Kathmandu Valley Wastewater Management Project – Core Area Sewer Network of Lalitpur (SN03) PART A

Land Acquisition and Involuntary Resettlement Due Diligence Report

Document Stage: Draft for consultation Project Number: 43524-014 April 2019

NEP: Kathmandu Valley Wastewater Management Project – Core Area Sewer Network of Lalitpur (SN03) PART A

Prepared by the Project Implementation Directorate, Kathmandu Upatyaka Khanepani Limited, Ministry of Water Supply, Government of Nepal for the Asian Development Bank.

This draft due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

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

Document Stage: Draft for consultation Project Number: 43524-014 April 2019

NEP: Kathmandu Valley Wastewater Management Project – Core Area Sewer Network of Lalitpur (SN- 03), Lalitpur District

Prepared by the Project Implementation Directorate, Kathmandu Upatyaka Khanepani Limited, Ministry of Water Supply, Government of Nepal for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 31 March 2019)

Currency unit – Nepalese rupee (NRs/NRe) NRs1.00 = $0.0090 $1.00 = NRs110.35

ABBREVIATIONS ADB – Asian Development Bank BPL – Below poverty line CBS – Central Bureau of Statistics PAM - Project Administrative Manual DSC – Design and supervision consultants DOA – Department of Archealogy DWSS – Department of Water Supply and Sewerage GON – Government of Nepal GRC – Grievance redress Committee GRM – Grievance Redress Mechanism LMC – Lalitpur Metropolitan City PID – Project Implementation Directorate KUKL - Kathmandu Upathayaka Khanepani Limited PPTA – Project preparatory technical assistance SSO – Social Safeguards Officer SPS – Safeguard Policy Statement KVWMP – Kathmandu Valley Waste Water Management Project KVWSMB _ Kathmandu Valley Water Supply Management Project WTP – Water treatment plant

WEIGHTS AND MEASURES cum – cubic meter lps – liters per second km – kilometer m2 – square meter mm – millimeter m3 – micrograms per cubic meter

NOTES

In this report, "$" refers to United States dollars.

CONTENTS

Page I. INTRODUCTION 1 A. Background 1 B. Project Components 1 II. SCOPE OF THE REPORT 3 A. Resettlement Impact 4 III. PUBLIC CONSULTATION 6 IV. SOCIOECONOMIC INFORMATION AND PROFILE 7 V. GRIEVANCE REDRESS MECHANISM 10 VI. CONCLUSION 12

APPENDIXES: 1. Approval Letter from DOA 2. Communication letter from Lalitpur Metropolitan City 3. List of Likely Affected Structures 4. Minutes of Consultation 5. Name list of Participants in consultation 6. List of Major Festivals

TABLES: 1. Summary of Sewer Length 2. Depth of Excavation 3. Summary of Consultation 4. Wardwise Population 5. Caste and Ethnicity 6. Age Group 7. Source of Drinking water 8. Literacy Status 9. Educational Status 10. HHs by type of Toilet

I. INTRODUCTION

A. Background

1. The Kathmandu Valley Wastewater Management Project (ADB Loan No. 3000 –NP) supports the ongoing efforts of the Government of Nepal towards improving the wastewater services in Kathmandu Valley. The project will invest in rehabilitation and expansion of the sewerage network, modernization and construction of new wastewater treatment plants, and improvement of wastewater management in Kathmandu Valley, which will complement past and ongoing Asian Development Bank (ADB) projects. The project is expected to increase operational efficiency, improve service delivery, and improve health and quality of life for inhabitants of Kathmandu Valley. The expected outcome of the project will be improved access to efficient and reliable delivery of wastewater services to the residents of Kathmandu Valley, including the poor.

2. Kathmandu Valley is characterized by high population growth (estimated to be 6.6% per annum) and high population density (estimated at more than 2,500 persons per km2). The total population of Kathmandu Valley was estimated at 2.51 million in 2011 (CBS, census 2011). The existing wastewater network has not been maintained or expanded to serve the spreading urban areas and increased population. This has resulted in untreated sewage being discharged directly into local water courses. The rivers have become open sewers presenting severe public health risks, particularly to the urban poor. Moreover, poor access to sanitation facilities, an improper solid waste management system, and groundwater and surface water pollution from untreated domestic sewage have caused increased disease, health risks, and associated economic burdens disproportionately impacting the poor and vulnerable.

B. Project Components

3. Lalitpur is on the elevated tract of land in Kathmandu Valley on the south side of the Bagmati River, which separates it from the city of Kathmandu on the northern and western side. The Nakkhu Khola acts as the boundary on the southern side. It is bounded by Kirtipur Municipality and Kathmandu Metropolitan City (KMC) in the west, Kathmandu Metropolitan City in the North and Godawari Municipality in the South.

4. Lalitpur Metropolitan City (LMC) along with Lalitpur district has gone through a phase of rapid and unplanned urbanization and industrialization without adequate infrastructure development. The core area of LMC including Patan Darbar Square faces sewerage and storm water drainage during rainy season. To improve the present conditions of the wastewater services, the Government, with the assistance of ADB, has embarked on sewerage network along this core area of LMC.

5. The total length of the sewers for this package is 2.8 km and the size of pipes varies from 500 to 1,400 mm. Plastic pipes of 0.5 to 1 m dia are 1.71 km and concrete pipes of 1.4 dia are 1.1 km. Only in Line 1 route has both plastic and concrete pipes. The service area includes eight wards of core city of Lalitpur which have mostly higher density of population. The service areas included are ward number 5,9,11, 12, 15, 16, 19, and 20.

Table 1: Summary of Sewer Length Diameter (m) Pipeline Length(m) 0.5 to 1 1.4 Line 1 (Lagenkhel Bus park to 864 1103.5 1967.5 UN park near Bagmati river) Line 2 713.3 - 713.3 (Kumaripati to Swotha) Line 3 (Kumari pati to Iti chok) 129.74 - 129.74 Total 1707.04 1103.5 2810.54

6. Out of the 2.81 km of the total sewer length, 2 km of sewers have 2-3 meters of depth of excavation, 0.77 km has 3-4 meters and only 0.04 km has 4-4.12 meters depth of excavation. The smallest diameter collector sewer proposed is 500 mm while the largest diameter is 1400 mm.

Table 2: Width, Depth, and Length of Excavation Width of Depth of Excavation (m) S.N. Diameter Excavation Total Length (m) (m) 2-3 3-4 4-4.2 1 0.5 1 125 125 2 0.6 1 100 100 3 0.8 1.2 572.34 572.34 4 1 1.5 909.7 909.7 5 1.4 2 300.5 766 37 1103.5 Total Length of Sewer 2007.54 766 37 2810.54

7. The sewerage will be connected to interceptor constructed along the bank of Bagmati River at Sankhamul and will be catered to Dhobighat treatment plant for the treatment of wastewater collected from the various part of Kathmandu valley. The improvement and upgrading of existing sewer line 1 proposed from Lagankhel buspark passing through Chardobato, Tangal, Haugal, Mangalbazar, Patan Darbar Square, Swotha, Kobahal, Bangalamukhi and Sankhamul. Line 2 proposed from Pipal boat passing through Ebahal, Ikalukhu, Mahapal, Pataku, Kwalkhu, meets at Swotha with Line 1. Line 3 proposed from Chardobato to Pipalboat chowk.

Figure 1: Base map of project area with project alignment

II. SCOPE OF THE REPORT

8. This resettlement due diligence report is prepared for the proposed sewer network rehabilitation of the core city area of Lalitpur Metropolitan City (LMC) under Contract Package KUKL/WW/SN-03, under the Kathmandu Valley Waste Water Management Project (KVWWMP).

9. A due diligence process was conducted based on preliminary design to examine land acquisition and resettlement issues in detail, in line with ADB SPS 2009. This report describes the facts and findings through field survey, observations and photographs.

A. Resettlement Impact

10. There is no land acquisition under the proposed project. The construction works will be within existing road rights of way, in the middle of each road. The sewer route follows 3.5-8m wide roads. Trench sections for sewer line will be 50-100 meters long, which will be backfilled immediately after finishing work. Only partial road closures are anticipated. Works will be undertaken section by section so that traffic may continue to flow, and access disruptions are minimized. The public will also be informed about any alternate routes, if available.

11. Field visit and walk through survey was conducted from 17-22 June 2018 for site observation as well as to assess the impact of the project, if any. Lists of potentially affected shops, temples and other traditional structures were also collected during field work. During site visit and survey, it is found that there are no direct impacts on the structures and shops. Potential structural impacts were initially identified to 18 old structures and 4 small temples located at both sides of the road as these structures were damaged by the earthquake that occurred in 2015. These structures are supported by wood and metal pillars. Details of the structures along with photographs is included in the Appendix IV. Subsequently, consultants were hired to address structural concerns and heritage conservation and to provide specific advice to avoid any damage and risk to buildings and structures, which will be the contractor’s responsibility and will be closely monitored through the EMP. Hence, no impact to structures is anticipated.

12. Contractor will be responsible to take care for the existing old vulnerable houses as well as structures of cultural importance situated close to the road alignment (listed in Due Diligence Report Appendix IV) which will not be affected due to project activities. Contractor is responsible to produce applicable methodology for the protection of vulnerable physical structures together with construction methodology and should get approval from LMC and engineer prior to construction activity. In addition, trench excavation will be carried out as per specification clause 2.3.12, 2.3.13 and 2.3.14 without affecting structures and hence shoring will be applied along the excavated trench to protect the foundation of such vulnerable structures. Further, shoring will be also be applied to the building and structures above the ground which are vulnerable to damage during the time of excavation. Shoring will be applied to all vulnerable buildings and residences prior to excavation. No additional cost is estimated for the initially identified structural impacts; as the contractor will be responsible for their protection. The cost of structural protection measures for all likely affected structures has been incorporated in provisional sum of BOQ under the contract.

13. The initial transect walks helped identify businesses located along the pipeline right of way. The number of permanent shops that are located on both sides of the road is 525. Number of vendors identified during survey were 63. However, no impacts to businesses were identified due to the following proposed measures: 1) proposed night works in market areas outside heritage precinct, to ensure business activities are not disrupted; 2) confirmation through field visits that there are no market areas within the heritage precinct where civil works will be undertaken at day time; and 3) proposed laying of sewer lines in the middle of the road RoWs, which will ensure that roadside business activities remain unaffected. The project construction activities will not disrupt shopkeepers and vendors temporarily or permanently. Pedestrian 5 safety would be taken care of by the contractors during the construction period by providing alternate roads, safety signs and sign boards, and providing hard barricades and speed breakers where required. Moreover, mitigation measures as specified in the EMP will also be implemented by the contractors and will be closely monitored.

14. About 157.5 m sewer line passes through Patan Darbar square, one of the UNESCO World Heritage Site. There are temples, idols and chowks in the area. The area comprises old places of Malla Dynasty including cultural and archaeological sites such as Krishna Mandhir (Temple) and Bhimshen Temple, are the most significant sites situated within the Darbar Square. The square floor is paved with red bricks which need to remove to lay sewer line. The square was damaged by earthquake 2015 and rehabilitation work is ongoing. It is recommended to hand dig for trenches of 50-100 m with access to community. Contractors will take extra precautions on safety measures and reinstate the site in its original form. A consent letter has received from Department of Archeology (DoA) for the implementation of combined sewer line within the vicinity of protected monument site a Patan Darbar Square listed in World Heritage .DOA has agreed to provide approval for the implementation of construction works without disturbance to daily activities and a representative from Monument Conservation and Palace Watch Office, Patan shall be available compulsory (adequate incentive will make available from the project for the extra time spend by the DOA personnel) during excavation. Letter is attached as Appendix 2. In addition, a structural consultant is engaged to avoid any damage and risk to building and structures.

15. Peoples of LMC celebrate many feasts and festivals throughout the year such Rato Macchindranath Jatra, Krishna Asthami, Bhimsen Jatra, Matiya Jatra,Gai Jatra,Janai Purnima. The most spectacular festival of Lalitpur district is Rato Macchindranath Jatra which is celebrated whole month Baishak (April-May). The Chariot route is Natole,Gabahal, Mangal Bazar,Sundhara,Lagankhel,Kumaripati and finally ends at Jawalakhel. Contractors will follow festival calendar of LMC to avoid disturbance of the route for the local community. Construction work will be avoided during festival time. A list of festivals that are celebrated in the project area is included in Appendix 7. Further details are available in the Heritage Impact Assessment (HIA) and EMP.

16. To avoid or limit the disturbance to the least extent possible, contractors will maintain the road access to shops and properties and ensure that small temples and other public assets are protected and access maintained; mitigation measures are also incorporated into their contracts and are required to be monitored by the construction supervision consultants. No temporary economic impacts to businesses along the sewer routes are anticipated. Mitigation measures specified in the EMP will be closely monitored to avoid disruption. According to the Detailed Design Report, the excavation work for this section will be limited to 50-100 meters length, which will be backfilled immediately after finishing the pipelaying work. Therefore, no road closure for a whole day is anticipated. Shopkeepers and vendors will be informed at least one week prior to the excavation so that the mobile street vendors could manage their business for that time. The Department of Archaeology has provided approval for the implementation of construction works during night time without disturbance to daily activities. According to discussion with shopkeepers and vendors, they expressed that they can easily manage for their business during construction period and if construction work is conducted in night hours, there will be no impact on their business. The locals, shopkeepers and vendors were in agreement to provide their support during construction hours. To avoid and/or mitigate disturbances contractors will be required to maintain access to shops during trenching (metal planks, spaces, etc.). Prior to construction, contractors and design and supervision consultant (DSC), with the assistance of the community participation consultants, will provide at

6 least one to two weeks advance notice, along with an awareness campaign involving local area committees (Tole committees). Good traffic management planning and implementation, and maintaining access to shops during the construction period, as outlined in the Environmental Management Plan (EMP) will be strictly followed. Mobile hawkers and vendors will be assisted by contractors in moving to alternative locations where they can continue with their business, during the short period of construction. They will also be allowed to return once construction in the area is declared completed. No temporary or permanent loss of income is anticipated.

III. PUBLIC CONSULTATION

17. Consultations were undertaken with key stakeholders about the project information; potential temporary disruptions and mitigation measures were assessed and discussed with stakeholders. The consultations helped in identifying the felt needs/concerns and priorities of the stakeholders. The following table 3 provides a summary of consultations and discussions held with stakeholders.

Table 3: Summary of consultations Ward SN Date No Total Male Female Topic, Issue and decision Presentation on DPR at LMC to different 1 2075/2/10 LMC 34 29 5 stakeholders Coordination meeting with different 2 2075/2/23 LMC 2 government agency

Information dissemination of the project. Coordination with ward committee and 3 2075/3/11 5 11 7 4 local community members Information dissemination of the project. Coordination with ward committee and 4 2075/3/12 12 21 6 15 local community members

Information dissemination of the project. Coordination with ward committee and 5 2075/3/2 19 15 11 4 local community members Information dissemination of the project. Coordination with ward committee and 6 2075/3/15 11 16 14 2 local community members

Information dissemination of the project. Coordination with ward committee and 7 2075/3/15 9 28 23 5 local community members

Information dissemination of the project. Coordination with ward committee and 8 2074/3/15 16 19 14 5 local community members Information dissemination of the project. Coordination with ward committee and local community members

The excavation work for this section will be 50-100 meters which will be 12,19& backfilled immediately after finishing 9 2075/8/2 5 34 30 4 work. Therefore, there will be no 7

disturbance on local business.

Project will inform shopkeepers and vendors at least one week prior to the excavation so that the street vendors could manage their business for that time. Locals including vendors and shopkeepers agreed to provide their support by clearing the construction area of displayed goods or moving to nearby locations where they can continue their business and construction activities will be carried out. Need to protect public assets and small temples was discussed. Discussed on project impact and benefits and how to minimize the project impact during construction.

Participants: Mayor, Deputy Mayor, Ward Chairperson of LMC, Tole committee member of LMC, Tole committee leaders, Nepal Telecom, 27 Magh DOA Patan Darbar Office and 10 2075 LMC 20 16 4 PID/DSC-6, and CASSC DSC-5

IV. SOCIOECONOMIC INFORMATION AND PROFILE

18. Description of Sewer Route Area. The service area lies in eight wards of core city of Lalitpur district which have mostly higher density of population. The service areas included are the ward number 5, 9, 11, 12, 15, 16, 19, and 20. The improvement and upgrading of existing sewer line 1 proposed from Lagankhel buspark passing through Chardobato, Tangal, Haugal, Mangalbazar,Lalitpur Darbar Square,Swotha,Kobahal, Bangalamukhi and Sankhamul. Line 2 proposed from Pipal boat passing through Ebahal, Ikalukhu, Mahapal, Pataku, Kwalkhu, meets at Swotha with Line 1. Line 3 proposed from Chardobato to Pipalboat chowk. The collected sewerage will be connected to the exosting interceptor along the bank of Bagmati River at Sankhamul and will be catered to Dhobighat treatment plant for the treatment of wastewater collected from the various part of Kathmandu valley.

19. Demographic composition. There are 54581 households in Lalitpur Metropolitan City. The total population is 2,20,802 of which 1,13,781 and 1,07,021 are Male and Female, respectively; average household size is 4.05 (Census, 2014). Details of wardwise households with population of the service area is tabulated below.

Table 4: Wardwise Population SN Ward Household Total Male Female 1 5 1516 6404 3152 3252 2 9 3484 13908 7385 6523 3 11 1010 4458 2237 2221 4 12 1342 5891 3064 2827

SN Ward Household Total Male Female 5 15 3480 13858 6999 6859 6 16 858 4362 2156 2206 7 19 1774 7385 3779 3606 8 20 1978 7721 3958 3763 Total 15442 63987 32730 31257 Source: Ward profile of LMC.

20. Social classification. The caste composition of project beneficiaries is heterogeneous. Project beneficiaries are divided into different caste/ethnic compositions, such as Brahmins, Newar, Chhetri, Tamang and Magar. In the LMC, majority of households are Newar who are considered as an advanced indigenous people group.

Table 5: Caste and ethnicity of LMC Caste Total Male Female Chhetree 31923 16283 15640 Brahman - Hill 27438 14570 12868 Magar 11637 5737 5900 Tharu 3539 2155 1384 Tamang 17041 8651 8390 Newar 88927 44094 44833 Musalman 2002 1360 642 Kami 2470 1368 1102 Yadav 1594 1143 451 Rai 7490 3545 3945 Gurung 4164 1983 2181 Damai/Dholi 687 351 336 Limbu 2873 1324 1549 Thakuri 1602 796 806 Sarki 557 267 290 Teli 1133 775 358 Chamar/Harijan/Ram 161 120 41 Koiri/Kushwaha 501 367 134 Kurmi 203 153 50 Sanyasi/Dashnami 771 406 365 Others 14,089 8,333 5,756 Total 220,802 113,781 107,021 Source: CBS, 2011.

21. Age. The economically active age group between 15 to 59 years constitutes about 70.28 % of the total population of LMC. The other main age group 5 to 14 years is about 21.81% and 60 years over groups constitute about 7.91%. 9

Table 6: Age Group Age group Male Female Total % 0-4 25249 22902 48151 21.81 15-60 80364 74820 155184 70.28 Above 60 8168 9299 17467 7.91 Total 113,781 107,021 220,802 100% Source: CBS, 2011.

22. Drinking Water. Different drinking water sources are used by the population. The main source of drinking water is tap/piped water. Out of the total population, 65.15% have access to tap water. Some households also depend on covered well/kuwa as well as on tube well/hand pump. Details are provided in the table below.

Table 7: Sources of Drinking Water Tap/ Tube Covered Uncovered Spout River/ Others Not Total Piped Hand well/ well/Kuwa Water Stream stated Water pump Kuwa No. of 33378 801 6045 940 2708 38 10242 429 54,581 source s Perce 61.15% 1.47% 11.08% 1.72% 4.96% .07% 18.76% .79% 100% ntage of total Source: CBS, 2011.

23. Literacy Status. Literacy rate of LMC is 87.37%. Male literacy is higher than female literacy, with gender gap in literacy at 11.43%. The Table below presents the details.

Table 8: Literacy Rate Gender 5yrs and Can read can read cannot read Literacy Literacy rate above and write only and write not stated Male 106908 99343 1352 6186 27 92.92 Female 100927 82241 1984 16662 40 81.49 Total 207835 181584 3336 22848 67 87.37 Source: CBS, 2011.

24. Education. The literacy rate of LMC is at 87.37%. In terms of numbers, in the project area, the majority of the population completed only upto primary level education and very few completed post-graduation. Details are presented in the Table below.

Table 9: Educational Level S.N Education Level Male Female Total Percentage 1 Beginner 2651 2311 4962 2.72% 2 Primary(1-5) 17814 15917 33731 18.51% 3 Lower Secondary(6-8) 14026 11472 25498 13.99% 4 Secondary(9-10) 11598 9950 21548 11.82% 5 SLC and equivalent 14760 12448 27208 14.93% 6 Intermediate 16774 13935 30709 16.85% 7 Graduation 12324 8512 20836 11.43% 8 Post Graduation 6455 3459 9914 5.44%

9 Others 82 77 159 .09% 10 Non-formal 2849 4060 6909 3.79% 11 Level not stated 552 239 552 .43% Grand Total 99,885 82,380 182,265 100% Source: CBS, 2011

25. Toilet Facility: The majority of households - about 81% in Lalitpur, have toilets (CBS 2001). Most of the household toilets do not have septic tanks and they are directly connected to the sewerage lines that discharge waste to the nearby river.

Table 10: Households by Type of Toilets S. N Description of HHs Number Percentage 1 Households without toilet 113 .21% 2 Flush Toilets 50947 93.34% 3 Ordinary Toilets 3061 5.61% 4 Not stated 460 .84% Total 54,581 100% Source: CBS, 2011

V. GRIEVANCE REDRESS MECHANISM

26. A grievance redress mechanism (GRM) will be established by PID, with assistance from DSC, the community awareness consultants and the contractor to receive evaluate and facilitate the resolution of affected people’s concerns and complaints and grievances about the social and environmental performance of the project. The GRM aims to provide trusted way to voice and resolve concerns linked to the project, and to be an effective way to address affected peoples’ concerns. The GRM will consist of the following levels with time bound schedules and specific persons to address grievances.

1. First level of GRM

27. The first level and most accessible and immediate contact for the fastest resolution of grievances are the contractors and supervision consultant onsite. Prior to construction of any works, the community awareness and participation consultants, DSC, and contractors are to hold local community meetings to notify the local residents and businesses of the temporary disturbance, and to inform them of the project. If a local area committee (tole committee) exists in the area, they should also be informed and made aware of the project The KUKL branch manager will fully document the following information: (i) name of the person, (ii) date of complaint received, (iii) nature of complaint, (iv) location, and (v) how the complaint was resolved.

2. Second level of GRM

28. Should the grievance remain unresolved, the branch manager will forward the complaint to the PID safeguards unit. The person filing the grievance will be notified by the consumer relations officer or branch manager that the grievance was forwarded to the PID safeguards unit. Grievances will be resolved through continuous interactions with affected persons, and the CAPC team with the support of PID will answer queries and resolve grievances regarding various issues, including environmental, social, or livelihood impacts. 11

Corrective measures will be undertaken at the field level by the PID safeguards staff within 7 days. The relevant safeguards unit staff will fully document the following information: (i) name of the person, (ii) date of complaint received, (iii) nature of complaint, (iv) location, and (v) how the complaint was resolved.

3. Third level of GRM

29. Should the grievance remain unresolved, the PID project director will activate the third level of the GRM by referring the issue (with written documentation) to the local grievance redress committee (GRC) of the KUKL, who will, based on review of the grievances, address them in consultation with the PID safeguards unit, Project Director, and affected persons. The GRC should consist of around five persons, including representatives from CBO/NGO, from among DPs and the tole committee, from the concerned municipality, from PID, KUKL, and from KVWSMB.The functions of the local GRC are as follows: (i) to provide support to affected persons on problems arising from environmental or social disruption, asset acquisition (if necessary), and eligibility for entitlements, compensation, and assistance; (ii) to record grievances of affected persons, categorize and prioritize them, and provide solutions within 15 days; and (iii) to report to the aggrieved parties developments regarding their grievances and the decisions of the GRC. The PID safeguards officers will be responsible for processing and placing all papers before the GRC, recording decisions, issuing minutes of the meetings, and taking follow-up action to see that formal orders are issued and the decisions carried out.

4. Fourth level of GRM

30. In the event that a grievance is not addressed by the contractor, DSC, branch office, PID, or GRC, the affected person can seek legal redress of the grievance in the appropriate courts, the fourth level of the GRM, which is the formal legal court system.

VI. CONCLUSION

31. No land acquisition or impact on livelihood (temporary or permanent) is anticipated as a result of this subproject. No structural or income (temporary or permanent) loss is anticipated. The subproject does not require relocation of any private and public structures. After construction of the sewer line, reduced disease incidence, minimized health risks and positive impact to the community is anticipated. This draft due diligence report will be updated based on final detailed design and ADB’s clearance obtained prior to start of construction.

Photographs

Starting point of SN-03, Lagankhel Bus Park

Vendors

Patan Dabar Square Area.

Earthquake Affected House with Support of Wooden Pillars 15

Presentation of project alignment to Lalitpur metropolitan city and concern stakeholders

16 Appendix 1

Appendix 1: Approval letter from Department of Archaeology and English translation

Note: Initially night works were proposed in the Heritage site, but due to the potential of chance finds, experts have suggested to carry out day work with detail construction methodology after their preliminary study/observations. This will be more detailed in HIA which is under preparation. Appendix 1 17

Translation of approval letter from Department of Archaeology written to Lalitpur Metropolitan City office

Subject: Regarding combine sewer line

In reference to the above subject, we are aware of Lalitpur Metropolitan City letter ref; 7320, 074/075 dated 2075/02/21 (4 June 2018). In this regard, it is to inform you that based upon LMC’s decision dated 2075/02/30 (13 June 2018) we approve for the implementation of combined sewer line within the vicinity of protected monument site a Patan Durbar Square listed in World Heritage to management sewer problem occurring during rainy season due to surface runoff; and DOA is agreed to provide approval for the implementation of construction works without disturbance to daily activity and a representative from Monument Conservation and Palace Watch Office, Patan shall be available compulsory (adequate incentive shall make available from the project for the extra time spend by the DOA personnel) during excavation.

18 Appendix 2

Appendix 2: Communication letters from LMC

Appendix 2 19

20 Appendix 2

Appendix 2 21

Letter written by LMC to Patan Durbar Care Office, Mangalbazar, Patan Durbar Area.

Subject: Requesting of approval for the construction of Combined Sewer line

Flooding is one of the major issue along the Patan Durbar Square Area in every rainy season.

In the leadership of LMC, PID and LMC’s joint investment and participation has intended to solve the problem with the implementation of Combined sewer network, which will be operational soon.

This sewer network project will add value of all temples and cultural structures within the area together with Patan Durbar (Palace) which has archaeological and historical significance. Due attention has been given to avoid any sort of significant impact upon physical archaeological structures with the construction of sewer lines.

Construction activity will be undertaken during the night time and excavated spoil will be disposed safely and proper management has been taken care for the smooth operation of traffic following day. Construction activity will be carried out in presence of your representative. Further, your instruction will be followed during the time of excavation and construction.

We would like to request you to provide permit to carry out construction activity within the area considering importance and urgency. Ultimately, the estimate of relevant section and required maps are attached with this letter for your reference.

Rudra Gautam Unit Chief, Infrastructure and construction unit

CC: Mayor, LMC

KUKL-PID, Anamnagar

22 Appendix 2

Kathmandu Upatyaka Khanepani Limited Project Implementation Directorate

Cost Estimate of SN03

Part Work Amount (NRs.) Description of Works No. No. (in figure)

General Items, Day Works, Geotechnical Investigation and A Provisional Sum A1 General Items 28,163,121.00 A2 Days Works 1,750,271.00 A3 Provisional Sum 32,000,000.00 Total Amount of A 61,913,392.00

B Civil Work

Surface Dressing, Earthwork, Sand Filling and Other Earth B1 111,270,669.02 Material Related Works B2 Masonary Works 5,588,598.59

Concrete Related Work for PCC, RCC, DPC, PCC Finishing & B3 22,239,114.18 Placing of Prefabricated RCC Elements

Form Work for Shuttering, Reinforcement, Shoring Trenches and B4 16,312,529.56 Scaffolding Works B5 Surface Finishing Works 198,555.12 B6 Gabion Works 393,650.54 B7 Pipes Works 72,480,332.51 Miscelleaneous Works (Manhole cover, Manhole steps, Flap B8 9,340,662.36 Valve) Total Amount of B 237,824,111.88 Total of A to B of Summary of BOQ 299,737,503.88

C Miscellaneous Items C1 Dismantling and Reinstate of Existing Road 76,914,838.29 Dismantling of existing sewerline, shoring of structure, diversion C2 28,259,780.58 of sewage, etc C3 Reinstatement of Water Supply Pipeline in Sewer Alignment 3,624,217.33 C4 Reinstatement of Melamchi Pipeline in Sewer Alignment 13,831,071.28 C5 Reinstatement of Telecom Network in Sewer Alignment 5,037,668.06 C6 Reinstatement of Electricity Line in Sewer Alignment 20,566,710.38 Appendix 2 23

Part Work Amount (NRs.) Description of Works No. No. (in figure) Total Amount of C 148,234,285.92

Total Summary Amount of BOQ (A+B+C) 447,971,790.00 VAT @ 13% 58,236,332.70 Total Summary Amount of BOQ (A+B+C) with VAT 506,208,123.00 Physical and Price Contingency 10 % 44,797,179.00 VAT @ 13% of Contingency 5,823,633.27 Physical and Price Contingency 10 % with VAT 50,620,812.27 Total Project Cost in NRs 556,828,935.00 Total Project Cost in US$ 5,013,767.00 Exchange Rate on: 08/04/2019 $1=111.06NRs

24 Appendix 2

Appendix 2 25

Letter from LMC to Nepal Electricity Authority, Nepal Tele Communication, and KUKL, Jawlakhel Branch on 10 June 2018.

Subject: Removing underground utilities

In this regard; you are requested to provide cost estimate for the removal, temporary operation, and for reinstate of all underground utilities existed within the right of way of proposed sewer network alignment. Proposed pipe route is attached herewith this letter. Please contact SDE Bipul Kr. Laldas, Engineer, KUKL-PID (9861531633) if other Technical Details are required.

Rudra Gautam Unit Chief

26 Appendix 2 Appendix 2 27

Letter from KUKL-PID to Nepal Electricity Authority, Pulchok dated 2075/02/29 (10 June 2018).

Subject: Cost estimate

In reference to above subject you are aware about the implementation of Sewer pipeline project starting from Lagankhel, Kumaripati, Mahapal to Patan Darbur Square, and up to Jwagal from the presentation on 16 May 2018 held at LMC meeting hall in presence of all stakeholders. We have been coordinating with respective line agencies for the preparation of cost estimates for removal of underground utilities and are under progress. In this regard; you are requested to provide cost estimate for the removal, temporary operation, and for reinstate of all underground electricity utilities existed within Patan Darbur Square area to Sankhamul area the right of way of proposed sewer network alignment. Proposed pipe route map is attached herewith this letter for your reference.

Er. Tiresh P Khatri, Project Director

28 Appendix 2

Appendix 2 29

30 Appendix 2

Appendix 2 31

32 Appendix 2

Letter written by NTC to KUKL-PID

Subject: submission of map

In reference to the above subject maps required for the likely affected Copper Network of NTC along the proposed sewer network from Lagenkhel, Kumaripati, Mahapal, to Sankhamul and for civil work for the installation of Fibre Network along the sewer line is attached herewith this letter.

CC: Lalitpur Metropolitan City, Pulchowk, Lalitpur. NTC, Chauni. NTC, Tripureshwor, Kathmandu. Appendix 3 33

Appendix 3: List of initially identified structures Potential structural impacts were initially identified. However, consultants were appointed to further investigate structural safety and heritage conservation. They provide advice on these aspects and on how to avoid any damage and risk to buildings and structures. Advice given by these consultants ensure that potential impacts are avoided. Hence, no impact to structures are anticipated.

Owner Name: Rahul Shakya Chainage 0+400 Structure ID: 1

Nagarpalika LMC Address Haugal

Ward 12

Side (R/L) Left

Structure Type Resident / commercial Roof Type RCC Story 2 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by M

Use Type Resident /Commercial

Affected Status Likely Affected Year

Owner Name: Jamuna Shrestha

Chainage 0+420 Structure ID: 2

Nagarpalika LMC Address Haugal

Ward 12

Side (R/L) Left

Structure Type Commercial Roof Type RCC Story 3 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by M

Use Type Commercial

Affected Status Likely Affected Year

34 Appendix 3

Owner Name: Santa Lal Tamrakar

Chainage 0+440 Structure ID: 3

Nagarpalika LMC Address Haugal

Ward 12

Side (R/L) Left

Structure Type Commercial Roof Type RCC Story 4 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Resident /Commercial

Affected Status Likely Affected Year

Owner Name: Pritamraj Panikar

Chainage 0+480 Structure ID: 4

Nagarpalika LMC Address Haugal

Ward 12

Side (R/L) Left

Structure Type Commercial Roof Type CGI Sheet Story 4 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by M

Use Type Resident /Commercial

Affected Status Likely Affected Year

Appendix 3 35

Owner Name: Govinda Dangol

Chainage 0+810 Structure ID: 5

Nagarpalika LMC Address Bhimsethan

Ward 20

Side (R/L) Left

Structure Type Commercial House Roof Type CGI Sheet Story 2 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Commercial

Affected Status Likely Affected Year

Owner Name: Mukesh Shahi

Chainage 0+010 Structure ID: 6

Nagarpalika LMC Address Etichowk

Ward 19

Side (R/L) Left

Structure Type Commercial House Roof Type CGI Sheet Story 3 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Commercial

Affected Status Partially Year

36 Appendix 3

Owner Name: Krishna Kumari Shahi

Chainage 0+035 Structure ID: 7

Nagarpalika LMC Address Etichowk

Ward 19

Side (R/L) Left

Structure Type Resident Roof Type CGI Sheet Story 2 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Rent

Affected Status Partially Year 100

Owner Name: Tulsi Maya Malakar

Chainage 0+075

Structure ID: 8

Nagarpalika LMC

Address Ebahal Ward 19

Side (R/L) Left Structure Type Resident

Roof Type CGI Sheet Story 1

Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Paster by

Use Type Resident Affected Status Partially Year

Appendix 3 37

Owner Name: Hira B.Silapakar Chainage 0+275 Structure ID: 9

Nagarpalika LMC Address Ikhalakhu

Ward 19

Side (R/L) Left

Structure Type Resident Roof Type CGI Sheet Story 4 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Resident

Affected Status Partially Year

Owner Name: Dilendra Raj Stha

Chainage Structure ID: 10

Nagarpalika LMC Address Patko

Ward 19

Side (R/L) Left

Structure Type Resident / commercial Roof Type CGI Sheet Story 3 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster

Use Type Resident /Commercial

Affected Status Likely Affected Year 15

38 Appendix 3

Owner Name: Bodhi Shakya

Chainage 0+518 Structure ID: 11

Nagarpalika LMC Address Patko

Ward 19

Side (R/L) Left

Structure Type Resident / commercial Roof Type CGI Sheet Story 3 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by Ce

Use Type Resident /Commercial

Affected Status Fully Affected Year

Owner Name: No Name

Chainage Structure ID: 12

Nagarpalika LMC Address Ikhalakhu

Ward 19

Side (R/L) Left

Structure Type Wall Roof Type CGI Sheet Story 2 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Need to destroy and No one live

Affected Status Partially Year

Appendix 3 39

Owner Name: No Name

Chainage 0+225 Structure ID: 13

Nagarpalika LMC Address Ikhalakhu

Ward 19

Side (R/L) Left

Structure Type Resident Roof Type CGI Sheet Story 4 Length (m) Breadth (m) Wall Structure Stone /Cement Wall and Plaster by

Use Type Resident

Affected Status Partially Year

Owner Name:

Chainage 1+275 Structure ID: 14

Nagarpalika LMC Address Swotha

Ward 11

Side (R/L) Left

Structure Type Wall Roof Type CGI Sheet Story 3 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by M

Use Type Need to destroy and No one live

Affected Status Likely Affected Year

40 Appendix 3

Owner Name:

Chainage 1+000 Structure ID: 15

Nagarpalika LMC Address Swotha

Ward 11

Side (R/L) Left

Structure Type Wall Roof Type CGI Sheet Story 3 Length (m) Breadth (m) Wall Structure Stone /Mud Wall and Plaster by M

Use Type Need to destroy and No one live

Affected Status Likely Affected Year

Owner Name: Paknalal Shakya

Chainage 0+500 Structure ID: 16

Nagarpalika LMC Address Chakra Bahil Chowk-12

Ward 12

Side (R/L) Right

Structure Type Resident / commercial Roof Type CGI Sheet Story 2 Length (m) Breadth (m) Wall Structure Bricks with mud

Use Type Commercial

Affected Status Likely Affected Year

Appendix 3 41

Owner Name: Yamal Raj Bhandari

Chainage 0+528 Structure ID: 17

Nagarpalika LMC Address Patko(Kwalkhu)

Ward 19

Side (R/L) Left

Structure Type Resident / commerial Roof Type RCC Story 3 Length (m) Breadth (m) Wall Structure Bricks with mud

Use Type Vacant house due to earthquake

Affected Status Year

Owner Name: Temple Chainage 0+000 Structure ID: 18

Nagarpalika LMC Address Etichowk

Ward 5

Left

Structure Type Temple Roof Type N/A Story Open Length (m) Breadth (m) Wall Structure

Use Type

Affected Status Year

42 Appendix 3

Ownner Name:

Chainage 0+468 Structure ID: 19

Nagarpalika LMC Address Patko

Ward 19

Side (R/L) Left

Structure Type Resident / commerial Roof Type RCC with wood Storey 3 Length (m) Breadth (m) Wall Structure Bricks

Use Type

Affected Status Year

Ownner Name: Temple

Chainage 0+525 Structure ID: 20

Nagarpalika LMC Address Haugal

Ward 12

Side (R/L) Right

Structure Type Temple Roof Type N/A Storey Open Length (m) Breadth (m) Wall Structure

Use Type Community

Affected Status Year

Appendix 3 43

Ownner Name: Temple

Chainage 0+850 Structure ID: 21

Nagarpalika LMC Address Swotha

Ward

Side (R/L) Right

Structure Type Temple Roof Type N/A Storey Open Length (m) Breadth (m) Wall Structure

Use Type Community

Affected Status Year

Owner Name: Garuda Temple

Chainage 0+860 Structure ID: 22

Nagarpalika LMC Address Swotha

Ward

Side (R/L) Right

Structure Type Temple Roof Type N/A Storey Open Length (m) Breadth (m) Wall Structure

Use Type Community

Affected Status Year

44 Appendix 3

Detail of Structures initially identified Detail list of Structure War Plot S.N House owner Name Municipality ChainageSettlement R/L Structure Type Roof type Storey Wall type Present Use d No No 1 Rahul Shakya LMC 12 0+400 Haugal Left Resident / commerial RCC 2 Stone /Mud Wall and Plaster by Mud Resident /Commerial 2 Jamuna Shrestha LMC 12 0+420 Haugal Left Commerial RCC 3 Stone /Mud Wall and Plaster by Mud Commerial 3 Santa Lal Tamrakar LMC 12 0+440 Haugal Left Commerial RCC 4 Stone /Cement Wall and Paster by Cement Resident /Commerial 4 Pritamraj Panikar LMC 12 0+480 Haugal Left Commerial CGI Sheet 4 Stone /Mud Wall and Plaster by Mud Resident /Commerial 5 Govinda Dangol LMC 20 0+810 Bhimsethan Left Commerial House CGI Sheet 2 Stone /Cement Wall and Paster by Cement Commerial 6Mukesh Shahi LMC 19 0+010 Etichowk Left Commerial House CGI Sheet 3 Stone /Cement Wall and Paster by Cement Commerial 7 Krishna Kumari ShahiLMC 19 243,2450+035 Etichowk Left Resident CGI Sheet 2 Stone /Cement Wall and Paster by Cement Rent 8 Tulsi Maya Malakar LMC 19 0+075 Ebahal Left Resident CGI Sheet 1 Stone /Cement Wall and Paster by Cement Resident 9 Hira B.Silapakar LMC 19 0+275 Ikhalakhu Left Resident CGI Sheet 4 Stone /Cement Wall and Paster by Cement Resident 10 Dilendra Raj Stha LMC 19 185 Patko Left Resident / commerial CGI Sheet 3 Stone /Cement Wall and Paster by Cement Resident /Commerial 11 Bodhi Shakya LMC 19 0+518 Patko Left Resident / commerial CGI Sheet 3 Stone /Mud Wall and Plaster by Cement Resident /Commerial 12 No Name LMC 19 Ikhalakhu Left Wall CGI Sheet 2 Stone /Cement Wall and Paster by Cement not in use 13 No Name LMC 19 0+225 Ikhalakhu Left Resident CGI Sheet 4 Stone /Cement Wall and Paster by Cement Resident 14 LMC 11 1+275 Swotha Left Wall CGI Sheet 3 Stone /Mud Wall and Plaster by Mud not in use 15 LMC 11 1+000 Swotha Left Wall CGI Sheet 3 Stone /Mud Wall and Plaster by Mud not in use Chakra Bahil 16 Paknalal Shakya LMC 12 0+500 Chowk-12 Right Resident / commerial CGI Sheet 2 Bricks with mud Commerial 17 Yamal Raj Bhandari LMC 19 0+528 Patko(Kwalkhu)Left Resident / commerial RCC 3 Bricks with mud not in use 18 Temple LMC 5 0+000 Etichowk Left Temple N/A Open RCC with 19 LMC 19 0+468 Patko Left Resident / commerial wood 3 Bricks Community 20 Temple LMC 12 0+525 Haugal Right Temple N/A Open Community 21 Temple LMC 0+850 Swotha Right Temple N/A Open Community 22 Garuda Temple LMC 0+860 Swoth Right Temple N/A Open Community

Appendix 4 45

Appendix 4: Minutes of consultation

46 Appendix 4

Appendix 4 47

48 Appendix 4

Appendix 4 49

50 Appendix 4

Appendix 4 51

52 Appendix 4 Appendix 4 53

54 Appendix 4 Appendix 4 55

56 Appendix 4

Appendix 4 57

58 Appendix 4 Appendix 4 59

60 Appendix 4 Appendix 4 61

62 Appendix 4

Appendix 4 63

64 Appendix 4