47281-001: National Highway Network Development In

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47281-001: National Highway Network Development In 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 Balochistan 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 Pakistan 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 Page 2 of 27 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 Loralai District 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 Khyber Pakhtunkhwa Province. The project road section starts outside the city premises of Zhob District 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 Page 3 of 27 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. Page 4 of 27 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
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