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Resettlement Plan Nepal: Power Transmission and Distribution Efficiency Enhancement Project

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Resettlement Plan Nepal: Power Transmission and Distribution Efficiency Enhancement Project Power Transmission and Distribution Efficiency Enhancement Project (RRP NEP 50059) Resettlement Plan Document Stage: Draft Project Number: P50059-002 May 2017 Nepal: Power Transmission and Distribution Efficiency Enhancement Project Prepared by: Nepal Electricity Authority for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 26 April 2017) Currency unit = Nepali rupee/s (NRs) NRs1.00 = $0.0093859 $1.00 = NRs106.5423 ABBREVIATIONS ADB - Asian Development Bank AP - Angle Point for Tower CBO - Community Based Organization CDC - Compensation Determination Committee CDO - Chief District Officer DAO - District Agriculture Office DDR - Due Diligence Report DFO - District Forest Office DLRO - District Land Revenue Office DP - Displaced Persons EA - Executing Agency EM - Entitlement Matrix ESSD - Environment and Social Study Division ETESIP - Electricity Transmission and Supply Improvement Project (ETESIP) GoN - Government of Nepal GRC - Grievance Redress Committee HEP - Hydroelectricity Project HH - Household kV - Kilo Volt LAO - Land Acquisition Officer LCF - Local Consultative Forum LSF - Local Social Facilitator LLC - Local Level Committee M&R - Monitoring and Report MoHA - Ministry of Home Affairs MW - Mega Watt NEA - Nepal electricity Authority NGO - Nongovernmental Organization NPR. - Nepalese Rupees PIU - Project Implementation Unit PM - Project Manager PMU - Project Management Unit PMD - Project Management Directorate R&R - Resettlement and Rehabilitation RP - Resettlement Plan SPS - Safeguard Policy Statement sq.m. - Square Meter SRO - Social and Resettlement Officer VDC - Village Development Committee GLOSSARY Chief District Officer There are 75 administrative districts in Nepal. Chief District Officers (CDO) (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 Dalit is commonly known as untouchable in traditional Nepalese society. Group): 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 castes have 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 There is one District Development Committee in each administrative districts Committee (DDC): of Nepal to be headed by elected district level political leader. Guthi The Guthi is a system that has been part of the Newa social system in the Kathmandu Valley since the 5th century BC. The Guthi system is a trust, whereby land is donated to this trust. This land is then tilled upon by members of the local community and the revenue generated is not only a source of economy for the community but is also utilized to undertake various works within the community such as restoration of temples, patis (rest houses), maths (priest houses), dhungedharas (stone water spouts) and so on. This revenue is also used to carry out various festivals, customs, rites and rituals. It was a system, therefore, that engaged the local community in terms of not only tilling the land but also engaging a group of people such as masons, shilpakars (the group of people who work with wood) and helping them to develop their skill. It also benefitted the local community economically through the revenue generated and also provided a framework within which the local community could protect their tangible and intangible culture, enabling them to protect their very identity. Janajati As defined by Nepal indigenous/nationalities/tribal, Act defines; “People (Ethnic/Indigenous having their own mother tongue, distinct traditional values, and cultural People) identities, including social structure and written/non-written history are Indigenous and nationalities population.” 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 Limbu people. The Tibeto-Nepalese are concentrated in hill and mountain and the Indo- Nepalese are concentrated in the Terai plain and inner Terai. Newar, and other caste and ethnic subgroups e.g. Tamang, Gurung, Magar etc belong to Janajati groups. Land Acquisition The committee to be formed under the chairmanship of CDO for acquiring and Compensation and compensating land and properties based on Land Acquisition Act of Determination Nepal (2034) 1977 and Electricity Rule 1993. Committee: Permanent Land and other assets permanently acquired for the construction of sub- Acquisition: stations, 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 Long term loss of crops production in the cultivating land permanently crops: acquired for the project. Ropani: Land measurement unit, practices in the hilly regions of the country. One Ropani of land is equivalent to approximately 508.74 sqm. 508.74 m² = 1 ropani = 16 anna = 5,476 sq. ft. 31.79 m² = 1 anna = 4 paisa = 342.25 sq. ft. 7.94 m² = 1 paisa = 4 dam = 85.56 sq. ft. Temporary Impact Land temporarily affected due to use by the contractors during the on land: 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 One time loss of crops likely to occur during the construction period of new Crops: line or second circuit stringing on the existing double circuit towers. Village Development VDC is the local level administrative unit to be represented by locally elected Committee (VDC): 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). 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 of this 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. TABLE OF CONTENTS EXECUTIVE SUMMARY 1 I. INTRODUCTION AND PROJECT DESCRIPTION 4 A. Project Overview and Background 4 B. Project Development History and Associated Involuntary Resettlement Implications 5 C. Measures to Avoid and Minimize Impacts 7 II. SCOPE OF LAND ACQUISITION and INVOLUNTARY RESETTLEMENT 8 A. Summary of Impacts 8 B. Permanent Impacts Due to Component 1 Substation 9 C. Affected Structures 9 D. Permanently Affected Crops and Trees (Component 1) 10 E. Temporary Impacts on Crops (Component 1) 10 F. Severely Affected 10 G. Temporary Impacts from Component 2 Distribution Network Rehabilitation (Underground Cabling) 11 H. Vulnerable Households 12 I. Gender Impacts and Mitigation Measures 13 III. SOCIO ECONOMIC INFORMATION AND PROFILE 15 A. Displaced Household Socio-Economic Profile 15 B. Gender Dimensions 21 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 22 A. Information Disclosure 27 B. Consultation and Disclosure During Implementation 27 V. POLICY AND LEGAL FRAMEWORK 29 A. Land Acquisition Act (1997) 29 B. Land Reform Act 2021 (1964) 29 C. Land Acquisition, Resettlement and Rehabilitation Policy for Infrastructure Development 2071, (2015) 30 D. Forest Act 1993 30 E. Electricity Regulations 1992 30 F. ADBs Safeguarded Policy Statement, 2009 31 G. Gaps between ADB and Nepali Legal Framework 31 H. Project Core Principles 33 VI. ENTITLEMENTS, ASSISTANCE AND BENEFITS 35 A. Entitlements 35 VII. RELOCATION HOUSING AND INCOME RESTORATION 41 VIII. RESETTLEMENT BUDGET 43 A. Compensation for Land 43 B. Compensation for Cost for Residential/ Commercial Structures 44 C. Compensation for the Loss of Agricultural Crops (Component 1) 45 D. Compensation Cost for the Loss of Private Trees (Component 1) 46 E. Compensation for Loss of Crops (Component 1) 46
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