Involuntary Resettlement Due Diligence Report
Project Number: 40648-033 May 2014
IND: Infrastructure Development Investment Program for Tourism – Tranche 2
Submitted by
Department of Tourism, Government of Uttarakhand
This report has been submitted to ADB by the Government of Uttarakhand, Dehradun and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB.
Development of Tourism Infrastructure Facilities of Lakhamandal Temple
Involuntary Resettlement Due Diligence Report
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Document Stage: Draft for Consultation
Loan Number: 2833 /IND
April ,2014
Package no- UKIDIPT/DDN/03
India: Infrastructure Development Investment Programme for Tourism, Uttarakhand
Subproject –Development of Tourism Infrastructure Facilities of Lakhamandal Temple
The DDR 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.
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Development of Tourism Infrastructure Facilities of Lakhamandal Temple
ABBREVIATIONS
ADB - Asian Development Bank
IDIPT - Infrastructure Development Investment Programme for Tourism
UTDB - Uttarakhand Tourism Development Board
BPL — Below poverty line DSC — Design and Supervision Consultants GRC — Grievance Redress Committee
PIU — Program Implementation Unit
PMC — Program Management Consultants
PMU — Project Management Unit LAA — Land Acquisition Act MFF — Multitranche financing facility
NGO — Nongovernmental organization
OMC — Operations and Maintenance Contractors
PAH — Project affected household
SDS — Social Development Specialist RP — Resettlement Plan
DDR - Due-Diligence Report
ULB — Urban local body GMVN Garhwal Mandal Vikas Nigam
GoI - Government of India GoUK - Government of Uttarakhand
SO Safeguard Officer
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TABLE OF CONTENTS
S.No Description Page I. INTRODUCTION:
(A). Background 3 (B) Scope of this report 4 (C). Requirement of Due-Diligence Report 5 (D). Project Impact and Outcome 5 II. Scope of Land Acquisition and Resettlement 6 III. Indigenous Peoples 6 IV. Gender Issues 6 V. Public Consultations 7 VI. Finding 7 VII. Other Social Measures and Recommendations 7-8 VIII. Conclusions 8 Figure i. Project location(Satellite Imagery of Lakhamandal Temple) 4 ii. Project layout 5 Annexure 1. Transfer order of Land to Tourism Department of Khasra No.207 & 274 of 9 Lakhamandal village 2. Minutes of meeting (Permission taken in the meeting to take some work 10-11 within the ASI protected areas in Lakhamandal temple 3. NOC from Mandir Pujari Samiti 12 4. Letter given by Gram Panchayat and Mandir Pujari Samiti for taking 13 responsibility for operating and maintenance of assets after completion of works. 5. List of Fairs and Festivals 14 6. Stakeholders meeting minutes regarding Yamuna Circuit 15-21 7. Involuntary Resettlement Impact Categorization Checklist 22-23 8. Indigenous Peoples Impact Categorization Checklist 24-25 9. Photographs of Proposed Site 26
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I. INTRODUCTION:
A. Background: i. The Infrastructure Development Investment Program for Tourism Financing Facility (the Facility) will develop and improve basic urban infrastructure and services in the four participating states of Himachal Pradesh, Punjab, Uttarakhand and Tamil Nadu—to support the tourism sector as a key driver for economic growth. It will focus on: (i) strengthening connectivity to and among key tourist destinations; (ii) improving basic urban infrastructure and services, such as water supply, road and public transport, solid waste management and environmental improvement, at existing and emerging tourist destinations to ensure urban amenities and safety for the visitors, and protect nature and culture-based attractions. Physical infrastructure investments will be accompanied by: (iii) capacity building programs for concerned sector agencies and local communities for better management of the tourist destinations and for more active participation in the tourism-related economic activities, respectively. ii. Historical Importance of Lakhamandal Temple: Lakhamandal is an ancient temple, enshrining Lord Shiva, andis a prime attraction for both common man and pilgrim alike. Old temples of Shiva, the Pandavas and Parsuram are aplenty in this area. Lakhamandal’s main attractions are its archaeological and religious assets as well as offering experiences of rural village life. This site is rich with ancient temples, sculptures and inscriptions. Lakhamandal temple is under ASI. iii. Present Status of Lakhamandal Temple and its surrounding areas: The temple complex at Lakhamandal has a dilapidated approach road, lack of parking space, inappropriate waste disposal system and inadequate and rundown other visitor/ tourist facilities and services. The existing visitor facilities like toilets and drinking fountains are underutilized due to improper functioning. There is lack of designed parking lots. There is lack of directional and informational signage. The 200m approach road (pedestrian) towards the temple complex is in a dilapidated condition. There is lack of visitor information system. iv. Location of Lakhamandal: Lakhamandal Temple is situated at the upper end of the Lakhamandal village,block Chakrata in Dehradun District. Lakhamandal village is 125 km from Dehradun via Herbertpur and 111km via Mussorie. Lakhamandal lies near the Bernigaad village, a place 5km away from the main Yamunotri Yatra road. Lakhamandal is connected to this main road by a link road.
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Figure 1: Satellite Imagery of Lakhamandal Temple
B. Scope of this report v. Physical works associated with this project will involve provision of(i) Recreating the parking space with public toilets for visitors.(ii) Construction of an entrance gate at the beginning of the approach road which helps the visitors to locate the traditional ASI protected temple complex from the main road.(iii) Rebuilding the 300mt long approach road.(iv) Design of appropriate directional and informational Signage that directs the visitors from the parking space and entrance gate to the temple complex.(v) Design of appropriate lighting along the pedestrian trail that leads to the temple.(vi) Up gradation of existing public toilet block by the side of the trail in addition to the one at the vehicular parking space.(vii) Restoration of drinking water fountains at suitable points identified(viii) Introducing litterbins at identified spots as part of solid waste management system. Sub-project layout is shown in figure 2.
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Figure 2: Project layout
C. Requirement of Due-Diligence Report vi. As there is no involuntary resettlement involved in this sub-project and the preparation of RP for this sub-project is not required, hence this brief due-diligence report has prepared for the documentary requirement for the ADB. This report describes the findings and provides copies of relevant maps and legal documents.
D. Project Impact and Outcome vii. The subproject is expected to increase the tourist inflow, generate employment opportunities for young people and for people interested in surrounding villages. As tourism increases, expectedly there will be more opportunities for development of retail business, restaurant and entertainment options, transport services, and all these activities wouldgenerate more income. It provides opportunities for the residents of nearby villages to interact with other people, lifestyles and cultures. Overall, Improving basic infrastructure and services will definitely attract tourists and provide a rich experience for tourists as well;
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Economic benefits to the local people and support to the temple reserve fund would be additional benefits. II. Scope of Land Acquisition and Resettlement viii. A Comprehensive social assessment and determination of potential land acquisition and resettlement impacts were undertaken along with design engineer. The result of the social assessment of resettlement impacts showed that this subproject will not result in permanent or temporary land acquisition and resettlement impacts because it will be undertaken within the vacant Panchayat land, which has been transferred to the Tourism department. Detail is attached in Annexure 1.
ix. As per design and confirmation with design engineer, there are no expected impacts on private land, private properties like housing, shops, commercial buildings, religious and community infrastructure. In this Sub-Project intervention, full or partial, permanent or temporary, physical and economic displacements are conspicuously absent. There are no Project Affected Persons; no land or structure is to be acquired, no common property resources are affected. Even nobody’s livelihood either temporarily or permanently is likely to be affected. x. Permission has been taken from ASI in the meeting dated 24.10.2013 for electrical works, signages, renovation of toilets, and restoration of drinking water facilities within the premises of ASI areas. Refer annexure 2.
III. Indigenous Peoples xi. There will be no impact on Indigenous peoples (IPs). Sub-project does not have any impact on Indigenous people or ethnic minority specially Jaunsari caste, who is living out of the project areas. All the proposed construction activities will be done within the vacant government land and existing premises of the temple complex. This is categorized as “C” for Indigenous Peoples. No Indigenous peoples Plan will therefore be needed for this sub- project.
IV. Gender Issues xii. The project will not have any such impact on women except some potential employment scope. However, as a part of social due diligence, focused group discussions were carried out among the women group in the surrounding villages of the project to create awareness among the upcoming development activities and their livelihood opportunity options.
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V. Public Consultations xiii. Community consultation meeting held at the sub-project site. Participants were of the view that this sub-project is important and very much needed and all are pleased by the project and they supported this project.(see annexure 6).None of the community members opposed this sub-project.
VI. Finding xiv .In this Sub-Project intervention, full or partial, permanent or temporary, physical and economic displacements are conspicuously absent. There are no Project Affected Persons; no land or structure is to be acquired, no common property resources are affected. Even nobody’s livelihood either temporarily or permanently is likely to be affected. xv. This subproject has been categorized as “C” for Involuntary Resettlement (IR) impact as per the ADB’s Safeguard Policy Statement, 2009 (SPS).
VII. Other Social Measures and Recommendations xvi. Most of the works will be undertaken on the vacant government lands so there will be no need to acquire land, and thus there will be no impacts on the asset of landowners or tenants etc. However construction works mightimpede the access of tourists to the temples and thus construction contractor and site Engineer will have to adopt good engineering practices during execution to reduce the disturbances to the tourists as well as local people. The contractor shall adhere to the following code of conduct while undertaking construction activities:
(i) During renovation works such as (electrical, signages renovation of toilets, restoration of drinking water facilities within the premises of ASI areas) contractor shall strictly ensure that remaining structures within thet premises will not be disturbed. If any impact is anticipated during execution, permission would be sought from ASI prior to the commencement of the works.
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(ii) All measures required during construction activities nearby or within heritage monuments, and the guidelines are set forth in the Environment management plans(EMP) for these areas. Work must be stopped immediately to allow further investigation if any findings are suspected.
(iii) Ensure to leave spaces for access between mounds of soil;
(iv) Provide walkways and metal sheets where required to maintain access across trenches for people and vehicles; (v) Increase workforce in front of temple, so works should be completed on time.
(vi) Provide sign boards for pedestrians to inform nature and duration of construction works and contact numbers for concerns/complaints (vii) Ensure all safety rules at work, and Provision of adequate health and safety measures such as water, food, sanitation, personal protective equipment, workers insurance, and medical facilities. (viii) The Contractor shall consult with members of temple trust, village panchayat as well as local residents before and during execution of works, because they are familiar of the site, conditions etc. (ix) All works will be carried out without unreasonable noise and air pollution
(x) Training of workers and providing them with appropriate incentives to use and comply with health and safety procedures and protective equipment; (xi) Having emergency prevention, preparedness, and response arrangements in place.
VIII. Conclusions xvii It is concluded from this due diligence study that: the proposed infrastructure improvements do not change substantially; there should be no issues of land acquisition and resettlement related to these subprojects. All facilities will be built on vacant government land and should not cause any loss of income or assets. In case any claims or complaints are to be submitted during the construction period, an effective and efficient Grievance Redress Mechanism will enhance provision of timely and sensible hearings and facilitate solutions.
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Annexure 1: Transfer order of Land to Tourism Department of Khasra No.207 & 274 of Lakhamandal village
Khasra no-207 & 274,rakwa (0.01 & 0.060 hec) of village Lakhamandal,Tehsil-Chakrata,Dist- Dehradun, which was previously under the jurisdiction of Gram Panchayat, now district administration takes these land in their own possession and transfer to the Tourism Department for ADB supported infrastructure development at Village Lakhamandal.
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Annexure 2: Minutes of meeting (Permission taken in the meeting to take some work within the ASI protected areas in Lakhamandal temple
Point No 1: Permission taken from ASI for improvement of electrical works within the jurisdiction of ASI protected areas of Lakhamandal temple and also getting concurrence from the ASI for operation and maintenance of project assets.
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Annexure 3: NOC from Mandir Pujari Samiti
No Objection Certificate
Mandir Pujari Samittee of Lakhamandal Temple does not have any objection for the ongoing ADB supported IDIPT infrastructure development works of Lakhamandal Temple and willing to provide all kinds of support for the implementation of the proposed works.
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Annexure 4: Letter given by Gram Panchayat and Mandir Pujari Samiti for taking responsibility for operating and maintenance of assets after completion of works.
Operation and Maintenance statement
Gram Panchayat and Pujari samittee, Lakhamandal Temple, has agreed to take the responsibility of Operation and Maintenance of project assets, which shall be constructed through Asian Development Bank supported IDIPT project. The responsibility for maintenance of street lights will be under ASI.
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Annexure 5 : List of Fairs and Festivals
Period Activity Duration/ Nature Number of Visitors
April Bishu mela 7 days (Bow arrow play, 15-20 thousand/day traditional songs, music) a community festival
May- June Pilgrimage Religious 200-250/day
June Dakanan Mela 2 days 200-250/day
September Jagra Mela 2 days 200-250/day
October - Nai Deewali 5 days 4-7 thousand/day November
December- Bhakra Katai 1 month (traditional dance, 2-3 thousand/day January songs, music) February Shiv ratri 2 days Villagers
February- Basant 5 days 200-250/day March Panchami
*Based on verbal discussion with Mandir Pujari Trust officials.
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Annexure 6(a): Stakeholders meeting minutes regarding Yamuna Circuit
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Annexure 6(b): Public consultation
Date Place Consulted Issues discussed Outcome of discussions Persons 14.06.2013 Lakhamandal Villagers Flow of Tourists, They said that every year village village details April to June & Dec. to Jan., and suggestions the numbers of tourists is for the very high. Some of the Melas development of (Fairs) are famous on which the site. religious tourists visit the temple. There is no religious rest house in the village and no drainage system at present
26.01.2013 Lakhamandal Members of Awareness and During consultation, member village Panchayat extent of the of Village panchayat and samiti project and Mandir Pujari Samiti Temple development informed that the 2 of old trust,villagers components, caves and a pond, which etc. operation and have a historical significance, maintenance of should be taken under this projects after project and village panchayat execution, ADB will provide all the support. safeguard policy, Villagers and Mandir Pujari GRC under this Samiti have given their project etc. approval for taking responsibility of operation and maintenance of the assests that will be developed under this project.
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Public Disclosure meeting at Lakhamandal village
Date Objective Participants 14th March 2014 To make villagers aware of the project impacts and A total number of 35 villagers of broad provision of R&R policies. Lakhamandal, and representatives of Youth group, Temple committee Dissemination of information to build awareness members and Women group about Safety measures during construction period. members participated in the meeting
Mr. Ashish Sharma, Training & Marketing consultant, PMU and Mrs. Discuss about the training requirements to Himani Shah, CDO, PIU Dehradun enhance their skills & restore the livelihood. Mr. Y.S. Rawat, Sr. Architect and To promote an information and knowledge-sharing Ms. Kiranjeet Sandhu, CM & SKT, DSC, Dehradun culture.
Two-way information exchange to promote participatory development.
Press note of Disclosure meeting dated 14th March,2014.
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Photographs of Public Disclosure meeting at Lakhamandal village
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Annexure 7: INVOLUNTARY RESETTLEMENT IMPACT CATEGORIZATION CHECKLIST
Probable Involuntary Not Resettlement Effects Yes No Remarks Known
Involuntary Acquisition of Land
Some renovation works will be
√ undertaken within the ASI premises for which permission has been taken 1. Will there be land from ASI and others works such as development of parking with public acquisition? toilets for visitors, rebuilding of roads etc will be developed in the vacant panchayat land, which has been transferred to the tourism dept. NA 2. Is the site for land acquisition known? NA 3. Is the ownership status and current usage of land to be acquired known?
4. Will easement be utilized √ within an existing Right of Way (ROW)?
5. Will there be loss of shelter √ and residential land due to land acquisition?
6. Will there be loss of √ agricultural and other productive assets due to land acquisition?
7. Will there be losses of crops, √ trees, and fixed assets due to land acquisition?
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√ There will be no loss of businesses or 8. Will there be loss of enterprises due to the construction of businesses or enterprises due to parking. land acquisition?
9. Will there be loss of income √ The sub-project will not have any sources and means of impacts in terms of livelihood or any livelihoods due to land income sources. acquisition? Involuntary restrictions on land use or on access to legally designated parks and protected areas
√ 10. Will people lose access to No impact foreseen for o loss of natural resources, communal access to natural resources, facilities and services? communal facilities and services.
11. If land use is changed, will it √ The land use will not change in any have an adverse impact on case. social and economic activities?
√ The access to the land and resources 12. Will access to land and owned communally or by the state resources owned communally or will not be restricted due to the by the state be restricted? implementation of the sub-project.
Information on Displaced Persons:
Any estimate of the likely number of persons that will be displaced by the Project? [√ ] No [ ] Yes If yes, approximately how many?
Are any of them poor, female-heads of households, or vulnerable to poverty risks? [√] No [ ] Yes Are any displaced persons from indigenous or ethnic minority groups? [√] No [ ] Yes
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Annexure 8: INDIGENOUS PEOPLES IMPACT CATEGORIZATION CHECKLIST
KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column)
A. Indigenous Peoples Identification 1. Are there socio-cultural groups √ present in or use the project area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the project area? 2. Are there national or local laws or NA policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities? 3. Do such groups self-identify as being NA part of a distinct social and cultural group? 4. Do such groups maintain collective NA attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, NA economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct NA language or dialect? 7. Has such groups been historically, NA socially and economically marginalized, disempowered, excluded, and/or discriminated against? 8. Are such groups represented as NA "Indigenous Peoples" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decision- making bodies at the national or local levels?
B. Identification of Potential Impacts
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KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column) 9. Will the project directly or indirectly √ benefit or target Indigenous Peoples? 10. Will the project directly or indirectly √ affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance) 11. Will the project affect the livelihood √ systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status) 12. Will the project be in an area (land √ or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain? C. Identification of Special Requirements Will the project activities include: 13. Commercial development of the √ cultural resources and knowledge of Indigenous Peoples? 14. Physical displacement from √ traditional or customary lands? 15. Commercial development of natural √ ---- resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples? 16. Establishing legal recognition of √ rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples? 17. Acquisition of lands that are √ ------traditionally owned or customarily used, occupied, or claimed by indigenous peoples?
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Annexure 9: Photographs of Proposed Site
Entrance gate of Lakhamandal Temple Existing access road towards temple that will be upgraded.(Road is under ASI Jurisdiction)
Existing toilet that will be upgraded View of Lakhamandal Temple
Vehicular pathway that will be upgraded Panchayat vacant land where parking will be developed
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