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Land Acquisition and Resettlement Plan Sapchari Para, Wagga
Union Road Subproject April 2011
BAN: Second Chittagong Hill Tracts Rural Development Project
Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts
Affairs and the Asian Development Bank.
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CURRENCY EQUIVALENTS (as of 29 April 2011)
Currency unit – taka (Tk)
Tk1.00 = $0.0137 $1.00 = Tk72.91
ABBREVIATIONS ADB – Asian Development Bank AP – affected person
CHT – Chittagong Hill Tracts CHTRC – Chittagong Hill District
Council CHTRDP – Chittagong Hill Tracts Rural Development Project
CRO – chief resettlement officer CCL – cash compensation under law
DC – deputy commissioner DMPO – District Project Management Office
EA – executing agency EP – entitled person FGD – focus group
discussion GRC – grievance redress committee HDC – hill district
council HH – household IMA – independent monitoring agency IP –
indigenous people LAO – land administration officer LAP – land
acquisition plan LARF – land acquisition and resettlement framework
LAR – land acquisition and resettlement LARP – land acquisition
resettlement plan LGED – Local Government Engineering Department
MARV – maximum allowable replacement value MIS – management
information system MOCHTA – Ministry of Chittagong Hill Tract
Affairs NGO – nongovernment organization NPRR – National Policy on
Resettlement and Rehabilitation PD – Project Director PMO – project
management office PIC – project implementation consultant PMO –
project management office PVAT – property valuation
assessment/advisory team RAC – resettlement advisory committee ROW
– right of way SAP – seriously affected person SES – socioeconomic
survey SPS – Safeguard Policy Statement (ADB 2009) SQMC –
safeguards and quality monitoring cell
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NOTE (i) In this report, "$" refers to US dollars.
This resettlement plan is a document of the borrower. The views
expressed herein do not necessarily represent those of ADB's Board
of Directors, Management, or staff, and may be preliminary in
nature. In preparing any country program or strategy, financing any
project, or by making any designation of or reference to a
particular territory or geographic area in this document, the Asian
Development Bank does not intend to make any judgments as to the
legal or other status of any territory or area.
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Table of Contents
I. THE PROJECT
.........................................................................................................
1 A. Background
...............................................................................................
1
II. SAPCHHARI PARA
DESCRIPTION.........................................................................
2
III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)
......................... 7 A. Data Collection Methodology
....................................................................
7 B. Estimated Scope of LAR
Impacts..............................................................
8
IV. SOCIO-ECONOMIC PROFILE OF THE AFFECTED
PERSONS........................ 12
V. RESETTLEMENT POLICY FRAMEWORK
............................................................ 15 A.
CHT Legal Framework
............................................................................
15 B. ADB’s Involuntary Resettlement Policy
................................................... 16
1. SPS Involuntary Resettlement
Safeguards................................................... 16 C.
The Project’s LAR
Policy.........................................................................
19 D. Objectives of the Land Acquisition and Resettlement Plan
(LARP) ........ 21 E. Guidelines for Land Acquisition and
Resettlement (LAR) ....................... 21 F. LAR
Entitlements.....................................................................................
23
VI. CONSULTATION AND DISCLOSURE
................................................................ 32
A. Consultation and Stakeholders' Participation
.......................................... 32
VII. GRIEVANCE REDRESS
MECHANISMS.................................................................
33
VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION
ARRANGEMENTS........... 35
IX. LARP IMPLEMENTING
ORGANIZATIONS.........................................................
38 A. Project Management Office (PMO) within the
CHTRC............................ 38 B. LAR Acquiring Body
................................................................................
38 C. Project Implementation Consultants (PIC)
.............................................. 39 D. LARP
Implementing NGO
(NGO)............................................................
39 E. Resettlement Processing Committees/Teams
........................................ 39 F. LAR Implementation
Guidelines..............................................................
41
X. COMPENSATION AND RESETTLEMENT
BUDGET............................................. 44 A.
Compensation, Relocation and Income Restoration
............................... 44
XI. RESETTLEMENT BUDGET AND FINANCING
................................................... 45
XII. LARP
IMPLEMENTATION...................................................................................
47 A. LARP Implementation
Schedule..............................................................
47 B. Monitoring and
Evaluation.......................................................................
50
1. Internal Monitoring
........................................................................................
50 2. External Monitoring
.......................................................................................
51
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TABLES Table 1: Upstream Paras Potentially Served by the Union
Road ................................................. 4 Table 2:
AP/SAP Total, Affected, and Residual Owned Land (Decimal), with
Percentage of Loss10 Table 3: Category Affected Land (Decimal), by
Percentage.......................................................
10 Table 4: Number of Affected Trees by Type (Timber/Fruit) and
Size ......................................... 11 Table 5: Species
of the Affected
Trees.......................................................................................
11 Table 6: Family Composition
......................................................................................................
12 Table 7: Total Affected Population by Gender and
Percentage.................................................. 12
Table 8: Age of Population by
Gender........................................................................................
13 Table 9: Occupation by Gender and
Percentage........................................................................
13 Table 10: Level of Education by
Gender.....................................................................................
14 Table 11: Level of Household Income (Yearly)
...........................................................................
14 Table 12: Entitlement Matrix and Responsible Implementation
Agencies .................................. 25 Table 13: Indicative
Budget for Land Acquisition and Resettlement for Sapchari para at
Wagga Subproject of
CHTRDPII.............................................................................................................
46 Table 14: Potential Monitoring
Indicators....................................................................................
50 Table 15: Indicators for External Monitoring and Evaluation
...................................................... 51
FIGURES Figure 1: Location of Existing Union Road and Proposed
Concrete Path, Sapchari Para/Mouza 3 Figure 2: Location of Sapchari
Para in Rangamati District,
CHT.................................................. 6 Figure 3:
Sketch Map of the New Alignment of Proposed Concrete Footpath of
Sapchari Para..8 Figure 4: Grievance Redress
Mechanism...................................................................................
34 Figure 5: Project Implementation Arrangements
........................................................................
36 Figure 6: Project Cash Flow Arrangements
................................................................................
37 Figure 7: Property Valuation Advisory Team (PVAT)
.................................................................
40 Procedure of Determining Valuation of Property
........................................................................
40 Figure 8: Resettlement Organization Chart
................................................................................
43 Figure 5: Tentative LARP Implementation Schedule in Context of
Overall Project Timetable.... 47 Figure 6: Tentative LARP,
Implementation Schedule for Subproject (Year
1.5)......................... 49
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I. THE PROJECT A. Background 1. The Second Chittagong Hill
Tracts Rural Development Project (CHTRDP-II) funded by the Asian
Development Bank (ADB) is to improve rural livelihood to reduce
poverty and vulnerability among the rural population of the
Chittagong Hill Tracts (CHT), located at the southeastern region of
Bangladesh. Objectives of the project that it will: (i) improve
rural infrastructure and sustainable natural resources management
and monitoring; (ii) increase rural incomes, including those of
remote rural women and disadvantaged groups, through increased
economic opportunities and activities; and (iii) support
institutional strengthening of Ministry of Chittagong Hill Tracts
Affairs (MOCHTA), Chittagong Hill Tracts Regional Council (CHTRC)
and Hill District Council (HDC) to plan, implement and monitor
sustainable rural development in the three districts of the CHT,
Rangamati, Khagrachari and Banderban, comprised of indigenous
population (IP) from 11 ethnic groups and Bengalis.
2. The Project design will continue and enhance the work of
CHTRDP-I, taking into account the achievements and experiences of
other development initiatives in the CHT. CHTRDP-I, for instance,
helped reduce the incidence of absolute poverty in the CHT by
developing basic infrastructure and expanding income and
employment-generating activities that would raise the community’s
standard of living. The CHTRDP-II will target rural poor in CHT,
including IPs, women and other vulnerable groups.
3. The Project is comprised of five components:
A. Institutional Development and Project Management; B. Rural
Roads; C. Community Infrastructure; D. Micro Agribusiness
Development; E. Project Management.
4. Initially during the project preparatory technical assistance
(PPTA) for the Project, six pilot subprojects were chosen from a
list from CHTRDP-I representing CHT geographic variability (fringe
lands, hills, plains) and ethnic groups, including IPs and non-IPs
were selected as pilot models that would later be replicated across
the CHT. The Sapchari Para (village) at Wagga Union is one of the
selected subprojects.
5. Feasibility studies of the six subprojects are being carried
out through evaluating various socioeconomic factors as well as
with consultation and participation of the stakeholders. Sapchari
Para at Wagga is the only subproject where a detailed study on the
land acquisition and resettlement (LAR) issue has been undertaken
for the proposed union road construction during CHTRDP-II. The
union road will be a part of Component B. Rural Roads.
6. This subproject is located in Kaptai Upazila of Rangamati
District. Construction of the 2.1 kilometers (km) concrete footpath
of 1.5 meters (m) width, capable of taking a baby taxi or rickshaw
van as well as facilitating all weather pedestrian access, will
complete a 3 km access way from Wagga Union Road junction through
Sapchari Para to Sapchari Moin para that was proposed in CHTRDP-I
(0.9 km of union road was completed in Phase I). This is one of the
major components of this subproject in this phase. The principal
objectives of this component of this subproject are:
• Provide accessibility of the villagers in Wagga Union from the
main road for all kinds of development;
• Improve the literacy and level of education to the new
generation of this union by providing good accessibility to the
educational institutions;
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• Improve the economic condition of the villagers by
facilitating the marketing of their jhum and other agricultural and
forest products through good road accessibility; and
• Increase the mobility of the villagers; facilitate their
access to health and other facilities, and employment opportunities
in nearby urban areas.
7. This Land Acquisition and Resettlement Plan (LARP) is
indicative given that the subproject has not been fully
investigated and the design has not been finalized at the time of
the PPTA. As part of the LARP field investigation during Project
implementation, a census or socioeconomic survey (SES) and
inventory of losses (IOL) will be undertaken following the detailed
design (DD) carried out by an independent engineering company,
hired by the CHTRC, to indicate all affected persons (APs) and
businesses and the extent to which they would be affected as well
as their socioeconomic, with reference to their lost and residual
properties/assets in the locality. All this information will then
form the basis for revision/updating of this LARP after
finalization of the design.
II. SAPCHHARI PARA DESCRIPTION 8. The Sapchari Para, Wagga Union
Road subproject is located in Wagga Union of Kaptai Upazila,
Rangamati District. The subproject is situated in the west of
Rangamati District, at a distance of about 23 km from Rangamati
District Headquarters, adjacent to the Rangamati-Kaptai Road,
connected by a small bridge (45 m) built under CHTRDP-I, spanning
the Wagga River. The Rangamati-Kaptai Road, via the CHTRDP-I built
Union Road, provides access to two main ‘collection’ markets,
Ghagra (8 km) and Baraichari (7 km) where, twice a week farmers
take their produce. The first phase union road is herring bone
brick (HBB), currently used as a foot path as well as for bringing
village produce from upstream to the main Rangamati-Katpai Road,
either by mini-truck, passenger jeep/micro-bus (chander gari) or
baby taxi (three-wheeler auto rickshaw).1 Buyers from Chittagong or
Dhaka or their agents come in large numbers to these markets. These
two markets are very congested with narrow lanes; fruits and
vegetables are sold on the road and loaded on trucks. A popular
demand is to set a large spacious shed for buying/selling and
parking space for trucks and this will be addressed under another
component of the Project.2
9. The Para has gained importance because of the Wagga Junior
High School adjacent to both the existing CHTRDP-I-built Union Road
(and bridge) and the Rangamati-Kaptai Road. A few shops beside the
main road and an occasional assembly market is organized to sell
village produce to external buyers (Beparis). Hill Flowers, a
nongovernment organization (NGO) active in hill conservation
supported by Arannyak Foundation, has a branch office next to the
high school. This local NGO has been actively promoting
horticulture in the Wagga watershed villages. Hill Flower had by
2009 supplied 1,000 fruit plants for each village along the Union
Road. It also provided mahogany, gorjon timber trees to plant these
in the river bank to protect
1 Villagers collect their production from jhum fields to carry
them to the constructed road. Then they hire vehicles
according to their quantity of goods to take them to the main
road or to the market places. In that respect baby taxi and jeeps
are used mostly for carrying goods. On the other hand, trucks are
hired for timber and bamboo collection. In addition, there are two
vans in Sapchari, owned by two villagers, which also to carry goods
to the main road.
2 This section draws on the Micro Agribusiness Development (MAD)
Component Report, October 2010 as well as the Wagga SES conducted
about the same time, as well as the Asian Development Bank 2010.
Chittagong Hill Tracts Study on Potential for Integrated Water
Resources Management, February, for which a preliminary study of
Sapchari Para, Wagga was prepared, focusing on the impacts of the
new Union Road.
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against bank sliding. The villagers and above mentioned NGO are
hoping to benefit in future from marketing of mixed fruits if there
is a possibility to complete the Union Road.3
10. Sapchari Para covers about 13,000 acres of land. The
villagers claim that about 4,500 acres of land is registered and
the rest is used or owned by the villagers by customary right, in
line with the traditional system of the IP community. According to
the Wagga Socioeconomic Study, carried out in October 2010, this
para is inhibited solely by the Tanchangya ethnic group. All 48
households of this para have homestead land and houses, but 36
families own agricultural land, and 12 families are landless, i.e.,
they do not have any agricultural land. Sapchari Para appears to be
a reasonably well off village in terms to income, housing,
education, physical access to roads, and in terms of other
important factors. Figure 1 below shows, very roughly, the existing
Union Road (0.9 km) built during CHTRDP-I and the proposed new
concrete footpath (2.1 km), as well as the Rangamati-Kaptai Road,
Wagga River, and the new union road bridge that now traverses the
river.4
Figure 1: Location of Existing Union Road and Proposed Concrete
Path, Sapchari
Para/Mouza
3 Asian Development Bank 2010. Chittagong Hill Tracts Study on
Potential for Integrated Water Resources Management, February,
preliminary study of Sapchari Para, Wagga. The number of total
households and number of male female were taken from a survey by
Hill Flower, a local NGO in Rangamati District Headquarters. But
not all the villages were visited, due to their remote distance
from the constructed union road, on difficult hill paths.
4 These roads are superimposed on a Participatory Village Map
(PVM) Board posted at the beginning of the Union Road, seen from
the Rangamati-Kaptai Road. Note that in PVM exercises carried out
under Indigenous Peoples Plan (IPP), the PVM Boards will be in
Bengali. This was a pilot exercise carried out in Sapachari
Para.
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11. From Sapchari Para, the proposed concrete footpath will
serve villages upstream in the vicinity of Sapchari Moin which are
included in Sapchari Mouza,5 the lowest unit of land administration
in Bangladesh, just below the union. These villagers have reported
that they are already benefiting from the first project union road,
which has increased the price of their goods due to increased
accessibility of businessmen. The villagers are growing more crops
as the union road bridge has made marketing assurance for whole
year; and respondents showed their interest towards planting fruit
trees instead of reliance on timber, which may have positive long
term impacts for the watershed. More people are reportedly aware
about the long term environmental aspects of relying on cutting
timber trees, whereas fruit trees will provide fruit in every year
without destroying watershed forests. So fruit trees are thought to
be good for environment and commercially beneficial as well.
12. The villages in the Sapchari mouza, which includes the six
villages in Table 1 and incorporates the watershed around the union
road, are located along on the surrounding foot hills or on the
slope of the hills. The proposed alignment of the footpath of this
subproject area is characterized by hills and undulating land with
small amount of flat and gentle slope land. The proposed path will
go up hill by following more or less an existing stream (Sapchari
Chola) that feeds into the Wagga River, parallel to the main
Rangamati-Kaptai Road, where a number of other small streams have
also joined in.
Table 1: Upstream Paras Potentially Served by the Concrete
Footpath6 # Paras Households Population IP Group From Main Road 1
Sapchari, 48 Tanchangya 0.0 2 Tripurachari 21 Tanchangya 0.5 3
Sapchari Moin 30 Tanchangya 3.5 4 Doluchari Moin 18 Tanchangya 4.0
5 Bullayingach Moin 30 Tanchangya 8.0 6 Boradom 300 Chakma 9.0
Total 447 13. A new small-scale business community has been
developed near the Wagga Junior High School, along the main road
after the union road construction. The villagers report that before
the bridge, there were very few people engaged in small business;
but now, from the upstream villages, there are many people who have
started small trading, in terms of buying and collecting goods from
the villages and sell produce to the market. Both on market days,
as well as non market days, they collect vegetables and fruits from
different points of the upstream villages and take the products to
Rangamati, Ghagra, Boroichari and even to Chittagong. Villagers in
Sapchari Para report foot traffic through the existing bush track
(which is so overgrown it is impossible to spot without a local
guide, presently) at a rate of about 100 return trips (each of over
one hour) per day, of which about 30 are children accessing the
schools. In Sapchari Para some of the small traders collect
turmeric and other goods at a cheap price and store them in their
houses. Afterwards, they sell the goods to other businessmen in the
nearby market towns when the price is up.7
14. The Sapchari Para inhabitants are mostly educated, and
currently all their children are going to school, even with a very
difficult situation reaching the school in the rainy season. Since
the bush track is very difficult to follow presently, children from
upstream usually walk to school by following the stream bed. The
children, especially at the primary school level, face a serious
problem during flash floods and heavy rainfall.
5 The Mouza consists of more than two villages headed by
Headman. An alternative spelling is Mauja. 6 Ibid. 7 Ibid.
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15. On the other hand, the completed section of Union Road,
especially the bridge over the Wagga River, is reported by
villagers to have increased easy access to schools and colleges.
There are 35 students (26 female and 9 male) from Doluchari Moin
and Sapchari Para who go to the Sapchari Wagga Junior High School
and Rangamati College. They require 1.5 hours walking to reach
school and 2 hours for returning to their villages, due to having
to climb steep hills. Before the bridge construction, they needed
to cross the river by wading, which was difficult for the female
students, particularly in the rainy season. Now the problem has
been solved. However, to ensure their regular access to school they
require full implementation of another 2 km of access.
16. In spite of improved connectivity between the upstream
villages due to the relatively new union road bridge, primary level
students are still often deprived from regular studies. The only
government primary school is in Dulochari Moin, where students from
Sapchari Para also study. There are three teachers including two
assistant teachers and the headmaster. They are not local and live
in Rangamati town. However, due to the difficult transport system,
most of the time the teachers are absent from the school. As a
result, very often the students have to return home without
attending school.8
17. All families depend mainly on agriculture as the main source
of their livelihood. However, several persons work as regular
employees in private enterprises or in government departments. The
whole village is hilly, with some small amounts of plain land,
where homesteads, schools and other community infrastructure is
located and some agricultural production takes place. The farmers
of this village produce mainly ginger, turmeric and banana as cash
crops. Other products are yam, brinjal, papaya etc. The Para also
produces some jhum crops. Land ownership rests with the heads of
the households, who are mostly men.
18. Women members of the Sapchari Para families actively
participate in agriculture. The female villagers have reported that
the Wagga River, prior to the union road bridge, was a big
constraint for them to go outside of the village in terms of going
to market, visiting relative’s houses, hospitals and different
organizations. Similarly as most of the Little Flower NGO workers
are female, field staff was also unable to visit regularly the
upstream villages due to the increased water level in the river.
Now women are very visible on the main road. They can help their
families to carry the produced goods to the main road before market
day as well as other days. Now women’s involvement with the Little
Flower NGO has increased and women report that they can more easily
go to a hospital in case of pregnancy for routine checkups and for
delivery.
19. Since the last few years the Para villagers are gradually
moving away from jhum (swidden) rice, banana, spices and vegetable
production towards mainly permanent farming of fruit, such as
mango, and litchi and timber plantations. Fruit and vegetable
production within homesteads is also important. Landless families
usually lease land (currently at the rate of Tk8,000-Tk9,000 per
acre per season) or do sharecropping. Villagers are adopting modern
technologies for cultivating all crops, including cereal, but
mainly for horticulture.
20. The trend in the village as well as in the whole Wagga union
is to convert hilly land (slopes) into mango (Amrapali and Raong
varieties), litchi and guava orchards. The main incentive is the
good and steady price of these fruits and regular annual income as
opposed to Jhum cultivation. For example, one farmer gave his
estimates as follows: he earned Tk800,000 against an annual
investment of Tk300,000 from his 5-acre mango orchard. All
households produce ginger and turmeric but commercial production of
banana is limited to about 10 families. Other products such as
Arum/Yam, Brinjal (Eggplant), and papaya are produced
8. Ibid.
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around the homesteads or in very small pieces of land for family
consumption and sold in local markets, if surplus is generated.
21. During the Rabi (Winter) Season farmers, as in other places,
opt for winter vegetables such as tomato, cauliflower, radish,
bitter gourd, brinjal, and potato but only brinjal, cauliflower and
potato are produced by 10-20 households at a commercial scale.
Within the winter crops, brinjal, cauliflower and potato are most
profitable subject to good price and disease free production
season. Almost all households raise indigenous poultry birds for
family consumption and occasional sale, and about 50% of families
raise 1-5 cows for milk and calves.9
Figure 2: Location of Sapchari Para in Rangamati District,
CHT
22. Typically in Sapchari Para, about 51% of the population is
male and 63% of both sexes are under 30 years of age. Women of this
subproject area do all household work as well as work in the
field.
9 One farmer reported his initiative of large-scale production
of local birds same as broiler but lost them due to
spread of disease. But the scope for expansion using
semi-scavenging technique is very good if vaccination service is
ensured. Similarly, cow rearing (red Chittagong variety) is very
popular and profitable because of free green grass available in the
hills. Farmers report that sometimes they either do not milk the
cows or use milk for family consumption and sometimes, the surplus
is converted to yogurt for sale. The main objective is to fatten
cows and getting calves, which are sold for good price in local and
Chittagong markets.
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23. It is expected that implementation of the subproject will
generate additional employment (including short-and long-term) and
agricultural production and combined with the impacts of associated
project components (such as market facility upgrade) there will be
a multi dimensional effect on the socio-economic development of the
area. In particular, implementation of the subproject will:
• Reduce the carrying cost of, and time to transport
agricultural products to the market;
• Increase the use of modern technological inputs in
agricultural production; • Increase crop production and cropping
intensity; • Provide farmers with a better market price; • Increase
employment opportunities; and • Enhance quality of life through
access to health, education and other services in
the vicinity.
24. However, there will of course be some negative impacts, such
as APs losing their land, assets, and potentially their
livelihoods. However, in this para nobody will be displaced from
their homestead or business premises. The para will also not lose
any community property. The negative LAR impacts will be minimized
through providing adequate compensation, as well as through
mitigation measures for preventing Project-induced impoverishment.
Enhancement of socioeconomic development and protection of
seriously affected persons (SAPs) are features of this LARP.
III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) A. Data
Collection Methodology 25. 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). Some of the enumerators were deployed from the
local community as they could understand the local language, easily
communicate with APs and collect information properly. The
consultant’s field enumerators were extensively trained in a one
day orientation session. A reconnaissance visit was done to the
subproject site before starting the SES/IOL.
26. An experienced survey team with one management information
system (MIS) Specialist was engaged to provide the necessary
technical services to undertake a detailed SES/LOI as well as a
market survey of the affected properties to determine replacement
value. The MIS Specialist also provided technical assistance for
data generation, report preparation, and so forth.
27. 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 2.9 km alignment, a
total of twelve households were identified who would potentially be
affected. The SES/LOI was done for 100% affected HHs. The survey
consultant prepared a sketch map (Figure 1) of the alignment
showing area of land with length and owners of the respective land.
A property valuation survey was conducted through a structured
questionnaire by interviewing different categories of 10 persons,
for collection of market rate for affected land, trees, and other
assets (Annex 2). The enumerators also carried video documentation
of the structures along the right of way (ROW).
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B. Estimated Scope of LAR Impacts 28. The Local Government
Engineering Department (LGED) provided a sketch map of the Sapchari
para new Union Road, as it was originally designed before a
concrete footpath was agreed upon as more suitable for the area
(Figure 3 below). The alignment was to be 2.1 km long and 18 ft
wide, however now it will be 2.1 km long and 1.5 m wide. The sketch
map does not show slopes or a well defined road ROW, so how land
needs to be acquired can only be an approximate estimation. The
proposed alignment is through hilly and undulating terrain, with
numbers of small streams to be crossed, adding to the difficulty of
identifying the proposed alignment.
Figure 3: Sketch Map of the New Alignment of Proposed Concrete
Footpath of Sapchari Para
29. Approximately 66 decimals of land (0.66 acres or 0.27
hectares) land will be required to acquire for construction of the
new road. Most of this land is on the hill or at foot hill and the
road goes upstream along the existing stream. In some cases it
seems that some hills need to
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be cut. All the potential APs along the roughly identified RoW
claim that they are losing registered owned land. It means the
Deputy Commissioner (DC) will compensate through Cash Compensation
under Law (CCL) for their loss. The verification of the ownership
of land will be finalized at the time of preparation of Land
Acquisition Plan (LAP) needed for DC processing of CCL, after
finalization of the detailed design (DD). However, the ownership
will not be clarified until the notice under Section 3 is served by
the DC office10 and the area verified by the Joint Verification
Team (JVT). Nevertheless, for the purpose of this LARP these lands
are considered as privately owned.
30. Acquisition of about 0.27 ha land will not lead any
dislocation but will take away land, trees, and crops of 12 persons
requiring compensation. They will lose their land/trees either in
whole or in part. Only two persons will lose only arable land. The
remaining 10 will lose both land and trees. The total population to
be affected from these 12 households is 72. However, four
households will lose more than 10% of their land and so will be
SAPs. None of the household is female-headed.
31. All the APs will be identified by their type of losses
through IOL, census, and socioeconomic survey (SES) after the DD is
finalized, estimated to be third quarter of 2011. 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 area
in October 2010. In response to that their opted preferences for
resettlement/rehabilitation assistance have also been listed during
the survey period through focus group discussion (FGD) as well as
questionnaire survey. This discussion will be further elaborated by
covering more people and additional mechanism like participatory
rapid appraisal (PRA), stakeholders’ discussions during the census
and SES after finalization of the design. The information collected
through FGD and sample survey is going to be utilized to revise the
LARP for this subproject.
32. Of the 12 affected HHs, five are losing more than 30 decimal
of land due to the subproject. These APs follow traditional values
and follow their own traditional rules in land transactions. The
indigenous people (IPs) have separate rules and regulations
regarding these land transactions. They do not sell their land
outside their ethnic community. For this reason most of the land
owners own their land by inheritance. Only two HHs will lose only
arable land; and remaining ten will lose both land and trees. The
Table 2 below shows the quantity of total land in decimals, the
affected area, and the residual land, against the name of HH
heads.
10 Section 3 is the notice of land acquisition action under the
Rules for the Land Acquisition Ordinance, 1982, which
supports the CHT (Land Acquisition) Regulation, 1958, the most
important legal instrument for the government with regard to land
acquisition in the CHT.
-
Table 2: AP/SAP Total, Affected, and Residual Owned Land
(Decimal),11 with Percentage of Loss
# Name of Owner Total Owned Land (in
Decimals)
Affected Area of Land
Residual Land
Percentage of Loss
Severely Affected Persons (SAPs) 1 Odimohon Tangchanga 63 12 51
19% 2 Sukkromoni Tangchanga 64 10 54 15% 3 Kajopro Tangchanga 67 8
59 12% 4 Mikromoni Tangchanga
92 9 83 10%
Affected Persons (APs) 5 Dhanucharan Tangchanga 70 5 65 8% 6
Rabichandra Tangchanga 115 8 107 7% 7 Provat Kumar Tangchanga 51 3
49 5% 8 Endolal Tangchanga 56 2 55 3% 9 Bishawacharan Tangchanga
121 2 119 2% 10 Milon Tangchanga 210 2 208 1% 11 Tejendra
Tangchanga 815 4 812 0% 12 Ojidh Kumar Tangchanga 710 2 708 0%
Total (Average) 2,434 66 2,368 (3%) Source: Wagga SES/LOI,
October 2010 Note: 100 Decimals=1Acre, 2.47 Acres=1 Hectare 33.
Traditional jhum cultivation on the medium small hill is gradually
reducing down. These days the cropping pattern has changed and
rather than jhum, spices predominate, mostly ginger, turmeric, as
well as banana, vegetables and mixed fruits. In other words
multiple types of crops are grown. At present, most of the project
affected area is being used for agriculture, orchard and forest
land. It is a rural area with a primary economy based on
agriculture. It is evident from the socio economic survey, they
produce high value timber trees like Teak, Gamari, etc.
Interestingly they have started cultivation of orange, mango and
litchi. Considering the use of land and cropping patterns, three
categories of land have been found within the alignment as affected
and among these types orchard was lost more than other categories
of land.
Table 3: Category Affected Land (Decimal), by Percentage Type of
Land Quantity of Land (Decimal) Percentage
Orchard 33 50 Forest 25 37 Multi crop 5 7 Others 4 6 Total 66
100%
Source: Wagga Socioeconomic Survey, October 2010 34. The
potential APs along the footpath to be constructed have expressed
their expectation to receive compensation for loss of trees/crops
on the uphill side of the road caused by landslides after hill
cutting for the road. The LARP budget has indicative costs of
crop/tree direct compensation, but LGED will take appropriate
measure to prevent any land slide after project implementation and
these longer term compensation costs have not been included.
35. Along the RoW, some fruit orchards and timber trees will be
affected. A total of 858 trees of nineteen species may be affected
by the subproject. Of the total, 629 are timber trees, 73
11 100 Decimal = 1 Acre. Bangladeshi agrometrology unit of
measurement, a traditional measuring unit.
-
percent, and 229 trees, 27%, are fruit bearing. Considering the
girth of the trees, only 19 are large, 315 are medium, 284 are
small, with 241 saplings.
Table 4: Number of Affected Trees by Type (Timber/Fruit) and
Size Category of
Trees Large Medium Small Sapling Total %
Timber 3 254 223 150 629 73 Fruit Trees 16 62 61 91 229 27 Total
19 315 284 241 858 100% Source: Wagga SES/LOI, October 2010. 36.
The tree categories are shown in Table 5 below.
Table 5: Species of the Affected Trees, by Size Name of Tree Big
Middle Small Sapling Total
Gamari 3 254 213 10 479 Shishu 1 0 10 40 51 Banana 0 50 0 0 50
Mahogony 0 0 0 45 45 Orange 0 0 0 35 35 Garjan 0 0 0 35 35 Guava 0
0 5 27 32 Mango 11 3 3 11 28 Tamarind 0 0 25 0 25 Amloki 0 0 20 0
20 Titia 0 0 0 15 15 Litchi 0 2 0 10 12 Bettle Nut 3 3 5 0 11
Jackfruit 3 2 3 3 10 Segun 0 0 0 5 5 Shajna 0 0 0 4 4 Lemon 0 3 0 0
3 Boroi (Kul) 0 0 0 1 1 Bel 0 0 0 1 1
Total 19 315 284 241 858 Source: Wagga SES/LOI, October
2010.
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IV. SOCIOECONOMIC PROFILE OF THE AFFECTED PERSONS
37. Socioeconomic profile of all the estimated APs has been made
here based on the 100% of the sample survey from the total listed
affected households (12).
38. According to the SES, the affected HHs are primarily
comprised of male household heads, wife, offspring, mother, and
grandchildren. The important thing is the IP populations are still
maintaining a tradition of living with senior members of their
family. Most of the families are found to be joint or extended
families (Table 6).
Table 6: Family Composition Family Composition Frequency %
Son 16 22 HH Head 12 17 Wife 11 15 Daughter 11 15 Sister In Law
7 10 Grand Son 6 8 Grand Daughter 5 7 Vabi12 2 4 Mother 1 1 Brother
1 1
Total 72 100% Source: Wagga SES, October 2010.
39. Along the new footpath alignment from the end point of the
constructed road at Sapchari para (end of brick road) a total of 12
land owners have been identified. According to the SES, a total of
72 people will be affected in these households of which 38 are
female (53%) and 34 are male (47%). The average household size is
six, which is little bit higher than the national average
(5.4).
Table 7: Total Affected Population by Gender and Percentage
Population Number of Population Percent
Female 38 53 Male 34 47 Total 72 100% Source: Wagga SES, October
2010
b.
40. Among the affected population, most are found in the 11-20
age group, 26 percent, followed by the 21-30 age group, at 22%.
Some 12 percent are found among the 60 and older age group. The
life expectancy of males, with 16 percent at 60 or over appears to
be greater than that of females, with only 8 percent over 60
years.
12 Sister in law, specifically elder brother's wife.
-
Table 8: Age of Population by Gender Age Group Male % Female %
Total % 11-20 7 21 12 32 19 26 21-30 9 27 7 18 16 22 1-10 4 12 6 16
10 14 31-40 4 12 5 13 9 13 41-50 4 12 5 13 9 13 51-60 3 8 3 8 6 8
Above 60 3 8 0 0 3 4 Total 34 100% 38 100% 72 100% Source: Wagga
SES, October 2010
41. The SES revealed that most of the people are married after
twenty years of age. Child marriage is not found in the community.
No people remain unmarried after age thirty. The age at
marriage of female starts somewhat earlier than male.
Interestingly there is no widow found among the twelve affected
HHs.
42. Most of the APs rely on agriculture, with the hilly area
especially feasible for horticulture, forestation, and multi-crop
cultivation. Although no female affected person (AP) was
identified
as an agriculturalist, they contribute to a great extent in the
agriculture sector. During the survey, female APs mentioned their
profession as housewife, ignoring agriculture. More than 10 percent
of females are found in Government or Non-Government service,
obtaining wages. It is
evident that the IPs prefer to be service holders rather than
businesspersons. The educated people are doing service in
government and non-government organizations. One of the causes may
be that there is a special quota for the tribal or IPs in
Government service. Some of the low
income groups earn their livelihood from day laboring.
Table 9: Occupation by Gender and Percentage Occupation Male %
Female % Total % Agriculture 19 56 9 24 28 39 Student 6 18 10 26 16
22 House Wife 0 0 10 26 10 14 Children 4 11 3 8 7 10 Service 3 9 4
10 7 10 Disabled 1 3 1 3 2 3 Unemployed 0 0 1 3 1 1 Business 1 3 0
0 1 1 Aged 34 0 38 0 72 0 Total 68 100% 76 100% 144 100% Source:
Wagga SES, October 2010
43. One of the significant observations is that despite many
problems, these indigenous people are giving high importance to
education moving forward. The numbers of school going children
are increasing. Today, no family can be found without school
going children and female children are more advanced in this
regard. The highest percentage goes to secondary level. Table 10
shows that some 15 percent remain illiterate and some four percent
can only sign name, but
these people are by in large elderly people.
-
Table 10: Level of Education by Gender Occupation Male % Female
% Total %
Primary 6 18 11 29 17 25 Secondary 9 27 5 13 14 19 SSC 6 18 7 18
13 18 Illiterate 4 11 7 18 11 15 Children 4 11 3 8 7 9 HSC 2 6 3 8
5 7 Can Sign Only 2 6 1 3 3 4 Masters 1 3 1 3 2 3 Total 34 100% 38
100% 72 100% Source: Wagga SES, October 2010 44. The major source
of income for the affected HH as identified by the SES is from
selling agricultural products. In addition, there are timber and
fruit trees and some APs have service positions. The average yearly
income per household is TK. 144,583. The range is from Tk. 36,000
to Tk 300,000.13 Considering their occupation, level of income,
ownership of properties and overall standard of living, the
affected HHs think of themselves as ‘middle class.’
Table 11: Level of Household Income (Yearly) Level of Income
Number of HHs Percent
120,001-180,000 5 42 60,001-120,000 4 33 More than 180,000 2 17
Up to 60,000 1 8 Total 12 100% Source: Wagga SES, October 2010
13 One person out of the twelve affected HHs has an income of Tk
300,000 per year.
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V. RESETTLEMENT POLICY FRAMEWORK
A. CHT Legal Framework 45. 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 in the nature of a constitutional
legal instrument and vets 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.
46. The Acquisition and Requisition of Immovable Property Ordinance
(ordinance II of 1982) 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 covers all cases of acquisition and requisition of
immovable property (i.e. land, crops, built structures) for any
public purpose or in the public interest. This Ordinance does not
cover Project APs without title or ownership records, such as
Uthulies (informal settlers/squatters/encroachers), or khas land
cultivators.14 Further, in most of the cases the compensation paid
does not constitute market or replacement value of the property
acquired. 47. 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 I 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.15 48. 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 I 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
14 Government land. The government has in its possession vast
areas of land in the coastal region, where Char areas (accretions)
appeared from the
bed of big rivers or sea by way of new formations. These were
called khas land as were huge areas of land, originally belonging
to big estates, but later vested in the Court of Wards in due
process of law and managed by government-appointed managers or
agents. Added to these, were large chunks of land acquired by the
government for Railways and other big land-based projects. In
addition, excess khas lands were vested in the government in
consequence of state acquisitions. These khas lands were managed
directly by the government through government appointed-managers or
trustees (in case of trust properties) and/or by
managers/shebaits/mutwallis (in case of religious trusts, debottars
or waqf estates). Further, land and buildings abandoned by their
original owners as a sequel to the Partition of Bengal (1947) came
within the management responsibilities of the government, first as
Abandoned Property or wench properties and later, as 'enemy'
properties after the Indo-Pakistan War in 1965.
http://banglapedia.search.com.bd/HT/L_0047.htm 15 ADB; GOB,
Ministry of Land. 2007. TA 4517-BAN, Development of a National
Policy on Involuntary Resettlement. Draft Final Report. Annex
1:
Review of Land Laws and Regulatory Framework. Dhaka: Halcrow
Group Limited, Bangladesh Consultants Limited, and Rural Management
Consultants Limited. August; KIT in association with SODEV Consult,
CDP, ARCADIS EUROCONSULT, DPC 2001. Chittagong Hill Tracts Region
Development Plan (ADB TA # 3328 - BAN) Final Report No. 13: Legal
Issues in the CHT. Rangamati: February. p. 25: 1.9 Law Relating to
Land Acquisition
-
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 CHT Regulation 1 of 1900 or under any rules of
the Regulation without consultation with the HDC (Section 64).16
While the CHT Land Acquisition Regulation 1958 applies to the CHT,
no rules were developed to describe how the Regulation would be
applied in day to day land acquisition cases, so the rules
developed for the Land Acquisition Ordinance 1982 are applied to
the CHT as well as to the rest of Bangladesh.
B. ADB’s Involuntary Resettlement Policy 49. 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:
o Involuntary acquisition of land, or o 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.
16 The Hill District Councils (Bandarban, Rangamati and
Khagrachari) Act, 1998 (along with the Schedule – 1) is a major
piece of legislation for the
decentralized governance of the CHT. This is a very broad
authority which in practice the HDCs have seldom exercised till
date. Their weak institutional capacity and subservience to the
ruling party may be the main explanation. Nevertheless, Section 64
of the HDCs Act states: a) Notwithstanding anything contained in
any law for the time being in force, no land within the boundaries
of Rangamati (and Khagrachari and Bandarban) Hill District shall be
given in settlement without the prior approval of the Council and
such land cannot be transferred to a person who is not a domicile
of the said district without such approval; and b) Provided that,
this provision shall not be applicable in case of areas within the
Protected and Reserve Forests, Kaptai Hydroelectricity Project,
Betbunia Earth Satellite Station, land transferred or settled in
Government and Public interest, land and forest required for state
puLARPoses.
-
SPS Principles: o Screen the project early on to identify past,
present, and future involuntary resettlement
impacts and risks. Determine the scope of resettlement planning
through a survey and/or census of displaced persons, including a
gender analysis, specifically related to resettlement impacts and
risks.
o 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 Peoples, and those without legal
title to land, and ensure their participation in consultations.
• Establish a grievance redress mechanism to receive and
facilitate resolution of the
affected persons’ concerns.
• Support the social and cultural institutions of displaced
persons and their host population.
• Where involuntary resettlement impacts and risks are highly
complex and sensitive,
compensation and resettlement decisions should be preceded by a
social preparation phase.
o 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
cannot be restored, and
(iv) additional revenues and services through benefit sharing
schemes where possible. o 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
-
• Civic infrastructure and community services, as required. o
Improve the standards of living of the displaced poor and other
vulnerable groups, including
women, to at least national minimum standards. In rural areas
provide them with legal and affordable access to land and
resources, and in urban areas provide them with appropriate income
sources and legal and affordable access to adequate housing
o Develop procedures in a transparent, consistent, and equitable
manner if land acquisition is
through negotiated settlement to ensure that those people who
enter into negotiated settlements will maintain the same or better
income and livelihood status
o 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 o Prepare a resettlement plan elaborating
on displaced persons’ entitlements, the income and
livelihood restoration strategy, institutional arrangements,
monitoring and reporting framework, budget, and time-bound
implementation schedule
o Disclose a draft resettlement plan, including documentation of
the consultation process in a
timely manner, before project appraisal, in an accessible place
and a form and language(s) understandable to affected persons and
other stakeholders. Disclose the final resettlement plan and its
updates to affected persons and other stakeholders
o Conceive and execute involuntary resettlement as part of a
development project or program.
Include the full costs of resettlement in the presentation of
project’s costs and benefits. For a project with significant
involuntary resettlement impacts, consider implementing the
involuntary resettlement component of the project as a stand-alone
operation
o Pay compensation and provide other resettlement entitlements
before physical or economic
displacement. Implement the resettlement plan under close
supervision throughout project implementation
o 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
-
C. The Project’s LAR Policy 50. In 2007 a 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. 51. 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. 52. The LARF reflects the Government land acquisition
laws/regulations 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
(workdays and wages) and social infrastructure. 53. 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. 54.
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 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,
agricultural and commercial land; sharecroppers, and renters of
land and structures. Compensation will also be extended to APs for
loss of any asset including structures, fences, trees, plants or
crops. 55. The LARF also endorses an income restoration strategy
for SAPs. In addition to income restoration and cash assistance,
the LARPs 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. 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.17 The Project’s Micro Agribusiness Development (MAD) will
provide opportunities for SAPs to choose IGAs appropriate to their
situation. MAD’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 spicy leaf. Other options may be offered through NGOs, such as
in nurseries and livestock. 56. 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 relocation 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 entitled to resettlement benefits. For
the title-holders, in absence of any Rules for the CHT 1958 LA
Regulation, notification by the DC under Section 3 of the 1982
Ordinance, will constitute the Cut-Off Date. 43 In summary, the
LARF will establish a dual process of acquiring land for the roads.
One process will be through CCL following the CHT LA 1958
Regulation with the Local Government Acts of 1989 amended so that
the Government cannot acquire land owned by an individual, as per
CHT Regulation 1 of 1900, without consultation with the HDCs. This
process will go through the DC’s office, which is standard
throughout the rest of Bangladesh following the 1982 Land
Acquisition Act. 57. 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 and structure payments
under CCL to market price/replacement levels, payment for shifting
costs, grants for vulnerable APs (women headed households, IPs,
among others), and livelihood restoration grants for Severely
Affected Persons (SAPs) losing more than 10 percent of their land
and/or shifting residents/businesses. 58. 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 HTCs. 59. 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
17 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.
-
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) 60. 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 re-
establishing their incomes • Responsibilities of Chief
Resettlement Officer (CRO), District Resettlement Officer
(DRO) and others in delivering and monitoring the implementation
measures. 61. The primary objective of the LARP is to provide
guidelines for compensation payments for lost assets and
rehabilitation of the APs in order to prevent impoverishment by the
project and instead provide support to sustain or develop their
socio-economic condition.
E. Guidelines for Land Acquisition and Resettlement (LAR) 62.
Land acquisition and resettlement of the project Affected Persons
(APs), and facilitating the SAP and indirectly affected persons in
re-establishing their livelihood and income will be conducted in
accordance with the CHT Regulations of 1900 (popularly called, the
CHT Manual), the key legal reference for customary IP land
administration, GoB’s Acquisition and Requisition of Immovable
Properties Act of 1982 and the ADB's safeguard policy guidelines
requirements and best practice followed in Bangladesh for
resettlement of project affected persons for any infrastructure
project viz: (i) avoid involuntary resettlement where feasible,
(ii) minimize displacement by considering all alternatives where
population displacement is unavoidable, (iii) customary land right
of IP people is ensured and (iv) ensure that displaced people
receive assistance so that they would be at least as well off as
they would have been in the absence of the project. The following
are major elements of the policies/practices recommended by
ADB:
1) Involuntary resettlement and loss of livelihood should be
avoided where feasible;
2) Where population displacement is unavoidable, it should be
minimized by exploring all viable project options;
3) People unavoidably displaced should be compensated and
assisted, so that their
economic and social future would be generally as favorable as it
would have been without the project;
4) The vulnerable APs should be provided with resettlement
facilities or support to
resettle in proximity to their social groups and good
communication network with employment opportunities;
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5) People affected should be informed fully and consulted on
resettlement and
compensation options;
6) IPs will be entitled to have their customary land right
7) Maintain gender equity in resettlement planning and
implementation;
8) Existing social and cultural institutions of resettlers and
their hosts should be supported and used to the greatest extent
possible, and resettlers should be integrated economically and
socially in host communities;
9) The absence of a formal title to land by some effected groups
should not be a bar for
compensation, particular attention should be paid to households
headed by women and other vulnerable groups, such as indigenous
people and ethnic minorities, elderly and disable persons and
appropriate assistance provided to help them improve their
status;
10) As far as possible involuntary resettlement should be
conceived and executed as
part of the project;
11) IPs will be entitled to have their customary right on
natural resources
12) People who would be affected indirectly should be
facilitated with regaining opportunities of their livelihood and
socio-economic status
13) Participation of the local community should be ensured
through incorporating them in
different committees involved in planning through implementation
process of RAP
14) The full cost of resettlement should be included in the
presentation of project costs and benefits.
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F. LAR Entitlements 63. 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 later during preparation of LARPs for this subproject in
future then such losses will be included in the entitlement matrix
and the LARP will be the appropriately revised. 64. 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.
65. 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 the IPs
to a great extend and 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 traditional/customary rights outlined in the above LARF
sections. 66. There are also some RF areas in the CHT where IPs
have been living for generations, or have been shelter for the
Kaptai Dam refugees of the early 1970s. As these lands are owned by
the FD, compensation at replacement value (RV) will paid to the FD,
not to IPs, for any acquired land. However, APs on such RF lands
will receive grants for their losses from the HDC, as assessed by
the PVAT. 67. In the Entitlement Matrix, all these issues have been
addressed by identifying nature and categories of loss by
ownership, identified the Entitled Persons (EPs) through proper
definition, their entitlements for the losses because of the
project. The matrix describes the units of entitlements for
compensating the lost assets, and various resettlement and
rehabilitation benefits. The matrix also addressed the
implementation issues step by step with corresponding responsible
organizations to implement that.
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68. 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 HDC through the NGO
to cover the MARV. The HDC will also provide grants through the NGO
to APs who do not own any registered land but have
customary/traditional leased land registered by the CC. The HDC
will also provide grants to 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. 69.
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. 70. 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. 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 below.
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Table 12: 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
before 1980s
i. Replacement land18 or ii. Cash Compensation under Law
(CCL),
Market Value assessed by District Collector (DC) plus premium as
per Law, and
ii. Additional grant to cover Maximum Allowable Replacement
Value (MARV) of land
v. 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 in case of land purchase
within one year of receiving CCL from DC
i. Compensation for standing crops from DC
a. DC, Hill District Council (HDC) b. DC, HDC c. HDC,
Implementing NGO (NGO) d. DC,HDC e. DC,HDC f. HDC, NGO g. HDC, NGO
h. HDC-Chief Resettlement Officer (CRO), 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
before 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
a. DC, HDC
b. DC, HDC
c. HDC/NGO
d. DC,HDC e. DC,HDC f. HDC/NGO
g. HDC/NGO
18 As almost all the APs losing partial housing/business
structures own additional land beside the acquired part, it is
expected that these households and/or business will remain on their
own area but will rebuild
the structure on their remaining property. However, if the
affected structures need to be relocated and the structure owner
does not have any alternate land to rebuild and/or to re-establish
their business, he/she will be provided with an alternate
residential/resettlement site or, if agreed by the AP, equivalent
valuation (cash money) by the EA. This arrangement will be
finalized through the Resettlement Advisory Committee (RAC) after
the SES confirms the AP’s situation and after consultation with the
AP.
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Sl No
Nature of Loss Definition of Entitled Person (EP)
Entitlements Implementation Issues Implementation
Responsibility
to cover the RV of land.
h. Stamp duty will be due to an EP in case of land purchase
within one year of receiving CCL from DC
i. Compensation for standing crops from DC
h. HDC-CRO/NGO
i. DC,HDC
3 Common land used/owned through traditional bondobosti (lease)
(Agriculture, Commercial, Homestead, Hill, Jhum land, Pond,
Orchard)
Owner/user of Common property leased in from headman through
traditional bondobosty system IP /Bengali migrants came before
1980s
i. Cash Grant as Replacement Value of the
land assessed by PVAT ii. Grants for Compensation for
standing
crops assessed by PVAT iii. Land development cost for
homestead
loser (if applicable) assessed by PVAT
a. Assessment of quantity and quality of land
b. Assessment of RV by LMS
c. Payment of RV d. APs will be fully
informed of the entitlements and procedures regarding
payment
e. Compensation for standing crops from HDC
a. HDC
b. HDC, PVAT
c. HDC/NGO d. HDC/NGO
e. HDC/NGO-CRO
4 Common land used/owned
through traditional bondobosti (lease) by IP but claimed by
Bengali came after 80s through legal paper from the government
(Agriculture, Commercial, Homestead, Hill, Jhum land, Pond,
Orchard)
IP Owner/user of Common property leased in from headman through
traditional bondobosty system
But Bengali settler has legal government lease document of
ownership of land but not in possession Ownership or share of
compensation will be resolved through Alternate Dispute Resolution
(ADR)
i. Cash Grants as Replacement Value of the land assessed by
PVAT
ii. Grants for Compensation for standing crops assessed by
PVAT
iii. Land development cost for homestead loser (if applicable)
assessed by PVAT
a. Assessment of quantity and quality of land
b. Assessment of RV by LMS
c. Payment of RV d. APs will be fully
informed of the entitlements and procedures regarding
payment
e. Compensation for standing crops from HDC
a. HDC
b. HDC, PVAT
c. HDC/NGO d. HDC/NGO
e. HDC/NGO-CRO
5 Bengali came after 80s used/owned land through legal paper
from the government but
Bengali settler owner/user of land through legal
i. Cash Grants as Replacement Value of the land assessed by
PVAT
ii. Grants for Compensation for
a. Assessment of quantity and quality of land
a. HDC
b. HDC, PVAT
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Sl No
Nature of Loss Definition of Entitled Person (EP)
Entitlements Implementation Issues Implementation
Responsibility
IP claimed as owner of common land owned through traditional
bondobosti (lease) (Agriculture, Commercial, Homestead, Hill, Jhum
land, Pond, Orchard)
government lease document
But IP owner of common property by leased in from headman
through traditional bondobosty system but not in possession
Ownership or share of compensation will be resolved through
Alternate Dispute Regulation (ADR)
standing crops assessed by PVAT iii. Land development cost
for
homestead loser (if applicable) assessed by PVAT
b. Assessment of RV by LMS
c. Payment of RV d. APs will be fully
informed of the entitlements and procedures regarding
payment
e. Compensation for standing crops from HDC
c. HDC/NGO d. HDC/NGO
e. HDC/NGO-CRO
6 Loss of Reserve Forest Land (Agriculture, Commercial,
Homestead, Hill, Jhum land, Pond, Orchard)
Forest Department is the legal owner of the land at the time of
serving notice under Section 3 of LA Laws
I. CCL (Market value assessed by DC plus
premium as per Law) and II. Additional grant to cover MARV of
land
III. Compensation for standing crops /trees assessed by
DC/PVAT
IV. 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 LMS
d. Payment of CCL e. APs will be fully informed of
the entitlements and procedures regarding payment
f. Additional cash grant to cover the RV of land will be paid
before or /during vacating the project site (even before receiving
CCL, if necessary)
g. Compensation for standing crops /trees from DC
a. DC, HDC
b. DC, HDC c. HDC/NGO
d. DC,HDC e. HDC/NGO
f. HDC/NGO
g. i. DC,HDC
7 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 (kutcha) and semi-pucca and 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
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 f. APs will be fully
informed
of the entitlements and procedures for getting those
g. Additional grant to cover
a. DC,HDC b. DC,HDC c. NGO/HDC-CRO d. DC e. DC f. NGO, HDC-CRO
g. HDC-CRO/NGO h. HDC-CRO/NGO
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Sl No
Nature of Loss Definition of Entitled Person (EP)
Entitlements Implementation Issues Implementation
Responsibility
vi. Special assistance for Female Headed/Vulnerable
Households/Marginalized IPs @ Tk 2,000, Tk 3,000 and Tk 5,000 for
kutcha, semi-pucca and pucca structure
vii. Land/Homestead Development Grant (LDG/HDG) assessed by PVAT
(if applicable)
viii. Special Assistance of Tk 5,000/ for Vulnerable Households
having disabled member in the family
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/Marginalized
IPs 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
i. HDC-CRO/NGO j. HDC-CRO/NGO k. HDC-CRO/NGO l. HDC-CRO/NGO m.
HDC-CRO/NGO
8 Loss of Access to any Cultivable Land /pond by Farmers,
Tenant/ Sharecroppers including cultivators of common 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 Existing 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. NGO, HDC b. HDC- CRO/NGO c. NGO HDC d. NGO/ HDC
9 Loss of Trees/Perennials on registered land
Persons with ownership of the land (registered) where the trees
are located and crops are grown at the time of taking possession
for the project
i. Market price of the tree as CCL determined by DC with
assistance from other relevant 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
a. Assessment of loss and market value of the loss
b. Payment of Cash Compensation for the losses
c. Additional cash grant to cover the RV of the lost
tree/perennials (if necessary for registered land owner)
a. HDC/NGO-CRO b.HDC/NGO-CRO c. NGO/HDC
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Sl No
Nature of Loss Definition of Entitled Person (EP)
Entitlements Implementation Issues Implementation
Responsibility
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.
d. owner will be allowed to fell and take the tree and fruits,
after payment of compensation
10 Loss of Trees/Perennials on common property
Persons with ownership of the land (common property) where the
trees are located and crops are grown at the time of taking
possession for the project
vi. Grants for Compensation at the MV, based on productivity and
age of trees and value of the fruit assessed by PVAT
vii. Additional 30% of assessed value as compensation for fruit
bearing trees with timber
viii. One time crop of each grown up tree (like banana tree)
ix. Tree losers will be encouraged to plant more trees by
providing 5 saplings free of cost to each affected households.
e. Assessment of loss and market value of the loss
f. Payment of Cash Compensation for the losses
g. Additional cash grant to cover the replacement value of the
lost tree/perennials (if necessary for registered land owner)
h. owner will be allowed to fell and take the tree and fruits,
after payment of compensation
a. HDC/NGO-CRO b.HDC/NGO-CRO c. NGO/HDC
11 Loss of Residence/Commercial Structures by Owner on Common
land
Owner of the structure identified by SES
i. Cash Grant as compensation for the structure at market value
assessed by PVAT
ii. TG @ 12.5% of the value of kutcha and semi-pucca and 5% for
pucca structure assessed by PVAT
iii. Owner will be allowed to take all salvageable materials
(free of cost) without delaying