Resettlement Plan (Due Diligence Report)
Project Number: 40648-033 June 2014
IND: Infrastructure Development Investment Program for Tourism – Tranche 2
Submitted by
Department of Tourism, Government of Uttarakhand
This report has been submitted to ADB by the Government of Uttarakhand, Dehradun and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB.
Amelioration of Lake Naukuchiatal, (Nainital)
Due Diligence Report
Document Stage: Due Diligence Report ADB Loan No: 2833 IND Tranche II (Project 2) Package No: UK/IDIPT/BHT/02 May, 2014
INDIA: Infrastructure Development Investment Programme for Tourism, Uttarakhand,
SUB PROJECT: Amelioration of Lake Naukuchiatal, (Nainital)
During transect walks conducted in June, 2013, not a single person, structure; CPR could be identified to be impacted. According to policy and guidelines of ADB, it is therefore a category C sub project
Prepared by the Government of Uttarakhand for the Asian Development Bank
This DDR 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.
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ABBREVIATIONS
ADB Asian Development Bank AP Affected Person APD Additional Program Director BPL Below Poverty Line CBO Community Based Organization CLC City Level Committee CRP Common Resource Person DSC Design and Supervision Consultant DDR Due Diligence Report DP Displaced Person DPR Detailed Project Report EA Executing Agency EAC Expert Appraisal Committee ESMC Environment and Social Management Cell GoI Government of India GoUK Government of Uttarakhand GRC Grievance Redress Committee KMVN Kumaun Mandal Vikas Nigam IDIPT Infrastructure Development Investment Program for Tourism IR Involuntary Resettlement LAA Land Acquisition Act LGC Local Grievance Committee LSGD Local Self Government Department MFF Multi Trench Financing Facility MPR Monthly Progress Report NGO Non Governmental Organization NOC No Object Certificate NRRP National Resettlement and Rehabilitation Policy OMC Operation and Maintenance Contractors PAF Project Affected Family PAH Project Affected Household PIU Project Implementation Unit PMU Project Management Unit RP Resettlement Plan SC Scheduled Castes SDS Social Development Specialist SHG Self Help Group SO Safeguard Officer SPS Safeguards Policy Statement ST Scheduled Tribe UTDB Uttarakhand Tourism Development Board
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TABLE OF CONTENTS
I. INTRODUCTION ...... 3 A. BACKGROUND: ...... 3 B. PRESENT STATUS OF SITE: ...... 4 C. SCOPE OF THIS REPORT: ...... 5 D. REQUIREMENT OF DUE DILIGENCE REPORT ...... 6 E. PROJECT IMPACT AND OUTCOME: ...... 6 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 7 III. INDIGENOUS PEOPLES ...... 7 IV. GENDER ISSUES ...... 7 V. PUBLIC CONSULTATIONS ...... 7 VI. FINDING ...... 8 VII. OTHER SOCIAL MEASURES AND RECOMMENDATIONS ...... 9 VIII. CONCLUSION ...... 9
LIST OF ANNEXURE
ANNEXURE I: LOCATION MAP ...... 10 ANNEXURE II: LAYOUT MAP FOR COMPRESSORS LOCATION ...... 11 ANNEXURE III: THEMATIC MAP ...... 12 ANNEXURE IV: NOC FROM KMVN ...... 13 ANNEXURE V: NOC FROM IRRIGATION DEPARTMENT ...... 14 ANNEXURE VI: NOC FROM JAL SANSTHAN ...... 15 ANNEXURE VII: NOC FROM PRIVATE STAKE HOLDER FOR ACCESS ...... 16 ANNEXURE VIII: CONSULTATIONS WITH STAKEHOLDERS ...... 17 ANNEXURE IX: SCREENING QUESTIONS FOR RESETTLEMENT CATEGORIZATION ...... 24 ANNEXURE X: TRANSECT WALK SCHEDULE ...... 26 ANNEXURE XI : PROJECT SITE PHOTOGRAPHS ...... 28 ANNEXURE XII: SUMMARY POLICY FRAMEWORK ...... 29 ANNEXURE XIII: CONSULTATION AND DISCLOSURE ...... 31
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I. INTRODUCTION
A. Background:
1. The Infrastructure Development Investment Program for Tourism Financing Facility (the Facility) will develop and improve basic urban infrastructure and services in the four participating states of Himachal Pradesh, Punjab, Uttarakhand and Tamil Nadu tosupportthe tourism sector as a key driver for economic growth. It will focus on: (i) strengthening connectivity to and among key tourist destinations; (ii) improving basic urban infrastructure and services, such as water supply, road and public transport, solid waste management and environmental improvement, at existing and emerging tourist destinations to ensure urban amenities and safety for the visitors, and protect nature and culture based attractions. Physical infrastructure investments will be accompanied by:(iii) capacity building programs for concerned sector agencies and local communities for better management of the tourist destinations and for more active participation in the tourism related economic activities, respectively.
2. Naukuchiatal Lake is also known as the ‘nine cornered lake’. It is believed that someone who can see all the nine corners of the lake at a glance attains ‘nirvana’, which refers to profound peace of mind. The underwater spring maintains the water level of the lake throughout the year. Tourists can enjoy activities like boating in Naukuchiatal Lake, and paragliding in the surroundings of the lake. Bhimtal, known for lakes, is a prominent tourist destination located at a distance of 4 km from here. Another prominent attraction is Sattal, a group of seven interlinked lakes, which is located at a distance of 6 km from Naukuchiatal.
3. The hills of Uttarakhand have been a favorite destination for the tourists of all spectrums viz, religious, education, natural, adventure etc. Naukuchiatal naturally attracts tourists being closest to Delhi and other parts of the country in the mountain ranges of Kumaon in Uttarakhand. Spectacular lake with lots of history attached to it is thus has great potential to earn revenue through tourism.
4. Location of the Project Site: The Naukuchiatal or the lake with nine corners is situated about 320 km from the Delhi and 25 km east of Nainital on Bhowali Bhimtal Naukuchiatal road. The nearest railway station is Kathgodam (30 kms), while the nearest airport is Pantnagar (60 Kms). It is the deepest lake of Nainital district famous for its serenity and idyllic ambiance. Naukuchiatal Lake is considered as a perfect place for mountain biking, fishing and Para sailing. The banks of this magnificent lake offer a nice walkway with the colourful display of the most beautiful birds, orchids and flowers. At Naukuchiatal one can plan a lot of things like swimming, boating or meditation or else simply sit by side of the lake and switch out one’s imagination. The location map of project area is given in Annexure I.
5. Overview of the project area: The subproject area lies in Bhimtal block of Nainital District. There are five revenue villages situated in the immediate catchment of Naukuchiatal Lake. These are Thaplia Mehragaon, Bohragaon, Chanauti, Siloti and Naul. The population of these villages is about 1780 with a total no. of 377 households.. The demographic data of Nainital District and project area villages are summarized in the
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Tables 1 and 2 respectively.
Table 1: Demographic profile of Nainital District
S.No Nainital Total House Population District holds Total Male Female SC ST 1 Rural 114954 582871 299257 283614 137906 5780 2 Urban 76429 371734 194409 177325 53300 1715 3 Total 191383 954605 493666 460939 191206 7495 Source: Census data, 2011 of Nainital District, Department of Statistics
Table 2: Demographic profile of project area villages
Total House Population S.No Villages holds Total Male Female SC ST 1 ThapaliaMehragaon 141 735 389 346 47 0 2 Bohragaon 66 295 148 147 69 0 3 Siloti Pant 75 284 157 127 90 0 4 Chanoti 43 236 125 111 0 0 5 Naul 52 230 124 106 28 0 Total 377 1780 943 837 234 0 Source: Census data, 2011 of Nainital District, Department of Statistics
6. The people of these villages are directly dependent on tourism based activities for their livelihood. More than 200 households of these villages are engaged in the tourism activities like boating, horse riding, taxi driving, restaurant, guesthouses, photography, general store, sale of local produce etc. The months of May and June are the peak tourist season when majority of the tourists (8 to 10 lakh (about 80%) visit the lake during the year. Around 15 lakh tourists visit the area mainly during the summer and autumn seasons.
B. Present Status of Site:
7. The Naukuchiatal Lake has been adversely affected due to heavy construction activities and brazen flouting of rules by the private contractors as well as the trash that is being dumped into the lake by the tourists and small shops as well as kiosk owners near the lake. Most of the buildings that have been constructed in Naukuchiatal are very close to the lake’s shore. During the British time, no construction activity was allowed within a belt of 50 yards above the highest water line level. This was mandatory. Presently, the Lake Development Authority also does not permit construction upto 10 m from the shores of the lake, but this rule is being openly flouted in Naukuchiatal and other lake areas.
8. At present, the Naukuchiatal Lake is polluted with blooms of algae and organic matter due to disintegration of leaves, stems from trees surrounding the lake. The density of
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algae observed is about 50 x 105 Cells/I. The transparency in the lake is very poor and hypolimnion is devoid of oxygen. The concentration of ammonia, hydrogen sulphide, phosphorous and methane is high. Lake Bottom remains anoxic during the time of stratification which lasts for a period of 9 months in a year. The lake has experienced mass mortality of fishes especially during the winter months. Bottom sediments contain very high concentration of undesirable organic materials/compounds. Overall, the water of the lake is not suitable for aquatic life purpose.
C. Scope of this Report:
9. Physical works associated with this subproject will involve the provisions of: a) Installation of Three compressors at three locations. b) Installation of: (i) Self sinking tubes to connect these with the diffusers at one end and the manifold at the other. (ii) Gas chamber to connect Compressors to manifolds. (iii) Other accessories that will fasten major parts together. c) Construction of three shelters to house Compressors and manifolds. d) Bio Manipulation of Lake Naukuchiatal
10. It is proposed to install aerators in the lake which will increase the DO levels in the lake, decrease concentration of toxic gases like carbon dioxide, ammonia, hydrogen sulphide and methane. It will also help in decreasing in the production of algae and thus, the transparency of lake water in the will increase. Overall, installation of aerators in the lake Naukuchiatal will improve the water quality.
11. The system to be used for the aeration of the lake shall comprise of three compressors which will be connected to aeration discs, out of 39 aeration discs, 13 discs with each compressor will be placed in each basin. The compressors will be housed in three separate buildings. Layout map and thematic map showing locations of aerators is given in Annexure-II & III. The compressors will be operated as per requirement, based on the concentration of the dissolved oxygen, thermal stratification, season, etc. The aeration discs will send billions of the tiny bubbles up in a water column (size of bubble 0.08 ). As a result, the oxygen will be distributed in the whole water column. The availability of oxygen in the bottom region will block the release of nutrients, thus, reducing the nutrient levels in the euphotic zone. Within a few years the eutrophication level of the lake will be reduced at large.
12. Bio manipulation in cohesion with aeration would restore the lake ecosystem stable. Bio manipulation is a biological engineering which reconstructs the ecosystem by using biological as well as/ or nutrient reduction to reduce the algal crop. The Naukuchiatal Lake will be stocked with silver carp and mahseer. The stocking size and density will be based on the analysis of trophic niches and existing fauna. In first phase hatchery produced silver carp will be stocked aiming at reduction of phytoplankton population in the lakes. This will be followed by the stocking of golden mahseer, Tor putitora aiming at development of lake as angling tourism attraction. Proper balance of mahseer and silver carp will be maintained.
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D. Requirement of Due-Diligence Report
13. As there is no involuntary resettlement involved in this sub project, therefore preparation of RP is not required as it is category C w.r.t IR impact. , Hence, this brief due diligence report has been prepared for documentary proof only. This report summarizes the project impact and outcome with the copies of relevant maps and legal documents.
E. Project Impact and Outcome:
14. The project is not likely to have any adverse environmental impact on the project area and instead will have beneficial impact through the development of an environmentally sensitive approach.
15. The amelioration of Naukuchiatal Lake will help improve tourism, the major revenue earner for the state of Uttarakhand in many ways. This captivating tourist destination is situated at an elevation of 1300 m above sea level. The beauty of the lake and the adventure activities enjoyed in the region make Naukuchiatal a perfect holiday destination. Birding is one of the popular activities of the region as this place is home to various species of birds and butterflies. Travelers can indulge in other interesting activities as well, such as boating, swimming, and angling in the lake of the village. Moreover, mountain biking is an adventure sport that attracts several tourists to this lake village, which gives them an opportunity to explore the virgin areas of Naukuchiatal.
16. The large water body can be developed as eco tourist Centre. Production and maintaining a good stock of fish can be a major source of income to the government. There is also scope for development of adventure water sports in the lake.
17. The intervention will enhance the eco system of the project area. Aeration integrated with Bio manipulation will enhance the aquatic eco sytem of the lake. The project has developed a holistic approach by treating the lake by aeration system in integrated manner with focus on tourism development. It will promote livelihood opportunities to the local community and increase the economic status of the people. The project will also build the capacity of primary and secondary stakeholders by having training on environmental and livelihood aspects
18. The proposed outcome from the project activities are summarized below: The subproject is expected to increase the tourist inflow, generate employment opportunities for young people and for people interested in surrounding villages. As tourism activities increase, there will be more opportunities for development of retail trade, restaurant and entertainment options, transport services and this will generate more income. It will provide opportunities for the residents of nearby villages to interact with different people, lifestyles and cultures. Overall, improving basic infrastructure and services will definitely attract people and provide a rich experience for tourists, economic benefits to the local people and project area.
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Amelioration of Lake Naukuchiatal, (Nainital)
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
19. The subproject will not entail any permanent land acquisition and resettlement. Efforts have been made by the team to minimize the resettlement impact through careful design as all the implementation activities under the subproject will be confined to the existing place. The location considered for the subproject is within the area designated for eco tourism as part of developing Uttarakhand conservation, heritage, natural and cultural attractions, and are outside areas demarcated for habitat protection and conservation.
20. As per design it will not have impact to structures (residential and commercial), and common properties. No social impact during implementation is perceived. Therefore, it is proposed that works should be carried out phase wise, so that disturbance could be minimized.
21. As per baseline survey conducted, there is no physical or economic, temporary or permanent, IR impact. No person or community is being adversely affected by this sub project, rather, the tourists and local community who visit this spot will be benefited. No land or asset acquisition is necessitated in this sub project. So people and communities will not be physically or economically displaced due to the sub project interventions. No CPR will affected andpoor, indigenous and other ethnic groups are also not being adversely affected.
III. INDIGENOUS PEOPLES
22. Since there are no indigenous people present in the project area, there will be no impact on Indigenous peoples (IPs). All the proposed construction activities will be done on the Government land and existing premise of KMVN. This is categorized as “C” for Indigenous Peoples. No Indigenous peoples Plan (IPP) will be needed for this sub project.
IV. GENDER ISSUES
23. The project will not have any adverse impact on status of women except some positive potential employment scope. However, as a part of social due diligence, focused group discussions were conducted with the women groups in the surrounding villages of the project site to create awareness among them regarding developmental activities and their livelihood opportunities which are likely to come up.
V. PUBLIC CONSULTATIONS
24. The DDR was prepared in consultation with the stakeholders. Meetings and individual interviews were held by involving all stakeholders. Consultations have been made with the District Administration, Department of Tourism, KMVN, LDA, public representatives of project area villages, hotel owners, villagers of concerned five project area villages
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and tourists on project orientation, issues pertaining to conservation and management of lake ecosystem, land acquisition problems and addressing the current gaps in provision of basic services and improvement of tourist infrastructure.
25. Public consultation with primary and secondary stakeholders has been conducted to understand the local issues and public views including possible impact of the project. The issues like, awareness and extent of the project and development components, benefits of project for the tourists as well as community, labor availability in the project area or requirement of outside labor involvement, local disturbances due to project construction work, necessity of tree felling etc. at project sites, water logging and drainage problem if any, drinking water problem, forest and sensitive area near by the project site etc.
26. During subproject preparation, consultations were held with the official representatives of the line agencies, and also the communities from near by project area. None of the community members opposed the sub project. Summary of consultation meetings is enclosed as Annexure VIII.
VI. FINDING
27. In this Sub Project intervention, full or partial, permanent or temporary, physical and economic displacements are conspicuously absent. There are no Project Displaced Persons (DPs); no land or structure is impacted, no common property resources are affected.
28. The proposed project does not have any adverse impact on the status of women and/or girls or to widen gender inequality. The subproject will not have any physical or economic displacement. Details one ach component and its impact is given in theTable3.
Table 3: Subproject Components and its impact on Land acquisition and resettlement
Sl. Name of the Impact on Land acquisition Remarks No. Components/Works and resettlement Permanent Temporary 1. Construction of No No The site belongs to Irrigation Compressor rooms department, Jal Sansthan, KMVN and Revenue Department. 2. Installation of Aeration No No Aeration equipment will be installed in equipment. the compressor rooms. The site belongs to Irrigation department, Jal Sansthan, KMVN and Revenue Department. 3. Bio manipulation of No No It will be carried out in the lake. the Lake
29. Even nobody’s livelihood either temporarily or permanently is likely to be affected. This subproject has been categorized as “C” for Involuntary Resettlement (IR) impact as per the ADB’s Safeguard Policy Statement, 2009 (SPS).
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VII. OTHER SOCIAL MEASURES AND RECOMMENDATIONS
30. Although there is no land acquisition and resettlement impact in this sub project, the contractor shall ensure that the construction staff shall adhere to the following code of conduct while undertaking construction activities:
No person shall carry the activity which is harmful to migratory birds or the eggs, nests or habitat of migratory birds, bio diversity of the lake catchment except under supervision and authority of a permit; Regular removal of trash from Naukuchiatal Lake on scheduled clean up days; Entire area will be declared as plastic free, smoking free and silence zone and sign boards for the purpose should be displayed at work site Swimming, bathing and washing clothes by the workers in the lake will be strictly prohibited. Cutting and collection of fuel wood by the construction workers from the forest should be strictly prohibited Prior to commencement of site activities and mobilization on ground, the Contractor will prepare and get approved by the Engineer in Charge, circulation plan during construction for safe passage of tourists/pilgrims during construction stage, including development of alternative access routes, traffic regulations, signage, etc., during construction. The Contractor with the support of the PIU will carry out dissemination of these information and circulation plan at key entry points to the respective destinations.
VIII. CONCLUSION
31. It is concluded from this due diligence study that the proposed infrastructure improvements will not change substantially of the present land use; there will be no issue of land acquisition and resettlement related to this subproject. All development works will be done on vacant government land or on existing campus of KMVN, which has issued NOC. Due to project intervention, there will be no loss of income of any person or any assets, either privately owned or publicly owned. However, incase any claims or complaints are submitted during the construction period, an effective and efficient Grievance Redress Mechanism, has been formed which will enhance provision of timely and sensible hearings and facilitate solutions. This information has also been disseminated during public consultations with stakeholders including villagers in nearby villages.
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ANNEXURE I: LOCATION MAP
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE II: LAYOUT MAP for COMPRESSORS LOCATION
KMVNGuest Resort
House Site
Compressors location for LakeNaukuchiyatal
Pump House
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE III: THEMATIC MAP
32.
Layout map showing theposition of compressors and aeration disks
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ANNEXURE IV: NOC FROM KMVN
NOC received from Managing Director, KMVN Mr. Deepak Rawat (IAS) regarding granting permission for carrying out renovation and other development works at TRH Parichay Complex.
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE V: NOC FROM IRRIGATION DEPARTMENT
NOC received from Chief Engineer (North), Irrigation Department, Mr. D. C. Singh regarding granting permission for carrying out Aeration and Bio Manipulation Works in Naukuchiatal Lake
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE VI: NOC FROM JAL SANSTHAN
NOC received from Executive Engineer, Uttarakhand JalSansthan, Mr. JagdeepChowdhary regarding granting permission for Installation of Compressor and Construction of Compressor Housing at their Pump house location.
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE VII: NOC FROM PRIVATE STAKE HOLDER FOR ACCESS
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE VIII: CONSULTATIONS WITH STAKEHOLDERS
S.No. Place Date Consulted Issues discussed / Output Received persons/ Community 1. LDA Office, 05.04.2013 Mr. C. M. Shah and Project Orientation and collected Nainital team, Executive information regarding Naukuchiatal and Engineer tourism problems 2. DM Office, 14.05.2013 MsNidhi Mani First Expert project Monitoring Committee Nainital Tripathi, IAS, DM meeting regarding project orientation and Nainital land acquisition and legal issues for implementation of project activities. 3. New TRH, 04.06.2013 Manger, New TRH Appraise the project activity to the local Siloti and Local community. Received feedback/perception Community of community in successful implementation of the project. 4. Chanoti & 04.06.2013 Local Community Appraise the project activity to the local Siloti and Activity groups community. Received feedback/ perception of community in successful implementation of the project.
5. KMVN, 07.06.2013 Mr. Deepak Rawat, First meeting regarding project orientation Nainital IAS, MD, KMVN and land acquisition and role of KMVN in successful implementation of the project activities 6. Siloti 25.06.2013 Local Community Discussions with local community related and Activity Groups to well being ranking and piloting of baseline survey. 7. Siloti and 30.06.2013 Local Community Collected information about tourism Chanoti and tourists facilities and services available in the vicinity of Naukuchiatal. 8. Lake view 02.07.2013 Stakeholders Meeting with hotel owners and activity resort and groups about problems faced by them and Chanoti their participation in the project activities. 9. Thapaliameh 03.07.2013 Local community Identification of potential livelihood ragaon opportunities and receiving their perception and suggestion for subproject. 10. DM Office, 05.07.2013 Mr. A. S. Hyangki, First Expert project Monitoring Committee Nainital DM, Nainital meeting regarding project orientation and land acquisition and legal issues for implementation of project activities. 11. TRH 23.07.2013 Mr. Shirish Singh, Project Orientation and issues related to Parichay GM, KMVN land acquisition for installation of compressor in KMVN site. 12. TRH 20.12.2013 Various DPR Orientation and issues related to Parichay stakeholders environmental impact, public participation and project implementation. (Report enclosed Below Annexure VIII A, B, C)
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE VIII A
Report on Public Consultation Meeting, Naukuchiatal, 20th December 2013.
Participants: (ANNEXURE VIII B)
Approximately 45 persons attended the meeting, held in the grounds of Parichay Guest House, Naukuchiatal from 11.30 am till 1.30 pm. They included:
1. Representatives of 4 villages, Chanauti, Silloti, ThapeliyaMehragaon and Naul - Representatives of Gram Panchayats - Women’s Group - Representatives of Boating Association - Representatives of farmers community - Representatives of transport and tourism operators - Students - Representatives of civil society 2. Representative of KMVN: GM, KMVN and team 3. Manager, Parichay Guest House 4. APD, DRDA, Nainital 5. Representatives of PIU, Bhimtal 6. Representatives of DSC, Bhimtal, DrYaamineyMubayi, PRIMA ACS, New Delhi
Discussion Points:
As per the agenda, the meeting began with an introduction to the projects, viz. the programme for aeration and improvement of Naukuchiatal Lake via installation of an aeration plant, and the restoration and adaptive reuse project for TRH Parichay. The participatory approach involving consultations with local communities to achieve a consensus based roadmap for development in the area, was explained and discussed.
It was explained to the gathering that the aim of the project was to not simply upgrade tourism infrastructure, but also enable visitors to stay in the vicinity for a longer period and create greater employment and revenue generation opportunities for the local communities.
The significance of TRH Parichay as a historic building and its association with the local communities over the past century was acknowledged and supported by the gathering. It was considered appropriate that the complex should become a vehicle for showcasing and promoting the local culture following restoration. Thus, the choice of TRH Parichay as a focal point for various programs and activities that would have a greater involvement of local communities, build local livelihoods opportunities and become a platform for greater interaction between visitors and community members, was an argument that was received with approval and enthusiasm by the participants.
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Amelioration of Lake Naukuchiatal, (Nainital) The details of the plans for restoration and reuse of the Parichay complex, were discussed as follows:
1. Curio Counter: A shopping counter at Parichay Guest House would provide an appropriate window for sale of locally manufactured Kumaoni products and would generate income as well as encourage diversification of agricultural produce in the area. The products for display and sale at the Curio Counter should include locally manufactured crafts products, including bamboo products, aepen paintings, knitted items and textiles as also food and agricultural products including rice, dals, mandua flour, spices, ghee and dairy products and chutneys and jams. These products could be sourced through the activities of SHGs set up by the DRDA, as also through collaborations with local NGOs working in the area. Training in jam and chutney making, organic farming and textiles and bamboo work can be provided under the program in collaboration with appropriate institutions. The Curio Counter could be managed by the existing staff of the complex, although training in online accounts, stock keeping and updating of the website should be provided to them. The proposals were received with approval by the gathering.
2. Cafeteria/Restaurant – “Kumaoni Rasoi”: It was debated whether selected Kumaoni items should be catered by a local women’s SHG, the food cooked in their homes and transported to the Parichay complex, or else a cooking counter be provided in the existing kitchen for the SHG members to cook on site. The viability of providing Kumaoni dishes to visitors, in addition to the regular menu was also discussed. The following solutions emerged from the discussion:
- To begin with, a simple questionnaire should be circulated amongst existing visitors regarding their preference for Kumaoni dishes as a food choice. - Taking the feedback for at least one month, if even 50% visitors expressed a positive desire for the dishes, a menu choice of a pre fixed Kumaonithali with about 4 5 items, may be offered to visiting groups. - Timings for serving the Kumaoni thali should be fixed to avoid inconvenience to the catering SHG. - Initially the food may be cooked in the homes and transported to the complex kitchen daily for serving. If there is a significant increase in orders, a cooking counter on site may be envisaged. - The SHG should be sub contracted by KMVN directly. Training in catering, hygiene and presentation via a local hotel management institute should be provided to the SHG.
3. Amphitheatre: The participants unanimously supported the idea of cultural performances of Kumaoni dance and music forms like Chhaliya, Jhora, Jaagar, Ramaul etc. They were appreciative of the idea of a Cultural Calendar involving local festivals like Harela and Sharadotsav, with regular performances which would be open to the local village communities. The events should be ticketed and rates can be varied based on online booking by visitors, with discounts being given to resident guests. Local communities, especially schoolchildren, should be encouraged to attend via concessional rates.
The concerns expressed by the women’s group, especially by senior member Jeevanti Devi, largely involved their financial vulnerability and inability to invest personal money in a business
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Amelioration of Lake Naukuchiatal, (Nainital) venture. They were assured that following their organisation and registration as a SHG, they would have access to financial assistance in terms of any credit requirement via DRDA schemes and the local Grameen Bank, and would not be required to offer any personal funds. They enthusiastically supported proposals for training and were open to capacity building measures.
The second major project discussed at the meeting was the aeration plant and the environmental issues concerning the Naukuchiatal Lake. A senior community member, Shri S.D. Sharma, explained the historical background of various measures to promote fisheries development in the lake. He stated that traditionally, species like Mahasher were naturally found in the lake. About 2 decades ago, a new species, Grass Carp, was introduced primarily to consume excess weeds in the lake. This was a destructive species which also consumes various beneficial grasses and plants that were necessary food for the valuable species, as also providing oxygen required by the fish. Thus, during winters, due to low oxygen in the deeper parts, the fish was forced to come to the surface to breathe where they were caught and killed by local fishermen. This led to a great depletion of valuable fish stock. The participants proposed a multi pronged approach consisting of various measures to improve the environmental health of the lake, in addition to the aeration plant, which would in principle, be a useful measure. These are:
1. Remove the Grass Carp, as it is a destructive species creating environmental imbalance in the lake. 2. Plant beneficial plants and grasses for oxygenation and provision of food for the valuable species. 3. Desilting of the lake is required, as there is a lot of silt, dead leaves and malba from construction activities around the lake. This is harmful to the fish life in the water. 4. Traditionally, there was a system of overflow from the lake that enhanced the oxygen content of the water. This should be restored. 5. The overflow discharge channel from the lake had created the subordinate water body called Kamal Taal (Lake of Lotuses), which had been silted over and destroyed in recent times. This should be restored, as it is a valuable collection of species of lotus and a tremendous attraction for visitors. This point was unanimously endorsed by the community.
The leader of the Boatmen’s Association, Mr Paladiya, suggested that a walking trail be developed around the lake, to showcase the biodiversity in the area. He explained that there should be controls on construction in the vicinity of the lake, as it was damaging the environment. Another suggestion by the community was that roads in the area should be improved and upgraded to attract visitors.
The community was open to the idea of home stay and home food outlets, provided adequate regulations were put in place to protect the safety of the village settlements, as also ensure an authentic experience for the discerning visitors.
They were enthusiastic about organising environmental and cultural awareness campaigns to highlight the rich cultural and environmental resources of the region.
The meeting ended with a vote of thanks by the Team Leader of DSC, Bhimtal.
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE VIII B
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Amelioration of Lake Naukuchiatal, (Nainital)
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ANNEXURE VIII C
Public Consultation at TRH Parichay on 20 12 Public Consultation at TRH Parichay on 20 12 2013 2013
Public Consultation at TRH Parichay on 20 12 Public Consultation at TRH Parichay on 20 12 2013 2013
Public Consultation at TRH Parichay on 20 12 Public Consultation at TRH Parichay on 20 12 2013 2013
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE IX: SCREENING QUESTIONS FOR RESETTLEMENT CATEGORIZATION Not Pos Probable InvoluntaryResettlementEffects* Yes No Know sibl Remarks Will the project include any physical construction work? √
Does the project include upgrading or rehabilitation of existing √ Are any project effects likely leads to loss of housing, other √ Is land acquisition likely to be necessary? √
Is the site for land acquisition known? Not required
Is the ownership status and current usage of the land Not required known? Will easements be utilized within an existing Right of Not required Way? Are there any non titled people who live or earn their livelihood at √ Will there be loss of housing? √
Will there be loss of agricultural plots? √
Will there be losses of crops, trees, and fixed assets? √
Will there be loss of businesses or enterprises? √
Will there be loss of incomes and livelihoods? √
Will people lose access to facilities, services, or natural √ Will any social or economic activities be affected by land use √ If involuntary resettlement impacts are expected: Not required
Are local laws and regulations compatible with ADB’s Not required Involuntary Resettlement policy? Will coordination between government agencies be Not required required to deal with land acquisition?
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Are there sufficient skilled staffs in the Executing Not required Agency for resettlement planning and implementation?
Are training and capacity building interventions Not required required prior to resettlement planning and implementation?
*Whenever possible, consider also any future subprojects or investments.
Information on Affected Persons:
Any estimate of the likely number of households that will be affected by the Project?
[ ] No [ ] Yes If yes, approximately how many? Not Applicable
Are any of them poor, female heads of households, or vulnerable to poverty risks?
[] No [] Yes If yes, please briefly describes their situation: Not Applicable
Are any APs from indigenous or ethnic minority groups? If yes, please explain? NotApplicable
Project Categorization and Resettlement Planning Requirements [ ] Category A, Significant IR impact, a full Resettlement Plan is required. [ ] Category B, Non significant IR impact, a short Resettlement Plan is required. [√] Category C, No IR impact, no resettlement report is required.
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Amelioration of Lake Naukuchiatal, (Nainital) ANNEXURE X: TRANSECT WALK SCHEDULE
1. NAME OF THE SITE: Naukuchiatal 2. NAME OF THE SUB PROJECT: Amelioration of Lake Naukuchiatal 3. NAME OF THE SURVEYOR: 4. DATE OF SURVEY: 04.06.2013 5. TRANSECT WALK 6. LOCATION ADDRESS: Naukuchiatal
7. LAND USE IN &AROUND THE NAUKUCHIATAL SITE Residential [ ] Commercial[ ] Institutional[ ] Agricultural[ ] Mixed[ √ ] Please describe:
The Naukuchiatal Subproject area is situated in the lesser himalayas or Shivalik zone. The Subproject area has sub temperate climate with hilly terrain. The altitude of the area is between 1200 to 1900m above Mean Sea Level. The major land use includes forests (oak and pine forests), agriculture, horticulture, wastelands and habitations. The proposed work will be carried out in the lake. The ownership of the entire lake area is vested with Irrigation department. NOC has already been obtained from Irrigation Department.
8. SETTLEMENT PATTERN IN & AROUND THE NAUKUCHIATAL SITE Linear [ ]
Scattered [ √ ] Vacant [ ]
9. DENSITY OF POPULATION IN & AROUND THE NAUKUCHIATAL SITE High [ ]
Medium[ ] Low[ √]
10. SOCIO ECONOMICACTIVITIESIN&AROUNDTHENAUKUCHIATALSITE
The rural economy is largely agriculture and tourism based with almost 100% practice agricultural and allied activities like horticulture, and livestock, Non Agricultural economic activities includes tourism related activities like boat keeping, horse keeping, restaurant, selling of wild edibles, fruits etc, skilled and unskilled labor in construction works, Government service, private jobs, shop keeping, tailoring, transport service etc. Youth unemployment in the project area is high among illiterates and those below 10th class pass than among those with higher education. The average income of each household engaged in tourism activity is INR 10,000 per month. As per livelihood portfolio survey done by the team during public consultation meet, around 60 households are involved in boating with more than 150 boats, 15 households mainly scheduled caste are involved in horse riding, 40 families associated in hotel/guesthouse enterprise, 15 household manage restaurants and teashops, 4 person practice photography and 8 households having general store. There is huge potential of tourism development in the area which will provide more employment to the local youth and improve the livelihoods security of local community.
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Amelioration of Lake Naukuchiatal, (Nainital) 11. HISTORICAL SITES/ MONUMENTSIN &AROUND THENAUKUCHIATALSITE
There are no historical sites or monuments in and around the site.
12. RELIGIOUS PLACES IN&AROUNDTHENAUKUCHIATALSITE There are two religious places in and around the site. These are the Bhakti dham charitable Trust (having temples and ashram) and Harki Pairi.
13. EDUCATIONAL INSTITUTIONS IN & AROUND THE NAUKUCHIATALSITE There are two educational institutions in and around the site. These are Govt. High School, located at Siloti and privately owned Templeton Academy located in Thapalia Mehragaon. Both are locatedabout1 km. away from the lake.
14.APPROXIMATE : Distance between the Naukuchiatal site and residential/ commercial/ institutional permanent/semi permanent/ temporary structures:
There are five revenue villages situated in the immediate catchment of Naukuchiatal Lake. These are ThapliaMehragaon, Bohragaon, Chanauti, Siloti and Naul. All these villages are locatedwithin a periphery of1 km.fromthelake.
15. NUBMER OF ENCROACHERS IN & AROUND THE NAUKUCHIATAL SITE (If any): NIL
16. NUMBER OF SQUATTERS IN & AROUNDTHENAUKUCHIATALSITE (If any): NIL
17. NUMBER OF PEOPLE WHO’S LIVELIHOOD MIGHT GET AFFECTED: NIL
18. NUMBER OF PEOPLE TALKED TO WHILE CONDUCTING THE TRANSECT WALK: During transect walk ,consultation held with, the hotel owners and the community of village Thapalia Mehragaon, Siloti, Chanoti and Bohragaon.
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ANNEXURE XI : PROJECT SITE PHOTOGRAPHS
View of Lake from TRH Parichay Unwanted growth in the lake
Boating Stand Solid waste along lake shore
Boating Stand Solid waste along lake shore
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ANNEXURE XII: SUMMARY POLICY FRAMEWORK
1. Policy and Legal Framework
The policy framework and entitlements for the Program are based on national laws: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013and ADB’S Safeguard Policy Statement, 2009 (SPS). The salient features of Government and ADB polices are summarized below.
2. Government Policy
a. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(The Central Government has notified January 01, 2014 as the effective date of the act,)
The act provides for transparent process and fair compensation to land owners and those affected by land acquisition, for land acquired for public purpose. In determining market price, (Sec 26 read with 1st Schedule) the land owner in urban area will get twice, due to the 100% solatium and in rural area, the multiplying factor is 1 to 2 depending on distance from nearest urban centre, to be notified by appropriate government, and then 100% solatium.
Traditionally R&R has been in the form of a one time compensation, which was decided using the last registered sale or a similar sale in the vicinity of the land as a base. After the proposed project is set up, the land prices rise owing to the benefits of the development. This creates considerable dissatisfaction amongst the displaced people. To prevent such issues, the entire R&R package stipulates the provision of employment by the project owner in cases where jobs are generated by the project and basic infrastructure including drinking water, individual electric connections, health centreetc for the resettled. Over and above this, delivery of the compensation and the R&R are proposed to be preconditions to the transfer of the land title.
The procedure for acquisition and R&R will include a Social Impact Assessment (SIA) which will cover the investigation of public purpose, minimum extent of land required thereof, estimation of displacement and social impact on affected families apart from the overall cost versus benefit analysis for the proposed project.
The act restricts the use of emergency clause to defense, national security and natural calamities.
Since there is no land acquisition in “legal terms” in this subproject, therefore this is not applicable.
However, according to the new Act, certain provisions have been made for the DPs which have been included in the R&R budget. They are as follows:
Transportation cost for displaced families Each affected family which is displaced shall get a one time financial assistance of Rs. 50000/ as transportation cost for shifting of the family, building materials, belongings and cattle. In this case, commercial structure
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of one of the DPs will be demolished which will not result in displacement but will involve transportation of building materials salvaged. Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to Rs. 3000/ per month for a period of one year from the date of award. This is applicable to those families whose livelihood is primarily dependent on land acquired. In this sub project, the livelihood of DPs is not primarily dependent on land to be cleared. As such, assistance for temporary livelihood disruption is provided for six (6) months @ Rs. 3000/ per month. Each affected family having cattle or having a petty shop shall get one time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of Rs. 25000/ for construction of cattle shed or petty shop as the case may be. In this sub project, 3 petty shops will be impacted. A minimum of Rs. 25000/ each has been provided for these petty shops
3. ADB’s Safeguard Policy Statement, 2009 (SPS)
1. The three important elements of ADB’s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well being with the project as without it.
2. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:
(i) Involuntary resettlement will be avoided whenever feasible. (ii) Where population displacement is unavoidable, it should be minimized. (iii) All lost assets acquired or affected will be compensated. Compensation is based on the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development project or program. Affected persons need to be provided with sufficient resources to re establish their livelihoods and homes with time bound action in co ordination with civil works. (v) Affected persons are to be fully informed and closely consulted. (vi) Affected persons are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (vii) The absence of a formal title to land is not a bar to ADB policy entitlements. (viii) Affected persons are to be identified and recorded as early as possible to establish their eligibility, through a census which serves as a cut off date, and prevents subsequent influx of encroachers. (ix) Particular attention will be paid to vulnerable groups including those without legal title to land or other assets; households headed by women; the elderly or disabled; and indigenous groups. Assistance must be provided to help them improve their socio economic status. (x) The full resettlement costs will be included in the presentation of project costs and benefits.
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ANNEXURE XIII: CONSULTATION AND DISCLOSURE A. Consultation
Consultation and Participation. To understand the socio economic conditions of communities and residents around potential subproject sites, socio economic surveys will be conducted along identified tourist circuits. During subproject preparation, implementation, and monitoring of subproject results and impacts, APs and other stakeholders will be informed, consulted, and encouraged to participate actively in the development process.
Different techniques of consultation with stakeholders are proposed during project preparation: in depth interviews, public meetings, focus group discussions, meetings, etc. Consultations will be held with special emphasis on vulnerable groups and will include consultations with stakeholders such as: (i) Heads and members of households likely to be affected, through in depth interviews and survey questionnaires (ii) Groups/clusters of APs, elected representatives, at the urban local body (ULB)/ Panchayat levels (iii) Major project stakeholders, such as women, tribal and ethnic communities, local voluntary organizations and community based organizations, and NGOs through focus group discussions, town hall meetings, etc.,and (iv) Government agencies and departments through structured interviews and meetings.
Each RP will be prepared and implemented in close consultation with stakeholders and in accordance with methods described above. The SO will ensure that APs and other stakeholders are informed and consulted about the subproject, its impact, their entitlements and options, and encouraged to participate actively in the development process. This will be done particularly in the case of vulnerable individuals and groups, who will be courage to choose options that entail the lowest risk.
The PIU, with assistance of the Safeguard Specialist of the DSC and guidance from the Community/Social Development Expert of the PMU and Safeguard Specialist of PMC will ensure that any views of APs, particularly vulnerable APs, related to the resettlement process are looked into and addressed. Groups and individuals will be consulted and informed about the outcome of the decision making process, and they will be informed of how their views were incorporated. Towards enhancing public awareness on the increased tourism potential of the natural and cultural destinations being taken up under the Facility and the increased livelihood opportunities to the local communities from the tourism related activities, apart from improvement of infrastructure services in the destinations and the potential benefits in the quality of life—structured awareness campaigns will be undertaken.
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B. Disclosure
Information will disseminate to APs. Finalized RPs will be disclosed in ADB’s website, Tourism Department web site, PMU websites, and PIU or town websites; and information dissemination and consultation will continue throughout program implementation.
The Community/ Social Development Officer of PIU and Safeguard Specialist of DSC will conduct consultations and disseminate information to all APs. RPs will be translated into the local language and made available at offices of the: (i)Urban Local Bodies (ULBs); (ii)relevant local government line agencies; and (iii)PMU and PIUs. RPs will also be kept in the public libraries, accessible to citizens as a means to disclose the document and at the same time creating wider public awareness.
1. The RF and RPs will be disclosed in the following websites: Tourism Department, PMU,PIU, and ADB. The PMU will issue notification of implementation start dates for each sub project. The notice will be issued by the PMU in local newspapers one month ahead of implementation. This will create awareness of project implementation. The PMU and PIUs will provide information on IR policies and features of the RP. Basic information such as sub project location, impact estimates, entitlements, and implementation schedule will be presented in the form of a brochure that will be circulated among APs. Posters containing basic RP information will also be posted in different localities to increase awareness. Copies of RP summaries will be kept in the PMU and PIU offices and will be distributed to any AP consulting on resettlement issues.
2. An intensive information dissemination campaign for APs will be conducted by the PIU with assistance from Safeguard Specialist of DSC at the outset of RP implementation. All the comments made by the APs will be documented in the sub project records and summarized in sub project monitoring reports. A summary of consultation and disclosure activities to be followed for each sub project are in Table Below.
TABLE: CONSULTATION AND DISCLOSURE ACTIVITIES
Program Activities Details Responsible Phase Agency Investment Mapping of the Area to be mapped, clearly PMU in coordination with DC’s Program Program areas showing survey numbers of offices and other local bodies. Bridging titleholders of land/property Phase proposed for acquisition
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Program Activities Details Responsible Phase Agency Stake holder In the event of land DSC consultants along with identification acquisition/ resettlement SO in coordination with PIU required, sub project area to and support from DC’s office. be mapped, clearly showing survey numbers of title holders of land/ property proposed for acquisition Program/sub project Leaflets containing SO will approach DC with information information on subproject to required details and will be dissemination; be prepared by the DSC. involved in information Disclosure of dissemination proposed land acquisition Stakeholder Meetings at DSC consultants and SO with consultations community/household level assistance of PIU / DC’s with title holders of affected office/localrevenueofficialswillf land/property and their family acilitatemeetingstodisclosethei members during project nformationtoeachAP. scoping. Women’s participation in the project meetings, through sex disaggregated focus groups and meetings held at times conducive to women attendance. RP SIA surveys Carryout a 100% census SO with inputs from the Preparation survey, 100% socio Safeguard Specialist of the Phase economicsurveyforsubproject DSC. slessthan100APs, and 10% sample survey for subprojects with more than 100APs. Formulating Web disclosure of the RP. DSC consultants will compensation and Circulating copies of RPs to undertake all activities related resettlement all stakeholders including to circulation of RP. PIU will assistance APs, translating summary RP arrange public meeting of all measures in local language before stakeholders with APs for RP conducing final disclosure approval. meeting. Conducting public meetings for RP approval by APs.
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Program Activities Details Responsible Phase Agency Disclosure of final Public notice will mention the Notice will be issued from the entitlements and names and survey no's of DC’s office. rehabilitation title holders of land/property packages proposed for acquisition along with sub project details. Notice will be issued in local newspapers. RP Disclosure of RP Final RP reviewed and PMU Implementat approved by ADB, to be ion Stage updated/disclosed as per the disclosure requirements for the project Consultation with Meetings/discussions will be ULB/ panchayats will arrange APs during RP arranged with APs. required meetings implementation Households to identify help /discussions. required by APs during Designated staff from PIU will rehabilitation. participate.
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