Social Monitoring Report
Project Number: 41627-023 / 41627-033 June 2020 Period: July 2019 – December 2019
IND: Himachal Pradesh Clean Energy Development Investment Program - Tranche 1 & 2 Subproject : Sawra Kuddu
Submitted by
Himachal Pradesh Power Corporation Limited, Shimla
This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
From: Chief Environment Specialist, HPPCL
Dear All ,
Greetings from HPPCL Corporate Environment and R&R Cell Shimla!
Please find attached herewith Semi Annual Social Monitoring Report w.e.f 1st July,2019 to Dec,2019 in respect of Swara Kuddu HEP. This is for information and record please.
With Best Regards
Recd 7.04.20 Hitender K Gupta SFG Log 4098 Chief Environment Specialist & Chief Social and RR Specialist, HP Power Corporation Limited, Himfed Building, BCS, New Shimla-171009, HP, India Office No: 0177-2672739 Website: http://www.hppcl.in
SEMI ANNUAL SOCIAL MONITORING REPORT (July to December, 2019)
Sawra Kuddu HEP (111MW)
Himachal Pradesh Power Corporation Ltd Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP) Loan 2461-IND & 2596-IND (Tranche 1 & 2)
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Table of Contents
List of abbreviations and colloquial terms used 3 A. Brief Description about Project 4 B. Project Impact 5 C. Social Safeguard Categorization 5 D. Institutional Arrangements 6 E. Grievance Redressal Mechanism 6 F. Details of Public Consultation 6 G. Resettlement Plan Implementation 6 H. Corrective Action Plan 8 I. Action Plan 8
Annexure-1 -Detail of assistance paid to Affected Households Annexure-2- Sample documentary proof for payment of Transitional Allowance
List of abbreviations and colloquial terms used 2
ADB Asian Development Bank AP Affected Person CBO Community Based Organization DC Deputy Commissioner GoHP Government of Himachal Pradesh Ha Hectare HEP Hydro Electric Project HPCEDIP Himachal Pradesh Clean Energy Development Investment Programme HPPCL Himachal Pradesh Power Corporation Limited LAA Land Acquisition Act LADF Local Area Development Agency LTH Legal Titleholder MPAF Main Project Affected Family PAA Project Affected Area PAF Project Affected Family PIU Project Implementation Unit PMU Project Management Unit Panchayat Lower most tier (at cluster of village level) of governance in India Parivar Family RP Resettlement Plan R&R Resettlement & Rehabilitation SKHEP Sawra Kuddu Hydro Electric Project
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A. Brief Description about project:
1. Sawra-Kuddu HEP (111 MW), is part of Tranche 1 & 2 of the Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP). It is a run-of-the-river Project on Pabbar River in Shimla District of Himachal Pradesh. This project lies between longitudes 77º-45'-00" to 77º-49'-33" East and latitudes 31º-07'-54" to 31º-03'-30” North. The Project entails diversion of water of Pabbar river by constructing a gated barrage (±15.50 m high) at Hatkoti to create a small pondage, Intake Structure, Desilting Tank and a 11.365 km long Head Race Tunnel along with other appurtenant structures like surge shaft, pressure shaft and an underground Power House (with 3x37MW capacity) near Snail on left bank of river Pabbar. 2. The Project area consists of nine Gram Panchayats namely Sari, Saraswati Nagar, Seema- Rantari, Jhalta, Mandal, Rawin, Thana, Kuddu and Anti in the project affected area (PAA) and one Gram Panchayat Jhagtan included in project affected zone (PAZ). The private land affected falls under 9 Panchayats (Project Affected Area).
General Layout Plan of Sawra Kuddu HEP
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B. Project Impact:
3. Efforts have been made during the detailed design of the Project to minimize land acquisition and involuntary resettlement impacts on local communities in the Project area. Since it is a run-of- the- river Project, the Project entails minimum sub-mergence. The finalization of the various project components is based on parameters such as least cost and the social and environmental viability of the Project. The broad measures taken into consideration to minimize resettlement are (i) siting of project components in government land, where feasible, (ii) adequate engineering design to minimize resettlement through adopting a run-off-the-river scheme, and (iii) saving or restoring cultural and common properties. 4. The census survey indicates shared ownership of affected land plots by several affected households. In these households, the affected plots are jointly owned among family members who inherited land from a common ancestor. In other words, there are instances in the Project wherein there are more than one legal titleholders entitled for compensation (as per the Land Acquisition Act) within one affected household. All such titleholders have been enumerated as Legal Title holders (LTH) in this RP. Accordingly, 753 affected households, comprising of 1418 LTHs. The involuntary resettlement impacts identified in Sawra Kuddu HEP are summarized in Table 1 below:
Table: 1
Total number of Affected Households (AHHs) 811 HHs Total number of Affected Persons (APs) 3792 APs Number of Vulnerable Households 113 +46= 159 HHs Total number of Affected Structures 10 structures Total Permanent Land Acquisition (ha) 44.8707 ha Agricultural Land (ha) 29.2073 ha Pasture Land (ha) 9.3049 ha Orchard Land (ha) 3.3206 ha Wasteland (ha) 2.7714 ha Wasteland (Purchased) 0.0609 ha Bani Land (Purchased) 0.2056 ha Total Temporary land acquired (ha ) 0.1122 ha Total permanent Government Land affected (in ha) 54.253 ha Affected Share cropper HHs 39 HHs Already included in Affected HHs due to fishing rights 19 HHs 811 (753+39+19)
C. Social Safeguards Categorisation
5. The project is categorized as “A” for Involuntary Resettlement as per the ADB’s Involuntary Resettlement Policy, 1995 which applies to the project. RP contains all the measures to mitigate all involuntary resettlement impacts caused by Sawra Kuddu HEP and provide adequate resettlement and rehabilitation assistance to the affected households to restore or improve their pre-Project standard of living. 5
D. Institutional Arrangement
6. The Himachal Pradesh Power Corporation Limited (HPPCL) is the executing agency (EA) for the HPCEDIP. The HPPCL through its Project Management Unit (PMU) also functions as the implementing agency (IA) for HPCEDIP. The PMU is responsible for planning, coordinating, implementing and financing of all resettlement activities. The PMU has established an Environment and Social Management Unit (ESMU), headed by the Chief Environment Specialist cum Social and R&R Specialist, to deal with all social safeguards issues. For Sawra Kuddu HEP, the PMU is responsible for the overall management of land acquisition and resettlement, while a Project Implementation Unit (PIU) at field level undertakes all related field level activities for the implementation of the Project, including RP implementation. The PIU at Sawra Kuddu HEP is staffed with two Junior Resettlement Officer (JRO) to coordinate and facilitate R&R activities at the field level.
E. Grievance Redressal Mechanisms:
7. HPPCL has established a mechanism vide office order No. HPPCL/SKHEP/GRC/2013-2467- 72 dated 14.05.2013 to receive and facilitate the resolution of affected persons’ concerns and grievances about physical and economic displacement and other project impacts. The grievances are first addressed at PIU level by the Resettlement Staff/HoP and unresolved issues are placed before Grievance Redress Committee (GRC) constituted at project level. The GRC constituted at Sawra Kuddu HEP comprises of representatives of the APs, PIU, field level staff, local administration, revenue authority and local community. Excepting disputes relating to ownership rights which require to be resolved by a court of law, the GRC reviews grievances involving compensation assessment and payment, relocation and other assistance etc. The grievance redress mechanism will not impede affected person to access the country’s judicial or administrative remedies. No Grievances has been received during reporting period (July - Dec, 2019).
F. Details of Public Consultation and Disclosure of Social Safeguards:
8. Public consultation is being used as a tool to inform and educate stakeholders about the project and various public welfare activities/schemes implementing by HPPCL. However, no formal public consultation was held during reporting period, but, HPPCL remained in direct contact with APs through various welfare schemes being implemented in project affected area. Further, approved Resettlement Plan of Sawra Kuddu HEP along with Executive Summary of the same (in Hindi) have been hosted on HPPCL’s website.
G. Resettlement Plan Implementation:
i. Detail of Land Compensation:
9. In Sawra Kuddu HEP, land has been acquired both through land acquisition (in line with the LA Act, 1894), through negotiated agreement. Of the total 44.8707 ha of private land, 44.6042 ha has been acquired through LA Act. 1894. The remaining land measuring 0.2665 ha land has been obtained through negotiated agreement between HPPCL and the affected households. Details are provided in Table 2. 10. Table 2: Extent of and compensation paid for land acquired through land acquisition (in line with the LA Act, 1894 and negotiated agreement
Modality Land Acquired (in No. of Affected Legal Compensation Paid ha) Titleholders (LTH) (Rs.) Land Acquisition 44.6042 1408 442,518,758 (under LA Act, 1894) Negotiated 0.2665 10 1,824,700 Agreement Total 44.8707 ha 1418 LTH 444,343,458
11. In case of the 44.6042 ha of private land acquired through LA Act, 1894, the Land Acquisition Officer (LAO) announced different rates depending upon the characteristics and type of affected land 6
(Agriculture, Orchard, Pasture and Wasteland).All private land was acquired in the year 2007, 2008, 2010, 2011 and 2012 and a total of 27 awards were made by the Land Acquisition Officer (LAO). A total of Rs. 44,25,18,758/- has been paid as compensation for 44.6042 ha of private land acquired through LA Act. For sample documentary proof, please refer Para 92, Page 45 of approved Resettlement Plan of Sawra Kuddu HEP. Rs. 1,824,700/- has been paid for purchase of 0.2665 ha of land through negotiated agreements. In addition to permanent acquisition of land, 0.1122 ha of land was temporarily leased for the period July, 2010 to March, 2013 for the project through agreement and direct negotiations with 1 LTH. A total of Rs. 146,858 was paid as compensation for temporary leasing of land. The Lease for the said land was not extended further.
ii. Detail of Compensation for Structures:
12. Apart from private land, 1 residential structure and 9 other structures1 were also affected as a result of the project. The compensation for structures, buildings and other immovable properties has been determined on the basis of the rate assessed by PWD based on Schedule of Rates of the year in which the structure was acquired without depreciation. This was further verified through the valuation committee. HPPCL has also consulted the owners of structures and adjusted compensation rates in some cases. Please refer Para 103 Page 52 of RP of Sawra Kuddu HEP for sample documentary evidence of compensation payments made for structures. The total compensation paid for different categories of structure is presented in the Table 3 below:
Table 3: Compensation paid to affected structures
Type of No. of Number of Number of Compensation Paid structure Affected Affected Affected (in Rs.) Structures households Legal Title (AHH) holders (LTH) Residential 1 1 1 1,250,812 Other structures 9 15 21 672,112 Total 10 16 22 1,922,924
iii. Detail compensation paid for fruit bearing trees/ timer trees:
13. Compensation for 6123 affected trees was also based on their market value. HPPCL engaged the Horticulture and Forest department to physically verify and assess the value of affected trees. The loss of timber trees was compensated at applicable market value whereas the compensation for the loss of fruit trees was calculated based on the age of the affected tree and the annual produce value for next productive years (depending on the nature of trees). A total of 11,969,197 was paid to the 470 affected households losing timber and fruit trees. Please see Para 104, Page 52 of Resettlement Plan for sample documentary evidence of compensation payments made for trees.
Table 4. Payment of Compensation for Trees
Type of trees No. of Affected No. of Trees Compensation Paid (Rs.) Households Fruit tress/Non 470 6123 11,969,197 Fruit trees
1Other structures comprise of 5 temporary sheds, 4 water tank & storage structures. 7
iv. Payment of Compensation for Crop
12. In accordance with Entitlement Matrix of RF, all persons losing agriculture land with annual crops were allowed to harvest their crops prior to land acquisition. Therefore, no crop compensation has been paid under this Project. v. R&R Assistance
13. In line with the entitlements agreed in the Resettlement Framework and the Resettlement Plan prepared for this Project, apart from compensation for affected assets, the affected households were also entitled for the following types of R&R assistance:
Loss of Land: Transitional allowance based on three months of minimum agricultural wage rates1 as well as an additional lump sum resettlement grant for landless2 families.
Loss of Structures: Shifting assistance at Rs. 10,000 per household and one-time financial assistance of Rs. 25,000 for each affected commercial structure.
Loss of livelihood: Assistance for lost income based on three months minimum wage rates.2 Impact on Vulnerable APs: Additional one-time financial assistance equivalent to five hundred days of minimum wage rates.3
14. The status of payment of the above assistance was assessed in the Sawra Kuddu HEP during the due diligence conducted while updating the RP. The due diligence indicates that assistance has been paid to the affected households as indicated in Annexure 1 While the majority of the entitlements have been paid to the affected households in full, the three pending entitlements include (i) transitional allowance for loss of agricultural land to 208 Legal Titleholders (out of 1418 LTHs/ 753 AHHs), (ii) assistance for loss of livelihood to 3 AHHS and (iii) Vulnerability assistance to 11 vulnerable households
H. Corrective Action Plan (CAP):
15. In order to address the gaps identified during due-diligence, (i) Transitional Allowance amounting to Rs 360,238 has been paid to 16 LTHs during reporting period. Total Assistance amounting Rs. 27,362,210 has been released in favour of 1226 THs upto December 2019. Documentary proof for the same is attached as Annexure-2. (ii) Three fishermen are not traceable as already conveyed vide earlier report (January-June, 2019), hence, assistance of lost income cannot be paid to them. (iii) Out of remaining 11 vulnerable persons, grant of 3 persons has been withheld due to Court Cases and grant can be disbursed to them only after the decision of the Hon’ble court. Grant to 7 persons is not payable as either they are not falling in the criteria of vulnerability (already conveyed vide earlier report (January-June, 2019). Therefore, vulnerable grant is not payable to them. Further, grant to remaining one person will be paid on the submission of requisite documents by him. Therefore, it can be concluded that there is no pendency of disbursement of this allowance.
I. Action Plan: 16. Efforts will be made to complete the disbursement of Transitional Allowance by June, 2020.
1The minimum agricultural wage has been calculated at the rate of Rs. 170/day based on the 2014 Department of Labour and Employment data for Himachal Pradesh. 2 Landless are those whose landholding remains to be less than 5 bighss, equivalent to 752.60 square meter (HP Nautor Land Rule, 1963). 8
Annexure-1 Status of Payment of R&R Assistance to Affected Households (As on Dec, 2019)
Type of Loss Entitlement Entitlement paid No. of No. of Corrective Action during period (July- Agreed in the by HPPCL as per AHHs/LTHs AHHs/LTHs who Dec 2019) RF and RP HP R&R entitled to have been paid receive assistance (up to assistance June, 2019)
Loss of land Transitional Transitional 753 AHHs 1210 LTHs R&R Welfare Grant (Transitional allowance) allowance allowance based (1418 LTHs) amounting to Rs. 360,238 to 16 LTHS of based on three Rs. 45,000 as per Sawra Kuddu HEP released during reporting
months of HPPCL R&R. period. minimum Sample documentary proof for the same agricultural is enclosed as Annexure- 2. wage rates.1
Till 31st Dec, 2019, out of total 1418 LTH’s payment of R&R welfare grant has been released to 1226 LTH’s. Payment of 36 persons has been withheld due to Court Cases, Kabiz, and Murthan etc. Notices have been issued to the remaining 156 LTH’s through Gram Panchayat Pardhans where land of the individual LTH was acquired /at the address of the individual person available in the record. After repeated notices they have not still submitted mandatory documents requisitioned for releasing of R&R welfare grant till date.
1 The minimum agricultural wage has been calculated at the rate of Rs. 170/day based on the 2014 Department of Labour and Employment data for Himachal Pradesh. 1
Loss of Shifting Transportation 22 22 Covered under Resettlement Grant paid as Structure assistance at cost of Rs. 20,000 per Sub Clause 5.2 of HPPCL R&R policy. (Residential Rs. 10,000 per for physical and Other household movement to structures) displaced shopkeeper and their household goods/ shop goods. Loss of Assistance 19 Fishermen 16 fishermen and Total assistance (16 fishermen and 39 Livelihood for lost +39 39 sharecroppers sharecroppers) amounting Rs 841,500 paid (Loss of income Sharecroppers to up to Dec 2019. access to based on natural three resources and months Three fishermen are not traceable as livelihood of minimum already conveyed vide earlier report sharecroppers) wage rates. (January-June, 2019), hence, 2 assistance of lost income cannot be paid to them.
2 The minimum agricultural wage has been calculated at the rate of Rs. 170/day based on the 2014 Department of Labour and Employment data for Himachal Pradesh. 2
Additional Additional 159 99 persons Out of remaining 11 vulnerable persons, assistance to one-time grant of 3 persons has been withheld Vulnerable financial Households assistance due to Court Cases and grant can be equivalent disbursed to them only after the decision to five of the Hon’ble court. Grant to 7 persons hundred is not payable as either they are not days of minimum falling in the criteria of vulnerability agricultural (already conveyed vide earlier report wages.3 (January-June, 2019). Therefore, vulnerable grant is not payable to them. Further, grant to remaining one person will be paid on the submission of requisite documents by him. Therefore, it can be concluded that there is no pendency of disbursement of this allowance.
3The minimum agricultural wage has been calculated at the rate of Rs. 170/day based on the 2014 Department of Labour and Employment data for Himachal Pradesh. 3
Overall loss to 1.5% of the The Project has Paid Paid No action required. the Project total Project made a total impact Area cost to be contribution of Rs. (Infrastructure spent for on 108,700,000 to and other local area Local Area social cultural developmen Development assets) t. Fund. This fund 1% share of has been utilized the revenue by the District generated Administration for during the construction of life of the pucca road, water Project to be distribution provided to scheme, check affected dams and Panchayat community buildings in the affected panchayats.
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