Land Acquisition and Resettlement Due Diligence Report Document stage: Draft for consultation Project number: 42486-018 November 2019 INDIA: Madhya Pradesh Urban Services Improvement Project – Additional Financing: Subproject Group Water Supply Scheme towns (i) Satai and (ii) Bijawar under District Chhatarpur and (iii) Khargapur and (iv) Jatara under District Tikamgarh Package No: MPUSIP-6J Prepared by Urban Development and Housing Department, Bhopal (Madhya Pradesh) for the Asian Development Bank. CURRENCY EQUIVALENTS (As of 5 June 2018) Currency unit - Indian Rupee (₹) ₹1.00 = $0.015 $1.00 = ₹67.15 ABBREVIATIONS ADB - Asian Development Bank BPL - below poverty line CPP - Consultation and Participation Plan CBO - community based organization CWFM - Clear water feeder main DBO - design-build-operate DLI - disbursement-linked indicators DSC - design and supervision consultant GOI - Government of India GOMP - Government of Madhya Pradesh GRC - Grievance Redressal Committee GRM - Grievance Redress Mechanism MPUDC - Madhya Pradesh Urban Development Company OHT - overhead tank PBC - performance-based contract PDA - project design advance PIU - project implementation unit PMC - project monitoring consultant PMU - project management unit PWD - Public Works Department RFCTLARR - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ROW - right of way RWA - Resident Welfare Association RWRM - Raw Water Rising Main SIA - social impact assessment SPS - Safeguard Policy Statement UDHD - Urban Development and Housing Department ULBs - urban local bodies WRD - Water Resource Department WTP - water treatment plant WEIGHTS AND MEASURES Ha - Hectare KL - Kiloliter Km - Kilo meter LPCD - Litre per capita day MLD - Million litre per day M - Meter mm - Millimeter NOTE In this report, "$" refers to United States dollars. This draft land acquisition and resettlement due diligence 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. Your attention is directed to the “terms of the use” section on ADB’s website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a 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. CONTENTS I. INTRODUCTION 1 A. Background 1 B. Project Description 1 C. Scope of this Report 2 II. POLICY FRAMEWORK, AND ENTITLEMENTS 3 III. SUBPROJECT DESCRIPTION 3 A. Description about Subproject Towns 3 B. Existing Water Supply 4 C. Proposed Water Supply 6 IV. FIELD WORK AND PUBLIC CONSULTATION 11 A. Outline of Fieldwork 11 B. Field work Report 11 C. Public Consultation 11 V. LAND AVAILABILITY AND INVOLUNTARY RESETTLEMENT IMPACTS 12 VI. BUDGET 19 VII. CONCLUSIONS 21 A. Summary and Conclusions 21 B. Compliance with Involuntary Resettlement DDR Requirements 21 TABLES Table 1: Details about Existing WSS town Satai 4 Table 3: Details about Existing WSS town Bijawar 5 Table 4: Details about Existing WSS town Khargapur 5 Table 5: Details about Existing WSS town Jatara 6 Table 6: Summary of Clear Water Feeder Main for towns Satai, Bijawar, Khargapur and Jatara Nagar Parishads 7 Table 7: Details about Distribution Line Zone wise for Town Satai 7 Table 8: Details about Distribution Line Zone wise for Town Bijawar 8 Table 9: Details about Distribution Line Zone wise for Town Khargapur 8 Table 10: Details about Distribution Line Zone wise for Town Jatara 8 Table 11: Proposed Water Supply Connections 9 Table 12: Proposed sub-project components in Satai, Bijawar Khargapur and Jatara group Water Supply Scheme and their Involuntary Resettlement Impact status 15 Table 13: Budgetary Requirements 19 FIGURES Figure 1: Key Plan of Group WSS towns Satai, Bijawar, Khargapur and Jatara 10 Figure 2: Proposed Components on Google Earth Image 59 APPENDICES Appendix 1: Details of Land Ownership for each Sites proposed under Group WSS for town Satai, Bijawar, Khargapur and Jatara 22 Appendix 2: Summary of Stakeholder Consultations 29 Appendix 3: Photograph of Stakeholder Consultation and List of Participants 35 Appendix 4: Involuntary Resettlement Screening Checklists 45 Appendix 5: Land records of Proposed Subproject Components 48 I. INTRODUCTION A. Background 1. Government of Madhya Pradesh (GOMP) with a sector project loan funding from Asian Development Bank (ADB) has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein after referred as ‘Project’. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency and the State Urban Development and Housing Department (UDHD) shall be the Executing Agency for the Project. A project management unit (PMU) created under MPUDC is implementing MPUSIP. 2. The Resettlement Framework for MPUSIP outlines the objectives, policy principles and procedures for land acquisition, if any, compensation and other assistance measures for Displaced Persons / Affected Persons,1 if any. This framework reflects the borrower’s law on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, state government policies, ADB’s Safeguard Policy Statement (SPS), 2009 and other social safeguard guidelines. A detailed description of compensation measures and assistance is provided in the entitlement matrix. 3. An entitlement matrix, consistent with the existing norms and guidelines of the country and the state government, and ADB’s Safeguard Policy Statement has been prepared to cover losses identified in this Project. The matrix recognizes that the lack of title/customary rights recognized under law will not be a bar to entitlement and has special provisions for non-titled persons. The eligibility for compensation will be determined through a cut-off date. People moving into the sub-project area after the cut-off date will not be entitled to compensation or other assistance. 4. Madhya Pradesh Urban Services Improvement Program (MPUSIP) proposed to be funded by Asian Development Bank (ADB) envisages provision of sustainable water services to 128 towns in the State out of which provision of sewerage and storm water management services is proposed in 10 towns. The State Urban Development and Housing Department is the Executing Agency while the Madhya Pradesh Urban Development Company (MPUDC) Limited is the implementing agency for the Program. B. Project Description 5. As per revised procurement plan, MPUSIP’s physical components include (a) improvements to water supply scheme in 69 subproject towns, and (b) sewage collection and treatment services proposed in four (4) identified towns namely Saikheda, Sanawad, Anjad and Badwaha under Phase I while in Phase II – water supply scheme in 59 subproject towns and sewage collection and treatment services proposed in eight towns namely Sanchi, Dhamnod, Mandsaur, Nagda, Jabalpur (part-II), Maihar, Khajuraho & Rajnagar. The objective of the proposed improvements in subproject towns is to achieve safe and sustainable water services both in terms of services to customers, cost recovery and conservation of precious water resources. The project proposals envisage providing 100% coverage of population with continuous, pressurized and safe drinking water services and achieving 1 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. 2 progressively increasing cost recovery by expanding the coverage and increasing operating efficiency. The main objectives of the Project are as follows: (i) Supplying pure drinking water. (ii) Promote sustainable measures to increase potable water supply to the population. (iii) Water supply through future sustainable source developments. (iv) Water supply through improvements of safe yield of existing water sources. (v) Water supply through improvements to water treatment works. (vi) Drinking water supply contributes towards a sustainable regional development. (vii) To improve the current state of the water cycle of subproject through improvements in the separate components of the water supply system in investment program. C. Scope of this Report 6. This draft land acquisition and involuntary resettlement due diligence report is prepared for the proposed group water supply scheme for Satai and Bijawar Nagar Parishads located in Chhatarpur district and Khargapur and Jatara Nagar Parishads located in Tikamgarh district. Proposed subproject components involving new construction or civil work include: (i) Anicut of 362 m length and 4.5 m height and intake well of 8 m dia and 6 m height proposed on Dhasan river, (ii) Raw water rising main of 258 m length and 300 mm dia DI K-9 pipe, (iii) water treatment plant with 6.71 MLD capacity, (iii) clear water feeder mains of about 104475 m; length, (iv) Seven Over Head Tanks (OHTs) are proposed for scheme - one for town Satai with 50 KL capacity, three numbers for town Bijawar with 250