INDIA INFRASTRUCTURE FINANCE COMPANY LIMITED
Public Disclosure Authorized ENVIRONMENTAL & SOCIAL SAFEGUARDS DUE DILIGENCE REPORT
Of D P Jain Ujjain Package (Annuity) Road Projects Pvt. Ltd. (DPJ Ujjain) & D P Jain Dariyapur-Jasondhi Package (Annuity) Road Projects Pvt. Ltd. (DPJ Dariyapur)
Public Disclosure Authorized
Public Disclosure Authorized
The Subproject: Improvement, Maintenance and Management of existing Major District Road (MDR) in three sections viz. 1) Salsalai-Gulana-Gulai Railway Station Roads (19.31Km.) 2) Pipliya-Manasa (40.19 Km.) 3) Devgularjod-Arandia (34.96) in the state of Madhya Pradesh by intermediate-laning/two laning on Design, Built, Finance, Operate and Transfer (DBFOT) on Annuity basis. & Public Disclosure Authorized Improvement, Maintenance and Management of existing Major District Road (MDR) in three sections viz. 1) Dariyapur–Jasondhi‐Maharashtra border, (15.60 km Dedhatalai-Burhanpur), 2) Badwah–Katekut road (24.20 km sh‐27), & 3) Ashapur–Khalwa–Singhot (41.70 km Sagar–Khandwah SH‐15) in Madhya Pradesh on Design Build Finance Operate and Transfer (DBFOT) on Annuity basis.
March 2014
CONTENTS
1. PURPOSE OF THE REPORT: ...... 4 2. THE NEED & OBJECTIVE OF THE PROJECT: ...... 4 3. PROJECT DESCRIPTION: ...... 5 3.1 D P JAIN UJJAIN ROAD PROJECTS PVT. LTD. (DPJ UJJAIN) ...... 5 3.2 D P JAIN DARIYAPUR-JASONDHI ROAD PROJECTS PVT. LTD...... 5 4. METHODOLOGY: ...... 7 5. AVAILABILITY OF EIA/EMP REPORTS: ...... 8 6. ENVIRONMENTAL SENSITIVITY AND DUE DILIGENCE: ...... 8 7. CATEGORIZATION OF SUB-PROJECT: ...... 9 8. STATUS OF REGULATORY CLEARANCES: ...... 9 9. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE: ...... 13 10. ENVIRONMENT AND SAFETY CLAUSES IN CONCESSION AGREEMENT: ...... 13 11. ENVIRONMENT AND SAFETY CLAUSES IN EPC CONTRACT:...... 14 12. EMP IMPLEMENTATION BUDGET: ...... 14 13. ENVIRONMENT MANAGEMENT SCHEME (EMS) IMPLEMENTATION:...... 15 14. CONCESSIONAIRE AND EPC CONTRACTOR’S HSE PLAN: ...... 25 15. ENVIRONMENTAL MONITORING: ...... 25 16. INSTITUTIONAL FRAMEWORK FOR EMP IMPLEMENTATION: ...... 26 17. SITE VISIT: ...... 26 18. CONCLUSIONS AND RECOMMENDATION: ...... 27 19. SOCIAL SAFEGUARD DUE DILIGENCE (SSDD): ...... 30 19.1 PURPOSE OF SOCIAL DUE DILIGENCE REPORT ...... 30 19.2 METHODOLOGY ADOPTED IN PREPARATION OF SDDR ...... 30 19.3 MINIMIZATION OF SOCIAL IMPACTS ...... 31 19.4 DETAILS OF LAND ACQUISITION (LA) IN THE PROJECT ...... 31 19.5 RESETTLEMENT IMPACT IN THE SUB-PROJECT ...... 31 19.6 COMMUNITY INTERACTIONS ...... 32 19.7 LOCAL EMPLOYMENT ...... 33 19.8 LABOUR HEALTH, SAFETY, HYGIENE OF CONSTRUCTION WORKERS ...... 33 19.9 GRIEVANCE REDRESSAL ARRANGEMENTS ...... 33 20. SITE VISIT OBSERVATIONS ...... 34 21. CONCLUSION...... 35 21.1 GAPS IDENTIFIED AND RECOMMENDATIONS ...... 35 22. ACTION PLAN FOR SAFEGUARDS COMPLIANCE AND COMMUNITY WELFARE MEASURES ...... 37 23. DISCLOSURE AND MONITORING OF ACTION PLAN: ...... 39
D P Jain Ujjain Road Projects Pvt. Ltd. & D P Jain Dariyapur Road Projects Pvt. Ltd.
LIST OF TABLES Table 1: Project Salient Features...... 5 Table 2: Sub-Project wise Tree Felling Details ...... 8 Table 3: Status of Regulatory Clearances Obtained ...... 10 Table 4: Environmental Management and Safety Audit Cost ...... 14 Table 5: EMP Implementation Matrix –D P Jain Dariyapur- ...... 15 Table 6 Table 6: EMP Implementation Matrix –D P Jain Ujjain ...... 20 Table 7: Project-wise Land handover Status (in Ha) ...... 31 Table 8: Budget earmarked for community welfare measures for D P Jain Ujjain Road Projects Pvt. Ltd...... 37 Table 9: Budget earmarked for community welfare measures for D P Jain Dariyapur Road Projects Pvt. Ltd...... 38
LIST OF FIGURES Figure-1: Institutional Arrangement for implementation Environmental Aspects ...... 26 Figure 2: Grievance Redressal Mechanism, MPRDC ...... 33 Figure 3: Grievance Redressal Mechanism, DPJ Ujjain & DPJ Dariyapur ...... 34
LIST OF APPENDICES Appendix-I:…………………………………………………………………………………...Environmental Management Scheme Appendix-II:…..…………………………………………………………………….Permission for construction near Forest Area Appendix-III:…..……………………………………………………………...... Permission/ Consent/ Clearance Letters Appendix-IV:………………………………………………………………………………………..………………Blasting Licenses Appendix-V………………………………………………………………………….NOC from Gram Panchayat, DPJ Dariyapur Appendix-VI:……………………………………………………………………………………Tree Felling Permissions, Ashapur Appendix-VII:……………………………………………………………...... RoW hand over letter from MPRDC DPJ Ujjain Appendix-VIII:………………………………………………………….…..RoW hand over letter from MPRDC DPJ Dariyapur Appendix-IX:……………………………………………………………………..…The Minutes of Discussion with Communities Appendix-X:…………………………………………………………………………………………………….….…Labour Licence
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ABBREVIATIONS CA : Concession Agreement
CoI : Corridor of Impact
CSR : Corporate Social Responsibility
DBFOT : Design, Built, Finance, Operate and Transfer
DPR : Detail Project Report
EIA : Environmental Impact Assessment
EMS : Environmental Management Scheme
EMP : Environmental Management Plan
EPC : Engineering Procurement and Construction
ESDDR : Environmental and Social Due Diligence Report
ESMU : Environmental and Social Management Unit
GoI : Government of India
IIFCL : India Infrastructure Finance Company Limited
LIE : Lenders Independent Engineers
MDR : Major District Road
MoEF : Ministry of Environment and Forest
MP : Madhya Pradesh
MPRDC : Madhya Pradesh Road Development Corporation Ltd.
NOC : No Objection Certificate
PIM : Projects Information Memorandum
PPP : Public Private Partnership
RoW : Right of Way
SDDR : Social Due Diligence Report
SEIAA : State Environment Impact Assessment Authority
India Infrastructure Finance Company Limited 3 Due Diligence Report on Environmental & Social Safeguards
D P Jain Ujjain Road Projects Pvt. Ltd. & D P Jain Dariyapur Road Projects Pvt. Ltd.
1. PURPOSE OF THE REPORT:
1. World Bank has sanctioned US$ 195 million line of credit to IIFCL to encourage flow of private investments into infrastructure. The sub-projects carrying potential of low safeguards risk under direct financing have been considered for refinancing by IIFCL from Bank’s line of credit. In order to be eligible for funding from the Bank loan facility, IIFCL has prepared the Environmental and Social Due Diligence Report (ESDDR) for the two sub-projects on behalf of the concessionaire DPJ Ujjain & DPJ Dariyapur. All the information given in the ESDDR is agreed and confirmed by the Concessionaires.
2. IIFCL as part of its infrastructure scheme has sanctioned ` 32.00 Cr. to DPJ Ujjain and `24.76 Cr. to DPJ Dariyapur. IIFCL has disbursed `26.14 Cr. and `19.53 Cr. to DPJ Ujjain & DPJ Dariyapur respectively. The total project cost for DPJ Ujjain is `162 Cr. and debt component of the project is `121.50 Cr. For the project DPJ Dariyapur the project cost is `123.83 Cr. and the debt component of the project is `92.87 Cr.
3. This Environmental and Social Due Diligence report (ESDDR) has been carried out by India Infrastructure Finance Company Limited (IIFCL) in consultation with the Concessionaire, D P Jain Ujjain Package (Annuity) Road Projects Pvt. Ltd. (DPJ Ujjain) and D P Jain Dariyapur-Jasondhi Package (Annuity) Road Projects Pvt. Ltd. (DPJ Dariyapur) to assess the adequacy of the project with the applicable National and World Bank Environmental and Social Safeguard policies. The report has been prepared as per the documents/information received from the concessionaire and the site visit observations.
2. THE NEED & OBJECTIVE OF THE PROJECT:
4. The Environmental and Social Due Diligence Report (EDDR) has been prepared with an objective to review the project compliance with environmental and social regulations of Government of India (GoI) as well as requirements of the World Bank. The condition along the entire length of existing roads can generally be classified as poor to very poor. Potholes are found throughout the project stretch.
5. The existing poor shape of roads are affecting the peoples’ quality of life and local farmer's ability to transfer agricultural produce to market post-harvest. These roads are unable to withstand the loads of heavy farm equipment and transport vehicles particularly in rainy season thereby making economic resource flow slow, and enhancing the logistical costs of the local farmers. The existing roads improvement / maintenance will result in:
The use of improved road by more vehicles;
Existing transport services will become cheaper, faster, more frequent and more reliable;
New transport services are also expected to be started;
Road maintenance activities; routine, periodic and emergency maintenance to prevent road network from deteriorating;
Traders will travel conveniently along the road to buy agricultural produce or place orders to the farmers;
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These roads are passed through the agricultural belt producing crops like soybean, wheat, gram, jowar and pulses. Ware houses and food processing factories will also expected to be installed in the region due to improved access to the local as well as state /national level markets
6. Keeping in mind the above expected benefits proposed improvement and management of existing MDR roads are fully justified, therefore, MPRDC has planned to improve the DPJ Ujjain & DPJ Dariyapur existing Major District Roads in Madhya Pradesh.
3. PROJECT DESCRIPTION:
3.1 D P Jain Ujjain Road Projects Pvt. Ltd. (DPJ Ujjain)
7. The Madhya Pradesh Road Development Corporation Ltd. (MPRDC) has awarded the Concession to D P Jain Ujjain Package (Annuity) Road Projects Pvt. Ltd. (DPJ Ujjain) on 30th day of November 2011 to undertake Development, Maintenance and Management of existing Major District Road (MDR) in three sections viz. 1) Salsalai-Gulana-Gulai Railway Station Roads (19.31Km.) 2) Pipliya-Manasa (40.19 Km.) 3) Devgularjod-Arandia (34.96) (total length of 94.46 Km.) in the state of Madhya Pradesh on Design, Built, Finance, Operate and Transfer (DBFOT) on Annuity basis through Public Private Partnership.
3.2 D P Jain Dariyapur-Jasondhi Road Projects Pvt. Ltd.
8. Madhya Pradesh Road Development Corporation Ltd. (MPRDC) has awarded the Concession to D P Jain Dariyapur-Jasondhi (Annuity) Road Projects Pvt. Ltd. (DPJ Dariyapur) on 17th January 2012 for development, maintenance and management of the two laning works of the existing major district roads comprises of three packages (i) Dariyapur-Jasondhi-Maharashtra Boarder Road (Length 15.55 Kms) (ii) Badwah-Ketekut Road (Length 23.60 Kms ) and (iii) Ashapur-Khalwa-Singhot Road (Length 41.70 Kms) (total length of 80.55 Km.) in the state of MP on Design, Built, Finance, Operate and Transfer (DBFOT) on Annuity basis.
9. The scope of work of the two projects broadly includes improvement and maintenance of the existing carriageway to Intermediate – Lane / Two – Lane standards with reconstruction, rehabilitation of existing pavement, construction and/or rehabilitation of minor bridges, culverts, road intersections, interchanges, drains, etc. and operation and maintenance thereof by the Concessionaires. Both the projects has allotted to the respective concessionaire for the concession period for duration of 15 years (including the 730 days construction period) from the date of appointment. The project salient features are given in Table-1: Table 1: Project Salient Features
Sl. Parameter Information No. Concessionaire DP Jain Ujjain Road Projects Pvt. Ltd. (DPJ Ujjain) & 1 DP Jain Dariyapur-Jasondhi Road Projects Pvt. Ltd.
Concessioning Authority Madhya Pradesh Road Development Corporation Ltd. 2 (MPRDC)
DPJ Ujjain: 162.00 Cr. & 3 Project Cost DPJ Dariyapur: 123.83 Cr.
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DPJ Ujjain: 121.50 Cr. & 4 Total Debt DPJ Dariyapur: 92.87 Cr.
DPJ Ujjain: 32.00 Cr. & 5 Loan Sanctioned by IIFCL DPJ Dariyapur: 24.76 Cr.
DPJ Ujjain: 94.46 Km. & 6 Length (in Kms.) DPJ Dariyapur: 80.55 Km
SPV/Project Length ROW(m) Width (km) From To Projects/Package for DPJ Ujjain Package Improvement, Maintenance and Devgularjod-Arandia 34.96 20 25 Management of existing Major Pipaliya-Manasa 40.19 15 30 7 District Road (MDR) Salsalai-Gulana-Gulai 19.31 15 25 DPJ Dariyapur Package Dariyapur–Jasondhi 15.60 15 32 Badwah–Ketekut 24.20 10 20 Ashapur–Khalwa- 41.07 12 25 Singhot
75:25 8 Debt Equity Ratio
730 days 9 Construction Period
DPJ Ujjain: June 2014 Scheduled Commercial Operation & 10 Date DPJ Dariyapur: Dec. 2014
M/s DP Jain & Co. Infrastructure Pvt. Ltd. 11 EPC Contractor
DPJ Ujjain: 4.64Ha Total land Required: & 12 DPJ Dariyapur: 6.77Ha
Government Land acquired by MPRDC 13 Type of land
No legally notified ecologically sensitive area viz national parks, wild life sanctuaries etc. existing within 10km radius 14 Ecologically Sensitive Area of the project site.
Source: Information Received from Concessionaire and other relevant Documents. 10. The existing Right-of-Way (RoW) of the project road is in the range of 10 m to 25 m. The project design carriageways envisages the construction facility to be 5.5 m wide with 2.25 m hard shoulder in the open country and rural area and two lane carriage way with drain to drain paved shoulder in built up sections along the projects road. In the forest area (Badwah–Ketekut and Ashapur–Khalwa-Singhot sub- projects) roads width will be 7m only.
11. Scraping of existing crust, earth work, granular sub base, wet mix macadam, bituminous macadam, semi dense bituminous concrete, granular shoulders, unlined drain, built up drain, construction and
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improvement of culverts/bridges, slope protection, road side furniture, felling trees, compensatory plantation are the main activities involved in the projects.
4. METHODOLOGY:
12. The methodology followed during the preparation of Environmental and Social Due Diligence Report (ESDDR) is as follows:
Relevant documents relating to environmental and social safeguards have been reviewed, like Concession Agreement (CA), Engineering Procurement & Construction (EPC) Contract (to ensure that the applicable environmental standards and various environmental components of operation are included in agreement), Projects Information Memorandum (PIM), Lenders Independent Engineers (LIE) and all the relevant regulatory clearances and No Objection Certificate (like NOC from State Pollution Control Board as Per Air and Water Act, Tree felling Permission, Forest Clearance, etc.) provided by the Concessionaire to assess the compliance for the proposed projects.
Site visit to observe the environmental and social concerns associated with proposed projects
Discussion with the subproject developer and local communities regarding the implementation status and progress of the project during the site visit;
To assess the likely Environmental and social impacts of the project with respect to land acquisition, if any, involuntary resettlement; ascertain adverse environmental and social impacts on the people in terms of displacement, if any, loss of incomes , community links, pollution, safety and health;
To ascertain, in case of any adverse impact, if appropriate mitigation measures have been taken during the project planning, designing and frameworks established for carrying out safeguard measures during the implementation stage to minimize and mitigate adverse impacts, if any;
To confirm that environmental and social issues have been addressed in compliance with the National and World Bank’s Environmental and Social Safeguard Policies;
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ENVIRONMENTAL SAFEGUARD DUE DILIGENCE
5. AVAILABILITY OF EIA/EMP REPORTS:
13. The road packages under these sub-projects are major district roads (MDRs). Environmental clearance is not required as per stipulations of EIA notifications, 2006 of MoEF, as amended in 2011. Consents from respective Regional Offices of MP Pollution Control Board have been obtained. Environmental Management Scheme has also been prepared as attached Appendix I.
6. ENVIRONMENTAL SENSITIVITY AND DUE DILIGENCE:
14. Environmental & Social Management Unit Head and Social Safeguard Specialist of IIFCL visited the site along with concessionaire during 10 - 13 September 2013 and Environmental & Social Safeguard Specialists have visited sites on 4 – 6 December, 2013 for detailed discussions with the stakeholders and concessionaire for field verification of environmental and social safeguards.
The area along both projects (all six sub-projects) represent mostly rural environment and sub- project wise details (tree felling, forest clearances, etc.) are provided in Table 2:
Table 2: Sub-Project wise Tree Felling Details
SPV/Project Length No of No of Major Village/Town Remarks (km) Felling Sapling Trees to be Planted DPJ Ujjain Package Devgularjod- 34.96 308 3080 Degularjod, Mortavkevari, Felling Trees Arandia Chotiakheri, Pagravadkalan, permission has been Barodia, Panvaria, Kherkheri, obtained. Lalpura, Parlia, Arandia, and Phatehpur Chikli Pipaliya- 40.19 666 6680 Piplia, Gurbheli, Badri, Out of 666, about 71 Manasa Barkhera Hunda, Soumiya, trees have already been Kishangarh, Rupawash, cut by unknown person. Jhara, Narayangarh, Lodkia, Felling Trees Ganganikheri, Mahagarh, permission has been Durgapura, Bardiya, and obtained. Manasa Salsalai- 19.31 89 890 Salsalai, Barigaon, Gulana, Felling Trees Gulana-Gulai and Bolai permission has been obtained. DPJ Dariyapur Package Dariyapur– 15.60 133 1330 Dariyapur, Bodarli, Felling Trees Jasondhi Dongargoan, Raisena, and permission has been Jasondhi obtained. Badwah– 24.20 330 3300 Badwah, Sirlai, Sabalpura, Road passes through Ketekut Kherihat, Lakhanpura, Londi, forest area. Required Barjhar, Sapat, Sorthi Barul, permission has been Khemki Barul, Rajna, and obtained. Length,
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Ketekut width and area are 7.785 km, 7.0 m and 5.449 ha, respectively. Felling Trees permission has also been obtained. Ashapur– 41.07 39 390 Ashapur, Khalwa, Kharkalan, Road passes through Khalwa- Rampura kalan,Junapani, forest area. Required Singhot Pokharkalan, Singhot permission has been obtained. Length, width and area are 4.9 km, 7.0 m and 3.43 ha, respectively. Felling Trees permission has also been obtained.
The proposed improvement and maintenance works of existing roads do not require any forest land diversion. Out of six sub-projects, Badwah–Ketekut and Ashapur–Khalwa-Singhot sub-projects pass through degraded forest area but not affecting any natural habitats or wildlife areas. The road section in these areas have clearly demarcated and ROW under the possession of MPRDC. Since the roads (two sub-projects) are passing through forest area, NOCs from Forest Department have been obtained for both projects (attached as Appendix II);
The projects roads do not pass through any protected area like Wildlife Sanctuary, National Park, Bio Reserve etc.;
There are no archaeological monuments and cultural sites of national importance within corridor of impact for these sub-projects;
Existing roads condition can generally be classified as poor. Major parts of the roads have no bitumen. Potholes are seen throughout the sub-project stretch;
Traffic density is very low or insignificant in the rural area;
Drainage conditions for existing roads are found to be poor especially near settlements;
The site is fully mobilised in terms of equipment, materials and manpower. The concessionaire has undertaken the implementation of environment management measures as per agreed EMP;
7. CATEGORIZATION OF SUB-PROJECT:
15. The sub-project may be classified as Category B/C based upon the World Bank’s policies on environment. This classification is based on the review of EMS and other available documents provided by the Concessionaire with respect to the environmental sensitivity due to project activities.
8. STATUS OF REGULATORY CLEARANCES:
16. It is required that the sub-projects meet the requirements of appropriate State and National legislations by considering appropriate obligations and guidelines of Regulatory Authorities. The sub projects need to have necessary environmental clearances as well as permits and approvals for project implementation and suitable environmental management. The statutory clearances required as part of the proposed strengthening of the sub-projects has been assessed and current status of such clearances are
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given in Table 3. Copies of Permissions, consents and clearances obtained for the project is attached as Appendix III.
Table 3: Status of Regulatory Clearances Obtained
Sl. Clearances Statutory Current Status of Clearance No. Required Authority 1 Environment Ministry of Letter No. 5565/Environmental Cle/MPRDC/2012 Bhopal al Clearance Environment and dated 01/08/2012. (As per MoEF, GoI notifications dated Forests, GoI, 04.04.2012 para II section 3, it is mentioned that New Delhi environmental clearance is required only for New State Highways Projects. As the concerned sub-projects are Major district roads and not New State Highways, environmental clearance in these case will not be required)
2 Forest Ministry of Not required for both the sub-projects and the sub-projects Clearance Environment and have not affected any forest land. Forests, Government of India 3. Permission to Office of Permission granted to undertake road construction work Work Near Conservator near forest area Forest Areas Sub-Projects Letter No. Dated
Salsalai-Gulana 2012/929 Shajapur /22.02.12
Ashapur-Khalwa-Singhot 2013/4683 Khandwa/22.4.13
Badwah-Ketekut 2013/213 Badwah/12/01/2013
4. Tree Felling District a) Tree cutting permission has been obtained from the Permissions Collectors District Collector, Shajapur for Salsalai_Gulana sub- for Roadside section vide Letter No. 2012/805-06 dated 28.8.12; Trees b) Tree cutting permission has been obtained from the District Collector, Shajapur for Devgularjod-Arandia sub- section vide Letter No. 2012/551-52 dated 16.7.12;
c) Tree cutting permission has been obtained from the District Collector, Khargoan for Badwah-Ketekut sub- section vide Letter No. 408/-2/2013 dated 27.2.13.
d) Tree cutting permission has been obtained from the District Collector, Khandwa for Ashapur-Khalwa- Singhot sub-section vide Letter No. 2013/3611 dated 30.3.13.
e) Tree cutting permission has been obtained from the District Collector, Buharanpur for Daryapur-Jasondhi sub-section vide Letter No. 03/62 12-13 dated 27.4.2013.
f) Tree cutting permission has been obtained from the District Collector, Mandsaur for Piplia-Manasa sub- section vide Letter No. 01/62/12-13 dated 22.3.13.
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g) Tree cutting permission has been obtained from the District Collector, Nimach for Piplia-Manasa sub-section vide Letter No. 02/62/2012-2013 dated 06.02.13.
5. Permission to i) Mining Devgularjod-Aranidia, Shajapur District Install & Section, Operate Collectorate, a) Permission for murrum quarrying (Sl No. 2013 dated 04.06.2013); ii) Regional Office, MP b) Permission for installation and operation of stone Pollution Control crusher (Sl no. 2012/3078 dated 7.4.2012); Board c) Consent to operate Under Water (Prevention and iii) State Control of Pollution) Act, 1974 (No. Environment NI1143/WATER/MPPCB/2010 Ujjain dated 17.08.12); Impact Assessment d) Consent to operate Under Air (Prevention and Control Authority of Pollution) Act, 1981 (No. (SEIAA), M.P. NI1144/MPPCB/URO/T/S/2012 Ujjain dated 17.08.12)
Badwah-Ketekut, Khargoan District:
a) Permission for murrum quarrying (Sl No. 344/13 dated 24.06.13;
b) Permission for installation and operation of stone crusher (Sl no. 2013/8765 dated 3.06.2013;
c) Consent to operate Under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 (Consent No. AWH- 21627; out ward No. 1873 File No. KR-183 Indore/Outward date 03.08.13).
Ashapur-Khalwa-Singhot, Khandwa District:
a) Permission for installation and operation of stone crusher and murrum quarrying (Sl no. 2013/8765 dated 3.06.2013;
b) Consent to operate Under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 (Consent No. AWH- 19655; out ward No. 485 File No. KH-76 Indore/Outward date 20.02.13);
c) Environmental clearance from SEIAA for murrum quarry at Khasra No. 67/1 village Kharkala, Tehsil Khalwa, District Khandwa (No. 2070/SEIAA/12 dated 11.1.2013;
d) Environmental clearance from SEIAA for murrum quarry at Khasra No. 267 village
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Chanepur Sarker, Tehsil Khalwa, District Khandwa (No. 2052/SEIAA/12 dated 10.1.2013);
e) Environmental clearance from SEIAA for murrum quarry at village Puranpura Raiyat, Tehsil Khalwa, District Khandwa (No. 2013/SEIAA/12 dated 8.1.2013)
Salsalai-Gulana, District Shajapur:
a) Permission for murrum and sand quarrying (Sl No. 2012/487 dated 18.05.2012:
b) Permission for installation and operation of crusher (Sl no. 2012/406 dated 19.4.2012;
c) Consent to operate Under Water (Prevention and Control of Pollution) Act, 1974 (No. 1141/MPPCB/URO/T/S/2012 Ujjain dated 17.08.12);
d) Consent to operate Under Air (Prevention and Control of Pollution) Act, 1981 (No.1142/MPPCB/URO/T/S/2012 Ujjain dated 17.08.12)
Dariyapur-Jansodhi, District Shajapur:
a) Permission for soil/murrum quarrying (Sl No. 105 dated 13.02.2013 (Water Resources, Buharnpur);
b) Permission for installation and operation of crusher (Sl no. 2012/318 dated 19.4.2012;
c) Consent to operate Under Water (Prevention and Control of Pollution) Act, 1974(LIE report and interaction with concessionaire);
d) Consent to operate Under Air (Prevention and Control of Pollution) Act, 1981 (No.1144/MPPCB/URO/T/S/2012 Ujjain dated 17.08.12).
Piplia-Manasa, District Mandsaur:
a) Permission for boulder/murrum quarrying (Sl No. 514/2012 dated 07.03.2012;
b) Permission for installation and operation of crusher (LIE report and interaction with concessionaire);
c) Consent to operate Under Water (Prevention and Control of Pollution) Act, 1974 (No. 1193/RO/MPPCB/12 Ujjain dated 23.8.12);
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d) Consent to operate Under Air (Prevention and Control of Pollution) Act, 1981 (LIE report and interaction with concessionaire).
6. Blasting District Office, a) NOC obtained for Devgularjod-Arandia sub project (No. License Collectorate 13/35 Shajapur dated 7.02.13) b) NOC obtained for Badwah-Ketekut sub project (No. 37/2013 Khargoan dated 18.01.2013)
Blasting License is attached as Appendix IV.
7. Water for _ Arranged through tankers from private sources. In case of construction Badwah-Ketekut and Salsalia-Gulana sub projects water purposes requirements for road construction are also met from rain water collected in the pit/pond (quarrying).
8. Borrow Area v. Panchayat a) Permission for installation of crusher, labour camp, office Permission etc. for Devgularjod-Arandia sub-section (Sl no. 2012 from dated 04/03/2012) Panchayats b) Permission to borrow murrum for Badwah-Ketekut sub- section (No. 12 dated 17.09.12) and to install crusher, office etc. (No. 381 dated 19.8.08)
c) Permission to borrow murrum/stone for Ashapur- Khalwa-Singhot sub-section has been obtained from Gram Panchayat Sutarkhera (dated 21.03.2013), Khar Kalan (No. 32 dated 12.06.12), Pokh Kalan (dated 05.02.2013) and Junapani (No. 2012 dated 26.03.2012).
d) Permission to borrow murrum for Salsalai-Gulana sub- section ( dated 18.06.12)
Source: Concessionaire and Field Observation
9. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE:
17. As environmental clearance is not mandatory for major district roads, formal public consultations were not held. However, the Concessionaire’s field staffs are in direct interaction with the affected community on a regular basis during the construction phase.
10. ENVIRONMENT AND SAFETY CLAUSES IN CONCESSION AGREEMENT:
18. MPRDC has signed concession agreements with M/s D. P. Jain Dariyapur-Jasondhi (Annuity) Road Projects Private Limited on 17th January 2012 and with M/s D. P. Jain Ujjain Package (Annuity) Road Projects Private Limited on 30th November, 2011.
19. Safety requirements are given under Article 18 in which it is specified that the Concessionaire shall comply with the provisions of this agreement, applicable laws and applicable permits and conform to good industry practices for securing the safety of the users. Besides, the authority shall appoint a qualified and experienced firm or organization for carrying out safety audit of the project highways in accordance with the safety requirements and shall take all other actions necessary for securing compliance with the safety requirements. In particular, the Concessionaire shall develop, implement and administer a
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surveillance and safety programme for providing a safe environment on or about the project roads and shall comply with the safety requirements.
11. ENVIRONMENT AND SAFETY CLAUSES IN EPC CONTRACT:
20. The D P Jain Dariyapur-Jasondhi (Annuity) Road Projects Pvt Limited as well as D P Jain Ujjain Package (Annuity) Road Projects Pvt. Limited has awarded the EPC works for these projects to D P Jain & Co. Infrastructure Pvt Limited. As per EPC Contract, the Contractor shall comply with all environmental requirements stipulated in the design requirements and other requirements under applicable permits and applicable laws including but not limited to all environmental laws and regulations having application to the project, and including but not limited to standards for noise and vibration levels and airborne and waterborne pollutants. Contractor shall prepare and comply with a Project Site Safety Plan and shall comply with safety requirements set out in CA.
21. As per Safety Requirement- Article 18 of the concession agreement and all liabilities arising out of and all traffic management and maintenance of the project road including the existing road will be the responsibility of the Contractor.
22. They will take all reasonable precautions for the prevention of accidents on or about the site and provide all reasonable assistance and emergency medical aid to accident victim.
23. A medical aid post building and two residential quarters will be constructed and handed over to the client not later than thirty days prior to scheduled project completion date.
12. EMP IMPLEMENTATION BUDGET:
24. As part of the project, detailed Environmental Management Scheme (EMS) measures will be taken during pre-construction and construction phase for implementing the same. The EMP budget exclusively includes the following measures:
Maintenance of air, noise and water quality;
Monitoring of applicable Environmental Parameters and submission of Environmental Statement
Sprinkling of water during construction;
Tree-cutting and compensatory plantation
Health & safety (including personal protective equipment);
Training and awareness on health, safety and environment
About Rs 1.3 crore will be earmarked to meet the environmental management scheme and safety cost of the projects has been proposed. About Rs 40 lacs will be required to meet the recurring cost. Details are provided in Table-4:
Table 4: Environmental Management and Safety Audit Cost
Item Capital Cost Recurring Cost (Rs in Lacs) (Rs in Lacs) Personal Protective Equipment (PPE) 07 01
Dust Suppression Systems etc. 60 10*
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Ambulance (2) with First Aid Facilities 14 7.5**
Pond/Pit Development (including Fencing) 12 02
Compensatory Plantation 24 06
Environmental Parameter Monitoring and Preparation of - 12 Environmental Statements and Safety Audit Others 13 1.5
Total 130 40
*: Maintenance and salary of six drivers **: Maintenance and salary of two (for each shift) drivers
13. ENVIRONMENT MANAGEMENT SCHEME (EMS) IMPLEMENTATION:
25. Environmental management scheme (EMS) been provided in Appendix I. The EMS has proposed mitigation measures which are being adopted during the pre-construction, construction and operational phases of the project. The EMS also elaborates on environmental monitoring.
26. Implementation matrixes of Environmental Management Plan (EMP) are provided below in Table 5 & 6 Table 5: EMP Implementation Matrix –D P Jain Dariyapur-
Sl Compliance Not Particular of Works Remarks No Yes No Applicable 1. Monitoring of Ambient Air Quality, Water NA Not Applicable in Quality & Noise Level at all the MDR’s construction camps (Quarterly basis) 2. Permission of tree cutting from Competent Yes Authorities like Forest Department (as applicable) 3. Permission for Diversion of Forest land NA from Competent Authorities like Forest Department (as applicable) 4. Status of Site Clearance from MoEF Existing Road 5. Sources of water for construction NA Water is being taken from Private Sources
6. Have you obtained permission from the NA Water is being taken government, if you are using river water from private sources.
7. Are any water bodies / water sources being NA affected? Give details for each case
8. Permission for operation of Quarrying and Yes Refer Table 3. Borrowing
9. Road side utility relocation plan (Detailing / Yes Permission and reestablishment schedule
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Sl Compliance Not Particular of Works Remarks No Yes No Applicable etc.)
10. NOC from State Pollution Control Board Yes Refer Table 3. (SPCB) under Water (Prevention and Control of Pollution) Act – 1974 and the Air – Act 1981 and the environmental (protection) Act 1986
11. Status of dust control at crusher and along Yes the road where construction is under progress
12. Traffic Safety / Road side signage Yes
13. Are the warning signs sufficient in number Yes
14. Are the warning signs adequately clear Yes
15. Noise Pollution : Noise from Vehicles, Plants and Equipment:- Yes i) All plants and equipment used in construction will strictly confirm to the MoEF/ Central Pollution Control Board Yes (CPCB)/ SPCB noise standards;
ii) All vehicles and equipment used in Yes construction will be fitted with exhaust silencers;
iii) Servicing of all construction vehicles and machinery will be done regularly and Yes during routine servicing operations, the effectiveness of exhaust silencers will be checked and if found defective will be replaces.
16. Emission from Construction Vehicles, Equipment and Machineries:- i) Contractor will ensure that all vehicles, equipment and machinery used for Yes construction are regularly maintained and confirm that pollution emission levels comply with the relevant requirements of SPCB/CPCB.
ii) The Contractor will submit PUC (Pollution under Control) certificates for all vehicles/equipment/machinery used for the project.
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Sl Compliance Not Particular of Works Remarks No Yes No Applicable 17. Status of dust control during construction Yes Mainly sprinkling of activities water through tankers.
18. Dust Pollution: i) The contractor will take every precaution to reduce the level of dust from Yes crushers/hot mix plants, construction sites involving earthwork by sprinkling of water, encapsulation of dust source and by erection of screen/barriers; Yes ii) The contractor will provide necessary certificate to confirm that all crushers used in consultation confirm to relevant dust emission control legislation.
19. Drainage: Contractor will ensure that no construction materials like earth, stone, ash or appendage is disposed of in a manner Yes that blocks the flow of water of any water course and cross drainage channels. Contractor will take all necessary measures to prevent any blockage to water flow.
20. License of labour: Insurance Policy for all Yes labour force
21. Does the labour / construction have the First Yes Aid
22. Has the contractor provided and Not Applicable as maintaining temporary living NA local labours are hired accommodation and ancillary facilities for on daily basis. labour to the standards and scale approved.
23. Supply of safety equipment and safety Yes devices (helmet / shoe / goggles etc.) to the workers 24. Does the contractor have a safety plan Yes during construction
25. Labour Camp Management:
i) Accommodation- maintained necessary living accommodation and ancillary facilities in functional and hygienic manner;
ii) Potable Water- Supply of sufficient quantity of potable water (as per IS) in every workplace/labour campsite at NA
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Sl Compliance Not Particular of Works Remarks No Yes No Applicable suitable and easily accessible places and regular maintenance of such facilities;
iii) Sources of water for the camp;
iv) Sanitation and Sewage System- the sewage system for the camp are designed, built and operated in such a fashion that no health hazards occurs and no pollution to the air, ground water or adjacent water courses take place, separate toilets/bathrooms, wherever required, screened from those from men (marked in vernacular) are to be provided for women, adequate water supply provided in all toilets and urinals and all toilets in workplace are with dry- earth system (receptacles) which are to be cleaned and kept in a strict sanitary condition.
26. Are the garbage bins provided in the camps Yes and regularly emptied and the garbage disposed of in a hygienic manner, to the satisfaction
27. General cleanliness of camps area Yes
Base Camp, 1. Badwah-KeteKut Gram:- Londi, Teh:- Baruwaha, Distt:- Khargoan;
2. Ashapur- Khalwa- Singhot Gram: Junapani Teh: Khalwa, Distt: Name and location of each hot mix plant Khandwa; 28. under operation. 3. Dariyapur-Jasondhi Gram: Pagarwadkalan Teh: Shujalpur Distt: Shajapur
NOCs received from Gram Panchayat is attached as Appendix V. 29. Good house-keeping practices for various work places of projects e.g. Worker’s Yes
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Sl Compliance Not Particular of Works Remarks No Yes No Applicable Camp, Crusher, and Construction area of Road etc.
30. Safety arrangements for worker, public and Yes associated environment – during construction.
31. Is the storage of fuel/lubrication done Yes satisfactorily?
32. Are you using blasting material, if you Yes please provide the – permissions obtained, storage facility and location?
33. Drinking water facility in camps and work Yes site.
34. Water: No ground water shall be tapped for Yes Water is being taken the construction of the project. Water for from private sources. construction works shall not be drawn from community water sources.
35. Air: i) Water sprinkling is carried out at mixing Yes sites, temporary diversions, unpaved roads as well as haulage roads to control dust emission;
ii) The gaseous emissions and particulate Yes matter from the project construction confirm to the standards prescribed by the SPCB. At no time, the emission levels shall go beyond the stipulated standards;
iii) Concessionaire obtained the requisite Yes permissions for Asphalt plant, Hot-Mix Plants, Wet-Mix Plants and Concrete Batching Plants from the statutory authority before commencing any activity;
iv) Occupational health surveillance of the workers shall be carried out on a regular basis and proper records shall be maintained for the same;
v) Pre-employment and periodical medical examination for all workers undertaken as per statutory requirements.
36. Occupational health surveillance of the
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Sl Compliance Not Particular of Works Remarks No Yes No Applicable workers is carried out on a regular basis and Yes proper records shall be maintained for the same. Pre-employment and periodical medical examination for all workers is undertaken as per statutory requirement.
37. Oil interceptors are provided wherever petroleum, oil, lubricants are handled / Yes utilized / stored to avoid soil contamination.
38. Training given to all workers on safety and Yes health aspects.
39. No water bodies are affected due to the No Water body is project. getting affected by the projects. Source: Field Observation and Concessionaire
Table 6 Table 6: EMP Implementation Matrix –D P Jain Ujjain
Compliance Sl No Particular of Works Not Remarks Yes No Applicable 1. Monitoring of Ambient Air Quality, NA Not Applicable in MDR’s Water Quality & Noise Level at all the construction camps (Quarterly basis).
2. Permission of tree cutting from Yes Competent Authorities like Forest Department (as applicable).
3. Permission for Diversion of Forest land NA from Competent Authorities like Forest Department (as applicable). 4. Status of Site Clearance from MoEF. Yes
5. Sources of water for construction. NA Water is being taken from private sources. 6. Have you obtained permission from the NA Water is being taken from government, if you are using river private sources. water?
7. Are any water bodies / water sources NA being affected? Give details for each case.
8. Permission for operation of Quarrying Yes and Borrowing.
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Compliance Sl No Particular of Works Not Remarks Yes No Applicable 9. Road side utility relocation plan Yes (Detailing / Permission and reestablishment schedule etc.).
10. NOC from State Pollution Control Yes Not required in case of Board (SPCB) under Water (Prevention MDR’s as per MPRDC. and Control of Pollution) Act – 1974 and the Air – Act 1981 and the environmental (protection) Act 1986.
11. Status of dust control at crusher and Yes along the road where construction is under progress.
12. Traffic Safety / Road side signage. Yes
13. Are the warning signs sufficient in Yes number?
14. Are the warning signs adequately clear? Yes
15. Noise Pollution : Noise from Vehicles, Plants and Equipment:- Yes
i) All plants and equipment used in construction will strictly confirm to Yes the MoEF/ Central Pollution Control Board (CPCB)/ SPCB noise standards; Yes
ii) All vehicles and equipment used in construction will be fitted with exhaust silencers;
iii) Servicing of all construction vehicles and machinery will be done regularly Yes and during routine servicing operations, the effectiveness of exhaust silencers will be checked and if found defective will be replaces.
16. Emission from Construction Vehicles, Equipment and Machineries:- i) Contractor will ensure that all vehicles, equipment and machinery Yes used for construction are regularly maintained and confirm that pollution emission levels comply with the relevant requirements of
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Compliance Sl No Particular of Works Not Remarks Yes No Applicable SPCB/CPCB;
ii) The Contractor will submit PUC (Pollution under Control) certificates for all vehicles/equipment/machinery used for the project.
17. Status of dust control during Yes construction activities.
18. Dust Pollution: i) The contractor will take every precaution to reduce the level of dust Yes from crushers/hot mix plants, construction sites involving earthwork by sprinkling of water, encapsulation of dust source and by erection of screen/barriers; Yes
ii) The contractor will provide necessary certificate to confirm that all crushers used in consultation confirm to relevant dust emission control legislation.
19. Drainage: Contractor will ensure that no construction materials like earth, stone, ash or appendage is disposed of Yes in a manner that blocks the flow of water of any water course and cross drainage channels. Contractor will take all necessary measures to prevent any blockage to water flow.
20. License of labour: Insurance Policy for Yes all labour force.
21. Do the labour / construction have the Yes First Aid?
22. Has the contractor provided and Not Applicable as local maintaining temporary living NA labours are hired on daily accommodation and ancillary facilities basis. for labour to the standards and scale approved.
23. Supply of safety equipment and safety Yes devices (helmet / shoe / goggles etc.) to the workers.
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Compliance Sl No Particular of Works Not Remarks Yes No Applicable 24. Does the contractor have a safety plan Yes during construction?
25. Labour Camp Management: i) Accommodation- maintained necessary living accommodation and ancillary facilities in functional and Labour are all local ones, hygienic manner; hence they came around 9 AM in the morning and ii) Potable Water- Supply of sufficient prefer to return home by 6 quantity of potable water (as per IS) PM. in every workplace/labour campsite at suitable and easily accessible NA places and regular maintenance of such facilities;
iii) Sources of water for the camp;
iv) Sanitation and Sewage System- the sewage system for the camp are designed, built and operated in such a fashion that no health hazards occurs and no pollution to the air, ground water or adjacent water courses take place, separate toilets/bathrooms, wherever required, screened from those from men (marked in vernacular) are to be provided for women, adequate water supply provided in all toilets and urinals and all toilets in workplace are with dry-earth system (receptacles) which are to be cleaned and kept in a strict sanitary condition.
26. Are the garbage bins provided in the Yes camps and regularly emptied and the garbage disposed of in a hygienic manner, to the satisfaction?
27. General cleanliness of camps area. Yes
Base Camp
1. Devgularjod-Arandia Name and location of each hot mix plant Gram:- Pagravatkalan 28. under operation. Teh:- Shujalpur, Distt:- Shajapur
2. Salsalai-Gulana
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Compliance Sl No Particular of Works Not Remarks Yes No Applicable From Devgularjod- Arandia
3. Pipliya-Manasa Gram:- Narayangarh Teh & Distt.- Mandsaur
29. Good house-keeping practices for various work places of projects e.g. Yes Worker’s Camp, Crusher, and Construction area of Road etc.
30. Safety arrangements for worker, public Yes and associated environment – during construction.
31. Is the storage of fuel/lubrication done Yes satisfactorily?
32. Are you using blasting material, if you Not applicable as the same please provide the – permissions is being done through the obtained, storage facility and location? petty contractor who has the license from competent authority. 33. Drinking water facility in camps and Yes work site.
34. Water: No ground water shall be Yes Water is being taken from tapped for the construction of the private sources. project. Water for construction works shall not be drawn from community water sources.
35. Air: i) Water sprinkling is carried out at Yes mixing sites, temporary diversions, unpaved roads as well as haulage roads to control dust emission; Yes ii) The gaseous emissions and particulate matter from the project construction confirm to the standards prescribed by the SPCB. At no time, the emission levels shall go beyond the stipulated standards; Yes
iii) Concessionaire obtained the requisite permissions for Asphalt plant, Hot- Mix Plants, Wet-Mix Plants and Concrete Batching Plants from the
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Compliance Sl No Particular of Works Not Remarks Yes No Applicable statutory authority before commencing any activity;
iv) Occupational health surveillance of the workers shall be carried out on a regular basis and proper records shall be maintained for the same;
v) Pre-employment and periodical medical examination for all workers undertaken as per statutory requirements.
36. Occupational health surveillance of the workers is carried out on a regular basis Yes and proper records shall be maintained for the same. Pre-employment and periodical medical examination for all workers is undertaken as per statutory requirement.
37. Oil interceptors are provided wherever petroleum, oil, lubricants are handled / Yes utilized / stored to avoid soil contamination.
38. Training given to all workers on safety Yes and health aspects.
39. No water bodies are affected due to the No Water body is getting project. affected by the projects.
Source: Field Observation and Concessionaire
14. CONCESSIONAIRE AND EPC CONTRACTOR’S HSE PLAN:
27. The Concessionaire will take care of all the safety and environmental aspects as per agreement and also in the interest of staff members and adhere to it. The Concessionaire will follow Health, Safety and Environment Management System to address good industry practices with regard to environmental management, worker safety and accident/hazard prevention at work site. Major objectives of following HSE practices is to specifically assess the risk associated with worker’s safety and to suggest precautionary measures to avoid accidents; integrate safety with work practices; create safety awareness amongst every individual associated with the project; formulate and effectively maintain the accident prevention program of the project and to achieve the prime goal of zero accident. There will be provision of safety fund. Ambulance with Chauffeurs will be provided to meet any emergency requirement.
15. ENVIRONMENTAL MONITORING:
28. As per contract agreement contractor will follow the environment manual i.e. the manual issued by project management consultant from time to time in connection with protection and preservation of environmental compliance with applicable environmental laws, in connection with the works and the
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contract. The environmental monitoring is primarily the responsibility of the EPC contractor. Contractor will fulfil environmental and other requirements under the applicable laws and applicable permits at the contractor’s own cost and expense.
16. INSTITUTIONAL FRAMEWORK FOR EMP IMPLEMENTATION:
29. The project institutional framework as given in the project EMP indicates that the overall implementation responsibility of the EMP lies with MPRDC; Divisional Manager at MPRDC is supported by HoD, Environment. EPC is yet to appoint Safety Audit Consultant and the Independent Engineer (IE) has also not appointed the Safety Consultant. Right now, the entire responsibility of environment management lies with the EPC’s Environmental Engineer. The institutional arrangement made for implementation of environmental aspects is given in Figure- I
Figure-1: Institutional Arrangement for implementation Environmental Aspects
MPRDC (DM/HoD, Env)
Concessionaire/EPC Environment Engineer Safety Audit Consultant IE Safety Consultant
EPC HSE Engineers
17. SITE VISIT:
30. A site visit was undertaken initially by IIFCL’s Head (ESMU) Environmental and Social Safeguard Specialist 10-13 September, 2013 and Environmental & Social Safeguard Specialists visited sites during 4th-6th of December, 2013 to have detailed discussions with the primary stakeholders and staff of the Concessionaire to review the implementation of the project’s environmental safeguards. During the site visit it has been observed that:
At construction plant sites, following air pollution control measures are being carried out as envisaged in the environmental management scheme:
Dust control measures in crusher and hot mix plants;
Water sprinkling before excavation;
Frequent water spraying on haul roads, service roads and excavated materials;
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Regular maintenance of vehicles and machineries;
Cabins for excavators, loaders and dumpers;
Dust masks to the workers working in the dust prone area;
Trees are cut as per tree felling permission (Appendix VI). No forest species have been affected;
The saplings of neem, teak, babul, subabool and mango species have been proposed to be planted along the road and lease area.
Barbed wire fencing will be provided around the plantation to protect the plants;
Measures will be taken by contractors to take care of plants attain full growth;
Rain water is being collected in the pit created due to quarrying. Pit has been fenced by barbed wire in case of Badwah-Ketekut sub-project. In case of Salsalai-Gulana sub-project some cattle enter the pit/pond. Entire pit/pond area should be protected so that water quality may not get affected due to cattle interferences. Fencing will also prevent mishaps;
Proper traffic diversions and appropriate signage are being provided at the site to prevent any disruption to the road traffic;
Workers are being provided with the required safety gears to be worn during execution of work;
Good housing practices in the premises are maintained;
Solid wastes generated are being used to prepare the access roads, levelling the ground and raising the wall as desired by local people;
Local labourers are being deployed for construction purposes and they go back to their houses in the evening after completing day’s work;
Staff accommodation facilities near camp sites (mainly nearest town) have been provided with adequate drinking water, mess and sanitation facilities for permanent staffs;
Periodic Environmental quality monitoring has been planned to be carried out at the plant locations during construction phase, although the process hasn’t begun yet;
18. CONCLUSIONS AND RECOMMENDATION:
31. Based upon the available documents, it is concluded that the concessionaire through their EPC contractor has undertaken adequate environmental safeguard measures. The sub-projects have made sound progress and once the Independent Engineer’s Safety Consultant will be in place, the Concessionaire will get the necessary guidance on environmental management aspect also.
32. The conclusions for the sub-projects are given below:
The sub-projects have been prepared by MPRDC as per its own funding requirement and not in anticipation to World Bank’s operation;
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These sub-projects do not require environmental clearance as well as forest clearance; however, other necessary permits and approvals for project implementation have been undertaken by the Concessionaire.
The sub-projects do not affect any eco-sensitive zones as declared by MoEF. Also the sub-projects do not pass through any national park or wildlife sanctuary. No historical or archaeologically important monuments are affected due to these sub-projects.
Special attention should be given in the section for fugitive dust suppression where alignment passes through sensitive areas such as school, etc. As soon as construction is over the surplus earth material should be utilized properly and in no case loose earth material should be allowed to pile up along the alignment.
In case of bituminous wastes, dumping will be carried out over 60 mm thick layer of rammed clay so as to eliminate any chances of leaching;
Institutional arrangement is also being done for regular environmental management. EPC Contractor has to engage monitoring consultants as soon as envisaged in the environmental management scheme.
Ambient air quality monitoring should be carried out at two locations once in a year as specified in the Consent letters issued by respective regional offices of MP Pollution Control Board.
Noise level at periphery of crusher units should conform to prescribed limit of 75 dB (A) and 70 dB (A) in day and night times, respectively.
Fine dust accumulated in the crushing area should be regularly cleaned and adequate measures should be taken to arrest the fugitive emission from dump area.
Excavated waste materials should be re-used/dumped properly. Pond developed due to quarrying particularly in case of Badwah-Ketekut, Salsalai-Gulana and Piplia-Manasa (Sitapur pond) should be properly developed and maintained to collect rain water and its reuse.
The sub-projects may also have a positive GHG emission reduction due to less fuel consumption for the same traffic density.
All conditions as specified in the consent to water Act, 1974 and Air Act, 1981 of State Pollution Control Board should be complied. If for any reason, contractor will be unable to comply with any condition specified in consent, the contractor will immediately discuss their concern with the consent issuing authority.
Contractor will be responsible for safety, soundness and durability of entire construction works executed on the site and its compliance with specifications and standards irrespective of any approval or consent by the concessionaire’s representation.
Construction sites are constantly changing and systems must be in place to review and modify control/mitigative measures to maintain effectiveness.
Based on the due diligence findings, it can be deduced that the sub-projects have no significant environmental safeguard issues.
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The Sub-projects therefore do not appear to involve any kind of reputational risk to IIFCL and the World Bank funding on environmental safeguards and recommended for funding under the proposed head.
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SOCIAL SAFEGUARD DUE DILIGENCE
19. SOCIAL SAFEGUARD DUE DILIGENCE (SSDD):
19.1 Purpose of Social Due Diligence Report
33. Social Due diligence of the project was carried out to:
a) assess the likely social impacts of the project with respect to: land acquisition, if any; on the people in terms of displacement, loss of incomes; and community links, safety and health;
b) ascertain, if appropriate measures were taken during the planning stage with respect to design to minimize adverse impacts; and if safeguard measures were adopted during the implementation stage to mitigate adverse impacts, if any;
c) confirm that social safeguard issues have been addressed in compliance with the applicable National and State acts and policies particularly as the project had been prepared in line with MPRDC own funding requirements;
d) identify gaps in addressing of mitigation measures, if any, in respect of IIFCL’s ESSF;
e) inform the developer of these gaps and
f) provide support in development of an Action Plan to address the identified gaps.
19.2 Methodology adopted in preparation of SDDR
34. The methodology adopted in preparation of Social Due Diligence Report (ESDDR) is as follows:
a) carry out desk review of documents provided by subproject developer such as: Projects Information Memorandum (PIM), Copies of gazette notifications; Site handover letters; Minutes of meetings held between sub project developer and the village communities; Other relevant correspondence, if any;
b) undertake site visit for observations, assessment of impacts/potential impacts;
c) interact with communities at site;
d) hold discussions with sub project developer on the measures taken to mitigate safeguard impacts and explain the IIFCL safeguard compliance requirements;
e) prepare draft Due Diligence Report;
f) share the due diligence report findings with the subproject developer for their concurrence, observations, if any;
g) revise draft DDR as per observations;
h) submit the draft DDR for World Bank for their review and observations, if any; and
i) incorporate comments received and finalize the DDR in discussion with the developer
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19.3 Minimization of social impacts
35. Existing RoW along these subproject roads varies from 10 m to 25 m. The proposed RoW for the project road stretch is 20 Mts. As existing RoW was sufficient to accommodate the road strengthening work, there was no additional land acquisition. While finalizing the road alignment appropriate the sub-project developer adopted appropriate engineering designs to minimize additional land acquisition and impacts on the existing road side structures. The road strengthening work like market areas has been accommodated within the existing RoW and no additional land acquisition has been made in the built up area where only small portion of Govt. land has been acquired.
19.4 Details of Land Acquisition (LA) in the project
36. Since the land was already available with the existing alignment, and only a small portion of Government land handover have been made at realignments and bus/truck lay bye where curve improvement/realignment is proposed. Though the project is passing through fourteen villages, hence there is no private land acquisition is involved in the Ujjain and Dariyapur Packages. The notifications for land acquisition had been published in the Vernacular language (Hindi) in the regional daily newspapers such as “The Dainik Jagaran”.
37. For timely completion of projects, all the six sections of DPJ Ujjain and DPJ Dariyapur were handed over by MPRDC vide their letter dated 30th April 2012. The RoW has been handed over to the concessionaire, free from all encumbrances and clearances as per clauses 4.1.2 and 10.3.1 of terms of the Concession Agreement. The RoW hand over letter of DPJ Ujjain and DPJ Dariyapur is attached as Appendix-VII and Appendix-VIII respectively. The total Govt. land handed over is 11.447 ha i.e. DPJ Ujjain (4.62 Ha) and DPJ Dariyapur (6.827Ha). The package-wise details of land acquired for both the projects is given in Table-7:
Table 7: Project-wise Land handover Status (in Ha)
DPJ Ujjain DPJ Dariyapur
Salsalai-Gulana Pipliya-Manasa Devgularjod-Arandia Dariapur-Jasondhi Badwah-Ketekut Ashapur-Khalwa
1 Realignm 0.53 5.89 0.27 0.865 - 3.70 ent
2 Bypass ------
3 Bus - - 0.05 0.029 0.047 0.061 Shelter
Sub Total 0.87 - 3.75 0.56 5.94 0.27
Total 4.625 6.827
Grand Total 11.447 Source: Information Received from Concessionaire
19.5 Resettlement impact in the sub-project
38. Details of impacts arising out of road strengthening work are given below:
a) Impact on Land: There is no acquisition of private land.
b) Impact on structures: During the site visit the subproject developer informed that approximately 27 kiosks, – which may be 15 Kiosks in DPJ Ujjain and 12 Kiosks/Khokhas in DPJ Dariyapur,
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were present within the ROW and they have moved out from the ROW before the start of the construction activities and are no more present there. Also, it was informed by the developer that as per the initial design, a larger number of persons at Dariyapur were likely to experience impacts on their residential structures due to narrow carriage width. However, it has been confirmed by the developer now that the civil work has been adjusted and confined within the available ROW and now, no such structures are getting affected due to construction of the project roads.
c) Impact on religious, culturally sensitive properties: There are total of nine (9) small temples (which are temporary in nature) affected by the two sub-projects i.e. two temples in Ashpur- Khalwa-Singhot section and seven (7) temples in Dadwah-Ketekutsection of DPJ Dariyapur project. The religious structures are basically small shrines (or statues) on small mud platforms adjacent to the road. Considering the sentiments of the local people, these structures have been relocated on a place as agreed by them. Further, these new reconstructed than the original structures are better than the existing ones.
d) Impact on Schedule Tribe Population: As confirmed from discussions with MPRDC and with the concessionaire, though there are some tribal inhabited villages adjacent to some of the roads, there are no tribal persons affected by these subprojects.
19.6 Community Interactions
39. The Concessionaire has held interactions with the local communities and with the affected persons from time to time. Some of these discussions were also attended by IIFCL’s team during the site visit (4th to 6th December 2013). IIFCL team along with the members of Concessionaire and EPC of the DPJ Ujjain & DPJ Dariyapur interacted with some of the affected people of Kalam kala, Khalaba kasuba, Pagarabad were also held with communities along the project road. 40. During the interactions, villagers discussed various socio-economic issues as well as difficulties faced during construction of roads. During the discussion with the villager, it was observed that they are generally in support of the project. A summary of the discussions is given below: Poor road condition makes it difficult to transport grains and vegetables to the local market, where there is a great demand; Before to this project, such good motorable roads are not there in the area; Further, with good quality roads, accessing medical facilities has been made easier; It will help industrial growth in the area plus development of grain storages to the godowns; With better motorable road public transportation facilities have been developed; with the improvement of the road conditions, villagers expect integrated development to take place; Construction works have provided work opportunities to the local villagers; Truck operators in particular, who were previously reluctant due to the poor road conditions, are now willing to come to these areas, significantly enhancing the transportation facilities; Approach roads to the nearby cremation area has been developed as well; Requested for enhanced safety measures such as provision of speed breakers at key locations near habitations; and Expressed satisfaction at the development of the road
41. In addition, the communities requested a few community welfare activities that meet their needs. These are listed below:
Enhancement and maintenance of approach road;
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Up gradation of community play ground; Traffic safety and awareness camp; Organizing health camp; Provision of dust-bins at required locations; Rain water harvesting in sites;
Details of these interactions in local language (Hindi) are annexed as Appendix-IX.
19.7 Local employment
42. As informed by the concessionaire, the two sub-projects have already provided employment opportunities to more than 100 local persons during the construction stage especially with respect to unskilled and semi-skilled labour. During the site visit it was also observed that it has employed local persons as security guards, drivers, cook, administrative assistants etc. The minimum per day wage rates for these different trades is Rs. 210/- per day. Also, approximately12-14 vehicles have been taken on hire basis from the local area for project works.
19.8 Labour health, safety, hygiene of construction workers 43. DPJ Ujjain and DPJ Dariyapur have obtained the labour license for the sub-projects as granted by Licensing Officer, Bruhanpur, Sahajpur, and Khandwa, MP respectively under the Contract-Labour Regulation & Abolition Act 1970 for the administrative convenience and to facilitate compliance in respect of all locally recruited employees / workers with validity period of 31/12/2013. The sample copies of labour licence are given in Appendix-X. 44. These two sub-projects have hired semi-skilled and unskilled workers belonging to the project area. As per the labour license given by the respective labour officers of Bruhanpur, Sahajpur, and Khandwa, MP, number of building workers to be engaged is limited to 50 for. These workers have been provided with adequate safety gears such as safety helmets, safety boots, and highway jackets. Facilities like onsite accommodation with basic amenities like water & toilets, transportation to work site and other safety gears are also provided. Construction workers have also been provided with ready access to on- or off-site health care check-up facilities and first aid facilities for minor injuries.
19.9 Grievance redressal arrangements
45. MPRDC has formed their own grievance redress mechanism to deal with the land acquisition and resettlement issues in the project area, as presented in Figure 2 below:
Figure 2: Grievance Redressal Mechanism, MPRDC
Complainant
Divisional Manager – MPRDC
Report to Chief Engineer MDR/SH/NH
Respective HOD – (LA/Utility/Environment/Mining/Admin)
Divisional Manager
Team Leader – Independent Engineer/Concessionaire/EPC Contractor/Collector/Local representative of MPRDC
Solution to Complainant
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46. The concessionaire had formed their own grievance redressal mechanism since commencement of construction works, in order to deal with issues, complaints, if any of the local people. As confirmed by the Concessionaire, there are no pending litigation/court cases in respect of Land acquisition and/or any other issues related to the project. Grievance redressal process is as shown in the Figure-3 below Figure 3: Grievance Redressal Mechanism, DPJ Ujjain & DPJ Dariyapur
Complainant
Project Manager - Site
Report to HO with copies to Chief Engineer MDR/SH/NH and Divisional Manager
If MPRDC - Respective HOD – (LA/Utility/Environment/Mining/Admin) or If Concessionaire – Head Technical
Through Divisional Manager if MPRDC Scope or Through Project Manager if Concessionaire Scope
Team Leader – Independent Engineer/Concessionaire/EPC Contractor/Collector/Local representative of MPRDC
Solution to Complainant
20. SITE VISIT OBSERVATIONS 47. During the site visit from 4th - 6th December 2013, it was observed that: The congested settlement area has been accommodated within the existing RoW and no additional land acquisition has been made in the built up area; Local people’s views have been given due consideration during the project design and planning stage of the sub-projects; Local persons are being engaged in the construction activities for unskilled and semiskilled works; Construction workers are provided with ready access to on- or off-site health care check-up facilities and are being provided with first aid for minor injuries; During the discussion with the local people, it was observed that people are very enthusiastic about the project and are very anxious to see the construction and construction related machineries in their locality. The local communities do not have any complaints or grievances in respect of the project related works; The developer has already undertaken a few community welfare measures in habitations along the project road. These are listed below:
i. Water tanker provided to villagers in summer if required, Machinery and other assistance provided to villagers in rainy season for storm water clearance; ii. Employment opportunity has been created to more than 250 persons; iii. The subproject developer has excavated a pond for water conservation and plantation around the pond in Pipaliya – Manasa; iv. In response to public demand, the subproject developer has constructed slab culvert at ch.15+540 & 20+190 in Devgular Arandia site; v. In Badwah- Katkut section, a temporary drain has been prepared to avoid water logging during rainy season.
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vi. Out of demand of villagers’ flexible pavement was converted into rigid pavement in Badwah- Katkut at Km. 18+100 to 18+400. vii. At our project km as per our approved plan and profile flexible pavement was provided, due to demand of villagers flexible pavement was converted into Rigid pavement in Badwah- Katkut. viii. The subproject developer is helping the villagers by means of construction of well/pond since the local ground is rocky in nature, excavating the ponds as a source of water during the summers in Ashapur khalwa site.
Overall, it was observed that the local communities are in support of the project;
21. CONCLUSION
48. Based on review of relevant documents and site visits it is recorded that the concessionaire has undertaken adequate social safeguard measures for better and timely implementation of the sub-projects. The key observations on due diligence on the social impacts are summarised as follows:
Design considerations have helped avoid or minimize impacts; No private land acquisition is involved since the land was already available with the existing RoW which is Govt. land. As the resettlement impacts were minimal no specific Resettlement Action Plan or Tribal development plan was prepared Local labourers are being employed for construction purposes. These labourers go back to their own houses in the evening after completing day’s work; Other anticipated benefits of the sub-projects, considering the socio-economic profile of the sub- project areas include: improve the quality of life for the rural population in the affected area; will develop better connectivity to the rural area by connecting through State and National Highways; will reduce the cost of transportation from local villages to market and bring savings in terms of travel time and transportation cost for all road users in general and for local population in particular.
21.1 Gaps identified and recommendations
49. As these sub-projects have been prepared by MPRDC as per its own funding requirement and not in anticipation to Bank’s operations, certain gaps have been identified in the mitigation measures administered to address current and potential impacts in respect of compliance requirements with IIFCL’s ESSF. These are stated below:
i. Impacts on Kiosk owners/Encroachment: Presently design measures have enabled avoidance of impacts on structures/kiosk owners in the ROW. However there were 27 kiosk owners across these subprojects and they have moved out of the area before the start of construction activities. And if any claim for assistance is made by these kiosk owners in future, then the developer shall provide them with a minimum amount as an assistance based on accurate assessment of impacts. For payment of such assistance, a lumpsum amount shall be earmarked in the Community Welfare budget. Further for impacts on encroachments (including residential structures) should be avoided where possible with careful design and also during construction stage. If unavoidable, payment commensurate to impacts should be made based on an accurate assessment of the impacts. In such cases provide owners: a) salvage material from demolished structures and b) to notify PAPs and give a time frame in which to remove their assets.
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ii. The project developer should provide IIFCL with a monthly update on the impact, if any, on these structures (kiosk and other residential structures) along with details on mitigation measures.
iii. Impacts on religious/ culturally sensitive properties: While it is noted that the developer has helped the communities to satisfactorily relocate the impacted religious such as small shrines, temples, statues, it is required that the process of such relocation be adequately documented.
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22. ACTION PLAN FOR SAFEGUARDS COMPLIANCE AND COMMUNITY WELFARE MEASURES
50. In light of the findings of the Due Diligence Report (SDDR) and subsequent discussions with the sub-project developer, an action plan has been proposed detailing the proposed community welfare measures as part of its CSR.
A. Community welfare measures
51. In addition to the above and to maintain long term relationship with the local community the developer proposes to carry out community welfare measures for villages en-route the project road. Some of these activities are identified as below:
Maintenance of approach road; Up gradation of community ground; Organizing health camps; Provision of dust-bins at required locations; Rain water harvesting in sites;
52. The budget earmarked by the Concessionaire for Community Welfare measures till the year 2020 is given in Table 8 and Table 9 for D P Jain Ujjain Road Projects Pvt. Ltd. & D P Jain Dariyapur Road Projects Pvt. Ltd. respectively. The budget includes a lumpsum amount of Rs. 1,55,000/- as Assistance (provisional sum) to road side small kiosk owners. The developer will seek to identify affected kiosk owners through consultations with the community in affected junctions and those who are identified, will need to show proof and this process will be completed within 3 months of Commercial Date of Operation (COD) or September 2014, whichever is earlier.
Table 8: Budget earmarked for community welfare measures for D P Jain Ujjain Road Projects Pvt. Ltd.
Sl. No. Activity Cost Estimate (in Rupees) Timeline for Completion
Community Action plan for Ujjain
1. Need based maintenance of the approach 60,000 March 2016 roads (2 yrs) in all the affected villages en- route the project road (Bolai, Badigaon, Mortakewdi, Pagrawatkala, Polaikala, Badodiya)
2. Up-gradation of Community ground in the 15,000 March 2014 affected villages after consultation with the
Gram Panchayat
3. Annual Health camps for 3 years in Bolai, 75,000 Till 2016 Badigaon, Mortakewdi, Pagrawatkala, Polaikala, Badodiya villages as and when required depending on need.
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4. Provision of Dust-bins at required locations 10,000 March 2014 along the road and the villages after consultation with the Gram Panchayat
5. Rain water harvesting Facilities in Bolai, 50,000 March 2014 Badigaon, Mortakewdi, Pagrawatkala, Polaikala, Badodiya villages on need basis
(A) Sub Total 2,10,000
6. Assistance (provisional sum) to road side 80,000 One time assistance small kiosk owners
(B) Sub Total 80,000
Grand Total (A+B) 2,90,000 Source: Information received from Concessionaire. Table 9: Budget earmarked for community welfare measures for D P Jain Dariyapur Road Projects Pvt. Ltd.
Sl. No. Activity Cost Estimate (in Rupees) Timeline for Completion
Community Action plan for Daryapur
1. Need based maintenance of the approach 60,000 March 2016 roads (2 yrs) in the affected villages en- route the project road (Dariyapur, Sirlay, Londhi B, SorthiBarul, Rajana, Khedihat, Katkut, Ashapur)
2. Up-gradation of Community ground in 30,000 March 2014 affected villages after consultation with the
Gram Panchayat
3. Annual Health camps for 3 years in 75,000 Till 2016 Dariyapur, Sirlay, Londhi B, SorthiBarul,
Rajana, Khedihat, Katkut, Ashapur villages as per requirement
4. Provision of Dust-bins at required locations 10,000 March 2014 in along the road and the villages after
consultation with the Gram Panchayat
5. Rain water harvesting Facilities in 50,000 March 2014 Dariyapur, Sirlay, Londhi B, SorthiBarul,
Rajana, Khedihat, Katkut, Ashapur villages depending on necessity
6. Pond for water conservation and plantation 30,000 April 2015
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around the pond in Ashapur khalwa site
(A) Sub Total 2,55,000
7. Assistance (provisional sum) to road side 75,000 One time assistance small kiosk owners
(B) Sub Total 75,000
Grand Total (A+B) 3,30,000 Source: Information received from Concessionaire
23. DISCLOSURE AND MONITORING OF ACTION PLAN:
53. The final ESDDR report will be accepted and approved by the project developer and endorsed by IIFCL after getting the No Objection Certificate (NOC) from the World Bank. After approval, the report will be uploaded for public disclosure in IIFCL’s official website as well as Project developer’s website. A translated version of the mitigation measures and action plan will be made available to the affected people.
54. DPJ Ujjain and DPJ Dariyapur will submit half yearly progress reports to IIFCL on all activities listed in the community welfare activities, including expenditure reports. IIFCL shall review these reports. In addition, IIFCL will visit the project site in April 2014 for a status update on the community welfare activities proposed and thereafter every six months to
monitor all activities, carry out checks; and
review compliance of community development activities undertaken by the developer as mentioned above
55. Based on this IIFCL shall prepare a Monitoring report including site observations and other details for submission to the Bank.
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Appendix-I
Environmental Management Scheme
Appendix-II
Permission for construction near Forest Area
Appendix-III 41-
Permission/ Consent/ Clearance Letters
Appendix-IV
Blasting Licenses
Appendix-V
NOC from Gram Panchayat, DPJ Dariyapur
Appendix-VI
Tree Felling Permissions, Ashapur
Appendix-VII
RoW hand over letter from MPRDC DPJ Ujjain
Appendix-VIII
RoW hand over letter from MPRDC DPJ Dariyapur
Appendix-IX
The Minutes of Discussion with Communities
Appendix-X
Labour Licence