Natural Gas Access Improvement Project

Resettlement Planning Document

The 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.

Resettlement Plan Document Stage: Draft for Consultation Project Number: 38164 December 2009

BAN: Natural Gas Access Improvement Project

Prepared by House of Consultant Ltd.

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Resettlement Plan

Gas Seepage Control and Appraisal &

Development of Titas Gas Field

July 2009

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Table of Contents

Page

Glossary 4

Executive Summary 5

Chapter 1: Project Background 1.1 Background 10 1.2 Project Description 10 1.3 Project Benefits and Impacts 10 1.4 Measures to Minimize Impact 11 1.5 Resettlement Plan 11

Chapter 2 : Socio- Economic Analysis 13 2.1 Project Location 13 2.2 Socio-Economic Scenario 13 Chapter 3 : Census and Assets Inventory 19 3.1 Resettlement Census 19 3.2 Findings of Resettlement Census 19 3.3 incomes Restoration Support 22 3.4 Impact on Common Property Resources 22 3.5 Project Impact on Poor, IP, Ethnic Minorities and other Vulnerable groups including Women 23 Chapter 4 : Resettlement Policy Framework & Entitlement Matrix 25 4.1 LA Act and GOB National Resettlement and Rehabilitation Policy 25 4.2 ADB's Policy on Involuntary Resettlement 26 4.3 Eligibility Policy and Entitlement Matrix 28 4.4 Valuation of Affected Properties 30 4.5 Disposal of Acquired Properties 30 Chapter 5 : Consultation, Participation and Disclosure 31 5.1 Consultation Process 31 5.2 Consultation Scope and Issues 31 5.3 Feed back from Community Consultation 33 5.4 Disclosure of the Resettlement Plan 34 5.5 Cutoff Date 35 5.6 Plan for Further Consultation and Community Participation 35 Chapter 6 : Institutional Framework and Implementation Schedule 37 6.1 Introduction 37 6.2 BGFCL 37 6.3 Other Agencies Involved in the Process 38 6.4 Grievance Redress Mechanism 40

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6.5 RP Implementation Schedule 41 Chapter 7 : Cost Estimate and Budget 42 7.1 Cost Estimates 42 7.2 Budget 44 Chapter 8 : Monitoring & Evaluation 47 8.1 Need of Monitoring 47 8.2 Monitoring at EA Level 46 8.3 Reporting Requirements 47 Annexes

Annex-1 : Survey Questionnaire (survey tools) 49

Annex 2 : List of APs and Affected Plots 56

Annex 3 : List of Participants in the Consultation Meeting 57

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GLOSSARY

Compensation Payment in cash or in kind for an asset or a resource that is acquired or affected by a project to which the affected people are entitled in order to replace the lost property or income.

District Administrative Unit that are comprised of several Upazilas.

Division Administration area comprising of several districts. There are six divisions in Bangladesh.

Entitlement Range of measures comprising compensation, assistance in income restoration, and resettlement which are due to people affected by project activities, depending on the nature of their losses, to restore their economic and social base.

Host Population Community residing in or near the area to which affected people are to be relocated.

Income Restoration

Reestablishing income sources and livelihood of people affected.

Involuntary Resettlement

Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement.

Mouza Lowest Unit of land administration. The mouza map consists of plots that any individual or group can posses. Under one mouza, there can be more than one village. For land acquisition, the area plan drawn on mouza map needs to be submitted to DC.

Projected Affected Person (or household)

Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees. People (households) affected by project-related changes in use of land and other property/assets/resources.

Rehabilitation Re-establishing incomes livelihoods, living and social systems.

Relocation Rebuilding housing, assets, including productive land, and public infrastructure in another location.

Replacement Rates

Cost of replacing lost assets and incomes including cost of transactions.

Resettlement Plan A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Union Council Consists of several villages and form an administrative unit with a popular representation Chairman and members elected by the population will head the council.

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EXECUTIVE SUMMARY

1. Description of the Project The Government has undertaken the “Gas Seepage Control and Appraisal & Development of Titas Gas Field” project, under financial assistance of ADB. Bangladesh Oil, Gas & Mineral Resources (Petrobangla) is the Executing Ageny (EA) to implement the project through the Bangladesh Gas Fields Company Limited (BGFCL) over a period of 5 years. The Project components mainly comprises (i) Drilling of 4 (four) Appraisal-come-Development Wells (Titas 19, 20, 21 & 22); (ii) Installation of 2 (two) nos. Process Plant; (iii) Gathering 2.93 km Line from wells to Processing Plant; and (iv) Identification of Gas Seepage, Repair and Servicing of Existing Problematic Well(s) at Titas Gas Field. The Project location spreads over the outskirt of Brahmanbaria District town along the west side of the River Titas, covering the areas of two mouzas - Kawtali and Bhadughar. 2. Land Acquisition Impact Physical implementation of the project works will necessitate acquisition of 17.51 acres of land - the majority of which is agricultural, while some of it is being used for agriculture purpose as well. In total 178 households will be affected under the project intervention. Of these total households, 113 will lose 15.47 acres of land under acquisition, 3 will lose residential assets (two HHs will lose boundary walls and one HH will suffer from losing house structure of C I sheet including boundary wall), 4 will lose 175 trees and 58 are under suffering from gas seepage with loss of access to 3.73 acres of land (Table i below).

Table i: Types of Losses experienced by the Affected households (HHs)

Source: Resettlement Census 2009

The analysis of the impact ratio on affected land plots has brought forth that out of the 171 households (incurring impact on land), 37% (65 HH) of these households will incur more than 10% impact on their total land size. Amongst these 171 households, 17% will undergo less than 1% of land loss in proportion to their total land holding hence having limited impact on their income. 35% HHs (59 HHs) will have loss ranging between 1-5 % of their total land holding. In case of the remaining 31 HHs the extent of land loss shall range between 5 to 10% of the total land holding. 3. Measures to Minimize Impact All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent, adequate provisions have been incorporated into the planning and design of the Project to minimize or mitigate any unavoidable impacts.

Type Of Losses Total Number of Affected HHs

Extent of loss in each category

Agriculture Land 113 HHs

15.47 acres

Residential Asset 3 HHs 3 structures Trees 4 HHs

175 trees

Affected by Gas Seepage 58 HHs

3.73 acres

Grand Total 178 HHs -

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4. Objective of the Resettlement Plan The Project will legally acquire the land by compensating owners for loss of land, and of other assets such as trees and structures, under the legislative framework for land acquisition in Bangladesh. The adverse social and resettlement impact will be mitigated in accordance with ADB’s safeguard policies. This Resettlement Plan (RP) has been formulated to assist the affected households (AHs) to restore their livelihoods and socio-economic conditions to their pre-project status. The RP addresses both land acquisition and resettlement issues within the legal framework of the Government of Bangladesh (GOB) and ADB’s policy on Involuntary Resettlement. 5. Stakeholder Participation and Disclosure of RP The RP will be disclosed to the affected community before project appraisal. The provisions of RP will be further explained to APs in group discussion, personal contract and community level meetings. The RP will be summarized in an information booklet in Bangla and disclosed to APs. At the time of physical implementation of the project, consultation will be carried out with the community to resolve any issue that might crop up. The concerns and suggestions of the local people will be integrated into the project implementation through active participation of local people. The process of public participation and consultation will be made through a Public Consultative Committee (PCC) formed with the representation of relevant government agencies, will address any grievance raised by the APs within the framework of the existing law of the country and the policies adopted by BGFCL and the guidelines of ADB. 6. Compensation and Entitlements The Project will legally acquire the required quantum of land by compensating owners for loss of land, and of other assets under the legislative framework for land acquisition in Bangladesh - the Acquisition and Requisition of Immovable Property Ordinance of 1982 (Ordinance II of 1982), and the subsequent amendments to the Ordinance. The affected households (AHs) will be compensated by the Deputy Commissioner (DC) for all acquired assets (in this case the DC of Brahmanbaria). Compensation is based on entitlements including : (i) cash grant to match replacement value of all lost assets, and (ii) other required replacement assistance such as reconstruction cost, allowance for loss of crop (sharecropper and agricultural land owners) etc. Female-headed and other vulnerable households will be eligible for cash assistance at least for restoration of their livelihoods, if not improved. Compensation and entitlements have been identified based on impacts and losses which are presented in Table ii.

Table ii: Compensation and Entitlements Type of loss Entitled Person(s) Entitlements

1. Loss of agricultural, commercial and homestead land

Legal owner(s) of land as determined by the DC, and or determined by the court

▪ Value of land at current market price of equivalent replacement land. The DC office determines the compensation amount based on yearly average of recorded sale value plus 50% additional cash compensation. The land acquired on the alignment of the pipeline will be allowed for cultivation by the APs after construction work of the pipeline is finished, but depending upon admissible environment. ▪ Refund of registration cost incurred for replacement land purchase at the replacement value. ▪ Any difference between the awarded value and the replacement value at the cut-off-date (on the date of issuance of notice under Section 3 of Acquisition Act,

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Type of loss Entitled Person(s) Entitlements

1982) will be paid to APs as a cash grant. ▪ APs will be provided with all possible assistance to identify and purchase replacement land. ▪ APs severely affected by loss of agricultural land (i.e., losing more than 20% of total land holding) will receive a cash grant of Tk. 5000/- per family or Tk. 2000/- per 0.1 hectare of concerned land, whichever is lower. Suitable candidates will also be provided with free training on income employment.

2. Loss of wage income

Persons engaged in wage labor in agriculture or non-agriculture sectors in the affected areas whose means of livelihood have been affected.

▪ One-time cash grant of Tk. 5000/ and ▪ Wage employment with contractors and/or training in income generating activities. If necessary, access to credit facilities will be provided to start self-employment activities. A subsistence allowance will be provided during the training period.

3. Loss of trees Legal owners of land as per item 1. above.

▪ Compensation at the rate estimated by the Forest Department and the Agriculture Extension Department, plus 50% premium for involuntary damage. ▪ In all cases owners will be permitted to fell and retain the trees and fruits after payment of compensation.

4. Loss of standing crops

Compensation for one year’s crop value to crop owner

▪ Advance notice to harvest crops. ▪ Cash compensation equivalent to the market value of one year’s income from the crops.

5. Loss of crop/access to agricultural land due to gas seepage.

Owners /tenants of affected agricultural land

▪ One-time cash grant Tk. 4000/- per decimal of the affected land

6. Loss of residential structure

Legal owners of land as per item 1. above. (Compensation for the loss has already been paid)

▪ For non-shiftable structure, replacement cost of the structure (average market value plus 50% premium). House construction grant or assistance for relocation. Owners to be permitted to retain the salvageable building materials. Additional support for loss of income as discussed in 2.2 ▪ For shiftable structure, house/ structure transfer grants (HTG) which is one-eight of Compensation Under the Law (CUL) or replacement value whichever is higher or a grant payable to all @ Tk. 25.00 per sq.ft. with minimum Tk. 2500/- ▪ The DC calculated the CUL, which includes value of the structure rated against estimated of Public Works Department plus 50% premium, or the replacement value, whichever is higher. The replacement value is calculated as the market value of the affected structure including 50% premium, a cash grant of 15% of the compensation towards dismantling and removal cost, and additional construction grant of Tk. 2.5 sq ft. of the floor area of the building. ▪ Additional support of land purchase grant for landless vulnerable household if any

7. Vulnerable groups

Members of vulnerable groups such as the landless, very poor, female-

▪ One-time cash grant of Tk. 5000/- per family ▪ Provision of a land purchase grant for landless

households.

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headed households or households of the elderly physically impaired or disabled.

8. Unforeseen impact

Concerned impacted households

▪ Determined as per policy on unique ▪ Findings at detailed design stage

7. Cut-off-Date The census for inventory of losses (IOL) conducted for the project in April 2009 is the cut-off-date for establishing eligibility for resettlement assistance. Serving of notice under Section 3 of the land acquisition Ordinance II of 1982 will follow as the cut-off-date for legal owners of property to be acquired. 8. Income Restoration Strategy Vulnerable AHs (including poor and female headed, elderly headed households, the landless, and the poor) as well as AHs losing more than 10% or more of productive assets will be given additional support for livelihood and income restoration. The census has brought forth that 17 vulnerable HH and 65 HH who would lose more than 10% of their productive assets, are eligible for income restoration support. Since the areas to be affected are rural in character, the income restoration programme would look into most feasible programme. This would include allied agriculture activities like fishing, livestock rearing, setting up commercial enterprises etc as well imparting training for skill up gradation on driving, motor mechanics depending on the preference of the AP. An NGO/resettlement consulting organization will be engaged to specifically undertake assessment of needs and skill base of vulnerable APs. 9. Implementation Arrangements & Grievance Redressal BGFCL will be the Executing Agency for the Project, a Project Implementation Unit (PIU) headed by a Project Director, at the head quarters that will be responsible for the overall execution of the Project. The PD will recruit and appoint an experienced Implementing NGO/Social Consulting Firm as required for implementation of resettlement activities. Grievances will be settled with their full representation in GRCs constituted by BGFCL with representatives from the EA, the NGO engaged to assist with RP implementation, local elected representatives and the AP representatives. Grievances will be redressed within a month from the date of lodging the complaints.

10. Cost Estimate and Budget The total cost for implementation of the RP is estimated at Tk. 343,831,550. The estimated budget includes the amount of compensation for the acquired land and other assets including grant for vulnerable groups, cost for reconstruction of some structures, compensation for land affected by gas seepage, and RP implementation.

Table iii: Summary Resettlement Budget

Resettlement cost items Cost in Taka Loss of tree 53,500 Training for Income restoration 49,000 Compensation for Vulnerable 20,000

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Compensation for Structure 1,752,205 Common Resources Property 3,000,000 LA at Kawtali with premium 86,523,342 LA at Bhadugarh with premium 248,187,300Compensation for Seepage Affected Land 151,2,000Crop Compensation for one year 249,203 Compensation for loss of more than 10% agr land 485,000 Fees for NGO service 1,000,000Fees for External Monitoring 1,000,000

Total Cost Tk. 343,831,550 11. Monitoring & Evaluation: Internal monitoring will be carried out at the EA level to oversee the performance of RP implementation. The EA will engage an external monitoring agency for independent monitoring of compliance with RP.

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Chapter 1

Project Background

1.1 Background The existing level of gas production is not capable of meeting the country’s increased demand, placing a higher degree of attention on exploration of natural gas to cope up with present demand and supply situation. In addition the growing demand for energy necessitates the national gas production companies to increase/ sustain their production capabilities. As a step in the process of increasing the present production, the Government of Bangladesh (GoB) has planned drilling of 4 new appraisal-cum-development wells at the south-east part of the existing Titas structure - the largest gas field of Bangladesh. Titas gas field started its commercial production in 1968. In continuous production over time, some of the existing wells at this gas field have developed problems like build up of casing pressure due to leak/parting of the wellhead/production tubing, malfunctioning of sub-surface safety system, restriction of production tubing etc. All these pose risk to uninterrupted gas production from these wells and also to the safety of the wells. One of the consequences of these problems is the issue of gas seepages. The gas seepage problem first came to sight in November, 2006 near Titas Location-C at Titas gas field. Titas well no. 3 was identified as primary source of gas seepage. Petrobangla had taken necessary steps for workover by temporary killing of the well to overcome the gas seepage problems, but little success has been achieved in the same.. In the above context, the GoB has undertaken the “Gas Seepage Control and Appraisal & Development of Titas Gas Field” project, under financial assistance of Asian Development Bank (ADB). Bangladesh Oil, Gas & Mineral Resources (Petrobangla) will implement the project through the Bangladesh Gas Fields Company Limited (BGFCL) over a period of 5 years. 1.2 Project Description Implementation of the project comprises the following major components :

* Drilling of 4 (four) Appraisal-come-Development Wells (Titas 19, 20, 21 & 22); * Installation of 2 (two) nos. Process Plant; * Gathering 2.93 km Line from wells to Processing Plant; and * Identification of Gas Seepage, Repair and Servicing of Existing Problematic Well(s)

at Titas Gas Field. 1.3 Project Benefits and Impacts Each of the 4 newly drilled wells are expected to produce 30 MMscfd gas, which will facilitate a total flow of additional approximately 120 MMscfd natural gas supply to the national grid. Gas from the wells will be used for producing mainly electricity which in turn will drive industries contributing to national GDP. Implementation of the project will develop socio-economic environment of the area including poverty alleviation by creating opportunities through industrial development. Besides, many unskilled local people can be employed

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temporarily during project implementation period. This will lead to the enhancement of skill of the personnel engaged in physical execution of the project which in turn would help execution of similar projects in future. In parallel with this, the project will help solving the vexing problem of gas seepage, which is a serious concern of safety and environment. Implementation of project physical works will cause adverse involuntary resettlement impacts entailing acquisition of land, other assets and displacement. The census undertaken brought forth that the proposed project requires acquisition of about 17.51 acres of land - the majority of which comprises of agricultural land, followed by some homestead and commercial assets. A total of 178 households constituting of 1,120 persons would be affected as a result of the Project. Out of these 178 households, 58 households are likely to be affected due to gas seepage. A total of 175 trees would also be affected as a result of the Project. In addition, an estimated 2.4 acres of land will be needed for laying the gas pipeline. Among those affected, a significant number are already suffering from the gas seepage problem. This seepage around some of the existing wells at Titas gas field has developed over time. 1.4 Measures to Minimize Impact Land requirement is a must for drilling of wells and installation of process plants. For the purpose of minimizing the impact on affected people (APs), BGCL has put special attention in planning process to ensure minimum displacement or resettlement of people during the development of gas well drilling site and construction of gathering line and installation of process plants. BGFCL considered various options to decide on the most economical and effective alternative to stay within minimum disturbance and avoid homestead resettlement. The organization shared its knowledge and experience with local communities for minimizing impact. Following measures have been adopted in order to minimize the ensuing Project impact: ▪ Avoid religious structures and educational institution in determining the alignment. ▪ As far as practicable, the alignment has avoided houses (permanent or temporary).

In particular, special care was taken to avoid any human settlement clusters. ▪ At all road crossing, prescribed clearance requirements will be strictly adhered to. ▪ In road and canal crossing Horizontal Direction Drilling method will be followed. This

will neither interrupt the traffic on the road and canal nor damage the road. ▪ The proposed alignments will be submitted to the Roads & Highway Department and

the Railway Department and Brahmanbaria Municipal Authority. 1.5. Objectives of the Resettlement Plan (RP) The Project will legally acquire the land by compensating owners for loss of land, and of other assets such as trees and structures, under the legislative framework for land acquisition in Bangladesh. The adverse social and resettlement impact will be mitigated in accordance with ADB’s safeguard policies. This Resettlement Plan (RP) has been formulated to assist the affected households (AHs) to restore their livelihoods and socio-economic conditions to their pre-project status. The RP addresses both land acquisition and resettlement issues within the legal framework of the Government of Bangladesh (GOB) and ADB’s policy on Involuntary Resettlement.

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The objectives of this RP is to mitigate all unavoidable impacts caused due to construction of gas transmission line and to provide guideline on proper compensation and assistance as per the norms of ADB. The Plan has been prepared on the basis of survey findings of census and consultation with various stakeholders as well as in compliance with ADB’s policy on Involuntary Resettlement (1995). More particularly, the Plan aims to make sure that : ▪ Affected persons/squatters1 get compensation for their loss. ▪ Relocation and resettlement needs are identified and relevant facilities and services

are provided. ▪ Assistance is provided so that at least same level of well being is achieved with the

project as without it. A summary of this Resettlement Action Plan (RAP) will be translated into Bangla and will be made available to the affected people by BGFCL for review and comments on the policy and mitigation measures by means of project-level Disclosure workshops prior to loan negotiation. (a sample in English version is enclosed in Annex-5A) Copies of summary RAP will also be made available at the local level public offices to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RAP will also be disclosed on the ADB Website and BGFCL website. Compensation and other assistances will have to be paid to APs prior to displacement or dispossession of assets or 6 months prior to commencement of construction activities whichever comes first.

1 Informal settlers/squatters are households/shops erecting structures on other’s private land or government land.

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Chapter 2

Socio Economic Analysis

2.1 Project location The Project is located on the outskirts of Brahmanbaria District town along the west part of the Titas River (see Figure 1). The location of the proposed gas wells is on the bank of the River Titas which covers a land area of about 6.5 acre under the Kawtali Mouza and covers 11.01 acres of land for processing plants in Bhadughar Mouza under Brahmanbaria Sadar Upazila, and traversing 2.93 km from Kawtali Mouza to Bhadughar mouza. Table 2.i summarizes the scope of work under the project.

Table 2.i: Project Scope & Location

Project Components Mouza Upazila /District Division Development of 4 production wells Kawtali Brahmanbaria Chittagong Laying of gas gathering line

Kawtali- Bhadughar

Brahmanbaria Chittagong

Installation of two process plants (including access road)

Bhadughar Brahmanbaria Chittagong

Identification of gas seepage, repair and servicing of existing problematic Well(s) at Titas Gas Field.

Shuhilpur &

Ghatura

Brahmanbaria Chittagang

2.3 Socio-Economic Scenario 2.2.1 Socio-economic Survey (SES) This section covers some selected but relevant socio-economic aspects of the project area relating to farm and non-farm households, tenancy, landless and agriculture labor holding and the tenure system. This section also highlights the agriculture pattern/practices in the project affected area. The socio-economic scenario is derived from analysis of data collected from a sample socio-economic survey (SES) carried out across the project area. A sample of 20% is generally suggested for RAP projects. Here the number of affected house is small and in order to have a good coverage a sample of 40% of the affected persons were taken as the sample. The samples were randomly selected from the list of the APs derived from the census. In all 53 households were covered by the socio-economic survey.

The SES was conducted in the sample affected households using a household questionnaire. The activities of SES were carried out :

Processing Plant AreaGas Well Area

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To obtain demographic and other data information about pre-project incomes,

productive activities, likely impacts of land acquisition on economy of the APs and the community, land ownership and tenural arrangements, land-use patterns, occupations, income and economic interdependency among the APs, and women's economic activities and income; and

To establish a baseline for subsequent monitoring and evaluation of the

implementation of the RP and its impacts. The findings obtained from SES are described in the following sections. The project area in kawtali is mostly along the bank of the river, not much used for agriculture. The land to be used for pipeline and the process plant with access road is now used for agriculture. But the area meanwhile is earmarked for development as residential area and is noted as Bhadughar Upashahar. The land owners have land in other area also. Table 2.ii presents a summary of the land holding type of the land owners or those who have interest in the land. Only 22.6% have land below 50 decimal against the national figure of around 50%. The area is surely economically better off than the other parts of the country.

Table 2.ii: Distribution of Land ownership of the Affected Persons

Mouza Agricultural land Holding in percentage Virtually landless

(%) (0.05-0.49 Acre)

Marginal (0.50 – 1.49)

acre

Small (1,5- 2.49) acre

Medium (2.5 – 5.49)

acre

Large 5.5+ acre

Kawtali and Bhadugarh

22.6 52.8 15.1 5.7 3.8

Source: SES 2009 Table 2.iii shows the Operation pattern of the households of the project area. A little more than half of the farmers cultivate their own land. The other owners excepting one or two operate the land themselves by engaging piecemeal labours on contract and no labour is engaged on wage terms.

Table 2.iii: Owner, Tenant, Labor Holdings and others Household

Owner Holdings Others Total Mouza No. % No. % No. %

Bhadughar 15 93.8 32 86.5 47 88.7

Kawtali 1 6.3 5 13.5 6 11.3

Total 16 100 37 100 53 100 Source: SES 2009 Tenant farmers are also going to be affected although the numbers are very small. Here only 7 tenant works, engaged on 50% sharing, will be affected. The tenant farmers will receive compensation for their lost crops and will be provided with rehabilitation assistance to restore their income-earning capacity. There are three types of tenancy system in Bangladesh: (i) 50% crop will be shared by the tenant if the tenant provides 50% of the total inputs in

the land;

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(ii) 33% of the crops will be shared by the tenant if the land owner provides the input; and (iii) on a contract basis - the tenant provides a certain amount of money to the land

owner for utilizing or cultivating the land and enjoys the total return. Tenancy is done sometimes on a seasonal or yearly basis.

2.2.2 Record of Affected Population In all 120 households have land or interest in land in the proposed area of acquisition. The SES yielded that total population of the 53 sample households have a population of 335. The household size is 6.32, which is significantly higher than the national average 4.8. In the proposed LA area there are a number of households which have joint family characteristics. Many households have more than 10 members combining mother, father, sisters and brothers. Economic and Social Conditions of Affected People

A. Occupation Occupation indicates sources of income from work as well as social status. Business and farming (30.2% each) are the main occupation of the heads of households. There are 9.4 % expatriates. Service has been appeared to be the most important occupation for the head of households. The total situation is summarized in Table 2.iv.

Table 2.iv : Occupation of head of the households Head of Households

Occupation No of Persons Percent Business 16 30.2 Service 5 9.4 Farmer 16 30.2 Disable/Old 3 5.7 Retired 4 7.5 Emigrant 5 9.4 House wife 3 5.7 Student 1 1.9 Total 53 100

Source: SES 2009 Considering all active age members, including head of households of the APs, farming is the occupation of more than one fourth, business one fifth, employment outside country make more than one sixth and service about one ninth of the population. The situation is presented in Table 2.v. Married women are engaged in normal household activities. In estimating the occupation the normal household activities have not been treated as an occupation. Besides, children below 15 years have also been excluded from the analysis of occupation.

Table 2.v: Occupation of Active age Population

Occupation Number of active

age person Percent

Business 19 20.0 Service 11 11.6 Labour 1 1.1 Ricksha Puller 1 1.1

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Tailoring 1 1.1 Unemployed 8 8.4 Farmer 26 27.4 Disable/Old 7 7.4 Retired 4 4.2 Emigrant 17 17.9 Total 95 100

Source: SES 2009 Households with Physically Retarded/Crippled Persons The physically disabled or old people are 7.4 percent. Old however does not mean disabled. There are 4 physically disabled persons among the AP households.

B. Literacy The literacy rate of the head of household is 81.1 percent and that of the total population excluding children below 5 years of age 85.1 percent. The situations of the two groups are shown in the Table 2.vi below.

Table 2.vi: Literacy rate

Sl no Education level All education age members (%)

Heads of household (%)

1 Primary 29.9 15.1 2 Secondary 27.0 22.6 3 SSC 13.9 18.9 4 HSC 8.0 13.2 5 Degree 3.5 1.9 6 Masters 2.8 9.4

Total 85.1 81.1 Source: SES 2009 Note : In all member analysis school children are included for which the primary level is higher but the higher degree is lower in percentage.

C. Female Headed Households The land ownership of the female households demonstrates that the women have significant land of their own and they will loss only a small fraction of their land. It appears that they are not in the vulnerable group. The project would impact 4 female headed households of which 3 would undergo land acquisition while 1 FHH would be affected as a result of gas seepage. The female headed households in the acquisition area are shown in the Table 2.vii.

Table 2.vii: Land ownership Characteristics of Female Headed Households

Number of households Total land

ownership (dec) Land lost (dec) Percentage

3 601 55.5 9.2 Source: SES 2009

D. Residential Characteristics

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The SES finding shows that almost all land owners live in houses built on their homestead land, only 8.2 percent of the population lives in rented house. However, 25 percent of them have own homestead land. The remaining has land on average 46 decimal (see Table 2.viii).

Table 2.viii: Residential Status of the AP households

S.No Occupation Have house

on own land Live in rented

house Percentage

1 Business 14 2 14.3 2 Service 3 1 33.7 3 Farming 16 4 Old /disabled 3 5 Retired 4 6 Emigrant 4 1 25 7 Student 1 8 Housewife 4 1 25

Total 49 4 8.2 Source: SES 2009

E. Health Condition Common cold is the main disease the APs (64.6%) suffer from. Diarrhea is the next scourge accounting for 31.5% of diseases. Other diseases accounted for a nominal 3%. The situation is presented in Table 2.xi.

Table 2.xi: Health status of the AP Households

Male Female Total Diseases No. % No. % No. %

Dysentery 1 1.1 1 0.6Diarrhea 32 34.0 25 28.7 57 31.5Cold 60 63.8 57 65.5 117 64.6Tuberculosis 1 1.1 1 0.6Others 2 2.1 3 3.4 5 2.8

Total 94 100 87 100 181 100 Source: SES 2009

F. Household Income There are two households which have low income at such a level that may be treated as vulnerable. They have no income source other than agriculture.

Table 2.x: Distribution of Households by Income with Remittance

Income Range No. % Avg. Total Exp.

<= 40000 2 3.8 15400 30800 60001 – 80000 4 7.5 70000 280000 80001 – 100000 6 11.3 93000 558000 100001 – 140000 20 37.7 123410 2468200 140001 – 200000 13 24.5 164451 2137861 > = 200001 8 15.1 380138 3041100

Total 53 100 160679 8515961 Source: SES 2009

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G. Household Expenditure

The expenditure level of different households by income level show that the low income households are to depend on charity. Table 2.xi shows the household expenditure level.

Table 2.xi: Distribution of Households by their Annual Consumption and Investment Exp. (only those who gets remittance)

Income Range Avg. in

Food Exp.

Avg. in Non-Food

Exp. Avg. in

Investment

Avg. in Total Exp. Total Exp.

<= 40000 55744 18400.0 5000 79144 79144 60001 – 80000 59254 19600.0 8500 87354 174708 100001 – 140000 56742 23860.0 26875 102102 510512 140001 – 200000 68931 60948.0 32200 162079 810396 > = 200001 90090 33225.0 28500 151815 607260

Total 68411 36149.4 25281 128354 2182020 Source: SES 2009

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Chapter 3 Census and Assets Inventory

3.1 Resettlement Census

To make an inventory of loss of all the affected households be way of the project, a resettlement census was undertaken in April 2009 by the Consultant and his trained team. The resettlement census is a comprehensive survey that covered 100% households getting affected by the Project, irrespective of their entitlement or ownership status. The objective of the census was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A questionnaire was prepared to collect detailed information on the socio-economic status of the affected persons and households. In addition, video filming of the likely affected area of the project was carried out to capture the existing situation of the then time of the survey period to restrict policy abuse and influx of outsiders into the project right of way. The census questionnaire is attached as Annex I and the list of affected persons and loss of assets is attached in Annex II. The data gathered during the Inventory of Loss (IOL) has been entered onto an electronic database which identified each affected household (AH) and the way they are impacted and losses they will incur. The objective of the IOL was to establish a detailed inventory of the households and of physical assets likely to be affected by the project; develop a socioeconomic profile of the AHs and affected persons (APs) therein, through the participatory IOL and consultation meetings and obtain the views of AHs on likely benefits and adverse effects of the project as well as their views on what measures need to be included in the project to ensure mitigation of all adverse effects on them. The IOL also serves as a benchmark for monitoring and evaluation. 3.2. Findings of Resettlement Census The census has enumerated that a total of 120 legal HHs will be affected. Also, 58 households are likely to be affected due to gas seepage. 3.2.1. Types of Project Impacts The census has brought forth that a total of 178 households will be affected under the project intervention. The Project will necessitate acquisition of 19.20 acres of land - the majority of which is agricultural, while some of it is being used for agriculture purpose as well. Of these total affected households (178), 113 will lose 15.47 acres of land under acquisition, 3 will lose residential assets (two HHs will lose boundary walls and one HH will suffer from losing house structure of C I sheet including boundary wall), 4 will lose 175 trees and 58 are under suffering from gas seepage with loss of access to 3.73 acres of land (See Table 3.i below). The detailed list of affected households is enclosed as Annex II.

Table 3.i: Types of Losses experienced by the Affected households (HHs)

Type Of Losses Total Number of Affected

HHs Extent of loss in each

category Agriculture Land 113 HHs

15.47 acres

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Source: Resettlement Census 2009

3.2.2. Impact on Agricultural Land Land will be permanently acquired for drilling of gas well, laying of gathering line and installation of processing plant with access road. The census and interactions with the affected households brought forth that a total of 19.20 acres of agriculture land belonging to a total of 171 households would be affected as a result of the Project. Out of the 19.20 acres, 15.47 acres would be acquired directly through the Project construction, whereas 3.73 acres comprises of the land affected by gas seepage. While the land for gathering line acquired will remain a property of the BGFCL, the same shall be allowed to be used for productive purpose by the local population groups and/or affected households, provided no harm is done to the underground line. The analysis brought forth that all the affected land (19.20 acres) comprised of irrigated land which is used for cultivation. A. Extent of Loss of Agricultural Land The analysis of the impact ratio on affected land plots brought forth that out of the 171 households (incurring impact on land), 37% (65 HH) of these households will incur more than 10% impact on their total land size. Amongst these 171 households, 17% will undergo less than 1% of land loss in proportion to their total land holding hence having limited impact on their income 35% HHs (59 HHs) will have loss ranging between 1-5 % of their total land holding. (See Table 3.ii) In case of the remaining 31 HHs the extent of land loss shall range between 5 to 10% of the total land holding.

Table 3.ii: Extent of loss of agricultural land %age of loss of Agriculture land vis-à-vis the total land holding of an affected household

No. of Affected HHs

Less than 1% 17 (10%) 01- 05% 59 (35%) 05 - 07% 12 (7%) 07 - 10% 19 (11%) More than 10% 65 (37%)

Grand Total 171 (100%) Source: Resettlement Census 2009

B. Ownership Pattern All the affected 171 households incurring impact on their agriculture land comprise of titleholders and hold legal titles to the affected land.

Residential Asset 3 HHs 3 structures Trees 4 HHs

175 trees

Affected by Gas Seepage 58 HHs

3.73 acres

Grand Total 178 HHs -

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3.2.3. Impact on Residential Structure Apart from impact on agriculture land, which forms the major chunk of the Project impacts, a total of three households will incur impact on their residential structures as a result of the Project construction. A. Ownership Pattern

The census undertaken in the Project area also gathered information regarding the ownership patterns, i.e. the legality of project affected assets. The census brought forth that the three affected residential structures belong to legal titleholders. B. Construction Type of the Affected structure The census and the field study brought forth that of the 3 affected residential assets, 2 comprise of pucca structures whereas 1 structure comprises of semi-pucca structure made of C.I sheet (Table 3.iii).

Table 3.iii: Construction Type of Affected Structures

Construction Type Grand Total

Kutcha Nil Pucca Wall 2 Semi Pucca Nil C.I. Sheet 1

Grand Total 3 Source: Resettlement Census 2009

C. Portion of Residential Asset getting affected The survey data revealed that in case of only 1 out of the 3 affected residential structures, the main structure will be affected, whereas in case of the remaining 2 structures the impact will be on the boundary wall. The 1 structure undergoing impact on the main structure will be severely impacted thereby making the structure non-livable. All the three households incurring impact on their structure have received full compensation from the DC of Brahmanbaria. D. Relocation & Rehabilitation Measures During the census, discussion was undertaken with the affected households totally losing its residential structure, regarding their opinion on relocation options and choices. It was interesting to note that of this households opted in favour of self-relocation with project assistance in the form of compensation and shifting allowance. Accordingly the same has been included in the entitlement matrix. E. Impact on Tenants

No tenants were found to be residing in any of the three affected residential structures and hence would not incur any impacts.

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3.2.4. Impact on Trees A total of 175 trees would also be affected as a result of the Project in the gas well as well as pipeline area. Table 3.iv below enumerates the type and category of these affected trees.

Table 3.iv: Classification of Affected Tress

Number of Trees by size Mouza Name of tree Big Small Sapling

Raintree 98 Kawtali Kadam 2 ,,

SubTotal 0 100 0 Mehgony 20 20 Bhadugarh Acasia 20 15 ,,

Sub total 0 40 35

TOTAL - 140 small trees 35 saplings - Source: Resettlement Census 2009 The affected standing trees are located on affected private and public lands. In the case of privately owned land, the affected family will be the entitlement beneficiary for the compensation for trees, whereas in cases wherein the affected trees are located on public land, the concerned Government agency or the socially recognized owners will be entitled to receive the compensation. In all cases the beneficiary will be entitled to cash compensation equivalent to one year's income for crops at the current market price. However, compensation for the affected trees in Kawtali mouza have already been paid as per prevailing rate.

3.3. Income Restoration Support

Vulnerable AHs (including poor and female headed, elderly headed households, the landless, and the poor) as well as AHs losing more than 10% or more of productive assets will be given additional support for livelihood and income restoration. The census has brought forth that 17 vulnerable HH and 65 HH who would lose more than 10% of their productive assets, are eligible for income restoration support. Since the areas to be affected are rural in character, the income restoration programme would look into most feasible programme. This would include allied agriculture activities like fishing, livestock rearing, and setting up commercial enterprises. Further eligible persons of the AHH would be imparted skill up gradation on driving, motor mechanics, depending on the preference of the AP. An NGO/resettlement consulting organization will be engaged to specifically undertake assessment of needs and skill base of vulnerable APs 3.4. Impact on Common Property Resources (CPRs) The census confirms that no religious worship places, educational institutions, old monuments, or relics will be affected as a result of the acquisition. However, the existing narrow road stretching to the gas well site would require widening, necessitating the re-construction of an existing graveyard and a shamshaan (cremation area). Discussions were undertaken with Mayor and the affected communities in this regard. The Mayor has agreed to allow the widening of road on the condition that the boundary wall of the existing graveyard and shamshaan would be reconstructed with proper beautification, after widening of the existing road. BGFCL has agreed to undertake this reconstruction work.

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Necessary financial provisions have been included in the budget/costing for implementation of RP. 3.5. Project Impact on Poor , Indigenous People, ethnic Minorities and other

vulnerable groups including women 3.5.1. Socially Vulnerable Groups Certain groups of population by virtue of their socio-economic realities are considered socially vulnerable and thus in need of special consideration so that they can benefit from the road development project. These groups include: (a) Those who are below the poverty line (BPL); (b) Those who belong to tribal groups (c) Female-headed households (FHH); (d) Elderly and (e) Disabled persons Of the above groups, except for indigenous peoples and ethnic minorities, all the other above enumerated vulnerable groups were identified in the project area during the course of the census amongst the 178 households. The census identified a total of 17 households as vulnerable households. Of the 17 vulnerable households, an equal proportion (6 HHs each) of households comprised of BPL HHs and elderly HHs. In addition, as enumerated in Table 3.v below, 4 FHH and 1 Disabled HH would also be affected as a result of the Project.

Table 3.v: Vulnerability Status of Affected Households

Type of Vulnerability No. of Affected Households

(HHs)

Below Poverty Line (BPL) 6 Disabled 1 Elderly 6 Female Headed Households (FHH) 4 Scheduled Tribes (STs) Nil

Grand Total 17 Vulnerable Affected HHs Source: Resettlement Census, 2009 Taking into account the socio-economic vulnerabilities of the affected households, specific provisions will need to be incorporated in the RAP to ensure that they are not marginalized in the process of development. 3.5.2. Gender impacts of the Project Gender analysis was undertaken during the course of the resettlement census to look into the current status and needs of the women in the study area and the potential impact of the Project. The Consultant team also interacted with FHH and other women to take their views and perceptions on the Project impacts. The interaction and the resettlement survey did not bring forth any adverse gender impacts. The Project is anticipated to have direct adverse impacts on a total of 4 FHHs. All these 4 female headed households (FHH) comprise of housewives whose husbands are residing abroad with gainful occupations. These four households shall incur impact on their

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agriculture land. Of these 4 FHH, 3 will undergo land acquisition while 1 FHH is affected as a result of gas seepage. However, looking into their economic condition, they will now become vulnerable or impoverished as a result of that.

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Chapter 4

Resettlement Policy Framework & Entitlement Matrix

4.1 LA Act and GOB Draft National R&R Policy The legislative framework for land acquisition in Bangladesh is the Acquisition and Requisition of Immovable Property Ordinance of 1982 (Ordinance II of 1982), and the subsequent amendments to the Ordinance. Under this Ordinance, the Government can acquire any land, building, crop, trees and other properties on the land for any public purpose or in the public interest. The philosophy underlying the Ordinance is that persons whose properties are compulsorily acquired should be compensated at market/replacement price of land and property. Subsequent amendment in 1993 to the Ordinance increased the amount of compensation from 25% to 50% on the assessed value of the property to match its replacement value. Another significant amendment to the Ordinance was made in 1994 which provides for payment of compensation to share-croppers for loss of income. The Ordinance, however, only recognizes the titled owner(s) of the property but the non-titled users (for example, renters and illegal occupants/squatters) are not eligible to any compensation. The Deputy Commissioner (DC) processes land acquisition under the Ordinance and pays compensation to the legal owners of the acquired land. The Ministry of Lands (MOL) is authorized to deal with land acquisition through the DCs. Khas (government owned land) lands should be acquired first when a project acquires both khas and private land. If a project acquires only khas, the land will be transferred through an inter-ministerial meeting following the preparation of acquisition proposal submitted to DC/MOL. The landowner has to establish ownership by producing a record-of-rights in order to be eligible for compensation under the law. The record of rights prepared under Section 143 or 144 of the State Acquisition and Tenancy Act 1950 (revised 1994) are not always updated and as a result legal land owners have faced difficulties trying to “prove” ownership. The APs must also produce rent receipt or receipt of land development tax, but this does not assist in some situations as a person is exempted from payment of rent if the area of land is less than 25 bighas (3.37 ha). The Government of Bangladesh has prepared a draft national policy on involuntary resettlement, which is consistent with the general policy of the Government that the rights of those displaced by development projects shall be fully respected, and persons being displaced shall be treated with dignity and assisted in such a way that safeguards their welfare and livelihoods irrespective of title, gender, and ethnicity. The Policy on involuntary resettlement recognizes that:

(i) All those displaced involuntarily by either projects or non-project impacts like erosion and eviction must be resettled and rehabilitated in a productive and sustainable manner.

(ii) People who are resettled must be able, through their own efforts and/or with support as may be required, to restore or improve upon their level of living.

(iii) Cash compensation shall be paid in development projects at replacement value to those displaced for land and other assets acquired based on established prior ownership and/or user rights. In addition to cash compensation and resettlement, a benefit sharing will be considered where feasible.

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(iv) Cultural and customary rights of people affected by projects are to be protected, particularly those belonging to adivasis (indigenous people) and ethnic minorities.

(v) Gender equality and equity in all stages and processes of resettlement and rehabilitation will be fully respected.

(vi) Affected persons will be informed and consulted in a transparent manner, including formal disclosure of project impacts and mitigation measures.

(vii) Vulnerable groups, including landless, adivasis, poor women headed households, physically challenged people, elderly and those falling below the nationally defined poverty line (by the government) displaced by project or non-project impacts, are entitled to additional benefits and assistance in a manner that addresses their specific needs related to socio-economic vulnerability.

(viii) Similarly, affected persons and/or businesses on government/leased in land will be eligible for compensation for loss of access to land and sites.

The Draft Policy was submitted to the Government in November 2007. It has been approved by the Ministry of Land on 1 January 2008 and placed before the Cabinet later in February, 2008. After Cabinet approval, the Government will undertake further work towards legislative changes to safeguard resettlement rights by law. 4.2 ADB Policy on Involuntary Resettlement

The Asian Development Bank’s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary Resettlement (2006) recognize and address the R&R impacts of all the affected persons irrespective of their titles and requires for the preparation of RP in every instance where involuntary resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the subproject. ADB policy guidelines are summarized below:

Involuntary resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project;

Where IR is unavoidable, AP should be assisted to re-establish themselves and improve their quality of life;

Gender equality and equity should be ensured and adhered to;

AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with AP, including disclosure of RP and project related information;

Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land, cash-for-land compensation should be an option available each AP;

Compensation for loss of land, structures, other assets and income should be

based on full replacement cost and should be paid promptly. This should include transaction costs;

All compensation payments and related activities should be completed prior to the

commencement of civil works;

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RP should be planned and implemented with full participation of local authorities;

In the event of necessary relocation, APs should be assisted to integrate into host

communities; Common property resources and community/public services should be provided to

AP; Resettlement should be planned as a development activity for the AP; AP who do not have documented title to land should receive fair and just

treatment; Vulnerable groups (households below the recognised poverty line; disabled,

elderly persons or female headed households) should be identified and given appropriate assistance to substantially improve their living standards.

4.2.1 Compatibility of GOB Provision and Asian Development Bank (ADB) Policy A detailed review of the GoB Provisions and the ADB Policy on IR was undertaken wherein the two were compared. Following the various National land laws on land acquisition & requisition, the Draft National R&R Policy - 2007, and, incorporating ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the Project will include the following elements:

i. The land acquisition and resettlement impacts on persons affected by the projects would be avoided or minimized as much as possible through alternate design options;

ii. Where the negative impacts are unavoidable, the persons affected by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living.

iii. Information related to the preparation and implementation of resettlement action plan will be disclosed to all stakeholders and people’s participation will be ensured in planning and implementation. The resettlement action plan will be disclosed to the APs in local language;

iv. Land acquisition for the project would be done as per the Acquisition and Requisition of Immovable Property Ordinance 1982 and subsequent amendments during 1993-1994. Additional support would be extended for meeting the replacement value of the property.

v. The affected persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document.

vi. Before taking possession of the acquired lands and properties, compensation and Resettlement & Rehabilitation (R&R) assistance will be paid in accordance with the provisions described in this document;

vii. An entitlement matrix for different categories of people affected by the project has been prepared. People moving in the project area after the cut-off date will not be entitled to any assistance.

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viii. Appropriate grievance redress mechanism will be established to ensure speedy resolution of disputes.

ix. All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups.

x. Consultations with the APs will continue during the implementation of resettlement and rehabilitation works.

xi. There should be a clause in the contract agreement that the construction contractor will compensate any loss or damage in connection with collection and transportation of borrow-materials.

4.3 Eligibility Policy and Entitlement Matrix 4.3.1 Eligibility Criteria

All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts.2 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 with amendments) is considered for those identified on the project right of way land proposed for acquisition at the time of service of notice under Section 3 or joint verification by DC whichever is earlier. The cut-off date of eligibility for resettlement assistance under this RP is the commencement date of the census which is the 14th June 2009. The absence of legal title will not bar for APs from compensation and assistance. 4.3.2 Compensation and Entitlement Policy An Entitlement Matrix has been prepared on the basis of census and socioeconomic survey conducted in June 2009. It identifies the categories of impact based on the census and shows the entitlements for each type of loss. The matrix describes the units of entitlements for compensating the lost assets, and various resettlement benefits. Cash Compensation under law (CCL) for lost assets (land, tree, structure & other physical establishments) will be accorded to the owners through the DCs as per market value assessed through legal procedure. The resettlement benefit for indirect losses and difference between replacement value and the CCL will be paid by BGFCL directly to the APs. The entitlement matrix detailing the entitlements for the different losses is presented in Table 4.i below.

Table 4.i: Entitlement Matrix


1. Loss of agricultural, commercial and homestead land

Legal owner(s) of land as determined by the DC, and or determined by the court

▪ Value of land at current market price of equivalent replacement land. The DC office determines the compensation amount based on yearly average of recorded sale value plus 50% additional cash compensation. The land acquired on the alignment of the pipeline will be allowed for cultivation by the APs after construction work of the pipeline is finished, but depending upon admissible environment. ▪ Refund of registration cost incurred for replacement

2 The severity of impacts is based on the difference between temporary and permanent effects and minor and significant impacts as defined in ADB’s Policy.

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land purchase at the replacement value. ▪ Any difference between the awarded value and the replacement value at the cut-off-date (on the date of issuance of notice under Section 3 of Acquisition Act, 1982) will be paid to APs as a cash grant. ▪ APs will be provided with all possible assistance to identify and purchase replacement land. ▪ APs severely affected by loss of agricultural land (i.e., losing more than 20% of total land holding) will receive a cash grant of Tk. 5000/- per family or Tk. 2000/- per 0.1 hectare of concerned land, whichever is lower. Suitable candidates will also be provided with free training on income employment.

2. Loss of wage income

Persons engaged in wage labor in agriculture or non-agriculture sectors in the affected areas whose means of livelihood have been affected.

▪ One-time cash grant of Tk. 5000/ and ▪ Wage employment with contractors and/or training in income generating activities. If necessary, access to credit facilities will be provided to start self-employment activities. A subsistence allowance will be provided during the training period.

3. Loss of trees Legal owners of land as per item 1. above.

▪ Compensation at the rate estimated by the Forest Department and the Agriculture Extension Department, plus 50% premium for involuntary damage. ▪ In all cases owners will be permitted to fell and retain the trees and fruits after payment of compensation.

4. Loss of standing crops

Compensation for one year’s crop value to crop owner

▪ Advance notice to harvest crops. ▪ Cash compensation equivalent to the market value of one year’s income from the crops.

5. Loss of crop/access to agricultural land due to gas seepage.

Owners /tenants of affected agricultural land

▪ One-time cash grant Tk. 4000/- per decimal of the affected land

6. Loss of residential structure

Legal owners of land as per item 1. above. (Compensation for the loss has already been paid)

▪ For non-shiftable structure, replacement cost of the structure (average market value plus 50% premium). House construction grant or assistance for relocation. Owners to be permitted to retain the salvageable building materials. Additional support for loss of income as discussed in 2.2 ▪ For shiftable structure, house/ structure transfer grants (HTG) which is one-eight of Compensation Under the Law (CUL) or replacement value whichever is higher or a grant payable to all @ Tk. 25.00 per sq.ft. with minimum Tk. 2500/- ▪ The DC calculated the CUL, which includes value of the structure rated against estimated of Public Works Department plus 50% premium, or the replacement value, whichever is higher. The replacement value is calculated as the market value of the affected structure including 50% premium, a cash grant of 15% of the compensation towards dismantling and removal cost, and additional construction grant of Tk. 2.5 sq ft. of the floor area of the building. ▪ Additional support of land purchase grant for landless vulnerable household if any

7. Vulnerable Members of ▪ One-time cash grant of Tk. 5000/- per family

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groups vulnerable groups such as the landless, very poor, female-headed households or households of the elderly physically impaired or disabled.

▪ Provision of a land purchase grant for landless households.

8. Unforeseen impact

Concerned impacted households

▪ Determined as per policy on unique ▪ Findings at detailed design stage

4.4. Valuation of Affected Properties

The District Land Acquisition office takes help of relevant departments for determination of prices of land and other properties. Normally, the Public Works Department, the Forest Department, Sub-Registrar's Office, etc. are consulted. Land price from the Sub-Registrar's Offices for preceding one year from the date of serving notice under Section 3 is considered for valuation of land. But in most cases, the price remains far below the market rate. To ensure that the APs can replace the lost property, the transacted price, recorded price, existing price and expected prices are averaged to reach at Replacement Value (RV). For valuation of affected property, a legal body called Property Valuation Advisory Team (PVAT), with representatives from acquiring body, requiring body, and Implementing NGO will be formed by Ministry of Power, Energy and Mineral Resources (MOPEMR). PVAT will have representatives from the BGFCL as the Convener, representative from the implementing NGO as the member secretary and representatives from the DC as member. A land and property valuation survey by the implementing NGO based on the price recorded from formal and informal sources will determine the Replacement Value (RV) of land and structure and be recommended by PVAT to MOPEMR. BGFCL will pay the difference between RV and Cash Compensation under Law (CCL). Land purchase can't be a bar in paying the difference. Stamp duty and land registration fees will be paid to the AP, if replacement land purchase is confirmed. Further, the implementing NGO will assist in all possible ways, including finding land for purchasing replacement land, etc. After issuance of notice under section 3 by the DC and census cut-off date for non-titleholders or a similar designated date declared by BGFCL, joint verification of the acquired properties will be carried-out by the requiring and acquiring bodies. The Joint Verification Team records the quality and quantity of the affected properties and identifies the structure owner on the spot. A representative of the Implementing NGO will also be present in the JVT as a member of the team. The Implementing NGO will computerize the Joint Verification data to be used for payment of compensation/resettlement benefits. 4.5. Disposal of Acquired Properties After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and no charges will be levied upon them for the same. A notice to that effect will be issued by BGFCL intimating that APs can take away the materials. Payment of compensation will be made at least 1 month prior to the actual possession of the acquired lands and removal of the structures from the ROW so that they have sufficient time to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses. Further, all compensation and assistance will be paid to all APs prior to displacement or dispossession of assets or 1 month before commencement of civil works whichever comes first. The possession will be handed over to the contractor after payment of compensation/assistance to the APs is completed.

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Chapter 5

Consultation, Participation and Disclosure

5.1 Consultation Process Experience indicates that involuntary resettlement generally gives rise to severe problems for the affected population and they are generally apprehensive that they will lose their livelihoods. These problems may be reduced if, as a part of subproject planning and implementation, people are properly informed and consulted about the project, about their situation and preferences, and are allowed to make meaningful choices. This serves to reduce the insecurity and opposition to the Project which otherwise are likely to occur. The objectives of stakeholder consultation process are thus: ▪ to involve the affected people; ▪ to avoid social litigation; ▪ to make people aware of the benefits and risks to ensure acceptability of the project; ▪ to identify stakeholders and to hold group meetings with the stakeholders; ▪ the consultation will be done in phased manner. 5.2 Consultation Scope and Issues BGFCL and the Consultant identified the concerned stakeholders depending on the land requirement for development of wells, route alignment for gathering line and processing facilities along with access road. Annex III provides the list of the persons who participated in the consultation. During the consultations, efforts were made by the survey team to:

Ascertain the views of the APs, with reference to land acquisition and project

impacts;

Understand views of the community on Resettlement and Rehabilitation (R&R) issues and rehabilitation options;

Obtain opinion of the community on issues related to the impacts on community property and relocation of the same.

Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

Key stakeholders particularly affected persons and community, were asked for their views on the overall project overall as well as more specific discussion about their perception on land acquisition process, compensation process, relocation requirements, and views on alternative options. Table 5.1 below sums up the key outcomes of the public consultations

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Table 5.1: Summary of the Public Consultations

Participants Topics/Issues Discussed

Response/Expectations/ Suggestions of Participants

Project Response

Mayor and affected people.

Land acquisition

Positive and Negative impact on environment

Lack of education

institution Gas Supply at

word No. 11 and 12

Employment

opportunity

- All the participants expressed their willingness to contribute their land for successful implementation of the project.

- About 80% land owner of the acquisitioned land are farmers. Besides, there are few service-holder and immigrants who purchased land in the plant area for construction of house.

- They appealed for giving compensation of land according to present market price and showed deed of land recently they purchased. According to deed, present value of agricultural land is Tk. 150, 000-220000 per decimal.

- They also demanded such amount of compensation money so that they can purchase equal amount of land.

- They appealed for opportunity of using project roads to go into non-acquisitioned land

- They requested for employment of un-employed persons in the area according to their qualification.

- They demanded for supplying gas to all residents of Ward No.11 and 12.

- According to the participants present market price of different categories of land are follows; Agricultural Land:

Tk. 20,000-300,000 per decimal

Land in commercial and residential Area

(Beside B. Baria-Comilla High way): Tk. 400,000-500,000 per decimal

Land in fringe Area: Tk. 160,000- 200,000

In view of the feedbacks during consultations, appropriate entitlements have been incorporated in the RP especially with regards to employment opportunity in the civil work and income restoration. Further the discussions it was communicated to the community that the supply of the gas to the local community would be by the distribution company.

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Participants Topics/Issues Discussed

Response/Expectations/ Suggestions of Participants

Project Response

Land beside river bank: Agricultural Land:

TK. 100,000-150, 000 per decimal

Homesteads : Tk. 200,000-250,000 per decimal

No idea about positive and negative impact on environment

They demand Gas supply in the area

Local people are interested to participate in the construction and earthen work.

The list of participants who participated in the consultations is enclosed as Annex III. 5.3 Feed back from Community Consultation Consultation with the affected community was undertaken on 17.06.09 and the feedback obtained from these is summed up below: ▪ All the participants expressed their willingness to contribute land for successful

implementation of the project. ▪ About 80% land owner of the acquisitioned land are farmers. Besides, there are few

service-holder and immigrants who purchased land in the plant area for construction of house.

▪ They appealed for giving compensation of land according to present market price

and showed deed of land recently they purchased. According to deed, present value of agricultural land is Tk. 150, 000-220000.

▪ They also demanded for compensation at market value of such amount of

compensation money so that they can purchase equal amount of land ▪ They appealed for opportunity of using project roads to go in non-acquisitioned land ▪ They requested for employment of un-employed persons in the area according their

qualification. ▪ They demanded for supplying gas to all residents of 11 No. and 12 No. Wards. ▪ According to the participants present market price of different lands area are :

▫ Agricultural Land : Tk. 20,000-300,000 per decimal ▫ Land in commercial and residential Area ▫ (Beside B. Baria-Comilla High way) : Tk. 400,000-500,000 per decimal

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▫ Land in fringe Area : Tk. 160,000- 200,000 ▫ Land beside river bank:

- Agricultural Land : TK. 100,000-150, 000 per decimal - Homesteads : Tk. 200,000-250,000 per decimal

The Mayor of the Brahmanbaria specifically stated the following; 1. Value of land should be paid to land owners according to present market price.

Present land values are as follows: ▫ Agricultural land : Tk.120,000-170,000 per decimal ▫ Homestead (High land) : Tk. 250,000-400,000 per decimal ▫ Homestead (Flood plain) : Tk. 300,000-500,000 per decimal ▫ Road side land : Tk. 250,000-350,000 per decimal 2. Agricultural land can be used for commercial purpose, value of which is Tk. 3, 00,000-3, 50,000 per decimal. 3. The following social obligations should be met for implementation of the project: ▪ Shimrail Graveyard and Funeral should be repaired. For beautification of graveyard,

boundary wall and grill should be constructed.

▫ Boundary wall and grill should be constructed for graveyard beside Bhadughar rail line.

▫ Gas supply should be ensured to all residential areas of 11 No. and 12 No. wards.

N.B. Widening of road in graveyard area will require re-construction of boundary wall. It is important to mention that main transportation to the well site will pass through the road.

The project would keep

The Project is being implemented in residential area, thus precautionary measures would be adopted at all stages to avoid adverse impact on environment.

5.4 Disclosure of the RP A summary of this Resettlement Action Plan (RAP) will be translated into Bangla and will be made available to the affected people by BGFCL for review and comments on the policy and mitigation measures by means of project-level Disclosure workshops prior to loan negotiation. (a sample in English version is enclosed in Annex-5A) Copies of summary RAP will also be made available at the local level public offices to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RAP will also be disclosed on the ADB Website and BGFCL website. The NGO/resettlement consulting organization to be engaged to assist Petrobangla/BGFCL in implementing this RP, will update, publish and distribute the booklet explaining the impact of the subproject, compensation policies for APs, resettlement options/strategies for households, and tentative implementation schedule of the project. Further steps will be taken (i) to keep the affected persons informed about land acquisition plan, compensation policy and payments, and (ii) to ensure that APs will be involved in making decisions concerning relocation and implementation of the RP.

35

In case of change in Project design thereby entailing change in resettlement impacts, a re-evaluation and updation of this RAP will be undertaken. The updated RAP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RAP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and after ADB review and approval. 5.5 Cut-off-Date The census for inventory of losses (IOL) conducted for the project in April 2009 is the cut-off-date for establishing eligibility for resettlement assistance. Serving of notice under Section 3 of the land acquisition Ordinance II of 1982 will follow as the cut-off-date for legal owners of property to be acquired. 5.7 Plan for Further Consultation and Community Participation The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with APs will form part of the project implementation. A local NGO/ R&R Implementation agency will be entrusted with the task of conducting these consultations during RAP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration. The consultation will continue throughout the project implementation. The following set of activities will be undertaken for effective implementation of the Plan: The EA, with NGO/ R&R Implementation agency assistance, will conduct information

dissemination sessions in the Project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation.

During the implementation of RAP, a contracted NGO/ R&R Implementation agency and

concerned BGFCL officers will organize public meetings, and will appraise the communities about the progress in the implementation of Project works.

Consultation and focus group discussions will be conducted with vulnerable groups like

women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

In order to ensure participation of community a Public Consultative Committee (PCC) at

Thana (Upazila) level would be formed to supervise the compensation payment to APs. The PCC would include representative of the Deputy Commissioner of Brahmanbaria District, the respective Upazila Nirbahi Officer, local representative, the Mayor of Brahmanbaria Municipality or his nominated representative, representatives of BGFCL and representatives of selected NGOs having a good reputation in the area. Formation of such a PCC will be functionally equivalent to Resettlement Coordination and Monitoring Committee (RCMC) enunciated in the ADB's Resettlement guidelines. Such committees are also vital for ensuring that project monitoring and implementation take place effectively and that monitoring can provide feedback into project implementation.

The PCC will supervise payment to APs which will include membership of AP

representatives. The PCC will visit points geographically close to APs for payments of compensation.

In addition, regular update of the program and resettlement component of the project will

be placed for public display at the Project offices.

36

Lastly, participation of APs will be further ensured through their involvement in the

Grievance Redress Cell. Lastly, EA through Project office and NGOs will maintain an ongoing interaction with APs

to identify problems and undertake appropriate remedial measures.

37

Chapter 6

Institutional Framework and Implementation Schedule

_________________________________________________________________________

6.1 Introduction

This chapter deals with the main tasks and responsibilities of the institutions in planning, negotiating, consulting, approving, coordinating, implementing, financing, monitoring and evaluating land acquisition and resettlement. The responsible institutions are the Executing and Implementing Agency, Implementing NGO (INGO), Deputy Commissioner’s Office, Donor Agency, etc. In fact, these institutions will be required to work jointly and in close cooperation with each other. Given the emphasis on this cooperation and integration, development of an effective institutional framework is a must.

BGFCL will be the executing agency (EA) of this Project, DC and LAO will constitute legal

body who, on behalf of the GoB will undertake the process of land acquisition and the NGO/resettlement consulting organization, to be appointed by the executing agency, will work on carrying out field work and facilitate implementation of the RP.

6.2. BGFCL

BGFCL will be the Executing Agency for the Project, a Project Implementation Unit (PIU) headed by a Project Director, at the head quarters that will be responsible for the overall execution of the Project. The PD will recruit and appoint an experienced Implementing NGO/Social Consulting Firm as required for implementation of resettlement activities. The task/responsibilities of the Project Director and Project Manager of BGFCL will include the following:

(i) Project planning and making provision of RP budget (ii) Selection and appointment of a suitable NGO/resettlement consulting organization

for conducting socio-economic survey and resettlement survey and preparation of RP report.

(iii) Review of RP report and making comments on the report (iv) Maintaining liaison with the different concerned Govt. Officials, donor agency and the

consultants. (v) Selection and appointment of a suitable NGO/resettlement consulting organization as

implementing agency of the resettlement plan (vi) Supervision of the tasks of the NGOs/resettlement consulting organization (vii) Transfer of fund to the Deputy Commissioner (DC) in due time for meeting

acquisition compensation cost. (viii) Contribute to the works of Public Consultative Committee (PCC) (ix) Motivation of APs

The Project Manager would be in charge of the land acquisition and resettlement

management and will report to the Project Director. He/she will work in close coordination with the respective field-based offices and Implementing NGO on day-to-day activities of the resettlement implementation. The Manager through the field offices, LA Office and the Implementing NGO will execute and monitor the progress of the LA and RAP implementation work. He/she will also ensure coordination between the relevant departments, Implementing NGO, the GRC, RAC, PVAT and the Project affected people (APs).

38

The detailed Organogram of the BGFCL is as follows:- Figure 2

6.3. Other Agencies Involved in the Process 6.3.1. Deputy Commissioners (DCs) The DCs have the power to acquire land and to assess compensation of property thus acquired. The 1982 Ordinance provides the power to the DC, who conducts the acquisition through the Land Acquisition Officer (LAO) of concerned districts. The LAO (or his/her officers) along with BGFCL and INGO staff will conduct joint physical verification of property on the land in accordance with the Land Acquisition Proposal (LAP) to be submitted by BGFCL as soon as the detailed design and alignments for the projects interventions will be available. The DC office is responsible for the entire acquisition process from notification to affected households to award of compensation to owners of property and payments of compensation. Upon fulfillment of criteria of the LA office (i.e. necessary documents to make payment) the LA officials will prepare cheque and disburse to the EPs. If possible the LAO will disburse

39

cheque in the concern Union Parishad office in presence of the UP Chairman issuing prior notice to the concern EPs. BGFCL/INGO shall liaise with concerned DC offices to complete the land acquisition process in a timely fashion. However, the LAO will prepare estimates of LA and request placement of fund from the GTCL. The LAO will also share the award and payment data with the BGFCL field office to facilitate processing of resettlement data. Figure 3 gives the organogram of the Office of the DC.

Figure 3: Organogram of the Office of the Deputy Commissioner (DC)

6.3.2. Implementing NGO (INGO) Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the EA in order to build a good rapport with the affected community and facilitate satisfactory R&R of the APs. To overcome this deficiency, experienced and well-qualified NGO/R&R Implementation agency in this field will be engaged to assist the EA in the effective, timely and efficient implementation of subproject RP. The involved NGO/ R&R Implementation agency will be provided an orientation and training in resettlement management and resettlement policy adopted under the loan by the EA. The NGO/ R&R Implementation agency would play the role of a facilitator and will work as a link between the EA and the affected community. Further the NGO/ R&R Implementation agency will inform the APs on aspects relating to LA and R&R measures for implementation of the Project and ensure proper utilization of various compensations extended to the APs under the R&R entitlement package.

Deputy Commissioner (DC)

Additional Deputy Commissioner (ADC)

General

Additional Deputy Commissioner

(ADC) Revenue

Additional District

Magistrate (ADM)

Add. Deputy Commissioner (ADC) Land Acquisition (LA)

Land Acquisition Officer (LAO)

General

40

It is extremely important to select NGOs/ R&R Implementation agency that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Resettlement Plan. Key quality criteria for the NGO/ R&R Implementation agency include: Experience in direct implementation of programs in local, similar and/or neighboring

districts; Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal

reports, and audited accounts; and Integrity to represent vulnerable groups against abuses; experience in representing

vulnerable groups, demonstrable mandate to represent local groups.

Apart from the above, some specific roles and responsibilities of the NGOs/resettlement

consulting organization will include the following:

i) Updation of list of entitled persons (EPs) and Identification of Entitled Person

ii) Issuance of ID cards

iii) To conduct information campaign in the affected areas to primarily inform the AP about the entitlement policies and ensuing entitlements iv) Computerization's of database and EP files v) Provide assistance to EPs to relocate and resettle vi) Participation in Grievance Redress Committee (GRC) and Resettlement Advisory

Committee (RAC) vii) Ensure that all the APs get the compensation without hassle.

viii) Motivation of APs. ix) Assist the APs in choosing appropriate income generation skills and arranging proper

training for the APs on the identified IGA.

x) Maintain liaison between the EA and the APs. 6.4 Grievance Redress Mechanism

Grievance Redress Committees (GRCs) will be established to ensure stakeholders participation in the implementation process. Through public consultations, the APs will be informed that they have a right to grievance redress from the BGCL. The APs can also call upon the support of the Implementing NGO (INGO) engaged to implement the RAP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances will be redressed within a month from the date of lodging the complaints. Once the RP has been disclosed to the affected community, the GRC will be formed at Union level for any grievances involving resettlement benefits, relocation, and other assistance. The GRC for each Union will comprise of the Project Manager, BFCL, RAP Implementing NGO, one Local Elite or leader, one representative of APs and a legal Advisor as Observer to extend legal support to the committee.

41

The GRCs will be formed and activated during land acquisition process to allow APs sufficient time to lodge complaints and safeguard their recognized interests. Where land acquisition will not be involved but relocation of structures or vacating land from cultivation will be required, the GRCs will facilitate resolution of complaints regarding categorization of vulnerable affected persons, types of structures and eligibility for compensation and assistance within the set guidelines and provisions of the resettlement action plan. Any complaints of ownership or other suits, to be resolved by judiciaries system, will not be resolved in GRCs. The Grievance Redress Committee (GRC) to be formed will be similar to Public Consultative Committee (PCC). In effect, the appointed NGO/resettlement consulting organization will work closely with the APs to identify the grievances and redress the same in consultation with other members of the committee as well as the APs. The activities of grievance redress will be monitored by the NGO/organization monthly.

6.5 RP Implementation Schedule

It is likely that the overall project will be implemented over a 5 year period likely to commence in 2010 or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the Project office, appoint NGO / R&R Implementation agency for resettlement implementation, and establish GRC. Prior to implementation of resettlement and related activities an updation of AP list based on the final detailed design will be undertaken. Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances3 will be paid to all APs prior to commencement of civil works. The implementation schedule will be finalized considering possible changes of events during the project implementation period after detailed design of the project. Figure 4 attached with the RP in excel format details the tentative RP implementation schedule.

3 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

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Chapter 7

Cost Estimate and Budget

_________________________________________________________________________ 7.1 Cost Estimates The estimate for land acquisition by the DC will be prepared by his/her LA section and placed to the BFCL for transfer of the fund to the account of the DC. The additional benefits as per the policy will be paid directly by the EA. However, the Implementing NGO will assist the BFCL to assess the quantity of losses and the eligible persons for resettlement benefits and prepare a resettlement budget. The BFCL will approve the budget and arrange payment of additional compensation and resettlement grants to EPs. The Project Office - BFCL will ensure that the land acquisition and resettlement budgets are delivered on time to the DC and the resettlement account of the field office of the BFCL. BFCL will also ensure that the RP is submitted to ADB for concurrence, and that fund for compensation and entitlement under the RP are fully provided to APs prior to the award of the civil work contract. The methodology for assessing unit compensation values of different items is as follows:

Land to be valued at replacement cost based on land sales survey during implementation of RP. No deductions for taxes/transaction costs will be applied.

Houses/buildings will be valued at replacement value based on cost of materials, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation and transaction costs

Annual crops will be valued at highest market rates. One round the year production from agricultural land will be considered for crop compensation.

Trees will be valued based on age and girth category (a. sapling b. small c. medium and d. large) for timber and fruit bearing trees

Fruits will be valued for grown up trees (large and medium) as 30% of the timber value X one year for normal fruit bearing trees and 30% of timber value X 3 years for perennial trees.

The valuation survey registered recent current crop and tree sales at markets and was based on AP and community consultation (including relevant local government agencies). The conclusion of the survey is that in most cases the actual transaction values are higher than the values officially documented and registered. 7.1.1 Land Cost The Project will not involve relocation of any persons as the land owners have homestead or own land of similar type. The rate of land by type is estimated based on last 12 months average. The compensation rate along with cost of compensation is given in the Table 16.

Table 16: Value of Land of Kawtali Mouza paid by the LA Department, Brahmanbaria

Sl Name of Land Classification

43

Agri. Land

(decimal)

Residential (decimal)

Commercial

(decimal)

Fallow (decimal)

High land

(decimal)

Pond

A. Dist.Brahmanbaria P.S. Brahmanbaria in Municipal area

1 Kawtali 46792 134615 - 28930 134615 -

2 Area acquired 429 42 - 74 94 -

Cost 37,233,768 5,384,600 - 2,140,820

12,653,810

-

Note : The above amount has already been paid. This data is given here only for information. The total cost including 50% premium is Tk. 86,523,342. The land acquisition in Bhadugarh is presently ongoing. The cost of land as per the prevailing rate is identified by market survey and enumerated in Table 17 below.

Table 17: Value of Land of Bhadugarh Mouza according to Market Rate, Brahmanbaria based on rate of LA dept

S. No

Items Plant area Agri. Land

Roadside Agri land

Viti land

1 Rate as per market survey

Tk 142000 Tk. 193542 Tk. 425000

2 Area in decimal Proposed for acquisition

987 100 14

Cost Tk. 140,154,000 Tk. 19,354,200 Tk. 5,950,000 The total comes to Tk. 165,458,200. The cost with 50% premium comes to 248,187,300. Gas seepage around the Titas Gas Field has created adverse impact causing crop loss and damage of agricultural land itself. Compensation for this suffering has been estimated and given in Table 18.

Table 18: Compensation for Seepage Affect on Agricultural Land Mouza Quantum of Affected land

(Acre) Amount

(Tk.) Shuhilpur 2.35 940,000.00 Ghatura 1.43 572,000.00

Total 3.78 acres Tk 151,2000.00 7.1.2. Assistance to vulnerable group Additional assistance of Tk 10,000 shall be extended to a total of two vulnerable affected households identified during the census (see Table 21).

Table 19 : Assistance to Vulnerable Group

Number of Vulnerable Households Rate (L.S) Amount (Tk.)

2 10,000.00 20,000.00 7.1.3 Compensation for trees There are four plots where small trees and saplings will be affected. The cost is estimated as given in Table 20.

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Table 20: Compensation for Loss of Trees

No of trees by Size and rate

Small Sapling Sl.

No. Type of Fruit

Tree No Rate (TK) No Rate (TK)

Total Cost (Tk.)

1 Rain tree 98 300 - - 29400 2 Kadam 2 300 - - 600 3 Mahogany 20 500 20 100 12000 4 Acasia 20 500 15 100 11500

Total 140 35 53500 7.1.4 Common Property Resources The gas well development will require the removal of wall of two graveyards and a burning place. The cost of land has been paid but the wall is to be reconstructed with beautification. An approximate amount has been shown in the Table 21 for these community resources. It may be noted the work will not cause severe damage to the graveyards, only the wall will have to be removed and reconstructed. The community has agreed to the proposal.

Table 21 : Cost of Replacement and re-construction of Public Resources Sl No Name of activity Approximate cost

(TK) 1 Reconstruction of Graveyard wall with grills at Kawtali Tk. 400,000 2 Reconstruction of Burning place wall with grills at Kawtali Tk. 300,000 3 Reconstruction of Graveyard wall with grills at Bhadugarh Tk. 200,000 4. Reconstruction of Protection wall of Graveyard at

Shampur/Shuhilpur Tk. 300,000

Total Tk. 120,0000 7.1.5 Compensation for loss of agricultural Income The Census brought forth that some of the AP households will lose more than 10% of agricultural land putting them under severe economic stress. They will be paid compensation at a rate of Tk 5000 or Tk 200 per decimal which ever less is. In addition the AP will get compensation for one year’s agricultural production. 7.2 Budget Based on the above costs, a budget provision has been made to cover all land acquisition, compensation, and rehabilitation costs for the Project. The budget provision was made in the Project Proforma in the amount of Tk.140.00 million. In estimating land acquisition cost, last one year's average sale rates of different types of land in the project jurisdiction were collected from the concerned sub-registry offices. These rates are increased by 50% as per GoB policy of involuntary resettlement (compulsory nature of acquisition) as detailed in the last column of the entitlement matrix. This is to mention here that cost of other items have also been estimated following the entitlement as set in the same entitlement matrix. The summary breakdown of the RP budget at per present rates is presented in Table 22.

Table 22: Summary Resettlement Budget Resettlement cost items Cost in Taka Loss of tree 53,500 Training for Income restoration (as mentioned in Chapter 3) 49,000

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Compensation for Vulnerable 20,000 Compensation for Structure 1,752,205 Common Resources Property 3,000,000 LA at Kawtali with premium 86,523,342 LA at Bhadugarh with premium 248,187,300Compensation for Seepage Affected Land 151,2,000Crop Compensation for one year 249,203 Compensation for loss of more than 10% agr land 485,000 Fees for NGO service 1,000,000Fees for External Monitoring 1,000,000

Total Cost Tk. 343,831,550

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Chapter 8

Monitoring & Evaluation 8.1 Need for Monitoring Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have actually achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfilment of the project objectives. Day-to-day monitoring of RP implementation and impacts shall be the responsibility of the Project Director. A consulting organization, firm or NGO, may be appointed by BGFCL will conduct field level monitoring and assess and report on the daily operation of land acquisition and resettlement activities. The range of activities and issues that will be monitored will include: ▪ the process of information dissemination and consultation with APs ▪ number of persons affected by category of loss, ▪ valuation of assets at replacement value, ▪ delivery of compensation at replacement cost for lost assets and rehabilitation

measures according to entitlement, ▪ grievances made and settled, ▪ clearance of Project sites and coordination with civil works and ▪ identification of problems and corrective measures implemented or required. The benchmark for Project level monitoring will come from the census and inventory of lost assets data and the baseline Socio-Economic Survey. The mechanisms to be used in the field level monitoring include: ▪ review of AP files and pre-project baseline data on APs ▪ informal sample survey of 10 percent of APs ▪ identification and selection of an appropriate set of indicators for gathering and

analyzing information on resettlement impacts. ▪ key informant interviews ▪ in-depth case studies to investigate special issues, and ▪ community/public meetings The monitoring will commence with commencement of the Project implementation and shall continue throughout the implementation of the Project. The Executing Agency (EA) for the project is responsible for organizing and resourcing monitoring and evaluation efforts. 8.2 Monitoring at EA Level The EA usually has full responsibility for internal monitoring. Monitoring takes place against the activities, entitlements, time frame and budget set out in the RP. The record system is supplemented by periodic survey designed to measure change against the baseline established during the initial and survey work. The periodic survey focuses on the receipt of entitlements by people affected based on benefits indicators.

47

Monitoring indicators will be selected to address specific contents of the activities and entitlement matrix. Sample monitoring indicators from which specific indicators can be developed and refined according to the circumstances. The indicators will relate to rehabilitation and compensation for land loss as no relocation will be needed may include: ▪ Have all the APs properly identified; ▪ Have the resettlement officers received the scheduled fund; ▪ Have the fund been distributed for RP; ▪ Have all land have been given possession in time; ▪ Have all social preparation has taken place; ▪ Have the APs used grievance redress procedure; ▪ What was the outcomes of grievance redress; ▪ How the grievances were resolved; ▪ Have all APs received payment a per resettlement matrix on time; and ▪ Have income restoration activities being implemented.

8.3 Reporting Requirements 8.3.1 Plan for Internal Monitoring The internal monitoring is often based upon a card system kept in the monitoring office recording the entitlements due to and received by each affected household. The card system can be manual or computerized. During the implementation phase, the assigned person from the organization together with the Project appointed organization, if needed, will prepare monthly reports on the progress of resettlement activities and forward copies of the reports to the Donor. A format for resettlement implementation monitoring has been devised (see Table 26) for monthly monitoring and data collection by field officials. BGFCL will prepare a post-resettlement evaluation report at the end of the Project activity. The report should provide evidence whether adverse effects of the project have been mitigated adequately or at least pre-project standard of living and income have been restored as a result of the RP.

Table 26: Monthly Progress Report Format for Resettlement Monitoring

Component Unit Total

Completed %

Cumulative Achieveme

nt

Completed Progress During

Reporting Month

Status &

Remarks

1. Resettlement Preparation: -Identification of APs - Group meeting with APs - distribution of structures - compensation for crop/tree

2. Payment of Compensation Land:(agriculture/homestead) Compensation for structures Compensation for crop/tree

3. Grievance resolution

48

Grievance redress cases Grievance redress outcome Resolutions of GR

4. Income Restoration Activity Income restoration grant

8.3.2 Plan for External Monitoring The EA will appoint an independent agency for external M&E to ensure complete and objective information. Post-evaluation of resettlement is an integral part of the project cycle. Independent evaluation can be done by an outside research or consulting agency or development NGO. To function effectively, the consultant/agency responsible for external monitoring will be independent of the governmental agencies involved in resettlement implementation. The consultant/agency will provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required. The external monitor will submit biannual review directly to ADB and the EA to determine the effectiveness of RP implementation. The monitoring consultant/agency will be selected within three months of loan approval by the EA with ADB concurrence. The monitoring will be carried out every year during the RP implementation. The key tasks during external monitoring will include:

Review and verify the internal monitoring reports prepared by PIC; Review of socio-economic baseline census information of pre-displaced persons; Identification and selection of impact indicators; Impact assessment through formal and informal surveys with the affected persons; Consultation with APs, officials, community leaders for preparing review report; Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing

lessons for future resettlement policy formulation and planning. Post-Resettlement Evaluation: Six months after completion of all RP activities, the Project appointed organization/ or the organization itself in case of small number of cases, shall carry out an evaluation of resettlement to assess the effectiveness, impact and sustainability of entitlements, and to learn strategic lessons for future policy formulation and planning.

49

ANNEX 1 : CENSUS QUESTIONNAIRE Preparation of Resettlement Action Plan (RP) as per ADB’s Guideline for Drilling of 4 New Wells (Well #19- 22) and installing 2 number of processing plants at Titas Gas Field, Brahmanbaria.

Household Survey form

Owner of Land (1.1) Name of Affected Person : Fathers Name :

ID No :

SES/JVS No. :

Address : Village : Mouza : Union/Word : Upazila : District: Occupation t Total member of HH : (1.2 ) Name of share Cropper/ Lease holder:

ID No :

(1.3) Description of affected Land Name of Mouza:

Affected item Type of Land

Plot No.

Khatian No.

Acquired land(acre)

Total Land(a

cre) Crops

trees

Structures/ others

50

Preparation of Resettlement Action Plan (RAP) as per ADB’s Guideline for Drilling of 4 New Wells (Well #19- 22) and installing 2 number of processing plants at

Titas Gas Field, Brahmanbaria.

Questionnaire for Socio-economic Survey 1. IDENTIFICATION OF HH 1.1 District : 1.2 Upazila : 1.3 Mouza/Ward : 1.4 Village/Para : 1.5 Name of Respondent: 1.6 Name of the head of household:

1.7 Religion: Muslim Hindus Christian Buddhist 1.8 Residential Status: Permanent Temporary Others (Specify) ______ 2. SOCIO-ECONOMIC CHARACTERISTICS OF HOUSEHOLD

Table-1: Information of the household members

Sl. No.

Relationship with H.H.

Sex Age Marital status

Education Principal Ailments in six months

1

2

3

4

5

6

7

8

9

10

11

Note: Start from Household Head Use code for Education for above 4 years age

Coding List:

Relationship with HH

Code Education Code

H.H. (Male/Female) 1 Grand 13 Illiterate 1

1

2 3 4

1 2 3

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son/daughter Wife/Husband 2 Servant 14 Only can read 2 Son 3 Others 15 Can read and write 3 Daughter 4 Primary (class1-Class 5) 4 Father 5 Secondary (class 6-class 10) 5 Mother 6 Marital Status SSC/Dakhill/Equivalent 6 Brother 7 Married 1 HSC/Aliml/Equivalent 7 Sister 8 Un-Married 2 Degree/Fazil/Equivalent 8 Daughter-in-law 9 Widow 3 Masters/Kamil/Equivalent 9 Son-in-law 10 Widower 4 Sex Code Father-in-law 11 Divorced 5 Male 1 Mother-in-law 12 Separated 6 Female 2

Occupation Code Occupation Code Disease Code Business 1 Retired 15 Decentry 1 Service 2 Handicrafts 16 Diarrhea 2 Labour 3 Craftsmanship (Pottery, Weaving,

Goldsmith, Barbour, Blacksmith) 17 Influenza 3

Rickshawpuller 4 Migrant 18 Cold&Cough 4 Tailoring 5 Others (specify) 19 Malaria 5

Carpentary 6 Athsma 6 Shop operation 7 TB 7

Unemployed 8 Others Students 9

Child (below 4years) 10 Fish Farmer 11

Farmer 12 Sharecropper 13 Disable/Old 14

3. HOUSEHOLD ASSETS 3.1 Type of tenure system of the house

Owned Rented Rent free Others

3.2 Land Ownership and Land Use

Ownership of Land (Decimal) Leased Mortgage Sharecropping Code Land Use

Own In Out In Out In Out

1 Residential Area

2 Agriculture

3 Pond

4 Shrimp Gher

5 Others:

3.3 Assets of the household excluding land

At the date of survey Sl. No Type and name of asset Quantity Approximate Value

Domestic Animal/Birds 1 Cow /Buffalo(Milk) 2 Cow /Buffalo(Draft)

1 2 3 4

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At the date of survey 3 Calf (Cow/Buffalo) 4 Goat 5 Sheep 6 Kid (Goats/ Sheep) 7 Chicks 8 Ducks 9 Pigeons 10 Others (specify) Transport equipment 16 Motor Cycle 17 Bicycle 18 Van/rikshaw 19 Auto-rikshaw 20 Others (specify) Recreational Equipment 24 Television 25 VCD 26 Cassette Player 27 Radio 28 Others (specify) Trees 31 Fruit Tress 32 Timber Trees 33 Medicinal Trees 34 Others (specify) Other Assets 37 Mobile Phone 38 Jewelry 39 Furniture 40 Utensils 41 Freez 42 Others (Specify)

4. INCOME-EXPENDITURE 4.1 Total Income during the last year

Sl.No. Source of Income (Gross) Amount (Taka) 1 Service 2 Business

53

3 Sale of labour 4 Transport business 5 Sale of fruit 6 Sale of Agricultural Products 7 Sale of eggs, milk etc. 8 Sale of poultry and livestock 9 Sale of trees

10 Sale of fish 11 Manufacturing including cottage industry 12 Charity including remittance form abroad 13 Others (Specify)

4.2 Consumption Expenditure 4.2.1 Expenditure of household on food during last week Sl. No. Items Quantity (Kg/No.) Amount (TK) 1 Rice /Wheat 2 Fish/Meat 3 Vegetables 4 Edible oil 5 Spices, Salt etc.

4.2.2 Non-Food expenditure of household Sl. No. Items of Expenditure Period Estimated Value (Taka) 1 Clothing Annual 2 Health care Annual 3 Housing (Construction/Repair) Annual 4 Wedding Annual 5 Gift Annual 6 Transport Annual 7 Entertainment Monthly 8 Education of children Monthly 9 Fuel Monthly 10 Electricity Monthly 11 Water supply Monthly 12 Other Consumption Monthly

4.3 Investment Expenditure

Sl. No. Items of Expenditure Period Estimated Value (Tk.) 1 Wages for Labour Daily 2 Salary of staff Monthly 3 Utilities (Oil, Fuel etc.) Monthly 4 Maintenance cost Monthly 5 Interest against loan Monthly 6 Fish Feed/ Poultry/ Animal feeds Monthly 7 Raw materials Annual 8 Agricultural Inputs Annual 9 Others (Specify)

5. EMPLOYMENT OPPORTUNITY 5.1 What type of employment opportunity you have in your area?

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Cottage Industry Transport Food for Work Construction Earth cutting Others (Mention) 5.2 Do you/your family members emigrate outside for work? Yes No 5.2.1 If the answer is yes then specify for how many days they emigrate for work?

............. days 5.3 Do you engage immigrant labour? Yes No 5.3 .1 If the answer is yes, for how many days? ........................... 6. UTILITY FACILITIES 6.1 Fuel 6.1.1 What kinds of fuel do you use for cooking? (use tick)

1 Wood 4 Straw

2 Kerosine Stove 5 Gas Cylinder 3 Fuel Stick 6 Others (specify)

6.1.2 How much money you need /month for feel for cooking? Tk. ........... 6.2 Sanitation 6.2.1 What type of latrine do you use? (use tick) Sanitary Non Sanitary Open area 7 GENDER SITUATION 7.1 Do you think you have your right in your household? Yes No 7.2 How your HH expenditure decision is made? Self Husband Jointly 7.3 Do you participate in the activities around you in female association?

Yes No

7.3.1 If yes, how? Single In Group 7.4 Does your husband allow you to go out of house in needs? Yes No 7.5 Who is responsible for collecting fire wood?

Husband Wife Children Others 7.6 How much average time *you need for cooking? ................................... hour

1 2 3

2 3 1

2

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1 2

1 2

1

1 2

1 2

4 5 6

3

1 2 4 3

1 2

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7.7 How much time you can save if gas is supplied? ....................... hour 7.8 Do you take part in IGA activities? Yes No 7.8.1 If yes, where? Inside house Any where as required 7.9 Is your marriage registered? Yes No 7.9.1 If not, why not? ............................................................................ 8. Are you willing to get natural gas connection Yes No 9. Are you willing to pay tarrif Yes No 10. How will you benefited by the project? ....................................................................................................................................... ....................................................................................................................................... .......................................................................................................................................

Name of Enumerator : ...........................................................................

Signature :.............................................................................

Date : .............................................................................

1 2

1 2

1 2

1 2

1 2

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ANNEX II: LIST OF AFFECTED PERSONS & DETAILS OF AFFECTED ASSETS

Attached separately in excel format.

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ANNEX III : LIST OF PARTCIPANTS WHO PARTICIPATED IN THE CONSULTATIONS

S. No. Name Designation/Profession Signature

1 Md. Hafizur Rahman Kachi Mayor Signed

2 A. Zalil Teacher Signed 3 Rafiqul islam Teacher Signed 4 Aynul Hoq Service Signed 5 Hafizul Karim Farmer Signed 6 A.Mannan Business Signed 7 Selim Miah Farmer Signed 8 Noor Miah Farmer Signed 9 Taher Miah Driver Signed

10 Rafiqul Bhuiyan Farmer Signed 11 Babul Bhuiyan Farmer Signed 12 Mobarak Hossain Farmer Signed 13 Hossen Dhali Farmer Signed 14 Samsul Dhali Farmer Signed 15 Samsuzzaman Student Signed 16 Abu Munshi Farmer Signed 17 Mahmudul Hoq Student Signed 18 Mahbub Alam Business Signed

Natural Gas Access Improvement Project

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