Resettlement Planning Document Due Diligence Report Loan Number: 2796 and Grant Number: 0267 NEP April 2013 Nepal: Decentralized Rural Infrastructure and Livelihood Project- Additional Financing Kokhe Ahale and Koya Bhanjyang Slope Stabilization Road Subproject (Part of Dhungagade-Arughat Road), Gorkha Prepared by the Government of Nepal The 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. Government of Nepal Ministry of Federal Affairs and Local Development Office of District Development Committee, Gorkha District Technical Office, Gorkha District Project Office, Gorkha Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF) Detailed Project Report Kokhe Ahale and Koya Bhanjyang Slope Stabilization Subproject (Part of Dhungagade-Arughat Road) Section III: Safeguards Volume 2: Due Diligence Report ( Resettlement) April 2013 TABLE OF CONTENTS 1 INTRODUCTION..................................................................................................................... 1 2 BACKGROUND OF THE SUBPROJECT ............................................................................... 1 3 FINDINGS ............................................................................................................................... 1 3.1 Background of Approved Resettlement Plan ................................................................ 1 3.2 Summary of Losses and Compensation Disbursement Status ..................................... 2 3.3 Life Skill Training ......................................................................................................... 3 3.4 Status of landslide prone zone and further plan of action ............................................. 4 4 SCOPE OF SUBPROJECT IN DRILP-AF .............................................................................. 4 4.1 Completion of Outstanding Activities ............................................................................ 4 5 MONITORING AND REPORTING ARRANGEMENT ............................................................. 5 6 DRILP AF REQUIREMENTS .................................................................................................. 5 7 CONCLUSION AND FURTHER ACTION ............................................................................... 6 APPENDICES.............................................................................................................................. Letter from LDO on DLRCC Formation, Gorkha ....................................................................... Letter from LDO on GRC Formation, Gorkha............................................................................ Letter from LDO on formation of Social Safeguard Desk, Gorkha ............................................. Letter from DDC about Allocation of Deed Transfer Cost, Gorkha ............................................ LIST OF TABLES Table 1: Losses by the Sub-Project ............................................................................................ 2 Table 2 : Compensation Disbursement and Deed Transfer Progress ......................................... 3 Table 3 : Safeguard Requirements............................................................................................. 3 Table 4: Plan for Completion of Resettlement Activities with Estimated Cost ............................. 6 Detail Project Report Section lll: Volume 2 Kokhe-Ahale and Koya Bhanjyang,Gorkha Due Diligence (Resettlement) 1 INTRODUCTION 1. This due diligence report investigates and document the issues associated with Resettlement Plan (RP) implementation of Kokhe-Ahale and Koyabhanjyang slope stabilization subproject the section of Dhungagade-Arughat Road Subproject during Decentralized Rural Infrastructure Livelihood Project (DRILP). It has been prepared by resettlement team of Central Implementation Support Consultant (CISC) lead by Resettlement Advisor in coordination with District Implementation Support Consultant (DISC), District Technical Office (DTO) and District Project Office (DPO) of DRILP-AF. 2. The objective of preparing the due diligence report is to verify progress of Resettlement Plan implementation such as compensation payment, restoration of public and private infrastructure, review the consultation and disclosure process, grievance redress mechanism and restoration of livelihood of the affected person in compliance with ADB’s Safeguard Policy Statement (SPS) 2009, and Government of Nepal (GoN) Land Acquisition Act 1977. It suggests appropriate mitigation measures to address the resettlement issues observed during RP implementation and propose suitable corrective action plan. 2 SUB-PROJECT BACKGROUND 3. Total 38.22 km. long Dhunggade-Arughat road subproject was upgraded from earthen to gravel standard under DRILP.The subproject is located in western development region of Gorkha district; it starts at Dhungagade of Gorkha municipality and ends at Arughat of Aruchanaute VDC and the road passes through 6 VDCs and one municipality .The 6 affected VDCs are Phinam, Taple, Asrang, Baguwa, Masel, Tandrang and Aruchanaute of Gorkha district. The subproject links Prithivi Highway through Gorkha-Abukhaireni feeder road. 4. During DRILP the civil works was carried out for the entire section 38.22 km and road was upgraded up to gravel standard. However the two major landside at Kokhe-Ahale (Ch 7+00 km to 7+95) in Taple VDC and Koyabhanjyang (Ch. 21+100km-21+180 km) in Masel VDC has not been done in DRILP. The first one Kokhe-Ahale landslide is measured with its slope length 360 mtr (top to bottom) and average slope angel 25º degree and has affected 95 mtr of road section. The second, Koyabhanjyang landslide located in Ch. 21+100 measured its slope length 80 mtr (top to bottom) and has affected 55 mtr of road section at bottom and and 30mtr of road section at middle and average slope angel has measured 25-60º. Based on the information of the locals the section of road is sinking down 1-2 meter every monsoon. The landslide is deep seated, complex in nature and still active. The prime factor of slope failure is ground water therefore the principal works required in this landslide is the management of sub surface water These two landslide obstruct the road especially during rainy season. Hence District Development Committee, Gorkha intends to undertake slope stabilization of these two landslides to continuation of traffic throughout the year. 3 FINDINGS 3.1 Approved Resettlement Plan 5. The Resettlement Plan (RP) was prepared by the DDC with support from CISC and approved by ADB on 28 April, 2009 under DRILP. Total 799 households consisting of 5170 family members were directly affected in terms of land loss and other assets due to road construction. Of the total affected households 488 were interviewed and remaining 311 households were absent during RP preparation. Altogether 96 private structures and 4 community structures; 2 community 1 Detail Project Report Section lll: Volume 2 Kokhe-Ahale and Koya Bhanjyang, Gorkha Due Diligence (Resettlement) building, 1 toilet and 1 shrine were permanently lost. After approval of RP the District Development Committee provided compensation to the affected households, transferred the deeds, and implemented the proposed trainings. Of the total affected households compensation was paid only for structure and two below poverty households who has lost more than 10% of total land holding. Apart from of structure and two BPL households all land has been taken through voluntary donation. 6. During the construction no additional loss was identified therefore there is no change in the affected household land plots and other assets to be paid. Likewise, 100 percent compensation has been paid and the mitigation measures proposed in approved resettlement plan have been fully addressed. Therefore due diligence report is prepared to address additional requirement of DRILP-AF instead of updated Resettlement Plan 7. The project land donation criteria were disclosed during socioeconomic survey. The donation was accepted from only those households meeting donation criteria. Except structure and two BPL households all land has been taken through donation. The signing of land donation agreement was witnessed by a third party Tole Sudhar Samitee (NGO), Gorkha to ensure that the donation was unforced. 8. The RP recorded that total 18.96 ha of private land in which 14.11 ha fall in existing track and 4.85 ha of additional land have been acquired for the road construction. Similarly, 96 private and 4 community structures were relocated as per agreed plan. Loss incurred along the alignment is under Table 1. Table 1: Losses by the Sub-Project Nature of Unit Total Remarks Loss Land Loss ha 14.11 Existing track Land Loss ha 4.85 New cutting Land Loss HHs 799 Private No 96 structure Community No 4 structure Source: Resettlement Plan, DRILP, 2009 3.2 Summary of Losses and Compensation Disbursement Status 9. Land: Two households losing more than 10 percent of its total holding were paid NRs 2,95,000 for their land loss. 10. Private Structure: All the households losing structure owners were paid and the structures were reinstated beyond the RoW. 11. Community Structure: All four structures were reinstated at proper places making consensus with local authority. 12. Deed Transfer: At the end of DRILP just 50 households deeds has been transferred out of total 799