Resettlement Planning Document
Project Number: 46268-002 January 2018
IND: Clean Energy Finance Investment Program - Tranche 1
Subproject : 50 MW Wind Power Project at Amba Village, Ratlam district, Madhya Pradesh, (EUL)
Submitted by
Indian Renewable Energy Development Agency, New Delhi
This resettlement due diligence report has been prepared by the Indian Renewable Energy Development Agency, New Delhi for the Asian Development Bank and is made publicly available in accordance with ADB’s Public Communications Policy (2011). It does not necessarily reflect the views of ADB. This resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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.
DUE DILIGENCE REPORT ON SOCIAL SAFEGUARDS
(LOAN 3186 IND: CLEAN ENERGY INVESTMENT PROGRAM)
Subproject: 50 MW Wind Power Project at Amba Village in the Ratlam district of Madhya Pradesh
Subproject Developer: Etesian Urja Limited (EUL) (An SPV formed by IL&FS)
M K MOHANTY, ADB TA, Prepared by Social Safeguard Specialist
RUCHIKA DRALL, Review by Environmental & Social Officer, ESSU, IREDA
KHEKIHO YEPTHO, Head Approved by ESSU & Compliance Officer, IREDA
TABLE OF CONTENT
NO. DESCRIPTION PAGE NO. 1 Introduction 3 2 Subproject Description 3 3 Status of the Subproject 5 4 Scope of Review and Methodology 5 5 Social Safeguard Issues under the Subproject 6 6 Social Safeguard Categorization and Rationale 11 7 Social Safeguard Requirement for the Subproject 12 8 Other Subproject Specific Issues 12 9 Summary Due Diligence Findings 13 10 Conclusion and Recommendations 14
NO. Annexure 1 NOC from Gram Panchayat 2 Sample Sale deed Agreement 3 Social Safeguard Screening Checklist 4 IR Categorization Form 5 IP Categorization Form 6 CSR Details
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
1 ABRIVIATIONS
ADB Asian Development Bank ATS Agreement to Sell COD Commercial Operation Date CSR Corporate Social Responsibility EPC Engineering and Procurement Contractor ESIA Environmental and Social Impact Assessment ESMS Environment and Social Management System EUL Etesian Urja Limited GRC Grievance Redressal Committee IL&FS Infrastructure Leasing & Financial Services Limited IREDA Indian Renewable Energy Development Agency Limited MPPTCL Madhya Pradesh Power Transmission Company Limited MW Mega Watt NOC No Objection Certificate O&M Operation and Maintenance PIAL Prohibited Investment Activities List SPS Safeguard Policy Statement (SPS) 2009 ST Scheduled Tribe WTG Wind Turbine Generator
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
2 SOCIAL SAFEGUARD DUE DILIGENCE REPORT
Subproject: 50 MW Wind Power Project at Amba Village in the Ratlam district of Madhya Pradesh
Developer: Etesian Urja Limited (EUL), an SPV formed by IL&FS
1. Introduction
1. Indian Renewable Energy Development Agency Limited (IREDA) is the single largest renewable energy financier in India and applied for ADB loan to fund as a part of its overall lending portfolio, to private sector renewable energy and energy efficiency subprojects in India, including small scale wind, biomass, small hydro, solar, cogeneration, and energy efficiency.
2. IREDA’s mandate is to minimize the energy sector’s negative environmental impact by promoting cleaner and more environmentally friendly technologies, and thus is committed to avoid and mitigate adverse environmental impacts, if any, resulting from the projects it finances. In order to identify and effectively address potential impacts from projects funded with the ADB line of credit, IREDA has formulated and adopted an Environment and Social Safeguard Unit (ESSU), which is in compliance with Indian national laws and Asian Development Bank (ADB) Safeguard Policy Statement (SPS) 2009. The objective of the ESSU is to guide IREDA’s actions to safeguard against adverse environmental and social impacts for sub-projects using ADB’s funds.
3. Keeping in view the main objective of the ESSU, ADB social safeguard requirements and in confirmation with the national and local policy and legal framework, a social due diligence study has been carried out for the subproject i.e. 50 MW wind power plant at Amba Village in the Ratlam district of Madhya Pradesh being promoted by Etesian Urja Limited (EUL), an SPV formed by Infrastructure Leasing & Financial Services Limited (IL&FS).
2. Subproject Description
4. The proposed project is located in Ratlam district of Madhya Pradesh, and the locations of the windmills spread across two Tehsil – Ratlam and Piploda. The district is well connected by road and rail networks. The nearest site to the administrative capital of the district, Ratlam, is about 10 km and the farthest is locates at about 20 km. The 25 windmills spread across 12 villages – Chandavata, Khedavda, Gudar Kheda, Badoda, Nandleta, Borkheda, Kanchan Khedi, Bodina, Bhainsa Dabar, Khedi, Tajpuriya, and Isarthuni. The areas where the proposed windmills are located are rural areas, and the areas surrounding the windmills are agricultural lands.
5. EUL has contracted Gamesa Renewables to provide turnkey solutions for micro siting, wind resource analysis, supply, erection, commissioning and operation & maintenance of the project WTGs. The project will involve installation of 25 numbers of WTGs of Gamesa Make G114/2 MW each WTG, totaling to a capacity of 50 MW. The map of the project site with WTG locations is provided in Figure 1.
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
3
Figure: 1 Project Site Map
6. The power generated from the WTGs will be pooled into the 33kV/220kV Pooling Substation, constructed by Gamesa at Amba Village, Ratlam District, Madhya Pradesh. The electricity generated from the 33kV/220kV pooling station would then be transferred to the Madhya Pradesh Power Transmission Company Limited (MPPTCL) substation at Nagra, Ratlam District. This transfer of the pooled electricity from Amba to Negra would be done through the 220 kV transmission lines.
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
4 7. M/s Kshema Power and Infrastructure Company Pvt. Ltd., sub-contractor of Etesian Urja Limited, acting as land aggregators for the project was responsible for procuring land through willing buyer-willing seller basis after paying the proper market value to the original landowner. Land purchasing and registration process has been completed by administering Agreement to Sale (ATS) by the original landowners.
8. The power generated from the wind farm shall be transmitted to state govt. sub-station situated at Negra village for which EUL has signed a power purchase agreement with Madhya Pradesh Power Transmission Company Limited (MPPTCL) at wind preferential Tariff.
9. The project requirement in terms of various components and activities involves the following:
• Procurement/direct purchasing of land through Land aggregator; • Installation of 25 wind turbines with a unit generating capacity of 2 MW each, totaling a generation capacity of 50 MW; • Electrical connection with feeder underground cable from the turbines, to the distribution transformers and a connection to the substation; • Construction of access roads and internal roads; • Power evacuation at 220/400 kV Amba pooling station.
3. Subproject Status
10. As on 31st April 2017, the status of project implementation is as follows:
• Wind Resource Assessment completed; • Micro-siting has been completed; • Procurement of land for all components are fully completed; • Demarcations and pathway finalization completed; • Soil testing completed for all the site purchased; • Pooling Substation and zero point storage yard completed; • Approach and internal roads completed to WTG clusters and clusters to individual WTGs; • All 25 WTGs towers erected stringing completed; • Site office of EUL established and Project staff mobilization completed; • Project is already commissioned.
4. Scope of Review and Methodology
11. This social due diligence report is prepared based on review of various subproject documents, consultation with developers, field staff and on site observation. The documents reviewed for the subproject includes Environmental and Social Impact Assessment (ESIA) Report and Inception Report, Sale deed for land purchase and NOC from Village Panchayats etc. Site visit conducted initially during May-2017 and consulted with the field staff of Project Developer.
12. The ESIA study for the proposed subproject has been conducted as per applicable national regulations in India. The study includes collection and collation of baseline environmental and socio-economic information of the study area, assessment of potential
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
5 project level environmental and social impacts and development of project specific mitigation and management plans.
5. Social Safeguard Issues under the Subproject
13. The social safeguard issues identified through the social due diligence process is discussed in the following section.
5.1 Land Requirement under the Subproject
14. The land requirement for the subproject was for tower locations, approach roads and pooling station. Total land requirement for the purpose was 147.05 acres. The land requirements for various locations are presented in the Table: 1 below.
Table 1: Land Requirement for the Subproject Location S. F. Sale deed S.N. Village Tehsil Land Owner Name Buyer No. No. in Hec Satyanarayan s/o 0.75 Unkardas Bairagi Karudas s/o Unkardas
Bairagi Krishnadas s/o Unkardas
Bairagi Smt. Kailashbai D/O
Unkardas Bairagi Smt. Rajubai D/O
Unkardas Bairagi Smt. Meerabai D/O
Unkardas Bairagi Smt. Ratanbai D/O
Unkardas Bairagi Smt. Leelabai D/O 168/1 Unkardas Bairagi Shantidas s/o Jugaldas
GA/114- Bairagi 1 Bodina Ratlam Kshema 392 Smt. Kalabai W/O
Jugaldas Bairagi Prakashdas s/o Gulabdas
Bairagi Smt. Sunderbai W/O
Gulabdas Bairagi Sanjaydas s/o
Radheshyam Bairagi Ms Seema D/O
Radheshyam Bairagi Smt. Shyamabai W/O
Radheshyam 169/4/ Manohar s/o Bhanwar 0.09 1 singh Rasjput 169/3/ Bhagwansingh s/o 0.08 2 Ratansingh 169/3/ Narayan s/o Ratansingh 0.12 1
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6 Location S. F. Sale deed S.N. Village Tehsil Land Owner Name Buyer No. No. in Hec 169/3/ Rajendrasingh s/o 0.07 3 Ratansingh Fulsingh s/o Mehtabsingh 0.32 169/2 Smt. Bharatkunwar w/o
Mehtabsingh 1.43 Gajendra s/o Manohar 2/2/2 0.6 singh GA/114- Rajsingh s/o Gurugovind 2 Isarthuni Ratlam 2/2/1 Kshema 1.05 551 N singh 1.65 Smt. Gangabai w/o 30/2 1 Nandram 13/14/ Ratansingh s/o Shankarlal 0.27 2 13/14/ Bhanwarsingh s/o 0.27 GA/114- 1 Badarsingh 3 Isarthuni Ratlam Kshema 420 N S Kalu singh s/o Badar
singh Smt. Gattubai D/O Badar
singh Smt. Kausalyabai w/o 1.54 Vadar singh Jagdish s/o Nandram 1.5 Kulambi Ratanlal s/o Nandram
Kulambi GA/114- Smt. Shantibai d/o 4 Dhamnod Ratlam 600 Kshema 550 N Nandram Smt. Geetabai w/o
Nandram Nahar singh s/o Mulsingh 1.5 Ramchandra s/o 97/1 0.44 Devchandra Kulambi Dinesh s/o Devchandra
Kulambi Smt. Shivkanya w/o GA/114- Kshema 5 Dhamnod Ratlam Devchandra 418 Shankarlal S/o Makniram 97/2 0.3 Kulambi Vardichandra s/o 97/3 0.89 Shobharam 1.63 Smt. Manjula devi w/o 129/3 Kshema 0.62 Shashiranjan GA/114- Smt. Lalitadevi w/o Dilip 6 Tajpuria Ratlam 129/6 0.85 419 N1 Kothari 1.47 GA/114- Munnalal s/o Bagdiram Kshema 1.55 7 Isarthuni Ratlam 13/25 661 N S
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
7 Location S. F. Sale deed S.N. Village Tehsil Land Owner Name Buyer No. No. in Hec 1.55 Mangilal s/o Veniram 398/1 Kshema 1.55 Kulambi GA/114- Smt. Ramkunwar W/O 8 Dhamnod Ratlam 508 N Mangilal 1.55 Dhulji s/o Ratanlal 86 0.4 Kulambi Prabhu s/o Ratanlal
Kulambi Smt. Kasturabai D/O
Ratanlal Smt. Kalabai D/O
Ratanlal Smt. Shardabai D/O
Ratanlal Smt. Dhapubai D/O
Ratanlal Kshema GA/114- Kushalgar Smt. Nandibai D/O 9 Piploda 665 h Ratanlal Mangilal s/o Bagdiram 87 0.677 Kulambi Suresh s/o Balaram 88 0.523 Kulambi Dinesh s/o Balaram
Kulambi Smt. Jamnabai D/O
Balaram Kulambi Smt. Leelabai W/O
Balaram Kulambi 1.6 Ramprasad s/o 619/4 Kshema 0.95 Shivnarayan GA/114- 10 Dhamnod Ratlam 619/6 Dayaram s/o Kanhaiyalal 0.63 553
1.58 809 Smt. Sitabai w/o Samrath Kshema 0.25 GA/114- Gudarkhe 812 Radheshyam s/o Ratanlal 0.06 11 Piploda 542 da 824/1 1.28 1.59 Smt. Roopkunwer W/O GAK/114- 4/1 Kshema 1.500 12 Isarthuni Ratlam Mandatar Sinh 678 1.500 Manuraj S/O Nilesh Kumar Jhalani GAK/114- Premraj S/O Nilesh 13 Dhamnod Ratlam 472/3 Kshema 1.500 672 N Kumar Jhalani Devraj S/O Naresh Kumar Jhalani
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
8 Location S. F. Sale deed S.N. Village Tehsil Land Owner Name Buyer No. No. in Hec 1.500 Smt. Ratanbai D/O 19/1 Ramuji, W/O Rugnathji 0.850 Dhakad GAK/114- Lalchand S/O Rugnathji 14 Isarthuni Ratlam 19/4 Kshema 0.400 677 Dhakad Smt. Mohanbai W/O 19/6 0.300 Gopalji Dhakad 1.550 Shri Ishwerlal S/O 76 Kshema 0.160 Bagdiram ji Kulmbi Shri Vishnu S/O Omkarlal GAK/114- 77 1.100 15 413 N2 Hatnara Piploda ji Kulmbi Farid Khan S/O Rahim S2 138 0.240 Khan 1.500 110/1/ Jitendra S/O Raghunath Kshema 1.07 1 Verma GAK/114- 110/1/ Pukhraj S/O Jitendra 16 Tajpuriya Ratlam 0.45 699 S 2 Verma 1.520 Smt. Dhapubai W/O 60 Kshema 1.38 GAK/114- Kamlakhe Mannalal Kulambi 17 Piploda 478 N1 da 61 Babulal S/O Balmukund 0.3 1.680 803/1/ Banshilal S/O Vishram ji 0.708 1 803/1/ GAK/114- Ratanlal S/O Lachchhiram Kshema 0.576 18 Dhamnod Ratlam 2 687 803/1/ Babulal S/O Vishram ji 0.24 3 1.524 Smt. Kalabai W/O GAK/114- Chandaw 298 Kshema 1.65 19 Piploda Bherulal Mali 685 S ata 1.650 Bhagwan puri S/O 782 1 Shankar puri GAK/114- Smt. Ramkunnwar W/O 20 Badoda Piploda 783/3 Kshema 0.5 712 N Gopal singh 1.500 1881 Smt. Savita W/O Charan 0.66 1890 singh Kshema 0.3 GAK-114- 21 Borkheda Piploda Smt. Sajjanbai W/O 702N 1882 0.59 Motilal Jat 1.550 Shankarlal S/O GAK-114- 40 Kshema 1.55 22 Hatnara Piploda Shobharam 559N1 1.550
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
9 Location S. F. Sale deed S.N. Village Tehsil Land Owner Name Buyer No. No. in Hec Shivraj S/O Gopalsingh Kshema GA/114- Bhaisada 79/2 1.5 23 Ratlam Bharat S/O Gopalsingh 238 bar 1.550 Bagdiram S/O Devram GAK/114- 1648 Kshema 1.5 24 Borkheda Piploda Kulambi 740 N1 S 1.500 Bapulal S/O 243 1.5 GAK/114- Laxminarayan 25 Rakoda Piploda 729 N 1.500
15. As mentioned earlier, the developer has directly purchased the land required for the subproject from the landowners on willing seller - willing buyer basis. The land was purchased from 85 landowners in 13 villages. The developer has obtained the NOC from Gram Panchayat of the villages from where land is purchased to establish the plant and the copy of this NOC is provided in Annexure 1. The sample sale deed agreement administered for land purchasing is attached in Annexure 2. Based on the assessment of sale deed agreements, it is confirmed that the land has been purchased from the owners directly clarifying the purpose of purchase and the land register has verified and certified that the land is encumbrance free and without any kind of litigation.
16. The associated facility i.e. transmission line from polling station to State Government owned 220/400 kV Negra sub-station has been laid by MPPTCL. The MPPTCL has laid the line in compliance with Indian laws and as per the provision under Indian Telegraph Act, 1885 and Electricity Act 2003 by paying compensation for temporary damage for assets including crops and trees. The Indian Telegraph Act, 1885 and the Electricity Act, 2003 give the transmission and distribution utilities the authority to place towers, poles and lines on any land as required. However, Section 10 (b) of the Indian Telegraph Act, 1885, clearly states that land for the lines and poles (towers) will not be acquired. Further, Section 67 (3) and 68 (5) of the Electricity Act, 2003 require the utilities to minimize damage to property in carrying out their works, and to pay full compensation to all persons interested for any damage sustained by them due to the works carried out.
5.2 Involuntary Resettlement Issues under the Subproject
17. Since there is no compulsory land acquisition involved in the subproject as the land is directly purchased from the landowners on willing buyer – willing seller basis, there does not arise any issue of involuntary resettlement. The landowners have directly sold their land to the developer and the lands are either barren or low-productive agricultural land. During the land identification and purchase process attention has been paid to avoid purchasing of land from small and marginal farmer. Thus the landowners have only sold part of their land and not suffered any major livelihood loss. During the site visit it was observed that the land percales purchased for the subproject are away from the settlement area and therefore does not occurred any physical displacement.
5.3 Indigenous Peoples Issues under the Subproject
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
10 18. According to the Census of India 2011 statistics, Scheduled Tribe (ST) population of Ratlam district is below 4.75%. It is confirmed from the census information that no indigenous people are present in the subproject-affected villages and none of the land purchased for the subproject belongs to the ST community. Hence, there is no issue of indigenous people has been identified under the subproject. The project outcome is not directly benefiting the ST community as the power generated from the plat will be connected to transmission grid only and does not have any role in distribution system. However, at larger level, the power generation will definitely strengthen the power supply system of the area as a whole and hence indirectly benefit all communities including ST in the area.
6. Social Safeguard Categorization and Rationale
19. On the basis of the review of project information and site observation, the Social Safeguard Screening Checklist (refer Annexure 3) was completed as per the requirement set forth in IREDA’s Environmental and Social management System (ESSU). Based on the social safeguard checklist, it was established that the subproject is categorized as “Category-C” from both Involuntary Resettlement and Indigenous Peoples safeguard point of view. The Involuntary Resettlement Categorization form and the Indigenous Peoples Categorization form are attached in Annexure 4 and Annexure 5.
20. The rationale behind the social safeguard categorization as “C” i.e. the subproject does not require any further specific actions so far as he social safeguard point of view is because the subproject does not involve any involuntary acquisition of private land and does not have any impacts on people including indigenous community. The photograph of the subproject site is presented below in Figure-2.
Figure-2: Photograph of the Subproject Site
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
11 7. Social Safeguard Requirement for the Subproject
21. As per the Environmental and Social Management System (ESMS) adopted by IREDA, followings are the generic social safeguard requirements for a subproject to qualify for financing under ADB lines of credit:
• The subproject is not among the Prohibited Investment Activities List (PIAL) of the ADB Safeguard Policy Statement (SPS) 2009. • The subproject with potential significant social impacts are complies with Safeguard Requirements of the ADB Safeguard Policy Statement (2009). • The subproject complies with the national laws, regulations, and related to involuntary resettlement, land acquisition, indigenous peoples/ scheduled tribes and management of physical cultural resources. • The subproject addresses the gender and development issues and needs of disadvantaged and vulnerable groups. • The subproject's contracts with civil works contractors, subcontractors and other providers of goods and services ensure provisions to employ local labour, whenever possible, and ensure compliance with ADB's social protection requirements.
22. Keeping in view the subproject context, the specific social safeguard requirements includes the following:
• Carry out social impact assessment for the subproject • Carry out consultation with local community • Engage an independent external party to validate and document the negotiation and land purchase process • Make a gender assessment • Disclosure of the social impact assessment and social management plan • Establish grievance redress mechanism
8. Other Subproject Specific Issues
23. The other specific social issues like consultation and disclosure, grievance redress mechanism, employment opportunity from the subproject and corporate social responsibility etc. discussed in the following section.
8.1 Public Consultation under the Subproject
24. Although no formal consultation meetings and its outcome are documented in the ESIA report, during various stages of subproject preparation, the developer has consulted local people. The project developer has informed the villagers about the project during very inception stage. The developer has consulted the local Panchayat while obtaining NOC for establishment of the project. Further during the land purchasing process farmers were consulted regarding their willingness to sell, consent to sell, rate negotiation etc. During the due diligence study also consulted with farmers and confirmed that there was no such concern or issue raised by them.
8.2 Grievance Redress Mechanism for the Subproject
25. The subproject as such does not have established any grievance redress mechanism. However, a complain register at the site office was found during the site visit. During the due
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
12 diligence visit it was informed by the project officials that there was no complain by the local community regarding the project during planning and implementation of the Project. This was observed during the consultation with local people as well.
8.3 Employment Opportunity from the Subproject
26. The subproject has created employment opportunities for local people and utilizing local resources in terms of employment of local laborers, hiring machines and manpower for transportation of materials and equipment during construction. Mostly local unskilled laborers engaged during construction were local people. At present, the operation and maintenance service team has engaged 10 local laborers and the security service contractor have engages villagers and another 3 local persons.
8.4 Community Development Initiatives by the Subproject
27. The subproject has created employment opportunities for local people and utilizing local resources in terms of employment of local laborers, hiring machines and manpower for transportation of materials and equipment during construction. During the site visit it was observed that local peoples are trained and engaged as security guards in the plant.
28. The contractor (Gamesha) is already implementing some of the community development initiatives through its corporate social responsibility (CSR) activities as listed below. The details of its CSR activities and future action plan is presented in Annexure 6.
• Academic Excellence Scholarship Programs • Sports for Development • Employee Volunteering Sensitizing campaigns • Gram Aarogya Project Health Camps • Vocational Training • Wood recycling Unit
9. Summary Due Diligence Findings
29. Based on the subproject assessment, the summary social safeguard due diligence findings are listed below:
• It is assessed and confirmed that the subproject is not among the Prohibited Investment Activities List (PIAL) of the ADB Safeguard Policy Statement (SPS) 2009 • The subproject does not involve involuntary land acquisition and resettlement issue as the land required for the subproject were directly purchased from the landowners on willing seller willing buyer basis. Hence, the safeguard requirement-2 regarding involuntary resettlement of the ADB SPS-2009 does not apply to the Project. • It is confirmed that the subproject complies with the national laws, regulations related to land acquisition, scheduled tribes and management of physical cultural resources. • Social impact assessment has been carried out under the subproject but it does not specifically address the issues as per ADB requirement like gender and vulnerable groups. However, it is assessed that no such issues arises under the Project. • No formal public consultation has been carried out for the subproject and the social assessment report has not disclosed formally to the communities. However, during
SDD Report Prepared by M K MOHANTY - ADB TA Social Safeguards Specialist
13 the due diligence study it was confirmed that informal consultation has taken place throughout the project planning and implementation phase. • There does not have any specific grievance redress mechanism established under the subproject except placing a complain register at site office. However, during the due diligence visit it was informed by the project officials and during the consultation with farmers, that there was no complain by the local community regarding the project during planning and implementation of the Project.
30. During the due diligence visit on 20 December 2017, 11 numbers of landowners including their legal hire were consulted at subproject site. The participants attended during the consultation meeting had confirmed that the land purchase process was very much transparent and they had bargained freely and got a good deal in comparison to the prevailing market price of the type of land they sold to the developer. The summary consultation findings and list of participants are presented in the Table: 2 below and the photographs are presented in the Figure: 3.
Table: 2 Summary Consultation Findings and list of Participants
Sl. Name of Village Summary Findings No. Participants 1 Ramprasad Patidar Dhamnod • During land survey, the contractor informed 2 Vasudev Patidar Dhamnod about the purpose of survey and project 3 Shyamlal Patidar Dhamnod requirement 4 Sanjay Patidar Dhamnod • The contractor has directly approached the 5 Rajesh Patidar Dhamnod farmers and start negotiating for the land. 6 Jagdish Nandram Dhamnod • During the negotiation process the farmers 7 Munnalal Isartuniya had a fair chance of bargaining. 8 Ramchandra patidar Dhamnod • They got a good price in comparison to the 9 Mukesh Patidar Hatnara prevailing market price 10 Badrilal Patidar Hatnara • All the farmers have additional land with them 11 Maharata Singh Ayana • The farmers have utilized the money for their Rathore loan repayment, house construction, and investment in new business or maintaining a part of it as fixed deposit in the bank.
Figure-3: Consultation with Landowners at Subproject Site
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14 10. Conclusion and Recommendations
31. The social due diligence study of the subproject reveals that there will not be any adverse social impact due to the intervention. The subproject is categorized as Category "C" form both involuntary resettlement and indigenous peoples point of view. The private land required for the subproject is directly purchased from landowners by paying market value to the landowners and no compulsory acquisition of land occurs in the subproject, therefore no involuntary resettlement occurs.
32. As per the ESMS requirement, no further action including resettlement planning, livelihood planning or indigenous peoples planning is required for the subproject. However, the developer require continue to engage the local villagers throughout the operation period and carry out CSR activities in the area.
33. Based on the findings of due diligence study the subproject is recommended for funding under the proposed project using ADB line of credit. IREDA will ensure compliance of ESSU and carry out periodic monitoring of the social safeguard issue and report to ADB as agreed in the ESMS.
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15 Annexure-4 NOC from Gram Panchayat
SOCIAL SAFEGUARDS SCREENING CHECKLIST
Subproject: 50 MW Wind Power Project at Amba in Ratlam District of Madhya Pradesh
I. Involuntary Resettlement Impact Checklist
Probable Involuntary Resettlement Effects Not Yes No Remarks Known Involuntary Acquisition of Land √ This is not an involuntary acquisition of land. Private land 1. Will there be land acquisition? are directly purchased from landowners on willing buyer – willing seller basis. √ Yes it is in Amba,Gudar Kheda, Borkheda, Tajpuriya, Dhamnod, 2. Is the site for land acquisition known? Kamlakheda, Hatrana and
Isarthuni in Ratlam District in Madhya Pradesh 3. Is the ownership status and current usage of land to √ Privately owned land be acquired known? 4. Will easement be utilized within an existing Right of √ Way (ROW)?
5. Will there be loss of shelter and residential land due √ to land acquisition?
6. Will there be loss of agricultural and other productive √ The land are low productive land assets due to land acquisition?
7. Will there be losses of crops, trees, and fixed assets √ due to land acquisition?
8. Will there be loss of businesses or enterprises due to √ land acquisition?
9. Will there be loss of income sources and means of √ livelihoods due to land acquisition?
Involuntary restrictions on land use or on access to legally designated parks and protected areas
10. Will people lose access to natural resources, √ communal facilities and services?
11. If land use is changed, will it have an adverse √ impact on social and economic activities?
12. Will access to land and resources owned √ communally or by the state be restricted?
Information on Displaced Persons: Any estimate of the likely number of persons that will be displaced by the Subproject? [√ ] No [ ] Yes
If yes, approximately how many? ______
Are any of them poor, female-heads of households, or vulnerable to poverty risks? [√] No [ ] Yes
Are any displaced persons from indigenous or ethnic minority groups? [√ ] No [ ] Yes
2. Indigenous Peoples Impact Screening Checklist
KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column)
Indigenous Peoples Identification 1. Are there socio-cultural groups present in or use √ the subproject area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the subproject area? 2. Are there national or local laws or policies as Not Applicable well as anthropological researches/studies that consider these groups present in or using the subproject area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities? 3. Do such groups self-identify as being part of a Not Applicable distinct social and cultural group? 4. Do such groups maintain collective attachments Not Applicable to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, economic, Not Applicable social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language or Not Applicable dialect? 7. Has such groups been historically, socially and Not Applicable economically marginalized, disempowered, excluded, and/or discriminated against? 8. Are such groups represented as "Indigenous Not Applicable Peoples" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decision- making bodies at the national or local levels? B. Identification of Potential Impacts
9. Will the subproject directly or indirectly benefit or Not Applicable target Indigenous Peoples? 10. Will the subproject directly or indirectly affect √ Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance) 11. Will the subproject affect the livelihood systems √ of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status)
KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column) 12. Will the subproject be in an area (land or √ territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain?
C. Identification of Special Requirements
Will the subproject activities include: 13. Commercial development of the cultural √ resources and knowledge of Indigenous Peoples? 14. Physical displacement from traditional or √ customary lands? 15. Commercial development of natural resources √ (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples? 16. Establishing legal recognition of rights to lands √ and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples ? 17. Acquisition of lands that are traditionally owned √ or customarily used, occupied or claimed by indigenous peoples ?
D. Anticipated subproject impacts on Indigenous Peoples
Subproject component/ Anticipated positive effect Anticipated negative effect activity/ output 1. Establishment of Wind Power Plant Indirect only as it is power none generation only and not related to distribution system. 2. Land requirement none No IP community land involved and affected.
INVOLUNTARY RESETTLEMENT (IR) CATEGORIZATION FORM
A. Instructions The project team completes and submits this form to the Environment and Social Safeguard Unit (ESSU) for endorsement and for approval by the Chief Compliance Officer (CCO). The classification of a project is a continuing process. If there is a change in the project components or/and site that may result in category change, the concerned unit must submit a new form and requests for re- categorization, and endorsement by ESSU. The old form is attached for reference. The project team indicates if the project requires broad community support (BCS) of tribal peoples communities. BCS is required when project activities involve (a) commercial development of the cultural resources and knowledge of indigenous peoples, (b) physical displacement from traditional or customary lands; and (c) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual use that define the identity and community of indigenous peoples. B. Project Data Borrower: Etesian Urja Limited Financing Amount: Technology: Address/Contact: Wind Turbine Generators Etesian Urja Limited The ILFS Financial centre Plot C-22, G Block, Bandra Kurla Complex Bandra east, Mumbai-400051 C. Subject Environment ⌧ Involuntary Resettlement Indigenous People C. Categorization New Re-categorization ― Previous Category Category A Category B ⌧ Category C D. Basis for Categorization/ Re-categorization (pls. attach documents): [ √ ] Checklist and Type of Check List: Involuntary Resettlement Screening [ ] Project and/or Site Description: ______[ ] Other (e.g., due diligence): ______E. Comments Technical Team ESSU Comments No involuntary land acquisition for the plant. The developer purchased Private land directly from landowners by paying negotiated market value on willing seller- willing buyer basis. No involuntary resettlement arises in the project. F. Approval Proposed by: Endorsed by:
Technical Team Leader Head, ESSU Date: Date: Endorsed by: ADB Approved by (Optional): Concurrence
Director of Technical Compliance Officer (if different)
Date: Date:
INDIGENOUS PEOPLES CATEGORIZATION FORM A. Instructions The project team completes and submits this form to the Environment and Social Safeguard Unit (ESSU) for endorsement and for approval by the Chief Compliance Officer (CCO). The classification of a project is a continuing process. If there is a change in the project components or/and site that may result in category change, the concerned unit must submit a new form and requests for re- categorization, and endorsement by ESSU. The old form is attached for reference. The project team indicates if the project requires broad community support (BCS) of tribal peoples communities. BCS is required when project activities involve (a) commercial development of the cultural resources and knowledge of indigenous peoples, (b) physical displacement from traditional or customary lands; and (c) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual use that define the identity and community of indigenous peoples. B. Project Data Borrower: Etesian Urja Limited Financing Amount:
Technology: Address/Contact: Wind Turbine generators Etesian Urja Limited The ILFS Financial centre Plot C-22, G Block, Bandra Kurla Complex Bandra east, Mumbai-400051 C. Subject Environment Involuntary Resettlement ⌧ Indigenous (Tribal) People C. Categorization
⌧ New Re-categorization ― Previous Category