42486-018: Madhya Pradesh Urban Services

Land Acquisition and Involuntary Resettlement Due Diligence Report

Document stage: Draft for consultation Project Number: 42486-018 January 2021

IND: Madhya Pradesh Urban Services Improvement Project – Additional Financing (Water Supply Scheme in Bada Malhera, District Chhatarpur)

Package No: MPUSIP-6K

Prepared by Urban Development and Environment Department, Bhopal, Madhya Pradesh for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of September 2020) Currency unit – Indian rupee (₹) ₹1.00 = $0.015 $1.00 = ₹72.85

ABBREVIATIONS

ADB - Asian Development Bank

FGD - Focus group discussion GOI - Government of India GOMP - Government of Madhya Pradesh LARR - Land Acquisition, Rehabilitation and Resettlement LPCD - Liter per Capita per Day MDPE - Medium Density Polyethylene pipes MFI - multilateral financial institutions MLD - Million Liter per Day MPUDC - Madhya Pradesh Urban Development Company MPUSIP - Madhya Pradesh Urban Services Improvement NOC - No Objection Certificate OHT - Over Head Tank O&M - operation and maintenance PMU - Program Management Unit PWD - Public works Department R&R - Resettlement and Rehabilitation ROW - right-of-way RWGM - Raw water gravity main SPS - Safeguard Policy Statement SPU - safeguard policy update ULBs - Urban Local Bodies WRD - Water Resource Department WSS - Water Supply Scheme WTP - Water Treatment Plant

WEIGHTS AND MEASURES

Ha - Hectare kl - kiloliter km - kilometer LPCD - liter per capita day m - meter MLD - million liter per day mm - millimeter

NOTE

In this report, "$" refers to United States dollars.

This draft land acquisition and involuntary resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of the use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CONTENTS I. PROJECT DESCRIPTION ...... 1 A. Background ...... 1 B. Proposed Subproject ...... 1 C. Scope of this Report ...... 2 II. POLICY FRAMEWORK AND ENTITLEMENTS ...... 3 III. SUBPROJECT DESCRIPTION ...... 3 A. Details of Subproject Area ...... 3 B. Status of Existing Water Supply...... 4 C. Proposed Water Supply Scheme (WSS) ...... 6 IV. FIELD WORK AND PUBLIC CONSULTATION ...... 10 A. Outline of Fieldwork ...... 11 B. Field work Report ...... 11 C. Public Consultation ...... 11 V. LAND AVAILABILITY AND INVOLUNTARY RESETTLEMENT IMPACTS ...... 12 VI. INFORMATION DISSEMINATION ...... 15 VII. BUDGET ...... 16 VIII. CONCLUSIONS ...... 16 IX. NEXT STEPS ...... 17

FIGURE Figure 1: Key Plan of Proposed WSS town Bada Malhera ...... 10 Figure 2: Photographs of alignment of Transmission mains, Distribution network and market area ...... 48 Figure 3: Location of the proposed WSS subproject components on google earth ...... 50

TABLE Table 1: Ward wise Population of Bada Malhera ...... 4 Table 2: Demographic Information of Bada Malhera ...... 4 Table 4: Status of Existing Water Supply ...... 5 Table 4: Proposed Components under WSS town Bada Malhera ...... 6 Table 5: Proposed Subproject Components and its Involuntary Resettlement Impact ...... 14 Table 6: Budget ...... 16

APPENDICES Appendix 1: Details of Land Ownership of Proposed Components under WSS Bada Malhera ...... 18 Appendix 2: Stakeholder Consultations ...... 23 Appendix 3: Photographs and List of Participants ...... 29 Appendix 4: Involuntary Resettlement Impact Categorization Checklist ...... 39 Appendix 5 Land Records (Khasra record) of Proposed Components ...... 40

GLOSSARY

Assistance refers to the support provided to displaced persons in the form of ex-gratia payments, loans, asset services, training and skills development, etc. in order to improve their standard of living and reduce the negative impacts of the Project.

Below poverty line (BPL) households are households whose monthly income is less than a designated sum as determined by the Government of Madhya Pradesh; INR 10,000/ month as of March 2020.

Cut-off date is the date of notification under Section 11 of the RFCTLARRA 2013 for displaced persons who have legal title to the land/property proposed for acquisition. In the case of squatters, encroachers and unauthorized occupants the date of the census survey conducted by the implementing agency (IA) will be considered as the cut-off date for entitlements under the investment program.

Displaced Persons (Affected Persons) – In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Encroachers are persons who have extended their building, agricultural lands, business premises or workplaces into government lands.

Titleholders are those who have legal title to land, structure and other assets.

Vulnerable Persons– are those below the poverty line, the elderly–above 60 years of age, female headed households, children (persons below 18 years of age are considered as minors or children in India), physically handicapped, indigenous people, scheduled castes and scheduled tribes, households with disabled persons, landless, transgender and those without legal title.

I. PROJECT DESCRIPTION

A. Background 1. The Government of Madhya Pradesh (GOMP), with a sector project loan funding from Asian Development Bank (ADB), has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein referred as ‘the Project’. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency and the State Urban Development and Housing Department (UDHD) shall be the Executing Agency for the Project. A project management unit (PMU) created under MPUDC is implementing the MPUSIP.

2. Following the request of the State Government of Madhya Pradesh (GOMP) through Government of India, ADB approved a loan (Loan 3528-IND) amounting to $275 million for Madhya Pradesh Urban Services Improvement Project (the current project) on 19 May 2017. The project is included in the ADB country operations business plan for India, 2020–2022 with a loan of $300 million.1

3. For the proposed Madhya Pradesh Urban Services Improvement Project-Additional Financing (the project), the executing agency and implementing agency will remain unchanged from the current project. The Urban Development and Housing Department (UDHD) will continue to be the executing agency and Madhya Pradesh Urban Development Company (MPUDC) will continue as the implementing agency for the project. The additional financing will enable additional 64 ULBs to provide 24x7 water supply services; improve and expand the integrated storm water and sewage infrastructure coverage in 6 ULBs following a mix of onsite and offsite sanitation approaches and introduce integrated urban development (IUD) approaches in two ULBs. With the additional financing, the project will: (i) design build and operate water supply and integrated storm water and sewage infrastructure in project urban local bodies (ULBs); and (ii) improve sustainability of water and environmental sanitation assets and strengthen institutional capacity of UDHD, MPUDC and project ULBs.

4. The Resettlement Framework for MPUSIP outlines the objectives, policy principles and procedures for land acquisition, if any, compensation and other assistance measures for Displaced Persons2 /Affected Persons, if any. This framework reflects the borrower’s law on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, State Government policies, ADB’s Safeguard Policy Statement (SPS), 2009 and other social safeguard guidelines. A detailed description of compensation measures and assistance is provided in the entitlement matrix consistent with the existing norms and guidelines of the country and the state government, and ADB’s Safeguard Policy Statement. The matrix recognizes that the lack of title/customary rights recognized under law will not be a bar to entitlement and has special provisions for non-titled persons. The eligibility for compensation will be determined through a cut-off date. People moving into the sub-project area after the cut-off date will not be entitled to compensation or other assistance.

B. Proposed Subproject 5. The objective of the proposed improvements in Bada Malhera town is to achieve safe

1 ADB. 2020. Country Operations Business Plan 2018-2020. Manila. 2 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

and sustainable water services both in terms of services to customers, cost recovery and conservation of precious water resources. The project aims providing 100% coverage of population with continuous, pressurized and safe drinking water services and achieving progressively increasing cost recovery by expanding the coverage and increasing operating efficiency. The main objectives of the project are as follows:

(i) To supply potable drinking water; (ii) To promote sustainable measures to increase potable water supply to the population; (iii) To provide water supply through future sustainable source developments; (iv) To provide water supply through improvements of safe yield of existing water sources; (v) To provide water supply through improvements of water treatment works; (vi) To supply drinking water which contributes towards a sustainable regional development; (vii) To improve the current state of the water cycle of subproject through improvements in the separate components of the water supply system in investment program.

C. Scope of this Report

6. The proposed Bada Malhera Water Supply Subproject (WSS) is assessed not to have any involuntary resettlement impacts. A due diligence process was conducted to examine the land acquisition and resettlement issues in detail, in line with ADB SPS, 2009. The main objective of the due diligence exercise is to confirm that the subproject is free of involuntary resettlement impact such as land acquisition, physical displacement, economic displacement, adverse impact on livelihood, community properties or any other impacts, based on a review of land records, stakeholder consultations and field visits to proposed project locations. This document describes the findings and provides copies of relevant documents, minutes of meetings and photographs. This land acquisition and resettlement due diligence report needs to be read along with the resettlement framework prepared for MPUSIP.

7. This draft land acquisition and involuntary resettlement due diligence report (DDR) is prepared for the proposed water supply augmentation scheme for Bada Malhera town located in Chhatarpur district. Proposed subproject components include: (i) weir on river Kathan of length 192m and height 6m; (ii) pick up weir of length 94m and height 2m; (iii) repair of existing intake well; (iv) utilization of existing raw water rising mains (RWRM) of length 3600m and dia. 200mm; (v) repair of existing water treatment plant (WTP) of 3.0 MLD capacity; (vi) construction of two overhead tanks (OHTs) of capacity 330KL and 100KL; (vii) clear water feeder mains (CWFM) from WTP to OHTs (3641m length of 100-200mm dia.); (viii) distribution network of 42,417m length (110-250mm dia.); and (ix) house service connections with meters (2,206 nos.). The proposed subproject will provide metered water supply connections to domestic, institutional and commercial users; 100% households in all municipal wards will be covered. The subproject will cover a population of 18,335 as per Census of India 2011. Projected population for the intermediate design year 2035 is estimated at 25,733 while for the ultimate design year 2050 it is estimated at 30,356.

8. Due diligence involved site visits and discussion with relevant local government offices for land records, ownership details and permissions/approvals required, if any, for use of land. This was followed by a detailed public consultation to inform the public / stakeholders on the project components and to ascertain if there are any potential involuntary resettlement impacts. Site visits and consultations were conducted by the team comprising detailed project report (DPR) consultants, social safeguard consultant and staff from project management unit (PMU) and project management consultants (PMC) and staff from the urban local body (ULB) during planning stage.

9. This draft due diligence report (DDR) has been prepared by assimilating the details of the draft detailed project report (DPR), findings from the field visits and discussions with relevant government officials and information gathered during public consultation which is aligned with ADB’s safeguards requirements. The proposed works are assessed to not involve any temporary or permanent land acquisition and involuntary resettlement impacts.

10. Involuntary resettlement impacts will be reconfirmed after completion of detailed engineering design and detailed measurement surveys (DMS) which will be conducted by Design, Build and Operate (DBO) Contractor before initiation of civil works1. The EA will be responsible for preparation and submission of the updated social safeguard document to ADB for No Objection. The final involuntary resettlement due diligence report will be reviewed and disclosed on the websites of Urban Local Body (ULB), EA/IA and ADB. No construction work will commence before the updated social safeguard document for the package is reviewed and cleared by ADB and compensation to affected persons is completed, if any. The IA is responsible in handing over the project land/site to the contractor free from all encumbrances.

II. POLICY FRAMEWORK AND ENTITLEMENTS

11. The Resettlement Framework prepared for MPUSIP sets out the objectives, principles, eligibility criteria and entitlements for APs, based on ADB SPS, 2009 and RFCTLARR Act 2013 as well as national and state laws for protection of street vendors and the Madhya Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi Ki Upoyokta ka Adhikaran Ka Arjan) Adhiniyam, 2012. Government of Madhya Pradesh (GOMP) adopted RFCTLARR Act 2013 on 3 October 2014 with specific rules for operationalizing its implementation in the state. Details of applicable policies are in the Resettlement Framework for MPUSIP.

III. SUBPROJECT DESCRIPTION

A. Details of Subproject Area 12. Bada Malhera is a town located in Chhatarpur district in Sagar division and located at 50km south west of district headquarters. The ancient Devanagri Jain mandir is located in Bada Malhera. Khajuraho, Panna, Ajaigarh, Deogarh and Orchha are the nearby important tourist destinations. Bada Malhera town is located at a latitude of 24°34′ 9”N and 79° 19’46”E at an average elevation of 367 meters. Bada Malhera is situated on the Kanpur-Sagar NH- 146. The nearest railway station and airport is at Khajuraho which is nearly 95km from the town.

13. Bada Malhera Nagar Parishad comprises 15 wards with municipal area spread over 27.16 sq.kms. As per Census of India 2011, Bada Malhera had a population of 18,335 of which 9,656 are males while 8,679 are females. Population of children between age 0-6 is 2,265 which is 11.71% of the total population. Sex ratio is 899 females per 1000 males. Sex ratio for schedule caste population is 907 while for schedule tribe population it is 921. Literacy rate of Bada Malhera town is 56% which is lower than the state average at 64.80%. Male literacy is around 57.60% while female literacy rate is 42.39%.

1 Detailed measurement survey will be jointly conducted by safeguards personnel of PIU, consultants and contractors prior to implementation at each site/stretch of alignment. Report (Involuntary Resettlement Due Diligence Report / Resettlement Plan for different sites/stretches will be prepared and submitted to ADB for approval; prior payment of compensation to permanent and/or temporarily impacted persons is mandatory before start of civil work at each site/alignment stretch.

14. The town has a mixed economy based on agricultural and forest produce. As per 2011 census, the total working population of main workers is 5,929 which is 32.45% of the total population. Ward wise population of town Bada Malhera is given in table below:

Table 1: Ward wise Population of Bada Malhera Number of Population Household Total Schedule Schedule Total Male Female s d Tribe d Caste Literacy Literacy Literacy Ward 1 371 1772 63 60 1279 722 557 Ward 2 295 1475 647 14 877 538 339 Ward 3 190 950 16 82 654 371 283 Ward 4 185 868 0 0 486 299 187 Ward 5 110 540 0 10 304 174 130 Ward 6 242 1310 0 10 930 532 398 Ward 7 193 1062 9 4 746 423 323 Ward 8 217 1305 0 356 697 408 289 Ward 9 234 1295 18 532 752 427 325 Ward 10 234 1214 56 76 921 524 397 Ward 11 289 1554 5 43 1136 629 507 Ward 12 172 913 0 58 566 356 210 Ward 13 236 1114 0 664 644 398 246 Ward 14 233 1443 18 757 980 499 481 Ward 15 296 1520 15 895 910 545 365 Total 3497 18335 847 3561 11882 6845 5037 Source: Census of India - 2011

15. Scheduled tribes and scheduled castes comprise 4.62% and 19.42% respectively while the remaining 75.96% either belong to general category or other backward class (OBC).

Table 2: Demographic Information of Bada Malhera Sl. No. Detail Total Male Female 1. Population (2011) 18335 9646 8679 2. Scheduled castes 3561 1867 1694 3. Scheduled tribes 847 441 406 4. Sex ratio Females/1000 males 899 5. Population in Year 2020 21109 Source: Census of India - 2011

B. Status of Existing Water Supply 16. Presently, water is supplied from both surface and ground water sources. Water drawn from tube wells is pumped to existing tanks or directly distributed after initial disinfection. There are 16 tube wells in the town of which 10 are functional. Surface water is drawn from Kathan River. Kathan River has sufficient flow up to 4 months (July to October). There is an existing intake well on the bank of Kathan River having dia. 4m and height 15m. Intake well is located near village Garkhuwan in the natural pool of the river. Intake well can draw 2.52 MLD raw water. Existing WTP is capable of treating water up to 3 MLD but requires repairs. Clear water rising mains of length 1152 m having dia. 200mm connect to two existing OHTs of capacity 160 KL and 650 KL. Existing distribution network is around 18,447 m in length of dia. between 90mm-160mm HDPE pipes. The alternative sources of water supply are community wells, water tanks, hand pumps and water tankers. There are around 26 hand pumps in the town. Ground water is the main source of water as intake well, transmission mains and WTP require repairs. At present, 0.48 MLD of water is being supplied from 16 tube wells and per capita supply is estimated at around 26 LPCD. Daily, Nagar Parishad supplies water for duration of

1 hour and 30 minutes. There are 1,020 household connections. Details of the present water supply infrastructure available in Bada Malhera town are mentioned in Table 3.

Table 3: Status of Existing Water Supply Parameter Sub Parameter Details Surface Source Kathan river Tube wells 16 Nos; 10 are in working condition Hand pumps 26 Nos Present Well - Water Lake - Sources Dam - River - Intake well 4 m dia. 15 m height (requires repairing work) RWRM / RWGM Length 3600 m, Dia. 200 mm (CI) WTP Capable of filtering 3.0 MLD (1000 sq. m @ average 0.125 m3/m2/ hr filter rate slow sand filter bed). (Repairing work is required). CW centrifugal 2 nos. pumps of having discharge 19.45 LPS & head 33 meter. pump (Required capacity of Centrifugal Pump 25.88 LPS & Head 73 m Existing so ex. pump will be replaced. Water Supply CWRM Length 1152m, Dia. 200 mm (CI) Facilities Total supply 0.48 MLD (@ 26 LPCD considering losses MBR Not Available GSR Not Available BPT Not Available No. of OHTs 2 Capacity Staging Ht. Location (KL) (m) OHT-1 160 20 Ward 14 (Near Animal Hospital)

OHT-2 650 20 Ward 7 Near School Available Storage Capacity 800 Kilo Liters

Distribution Material Pr. Class Diameter Length - Network Length HDPE - 90-160 18447 m AC - 80-150 mm 5065 Domestic 1020 Water Commercial / Bulk - Connections Total 1020 Water Domestic 50/- Charges Commercial / Bulk - Engineer Pump Lineman Helper Total Present Staff Operator 1 2 1 2 6 Miscellaneous Water Supply Coverage- 70% area

Figure 1: Existing water supply facilities

650 KL in Ward No. 7 160 KL in Ward No. 14

C. Proposed Water Supply Scheme (WSS) 17. The primary objectives of the proposed water supply subproject include:

(i) To improve service for safe and sustainable water services both in terms of services to residents and cost recovery; (ii) To conserve water resources. The project envisages providing 100 percent coverage of population with continuous, pressurized and safe drinking water services and achieving progressively increase cost recovery by expanding the coverage and increasing operating efficiency; (iii) To consider a per capita supply at 70 LPCD.

18. For Bada Malhera WSS, the most appropriate water source considered is river Kathan near Garkhuwan village. Present water supply infrastructure is not adequate to meet the current and future water demand. Proposed WSS hence include: (i) weir (length 192 m, height 6 m) on Kathan River near Garkhuwan village; (ii) pick-up weir at Kathan river near Garkhuwan village of length 94 m and height in 2 m; (iii) repair of existing intake well; (iv) utilization of existing raw water rising mains (RWRM) of length 3600m and dia. 200mm; (v) repair of existing WTP of 3 MLD (vi) construction of two OHTs of capacity 100 KL and 330 KL at Zone 3 and Zone 4; (vii) clear water feeder mains (CWFM) from WTP to OHTs for 3641m length of 100- 200mm dia. of DI-K9 pipes; (viii) distribution network of 42,417m length (110-250mm dia.); and (ix) house service connections with meters.

Table 4: Proposed Components under WSS town Bada Malhera Infrastructur Function Description Location e Weir Creating storage in Construction of weir having Weir will be constructed Kathan River by total length of 192 m and across Kathan River in the constructing a weir height of 6 m upstream side of intake well & bridge near Garkhuwan village

Pick-up Weir Creating storage in Construction of pick-up weir Pick-up weir will be Kathan River by having total length of 94 m constructed across Kathan constructing a pick- and height of 2.0 m River in the downstream of up weir. Water after the proposed weir and being released existing intake well near from the weir will Garkhuwan village. get stored in the pick-up weir.

Infrastructur Function Description Location e

Rehabilitation Raw water Rehabilitation and repair of Existing intake well cum and repair of abstraction from existing intake well having pump house is located on the existing Intake Kathan River and diameter of 4.0 m and height bank of Kathan River near Well supply to WTP of 15.0 m and Ports 3 nos. Garkhuwan village, 300 mm dia. approximately 0.8km upstream of proposed pick- up weir and 0.67 km downstream of weir. Raw water To draw raw water Providing and installation of Raw water pumps will be pumping from source for 02 nos. Raw water Vertical installed in the existing intake station treatment and Turbine pump sets (one well located on the bank of transmission of raw working and one stand by) of Kathan River. water up to WTP 24.00 KW having motors of with adequate 31.67 HP each having pressure discharge of 26.89 lps & pumping head of 61.82 m with 72.00 KVA transformer (for uninterrupted power supply to pumps and motors) with all other necessary electrical and mechanical installations Utilization of Raw water Utilization existing length - Existing raw water pipeline existing Raw transmission to 3600 m having Diameter 200 have been laid underground water rising WTP for Treatment mm (CI) pipe considered for from the intake to WTP site main (RWRM) design in the proposal along an existing PWD and ULB road within ROW by PHE Department. Rehabilitation Treatment of raw Rehabilitation and repairs of Existing WTP is located on and repairs of water to meet the existing WTP having 3.00 Garkhuwan road in ward no. Existing drinking water MLD capacity: 12, Bada Malhera town Water standards as per Treatment standard norms Plant (WTP) Clear water To provide 02 Nos. Centrifugal Clear water pumps will be pumping adequate pressure Horizontal Split Casing installed in the existing WTP station to transmit water to Pumps of 27.00 KW along campus near the clear water overhead tanks with motors of 35.99 HP sump. having pumping head of 73 m shall be provided with all necessary electrical and mechanical equipment. The discharge of pumps shall be 25.88 lps as required for intermediate phase. Clear water Treated water Existing length - 1152 m Existing Clear water rising rising main transmission to having Diameter 200 mm (CI) main pipelines have been laid (CWRM) service reservoirs pipes considered for design by PHE Department from in the proposal. existing WTP to existing 650 Proposed length - 3641 m KL OHT and are laid within having Diameter 100 - 200 the ROW of Nagar Parishad mm (DI K-9) pipes. roads. Pipes have been laid underground. Diamet Lengt Materi Additional clear water rising er h (m) al main pipelines will be laid (mm) within the ROW of PWD, 100 1571 DI K-9 NHAI and Nagar Parishad

Infrastructur Function Description Location e 150 666 DI K-9 roads which are wider. Pipes 200 1404 DI K-9 will be laid underground. Total 3641 DI K-9

OHTs To distribute clear Proposed to construct 02 • OHT 330 KL capacity water from service nos. RCC OHT. located near Sarasawati reservoirs to • OHT 330 KL having Shishu Mandir School in consumers with staging height 15 m, Ward No. 1, Bada standard pressure • OHT 100 KL having Malhera staging height 18 m, • OHT 100 KL capacity located in in Ward No. 12 Utilization of 02 nos. near Shiv Mandir, existing OHT after Kommodpur, Bada rehabilitation and repairs Malhera works Total area required for each OHT is (0.025 ha) and sites • OHT 160 KL capacity are owned by Revenue having staging height 20 Department, GOMP. m, • OHT 650 KL capacity • OHT 160 KL capacity having staging height 20 located near Animal m Hospital in Ward no. 14, Bada Malhera. • OHT 650 KL capacity located near government school in Ward no. 7, Bada Malhera. Distribution To distribute clear Utilization of existing Pipes will be laid network water from service distribution networks having underground along the Improvement reservoirs to length - 18447 m and existing roads under Nagar consumers Diameter 90 - 160 mm Parishad Bada Malhera; this (HDPE PN 10), pipes work will cover entire area of considered for design in the the town; including narrow proposal. roads. Where roads are narrow, pipeline will be laid Diame Leng Material within the tarmac; while ter th where the roads are very (mm) (m) wide (15m or more), the 90 4608 HDPE pipelines will be laid on both PN 10 sides of the road. 110 9248 HDPE Majority of the existing pipes PN 10 are of Asbestos Cement; and 160 4591 HDPE therefore, existing pipes will PN 10 be left as it is in the ground, Total 18,4 HDPE untouched. 47 PN 10

• Proposed length - 42417 m having Diameter 110 - 250 mm HDPE PN 10, pipes.

Diame Lengt Materia ter h (m) l (mm) 110 38800 HDPE PN 10

Infrastructur Function Description Location e 140 1994 HDPE PN 10 160 558 HDPE PN 10 180 349 HDPE PN 10 200 536 HDPE PN 10 225 127 HDPE PN 10 250 180 HDPE PN 10 Total 42,41 HDPE 7 PN 10

Bulk Water Monitor water flow 17 nos. Fixed at strategic locations at Meters in the improved source, OHTs, DMA inlets network etc., bulk meters will be fixed with the pipe section Consumer Provide water to Domestic Connections - Water delivery pipe (MPDE of connection consumers and 2156 nos. dia 20 - 25 mm) will be with flow measure water connected to distribution meters usage Non-Domestic Connections - lines and meters will be 50 nos. attached to the delivery pipe at each house with a meter chamber Source: DPR

19. Key Plan of the proposed WSS for town Bada Malhera is depicted in Figure 1 below while location of the proposed components is depicted on google map, refer to Figure 3.

Figure 1: Key Plan of Proposed WSS town Bada Malhera

IV. FIELD WORK AND PUBLIC CONSULTATION

20. This due diligence report is prepared in consultation with stakeholders including local residents, beneficiaries/consumers, and Urban Local Body (ULB) officials/representatives. Informal consultations and focus group discussions (FGDs) were conducted to seek feedback

from local people and other important stakeholders on the proposed development interventions, perceived impacts and mitigation measures and their participation.

A. Outline of Fieldwork 21. During the site visit, the proposed subproject facility locations and pipeline alignments identified was undertaken. The activity includes field visit to the identified sites, subproject alignments and stakeholder consultations. Based on the result of the field survey, the entire land requirement for the proposed subproject components will be carried out in lands under the legal ownership of the government. The details of selected lands for subproject components are given in the Appendix 1 and 5.

B. Field work Report 22. In order to collect data and information for the subproject, a series of discussions and meetings were held attended by the ULB officials, public representatives, stakeholders and residents of Bada Malhera. The details of the consultation are attached in Appendix 2.

(i) During the meeting and discussion, the present situation of water supply in the town and the requirement of the stakeholders were assessed. Based on present water supply arrangements and identified gaps, the proposed scheme is designed; (ii) With the ULB authorities, all the possible water supply sources were visited and locations for all other the components of water supply scheme identified; (iii) All the options of possible water supply source, its dependability, quality assurance of source available and the distance from the town were studied; (iv) Water from the selected source was collected and tested from the Laboratory of Bhopal Municipal Corporation Laboratory, Bhopal. Also test report is obtained for the purpose of detailed design; (v) Water security is ensured by holding consultation and seeking No Objection from the concerned department like WRD etc. such that best-chosen water source is made available to ULB for the purpose of water supply scheme; and (vi) Revenue authorities were contacted to identify and collect details of the land ownership of the specific subproject component and to ensure the land transfer to ULB for WTP, OHT etc. (vii) After getting all the required data for the preparation of DPR, the survey team was mobilized for the survey work, focusing on road survey for the water supply distribution system.

C. Public Consultation 23. Extensive consultations were undertaken with key stakeholders in line with ADB's requirements pertaining to environment and social considerations. Focus group discussion (FGD) was also conducted at nearby locations of OHT sites. The FGD was participated by various stakeholders such as personnel involved in infrastructure like water, wastewater and allied services, and staff and engineers of Local Body, WRD, PWD, National Highways and District Administration. Various issues likely to be encountered during and after construction and mitigation measures to address the same were identified and discussed during the FGD (refer to Appendix 2). The following were the outcomes of consultations:

(i) The consultations helped identify the felt needs /concerns and apprehensions of the communities related to the project and priorities of concerned stakeholders.

(ii) Consultations revealed that people are aware of the problems of the existing water supply system in the town and are willing to cooperate in the proposed project. (iii) Consultations with the key stakeholders revealed that existing water supply system is in a poor condition, so improvement is required and local inhabitant will definitely and fully accept the project. (iv) The ULB Officials have apprehensions regarding the project whether it will be a financial burden to the Nagar Parishad. The Nagar Parishad does not have capacity or resource to be party in sharing the loan repayment.

24. The major stakeholders targeted during consultations are listed below. (For the summary of the stakeholder consultations, refer to Appendix 2 while for the photographs of the consultations and list of participants, refer to Appendix 3.

(i) The municipalities, its elected members and staff who will be required to oversee the construction of the distribution networks and WTP as well as be directly responsible for the maintenance of the installations. (ii) Local residents who will take initiative to connect their houses with the water distribution line. (iii) Local business people and traders. (iv) The opinion makers are intimately acquainted with and well regarded by the community. They need to be enlisted in spreading environmental awareness within the community as well as in conveying the benefits of the project.

V. LAND AVAILABILITY AND INVOLUNTARY RESETTLEMENT IMPACTS

25. This subproject has been designed to avoid and minimize acquisition of private lands and involuntary resettlement impacts. No acquisition of private lands is anticipated for any of the proposed civil works for Bada Malhera water supply subproject as all project interventions were proposed to be within government land. The land identified for the proposed subproject components are government lands which are reported to be vacant, unused and without any non-titleholders/other use.

26. River Kathan flows in the western side of the town, at a distance 3.6km from the Bada Malhera town and it is the only surface water source available for the town. Proposed components like weir and pick-up weir are proposed near Garkhuwan village within the Kathan river course and land belongs to Water Resource Department (WRD). Permission for construction of proposed weir and pick-up weir is to be taken from WRD, Government of Madhya Pradesh (GOMP). Limiting the height of water impounding structures (weir and pick- up weir) is according to the height of the river banks so that the storage is limited to the river course. No submergence of adjoining lands or impacts on downstream users is envisaged. Sufficient water flow has been ensured and will be maintained for downstream users. No major activity like fishing and any other activity is reported both upstream and downstream of the weirs and intake. There are no impacts envisaged for proposed repair works at existing intake well as works will be undertaken within its premises. Existing Intake well site belongs to Nagar Parishad - Bada Malhera.

27. Existing raw water rising main (RWRM) of 3600m of dia. 200mm CI pipes will be utilized. This was laid within the right of way (ROW) of existing Public Works Department (PWD) road. There are no encroachments and hence no involuntary resettlement impacts are envisaged. No additional permissions or no objection certificates are required.

28. Various repair works are proposed at existing WTP including repair of sedimentation

tank, raw water channel, alum mixing plant, sluice filter bed, scrapping of top layer of filter sand & refilling, clear water pump house and coloring etc. Additionally, construction of pumping station and boundary wall is also proposed. WTP land belongs to Bada Malhera Nagar Parishad (Khasra no. 160). All repair and new construction works will be undertaken within existing premises and no involuntary resettlement impacts are envisaged. Available land is adequate and is free of any encumbrances.

29. The entire town is divided into four water supply zones. Apart from existing two OHTs which will be utilized under the proposed project, additional two new OHTs of capacity 330 KL and 100 KL are proposed at Ward no-1 near Saraswati Shishu Mandir School and Ward no- 12 near Shiv Mandir, Kammodpur respectively. Land identified for both new OHTs belongs to Revenue Department, Government of Madhya Pradesh. Land details has been obtained from revenue department, refer to Appendix 5. The land is free of any encumbrances and no involuntary resettlement impacts are envisaged.

30. Clear water feeder mains (CWFM) of length 3,641m of dia. 100-200mm of DI pipes will be laid from WTP to proposed OHTs. Pipelines will be laid within the road’s existing right of way (ROW) belong to PWD, NHAI and Nagar parishad – Bada Malhera. There are no encroachments and hence no involuntary resettlement impacts are envisaged. Permission /no-objection certificate (NOC) is required from PWD and NHAI for laying of CWFM.

31. The total length of proposed distribution system is 42,417 M. of HDPE pipes of pressure rating PN10 having dia. 110 mm to 250 mm, for details. Proposed distribution network pipelines will be laid along existing roads within the jurisdiction of Nagar Parishad- Bada Malhera. Proposed pipe diameters to be laid range between 110-250mm depending on the width of the roads that vary between 3 to 15 M. Photographs of the proposed alignment have been taken, refer to Figure 2. Distribution lines are proposed on one sides/ center of the road depending up on availability of space where road width is less. Pipe laying activity on roads in the most congested market areas and densely built-up areas has been carefully planned to avoid involuntary resettlement impacts including temporary economic impacts to hawkers, shops and businesses.

32. Measures will be taken to minimize excavation, disturbance to pedestrians and traffic and avoid income loss to businesses, while minimizing road reconstruction costs. Temporary impacts to traffic/access to shops and residences due to digging of pits for pipe laying are possible during construction; however, these will be mitigated by ensuring access to properties through provision of pedestrian planks, provision of adequate signage, and careful traffic management. Mobile hawkers will be assisted to move to places vacant nearby or to other side of the road, to ensure their earnings are not affected. No income loss is anticipated. Temporary loss of income identified during the construction period, if any, will be mitigated in accordance with the Resettlement Framework of MPUSIP. Civil works in the project include linear excavation for laying pipes within the roads, placing pipes in the trench and refilling with the excavated soil. The trenches will be of 0.4m – 0.7m wide and 0.8 to 1m depth. Subsequent to completion of works, road reinstatement will be undertaken by the contractor as part of the civil works. The proposed distribution pipelaying on roads in most part of the town will not have any permanent or temporary involuntary resettlement impact.

33. The subproject includes provision of house service connections tapping from a distribution main/sub-main including one tapping saddles, elbows and service pipe from tapping point to the chamber near property boundary or inside the property boundary. Domestic water meters are proposed to be installed of displacement type mechanical water meter for each house service water connection (2206).

Table 5: Proposed Subproject Components and its Involuntary Resettlement Impact

Sr. Length Land Component Unit (No.) Involuntary Resettlement Impact No. Ownership Weir of length 192 M and height 6 M is Water proposed on Kathan river near Garkhuwan 1 Weir 1 192 M Resource village. Proposed site belongs to WRD, is Department vacant, unused. Therefore, no involuntary (WRD) resettlement impact is anticipated. Pick up Weir of capacity 94m and height and 2m height is proposed downstream of the proposed Weir within the river course. The 2 Pick up Weir 1 94 M WRD land belongs to WRD. Land is without any use. Therefore, no involuntary resettlement impact is anticipated. Repair Various proposed repair works will be Nagar works of accommodated within the existing premises. 3 1 Parishad, Bada existing No additional land is required. Therefore, no Malhera Intake Well involuntary resettlement impact is anticipated. Existing RWRM of Length 3600m, Dia. 200mm (CI) pipeline will be utilized which has already Raw Water Existing road 4 been laid underground within the existing right Rising Main 3600 M under PWD of way of PWD road. No involuntary resettlement impact is anticipated.

Repair Nagar Various proposed repair works will be 5 works of 3.0 MLD Parishad, Bada accommodated within the existing premises. existing No involuntary resettlement impact is WTP Malhera anticipated. Existing road under PWD, CWFM of length 3641 M and dia. 100-200mm Clear Water NHAI and DI K-9 pipelines will be laid within the existing Feeder roads under 6 - right of way of PWD, NHAI and Nagar Mains 3641 M the jurisdiction Parishad roads. No involuntary resettlement (CWFM) of Nagar impact is anticipated. Parishad-Bada Malhera New OHT of capacity 330 KL with staging Revenue height of 15 M is proposed at Ward no.1 near Department, Saraswati Shishu Mandir School at Bada 7 OHT-1 330 KL - Government of Malhera. The land is vacant, unused and Madhya without any settlement/ squatter /cultivation. Pradesh No involuntary resettlement impact is anticipated. New OHT of capacity 100 KL with staging Revenue height of 18 M is proposed at Ward no. 12 Department, near Shiv Mandir, Kammodpur at Bada 8 OHT-2 100 KL - Government of Malhera. The land is vacant, unused and Madhya without any settlement/ squatter /cultivation. Pradesh No involuntary resettlement impact is anticipated. Existing roads Pipelines pass through existing road ROW 9 Distribution - 42417 pipelines under the (government roads). Temporary impacts on

Sr. Length Land Component Unit (No.) Involuntary Resettlement Impact No. Ownership (HDPE) jurisdiction of traffic/access to shops and residences will be Nagar avoided; contractor will have to ensure access Parishad-Bada to shops and residences as per EMP Malhera provisions. Contractor will provide signage indicating available alternate access route to minimize traffic disruptions. 2156 ROW of domestic existing road During construction period, temporary access Household + 50 belongs to disruption to residences and shops will be 12 connection Non- Nagar avoided. Contractor will be required to ensure s domestic Parishad- access as per EMP provisions. connecti Bada Malhera ons

34. Mitigation measures to be taken: The sites or locations for the subproject components have been selected carefully to avoid and minimize involuntary resettlement impacts. The following mitigation measures are proposed to avoid and/or reduce the impacts during linear pipe works:

(i) Provide advanced notice (minimum one week) to community along the construction stretch. Distribute information on project and grievance redress mechanism; (ii) Maintain access to avoid disturbance to residents and businesses by providing planks and leaving spaces for businesses and residents to maintain access; (iii) Manage traffic flows as per traffic management plan prepared by the contractor in coordination with local authorities and communities; (iv) Limit the amount of time of open trenches, and complete works quickly where business activities are located; (v) Avoid full street closure to the extent possible; (vi) Contractors shall provide employment opportunity to the local residents and particularly women where possible; and (vii) Contractors shall assist vendors and hawkers in shifting to alternative locations, if required.

35. This subproject does not have any involuntary resettlement impact as there will be no private land acquisition, physical or economic displacement. The subproject will not require acquisition of private land as the subproject components are proposed on vacant and unused public land which is owned by the Revenue Department or WRD. The transmission and distribution pipeline carrying raw and clear water will traverse only through government road ROW. Thus, no impact on involuntary resettlement is expected. An involuntary resettlement screening checklist is prepared and attached as Appendix 4. The subproject is classified as ‘Category C’ for Involuntary Resettlement as per ADB SPS 2009.

VI. INFORMATION DISSEMINATION

36. This due diligence report will be made available in the office of the Nagar Parishad, Bada Malhera, project implementation unit (PIU), project management unit (PMU) and ADB website for easy access to all stakeholders including the local community of the town.

VII. BUDGET

37. A budgetary provision is made for costs likely to be incurred during implementation of subproject.

Table 6: Budget Sl. Description Target Estimated cost Source of fund No. group 1 For consultation, awareness Subproject INR 250,000 Included in generation, workshop on health Area subproject cost and hygiene and grievance redress 2 Connection Drive and GRM Subproject INR 100,000 Included in Area subproject cost 3 Tanker supply for areas where Subproject INR 75,000 Included in existing water supply is disrupted Area subproject cost during construction 4 15% contingencies Affected INR 63,750 Included in persons of subproject cost project area Total INR 4,88,750

VIII. CONCLUSIONS

38. No involuntary resettlement impacts are anticipated at identified sites for proposed components under WSS Bada Malhera, as adequate vacant land is available for the proposed facilities, within the compounds of government lands. Application has been submitted to the WRD by the office of CMO-Bada Malhera to get no objection certificate (NOC) for water abstraction from river Kathan. Repairs to intake well and WTP will be undertaken within the premises and lands are under possession of Nagar Parishad–Bada Malhera. No involuntary resettlement impacts are envisaged. Identified sites for both the proposed OHTs belong to Revenue Department, GOMP. Transfer of identified sites from revenue department to in the name of Nagar Parishad-Bada Malhera is in progress. Land records are collected from revenue department, refer Appendix 5. Linear components such as RWRM, CWRM and distribution network (pipe laying) are proposed within the ROW of the existing government roads which belongs to PWD, NHAI and Nagar Parishad-Bada Malhera. No objection certificates (NOC) to be obtained from PWD and NHAI departments. Temporary disruption to road users, pedestrians and community members will be avoided in the most congested zones of Bada Malhera with proper traffic management with the help of local police and officials. Safety measures will be taken during construction time to avoid injuries. Inconveniences to the public are mitigated during construction by the contractor through simple measures such as provision of planks for pedestrian access to shops with effective traffic management. Any temporary loss of income identified during construction will be mitigated in accordance with the agreed Resettlement Framework of MPUSIP-AF. The subproject is classified as “Category C” for Involuntary Resettlement impact as per ADB’s Safeguard Policy Statement (SPS), 2009.

39. The Social Safeguards personnel at PMU and concerned PIU, MPUSIP will be responsible to undertake a review of the draft due diligence report prior to project implementation and if there is any change in the alignment/sites, concerned safeguard officials will carry out a due diligence investigation to document and study the social impact assessment of new alignment/sites.

40. A grievance redress mechanism (GRM) will be established to receive, evaluate, and facilitate the resolution of community peoples’ concerns, complaints, and grievances about the social and environmental performance at the level of the project, if any. The GRM will provide a time-bound and transparent mechanism to voice and resolve concerns linked to the project. The Executing Agency/Implementing Agency will ensure compliance to all applicable national laws and the ADB SPS, 2009.

IX. NEXT STEPS

41. A confirmation and assessment of impacts needs to be undertaken at detailed design and detailed measurement survey stage, prior to start of construction. If any site or design change leads to involuntary resettlement impacts, a resettlement plan will be prepared. Any temporary loss of income identified during construction will be mitigated in accordance with the agreed Resettlement Framework of MPUSIP-Additional Financing. If no impacts are assessed at detailed design stage, the draft due diligence report needs to be updated with the following information:

(i) NOC is required from WRD to abstract water from Kathan River (in progress) (ii) NOC is required from PWD and National Highways Authority of India (NHAI) to lay CWRM pipelines; (iii) For two proposed OHTs, ownership transfer to Nagar Parishad-Bada Malhera from Revenue Department; (iv) Additional consultations at sites of weir, intake well, WTP etc. (v) Reflection of design or site changes proposed, if any. (vi) The updated social safeguards document for the package needs to be submitted to ADB and a No Objection from ADB obtained, prior to start of construction.

Appendix 1: Details of Land Ownership of Proposed Components under WSS Bada Malhera