Resettlement Plan July 2009 NEP: Energy Access and Efficiency Improvement Project Prepared by: Nepal Electricity Connectivity and Energy Efficiency Project I 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. i NEPAL ELECRICITY AUTHORITY Durbarmarg, Kathmandu Draft Final LAND ACQUISITION AND RESETTLEMENT PLAN Prepared For Construction of 132 kV New T/L and Related Sub-station Works in Dumre-Damauli-New Marsyangdi Sub-station Section; Construction of 30 MVA, 132 kV/11 kV Sub-station at Chapali; and Construction of Eight New 33/11 kV, 6/8 MVA Sub-stations; and 3 New 11 kV Switching Sub-stations in Different Districts Prepared By: Nepal Electricity Connectivity and Energy Efficiency Project I NEA/ADB SSTA 7176: NEP Kathmandu, Nepal July 2009 ii Nepal Electricity Connectivity and Energy Efficiency Project SSTA 7176 NEP: LARP Glossary of the Terms Bigha There are three major units (Bigha, Kattha, and Dhur) used to measure and keep official record of land in Southern plain of Nepal known as Terai. One Bigha is equivalent to about 6869 sq.m. (Twenty Dhur makes one Kattha, and twenty Kattha makes on Bigha) Chief District Officer (CDO) There are 75 administrative districts in Nepal. Chief District Officers (CDO) are the Chief Administrative Officers of these districts. Among others, the responsibilities of the CDOs also include managing and maintaining district administration, law and order situation in the district, and implementing Land Acquisition and Resettlement Plan for the development projects to be implemented in the districts. Dalit (Minor Caste Group) Dalit is commonly known as untouchable in traditional Nepalese society. They belong to occupational and artisan group. Dalit Commission has defined dalit as, “the community discriminated on the basis of caste and marginalized in terms of social, economic, educational, political and religious sectors.” The Dalit caste, has further been divided into different groupings in accordance with socially prescribed type of works. For example, communities traditionally engaged in tailoring, or playing musical instruments, making shoes or communities involved in washing clothes, are given different family names in accordance to the type of traditional occupation they are involved with. District Development Committee There is one District Development Committee (DDC) in each administrative districts of Nepal to be headed by elected district level political leader. Janajati (Ethnic/Indigenous People) In broad, Nepalese indigenous population consist two major groups, the Indo-Nepalese, whose ancestors migrated into the country from the south and the Tibeto-Nepalese, whose ancestors entered Nepal from the north. There exist cultural, linguistic, and religious differences both between and within the two groups. Differences within the Indo-Nepalese grouped are marked more by caste (a system of social hierarchy) than by ethnicity. The Tibeto- Nepalese group comprises several different ethnic groups including Bhutia, Sherpa, Gurung, Magar, Tamang, Rai, and iii` Nepal Electricity Connectivity and Energy Efficiency Project SSTA 7176 NEP: LARP Limbu people. The Tibeto-Nepalese are concentrated in hill and mountain and the Indo- Nepalese are concentrated in the Terai plain and inner Terai. As defined by Nepal indigenous/nationalities/tribal, Act defines; “People having their own mother tongue, distinct traditional values, and cultural identities, including social structure and written/non-written history are Indigenous and nationalities population.” Land Acquisition and Compensation The committee to be formed under the Fixation Committee chairmanship of CDO for acquiring and compensating land and properties based on Land Acquisition Act of Nepal (2034) 1977 and Electricity Rule 1993. Permanent Acquisition Land and other assets permanently acquired for the construction of sub-stations, transmission towers and other associated works related to the project in accordance with the prevailing Acts. Permanently acquired land and other assets are paid compensation on replacement cost based on current market rate. All the permanently acquired land are transferred in the name of Executing Agency. Permanent loss of Crops Long term loss of crops production in the cultivating land permanently acquired for the project. Restriction to Use of Land Land not acquired permanently but used to maintain the RoW of the transmission lines. Ownership of such land will not be transferred and the owners will be allowed to cultivate their land. However, there will be restrictions to construct structures and for plantation of trees within the specified zone of influence of the transmission lines (e.g. 9m both sides for 132 kV T/L) subject to be compensated under the prevailing law as provisioned in Land Acquisition Act 1977 and Electricity Rule 1993. Ropani Land measurement unit, practices in the hilly regions of the country. One Ropani of land is equivalent to approximately 508.74 sq. ft. There are three sub-units under the Ropani. They are; (a) Aana (342.25 sq.ft.), (b) paisa (85.56 sq.ft), and (c) Daami (29.39 sq.ft) Temporary effect on land Land temporarily affected due to use by the contractors during the construction phase. Compensation for the temporary use of land to be paid by the contractors to the land owners in accordance to the agreed terms and conditions to be signed between the two parties. Temporary loss of Crops One time loss of crops likely to occur during the iv` Nepal Electricity Connectivity and Energy Efficiency Project SSTA 7176 NEP: LARP construction period of new transmission line or second circuit stringing on the existing double circuit towers. Village Development Committee VDC is the local level administrative unit to be (VDC) represented by locally elected political leaders in rural areas with certain geographical boundary, number of households and population. Ward Ward is the lowest level administrative unit to be represented by elected local political leaders. As per the existing administrative system, each municipal local administrative area contains up-to 35 numbers of wards whereas the number of ward is only up-to 9 in the case of Village Development Committees (VDC). v` Nepal Electricity Connectivity and Energy Efficiency Project SSTA 7176 NEP: LARP ACRONYMS ADB - Asian Development Bank AH - Affected Households AP - Affected Persons CDO - Chief District Officer CFC - Compensation Fixation Committee CRO - Chief Resettlement Officer CRO - Chief Resettlement Officer DDCs - District Development Committee GON - Government of Nepal GRC - Grievance Redress Committees Ha - Hectare Km - Kilometer LARP - Land Acquisition and Resettlement Plan MRM - Management Review Mission NEA - Nepal Electricity Authority NGO - Non Government Organization NRs - Nepalese Rupees PIU - Project Implementation Unit PM - Project Manager PM - Project Manager PO - Project Office/Officer PPTA - Project Preparation Technical Assistance RoW - Right of Way RP - Resettlement Plan S/S - Sub-station SAARC - South Asian Association for Regional Co-operation SLC - Sub-Project Level Committee T/L - Transmission Line VDC - Village Development Committee vi` Nepal Electricity Connectivity and Energy Efficiency Project SSTA 7176 NEP: LARP Executive Summary I. The Project Introduction 1. The proposed Nepal Electricity Connectivity and Energy Efficiency Project consist of six investment components and one component on provision of expert services. The Investment component supported by the ADB grant covers six main outputs each consisting of several activities. The first four major investment outputs are; (i) Transmission System Augmentation; (ii) Distribution System Enhancement; (iii) Distribution Loss Reduction; and (iv) Generation Plant Improvement. The investment components have been proposed by Nepal Electricity Authority (NEA) based on its generation and rehabilitation plan, transmission system master plan and short-term distribution augmentation plan. The other two investment outputs are (v) Energy Efficient Lighting and (vi) Solar Power based Street lighting. The final component is to provide (viii) Expert Services assisting Public Private Partnerships (PPP) in distribution. II. Scope of Land Acquisition and Resettlement Planning 2. This Land Acquisition and Resettlement Plan (LARP) has been prepared for (a) Dumre- Damauli-New Marsyangdi Transmission Line (T/L) section under the Middle Marshyangdi - Dumauli – Marshyangdi 132 kV transmission line and related Sub-station works, (b) Construction of Chapali Sub-station, and (c) Constructing Distribution and Switching Sub- stations in different ten districts. 3. Land acquisition and resettlement planning however, may not require for; (i) Stringing of 132 kV second circuit between Middle Marsyangdi-Marsyangdi (44 km), (ii) Expansion, reinforcement and construction of new sub-stations at Damauli, Middle- Marsyangdi, and Marsyangdi (Aanbu Khairini) under the Middle Marsyangdi-Damauli-Marsyangdi New Marsyangdi 132 kV transmission line and sub-station construction components, (iii) Second circuit stringing between Butwal-Kohalpur (200 km,), (iv) Construction of distribution sub- stations and switching centers at Swyambhu, Synaja, Mahottari, (v) Expansion of Matatirtha sub-station at Kathmandu, (vi) 66 kV underground cabling from Chabahil to Lainchaur (7.5 km) and associated sub-station upgrading works, and (vi) Installation of 220 MVAR capacitor