenkabi 0.2335 0.6307

63- Heibongpo

kpi0.1647 1.383

64- Haorang

Sabal0.8706 0.5535

95-Taothong 1.5207 1.8755

105- Lamdeng Khunou

0.1378 2.4431

The assessment report of Standing Properties of the Non-Title Holders has been submitted to the DC, Imphal West by the respective line deptt. However, the report is yet to be received by PIU, PWD, Manipur. The EA has to get approval of the Govt. for allocation of necessary fund for disbursement to PAP's

Status of Land AcquisitionAction by the DC and the government Action by the DC

Road Chainage

0.00 to 3.200 (in Lamphel

Sub-Division)

3.200 to 12.900 (in

Lamshang Subdivision

)

Notified under rule 3 (1) read with section 4 (1) by the Revenue department, Government of Manipur,

vide no. 4/26/LA/2016-Com (Rev) dated 12.07.2016

Request submtted by the EA

Appraisal of SIA by the Expert Group

constituted Vide No. 4/26/LA/2015 - com

(Rev) - pt-2 dt. 11.04.2018 submitted

to the Govt. on 07.06.2018.

Notified Vide No.

4/26/LA/2015-com(Rev) -

pt-2 dt. 23.06.2018

Additional District

Magistrate, Imphal West

has been appointed as Administrato

r in the same

notification of Section

11 read with Section 12

and 13.

22.07.2018 31.07.2018


Action by the Govt.Assets measurement

completed Identity card prepared, signed and distributed

Micro plan prepared, verfied and explained to

AHs

Microplan approved by the

EA

Fund received from the Govt. Transfer of comepnsation to AHs account

Notice to AHs for vacating land

Confirm credit of amount in AHs account

Facilitate in shifting

Handover site to the contractor

Remarks

Yes No No No Fund will be made available during budget 2018-2019

No No No NA NA total 633 strucutres are affected.

Action Plan: Target date

Verify the NTHs

Prepare ID card

Finalise Microplan

Approve Microplan

Request for fund

Action by the EA Action by the EA


Road Chaina

ge

Alignment

fixing

Marking of centreline pending

Fixing of cross

section pending

Design finalised

Peg marking

on ground

completed

Joint measurement by DC in

the presence

of AH

Assessment report submitted to DC by

respective departmen

ts

Approval of assessment

report by DC and

forwarded to the EA

Assessment

report verified

and accepted

by PIU

Prepartion of

microplan and

collection of bank details

Verification and

approval of

microplan by PIU

Requisition submission

for fund from Govt.

Preparation of ID card

Disburshment of cheques in public meeting

Posession of land taken by EA and handed over to

the contracto

r

No. AHs

Horticulture Structure Forest Fisheries Agriculture

1 2

13-16 yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Payment only for Horticulture

Micro-plan prepared by NGO and

submitted to PIU

Reassessment report not received

Valuation Report

submitted

Reassessment Report

submitted

Payment yet to be made

16-20 yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Payment only for Horticulture.

Reverification of new impacted structures

for Kangchug bangla for consideration

Strucutre valuation report received from DC and the NGO is prepairing the Micro

plan

Valuation Report available. Payment not done due to non availibity of

fund

NA NA

Micro plan submited and comments provided by PIU, revised target date 9 April 2018

20-21 yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Payment only for Horticulture NA see remarks NA NA

21-23 yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Payment only for Horticulture NA


fund

NA NA Microplan yet to be submitted

23-32 yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Payment only for Horticulture No Structure


fund

NA NA Microplan Target 31-07-2018

32-35 yes Yes Yes Yes Yes Yes No No No No No Payment only for Horticulture

Valuation Report not received from DC. Follow-up with DC

required.


fund

see remarks see remarks

Reassessment required as per the villagers for some part, however, revenue dept of view that this has been completed. The issue needs to be resolved.

35-39 yes Yes Yes SDO will fix anew date No No No No No No

39-44 Yes Yes yes No No No No Yes No No

44-51 yes Yes Yes Yes

51-53 No No No No No No No No No No

53-55 yes Yes Yes No No No Yes

55-58 yes Yes Yes Yes No No No No Yes No No

58-68 yes Yes Yes Yes Yes No No No

68-72 yes Yes Yes Yes Yes No No No No No No

72-82

yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Asessment report received

Payment made for Hortiiculture


fund

NA Payment made for Agriculture

Micro plan for forest to be prepared. Target date is 07.09.2018

PIU has requested for the details of rates adopted in the assessment of structure . Revised report is awaited. Follow-up with concerned EE of PWD for submission of revised report to DC for approval and submission to PIU.

83-97.5 yes Yes Yes

97-99

yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NA Payment made for Hortiiculture


fund

NA Payment made for Agriculture

Micro plan for forest to be prepared. Target date is 07.09.2018

99-103 yes Yes

Note: * The stretch from Project Chainage 97+450 to Chainage 103+020 (presently being strenghthened under NEC funding) shall be improved within the available road land width.

The DC has constitutited the valuation committee for assessment.

PIU intends to restrict to avaiable width, final decision to be taken and design to be revised accordingly.

km 17-22 is (Kangchup Khul Bangla) village. The village is in protected forets area, hence the department can not prepare assessment report for the stretch. However, villagers are asking for compensation. PIU has written to DC, but no response. Follow-up required with DC office Kangpokpi.

** A cummulative amount of Rs 3,31,10,226/- have been approved and Rs. 3,30,70,968/- disbursed for compensation payable to Horticultural class of trees and agriculture at the project Chainage 12+900 to 34+900, Chainage 72+400 to 82+500, Chainage 97+760 to 98+550.

Assessment in the stretch from km 39.00 to 52.00 and km 52.00 to 72.40 have been completed and report submitted to the DC, Tamenglong.However, the reports are still awaited by the PIU for onward submission to the Govt. for

approval.

The PIU has requisition the fund to the Govt, but release is

still pending.

Remarks

35-39 41-53

Action by the EA Action by the DC Action by the EA

Documents

Social Monitoring Report - Asian Development Bank€¦ · 2. This monitoring report covers the period from January 01, 2018 to June 30, 2018. The report includes monitoring of social