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Project Administration Manual

Project Number: 37559-043 MFF Number: 0002 Loan Number: L540-PAK (Tranche 2)

November 2014

Islamic Republic of : National Highway Development Sector Investment Program

Project Administration Manual Purpose and Process

The project administration manual (PAM) describes the essential administrative and management requirements to implement the project on time, within budget, and in accordance with Government and Asian Development Bank (ADB) policies and procedures.

National Highway Authority (NHA) is wholly responsible for the implementation of ADB financed transport sector projects and specifically the National Highway Development Sector Investment Program, as agreed jointly between Ministry of Finance (MOF) and ADB, and in accordance with Government’s and ADB’s policies and procedures. ADB staff is responsible to support implementation including compliance by NHA of their obligations and responsibilities for project implementation in accordance with ADB’s policies and procedures.

At Loan Negotiations, the recipient and ADB have agreed to the PAM and ensure consistency with the loan project agreements. Such agreement has been reflected in the minutes of the Loan Negotiations. In the event of any discrepancy or contradiction between the PAM on one hand, and the loan and project agreements on the other hand, the provisions of the loan and project agreements shall prevail.

After ADB Board approval of the investment program's report and recommendations of the President (RRP), changes in implementation arrangements are subject to agreement and approval pursuant to relevant Government and ADB administrative procedures (including the Project Administration Instructions) and upon such approval they will be subsequently incorporated in the PAM.

Contents Main Text 1 I. Introduction 1 II. Purpose 1 III. Key Persons Involved in the Project 2 IV. Processing History 3 Project Definition 4 I. Sponsors, Stakeholders and External Agencies 4 II. MFF Impact and Outcomes – Tranche 2 4 III. MFF Tranche 2 Outputs 4 Project Management 5 I. Project Organization Structure 5 II. Roles and Responsibilities 7 Safeguards Plan 9 I. Environment 9 II. Involuntary Resettlement 16 III. Indigenous People 16 IV. Other Safeguards 22 Financing Plan 23 I. ADB Financing, Fund Flow and Disbursement Arrangements 23 II. Allocation Table 24 III. Government Financing and Fund Flow 25 IV. Other Financiers Investment (Cost) Plan 26 I. Detailed Cost Estimate 26 II. Forecast of Cost to Complete 26 Procurement Plan 27 I. Procurement Plan and Thresholds 27 II. Detail Contract Packages 28 III. Advance Action 29 Implementation Plan 29 I. Responsibility Allocation by Activity 29 II. Monitoring and Evaluation Report 29 Performance Monitoring and Evaluation 30 I. Monitoring and Evaluation Report 30 Major Covenants I. Legal Covenants II. Financial Covenants III. Safeguards Covenants

Appendixes 32 • Implementation Gantt Charts for Tranche 2 projects • LARP for Sukkur Jacobabab • External Monitoring Agency Report Outline

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Main Text

I. Introduction

1. This Project Administration Memorandum (PAM) describes the project management and implementation arrangements for Tranche 2 of the National Highway Development Sector Investment Program (NHDSIP).

2. The Periodic Financing Request (PFR) for Tranche 2 was approved on 26 August 2009. The PFR consists of a single loan for $230 million from Ordinary Capital Resources.

3. The loan and the project agreements were signed on 2 September 2009 and the Loan became effective on 21 September 2009.

II. Purpose

4. The PAM contains project data and information that allows the Borrower, executing agency (EA), implementing agency, and ADB to monitor the project implementation and evaluate the project’s outputs and outcomes.

5. The PAM includes the following:

• Major aspects of project implementation; • Roles and responsibilities of the EA, implementing agency, consultants, and ADB for the various actions required for satisfactory project implementation; • Design and monitoring framework, including subsequent revisions that confirm the impact, outcome, outputs, activities, inputs, performance targets and indicators, assumptions, and risks; • Framework and checklist for monitoring progress to allow remedial actions and midstream modifications to meet project objectives; • Format and instructions for the EA and implementing agency to periodically update the project performance report in its current revised format; and • References to ADB’s Anticorruption Policy, indicating how ADB may be contacted about allegations of corruption and fraud.

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III. Key Persons Involved in the Project

A. ADB Staff

Name Position/Office Contact Xiaohong Yang Director Tel. No. +63-2 632 6765 Transport and Communications Division Fax No. -63-2 636 2428 Central and West Asia Regional Email: [email protected] Department Werner Liepach Country Director Tel. No. +92 51 282 5011 ADB’s Pakistan Resident Mission Fax No. -92 51282 3324 Email: [email protected] Dong-Soo Pyo Lead Transport Specialist Tel. No. +63-2 632 6807 Transport and Communications Division Fax No. +63-2 636 2428 Central and West Asia Regional Email: [email protected] Department Jiangbo Ning Senior Transport Specialist Tel. No. +92 51 282 5011 ADB Pakistan Resident Mission Fax No. +92 51282 3324 Email: [email protected] Zaigham Aqbar Project Officer (Transport) Tel. No. +92 51 282 5011 Naqvi Fax No. +92 51282 3324 Email: [email protected] Carmelina R. Project Analyst Tel. No. +63-2 632 4444 Tabernilla Fax No. -63-2 636 2428 Email: [email protected]

B. Executing Agency

Name Position/Office Contact Mr. Shahid Ashraf Tarar Chairman, National Tel. No. +92-15-9260717 Highway Authority of Fax No. +92-51-9260404 Pakistan (NHA) Email: TBA Mr. Raja Nowsherwan Member (Planning) Tel. No. 092-015-8351702 Fax No. +92-51-9260418 Email: TBA Mr. Imran Khan Yusafzai General Manager (ADB Tel. No. 092-051-9266722 Projects) Fax No. +92-51-9261139 E-mail: [email protected] Brig. Laiq Ali Khan (Retd.) Chief Coordinator (Aided Projects) [email protected] Member Engineer Coordinator Mr. Mukhtar Ahmad Durrani General Manager (P&CA) Tel. No. 092-051-8351727 Fax No. +92-51-926041 Email: [email protected] Mr. Ejaz Jaffar General Manager EALS Tel. No. 092-051-8351506 3

Name Position/Office Contact Fax No. 092-051-9261139 Email: [email protected] Maj. Naseem Afzal Baz Director (Design) Tel. No. 092-051-8351911 Fax No. 092-051-9260106 E-mail: TBA Mrs. Aamera Riaz Deputy Director (EALS) Tel. No. 092-0518351507 Fax No. 092-051-9261139 E-mail: Mr. Sarmad Saud Deputy Director (P&CA) Tel. No. 092-051-8351719 Fax +92-51-9260419 E-mail: TBA

IV. Processing History

Event Date 1. Concept Clearance 2005 2. Fact-finding Mission 19 May to 06 Jun 2005 3. Management Review Meeting 4. SIEE/SWIA Circulation 30 June 2005 5. Appraisal Mission 25 Jul to 12 Aug 2005 6. Staff Review Committee Meeting 7. Loan Negotiations (MFF & Project1) 8. Board Approval 13 Dec 2005 9. Signing of Framework Financing Agreement (FFA) 29 Oct 2005 10. Loan and Project Agreements signing for Project 1 14 Jun 2006 11. Last Date to submit remaining PFR 31 Dec 2011 12. Loan Effectivity Date for Project 1 27 Jul 2006 13. Estimated Project 1 Completion Date 30 Jun 2010 14. Loan Closing Date for Project 1 31 Dec 2010 15. Periodic Financing Request 2 submission 26 Mar 2009 16. VP Approval for Loan Negotiations 7Aug 2009 17. President's Approval 26 Aug 2009 18. Loan and Project Agreements signing for Project 2 2 Sep 2009 19. Loan Effectivity Date for Project 2 21 Sep 2009 20. Estimated Project 2 Completion Date 31 Dec 2013; 31 Dec 2013 21. Loan Closing Date for Project 2 31 Dec 2014 4

Project Definition

I. Sponsors, Stakeholders, and External Agencies

(i) Sponsors: • Ministry of Finance, Economic Affairs Division, Islamic Republic of Pakistan • National Highway Authority

(ii) Stakeholders: • National Highway Authority • Affected persons (i.e., those directly affected by the construction of the road through land acquisition, resettlement or business disruption)

(iii) External Agencies • Ministry of Communications • Ministry of Economic Affairs and Statistics • Ministry of Planning • Board of Revenue • Provincial Environmental Agency

II. MFF Impact and Outcomes – Tranche 2

6. Impact: Improved economic growth along with increased median per capita income around project area, as a result of reduced transportation cost.

7. Outcome: Efficiency gain for road users along N50 and N65, with an increased in the average freight traffic speed by 50% from 25 km/hr, reduced freight operating cost by 15% from Rs 17.25/km and reduction of passenger vehicle operating cost by 10% from Rs 14.10/km.

III. MFF Tranche 2 Outputs

8. Tranche 2 output – Improved national highway network infrastructure and improved road operations and maintenance system:

(i) 225 km of roads along N50 & N65 by 31 December 2013.

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Project Management

I. Project Organization Structure

(a) Project Organization Structure

National Highway Authority Executive Board

Investment Program Coordinating Committee (IPCC)

• Chairman, NHA • Member Finance • Member Planning • Member Construction • Member Operations • Member Aided Projects

Investment Program Management Office Policy Formulation and Coordination Office NHA Aided Projects NHA Member (Planning)

• General Manager (ADB-NHDSIP)

• • Sr. Transport / Institutional Expert (Team General Manager (Planning) Leader) • Principal Coordination Officer • Road Safety Expert • GM (Design) • • PPP Financial / Legal Expert GM (Environment & Lands) • GM (P&CA) • Transport Economist

• Financial and Accounting Systems Expert • • HRD Expert Resettlement Specialist

• Environmental Specialist • Contract Specialist

ADB = Asian Development Bank, GM = General Manager, HRD = Human Resources Development, NHA = National Highway Authority, NHDSIP = National Highway Development Sector Investment Program, P&CA = Procurement and Contract Administration, PPP = public private partnership.

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(b) Project Management Office (PMO) – Organization Chart

Project Management Office General Manager (ADB-NHDSIP)

Sample Subproject Subproject s s (Batch 2) (Batch 1)

PIU PIU PIU PIU PIU N-25 N-70 N-50 Muslim N-50 N-65 Hub–Uthal – Bahgh - Zhob Qila Saifullah – Zhob Sukkur–Jacobabad

Muzaffargarh Project Director Project Project Project Project Director Director Director Director

Construction Construction Construction Construction Construction Supervision Supervision Supervision Supervision Supervision Consultant and Consultant Consultant Consultant Consultant LARU

Civil Works Civil Works Civil Works Civil Works Civil Works Contractor Contractor Contractor Contractor Contractor

7 Project Management

II. Roles and Responsibilities

9. The roles are responsibilities of the (a) Investment Project Coordinating Committee, (b) Program Management Office, (c) Project Management Office, and (d) Project Implementation Unit are outlined below.

(i) Strategic and Management Level

Investment Project Key Roles Coordinating Committee PCC comprises NHA Chairman • Provide strategic guidance on the overall and NHA Members (Planning, implementation and performance of the project Operations, Construction, (Investment and Institutional Strengthening) Finance, and Aided Projects) • Prompt resolution of issues and conflicts

(ii) Operational Level

{This section should include details of the different state agencies and other stakeholders with whom the PMO will coordinate with for implementing land acquisition and resettlement activities. For each agency it should be noted whether their role is plainly representative or instead entails independent executive functions requiring intensive coordination. }

Program Management Office Key Roles • General Manager (ADB • Oversee all activities for the program, including Projects) preparing projects, monitoring implementation of projects, and reporting. • Design and implement Program/Project Performance Monitoring System. • General Manager (Design) • Provide detailed design and cost estimates • Prepare feasibility study for subsequent projects • Coordinate closely with GM EALS to assist with LARP preparation and implementation. • General Manager (Planning) • Process PC-I • Assess and decide subprojects to be included in subsequent tranches • Ensure the preparation of projects and selection according to the laid down criteria of ADB • General Manager • Preparation of PQ/ EOI documents (Procurement and Contract • Preparation of bidding documents Administration) • Preparation of RFP and short listing • Undertake bidding • Evaluation of bids in accordance with ADB guidelines and submission of Bid Evaluation report to ADB fro approval • Contract administration

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Program Management Office Key Roles • General Manager (Budget & • Secure counterpart funds Account) • Process withdrawal applications • General Manager (Finance) • Submission of Financial Audit Report by first quarter of the subsequent year • General Manager • Prepare social and environmental safeguard (Environment, Afforestation, documents Land and Social) • Implement social and environmental safeguard action through LARU in PMO and PIU and relevant environment unit Plan at the project sites • Ensure compliance to loan covenants for social Safeguard • General Manager • Oversee physical implementation (Construction) • Assess contract variations and escalation cost claims Project Management Office (PMO) General Manager (ADB • Execute the program. Projects) • Set up management information system • Conduct project appraisal for subsequent tranches and consolidate appraisal reports • Submit reports as required by ADB. • Regularly monitor overall progress and compliance with conditions of the FFA and individual loan and project agreements.

Principal Coordination Officer • Assist GM (ADB Project) execute the program (ADB Projects) • Liaison with various offices within NHA • Coordination with EALS and PIU for land acquisition and resettlement Project Implementation Unit (PIU) Project Director • Execute the project under its responsibility • Report to PMO the implementation progress and issues • Day-to-day implementation of the land acquisition and resettlement through PIU LARU

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Safeguards Plan

I. Environment

10. The Environmental Management Plan (EMP) for Tranche 1 is completed, and has been cleared and approved by both ADB and EPA and the same plan applies to Tranche 2.

11. NHA, EALS will have to carry out the Cumulative Impact Assessment, and ensure the EMP is implemented during project implementation – construction phase of Tranche 2 projects.

12. The contents below describes the Environmental safeguards related procedures relevant to all tranches and related subprojects of this MFF: (a) Environmental selection criteria; (b) Environmental assessment requirement; (c) Review and assessment responsibilities of NHA and ADB; (d) Due diligence responsibilities of NHA; (e) Public disclosure responsibilities of NHA; and (f) Staffing requirements and budget responsibilities of NHA.

a. Environmental Selection Criteria

13. Criteria for selection of projects:

(i) The projects shall only be selected from NHA’s priority roads as part of the project.

(ii) The projects shall only involve activities that follow all government regulations.

(iii) The subproject should not involve activities located in or near the core zone or, as much as possible, the buffer zone of designated wild-life sanctuaries, national parks, and other protected areas.

(iv) The subproject should as much as possible not involve activities located in or near area that is ecologically sensitive and significant as recognized by the Government or any area that is internationally significant (such as protected wetland designated by the Wetland Convention).

(v) The subproject should as much as possible not include any stretch that passes through any cultural heritage designated by the Government or by international agencies such as UNESCO. b. Environmental Assessment Requirement

14. Environmental classification:

(i) Subprojects will be categorized environmentally depending on the potential impacts of each subproject. Using ADB’s Rapid Environmental Assessment form, they will be screened and categorized initially, and be confirmed by ADB internal review in consultation with NHA.

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(ii) For category A subprojects, full EIAs including EMPs with detailed mitigation measures and monitoring program, will be required for: projects that anticipate significant adverse environmental impacts; or

(iii) Road upgrade and rehabilitation subprojects that do not fall under the above classification may be categorized as B or B-Sensitive. Subprojects categorized as such will require IEEs including an EMP with the mitigation measures that can be easily identified, implemented, and managed, to be integrated into project implementation and operation.

(iv) Potential cumulative impacts in the subproject’s area of influence and the associated facilities’ impacts will be assessed as necessary.

c. Review and Assessment Responsibilities and Authorities

15. Responsibilities of NHA:

(i) Prepare an environmental screening checklist and classify the subprojects. (ii) Based on the environmental classification of the subprojects, prepare the terms of reference to conduct an IEE or EIA study. (iii) Hire an environmental consultant to prepare an IEE or EIA report, including an EMP, and SEIA for public disclosure. (iv) Undertake an initial review of the IEE and summary IEE or EIA and SEIA. (v) Submit the IEE or EIA report and the review form to ADB as part of the approval of subproject. (vi) Obtain Government permits (such as environmental clearance, Non- Objection Certificate (NOC), forest clearance, and water board clearance). (vii) Ensure that all regulatory clearances are obtained before starting civil works for the subproject. (viii) Submit to ADB all the required clearances/certificates obtained from the relevant Government authorities. (ix) Ensure that the required mitigation measures during construction are included in the bidding document. (x) Ensure that contractors have access to the EIA or IEE and EMP report of the subproject. (xi) Ensure that an environmental management plan, including all proposed mitigation measures and monitoring programs, are properly implemented. (xii) Monitor the implementation of environmental management plan and present it in the environmental monitoring report. (xiii) In case unpredicted environmental impacts occur during project implementation, provide and implement an environmental emergency program. (xiv) In case a subproject needs to have its alignment changed or its environmental classification reconfirmed, review it to determine whether a supplementary IEE or EIA study is required. If it is required, prepare the terms of reference for undertaking a supplementary IEE or EIA and hire an environment consultant to carry out the study. (xv) Submit the semiannual report on social and environmental compliance and implementing the Environmental Management Plan (EMP), including implementation of an environmental emergency response program for 11 spills of hazardous materials or chemical, as relevant, to the Pakistan EPA and to ADB (xvi) Ensure that adequate public consultation be undertaken with affected groups and local NGOs

16. Responsibilities of ADB

(i) Review the IEE or EIA report as a basis for the subproject’s approval. (ii) Publicly disclose the SIEE and SEIA via ADB websites (iii) Monitor the implementation of the EMP and due diligence as part of overall project review mission. (iv) Provide assistance to NHA, if required, in carrying out its responsibilities and safeguard capacity building. (v) Facilitate the required consultations with project affected groups and local NGOs, and to ensure that the borrower or project sponsor provides relevant information on the project’s environmental issues in a form and language(s) accessible to those being consulted

d. Due Diligence

17. Responsibilities of NHA

(i) Provide access to ADB for it to undertake environmental due diligence for all subprojects. Undertake environmental due diligence and monitoring the implementation of environmental mitigation measures for all subprojects. (ii) Document the due diligence report as well as monitoring reports on implementation of the environmental management plan and make them accessible by the public.

e. Public Disclosure

18. Responsibilities of NHA

(i) Ensure that all environmental assessment documentation, including the environmental due diligence and monitoring reports, are properly and systematically kept as part of an NHA project-specific record. (ii) Make available all environmental documents to public. (iii) For category-A and B-sensitive subprojects, the SEIA/SIEE will be disclosed to the public through ADB’s websites 120 days before civil works start. (iv) Submit the SEIA/SIEE to ADB for review by ADB before it is disclosed to the public (v) Ensure that public consultations, particularly with project affected persons, are undertaken adequately during the IEE/EIA preparation process for the future subprojects.

12 f. Environmental management requirements for projects implemented under and ADB Multi-tranche Financing Facility

Environmental Project Implementation Conditions Required to Management Activities Complete Actions Actions Tranche 1 Sub Projects

Pre-construction Project becomes commences effective

Environmental recording Budget, facilities and staff PIU established with for ESU have been system established in ESU. Environment ESU. staff appointed to ESU provided according to Loan Agreement

i). design and implement Prepare project baseline monitoring for baseline environmental conditions; environmental matrix unless this has been undertaken during the environmental assessment stage Appointment of Pre-construction: Supervision consultant i. ESU prepare Design Design; Incorporation Brief for consultant that of EMP requirements with necessary technical incorporates EMP Design capacity to address EMP requirements requirements ii. ESU check Design Brief meets EMP requirements i. ESU extract construction requirements from EMP Standard environmental and pass to Design & Tender documents conditions have been Supervision consultant for prepared prepared which are inclusion in Tender integrated into Tender documents documents ii. ESU review Tender documents and confirm that environmental management provisions Tenders evaluated Head of ESU to be a are sufficient and Contractor appointed member of the Bid ESU review environmental Evaluation Panel conditions of Bid and rank contractors on this ability

13 Environmental Project Implementation Conditions Required to Management Activities Complete Actions Actions i. Contractor appoints Environmental Manager. ESU review SEMP and ii. After award of contact EMS Contractor prepares Contractor has 30 days to Site EMP (SEMP) prepare SEMP/EMS. and EMS if required iii. ADB CWRD Guidance notes on preparing SEMP available

Contractor cannot take ESU verifies compliance Contractor inducted to possession of construction of Contractor with SEMP site by ESU site until (i) SEMP/EMS at site meeting has been approved and (ii) induction is completed satisfactorily

ESU inform PE that Contractor approved to Contractor is now cleared start work to start work

Pre-construction completed

Construction Contractor begins work. commences

Environmental Contractor complies with i. PE with assistance of monitoring undertaken SEMP requirements for ESU monitors contractor’s and reports prepared. implementing and I. By Contractor: Monthly SSEMP compliance environmental report monitoring work on-site activities. sent to PIU ii. ESU audits construction ii. By ESU: Quarterly i. ADB CWRD Guidance activities environmental report to notes on preparing iii. ESU evaluates ADB and country monitoring reports environmental agency monitoring program available

Construction i. Project works completed Construction completed completed and project in accordance with the commissioned SEMP and all sites satisfactorily rehabilitated and restored. ii. ESU review and sign-off

14 Environmental Project Implementation Conditions Required to Management Activities Complete Actions Actions on completed work iii. Final environmental monitoring report prepared ii. Payments may be withheld if sites not cleared and closed to meet SEMP specifications.

Note: Work on sub-projects for subsequent tranches is likely to begin during implementation of Tranche 1 sub-projects

Sub Projects for subsequent tranches Potential sub- projects for new Sub-projects assessed tranche identified against the selection criteria set out in the environmental assessment and review framework

i). Environmental Preliminary Design classification completed. undertaken for sub- projects Categorization forms sent to ADB regional Department and local Environment Authority for confirmation. ii). ESU prepare TOR for environmental assessment requirements iii).Consultant appointed to prepare the necessary environmental assessment documents Project Financing Environmental request submitted Assessment documents to to ADB accompany PFR Documents to be reviewed by ADB RSES Dept. Sub-projects in new tranche approved

Prepare project baseline environmental matrix 15 Environmental Project Implementation Conditions Required to Management Activities Complete Actions Actions

i). design and implement baseline monitoring for environmental conditions; Pre-construction: unless this has been Design; Incorporation undertaken during the of EMP requirements environmental assessment stage

i. ESU prepare Design Brief for D&S consultant that incorporates EMP Design requirements Tender documents ii. ESU check Design Brief prepared meets EMP requirements

i. ESU extract construction Tenders evaluated requirements from EMP and Contractor and pass to D&S appointed consultant for inclusion in Tender documents ii. ESU review Tender documents and confirm that environmental management provisions Contractor prepares are sufficient Site EMP (SEMP) and EMS if required ESU review environmental conditions of Bid and rank contractors on this ability

Contractor ESU review SEMP and inducted to site EMS by ESU

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Safeguards Plan

II. Involuntary Resettlement

19. The contents below describes the Involuntary Resettlement safeguards related procedures as approved relevant to all tranches of this MFF and related subprojects: (a) Institutional arrangements; (b) Responsibilities of relevant agencies; (c) Land Acquisition and Resettlement (LAR) Implementation; (d) Monitoring and evaluation; (e) Grievance Redress; and (f) Budget .

a. Institutional Arrangements

Environmental Protection Ag.

LAR STEERING COMMITTE

LOCAL GOVERNMENT NHA

Board of revenue Other Departments Land compensation PMU District Nazim District Coordination Office (DCO) District Departments - Land Acquisition Collector (LAC) Agriculture, Construction, Forestry PIU - Local land records keepers: (Quanungo, Girdawer, Ppatwaris) Thesil Nazim

Other Compensation LAR COORDINATION COMMITTE Union Councils

Complaints and Grievances Administrative Function

Coordination function

APs Finance Direction

20. Key actions:

(i) The Board of Revenue is to assign a Land Acquisition Collector (LAC) to the PMO – at district level.

(ii) NHA and relevant agencies are to establish two committees at Provinces and Districts to coordinate LAR preparation and implementation. 17

(iii) LAR Steering Committee (LSC) – at provincial level

• Member: high-level representatives of: NHA Management; the Planning and Development Department (PDD); the Board of Revenue; Relevant Provincial departments; and the Environmental Protection Agency (EPA).

• Function: to ensure the timely formation of effective district-level LAR Coordination Committees (LCC) and that all relevant agencies involved in LAR and compensation and rehabilitation are fully informed of the LARF.

• Mode of conduct: periodic meeting to ensure that NHA/PMO, the consultants, the LACs, other district agencies and the office of the relevant Nazims and work together in the preparation of the LARPs and in the execution of AP consultation.

(iv) A LAR Coordination Committee (LCC) – at each district

• Member: representatives of the PIU, of the DRO/LAC, of other concerned district departments, of the Nazim’s Office, and of the local Union Council/s.

• Function: (i) ensuring that LARP preparation and implementation is carried out as one shared task by all involved parties, (ii) providing a coordinating node for the preparation/implementation of LARPs (surveys execution, assets valuation, AP consultation, and local approval of LARP provisions), (iii) providing a forum where NHA, local government agencies and the APs can confront their views on various LAR-related matters, and (iv) facilitating complaints and grievances.

(v) NHA and relevant agencies are to establish a Grievance Redress Committee (GRC) – at each district.

• Member: Representatives of the Board of Revenue or the assigned Land Acquisition Collector; NHA; and affectees’ representatives

• Function: To review, consider and make recommendations on concerns or complaints raised by affectees about any aspect of land acquisition, compensation or resettlement.

b. Responsibilities of Relevant Agencies

21. Responsibilities of NHA:

(i) Coordinate, prepare, implement, and finance all LAR tasks through the PMO and PIUs. (ii) Set up under the PMO, a Land Acquisition and Resettlement Unit (LARU), which will organize and internally monitor LARP preparation/implementation (including surveys, asset valuation, and

18 community consultation), cross-agency/inter-departmental coordination, and LARP approval.

(iii) LARU will be assisted by:

(a) Resettlement Specialists team to be hired under the Consultants contract. They will assist in LAR planning/implementation, internal M&E, and training of NHA and districts on impact assessment and ADB resettlement policy requirements. Local NGOs will be hired to provide on-site LARP preparation assistance for surveys, information gathering, AP consultation and LARP implementation. (b) An independent agency will be hired to conduct periodic monitoring and evaluation/ 3rd party validation of implementation of the LARP activities.

22. Responsibilities of District Governments: (i) Undertake land compensation through Provincial Boards of Revenue represented at District level by the District Coordination Officer (DCO)/Land Acquisition Collector (LAC) and District Revenue Office (DRO). (ii) Identification and verification of land titles and ownership by the Revenue Department, most notably Quanogo and Patwari, (iii) Compensation of assets different from land by Provincial line-agencies and their District level offices. Buildings compensation pertains to the Communication & Works Department (C&WD), Crops and productive trees compensation pertains to the Department of Agriculture and the compensation for wood trees losses pertains to the Department of Forestry. (iv) The Office of the Nazim (the elected District head) is expected to play a coordinating role and will represent the rights of the local citizens.

23. Responsibilities of ADB: (i) Approval of LARPs will be provided by ADB's Principal Safeguards Specialist at ADB’s Pakistan Resident Mission.

24. Responsibilities of Other Agencies: (i) The concerned Provincial Environmental Protection Agency (EPA) may also approve the LARF and the LARPs, as part of its Environmental Impact Assessment (EIA), for the Government of Pakistan.

c. LARP Implementation

25. The table below outlines the required actions and responsible party under LAR implementation.

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LARP PREPARATION 1 Proposal to Revenue Department with Brief EA Description of subproject including LAR. 2 Convene the LAR Steering Committee (LSC) at EA 3 provincial level LSC 4 Convene the LAR Coordination Committee (LCC) in EA/Loc. Gov 5 each district LSC 6 Convene the Grievance Redress Committee and EA process Convene the Affected Persons and Citizens Liaison Committee Establish LARU capacity at PMU and PIUs.

7 Publication of Notice expressing the intent to Acquire Revenue Department Land under Section 4 of LAA.

8 Prepare impacts/AP surveys forms, train impact LARU/Consultants assessment and valuation teams, and establish coordination with relevant local government 9 agencies. Inform APs of the details of the Grievance Redress process.

10 Land record verification, cadastral maps update and Loc. Gov; LARU/PIU/consultants impacts/valuation surveys; 11 Check surveys and, if necessary, request additional LARU/PIU/consultants fieldwork to improve them. 12 Conduct public consultations and negotiations on all LARU/PIU/Loc.Gov./consultants/NGO entitlements including market price for all categories of loss. 13 Integrate impacts base-line and results of LARU/PIU/consultants consultations/negotiations into the draft LARP. 14 Submission of draft LARP to PMO, local LARU/PIU/Loc. Gov/ EPA//MOE/ADB governments and then to the Ministry of Environment (MOE) for approval. After this the draft LARP is disclosed to APs prior to being sent to ADB for review and approval. 15 LARP disclosure: Distribution of draft LARP and LARU/PIU/Loc.Gov./ADB information pamphlets, both in Urdu, in the affected communities; posting of draft LARP in English on the ADB website. Distribution of final LARP in Urdu in the affected communities; posting of final LARP in English on the ADB website. 16 Revisions and updates of the LARP based on final LARU/PIU/Loc.Gov./ADB/ design (if necessary) consultants 17 Second LARP disclosure as above and if necessary. LARU/PIU/Loc.Gov./ADB

18 Independent confirmation of satisfactory disclosure NHA before approval of civil works contract awards. 19 Approval of contract awards. ADB

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LARP IMPLEMENTATION 1 Set up internal monitoring and reporting system in each PIU. PMO, PIU 2 Appoint an independent monitoring expert prior to commencement of land acquisition and resettlement activities. Commence regular monitoring. PMOEMA 3 Continue consultation and grievance redress LARU,PIU,GRC,ACL 4 Award of compensation under s.11 of LAA C 5 Distribution of Relocation Notices to APs LAC/Loc.Gov PMO/ LARU, PIU 6 Award of Checks for Land Compensation PMO/LARU/LAC/AP 7 Award of Checks for other Compensation & Assistance/ Rehabilitation PMO/LARU/PIU/AP 8 Demolishing/ Relocation of Affected Structures/Assets LARU, PIU,NGO 9 Review of LARP Implementation and independent confirmation to ADB PMO/LARU/EMA/AD that the LARP has been fully implemented. B/ 10 If LARP Implementation found satisfactory, notice to proceed for civil ADB/PMO works is issued

d. Monitoring and Evaluation

1. Internal Monitoring

26. Internal monitoring will be carried out by the PIU/LARU with the Supervision Consultant assistance and progress reports will be prepared monthly and consolidated in the quarterly supervision reports for ADB. The report should include information on: (i) Information campaign and consultation with APs; (ii) Status of land acquisition and payments on land compensation; (iii) Compensation for affected structures and other assets; (iv) Consultation and grievance (v) Relocation of APs; (vi) Payments for loss of income; (vii) Selection and distribution of replacement land areas; (viii) Income restoration activities; (ix) Progress of liaison with construction contractor for employment opportunities for APs; and (x) Status of implementation of grievance procedures

2. External Monitoring 27. External monitoring will be assigned to an External Monitoring Agency (EMA) hired by NHA and approved by ADB among local consultants or NGOs. ADB has prepared the EMA terms of reference. External monitoring (EM) will be carried out four times a year and presented in semi-annual reports during resettlement implementation; and annual evaluation reports for at least 2 years or until resettlement has been declared successfully completed; reports to be submitted by EMA directly to ADB and NHA. The EMA should assess the extent to which the LARP is being followed and objectives being met and the reports should include information on the following key indicators:

(i) Institutional arrangements and their adequacy; (ii) Adequacy of the management information system; (iii) Payment of compensation, adequacy of budget and timeliness of payment; (iv) Land and other assets inventory, updating of revenue records and record keeping; 21 (v) Consultation and information dissemination; (vi) Delivery of entitlements, relevance and adequacy; (vii) Preparation and adequacy of relocation arrangements; (viii) House reconstruction; (ix) Provision of employment, its adequacy, and income levels; (x) Gender impacts; (xi) Rehabilitation of vulnerable groups; (xii) Infrastructure repair, relocation, or replacement; (xiii) Enterprise relocation, compensation and its adequacy; (xiv) Transition allowances; and (xv) Effectiveness of the grievance procedures.

e. Grievance Redress Mechanism

NHA Deputy Director Site Office will nominate one Assistant Director as the member-secretary of the GRC and shall act as the Project’s Grievance Officer. He will review the case on merit and address the problem in accordance with the standing rules/procedures applicable to such grievances. In the event that the Project Grievance Officer is unable to reach an agreement on asset valuation and compensation with the affected household/business, such cases will be referred to GRC. Further negotiations regarding compensation will be based on the recommendations of the GRC. GRC will meet at least once every fortnight to review and consider the cases on merit and take a decision. The GRC will deliver its decision within two weeks of registration of the case. If no understanding or amicable solution can be reached, or if the affected person does not receive a response from the GRC within two weeks of the registry of the complaint, he/she can appeal to the Director NHA, through the site office, who should act on the complaint within two weeks of the day of its filing. If the affected person(s) is not satisfied with the decision of the Director, then the difference will be settled through arbitration. The arbitrator shall be appointed in such a manner as may be agreed upon between the affected person(s) and NHA. In case the grievance redress is not possible up to the arbitration level then it can be referred to higher authorities / relevant Government departments for its resolution. As a last resort he/she may submit the complaint to a court of law.

f. Budget and Financing

28. The provisions related to budget and financing are as follows:

(i) Finances for compensation, allowances, and administration of LARP preparation and implementation will be provided by the Government as counterpart funds. Allocations will be reviewed bi-annually based on budget requirements indicated in the LARPs.

(ii) The budget for land and crop compensation will be disbursed by NHA to the District Collector Office which in turn, through the LAC will disburse the compensation to the APs. For what concerns compensation funds for other items such as documented structures (houses, shops, etc.), house restoration, shops, employment, income loss, etc., the funds will go from NHA to the PMO which will disburse the funds to the APs with assistance from the PIU.

22 III. Other Safeguards

o Non-discrimination against gender during construction o HIV and Health awareness and protection against sexually transmitted diseases o Preserving suitable working condition and protecting child labor o Mitigating the risk of human trafficking 23 Financing Plan

I. ADB Financing, Fund Flow, and Disbursement Arrangements

29. ADB will finance $230 million out of a total of $269.7 million in tranche 2 as shown in the tabulation below. The loan will be sourced from ADB’s Ordinary Capital Resources.

Table 2: Financing Plan

Item Amount Share ($ million) (%)

Asian Development Bank 230.0 85 Government of Pakistan 39.7 15 Total 269.7 100

30. The fund flow will be as same as that in Tranche 1. Direct payments will be directly from ADB to the contractor, supplier or consultant. Imprest advances and replenishments will be as agreed between NHA and ADB.

31. The disbursement arrangements for Tranche 2 are as follows:

• All ADB disbursements should follow the procedures in ADB’s Loan Disbursement Handbook (2012, as amended from time to time). • Disbursements for large civil works contracts and consulting services will follow direct payment procedures. • NHA will setup an Imprest account at the National Bank of Pakistan for payments under Imprest Fund procedure. The initial advance to the Imprest account will be the lower of 6 months of estimated eligible expenditures or 10% of ADB’s loan amount. • NHA could use the Statement of Expenditure (SOE) procedures for liquidation of eligible expenditure under reimbursement procedure or imprest fund procedure, for individual payments under $100,000.

24 II. Detailed Cost Allocation

32. The allocation table is from the loan agreement schedule 3. It shows the cost categories, the allocated amount and the financing percentages applicable to each claim.

DETAILED COST ESTIMATES AND FINANCING PLAN FOR TRANCHE-2 ($'000s)

Item ADB Government Total Amount % Amount % I.KEY HIGHWAY INVESTMENT (OCR)

A. Investment Costs 1.Land acquisition and resettlement A. Sukkur-Jacobabad 1,747 0 0% 1,747 100% B. Qila Saifullah-Zhob 0 0 0% 0 0% 2.Civil Works 158,083 A. Sukkur-Jacobabad 92,204 74,685 81% 17,519 19% B. Qila Saifullah-Zhob 102,960 83,398 81% 19,562 19% 3.Constulting Services 1 4,977 A. Sukkur-Jacobabad 2,766 2,351 85% 415 15% B. Qila Saifulla-Zhob 3,089 2,625 85% 463 15% Sub-total Sub-total (A) 202,766 163,059 80% 39,706 20%

B. Incremental Administrative Cost2 3,903 3,903 100% 0 0%

C.Contingencies 1.Physical3 19,516 19,516 100% 0 0% 2.Price4 19,516 19,516 100% 0 0% Sub-total (C) 39,033 39,033 100% 0 0% Total before Financing Charge 245,702 205,995 84% 39,706 16% D.Financing Charges During Implementation5 24,005 24,005 100% 0 0 Total Project Costs 269,707 230,000 85% 39,706 15%

1. Construction supervision services are partially included under batch-1 which is closing on 31 December 2010. 2. Incremental Administrative Cost, including remuneration, travel allowance, PIU expenses, out of pocket expenses of the project staff and bank charges. 3. Physical Contingencies @10% of Civil Works 4. Price Contingencies @10% of Civil Works 5. 10% of Civil Works, Construction Services, Contingencies 1US$=Rs 82.967

25 III. Government Financing and Fund Flow

33. The diagram below shows the funds flow in the case of direct payments.

Borrower Asian Development Bank (Ministry of Finance)

Direct Payment

Counterpart Executing Agency Funds I. Contractors (National Highway II. Consultants Authority) III. Suppliers

Flow of Funds Lending Loan Repayment

26

Investment (Cost) Plan

I. Forecast of Cost to Complete

CA CA DISBURS Total 2009 2010 EMENTS DISBURSEMENTS DISBURSEMENTS Item Cost 2009 2010* 2011* Q4 Q1 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Land Acquisition 2 2 0 and Resettlement Civil Works Qila Saifullah - 103 103 9 3 6 Zhob 7 10 10 12 14 12 Sukkur - 92 85 11 3 Jacobabad 7 10 9 12 12 10 Construction 6 1 1 1 1 1 1 1 1 Supervision Incremental 4 admin cost Contingencies 39 Financing Charge 24 Total 269 103 0 15 15 10 15 21 20 25 27 23 All in USD millions * ADB component

27

Procurement Plan

PROCUREMENT PLAN

Basic Data Project Name: National Highway Development Sector Investment Program - Tranche 2 Project Number: 37559-043 Approval Number: 2540 Country: Pakistan Executing Agency: National Highway Authority Project Financing Amount: US$ 270,000,000 Implementing Agency: ADB Financing: US$ 230,000,000 N/A Cofinancing (ADB Administered): Non-ADB Financing: US$ 40,000,000 Date of First Procurement Plan: 26 August 2009 Date of this Procurement Plan: 12 April 2014

A. Methods, Thresholds, Review and 18-Month Procurement Plan

1. Procurement and Consulting Methods and Thresholds

Except as the Asian Development Bank (ADB) may otherwise agree, the following process thresholds shall apply to procurement of goods and works.

Procurement of Goods and Works Method Threshold Comments International Competitive Bidding for Works US$ 5,000,000 and Above Prior review National Competitive Bidding for Works Between US$ 100,000 and US$ 4,999,999 Prior review

Consulting Services Method Comments Consultant's Qualification Selection for Consulting Firm Prior review Fixed Budget Selection for Consulting Firm Prior review Least-Cost Selection for Consulting Firm Prior review Quality- and Cost-Based Selection for Consulting Firm Prior review >$1,000,000 by Full Technical Proposal

2. Goods and Works Contracts Estimated to Cost $1 Million or More

The following table lists goods and works contracts for which the procurement activity is either ongoing or expected to commence within the next 18 months.

Review Advertisement Package Estimated Procurement Bidding General Description (Prior/ Date Comments Number Value Method Procedure Post) (quarter/year) None

3. Consulting Services Contracts Estimated to Cost $100,000 or More

The following table lists consulting services contracts for which the recruitment activity is either ongoing or expected to commence within the next 18 months.

28

Review Advertisement Package Estimated Recruitment Type of General Description (Prior/ Date Comments Number Value Method Proposal Post) (quarter/year) None

4. Goods and Works Contracts Estimated to Cost Less than $1 Million and Consulting Services Contracts Less than $100,000 (Smaller Value Contracts)

The following table groups smaller-value goods, works and consulting services contracts for which the activity is either ongoing or expected to commence within the next 18 months.

Goods and Works Review Package General Estimated Number of Procurement Bidding Advertisement (Prior/ Comments Number Description Value Contracts Method Procedure Date (quarter/year) Post) None

Consulting Services Review Advertisement Package General Estimated Number of Recruitment Type of (Prior/ Date Comments Number Description Value Contracts Method Proposal Post) (quarter/year) None

B. Indicative List of Packages Required Under the Project

The following table provides an indicative list of goods, works and consulting services contracts over the life of the project, other than those mentioned in previous sections (i.e., those expected beyond the current period).

Goods and Works Estimated Estimated Package General Procurement Review Bidding Value Number of Comments Number Description Method (Prior/Post) Procedure (cumulative) Contracts None

Consulting Services Estimated Estimated Package General Recruitment Review Type of Value Number of Comments Number Description Method (Prior/Post) Proposal (cumulative) Contracts None

C. List of Awarded and On-going, and Completed Contracts

The following tables list the awarded and on-going contracts, and completed contracts.

1. Awarded and Ongoing Contracts

Goods and Works Date of ADB Advertisement Package General Estimated Contract Procurement Approval of Date Comments Number Description Value Value Method Contract (quarter/year) Award N-50 ICB- ICB-3B Quila 70,000,000.00 103,636,589.00 ICB Q2 / 2008 22-JUL-09 Contract signed on 3B Saifullah-Zhob 25-Feb-10 with N-50 Limak-ZKB-JV N-65 ICB-5 ICB-5 Sukkur- 66,300,000.00 83,427,496.00 ICB Q2 / 2009 30-AUG-10 Contract signed on Jacobababad N- 20-Oct-10 with 29

65 Limak-ZKB-JV

Consulting Services Date of ADB Advertisement Package General Estimated Contract Recruitment Approval of Date Comments Number Description Value Value Method Contract (quarter/year) Award CS-Qila Construction 2,700,000.00 2,698,468.00 QCBS Q1 / 2006 03-JUL-06 Contract signed on Saifullah- Supervision for 5-Nov-06 with Zh ICB-3B Qila Minconsult Int'l. Saifullah-Zhob Ltd. CS-Sukkur- Construction 3,500,000.00 4,120,550.00 QCBS Q1 / 2006 03-JUL-06 Contract signed on Jacobabad Supervision for 19-Oct-06 with ICB-4 Sukkur- Oriental Jacobabad Consultants

Advance Action

The procurement of the civil works contract commenced in parallel with the processing of PFR 2. Both civil works are to be awarded within three months of loan effectivity. The supervision consultants for both civil works packages are on board and have a ready team to commence construction activities.

Implementation Plan

I. Responsibility Allocation by Activity

Level 1 Level 2 Responsibility Reference Allocation 1. Start-up President Approval ADB PFR Report EAD, ADB loan and project Loans Signing agreements EAD, NHA, ADB Legal Opinion Loans Effectivity

2. Program Management Setup Program Coordinating NHA Confirmation from Committee NHA during Setup Program Management NHA Inception Mission Office in OCT 09 Setup Project Management NHA Unit Program implementation PMO/PIU

3. Safeguards Establish LAR Steering NHA, PCC Confirmation from Committee NHA during

30

Level 1 Level 2 Responsibility Reference Allocation NHA, PCC Inception Mission Confirm availability and in OCT 09 amount of funding required for land acquisition NHA Set up GRC and procedures NHA Appoint EMA Set up LARU under PMO PMO, PIU and strengthen PMU and PIU Compensation, resettlement, PMO/PIU/Consultant Quarterly Reports and rehabilitation Implementation of EMP Consultant, EA Quarterly Reports 5. Progress Review Monthly progress PMO, ADB Monthly reports Semi-annual Review PMO, ADB PMO, ADB Loan Annual Review Agreement/DMF PCC, PMO, ADB Mid Term Report Mid-term Review PMO, PIU, ADB Project Completion Project Completion Review Report

Performance Monitoring and Evaluation

I. Monitoring and Evaluation Report

The following reports should be provided to ADB by NHA during project implementation:

• Quarterly report containing (deadlines: 31 April, 31 July, 31 October, 31 January) • Physical progress • Procurement status and progress • Contract awards and disbursements • Status of payment to contractors and consultants • Environmental monitoring • Land acquisition and resettlement internal monitoring • Land acquisition and resettlement external monitoring (provided by EMA directly to ADB)

• Annual report (31 January of the subsequent year) • Physical progress • Procurement status and progress • Contract awards and disbursements • Status of payment to contractors and consultants 31

• Status of loan covenants • Status and availability of counterpart funding • Environmental monitoring • Land acquisition and resettlement internal monitoring • Land acquisition and resettlement external monitoring (provided by EMA directly to ADB)

• Midterm Review: 1-9 October 2013

• Project Completion Report (PCR): Government PCR: by 31 March 2015 ADB PCR: by Q1 2016

• Annual financial audit report (deadline: six months after end of 30 June fiscal year)

32 Appendix 1

TITLE : WORK SCHEDULE FOR CSP1 - ICB 3B PACKAGE 1 (0kms - 80kms)

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 M13 M14 M15 M16 M17 M18 M19 M20 M21 M ID WBS Task Name Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Ju '09 '09 '09 '09 '10 '10 '10 '10 '10 '10 '10 '10 '10 '10 '10 '10 '11 '11 '11 '11 '11 '1

1 1 Preconstruction Notice to 2 Oct 1 1.1 commence Setup office, 3 1.2 Lab & Amenities Setting out 4 1.3 Survey 5 2 Construction Site Clearing / 6 2.1 Grubbing Relocation of 7 2.2 Utilities 8 2.3 Culverts Drainage / 9 2.4 Erosion Protection 10 2.5 Earthworks 11 2.6 Bridegs 12 2.7 Pavement 13 2.7.1 Formation Granular Sub 14 2.7.2 Base Aggregate 15 2.7.3 Base 16 2.7.4 Prime Coat Asphaltic 17 2.7.5 Binder Coarse 18 2.7.6 Tack Coat Asphaltic 19 2.7.7 Wearing Coarse Double Surface 20 2.8 Dressing 21 2.9 Ancilliary Works 22 3 Post Construction

23 3.1 As Built Drawing Maintenance 24 3.2 Manual 33

TITLE : WORK SCHEDULE FOR CSP1 - ICB 3B PACKAGE 2 (80kms - 155kms)

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 M13 M14 M15 ID WBS Task Name Sep '09 Oct '09 Nov '09 Dec '09 Jan '10 Feb '10 Mar '10 Apr '10 May '10 Jun '10 Jul '10 Aug '10 Sep '10 Oct '10 Nov '10

1 1 Preconstruction 2 1.1 Notice to commence Oct 1

3 1.2 Setup office, Lab & Amenities 4 1.3 Setting out Survey 5 2 Construction 6 2.1 Site Clearing / Grubbing 7 2.2 Relocation of Utilities 8 2.3 Culverts 9 2.4 Drainage / Erosion Protection 10 2.5 Earthworks 11 2.6 Bridegs 12 2.7 Pavement 13 2.7.1 Formation 14 2.7.2 Granular Sub Base 15 2.7.3 Aggregate Base 16 2.7.4 Prime Coat 17 2.7.5 Asphaltic Binder Coarse 18 2.7.6 Tack Coat 19 2.7.7 Asphaltic Wearing Coarse 20 2.8 Double Surface Dressing 21 2.9 Ancilliary Works 22 3 Post Construction

23 3.1 As Built Drawing 24 3.2 Maintenance Manual 25 3.3 Final Measurement 26 3.4 Demobilisation / Site Cleaning

34

National Highway Development Sector Investmen Program, Construction Supervision Package-2 (CSP-2) Contract Package ICB-5 (N65, Sukkur-Jaccobabad Section,)

Construction Period : 30 months Total Road Length : 68.0km Overall Construction Schedule 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Month S.N Descreption year year year

Major Ivents Date of Construction End of period 30

I Improvement of existing road (63.1km) (2 lane existing road to 4 lane improvement road)

1 Earth Works and Allied Activites

2 Granular Sub-Base an Granular Sub-Base Agg. Base Course

3 Asphalt Pavement Asphalt Base Course Aspahlt Waring Course

4 Structures A. Culverts B. Bridge Sub-Structure C. Bridge Super-Structure

5 Drainage and Protectio

6 Ancillary Works

7 General Items

II Shikarpur Bypass (4.9km) (km 26+100 to km 31+050, new 4 lane road)

1 Earth Works and Allied

2 Granular Sub-Base an Granular Sub-Base Agg. Base Course

3 Asphalt Pavement Asphalt Base Course Aspahlt Waring Course

4 Structures A. Culverts B. Bridge Sub-Structure C. Bridge Super-Structure

5 Drainage and Protectio

6 Ancillary Works

7 General Items

Land Acquisition and Resettlement Plan

Land Acquisition and Resettlement Plan Project Number: 37559 April 2009

PAK: Multitranche Financing Facility for the National Highway Development Sector Investment Program, Project 2 (MFF0002)

SUKKUR – JACOBABAD ROAD PROJECT N-65

Prepared by [Author(s)] [Firm] [City, Country] Prepared by the Government of Pakistan for the Asian Development Bank (ADB). Prepared for [Executing Agency] [Implementing Agency]

The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature.

The Land Acquisition and 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.

GOVERNMENT OF PAKISTAN

National Highway Authority (NHA)

SUKKUR – JACOBABAD ROAD PROJECT N-65

LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

(DRAFT REPORT)

APRIL 2009

NATIONAL ENGINEERING SERVICES PAKISTAN (PVT.) LIMITED

Abbreviations

Abbreviation Description

AD Assistant Director ADB Asian Development Bank APs Affected Persons COI Corridor of Impact CBO Community Based Organization DCR District Census Report DD Deputy Director DDO Deputy District Officer EDO Executive District Officer EIA Environmental Impact Assessment EMP Environmental Management Plan Ft. Feet GM General Manager GoP Government of Pakistan IP’s Indigenous People Km. Kilometers LAA Land Acquisition Act, 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M&E Monitoring and Evaluation NESPAK National Engineering Services Pakistan, (Pvt) Ltd. MFF Multi-Tranche Financial Facility NTC National Trade Corridor NGO Non Governmental Organization NHA National Highway Authority PAPs Project Affected Persons PIAs Project Implementation Agencies RoW Right of Way RPF Resettlement Policy Framework Rft. Running Feet Sft. Square Feet

1 TABLE OF CONTENTS Sr. No. Description Page #

EXECUTIVE SUMMARY

CHAPTER 1 – INTRODUCTION 1.0 INTRODUCTION 10 1.1 PROJECT CATEGORIZATION AND IMPLEMENTATION 10 CONDITIONALITIES 1.1.1 Project Resettlement and Indigenous Peoples Categorization 10 1.1.2 Project Implementation Conditionalities 10 1.2 DESCRIPTION OF THE PROJECT 10 1.3 CONSTRUCTION SCHEDULE 11 1.4 LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) 11 1.5 PROJECT COMPONENTS 11 1.6 PROVISION OF BYPASS AT SHIKARPUR 11 1.7 FINAL OFFICIAL APPROVAL 11

CHAPTER 2 – SOCIO-ECONOMIC PROFILE 2.0 SOCIO-ECONOMIC ENVIRONMENT 12 2.1 DEMOGRAPHIC CHARACTERISTICS 12 2.2 CONSULTATION AND PARTICIPATION PROCESS 12 2.2.1 Socio-Economic Survey of the Project Affectees 13 2.2.2 Baseline Information 13 2.2.3 Respondents’ Age Group 13 2.2.4 Education Level 13 2.2.5 Social Amenities 14 2.2.6 Professional Status 14 2.2.7 Income Status 14 2.2.8 Land Holding 15 2.2.9 Borrowing Status 15 2.2.10 Housing Characteristics 15 2.2.11 Alternative Place 16 2.2.12 Willingness to Shift 16 2.2.13 Mode of Compensation 16 2.3 RELIGIOUS AND CULTURAL SITES 16 2.4 CULTURE AND TRADITION 17 2.5 CASET SYSTEM 17 2.6 RELIGION 17 2.7 EDUCATION FACILITIES 18 2.8 ROADS AND COMMUNICATION 18 2.9 DRINKING WATER 18 2.10 AGRICULTURE AND CROP PATTERN 18 2.11 INDUSTRIAL AND COMMERCIAL ACTIVITIES 19 2.12 AGRICULTURE MACHINERY 19 2.13 LIVESTOCK 19 2.14 POWER SUPPLY 19 2.15 CIVIC FACILITIES 19 2.16 CONFLICT MANAGEMENT 20 2.17 GENDER COMPONENT 20 2.18 COMMERCIAL ACTIVITY SURVEY 20 2.19 CONCERNS REGARDING THE PROJECT 21 2.20 NON-GOVERNMENTAL ORGANIZATIONS 21

2 Sr. No. Description Page #

CHAPTER 3 – PROJECT IMPACTS

3.0 IMPACTS 22 3.1 PROJECT IMPACTS AND ASSESSMENT 22 3.1.1 Impacts on Land 22 3.1.2 Impacts on Houses and Buildings 23 3.1.2.1 Houses and House Relocation Needs 23 3.1.3 Impacts on Commercial Buildings/Structures 24 3.1.3.1 Commercial Buildings Relocation Needs 24 3.1.3.2 Allowance for Loss of Land Use 24 3.1.3.3 Relocation Allowance 24 3.1.4 Community and Public Assets 25 3.1.5 Business Losses 25 3.1.6 Impacts on Trees 25 3.1.6.1 Impacts on Wood Trees 25 3.1.6.2 Impacts on Fruit Trees 26 3.1.7 Impacts on Crops 26 3.1.8 Severely Affected Families 27 3.2 AFFECTED FAMILIES (AF) / AFFECTED PERSONS (AP) CENSUS 27 3.2.1 Vulnerable APs 28 3.2.2 Impacts on Vulnerable People 28 3.3 COMPENSATION BASIS 28 3.3.1 Compensation Unit Area Cost for House Building Structures 28 3.3.2 Assessment of Compensation Unit Values 29

CHAPTER 4 – POLICY, OBJECTIVES, ENTITLEMENT FRAMEWORK

4.0 GENERAL 30 4.1 ADB’s INVOLUNTARY RESETTLEMENT POLICY 30 4.2 LEGAL AND POLICY BACKGROUND 30 4.2.1 Pakistan’s Law and Regulations on Land Acquisition and Resettlement 30 4.2.2 Comparison of Pakistan’s Land Acquisition Act and ADB Resettlement 31 Policy 4.3 REMEDIAL MEASURES TO BRIDGE THE GAP 32 4.4 COMPENSATION ELIGIBILITY AND ENTITLEMENTS FOR 32 THE PROJECT 4.4.1 Eligibility 32 4.4.2 Compensation Entitlements 32

CHAPTER 5 – COMMUNITY PARTICIPATION, CONSULTATION AND LARP DISCLOSURE

5.0 GENERAL 35 5.1 IDENTIFICATION OF MAIN STAKEHOLDER 35 5.2 SCOPING SESSIONS 35 5.3 STAKEHOLDERS’ CONCERNS 36 5.4 PROPOSED MEAURES FOR INCORPORATING THE 37 STAKEHOLDERS’ CONCERNS 5.5 CONSULTATION MEETINGS AT VILLAGE LEVEL 37 5.6 LARP DISCLOSURE PROCESS 37 5.7 LARP PUBLIC DISCLOSURE MEETINGS AND ITS FINDINGS 41

3

Sr. No. Description Page #

CHAPTER 6 – INSTITUTIONAL FRAMEWORK

6.1 ORGANIZATIONAL SETUP 44 6.1.1 National Highway Authority (NHA) 44 6.1.2 District and Provincial Governments 44 6.1.3 Contractors 44 6.2 Coordination Initiatives 45

CHAPTER 7 – IMPLEMENTATION OF LARP

7.0 PROCCESS OF RP IMPLEMENTATION 47 7.1 LAND ACQUISITION 47 7.2 CLEARING OF THE ROW FROM STRUCTURES/ASSETS 49

CHAPTER 8 – GRIEVANCE REDRESSAL MECHANISM

8.0 GRIEVANCE REDRESSAL/RESOLUTION MECHANISM 51 8.1 COMPONENTS AND GRIEVANCES 52 8.2 DISBURSEMENT OF FUNDS 52

CHAPTER 9 – RESETTLEMENTS BUDGETS & FINANCING

9.0 GENERAL 53 9.1 COMPONENTS OF THE COST ESTIMATES 53 9.2 COMPENSATION COSTS ((CC) 53 9.2.1 Land Acquisition Costs 53 9.2.2 Houses and Structures 53 9.2.3 Allowance for Loss of Space Use (squatters) 54 9.2.4 Community Buildings/Public Structures 54 9.2.5 Business Losses 55 9.2.6 Tree Losses 55 9.2.7 Crops Compensation 55 9.2.8 Relocation Allowance 55 9.2.9 Severe Impacts Allowance 56 9.3 MONITORING AND EVALUATION 56 9.4 ADMINISTRATION COST 56 9.5 CONTINGENCIES 56 9.6 TAXES 56 9.7 BUDGET ESTIMATES 56

CHAPTER 10 – MONITORING AND EVALUATION

10.0 LARP MONITORING AND EVALUATION AND REPORTING PLAN 58 10.1 GENERAL 58 10.2 MONITORING AND EVALUATION 58 10.3 LARP MONITORING 58 10.4 INTERNAL MONITORING 59 10.5 EXTERNAL MONITORING 59

4 10.6 REPORTING REQUIREMENTS 60 10.7 TERMS OF REFERENCE (TOR) FOR THE EXTERNAL 60 MONITORING SERVICE PROVIDER

Sr. No. Description Page #

10.8 PARTICIPATION OF AFFECTED PERSONS IN MONITORING, 61 REVIEW AND EVALUATION PROCESS 10.9 DATA ANALYSIS 61 10.10 EVALUATION AND REPORTING 61 10.11 LESSONS LEARNT 62

List of Tables

Table No. Description

2.1 Socio-Economic Survey of the Project Affectees 2.2 Respondents’ Age Group 2.3 Educational Status 2.4 Social Amenities 2.5 Professional Status 2.6 Income Status 2.7 Land Holding 2.8 Borrowing Capacity 2.9 Types of Construction 2.10 Availability of Alternative Place 2.11 Willingness for Shifting 2.12 Mode of Compensation 2.13 Cast Pattern of the Project Area 2.14 Religious Status of the Respondents 2.15 Education Facilities in the Project Area 2.16 Major Crops with their Average Yields 2.17 Available Agriculture Machinery in the Villages 2.18 Available Health Facilities in the Lower Riparian 2.19 Social Condition of Women of the Project Area 2.20 Stakeholders Concerns 3.1 Land Impacts 3.2 Summary of Severely Affected Land Families and Persons 3.3 Summary of the Affected Building Structures/Houses 3.4 Summary of the Affected Building Structures/Shops 3.5 Allowance for Loss of Land use (Transitional Period Livelihood and Transport) 3.6 Relocation Allowance (Transitional Period Livelihood and Transport) 3.7 Summary of the Affected Community Buildings/Structures 3.8 Business Losses 3.9 Impact on Wood Trees and Costs 3.10 Gross and Net Value of 1 Harvest for each Crop Cultivated in 1 Year in Project Area 3.11 Standard Crop Compensation 3.12 Severely Affected Families and Compensation

5 3.13 Affected Families (AF) by Land 3.14 Summaries of Affected Families (AF) and Affected Persons (AP) 4.1 Comparison of Pakistan’s LAA and ADB Resettlement Policy 5.1 Schedule of Scoping Sessions 5.2 Scoping Sessions – Villages Meetings and the Concerns 5.3 Public Disclosure Meetings for LARP Entitlement Matrix 8.1 Grievance Resolution Process 9.1 Summary of Affected Land and Costs 9.2 Summary of Affected Houses and Costs 9.3 Summary of Affected Commercial Structure and Costs 9.4 Summary of Allowance for Loss of Land Space Use 9.5 Summary of Affected Community/Public Structures and Costs 9.6 Summary of Businesses Losses 9.7 Impact on Trees and Costs 9.8 Standard Crop Compensation for Affected People 9.9 Relocation Allowance (Transitional Period Livelihood and Transport) 9.10 Additional Crop Compensation for Severely Affected People 9.11 Summary of Costs

List of Figures

Figure No. Description

6.1 Organogram: LAR Steering Committee 6.2 Organogram: LAR Coordination Committee 6.3 LAR Organogram and Action 7.1 Expected Implementation Schedule of the LARP 7.2 Implementation – Monitoring and Evaluation Schedule

List of Annexure

Annexure No. Description

1 Summary of Public Consultation Meetings 2 Information Brochure 3 List of Commercial Infrastructure 4 List of Affected Household Units

6 EXECUTIVE SUMMARY

Background

1 Sukkur-Shikarpur-Jacobabad road (N-65) is a step towards strengthening and expansion of the road network. N-65 is an important road, of the country that connects the province of with Balochistan. Proposed road project starts from Sukkur passes through Shikarpur and ends at Jacobabad Bypass.

2 The various Project components include widening of the existing road from Sukkur to Jacobabad and construction of a new Bypass around Shikarpur City. After the completion of the Project, existing two lane road passing through the city will be replaced by a 14.6 metre wide four lane dual bypass.

3 For proposed widening of the road, land based infrastructure falling in the right of way (RoW) needs to be acquired. Owners of these land and land based assets are project affectees. For judicious compensation to all affectees are enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan.

Project Impacts

4 As a result of the proposed road widening, 10 houses, 31 commercial units, 4 community buildings and 30 acres of agriculture land will be affected.

Sr. Affected Affected Affected Affected Affected Affected Affected Affected No Families Persons land Houses structure Shops Kiosks Boundary Wall 1 52 377 30 acres 10 32 28 03 01

Socio-Economic Information

5 Socioeconomic conditions of the Project affectees and surrounding community was conducted by socioeconomic survey, village profile, and commercial survey and by secondary information collected by the governments departments.

Project Resettlement Principles

6 Main policy objectives for development of Resettlement Action Plan are to minimize involuntary resettlement. The Land Acquisition Act, 1894 laid out the legal basis for any property affected by a Project and for compensating the affected owners of the land. An Asian Development Bank Resettlement policy guide line for involuntary resettlement was core guide line for formulating the compensatory package for affectees. National Resettlement policy of the Government of Pakistan 2000 (though in Draft form) emphasizes on the achievement of environmental sustainability and poverty reduction to enhance the economic growth.

Disclosure of Resettlement Plan and Community Participation

7 The consultant team held various Scoping sessions, with affectees along the route. A substantial number of affectees participated in these sessions. Their views are treated as representing views of APs. Resettlement problems are discussed with affectees candidly and their suggestions are incorporated in the report.

7 Compensation Framework

8 Compensation package is based on market prices of the area which are collected through the field investigations and after consulting the concerned government departments especially revenue and forest. The special focus is on fair and just compensation of PAPs. Besides the Real market based Assets values of the affectees Assets following allowances were also included in compensation package. A subsidy allowance has been proposed for Affectees, that idle time compensation in proportion to their household expenses has added in the Package.

Table 9.11: Summary of Costs Description Quantity Unit Unit/Rate Total Cost Rs. % (Rs.) (Rs.) (Million) Land Acquisition 1 30 Acre 300,000 9,000,000 9.00 23.86 Costs 2 House Structures 10 Sq.ft Various 5,950,500 5.95 15.78 Commercial 3 28 Sq.ft Various 4,322,250 4.32 11.46 Structures Allowance for Loss of 4 36 Rs. Various 2,808,000 2.81 7.45 Land Space Use 5 Community Building 3 Rs. 944 2,851,720 2.85 7.56 Business Losses 6 (including 31 Rs. Various 1,112,000 1.11 2.95 Encroachers) 7 Wood Trees 1082 Cft Various 1,884,610 1.88 5.00 8 Crop Compensation 30 Acre 67125 2,013,750 2.01 5.34 Relocation 9 36 Rs. Various 720,000 0.72 1.91 Allowances Vulnerable AF 10 52 Rs 6,500 338,000 0.34 0.90 allowance

Severe impacts 11 allowance (Additional 30 Rs. 44,750 1,342,500 1.34 3.56 Crop compensation)

Total (A): 32,343,330 32.34 12 Monitoring and Evaluation (1% of total) 323,433 0.32 0.86 13 Administrative Cost @ 5% 1,617,167 1.62 4.29 Total (B): 34,283,930 34.28

14 Contingencies @ 10% 3,428,393 3.43 9.09 Total Cost 37,712,323 37.71 100.00

GRIEVANCES REDRESS PROCEDURES

9 It will be also essential to establish a Grievance Redressal Cell (GRC). GRC will be responsible for entertaining complaints and take necessary steps for redressal of the complaints of affectees. All the grievances related issues raised by the affectees need to be reviewed thoroughly and time bound actions for redressal of grievances are required.

8 IMPLEMENTATION SCHEDULE AND BUDGET

10 For this purpose, concerned Government departments were consulted and subsequently market surveys were carried out to evaluate the ground realities. In calculating Resettlement budget all trees, houses, commercial structures, financial assistance, shifting charges, are included. Total amount for Resettlement expenses is Rs. 37.71 million.

MONITORING AND EVALUTION

11 Generally two methods of monitoring and evaluation processes are involved in the project monitoring i.e. internal and external monitoring. Internal monitoring will include performance monitoring, whereas external monitoring includes impact monitoring and completion report.

EXTERNAL MONITORING 12 The Resettlement Consultants will review the status of the RAP implementation in the light of the targets, budget and duration that had been laid down in RAP.

9 Entitlements Matrix

Nature of Loss Application Definition of AP Entitlements Result of Action A. Land Acquisition (Applicable in cases of fresh acquisition and /or legally confirmed ownership rights on existing ROW) Loss of agriculture / Land and other Person(s) with land • Cash compensation based on current open Compensation residential /commercial assets acquired records verifying market rate/ replacement value plus 15% for lost assets land by landowners for project roads ownership compulsory acquisition surcharge (CAS), as and / or legally provide in the land Acquisition Act (1894) Loss of confirmed Renter or share • Compensation will be paid as per Land Assistance with agricultural/residential / ownership rights cropper of land Acquisition Act (1894) relocation commercial land by on existing ROW permanent tenants Loss of common barren Village/s with • Cash compensation as per current Compensation / mullah – bed customary ownership replacement value of lands to affected group for loss of (nonproductive lands of landowners distributed by village elders. access to owned collectively by • Project authorities to ensure that common land. village/s. compensation is distributed to all affected persons. Damage of land caused Persons(s) with land • Restoration of land to pre-construction Restoration of by excavation etc. from records verifying condition or cash compensation at prevailing land to pre- borrows for earth for ownership. village/s rates for necessary repairs or tractor hours for construction construction. with customary restoring level and / or truckloads of earth for condition ownership fill. Severance of Persons(s) with land • Provision of water course to connect severed Installation of agricultural land holding. records verifying segment with source of water facilities of ownership. village/s irrigation. with customary ownership B. Loss of Income Generating Assets (Whether or not land is legally occupied) Loss of agricultural Land purchased Owners of crops or • Cash compensation for loss of agricultural Cash income crops, and fruit and or reclaimed for trees includes crops at current market value of mature crops, for lost crops. wood tress by owner. road purposes crops./trees owned by based on average production Trees encroachers/squatters • Compensation for loess of fruit trees for

1 average fruit production for next 15 years to be computed at current market value • Compensation for loss of wood-trees at current market value of wood (timber or firewood, as the case may be). Loss of agricultural Land purchased Share cropper/ tenant • Partial compensation to Cash income crops, and fruit and or reclaimed for sharecroppers/tenants for loss of their for lost crops/ wood trees by share- road purposes crops/trees as per due share or agreement trees cropper/ tenant (verbal or written). Loss of income by Work Persons working the • One-time lump sum grant of Rs. 800-1000 Short-term agricultural tenants/. opportunities affected lands (raise to power of six) to agricultural tenants/ assistance/ Sharecroppers reducedd sharecroppers (permanent, short-term or long compensation –term agricultural labor (this will be in addition for loss of to their shares in crop./tree compensation.) income. • APs who are eligible for semi-skilled and unskilled labor will be given priority in employment opportunities in the Project’s implementation works. Loss of income by Business Owner of business • One-time lump sum grant; minimum one- Short-term shops /SBE owners adversely month’s income based on the nature of compensation affected by road business and type of losses assessed on a for loss of construction case-to-case basis. income. Loss of business Structure on Owner / renter of • One-time cash assistance equivalent to 2- Removal / premise by owner / acquired land business month rent for moving of alternative premise relocation renters and/or legally for re-establishing the businesses. assistance confirmed • Shifting allowance (transport plus ownership rights loading/unloading charges) will be paid to on ROW affected businessman (if applicable), on actual cost basis. Loss of wages by small Income reduced Employees of SBEs • One-time financial assistance to hired labor business enterprises during period of equivalent to 30 days wages to be computed employees readjustment on the basis of minimum wages board rates for respective district for respective categories.

2 • Family workers in small business enterprises are not eligible, as they have already been covered by income by income assistance for loss of business by shop/SBE owners. • Special assistance of Rs. 1,000 to the affected vulnerable persons like the destitute, female- headed households, and disable for restoring their livelihoods. • AP’s who are eligible for semi-skilled and unskilled labor will be given priority in employment opportunities in the project’s implementation work. Loss of income by Business Mobile SBE operators • Official minimum wages board rates for one Short term mobile roadside affected on foot month, plus shifting allowance. compensation vendors/SBE temporarily paths/roadside. • Priority to be given as tenant for any facilities for loss of during road built by respective municipal administration or income. construction. NHA to streamline the market. C. LOSS OF RESIDENTIAL/COMMUNITY PROPERTY (WHETHER OR NOT LAND IS LEGALLY OCCUPIED) Loss of residential Land on which Owners of the • Cash compensation for loss of built-up Restoration of structures and property stands structure structures at full replacement costs. residence/shop. commercial structures purchased or • Owners of affected structures will be allowed to by owners. reclaimed for take/reuse their salvageable material for road purposes rebuilding/rehabilitation of structure. • In case of relocation, transfer allowance to cover cost of shifting (transport plus loading/unloading), the effects and materials will be paid on actual cost basis or on current market rates. Loss of residential Renters of house • One time cash assistance equivalent to 2- Assistance to structures by tenants months rent moving to alternate premise. make (Renters) • Transfer allowance to cover cost of shifting alternative (transport plus loading/unloading) personal arrangements effects paid on actual cost basis or on current market rates.

3 Loss of cultural Schools, mosque, • Complete rehabilitation/restoration by the Replacement / &community structure water channels, Project; or, restoration of / facilities pathways, and other • Cash compensation for restoring affected structure/facility community cultural/community structures and structures/installations installations, to the recognized patron/custodian. Unanticipated adverse The EA and project implementation authority will del with any unanticipated consequence of the project during impact due to project and after project implementation in the light and spirit of the principle of the entitlement matrix. intervention or associated activity

4

CHAPTER-1 INTRODUCTION

1.0 INTRODUCTION

13 Construction of dual carriage from Sukkur-Shikarpur-Jacobabad road is a step towards strengthen and expansion of the road network its total length is 63 km plus 5 km and it will be 4 lane dual carriage way. Total width of the road will be 14.6 meter.

14 The data presented in this section have been gathered during the field survey conducted from May 18, 2006 to May 22, 2006. The impacts assessment has been made during this period and ultimately with some follow up verification field visits it was finally completed by June 12, 2006. As such June 24, 2006 is treated as the cut-off date for compensation/rehabilitation eligibility. Afresh impact Assessment survey is conducted in September 2008 and Due Diligence Report (DDR) is prepared.

15 For proposed widening of this road and land based assets/infrastructure falling in the right of way (ROW) needs to be acquired under the project. Owners of such land and land based assets are the project affectees. It is important to identify those affected people along with their assets which will be acquired and study their socio-economic conditions.

16 According to the resettlement policy of Government of Pakistan and Asian Development Bank requirement, affectees should be judiciously compensated so that their socio-economic condition should be better or at least equivalent to the previous status.

17 The entire RoW affectees need to be enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan. Necessary Resettlement/Rehabilitation plan is developed to serve as guideline for further action and proceedings.

18 NESPAK was entrusted with the task of preparing a draft Resettlement Action Plan (RAP) by NHA to serve as a guideline for land based assets acquisition, assessment and compensation process. During this process, it is likely that some public grievances are also observed; hence there should be some mechanism for redressal of such grievances.

19 Similarly monitoring and evaluation of the Resettlement Plan is required. It will also cover the cost estimates of the resettlement/mitigation measures for implementation along with the time bound implementation schedule of activities.

1.1 PROJECT CATEGORIZATION AND IMPLEMENTATION CONDITIONALITIES

1.1.1 Project Resettlement And Indigenous Peoples Categorization

20 According to the ADB Resettlement policy (Operations Manual (OM) Section F2/OP & BP (2006), a project is classified as “A” and needs the preparation of a full Land Acquisition and Resettlement Plan (LARP) if 200 or more persons suffer significant adverse impacts (house relocation or loss of > 20% of productive assets. If < 200 persons suffer severe impact a project is classified as “B” and requires only a short LARP. Based on the above this project is classified as “A. The project has impacted 52 households that include 377 affected persons.

1.1.2 Project Implementation Conditional ties

21 The preparation of a LARP based on detailed design, reflecting the official final compensation rates and acceptable to ADB is a condition to civil works contracts signing.

9 1.2 DESCRIPTION OF THE PROJECT

22 Sukkur to Jacobabad Section of N-65 passes through three districts i.e. Sukkur, Shikarpur and Jacobabad of Sindh Province and links the province of Sindh with Punjab and Balochistan. Major settlements along the road are Shikarpur City and many villages, i.e. Soomar, Sheikh Suleman, Lakhi, and Jahaan Khan etc.

23 There is already a 2 lane carriage existing road with paved width varying from 6 meters to 7.5 meters at various locations. Right of way (RoW) of the road is 110 ft /33.53 meters (55 ft. /16.76 meters on each side from the center of road). Figure 1.1 shows the National Highway Network and location plan of the Project Area.

24 The road falls under the administrative jurisdiction of Sukkur, Jacobabad and Shikarpur Districts of Sindh Province. The project will start from Sukkur Bus stand and end at start point of Jacobabad.

1.3 CONSTRUCTION SCHEDULE

25 Project implementation is expected to commence in the beginning of 2009 and completed by the end of 2010. At present, the Project is at the in detail engineering design stage.

1.4 LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)

26 Land acquisition is involved all through 68 km length of alignment, but mostly this land is owned by NHA. One of the main impacts of the project will be arise due to the acquisition of land. The project is committed to providing entitlement to persons who loose their land and other property/ businesses. The preparation of LARP based on detailed design, final compensation rates and acceptable to ABD is a condition to civil works contract singing. The provisions of law that apply to such situation will be followed.

27 This Land Acquisition and Resettlement Plan (LARP) has been developed to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position.

28 All the development projects including the resettlement components will to take into consideration the compensation aspects. Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for the development projects requirements including compensation of the Project affectees’ assets. This has been supplemented through development of the Land Acquisition and Resettlement Framework (LARF) prepared by NHA and duly approved by Asian Development Bank (ADB).

1.5 PROJECT COMPONENTS

29 The main Project component includes widening of the existing road from Sukkur to Jacobabad and construction of a new bypass around Shikarpur City.

30 After the completion of this Project, existing two lane road will be replaced by a 14.6 meters wide four lane dual carriageway.

1.6 PROVISION OF BYPASS AT SHIKARPUR

31 NHA has decided to provide a bypass outside Shikarpur so that the traffic flow between Sukkur and Jacobabad can move without any hindrance. Provision of

10 the bypass will also facilitate the residents of Shikarpur and also reduce the risk of accidents due to the passing of high volume of traffic from the city.

1.7 FINAL OFFICIAL APPROVAL

32 Start of construction of civil works is subject to the final approval of this resettlement report by the donor agency. The contractor will not move in field for construction of the road until the resettlement plan is implemented and final payments have been made to affectees.

11 CHAPTER-2 SOCIO-ECONOMIC PROFILE

2.0 SOCIOECONOMIC ENVIRONMENT

33 Majority of the population is Muslim. Sindhi is their mother tongue shilwar kameez and dothi kurta are common dress of male and females. Some modern young people also wear Pantaloons and shirts.

2.1 DEMOGRAPHIC CHARACTERISTICS

34 N-65 starts from Sukkur near Sukkur bus stand and passes from District Shikarpur’s Tehsils i.e. Ghari Yasin, Lakhi and Shikarpur. It ends in Tehsil Jacobabad of District Jacobabad. The demographic profiles of those tehsils are as follow:

(a) SUKKUR TEHSIL The total population of the Tehsil was found to be 374,178 with a growth rate of 2.35% according to the 1998 population census. The gender composition was 113 females versus 100 males. 90% population resided in urban areas and just 10% lived in rural areas. Average household size was 7.5.

(b) LAKHI TEHSIL

The total population of the tehsil, was 188,298 with a growth rate of 0.6%. the male female ratio was 100 males:106 females. The population resided in urban areas is 51% and 49% lived in rural areas. Average household size was 6.8.

(c)

Total population of the tehsil was 227,966 with a growth rate of 2.67% according to 1998 population census. Population composition was 107 females in proportion to 100 males. 90% population resided in rural areas and just 10% lived in urban areas. Average household size was 5.6.

(d) SHIKARPUR

272,493 was the total population of this Tehsil, with a growth rate of 2.45% in 1998 census. Gender composition was 108 males versus 100 females. 51% of population resided in rural areas and 49% lived in urban areas. Average household size was 6.8.

(e) JACOBABAD

267,998 was the total population of the Tehsil according to 1998 census, with a growth rate of 2.33% Male female ratio was 100 males: 107 females. 49% population resided in urban areas and 51% lived in rural areas. Average household size was 7.1.

12 2.2 CONSULTATION AND PARTICIPATION PROCESS

35 Totally 150 questionnaires were filled at different locations in the Project Area. Among the respondents 100 were males and 50 were females. Methodology adopted for selection of the respondents was stratum random sampling. Respondents were selected from all the villages, towns and cities, situated along the route. These respondents were from all walks of life having different professional backgrounds.

2.2.1 Socio-Economic Survey Of The Project Affectees

36 The information regarding socioeconomic conditions is derived from primary data collected from field and from secondary sources i.e. (District Population Census Reports 1998 for the concerned districts, Design utility folders. Tool used for primary data collection were, village profile, focus census, Commercial activities survey, women profile survey, building valuation survey, scoping sessions and personal field observations.

2.2.2 Baseline Information

37 Out of the 150 respondents 67% were males while 33% were females, 61% were married, 39% were unmarried, 37% were literate, 63% were illiterate, 44% were employed and 56% were unemployed (including housewives and students). Table 2.1 presents the general profile of the Project Area.

Table No 2.1 General Profiles

Sr.No. Respondents Number Percentage (%) 1 Male 100 67 2 Female 50 33 3 Married 92 61 4 Unmarried 58 39 5 Literate 56 37 6 Illiterate 94 63 7 Employed 66 44 8 Unemployed 84 56

2.2.3 Respondents’ Age Group

38 Respondents were selected from mature groups of people. 18% of the respondents were less than 25 years old. 20% belonged to age group between 26 to 35 years, 22% fell in the age group between 36 to 45 years, 20% between 46 to 55 years and 20% were more than 56 years old. Table 2.2 presents the distribution of respondents according to age group.

Table No 2.2: Respondents’ Age Group

Sr. Age Both Percentage Male Percentage Female Percentage No. Group Sexes 1 15-25 27 18 20 20 7 14 2 26-35 30 20 17 17 13 26 3 36-45 33 22 19 19 14 28 4 46-55 30 20 18 18 12 24 5 56-65 30 20 26 26 4 8 Total 150 100 100 100 50 100

13 2.2.4 Education Level

39 Literate respondents had different education levels. Out of 56 literate respondents: 32% had primary level of education, 29% had education up to Matriculation and 23% had qualification up to intermediate and only 16% were graduate or postgraduate. Educational status of the respondents is shown in the Table 2.3.

Table No 2.3: Educational Status

Sr. No. Education level 1 Respondents Primary Middle/ Intermediate Graduation/ Secondary Post Graduation 2 Male 12 12 10 7 3 Female 6 4 3 2 Total 18 16 13 9 Percentage 32 29 23 16

2.2.5 Social Amenities

40 During socioeconomic survey to develop the social baseline of the Area, the respondents were inquired about the utilities in their homes. Almost all the respondents had electricity in their homes whereas 43% had the facility of water supply in their homes. On the other hand 20%, 15% and 20% of the respondents respectively had the facility of Sui gas, landline phone and sewerage system at their homes. Table 2.4 presents the social amenities available in the area.

Table No 2.4: Social Amenities

Sr.No Social Facility Number Percentage (%) 1 Electricity 153 98 2 Water Supply 65 43 3 Sui Gas 30 20 4 Telephone 23 15 5 Sewerage 30 20

2.2.6 Professional Status

41 Table 2.5 presents the professional status of the respondents. 33 % of the respondents were unemployed; a few of them were students. Among the respondents “economically active”, 17 % were farmers, 16 % were businessmen and 7 % were labourers.

Table 2.5 Professional Status Sr. No. Profession Number Percentage of Respondents (%) 1 Agriculture 25 17 2 Business 24 16 3 Labour work 11 7 4 Service 6 4 5 Housewives 34 23 6 Unemployed 50 33 Total 150 100

14 2.2.7 Income Status

42 During the socioeconomic survey, respondents were inquired about their total monthly income from all sources. Table 2.6 shows the income status of the respondents. Majority of the respondents i.e. 24% had their income ranging between Rs. 10000- 15000/month. 19% had income below Rs. 5000/month. 23 % respondents belonged to the income group ranging between Rs. 5000-10000/month, 19% between Rs. 15000 to 20000/month and just 15% had an income more than Rs. 25000/month. According to Asian Development Bank guide lines every person earning less than Rs 5000 is consider below poverty line. The income table shows one third of the population are living below poverty line.

Table 2.6 Income Status Sr.No. Monthly Number Percentage Income Group (%) (Pak. Rs.) 1 1000-5000 29 19 2 5000-10000 34 23 3 10000-15000 36 24 4 15000-20000 28 19 5 250000+ 23 15 Total 150 100

2.2.8 Land Holding

43 During the survey it was identified that about 17 % of the respondents belonged to the agricultural sector and some of those respondents had leased out their lands as a second business/ source of income. Majority of the respondents had very small land holdings; almost 77% of the respondents had landholdings of less than 10 acres. Only 3% had landholdings of more than 20 acres. The land holding status of the respondents is shown in Table 2.7

Table 2.7 Land Holding Sr.No Land Number Percentage in Acres (%) 1 1-5 15 50 2 5-10 8 27 3 10-15 5 17 4 15-20 1 3 5 20+ 1 3 Total 30 100

2.2.9 Borrowing Status

44 During the public consultation it was identified that some respondents i.e. 37% had borrowed money from different sources such as agriculture bank, feudal lord, or relatives. Table 2.8 shows the barrowing capacity of the respondents.

Table 2.8 Borrowing Capacity Sr. Borrowing Number Percentage No. Status (%) 1 Under debt 56 37 2 Without any debt 94 63 Total 150 100

15 2.2.10 Housing Characteristics

45 27% of the respondents had kacha houses. 49% respondents had semi pucca houses and 24% had pucca houses. Table 2.9 shows the characteristics and percentage of houses in the Project Area.

Table 2.9 Types of Construction

Sr. Construction Number Percentage No. Type 1 Kacha 41 27 2 Semi Pucca 73 49 3 Pucca 36 24 Total 150 100

2.2.11 Alternative Place

46 Here only those respondents, whose properties are falling in the RoW completely, were inquired about alternative places for residing in case of relocation due to the execution of the proposed Project. Only 5% had alternative places to shift in case of relocation and the rest 95% had no alternative place. therefore Project implementation authorities should arrange some compensation for them that they may not fall in vulnerable group. Table 2.10 shows the percentage of people having alternative places.

Table 2.10 Availability of Alternative Place

Sr. Alternative Number Percentage No. Place 1 Available 7 5 2 Not Available 143 95 Total 50 100

2.2.12 Willingness to Shift

47 During the survey it was identified that 90% of the respondents showed the willingness to leave their places if a fair and judicious compensation is provided to them and 10% respondents were not willing to leave their places. Table 2.11 shows the number and percentage of respondents willing to shift.

Table 2.11 Willingness for Shifting

Sr.No Willingness Number Percentage 1 Willing 135 90 2 Not Willing 15 10 Total 150 100

2.2.13 Mode of Compensation

48 Most of the respondents i.e. 87% preferred cash as a mode of compensation and 6% asked for land in the vicinity of the Project Area. 7% respondents demanded both land and cash for their resettlement. In demanding cash as a mode of compensation respondents feel liberty that they can readjust themselves by their own will and choice. Table 2.12 presents the preferred mode compensation of the stakeholders.

16 Table 2.12 Mode of Compensation

Sr. Compensation Number Percentage No 1 Cash 130 87 2 Land 9 6 3 Cash + Land 11 7 Total 150 100

2.3 RELIGIOUS AND CULTURAL SITES

49 There is a small graveyard in village Level (Tehsil Jacobabad) in which 12 graves will have to be relocated for execution of Proposed Project besides a well constructed Jamia Mosque will also need relocation.

2.4 CULTURE AND TRADITION

50 The project area has a combination of new and old culture although the young generation is fond of modern culture but religious bonds are very strong and majority of the population follows the Islamic traditions, which are well practiced in rural area and have high moral values in the society.

• The food of the inhabitants is very simple. Maize, wheat and rice are eaten in the project area. The use of Desi ghee and lassi is very popular in the rural area. Milk is also available in sufficient quantity. The people of the area are fond of meat especially various forms of beef. • Common dress of the people is Shalwar Qamiz. However, Government officials and students wear western styled clothes. Women’s dress is also very simple i.e. Shalwar Qamiz and dopatta. • The use of ornaments among the females is also common. The females decorate themselves with ear-ring and bangles with rare use of cuba (egg like cups), connected by chains or a flat circle shaped gold hanging on fore-head. • Marriage is a common custom and is performed with great enthusiasm dancing and singing. The people of locality are invited by the bridegroom family and entertained with delicious meals. The girl’s parents present dowry to the girl for equipping her new house. • Sindhi, Balochi, Saraiki and Urdu language are being spoken in the project area. Sindhi is usually spoken by the majority mostly in rural areas. • The joint family system was predominated in the area. However, new life styles and cultural diffusion from the outside have directly influenced the family system, gradually shifting it to the nuclear family system.

2.5 CASTE SYSTEM

51 Project Area lies in interior Sindh adjacent to province Balochistan and the population is comprised both of sindhi and baloch people during the survey following caste and tribes were identified in tehsils along the route.

17 TABLE 2.13 Cast Pattern of the Project Area

Sr. Tehsils (Talukas) Casts No. 1 Sher, Mehar, Qurashi, Jamali,Lolorie, Sheikhs Sukkur 2 Lakhi Sayed, Ludra, Samro, Rahejas,Mehar ,Sheikhs 3 Garhi Yasin Mangi,Sanch,Machi,Gurgigi,Channas, Mangwal 4 Shikarpur Baloch, Samro, Sanch,Mehar,Jogi,Memon 5 Jaccob abad Panwer, Mehar, Kaher, Rindh, Jakhrani,Jamali, Bughti, Memon

2.6 RELIGION

52 Religion plays a vital role in people’s life. Majority of the Project Area population is Muslims. Cultural festivals are mostly related on religious tradition/event. The visit to shrines or (Ziarat) is a very common among people. Table-2.14 below provides the distribution of population by religion. Majority of population of the area is Muslim. Only a small minority in Project Area is Hindu which mostly live in cities and are engaged in business activities, therefore their proportion in rural areas is very small.

TABLE 2.14 Religious Status of the respondents

Sr. Respondents Muslim % Age Non % Age No. Muslim 1 MALE 93 93 7 7 2 FEMALE 49 98 1 2

2.7 EDUCATION FACILITIES

53 Educational facilities are inadequate, so it becomes hard for the parents to educate their children from far off villages, it become difficult specialty when there is scarcity of transportation. Even in many villages, no local qualified lady is available to teach the girls and no-one from outside is willing to come for teaching in such a remote area, so girls are bound to go to the boys schools. Table 2.15 below shows the status of educational institution.

TABLE 2.15 Education facilities in the project area

Primary Middle High School Deni Madrassa School School Male Female Male Female Male Female Male Female 14 9 8 6 4 2 2 -

2.8 ROADS AND COMMUNICATION

54 Communication network is a fundamental prerequisite for economic activity to take place. The surrounding villages of the project area are well connected with main road and district headquarters through mettled roads.

2.9 DRINKING WATER

55 Project area lies on the belt where underground water is brakish and not suitable for drinking or even for agriculture purpose, but ironically most of the villages have no other

18 source of water supply. During the field survey it was observed that only two localities Lakhi and Jahan Khan had the facility of water supply. In many areas people have to fetch water from far off areas.

2.10 AGRICULTURE AND CROP PATTERN

56 Agriculture in the vicinity of N-65 is predominantly irrigated agriculture. The project area depends on non-perennial canals. The shortage of water is generally experienced in winter and it greatly hampers Kharif cultivation. The area is irrigated by canals originating from Guddu Barrage.

57 The project area is mainly a rice growing area. The main crop during Kharif season is rice. Cotton is also grown but there is a lot of variation in production. Peas are also grown in small quantities. Major Rabi season crop is wheat. Vegetables and fodder are also cultivated in small quantities.

TABLE 2.16 Major Crops with Their Average Yields

S. Crops Yield Crops Yield No. Per Acre(Kg) Per Acer(Kg) Kharif Rabi 1 Rice 1400-1600 Wheat 800-1000 2 Cotton 200-1000 Fodder 1200-1500 3 Fodder 1200-1500 Vegetables 500-700 4 Tomatoes 500-700 Sunflower 600-800 Courtesy: Agriculture Extension Department Shikarpur

2.11 INDUSTRIAL AND COMMERCIAL ACTIVITIES

58 There are very few industrial and commercial activities in the project area. Only some small industries are lying in the vicinity of N-65 highway, i.e. some Rice husking factories, an Oil mill, a Rice mill and some Pickle making factories. Some crop storage depots are also located along the roadside Oil and gas explorations are also in progress around the project area, which raises the importance of this section of National Highway.

2.12 AGRICULTURE MACHINERY

59 Table 2.17 signifies that the agriculture machinery is insufficient in the area. People are used to land preparation work mostly with ox drawn implements while few resourceful persons hire the agricultural machinery from Agriculture department @ Rs. 300- 350 per hour for tractor. Most of the agriculture work force is tenants, therefore, their affordability is very low and secondly they have no information regarding new technologies and agricultural equipments.

TABLE 2.17 Available Agriculture Machinery in the Villages

Cultivator Number Percentage 1 Tractor/Harvester 20 11 2 Thresher 16 3 3 Not Available 32 86 Total: 68 100

19 2.13 LIVESTOCK

60 The livestock rearing is done on a small scale in the project area due to the scarcity of water, especially in the districts of Shikarpur and Jacobabad. However farmers have raised some cows, buffalos, goats and bullocks for their domestic use.

2.14 POWER SUPPLY

61 Electricity is available to all the villages. Firewood and kerosene oil are the major sources of energy in case of non-availability of electricity. Solely, fire wood is used for cooking.

2.15 CIVIC FACILITIES

62 Health conditions are one of the major indicators of a society’s social development and quality of life. Healthy manpower is imperative for the advancement and economic growth. The health conditions are good in the area, as no serious disease was reported there. Qualified lady health visitor are mostly non-existent in the area with major reliance on traditional child birth attendant for assisting the delivery. Comparatively, larger villages have the facility of basic health unit (BHU) and or a dispensary (Table 2.18). In most of the village people used to consult private practitioner and quacks.

Table 2.18 available Health Facilities in the Lower Riparian

Sr. No. Health Facilities Number 1 Tehsil Head Quarter Hospital 1 2 Rural Health Unit 4 3 Dispensary 1 4 Private Medical Shop 12

2.16 CONFLICT MANAGEMENT

63 Conflict management by the community traditionally depends on nature of conflict. Minor conflicts are normally settled within the community. The village leader known as “Wadera” takes the leading role in conflict management. However, larger disputes, political differences are referred to the concerned courts of law. Sometime influential people from outside the village do have a say in such matters to resolve the issues amicably: the conflicts.

2.17 GENDER COMPONENT

64 Gender problems are critical issues that are connected to any sustainable development process, which is usually perceived as woman specific issues. In order to assess socio-economic condition of women of the area, a Gender component survey was conducted by taking a sample of women. A total of 67 women from the project area were interviewed.

• The respondent’s women are falling in the age category between 15 years to 65 years. Significant majority 70 of the respondents fall within the age group of 31-40 years, 26 out of the total surveyed women were of the age 41-50 years, where as 21 fall within the age group of 26-55 years. Only 8 fall in the age group of 55 and above.

20 • Only 30% of the respondents were literate. The rest 70 respondents were illiterate. • Regarding the level of awareness about the project, mostly the women were aware of the construction project.

65 Table 2.19 shows the condition of women surveyed according to the table 30% women surveyed were educated and 70% were uneducated just 28% were working women and 72% were household ladies. 62% were unmarried and 38% were married. Only 44% women surveyed said they had an opportunity of reading if they want rest of the women said that they had even no access to school or college. This shows lack of education facilities and less trend of educating the women in the Project Area. 26% of women surveyed said that they had just access to lady health visitor not more than that and just 18% had access to government doctor. 32% women visit private doctor in case of sickness and 24% go to quack. This table represents the over all situations of the women surveyed.

TABLE 2.19 Social Condition of Women of the project Area

Age Educated Un- Working Household Un- Married Access Access to Health Facility Educated Women Ladies Marrie to Lady Govt. Private Quack Group Health Doctor Doctors Visitor 16-25 3 7 6 9 3 4 4 3 2 2 1 26-35 4 6 4 4 5 5 3 2 1 2 2 36-45 2 7 2 9 8 4 5 4 3 3 2 46-55 3 5 1 8 10 3 6 1 1 5 3 56 & 3 10 1 6 5 3 4 3 2 4 4 Above Total 15 35 14 36 31 19 22 13 9 16 12 % age 30 70 28 72 62 38 44 26 18 32 24

2.18 COMMERCIAL ACTIVITY SURVEY

66 The commercial activity survey was conducted comprehensively, so as to quantify and measure the entire commercial infrastructures falling in the Right Of Way (RoW) of the project for cost estimation and budgeting purpose while the proportionate representation was selected for the socio-economic study.

Following field investigations were made through the commercial activity survey:

• The commercial units were 35 in number and the people involved with these units were 246 in numbers. Those were owners, business head or employees of specific location. • The interviewed persons were falling in the age category of 15 years to 67 years. • The nature of business was hotels, general stores, vendors, workshops room, filling station, auto workshops and restaurant. Apart from that, the grocery shops, general store, sweets, fruit, vegetable, medical store, barber, tailor, and shoe and were also abundant in the study area. Besides, few wooden cabins shops like Public Call Office (PCO), grocery and Punctures repairing shops also exist in the area. • The estimated stock value, present in each shop is ranging between Rs. 5000-500,000. • The estimated monthly expenditures were ranging between Rs. 4500- 35,000 against the income value of Rs. 5000-50,000. • Majority of the business holders were based on single ownership status while the multiple business owners are very less in number.

21

2.19 CONCERNS REGARDING THE PROJECT

67 Almost all the population of the project area has concerns regarding the road widening, which are ranked in the under-mentioned Table 2.20.

TABLE 2.20 Stakeholders Concerns Sr. Concerns No. of Percentage of No. Respondents Respondents 1 Livelihood will be disturbed in case losing 87 28 business and agriculture land 2 Residential area will be affected 102 32 3 No compensation payment is given to 62 20 affectees, especially tenant 4 Jobs will not be provided to local people 30 10 during construction 5 Privacy will be disturbed due to 32 10 construction work Total 313 100

2.20 NON-GOVERNMENTAL ORGANIZATIONS

68 In district Sukkur some N.G.Os were working on education health and agriculture like Leadership for Environment and Development (LEAD) Pakistan, World Wide Fund for Nature (W.W.F) and Sindh Rural Support Organization (SRSO). While in only Marrie Stopes Pakistan is working on reproductive health and in Jacobabad SRSO. For any development activity, village leadership and genuine village level organization considered as Community Based Organization (CBO) for successful completion of a community based project. Present district government devolution plan give much emphasis on community participation, therefore, many micro level development schemes are under progress by different CBOs in their respective villages.

22 CHAPTER-3 PROJECT IMPACTS

3.0 IMPACTS

69 A detailed quantification of impacts and affectees has been made for the Sukkur- Jacobabad project. Its assessment survey has been undertaken to prepare a database to assess and compensate for the losses associated with the land acquisition and displacement of population and their businesses due to the upgrading of the existing highway.

70 The Project corridor is delineated according to two criteria: right of way (RoW); which the NHA is legally entitled to, and Corridor of Impact (CoI), i.e., the width of the corridor that will be impacted, directly or indirectly, by the Project during the construction and operational phases.

71 The proposed Project corridor will have a well defined RoW that will be 47.9 ft. (14.6 meters). Major construction works will generally remain confined within the RoW. All the infrastructure and commercial activities within the existing or proposed RoW need to be relocated and have direct impact of the Project.

72 Corridor of Impact was delineated as the extent, which has direct or indirect impact of Project. Direct impacts of the Project, caused by relocation, are vision within the RoW and indirect impacts, caused by noise, dust emissions, camp sites and borrow sites could be beyond the RoW.

3.1 PROJECT IMPACTS AND ASSESSMENT

73 The impacts and assessment survey has been carried out through field investigations, by team comprising resettlement expert, sociologist, environmentalist, civil engineers, agronomist, ecologist, revenue staff and comprehensive data has been collected and analyzed. Design engineering folders for the road were used as the basis for further field studies of the respective areas. Consequently various types of impacts have been quantified and assessed. Project impacts are mainly belonging to seven (7) categories: (i) impacts on land and leases, (ii) impacts on buildings structures / houses, Government buildings / infrastructure, (iii) commercial impact, (iv) community assets, (v) Impacts on trees, (vi) impacts on crops and (vii) Impacts on population. These are given in details in the follow up sub sections related to each of these sub components.

3.1.1 Impacts on Land

74 Most of the new road runs within the existing RoW and limited numbers of settlement are existing along the road. Most of the ROW is vacant and only few structures are located there. The only land acquisition needed for road construction is for the Shikarpur bypass section which is all agriculture land and measure 30 acres in all. The remaining land affected by the new road is already owned by NHA and will not require acquisition (see table 3.1 below)

Table 3.1 Land Impacts

Land Type Area (acres) Totals (acres) Total Sq.Meter Private Agricultural 30.00 Sub-total Land to be acquired 30,00 121405

Private Land RoW ( unused NHA Land) 191.20

23 Land Type Area (acres) Totals (acres) Total Sq.Meter Land under commercial use (Squatters) 0.25 Land under Residential Use (Squatters) 0.25 Sub-total land affected but not to be acquired 191.70 775776

GRAND TOTAL (total land affected) 221.70 897181

75 As indicated in the able above the construction of the proposed road will require in all 221.7 acres of land of which 30 acres are private agriculture land to be acquired for the Shikarpur bypass. and for which compensation will be given to the owners. The affected land is self-cultivated by the owners. No state land will be affected and 191.7 acres of land within the RoW are already NHA property. Residential land constituting the premises of affected shops and houses amounts to 0.25 acres and is part of the ROW already owned by NHA.

76 The 30 acres of affected private agricultural land are all titled and owned by different 52 AF of which all are direct cultivators.

Table 3.2 Summary of Severely Affected Land Families and Persons Package Affected Land Affected Families(AF) Affected Persons (Acres) Sq. Meter (AP) Total 30 121405 52 377

3.1.2 Impacts on Houses and buildings

77 All buildings are built in passive RoW. Data regarding building structures/houses has been collected through physical measurements of its structure with its category. Type of building structures/house/other installations are broadly divided into three main categories/types, based on type of construction work as below:

i) Pucca House/Brick Masonry Works ii) Semi Pucca House Bricks with mud masonry iii) Mud House – mud bricks masonry

78 In order to establish clear principles to establish the minimum impact magnitude for buildings to be relocated the following bench marks were established:

(i) Buildings affected less than 20% of the building structures affected and structurally viable will be considered as partially affected and will not be relocated; (ii) Buildings affected more than 20% of their structure or for less but structurally weakened will be considered as fully affected and will be relocated.

3.1.2.1 Houses and house relocation needs

79 Through the field survey and actual interaction with the affectees it was revealed that there are overall 10 affected houses/buildings structures in the RoW, as given in Table 3.3 below. All 10 affected houses are pucca structures. Of these 4 houses will be affected 100%, 4 houses will be affected >20%, and 2 houses will be affected <10%. The total land area for these houses is 196 sqt. The owners of these houses are encroachers and the land is NHA property.

80 Of the affected houses. 8 houses are affected for more than >20% and need relocation. The other 2 houses will be affected up to 20% but will not need relocation and will be compensated only for the damaged portion.

24 Table 3.3 Summary of the Affected Building Structures/Houses Number of Affected Houses by Percentage Houses >20% Affected <20% Affected Total No. Area(Sqt) No Area(Sqt) No Area(Sqt) Total 8 196 2 41 10 237

81 For the compensation of loss of space occupied by squatters NHA has chosen the option to rehabilitate the land use losses suffered by AF with houses to be relocated with a land use loss allowance in cash. This solution is the most practical and the one which has been favored by the affectees who prefer cash in spite of other kind of compensation.

3.1.3 Impacts on Commercial buildings/structures

82 Overall there are 32 commercial buildings affected: 28 shops, 3 kiosks, and 1 set of boundary walls of the Mehran oil mill. Most of the buildings are Pucca. The impacts on these buildings are all on (in all 7,829 feet, 727 sqt) or boundary walls. The owners of these shops are encroachers and the land is already NHA property. Being encroachers Self relocation allowance is added in the cost of respective structures in Annexure IV.

Table 3.4 - Summary of the Affected Building Structures/Shops

Number of affected commercial structures by Percentage Structures >20% Affected <20% Affected Total No. Area(Sqt) No Area(Sq t) No. Area Rft Cost (Sqt ) Height (Rs.) Shops 28 672 - - 28 671 - 3,753,500

Oil Mill - - 1 56 1 56 10 421,800 Kiosks 3 ------Total: 31 672 1 56 32 727 - 4,175,300

3.1.3.1 Commercial buildings relocation needs

83 Of the above 32 business structures, 28 shops and 3 kiosks will be fully affected (either because they suffer more than >20% of or because after the impact the business cannot be anymore carried out). The remaining 4 buildings are only mildly affected and, as the business is not jeopardized they need no relocation (see in table 3.4 above). The owners of the 28 shops will be given a land use loss allowance while the owners of the 3 kiosks will be given only shifting charges and a self relocation allowance. Further details are available in Annexure-III.

3.1.3.2 Allowance for Loss of Land Use

84 There are 10 houses and 28 shops and 3 kiosks which have been encroached on NHA land. The owner’s of all these building will be treated as encroachers. Of these 8 houses and the 28 shops will have to be relocated and will receive an allowance for loss of land use. The remaining 2 houses and 3 kiosks will need no relocation and will not receive the allowance. As per entitlement matrix, if the house/building of an encroacher needs to be relocated loss of space use is addressed by the entitlement matrix as provision of a self relocation allowance, equal to one year income. In cases where the affected structure can be left in its original location or can be reconstructed within the ROW no allowance for loss of land uses will be given. By the results of physical surveys and field investigation these all above mentioned structures will be relocated and self relocation allowance is added in their compensation package. Self relocation allowance is added in the cost of respective structures in Annexure-III and in Annexure-Iv.

25 + Table 3.5 Allowance for Loss of Land Use (Transitional Period livelihood and transport)

No of Structure Estimated income Cost Cost (Rs. millions) 36 36x6,500 x 12 2,808,000 2.808

3.1.3.3 Relocation Allowance

85 Allowances for loss of land space use will be given only to 8 house and 28 shops which are 100% affected or affected >20% needs relocation. The allowance for loss of land space use is structures affected less than >20% needs no relocation. AP either losing a house or a business will be provided with an allowance for loss of land space use covering transport costs and livelihood costs for the transitional period based on minimal salary in project area. Based on the field survey/discussion with the APs the relocation allowance has been set at Rs. 20,000 covering Rs. 15,000 for a three months livelihood allowance plus Rs. 5,000 covering transportation expenses. The AF entitled to this allowance is listed in Table 3.6.

Table 3.6 Relocation Allowance (Transitional Period livelihood and transport)

Resettles (relocation assistance) Entitlements house Business Number 8 31 Livelihood Charges 8x15,000 31x15,000 =120,000 =465,000 Transportation/Relocation 8x5,000 31x5,000 Allowance =40,000 =160,000 Total 160,000 625,000

3.1.4 Community and Public Assets

86 3 public building are partially affected. These are Eid Gah, Union Council Office and Police Station. All these 3 structures are partially affected for less than 10%.No other impacts on public properties have been registered since they have been avoided to minimize impacts. It was found that no archaeological site or no other structure of religious or cultural importance will be affected.

Table 3.7 - Summary of the Affected COMMUNITY Buildings/Structures

Structures Number of affected commercial structures by Percentage 100% Affected >20% Affected <20% Affected Total No. Area(Sq t) No. Area(Sq t) No Area(Sq t) Area Rft Height Cost (Rs.) Eid Gah - - - 1 1,250 5 1,168,738 Union Council - - - 1 300 12 280,497 Police Station - - - 1 1,500 6 1,402,485 Total: - - - 3 3,050 - 2,851,720

3.1.5 Business Losses

87 The Following business losses have been estimated based on the income and period of business interruption (6 months for business re-establishment for permanent impacts). See details in Table 3.8 below.

26 Table 3.8 Business Losses

Business Entity No. Unit in Rs. Time Period (Year) General Business 32 7000 1 Kiosk 3 4000 1 Total 35 - -

88 All affected business are self managed and self financed hence they do not have any employees because most of business unit are small and based on sole proprietor ship.

3.1.6 Impacts on Trees

89 Most of the land to be acquired is at road edge and trees line is standing at a safe distance therefore comparatively less number of trees are falling in proposed RoW. No fruit tree is coming in RoW.

3.1.6.1 Impacts on Wood Trees

90 Data regarding forest trees has been collected through physical verification of its specification by type of trees. Trees have been classified as small (up to 20 years) medium (20-30 years), large (above 30 years) trees. These trees are Keekar, Peelo, Sharien, Date Palm, Sheesham, Poplar, and Euclyptus. The cost of each category of the trees have been developed by keeping in view the volume of (average) wood produced, quality of wood along with partial usage as fuel wood. This will be further verified by the Forest Department at compensation payment stage. Details are given below in Table 3.9

Table 3.9 Impact on Wood Trees and Costs

Sr.No. Trees Species No. Age Group Rate (Rs) Cost (Years) 1 Keeker 547 5-20 1,995 1,091,265 2 Eualptus 485 5-20 1,330 645,050 3 Peelo 7 5-15 4,655 32,585 4 Shasien 9 5-20 1,995 17,955 5 Sheesham 9 5-20 2,660 23,940 6 Peepal 1 20-above 1,330 1,330 7 Neem 1 20-above 2,660 2,660 8 Date Palm 18 5-20 3,325 59,850 9 Other 5 5-20 1,995 9,975 Total: 1082 1,884,610

3.1.6.2 Impacts on Fruit Trees

91 No fruit tree had been implanted along the road, therefore no impact on fruit trees.

3.1.7 Impacts on Crops

92 All along the road whole land is road shoulder and barren this whole land is NHA property and no agriculture on this land. Only fresh land to be acquired is for Shikarpur bypass.

93 These are 30 acres. The project fall in non perennial canal area and there are only two crops annually, one summer crop which is wheat and one winter crop which is rice.

27 Wheat and Rice are predominant crops of the Area. The agricultural year is divided in two seasons Rabi (the winter harvest) and Kharif (the summer harvest). Farmers annually get two crops one for winter and one for summer.

94 As it is assumed that each AF losing land and crops (land is self cultivated) will be affected for the entire agricultural year the compensation given to each AF will be based on the specific cropping pattern typical of his farm. According to entitlement matrix affected people will be given cash equal to market value of gross yield of affected land and net value for the crop loss. Based on these table 3.10 provides the value of crop compensation both at gross and net income rates for of each of cropping patterns described above. Finally table 3.11 indicates the number of AFs receiving standard crop compensation (calculated at gross income rates) based on the cropping patterns.

Table 3.10 Gross and net value of 1 harvest for each crop cultivated in 1 year in project areas

S. No. Crop Yield [Monds (40 Kg) x Rs.] Gross Income Net Income 1. Wheat 30 x 950 28,500 16,250 2. Rice 25 x 650 16,250 8,125 Crop compensation for the year 44,750 22,375

Table 3.11 Standard Crop Compensation No. Cropping Pattern Rate (Rs. X AFs Area (Acres) Total compensation acre) (Rs.) Gross Crop 44,750x30 = 1,342,500 1 44,750 compensation 52 30 22,375x30=671,250 2 Net Crop compensation 22,375

2,013,750 TOTAL

3.1.8 Severely Affected Families

95 All AFs affected by land losses lose more than 10% of their plots and therefore will be all considered as severely affected. Their number is 52. and the land area is 30 acres. According to the policy framework these AF will receive in addition to standard crop compensation (full market value of gross income from 1 year -2 crops harvest) one allowance equal to the full market value of net income from 1 year-2 crops harvest. Details are given in Table 3.12. Compensation has been estimated based on the prevalent cropping pattern in each specific project area. Gross market value for Rabi crop (winter crop) is 28,500/Acre and for Kharif (summer crop) is 16,250/Acre. Total amount of allowance for severely affected families is 1,342,500.

Table 3.12 Severely Affected Families and Compensation No. Cropping Pattern Rate (Rs. X Acre) Acres compensation (Rs.) AFs Number Wheat + Rice 44,750 30 44,750x30= 1,342,500 52

1,342,500 52 Total

28 3.2 AFFECTED FAMILIES (AF) / AFFECTED PERSONS (AP) CENSUS

96 Overall the AFs losing 52 of which all are land owners and their land is self cultivated by them. The affected population associated with these families is estimated 377 persons. All the families are basically in farming profession and majority is well settled on their farming areas.

97 Overall the AFs are 52 of which all land owners and their land is self cultivated by them. The affected population associated with these families is estimated 377 persons. All the families are basically in farming profession and majority is well settled on their farming areas.

Table 3.13 Affected Families (AF) by Land

Road Portion AFs Sukkur- Jacobabad Land owners Tenants Leasee Total AFs Total 52 ------377

Table 3.14 Summaries of Affected Families (AF) and Affected Persons (AP) No. Type of Impacts (x impact type) (absolute)* AF/Collective parties AF/Collective AP parties 1 Land Owners 52 52 377 (affectees by land and crop are same, no tenants or leaser) 2 Crops and trees 51 (included in1) (included in1) 3 Buildings / Structures i) Houses 10 10 70 ii) shops 28 28 246 Sub-tota 38 38 316 4 Public/ communal - - Not Applicable Buildings. 5 Business/ Employment - Loss (Included in 3 ii) (Included in 3 ii) Owner(General Stores) Kiosk 32 3 20 Sub-total 3 35 20 TOTAL 92 713 *Without double counting

98 Table 3.14 shows all the numbers of affected people. Land is cultivated by the people by themselves, that is why there is no tenant and leasee and businesses are also managed by the owners by themselves, a kind of sole proprietorship that is why the affected people by businesses structures and affectees by business losses are same.

3.2.1 Vulnerable APs

99 According to ADB guidelines, AF with woman headed families or below poverty level is counted as vulnerable people and need to receive a vulnerable people allowance corresponding to 1 month minimum salary in project areas (6,500 Rps). During the field survey no AF was identified as a women headed family. However all AFs were identified as living below the poverty line and therefore all of them will receive a vulnerable people

29 allowance of 6,500 RPs each. This amount is included in total compensation cost in Annexure iii and IV and in total budgeted cost

3.2.3 Impacts on Vulnerable People

100 According to Asian Development bank guidelines, AF with woman head families and APs who are handicapped are counted as vulnerable people. During the field survey no family are person identified as women headed or handicapped affected by the execution of the project but most of the AFs identified as living below the poverty line.

3.3 COMPENSATION BASIS

101 All components costs are aggregated to derive the overall costing of the houses and building structures accordingly. Price has been assessed on the basis of private construction cost prevailing in the area or as based on the currently notified construction rates per square feet. Project affectees are allowed to take the salvaged material of their building structures.

3.3.1 Compensation Unit Area Cost for House Building Structures

102 Buildings/houses losses will be compensated at the overall cost per square feet which has been developed and applied for costing purposes, which is based on the current market rates.

i) Pucca House structure = Rs. 750/- sq.ft. ii) Semi Pucca House = Rs. 590/- sq.ft iii) Mud House = Rs. 390/- sq.ft

103 Land for land option is not applicable for this project. Compensation costs are derived from the latest Government Notifications for the Building structures and all other costs are based on the existing market rates. Methodology used in preparing resettlement budget is for the convenience of the Project Affected Persons (PAP) and for the agencies involved in compensation. This is based on market prices of the area which have been collected through the field investigations and after consulting the concerned government departments, local government representatives, and the revenue and forest and the private real estate agencies and village elders. The special focus is to ensure fair and just compensation to the PAPs. In addition to the above price for the market value of the land to be acquired is topped up by 15% as the land acquisition is involuntary and compulsory as per provisions of law. All the rates applied to the land and land based assets have been assessed by the consultants as the prevailing rates applicable till 12th June, 2006. As such June 12th, 2006 is treated as the cut off date for all the land and land based assets quantification. Another important aspect of the assets is that all building structures have been constructed on the agricultural land. Afterward these rates are updated in March 2009 on basis of fresh market rates. For the business affectees the compensation is paid for the building structures partly affected due to the RoW. Most of the business affectees are having their self managed and self run business; hence they do not have any employees to be compensated.

104 Field surveys indicate that most AFs have plans to relocate and settle down in near-by areas owned by them or make adjustments/redesigning of the current building/house structures.

30 3.3.2 Assessment of Compensation Unit Values

105 The compensation rates assessment methodology for different items is as follows: (i) Land and structures shall be valued at the current market rate and replacement costs as assessed by DPAC. Market rates assessed by DPAC are annexed as Annexure 5. (ii) Houses/buildings will be valued at replacement value based on cost of materials, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs (iii) Annual crops will be valued at market rates at the farm gate for a full 1 year crop.

31 CHAPTER-4 POLICY, OBJECTIVES, ENTITLEMENT FRAMEWORK

4.0 GENERAL

106 Policy objectives under Land Acquisition and Resettlement Plan (LARP) are aimed to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position.

107 One of the main impacts of the project is by arising due to the acquisition of land. The project is committed to providing compensation to persons who loose their land and other property/businesses. The provisions of law that apply to such situation will be followed.

108 Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for development projects including compensation of the Project affectees’ assets. This has been supplemented through development of Land Acquisition and Resettlement Framework prepared by NHA and duly approved by ADB.

4.1 ADB’S INVOLUNTARY RESETTLEMENT POLICY

109 With the assistance of ADB a massive road development/improvement program has been launched, throughout country. ADB requirements regarding land acquisition, and resettlement applicable to such involuntary resettlement are to be fulfilled to ensure that affectees are well compensated for loss of land and land based assets. The ADB Policy on Involuntary Resettlement is based on the following principles:

• Involuntary resettlement is to be avoided or at least minimized. • Compensation must ensure maintenance of the APs’ pre-project living standards. • APs should be fully informed and consulted on LARP compensation options. • Compensation will be carried out with equal consideration to women and men. • Lack of formal legal land title should not be a hindrance for rehabilitation. • Particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous people’s (IPs) and ethnic minorities, and appropriate assistance should be provided to help them improve their status. • LARP should be conceived and executed as a part of the project, and full costs of compensation should be included in project costs and benefits. • Compensation/rehabilitation assistance will be paid prior to ground leveling, demolition, and in any case, before an impact occurs.

4.2 LEGAL AND POLICY BACKGROUND

4.2.1 Pakistan’s Law and Regulations on Land Acquisition and Resettlement

110 Although the 1894 Land Acquisition Act (LAA) with its successive amendments is the main law regulating land acquisition for public purpose. This has been variously interpreted by local governments, and some province has augmented the LAA by issuing provincial legislations. The LAA and its Implementation Rules require that following impacts

32 assessment/valuation effort, land and crops are compensated in cash at market rate to titled landowners and registered land tenants/users, respectively. The LAA mandates that land valuation is to be based on the latest 3 to 5 years average registered land sale rates, though, in several recent cases the median rate over the past 1 year, or even the current rates, have been applied. Due to widespread land under-valuation by the Revenue Department, current market rates are now frequently applied with an added 15% Compulsory Acquisition Surcharge as per provision of the law.

111 Based on the LAA, only legal owners and tenants registered with Land Revenue Department or possessing formal lease agreements, are eligible for compensation or livelihood support. The rights of titleless, are however addressed under the 1986 Punjab Jinnah Abadis for Non-proprietors in Rural Areas Act, which recognize to squatters the right to receive rehabilitation in form of a replacement plot. It is to be noted that this right has been sometimes extended in practice to include some form of rehabilitation in cash or in forms different from land. Projects such as Chotiari Dam, Ghazi Barotha Hydropower, and National Highways Improvement, have awarded compensation and assistance to unregistered tenants and other forms of AP (sharecroppers/ squatters).

112 It is also noted that the LAA does not automatically mandate for specific rehabilitation/ assistance provisions benefiting the poor, vulnerable groups, or severely affected APs, nor it automatically provides for rehabilitation of income/livelihood losses or resettlement costs. This however is often done in many projects in form of ad hoc arrangements based on negotiations between a specific EA and the APs.

113 As noted above, exceptions to the rule are intrinsic to the fact that the law is elastic and are broadly interpreted at provincial level depending on operational requirements, local needs, and socio-economic circumstances. Recourse is often taken to ad hoc arrangements, agreements and understandings for resettlement in difficult situations. Above is also influenced by fact that an amendment of the LAA has been considered necessary by Ministry of Environment. Accordingly, a National Resettlement Policy (NRP) and a Resettlement Ordinance have been drafted to broaden LAA provisions and current practices so as to widen the scope of eligibility and tightening up loopholes (i.e. regarding definitions of malpractices, cut-off dates, political influence on routing, etc.). But both these documents are still awaiting government’s approval for implementation.

4.2.2 Comparison of Pakistan’s Land Acquisition Act and ADB Resettlement Policy

114 Differences between Pakistan Land Acquisition Law (LAA) and ADB policy for land acquisition are outlined in Table 4.1 below.

Table 4.1: Comparison of Pakistan’s LAA and ADB Resettlement Policy Pakistan’s Land Acquisition Act, 1894 ADB Involuntary Resettlement Policy Land compensation only for titled landowners or Lack of title should not be a bar to compensation holders of customary rights. and/or rehabilitation, and non-title-holders are to be rehabilitated. Crop losses compensation provided only to Crop compensation is provided to landowners and registered landowners and lease/sharecrop tenants sharecrop/lease tenants according to their shares (Non-registered are often deprived). whether they are registered or not. Tree losses are compensated on the basis of Tree losses are compensated according to actual officially fixed rates by the Forest and worth of affected trees based on market rates. Agricultural/Horticulture departments. Land valuation based on the median registered land Land valuation is to be based on current replacement transfer rate over the previous 1 year before the (market) value and valued within 1 year before the notification of section 6. payment of compensation. Valuation of structures based on official rates, with Valuation of built-up structures is based on current

33 Pakistan’s Land Acquisition Act, 1894 ADB Involuntary Resettlement Policy depreciation deducted from gross value of the market value/cost of new construction of the structure structure. Land Acquisition Collector (LAC) is the only pre- Complaints and grievances are resolved informally litigation final authority to decide disputes and through community participation in the Grievance address complaints regarding quantification and Redress Committees (GRC), local governments, NGO assessment of compensation for the affected lands and/or local-level community based organizations and other assets The decisions regarding land acquisition and the Information related to quantification and costing of amounts of compensations to be paid are published land, structures and other assets, entitlements, and in the official Gazette and notified in convenient amounts of compensation and financial assistance places so that the people affected get aware of the are to be disclosed to the affected persons prior to same. project appraisal. No provision for income/livelihood rehabilitation ADB policy requires rehabilitation for measure, allowances for severely affected APs and income/livelihood, for severe losses, and for expenses vulnerable groups, or resettlement expenses incurred by the APs during the relocation process.

4.3 REMEDIAL MEASURES TO BRIDGE THE GAP

115 In principle, Pakistan Law and ADB Policy adhere not only to the objective of AP compensation, but also to the objective of rehabilitation. However, LAA amendments is unclear on how rehabilitation is to be achieved and in practice the provision of rehabilitation is left to ad hoc arrangements taken by local governments and specific project proponents. To clarify these issues and reconcile eventual gaps between Pakistan Law and ADB Policy, EA has prepared LARP for this Project, to (a) ensuring compensation at replacement cost of all items, (b) rehabilitation of informal settlers, and (c) provision of subsidies or allowances for APs that may be relocated, suffer business losses, or may be severely affected.

4.4 COMPENSATION ELIGIBILITY AND ENTITLEMENTS FOR THE PROJECT

116 Land Acquisition and Resettlement tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with Pakistan’s law/ regulation and ADB Policy. A summary of entitlements matrix is given in Table 4.2 below.

4.4.1 Eligibility

117 APs entitled to compensation or at least rehabilitation under the Project are: ƒ All APs losing land either with legal title/traditional land rights or without; ƒ Tenants and sharecroppers whether registered or not; ƒ Owners of buildings, crops, plants, or other objects attached to the land; and ƒ APs losing business, income, and salaries.

118 Compensation eligibility is limited to a cut-off date of 24th June, 2006 for this project as starting day of the AP census and impact assessment. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or sanction. Forced eviction will only be considered after all other efforts are exhausted.

4.4.2 Compensation Entitlements

119 Entitlement provisions for APs losing land, houses, and income losses and rehabilitation subsidies will include provisions for permanent and temporary land losses,

34 house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:

• Agricultural land impacts. These impacts will be compensated at replacement value in cash based on current market rates plus 15% compulsory land acquisition surcharge. Eventual transaction taxes/fees will be paid by the EA or waived by local governments. • Severe Agricultural Land Impacts. When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost (inclusive `of both winter (Rabi) and summer (Kharif) harvest). • Residential/commercial land impacts. These impacts will be compensated at replacement value in cash at current market rates free of deductions for transaction costs. Renters/leaseholders will receive an allowance corresponding to a 3 months rent. • Houses, buildings, structures damages. These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. The compensation will include the cost of lost water supply, electricity or telephone connections. When a House/building is affected for more than 25% (or less than that but is structurally damaged) it will be compensated in its entirety. • Income form crops losses. These impacts will be compensated through Cash compensation at current market rates for the full harvest of 1 agricultural season (inclusive of winter and summer crop). In case of sharecropping crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. • Tree losses: These impacts will be compensated in Cash based on the principle of income replacement. Fruit trees will be valued based on age category (a. not yet productive; b. productive). Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. Non-fruit trees it will be valued at dry wood volume basis output and its current market rates. • Businesses: compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (6 months); compensation for temporary business losses will be cash covering the income of the interruption period up to 6 months. • Business workers and employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months. • Agricultural land leaseholders, sharecroppers, and workers: Affected leaseholders will receive either a renewal of the lease in other plots or cash corresponding to the yearly crop yield of land lost for the remaining years of the lease up to a maximum of 3 years. Sharecroppers will receive their share of harvest at market rates (if impact is temporary) plus 1 additional crop compensation (if the land is lost permanently). Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the agricultural year (inclusive of both winter(Rabi) and summer (Kharif) crop).

35 • Relocation allowance: AFs forced to relocate will receive a relocation allowance sufficient to cover transport costs and extraordinary livelihood expenses living expenses for 1 month (Rs. 20,000). • Livelihood allowance. AFs forced to relocation will receive a livelihood • House renters: House renters who have leased a house for residential purposes will be provided with a cash grant of 3 months’ rent at the prevailing market rate in the area and will be assisted in identifying alternative accommodation. • Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions. • Vulnerable people Livelihood: Vulnerable people (APs below the poverty line and or widow, orphans, women household heads, landless etc.) will be given priority in employment in project-related jobs.

Entitlements Matrix

Asset Specification Affected People Compensation Entitlements All land losses • Cash compensation for affected land at replacement cost independently from Farmer/Titleholder based on market value plus a 15% Compulsory Land impact severity acquisition surcharge and free of taxes, registration, and transfer costs Leaseholder/tenant • Cash equivalent to market value of gross yield of affected Permanent (registered or not) land for the remaining lease years (up to a maximum of 3 impact on years). Arable Land Sharecroppers • cash compensation equal to market value of lost harvest to (registered or not) be shared with landowner based on the sharecropping contract Agricultural workers • Cash indemnity corresponding to their salary (including losing contracts portions in kind) for the remaining part of the contract. Squatters • 1 rehabilitation allowance equal to net market value of 1 harvest in addition to standard crop compensation) for land use loss. Additional Farmer/Titleholder • 1 severe impact allowance equal to net income from a 1 year provisions for Leaseholder harvest (iwinter and summer crop) additional to standard crop severe impacts compensation. (More than 10% of Sharecroppers • 1 severe impact allowance equal to market value of share of land loss) (registered or not) harvest lost (additional to standard crop compensation) Squatters • 1 severe impact allowance equal to net value of harvest of the affected land for one year (inclusive of winter and summer crop and additional to standard crop compensation) Residential/ Titleholder • cash compensation for affected land at full replacement cost Commercial free of taxes, registration, and transfer costs Land Renter/Leaseholder • Three months allowance Squatters • Accommodation in a government resettlement area or self- relocation allowance: a) provision of a plot property in public resettlement area; b) provision of a plot leased in a public resettlement area; and c. provision of a loss of land use space covering1 year of livelihood. Building and All APs • Cash compensation at replacement rates for affected Structures (including squatters) structure and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure. Crops Crops affected All APs (also squatters • Crop compensation in cash at full market rate for 1 year harvest (inclusive of winter and summer crop) by default. Trees Trees affected All APs (also • Cash compensation at income replacement.

36 Asset Specification Affected People Compensation Entitlements squatters) Business/ Temporary or All APs (also • Business owner: (i) Cash compensation equal to 6 months Employment permanent loss of squatters) income, if loss permanent; (ii) cash compensation for the business or business interruption period up to 6 months, if loss temporary. employment • Worker/employees: Indemnity for lost wages up to 6 months. Relocation Transport/transition All APs so affected • Provision of a relocation allowance of (Rs.20,000) covering livelihood costs (including squatters) transport costs (Rs. 5,000)and a livelihood allowance of Rs. 15,000 covering livelihood costs. Communal • Rehabilitation/substitution of the affected structures/utilities assets Vulnerable AP under poverty line • One special allowance of Rs. 6,500 AP • Employment priority in project-related jobs.

37 CHAPTER-5 COMMUNITY PARTICIPATION, CONSULTATION AND LARP DISCLOSURE

5.0 GENERAL

120 This section deals with public consultation sessions held with the different stakeholder groups that are likely to be affected by the implementation of the Project. The consultation process was carried out as per the guidelines of ADB and EPA. The consultation and public disclosure was undertaken in two phases first at the preliminary stages while collecting the base line socio-economic data for the project area and project affectees. Subsequently a LARP was developed based on the findings of the preliminary investigations on socio-economic and public consultation process. This was followed by another chain of sessions focused specifically on the LARP disclosure to the affectees. First part of this section is covering the consultation process and its objectives whereas second section is specifically addressing the LARP disclosure to create awareness among the affectees regarding their entitlements and compensation payment procedures and grievances redressel mechanism. All these aspects are briefly given below:

121 This consultation process had the following objectives:

1. Share information with stakeholders for the project and expected impacts on aspects of affectees of corridor; 2. Understand stakeholders’ concerns regarding various aspects of the Project, including the existing condition of the upgrading requirements, and the likely impact of construction related activities and operation of the improved highway; 3. Provide an opportunity to the public to influence Project design in a positive manner; 4. Obtain local and traditional knowledge, before decision making; 5. Increase public confidence about the proponent, reviewers and decision makers; 6. Reduce conflict through the early identification of controversial issues, and work through them to find acceptable solutions; 7. Create a sense of ownership of the proposal in the mind of the stakeholders; and 8. Develop the proposal which is truly sustainable.

5.1 IDENTIFICATION OF MAIN STAKEHOLDER

122 During the field survey, significant efforts were made to identify the possible categories of stakeholders and their stakes. During the field survey different stakeholders identified were the villagers, local residents, government officials, shop owners, public representative, NGO’s and general public. All those stakeholders had different types of stakes according to their professions.

5.2 SCOPING SESSIONS

123 A series of scoping sessions and focus group discussions were also carried out with local communities and local government representatives. The meetings were held at various locations.

124 Generally, people were found to be aware of the need of the Highway, and indicated their support for the present NHA Project. Local communities demanded that they

38 should be part of a continuous consultation process with other stakeholders at different stages of the Project including the design, construction, and operational periods. The scoping sessions were carried out according to the schedule indicated in Table 5.1.

Table 5.1 Schedule of Scoping Sessions No. Date Time Location Participants 1 13th June 03:00 pm Project introduction 12 2006 suggestion of stakeholders

2 13th June 05:00 pm Project introduction 9 2006 discussion on compensation package with affectees 3 13th June 10:30 am Project introduction 10 2006 suggestions regarding road safety 4 13th June 03:00 pm Project introduction 18 2006 compensation package with affectees 5 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees 6 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees 7 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees

Topic Discussed are as follows:

• Project introduction & Suggestions of Stakeholders • Compensation package for affected persons • Land acquisition related matters • Compensation Package with the Affectees • Resettlement issues • Compensation in cash and in time • Road Safety aspects

5.3 STAKEHOLDERS’ CONCERNS

125 The most common concerns raised during the meetings are listed herewith:

(a) Highway Design

• Provide underpasses; • Overhead bridges at existing Link road crossings; • Improve general standards of construction; • Construct median in the centre of road for the safety of moving traffic. • Provide drain for run-off from water at the both side of the road. • Plant trees along the highway that could reduce air and noise pollution.

(b) Highway Construction

• Induct local labour into the construction workforce as far as possible to avoid social conflict between the migrant labour and local communities; and

39 • Provide proper diversion for the traffic during construction to avoid traffic congestion and related hazards.

(c) Highway Operation

• Ensure that cross-drainage pipes and culverts are constructed/connected regularly cleaned; and

5.4 PROPOSED MEASURES FOR INCORPORATING THE STAKEHOLDERS’ CONCERNS

(a) Highway Design

The contractors and design consultants will include the following environmental and safety provisions in the project design under the Project:

• Under passes, bridges and interchanges will be located at appropriate and possibly shorter distance; • A tree plantation Programme to compensate for the anticipated loss of vegetation during the construction activities, and to help abate pollution caused by emissions, dust, and noise during highway operation; and • Drainage system will be provided to control surface runoff.

(b) Highway Construction

The following measures will be carried out in order to protect surrounding communities from the expected impact of construction:

• Project construction will be located at a minimum distance of 500 metres away from existing settlements and built-up areas. In order to avoid restricting the mobility of local people, construction vehicles will remain confined within their designated areas of movement. • Sensitivity towards local customs and traditions will be encouraged to minimize social friction. Good relations with local communities will be promoted by encouraging contractors to provide opportunities for skilled and unskilled employment to locals, as well as on job training in construction for young people.

5.5 CONSULTATION MEETINGS AT VILLAGE LEVEL

126 Consultation Village meetings have many uses in participatory development, including information sharing and group consultation, consensus building, prioritizing and sequencing of interventions and collaborative monitoring and evaluations. Concerns raised during the preliminary village meetings have been given in Table 5.2.

5.6 LARP DISCLOSURE PROCESS

127 After suggesting the possible solutions of the stakeholders’ concerns as mentioned above in the preliminary village level meetings. This was followed up with solutions as per provision of LARP and for which LARP disclosure was made with the stakeholders and general public. LARP report is being made accessible to all concern parties and its brief broachers (Annexure-V) in local language as a LARP broachers were developed and distributed among the participants. The salient features of LARP covering entitlement matrix, grievance redressel mechanism and monitoring aspects are translated in Sindhi and

40 Urdu language for all the end users. This report is being put on the ADB website and on NHA website as well. This report will be available in the nearest public library, local government offices as well.

41 Table 5.2 Scoping Sessions - Village Meetings and the Concerns

Village Total S. No of Name/ House Population Date Main Concerns Expectations No Participant Venue hold Dykes should be along the road. Service Economics opportunities for the Road Should be provided. During road people of area. Employment Cattle Colony 1 40 450 13.06.06 25 construction the chance of accidents opportunity for the people of area. Sukkur increases it should be avoided by stopping Transport Facility will be improved. heavy traffic during construction. Village Proper Bus Bays should be constructed. Transport Facility will be improved. 2 Manzor 50 400 14.06.06 20 Village Laborer should be hired during Mehar construction Provision for Cattle crossing. Under pass Better transport facilities. Lakhi Town should be constructed. Waiting room with Employment opportunities will occur 3 50 500 15.06.06 20 proper facility of water and lavatory should be during construction. Travel time will constructed at bus stands be reduced. Dust Pollution During Construction. Labor Better transport facilities. It will Jahan Khan should be hired from our village. Service road generate employment opportunities 4 300 3000 16.06.06 40 should be constructed. during construction period. Travel time will be reduced. Hamayon Accidents Chances will be increase. Service Unemployment will be decrease 5 50 750 16.06.06 25 road should be constructed. Level of both .Patients would easily go to big roads should be kept same. cities for treatment. Road should be constructed on the same We will enjoy better transport Abad ROW .Dust or Noise pollution should be facilities. Business facilities will be 6 300 6000 16.06.06 30 avoided. Govt. should give consideration to generated. Better transport facilities water problem too, for the area. will be available. Service road should be provided. Sign board We will enjoy better trans port should be provided along the settlement and facilities. Business facilities will be 7 Bagrari Pull 60 800 16.06.06 20 school. Proper arrangements should be done generated. Better transport facilities to avoid construction hazards. will be available. Waiting sheds with water and lavatory People will be able to reach big facilities should be provided. Speed breakers cities easily. Trend for migration 8 50 300 17.06.06 10 Should be constructed to break the speed of from village to big cities will be

fast moving traffic in the population centers. reduced.

38

Bypass Should be provided to avoid People will be able to reach big population resettlement .Houses and shops cities easily. This road will link the should not be dislocated .Compensation people of two provinces. Economy Village Mad should be given before demolition. Business of the area will be boosted village at 9 Ghosa 100 1000 17.06.06 40 should be disturbed .Village will be ruin .We people will never migrate to big

don’t want to leave our society and culture. cities We have no trust on govt Agencies. Masque Khudabad should be saved. Land should be acquired from the other side Different kind of conveyances will be of the road where their is no settlement and available. Different kind of industries agriculture land. These house which are going will be installed. Village Punjal to demolish are our whole life earning. We all 10 Sheikh 150 1800 17.06.06 25 are poor farmers and not in position to

construct new houses. They have not got land in near vicinity. Mosque should not be shifted because people are highly sensitive about it. Sharps curves should be avoided. Signboards Better transport facilities will be Lodhran should be installed along the public property. available. 11 600 6000 18.06.06 15 village Median wall should be constructed between service lane and main road. Fair and proper compensation should be Business facilities will be generated. given .Compensation should be given well in Better transport facilities will be time, footpath should be constructed along the available. road. Fast speeding should be prohibited near 12 Malhi Ghoth 35 500 18.06.06 30 the villages. Proper sign boards should be installed along the road. Culverts should be constructed to avoid the accumulation of rain water on the road along row. Separate service lane should be constructed for local traffic. Village Fair and proper compensation should be It is good for the economic and 13 Manzor Khan 250 2000 19.06.06 20 given .Compensation should be given well in social life of the area. Road will Panwar time. provide easy access to market.

39

People of the area are facing many economic Economic activities will boost up hardships govt should announce a compensatory package for them. Proper Sardar Adim system and place should be marked for 14 150 2000 19.06.06 25 Khan Panwar boarding and dropping of passengers for public transport. Proper system of drainage and cleanliness of the road should be introduced. Under pass or over head bridge should be Better transport facility will be constructed. Proper bus stand should be available .better chance of Haji Jhandro 15 250 2500 19.06.06 20 provided. There should be tree plantation employment will be available during Village along the road to avoid the air pollution. construction and after construction roadside business will be generated. A proper system to cater the rain water should Better transport facilities will be be constructed for better drainage along the available. Village road .Overloading should be checked .Traffic 16 200 2500 20.06.06 25 Soomro Ghot police should be posted to regulate the traffic. Carts and tongas should not be allowed on the road. Fair and proper compensation should be Better transport facilities will be 17 Ahmed Pur 400 6400 20.06.06 40 given .Compensation should be given well in available. time. Waiting sheds with water and lavatory It is good for the economic and 18 Village Kaher 20.06.06 15 facilities should be provided. Bus bays should social life of the area. Road will be constructed U turn should be provided. provide easy access to market. Accidents Chance will be increase. Under Better transport facility will be pass should be provided. Service road should available. Better chance of 19 Malhi Ghoth 35 900 21.06.06 10 be provided employment will be available during construction and after construction roadside business will be generated. Ghot M. Fair and proper compensation should be It is good for the economic and 20 Ibraheem 40 3000 21.06.06 20 given. Compensation should be given well in social life of the area. Road will Sheikh time. provide easy access to market.

40 5.7 LARP PUBLIC DISCLOSURE MEETINGS AND ITS FINDINGS

128 Public meetings were held with the view to disseminate information about the ‘Entitlement Package’ designed for the Project Affectees (PAs) and solicit their viewpoints to refine this package. Table 5.3 presents details about the date, time, venue of public meetings and participants from different Project affected villages. Details of this question answer session are given as per Annexure-ii.

Table 5.3: Public Disclosure Meetings for LARP Entitlement Matrix Sr. Date Time Location/Village Tehsil Participants No. (hrs.)

1 22.4.07 10.00 am Tanon Khan Sukkur 30 2 22.4.07 4.00 pm Ghat Abdullah Sher Lakhi 32 3 23.4.07 10.00 am Ghat Sultan Kot Shikarpur 40 4 23.4.07 4.00 pm Ghat Punjab Sheikh Shikarpur 28 5 24.4.07 10.00 am Ghat Master M. Ibrahim Jacobabad 50 Total: 180

129 After dissemination of LARP Entitlement Matrix (contained in the brochure attached herewith), the following common issues were discussed in the form of question and answer session (including comments, suggestions of the PAs) in all the affected villages and responses given to various questions of the APs are summarized as below:

(i) Access to culturally relevant sites will be preserved; this has been well considered in the design. (ii) The only alternative to kacha tracks will be underpasses, which will be provided at appropriate location in relevance to existing tracks/routes to facilitate communication. (iii) All the construction work will be confined within the proposed Right of Way (RoW). (iv) Payment will be made as per Land Revenue Record. This record is being updated in consultation with the affectees of the Project Area. However, final payment will be made after detailed measurements of the affected land and the updated record of ownership by the Land Revenue Department. (v) All the payment will be made prior to commencement of construction work. (vi) Land for Land compensation is not feasible due to its long strip extending into different areas. (vii) Compensation for fruit trees will be made on scientific basis considering a number of factors such as type, age, production per year etc. For non-fruit trees, compensation will be made according to market value based on volume of wood produced by these trees. (viii) If the remaining land becomes useless and inaccessible then it will be compensated as per market value plus 15 per cent for compulsory land acquisition. (ix) Cash compensation will be made at replacement rates for affected structures and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts, full cash assistance will be made to restore the remaining structures. (x) If chunks of remaining land are small enough that make cultivation difficult or impossible, compensation will also be made as per market value.

41 (xi) The start project construction is the beginning of year 2008 after payment of compensation has been made. The proposed Project will be completed by the end of the year 2010. (xii) The interchanges will be provided at required places such as population centers. Underpasses will also be provided at the routes providing common access to a number of villages. (xiii) The Land Revenue Record is being updated in consultation with the Project Affectees. (xiv) Borrow materials will be taken from such areas where there is an agreement with the land owners for the purchase or lease of such lands. Final locations will be decided by the Contractors in consultation with the Construction Supervision Consultant. However, these areas will be located away from the features such as roads, buildings, watercourses population centers etc. Necessary mitigation measures will be taken to reduce air, noise pollution. (xv) Since courtyard with its structures is a part of the house, cash compensation for the affected land will be made at full replacement cost, which is free from taxes, registration or transfer costs. (xvi) Cash compensation will be made depending upon the market values of different types of land. In case of agricultural land, extra 15 per cent will be paid for compulsory land acquisition. For residential and commercial lands, payment will be made at full replacement cost. All these costs will be free of taxes, registration and transfer costs. (xvii) Agricultural lands will be categorized according to their qualities of fertility village wise. Fertile land will be paid more as compared to arid and barren lands. Commercial lands and land attached to the villages will be treated as residential land and will be paid off accordingly at present market value not on average price of revenue record. (xviii) In case of severe impact allowance will be paid equal to net market values of farm crop of the affected land. It will be paid for one year crops (one rabi & one kharif crop) in addition to standard compensation for loss of houses. (xix) All important infrastructures will be restored by providing culverts, bridges, flyovers & underpasses. (xx) When the list of inventory will be finalized and draft report will be compiled it will be displayed at nominated places like District Coordination Officer (DCO) office, District Nazim Office public libraries and copies will be given to public representatives. These people can check their inventories and in case of any problem/variation they can give application to Grievance Redressal Committee (GRC) in their respective areas. (xxi) Farmers will be paid compensation for all their assets including trees, houses, tube wells etc. (xxii) In case of disputes among shareholders of land the payment will be deposited in the court of law as and when the decision is made it will be paid by the court accordingly. (xxiii) Service road will also be provided on both sides of the road wherever feasible. (xxiv) The tenants will also be paid for their assets. (xxv) In case of agricultural land, cash compensation will be paid to lease holder which will be equivalent to market value of gross yield of affected land for the remaining lease years (upto a maximum of 3 years). In addition, severe impact allowance, equivalent to net market value of harvest of the affected land will be paid for one year crops (one winter crop & one summer crop) along with standard compensation.

42 (xxvi) For residential/commercial buildings affectees, three months allowance will be paid. (xxvii) For houses/structures, cash compensation will be given at replacement rates. It will be free of salvageable materials depreciation & transaction costs. (xxviii) Cash compensation will be made for loss of trees at income replacement. (xxix) The payment for each asset to be lost within the proposed RoW will be made in full. (xxx) Compensation for the land will be paid to the owner; however occupant/ tenant would be paid compensation for one year crop. During the construction phase. In addition preference will be given to local people for jobs in all categories such as skilled, semi- skilled, labour etc. This action would be done in collaboration with the construction contractors. (xxxi) All the assets to be lost will be quantified, measured and evaluated by the respective departments (Buildings Department, Forest Department, Agriculture Department and Revenue Department) for payment of compensation. (xxxii) The existing routes will be both restored and elevated in the form of underpasses and flyovers. (xxxiii) Compensation will be made at market value irrespective of what is mentioned in the Land Revenue Record.

43 CHAPTER-6 INSTITUTIONAL FRAMEWORK

6.1 ORGANIZATIONAL SETUP

130 The compensation/rehabilitation Program described in this LARP involves distinct processes and different agencies. These include NHA as the EA, the Ministry of Environment, the Asian Development Bank (ADB) and the affected communities.

(i) A Resettlement/IP Specialist to be hired at the PIU to take care of daily LARP tasks and coordinate with Consultants and LARU. (ii) A Resettlement Specialists team to be hired under the Consultants contract. It will assist in LAR planning/implementation, internal M&E, and training of concerned staff on impact assessment and ADB resettlement policy requirements; (iii) An independent agency (A NGO, an academic institute or a consultant) to be hired to conduct periodic monitoring and evaluation/ 3rd party validation of LARP implementation.

6.1.1 National Highway Authority (NHA)

131 NHA has overall responsibility for the Program including preparation/ implementation and financing of all LAR/IP development tasks and cross-agency coordination. NHA will exercise its functions through the Project Management Unit (PMU) established for all ADB financed project at headquarters which will be responsible for general project execution. The PMU will be paralleled at field level by the Project Implementation Units (PIU) in N-65 field office which under the direction of the project Director (PD) will be tasked with day-to-day Project related activities at agency/subproject level. LAR/IP development tasks will be dealt with by the Land Acquisition and Resettlement Unit (LARU), to be located under the Social Development and Environment Directorate (SDED) at NHA headquarters in Islamabad. This unit tasks include supervision and internally monitoring of LARP preparation and implementation (including surveys, structural valuation, and community consultation), LAR-related cross-agency/inter-departmental coordination, and LARP approval. In the implementation of these tasks the LARU will receive specific technical assistance from the followings:

6.1.2 District and Provincial Governments

132 District-based agencies have the jurisdiction for land administration and compensation and for the compensation rehabilitation of other affected assets. Land acquisition functions rest with the Provincial Board of Revenue represented at District level by the District Coordination Officer (DCO)/Land Acquisition Collector (LAC) and District Revenue Office (DRO). Several other staff members of the Revenue Department, most notably the Quanogo and Patwari, (records keeper) carry out specific roles such as titles identification and verification of the ownership (see Figure 6.2, 6.3). The compensation rates will have to be approved by a District land Valuation Committee (LVC) and in turn will have to be confirmed by the Board of Revenue Office at Provincial level.

133 Functions pertaining to compensation of assets different from land rest on Provincial line-agencies and their District level offices. Buildings compensation pertains to the Communication & Works Department (C&WD), Crops and Fruit trees compensation pertains to the Department of Agriculture and the compensation for wood trees losses pertains to the Department of Forestry. The Office of the Nazim (the elected District head) is expected to play a coordinating role and will represent the rights of the local citizens.

44 6.1.3 Contractors

134 The construction contractor will also nominate one liaison officer to coordinate with the PIU and other relevant offices on matters relative to possible impacts occurring during project implementation and to coordinate on employment opportunities for the APs in construction works. Its key roles and responsibilities are to collaborate with the PIU and the implementation consultants in the following activities: ¾ Verify the loss of infrastructures and other assets of APs due to project implementation and ensure their compensation; ¾ Determine/review the replacement cost for all kinds of loss occurred; ¾ Hold consultation meetings with the affected people;

6.2 COORDINATION INITIATIVES

135 The agencies and officers/officials identified above will work in close coordination to obtain effective, smooth and timely AP compensation and LARP implementation. To this purpose a LAC will be directly assigned to the PMU by the Board of Revenue and 2 coordination/consultation committees will be included at the top and bottom levels of the LAR organization as follows:

1) A LAR Steering Committee (LSC) 2) A LAR Coordination Committee (LCC)

(i) A LAR Steering Committee (LSC) To be established soon after Program approval at provincial level to ensure that all relevant agencies involved in LAR and compensation and rehabilitation are:

(i) fully informed of this LARP’s and ADB Policy’s requirements and (ii) Assist NHA in the preparation/implementation of needed LARP at Project level by providing district-level offices with the directions needed to ensure effective synergy and task coordination between NHA, LACs and relevant District departments. The LSC will include high-level representatives of:

a. NHA Management; b. the Planning and Development Department (PDD); c. the Board of Revenue; d. Relevant Provincial departments and e. The Environmental Protection Agency (EPA). (Figure 6.2).

136. The LSC will meet periodically to ensure that NHA/PMU, the consultants, the LACs, other district agencies and the office of the relevant Nazims work together in the preparation of the LARPs and in the execution of AP consultation. A function of the LSC will be to ensure the timely formation of effective district-level LAR Coordination Committees (LCC).

Figure.6.1: Organogram: LAR Steering Committee

Provincial Planning Board of Relevant EPA NHA & Development Revenue Departments (Member) Management Dept. (ember) (Member) Agricultural, (Coordinator Building, member) Forest (Members)

45 (ii) A LAR Coordination Committee (LCC) to be formed in each relevant district to provide a coordinating node for the preparation/implementation of LARPs (surveys execution, assets valuation, AP consultation, and local approval of LARP provisions) and complaints and grievances. The LCC formation will be supported by the LSC and initiated by NHA’s PMU/PIU before the beginning of project preparation activities in a specific District. The LCC will include representatives of the PIU, of the DRO/LAC, of other concerned district departments, of the Nazim’s Office, and of the local Union Council/s (Figure 6.2). The main function of the LCC will be that of ensuring that LARP preparation and implementation is carried out as one shared task by all involved parties. The LCC will also provide a forum where NHA, local government agencies and the APs can confront their views on various LAR-related matters. One of the areas where LCC will play this role is complaints and grievances. In this function the LCC will hear the complaint, and if found justified will support its lodging at the PMU. The working mechanism and PMU functioning is description in Figure 6.3.

Figure 6.2: Organogram: LAR Coordination Committee

District Nazim/s Districts Revenue Relevant Union Council PMU/PIU Office Office District (AP’s reps.) NHA ( Member) (DORs/LACs) Departments (Member) Member (Member) (Members) coordinator)

Figure 6.3 LAR Organogram and Action

Environmental Protection Agency

LAR STEERING COMMITTE

LOCAL GOVERNMENT PROVINCE NHA

Board of revenue Other Departments Land compensation PMU District Nazim Respective District Coordination Office (DCO) District Departments District - Land Acquisition Collector(LAC) Agriculture, Building, Forestry PIU - Local land records keepers: (Quanungo, Girdawer, Patwaris) Thesil Nazim Respective Tehsil Other Compensation LAR COORDINATION COMMITTE Union Councils Respective U.C

Complaints and Grievances

Administrative Function APs Coordination function

46

CHAPTER-7 IMPLEMENTATION OF LARP

7.0 PROCESS OF RP IMPLEMENTATION

137 The implementation process of LARP will be commenced during the Second quarter of the Year 2009. The formation of the Resettlement Advisory Committee (RAC and the hiring of the PIU resettlement Specialist will be completed shortly. The project will provide adequate advance notice to the APs and will pay their due compensation for resettlement including relocation and income restoration/assistance prior to start of construction work. All activities related to land acquisition and resettlement will be completed prior to award of civil works contract.

7.1 LAND ACQUISITION

138 The Committee including administration, Revenue Department and NHA has finalized the prices for land acquisition (by category of land) and shortly the process of land acquisition will be started for the proposed new highway. It is expected to formalize the acquisition process quickly with the support from political administration and priority given to the Project by the government. Tentatively, the process of land acquisition in the project will take three months.

139 The land-strip required for the proposed project will be acquired on market price. It is expected that land will be acquired in lesser time because people are willing to sale land on market price. The compensation for land, structures and other assets will be compensated at replacement cost. Board of Revenue has approved the land prices, which is same as mentioned in LARP report.

140 The total amount of land acquisition has been deposited by NHA to Revenue department. That will then make payment of compensation money to the entitled people in the project area. Then, the revenue department will take possession of the acquired lands and hand over to NHA, for starting construction works of the Project awards. Payment of compensation will be made at least 30 days (one month) prior to the actual possession of the acquired lands. Contract award will be given to contractor after September 2009. No land will be possessed without full payment of due compensations to the affected people. However, in case of a dispute, the amount of compensation will be pledged in the names of the concerned APs.

141 A detailed implementation schedule will be prepared for the LARP, which will include the specification of the sequence and time frame of the necessary activities for land acquisition, release of funds to the acquiring agency, payment of compensation for various categories of loss and relocation, demolition of structures and transfer of land, grievance redress, and monitoring and evaluation.

142 The preparation and implementation of LARP and timeframe are summarized in Table 7.1 given below.

47 Fig 7.1

Expected Implementation Schedule of the LARP

EXPECTED IMPLEMENTATION SCHEDULE OF THE LARP Responsible 2008 2009

Secondary Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep EALS

HA EALS *

NHA LARU

NGO

NGO

NGO

Contractor

or PD

48 7.2 CLEARING OF THE ROW FROM STRUCTURES/ASSETS

143 Before clearing of the ROW, Payment of compensation for other losses such as the structures (houses, shops, etc.), assistance for restoration of houses, shops, income loss, etc., will be paid directly by the LAC of NHA for the proposed Project. The Resettlement Specialist will be hired by NHA for PIU to assist in the LARP implementation process.

144 The APs of affected structures/assets (houses) will be paid their due compensations at least one month (30 days) prior to demolition of the structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses

145 In addition, the NHA will play an active leading role in:

a) Assuring that the amounts of money assessed and finally approved for b) compensation/ financial assistance are paid to the genuine APs, well in advance to:

• actual possession of land and/or clearing of ROW, and • Award of contracts for the civil works under this Project.

c) Hiring and managing NGO/Consultants for providing technical assistance in LARP implementation. d) Making necessary arrangements and assuring active participation of all the concerned officials and field staff in the training courses on the Resettlement Policy and Practices and/or plan Implementation. They will include:

• LARU under Project Directorate (NHA); • Project NGOs/ Consultants

146 The NHA will hire a consultant for PIU to help in the implementation of LARP. The selection of consultant must be made with utmost care. The consultant must be familiar with the sensitivities of the rural culture and should be able to communicate in the Sindhi language. The person should have sufficient experience on resettlement planning and implementation issues.

49

Figure 7.2

NATIONAL HGIHWAY AUTHORITY SUKKUR-JACOBABAD (N-65) LARP Preparation-Implementation-Monitoring and Evaluation Schedule ARP Implementation Schedule

Year 2007 Year 2008 Year 2009

Oct Nov Dec Jan Feb Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep

NHA/Consultants uired District Coordination sub- Officer/EDO/Respective District/Revenue PARATION ed assets NHA/Consultants NHA/Consultants n Consultants Revenue Department NHA/ADB

NHA/Consultants

NHA

No Activity No Activity e Revenue Department

Aggrieved Affectees/NHA Revenue Department ps Revenue Department NHA/ADB assets Revenue Department

ADB/NHA

NHA

50 CHAPTER-8 GRIEVANCE REDRESSAL MECHANISM

8.0 GRIEVANCE REDRESSAL/RESOLUTION MECHANISM

147 During the implementation stage of the LARP, it is likely that affectees have some grievances. The AF/AP must have access to a grievance redressal/ resolution mechanism that can investigate charges of irregularities/ ambiguities and complaints received from the affectees and provide an early resolution. Thus a Grievance Redressal Committee (GRC) will be created and established at each District level at Sukkur, Shikarpur and Jacobabad, which will look into all the grievance cases. This GRC will be composed of the representatives of (i) BoR/LAC/Collector; (ii) NHA and (iii) the affectees’ representative.

148 Usually when the list of EPs and their entitlements is finalized by NHA, it will be forwarded to the Revenue Department/LAC. It is likely that there may still remain some EPs claims that require verification. Under such circumstances if required, the following proofs may be used to verify EPs status:

¾ Copies of land titles, mortgage deeds, revenue receipt or other legal tender showing land ownership or tenancy, ¾ In case of tenant-farmed or rented land, documentary evidence of the understanding between the landowner and the tenant (if any), if available, ¾ Rent receipts in case of rented properties, ¾ Wage records in case of wage employment; and ¾ For proof of residence, voters’ lists or any other official membership records with banks or cooperative societies, if available.

149 Wherever, necessary, GRC will review these records, along with the implementing agency and monitoring agency to verify the status in order to arrive at a decision.

150 The main objective of the grievance redressal procedure will be to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructure projects. It will also provide a forum of people who might have objections or concerns about their assistance and address these issues adequately.

151 NHA Deputy Director Site Office will nominate one Assistant Director (AD) as the member-secretary of the GRC and shall act as the Project’s Grievance Officer (PGO). He will review the case on merit and address the problem in accordance with the standing rules/procedures applicable to such grievances. In the event that PGO is unable to reach an agreement on asset valuation and compensation with the affected household/business, such cases will be referred to GRC. Further negotiations regarding compensation will be based on the recommendations of GRC. GRC will meet at least once every fortnight to review & consider the cases on merit and take a decision. This decision of GRC will be the final. The GRC will deliver its decision within two weeks of registration of the case. If no understanding or amicable solution can be reached, or if the affected person does not receive a response from the GRC within two weeks of the registry of the complaint, he/she can appeal to the Director NHA, through site office, who should act on the complaint/grievance within two weeks of the day of its filing. If the affected person (s) is not satisfied with the decision of the Director, then the difference will be settled through arbitration. The arbitrator shall be appointed in such a manner as may be agreed upon between the affected person (s) and NHA. The arbitrator must be a person of credibility, integrity and having command over law

51 and he should posses’ decision making ability in accordance with facts, law and circumstances. He should be a person in whom both the parties have trust and should belong to the local area. The award made by the arbitrator shall be final in general. In case the grievance redressal is not possible up to the arbitration level then it can be referred to higher authorities / relevant Government departments for its resolution. As a last resort he / she may submit the complaint to a court of law.

152 Affected persons will be exempted from all administrative and legal fees incurred due to the grievance redress procedures. All complaints received in writing (or written when received verbally) will be documented.

8.1 COMPLAINTS AND GRIEVANCES

153 A grievance mechanism will be available to allow an AP appealing any disagreeable decision, practice or activity arising from land or other assets assessment, acquisition, compensation. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, assessment survey, and time of compensation. Care will always be taken to prevent grievances rather than going through a redress process. This can be obtained through careful LAR design and implementation, by ensuring full participation and consultation with the APs, and by establishing extensive communication and coordination between the community, the PMU, the LAC and local governments in general.

8.2 DISBURSEMENT OF FUNDS

154 As finances will move differently for (i) land and (ii) other items compensation or rehabilitation (in the first case funds will move from NHA through the District Coordination Officer/Collector Office to the APs, while in the second case funds will be disbursed directly from NHA to the APs), Consequently two different services will be involved in disbursement of funds i.e. Land Acquisition and Resettlement Unit (LARU)/LAC and NHA. Complaint & Grievances will be addressed through 2 different processes as described in Table 8.1.

TABLE 8.1: GRIEVANCE RESOLUTION PROCESS Land/crops compensation issues Project/other items compensation issues 1. First, complaints resolution will be attempted at 1. First, complaints resolution will be attempted at village level through the involvement of the LARU, village level through the involvement of the LARU, NGO and informal mediators. NGO and informal mediators. 2. If still unsettled, a grievance can then be lodged 2. If still unsettled, a grievance can be lodged to to the LAC who has 30 days to decide on the case. the PIU/LARU, which will have 30 days to respond. 3. If no solution was reached a grievance can be 3. If no solution was reached a grievance can be lodged with support of the LCC to the PMU. The lodged with support of the LCC to the PMU. The AP must lodge the complaint within 1 month of AP must lodge the complaint within 1 month of lodging the original complaint with the LAC and lodging the original complaint with the LAC and must produce documents supporting his/her claim. must produce documents supporting his/her claim. The PMU will provide the decision within 21 days The PMU will provide the decision within 21 days of registering the complaint. The PMU decision of registering the complaint. The PMU decision must be in compliance with this LARF provisions. must be in compliance with this LARF provisions. 4. Should the grievance redress system fail to 4. Should the grievance redress system fail to satisfy the AP, they can further submit their case to satisfy the AP, they can further submit their case to the appropriate court of law as per the process set the appropriate court of law as per the process set out in Sections 18 to 22 of the LAA (1894). out in Sections 18 to 22 of the LAA (1894).

52 CHAPTER-9 RESETTLEMENTS BUDGETS & FINANCING

9.0 GENERAL

155 This section gives the indicative compensation costs estimates for the land acquisition building structures and rehabilitation of the affectees. The basis of the costs estimation are the consultation with the affectees and prevailing rates for the land/ assessments made in the last one year and consultation with the market rates. Efforts were made to work out realistic cost estimates/values that are applicable for a fair compensation to the affectees. For this reason, concerned Government departments building, forest, agriculture were consulted and subsequently market surveys were carried out in order to evaluate and apply unit rates based on the ground realities. Land cost has been asset on the each village level located on the RoW. However, these costs are indicative and presently applicable and will be reviewed and/or by the committees constituted for such purposes as the land valuation committees in respective districts LAC.

9.1 COMPONENTS OF THE COST ESTIMATES

156 All the land and land based assets/structures falling in the active right of way have been identified and listed. Any house structures, building partly being affected will be compensated accordingly as per entitlement matrix. In case the affected part of the building structure is substantial and becomes of no use to the owner then it will to be compensated on full. In addition to this resettlement and rehabilitation costs for the affectees and costs of private, community assets is estimated

9.2 COMPENSATION COSTS (CC)

157 Compensation costs (CC) includes the cost of land, building structures/houses and commercial structures, community assets, government building structure, forest and fruit trees, crops, transitional period assistance and shifting charges for the affectees/falling in the RoW.

9.2.1 Land acquisition costs

158 Land acquisition costs based on market values are detailed in table 9.1 below. Table 9.1 - Summary of Affected Land and Costs

Land in Land Value (Average Cost of Land Cost of Land Acres* Estimated) per Acre (Rs. millions) Road Section Rs.) ** Shikarpur Bypass 30 300,000 9,000,000 9

9.2.2 Houses and Structures

159 This data has been collected through physical measurements conducted in the field in the presence of the owner/representative of each building structures and houses. These building structures and houses comprise (i) Pucca, (ii) Semi Pucca and (iii) Kacha existing in the RoW. Various categories of these houses/shops/ industrial units & community assets existing in each affected area were quantified along with the estimated costs. 160. There are 10 houses existing in the RoW of various dimensions. Total area of these 10 houses is 7934 sqft (737 sqm) for which the compensation cost is amounting to Rs. 5.95

53 million. The houses losing up to 20% of their surface are compensated only for the affected area. Detail given in Table 9.2

Table 9.2 - Summary of Affected Houses and Costs Pucca Houses(@ Rs 750/sft) Total No Total Cost Total Cost (Area (Sq ft) and Cost) (million) Total 7,934 x750 10 5,950,500 5.95

161 There are also 31 commercial structures affected by the RoW. Of these 18 are fully affected and will be fully compensated while 10 are affected more than >20% and all will be compensated fully excluding 3 kiosks which are entitled only for shifting charges, disturbance allowance and self relocation allowance. All structures are Pucca. There is no kacha or sami Pucca structure. Total area of these 28 structures is 5,763 sft (535 smt). The total cost for these commercial buildings losses is Rs. 152.3 million. Detail is given in Table 9.5.

Table 9.3 - Summary of Affected Commercial structure and Costs

Pucca Structures (@ Rs750/sft) Total No Total Cost Total Cost No. Area(Sft) and Cost (million)

Total 5,763 x750 28 4,322,250 4.32

9.2.3 Allowance for loss of space use (squatters) 162 The AFs losing houses or commercial structures are encroachers so an allowance for loss of land space use equal to 1 year income will be provided to them. This allowance is given to the owners of 8 houses and 28 commercial structures but not to the owners of 2 houses and 3 kiosks who are not going to be displaced. Total cost of loss of space use loss allowance is 2.89 million. Table 9.4 - Summary of Allowance for loss of land space use Allownce No of Estimated income Cost Cost (Rs. Structure millions) Special Allowance 36 36x6,500 x 12 2,808,000 2.808

9.2.4 Community buildings/Public structures 163 There is 3 community structure affected by the project execution. The community structures situated along the road are all at a safe distance. Eid Gah, Union Council, Police Station and Oil Mill. These all structure have no severe impact and only boundary wall of these structures are going to be affected. 9.5- Summary of Affected Community/Public Structures and Costs Sr.No Structures Area Affected AreaRft Heights Cost(Rs) Cost (Rs. (sq.m) millions) 1 Eid Gah 1,250 5 1,168,738 1.17 2 Union Council 300 12 280,497 0.28 Office 3 Police Station 1,500 6 1,402,485 1.40 Total 3,050 2,851,720 2.85

54

9.2.5 Business Losses

164 The Following business losses have been estimated based on the income and period of business interruption (6 months for business re-establishment for permanent impacts and 3 months for temporary impacts as those suffered by the kiosks). See details in table 9.6 please note that the Oil mill will not suffer any income loss as it will remain operative without interruption. The businesses are all self-managed and no employee compensation is needed. Total amount of business loss is 1.1 million.

Table 9.6 - Summary of Businesses Losses

Business No. Monthly Time Period Total (RPs) Total (Rs. type income( RPs) (months) in million) Shops 28 7,000 6 28x7,000x6 1,176,000 1.0 Kiosk 3 4,000 3 3x4,000x 3 36,000 0.1 Total 31 - - 1,112,000 1.1

9.2.6 Tree losses 165 Affected Trees 1,082 losses amount to Rs. 1.884 million as detailed below in Table 9.7. For fruit trees (Nos. 13,295) 1.884 million will be provided as compensation.

Table 9.7 - Impact on Trees and Costs No. of Trees Total Cost (RP) Total Cost (Million Rs.)

1,082 1,884,610 1.884

9.2.7 Crops Compensation 166 Crop compensation is provided to make compensation for 1- year crop loss at different rates according to the prime cropping pattern of the area. Rs 2.01 million will be distributed among farmers as crop loss.

Table 9.8 - Standard Crop Compensation for Affected People Package Cropping Pattern Affected Land Net Income (Rs. x Total (Rs million) (Acres) Acre) 1 Gross Crop 30 Compensation 1,342,500 1.34 2 Net Crop 30 Compensation 671,250 0.67 Total 2,013,750 2.01

9.2.8 Relocation Allowance 167 The AF who will have to relocate will receive a rehabilitation/relocation allowance of RS. 20,000 covering transport costs and livelihood costs during the transitional period. As the AF to be relocated are 36 (28 shops commercial and 8 houses) the total budget for this provision amounts to Rs. 700,000/- (0.07 million). 2 houses affected less than 20% and the kisosks which will be rebuild in the same site as before are not included.

55 Table 9.9 Relocation Allowance (Transitional Period livelihood and transport)

Entitlements house Shops GRAND TOTAL Rs. in Million

8 28 Livelihood Charges 8x15,000 28x15,000 =120,000 =420,000 540,000 0.54 Transportation/Reloc 8x5,000 28x5,000 0.18 ation Allowance =40,000 =140,000 180,000 Total 160,000 560,000 720,000 0.72

9.2.9 Severe impacts allowances

168 Project severe impacts would be on land and the AF suffering sever losses are 51. The allowance for severe impacts will amount to 30 acres and to 1.34 million RPs which will be given in shape of crop compensation in Table 9.10.

Table 9.10 Additional Crop Compensation for Severely Affected People Cropping Pattern Affected Land (Acres) Net Income (Rs. x Acre) Total (Rs million) 1 Wheat + Rice 30 1,342,500 1.34 Total 1,342,500 1.34

9.3 MONITORING AND EVALUATION

169 Monitoring and evaluation of the LARP implementation process is required for this purpose a sum of Rs. 0.32 million is provided in the budget which is 1% of the total cost.

9.4 ADMINISTRATION COST

170 Administration cost for the implementation of LARP is also required and provided in the budget amounting 5% of the total cost i.e. 1.62 million.

9.5 CONTINGENCIES

171 Contingencies cost @ 10% has been added to cover various unforeseen/ contingencies expenditure for LARP implementation which amounts to Rs. 3.43 million. These costs would also included escalation likely to occur during implementation stage due to rapid changing in oil price cost, having over all inflammatory trends which is observed in recent past.

9.6 TAXES

172 There is not any taxable item in compensatory package as such no tax either from federal or provincial government is applicable.

9.7 BUDGET ESTIMATES

173 The total estimated requirement of funds for Compensation payments, rehabilitation, and mitigation measures purposes amounts to Rs. 37.71 million is given in Table 9.11. With these financial provisions satisfaction of the project affectees is ensured and the grievances will be minimized.

56 Table 9.11: Summary of Costs Description Quantity Unit Unit/Rate Total Cost Rs. % (Rs.) (Rs.) (Million) Land Acquisition 1 30 Acre 300,000 9,000,000 9.00 23.86 Costs 2 House Structures 10 Sq.ft Various 5,950,500 5.95 15.78 Commercial 3 28 Sq.ft Various 4,322,250 4.32 11.46 Structures Allowance for Loss of 4 36 Rs. Various 2,808,000 2.81 7.45 Land Space Use 5 Community Building 3 Rs. 944 2,851,720 2.85 7.56 Business Losses 6 (including 31 Rs. Various 1,112,000 1.11 2.95 Encroachers) 7 Wood Trees 1082 Cft Various 1,884,610 1.88 5.00 8 Crop Compensation 30 Acre 67125 2,013,750 2.01 5.34 Relocation 9 36 Rs. Various 720,000 0.72 1.91 Allowances Vulnerable AF 10 52 Rs 6,500 338,000 0.34 0.90 allowance

Severe impacts 11 allowance (Additional 30 Rs. 44,750 1,342,500 1.34 3.56 Crop compensation)

Total (A): 32,343,330 32.34 12 Monitoring and Evaluation (1% of total) 323,433 0.32 0.86 13 Administrative Cost @ 5% 1,617,167 1.62 4.29 Total (B): 34,283,930 34.28

14 Contingencies @ 10% 3,428,393 3.43 9.09 Total Cost 37,712,323 37.71 100.00

57 CHAPTER-10 MONITORING AND EVALUATION

10.0 LARP MONITORING AND EVALUATION AND REPORTING PLAN

10.1 GENERAL

174 This chapter covers the briefs on the types of the monitoring, responsible entities, terms of reference (TOR) of the monitoring service provider, indicators for external monitoring and evaluation and reporting activities.

10.2 MONITORING AND EVALUATION

175 Monitoring and evaluation is an important tool for the managers to determine the status of the Project. Only through a well planned and organized system of monitoring and evaluation, the progress against the given targets for various components of a development project can be achieved. Such evaluation is possible through the review of monthly, quarterly and annual reports.

176 The purpose of LARP monitoring is to verify that: ¾ Actions and commitments described in the LARP are implemented fully and on time, ¾ Eligible affected people receive their full compensation entitlements within agreed timeframe, ¾ LARP actions and compensation measures are effective in sustainable enhancing (or at least restoring) affected people’s living standards and income levels, ¾ Complaints and grievances lodged by Project affected people are followed up and that where necessary, appropriate corrective actions are taken up and implemented, and ¾ If necessary, changes in LARP procedure are made to improve delivery of entitlements to Project affected people.

177 Two types of monitoring and evaluation processes are involved in this project i.e. internal and external monitoring. Internal monitoring includes performance monitoring, whereas external monitoring includes impact monitoring and completion report.

10.3 LARP MONITORING

178 ADB as the funding institution requires the proper monitoring of implementation of LARP and report on its effectiveness, including the physical progress of rehabilitation activities, the disbursement of compensation, the effectiveness of public consultation and participation activities, and the sustainability of income restoration and development efforts among affected communities. The objective of monitoring is to provide with the feedback on LARP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. For these reasons, LARP monitoring activities are being adequately funded, implemented by qualified specialists, and integrated into the overall project management process.

179 LARP Monitoring is a critical activity in the involuntary resettlement. Monitoring involves periodic checking to ascertain whether activities are progressing as per schedule while evaluation is essentially a summing up, at the end of the project, assessment of the actual achievement in comparison to those aimed at during the implementation. LARP implementation will be monitored both internally and externally.

58 180 NHA is responsible for internal monitoring through its field level offices and will prepare monthly reports on the progress of LARP implementation. In addition, a Resettlement Specialist will be engaged to provide necessary technical assistance and monitor the LARP implementation and will report on quarterly basis on the progress of resettlement/rehabilitation activities.

10.4 INTERNAL MONITORING

181 The indicators and benchmarks for achievement of the objectives under LARP are categorized as follows:

i. Process indicators, which include project inputs, expenditures, staff deployments etc.; i. Output indicators are results in terms of numbers of affected persons compensated and mitigated, incomes restored, additional assistance provided etc; and ii. Impact indicators related to the long-term effects/benefits of the project on people’s lives in the project-affected area.

182 The first two types of indicators, related to process monitoring and immediate outputs and results will be monitored internally by NHA. This information will be collected from the project site and assimilated in the form of a monthly progress report to assess the progress and results of LARP implementation and adjust the work program, where necessary, in case of any delays or problems. Specific activities under LARP implementation that will be monitored are the following:

(i) Consultation with the AP’s and Information dissemination campaign to create awareness, (ii) Compensation payments for affected structures- houses, shops, businesses etc., (iii) Status of compensation disbursement for house/shop rentals (if any), (iv) Progress of Community Development Activities/community structures restoration/ relocation, (v) Progress of liaison with construction contractor for employment opportunities for APs, (vi) Payments for loss of income; and (vii) Income restoration activities.

183 The PMU in Sukkur will be responsible for monitoring the day-to-day rehabilitation resettlement/activities of the Project. A performance data sheet will be developed to monitor the project at the field level. Monthly progress reports will be prepared by the NHA field office.

10.5 EXTERNAL MONITORING

184 As mentioned earlier, resettlement consultants will be engaged to carry out the evaluation of the LARP implementation. A NGO working in the area and has its roots will be engaged for external monitoring. This organization will be involved in all process of payments and grievance redressel from start to end. The resettlement consultants will be selected by the NHA, with advice and concurrence of ADB on the Consultants selected. NHA has started the hiring process of consultant and it is a condition to finalize the monitoring consultant before construction work starting. NHA is listing down the different consultants on its panel and process of scrutiny of the consultant is started.

59 185 The Resettlement Consultants will review the status of the LARP implementation in the light of the targets, budget and duration that had been laid down in the LARP. The key tasks during external monitoring include:

a) Review and verify internal monitoring reports prepared by NHA field office b) Identification and selection of impact indicators; c) Impact assessment through formal and informal surveys with the APs; d) Consultation with APs and Officials of NHA for preparing review report; and e) Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning.

186 Monitoring will also pay close attention to the status of project affected vulnerable groups such as female-headed households and economically backwards families (i.e. below poverty line). The following will be the basis for indicators in monitoring and evaluation of the project:

a) Socioeconomic conditions of the APs in the post-resettlement/ rehabilitation period; b) Communications and reactions from APs on entitlements, compensation. c) Changes in housing/ business restoration and income levels; d) Grievance procedures; its recording, reporting and processing time and its redressal. e) Progress of Community Development Schemes f) Disbursement of Compensation; and g) Level of satisfaction of APs in the post resettlement period.

187 External consultants will carry out a final evaluation / closures report at the end of the project as per implementation schedule given in Fig.7.2.

10.6 REPORTING REQUIREMENTS

188 The NHA is responsible for supervision and implementation of LARP and will prepare monthly progress reports on resettlement/rehabilitation activities and submit to the Asian Development Bank (ADB) for review. NHA apex offices (PMU), will also monitor LARP implementation and prepare and send these reports to the Donor agency. The Resettlement Consultants will prepare and submit a brief mid-term Report to NHA and determine whether or not resettlement/rehabilitation/business restoration goals have been achieved. A completion report will be prepared at the end of the project covering the progress of work and achievements against the planned targets and lessons learnt at the end of the project completion.

10.7 TERMS OF REFERENCE (TOR) FOR THE EXTERNAL MONITORING SERVICE PROVIDER

189 Activities that will be undertaken by the external monitoring and evaluation consultants for which a TOR is given below, which is subject to the concurrence of ADB.

¾ Review of internal monitoring procedures and reporting to ascertain whether these are being undertaken in compliance with the LARP, ¾ Review internal monitoring records as a basis for identifying any areas of non- compliance, any recurrent problems or potentially disadvantaged groups or households, ¾ Review grievance records for evidence of significant non-compliance or recurrent poor performance in resettlement implementation,

60 ¾ Discussions with the relevant Government Departments and others involved in acquisition, compensation disbursement or livelihood restoration to review progress and identify critical issues, ¾ Survey affected households and enterprises to gauge the extent to which Project affected people’s standard of living and livelihood have been restored or enhanced as a result of the Project, ¾ Ascertain the status of the Project in relation to the objectives laid out in the LARP, ¾ Ascertain the methods and approach developed to collect the Project related information, ¾ Details of the methodology, census surveys data, sampling frames, arrangements made to collect and analyze that data, evaluate the quality control systems, recording and reporting systems adopted during the Project implementation and periodic reporting, ¾ Evaluate the level of interaction and participation of the stakeholders and specially the affected persons or their organization in the monitoring and evaluation process, ¾ Workout the resource requirements and type of expertise and the level of input and output of such expertise involved in the resettlement process, ¾ Develop, advise and specify on the timeframe fixed for conduction of monitoring and evaluation, also prepare schedule of activities for monitoring and evaluation process, ¾ Prepare a summary compliance report for EA on resettlement progress, any issues arising and any necessary corrective actions.

10.8 PARTICIPATION OF AFFECTED PERSONS IN MONITORING, REVIEW AND EVALUATION PROCESS

190 Representative from the Project Affected Persons (PAPs) will also be involved in monitoring and evaluation process. This type of involvement and interaction with the PAP will help in improving the performance of the resettlement/rehabilitation programme and give confidence to the affectees that their problems are being taken care by the executing agency. This will also help in improving the design and evaluation of the program for the PAPs. This will be a bottom up approach and ensure the sustainability of the Project resettlement/rehabilitation process.

10.9 DATA ANALYSIS

191 Considerable data will become available as a result of continued social, resettlement and environmental monitoring of the Project. This data will be analysed and assessed to determine the extent to which the end results envisaged in the planning stage are being attained. This will require proper evaluation, as appropriate, by the Monitoring and Evaluation experts and any Independent Organization assigned to carryout these studies. In the event that satisfactory results are not attained by Project resettlement/rehabilitation activities, the shortfalls will be identified and properly analyzed, remedial measures will be recommended and implemented through the project or other relevant department/ organization.

10.10 EVALUATION AND REPORTING

192 Resettlement/Rehabilitation actions will be monitored and evaluated through internal monitoring and by an Independent Organization for external monitoring on regular basis. An evaluation of resettlement actions will be included in the Monthly Internal Monitoring Reports (IMR) which will be submitted to External Monitors, who with their own assessment will submit quarterly reports to NHA. Additionally, in the event of a problem

61 occurring in resettlement/ rehabilitation activities, as perceived by the monitoring teams, a Special Resettlement Monitoring Report (SRMR) will be prepared and sent to the concerned quarters for immediate action. In the event that major problems slip through this safety net, however, the monitoring process will pick them up and bring them to the attention of the NHA/LAC and other appropriate authorities.

193 A formal midterm evaluation of the Project will be carried out in the middle of the project i.e. by early fourth quarter 2007 to assess the implementation of the resettlement activities and to ascertain if the PAPs have been able to successfully restore the standards of living.

10.11 LESSONS LEARNT

194 Resettlement and Rehabilitation programs are an important aspect of this project. This project is also serving as learning seat for planning and implementation of such projects within the country. During the implementation of LARP, it is likely that some observations may indicate some aspects which will be unique in its own way for which project specific mitigation measure are adopted. These would provide scientific base and guidance for planning and implementation of similar projects. Lesson learnt from this projects are essential will be documented and published, for use of the project managers, experts, specialists, academicians and students. It will hence be important to evaluate this project and keep a track of the developments and experiences gained during the implementation of the project. Mostly the land acquisition and resettlement plans as envisaged under LARP will gain more importance as these are addressing the problems of the affectees and precisely focused towards mitigating the adverse affects of the implementation of the project. Consequently evaluation of the LARP implementation will provide immense guidance for future projects involving resettlement related issues.

62 Annexure 1

SUMMARY OF PUBLIC CONSULTATION MEETINGS

Public meetings were held with the view to disseminate information about the ‘Entitlement Package’ designed for the Project Affectees (PAs) and solicit their viewpoints to refine this package. Table presents details about the date, time, venue of public meetings and participants from different Project affected villages.

Table: Public Disclosure Meetings for LARP Entitlement Matrix No. Date Time Location Participants 1 13th June 03:00 pm Project introduction 12 2006 suggestion of stakeholders 2 13th June 05:00 pm Project introduction dis- 9 2006 cussion on compensation package with affectees 3 13th June 10:30 am Project introduction 10 2006 suggestions regarding road safety 4 13th June 03:00 pm Project introduction 18 2006 compensation package with affectees 5 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees 6 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees 7 13th June 03:00 pm Project introduction 9 2006 compensation package with affectees

After dissemination of LARP Entitlement Matrix (contained in the brochure attached herewith), the following common issues were discussed in the form of question and answer session (including comments, suggestions of the PAs) in all the affected villages.

Question-1 Will there be any accessibility to our cultural places (graveyard, shrine etc.)?

Answer The culturally important sites will be provided access and this factor has been well considered in the design.

Question-2 What will be the alternative to our kacha tracks (unpaved roads)?

Answer The only alternative to kacha tracks will be underpasses, which will be provided at appropriate location in relevance to existing tracks/routes to facilitate communication.

Question-3 What will be the limit of construction work?

Answer All the construction work will be confined within the proposed Right of Way (RoW).

Question-4 What will be the criteria for compensation to those having joint ownership of the agricultural land?

Answer Payment will be made as per Land Revenue Record. This record is being updated in consultation with the affectees of the Project Area. However, final payment will be made after detailed measurements of the affected land and the updated record of ownership by the Land Revenue Department.

63 Question-5 What will be the time for payment of compensation?

Answer All the payment will be made prior to commencement of construction work.

Question-6 Is there any provision for ‘Land for Land’ compensation?

Answer No. Land for Land compensation is not feasible due to its long strip extending into different areas.

Question-7 What will be the compensation for loss of trees?

Answer The compensation for fruit trees will be made on scientific basis considering a number of factors such as type, age, production per year etc. For non-fruit trees, compensation will be made according to market value based on volume of wood produced by these trees.

Question-8 What will be the arrangement for return of loan received from the banks for agricultural purposes?

Answer No such provision has been made in the compensation package. This matter will be resolved between both the parties i.e. banks and borrowers.

Question-9 What will be the compensation for loss of houses and tube wells?

Answer Cash compensation will be made at replacement rates for affected structures and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts, full cash assistance will be made to restore the remaining structures.

Question-10 The proposed Highway will be fenced on both sides, which will hamper movement across it. What alternatives have you proposed to deal with this issue?

Answer The interchanges will be provided at required places such as populated centers. Underpasses will also be provided at the routes providing common access to a number of villages.

Question-11 Will compensation be made to those having houses on government land?

Answer Yes, such people will also be compensated as per entitlements proposed in the Package for the house structures only.

Question-12 The Land Revenue Record is not updated. How can payment be made on the basis of this record?

Answer The Land Revenue Record is being updated in consultation with the proposed Project Affectees.

Question-13 What will be the source of borrow materials for construction?

Answer Borrow materials will be taken from such areas where there is an agreement with the land owners for the purchase or lease of such lands. Final locations will be decided by the Contractors in consultation with the Construction Supervision Consultant. However, these areas will be located away from the features such as roads, buildings, watercourses etc. Necessary mitigation measures will be taken to reduce air, noise pollution.

64 Question-14 Who to contact to get further details about the proposed Project?

Answer NHA office in Sukkur can be approached for further queries about the proposed Project. It is expected to establish a help line to provide information for telephonic enquiries.

Question-15 The house is located at the edge of the RoW but the courtyard/structures for animals lie just inside the RoW. What will happen in this case?

Answer Since courtyard with its structures is a part of the house, cash compensation for the affected land will be made at full replacement cost, which is free from taxes, registration and transfer costs.

Question-16 What will be the criteria of payment for different types of land?

Answer Cash compensation will be made depending upon the market values of different types of land. In case of agricultural land, extra 15 per cent will be paid for compulsory land acquisition. For residential and commercial lands, payment will be made at full replacement cost. All these costs will be free of taxes, registration and transfer costs.

Question-17 What policy will be adopted for standing crops?

Answer In this case, severe impact allowance equal to net market values of forest of the affected land will be paid for 1 year crops (one rabi & one kharif crop) in addition to standard crop compensation for loss of houses.

Question-18 What will be done for infrastructures like tracks, water courses, canals etc?

Answer All the important infrastructures will be restored by providing culverts, bridges, flyovers & underpasses.

Question-19 How farmers can check that their land house and other inventories are rightly mentioned in the record?

Answer When the list of inventory will be finalized and draft report will be compiled it will be displayed at nominated places like District Coordination Officer (DCO) office, District Nazim Office public libraries and copies will be given to public representatives. These people can check their inventories and in case of any problem/variation they can give application to Grievance Redressal Committee (GRC) in their respective areas.

Question-20 Will the farmers be compensated for all their assets?

Answer Farmers will be paid compensation for all their assets including trees, houses, tube wells, hand pumps etc.

Question-21 In case of disputes among shareholders of a property, how the costs will be paid?

Answer In case of disputes among shareholders the payment will be deposited in the court of law as and when the decision is made it will be paid by the court accordingly.

65 Question-22 Will the service road be provided along the motorway?

Answer Yes, service road will be provided on both sides of the road

Question-23 Will the tenants be paid for their losses?

Answer Yes the tenants will also be paid for their assets.

• In case of agricultural land, cash compensation will be paid which will be equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). In addition, severe impact allowance, equivalent to net market value of harvest of the affected land will be paid for 1 year crops (one winter crop & one summer crop) along with standard crop compensation. • For residential/commercial lands, 3 months allowance will be paid. • For houses/structures, cash compensation will be made at replacement rates for affected structures & other assets. It will be free of salvageable materials depreciation & transaction costs. In case of potable impacts, full cash assistance will be given to restore remaining structures. • Cash compensation will be made for loss of trees at income replacement.

Question-24 Will Cash Compensation be made in full or through installments?

Answer The payment for each asset to be lost within the proposed RoW will be made in full/lump sum.

Question-25 The land is owned by some one but occupied by some other person. Who will be paid compensation? Jobs should be provided to local people.

Answer Compensation for the land will be paid to the owner; however occupant/ tenant would be paid compensation for one year crop. During the construction phase, preference will be given to local people for jobs in all categories such as skilled, semi-skilled, labour etc. This action would be done in collaboration with the construction contractors.

Question-26 In some cases, assets have been reported by other people (not owners) who may be wrongly interpreted.

Answer All the assets to be lost will be quantified, measured and evaluated by the respective departments (Buildings Department, Forest Department, Agriculture Department and Revenue Department) for payment of compensation.

Question-26 There is discrepancy b/w actual price of the land & the one quoted in the Land Revenue Record against land transaction. Howe will you determine land price for compensation.

Answer Compensation will be made at market value irrespective of what is mentioned in the Land Revenue Record.

Comment We are small landowners and our livelihood depends upon agriculture. We should be given due compensation against loss of our assets so that we can rehabilitate/restore our livelihood. We are ready to cooperate for the implementation of the proposed Project.

66 Annexure-2

GOVERNMENT OF PAKISTAN

NATIONAL HIGHWAY AUTHORITY

INFORMATION BROCHURE

SUKKUR – JACOBABAD (N-65)

MARCH 2006

67 1. Introduction

Sukkur-Shikarpur-Jacobabad road (N-65), is a step towards strengthening and expansion of the road network. N-65 is an important road, of the country that connects the province of Sindh with Balochistan. Proposed road project starts from Sukkur passes through Shikarpur and ends at Jacobabad Bypass.

The various Project components include widening of the existing road from Sukkur to Jacobabad and construction of a new Bypass around Shikarpur City. After the completion of the Project, existing two lane road passing through the city will be replaced by a 14.6 metre wide four lane dual bypass.

For proposed widening of the road, land based infrastructure falling in the right of way (RoW) needs to be acquired. Owners of these land and land based assets are project affectees.For judicious compensation to all affectees are enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan.

2. Land Acquisition and Resettlement Plan (LARP)

The main policy objectives under Land Acquisition and Resettlement Plan (LARP) has been developed are to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position.

One of the main impacts of the project will be arising due to the acquisition of land. The project is committed to providing entitlement to persons who loose their land and other property/businesses. The provisions of law that apply to such situation will be followed.

All the development projects including the resettlement components have to take into consideration the compensation aspects. Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for the development projects requirements including compensation of the Project affectees’ assets. This has been supplemented through development of the Land Acquisition and Resettlement Framework (LARF) prepared by NHA and duly approved by Asian Development Bank (ADB).

3. Entitlement Matrix

Based on the analysis of the impact of the project and eligibility policies, an entitlement matrix has been developed based on the categories of affected persons according to losses and their entitlement benefits. The matrix proposes eligibility and payments for all kinds of losses (e.g., land, housing/building structures, businesses, and other income sources, temporary loss of income, displacement and shifting costs). It sets standards for compensation.

4. ADB Resettlement Policy

Resettlement Policy of ADB which is being followed for this project is given as below:

68 ADB Resettlement Policy ADB Involuntary Resettlement Policy Lack of title should not be a bar to compensation and/or rehabilitation, and non-title-holders are to be rehabilitated. Crop compensation are provided to landowners and sharecrop/lease tenants according to their shares whether they are registered or not Tree losses are compensated according to actual worth of affected trees based on market rates. Land valuation is to be based on current replacement (market) value. Valuation of built-up structures is based on current market value/cost of new construction of the structure Complaints and grievances are resolved informally through community participation in the Grievance Redress Committees (GRC), local governments, NGO and/or local-level community based organizations Information related to quantification and costing of land, structures and other assets, entitlements, and amounts of compensation and financial assistance are to be disclosed to the affected persons prior to project appraisal. ADB policy requires rehabilitation for income/livelihood, for severe losses, and for expenses incurred by the APs during the relocation process.

5. Compensation Eligibility and Entitlements for the Project

Various Land Acquisition and Resettlement tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with both Pakistan’s law/ regulation and ADB Policy. A summary of entitlements matrix is included in Table 1 as below.

Entitlements Matrix Asset Specification Affected People Compensation Entitlements All land losses • Cash compensation for affected land at replacement cost independently from Farmer/Titleholder based on market value plus a 15% Compulsory Land impact severity acquisition surcharge and free of taxes, registration, and transfer costs Leaseholder/tenant • Cash equivalent to market value of gross yield of affected Permanent (registered or not) land for the remaining lease years (up to a maximum of 3 impact on years). Arable Land Sharecroppers • cash compensation equal to market value of lost harvest to (registered or not) be shared with landowner based on the sharecropping contract Agricultural workers • Cash indemnity corresponding to their salary (including losing contracts portions in kind) for the remaining part of the contract. Squatters • 1 rehabilitation allowance equal to net market value of 1 harvest in addition to standard crop compensation) for land use loss. Additional Farmer/Titleholder • 1 severe impact allowance equal to net income from a 1 year provisions for Leaseholder harvest (iwinter and summer crop) additional to standard crop severe impacts compensation. (More than 10% of Sharecroppers • 1 severe impact allowance equal to market value of share of land loss) (registered or not) harvest lost (additional to standard crop compensation) Squatters • 1 severe impact allowance equal to net value of harvest of the affected land for one year (inclusive of winter and summer crop and additional to standard crop compensation) Residential/ Titleholder • cash compensation for affected land at full replacement cost Commercial free of taxes, registration, and transfer costs Land Renter/Leaseholder • Three months allowance Squatters • Accommodation in a government resettlement area or self-

69 Asset Specification Affected People Compensation Entitlements relocation allowance: a) provision of a plot property in public resettlement area; b) provision of a plot leased in a public resettlement area; and c. provision of a loss of land use space covering1 year of livelihood. Building and All APs • Cash compensation at replacement rates for affected Structures (including squatters) structure and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure. Crops Crops affected All APs (also squatters • Crop compensation in cash at full market rate for 1 year harvest (inclusive of winter and summer crop) by default. Trees Trees affected All APs (also • Cash compensation at income replacement. squatters) Business/ Temporary or All APs (also • Business owner: (i) Cash compensation equal to 6 months Employment permanent loss of squatters) income, if loss permanent; (ii) cash compensation for the business or business interruption period up to 6 months, if loss temporary. employment • Worker/employees: Indemnity for lost wages up to 6 months. Relocation Transport/transition All APs so affected • Provision of a relocation allowance of (Rs.20,000) covering livelihood costs (including squatters) transport costs (Rs. 5,000)and a livelihood allowance of Rs. 15,000 covering livelihood costs. Communal • Rehabilitation/substitution of the affected structures/utilities assets Vulnerable AP under poverty line • One special allowance of Rs. 6,500 AP • Employment priority in project-related jobs.

6. Eligibility

APs entitled for compensation or at least rehabilitation provisions under the Project are: ƒ All APs losing land either with legal title/traditional land rights or without legal status; ƒ Tenants and sharecroppers whether registered or not; ƒ Owners of buildings, crops, plants, or other objects attached to the land; and ƒ APs losing business, income, and salaries.

Compensation eligibility will be limited by a cut-off date i.e. March 2006 to be set for each as the AP census and impact assessment date. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or sanction. Forced eviction will only be considered after all other efforts are exhausted.

For Information: Please contact nearest NHA project site office. Phone: ______

70 Annexure 3 National Highway Authority Sukkur - Jacobabad Road Project N-65 List of Commercial Infrastructure

Mark Type of Affected Structure Affected Measure- Sr. No/ Type of Part/Portion ment of Affected %age of Cost/ self Left Name of Occupant Business Construc- Main Covered Area Affected sq Relocation Special No. Place Right Affectees Status Entity Shop tion Structure Area (sft.) Area feet Allowance Allowance Total Cost Jahan 1 Khan Left Barket Ali Self G.Store Shop Kiosk Main 160 160 0 31 0 6,500 9,000.00 Jahan 2 Khan Left Barket Ali Self G.Store Shop Kiosk Main 216 160 0 31 0 6,500 9,000.00 Jahan 3 Khan Right Barqat Ali Self G.Store Shop Kiosk Main 286 286 0 17 0 6,500 9,000.00 Jahan 4 Khan Right Barqat Ali Self G.Store Shop Pucca Main 286 286 100 500 60000 6,500 207,000.00 Lakhi 5 Town Left Nazir Hussain Self Workshop Shop Pucca Main 156 144 100 500 60000 6,500 136,000.00 Lakhi 6 Town Right M.Arif Mehar Self G.Stor Shop Pucca Main 91 91 100 500 60000 6,500 109,500.00 Lakhi 7 Town Right M.Arif Mehar Self Book Shop Shop Pucca Main 140 140 100 500 60000 6,500 134,000.00 Lakhi 8 Town Right M.Arif Mehar Self P.C.O Shop Pucca Main 140 140 100 500 60000 6,500 134,000.00 Lakhi 9 Town Right Iyaz Ahmed Self Hotel Shop Pucca Main 90 90 100 500 60000 6,500 109,000.00 Lakhi Stationary 10 Town Left Zahor Hussain Self Shop Shop Pucca Main 99 99 20 500 60000 6,500 113,500.00 Lal Buksh 11 Sultan Kot Right Khan Self G. Store Shop Pucca Main 270 270 20 500 60000 6,500 199,000.00 12 Sultan Kot Right Irshad Khan Self Cloth Store Shop Pucca Main 300 300 20 500 60000 6,500 214,000.00 13 Sultan Kot Right Irshad Khan Self G.Store Shop Pucca Main 96 96 100 500 60000 6,500 112,000.00 14 Sultan Kot Right Irshad Khan Self G.Store Shop Pucca Main 36 36 100 500 60000 6,500 82,000.00 15 Sultan Kot Right Imdad Khan Self G.Store Shop Pucca Main 117 117 20 500 60000 6,500 122,500.00 16 Sultan Kot Right Imdad Khan Self G.Store Shop Pucca Main 117 117 100 500 60000 6,500 122,500.00

71 17 Sultan Kot Right Manzor Ali Self G.Store Shop Pucca Main 208 208 20 500 60000 6,500 168,000.00 18 Sultan Kot Left Tufail Ahmed Self Book shop Shop Pucca Main 225 225 100 500 60000 6,500 176,500.00 19 Sultan Kot Left Ishaq Khan Self Workshop Shop Pucca Main 120 120 20 500 60000 6,500 124,000.00 20 Sultan Kot Left Ishaq Khan Self Tailor Shop Shop Pucca Main 100 100 100 500 60000 6,500 114,000.00 21 Sultan Kot Right Ishaq Khan Self Karyana Shop Pucca Main 270 270 20 500 60000 6,500 199,000.00 22 Sultan Kot Right Altaf Ahmed Self Whole sale Shop Pucca Main 270 270 100 500 60000 6,500 199,000.00 23 Sultan Kot Left G.Hassan Self Barber Shop Shop Pucca Main 50 50 20 500 60000 6,500 89,000.00 24 Sultan Kot Left M.Yousaf Self Tailor Shop Shop Pucca Main 216 216 100 500 60000 6,500 172,000.00 25 Sultan Kot Right Haji Sajjan Self Carpainter Shop Pucca Main 441 441 100 500 60000 6,500 284,500.00 Aga Tamez ud 26 Sultan Kot Right din Self Workshop Shop Pucca Main 225 225 100 500 60000 6,500 176,500.00 27 Hamayun Right Arbab Khan Self Tailor Shop Shop Pucca Main 216 216 20 500 60000 6,500 172,000.00 28 Hamayun Right Arbab Khan Self Tea Hotel Shop Pucca Main 192 192 100 500 60000 6,500 160,000.00 29 Hamayun Right Arbab Khan Self Vegetable.shop Shop Pucca Main 270 270 100 500 60000 6,500 199,000.00 30 Abad Right Noor Din Self Hotel Shop Pucca Main 2500 1500 100 500 60000 6,500 814,000.00 31 Abad Right G. Shabir Self Hotel Shop Pucca Main 3000 1000 20 500 60000 6,500 564,000.00

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Annexure 4 National Highway Authority(NHA) Sukkur-Shikarpur-Jacobabad Road (N65) List of Affected Persons (APs) with Their Affected Structures/ Assets List of Affected Household Units

Mark Sr. to Cover- Left Family Total Type of ed Affected %age of Idle Time self Special Resettle- Locality/ or Head Family Houses Fruit/ Area Area Affected Subsidy Compensat Shifting Relocation Allowanc ment Total No. Address Right Name Members Structure Trees (sq.ft.) (sq.ft.) Area Allowance ion Charges Allowance e Cost Amount 1 Manghani Right M.Pathan 5 Pucca 3 650 360 100 5,250 45,000 3,000 60,000 20,000 325,000 458,250 2 Ludhra Left Ali Dano 8 Pucca 560 224 100 5,250 45,000 3,000 60,000 32,000 280,000 425,250 Haji.Jando 3 village Left G.Rasool 7 Pucca 600 144 20 1,750 15,000 3,000 60,000 28,000 300,000 407,750 4 Karim abad Left Pahlwan 12 Kacha 3,000 600 20 2,100 18,000 3,000 60,000 48,000 1,050,000 1,181,100 Haji.Hamza 5 Khan Right Hamir Bux 14 Pucca 1,500 250 20 3,850 33,000 3,000 60,000 56,000 750,000 905,850 Molvi Wahid 6 Sultan Kot Left Bux 10 Pucca 1 1,500 200 10 1,750 15,000 3,000 0 40,000 750,000 809,750 7 Sultan Kot Right Koral 13 Pucca 600 160 20 3,500 30,000 3,000 60,000 52,000 300,000 448,500 Wahid 8 Dos Wah Left Bux 13 Pucca 2 1,320 240 10 6,300 54,000 3,000 0 52,000 660,000 775,300 Hamza Khan Ali 9 Bhato Right Hassan 7 Pucca 1 800 390 100 5,250 45,000 3,000 60,000 28,000 400,000 541,250 10 Sultan Kot Left Imdad Ali 11 Pucca 728 182 100 3,500 30,000 3,000 60,000 44,000 364,000 504,500 TOTAL 100 7 38,500 330,000 30,000 60,000 400,000 5,179,000 6,037,500

73 Annexure 5

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73

Social Monitoring Report

Final External Monitoring Report of Short Resettlement Plan Implementation December 2013

PAK: National Highway Development Sector Investment Program (NHDSIP)–Tranche 2

ICB – 3B (N-50) Qila Saifullah–Zhob (150 km) Road Project

Prepared by Mr. Ayaz Asif, External Monitoring Agent, Qila Saifullah Zhob (N-50) for National Highway Authority and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

ICB – 3B (N-50) Kila Saifullah – Zhob (150 km) ICBRoad – 3BProject (N-50) Killa Saifullah – Zhob (150 km) Road Project Final External Monitoring Report Internal Monitoringof Report

Short Resettlementof SRP Implementation Plan Implementation 30th November 2012

For the Month of (November 2012)

December 2013

Land Acquisition and Resettlement Unit

N-50 Killa Saifullah ~ Zhob road Project

LIST OF ABBREVIATIONS

AC – Assistant Commissioner ACLC – Affected Persons and Citizen Liaison Committee AD – Assistant Director ADB – Asian Development Bank ADC – Additional Deputy Commissioner AP – Affected Person DD – Deputy Director EA – Executing Agency EMA – External Monitoring Agency GM – General Manager GRC – Grievance Redress Committee L&S – Land and Social LARU – Land Acquisition and Resettlement Unit NHA – National Highway Authority NHDSIP – National Highway Development Sector Investment Program PD – Project Director PIU – Project Implementation Init PMU – Project Management Unit RS – Resettlement Specialist SRP – Short Resettlement Plan

TABLE OF CONTENTS

1 INTRODUCTION ...... 1

2 SCOPE OF MONITORING ...... 1

3 METHODOLOGY ...... 1

4 SRP IMPLEMENTATION PROGRESS ...... 2

4.1 Disclosure/Community Liaison ...... 4

4.2 Grievance Redress Mechanism ...... 4

4.3 Institutional Arrangements ...... 6

4.4 Monitoring and Evaluation ...... 8

5 CONCLUSION ...... 8

6 ANNEXURE ...... 9

1 INTRODUCTION

1. Government of Pakistan has given major emphasis to construction of new Highways/Motorways and improvement of existing roads. As a part of National Highway Development Sector Investment Program (NHDSIP), National Highway Authority (NHA) is implementing rehabilitation and up gradation works on N-50 with financial assistance of Asian Development Bank (ADB).

2. Initially this project was started as category C project, however during construction, resettlement issues popped up for which a SRP was prepared and submitted to ADB for approval. ADB approved the SRP in Nov 2012, as per SRP different types of project impacts were identified on 234 APs which are detailed in table below.

Impact Wise Detail of AFs. SRP Qila Saifullah Zhob N-50: Type of Impact Total AFs Structure Loss 79 Fruit Tree Loss 100 Wood Tree Loss 139 Crop Loss 60 Total AFs 234

3. The SRP outlined Internal and External Monitoring of implementation progress and submission of periodical monitoring reports to ADB for its review. This is the final external monitoring report of the project prepared on the basis of field visits carried out from 20th Nov 2013 to 23th Nov 2013. The report reflects on the final status of the Short Resettlement Plan (SRP) implementation.

2 SCOPE OF MONITORING

4. As per SRP External monitoring is to be carried out twice a year, and its results communicated to the PMU and ADB through bi-annual external monitoring reports. However keeping in view the project and SRP implementation time, the monitoring and reporting requirement was adjusted to meet the project requirements and it was agreed that only two reports will be submitted i.e. 1st External monitoring report covering implementation period till March 31, 2013 and 2nd/final external monitoring report covering the progress till the end of project i.e. end June, 2013. The scope of for external monitoring tasks includes:

a) Review and verify internal monitoring reports prepared by LAR Unit and PIUs; b) Review of the socio-economic baseline census information of pre-displaced persons; c) Identification and selection of impact indicators; d) Impact assessment through formal and informal surveys with the affected persons; e) Consultation with APs, officials, community leaders for preparing review report; and f) Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning.

3 METHODOLOGY

5. Following methodology was adopted for external monitoring of the project:

(i) Desk Review of Reports/Data:

The monthly progress reports provided by NHA were reviewed in depth to track the progress achieved during the reporting period. (ii) Review of Data The data maintained by NHA on the payments made to the APs was reviewed to cross verify the progress. (iii) Review of Progress with NHA staff: The progress achieved by NHA on the implementation of SRP was reviewed through the internal monitoring and progress reports. (iv) Field Visits/ surveys/ meetings with APs: NHA PMU was visited in Quetta, meetings were held with the PD, AD land, RS and the revenue staff of the project. The process and methodology of the field survey was as follows: Sampling: A total of 27 APs were consulted through field visits which constitutes 12% of the total number of APs paid. Details of the field visit are given in the section below.

4 SRP IMPLEMENTATION PROGRESS

6. The SRP was approved by ADB in November 2012, after the approval NHA started the disclosure process by translating the summary SRP in Urdu and Pushto languages (Evidence attached as Annexure I) and also placing it on NHA website. The translated copies were also distributed to the APs and placed at PMU and field offices. However, compensation disbursement was not started immediate after SRP approval and disclosure due to non- availability of funds in project office.

7. The Resettlement funds (Rs.3.38 million) were released on 20th February 2013 from NHA Headquarters for disbursement of compensation as per approved SRP. After receipt of funds, a scheduled weekly plan was devised to disburse compensation to all entitled APs to ensure early implementation to overcome time lag. The APs were informed accordingly through notices to receive their compensation amount. Notices were given by name and delivered by hand to all the APs and contained the details on name of the AP, asset wise breakdown of compensation and the information on submission of documents for receiving the compensation. (Evidence attached as Annexure II)

8. In order to ensure transparency in the payment disbursement process, both the Deputy Commissioners of Kila Saifullah and Zhob were requested to depute their representatives to be present along with project staff during the compensation disbursement. The Assistant Commissioner Kila Saifullah Mr. Abdul Khaliq Mandokhail and Additional Deputy Commissioner Zhob Mr. Nazar Muhammad Kethran were present during the disbursement process. After detail verification the Cheques have been distributed in presence of General Manager (Balochitan), PD ICB-3B, DD (Accounts), DD (L&S) NHA, AC Kila Saifullah and ADC Zhob. (The Photographs are attached as Annexure III).

9. As scheduled, disbursement of compensation to APs started in March 2013. A total of 182 APs were paid out of a total of 234 in 3 batches by 31st March, 2013. Payment to the 1st Batch of project APs was done on 12.03.2013, 2nd Batch on 17.03.2013 and 3rd Batch on 27.03.2013. The 1st Batch consisting 31 APs were compensated (Rs.10,230,270), thereafter,

2

2nd Batch consisting 66 APs were paid (Rs.5,385,820), 3rd Batch of 85 APs were compensated (Rs.10,856,149).

10. The payments continued in the months of April, May and June. In April 34 APs were paid compensation (Rs.2,532,565), in May 10 APs were paid compensations (Rs.225, 057) and in June 06 APs were paid compensation (Rs.67,397) against losses of trees, crops and structures including resettlement allowances as transportation, business loss and livelihood to all entitled etc. details of the breakdown of payments according to the type of impact is attached as (Annexure IV).

11. Receipts of the payments, payment sheets with the signature and thumb impression of the APs, copies of the cheques and the payment details are maintained at the PMU (Evidence attached as Annexure V). All payments were verified by the EMA during the monitoring visit and the records were found in order. Details of the compensation amount by type of impacts, amount paid, payment status and the reasons for nonpayment to the outstanding APs is attached as Annexure VI. Table below gives the summary of the status of payments till 30 June 2013.

Table: 1: Compensation Payment Status for All Items Remaining APs & Balance Compensation Paid Compensation Remaining Balance S.N Period/week APs Paid Amount Paid Dated APs Amount 1 2nd week Mar 31 10,230,270 12-03-2013 203 19,182,388 2 3rd week Mar 66 5,385,820 20-03-2013 137 13,796,568 3 4th week Mar 85 10,856,149 27-03-2013 52 2,940,419 4 1st Week Apr 24 1,792,657 4-4-2013 28 1,147,762 5 2nd Week Apr 5 518,114 11-4-2013 23 629,648 6 4th Week Apr 5 221,794 29-4-2013 18 407,854 7 4th Week May 10 225,057 27-5-2013 8 71,797 8 4th week June 6 67,397 28-6-2013 2 4,400 Payment Progress till 232 29,408,258 2 4,400 31 March, 2013 % Paid Progress 99.8% 99.9% 0.2% 0.1%

12. Out of the total of 234,232 APs have been paid while 2 APs have refused to receive compensation. This is mainly due to the small compensation amounts i.e. PKR2,200/for each APs against their loss of wood trees. The PMU approached these APs on multiple occasions, however, these APs refuse to open a bank account OR provide a receipt in case they do accept the payment for their loss. Names of these remaining APs along with the breakdown of compensation amount and the reasons for not approaching are attached (Annexure VII)

Payment through Power of Attorney

13. Most of the APs were paid through cross cheques, however, most APs received compensation cheques through their nominated “attorneys” due to non-availability and unwillingness to open and operate personal bank accounts. NHA ensured payment of compensation to those APs who did not open their personal bank accounts. The procedure adopted, required an AP to give a power of attorney to his/her representative on a judicial stamp paper (Sample attached as Annexure VIII) attested by the notary public. The nominated attorney then submits his complete documentation to the DD land i.e. copy of CNIC, bank

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account details and the original power of attorney. Once the documents are verified the cheque is issued in the name of the nominated person.

14. During the Focus Group Discussions and interviews with APs it was revealed that the APs were consulted and a verbal mutual consensus was reached for payments through nominated attorneys. The APs receiving payments through this arrangement were interviewed during the field visit and all of the interviewed APs had received full compensation and were satisfied with the arrangement.

4.1 Disclosure/Community Liaison

15. After the approval by ADB the SRP was placed on NHA website, translated in Urdu and Pushto languages and were displayed in 4 offices KSU, contractors camp office, Zhob, the APs were also informed about the SRP through community meetings conducted by the ACLC. During the visit to the PMU office the EMA observed that the minutes of the meetings of the ACLC are properly maintained and kept in the record. Evidence of meeting minutes is attached as Annexure IX.

16. Liaison with the community and the APs was maintained by the social mobilizers, patwari, and resettlement specialist of the project. Since start of disclosure and implementation of SRP, Resettlement team was continuously liaising with community about all process and procedure of compensation disbursement. The APs were continuously consulted by Resettlement team regarding their claims and compensation disbursement

4.2 Grievance Redress Mechanism

17. GRC was notified by NHA vide letter No. A.D (LM&S)-H.Q/EALS/NHA/2012 (letter attached as Annexure X). The composition of the GRC is as follows:

(a) Assistant Director (L&S) (b) Computer operator (c) Patwari/Qanoongo (d) Social Mobilizer

18. Complaints were received by the GRC and recorded in the grievance record register maintained at the PMU office in Quetta. The EMC observed that all the complaints were registered according to the geographic location of the APs as well as the nature of complaints, the record was found well maintained, updated and in order.

19. The APs were well aware of the GRC and the compliant resolution mechanism. Review of grievance mechanism revealed that the complaints started to come after disbursement of compensation started in March 2013. During the project period 185 complaints were received by the GRC from different locations of District Killa Saifullah and Zhob (127 from Kila Saifullah and 58 from Zhob), regarding impact identification, asset valuation, correction of particulars and compensation payment to project APs. The table below gives the breakdown of the complaints received from different locations. A detailed table of the complainants, type and action to be taken to address these complaints is attached as Annexure XI.

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Table: 2: Complaints Recorded Fresh Complaints Received/Registered During Monitoring Over All Status Including Fresh Month Complaints No. of Complaints Received Out Total Project District Standing

March April May June Type of Resolved alignment S.N. 2013 2013 2013 2013 Grievance Complaints Remarks Assets 1 115 No 1 KSF 56 28 43 Nil Identification 127 Nil Decided Application and have received Compensation 2 53 to GRC during 2 ZHOB 28 26 4 Nil Payment 58 Nil Decide the Regarding monitoring Trees, Crops, month of 3 Total 84 54 47 Nil and Structure 185 168 Nil June 2013. etc. –

20. According to the SRP all the complaints have to be addressed within one month after the receipt of complaints. During the monitoring visit it was noted that all the complaints were received in the Month of March after the APs had received their payments.

21. The Grievance Redress Committee held meetings for the resolution of complaints. The GRC comprising of Qunoongoo/patwari along with the social mobilizer/resettlement specialist of the PMU for the verification of the claim, once it has been verified a detailed report will be submitted to the GRC for further action.

22. GRC committee started working on verification and redresses the grievances of Total 168 applications/complaints after site verification and field report through, Resettlement Specialist, NHA’s field staff and District revenue staff for consideration of the GRC members during GRC meetings. So to resolve complaints pertaining to issues like impact identification and asset valuation (compensation for structures, trees crops etc) the GRC committee also contacted the notables of area to seek their involvement in the GRC proceedings and resolve the grievances of AP with consultation and for the satisfaction of APs. The field staff have visited sites and checked the sites in presence of the APs and notables of the area and submitted reports with the recommendations of actual damages. Copy of one report is attached as Annexure XI. Thereafter the GRC meetings were conducted on 16th, 18th & 20thMay 2013 in presence of the APs and notables of the area/concerned villages. The APs grievances were discussed in detail in the GRC meetings according to the Field verification reports and with consultation the decisions were made on the applications of the APs. Total 72 APs applications/complaints were found genuine and were accepted in the GRC meetings for compensation of their left over actual damages. As the additional amount of 10% (contingent amount) was included in the SRP budget (amount Rs2,941,265/-) so, all additional claims accepted by GRC were calculated as per entitlement provisions (EM) of the SRP for compensation purposes. Most of the APs were entirely satisfied with procedure adopted and the decisions of the GRC. According to the decisions of GRC the additional compensation sheet was prepared with complete detail of damages including amount for approved damages amounting to Rs2,940,956/- as per the Entitlement Matrix out of the 10% contingency amount of

1 12 Complaints received twice and by excluding double count total sum of resolved complaints are 115. 2 5 complaints received twice and by excluding double count resolved complaints are 53.

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Rs2,941,265/- in approved SRP, (List with status of complaints and copy of the compensation sheet for accepted complaints is attached as Annexure XII & Annexure XIII). Thereafter the cheques of the APs have been prepared on 27-05-2013 to compensate the APs according to the decisions of GRC. The APs have approached and have received their compensations amount. The table below gives the details of the grievances and the remedial actions taken to address these grievances.

Table: 3: GRC meetings with Status of Grievances Grievances redressed during monitoring month GRC Meeting Type of Grievances Date, Time and Discussed and APs Remedial Actions S.N Venue Concerns. Proposed/Taken Remarks GRC application were sorted and processed after site visits in presence of APs. According to the APs grievances/claims Site reports and with the regarding construction help of notables of the 16-05-2013 issues and area the applications were 32 applications were rejected as At 10:00 am compensation of no damage was caused due to 1 decided after detail Killa Saifullah, damaged structure and road construction. Cluster I & II trees etc. discussion with APs and All APs have been informed Total 83 Applications area notables to the about their complaint status. received to GRC satisfaction of APs. Total 51 Applications have been accepted and included in GRC compensation sheet. GRC application were APs grievances/claims sorted and processed regarding construction 17 applications were rejected as 18-05-2013 issues and after site visit and location no damage was caused due to 3.30pm compensation of verification. 2 road construction. Killa Saifullah damaged structure and Total 14 Applications have All APs have been informed Cluster III & IV trees etc. been accepted and about their complaint status. Total 31 Applications included in GRC received to GRC compensation sheet. GRC application were APs grievances/claims sorted and processed 47 applications were rejected as regarding construction no damage was caused due to 20-05-2013 issues and after site visit and location road construction. 11.00am compensation of verification. 3 All APs have been informed Killa Saifullah & damaged structure and Total 7 Applications have about their complaint status. Zhob trees etc. been accepted and Total 54 Applications included in GRC received to GRC compensation sheet.

4.3 Institutional Arrangements

23. National Highway Authority as EA has the overall responsibility for execution of project as per agreed loan covenants including those related to compliance with ADB’s safeguard policy However, for over all implementation of the project a PMU is in place under which a Land Acquisition and Resettlement Unit (LARU) is established to look after the preparation and implementation of the Short Resettlement Plans. Overall institutional arrangements for preparation and implementation of SRP of the project are as under:

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Land Acquisition and Resettlement Unit (LARU):

24. Within the PMU, NHA has established Land Acquisition and Resettlement Unit (LARU) through a notification by the NHA EALS wing. The unit functioning under the chair of General Manager N-50 has three members i.e. Project Director N-50, DD (Environment) and Resettlement Specialist. The unit also has AD (L&S), HQ as the coordinator. The composition of the LARU is as follows:

 GM (N-50) Unit Leader  Project Director (N-50) Member  DD (Environment) Member 3  Resettlement Specialist, NHA Member  AD (L&S), HQ Coordinator 25. The LARU was responsible to organize the resettlement tasks, internally monitor SRP preparation and its implementation (including surveys, asset valuation and public consultation), resettlement related cross-agency coordination and SRP approval.

26. In implementation of these tasks, the LARU gets specific technical assistance from Resettlement Specialists Teams under the PMU Support Consultants and Design and Supervision Consultants Record of the meetings of LARU is well maintained at the

27. In addition to the above NHA also notified the constitution of two additional committees under the same notification for the implementation of SRP, these units are the Affected Persons and Citizens Liaison Committee (ACLC) and Grievance Redress Cell (GRC). The composition of these units is given below:

Affected Persons and Citizens Liaison Committee (ACLC):

28. The ACLC consists of AD (L&S), Local Tepedar, Computer Operator, Social Mobilizer and at least 3 representatives of the APs. The objective of the ACLC is mainly to disclose the information to the APs through announcements and information disclosure materials and communicating the arrangements and process of grievance recording and redress. The minutes of the ACLC meetings are well documented and regularly maintained. (Attached as Annexure VII).

Grievance Redress Cell (GRC)

29. The GRC constitutes of Assistant Director (L&S), Computer Operator, Patwari Qanoongo and a Social Mobilizer. The main objective of the GRC is to receive complaints, properly document and categorize these complaints, address the complaints and submit a report to the LARU. 30. Complaints were received and registered in complaints register by the GRC as required under approved resettlement plan. This complaint’s register is updated and maintained at the PMU office. All complaints were scrutinized and investigated thoroughly through project team and local revenue staff. Based on field findings, the GRC conducted its meetings on 16th, 18th &

3 A Resettlement Specialist is mobilized under Supervision Consultants to facilitate LARU in SRP preparation, implementation and monitoring.

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20thMay 2013 and resolved the grievances through a consultative process with APs and notables of the area/concerned villages. The details of grievances received and addressed by GRC are presented in tables 2 and 3 above.

4.4 Monitoring and Evaluation

31. As per the arrangements agreed in the SRP, internal and external monitoring was to be carried out to ensure timely implementation of SRP. Internal monitoring was done through its LAR unit with the support of the resettlement specialist. Monthly reports were prepared on a regular basis and shared with ADB. The reports are well maintained in the PMU at field level and also in EALS at NHA HQ.

32. Hiring of External Monitor was initiated soon after approval of SRP and External Monitoring Agency (EMA) was hired/mobilized in March to verify the implementation progress of SRP. As agreed with NHA the first EMR covered the status of implementation till the 31st of March 2013. Accordingly, the EMA carried out monitoring and reviewed implementation status based on which this final report was prepared and submitted.

5 CONCLUSION

33. The compensation disbursement started as per scheduled plan in the first week of March 2013 and 99.8% of APs were compensated by paying 99.9% of the compensation amount till the end of June. Out of 234 only 2 APs declined to receive compensation payments. This is mainly due to the fact that the compensation amount is very meager i.e. PKR2,200/- and the APs refused to file their claims to receive compensation. The PMU staff approached these remaining APs to convince them to receive their compensations, failing which the remaining amount of PKR4,400/- has been deposited in the project account and the APs have been informed about it.

34. A close liaison was maintained with the APs to ensure compensation disbursement in a prompt manner to ensure maximum disbursement by end of project. All the Grievances received to GRC were recorded in complaint register while grievances like correction in names was done at spot through verification by the local community and notables to ensure timely processing of compensation claims and disburse compensation during monitoring period. The GRC has resolved all the complaints and there are no more pending cases in the project.

35. This second and final RP monitoring report concludes that the compensation has been satisfactorily paid to the APs and there are no outstanding issues or any active compliant on the project. The RP has been implemented in a complaint manner and therefore no further monitoring report is required.

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6 ANNEXURE

Annexure I: Translated summary of SRP

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10

11

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Annexure II: Notice to the Affected Persons

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Annexure III: Pictures of cheque distribution

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15

Annexure IV: Details of compensation payment according to the Type of Impact

Implementation Status of SRP, Killa Saifullah ~ Zhob (N-50) Internal Monitoring Report for JUNE, 2013 AF wise Compensation Total payment status during Cost wise Compensation payment monitoring month Compensation status during monitoring month Total Amount Paid Unpaid Type of Impact AFs Paid Unpaid Rs Rs Rs Structure Loss 79 79 Nil 9,877,143 9,877,143 Nil

Fruit Tree Loss 100 100 Nil 10,686,000 10,686,000 Nil

Wood Tree Loss 139 137 2 7,172,700 7,168,300 4,400

Crop Loss 60 60 Nil 676,641 676,641 Nil

Allowances 64 64 Nil 1,000,174 1,000,174 Nil

Permanent Business Loss 7 7 Nil 285,474 285,474 Nil

Livelihood/Vulnerability 50 50 Nil 679,700 679,700 Nil

Transport Allowance 7 7 Nil 35,000 35,000 Nil

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Annexure V: Payments receipt record with signature and thumb impression

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20

21

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24

25

26

27

28

29

30

31

32

33

34

35

36

37

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Annexure VI: Impact wise compensation payment with status

AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs DISTRICT QILA SAIFULLAH Haji Abdul Compensation 1 Jalal s/o Sher ####### ####### 314,200 4,362,160 Self 12.03.2013 4791226 4,362,160 Nil – – – – paid in full. .M Abdul Ghaffar Compensation 2 202,106 894,000 640,000 1,736,106 Self 12.03.2013 4791227 1,736,106 Nil s/o Sultan – – – – paid in full. Jalaluddin s/o Refused to 3 Khudae – – 2,200 – – – – 2,200 Nil 2,200 Claim as Rahim Meager Amount Mehrab Khan Compensation 4 4,000 4,000 Self 27.05.2013 5352450 4,000 Nil s/o Zarif Khan – – – – – paid in full. Hameedullah Attorney Compensation 5 s/o 6,600 6,600 (Fateh 27.05.2013 5352451 6,600 Nil – – – – – – paid in full. Inayatullah khan) Asmatullah Compensation 6 6,000 6,000 Self 19.03.2013 4791238 6,600 Nil s/o Haji Ali – – – – – – paid in full. Abdul Bari Compensation 7 597,500 597,500 Self 12.03.2013 4791228 597,500 Nil s/o Saadullah – – – – – – paid in full. Rafiullah s/o Compensation 8 527,400 ####### 1,712,400 Self 12.03.2013 4791237 1,712,400 Nil Haji Ali – – – – – paid in full. Nek dad s/o Compensation 9 97,200 40,782 5,000 142,982 Self 27.05.2013 5352449 142,982 Nil Haji Sher Ali – – – – paid in full. Fateh Khan Compensation 10 s/o Haji Soba 9,225 9,225 Self 27.05.2013 5352451 9,225 Nil – – – – – – paid in full. Khan Haji Abdul Attorney Compensation 11 Salam s/o 2,500 13,594 16,094 12.03.2013 4791237 16,094 Nil – – – – – (Rafiullah) paid in full. Abdul Rahim Yar Attorney Compensation 12 .Muhammad 2,500 13,594 16,094 12.03.2013 4791237 16,094 Nil – – – – – (Rafiullah) paid in full. s/o ? Haji Abdul Compensation 13 10,000 10,000 Self 12.03.2013 4791231 10,000 Nil Samad s/o ? – – – – – – paid in full. Provincial Compensation 14 Govt of 7,500 58,200 65,700 AC (KSF) 12.03.2013 4791234 65,700 Nil – – – – – paid in full. Balochistan

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Nwb M. Asraf Compensation 15 7,500 17,600 25,100 Self 28.06.2013 5352458 25,100 Nil Khan – – – – – paid in full. Nwb Raza Attorney Compensation 16 Shah s/o 89,250 89,250 20.03.2013 4791241 89,250 Nil – – – – – – (M. Saeed) paid in full. Ahmed yar Abdul Compensation 17 Rasheed S/o 15,400 13,594 28,994 Self 27.05.2013 5352452 28,994 Nil – – – – – paid in full. Khuda Raham Ameer Shah Compensation 18 s/o Haji Abdul 22,000 22,000 Self 27.05.2013 5352455 22,000 Nil – – – – – – paid in full. Ghafoor M. Kalam s/o Compensation 19 64,400 64,400 64,400 Nil Din .M – – – – – – paid in full. Shamillat Attorney Compensation 20 (Combined 17,600 17,600 (Nwb.M. 28.06.2013 5352458 17,600 Nil – – – – – – paid in full. Land) Ashraf) Palawan Shah Compensation 21 2,500 13,594 16,094 Self 20.03.2013 4791240 16,094 Nil – – – – – paid in full. Madrassa Compensation 22 Anwaar ul 35,800 35,800 Self 20.03.2013 4791239 35,800 Nil – – – – – – paid in full. Aloom Akhtar Shah Compensation 23 s/o Mir 385,560 40,782 5,000 431,342 Self 20.03.2013 4791242 431,342 Nil – – – – paid in full. Hashim Taj .M s/o M. Attorney Compensation 24 312,560 40,782 5,000 358,342 20.03.2013 4791239 258,342 Nil Rafiq – – – – (M. Ayub) paid in full. Madrassa Attorney Compensation 25 2,500 14,200 16,700 04.04.2013 5352409 16,700 Nil Khalgai – – – – – (M. Rahim) paid in full. Gul Habib Compensation 26 71,000 52,800 123,800 Self 20.03.2013 4791243 123,800 Nil – – – – – paid in full. Safar Khan Refused to 27 S/o Dosti – – 2,200 – – – – 2,200 Nil 2,200 Claim as Meager Amount Hayatullah Attorney Compensation 28 s/o Abdullah 7,500 112,000 119,500 (Soba 20.03.2013 4791244 119,500 Nil – – – – – paid in full. Khan) M.Aslam s/o Attorney Compensation 29 22,000 22,000 20.03.2013 4791245 22,000 Nil Haji Alo Khan – – – – – – (M.Essa) paid in full. 30 M. Essa s/o – – 15,400 – – – – 15,400 Self 20.03.2013 4791245 15,400 Nil Compensation

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Haji Alo Khan paid in full. Zarif Khan s/o Attorney Compensation 31 8,800 13,594 22,394 20.03.2013 4791245 22,394 Nil Rehmatulla – – – – – (M.Essa) paid in full. Babu Rozi .M Compensation 32 5,000 13,594 18,594 Self 27.03.2013 5352382 18,594 Nil s/o Bajur – – – – – paid in full. Haji Rahmataan Attorney Compensation 33 33,000 33,000 20.03.2013 4791246 33,000 Nil s/o Shikar – – – – – – (M.Rasul) paid in full. Khan Haji Malesh Compensation 34 s/o 118,800 52,000 13,200 184,000 Self 12.03.2013 4791233 184,000 Nil – – – – paid in full. Mohammad Aminullah s/o Attorney Compensation 35 2,200 13,594 15,794 12.03.2013 4791233 15,794 Nil Sada. M – – – – – (H.Malesh) paid in full. Habibullah Attorney Compensation 36 2,200 13,594 15,794 12.03.2013 4791232 15,794 Nil s/o Meerdad – – – – – (Tajuddin) paid in full. Nematullah Attorney Compensation 37 17,600 17,600 12.03.2013 4791233 17,600 Nil s/o M. Naeem – – – – – – (H.Malesh) paid in full. Abdul Khaliq Attorney Compensation 38 s/o 4,400 4,400 12.03.2013 4791233 4,400 Nil – – – – – – (H.Malesh) paid in full. Naseeruddin Habibullah Attorney Compensation 39 4,400 4,400 12.03.2013 4791232 4,400 Nil s/o Mir Dad – – – – – – (Tajuddin) paid in full. Abdul Khaliq Compensation 40 32,400 77,000 109,400 Self 20.03.2013 4791247 109,400 Nil s/o M.Rafiq – – – – – paid in full. Rest House Compensation 41+42 106,400 18,500 124,900 AC (KSF) 12.03.2013 4791234 124,900 Nil (Shinkai) – – – – – paid in full. Kamal uddin Attorney Compensation 43 4,320 4,320 20.03.2013 4791248 4,320 Nil s/o Majnoon – – – – – – (Ab.Zahir) paid in full. Abdul Razaq Attorney Compensation 44 5,786 5,786 20.03.2013 4791248 5,786 Nil s/o Islam – – – – – – (Ab.Zahir) paid in full. M. Tahir s/o Compensation 45 164,000 22,000 186,000 Self 12.03.2013 4791229 186,000 Nil Abdul Haq – – – – – paid in full. Ghulam .M Attorney Compensation 46 6,792 13,594 20,386 20.03.2013 4791248 20,386 Nil S/o Atta. M – – – – – (Ab.Zahir) paid in full. Zainullah s/o Attorney Compensation 47 6,600 7,028 13,628 20.03.2013 4791248 13,628 Nil Abdul Ghaffar – – – – (Ab.Zahir) paid in full. Abdul Wasey Attorney Compensation 48 22,000 6,024 13,594 41,618 20.03.2013 4791248 41,618 Nil S/o Abdul – – – – (Ab.Zahir) paid in full.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Qayyum. Haji sadiq s/o Compensation 49 26,400 43,520 69,920 Self 12.03.2013 4791230 69,920 Nil Sabeel – – – – – paid in full. Abdul Rasheed s/o Attorney Compensation 50 24,905 24,905 20.03.2013 4791248 24,905 Nil Abdul – – – – – – (Ab.Zahir) paid in full. Hameed Abdul Zahir Compensation 51 s/o Abdul 35,722 35,722 Self 20.03.2013 4791248 35,722 Nil – – – – – – paid in full. Hameed Abdul Wahid Attorney Compensation 52 s/o 6,600 13,594 20,194 20.03.2013 5352376 20,194 Nil – – – – – (Tajuddin) paid in full. Nizamuddin Ahmed s/o Attorney Compensation 53 Jumadad 9,308 9,308 20.03.2013 5352376 9,308 Nil – – – – – (Tajuddin) paid in full. Sheikh Abdul Wahid Compensation 54 s/o Molvi 4,400 13,594 17,994 Self 20.03.2013 4791249 17,994 Nil – – – – – paid in full. Ubaidullah Lalai s/o Haji Attorney Compensation 55 10,000 13,200 13,594 36,794 20.03.2013 5352376 36,794 Nil Zahir – – – – (Tajuddin) paid in full. Molvi Anwaaruddin Attorney Compensation 56 39,600 39,600 20.03.2013 5352376 39,600 Nil s/o Mulla – – – – – – (Tajuddin) paid in full. Hurat Madrissa Attorney Compensation 57 Noor ul 236,200 5,000 2,200 40,782 5,000 289,182 20.03.2013 5352376 289,182 Nil – – (Tajuddin) paid in full. Aloom Abdul Attorney Compensation 58 Rasheed s/o 649,680 2,500 25,800 13594 691,574 20.03.2013 5352376 691,574 Nil – – (Tajuddin) paid in full. Ismaeel Abdul Razaaq Attorney Compensation 59 s/o Jahan 182,520 40,782 5,000 228,302 20.03.2013 5352376 228,302 Nil – – – (Tajuddin) paid in full. uddin Fazal Qadar Attorney Compensation 60 225,000 429,000 99,000 753,000 20.03.2013 5352376 753,000 Nil s/o Palawaan – – – – (Tajuddin) paid in full. Hamza s/o M. Attorney Compensation 61 14,100 13,594 27,694 20.03.2013 5352376 27,694 Nil Hayaat – – – – – (Tajuddin) paid in full. 62 Zareef Khan – – 16,900 – – – – 16,900 Attorney 20.03.2013 5352376 16,900 Nil Compensation

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs s/o Saifuddin (Tajuddin) paid in full. Faizulhaq s/o Compensation 63 2,200 2,200 Self 20.03.2013 5352380 2,200 Nil M. Ishaq – – – – – – paid in full. Zainullah s/o Attorney Compensation 64 Ainuddin 4,780 13,594 18,374 (Mula 20.03.2013 5352381 18,374 Nil – – – – – paid in full. Gulan) 1. Abdul Manan s/o, + Attorney Compensation 65 2. Ziaulhaq 7,000 2,200 20,880 30,080 (Fazlul 20.03.2013 5352380 30,080 Nil – – – – paid in full. s/o (Equal Haq) Share) Masood s/o Attorney Compensation 66 Bilhan 9,811 13,594 23,405 (Mula 20.03.2013 5352381 23,405 Nil – – – – paid in full. Gulan) Abdul Hayee Attorney Compensation 67 s/o Abdul 15,400 10,817 26,217 (Fazlul 20.03.2013 5352380 26,217 Nil – – – – – paid in full. Rehman Haq) 1. Amanullah s/o, + Attorney Compensation 68 2. Khudai 18,000 18,000 (Fazlul 20.03.2013 5352380 18,000 Nil – – – – – – paid in full. Nazar s/o Haq) (Equal Share) Ghulam Attorney Compensation 69 Sarwar s/o 349,920 25,000 41,508 416,428 (Molvi 12.03.2013 4791235 416,428 Nil – – – – paid in full. Karam Khan Bashir) Madrassa Compensation 70 Misbah ul 66,000 20,000 22,000 108,000 Self 20.03.2013 5352381 108,000 Nil – – – paid in full. Aloom Molvi Compensation 71 Basheer s/o 25,000 39,747 64,747 Self 12.03.2013 4791235 64,747 Nil – – – – – paid in full. Mulla Ikhlaas Ghulam Attorney Compensation 72 Rasool s/o 22,500 35,973 58,473 (Molvi 12.03.2013 4791235 58,473 Nil – – – – – paid in full. Mehrbaan Bashir) Shahbuddin Attorney Compensation 73 s/o Barahmat 4,277 13,594 17,871 (Mula 20.03.2013 5352381 17,871 Nil – – – – – paid in full. Gulan) Nasrullah s/o Attorney Compensation 74 37,470 37,470 12.03.2013 4791235 37,470 Nil Mula Qasim – – – – – – (Molvi paid in full.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Bashir) Hazar Khan Attorney Compensation 75 s/o Salo 7,798 7,798 (Mula 20.03.2013 5352381 7,798 Nil – – – – – – paid in full. Gulan) Faiz .M s/o Attorney Compensation 76 9,308 13,594 22,902 12.03.2013 4791236 22,902 Nil Mashkanai – – – – – (H. Ameer) paid in full. Rafo jan s/o Attorney Compensation 77 Bajur 7,798 13,594 21,392 (Fazlul 20.03.2013 5352380 21,392 Nil – – – – – paid in full. Haq) Khudai Attorney Compensation 78 Raham s/o 88,600 11,320 99,920 (Fazlul 20.03.2013 5352380 99,920 Nil – – – – – paid in full. Zaman Haq) Juma Wali s/o Attorney Compensation 79 Emandaar 4,400 4,779 9,179 (Mula 20.03.2013 5352381 9,179 Nil – – – – – paid in full. Gulan) Khudaidad Attorney Compensation 80 s/o Tajuddin 1,509 13,594 15,103 (Mula 20.03.2013 5352381 15,103 Nil – – – – – paid in full. Gulan) Nazar . M s/o Attorney Compensation 81 Shinkai 6,540 13,594 20,134 (Mula 20.03.2013 5352381 20,134 Nil – – – – – paid in full. Gulan) Para din s/o Attorney Compensation 82 Mula Ahmed 3,270 3,270 (Mula 20.03.2013 5352381 3,270 Nil – – – – – – paid in full. Gulan) Durrani s/o Attorney Compensation 83 Sultan 7,500 3,000 1,760 12,260 (Mula 20.03.2013 5352381 12,260 Nil – – – – paid in full. Gulan) Jahanuddin Attorney Compensation 84 s/o lal .M 18,400 7,798 26,198 (Fazlul 20.03.2013 5352380 26,198 Nil – – – – – paid in full. Haq) Paindai s/o Attorney Compensation 85 12,200 12,200 20.03.2013 5352376 12,200 Nil Qadardad – – – – – – (Tajuddin) paid in full. Dadan s/o Attorney Compensation 86 297,000 180,000 477,000 20.03.2013 5352376 477,000 Nil Mola dad – – – – – (Tajuddin) paid in full. Molvi Attorney Compensation 87 Nematulla s/o 209,000 2,200 211,200 20.03.2013 5352376 211,200 Nil – – – – – (Tajuddin) paid in full. Fazal din Fazal dad s/o Attorney Compensation 88 10,000 2,200 12,200 20.03.2013 5352376 12,200 Nil Shahnoor – – – – – (Tajuddin) paid in full.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs 1. Moladad s/o ? Attorney Compensation 89 59,800 50,600 110,400 04.04.2013 5352411 110,400 Nil 2. Haqdad – – – – – (M. Tariq) paid in full. s/o ? Tajuddin s/o Compensation 90 13,800 2,200 13,594 29,594 Self 20.03.2013 5352376 29,594 Nil Malghzaar – – – – paid in full. 1. Alam Khan Attorney & Compensation 91 2,500 6,600 9,100 (Mula 20.03.2013 5352381 9,100 Nil 2. Zainullah – – – – – paid in full. Gulan) s/o Ainuddin Tajuddin s/o Attorney Compensation 92 Sher .M 71,500 6,600 78,100 (Fazlul 20.03.2013 5352380 78,100 Nil – – – – – paid in full. Haq) Haji Ameer Compensation 93 s/o Azeem 14,000 14,000 Self 12.03.2013 4791236 14,000 Nil – – – – – paid in full. Khan M.Nazeer s/o Attorney Compensation 94 28,600 13,594 42,194 12.03.2013 4791236 42,194 Nil Azeem khan – – – – – (H. Ameer) paid in full. Akhtar .M s/o Attorney Compensation 95 35,200 35,200 12.03.2013 4791236 35,200 Nil Dad .M – – – – – – (H. Ameer) paid in full. M.Usman s/o Attorney Compensation 96 Malik Abdur 8,800 8,800 12.03.2013 4791236 8,800 Nil – – – – – – (H. Ameer) paid in full. Rehmat M. Sharif s/o Attorney Compensation 97 4,400 4,400 12.03.2013 4791236 4,400 Nil Haji Payo – – – – – – (H. Ameer) paid in full. Haji Ameer Compensation 98 s/o Azeem 77,000 77,000 Self 12.03.2013 4791236 77,000 Nil – – – – – – paid in full. Khan Nooruddin Attorney Compensation 99 s/o Azeem 144,000 70,900 214,900 12.03.2013 4791236 214,900 Nil – – – – – (H. Ameer) paid in full. Khan Roziuddin s/o Attorney Compensation 100 Alam Khan 13,200 13,594 26,794 (Mula 20.03.2013 5352381 26,794 Nil – – – – – paid in full. Gulan) Paindai s/o Attorney Compensation 101 Haazi 6,600 6,600 (Mula 20.03.2013 5352381 6,600 Nil – – – – – – paid in full. Gulan) Abdul Qadar Attorney Compensation 102 13,200 13,594 26,794 20.03.2013 5352380 26,794 Nil s/o Aqal Khan – – – – – (Fazlul paid in full.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Haq) Paindak s/o Attorney Compensation 103 Akhtar Khan 5,400 13,594 18,994 (Fazlul 20.03.2013 5352380 18,994 Nil – – – – – paid in full. Haq) Shanuddin Attorney Compensation 104 s/o Taveez 22,000 22,000 (Molvi 12.03.2013 4791235 22,000 Nil – – – – – – paid in full. khan Bashir) Feroz / Raze Attorney Compensation 105 Gul s/o 50,500 8,800 13594 72,894 12.03.2013 4791236 72,894 Nil – – – – (H. Ameer) paid in full. Allahdad Ameer ul Attorney Compensation 106 Mulk s/o 71,500 16,200 87,700 (Fazlul 20.03.2013 5352380 87,700 Nil – – – – – paid in full. Ahmed Haq) Abdul Jalal s/o Karam Compensation 107 Khan + Abdul 154,440 40,782 5,000 200,222 200,222 Nil – – – – paid in full. Khaliq s/o Khair .M Levies Check Compensation 108 112,320 112,320 AC (KSF) 20.03.2013 4791250 112,320 Nil Post – – – – – – paid in full. Kamaluddin Attorney Compensation 109 s/o Juma 2,500 2,200 13,594 18,294 (Fazlul 20.03.2013 5352380 18,294 Nil – – – – paid in full. Khan Haq) Sub Total 16,147,007 Total – DISTRICT ZHOB Rozak s/o Attorney Compensation 1 129,300 11,000 140,300 20.03.2013 5352379 140,300 Nil Daulat Khan – – – – – (Ab Qahir) paid in full. Hasham Khan Attorney Compensation 2 s/o Ghafoor 6,037 6,037 28.06.2013 5352459 6,037 Nil – – – – – (M. Shah) paid in full. Khan Hashim Khan Attorney Compensation 3 s/o Musa 2,500 2,200 5,786 13,594 24,080 27.03.2013 5352399 24,080 Nil – – – (Baz. M) paid in full. kalim 1. Zia ul Haq s/o Ghulam Attorney Compensation 4 Mustafa, 2. 2,500 2,500 28.06.2013 5352459 2,500 Nil – – – – – – (M. Shah) paid in full. Abu Bakar s/o Paindak.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Zarai s/o Compensation 5 15,000 4,400 13,594 32,994 Self 27.03.2013 5352397 32,994 Nil Malik – – – – paid in full. Din.M s/o Compensation 6 6,600 13,594 20,194 Self 27.03.2013 5352398 20,194 Nil Walok – – – – – paid in full. Janan s/o Compensation 7 2,200 2,200 Self 27.05.2013 5352453 2,200 Nil Paind Khan – – – – – – paid in full. Paindai s/o Compensation 8 38,000 56,000 94,000 Self 27.03.2013 5352396 94,000 Nil Musa Khan – – – – – paid in full. Abdul Razaq Compensation 9 s/o Malik M. 37,500 13,594 51,094 Self 27.03.2013 5352396 51,094 Nil – – – – – paid in full. Rasool Sada Gul s/o Compensation 10 19,680 6,600 26,280 Self 04.04.2013 5352410 26,280 Nil Malik Jano – – – – – paid in full. Malik Dilbar Attorney Compensation 11 s/o Syedullah 402,000 271,200 673,200 (Azizur 673,200 Nil – – – – – paid in full. Rehman) 27.03.2013 5352388 Aziz ur Compensation 12 Rehman s/o 407,500 407,500 Self 407,500 Nil – – – – – – paid in full. Molvi Nadar Kamal uddin Compensation 13 111,000 111,000 Self 27.03.2013 5352386 111,000 Nil s/o M.Din – – – – – – paid in full. Ziauddin s/o Compensation 14 111,000 111,000 Self 27.03.2013 5352385 111,000 Nil M.Din – – – – – – paid in full. Naseeruddin Attorney Compensation 15 s/o Molvi 80,000 80,000 (Azizur 27.03.2013 5352388 80,000 Nil – – – – – – paid in full. Nadar Rehman) Nasib Khan Attorney Compensation 16 s/o Akbar 80,000 13,594 93,594 (Azizur 27.03.2013 5352388 93,594 Nil – – – – – paid in full. Khan Rehman) Rozuddin Attorney (Malik Compensation 17 83,000 83,000 27.03.2013 5352389 83,000 Nil – – – – – – Ghulam paid in full. Dastgir) 1. Malik Dilbar s/o Syedullah, Attorney Compensation 18 2. Aziz ur 111,600 10,818 13,594 136,012 (Azizur 27.03.2013 5352388 136,012 Nil – – – – paid in full. Rehman s/o Rehman) Molvi Nadar 19 Najibuddin – – 81,000 – – – – 81,000 Self 27.03.2013 5352384 81,000 Nil Compensation

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs s/o Allahnoor paid in full. Jamaluddin Attorney Compensation 20 s/o Allahnoor 82,000 82,000 (Azizur 27.03.2013 5352388 82,000 Nil – – – – – – paid in full. Rehman) Ghulam Compensation 21 234,500 234,500 Self 234,500 Nil Dastageer – – – – – – paid in full. M. Yaqoob Attorney 27.03.2013 5352389 (Malik Compensation 22 204,600 204,600 204,600 Nil – – – – – – Ghulam paid in full. Dastgir) Abdullah Compensation 23 Khan s/o 79,200 19,119 98,319 98,319 Nil – – – – – Attorney paid in full. Soba Khan 27.03.2013 5352401 (Mastak) Abdul Rauf Compensation 24 58,000 12,578 13,594 84,172 84,172 Nil s/o Hassan – – – – paid in full. Abdul Mateen Compensation 25 12,500 188,100 7,295 207,895 Self 27.03.2013 5352387 207,895 Nil etc s/o Masho – – – – paid in full. 1. Nasib Khan s/o Akbar Attorney Khan, Compensation 26 12,500 174,800 187,300 (Azizur 27.03.2013 5352388 187,300 Nil 2. Anwar – – – – – paid in full. Rehman) Khan s/o Ali Shah 1. Mola dad, Attorney Compensation 27 2. Allahdad 33,000 16,854 49,854 (Azizur 27.03.2013 5352388 49,854 Nil – – – – – paid in full. s/o Sheikho Rehman) Akhtar shah Attorney s/o Sher Khan (Malik Compensation 28 280,000 19,800 299,800 27.03.2013 5352389 299,800 Nil – – – – Ghulam paid in full. Dastgir) 1. Mastak, Compensation 29 2. Faizak s/o 136,320 92,500 60,800 8,049 297,669 Self 27.03.2013 5352401 297,669 Nil – – – paid in full. Baik 1. Mula Torak, Attorney 2. Rozai, (Malik Compensation 30 80,000 48,000 15,093 143,093 27.03.2013 5352389 143,093 Nil 3. Jumadad – – – – Ghulam paid in full. s/o Sikandar Dastgir) (1/2 Share) 4.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Akhtar s/o Shabaz (1/2 Share). Gul Sher s/o Attorney Faqir .M (Malik Compensation 31 61,600 4,780 66,380 27.03.2013 5352389 66,380 Nil – – – Ghulam paid in full. Dastgir) Abdul Rahim Attorney Compensation 32 88,800 3,773 13,594 106,167 27.03.2013 5352401 106,167 Nil s/o Malik – – – – (Mastak) paid in full. 1. Azim Khan, 2. Musa khan s/o Soba khan (1/2 Compensation 33 9,056 9,056 Self 27.05.2013 5352454 9,056 Nil Share) + – – – – – – paid in full. 3. Ajab Noor s/o M. Khan (1/2 Share) Akhunzada Attorney Compensation 34 Aminullah s/o 79,200 1,509 80,709 (Ghulam 27.03.2013 5352383 80,709 Nil – – – – paid in full. M.Yar Hyder) Badaruddin Compensation 35 s/o Daulat 7,500 31,000 38,500 Self 27.03.2013 5352400 38,500 Nil – – – – paid in full. Khan Akhunzada Attorney Compensation 36 Aminullah s/o 16,000 22,000 10,062 48,062 (Ghulam 48,062 Nil – – – – paid in full. M.Yar Hyder) Malak Ghulam Compensation 37 2,142 307,900 310,042 Self 310,042 Nil Hyder s/o – – – – – 27.03.2013 5352383 paid in full. Hazrat Khan Malak Ghulam Compensation 38 200,000 200,000 Self 200,000 Nil Hyder s/o – – – – – – paid in full. Hazrat Khan 1. Mehboob, Attorney 2. Abdullah (Malik Compensation 39 63,500 16,000 13,594 93,094 27.03.2013 5352389 93,094 Nil s/o M.Islam – – – – Ghulam paid in full. Dastgir) 40 1. Saalehan, – – 44,000 – – 13,594 – 57,594 Attorney 27.03.2013 5352389 57,594 Nil Compensation

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs 2. M.Usman, (Malik paid in full. 3. Islam s/o Ghulam Khanan Dastgir) 1. Mehboob, Attorney 2. Abdullah (Malik Compensation 41 41,500 13,594 55,094 27.03.2013 5352389 55,094 Nil s/o M.Islam – – – – – Ghulam paid in full. Dastgir) 1. M. Usman, Attorney 2. Islam s/o (Malik Compensation 42 109,500 64,000 173,500 27.03.2013 5352389 173,500 Nil Khanan – – – – – Ghulam paid in full. Dastgir) Haji Saalehan Attorney s/o Khanan (Malik Compensation 43 44,800 7,044 51,844 27.03.2013 5352389 51,844 Nil – – – – – Ghulam paid in full. Dastgir) 1. Zahir Shah Compensation 44 2. Ali Shah 81,000 18,000 63,400 39,998 202,398 Self 27.03.2013 202,398 Nil – – – paid in full. s/o Sada .M M. Naeem s/o Compensation 45 11,760 11,760 Self 28.06.2013 5352460 11,760 Nil Mukam Shah – – – – – – paid in full. M. Salim etc Attorney Compensation 46 4,400 4,400 (Raza 28.06.2013 5352461 4,400 Nil – – – – – – paid in full. Shah) Sher Jan s/o Compensation 47 10,000 10,000 Self 27.03.2013 5352390 10,000 Nil Nemat – – – – – – paid in full. Dad Ali s/o Compensation 48 12,578 12,578 12,578 Nil Faqir . M – – – – – – Attorney paid in full. 27.03.2013 5352391 Khudai Nazar (Abdullah) Compensation 49 26,665 13,594 40,259 40,259 Nil s/o Sada . M – – – – – paid in full. Shabai Compensation 50 95,760 301,000 22,000 418,760 Self 27.03.2013 5352393 418,760 Nil Sherani – – – – paid in full. M. Sheikh Attorney Compensation 51 1,761 13,594 15,355 (Mohamma 27.03.2013 5352406 15,355 Nil – – – – – paid in full. d) Mula Abdul Attorney Compensation 52 Khaliq s/o 27,200 6,279 33,479 (H. Baran 27.03.2013 5352395 33,479 Nil – – – – – paid in full. Mutha Khan Khan) Hassan Attorney Compensation 53 2,767 2,767 04.04.2013 5253412 2,767 Nil – – – – – – (M. Ayaz) paid in full.

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AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Karim Khan Attorney Compensation 54 2,012 2,012 (H. M 04.04.2013 5352415 2,012 Nil – – – – – – paid in full. Hanif) Sahbaan s/o Attorney Compensation 55 16,000 2,516 13,594 32,110 04.04.2013 5253412 32,110 Nil Kashmir – – – – (M. Ayaz) paid in full. Samad Khan Attorney Compensation 56 s/o Khan .M 54,000 22,000 76,000 (H. M 04.04.2013 5352415 76,000 Nil – – – – – paid in full. Hanif) Abdul Haq Compensation 57 186,240 7,500 61,600 255,340 Self 04.04.2013 5352418 255,340 Nil – – – – paid in full. Ghaffar s/o Attorney Compensation 58 Rozuddin 91,920 36,000 127,920 (Mohamma 27.03.2013 5352406 127,920 Nil – – – – – paid in full. d) Khaliqdad Attorney Compensation 59 1,761 13,594 15,355 (H. M 04.04.2013 5352415 15,355 Nil – – – – – paid in full. Hanif) Akhtar Attorney Compensation 60 1,761 1,761 (H. M 04.04.2013 5352415 1,761 Nil – – – – – – paid in full. Hanif) Sultan Rahim Attorney Compensation 61 149,760 135,500 16,000 3,522 304,782 27.03.2013 5352404 304,782 Nil s/o Nazar . M – – – (M. Karim) paid in full. Abdul Rahim Attorney Compensation 62 s/o 51,840 2,012 53,852 (Mohamma 27.03.2013 5352406 53,852 Nil – – – – – paid in full. Khudaidad d) Asal Khan s/o Attorney Compensation 63 Abdullah Jan 88,800 2,012 90,812 (Abdul 04.04.2013 5253413 90,812 Nil – – – – – paid in full. Ghaffar) Sadaruddin Attorney Compensation 64 s/o Malik Din 59,520 5,031 64,551 (H. Baran 27.03.2013 5352395 64,551 Nil – – – – – paid in full. Khan) Akhtar s/o M. Compensation 65 3,270 13,594 16,864 Self 27.03.2013 5352407 16,864 Nil Din – – – – – paid in full. Alam Khan Attorney Compensation 66 s/o Rozi Khan 2,012 2,012 (H. M 04.04.2013 5352415 2,012 Nil – – – – – – paid in full. Hanif) Haji M. Sharif Compensation 67 13,333 13,333 Self 27.03.2013 5352394 13,333 Nil s/o Abdullah – – – – – – paid in full. Abdul Rahim Attorney Compensation 68 50,400 13,594 63,994 04.04.2013 5352415 63,994 Nil s/o Khuai – – – – – (H. M paid in full.

51

AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Raham Hanif) Mohammad Compensation 69 22,000 13,594 35,594 Self 27.03.2013 5352406 35,594 Nil s/o Akhtar .M – – – – – paid in full. Haji Abdullah Attorney Compensation 70 s/o Bashuk 80,000 80,000 (Mohamma 27.03.2013 5352406 80,000 Nil – – – – – – paid in full. d) Abdul Khaliq Attorney Compensation 71 s/o 36,500 36,500 (H. Baran 27.03.2013 5352395 36,500 Nil – – – – – – paid in full. Saddruddin Khan) Saddaruddin Attorney Compensation 72 s/o Malik din 23,000 23,000 46,000 (H. Baran 27.03.2013 5352395 46,000 Nil – – – – – paid in full. Khan) Nizam s/o Compensation 73 107,040 76,100 117,100 300,240 Self 04.04.2013 5352416 300,240 Nil Abdul Rahim – – – – paid in full. Qadar s/o M. Attorney Compensation 74 Jan 32,000 32,000 (Aslam 27.03.2013 5352408 32,000 Nil – – – – – – paid in full. Jan) Adam Khan Attorney Compensation 75 s/o Abdul 51,600 568,000 168,000 787,600 (H. Baran 27.03.2013 5352395 787,600 Nil – – – – paid in full. Hameed Khan) Haji Hanif Compensation 76 Khan s/o 216,000 216,000 Self 04.04.2013 5352415 216,000 Nil – – – – – – paid in full. Sanzar Khan Baran Khan Compensation 77 s/o Abdul 138,240 ####### 223,900 1,665,140 Self 27.03.2013 5352395 1,665,140 Nil – – – – paid in full. Rehman Abdullahjan Attorney Compensation 78 s/o Abdul 188,940 50,500 18,400 257,840 (H. Baran 27.03.2013 5352395 257,840 Nil – – – – paid in full. Majeed Khan) Khairullah s/o Attorney Compensation 79 Mula 87,000 87,000 (H. M 04.04.2013 5352415 87,000 Nil – – – – – – paid in full. Rahmatullah Hanif) Fazal Rehman Attorney Compensation 80 s/o Khudai 145,800 10,000 155,800 (H. Baran 27.03.2013 5352395 155,800 Nil – – – – – paid in full. Rahim Khan) Haji M. Sharif Compensation 81 273,920 390,000 124,800 788,720 Self 27.03.2013 5352394 788,720 Nil s/o Abdullah – – – – paid in full. Haji Hanif Compensation 82 43,200 43,200 Self 04.04.2013 5352415 43,200 Nil Khan s/o – – – – – – paid in full.

52

AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Sanzar Khan Bakht .M s/o Compensation 83 59,520 6,600 13,594 79,714 Self 04.04.2013 5352417 79,714 Nil Nek .M – – – – paid in full. 1. Sunnatullah 2. Rahimullah 3. M. Jan 4. Zainullah Attorney Compensation 84 s/o Arsala 102,960 66,500 4,400 173,860 (H. Baran 27.03.2013 5352403 173,860 Nil – – – – paid in full. Khan (3/4 Khan) Share) 5. Gul Hassan s/o Baitullah (1/4 Share) Inam s/o Compensation 85 176,640 19,000 20,500 216,140 Self 27.03.2013 5352405 216,140 Nil Syeduddin – – – – paid in full. Mirza Khan Attorney Compensation 86 s.o Fateh . M 95,040 2,500 12,000 3,270 112,810 (Rahim 27.03.2013 5352402 112,810 Nil – – – paid in full. Khan) 1. Mirdad 2. Gul dad Attorney Compensation 87 3. Zardad 72,000 43,500 8,000 123,500 27.03.2013 5352405 123,500 Nil – – – – (Inam) paid in full. 4. Sahibdad s/o Allahdad Zardad s/o Attorney Compensation 88 60,000 2,200 62,200 27.03.2013 5352405 62,200 Nil Allahdad – – – – – (Inam) paid in full. Levies Check ADC Compensation 89 7,500 7,500 27.03.2013 5352392 7,500 Nil Post – – – – – – (Zhob) paid in full. Akhtar s/o M. Compensation 90 79,200 24,000 103,200 Self 27.03.2013 5352407 103,200 Nil Din – – – – – paid in full. Haji Hanif Compensation 91 Khan s/o 124,800 5,000 4,400 134,200 Self 04.04.2013 5352415 134,200 Nil – – – – paid in full. Sanzar Khan Sada Noor s/o Attorney Compensation 92 M. Noor 36,000 13,594 49,594 (Mohamma 27.03.2013 5352406 49,594 Nil – – – – – paid in full. d) Ghaffar s/o Attorney Compensation 93 Nooro 151,200 40,782 5,000 196,982 (H. Baran 27.03.2013 5352395 196,982 Nil – – – paid in full. Khan)

53

AP/Impact wise Compensation Payment Status Sheet with reasons for non-payment and plan to complete payment. Compensation to be paid (Impact Wise) Compensation Payment Status Tree and Crops Remarks - Total Total Loss Loss Allwcs.) Allwcs.) others others (if any) (if any) non Paid on on Paid amount amount Balance Balance Trees Trees Wood Wood Crops Crops voucher/ voucher/ Business Business Transport Transport Explain Explain (Strc.+Trees, (Strc.+Trees, Allowance Allowance Allowance Allowance Structures Structures Vulnerable Vulnerable Crops+ Other Other Crops+ Livelihood/ Livelihood/ payment payment Name of AF of AF Name Compensation Compensation Vide Cheque/ Cheque/ Vide Fruit Trees Trees Fruit Amount Paid Paid Amount reasons for for reasons by (Self/Attorney) by (Self/Attorney) Amount Received Received Amount S# Rs RS RS Rs Rs Rs Rs Rs Date No. Rs Rs Madrassa Attorney Compensation 94 Arabia 24,720 24,720 (H. M 04.04.2013 5352415 24,720 Nil – – – – – – paid in full. Hanif) Rozuddain Attorney Compensation 95 s/o Fateh 95,040 95,040 04.04.2013 5352414 95,040 Nil – – – – – – (Akhtar. M) paid in full. Khan Fazal Rahim Attorney Compensation 96 s/o Akhtar 48,960 48,960 (H.M 27.03.2013 5352394 48,960 Nil – – – – – – paid in full. Qadar Sharif) Sharafuddin Attorney Compensation 97 s/o Momin 34,320 13,594 47,914 (Rahim 27.03.2013 5352402 47,914 Nil – – – – – paid in full. Khan) Levies Check ADC Compensation 98 30,000 30,000 27.03.2013 5352392 30,000 Nil Post – – – – – (Zhob) paid in full. Sub Total Total 13,265,651 Zhob Grand Grand Total 29,412,658 Total

54

Annexure VII: List of APs not approaching NHA

Non-Compensated AP's Status Sheet with Reasons and Plan to Complete Payment Compensation to be paid (Impact Wise) Total Tree and Crops Compensation Balance Remarks Fruit Wood Business Livelihood/Vulnerable Transport (Strc.+Trees,Crops amount Explain Plan to Structures Trees Trees Crops Loss Allowance Allowance + Other Allwcs.) (if any) reasons pay for non- S# Name of AF Rs RS RS Rs Rs Rs Rs Rs Rs payment Date Jalaluddin Refused to Amount 1 s/o Khudae - - 2,200 - - - - 2,200 2,200 claim Deposited Rahim against in project Safar Khan meager 4 - - 2,200 - - - - 2,200 2,200 account S/o Dosti amount.

Total = 4,400

55

Annexure VIII: Sample of Judicial Stamp paper for power of attorney

56

Annexure IX: Minutes of the meeting of ACLC

57

Annexure X: Notification for the formation of LARU, ACLC and GRC

58

Annexure XI: Report of GRC

59

60

61

Annexure XII: List of Complainants and the status of complaints

62

63

64

Detailed GRC Compensation Disbursement Sheet

Amount S# Name of AP Amount Name of Attorney Date Received Cheque No 1 Abdullah Jan s/o Mehmood 12,250 Fateh Khan s/o Haji Soba Khan 27/5/2013 26,150 5352424 2 Fateh Khan s/o Haji Soba Khan 13,900 3 M. Yusaf s/o Abdul Rehman 14,375 M. Yusaf s/o Abdul Rehman 27/5/2013 14,375 5352425 4 Abdul Samad s/o Abdul Wadood 10,000 Abdul Samad s/o Abdul Wadood 27/5/2013 10,000 5352426 5 Haji Saeed Ahmed s/o M. Karim 10,000 Haji Saeed Ahmed s/o M. Karim 27/5/2013 10,000 5352427 6 Mohibullah s/o Azeem Khan 12,300 Mohibullah s/o Azeem Khan 27/5/2013 12,300 5352428 7 Abdul Qudus s/o Raz. M 66,500 8 Essa s/o Ali 63,600 9 Noor. M s/o Khudai Nazar 64,320 10 M. Aslam s/o Alo 64,000 M. Khalid s/o Abdul Latif 27/5/2013 551,712 5352429 11 Rafi s/o Bijar 73,000 12 Kamal uddin s/o Ghesu 71,280 13 Razaq s/o Nooro 78,343 14 Hazar Khan s/o Neko 70,669 15 Soba Khan s/o Abdullah 16,000 16 Fida Khan s/o Abdullah 8,800 Soba Khan s/o Abdullah 27/5/2013 31,577 5352430 17 Aminullah s/o Abdullah 6,777 18 M. Tariq s/o Fateh Khan 10,040 M. Tariq s/o Fateh Khan 27/5/2013 10,040 5352431 19 M. Rasool s/o Rahmatullah 30,600 M. Rasool s/o Rahmatullah 27/5/2013 50,178 5352432 20 Haji Rahmataan s/o Shikar Khan 19,578 21 Abdul Khaliq s/o M. Rafiq 8,565 Abdul Khaliq s/o M. Rafiq 27/5/2013 8,565 5352433 22 M. Bashir s/o Abdul Haq 11,000 23 Raz Gul s/o M. Tahir 10,600 M. Tahir s/o Abdul Haq 27/5/2013 41,931 5352434 24 M. Tahir s/o Abdul Haq 20,331 25 Abdul Wasey s/o Abdul Qayyum 8,200 26 Abdul Zahir s/o Abdul Hameed 15,400 Abdul Zahir s/o Abdul Hameed 27/5/2013 32,400 5352435 27 Abdul Rasheed s/o Abdul Hameed 8,800 28 Abdul Razaq s/o Islam 10,400 Abdul Razaq s/o Islam 27/5/2013 10,400 5352436 29 Haji Sadiq s/o Sabeel 14,600 Haji Sadiq s/o Sabeel 27/5/2013 14,600 5352437 30 Fazal Haq s/o Ishaq 15,360 31 Abdul Manan s/o M. Jan 7,600 Fazal Haq s/o Ishaq 27/5/2013 52,790 5352438 32 Abdul Hayee s/o Abdul Rehman 7,200 33 Khudai Rahim s/o Zaman 7,530

65

Amount S# Name of AP Amount Name of Attorney Date Received Cheque No 34 Tajuddin s/o Sher . M 7,500 35 Safi mama s/o Zhobai 7,600 36 Abdul Matin s/o Taj. M 15,300 37 Abdul Karim s/o Taj. M 8,500 38 Fazal dad s/o Shah Noor 6,400 Abdul Matin s/o Taj. M 27/5/2013 50,577 5352439 39 Lalai s/o Zahir Khan 6,000 40 Hamza s/o Hayat 7,600 41 Asmatullah s/o Wasil 6,777 42 Ainuddin s/o Jano 73,600 43 Char Shambay s/o Sheran 64,000 44 Samad s/o Noorai 73,000 45 Abdullah s/o Karim 64,000 Abdul Rehman s/o Akhtar. M 27/5/2013 498,600 5352440 46 Nasruddin s/o Ahmed 76,000 47 Abdul Zahir s/o Abdul Haq 72,000 48 Abdullah Khan s/o Daulat Khan 76,000 49 Haji Ameer s/o Azeem Khan 106,000 50 Zainuddin s/o Saifuddin 6,000 51 Nooruddin s/o Azeem Khan 8,500 52 M. Nazeer s/o Azeem Khan 7,500 Haji Ameer s/o Azeem Khan 27/5/2013 156,200 5352441 53 Akhtar .M s/o Dada. M 7,600 54 M. Sharif s/o Payo 6,600 55 M. Usman s/o Abdul Rahmat 7,000 56 Abdul Rehman s/o Sherin 7,000 57 Ghulam Sarwar s/o Karam Khan 17,600 58 M. Shafi s/o Bashir Ahmed 10,500 Molvi Bashir Ahmed s/o Molvi 59 Molvi Bashir Ahmed s/o Molvi Akhlas 32,000 27/5/2013 77,400 5352442 Akhlas 60 Inaamul Haq s/o Naseer Ahmed 8,500 61 Naseer Ahmed s/o Molvi Akhlas 8,800 62 Molvi Gulaan s/o Haji Rozak 18,500 Molvi Gulaan s/o Haji Rozak 27/5/2013 18,500 5352443 63 Noor. M s/o Akhtar. M 22,500 Noor. M s/o Akhtar. M 27/5/2013 22,500 5352444 64 Asmatullah s/o Haji Rozak 13,500 65 Attaullah s/o Haji Rozak 13,300 Nawab Khan s/o Haji Rozak 27/5/2013 47,149 5352445 66 Nawab Khan s/o Haji Rozak 9,789 67 Ameer Malik s/o Haji Rozak 10,560 68 Malik G. Dastgir s/o Malik Baz. M 103,400 Malik G. Dastgir s/o Malik Baz. M 27/5/2013 103,400 5352446

66

Amount S# Name of AP Amount Name of Attorney Date Received Cheque No 69 Zahir Shah s/o Sada. M 90,500 Rahim Shah s/o H. Sada. M 27/5/2013 90,500 5352447 Khudai Nazar s/o Sada. Mohammad 70 15,894 Abdullah s/o Khudai Nazar 27/5/2013 15,894 5352448 c/o Abullah s/o Khudai Nazar 71 Khairullah s/o Mula Rahmatullah 827,400 Khairullah s/o Mula Rahmatullah 27/5/2013 827,400 5352456 72 Haji M. Hanif s/o Malik Sanzar 155,818 Haji M. Hanif s/o Malik Sanzar 27/5/2013 155,818 5352457 Total 72 2,940,956 2,940,956

67 Social Monitoring Report

Final External Monitoring Report for the Implementation of Resettlement Plans June 2013 Loan 2540-PAK

PAK: National Highway Development Sector Investment Program – Tranche 2

Sukkur – Jacobabad Road Project (N-65)

Prepared by Shaukat Ali Shahid for National Highway Authority and the Asian Development Bank.

2

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

NATIONAL HIGHWAY AUTHORITY Ministry of Communications Government of Pakistan

SUKKUR – JACOBABAD ROAD PROJECT (N-65) (ADB Loan 2540)

FINAL EXTERNAL MONITORING FOR THE IMPLEMENTATION OF RESETTLEMENT PLANS

By

Shaukat Ali Shahid External Monitoring Consultant International Development Consultants (IDC) Suite # 3, 11-Civic Centre, C-Block, Faisal Town, . Ph: 042-3517-4997, Fax: 042-3516-844, E-mail: [email protected]

June, 2013

i National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

NATIONAL HIGHWAY AUTHORITY Ministry of Communications Government of Pakistan

SUKKUR – JACOBABAD ROAD PROJECT (N-65) (ADB Loan 2540)

FINAL EXTERNAL MONITORING

FOR THE IMPLEMENTATION OF RESETTLEMENT PLANS

By

Shaukat Ali Shahid External Monitoring Consultant International Development Consultants (IDC) Suite # 3, 11-Civic Centre, C-Block, Faisal Town, Lahore. Ph: 042-3517-4997, Fax: 042-3516-844; E-mail: [email protected]

June, 2013 ii National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

TABLE OF CONTENTS

LIST OF TABLES ...... iv LIST OF FIGURES ...... iv LIST OF ANNEXES ...... iv ABBREVIATIONS...... v EXECUTIVE SUMMARY ...... vi 1. INTRODUCTION ...... 1 1.1 Background ...... 1 1.2 Objectives of the External Monitoring ...... 2 2. METHODOLOGY ...... 3 2.1 General ...... 3 2.2 Review of the Project Documents ...... 3 2.3 Consultative Meetings ...... 3 2.4 Data Collection and Analysis ...... 3 3. IMPLEMENTATION STATUS OF SECTION LARPs (I – IV) ...... 4 3.1 Implementation Status of RP of Section 1 ...... 4 3.2 Implementation Status of LARP of Section 2 ...... 6 3.3 Implementation Status of RP of Section 3 ...... 9 3.4 Implementation Status of RP of Section 4 ...... 12 4. CONSULTATIVE MEETINGS ...... 15 4.1 Consultative Meetings ...... 15 4.2 Consultative Meetings with APs/ Locals ...... 15 5. PROJECT SUCCESS ...... 17 4.4 Institutional Arrangements ...... 18 ANNEXES ...... 19

iii National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

LIST OF TABLES Table 3.1: Status of Implementation of RP of Section-1 ...... 5 Table 3.2: Status of Implementation of RP of Section 2 ...... 8 Table 3.3: Status of Implementation of RP of Section 3 ...... 11 Table 3.5: Status of Implementation of LARP of Section 4 ...... 13 Table 4.1: List of APs/ Local People Consulted ...... 16

LIST OF FIGURES Figure 1.1: Location Map of Sukkur – Jacobabad Road Project ...... 2 Figure 1.2: Layout Plan of Sukkur – Jacobabad Road Project (N-65) ...... 2

LIST OF ANNEXES Annex A ...... xi Annex 1: List of Unpaid APs at Section 1 ...... 23 Annex 2: List of Unpaid APs (Land Owners) at Section 2 (Shikarpur Bypass) ...... 24 Annex 3: List of Unpaid APs at Section 3 ...... 25 Annex 4: List of Unpaid APs at Section 4 ...... 27

iv National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

ABBREVIATIONS

AD Assistant Director ADB Asian Development Bank AFs Affected Families APs Affected Persons EALS Environment, Afforestation, Land and Social EMA External Monitoring Agency EMR External Monitoring Report GOP Government of Pakistan GRC Grievance Redress Committee IDC International Development Consultants IMR Internal Monitoring Report LAA Land Acquisition Act LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LARU Land Acquisition and Resettlement Unit MFF Multi-tranche Financing Facility NHA National Highway Authority NHDSIP National Highway Development Sector Investment Program NTP Notice to Proceed PD Project Director PRM Pakistan Resident Mission Rft. Running Feet RoW Right of Way RP Resettlement Plan

v National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

EXECUTIVE SUMMARY

1. This external monitoring report prepared based on field survey carried out from 12 - 15 June, 2013. The report reflects the implementation status of sectional Resettlement Plans (I - IV) till the period upto 15th June, 2013 and the actions agreed by NHA to complete the process of payments of all four sections. Summary of major findings of implementation status of Sectional LARPs as discussed in subsequent sections, reveals that over and above 97% of AFs are paid with no critical outstanding issues at the part of EA. Hence concluding that the LARP implementation is almost completed, it is the final External Monitoring Report for Sukkur-Jacobaabad (N-65) sub-project. Below is the implementation status of LARP in each section:

Section 1 2. In LARP Section-1, out of total 300 AFs, 295 AFs (98.3%) are paid. The left over 5 AFs include 1 court case, 1 business renter and 3 AFs in employee category who left the project corridor with unknown whereabouts. The NHA is following up the court case for its early adjudication and confirmed that the court’s decision will be implemented in letter and spirit. For the APs who left project corridor with unknown whereabouts, NHA has placed their entitled compensation in the project account and publically informed through newspapers (daily Kawish and daily Jang) the APs to come up and collect their compensation. NHA did all efforts (still continued) to disburse 100% compensation, but the leftover payments to 1.7% (5 AFs) AFs are beyond NHA’s control. However NHA is committed to make payment to remaining APs as and when the court decide the issue or the APs with their whereabouts unknown approaches the NHA and submit their claims for payment.

Conclusion 3. Based on progress achieved above 98.3%, it is concluded that the Resettlement Plan of Section 1 has been implemented and the RoW has already been cleared for construction work in the Second EMA report (March, 2012).

Section 2 (Including Bypass): 4. The LARP Section 2 includes 15.7 Km carriage way section (RD 17+500 to 26+100 and 31+050 to 33+250) and 4.95 Km Bypass Section (RD 17+500 to 31+050) with total 85 AFs (7 in carriage way section and 78 in by-pass section). The compensation payment progress reflects that out of total 85 AFs, 84 AFs have been paid while 1 AF in land owner category (Bypass section) left unpaid because he has filed reference in the court for enhancement of compensation. NHA confirmed that the land cost is already deposited in the treasury and the court’s decision will be binding to make payment of compensation accordingly. NHA maintained a close liaison between the land owner (AF) and the local revenue authorities to ensure timely disbursement of compensation as court decides. While as a last resort, the District Revenue Officer has already informed to all unpaid AFs publically (the daily Kawish and Jang newspapers) to come-up, submit their claims and collect their entitled compensation without delay.

Conclusion 5. The overall progress reflected that only 1 AF is left unpaid due to court case which is beyond NHA’s preview. Hence it is concluded that with 99% implementation progress, the LARP for Section 2 is effectively implemented and the whole length of Section 2 including existing carriage way and Bypass sections has already been cleared for commencement of construction works as per findings of 2nd and 3rd External Monitoring Reports respectively.

vi National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Section 3 6. In Section 3, out of the total length of 20.2 km, 13.4 km with zero LAR impacts area was cleared for construction following recommendations in Second EMA report (March, 2012). While, the remaining 6.5 km area having LAR impacts was withheld till the RP has been implemented successfully in different stretches of varying lengths and the RP implementation status is confirmed through the External Monitoring Agency (EMA). In the LARP Section 3 the resettlement impacts are mainly due to clearance of encroached RoW near settlements and total 241 AFs lost their assets and sources of livelihood. Update payment progress reflects that 228 AFs have been paid their full compensation.

7. Out of remaining unpaid 13 AFs; structures of 2 AFs are excluded from inventory list; 2 AFs have incomplete documents (CNIC/ Bank Account issues); 4 AFs (i.e. one owner of abandoned industrial structure constructed in encroached RoW, one owner of POL logo, and two employees categories) declines to receive their compensation; 2 AFs under process and 3 AFs left the project area without their whereabouts known.

8. The review of the record and consultation with the AFs reflects that NHA did its best efforts to convince the unpaid APs to come-up and collect their compensation. The notices are also issued to the AFs for receiving compensation amount and vacation of RoW. As a last resort, the APs are also informed through local and national print media (i.e. the daily Kawish and the daily Jang Newspapers) to show-up and collect their entitled compensation form the project office.

Conclusion 9. The above progress reflects that except for an abandoned industrial structure of one AF (local politician/land lord)1 on encroached RoW, all the issues are resolved satisfactorily and the LARP implementation is almost completed. Now the outstanding payments of 11 APs (structure owner AP included) are beyond NHA’s control, however NHA is still making its efforts to make disbursement of compensation to remaining payable AFs whenever they are ready to get compensation. Thus, now the withheld 6.5 Km LAR section is available for construction as free from all encumbrances (Annex A).

Section 4 10. In Section 4, out of the total 73 AFs, 72 AFs have been paid, while remaining 1 AF is unpaid due to lack of CNIC/ Underage. In Section 4, of the total length (14.9 km), 13.5 km of zero LAR impacts section had already been cleared in Second EMA report (March, 2012). In remaining 1.4 km with LAR impact stretches, full implementation of LARP was confirmed and validated vide Third EMA Report (September, 2013), and the RoW was cleared as free of all encumbrances for construction.

Overall Implantation Status

11. The implementation of LARP in all four sections is completed with only few (18) unpaid AFs left out of total 696 AFs2 (699 as per LARP) in all four sections. Out of these 18 unpaid AFs, two AFs are in structure owner category one each in section 1 and 3, 1 landowner category, 1 in business renter category and 14 fall in employee category. The NHA did its best efforts to ensure disbursement of compensation to all unpaid AFs, however, the payments could not be made being out of NHA’s preview. Table A below

1 Squatters occupying public safety zones can be provided with housing, land, or income-earning opportunities elsewhere. Since the rationale is to protect vulnerable groups, the project would not compensate landlords building structures illegally in public safety zones. (Resettlement Handbook, Guideline to Good Practices, 1998).} 2 3 AFs (2 structures owners and 1 rentee in Section 3) are excluded from inventory list and making a total 696 AFs instead of 699 AFs as per RP. vii National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

provides summary of overall payment status in each section and payment progress to outstanding unpaid AFs since 3rd EMA report (September, 2012).

Table A: Summary Status of Sectional RPs Implementation in Sukkur – Jacobabad (N-65) Road Section Total Payment Updated Reasons of Actions Taken Clearance Status AFs Status as of Payment Non-payment 3rd EMA Status as of Report 30 June, 2013 Paid Unpaid Paid Unpaid Section 1 300 290 10 295 5 - One AF filed Consultative process RP of Section 1 (0+000 – court case for continued. has been 17+500) land Notices issued for early sufficiently implemented and compensation (17.5 km) collection of the RoW has - 4 AFs left compensation. already been project corridor Funds put in project cleared for with their account and AFs with construction work whereabouts since approval of their whereabouts nd unknown. unknown informed 2 EMA report (March, 2012). publically through a national (the daily Jang) and local (the daily Kawish) newspapers to come-up and receive compensation.

Section 2 7 7/ - - 7 - - (excluding - RP of Section 2 Bypass) has been (17+500 – implemented and 33+250 km) the RoW has already been Section 2 78 70 8 77 1 - One unpaid AF Close liaison with local (Shikarpur cleared since 3rd contesting in the revenue authorities and EMA Report Bypass) Court for AF. RD: 26+100 (September, enhancement of – 31+050 Land compensation 2012). (4.950 km) compensation. deposited in Treasury and the payment will be made as per court Sub-total 85 77 8 84 1 decision. Section 3 241 212 29 228 13 - 2 excluded from NHA maintained a close RP is sufficiently (33+250 – (11+2) inventory list by liaison with AFs to implemented in 53+450 km) reduced convince the unpaid APs Section 3 and 6.5 (20.200 km) Km withheld LAR construction to come up and collect section is limits. their compensation. available for - 4 declines to The notices are also construction free receive issued to the unpaid APs of all compensation for receiving encumbrances. - 2, incomplete compensation amount The detail of LAR documents and vacation of RoW. sections is given (CNIC/Bank APs are also informed in Annex-A Account), through local and - 2 under process national print media (local for payment, daily ‘Kawish’ and the and ‘Jang’ News Papers - 3 have left dated 21-6-2013 and 29- project corridor 6-2013) to collect with their compensation. whereabouts unknown.

.

viii National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Section 4 73 70 3 72 1 - Lack of Maintained a close RP is fully (53+450 – CNIC/underage liaison with AF implemented and 68+358) entire road length NHA to facilitate to in this section this unpaid AF to cleared for complete their construction work since third EMA documents and NHA report has planned to make (September, payment to this AF 2012). through an Affidavit.

 11. It is worth noting that on the whole, over 97% AFs have been paid their compensation and other resettlement entitlements as per approved sectional resettlement plans. Most of the affected business structures3 have been re-constructed/ re-established outside RoW by the affected structure owners and have been rented out to the AFs from business renter category. Similarly, the affected residences of twelve affected households (squatters)4 in Bypass Section 2, have be reconstructed at about a distance of 500 m from affected site on the other side of the existing Sukkur-Jacobabad road on the pieces of land purchased5 by the AFs in their names. The replaced structures are constructed with better construction material and in general, it can be safely concluded that the APs seem better-off in their business and employment as well as re-establishment of their residential structures as compared to their pre-project conditions. In addition, the compensation for loss of community structures (mosques, schools) was paid to the Mosques committees for relocation of these structures out of the construction limit at their own. The respective mosque committees have either re- constructed the mosques at nearby places in consultation with the local community or the construction of replacement community structure is at an advance stage.

12. Although the achieved Implementation progress is above 97% with only such leftover AFs/ APs, who either had filed court cases or not shown up to collect their compensation due to their own reasons. However for remaining 17 AFs, it is suggested that the NHA project team should keep their efforts continued to facilitate these AFs to collect their compensation as and when they become available and submit their claims. Thus, keeping in view the disbursement of payment to the leftover APs, the following section-wise action plan is proposed:

3 Of the total business structures (204), only 3 left unpaid, i.e.1 Court case, 2 AFs (1 local politician and 1 businessman Karachi based) declined to receive their payment. 4 The affected residential structures were constructed on the land acquired for By Pass. The land was not in the name of the structure owners, they were verbally permitted by the land owner to construct their structures and work as farm labour on his land. With land acquisition for the bypass, the APs were left land less and were compensated for their structures only with additional assistance (equivalent to three months earning based on OPL) to facilitate them to relocate at their own in nearby area. 5 A copy of an affidavit of AFs who have purchased land is provided at Annex F as an evidence. ix National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Proposed Action Plan

13. Keeping in view the disbursement of payment to the leftover APs, the following section-wise action plan is proposed:

Proposed Action Plan Section Total Unpaid Proposed Actions Timeline Respons AFs AFs ibility Section 1 300 5  NHA to pursue court’s for early 31 October, Project decision and compensate 1 AF in 2013 Director accordance with the court direction. (N-65)  In case of not located AF, NHA to keep close liaison with community to know the whereabouts of 4 AFs. .

Section 2 85 1  NHA should keep persuading the 31 October, Project court for early decisions and 2013 Director compensate to 1 AF as per court (N-65) decision. Section 3 241 11  NHA to help in completion of 31 October, Project documents and make payments to all 2013 Director payable AFs (N-65)  The AFs unwilling to receive Payment should be engaged to convince them receive payment.  In case of not located AFs, NHA keep close liaison with community to know the whereabouts of 3 AFs. Section 4 73 1  NHA to help in completion of 30 Project documents and make payments to September, Director 1 AF. 2013 (N-65)

x National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex A

RP Implemented Subsections at Section 3 (RoW free of all encumbrances)

Details of withheld sections measuring 6.5 KM at Section 3 (refer 2nd EMA Report submitted in March 2012).

Sr. No. RD-wise Detail of 6.5 KM LAR Area in Section 3 where LARP is Length in km Fully Implemented

1. 33+250-34+475 1.225

2. 35+275-35+400 0.125

3. 38+000-39+450 1.450

4. 40+000-41+700 1.700

5. 43+050-43+250 0.200

6. 45+050-45+800 0.750

7. 46+800-46+975 0.175

8. 48+250-48+300 0.050

9. 48+875-48+925 0.050

10. 49+850-50+150 0.300

11. 51+625-51+750 0.125

12. 52+500-52+575 0.075

13. 53+200-53+450 0.250

Total 6.5 km

xi National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

1. INTRODUCTION

1.1 Background

1. This is the final external monitoring report prepared on the basis of field visit carried out from 12 - 15 June, 2013. Based on this survey, the results of 3rd External Monitoring report (September, 2012) was updated as of 15th June, 2013. The report reflects the implementation of RPs of all four Sections (I – IV) of Sukkur – Jacobabad road (N-65).

2. The Sukkur-Jacobabad road is one of the subprojects6 of this tranche 2 (ADB Loan 2540). The Resettlement Plan (RP) for Sukkur – Jacobabad was approved by ADB in May 2009. However, its implementation was delayed due to various reasons including discrepancies in the inventory of losses and number of affected persons. Later-on it was agreed that i) 4 Sectional Resettlement Plans will be prepared, approved and implemented to facilitate commencement of civil works. ii) For each section, prior approval of ADB Safeguard Unit will be required to commence civil works upon full implementation of Resettlement Plan verified through External Monitoring Agency (EMA).

3. In this context, NHA divided the project corridor in four sections and accordingly updated the RP in following different sections:

Section-1: RD 0+000 to RD 17+500 km (Zero to end of Lakki Town). Section-2: RD 17+500 to 33+250 km (End of Lakki Town to end of Shikarpur Bypass). Section-3: RD 33+250 to 53+450 km (End of Shikarpur Bypass to end of Humayun Town). Section-4: RD 53+450 to 68+358 km (End of Humayun town to start of Jacobabad).

4. The proposed project road falls under the administrative jurisdiction of three Districts of Sindh province, i.e. Sukkur, Shikarpur and Jacobabad. The location map and layout plan of the project is given in Figure 1.1 and 1.2 respectively.

5. After review the ADB approved sectional RPs by close of year 2011 and NHA started the implementation of Sectional RPs in the field as per implementation schedule for each sectional RP. To confirm and validate the implementation status of the Sectional RPs, the external monitoring has been conducted in compliance to ADB safeguard requirements. The section-wise implementation status of the approved RPs is discussed in subsequent sections.

The Sukkur-Jacobabad road (N-65) is one of the subprojects of under Tranche 2.

6 This tranche includes, i) Sukkur – Jacobabad road (Sindh), and ii) Qilla Saifullah – Zhob road (Balochistan). . The scope of sub project includes rehabilitation & up-grading the capacity of existing road section to 4- lane dual carriageway. The proposed project road falls under the administrative jurisdiction of Sukkur, Jacobabad and Shikarpur Districts of Sindh Province.

1 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Figure 1.1: Location Map of Sukkur – Jacobabad Road Project

Project Road

Figure 1.2: Layout Plan of Sukkur – Jacobabad Road Project (N-65)

1.2 Objectives of the External Monitoring

6. The monitoring is an integral part during the implementation of resettlement plan and facilitates to assess the implementation progress and decision making. Specifically, confirmation of full implementation of RPs through an independent external monitor before commencement of civil works is pre-requisite under ADB’ safeguards requirements. Keeping this in view the implementation progress of the approved sectional RPs is monitored to determine the updated progress on implementation status and validate the sections free of encumbrances to facilitate in decision making to allow the commencement of civil works. Furthermore, suggest remedial measures and corrective action plan regarding the payment to leftover APs to achieve full implementation of resettlement initiatives.

2 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

2. METHODOLOGY

2.1 General

7. The approach and methodology part of the study covered the activities done for information gathering, data collection and analysis as well as consultation with stakeholders including APs to determine implementation status of Land Acquisition and Resettlement Plan. The major activities carried out to accomplish the report are: i) data collection – both primary and secondary; ii) interviews of APs; iii) consultations with APs and other local people; iv) consultative meeting with the project management, consultants and contractor; v) field survey – including interviews, physical observations/ verifications and data inputting and analysis.

2.2 Review of the Project Documents

8. The project documents, including resettlement framework, resettlement plan of Section 1, 2, 3 and 4; internal monitoring reports, status of LAR implementation, Aide Memoires and other were reviewed and relevant data was compiled to establish the monitoring objectives and validated through conducting field surveys.

2.3 Consultative Meetings

9. The consultative meetings were carried out with APs and other local people/ local community/ representatives. In addition, the consultative meetings were also held with the Project Director, Consultant staff and Contractor staff. In these meetings, AP’s concerns/ feedback about implementation of resettlement plan as well as actions taken by NHA regarding the payment of unpaid APs were discussed and accordingly presented in this report.

2.4 Data Collection and Analysis

10. Both primary and secondary data was collected about the efforts made by NHA to approach the unpaid APs for resolving their concerns and disburse compensation as well as notices issued to APs and published in the Newspapers for ensuring full implementation of LARP. The primary data includes interviews with APs, and group consultations, consultative meetings with the project management and physical observations/ verifications. The field survey was carried out from 12-15 June, 2013 covered the status of payment of compensation as of 15th June, 2013. However, some supplementary data/ supporting documents including copies of internal monitoring reports, meeting minutes and notices issued/published were collected from the office of NHA Sukkur after field survey to review and compile the report. A close liaison was maintained with NHA Project team till compilation of the draft report and thus implementation status as of 30th June, 2013 was included in this final report.

3 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

3. IMPLEMENTATION STATUS OF SECTION LARPs (I – IV)

3.1 Implementation Status of RP of Section 1

11. The LARP Section-1 (0+000 - 17+500 km) does not involve land acquisition, as an adequate RoW (110 ft. wide) was available with NHA. However, the RoW of existing road was encroached by the locals at various settlements located along the road. To implement project civil works clearance of encroached RoW warranted preparation of LARP with varying degree of impacts to identified APs. Below is detail of impacts with LARP implementation status.

3.1.1 Projects Impacts

12. The following are the project major impacts on this road section:

• Dismantling of 228 commercial structures; • 300 AFs, i.e. 81 structure owners, 145 business renters and 74 employees • 7 community structures including 5 small mosques and 2 schools (walls) • Relocation of public structures (check posts) and utilities.

3.1.2 Status of Payment at Section 1

13. Of the total 300 AFs, 295 AFs have been fully paid, while 5 AFs are unpaid so far due to one AF has filed a court case, followed by 4 those shifted elsewhere without their whereabouts known.

14. In this context, the actions taken are as below:

The NHA has been following up with the court for early decision; however, NHA confirms that the AF will be compensated according to court decision.

Regarding those shifted elsewhere, NHA has made all good faith efforts and frequent visits to the project sites to find out such AFs are conducted time and again, but so far could not find the remaining 4 AFs. NHA has put the entitled compensation of these AFs in a project account to ensure delivery of compensation to these APs as and when they appear and accordingly the APs have been informed publically through a public notice published in a national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, 2012. Vide public notice published in the Newspapers, the AFs are advised to come and receive the compensation form office of the Project Director N-65, Sukkur. A copy of the advertisement is also presented.

4 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

15. The updated implementation progress in Section one reflect that 98.3% AFs have been paid their full compensation. NHA did its best efforts to disburse compensation to leftover 1.7% (5 Nos.) AFs including publishing in news papers, the names of unpaid AFs with their whereabouts unknown to locate them. The review of record reflects that the payment to left over AFs is beyond NHA’s preview. Thus, it can be concluded that the RP of Section 1 is fully implemented and RoW is clear for construction activities based on findings of 2nd External Monitoring Report (March 2012).

16. The status of implementation of RP for Section 1 is summarized in the Table 3.1, while details of Unpaid AFs are given in Annex 1.

Table 3.1: Status of Implementation of RP of Section-1

Sr. Category of Total Paid/ Reasons of Actions Taken Status of Conclu No. Impact APs Unpaid Non- RoW sions Payment Clearance 1 Loss of 81 80/ 1 1 Court case The NHA is following up the RoW is RP is Structures court case for its early clear. fully adjudication and confirmed that implem ented. the court’s decision will be

implemented in letter and spirit.

2 Business 146 145/ 1 1 Shifted in For the APs who left project Renters elsewhere corridor with unknown whereabouts, NHA has placed

their entitled compensation in . the project account and publically informed (through the daily Kawish and the daily Jang newspapers) the APs to come up and collect their compensation. 3 Employment 74 71/ 3 3 AFs shifted NHA has put the entitled Loss elsewhere. compensation of these AFs in a project account to ensure delivery of compensation to these APs as and when they appear and accordingly the APs have been informed publically through a public notice published in a national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, 2012.

Total 300 295/ 5 - - 4 Community - - - • The compensation for loss of structures (5 community structures (five small mosques and two schools) was mosques and paid to the Mosques 2 schools) Committees for relocation of these structures out of the construction limit at their own. • On the reconstruction/ relocation of these structures (mosques & schools), NHA will verify and submit IMR to ADB by 31 Oct. 2013.

5 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

5 Public - - - • In accordance with the structures/ agreement with NHA, relocation Utilities of structures and utilities being (Utilities, done by concerned Police Check Posts) Departments/ agencies, (including Police/ Rangers, WAPDA, PTCL). • On the completion of relocation/ reconstruction, NHA will verify/ confirm and submit an Internal Monitoring report to ADB by 30 September, 2013.

3.2 Implementation Status of LARP of Section 2

17. The Section 2 (17+500 - 33+250) involves land acquisition for the construction of Shikarpur Bypass, where private agricultural land to be acquired. Furthermore, RoW of carriageway has been encroached by the locals at various settlements located along the proposed road.

3.2.1 Project Impacts

18. In this section, there are total 85 AFs, out of which, 78 AFs are affected due to the construction of Shikarpur Bypass and 7 affected by carriageway. The following are the project major impacts relating to the improvement of existing carriageway and construction of Shikarpur bypass:

i) Carriageway: comprises a total of 15.7 km from RD 17+500 to 26+100 and 31+050 to 33+250 - 4 commercial structures - 7 AFs (3 owners of commercial structures, 3 business renters and 1 employee) - 4 small mosques - 4 public structures (check posts) subject to be relocated from RoW ii) Shikarpur Bypass (RD 26+100 to 31+050)

• Acquisition of 35.10 acres owned by 56 land owners • Affected crops on 35.10 acres (grown by 56 land owners and 10 sharecroppers); • 423 trees (109 fruit and 314 wood/ timber trees) to be cut-down owned by 13 APs who are also the owners of land • 43 affected structures owned by 12 AFs • Total 78 AFs (i.e. 56 land owners, 10 sharecroppers and 12 owners of structures).

3.2.2 Status of Payment i) Carriageway: comprises a total of 15.7 km from RD 17+500 to 26+100 and 31+050 to 33+250 (excluding bypass)

Along the existing carriageway all 7 AFs have been paid.Thus, the RP is sufficiently implemented in carriageway portion (15.7 km), which has already been cleared in 2nd EMA report (March, 2012).

6 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

ii) Shikarpur Bypass (RD 26+100 to 31+050)

There are total 78 AFs at Shikarpur bypass. Updated progress reflects that the payment has been made to 77 AFs, while remaining 1 AFs is still unpaid because he has filed a reference in the court against award for enhancement of compensation.

19. To ensure timely implementation of LARP the NHA maintained a close liaison between the AFs and local revenue authorities to resolve the petty issues of few AFs. Consequent upon NHA’s efforts DDO (Revenue), Shikarpur has published an advertisement in national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, 2012 and advising the AFs to come and receive their compensation. A copy of the advertisement is presented in this section. Resultantly all AFs, except one who has filed reference in the court are paid their full compensation.

20. In case of AF who filed reference in court, NHA has been pursuing with the Local Revenue Authorities and the court for early decision on the subject matter. The land cost has already been deposited in the District Treasury by NHA which is at the disposal of DDO (Revenue) that payment will be made as court decides. However, NHA is committed to abide by the court’s decision and implement it as per its essence.

21. The updated implementation progress reflects that all outstanding issues are resolved and the Sectional LARP implementation is achieved upto 99%. The left over payment to one AF contesting in court is beyond NHA’s preview. Thus, it is concluded that the LARP for Section 2 is implemented satisfactorily. Based on achieved implementation and findings of 3rd EMA report (September, 2012) the Bypass section was cleared for construction works.

22. The status of implementation of RP of Section 2 is summarized in Table 3.2, while details of Unpaid AFs are given in Annex 2.

7 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Table 3.2: Status of Implementation of RP of Section 2 Sr. Category of Total Paid/ Reasons for Actions Taken RoW Conclusions No. Impact AFs Unpaid Non-Payment Clearance Status i) Carriageway a) Owners of 7 7/- - - commercial structures, renters & employee ii) Shikarpur Bypass a) Land 78 77/ 1 1 unpaid AP in NHA deposited land RoW is LARP is compensation, land owner compensation in treasury Clear for sufficiently crops, trees, category and payment will be made construction implemented structures (Bypass works. as per court decision. section), who has filed NHA maintained a close reference in liaison between the land the court for owner AFs and the local enhancement revenue authorities to of ensure the as court compensation. decides. DDO has also publically informed the AFs in national (the daily Jang) and local (the daily Kawish) newspaper to get their payment.

b) Community - - - • Payment made to the all structures – 4 three Mosque committees mosques (1 and structures are excluded from dismantled and RoW is RoW and 3 remaining). clear. • On the re-construction of these structures by the community, NHA will verify and submit a report to ADB by 30 September, 2013. c) Public utilities - - - • As per agreement with (waiting room NHA, relocation of utilities owned by NHA, being done by WAPDA and electric / telephone PTCL. poles). • On the relocation of utilities, NHA will verify/ confirm and submit an Internal Monitoring Report to ADB by 31 Oct. 2013.

8 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

3.3 Implementation Status of RP of Section 3

23. The Section 3 (33+250 to 53+450 km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road.

3.3.1 Projects Impacts

24. The following are the project major impacts on this road section:

- 167 affected commercial structures - Total 238 AFs (88, 59 and 91 were owners of business structures, business renters and employees respectively). - 28 community structures (i.e. 17 small road side mosques, 7 boundary walls of mosques, 2 wash room and 2 hand pumps). - 34 public structures (including police check posts, boundary walls, rooms).

3.3.2 Status of Payment at Section-3

25. In the LARP Section 3 the resettlement impacts are mainly due to clearance of encroached RoW near settlements and total 241 AFs lost their assets and sources of livelihood. Update payment progress reflect that 228 AFs have been paid their full compensation.

26. Out of remaining unpaid 13 AFs; structures of 2 AFs are excluded from inventory list; 2 AFs have incomplete documents (CNIC/Bank Account issues); 2 AFs claims are under process; 4 AFs (One owner of abandoned industrial structure constructed in encroached RoW, one owner of POL logo and 2 employees categories} declines to receive their compensation; and 3 AFs left the project area without their whereabouts known.

27. The review of the record and consultation with the APs reflects that NHA did its best efforts to convince the unpaid APs to come-up and collect their compensation. The notices are also issued to the APs for receiving compensation amount and vacation of RoW. As a last resort the APs are also informed through local and national print media (local the Kawish and the Jang Newspapers) dated 21-6-2013 and 29 June 2013 to show-up and collect their entitled compensation form the project. A copy of the same is also attached. 9 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

28. The above progress reflects that except for an abandoned industrial structure of one AF (local politician/land lord)7 on encroached RoW at RD 33+650 – 33+700 and one owner of POL logo (encroached RoW), all the issues are resolved satisfactorily and the LARP implementation is almost completed. Now the outstanding payments of 10 APs (structure owner AP included) are beyond NHA’s control, however NHA’s efforts are continued to make disbursement of compensation to remaining payable AFs whenever they are ready to get compensation. Thus, now the withheld 6.5 Km LAR section is 29 Jun. 2013 available for construction as free from all encumbrances (RD-wise details are in table below). A copy of letters is presented at Annex B, C, D and E. The details of Unpaid AFs are given in Annex 3.

Sr. RD-wise Detail of 6.5 KM LAR Area where LARP is Fully Length in km No. Implemented 1. 33+250-34+475 1.225 2. 35+275-35+400 0.125 3. 38+000-39+450 1.450 4. 40+000-41+700 1.700 5. 43+050-43+250 0.200 6. 45+050-45+800 0.750 7. 46+800-46+975 0.175 8. 48+250-48+300 0.050 9. 48+875-48+925 0.050 10. 49+850-50+150 0.300 11. 51+625-51+750 0.125 12. 52+500-52+575 0.075 13. 53+200-53+450 0.250 Total 6.5 km

7 Squatters occupying public safety zones can be provided with housing, land, or income-earning opportunities elsewhere. Since the rationale is to protect vulnerable groups, the project would not compensate landlords building structures illegally in public safety zones (Resettlement Handbook, Guideline to Good Practices, 1998). 10 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Table 3.3: Status of Implementation of RP of Section 3

(33+250 – 53+450 km = 20.2 km) Sr. Category of Total Paid/ Reasons of Non- Actions Taken Status of Conclusions No. Impact APs Unpaid Payment RoW Clearance 1 Loss of 89 86/ 3 • 2 excluded from In consultation with the APs, RoW is LARP is Structures inventory by construction limit reduced by clear for implemented, reducing redesigning median into new the whole RoW is free. jersey type to avoid the impact Section 3. construction on two industrial structures limits. located at the edge of construction limit.

• 1, AF who is • NHA did consultations with Karachi based AP’s representative to make local politician payments (See minutes of and is not meeting vide NHA office letter interested to No. GM Const.AP/ NHA/2013/ receive entitled 1114A dated 22 Jan., 2013 at compensation. Annex B).

• NHA issued notices to this • 1 AF who is the AP to come up and receive his owner of POL at compensation and vacate the encroached RoW vide NHA office letters RoW is based Nos. GM Const. AP/ at Karachi. NHA/2013/ 1124 dated 31 Jan., 2913 and GM Const. AP/ NHA/2013/ 1190 dated 14 June 2013 and at Annex C & D).

As last resort, NHA has publically informed to this AP by publishing a notice in a national (the daily Jang) and local (the daily Kawish) newspapers on dated 21-6- 2013 that contact NHA project staff in order to receive his compensation whenever AP desires. . 2 Business 61 61/ - - • Renters

3 Employme 91 82/ 10 • 2 AF under • NHA has publically nt Loss process informed to APs to receive their payments. • 2 incomplete • NHA to facilitate APs in documents, completion of requisite including documents and receipt of CNICs, and compensation by 31 Oct., opening of bank 2013. accounts. • 2 AFs are • NHA maintained close decline to liaison with APs. receive payment • 3 AFs shifted • Delivered notices to AFs to elsewhere. submit their claims and collect their compensation accordingly,

• As a last resort NHA has published in a national (the

11 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

daily Jang) and local (the daily Kawish) newspaper dated 29 June 2013 to get their payment as and when appeared.

Total 241 228/ 11 - - 4 24 - - - • Payment made to all 18 community mosque committees. mosques. • All structures dismantled Out of which, 5 and RoW is clear. mosques & • NHA will submit an IMR on 1 Imam the re-construction by 31 Bargha) Oct. 2013. are excluded from RoW and 18 mosques left. 5 Public - - - • Re-relocation of utilities structures / being made by the done Utilities - by concerned Police Departments/ agencies. Check Posts) On the relocation of public utilities, NHA will confirm and submit an IMR to ADB by 31 Oct. 2013.

3.4 Implementation Status of RP of Section 4

29. The Section 4 (53+450 to 68+358 km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road.

3.4.1 Projects Impacts

30. The Section 4 (53+450 to 68+358 km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road. The following are the project major impacts on this road section: - 66 affected commercial structures (shops, hotels, thatched-sheds, wooden cabin). - 73 affected families, including 28, 28 and 17 were owners of business structures, business renters and employees respectively. - 4 small road side mosques need to be relocated. - 3 public structures, i.e. police check posts

12 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

3.4.2 Status of Payments at Section 4

31. Out of total 73 AFs, 72 AFs have been paid, while remaining 1 is unpaid due lack CNIC/underage and affidavit will be required in order to make payment to this AP.. In this context, the actions taken are as below:

 AF submitted his case to NHA after completing requisite documents. The payment of this case is under process with NHA and to be made by 30 September, 2013.

32. The implementation progress reflects that the Sectional LARP is implemented satisfactorily. Hence it was concluded that in Section 4, the RoW of total length is available free of all encumbrances for carrying on construction activities. Consequent upon findings of previous External Monitoring Report (3rd EMA report) this Section has already been cleared and construction works are ongoing smoothly.

33. The updated status of implementation of LARP of Section 4 is summarized in Table 3.5. The detail of Unpaid AF is given in Annex 4.

Table 3.5: Status of Implementation of LARP of Section 4 (53+450 – 68+358 = 14.9 km) Sr. Category of Total Paid/ Reasons of Actions Taken Status of Conclusion No. Impact APs Unpaid Non- RoW Payment Clearance 1 Loss of 28 28/ - - - Structures RoW has RP is fully already been implemented cleared in 3rd EMA report 2 Business 28 28/ - - - and the Renters construction 3 Employment 17 16/ 1 1 under NHA will make works are Loss process for compensation to ongoing payment this AF (Underage) smoothly. through an Affidavit by 30 September, 2013.

Total 73 72/ 1 - - 4 5 community - - - • Payment made small to all five mosques. mosques and RoW is clear • On the construction of these mosques, NHA will verify and submit IMR to ADB by 31 Oct. 2013.

13 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

5 Public - - - • These structure / structures are Utilities being relocated (Police check and NHA will posts) confirm and submit an IMR to ADB by 31 Oct. 2013.

14 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

4. CONSULTATIVE MEETINGS

4.1 Consultative Meetings

34. The consultative meetings were held with the concerned officials associated with this project to get the todate status of progress, reasons for unpaid cases and other constraints associated with this project. The major points of feedback/ constraints regarding the disbursement of payment are as under:

Out of total, 699 AFs, the number of un-paid AFs are only 18 in all 4 sections. Out of these 18 unpaid AFs, two AFs are in structure owner category one each in section 1 and 3, 1 landowner category, 1 in business renter category and 14 fall in employee categoryThe reasons of unpaid cases are: 2 excluded from the inventory list, 2 having filed court cases, 4 not showing up to collect compensation (declined to receive compensation), 3 under process; 3 have incomplete documents and 7 shifted elsewhere with their whereabouts unknown.. 35. In order to ensure the payment to leftover APs, NHA has taken the steps as:

APs informed that funds are in the project account and payment will be made at Court decision in case of few APs, who have the court cases. NHA convened meetings of APCLC, to coordinate/consult AFs to resolve their issues at local level and facilitate them to process their compensation claims.

NHA has publically informed to APs to receive their payments as it is available in the project account and notices have also been delivered to the APs.

NHA did efforts through all means to locate the APs and finally, names of AP have been published in a National (the daily Jang) and local (the daily Kawish) newspaper to receive their payments.

36. The list of officials/ persons met is as below: 1. Mr. Tariq Mahmood, Project Director, Sukkur - Jacobabad Road (N-65) 2. Mr. Sohail Ahmad, AD (Engg.), Sukkur - Jacobabad Road (N-65) 3. Mr. Muhammad Arshad, AD (Land.), Sukkur - Jacobabad Road (N-65) 4. Mr. Pervaiz Akhtar, Resettlement Specialist (Consultant), Sukkur - Jacobabad Road (N-65) 5. Mr. Shaukat Zaman (Environmentalist – Contractor staff) and Mr. Ghulam Mustafa (Contractor staff), Sukkur – Jacobabad road 6. Other allied staff

4.2 Consultative Meetings with APs/ Locals

37. The consultation meetings were carried out with the APs and other local people during the visit survey. The following are the major feedback of the APs/ and local population:

i). In general, the APs, local population, local representatives, even other stakeholders were found pleased with the construction of this valuable road project.

15 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

ii). Most of the APs who were temporarily displaced due to the clearance of the RoW have re-established their business; as well as residences especially in case of bypass Section II. iii). Most of the community mosques were re-constructed/ relocated at adjoining/ nearby places in consultation with the local community, while the construction works on remaining few were in progress at an advance stage. iv). The payment of compensation to almost all payable APs has been made. The left over payments are only those where APs are contesting in court, least interested to receive compensation, left the project corridor with their whereabouts unknown for which NHA’s efforts are still continued.

38. In general the community showed its satisfaction with the LARP provisions and mechanism for payment of compensation different categories of AFs including Title holders, Structure owners, business renters and employees. However, during consultative meetings the community raised road side safety concerns during operation of two lane dual carriage way and proposed that the NHA should install adequate signboard reflecting reduced speed limits in and near the settlements to ensure safety of lives of the community at large and their belongings. Table 4.1: List of APs/ Local People Consulted

Location/ Names of Major Participants Sr. No. Date Venue - Mr. Zaib Ali Patahn - Mr. Zahim Bux 1 13-6-2013 Sultan Kot - Mr.Zahid Khan - Mr. Pilo khan Dayo - Mr. Subo s/o Hamzo - Mr. Maghan Zafari - Mr. Shamen Zafari - Mr. Lela RamM. Ghulam Siddiqui (Electrician) 2 13-6-2013 Lodhra - Mr. Khadim Hussain s/o Punjal (Hotel operator) - Mr. Ghulam Akbar s/o Ghulam Qadir (Tailor shop) - Mr. Bachal s/o Dinal Shah (Labour) - Mr. Ghulam Abbas s/o Noor M. Bhutto (Land owner) - Mr. Wazar Khan s/o Jan M. (Land owner) 3 14-6-2013 Jano - Mr. Munir Ahmad Bhutto (Land owner) - Mr. Habibullah (Local) - Mr. Talib Shah - Mr. Khadim Hussain 4 14-6-2013 Abad, Sukkur - Mr. Ajjad Ali - Mr. Akhtar Ali - Agha Bux

16 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

5. PROJECT SUCCESS

39. It is worth noting that on the whole, about 97% APs have been paid their compensation and other resettlement entitlements as per approved sectional resettlement plans. Most of the affected business structures8 have been re- constructed/ re-established outside ROW by the affected Structure owners and have been rented out to the AFs from business renter category. Similarly the affected residences of twelve affected households (squatters)9 in By pass Section-2, have be reconstructed at about a Photograph-1: A view of some of the recently distance of 500 m from affected site on the other constructed business structures by the APs at Lodhra side of the existing Sukkur-Jacobabad Road on (RD 39+400). the pieces of land purchased by the AFs in their Photograph-1: Recently constructed residential names. The replaced structures are constructed structures by the APs at Jafari village at Section 2 with better construction material and in general, (RD 26+800). it can be safely concluded that the APs seem better-off in their business and employment as well as re-establishment of their residential structures as compared to their pre-project conditions. In addition, the community structures (mosques, schools) have also been re- constructed at nearby places in consultation with the local community, while the other are at advance stage of construction.

Photograph-1: A view of road of Section 1, Photograph-1: A boundary wall shifted little behind by where Asphalt is being laid. the AP at Lodhra (RD 39+450).

8 Of the total business structures (204), only 3 left unpaid, i.e.1 Court case, 2 AFs (1 local politician and 1 businessman Karachi based) declined to receive their payment. 9 The affected residential structures were constructed on the land acquired for By Pass. The land was not in the name of the structure owners, they were verbally permitted by the land owner to construct their structures and work as farm labour on his land. With land acquisition for the bypass, the APs were left land less and were compensated for their structures only with additional assistance (equivalent to three months earning based on OPL) to facilitate them to relocate at their own in nearby area. 17 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

4.4 Institutional Arrangements

40. Regarding institutional arrangements, the following are the major observations:

A Project Management Unit (PMU) has already been established at NHA Complex Sukkur headed by a Project Director under the overall supervision of GM (construction), placed at Karachi. The associate staff includes Assistant Directors (Engg. & Land), Consultants, Contractors, EMA and other core staff.

As per resettlement plans, the institutional arrangements for the implementation of RPs are in place including LAR Unit, GRC and ACLC and other committees (mosque committees). Accordingly, the meetings of LAR unit, GRC have also taken place periodically as well as on need basis.

The ACLC has formed further community committees including mosques committees at field level to facilitate the process of disbursement of compensation, relocation/ reconstruction mosques as well as relocation of public utilities and other.

To meet the implementation requirement of all four sections of the proposed road project, two Project Directors have already been deployed. One project Director is responsible for Section 1 and 2, while the second for Section 3 and 4.

18 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

ANNEXES

19 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex B

Annex C

20 Annex B

National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex D

Annex E

21 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex F

22 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex 1: List of Unpaid APs at Section 1

Sr. Chaina Road Location/ Name of Categ Affected Total Reasons for Action Taken Conclusions No. ge (km) Side Settlement AP ory of Assets Amount of non- (Left/ AP Compensati Payment Right) on (Rs.)

1 7+800 - Right Jahania Mr. Talib Struct Godown 3,334,080 Court case Money put in 8+440 Shah ure Rice Mill, that his Project Account, Owner Boundary structure is NHA issued notice s Wall located not in the RoW to this AP to but in his receive his own private compensation. LARP land. NHA is also implemented pursuing the court and RoW is for early decision already cleared in 2nd and implement the EMA (March court decision. 2012).

2 7+800 - Right Jahania Mr. Sher Renter 7,500 26,000.00 AF shifted NHA publically 8+440 M. Brohi elsewhere. informed in a national (the daily Jang) and local (the daily Kawish) newspapers that contact to NHA office and receive their payments.

3 7+800 - Right Jahania Mr. Emplo - 7,000.00 AF shifted NHA publically 8+440 Ibrahim/ yee elsewhere. informed in a Sher M. national (the daily Bhayo Jang) and local (the daily Kawish) newspapers that contact to NHA office and receive their payments.

4 " Right Jahania Mr. Emplo 7,000.00 AF shifted NHA publically Ghulam yee elsewhere. informed in a Rasool national (the daily Khoso Jang) and local (the daily Kawish) newspapers that contact to NHA office and receive their payments.

5 " Left Jahania Mr. Emplo 7,000.00 AF shifted NHA publically Zameer yee elsewhere. informed in a Hussain national (the daily Jang) and local (the daily Kawish) newspapers that contact to NHA office and receive their payments.

23 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex 2: List of Unpaid APs (Land Owners) at Section 2 (Shikarpur Bypass)

Sr. Name of Total Area Status % Land Crop + Severity Reasons Action Conclusions No AP area affecte share compens Trees Allowan for non- Taken (acres) d ation Compe ce payment (acres) (Rs.) nsation (Rs.)

1 Mr. Abdul 13.4 0.975 Owner 100% 336,375 81,680 40,840 Court • NHA Hameed Cultivator case is agreed LARP s/o relating to pay implemented Bahadur for the compens and RoW is Khan enhance ation as already Sheikh ment of per cleared in 3rd rates. Court’s EMA (Sept. decision. 2012). Money deposite d in treasury. NHA to keep pursuing the court for early decision .

24 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex 3: List of Unpaid APs at Section 3 i) Structures Owners Name Road of Side Amount of Sr. Chainag Locati Structur Affected Reasons for L=Left Type Compensa Action Taken Conclusions No e on e Structure non-payment R=Rig tion (Rs.) Owner ht (AP) 1 33+650~ R Near Mukesh Wall Commercial 1,062,100 AP is Money put in RP 33+700 End of Kumar presently, Project Account. implemented Goodow Commercial Shikar Chawla provincial NHA issued notice and RoW is n pur By Minister. He to this AP to clear. (Bootling Pass encroached his receive his Co.) abandoned compensation. Goodow Commercial structure in NHA informed n RoW. He publically inform in (Bootling declined to local and national Co.) receive newspapers (the Goodow Commercial payment. jang and Kawish) n However, NHA (Bootling is continuously Co.) pursuing to Gate Commercial make payment by 31 Oct., 2013. 2 44+980~ Sultan PLO Mr. Lal Bux 60,000 AP is a Money put in 45+770 L Kot Logo business man Project Account. and NHA issued notice constructed to this AP to POL Logo in receive his RoW. He compensation. declined to NHA informed receive publically inform in payment. local and national However, NHA newspapers (the is continuously jang and Kawish pursuing to make payment by 31 Oct., 2013.

25 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

ii) Affected Employees (Section 3) Road Total Sr. Side Settle Name of Chainag Amount of Reasons for No L=Left ment Employee Action Taken Conclusions e (Km) Compensati Non-Payment . R=Rig Name (AP) on (Rs) ht 1 34+000 L Mr. 7,000 After account Money deposited LARP implemented and Mushtaq opening, NHA in Project the RoW is clrear. Sheikh will make Account. payment. NHA issued notice to this AP to receive his compensation. NHA to disburse compensation by 31 Oct.., 2013. 2 39+000 - L Lodra Mr. Bilawal 7,000 The case is Payment is under 40+000 under process process with NHA 3 L Mir Khan 7,000 CNIC expire and Money put in issuance of new Project Account. CNIC is under NHA issued notice process with NADRA. to this AP to receive his compensation. Noting prepared and Payment is under process.

4 44+980~ L Sulta Mr. Ihsan 7,000 Shifted NHA published in 45+770 n Kot elsewhere. local and national newspaper (the daily Jang and kawish) that the APs may approach to NHA office and receive their payments. Payment deposited in the project account.

5 R Mr. Arbab 7,000 Shifted Same as above Ali elsewhere. 6 R Mr. Zahid 7,000 AP declined to NHA continues Khan receive payment to convinces the AP to receive payment. 7 R Mr. Siraj 7,000 AP declined to NHA continues Ahmed receive payment to convince the AP to receive payment. 8 R Mr. Shahid 7,000 Payment is Payment to be under process made by 31 with NHA. Oct., 2013

9 R Mr. 7,000 Shifted NHA published Behram elsewhere. in local and Buriro national newspaper (the daily Jang and kawish) that the APs may approach to NHA office and receive their payments. Payment deposited in the project account.

26 National Highway Authority (NHA) Final EMA Report of Sukkur – Jacobabad Road (N-65)

Annex 4: List of Unpaid APs at Section 4

Total Road Sr Affec Amount Chai Side Loc Name of Categ Reasons for non- . ted of nage L=Left atio Structure ory of payment/ Action Taken Conclusions N Asse Compens (km) R=Rig n Owner (AP) AP Remarks by NHA o ts ation ht (Rs.) 1 60+1 L Waqar Ali Emplo - 7,000 AP is underage. NHA will make LARP 00- Pechoho yee Affidavit is payment Implemented & 60+8 required to through an RoW is clear. 00 process the affidavit by 31 case. Oct., 2013.

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