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Resettlement Plan NEP: Earthquake Emergency Assistance Project Pipalbhanjyang-Haitar-Netrakali Road Project

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Resettlement Plan NEP: Earthquake Emergency Assistance Project Pipalbhanjyang-Haitar-Netrakali Road Project Resettlement Plan 49215-001 Loan: 3260 October 2017 NEP: Earthquake Emergency Assistance Project Pipalbhanjyang-Haitar-Netrakali Road Project Prepared by the Government of Nepal for Asian Development Bank (ADB). This resettlement 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. Your attention is directed to the terms of use section on ADB’s website. 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. iqrdswR ntrF{HrTfuTqrfufirq q{€'qr: fu6Yl b7 qsrfri: W Ftfr' RoeY-o\Flo frArdq snfqilo-rqfqtn{s'd, T6qqmrortrqvdrr|fr r3f dq{r cfcoW I frqq:u,T{dffiqdrffit q. dEr+1 i. q\q, FtF ?otgv/ovru oJ qrnre rrrkT ffifi ffiffir G,rf,rfu g-s$-Htrfi- q. q, agfruqrs (q Fdtrdg, erfr'td r+cns-orqdru-+rfiRfi q. fugil fuf,i frwf, R \ Erdfue.g, q ;T. ildrsl qr.sq frrF ?orsv-oQ-oY o1 wNqfe qrq qRrdw trwr offifr riErq++rffi-E$ef,- tduqrs (qv.qdq fudfca tfrfrfuffr errf'a tq-qffi{ R.qqF dFa) rililslqr. ?\o Frh ?obv-ote-qv +l wNqreffq{r+olqfuffir q<frFdt$-ftfi-ad$ Gc.cqq fudpE1), grf,rfu +mt{r ffiffir flrr+tc-v&-orqr (?q.qqq frrdtrfi I r riluf fuffir ermrfd Errsqn-d-qr+tc- qfRl-sm-slttrfr-ERqrd-TfsF'**pffi (c.?o ffifr4 I g{qfu msfl effirfd q\t+tqr Tfiffrs1 enFr Eqr us g{Fftdrr srfYoTqErc FrF ?obv/org/?\e qT TfiFd q\rfiA 3tkr Government of Nepal Ministry of Federal Affairs and Local Development Central Level Project Implementation Unit Earthquake Emergency Assistance Project Lalitpur, Nepal Earthquake Emergency Assistance Project (ADB Loan 3260-NEP) Detailed Project Report Pipalbhanjyang-Haitar-Netrakali Road Rehabilitation and Reconstruction Subproject, Sindhuli Section III: Social Safeguard Volume 2: Revised Resettlement Plan October, 2017 Prepared ByJoint Venture of: SILT Consultants, TSE, ECN, EC in association with Geocom International on behalf of AF-Iteco Ltd. Switzerland Table of Contents ABBREVIATION II GLOSSARY OF TERMS ...................................................................................................... III EXECUTIVE SUMMARY ..................................................................................................... IV 1 PROJECT DESCRIPTION ............................................................................................. 8 1.1 Scope of Land Acquisition ....................................................................................... 9 1.2 Losses of Structure .................................................................................................... 9 1.3 Losses of Trees .................................................................................................... 11 2. SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS ............................ 12 3. INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATION, DISCLOSURE..................................................................................................................... 15 4. GRIEVANCE REDRESS MECHANISMS ..................................................................... 16 5. RESETTLEMENT POLICY AND LEGAL FRAMEWORK ............................................. 19 5.1 Nepal Government Applicable Legal and Policy Framework ................................. 19 5.2 ADB‘s Involuntary Resettlement Policy Requirement ............................................ 23 5.3 Gap Filling between ADB and Government of Nepal Policies………………… 23 5.4 Key Difference between ADB Policy and GoN of Nepal Legal Framework………..23 6. ENTITLEMENTS, ASSISTANCE AND BENEFITS ....................................................... 27 7. RELOCATION OF HOUSING AND SETTLEMENTS ................................................... 28 7.1 Valuation and Compensation Determination ......................................................... 28 8. INCOME RESTORATION AND REHABILITATION PROGRAM .................................. 29 9. RESETTLEMENT BUDGET......................................................................................... 29 9.1 Compensation for land ...................................................................................... 29 9.2 Compensation for structures .................................................................................. 30 9.3 Compensation for standing crops ...................................................................... 30 9.4 Other Supporting Cost ............................................................................................... 31 9.5 Total Cost Estimate of RP ..................................................................................... 31 10. INSTITUTIONAL ARRANGEMENTS ........................................................................... 33 11. IMPLEMENTATION SCHEDULE ............................................................................. 34 12. MONITORING AND EVALUATION .......................................................................... 38 ii | P a g e APPENDICES ..................................................................................................................... 39 Appendix I: List of Affected Households .............................................................................. 39 Appendix II: Poverty Analysis of Interviewed Households ................................................... 39 Appendix III: Details on Land Compensation Estimation ..................................................... 39 Appendix IV:Details on Structure Compensation Estimation ............................................... 39 Appendix V: Details on Private Trees Compensation Estimation ......................................... 39 Appendix VI: Details on Fruits Trees Compensation Estimation .......................................... 39 Appendix VII: Details on Bamboo Clumps Compensation Estimation .................................. 39 Appendix VIII: Nepali Summary .......................................................................................... 39 Appendix IX: Entitlement Matrix for Resettlement Plan under EEAP ................................... 39 Appendix X: Consultation Meeting Minutes ......................................................................... 39 iii | P a g e List of Tables Table 1: Land required by the Subproject .............................................................................. 9 Table 2: Summary of Affected Plots along the Alignment ...................................................... 9 Table 3: Summary of Land Loss ......................................................................................... 10 Table 4: Structure Losses along the Alignment ................................................................... 10 Table 5: Affected Trees by the Road Alignment .................................................................. 11 Table 6: Summary of Affected Households by the Subproject ............................................. 12 Table 7: Food Sufficiency and Income level of the Affected Households ............................. 13 Table 8: Poverty Level of the Affected Households ............................................................. 13 Table 9: Key Difference between ADB Policy and GoN ....................................................... 25 Table 10: Details of Land Rate of the affected Plots ............................................................ 30 Table 11: Labor Requirement for Cutting and Transportation of Trees ................................ 30 Table 12: Summary of Harvesting and Transportation Cost of the Affected Trees .............. 31 Table 13: Budget for Resettlement Plan Implementation ..................................................... 32 Table 14: RP Implementation Schedule for Pipalbhanjyang-Haitar-Netrakali Road Subproject, Sindhuli ............................................................................................................................... 36 iv | P a g e ABBREVIATION ADB The Asian Development Bank AP(s) Affected Person(s)/People CDC Compensation Determination Committee CDO Chief District Officer CFUG Community Forest Users Group CLPIU Central Level Project Implementation Unit CoI Corridor of Impact DCC District Coordination Committee DLPIU District Level Project Implementation Unit DLRO District Land Revenue Office DMS Detailed Measurement Survey DISC District Implementation Support Consultant DSO District Survey Office DTO District Technical Officer EA Executing agency EEAP Earthquake Emergency Assistance Project FGD Focus Group Discussion GESI Gender Equality and Social Inclusion GoN Government of Nepal GRM Grievance Redress Mechanism Ha Hectare HHs Households IA Implementing Agency IR Involuntary Resettlement LRO Land Revenue Office LEST Livelihood Enhancement Skills and Training MoFALD Ministry of Federal Affairs and Local Development NRA National Reconstruction Authority NRs Nepalese Rupees RF Resettlement Framework RP Resettlement Plan SPS Safeguard Policy Statement SPAF Severely Project Affected Family sqm Square meter VDC Village Development Committee II | P a g e GLOSSARY OF TERMS Affected Persons All persons who as of the cut-off-date stand to lose for the project all or part of (APs) their land or other assets, irrespective of legal or ownership title. Cut-off Date The date of census survey to count the APs and their affected land and assets. Legalizable Those who
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