Resettlement Planning Document
Resettlement Plan for Kavre Valley Stage: Draft for Consultation Project Number: 36188 MAY 2010
Nepal: Secondary Towns Integrated Urban Environmental Improvement Project
Prepared by Department of Urban Development and Building Construction, Ministry of Physical Planning and Works, Government of Nepal
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.
TABLE OF CONTENTS
GLOSSARY OF TERMS
EXECUTIVE SUMMARY 1
I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Description 1 C. Resettlement Category 3 D. RP Preparation 3 E. Summary of Key Impacts 4
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 A. Land Acquisition Requirement 5
III. SOCIOECONOMIC INFORMATION/PROFILE 6
IV. INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATION 12 A. Summary of Public Consultation 12 B. Continuation of Public Consultations 12 C. Disclosure of RP 12
V. GRIEVANCE REDRESS MECHANISMS 12
VI. LEGAL FRAMEWORK 8 A. Government of Nepal Laws 8 B. ADB Safeguards Policy Statement 10
VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 10 A. Eligibility 10 B. Entitlements 10
VIII. INCOME RESTORATION MEASURES 13
IX. RESETTLEMENT BUDGET AND FINANCING PLAN 14
X. INSTITUTIONAL ARRANGEMENTS 14
XI. IMPLEMENTAITON SCHEDULE
XII. MONITORING AND REPORTING 17
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EXECUTIVE SUMMARY
The Project1 is to improve quality of life and to help achieve higher and socially inclusive economic growth in key regional centers in Nepal through improved and affordable municipal services delivered effectively, efficiently and reliably by accountable local bodies. The Project will implement urban environmental improvement, on an integrated basis, in the areas of sewerage and drainage, solid waste, and urban roads and lanes in Biratnagar, Birgunj Butwal, and three municipalities of Kavre Valley (Banepa, Panauti and Dhulikhel) located outside Kathmandu Valley. This Resettlement Plan (RP) focuses on Kavre Valley Integrated Water Supply Project in these three municipalities.
The main objective of this RP is i) to conduct social impact assessment of affected people ii) prepare compensation and livelihood restoration package for them. Structured questionnaires were used to administer individuals within the target groups. Desk study, coordination meeting with local people, field observation and target group questionnaire survey methods were used to collect the socio- economic data. This report was prepared to be consistent with the RF/IPF, ADB's Safeguards Policy Statement (2009) and GoN policies.
The project is Category B for involuntary resettlement. The present study shows that 14 households (86 APs) will be affected from this subproject (11 water mill owners in downstream area, 2 land owners, and 1 encroacher whose house is located on government land.) Private land need to be acquired only for two places, one for Dhaneshwor reservoir Banepa (254.5 sq. m.) and another for pipe route(Devisthan to Shreekhandapur section) at Panauti -1 Choukot (200 sq.m.). Purchase of land is not required for remaining other reservoir and pipe route as they are proposed along public land and road right of way where no structures or temporary/mobile vendors are located. Amongst the 14 affected households, 3 are considered vulnerable households. One woman headed and one lower cast households found amongst the affected households. Although their economic status is not below the poverty line, they are considered as vulnerable groups because of their social standing and hardships requiring extra provisions. The household being physically displaced (encroacher on government land) is also considered vulnerable the household will need to find alternative housing arrangements. No affected persons (APs) lose more than 25 percent of their land or income or lose residential house.
A detailed socio-economic survey was conducted on all project affected households. During the survey a PAFs of Dhaneshwor reservoir could not be contacted. During review of the RP at detailed design stage, this absent household should be contacted and included in the revised RP; hence socio-economic survey was conducted for 12 households. The socioeconomic survey shows that total population of affected persons is 86. The majority of affected households are farmers with some supporting income from water mill, selling milk and wage labour. The literacy status of affected HHs is about 88.2 percent. In the affected households, there are 58.4 percent Newar, 16.7 percent Tamang and remaining other cast are Kshetri, Gurung and Kami. The respective Municipalities will provide compensation to all APs identified. Broad principles of Resettlement and Rehabilitation for this Project will be the following:
The negative impact on persons affected by the project will be avoided or minimized as much as possible; All losses including land, buildings, structures, and trees that result from project implementation will be compensated at full replacement costs at market value; Compensation to households affected by the loss of land/other assets or as per Entitlement Matrix; Before taking possession of the acquired lands and properties, compensation should be paid in accordance with this policy;
1 The Project was prepared through a Project Preparatory Technical Assistance. ADB. 2008. Preparing the Secondary Towns Integrated Urban Environmental Improvement Project. Manila. a
Appropriate grievances redress mechanism should be established to ensure speedy resolution of disputes. Vulnerable households require extra measures to ensure their lives are improved A Compensation Determination Committee (CDC) will be constituted at the district level under Land Acquisition Act (LAA) 1977. This committee responsible for fixing compensation rates for land and other assets to be acquired for project. The CDC members include: (i) Chief District Officer (CDO), (ii) Chief Land Revenue Officer or Land Administrator, (iii) Respective project Chief for which land and other assets have to be acquired (iv) A representative of the District Development Committee and one representative from PAFs should be included in the committee.
There is also provision in the LAA 1977, when land and other assets are obtained through direct negotiation, two parties i.e., Project and landowners discuss the land (plus assets) value and come to a conclusion. Thus, no special arrangement is needed. However, in practice such negotiation is made in the presence of local representatives (municipality/VDC) and residents. To buy the land as described above, Land Purchase Committee (LPC) will be formed in each municipality. One representative from PAFs should be included in the committee. The LPC will follow the following steps;
Public consultation for the determination of compensation of land and other assets. Verification and identification of the landowners or property owners Negotiation with the land owners. Third party validation of negotiation process, as per ADB's SPS.
For smooth and unhindered operation of the project, Integrated Kavre Valley Drinking Water Steering Committee has been formed. Representative of main political parties are members of the committee, Executive Officers and Project Managers of UEIP of three Municipalities are invitees' members. The steering committee has been playing role of coordination for the successful implementation of Integrated Water Supply System of Banepa, Panauti and Dhulikhel Municipalities. All forms of losses will be compensated based on what has been outlined in the entitlement policy outlined by this RP
For the benefit of the APs, the Nepali version of a Summary RP will be made available to them with a copy maintained by PCO and PIU offices. A copy of the RP (draft and final) will be disclosed in ADB’s website. A Grievances Redress Committee (GRC) will also be set up under the project to address any grievances and objections resulting from the project.
The PIU within the municipality assisted by social safeguard specialist from the Design Supervision Consultant will implement resettlement activities. A local Non Government Organization (NGO) will be hired by the municipality to monitor and confirm the RP implementation and ensure APs receive compensation before land is acquired and civil works begin. NGOs will also be responsible for linking APs to relevant government programs related to social and economic rehabilitation, as well as provide necessary training for livelihood development. Internal monitoring will be the responsibility of the municipality and the Department of Urban Development and Building Construction (DUCBC) and will start early during the project when the implementation of the RP starts and will continue until completion of the subproject. The resettlement cost estimate for this subproject includes eligible compensation for land and standing crops, assistance to vulnerable group, and training allowance.
The cost related to land acquisition and resettlement/rehabilitation cost will be borne by the municipality with the DUDBC ensuring all costs are met. The PCO is to ensure that APs are compensated prior to land acquisition and commencement of civil works. A detailed indicative budget is given in this report. Costs include land and allowances for affected persons, including vulnerable households. .
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I. PROJECT DESCRIPTION
A. Project Background
1. Government of Nepal with financial assistance of Asian Development Bank is implementing the Kavre Valley integrated water supply project in the three municipalities of Banepa, Panauti and Dhulikhel. The executing agency for the project is Ministry of Physical Planning and Works (MoPPW) through Department of Urban Development and Building Construction (DUDBC). The project will assist in the creation of improved urban environment and economic conditions in the three municipalities, improve urban management, public health and sanitation, the environment, access to urban services especially by the poor and disadvantaged, and provide improved opportunities for employment and income generation.
2. The existing poor situation of water supply in the three municipalities coupled with great demand for additional and better services; amply demonstrate the need to improve the water supply situation in the urban areas of these three municipalities. The hardship faced by the users, especially during the dry season, in terms of inadequate and unreliable quantity of water, poor water quality and unreliable supply system is evidence enough to intervene and improve critical urban infrastructure services like water supply in the three municipalities.
B. Overview of Kavre Valley Municipalities
3. Dhulikhel Municipality. Dhulikhel Municipality is one of the 3 municipalities of Kavrepalanchowk District and is situated in the Bagamati Zone of the Central Development Region. Dhulikhel is 32 km east of Kathmansu valley along the Arniko Highway and is one of the nine selected towns where UEIP envisages facilitating sustainable urban development , which shall serve as urban growth nodes to Kathmandu. It covers an area of 1398 ha and consists of 9 wards with 11,521 populations as per growth rate about 1.61 % annually based on Nepal Population Report of 2002. Dhulikhel has varied proportion of population of ethnic communities, but is dominated by Newar – 29%, Brahmin – 19%, Tamang 20%, Chhetri – 15% among others. Agriculture / Farming is the single largest occupational group. About half or 52% of the population relies on agriculture income.
4. The present water supply system in Dhulikhel Municipality is mixed. People are served by the WUC managed Khar Khola system (serving wards 2,3,4,5, and part of ward 1,6,7) 24 hours a day by good quality water which is treated throughout the year.The water supply for the rest of the population is very poor, which insufficient quantity during the dry season and very poor quality during the rainy season as there is no treatment. Thirty other smaller sources serve 150 stands to the remainder of the population. Most of these small schemes were built by DWSS and some NGO's, as the water being supplied is not treated, the quality of the water, although generally good at other times, is poor during the rainy season. There systems are presently being operated and maintained by SWSS and the municipality. Most of these schemes need rehabilitation.
5. Banepa Municipality. Banepa Municipality is one of the 3 municipalities of Kavrepalanchowk District and is situated in the Bagamati Zone of the Central Development Region. Banepa is 26 km east of Kathmandu valley alone the Arniko Highway to China boarder and is bounded on the east by Dhulikhel Municipality and on the south by Panauti Municipality. It covers an area of 828 ha and consists of 11 wards with 15,822 populations as per growth rate about 2.33 % annually based on Nepal Population Report of 2002. Of which Newars are the predominant ethnic group, while Barhamans, Chetris, Janajatis and Dalits constitute the other major ethnic groups. The major economic activities of the communities in the municipal area are trade, technical education and information and communication centre. About 67 % of the people are found to be economically active, while 2.4% are found to be below poverty line.
6. Dhaneshwor Water Supply System is the first piped water supply system of Banepa municipality constructed in 1941 with Daneshwar as the source. Whereas, Sashipani System is the largest water supply system in Banepa Municipality service Ward Nos 1,2,3,4,5,7,8, and 9. Therefore, Chandeswori water system scheme serves only ward no.1 near Chandeswori temple.
7. The present water supply system in Banepa municipality serves mainly built areas ward no 1, 2,3,4,5,6,7,8 and 9. The remaining wards 10 and 11 are served by small springs. Shallow well and nearby streams. The population is served through 133 private connections and 33 public stand posts. The population covered by private connections and public stand posts is 55% and 21% while the rest (24%) using unprotected water. The water supply situation in Banepa is not good. The water is supplied for about 2 hour every day in wet season. The supply situation becomes very critical during dry season when available water dwindles to about half. The duration of supply deduces to 1 hour every alternate day in dry season.
8. Panauti Municipality. Panauti Municipality lies 32 km south - East of Kathmandu Valley and is bounded by Banepa Municipality in the North and Dhulikhel Municipality in the North East. The total population is about 25,563 of Which Newars are the predominant ethnic groups and the total municipal areas is about 3295 hectares. It is a town with a highly fertile agricultural hinterland. About 93% of the population depends upon agriculture, specializing in dairy and horticulture.
9. Present water supply situation in Panauti Municipality is very poor. The area supplied by piped water supply service water for few hours during wet season but situation become acute in dry season when supply reduces to one hour every alternate day. There is great demand for new private connections from various urbanized areas but connections have not been given due to lack of water and pipe system to cover all areas.
C. Water Resources Assessment
10. Combined water supply scheme for Banepa, Dhulikhel and Panauti Municipalities have been proposed. Under the proposed scheme main Rosi Khola (that has been named as Muldole Khola) and its tributaries such as Khar Khola, Gudgude Khola, Bairamahadev Kholsi,\ and Shishakhani Kholsi are the main sources of the system. Final feasibility Report on Kavre Valley Water Supply system has clearly showed that the proposed scheme can fulfill the drinking water demand of all the three municipalities. The Final Feasibility Report shows that the Roshi Khola source is determined to bethe the most feasible among the sources available in terms of adequacy, technical complexity, environmental, financial implication and operation and maintenance. The present source Rosi Khola lies to the south of Panauti. The discharge of Rosi khola and its adjoining tributaries had been measured several times in different seasons and found adequate to meet water supply requirements for the three municipalities.
D. Downstream Users
11. Concerns with reference to the diversion of water from main Rosi Khola and its tributaries were raised from downstream water users (e.g., irrigation farmers and traditional water mill owners). These downstream water users were concerned that diverting water from Rosi Khola for the proposed combined water systems for the three municipalities will affect their existing irrigation systems and the traditional water mills as well. The project conducted a number of meaningful consultations with downstream users and based on these discussions the project included a number of special project design features (i.e., providing pumps2 to farmers for continued supply of water for irrigation and rehabilitating water mills to more efficient systems), that will mitigate any impacts to the downstream operations. Feasibility studies indicate that enough water will be available for continued operations of
2 The electricity costs to run the pumps will be provided by the Kavre Valley Supply Management Committee which will use revenue generated from the water tariffs to pay for costs to operate the pumps.
irrigation and water mills, however, since water levels during dry season are lower, the irrigation canals and water mills as currently constructed cannot access the water (simply put, enough water is available, it's just not accessible during dry season.). The dry season is during March and April and amounts to about 15 days a year of low water levels. As a result of project measures, the users will be able to continue their existing operations and water uses unaffected. This is described further below. Moreover, government rules require water diversion projects to leave at least 10% flow for downstream uses. The project complies with this requirement. An appendix includes the results of feasibility study and information on mean monthly flows and water balances for downstream users.
12. The results indicate that the month April has been accounted as the lean flow period of the year for all the sources. Apart from the water available for abstraction, downstream water utilization has been also assessed and it was found out that the water available for the proposed combined system during the driest period from the proposed sources is about 70 lps. This indicates that the water available at the sources is sufficient for the proposed combined water system and downstream uses utilizing Roshi sources during the dry months of March and April.
13. The Water Resources Act, 1992 provides the following priority orders to be followed while utilizing the water resources (i) drinking water and domestic use; (ii) irrigation; (iii) agriculture uses; (iv) hydroelectricity. At present, Water Resources of Roshi Khola basin has been used for irrigation, water supply, hydropower, Ghatta (traditional water mill) etc. The study team consulted these groups about the source utilization pattern. Findings are included below.
14. Irrigation. Irrigation is the largest sector utilizing water resources of the Roshi Basin. There are few diversions along Roshi Khola above of Roshi and Bebar Khola confluence; none of them comprises significant command area (more than 1 ha). However, there is one big irrigation system (Roshi Phant), which is about 500m d/s of Roshi and Bebar Khola confluence. Irrigation canal intakes may not be able to withdraw water from the river due during dry days (March/April) due to reduction in water level in Roshi Khola. To mitigate these impacts, the project will provide pumps to these farmers to ensure they will be able to draw the same levels of water to continue their operations (see feasibility report February 2010).
15. Drinking Water. After irrigation, drinking water is largest sector utilizing (consumptive utilization) the water resources in this basin. As the quantities of extracted water for the use of water supply are drawing are negligible for small systems (Dhulikhel Water Supply System abstracts about 15-16 lps from the sub-basin Khar Khola) these systems will not be impacted. The drinking water supply project receives the highest priority and the project has already obtained the permission from the district development committee for the construction and execution of the project.
16. Hydropower. It was observed that a single Khopasi Hydro-power is present in the concern Roshi Khola basin. According to local persons it is somehow operating in other months but not functioning in 2-3 peak dry months. The project will not impact the use of the hydropower plant as enough water during the non-dry months is left for normal operations. However, utmost priority has been given for the irrigation of monsoon crops rather than hydro-power generation.
17. Water Mills. There are 11 traditional water mills in the down stream along Roshi Khola. These water mills are exclusively used for grinding maize and millet, the major staple food in the community. It costs about NRs 10,000 to 15,000 for traditional water mill and NRs 40,000 to 50,000 for improved water mill. According to water mill owners the capacity of grinding is 100-120 Kg a day. The charge of service is paid in kind which is paid immediately after grinding is over. At the going rate of one "Mana per Pathi" (8 mana equals to 1 pathi, one pathi equals to tentative 3.5Kg) the incomes to about 3 pathi at maximum in a day. But the average is less at about 1-2 pathi per water mill (about NRs 150) per day. The water mills owners are worried that their source of livelihood could be threatened if enough water is not left at source after diverting it to the water supply. The project consulted water mill owners
and includes special measures (i.e., financial subsidy and technical assistance to convert the mills into more efficient systems) to ensure their operations are not affected by the water diversion
18. Other Downstream Uses. In the confluence of Roshi and Punyamati River, there is a cremation spot (Ghat), which is located at the downstream area that requires some water for the bathing and other purpose. Altogether about 10% of available water (as per government rules) in corresponding river has been left for these uses to continue purposes, which includes carrying out religious and cultural activities on riverbanks demanded by local customs and traditions.
Figure No. 1: Project Location Map
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
19. Land Acquisition. Based on available design, land purchase will be required for Dhaneshwor reservoir (254.5 sq.m.) and pipe route (200 sq.m.). The estimated land area to be needed in these two places is 454.5 sq.m. Purchase of land is not required for remaining other reservoir as they are proposed along public land. One household is a non-titled family located on NWSC land where a water treatment facility is located at Shabi Pani (existing NWSC reservoir site). The majority of distribution network will be constructed within the road RoW which is public road and path, where no structures or temporary/mobile vendors (to be again confirmed at detailed design) are located and where sufficient space is available to accommodate pipe laying. The present density of development in these sub project areas is low, and the RoW is clear of any encroachments (to be again confirmed at detailed design). However, in case of disruption of access during construction, the contractor will provide assistance through provision of planks and expedite works in these areas so that access to land can continue undisturbed. Moreover, as per the contract provisions, the contractor will be
required to put back the road to its original condition after the pipe laying. These measures are included in the EMP.
20. The construction locations, land acquisition requirements, no. of affected households and land use pattern are shown in Table 2.1
Table 2.1: Land Area to be acquired and Number of Affected People
S.N Location/Municipalit Objective Plot Land Land AHs Land Use Resettlement y ownershi acquisitio Area impact p n (sq.m) category Required 1 Devisthan,Dhulikhel Reservoir Public No - Barren Land Cat B. 2 Pipalbot, Dhulikhel Reservoir Public No - Barren Land 3 Thakuri gaon, Reservoir Public No - Barren Land Dhulikhel 4 Bansghari, Dhulikhel Reservoir Public No - Barren Land 5 Dhaneshwor, Banepa Reservoir Private Yes 245.00 1 Barren Land 6 KUPS Danda, Reservoir Public No Barren Land Panauti 7 Devisthan,Panouti Reservoir Public No - Barren Land 8 Choukot, Panauti Piperoute Private Yes 200.00 1 Agriculture (Devisthan- . Shreekhandapur section) Note: No encroachment of any type in Barrend land is noted during the survey. Source: Socio-economic Survey Dec 2009 and Jan 2010.
21. This subproject is Category B (IR) requiring a resettlement plan prepared commensurate to the impacts.3
22. Downstream Impacts. Diversion of water from the Roshi Khola to subproject area will affect the availability of water downstream for livelihood activities such as water mills (Ghatta) for grinding grains and irrigation of farm lands.
23. The details of affected water mill owners and landowners are presented in table 2.2.
Table 2.2 : Details of affected households S.N Owners Location VDC/Municipality Ownership Family Main Avg. Daily (name taken Type members occupation income out to protect Rs. privacy) 1 Kusha Devi-6 Kusha Devi VDC Mill 2 Agriculture 90 2 Kusha Devi-6 Kusha Devi VDC Mill 11 Agriculture 150 3 Kusha Devi-5 Kusha Devi VDC Mill 6 Agriculture 100 4 Bhumidanda- Bhumidanda VDC Mill 15 Agriculture 175 3 5 Bhumidanda- Bhumidanda VDC Mill 4 Agriculture 120 3 6 Bhumidanda- Bhumidanda VDC Mill 7 Agriculture 170 1 7 Bhumidanda- Bhumidanda VDC Mill 6 Agriculture 250 1 8 Bhumidanda- Bhumidanda VDC Mill 5 Agriculture 245 5
3 Projects are assigned an involuntary resettlement category depending on the significance of the probable involuntary resettlement impacts. “Significant” means 200 or more people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).Category A projects require a full resettlement plan. Category B projects include involuntary resettlement impacts that are not deemed significant and require a short resettlement plan.
S.N Owners Location VDC/Municipality Ownership Family Main Avg. Daily (name taken Type members occupation income out to protect Rs. privacy) 9 Bhumidanda- Bhumidanda VDC Mill 6 Business 125 6 10 Bhumidanda- Bhumidanda VDC Mill 6 Agriculture 125 6 11 Bhumidanda- Bhumidanda VDC Mill 5 Agriculture 150 6 12 Panauti-1 Panuti Municipality Land 8 Agriculture 173 13 Banepa Banepa Municipality Land Not available 14 NWSC land at --- House 5 Government Rs 9,000 existing staff (NWSC (son earns reservoir employee) additional Rs 8,000) * Mr Manandhar, and his family members was absent and couldn’t contacted during socio-economic survey.
24. Irrigation Uses. Irrigation canal intakes may not be able to withdraw water from the river due to reduction in water level in Roshi Khola. The project will provide pumps to these farmers to ensure they will be able to draw the same levels of water to continue their operations.
25. Number of Affected Households, Area, and Type of Propety Loss. The number of Affected Families and the type of property loss is given in the following Table 2.3.
Table 2.3: Number of HHs Affected by Type of Property Loss Particulars Land Only House Only Land Water mill Total House No. of HHs 2 1 - 11 14 Source: Socio-economic Survey Dec 2009 and Jan 2010.
26. Project will not adversely affect any Common Property Resource (CPR) in terms of public structures or buildings.
27. One affected household was absent at the time of survey. During review of the RP at detailed design stage, this absent household must be contacted and included in the revised RP and compensation arrangement.
A. Land Requirement and Other Sources of Income
28. In terms of land area requirement, one household was absent during the socio-economic survey. Another affected household who lives Panauti -1, Choukot have 15 ropani (7,635 sq.m.) lands and loses about 200 sq.m (2.6 percent) of his total land holding. The average loss of income from the affected land comes out to be NRs 5,500.0 (78.5 kg paddy and 157.1 kg potato) per annum. The household's income from the affected land is about 11.2 percent of their total income. However, loss of income from the procured land is less than 25 percent hence he is not in SPAF. Total land holding of affected landowner and their land loss is presented in table 2.4.
Table 2.4: Total landholding of affected land owner and their land loss No of land owners by Total loss of % loss of Annual % of Income Remarks land loss (name taken land land Production (NRs) out to protect privacy) 200 sq m 2.8 5500.00 11.2% Less than 25% 245.5 sq m N/A 0 (Barren land) 0 (Barren land) Source: Socio-economic Survey Dec 2009 and Jan 201. Note: The land of Dhaneshwor, Banepa is barren land. Mr Manandhar, and his family members was absent and couldn’t contacted during socio-economic survey.
B. Vulnerable groups
29. Amongst the 14 affected households, 3 are considered vulnerable households. One woman headed and one lower cast (Dalit) household is found amongst the affected households. Although their economic status is not below the poverty line, they are considered as vulnerable groups because of their social standing and hardships requiring extra provisions. The household being physically displaced (encroacher on government land) is also considered vulnerable the household will need to find alternative housing arrangements. No affected persons (APs) lose more than 25 percent of their land or income or lose residential house.
30. There is only one Dalit (low cast) family found among the project affected people. He has an owner of water mill and his primary occupation is business, his economic status is not below the poverty line. There are two woman headed households found among the affected households. One is owner of Ghatta (Traditional water mill). Mrs Shrestha's economic condition is not below the poverty line. The main occupation of her family is agriculture (she owns 7 ropani land and other income from selling milk). The other woman headed household is the encroacher household whose house is located on government land. Her income is Rs 9000 per month plus Rs 8000 from her son. She is a NWSC (government) employee and owns agricultural land elsewhere.
C. Mitigation Measures for Social Impacts
31. The purpose of mitigation measures are to reduce or minimize adverse social impacts. The table 2.5 lists the key mitigation measures and responsible agencies for implementation of the recommended measures.
Table 2.5: Matrix on Mitigation measures and Responsible Agency Mitigation Measures Responsible agency Losses of land other assets Municipalities, PIU/PCO and Contractor Strictly follow the resettlement and rehabilitation policy Compensation at land and other assets at replacement value Extreme care should be taken by contractor to avoid damaging private and public property.
Reducing the land use Municipalities, PIU/PCO and Contractor Appropriate route selection to minimize impacts Maximum use of existing road and public land Collection of spoils and its management in scientific way Enhancement of local facilities Municipalities, PIU/PCO Assistance to coordinate with Dept of road for repair and upgrading existing road Panauti to Bahira Mahadev which passes through Kushadevi and Bhumidanda VDCs. Coordinate with District Education Office Dhulikhel for expand the capacity and facility of schools of impacted VDCs Skill enhancement measures PIU/PCO /Department of Agriculture Coordinate with the Department of Agriculture for agricultural extension services to farmers of impacted areas in order to increase the agricultural production. During the winter season manage other types of irrigation such as sprinkler, dip irrigation and at the same time diversification of other suitable crops with the coordination of Department of Agriculture. Provide short time training related to health and sanitation for local PIU/PCO / Municipalities community both upstream and downstream areas with the coordination of District Health Office or other health related institutions.
III. SOCIO-ECONOMIC STUDIES
32. The Primary objective of the Socio-economic studies is to assess the socio-economic status of the affected people. Census and socio-economic survey were conducted for all affected households.
33. Methodology. The structured questionnaires were used to administer individuals within the target groups. Desk study, coordination meeting with local people, field observation and target group questionnaire survey methods were used to collect the socio-economic data. In order to collect data on socio-economic a questionnaire was developed. The preset questionnaires formats are included here within this report in the Annex-4.
34. Identification of Affected Persons. Affected Person (APs) include any person whose livelihood or living standard is adversely affected through partial or complete loss of land, housing and other assets, income or accesses to service as a consequence of the implementation of the project causing a change in land use, either permanently or temporarily. They include landowners, registered and non registered tenants farmers, house tenants, landless farmers, landless squatters, agricultural laborers, shopkeepers etc.
35. Findings & Analyses of Socio-economic Survey. The present study shows that 14 households will be affected from this subproject (11 water mill owner, 2 landowners, and 1 encroacher house). During the survey and field visit one household of Dhaneshwor reservoir was absent. According to local people Mr Manandhar, landowner of of Dhaneshwor, Banepa reservoir is conducting business of real state and has good economic condition. So, socio-economic survey was conducted only for 12 affected households.
36. Caste / Ethnic Background with indigenous and minority group. Ethnic composition and characteristics have a prominent place in Nepalese society and they reflect directly in the social status, economy and livelihood pattern of the people in most cases. Ethnicity, culture and religious are also important factors needing attention when new programmes are conceived, designed and implemented in any area. The responses of these social attributes to outside interventions are sensitive and greatly influence the performance.
37. There are number of ethnic groups and caste groups found in the project area. Among the affected PAFs, Newar is the dominant ethnic group followed by Tamang, Kshetri,Gurung and Kami. The ethnic composition is presented in table 3.1
Table 3.1: Caste / ethnic background S.N. Caste / Ethnic Group No of Household Percent 1 Newar 7 58.4 2 Tamang 2 16.7 3 Kshetri 1 8.3 4 Gurung 1 8.3 5 Kami 1 8.3 Source: Socio-economic Survey Dec 2009 and Jan 2010.
38. Educational Level of Affected peoples. The education status of affected households is presented in table 3.4
Table 3.4: Education level (6 yrs and above) S.N Education Level Male Female Total Percent 1 Illiterate 3 5 8 11.8 2 Literate 7 8 15 22 3 Up to class ten 13 12 25 36.8 4 S.L.C. 7 6 13 19.1 5 10+2(Intermediate) 5 2 7 10.3 Total 35 33 68 100 Source: Socio-economic Survey Dec 2009 and Jan 2010.
39. In the educational status of the persons above 6 years of age, the survey shows that 11.8 percent people are illiterate. The status of women in education seems to be poor as compared to men (about 53.3 percent male and 46.7 percent female are literate).
40. Main Occupations. Excluding the children below the age of 6 from major occupational analysis the survey shows that 38.2 percent are student and 13.2 percent are engaged in household works. Among others the population with main occupational category shows that 28.0 percentages engaged in the agriculture farming, 17.6 percent are engaged in water mill operating and 3.0 percent engaged in business. The occupational status of affected person is presented the table 3.5
Table 3.5: Occupational status of affected households
S.N Main Occupation Male Female Total Percent 1 Agriculture 10 9 19 28.0 2 Water mill operating 11 1 12 17.6 3 Business 1 1 2 3.0 4 Household work 0 9 9 13.2 5 Student 13 13 26 38.2 Total 35 33 68 100 Source: Socio-economic Survey Dec 2009 and Jan 2010.
41. Food Sufficiency. None of the affected households have food surplus to sell above its own need, 41.7 percent can grow sufficient food for less than 4 months and remaining 58.3 percent can grow sufficient food for 4-8 months. For the insufficient months, they are meeting their expenses from selling milk, milk products, wage labour etc.
42. Income and Expenditure. The annual average incomes of the affected households are estimated to 45,000 to 90,000. Likewise the overall annual average expenditure of affected households is estimated at Rs 45000 to 70,000. Details of hhs income and loss due to project is presented in table 3.6
Table 3.6: Details of HH income and income loss due to project of affected families S.N Owners (name taken Location Annual hhs Income Percent of out to protect income NRs loss due to income privacy) Project loss NRs 1 Kusha Devi-6 45000 5400 12 2 Kusha Devi-6 65000 9000 13.8 3 Kusha Devi-5 60000 6000 10.0 4 Bhumidanda-3 75000 10500 14.0 5 Bhumidanda-3 80000 7200 9.0 6 Bhumidanda-1 76000 10200 13.4 7 Bhumidanda-1 83000 15000 18.07 8 Bhumidanda-5 90000 14700 16.33 9 Bhumidanda-6 72000 7500 10.4 10 Bhumidanda-6 55000 7500 13.63 11 Bhumidanda-6 63000 9000 14.3 12 Panauti-1 63000 5500 0.8 13 Banepa NA NA Source: Socio-economic Survey Dec 2009 and Jan 2010.
43. Gender. Both female and male farmers make decisions jointly on many issues but among the decision made singly, there is less proportion by women compared to men. Due to busy household chores women are tied to household activities and caring for cattle like forage cutting etc, so they are less available in social organization.
IV. CONSULTATION AND GRIEVANCE REDRESS
A. Public Consultation
44. The Resettlement Plan has been prepared and will be implemented in close consultation with the stakeholders. During the field visit, the consultants conducted village level consultative meetings with the affected peoples and village representative. They have been informed about the likely impacts of the sub-project. After finalization the Resettlement plan the summary of RP will be prepared in Nepali language and distributed to impacted people and other stakeholders. During the meeting, the affected people expressed that they have no objection to divert the water for drinking purpose but they are aware that their livelihood will be affected without sufficient amount of water in the Roshi Khola.
45. To prepare the report several field visit and interaction programme were carried out in Banepa, Panauti and Dhulikhel municipalities with the local people, stakeholders and UEIP management team. Some of the major meetings and interactions held during the course of the preparation of this report are given in the table 4.1
Table 4.1 : Meetings/ Interactions with Project Stakeholders S.N. Date Description Remarks 1 15 Nov 09 Meeting at Dhulikhel Municipality Attended by P.M.,PCO, Water users committee and regarding UEIP present status other consultant 2 16 Nov 09 Orientation Meeting at Banepa Attended by local political party representative, Municipality regarding UEIP Municipality Members and P.M, UEIP staffs and Consultants 3 17 Nov 09 Orientation Meeting at Panauti Attended by local leader ,Municipality Members, Municipality UEIP staffs, PM and Consultants 4 26 Nov 09 Meeting and field vist at Panauti Attended by local political party representatives, Municipality PM, Water Users Committee, UEIP staffs, PCO, Municipality Members and Consultants 5 4 Dec 09 Resource demand mitigation Attended by local political party representatives, coordination Meeting at Banepa PM, Water Users Committee, UEIP staffs, PCO, Municipality Municipality Members and Consultants 6 18 Dec 09 PIU office Kathmandu Attended by UEIP,PIU,PCO and consultants 7 29 Dec 09 Resourse Users and field visit at Attended by Locals of resource area, PAFs, Roshi Khola Basin Municipality representative, Poltical leaders, members of Resource Demand Mitigation Coordination Comittee and Consultants. 8 29 Dec 09 Focus Group Discussion with PAFs Discussion with PAFs regarding social issues and at Bhumidanda -3 compensation of affected property. 9 14 Jan 2010 Meeting at Panauti with UEIP staff, Discussions the current status of 36 demands of Municipalities EO. Local political stakeholders. leaders and consultants
46. The issues raised during the discussions held during these interactive meetings were incorporated into the project design and this RP. Copy of the minutes of meetings and major decisions taken is attached as Annex 4.
B. Grievance Redress Committee
47. Any grievances and objections will be referred to the Grievances Redress Committee (GRC). The constitutional basis of the Grievance Redress Committee (GRC) for RP/IPP activities is Clause 11 of the Land Acquisition Act of Nepal 2034 (1977). The Act assigns CDO as the sole responsibility to chair land acquisition activities. In keeping with the legal provision mentioned in the Act, the basic process of grievances redressal to be undertaken under the Project will be as follows: (i) Decisions should be given within fifteen days after receiving the grievances. (ii) Further processing of the grievances or any decision should be taken only after consultation with the CDO and also the Project Officer, if deemed necessary.
(iii) Ministry of Home Affairs can exercise legal authority through the District court while investigating in the matter of such grievances.
48. When plot owner and municipality negotiate directly and come to mutual agreement, GRC as per the LAA is not required. In these cases, the Project will form its own Project GRC formulated by the municipality, if necessary. The project formulated grievance mechanism will be split into three phases: In the first phase, a GRC chaired by EO will come up with remedial measures. Only if the complainant is not satisfied with this decision, the issue will be brought up to the municipal board, as the second phase. If the person is still not satisfied, then he/she can go to either the court or MPPW, as a third phase. This is illustrated in the figure below.
49. The project manager of the PIU is to activate the project GRC. This process is not to supersede or impeded on the country's formal grievance processes. The GRC will meet as needed to determine the merit of each grievance, and resolve grievances within a month of receiving the complaint. The GRC with a minimum of three members will be headed by the Executive Officer. Members of the committee may also include local government representative (VDC, DDC), representatives of APs with one male and one female, a representative of vulnerable people’s organisations active in the area concerned, social safeguards consultant, the NGO, and a representative from the Project. The Committee thus appointed should be sanctioned by the municipal board. The time bound GRC process is illustrated in the figure below.
50. Complaints should be addressed to the PIU or municipality. The PIU will keep records of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The GRC should provide the concerns of the complainants on issues relating to negative and physical impacts that they conceive would occur by the implementation of the particular project sub- component. All complaints should be signed with complete information on name, contact address, phone number if any so that the person can be contacted when required. An acknowledgement to the effect that the complaint has been received by the coordinator’s office should be promptly sent to the complaints. All complaints received should be first registered, categorized and prioritized. They should be analyzed and assessed the concerns raised by the affected parties and have discussion and consultation with them. Records of all such proceedings should be maintained, for future reference, and the attendance of all participants with their signature, in particular the complaints and affected groups should be recorded. If grievances cannot be addressed, the matters are brought to higher authorities (which could be the municipal board, court or central government).
51. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following: (i) APs not enlisted; (ii) Losses not identified correctly; (iii) Compensation/assistance inadequate or not as per entitlement matrix; (iv) Dispute about ownership; (v) Delay in disbursement of compensation/assistance; and (vi) Improper distribution of compensation/ assistance in case of joint ownership.
Flow Diagram for Conflict Resolution and Grievance Redress Mechanism D A Affected Party/Group Y S
Complaint 0 (0 Days)
Phase 1 Initial Assessment by GRC chaired 7 by EO (7 Days)
Discussion with AP and AG (7 Days) 14
Finalize the Initial Inform the AP/AG Ineligible Assessment about Ineligibility
(7 Days) (7 Days) 21 Eligible Complaint
Formulating Remedial Cases beyond Jurisdiction of Measures (7 Days) Municipality (7 Days) 28
Discussion with APs to Inform Decisions (3 Days)
31
Municipal Board Consideration (7 Days) Phase 2
38 Cases beyond Jurisdiction
Remedial Refer the Case Refer the Case Phase 3 Action to Higher to Higher & Authorities Authorities Monitoring (2 Days) (2 Days) (2 Days)
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Keep Municipal Board Informed
V. LEGISLATION, POLICY FRAMEWORK & ENTITLEMENTS
A. Government of Nepal Laws
52. The Land Acquisition Act, 2034 (1977) is the core legal document to guide tasks related to land acquisition and resettlement activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public puRPose, subject to the award of compensation. According to Clause 4, institutions seeking land acquisition may also request GON to acquire the land under the regularity provisions subject to be compensated by such institutions' resources. Clause 27 of the Act provides for land acquisition through the mutual agreement with the plot owners, where the process of land acquisition as per Act is not required. The Act grants the plot owner the right to choose between a mutual agreement process, or the formal process for land acquisition (as described below). Where Clause 27 is enacted, and the plot owner is not satisfied with the compensation agreement offered, Clause 18 (sub-clause 2) states that the owner can file a complaint with the Ministry of Home.4
53. As per the regulatory provision, while acquiring land, GoN forms a Land Acquisition and Compensation Fixation Committee (LACFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts. The other members to be included in the Committee comprise of the Chief of Land Revenue Office (LRO), an Officer assigned by CDO, representative from District Development Committee (DDC), Concerned Project Manager, and VDC representative. The Project Chief functions as the Member Secretary of the Committee. In addition, it has become the practice to include representatives from the Affected Persons (APs).5 This practice of fixing compensation is known as Community Consensus Valuation (CCV). LACFC determines the amount of compensation considering the following factors: current price of land value, value of standing crop, houses, walls, sheds or other structures, loss incurred as a result of shifting residence or place of business, and consider relevant acts and periodic guidelines of GoN. According to Clause 6, if the land has to be acquired for institutions other than the local governance bodies and institutions fully owned by the government, the Committee has to consider the following in fixing the compensation amount: (i) Price of land prevailing at the time of notification of land acquisition; (ii) Price of standing crops and structures; and (iii) Loss incurred by the AP by being compelled to shift his or her residence or place of business in consequence of the acquisition of land.
54. As revealed in Clause 9 sub-section 3 of the Act, the duration of compensation days will be determined by LACFC. Clause 37 of the Act illustrates that the Committee may extend the period of additional three months, if compensation are not collected by those affected. After termination of extended three months period the amount will be deposited to the Government account.
55. The compensation to be provided for land acquisition should generally be in cash as per current market value. However, there is also a provision under Clause 14 to compensate land-for-land provided government land is available in the area. The Act also envisages the possibility of two separate rates of compensation, distinguishing between families who lose all their land and those who lose only some part of their landholdings. As stipulated in the Clause 10 there is provision for the affected households to take the crops, trees and plants from land and salvageable from the structures. Clause 39 indicates options to allow the affected households to take all salvageable assets without deduction of any costs from the affected households.
56. Any grievances and objections will be referred to the Grievances Redress Committee (GRC) as per Clause 11 of the Land Acquisition Act, 2034 (1977). The Act assigns the CDO as the sole responsibility to chair land acquisition activities and to address the grievances related to the RP implementation activities.
4 Under the Project, a Grievance Redress Committee (GRC) will be set up for each subproject to address any complaints regarding the land acquisition process, therefore offering the AP another venue to express grievances. 5 Under the Project, a representative from the affected persons is required to be a member of the LACFC to ensure compensation for assets is at replacement value.
57. Clause 20 of the Act authorises the legal tenant of land to receive 25% of total compensation cost. The tenant is entitled 100% compensation for the structure built on the land with the permission of the land owners. Clause 68 (1) of the Forest Act 2049 states that the government may permit the use of forest land for projects under the national priority. According to the clause 68 (2), if any loss to persons or community is involved while permitting use of such land, it is required to compensate the loss.
58. The typical process of land acquisition is indicated in Table 7.
Table 9: Process for land acquisition as per Land Acquisition Act S.No. Steps outlined in the LAA 1 Sectoral agency (DUDBC) decides to execute a development project at a certain location 2 Sectoral agency (DUDBC) requests the Government to acquire land specifying objectives and committing payments of compensation and other expenses 3 GoN approves and orders the initiation process and LACFC is formed 4 Public notification is made at public places in the project area, VDC offices and to the affected households 5 Necessary preliminary survey including boundary demarcation, agricultural production valuation and social census of affected families takes place 6 Land Revenue Office report on the area and location of land to be acquired including likely compensation and amount of loss 7 The local officer (CDO) issues notices including purpose of acquisition and detail of land to be acquired 8 Land transactions are banned within the notified area 9 Owner can file complaints within 7 days through the local officer 10 Resolution of grievance within 15 days of complaint 11 Acquisition of land and payment of compensation
B. ADB Safeguards Policy Statement (2009)
59. The three main elements of the ADB Safeguard Policy Statement (2009) are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least he same level of well-being with the project as without it. In addition, the absence of legal title to land should not be a bar to compensation. Vulnerable groups are entitled to special assistance. The table below compares GoN and ADB's SPS.
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements
Involuntary LAR Invoking eminent domain is only legally Eminent domain is generally recognized and subject recognized when taking land for special needs to policy provisions aiming at avoiding and of the State (Land Reform Acts 1964, LAA minimizing LAR and replacement of lost assets and 1977, Town Development Act 1998, Land Act rehabilitation of livelihoods. APs to be at least as 1997 and Local Self Governance Act (998). well-off as without project( Safeguard Policy These acts/rules do apply for any project where Statement, 2009) the land is acquired involuntarily.
Property Rights Constitution of the Kingdom of Nepal 1990 and Clearly asserts rights of property of a person living in Interim Constitution 2007 guarantees the the particular domain/area regardless of official property rights of a citizen tenure
Negotiated LAR The Civil Code of Nepal is the legal basis for Official recognition of negotiated LAR, where there is contractual agreements on the transfer of land a willing buyer and a willing seller. from APs to the government.
Eligible APs Only registered land owners and tenants can Lack of formal legal title to land by any APs is not a transfer their titles to other persons recognized bar to entitlements. Titled, legalizable and non-titled under the Land Acts/regulations. APs are eligible to receive different entitlements. Titled and legalizable APs are entitled to Non-titled occupants of land as illegal compensation and rehabilitation. Non-titled APs are possessors are not eligible to transfer the land entitled to livelihood restoration, but may also receive occupied or receive compensation. replacement land. Non-titled APs are eligible for . entitlements such that they are no worse off than before the project. All APs are entitled to compensation at replacement cost of non-land assets. APs without possession or ownership
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements certificate but occupying land in areas designated for land allocation or possession can be recognized as legalizable and thus are eligible for fair compensation and rehabilitation entitlements under the SPS.
Compensation for Contractually agreed payment for land Land compensation at replacement cost based on land transferred to the government. Local practice land valuation at average market value within 1 year applies the government land valuation tariff but before the delivery of compensation or replacement negotiation with with APs goes as well. A land of similar size and quality. Compensation Determination Committee is formed under the chairmanship of CDO to determine the price of the land acquired for the project. Replacement land may be provided if AP’s entire land or large part thereof is acquired.
Compensation for Contractually agreed payment for transfer of Valuation of structures is based on current market structures structures. The value of structures is value, i.e. replacement cost of new construction of determined at market rates, with depreciation the structure without deduction of depreciation. APs deducted from gross value of the structure. can be permitted to salvage materials.
Joint property The Civil Code recognizes common property No conflict with SPS. Joint signatures are ownership ownership and family property rights. encouraged. Common property ownership requires permission of other owners to dispose of part of the property. Family property includes ‘other properties accrued since the marriage, notwithstanding in which the name of spouses or family members the property is registered.
Easement Legal provision for easements or property No conflict with SPS. (property servitude, allowing the use of another person’s servitude) property for specific public or private purposes is permitted under local law; mutual agreement and payment of a fee are required.
Rental of land or Rental of land or other property is agreed Lessee is considered a non-titled AP and eligible to house between the owners and the tenant. Mutual receive entitlements based on the type and degree of agreement regulates the lease of property. If impacts. ownership is transferred the new owner incurs all rights and obligations of a lesser. No provisions for lessee rights in case of land acquisition for a project, except that termination of a lease requires 1 month’s notice
Community and Affected community and public assets can be Common property resources or public structures and public resource transferred through contractual agreement infrastructure affected by LAR are eligible for losses under the Civil Code. compensation. The cost of moving affected infrastructure is included in cost of civil works under the Project.
Income and No provisions in contractual agreements for Assistance for economic and social rehabilitation due livelihood transfer of property; project specific contractual to loss of jobs, incomes and livelihoods, including (i) rehabilitation agreement is made such as the Melamchi income compensation or support for the period of Water Supply Project. interruption of business or employment, and (ii) priority employment in project civil works, especially to poor and vulnerable households.
Relocation and The Nepali Law on Property Allocation Rights Relocation and transfer expenses, including fees for Transaction costs and other related rights requires payment of the registration of properties and other administrative registration duties and service fees for the charges, are part of the replacement cost of lost registration of immovable property with the assets and included in compensation. State Land Revenue Office (Mal) in the respective district. All registration and other fees, as well as cost of relocation, are responsibility of parties to a contract and can be included in a contract.
Grievance The LAA 1977and other acts deal with disputes An adequate grievance redress mechanism for procedure over land. A Grievance Committeee will be be affected people is required. formed in the municipality office for settling disputes . If decision is not favorable to the client he /she can move to the courts for justice.
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements
LARP information There is a provision in the government’s IEE APs are to be fully informed and closely consulted on disclosure and and EIA regulations (1997) for public compensation and resettlement options. Draft, final public consultation and information disclosure and revised LARPs are to be discussed, as well as consultation mechanisms. published on ADB’s website.
Cut-off date It is fixed considering the different components An eligibility cut-off date is to be set when the project of land acquisition procedure including the cut is officially notified, the project area is delineated or off date for compensation the census of the AP population is taken, to prevent influx of non-eligible persons and land speculation.
Right- of- way Local area main streets require a 3.75m width No conflict with SPS for each lane as well as a sidewalk for each side (Construction Standard and Procedure of the DoR); in addition the ROW of local main streets is determined by-laws of each municipality. Supply of water drainage and sewerage system and their utility is also fixed by- laws of the municipality. Notification Time period for vacating a property may be Cash compensation and/or replacement of assets period for defined in the contract document . must be completed before displacement; LAR vacating property procedures, except for rehabilitation measures must and Civil works commence in parallel with be completed before commencement of civil works. commencement acquisition of property, but without defined of works waiting period.
60. There are several significant policy gaps between the Nepali legal framework (policy /act/regulation) and the ADB SPS Guidelines with respect to LAR which are filled in this report. According to Nepali law/acts//regulations or practice: (i) Non-titled occupants of land (without ownership or possession certificate), including lessees of land and structures, are not eligible for compensation and rehabilitation entitlements. (ii) Compensation for affected land is based on a government compensation tariff and also the market rate, although there is room for negotiation with individual APs. (iii) A depreciation coefficient is applied in the valuation of affected structures. (iv) Income and livelihood rehabilitation is not normally considered in local LAR practice. (v) Transaction costs are not included in compensation payments. (vi) There are no project internal grievance procedures preceding dispute resolution by the district administration office and the courts; each project has set up their own grievance mechanism. (vii) An eligibility cut-off date is not clear cut in the laws. But EIA regulations of 1997 have set up the procedures for the cut –off- date.
VI. ENTITLEMENTS
A. Eligibility
61. All APs who are identified in the project-impacted areas on the cut-off date (survey date) will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date for titleholders will be the date of notification under the land acquisition act and for the non-titleholders will be the census date, which is the first impact survey (Census and Inventory Survey). People moving in the area where the lands are to be acquired in subproject area after the cut-off date will not be entitled to any kind of compensation or assistance as
per provision made herein. They, however, will be given sufficient advance notice, to vacate premises/dismantle in the case of affected structures prior to project implementation.
B. Entitlements
62. For this project, the entitlements listed in the table below for this subproject are derived from the Land Acquisition Act, 2034 (1977), the Land Reform Act 2021 (1964), and ADB Safeguard Policy Statement (2009). Following detailed design, the detailed measurement survey (DMS) of AP's land and/or non-land assets and detailed census survey will be used for determining actual impacts, and replacement cost surveys (or asset valuation) will be carried out. This information will be used to inform the LACFC cost determination, or used to inform the negotiation of land value between the municipality and plot owner. Under the Project, a representative from the affected persons is required to be a member of the LACFC to ensure compensation for assets is at replacement value. Where the replacement cost of the LACFC is lower than the market determined value, the municipality and/or government is required to pay the difference.In cases where plot owners directly negotiate compensation amounts with the municipality (as per the LAA), then the PCO and/or NGOs will verify the satisfaction of the owner with the final amounts. In cases of disputes such as where land records are not updated or where the APs are unable to produce the desired documents, then the compensation amount will be deposited with the CDO till the case is disposed. The entitlement matrix for the affected peoples/ community is presented in table 5.1.
Table 5.1: Entitlement Matrix Table 10: Entitlement Matrix Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Institutions 1 Loss of land Permanent loss Plot owner with Land-for-land arrangements, if government As per the LAA,, compensation for land Municipality/PIU of agricultural legal title land available, of equal productive capacity determined through either (i) mutual agreement , NGO, LACFC land satisfactory to AP, or; with plot owner, or (ii) the option to allow LACFC determination of compensation. To be Cash compensation equivalent to current determined by plot owner. market rate/replacement value including provision for all fees (documentation fee, etc.), Under the Project, a representative from the taxes, and other charges as applicable under affected persons is required to be a member of relevant laws. the LACFC to ensure compensation for assets is at replacement value. 30 days’ advance notice to harvest standing seasonal crops, if harvest is not possible, If decided through mutual agreement, NGO to compensation for share of standing crops at verify satisfaction of plot owner with market rates compensation amount If owner not satisfied, then can raise with GRC. Cash compensation for perennial crops and timber valued trees based on market value Harvesting prior to acquisition will be accommodated to the extent possible. If no replacement land is available, HH members involved in farming eligible for skill NGO and municipality to assist farmers in finding development training based on their need at suitable replacement land to continue farming. the rate of NRs 5,000/person/HH6 Value of crops/timber valued trees to be APs prioritized for project employment negotiated between landowner and municipality or determined by LACFC with advice from Agriculture Department
A list of working members of the affected persons family will be maintained by PIU and given to the contractor. Contractor to be encouraged to hire APs in project works.
2 Loss of Livelihood/ Plot owner One-time lump sum grant of two-months7 Lump sum to be based on income and Municipality/PIU livelihood/Inc income agricultural income determined by detailed census survey at time of , NGO ome detailed design. Loss of Residential/ Encroacher(s) Compensation at replacement value for Municipality/PIU structure commercial and squatter(s) structure There is one house on located government land , NGO, LACFC
6 The training cost includes the cost of training allowance for affected households for the short term training on income generation for a period ranging 4 – 6 days @ Rs. 150 a day, which is Rs. 900. Other costs include the costs for training fee and logistic cost, where the cost of groups of trainees will be involved. The cost is therefore lump sum given as Rs. 5000. This is to be updated based on census at detailed design stage. 7Estimated at NRs 5000/month.
Table 10: Entitlement Matrix Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Institutions structure and where a NWSC employee lives with her family. other assets 60-days advance notice She constructed the house with her own funds (e.g. fences, costing Nrs 15,000. gates, posts) Rights to salvage materials from structure structure Transfer/shifting allowance to cover the cost of moving structures (transport plus loading and unloading) and materials to be paid on actual cost basis or on current market rates.
Assistance in finding dismantling, shifting, and reconstruction and help in finding alternative land 3 Impacts on All impacts IPs and APs • Additional subsistence allowance equivalent Vulnerable households to be identified during Municipality/PIU vulnerable losing 50% or to NRs 10,000/HH8 for restoring or detailed measurement surveys conducted as , NGO APs more of total enhancing their livelihood. part of the RP. landholdings • Eligible for skill development training based on need at the rate of NRs 5,000/person/HH A list of vulnerable people will be maintained by • Vulnerable households will be prioritized in the PIU/municipality and given to the contractor. any project employment Contractor to be encouraged to hire project • Assistance in finding replacement land affected people for non-skilled labor, prioritizing vulnerable APs.
PIU and NGO to assist those losing 50% or more of their total land holdings in finding replacement land. 4 Reduction in Dry season Water mill Financial subsidy (Rs. 50000.00/mill owner for 11 water mill will be affected. Municipality/PIU water mills operations owners affected upgrading of water mill) to upgrade mill into , NGO / Dept of capacity as a compomise by reduced water more efficient system to operate during lean Agriculture direct result availability due to months. of the project diversion Disturbance allowance (Rs. 27000.00)9 to overcome the loss during the upgrading of mill
Technical assistance provided by project to assist mill owners in upgrading mills. 5 Loss of water Dry season Water user Provide free pumps to downstream farmers. Irrigation canal intakes may not be able to Municipality/PIU for irrigation operations groups using Electricity costs to be paid by KVWSMC. withdraw water from the river due to reduction in , NGO/ Dept of as a direct compromised affected irrigation water level in Roshi Khola during some dry days Agriculture
8 NRs 10,000 is based on common practice in Nepal for providing seed money to initiate income activities. The amount is valued at more than two months income at minimum daily wage rate (@150/day). 9 Assumed at Rs. 4500/month for 6 months to buffer income impacts during upgrading of mill to more efficient system.
Table 10: Entitlement Matrix Type of Loss Application Entitled Person Entitlement Implementation Issues Responsible Institutions result of the systems in a year (about 15 days a year). project
VII. INCOME RESTORATION AND REHABILITATION MEASURES
63. The landowners and mill owners will lose a regular source of agricultural livelihood. The APs are engaged in agricultural activity and mill operations and efforts are made in this RP to restore pre- project levels of income for these HH members. The APs will guided by the NGO in improving agricultural production in other lands including use of modern techniques in cultivation, harvesting and storing, and provided financial and technical assistance in modernizing mills and operations.
64. The APs are engaged in other income-oriented activities. The following are the income restoration measures for the APs as indicated in the entitlement matrix: (i) 30 days’ advance notice to harvest standing seasonal crops, if harvest is not possible, compensation for share of standing crops at market rates before construction activity begins; (ii) One-time lump sum grant of two-months agricultural income for agricultural production to landowners; (iii) Assistance from PIU and NGO in finding suitable replacement land for continuation of farming and if necessary, guidance in improving agricultural production on remainder of land; (iv) For vulnerable groups (BPL and IPs), additional subsistence allowance equivalent to NRs 10,000/HH for enhancing livelihood; (v) The sharecropper HH members will be prioritized in any project employment; and (vi) If replacement land not available to continue farming, the APs dependent on agriculture livelihood are eligible for medium-term income restoration activities which include skill development training based on need at the rate of NRs 5,000/person/HH.10 (vii) Financial subsidy (Rs. 50000.00/mill owner for upgrading of water mill) for mill owners to upgrade mill into more efficient system to operate during lean months. (viii) Disturbance allowance (Rs. 27000.00)11 for mill owners to overcome the loss during the upgrading of mills. (ix) Replacement cost for any structures built by AP
65. During the construction stage the affected household working members will be given preference over others in being engaged in activities suitable to their skills. In order to make the APs employable, the PIU and NGO will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to them. The contractor will be encouraged by the PIU to hire APs. Accordingly, the list of APs, will be provided to the contractor, for consideration in the project.
VIII. RESETTLEMENT BUDGET
A. Cost of Private land
66. Compensation rates are only tentative at this stage as they are based on socio-economic survey at the current market price. Final compensation rates at replacement value for all losses will be determined by Land Purchase committee (LPC) or Compensation Determination Committee (CDC)with participation of PAFs. The estimated land rate for Dhaneshwor reservoir site is Rs 10,00,000.00/ ropani and pipe route for Panauti, Choukot is Rs. 6,00,000.00/ ropani
B. Cost of water mill
10 The PIU (through it's social safeguards consultant) and NGO will assess the capacity of the landowners prior to offering them any training. 11 Assumed at Rs. 4500/month for 6 months to buffer income impacts during upgrading of mill to more efficient system.
67. The final feasibility report August 2007 shows that water flow in Roshi Khola and other tributaries reduce 2 month during dry season and after diverting the water for drinking water purpose difficult to run water mills. Remaining other month water mills can be run easily so that there will not be needed for shifting the water mill. The compensation for 11 water mills shall be provided to affected owner to replace their traditional water mill into improved water mill, so that they could run their water mill even during dry season. The amount of Rs. 50000.00/mill owner will be provided for upgrading the water mills. The compensation for includes disturbance benefit calculated at 4,500/month for six months.
Table 8.1: Cost Estimate of Water Mills S.N. Detail Rate Unit Quantity Amount of Compensation(NRs) 1. Water Mills 50,000.00 No. 11 550000 2. Disturbance allowance for 6 4,500.00 month 66 months 297000 months (6 X11) Total 847,000 Note: The cost for the improvement of traditional water mill to modern one which consumes less water with higher efficiency costs Rs. 50000.00. The rate of improved water mill is based on market price and 6 month income is calculated average daily income from water mill @ Rs 150, which was obtained by socio-economic survey of affected water mill owner. The compensation for 6 month income is estimated as the replacement of old traditional water mill with the new improved ones takes some time. The Summary of resettlement and rehabilitation cost presented in table 7.2
Estimated Resettlement Cost for Kavre Valley Subprojects Sl. Rate per Unit Item Unit Quantity Cost (NRs) No. (NRs) A Compensation 1 Land costs Sq m 1,621 454.5 sq m 736,744 B Assistance/Allowances 6 2 Water Mill Disturbance Allowance months/mill 27,000 11 297,000 owner 3 Water mill upgrading subsidy Mill owner 50,000 11 550,000 4 Vulnerable People allowance 2 months 10,000 3 40,000 5 Agriculture Extension training LS 630,000 1 630,000 6 Replacement value of encroacher structure LS 15,000 1 15,000 Grand Total NRs 1,532,000
IX. INSTITUTIONAL FRAMEWORK
68. The Ministry of Physical Planning and Works (MPPW) will be the Executing Agency (EA), working through its Department of Urban Development and Building Construction (DUDBC), which will establish a project coordination office (PCO) for the Project headed by project director. The PCO will be staffed with a social development specialist to confirm smooth implementation of the RP/IPP and take corrective actions if necessary. Biratnagar, Birgunj Butwal and Kavre Valey municipalities will be the Implementing Agencies (IAs) for the subprojects, each with a project implementation unit (PIU) headed by project manager and staffed with a social development specialist. The PCO will ensure that the respective PIUs will update the resettlement plan during the detailed design stage and implement the final plan. In each municipality, a municipal project management committee (MPMSC) will be established in order to discuss project implementation issues, including land acquisition and resettlement issues, enhance collaboration among relevant departments and organizations, and expedite decision-making processes with an aim at achieving intended project output and outcome. MPMSC will be chaired by the executive officer,12 and comprise relevant department heads of the respective municipality, chief of the divisional office of DUDBC, DWSS and other relevant government
12 Composition will be reviewed if local election takes place.
departments, a representative from district development committee, four members representing the local disadvantaged communities, NGOs, women's groups and the private sector, and the respective project manager working as secretariat.13
69. The PIU in the municipality will implement resettlement activities. The PMSC will also monitor the smooth implementation of RP/IPP. The PIU will work closely with the DSC-Resettlement Specialist consultant during detailed design to verify APs. The PIU will continue further consultation with APs during project implementation and solicit views regarding compensation, and relocation options. The PCO will verify the implementation of all RP/IPP requirements and confirm whether APs received entitlements as per the RP/IPP prior to the award of civil contracts. NGOs will be responsible for linking APs to relevant government programs related to social and economic rehabilitation. The PIU will submit quarterly progress reports to the PCO, who will then review and take corrective actions if necessary. The PCO will with assistance from the PMSC consultants consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. In cases where the municipality and plot owner negotiate directly, the DSC-consultant and PIU will verify the satisfaction of the plot owner with the agreed compensation amount. NGOs will also facilitate necessary livelihood training as part of the rehabilitation measures. The PIU and PMSC are to ensure all RPs are implemented and ensure all entitlements are paid accordingly before land acquisition and commencement of civil works.
X. IMPLEMENTATION SCHEDULE
70. The RP will be updated based on the detailed engineering design. ADB, MPPW, (through the Project Coordination Office in DUDBC) and municipality will approve the updated RP. Upon the approval, the RP will be disclosed to APs and arrangement for fixing the compensation through the LACFC or by the municipality as per the LA Act 2034.
71. The resettlement disbursement includes the issuance of identity cards (IDs), payment of all eligible assistance, and resettlement costs. The resettlement compensation must be paid prior to land acquisition and commencement of civil works.
72. Internal monitoring will be the responsibility of DUDBC and the PIU within the municipality and will start early during the project when the implementation of the RP starts and will continue until completion of the subproject. An NGO will confirm payment of compensation to RPs and smooth execution of the RP and will be carried out before the start of the construction and will be carried out intermittently as required. The implementation of resettlement plan will be scheduled in line with the sub-project implementation. The schedule is subject to modification depending on the progress of the project activities.
73. In accordance with the LA Act 2034, the owners of the property to be acquired must be given minimum 15 days notice to allow them to claim for resettlement compensation and assistance (this does not apply if owner engages in mutual agreement with municipality according to the LAA). Taking into the consideration the time for each activity for the small number of affected households, the time for completion of RP implementation is planned for a period of minimum 2 – 3 months after updating of the RP. A tentative implementation schedule is given in the table below.
13 Other members can be included, such as representatives from political parties represented in the local political mechanism, as deemed appropriate by the municipality concerned.
Table _: Time Bound Schedule for RP Implementation14 Award for Detailed Contract Feasibility Study Civil Work Construction Design Bidding Contracts 1Q 2Q 3Q 4Q 5Q 6Q 7Q 8Q 9Q 10Q 11Q 12Q 13Q 14Q 15Q Resettlement Planning Approval of RP ♦ by ADB, municipality, and by MPPW Disclosure of ♦ ♦ RP Distribution of ♦ ♦ RP Report and summary Recruitment of ♦ NGO Socio-economic ♦ ♦ ♦ ♦ survey by DSC consultant and list of APs Issue of identity ♦ ♦ ♦ ♦ cards by PIU Identify and ♦ ♦ ♦ ♦ confirm poor and vulnerable APs Form Grivance ♦ ♦ Redress Committee Grivance ♦ ♦ Redressing Activities
Land Acquisition and Resettlement Announce start ♦ date of RP implementation through public notification Disburse ♦ compensation payment and assistance for relocation Handing over of ♦ lands for construction15 Livelihood and Income Restoration Disburse ♦ ♦ ♦ livelihood restoration assistance Organize skill ♦ ♦ ♦ development training for vulnerable APs Capacity All through the RP implementation period Building Internal All through the RP implementation period monitoring by PIU/PCO
14 Implementation period is July 2010 to September 2015 15 For components not involving land acquisition, the handing over of project sites to the contractor will be possible from the first quarter. For the other components involving land acquisition and resettlement, the project sites will be handed over for civil works by the sixth quarter.
XI. MONITORING
74. The RP/IPP implementation activities will be closely monitored internally by the PIU and PCO. This will involve: (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during and after any resettlement impact utilizing baseline information from sub-project preparation; (iii) overall monitoring to assess AP status; and (iv) preparation of quarterly progress reports to be submitted to PCO by the PIU, reporting actual achievements against the targets fixed and reasons for shortfalls, if any.
75. The PIU will prepare quarterly progress reports on resettlement activities and submit to PCO. The PCO will with assistance from the PMSC consultants consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. Reports to ADB should clarify whether or not resettlement goals have been achieved, more importantly analysis of whether livelihoods and living standards have been restored/enhanced (especially for vulnerable APs) is mandatory and suggestion of suitable recommendations for improvement must be made. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues such as these more effectively.
76. The PIU will maintain a record of all transactions in their resettlement database, followed by entitlement records signed by AP and survey based monitoring of resettlement / land acquisition progress on a monthly basis. Monitoring will ensure:
(i) That all internal training of relevant safeguards staff occurred; (ii) Verification that there are no outstanding or unresolved land acquisition issues with respect to the project and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the plan; (iii) Information campaign and consultation has been carried out with APs; (iv) Status of land acquisition and payments on land compensation; (v) Value of entitlement received is equal to that of original structure or land acquired; (vi) Effective utilization of entitlements received; (vii) Compensation for affected structures and other assets; (viii) Relocation of APs; if applicable; (ix) Payments for loss of income; (x) That all economic rehabilitation measures are implemented, as approved; (xi) Effective operation of both the Grievance Committees and Sub-project level Committees; (xii) Funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the plan.
77. PIU will also be responsible for carrying out field level monitoring through: (i) Review of census information for all APs; (ii) Consultation and informal interviews with APs; (iii) In-depth case studies; (iv) Informal sample survey of APs; (v) Key informant interviews; and (vi) Community public meetings.
Annex 1: The following table presents “Resettlement policies for UEIP”
SN Resettlement Policies Response/Action to be taken Remarks for UEIP 1 All losses including land, buildings, Land and other structure will be structures, and trees that result from compensated at full replacement costs at project implementation will be compensated at full market value replacement costs at market value. 2 Compensation Determination Committees Need to negotiation in the presence of will also include two representatives of representative of AFs and local peoples. project- affected families, including one No Vulnerable group found. representative of women or of vulnerable group, as invited members. 3 The time of gap will be minimized between There will be less time gap between land the notice of acquisition and the compensation. acquisition and compensation payment. 4 The date of census/survey of affected Cut off date will set as date of meeting with households and assets will be the cut of the landowners. date for eligibility for compensation and assistance. However, non-title-holder affecters should have lived or cultivated in the plot for at least 3 years prior to the cutoff date to be eligible for resettlement and rehabilitation support. 5 Special attention will be given to the Women headed and a Dalit hhs have well vulnerable groups, such as women headed economic condition. Paying special households, poor, landless, elderly, and minority attention to all the AFs ethnic groups 6 Option of land-for-land compensation will also be APs desire for money as compensation. availed of for the poor and vulnerable affected, if they desired so.
7 The project will use land and/or other The project will use the land/ other assets assets only after the compensation is paid only after the compensation has been paid. to the affectees, and those entitled to relocated to their new sites. In cases In cases where authentic documents where authentic documents for affected documents for affected property are lacking land parcels are lacking or titleholders or titleholder could not be present within could not be present within the given time, given time, construction work will continue. civil works may continue. The The compensation in such cases will be compensation in such cases will be paid paid as soon as authentic documents are as soon as authentic documents are presented or the titleholder is present presented or the titleholders are present 8 Affected households will be classified into Affected households are classified as two groups-SPAFs and PAFs- according PAFs and SPAFs. to the proportion of the loss of land, income or house. Those who lose 25% or more of No SPAFs is found since no land owners their land/income will be classified as Severely lose more than 25 % of their land/income. Project Affected Families (SPAFs), and those who lose less than 25% land or income will be classified as project Affected Families (PAFs). Households who lose residential/business house will be classified as SPAF. If affected land/house is under tenancy, both the landowner and tenants will be included in the list of SPAF or PAF for entitlements and compensation / rehabilitation purposes. 9 Due attention will be given to restoration of No SPAFs is found. livelihoods of affected people. SPAFs will be assisted with rehabilitation measures. 10 If large-scale resettlement involves, efforts No large scale of resettlement will be will be made to relocate communities in involved. groups/communities. Existing social and cultural institutions will also be supported. 11 Resettlement families will be given priority No resettlement will be involved. for restoration of their public facilities, such as electricity, water supply, sewerage and
SN Resettlement Policies Response/Action to be taken Remarks for UEIP public transports, as utilized prior to the project. 12 One person from each SPAF and • PAFs will be given due priority to get vulnerable household will be given priority employment during construction works. in project jobs or construction works. They will be provided suitable skill trainings prior to the construction works. Bidding/tender documents and contract specification will also include requirements of hiring SPAFs and vulnerable groups in the order of priority. 13 Each municipality will prepare a resettlement Plan No involuntarily resettlement is involved. (RP) for particular subproject, if any involuntary resettlement involved, before pre qualification of the civil works contracts. Consolation with the affected people and concerned 14 If any affected household purchases Budgetary provision is made to provide on farmland in another place within one year demand by the AH within a year from the from the date of compensation, the land date of compensation. registration fees for equal amount of land will be provided by the project 15 Construction works will, as far as possible, be planned to allow for the harvesting of standing crops Construction work will be started after before land is acquired. Where crops cannot be compensation payment. harvested or the destruction of crops is unavoidable, cash compensation will be paid, based on market values. 16 Local Consultative Groups (LCGs) will be established Monitoring mechanism will be set. in each affected Ward to support the affected people . and resolve the conflicts that arise during compensation process. 17 After the acquisition of land if the remaining portion is PAFs will have the option to relinquish the considered too small to be viable for cultivation or remainder of that plots if they feel that other use, the owner will have the option to relinquish remaining portion of land is too small to be the remainder of that parcel or landholding if they viable for cultivation. Project will acquire desire so. Such a threshold will be 2.5 ana (79.5 such types of land. sq.m.) in urban areas. 18 Affected people will have access to effective Grievances redress mechanism should be procedures for lodging complaints and for their established. appropriate resolution. 19 Landowners who are severely affected through loss No severely affected landowners have of agricultural land should also be offered assistance been found. with identification and purchase of suitable privately- owned cultivation land in the community.
Annex 2 : List of consulted persons during the field visit.
S.N Name (name of person taken out to Address Remarks protect privacy) 1 PM UEIP, Dhulikhel 2 Chairman, Dhulikhel Khanepani Upabhokta Samittee 3 Manager, Dhulikhel Khanepani Upabhokta Samittee 4 Executive Officer, Banepa Municipality 5 PM,UEIP, Banepa 6 PM UEIP, Panauti 7 UEIP Engineer, Panauti 8 RP UEIP, Panauti 9 Consultant, TAEC 10 Consultant,BDA,Coordinator 11 Engineer, ICON 12 EO,Panauti 13 Coordinator,Local Leader, Dhulikhel 14 Local Leader,Panauti 15 Local Leader, Dhulikhel 16 Local Leader, Banepa 17 Local Leader,Panauti 18 Local Leader,Panauti 19 Local Leader,Panauti 20 VDC Secretary, Bhumidanda 21 Engineer, TAEC 22 Banepa 23 UEIP, Banepa 24 Kushadevi-5 25 Bhumidanda-3 26 Bhumidanda-3 27 Bhumidanda-3 28 Bhumidanda 28 Kushadevi-6 29 Kushadevi-6 30 Kushadevi-6 31 Kushadevi-5 32 Bhumidanda-3 32 Kushadevi-6 33 Bhumidanda-3 34 Panauti-10 34 Nepal Army, Dhulikhel-3 35 Dhulikhel-3 36 Bhumidanda-5 38 Bhumidanda-5 39 Bhumidanda-5 40 Bhumidanda 41 Bhumidanda-5
Annex 3 Urban and Environmental Improvement Project (UEIP) Socio-economic Household Survey Questionnaire)
.District: Kavre VDC / Municipality…………………….Ward No.:
1. Name of household head……………………………… 2. Sex …………. 3. Ethnicity…………
4. Family members by age group: Age group (in yrs) Male Female Total Percentage <6 5-15 15-45 45-60 >60 Total
5. Family members by Education Status Level of Education Male Female Total Percentage Illiterate Grade 1-5 6-10 SLC pass IA BA Above BA `Total
6. Major Occupation: Occupation Male Female Total Percentage Agriculture Business Service Labor Student HHs work Others Total
7. How much land do you own?
8. How many months of the year do your own production meets your requirement?
a.< 4 months b.4-8 months c. 8-12 months d. Surplus
9. Do you have any income source in addition to agriculture?
a. Business b.Service c. Animal sale d. Pension e. Others
10. What is the land value per ropani?
11. How much your annual income of your family?......
13. How much your annual annual expenditure of your family? …………………..……………………………………………………………..
14. If your land or property is to be acquired by subproject what type of compensation do you prefer? 1. Cash Payment…………… 2. Land for land …………… 3. House for house…………. 4. House for house and land for land ………….. 5. Others (Specify ……….)
15. If the service road of the project passes through your land would you be willing to contribute land without compensation. 1)Yes 2) No
Date:------
Annex 4: Summary of Minutes of meetings Issues Number of How project address the Date Location Participants What Discussed and Peoples issues and decisions subject of discussion To formulate Directorate 6th Local peoples, Office of committee for KVIWSP, November political leaders 18 Persons Banepa To formulate a sub Formulated 2008(2064 and UEIP staffs, Municipality committee to address the Kartik 20) consultants issues of source area
12th Local peoples, Office of To inform the source Prepare the mechanism of November political leaders, 16 Persons Banepa VDC about the demand information to two VDC of 2008(2064 consultants and Municipality of local peoples source area. Kartik 26) UEIP staffs
To add the representatives from 17th Local peoples, Office of Source VDC, and to November political leaders Added and informed to 29 Persons Banepa finalize the work plan for 2008 (2064 ,consultants and concern VDCs Municipality Directorate committee Mangsir 2) UEIP staffs ,To inform the location of sources to concern VDC Local peoples, 21th political leaders The information is given Office of November ,consultants and to UEIP about the Information disseminated 44 Persons Banepa 2008 (2064 UEIP staffsand formation of stakeholders and issues discussed Municipality Mangsir 6) staffs from committee municipality 12th Local peoples, The written demand has Office of December political leaders given to the concerned (attached in annex, 49 Persons Banepa (2064 ,consultants and project staff and officials Nepali version) Municipality Mangsir 27) UEIP staffs of municipalities a) ayments for source area b) cholarships for the students of source area c) Local These demands are bout the landless 12th representatives of included in the Office of peoples of source December political parties environmental 9 Persons Banepa VDC (2064 and political enhancement activities of Municipality d) Mangsir 27) mechanism of the environmental Electricity for source municipalities assessment report area e) ridge and other community development works f) mployment opportunity a) A) anagement of anepa and Dhulikhel surface irrigation should manage for system after the lift system, Local peoples, operation of pumping system of political leaders (7th January proposed water irrigation in affected ,consultants and 2008)Poush 13 Persons Panauti supply project, area UEIP staffs and 24 2064 b) B) staffs from anagement of water he management water municipality supply during lean supply during lean season season will manage c) by the Panauti management of municipality
leakage of water in C) irrigation he present irrigation d) will improve by all nfrastructure three municipalities development for D) source area or he social and physical Kushadevi and infrastructure will Bhumidada vdc develop in source e) VDC by the project lternative irrigation and service area system municipalities f) E) bout the water that is tudy will be done by using by Dhulikhel Project about the municipality which is alternative irrigation from one of the system source stream of F) proposed project lready existing water g) supply system will bout the integrated with responsibilities of proposed project Roshi concern G) committee he certain roles h) regarding the project nvironmental construction and conditions of the operation will given to surrounding area Roshi Concern i) committee mpact on Kathmandu H) University and school he environmental and j) other situation must ource conservation be in balanced during responsibility construction and operation I) ll three municipalities and project must be initiated programme to conserve the source area Local peoples, (March 22 Office of political leaders, To register the source for Decided to register the 2009)2064 42 Persons Banepa consultants and water supply source chaitra 10 Municipality UEIP staffs Local peoples, 1 November Office of To discuss about the political leaders, 2009 (2066 21 persons Banepa acceptance of proposal The proposal is accepted consultants and kartik 15 Municipality of EIA, SIA UEIP staffs 15th November
2009 (2066 Kartik 29th ) KVIWSP Directorate committee members, staff of Municipality 16th including Office of November Executive Officer, To fix the land to be 14 Persons Banepa 2009( 2066 UEIP , PCO and acquired for the project, Municipality Mangsir 1) PIU staffs, Design, SIA and EIA consultants with local members and local political leaders
staff of Municipality including 17th Executive Officer, To review the progress to November PIU staffs, Design, 13 Person Dhulikhel consultants by Reviewed 2009(2066 SIA and EIA municipalities Mangsir 2) consultants with local members and local political leaders staff of Municipality including 26th Executive Officer, November PIU staffs, Design, 16 Persons Panauti To review the progress Reviewed 2009(2066 SIA and EIA Mangsir 11) consultants with local members and local political leaders Detailed design, EIA, SIA 4th Office of and resettlement plan Reviewed the progress December 21 persons Banepa study progress review, report and the date is 2009 (2066 Municipality To fix the visit to source fixed for source visit Mangsir 19) area UEIP, PCO ,PIU Review of EIA and SIA 18th staff, PIS UEIP, PCO activities ,To request for Activities reviewed and December Consultants and 13 Persons office , stakeholders for the fixed the date for visiting 2009 (2066 consultants for Babarmahal consultants to visit the source Poush 3) Design, EIA and source area SIA KVIWSP Directorate committee members, staff of Municipality To create the favorable 24th including environment to conduct Office of December Executive Officer, EIA and SIA in near 38 Persons Banepa Discussed and reviewed. 2009 (2066 UEIP , PCO and future in source area, Municipality Poush 9) PIU staffs, Design, Review on progress on SIA and EIA EIA and SIA study consultants with local members and local political leaders UEIP, PCO ,PIU Source Visit 29th staff, PIS Bhumidada , Compensation for water December Consultants and Visited, mentioned in SIA 18 Persons VDC at mills, 2009 (2066 consultants for report Source Community development Poush 14) Design, EIA and issues SIA KVIWSP Directorate committee To disclose the members, UEIP , progresses of 14th Jan Panauti PCO and PIU consultations with local 2010(2066 18 persons Municipality staffs, Design, SIA disclosed stakeholders to Poush 30) office and EIA consultants of EIA, SIA consultants with and Design local members and local political leaders
1. Bhumidanda VDC Main Component Sub-Component Type of demands Step Taken/Status
1. Education Scholarship (KU) To be requested one KU for higher education. Scholarship each in I. Sc, B.Sc,M.Sc
Scholarship Three scholarships after the IT If IT park permitted to (IT Park) Park operation. Locals, it will be provided Scholarships to Scholarships to the intelligent and Concern municipalities the intelligent and poor students from all the higher should held discussions poor students level education institutions of in this regard and arrange to all the three municipalities. provide few scholarships. Six different types A total of 4 school building Discussion and interaction of demands on Construction of different size as With District Education construction of 2 roomed, 4 roomed, 6 roomed Office (DEO) and District buildings, library, etc.; total 3 play grounds Development Council (D laboratory and construction and protection; construct DC) shall be made and school play ground. of science laboratory and library; necessary actions should be and installation and management taken. of one primary school.
Post designation of Number of teachers demanded Discussion and interaction teachers By three schools: Should be held with them. a. 2 teachers for Bal Prakash Sec Secondary school, b. One teacher for Indradevi lowerLower secondary school and c. one teacher for Mahankal primary school. 2. Health One 15 bed hospital. One 15 bed hospital should be To be requested with Dhu- Managed within the access of Likhel hospital for the Kusadevi and Bhumidanda VDCs. establishment of satellite Hospital. 70 percent concession 70 percent concession should be For this Consultation with Dhuli- for treatment. provided to the inhabitants of Khel , Seer memorial and Bhumisanda VDC by all the Handicapped Children Hospitals running within three hospital is recommended to Municipalities. find ways in dealing with it.
3. Grants Rs. 30,00,000.00 Rs. 30,00,000 grants per annum It should be re-discussed Grants for the whole project period by the municipalities. 30 percent of the total After the completion of the It should be re-discussed annual income should Project net 30 percent of the amount be provided. Of annual income should be pro- Vided to Bhumidanda VDC.
4. Bridge 2 motor able bridge 2 motor able bridge over Khar Reportedly, one of the construction construction khola confluence should be motorable bridge is under constructed. Construction and for the remaining, necessary lobbying through municipality at ministry level is recommended.
The existing fair- The existing fair-weather road of Forward the request to concerned Weather road of Ward ward No 7,8,9 should be grave- Government entity.. No 7,8,9 should be lled and three crossing bridges gravelled over the Rosi khola should be constructed. Pedestrian bridge Pedestrian bridge over Kalanti Concerned municipalities should construction Khola should be constructed. deal this matter properly.. That is the border river of Ward No. 6 and 7
Pedestrian bridge Pedestrian bridge close to Municipalities, concerned GON construction VDC building and also giving Agencies shall be approached.. Acess to Mahabir tol and ward No. 4 and 5, should be constructed. 5. Road Road should be The fair-weather road from Requested to Nepal construction black topped Panauti to Jorghatta via Bhumidanda Government's road And Kusadevi should be black Department for the Topped. Necessary management. Construction of Road Road construction from Road construction from ward no. 6 of Kushadevi ward no. 6 of Kushadevi To Bhardeu of Lalitpur To Bhardeu of Lalitpur Construction of Road Road construction from Road construction from Kushadevi To Dungkharka via ward no. 6 of Kushadevi Chindu- Roshi- Kalati Magargaun To Bhardeu of Lalitpur 6. Irrigation Intake construction Intake construction And canal Necessary arrangements And canal improvement from Kharkhola Will be made by improvement to Tribeni Ghat including the requesting the Department middle part of ward no. 1 and 6 of irrigation, of Government of Kushadevi VDC. of Nepal 7. Drinking water Construction of large Construction of large Drinking Shall be discussed Supply Drinking water water project by utilizing the before making project Panchakanya source Decision. To supply the drinking water for Ward no. 1,2,3,4,5 and 6 8. VDC Building Land purchasing and After purchasing the necessary Requested to Nepal construction Building construction Land VDC Office Building should be Government's Peace and constructed Re-construction Ministry For building construction 9. Pani Ghatta Installation of improved All the Ghattas operating in this Improved Ghatta and (Traditional Water mill and to VDC Should get the Alternative employment Water Mill) Manage the alternative compensation with the concensus Shall be arranged. employment of Ghatta owners and they should get the alternative employment. 10. Employment Priority of employment Nearly 50 percent of the people Priority should be given on Opportunity Opportunity should be of Bhumidanda VDC should get The basis of the minimum Given to locals. priority of employment for skill requirement and Semi-skilled labour at the implimentation of the project 11. Integrated Disagreement to give Kharkhola Saptakanya source Interaction/discussion will Drinking Water Saptakanya source Which is located at ward no 3 at carried out again Project Bhumidanda VDC. The local Inhabitants are found disagree to Give the water source to include in the The main source of Integrated Drinking water system Disagreement to give Kharkhola Panchakanya source Interaction/discussion will Saptakanya source That has been located at ward no 3 carried out again Bhumidanda. The traditional users are found disagree to provide the to integrated drinking system. Compensation of land The land which occupies by the The private land which is Pipe line should be compensated Occupied by pipe layout Will be compensated. 12. Miscellaneous Historically important All the historically and religiously If the local people allow to Property should be well Important temples, monastery, utilize the water source, this Constructed and Inn etc which are located within demand should be obviously protected The Bhumidanda VDC should be fulfilled by the project side Well protected by preparing Master plan. Natural Environment Preparation of master plan for the should be well protected protection of natural Environment.
2. Kushadevi VDC Main component Sub- component Types of Demand Step taken/Status 1. Scholarship from KU Each year 2 scholarship for Request can be made ducation MBBS and I. Sc. Of KU for KU 2. 75 lakh as in form of All three municipalities Rs 20 lakhs had been rants grants. should be given in a single given to Kushadevi installment. VDC All the three All 3 Municipalities should To be requested with Municipalities should be provided annually for a the concerning provide the some period of 20 years Department of amount of budget equivalent to the amount of Government upto 20 years. government budget. 3. 2 motorable bridge 2 bridges which are To be requested with . Bridge construction essential in ward no 2and 7 Department of Road. Construction just close to Kushadevi Campus should be constructed 4. Transformer, poles, Total numbers of 5 For this particular lectrification electric wire etc. transformer of 50 KV purpose request had capacity, 50 electric poles been made with the and 10,000 meter electric Electricity Authority wires was demanded and will be implemented soon. 5. Continuity of water All the water mill should be Improvement of ani ghatta/Water mill in operation. traditional water mill mill should be carried out. 6. Selection of water There are altogether 5 Needed further ntegrated source sources of drinking water. It discussion Drinking Water should be decided to left Supply Project smallest source of water. Miscellaneous To provide support for All the main political Efforts from all the the registration of the representatives should pay political parties should land of squatters their efforts for the be continued. registration of squatters. Continuity on the Continuity on the It should be continued agreement agreement between in future. Kushadevi VDC and Dhulikhel Municipality which was held on 2059/01/10
Roshi Khola Sarokar Samuha Main component Sub- component Types of Demand Step taken/Stat us Irrigation Proper management of Irrigation There would be some Interaction shortage of water in peak and dry season in that case discussion other water of alternative is on going. sources such as Ladku, Chyantio should be managed.Lift irrigation has been proposed. The cost of lift irrigation system should be born by Dhulikhel and Banepa Mucipalities. Water management for peak dry In peak dry season water After season supply should reduced and Interaction Authority should be given to and Panauti Municipality for discussion drinking water management the demand is settling.. Leakage of water Water leakage should be After managed by three Interaction Municipalities. and discussion the demand is settle. Alternative Irrigation system Manage of observation tour Interaction to study alternative source and of irrigations discussion is on going. Employment Employment opportunities Priority of should be given to Agreed that locals during the locals construction period should be given priority for employmen t according to their ability and qualification during constructio n period of the project 1. Water allocation and management 45 percent of drinking water Agreed that ntegrated Drinking should be used by Panauti 40 % of water Municipality management of water water allocation should be should be given to Panauti given to Municipality. Panauti Municipality .
Physical infrastructure Banepa and Dhulikhel Needed Municipality should take further responsibility for the social discussion and infrastructure development of the sources VDCs. Kharkhola source Dhulikhel Municipality as Agreed to utilizing the Kharkhola fulfill this source since long before, demand. this source should be included into integrated Drinking water system Miscellaneous Demarcation of Municipalities Disputes of boundary Agreed that boundary among three Municipalities the should be settling by disputes political consensus. will be put in GoN Environmental Impact Environmental Impact EIA will be should be minimized conducted. Waste water management Waste water should be This managed by Banepa and scheme Dhulikhel Municipalities has been completed by UEIP. The waste water treatment plant at Chandeshw ori, Ratmate, in Banepa. Pipal bot sub system at pipalbot Takurigaon substation at Thakurigao n Srikhandap ur substation at Srikhandap ur Participation of Roshi Sarokar Roshi Sarokar Samuha Agreed to Samuha should be included in fulfill this various activities of the demand. project.
Annex 5
Results of Feasibility Study for Water Balance and Flow
Predicted Mean Monthly Flows. In order to predict mean monthly flows of the entire river, which have abstraction, point for water supply in different blocks has been considered as the main spot for the measurement. As most of these small rivers are of low discharge compared to gauged rivers, it can be assumed that the measured spot discharge at the lowest point of the river in the concerned block has been considered as the water abstraction in the upstream reaches of the river.
The following table shows the predicted mean monthly flows of selected sub-basins for the present study.
Table 1.3: Predicted Mean Monthly Flows in Source Rivers Abstraction Rivers and Discharge in lps Months Muldole Biramahadev Gudgude Khar Shishakhani Khola Kholsi Kholsi Khola Kholsi May 67.60 13.30 4.80 60.50 34.10 June 112.50 22.10 8.00 100.70 56.80 July 486.80 95.70 34.80 435.60 245.80 Aug 898.80 176.80 64.30 804.30 453.80 Sept. 748.80 147.30 53.50 670.10 378.10 Oct 374.60 73.70 26.80 335.20 189.10 Nov. 179.80 35.40 12.90 160.90 90.80 Dec. 134.80 26.50 9.60 120.60 68.10 Jan 97.40 19.20 7.00 87.20 49.20 Feb 67.60 13.30 4.80 60.50 34.10 Mar 49.60 9.80 3.50 44.40 25.00 Apr 36.00 7.10 2.60 32.20 18.20 Source: Final Feasibility Report on Kavre Valley Water Supply System, August 2007
Water Balance for Abstraction Blocks
The block-wise water balance has been calculated in order to assess the availability of water resources and current utilization in different months. The water balance has been calculated by comparing the entire water utilization and monthly flow of stream within the block in bi-monthly basis.
Available water during the lean period for the proposed water supply system from Roshi and its tributaries are as shown in the table below. The month April has been accounted as the lean flow period of the year for all the source rivers (see Table below). Apart from the water available for abstraction, downstream water utilization has been also assessed and it was found out that the water available for the proposed combined system during the driest period from the proposed sources is about 70 lps.
Table1.4: Water Available During Lean Season at Roshi Basin SN Khola Block No. Lean Period Discharge (lps) 1 Roshi Khola at Muldole 1 20 2 Baira Mahadev Kholsi 2 8 3 Gudgude Kholsi 3 3 4 Khar Kholasi 4 15 5 Shishakhani Kholsi 5 20 Total 66 Source: Final Feasibility Report on Kavre Valley Water Supply System, August 2007
This indicates that the water available at the sources may be just sufficient for the proposed combined water system utilizing Roshi sources during the month of March and April. However in other 10 months the available flow is adequate for the proposed water system and shown in table below. Table 1.5: Monthly Water Availability for Abstraction Sources Months Muldole Birarmahadev Gudgude Khar Shishakhani Total January 61 16 6 47 41 171 February 37 11 4 29 29 110 March 22 8 3 17 21 71 April 20 8 3 15 20 66 May 51 14 5 40 36 146 June 165 36 13 129 94 437 July 511 104 38 400 268 1321 August 755 152 55 592 391 1945 September 570 116 42 446 298 1472 October 273 58 21 214 148 714 November 132 30 11 103 77 353 December 93 22 8 73 57 253 Source: Final Feasibility Report on Kavre Valley Water Supply System, August 2007
Water Balance for Downstream Uses In addition to Block-wise water balance for the abstraction rivers (block 1 to 5), a water balance for the downstream uses has been carried out. The concern block for this assignment is block no. 6. This assignment has been carried out to check water availability for the Roshi Phant Irrigation System which comprises of command area of about 700 ha. Available water during the lean period for the Roshi Phant Irrigation System from Roshi is as shown in the table below. Apart from the water available for abstraction of existing Irrigation System, downstream water utilization has also been assessed and it was found out that the water available for the Irrigation system is proposed combined system during the driest period from the proposed sources is about 70 lps.
Table1.6: Monthly Water Availability for Roshi Phant Irrigation Months Water Availability after all uses (lps) January 1361 February 829 March 693 April 645 May 410 June 3632 July 10423 August 15228 September 11582 October 5727 November 2709 December 1779 Source: Final Feasibility Report on Kavre Valley Water Supply System, August 2007
This indicates that the water available at the sources may be just sufficient for the proposed combined water supply system utilizing Roshi sources during the month of March and April. However in other 10 months the available flow is adequate for the proposed water system and shown in table below.
Table 1.7: Monthly Water Availability for Abstraction Sources Months Muldole Birarmahadev Gudgude Khar Shishakhani
January 61 16 6 47 41 February 37 11 4 29 29 March 22 8 3 17 21 April 20 8 3 15 20 May 51 14 5 40 36 June 165 36 13 129 94 July 511 104 38 400 268 August 755 152 55 592 391 September 570 116 42 446 298 October 273 58 21 214 148 November 132 30 11 103 77 December 93 22 8 73 57 Source: Final Feasibility Report on Kavre Valley Water Supply System, August 2007
Annex 6
Summary of Community Demands and Settlements