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RP: Pakistan: 04MW Hydel Power Plant Thak Nullah, Chilas

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RP: Pakistan: 04MW Hydel Power Plant Thak Nullah, Chilas Resettlement Plan August 2012 MFF 0005–PAK: Renewable Energy Development Sector Investment Program—Tranche 3 Prepared by Gilgit Baltistan Water and Power Department for the Asian Development Bank. WATER AND POWER DEPARTMENT GILGIT BALTISTAN 04 MW HYDEL POWER PLANT THAK NULLAH, CHILAS LAND ACQUISITION AND RESETTLEMENT PLAN AUGUST 2012 L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla Chilas CONTENTS LIST OF ABBREVIATIONS..............................................................................................................(i) DEFINITION OF TERMS .................................................................................................................(ii) TABLE OF COMPARISION EXECUTIVE SUMMARY ........................................................................................................................ 4 I. INTRODUCTION........................................................................................................................... 9 A. Background 9 B. Project Description 9 II. LEGAL FRAMEWORK ............................................................................................................... 11 A. Pakistan’s National Laws and Regulations 11 B. ADB’s Safeguard Policy Statement and Resettlement Principles 12 C. Comparison of LAA 1894 and SPS 2009 and Gap Filling Measures 14 D. Remedial Measures to Reconcile Gaps between the LAA 1894 and SPS 2009 16 III. COMPENSATION ELIGIBILITY AND ENTITLEMENTS .............................................................. 17 A. Eligibility 17 B. Entitlements for AFS 17 C. Entitlement Matrix 18 D. Valuation of Affected Assets and Unit Cost for Compensation 19 IV. ASSESSMENT OF IMPACTS ........................................................................................................ 21 A. Strategy for Land Acquisition and Resettlement Minimization 21 B. Potential Land Acquisition and Resettlement Impacts 21 C. Impacts on Land Due to Construction of Project Structures 22 D. Impacts on other Economic Assets Due to Construction of Project Structures 23 E. Impacts on Land Due to Construction of Transmission Line and Gridstation 25 F. Impacts due to Temporary Land Acquisition 26 G. Vulnerability Impact Allowance: 26 H. Positive Impact of the Project (Indirect Benefits) 27 V. SOCIO-ECONOMIC PROFILE .................................................................................................... 28 A. Field Investigation Methodology 28 B. Socio-Economic Environment 28 C. Socio-Economic Profile of Affected Persons 31 D. Indigenous People 32 TOC - I L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla Chilas VI. CONSULTATION AND DISCLOSURE ....................................................................................... 33 A. Consultation Undertaken for the LARP 33 B. Main Concerns of the Participants 33 C. Compensation Options Discussed 33 D. GB-WPd Response to the Community Concerns Raised During Consultation 34 E. Meetings with Line departments 34 F. Information Disclosure Plan 34 G. Future Consultation 34 VII. INSTITUTIONAL ARRANGEMENTS .......................................................................................... 35 A. Budgeting 39 B. Fund Flow 39 C. Land Acquisition Costs 39 D. Compensation Cost of Economic Assets 40 E. Compensation cost of NHA Road Row Damages 40 E. Vulnerability Impact Allowance 40 F. Total Cost of LARP Implementation 41 IX. LARP IMPLEMENTATION PROCESS AND SCHEDULE ........................................................... 42 A. LARP Implementation Process 42 X. MONITORING AND EVALUATION............................................................................................. 44 A. Internal Monitoring 44 B. Reporting Requirements 45 TABLES Table 1: Steps in Land Acquisition Act (LAA) 1894 and Timelines for the Project Table 2: Comparison of LAA and ADB Policy and Gap Filling Measures Table 3: Entitlement Matrix Table 4: Unit Compensation Rates of the Affected Assets Table 5: Permanent Land Acquisition due to Construction of Project Structures Table 6: Extent of Impact on Agriculture Land Table 7: Loss of Economic Assets for Thak Nullah Hydropower Project Table 8: Permanent Land Acquisition due to Construction of Grid Station and Transmission Line Table 9: Temporary Land Acquisition for Thak Nullah Hydropower Project Table 10: Affectees Eligible for Vulnerable Allowance Table 11: Socio-Economic Indicators of Villages Falling around Project Area Table 12: Sources of Income in Surveyed Villages Table 13: Average Annual Income per Household in Surveyed Villages Table 14: Cost of Permanent Land Acquisition for Thak Nullah Hydropower Project TOC - II L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla Chilas Table 15: Cost of Temporary Land Acquisition for Thak Nullah Hydropower Project Table 16: Compensation Cost for Economic Assets Table 17: Total LARP Cost Table 18: LARP Implementation Schedule –Thak Nullah Hydropower Project FIGURES Figure 1: Project Location Figure 2: Institutional Setup for LARP Implementation APPENDICES Appendix 1: Section – 4 Notification Appendix 2: Proposed Land Acquisition Rates Fixed by DLC Chilas Appendix 3: Unit Rates for Various Structures/Trees as Fixed by GB PWD/DC Chilas Appendix 4: Inventory of Loss of Land and other Economic Assets due to Project Implementation Appendix 5: Estimate of NHA Road ROW Damages Provided by NHA Appendix 6: List of Participants during Local Consultations and List of Line Departments Visited Appendix 7: Total Compensation Payable to Individual Affectees PHOTOGRAPHIC DOCUMENTATION TOC - III L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla Chilas LIST OF ABBREVIATIONS ADB Asian Development Bank AH Affected Household AF Affected Family DC Deputy Commissioner DPs Displaced persons DPC Displaced Persons Committee CAS Compulsory Acquisition Surcharge DLC District Land Collector EA Executing Agency ESDC Environment Social Development Cell GRC Grievance Redress Committee HPP Hydro Power Project IP Indigenous Peoples IR Involuntary Resettlement LAA Land Acquisition Act, 1894 LAC Land Acquisition Collector kV kilovolt LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LRD Land Revenue Department M&E Monitoring and Evaluation MFF Multi-tranche Financing Facility GB WPD Giligit Baltistan Water and Power Department GB EPA Gilgit Baltistan Environmental Protection Agency OP Operational Manual PMU Project Management Unit REDSIP Renewal Energy Development Sector Investment Program ROW Right of Way WAPDA Water and Power Development Authority i L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla Chilas DEFINITION OF TERMS Terms Definition All members of a project affected households residing under one roof and operating Affected Household: as a single economic unit, who are adversely affected or displaced by the Project or any of its components; may consist of a single nuclear family or an extended family group. In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or Displaced Persons: economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, Entitlement: depending on the nature of their losses, to restore their economic and social base. Income Restoration: Reestablishment of income sources and livelihoods of AFs. For a project involving involuntary resettlement, a resettlement plan will be prepared Involuntary that commensurate with extent and degree of the impacts. The degree of impacts Resettlement: shall be determined by i) the scope of physical and economic displacement and ii) the vulnerability of the affected persons. Structures constructed (dwelling unit, fence, waiting sheds, animal pens, utilities, Improvements: community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. The process whereby a person is compelled by a government agency to alienate all Land Acquisition: or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a compensation. Compensatory measures provided under the ADB Policy Framework on Involuntary Rehabilitation: Resettlement other than payment of the replacement cost of acquired assets. The borrower/client will provide adequate and appropriate cash compensation at full replacement cost for lost land and structures applicable to persons with formal legal Replacement Cost: rights to land / structures. The rate of compensation will be calculated at full replacement cost based on fair market value/transaction cost. Resettlement Impact: The nature and value of livelihood loss caused by the acquisition of land and/or asset Distinct group of people who may suffer disproportionately from resettlement effects. The policy defines vulnerable groups as households below the poverty line, the Vulnerable Groups: elderly, those without legal title to assets, landless, women, children and indigenous people. ii L Acquisitio a Resettleme Pla 04MW Hde P Plan, T Nlla
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