2763-ban (sf): second chittagong hill tracts rural ......resettlement plan project no. 42248-013...

Resettlement Plan Project No. 42248-013 Resettlement Plan July 2016

2763-BAN (SF): Second Chittagong Hill Tracts Rural Development Project Subproject: Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli Road District: Rangamati

Prepared by Chittagong Hill Tracts Regional Council for the People’s Republic of Bangladesh and the Asian Development Bank

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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SECOND CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT

(LOAN NO 2763 BAN) (SF) LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

FOR

‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli Road’

(Sub-Project ID: 484073019)

Upazila: Baghaichari, District: Rangamati

Prepared By: Project Management office,

Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II) With Assistant from

Taungya Kallyanpur, Rangamati

Date: 30 July 2016

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ABBREVIATIONS

ADB : Asian Development Bank ADR : Alternative Dispute Resolution ADRF : Alternative Dispute Resolution Forum AP : Affected Person BRG : Business Restoration Grant CBO : Community Based Organization CC : Circle Chief CCL : Cash Compensation under Law CHT : Chittagong Hill Tracts CHTDF : Chittagong Hill Tracts Development Facility CHTRC : Chittagong Hill Tracts Regional Council CHTRDP : Chittagong Hill Tracts Rural Development Project CRO : Chief Resettlement Officer DC : Deputy Commissioner DPMO : District Project Management Office DRO : District Resettlement Officer EA : Executing Agency EP : Entitled Person FGD : Focus Group Discussion FHH : Female Headed Household FPIC : Free, Prior and Informed Consent GoB : Government of Bangladesh GRC : Grievance Redress Committee HDC : Hill District Council HH : Household IA : Implementing Agency IGA : Income Generation Activities IP : Indigenous People LAO : Land Acquisition Officer LAR : Land Acquisition and Resettlement LARAEC : Land Acquisition and Resettlement Assessment/Estimation

Committee LARF : Land Acquisition and Resettlement Framework LARP : Land Acquisition and Resettlement Plan LCS : Labor Contracting Society LDC : Land Development Cost LGED : Local Government Engineering Department LMS : Land Market Survey LO : Land Officer MAD : Micro-Agribusiness Development MARV : Maximum Allowable Replacement Value MIS : Management Information System MOCHTA : Ministry of Chittagong Hill Tract Affairs MV : Market Value NGO : Non-Government Organization OPD : Office of the Project Director PCJSS : Parbattya Chattagram Jana Sanghanti Samity PD : Project Director PDC : Para Development Committee

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PIC : Project Implementation Consultants PMO : Project Management Office PVAT : Property Valuation Assessment Team PVM : Participatory Village Mapping PVS : Property Valuation Survey RAC : Resettlement Advisory Committee RCG : Re-Construction Grant

RF : Reserved Forest R-NGO : Resettlement NGO RoW : Right-Of-Way SAP : Severely Affected Person SDG : Social Development Grant SES : Socio-economic Survey SPS : Safeguards Policy Statement (ADB 2009) SQMC : Safeguards and Quality Monitoring Cell TVS : Tree Valuation Survey TG : Transfer Grants VH : Vulnerable Household

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TABLE OF CONTENTS

ABBREVIATIONS .............................................................................................................................................. i

I. Chittagong Hill Tracts Rural Development Project –II (CHTRDP II) Project Description .................... 1

II. Sub-project Description ............................................................................................................................... 3

III: Scope of Land Acquisition and Resettlement (LAR) ............................................................................... 9

A. DATA COLLECTION METHODOLOGY .................................................................................................................... 9 B. ESTIMATED SCOPE OF LAR IMPACTS ................................................................................................................. 9 IV: Socio-Economic Survey (Profiles of the Affected Persons) ................................................................. 16

V. Resettlement Policy Framework .............................................................................................................. 20

A. CHT LAND ADMINISTRATION FRAMEWORK ....................................................................................................... 20 B. ADB’S INVOLUNTARY RESETTLEMENT POLICY ................................................................................................. 21

1. SPS involuntary Resettlement Safeguards .................................................................................... 21

C. CHTRDP-II'S LAR POLICY ............................................................................................................................... 23 D. OBJECTIVES OF THE LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) ............................................... 25 E. LAR ENTITLEMENTS .......................................................................................................................................... 25 VI. Community Consultation and Participation ............................................................................................ 31

A. COMMUNITY CONSULTATION AND STAKEHOLDERS’ PARTICIPATION ................................................................ 31 B. INFORMATION DISCLOSURE ................................................................................................................................ 32 VII. Grievance Redress Mechanism ............................................................................................................. 33

VIII. LARP (Safeguard Issues) Implementation Arrangements ................................................................. 35

A. LARP Implementing Organizations ......................................................................................................... 37

A.1. Oversight and Policy Guidance & Backstopping ........................................................................ 37

A. 2. Specific to Implementation of LAR Activities ............................................................................. 41

IX. Compensation and Resettlement Budget .............................................................................................. 46

A. COMPENSATION, RELOCATION AND INCOME RESTORATION ............................................................................ 46 B. RESETTLEMENT BUDGET AND FINANCING ........................................................................................................ 47 X. LARP Implementation ............................................................................................................................... 50

A. LARP IMPLEMENTATION SCHEDULE .................................................................................................................. 50 B. MONITORING AND EVALUATION ......................................................................................................................... 51 B.1. INTERNAL MONITORING ................................................................................................................................... 51 B.2. EXTERNAL MONITORING ................................................................................................................................. 53

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Tables

TABLE: 1- PARAS (VILLAGES) POTENTIALLY SERVED BY ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH

BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI ROAD’ ......................................................................... 7 TABLE 3: DESCRIPTION OF AFFECTED STRUCTURES ........................................................................................... 13 TABLE-4 TYPE OF AFFECTED LAND (DECIMAL), BY PERCENTAGE .................................................................... 14 TABLE-5 NUMBER OF AFFECTED TREES BY TYPE (TIMBER/FRUIT) AND SIZE ....................................................... 14 TABLE-6 SPECIES OF THE AFFECTED TREES BY SIZE ................................................................................ 14 TABLE 7: FAMILY COMPOSITION ............................................................................................................................. 16 TABLE 8: TOTAL AFFECTED POPULATION BY GENDER AND PERCENTAGE .......................................................... 17 TABLE 9: AGE GROUP OF POPULATION BY GENDER .............................................................................................. 17 TABLE 10: OCCUPATION BY GENDER AND PERCENTAGE ..................................................................................... 17 TABLE 11: LEVEL OF EDUCATION BY GENDER ...................................................................................................... 18 TABLE 12: LEVEL OF HOUSEHOLD INCOME (YEARLY) ........................................................................................... 19 TABLE 13: ENTITLEMENT MATRIX AND RESPONSIBLE IMPLEMENTATION AGENCIES .......................................... 28 TABLE 14: INDICATIVE BUDGET FOR LAND ACQUISITION AND RESETTLEMENT FOR ‘MARISHYA BAZAR (UPAZILA

SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI’ ROAD ................................... 48 TABLE 15: LARP IMPLEMENTATION SCHEDULE (3 MONTHS) .............................................................................. 50 TABLE 16: POTENTIAL MONITORING INDICATORS ................................................................................................. 52 TABLE 17: INDICATORS FOR EXTERNAL MONITORING AND EVALUATION............................................................. 53 TABLE 2: AP TOTAL, AFFECTED AND RESIDUAL LAND OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS

ALONG THE ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN

SAROATOLI’ ROAD. ................................................................................................................................................... 69 TABLE 18: APS LOSING BUSINESS ALONG THE ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA

BABU PARA, BOTTOLA & DAKKHIN SAROATOLI’ ROAD. ......................................................................................... 75

Figures

FIGURE-1: GOOGLE IMAGE MAP SHOWING THE ALIGNMENT OF EXISTING AND PROPOSED (MARISHYA BAZAR

(UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI ROAD). ................... 5 FIGURE 2: THE FIGURE SHOWS THE LOCATION OF THE SUB-PROJECT’S UNION IN THE BAGHAICHARI UPAZILA. THE ARROW MARKED IN BLACK COLOR INDICATES THAT THE LOCATION OF ‘MARISHYA BAZAR (UPAZILA

SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI ROAD’ SUB-PROJECT IN

RANGAMATI HILL DISTRICT. ...................................................................................................................................... 6 FIGURE 3: A GEOGRAPHICAL SKETCH MAP (G.MAP) WITH DETAIL INFORMATION OF AP/SAP AND LAND ...... 10 FIGURE 4: CONSULTATION MEETING AT CONFERENCE HALL OF SIJAK UP, BAGHACHARI, RANGAMATI. ......... 31 FIGURE 5: GRIEVANCE REDRESS MECHANISM ...................................................................................................... 34 FIGURE 6: PROJECT IMPLEMENTATION ARRANGEMENT ....................................................................................... 36 FIGURE -7: RESETTLEMENT ORGANIZATION CHART ............................................................................................. 39 FIGURE 8: PROPERTY VALUATION ADVISORY TEAM (PVAT) PROCEDURE OF DETERMINING VALUATION ....... 43

Annexure

ANNEX 1: SOCIOECONOMIC SURVEY QUESTIONNAIRE .............................................................. 55 ANNEX-2: COMMUNITY CONSULTATION MEETING DETAILS ..................................................................... 67 ANNEX 3: AP TOTAL, AFFECTED AND RESIDUAL LAND OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS

ALONG THE ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN

SAROATOLI’ ROAD................................................................................................................................. 69 ANNEX 4: APS LOSING BUSINESS ALONG THE ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA

BABU PARA, BOTTOLA & DAKKHIN SAROATOLI’ ROAD. ............................................................................. 75

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I. CHITTAGONG HILL TRACTS RURAL DEVELOPMENT PROJECT –II (CHTRDP II)

PROJECT DESCRIPTION

1. The Chittagong Hill Tracts Rural Development Project (CHTRDP) was undertaken with financial assistance of Asian Development Bank (ADB) in the backdrop of the region’s poverty, to promote socio-economic development in the region. The Phase I started in 2001-2002 and upon its completion in December, 2009, the Phase II was initiated from 2011-2012. The Government of the People’s Republic of Bangladesh (GOB) and Asian Development Bank (ADB) signed the loan agreement for Second Chittagong Hill Tracts Rural Development Project-II (CHTRDP-II) on 2nd October 2011 (Loan No. 2763-BAN, Project No. 42248-013). The agreement came into effect on 13 December 2011 following which the Project Management Office (PMO) was established in Rangamati. The Project will contribute to the reduction of social and economic poverty among rural people, including indigenous people and poor women in the three CHT districts, namely Khagrachari, Rangamati and Bandarban.

2. The objectives of the project are:

Improve rural infrastructure and sustainable natural resources management and monitoring;

Increase rural income, including those of remote rural women and disadvantaged groups, through increasing economic opportunities and activities;

Support strengthening of the key CHT institutional stakeholders to plan, implement and monitor sustainable rural development in the three hill districts.

3. There are 5 (five) components under this project which are as follows;

Institutional Development and Capacity Building

Rural Roads

Community Infrastructure

Micro‐Agribusiness Development

Project Management

4. MoCHTA is the project’s Executing Agency (EA) while the CHTRC is the Lead

Implementing Agency (LIA). LGED is responsible for the Output B – Rural Roads (RR) - and the Hill District Councils of Rangamati, Khagrachari and Bandarban Districts are the Implementing agencies (IA) in their respective districts.

5. The component B (Rural Roads) involves substantive ‘land acquisition and resettlement’ (LAR) as part of the plan to construct as many as 29 roads across the three Hill Districts. This entails compliance with ADB’s safeguards on Indigenous Peoples and Resettlement and as well as with the pertinent legal dispositions of the Government of Bangladesh. These are to be detailed in a Land Acquisition and Resettlement Plan (LARP), to be prepared for each road. The present LARP is prepared for the ‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli Road’ which LGED has put on a priority list.

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6. Taungya, a local NGO based in Rangamati was sub-contracted by the MoCHTA on 20 August 2013 to facilitate the Land Acquisition and Resettlement (LAR) process of Rural Road (RR) component. As per the stipulations of this contract, Taungya is responsible for assisting the Project Management Office (PMO) to prepare the Land Acquisition and Settlement Plan (LARP) for each of the 29 roads, detailing the overall LAR process and implementation of the LARPs.

7. As a part of this assignment, Taungya prepared this Land Acquisition and Resettlement Plan (LARP). The present Land Acquisition and Resettlement Plan (LARP) for the ‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli’-Road has been prepared taking into account the following findings:

(i) Sample survey data (ii) Field visit, meetings and FGDs with different level of stakeholders (iii) Determination of the extent of losses and identification of entitlement of Affected

Person (APs) (iv) The policies and legal frame work applicable, consultation mechanisms with the

APs, Severely Affected Person (SAPs) and other stakeholders (v) The principles/modalities for information disclosure, provisions made for

compensation payment and income restoration programs (vi) Provision made for facilitating/helping the SAP, indirectly affected persons in re-

establishing their incomes and (vii) Implementation arrangement and monitoring of the implementation measures.

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II. SUB-PROJECT DESCRIPTION

8. The planned subproject, ‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli’ will be constructed in Baghaichari Upazila of Rangamati Hill District. According to the sketch map provided by LGED, Baghaichari, the length of the road alignment is 4.520 kilometer and width is 5.5 meter.

9. There are 10 Upazilas in Rangamati Hill District. Baghaichari is one of them. It is bounded by India on the north, Barkal and Longadu Upazila of the Rangamati Hill District on the south, India on the east and on the west by Dighinala Upazila of Khagrachari Hill District. According to (Socio-Economic Survey (SES) the project areas are in 1 (one) Union (Sarbotali) and 1 (one) Mouza () which is supported by the GPS coordination as well. Only affecting community is Chakma.

10. The total population of the Upazila is about of the district is 595,979 (Bangladesh Census, 2011). Baghaichari Upazila occupies an area of 1,931.25 sq kilometer. The main crops are; rice, wheat, potato, corn, mustard, ginger, turmeric, chili, brinjal and sesame. Various seasonal fruits (e.g. mango, jackfruit, litchi, banana, papaya, and sugarcane) are produced a plenty, bulk of which are perished on the fields because of lack of market access.

11. There is a provision of construction of one bridge and two box culverts on the road. Only

one bridge will be constructed on the alignment. The length of the bridge is 12 meter. Moreover, 9 culverts will be constructed along the 4.520 kilometer long alignment.

12. The Location of the project is almost the North most of Rangamati District. The project

location is more than 76 kilometer far away from the District Head Quarter and 4 Kilometer from Upazila Head Quarter. The road directs in the north to North south from the starting point. The existing earthen road will be upgraded to Herring Brick Bone (HBB) Road. In total 9 villages will directly or indirectly affect. In other sense, it means benefiting villages. From the 9 benefiting villages, the road directly traverses to the 4 villages. These are:

1. Golachipa Para 2. Shil Mura para 3. Uttar Sijak Para 4. Joutha Khamar Para

13. Land structure of 4 direct affected villages is plain and gentle hill. The construction of the proposed road will follow the existing alignment. The figure 1 Blue in color shows the existing and proposed road alignment.

14. The road will connect more sub roads/ paths of the affected villages. The formation of different Para’s of the proposed road is mostly same in size and structure. The people constructed their household beside the road for the ease of movement.

15. The figure 1 shows the proposed alignment of the road. It also shows 9 potentially

served villages by the road. Details of these villages are shown in the table -1.

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Baghachari Upazila is a distant about 76 kilometers from the district H/Q. The project location is 4 kilometer far from upazila H/Q. The inhabitants of these villages have to travel frequently to Upazila market (Bazar) for selling their produces, buying their domestic goods etc. There are 8 (eight) Govt. primary schools, 3 (three) community driven non-government primary schools, 5 Para Kendra (non-primary school) driven by Chittagong Hill Tracts Development Board and 2 non-government high schools were found in the project areas. After completion of Secondary School, students have to go to the Sijak College which is on average about 4-6 Kilometers long distance from the project location. People, for their health care always dependent only the Union Health Center.

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FIGURE-1: GOOGLE IMAGE MAP SHOWING THE ALIGNMENT OF EXISTING AND PROPOSED

(MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA &

DAKKHIN SAROATOLI ROAD).

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FIGURE 2: THE FIGURE SHOWS THE LOCATION OF THE SUB-PROJECT’S UNION IN THE

BAGHAICHARI UPAZILA. THE ARROW MARKED IN BLACK COLOR INDICATES THAT THE

LOCATION OF ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI ROAD’ SUB-PROJECT IN RANGAMATI HILL DISTRICT.

Strating point of’

‘Marishya Bazar

(Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli’ Road

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16. The detailed information including total population and location of the 9 villages in the catchment area is given in the table -1 below:

TABLE: 1- PARAS (VILLAGES) POTENTIALLY SERVED BY ‘MARISHYA BAZAR (UPAZILA

SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI ROAD’

Name of village

Union/ Mouza

Ethnicity Household No. Population

Distance from

proposed road (KM) MH FH Total M F Total

1 Golachipa

Para

No 384 Sarbotali Mouza

Chakma 50 10 60 170 130 300 100M

2 Chinta Ram Chara Para

No384 .Sarbotali

Mouza Chakma 55 10 65 180 140 320 0.5 Km

3 Purba Sijak No384

Sarbotali Mouza

Chakma 47 8 55 150 125 275 0.5Km

4 Bat Tali Para No384

Sarbotali Mouza

Chakma 243 7 250 400 340 740 1Km

5 Lamba Chara

Para


Chakma

72 8 80 220 170 390 1.5 Km

6 Shil Mura para No384

Sarbotali Mouza

Chakma 23 7 30 80 70 150 0.5 Km

7 Dakkhin Sijak

Para


Chakma 180 20 200 500 400 900 1 Km

8 Uttar Sijak

Para

No384 Sarbotali Mouza

Chakma 241 9 250 700 550 1250 1 Km

9 Joutha Khamar

Para

No384 Sarbotali Mouza

Chakma 85 15 100 270 230 500 0.5 Km

Source: BBS Census 2011 FM- Female Headed Household MH- Male Headed Household

17. The road will directly affect to 62 APs/HHs (Affected People/House Hold). The total

affected population is 278. All the villages were established more than sixty years ago. The villagers mainly depend on agriculture, (paddy, sugar cane, vegetable cultivation etc.) horticulture, and selling of forest products like timber, bamboo and firewood. Now-a-days, fruits gardening (mango, banana, litchi etc.) is increasing remarkably. Additionally, livestock rearing (cow, goat, pig, buffalo etc.) also remains as a very important livelihood options. Almost all households raise poultry for domestic consumption and sell the surplus to the market to earn extra incomes.

18. The social structure of the indigenous communities in the CHT remains deeply patriarchal. This is no different in this case also. However, mobility wise the women

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have greater degree of freedom in compare to the overall situation in Bangladesh. During the SES, it was found that the women in the project area participate in the economic activities in equal measure along with the men which is the general conditions in the CHT among the indigenous communities.

19. The proposed subproject i.e. construction of the new road is expected to alleviate much of this hardship condition of the communities. It will give the producers easy access to the outside market thus potentially improving their incomes significantly. The new access road also will surely impact on the education and health conditions of the households and as well as access to the other basic facilities and linkages with the other places.

20. Despite all these problems, it is hoped that implementation of the subproject will be way

to relieve from the present worst situation. Because, farmers will get easy market access with their production and get better value after the road communication. It will reduce carrying cost and time consumption to reach to the different markets in the Upazila. It is expected that as new road communication will create easy access to other places and thus use of modern technology will increase productivity in agriculture than the present. It will create employment as well. In all aspects, quality of life through access to health, education and other services in the vicinity will be upgraded day by day.

21. However, people opined that they are losing some property like land, trees etc. which may consider as bad impact. But it can be minimized through adequate compensation to the APs. In very low scale, there may be environmental impacts due to the project which can be mitigated properly.

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III: SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)

A. DATA COLLECTION METHODOLOGY

22. Primary data have mainly been collected from head of the project-affected

households(HHs) through a house-to-house socioeconomic survey (SES) using a structured questionnaire, provided in Annex 1, that also provided an inventory of losses (IOL). All the field staff of Taungya is recruited from indigenous community and they could understand the local language easily. They were extensively trained on Land Acquisition and Resettlement (LAR) Process. A reconnaissance visit was done to the subproject site before starting the SES/IOL.

23. An experienced survey team was engaged to undertake a detailed SES/LOI as well as

a market survey of the affected properties to determine replacement value. The team is skilled enough to data generation, data analysis, and report preparation and so forth.

24. The field enumerators consulted documents and maps provided by the local LGED office and collected data by consulting members of each HH along the indicative ROW. Along the 6.173 km alignment, a total of 81 APs (Affected Person) were identified who would potentially be affected. The SES/LOI was done for 100% affected HHs. The survey team took GPS coordinates along the alignment and PIC consultant prepared a Goggle Map (G. Map) of the alignment showing area of land with length and owners of the respective land.

B. ESTIMATED SCOPE OF LAR IMPACTS

25. The Local Government Engineering Department (LGED) provided a sketch map of the

‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli’ Road. The sketch map does not show the slopes or a well-defined road RoW, so how much land needs to be acquired can only be an approximate estimation. The proposed alignment is through hilly and undulating terrain, with numbers of streams and rivers.

26. The total affected land amount of the affected persons is 545 decimal. Both type (record

& customary) land ownership are there in project’s villages. This amount of land will be required to acquire for construction of this proposed road. However, the ownership will not be clarified until the notice under Section 3, CHT Land Acquisition Ordinance,1958 is served by the DC office and the area verified by the Joint Verification Team (JVT).

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FIGURE 3: A GEOGRAPHICAL SKETCH MAP (G.MAP) WITH DETAIL INFORMATION OF

AP/SAP AND LAND

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27. Communities will lose partly their land/trees/structures. In total, 62 APs are directly

being affected by the sub-project. Among the 62 APs, 5 are severely affected persons (SAP). All the APs will be identified by their type of losses through inventory of loss (IOL), census, and socioeconomic survey (SES). ADB's Safeguard policy and best practices in Bangladesh, regarding assistance to the development induced affected persons have been disclosed to the APs and stakeholders, during the survey of the present subproject. The APs opted preferences for resettlement/rehabilitation assistance have also been listed during the survey period through focus group discussion (FGD) as well as questionnaire survey. The details of the APs are explained in the table-2 which is annexed as annexure-3.

TABLE 3: DESCRIPTION OF AFFECTED STRUCTURES

SL No

Name of owner

Father's/ Husband's

name Village

Type of structure

Ownership Length and

wide Description of

structure

1 Moni Shankar Chakma

Prema Lal Chakma

Golachipa Para

Shop plot Self Length: 36

feet & width: 22 feet

Mud floor, wood wall and roof with

CI sheet

2 Kirti Ranjan Chakma

Panchaban Chakma

Golachipa Para


feet & Width: 22 feet

Mud floor, wood wall and roof with CI sheet

3 Asentu Chakma

Bimal Chandra Chakma

Golachipa Para

Shop plot Self

Length: 19feet & Width: 16

feet

Pucca floor, wood wall and

roof with CI sheet

4 Tridip Chakma

Late. Kamadev Chakma

Purba Sijak Para



Pacca floor, wood wall and

roof with CI sheet

5 krishna Charjyo Chakma

Sumati Ranjan

Chakma

Sijak Muk Para

Cow Rearing House

Self Length: 15

feet & Wide: 10 feet

Mud floor, Bamboo wall and roof with CI sheet

6 Tridip Kanti Chakma

Late. Kinaram Chakma

Sijak Muk Para



Pucca floor, wood wall &

bamboo wall and roof with CI sheet

7 Tali Kumar Chakma

Late: Jhara Dhan

Chakma Sijak Para House Self

Length: 30 feet & Width:

20 feet

Mud floor, Bamboo wall and roof with CI sheet

Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

28. The table-3 explains the details of the acquiring structures. The project will acquire 7 structures from 7 owners. The structures are 5 shop plots, 1 dwelling house, and 1 cow rearing house. The shops are owned by 5 persons who will consider loss of business. The detail of the business is given in annexure-4 in a separate table no-18.

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TABLE-4 TYPE OF AFFECTED LAND (DECIMAL), BY PERCENTAGE

Type of Land Quantity of Land

(Decimal) Percentage

Paddy (Decimal) 79.14 7.85%

Homestead (Decimal) 60.65 6.01%

Tilla (Decimal) 868.75 86.14%

Total 1,008.54 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

29. Table 4 explains the amount of the acquiring land. About 1,008.54 decimal of land will be acquired by the project. The land is categorized in three groups. They are Paddy land, Homestead land and Tilla land. The detail of the acquiring land is explained in the table-4. Paddy land is 7.85 percent, Homestead land is 6.01 percent and Tilla land is 86.14 percent.

TABLE-5 NUMBER OF AFFECTED TREES BY TYPE (TIMBER/FRUIT) AND SIZE

Name of Tree Big Medium Small Sapling Total

Timber 1,287 2,146 3,318 4,176 10,927

Fruits 423 276 9 16 724

Total 1,710 2,422 3,327 4,192 11,651 Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

30. The table-5 analyzed the types and sizes of affected tress. In total 11651 tress are being considered for acquisition. Among them 1,710 are big, 2,422 are medium and 3,227 are small in size. Timber valued trees are 10,927 and the rest 724 are fruit bearing tress.

TABLE‐6 SPECIES OF THE AFFECTED TREES BY SIZE


Teak 948 1,236 2,125 744 5,053

Gamar 15 21 26 12 74

Augar 2 732 80 3,260 4,074

Bamboo 1 0 1,000 0 1001

Koroi 8 3 10 0 21

Suroz 7 2 2 0 11

Lali 18 47 41 0 106

Rubber 168 64 13 130 375

Botta 1 0 0 0 1

Goda 94 15 7 0 116

Chokko 0 0 2 0 2

Barana 0 0 2 0 2

Sorbed 7 1 10 8 26

Chapa 0 1 0 10 11

Achal 0 3 0 0 3

Shimul Tula 14 4 0 0 18

15


Badi 0 1 0 0 1

Mota 0 15 0 0 15

Jarul 1 0 0 0 1

Tez Pata 3 0 0 0 3

Gola 0 0 0 12 12

Arjun 0 1 0 0 1

Sub Total of Timber Tree

1,287 2,146 3,318 4,176 10,927

Mango 20 30 0 0 50

Battle nut 0 8 0 0 8

Banana 30 186 0 0 216

Casa nut 19 2 10 0 31

Jackfruit 3 5 0 0 8

Palm 0 1 0 0 1

Blackberry 12 2 2 0 16

Wood Apple 3 1 0 0 4

Amlaki 3 20 0 0 23

Hanagulo 2 0 0 0 2

Coconut 1 0 0 0 1

Jambura 2 0 0 0 2

Guava 13 4 0 0 17

Pannyamala 2 1 0 0 3

Tamarind 0 0 3 0 3

Papaw 2 0 0 0 2

Latkon 1 0 0 0 1

Orange 0 0 1 0 1

Sopeda 0 4 0 0 4

Malta 300 4 3 0 307

Sozna 1 0 0 0 1

Chapalish 4 0 0 6 10

Litchi 5 8 0 0 13

Sub Total of Fruit Tree

423 276 19 6 724

Grand Total Tree 1,710 2,422 3,337 4,182 11,651 Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

31. The table 6 provides the different species of trees. In total 11,651 tress are being considered under acquisition out of 44 species by the project. Side by side more than 1,001 bamboos are being acquired. Among the 44 species of acquiring trees, total 724 are fruit bearing trees. Big sizes of timber valued trees are 1,710. Local names of the various trees are used in this table.

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IV: SOCIO-ECONOMIC SURVEY (PROFILES OF THE AFFECTED PERSONS)

32. Local LGED (Baghaichari) with a sketch map handed over the existing road alignment to the respective staff of RNGO on 15 of June 2016. An extensive socio-economic survey (SES) was carried out by Taungya for this purpose based on a structured questionnaire (attached as Annex - 1). The survey respondents included the affected persons/families along the indicative ‘right of way’ (RoW) as per the maps and other documents provided by LGED and whose land and/or other properties are under acquisition for the road. The survey was carried out from 19 of June 2016. The collected survey data were extensively cross-checked to eliminate any eventual errors throughout the month June-July–2016.

33. The survey was carried out with extensive consultations and participation of the

communities, Affected Persons (APs) and the local level leaders, such as Headmen, Karbari, religious persons, Upazilla & Union Parishad Chairmen and members.

34. The SES questionnaire format provides detailed information about the APs such as total number of family members, sex, age, and occupation, level of education and level of family income. This also includes detailed information on their total land holdings, type of land and tenure, and as well as the overall amount of land under acquisition along with standing structures, trees on these lands. The survey findings are presented in the table 7-12 below with analysis.

TABLE 7: FAMILY COMPOSITION

Head of House Hold 62 22.30%

Wife 55 19.78%

Son 76 27.34%

Daughter 41 14.75%

Daughter-in-Law 12 4.32%

Daughter’s Son 2 0.72%

Grand-son 4 1.44%

Grand Daughter 10 3.60%

Father 6 2.16%

Mother 9 3.24%

Sister 1 0.35%

Son-in-Law 0 0%

Total 278 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya.

35. The SES identified 278 individuals belonging to the 62 AP families who will be potentially be affected by the sub-project’s land acquisition. The APs include 1 female -headed household. The table 7 shows average family size is slightly higher with percentage 4.48 to the national average 4.44 (BD census 2011).

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SAP-4, IP Group-Chakma

TABLE 8: TOTAL AFFECTED POPULATION BY GENDER AND PERCENTAGE

Population Number of Population Percent

Male 152 54.68%

Female 126 45.32%

Total 278 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya.

36. The table-8 shows that female are a bit less affected in percentage (45.32%) than the

male (54.68).

TABLE 9: AGE GROUP OF POPULATION BY GENDER

Age Group

Male (%) Female (%) Total (%)

1-10 27 17.77% 18 14.29% 45 16.19%

11-20 22 14.48% 24 19.05% 46 16.54%

21-30 25 16.45% 27 21.43% 52 18.71%

31- 40 30 19.74% 18 14.28% 48 17.27%

41 – 50 18 11.84% 17 13.49% 35 12.58%

51- 60 17 11.18% 14 11.11% 31 11.15%

61-70 9 5.92% 6 4.76% 15 5.40%

71-80 2 1.31% 2 1.59% 4 1.44%

81-90 2 1.31% 0 0% 2 0.72%

Total 152 100% 126 100% 278 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

37. Table 9 shows the age group of the affected persons. Among the 9 age groups, below 20 age groups is the highest percentage among the affecting age groups which comprises 32.73.

TABLE 10: OCCUPATION BY GENDER AND PERCENTAGE

Occupation Male (%) Female (%) Total (%)

Agriculture 60 39.47% 27 21.43% 87 31.29%

HDC Member 0 0% 0 0% 0 0.00%

Mechanic 0 0% 0 0% 0 0.00%

Business 20 13.16% 2 2% 22 7.91%

Student 52 34.21% 40 31.75% 92 33.10%

Housewife 0 0% 36 28.57% 36 12.95%

Household 0 0% 0 0% 0 0%

Children 5 3.29% 8 6.35% 13 4.68%

Service 13 8.55% 9 7.14% 22 7.91%

Daily Labor 0 0% 0 0% 0 0%

Driver 0 0% 0 0% 0 0%

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Occupation Male (%) Female (%) Total (%)

Aged 2 1.32% 4 3% 6 2.16%

Doctor 0 0% 0 0% 0 0%

UP Chairman & Member

0 0% 0 0% 0 0%

Tailor 0 0% 0 0% 0 0%

Abnormal 0 0% 0 0% 0 0%

Total 152 100.00% 126 100.00% 278 100.00% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

38. The table 10, states the occupation of the affected people by gender. It shows that more than 31.29 percent of people are involved in agriculture as main profession. It also analyses, female are less involved in agriculture than the male as main profession since they are compel to shoulder almost all domestic works as housewives. Students comprising of 33.10 percent are the highest affecting group. Female students with 31.75 percent are a bit lower percentage than the male students with 34.21 percent. Around 7.91 percent is occupied in service as the main profession.

TABLE 11: LEVEL OF EDUCATION BY GENDER

Qualification Male (%) Female (%) Total (%)

Illiterate 15 9.87% 34 26.98% 49 17.63%

Play 0 0% 0 0% 0 0%

Primary 46 30.26% 30 23.81% 76 27.34%

Secondary 42 27.63% 27 21.43% 69 24.82%

S.S.C 14 9.21% 11 8.73% 25 8.99%

H.S.C 19 12.50% 15 11.91% 34 12.23% B.A./B.S.S./B.S.

C 11 7.24% 8 6.35% 19 6.83%

MA/MSS/MSC 5 3.29% 1 0.79% 6 2.16%

Total 152 100% 126 100% 278 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

39. In the table 11, education of the affected areas is elaborated and it shows that the overall educational situation with 17.81 percent of illiteracy rate is better than the previous project areas. The illiteracy percentage of female is higher with 26.98 percent in comparison to male, which is 9.87 percent. During Socio-Economic Survey (SES), people opined that the present scenario in education will change and upgrade after construction of this proposed road .

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TABLE 12: LEVEL OF HOUSEHOLD INCOME (YEARLY)

Level of income Number of household (%)

Above 1,80,000 37 59.68%

1,20,001- 1,80,000 12 19.35%

60,001- 1,20,000 9 14.52%

Below 60,000 4 6.45%

Total 62 100% Source: Marishya Bazar, Baghaichari SES, June 2016 by Taungya

40. The table 12 shows the scenario of income of the affected households. Out of the 62 AP households 37 households have the income more than TK. 1,80,000/- per annum and the 12 households have income less than 1,80,000/- TK. per annum. Only 4 household is discovered with below TK. 60,000/- income. So, the table-12 exhibits average household income. It means, it is tolerably a better economic condition of the affected persons than the other areas.

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V. RESETTLEMENT POLICY FRAMEWORK

A. CHT LAND ADMINISTRATION FRAMEWORK

41. Many of the laws that apply to the rest of the country, including the code of civil procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the single most important law for the CHT. The Regulation functions as of constitutional legal instrument and vet the application of other laws that apply to the region, among others, by Specifying the nature and extent of application of those laws. Other special laws that apply to the CHT include the CHT Land Acquisition Regulation,1958, the Hill District Councils Acts of 1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution Commission Act of 2001.

42. The Acquisition and Requisition of immovable property Ordinance (ordinance II of1982) and its Subsequent amendments in 1993 and 1994 provide the current legal framework in Bangladesh outside the CHT Governing land acquisition for public purposes. The 1982 Ordinance coverts all cases of acquisition and requisition of immovable property (i.e. Land, crops, and built structures) for any public purpose or in the public interest. The Ordinance does not covert project APS without title or ownership records, such as uthulies (informal settlers/squatters/encroachers), or Khas land cultivators. Further, in most of the cases the compensation paid does not constitute market or replacement value of the property acquired.

43. Land acquisition in the CHT is under a different legal Framework from the rest of Bangladesh. The CHT has had the status as a special region since the British period. Most of the land in the CHT belongs to the Government either as Reserve Forest (RF) or as Unclassified state Forest (USF).The Chittagong Hill Tract Regulation 1 of 1900 was the sole legal instrument for the governance and administration of the CHT. Under the regulation the DC could reoccupy land even though settlement of the same might have been given earlier. The regulation prescribed payment of compensation for various interests in the case of land acquisition.

44. With the impending Kaptai hydro project dam construction, the Government found it expedient to clarify the government’s authority for acquisition of a huge tract of land that would be inundated, the Government replaced parts of the CHT Regulation 1 of 1900 with the CHT(Land Acquisition) Regulation ,1958,which remains as the most important legal instrument for the government with regard to land acquisition in the CHT(see appendix B for an unofficial translation the regulation). After the PA of December 2,1997 between the Government and the PCJSS, several provisions of the local Government Acts of 1989 were amended, so that the Government cannot acquire land owned by an individual as per CH`T Regulation 1 of 1900 or under any rules of the Regulation

21

without consultation with the HDC (Section 64).It is also equally important to note that no prescribed rules were developed to describe how the Land Acquisition Ordinance, 1958 would be applied in day to day land acquisition cases in the CHT. So in absence of such developed rules under CHT Land Acquisition Ordinance 1958, The Land Acquisition Ordinance 1982 is applied to the CHT as well as to the rest of Bangladesh.

B. ADB’S INVOLUNTARY RESETTLEMENT POLICY

45. The ADB’s 2009 Safeguard Policy Statement (SPS) summarizes involuntary Resettlement safeguards, as follows:

1. SPS INVOLUNTARY RESETTLEMENT SAFEGUARDS

Objectives: 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.

Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (Loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of:

Involuntary Acquisition of land, or Involuntary restrictions on land use or on access to legally designated parks and

protected areas It covers them whether such losses and involuntary restrictions are full or partial,

permanent or temporary.

2. SPS principles:

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

Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations.

Inform all displaced persons of their entitlements and resettlement options Ensure their participation in planning, implementation, and monitoring and evaluation

of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the

poverty line, the landless, the elderly, women and children, and Indigenous People, and those without legal title to land, and ensure their participation in consultations.

Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns.

22

Support the social and cultural institutions of displaced persons and their host population.

Where involuntary impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

Improve , or at least restore , the livelihoods of all displaced persons through Land- based resettlement strategies when affected livelihoods are land based where

possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods.

Prompt replacement of assets with access to assets of equal or higher value. Prompt compensation at full replacement cost for assets that can’t be restored, and

(iv) additional revenues and services through benefit sharing schemes where possible.

Provide physically and economically displaced persons with needed assistance , including the following:

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

Transitional support and development assistance , such as land development , credit facilities , training , or employment opportunities; and extension of project benefits to host communities

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

Civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and other vulnerable groups;

including women, to at least national minimum standards, In rural areas provide them with appropriate income sources and legal and affordable access to adequate housing

develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlements will maintain the same or better income and livelihood status

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

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

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

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

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

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

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C. CHTRDP-II'S LAR POLICY

46. In 2007 draft National Policy on Resettlement and Rehabilitation (NPRR) was prepared

under the Ministry of Land with the help of an ADB Technical Assistance (TA) Loan. The NPRR is designed to address and mitigate both Project and Non-Project, i.e. river erosion and slum eviction, induced impacts and displacement with provision for appropriate assistance and rehabilitation. The NPRR is based on the premise that for achieving overall socioeconomic development it is imperative to safeguard the interest of those affected who cannot absorb the risks and costs of national development. This policy is still in the process of evaluation and approval by the Government. As a result the 1982 Ordinance is still being followed for all the cases of land acquisition and requisition throughout Bangladesh, with the exception of the CHT, where the CHT (Land Acquisition) Regulation, 1958 applies.

47. In the absence of an approved Government policy consistent with the ADB’s recent 2009 SPS, this Project-specific land acquisition and resettlement framework (LARF) has been prepared. The LARF will apply to this subproject and approved under the project. This will ensure that APs impacted by land acquisition – whether it is owned land or occupied through formal or informal agreement or without any title or agreement – will be eligible for appropriate compensation covering replacement value of their assets.

48. The LARF reflects the Government land acquisition laws/regulation as well as the ADB’s recent SPS, which covers environmental, involuntary resettlement and IP polices. The LARF stipulates eligibility and provisions for all types of losses, including land (and in this Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business, employment covering (workdays and wages) and social infrastructure.

49. ADB policy requires that APs and affected communities will be compensated and assisted through replacement of acquired land, property, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost as guided by the ADB’s SPS. In the continued absence of a national Resettlement Policy in Bangladesh, the SPS will form the basis for the project’s LARF.

50. This LARF has been adopted to provide guidance on the project’s resettlement and rehabilitation issues in one sample subproject, and this will be a model for all future subprojects to be prepared for this ADB –financed Project. This will ensure that persons affected by land acquisition – whether titled or non-titled will be eligible for appropriate compensation/resettlement benefits. Persons having no legal title but using the land – if acquired for the Project use – will be provided with compensation and resettlement

24

benefits for structures and assets. The customary rights to land and physical property will also be recognized for: IPs using any forest or Khas land; for lessees of homestead, agriculture and commercial land; sharecroppers, and renters of land and structure. Compensation will also be extended to APs for loss of any asset including structures, fences, trees, plants or crops.

51. The LARF also endorses an income restoration plans for SAPs. In addition to income restoration and cash assistance, the LARFs will include opportunities for Income Generation Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income restoration measures provided for eligible SAPs involuntarily displaced from their homes, losing more than 10 percent of their assets or income sources, and including non-titled persons affected by the Project, will receive priority access to the IGAs. The Project’s Micro Agribusiness Development (MAD) will provide opportunities for SAPs to choose IGAs appropriate to their situation. MAS’s objective will be to increase the income of poor households, with SAPs receiving priority through LARP budgetary provisions in addition to the existing MAD budget, by promoting the development of market-driven micro agribusiness in four selected products, namely; (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market facility development (to be financed under the rural roads component of CHTRDP-II) and action research on potential high-value crops such as leaf. Other options may be offered through NGOs, such as in nurseries and livestock.

52. The Project’s resettlement planning and implementation will be carried out in full consultation with the APs, and all efforts will be made to minimize disruption during Project implementation. AP’s preferences will be taken into account in the selection of alternative relocated sites (if any). A census will be conducted once the details of subproject works have been identified. The date of the census will become the Cut-Off Date for resettlement benefits and any encroachers or informal settlers after the date will not be CHT 1958 LA Regulation, notification by the DC under Section 3 of the 1958 Ordinance, will constitute the Cut-Off Date.

53. In summary, the LARF will establish a dual process of acquiring land for the roads. One process will be through CCL by DC Office following the CHT LA 1958 Regulation with the Hill District Council Act of 1998 amended so that the Government cannot acquire land owned by an individual, as per CHT Regulation 1of 1900, without consultation with the HDCs.

54. The other process, established through precedence over several decades addresses

the gap between the legal framework for land acquisition in Bangladesh (and in this case in the CHT) and ADB’s IR Policy, originally established in 1995 and in 2009 supplanted by the Safeguards Policy Statement (SPS), which combines environment, resettlement and IP safeguard policies. This provides for grants, such as “top up” land

25

and structure payments under CCL to market price/replacement levels, payment for shifting costs, grants for vulnerable APs (women headmen households, IPs, among others), and Income Restoration Plans for Severely Affected Persons (SAPs) losing more than 10 percent of their land and/or shifting residents/ businesses.

55. In line with this latter process, the LARF will provide a grant for IP common land. This is

in line with ADB’s SPS respecting IP customary and ancestral lands, as well as international IP conventions that Bangladesh is a signatory to. The LAR Framework outlines a process for verifying registered and unregistered IP common land through the customary land management based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs, Headmen, and Karbaris. Grants for IP Common land will be awarded to IPs and non-IPs alike who have been certified by Headmen, Circle Chiefs and finally by the HDCs.

56. This process is necessary, as the CCL process does not formally recognized IP

Common lands. Instead, it defines such ancestral lands as ‘Khas` or ‘Government` lands. In addition, the LAR, in this context, will define a consultation framework to obtain the free, prior and informed consent of affected IP groups where the project necessitates the acquisition of ancestral lands of IP groups which will lead to physical displacement of such groups or individuals. As shown in the due diligence visits described above, such displacement has already occurred under CHTRDP-I and will doubtless occur under CHTRDP-II. The LARF also defines grievance redress processes for both CCL titled land payments and for IP Common land grants.

D. OBJECTIVES OF THE LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

57. The land Acquisition and Resettlement plan (LARP) has been prepared taking into

account the findings of the sample survey data, field visit and meetings with different level of stakeholders and FGD. The LARP identifies: The extent of losses The policies and legal framework applicable Provisions made for compensation payment and income restoration programs provision made for facilitating/ helping the SAP, indirectly affected persons in

reestablishing their incomes Responsibilities of Chief Resettlement Officer (CRO), District Resettlement Officer

(DRO) and others in delivering and monitoring the implementation measures.

E. LAR ENTITLEMENTS

58. An Entitlement Matrix has been prepared on the basis of currently known impacts

(Table 12). It identifies the categories of impact based on surveys carried out in the four subproject areas and shows the entitlements for each type of loss. This entitlement matrix will be applicable for this subproject where ever it is applicable or relevant. If new impacts are identified during implementation of LARPs for this subproject in future then

26

such losses will be included in the entitlement matrix and the LARP will be the appropriately revised.

59. By following the Project’s LAR policy all the affected people irrespective of their legal

status will be compensated for any kind of loss caused due to project implementation. The customary right to the property of the IPs will be ensured. The losses will cover loss of property (land, structure, trees, crops, common property resources and others), livelihood and other unanticipated losses. They will receive compensation at replacement rate as assessed by the census and Socio Economic Survey (SES), Land Market Survey (LMS), Structure Replacement Value Survey (SRVS) and Tree Valuation Survey (TVS). Based on these survey data and through own assessment, the Property Valuation Assessment Team (PVAT) will determine the Maximum Allowable Replacement Value (MARV) of the lost property.

60. In the project area two groups of people have been identified, IPs and Bengali people

(those plain-Landers who came before and after the 1980s to the CHT). The IPs have three kinds of land ownership: (1) Registered Land (from the DC) with proper documents; (2) Those who applied for registration long ago (here, in line with the ADB’s SPS, termed as ‘legalizable`); and (3) Common/Community Land used/ Owned through Customary/ Traditional bondobosti (lease) from the Circle Chief (CC) through appointed Headmen. The Bengalis who came before the 1980s have assimilated themselves with IPs to a great extend have more or less a similar kind of land ownership system as the IPs. On the other hand the Bengalis who came during and after the 1980s (locally called as ‘Settlers’) have legal papers of land ownership from the government. Some of them are enjoying their legally registered land, but many are unable enjoy their land, which was in fact IP common land, categorized by the government as ‘Khas’ Land. Through security concerns, many of them are squatting on other more accessible and unprotected Khas land or have engaged in ‘land grabbing’, taking IP land without either Government or any other permission. In many of the above cases the Bengali ‘Owned’ land through Government document, given through the 1980s ‘transmigration’ program supporting lowland Settlers who moved to the CHT, is simultaneously claimed by IPs through tradition/customary rights outlined in the above LARF sections.

61. In the Entitlement Matrix, all the issues have been addressed by identifying nature and

categories of losses, identified the Entitled persons (EPs) through proper definition, their entitlements for the losses. The matrix describes the units of the entitlements for compensating the lost assets, and various resettlement and rehabilitation benefits. The matrix also addressed the implementation issues step with corresponding responsible organizations to implement this resettlement plan.

62. The DC will compensate CCL according to the GOB’s regulations for loss of property on

registered land with approval of HDC; and an additional grant will be paid by PMO/HDC through the NGO to cover the MARV. The PMO/HDC will also provide grants through the NGO to APs who do not own registered land but have customary/ traditional leased land registered by the Headman/Circle Chief. The PMO/HDC will also provide grants to

27

squatters/informal/settlers/encroachers or APs without any legal status according to GOB ordinances if they are confirmed by project census as users of the acquired land.

63. The Entitlement Matrix also addressed loss of access to income, livelihood and

common property resources or any utility services by the APs. The HDC will take appropriate measures to restore lost livelihood through providing training or other appropriate support for the APs. Special attention has been given in the Entitlement Matrix for the vulnerable APs, including female headed households, marginalized IPs, families with disable members, and others. Vulnerable HHs will qualify for additional assistance/grant, as specified in the entitlement Matrix.

64. All APs will be entitled to compensation and resettlement assistance based on severity

(significance) of impacts. nevertheless, eligibility to receive compensation and other assistance will be limited by the cut-off date for compensation under law (Ordinance II of 1982 and its 1994 amendments) is considered for those identified on the project ROW acquisition at the time of serving of notice under Section 3 or joint verification by DC and the Requiring Body (RB), in this case the HDCs, whichever is earlier. The cut-off Date eligibility for resettlement assistance/grant under this LARF is the commencement date of the census for a given subproject. The absence of legal title will not bar APs from compensation or grants, as specified in the entitlement Matrix (Table-13).

65. Entitlement Matrix of the LARF of CHTRDP-II endorses 17 kinds of Entitlements in

terms of related losses. Out of these entitlements, serial number 1, 2, 7, 8, 9 and 14 will be mostly applicable for this project and accordingly an entitlement matrix has been prepared with applicable entitlements. The prepared matrix is in the table -13.

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TABLE 13: ENTITLEMENT MATRIX AND RESPONSIBLE IMPLEMENTATION AGENCIES Sl No

Nature of Loss Definition of Entitled

Person (EP) Entitlements Implementation Issues

Implementation Responsibility

1

Loss of Registered Land with proper document (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Legal owner of the land at the time of serving notice under Section 3 of LA Laws Indigenous People (IP) /Bengali migrants came after 1980s

i. Replacement land or ii. Cash Compensation under

Law (CCL), Market Value assessed by Deputy Commissioner (DC) plus premium as per Law, and

iii. Additional grant to cover Maximum Allowable Replacement Value (MARV) of land

iv. Stamp duty to facilitate land purchase

v. Compensation for standing crops assessed by DC/ Property Valuation Assessment Team (PVAT)

vi. Land development cost for homestead loser (if applicable) assessed by PVAT

a. Assessment of quantity and quality of land b. Assessment of Market Value c. Assessment of MARV by Land Market Survey

(LMS) d. Title updating e. Payment of CCL f. APs will be fully informed of the entitlements

and procedures regarding payment g. Additional cash grant to cover the

Replacement Value (RV) of land will be paid before or /during vacating the project site (even before receiving CCL, if necessary)

h. Stamp duty will be due to an EP @7% of the MARV to facilitate in purchasing alternate /replacement land

i. Compensation for standing crops from DC

a. DC, Hill District Council (HDC)

b. DC, HDC c. HDC,

Resettlement- NGO (R-NGO)

d. DC, HDC e. DC, HDC f. HDC, R-NGO g. HDC, R-NGO h. Chief Resettlement Officer (CRO), R-NGO i. DC, HDC

2

Loss of Land applied for registration long ago (legalizable) with proper document (Agriculture, Commercial, Homestead, Hill, Jhum land, Pond, Orchard)

Legal owner(s) of land (DCs in case of identifying legalizable after verification)

Indigenous People (IP) /Bengali migrants came after 1980s

i. As 1 if DC can declare the land legalizable,

a. Assessment of quantity and quality of land b. Assessment of Market Value c. Assessment of MARV by LMS d. Title updating e. Payment of CCL f. APs will be fully informed of the entitlements

and procedures regarding payment g. Additional cash grant to cover the RV of land. h. Stamp duty will be due to an EP @7% of the

MARV to facilitate in purchasing alternate /replacement land

i. Compensation for standing crops from DC

a. DC, HDC b. DC, HDC c. HDC/R-NGO d. DC, HDC e. DC, HDC f. HDC/R-NGO g. HDC/R-NGO h. CRO /R-NGO i. DC, HDC

3

Loss of Homestead/ Commercial and Other Infrastructure by Owner (Registered land)

Legal owner of the land at the time of serving LA notice Section 3 as recorded in the LA award Book

i. CCL ii. Additional grant to cover RV of

the structure iii. Transfer Grant (TG) @ 12.5%

of the value of non-masonry

a. Assessment of no. and quality of structure b. Assessment of market value c. Assessment of MARV by LMS d. Title updating e. Payment of CCL

a. DC, HDC b. DC, HDC c. R-NGO/HDC-CRO

29

Sl No




(kutcha) and semi-puccaa nd 5% for masonry (pucca ) structure assessed by PVAT

iv. Owner will be allowed to take all salvageable materials (free of cost) without delaying the project work

v. Re-Construction Grant (RCG) @ 12.5% of the value of all structures assessed by the PVAT for titled owners

vi. Special assistance for Female Headed/Vulnerable Households/smaller IP groups @ Tk 2,000, Tk 3,000 and Tk 5,000 for kutcha, semi-pucca and pucca structure

vii. Land/Homestead Development Grant (LDG/HDC) assessed by PVAT (if applicable)

viii. Special Assistance of Tk 5,000/ for Vulnerable Households having disabled member in the family

f. APs will be fully informed of the entitlements and procedures for getting those

g. Additional grant to cover the MARV of the structure

h. Allowed to take away the salvageable i. TG @ 12.5% or 5% of the assessed value

of the structure j. RCGs @ 12.5% of the assessed value of

the structure k. Special Assistance to Female Headed

Households/Smaller IP Groups by category of the structure

l. Homestead loser will be eligible to get Homestead Development Grant

m. Special assistance to Vulnerable Households with disabled family member

d. DC e. DC f. R-NGO, HDC-CRO g. HDC-CRO/R-NGO h. HDC-CRO/R-NGO i. HDC-CRO/R-NGO j. HDC-CRO/R-NGO k. HDC-CRO/R-NGO l. HDC-CRO/R-NGO m. HDC-CRO/R-NGO

4

Loss of Access to any Cultivable Land /pond by Farmers, Tenant/ Sharecroppers including cultivators of communal land

Farmers, tenants and sharecroppers of the land under contract as identified by the SES to be compensated during implementation of LARP

i. Grants for Transition Allowance equivalent to one year's net income from the cultivable land to farmer, tenant/ sharecropper, based on Current Market Value (MV) assessed by PVAT of the crops/fish

a. Individuals identified by the census/SES as farmer, tenant or sharecropper of land

b. Cash grant as determined by assessment will be paid after taking possession of the land

c. The land owner (registered/leased in from headman) certifies the tenancy

d. SES will identify the farmer (cultivator of common land), tenant /share cropper and endorsed

a. INGO, HDC b. HDC- CRO/R-NGO c. R-NGO HDC d. R-NGO/ HDC

5 Loss of Trees/Perennials on registered land

Persons with ownership of the land (registered) where the

i. Market price of the tree as CCL determined by DC with assistance from other relevant

i. Assessment of loss and market value of the loss

a. HDC/R-NGO-CRO

30

Sl No




trees are located and crops are grown at the time of taking possession for the project

agencies ii. Additional Grants to cover

MARV of the tree, based on productivity and age of trees and value of the fruit assessed by PVAT

iii. Additional 30% of assessed value as compensation for fruit bearing trees with timber

iv. One time crop of each grown up tree (like banana tree)

v. Tree losers will be encouraged to plant more trees by providing 5 saplings free of cost to each affected households.

ii. Payment of Cash Compensation for the losses.

iii. Additional cash grant to cover the RV of the lost tree/perennials (if necessary for registered land owner)

iv. owner will be allowed to fell and take the tree and fruits, after payment of compensation

b. HDC /RNGO-CRO c. R-NGO/HDC

6

Loss of Business by shops/business owners due to dislocation

Owner/Operator of the business as recorded by the SES

i. Business Restoration Grant (BRG) to owners, renters and leaseholders assessed by PVAT

ii. Non tilted shop owners above the poverty line will not be eligible for business restoration grant

a. All persons recorded by the SES b. Cash grant to be paid before leaving the

project land

a. R-NGO/HDC

b. HDC-CRO/INGO

31

VI. COMMUNITY CONSULTATION AND PARTICIPATION

A. COMMUNITY CONSULTATION AND STAKEHOLDERS’ PARTICIPATION

66. The entire LAR process, from gathering relevant data for impact assessment, and facilities

and development of appropriate options for resettlement of the affected people, has been carried out with extensive consultation and participation of the APs and others relevant institutional stakeholders. For the purpose of elaborating of the present LARP, two consultation meetings were held, as detailed in the Annex - 2 which shows the schedules and contents of discussion with the stakeholders.

67. The consultations followed the principles of ‘free, prior and informed consent’ (FPIC) by which the APs were provided the relevant information beforehand and subsequently invited to give their opinions and finally, consent.

FIGURE 4: CONSULTATION MEETING AT CONFERENCE HALL OF SIJAK UP, BAGHACHARI, RANGAMATI.

What is Free, Prior and Informed Consent (FPIC)?

FPIC Is a decision-making process: – Free : does not involve intimidation, coercion and/or manipulation; – Prior: decision is made before initiatives/activities are undertaken; – Informed: All relevant issues and potential impacts – positive of negative – are

clearly understood by the affected peoples/persons; – Consent: Based on the above, to say ‘Yes’ or ‘No’ to any activity, programme or

policy FPIC is an emerging international standard but surely, it is not a new concept.

32

68. These principles will be followed during the implementation of the LARP and throughout

implementation of CHTRDP II’s LAR related activities. This will include planning and implementation of LAR related activities, monitoring, grievance redress and as well as information disclosure.

B. INFORMATION DISCLOSURE

69. A summarized version of the LARP will be printed as a booklet in Bengali and disclosed to

the APs once the cut-off date is established. Given that a significant number of the APs and the neighboring communities are not able to read in Bengali, special group discussions will be held with the APs and the communities in presence of the community elders/leaders. Finally, the LARP will be hosted on the ADB/CHTRDP website for public access and scrutiny.

33

VII. GRIEVANCE REDRESS MECHANISM

70. A GRC will be formed at the district level as outlines in the above-mentioned MoCHTA's Executive Order and the project’s LAR Guidelines. The GRC will receive grievance cases from the APs through the NGO and give deliberations to resolve resettlement and compensation issues. However, the grievance cases will be heard at first at a local – Union – level at an Alternative Dispute Resolution Forum (ADRF) formed for the purpose of CHTRDP II. In all hearings – ADRF or GRC – the R-NGO will arrange the presence of a legal adviser as an observer and also to facilitate and support the APs in finding a solution to the cases of grievances.

71. If a case of grievance is not resolved at the ADRF and GRC level, this will be referred to

the project’s Resettlement Advisory Committee (RAC), although all through the process the APs will have the right to seek appropriate recourse before a competent court of law of Bangladesh.

72. The representative of the NGO, as the member secretary of the GRC, upon receipt of

complaints, wills organize a GRC hearing. All grievance cases submitted before the GRC will be settled within fifteen (15) days of receiving the complaints from the AP.

73. The composition, role and functions of the GRC, RAC and ADRF is provided in the

subsequent sections of this document which is validated through the MoCHTA Executive Order (Ref. No 29.226.014.00.00.203-2013-462). The overall GRC mechanism is provided in the flow chart next page-39.

34

FIGURE 5: GRIEVANCE REDRESS MECHANISM

Three Tiers of Redress Mechanism

Aggrieved Person

ADRF Composition 1. Headman/UP Chairman,

Chairperson 2. Karbari 3. Female Ward Member 4. One Female elite 5. One male elite

Mitigated

Application Submitted to ADRF

through R-NGO

GRC Composition 1. Chairman or Representative, HDC,

Chairperson 2. Representative, DC Office 3. Land Officer, HDC, Member 4. NGO representative, Member

Secretary 5. Representative, UP, Member 6. 2 Representative of the APs,

Members (at least 1 being a woman

RAC Composition 1. Honorable Chairman or Representative CHTRC,

Chairperson 2. Representative, MoCHTA, Member 3. Honorable HDC Chairmen of the 3 Hill Districts or

their nominated councilor as representatives, Member

4. Deputy Commissioner of the 3 Hill Districts or their nominated representatives, Member

5. 3 Circle Chief, Member

Aggrieved Person may take shelter

to the formal court f l

Not Mitigated

Forwarded to RAC with a copy of verdict of GRC

Not Mitigated

Mitigated

Mitigated

Forwarded to GRC with a copy of verdict of ADRF

Not Mitigated

35

VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS

74. MoCHTA is the Executive Agency for the project with CHTRC having the responsibility of implementing Agency. The office of the Project Director is established within CHTRC with responsibility for the overall management and coordination of the project. A Safeguard and Quality Monitoring Cell (SQMC) has been already established in the office of the Project Director with the following two-fold reporting responsibilities: (1) to the Project Director; and (2) independently to ADB. The role of the SQMC will be to ensure that the project is implemented with due concern for safeguards and quality and, specifically to ensure that these issues are adequately addressed to the requirements of ADB.

75. The failure to adequately address any safeguard or quality aspect will cause the Project

Director to withhold the disbursement of funds to the defaulting agency until such time the process to rectify the fault is put in progress.

76. The Project Director will disburse funds in separate directions: (i) to LGED for the

implementation of the Roads and Market Component; and (ii) to each project sub-office, established in each of the three HDC offices. Implementation arrangement is shown in the Figure next page.

77. In implementing this component, LGED will require to:

Satisfied the financial audit requirements of ADB; Satisfy all safeguard requirements of the Government and ADB in terms of: LAR, Gender,

IPs, and the environment; Meet quality standards for design and construction as required by the Government and

ADB; CHTRC will subcontract Upazila and Union Road design to well qualified private

engineering firms having capacity to meet international design standards; Seek CHTRC approval, through the Project Director, for the alignment of proposed union

and Upazila roads at the preliminary planning stage; Allow access to the personnel of the SQMC to scrutinize and aspects of proposed,

ongoing, or completed work, at the time; and Provide information on progress to the Project Director on a monthly and quarterly basis

in a format and on a schedule to be determined.

36

FIGURE 6: PROJECT IMPLEMENTATION ARRANGEMENT

78. The overall implementation of the LAR activities involves a range of committees and stakeholders, as outlined in detail in the CHTRDP II’s LAR Guidelines which is approved by the above-mentioned MoCHTA Executive Order. This is also applicable to the implementation of the present LARP for the ‘Marishya Bazar (Upazila Sadar)-Maynimukh Bazar via Babu Para, Bottola & Dakkhin Saroatoli’ Road’. The Committees and Institutions involved are;

37

Key Institutional Stakeholders in the LAR Guidelines Implementation

Oversight and Policy Guidance & Backstopping Local Government Engineering Department (LGED) District Project Management Office (DPMO) Hill District Council (HDC) Project Management Office (PMO) CHT Regional Council (CHTRC)

Ministry of CHT Affairs (MoCHTA) Safeguard Quality & Monitoring Cell (SQMC) Project Implementation Consultant (PIC)

Specific to Implementation of LAR Activities Resettlement Advisory Committee (RAC) LAR Assessment/Estimation Committee (LARAEC) Property Valuation Assessment Team (PVAT) Alternative Dispute Resolution Forum (ADRF) Grievance Redress Committee (GRC) Non-Government Organizations (NGOs) Office of the Deputy Commissioner Office of the Circle Chief and Headmen

A. LARP IMPLEMENTING ORGANIZATIONS

79. MoCHTA, through the CHTRC and the HDCs, has overall coordination, planning, implementation and financing responsibilities. The Project Director or a person nominated by him will serve as Chief Resettlement Officer (CRO) for the purpose of execution of the present LARP. The CRO is responsible for the supervision of the implementation work, with the help of HDC and the R- NGO. The CRO will be assisted by the District Resettlement Officer in each Hill District, to be nominated by the Project Director.

A.1. OVERSIGHT AND POLICY GUIDANCE & BACKSTOPPING

Local Government Engineering Department (LGED)

80. LGED is the implementing agency of the Rural Road component of CHTRDP-II. Although, it has an autonomous setup for the implementation of the component, it reports to the CHTRC and PMO and its representatives also sits in the various project implementation committees; NPSC, RCC and DCC.

81. As regards the implementation present LARP, the involvement of LGED has the most pivotal role which will necessitate close coordination with LGED between the other

38

stakeholders in the implementation, the most important being with the PIC, NGO, DPMO and PMO.

District Project Management Office (DPMO)

82. The office of the Deputy Project Director (DPD), located in each of the hill districts is responsible to supervise, guide and monitor all CHTRDP-2 activities at the district level. The DPD reports to the PMO and Hill District Council (HDC) on all aspects of the project. Besides, it also is responsible for liaison and coordination, inter alia, the project NGOs and other support committees, within their respective district and supervises the activities of the NGO subcontracted for the LAR activities.

Hill District Council (HDC)

83. HDCs are the main institutional stakeholders for the implementation of CHTRDP II at district level, including for the LAR activities. It hosts the District Coordination Committee (DCC), chaired by the HDC chairman and the CHTRDP-2 District Project Management Office (DPMO). The HDC a member of the Resettlement Advisory Committee (RAC) and plays a crucial role acquisition of land and most importantly, in the payment of compensation and rehabilitation of the APs. Finally, the HDCs are key focal institution at the respective district level for property valuation assessment, grievance redress and in that role, steers the PVATs, ADRFs and the GRCs.

39

FIGURE -7: RESETTLEMENT ORGANIZATION CHART

Project Management Office (PMO)

84. The Project Management Office (PMO), headed by the Project Director (PD), is the ‘nerve centre’ for the implementation, management and technical backstopping of the project under the overall supervision and tactical guidance of the CHT Regional Council/ RCC and the Ministry of CHT Affairs/NPSC, within the overall framework of the RRP, DPP and PAM. The PMO, though the DPMO, initiates as LAR activities as required by the project and is responsible for the appropriate compensation, rehabilitation and grievance redress of the APs as per the project’s LAR guidelines and in overall reference to ADB’s SPS and the relevant laws of Bangladesh.

In addition, the Project Director or his nominated representative assumes the role of the Chief Resettlement Officer (CRO).

CHT Regional Council (CHTRC)

85. CHT Regional Council is the lead implementing agency of CHTRDP II and the honorable Chairman is the ex-officio Chairman of the Regional Coordination Committee (RCC). Similar to NPSC, the RCC is composed of members from relevant government agencies

40

and department and CHT representatives is responsible for the overall coordination and management of day to day implementation of the project, carried out by i) The Hill District Councils (HDCs), ii) Local Government Engineering Department (LGED), iii) the Project Management Office and (iv) Participating NGOs.

86. As regards execution of LAR activities, the CHTRC leads the RAC and also plays a major in the redressing of grievance from the APs. It also plays an important role in policy guidance to the PMO and the other stakeholders.

Ministry of CHT Affairs (MoCHTA)

87. The Ministry of CHT Affairs is the Executing Agency and chairs the National Project Steering Committee (NPSC) with the honorable Minister or his designated officer serving as ex-officio Chairperson of the committee. The NPSC include as members, representatives from various relevant government ministries and agencies and as well as CHT Regional Council and Circle Chiefs with the Project Director, PMO, CHTRDPII as the Member-Secretary. The key responsibility of the NPSC includes:

Overall co-ordination and management of the project at the national level including co-ordination with donors and Government agencies;

Ensuring timely budgetary allocation to the Project Management Office (PMO) for the purposes of the project; and

Ensuring that necessary national level approval is timely obtained for the carrying out the project.

88. As regards LAR, MoCHTA’s role is crucial. It issues the requisite policy and legal orders in the form of government circular and ordinance to legally sanction the LAR activities and where, such orders/ordinance requires the involvement of other agencies of the government, it ensures the necessary facilitation and mobilization. Most importantly, MOCHTA issued the EO (already mentioned above) to give administrative sanction to the CHTRDP II’s LAR activities.

Safeguard Quality & Monitoring Cell (SQMC)

89. The SQMC is an Independent entity comprising two national consultants who will ensure that the Project is implemented with due concern for safeguards and quality and specifically to ensure that the following issues are adequately addressed in accordance to the respective ADB policies and guidelines related to

1) compensation for land asset acquisition; 2) compensation for loss of income; 3) continuing tenure of land by the original users; 4) gender; 5) indigenous people; 6) environment, and 7) quality of work necessary to ensure sustainable outputs.

41

Project Implementation Consultant (PIC)

90. The scope of PIC’s consulting services is to provide technical advice and supervision for overall project implementation. In the context of the LAR activities, the principal support of the PIC with the RS as lead includes, among others:

Provide overall technical and management support to the PMO, DPMOs, HDCs, R- NGOs with field visit and PDCs for all land acquisition and resettlement issues.

Support the R-NGO and DPMO in preparing the LARP and in the case of CI component, DDRs

Assist the DPMO, PMO and HDCs in the grievance redress to the APs and for this, formulating the requisite tools and mechanisms, including on ADRs.

Prepare the requisite guidelines, formats and templates on LAR to be used by the R-NGO, DPMO and PMO.

Review initial procurement documents and contracts for all civil works, goods and labor services to ensure their conformity with the guidelines and regulations of ADB and GOB. Assist PMO, DPMOs, R-NGOs and LGED in procurement procedures;

Provide technical backstopping as requested by the PD, DPDs, HDCs, R-NGOs and LGED at all stages and levels of implementation, from conceptualization, assessments of proposals, design, review of procurement procedures of goods, works and services, contracts, construction phase to completion, and post-completion O & M;

Provide top supervision for construction activities of the village/community infrastructure (by supporting R-NGOs).

A. 2. SPECIFIC TO IMPLEMENTATION OF LAR ACTIVITIES

Resettlement Advisory Committee (RAC)

91. The role of the Resettlement Advisory Committee (RAC principally comprises of providing policy guidance and support in the LAR related activities of CHRDP II. Occasionally, it may meet with cases of grievances from the complainants when the verdict of the GRC would require further scrutiny.

92. The RAC will sit as and when require and will be composed of the following;

Honorable Chairman or Representative CHTRC, Chairperson Representative, MoCHTA, Member Honorable HDC Chairmen of the 3 Hill Districts or their nominated councilor as

representatives, Member Deputy Commissioner of the 3 Hill Districts or their nominated representatives, Member 3 Circle Chief, Member LGED, Member Project Director, Member Secretary

42

LAR Assessment/Estimation Committee (LARAEC)

93. The primary task of the LARAEC will be to carry out exhaustive survey of the overall LAR requirements based on the design of the sub-projects or the Rural Roads by LGED. The presence of the two-thirds of the members will be necessary for making any decision with the presence of the Chairperson and the Member Secretary as mandatory. The LAR Assessment/Estimation Committee (LARAEC) is composed of the following;

HDC Chairman or representative, Chairperson LO, HDCs for their respective District, Member Land Acquisition Officer, Concerned DC office, Member Representative, Headmen Association for the respective district, Member Representative, UP Chairmen Association, Member Representative, DPMO, Member Representative, LGED (for RR only) Representative, LAR NGO, Member Secretary

The committee is set up in each of the Hill District. Property Valuation Assessment Team (PVAT) 94. The PVAT determines the Maximum Allowable Replacement Value (MARV) on the basis

of the Entitlement Matrix (page-36)for immovable and movable assets such as land and structures by type, and tree, saplings on the lands to be acquired under the project. The project’s Property Valuation Assessment Team (PVAT) is formed with the following;

Representative, HDCs, Chairperson

Representative, Headmen Association/Concern Headman, Member Land Acquisition Officer, DC Office Representative, PMO/DPMO, Member Representative, LGED, Member Upazila Chairman/Representative, Member UP Chairmen, Members Representative of R-NGO, Member Secretary

95. In addition, the PVAT may include further members from appropriate relevant

government agencies or representative institutions of the indigenous peoples’ communities. The committee members, all together, take such decisions if deemed necessary.

43

FIGURE 8: PROPERTY VALUATION ADVISORY TEAM (PVAT) PROCEDURE OF DETERMINING

VALUATION

44

Alternative Dispute Resolution Forum (ADRF)

96. During LAR implementation, in case of contested claims and grievances, the issues will be tried to be addressed locally through informal methods, broadly known as Alternative Dispute Resolution (ADR).

97. The ADRFs will be composed of 3-5 members with generally the Headman as Chairperson of the committee. However, in cases where pertinent, the Headman may be substituted by the UP Chairman or other appropriate local level leaders in that role. The LAR NGO, together with the NGOs sub-contracted for community mobilization will pay the relevant facilitation role under the overall guidance of the Resettlement Specialist in the PIC and the PMO/DPMO. The other members to the ADR forums will be drawn from the community level under the overall facilitation of the LAR NGO. However, in all such cases the composition of the ADRFs will be limited to 3-5 members which include the Chairperson too.

Grievance Redress Committee (GRC)

98. The composition of the GRC is as follows;

Chairman or Representative, HDC, Chairperson Representative, DC Office Land Officer, HDC, Member NGO representative, Member Secretary Representative, Headmen Association, Member Representative, Union Parishad, Member 2 representatives of the APs, Members (at least 1 being a woman)

99. The GRC has the power to resolve resettlement and compensation issues preemptive to their being addressed through the legal system. In this regard, it will be also assisted by the ADRFs and will receive grievance cases from the APs through the LAR GO which the ADRFs earlier could not resolve effectively.

Non-Government Organizations (NGOs)

100. The NGO is responsible for facilitation and mobilization of the communities and the affected persons and serves in the various committees in the LAR implementation process. Its key responsibilities include;

Facilitate and assist in the different steps of the LAR implementation process; from socio-economic survey to compensation, relocation and income generation

Facilitate in the redress of the grievances cases from the communities and the APS. Formulate/prepare the LARPs under the overall guidance of the Resettlement Specialist

and PMO/DPMO. Facilitate the PMO/DPMO and other relevant institutional agents in the effective

implementation of the LAR activities.

45

Prepare an ‘information disclosure plan’ for each sub-project under the RR and take initiative for their proper dissemination and disclosure among all the relevant stakeholders and general public.

Set up pertinent monitoring formats, supervision and reporting mechanism and for the LAR activities with the full participation of the communities

Finally and most importantly, ensure the full participation and consultation of the communities and affected persons in the LAR activities by following the principles and modalities of the FPIC.

Office of the Deputy Commissioner

101. The DCs have the power to acquire titled land and to assess compensation of properties thus acquired. CHT law provides the power to the DC, who conducts the acquisition through the Land Acquisition Officer (LAO). The LAO or his/her appointed officers, along with HDC, PMO and R-NGO staff, will conduct a joint physical verification of property on the land in accordance with the LARP which will be prepared by R-NGO and submitted to PMO for their necessary review and onward transmission to CHTRC and ADB for further necessary action. The DCs are responsible for the entire acquisition process and compensation. HDC/R-NGO will liaison with the concerned DC office to complete the land acquisition process in a timely fashion.

Office of the Circle Chief and Headmen

102. The Traditional Institutions around of the office of the Circle Chiefs and Headmen still play a very important role in the areas of land and revenue administration, customary land rights and delivery of traditional justice to the communities in the CHT and which is recognized by law. Commensurate to this authority of the Circle Chiefs and the Headmen, community land/Individual grants for loss of lands will be verified by Headmen and Karbaris, with assistance from the R-NGO and Resettlement Specialist. Under this process, users of Community Land/Individual Land, whether registered or not, will be eligible for the grants, and the price of the land will be verified through the PVAT, as with the CCL process.

46

IX. COMPENSATION AND RESETTLEMENT BUDGET

A. COMPENSATION, RELOCATION AND INCOME RESTORATION

103. The compensation for the APs is calculated as follows;

o Registered land: as per recorded price of the lands in the DC/UNO office duly certified the competent officials of these offices. In the cases where such land prices are not available, price of similar land in the vicinity is takes as the benchmark

o Unregistered land – both customary ownership and land which are considered legalizable: On the basis of estimation by the concerned local headmen and which are further cross-checked by the local stakeholders including records, where available, of recent land sales and purchase.

o Standing structures: standard rates of the Public Works Department (PWD) o Crops: Standard rates of the District Agriculture Office o Trees: Standard rates of the Department of Forest o Business: Those losing their business will not be covered under this provision, as they

are likely to be relocated within the same vicinity without dislocation of their client base. They will however receive a business restoration grant which will be decided by the PVAT.

104. In addition to the above standard estimate, a premium according to government rates will be given to the APs as part of Cash Compensation under Law (CCL). Further, the PVAT will decide on Maximum Allowable Replacement Value (MARV) to compensate for the market price of the lost assets of the APs.

105. The CCL will be paid for the registered land, structures, crops and trees through the DC office following standard government rules. For the unregistered lands which are considered under customary ownership, a comparable process to the CCL will be adopted through the traditional institutions - Circle Chief, Headmen, and Karbaris, as ratified in the 1900 CHT Regulations – and the amount will be paid from the PMO by the HDC. The MARV, once decided by the PVAT, will also be paid by similar method by the HDC.

106. Vulnerable households will receive special assistance from the project. One time grants

will be made in favour of the female headed households with disabled family member.

107. In all cases, the R-NGO will play the necessary role of facilitation and coordination with

the PMO, DPMO, DC, HDC and other stakeholders; so that APs and female headed households receive their compensation without hassles.

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B. RESETTLEMENT BUDGET AND FINANCING

108. The budget below is tentative with a margin of error of +-20%. As the LARP is currently being elaborated, The DC office is still to provide the necessary estimate for CCL. Similarly, the estimate for the customary ownership lands waits for completion by the competent authority i.e. the concerned Mouza headmen and the office of the Circle Chief. Consequently, the meeting of the PVAT also is still to be held; so the MARVs, relocation grants and benefits for APs and female headed HHs remains undetermined.

109. The budget, thus, is prepared through an extensive survey exercised by taking into account the current market value of the land and as well as the approximate value of the standing structures and crops and trees. The estimate is based upon discussion and consultation with the local market actors, community members, mouza headmen and UP Chairmen. All such discussions were held separately with every respondent by the R-NGO.

110. The total budget amount for the LARP is estimated at BD. 45,783,479.85 (US$ 5,93,819.45

@ TK. 77.10). The detailed breakdown is provided in table-14:

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TABLE 14: INDICATIVE BUDGET FOR LAND ACQUISITION AND RESETTLEMENT FOR ‘MARISHYA

BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN

SAROATOLI’ ROAD

SL Description Unit Quantity Rate (TK)

Amount

(TK.) US$)

A

Land with types (land to be acquired)

1 Settlements (homestead) Decimal 60.65 21000 1273650.00

2 Paddy land Decimal 79.14 22000 1741080.00 3 Forest( hilly land) Decimal 868.75 18000 15637500.00

Contingency @ 15% of the sub total A

18652230.00 15% 2797834.50

Sub-total land acquisition 21450064.50

B

Trees (calculated based on average rate per annum)1 Large size No 1710 2500 4275000.00 2 Medium size (Tree) No 2422 1500 3633000.00 3 Small size No 3327 200 665400.00 4 Seedling No 4192 100 419200.00

Sub-total of trees: 11651 8992600.00

C

Structures

1 House Pucca , Wood with CI sheet

SFT 1608 1850 2974800.00

2 House made of Mud, Bamboo with CI sheet

SFT 750 650 487500.00

3 House made of Mud, wood and CI sheet

SFT 1716 600 1029600.00

4

Transfer Grants, Reconstruction Grants and Land Development Cost for 22 structure

SFT 4074 35%for kutcha house

1572165.00

5 Business Restoration Grants for 3 Months

Monthly basis

5 3

Months 141000.00

Sub-total of Structures (CCL+MARV) 6205065.00

D 1

Stamp duties and registration fees for replacement land purchase by all registered land owners @ 7% of the MARV

No

7%

E 1

Fruit Compensation for big and medium categories of fruit bearing trees (Big 423+ Medium 276)

No 1471500.00 30% 441450.00

F 1 Cash Compensation for Perennials Crops and Fruit Bearing Trees

Three years net products

Big-423, Medium-276

500-2500 one year

Product

3586500.00

G 1 Transition Allowance for access to cultivable land and one time crops

8 79.14 600 47484.00

H 1

Project Disclosure, public consultation and FGDs, surveys, training and income restoration

280,000.00

Sub-total (D-H) 4355434.00 Sub-total (A-H) 41003163.50

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SL Description Unit Quantity Rate (TK)

Amount

(TK.) US$)

I 1 Contingency @ 10% of the sub total (A+H)

10% 4100316.35

J 1 Social Development activities for SAPs

600,000.00

K 1 Implementing Agency Operation Cost

80,000.00

Grand Total Cost (TK/US$):

45,783,479.85 593,819.45

US $ @ TK.77.10

50

X. LARP IMPLEMENTATION

A. LARP IMPLEMENTATION SCHEDULE

111. The LARP will be implemented over a period of three month. It may take 1st of July 30th September 2016. This includes from socio-economic survey to payment of compensation and other benefits to the APs and female-headed households. The overall process also includes the meetings of the various committees (LARAEC, PVAT, GRC, ADRFs, etc.) for taking relevant operational decisions and resolution of grievances and disputes.

Following Chart provides the detailed schedule of LARP implementation.

TABLE 15: LARP IMPLEMENTATION SCHEDULE (3 MONTHS)

Month M1 M2 M3

LARP Planning Census/Socio-economic Survey Draft LARP Agricultural Land Survey Revised LARP/Final LARP Hiring of LARP implementing Agency/NGO Site Office of NGO Relocation Activities Community Consultation Final list of APs Final Notice to APs/CBEs/Others Formation of RAC&GRC Completion of Land acquisition Payment of CCL by DC Payment of transfer costs Relocation of APs/CBEs/other Project Land hand over to Contractor Resettlement Activities Income Restoration grant Business restoration grant Payment of MARV by HDC VGs Social Forestry program/Road side plantation

Monitoring and Evaluation Internal Monitoring External Monitoring Evaluation of the Project

51

B. MONITORING AND EVALUATION

112. PMO/HDC, through the PD at the PMO, will establish a monitoring system involving CRO, the CHTRC, the PIC and RNGO for collecting, analyzing and preparing quality progress reports on the progress of LARP implementation. PMO/HDC will also provide an Annual Report to ADB. In order to a smooth monitoring and reporting system for LAR, PMO, assistance with PIC, will be fully responsible for monitoring and reporting.

113. Monitoring of the LARP will be done both internally and externally. The purpose is to

provide feedback to HDC and to assess implementation effectiveness. A mid-term Review also be done upon monitoring and evaluation reports. The review will meet and identify other relevant data, any action needed to improve resettlement performance. Evaluation the LARP implementation will assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards were restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability.

B.1. INTERNAL MONITORING

114. Internal monitoring will be carried out by the PMO. The district resettlement Officer (DRO),

assisted by the field staff at HDC District office and the RNGO, will establish a monthly monitoring system and prepare a monthly progress report on all aspects of LARP implementation. The initial Census and SES will provide the benchmark data and periodic surveys will be carried out to measure changes against this baseline data using monitoring data. In assistance with District and Upazila engineers, the RNGO, the PIC Resettlement Specialist (RS), the PD at the PMO will monitor land acquisition and resettlement. A Management Information System (MIS), to be designed and maintained by the Benefit Monitoring & Evaluation Specialist of the PIC, will meticulously maintain all the related records and information including on the affected persons and communities, amount of compensation and the measures for the redressing of the grievances. Further, all the roads and village access will include Geographic Information System (GIS) coordinates in the MIS. As regards latter, the GIS Specialist will be responsible for the maintenance and update of the system. Table 16 indicates the potential monitoring indicators

52

TABLE 16: POTENTIAL MONITORING INDICATORS

Monitoring Issues Monitoring Indicators Budget and time frame

· Have all land acquired and resettlement staff been appointed and mobilized for field and office work on schedule · have capacity building and training activities been completed · Are resettlement implementation staff being achieved against agreed implementation plan? ·Are funds for resettlement being allocated to resettlement agencies on time? · Have resettlement offices received the schedule fund? Have funds been absorbed according to LARP? · Hass all land been acquired and occupied in time for project implementation?

Delivery of AP Entitlements

· Have all APs receive entitlements according to numbers and categories of loss set out in the entitlement matrix? · Have APs received payment on time? ·Have all APs received agreed resettlement benefits as per schedule of payment? · How many affected house-holds have received compensation for titled land? · How many affected house-holds relocated and built their new structure at new location? · How many APs are being able to purchase replacement land? · Are APs able to access to school, health service, cultural sites and activities? · Are income and livelihood restoration activities being implemented as planned? Have affected farmers received entitlements? · Have affected business received entitlements? · Have the APs losing their livelihood received their entitlements? · Have APs losing their eroded land received proper compensation? · Have properly identified users of IP Common Land been compensated? · Have the squatters, encroachers of Khas land or LGED/ or other government of Bangladesh (GoB) land displaced due to the project been compensated? · Have the community structures are compensated and rebuilt at new site?

53

· Are host communities sufficiently assisted for civic amenities where necessary?

Consultation, Grievances and Special issues

· Have resettlement information brochures/leaflets been prepared in Bangla and distributed? · Have consultation taken as scheduled including meetings, groups, community activities? · How many APs known their entitlements? How many know if they have been received? · How many APs used the grievance redress procedures? What were the outcomes? · Have conflicts been resolved?

Benefit Monitoring · What changes have occurred in income and expenditure patterns compared to pre-project situation? · Have APs income kept pace with these changes? · What changes have occurred for vulnerable groups?

B.2. EXTERNAL MONITORING

115. The RS with the PIC team will supervise and monitor LARP implementation for HDC. The

PIC will sub-contract monitoring and evaluation of the resettlement activities to an IMA, which will be an experienced person or firm. The tasks of the IMA will be to: (i) verify results of internal monitoring, (ii) assess whether resettlement objectives have been met, especially whether livelihoods and living standards have been ·restored or enhanced, (iii) assess resettlement efficiency, impact and sustainability, drawing lessons as a guide to future resettlement policy making and planning, and (iv) ascertain whether the objectives were suited to AP conditions. The IMA will design and adopt methods and tools for data collection facilitating a comparable database of ``before’’ and ``after’’ resettlement conditions. Table 17 presented indicators for external monitoring.

TABLE 17: INDICATORS FOR EXTERNAL MONITORING AND EVALUATION

Monitoring Indicators Basis of Indicators Basic information on AP House-holds

· Location · Composition and structure, ages, education and skill levels · Gender of House-holds heads · Ethnic identity of the house-holds · Access to health, education, utilities and other social services · Housing type · Land and other resources and using pattern · Occupation and employment pattern · Income sources and levels · Agricultural production data · Value of assets forming composition and resettlement benefits

Reconstruction of living · Were house compensation made free of depreciation,

54

Monitoring Indicators Basis of Indicators standards fees of transfer costs to the APs?

· Have APs achieved replacement of key social and cultural element?

Reconstruction of Livelihoods

· Were compensation payments free of deduction of depreciation, fees or transfer cost to the APs · Were compensation payments sufficient to replace lost assets? · Was sufficient replacement land available of suitable standard? · If costs were involved, did the transfer and relocation payment cover these costs? · Was the income substitute payment sufficient for the period of transfer? · Have the commercial enterprises affected received sufficient compensation and re-established them? · Have vulnerable groups been provided affective income earning opportunities? · Have the vulnerable APs provided with jobs in project civil works?

Levels of satisfaction · How much do APs know about resettlement procedures and entitlements? Do APs know their entitlements? · Do the APs know if these have been met? · How APs assess the extent to which their own living standards and livelihoods have been restored? · How much do APs know about grievance procedures and conflict resolution?

Effectiveness of Resettlement Planning

· Were the APs and their assets correctly enumerated? · Was only land speculators assisted? · Was the time frame and budget sufficient to meet objectives? · Were entitlements too generous? · Were vulnerable groups identified and assisted? · How did resettlements implementers deal with unforeseen problems?

Other Impacts · Were there unintended environmental impacts? · Were there unintended impacts on employment or income?

116. At the implementation stage PIC will conducts periodic review and supervision missions. In addition to regular review missions, ADB will undertake a comprehensive Mid Term Review of the LARP implementation. A post Evaluation of LARP implementation will be carried out by the ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and implementation of resettlement activities.

55

ANNEX 1: SOCIOECONOMIC SURVEY QUESTIONNAIRE

Area Code

Form No.

Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)

Socioeconomic Survey of Affected Family and Persons due to acquisition of land

01. Particulars of household:

Census Form No.

01 Name of head of household/Institution

t

02 Father’s Name t

03 Mother’s Name t

04 Name of respondent and relation with head of the household (wife/son, daughter/husband/others)

t

05 Village/ Road No./ Avenue No. t

06 Union /Ward t

07 Police Station t

56

08 District t

09 Main Profession/Occupation t

10 Indigenous people (mention tribe) t

11 Religion t

12 Membership of Organization (if any)

t

13 Yearly income of the family t

14 Name of Chairperson/Secretary/ (In case of Social Institution)

t

N.B: Items # 2,3,4,5,10,11 and 12 are not applicable for item # 14

Name of Interviewer ______date________

Signature of Supervisor __date_______

02. Particulars of household:

Sl N

o

Nam

e of

ho

useh

old

Rel

atio

nshi

p w

ith H

OH

*

Age

Sex

Mar

ital s

tatu

s

Mai

n P

rofe

ssio

n/

Sec

onda

ry

Pro

fess

ion/

Liv

elih

ood

( if

any)

Tot

al Y

early

in

com

e (T

aka)

Edu

catio

nal

qual

ifica

tion

Phy

sica

l st

atus

/

Ow

ner

of

Aff

ecte

d

1

2

3

57

Sl N

o

Nam

e of

ho

useh

old

Rel

atio

nshi

p w

ith H

OH

*

Age

Sex

Mar

ital s

tatu

s

Mai

n P

rofe

ssio

n/

Sec

onda

ry

Pro

fess

ion/

Liv

elih

ood

( if

any)

Tot

al Y

early

in

com

e (T

aka)

Edu

catio

nal

qual

ifica

tion

Phy

sica

l st

atus

/

Ow

ner

of

Aff

ecte

d

4

5

6

7

8

9

10

11

12

* HOH= Head of Household

03. Particulars of land:

Do you have your own land within the Project Right of Way? Yes/ No.

If yes, would you please mention about the type of ownership? ………………………………………………

If answer is ‘yes’, furnish detail information about your own land.

Serial No.

Types of land Code No of Land

Area of own land (decimal)

Land affected by project Area of residual Land

(decimal)

Mouza Para/Plot No.

Area

(decimal)

1. Homestead

2. Agriculture land (1st grade land)

Single Cropped

Double Cropped

58

Serial No.

Types of land Code No of Land

Area of own land (decimal)

Land affected by project Area of residual Land

(decimal)

Mouza Para/Plot No.

Area

(decimal)

Multi Cropped

3 Medium Hill (2nd grade land)

Vita

Orchard

Other crops

Fallow land

4 Hill (3rd grade land)

Timber/Fruit tree

Forest

Others

5 Jhum

6 Pond ( Cultivated)

7 Pond (Non-Cultivated)

8 Fallow land (plain land)

9 Road/community property

10 Water body/ditch

11 Others (Please mention)

Total own land

If answer is ‘No’

59

04. Affected land under community/other’s ownership (Khas/Relatives (Uthuli)/Other’s)

Type of land

Code No.

Mouza Plot No. (if any)

Area of land (Decimal)

Area of acquired land (decimal)

Status of present use

Comments

For how long using the land, , Is there any agreement ? Yes/No.

If answer is yes, Name of person/Organization contracted with

05. Use of Community/Government land (Partial/full) adjacent to own land

Type of land

Mouza Para Area of land in use (Decimal)

Area in affected land (decimal)

Status of present use

Comments

06. Cultivation related:

Do you cultivate affected land by yourself ? Yes/No.

If answer is ‘No’

In case of sharecropping, furnish details of sharecroppers

SL No.

Name of Share Croppers and address

Mauza Para/Plot No (if any)

Area of land (Decimal)

Size of affected portion of land (decimal)

Share of produce received (Percentage)

1.

2.

3.

60

07. Mortgage/Kat (Locally practiced mortgage) Lease/Contract-particulars:

Have you taken affected land by way of mortgage/Kat/Lease/Other Contract? Yes/No

If answer is yes, please furnish the particulars.

SL. No

Nature of owner

-ship mortgage/

kat/Lease/Contract

Name & address of real owner of land

Mouza Para/Plot No. (if any)

Area of land (dec)

Area of affected portion of land (decimal)

Value of Contract (Taka)

Time of Contract (year)

Duration of Contract/

Lease etc.

Amount of yearly paid up taka

1.

2.

3.

4.

08. Particulars of trees (Individual ownership/Community/Government or owned by any other agency):

A. Detail description of trees on Own land

SL. No.

Name of tree

Fruit bearing (yes/No)

Description of trees

Large Medium Small Plant

No. Acquired No. Acquired No. Acquired No. Acquired

1.

2.

3.

4.

5.

6.

7.

8.

61

B. Detail description of trees on Community/GoB land

SL NO

Name of tree

Fruit bearing (yes/No)

Description of trees

Large Medium Small Plant

No Acquired No. Acquired No. Acquired No. Acquired

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

09. Detail of structures (Homestead/CBEs/CPRs etc.) if affected:

SL No

Use

of

stru

ctur

e

Description of Structure *

Cod

e N

o.

Size Approximate Value of structure

To be affected due to acquisition, Yes/No. T

ype

of la

nd

Roo

f

Wal

l

Flo

or

Uni

t Quantity/No.

1.

2.

3.

* Within or out of the ROW.

Type of land code: 1- Individual ownership, 2-Owned by others, 3-Communityowned, 4-Government land (if used partially or fully) adjacent to the land owned by respondent.

Unit Code: 1=S.F.T, 2= R.F.T, 3= Number, 4= C.F.T.

62

10. Commercial Enterprises (Only affected):

Own Commercial Structure and Own business:

SL No

SL. No. following description of structure

Nam

e of

bu

sine

ss

Nam

e of

bu

sine

ss

owne

r

Fat

her’s

Nam

e

Add

ress

Am

ount

of

busi

ness

cap

ital

Average monthly income from business

No. of appointed Employees

Whether owner of the CBE Y/N

11. Labor/Employees employed in affected business/industry (own & rented)

SL. NO

By-SL. No. Q-10

Name of Enterprises /Industry

Name of labor/employee & address

Sex Age Designation Monthly wage/salary

12. Is there any Social Institution (such as school/college/health complex/historical place), Religious Institution (Pagoda//Temple/Church/ Mosque /Eidgah/Graveyard/Cremation ground) or Development Project (Road, Hat & Bazaar) etc. on acquired land?

Yes/N-Yes

If answer is yes, please give details.

If answer is yes

Please give details.

If answer is yes Please give details. If answer is yes

Y

63

13. Do you have electricity in your house? Yes/No.

If answer is yes, Number of electric light, ,No. of fan & others

14. What kind of toilet you use? (Katcha/Slab/Pucca)?

15. What is source of water of your family?

For drinking- Stream, Tube well, well, river, pond, other) (Put tick)

For other household use- Stream, Tube-well, well, river, pond, other) (Put tick)

Is the source arsenic contaminated? Yes/No/Not Known.

Will acquisition of land affect sources of water? Yes/No.

16. For how many years you are staying at your present residence?

If you have shifted to present residence, where did you live before that?

17. Was your house ever devastated by land slide/ erosion of river? If answer is yes, how many times?

The last time of devastation of your house

18. Where you and your family members use to go for medical treatment (Village/Market/Town)? (Put tick)

Whom do you consult? (Ayurvedic, Physician/Allopathic / Homeopath /Healer/ Exorcist) (Put tick)

What kind of treatment you take (Exorcism/ Allopathic / Homeopathy/ Ayurvedic) (Put tick)

19. How many members of your family are in service and business?

Total number of service holder_____, Male Female ,

Total number of businessmen______, Male Female

Working place of male member (own Upazila/other than own Upazila), name of district if other than own Upazila

Working place of female member (own Upazila/other than own Upazila), name of district if other than own Upazila

If working place of Male /Female in abroad, name of the country _____________________.

64

20. Have taken loan from any institution? Yes/No

If answer is yes:

Sl. # Name of Institution Amount of loan Year of loan received

Duration of loan

1 2 3 4 5

21. House rent (only affected)

SL No.

By-SL No. from Q-9

Name of Renter

Father’s Name Address Monthly rent

No. of Family members

1 2 3 4 5 6 7

22. Nature of loss of respondent (mentionable)

(a) Land

(b) Homestead

(c) Other Structure

(d) Tree

(e) Business

(f) Crops

Resettlement related: (If homestead/business/common resources properties-CLARP is affected, Q32-Q36 are applicable)

23. (Only in case of affected homestead/CLARP)

Owner of land (self/relatives/Government/Others)

65

Kind of loss of homestead: Partially/Fully

Quantity of residual land except affected land, useable as homestead (decimal) fallow (decimal)________cultivable (decimal)

24. Would you like to donate your land/property for the betterment of the community without receiving any compensation for the affected property? Yes/No

25. Do you like to (a) be resettled on your residual land or (b) be resettled by purchasing of new land or (c) by the project:

If you be resettle by yourself, where?

Nearby place

In other village

In Town

Others (Please mention)

26. In case of affected business/industrial establishment:

Name of owner of business / industrial enterprises

Kind of loss of infrastructure: Partially/Fully.

27. Do you like to (a) be resettled in your own land or (b) be resettled by purchasing land or (c) be resettled by the project?

If you be resettled by yourself, where?

Nearby place

In other village

In town

Others (Please mention)

28. Do you want assistance from Government for resettlement? Yes/No.

If answer is yes, how?

a.

b.

c.

d.

29. If Yes, How do you like to get compensation of affected property: in cash or in kind

66

How would you like to spend the compensation money?

1. To buy land 2.To shift house 3.To build house 4.To get training for taking new occupation 5. To get job 6.To do business 7. To marketwise the produces 8. To invest for self-employment 9. To adjustment of loan 10. Other (Please mention)

1st 2nd 3rd

* Planning according to preference

30. What are the available source/opportunities for employment in your locality? a. b. c. 31. Is there any requirement of training for skill development for taking up new occupation for you or members of your family? Yes/No. If answer is yes, name of training essential for you/ family members:

1. 2. 3. Name and signature/thumb impression of the Interviewee with date

Comments of the enumerator’s __________________________________________________

67

ANNEX-2: COMMUNITY CONSULTATION MEETING DETAILS

Location, date and time

Male + Female

Participants

Participants and issues discussed

Baghaichari UP Charman’s

Conference Room, , No. 384 Sarvoatali Mouza, Sarvoatali Union, Baghaichari

Upazila Date:19/069/16, Time: 3.00 PM

19 Male + Female 8

Total-27

Mr. Kamini Rajan Chaukma, Headman, No. 384 Sarvoatali Mouza, presided over the meeting attended by 27 affected persons on the road alignment of which 9 are female.

The meeting was held with prior notice to the affected people through Mouza Headman and Karbaries.

The meeting was attending with Mouza Headman, Karbaries, UP Members, Affected Persons of the affected areas. 1 Headman and 1 UP member along with the affected persons were also were present in the meeting. Mr. Reetesh Roy, Project Manager Taungya, conducted the meeting.

Compensation on customarily owned land as well as titled land under ADB SPS-2009, special grant for SAPs, Women APs, Disabled persons, etc. were the topics of discussion. Mr. Biplob Chakma, Executive Director, Taungya described the aims, objectives and activities of the CHTRDP-II among the participants. In his speech, he elaborated that though both types of land owner (titled and customary) will be compensated according to the ADB safeguard policy-2009, only IP communities who own customary title of land, will be compensated for the affected land.

Mr. Kanghla Aung Marma asked, whether compensation on customary owned land will be given or not. any questions were asked by the participants. In response to the question Mr. Chanchu Chakma replied that compensation on customarily owned land will be given as same as title land.

68

Location, date and time

Male + Female

Participants

Participants and issues discussed

Golachipa Bazar, No. 384 Sarvoatali Mouza, Sarvoatali Union, Baghaichari

Upazila Date:12/07/16, Time: 3.00 PM

Male-17

Female-9

Total- 26

Mr. Subas Kusum Chakma, UP member, no-30 Sarvoatali UP, ward-4, presided over the meeting attended by 26 affected persons on the road alignment of which 9 are female.

The meeting was held with prior notice to the affected people through Mouza Headman and Karbaries.

The meeting was attending with Mouza Karbaries, UP Members, Affected Persons of the affected areas. Mr. Tanak Chakma, Khagrachari District Project Officer, Taungya addressed the meeting. Compensation on customarily owned land as well as titled land under ADB SPS-2009, special grant for SAPs, Women APs, Disabled persons, etc. were the topics of discussion. Mr. Reetesh Roy, Project Manager, Taungya described the aims, objectives and activities of the CHTRDP-II among the participants. In his speech, he elaborated that though both types of land owner (titled and customary) will be compensated according to the ADB safeguard policy-2009, only IP communities who own customary title of land, will be compensated for the affected land.

69

ANNEX 3:

TABLE 2: AP TOTAL, AFFECTED AND RESIDUAL LAND OWNED LAND (DECIMAL) WITH PERCENTAGE OF LOSS ALONG THE ‘MARISHYA

BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA & DAKKHIN SAROATOLI’ ROAD.

SL No.

Name of Affected Person and Father's /

Huaband’s Name

Gender Village Mouza

Amount of total owned

land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %

Type of Acquired Land Type of

ownership of Acquired Land

AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

1 Shovadutto chakma S/O Purna Kumar Chakma

Male Golachipa No 384

Sarvotoli 500 20.64 479.36 4.128 9.14 4.27 7.23 13.41 7.23

2 Mangal Chakma S/O Bakkoala Chakma


Sarvotoli 100 1.04 98.96 1.04 0 0 1.04 0 1.04

3 Kirti Ranjan Chakma S/O Panchaban Chakma

Male Sizak mukh

No 384 Sarvotoli

230 13.17 216.83 5.73 5.46 7.71 0 13.17 0

4

Moni sankar Chakma S/O Premolal Chakma


Sarvotoli 320 16.38 303.62 5.12 0 10.09 6.29 10.09 6.29

5 Sanchay Chakma S/O Nikunja Chakma


Sarvotoli 340 7.46 332.54 2.19 0 7.46 0 7.46 0

6 Asentu Chakma S/O Bimal Chandra Chakma


Sarvotoli 0 0 0 0 0 0 0 0 0

7

Sneha Kumer Chakma S/O Late- Kandhara Boida Chakma

Male Purbo sizak

No 384 Sarvotoli

500 16.07 483.93 3.21 0 0 16.07 0 16.07

8 Tridip Chakma S/O Late -Kamdev Chakma

Male Purbo sizak

No 384 Sarvotoli

0 0 0 0 0 0 0 0 0

9 Dayal Chandra Chakma S/O Late Vrighu Ram


Sarvotoli 640 19.83 620.17 3.1 0 0 19.83 0 19.83

70

SL No.


Huaband’s Name



land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %



AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

Chakma

10

Anna Sadhan Chakma S/O Late- Kaylash Chandra Chakma

Male Purbo sizak

No 384 Sarvotoli

2150 16.71 2133.29 0.78 0 0 16.71 0 16.71

11 Tridip Kanti Chakma S/O Late- Kinaram Chakma

Male Sizak Mukh

No 384 Sarvotoli

540 7.99 532.01 1.48 0 0 7.99 0 7.99

12

Budha Moni Chakma S/O Suranya Chakma

Male Sizak Mukh

No 384 Sarvotoli

270 1.03 268.97 0.38 0 1.03 0 1.03 0

13 Pitambar Chakma S/O Durghacharan Chakma

Male Sizak Mukh

No 384 Sarvotoli

600 1.57 598.43 0.26 0 0 1.57 0 1.57

14 Pratilal Chakma S/O Late - Vrighu Ram Chakma

Male Sizak Mukh

No 384 Sarvotoli

400 4.61 395.39 1.15 0 0 4.61 0 4.61

15

Ray Chandra Chakma S/O Dibardhan Chakma

Male Sizak Mukh

No 384 Sarvotoli

700 45.64 654.36 6.52 0 0 45.64 0 45.64

16 Jagadish Chakma S/O Kinaram Chakma

Male Dakhin Sizak Mukh

No 384 Sarvotoli

820 40.5 779.5 4.94 15.5 0 25 25 15.5

17

Jatindra Lal Chakma S/O Kala Chan Chakma


No 384 Sarvotoli

730 23.78 706.22 3.26 23.78 0 0 23.78 0

18 Lambha Chakma S/O Late -Farahulo Chakma

Male Purbo sizak

No 384 Sarvotoli

280 5.91 274.09 2.11 0 0 5.91 0 5.91

19

Amar Dhan Chakma S/O Dhara Chandra Chakma

Male Purbo sizak

No 384 Sarvotoli

180 5.27 174.73 2.93 0 0 5.27 0 5.27

20 Nuton Chakma S/O Kiran Chakma

Male Sizak Mukh

No 384 Sarvotoli

620 13.82 606.18 2.23 0 0 13.82 0 13.82

71

SL No.


Huaband’s Name



land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %



AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

21

Prodip Kumar Chakma S/O Late- Profolyo Ranjan Chakma

Male Chilemuro No 384

Sarvotoli 240 24.74 215.26 10.31 0 0 24.74 0 24.74 SAP

22 Aparna Chakma S/O Shova Dhan Chakma

Male Chilemuro No 384

Sarvotoli 400 6.43 393.57 1.61 6.43 0 0 6.43 0

23

Kruchna Charjya Chakma S/O Sumati Ranjan Chakma

Male Sizak Mukh

No 384 Sarvotoli

320 31.72 288.28 9.91 0 0 31.72 0 31.72

24 Lulu Mani Chakma S/O Profolyo Ranjan Chakma

Male Sizak Mukh

No 384 Sarvotoli

260 9 251 3.46 0 0 9 9 0

25

Shanti Ranjon Chakma S/O Pancha Ranjan Chakma

Male Sizak Mukh

No 384 Sarvotoli

280 7.35 272.65 2.63 7.35 0 7.35 0

26 Upendra Chakma S/O,Chandra Kumer Chakma

Male Sizak Mukh

No 384 Sarvotoli

220 6.17 213.83 2.8 0 0 6.17 0 6.17

27

Bimal Kumar Chakma S/O Tezendra Chakma

Male Jhotho Khamar

No 384 Sarvotoli

240 10.06 229.94 4.19 0 0 10.06 0 10.06

28

Sadhan Kumar Chakma S/O Sindhu moni Chakma


Sarvotoli 260 3.21 256.79 1.24 0 0 3.21 3.21 0

29

Sizak chilemura Sarghapuri Bana Vabna Kendra, Chairman- Biralal Chakma

Male Purbo sizak

No 384 Sarvotoli

1000 88 912 8.8 0 0 88 0 88 SAP

30 Birolal Chakma S/O Pancha Ban Chakma


Sarvotoli 1050 57.85 992.15 5.51 0 0 57.85 57.85 0

31 Rintu Chakma S/O Sona kanti Chakma

Male Uttor Sizak

No 384 Sarvotoli

320 1.99 318.01 0.62 0 0 1.99 0 1.99

72

SL No.


Huaband’s Name



land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %



AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

32

Kripa Chandra Chakma S/O Sneha Kumer Chakma

Male Purbo Sizak

No 384 Sarvotoli

520 17.55 502.45 3.38 0 0 17.55 17.55 0

33 Vuban Alo Chakma S/O Sneha Chakma

Male Uttor Sizak

No 384 Sarvotoli

200 21.3 618.7 10.65 0 0 21.3 21.3 0 SAP

34 Manghal Chakma S/O Indra Mani Chakma

Male Uttor Sizak

No 384 Sarvotoli

120 5.14 114.86 4.28 0 0 5.14 5.14 0

35 Saradhan Chakma S/O Late- Bazah Chakma

Male Sizak Mukh

No 384 Sarvotoli

90 5.14 84.86 5.71 0 0 5.14 0 5.14

36 Kiron Moy Chakma S/O Mayeram Chakma

Male Sizak Mukh

No 384 Sarvotoli

270 4.21 265.79 1.56 0 0 4.21 4.21 0

37 Karonya Chakma S/O Kalya Chakma

Male Sizak Mukh

No 384 Sarvotoli

220 27.94 192.06 12.7 0 0 27.94 27.94 0 SAP

38 Priyo Chakma S/O Late- Raj Kumer Chakma


No 384 Sarvotoli

840 67.49 772.51 8.03 0 0 67.49 0 67.49

39 Sailantu Chakma S/O Late- Nani Gopal Chakma

Male Sizak Mukh

No 384 Sarvotoli

300 3.54 296.46 1.18 0 0 3.54 3.54 0

40 Sunil Priyo Chakma S/O Late- Raj Kumer Chakma


No 384 Sarvotoli

420 13.82 406.18 3.29 0 0 13.82 0 13.82

41

Binoy Sankar Chakma S/O Noni Gopal Chakma

Male Purbo Sizak

No 384 Sarvotoli

400 10.73 389.27 2.68 0 10.73 0 0 10.73

42 Joshomita Chakma W/O Rikal Chakma

Female Purbo Sizak

No 384 Sarvotoli

320 4.72 315.28 1.48 0 0 4.72 0 4.72

43 Gouri Sankar Chakma, S/O Noni Gopal

Male Purbo Sizak

No 384 Sarvotoli

200 11.44 188.56 5.72 0 11.44 0 11.44 0

73

SL No.


Huaband’s Name



land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %



AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

Chakma

44 Pranti Chakma W/O Udayan Chakma

Male Purbo Sizak

No 384 Sarvotoli

110 3.44 106.56 3.13 0 3.44 0 3.44 0

45

Surzo Kumar Chakma S/O Dino Bandhu Chakma

Male Purbo Sizak

No 384 Sarvotoli

230 2.89 227.11 1.26 0 0 2.89 0 2.89

46

Pravu Ranjan Chakma S/O Kalachan Chakma

Male Purbo Sizak

No 384 Sarvotoli

820 12.95 807.05 0.86 0 0 12.95 12.95 0

47

Kali Kumer Chakma S/O Jhara Ban Chakma

Male Sizak mukh

No 384 Sarvotoli

120 4.48 115.52 3.73 0 4.48 0 4.48 0

48 Mikiron Chakma S/O Late- Daya Ranjan Chakma

Male Purbo Sizak

No 384 Sarvotoli

1524 45.19 1478.81 2.97 0 0 45.19 45.19 0

49

Gyano Sankar Chakma, S/O Noni Gopal Chakma

Male Sizak mukh

No 384 Sarvotoli

250 13.82 236.18 5.53 0 0 13.82 13.82 0

50

Nilo Chandra Chakma, S/O Late- Amar Sing

Male Sizak mukh

No 384 Sarvotoli

260 5.73 254.27 2.2 0 0 5.73 5.73 0

51

Shova Sankar chakma S/O Noni Gopal Chakma

Male Purbo Sizak

No 384 Sarvotoli

230 17.03 212.97 2.41 0 0 17.03 17.03 0

52

Dhanan Joy Chakma S/O Late - Surendra Chakma


No 384 Sarvotoli

140 4.59 135.41 3.28 4.59 0 0 4.59 0

53 Mukul Chakma S/OKamini Chakma


No 384 Sarvotoli

740 6.89 733.11 0.93 6.89 0 0 6.89 0

74

SL No.


Huaband’s Name



land (decimal)

Amount of

Acquired Land

(decimal)

Residual Land

Per

cen

tag

e o

f A

cqu

ire

d L

an

d %



AP/ SAP

Pad

dy

lan

d

(Dec

imal

)

Ho

me

stea

d

(Dec

imal

)

Tila

La

nd

(D

ecim

al)

Tit

led

Cu

sto

mar

y

54 Sudutto Chakma S/O Jughanusha Chakma

Male Sizak mukh

No 384 Sarvotoli

950 89.15 860.85 9.38 0 0 89.15 89.15 0

55 Moti Lal Chakma, S/O Chebedha chakma


No 384 Sarvotoli

1000 8.65 991.35 0.87 0 0 8.65 8.65 0

56 Gyan Moy Chakma S/O Late -Hongsha Dhas Chakma

Male Sizak mukh

No 384 Sarvotoli

900 3.21 896.79 0.36 0 0 3.21 3.21 0

57 Jaghadish Chakma S/O Late- Hongsha Dhas Chakma

Male Sizak mukh

No 384 Sarvotoli

800 12.86 787.14 1.61 0 0 12.86 0 12.86

58

Lolit Kumer Chakma S/O Vanu Dev Chakma

Male Sizak mukh

No 384 Sarvotoli

220 38.89 181.11 17.68 0 0 38.89 38.89 0 SAP

59

Notun Kumar Chakma S/O Vanu Dev Chakma

Male Sizak mukh

No 384 Sarvotoli

620 18.62 601.38 3 0 0 18.62 18.62 0

60

Sunil Chandra Chakma S/O Late -Sumitro Chakma

Male Sizak mukh

No 384 Sarvotoli

230 6.27 223.73 6.27 0 0 6.27 0 6.27

61

Suvash Kusum Chakma S/O Late-Sarat Chandra Chakma

Male Sizak mukh

No 384 Sarvotoli

400 6.75 393.25 1.69 0 0 6.75 0 6.75

62 Kalendra Chakma S/O Late - Karna Mukh Chakma

Male Sizak mukh

No 384 Sarvotoli

320 6.17 313.83 1.93 0 0 6.17 0 6.17

Total Land 1008.54 79.14 60.65 868.75 541.54 467

75

ANNEX 4:

TABLE 18: APS LOSING BUSINESS ALONG THE ‘MARISHYA BAZAR (UPAZILA SADAR)-MAYNIMUKH BAZAR VIA BABU PARA, BOTTOLA

& DAKKHIN SAROATOLI’ ROAD.

SL.No

Name of Owner Fathers/Husband

Name Kind of

Business

Amount of Capital of Business

Amount of return

(Monthly)

No. of employee

( if applicable)

Staff Salary (Monthly)

1 Mani Sangkar

Chakma Premalal Chakma Tea Shop 70000 10000

2 Kirti Ranjan

Chakma Panchaban Chakma Tea Shop 100,000 12000

3 Asentu Chakma Bamal Chandra

Chakma Pharmacy

shop 80,000 10,000

4 Tridip Chakma Late- Kamdev

Chakma Carpentry

Shop 50,000 8000

5 Tridip Kanti

Chakma Late - kinaram

Chakma Tea Shop 40,000 7,000

47000

2763-ban (sf): second chittagong hill tracts rural ......resettlement plan project no. 42248-013...

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