Environment and Social Due Diligence Report IND: India

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Environment and Social Due Diligence Report IND: India Environment and Social Due Diligence Report December 2011 IND: India Infrastructure Project Financing Facility II –Navayuga Quazigund Expressway Pvt. Ltd. Prepared by India Infrastructure Finance Company Limited for the Asian Development Bank This 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. Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. INDIA INFRASTRUCTURE FINANCE COMPANY LTD. Sub Project: Four Laning of 15.350 Km. Quazigund to Banihal Section from Km 189.350 to Km. 204.700 including two tunnels (2 lane) of 0.690Kms. And 8.450Kms of NH-1A in the state of Jammu & Kashmir on DBFOT (Annuity) basis in the state of Jammu & Kashmir. December, 2011 1 Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. CONTENTS 1. INTRODUCTION ......................................................................................................... 4 Background 4 DUE DILIGENCE ON ENVIRONMENTAL SAFEGUARDS: ...................................................... 7 2. AVAILABILITY OF EIA/EMP REPORTS: ................................................................... 8 3. ENVIRONMENTAL SENSITIVITY AND DUE DILIGENCE: ......................................... 8 4. CATEGORIZATION OF SUB-PROJECT: ................................................................... 9 5. STATUS OF REGULATORY CLEARANCES: ............................................................ 9 6. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE: ............................ 12 7. ALTERNATIVE ANALYSIS: ...................................................................................... 13 8. ENVIRONMENT AND SAFETY CLAUSES IN CONCESSION AGREEMENT AND EPC CONTRACT: ................................................................................................................... 13 9. EMP IMPLEMENTATION BUDGET: ......................................................................... 14 10. ENVIRONMENT MANAGEMENT PLAN (EMP) IMPLEMENTATION: ...................... 15 10.1. institutional framework for emp implementation: ................................................................ 18 10.2. ENVIRONMENTAL MONITORING: .......................................................................................... 18 11. CONCLUSION AND RECOMMENDATION: ............................................................. 19 12. MONITORING BY IIFCL: ........................................................................................... 20 DUE DILIGENCE ON SOCIAL SAFEGUARDS: .................................................................... 21 13. SOCIAL SAFEGUARDS COMPLIANCE REVIEW: ................................................... 22 13.1. Methodology adopted for social compliance review ........................................................... 22 14. MINIMIZATION OF SOCIAL IMPACTS: .................................................................... 22 15. DUE DILIGENCE OF SOCIAL IMPACTS .................................................................. 22 15.1. Magnitude of Land Acquisition in the Subproject: ............................................................... 22 16. RESETTLEMENT IMPACT IN THE SUB-PROJECT: ............................................... 23 16.1. Magnitude of Impact on Project Affected People ................................................................. 23 16.2. Magnitude of Impact by Category of people ......................................................................... 23 17. COMPENSATION AND ENTITLEMENT: .................................................................. 24 17.1. Resettlement Policy ................................................................................................................. 24 18. REHABILITATION AND RESETTLEMT (R&R) OF PROJECT AFFECTED PEOPLE 24 18.1. Monitoring and Evaluation through External Agency .......................................................... 26 19. INCOME RESTORATION AND EMPLOYMENT GENERATION: ............................. 26 20. PUBLIC CONSULTATION/FOCUS GROUP DISCUSSION ...................................... 26 20.1. Focus Group Discussion (FGD) .............................................................................................. 26 21. GRIEVANCE REDRESS CELL (GRC) ...................................................................... 28 22. CONCLUSIONS AND RECOMMENDATION: ........................................................... 28 APPENDICES: APPENDIX-I: EIA-EMP REPORT APPENDIX-II: RELEVANT CLEARANCES AND PERMITS APPENDIX-III: CONCESSION AGREEMENT APPENDIX-IV: EPC CONTRACT 2 Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. 3 Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. EENNVVIIIRROONNMMEENNTTAALL AANNDD SSOOCCIIIAALL DDUUEE DDIIILLLLIIIGGEENNCC RREEPPOORRTT 1. IIINNTTRROODDUUCCTTIIIOONN Background 1. Based on the competitive bid process, NHAI has signed the Concession Agreement with M/s Navayuga Quazigund Expressway Private Limited, a Special Purpose Vehicle (SPV) formed for implementing this project. NHAI has awarded the project to the Consortium to NECL and KPCL vide their letter of Award No.NHAI/BOT/11019/1/2009/QB/58 dated 30.04.2010 to construct Four –Laning ofQazigund to Banihal Section from km 189.350 to km 204.700 of NH-1A. 2. The Proposed Road of NH-1A starts from km 189.350 and ends at km 204.700, which matches km 221.000 of existing road. The subproject location road lies between North latitude 33º9’5” to 33º32’26” and East Longitude 75º0’39” to 75º25’8”. The length of road is 15.350 km including two tunnels (2 lane) of Km0.690 and Km8.45 and lies in the Ramban and Anantnag District of Jammu and Kashmir. Figure -1: The proposed Project Road 4 Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. 3. The project road runs parallel to the River Bichleri at most of the locations between km 190.000 to km 195.000 traversing through villages Zenihal, Asar, Lambar, Gund & Banihal Town before traversing through one of the small ridges of the main Pir Panjal Mountain ranges through a 674 m long short tunnel. The Channage wise details of the subproject improvements is given in Table-1 Table-1: The details of proposed project is as details Sl. Chainage Proposed work Length (Km.) 1 km 189.350 to km 193.792 4 lane divided carriageway 4.442 2 km 193.792 to km 194.488 Short, bi directional tunnel 0.696 3 km 194.488 to km 195.425 2 lane divided carriageway 0.937 4 km 195.425 to km 203.865 Long, bi directional tunnel 8.440 5 km 203.865 to km 204.700 4 lane divided carriageway 0.835 Total 15.350 4. NHAI had envisaged up gradation of a section of NH1A that starts at Quazigund (at Chainage of km 189.350) and ends at Banihal (at Chainage of km 204.700) from the existing 2 lane road to 4 lane road. The total length of the project road is 15.35km long. 5. The salient features of the projectare given in Table 2. Table 2: Project Salient Features Particulars Project Road The Concessionaire M/s Navayuga Quazigund Expressway Pvt. Ltd. (NQEPL) The Subproject Rehabilitation, Strengthening & 4 Laning of Quazigund to Banihal section of NH-1A from Km. 189.350 to Km.204.700 including 2 Tunnels (2 lane of 0.690m & 8.450 Km. length) on DBFOT (Annuity) Basis, in the state of Jammu & Kashmir. Length 15.350 Km. Passes The Project road passes through 5 villages and two districts namely Ramban and Anantnag District of Jammu and Kashmir.. Carriageway 5.090 K m for four lane,0.680 Km. Short, bi directional tunnel, 1.030 Km. two lane divided carriageway and 8.450 Km. long, bi directional tunnel m for six lane and 7.0 m service road excluding the median. Service Roads on Total length of service road is aggregating to 3.256 km with both sides paved shoulder on both sides.(the details are in below table. Toll Plaza Two Nos. (at Km.193.760 and203.880 Km.) ROW 30 m for tunnels, 60m for highway, 15m for access roads. Intersection There are neither major intersections nor minor junctions. 5 Environment and Social Due Diligence Report Navayuga Quazigund Expressway Pvt. Ltd. Underpasses No underpasses Truck Lay-byes Two (at Km.196.650 to Km.193.450) and ( Km.204.100 to Km.204.600) Bus-bays/shelter Two (at Km.193.600-village Lambar) and at Km. 204.300 at exist of North portal of long tunnel Minor Bridges 6 Major Bridges 3 Culverts (Box) 9 Tunnel Short (T-1) 1 Short Tunnel,( From Km 193.792. to Km.194.488) Length- 696.00 Mts. Tunnel Long (T-2) 1 long tunnel,(From Km 195.425 to Km.203.865. (the details are in Table) ROB/RUB 1 Source: Information from EIA Report 6. The debt component of the proposed project is being financed by a syndicated loan with lead Bank as State Bank of India; Navayuga Quazigund Expressway Pvt. Ltd. has signed a Common Rupee Loan Agreement with a consortium of 9 banks. The consortium comprises of Punjab National Bank, Central Bank of India, Bank of IndiaAndhra Bank, State Bank of Hyderabad, Oriental Bank of Commerce,Corporation Bank and India Infrastructure Finance Company Limited (IIFCL). 7. M/s Navayuga Quazigund Expressway Pvt. Ltd has signed a Common Rupee Loan Agreement with a consortium of 9 banks
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