Technical Assistance Consultant’s Report
Project Number: 36188 November 2008
NEPAL: Preparing the Secondary Towns Integrated Urban Environmental Improvement Project (Financed by the: Japan Special Fund and the Netherlands Trust Fund for the Water Financing Partnership Facility)
Prepared by:
Padeco Co. Ltd. in association with Metcon Consultants, Nepal Tokyo, Japan
For Department of Urban Development and Building Construction
This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents. (For project preparatory technical assistance: All the views expressed herein may not be incorporated into the proposed project’s design.
TA 7182-NEP PREPARING THE SECONDARY TOWNS INTEGRATED URBAN ENVIRONMENTAL IMPROVEMENT PROJECT
V o l u m e 15: BIRATNAGAR SOCIAL SAFEGUARDS
in association with
Social Safeguard Planning Document
Resettlement Plan and Indigenous People's Plan for Biratnagar Municipality Stage: Draft for Consultation Project Number: 36188 March 2010
Volume 15
Nepal: Secondary Towns Integrated Urban Environmental Improvement Project – Biratnagar Municipality
Prepared by Department of Urban Development and Building Construction, Ministry of Physical Planning and Works, Government of Nepal
The combined resettlement plan/indigenous people's 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.
TABLE OF CONTENTS
GLOSSARY OF TERMS
EXECUTIVE SUMMARY 1
I. PROJECT DESCRIPTION 1 A. Overview 1 B. Subproject Description 1 C. Resettlement Category 3 D. RP/IPP Preparation 3 E. Summary of Key Impacts 4
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 A. Land Acquisition Requirement 5
III. SOCIOECONOMIC INFORMATION/PROFILE 6
IV. INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATION 12 A. Summary of Public Consultation 12 B. Continuation of Public Consultations 12 C. Disclosure of RP/IPP 12
V. GRIEVANCE REDRESS MECHANISMS 12
VI. LEGAL FRAMEWORK 8 A. Government of Nepal Laws 8 B. ADB Safeguards Policy Statement 10
VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 10 A. Eligibility 10 B. Entitlements 10
VIII. INCOME RESTORATION MEASURES 13
IX. RESETTLEMENT BUDGET AND FINANCING PLAN 14
X. INSTITUTIONAL ARRANGEMENTS 14
XI. IMPLEMENTAITON SCHEDULE
XII. MONITORING AND REPORTING 17
ABBREVIATIONS
ADB – Asian Development Bank AP – affected persons BPL – below poverty level CBO – Community Based Organizations CDC – Compensation Determination Committee CDO – Chief District Officer CFC – Compensation Fixation Committee CPR – Community Property Resource DDC – District Development Committee DOR – Department of Roads DSC – Design and Supervision Consultants DUDBC – Department of Urban Development and Building Construction EA – Executing Agency GON – Government of Nepal GRC – Grievance Redress Committee HA – Hectares HH – Households IA – Implementing Agency IP – Indigenous People IR – Involuntary Resettlement LA – Land Acquisition LA Act – Land Acquisition Act MoPPW – Ministry of Physical Planning and Works NGO – Non-Government Organizations NRs – Nepalese Rupees PCO – Project Coordination Office PD – Project Director PH – Physically Handicapped PIU – Project Implementation Unit PLI – Poverty Level Income PM – Project Manager PPTA – Project Preparatory Technical Assistance PSA – Poverty and Social Assessment RP/IPP – Resettlement Plan R&R – Resettlement and Rehabilitation TA – Technical Assistance ToR – Terms of Reference WHH – Women Headed Households VDC – Village Development Committee
WEIGHTS AND MEASURES
sq.m – square meter
GLOSSARY OF TERMS
Land Acquisition means the process whereby land and properties are acquired for the RP/IPP of the project construction.
Baseline Socio-economic Sample Survey The RP/IPP of the baseline socioeconomic sample survey is to establish monitoring and evaluation parameters, it will be used as a benchmark for monitoring the socio-economic status of APs. The survey will cover 10% of affected people and 20% of seriously affected people. The survey will also collect gender-disaggregated data to address gender issues in resettlement. The survey will carry out the following: (i) preparation of accurate maps of the sub-project area; and (ii) analysis of social structures and income resources of the population.
Census The RP/IPP of the census is to register and document the status of potentially affected persons within the sub-project impact area. The census will cover 100% of APs. The census will provide a demographic overview of the population, and will cover people‘s assets and main sources of livelihood.
Compensation means payment in cash or in kind of the replacement value of the acquired property.
Land Acquisition and Compensation Fixation Committee (LACFC) means the committee established under the chair of Chief District Officer as per Land Acquisition Act 2034 for the determination of compensation rate and implementation of compensation taking into consideration replacement value of the properties as guided by the resettlement plan and the use of community valuation methods.
Grievances Resolution Committee (GRC) means the committee established under each sub- project to resolve the local grievances.
Project Affected Person (AP) includes any people including encroachers/ squatters, households, or firms who, on account of changes that result from the project will have their (i) standard of living adversely affected; and/or (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily.
Replacement Cost means the method of valuing assets to replace the loss at market value before the project or dispossession, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs.
Resettlement means all the measures taken to mitigate all or any adverse impacts of the project on the APs property and/or livelihoods including compensation, relocation (where relevant), and rehabilitation.
Relocation means the physical relocation of APs from their pre-project place of residence.
Rehabilitation means the measures provided under the resettlement plan other than payment of the compensation of acquired property.
Vulnerable Groups: Social categories whose livelihoods may be particularly vulnerable to disturbances created by the project. This means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement including: female-headed households, marginalized ethnic groups (Dalits, Freed Kamaiya), Muslims/religious minorities, elderly, disabled, indigenous people (margilized IPs), below poverty line—NRs 3,000 HH per month (source: Nepal Living Standards Survey 2003/2004)), landless or households losing 50% of total landholdings (particularly those totally dependent on agriculture for livelihood), as well as remote villages.
EXECUTIVE SUMMARY
1. The Project1 is to improve quality of life and to help achieve higher and socially inclusive economic growth in key regional centers in Nepal through improved and affordable municipal services delivered effectively, efficiently and reliably by accountable local bodies. The Project will implement urban environmental improvement, on an integrated basis, in the areas of sewerage and drainage, solid waste, and urban roads and lanes in the Biratnagar, Birgunj and Butwal municipalities and water supply in Kavre Valley.2 The municipalities have been carefully selected on the basis of (i) economic growth potential, (ii) demands for urban services, and (iii) urban management capacity. Each town is the main urban centre of an industrial corridor and of importance in external trade.
2. Within Biratnagar municipality, the following subprojects are proposed: (i) drainage and sanitation including two wastewater treatment plants (stabilization pond and reed bed treatment), public and school toilets, and storm water drainage; and (ii) roads and lanes including upgrading of roads, footpaths and walkways.
3. The proposed drainage canals and roads improvements will be constructed within the road public right-of-ways (RoW) and do not require land acquisition. For the two wastewater treatment plants the project will require 10 hectares for the stabilization ponds and 1 ha for the reed bed treatment plant. Both of these require acquisition of private agricultural land with no structures.
4. The project is Category B for Involuntary Resettlement and Indigenous People. The resettlement impacts for individual subprojects in Biratnagar are as follows: (i) waste stabilization ponds wastewater treatment plant at Jatuwa Kathkuppa 14 HHs/79APs (10 vulnerable HHs); and (ii) reed bed treatment plant at Mills Area Rani 1 HH/7 APs (1 vulnerable HH). Vulnerable affected households include (i) government listed Indigenous People, (ii) households losing more than 50% of their total landholdings, and (iii) female headed households. Additional entitlements (e.g., training, additional allowance, assistance in finding replacement farm land) are provided to these vulnerable households to help improve their lives above the pre-project condition. Indigenous people in subproject areas are economically and politically integrated into the mainstream society, and considering the nature and scale of these subprojects, impacts on indigenous peoples are limited to a small number of involuntary resettlement and/or land acquisition. Therefore, an indigenous peoples plan has been combined into the draft resettlement plan, with special assistance measures for vulnerable groups including indigenous people. With improvement of sanitation services, the Project is expected to result in improved health benefits for indigenous people. The Gender Equality and Social Inclusive (GESI) Action Plan also includes specific actions favorable to indigenous people. A combined resettlement plan/Indigenous People's Plan was prepared commensurate to the impacts. A combined resettlement framework (RF) and Indigenous People's Framework (IPF) was also prepared as part of the Project to guide the preparation of RPs for siting of public toilet facilities not expected to have significant resettlement impacts. This report was prepared to be consistent with the RF/IPF, ADB's Safeguards Policy Statement (2009) and GoN policies.
1 The Project was prepared through a Project Preparatory Technical Assistance (PPTA). ADB. 2008. Preparing the Secondary Towns Integrated Urban Environmental Improvement Project. Manila. The PPTA was carried out by the consulting firm PADECO Co., Ltd. of Japan in association with METCON Consultants of Nepal. 2 In the National Urban Policy (2007), Biratnagar, Birgunj and Butwal are referred to as possible regional economic centers in Eastern, Central and Western regions, respectively. 2
5. RP/IPP preparation involved a process of impact assessment through land survey, socio-economic survey and public consultation with affected people and stakeholders in planning and developing mitigation measures to avoid, minimize and/or mitigate any adverse environmental and social impacts. It contains a time-bound implementation plan and budget, institutional arrangements for implementing the plan, and monitoring arrangements. The assessment of losses and land acquisition is based on the preliminary design. The RP/IPP will need to be updated based on the detailed engineering design.
6. For the benefit of the APs, the Nepali version of a Summary RP/IPP will be made available to them with a copy maintained by PCO and PIU offices. A copy of the RP/IPP (draft and final) will be disclosed in ADB‘s website. A Grievances Redress Committee (GRC) will also be set up under the project and meet on a case by case basis to address any grievances and objections resulting from the project.
7. The PIU within the municipality will have a social development officer assisted by social safeguard specialist from the Design Supervision Consultant will implement resettlement activities. A local Non Government Organization (NGO) will be hired by the municipality to link APs to relevant government programs related to social and economic rehabilitation, as well as provide necessary training for livelihood development. Internal monitoring will be the responsibility of the social development officers of the PIU and PCO of the Department of Urban Development and Building Construction (DUCBC) and will start early during the project when the implementation of the RP/IPP starts and will continue until completion of the subproject.
8. The resettlement cost estimate for this subproject includes eligible compensation for land and standing crops, assistance to vulnerable group, and training allowance and is part of the municipality and government contribution to the project costs. The cost related to land acquisition and resettlement/rehabilitation cost will be borne by the municipality with the DUDBC ensuring all costs are met. The PCO is to ensure that APs are compensated prior to land acquisition and commencement of civil works. A detailed indicative budget is given in this report. Costs include land and allowances for affected persons, including vulnerable households.
I. PROJECT DESCRIPTION
A. Overview
9. The Project is to improve quality of life and to help achieve higher and socially inclusive economic growth in key regional centers in Nepal through improved and affordable municipal services delivered effectively, efficiently and reliably by accountable local bodies. The Project will implement urban environmental improvement, on an integrated basis, in the areas of sewerage and drainage, solid waste, and urban roads and lanes in the Biratnagar, Birgunj and Butwal and Kavre Valley municipalities.3 The municipalities, namely, Biratnagar, Birgunj Butwal, and three Kavre Valley municipalities have been carefully selected on the basis of (i) economic growth potential, (ii) demands for urban services, and (iii) urban management capacity. Each town is the main urban centre of an industrial corridor and of importance in external trade.
10. Within Biratnagar municipality, the following subprojects are proposed: (i) drainage and sanitation including two wastewater treatment plants (stabilization pond and reed bed treatment),
3 In the National Urban Policy (2007), Biratnagar, Birgunj and Butwal are referred to as possible regional economic centers in Eastern, Central and Western regions, respectively. 3 public and school toilets, and storm water drainage; and (ii) roads and lanes including upgrading of roads, footpaths and walkways.
11. The proposed drainage canals and roads improvements will be constructed within the road public right-of-ways (RoW) and do not require land acquisition. For the two wastewater treatment plants the project will require 10 hectares for the stabilization ponds and 1 ha for the reed bed treatment plant. Both of these require acquisition of private agricultural land with no structures.
B. Subproject Description
12. Table 1 provides a summary of the proposed subprojects in Birgunj municipality.
Table 1. Summary of Subprojects in Biratnagar Municipality
Sub-projects Function /purpose Description of the Quantification of Location and activities major construction components items / activities Drainage and sanitation Sewer line Develop basic Construction of major and Construction of Right of way of infrastructure for the minor sewer line and 25478 m primary the existing roads improvement of urban manholes sewer line, 35000 m environment, and health secondary sewer line and hygiene of the people and 644 manholes Storm water Develop basic Construction of storm water Construction of Right of way of drainage infrastructure for the drainage 16102 primary and the existing roads improvement of urban 5251 secondary environment, and health drains and hygiene of the people Waste water Develop infrastructure for Construction /upgrading of Construction of one 10 ha of privately treatment the treatment of waste access roads, side waste water owned paddy field plants water and reduce clearance and surface stabilization pond at Jatuwa environmental risk dressing, excavation of and structures associated with health pond, construction of associate with it hazard surface drainage, manholes, collection champers, Construction of one 1 ha of privately boundary wall, reed bed plant and owned paddy field administrative and structures associated at Rani laboratory buildings, with it generator house, watchmen quarter, workers changing room, parking lots, transformer yard, pump operation and control panel building, overhead tank, hand dug well, water supply distribution network, and tree plantation, turfing and landscaping 1.4 Sanitation Develop basic level Construction of public Construction of 15 Public land and (100% sanitation and associated domestic toilets; school public toilets and 8 school coverage) water supply facilities to toilets; tube well drilling and school; subsidies for compounds target groups – urban hand pumps; and software 5000 families to poor, visitors and students promotion (awareness construct private and promote sanitation program) improved toilet 4
awareness among local /ablution units; hand people pumped wells and/or community water schemes in poor areas Roads and Lanes Roads Improve environment, Resurfacing of roads Roads: Upgrading - Existing roads associated with health and hygiene of the dismantled during 80997 sq. m roads, and footpaths drainage lines people reducing the risk construction, upgrading resurfacing - 118997 of adverse environmental roads to blacktopped, sq. m and 13511 m impacts associated with construction of footpaths footpath establishment of basic and kerbs improvement, drainage facility and providing improved access
13. Stormwater Drainage and Sewerage Biratnagar located on the flat land of Terai4, suffers from chronic water-logging problems caused by inadequate capacity of drainage channels due to ad-hoc construction of the drainage system and poor maintenance worsened by obstructions from solid waste dumping. Storm-water drainage systems will be improved together with wastewater management systems, as storm water drainage is currently being used as open sewers, causing bad odors, health risks and pollution of the watercourses. Urban roads and lanes will be reinstated or upgraded where drainage and sewerage pipe networks work will be undertaken. All works will occur within the public right-of-way (RoW) and no land acquisition is required. Mitigation measures to limit impacts during construction are included in the environmental management plan.
14. Two waste water treatment plant sites are identified by the municipality in the eastern site of the municipality area facing the Shinghiya river: (i) Wastewater treatment plant at Jatuwa Kathkupa (Ward No. 18), and (ii) reed bed treatment plan at Mills area, Rani, (Ward No. 22).
15. The waste stabilization pond treatment system is located at Jatuwa Kathkuppa, about 3 km south of the municipal office. The nearest human settlement is located about 500 m away from the site. The site is agricultural land where two crops are grown. The estimated land area for land fill site is 10 hectare (1 bigha of land= 0.67 hectare). Nearby the treatment plant site, a proposed railway line for the dry port is on the way.
16. The reed bed treatment bed is located at Mills area, Rani, Ward No. 22, about 4 km south from the municipality office. It is close to the Nepali Custom office area, an open border area between Nepal and India (500 meters away). The nearest human settlement is about 400 m to 600 m away. The land site is agricultural land where two crops are grown. As this is proposed as the the reed bed treatment plant the estimated land area required for this site is 1 hectare.
17. Community Development Programs. This subcomponent will include skills training mainly for the poor and include affected persons impacted by land acquisition activities created by the Project. A local NGO will be engaged to assist the community development program.
4 The Terai is the southern plain area bordering India. 5
C. Resettlement Category
18. This subproject is Category B (IR and IP) requiring a resettlement plan prepared commensurate to the impacts.5 The resettlement impacts for individual subprojects in Biratnagar are as follows: (i) waste stabilization ponds wastewater treatment plant at Jatuwa Kathkuppa 14 HHs/79APs (10 vulnerable HHs); and (ii) reed bed treatment plant at Mills Area Rani 1 HHs/7 APs (1 vulnerable HH). Vulnerable affected households include (i) government listed Indigenous People, (ii) households losing more than 50% of their total landholdings, and (iii) female headed housholds. As government listed IPs are also affected an indigenous peoples plan has been combined into this resettlement plan, with special assistance measures for vulnerable groups including indigenous people.
D. Resettlement Plan/Indigenous Peoples Plan Preparation
19. The combined RP/IPPIPP preparation involved a process of impact assessment through the following methods: (i) Review of relevant documents, laws, policies and practices on involuntary resettlement, particularly the Government of Nepal and the Asian Development Bank; (ii) consultations with social science experts from relevant institutions in Kathmandu relating to issues such as urban poor, indigenous groups; (iii) meetings and discussions with concerned officials of Biratnagar municipality for various components of the project and their location/site; (iv) field visits while considering the project specific components of the municipality; and (v) focus group discussions with the project affected people in relation to land acquisition and compensation. A small- check list was prepared for obtaining information from the project municipality/institution whereas a questionnaire was designed for collecting information for the project affected person/family. This RP/IPPIPP is prepared through direct consultation with the affected people. Other key stakeholders included members of the municipality. The assessment of losses and land acquisition is based on the preliminary design. The RP/IPPIPP will need to be updated based on the detailed engineering design.
E. Summary of Key Impacts
20. The land area required for the sub project includes both private and public ownership. The total private land area to be acquired totals 11 ha (10 ha for waste stabilization pond treatment plant and 1 ha for reed bed plant) on legally owned agriculture land with no structures.
La ndf ill sit e There are 14 affected land owners for the stabilization ponds site, and 1 land owner for the reed bed treatment site. Table 2 below summarizes the key resettlement impacts.
Table 2: Summary of Resettlement Impacts in Biratnagar Impacts on Land Waste Stablization Pond Reed Bed Treatment Plant at Public toilets Treatment Plant at Jatuwa Mills Area, Rani Kathkuppa Permanent agricultural land to 10 hectare 1 hectare Land is owned be acquired by the municipality Affected land owners (total ) 14 1 0 Affected persons (total ) 79 7 0
5 Projects are assigned an involuntary resettlement category depending on the significance of the probable involuntary resettlement impacts. ―Significant‖ means 200 or more people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).Category A projects require a resettlement plan. Category B projects include involuntary resettlement impacts that are not deemed significant and require a resettlement plan. Resettlement plans are to be prepared commensurate with the level of impacts. 6
Impacts on Land Waste Stablization Pond Reed Bed Treatment Plant at Public toilets Treatment Plant at Jatuwa Mills Area, Rani Kathkuppa Affected household/family 10` 1 0 (total)* Loss of livelihood Households losing agricultural 14 1 0 income from farming their own land Loss of livelihood ( jobs, 0 0 0 business ,etc) Vulnerable Affected 10 1 households BPL 0 0 0 Disability 0 0 0 Indigenous family 4 1 0 Other Vulnerable family- 0 0 Female-headed household and indigenous ) Losing more than 50% of total 6 0 landholdings Affected Structures Permanent residence 0 0 0 Temporary structures 0 0 0 Affected Trees/Crops Fruit trees 0 0 0 Timber trees 0 0 0 Affected Common Property 0 0 0 Resources Household characteristics Average family size 5.6 7.05 0 Average household annual 172,800 257,000 income( based on total crop production and other income )** Primary source of income Agriculture and job Agriculture, pension ,business 0
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
A. Land Acquisition Requirement
21. Figure 1 shows a map of Biratnagar with proposed facility locations. The land area required for the sub project includes both private and public ownership. The total private land area to be acquired totals 11 ha (10 ha for stabilization pond treatment plant and 1 ha for reed bed treatment plant) on legally owned agriculture land with no structures. There are 14 affected land owners (79 APs) for the stabilization pond treatment plant, and 1 land owner (7 APs) for the reed bed treatment plant. Table 2 above summarizes the impacts to land and livelihood.
22. There are no registered tenants and no sharecroppers or seasonal labor hired at either site. Vulnerable persons are amongst the affected person, including 10 at the waste stabilization plant site (IPs and landowners losing 50% or more of their land) and 1 at the reed bed treatment bed site (IP, female HH, and losing 50% or more of their land). 7 8 9
Table 3: Land Acquisition and Cost of Land for the Project Tentative Project Location of Size of land Present land price( in Remarks component land (ha) land use NRs )* Drainage and Sanitation Treatment Pant Jatuwa 10 ha Agriculture 2.5 to 3.5 Exact location and Site 1 – waste Kathkupa , (private) lacks per engineering design might stabilization Ward 18, katha( average change in the final design ponds Biratnagar 3. lack per phase because of proposed municipality katha) railway line Treatment Plant Mills area, 1 ha (private) Agriculture On the dirt ― Site -2 – reed Rani , ward road area Rs bed treatment 22, Biratnagar one to 1.5 plant municipality lacks per katha k per katha, 50 meters inside of the road 50- 75-thousand per katha ( average 1 lac Per katha Public Toilets i) Jute Mills (.033 hectare Land is No new additional land is area , ward or1 Katha owned by the required 19; ii)Jogbani for each municipality Bus Park (In public toilet in each front of site location of Custom the Office, Ward (public land) respective 20, iii) Gudri site Bazar, Ward 14 and ivi) Near the CDO Office , Ward 10 *Note: Cost of land is based on interviews with the project affected people or the land owners of the area. The price of land could be higher or lower considering two factors: (i) The timing of land purchase and (ii) Negotiation with the landowners.
23. Waste Stablization Pond Treatment Plant. The Waste Water Treatment Plant-1 is located at Jatuwa Kathkuppa, about 3 km south of the municipal office. The nearest human settlement is located about 500 m away from the site. The site is agricultural land where two crops are grown. The estimated land area for land fill site is 10 hectares. Nearby the treatment plant site, a proposed railway line for the dry port is proposed. Information on land ownership and requirements is listed in the table 4 below.
10
Table 4: Inventory of Land owners at Jatuwa Kathkuppa Treatment Plant, Biratnagar S.N Map sheet Parcel Plot Owners Area to Total land Land use of Percent of total land Name be holdings acquired holdings lost due to Acquired of Plot land project component in Owner in sq.meter sq.m+ 1 18,152.50 40,635.0 Agriculture 44.7 178-0825-1 13,14,79 Shiva Narayan Yadav 2 5283.75 5283.75 Agriculture 100.0 178-0825-1 103,152 Bimala Devi Yadav ( wife of Shiva Narayan) 3 20,300.84 20,300.84 Agriculture 100.0 178-0825-1 15,16,17 Kalmi Devi Yadav (mother of Shiva Narayan Yadav 4 15,795.0 29238.0 Agriculture 54.0 178-0825-1 74,78, .Niraj Lal Yadav 5 7062.00 10158.90 Agriculture 69.5 178-0825-1 73,75 Sabitri Yadav ( wife of Niraj Lal Yadav ) 6 6779.00 10,158.90 Agriculture 66.7 178-0825-1 81,85,84 Sakuntala Yadav (sSister of Shiva Narayan Yadav ) 7 1161.25 10,158.90 Agriculture 11.4 178-0825-1 18 Ramesh Yadav 8 1448.75 10,158.90 Agriculture 14.3 178-0825-1 112 Nanda Lal Yadav 9 178-0825-1 1354.52 5578.71 Agriculture 24.3 113 Kari Devi Rajbanshi 10 178-0825-1 1580.00 6772.60 Agriculture 23.3 11 Ram Prasad Rajbanshi 11 1715.0 20,317.80 Agriculture 24.9 178-0825-1 83 Ram Prasad Chowdhary 12 11362.0 16,931.50 Agriculture 67.1 178-0825-1 86,79 Hem Raj Chapagain( in Kathmandu) 13 3386.30 14,561.00 Agriculture 23.3 178-0825-1 185 Shambhu Prasad 14 3380.0 6777.26 Agriculture 49.9 178-0825-1 82 Jaya Prakash Chowdhary 11
24. Reed Bed Treatment Plant. The plant is located in Mills Area, Rani, Ward No. 22, Biratnagar municipality and requires 1 hectare of land. An inventory of land owners (plot owners) with their parcels of land to be acquired in square meter, current land use and percentage of land is provided below. In total, private land consists of there are two plots owned by one person (Ms. Nara Maya Gurung) with 7 family members. No tenants are involved in this land ownership. All lands are used for agricultural purposes. Information on land ownership and requirements is listed in the table 5 below.
Table 5: Inventory of Land owners at Mills Area, Rani – Reed Bed Plant, Biratnagar S.N Map sheet Parcel Plot Owners Area to Total land Land use of Percent of total land Name be holdings acquired holdings lost due to Acquired of Plot land project component in Owner in sq.meter sq.m Nar Maya 1 0943/08 4 11940.60 21819.15 Agriculture 55.0 Gurung
Nar Maya 2. 0943/12 1 1913.00 3012.00 Agriculture 63.5 Gurung
III. SOCIOECONOMIC INFORMATION/PROFILE
25. According to the 2001 census, the total household and population of this sub metropolis was 38,678 and 166,674 respectively with an average household size of 4.3 persons per household. The 2011 projected population is 271,354, a growth rate of population by 3.98 per cent per annum.
Table 6: Major ethnic/caste groups in Biratnagar municipality Caste/ethnicity Population % Hill caste/ethnicity Hill Brahmin 37,493 Chhetrti 18,068 Newar ( Indigenous/Janajati 9,594 (5.3%) Rai (―) 2,821 (1.6%) Kami, Damai, Sarki ( Dalit- 1,708 (1.0%) vulnerble pop.): total Other –caste/ethnicity(total ) 5,847 Total –Hill caste/ethnicity 75,531 41.9 Tarai caste/ethnicity Tharu( Indigenous/Janajati 4,994 (2.8%) Rajbansi( indigenous/Janajati) 5,028 (2.8%) Dhanuk(‗‖) 6,587 (3.7%) Muslim 16,490 (9.2%) Baniya 2,503 Yadav 7,320 Kewat 7,078 Malaha (indigenous) 4,460 (2.5%) Marwari 5,737 12
Caste/ethnicity Population % Teli 5,493 Halwai 3,330 Kayastha 3,618 Dushad/Paswan.(Dalit- 2,635 (1.5%) vulnerable po.) Other Tarai Dalit ( total) 5,288 (3.0%) Other Tarai caste/ethnicity(total) 24,046 Total Tarai caste/ethnicity 104,607 58.1 Total Population 180,138 100 Source: Akikrit Nagar Profile B.S 2064(Integrated Town Profile, 2007), Biratnagar Municipality
26. By caste/ethnicity, Biratnagar municipality has mixed populations; almost 42% of the populations are the Hill- origin people and the rest are the people of Tarai origin. As this is the market city for the people of Eastern Nepal, good percentage of business people such as the Baniya, Halwai, Teli (Saha), Marwari and others are also found. A good percentage of Hill (6.9%) and Tarai indigenous people (11.8%) are living within the municipality area. About 37% of the indigenous people are poor (Poverty profile and Map 2009). In addition, a good percentage of the vulnerable population such as Hill (1.0 %) and Tarai Dalits (4.5%) are also found in Biratnagar municiplaity. The major findings of this survey are:
(i) 11% of total households are headed by female. (ii) About 37% of people are indigenous and 62% of them have migrated from another city. (iii) About 81% of households have the facility of electricity. (iv) About 81.5% of the households are relying on their private well, hand pump and piped water connection and still 18% rely on public water source. (v) About 78% of people have the modern toilet facility. About 21% still use the open field as their public toilet. The percentage of people using the public toilet facility is very nominal. Still there is large percentage of people requiring toilet for proper sanitation system (Poverty profile and Map, 2005, p.29).
A. Socioeconomic Profile of Persons at Waste Stabilization Pond Site in Jatuwa Kathkuppa
27. In Jatuwa Kathkuppa, a total of 14 land owners exist with a total population of 79 persons (37 male and 42 female). The average household size is 5.64 persons. The land is agricultural land where two crops are grown. Of the total 14 landowners 4 are government listed indigenous families including one female-headed household. Except few government employees, most of the affected households are farmers. The average household annual income is NRS 172,800 (there were seven households and 51 people surveyed for income data purposes) or the per capita annual income is NRS 23,671.23. Therefore, the income level of the affected households is higher than the national urban average. The income is calculated based on total agricultural production, and other sources of income such as business, jobs, etc. According to the NLSSII 2003/04, the urban per capita income (excluding the Kathmandu Valley) was NRS 11,502. respectively. Many of them wanted to sell their land and invest the received cash compensation for buying more and better quality land elsewhere. At present, 6 land owners are losing more than 50% of their land. Two of these are loosing 100 per cent of 13
their land and both of them are female. Each land owner owns a house(s) outside of the project area. In terms of family/household composition, three land owners are related family. Mr. Hem Raj Chapagain is the absentee landlord who stays in Kathmandu. Mr. Shambhu Prasad does not live in Jatuwa Kathakuppa but in other ward of Biratnagar municipality. Paddy and wheat are the major crops grown in this area. Two households have illiterate household heads. The 14 land owners own a total of 206,862.06 square meter of land out of which the project component acquires 98,760.91 square meter. Considering the market value of land (average Rs.3 lacks per katha as the land is located within the municipality area) this land holding can be considered good in the emerging urban towns such as Biratnagar. The table below shows the socioeconomic profile of affected persons at the waste stabilization pond site at Jatuwa Kathkuppa. There are six households losing 50% or more of their total landholdings, and are therefore classified as vulnerable under this Project. One household is a female HH and IP. Together with the vulnerable groups, there are a total of 10 vulnerable households. Detailed income and socioeconomic information will be collected during the census as part of the updated RP/IPP at detailed design stage.
B. Indigenous People
28. The four indigenous people households (2 Rajbanshi and 2 Tharu), in the subproject area are economically and politically integrated into the mainstream society, and are migrants tothese areas. These lands are not considered their ancestral/tribal lands. Considering the nature and scale of these subprojects, impacts on indigenous peoples are limited to a small number of involuntary resettlement and/or land acquisition. Therefore, an indigenous peoples plan has been combined into the draft resettlement plan, with special assistance measures for vulnerable groups including indigenous people. With improvement of sanitation services, the Project is expected to result in improved health benefits for indigenous people. The Gender and Social Inclusive Plan (GESI) also includes specific actions favorable to indigenous people.
Table 7: Socioeconomic Profile of Affected Households at Waste Treatment Site, Jatuwa Kathkuppa
SN Plot owners HH Size Education Occupation Annual income* Vulnerability Name
Total F M Illiterate FL/primary Lower Major Secon. HH/yr per Secondary and capita/ above per yr
1 Shiva Narayan 17 8 9 S.L.C. Agri. Self 370,000 21,764 Yadav employed (Writer in Land Revenue Office)
2 Bimal Devi - - - Literate Agri Domestic - - Losing more Yadav( wife of than 50% of Shiva Narayan their total Yadav ) landholdings
3 Kalmi Devi - - - Illi Agri 100,000 - Losing more Yadav( mother Domestic than 50% of of Shiva their total Narayan landholdings Yadav ) 14
SN Plot owners HH Size Education Occupation Annual income* Vulnerability Name
4 Niraj Lal 11 8 3 Lit Agri - 250,000 22,727.27 Losing more Yadav than 50% of their total landholdings
5 Sabitri Yadav - - - Illiterate Lit Agri. Domestic - - Losing more ( wife of Niraj than 50% of Lal Yadav their total landholdings
6 Sakuntala 4 2 2 Literate Agri. Domestic Losing more Yadav ( sister than 50% of of Shiva their total Narayan landholdings Yadav)
7 Ramesh 5 2 3 S.L.C Agri. - 150,000 30,000 Yadav
8 Nanda Lala 8 3 5 Literate Agri. Agri. Yadav
9 Kari Devi 3 2 1 Lit Agri. - 50,000 16,666.0 Female HH Rajbanshi and IP
10 Ram Prasad 6 3 3 Lit Agri. - - - IP Rajbanshi
11 Ram Prasad 9 5 4 . Lit. Agri. - 140,000 15,555.55 IP Chowdhary
12 Jaya Prakash 8 4 4 Lit. Agri. IP Chowdhary
13 Hem Raj 6 3 3 B.A. Service Agri. - - Losing more Chapagain( in than 50% of 1Kathmandu) their total landholdings
14 Shambhubhu 6 3 3 . Overseer(10+2) Agri. Service 250,000 41666.66 Prasad
Total 79 42 37 .
C. Socioeconomic Profile of Persons at Reed Bed Treatment Site, Mills Area.
29. This reed-bed treatment plant requires only one hectare of land. There is 1 landowner (total 7 members) who owns 2 plots of land affected by the project component. It is the agricultural land where more than two crops are grown. A single indigenous family (Janajati), female-headed household is affected as the land owner. She is considered having good socioeconomic status with an annual household income of NRS 257,000 or the per capita annual income of NRS 36,714.28, far above the national average (household annual income and per capita income excluding the Kathmandu Valley was NRS 122,635 and NRS 11,502. respectively).The PAF owns more than one house and draws pension of her husband from the British army as well as from one of her sons who runs a veterinary shop in Kathmandu. They own a house in Kathmandu. The mode of compensation preferred is cash. An inventory of land 15
owners (plot owners) with their parcels of land to be acquired in square meter, current land use and percentage of land lost in Treatment Plant site 2, Mills Area Rani (ward 22) is given in the table below. In total, only two land owners are recorded in the Treatment Plant site 2- , Mills area, Rani. It is to be noted here that two plots are the ailani( barren land ) and owned by the Government of Nepal and the other two plots are owned by Ms. Nara Maya Gurung. In other words, one land owner with 7 members is affected directly by this project component. No tenants are involved in this land ownership. All lands are used for agricultural purposes. Given the household is an IP listed group, female HH household, elderly, and losing more than 50 percent of their total landholdings, the household is entitled to extra allowances provided for vulnerable groups.
Table 8: Socioeconomic Profile of Affected Households at Reed Bed Plant, Mills Area
S Plot HH Size Education Occupation Annual income* Vulnerabi N owners lity status Name Tot F M Illiterat FL/prima Lower Major Seco HH/yr Per capita/ al e ry Secondary n. per yr and above 1 Nar 7 4 3 Lit. British Agr. 257,00 36,714.28 IP/Female Maya army 0 HH Gurung service (pension) Total 7 4 3
VI. CONSULTATION, INFORMATION DISSEMINATION AND DISCLOSURE
A. Summary of Public Consultation
30. Consultations were conducted with primary (e.g., affected persons) and secondary stakeholders (e.g., municipality and DUDBC). As the APs are part of the municipality, they welcomed proposed improvements brought about by the project. The landowners were willing to render support and expect a proper compensation package and employment opportunities (Annex __ List of Persons Met). Focus group discussions with affected persons were held on 15 December 2009. Appendix 1 lists persons met. In brief, issues raised by landowners and other participants in the waste stabilization pond site in Jatuwa Kathkuppa were as follows:
(i) There is no problem of buying land; the Government must be prepared to buy the land in advance. The land owners cannot hold the land after some months (3-6 months depending upon certain condition). However, no land owner will make any objection in government‘s development program. (ii) All landowners of the respective area should be invited for discussion for their approval before acquiring land for the project. (iii) All land owners prefer cash as the mode of compensation. If they have cash they can buy the land elsewhere (iv) In some cases, as the land is owned since their father and grand father‘s times, they are attached with land as the mode of livelihood. Each land owner must be paid adequate compensation. (v) The female land owners would be ready to sell the land if other family members are consulted along with them. 16
31. The issues raised by landowners and other participants at the reed bed plant site at Mills area were as follows: (i) All landowners should be invited for discussion for their approval before acquiring land for the project. (ii) Land owners are ready to sell their land if they are paid adequate compensation. No landowner will make any objection for the government‘s development program. (iii) Landowners must be identified properly as many landowners are already dead and the names are still there in the government‘s record of these dead people. (iv) Landowners should be given preference for employment by the project. (v) In brief, the information disclosure and public consultation process in the social safeguard sector in Biratnagar municipality has been preceded within the limitations set out above,
B. Continuation of Public Consultations
32. Consultation will be undertaken prior to finalization of detailed design and during implementation. Consultations during RP/IPP implementation will involve agreements on compensation, assistance options, and entitlement package and income restoration. Consultation and participation activities will continue throughout project implementation to monitor APs.
C. Disclosure of RP/IPP
33. For the benefit of the APs, the Nepali version of a summary RP/IPP will be made to the affected persons, with a copy maintained by the PIU. A copy of the RP/IPP (draft and final) will be disclosed in ADB's website.
VII. GRIEVANCE REDRESS MECHANISMS
34. Any grievances and objections will be referred to the Grievances Redress Committee (GRC). The constitutional basis of the Grievance Redress Committee (GRC) for RP/IPP activities is Clause 11 of the Land Acquisition Act of Nepal 2034 (1977). The Act assigns CDO as the sole responsibility to chair land acquisition activities. In keeping with the legal provision mentioned in the Act, the basic process of grievances redressal to be undertaken under the Project will be as follows: (i) Decisions should be given within fifteen days after receiving the grievances. (ii) Further processing of the grievances or any decision should be taken only after consultation with the CDO and also the Project Officer, if deemed necessary. (iii) Ministry of Home Affairs can exercise legal authority through the District court while investigating in the matter of such grievances.
35. When plot owner and municipality negotiate directly and come to mutual agreement, GRC as per the LAA is not required. In these cases, the Project will form its own Project GRC formulated by the municipality, if necessary. The project formulated grievance mechanism will be split into three phases: In the first phase, a GRC chaired by EO will come up with remedial measures. Only if the complainant is not satisfied with this decision, the issue will be brought up to the municipal board, as the second phase. If the person is still not satisfied, then he/she can go to either the court or MPPW, as a third phase. This is illustrated in the figure below. 17
36. The project manager of the PIU is to activate the project GRC. This process is not to supersede or impeded on the country's formal grievance processes. The GRC will meet as needed to determine the merit of each grievance, and resolve grievances within a month of receiving the complaint. The GRC with a minimum of three members will be headed by the Executive Officer. Members of the committee may also include local government representative (VDC, DDC), representatives of APs with one male and one female, a representative of vulnerable people‘s organisations active in the area concerned, social safeguards consultant, the NGO, and a representative from the Project. The Committee thus appointed should be sanctioned by the municipal board. The time bound GRC process is illustrated in the figure below.
37. Complaints should be addressed to the PIU or municipality. The PIU will keep records of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The GRC should provide the concerns of the complainants on issues relating to negative and physical impacts that they conceive would occur by the implementation of the particular project sub-component. All complaints should be signed with complete information on name, contact address, phone number if any so that the person can be contacted when required. An acknowledgement to the effect that the complaint has been received by the coordinator‘s office should be promptly sent to the complaints. All complaints received should be first registered, categorized and prioritized. They should be analyzed and assessed the concerns raised by the affected parties and have discussion and consultation with them. Records of all such proceedings should be maintained, for future reference, and the attendance of all participants with their signature, in particular the complaints and affected groups should be recorded. If grievances cannot be addressed, the matters are brought to higher authorities (which could be the municipal board, court or central government).
38. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following: (i) APs not enlisted; (ii) Losses not identified correctly; (iii) Compensation/assistance inadequate or not as per entitlement matrix; (iv) Dispute about ownership; (v) Delay in disbursement of compensation/assistance; and (vi) Improper distribution of compensation/ assistance in case of joint ownership.
18
Flow Diagram for Conflict Resolution and Grievance Redress Mechanism D A Y Affected Party/Group S
Complaint 0 (0 Days)
Phase 1 7 Initial Assessment by GRC chaired by EO (7 Days)
14 Discussion with AP and AG (7 Days)
Finalize the Initial Inform the AP/AG 21 Assessment Ineligible about Ineligibility (7 Days) (7 Days)
Eligible Complaint
28 Formulating Remedial Cases beyond Jurisdiction Measures (7 Days) of Municipality (7 Days)
31 Discussion with APs to Inform Decisions (3 Days)
38
Municipal Board Consideration (7 Days)
Phase 2
Cases beyond Jurisdiction
Remedial Refer the Case Refer the Case Action to Higher to Higher Phase 3 40 & Authorities Authorities Monitoring (2 Days) (2 Days) (2 Days)
------Keep Municipal Board Informed 19
IV. LEGAL FRAMEWORK
A. Government of Nepal Laws
39. The Land Acquisition Act, 2034 (1977) is the core legal document to guide tasks related to land acquisition and resettlement activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public puRPose, subject to the award of compensation. According to Clause 4, institutions seeking land acquisition may also request GON to acquire the land under the regularity provisions subject to be compensated by such institutions' resources. Clause 27 of the Act provides for land acquisition through the mutual agreement with the plot owners, where the process of land acquisition as per Act is not required. The Act grants the plot owner the right to choose between a mutual agreement process, or the formal process for land acquisition (as described below). Where Clause 27 is enacted, and the plot owner is not satisfied with the compensation agreement offered, Clause 18 (sub-clause 2) states that the owner can file a complaint with the Ministry of Home.6
40. As per the regulatory provision, while acquiring land, GoN forms a Land Acquisition and Compensation Fixation Committee (LACFC) under the chairmanship of Chief District Officer (CDO) of the restrictive districts. The other members to be included in the Committee comprise of the Chief of Land Revenue Office (LRO), an Officer assigned by CDO, representative from District Development Committee (DDC), Concerned Project Manager, and VDC representative. The Project Chief functions as the Member Secretary of the Committee. In addition, it has become the practice to include representatives from the Affected Persons (APs).7 This practice of fixing compensation is known as Community Consensus Valuation (CCV). LACFC determines the amount of compensation considering the following factors: current price of land value, value of standing crop, houses, walls, sheds or other structures, loss incurred as a result of shifting residence or place of business, and consider relevant acts and periodic guidelines of GoN. According to Clause 6, if the land has to be acquired for institutions other than the local governance bodies and institutions fully owned by the government, the Committee has to consider the following in fixing the compensation amount: (i) Price of land prevailing at the time of notification of land acquisition; (ii) Price of standing crops and structures; and (iii) Loss incurred by the AP by being compelled to shift his or her residence or place of business in consequence of the acquisition of land.
41. As revealed in Clause 9 sub-section 3 of the Act, the duration of compensation days will be determined by LACFC. Clause 37 of the Act illustrates that the Committee may extend the period of additional three months, if compensation are not collected by those affected. After termination of extended three months period the amount will be deposited to the Government account.
42. The compensation to be provided for land acquisition should generally be in cash as per current market value. However, there is also a provision under Clause 14 to compensate land- for-land provided government land is available in the area. The Act also envisages the possibility of two separate rates of compensation, distinguishing between families who lose all their land and those who lose only some part of their landholdings. As stipulated in the Clause 10 there is provision for the affected households to take the crops, trees and plants from land and salvageable from the structures. Clause 39 indicates options to allow the affected
6 Under the Project, a Grievance Redress Committee (GRC) will be set up for each subproject to address any complaints regarding the land acquisition process, therefore offering the AP another venue to express grievances. 7 Under the Project, a representative from the affected persons is required to be a member of the LACFC to ensure compensation for assets is at replacement value. 20 households to take all salvageable assets without deduction of any costs from the affected households.
43. Any grievances and objections will be referred to the Grievances Redress Committee (GRC) as per Clause 11 of the Land Acquisition Act, 2034 (1977). The Act assigns the CDO as the sole responsibility to chair land acquisition activities and to address the grievances related to the RP/IPP implementation activities.
44. Clause 20 of the Act authorises the legal tenant of land to receive 25% of total compensation cost. The tenant is entitled 100% compensation for the structure built on the land with the permission of the land owners. Clause 68 (1) of the Forest Act 2049 states that the government may permit the use of forest land for projects under the national priority. According to the clause 68 (2), if any loss to persons or community is involved while permitting use of such land, it is required to compensate the loss.
45. The typical process of land acquisition is indicated in the table below
Table 9: Process for land acquisition as per Land Acquisition Act S.No. Steps outlined in the LAA 1 Sectoral agency (DUDBC) decides to execute a development project at a certain location 2 Sectoral agency (DUDBC) requests the Government to acquire land specifying objectives and committing payments of compensation and other expenses 3 GoN approves and orders the initiation process and LACFC is formed 4 Public notification is made at public places in the project area, VDC offices and to the affected households 5 Necessary preliminary survey including boundary demarcation, agricultural production valuation and social census of affected families takes place 6 Land Revenue Office report on the area and location of land to be acquired including likely compensation and amount of loss 7 The local officer (CDO) issues notices including pRPof acquisition and detail of land to be acquired 8 Land transactions are banned within the notified area 9 Owner can file complaints within 7 days through the local officer 10 Resolution of grievance within 15 days of complaint 11 Acquisition of land and payment of compensation
B. ADB Safeguards Policy Statement (2009)
1. Resettlement
46. The three main elements of the ADB Safeguard Policy Statement (2009) are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least he same level of well-being with the project as without it. In addition, the absence of legal title to land should not be a bar to compensation. Vulnerable groups are entitled to special assistance. The table below compares GoN and ADB's SPS.
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements Involuntary LAR Invoking eminent domain is only legally Eminent domain is generally recognized and subject to recognized when taking land for special needs of policy provisions aiming at avoiding and minimizing LAR the State (Land Reform Acts 1964, LAA 1977, and replacement of lost assets and rehabilitation of Town Development Act 1998, Land Act 1997 and livelihoods. APs to be at least as well-off as without Local Self Governance Act (998). These acts/rules project( Safeguard Policy Statement, 2009) do apply for any project where the land is acquired involuntarily.
Property Rights Constitution of the Kingdom of Nepal 1990 and Clearly asserts rights of property of a person living in the Interim Constitution 2007 guarantees the property particular domain/area regardless of official tenure 21
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements rights of a citizen Negotiated LAR The Civil Code of Nepal is the legal basis for Official recognition of negotiated LAR, where there is a contractual agreements on the transfer of land willing buyer and a willing seller. from APs to the government. Eligible APs Only registered land owners and tenants can Lack of formal legal title to land by any APs is not a bar transfer their titles to other persons recognized to entitlements. Titled, legalizable and non-titled APs are under the Land Acts/regulations. eligible to receive different entitlements. Titled and Non-titled occupants of land as illegal possessors legalizable APs are entitled to compensation and rehabilitation. Non-titled APs are entitled to livelihood are not eligible to transfer the land occupied or receive compensation. restoration, but may also receive replacement land. Non-titled APs are eligible for entitlements such that . they are no worse off than before the project. All APs are entitled to compensation at replacement cost of non- land assets. APs without possession or ownership certificate but occupying land in areas designated for land allocation or possession can be recognized as legalizable and thus are eligible for fair compensation and rehabilitation entitlements under the SPS.
Compensation for Contractually agreed payment for land transferred Land compensation at replacement cost based on land land to the government. Local practice applies the valuation at average market value within 1 year before government land valuation tariff but negotiation the delivery of compensation or replacement land of with with APs goes as well. A Compensation similar size and quality. Determination Committee is formed under the chairmanship of CDO to determine the price of the land acquired for the project. Replacement land may be provided if AP‘s entire land or large part thereof is acquired.
Compensation for Contractually agreed payment for transfer of Valuation of structures is based on current market value, structures structures. The value of structures is determined i.e. replacement cost of new construction of the at market rates, with depreciation deducted from structure without deduction of depreciation. APs can be gross value of the structure. permitted to salvage materials.
Joint property The Civil Code recognizes common property No conflict with SPS. Joint signatures are encouraged. ownership ownership and family property rights. Common property ownership requires permission of other owners to dispose of part of the property. Family property includes ‗other properties accrued since the marriage, notwithstanding in which the name of spouses or family members the property is registered. Easement Legal provision for easements or property No conflict with SPS. (property servitude, allowing the use of another person‘s servitude) property for specific public or private purposes is permitted under local law; mutual agreement and payment of a fee are required. Rental of land or Rental of land or other property is agreed between Lessee is considered a non-titled AP and eligible to house the owners and the tenant. Mutual agreement receive entitlements based on the type and degree of regulates the lease of property. If ownership is impacts. transferred the new owner incurs all rights and obligations of a lesser. No provisions for lessee rights in case of land acquisition for a project, except that termination of a lease requires 1 month‘s notice Community and Affected community and public assets can be Common property resources or public structures and public resource transferred through contractual agreement under infrastructure affected by LAR are eligible for losses the Civil Code. compensation. The cost of moving affected infrastructure is included in cost of civil works under the Project. Income and No provisions in contractual agreements for Assistance for economic and social rehabilitation due to livelihood transfer of property; project specific contractual loss of jobs, incomes and livelihoods, including (i) rehabilitation agreement is made such as the Melamchi Water income compensation or support for the period of Supply Project. interruption of business or employment, and (ii) priority employment in project civil works, especially to poor and vulnerable households. Relocation and The Nepali Law on Property Allocation Rights and Relocation and transfer expenses, including fees for the Transaction costs other related rights requires payment of registration of properties and other administrative registration duties and service fees for the charges, are part of the replacement cost of lost assets 22
LAR issues Provisions of Nepali Acts/Rules/Regulations ADB policy requirements registration of immovable property with the State and included in compensation. Land Revenue Office (Mal) in the respective district. All registration and other fees, as well as cost of relocation, are responsibility of parties to a contract and can be included in a contract. Grievance The LAA 1977and other acts deal with disputes An adequate grievance redress mechanism for affected procedure over land. A Grievance Committeee will be be people is required. formed in the municipality office for settling disputes . If decision is not favorable to the client he /she can move to the courts for justice.
LARP information There is a provision in the government‘s IEE and APs are to be fully informed and closely consulted on disclosure and EIA regulations (1997) for public consultation and compensation and resettlement options. Draft, final and public consultation information disclosure mechanisms. revised LARPs are to be discussed, as well as published on ADB‘s website. Cut-off date It is fixed considering the different components of An eligibility cut-off date is to be set when the project is land acquisition procedure including the cut off officially notified, the project area is delineated or the date for compensation census of the AP population is taken, to prevent influx of non-eligible persons and land speculation. Right- of- way Local area main streets require a 3.75m width for No conflict with SPS each lane as well as a sidewalk for each side (Construction Standard and Procedure of the DoR); in addition the ROW of local main streets is determined by-laws of each municipality. Supply of water drainage and sewerage system and their utility is also fixed by- laws of the municipality.
Notification period Time period for vacating a property may be Cash compensation and/or replacement of assets must for vacating defined in the contract document . be completed before displacement; LAR procedures, property and Civil works commence in parallel with acquisition except for rehabilitation measures must be completed commencement of of property, but without defined waiting period. before commencement of civil works. works
47. There are several significant policy gaps between the Nepali legal framework (policy /act/regulation) and the ADB SPS Guidelines with respect to LAR. According to Nepali law/acts/regulations or practice: (i) Non-titled occupants of land (without ownership or possession certificate), including lessees of land and structures, are not eligible for compensation and rehabilitation entitlements. (ii) Compensation for affected land is based on a government compensation tariff and also the market rate, although there is room for negotiation with individual APs. (iii) A depreciation coefficient is applied in the valuation of affected structures. (iv) Income and livelihood rehabilitation is not normally considered in local LAR practice. (v) Transaction costs are not included in compensation payments. (vi) There are no project internal grievance procedures preceding dispute resolution by the district administration office and the courts; each project has set up their own grievance mechanism. (vii) An eligibility cut-off date is not clear cut in the laws. But EIA regulations of 1997 have set up the procedures for the cut –off- date.
48. The above gaps are addressed in this RP/IPP.
2. Indigenous People
23
49. Government of Nepal Indigenous/Nationality Act 2002. The complex social structure of ethnic and caste groups in Nepal makes it very difficult to define and place the country's indigenous people in the category described in ADB on involuntary resettlement. The Government of Nepal has not considered all cultural minorities as the indigenous peoples. The Government has defined indigenous groups and their number in the Indigenous/Nationality Act 2002. According to this Act indigenous or ethnic groups are a tribe, community or ethnic group having its own mother language and traditional rites and customs, distinct cultural identity, distinct social structure and written or unwritten history (NEFIN 2005). According to this Act, there are 59 indigenous groups/nationalities in Nepal who live in the various ecological settlements: Mountain, Hill, Inner Tarai and Tarai. The total population of these various groups, according to the 2001 Census, was close to 37 percent of the total population .These various groups of people are in various stages of socioeconomic development. The NEFIN (2005) has classified these various groups into five broad categories with their levels of socioeconomic development or the process of marginalization.
50. ADB Safeguards Policy Statement (Indigenous People). Appendix 3 of the ADB SPS sets out the IP policies and principles. The objectives are to design and implement projects in a way that fosters full respect for Indigenous Peoples‘ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the Indigenous Peoples themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. The Indigenous Peoples safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of Indigenous Peoples or affects the territories or natural or cultural resources that Indigenous Peoples own, use, occupy, or claim as an ancestral domain or asset. The term Indigenous Peoples is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by thers; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. In considering these characteristics, national legislation, customary law, and any international conventions to which the country is a party will be taken into account. A group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance remains eligible for coverage under this policy.
51. Most indigenous people in subproject areas are economically and politically integrated into the mainstream society, and considering the nature and scale of these subprojects, impacts on indigenous peoples are limited to a small number of involuntary resettlement and/or land acquisition. Therefore, an indigenous peoples plan has been combined into the draft resettlement plan, with special assistance measures for vulnerable groups including indigenous people. With improvement of sanitation services, the Project is expected to result in improved health benefits for indigenous people.
V. ENTITLEMENTS
A. Eligibility
52. All APs who are identified in the project-impacted areas on the cut-off date (survey date) will be entitled to compensation for their affected assets, and rehabilitation measures sufficient 24 to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date for titleholders will be the date of notification under the land acquisition act and for the non-titleholders will be the census date, i.e. October 2009, which is the first impact survey (Census and Inventory Survey). People moving in the area where the lands are to be acquired in subproject area after the cut-off date will not be entitled to any kind of compensation or assistance as per provision made herein. They, however, will be given sufficient advance notice, to vacate premises/dismantle in the case of affected structures prior to project implementation.
B. Entitlements
53. For this project, the entitlements listed in the table below for this subproject are derived from the Land Acquisition Act, 2034 (1977), the Land Reform Act 2021 (1964), and ADB Safeguard Policy Statement (2009). Following detailed design, the detailed measurement survey (DMS) of AP's land and/or non-land assets and detailed census survey will be used for determining actual impacts, and replacement cost surveys (or asset valuation) will be carried out. This information will be used to inform the LACFC cost determination, or used to inform the negotiation of land value between the municipality and plot owner. Under the Project, a representative from the affected persons is required to be a member of the LACFC to ensure compensation for assets is at replacement value. Where the replacement cost of the LACFC is lower than the market determined value, the municipality and/or government is required to pay the difference. In cases where plot owners directly negotiate compensation amounts with the municipality (as per the LAA), then the PIU will verify the satisfaction of the owner with the final amounts. In cases of disputes such as where land records are not updated or where the APs are unable to produce the desired documents, then the compensation amount will be deposited with the CDO (in an escrow account) till the case is disposed.
54. Indigenous People. IPs impacted by the project, integrated into their surroundings are considered as vulnerable groups requiring special consideration given their historical social exclusion. Therefore, special provisions to improve their lives are included in the Entitlement Matrix. 25
Entitlement Matrix Type of Application Entitled Person Entitlement Implementation Issues Responsible Loss Institutions 1 Loss of Full/partial Owner(s) with Land-for-land arrangements, if government land available, As per the LAA, compensation for Municipality/PIU land permanent loss of legal title of equal productive capacity satisfactory to AP, or; land determined through either (i) /DSC/ homestead, mutual agreement with plot owner, LACFC/NGO agricultural, Cash compensation equivalent to current market or (ii) the option to allow LACFC vacant land rate/replacement value including provision for all fees determination of compensation. To (documentation fee, etc.), taxes, and other charges as be determined by plot owner. applicable under relevant laws. Under the Project, a representative 30 days‘ advance notice to harvest standing seasonal from the affected persons is crops, if harvest is not possible, compensation for share of required to be a member of the standing crops at market rates LACFC to ensure compensation for assets is at replacement value. Cash compensation for perennial crops and timber valued trees based on market value If decided through mutual agreement, PIU to verify If no replacement land is available, HH members involved satisfaction of plot owner with in farming eligible for skill development training based on compensation amount If owner their need at the rate of NRs 5,000/person/HH8 not satisfied, then can raise with GRC. APs prioritized for project employment Harvesting prior to acquisition will be accommodated to the extent possible.
PIU (social development officer) and municipality to assist farmers in finding suitable replacement land to continue farming.
Value of crops/timber valued trees to be negotiated between landowner and municipality or determined by LACFC with advice from Agriculture Department
A list of working members of the affected family will be maintained
8 The training cost includes the cost of training allowance for affected households for the short term training on income generation for a period ranging 4 – 6 days @ Rs. 150 a day, which is Rs. 900. Other costs include the costs for training fee and logistic cost, where the cost of groups of trainees will be involved. The cost is therefore lump sum given as Rs. 5000. This is to be updated based on census at detailed design stage. 26
Entitlement Matrix Type of Application Entitled Person Entitlement Implementation Issues Responsible Loss Institutions by PIU. Contractor to be encouraged to hire APs in project works.
NGO to provide skill training.
2 Loss of Livelihood/ Business owner One-time lump sum grant of two-months9 income to NGO to provide skill training Municipality/PIU livelihood/I income (s), tenant (s), business owner, leaseholder/tenant, based on the nature /DSC, ncome leaseholder(s), and type of losses assessed on a case-to-case basis. LACFC/NGO employee(s), agricultural For employees: one-time financial assistance equivalent to worker(s), 30-days minimum wage rates to be within District for hawker(s)/ respective categories. vendors(s) Those losing main source of livelihood are eligible for skill development training based on need at the rate of NRs 5,000/person/HH.
APs eligible for project employment 3 Impacts on All impacts Vulnerable APs Additional subsistence allowance equivalent to NRs Vulnerable households to be Municipality/PIU vulnerable (see Glossary for 10,000/HH10 for restoring or enhancing their livelihood. identified during detailed /DSC, APs definition of measurement surveys conducted LACFC/NGO vulnerable Eligible for skill development training based on need at the as part of the RP/IPP. groups) rate of NRs 5,000/person/HH A list of vulnerable people will be
maintained by the PIU/. Contractor Vulnerable households will be prioritized in any project to be encouraged to hire project employment affected people for non-skilled Assistance in finding replacement land labor, prioritizing vulnerable APs.
PIU to assist those losing 50% or more of their total land holdings in finding replacement land
NGO to provide training.
9 Based on two months to find replacement income with advanced notice. 10 NRs 10,000 is based on common practice in Nepal for providing seed money to initiate income activities. The amount is valued at more than two months income at minimum daily wage rate (@150/day). 27 VIII. INCOME RESTORATION MEASURES
55. The landowners will lose a regular source of agricultural livelihood. The APs are engaged in agricultural activity and efforts are made in this RP/IPP to restore pre-project levels of income for these HH members. The APs will guided by the NGO in improving agricultural production in other lands including use of modern techniques in cultivation, harvesting and storing, if found necessary.
56. The APs are engaged in other income-oriented activities. The following are the income restoration measures for the APs as indicated in the entitlement matrix: (i) 30 days‘ advance notice to harvest standing seasonal crops, if harvest is not possible, compensation for share of standing crops at market rates before construction activity begins; (ii) One-time lump sum grant of two-months agricultural income for agricultural production to landowners; (iii) Assistance from PIU and DSC in finding suitable replacement land for continuation of farming and if necessary, guidance in improving agricultural production on remainder of land; (iv) For vulnerable groups, additional subsistence allowance equivalent to NRs 10,000/HH for enhancing livelihood; (v) The vulnerable members will be prioritized in any project employment; and (vi) If replacement land not available to continue farming, the APs dependent on agriculture livelihood are eligible for medium-term income restoration activities which include skill development training based on need at the rate of NRs 5,000/person/HH.11
57. During the construction stage the affected household working members will be given preference over others in being engaged in activities suitable to their skills. In order to make the APs employable, the PIU and DSC will identify the required skills for the construction activities prior to the commencement of the construction and provide the required training to them. The contractor will be encouraged by the PIU to hire APs. Accordingly, the list of APs, will be provided to the contractor, for consideration in the project.
X. RESETTLEMENT BUDGET AND FINANCING PLAN
58. The resettlement cost estimate for this subproject includes eligible compensation for land and standing crops, assistance to vulnerable group, and training allowance: (i) Compensation for land and crops; (ii) One-time lump sum grant of two-months agricultural income for agricultural production; (iii) For vulnerable groups (BPL and IPs), additional subsistence allowance equivalent to NRs 10,000/HH for enhancing livelihood; and (iv) If replacement land not available to continue farming, the APs dependent on agriculture livelihood are eligible for medium-term income restoration activities which include skill development training based on need at the rate of NRs 5,000/person/HH.
11 The PIU (through it's social safeguards consultant) and NGO will assess the capacity of the landowners prior to offering them any training.
28 59. The current market price of land per Katha in the subproject area is Rs. 3 lach for the waste stabilization treatment plant site in Jatuwa Kathkupa, ward 18; and Rs. 1 lach for the reed bed treatment plant site in Mills area. Market rates are based on a survey of affected persons and conversations with other surrounding property owners (not affected by the project). The estimated total land cost (which is subject to change through negotiation process and detailed market research at detailed design) is Rs. 93,000,000 for the Jatuwa Kathpkupa site and 3,000,000 for the Mills area site.12 The plot ownership of the acquired land will be transferred to the municipality. The total cost including allowances is 93,335,000.
60. The cost for hiring an implementing local NGO is part of the overall project costs and is therefore not needed to be included in the RP/IPP budget. Costs will be updated during implementation. The cost related to land acquisition and resettlement/rehabilitation cost will be borne by the municipality with the DUDBC ensuring all costs are met. The PCO is to ensure that APs are compensated prior to land acquisition and commencement of civil works. A detailed indicative budget is given below.
Table 11: Resettlement Cost for Biratnagar Subprojects Rate per Sl. Item Unit Unit (In Quantity Cost (In NRs.) No. NRs) A Compensation Estimated cost for agricultural land for plot owners Per 1 13 9,000,000 10 ha 90,000,000 at Jatuwa Kathkupa – waste stabilization site ha Estimated cost for agricultural land for plot owners Per 2 14 3,000,000 1 ha 3,000,000 at Mills area – reed bed site ha Subtotal A 93,000,000 B Assistance/Allowances Assistance to landowners for loss of farming 15 2 Month 10,000 15 150,000 livelihood based on two months lost income 3 Training allowance to the affected landowners LS 5000 15 75,000 4 Additional assistance for vulnerable households LS 10,000 11 110,000 Subtotal B 335,000
Total A+B Grand Total NRs 93,335,000 a if harvest is not possible for standing crops, cash compensation for crops (or share of crops) equivalent to prevailing market price.
A. Implementation Schedule of Biratnagar RP/IPP
61. The RP/IPP will be updated based on the detailed engineering design. ADB, MPPW, (through the Project Coordination Office in DUDBC) and municipality will approve the updated RP/IPP. Upon the approval, the RP/IPP will be disclosed to APs and arrangement for fixing the compensation through the LACFC or by the municipality as per the LA Act 2034.
62. The resettlement disbursement includes the issuance of identity cards (IDs), payment of all eligible assistance, and resettlement costs. The resettlement compensation must be paid prior to land acquisition and commencement of civil works.
12 For Jatuwa site: 1 katha = NRs 3 lach (300,000); 1 katha = 338 sqm; 1 ha = 10,000sqm; 1 ha = 30 katha; 1 ha = Rs 9,000,000; 10 ha = Rs 90,000,000; For Mills area site: 1 katha = NRs 1 lach (100,000); 1 katha = 338 sqm; 1 ha = 10,000sqm; 1 ha = 30 katha; 1 ha = Rs 3,000,000. 13 Assuming an average of Rs.3 lacks per katha. 14 Assuming an average of Rs.1 lacks per katha. 15 Based on estimated agricultural income of Rs 5000/month. To be updated based on census at detailed design stage.
29 63. Internal monitoring will be the responsibility of the PCO and the PIU and will start early during the project when the implementation of the RP/IPP starts and will continue until completion of the subproject. The PIU and DSC will confirm payment of compensation to RPs and smooth execution of the RP/IPP and will be carried out before the start of the construction and will be carried out intermittently as required.
64. The implementation of resettlement plan will be scheduled in line with the sub-project implementation. The schedule is subject to modification depending on the progress of the project activities.
65. In accordance with the LA Act 2034, the owners of the property to be acquired must be given minimum 15 days notice to allow them to claim for resettlement compensation and assistance (this does not apply if owner engages in mutual agreement with municipality according to the LAA). Taking into the consideration the time for each activity for the small number of affected households, the time for completion of RP/IPP implementation is planned for a period of minimum 2 – 3 months after updating of the RP/IPP. A tentative implementation schedule is given in the table below.
Table 12: Time Bound Schedule for RP/IPP Implementation16 Award for Detailed Contract Feasibility Study Civil Work Construction Design Bidding Contracts 1Q 2Q 3Q 4Q 5Q 6Q 7Q 8Q 9Q 10Q 11Q 12Q 13Q 14Q 15Q Resettlement Planning Approval of RP/IPP by ADB, municipality, and by MPPW Disclosure of RP/IPP Distribution of RP/IPP Report and summary Recruitment of NGO Socio-economic survey by DSC consultant and list of APs Issue of identity cards by PIU Identify and confirm poor and vulnerable APs Form Grivance Redress Committee Grivance Redressing Activities
Land Acquisition and Resettlement Announce start date of RP/IPP implementation through public notification
16 Implementation period is July 2010 to September 2015.
30
Award for Detailed Contract Feasibility Study Civil Work Construction Design Bidding Contracts 1Q 2Q 3Q 4Q 5Q 6Q 7Q 8Q 9Q 10Q 11Q 12Q 13Q 14Q 15Q Disburse compensation payment and assistance for relocation Handing over of lands for construction17 Livelihood and Income Restoration Disburse livelihood restoration assistance Organize skill development training for vulnerable APs Capacity All through the RP/IPP implementation period Building Internal All through the RP/IPP implementation period monitoring by PIU/PCO
IX. INSTITUTIONAL ROLES AND RESPONSIBILITIES
66. The Ministry of Physical Planning and Works (MPPW) will be the Executing Agency (EA), working through its Department of Urban Development and Building Construction (DUDBC), which will establish a project coordination office (PCO) for the Project headed by project director. The PCO will be staffed with a social development specialist to confirm smooth implementation of the RP/IPP and take corrective actions if necessary. Biratnagar, Birgunj Butwal and Kavre Valey municipalities will be the Implementing Agencies (IAs) for the subprojects, each with a project implementation unit (PIU) headed by project manager and staffed with a social development specialist. The PCO will ensure that the respective PIUs will update the resettlement plan during the detailed design stage and implement the final plan. In each municipality, a municipal project management committee (MPMSC) will be established in order to discuss project implementation issues, including land acquisition and resettlement issues, enhance collaboration among relevant departments and organizations, and expedite decision- making processes with an aim at achieving intended project output and outcome. MPMSC will be chaired by the executive officer18, and comprise relevant department heads of the respective municipality, chief of the divisional office of DUDBC, DWSS and other relevant government departments, a representative from district development committee, four members representing the local disadvantaged communities, NGOs, women's groups and the private sector, and the respective project manager working as secretariat.19
67. The PIU in the municipality will implement resettlement activities. The PMSC will also monitor the smooth implementation of RP/IPP. The PIU will work closely with the DSC- Resettlement Specialist consultant during detailed design to verify APs. The PIU will continue further consultation with APs during project implementation and solicit views regarding
17 For components not involving land acquisition, the handing over of project sites to the contractor will be possible from the first quarter. For the other components involving land acquisition and resettlement, the project sites will be handed over for civil works by the sixth quarter. 18 Composition will be reviewed if local election takes place. 19 Other members can be included, such as representatives from political parties represented in the local political mechanism, as deemed appropriate by the municipality concerned.
31 compensation, and relocation options. The PCO will verify the implementation of all RP/IPP requirements and confirm whether APs received entitlements as per the RP/IPP prior to the award of civil contracts. NGOs will be responsible for linking APs to relevant government programs related to social and economic rehabilitation. The PIU will submit quarterly progress reports to the PCO, who will then review and take corrective actions if necessary. The PCO will with assistance from the PMSC consultants consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. In cases where the municipality and plot owner negotiate directly, the DSC-consultant and PIU will verify the satisfaction of the plot owner with the agreed compensation amount. NGOs will also facilitate necessary livelihood training as part of the rehabilitation measures. The PIU and PMSC are to ensure all RPs are implemented and ensure all entitlements are paid accordingly before land acquisition and commencement of civil works.
XI. MONITORING
A. Need for Monitoring
68. Monitoring is a major part of the resettlement management system to ensure its goals are met. RP implementation will be monitored internally. The RP/IPP implementation activities will be closely monitored internally by the PIU and PCO. This will involve: (i) administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis; (ii) socio-economic monitoring during and after any resettlement impact utilizing baseline information from sub-project preparation; (iii) overall monitoring to assess AP status; and (iv) preparation of quarterly progress reports to be submitted to PCO by the PIU, reporting actual achievements against the targets fixed and reasons for shortfalls, if any.
69. The PIU will prepare quarterly progress reports on resettlement activities and submit to PCO. The PCO will with assistance from the PMSC consultants consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. Reports to ADB should clarify whether or not resettlement goals have been achieved, more importantly analysis of whether livelihoods and living standards have been restored/enhanced (especially for vulnerable APs) is mandatory and suggestion of suitable recommendations for improvement must be made. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues such as these more effectively.
B. Internal Monitoring
70. The DUDBC through its PCO will be responsible for internal monitoring. The PIU will provide necessary oversight and monitor the RP implementation at the ground level and submit quarterly progress reports to PCO. Correct actions to be taken, if necessary. This will be done in coordination with the municipality.
71. The PIU will maintain a record of all transactions in their resettlement database, followed by entitlement records signed by AP and survey based monitoring of resettlement / land acquisition progress on a monthly basis. Monitoring will ensure:
(i) That all internal training of relevant safeguards staff occurred;
32 (ii) Verification that there are no outstanding or unresolved land acquisition issues with respect to the project and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the plan; (iii) Information campaign and consultation has been carried out with APs; (iv) Status of land acquisition and payments on land compensation; (v) Value of entitlement received is equal to that of original structure or land acquired; (vi) Effective utilization of entitlements received; (vii) Compensation for affected structures and other assets; (viii) Relocation of APs; if applicable; (ix) Payments for loss of income; (x) That all economic rehabilitation measures are implemented, as approved; (xi) Effective operation of both the Grievance Committees; (xii) Funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the plan.
72. PIU will also be responsible for carrying out field level monitoring through: (i) Review of census information for all APs; (ii) Consultation and informal interviews with APs; (iii) In-depth case studies; (iv) Informal sample survey of APs; (v) Key informant interviews; and (vi) Community public meetings.
73. A performance data sheet will be developed by PCO to monitor the project at the field level. Quarterly monitoring reports will be prepared by PIU and submitted to the PCO for overall project level monitoring. Semi-annual reports will be sent to ADB which report the progress of all aspects of resettlement activities. Monitoring and evaluation reports documenting progress on resettlement implementation and the completion report will be provided by the MPPW to ADB for review.
C. Reporting Requirements
74. The PIU will submit quarterly20 progress reports to the PCO, who will then review and take corrective actions if necessary. The PCO will with assistance from the PMSC consultants consolidate their reports into semiannual monitoring and submit to ADB. These reports are to describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget); and learning from such issues must be recorded which would help to deal with issues such as these more effectively.
20 DSC to submit monthly reports to PIU; PIU submits quarterly reports to PCO; PCO submits semi-annual reports to ADB.
33
Appendix 1 Consultation Summary and Persons Met
Dates Municipality Name Position Issues and opinions Discussed Biratnagar 14 to 15 Birat Nagar Project components and September Municipality their locations , solid , 2009 waste material, squatters, poor and rag pickers 2. Mr.Umesh Ojha Senior Engineer ― 3. Mr. Bharat Engineer ― Kumar Neupane 4.Ms. Pramila Environment Officer ― Nepal 5.Mr. Madhav Subba( non Location of land fill site Prasad Subedi Gazetted first and other issues class officer 6.Mr. Prem Sub –Engineer Field data collections in Bahadur Tamang different components of the of the project Oct 12 to 14, Biratnagar 1. Mr. Dilip Executive Chief , Project components and 2009 Municipality Kumar Biratnagar their locations , field Chapagai municipality visits and discuss with 2. Prem Sub engineer , the land owners , about Tamang BRT parcel of land and their 3. Shiva Land owner jatuwa ownership, Narayan kathkuppa yadav
Dec.15 , Jatuwa Total participants 8: Focus group discussion 2009 Kathkuppa 7 male 1 female on land acquisition and Area, compensation; details Biratnagar of discussion is available in the scanning document Dec. 15, Mills Area, Rrani Total Focus group discussion 2009 participants :9; 8 on land acquisition and male and 1 compensation; details female of discussion is available in the scanning document Dec. 16, ABCD complex Mr. Sahib Ahmad Joint Secretary , Discuss the pros and 2009 area Gudri and 3 other male ABCD Complex cons about ABCD bazaar , complex , number of Biratnagar tenants as business men and their problems and issues if they have to displaced somewhere temporarily Kathmandu 15 June Kathmandu 1. Mr. Madhusudan Chief Information Social and poverty 2009 Rimal Officer, MUAN, mapping, current Dilli Bazar activities of MUAN in relation tom town development
34
Dates Municipality Name Position Issues and opinions Discussed 17 June , 2. Mr. Shiva Hari Division Chief, Land pooling and other 2009 Sharma UEIP ,DUDBC issues 17 June, 3. Dr.. Mahendra Division Chief , How land could be 2009 Subba, DUDBC obtained for UEIP projects ; land acquisition and poverty issues 19 4. Mr. G.P. Division Chief , Problems in land June ,2009 Gorkhaly DUDBC acquisition, why there was delay in land acquisition in UEIP? 22 5.Mr. Gaj Bahadur Under Secretary, Gender issues and June ,2009 Rana Ministry of Gender Focal Point; women, Children Gender mainstreaming and Social and gender related Welfare policies 22 6. R.D Singh. Member National Poverty mapping , June ,2009 planning development of towns Commission and other related issues 22 June , 7.Mr. Jit Pal Kirant Vice Chairman, Context, issues and 2009 NEFIN policies of development of indigenous peoples; Mapping of indigenous populations 22 June , 8. Mr.. Subarna Researcher , ― 2009 Man Chowdhary NEFIN 23 June, 9. Ms. Lajana Executive Director, Slum vs. squatter 2009 Mananndhar Lumanti populations in Nepal and urban settlements Surveys done by Lumanti on squatters 23 June 10. Ms. Renu Lama Researcher , ― 2009 Lumanti 28 June 11Mr. Parag Project coordinator Discussion on various 2009 Kayastha from DUDBC components of the project, poverty and social mapping 29 Mr. Rajendra Section Head,UDLE Poverty mapping ; June ,2009 Pradhananga methodology used in poverty study, technical and capacity building programs for municipalities f