Land Acquisition & Resettlement Plan (LARP) ______
Project Number: 47024-004 Loan Number: 3470-PAK
Document Type: Final May 2019
PAK: Pehur High Level Canal Extension Project
Land Acquisition and Resettlement Plan for LOT-1
Prepared by:
Khyber Pakhtunkhwa Irrigation Department for the Asian Development Bank (ADB).
NOTES
(i) The fiscal year (FY) of the Government of the Islamic Republic of Pakistan and its agencies ends on 30 June. (ii) In this report “$” refer to US dollars.
The Land Acquisition and Resettlement Plan is the document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff. These documents are made publicly available in accordance with ADB’s Access to Information Policy and as agreed between ADB and the Khyber Pakhtunkhwa Irrigation Department. 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. PROJECT MANAGEMENT OFFICE (PMO) KHYBER PAKHTUNKHWA IRRIGATION DEPARTMENT GOVERNMENT OF KHYBER PAKHTUNKHWA
PEHUR HIGH LEVEL CANAL EXTENSION PROJECT
ADB LOAN NO. 3470 PAK
LAND ACQUISITION & RESETTELMENT PLAN
LOT-I: JANDA BOKA PRESSURE PIPE & IRRIGATION SYSTEM
MARCH, 2019
PROJECT IMPLEMENTATION CONSULTANTS:
Engineering Consultants (Pvt.) Ltd, Sri Lanka (Lead Firm) Techno Legal Consultants (Pvt.) Ltd, Pakistan (JV Firm) AGES Consultants, Pakistan (JV Firm) Geotechnical Consultancy Services, Pakistan (JV Firm)
ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
ADB Loan 3470-PAK: Detail Design of PHLCE Project Lot-I: Janda Boka Pressure Pipe & Irrigation System Land Acquisition & Resettlement Plan
TABLE OF CONTENTS
TABLE OF CONTENTS ...... i LIST OF TABLES ...... iv LIST OF FIGURES ...... v
PEHUR HIGH LEVEL CANAL EXTENSION PROJECT ...... 1 EXECUTIVE SUMMARY ...... 1 1 INTRODUCTION ...... 1-1 1.1 Background ...... 1-1 1.2 Project Objectives ...... 1-1 1.3 Project Description ...... 1-1 1.4 Design Detail of Lot-I: ...... 1-5 1.5 Objectives of the LARP ...... 1-6 1.6 Alternative Options for Minimizing the Resettlement Impacts ...... 1-7 1.7 Width of Lot-I, Janda Boka Irrigation System RoW ...... 1-7 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 2-1 2.1 General ...... 2-1 2.2 Scope of Land Acquisition...... 2-1 2.3 Methodology and Proceedings: ...... 2-1 2.4 Collection and Review of Secondary Data/Information ...... 2-2 2.5 Pre-Test of Questionnaire ...... 2-3 2.6 Collection of Primary Data ...... 2-3 2.7 Project Impact Assessment ...... 2-3 2.7.1 Impact on Land ...... 2-4 2.7.2 Impact on Private Structures ...... 2-5 2.7.3 Impact on Crops ...... 2-6 2.7.4 Impacts on Trees ...... 2-6 2.7.5 Summary of Affected Assets and DPs ...... 2-6 2.8 Asset Valuation ...... 2-9 2.8.1 Valuation of Land ...... 2-9 2.8.2 Valuation of Structures ...... 2-10 2.8.3 Valuation of Crops ...... 2-10 2.8.4 Valuation of Trees ...... 2-11
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
2.8.5 Physical Displacement of DPs ...... 2-12
¡ ¦§¨ §¡© ¨¥ ©¥¡ ¢ ©¦ ¦¢ ¦¢
3 SOCIO- ¡¢ £¢¤¥¡ ...... 3-1
! 3.1 ...... 3-1 3.2 Education and Literacy Levels of Members of DPs Households...... 3-1 3.3 Income and Expenditure of the Sample Respondents ...... 3-1 3.3.1 Land Holding Status of DPs ...... 3-3 3.3.2 Vulnerable Households ...... 3-4 3.3.3 Ethnicity ...... 3-4 3.3.4 Available Social Amenities in the Project Area ...... 3-5 3.3.5 Housing Conditions ...... 3-5
3.4 Gender Survey ...... 3-6
! !
# $ % 3.4.1 " -economic Activities ...... 3-7 3.5 Conflict Resolution Mechanism in the Project Area ...... 3-7 3.6 Indigenous Peoples (IP) ...... 3-8 3.7 Impact on Historical, Cultural and Religious Structures ...... 3-8 4 LEGAL FRAMEWORK, POLICY AND ENTITLEMENT ...... 4-1
4.1 General ...... 4-1
! !
& ( &) & # * 4.2 &' ulations on Land Acquisition and Resettlement ...... 4-1 4.2.1 Constitution of the Islamic Republic of Pakistan (1973) ...... 4-1
4.2.2 Land Acquisition Act (1894) ...... 4-1
! ! ! !
, - . &/0 # %0 + , $ &1 * &/ %0 $ & 2334 4.3 + 4-3 4.4 Comparison of Key LAA and ADB SPS-2009 and Measures to Address the Gap4-5 4.5 Eligibility and Entitlements ...... 4-7 4.6 Entitlements ...... 4-8 4.7 Compensation for DPs with Legal and Administrative Impediments ...... 4-10 5 COMPENSATION, RELOCATION AND INCOME RESTORATION ...... 5-1 5.1 General ...... 5-1 5.1.1 Additional Assistance for Vulnerable Households ...... 5-1 5.2 Livelihood Support Intervention Measures ...... 5-1 6 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 6-3 6.1 Project Stakeholders ...... 6-3 6.2 Public Consultations along the Project Alignment ...... 6-3 6.3 Consultative Discussions with Women ...... 6-4 6.4 Concerns Regarding the Project ...... 6-4 6.5 Consultations with DPs ...... 6-4 6.6 Information Disclosure ...... 6-5 7 INSTITUTIONAL ARRANGEMENTS ...... 7-6 7.1 Project Steering Committee ...... 7-6
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
7.2 Khyber Pakhtunkhwa Irrigation Department (KPID) ...... 7-6 7.3 Project Implementation Consultants ...... 7-6 7.4 LAR Coordination Committee ...... 7-7 7.5 External Resettlement Monitor ...... 7-7 8 GRIEVANCE REDRESS MECHANISM ...... 8-8 8.1 TOR of Grievances Redressal Committee at Project Level ...... 8-8 8.2 TOR Grievances Redressal Committee at Field Level ...... 8-9 8.3 Organogram ...... 8-11 9 IMPLEMENTATION SCHEDULE OF LARP ...... 9-1 10 RESETTLEMENT BUDGET ...... 10-1 11 MONITORING AND EVALUATION ...... 11-1 11.1 Internal Monitoring ...... 11-1 11.2 External Monitoring ...... 11-2 11.3 Purpose and objective ...... 11-2 11.4 Major Tasks of ERM ...... 11-3 11.5 Monitoring Indicators ...... 11-4 11.6 Methodology of External Monitoring ...... 11-4 11.7 Reporting Requirements ...... 11-5
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
LIST OF TABLES
Table 1. 1: Lot-wise Component of PHLCE Project ...... 1-2 Table 1. 2: Salient Features of PHLCEP LOT-I Irrigation Component ...... 1-5 Table 1. 3: Structures on PHLCEP LOT-I Irrigation Component ...... 1-6 Table 1.4: Lot-I: Summary of ROW of Janda Boka Irrigation System of PHLCE Project ...... 1-8 Table 2. 1: Land Required for Lot-I by Type and Mouza-Wise ...... 2-2 Table 2.2: Lot I - Category of Impacted/ Acquired Private Land Mouza-wise ...... 2-4 Table 2.3: Degree of Impact on Agricultural Land in Lot-I ...... 2-5 Table 2.4: Private Structures in ROW of Lot-I...... 2-5 Table 2.5: Area of Cropped Land and Crop Yield in Lot-I ...... 2-6 Table 2.6: Non-Fruit and Fruit Trees under impact in Lot-I ...... 2-6 Table 2.7: Summary of Affected Assets and DPs ...... 2-7 Table 2.8: Summary of Affected Assets ...... 2-7 Table 2.9: Number of HH with Production land affected ...... 2-8 Table 2.10: Summary of Impacts ...... 2-9 Table 2.11: Valuation of Land (Mouza and Category-wise) by District Collector, Swabi ..... 2-10 Table 2.12: Valuation of Structures ...... 2-10 Table 2.13: Valuation of Crop Land Mouza-Wise ...... 2-11 Table 2.14: Affected Non-Fruit Trees in Lot-I ...... 2-11 Table 2.15: Affected Fruit Trees in Lot-I ...... 2-12
Table 3.1: Literacy Rate and Education Level of Members of DP ¡ Households ...... 3-1
§¨ © £ £ ¦£ ¦ ¥ ¦ ¡ ¦ ¥
¢ £¤ ¥¦ ...... 3-2
§¨ § !"¦ ¦ ¡ ¦ ¥ ¢ £¤ ¥¦ ...... 3-3 Table 3. 4: Land Holding Status of Surveyed DPs ...... 3-4 Table 3. 5: Categories of Vulnerable Households among the Surveyed DPs ...... 3-4
Table 3. 6: Access to Social Amenities in Lot-I Project Area ...... 3-5
# $ %
§¨ ¦ ¦ ¡ ¢ £¤ ¥¦ ...... 3-6
Table 3. 8: Locations and Number of Participants of Consultations with Women ...... 3-6
%
§¨ & ' ¦ ¡ (¥¦
¢ £¤ ¥¦ -economic Activities ...... 3-7
%
)¨* £ ¥¦ +¦£ ¦ £, £ ¡ - *.&)
¢ £¤ ¥¦ ...... 4-2
)¨ © ¦¦ ¦ ¤¦/¦¦ £ , £ ¡ -£/0 1 ¥ £ ¦ ¢ £¤ ¥¦ asures to Address the Differences or Gaps ...... 4-5 Table 4. 3: Entitlement Matrix for Compensation ...... 4-9 Table 8. 1: Grievances Redressal Committee at Project Level ...... 8-8 Table 8. 2: Grievances Redressal Committee at Field Level ...... 8-9
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Table 8. 3: Community Complaints/Grievance Redress Process/mechanism...... 8-10 Table 9. 1: Implementation Schedule of LARP for Lot-I ...... 9-1 Table 10. 1: Detail Budget of Land Mouza and Category wise for Lot-I ...... 10-1 Table 10. 2: Detailed Budget for LARP of LOT-I, PHLCE Project ...... 10-1
LIST OF FIGURES
Figure 1.1: Location Map PHLCE Project ...... 1-3 Figure 1. 2: Location Map For Janda Boka Area (Lot-I) ...... 1-4 Figure 8. 1: Institutional set-up for the Implementation of LARP ...... 8-12
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
LIST OF ANNEXURES
Annexure-1: Draft Notification of under Section-4 for Lot-I Annexure-2: Questionnaire for Data Collection Annexure-3: Urdu Brochure Annexure-4: Demand Bills of the Deputy Commissioner, Swabi Annexure-5: Census of Affected Persons/ DPs Annexure-6: List of Consultation Meetings with Community/ Stakeholders Annexure-6A: Consultation Meeting Attendance Sheets Annexure-7: Notification of District Price Assessment Committee Annexure-8: Photographs Annexure-9: Notification of Project Steering Committee Annexure-10: LAR Notification
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
ABBREVIATIONS
ADB Asian Development Bank C&W Communication and Works CAP corrective action plan CCA culturable command area CCR community complaints register DFO district forest officer DGSD Director General Small Dams DH displaced household DMS detailed measurement survey DPAC district price assessment committee DPC displaced persons committee DP displaced person EA executing agency ERM external resettlement monitor GPS global positioning system GRC grievance redress committee HPK Halcrow Pakistan (Pvt) Limited IA implementing agency ICS Integrated Consulting Services (Pvt) Limited IDC International Development Consultants IMR internal monitoring report IP indigenous people KP Khyber Pakhtunkhwa KPID Khyber Pakhtunkhwa Irrigation Department KPWRSP Khyber Pakhtunkhwa Water Resources Sector Project LAA Land Acquisition Act 1894 LAC land acquisition collector LAR land acquisition and resettlement LARP land acquisition and resettlement plan MIS management information system NTP notice to proceed OFWM on-farm water management OPL official poverty line PC-1 Planning Commission- 1 PHED Public Health Engineering Department PHLCE Pehur High Level Canal Extension PIU project implementation unit PMO project management office
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
POL petroleum, oils, & lubricants PPTA project preparatory technical assistance PRA participatory rapid appraisal PSC project steering committee RoW right of way SIA social impact assessment SPS Safeguard Policy Statement 2009
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
DEFINITION OF TERMS
The following terms and definitions have been used in this land acquisition and resettlement plan (LARP).
Affected Household: All members of a household residing under one roof and operating as a single economic unit and are adversely affected by the Project, or any of its components. It may consist of a single nuclear family or an extended family group.
CoI (Corridor of Impact): CoI is working area falling within RoW or outside the ROW. It is generally used to restrict to carry out any civil/development activity.
Compensation: Payment in cash or in kind of the replacement cost of the acquired assets.
Cut-off-date: The date that establishes DPs eligibility to receive compensation for affected assets and to receive rehabilitation assistance. Any person who enters in the area after the announced cut of date or any assets established in corridor of impact after cut-off date will not be eligible for compensation
Displaced Person (DP): 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 involuntary acquisition of land for the Project.
Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to DPs, depending on the nature of their losses, to restore their economic and social base.
Income Restoration: Includes re-establishing income sources and livelihood of the DPs according to their status.
Involuntary Resettlement: Any physical or economic displacement where the DPs have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation.
¢ ¡ ¢ ¡ ¢ £ ¤
Indigenous People: Refers to ¡ethnic minorities , cultural minorities , tribes , natives ,
¢ ¡ ¢ ¡ indigenous cultural minorities and aboriginals whose social or cultural beliefs and practices are distinct from the mainstream society and are, therefore, at greater risk of being disadvantaged in the development process.
Land Acquisition: The process whereby a person is compelled by a government agency to acquire all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for compensation.
Market Value: The value of an asset determined by market transaction of similar assets and finally arrived at after negotiations with the owners. It includes transaction costs and without the depreciation and deductions for salvaged building material.
Marginally Affected: Land or structure is affected less than 10 percent and the remaining portion is still viable for use.
Participation: A process that allows other stakeholders to influence and share control over
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
development initiatives, decisions and the use of resources that affect them.
Relocation: The physical relocation of a DP from her/his pre-Project place of residence or business.
Replacement Cost: The value determined to be fair compensation for land based on its productive potential, the replacement cost of houses and structures (current fair market price of building materials and labor without depreciation or deductions for salvaged building material), and the market value of residential land, crops, trees, and other commodities.
Resettlement Effect: Loss of physical and non-physical assets; including homes, communities, productive land, income-earning assets & sources, users of resources, cultural sites, social structures, networks/ties, cultural identity and mutual help mechanisms.
Severely Affected: DPs who will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
Squatters/ Informal Settlers: People who occupy and use land without having any legal title, or right to use/possess the land/asset.
Stakeholders: Include the DPs and communities, proponents, private and public businesses, the host communities and other concerned departments/agencies that may be affected, benefit, have a role in the implementation or may influence the Project.
Vulnerable Groups: The marginalized or those distinct households or people who might face the risk of marginalization and suffer disproportionately from resettlement affects. These may include households with income below the poverty line, the landless, households headed by an elderly, female headed households, women and children, indigenous peoples, and those without legal title to land.
Barani Land: It is an agricultural and cultivable land, the crops of which have no source of irrigation other than rainfall. This type of land is usually sown with single crop in a year, mostly in Rabi season when temperature decreases. The major crop of Rabi is Wheat.
Local Terms
Jirga: An assembly of local elders convened to resolve community concerns. Kharif: Summer cropping season of the year (15th April - 15th September). Rabi: Winter cropping season of the year (15 September - 15th April). Mouza (Village): A demarcated territory for which separate revenue record (Cadastral map) is maintained by the Revenue Department. Pacca: House or building with concrete construction with burnt bricks. Semi-Pacca: House or building constructed with burnt bricks and mud Kacha: House constructed with un-burnt bricks and mud, or temporary wooden poles. Patwari: Revenue record keeper at the village/ Mouza level. Qanoongo: Officer-in-charge of the patwari. Shamlat: Communal Land Tehsil: A sub-district 1 Marla: 272.25 sq foot 1 Kanal: 20 marlas 1 Acre: 08 kanals
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
PEHUR HIGH LEVEL CANAL EXTENSION PROJECT
EXECUTIVE SUMMARY
1. The Government of Pakistan has received a loan from the Asian Development Bank (ADB) for financing the cost of preparation of detail Engineering Design and Construction of PHLCE Project in District Swabi of Khyber Pakhtunkhwa Province.
2. The Project envisages extension of the PHLC through two main pressure pipes off taking from the Gandaf Tunnel of Tarbela Dam and with downstream canal system to irrigate a gross command area (GCA) of about 14,000 hectare (ha) and cultivable command area (CCA) of 12,354 hectare (ha), out of which an area of 7,930 (ha) is to be commanded under this project while an area of 4,424 hectare (ha) will brought under command in future.
3. Prior to induction of Project Implementation Consultant, a draft LARP for the entire project was prepared by PPTA consultant and was approved by ADB. Now after approval of the final design report the project is divided in to three lots for construction purpose each with independent land acquisition and compensation component. Hence three LARPs (one for each lot) is being prepared. This LARP is for Lot-I. LARP schedule is illustrated in Chapter 9. Detailed design and bidding process has been completed for all the three lots.
4. The Khyber Pakhtunkhwa Irrigation Department (KPID) is the executing agency (EA) and implementing agency (IA) for the construction of canal infrastructure. The other IA is the Provincial Agriculture Department (KPAD)/Director General On-Farm Water Management (OFWM) for their respective component of the project. Project management office (PMO) has been established in June 2017 at Irrigation House Gohati Swabi to manage all the preparatory
activities associated with LARP. The PMO is headed by a Project Director responsible for
¥ ¦ § ¨§© § © ©¥ £¡ ¢ ¤ ¢ execution and implementation of LARP and also to ¡¢£¤ implementation. The Director PMO, with the assistance of social safeguard staff is responsible for the timely updating, implementation and monitoring of LAR activities.
5. Notification under Section-4 (Annexure-1) of Land Acquisition Act for Lot-I was issued by the District Collector (DC) Swabi on 10 April 2018. Katha-wise list of registered names (2210) on the land which is being acquired for Lot-I was provided by the DC Swabi based on the partially updated land records on 10 January 2019. Based on this list, a survey of all the actual and present owners/claimants and other DPs like leaseholders, renters and workers) was conducted and completed on January 31, 2019 to obtain socio-economic data. One hundred fifty-five (155) DPs were identified. Out of which, 146 responded to the questionnaire, while 9 DPs refused to give any data. Socio-economic information on the 9 DPs were obtained from neighbors and adjacent landowners.
6. This land acquisition and resettlement plan (LARP) has been prepared based on the approved design and alignment of the canal network, pressure pipeline and allied structures. The major objective of this LARP is to assess the type and magnitude of land acquisition and resettlement (LAR) impacts, eligibility and entitlement of compensation; institutional arrangements for the implementation of LAR activities as well as redressal of community complaints, implementation schedule and conducting internal and external monitoring.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
7. A total of 62.28 acres of land is required for Lot-I of PHLCE Project. Out of which, 61.84 acres is privately-owned by including 45.24 acres (361.95 kanal) of barani (rain-fed) land owned/claimed by 67 DPs, 9.9 acres (79.2 kanal) of chahi (irrigated) land owned/claimed by 15 DPs and 6.7 acres (53.6 kanal) of ghair mumkin (uncultivable) land owned/claimed by 7 DPs. Around 0.44 acres (3.52 kanal) is government-owned land for which a no-objection certificate (NOC) from the respective department will be issued.
8. Of the 89 owners of land, 82 DPs own productive agricultural land. These DPs, along with 10 leaseholders, 40 sharecroppers and 16 tenants will lose income from crops. Most of whom are planting crops during rabi (winter) season only. Twenty-five DPs will lose 660 non-fruit trees, while 12 DPs will lose 140 fruit trees. Two (2) privately-owned stone masonry retaining walls owned by 2 DPs will be demolished. No physical displacement of household or loss of residential structure is involved in Lot-I, hence income rehabilitation assistance is not involved in this LARP. Sixty-four (130) DPs will lose 10% or more of their agricultural land and will be provided with severity allowance. Similarly, 36 DPs have been identified eligible for vulnerable allowance.
9. To determine the cost of land being acquired, a district price assessment committee (DPAC) has been notified by DC Swabi. Mouza-wise price for each type of land were fixed by the above committee on 21 December 2018. To work out its distribution amongst the DPs, the census of DPs has been considered. The DC Swabi office while distributing this amount will prepare its own acquaintance roll based on land record and supporting documents provided by the current/actual land owners. The validated/verified acquaintance roll will serve as the final list of DPs and their respective share in the compensation for the affected land and non-land assets. Total budget for Lot-I is Rs. 290.89 million.
10. Grievances redressal committee, one at the project level and two at the field (tehsil) for Lot-I have been notified with their respective TORs. Each committee has female representation as well. For the information of general public, a brochure in Urdu language describing the salient feature of project and its benefits to the area inhabitant have been displayed at the union council office and DC office. A total of 34 consultation meetings were conducted during the design period. The PIC female representative had arranged special meetings with women and they were made aware of the salient features of the project and its benefits.
11. The LAR activities will be monitored both internally and externally. Internal monitoring will be conducted by the PMO (social safeguard staff), while external monitoring will be carried out by a qualified external resettlement monitor (ERM) who has been hired through Project Implementation Consultants (PIC) PHLCE.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
1 INTRODUCTION
1.1 Background
1. In March 2015, the ADB and Government of KP agreed to proceed with a stand-alone loan for Pehur High Level Canal Extension Project. The investment project is being implementing on the basis of updated feasibility studies; detail engineering design, cost estimates, and Planning Commission Proforma No.1 (PC-1) of the project is being reviewed and updated where necessary. The project will create new irrigation system to enhance agricultural production in 7,930 ha in Swabi district of Khyber Pakthunkhwa Province. The project will increase crop intensity by 166%, improve crop yield and increase farm-related income. It will directly benefit over 15,000 rural people, mostly poor. The project will (i) construct about 94 km new irrigation canals, and (ii) build farmers capacity. The project has involuntary resettlement impacts. As per ADB policy, projects involving land acquisition and resettlement impacts are required to prepare and disclose a land acquisition and resettlement plan (LARP).
2. A draft LAP based on the feasibility study was prepared and approved by ADB and disclosed during the processing of the Project. This updated LARP is prepared based on the detailed measurement survey (DMS) conducted by the project implementation consultant (PIC) and valuated by the respective government departments for Lot-I: Janda Boka and Malikabad area following the approved detailed design and final alignment and data provided by District Collector (DC) office, Swabi. A final/implementation-ready LARP approved by ADB reflecting final impacts, DP list and official compensation rates and mobilization of the external resettlement monitor (ERM) are conditions for the award of civil works contract, while full implementation of the compensation program described in the updated/final LARP including the full delivery of compensation to the DPs and submission of a compliance report by the ERM is a condition for issuing the notice-to-proceed with the civil works.
3. The Khyber Pakhtunkhwa Irrigation Department (KPID) is the executing agency (EA) for the project and IA for Output 1, while Khyber Pakhtunkhwa Agriculture Department is the IA for Output 2.
1.2 Project Objectives
4. The investment project aims to increase farm and non-farm incomes of households engaged in agriculture mainly in Swabi District of Khyber Pakhtunkhwa Province. The indicative outcome of the investment project is increased agriculture productivity and increased farm incomes. Pehur High Level Canal Extension (PHLCE) Project has two major objectives.
Bring rain-fed areas of Janda Boka and Indus Ambar under sustainable regular canal irrigation system; and,
Improve the capacity of beneficiaries to efficiently use water and agriculture
1.3 Project Description
5. The PHLCE Project is an extension to the command area of the Gandaf Tunnel which conveys irrigation water from Tarbela Reservoir. Initially the provision/water allocation for the areas of Janda Boka, Indus Lift Irrigation Scheme and Ambar Lift Scheme had already been
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
made in the design of PHLC. The project has been divided into three lots for construction purpose, therefore three (3) separate Lot-specific LARPs for the purpose are being prepared. The LARP for Lot-I has been finalized while the remaining Lot-2 and Lot-3 LARP are being prepared. The scope of the three lots is shown in Table 1.1. This LARP is for Lot-I.
Table 1. 1: Lot-wise Component of PHLCE Project
S. No. Lot wise Components of PHLCE Project
Lot-I Janda Boka Pressure Pipe and Irrigation System
Lot-II Indus Ambar Pressure Pipe
Lot-III Indus and Ambar Irrigation System
6. The areas originally envisaged to be brought under command through lift irrigation schemes are now possible to be commanded under gravity as the minimum operating level of Tarbela Reservoir source has increased. Water is proposed to be conveyed through two separate pressure pipes to higher elevation of each area from where gravity canal system will bring these areas under irrigation.
7. About 100% of the PHLCE project area falls in Swabi district. The whole area is spread in Janda Boka and Indus-Ambar. The Janda Boka area lies near the Gandaf Tunnel outlet from Tarbela reservoir towards the right of Pehur High Level Canal (PHLC). Janda Boka area lies towards the right of PHLC on its upslope side in the upper reaches where Kundal Khwar and its main tributaries (Polah, Jammu and Wuch Khwar) form an enclave within the outer range of the hills forming the northern boundary of the main area. Gadoon area lies towards east of Janda Boka area near Gandaf Tunnel outlet towards the right of PHLC.
8. Command area of the Janda Boka as per PC-I is 1,316 ha (3,253 acres) which is now enhanced to 1,413 ha (3,491 acres) in the final detailed design report. The area is proposed to be fed from Gandaf Tunnel through a pressure pipe and open canals system. Janda Boka command area is mainly fed from two off-takes - one from the pressure pipe through Minor Canal
01 (JB-MR-01) and the second from the tail end of pressure pipe through Main canal - 01 (JB- MC-01). Two minor canals (JB-MR-02 & JB-MR-03) are off-taking from the main canal at RD 4+950 and RD 5+970, respectively. Location map of the Project and Janda Boka area (Lot-I) are presented in Figure 1-1 & 1.2, respectively.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Figure 1.1: Location Map PHLCE Project
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Figure 1. 2: Location Map For Janda Boka Area (Lot-I)
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
9. Access to the project area is possible by public transport throughout the year. Motorway M-1 passes through the center of Ambar-Indus area at Jahangira from the main GT Road connecting Swabi to the other parts of the country. Another road from Mardan is connecting Swabi on the other side with Mardan, Peshawar, Swat and Buner.
10. Main components of Janda Boka Pressure Pipe and Irrigation System of PHLCE project include:
Connection with Gandaf tunnel
Pressure pipe and outlet works
Main Janda Boka canal
Canal and drainage structures
Development of on farm works
1.4 Design Detail of Lot-I:
11. Major salient features of Lot-I: Janda Boka Area are presented in Table 1.2 and 1.3 as derived from the detailed design report.
Table 1. 2: Salient Features of PHLCEP LOT-I Irrigation Component
Lot-I S. No. Description Unit Janda Boka Pressure Pipe and Irrigation System
1 Cultivable command area (CCA) ha 1,413
Total cultivable command area (CCA) with full 3 ha 1,413 development 4 Lengths of pressure pipes m 3,672
Janda Boka reach-1 m 2,275
Janda Boka reach-2 m 1,397
5 Diameters of pressure pipes
Janda Boka reach-1 m 1.00
Janda Boka reach-2 m 0.90
6 Lengths of canals m 11,045
Main canals m 7,310
Distribution system m 3,735
7 Discharge (Present Development) cumecs 0.79 Discharge (Including full development of future 8 cumecs 0.79 area) Land to be acquired for pressure pipe and 9 acre 62.28 canal infrastructure
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Table 1. 3: Structures on PHLCEP LOT-I Irrigation Component
S. No Structure's Type Lot-I: Janda Boka Irrigation System
Outlets for chaks/water courses
1 Direct outlets 8
2 Bifurcators 6
3 Trifurcators 3
4 Tail outlets 1
5 Sump outlet for future lift area 1
Sub Total 19
Cross drainage structures
6 Cross drainage culvert/super passages 18
7 Aqueduct 3
8 Syphon 2
Sub Total 23
9 Head regulator 5
10 Road bridge 8
11 Road culvert 13
12 Foot bridge 5
13 Bifurcations and pressure pipe outlets 2
14 Escapes (gated + ungated) 3
15 Drainage manholes/valve 4
16 Air/vacuum valves 5
17 Pressure relief valves 2
18 Butterfly valves 3
19 Globe valve 4
20 Sleeve valve 4
21 Flow meter 1
1.5 Objectives of the LARP
12. This LARP covers the land acquisition and resettlement impacts of the pressure pipe and construction of the main canal and its distribution system in Lot-I of the PHLCE Project. The main objective of the LARP is to identify overall project impacts in the form of quantity and valuation.
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The LARP provides a clear picture of the project impacts, consultation with DPs, measurement of impacted structures, and fair valuation for the compensation, procedure of the payment to the DPs and implementation of the LARP. It aims to enhance, or at least restore, the livelihoods of all DPs in real terms relative to pre-project levels; and improve the standards of living of the displaced poor (if any) and other vulnerable groups in accordance with existing laws of Pakistan and ADB SPS-2009.
13. The following aspects are covered in this LARP:
Number and types of affected structures of DPs;
Assessment of the loss of crops and trees (fruits, wood and timber);
Assessment of the number of vulnerable households;
Data on unit prices for land and other affected assets;
Socio-economic information and profile;
Information disclosure, consultation, and participation;
Policy and legal framework;
Consultative meetings with local persons/ general public along the subproject route alignment;
Entitlement for compensation and assistance;
Institutional arrangements and grievance redress mechanisms;
Implementation schedule;
Resettlement budget; and
Monitoring & evaluation.
1.6 Alternative Options for Minimizing the Resettlement Impacts
14. Appropriate efforts and all possible engineering design options have been considered while identifying the preliminary alignment to avoid and minimize LAR impacts. This alignment has been done through review of satellite imagery and topographic surveys carried out during the project design preparation and thorough field surveys conducted. The implementation of this project can cause resettlement issues like clearance of ROW for execution of civil works, demolishing and setting back of permanent structures and cutting of trees within the ROW.
1.7 Width of Lot-I, Janda Boka Irrigation System RoW
15. The PHLCE project Lot-I, Janda Boka area route and ROW has been determined for main canal, pressure pipeline and minors as shown in Table 1.4.
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Table 1.4: Lot-I: Summary of ROW of Janda Boka Irrigation System of PHLCE Project
Irrigation Component Unit ROW
Janda Boka Pressure Pipeline (From RD 0+000 To 0+965) and from RD 2+278 m 20 to Tail End Janda Boka Pressure Pipeline cum Janda Boka Minor Canal-01 (JB-PP-01) m 30 From JB-Pressure Pipeline Outlet-01 (From RD 0+965 To 2+278)
Janda Boka Main Canal-01 (JB-MC-01) Except (From RD 1+355 To 1+920) m 20
Syphon at Besak Khwar of Janda Boka Main Canal-01 (JB-MC-01) (From RD m 32 1+355 To 1+920)
Janda Boka Minor Canal-02 (JB-MR-02) From JB-MC-01 m 15
Janda Boka Minor Canal-03 (JB-MR-03) From JB-MC-01 m 15
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2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT
2.1 General
16. The assessment of the project impacts based on detailed design has been carried out by adopting a well-defined approach and methodology and in close coordination with the Revenue Department and land acquisition collectors (LACs). According to the survey conducted, there are 155 persons affected in Lot-I (including 9 persons at Pabini Mouza who were not willing to respond to the interview). Notification of Section-4 of the Land Acquisition Act (LAA) was issued on 10 April 2018. Documentation and request for issuance of notification under Section-5 of the LAA has been prepared and submitted by PD-PMO to the District Collector Swabi. The demand bill at (Annexure-4) has been received by KPID and deposited in the District Treasury. Funds for compensation and allowances that are not covered by the LAA but required as per ADB SPS are kept by PMO for disbursement to DPs once the updated LARP has been approved.
17. Assessment of land, crops, trees and structures have been completed. The census of DPs at Annexure-5 and their affected land has been provided by the Revenue Department. The actual claimants and land-users have been identified by the PMO/PIC for onward assessment and recording of assets. The list of registered names in the land records and affected land provided by the DC will be updated and developed into an acquaintance roll that identifies the specific share and entitlement of each DP after receipt of supporting documents from DPs and mutations in the land records prior to land award under Section-11 of the LAA.
18. Detailed measurement surveys (DMS) and valuation of affected land has been conducted by the LACs, while the DMS and valuation of affected non-land assets (structures, trees and crops) was done by Forest Department, Agriculture Department and Communications and Works (C & W) Department. The census and socio-economic survey of DPs and consultations meetings at (Annexure-6) has been done by the PIC. All the 155 DPs for the entire Lot-I LARP were contacted. Information on the 9 DPs who refused to be interviewed was gathered through their neighbors and owners of adjacent land.
2.2 Scope of Land Acquisition
19. The survey was conducted along the alignment of the designed irrigation system and pressure pipes. On-way side discussions with local community and the general public were also carried out while conducting the field survey.
20. The project has been divided into three lots for construction purpose, therefore three (3) separate LARPs for the purpose are being prepare. The LARP for Lot-I has been prepared and finalized. The LARP for Lot-2 and Lot-3 are being prepared.
2.3 Methodology and Proceedings:
21. A team of ex-patwaris and zilladars under the supervision of a well conversant Land Acquisition and Resettlement (LAR) Specialist was constituted by the PIC for preparing the updated LARP. The team was provided with Google Imageries duly marked with alignment of the designed pressure pipes and canals.
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22. The team collected khasra numbers of the land upon which the pressure pipes and canal alignments are proposed to pass with the help of shajrah kishtwar (land maps) and khasrah girdawri (periodical books) of the mauza (revenue state) concerned having the details of land number, area, etc. They furnished khasrah (field) numbers and area for acquisition tentatively and framed the draft notifications under Section-4 of the LAA and submitted to Project Management Office PMO for further process. The PMO submitted the same to DC Swabi District which were used for issuance of notifications of Section-4 of the LAA.
23. The notifications of Section-4 of the LAA in April 2018 were published in government gazette for general information of all concerned. After publication of the notifications, the staff of the DC with coordination of PIC staff earmarked the alignments in the musavis (land maps) and prepared field books therefrom as per survey/level marks of the PIC. The Revenue Specialist of PIC framed notification under Section-5 of Land LAA which were sent to the PMO for further submission to DC Swabi.
24. Request for acquisition of 494.75 kanal (61.84 acres) of privately-owned land has been made to the DC Swabi for Lot-I: Janda Boka Pressure Pipe and Irrigation System of the project. Almost all affected area under Lot-I is agricultural land except natural waterways and a meager portion of the hill. Two small structures will be dismantled. Of the private land to be acquired, 441.15 kanal (55.14 acres) is agricultural land. Most (82%) of which is rain-fed (with only one cropping per year during rabi season). Less than 18% of the affected agricultural land is irrigated via tube-wells in summer (kharif) season. The remaining 53.6 kanal (6.7 acres) of privately-owned land is uncultivable.
Table 2. 1: Land Required for Lot-I by Type and Mouza-Wise
Private Land Government Total Kanal (Acre) Land Kanal No. Mouza Rain-fed Land Irrigated Land Uncultivable Kanal (Acre) (Acre) Land 143.55 9.45 11.15 3.20 167.35 1 Maini Sharqi (17.94) (1.18) (1.39) (0.40) (20.91) 132.30 50.70 7.85 190.85 2 Maini Gharbi - (16.54) (6.34) (0.98) (23.86) 16.40 19.05 34.60 70.05 3 Pabini - (2.05) (2.38) (4.33) (8.76) 69.70 0.35 70.05 4 Malik Abad - - (8.71) (0.04) (8.75) 361.95 79.20 53.60 3.55 498.30 Total Land (45.24) (9.90) (6.70) (0.44) (62.28)
¡ £¤ ¢ ¥ ¦ ¤ § ¨ § ¥ Note: Most of the land to be acquired in this lot is privately-owned. L ¡ ¢ shamilat d common entitlement of community of the mauza. For affected government lands, the concerned department will be requested to transfer the same to KPID as per government rules of business through a no-objection certificate (NOC). The Government land has not been counted in the provided land acquisition figure by the District Collector, Swabi.
2.4 Collection and Review of Secondary Data/Information
25. All available data/information related to the Project area and Project components were collected by the PIC from KPID, concerned local government offices, Revenue Department and Agriculture Department of District Swabi. The district census report of district Swabi was also
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reviewed for comparison and updating based on Government of Pakistan (GOP) 6th Population & Housing Census 2017.
2.5 Pre-Test of Questionnaire
26. A detailed socio-economic questionnaire was developed and submitted to the ADB for review. Comments received were incorporated accordingly. Moreover, the teams went to the field area for pretesting of the survey tools and modified the questionnaire where needed. The revised questionnaire was also shared with ADB. The data were collected through the finalized approved questionnaire by ADB team. The sample format of the questionnaire is shown as Appendix-I.
2.6 Collection of Primary Data
27. Before collection of data, a one-day training of data collection was provided to the field teams comprising of enumerators, sociologists and gender specialist by the Social Safeguards Specialist of ADB and PIC team. Main points of the training were as follows:
How to introduce yourself
Project introduction and objectives of the project
Purpose of data collection
Questionnaire filling and responses recoded
28. The detailed survey of DPs was carried out from 21 to 31 January 2019 using a structured questionnaire. 100% of the actual/present owners and land-users (tenants, renters and workers) for the entire Lot-I was targeted but 9 DPs at Pabini mouza refused to provide information/data. Information on these 9 DPs was gathered through their neighbors and owners of adjacent land. There are 155 DPs (including the 9 DPs who refused to be interviewed). Only 2 DPs are losing structures (small flood protection wall). The DPs were identified and interviewed by 5-teams of enumerators comprising of ex-patwari (revenue record keeper) hired by PMO along with PIC team. They did a walk-through of the entire alignment with the help of design drawings and Google maps and attempted to identify the actual affected landowners/land-users. In parallel, the team contacted local representatives to invite people at a common place to discuss and provide information on the landowners/land-users along the alignment.
2.7 Project Impact Assessment
29. Field survey for the assessment of value of various types of affected land and non-land assets has been finalized and valuation has been calculated and placed at the resettlement budget. Unit rate of compensation for different categories and types mouza-wise land, structures, crops and trees etc. have been provided by the DC, Swabi, with the collaboration of the concerned line departments. A committee appointed by the Project Director was constituted to verify, assess and evaluate assets/inventories attached or permanently attached to land, e.g., structure, orchards, trees, crops and type of lands affected by the project based on unit rates prevailing in the market. The committee has completed its tasks for Lot-I through physical survey and consultation with the local people in the project area.
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30. Detailed survey for land acquisition has been conducted by joint teams of PMO, PIC and Revenue Department Swabi under the supervision of LAR Specialist of the Project. Notables in the community also accompanied the land acquisition party wherever available after issuance of notification under Section-4 of LAA. The same team has prepared the documents for Section-5 of the LAA and submitted to DC for further action. Another team comprising of PMO, PIC, District Revenue Department and other concerned line departments completed details of nature of lands, number of type of trees, crops, other structures, etc. for assessing its value by the DC.
2.7.1 Impact on Land
31. Lot-I of the Project requires a total of 494.75 kanal (61.84 acre) of land in the four mouzas of Topi and Swabil Tehsils of District Swabi that is owned/claimed by 89 DPs. Of which, 361.95 kanal (45.24 acre) is rain-fed land that is owned/claimed by 67 DPs, 79.2 kanal (9.90 acre) is irrigated land that is owned/claimed by 15 DPs and 53.6 kanal (6.70 acre) is uncultivable land that is owned/claimed by 7 DPs. The details on DPs (land owners) and impacted land of different categories in each mouza of Lot-I are shown in Table 2.2.
Table 2.2: Lot I - Category of Impacted/ Acquired Private Land Mouza-wise
No. of Land to be Land to be S. Category-wise Private DPs Mouza Acquired Acquired No. Land (Land (in Kanal) (in Acres) Owners) 1 Rain-fed (barani) land 21 143.55 17.94 1 2 Maini Sharqi Irrigated (chahi) land 9.45 1.18 Uncultivable (ghair 2 3 11.15 1.39 mumkin) land 4 Malik Abad Rain-fed (barani) land 16 69.70 8.71 5 Rain-fed (barani) land 10 16.40 2.05 8 6 Pabini Irrigated (chahi) land 19.05 2.38 Uncultivable (ghair 4 7 34.60 4.33 mumkin) land 8 Rain-fed (barani) land 20 132.30 16.54 9 Irrigated (chahi) land 6 50.70 6.34 Maini Gharbi Uncultivable 10 (ghair mumkin) 1 7.85 0.98 land Total 89 494.75 61.84 Source: Revenue Department, District Collector Swabi December 2018
32. In addition to the 89 landowners, there are also 10 leaseholders losing 3.18 acres of rain- fed land, 40 share croppers losing 14.68 acres of rain-fed land and 16 tenants losing 4.28 acres of rain-fed land who will be affected by the loss of agricultural land.
33. An additional 3.55 kanal (0.444 acres) required for Lot-I is government land. The government land will be transferred to KPID through issuance of NOC (no-objection certificate) from the respective departments. During the survey, no encroachments were noted in the affected government and private land.
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34. The Project area is comprised of different categories of land. Almost all the land is fertile and fit for agriculture although most affected agriculture land in Lot-I is rain-fed and only cropped once a year during the rabi (winter) season. Tube wells are used to irrigate 9.90 acres of agricultural land during the summer (kharif) season. In this regard, the average crop yield varies among the mouza of Lot-I area.
35. Based on the survey, 130 DPs (including 64 land owners, and 66 lease holders, share croppers and tenants) are losing 10% or more of agricultural land (productive) are considered significantly affected. The reason for the large number of significantly affected DPs is because of very small landholding. Many landowners own less than 2 acres of land. The remaining 18 DPs (only land owners) are losing less than 10% of agricultural land and are considered marginally affected. The remaining 7 DPs (land owners) are losing their uncultivable (ghair mumkin) land which is non-productive. No DP is left with unviable land parcel so that their entire land is to be acquired. The degree of impact on agricultural land has been calculated and the summary is given below in Table 2.3.
Table 2.3: Degree of Impact on Agricultural Land in Lot-I
Number of DPs (Productive Agriculture Land) Percent of Agricultural Land to be Leaseholders, Total Acquired from Total Land Percent Landowners Share croppers, and Tenants 10% and above (significantly affected) a. 10 to 30 % 48 46 94 64 b. 31 to 70 % 16 16 32 22 c. more than 70% 0 4 4 3 Less than 10% of land (marginally 18 0 18 12 affected) Total 82 66 148 100 Source: Socio-economic survey of PIC, January 2019
2.7.2 Impact on Private Structures
36. Two (2) privately-owned structures (small flood protection wall) of block masonry owned by two (2) DPs in Mouza Pabini will be affected. The detail of the structures is given in Table 2.4. Their prices have been assessed by concerned department and incorporated in the LARP budget.
Table 2.4: Private Structures in ROW of Lot-I
S. Project Location/ Affected Size of Ownership Type of Tehsil No. Component Muza Structures Structure Status Construction
Janda Boka Main flood pacca 1 Canal-01 (JB- Pabini Swabi protection 2.71 (M3) private (masonry MC-01) wall block) Janda Boka Main flood pacca 2 Canal-01 (JB- Pabini Swabi protection 4.16 (M3) private (masonry MC-01) wall block)
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2.7.3 Impact on Crops
37. Of the cultivated land, 361.95 kanals (45.244 acres) are rain fed and 79.2 kanals (9.9 acres) land are irrigated through tube wells. Wheat is the only crop planted on these land. Wheat crop yield is better in irrigated land as compared to rain-fed land. A total of 82 landowners, there are also 10 leaseholders, 40 share croppers and 16 tenants stand to lose income from crops. Keeping in view the impacts on the crops, the crop compensation will be provided according to the affected land of crop as assessed by DPAC/ DC (District Price Assessment Committee/ Deputy Commissioner) Swabi. The crop land and yield are given in below Table 2.5.
Table 2.5: Area of Cropped Land and Crop Yield in Lot-I
Average Yield Average Average Income Category of Crop Area Crop In Kilogram/ Price of Crop Derived/ Acre Land in Kanal Kanal (PKR) (PKR) Rain-Fed 361.95 71 24,013 Wheat 1700/ 40kg Irrigated 79.2 116 39,312 Total 441.15 Source: Survey by PIC team, January 2019
2.7.4 Impacts on Trees
38. Privately-owned trees will be uprooted from the ROW of the entire Lot-I. Mature trees will be removed before handing over the ROW to the contractor. Twenty-five DPs will lose 660 non- fruit trees, while 12 DPs will lose 140 fruit trees. The fruit trees were mostly used (70%) for domestic use. The fruit trees are peach, guava, orange and apricot. More than 90% of the non- fruit trees are wood and timber trees which have been assessed by the Forest Department. The owners of these trees will be compensated according to the assessment by the Forest Department as shown in Table 2.6 provided by the District Collector, Swabi.
Table 2.6: Non-Fruit and Fruit Trees under impact in Lot-I
Category of DPs Number of S. No. Total Price (Rs) Trees Trees 1 Non-Fruit Trees 25 660 1,319,944 2 Fruit Trees 12 140 46,055 37 800 Total 1,365,999
Source: Assessment of Trees by Forest & Agriculture Department, November 2018
2.7.5 Summary of Affected Assets and DPs
39. Overall, there are 155 DPs who are the actual owners, occupants and users of affected land and structures in Lot-I. These include 89 land owners who will lose a total of 61.84 acres of land. A total of 82 landowners, 10 leaseholders, 40 share croppers and 16 tenants will also lose crops. Thirty-seven DPs will lose trees, while 2 DPs will lose portion of their flood protection wall. There is no physical displacement of any DPs. No DPs has been identified to lose hundred percent of land or left with the quantum of land unviable. Ten laborers may get affected by project. A summary of the impacts and DPs is shown in Table 2.7.
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Table 2.7: Summary of Affected Assets and DPs
No. Affected Asset Unit Quantity No. of DPs
1 Land
a. rain-fed (barani) agricultural land Acre 45.24 67 landowners
b. irrigated (chahi) agricultural land Acre 9.90 15 landowners
c. uncultivatable (ghair mumkin) land Acre 6.70 7 landowners
d. government-land Acre 0.44 -
e. severely-affected (10% or more of Acre 55.14 130 landowners, productive land) leaseholders, sharecroppers and tenants
2 Crops
a. irrigated land planted with wheat Acre 9.9 15 DPs
b. rain-fed land planted with wheat Acre 45.24 133 DPs
3 Trees
a. Non-fruit trees No. 660 25 DPs
b. Fruit trees No. 140 12 DPs
4 Structures (flood protection wall) cubic 6.87 2 DPs m.
5 Employment (farm laborers) 10 farm laborers
Table 2.8: Summary of Affected Assets
No. of HH S.No. Item Unit Quantity Affected I LAND 1 Residential Land (Urban Area) - m2 - 2 Residential Land (Rural Area) - m2 - 3 Agricultural Land i) Rain-fed Land 133 m2 183,079.78 ii) Irrigated Land 15 m2 40,063.88 iii) Uncultivable Land 7 m2 27,113.94 4 Other Land i) Government Land Govt. m2 1,780.62
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No. of HH S.No. Item Unit Quantity Affected II Structure 1 RR stone Masonry (Dry) 1 m3 2.71 2 PCC Block Masonry in CS 1 m3 4.16 3 Temporary - m3 - 4 Other - m3 - 5 Graves - m3 - III Infrastructure 1 Electricity Line - km - IV Crop, Trees 1 Crop 148 m2 223.143.66 2 Trees i) Fruit-Trees 12 Number 140 ii) Non-Fruit Trees 25 Number 660 Table 2.9: Number of HH with Production land affected
Category of < 10% of total Land 10% - 70% >70% Total land Affected
Number of of Number of Number % AHs of of Number of Number % AHs of of Number Number of % AHs of of Total APs Total % AHs of AHs APs AHs APs AHs APs AHs Rain-fed 18 123 12 111 759 72 4 27 3 133 909 86 (barani) land
Irrigated 0 0 0 15 103 10 0 0 0 15 103 10 (chahi) land
Uncultivable (ghair 1 7 0.65 6 41 4 0 0 0 7 48 5 mumkin) land
Grand Total 19 130 12 132 903 85 4 27 3 155 1060 100
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Table 2.10: Summary of Impacts
Number of Number Item Unit Quantity Affected HHs I Land 1 Agricultural land 148 m2 223,143.66 2 Residential Land - - - 3 Production forest land - - - 4 Other land Govt. m2 1,796 II Structure 5 Temporary House - - - 6 Other Structure 2 m3 6.87 III Crops and trees 1 Crops 148 m2 223,143.66 2 Forest trees (Non-Fruit) 25 Number 660 3 Other Trees (Fruit) 12 Number 140 IV Loss of Business - - - PKR V Number of Vulnerable HH 36 1,620,000 15000/month Number of HH severely Affected VI 130 Number 55.14 Entitled to Income Rehabilitation
VII Collective assets and public works - - -
VIII Relocation Requirement - - -
2.8 Asset Valuation
40. For this LARP preparation, the valuation survey was undertaken by the concerned department for estimating the unit rate for compensation for different types of losses such as land, structures, trees, crops, etc. Actual valuation for the specific affected land has been done by the District Price Assessment Committee (DPAC). Notification on the formation of DPAC is at Annexure-7.
2.8.1 Valuation of Land
41. As indicated earlier, Lot-I will affect 494.75 kanal (61.84 acre) of private land. The prices per kanal for pressure pipe, main canal and its distribution system were assessed by the DC according to category of land in all four mouzas of Lot-I. The following detailed table shows the current price of different category of land which is provided by the DC through DPAC determined the price of land according to the categories of land and prices/rate as provided in Table 2.11.
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Table 2.11: Valuation of Land (Mouza and Category-wise) by District Collector, Swabi
S. Mouzas of Lot- Category of Total Land under Unit Rate/ No. I Land in Lot-I Acquisition (Kanal) Kanal in Rs Rain-fed 1 143.55 511,877.0 (barani) Irrigated 2 Maini Sharqi 9.45 563,261.0 (chahi) Uncultivable 3 11.15 180,400.0 (ghair mumkin) Rain-fed 4 Malik Abad 69.7 141,206.0 (barani) Rain-fed 5 16.4 198,000.0 (barani) Irrigated 6 Pabaini 19.05 264,000.0 (chahi) Uncultivable 7 34.6 88,000.0 (ghair mumkin) Rain-fed 8 132.3 511,877.0 (barani) Irrigated 9 Maini Gharbi 50.7 563,261.0 (chahi) Uncultivable 10 7.85 180,400.0 (ghair mumkin) Total 494.75
2.8.2 Valuation of Structures
42. Two small flood protection walls will be affected in Lot-I. The District Building Department/C&W valuated the structures as shown in Table 2.12. Depreciation will not be deducted in calculating the compensation for these structures.
Table 2.12: Valuation of Structures
Type of S. No. Description Unit Unit Rate (Rs) Amount (Rs) Construction 1 Flood protection wall M3 (2.71) Pacca 5,384.76 14,593 2 Flood protection wall M3 (4.16) Pacca 5,936.29 24,695
2.8.3 Valuation of Crops
43. Standing crops is being affected in Lot-I which has been surveyed and valuated by the committee and concerned department. The valuation thereof has been incorporated in the resettlement budget. As per policy of compensation of crops would be paid as envisaged in the ADB SPS. The affected crop compensation for Lot-I under acquisition per kanal was valuated and assessed in Table 2.13.
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Table 2.13: Valuation of Crop Land Mouza-Wise
S. Quantity Unit Rate Mouzas Crops Unit Amount (Rs) No. (Kanal/ Acre) (Rs) 1 Malik Abad Wheat Kanal 69.7/ 8.71 10282 716,624.73 Maini 2 Wheat Kanal 153/ 27.39 10,411 1,592,850.00 Sharqi Maini 3 Wheat Kanal 183/ 22.87 7,422 1,358,192.00 Gharbi 4 Pabini Wheat Kanal 35.45/ 4.43 17,594 623,700.00
Total 441.15/ 55.14 4,291,366.73
2.8.4 Valuation of Trees
44. A committee was constituted by the project director PHLCE Project, vides PMO PHLCE No.642/PMO/PHLCE/2G, dated 4 October 2018 to count and valuate the standing orchards, trees and structures and affected crops. Assessment of the trees and crops were recorded at site. The survey team has enumerated and valuated the affected trees which has been reflected in the resettlement budget of the LARP as received from the office of DC Swabi. Details are given in below Table 2.14 and Table 2.15.
Table 2.7: Affected Non-Fruit Trees in Lot-I
Type of No. of Total S. No. Volume (CFT) Rate/ Unit Trees Trees amount 1 Berry (wild) 4 123 89.02 10950 2 Gul Toth 99 1463.85 77.99 114163 3 Bamboo 41 75 50.00 3750 4 Bekyanra 195 969.58 91.80 89010 5 Tooth 92 5320.1 121.12 644385 6 Phullai 12 767.2 90.54 69459 7 Sreikh 43 698.2 122.76 85708 8 Ailanthus 36 593.7 116.54 69192 9 Sheshim 20 341 575.17 196132 10 Kekar 1 4 50.00 200 11 Eucalyptus 12 32.5 103.54 3365 12 Popular 47 155.7 73.30 11413 13 Wild Injeer 58 273.55 81.22 22217 Total 660 10817.38 1643.00 1,319,944 Source: Assessment of Trees by Forest & Agriculture Department, November 2018
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Table 2.8: Affected Fruit Trees in Lot-I
S. No. Type of Trees No. of Trees Average Rate in PKR Total Amount 1 Peach 59 464.05 27,379 2 Apricot 19 286.84 5,450 3 Orange 48 226.58 10,876 4 Guava 14 167.86 2,350 Total 140 1145.33 46,055 Source: Assessment of Trees by Forest & Agriculture Department, November 2018
2.8.5 Physical Displacement of DPs
45. No displacement in housing or relocation will occur as a result of the implementation of Lot-I.
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¡ ¦ §¨§¡© ¨ ¥ © ¥¡ ¢ © ¦ ¦ ¢ ¦ ¢ 3 SOCIO- ¡ ¢£¢¤¥¡
46. The analysis is based on the findings of the socio-economic survey of 155 DPs. The study aimed to assess the present condition of the DPs and to appraise the project impacts on their livelihood. This section provides information on the demographic characteristics, education,
health, occupations, sources of income, pattern of household expenditures, etc. of the DPs households. Information on the 9 DPs who refused to be interviewed was obtained through their neighbors and owners of adjacent land.
3.1 DP s Household Composition
47. Among the surveyed households, there are slightly more males (54%) than females (46%) members. Around 18% of the household members are children below 10 years of age. The average household size works out as 7. About 469 household members (54%) are in the working age population out of the 155 HHs. The remaining 3% are elderly members.
3.2 Education and Literacy Levels of Members of DPs Households
! " #$" " %" & %' & ( ) & % %' & * 48. 21% have primary level of education. Another 15% of the household members have middle level education, 16% has matriculation level of education, 8% has intermediate level, 7% has reached
graduate level education and 2% are postgraduates. The illiterate population was recorded at
+, ( - ' & ' ' ". / /& ' & %' &/0 % 1 %" ! " #$" households is provided in Table 3.1.
Table 3.1: Literacy Rate and Education Level of Members of DP2 3 Households
S. No. Education Level Number Percent 1 Primary 217 21 2 Middle 156 15 3 Matriculate 174 16 4 Intermediate 87 8 5 Graduate 70 7 6 Post Graduate 26 2 Total Literate 730 69 7 Illiterate 131 13 8 Children up to 10 years 191 18 G. Total 1,060 100 Source: socio-economic survey by PIC January 2019
3.3 Income and Expenditure of the Sample Respondents
49. Due to scarcity of water the lands are becoming barren and most farmers depend on rains for cultivation. Their cultivation is associated with the intensity of rains. Due to shortage of water and disappointment from yearly low crop yields, many of them have adopted occupations other than farming for their livelihoods. The occupations have been categorized based on primary
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source of income. The sample survey has revealed that 75% of the DPs are engaged in farming and its related activities including livestock rearing etc., followed by the pension holders and service providers with 3% and 7%, respectively. A reasonable proportion of DPs (10%) work as laborers, followed by those working in the government and private sectors (2%). A small percentage of DPs (3%) are involved in business like shop, hotel, and poultry farm. The average monthly income comes out Rs.33, 041. Among the surveyed DPs, 12% were found having monthly income below the official poverty line (OPL of rupees 15,000/ month (Federal Finance Budget Bill 2018-19). Table 3.2 below shows the occupation and the average monthly household
income of the surveyed DPs.
¢ £¤¥ ¦ §¤¨© Table 3. 2: Occupation of DPs and Average Monthly Income ¡
Number of Average Monthly Occupation Percent S. No. DPs Income per HH (Rs) 1 Agriculture 114 76 19,256 2 Pension holders 7 3 33,243 3 Service Providers (artisan) 11 7 32,211 4 Laborers 18 12 13,467 5 Govt./ Pvt. Employees 3 2 43,345 6 Business 5 2 48,324 Total 155 100 31,641 Source: socio-economic survey by PIC January 2019 The explanation to various occupation categories is given below:
(i) Agriculturist: (75% of surveyed DPs)
50. In the rural society, land is considered a mark of prestige and mode of power to influence other. As a person has a large piece of land, he possesses influence and power to control other peoples. The DPs under this occupation category will lose their land permanently. Livelihood restoration support to facilitate these DPs in looking for alternative income sources and linking with relevant agencies will be needed. They will be employed in the project activities directly as skilled and skilled labor on priority basis and also linked their services with other external agencies during the time of implementation of project as well as enhancement in crops yield per acre and their productivity.
(ii) Pension Holders (4% of surveyed DPs)
51. The district Swabi is famous due to presentation of its population in various government departments. Due to barren land, most of the people joined Pakistan army and other government organization for their livelihood. They have also small piece of land that is not sufficient to fulfill domestic expenditures like kitchen grocery, clothing, education of the children and other social obligations. They are least bothered about their small piece of land to be acquired for the project, because they rely on their pension to support them.
(iii) Service Providers (7% of surveyed DPs)
52. These DPs also belong to a farming community. But because the low income from land never supported fully to their family needs, so they were forced to adopt different occupation by
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which they can earn more than that of small piece of land. Their source of livelihood will not be affected by the project.
(iv) Laborers (10% of surveyed DPs)
53. These DPs were found on daily base job opportunity for their livelihood. They are happy with the project as they would be able to get a job for a long time. These DPs will be compensated against losing their land or structures as per ADB SPS.
(v) Govt./Private Service (2% of surveyed DPs)
54. Out of total DPs, this category is spending their lives comfortably as they have permanent source of income by which, they can fulfill their domestic expenses easily. They also are least bothered about the acquisition of their lands. However, they will be compensated as per ADB policy.
(vi) Business: (3% of surveyed DPs)
55. In Lot-I of the project there are no DPs who will experience loss or disruption of their business as a result of the project. Therefore, no need to compensate their business in the entire Lot-I.
The baseline information relating to the household expenditure pattern in respect of DPs population is shown in Table 3.3.
Table 3. 3: Expenditures of DP ¡ Households
Expenses S. No. Description of Expenditures Monthly (Rs.) % of Total Expenses 1 Food Expenses 3,459,000 57 2 Non-Food Items 1,596,300 26 3 Utilities 729,840 12 4 Health Care 309,686 5 Source: Survey by PIC January 2019
56. Expenditure on food and non-food items comes to about 83% of their total expenses. Expenses on utilities and health care is 12% and 5% of the total household expenditure, respectively. The total annual expenses per AHH calculate to 76 percent of the average annual income per AHH depicting a saving rate of about 20%. Most of the families spend their savings on social obligations, construction of pacca house on priority followed by education of their
children, purchase of motor cycle, purchase of refrigerator, marriage of siblings, purchase of ¦§¨¤ ©¦§ ¤ mobile phone, etc. ¢£¤ ¥ are generally spending less than their income that allows them to have an average saving of about 20% of their income.
3.3.1 Land Holding Status of DPs
57. The 57% of the DPs are landowners, 7% are leaseholders, 26% are share croppers and 10% are tenants on the affected land. The landholding tenure is low in the project area and on
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that basis 68% of the landowners hold land less than 2 acres. Only 32% are landowners with landholding of up to 10 acres. Table 3.4 shows the landholding status of the surveyed DPs.
Table 3. 4: Land Holding Status of Surveyed DPs
Sr. No. Categories No. of DPs 1 Owners 89 2 Leaseholders 10 3 Share croppers 40 4 Tenants 16 Total 155
3.3.2 Vulnerable Households
58. The distinct people who might face the risk of marginalization and suffer disproportionately from resettlement affects, including the women, children, destitute persons, squatters; those with historical or cultural rights; and landless groups. For this project, households that are below the poverty line, households headed by women or elderly are considered vulnerable households.
59. Out of 155 surveyed DPs, 36 DPs are considered to have a vulnerable household based on their socio-economic profile. These include 18 DPs with monthly household income below the official poverty line (OPL) as PKR 15,000/month, 2 DPs from a woman-headed household and 16 DPs from a household headed by an elderly. Vulnerable households are entitled to receive vulnerable household assistance. Vulnerable allowance has been incorporated in the budget at Table 3.5.
Table 3. 5: Categories of Vulnerable Households among the Surveyed DPs
S. No. Categories No. of DPs Percentage 1 Poor (income below the OPL) 18 50 2 Women-headed household 2 5 3 Elderly-headed household 16 45 Total 36 100
3.3.3 Ethnicity
60. Almost all DPs belong to Pashtun tribes of Yousafzai. Majority of them belong to the sub tribes of mohmand, afghan, bajwari, utman khel, gujar, lohar and umarzai which are dominant in the area. All DPs are muslims. These tribes and subtribes are more like kinship groups and castes that are mainstreamed into the general Pakistan culture and society. None of these groups identify themselves as distinct indigenous cultural group with collective attachment to a distinct habitat and customary cultural and social institutions that are separate from the general Pakistan culture. Hence, none of the DPs may be considered as indigenous people as defined under ADB SPS.
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3.3.4 Available Social Amenities in the Project Area
61. Electricity is available in the project area. However, not all households have access. Around 4% of the surveyed households have no access to the electricity. Among those with access, only 79% are satisfied with the electricity supply. Educational facilities are available in the area and is accessed by 95% the respondents. Out of them, 97% were satisfied with the quality of services, while 3% showed their dissatisfaction. Health care facility in shape of BHUs and RHCs is available to about 73% of the surveyed population. Out of these, 96% are satisfied with the available health facilities. Availability of sewerage/drainage facility was reported by 33% of the respondents and about 46% are satisfied with the quality of services provided. Other amenities like gas and telephone are partially available in the project corridor. The information in respect of access to social amenities and their quality of services is given in Table 3.6.
Table 3. 6: Access to Social Amenities in Lot-I Project Area
S. No Facility Available (%) Not Available (%) Satisfactory (%)
1 Electricity 96 4 79
2 Gas 8 92 50
3 Water Supply 26 74 90 4 Telephone 14 86 84
5 Sewerage 33 67 46
6 BHU 73 27 96
7 School 95 5 97 Source: Survey by PIC Consultants January 2019
3.3.5 Housing Conditions
62. Housing conditions of the respondents have been analyzed according to the type of houses in which they are residing. These are categorized as pacca, semi-pacca and kacha. A house or building with concrete and/or bricks or blocks falls in pacca category. House or building constructed with burnt bricks and mud comes under semi-pacca category, whereas a house constructed with un-burnt bricks and mud or temporary wooden poles etc. is categorized as kacha.
63. Almost half of the respondents (49%) live in pacca houses, followed by 19% living in semi- pacca and 32% in kacha houses. The reason of constructing pacca houses is that hilly flood water damages the kacha house rapidly. The peoples are forced to build their structures as pacca which is long lasting.
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¡¢£¤¥¦ § ¨¢¦©¥ ¥ ¢¦ ¢ £ © ¤ Table 3. 7
S. No Housing Condition No. of Structures Percentage
1 Pacca 76 49
2 Semi Pacca 29 19
3 Kacha 50 32 Total 155 100
3.4 Gender Survey
64. According to the 6th population and housing census of 2017, the female population of Khyber Pakhtunkhwa province and District Swabi are 49.3% and 49.7%, respectively. In the rural society, female plays important role in managing the household from home chores to work in the fields and taking care of the livestock. Rural women are major contributors in four sub-sectors of the rural economy; crop production, livestock rearing, cottage industry and household & family maintenance activities such as fetching water, fuel collection and fodder for livestock, food preparation & preservation and caring for children. Most of their work and labor does not carry weight, unrecognized and unappreciated.
65. This is culturally prevailing in the country and in project area that assets and properties are managed and controlled by the male of the household. Men are usually the title holders of the land, although there are also many cases where women are also title holders. 100% of the respondents indicated that women alone cannot sell or purchase their properties. Mostly, the males carry out such activities. Females are dependent to their male members for land matters. Beside this, the females of the households are the responsibility of their male members. In case of relocation from HH structures, the females will follow the decisions of their male members.
66. Keeping in view the important role of the female in the household as well as in the society, consultations with women were also conducted in 3 settlements in September 2018 to record their views (list of participants and photographs are presented in Annexure-8. During interviews and consultation, data was also collected to ascertain female social status and gender issues. Locations and number of participants for the gender consultations is provided in Table 3.8:
Table 3. 8: Locations and Number of Participants of Consultations with Women
S. No. Location No. of Women Participants 1 Pabini 10 2 Maini 12 3 Malik Abad 5 Total 27 Source: Survey by PIC Jan. 2019
67. Women participate in various activities including household activities, child caring and importantly in income generation activities like management of livestock and fields work in the season of sowing and harvesting of crops. A very low (4) number in females was reported in the government and private sector to help their male members in managing the household expenses
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who were serving as teacher in private schools and in a hospital. These females belong to villages Maini, Pabini and Malik Abad.
68. Data regarding education of the females revealed that there were no constraints for females in going to schools and colleges except they have to travel a lot to the nearby villages and cities for higher education. In spite of that, the trend of getting education is increasing in the area and parents treat boys and girls equally in getting education. It was also observed that the participants are not satisfied with the available health facilities. There is no proper and equipped health center for the females. Women have no choice but to rely on traditional practitioners and midwives.
69. It was also derived from the consultations that some NGOs provide social services to the community members especially to the females. The National Rural Support Program (NRSP) of PPAF program and KFW along with local support organizations are working in the Project area and playing pivotal role in poverty alleviation through soft and hard activities for the females in the community on education, infrastructure and health sectors.
70. No gender-based violence issue was noted by the PIC during the survey. The credit goes to vibrant media to create awareness to stop such malpractice. The collected data revealed that the most pressing needs of women were the availability of proper health, education facilities (College nearby) in the area. They were explained their mobility and privacy will not be disturbed
as the working site is away from their residence.
§ ¡¨ £ © ¤ 3.4.1 ¡¢£¤¥¦ Socio-economic Activities
71. The survey data revealed that the participation rate of women in various socio-economic activities in the project corridor is generally high, 100% in case of household activities and child caring. Their participation rate in case of property matters, social obligations, farm activities and livestock rearing stood at 50%, 80%, 50% and 35%, respectively.
72. As far as decision making for different activities is concerned, their involvement in case of child caring matters and household activities was highest;100 percent whereas, in case of farm
activities/ matters was at lowest; about 50 percent. For other matters, the involvement of the
women was between these two limits. Information in r decision making in the routine socio-economic life is presented in Table 3.9.
Table 3. 9: Role in Socio-economic Activities
S. No. Item Participation (%) Decision Making (%) 1 Household Activities 100 95 2 Child Caring 100 98 3 Farm/ Crop Activities 50 15 4 Livestock Rearing/up keeping 35 28 5 Sale & Purchase of Property 50 50 6 Social Obligations 80 75
3.5 Conflict Resolution Mechanism in the Project Area
73. Generally, local disputes are settled through Jirga (Maslehat) (Negotiation). The Jirga is an informal structure but well organized conflict resolving mechanism exists in the Project area.
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At present this system has been regularized in the prevailing local bodies system. Yet most of the conflicts and disputes are being settled through Jirga and District Dispute Resolution Committee. According to the Jirga mechanism, the influential of the area, a community representative (Chairman/ Counselor), local religious leader, village malik, after hearing the parties, play their role to resolve the reported dispute/ conflict with mutual consensus. If any of the party is not satisfied with the decision of the Jirga, then they are free to lodge complaint to police station or court of law or DDRC. Generally, the people prefer to settle their disputes through the Jirga to avoid from long enmity, wastage of time and resources.
3.6 Indigenous Peoples (IP)
74. No indigenous people or community has been existed in the entire Lot-I of project area
¨ ¢ © § £¤ ¢¥¡ ¡¡ ¢£¤¥¦§
3.7 Impact on Historical, Cultural and Religious Structures
75. During assessment and detail measurement surveys none of the historical, cultural or religious places/ structure or its part existed in the entire Lot-I project area.
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4 LEGAL FRAMEWORK, POLICY AND ENTITLEMENT
4.1 General
76. This section describes national and local laws and regulations that apply to the project, identifies gaps between local laws and ADB's policy requirements, and discusses how gaps are addressed; describes the methodology for determining valuations and compensation rates at replacement cost for assets, incomes, and livelihoods; and describes the land acquisition process
and proposes a schedule for meeting key procedural requirements.
¨¡© ¡ ¦ ¡ ¥£¦ ¤ ¦ ¨ ¡¦ £ ¤£¥£¦ ¡¦ ¤ ¥¥ ¦ 4.2 ¡ ¢ £¤¥¡¦§¤ t
4.2.1 Constitution of the Islamic Republic of Pakistan (1973)
77. The Constitution of Pakistan (1973) clearly addresses the protection of property
rights (Article 24) that it includes no person shall be compulsorily deprived of his property save
in accordance with law and o property shall be compulsorily acquired or taken possession of
save for a public purpose, and save by the authority of law which provides for therefore and either fixes the amount of compensation or specifies the principles on and the
manner in which compensation is to be determined and given. Further, Article 4 (sub- ! clause/a of 1) states that: o action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
4.2.2 Land Acquisition Act (1894)
78. The Land Acquisition Act (LAA) of 1894 is the de-facto legal instrument governing resettlement and compensation to DPs. However, it does not provide for the Project to give due consideration to social, cultural, economic, and environmental conditions associated with resettlement. Although LAA lays down detailed procedures for acquisition of private properties for public purposes and compensation, it does not extend to resettlement and rehabilitation of persons as required by donor agencies including ADB. Further, experience in other projects has established that compensation stipulated in the law may not be adequate to provide for equal or enhanced living status to resettled DPs.
79. Based on the LAA, only legal owners and tenants registered with the land revenue department or with formal lease agreements are eligible for compensation/livelihood support. For those without title rights, there are no laws in Pakistan or KP province. The LAA does not openly mandate for specific rehabilitation/ assistance provisions benefiting the poor, vulnerable groups, nor does it overtly provide for rehabilitation of income/livelihood losses or resettlement costs. This, however, is often done in many projects through ad-hoc arrangements negotiated between a specific EA and the DPs.
80. The law deals with matters related to the acquisition of private land and other immovable assets that may exist on it when the land is acquired for public purpose. The right to acquire land for public purposes is established when Section-4 of the LAA is triggered. The LAA specifies a systematic approach for acquisition and compensation of land and other properties for development projects. It stipulates various sections pertaining to notifications, surveys, acquisition, compensation and apportionment awards along with dispute resolution, penalties and
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exemptions. Surveys for land acquisition are to be disclosed to the displaced persons. The Salient features of major sections of the Act are given in Table 4.1
Table 4.1: Salient Features of Pakista ¡ s LAA 1894
Key Sections Salient Features of the LAA 1894 of LAA
Publication of preliminary notification that land in the locality may be needed for public Section 4 purpose and makes it lawful to conduct survey on the land.
Section 5 Formal notification of land needed for a public purpose.
Section 5a Hearing of objections to the land acquisition Section 6 The Government makes a formal declaration of intent to acquire a particular land.
The Land Commissioner directs the Land Acquisition Collector (LAC) to take Section 7 order the acquisition of the land.
The LAC directs the land acquired to be physically marked out, measured and Section 8 planned.
The LAC gives notice to all DPs that the Government intends to take Section 9 possession of the land and if they have any claims for compensation then these claims are to be made to him at an appointed time.
The LAC records statements of the DPs in the area of land to be acquired or any Section 10 part thereof as co-proprietor, sub-proprietor, mortgage, and tenant or otherwise.
The LAC makes enquiries into the measurements, value and claim and issues
£ ¤ Section 11 the final ¢ award . The award includes the land s marked area and the valuation of compensation. Section 12 LAC gives notice of final award to persons interested in the acquired land.
When award is made, LAC takes possession and the land shall thereupon vest Section 16 absolutely in the Government, free from all encumbrances
Special power in case of emergency to take possession of any land needed for Section 17 public purposes or for a company. In case of dissatisfaction with the award, allows DPs to request the LAC to refer Section 18 the case onward to the court for a decision. This does not affect the Government taking possession of land.
Relates to matters to be considered in determining compensation including i) market value of land, ii) loss of standing crops, trees and structures, iii) any damage sustained at the time of possession, iv) injurious affect to other property (moveable or immoveable) or earnings, v) expenses incidental to compelled Section 23 relocation of the residence or business and vi diminution of the profits between the time of publication of Section 6 and the time of taking possession plus 15% premium in view of the compulsory nature of the acquisition for public purposes.
Relates to the determination of compensation values and interest premium for Section 28 land acquisition.
Allows the LAC to grant to persons having limited interest on the acquired land Section 31 other lands in exchange.
Section 48 If within a period of one year from the date of publication of declaration under section 6 in respect of any land, the Collector has not made an award under
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Key Sections Salient Features of the LAA 1894 of LAA section 11 in respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay be entitled to receive compensation for the damage suffered by him in consequence of the delay.
¡ ¢ 4.3 A ¡ ¢ s Involuntary Resettlement Policy A s Safeguard Policy Statement 2009
81. The Safeguard Policy Statement (SPS) aims to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all economically displaced persons in real terms relative to pre-project levels; and to improve standards of living of the displaced poor and other vulnerable groups. The SPS applies to all ADB-financed and/or ADB-administered sovereign and non-sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means, such as equity and/or guarantees.
82. The involuntary resettlement safeguards is triggered in case of physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (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.
83. The following principles are applied to achieve these objectives:
i. Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks;
ii. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced
person£ s concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.
iii. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based where possible, or cash compensation at replacement costs for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for
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assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.
iv. Provide physically and economically displaced persons with needed assistance, including (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.
v. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In r ural areas, provide them with legal and affordable access to land and resources; in urban areas, provide them with appropriate income sources and legal and affordable access to adequate housing.
vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.
¤ ¨ § ¡¢ ¥ ¤ ¨ ¨¦ §¦¡ ¨¦ ¦ viii. Prepare a resettlement plan ¡¢£¤¥ ¢¦§¨© income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.
ix. Disclose a draft resettlement plan or the compensation matrix, eligibility criteria or rates determined for the affected land, structures, trees etc., including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose t h e final resettlement plan and its updates to affected persons and other stakeholders.
x. Conceive and execute involuntary resettlement as part of a development project
or program. Include the full costs of resettlement in the presentation of project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.
xi. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. xii. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports
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4.4 Comparison of Key LAA and ADB SPS-2009 and Measures to Address the
Gap
¢ £ ¤ ¡¥¤¢¦§¨ © ¤ ¡
84. ¡ Law and ADB policy adhere not only to the objective of
§ £ ¨ © ¤ ¡ compensation for affected families, but also the objective of rehabilitation. § law is unclear on how rehabilitation is to be achieved and in practice the provision of rehabilitation
is left to ad hoc arrangements taken by the local governments and specific project
¢ £ ¢ ¡§¡ § ¥ § ¡ £§ ¤£§ ¢ £§¢ £ ¤ ¡ ¢ ¦ ¡ ¥ §¡ ¤¡ § ¢ £ ¥§ ¨ £¥ £§ and consultations undertaken with DPs, valuation and project specific grievance redress mechanism. Other gaps include requirement to compensate and assist DPs without legal rights to land, attention to vulnerable groups, indigenous people and severely affected DPs, importance given to gender issues, monitoring of resettlement implementation, and disclosure of resettlement plans and monitoring reports. In case of emergency acquisition under the LAA, people may be
displaced prior to being compensated and assisted. To clarify these issues and reconcile gaps
¡ ! © ¦¤¥"¨ ¢ £ ¢ § § § § £§ £ § ¢ £ #§ ¥ ¨ § ¡ £¤¡ between Paki ¡ compensation at replacement cost of all items, the rehabilitation of informal settlers and the provision of subsidies or allowances for DPs that may be relocated, suffer business losses or may be severely affected.
85. Difference between Pakistan s Law, ADB Policy and measures to address the differences or gaps are outlined in Table: 4.2:
Table 4. 2: Difference between Pakistan$ % Law, ADB Policy and Measures to Address the Differences or Gaps
Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the Project Compensation for land and DPs are to be Land valuation is to be based on other assets is based on compensated for all their current replacement (market) value with average values and losses at replacement an additional payment of 15%. The department unit rates that do cost, including transaction valuation for the acquired housing land not ensure replacement cost and other related and other assets is the full replacement market value of the property expenses, without costs, without deducting for depreciation, acquired. However, LAA deducting for keeping in view the fair market values, requires that a 15% depreciation. transaction costs and other applicable compulsory acquisition payments that may be required. surcharge supplement the assessed compensation. No provision for resettlement Requires support for Provision will be made to pay for expenses, income/livelihood rehabilitation of income resettlement expenses (transportation rehabilitation measures or and livelihood, severe and transitional allowances), allowances for displaced poor losses, and for compensate for loss of income, and and vulnerable groups. vulnerable groups. provide support to vulnerable persons and those severely impacted (considered to be those losing 10% or more of their productive assets). Squatters and informal Lack of formal title is not Squatters, informal tenants/leaseholders tenants/lease holders are not a bar to compensation are entitled to compensation for loss of entitled to compensation for and rehabilitation. All structures and livelihood and for
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Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the Project loss of structures, crops DPs, including non-titled relocation. If they occupied the land or DPs, are eligible for structures in the project area prior to the compensation of all non- cut-off date for eligibility for resettlement land assets if they assistance. occupied the land or structures in the project area prior to the cutoff date for eligibility for resettlement assistance. Has no specific requirement Requires the preparation Draft LARP is prepared prior to ADB for the preparation of a LARP of a LARP based on appraisal of the project. Final LARP is social impact assessment prepared based on detailed design and is and consultation with DPs a condition for awarding civil works elaborating on displaced contracts.
persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. No convenient grievance Requires the Will establish easily accessible redress mechanism except establishment of grievance redress mechanism available recourse of appeal to formal accessible grievance throughout project implementation that administrative jurisdiction or redress mechanisms to will be widely publicized within the court of law receive and facilitate the respective project area and amongst
resolution of DPs the DPs. concerns about displacement and other impacts, including compensation
There is no requirement for Requires that LARP LARP implementation will be monitoring resettlement implementation is monitored both internally and implementation and monitored and LARP and externally. Both internal and external disclosure of resettlement monitoring reports are resettlement monitoring reports will be plans and monitoring reports disclosed in an accessible disclosed. place and a form and language(s) understandable to DPs and other stakeholders.
Has an emergency provision Requires that DPs are Emergency provision of the LAA will that allows civil works to compensated and not be used in acquiring land for the proceed before provided other project. Civil works may only proceed compensation is paid resettlement entitlements after the LARP is implemented and
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Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the Project before physical or compensation for loss of assets and economic displacement. other allowances are fully paid.
4.5 Eligibility and Entitlements
¢£¤¥¦ § ¨¥ ¥ © © ¤ ¡ ¥ £¤ ©© ¥ © ¤¥ ¢ ¤ ¤ ¨¥ £ ¥ ¢ ¤ 86. Cut- ¡¡ - off date for each section that involves LAR impacts. The cut-off date shall be set and announced to prevent influx of outsiders and to avoid false and frivolous claims for compensation, relocation and livelihood rehabilitation entitlements. Any person who enters in the project land after the announced cut of date or any assets established in corridor of impact after cut-off date will not be eligible for compensation however, the affected persons will be served a prior notice to remove their assets and take the salvage free of cost.
87. In case of acquisition of land and land-based assets under LAA provisions, the cut-off date is the date of notification of land acquisition under Section-4 of the LAA in the official gazette. Each DP will be documented and issued identification as to confirm his/her presence on the proposed site/alignment of the project prior to the cut-off date and to avoid false and frivolous claims at the time of LARP implementation. The cut-off date was disclosed to the DPs through consultative meetings, focus group discussions, field surveys and other means of communication including face-to-face communication with communities in close coordination with the heads of the villages.
88. DPs 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. The persons holding or occupying the land/assets at the subproject site on or before the cut-off date and who face physical or economic displacement due to permanent or temporary loss of their assets including land, structures and other assets appended to the land or their livelihood whether full or partial as a consequence of land acquisition or eviction from public land (ROW) will be entitled for compensation and rehabilitation/income restoration provisions under the provisions of this LARP.
89. DPs may include (i) persons or legal entities with formal legal rights to acquired land and/or structures in entirety or in part, (ii) persons who have no formal legal rights to land and/or structures lost wholly or in part but who have claims to such lands that are recognized or recognizable under national law, and (iii) persons who lost the land or structure they occupy in entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The eligible DPs entitled for compensation under this LARP may include but not limited to the categories defined below:
Owners of land and assets i.e. structures (residential/commercial or of any other use) with formal legal title to land and the recorded occupiers/users of land/assets as provided in the land record registers and cadasters etc.;
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DPs whose rights are not formal or legal but whose claims are recognized or recognizable under national laws or customs will be eligible for compensation against their affected land/assets. Such DPs may include people who have customary usufruct right to the land that is held either by the community (collectively) or the state or people who have inherited, occupied, and utilized the land for generations but lack titles simply because the state has not formalized the land records and issued title to them.
DPs without formal legal rights or recognizable claims under national law and customs and may include all squatters, tenants, sharecroppers, and wage laborers. Although such DPs lack legal or recognizable rights to the land/asset but because of lost assets or impacted livelihoods they will be considered DPs eligible to receive compensation for assets other than land and resettlement assistance.
Cultivators or those whose livelihood is dependent on acquired land, business operators of affected commercial structures and their employees whether registered under law or informal and the identified vulnerable groups.
4.6 Entitlements
90. The entitlement matrix is prepared that will be implemented according to compensation
£¡¢¤ ¥¡¦ § ¨© ¡ ¦© ¢ eligibility and entitlements framework ¡¢ law/regulation and ADB Safeguard Statement Policy (SPS-2009).
91. Keeping in view the possible project impacts, the following compensation and other assistance/allowances would be permissible to the DPs as provided in (Annexure-5).
Affected structure/trees/land compensation.
Vulnerability/women-headed household allowance;
Crop compensation and additional crop compensation allowance;
Severity allowance.
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Table 4. 3: Entitlement Matrix for Compensation
Asset Specification Eligible Persons Compensation Entitlements
Cash compensation at replacement cost plus 15% compulsory acquisition surcharge (CAS) free of taxes, registration 89 Farmer/ and transfer costs; or Titleholder
(Land Land for land compensation through Owners) provision of plots of equal value and productivity as that of lost. (The final rates will be applied/determined by the District Revenue Department/BOR, Govt. of KP)
Cash compensation equivalent to 10 Lessee market value of gross harvest crop of the (registered or affected land for the remaining lease All land fall not) years, up to maximum of three years. under project 40 Share croppers
Impact Cash compensation equal to and 16 the market value of gross annual crop Tenants yield of lost land, proportionate to their (registered or share for two years. Agricultural not) Land,
10 agriculture Cash indemnity corresponding to their including workers salary for the remaining part of the uncultivable (registered or agriculture season up to maximum three waste land not) months. (permanent
No compensation for lost land. impact)
Squatters/ One rehabilitation allowance equal to Informal Setters (not market value of the gross annual yield of Applicable) lost land in addition to standard crop compensation.
64 Farmer/ Severe agricultural land impact Title holder 16 allowance equal to the market value of the tenant/ 10 gross annual yield of lost land for one land owners, Leaseholder year. Additional
40 Share cropper One severe impact allowance equal to provision for (registered or value of share of harvest lost (Additional DPs losing more not) to standard crop compensation) than 10% their
Agriculture total Agriculture workers, whose contracts Workers operational will be interrupted, will receive an (registered or agricultural indemnity corresponding to three months not) holding. of income.
One rehabilitation allowance equal to Squatters/Inform value of one gross harvest (In addition to al Settlers crop compensation) Land required All eligible Temporary
temporarily persons, as above Crop compensation for last season(s) impact on during civil (with and without and reclamation of land to original use. arable land works title)
Crop compensation based on full 148 users with or Crops grown All type of market rate for one-year harvest rabi without title or on land to be affected crops agriculture season based on Provincial registration acquired agriculture department.
Fruit trees: compensation for mature fruit- bearing trees will comprise of the All affected Trees Owner (37) market rate of the yearly crop yield trees multiplied by the number of years required to grow such a tree to the same productive
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Asset Specification Eligible Persons Compensation Entitlements level it was cut; and for immature trees that are yet to bear fruit compensation will be based on the gross expense needed to reproduce the tree to the same age it was cut.
Timber trees will be valued based on the market value of their dry wood volume. The wood of the fallen tree will remain with the owner and its value will not be deducted from the compensation.
For pacca Rs. 170/sqft, for semi Pacca All relevant DPs Rs.150/sq.ft and for kacha structure, Boundary All affected (including informal Rs.120/sq.ft. Boundary wall will be wall, floor etc. persons settlers)(2 DPs) calculated length x 5-6 ft height.
36 Poor and female-headed
Lump sum assistance allowance in cash Households Affected equal to 3 months OPL. and other Head of the
Vulnerable Temporary or permanent employment Vulnerable household Households during construction or operation, where households, feasible. Including the elderly, identified through the SIA
The next eligible DP will be his wife to get compensation.
No need to provide court succession letter, only death certificate verified by the affected persons committee will be In case of DP Headed of Any structure provided. Expires household
In case the DP was only person expires and no other family member recorded during the census survey, no other person will be entitled and compensation will be cancelled.
Dealt with as appropriate during project Unidentified Unanticipated All DPs implementation according to the ADB Losses impacts Safeguard Policy. * OPL. Official Poverty Line as declared minimum wage by the Government (2018-19)
4.7 Compensation for DPs with Legal and Administrative Impediments
92. A condition for commencing civil is the completion of compensation payments and provision of allowances to DPs. However, there are cases when compensation cannot be disbursed to certain DPs due to a number of legal and administrative impediments. DPs who are unable to receive their compensation include:
i. DPs who did not accept the award due to objection to (a) the measurement of the land or affected asset, (b) the amount of compensation, (c) the person to whom it is payable, or the apportionment of the compensation among the persons interested;
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ii. Absentee land owners (DPs living overseas or in other parts of the country), and without an authorized representative to collect compensation; iii. DPs with pending inheritance mutations; iv. DPs unenthusiastic to collect meager compensation amount; v. DPs unable to alienate the acquired asset like juveniles with no legally documented guardian or due to other issues.
93. Compensation for both land and non-land assets is deemed to have been paid when the amount in cash or cheque has been provided to DPs or deposited into their bank account, or in the District Treasury ready to be withdrawn at any time the impediment is resolved.
94. Although compensation of these DPs is beyond the control of the PMO and are mainly dependent of the actions of the DPs or ruling/ decision from a third-party i.e. the court or BOR, PMO will exert good-faith efforts to (a) contact and notify DPs through their last known address, village heads or kins; (b) inform DPs who to contact or where to proceed to collect their compensation; and (c) explore possible actions that may help them receive their compensation.
95. The district collector with support from PMO/PIC, will undertake continued community consultations and outreach in order to locate, assist and guide DPs with legal and administrative impediments. Through these efforts with pending compensation payments, organizing village meetings, posting of notices in public places, serving notices at last known address of DPs and publishing the names of unpaid DPs in the print media is needed to demonstrate that due efforts were conducted in addressing cases with impediments.
96. Pending compensation payments, organizing village meetings, posting of notices in public places, serving notices at last known address of DPs and publishing the names of unpaid DPs in the print media is needed to demonstrate that due efforts were conducted in addressing cases with impediments.
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5 COMPENSATION, RELOCATION AND INCOME RESTORATION
5.1 General
97. This section deals with the compensations for affected land, structures and assets that have been proposed based on the findings of the census and socio-economic survey; and under the legal and policy framework of GoP & ADB guidelines. The LARP focuses on providing compensations for the lost assets and prescribes measures to restore their livelihoods to at least the same living standards of the DPs prior to the project. In Lot-I the overall livelihood will not affected wherever land is being acquired is not only compensated with the prevailing market rate but in addition to it the additional crops compensation and vulnerability allowances are also paid as per SPS 2009 of ADB.
98. Affected land and other assets will be compensated at replacement rate in a timely manner to ensure that DPs are able to adopt to the impact and are able to use the compensation for alternative or supplemental source of income for their household. For DPs losing 10% or more of their agricultural land, a severity allowance equivalent to one-year crop income loss will be provided as an additional support for them during the transition as they find alternative source of income.
5.1.1 Additional Assistance for Vulnerable Households
99. Based on the census survey a total of 36 DPs out of 155 have been identified as vulnerable. Out of these, 2 DPs were female headed household, 18 DPs were poor and below their income is below the OPL while 16 DPs were consider as elderly headed household. These DPs will be provided a one-time livelihood assistance allowance equal to 3 months OPL.
5.2 Livelihood Support Intervention Measures
100. The 130 DPs (64 landowners, 10 leaseholders, 40 sharecroppers and 16 tenants) who are severely affected (i.e. losing 10% or more of their productive assets) and 36 DPs belonging to vulnerable households may require livelihood support in addition to the compensation and
monetary allowances to help them to cope with their displacement. Related to this, members of
¤¥£ ¦ ¡§¨£¢ ¡§© £ ©© ¢ § ¢ ¡¢£¢ in getting employment as skilled/ unskilled labors during project implementation.
101. Prioritization in project-related jobs- A number of employment opportunities will be created during the construction phase, particularly for the un-skilled labor. The contractor will employ the un-skilled/skilled labor (male and female) from the local communities.
102. Under the Khyber Pakhtunkhwa Government employment policy, long-term/ permanent employment is provided to the DPs losing land on public developmental schemes. Similarly, after completion of the PHLCE project permanent/ long-term employment for maintenance and operation of the canal system will be provided to some of these DPs preferably losing land.
103. Training and Facilitation Support (water-use skills and farm management capacity improved in project area) under the output-2 of PHLCE project, the project Implementation Office (PIO/ KPAD) will provide various types of trainings, distribution of agri-inputs, formation of water
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user associations, construction of water courses, undertaking water user association trainings for efficient operation and maintenance and organization, establishment of 100 demonstration plots and conduct farmer field schools and farmers training in demonstration plots. Therefore, through agriculture or livelihood expert and other social mobilization team will be engaged and link such DPs with related livelihood support and training programs in the project area and provide alternative occupations or livelihood sources that they may explore. The livelihood restoration cost of PKR 1 million is also included in LARP-I budget.
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6 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
6.1 Project Stakeholders
104. There are two types of stakeholders, i.e. primary and secondary stakeholders. In accordance with the ADB guidelines, the primary stakeholders are the initial stakeholders, such as displaced persons (DPs), general public and women located within the vicinity of the project area. Public consultation was made with the local community/ general public along the project alignment and general positive response by these people/DPs was noted.
105. Under this project, the secondary stakeholders are the representatives of Government Departments/ agencies involved in the planning, design, implementation and operation of the project, including various government departments such as Irrigation, Revenue, Forest, Agriculture, C&W, Education, Health, WAPDA and local government authorities.
6.2 Public Consultations along the Project Alignment
106. During the socio economic survey, a total of 34 consultative meetings were conducted in which (480) participants participated.
107. During the field survey people were asked about their views regarding the PHLCE project. In general, people have positive thinking and good hopes about the project is according to them it will be beneficial for their agricultural land and eventually this canal will raise the productivity of their land.
Some general concerns of the people are as follows: i. Land owners demanded compensation against land to be acquired for the canal should be in accordance with the latest market rates. The participants expressed concern that the Government land rates are not acceptable to them. Participants requested that compensation against land acquisition should be given according to the latest market rates. Reply: The matter was taken up with the collector of the district and he fixed prices of land as per the average cost of one year back with effect from the date of notification under section-4, as per transaction of sale and purchase of land in the vicinity. Even if the DPs are not satisfied with one year latest sale rate in the nearby vicinity they can file an objection with the district collector for reconsideration. The district collector is competent to review the already decided rate. Similarly, the crops, fruit and non-fruit trees were assessed and valuated by the concerned department in accordance with the current schedule rate of the affected assets. ii. The participants enquired about the land which falls within the RoW of the propose pressure pipe; will it be considered as government property or existing ownership will remain? They wanted to know whether they will be allowed to cultivate crops after completion of works on the land which falls within the RoW of the proposed pressure pipe.
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Reply: Yes! Its Government property since it will transfer on the name of government and no one will be allowed for cultivation in the entire ROW. iii. Male household members should be employed in the project related jobs so that they can stay in their own community, rather than seeking employment outside the project area. In this way their social safety could be enhanced. Reply: Agreed the contractor will be asked to engage the local and preferably DPs in the construction of the project. iv. The alignment should be in such a way that the loss of agricultural land will be minimal. Reply: To minimize the displacement, canal alignment has been designed to award its traversing through the settlements and agriculture land.
6.3 Consultative Discussions with Women
108. During the consultation with the women along the project alignment and in the project area, interaction with them was made through a female social mobilizer. During consultation, the following concerns were pointed out by the local women: -
i. Women routine activities/jobs should not be affected due to the implementation of the project activities ii. The present Passage/ crossing at different locations should not be damaged during implementation of civil works. iii. Organize vocational training center for women for income generating activities in project area. 109. The community especially the farming community are very excited after hearing about the actual implementation of the PHLCE project. The detail of consultation meetings/ focus group discussions in community/ stakeholders are annexed as (Annexure-06).
6.4 Concerns Regarding the Project
110. During the field survey people were asked about their views regarding the PHLCE project. In general, people are pleased to have this project as their rain-fed land would come under irrigation.
6.5 Consultations with DPs
111. Consultation is a continuous process that started at the project preparatory stage and will continue till project completion. Based on the consultations with the DPs and general public, concerns were highlighted and feedback was provided. The main concerns included the compensation especially crops & trees should be provided based on current market rates and disbursement should be made prior to the start of civil works; employment to the local people should be provided and routine working of local women should not be hindered due to the project construction activities. RoW clearance for undertaking the project activities should be minimized to the best possible extent.
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112. Future consultation with DPs will be made through Deputy Director Social Safeguard and its team. Disbursement of compensation will be made through the PMO and verified by the ERM.
6.6 Information Disclosure
113. Detailed information of the project after translating into National Language Urdu has been displayed to the local community at appropriate places i.e., PMO, DC and Nazim of District Office Swabi. Moreover, the LARP and monitoring reports will also be disclosed at the project and ADB websites. The purpose of these information is for the community and stakeholders to know about the project activities, i.e. eligibility for entitlement and compensation, price assessment & valuation of losses, severity allowances, vulnerability allowances, payment of compensation, community complaints redress system, project benefits, etc.
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7 INSTITUTIONAL ARRANGEMENTS
114. Institutional arrangements and their role & responsibilities are mentioned in this section of LARP. The details are as under;
7.1 Project Steering Committee
115. The Project Steering Committee (PSC) mentioned is notified by the KP government, under notification No. C/FA/P&D/ADB/2018, to review the progress and make key decisions for the project. The PSC is chaired by the Additional Chief Secretary from the Planning and Development Department (P&DD) includes Secretaries of KPID, KPAD, Finance, Member Board of Revenue, Deputy Commissioner Swabi, Deputy Commissioner Nowshera, Representative of ADB, Chief Foreign Aid P&D Department, Chief (Water) P&D Department and any co-opted member. The Project Director is being secretary of the PSC. Copy of the notified committee is as (Annexure-09).
7.2 Khyber Pakhtunkhwa Irrigation Department (KPID)
116. KPID is the executing agency (EA) and responsible for overall execution of the PHLCE
¨ © ¤ ¡¤ ¥¦¢¡ ¦¤ ¢ ¡¢£ ¤ ¥¦§ -Farm Water Management (OFWM) and Agriculture Extension as implementing agency (IA) for improved agriculture and water use skills. For this purpose, the EA established the project management office (PMO) at project level in Gohati Swabi in June 2017. The PMO, headed by the Project Director, will manage all activities associated with the execution and implementation of land acquisition and resettlement and ensure the availability of funds for the LARP implementation and other corrective action measures.
7.3 Project Implementation Consultants
117. The PMO is supported by a Project Implementation Consultant (PIC) along with revenue and land acquisition specialist to prepare, implement and monitor the final LARP based on the detailed design of Lot-I of PHLCE Project. The land acquisition team who are responsible for the following activities:
i. Support the BOR in the conduct of DMS and conduct census of all DPs and socioeconomic surveys; ii. Thorough coordination with the BOR and relevant departments at the district level to ensure the actual calculation of compensation and assistance according to the provision and policy. iii. Support the PMO at all level and regular consultations with DPs in preparation and implementation of this LARP; iv. Preparation of this LARP for ADB review, including any subsequent update or corrective actions in case of emerging or unforeseen impacts, as required; v. Disclose the final LARP to the DPs after translating the summary of LARP in local language (Urdu/ Pashtu) to make it more understandable.
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vi. Update, and maintain the database of the DPs and their assets needed the effective implementation and monitoring of LAR activities; vii. Prepare an action plan to implement the LARP; viii. Formation and orientation of the Grievance Redressal Committee (GRC) for the community complaints resolution; ix. To resolve grievances of DPs, monitor and regularly report on the implementation of the grievance redress mechanism, and maintain a grievances log book; x. Support the PMO in the effective implementation of the LARP, including the livelihood restoration activities; xi. Distribute the notices to the entitled DPs regarding their payment of compensation; xii. Facilitate the DPs in completion of necessary documentation to receive their entitled payments;
xiii. Develop a close interaction with the DPs/ community to address their possible concerns;
§ ¡¢§¦¡ ¨ ©¤¥ ¦ ¢¡ ¦ © ¤ ¤ ¢ ¢ ¤ ¢¡ ¢ §¦ ¤¢ xiv. ¡¢£¤¥¦ xv. Help the DPs to put their complaints (if any) in front of the GRC, if still issue not resolved consult the Court of law. xvi. Explore the possibility and facilitate land swapping and land consolidation to assist DPs in improving the viability of their remaining plots; xvii. Prepare monthly progress report on the LARP implementation for submission to the PMO, and a semi-annual internal monitoring report for submission to ADB; xviii. Help DPs in other related activities.
7.4 LAR Coordination Committee
118. The functions pertaining to compensation of assets other than land, such as structures/ buildings, trees & crops; and income rehabilitation/ livelihood assistance, the assessment & valuation is being carried out by the District Collector Swabi, through local line departments. The competent authority has notified a committee of concerned departments to ensure smooth and transparent acquisition of land for the construction of PHLCE Project Swabi. The composition and terms of references of the committee mentioned under the notification No. 44- AO/Irr/PHLC/2017-18 dated 17 July 2018, attached as (Annexure-10).
7.5 External Resettlement Monitor
119. An external resettlement monitor (ERM) has been hired by the PMO through PIC to conduct semi-annual external monitoring reports regarding the implementation of this LARP. As per SPS 2009, all monitoring reports will be disclosed to DPs including the preparation of corrective action plan(s).
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8 GRIEVANCE REDRESS MECHANISM
120. This section describes mechanism to receive and facilitate the resolution of displaced
¡¢£¤ ¥£¦ §¤ ¥§¡¢ ¥£ ¨ ¥© ¢ ¡ ¨¥§¡£ ¡ ¨ ¥£ ¤ ¡ ¢¤§ ¡© ¢¡ £ ¨¢¡ ¨§§¡££ ¡ ¤ © £ ¨§¡© persons including women. A grievance mechanism is available to allow a DP to appeal against any disagreeable decision, practice or activity arising from land or other assets compensation. DPs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in written during consultation, survey, and time of compensation. It is preferred that DPs/ local community should submit their complaints/ concerns and issues formally and accordingly the project staff will enter the complaint on community complaint register (CCR) (ready and available) consisting the minimum information of name and address of complainer, description of complaint, action taken, status of resolution of complaints and other necessary information/ record and reasons in case the issue is not satisfactorily resolved. Proper consideration will be given to avoid the grievances rather than going through a redress process. This can be obtained through the practicable LAR design and implementation, by ensuring full participation and consultation with the DPs, and by establishing extensive communication and coordination between the community, the PMO, the DO (Revenue)/ LAC and other line departments. Arrangement of GRC meetings at the project and field level will be made by the PMO and the costs of all type of arrangement will be borne by PMO.
121. The following two types of GRCs with their TORs have been notified by the PMO.
Table 8. 1: Grievances Redressal Committee at Project Level
S.No. NAME DESIGNATION 1 Deputy Project Director (PMO) Chairman 2 Deputy Director Resettlement (PMO) Member 3 Social Safeguard Specialist (PIC) Member 4 Tehsil Nazim (concerned tehsil) Member 5 Revenue Specialist (PIC) Member 6 Representative of (DC Office) Member 7 Deputy Collector (PMO) Member
8.1 TOR of Grievances Redressal Committee at Project Level
i. This GRC will work closely to KPID and GRC at field level. ii. To receive and facilitate the application and grievances of DPs. iii. To explains how the procedures are accessible to DPs. iv. To inform the Affected/ displaced persons of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. v. To enter the complaint on community complaint register (CCR) consisting the minimum information of name and address of complainer, description of complaint, action taken,
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status of resolution of complaints and other necessary information/ record and reasons in case the issue is not satisfactorily resolved. vi. Proper consideration will be given to avoid the grievances rather than going through a redress process. This can be obtained through the practicable LAR design and implementation, vii. To ensuring full participation and consultation with the DPs and by establishing extensive communication and coordination between the community and PMO. viii. At Project level KPID staff will inform the displaced persons about GRC and mechanism by pasting the information at prominent places. Names and contact numbers of the members of the GRC and PMO staff will be disseminated to DPs through information brochures once these have been notified.
ix. The complaints will be registered by maintaining a community complaints register (CCR), where the name & address of complainer, date, description of complaint and action taken will be entered. Table 8. 2: Grievances Redressal Committee at Field Level
S. No. NAME DESIGNATION 1 Deputy Collector (PMO) Chairman 2 Social Safeguard Specialist (PIC) Member 3 Tehsil Nazim (Concerned) Member 4 Lady Tehsil Councilor Member 5 Nazim UC (Concerned) Member 6 Representative of the DPs Member 7 Patwari (Concerned) Member
8.2 TOR Grievances Redressal Committee at Field Level
i. This GRC will work closely to Community and GRC at project level. ii. To receive and facilitate the application and grievances of Affected/ displaced persons. iii. To explains how the procedures are accessible to DPs. iv. To facilitate the Affected/ displaced persons to appeal against any decision, practice or activity arising from land or other assets compensation. v. To inform the displaced persons of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. vi. to enter the complaint on community complaint register (CCR) consisting the minimum information of name and address of complainer, description of complaint, action taken,
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status of resolution of complaints and other necessary information/ record and reasons in case the issue is not satisfactorily resolved. vii. Proper consideration will be given to avoid the grievances rather than going through a redress process. viii. To ensuring full participation and consultation with the DPs and by establishing extensive communication and coordination between the community and PMO. ix. To inform the displaced persons about GRC and mechanism by pasting the information at prominent places. Names and contact numbers of the members of the GRC members and will be disseminated to DPs through information brochures. x. The complaints will be registered by maintaining a community complaints register (CCR), where the name & address of complainer, date, description of complaint and action taken will be entered xi. the issues/ community concerns relating to the land will be addressed by the revenue department (LAC)/ and or can be referred to GRC, while issues other than land will be directly addressed by the PMO and can be placed with GRC at project level to resolve the community issues. Names and contact numbers of the members of the GRC and PMO staff will be disseminated to DPs through information brochures once these have been designated/ recruited. Table 8. 3: Community Complaints/Grievance Redress Process/mechanism.
Step - 1 The Project will establish a Grievances Redressal Committee (GRC) at
Project and Field Level and also establish a grievance register at PMO level.
¡¢ £¤¥¦¢§¨ © ¢¤ ¥¤ §¢ §¥ ¥¨ ¤¢ §¢ ¢ ¤¢¢ ¢ part of internal and external monitoring. Step - 2 The Grievances Redressal Committee (GRC) at Project and field level will be responsible for documenting verbal and written complaints. Complaints will be written onto a complaints register. The complaints Register and records (a) who reports the complaint; (b) the date the complaint was received and recorded; (c) the nature of the complaint; (d) information of proposed corrective action; (e) date of response (verbal and written) provided to the complainant; (f) corrective actions taken by whom and when, and (g) the date the complaint was closed out. Minor complaints will then be directed to the GRC at field level within 2 (two) days period, the Grievances Redressal Committee (GRC) members and/ or Contractor Representatives depending on the particular cases for necessary actions and immediate response. This will be followed by the action plan provision and implementation no longer than 3 (three) working days. Step - 3 All major complaints will be forwarded to the GRC at project level and Management team. Appropriate actions to close out the complaint will be determined and written onto the form. Where necessary the team will investigate complaints from the community and an investigation report will be developed. All the process should be finalized within 1 (0ne) week at most,
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
depending upon the cases. Step - 4 A written response for every grievance will be prepared within 14 (fourteen) working days at most. The response will be delivered verbally before the written copy is provided to the complainant. The complainant will be asked to sign and date the complaints register. Step - 5 Action Plan implementation. Timelines for possible actions will be determined by the nature of the grievance as stipulated in the agreed action form. If more time is required to implement appropriate actions, the Grievances (GRC) at field level will inform the complainant. PMO will ensure that all actions are implemented to close out the complaint. In most cases the written response and agreed actions may be sufficient to resolve the complaint, otherwise if the complainants unresolved, Step - 6 The complainant will be referred to the Grievances Resolution Committee at project level. The Grievances Redressal Committee at project level aims to resolve complaints within 21 (Twenty-One) working days. Again, depending on the nature of the complaint, a longer timeline may be agreed upon with the complainant. If an agreeable solution is reached, the complainant will be asked to sign on the log book, date, complaints and the agreements to confirm receipt of agreement with the Project written response.
Step 7 If both parties are agreed on the compliances of results, both parties will sign and date the agreement on grievance register. The agreement will become the formal document for evaluation purposes on project level.
Step 8 In case, the grievance redressal system does not satisfy the Affected/ displaced persons, then they can pursue further by submitting their case to the appropriate court of law as per the process set out in Section 18 to 22 of the LAA 1894.
8.3 Organogram
122. An Organogram showing the institutional arrangements for the implementation of LARP is illustrated through a diagram presented in Figure 8-1
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Figure 8. 1: Institutional set-up for the Implementation of LARP
Abbreviations Explanation C&W Communication & Works DFO District Forest Officer DO (R) District Officer (Revenue) DO District Officer DP Displaced Person GRC Grievance Redress Committee GS Gender Specialist GRS Grievance Redress Specialist KPID Khyber Pakhtunkhwa Irrigation Department LAC Land Acquisition Collector MIS Management Information System PD Project Director PMO Project Management Office RS Resettlement Specialist SSMC Social Safeguard Management Consultant XEN Executive Engineer ERM External Resettlement Monitor
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
9 IMPLEMENTATION SCHEDULE OF LARP
123. The commencement of civil work will be subject to the satisfactory implementation of this LARP including payment of compensation of land, structures, crops, trees and allowances/ and redress of community concerns. The implementation should be verified by an independent/ external monitor. ADB considers LARP implementation to start after the approval of the final/implementation- ready LARP.
124. However, an updated schedule for the implementation of LARP (milestones) and its associated activities of Lot-I, are given in Table 9.1.
Table 9. 1: Implementation Schedule of LARP for Lot-I
Date of Task Action Responsibility Completion Census of DPs (with socio-economic PIC Consultants Completed data) Notify grievance redress committee PMO Completed Submit revised updated LARP to ADB with PIC Consultants 26 February 2019 approved rates of compensation Approve updated LARP ADB 25 April 2019 Hire and mobilize ERM PMO/ PIC 5 May 2019 Translate updated LARP information booklet to Urdu language for disseminating PIC 5 May 2019 to DPs and disclose updated LARP. Sign civil works contract for Lot-I PMO 10 May 2019 Pay mobilization advance PMO/ Contractor 15 May 2019 Publish notification of Section-5 of LAA for
Lot-I:
a. Mouza Maini Sharqi b. Mouza Malik Abad DC/ LAC/ 20 April 2019 c. Mouza Pabini Commissioner d. Mouza Maini Gharbi Publish Declaration of Land Acquisition
under section 6 for Lot-I:
a. Mouza Maini Sharqi b. Mouza Malik Abad Commissioner/ 30 May 2019 c. Mouza Pabini Printing Press d. Mouza Maini Gharbi Issue and notify land award under section
11 of LAA for Lot-I:
a. Mouza Maini Sharqi DC/LAC 30 July 2019 b. Mouza Malik Abad
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Date of Task Action Responsibility Completion c. Mouza Pabini d. Mouza Maini Gharbi DC/LAC 09 August 2019
Distribute notices to DPs for payment of compensation for Lot-I: 30 August 2019 a. Mouza Maini Sharqi 05 September 2019 b. Mouza Malik Abad PMO/ LAC and c. Mouza Pabini support PIC 10 September 2019 d. Mouza Maini Gharbi 16 September 2019 Submit first external monitoring and ERM 20 September 2019 compliance report Approve compliance report and ADB 25 September 2019 commencement of work Demarcate in the field areas to be kept from civil work and orient the contractor on the required actions:
a. Mouza Maini Sharqi
b. Mouza Malik Abad c. Mouza Pabini PIC/ Contractor 30 September 2019 d. Mouza Maini Gharbi Complete disbursement of compensation for the land and structure: a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini LAC/DC Swabi 30 September 2019 d. Mouza Maini Gharbi Submit compliance report on LARP implementation for ADB approval and recommend issuance of no-objection for commencing work in areas where ERM 15 October 2019 compensation has been disbursed. Issue no-objection for NTP with civil works ADB 30 October 2019 for Lot-I Submit semi-annual external monitoring April 2020 and every 6 report on remaining LARP activities and months thereafter until ERM emerging LAR issues during completion of the implementation of civil works Project
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
10 RESETTLEMENT BUDGET
125. The resettlement budget has been prepared considering the impacts, which include the
loss of land, crops, trees other assets and allowances as received from deputy commissioner,
¦ § ¨¤©¤¨ ¢ ¢ § ¢¤§ ¡¢£ ¤¥ have been assessed on the basis of available information. The prices of different land types determined by DPAC and District Collector Swabi. The details of mouza wise demand bills for lot-I is the attached (Annexure-4). The budget presented below is prepared on the basis of demand notices received from the District Collector, Swabi. Provision calculated for 10% or more of affected land holders DPs @ equal to 1-crop/ year. Similarly, provision calculated at minimum wage fixed by the government @ PKR 15,000/- month for a period of three months for vulnerable DPs. Thus, the total amount of land acquisition is PKR 238.81 million for land compensation as presented in below Table 10.1 and the overall amount of budget is PKR 290.89 million to compensate all DPs for smooth implementation of LARP as presented in Table 10.2 below. The detail lists of DPs and their land, crops, trees structure and other compensation details in the attached (Annexure-5). The EA as in close contact with the DC Swabi, to ensure with the timely payment of compensation, in order to implement LARP envisaged in the SPS 2009.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Table 10. 1: Detail Budget of Land Mouza and Category wise for Lot-I
Lot-I: Valuation of Land Muza and Categary wise by District Collector, Swabi
Muza wise Valuation of Land (PKR) Categary of Total Amount Amount in S. No. Muzas of Lot-I Total Land under Rate per 15 % Compulsory Total of Column 2 % Stamp Duty 2 % District Council Grant Total Amout of Land in Lot-I Total Amunt Mouza Wise of Million Acquisition (Kanal) Kanal in PKR Acquisition Charges 6+7 on Column-8 Fee on Column-8 Land Categary wise Lot-I (PKR) 1 2 3 4 5 6 7 8 9 10 11
1 Barani Land 143.55 511,877.0 73,479,943.4 11,021,991.5 84,501,934.9 1,690,038.7 1,690,038.7 87,882,012.2
2 Maini Sharqi Chahi Land 9.45 563,261.0 5,322,816.5 798,422.5 6,121,238.9 122,424.8 122,424.8 6,366,088.5 96,653,806.9 96.7
3 Ghair Mumkin 11.15 180,400.0 2,011,460.0 301,719.0 2,313,179.0 46,263.6 46,263.6 2,405,706.2
4 Malik Abad Barani Land 69.7 141,206.0 9,842,058.2 1,476,308.7 11,318,366.9 226,367.3 226,367.3 11,771,101.6
11,771,101.6 11. 5 Barani Land 16.4 198,000.0 3,247,200.0 487,080.0 3,734,280.0 74,685.6 74,685.6 3,883,651.2
6 Pabaini Chahi Land 19.05 264,000.0 5,029,200.0 754,380.0 5,783,580.0 115,671.6 115,671.6 6,014,923.2 13,540,155.2
7 Ghair Mumkin 34.6 88,000.0 3,044,800.0 456,720.0 3,501,520.0 70,030.4 70,030.4 3,641,580.8
13. ¡4
8 Barani Land 132.3 511,877.0 67,721,327.1 10,158,199.1 77,879,526.2 1,557,590.5 1,557,590.5 80,994,707.2
9 Maini Gharbi Chahi Land 50.7 563,261.0 28,557,332.7 4,283,599.9 32,840,932.6 656,818.7 656,818.7 34,154,569.9 116,842,980.6
10 Ghair Mumkin 7.85 180,400.0 1,416,140.0 212,421.0 1,628,561.0 32,571.2 32,571.2 1,693,703.4
11 . 8
6 4
Total 494.75 3,202,282.0 199,672,277.829,950,841.7 229,623,119.5 4,592,462.4 4,592,462.4 238,808,044.2 238,808,044.2 238.81
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Table 10. 2: Detailed Budget for LARP of LOT-I, PHLCE Project
Total No. of Unit Rate S. No. Resettlement Activities Unit Quantity Compensation Remarks DPs (Rs.) Amount in Rs. A Land Compensation Mouza & Category Wise 1-Mouza Malik Abad i) Rain Fed Land 16 Kanal 69.7 141,206 9,842,058 2-Mouza Maini Sharqi i) Rain Fed Land 21 Kanal 143.55 511,877 73,479,943 ii) Irrigated Land 1 Kanal 9.45 563,261 5,322,816 iii) Uncultivable Land 2 Kanal 11.15 180,400 2,011,460 3-Mouza Maini Gharbi i) Rain Fed Land 20 Kanal 132.3 511,877 67,721,327 ii) Irrigated Land 6 Kanal 50.7 563,261 28,557,333 iii) Uncultivable Land 1 Kanal 7.85 180,400 1,416,140
4-Mouza Pabini i) Rain Fed Land 10 Kanal 16.4 198,000 3,247,200 ii) Irrigated Land 8 Kanal 19.05 264,000 5,029,200 iii) Uncultivable Land 4 Kanal 34.6 88,000 3,044,800 Govt. Land Kanal 3.6 .-- .-- Compulsory Acquisition 15% 29,950,842 Surcharge (15%) Add 2 % Stamp Duty 2% 4,592,462 Add 2 % District Council Fee 2% 4,592,462 Sub-Total Land (A) 238,808,044 Crop Compensation Mouza Wise For Rabi Season 1-Mouza Malik Abad 22 Kanal 69.07 10,375 937,164 2-Mouza Maini Sharqi 22 Kanal 152.30 10,458 1,493,739 B 3-Mouza Maini Gharbi 64 Kanal 182.70 7,434 2,089,498 4-Mouza Pabini 39 Kanal 36.15 17,253 662,226 Additional Crop Compensation 15 Kanal 79.20 Various 621,856 for Irrigated Land Sub-Total Crops (B) 5,804,483 Trees Category Wise i) Non-Fruit Trees 25 No. 660 Various 1,319,944 C ii) Fruit Trees 12 No. 140 Various 46,055 Sub-Total Trees (C) No. 800 Various 1,365,999 Private Structure in ROW i) RR stone Masonry (Dry) 1 M3 2.71 5384.76 14,593
D ii) PCC Block Masonry in CS 1 M3 4.16 5936.29 24,695 Sub-Total Private Structure 39,288 (D) Other Allowances E a) Vulnerability Allowance (Cash Allowance for 3-months 36 Months 3 15000 1,620,000 @ PKR 15000/ Month Fixed)
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
Total No. of Unit Rate S. No. Resettlement Activities Unit Quantity Compensation Remarks DPs (Rs.) Amount in Rs. b) Severity allowance for DPs losing >10% of agriculture land 1-Crop equal to 1-crop/year (including 130 Various Various 3,864,423 Rate/ Year landowners, leaseholders, sharecroppers and tenants) Sub-Total Allowances (E) 5,484,423 10 agriculture workers cash indemnity corresponding to their F 10 Months 3 15000 450,000 salary for 3-months @ PKR 15000/month fixed. G Livelihood restoration cost - lump sum - 1,000,000 H Cost of ERM* - lump sum 1,983,337 Total (Sub-Total A+B+C+D+E+F+G) (PKR) 252,952,237 Rs. in Million 252.95 Add 15 % Contingency 37.94 Grand Total 290.89 *The cost of ERM for lot-I is chargeable to PMO and not included in the LARP total budget.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
11 MONITORING AND EVALUATION
126. The land acquisition and resettlement activities of PHLCE Project will be monitored both internally and externally. Internal monitoring will be conducted by the EA (PMO) assisted by the consultants while the external monitoring will be carried out by deploying an ERM as the project involves land acquisition and other impact. The external monitor hiring process is finalized and soon will be mobilized after approval of this LARP. The frequency of external monitoring will be identified in each LARP (Lot wise) depending on the scale and sensitivity of impacts.
127. The baseline socio-economic surveys will provide the benchmark for monitoring. Under the ADB SPS (2009), all monitoring reports will be disclosed to displaced persons. These reports will be submitted to the ADB for review and approval prior to possessing the land.
128. Projects risks and impacts will determine the extent and frequency of the monitoring activities. The EA will carry out the safeguard measures and implement relevant plans as provided in the legal agreements. Monitoring reports will be prepared monthly, quarterly and annually. The EA is also required to:
i. Establish and maintain procedures to monitor the progress of the implementation of resettlement plans. ii. Verify their compliance with safeguard measures and their progress toward intended outcomes, iii. Document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports, iv. Follow up on these actions to ensure progress toward the desired outcomes, v. Retain qualified and experienced external monitor to verify monitoring information for projects with significant impacts and risks, vi. Submit periodic monitoring reports (monthly, quarterly and annually) on safeguard measures. 129. The ADB will monitor projects on an ongoing basis until a project completion report is issued. All monitoring reports will be disclosed to displaced persons.
11.1 Internal Monitoring
130. The internal monitoring will be prepared by the PMO and social safeguard management consultant on quarterly basis. Internal monitoring beyond the provision of evidence of payments of cash compensation will be routinely carried out by the PMO. Submission of internal monitoring reports to ADB will be prepared on semi-annual basis depending on the LARP implementation period, and separate from the usual progress reporting so these can be uploaded on the ADB website for disclosure. Although the progress reports may contain some general update on resettlement, these are not disclosed.
131. The internal monitoring indicators will include those directly related to the land acquisition process and levels of household well-being/welfare. These indicators need to relate to the change
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
in circumstances before project commencement, during construction and post construction. This information will be collected by the social safeguard unit of the PMO and reported monthly in order to assess the progress and results of the LARP implementation. The LARP may require revisions as demonstrated by the results of the monitoring. The monthly reports will be consolidated into quarterly progress reports as per standard format of ADB. The following are the specific times for setting of monitoring/ benchmarks data/ reports.
i. During the initial information campaign and consultation with displaced persons. ii. At the time of assessment of land acquisition entitlements, and also at the time of compensation payment for land, crops and trees. iii. At the time of compensation assessment and payment for affected structures and other non-land, crop and tree assets. iv. Immediately after the relocation of displaced persons. v. At the time of payments for loss of income. vi. During the selection and distribution of replacement land areas. vii. During and after income restoration activities.
132. Based on the above information, the PMO (EA) will monitor the day-to-day resettlement activities related to each lot of the projects using the following techniques.
i. Review of census information for all displaced persons. ii. Consultation and informal interviews with displaced persons. iii. In-depth case studies and establishing baseline data
iv. Sample surveys of displaced persons.
£¤ ¥ ¦§¨©¤ £¤ ¡§ £¡ v. ¡¢ vi. Public community meetings.
11.2 External Monitoring
133. As identified the project have an impact due to the acquisition of private agricultural land of DPs or provision of other allowances, the external monitoring will review the LARP and will be carried out during the implementation of a LARP. An external resettlement monitor has been hired through the PIC budget based on the TOR approved by ADB.
11.3 Purpose and objective
134. The objective of external resettlement monitoring is to review the LARP implementation, and assess the (i) achievement of resettlement objectives, (ii) restoration of the economic and social conditions of the displaced persons (DPs), (iii) the effectiveness and impacts of the proposed entitlements, (iv) the need for further mitigation measures if any and (v) institutional arrangements and capacity to implement resettlement plan. External monitoring should confirm if compensation payments have been completed in sections with LAR impacts which can be
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
handed-over for civil works and timely advice KPID to make decisions on corrective measures, if required, to implement the LARP effectively.
135. As per Schedule 5 of the Loan Agreement, KPID is required to ensure that (a) no land shall be acquired for the purposes of the Project under the emergency acquisition provisions of the LAA; and (b) no physical or economic displacement takes place in connection with the Project until; (i) compensation and other entitlements have been provided to displaced persons (DPs) in accordance with the lot wise LARPs; and (ii) a comprehensive income and livelihood restoration program has been established in accordance with the lot wise LARPs.
11.4 Major Tasks of ERM
136. The major tasks for the ERM include the following:
i. Identify, through field verification and review of records, any gaps in the resettlement baseline information, including list of DPs, vulnerable groups, affected assets and livelihood, and suggest steps to update the data; ii. Review and verify the effective implementation of the lot wise LARPs according to requirements of the loan covenants and ADB involuntary resettlement safeguards; iii. Monitor and assess whether resettlement objectives of enhancing, or at least restoring the livelihoods of all DPs in real terms relative to pre-project levels and improving the standards of living of the displaced poor and other vulnerable groups have been met; iv. Review and verify results of internal monitoring reports prepared by PMO through review of records and random field-visits involving DPs and community groups; v. Assess the adequacy of information disclosure and consultation activities in meeting the disclosure and meaningful consultation requirements as per ADB SPS (2009); vi. Assess if the required grievance redress mechanism (GRM) for the project is existing and functional, status and actions taken on grievances received and recommend measures for improvements, if required; vii. Verify completion of compensation payments in sections with LAR issues and confirm which sections can be handed over for civil works; viii. Identify problems/potential problems and emerging LAR issues during project implementation; and recommend to KPID PMO the required corrective actions and measures to mitigate problems; ix. Verify if the livelihoods and the standard of living of DPs, including those of the non-titled DPs, are restored or improved; and, x. Within six months prior to the project closing, conduct a post-evaluation of the implementation of the lot wise LARPs and learn strategic lessons for future policy formulation and planning.
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
11.5 Monitoring Indicators
137. The monitoring will assess the extent to which the provisions in the lot wise LARPs are being followed and if objectives are being met. Some key indicators include the following:
i. Payment of compensation, adequacy of budget and timelines of payments; ii. Adequacy of institutional arrangements; iii. Land and other assets inventory, updating of revenue records and record keeping; iv. Consultation and information dissemination; v. Delivery of entitlements, relevance and adequacy; vi. Preparation and adequacy of relocation arrangements; vii. House reconstruction; viii. Provision of employment to DPs, its adequacy, and income levels; ix. Gender impacts; x. Identification and rehabilitation of vulnerable groups; xi. Infrastructure repair, relocation, or replacement; xii. Provision of transition allowances. xiii. Quality, effectiveness, efficiency and sustainability of the resettlement efforts. xiv. Major problems being faced and limitations of implementing the LARPs, emerging LAR issues during project implementation and corrective measures needed to implement resettlement effectively.
11.6 Methodology of External Monitoring
138. The methodology for the assignment includes the following:
i. The ERM will review the data and process of the detailed measurement survey (DMS), census and socio-economic surveys to establish the baseline for monitoring and evaluating project benefits. The review will include a review of records (including database, DMS records, questionnaires), a random sample interview using a structured questionnaire and focused group discussions (FGDs) with some DPs. The sample size for the sample interviews will be proportionate to the number of DPs in each lots. The interviews and FGDs will check the DMS process from identification to agreement on DMS results and evaluate if DMS activities were carried out in a participatory and transparent manner; ii. The ERM will synchronize its DP and asset database with the PMO database to come up with a common baseline for internal and external monitoring. The database will include validated data on affected assets and categories of DPs, including those who are severely affected, vulnerable, DPs requiring relocation and DPs with legal and
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
administrative impediments i.e. out of the project area, with inheritance mutations, with disputes, DPs with missing documentation, etc. iii. The result of the review will be presented in an inception report which will include the validated list of DPs and affected assets, review of the LARP updating process, a monitoring work plan (including the preparation of audit reports and semi-annual monitoring reports), and recommendations for addressing gaps noted in the review. The inception report will be submitted to the PMO and ADB for review and approval; iv. Lot wise resettlement audit, that the PMO will propose for handing over civil works (supported by a compensation monitoring/progress report), the ERM review the status of compensation award as per Section 11 of the LAA, and carry out a review of records and random interviews of DPs. The review will confirm disbursement of compensation payments and cash assistance (including applicable rehabilitation assistance/allowances: relocation assistance, livelihood restoration allowance, severe impact allowance, income loss compensation, etc.) and adequacy of notification and consultations. The review will also assess cases with legal and administrative impediments to compensation, including adequacy of actions taken by the project to address these impediments. Based on the review, the ERM will submit resettlement audit reports confirming the sections/sites that may be handed over for civil works; v. Six months after mobilization and every six months during the implementation of the project, the ERM will undertake regular external resettlement monitoring to cover (i) the overall progress in compensation payments, (ii) status of livelihood restoration activities including employment of DPs in project-related jobs, (iii) LAR issues and non- compliances arising during project implementation, (iv) grievance redress mechanism and status of complaints, (v) information disclosure, (vi) and consultation activities. These semi-annual reports will be submitted to PMO and ADB for review and will be uploaded on the ADB website for disclosure. An input to these semi-annual external monitoring report is the internal monitoring report to be prepared by the PMO; vi. A post-resettlement survey will be carried within 6 months before the closing of the project. Sampling for the will include 100% of severely affected and vulnerable households, as well as at least 20% of all other DPs. The post-resettlement survey results will be compared with the baseline information collected by the ERM at the start of his/her assignment. FGDs will also be conducted with DPs and relevant agencies to help compare pre and post-LARP condition of the DPs. Results will be presented through a post-resettlement/final report which will also be submitted to PMO and ADB for review and disclosure;
11.7 Reporting Requirements
i. An Inception Report, including baseline survey report, final list of DPs and assets, draft formats (as appropriate for various outputs, such as questionnaires, guides, etc.) and draft outlines for various reports (including resettlement audit reports, semi-annual monitoring report and post-LARP implementation/ final report within 1 month upon signing of the contract;
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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan
ii. Lot-wise resettlement audit reports within 2 weeks after receipt of request for handing over for civil works (supported by a compensation monitoring/progress report) iii. Semi-annual monitoring reports within 6 months from mobilization and every after 6 months iv. Post-LARP implementation/final report within 6 months before closing of the project 139. All reports prepared on ADB format will be submitted to PMO, for onward transmittal to ADB and will be disclosed as and when required for information of DPs.
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Annexures
Annexure-1: Draft Notification of under Section-4 for Lot-I
Annexure-2: Questionnaire for Data Collection A. SOCIO ECONOMIC BASELINE SURVEY FORM
Date: ______ID No: (Lot/Component/Moza#/Khasra#/DP#)
______
1. Identification
¨¡©¤ 1.1 Name of Respondent ______1.2 ¡¢£¤¥¦§
1.3 Status of Respondent Owner ____Tenant____ Share Cropper ____ Lease ____ Squatter ____ Other______
1.4 Respondent CNIC No: ______1.5 Tribe ______
1.6 Address______
Settlement: ______Tehsil: ______
District: ______Tel #: ______
1.7 Demographic Profile of Respondent Children M ______F ______Total ______
Relationship
with Sr. Family
(See
(Rs./ Household From
codes) codes)
Codes)
Income
Age Age
Annum)
No. Members Name of
(Y/N)
(Yrs.) (Yrs.)
Diseases
Business/
Business/
Year (See
Occupation
Occupation
Head (HH) During Last
Education
(See codes) (See Codes) Disability Type Main Secondary Main Secondary 1 2 3 4 5 6 7 8 9 10 *Other: Rent from property, remittances, net sale of items during a year, net income from agriculture etc. Demographic Codes: a) Relationship: 1=Self, 2=Wife, 3=Son, 4=Daughter, 5=Father, 6=Mother, 7=Brother, 8=Sister, 9=Grand Father, 10=Grand Mother, 11=Bhabhi, 12=Nephew, 13=Father-in-Law, 14=Mother- in- Law, 15= Daughter in law, 16= Grandson, 17= Grand Daughter, 18=Others b) Sex: 1=Male, 2=Female c) Education: 1= Primary 2= Middle 3= Matric, 4= Intermediate, 5= BA/BSc, 6= MA/MSc, 7=LLB, 8=Engineer, 9=MBBS, 10=Technical Diploma, 11=Dars-e-Nizami, 12=Can Read Quran, 13= Can Insert Signatures, 14= Illiterate, d) Occupations: 1=Agriculturist, 2=Shopkeeper, 3= Trader, 4= Govt. Servant, 5=Private Servant, 6= Labour, 7=General Labour, 8=Livestock, 9=Fishing, 10= 8=Driver, 11=Health Related, 12=Educator/Teacher, 13=House-Maid, 14= House Wife, 15=Gone Abroad, 16=Gone out City within Pakistan 17 Retired
1 - 9 e) Diseases: 1=Diarrhea, 2=Measles, 3=Hepatitis, 4=Typhoid, 5=HIV/AIDS, 6=Polio, 7=Cholera, 8=Tuberculosis, 9=Heart Disease, 10=No Disease, 2. Average Monthly Expenditure on Food and Non-Food Items
2.1 Monthly Expenditure on Food & Non-Food Items (Rs.)
a) Exp. On Food Items Sr. Item Qty. / Month Expenditure (Rs.) No. 1. Wheat / Atta (Flour) 2. Maize Flour 3. Ghee 4. Sugar 5. Pulses 6. Vegetables 7. Tea Leaves 8. Milk 9. Other Specify 10. Meat Total:
b) Exp. On Non-Food Items: 1. Fire wood 2. Gas Cylinder 3. Kerosene Oil 4. Washing Material 5. Shoes and Clothing 6. Medicines 7. Education 8. Social Obligations 9. Others Total:
2.4 Av. Monthly utility bills for: Electricity (Rs.) ______
Communication (Rs.) ______Water (Rs.) ______
3. Possession of Household Goods
Item No. Value (Rs.) Item No. Value (Rs.) Television Car Washing machine Vehicle Geyser Tractor Electric fan Telephone/Mobile Electric iron Electric Water Pump Sewing machine Computer Motor cycle/ scooter Other Total:
2 - 9
4. Credit
4.1 Have you obtained credit during last year? Yes [ ], No. [ ], if yes, source of credit: Formal [ ], Informal [ ] 4.2 Please write the name of relevant source
Formal source (s) ______
Informal source (s) ______
Percentage of interest ______
4.3 Purpose of Loan (Tick)
Purchase House Rs. ______
Business Rs. ______
Repair of House Rs. ______
Medicare of Family Member Rs. ______
Family/ Social matters Rs. ______
Agriculture inputs Rs. ______
Livestock Rs. ______
Education Rs. ______
Other (specify) Rs. ______
4.4 Mode of repayment (Tick the relevant)
1) One time [ ] 2) Through installments [ ],
i) Quarterly installments [ ] ii) Six monthly [ ],
iii) Annual [ ] iv) Other (specify) ______
4.5 How much repayment has been made so far? a) 100% [ ], b) 75% [ ], c) 50% [ ], d) 25% [ ], Less than 25 % [ ], Not paid yet [ ]
5. Housing Conditions
5.1 Do you have your own house?
1) Yes ____ 2) No. ____
If yes then
Total Area of the house: square ft/Marla.______Present Value______Rs.
Semi Pacca Type of Room No. of Room Katcha (tick) Pacca (tick) (tick) Living rooms Verandah Animal shed Other shed
3 - 9 Bathroom/Latrine 6. Access to Social Amenities (Tick) Social Amenities Available Satisfactory Non-Satisfactory Electricity Sui Gas Water Supply Telephone Sewerage/Drainage Health Facility Education Facility Others
7 Land Use and Status
7.1 Number of shareholders in ownership ______7.2 Land use arrangement Self ______Tenant (tenure of tenancy) ______years/Months Lease (tenure of lease) ______Years/Months Rent (Rs. / acre) ______Share Cropper (Arrangements) ______Other ______
Land Acre Kanal Marla a. Total Area owned b. Total Cultivated Area
Area Under Rabi( winter) Crops
Area Under Kharif (summer) Crops c. Uncultivated Area
Waste land
Area Under Farm Houses
Barren Land
7.3 Cropping Pattern, Yield and Cost
Av. Price/40 Total Cost Sr. Area Sown Major Crops Production kgs Incurred No. Acre Kanal (Kgs) (Rs.) (Rs.) 1 Wheat 2 Maize 3 Tobacco 4 Rice 5 Sugarcane
4 - 9 Av. Price/40 Total Cost Sr. Area Sown Major Crops Production kgs Incurred No. Acre Kanal (Kgs) (Rs.) (Rs.) 6 Orchards 7 Vegetables 8 Other Grand Total:
8. Livestock Inventory Livestock No. Present Value (Rs.) Buffaloes Cows Horse Donkey Beefarm Sheep Goat Poultry Other
9. Trees Inventory Fruit Trees ______Other Trees ______Total ______10. Social Organizations
10.1 Are there any existing village/social organizations in your area? _____ (Y/N)
Category Y/N Religious Educational Skill Development Centre Social Welfare Women Organization Other
10.2. Pattern of Decision Making
Which types of decisions are influential in village matters? Sr.No. Person / Status Decision Pattern % 1 Court 2 Jirga
5 - 9 10.3 Were their decisions considered final and implemented successfully? 1. Yes 2. No
i) Level of acceptability (%) ______ii) Successful implementation (%) ______
10.4 Were you involved in any dispute in the past 01 years? 1. Yes 2. No
10.5 If yes, what was the nature of dispute and how was it resolved
Nature of Dispute Method of Resolution 1. ______2. ______3. ______
§ ¨© ¨ ¡ ¤ ¨¤ £ ¦ ¡ ¤ ¨ ¤ ¤ £©£¤ £¦ 11. ¡¢ £¤¥¦
11.1 Women participation in different household activities:
Activities Participation (y/n) Decision Making (y/n) Household activities Jobs Farm/Crop activities Livestock rearing Sale & Purchase of properties Social obligations (marriage, birthday & other functions) Local representation (councilor/ political gathering)
Education
Others
11.2 Women issues in the project area
______
______
6 - 9 12. Proposed Impact of the Project Increase Decrease
Employment opportunities
Marketing facilities opportunities
Living standard
Unemployment
Income generating activities
Mobility (Access to Resources)
Quality of drinking water
Agriculture water
Other specify______
12.1 General Remarks of the Respondents
13. Resettlement Part
13.1 Ownership of Affected Structures______(Self/rented/landlord property/relative property
13.2 Affected residential structures
Types of Construction Total Area (sft) Affected Area Structures Semi Kacha Pacca Sq. ft. Rft. Pacca Houses Boundary Wall Ladder Other Total
13.2 Impact on Farm House
Structures Type of Construction Total Area Affected Area (Sft) Kacha Pacca Semi Pacca Sq.ft Rft. Rooms Cattle Shed
7 - 9 Structures Type of Construction Total Area Affected Area (Sft) Kacha Pacca Semi Pacca Sq.ft Rft. Boundary Wall Other
13.3 Impact on Commercial Structures
Type of Construction Total Area Affected Area Structures Kacha Pacca Semi Pacca Sq.ft Shop Wooden Cabin DPC Iron Cabin Other
13.4 Impact on Community Structure
Type of Affected Structure Type of Name Size (Sft) (room/open area/wall) Construction
Schools Mosque Graveyard Health Centre Shrine Others Total:
13.5 Impact on Tube wells
Yes ______No ______
If yes then
Types of Tube wells No. Electric Diesel Turbine Other Total:
13.6 Impact on Utility
Yes ______No ______
8 - 9 If yes then
Types Nos. / Area Electric poles Transformer Transmission line Telephone Other Total:
13.7 Miscellaneous Impact of the Project
Types Nos. / Area Hand Pump Watercourse Lawn Other
14. Do you have any alternate residence place?
Yes No
If yes then (tick relevant)
Distance from House Yes/No Location current residence (km) Owned Tenancy Relative Other
15. Vulnerability ______
______
16. People concern about the project?
______
______
17. Views / Comments of Interviewers
______
______
Name & Signature of Interviewer: ______Date: ______
Checked By: ______Signature ______Date: ______
9 - 9 Annexure-3: Urdu Broacher
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Annexure-4: Demand Bills of the Deputy Commissioner, Swabi
Annexure-5: List of Affected Persons/DPs Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project Vulnerability Amount of Crop Amount of Additional Crop Severity Allowance of 10 % Amount of Allowance (Cash Total Father Name/ Status of Land Amount of Affected S. No Name of Land Holder Compensation @ 1- Compensation for Irrigated OR More Land Affected Affected Trees Allowance for 3- Compensation Husband Name Holders Land (A) Crop/ Year (B) Land @ 1-Crop/ Year (C.) Persons @ 1-Crop/ Year (D) (E) Months Rs.15000/ (A+B+C+D+E+F) Month Fixed (F)
1 Fazal Mustan Bismullah Khan Owner 779,457 49,351 49,351 89,796 967,956
2 Khan Malik Adbul Haji Owner 389,729 24,676 211,733 626,137
3 Habib Gul Rahman Gul Owner 1,567,034 99,217 99,217 1,578 1,767,046
4 Muhammad Yusaf Muhammad Yaqoob Owner 527,757 33,415 33,415 594,588
5 Shahbaz Khan Ajon Khan Owner 381,609 24,162 24,162 429,933
6 Rafiq Akbar Muhammad Gul Owner 397,848 25,190 25,190 448,228
7 Zahid Ghalib Naiknam Shah Owner 698,264 44,211 34,971 777,445
8 Gul Syed Khan Noor Syed Owner 527,757 33,415 398,320 959,492
9 Noor Ali Shah Sher Akbar Owner 381,609 24,162 405,771
10 Noor Ajmal Shah Said Ali Shah Owner 543,996 34,443 34,443 100 612,983
11 Gul Zada Muhammad Anwar Owner 1,705,062 107,956 67,815 1,880,834
12 Abdul Rahim Mirza Jee Owner 625,190 39,584 39,584 704,358
13 Syed Arif Khan Ambara Khan Owner 462,803 29,302 29,302 521,408
14 Abdul Haseeb Muhammad Anwar Owner 430,325 27,246 27,246 484,818
15 Munir Gul Aman Gul Owner 414,087 26,218 440,305
16 Noor Zahid Shah Syed Ali Shah Owner 1,485,840 94,076 94,076 1,673,993
17 Khan Zaman Qadar Khan Owner 1,638,934 1,638,934
18 Sarwar Late Jamsheed Owner 674,245 674,245
19 Qayum Khan Ziarat Gul Owner 6,121,239 92,260 92,260 92,260 6,398,020
20 Ishtiaq Ahmad Atta Muhammad Owner 4,532,671 75,175 4,607,846
21 Murad Ali Sultan Ali Owner 7,888,025 130,824 130,824 8,149,673
22 Altaf Muhammad Khamas Gul Owner 3,679,116 61,019 61,019 3,801,153
23 Ghulam Qadar Ghulam Haider Owner 4,150,043 68,829 68,829 4,287,701
24 Yusaf Khan Amanat Khan Owner 3,973,445 65,900 7,040 4,046,385
25 Khan Bacha Gul Rahim Owner 2,884,427 47,839 47,839 2,980,104
26 Omar Farooq Abdur Razzaq Owner 5,945,451 98,606 98,606 6,142,664
27 Shakeel Mohd Ghulam Mohd Owner 6,828,439 113,251 113,251 7,054,941
28 Ramab Zaman Ayub Khan Owner 4,414,939 73,223 73,223 4,561,384
29 Wasal Khan Mejeed khan Owner 3,826,281 63,460 3,889,740
30 Mira jan Azim gul Owner 3,178,756 52,720 52,720 3,284,197
31 Zar mula khan Yar Mula Khan Owner 3,708,549 61,507 61,507 3,831,563
32 Zohaib Khan Waqar ahmad khan Owner 4,944,732 82,009 17,328 5,044,069
33 Rehman Gul Noor Ahmad gul Owner 2,236,902 37,099 37,099 2,311,101 Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project Vulnerability Amount of Crop Amount of Additional Crop Severity Allowance of 10 % Amount of Allowance (Cash Total Father Name/ Status of Land Amount of Affected S. No Name of Land Holder Compensation @ 1- Compensation for Irrigated OR More Land Affected Affected Trees Allowance for 3- Compensation Husband Name Holders Land (A) Crop/ Year (B) Land @ 1-Crop/ Year (C.) Persons @ 1-Crop/ Year (D) (E) Months Rs.15000/ (A+B+C+D+E+F) Month Fixed (F)
34 Hazrat nabi khan Ghulam Owner 2,501,799 41,493 41,493 2,584,784
35 Ishtiaq Ahmad Atta Muhammad Owner 647,524 10,739 10,560 668,824
36 Sher wali Ajaz khan Owner 2,707,829 44,910 2,752,739
37 Khair Ullah Abdul Matin Owner 3,855,714 63,948 63,948 3,983,609
38 Sultan Muhammad Majeed Ullah Owner 3,267,055 54,185 54,185 3,375,424
39 Ghani Muhammad Ali Ahmad Owner 4,797,567 79,568 79,568 4,956,704
40 Murad Ali Sultan Ali Owner 4,532,671 75,175 75,175 4,683,021
41 Qamar Zaman Abdullah Shah Owner 5,959,301 65,476 65,476 65,476 60,025 6,215,756
42 Noor Zada Chamnai Khan Owner 5,505,876 60,495 60,495 60,495 56,942 5,744,302
43 Roman Khan Raheem Shah Owner 5,505,876 60,495 60,495 60,495 67,899 5,755,259
44 Omar Hayat Sultan Mohammad Owner 5,959,301 65,476 65,476 65,476 54,076 6,209,807
45 Naveed Hussain Taj Muhammad Owner 4,858,126 53,378 53,378 53,378 72,357 5,090,616
46 Said Qasim Abdul Hakeem Owner 5,052,451 55,513 55,513 55,513 60,546 5,279,535
47 Fazal Hakeem Jamal Owner 4,885,866 59,071 59,071 35,291 5,039,299
48 Shafi Rahman Ziarat Khan Owner 4,414,939 53,378 53,378 4,521,694
49 M Sheraz Ali Gohar Khan Owner 3,767,415 45,549 45,549 3,858,512
50 Imad Khan Sarwar Khan Owner 5,062,464 61,206 61,206 53,070 5,237,946
51 Usman Ali Syed Jamal Owner 3,414,220 41,279 41,279 3,496,777
52 Khan Muhammad Ameer Muhammad Owner 3,355,354 - 3,355,354
53 Manzoor Iqbal Gul Hayat Owner 4,414,939 53,378 53,378 34,020 4,555,714
54 Sohrab Zada Sher Zada Owner 4,061,744 49,107 49,107 4,159,959
55 Mir Qadar Zardad Khan Owner 3,296,488 39,855 39,855 3,376,198
56 Noor Rahman Hassan Gul Owner 4,591,537 55,513 55,513 4,702,562
57 Sher Muhammad Khan Said Muhammad Khan Owner 3,414,220 41,279 41,279 3,496,777
58 Abdul Qadar Ghulam Haider Owner 4,238,342 51,242 51,242 4,340,826
59 Zahir Muhammad Sadullah Jan Owner 2,884,427 34,873 34,873 2,954,173
60 Aamir Shaid Shamshaid Owner 3,296,488 39,855 39,855 3,376,198
61 Jaffar Khan Mohd Amin Owner 4,002,878 48,396 48,396 4,099,669
62 Ubaidullah Fazal Maula Owner 4,591,537 55,513 55,513 4,702,562
63 Akbar Shah Islam Shah Owner 3,414,220 41,279 41,279 3,496,777
64 Munir Khan Kasher Khan Owner 3,944,012 47,684 47,684 4,039,380
65 Khaista Khan Noray Owner 2,825,561 34,162 2,859,723
66 Siyar Mohd Muhammad Aslam Owner 4,002,878 48,396 48,396 4,099,669 Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project Vulnerability Amount of Crop Amount of Additional Crop Severity Allowance of 10 % Amount of Allowance (Cash Total Father Name/ Status of Land Amount of Affected S. No Name of Land Holder Compensation @ 1- Compensation for Irrigated OR More Land Affected Affected Trees Allowance for 3- Compensation Husband Name Holders Land (A) Crop/ Year (B) Land @ 1-Crop/ Year (C.) Persons @ 1-Crop/ Year (D) (E) Months Rs.15000/ (A+B+C+D+E+F) Month Fixed (F)
67 M.Quarish M.Jalil Owner 1,628,561 1,628,561
68 Faqeer Shah Zareen Shah Owner 500,940 19,490 520,430
69 Fazal Sher Muhammad Sher Owner 409,860 15,946 15,946 441,752
70 Mujahid Khan Mir Wali Khan Owner 341,550 13,289 13,289 368,127
71 Tariq Muhammad Qasim khan Owner 364,320 14,174 378,494
72 Shahzar aziz khan Owner 341,550 13,289 354,839
73 Aizaz Ahmad Sher Zaman Owner 364,320 14,174 14,174 392,669
74 Wakeel khan Pir Ghulam Owner 318,780 12,403 331,183
75 Ridad khAN Jamdad khan Owner 364,320 14,174 14,174 392,669
76 Abdul Basit Khan Sayed Nawaz Khan Owner 409,860 15,946 15,946 441,752
77 Shereen Zaman Said Akbar Owner 318,780 12,403 12,403 343,585
78 Fazle-e-Tawab Madad Shah Owner 870,320 76,187 76,187 1,022,695
79 Waqas Ahmad Niaz Muhammad Owner 647,680 56,698 56,698 761,075
80 Gull Faraz Muhd Shah Owner 971,520 85,046 85,046 1,141,613
81 Fazal Rahim Owner 1,012,000 88,590 88,590 1,189,180
82 Fazal Tawab Owner 698,280 20,376 20,376 20,376 4,992 764,399
83 Faraz Shah Owner 667,920 19,490 19,490 19,490 4,992 731,381
84 Ghani Owner 698,280 20,376 20,376 20,376 3,328 762,735
85 Mir Faraz Shah Owner 728,640 21,262 21,262 21,262 5,910 798,334
86 Raza Muhammad Owner 683,100 19,933 19,933 19,933 3,328 746,226
87 Mir Zameen Owner 698,280 20,376 20,376 20,376 4,992 764,399
88 Abdul Waheed Owner 667,920 19,490 19,490 19,490 3,328 729,717
89 Gul Faraz Shah Owner 941,160 27,463 27,463 27,463 1,664 1,025,213
90 Faqir Ullah Ghareeb Ullah Lease 28,788 9,596 45,000 83,384
91 Mukhtiar Akbar Said Umar Lease 38,556 12,852 45,000 96,408
92 Khan Gul Lal Gul Lease 20,563 6,854 45,000 72,417
93 Sahib Zada Saad Gul Lease 32,901 10,967 43,868
94 Ajnabi Gul Rahman Gul Lease 82,252 27,417 45,000 154,670
95 Fazal Zada Wazir Zada Share Croper 17,479 5,826 45,000 68,305
96 Istaraj Khan Gull Roz Khan Share Croper 7,117 2,372 9,489
97 Sanaullah Samiullah Share Croper 10,319 3,440 45,000 58,759
98 Arab Ali Khan Toti Share Croper 56,932 18,977 45,000 120,910
99 Zarshad Niaz Muhammad Share Croper 28,822 9,607 38,429 Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project Vulnerability Amount of Crop Amount of Additional Crop Severity Allowance of 10 % Amount of Allowance (Cash Total Father Name/ Status of Land Amount of Affected S. No Name of Land Holder Compensation @ 1- Compensation for Irrigated OR More Land Affected Affected Trees Allowance for 3- Compensation Husband Name Holders Land (A) Crop/ Year (B) Land @ 1-Crop/ Year (C.) Persons @ 1-Crop/ Year (D) (E) Months Rs.15000/ (A+B+C+D+E+F) Month Fixed (F)
100 M Afzal Share Croper 7,117 2,372 45,000 54,489
101 Gul Khitab Gul Abbas Share Croper 37,006 12,335 45,000 94,341
102 Muhammad Sadiq Muhammad Riaz Share Croper 8,184 2,728 45,000 55,912
103 Sabit Khan Noman Share Croper 49,816 16,605 45,000 111,421
104 Ali Gohar Khan Noor Ahmad Khan Share Croper 57,644 19,215 45,000 121,859
105 Abbas Muhammad Mumtaz Muhammad Share Croper 14,233 4,744 45,000 63,977
106 Maqbool ul Haq Samin Gul Share Croper 22,417 7,472 29,889
107 Ghulam dad Mangal dad Share Croper 7,117 2,372 9,489
108 Fazal Maula M Rahim Share Croper 37,718 12,573 50,290
109 Rahmat Shah Mian Gul Share Croper 7,828 2,609 45,000 55,438
110 Yasir Ali Yaqoob Khan Share Croper 9,963 3,321 13,284
111 Noor Zaman Mian Noor Share Croper 23,485 7,828 31,313
112 Farooq Bahadar Gul Bahadar Share Croper 30,245 10,082 45,000 85,327
113 Malak Aman Gul Zada Share Croper 23,485 7,828 45,000 76,313
114 Said Kareem Shah Rahman Shah Share Croper 31,313 10,438 45,000 86,750
115 Jamshed Khan Asham Khan Share Croper 11,386 3,795 15,182
116 Sadiqullah Mirza Muhammad Share Croper 15,301 5,100 45,000 65,401
117 Wazir Khan Chamnai Khan Share Croper 17,791 5,930 23,722
118 Usman ullah Safiullah Share Croper 12,098 4,033 45,000 61,131
119 Wahab Gul Amin Gul Share Croper 29,889 9,963 45,000 84,853
120 Jamraiz Khan Ghulam Qadar Share Croper 30,601 10,200 40,801
121 Marifat Khan Meer Muhammad Share Croper 7,828 2,609 10,438
122 Fazal Muhammad Gul Muhammad Share Croper 49,104 16,368 45,000 110,472
123 M Sajjad M Rauf Share Croper 7,828 2,609 10,438
124 Hazrat Hussain Bakhtawar Khan Share Croper 8,540 2,847 11,386
125 Zahid Nawaz Gul Nawaz Share Croper 40,564 13,521 45,000 99,086
126 Muhammad Wali Muhammad Zaman Share Croper 8,540 2,847 11,386
127 Noor Ahmad Amir Khan Share Croper 14,945 4,982 19,926
128 Sateen Khan Hassan Din Khan Tenant 9,963 3,321 13,284
129 Razi Gul Said Ahmad Khan Share Croper 19,926 6,642 45,000 71,568
130 Mahuddin Islamuddin Share Croper 13,521 4,507 45,000 63,029
131 Abdul Wadood Shah Mir Share Croper 29,889 9,963 45,000 84,853
132 Hazrat Mir Shah Mir Tenant 9,252 3,084 12,335 Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project Vulnerability Amount of Crop Amount of Additional Crop Severity Allowance of 10 % Amount of Allowance (Cash Total Father Name/ Status of Land Amount of Affected S. No Name of Land Holder Compensation @ 1- Compensation for Irrigated OR More Land Affected Affected Trees Allowance for 3- Compensation Husband Name Holders Land (A) Crop/ Year (B) Land @ 1-Crop/ Year (C.) Persons @ 1-Crop/ Year (D) (E) Months Rs.15000/ (A+B+C+D+E+F) Month Fixed (F)
133 Rozam Dad Noor Dad Share Croper 11,386 3,795 15,182
134 Noor Dali Khan Noorai Share Croper 8,540 2,847 11,386
135 Gul Rahim Khan Gul Riaz khan Tenant 20,377 6,792 45,000 72,169
136 saeed naeem Abdul haleem Tenant 9,745 3,248 12,994
137 Mir Faraz Shah Muhammad Shah Tenant 18,605 6,202 24,806
138 Noor Muhammad Sher Muhammad Lease 9,745 3,248 45,000 57,994
139 Wazir Muhammad Abdullah Jan Tenant 10,631 3,544 45,000 59,175
140 Saeed Faraz Shah Muhammad Hassan Tenant 18,605 6,202 45,000 69,806
141 Abdur Rehman Faqeer Rehman Tenant 15,947 5,316 21,263
142 Said Amin Muhammad Hassan Tenant 16,833 5,611 45,000 67,444
143 Gul Zameen Sarfaraz Khan Tenant 17,719 5,906 23,625
144 Imran Khan Sher Zameen khan Lease 9,745 3,248 45,000 57,994
145 Amir Ghayas Khan Sher Muhammad Tenant 70,875 23,625 45,000 139,500
146 Iqbal Hussain Taj Muhammad Tenant 16,833 5,611 45,000 67,444
147 Gul Nawab Abdur Razaq Tenant 24,806 8,269 45,000 78,075
148 Nazeer Anwar Shah Muhammad Ghous Tenant 18,605 6,202 24,806
149 Imtyaz Muhammad Wazeer Muhammad Lease 8,859 2,953 11,813
150 Abdul Qadir Abdul Wadood Tenant 8,859 4,283 13,142
151 BakhtZada Sahib Zada lease 8,859 3,453 12,312
152 Shams ul Abidin Shams ul qamar Share Croper 8,859 3,453 12,312
153 Noor Nabi Khan Abdul Wadood Lease 13,289 4,430 17,719
154 Sayed Faraz Shah M Hawas Tenant 10,631 3,544 45,000 59,175
155 Noor Hayat Mohdat Hayat Share Croper 9,745 3,453 45,000 58,198
Total Amount in PKR 229,623,119 5,489,147 621,856 3,864,423 1,365,999 1,620,000 242,584,545 Total Amount in Million 229.623 5.489 0.622 3.864 1.366 1.620 242.585 Lot-I: List of Affecetd Structure of Affecetd Persons under Janda Boka Pressure Pipeline & Irrigation System of Project
Irrigation Father Name/ Status of S. No Name of Muzas Khasra No. Name of Holder Type of Affected Structure Size of Affected Structure Unit Unit Rate Total Cost Component Husband Name Land Holders
Janda Boka 1 2661 Fathud Din Abdullah Owner RR Stone Masonry (Dry) 2.71 M3 5,384.76 14,593 Pabini Main Canal (JB- MC-01) 2 4066 Ghulam Din Mehruddin Owner PCC Block Masonry in CS 4.16 M3 5,936.29 24,695
Total Amount in PKR 6.87 39,288 Annexure-6: List of Consultation Meetings with Community/ Stakeholders Annexure, 06 1-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Village Janda Boka Name and Designation Names and Key Issues Discussed. of the Consultants who Designation of the conducted the Meeting Participants Stake holders/ Official/Community Mr. Amutharaj Female Community, The consultants welcomed the International Consultant Female Councilors participants of the meeting and Social and Gender and Male Nazim of explained the project details and Specialist. the Village. the purpose of the meeting Mr. Wazir Ali Consultant especially to women. The Social and Gender components of output 2 such as Specialist. demonstration plots, formation of WUA, training on high efficiency irrigation system, modern & appropriate cultivation practices and provision of agriculture inputs to women were discussed.
The women who participated at the meeting informed that water availability for domestic purposes and cultivation is a challenge for them. The ground water table is very low and the wells are deep. They pointed out that household wells are not available to all the families, so they have to depend on the tube wells installed by the government in public places. The government tube wells are not close to all the houses. The distance varies from 10 to 100 meters to the houses in the village. The women requested the consultants to accommodate few design features in the cannel design to cater the domestic water demand in the village. They highlighted that they demanding bathing places to children and washing places in identified locations of the proposed canal. They also requested to include drinking water access to cattle in the design of the canal because women are taking care of the cattle at home.
The participants informed that a Local NGO provided training on cultivation practice and provided farm inputs to continue cultivation for livelihood support. Ultimately the effort had gone unsuccessful due to lack of irrigation water. The women at the meeting appreciated the proposed training programs on off-season vegetables, kitchen gardening, tunnel farming and advanced agriculture technologies. They said the proposed canal water and the proposed training would be an asset for them for their livelihood. It would help them to cultivate kharif and rabi crops throughout the year. They are anxiously looking forward to see the project in their village to flourish their lives. The consultants explored the possibility of women participation in WUA activities. The women are keen to contribute their role in WUA and proud to become a member of it. They said they would not waste the canal water and not allow others also to misuse the canal water because it is precious to the village peoples. The consultants asked about the women participation in agriculture activities in the village. In response to this situation they said women used to go to the fields with their family members and assist the male members in different agriculture activities Female are very supportive to the male members in the agriculture activities in addition to their routine and traditional household responsibilities. Finally the women at the meeting said they are very supportive of this project. The consultants thanked the participants and their initiatives. With this, the meeting adjourned.
2- Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Nazim Office UC Mainai
Name and Designation Names and Key Issues Discussed of the Consultants Designation of the who conducted the Participants Stake Meeting holders/ Official/Community Mr. Wazir Ali Consultant Nazim, elected The participants expressed concern Social and Gender Representatives and that the Government land rates were Specialist Community members not acceptable to them. Mr. Asad Khan of UC Mainai Community requested that Consultant Environment compensation against land Specialist. acquisition should be given according to the latest market rates. According to Nazim the farmers of the village are poor therefore, they were partially willing for the installation of pressure pipe in their agricultural land. They wanted to know whether the land falling within right of way of pressure pipe would be considered as property of Irrigation Department or the existing ownership would remain.
3-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Nazem Office UC Pabaini
Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting Official/Community Mr. Wazir Ali UC Nazim and Community of village Pabani were Consultant Social Elected Councilors completely supportive of the construction and Gender and community. of proposed canal. Consultant team Specialist informed the participants that settlements are not affected and change in alignment is not required. The participants expressed concern that the Government land rates are not acceptable to them. Participants requested that compensation against land acquisition should be given according to the latest market rates.
4-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Office of the XEN Swabi 2 Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting Official/Community Mr. Wazir Ali Mr. Sardar Zafar XEN Meetings were conducted with XEN Consultant Social Swabi.2 Swabi 2 office KP Irrigation Department. and Gender Mr. Walayat Khan DPD The representatives of the said Specialist PHLCE. departments were briefed on the proposed project interventions and later Mr. Amutu Raj International they provided information (List of Tube Consultant Social Wells of Irrigation Department) required and Gender by the consultant Team. Specialist
5-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, District Agriculture Office Swabi Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting. Official/Community Mr. Wazir Ali Mr. Muhammed The Consultant briefed officials on PHLCE. Consultant Social Israr khan District The District Officer agriculture show his and Gender Agriculture Officer great interest in the project activities Specialist Swabi especially in the output 2 of the project. He Mr. Hayat Ullah Khan Mr. Amir Khatam also showed his full cooperation with Consultant Irrigation Khan Agronomist project staff and consultants. water use expert. Swabi. Mr. Nimat Gill. Agronomist.
6-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, District Water Management Office Swabi Name and Names and Designation Key Issues Discussed Designation of the of the Participants Stake Consultants who holders/ conducted the Official/Community Meeting Mr. Wazir Ali Mr. Abdul Hafeez Khan Consultants briefed District Officer Consultant Social and District Water Management Water Management on PHLCE Gender Specialist Officer Swabi project. He showed his great Mr. Hayat Ullah Khan Mr. M. Farooq interest in project especially in Consultant Irrigation Water Management Officer Water Management Component. water use expert. Swabi. He also showed his full cooperation Mr. Nimat Gill. with project staff. Agronomist.
7-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Village Maini Name and Names and Key Issues Discussed Designation of Designation of the the Consultants Participants Stake who conducted holders/ the Meeting Official/Community Miss. Alia Female Community Male household members should be Social Mobilizer and local councilors employed in the project related jobs so that village Maini they can stay in their own community, rather than seeking employment outside the project area. In this way their social safety could be enhanced. Community demanded vocational training center for income generating activities for women to increase the overall household income
8-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, District Health Office Swabi Name and Names and Key Issues Discussed Designation of Designation of the the Consultants Participants Stake who conducted holders/ the Meeting Official/Community Mr. Wazir Ali Dr Naiz Muhammed. The Consultant briefed the District Health Consultant District Health Officer (DHO) Officer on PHLCE project. The Social and Officer ( DHO) District Health Officer assured his full support Gender Swabi to consultant and also share the District Data Specialist with Consultant for updating the report.
9-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Tehreek Nowjawanan Office Topi Swabi Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting Official/Community Mr. Wazir Ali Mr. Arif Shah Government departments and NGOs were Consultant Social President Tanzeem organized to discuss project interventions and Gender Naujawanan Topi and their potential impacts. In these Specialist. NGO Swabi. meetings, stakeholders were informed of the salient features of the project, its location and activities. 10-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Village Pabaini Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting Official/Community Mr. Wazir Ali Community, UC The Community of Village Pabani were Consultant Social and Nazim and Elected completely supportive of the Gender Specialist Councilors. construction of proposed canal. The study team informed the participants that settlements were not affected and change in alignment was not required.
11-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders. Meeting Place, Nazim Office UC Mainai
Name and Names and Key Issues Discussed Designation of the Designation of the Consultants who Participants Stake conducted the holders/ Meeting Official/Community Mr. Wazir Ali Nazim, elected The participants expressed concern that Consultant Social and Representatives and the Government land rates were not Gender Specialist Community members acceptable. Mr. Asad Khan of UC Mainai Community requested that compensation Consultant against land acquisition should be given Environment according to the latest market rates. Specialist.
12-DPs/ Community Concerns and their Redress
Remarks/ Actions to be Concerns Feedback Taken Compensation for the affected Compensation rates Under the supervision of Deputy land, houses, shops and other needs to be assessed Commissioner (DC) a District private assets should be fixed in based on the Price Committee (DPC) has accordance with current market replacement cost. been constitute to assess the rates/replacement cost. market and fix the rate of land, structures, shops other assets and properties according to yaksala (current year market rate). Detail of the District Price Committee (DPC) has been attached. Remarks/ Actions to be Concerns Feedback Taken The rates of land available in Land compensation Under the supervision of Deputy revenue record are very low; should be at current Commissioner (DC) a District therefore, the Affected persons market rates. Price Committee (DPC) has should be compensated as per been constitute to assess the market rates. market and fix the rate of land, structures, shops other assets and properties according to yaksala (current year market rate). Detail of the District Price Committee (DPC) has been attached. Compensation on the loss of Compensation for the This is a mandatory as per ADB crops and trees should be loss of crops and SPS 2009 to ensure the ensured before to start the trees would be payment of compensation prior project. estimated by the to start civil works. concerned departments considering the current market rates and would be paid before to start of construction work.
The permission should be made The local community The local community would be to local community to collect the would be allowed to allowed to collect the removed wood material from the removed collect the removed trees. trees. trees.
It should be preferred if In case of crop losses, Construction is a continuous construction activities should be crop compensation activity. However, crop losses done after the harvest of the should be provided. would be provided based on the crops affected cropped area. Unskilled/ semi-skilled labour Requisite unskilled Provision of such clause has should be taken from the local labor would be already been made in the population. This opportunity will engaged from local contract agreement of contractor help to increase household population preferably income of local population of the DPs. sub-project area. Religious and educational Generally, relocation There is no such structure in structures like of Mosques, graves, land acquired for RoW of the Mosques, madrassas and commercial and canal system in the area graveyards/shrines should be residential structures saved from demolishing as such has been avoided as possible. except those ones which are unavoidable to relocate. However re- building/ re-settlement of such social, religious structures will be ensured. Remarks/ Actions to be Concerns Feedback
Taken
¦¡§¨¦© ¢¡ ¦ ¡¤ ¥ ¨§ ¡¥ © ¨ ¦¦ £ ¡¢£¤ ¡¥ The timing of work will passage on selected locations at be adjusted in a way instructed not to disturbed canal should not be disturbed to avoid disturbance in mobility of women during during the construction activities. women construction of canal network activities/mobility. Relocation of settlements PHLCE has been The canal network has been should be minimized by designed in a way to designed in a way that impact changing the PHLCE minimize the impact on settlements is minimized design, where possible. on settlements.
Payment of compensation for Allowance should be Compensation would be paid to vulnerable DPs should be paid the concerned prior to taking the ensured. work in hand by the contractor Transport for relocation of assets To take care of the There is no displacement and timely compensation to all land acquisition, involved in this lot the affected persons must be relocation and ensured. compensation matters, Entitlement Matrix has been developed in consultations with the DPs for the compensation of their affected land, structures and their source of livelihood. In addition to compensation the Allowance should be There is no displacement livelihood assistance to the DPs paid involved in this lot should also be provided.
Compensation against all the This can be ensured Compensation would be paid to losses should be provided prior that all payments will the concerned prior to taking the to start of the civil work so that be given to the eligible work in hand by the contractor the impact on the livelihood of and entitled DPs prior the DPs could be minimized. to initiate the civil work.
Annexure-6A: Consultation Meeting Attendance Sheets Annexure, 06-A
Figure-8.1.2: Attendance Sheet and Pictures of Focus Group Discussion Village Nazims Mainai.
Figure-8.1.3: Attendance Sheet and Pictures of Focus Group Discussion Village Nazims Pabaini
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Figure- 8.1.5: Attendance Sheet and Pictures of Meeting/ briefing of District Director, Agriculture Swabi
Figure- 8.1.7: Attendance Sheet and Pictures of FGD Village Manai.1
Figure- 8.1.8: Attendance Sheet and Pictures of Meeting with DHO Swabi
Figure- 8.1.9: Attendance Sheet and Pictures of Meeting with President Tanzeemi Noujawanan Topi
Figure-8.1.10: Attendance Sheet and Pictures of Focus Group Discussion Village Pabaini Swabi Annexure-7: Notification of District Price Assessment Committee
Annexure-8: Photographs Annexure, 08
PICTURES OF COMMUNITY/ STAKE HOLDERS MEETINGS
FGDs in Village Janda Boka Swabi
Meeting/ Presentation to XEN Irrigation Swabi. 2.
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Meeting with District Director Water Management office Swabi
Meeting with Community at Village Pabini
Figure- 8.1.11: Meeting with Nazim and Councilors UC Manai
Annexure-9: Notification of Project Steering Committee
Annexure-10: LAR Notification