Corrective Action Plan

Corrective Action Plan (Up-Gradation, Widening & Improvement of National Highway N-70 from Qila Saifullah to Loralai and to Waigum Rud and National Highway N-50 from Zhob to Mughal Kot) (August 2019)

PAK: National Highway Network Development in Project N-70 (Qila Saifullah to Loralai to Waigum Rud) N-50 (Zhob to Killi Khudae Nazar to Mughal Kot)

Prepared by National Highways Authority for the Asian Development Bank.

NOTES (i) The fiscal year (FY) of the Government of the Islamic Republic of and its agencies ends on 30 June.

(ii) In this report, "$" refers to US dollars.

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

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

National Highway Authority (NHA) Government of Pakistan

(ADB Loan 3134-PAK) National Highway Network Development in Balochistan Project

Widening and Improvement Project Of N-70 Road Qila Saifullah-Loralai-Waigum Rud Section (120 km) And Zhob Mughal Kot N-50 (81 km)

Corrective Action Plan (CAP)

August 2019

Prepared by

National Highway Authority (NHA) Ministry of Communications, Government of Pakistan

Corrective Action Plan (CAP) National Highway Authority Pakistan

TABLE OF CONTENTS

A. PROJECT BACKGROUND/ DESCRIPTION ...... 3 B. INTRODUCTION AND OBJECTIVES OF THE CAP ...... 5 C. SCOPE OF LAND ACQUISITION AND IMPACT ...... 5 D. LEGAL FRAMEWORK AND ENTITLEMENTS...... 10 E. INFORMATION DISCLOSURE AND CONSULTATION ...... 13 F. BUDGET…………………………………………………………………………………………..13 G. INSTITUTIONAL ARRANGEMENTS FOR THE IMPLEMENTATION OF CAP ...... 15 G.1 Land Acquisition and Resettlement Unit (LARU) at Project Level ...... 15 G.2 Grievance Redress Mechanism...... 16 G.3 Compensation Disbursement Procedure...... 17 H. IMPLEMENTATION SCHEDULE ...... 17 I. MONITORING AND EVALUATION ...... 19 I 1 Monitoring...... 19 I 2 Reporting...... 19 ANNEXURES Annex I……………… ……………………………………………………………………………….. 20 Annex II …………………………………………………………………………………………………22 Annex III …………………………………………………………………………………………………23

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Corrective Action Plan (CAP) National Highway Authority Pakistan

A. PROJECT BACKGROUND/ DESCRIPTION

1. The Government of Pakistan, with ADB financial support, is rehabilitating and improving Qila Saifullah-Loralai-Waigum Rud Section of N-70 and Zhob – Mughal Kot N-50 roads as two lanes 7.3 meters carriageway with 2.5 meters shoulders on each side. As per design the total pavement width of the road is 13.3 meters (44 ft). The National Highway Authority (NHA) is the Executing Agency (EA) for the project. The Project is rehabilitating and improving this section of the national highway to provide a dependable road transport network to promote interprovincial connectivity, reduce transportation time to economize the costs, provide all weather roads to the community and improve the pace of development in the area. 2. The Project road N-70 traverses two districts i.e Qila Saifullah and Loralai and N-50 through Zhob and Sherani Districts of Balochistan. The project aims to boost economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the project will be triggered off due to improved accessibility to markets, health facilities, schools, workplace, etc. which will increase the income of the locals and elevate their standard of living. 3. The entire project road in District Qila Saifullah area traverses through barren hilly tract and rolling landscape with no settlements along the road corridor while in District Lorali the landscape is mostly even plain with scattered settlements and agricultural land along the road. The google imagery of the project is as under. Location map of the N-70 project road

4. In Qila Saifullah District the N-70 project road traverses through barren hilly tract and, rolling landscape with very scarce population while in the road traverses through the agricultural area with scattered settlement along the road. The major portion of N-50 project road is in the Baluchistan Province with a small portion in Province. The project road section starts outside the city premises of in Baluchistan and terminates at the Mughalkot in Khyber Pakhtunkhwa measuring about 81 km. Of which, 72 km is in Districts Zhob and Shirani of Balochistan province and remaining 9 km is in the uninhabited steep hilly region of Federally Administered Tribal Area (FATA) with District Dera Ismail Khan in Khyber Pakhtunkhwa (KPK). As communicated to NHA by Secretary Balochistan Board of Revenue on 2 November

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Corrective Action Plan (CAP) National Highway Authority Pakistan

1995, the right-of-way (ROW) of the project road is 110 feet (33.5 meters) in city areas and 220 feet (67 meters) in the rural areas. Prior to the start of the project, NHA followed-up with the concerned local revenue authorities and held two consecutive meetings (May, 2013 and August 2013) with the board of revenue (BOR) and the Commissioner Zhob Division (Divisional head of Land Revenue Department) to clarify/confirm the availability of ROW limits and its clearance for project execution. The area where both the project road sections are located fall in the jurisdiction of Zhob Division and Commissioner Zhob is the ultimate Revenue authority responsible for land acquisition for public interest projects. The Commissioner at that time confirmed NHA that the ROW as per decision of Government will be provided to NHA by local revenue authorities and NHA was required to pay compensation for structures, trees and crops within encroached upon ROW limits. The location map of N-50 project is as under: Location map of the N-50 project road

5. As per design, the pavement width of the improved road is 13.3 meters (44 feet). However, during construction activity while keeping traffic in operation temporary diversions were required on both sides of the road. Keeping in view the requirement for uninterrupted traffic flow during construction, the Corridor of Impact (COI) for resettlement purposes was identified as 66 feet (i.e. 33 feet on each side of centre-line of the existing carriage way). Based on the information provided by the revenue authorities regarding the ROW of NHA, it was assessed that the works will not need to acquire land. The project was categorized as Category B since there was no one to be physically displaced from housing or lose 10% or more of his productive asset. 6. A resettlement plan to cover the compensation for affected structures and improvements within the COI was prepared for the N70 and N50 highways. Displaced persons (DPs) were paid compensation for damages done to pprivately-owned assets like structures and trees (both fruit and non-fruit) within the COI. A joint survey with NHA design team and local revenue staff was conducted to determine the COI limits and identify the impacted structures/assets and DPs. The COI clearance impacted 265 DPs in N-70 and 49 DPs in N-50 project with partial loss of their structures and trees (fruit and non-fruit). A due diligence review was also done to identify the road sections with and without LAR impacts to seek approval of ADB to allow construction in the LAR free areas. All the DPs identified as part of the RPs have been compensated and reported through quarterly internal monitoring reports (IMRs). There are no pending payments of structures and other improvements in both N70 and N50 highways.

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Corrective Action Plan (CAP) National Highway Authority Pakistan

B. INTRODUCTION AND OBJECTIVES OF THE CAP 7. In one of the sections on N-70 highway, a complaint was logged with ADB. The complainant claimed that civil works from RD 80+400 to RD 82+725 under Lot II of N-70 Lot II of the Project NHA claimed that as per the NHA Act, the ROW for national highways is 110 ft in urban areas and 220 ft in the rural areas which belongs to NHA and therefore the DP is not eligible for compensation for loss of land. ADB suspended the construction work on the 2.5 km section along the complaint’s land until the issue on the ROW-limit has been clarified. NHA filed an application with the High Court of Balochistan to resolve the ROW issue on this section of the road. On 15 November 2019, the Balochistan High Court ruled that the letters and minutes of meeting of SMBR confirming that the ROW limit of 110 ft in urban areas and 220 ft in rural areas have no legal value. Since the district revenue record still show ROW limit ranging from 22 ft. to 88 ft., the Balochistan High Court directed NHA to approach the Collector/Deputy Commissioner Loralai to initiate land acquisition process and compensate the landowners whose land has been affected due to the construction of road by NHA. (Court decision attached as Annex I). The NHA appealed the decision of the Balochistan High Court before the Supreme Court of Pakistan by filing Constitutional Petition for Leave to Appeal (CPLA) to exhaust all legal options available to NHA in clarifying the ROW issue. The CPLA is pending before the Supreme Court of Pakistan. As soon as the Supreme Court decision is announced, appropriate actions will be undertaken by NHA. 8. If the Supreme Court upholds the ruling of the Balochistan High Court on the ROW of 22 ft to 88 ft in some sections of N-70, there is a need for NHA to compensate landowners who may have been affected by the civil works under the project. ADB required NHA to prepare a corrective action plan (CAP) that includes conducting additional title search, cadastral mapping and valuation for all other parcels that may have been affected by the project and pay compensation to all households with legal title to land through the mandated agency (Revenue Department) and to ensure that no additional displacement takes place prior to compensations being fully paid. This CAP covers the acquisition of land in certain road sections for the rehabilitation and upgrading of N70 and N50 highways under the National Highway Network Development in Balochistan Project.

9. The objective of this CAP is to ensure that compensation paid to DPs losing land fully complies with ADB’s Safeguards Policy Statement (SPS, 2009) and Government requirements. This CAP is a safeguards document (as understood in the context of the ADB SPS) and has the same status and standing as a resettlement plan (RP). This CAP is to be considered as an addendum to the approved resettlement plans with policies, principles and entitlements to apply as set out in the respective resettlement plans.

10. The draft CAP is being prepared for approval and concurrence of ADB. If the Supreme Court upholds the decision of Balochistan High Court regarding the reduced ROW limit, this CAP will be updated following the notification of Section 4 of the LAA, detailed measurement surveys, consultations, and valuation and will be submitted before the ADB for approval and concurrence.

C. SCOPE OF LAND ACQUISITION AND IMPACT

11. The civil works for N-70 is divided into two sections: Lot-1 is from RD 0+000 to RD 67+900 (before entering into Loralai city) while Lot-2 starts after crossing Loralai city at RD 78+500 to RD 128+375 with a cumulative length of 120 km. The available ROW limit in N-70 as per revenue record as obtained by NHA from the revenue department is 110 ft in Lot-1 and 22 to 44 ft in Lot-2. Most of the land along the road alignment in Lot-1 of N-70 is barren, while Lot-2 comprises mostly hilly terrain. The mouza-wise detail of the ROW limit in Lot-1 and Lot-2 of N-70 as per revenue record are given in the tables below.

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Corrective Action Plan (CAP) National Highway Authority Pakistan

. Table 1: RD-wise Status of ROW for N70 Lot 1 S.No Name of Chainage Available CW Affected Private Land* Mouza/Village ROW as Limit By Civil Works By 110 ft ROW per District Length in ft Length in ft Revenue (area in acres) (area in acres) Record 1 Killa Saifullah 0+000 24+000 110 ft 60ft Nil Nil Loralai District 2 Chanali 24+000 29+000 110 ft 60ft Nil Nil 3 Kuch Umqazai 29+000 32+800 110 ft 60ft Nil Nil 4 Drazinda 32+800 34+900 110 ft 60ft Nil Nil 5 Kanwar Abad 34+900 40+200 110 ft 60ft Nil Nil 6 Mehar Haji 40+200 40+400 60ft Nil 7 Dalli Halq Shah 40+400 44+400 110 ft 60ft Nil Nil Karez 8 Sarkai Jangle 44+400 44+500 110 ft 60ft Nil Nil 9 Nagang 44+500 51+550 110 ft 60ft Nil Nil 10 Zarh Karez 51+500 60+000 27.5 ft to 60ft Nil Nil 93.5 ft 11 Shah Karez 60+000 62+800 27.5 ft to 60ft Nil Nil 93.5 ft 12 Lashtai 62+800 66+175 110 ft 60ft Nil Nil 13 Roodleen 66+175 67+900 110 ft 60ft Nil Nil *Calculation of potentially affected land is based on minimum available width of ROW as per revenue records. This may be further reduced once a more accurate determination of available ROW is done after the notification of Section 4 of the LAA.

Table 2: Loralai District RD-wise Status of ROW for N70 Lot 2

S.No Name of Chainage Available CW Affected Private Land Mouza/Village ROW as per Limit By Civil Works By 110 ROW District Length in ft Length in ft Revenue Record 1 Azgrorloon 78+500 78+900 44 ft to 88 ft 60ft 16 ft 66 ft 2 Zangiwall 78+900 79+500 27 ft to 33 ft 60ft 33 ft 83 ft 3 Chapli 79+500 83+100 44 ft to 88 ft 60ft 16 ft 66 ft 4 Dargai Kadezai 83+100 88+300 5 Martat Kala 88+300 90+100 27 ft to 33 ft 60ft 33 ft 83 ft 6 Lahore 90+100 93+500 7 Orh Shabozai 93+500 94+750 8 Dalli 94+750 96+150 27 ft 60ft 33 ft 83 ft 9 Dalezai Shbozai 96+150 97+000 10 Dargai Shabozai 97+000 99+700 22 ft to 38 ft 60ft 38 ft 88 ft 11 Bori Vialla 99+700 101+300 27 ft to 55 ft 60ft 33 ft 83 ft 12 Saghrai 101+300 106+400 33 ft to 38 ft 60ft 27 ft 77 ft 13 Kanrha Kala 106+400 108+950 27 ft to 38 ft 60ft 33 ft 83 ft 14 Karez Derai 108+950 109+400 15 Nawab Karez 109+400 112+200 27 ft to 44 ft 60ft 33 ft 83 ft 16 Viarh Kala 112+200 127+125 * Affected land is calculated based on minimum available with of the ROW as per district revenue records. This may still be reduced once the actual width per section has been established during the surveys after the notification of Section 4 of the LAA.

12. The N-50 highway from Zhob to Mughalkot project section is 81 km and is divided into 2 lots for construction purposes. Except for the first 12 km from RD 2+300 to 12+000 in Lot-1, all the remaining land along the ROW of N-50 is unsettled and belongs to the government. Most of the land along the road alignment in Lot-1 is barren, while Lot-2 comprises of mostly hilly terrain. The land available to NHA in the 2 mouzas/villages between RD 2+300 to RD 12+000 is 55 ft. The table below provides the RD-wise breakdown of the land available to NHA and the estimated land that may need to be acquired to complete the 110 ft ROW. Page 6 of 27

Corrective Action Plan (CAP) National Highway Authority Pakistan

Table 3: Zhob District RD-wise status of ROW for N50 Lot 1

S.No Name of Chainage Available CW Affected Private Land Mouza/Village ROW Limit By Civil Works By 110 ft ROW Length in ft Length in ft 1 Hassan Zai 2+300 9+000 60 ft 5 ft 55 ft 55ft 2 Taqai 9+000 12+000 60 ft 5 ft 55 ft

13. In case the Supreme Court decides the matter against the NHA, the NHA will need to acquire the land as per construction limit of the road which is 66 ft. In Lot-2 of N-70, the ROW available as per revenue record is 33 ft in average as per the records provided by the revenue department. NHA will have to acquire 33 ft more land (16.5 ft each side) in Lot-2 of N-70. In Lot-1 of N-70, there is adequate ROW of 110 ft available as per revenue record, therefore no land will need to be acquired.

14. In Lot-1 of N-50, the ROW limit of 55 ft is available in 0+000 to 12+000. In the remaining area of Lot-1 of N-50, approximately 1 acre (8 kanals) of land need to be acquired assuming an additional 11 ft (5.5 ft each side) is needed to fit the 66 ft construction limit. The whole Lot- 2 of N- 50 project is unsettled land and hilly area and no land needs to be acquired based on the land records at the district.

15. According to the approved RPs, a total of 282 DPs were identified and compensated for their structures and trees etc. Moreover, compensation for business losses, transportation allowances and support to vulnerable DPs have already been provided. It is estimated that around 350 landowners may have plots within the COI under the reduced ROW limit in certain sections. This will be confirmed after detailed survey of land with revenue staff. Tentatively, it is estimated that an area of 124 acres - 1 rod - 5 pol (994 kanal – 5 marla) land will be acquired in Lot-2 of N- 70. No land will need to be acquired in Lot-1 of N-70. In N-50, approximately 1 acre – 0 rod – 0 Pol (8 kanal) may need to be acquired in Lot-1. No land will be acquired in Lot – 2 of N-50. The area shown in the linear plan lot-wise is as under.

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Corrective Action Plan (CAP) National Highway Authority Pakistan

LINEAR PLAN N - 70 Road, Qila Saifullah - Loralai - WaigumRud Section (0 + 000 to 67 + 900) LOT - 1

0+000 - 67+900

110 ft ROW as per Revenue record. No Acquisition required

______0+ 000 67+ 900 StartPoint Existing ROW as per Revenue Record End ofSection - 1 End 110 ft ROW as per Revenue record. No Acquisition required

0+000 - 67+900

110 ft wide ROW is available as per Revenue record therefore no land acquisition is required in Lot 1

LINEAR PLAN N - 70 Road, Qila Saifullah - Loralai - WaigumRud Section (78 + 500 to 128 + 375) LOT - 2

78+500 - 128+375

Average 16.5ft wide Proposed acquire area

― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― ― 78 + 500 + 128 375

Start Point Existing ROW as per Revenue Record Average 16.5ft wide Proposed acquire area Sec - Point 2 End

78+500 - 128+375

Approximately total 124Acre - 1Rod - 5Pols (994Kanal and 5 Marla) land will be acquired

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Corrective Action Plan (CAP) National Highway Authority Pakistan

LINEAR PLAN N - 50 Road, ZHOB - MUGHALKOT Section (81 Km) Contract Package -1 (0+000 to 49+000)

0+000 to 12+000 12+000 to 49+000

______49+000 End of Section - 1 1 - Section of End 0 + 000 0+ Start Point StartPoint

0+000 to 12+000 12+000 to 49+000

Proposed area for Acquisition

Available ROW

Approximately total 1Acre - 0Rod - 0Pols (8 Kanal) land will be acquired

LINEAR PLAN N - 50 Road, ZHOB - MUGHALKOT Section (81 Km) Contract Package - 2 (49+000 to 81+400)

49+000 to 81+400

Available ROW

— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — End of Project Project of End 49 + 00049 + — — — — — — — — — — — — — — — — — — — — — — — Start Point StartPoint 81+400(395 000) + Available ROW

49+000 to 81+400

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Corrective Action Plan (CAP) National Highway Authority Pakistan

D. LEGAL FRAMEWORK AND ENTITLEMENTS

16. The preparation and implementation of this CAP follows ADB’s Safeguard Policy Statement (2009) and the existing legislation and policies of the Government of Pakistan, and Provincial Government of Baluchistan. Procedures for land acquisition will follow the Pakistan Land Acquisition Act (1894) as amended for Balochistan Province. Calculation of compensation and eligibility of different categories of DPs, consultations, disclosure and monitoring complies with the SPS requirements for meaningful consultation with DPs, information disclosure, compensation at replacement cost, grievance redress and monitoring as described in the approved RPs for the project.

17. The LAA 1894 with its successive amendments is the main statute dealing with land acquisition matters for public interest projects in Pakistan. The right to acquire land for public purposes is established when Section- 4 of the LAA is triggered. The LAA specifies a systematic approach for acquisition and compensation of land and other properties for development projects. It stipulates various sections pertaining to notifications, surveys, acquisition, compensation and apportionment awards along with dispute resolution, penalties and exemptions. Surveys for land acquisition are to be disclosed to the displaced persons. Salient features of the LAA that will be followed in the implementation of this CAP is given in Table 4.

Table 4: Salient Features of the LAA 1894 and Successive Amendments

Key Sections Salient Features of the LAA 1894 Section 4 Publication of preliminary notification for land acquisition and empower for conducting survey. Section 5, 5A Formal notification of land needed for a public purpose and hearing of objections regarding land acquisition, title, measurements and land pricing. Section 6 The Government makes formal declaration of intent to acquire land. Section 7 The Land Commissioner shall direct the Land Acquisition Collector (LAC) to take order the acquisition of the land. Section 8 The acquired land is physically marked out, measured and land plan is prepared by the LAC. Section 9 The LAC gives notice to all DPs to appear before him at an appointed time, submit their claims and raise objections regarding measurement, land price or apportionment. Section 10 Delegates power to the LAC to record statements of the DPs in the area of land to be acquired or any part thereof as co-proprietor, sub-proprietor, mortgage, and tenant or otherwise. Section 11 Enables the Collector to make enquiries into the measurements, value and claim and then to issue the final “award”. The award includes the land’s marked area and the valuation of compensation. Section 18 In case of dissatisfaction with the award DPs may request the LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of land. Section 23 The award of compensation to the title holders for acquired land is determined at i) its market value of land, ii) loss of standing crops, trees and structures, iii) any damage sustained at the time of possession, iv) injurious affect to other property (moveable or immoveable) or his earnings, v) expanses incidental to compelled relocation of the residence or business and vi diminution of the profits between the time of publication of Section 6 and the time of taking possession plus 15% premium in view of the compulsory nature of the acquisition for public purposes.

18. The objectives of the ADB’s involuntary resettlement safeguards as per SPS 2009 are; i) avoid involuntary resettlement wherever possible; ii) minimize involuntary resettlement by exploring project and design alternatives; iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and iv) improve the standards of living

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Corrective Action Plan (CAP) National Highway Authority Pakistan of the displaced poor and other vulnerable groups. The following principles are applied to reach these objectives and policy scope:  Screen the project early on to identify past, present and future involuntary resettlement impacts and risks;  Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks;  Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring & evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase;  Improve, or at least restore, the livelihoods of all displaced persons through (i) land- based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.  Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.  Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.  Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.  Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non- land assets.  Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.  Disclose a draft resettlement plan or the compensation matrix, eligibility criteria or rates determined for the affected land, structures, trees etc., including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to

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Corrective Action Plan (CAP) National Highway Authority Pakistan

affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.  Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.  Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.  Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

19. Both ADB SPS and Pakistan’s LAA require that persons whose land is being acquired for a project should be compensated before displacement. Earlier assessment concluded that no land will need to be acquired for the civil works since the existing ROW limit is sufficient. In case the Supreme Court decides that some private land may have been affected by the civil works, this CAP is prepared to acquire post-facto to correct the situation.

20. The CAP will follow the following ADB IR Policy requirements:  The assessment and valuation of the impacted land will be done at full replacement cost that includes (i) fair market value, (ii) transaction costs, (iii) interest accrued, (iv) transitional and restoration costs, and (v) other applicable payments;  Grievance redress mechanism for the project will be established and made functional to facilitate the DPs to raise their concerns and complaints for addressing the resettlement issues of the project at project level.  During the CAP finalization and implementation after notification of Section 4 of the LAA, meaningful consultations will be held with the DPs who will be kept informed on project impacts, asset valuation, entitlements and available grievance redress mechanism for the project resettlement issues. The CAP will be disclosed both at draft phase and after its approval from ADB. The disclosure process will be continued till completion of disbursement of compensation and DPs will be kept informed about developments in CAP implementation and grievance redress.  A proper institutional arrangement for land acquisition and resettlement (LAR) will be maintained for CAP planning, preparation, implementation and monitoring.  The monitoring reports of CAP implementation will be prepared on monthly basis to review and track LAR implementation progress which will be consolidated in quarterly monitoring reports to be shared with ADB and disclosed on NHA website.

21. During the land acquisition proceedings after issuance of Notification U/S 4 LAA 1894, The Collector / DC have to assess the value of land according to section 23 and 24 of the LA Act. The Collector / DC will seek report from subordinate revenue staff regarding the transactions detail and average current rates of land in the mouza / village concern. Then the Collector / DC will assess the land keeping in view the potential value of land and fix the rates of land category wise. The land has different categories in revenue record such as i) Aabi (cultivated), ii) Sailaba (cultivable during rainy season only), iii) Banjer (uncultivated) and iv) Ghair Mumkin (residential etc.). Each category of land have different value/rate. The Collector/DC fixes the rates of different categories according to land transactions in the area as per Land Acquisition Act. The land valuation according to LA Act is consonance with the ADB SPS policy as the compensation of land has to assessed and paid to the affected person as per full replacement cast according to the category of land and current value.

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Corrective Action Plan (CAP) National Highway Authority Pakistan

E. INFORMATION DISCLOSURE AND CONSULTATION

22. During the RP implementation process for both N-70 and N-50, consultations with various stakeholders were carried out to discuss the resettlement issues and affected assets with the affected community. In case of adverse order by the Supreme Court, the land acquisition proceedings will be initiated through local administration (Collector), fresh round of consultation will be continued by the NHA West Zone through its Deputy Director (land) and his team and Revenue staff with the primary stakeholders which include project executors, persons losing land and secondary stakeholders, such as revenue authorities and government department’s local government functionaries. These consultations will be initiated upon the notification of Section 4 of the LAA and will continue until after the issuance of land award under Section 11 of the LAA.

23. Public consultations will be arranged at different stages of land acquisition proceedings to ensure people’s participation in the different phases of the land acquisition. The land acquisition proceeding will be carried out by the Collector / Deputy Commissioner of the District with the revenue staff. The NHA Deputy Director (Land) and his team from the NHA West Zone will closely liaise with the Deputy Commissioner in completing land acquisition proceedings according to Land Acquisition Act 1894. The consultation with the DPs will be conducted by both the Revenue staff and NHA. During the land acquisition process, consultation will be continued with the landowners to ensure the actual area of acquisition and entitlement of compensation procedure to the satisfaction of landowners (DPs). The survey and measurement of land will be conducted in presence of the DPs or their representatives. Information regarding rates, compensation of land, processes and stages of land acquisition will be provided to the DPs.

24. After the notification of Section 4, LARU will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the DPs in proceeding with the land acquisition. LARU will organize public meetings, and appraise the communities about the land acquisition process, including the measurement surveys, valuation, verification of DPs, grievance redress and disbursement of compensation. Consultation and focus group discussions will be conducted with the vulnerable groups like elderly, women and the poor to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

25. Once approved by the ADB, the final/updated CAP will be disclosed on the NHA website with its Urdu translated Executive Summary. A hard copy will be placed in the office of NHA West Zone. LARU will ensure that the translated executive summary is made available to the DPs at large and notable local community members. The approved final/updated CAP will also be uploaded on the ADB’s website. The DPs will be provided with information brochures with information on the entitlement matrix, details of project impacts and compensation, grievance redress system and contact persons, etc., before starting payment of compensation for affected land.

F. BUDGET

26. The cost estimate of land has been calculated as per the assessment of land by the Collector/DC of Loralai in Mouza Chapli during the complaint case when the Collector/DC Loralai was requested to provide the assessment of land. The Collector/DC vide letter No 04- RO/2019/85/SRB/2019 dated 2nd March 2019 provided the assessment of land as per Rs 1.45/ per sq ft. (assessment attached as Annex- II). The assessed rates are estimates and the final assessment based on current market value and replacement cost will be received during the actual land acquisition proceeding.

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Corrective Action Plan (CAP) National Highway Authority Pakistan

27. The actual cost assessment in District Zhob has not been conducted at present. For the purpose of this draft CAP, an approximate rate to the tune of Rs 100,000/per acre was used. The actual assessment will be made by the Collector/DC Zhob during the land acquisition proceedings.

28. According to Section 23 (2) of Land Acquisition Act 1894 the Collector will assess the rates of land as per current market value and consider other factors such as dimunition of profit from land, impact due to severing of land, losses due to requirement to relocate, losses on movable and immovable assets on the affected land and other factors. In addition, a 15% compulsory acquisition charges will also be paid to the DPs. The estimated cost assessment for budget is provided in Table 5.

Table 5: Land Acquisition Budget

Sr. # Lot Area of land Rate per Calculated 15% Total Estimated in Kanal - sq ft Amount Compulsory Compensation cost Marla (Rs.) (Rs.) Acquisition (Rs.) Charges (Rs.) 1 Lot-1 of N-70 0 0 0 0 0

2 Lot-2 of N-70 994 – 5 1.45 7,849,792 1,177,648 9,027,260 3 Lot-1 of N-50 8 - 0 2.29 100,000 15,000 115,000 4 Lot-2 of N-50 0 0 0 0 0 Grand Total 9,142,260

Contingencies (@10%) 914.226

Overall CAP Cost 10,056,486

US$ (1$=160 Rs.) 62,853

29. The land acquisition cost will be paid by NHA by depositing the cost assessed by the Collector/DC in his official account. The DPs/landowners will be compensated by the Collector/ DC in accordance with Land Acquisition Act 1894. Total cost for Land compensation is estimated as Rs. 10,056,486/= equivalent to US $ 62,853/=. The budget for the CAP is estimated and includes only land cost. The other minor expenditure of consultation, monitoring and visits of NHA officials for redressal of grievances will be covered through NHA regional office budget.

30. During the hearing of the case in Balochistan High Court, the NHA has deposited a Bank guarantee amounting to Rs 10 Million to cover the cost of land acquisition on the order passed by the High Court. Copies of court order and bank guarantee certificate are attached as Annex- III

31. For compensation delivery, the Collector / DC will issue a crossed cheque of compensation amount in favour of landowners/DPs and will provide a list to NHA of DPs to be compensated. The NHA Deputy Director (Land) West Zone will submit the quarterly progress report of land acquisition and DPs compensated to the ADB.

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G. INSTITUTIONAL ARRANGEMENTS FOR THE IMPLEMENTATION OF CAP

32. The NHA exercises its functions at the project level through Project Management Unit and Project Implementation Unit (PIU). For implementation of the CAP the NHA will contact the Collector / Deputy Commissioner of the District to initiate the land acquisition proceedings. The Collector / DC has its own management staff includes the revenue staff Assistant Commissioner, Tehsildar, Qanoongo and Patwaries at District level, who will perform their duties according to Land Acquisition Act 1894 by conducting joint survey/measurement of land according to revenue record of the District with NHA project staff. The land acquisition proceeding will be carried out as per Land Acquisition Act 1894. The District Administration has his own grievance redress mechanism. The LARU along with the Collector/DC office will ensure effective coordination between line government departments, concerned stakeholders and displaced population during implementation and monitoring of this CAP.

33. There will be two scenarios on the institutional arrangement for the updating and implementation of the CAP after the decision of Supreme Court. If the Supreme Court decision arrives at the time of project still ongoing, the institutional arrangement of NHA will be the same. If the decision arrives after completion of the project the post of the Project Director (LARU Member) will cease to exist. The rest of the LARU members will be available being permanent posts of NHA regional formation. The committee of local administration will be the same in both scenarios. G.1 Land Acquisition and Resettlement Unit (LARU) at Project Level 34. The LAR unit is already established for the NHA projects in Balochistan to deal with resettlement and land acquisition issues of the project. The LAR Unit will closely liaise with the District administration i-e Collector/DC during the land acquisition proceedings play a vital role to look after the land acquisition proceedings to ensure implementation of LAR activities efficiently and timely manner which may include; joint survey/measurement of land, issuance of notification under section 4 of LAA 1894 and further notifications issued from time to time by the Collector/DC to implement and monitor the CAP, regular visits of the sites to track the land acquisition proceeding progress. At the time of the decision of Supreme Court when the project is still ongoing (Scenario – 1) and at the time of the decision of court after the completion of the project (Scenario – 2), the LARU will comprise of following members.

Scenario – 1 Decision of court during ongoing project

LARU shall comprise the following: i) General Manager Balochistan Unit Leader ii) Project Director of the project Member iii) Deputy Directors (Land) Member iv) Patwari NHA Member

Scenario – 2 Decision of court after completion of project LARU shall comprise the following: i) General Manager Balochistan Unit Leader ii) Deputy Directors (Land) Member iii) Patwari NHA Member

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The Local Administration for land acquisition in both scenarios comprises the following: I. Deputy Commissioner of the District Collector / In-charge II. Assistant Commissioner Member III. Tehsildar Member IV. Qanoongo Member V. Patwari Member 35. The Deputy Director (Land) NHA as LARU member will facilitate and support the LARU team as focal person and will coordinate with local administration team in completing the land acquisition proceeding by the Collector/DC in implementation of CAP compliant to Land Acquisition Act 1894 and ADB Safeguard Policy Statement (2009). Besides he will be a focal person to coordinate with local administration in different stages of land acquisition and progress reports to be shared with ADB. The scope of work of LAR Unit and local administration includes:

i) The local administration unit shall act as a steering body for the land acquisition proceedings at the District level. For routine land acquisition matters, special meeting/routine discussions can take place, as and when required.

ii) The LARU shall act to coordinate with local administration in completing land acquisition proceedings and will hold meetings with local administration during the acquisition proceedings once in a month or special meetings / discussion can take place as and when required.

iii) The LARU will closely liaise with local administration to ensure timely completion of land acquisition proceedings.

iv) In order to efficiently deal with DPs (landowners) grievances, the unit shall coordinate with local administration on regular basis for timely resolution of the grievances of the landowners (DPs).

G.2 Grievance Redress Mechanism. 36. The grievance redress procedures at different stages of the Land Acquisition is provided in the Land Acquisition Act 1894. In land acquisition proceedings the Collector/DC is performs his duties according to Land Acquisition Act 1894. The Collector/DC is working as a court of law and pass orders as court. If any complainant disagrees with the decision of Collector/DC, he may approach the higher court i-e District court by filing appeal according to LA Act 1894. The local administration has its own grievance redress mechanism to resolve the issues of landowners. If the landowner (DP) has any grievance regarding land measurement etc. he or she can approach the Collector/DC through an application/complaint. The Collector will obtain report from revenue staff of the District. The Tehsildar along with the revenue Patwari will inspect the site in presence of the DP, measure the same and submit the report to the collector/DC through the Assistant Commissioner, thereafter the Collector/DC will decide the issue after hearing the DP/landowner. During hearing of the complaint, if the land owner is not satisfied with the report of the revenue staff, the Collector/DC will direct the Assistant Commissioner to visit the site and if required the Collector/DC will himself visit the site and inspect the site in presence of the revenue staff and land owner to ascertain the actual position. If the grievance of the DP is genuine, then necessary changes may be made in the notifications by issuance of corrigendum of notifications, if required.

37. After the issuance of Section 4 of the LAA, the LARU will inform the DPs about the GRM, its functioning, complaint process to GRC and EALS at HQ, contact details of the focal members of the GRM at both levels. The GRC will send acknowledgement to complainant DP, inform him about its site visit plan to ensure DP’s presence during site visit, and provide update on the progress made to resolve his complaint/grievance. Besides this formal communication the Deputy Page 16 of 27

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Director (Land) will closely liaise with the DPs and provide them the requisite information on the GRM and update DPs about the status of complaints under process with GRC.

38. The grievance redress committee that was established and notified for the project and which will continue to function during the CAP updating and implementation comprises of the following: i) Collector / DC Convenor ii) Assistant Commissioner Member iii) Tehsildar Member iv) Qanoongo Halka Member v) Patwari of Mouza / Village Member vi) Representative of NHA Member

G.3 Compensation Disbursement Procedure. 39. Local Administration i-e Collector / DC will complete land acquisition proceedings according to Land Acquisition Act 1894. He will assess the value of land as per sale transaction in the last three years in the mouza/village according to revenue record. The Collector / DC will also complete the land acquisition proceedings by passing final award and will compensate the landowners according to the assessed value of land through crossed cheque in favour of the landowners.

40. The LARU at NHA will coordinate with Collector/DC during all stages of land acquisition proceedings and will collect copies of record from the Collector office. At the completion of land acquisition proceeding the acquired land will be mutated in favour of NHA in revenue record by the Collector/DC office and the copies will be provided to NHA. The LARU will share the progress report of CAP with ADB.

H. IMPLEMENTATION SCHEDULE

41. Implementation of CAP is subject to decision by the Supreme Court. The CAP mainly consists of actual area of land and compensation to be paid for affected landowners through Collector/DC after completing land acquisition proceedings. The time for implementation of the CAP will be scheduled after the decision of Supreme Court. This draft CAP will be updated and implemented as soon as the decision from Supreme Court will be arrived at in the matter and Sections 4, 5 and 6 of the LAA have been notified. Table 6 shows the schedule for the updating and implementation of CAP

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Table 6: Implementation Schedule

No. Activities Responsibilities Timeline

Prepare notice of intent to acquire land and approach Deputy 10 days after receipt 1 NHA (West Zone) Commissioner Loralai to initiate of Court order land acquisition proceedings Conduct joint survey to ascertain exact area of land affected and Collector / Deputy Commissioner 2 registered owners as per land Loralai / NHA (West Zone) land 45 days record throughout the project staff corridor 45 days Issue and publish notification U/S Collector / Deputy Commissioner (30 days for 3 4 LAA 1894 Loralai objection as per LAA 1894) Prepare intent of notification U/S 5 4 DD (Land) NHA West Zone 15 days and submit to DC Loralai Confirm intent of notification U/S 5 Collector / Deputy Commissioner 5 and provide estimate of required 15 days Loralai funds to acquire land Deposit amount at the district 6 treasury prior to notification of NHA HQ (Finance Wing) 45 days Section 5. Collector / Deputy Commissioner 7 Publish notification U/S 5 15 days Loralai Hear objections U/S 5a and Collector / Deputy Commissioner 8 20 days verification of ownership data Loralai Commissioner Zhob Division and Collector / DC Loralai Issue declaration U/S 6 & 7 LAA 9 DC Loralai to submit draft 45 Days 1894 and publish in newspapers Declaration to Commissioner Zhob Issue notice U/S 9 LAA 1894 to 30 days (15 days to Collector / Deputy Commissioner 10 landowners to file objections on submit objection and Loralai land rates assessed (If any) 15 days to decide) Assess and conduct valuation of Collector / Deputy Commissioner 11 20 days affected land/assets Loralai Conduct census and socio- Collector / Deputy Commissioner 12 economic survey of DPs and Loralai and NHA project / 30 days consultations regional staff Prepare and submit updated CAP with the list of DPs and cost of 13 NHA project / Regional Staff 15 days affected assets and results of consultations. 14 Review and approve updated CAP ADB / NHA HQ EALS wing 15 days Disclose updated CAP on ADB 15 ADB 10 days website and DPs. Collector / Deputy Commissioner 16 Award U/S 11 LAA 1894 15 Days Loralai Collector / Deputy Commissioner Just after passing of 17 Disburse compensation amount Loralai Award Submit quarterly progress report From date of award 18 on the CAP implementation until NHA Regional Staff / LARU and every three completion of all disbursement. months Mutate acquired land in favour of Collector / Deputy Commissioner 19 30 Days NHA Loralai Page 18 of 27

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I. MONITORING AND EVALUATION 42. After the Supreme Court decision the initiation and completion of Land acquisition proceedings is to be performed by the Local administration i-e Collector / Deputy Commissioner of the concerned District however the NHA being Executing Agency (EA) will be in closed coordination and monitor the land acquisition proceedings till completion of proceedings, and measures implemented to compensate the displaced persons for their lost land assets, and assess the achievement level of the objectives according to Land Acquisition Act 1894. LA management and it close monitoring and supervision is a key for successful completion of Land acquisition proceedings. This enables the executing and/or implementing agency to make timely compensation to the land owners, adjustments of fund and mutation in the name of NHA and implementation arrangements and take appropriate corrective measures during implementation of CAP. Accordingly, to ensure effective planning and implementation of the CAP in timely manner within the given budget all the LA implementation activities including, measurement of land, issuance of Notifications, disbursement of released fund to the Collector, completion of LA proceedings, payment of compensation for land will be monitored routinely. Besides the activities like consultation process, grievances recorded and resolved and information dissemination activities being carried will be monitored and the adjustments will be made to make them more purpose oriented. 43. As the resettlement plans for the affected structures, trees and other improvements within the COI have already been implemented by NHA and the APs have been compensated, therefore only land compensation will be made to the landowners according to the construction limit of the road. The NHA will closely monitor the LA proceedings and the monitoring reports will be shared with ADB through quarterly internal monitoring reports (IMR). 44. LARU will be responsible for carrying out the internal monitoring of the CAP activities during land acquisition proceedings, updating and implementation phases. Monitoring of land acquisition (LA) tasks will be routinely conducted by Land Acquisition and Resettlement Unit (LARU). However, to ensure effective monitoring the LARU will carry out day to day monitoring of CAP implementation progress. The monitoring results of LA tasks and issues will be included in the internal monitoring report (IMR) for ADB. I 1 Monitoring 45. Monitoring indicators derived from the baseline data on impacts land data collected through joint survey and measurement of land of the land affected persons to assess the implementation progress on specific contents of the activities and entitlements matrix and adjust accordingly to achieve the objectives of the CAP. I 2 Reporting. 46. The NHA will closely monitor the LA proceedings to be completed by the Collector / DC till issuance of final award and compensation to the landowners. The proposed timeline to complete implementation of CAP will start immediate after the decision of the Supreme Court and thus the implementation of CAP for both the projects can be completed within timeline provided in the implementation schedule above. The internal monitoring process will start immediate after the approval of final CAP and will continue till end of implementation of the LA proceedings. The monitoring will be conducted day to day basis to supervise CAP implementation progress by LARU and the monitoring results will be compiled into monthly monitoring reports for review of the PMU and EALS in NHA. 47. Besides, till confirmation of full implementation of CAP, the monthly monitoring reports will be consolidated into periodic monitoring reports (quarterly monitoring report or CAP implementation confirmation reports) by LARU will be shared with ADB for its review.

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ANNEXES

Annex I

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Annex I

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Annex II

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Annex - III

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Annex - III

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Annex - III

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Annex - III

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Annex - III

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