Madhya Pradesh Urban Services

Land Acquisition and Involuntary Resettlement Due Diligence Report Document stage: Updated Project number: 42486-016 December 2018 IND: Madhya Pradesh Urban Services Improvement Project – Subproject Group Water Supply Scheme towns Katangi, Bhedaghat, Majholi, Panagar, Patan and Sihora under District Jabalpur and Tendukheda under District Damoh Package No: MPUSIP-5B Prepared by Urban Development and Environment Department, Bhopal Government of Madhya Pradesh for the Asian Development Bank. This updated land acquisition and involuntary resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, management, or staff, and may be preliminary in nature. Your attention is directed to the ‘terms of use’ section on ADB’s website. 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. CURRENCY EQUIVALENTS (as of 12 December 2018) Currency unit = Indian rupee (₹) ₹1.00 = $0.014 $1.00 = ₹70.14 ABBREVIATIONS ADB - Asian Development Bank BPL - Below Poverty Line GOI - Government of India GOMP - Government of Madhya Pradesh HHs - Households MPUDC - Madhya Pradesh Urban Development Company OHT - Over Head Tank O&M - Operation and Maintenance PIU - Project Implementation Unit PMC - Project Management Consultant PMU - Project Management Unit R&R - Resettlement and Rehabilitation RFCTLARR - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ROW - right-of-way RWA - Resident Welfare Associations SCADA Supervisory Controller and Data Acquisition SPS - Safeguard Policy Statement UADD - Urban Administration and Development Directorate UDED - Urban Development and Environment Department ULBs - Urban Local Body WRD - Water Resource Department WSS - Water Supply Scheme WTP - Water Treatment Plant 2 CONTENTS I. INTRODUCTION ........................................................................................................... 5 A. Background ................................................................................................................ 5 B. Project Description ..................................................................................................... 6 C. Scope of this Report ................................................................................................ 6 II. POLICY FRAMEWORK, AND ENTITLEMENTS ........................................................... 7 III. SUBPROJECT DESCRIPTION .................................................................................. 7 A. Description of Subproject ........................................................................................... 7 B. Proposed Group Water Supply Scheme ................................................................... 16 IV. FIELD WORK AND PUBLIC CONSULTATION ........................................................ 19 A. Outline of Fieldwork .................................................................................................. 20 B. Field Report .............................................................................................................. 20 C. Public Consultation ............................................................................................... 20 V. LAND AVAILABILITY AND INVOLUNTARY RESETTLEMENT IMPACTS .................. 21 VI. BUDGET .................................................................................................................. 29 VII. CONCLUSIONS AND RECOMMENDATIONS ......................................................... 30 A. Summary and Conclusions ....................................................................................... 30 B. Next Steps ................................................................................................................ 30 FIGURE Figure 1: Location of each Subproject Towns under Package 5B Figure 2: KEY PLAN (PACKAGE 5B FEEDER MAIN) Figure 3: Location of proposed components on Google map Figure 4: Site Photographs TABLE Table 1: Subproject Towns Population & Water Demand Table 2: Salient Feature of Subproject Towns and Existing WSS Table 3: Proposed Water Supply Subproject Components Table 4: Proposed WS Components in sub project towns Katangi, Patan, Majholi, Sihora, Panagar, Bhedaghat and Tendukheda and their involuntary resettlement impact Table 6: Budget 3 APPENDIX Appendix 1: Details of Land Ownership for each Proposed Water Works Component Appendix 2: Summary of Consultation with Stakeholders Appendix 3: Photographs of Stakeholder Consultation and List of Participants during Planning Phase Appendix 4: Photographs of Stakeholder Consultation and List of Participants during Implementation Phase Appendix 5: Photographs of Informal Consultation at Subproject Towns Appendix 6: Involuntary Resettlement Screening Checklist Appendix 7: No Objection Certificate (NoC) from WRD Appendix 8: Letter to MPRDC Ltd. to obtain NoC for laying the Pipelines with the RoW of road. Appendix 9: Letter to MP Rural Road Development Authority to obtain NoC for laying the Pipelines with the RoW. Appendix 10: No Objection Certificate (NoC) obtained from NHAI To lay the Pipelines with the RoW. Appendix 11: Letter Written to PWD (Road & Bridge) To obtain NoC for laying the Pipelines with the RoW. Appendix 12: No Objection Certificate Issued by Rani Avanti Bai Lodhi Sagar Canal Prakosht to lay the Pipelines with the RoW and crossing of the canal. Appendix 13: Letter to Forest Department to obtain NoC for laying the Pipelines with the RoW. .. Appendix 14: Land Records of Proposed Component under WSS Scheme Appendix 15: Land Status Certificate Issued by Chief Municipality Officer (CMO) Appendix 16: Letter to District Collector from Nagar Parishad-Bhedaghat for land allocation for Proposed Components under WSS Appendix 17: Letter to District Collector from Nagar Parishad (Bhedaghat) for land allocation for Proposed Components under WSS Appendix 18: Letter to District Collector from Nagar Parishad (Katangi) for land allocation for Proposed Components under WSS Appendix 19: Letter to District Collector and Tehsildar from Nagar Parishad (Majholi) for land allocation for Proposed Components under WSS Appendix 20: Letter to District Collector and Tehsildar from Nagar Parishad (Panagar) for land allocation for Proposed Components under WSS Appendix 21: Letter to District Collector from Nagar Parishad (Sihora) for land allocation for Proposed Components under WSS Appendix 22: Letter to Tehsildar (Tendukheda) from Nagar Parishad (Sihora) for land allocation for Proposed Components under WSS 4 I. INTRODUCTION A. Background 1. Government of Madhya Pradesh (GOMP) with a sector project loan funding from Asian Development Bank (ADB) has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein after referred as ‘the Project’. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency and the State Urban Development and Housing Department (UDHD) shall be the executing agency for the Project. A project management unit (PMU) created under MPUDC is implementing MPUSIP. The Project intends to ensure: a) Continuous, pressurized, safe and sustainable drinking water through private household metered connections in 128 towns; b) Sewage and storm water collection and treatment systems are proposed in 12 identified towns including national heritage towns Sanchi and Khajuraho & Rajnagar; and c) Project also includes component of non -physical investment (GIS, MIS, M&E and Social Safeguards) for system strengthening. 2. The Project is planned to be implemented in three periods: (i) preparatory and procurement; (ii) construction and (iii) operations and maintenance. Prior to implementation of the project, Design Consultants were hired by Implementing Agency to develop Detailed Project Report (DPR) of each subproject town along with safeguard reports. 3. The Resettlement Framework for MPUSIP outlines the objectives, policy principles and procedures for land acquisition, if any, compensation and other assistance measures for Displaced Persons1 (DPs) / affected persons, if any. This framework reflects the borrower’s law on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, state government policies, ADB’s Safeguard Policy Statement (SPS), 2009 and other social safeguard guidelines. A detailed description of compensation measures and assistance is provided in the entitlement matrix. 4. An entitlement matrix, consistent with the existing norms and guidelines of the country and the state government, and ADB’s Safeguard Policy Statement has been prepared to cover losses identified in this Project. The matrix recognizes that the lack of title/customary rights recognized under law will not be a bar to entitlement and has special provisions for non-titled persons. The eligibility for compensation will be determined through a cut-off date. People moving into the subproject area after the cut-off date will not be entitled to compensation or other assistance. 5. Design, build and operate (DBO) model is adopted during construction and O&M phase and this includes (i) finalization of design of each subproject components (ii) construction of water supply facilities, using

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