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Land Acquisition and Resettlement Plan
Sapchari Para, Wagga Union Road Subproject
March 2011
BAN: Second Chittagong Hill Tracts Rural
Development Project
Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts Affairs and the Asian
Development Bank.
CURRENCY EQUIVALENTS
(as of 16 March 2011)
Currency unit – taka (Tk)
Tk1.00 = $0.0140
$1.00 = Tk71.56
ABBREVIATIONS
ADB – Asian Development Bank
AP – affected person
CHT – Chittagong Hill Tracts
CHTRC – Chittagong Hill District Council
CHTRDP – Chittagong Hill Tracts Rural Development Project
CRO – chief resettlement officer
CCL – cash compensation under law
DC – deputy commissioner
DMPO – District Project Management Office
EA – executing agency
EP – entitled person
FGD – focus group discussion
GRC – grievance redress committee
HDC – hill district council
HH – household
IMA – independent monitoring agency
IP – indigenous people
LAO – land administration officer
LAP – land acquisition plan
LARF – land acquisition and resettlement framework
LAR – land acquisition and resettlement
LARP – land acquisition resettlement plan
LGED – Local Government Engineering Department
MARV – maximum allowable replacement value
MIS – management information system
MOCHTA – Ministry of Chittagong Hill Tract Affairs
NGO – nongovernment organization
NPRR – National Policy on Resettlement and Rehabilitation
PD – Project Director
PMO – project management office
PIC – project implementation consultant
PMO – project management office
PVAT – property valuation assessment/advisory team
RAC – resettlement advisory committee
ROW – right of way
SAP – seriously affected person
SES – socioeconomic survey
SPS – Safeguard Policy Statement (ADB 2009)
SQMC – safeguards and quality monitoring cell
NOTE
(i) In this report, "$" refers to US dollars.
This resettlement plan is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other status
of any territory or area.
Table of Contents
I. THE PROJECT ......................................................................................................... 1
A. Background ............................................................................................... 1
II. SAPCHHARI PARA DESCRIPTION......................................................................... 2
III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR) ......................... 7
A. Data Collection Methodology .................................................................... 7
B. Estimated Scope of LAR Impacts.............................................................. 8
IV. SOCIO-ECONOMIC PROFILE OF THE AFFECTED PERSONS........................ 12
V. RESETTLEMENT POLICY FRAMEWORK ............................................................ 15
A. CHT Legal Framework ............................................................................ 15
B. ADB’s Involuntary Resettlement Policy ................................................... 16
1. SPS Involuntary Resettlement Safeguards................................................... 16
C. The Project’s LAR Policy ......................................................................... 19
D. Objectives of the Land Acquisition and Resettlement Plan (LARP) ........ 21
E. Guidelines for Land Acquisition and Resettlement (LAR) ....................... 21
F. LAR Entitlements..................................................................................... 23
VI. CONSULTATION AND DISCLOSURE ................................................................ 32
A. Consultation and Stakeholders' Participation .......................................... 32
VII. GRIEVANCE REDRESS MECHANISMS................................................................. 33
VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS........... 35
IX. LARP IMPLEMENTING ORGANIZATIONS......................................................... 38
A. Project Management Office (PMO) within the CHTRC............................ 38
B. LAR Acquiring Body ................................................................................ 38
C. Project Implementation Consultants (PIC) .............................................. 39
D. LARP Implementing NGO (NGO)............................................................ 39
E. Resettlement Processing Committees/Teams ........................................ 39
F. LAR Implementation Guidelines .............................................................. 41
X. COMPENSATION AND RESETTLEMENT BUDGET............................................. 44
A. Compensation, Relocation and Income Restoration ............................... 44
XI. RESETTLEMENT BUDGET AND FINANCING ................................................... 45
XII. LARP IMPLEMENTATION................................................................................... 47
A. LARP Implementation Schedule.............................................................. 47
B. Monitoring and Evaluation ....................................................................... 50
1. Internal Monitoring ........................................................................................ 50
2. External Monitoring ....................................................................................... 51
TABLES
Table 1: Upstream Paras Potentially Served by the Union Road ................................................. 4
Table 2: AP/SAP Total, Affected, and Residual Owned Land (Decimal), with Percentage of Loss10
Table 3: Category Affected Land (Decimal), by Percentage....................................................... 10
Table 4: Number of Affected Trees by Type (Timber/Fruit) and Size ......................................... 11
Table 5: Species of the Affected Trees....................................................................................... 11
Table 6: Family Composition ...................................................................................................... 12
Table 7: Total Affected Population by Gender and Percentage.................................................. 12
Table 8: Age of Population by Gender........................................................................................ 13
Table 9: Occupation by Gender and Percentage........................................................................ 13
Table 10: Level of Education by Gender..................................................................................... 14
Table 11: Level of Household Income (Yearly)........................................................................... 14
Table 12: Entitlement Matrix and Responsible Implementation Agencies .................................. 25
Table 13: Indicative Budget for Land Acquisition and Resettlement for Sapchari para at Wagga
Subproject of CHTRDPII............................................................................................................. 46
Table 14: Potential Monitoring Indicators.................................................................................... 50
Table 15: Indicators for External Monitoring and Evaluation ...................................................... 51
FIGURES
Figure 1: Location of Existing Union Road and Proposed Concrete Path, Sapchari Para/Mouza 3
Figure 2: Location of Sapchari Para in Rangamati District, CHT .................................................. 6
Figure 3: Sketch Map of the New Alignment of Proposed Concrete Footpath of Sapchari Para.. 8
Figure 4: Grievance Redress Mechanism................................................................................... 34
Figure 5: Project Implementation Arrangements ........................................................................ 36
Figure 6: Project Cash Flow Arrangements ................................................................................ 37
Figure 7: Property Valuation Advisory Team (PVAT) ................................................................. 40
Procedure of Determining Valuation of Property ........................................................................ 40
Figure 8: Resettlement Organization Chart ................................................................................ 43
Figure 5: Tentative LARP Implementation Schedule in Context of Overall Project Timetable.... 47
Figure 6: Tentative LARP, Implementation Schedule for Subproject (Year 1.5)......................... 49
I. THE PROJECT
A. Background
1. The Second Chittagong Hill Tracts Rural Development Project (CHTRDP-II) funded by
the Asian Development Bank (ADB) is to improve rural livelihood to reduce poverty and
vulnerability among the rural population of the Chittagong Hill Tracts (CHT), located at the
southeastern region of Bangladesh. Objectives of the project that it will: (i) improve rural
infrastructure and sustainable natural resources management and monitoring; (ii) increase rural
incomes, including those of remote rural women and disadvantaged groups, through increased
economic opportunities and activities; and (iii) support institutional strengthening of Ministry of
Chittagong Hill Tracts Affairs (MOCHTA), Chittagong Hill Tracts Regional Council (CHTRC) and
Hill District Council (HDC) to plan, implement and monitor sustainable rural development in the
three districts of the CHT, Rangamati, Khagrachari and Banderban, comprised of indigenous
population (IP) from 11 ethnic groups and Bengalis.
2. The Project design will continue and enhance the work of CHTRDP-I, taking into account
the achievements and experiences of other development initiatives in the CHT. CHTRDP-I, for
instance, helped reduce the incidence of absolute poverty in the CHT by developing basic
infrastructure and expanding income and employment-generating activities that would raise the
community’s standard of living. The CHTRDP-II will target rural poor in CHT, including IPs,
women and other vulnerable groups.
3. The Project is comprised of five components:
A. Institutional Development and Project Management;
B. Rural Roads;
C. Community Infrastructure;
D. Micro Agribusiness Development;
E. Project Management.
4. Initially during the project preparatory technical assistance (PPTA) for the Project, six
pilot subprojects were chosen from a list from CHTRDP-I representing CHT geographic
variability (fringe lands, hills, plains) and ethnic groups, including IPs and non-IPs were selected
as pilot models that would later be replicated across the CHT. The Sapchari Para (village) at
Wagga Union is one of the selected subprojects.
5. Feasibility studies of the six subprojects are being carried out through evaluating various
socioeconomic factors as well as with consultation and participation of the stakeholders.
Sapchari Para at Wagga is the only subproject where a detailed study on the land acquisition
and resettlement (LAR) issue has been undertaken for the proposed union road construction
during CHTRDP-II. The union road will be a part of Component B. Rural Roads.
6. This subproject is located in Kaptai Upazila of Rangamati District. Construction of the 2.1
kilometers (km) concrete footpath of 1.5 meters (m) width, capable of taking a baby taxi or
rickshaw van as well as facilitating all weather pedestrian access, will complete a 3 km access
way from Wagga Union Road junction through Sapchari Para to Sapchari Moin para that was
proposed in CHTRDP-I (0.9 km of union road was completed in Phase I). This is one of the
major components of this subproject in this phase. The principal objectives of this component of
this subproject are:
• Provide accessibility of the villagers in Wagga Union from the main road for all
kinds of development;
• Improve the literacy and level of education to the new generation of this union by
providing good accessibility to the educational institutions;
• Improve the economic condition of the villagers by facilitating the marketing of
their jhum and other agricultural and forest products through good road
accessibility; and
• Increase the mobility of the villagers; facilitate their access to health and other
facilities, and employment opportunities in nearby urban areas.
7. This Land Acquisition and Resettlement Plan (LARP) is indicative given that the
subproject has not been fully investigated and the design has not been finalized at the time of
the PPTA. As part of the LARP field investigation during Project implementation, a census or
socioeconomic survey (SES) and inventory of losses (IOL) will be undertaken following the
detailed design (DD) carried out by an independent engineering company, hired by the CHTRC,
to indicate all affected persons (APs) and businesses and the extent to which they would be
affected as well as their socioeconomic, with reference to their lost and residual
properties/assets in the locality. All this information will then form the basis for revision/updating
of this LARP after finalization of the design.
II. SAPCHHARI PARA DESCRIPTION
8. The Sapchari Para, Wagga Union Road subproject is located in Wagga Union of Kaptai
Upazila, Rangamati District. The subproject is situated in the west of Rangamati District, at a
distance of about 23 km from Rangamati District Headquarters, adjacent to the Rangamati-
Kaptai Road, connected by a small bridge (45 m) built under CHTRDP-I, spanning the Wagga
River. The Rangamati-Kaptai Road, via the CHTRDP-I built Union Road, provides access to two
main ‘collection’ markets, Ghagra (8 km) and Baraichari (7 km) where, twice a week farmers
take their produce. The first phase union road is herring bone brick (HBB), currently used as a
foot path as well as for bringing village produce from upstream to the main Rangamati-Katpai
Road, either by mini-truck, passenger jeep/micro-bus (chander gari) or baby taxi (three-wheeler
auto rickshaw).1 Buyers from Chittagong or Dhaka or their agents come in large numbers to
these markets. These two markets are very congested with narrow lanes; fruits and vegetables
are sold on the road and loaded on trucks. A popular demand is to set a large spacious shed for
buying/selling and parking space for trucks and this will be addressed under another component
of the Project.2
9. The Para has gained importance because of the Wagga Junior High School adjacent to
both the existing CHTRDP-I-built Union Road (and bridge) and the Rangamati-Kaptai Road. A
few shops beside the main road and an occasional assembly market is organized to sell village
produce to external buyers (Beparis). Hill Flowers, a nongovernment organization (NGO) active
in hill conservation supported by Arannyak Foundation, has a branch office next to the high
school. This local NGO has been actively promoting horticulture in the Wagga watershed
villages. Hill Flower had by 2009 supplied 1,000 fruit plants for each village along the Union
Road. It also provided mahogany, gorjon timber trees to plant these in the river bank to protect
1
Villagers collect their production from jhum fields to carry them to the constructed road. Then they hire vehicles
according to their quantity of goods to take them to the main road or to the market places. In that respect baby taxi
and jeeps are used mostly for carrying goods. On the other hand, trucks are hired for timber and bamboo
collection. In addition, there are two vans in Sapchari, owned by two villagers, which also to carry goods to the
main road.
2
This section draws on the Micro Agribusiness Development (MAD) Component Report, October 2010 as well as
the Wagga SES conducted about the same time, as well as the Asian Development Bank 2010. Chittagong Hill
Tracts Study on Potential for Integrated Water Resources Management, February, for which a preliminary study of
Sapchari Para, Wagga was prepared, focusing on the impacts of the new Union Road.
against bank sliding. The villagers and above mentioned NGO are hoping to benefit in future
from marketing of mixed fruits if there is a possibility to complete the Union Road.3
10. Sapchari Para covers about 13,000 acres of land. The villagers claim that about 4,500
acres of land is registered and the rest is used or owned by the villagers by customary right, in
line with the traditional system of the IP community. According to the Wagga Socioeconomic
Study, carried out in October 2010, this para is inhibited solely by the Tanchangya ethnic group.
All 48 households of this para have homestead land and houses, but 36 families own
agricultural land, and 12 families are landless, i.e., they do not have any agricultural land.
Sapchari Para appears to be a reasonably well off village in terms to income, housing,
education, physical access to roads, and in terms of other important factors. Figure 1 below
shows, very roughly, the existing Union Road (0.9 km) built during CHTRDP-I and the proposed
new concrete footpath (2.1 km), as well as the Rangamati-Kaptai Road, Wagga River, and the
new union road bridge that now traverses the river.4
Figure 1: Location of Existing Union Road and Proposed Concrete Path, Sapchari
Para/Mouza
3
Asian Development Bank 2010. Chittagong Hill Tracts Study on Potential for Integrated Water Resources Management, February,
preliminary study of Sapchari Para, Wagga. The number of total households and number of male female were taken from a
survey by Hill Flower, a local NGO in Rangamati District Headquarters. But not all the villages were visited, due to their remote
distance from the constructed union road, on difficult hill paths.
4
These roads are superimposed on a Participatory Village Map (PVM) Board posted at the beginning of the Union Road, seen from the Rangamati-
Kaptai Road. Note that in PVM exercises carried out under Indigenous Peoples Plan (IPP), the PVM Boards will be in Bengali. This was a pilot
exercise carried out in Sapachari Para.
11. From Sapchari Para, the proposed concrete footpath will serve villages upstream in the
vicinity of Sapchari Moin which are included in Sapchari Mouza,5 the lowest unit of land
administration in Bangladesh, just below the union. These villagers have reported that they are
already benefiting from the first project union road, which has increased the price of their goods
due to increased accessibility of businessmen. The villagers are growing more crops as the
union road bridge has made marketing assurance for whole year; and respondents showed their
interest towards planting fruit trees instead of reliance on timber, which may have positive long
term impacts for the watershed. More people are reportedly aware about the long term
environmental aspects of relying on cutting timber trees, whereas fruit trees will provide fruit in
every year without destroying watershed forests. So fruit trees are thought to be good for
environment and commercially beneficial as well.
12. The villages in the Sapchari mouza, which includes the six villages in Table 1 and
incorporates the watershed around the union road, are located along on the surrounding foot
hills or on the slope of the hills. The proposed alignment of the footpath of this subproject area is
characterized by hills and undulating land with small amount of flat and gentle slope land. The
proposed path will go up hill by following more or less an existing stream (Sapchari Chola) that
feeds into the Wagga River, parallel to the main Rangamati-Kaptai Road, where a number of
other small streams have also joined in.
Table 1: Upstream Paras Potentially Served by the Concrete Footpath6
# Paras Households Population IP Group From Main Road
1 Sapchari, 48 Tanchangya 0.0
2 Tripurachari 21 Tanchangya 0.5
3 Sapchari Moin 30 Tanchangya 3.5
4 Doluchari Moin 18 Tanchangya 4.0
5 Bullayingach Moin 30 Tanchangya 8.0
6 Boradom 300 Chakma 9.0
Total 447
13. A new small-scale business community has been developed near the Wagga Junior
High School, along the main road after the union road construction. The villagers report that
before the bridge, there were very few people engaged in small business; but now, from the
upstream villages, there are many people who have started small trading, in terms of buying
and collecting goods from the villages and sell produce to the market. Both on market days, as
well as non market days, they collect vegetables and fruits from different points of the upstream
villages and take the products to Rangamati, Ghagra, Boroichari and even to Chittagong.
Villagers in Sapchari Para report foot traffic through the existing bush track (which is so
overgrown it is impossible to spot without a local guide, presently) at a rate of about 100 return
trips (each of over one hour) per day, of which about 30 are children accessing the schools. In
Sapchari Para some of the small traders collect turmeric and other goods at a cheap price and
store them in their houses. Afterwards, they sell the goods to other businessmen in the nearby
market towns when the price is up.7
14. The Sapchari Para inhabitants are mostly educated, and currently all their children are
going to school, even with a very difficult situation reaching the school in the rainy season.
Since the bush track is very difficult to follow presently, children from upstream usually walk to
school by following the stream bed. The children, especially at the primary school level, face a
serious problem during flash floods and heavy rainfall.
5
The Mouza consists of more than two villages headed by Headman. An alternative spelling is Mauja.
6
Ibid.
7
Ibid.
15. On the other hand, the completed section of Union Road, especially the bridge over the
Wagga River, is reported by villagers to have increased easy access to schools and colleges.
There are 35 students (26 female and 9 male) from Doluchari Moin and Sapchari Para who go
to the Sapchari Wagga Junior High School and Rangamati College. They require 1.5 hours
walking to reach school and 2 hours for returning to their villages, due to having to climb steep
hills. Before the bridge construction, they needed to cross the river by wading, which was
difficult for the female students, particularly in the rainy season. Now the problem has been
solved. However, to ensure their regular access to school they require full implementation of
another 2 km of access.
16. In spite of improved connectivity between the upstream villages due to the relatively new
union road bridge, primary level students are still often deprived from regular studies. The only
government primary school is in Dulochari Moin, where students from Sapchari Para also study.
There are three teachers including two assistant teachers and the headmaster. They are not
local and live in Rangamati town. However, due to the difficult transport system, most of the
time the teachers are absent from the school. As a result, very often the students have to return
home without attending school.8
17. All families depend mainly on agriculture as the main source of their livelihood. However,
several persons work as regular employees in private enterprises or in government
departments. The whole village is hilly, with some small amounts of plain land, where
homesteads, schools and other community infrastructure is located and some agricultural
production takes place. The farmers of this village produce mainly ginger, turmeric and banana
as cash crops. Other products are yam, brinjal, papaya etc. The Para also produces some jhum
crops. Land ownership rests with the heads of the households, who are mostly men.
18. Women members of the Sapchari Para families actively participate in agriculture. The
female villagers have reported that the Wagga River, prior to the union road bridge, was a big
constraint for them to go outside of the village in terms of going to market, visiting relative’s
houses, hospitals and different organizations. Similarly as most of the Little Flower NGO
workers are female, field staff was also unable to visit regularly the upstream villages due to the
increased water level in the river. Now women are very visible on the main road. They can help
their families to carry the produced goods to the main road before market day as well as other
days. Now women’s involvement with the Little Flower NGO has increased and women report
that they can more easily go to a hospital in case of pregnancy for routine checkups and for
delivery.
19. Since the last few years the Para villagers are gradually moving away from jhum
(swidden) rice, banana, spices and vegetable production towards mainly permanent farming of
fruit, such as mango, and litchi and timber plantations. Fruit and vegetable production within
homesteads is also important. Landless families usually lease land (currently at the rate of
Tk8,000-Tk9,000 per acre per season) or do sharecropping. Villagers are adopting modern
technologies for cultivating all crops, including cereal, but mainly for horticulture.
20. The trend in the village as well as in the whole Wagga union is to convert hilly land
(slopes) into mango (Amrapali and Raong varieties), litchi and guava orchards. The main
incentive is the good and steady price of these fruits and regular annual income as opposed to
Jhum cultivation. For example, one farmer gave his estimates as follows: he earned Tk800,000
against an annual investment of Tk300,000 from his 5-acre mango orchard. All households
produce ginger and turmeric but commercial production of banana is limited to about 10
families. Other products such as Arum/Yam, Brinjal (Eggplant), and papaya are produced
8
. Ibid.
around the homesteads or in very small pieces of land for family consumption and sold in local
markets, if surplus is generated.
21. During the Rabi (Winter) Season farmers, as in other places, opt for winter vegetables
such as tomato, cauliflower, radish, bitter gourd, brinjal, and potato but only brinjal, cauliflower
and potato are produced by 10-20 households at a commercial scale. Within the winter crops,
brinjal, cauliflower and potato are most profitable subject to good price and disease free
production season. Almost all households raise indigenous poultry birds for family consumption
and occasional sale, and about 50% of families raise 1-5 cows for milk and calves.9
Figure 2: Location of Sapchari Para in Rangamati District, CHT
22. Typically in Sapchari Para, about 51% of the population is male and 63% of both sexes
are under 30 years of age. Women of this subproject area do all household work as well as
work in the field.
9
One farmer reported his initiative of large-scale production of local birds same as broiler but lost them due to
spread of disease. But the scope for expansion using semi-scavenging technique is very good if vaccination
service is ensured. Similarly, cow rearing (red Chittagong variety) is very popular and profitable because of free
green grass available in the hills. Farmers report that sometimes they either do not milk the cows or use milk for
family consumption and sometimes, the surplus is converted to yogurt for sale. The main objective is to fatten cows
and getting calves, which are sold for good price in local and Chittagong markets.
23. It is expected that implementation of the subproject will generate additional employment
(including short-and long-term) and agricultural production and combined with the impacts of
associated project components (such as market facility upgrade) there will be a multi
dimensional effect on the socio-economic development of the area. In particular, implementation
of the subproject will:
• Reduce the carrying cost of, and time to transport agricultural products to the
market;
• Increase the use of modern technological inputs in agricultural production;
• Increase crop production and cropping intensity;
• Provide farmers with a better market price;
• Increase employment opportunities; and
• Enhance quality of life through access to health, education and other services in
the vicinity.
24. However, there will of course be some negative impacts, such as APs losing their land,
assets, and potentially their livelihoods. However, in this para nobody will be displaced from
their homestead or business premises. The para will also not lose any community property. The
negative LAR impacts will be minimized through providing adequate compensation, as well as
through mitigation measures for preventing Project-induced impoverishment. Enhancement of
socioeconomic development and protection of seriously affected persons (SAPs) are features of
this LARP.
III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT (LAR)
A. Data Collection Methodology
25. Primary data have mainly been collected from head of the project-affected households
(HHs) through a house-to-house socioeconomic survey (SES) using a structured questionnaire,
provided in Annex 1, that also provided an inventory of losses (IOL). Some of the enumerators
were deployed from the local community as they could understand the local language, easily
communicate with APs and collect information properly. The consultant’s field enumerators
were extensively trained in a one day orientation session. A reconnaissance visit was done to
the subproject site before starting the SES/IOL.
26. An experienced survey team with one management information system (MIS) Specialist
was engaged to provide the necessary technical services to undertake a detailed SES/LOI as
well as a market survey of the affected properties to determine replacement value. The MIS
Specialist also provided technical assistance for data generation, report preparation, and so
forth.
27. The field enumerators consulted documents and maps provided by the local LGED office
and collected data by consulting members of each HH along the indicative ROW. Along the 2.9
km alignment, a total of twelve households were identified who would potentially be affected.
The SES/LOI was done for 100% affected HHs. The survey consultant prepared a sketch map
(Figure 1) of the alignment showing area of land with length and owners of the respective land.
A property valuation survey was conducted through a structured questionnaire by interviewing
different categories of 10 persons, for collection of market rate for affected land, trees, and other
assets (Annex 2). The enumerators also carried video documentation of the structures along the
right of way (ROW).
B. Estimated Scope of LAR Impacts
28. The Local Government Engineering Department (LGED) provided a sketch map of the
Sapchari para new Union Road, as it was originally designed before a concrete footpath was
agreed upon as more suitable for the area (Figure 3 below). The alignment was to be 2.1 km
long and 18 ft wide, however now it will be 2.1 km long and 1.5 m wide. The sketch map does
not show slopes or a well defined road ROW, so how land needs to be acquired can only be an
approximate estimation. The proposed alignment is through hilly and undulating terrain, with
numbers of small streams to be crossed, adding to the difficulty of identifying the proposed
alignment.
Figure 3: Sketch Map of the New Alignment of Proposed Concrete Footpath of Sapchari
Para
29. Approximately 66 decimals of land (0.66 acres or 0.27 hectares) land will be required to
acquire for construction of the new road. Most of this land is on the hill or at foot hill and the
road goes upstream along the existing stream. In some cases it seems that some hills need to
be cut. All the potential APs along the roughly identified RoW claim that they are losing
registered owned land. It means the Deputy Commissioner (DC) will compensate through Cash
Compensation under Law (CCL) for their loss. The verification of the ownership of land will be
finalized at the time of preparation of Land Acquisition Plan (LAP) needed for DC processing of
CCL, after finalization of the detailed design (DD). However, the ownership will not be clarified
until the notice under Section 3 is served by the DC office10 and the area verified by the Joint
Verification Team (JVT). Nevertheless, for the purpose of this LARP these lands are considered
as privately owned.
30. Acquisition of about 0.27 ha land will not lead any dislocation but will take away land,
trees, and crops of 12 persons requiring compensation. They will lose their land/trees either in
whole or in part. Only two persons will lose only arable land. The remaining 10 will lose both
land and trees. The total population to be affected from these 12 households is 72. However,
four households will lose more than 10% of their land and so will be SAPs. None of the
household is female-headed.
31. All the APs will be identified by their type of losses through IOL, census, and
socioeconomic survey (SES) after the DD is finalized, estimated to be third quarter of 2011.
ADB's Safeguard policy and best practices in Bangladesh regarding assistance to the
development induced affected persons have been disclosed to the APs and stakeholders during
the survey of the present subproject area in October 2010. In response to that their opted
preferences for resettlement/rehabilitation assistance have also been listed during the survey
period through focus group discussion (FGD) as well as questionnaire survey. This discussion
will be further elaborated by covering more people and additional mechanism like participatory
rapid appraisal (PRA), stakeholders’ discussions during the census and SES after finalization of
the design. The information collected through FGD and sample survey is going to be utilized to
revise the LARP for this subproject.
32. Of the 12 affected HHs, five are losing more than 30 decimal of land due to the
subproject. These APs follow traditional values and follow their own traditional rules in land
transactions. The indigenous people (IPs) have separate rules and regulations regarding these
land transactions. They do not sell their land outside their ethnic community. For this reason
most of the land owners own their land by inheritance. Only two HHs will lose only arable land;
and remaining ten will lose both land and trees. The Table 2 below shows the quantity of total
land in decimals, the affected area, and the residual land, against the name of HH heads.
10
Section 3 is the notice of land acquisition action under the Rules for the Land Acquisition Ordinance, 1982, which
supports the CHT (Land Acquisition) Regulation, 1958, the most important legal instrument for the government with
regard to land acquisition in the CHT.
Table 2: AP/SAP Total, Affected, and Residual Owned Land (Decimal),11
with Percentage of Loss
# Name of Owner Total Owned Affected Residual Percentage
Land (in Area of Land of Loss
Decimals) Land
Severely Affected Persons (SAPs)
1 Odimohon Tangchanga 63 12 51 19%
2 Sukkromoni Tangchanga 64 10 54 15%
3 Kajopro Tangchanga 67 8 59 12%
4 Mikromoni Tangchanga 92 9 83 10%
Affected Persons (APs)
5 Dhanucharan Tangchanga 70 5 65 8%
6 Rabichandra Tangchanga 115 8 107 7%
7 Provat Kumar Tangchanga 51 3 49 5%
8 Endolal Tangchanga 56 2 55 3%
9 Bishawacharan Tangchanga 121 2 119 2%
10 Milon Tangchanga 210 2 208 1%
11 Tejendra Tangchanga 815 4 812 0%
12 Ojidh Kumar Tangchanga 710 2 708 0%
Total (Average) 2,434 66 2,368 (3%)
Source: Wagga SES/LOI, October 2010 Note: 100 Decimals=1Acre, 2.47 Acres=1 Hectare
33. Traditional jhum cultivation on the medium small hill is gradually reducing down. These
days the cropping pattern has changed and rather than jhum, spices predominate, mostly
ginger, turmeric, as well as banana, vegetables and mixed fruits. In other words multiple types
of crops are grown. At present, most of the project affected area is being used for agriculture,
orchard and forest land. It is a rural area with a primary economy based on agriculture. It is
evident from the socio economic survey, they produce high value timber trees like Teak,
Gamari, etc. Interestingly they have started cultivation of orange, mango and litchi. Considering
the use of land and cropping patterns, three categories of land have been found within the
alignment as affected and among these types orchard was lost more than other categories of
land.
Table 3: Category Affected Land (Decimal), by Percentage
Type of Land Quantity of Land (Decimal) Percentage
Orchard 33 50
Forest 25 37
Multi crop 5 7
Others 4 6
Total 66 100%
Source: Wagga Socioeconomic Survey, October 2010
34. The potential APs along the footpath to be constructed have expressed their expectation
to receive compensation for loss of trees/crops on the uphill side of the road caused by
landslides after hill cutting for the road. The LARP budget has indicative costs of crop/tree direct
compensation, but LGED will take appropriate measure to prevent any land slide after project
implementation and these longer term compensation costs have not been included.
35. Along the RoW, some fruit orchards and timber trees will be affected. A total of 858 trees
of nineteen species may be affected by the subproject. Of the total, 629 are timber trees, 73
11
100 Decimal = 1 Acre. Bangladeshi agrometrology unit of measurement, a traditional measuring unit.
percent, and 229 trees, 27%, are fruit bearing. Considering the girth of the trees, only 19 are
large, 315 are medium, 284 are small, with 241 saplings.
Table 4: Number of Affected Trees by Type (Timber/Fruit) and Size
Category of Large Medium Small Sapling Total %
Trees
Timber 3 254 223 150 629 73
Fruit Trees 16 62 61 91 229 27
Total 19 315 284 241 858 100%
Source: Wagga SES/LOI, October 2010.
36. The tree categories are shown in Table 5 below.
Table 5: Species of the Affected Trees, by Size
Name of Tree Big Middle Small Sapling Total
Gamari 3 254 213 10 479
Shishu 1 0 10 40 51
Banana 0 50 0 0 50
Mahogony 0 0 0 45 45
Orange 0 0 0 35 35
Garjan 0 0 0 35 35
Guava 0 0 5 27 32
Mango 11 3 3 11 28
Tamarind 0 0 25 0 25
Amloki 0 0 20 0 20
Titia 0 0 0 15 15
Litchi 0 2 0 10 12
Bettle Nut 3 3 5 0 11
Jackfruit 3 2 3 3 10
Segun 0 0 0 5 5
Shajna 0 0 0 4 4
Lemon 0 3 0 0 3
Boroi (Kul) 0 0 0 1 1
Bel 0 0 0 1 1
Total 19 315 284 241 858
Source: Wagga SES/LOI, October 2010.
IV. SOCIOECONOMIC PROFILE OF THE AFFECTED PERSONS
37. Socioeconomic profile of all the estimated APs has been made here based on the 100%
of the sample survey from the total listed affected households (12).
38. According to the SES, the affected HHs are primarily comprised of male household
heads, wife, offspring, mother, and grandchildren. The important thing is the IP populations are
still maintaining a tradition of living with senior members of their family. Most of the families are
found to be joint or extended families (Table 6).
Table 6: Family Composition
Family Composition Frequency %
Son 16 22
HH Head 12 17
Wife 11 15
Daughter 11 15
Sister In Law 7 10
Grand Son 6 8
Grand Daughter 5 7
Vabi12 2 4
Mother 1 1
Brother 1 1
Total 72 100%
Source: Wagga SES, October 2010.
39. Along the new footpath alignment from the end point of the constructed road at Sapchari
para (end of brick road) a total of 12 land owners have been identified. According to the SES, a
total of 72 people will be affected in these households of which 38 are female (53%) and 34 are
male (47%). The average household size is six, which is little bit higher than the national
average (5.4).
Table 7: Total Affected Population by Gender and Percentage
Population Number of Population Percent
Female 38 53
Male 34 47
Total 72 100%
Source: Wagga SES, October 2010
b.
40. Among the affected population, most are found in the 11-20 age group, 26 percent,
followed by the 21-30 age group, at 22%. Some 12 percent are found among the 60 and older
age group. The life expectancy of males, with 16 percent at 60 or over appears to be greater
than that of females, with only 8 percent over 60 years.
12
Sister in law, specifically elder brother's wife.
Table 8: Age of Population by Gender
Age Group Male % Female % Total %
11-20 7 21 12 32 19 26
21-30 9 27 7 18 16 22
1-10 4 12 6 16 10 14
31-40 4 12 5 13 9 13
41-50 4 12 5 13 9 13
51-60 3 8 3 8 6 8
Above 60 3 8 0 0 3 4
Total 34 100% 38 100% 72 100%
Source: Wagga SES, October 2010
41. The SES revealed that most of the people are married after twenty years of age. Child
marriage is not found in the community. No people remain unmarried after age thirty. The age at
marriage of female starts somewhat earlier than male. Interestingly there is no widow found
among the twelve affected HHs.
42. Most of the APs rely on agriculture, with the hilly area especially feasible for horticulture,
forestation, and multi-crop cultivation. Although no female affected person (AP) was identified
as an agriculturalist, they contribute to a great extent in the agriculture sector. During the
survey, female APs mentioned their profession as housewife, ignoring agriculture. More than 10
percent of females are found in Government or Non-Government service, obtaining wages. It is
evident that the IPs prefer to be service holders rather than businesspersons. The educated
people are doing service in government and non-government organizations. One of the causes
may be that there is a special quota for the tribal or IPs in Government service. Some of the low
income groups earn their livelihood from day laboring.
Table 9: Occupation by Gender and Percentage
Occupation Male % Female % Total %
Agriculture 19 56 9 24 28 39
Student 6 18 10 26 16 22
House Wife 0 0 10 26 10 14
Children 4 11 3 8 7 10
Service 3 9 4 10 7 10
Disabled 1 3 1 3 2 3
Unemployed 0 0 1 3 1 1
Business 1 3 0 0 1 1
Aged 34 0 38 0 72 0
Total 68 100% 76 100% 144 100%
Source: Wagga SES, October 2010
43. One of the significant observations is that despite many problems, these indigenous people
are giving high importance to education moving forward. The numbers of school going children
are increasing. Today, no family can be found without school going children and female children
are more advanced in this regard. The highest percentage goes to secondary level. Table 10
shows that some 15 percent remain illiterate and some four percent can only sign name, but
these people are by in large elderly people.
Table 10: Level of Education by Gender
Occupation Male % Female % Total %
Primary 6 18 11 29 17 25
Secondary 9 27 5 13 14 19
SSC 6 18 7 18 13 18
Illiterate 4 11 7 18 11 15
Children 4 11 3 8 7 9
HSC 2 6 3 8 5 7
Can Sign Only 2 6 1 3 3 4
Masters 1 3 1 3 2 3
Total 34 100% 38 100% 72 100%
Source: Wagga SES, October 2010
44. The major source of income for the affected HH as identified by the SES is from
selling agricultural products. In addition, there are timber and fruit trees and some APs have
service positions. The average yearly income per household is TK. 144,583. The range is
from Tk. 36,000 to Tk 300,000.13 Considering their occupation, level of income, ownership of
properties and overall standard of living, the affected HHs think of themselves as ‘middle
class.’
Table 11: Level of Household Income (Yearly)
Level of Income Number of HHs Percent
120,001-180,000 5 42
60,001-120,000 4 33
More than 180,000 2 17
Up to 60,000 1 8
Total 12 100%
Source: Wagga SES, October 2010
13
One person out of the twelve affected HHs has an income of Tk 300,000 per year.
V. RESETTLEMENT POLICY FRAMEWORK
A. CHT Legal Framework
45. Many of the laws that apply to the rest of the country, including the Code of Civil
Procedure, 1908 and the East Bengal State Acquisition and Tenancy Act, 1950 and the Land
Acquisition Ordinance, 1982 do not apply to the region. The CHT Regulation of 1900 is the
single most important law for the CHT. The Regulation functions in the nature of a constitutional
legal instrument and vets the application of other laws that apply to the region, among others, by
specifying the nature and extent of application of those laws. Other special laws that apply to
the CHT include the CHT Land Acquisition Regulation, 1958, the Hill District Councils Acts of
1989, the CHT Regional Council Act of 1998 and the CHT Land Disputes Resolution
Commission Act of 2001.
46. The Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982)
and its subsequent amendments in 1993 and 1994 provide the current legal framework in
Bangladesh outside the CHT governing land acquisition for public purposes. The 1982
Ordinance covers all cases of acquisition and requisition of immovable property (i.e. land, crops,
built structures) for any public purpose or in the public interest. This Ordinance does not cover
Project APs without title or ownership records, such as Uthulies (informal
settlers/squatters/encroachers), or khas land cultivators.14 Further, in most of the cases the
compensation paid does not constitute market or replacement value of the property acquired.
47. Land acquisition in the CHT is under a different legal framework from the rest of
Bangladesh. The CHT has had the status as a special region since the British period. Most of
the land in the CHT belongs to the Government either as Reserve Forest (RF) or as
Unclassified State Forest (USF). The Chittagong Hill Tract Regulation I of 1900 was the sole
legal instrument for the governance and administration of the CHT. Under the regulation the DC
could reoccupy land even though settlement of the same might have been given earlier. The
regulation prescribed payment of compensation for various interests in the case of land
acquisition.15
48. With the impending Kaptai hydro project dam construction, the Government found it
expedient to clarify the government’s authority for acquisition of a huge tract of land that would
be inundated, the Government replaced parts of the CHT Regulation I of 1900 with the CHT
(Land Acquisition) Regulation, 1958, which remains as the most important legal instrument for
the government with regard to land acquisition in the CHT (See Appendix B for an unofficial
translation the Regulation). After the PA of December 2, 1997 between the Government and the
14
Government land. The government has in its possession vast areas of land in the coastal region, where Char areas (accretions) appeared from the
bed of big rivers or sea by way of new formations. These were called khas land as were huge areas of land, originally belonging to big estates, but
later vested in the Court of Wards in due process of law and managed by government-appointed managers or agents. Added to these, were large
chunks of land acquired by the government for Railways and other big land-based projects. In addition, excess khas lands were vested in the
government in consequence of state acquisitions. These khas lands were managed directly by the government through government appointed-
managers or trustees (in case of trust properties) and/or by managers/shebaits/mutwallis (in case of religious trusts, debottars or waqf estates).
Further, land and buildings abandoned by their original owners as a sequel to the Partition of Bengal (1947) came within the management
responsibilities of the government, first as Abandoned Property or wench properties and later, as 'enemy' properties after the Indo-Pakistan War in
1965.
http://banglapedia.search.com.bd/HT/L_0047.htm
15
ADB; GOB, Ministry of Land. 2007. TA 4517-BAN, Development of a National Policy on Involuntary Resettlement. Draft Final Report. Annex 1:
Review of Land Laws and Regulatory Framework. Dhaka: Halcrow Group Limited, Bangladesh Consultants Limited, and Rural Management
Consultants Limited. August; KIT in association with SODEV Consult, CDP, ARCADIS EUROCONSULT, DPC 2001. Chittagong Hill Tracts Region
Development Plan (ADB TA # 3328 - BAN) Final Report No. 13: Legal Issues in the CHT. Rangamati: February. p. 25: 1.9 Law Relating to Land
Acquisition
PCJSS, several provisions of the Local Government Acts of 1989 were amended, so that the
Government cannot acquire land owned by an individual as per CHT Regulation 1 of 1900 or
under any rules of the Regulation without consultation with the HDC (Section 64).16 While the
CHT Land Acquisition Regulation 1958 applies to the CHT, no rules were developed to describe
how the Regulation would be applied in day to day land acquisition cases, so the rules
developed for the Land Acquisition Ordinance 1982 are applied to the CHT as well as to the rest
of Bangladesh.
B. ADB’s Involuntary Resettlement Policy
49. The ADB’s 2009 Safeguard Policy Statement (SPS) summarizes Involuntary
Resettlement Safeguards, as follows:
1. SPS Involuntary Resettlement Safeguards
Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary
resettlement by exploring project and design alternatives; to enhance, or at least restore, the
livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the
standards of living of the displaced poor and other vulnerable groups.
Scope and Triggers: The involuntary resettlement safeguards covers physical displacement
(relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land,
assets, access to assets, income sources, or means of livelihoods) as a result of:
o Involuntary acquisition of land, or
o Involuntary restrictions on land use or on access to legally designated parks and
protected areas
It covers them whether such losses and involuntary restrictions are full or partial, permanent or
temporary.
16
The Hill District Councils (Bandarban, Rangamati and Khagrachari) Act, 1998 (along with the Schedule – 1) is a major piece of legislation for the
decentralized governance of the CHT. This is a very broad authority which in practice the HDCs have seldom exercised till date. Their weak
institutional capacity and subservience to the ruling party may be the main explanation. Nevertheless, Section 64 of the HDCs Act states: a)
Notwithstanding anything contained in any law for the time being in force, no land within the boundaries of Rangamati (and Khagrachari and
Bandarban) Hill District shall be given in settlement without the prior approval of the Council and such land cannot be transferred to a person who is
not a domicile of the said district without such approval; and b) Provided that, this provision shall not be applicable in case of areas within the
Protected and Reserve Forests, Kaptai Hydroelectricity Project, Betbunia Earth Satellite Station, land transferred or settled in Government and
Public interest, land and forest required for state puLARPoses.
SPS Principles:
o Screen the project early on to identify past, present, and future involuntary resettlement
impacts and risks. Determine the scope of resettlement planning through a survey and/or
census of displaced persons, including a gender analysis, specifically related to resettlement
impacts and risks.
o Carry out meaningful consultations with affected persons, host communities, and concerned
non-government organizations.
• Inform all displaced persons of their entitlements and resettlement options
• Ensure their participation in planning, implementation, and monitoring and evaluation of
resettlement programs
• Pay particular attention to the needs of vulnerable groups, especially those below the
poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and
those without legal title to land, and ensure their participation in consultations.
• Establish a grievance redress mechanism to receive and facilitate resolution of the
affected persons’ concerns.
• Support the social and cultural institutions of displaced persons and their host
population.
• Where involuntary resettlement impacts and risks are highly complex and sensitive,
compensation and resettlement decisions should be preceded by a social preparation
phase.
o Improve, or at least restore, the livelihoods of all displaced persons through:
• Land-based resettlement strategies when affected livelihoods are land based where
possible or cash compensation at replacement value for land when the loss of land does
not undermine livelihoods
• Prompt replacement of assets with access to assets of equal or higher value,
• Prompt compensation at full replacement cost for assets that cannot be restored, and
(iv) additional revenues and services through benefit sharing schemes where possible.
o Provide physically and economically displaced persons with needed assistance, including
the following:
• If there is relocation, secured tenure to relocation land, better housing at resettlement
sites with comparable access to employment and production opportunities, integration of
resettled persons economically and socially into their host communities, and extension
of project benefits to host communities
• Transitional support and development assistance, such as land development, credit
facilities, training, or employment opportunities; and
• Civic infrastructure and community services, as required.
o Improve the standards of living of the displaced poor and other vulnerable groups, including
women, to at least national minimum standards. In rural areas provide them with legal and
affordable access to land and resources, and in urban areas provide them with appropriate
income sources and legal and affordable access to adequate housing
o Develop procedures in a transparent, consistent, and equitable manner if land acquisition is
through negotiated settlement to ensure that those people who enter into negotiated
settlements will maintain the same or better income and livelihood status
o Ensure that displaced persons without titles to land or any recognizable legal rights to land
are eligible for resettlement assistance and compensation for loss of non-land assets
o Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and
livelihood restoration strategy, institutional arrangements, monitoring and reporting
framework, budget, and time-bound implementation schedule
o Disclose a draft resettlement plan, including documentation of the consultation process in a
timely manner, before project appraisal, in an accessible place and a form and language(s)
understandable to affected persons and other stakeholders. Disclose the final resettlement
plan and its updates to affected persons and other stakeholders
o Conceive and execute involuntary resettlement as part of a development project or program.
Include the full costs of resettlement in the presentation of project’s costs and benefits. For a
project with significant involuntary resettlement impacts, consider implementing the
involuntary resettlement component of the project as a stand-alone operation
o Pay compensation and provide other resettlement entitlements before physical or economic
displacement. Implement the resettlement plan under close supervision throughout project
implementation
o Monitor and assess resettlement outcomes, their impacts on the standards of living of
displaced persons, and whether the objectives of the resettlement plan have been achieved
by taking into account the baseline conditions and the results of resettlement monitoring.
Disclose monitoring reports
C. The Project’s LAR Policy
50. In 2007 a draft National Policy on Resettlement and Rehabilitation (NPRR) was
prepared under the Ministry of Land with the help of an ADB Technical Assistance (TA) Loan.
The NPRR is designed to address and mitigate both Project and Non-Project, i.e. river erosion
and slum eviction, induced impacts and displacement with provision for appropriate assistance
and rehabilitation. The NPRR is based on the premise that for achieving overall socioeconomic
development it is imperative to safeguard the interest of those affected who cannot absorb the
risks and costs of national development. This policy is still in the process of evaluation and
approval by the Government. As a result the 1982 Ordinance is still being followed for all the
cases of land acquisition and requisition throughout Bangladesh, with the exception of the CHT,
where the CHT (Land Acquisition) Regulation, 1958 applies.
51. In the absence of an approved Government policy consistent with the ADB’s recent 2009
SPS, this Project-specific land acquisition and resettlement framework (LARF) has been
prepared. The LARF will apply to this subproject and approved under the Project. This will
ensure that APs impacted by land acquisition – whether it is owned land or occupied through
formal or informal agreement or without any title or agreement – will be eligible for appropriate
compensation covering replacement value of their assets.
52. The LARF reflects the Government land acquisition laws/regulations as well as the
ADB’s recent SPS, which covers environmental, involuntary resettlement and IP polices. The
LARF stipulates eligibility and provisions for all types of losses, including land (and in this
Project, IP Common Land), crops, trees, fisheries and fish ponds, structures, business,
employment (workdays and wages) and social infrastructure.
53. ADB policy requires that APs and affected communities will be compensated and
assisted through replacement of acquired land, property, housing, infrastructure, resources,
income sources, and services, in cash or kind, so that their economic and social circumstances
will be at least restored to the pre-project level. All compensation is based on the principle of
replacement cost as guided by the ADB’s SPS. In the continued absence of a National
Resettlement Policy in Bangladesh, the SPS will form the basis for the Project’s LARF.
54. This LARF has been adopted to provide guidance on the Project’s resettlement and
rehabilitation issues in one sample subproject, and this will be a model for all future subprojects
to be prepared for this ADB-financed Project. This will ensure that persons affected by land
acquisition - whether titled or non-titled will be eligible for appropriate
compensation/resettlement benefits. Persons having no legal title but using the land - if acquired
for the Project use - will be provided with compensation and resettlement benefits for structures
and assets. The customary rights to land and physical property will also be recognized for: IPs
using any forest or khas land; for lessees of homestead, agricultural and commercial land;
sharecroppers, and renters of land and structures. Compensation will also be extended to APs
for loss of any asset including structures, fences, trees, plants or crops.
55. The LARF also endorses an income restoration strategy for SAPs. In addition to income
restoration and cash assistance, the LARPs will include opportunities for Income Generation
Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income
restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes,
losing more than 10 percent of their assets or income sources, and including non-titled persons
affected by the Project, will receive priority access to the IGAs.17 The Project’s Micro
Agribusiness Development (MAD) will provide opportunities for SAPs to choose IGAs
appropriate to their situation. MAD’s objective will be to increase the income of poor
households, with SAPs receiving priority through LARP budgetary provisions in addition to the
existing MAD budget, by promoting the development of market-driven micro agribusiness in four
selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and
cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market
facility development (to be financed under the rural roads component of CHTRDP-II) and action
research on potential high-value crops such as spicy leaf. Other options may be offered through
NGOs, such as in nurseries and livestock.
56. The Project’s resettlement planning and implementation will be carried out in full
consultation with the APs, and all efforts will be made to minimize disruption during Project
implementation. AP’s preferences will be taken into account in the selection of alternative
relocation sites (if any). A census will be conducted once the details of subproject works have
been identified. The date of the census will become the Cut-Off Date for resettlement benefits
and any encroachers or informal settlers after the date will not be entitled to resettlement
benefits. For the title-holders, in absence of any Rules for the CHT 1958 LA Regulation,
notification by the DC under Section 3 of the 1982 Ordinance, will constitute the Cut-Off Date.
43 In summary, the LARF will establish a dual process of acquiring land for the roads. One
process will be through CCL following the CHT LA 1958 Regulation with the Local Government
Acts of 1989 amended so that the Government cannot acquire land owned by an individual, as
per CHT Regulation 1 of 1900, without consultation with the HDCs. This process will go through
the DC’s office, which is standard throughout the rest of Bangladesh following the 1982 Land
Acquisition Act.
57. The other process, established through precedence over several decades addresses the
gap between the legal framework for land acquisition in Bangladesh (and in this case in the
CHT) and ADB’s IR Policy, originally established in 1995 and in 2009 supplanted by the
Safeguards Policy Statement (SPS), which combines environment, resettlement and IP
safeguard policies. This provides for grants, such as ‘top up’ land and structure payments under
CCL to market price/replacement levels, payment for shifting costs, grants for vulnerable APs
(women headed households, IPs, among others), and livelihood restoration grants for Severely
Affected Persons (SAPs) losing more than 10 percent of their land and/or shifting
residents/businesses.
58. In line with this latter process, the LARF will provide a grant for IP common land. This is
in line with ADB’s SPS respecting IP customary and ancestral lands, as well as international IP
conventions that Bangladesh is a signatory to. The LAR Framework outlines a process for
verifying registered and unregistered IP common land through the customary land management
based on the CHT Regulation I of 1900 that set up a land administration through Circle Chiefs,
Headmen, and Karbaris. Grants for IP Common land will be awarded to IPs and non-IPs alike
who have been certified by Headmen, Circle Chiefs and finally by the HTCs.
59. This process is necessary, as the CCL process does not formally recognized IP
Common lands. Instead, it defines such ancestral lands as ‘khas’ or ‘Government’ lands. In
addition, the LAR, in this context, will define a consultation framework to obtain the free, prior
17
Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of
their client base. They will however receive a business restoration grant.
and informed consent of affected IP groups where the project necessitates the acquisition of
ancestral lands of IP groups which will lead to physical displacement of such groups or
individuals. As shown in the due diligence visits described above, such displacement has
already occurred under CHTRDP-I and will doubtless occur under CHTRDP-II. The LARF also
defines grievance redress processes for both CCL titled land payments and for IP Common land
grants.
D. Objectives of the Land Acquisition and Resettlement Plan (LARP)
60. The Land Acquisition and Resettlement Plan (LARP) has been prepared taking into
account the findings of the sample survey data, field visit and meetings with different level of
stakeholders and FGD. The LARP identifies:
• The extent of losses
• The policies and legal framework applicable
• Provisions made for compensation payment and income restoration programs
• Provision made for facilitating/ helping the SAP, indirectly affected persons in re-
establishing their incomes
• Responsibilities of Chief Resettlement Officer (CRO), District Resettlement Officer
(DRO) and others in delivering and monitoring the implementation measures.
61. The primary objective of the LARP is to provide guidelines for compensation payments
for lost assets and rehabilitation of the APs in order to prevent impoverishment by the project
and instead provide support to sustain or develop their socio-economic condition.
E. Guidelines for Land Acquisition and Resettlement (LAR)
62. Land acquisition and resettlement of the project Affected Persons (APs), and facilitating
the SAP and indirectly affected persons in re-establishing their livelihood and income will be
conducted in accordance with the CHT Regulations of 1900 (popularly called, the CHT Manual),
the key legal reference for customary IP land administration, GoB’s Acquisition and Requisition
of Immovable Properties Act of 1982 and the ADB's safeguard policy guidelines requirements
and best practice followed in Bangladesh for resettlement of project affected persons for any
infrastructure project viz: (i) avoid involuntary resettlement where feasible, (ii) minimize
displacement by considering all alternatives where population displacement is unavoidable, (iii)
customary land right of IP people is ensured and (iv) ensure that displaced people receive
assistance so that they would be at least as well off as they would have been in the absence of
the project. The following are major elements of the policies/practices recommended by ADB:
1) Involuntary resettlement and loss of livelihood should be avoided where feasible;
2) Where population displacement is unavoidable, it should be minimized by exploring
all viable project options;
3) People unavoidably displaced should be compensated and assisted, so that their
economic and social future would be generally as favorable as it would have been
without the project;
4) The vulnerable APs should be provided with resettlement facilities or support to
resettle in proximity to their social groups and good communication network with
employment opportunities;
5) People affected should be informed fully and consulted on resettlement and
compensation options;
6) IPs will be entitled to have their customary land right
7) Maintain gender equity in resettlement planning and implementation;
8) Existing social and cultural institutions of resettlers and their hosts should be
supported and used to the greatest extent possible, and resettlers should be
integrated economically and socially in host communities;
9) The absence of a formal title to land by some effected groups should not be a bar for
compensation, particular attention should be paid to households headed by women
and other vulnerable groups, such as indigenous people and ethnic minorities,
elderly and disable persons and appropriate assistance provided to help them
improve their status;
10) As far as possible involuntary resettlement should be conceived and executed as
part of the project;
11) IPs will be entitled to have their customary right on natural resources
12) People who would be affected indirectly should be facilitated with regaining
opportunities of their livelihood and socio-economic status
13) Participation of the local community should be ensured through incorporating them in
different committees involved in planning through implementation process of RAP
14) The full cost of resettlement should be included in the presentation of project costs
and benefits.
F. LAR Entitlements
63. An Entitlement Matrix has been prepared on the basis of currently known impacts (Table
12). It identifies the categories of impact based on surveys carried out in the four subproject
areas and shows the entitlements for each type of loss. This entitlement matrix will be
applicable for this subproject where ever it is applicable or relevant. If new impacts are identified
later during preparation of LARPs for this subproject in future then such losses will be included
in the entitlement matrix and the LARP will be the appropriately revised.
64. By following the Project’s LAR policy all the affected people irrespective of their legal
status will be compensated for any kind of loss caused due to project implementation. The
customary right to the property of the IPs will be ensured. The losses will cover loss of property
(land, structure, trees, crops, common property resources and others), livelihood and other
unanticipated losses. They will receive compensation at replacement rate as assessed by the
census and Socio Economic Survey (SES), Land Market Survey (LMS), Structure Replacement
Value Survey (SRVS) and Tree Valuation Survey (TVS). Based on these survey data and
through own assessment, the Property Valuation Assessment Team (PVAT) will determine the
Maximum Allowable Replacement Value (MARV) of the lost property.
65. In the Project area two groups of people have been identified, IPs and Bengali people
(those plain-landers who came before and after the 1980s to the CHT). The IPs have three
kinds of land ownership: (1) Registered Land (from the DC) with proper documents; (2) Those
who applied for registration long ago (here, in line with the ADB’s SPS, termed as ‘legalizable’);
and (3) Common/Community Land used/owned through customary/traditional bondobosti
(lease) from the Circle Chief (CC) through appointed headmen. The Bengalis who came before
the 1980s have assimilated themselves with the IPs to a great extend and have more or less a
similar kind of land ownership system as the IPs. On the other hand the Bengalis who came
during and after the 1980s (locally called as ‘Settlers’) have legal papers of land ownership from
the Government. Some of them are enjoying their legally registered land, but many are unable
enjoy their land, which was in fact IP Common Land, categorized by the Government as ‘Khas’
Land. Through security concerns, many of them are squatting on other more accessible and
unprotected Khas land or have engaged in ‘land grabbing,’ taking IP land without either
Government or any other permission. In many of the above cases the Bengali ‘owned’ land
through Government document, given through the 1980s ‘transmigration’ program supporting
lowland Settlers who moved to the CHT, is simultaneously claimed by IPs through
traditional/customary rights outlined in the above LARF sections.
66. There are also some RF areas in the CHT where IPs have been living for generations, or
have been shelter for the Kaptai Dam refugees of the early 1970s. As these lands are owned by
the FD, compensation at replacement value (RV) will paid to the FD, not to IPs, for any acquired
land. However, APs on such RF lands will receive grants for their losses from the HDC, as
assessed by the PVAT.
67. In the Entitlement Matrix, all these issues have been addressed by identifying nature and
categories of loss by ownership, identified the Entitled Persons (EPs) through proper definition,
their entitlements for the losses because of the project. The matrix describes the units of
entitlements for compensating the lost assets, and various resettlement and rehabilitation
benefits. The matrix also addressed the implementation issues step by step with corresponding
responsible organizations to implement that.
68. The DC will compensate CCL according to the GOB’s regulations for loss of property on
registered land with approval of HDC; and an additional grant will be paid by HDC through the
NGO to cover the MARV. The HDC will also provide grants through the NGO to APs who do not
own any registered land but have customary/traditional leased land registered by the CC. The
HDC will also provide grants to squatters/informal settlers/encroachers or APs without any legal
status according to GOB ordinances if they are confirmed by Project census as users of the
acquired land.
69. The Entitlement Matrix also addressed loss of access to income, livelihood and common
property resources or any utility services by the APs. The HDC will take appropriate measures
to restore lost livelihood through providing training or other appropriate support for the APs.
Special attention has been given in the Entitlement Matrix for the vulnerable APs, including
female headed households, marginalized IPs, families with disable members, and others.
Vulnerable HHs will qualify for additional assistance/grant, as specified in the Entitlement Matrix.
70. All APs will be entitled to compensation and resettlement assistance based on severity
(significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance
will be limited by the Cut-Off Date. The cut-off date for compensation under law (Ordinance II of
1982 and its 1994 amendments) is considered for those identified on the Project ROW
acquisition at the time of serving of notice under Section 3 or joint verification by DC and the
Requiring Body (RB), in this case the HDCs, whichever is earlier. The Cut-Off Date eligibility for
resettlement assistance/grant under this LARF is the commencement date of the Census for a
given subproject. The absence of legal title will not bar APs from compensation or grants, as
specified in the Entitlement Matrix below.
Table 12: Entitlement Matrix and Responsible Implementation Agencies
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
18
1 Loss of Registered Land with Legal owner of the i. Replacement land or a. Assessment of quantity and a. DC, Hill District
proper document (Agriculture, land at the time of ii. Cash Compensation under Law (CCL), quality of land Council (HDC)
Commercial, Homestead, Hill, serving notice under Market Value assessed by District b. Assessment of Market
Jhum land, Pond, Orchard) Section 3 of LA Laws Collector (DC) plus premium as per Law, Value b. DC, HDC
Indigenous People (IP) and c. Assessment of MARV by c. HDC, Implementing
/Bengali migrants ii. Additional grant to cover Maximum Land Market Survey (LMS) NGO (NGO)
came before 1980s Allowable Replacement Value (MARV) of d. Title updating
land e. Payment of CCL d. DC,HDC
v. Stamp duty to facilitate land purchase f. APs will be fully informed of e. DC,HDC
v. Compensation for standing crops the entitlements and f. HDC, NGO
assessed by DC/ Property Valuation procedures regarding
Assessment Team (PVAT) payment
vi. Land development cost for homestead g. Additional cash grant to
loser (if applicable) assessed by PVAT cover the Replacement g. HDC, NGO
Value (RV) of land will be
paid before or /during
vacating the project site h. HDC-Chief
(even before receiving Resettlement Officer
CCL, if necessary) (CRO), NGO
h. Stamp duty will be due to
an EP in case of land
purchase within one year of
receiving CCL from DC i. DC, HDC
i. Compensation for standing
crops from DC
2 Loss of Land applied for Legal owner(s) of land i. As 1 if DC can declare the land a. Assessment of a. DC, HDC
registration long ago (DCs in case of legalizable, quantity and quality of
(legalizable) with proper identifying legalizable land b. DC, HDC
document (Agriculture, after verification) b. Assessment of Market
Commercial, Homestead, Hill, Indigenous People (IP) Value c. HDC/NGO
Jhum land, Pond, Orchard) /Bengali migrants c. Assessment of MARV
came before 1980s by LMS d. DC,HDC
d. Title updating e. DC,HDC
e. Payment of CCL f. HDC/NGO
f. APs will be fully
informed of the
entitlements and
procedures regarding g. HDC/NGO
payment
g. Additional cash grant
18
As almost all the APs losing partial housing/business structures own additional land beside the acquired part, it is expected that these households and/or business will remain on their own area but will rebuild
the structure on their remaining property. However, if the affected structures need to be relocated and the structure owner does not have any alternate land to rebuild and/or to re-establish their business,
he/she will be provided with an alternate residential/resettlement site or, if agreed by the AP, equivalent valuation (cash money) by the EA. This arrangement will be finalized through the Resettlement
Advisory Committee (RAC) after the SES confirms the AP’s situation and after consultation with the AP.
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
to cover the RV of h. HDC-
land. CRO/NGO
h. Stamp duty will be due
to an EP in case of
land purchase within
one year of receiving
CCL from DC i. DC,HDC
i. Compensation for
standing crops from
DC
3 Common land used/owned Owner/user of a. Assessment of a. HDC
through traditional bondobosti Common property i. Cash Grant as Replacement Value of the quantity and quality of
(lease) (Agriculture, leased in from land assessed by PVAT land b. HDC, PVAT
Commercial, Homestead, Hill, headman through ii. Grants for Compensation for standing b. Assessment of RV by
Jhum land, Pond, Orchard) traditional bondobosty crops assessed by PVAT LMS
system iii. Land development cost for homestead c. Payment of RV
loser (if applicable) assessed by PVAT d. APs will be fully c. HDC/NGO
IP /Bengali migrants informed of the d. HDC/NGO
came before 1980s entitlements and
procedures regarding
payment
e. Compensation for e. HDC/NGO-
standing crops from CRO
HDC
4 Common land used/owned IP Owner/user of i. Cash Grants as Replacement Value a. Assessment of a. HDC
through traditional bondobosti Common property of the land assessed by PVAT quantity and quality of
(lease) by IP but claimed by leased in from ii. Grants for Compensation for land b. HDC, PVAT
Bengali came after 80s through headman through standing crops assessed by PVAT b. Assessment of RV by
legal paper from the government traditional bondobosty iii. Land development cost for LMS
(Agriculture, Commercial, system homestead loser (if applicable) c. Payment of RV
Homestead, Hill, Jhum land, But assessed by PVAT d. APs will be fully c. HDC/NGO
Pond, Orchard) Bengali settler has informed of the d. HDC/NGO
legal government entitlements and
lease document of procedures regarding
ownership of land but payment
not in possession e. Compensation for e. HDC/NGO-
standing crops from CRO
Ownership or share of HDC
compensation will be
resolved through
Alternate Dispute
Resolution (ADR)
5 Bengali came after 80s Bengali settler i. Cash Grants as Replacement Value a. Assessment of a. HDC
used/owned land through legal owner/user of land of the land assessed by PVAT quantity and quality of
paper from the government but through legal ii. Grants for Compensation for land b. HDC, PVAT
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
IP claimed as owner of common government lease standing crops assessed by PVAT b. Assessment of RV by
land owned through traditional document iii. Land development cost for LMS
bondobosti (lease) (Agriculture, But homestead loser (if applicable) c. Payment of RV
Commercial, Homestead, Hill, assessed by PVAT d. APs will be fully c. HDC/NGO
Jhum land, Pond, Orchard) IP owner of common informed of the d. HDC/NGO
property by leased in entitlements and
from headman through procedures regarding
traditional bondobosty payment
system but not in e. Compensation for e. HDC/NGO-
possession standing crops from CRO
HDC
Ownership or share of
compensation will be
resolved through
Alternate Dispute
Regulation (ADR)
6 Loss of Reserve Forest Land Forest Department is a. Assessment of quantity and a. DC, HDC
(Agriculture, Commercial, the legal owner of the I. CCL (Market value assessed by DC plus quality of land
Homestead, Hill, Jhum land, land at the time of premium as per Law) and b. Assessment of Market b. DC, HDC
Pond, Orchard) serving notice under II. Additional grant to cover MARV of land Value c. HDC/NGO
Section 3 of LA Laws III. Compensation for standing crops /trees c. Assessment of MARV by
assessed by DC/PVAT LMS d. DC,HDC
IV. Land development cost for homestead d. Payment of CCL e. HDC/NGO
loser (if applicable) assessed by PVAT e. APs will be fully informed of
the entitlements and
procedures regarding
payment f. HDC/NGO
f. Additional cash grant to
cover the RV of land will be
paid before or /during
vacating the project site
(even before receiving g. i. DC,HDC
CCL, if necessary)
g. Compensation for standing
crops /trees from DC
7 Loss of Homestead/ Commercial Legal owner of the i. CCL a. Assessment of no. and a. DC,HDC
and Other Infrastructure by land at the time of ii. Additional grant to cover RV of the quality of structure
Owner (Registered land) serving LA notice structure b. Assessment of market b. DC,HDC
Section 3 as recorded iii. Transfer Grant (TG) @ 12.5% of the value c. NGO/HDC-CRO
in the LA award Book value of non-masonry (kutcha) and semi- c. Assessment of MARV by
pucca and 5% for masonry (pucca ) LMS d. DC
structure assessed by PVAT d. Title updating e. DC
iv. Owner will be allowed to take all e. Payment of CCL f. NGO, HDC-CRO
salvageable materials (free of cost) f. APs will be fully informed
without delaying the project work of the entitlements and
v. Re-Construction Grant (RCG) @ 12.5% procedures for getting g. HDC-CRO/NGO
of the value of all structures assessed by those
the PVAT for titled owners g. Additional grant to cover h. HDC-CRO/NGO
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
vi. Special assistance for Female the MARV of the structure
Headed/Vulnerable h. Allowed to take away the i. HDC-CRO/NGO
Households/Marginalized IPs @ Tk salvageable
2,000, Tk 3,000 and Tk 5,000 for kutcha, i. TG @ 12.5% or 5% of the
semi-pucca and pucca structure assessed value of the j. HDC-CRO/NGO
vii. Land/Homestead Development Grant structure
(LDG/HDG) assessed by PVAT (if j. RCGs @ 12.5% of the
applicable) assessed value of the k. HDC-CRO/NGO
viii. Special Assistance of Tk 5,000/ for structure
Vulnerable Households having disabled k. Special Assistance to
member in the family Female Headed
Households/Marginalized l. HDC-CRO/NGO
IPs by category of the
structure
l. Homestead loser will be m. HDC-CRO/NGO
eligible to get Homestead
Development Grant
m. Special assistance to
Vulnerable Households
with disabled family
member
8 Loss of Access to any Cultivable Farmers, tenants and i. Grants for Transition Allowance a. Individuals identified by the a. NGO, HDC
Land /pond by Farmers, Tenant/ sharecroppers of the equivalent to one year's net income from census/SES as farmer,
Sharecroppers including land under contract as the cultivable land to farmer, tenant/ tenant or sharecropper of
cultivators of common land identified by the SES sharecropper, based on Existing Market land b. HDC- CRO/NGO
to be compensated Value (MV) assessed by PVAT of the b. Cash grant as determined
during implementation crops/fish by assessment will be paid
of LARP after taking possession of c. NGO HDC
the land
c. The land owner
(registered/leased in from d. NGO/ HDC
headman) certifies the
tenancy
d. SES will identify the farmer
(cultivator of common
land), tenant /share cropper
and endorsed
9 Loss of Trees/Perennials on Persons with i. Market price of the tree as CCL a. Assessment of loss and a. HDC/NGO-CRO
registered land ownership of the land determined by DC with assistance market value of the loss
(registered) where the from other relevant agencies b. Payment of Cash b.HDC/NGO-CRO
trees are located and ii. Additional Grants to cover MARV of Compensation for the
crops are grown at the the tree, based on productivity and losses c. NGO/HDC
time of taking age of trees and value of the fruit c. Additional cash grant to
possession for the assessed by PVAT cover the RV of the lost
project iii. Additional 30% of assessed value as tree/perennials (if
compensation for fruit bearing trees necessary for registered
with timber land owner)
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
iv. One time crop of each grown up tree d. owner will be allowed to fell
(like banana tree) and take the tree and fruits,
v. Tree losers will be encouraged to after payment of
plant more trees by providing 5 compensation
saplings free of cost to each affected
households.
10 Loss of Trees/Perennials on Persons with vi. Grants for Compensation at the MV, e. Assessment of loss and a. HDC/NGO-CRO
common property ownership of the land based on productivity and age of market value of the loss
(common property) trees and value of the fruit assessed f. Payment of Cash b.HDC/NGO-CRO
where the trees are by PVAT Compensation for the
located and crops are vii. Additional 30% of assessed value as losses c. NGO/HDC
grown at the time of compensation for fruit bearing trees g. Additional cash grant to
taking possession for with timber cover the replacement
the project viii. One time crop of each grown up tree value of the lost
(like banana tree) tree/perennials (if
ix. Tree losers will be encouraged to necessary for registered
plant more trees by providing 5 land owner)
saplings free of cost to each affected h. owner will be allowed to fell
households. and take the tree and fruits,
after payment of
compensation
11 Loss of Residence/Commercial Owner of the structure i. Cash Grant as compensation for the a. Payment of structure cost a.HDC-CRO/NGO
Structures by Owner on identified by SES structure at market value assessed by b. Verification of SES and b. NGO/HDC
Common land PVAT other records
ii. TG @ 12.5% of the value of kutcha and c. APs will be fully informed c. NGO/HDC
semi-pucca and 5% for pucca structure about their entitlement and
assessed by PVAT assisted in obtaining it
iii. Owner will be allowed to take all d. A TG to each household d. HDC-CRO/NGO
salvageable materials (free of cost) will be paid before/during
without delaying the project work vacating the project sites
iv. RCG @ 12.5% of the value of all e. Reconstruction Grant for
structures assessed by the PVAT for each structure e. HDC-CRO/NGO
titled owners (household/commercial )
v. Special assistance for female headed, will be paid before/during
vulnerable households, marginalized IPs vacating the Project site
@ Tk 2,000, Tk 3,000 and Tk 5,000 for f. Special assistance to
kutcha, semi-pucca and pucca structure Female f. HDC-CRO/NGO
Headed/Vulnerable
Household/Marginalized
IPs
12 Loss of access to Tenants i. One-time cash grant for facilitating a. Verification of SES a. NGO/HDC-CRO
house/commercial structure renting/leasing the alternative housing /structure assessed Records and other Records
(rented or leased) property as identified by PVAT b. A Shifting Allowance per b. HDC-CRO
by the Socio-Economic unit will be paid before
Survey (SES) relocation from project sites
13 Loss of residence by informal Heads of Household j. Cash grant as Compensation for the lost a. CCL for structure if a. DC
settlers/encroachers or occupying homestead structure (if owner) as per assessed recognized by DCs
unauthorized occupants on land illegally or values/price by DC provided certified by b. Verification of SES data b. NGO/HDC
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
some registered land (may be squatting on RoW as the land owner and the Award Book
some government /private identified by SES k. the owner’s income is under the poverty c. Compensation for loss of
institution/organization) line will get grant /training from the Social structure (as mentioned in c. NGO/HDC-CRO
Development Grant (SDG) Sl No. 11)
l. Cash grant for shifting of the house from d. Transfer or shifting cost per d. HDC-CRO/NGO
RoW household (as mentioned in
Sl NO. 11)
14 Loss of Business by Owner/Operator of the i. Business Restoration Grant (BRG) to a. All persons recorded by the a. NGO/HDC
shops/business owners due to business as recorded owners, renters and leaseholders SES
dislocation by the SES assessed by PVAT b. Cash grant to be paid
ii. Non tilted shop owners above the poverty before leaving the project b. HDC-CRO/NGO
line will not be eligible for business land
restoration grant
15 Loss Of Income, Employment/ Workers of affected i. One time cash grant for 30/90 days at the a. All persons recorded by the a. NGO/HDC-CRO
Work Opportunity Of Full-Time business as recorded rate of local wage rate (30 days in SES
/Part Time Workers in the SES commercial area and 90 days in b. Cash grant to be paid before b. HDC-CRO/NGO
agriculture area) taking possession of land
c. Involvement of the EP in
Project civil works c. NGO/HDC-CRO
16 Loss of Access To Utility Owner of the structure ii. Cash grant as compensation for the utility a. Payment of a. HDC
Services Such As Piped Water with utility services facilities at Existing Market Value compensation for the
Supply, Gas, Electricity, identified by SES assessed by PVAT losses assessed by
Sewerage Line, or Telephone. iii. One time Cash grant to transfer/re- PVAT
installment the utility service to new b. Verification of SES b. NGO/HDC
location and other records
c. APs will be fully c. NGO/HDC-CRO
informed about their
entitlement and
assisted in obtaining it
d. A transfer/ re- d. HDC-CRO
installment grant for
identified utilities to
each household/
structure owner
(renter) will be paid
during or after
vacating the project
sites
16 Loss of community Community as a whole i. Cash grant as Compensation for structure a. Compensation based on a. HDC
facilities/common property where the APs will ii. Transfer Grant PVAT and Prior Informed
including common forest relocate iii. Reconstruction/Improvement of The Consent of IPs affected b. HDC-CRO/NGO
resources by APs Community Facilities/Common Property
Resources b. Cash grant for transfer
iv. Forestations for the community /reconstruction of structure
17 Adverse impact on APs/ Affected APs/ i. Provision for compensation for loss at a. Assessment of losses a. NGO/HDC
Community during and after Community Existing Market Value ( RV); b. Compensation based b. NGO/HDC
Project implementation, such as ii. Additional community facilities (as on PVAT
Sl Nature of Loss Definition of Entitled Entitlements Implementation Issues Implementation
No Person (EP) Responsibility
impact of cross dams up and needed) c. Consult the c. HDC-CRO/NGO
down stream; Landslide or community for
uprooting trees due to hill identifying additional
cutting, water logging due to facilities to mitigate
interrupted drainage etc. the impact d. HDC-NGO
d. Implement the
mitigation programs
VI. CONSULTATION AND DISCLOSURE
A. Consultation and Stakeholders' Participation
71. Consultation and communication with the affected persons and other stakeholders
during field visit were conducted as integral part of the process of gathering relevant data for
impact assessment, and facilities and development of appropriate options for resettlement of the
affected people. The main theme and scope of the resettlement framework were disclosed to
the affected community in Bangla and local language through personal contact, FGD and
consultation and during carrying out socio economic survey to obtain their views of the affected
persons and other stakeholders on the compensation and resettlement provisions as per GoB
laws and ADB guidelines on involuntary and resettlement. The contribution of the affected
people and beneficiary groups has been included in the LARPs for the subproject as admissible
to the law and the ADB guidelines.
72. Information sharing, consultation with APs and other stakeholders, and active
involvement of APs in planning, management, monitoring and evaluation of resettlement
implementation have facilitated in the consultative process. Information gathered during FGD
and public consultation have been used for planning purposes and various resettlement
committees will be formed and activated during implementation of the LARP and their
monitoring and evaluation. Grievance Redress Committee (GRC) in addressing grievances on
compensation and resettlement issues and Resettlement Advisory Committee (RAC) advising
on smooth operation of LARP implementation will include affected people and local leaders like
Local government representatives, teachers, karbaris, headman, knowledgeable persons etc.
from both men and women. The GRC, RAC as well as the JVT and PVAT will be formed
(through gazette notification from MOCHTA and activated during land acquisition process to
allow APs sufficient time to lodge complaints and safeguard their recognized interests. The
resettlement/rehabilitation activities of the project will be carried out in consultation with the APs
and all efforts will be made to minimize disruption during project implementation.
73.The resettlement plans will be summarized in an information booklet in local language
(Bangla/Tanchajagya) and disclosed to the affected people after the cut-off date is established.
In addition, the LARP provisions will be explained to the APs in group discussion, personal
contact and community level meetings. The LARP will be published in the ADB IR website after
project approval.
74. Cooperation from all concerned, local institutions or organizations like NGOs, women
groups and community based organizations will be sought for smooth functioning of the LARP
implementation. However, experienced NGO will be hired for implementation of the LARPs.
VII. GRIEVANCE REDRESS MECHANISMS
75. Upon the clearance of the Land Acquisition Plan (LAP) by the DC, HDC and the Ministry
of Land (MOL), a GRC will be formed at the Union level through gazette notification from
MOCHTA to the District Project Management Office (DPMO). The District Resettlement Officer
(DRO) will be the Convener of the GRC in respective district. The Area Manager of the NGO will
be Member Secretary. The Headman/Union Parishad Chairman will be a member. The GRC will
include two representatives of APs (at least one woman). A Legal Advisor, from the alternate
dispute resolution (ADR) Forum, will be included as an Observer to extend legal support to the
committee to be deployed by the NGO and, if necessary, refer cases to ADR processing.
76. The GRC will have the power to resolve resettlement and compensation issues
preemptive to their being addressed through the legal system. The GRC will receive grievance
cases from the APs through the NGO. The NGO will follow initiate a public procedure and also
through individual contact with APs under the jurisdiction of the GRC It will operate through
village consultation meetings and will undertake the distribution of booklets explaining due
process for AP grievances.
77. The NGO will assist the APs in lodging their resettlement claims in a format acceptable
to the GRC. This will be done after the APs get ID cards from the DPMO and are informed
about their losses and entitlements. All AP complaints will be received at the office of the NGO,
or by the GRC’s secretary, with a copy to the Union Parishad representative.
78. The representative of the NGO, as the member secretary of the GRC, upon receipt of
complaints, will organize a GRC hearing. The NGO will arrange for the presence of a lawyer in
the hearing to help both the GRC and the APs on legal issues. The GRC will pass a verdict
which will be formally conveyed to the concerned APs through the NGO. The GRC will settle the
disputes within fifteen (15) days of receiving the complaints from the AP. If not resolved at the
GRC level, the matter will be referred to a court of law.
Figure 4: Grievance Redress Mechanism
Aggrieved Person
GRC members
• RO, (PMO, HDC)
• NGO Representative Application submitted to GRC
• Chairman, UP/Headman through NGO
• AP Representatives
• Legal Advisor (ADR)
Securitization of
complaints by GRC
Complaints under Not under Arbitration or Law
Referred to DC /Circle Arbitration or existing and be settled as per LARF
Chief/RHDC LA Law policy
Not Redressed GRC Hearing within 15 days of
Redressed lodging the claim
CRO for Recommendation for
Approval compensation Claim
Rejected
NGO for
Payment
District Judge’s Seeking Legal Decision
Court Settlement Accepted
VIII. LARP (SAFEGUARD ISSUES) IMPLEMENTATION ARRANGEMENTS
79. MOCHTA will be the Executing Agency for the Project with CHTRC having the
responsibility of Implementing Agency. The Office of the Project Director will be established
within CHTRC with responsibility for the overall management and coordination of the Project. A
Safeguards and Quality Monitoring Cell (SQMC) will be established in the Office of the Project
Director. The SQMC will have twofold reporting responsibilities: (i) to the Project Director; and
(ii) independently to ADB. The role of the SQMC will be to ensure that the Project is
implemented with due concern for safeguards and quality and, specifically to ensure that these
issues are adequately addressed to the requirements of ADB: (i) compensation for land and
asset acquisition; (ii) compensation for loss of income; (iii) continuing tenure of land by the
original users; (iii) gender; (iv) indigenous people; (v) environment; and (vi) quality of work
necessary to ensure sustainable outputs. The failure to adequately address any safeguard or
quality aspect will cause the Project Director to withhold the disbursement of funds to the
defaulting agency until such time the process to rectify the fault is put in progress.
80. The Project Director will disburse funds in separate directions: (i) to LGED for the
implementation of the Roads and Markets Component; and (ii) to each Project Sub-office,
established in each of the three HDC offices. Implementation arrangements are shown in
Figure 8.1, and the flow of funds are set out in Figure 8.2.
81. Project funds for the implementation of Component B, the Roads and Market
Component, will be transferred in tranches by the Project Directors Office to a specific account
held by LGED at its National level. It is expected that LGED would establish a separate office in
its Special Projects Office in Dhaka from where it would administer implementation and funds
management for that component. LGED is a known competent organization and has rated well
in the Financial Management Assessment, discussed below. Responsibility for the
implementation for this component will rest with LGED with actual implementation being
undertaken by the respective LGED District Office. LGED will follow its own internal
implementation arrangements and these are not considered here.
82. In implementing this component, LGED will be required to:
(i) Satisfy the financial audit requirements of ADB;
(ii) Satisfy all safeguard requirements of the Government and ADB in terms of:
LAR, gender, IPs, and the environment;
(iii) Meet quality standards for design and construction as required by the
Government and ADB;
(iv) CHTRC will subcontract Upazila and Union Road design to well qualified
private engineering firms having capacity to meet international design
standards;
(v) Seek CHTRC approval, through the Project Director, for the alignment of
proposed union and upazila roads at the preliminary planning stage;
(vi) Allow access to the personnel of the SQMC to scrutinize and aspects of
proposed, ongoing, or completed work, at any time; and
(vii) Provide information on progress to the Project Director on a monthly and
quarterly basis in a format and on a schedule to be determined.
Figure 5: Project Implementation Arrangements
MOCHTA
Executing Agency
Independent
reporting to
ADB
CHTRC
Implementing
Agency
Project Safeguards and
Directors Office Quality Monitoring
Cell
LGED
Special Projects
(Dhaka) HDC HDC HDC
Khagrachari Bandarban Rangamati
District District District
Project Project Project
LGED LGED LGED Sub-Office Sub-Office Sub-Office
Khagrachari Bandarban Rangamati
District District District
83. The other four components will be implemented on behalf of the Project Director’s Office
through Project Sub-offices established in the HDC in each of the three districts. The
establishment of special project offices in routine offices set up following the CHT Accord
(CHTRC and HDCs) provides opportunity for transfer of technology from project office to routine
office during the seven years life of the Project. This attempt to institutionalize project
arrangements will help to strengthen routine offices and is directly in line with then Paris
Declaration.19
19
Paris Declaration for Aid Effectiveness, March 2005, to which the Government and ADB were signatories.
Figure 6: Project Cash Flow
Arrangements
ADB Bangladesh Ministry of
Central Bank Finance
authorizes
funds release
Impress
Account
MOCHTA
Authorizes
funds
release
CHTRC
Project
Project
Directors
Operating
Office
Accounts
LGED
(Dhaka)
Funds HDC HDC HDC
disbursed, Khagrachari Bandarban Rangamati
expended
and
accounted by Project Project Project
LGED routine Sub-Office Sub-Office Sub-Office
arrangements
IX. LARP IMPLEMENTING ORGANIZATIONS
84. MOCHTA, through the CHTRC and the HTCs, has overall coordination, planning,
implementation and financing responsibilities. The CHTRC fully recognizes the importance and
complexity of the Project’s resettlement programs. Therefore, the CHTRC will appoint a
Resettlement Specialist (RS) to the PIC and will, after finalization of the design and prior to
commencement of work on RoW, hire an experienced NGO for LARP implementation, with
clearly defined tasks including establishing an income restoration program. A senior HDC Social
Scientist at the rank of Executive Engineer (EE) will be appointed as the CRO to supervise the
implementation work, with the help of HDC, IP-Led NGOs supervised by a nationally recognized
NGO with extensive resettlement experience.
A. Project Management Office (PMO) within the CHTRC
85. The CHTRC will appoint a CRO within the PMO to manage the LARPs. The CRO, under
the overall responsibility of the PD, will undertake day to day activities with assistance from the
appointed NGO and PIC. The CRO will provide overall supervision the implementation
resettlement work. At the field level, staff of the HDC offices will assist with day to day activities
in collaboration with the appointed NGO and three DROs.
86. The PD will ensure cooperation between the CRO and the District administrations to
carry out land acquisition. The Project will arrange capacity enhancement training, supported by
the PIC, of LGED staff upon their deployment to carry out resettlement activities. The appointed
NGO will open field offices in subproject districts, carry out information campaigns and involve
APs, including women and vulnerable APs, from the very beginning in the implementation
process. Figure 7 below shows the organization of the resettlement key persons and
organizations. Private firms contracted by the PMO to prepare Feasibility Studies for
subprojects will also prepare subproject LARPs as part of their Feasibility Study.
B. LAR Acquiring Body
87. The DCs have the power to acquire titled land and to assess compensation of properties
thus acquired. CHT law provides the power to the DC, who conducts the acquisition through the
District Land Administration Officer (LAO). The LAO or his/her appointed officers, along with
HDC, PMO and NGO staff, will conduct a joint physical verification of property on the land in
accordance with the LAP which will be submitted by LGED as soon as the DD and confirmed
alignments for the subprojects are available. The DC offices are responsible for the entire
acquisition process. HDC/NGO will liaise with the concerned DC office to complete the land
acquisition process in a timely fashion.
88. Common land grants will be verified by Headmen and Karbaris, with assistance from the
NGO. Users of Common Land, whether registered or not, will be eligible for the grants, and the
price of the land will be verified through the PVAT, as with the CCL process. Final verification of
such grants will rest with the Circle Chief, as will verification of GRC decisions.
C. Project Implementation Consultants (PIC)
89. The PIC will have provision for: (i) one International RS and (ii) one Local RS. The RSs
will provide technical support to HDC to supervise, in collaboration with the HDC Engineers,
LARP implementation by the NGO. The PMO will subcontract an experienced independent
monitoring agency (IMA) for independent monitoring and review and evaluation of the
resettlement process. The PIC will assist CHTRC to subcontract Upazila and Union Road
design to well qualified private engineering firms having capacity to meet international design
standards.
D. LARP Implementing NGO (NGO)
90. The PMO will employ an experienced NGO to implement the LARPs in coordination with
the DC, HDC and the PIC. The LARPs will clearly define the role and terms of reference (TOR)
for the NGO. The NGO mobilization will be no later than the approval of a first subproject under
the Project. The NGO will subcontract at least three IP-Headed NGOs, one for each CHT
district, to carry out field activities in IP communities.
E. Resettlement Processing Committees/Teams
91. MOCHTA, through a gazette notification, will form various committees/teams for
implementation of the LARPs at the field level. The NGO will work as member secretary for all
the committees/teams involving representatives of the DC, HDC, local government institutes
and APs, as the case may be. These committees/teams will ensure stakeholders' participation
and uphold the interest of the vulnerable APs. The power and jurisdictions of the committees will
be clearly defined in the gazette notification. The NGO will form an RAC to involve the local
community and APs in the implementation process.
1. Property Valuation Advisory Team (PVAT)
92. A PVAT will be formed through a gazette notification by MOCHTA. The PVAT will review
the assessment of the NGO of market prices for land and other property affected by the Project
to determine their replacement cost. The scope and responsibilities of the PVAT will clearly be
defined in the gazette notification. The NGO will process the entitlements of the Project APs
using the PVAT data as one of the determinants. The PVAT will be a three member body and
be comprised of: (i) the CRO to be Chairman; (ii) the LAO or a LAO-appointed District official;
and (iii) the Area Manager of the NGO, who will be the JVAT Member Secretary.
Figure 7: Property Valuation Advisory Team (PVAT) Procedure of Determining Valuation of Property
Identification of Alignment
and Affected Property by
HDC
PVAT members
• CRO, (PMO,HDC)
• NGO Representative PVAT to Collect
• DC /Headman Information
Representative
Key Informants Conduct Property Valuation Sub-Register Office for the
• Potential Buyer Survey (PVS) for Land, Recorded Value of Land
Structure, Trees and other /Headman for Customary Land
• Potential Seller assets
• Deed Writer
• Religious Leader
• Local Elites
CRO for approval Prepare Mouza wise existing
of Unit Rate RV/Unit Rate
Implementing Agency (PMO,
HDC) for Preparing Budget with
th h l f PIC
2. Grievance Redress Committee (GRC)
93 The Grievance Redress Committee (GRC) will be formed at the Union level for any
grievances involving resettlement benefits, relocation, or other assistance. A gazette notification
on the formation and scope of the GRC will be required from MOCHTA. The GRC for each
Union will be comprised of: (i) EE/CRO/RC – Chairman; (ii) Area Manager of NGO as Member
Secretary; (iii) the Union Parishad Chairman/Member as Member; (iv) one female Union
Parishad member as member; and (v) one AP representative as member.
c. 3. Resettlement Advisory Committee (RAC)
93. The NGO will form a Resettlement Advisory Committee (RAC) at the subproject level to
involve the local community and APs in the implementation process. The RACs will be
comprised of an HDC representative as the Chairman, the NGO as Member Secretary and
representatives of various stakeholders in the subproject area. The RACs will seek local inputs
from APs and affected communities in the implementation process and assist the NGO in all
matters related to resettlement, ensuring local participation in the LARP implementation.
F. LAR Implementation Guidelines
94. The HDCs do not have any set codification for payment of grants to the EPs or for
resettlement of APs. Under the circumstances, detailed LARP Implementation Guidelines
(Payment Modality) will be required to implement the LARPs at the field level. Both the HDCs
and the NGO will follow the Payment Modality after its approval by the PMO’s PD. The PIC’s
RSs will prepare the Payment Modality, and the PMO will approve it. The Payment Modality will
include definition of the various resettlement terms, the entitlements, detailed procedures for
identification of EPs for resettlement entitlements, indicate how to assess loss and entitlement
of individual EPs, and processing of payments, including their disbursements and
documentation.
Figure 8: Resettlement Organization Chart
MOCHTA
Private
CHTRC (CRO)
Engineering IMA CHTRC = CHT Regional Committee
PMO (PIC)
Firms HDC = Hill District Council
subcontracted by Circle Chief PMO = Project Management Unit
CHTRC Certifies GRC PIC = Project Implementation Consultant
Provide Design & Results DPMO = District PMO
Surveys showing CRO = Chief Resettlement Officer
Land Use in DRO = District Resettlement Officer
IR/IP = Involuntary Resettlement/IP
RoW
HDC IMA = Independent Monitoring Agency
DPMO GRC = Grievance Redress Committee
DRO
Certifies Negotiated
Result/Takes over
land to give to
PVAT Contractors GRC
Assesses Market Value
Union Level Land
DRO Verification Headman NGO
PIC IR/IP Specialist Karbari Negotiation Catalyst &
Requires Common Advocate for AP Assistance
Land on behalf of the Administers Common
AP
Project
Affected Land Payment
Person
X. COMPENSATION AND RESETTLEMENT BUDGET
A. Compensation, Relocation and Income Restoration
95. HDC, upon approval of the subproject from ADB and the Government, and finalization of
the Detailed Design (DD) by LGED and the LARPs will prepare a LAP for legal titled land
through DPMO with the help of the PIC and submit it to the respective DCs for initiating land
acquisition proceedings. During LAP preparation, the current market price will be determined
through a LMS conducted by the NGO. The NGO will assist LGED in assessing land current
market prices through obtaining formal land transaction data from the sub-region’s Government
offices and informal data from a community consultation in collaboration with the
karbari/headman/elected of Union Parishad representative and DPMO level Executive
Engineers (EXNs). The recorded price from Sub-Registrar's Office will be collected in a pre-
designed format certified by the concerned Sub-Registrar. The DPMO will produce the LAP
along with the certified land transaction data with the period of transactions and a request to
review while fixing the price of land. A DPMO representative will accompany representatives
from the NGO in the Joint Verification and Price fixation process led by the DC or his/her
representative.
96. The legally constituted PVAT, having representatives from HDC, DC and the NGO will
determine the replacement market price of land, structures, trees, and other assets. The NGO
will carry out any necessary assessment as per the methodology set by the PVAT; and the
PVAT will recommend replacement prices, the MARV, for the approval of CHTRC. Such
recommendation will ensure the replacement price of land and property at the current market
value. Income compensation will be determined through the SES and consultation during the
subproject’s preparation stage when its LARP is being formulated. All compensation must be
paid before APs move out from the acquired/required land, dismantle and remove structures,
cut the trees and take away all the salvageable materials and before civil contract awards are
given.
97. The LARF also endorses an income restoration strategy for SAPs. In addition to income
restoration and cash assistance, the LARPs will include opportunities for Income Generation
Activities (IGAs). SAP preferences for IGAs will be assessed prior to designing these income
restoration measures provided for eligible SAPs. SAPs involuntarily displaced from their homes,
more than 10 percent of their assets or income sources, and including non-titled persons
affected by the Project, will receive priority access to the IGAs.20 The Project’s Micro
Agribusiness Development (MAD) will provide opportunities for SAPs to choose IGAs
appropriate to their situation. MAD’s objective will be to increase the income of poor
households, with SAPs receiving priority through LARP budgetary provisions in addition to the
existing MAD budget, by promoting the development of market-driven micro agribusiness in four
selected products, namely: (i) fruits (orange, mango, litchi); (ii) vegetables (brinjal and
cucurbits); (iii) pond fisheries; and (iv) medicinal plants. The component will also support market
facility development (to be financed under the rural roads component of CHTRDP-II) and action
research on potential high-value crops such as spicy leaf. Other options may be offered through
NGOs, such as in nurseries and livestock.
20
Those losing their business will not be covered under this provision, as they are likely to be relocated within the same vicinity without dislocation of
their client base. They will however receive a business restoration grant.
98. For Common Land, a process of verification and market price assessment will be carried
out in parallel to the CCL process described above, through the traditional institutions, Circle
Chief, Headmen, and Karbaries, as ratified in the 1900 CHT Regulations.
XI. RESETTLEMENT BUDGET AND FINANCING
99. The land acquisition and resettlement budget would include all costs for acquisition of
assets and costs associated with involuntary resettlement. The TA consultants will assess,
through social appraisal as pre preliminary design of subprojects, the losses and disturbances,
determine their compensation at market value and prepare land acquisition and resettlement
cost estimate including physical contingencies. The executing agency (EA) will further
determine replacement price of land and other property under acquisition for the subproject
through the PVAT after placement of LARP implementing NGO. All monitoring expenses should
be budgeted in the project LARP. Appropriate funding provisions should be made for internal
and external monitoring and LGED's capacity building training that might be required for
effective LARP monitoring.
100. A Social Development Fund (SDF) will be established to assist the affected households,
particularly the poor and women with income below the poverty line and SAPs to assist them in
restoring income in post resettlement period. The implementing NGO will conduct needs
assessment surveys during project implementation to identify programs for job creation for
women and other vulnerable households with disable family member (for instance, micro-credit
for income-generation; community based routine maintenance work for the roads, protection
walls, road slope; plantation and social forestry along the road and information and resource
center for networking, capacity building and empowerment). The women and other vulnerable
APs will be organized by the implementing NGO as beneficiary group. The EA will pay particular
attention to developing effective poverty reduction strategies for households below the poverty
line.
101. Based on the background of this subproject the entire amount for land acquisition,
resettlement and rehabilitation and training for this subproject is estimated to be approximately
Tk 2,821,000 with 10% contingencies, or roughly US$40,000. An indicative budget for this
subproject is presented in Table 13.
Table 13: Indicative Budget for Land
Acquisition and Resettlement for
Sapchari Para at Wagga Subproject of
CHTRDP-II
Sl. Description Unit Quantity Rate Amount
No. (Tk) (Tk) US$
A Land with Types (Land to be acquired)
1 Settlements (homestead/Vita) Nil
2 Agriculture
Arable land Decimal 5 10,000 50,000
Orchard (medium high land/ Vita) Decimal 33 8,500 280,500
Forest (hilly land) Decimal 25 5,000 125,000
Canal/Chora Decimal 4 4,000 16,000
. Sub total of Land Acquisition Decimal 67 27,500 471,500
B Trees (calculated based on average rate
per annum)
1 Large No 19 4,000 74,000
2 Medium No 315 2,500 787,500
3 Small No 284 800 226,800
4 Seedlings No 241 100 24,050
Sub total of Trees No 858 1,112,350
Sub Total (A-B) 1,583,850
C. Stamp Duties and registration fees for 33,005
replacement land purchase by all
registered land owners @ 7% of the MARV
D Fruit compensation for big and medium 65,700
categories of fruit bearing trees (16 large
and 62 medium) @ 30% of timber value for
1 year
E Project disclosure, public consultations and 200,000
FGDs, surveys, training and income
restoration
Sub Total (C-E) 298,705
Sub Total (A-E) 1,882,555
F Contingency @ 10% of the Subtotal (A-E) 188,256
G Social Development Activities for SAP 250,000
H. Implementing Agency Operation cost 500,000
TOTAL COST Tk/US$ 2,820,811 40,297
102. The entire fund for land acquisition and resettlement will be funded by ADB and come
through an imprest account. The cost of rehabilitation and training will be provided from the
ADB. The fund for land acquisition by the DC will be prepared by his/her LA section and placed
to the CHRTC (PMO), PMO for Transfer of the fund to the account of the DCs. The additional
benefits as per the framework will be paid directly by the EA through implementing NGO.
However, the NGO will assess the quantity of losses and eligible persons for resettlement
benefits and produce a resettlement budget to PMO/DPMO for approval and periodic release.
The rehabilitation and training to the potential affected persons will be provided through
implementing NGO based on vulnerability and needs assessed through a special census and
consultation exercise. If acquisition begins 12 months after Joint Verification Survey (JVS), the
replacement value will be updated @ 10% per annum.
103. The PMO/DPMO would ensure that the land acquisition and resettlement budgets are
delivered on time to the DC and the implementing NGO for timely implementation of the LARPs.
CHTRC will also ensure that the LARPs should be submitted to ADB for approval, and that fund
for compensation and entitlement under the LARP are fully provided to APs prior to the award of
the civil work contract.
XII. LARP IMPLEMENTATION
A. LARP Implementation Schedule
104. Feasibility studies for additional subprojects will be prepared within two years of
subproject identification. The Project’s Institutional strengthening and capacity building activities
will commence in the first year of the Project; these activities will taper off towards Project
completion. Subproject implementation will be conducted following a rolling program over the 7
year life of the Project. LARPs will be implemented before the award of civil award contracts.
However, the implementation schedule for subprojects will be prepared considering any
possible changes from the Detailed Design and DMS.
105. Figure 5 indicates both the time frame for the LARF. The more detailed time schedule for
LARPs implementation for the first batch of subprojects is presented in Figure 6. It is expected
that the fist batch of subproject implementation will take about 1.5 years time as all these are
very small projects in terms of size and number os affected people.
Figure 5: Tentative LARP Implementation Schedule in Context of Overall Project Timetable
Figure 6: Tentative LARP, Implementation Schedule for Subproject (Year 1.5)
Q1 (Y-1) Q2 (Y1) Q3 (Y!) Q4 (Y1) Q1 (Y2) Q2 (Y2)
M1 M2 M3 M4 M1 M2 M3 M4 M1 M2 M3 M4 M1 M2 M3 M4 M1 M2 M3 M4 M1 M2 M3 M4
LARP Planning
Census/Socio-economic Survey
Draft LARP
Agricultural Land Survey
Revised LARP/Final LARP
Hiring of LARP implementing
Agency/NGO
Site Office of NGO
Relocation Activities
Community Consultation
Final list of APs
Final Notice to APs/CBEs/Others
Formation of RAC & GRC
Completion of Land acquisition
Process
Payment of CCL by DC
Payment of transfer costs
Relocation of APs/CBEs/other
structures
Project Land hand over to
Contractor
Resettlement Activities
Income Restoration grant
Business restoration grant
Payment of MARV by HTC
VGs Social Forestry
program/Road side plantation
Monitoring and Evaluation
Internal Monitoring
External Monitoring
Evaluation of the Project
B. Monitoring and Evaluation
106. PMO/HTC, through the PD at the PMO, will establish a monitoring system involving the
CRO, the CHTRC, the PIC and the NGO for collecting, analyzing and preparing Quarterly
Progress Reports on the progress of LARP implementation. PMO/HTC will also provide an
Annual Report to ADB.
107. The LARP monitoring will be done both internally and externally to provide feedback to
HTC and to assess implementation effectiveness. A Mid-term Review drawing upon monitoring
and evaluation reports and other relevant data will identify any action needed to improve
resettlement performance. Evaluation the LARP implementation will assess whether the
resettlement objectives were appropriate and whether they were met, specifically, whether
livelihoods and living standards were restored or enhanced. The evaluation will also assess
resettlement efficiency, effectiveness, impact and sustainability, drawing upon lessons learned
as a guide to future resettlement planning
1. Internal Monitoring
108. Internal Monitoring will be carried out by the PMO. The District Resettlement Officer
(DRO), assisted by the field staff at HDC District offices and the NGO, will establish a monthly
monitoring system and prepare a Monthly Progress Report on all aspects of LARP
implementation. The initial Census and SES will provide the benchmark data, and periodic
surveys will be carried out to measure changes against this baseline data, using monitoring
indicators such as found below in Table 7.2.1. Assisted by District and Upazila Engineers, the
NGO, and the PIC Resettlement Specialist (RS), the PD at the PMO will monitor land
acquisition and resettlement. A Management Information System (MIS) developed by the NGO
and installed and operated at the HDC Office and NGO field offices will tabulate quantitative
information obtained though the monitoring.
Table 14: Potential Monitoring Indicators
Monitoring Issues Monitoring Indicators
Budget and Timeframe o Have all land acquired and resettlement staff been appointed and mobilized for field
and office work on schedule?
o Have capacity building and training activities been completed on schedule?
o Are resettlement implementation activities being achieved against agreed
implementation plan?
o Are funds for resettlement being allocated to resettlement agencies on time?
o Have resettlement offices received the scheduled fund? Have funds been absorbed
according to LARPs?
o Has all land been acquired and occupied in time for project implementation?
Delivery of AP Entitlements o Have all APs receive entitlements according to numbers and categories of loss set out
in the entitlement matrix?
o Have APs received payment on time?
o Have all APs received agreed resettlement benefits as per schedule of payment?
o How many affected households have received compensation for titled land?
o How many affected households relocated and built their new structure at new
location?
o How many APs are being able to purchase replacement land?
o Are APs able to access to school, health service, cultural sites and activities?
o Are income and livelihood restoration activities being implemented as planned?
o Have affected farmers received entitlements?
o Have affected business received entitlements?
o Have the APs losing their livelihood received their entitlements?
o Have APs losing their eroded land received proper compensation?
o Have properly identified users of IP Common Land been compensated?
Monitoring Issues Monitoring Indicators
o Have the squatters, encroachers of khas land or LGED/or any other Government of
Bangladesh (GoB) land displaced due to the project been compensated?
o Have the community structures are compensated and rebuilt at new site?
o Are host communities sufficiently assisted for civic amenities where necessary?
Consultation, Grievances and o Have resettlement information brochures/leaflets been prepared in Bangla and
Special issues distributed?
o Have consultation taken as scheduled including meetings, groups, community
activities?
o How many APs know their entitlements? How many know if they have been received?
o Have any APs used the grievance redress procedures? What were the outcomes?
o Have conflicts been resolved?
Benefit Monitoring o What changes have occurred in income and expenditure patterns compared to pre-
project situation?
o Have APs income kept pace with these changes?
o What changes have occurred for vulnerable groups?
2. External Monitoring
109. The RS with the PIC team will supervise and monitor LARP implementation for HTC.
The PIC will sub-contract monitoring and evaluation of the resettlement activities to an IMA,
which will be an experienced person or firm. The tasks of the IMA will be to: (i) verify results of
internal monitoring; (ii) assess whether resettlement objectives have been met, especially
whether livelihoods and living standards have been restored or enhanced; (iii) assess
resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to
future resettlement policy making and planning; and (iv) ascertain whether the objectives were
suited to AP conditions. The IMA will design and adopt methods and tools for data collection
facilitating a comparable database of "before" and "after" resettlement conditions. The LARPs
will set out a Terms of Reference (ToR) for the IMA. Indicators for external monitoring and
evaluation are presented in Table 7.2.2.
Table 15: Indicators for External Monitoring and
Evaluation
Monitoring Indicator Basis of indicators
Basic information on AP o Location
Households o Composition and structure, ages, educational and skill levels
o Gender of Household heads
o Ethnic identity of the household
o Access to health, education, utilities and other social services
o Housing type
o Land and other resources and using pattern
o Occupation and employment pattern
o Income sources and levels
o Agricultural production data
o Value of assets forming composition and resettlement benefits
Reconstruction of living standards o Were house compensation made free of depreciation, fees or transfer costs to the APs?
o Have APs achieved replacement of key social and cultural element?
Reconstruction of Livelihoods o Were compensation payments free of deduction of depreciation, fees or transfer cost to
the APs?
o Were compensation payments sufficient to replace lost assets?
o Was sufficient replacement land available of suitable standard?
o If costs were involved, did the transfer and relocation payment cover these costs?
o Was the income substitute payment sufficient for the period of transition?
o Have the commercial enterprises affected received sufficient compensation and re-
established them?
o Have vulnerable groups been provided affective income earning opportunities?
o Have the vulnerable APs provided with jobs in project civil works?
Monitoring Indicator Basis of indicators
Levels of satisfaction o How much do APs know about resettlement procedures and entitlements? Do APs know
their entitlements?
o Do the APs know if these have been met?
o How APs assess the extent to which their own living standards and livelihoods have
been restored?
o How much do APs know about grievance procedures and conflict resolution
procedures?
Effectiveness of Resettlement o Were the APs and their assets correctly enumerated?
Planning o Was any land speculators assisted?
o Was the time frame and budget sufficient to meet objectives?
o Were entitlements too generous?
o Were vulnerable groups identified and assisted?
o How did resettlement implementers deal with unforeseen problems?
Other impacts o Were there unintended environmental impacts?
o Were there unintended impacts on employment or income?
110. The PIC will conduct periodic review and supervision missions during the
implementation stage. In addition to regular review missions, ADB will undertake a
comprehensive Mid Term Review of the LARP implementation. A Post Evaluation of LARP
implementation will be carried out by the ADB to assess the resettlement impact in terms of
adequacy and deficiency in planning and implementation of resettlement activities.
APPENDICES
1 Socioeconomic Survey Form
2 Market Survey Form
3 Tree Valuation Survey Form
4 Structure Replacement Value Survey Form
i|Page
Annex 1 Socioeconomic survey form
Area
Code
Form No.
Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)
Socio-Economic Survey of Affected Family and Persons due to acquisition of land
01. Particulars of household:
Census Form No.
01 Name of head of household t
02 Father’s Name t
03 Mother’s Name t
04 Name of respondent and relation t
with head of the household
(wife/son,
daughter/husband/others)
05 Village/ Road No./ Avenue No. t
06 Union /Ward t
07 Police Station t
08 District t
09 Main Profession/Occupation t
10. Indigenous people (mention tribe) t
11 Religion t
12 Membership of Organization (if t
any)
13 Yearly income of the family t
14 Name of t
ChaiLARPerson/Secretary/ (In case
of Social Institution)
N.B: Items # 2,3,4,5,10,11 and 12 are not applicable for item # 14
Name of Interviewer date
Signature of Supervisor date
02. Particulars of household:
Sl Name of household member(s) Relationshi Age Sex Marital Main Secondary Total Educationa Physical Owner of
No. (Starts with household head) p with status Profession/ Profession/ Yearly l status/ Affected
HOH* Livelihood Livelihood ( income qualificatio Disability Property
if any) (Taka) n (Yes/No)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
* HOH= Head of Household
3|Page
03. Particulars of land:
Do you have your own land within the Project Right of Way? Yes/No.
If yes, would you please mention about the type of ownership?
………………………………………………
If answer is ‘yes’, furnish detail information about your own land.
Serial Types of land Code Area of own Land affected by project Area of
No. No of land Mouza Para/Plot Area residual
Land (decimal) No. (decimal) Land
(decimal)
1. Homestead
2. Agriculture land
(1st grade land)
Single Cropped
Double Cropped
Multi Cropped
3 Medium Hill (2nd
grade land)
Vita
Orchard
Other crops
Fallow land
4 Hill (3rd grade
land)
Timber/Fruit tree
Forest
Others
5 Jhum
6 Pond ( Cultivated)
7 Pond (Non-
Cultivated)
8 Fallow land (plain
land)
9 Road/community
property
10 Water body/ditch
11 Others (Please
mention)
Total own land
If answer is ‘No’
04. Affected land under community/other’s ownership (Khas/Relatives (Uthuli)/Other’s)
Type of Code Mouza Plot Area of Area of Status of Comments
land No. No. land acquired present
(if (Decimal) land use
any) (decimal)
For how long using the land, , Is there any agreement ? Yes/No.
If answer is yes, Name of person/Organization contracted with
05. Use of Community/Government land (Partial/full) adjacent to own land
4
Type of Mouza Para Area of Area in Status of Comments
land land in affected land present
use (decimal) use
(Decimal)
06. Cultivation related:
Do you cultivate affected land by your self ? Yes/No.
If answer is ‘No’
In case of sharecropping, furnish details of sharecroppers
SL Name of Share Mauza Para/Plot Area of Size of Share of
No. Croppers and address No (if land affected produce
any) (Decimal) portion of land received
(decimal) (Percentage)
1.
2.
3.
4.
07. Mortgage/Kat (Locally practiced mortgage) Lease/Contract-particulars:
Have you taken affected land by way of mortgage/Kat/Lease/Other Contract? Yes/No
If answer is yes, please furnish the particulars.
SL. Nature of owner Name Mouza Para/Plot Area Area of Value of Time of Duration Amount
No -ship mortgage/ & No. (if of affected Contract Contract of of
address
kat/Lease/Contract of real any) land portion (Taka) (year) Contract/ yearly
owner (dec) of land Lease paid up
of land (decimal) etc. taka
1.
2.
3.
4.
08. Particulars of trees (Individual ownership/Community/Government or owned by any
other agency):
A. Detail description of trees on Own land
SL. Name of tree Fruit Description of trees
NO bearing Large Medium Small Plant
. (yes/No.) No. acquir No. acquire No. acquired No. acqu
ed d ired
1.
2.
3.
4.
5.
6.
7.
8.
9.
5
10.
11.
12.
B. Detail description of trees on Community/GoB land
SL. Name of tree Fruit Description of trees
NO bearing Large Medium Small Plant
. (yes/N No. acquir No. acquire No. acqui No. acqu
o) ed d red ired
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
09. Detail of structures (Homestead/CBEs/CPRs etc.) if affected:
SL. Use of Description of Structure * Co Size Approxi To be Type of
No. structure Roof Wall Floor de Un Quanti mate affected land
No it ty/No. Value of due to
. structure acquisition,
Yes/No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
* Within or out of the ROW.
Type of land code: 1- Individual ownership, 2-Owned by others, 3-Communityowned, 4-
Government land (if used partially or Fully) adjacent to the land owned by respondent.
Unit Code: 1=S.F.T, 2= R.F.T, 3= Number, 4= C.F.T.
10. Commercial Enterprises (Only affected):
Own Commercial Structure and Own business:
SL SL. No. Name Name of Father’s Address Amou Average No. of Whethe
. following of business Name nt of monthly appoint r owner
No description busin owner busine income ed of the
. of ess ss from Emplo CBE
structure capital busines yees Y/N
s
6
11. Labor/Employees employed in affected business/industry (own & rented)
SL. By-SL. Name of Name of Sex Age Designatio Monthly
NO. No. Q- Enterprises labor/employee & n wage/salar
10 /Industry address y
12. Is there any Social Institution (such as school/college/health complex/historical place),
Religious Institution (Pagoda//Temple/Church/ Mosque /Eidgah/Graveyard/Cremation ground)
or Development Project (Road, Hat & Bazaar) etc. on acquired land?
Yes/No
If answer is yes, please give details.
SL. Description Name of Institution Owner of land Size of land
No.
13. Do you have electricity in your house? Yes/No.
If answer is yes, Number of electric light, , No. of fan & others
14. What kind of toilet you use? (Katcha/Slab/Pucca)?
15. What is source of water of your family?
For drinking- Stream, Tube well, well, river, pond, Other) (Put tick)
For other household use- Stream, Tubewell, well, river, pond, Other) (Put tick)
Is the source arsenic contaminated? Yes/No/Not Known.
Will acquisition of land affect sources of water? Yes/No.
16. For how many years you are staying at your present residence?
If you have shifted to present residence, where did you live before that?
17. Was your house ever devastated by land slide/ erosion of river? If answer is yes,
how many times?
The last time of devastation of your house
17. Where you and your family members use to go for medical treatment
(Village/Market/Town)? (Put tick)
Whom do you consult? (Ayurvedic, Physician/Allopathic / Homeopath /Healer/ Exorcist) (Put
tick)
What kind of treatment you take (Exorcism/ Allopathy / Homeopathy/ Ayurvedic) (Put tick)
18. How many members of your family are in service and business?
Total number of service holder_____, Male Female ,
Total number of businessmen______, Male Female
Working place of male member (own Upazila/other than own Upazila), name of district if
other than own Upazila
Working place of female member (own Upazila/other than own Upazila), name of district
if other than own Upazila
If Working place of Male /Female in abroad, name of the country
_____________________.
19. Have taken loan from any institution? Yes/No
If answer is yes:
7
Sl. # Name of Institution Amount of loan Year of loan Duration of loan
received
1 2 3 4 5
20. House rent (only affected)
SL By-SL Name of Father’s Name Address Monthly No. of
No. No. from Renter rent Family
Q-9 members
1 2 3 4 5 6 7
21. Nature of loss of respondent (mentionable)
(a) Land
(b) Homestead
(c) Other Structure
(d) Tree
(e) Business
(f) Crops
Resettlement related: (If homestead/business/common resources properties-CLARP is
affected, Q32-Q36 are applicable)
22. (Only in case of affected homestead/CLARP)
Owner of land (self/relatives/Government/Others)t
Kind of loss of homestead: Partially/Fully
Quantity of residual land except affected land, useable as homestead (decimal)
fallow (decimal)________cultivable (decimal)
23. Would you like to donate your land/property for the betterment of the community without
receiving any compensation for the affected property? Yes/No
24. Do you like to (a) be resettled on your residual land or (b) be resettled by purchasing of
new land or (c) by the project:
If you be resettle by yourself, where?
Nearby place
In other village
In Town
Others (Please mention)
25. In case of affected business/industrial establishment:
Name of owner of business / industrial enterprises
Kind of loss of infrastructure: Partially/Fully.
26. Do you like to (a) be resettled in your own land or (b) be resettled by purchasing land or (c)
be resettled by the project?
If you be resettled by yourself, where?
Nearby place
In other village
8
In town
Others (Please mention)
27. Do you want assistance from Government for resettlement? Yes/No.
If answer is yes, how?
a.
b.
c.
d.
28. If Yes, How do you like to get compensation of affected property: in cash or in kind
How would you like to spend the compensation money?
1. To buy land 2.To shift house 3.To build house 4.To get training for taking new occupation 5.
To get job 6.To do business 7. To marketwise the produces 8. To invest for self employment 9.
To adjustment of loan 10. Other (Please mention)
1st 2nd 3rd
* Planning according to preference
29. What are the available source/opportunities for employment in your locality?
a.
b.
c.
30. Is there any requirement of training for skill development for taking up new occupation
for you or members of your family? Yes/No.
If answer is yes, name of training essential for you/ family members:
1.
2.
3.
Name and signature/thumb impression of the Interviewee with date
Comments of the enumerators
_____________________________________________________
Annex- 2 Market survey form
Area
Code
Form No.
9
Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)
Land valuation Survey Form
Only for land affected Mouza
1. Identity of Respondent
Name
Name of Father/Husband _____________________________,
Occupation_________
Village: , P.S: ,
2. Have you purchased land during last one year?
If answer is yes: No
a) Date
b) Location of land (Mouza, Plot No.) and Category
c) Amount of land (Decimal) d) Purchase value of land (Except stamp and other
expenditure)
3| Have you sold any land during last one year?
If answer is yes: No
a) Date
b) Location of land (Mouza, Plot No.) and Category
c) Amount of land (Decimal) d) Sale value of land (Except stamp and other
expenditure)
4| What are the market price of different category of land mentioned below according to
your knowledge?
Sl# Description of categories Location of land Current market price Comments
(Mouza) (Per decimal)
1. Homestead
2. Agriculture land (1st grade )
Single crop
Double crop
Multi crop
3 Medium (2nd Grade)
Vita
Orchard
Other cropped
Fallow
Commercial use along the
para
4 Hill (3rd grade)
Timber / Fruit trees
Forest
Fallow
5 Jhum Land
6 Commercial use in market
7. Pond (Under cultivated)
8. Pond (Non cultivated)
9. Fallow land (plain)
10
10. Road/community use
11. Water body/ditch
12. Others(Please mention)
Name & Signature of Respondent
11
Ward No
Form No.
Annex 3 Tree Valuation Survey Form
Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)
What are the present market prices of the following trees according to your knowledge?
Sl# Market price of tree (as per age)
Name of tree Big Medium Small Sapling Comments
1. Mango
2. Jackfruit
3. Black berry
4. Litchi
5. Guava
6. Tamarind
7. Koroi
8. Segun
9. Mehagini
10. Neem
11. Paya
12. Debdaru
13. Silk cotton plant
14. Rain tree
15. Akasmoni
16. Baynna
17. Krishnachura
18. Ucapliptus
19. Banana
20. Marmeloes
21. Hog plum
22. Bamboo
23.
24.
25.
26.
27.
28.
Name & Signature of Respondent
Ward No
Form No.
Annex 4 Structure Replacement Value Survey Form
Second Chittagong Hill Tracts Rural Development Project (CHTRDPII)
12
Sl. # Particular of Structure Measurement of Replacement Comments
Structure value
Roof Fence Floor Quantity Code*
1 Pucca Pucca Pucca
2 Pucca Pucca Pucca
3 Tin Pucca Pucca
4 Tin Pucca Pucca
5 Tin Tin Pucca
6 Tin Tin Pucca
7 Tin Soil Katcha
8 Tin Straw Katcha
9 Straw Straw Katcha
10 Straw Soil Katcha
11
12
13 Latrine (Katcha)
14 Latrine (Slab)
15 Latrine (Pucca)
16 Tubewell
17 Draw well
18 Well
19 Drain
20 Fencing by straw
21 Fencing by Tin
22 Boundary Wall (Brick) “
*Infrastructure Unit Code 1. Sft, 2. Rft 3.Cft 4. Number
Name & Signature of Respondent
13
