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Environmental and Social Due Diligence Report

Project Number: 47083-004 December 2019

INDIA: Accelerating Infrastructure Investment Facility in – Tranche 3 DBL Mahagaon- Highways Private Limited (Part 1 of 5)

Prepared by India Infrastructure Finance Company Limited for the India Infrastructure Finance Company Limited and the Asian Development Bank.

This environmental and social due diligence 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 DBL Mahagaon-Yavatmal Highways Private Limited

Due Diligence Report on Environment and Social Safeguards

By India Infrastructure Finance Company Limited (IIFCL) (A Govt. of India Enterprise)

Sub-Project: Four Laning of Mahagaon to Yavatmal Section of NH-361 from Km 320.580 to Km 400.575 (Package-II) in the state of under NHDP Phase – IV on Hybrid Annuity Mode

November 2019

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

SUB PROJECT: Four Laning of Mahagaon to Yavatmal Section of NH- 361 from Km 320.580 to Km 400.575 (Package-II) in the state of Maharashtra under NHDP Phase – IV on Hybrid Annuity Mode

DBL Mahagaon-Yavatmal Highways Private Limited

Environment and Social Safeguards Due Diligence Report (ESDDR)

Prepared by Dr. Rashmi Kadian Assistant General Manager (Environmental Specialist) ESMU, IIFCL

Mr. Krupasindhu Guru Assistant General Manager (Social Specialist) ESMU, IIFCL

Mr. Ashok Suyal Consultant - Social Safeguards

Reviewed and Approved Dr. S. S. Garg by General Manager & Head, ESMU IIFCL

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CONTENTS

PROJECT BACKGROUND ...... 5 1. PURPOSE OF THE REPORT ...... 6 2. SUB-PROJECT TITLE ...... 6 3. SUB-PROJECT BACKGROUND ...... 6 4. SUB-PROJECT LOCATION & DESCRIPTION ...... 7 5. CONCESSIONAIRE ...... 8 6. EPC CONTRACTORS ...... 8 7. INDEPENDENT ENGINEER ...... 8 8. IIFCL FUNDING...... 9 9. STATUS OF PROJECT IMPLEMENTATION ...... 9 DUE DILIGENCE ON ENVIRONMENTAL SAFEGUARDS ...... 10 10. ENVIRONMENT SAFEGUARDS COMPLIANCE REVIEW ...... 11 11. APPLICABILITY OF ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION ... 11 12. APPROACH TO THE ENVIRONMENT SAFEGUARDS DUE DILIGENCE REPORT: ... 11 13. COMPLIANCE OF PROJECT TO THE ESSF OF IIFCL: ...... 12 14. POLICY, LEGAL AND REGULATORY REQUIREMENT: ...... 12 15. IMPACT ASSESSMENT OF SUB-PROJECT ...... 14 16. ENVIRONMENTAL MANAGEMENT PLANS ...... 15 17. HEALTH AND SAFETY ...... 17 18. GRIEVANCE REDRESSAL MECHANISM ...... 18 19. ENVIRONMENTAL SENSITIVITY ...... 18 20. PROJECT AGAINST THE PROHIBITED INVESTMENT ACTIVITIES LIST ...... 19 21. CATEGORIZATION OF SUB-PROJECT...... 19 22. SITE VISIT OBSERVATIONS ...... 19 23. CONCLUSIONS AND RECOMMENDATIONS ...... 20 DUE DILIGENCE ON SOCIAL SAFEGUARDS ...... 23 24. PURPOSE OF THE SOCIAL SAFEGUARDS DUE DILIGENCE ...... 24 25. PROJECT AGAINST THE PROHIBITED INVESTMENT ACTIVITIES LIST ...... 24 26. OBJECTIVE OF SOCIAL SAFEGUARDS DUE DILIGENCE ...... 24 27. APPROACH AND METHODOLOGY ...... 24 28. SOCIAL IMPACT OF THE PROJECT ...... 25 27.1 LAND ACQUISITION IN THE PROJECT ...... 25 27.2 IMPACT ON STRUCTURE ...... 25 27.3 REHABILITATION AND RESETTLEMENT IMPACT IN THE SUB-PROJECT ...... 25 27.4 IMPACT ON INDIGENOUS PEOPLE ...... 25 29. GRIEVANCE REDRESSAL MECHANISM FOR THE SUB-PROJECT ...... 26 30. EMPLOYMENT GENERATION ...... 26 31. THE COMMUNITY ENGAGEMENT ACTIVITIES ...... 26 32. LABOUR LICENSE OBTAINED BY THE SUBPROJECT DEVELOPER ...... 26 33. DISCLOSURE ...... 26 34. SITE VISIT OBSERVATION ...... 26

LIST OF FIGURES

Figure 1: DMYHPL Location Map…… ………………….…………………….……………… …..8

LIST OF TABLES

Table 1: Salient Features of DBL Mahagaon Yavatmal Highway Private Limited………………………..7 Table 2: Status of Regulatory Permits/ Clearances Obtained related to Environmental Safeguards……12 Table 3: EMP and its Implementation status at DMYHPL… ………………………………………...... 16

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Table 4: Status of Land available at DMYHPL…………………………………………………………..25

ANNEXURES

Annexure I Forest Clearance Stage I Annexure II Forest Clearance Stage I (for additional land) Annexure III Tree cutting & commencement of work permissions Annexure IV Tree cutting & commencement of work permissions Annexure V Tree cutting permissions in non-forest area Annexure VI Tree cutting permissions in non-forest area Annexure VII CTE for Camp site at Mahsola Annexure VIII CTE for Camp site at Sukli Annexure IX CTO for Renewal Camp site at Mahsola Annexure X CTO for Renewal Camp site at Sukli Annexure XI Sample copies of borrow area permissions Annexure XII Maharashtra State Gazette Notification Annexure XIII Labour License Annexure XIV Insurance copy Annexure XV Village Panchayat NOC for Mahsola Annexure XVI Village Panchayat NOC for Sukli Annexure XVII EMP Annexure XVIII Bill from MPCB for sampling Annexure XIX Median & Avenue plantation plan status Annexure XX EHS Manual Annexure XXI EHS Monthly Report Sample Annexure XXII Traffic Safety & Management Plan Annexure XXIII HSE Team Organization Chart Annexure XXIV Liaison Team Organization Chart

PHOTOPLATE

Photoplate I : Site Visit Photographs

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PROJECT BACKGROUND

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1. PURPOSE OF THE REPORT

1. This Environmental and Social Due Diligence Report (ESDDR) has been carried out by India Infrastructure Finance Company Limited (IIFCL) in consultation with the Concessionaire, DBL Mahagaon Yavatmal Highways Private Limited (DMYHPL) to assess the adequacy of the project with the applicable National, IIFCL’s ESSF and ADB’s safeguard compliance. The report has been prepared as per the documents/information received from the Concessionaire and on the basis of site visit observations.

2. SUB-PROJECT TITLE

2. The sub-project includes – Construction of 4-laning of 79.995 km road stretch between Mahagaon to Yavatmal in the state of Maharashtra under NHDP IV on Hybrid Annuity mode to be executed on design, build, operate and transfer (DBOT) basis.

3. SUB-PROJECT BACKGROUND

3. National Highway Authority of India, on behalf of Government of India, invited International Competitive Bids under Single Stage Bidding process for four laning of 79.995 km stretch from Mahagaon to Yavatmal in the state of Maharashtra on Hybrid Annuity Mode to be executed on the design, build, operate and transfer basis in accordance with the term and conditions of the Concession Agreement.

4. DBL Mahagaon Yavatmal Highways Private Limited (DMYHPL), part of Dilip Buildcon Limited, is a Special Purpose Vehicle (SPV) incorporated on April 24th, 2017 to undertake the 4 laning of 79.995 km section (from km 320+580 to km 400+575) between Mahagaon to Yavatmal on NH 361in the state of Maharashtra on Hybrid Annuity mode under NHDP Phase IV.

5. DMYHPL has signed the Concession Agreement (CA) with NHAI for a total concession period is of 17.50 years including operations period of 15 years and construction period of 910 days.

6. The scope of the project includes performance & execution of all design, engineering, financing, procurement, construction, completion, operation & maintenance (O&M) of the project corridor as set out in the Concession Agreement. The project is 4 laning with paved shoulder from km 320+580 to km 400+575 (Design Chainage) and 6-lanning on all structures in section of NH-361 in the State of Maharashtra under NHDP Phase – IV on Hybrid Annuity Mode.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

4. SUB-PROJECT LOCATION & DESCRIPTION

7. The site of proposed four-lane project highway i.e. DBL Mahagaon Yavatmal section of NH-361 starts from Km 320+580 and ends at Km 400+575 in the State of Maharashtra. The total design length of the four-lane project highway is 79.995 Km.

8. The proposed road has no bypasses and has 31 realignment segments. The existing NH-361 carriageway width is having two-lane configuration. The existing pavement is flexible pavement. The proposed 4 lane project highway will be rigid pavement. The toll plaza is located at chainage Km 382+920 and will be 8 lanes (4*2).

9. The new rigid pavement shall be provided for the entire length of four-lane project highway for the main carriageways and paved shoulder. Rigid pavement shall also be provided for proposed toll plaza. Flexible payment shall be provided for service road / slip road and realignment of parallel road for connecting project highway and existing roads. The salient features of the sub-project are given in Table 1 and location map is given in Figure 1.

Table 1: Salient Features of DBL Mahagaon Yavatmal Highway Private Limited Particulars Features Name of Project Four-Laning of Mahagaon to Yavatmal section of NH-361 from Km. 320.580 to Km. 400.575 (package-II) in the State of Maharashtra under NHDP Phase-IV on Hybrid Annuity Mode State Maharashtra District Yavatmal Concessioning Authority National Highways Authority of India Concessionaire DBL Mahagaon Yavatmal Highways Pvt Ltd (DMYHPL)

Terrain Plain

Project Length 79.995 Km Toll Plaza 1 Major Bridges 2*2 = 4 nos. Vehicular Under Pass 20 nos. (Nos.) ROB None Minor Bridges 11*2 (New) +6*4 (With S.R.) +3*2 (Dismantle)+21*1 (Wide)= 73 nos. Box Culverts 3 (Wide)+13*2 (Recon)+8*2 (New) = 45 Pipe Culverts 51 (Wide)+46*2 (Recon.) +40*2 (New) =223 268 Truck Laybye 01 Bus Shelter (Nos.) 19*2 = 38 Service roads 12.525 * 2 = 25.05 KM

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Figure 1: DMYHPL Location Map (Project stretch from Mahagaon to Yavatmal)

5. CONCESSIONAIRE

10. DBL Mahagaon Yavatmal Highways Private Limited (DMYHPL), part of Dilip Buildcon Limited, is a Special Purpose Vehicle (SPV) which was incorporated on April 24th 2017 to undertake the 4 laning of 79.995 Km road stretch from (km 320+580 to km 400+575) between Mahagaon and Yavatmal on NH 361 in the state of Maharashtra on Hybrid Annuity Mode under NHDP Phase IV.

11. DMYHPL has signed the Concession Agreement (CA) with NHAI for a concession period of 17.50 years on 09th June 2017 consisting of 910 days of construction and 15 years of operations.

6. EPC CONTRACTORS

12. Dilip Buildcon Limited (DBL) has signed EPC agreement with DMYHPL on 3rd October 2017.

7. INDEPENDENT ENGINEER

13. Artefact Projects. Ltd. (APL) has been signed to monitor the sub-project as Independent Engineer (IE).

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8. IIFCL FUNDING

14. The total project cost of DMYHPL is ₹ 1001.74 crores. The project is financed by IIFCL under Direct Lending Scheme. IIFCL has sanctioned an amount of ₹ 100 crore towards DMYHPL and disbursed ₹ 67.56 crores as on 11.11.2019.

9. STATUS OF PROJECT IMPLEMENTATION

15. The sub project is under construction and the scheduled commercial operations date is 26th August 2020. At the time of site visit, developer has informed that about 92% works have been completed. Developer has informed that provisional COD will be achieved during December 2019/January 2020.

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DUE DILIGENCE ON ENVIRONMENTAL SAFEGUARDS

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10. ENVIRONMENT SAFEGUARDS COMPLIANCE REVIEW

16. The environmental due diligence (EDD) report focuses on the status and review of the applicable environmental regulatory requirements, compliance to the regulatory requirements, review of the environment related sub-project documents, implementation of environmental management measures at site, institutional arrangements for implementation and monitoring of environmental measures, environment, health & safety (EHS) related clauses in agreements, health and safety measures at work place, status of plantations, traffic and safety plan.

11. APPLICABILITY OF ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION

17. It is required that the project meets the applicable national guidelines / regulations relating to the environment, occupational health and safety and other safeguard issues. The project should have necessary clearances as well as permits and approvals for project implementation and suitable environmental management plans.

18. National Highway projects up to 100 Kms involving additional right of way or land acquisition upto 40 meters on existing alignments and 60 meters on re-alignments or by- passes are exempted from the scope of the Environmental Impact Assessment Notification, 2006 of Government of India. The total length of the sub-projects is approximately 79.995 Kms, therefore, DMYHPL does not require environmental clearance and is not required to conduct an Environmental and Social Impact Assessment (ESIA) as a statutory requirement. ESIA study has not been conducted for the sub-project DMYHPL. However, the developer has prepared an EMP for the sub-project, which is under implementation at site.

12. APPROACH TO THE ENVIRONMENT SAFEGUARDS DUE DILIGENCE REPORT:

19. The Environmental Due Diligence Report (EDDR) reviews the available documents and assesses the compliance of the sub-project with respect to environmental safeguards; regulatory clearances; environmental impacts and management measures; Health, Safety and Environment (HSE) measures; and categorization of sub-project on the basis of above review.

20. The following documents were referred in order to prepare Environmental Safeguards Due- Diligence Report:  Project Appraisal Memorandum (PAM)  Concession Agreement  Independent Engineer Report  Lender’s Independent Engineer (LIE) Reports  Environment Management Plan and its implementation  Project Statutory Approvals/Permits  Project HSE Documents  Labour License & insurance  Contract Documents ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 11

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 Traffic & Safety Plan

21. The environmental safeguard due-diligence study has been carried out for the sub-project on the basis of site visit observations and based on information and documents provided by Concessionaire. A detailed discussion on the environmental and social safeguards related issues was also carried out with the team of the sub-project. On review of the documents / information related to the sub-project and on the basis of site visit, the impacts of the DMYHPL on environment are envisaged, which are given in section 15 of the ESDDR. The sub-project is mitigating the impacts at the site with an Environment Management Plan (EMP). The status of EMP implementation is given in section 16 of the ESDDR.

13. COMPLIANCE OF PROJECT TO THE ESSF OF IIFCL:

22. The Environmental and Social Safeguard Framework (ESSF) provides the enabling mechanism to IIFCL to deliver its policy objectives and applies to projects funded by IIFCL throughout the project cycle. The ESSF defines procedures, roles, and responsibilities, at various project milestones for managing the adverse environmental impacts.

23. The environmental due diligence for DMYHPL has been done as per requirements of direct lending scheme. The environmental safeguard risks during construction phase have been assessed and risks during operational phase have been evaluated. DMYHPL is under construction and following the applicable regulations and guidelines. There does not seem to be any significant risk for either IIFCL or ADB. The environmental measures being implemented at the sub project are studied and implementation checked at site. It can be concluded that DMYHPL is compliant to the requirements of IIFCL’s ESSF under direct lending scheme and has adequate management measures implementation on site.

14. POLICY, LEGAL AND REGULATORY REQUIREMENT:

24. DMYHPL does not fall under the schedule of EIA Notification, 2006 that lists projects or activities requiring prior environmental clearance and hence these are exempt from obtaining environmental clearance. DMYHPL is required to comply with the applicable guidelines relating to the environment, occupational health and safety in addition to complying with local pollution control board regulations. The statutory permits/clearances related to environmental aspects obtained/to be obtained from regulatory authorities as part of DMYHPL development were assessed and current status of availability of such permits/clearances are given in Table 2 below:

Table 2: Status of Regulatory Permits/ Clearances Obtained related to Environmental Safeguards S.No. Permits/Clearances Statutory Authority Current Status 1. Environmental Ministry of Not Applicable. As the sub-project length is below Clearance Environment, Forests & 100 kms (79.995 Kms), this is exempted from Climate Change obtaining environmental clearance and conducting (MoEF&CC), New EIA. Delhi ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 12

Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

2. Forest Clearance MoEF&CC and State The sub project involves diversion of 28.879 ha of Forest Department, forest land. Forest area for this section of road as Maharashtra per original proposal was 18.310 and an additional forest land of 10.569 ha has been diverted for the sub project. Sub project has received forest clearance stage I. Copies of the same are attached as Annexure I & II. It is pertinent to mention that NHAI has applied for forest clearance for the entire stretch of NH-361 (Packages I, II & III; sub project DMYHPL is Package II). NHAI has taken applied for additional forest land diversion for both Package II (DMYHPL) & III.

The permission to carry out works in the forest land was granted with tree cutting permissions as per the letters dated 12th April 2018 (for 9608 no of trees) and letter dated 04th July 2019 (for 5378 no of trees). The copies are attached as Annexure III & IV.

The sub project is yet to receive forest clearance Stage II. Developer will inform IIFCL as soon as they receive Stage II forest clearance.

3. Wildlife Clearance MoEF&CC The Project area does not lie within or near an ecologically sensitive area. The location of Project does not contravene any international biodiversity or ecosystem conservation conventions. Therefore, it does not require wildlife clearance or permission.

4. Tree cutting State Forest Department Approximately 17500 no. of trees and shrubs were permissions & Revenue Department, coming in ROW. These trees were on forest land Maharashtra (11062 trees) and revenue land (approximately 6263 trees and shrubs). Permission for tree cutting has been taken from respective departments. The copies of tree cutting permissions from non-forest areas are attached as Annexure V & VI.

5. Consent to Establish Maharashtra Pollution Consent to Establish under section 25 of Water Control Board (MPCB), (Prevention & Control of Pollution) Act, 1974 and Maharashtra under section 21 of Air (Prevention & Control of Pollution) Act 1981 was obtained from Maharashtra Pollution Control Board for RMC plant, Crusher plant, etc. for two camp sites. Sample copy is attached as Annexure VII & VIII.

6. Consent to Operate Maharashtra Pollution Consent to Operate under section 25/26 of the Control Board (MPCB), Water (Prevention & Control of Pollution) Act, Maharashtra 1974 and under section 21 of Air (Prevention &

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Control of Pollution) Act 1981 and amendments thereof has been obtained from MPCB and is being renewed (Annexure IX & X). 7. Quarry and Borrow Department of Mines In line with the State Government regulations Area Permissions and Geology, developers has taken permits for quarry and Government of borrow areas being used for the sub-project. Maharashtra Sample copy of borrow area permit is attached as Annexure XI. During the site visit developer has informed that no borrow area is being used since last three months as there is no requirement of borrow earth.

As per Maharashtra State Government Gazette, district officer establishes a committee of government officials to provide the permission of extraction the material from borrow area upto area of 4 ha reference enclosed as Annexure XII. 8. Labour License & Licensing Officer, DMYHPL has taken Labour License under the Insurance Government of Contract Labour (Regulation and Abolition) Act, Maharashtra 1970. The establishment has valid labour license and insurance, which are enclosed as Annexure XIII & XIV.

9. NOC for setting up Village Panchayat DMYHPL has taken NOC from village panchayat camp for setting up of two camps with RMC, WMM, at Mahsola & RMC, WMM, Hot mix Plant etc at Sukli villages (Annexure XV & XVI).

15. IMPACT ASSESSMENT OF SUB-PROJECT

25. EIA study was not conducted for the sub-project as the project does not fall under the purview of EIA Notification and subsequent amendments as explained in Section 11 of the EDDR.

26. Being a highway up gradation project, additional land has been acquired for the sub-project which is mostly private land and some revenue land. 28.879 ha of forest land has been diverted for the sub project. The width of proposed ROW is 60 m and 45 m in forest area. The length of the sub project is 79.995 km. The impacts of the proposed project are manageable with appropriate EMP. Most of the length of the project road runs through plain terrain, passes across agricultural land and forest area. Approximately 17500 no of trees are being cut for the sub project.

27. The site of proposed four-lane project highway which is package-II of NH 361 passes through . The road starts at Mahagaon village at Km. 320.580 and ends at Yavatmal village at Km. 400.575. The stretch is entirely characterized by 2 lane single carriageway with earthen shoulders. The design length of the sub project is 79.995 Km. The land area used for the sub project is mostly agriculture land, followed by barren land and a small stretch of about approximately 8.502 km is in forest area.

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28. There are two camps at the sub-project. The camps have RMC, WMM, Hot Mix plants, crushers etc and site office. Both the camps house labour in dormitories. Both the camps are at a safe distance from habitation.

29. The main impacts envisaged due to various activities at the sub-project are summarised in the paragraphs below:

30. Impact on Land Environment: The sub-project involves strengthening and widening of the existing two to four lane road. The sub-project involves widening/reconstruction of existing road with additional land acquisition for ROW. During construction phase the topography at sub-project location will change due to cuts and fills for project road and construction of project related structures Risk of contamination of soil exists from construction material and oil spills. The impacts are temporary and are manageable with mitigation measures which are given in Section 16.

31. Impact on Water Resources: Water resources may be impacted near the construction camp. This can be minimized by proper handling of material and proper disposal of sewage and proper erosion control. During the operation stage the leakage or spillage from damaged vehicles or badly maintained vehicles may lead to contamination of water bodies. EMP is available to manage these impacts.

32. Impact on Air Quality: The setting up of camp including ready mix concrete plant, hot mix plant, WMM plant etc. and crusher plant. Up-gradation works at sub-project stretch shall involve generation of dust and release of other pollutants leading to the localised degradation of air quality. All the belt conveyors are to be covered with canopy to control the dust pollution. Ready mix concrete plant to be well equipped with the cartage filters. Mitigation measures are in place to manage these temporary impacts.

33. Impact on Noise Environment: Impact on noise environment is envisaged during both construction and operation phases. During construction phase, noise is generated due to use of heavy equipment and processing facilities. Adequate distance from sensitive sites is to be kept for controlling noise disturbances.

34. Impact on Biological Environment: The sub project is not located in or near notified protected area, wild life sanctuary, national park and no animal corridor/migration route is present in the project area. About 17500 trees falling in revenue and forest land are coming in the ROW expansion. Permission for tree cutting are obtained from respective authority. No significant impacts on other flora and fauna are anticipated at the sub-project except for tree cutting. Necessary mitigation measures are available where construction of road is proposed. Developer has confirmed that no endangered flora is getting affected by the sub project.

16. ENVIRONMENTAL MANAGEMENT PLANS

35. The sub-project does not require EIA as a statutory requirement. Project specific EMP exists for the sub-project (Annexure XVII). The sub-project has been implementing various mitigation measures to minimize risk to environment. Environmental risk analysis has been

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done for the sub-project and responsibilities clearly defined in the EMP. The EMP covers all site establishments. Developer has confirmed that the checklists for EMP monitoring are maintained at site.

36. The implementation of the EMP has been assessed on the basis of site visit and documents /

information shared by the developer. The status of EMP implementation is given in Table 3.

Table 3: EMP and its Implementation status at DMYHPL EMP Status of EMP Implementation Conservation of top soil and  Top soil is stored at designated sites with proper fencing control of soil erosion  Soil is reused for embankment slopes and other distributed areas where re vegetation is desired  Developer has confirmed during site visit that no borrow area is being used since last three months as there is no requirement  Developer has informed that slope stabilization will be done by net after the works are complete  Fly ash from nearest thermal Power Plant is being used at the sub project to reduce the use of soil. Records of the same are maintained at site. Ash with high moisture content than soil is also reducing water consumption at the site. Till 5th November 2019, 29567 MT of ash has been utilized at the sub project, reducing the use of similar quantity of sand.

Dust and Control of Air &  Water spraying is done at regular interval (as per schedule) to avoid fugitive Noise Pollution dust emissions  Construction camps have LPG for cooking  Vehicle carrying potential dust producing material are not loaded to a level higher than the side and tail boards and are covered with tarpaulins  Equipment and vehicles are well maintained  The speed of vehicles in camp areas is restricted  Vehicles used at sub project to have valid pollution control certificate  Developer has informed that ambient air quality is monitored regularly by Maharashtra Pollution Control Board and the bills for sampling/testing are being paid by the developer. Sample copy of bill by Maharashtra Pollution Control Board are attached as Annexure XVIII  Camp sites is located away from settlements  Developer has informed that noise producing activities are restricted at night  Workers have been provided with PPEs  RMC plant is equipped with dust collector to control emissions  Camp haul roads are maintained with salvage material / demolition wastes

Prevention and control of  Fuel is available at camp site in fuel station. No spillage was seen at the fuel spillage and disposal of waste station.  Waste oil is stored at impervious cemented surface at site and sold to SPCB authorised vendors as and when required  Storage is done at designated areas, with markings and signboards.  Some oil spillage was seen at waste oil storage facility, as the storage was more than the designated area. Developer has been advised either to increase the capacity of storage area or dispose of additional waste oil  Trainings are imparted to labour and staff and records maintained at site

Control of Water Pollution &  It is informed by developer that water is sourced from authorised tanker Water Resource Management suppliers  Records of water consumption are kept at site  Septic tanks with soak pits are provided at camp site

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EMP Status of EMP Implementation  Proper toilets facilities are provided at camp site  Earthen and concrete drains are constructed to connect to the nearest culverts at project stretch

Avenue and Median  Tree cutting permissions were obtained Plantation  Avenue and median plantation plan involves planting approximately 96504 no of plants.  More than 50% of avenue and median plantation as per plan is complete. Status of plantation is attached as Annexure XIX.  Tree guards are provided for trees planted under avenue plantation  Developer has informed that records will be maintained at site.  Median plantation is being done at site as per IRC guidelines

Occupational Health and  All workers and labourers are equipped with appropriate PPE’s Safety  HSE induction trainings are organized for labour and staff.  RO plant is installed at the camp site for drinking water for staff and workers  Contractor has provided sufficient road signs, temporary barriers, gunny bags filled with soil with reflective stickers etc. at the construction sites

17. HEALTH AND SAFETY

37. Dilip Buildcon Limited has an Environment, Health & Safety Manual which is applicable to all its projects (Annexure XX). The EHS Manual has the EHS Policy of DBL, organization structure, safety rules and procedures, traffic management practices to be followed at site, incident reporting, PPEs, emergency preparedness plan etc. Under the ambit of EHS Manual, DMYHPL has prepared project specific EMP, which is being implemented at the project as elaborated in Section 16 above.

38. The roles & responsibilities of staff, contractors on health and safety of the staff/workers is clearly defined and understood well. The Manual is being implemented at the sub-project site and training/mock drill records are maintained at site. Records of trainings, tool box talk, and mock drill are conducted at the sub project and form part of the monthly EHS report. Sample copy is attached as Annexure XXI.

39. Project specific Traffic Safety & Management Plan is available for DMYHPL (Annexure XXII). The Plan facilitates the construction stage while ensuring fulfilment of occupational health & safety commitment by minimizing hazards and related risks which may arise from any of the related activities of road construction and operation of different plants. The traffic safety arrangements during execution of works are being carried out by the Contractor for safe movement of vehicles on the project highway. The Contractor has provided sufficient road signs, temporary barriers, gunny bags filled with soil with reflective stickers etc. at the construction sites.

40. First aid boxes and fire fighting systems are maintained at sub-project camp sites. ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 17

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41. DMYHPL has adequate institutional arrangement to look after HSE related aspects. The organizational chart for DMYHPL is given as Annexure XXIII.

18. GRIEVANCE REDRESSAL MECHANISM

42. For construction phase, DMYHPL has formed a liaison team, which forms a committee for handling grievances, demands and complaints of the local people. The organization chart of the Liaison Team is attached as Annexure XXIV.

43. Redressal of Public Grievances will be done during operation phase as per Article 40 of the Concession Agreement. The Concessionaire has to maintain complaint register at the toll plaza for recording public grievances.

19. ENVIRONMENTAL SENSITIVITY

44. The environmental sensitivity of DMYHPL has been assessed by reviewing various documents, supplemented by field visit and consultation with the developer.

45. The environmental sensitivity assessment is given below:  The sub-project involves upgradation of existing 2 lane road. Land acquisition has been done for the sub project including 28.879 Ha forest land.  The sub-project sites are not located in or near any protected area like wildlife sanctuary / national park.  During site visit and as per discussions with the sub-project staff, it was informed that no wild animals are sighted in and around the sub-project area.  Approximately 17500 trees are cut for the project, which are in forest and revenue land. No loss of rare/threatened/endangered species of flora is envisaged at the sub project. The sub project is impacting flora which is being compensated in an appropriate manner.  As informed by the concessionaire, no important cultural or heritage sites are getting affected due to the sub-project.  The sub-project has the necessary approvals and permits from regulatory authorities.  The impacts of the sub-project are temporary in nature and are manageable with EMPs.

ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 18

Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

20. PROJECT AGAINST THE PROHIBITED INVESTMENT ACTIVITIES LIST

46. The sub - project does not involve any prohibited activity as per the Prohibited Investment Activities List (PIAL) of ADB.

21. CATEGORIZATION OF SUB-PROJECT

47. The sub-project can be classified as Category B based upon ADB’s EA requirements as per the Safeguard Policy Statement (2009). This classification is based on the review of the available documents and site visit with respect to the environmental sensitivity due to project activities.

22. SITE VISIT OBSERVATIONS

48. A site visit was undertaken by IIFCL’s Environmental Specialist and Social Safeguard Consultant on 7th – 8th November, 2019. The site visit was undertaken to review the implementation of the project’s environmental and social safeguards. During the site visit, following staff were mainly consulted regarding environmental safeguards related measures implemented at the project site:

 Mr Nitin Kumar, Quality Surveyor, Planning Department  Mr Rampal Pawar, Liaison Manager  Mr V Pandin, Safety In-charge

49. The sub-project is under construction and almost 92% works are complete at the site. Based on the discussions with above mentioned officials and visit, the site observations are given below:  The sub-project has obtained necessary clearances/permits from the State Pollution Control Board and other regulatory organizations and is complying with their requirements.  The sub-project involves diversion of forest land.  Tree cutting is complete at site. Avenue and median plantation are in progress and more than 50% are complete.  Tree guards could be seen at the stretch wherever avenue plantation has been done. Developer has been informed to keep a record of plantations and survival rate.  Utility shifting at site is almost 95% complete.  Few of the workers at the site were not seen wearing personal protective equipment such as helmets, jackets, boots, gloves, masks etc. Developer was informed during the site visit to make sure that all staff and labour use PPEs.  Regulatory signs, warning signs and direction signs were available at all relevant places at site.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

 EMP implementation records are maintained at sub project.  There are two camp sites and four labour camps at the sub-project. Hygienic conditions are maintained at the site. The labour is housed in dormitories with electricity and toilets/bathrooms with water supply. Labour is provided with coolers for summers.  Good standards of health and hygiene were maintained at camp. Dust bins were placed at different locations. Toilets were available at the camp site for staff with continuous water supply. Good housekeeping was maintained at the site.  Community kitchen is being run at the camp sites.  All waste water being generated at the sub-project premises is disposed in septic tanks/soak pits.  RO water purifier of large capacity is available at camp for drinking water purpose.  Adequate EHS staff was present at the site and understood their commitments.  On discussions with the site staff, it was observed that tool box talk, safety induction trainings are done for labour as well as staff. Records of safety trainings, mock drills, tool box talk etc. are maintained at site office.  Vehicle movement in the administrative premises was very limited and control by Security at entrance of camp.  Developer has informed that water is being sourced from vendors and water records are kept at site. No ground water is being used for project construction.  Waste oil generated at the site is being stored at the workshop. The waste oil storage is on paved surface; however some oil spillage could be seen due to over stocking. Developer has been advised to increase the storage area for waste oil.  The permits and NOCs required for the project are in place.  Fire extinguishers and first aid kits were available at camp site.  Emergency contact numbers have been displayed at appropriate locations.

50. The site visit photographs are given in Photoplate - I.

23. CONCLUSIONS AND RECOMMENDATIONS

51. It is concluded on the basis of review of the available information, reconnaissance site visit and interaction with sub-project staff that the concessionaire DMYHPL is complying with the requirements as per the applicable national and state guidelines/regulations. The 79.995 km road in the State of Maharashtra is unlikely to pose any adverse environmental risks given the nature of the activities.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

52. Based upon the available documents and site visit, it is concluded that the concessionaire has undertaken adequate environmental safeguard measures. The conclusions for the sub-project are given below:  The sub-project has been planned as per the National and State Government requirement and not in anticipation to ADB operation.

 The project site is not located in or close to an ecologically sensitive area.

 The sub-project is being developed in the existing ROW and additional land has been acquired which is private land and forest land.

 The project involves diversion of 28.879 Ha forest land. Stage II clearance is yet to be received for the project. However, the State Forest department has granted permission for commencement of work in forest area.

 Approximately 17500 number of trees are being cut at the sub project from both forest and non-forest area.

 There are no legally protected areas and cultural heritage sites located within the sub-project

 The concessionaire will be doing avenue and median plantation on the entire stretch. Approximately 96,504 trees will be planted by the sub project developer.

 The sub-project has the required permits and approvals for project implementation.

 Concessionaire is implementing EMP at site. The EMP implementation will be monitored by IIFCL.

 The institutional arrangement available for the implementation of environment, health & safety appears to be adequate.

 During site visit and discussion with the project developer, the implementation of Environmental Management measures was found to be adequate.

 After approval from the ADB, the ESDDR will be uploaded on website for public disclosure.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

53. Based on the site visit and due diligence findings, it can be deduced that the sub-project has no significant environmental safeguard issues. The sub-project, therefore, does not appear to involve any reputational risk to ADB funding on environmental safeguards.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

DUE DILIGENCE ON SOCIAL SAFEGUARDS

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24. PURPOSE OF THE SOCIAL SAFEGUARDS DUE DILIGENCE

54. The Social Safeguards Due Diligence Report (SSDDR) has been carried out by India Infrastructure Finance Company Limited (IIFCL) in consultation with the Concessionaire, DBL Mahagaon Yavatmal Highways Private limited (DMYHPL) to assess the Social safeguards compliances of the project with the applicable National Policies. The report has been prepared as per the documents/information received from the concessionaire and subsequent to the site visit organized between 07th - 08th Nov. 2019. The information given in the SSDDR is agreed and confirmed by the Concessionaire.

25. PROJECT AGAINST THE PROHIBITED INVESTMENT ACTIVITIES LIST

55. The sub project does not involve any prohibited activity as per the Prohibited Investment Activities List (PIAL) of ADB.

26. OBJECTIVE OF SOCIAL SAFEGUARDS DUE DILIGENCE

56. Social Safeguards due diligence study is carried out to assess the social safeguards monitoring compliance status of the project as per the applicable National policies/procedures as observed during the site visit as well as the information received. The main objective of this Social Safeguard Due Diligence Report (SSDDR) is:

 To assess the likely social impacts and its minimization/mitigation majors adopted for the project with respect to land acquisition, compensation, Indigenous people affected, involuntary resettlement and common properties resources affected, if any, in terms of displacement, loss of incomes, and community links:

 To ascertain, in case of any adverse impact, if appropriate mitigation measures have been taken during the project planning, designing and frameworks established for carrying out safeguard measures during the construction stage to minimize and mitigate such if any adverse impacts.

27. APPROACH AND METHODOLOGY

57. The Social safeguard due diligence study for DBL Mahagaon Yavatmal Highways Private limited (DMYHPL) has been carried out after reviewing the documents made available by the subproject developer and on the basis of site visit to the project location by the Environmental Specialist and Social Safeguards Consultant, discussion with the project developer, various permits and approvals relating to the project to understand the salient features of the project and social concerns. The following documents/Reports/Licenses/permits and notifications were referred in order to prepare the Social Safeguard Due Diligence Report:

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

 Project Appraisal Memorandum (PAM);  Right of Way (RoW) handover letter  Concession Agreement  Lender’s Independent Engineer (LIE) Reports  Labour License & insurance

28. SOCIAL IMPACT OF THE PROJECT

27.1 Land Acquisition in the Project

58. Land acquired for the project is done as per NH Act 1956. Total land required for the project is 487.2860 Ha. out of which 13.7546 Ha of land is yet to be acquired. The detail of land acquisition status is given in the Table 4.

59. During the discussion it was told that the total land as per the information provided by the project developer the purpose wise land for DMYHPL is given in Table 4.

Table 4: Status of Land available at DMYHPL Description Area in Ha Total land required 487.2860 Existing land already in possession (EROW) 207.3504 Govt. Land 24.21 Additional land available 213.1009 Forest Land 28..87 Land to be acquired 13.7547 Total Land Available 473.5313

60. Land acquisition process was initiated prior to IIFCL’s involvement and not in anticipation of ADB financing.

27.2 Impact on Structure

61. The sub-project falls in Yavatmal District in the state of Maharashtra. The entire section of project road is passing through plain terrain. As informed by the concessionaire and noted during the site visit, that no structure is getting affected due to the project.

27.3 Rehabilitation and Resettlement impact in the sub-project

62. Land acquired for the project is done as per NH Act 1956. Compensation is being paid by NHAI as per the Act. There is no rehabilitation and resettlement impact in the project.

27.4 Impact on Indigenous people

63. As per information provided by the concessionaire, the project does not have indigenous people and does not have adverse impact or create any threat to the survival of any indigenous community along the alignment, as no indigenous people are affected in this sub-project.

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Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

29. GRIEVANCE REDRESSAL MECHANISM FOR THE SUB-PROJECT

64. The Complaints received are forwarded to NHAI. NHAI in turn forwards them to the Competent Authority for Land Acquisition (CALA) for redressal. Retired Patwaris, Tehsildars are also employed by NHAI to assist the CALA and locals to get the issues resolved facilitate timely project implementation. During the site visit it was observed that the project authority has formed their own institutional arrangements to deal with local complaints and resolve smaller issues concerns within the GRC framework.

30. EMPLOYMENT GENERATION

65. As per sub project developer, approximately 30% Local skilled/Semi-Skilled & Non Skilled people have been employed in various activities like material testing in laboratory, site supervisors, labours etc. Further it is planned to employ local women during operation of toll plaza.

31. THE COMMUNITY ENGAGEMENT ACTIVITIES

66. As per information provided by the concessionaire, to reach the local people, DMYHPL has undertaken many community developments activities during construction stage of the project. The subproject developer engages with various level of society in various capacities including hiring local talent, promoting road safety, cleanliness other public and community development initiatives.

32. LABOUR LICENSE OBTAINED BY THE SUBPROJECT DEVELOPER

67. The Labour license has been granted to the subproject developer DBL Mahagaon Yavatmal Highways Private Ltd. (DMYHPL) under Section 12 (1) of the Contract Labour (Regulation and Abolition), Act, 1970. The Assistant Labour Commissioner (Central), , Maharshtra, has issued the license for construction with next renewal date of 30th July 2020. As per the labour licenses the subproject developer can employ as contract labour in the establishment shall not, on any day, exceed 200 Nos. Workman compensation insurance is in force till 01/May/2020. The labour license is attached as Annexure XIII & Annexure XIV.

33. DISCLOSURE

68. The ESDDR, after approval from the ADB, will be uploaded for public disclosure on ADB and IIFCL’s website.

34. SITE VISIT OBSERVATION

69. A site visit was undertaken by IIFCL’s Environmental Specialist and Social Safeguards Consultant during 07th & 08th November 2019. The site visit was undertaken to review the implementation of the project’s environmental and social safeguards parameters at the project ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 26

Environment and Social Due Diligence Report DBL Mahagaon-Yavatmal Highways Private Limited

site. The sub-project at the time of site visit was in advance stage of construction, and more than 92% of construction activity was completed and the Concessionaire is hopeful to achieve provisional COD in the month of Dec 2019/Jan 2020.

70. During the site visit and discussions with subproject developer it was observed/noted that :

 The sub-project has been prepared by NHAI under NHDP Phase IV plans and as per its own funding requirement and not anticipation to ADB operation;

 Land acquisition process was initiated prior to IIFCL’s and not in anticipation of ADB funding.

 Land acquisition for the sub project is approx. 97% done till month of Sept 2019 and rest is expected to be completed by December 2019.

 The subproject does not have any indigenous people or communities in the project;

 Construction workers are provided with ready access to on- or off-site health care check- up facilities and are being provided with first aid facilities for minor injuries; This included tie ups with local hospitals for any work or non-work related injuries as well as hospitalization as may be required at their camps (two camp sites)

 As informed during the site visit it was confirmed that no fatal/major accident happened in the project till date.

 Emergency contact numbers have been displayed at the prominent places in project site.

 During the site visit it was observed that, workers and staffs at the site were seen wearing personal protective equipment such as helmets, jackets, boots, gloves etc. Few labor were not seen wearing PPEs which was informed to developer , who has confirmed to enforce PPE.

 As informed by the project developer, after discussions with the local people, the affected cultural properties have been relocated by the concessionaire;

 Local labours are being engaged in the construction activities for skilled as well as unskilled activities;

 It seems that the sub-project does not appear to involve reputational risk to Asian Development Bank funding on social safeguards and recommended for funding under the proposed project.

 Concessionaire has undertaken community development activities based on the demands raised by the local people.

71. Based on the site visits observations and desk review, it appears that the sub-project have no negative significant social safeguard issue.

ESDDR NO. IIFCL/ESMU/ADB/2019/117/V2 27

Regional Office (WCZ) GOVERNMENTOFINDIAzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAGround Floor, East Wing q~fqi(ol. CA ~ \i1t>1ql~ qRqd'i Ji?llt>l~ New Secretariat Building MINISTRYOFENVIRONMENT,FORESTS& Civil Lines, - 440001 CLIMATECHANGE [email protected] F. No. FC-II/MH-75/2017-NGPl~ '2. 9' Dated:zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA19th February, 2018 To The Secretary, Govt. of Maharashtra, Revenue & Forest Department, Mantralaya, Mumbai-400032 Sub: Diversion of 34.9831 ha of Forest land in favour of National Highway Authority of India, PIU- Yavatmal for Rehabilitation and upgradation of existing Wardha-Yavatmal-Nanded (Nanded District border) section of NH-361 in Wardha, Yavatmal and Nanded District in the State of Maharashtra. Sir, I am directed to refer to the State Government of Maharashtra's letter no. FLD-3317/CR-434/F-1 0 dated 18.12.2017 on the above subject seeking prior approval of the Central Government under the Forest (Conservation) Act, 1980 and the Addl. PCCF & Nodal Officer (FCA), Government of Maharashtra's letter no. Desk-17/NC/I/ID- /2499/17-18 dated 22.01.2018 forwarding additional information as sought by teh Regional Office vide its letter of even number dated 16.01.2018 and to say that the said proposal has been examined and approved by the Regional Empowered Committee constituted under Section - 4 of the Forest (Conservation) Act, 1980. After careful examination of the proposal of the State Government and on the basis of the approval of the proposal by the Regional Empowered Committee, the Central Government hereby accords 'in-principle' under Section - 2 of the Forest (Conservation) Act, 1980for diversion of 34.9831 ha of Forest land in favour of National Highway Authority of India, PIU- Yavatmal for Rehabilitation and upgradation of existing Wardha- Yavatmal-Nanded (Nanded District border) section of NH-361 in Wardha, Yavatmal and Nanded District in the State of Maharashtra subject to the fulfilment of the following conditions: i. Legal status of the diverted forest land shall remain unchanged; ii. Compensatory afforestation over the degraded forest land, twice in extent to the forest land being diverted, shall be raised and maintained by the State Forest Department at the cost of the User Agency; iii. The User Agency shall transfer the cost of raising and maintaining the compensatory afforestation, at the current wage rate, to the State Forest Department. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years; iv. The State Government shall charge the Net Present Value (NPV) of the forest land being diverted under this proposal from the User Agency as per the orders of the Hon'ble Supreme Court of India dated 28.03.2008, 24.04.2008 and 09.05.2008 in Writ Petition (Civil) No. 202/1995 and the guidelines issued by this Ministry vide its letter No. 5-3/2007-FC dated 05.02.2009 in this regard; v. At the time of payment of the Net Present Value (NPV) at the then prevailing rate, the User Agency shall furnish an undertaking to pay the additional amount of NPV, if so determined, as per the final decision of the Hon'ble Supreme Court of India; vi. All the funds received from the user agency under the project, except the funds realized for regeneration/ demarcation of safety zone, shall be transferred to Ad-hoc CAMPA through e-challan in the Savings Bank Account pertaining to the State concerned; vii. The User Agency shall obtain the Environment Clearance as per the provisions of the Environmental (Protection) Act, 1986, if required; viii. The boundary of the diverted forest land, shall be demarcated on ground at the project cost, by erecting four feet high reinforced cement concrete pillars, each inscribed with its serial number, forward and back bearing and distance from pillar to pillar; ix. The user agency shall arrange to raise strip plantation on either side of the road and central verge at project cost, as per IRC specification, with maintenance of 7-10 years. x. Wherever possible and technically feasible, the User Agency shall undertake afforestation measures along the roads within the area diverted under this approval, in consultation with the State Forest Department at the project cost. xi. The reclamation of quarry should be done under the supervision of the State Forest Department. The quarry shall be reclaimed and afforested completely before the project is closed. xii. Overburden shall not be dumped outside the width of the road. The muck generated in the earth cuttings will be disposed of at the designated dumping sites and in no case the muck/debris will be allowed to roll down the hill slopes. xiii. The user agency will provide retaining walls, breast walls and drainage as per requirement to make the slope stable; xiv.zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAThe User Agency shall prepare and implement a comprehensive Soil Conservation Plan in the forest area being in consultation with the State Forest Department at the project cost. A Plan on the same shall be submitted along with the compliance report of the Stage-I approval; xv. The designing of culverts/bridges, if any, over the natural streams/rivers/canals should be done in such a manner that it does not hamper the natural course of water, does not give rise to water- logging, and also does not hamper movement of wild animals. xvi. Nolabour camp shall be established on the forest land; xvii. The User Agency shall provide fuels preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on the nearby forest areas; xviii. Theforest land shall not be used for any purpose other than that specified in the proposal; xix. The layout plan of the proposal shall not be changed without the prior approval of the Central Government. xx. The forest land proposed to be diverted shall under no circumstances be transferred to any other agency, department or person without prior approval of the Central Government; xxi. Nodamage tothe flora and fauna of the adjoining area shall be caused; xxii.zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAProposed road alignment passing through the forest land shall be provided with the sufficient crossing points in the form of underpasses for wildlife. The User Agency shall ensure that crossing points are provided at an interval ofzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA1 km in the forest patches. Location of underpasses and other crossing points for the wildlife at appropriate locations shall be fixed in consultation with the PCCF (Wildlife), Maharashtra and if required location included in the design of the same shall be shifted as per the suggestion of PCCF (Wildlife); xxiii. As the forest area is inhabited by the Schedule-I species, the User Agency shall meet the cost for implementation of Conservation Plan to be approved by the Principle Chief Conservator of Forests (Wildlife) & CWLW, if required in future; xxiv. Space at the cost of Project Authority should be provided in form of Booths/kiosk! Hall at roads indicated by Forest Department products to facilitate setting up of Forest Check Nakas or Jan-Van- Dhan Stall/Information Centers by the Forest Department; xxv. The existing carriageway in the forest area, in the patches corresponding to re-alignments, shall be dismantled and land shall be handed over back to the State Forest Department. A reclamation plan by planting suitable species of trees be prepared in consultation with the Forest Department and the amount so required will be deposited with the forest department by the user agency for taking up reclamation of the area. A copy of plan so prepared shall be submitted to Regional Office, Nagpur. xxvi. Any tree felling shall be done only when it is unavoidable and that too under strict supervision of the State Forest Department; xxvii. The user agency in consultation with the State Government shall create and maintain alternate habitat/home for the avifauna, whose nesting trees are to be cleared in this project. Bird's nests artificially made out of eco-friendly material shall be used in the area, including forest area and human settlements, adjoining the forest area being diverted for the project; xxviii. Complete compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 shall be submitted in accordance with the provisions of the MoEF&CC's Guidelines dated 5.07.2013 and documentary evidences in support of settlement of rights as stipulated in clause (a) of the Form-I annexed to the MoEF&CC's advisory dated 5.07.2013 viz. copies of records of meetings and consultations with the Forest Rights Committee(s), Gram Sabha(s), Sub-Divisional Level Committee shall be submitted before Stage-II approval. Same shall be ensure by the State Government before grant of working permission and complete compliance shall be submitted along with the compliance report of the Stage-I approval. xxix. The User Agency shall submit six monthly self-compliance reports as on 1st January and 1st July of every year to this office as well as to the Nodal Officer of the State; xxx. The State Government shall monitor compliance of conditions of Forest Clearance and shall submit in this regard yearly report as on 31st December of every year; xxxi. Any other condition that the concerned Regional Office of this Ministry may stipulate, from time to time, in the interest of conservation, protection and development of forests & wildlife; xxxii. The User Agency and the State Government shall ensure compliance to provisions of the all Acts, Rules, Regulations and Guidelines, for the time being in force, as applicable to the project; and xxxiii. Grant of working permission to the extant proposal may be considered by the State Government in accordance with the provisions as contained in the MoEF&CC's Guidelines dated 28.08.2015. Working permission, if considered by the State Government in accordance with the MoEF&CC's Guidelines dated 28.08.2015, should be accorded only after ensuring complete compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 After receipt of a satisfactory compliance report from the State Government in respect of conditions no. (iii), (iv), (vi), (xiv), (xxii), (xxv), (xxvii), (xxviii) and undertakings in respect of all other conditions, duly authenticated by the competent authority in the State Government, the proposal will be considered for grant of Stage-II approval under the Forest (Conservation) Act, 1980.

Yours faithfully,zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA ~. \ ~~(,vv-' ~ ..., \,VzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA (Suresh Kumar'A ap~ Scientist '0' Copy to: 1. The PCCF, Government of Maharashtra, Nagpur. 2. The Nodal Officer FCA), 010 of the PCCF, Government of Maharashtra, Nagpur. 3. The Director, ROHa, MoEF&CC, Indira Paryavaran Bhawan, Aliganj, Jorbagh Road, New Delhi 4. User Agency. r\ 5. Guard File. ~{-- (Suresh Kumar Adapa) Scientist '0' 1-TRU ttotk Regional Office (WCZ) GOVERNMENT OF INDIA Ground Floor, East Wing cHur, i t v1Mdtq uf3i iiieizT New Secretariat Building MINISTRY OF ENVIRONMENT, FORESTS & Civil Lines, Nagpur - 440001 CLIMATE CHANGE [email protected] Dated: 11th June, 2019 -NGP 15 3 g_S" F. No. FC - II/MH - 101/2019 To

vl‘Secretary, Govt. of Maharashtra, Revenue & Forest Department, Mantralaya, Mumbai-400032 Sub: Diversion of additional 11.4926 ha Reserved Forest Land for already approved 34.9831 ha area, in favour of National Highway Authority of India (NHAI), PIU-Yavatmal for Rehabilitation and Upgradation of existing 2 lane to 4 lane configuration of NH-361 between Km 110.800 to Km 207.200 (Design Chainage - Km 342.000 to 440.000) under NHDP Phase - IV in Yavatmal District in the state of Maharashtra— regarding.

Sir, I am directed to refer to the State Government of Maharashtra's letter no. F-5- 31/2018/10-2 dated 18.09.2018 on the above subject seeking prior approval of the Central Government under the Forest (Conservation) Act, 1980 and APCCF, Nodal Officer (FCA), Government of Maharashtra letter no Desk-17/NC/RS-1/1D-12683/16519-20 dated 8.05.2019 forwarding additional information as desired by the Regional Office vide its letters of even number dated 6.03.2019 and to say that the said proposal has been examined by the Regional Empowered Committee constituted under Section -4 of the Forest (Conservation) Act, 1980. In this connection, I am directed to convey that after careful examination of the proposal and based on the recommendations of the State Government and approval of the proposal by the Regional Empowered Committee, the Central Government hereby accords 'in-principle' approval under Section-2 of the Forest (Conservation) Act, 1980 for diversion of additional 11.4926 ha forest land for already approved 34.9831 ha area, in favour of National Highway Authority of India (NHAI), PIU-Yavatmal for Rehabilitation and Upgradation of existing 2 lane to 4 lane configuration of NH-361 between Km Km 342.000 to 440.000) under NHDP Phase - IV in 110.800 to Km 207.200 (Design Chainage - Yavatmal District in the state of Maharashtra subject to fulfilment of following conditions:

i. Legal status of the forest land shall remain unchanged; ii. Compensatory afforestation a. Compensatory afforestation shall be taken up by the Forest Department over 23 ha double degraded forest land (Compartment No. 424, Range- Ner, District- Yavatmal) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided; iii. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years; iv. NPV: The State Government shall charge the Net Present Value(NPV) for the 11.4926 ha a. forest area to be diverted under this proposal from the User Agency as per the orders of the Hon'ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter N. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard; Additional amount of the NPV of the diverted forest land, if any, becoming due after b. finalization of the same by the Hon'ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect; User agency shall restrict the felling of trees to minimum number in the diverted forest land and v. the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department; All the funds received from the user agency under the project shall be transferred/ deposited to vi. CAMPA fund only through e-portal (https://parivesh.nic.ini); The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate vii. from the concerned District Collector; User agency shall raise strip plantation on both sides and central verge of the road as per the viii. IRC norms; Speed regulating signage will be erected along the road at regular intervals in the Protected ix. Areas/ Forest Areas; The existing carriageway in the forest area, in the patches corresponding to re-alignments, shall x. be dismantled and land shall be handed over back to the State Forest Department. A reclamation plan by planting suitable species of trees be prepared in consultation with the Forest Department and the amount so required will be deposited with the forest department by the user agency for taking up reclamation of the area. A copy of plan so prepared shall be submitted to Regional Office, Nagpur. As the forest area is inhabited by the Schedule-I species, the User Agency shall meet the cost xi. for implementation of Conservation Plan to be approved by the Principle Chief Conservator of Forests (Wildlife) & CWLW, if required in future; User Agency shall obtain Environmental Clearance as per the provisions of the Environmental xii. (Protection) Act, 1986, if applicable; The layout plan of the proposal shall not be changed without prior approval of Central xiii. Govemment; xiv, No labour camp shall be established on the forest land; xv. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel; The boundary of the diverted forest land shall be suitably demarcated on ground at the project xvi. cost, as per the directions of the concerned Divisional Forest Officer; No additional or new path will be constructed inside the forest area for transportation of xvii. construction materials for execution of the project work; The period of diversion under this approval shall be co-terminus with the period of lease to be xviii. granted in favour of the user agency or the project life, whichever is less; The forest land shall not be used for any purpose other than that specified in the project xix. proposal; xx. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India; xxi. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-42/2017-FC dt 29/01/2018; xxii. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife; xxiii. The compliance report shall be uploaded on e-portal (https://parivesh.nicin/); After receipt of a report on the compliance of conditions no iii, iv (a), vi, vii, x and undertakings, duly authenticated by the competent authority in the State Government, in respect of all other conditions, from the State Government, formal approval will be considered in this regard under Section-2 of the Forest (Conservation) Act, 1980.

Yours faithfully,

(Dr. E Arockia Lenin) Scientist 'C' Copy to:

i. The PCCF, Government of Maharashtra, Nagpur. ii. The Addl. PCCF & Nodal Officer (FCA), Government of Maharashtra, Nagpur. iii. Director (RoHQ), Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi. iv. User agency. v. Guard file. (Dr. E Arockia Lenin) Scientist 'C' Er-rsry* 39 fffieq;fi

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MAHARASHTRA POLLUTION CONTROL Phone : 957172-251965 BOARI) I ..;;,,,*=. ldlon B!?y?n, First Ftoor, Opp. Bus Stand, Fax : 957172-251965 Railway Station Road, Chandrapur-442401 I@_t Email : [email protected] Chandrapur -442401 qlr.gor'.in W

Orange/S.S.I Date: 09/08/2017 con.sent No: RO-GHANDRAPUR/)}NSENT/1208000J85/ &L r /20 I r Consent to Establish under Section 25 ofthe Water (Prevention & Control of Pollution) Act, Lg74 & under section 2l of trr" air-tpr"".rri". g, control of Pollution) Act, 1gg1 and Authorizati"; i n-"r**"r""..r Authorization under Rule b of the Hazardous wastes Handling&Trans-boundaryMovement)Rules2008 tru"""g;;"r,

[To be referred as water Act, Air Act and Hw (M&H) R,les i.bslectivelyl. CONSENT is hereby granted to

N'I/s. Dilip Buildcon Ltd., S. No. 9812, 130, l^}Zfl,Viliageilahasola, Tal. Dist. Yavatmal. , i::: :i Located in the area declared und.er ant 6"-1isib"" or the Water Act, Air act and Authorization under the provisions of tfW Ofgii n"f*^r"a amendments thereto subject to the provisions of the A-ct a+&,,.th" n.ri", ,ra it orders that may be made further and subject to the foilowing iu.-. and condifions:" Ill:'=,:,i":.. ":, :' L. The consent to Estabrish'is gr*hnted for a period up to: commissioning of the unit or 5 years whichever is earlier. = :,. :.:, 2. The Consent ii vdid fu tt manufacture of " - Sr. Nol F:ttduct Narne Maximurn Quantitv UOM 1 "'Stone Crusher 250 MT/Hr. .:l wluM(DLC) 200 MT/Dav d Sand Classifier 640 TPD 4 RMC M 2.5 700 M3/Dav 5 RMC CP3O 200 M3/Dav

:3. CONDITIONS '(ii) UNDER WATERACT: The daily quantity of trade effluent from the factory shall not exceed 6.0 MB. (ii) The quantity daily of sewage effluent from the factory shall not exceed 12.0 Mr. (iii) Trade Effluent: The applicant shall provide comprehensive treatment system consisting of primary / secondary and/or tertiary trealment as is warranted with reference to * influent quality and operate and maintain the same continuously so as to achieve the quality of the treated effluent to the following standards: pH 1) Between 5.5 to 9.0 exceed 100 mg/l. 3l Bmtf*j;,'i d s7 100 mg/I. 4) c.o.D Not to exceed 250 mg/1. 5) Oil & Grease Not to exceed 10 mg/l. 6) Total Dissolved Solid Not to exceed 2100 mg/l. 7) Chlorides Not to exceed 600 mg/I. (iv) Trade Effluent Disposal: Treatment: The applicant shall reuse the treated effluent for batch mixing.

(v) Sewage Effluent Treatrnent: The applicant shall plovide complehensive treatment system as is warranted with reference to influent quality and operate and maintain the same continuously so as to achieve the quality of treated effluent to the following standards.

(1) Suspended Solids Not to exceed 100 mg/I. (2) BOD 3 days 27o C. Not to exceed 100 mg/l.

(vi) Sewage Effluent Disposal: The treated domestic effluent shail be soaked in a soak pit, r,vhich shall be got cleaned. periodically. Ovelflow, if any, shall be used on land for gardening / plantation only.

(vii) Non-Hazardous Solid Wastes:

Sr. No. Tvpe Of Waste Quantity UONI Treatment DisPosal 1 Stone Dust 100 Ton/Day Bl'Sale

(viii) Other Conditions: Industry should monitol effluent qualit5'regulalll'.

4. The applicant shall comply with the"',D-rOvisions of the'Water (Prevention & Control of Pollution) Cess Act, fi77 (to be referred as Cess Act) and amendment Rules, 2003 there under The daily water consumptioitr the following categories is as under:

(i) Domestic purPose ... 15.00 clID (ii) Water gets Polluted & Poilutants are Biodegradable ... 7.00 c\ID (iii)Water gets Polluted, Poliutants al'e not Biodegladable & Toxic ... 0.00 c\ID (iv) Inclustrial Coolingr spraying in mine pits or borle'- feed .... 0.00 clID

The appliCant shall regularly submit to the Boald the letr.rlns of rvatel consumptio" iA tn" prescribed form and pay the Cess as specified undel Section 3 of the said Act. 5.' ND IONS UNDERAIRACT: 1 iil,,.tn" applicant shall install a comprehensive control system consisting of (' to generation of emission GI control equipments as is warranted with reference o and operate and maintain the same continuously so as to achieve the level a of pollutants to the following standards: It

a. Control EquiPment: ti) Stone crusher will be provided with dust Collector and Automatic Water Sprinkler. piles [ii) Scientific spraying of water on all working area, dump area, stock (I with the help of appropriate dust suppression system' n Iiii) Stone shall be properly covered during transportation. around Iiv) The applicant shall carry out tree plantation along road side, dumpi tr Compulsory a forestation as per proposal approved by'Forest 2 Department.Thetreeplantationprogramshall'be.takenupwellin advanceoftheactualminingactivity,so-thatgreenbeltofsufficientwidthand surrounding and height is J"vetoped b-"etwee[ mining area/road environment' [vJBlacktoppedmetaledroadsshallbeprovidedandwellmaintainedto prevent dust formation' 'Overloading to prevent spillages' [viJ of dupers shall be avoided

Standards for Stack Emissions: fuel pattern:- The applicant shall observe the follorving UOM Sr. No. Tvpe OfFuel SuantitY LtrlDay 1 HSD 1185 .) HSD 590 LtrlDay HSD 195 LtrlDay D Ltr/Day 4 HSD 130 95 LtrlDaY a) HSD of the following (i') The apPlicant shall erect the chirnney(s) specifications:- in Mtrs. Sr. No. Chtrr*"y Ategbg{-To Height T),'cf Collector 5.0'(Above roof) 1 (Above roo0 c) DG 5OO KVA E o 3.0 (Above rqe-t)- o DG 160 KVA 2.5 (A 4 S"".t Air Classifier Z.o (i\Do 5 R\'IC Plant CP 30 and facilities such as (ii') The applicant shal}';pr'a,ni$eporls in,the chimney/(s) ladder,p}atformete.{oi.monitoring^theairemissionsandthesameshallbe Board's Staff. The chimnev(s) vents open for inspectiq+-;;ril for use of tn" t"o"'""t of emission shali be designated by numbers attached to, ,raiiouj" to facilitate ,""i'.?S--i;'S:t,;;;."rrrJ tn"." shall be painted/ displaved

identificatibn. = i :'' 'llir::::' measures for control of noise levels from (iv) The,.industry shall take adequate qualitv the premises so as to maintain ambient air i#ft;;;"".-*itrri, during day time and 70 irr r".p""foi"olt" to less than 75 dB(A) iitarr'dard in between 6 a'm' and 10 during night iime' Day time is reckoned =dB(A) p'm' and 6 a'm' ,rig't t ti*" is reckoned between 10 n-.*. ""a Conditions: (v) Other in surrounding area' 1. The ind-ustry should not cause any nuisance 2.Theindust*v.t,o..tamonitorstackemissionsandambientairregularly. ) & WASTE (MANAGEMENT, HANDLING 7. C0NDITIoNS UNDER HAZARDOUS MovEMENT) RULES' 2 008: inaNssouNDRY- ^-O waste' The Ind.ustry shall not generate any ltazandous following additional conditions: B. Industry shall comply with

i.Theapplicantshailmaintaingoodhousekeepingandtakeadequatemeasuresu" not to cause nuisance to for control ;;il"ti;" r'o'" all sources 'o "farea / inhabitants' surrounding 3

4|<,2 a ii. The applicant shall bring minimum 33% of the available open land under green coverage/ tree plantation. I iii. Solid waste - The non hazardous solid waste arising in the factory premises, sweepings, etc., be disposed of scientifically so as not to cause any nuisance / pollution. The applicant shall take necessary permissions from civic authorities for disposal to dumping ground. iv. The applicant shall provide for an alternate electric power source sufficient to operate all pollution control facilities installed by he applicant to maintain compliance with the terms and conditions of the consent. In the absence, the applicant shall stop, reduce or otherwise, control production to abide by terms & conditions of this consent regarding pollution levels. v. The applicant shall not change or alter quantity, quality, the rate of discharge, temperature or the mode of the effluent / emissions or hazardous wastes or control equipments provided for without previous written permission of the " Board. .,, r,. vi. The applicant shall provide facility for collection of environmental samples and samples of trade and sewage effluents, air emissions and- hazardous wastes to the Board staff at the terminal or designated points and shall pay to the Board for the services lendered in this behalf. vii. The applicant shal1 make an application for renewal the consent at least 60 days before the date ofthe expiry ofthe consent. viii.The firm shall submit to this office, the 30th day of Septerubel every year', the Environmental Statement Report for the financial ]'ear ending 31., N,Iar.ch in the prescribed Form-V as pre the provisions of lule 14 of the Envi.onment (Protection) (Second Amendment) Rules, 1992. ix. As inspection book shall be opened and ,.,ade available to the Boald's offrcers during theil visit to the applicant. . x. The applicant shall install a separate electlic meter showing the consnmption of energy for operation of domeslic-.and industrial effluent treatment plants and air pollution control syBtenr-; register showing consumption of chemicals used for treatment shall be maintained. xi. Separate drainage system shall be provided for coilection of trade and servage effluents. Terminal manholes shall be provided at the end of collection system with arrangement for measuring the flow. No effluent shall be admitted in the pipes / sewers doWn:,-stream of the terminal manholes. No effluent shall find its way other thahjn designed and provided collection system. xii. Neither storm'water nor discharge from other premises shall be allowed to mix with th fflieiits from the factory. xiii.The *oject authorities shall install well designed water sprinkling air'dng'iruients including fixed and mobile sprayers for dust suppression.

9;=.-fte{apital investment of the industry is Rs. 731.40 Lacs. $

To, M/s. Dilip Buildcon Ltd., #3!}J* S. No. 9812,130, L32lL, Village Mahasola, Tal. Dist. Yavatrnal. Received Consent fee of - Sr. No. Arnount(Rs.) Transaction No. Transaction Date I 250001- TXN1707000501 06-07-20L7

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