National Capital Region Urban Infrastructure Financing Facility

Environmental and Social Management System Implementation Report

Annual Report 2013

IND: National Capital Region Urban Infrastructure Financing Facility

Prepared by National Capital Region Planning Board for the Asian Development Bank.

Annual ESMS Implementation Report

Loan Number: 2660 IND Period: Year 2013

INDIA: National Capital Region Urban Infrastructure Financing Facility

Prepared by: Executing Agency: National Capital Region Planning Board

March, 2014 New Delhi

ABBREVIATIONS

ADB - Asian Development Bank CC - Construction Contractor CFE - Consent for Establishment DIMTS - Delhi Integration Multimodal Transit Service DPR - Detailed Project Report EA - Executing Agency EIA - Environmental Impact Assessment ESMC - Environmental & Social Management Cell ESMS - Environmental & Social Management System HSPCB - Haryana State Pollution Control Board IA - Implementing Agency IEE - Initial Environmental Examination MFF - Multi-tranche Financing Facility NCR - National Capital Region NCRPB - National Capital Region Planning Board PHED - Public Health Engineering Department PMC - Program Management Consultant PMU - Program Management Unit PPTA - Project Preparatory Technical Assistance

ii Table of Contents

I. REPORT ON ESMS IMPLEMENTATION 1 A. Background 1 B. NCRPB’s Environmental & Social Management System 2 C. NCRPB Project Portfolio in 2013 5 D. Environmental & Social Due Diligence of Projects 7 E. ESMS Review & Update 25 F. Summary & Conclusions 25

List of Tables

Table 1: Environmental Categorization ...... 3 Table 2: Social Categorization ...... 4 Table 3: Additional Staff of PMU & Status ...... 4 Table 4 : Projects Submitted for NCRPB Loans in 2013 ...... 5 Table 5 - Projects under KFW line of credit ...... 7 Table 6: Project Categorization of NCRPB projects ...... 11 Table 7: Status of Mandatory Approvals & Clearances ...... 15 Table 8: Status of Environmental Due Diligence Reports ...... 21 Table 9: Status of Social Due Diligence Reports ...... 22

Attachments

Attachment 1: NCRPB Circular to IAs on ESMS Implementation & Compliance Attachment 2: Applicable Environmental & Social Legislations Attachment 3: Applications for tree cutting by IAs for projects

iii I. REPORT ON ESMS IMPLEMENTATION

A. Background 1. The National Capital Region Planning Board is a statutory body under the Ministry of Urban Development, constituted through an Act of Parliament in 1985. It has the mandate to prepare a Regional Plan for the development of the National Capital Region and to coordinate and monitor the implementation of such a plan and evolve harmonized policies for control of land uses so as to avoid any haphazard development. In addition, the Board also provides financial assistance by way of loan to critical infrastructure projects, being undertaken by constituent State Governments, ULBs and other parastatals of the State Governments, in the region. NCRPB Regional Plan-2021 envisages massive scaling up of urban infrastructure investment in NCR.

2. The scaling up of urban infrastructure by implementing priorities of Regional Plan 2021 requires provision of longer tenure low cost debt, technical capacities for implementing agencies (borrowers of NCRPB) in urban planning, project development, project implementation, identification of bankable projects and enabling private sector investments, improving urban basic service provision, among others, through partnership with private sector. Besides, provision of adequate incentives is needed to motivate cities and state entities to undertake public and environmental urban infrastructure projects that can mitigate greenhouse gas emission, and enhance private sector efficiencies. The National Capital Region Urban Infrastructure Financing Facility (NCRUIFF) is built around this rationale. NCRUIFF is being funded by the Asian Development Bank.

3. The impact of NCRUIFF is to improve overall quality of life and economic well-being of urban residents in India's NCR. The outcomes of NCRUIFF are improved economic growth support and public and environmental urban infrastructure services in the participating cities and/or sub regions of the NCR in accordance with the Regional Plan priorities. To this effect, NCRUIFF will support NCRPB in (i) leveraging its resources through a line of credit and other market access support services, and (ii) support a project development facility that would focus on design, implementation and delivery of quality growth oriented and public and environmental urban services and support capacity enhancements as well.

4. There are three broad outputs of this project: (i) NCRUIFF would support creation of high quality urban public and environmental infrastructure. This would include water supply, sanitation and waste management projects including possible regional initiatives. (ii) to foster economic growth and mobility, NCRUIFF will support creation of connectivity and/or upgradation of transit infrastructure in the region. (iii) Implementation support for strengthening of NCRPB and participating implementation agencies' capacity to design and execute high quality urban infrastructure project, and other capacity development activities including enabling public- private partnerships.

5. The Facility is being provided to NCRPB in line with the provisions of the Multi tranche Financing Facility (MFF) modality of the ADB. Besides physical infrastructure, facility also supports NCRPB's institutional transformation in line with the evolving infrastructure and financial sector reforms. The total estimated project cost is US$ 200 million, of which 75% of the financial assistance is provided by ADB (i.e. US$ 150 million) from its ordinary capital resources (OCR) and the remaining is to be contributed by NCRPB and its sub borrowers.

6. The Facility supports subprojects that are located in and/or those that assist the National Capital Region and the notified counter magnet areas (CMAs). The sub-borrowers comprise local (sub-national) authorities/ governments, urban development authorities, statutory bodies set up by the state governments, the utility boards or corporations and special purpose vehicles sponsored by the above. The subprojects, among others, may include following subsectors: (i) Water supply (ii) Waste water treatment and drainage

(iii) Waste management (Municipal and Industrial) (iv) Urban transport, multimodal terminals and regional transport and connectivity (v) Slum development (vi) Other economic growth infrastructure like industrial estates, social infrastructure (vii) Capacity building and institutional development

7. This Annual ESMS Implementation Report 2014 provides implementation of ESMS in the year 2013.

B. NCRPB’s Environmental & Social Management System 8. In compliance with ADB Safeguard Policies and various prevalent, policies and Rules related to Environment, Rehabilitation & Wildlife, the Environmental and Social Management Systems (ESMS) has been developed and adopted by NCRPB in April 2010. The ESMS clarifies NCRPB's environmental and social policies; and safeguard screening, categorization, and review procedures. The ESMS document also sets out a plan to strengthen the environment and social organization structure and staffing; and sets our performance monitoring and reporting procedures. Under ADB’s environmental assessment requirements, Financial Intermediary (FI) loans are subject to the same rigor of assessment by ADB and the same expectations of environmental and social performance in design and implementation as regular investment projects. However, the nature of financial intermediary projects requires differing roles and responsibilities of the party or parties involved. The ultimate project sponsor (the company or individual carrying out a project financed) is responsible for the project environment assessment. This is consistent with ADB policy for regular investment projects and with environmental assessment regulations in most countries: the entity that wants to undertake a project must also carry out any required environmental and social assessment. The financial intermediaries must verify that subprojects in which they invest meet the environmental & social regulations or other requirements of the country, and are consistent with ADB’s safeguard policies.

9. Environmental Policy of NCRPB. “NCRPB will continually strive to ensure and enhance effective environmental management practices in all its operations” • Minimizing negative environmental (including health and safety) impacts in its operations and risks to the environment (particularly eco-sensitive areas and culturally important areas) and people who may be affected through formulating and implementing commensurate plans. • Ensuring that environmental safeguards—defined as requirements of applicable Indian environmental legislation and donors—are being adequately integrated by the project proponent/IA in the planning, design, construction prior to its financing and in its implementation during the operational phase. • Ensuring compliance to all applicable national and local environmental legislation. • Encouraging that public and stakeholder consultation to be carried out by the project proponent/IA and disclosing the required information in all stages of the project cycle. • Integrating environmental risk into its overall internal risk management analysis. • Including environmental management considerations in all aspects of operations and interactions with the project proponent/IAs in all stages of the project cycle. • This policy statement emphasizes NCRPB's sensitivity, concern and commitment to environmental safeguards.

10. ESMS defines policies, procedures, roles and responsibilities for managing adverse environmental and social impacts/risks due to projects that are financed by NCRPB, and is a part of the overall management system. ESMS meets national laws and donor (such as ADB) requirements for financial intermediary (FI) projects. The ESMS clarifies NCRPB's environmental and social policies; and safeguard screening, categorization, and review procedures. The ESMS document also sets out a plan to strengthen the environment and social organization structure and staffing; and sets our performance monitoring and reporting procedures. The ESMS has the following elements: (i) environmental and social policies, (ii) 2 screening, categorization, and review procedure, (iii) organizational structure and staffing including skills and competencies in environmental and social areas; (iv) training requirements, and (v) monitoring and reporting.

11. NCRPB Social Policy. NCRPB will continually strive to ensure that social safeguards are adhered to. NCRPB will work towards: • Avoiding or minimizing involuntary resettlement and impacts to indigenous peoples by exploring project and design alternatives. • In cases, where IR and impacts on IP are unavoidable, enhancing or, at least, restoring the livelihoods of all affected persons in real terms relative to pre-project levels. • Improving the standard of living of the displaced poor and other vulnerable groups. • Addressing through special efforts to reduce negative impacts on indigenous people; measures to ensure they receive culturally appropriate social and economic benefits, and also to ensure transparent mechanisms including consultations and active participation in projects that affect them. • Ensuring that affected persons benefit from the projects funded to the extent possible and they are consulted on the project at different stages of the project from its planning to implementation. • Integrating the RP and IPP with the overall preparation and implementation of the project and payment of compensation and other assistance before award of civil works.

12. Project Categorization. NCRPB will classify the project, based on the potential environmental impacts, land acquisition and resettlement issues, into environmental categories—E1, E2 and E3, and social categories —S1, S2 and S3 as shown in the following Tables. The categorization will define the nature and scope of due diligence assessment in compliance with the ESMS. These are also indicated in the following tables.

Table 1: Environmental Categorization EIA Environmental Scenario Category Requirement Significant impacts or in eco sensitive area If the project has significant adverse environmental impacts that are irreversible, diverse, or unprecedented, then it is regarded to be significant. These impacts may affect an area larger than the sites or facilities subject to physical works. In addition, all projects located in eco-sensitive areas will be considered significant. In the NCR Regional Plan, eco-sensitive areas include reserved/protected forests, forests other than reserved and E1 Full EIA protected forests, monuments (National, State, Local), heritage/cultural sites, scenic areas, national parks, sanctuaries, areas with endangered species—flora and fauna, biosphere reserves, wetlands, resorts/areas of tourist interest, water bodies, springs/water recharge areas, and other environmental resource areas. Examples of eco sensitive areas in NCR are the Sariska National Park and the Aravalli Range Limited impacts: Limited If the project has impacts that are site-specific, few if any of them E2 are irreversible, and in most cases mitigation measures can be EIA/IEE designed No impacts If the project is likely to have minimal or no adverse environmental E3 No EIA impacts, then it is regarded to have this environmental scenario EIA – Environmental Impact Assessment; IEE – Initial Environmental Examination; NCR – National Capital Region

Table 2: Social Categorization Impact NCRPB’s SIA IR and IP Scenario Significance Categorization Requirement Significant impacts ≥200 APs in if 200 or more people will experience Plain areas major impacts, which are defined as (i) ≥100 APs in S1 RP being physically displaced from housing tribal / hilly or (ii) losing 10% or more of their areas productive assets (income generating). Limited impacts <200 APs in if there are potential adverse major (as Plain Areas defined earlier) impacts that less than 200 <100 APs in S2 SRP people will experience or there are any tribal / hilly minor impacts. areas No Impacts No RP or SRP A proposed project is classified as No impacts S3 category S3 if it is likely to have no required impacts whatsoever. APs – Affected Persons; RP – Resettlement Plan; SRP – Short Resettlement Plan

13. Implementation Arrangements. Policy direction and strategic oversight for NCRPB's operation and the implementation of projects is provided by its Board of Directors. The oversight committee responsible for the projects is the Project Sanctioning and Monitoring Group (PSMG), headed by the Secretary, Ministry of Urban Development. The PSMG is responsible for approval and sanction of subprojects in compliance with the ESMS. Project Management Unit (PMU) of NCRPB is monitoring the screening and selection of qualified sub-projects, and oversee their implementation by sub-borrowers. Under the overall authority of the Member Secretary, the project management responsibility lies with the Director (Finance). The PMU headed by the Director manages, and coordinates all project activities. The PMU is supported by Project Management Consultants (PMC). The PMU staff consists of specialists with expertise in risk management and project advisory work, and safeguards, dedicated financial/accounting officer to monitor project accounts and processing claims. The following Table shows the PMU staff and current status.

Table 3: Additional Staff of PMU & Status S. No. Name of the Post Status Joined NCRPB on 02-07-2012 but resigned in 1 Joint Director (Technical) August, 2013. Currently, recruitment under Process. Assistant Director (Financial 2 Joined NCRPB on 24-08-2012 Management) 3 Assistant Director (Safeguard) Joined NCRPB on 27-08-2012 Deputy Director 4 Recruitment under process (Project Monitoring and MIS) Assistant Director 5 (Project Finance and Joined NCRPB on 01-02-2013 Procurement)

14. The PMU will ensure that all qualified subprojects are in compliance with the ESMS, applicable national and state policies relating to environment, resettlement, and indigenous peoples, and ADB's Safeguard Policy Statement, 2009. PMU will review and approve Environmental Assessment Reports, Resettlement Plans with assistance of Project 4

Management Consultants (PMC), oversee compliance with ESMS, loan covenants and subproject selection criteria. The roles & responsibilities of other sub-borrowers are indicated below: (i) Implementing Agency (IA). The sub-projects will be implemented by respective implementation units of the concerned departments of the participating states and/or sub borrowers located in the participating states. Sub borrowers include Haryana Public Works Department and Haryana State Road and Bridges Development Corporations (HSRDC), Haryana Public Health Engineering Department, Greater Noida Industrial Development Authority (GNIDA) and others. (ii) Design Consultants. IAs normally engage Design Consultants for preparing detailed designs, detailed estimates and bid documents. IA, with the assistance of Design Consultant or a separate safeguard consultant, conducts environmental and social assessment and also obtains the necessary government clearances/ approvals. IA (with the assistance of their Consultants) is responsible for: incorporation of mitigation measures in design and construction. (iii) Construction Contractors. IA will appoint a contractor to carry out the works as per the design. Contractor will be responsible for implementation of EMP measures during construction. The EMP forms part of the contract and the implementation is therefore binding on the Contractor. (ii) Supervision / Management Consultants. The implementing agency engages supervision/ management consultant to provide support in construction supervision, quality assurance and project management. The implementation of Environmental Management Plan is also conducted by the Supervision/Management Consultants.

C. NCRPB Project Portfolio in 2013 15. Since April 2010, i.e. after NCRPB established Environmental and Social Management System (ESMS) as part of its project cycle, a total of 29 projects were sanctioned till 2012. In the year 2013, two Project Sanctioning and Monitoring Group (PSMG) meetings were held1 and a total of 17 projects were sanctioned. The list of projects approved in 2013 is provided in Table below:-

Table 4 : Projects Sanctioned for NCRPB Loans in the year 2013 S. Sub- Project Implementing N Project Name Sector region/ cost Agency o CMA (INR mn) Alwar Water Supply 1 Water Supply Rajasthan PHED Alwar 1748.6 Upgradation Scheme Rajgarh Water Supply 2 Water Supply Rajasthan PHED Alwar 202.4 Upgradation Scheme Behror Water Supply 3 Water Supply Rajasthan PHED Alwar 260.2 Upgradation Scheme Tijara Water Supply 4 Water Supply Rajasthan PHED Alwar 164.6 Upgradation Scheme Bhiwadi Water Supply 5 Water Supply Rajasthan PHED Alwar 406.9 Scheme 15 Mld Sewage Treatment Uttar 6 Plant and Pumping Station At Sewerage GNIDA 211.7 Pradesh Ecotech-II, Greater Noida Uttar 7 20 Mld Sewage Treatment Sewerage GNIDA 281.5 Plant and Pumping Station At Pradesh

1 50th PSMG Meeting was held on 7th August 2013 and 51st PSMG meeting was held on 30th December 2013. 5

S. Sub- Project Implementing N Project Name Sector region/ cost Agency o CMA (INR mn) Ecotech-III, Greater Noida Raw Water Conveyance Main from Intake at Dehra (Ghaziabad) to WTP Site at Palla (Greater Noida) and Uttar 8 Clear Water Main from WTP Water Supply GNIDA 1831.9 Pradesh Site to Master Reservoir (Greater Noida) Under 85 Cusec Ganga Jal Project for Greater Noida Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld Water Treatment Plant At Uttar 9 Palla (Greater Noida) & Allied Water Supply GNIDA 1214.8 Pradesh Works Under 85 Cusec Ganga Jal Project For Greater Noida. Improvement of Sanghi To GLMB road (Km 0.00 to Roads PWD (B& R) 10 Haryana 359.7 11.78) in Rohtak/Sonipat Haryana District of Haryana State Construction of Road from NH PWD (B& R) 532.5 11 10 to Nh 71 (southern Roads Haryana Haryana Byepass) in Rohtak District Various road in Rewari Division (Panchgaon- Jakalpur-Pataudi road, Haily PWD (B& R), 12 Mandi to Pahlawas road, Roads Haryana 1044.8 Haryana Kosli Guryanio to Pahlawas NH-71 and Dahina Jatusana Road) Improvement/Construction of PWD (B& R), 895.0 13 Sonipat Byepass Phase II Roads Haryana from Sonipat Ganaur Road to Haryana Sonipat Gohana Road Four Laning of Jhajjar 14 PWD (B& R), Farukhnagar Gurgaon road in Roads Haryana 2908.4 Haryana Jhajjar/Gurgaon district Construction of Chhara PWD (B& R), 268.9 15 Roads Haryana byepass (southern side) Haryana Construction of PWD (B& R), 530.5 16 Chhuchhakwas byepass Roads Haryana Haryana (southern side) Construction of Multi-storied office building at Others 1016.5 17 Karkardooma Institutional (Institutional Delhi EDMC area at Shahdara South Zone building) by EDMC PHED - Public Health Engineering Department; UIT - Urban Improvement Trust, PWD (B& R) – Public Works Department (Bridge & Roads), GNIDA - Greater Noida Industrial Development Authority

16. From the above mentioned list, first 9 sub projects as given below were sanctioned under KFW line of credit and remaining 7 sub projects were sanctioned under NCRPB direct funding:-

Table 5 - Projects under KFW line of credit S.No. Projects sanctioned under KFW line of credit 1 Alwar Water Supply Upgradation Scheme 2 Rajgarh Water Supply Upgradation Scheme 3 Behror Water Supply Upgradation Scheme 4 Tijara Water Supply Upgradation Scheme 5 Bhiwadi Water Supply Scheme 6 15 Mld Sewage Treatment Plant and Pumping Station At Ecotech-II, Greater Noida 7 20 Mld Sewage Treatment Plant and Pumping Station At Ecotech-III, Greater Noida 8 Raw Water Conveyance Main from Intake at Dehra (Ghaziabad) to WTP Site at Palla (Greater Noida) and Clear Water Main from WTP Site to Master Reservoir (Greater Noida) Under 85 Cusec Ganga Jal Project for Greater Noida 9 Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld Water Treatment Plant At Palla (Greater Noida) & Allied Works Under 85 Cusec Ganga Jal Project For Greater Noida.

17. Thus PSMG sanctioned 17 sub projects in the year 2013 for loan for Rs 13878.9 million out of which7 sub project constituting 47% are in roads sector, followed by 7 subprojects constituting 42 % percent are in water supply sector, one subproject constituting 7% in Others (Institutional Building) and 4% in Sewerage (Figure 1).

Figure 1: Sector Share of NCRPB Loan Sanctioned Projects Year 2013 (in INR million)

D. Environmental & Social Due Diligence of Projects 18. ESMS Implementation Set-up & Project Cycle - Since its establishment in April 2010, the NCRPB has been implementing the Environmental & Social Management Systems in all its lending operations, and the environmental & social due diligence is integrated in to the project cycle – project appraisal, implementation monitoring and closure. The NCRPB has notified all the implementing agencies, governments of participating states, and all other concerned agencies about the Environmental and Social policy of the NCRPB and system, procedures in place to implement the ESMS (refer Attachment 1).

19. Project Management Unit (PMU) of NCRPB is responsible for monitoring the screening and selection of qualified sub-projects, and monitoring their day-to-day implementation by sub borrower. The PMU is responsible for ensuring that all qualified sub projects are in compliance with the ESMS, applicable national and state policies relating to environment, resettlement, and indigenous peoples, and ADB's Safeguard Policy Statement, 2009. Under the overall supervision of the Member Secretary, NCRPB, the responsibility of Environmental &Social Management Cell (ESMC) is with the Director (Administration and Finance). The Assistant Director (Safeguard) is part of the ESMC. The ESMS implementation set-up and is indicated in

Figure 2: ESMS Implementation Set-up

Figure 3 and Figure 4 show the process followed in safeguard due diligence at NCRPB.

Figure 3: Flow Chart for Project Cycle and Environmental Safeguards

Actions related to environmental safeguards

Advise the project proponent in general Project Proponent / on Environmental safeguard Applicant to NCRPB requirements (Annex VII. Form A)

Decide the environmental screening category, i.e. E1 or E2 or E3 Initial Project Concept

Advice on Environmental safeguard process No (incl. scoping) and documentation to be submitted to NCRPB (Annex I.H., Annex I.I & Assessment Annex I.N)

Receive the EA documentation along Yes with the Detailed Project Report

Detailed Project Report Review the EA documentation with the support of the Appraisal Agencies. Verify legal compliance. Decide on environmental No loan conditions, if any. Refer Annex I.L for typical loan conditions. For E1 projects, obtain Approval approval of ADB after their due-diligence

Yes Oversee EMP implementation and monitor progress / status. For E1 projects, submit reports as per ADB requirements. Provide training Project Implementation through capacity building consultants. (Annex I.J)

Confirm no deviation from environmental Project Construction safeguards. For E1 projects, provide Completion completion document as per ADB requirements.

Confirm no deviation from environmental safeguards. For E1 projects, provide Project Operational Phase completion document as per ADB requirements.

Figure 4: Flow Chart for Project Cycle and Social Safeguards

Actions related to Social safeguards

Project Proponent / Advise the project proponent in general on Applicant to NCRPB Social safeguard requirements

Initial Project Concept Decide the social screening category, i.e. S1 or S2 or S3

No Assessment Advise on Social safeguard process and documentation to be submitted to NCRPB

Yes Receive the RP/SRP and / or IPP/Summary Note on IP documentation along with the Detailed Project Report Detailed Project Report

No Review the safeguard documentation with the support of the Appraisal Agencies. Verify Approval compliance. Decide on social safeguard loan conditions, if any. For S1 projects, obtain approval of donor after their due-diligence.

Yes

Oversee RP/IPP implementation and monitor progress / status. For S1 projects, submit reports Project Implementation as per Donor requirements. Provide training through capacity building consultants.

Project Construction Confirm no deviation from social safeguards. For Completion S1 projects, provide completion document as per donor requirements.

Confirm no deviation from social safeguards. For Project Operational S1 projects, provide completion document as per Phase donor requirements.

Screening & Classification of Sub-projects - As a normal practice, Implementing Agencies or borrowers approach the NCRPB after detailed design of the project is completed and submit the Detailed Project Report (DPR) for appraisal and loan sanction. Under the new system, all the agencies that are approached for loans were requested to submit the project categorization checklist along with support documents. NCRPB ESMC classifies the project as E1/E2/E3 and S1/S2/S2 and provided guidance to the respective implementing agencies about the environmental and social safeguard requirements and the mandatory government clearances. The ADB funded projects require the IA to submit Initial Environmental Examination Report (IEE) and Resettlement Plan (RP) along with Bid Documents for review by ADB. The following Table shows the environmental & social category of the projects sanctioned for NCRPB loan in 2013.

Table 6: Project Categorization of NCRPB projects Projects in 2013 S. Environmental Social Project Name Project Components No Category Category Up gradation of Water Supply, involving mainly the establishment & augmentation of following Alwar Water Supply 1. components: E2 S3 Up-gradation Scheme • Clear Water Reservoirs • Centrifugal Pump sets • Elevated Service Reservoirs Up gradation of Water Supply, involving mainly the establishment & augmentation of following Rajgarh Water Supply components: 2. E2 S3 Up-gradation Scheme • Elevated Service Reservoirs • Clear Water Reservoirs • Pump house • Sumps Up gradation of Water Supply, involving mainly the establishment & augmentation of following Behror Water Supply components: 3. E2 S3 Up-gradation Scheme • Elevated Service Reservoirs • Clear Water Reservoirs • Pump house • Sumps Up gradation of Water Supply, involving mainly the establishment & Tijara Water Supply 4. augmentation of following E2 S3 Upgradation Scheme components: • Elevated Service Reservoirs

Projects in 2013 S. Environmental Social Project Name Project Components No Category Category • Clear Water Reservoirs • Pump house • Sumps Up gradation of Water Supply, involving mainly the establishment & augmentation of following Bhiwadi Water Supply 5. components: E2 S3 Scheme • Clear Water Reservoirs • Centrifugal Pump sets • Elevated Service Reservoirs The project components are: • Main sewage pumping station (MPS) with receiving chamber, coarse screen chamber, raw sewage sump, pump house etc. • Sewage Submersible Pumping sets of duty 625 cum/hr against 25 m head with 2 working +1 standby 15 Mld Sewage unit and 313 cum/hr Treatment Plant and against 25 m head with 6. Pumping Station At E2 S3 1W + 1S unit. Ecotech-II, Greater Noida • Rising Main from MPS to STP. • 15 MLD Sewage Treatment Plant on SBR Technology comprising of inlet chamber, Fine screen chamber, grit chamber, SBR basins, chlorination unit, sludge sump & pump sets, centrifuge, air blower, HT substation, generator etc. The Project Components proposed are: • Main sewage pumping 20 Mld Sewage station (MPS) with Treatment Plant and receiving chamber, coarse 7. Pumping Station At screen chamber, raw E2 S3 Ecotech-III, Greater sewage sump, pump Noida house etc. • Sewage Submersible Pumping sets of duty 834 cum/hr against 25 m head with 2 working +1 standby

Projects in 2013 S. Environmental Social Project Name Project Components No Category Category unit and 417 cum/hr against 25 m head with 1W + 1S unit. • Rising Main from MPS to STP. • 20 MLD Sewage Treatment Plant on SBR Technology comprising of inlet chamber, Fine screen chamber, grit chamber, SBR basins, chlorination unit, sludge sump & pump sets, centrifuge, air blower, HT substation, generator etc. The project consists mainly of the following components: • Construction of conveyance main from canal intake. • Construction of pre sedimentation basins. Raw Water • Construction of Raw water Conveyance Main from pump house Intake at Dehra • Provision of Raw water (Ghaziabad) to WTP conveyance main Site at Palla (Greater • Water Treatment plant. Noida) and Clear • Construction of clear 8. Water Main from WTP water reservoir E2 S3 Site to Master • Construction of clear Reservoir (Greater water pump house. Noida) Under 85 Cusec Ganga Jal • Provision of treated water Project for Greater conveyance main. Noida • Provision of site development activities such as construction of staff quarters, roads and compound wall, landscaping and constructing the testing laboratory for water treatment plant. Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld • Intake Works Water Treatment Plant 9. Water Treatment Plant & E2 S3 At Palla (Greater • Clear Water Works Noida) & Allied Works Under 85 Cusec Ganga Jal Project For

Projects in 2013 S. Environmental Social Project Name Project Components No Category Category Greater Noida. Improvement of Sanghi To GLMB road 10. (Km 0.00 to 11.78) in • Road widening E2 S2 Rohtak/Sonipat District of Haryana State Construction of Road from NH 10 to Nh 71 11. • Road widening E2 S2 (southern Byepass) in Rohtak District Various road in Rewari Division (Dahina to Jatusana Road, Haily 12. • Road widening E2 S2 Mandi to Pahlawas road, Kosli Guryanio to Pahlawas NH-71) Improvement/Construc tion of Sonipat Byepass Phase II from 13. • Road Widening E2 S2 Sonipat Ganaur Road to Sonipat Gohana Road Four Laning of Jhajjar Farukhnagar Gurgaon 14. • Road widening E1 S2 road in Jhajjar/Gurgaon district Construction of Chhara 15. byepass (southern • New road construction E2 S2 side) Construction of Chhuchhakwas 16. • New road construction E2 S2 byepass (southern side) Construction of Multi- storied office building • Institutional Building at Karkardooma 17. housing various E2 S3 Institutional area at administrative facilities. Shahdara South Zone by EDMC

Out of 17 projects categorized on the basis of project checklists, only one project (i.e. Four Laning of Jhajjar Farukhnagar Gurgaon road in Jhajjar/Gurgaon district) was categorized as E1 project. The rest 16 projects are categorized as E2 for Environment. Regarding social categorization, 10 projects have been categorized as S3 and 7 projects as S2.

18. Regulatory Compliance - NCRPB ESMS requires that the IA should comply with all the applicable government environmental & social regulations, obtain clearances, consents, no objection certificates (NOCs) etc. as the case may be. An indicative list of environmental & social legislations is annexed at Attachment 2. Along with the project categorization form, NCRPB ESMC also provides general guidance on the clearances required for respective

14 projects. The Table below indicates the clearances required for the projects sanctioned for loans during this period.

Table 7: Status of Mandatory Approvals & Clearances Projects in 2013 Relevant S. No Project Name Current status Clearances/Approvals A: Under KFW Line of Credit • The project is in initial stage and it is yet to be identified whether there is • Forest Clearance as per any requirement of tree provisions of Forest cutting/diversion of forest Alwar Water Supply Conservation Act (1980) and land. The DPR has not 1 Up gradation Forest Conservation Rules envisaged any loss of Scheme (2003) from State Forest trees due to project; Department for conversion however, the EMP has and tree cutting. kept the provision of the same, at project implementation stage. • Forest Clearance as per provisions of Forest Rajgarh Water Conservation Act (1980) and 2 Supply Up gradation Forest Conservation Rules As above Scheme (2003) from State Forest Department for conversion and tree cutting. • Forest Clearance as per provisions of Forest Behror Water Supply Conservation Act (1980) and 3 Up gradation Forest Conservation Rules As above Scheme (2003) from State Forest Department for conversion and tree cutting. • Forest Clearance as per provisions of Forest Tijara Water Supply Conservation Act (1980) and 4 Up gradation Forest Conservation Rules As above Scheme (2003) from State Forest Department for conversion and tree cutting. • Forest Clearance as per provisions of Forest Conservation Act (1980) and Bhiwadi Water 5 Forest Conservation Rules As above Supply Scheme (2003) from State Forest Department for conversion and tree cutting. 15 Mld Sewage • Consent to Establish and Treatment Plant and Consent to Operate from • Consents under Water 6 Pumping Station At UPSPCB under Water Act are in process. Ecotech-II, Greater (Prevention & Control of Noida Pollution) Act, 1974. 7 20 Mld Sewage • Consent to Establish and • Consents under Water 15

Projects in 2013 Treatment Plant and Consent to Operate from Act are in process. Pumping Station At UPSPCB under Water Ecotech-III, Greater (Prevention & Control of Noida Pollution) Act, 1974. Raw Water Conveyance Main from Intake at Dehra (Ghaziabad) to WTP Site at Palla (Greater Noida) and Clear No Mandatory Approvals 8 Water Main from Required WTP Site to Master Reservoir (Greater Noida) Under 85 Cusec Ganga Jal Project for Greater Noida Primary Treatment Works at Dehra • Land acquisition to be carried (Ghaziabad) & 210 out under new Act (Right to • 2.17 hectares of land are Mld Water Treatment Fair Compensation and being acquired by means Plant At Palla Transparency in Land of mutual negotiation and 9 (Greater Noida) & Acquisition, Rehabilitation direct purchase from Allied Works Under and Resettlement Act, 2013) approx. 16 landowners. 85 Cusec Ganga Jal and R&R Policy of Uttar The process is ongoing. Project For Greater Pradesh Government. Noida. B Under NCRPB Direct Funding • Forest Clearance as per • Presently, tree counting is provisions of Forest being carried out and Conservation Act (1980) and consequently, application Forest Conservation Rules will be submitted to State (2003) from State Forest Forest Department for Department for conversion permission of tree cutting and tree cutting. and conversion of forest • Consent to Establish and land for use for widening Operate from HSPCB Air of road. (Prevention & Control of Improvement of • Consents under process Pollution) Act, 1981, for Sanghi To GLMB and responsibility lies with establishment of crushers/hot road (Km 0.00 to Contractor before start of mix/batching plants/DG Sets. 10 11.78) in work. Rohtak/Sonipat • Land acquisition to be carried • PWD (B&R) is seeking District of Haryana out under new Act (Right to legal opinion from the Law State Fair Compensation and Department, Govt. of Transparency in Land Haryana regarding the Acquisition, Rehabilitation implications of new Act and Resettlement Act, 2013) (Right to Fair and R&R Policy of Haryana Compensation and Government. Compensation Transparency in Land for the said land acquisition to Acquisition, Rehabilitation be paid before land is handed and Resettlement Act, over to Contractor. 2013) for notifications • In case of acquisition of other already published under assets (structures/trees/wells, the LA Act, 1894 before

Projects in 2013 etc.) and livelihood, the enactment of the new compensation needs to be Act i.e., 1 January 2014. paid before start of civil works At the time of award of as per ESMS policy compensation to the APs, framework. the compensation shall be paid as per applicable law. • Forest Clearance as per provisions of Forest Conservation Act (1980) and Forest Conservation Rules (2003) from State Forest Department for conversion and tree cutting. • Consent to Establish and Operate from HSPCB Air (Prevention & Control of Pollution) Act, 1981, for establishment of crushers/hot mix/batching plants/DG Sets. Construction of Road • Land acquisition to be carried from NH 10 to NH 71 out under new Act (Right to 11 As above (southern Byepass) Fair Compensation and in Rohtak District Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) and R&R Policy of Haryana Government. Compensation for the said land acquisition to be paid before land is handed over to Contractor. • In case of acquisition of other assets (structures/trees/wells, etc.) and livelihood, compensation needs to be paid before start of civil works as per ESMS policy framework. • Forest Clearance as per • The IA has submitted provisions of Forest application for tree cutting Conservation Act (1980) and and conversion of forest Forest Conservation Rules land to Forest Department (2003) from State Forest (Rewari Division). Various road in Department for conversion • Consents under process Rewari Division and tree cutting. and responsibility lies with (Dahina to Jatusana • Consent to Establish and Contractor before start of 12 Road, Haily Mandi to Operate from HSPCB Air work. Pahlawas road, Kosli (Prevention & Control of • PWD (B&R) is seeking Guryanio to Pollution) Act, 1981, for legal opinion from the Law Pahlawas NH-71) establishment of crushers/hot Department, Govt. of mix/batching plants/DG Sets. Haryana regarding the • Land acquisition to be carried implications of new Act out under new Act (Right to (Right to Fair Fair Compensation and Compensation and Transparency in Land Transparency in Land

Projects in 2013 Acquisition, Rehabilitation Acquisition, Rehabilitation and Resettlement Act, 2013) and Resettlement Act, and R&R Policy of Haryana 2013) for notifications Government. Compensation already published under for the said land acquisition to the LA Act, 1894 before be paid before land is handed the enactment of the new over to Contractor. Act i.e., 1 January 2014. • In case of acquisition of other At the time of award of assets (structures/trees/wells, compensation to the APs, etc.) and livelihood, the compensation shall be compensation needs to be paid as per applicable law paid before start of civil works as per ESMS policy framework. • Forest Clearance as per provisions of Forest Conservation Act (1980) and • The IA has submitted Forest Conservation Rules application for tree cutting (2003) from State Forest and conversion of forest Department for conversion land to Forest Department and tree cutting. (Sonepat Division). • Consent to Establish and • Consents under process Operate from HSPCB Air and responsibility lies with (Prevention & Control of Contractor before start of Pollution) Act, 1981, for work. establishment of crushers/hot • PWD (B&R) is seeking Improvement/Constru mix/batching plants/DG Sets. legal opinion from the Law ction of • Land acquisition to be carried Department, Govt. of Sonipat Byepass out under new Act (Right to Haryana regarding the 13 Phase II from Sonipat Fair Compensation and implications of new Act Ganaur Road to Transparency in Land (Right to Fair Sonipat Gohana Acquisition, Rehabilitation Compensation and Road and Resettlement Act, 2013) Transparency in Land and R&R Policy of Haryana Acquisition, Rehabilitation Government. Compensation and Resettlement Act, for the said land acquisition to 2013) for notifications be paid before land is handed already published under over to Contractor. the LA Act, 1894 before the enactment of the new • In case of acquisition of other Act i.e., 1 January 2014. assets (structures/trees/wells, At the time of award of etc.) and livelihood, compensation to the APs, compensation needs to be the compensation shall be paid before start of civil works paid as per applicable law. as per ESMS policy framework. • Forest Clearance as per • Tree counting has been provisions of Forest carried out and IA is in Four Laning of Conservation Act (1980) and process of submitting 14 Jhajjar Farukhnagar Forest Conservation Rules application to State Forest Gurgaon road in (2003) from State Forest Department for permission Jhajjar/Gurgaon Department for conversion of tree cutting and district and tree cutting. conversion of forest land. • Consent to Establish and • Consents under process Operate from HSPCB Air and responsibility lies with

Projects in 2013 (Prevention & Control of Contractor before start of Pollution) Act, 1981, for work. establishment of crushers/hot • PWD (B&R) is seeking mix/batching plants/DG Sets. legal opinion from the Law • Land acquisition to be carried Department, Govt. of out under new Act (Right to Haryana regarding the Fair Compensation and implications of new Act Transparency in Land (Right to Fair Acquisition, Rehabilitation Compensation and and Resettlement Act, 2013) Transparency in Land and R&R Policy of Haryana Acquisition, Rehabilitation Government. Compensation and Resettlement Act, for the said land acquisition to 2013) for notifications be paid before land is handed already published under over to Contractor. the LA Act, 1894 before • In case of acquisition of other the enactment of the new assets (structures/trees/wells, Act i.e., 1 January 2014. etc.) and livelihood, At the time of award of compensation needs to be compensation to the APs, paid before start of civil works the compensation shall be as per ESMS policy paid as per applicable law. framework. • Forest Clearance as per provisions of Forest Conservation Act (1980) and • The IA has submitted Forest Conservation Rules application for tree cutting (2003) from State Forest and conversion of forest Department for conversion land to Forest Department and tree cutting. (Jhajjar Division). • Consent to Establish and • Consents under process Operate from HSPCB Air and responsibility lies with (Prevention & Control of Contractor before start of Pollution) Act, 1981, for work. establishment of crushers/hot • PWD (B&R) is seeking mix/batching plants/DG Sets. legal opinion from the Law • Land acquisition to be carried Department, Govt. of Construction of out under new Act (Right to Haryana regarding the 15 Chhara byepass Fair Compensation and implications of new Act (southern side) Transparency in Land (Right to Fair Acquisition, Rehabilitation Compensation and and Resettlement Act, 2013) Transparency in Land and R&R Policy of Haryana Acquisition, Rehabilitation Government. Compensation and Resettlement Act, for the said land acquisition to 2013) for notifications be paid before land is handed already published under over to Contractor. the LA Act, 1894 before the enactment of the new • In case of acquisition of other Act i.e., 1 January 2014. assets (structures/trees/wells, At the time of award of etc.) and livelihood, compensation to the APs, compensation needs to be the compensation shall be paid before start of civil works paid as per applicable law. as per ESMS policy framework. 16 Construction of • Forest Clearance as per • The IA has submitted

Projects in 2013 Chhuchhakwas provisions of Forest application for tree cutting byepass (southern Conservation Act (1980) and and conversion of forest side) Forest Conservation Rules land to Forest Department (2003) from State Forest (Jhajjar Division). Department for conversion • Consents under process and tree cutting. and responsibility lies with • Consent to Establish and Contractor before start of Operate from HSPCB for Air work. (Prevention & Control of • PWD (B&R) is seeking Pollution) Act, 1981, for legal opinion from the Law establishment of crushers/hot Department, Govt. of mix/batching plants. Haryana regarding the • Land acquisition to be carried implications of new Act out under new Act (Right to (Right to Fair Fair Compensation and Compensation and Transparency in Land Transparency in Land Acquisition, Rehabilitation Acquisition, Rehabilitation and Resettlement Act, 2013) and Resettlement Act, and R&R Policy of Haryana 2013) for notifications Government. Compensation already published under for the said land acquisition to the LA Act, 1894 before be paid before land is handed the enactment of the new over to Contractor. Act i.e., 1 January 2014. • In case of acquisition of other At the time of award of assets (structures/trees/wells, compensation to the APs, etc.) and livelihood, the compensation shall be compensation needs to be paid as per applicable law. paid before start of civil works as per ESMS policy framework. • Forest Clearance as per provisions of Forest • Tree counting has been Conservation Act (1980) and carried out and IA is in Forest Conservation Rules process of submitting Construction of Multi- (2003) from State Forest application to State Forest storied office building Department for conversion Department for permission at Karkardooma 17 and tree cutting. of tree cutting and Institutional area at conversion of forest land. Shahdara South • Consent to Establish and Zone by EDMC Operate from DPCC under • Consents under process Air (Prevention & Control of and responsibility lies with Pollution) Act, 1981, for Contractor before start of establishment of hot work. mix/batching plants.

The copies of applications for tree cutting by IAs for respective projects are attached in Annexure 3 of the Report.

19. Preparation & Approval of Due Diligence Reports - Based on the project category, Implementing Agency (IA) conducts the IEE/EIA study and/or prepares full Resettlement Plan/Short Resettlement Plan and submits Reports to NCRPB. These studies and reports are prepared as per the NCRPB ESMS, complying with the public consultation and disclosure procedures. IA engages consultants (part of design consultancy or an exclusive safeguard consultant) for these activities. Due to lack of in-house capacity, project proponents/IAs normally appoint consultants to assist in preparing Detailed Project Reports. Some

20 organizations, especially State Line Departments like Public Health Engineering Department (PHED), also undertake these works in-house without or with limited assistance of consultants. IAs have been informed of NCRPB’s safeguard requirements, so that they take the necessary action during the design phase. The IEE and SRP reports submitted by the IAs are reviewed and approved by NCRPB. The Tables below show the status of environmental due diligences reports preparation and approval.

Table 8: Status of Environmental Due Diligence Reports Projects in 2013 IEE Report S. Project Name Submitted Reviewed Approved Remarks No to NCRPB Alwar Water Supply Upgradation 1 Yes Yes Yes - Scheme* Rajgarh Water Supply 2 Yes Yes Yes - Upgradation Scheme* Behror Water Supply Upgradation 3 Yes Yes Yes - Scheme* Tijara Water Supply Upgradation 4 Yes Yes Yes - Scheme* 5 Bhiwadi Water Supply Scheme* Yes Yes Yes - 15 Mld Sewage Treatment Plant 6 and Pumping Station At Ecotech- Yes Yes Yes - II, Greater Noida* 20 Mld Sewage Treatment Plant 7 and Pumping Station At Ecotech- Yes Yes Yes - III, Greater Noida* Raw Water Conveyance Main from Intake at Dehra (Ghaziabad) to WTP Site at Palla (Greater Noida) and Clear Water Main from 8 Yes Yes Yes - WTP Site to Master Reservoir (Greater Noida) Under 85 Cusec Ganga Jal Project for Greater Noida* Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld Water Treatment Plant At Palla 9 Yes Yes Yes - (Greater Noida) & Allied Works Under 85 Cusec Ganga Jal Project For Greater Noida.* NCRPB’s Improvement of Sanghi To GLMB comments road (Km 0.00 to 11.78) in 10 Yes Yes No are being Rohtak/Sonipat District of incorporated Haryana State by IA Construction of Road from NH 10 11 to NH 71 (southern Byepass) in Yes Yes No As above Rohtak District Various road in Rewari Division 12 (Dahina to Jatusana Road, Haily Yes Yes No As above Mandi to Pahlawas road, Kosli

Projects in 2013 Guryanio to Pahlawas NH-71) Improvement/Construction of 13 Sonipat Byepass Phase II from Yes Yes No As above Sonipat Ganaur Road to Sonipat Gohana Road

14 Four Laning of Jhajjar Farukhnagar Gurgaon road in Yes Yes No As above Jhajjar/Gurgaon district Construction of Chhara byepass 15 Yes Yes No As above (southern side) Construction of Chhuchhakwas 16 Yes Yes No As above byepass (southern side) Construction of Multi-storied office building at Karkardooma 17 Yes Yes No As above Institutional area at Shahdara South Zone by EDMC * environmental and social due diligence was by KfW appointed Consultants

Table 9: Status of Social Due Diligence Reports Projects in 2013 SRP S. Project Name Submitted to Reviewed Approved Remarks No NCRPB Alwar Water Supply NA as S3 1 - - - Upgradation Scheme* project Rajgarh Water Supply NA as S3 2 - - - Upgradation Scheme* project Behror Water Supply NA as S3 3 - - - Upgradation Scheme* project Tijara Water Supply NA as S3 4 - - - Upgradation Scheme* project NA as S3 5 Bhiwadi Water Supply Scheme - - - project 15 Mld Sewage Treatment NA as S3 6 Plant and Pumping Station At - - - project Ecotech-II, Greater Noida* 20 Mld Sewage Treatment NA as S3 7 Plant and Pumping Station At - - - project Ecotech-III, Greater Noida* Land Raw Water Conveyance Main Acquisition from Intake at Dehra through direct (Ghaziabad) to WTP Site at purchase is in Palla (Greater Noida) and process and 8 Clear Water Main from WTP SRP will be - - - Site to Master Reservoir submitted after (Greater Noida) Under 85 the LA process Cusec Ganga Jal Project for has been Greater Noida* completed. IA has provided list of 22

Projects in 2013 landholders to NCRPB. Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld Water Treatment Plant At Palla NA as S3 9 - - - (Greater Noida) & Allied Works project Under 85 Cusec Ganga Jal Project For Greater Noida.* Comments Improvement of Sanghi To from NCRPB GLMB road (Km 0.00 to 11.78) 10 Yes Yes No are being in Rohtak/Sonipat District of incorporated Haryana State by IA Construction of Road from NH 11 10 to Nh 71 (southern Yes Yes No As above Byepass) in Rohtak District Various road in Rewari Division (Dahina to Jatusana Road, 12 Haily Mandi to Pahlawas road, Yes Yes No As above Kosli Guryanio to Pahlawas NH-71) Improvement/Construction of 13 Sonipat Byepass Phase II from Yes Yes No As above Sonipat Ganaur Road to Sonipat Gohana Road

14 Four Laning of Jhajjar Farukhnagar Gurgaon road in Yes Yes No As above Jhajjar/Gurgaon district Construction of Chhara 15 Yes Yes No As above byepass (southern side) Construction of Chhuchhakwas 16 Yes Yes No As above byepass (southern side) Construction of Multi-storied office building at Karkardooma NA as S3 17 - - - Institutional area at Shahdara project South Zone by EDMC * environmental and social due diligence was by KfW appointed Consultants

20. Execution Status-Physical work has not started on any of these 17 works. The first nine works are under KFW line of credit and their bid documents require review by NCRPB and approval of KfW. IAs are preparing the bid documents. All other 8 works are under direct NCRPB funding. S. Implementation Project Name No Status Bid document 1 Alwar Water Supply Upgradation Scheme* under preparation 2 Rajgarh Water Supply Upgradation Scheme* As above 3 Behror Water Supply Upgradation Scheme* As above 4 Tijara Water Supply Upgradation Scheme* As above 5 Bhiwadi Water Supply Scheme As above 15 Mld Sewage Treatment Plant and Pumping Station At Ecotech-II, 6 As above Greater Noida* 20 Mld Sewage Treatment Plant and Pumping Station At Ecotech-III, 7 As above Greater Noida* Raw Water Conveyance Main from Intake at Dehra (Ghaziabad) to WTP Site at Palla (Greater Noida) and Clear Water Main from WTP 8 As above Site to Master Reservoir (Greater Noida) Under 85 Cusec Ganga Jal Project for Greater Noida* Primary Treatment Works at Dehra (Ghaziabad) & 210 Mld Water 9 Treatment Plant At Palla (Greater Noida) & Allied Works Under 85 As above Cusec Ganga Jal Project For Greater Noida.* Improvement of Sanghi To GLMB road (Km 0.00 to 11.78) in 10 Under bidding Rohtak/Sonipat District of Haryana State Construction of Road from NH 10 to Nh 71 (southern Byepass) in 11 As above Rohtak District Various road in Rewari Division (Dahina to Jatusana Road, Haily 12 As above Mandi to Pahlawas road, Kosli Guryanio to Pahlawas NH-71) Improvement/Construction of 13 Sonipat Byepass Phase II from Sonipat Ganaur Road to Sonipat As above Gohana Road Four Laning of Jhajjar Farukhnagar Gurgaon road in Jhajjar/Gurgaon 14 As above district 15 Construction of Chhara byepass (southern side) As above 16 Construction of Chhuchhakwas byepass (southern side) As above Construction of Multi-storied office building at Karkardooma 17 Institutional area at Shahdara South Zone by EDMC

21. Implementation of Mitigation & Compensatory Measures - The EIA/IEE (containing Environmental Management Plan) and RP/SRP are included in the bid/contract documents, so that the implementation of EMP in construction is binding on the Contractor. It will be the responsibility of sub borrower/implementing agency to implement all the compensatory, resettlement and rehabilitation measures as set out in the Resettlement Plans.

22. Implementation Monitoring - Respective jurisdictional engineers of IA supervise construction work on-site. The IAs with limited staff engage supervision and/or project management consultants to assist in supervising the construction process, provide project

24 management support and assure the technical quality of construction. IAs, through its supervision/management consultants monitor the implementation of EMP by the contractor during the construction and submit monthly report to the NCRPB. IAs also submit the monthly progress reports on implementation of compensation and rehabilitation measures. NCRPB oversees the implementation, through reports review, periodic site visits etc. For the three road sector subprojects under various stages of completion, the implementing agency HSRDC, has appointed Project Management Consultants to supervise the construction. The EMP and SRP implementation measures are being reported to NCRPB through monthly reports. The implementation monitoring issues are discussed in detail in EMR and SMR Reports being submitted to ADB.

E. ESMS Review & Update 23. As per the procedures, the ESMS has to be updated to reflect the current legal/mandatory requirements or any changes in the policies. Also external auditor has to review implementation of ESMS annually. Accordingly NCRPB is initiating necessary action to hire external auditor. It is expected that the external auditor will be in place by June 2014.

F. Summary & Conclusions 24. The implementation status of ESMS in projects, for the year 2013 has been reported in this document. The NCRPB has integrated the ESMS into project cycle – in all aspects such as review, appraisal, loan disbursal and monitoring. As seen in the previous sections, ESMS procedures have been applied to all the projects approached for NCRPB loan after its establishment and operationalization. The loan agreements between the NCRPB and borrowers now invariably include the condition that it is the responsibility of Implementing Agency to comply with the NCRPB ESMS in the project implementation.

25. NCRPB organized a full day training workshop for PWD (B&R) Haryana/HSRDC on ESMS requirements and procedures on 23rd December, 2013.

26. The projects sanctioned for loans in NCRPB are mostly typical urban projects such as water supply, road, storm water, sewerage sector, etc.. A total of 17 projects were sanctioned in the financial year 2013-14, out of which one project has been classified as E1 and rest as E2 for Environment category. Under social categorization 10 projects have been classified as S3 and remaining 7 projects have been classified as social category S2.

27. At present, there are three road projects in Haryana State, which have been completed (implemented by HSRDC). The completion certificates of the projects are attached in Annexure 4.

28. NCRPB has noted following important points during on ESMS implementation: (i) For proper implementation of ESMS policy, regular capacity building exercise for IAs before project implementation needs to be taken up. Further, for proper implementation of EMP during construction, the capacity of the contractors and implementing agencies need to be enhanced appropriately. Depending on the type and necessity, Contractor should have dedicated Environmental Health & Safety staff. Similarly, the Supervision/Project Management Consultant Team of IAs should also include appropriate EHS experts for monitoring of EMP implementation. (ii) Non-ADB/KFW projects (funded entirely by NCRPB) require more monitoring for ESMS compliance; this has been taken up by ESMC in focused manner.

29. NCRPB will continue to focus on creating awareness among the IAs about the benefits of ESMS in developing projects to be socially acceptable, environmentally benign and sustainable in a long run.

Attachment 1: NCRPB Circular to IAs on ESMS Implementation & Compliance

Attachment 2: Applicable Environmental & Social Legislations

The following are the Acts, Rules, Policies, and Regulations currently in force in India that deal with environmental issues that are applicable to infrastructure development projects:

1. Environmental  National Environment Policy, 2006  Laws on Environmental Assessment  Water (Prevention and Control of Pollution) Act, 1974, amended 1988, and Rules  Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 and Rules  Air (Prevention and Control of Pollution) Act 1981, amended 1987, and Rules  Environment (Protection) Act, 1986, amended in 1991 and the following Rules/Notification  Environment (Protection) Rules, 1986  Environmental Standards of Central Pollution Control Board (CPCB)  Environment (Siting for Industrial Projects) Rules, 1999  Environmental Audit Notification, 1992  Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, amended 2000  Manufacture, Use, Import, Export and Storage of Hazardous Micro- Organisms and Genetically Engineered Organism or Cell Rules, 1989  Municipal Solid Wastes (Management and Handling) Rules, 2000  Hazardous Wastes (Management and Handling) Rules, 1989, amended 2003  Bio-Medical Waste (Management and Handling) Rules, 1998, amended in 2003  Noise Pollution (Regulation and Control) Rules, 2000, amended in 2002  Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996  Batteries (Management and Handling) Rules, 2001  Notification on Eco-sensitive Zones: Sultanpur National Park Eco sensitive Zone and Aravalli Range Notification, 1992  Public Liability Insurance Act, 1991  Wild Life (Protection) Amendment Act, 2002  Wildlife (Protection) Act, 1972, amended 1993 and Rules  Forest Act, 1927  Forest (Conservation) Act, 1980, amended 1988 and the following Rules / Guidelines  Forest (Conservation) Rules, 1981 amended 1992 and 2003  Guidelines for Diversion of Forest Lands for Non-Forest Purpose  Ancient Monuments and Archaeological Sites and Remains Act 1958 and Rules

2. Social

 National Rehabilitation and Resettlement Policy (NRRP)  Land Acquisition (LA) Act 1894  Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989  Provisions of the Panchayat (Extension to Scheduled Areas) Act (PESA), 1996  The Constitution (Eighty-Ninth Amendment) Act, 2003  The Schedule Tribe and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Attachment 3: Applications for tree cutting and diversion on forest land by IAs for projects

Improvement/Construction of Sonipat Byepass Phase II from Sonipat Ganaur Road to Sonipat Gohana Road

Various road in Rewari Division (Dahina to Jatusana, Haily Mandi to Pahlawas road, Kosli Guryanio to Pahlawas NH-71)

Construction of Chhuchhakwas byepass (southern side)

Construction of Chhara byepass (southern side)