Combined Resettlement and Indigenous Peoples Plan (Final)
Loan Number: 3012 NEP August 2017
Nepal: SASEC Road Connectivity Project
EWH-Koshi Bridge-Chatara-EWH Road (Pakali-Nadaha Section)
Prepared by the Government of Nepal
This combined resettlement and indigenous peoples plan 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 use” section of this website. SASEC Road Connectivity Project (SRCP)
CURRENCY EQUIVALENTS (as of 1 Aug 2017)
Currency unit – Nepalese rupee (NPR) NPR1.00 = $ 0.009713 $1.00 = 102.95
Resettlement Plan for Pakali - Nadaha Road i SASEC Road Connectivity Project (SRCP)
ABBREVIATIONS
ADB - Asian Development Bank Aps - Affected Persons BPL - Below Poverty Line CBO - Community Based Organization CBS - Central Bureau of Statistics CDC - Compensation Determination Committee CDO - Chief District Officer COI - Corridor of Impact CRIPP - Combined Resettlement and Indigenous People Plan DAO - District Administration Office DCC - District Coordination Committee (existing District Development Committee DLSO - District Land Survey Office DLRO - District Land Revenue Office DOR - Department of Roads CSC - Construction and Supervision Consultant EA - Executing Agency EWH - East West Highway FGD - Focus Group Discussion GDI - Gender Development Index GEU - Geo- Environment Unit GRC - Grievance Redress Committee GoN - Government of Nepal HDI - Human Development Index HPI - Human Poverty Index HHs - Households IA - Implementing Agency MoPIT - Ministry of Physical Infrastructure and Transport PDP(s) - Project Affected Family (Families) PD - Project Director, PID PIU - Project Implementation Unit ROW - Right of Way RP - Resettlement Plan R&R - Resettlement and Rehabilitation RS - Resettlement Specialist SPAF - Severely Project Affected Family SPS - Safeguard Policy Statement (ADB 2009) Sqm - Square meters TPPF - Transport Project Preparatory Facility VDC - Village Development Committee (Currently changed to Rural Municipality) ZOI - Zone of Influence
Resettlement Plan for Pakali - Nadaha Road ii SASEC Road Connectivity Project (SRCP)
GLOSSARY Affected Person – Any person including Vulnerable encroachers/squatters, households, business affected by the project through the acquisition of land or other assets or disruption in business irrespective of legal or ownership title. This includes any person whose rights, standard of living, subsistence and income-generating capacity are adversely affected because of the disruption in the acquisition of assets or business, whether full/partial, or permanent/temporary.
Compensation – The payment in cash or kind for private property acquired by the government for the project, based on replacement value
Corridor of Impact – Minimum width of land required for the construction of roads and provision of shoulder, width plus safety zone on either side of the road. COI is generally within the ROW, except where construction requirements and topography necessitate the acquisition of wider area.
Cut-off Date – The date of census survey to count the DPs and their affected business and assets.
Entitled Person – Any person physically or economically displaced 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.
Local Consultative – Municipalities/village level committees established to assist the Groups affected population, legally constituted committees for land acquisition and project authorities, monitoring of implementation issues and community reactions and grievance resolution.
Poverty Line – The cost of maintaining basic minimum needs. PLIs have been Income defined by different organizations and the government departments, using factors such as per Capita calorie requirements and expenditures on housing and other non- food items.
Rehabilitation – The measures taken to mitigate social impacts, including compensation, resettlement and rehabilitation allowances where required
Replacement Cost – The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, and (iv) other applicable payments,
Right of Way – The legal right to use the land by the Department of Road. Titleholder – The person in whose name the project-affected business, land and/or building business is legally registered and who is authorized to receive the compensation granted for the loss of business or acquisition of the land Tenant A person occupying or utilizing buildings of a titleholder/house owner on rent. Vulnerable They are the disadvantaged persons such as disabled, women persons headed households, handicapped, orphans, destitute, independent elderly persons above 70 years of age, landless laborers, wage earners and people living below the poverty line.
Resettlement Plan for Pakali - Nadaha Road iii SASEC Road Connectivity Project (SRCP)
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...... 1 A. Project Description ...... 1 B. Resettlement Impacts ...... 1 C. Information Disclosure, Consultation and Participation ...... 2 D. Grievance Redress Mechanism ...... 2 E. Legal Framework ...... 3 F. Entitlement, Assistance and Benefits ...... 3 G. Resettlement Budget and Financing ...... 3 H. Institutional Arrangement ...... 3 I. Implementation Schedule ...... 4 J. Monitoring and Reporting ...... 4 I. PROJECT DESCRIPTION ...... 5 A. General Description of the Project and objectives of the RP ...... 5 B. Description of the project road ...... 5 C. Measures to avoid or minimize impact ...... 8 D. Objective and Methodology of the Resettlement Plan ...... 8 II. SCOPE OF LAND ACQUISTION AND RESETTLEMENT ...... 10 A. Project benefits ...... 10 B. Summary of negative Impacts ...... 10 C. Scope of land acquisition ...... 11 D. Impacts on private structures ...... 11 E. Impact on Community Structures ...... 12 F. Other impacts ...... 13 G. Impact on Socially Vulnerable Groups ...... 13 H. Indigenous people (IP)...... 14 III. SOCIOECONOMIC INFORMATION AND PROFILE ...... 15 A. Social profile of affected households ...... 15 B. Economic profile ...... 16 C. Socioeconomic profile of IP households ...... 18 D. Gender Analysis ...... 21 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 23 A. Introduction ...... 23 B. Methods of public consultation ...... 23 C. Key Issues Raised During Social Consultation ...... 24 D. Disclosure of the resettlement plan and further consultations ...... 27 V. GRIEVANCE REDRESS MECHANISMS ...... 28 VI. LEGAL FRAMEWORK ...... 31 A. Legislation ...... 31 B. Land Acquisition Act of 1977 ...... 31 C. Land Acquisition, Rehabilitation and Resettlement Policy of 2015 ...... 31 D. ADB Resettlement Policy ...... 32 E. Nepal and ADB resettlement policy differences and measures to bridge the gaps...... 33 VII. ENTITLEMENT, ASSISTANCE AND BENEFITS ...... 35 A. Entitlement Policy and Matrix ...... 35 B. Compensations Provisions ...... 35 C. Compensation for the Loss of Income Generating Assets ...... 35 D. Additional Assistance to Vulnerable Groups ...... 36 E. Compensation for the Loss of Residential/Commercial Structures ...... 36 F. Relocation and Income Restoration ...... 37
Resettlement Plan for Pakali - Nadaha Road iv SASEC Road Connectivity Project (SRCP)
VIII. RELOCATION PREFERENCES ...... 44 IX. LIVELIHOOD RESTORATION MEASURES ...... 45 X. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 46 A. Cost for Land Acquisition ...... 46 B. Cost for Private structures ...... 46 C. Assistance to Reconstruction and Rehabilitation Allowances ...... 47 D. Additional Assistance to the Vulnerable Groups ...... 48 E. RP Implementation and Management Cost ...... 49 F. Contingencies ...... 49 G. Total cost estimate...... 49 H. Financing Plan ...... 50 XI. INSTITUTIONAL ARRANGEMENTS ...... 51 A. Central level Project Implementation Unit (PIU), Department of Roads (DOR): ...... 51 B. Field-level PIU, DOR ...... 51 C. Compensation Determination Committee (CDC) ...... 51 D. Grievance redress committee (GRC) ...... 52 E. Supervision consultant (SC) ...... 52 F. Staff training at PIU...... 53 XII. IMPLEMENTATION SCHEDULE ...... 54 XIV. MONITORING AND REPORTING ...... 56 A. Internal monitoring System ...... 56 B. External monitoring ...... 57 C. Reporting ...... 57
List of Tables Table 1: Details of Pakali- Nadaha ...... 1 Table 2: Summary of Affected Asset ...... 2 Table 3: Salient Features of the Pakali-Nadaha Project Road ...... 8 Table 4: Number of Affected People ...... 11 Table 5: Status of impact ...... 11 Table 6: Extent of Loss of Land ...... 11 Table 7: Types of assets by loss and structure type ...... 12 Table 8: Types of Affected Structures ...... 12 Table 9: Affected Community structure ...... 12 Table 10: Vulnerability Status of the APs of Affected Households ...... 13 Table 11: Age Wise Distribution of Household Members ...... 15 Table 12: Affected households by Ethnicity ...... 15 Table 13: Educational Status of the Respondents of Affected households ...... 16 Table 14: Literacy Status of the Family Members of the Households ...... 16 Table 15: Main Sources of Income of Interviewed Households ...... 16 Table16: Economically Active Population by Sex ...... 17 Table 17: Average Annual Income of the affected households (NRs) ...... 18 Table 18: Poverty Status by Ethnic/Indigenous & Other Caste Groups ...... 18 Table19: Indigenous People (Janajaties) IP ...... 18 Table 20: Affected Indigenous People Categorization as per NEFIN ...... 19 Table: 21 Occupational statuses of IP households ...... 19 Table 22: Income Range of the IP HHs ...... 20 Table 23: Main Source of Income of affected IP Population ...... 20 Table 24: Educational Status of the IP HHs ...... 21 Table 25 Domestic Amenities in IP HHs ...... 21
Resettlement Plan for Pakali - Nadaha Road v SASEC Road Connectivity Project (SRCP)
Table 26: Methods Applied During the Course of Consultations ...... 23 Table 27: Public Consultation matrix ...... 24 Table 28: Comparison of differences & gaps between Government Law, ADB SPS and Measures Recommended in the Resettlement framework ...... 33 Table 29: Entitlement Matrix ...... 38 Table 30: Preference for relocation assistance ...... 44 Table 31: Income Restoration Measures ...... 45 Table 32: Estimated Compensation Cost for Land...... 46 Table 33: Estimated Compensation Cost for Structures ...... 47 Table 34: Displacement and Rehabilitation Allowances...... 48 Table 35: Additional Assistance to Vulnerable Groups ...... 48 Table 36: Cost Estimated for Resettlement Implementation Activities ...... 49 Table 37: Summary of Compensation Costs ...... 50 Table 38: Monitoring issues and Indicators ...... 56 Table 39: Scope of External Monitoring ...... 57 Table 40: Reporting Requirements...... 58
List of Figures Figure 1: Location Map of the Project Road ...... 6 Figure 2: Road Alignment Map of Pakali-Nadaha Road ...... 7 Figure 3: Organizational Structure of GRC ...... 29 Figure 4: Grievances Resolution Steps and Process ...... 30 Figure 5: Implementation Schedule of the Resettlement Plan ...... 55
APPENDICES
APPENDIX 1: INFORMATION OF THE RIGHT OF WAY & LAND ACQUISITION
APPENDIX 2 A: CALCULATION LOSS OFPERCENTAGE FROM TOTAL LAND HOLDINGS
APPENDIX 2 B: LIST OF AFFECTED STRUCTURES
APPENDIX 3: LIST OF COMMUNITY STRUCTURES
APPENDIX 4: LAND AND STRUCTURE VALUATION METHODOLOGY
APPENDIX 5: TERMS OF REFERENCE FOR SOCIAL SAFEGUARD CONSULTANT
APPENDIX 6: TERMS OF REFERENCE FOR THE EXTERNAL MONITOR
APPENDIX 7: PUBLIC CONSULTATION
APPENDIX 8: PHOTOGRAPHS
Resettlement Plan for Pakali - Nadaha Road vi SASEC Road Connectivity Project (SRCP)
EXECUTIVE SUMMARY
A. Project Description
1. The Government of Nepal has requested financial assistance from the Asian Development Bank (ADB) to implement the SASEC- Road Connectivity Project (S-RCP). The project will finance improvements of Pakali- Nadaha double lane National Highway Standard of East- West Highway of Chatara section in the eastern part of Nepal. The project will contribute to poverty reduction and support the economic development of rural communities through (i) improved connectivity and accessibility to markets, district headquarters and other centers of economic activity; (ii) year-round all weather road connections; and (iii) improving DOR capacity for managing road construction/ improvement and maintenance. 2. The main objective of the Resettlement and Indigenous People’s Plan (RIPP) is to identify adverse social impacts related to the project. This RIPP combines involuntary resettlement planning with indigenous peoples (IP) planning given that the majority of project-affected households (43%) are indigenous, or janajatis as they are known in Nepal. The IP households are however fully integrated into the mainstream society and the project will not have any impact on the tribal land.
3. This RIPP describes the (i) types and the extent of losses of assets including land and physical structures; (ii) policy and legal framework for mitigating losses; (iii) an entitlement matrix, (iii) a budget, (iv) institutional framework for the implementation of the plan, including monitoring and evaluation.
4. This document is the Resettlement Plan for the Pakali-Nadaha road. It is expected that the Pakali – Nadaha highway improvements will impact 145 households (580 persons). The road improvements will consist in upgrading and widening of the existing road into two lanes, additional road side structures, geometry improvement, pavement construction with DBST Concrete, drainage improvement, retaining structures, slope protection/stabilization; bridge construction, works on traffic management and road safety.
Table 1: Details of Pakali- Nadaha
Length Districts Covered Construction Details (km) Upgrading and widening of existing road in to double lane, additional roadside structures, slope protection works, bio- engineering works, drainage/cross drainage works, and Sunsari district 12 pavement construction with DBST Concrete. The Department of Roads (DoR) intends to improve this Pakali- Nadaha road to an all-weather DBST concrete double lane Asian Highway Standard.
B. Resettlement Impacts
5. The road section starts at Kanchhichowk (East-West Highway) of Pakali in Itahari Sub- Metropolitan City (SMC) and passes through various settlement areas (built-up area), uncultivated and cultivated land and ends at Nadaha of Bharaul Village of Sunsari district.
Resettlement Plan for Pakali - Nadaha Road 1 SASEC Road Connectivity Project (SRCP)
6. All efforts have been to avoid involuntary resettlement wherever possible by adopting an appropriate technical design that minimized social impacts. Although the RoW is 30 meters (15 m each side from centerline of the road), its utilization was minimized and the resettlement impacts are limited to the Corridor of Impact (COI) which is 16 meter (8 m each side from centerline of the road), in built-up sections. Structures and private land acquisition have been avoided to the extent possible.
7. The road improvements will require minor land acquisition where the existing alignment is insufficient to meet the requirement of new design, usually for intersection improvement at bridge construction areas. The land to be acquired mostly comprises small strips of uncultivated and cultivated land on either side of the existing road. There is no major impact on the income of affected households due to loss of land. A total of 15 private land parcels equivalent to 2507.06 square meters and belonging to 10 households will be affected by the project. Moreover, a total of 151 structures belonging to 142 households will also be affected; most of them (135) belong to non-titled holders. Only 700kg of paddy crops are expected to be affected. The table below summarizes total affected households in road alignment.
Table 2: Summary of Affected Asset
Type of Asset Affected No of affected HHs
Land only 3 Land with residential house 7 Residential house without land 65 Commercial only without land 46 Commercial cum Residential structures & others without land 24 Total 145 C. Information Disclosure, Consultation and Participation
8. Consultations were undertaken at different levels, in particular with affected persons, but also with local level social workers, representatives of political parties, civil society organizations, business persons, and representatives of vulnerable groups. At least one meeting was held in each major settlement to get feedback of people’s perceptions of the project and suggestions. A total of 221 persons were consulted for the preparation of this RP.
9. A one-page leaflet containing information about impacts, entitlements, grievance redress mechanism and contact information will be distributed to affected persons and a summary of the RP will be translated into Nepali and will be made accessible to the affected people through the respective District Coordination Committee (DCC) and Chief District Officer (CDO) The RP will be disclosed to the EA’s and ADB’s websites. D. Grievance Redress Mechanism
10. With a view to likeliness of grievances during RP implementation, provision of constituting Grievance Redress Committee (GRC) has been made in the RP to cut down the lengthy litigation. The GRC to be coordinated by Project Manager (PM) as the Member Secretary
Resettlement Plan for Pakali - Nadaha Road 2 SASEC Road Connectivity Project (SRCP)
supported by other members (to be nominated as needed) and representatives of affected persons (APs). In order to reduce the number and pressure of grievances at district level, the RP also ensures provision of forming Subproject Level Committee (SLC) to be represented by local level communities and APs. The SLC is expected to resolve the general grievances at community level before formal submission to GRC. E. Legal Framework
11. The Resettlement Plan (RP) is guided by the ADB Safeguard Policy Statement 2009, Land Acquisition, Resettlement and Rehabilitation Policy for Infrastructure Development Projects 2071 (2015), Land Acquisition Act of Nepal 2034 (1977) and other relevant policies and guidelines. The main objective of the RP is to identify impacts and mitigation measures to address the various losses due to the project road. The RP has been prepared based on the findings of the field reconnaissance survey, verification of land records with the land revenue offices, the census and socioeconomic survey of affected households and consultations with affected persons, broader community residents and line agencies at district and local levels. F. Entitlement, Assistance and Benefits
12. ADB’s Safeguard Policy Statement (2009) on involuntary resettlement requires the compensation for the loss of land and assets at replacement cost, relocation assistance, assistance for the loss of income and livelihoods as well as special measure for vulnerable affected households defined as household headed by women, persons with disabilities, ethnic or indigenous persons, and household living below the poverty line. SPS considers non-titled holders as eligible for resettlement assistance for loss of income and assets other than land. The entitlement matrix (EM) has provisions in line with the requirements mentioned above. G. Resettlement Budget and Financing
13. The total estimated resettlement budget for the implementation of this RP is NRs. 49,439,860.45 (US $ 451,588.06 @ NRS. 109.48 Dec 2016). This cost includes all costs related to compensation for land, structures, economic rehabilitation of vulnerable group, RP implementation and 10 % contingencies for the total cost of resettlement and rehabilitation. All costs related to the land acquisition and resettlement budget will be borne by the government. The will ensure that adequate funds are delivered on time for timely implementation of RP. H. Institutional Arrangement
14. The Ministry of Physical Infrastructure and Transport (MoPIT) will be the executing agency (EA) and the Department of Roads (DOR), Project Directorate (ADB) will be the implementing agency (IA) of this project. A Project Implementation Unit (PIU), based in Kathmandu, headed by the Project Director will be responsible for the overall execution of the project. An Under Secretary level senior divisional engineer from Project Directorate Office will be deputed as Project Manager who will work as project in- charge for the IA. The Project Manager (PM) will play a crucial role in coordinating with other line agencies for the verification of affected households and determination of the rate of affected assets. The PM will be also active in resolving the grievances at local or district levels.
Resettlement Plan for Pakali - Nadaha Road 3 SASEC Road Connectivity Project (SRCP)
15. The RP will be implemented by the team of social experts and field-level social mobilizers hired under the Construction Supervision Consultant (CSC). The CSC which is already hired for SASEC Road Connectivity Project will be responsible for confirming the list of affected households and assets, identifying vulnerable households, preparing the affected household ID cards, supporting DOR in finalizing the compensation and assistance package for each affected household, facilitating payments, and preparing and conducting the livelihood training program. The CSC team will also be responsible for facilitating the submission and documenting grievances, setting up an internal monitoring system and conducting a training program to DOR staff on resettlement activities. I. Implementation Schedule
16. The resettlement plan’s implementation activities are expected to start from the last quarter of 2017 and be completed by the end of 2019. Major activities to be carried out prior to construction activities are: (i) the payment of compensations and other rehabilitation assistances to the APs and (ii) handing over sections for construction free of encumbrances to the contractor. Advance actions to accelerate the implementation of the resettlement plan are the establishment of the project office, the recruitment of the Project Manager and supervision consultant resettlement staff, and the establishment of grievance redress committees. Affected persons will not be asked to relocate prior to receiving compensation and resettlement assistance. J. Monitoring and Reporting
17. The RP implementation will have both internal and external monitoring systems. Internal monitoring will be the regular activity of the PIU and construction supervision consultant in charge of implementing the RP. The PIU will maintain a record of all transactions in the resettlement database. The project office will be responsible to keep the record of the baseline, socioeconomic, census and land acquisition and compensation payment data for field level monitoring.
18. The Project Directorate (ADB) at DOR has already recruited the External Social Monitor to look after the SASEC Road Connectivity Project. He will carry out an independent bi- annual review of the implementation of resettlement activities.
19. The Department of Road will submit semi-annual internal monitoring reports of the RP implementation to ADB. The independent External Monitor will submit semi-annual external monitoring reports directly to ADB with a copy to the EA to determine whether or not the resettlement goals have been achieved.
Resettlement Plan for Pakali - Nadaha Road 4 SASEC Road Connectivity Project (SRCP)
I. PROJECT DESCRIPTION
A. General Description of the Project and objectives of the RP
1. The government of Nepal has requested financial assistance from the Asian Development Bank (ADB) to implement the SASEC Road Connectivity Project (SRCP). The project will finance improvements of strategic high-priority highways in the eastern region of Nepal. The project will contribute to poverty reduction and support the economic development of rural communities through (i) improved connectivity and accessibility of markets, headquarters and other centers of economic activity; (ii) year round all weather road connections; and (iii) improving DOR capacity for managing road construction/ improvement and maintenance. The project will affect 145 households (580 persons) among whom 97 (388 persons) will be physically displaced. The project is going to upgrade an existing road corridor. Overall, the socio-economic survey and local level consultation show that Janajati and non-Janajati households are doing similar works or occupation for their livelihoods. The Project will have no significant impact on IPs cultural identity, survival, natural resources or other identification. 2. The objective of this resettlement and indigenous peoples plan (RIPP) is to assess and document impacts as well as develop mitigation, compensation and rehabilitation measures to restore the assets and livelihoods of all persons affected by this project. This RIPP combines involuntary resettlement planning with indigenous peoples planning. The key reason for combining the two is that the 61 household of project-affected persons (43%) are janajatis (i.e. indigenous people). The resettlement and indigenous peoples plan covers the Pakali - Nadaha road improvement and is in line with the provisions enshrined in the Land Acquisition Act of Nepal 2034 (1977), Government of Nepal’s Land Acquisition, Resettlement and Rehabilitation Policy for Infrastructure Dvelopment Projects 2071, and ADB’s standard for involuntary resettlement outlined in the Safeguards Policy Statement (2009). 3. Therefore, the Project is categorized as “A” for involuntary resettlement (IR) as per ADB’s Safeguard Policy Statement, 2009 (SPS). Impacts on IPs (Janjati) are generally limited and related to IR only where some IPs (as per Nepali law) will be losing some land. However, it will not have any impact on their existing socio-cultural system. Therefore, a separate Indigenous Peoples Plan (IPP) is not required. The impacts related to IR has been addressed in this Combined Resettlement and Indigenous People Plan (CRIPP). B. Description of the project road
4. The road section starts at Kanchhichowk (East-West Highway) of Pakali in Itahari sub- metropolitan city (SMC and passes through various small settlement areas (built-up area), paddy fields and ends at Nadaha of Bharaul VDC of Sunsari district. The existing width of Pakali-Nadaha Road is 5.5 m and condition of road, structures and drainage facilities are in fairly good condition throughout the road section
Figure 1 Indicates location Map of the Pakali – Nadaha road section. Detail survey and descriptions of selected road salient features and specification is given in Table 3.
Initial Environmental Examination Report of Pakali – Nadaha Road 5 SASEC Road Connectivity Project (SRCP)
Figure 1: Location Map of the Project Road
Initial Environmental Examination Report of Pakali – Nadaha Road 6 SASEC Road Connectivity Project (SRCP)
Figure 2: Road Alignment Map of Pakali-Nadaha Road
Itahari Sub-Metropolitan City
Initial Environmental Examination Report of Pakali – Nadaha Road 7 SASEC Road Connectivity Project (SRCP)
5. The total road length is 12 km. The road is located in Sunsari district in the Koshi Zone, Eastern Development Region of Nepal. The road alignment passes through one Sub- Metropolitan Cities, and 2 VDCs. The road provides connectivity to major settlements, market centers and agriculture production pockets and crosses the Chatara Bridge for alternative highway of the east west highway. The salient feature of the project road is presented in Table 3 below.
Table 3: Salient Features of the Pakali-Nadaha Project Road
Name of the Road Section Upgrading to 2 lane EWH Pakali-Nadaha Section ,12 km LOCATION Start Point Ithari Sub metropolitan City of Sunsari District End Point Nadaha of Bharaul VDC, Sunsari District, Kanchichok, Namatole, Betahari, Bakoulari, Sisuwa Chok, Major markets/urban center Ichol,Kalabanjara, Milanchok, Devkota Chok & Nadaha. Road Type Class II (Double lane National Highway Standard). Design Parameters 1 Terrain Plain
2 Design Speed, km/h 80.00 NRS 2070 3 No of Lanes 2.00 NRS 2070 4 Carriageway width, m/lane 3.50 NRS 2070 5 Shoulder width(minimum), m 2.50 NRS 2070 6 Right of Way, m (Total) 30.00 NRS 2070 7 Sight Distance
7.a Stopping Distance, m 130.00 NRS 2070 7.b Overtaking Distance, m 470.00 NRS 2070 8 Total Road Width without Drain 12.00
Source: Design Consultant Report, 2016
The proposed construction of the project road is as per the Design Standards for class -II Road of DoR. Design Standard and Geometric Characteristics are being identified as per Nepal Roads Standards-2027, (Second Revision 2070) C. Measures to avoid or minimize impact
6. Efforts to avoid or minimize involuntary resettlement impacts have been made by adopting a technical design using the best utilization of the available space in the available width and limiting impacts to the corridor of impacts. Although the RoW is 30 meters, its utilization has been minimized and the resettlement impacts are limited to the Corridor of Impact (COI) which is 16 meter in Pakali- Nadaha road section. Structures and private land acquisition have been avoided to the extent possible. The land to be acquired mostly comprises of small strips of uncultivated land on either side of the existing road. There is no major impact on the income of affected households due to loss of land. D. Objective and Methodology of the Resettlement Plan
7. The objective of this CRIPP is to assess and document impacts as well as develop mitigation, compensation and rehabilitation measures to restore the assets and livelihoods of all persons affected by this project. This CRIPP covers the Pakali-Nadaha road improvement and is in line with the provisions of Land Acquisition Act of Nepal 2034 (1977), Land Acquisition, Resettlement and Rehabilitation Policy for Infrastructure
Initial Environmental Examination Report of Pakali – Nadaha Road 8 SASEC Road Connectivity Project (SRCP)
Development Projects 2017 of Government of Nepal, and ADB’s standard for involuntary resettlement as outlined in the Safeguards Policy Statement (2009).
8. Cadastral survey and land records verification: DOR’s ownership of the ROW was verified (see Appendices 1.A, 1.B and 1.C). A cadastral survey of the likely affected land parcels was done under the leadership of Cadastral Surveyor from the District Land Survey Office. The Cadastral Surveyor having the knowledge of engineering design identified upgrading requirements and likely areas of land to be acquired. The team pegged the alignment and impact boundaries and verified the affected land areas, assets and structures. The affected lands and other assets were determined at the site and the cadastral surveyors enumerated and measured other affected assets (e.g. structures, etc.) within the premises of affected land parcels. The cadastral survey revealed that available road width is enough for the road construction but some of the intersection of the services lane required a nominal land acquisition. Therefore, additional 0.25 ha land is to be acquired for this subproject.
9. Consultations: Some of the key stakeholders consulted included local community members, family members of affected households, local key informants, officials of relevant district level agencies (i.e. District Land Survey Office, District Land Revenue Office, District Forest Office, local political leaders, and representatives of local level institutions, etc.). The Resettlement Specialist, in-charge of the CRIPP preparation, supported by Cadastral Surveyor and other team members conducted field survey along the road alignment. Qualitative socio-economic information such as perceptions about the project, potential benefits and likely negative impacts (especially to vulnerable groups), likely resettlement issues, key issues related to women and children, and other local issues were also assed during the census survey. Such information were collected through discussion with the family members of the affected households, local community, representative of local level institutions and political parties, and other key informants (e.g. VDC/ward representatives, significantly affected persons, women, school teachers etc.) individually or in groups.
10. Census survey: To obtain the socioeconomic information of project affected households, a census survey was undertaken in the month of November 2016 based on the detailed designs. For carrying out the census surveys of APs, a household level questionnaire was used, containing structured questions for the generation of the desired data. The census was carried out based upon the detailed design drawings prepared by the technical team. The census survey of all affected households was conducted. Information on family members were collected through the census of project affected households and their family members was acquired through the survey. Information about sources of income and average annual income of the affected households, education level, vulnerability status, etc. was collected. The cut-off date for compiling the data was 30th November 2016, where the census survey was completed.
11. Affected Asset Inventory: The resettlement team with the support of the local community and APs prepared the list of affected assets and their owners that are located within the COI. The list contained the name of households heads, addresses, types of assets owned along the road corridor.
Initial Environmental Examination Report of Pakali – Nadaha Road 9 SASEC Road Connectivity Project (SRCP)
II. SCOPE OF LAND ACQUISTION AND RESETTLEMENT
A. Project benefits
12. The project road traverses through Sunsari district as a part of the East–West Highway. Reductions in travel time due to the improvement of the project road and direct linkage with the Chatara Bridge and Barahachhetra are two of the major benefits of the project road. The improvement of the project is expected to increase the number of tourists in the area. It will bring economic benefits to local people through savings in vehicle operating costs, time savings for passengers and goods transit, and savings in road maintenance cost. It is anticipated that the improvement of this road will bring several positive socioeconomic impacts contributing to the poverty reduction in the area, foremost among which are the followings:
Employment opportunity during construction period Reduction of travel time about 40% i.e. about 40 minute (12 Km) Increase of income-generating activities like development of market center, and tourist centers. Easy transport facilities to export and import goods from and to the project road districts Increase of land price along the road alignment Development of other infrastructures and Development of economic diversification activities.
13. The project has some socioeconomic impacts primarily related to loss of land and structures, which will be discussed below. B. Summary of Impacts
14. The RoW of the road is defined as 15 meter in either side from the center line of road and census have been carried out within the RoW. However, its utilization has been minimized and the resettlement impacts are limited to the Corridor of Impact (COI) which is 16 meter in Pakali- Nadaha road section.. A total of 145 households will be affected by the project for ROW clearance, of which 142 households were interviewed during the census survey. Among affected households, 3 households will lose land only, 7 households will lose land with structures and 135 households will lose structures only. Among the affected all structures, 79 residential structures, 46 commercial and remaining 26 are commercial cum residential house & others. The detail of affected structures is presented in below table.
15. Altogether 580 people will be affected from 145 households. Of the total 145 affected households, 142 households were interviewed and 3 were absentees at the time of the survey. Three landowners were absent during the survey but the impact on their land has been measures and their names included in the list of affected households after verification with the land records department. The total list of APs has been presented in Table 4.
Initial Environmental Examination Report of Pakali – Nadaha Road 10 SASEC Road Connectivity Project (SRCP)
Table 4: Number of Affected People
Types of Affected Affected Affected Land Area to be Land Parcels Assets Households Peoples acquired (sq. m) Land only 3 12 Land with structures 7 28 2507.06 Sq. meter 15 Structure only 135 540 (0.25 ha) Total 145 580
Source: Field Surveys, Nov 2016
16. The inventory of losses shows that among the affected households 95 household fall on the category of IP, Dalit and female headed households. Another 11 households belong to the other vulnerable category. The table below shows the detail
Table 5: Status of impact
Categories All IPs Dalits Female headed Other households HH Vulnerable No. % No. % No. % No. % No. % Total 145 100 61 43 16 11 18 12 11 8 Source: Field Survey 2016 C. Scope of land acquisition
17. This road is classified as National Highway and was constructed about four decades ago. The right of way (RoW) of 30 m (15 meter either side from centerline of road) for this road was declared by His Majesty Government (now the Government of Nepal) through gazette publication in 1977 and subsequently most of the private land was transferred to the Government of Nepal.
18. The improvement works are mostly limited to COI of existing ROW except in a few stretch of intersections improvement. Based on detail design and field verification from cadastral surveyors the project needs to acquire 0.25 ha of 15 land parcels from 10 households for major intersections improvement. All the lands to be acquired is homestead land, barren and agricultural land. Out of the 10 HHs, four will lose more than 10 % land of their total landholdings.
Table 6: Extent of Loss of Land
Extent of land loss of the total land holdings (in %) Section Less than 10 % More than 10% No. of households 6 4 No. of affected people 24 16 D. Impacts on private structures
19. A total of 151 structures belonging to 142 affected households will be affected by the project. Among them 97 will be fully affected. Most structures (90) belong to non-titled holders in the existing ROW and 7 residential structures belong to title-holders. 97
Initial Environmental Examination Report of Pakali – Nadaha Road 11 SASEC Road Connectivity Project (SRCP)
households, representing 388 persons will have to physically relocate from their commercial or residential structures. 20. Among the affected structures 79 are residential structures, 46 are commercial structures and remaining 26 are residential cum commercial and other structures. The following Table 7 provides details of the structures loss and type.
Table 7: Types of assets by loss and structure type
No of affected No of affected Type of Asset Affected No. of APs HHs structures Residential Structures 72 79 285 Commercial Structures 46 46 180 Residential cum commercial 20 20 79 othersstructure 4 6 19 Total 142 151 563 Source: Field Surveys, November 2016
21. Affected structures by construction materials. Among the affected residential structures, eleven are constructed with frame (i.e. concrete with pillars) structure and 16 are bricks wall with cement mortar of CGI sheet roofing and 43 are block /bricks and CGI roof and remaining 81 are mud,/CGI sheet/ bamboo wall with CGI sheet/thatch roof. Table 8 provides a breakdown of the affected structures as per construction materials type.
Table 8: Types of Affected Structures
Affected structures S.N Types of Structures Number Percent 1 Frame structures with concrete 11 7.28 2 Brick wall with cement mortar 16 10.60 3 Brick, wood wall with tin roof 43 28.48 4 wooden/bamboo/mud wall with zinc or straw roof 81 53.64 Total 151 100
Source: field survey November 2016 E. Impact on Community Structures
22. The census reveals that 7 community utility and school building are affected by the project road. There are two Public figure personal status, two Temple stair and extended part (i.e. small shed for sitting), one police building and two public/Chautara (resting place under the small trees) etc. These community properties need to be relocated during the implementation phase in close coordination and collaboration with the local community. The replacement cost for reconstruction has been incorporated into the engineering cost estimates. The detailed list of community structures is attached in Table 9.
Table 9: Affected Community structure
S.N Resources Numbers 1 Waiting place/Chautara small 2 2 Temples starie front place etc. 2
Initial Environmental Examination Report of Pakali – Nadaha Road 12 SASEC Road Connectivity Project (SRCP)
3 Public figure personal status. 2 4 police building 1 Total 7
Source: field survey November 2016 F. Other impacts
23. Based on the detailed design about 700.00 kg of crops likely to be affected due to the project (Appendix 2D). The estimated quantity of crops loss has been calculated based on the area of land to be acquired, average quantity of major crops produced/ yield. The Entitlement Matrix (EM: 5 &1) provisions three months advance notification to APs to harvest the standing crops. In case of loss of standing crops, cash compensation will be paid as decided by CDC G. Impact on Socially Vulnerable Groups
24. The Government of Nepal has plans and policies that recognize women, disabled, ethnic minorities and Dalits groups as vulnerable, eligible for special assistance. Women in all social groups and regions tend to be more disadvantaged than their male counterparts and women-headed households (i.e. widows, separated or single mothers) are particularly disadvantaged. ADB’s resettlement policy has special provisions for affected vulnerable households. These are defined “those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land.” In the context of this RIPP, vulnerable households will be defined as households headed by (i) women; (ii) disabled; (iii) elderly (over 70 year old); (iv) children (under 18 year old); (v) indigenous persons or janajati/adivasi (besides for the “advanced” group); (vi) the landless or (vii) headed by men below poverty level (defined as Rs. 130,500 per household per year, see explanation in Chapter 3) 25. Out of 145 total households, 142 households (98%) were interviewed, 107 among whom were identified as vulnerable, households. The most important vulnerability categories are Indigenous People (IP), households below the poverty level (BPL) and female-headed households. Table 10 presents details on the vulnerability categories identified during the survey.
Table 10: Vulnerability Status of the APs of Affected Households
Vulnerability Category Number of HHs Female Headed Households 30 Having Disabled Members 0 Having Elderly Members (70 years and above age) 2 Below Poverty Level 14 Indigenous households 61 Total Vulnerable Peoples (APs) 107 Note: # about 98 % of the total affected households were interviewed during the census survey. Absentees land owner (2%) will be updated during project implementation 26. Based on Entitlement Matrix of SRCP, there are provisions of additional financial assistance for vulnerable affected households. They will receive financial assistance for 60 days at local agricultural wage rate. They will also be eligible to participate in the livelihood training program.
Initial Environmental Examination Report of Pakali – Nadaha Road 13 SASEC Road Connectivity Project (SRCP)
H. Indigenous people (IP)
A total of 61 IP households will be affected due to project. The Census shows that, all IPs are losing less than 10% of their total landholdings as a result of the project and four also fall into the BPL category. The socioeconomic surveys indicate that the indigenous households share similar socioeconomic status with other project affected households. Because of this, there is no difference in terms of livelihood patterns, and social, economic, health and educational statuses between them and other population living in the project area. The affected Indigenous households are engaged predominantly in farming like the others (non- Indigenous) project affected households. The project census confirmed that the cultivated lands that will be affected as a result of the project does not comprise of traditional land or ancestral domains of any Indigenous community. The census also confirmed that in project affected areas, no shrines, temples or other religious structures or locations, regarded as traditionally sacred by the Indigenous will be affected as a result of the project. In addition, no specific forest land or water body is linked with their rituals, ancestries or their spiritual realms. Therefore, a separate Indigenous Peoples Plan (IPP) is not required. Impacts on IPs are generally limited and related to IR only, this has been addressed in this combined RIPP.
Initial Environmental Examination Report of Pakali – Nadaha Road 14 SASEC Road Connectivity Project (SRCP)
III. SOCIOECONOMIC INFORMATION AND PROFILE
27. This chapter presents an overview of the project road area and an analysis of the impacts based on the census of affected persons from 142 households. A. Social profile of affected households
28. Demography. The average family size of the affected household is 4.00, which is lower than national average 4.8. With regard to age distribution of households, 73.4 percent population comes under the category 15 - 60 years where as 16.5 percent are below 15 years age group and 10.3 percent above 60 years age. Age-wise distribution of the household members of the project road is given in Table 11.
Table 11: Age Wise Distribution of Household Members
HH Population by Age Group Total Family Surveyed HHs Below 15 Yrs. 15-60 Yrs. Above 60 Yrs. Members No. % No. % No. % 142 563 93 16.5 412 73.4 58 10.3
Source: Field Surveys Nov 2016 29. Social classification. Out of 142 interviewed affected households, 61 are identified as indigenous including Rajdhami, Rai/Limbu, Tamang, Choudhary and Newar households, which is categorized as advanced and relatively disadvantaged IP. Other occupational caste group Dalit consists of 16 families. Others caste groups including Brahmin, Chhetris, were 51 households and remaining 13 were Terai based caste group. According to socio- economic survey, meeting with local people and field observation, the IP households have similar level income, education, occupation similarity with non IP households. Table 12 provides the distribution of affected households by IPs and caste group categories.
Table 12: Affected households by Ethnicity
Affected households Type No. of Survey HHs Percentage Janajati/IPs including Advanced IP Tamang, Rajadhami, 61 43.00 Rai/Limbu, Newar etc. Dalit (occupational caste group) 16 11.30 Brahmin/Chhetries 51 35.90 Muslim (religious minority) 1 0.70 Terai based caste group Sah, Gupta, Raniyer etc. 13 9. 0 Total 142 100.00.00 Source: Field Surveys, Nov 2016
30. Literacy and education. Out of a total 142 interviewed household heads, 10 percent are illiterate, followed by 17 percent households functionally literate (can read and write). The remaining 72 percent comprise of a mixed group of people with primary, lower secondary, secondary, and SLC level of education. Table 13 provides the distribution of literacy and educational status levels of (5 years and above) of the affected household.
Initial Environmental Examination Report of Pakali – Nadaha Road 15 SASEC Road Connectivity Project (SRCP)
Table 13: Educational Status of the Respondents of Affected households
Educational Status No. of population Percent Illiterate 57 10.80 Literate (can read and write) 90 17.05 Primary 98 18.56 Lower Secondary 98 18.56 Secondary 120 22.73 SLC 55 10.42 10+2 and above 10 1.89 Total 528 100.00
Source: Field Surveys, November 2016 31. The male literacy status among affected household was 92.50% whereas it was reported 85.00% in the case of female respondents. Table 14 indicates the distribution of male/ female literacy status in the project road area.
Table 14: Literacy Status of the Family Members of the Households
Surveyed Total Literate Male Literate Female Literate Not reported HH No. Family Members No. Percent No. Percent HHs 140 471 273 92.49 198 85.00 2
Source: Field Surveys, Nov 2016 B. Economic profile
32. Occupational background of the households. The survey of affected persons revealed that a majority of the affected households are by and large dependent on more than one source of income for the fulfillment of their livelihood needs. Agriculture with occupations (mainly agriculture, business and labor works) are the main sources of livelihoods. The most important occupation among the affected households is business (24%), followed by agriculture own and lease (23.75%). Other sources include services (19%), foreign employment (1.20%), and 13% are agricultural labour. Table 14 provides the main source of income of the interviewed households. Similarly, there is not significant variance in sources of incomes of IP and non-IP. They have similar source of income but only the agricultural labor is higher. Table 15 provides the main source of income of the interviewed households.
Table 15: Main Sources of Income of Interviewed Households
Survey population (all) IP Population Sources of In In No of Income No of Population Percentag Percentag Population e e Agriculture in own’s land 13 2.59 9 2.89 Agriculture in own and 119 23.75 84 27.01 leased land Agriculture Labor 65 12.97 53 17.04
Initial Environmental Examination Report of Pakali – Nadaha Road 16 SASEC Road Connectivity Project (SRCP)
Survey population (all) IP Population Sources of In In No of Income No of Population Percentag Percentag Population e e Business 121 24.15 51 16.40 Private & government 95 18.96 65 20.90 services Foreign employment 6 1.2 3 0.96 Student & others 82 16.37 46 14.79 Total 501 100 311 100.00
Source: Field Surveys, November 2016 33. Out of total 563 APs (93 populations belong below 15 years and not counted in economic active population). 412 persons are economically active. Among them 47% female population have been reported as economically active against the male population (53%). This indicates that the females in the project road area are playing a crucial role in income- generating activities. Table 16 provides the number and percentage of economically active population of the affected households by sex.
Table16: Economically Active Population by Sex
Total number of APs Total Number of Female Total Number of Male Involved Involved in Income Involved in Income Generation in Income Generation Generation No. Percent No. Percent No. Percent 193 47 218 53 412 100 Source: Field Survey, November, 2016 34. Poverty Status: According to the Nepal Living Standard Survey 2011, an individual is considered poor if his/her per capita total annual consumptions is below NRs. 19,261. It has also categorized the food items and non-food items and the expenses required to be above the poverty line. Accordingly, the income required for providing adequate calories (2,220 kilocalorie) for an average Nepali to be active is NRs 11,929. For non-food items, on average, the average income required is NRs. 7,332. For the food item only, this has been calculated as NRs.11, 929 per person per year (National Planning Commission of Nepal, Nepal Living Standard Survey 2010/2011). The poverty line for Nepal, in average 2010/11 prices has been estimated at Rs. 19,261 (NLSS). On this baseline and calculating price inflation of Nepal Rastra Bank and considering the average HH size of 4.8 ( national standard of CBS 2011) for whole project roads, the poverty line for this project has been assumed as Rs. 130,500 per household of a year.
35. Based on this calculation, 14 households (out of 142 households interviewed) were identified to be Below Poverty Level (BPL) in terms of their average annual household income as reported by them2. Table 17 provides the breakdown of income levels of affected households as per the average annual income range.
Initial Environmental Examination Report of Pakali – Nadaha Road 17 SASEC Road Connectivity Project (SRCP)
Table 57: Average Annual Income of the affected households (NRs)
Affected households Income Range No. Percent <50,000 6 4.23 50,000- 130,000 8 5.63 130,000 – 200,000 70 49.30 200,000 – 300,000 28 19.72 300,000-400,000 21 14.79 400,000 - 500,000 7 4.93 Above 500,000 2 1.41 Total 142 100.00 Source: Field Surveys, 2016 36. Of the 142 respondent households, 61 (43 %) are the indigenous people. Other caste groups are 57%. Of the total IPs, 8 households reported of falling under Below Poverty Level (BPL). In other castes 53 percent are above poverty level and female headed etc. Table 18 provides the poverty status of the affected households by indigenous, occupational and other caste groups.
Table 18: Poverty Status by Ethnic/Indigenous & Other Caste Groups
Ethnic/Indigenous/ Other Caste Groups Total Affected Occupational Caste Groups households Type Percen Number Percent Number Percent Number t BPL HHS 8 13 6 7.47 14 10 Above BPL HHs 53 87 75 92.59 136 90 Total 61 100 81 100 142 100.00
Source: Field Surveys, 2016 C. Socioeconomic profile of IP households
37. The census data of affected households' survey shows that 61 IP households (Janajatis) will be affected. Among the affected 25% are Limbu/Rai, 21% are Rajdhami, 18 % are Choudhary, 20 % are Newar, 10% are Tamang and remaining 7 % are Thapa/Sunar. None of them are in the Endangered Indigenous People Category, which is the category that the Government of Nepal considers at risk of extinction. The table below shows IP list among project affected families.
Table19: Indigenous People (Janajaties) IP
S.N Ethnicity Number of HHs % 1 Rai/Limbu 15 24.59 2 Rajadhami (Tharu) 13 21.21 3 Newar 12 19.67 4 Choudhary(Tharu) 11 18.03 5 Tamang 6 9.84 6 Sunuwar/ Thapa 4 6.56
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Total 61 100.00
Source: Field Survey, November 2016
38. The Nepal Federation of Indigenous Nationalities (NEFIN) categorizes indigenous groups into 5 broad categories based on their population numbers, living conditions such as literacy, housing, land holdings, occupation, language and area of residence : 1) Endangered Group (10); 2) Highly Marginalized Group (12); 3) Marginalized Group (20); 4) Disadvantaged Group (15) and 5) Advanced Group (2) . None of the affected Indigenous Peoples’ households are in the Endangered Category, which is the category that the Government of Nepal considers at risk of extinction. The Tables and below show the details of the IP categorizations.
Table 20: Affected Indigenous People Categorization as per NEFIN
Categorization of IP No. % Advanced 12 19.67 Disadvantaged 49 80.31 Marginalized 0 0 Highly Marginalized 0 0 Endangered 0 0 Total 61 100
Source: Field Survey, November 2016 39. The socioeconomic census survey shows that affected IP households show similar cultural traits as the mainstream population: most of them are of Hindu religion (70%), the rest being Buddhists and Christians, they have the same income-generation activities as the rest of affected households (20% are in agriculture, 28% in business, 31% in labours, and the rest in agricultural labours and other activities), and 8% are students. . None of the households surveyed follow a traditional occupation like hunting, fishing, etc.
Table: 21 Occupational statuses of IP households
Occupation No. % Agriculture 12 19.67 Business 13 21.31 Foreign Employment 6 9.84 Labours 17 27.87 Service 8 13.11 Students 5 8.20 Total 61 100 Source: Field Survey, November 2016
40. Affected IP households share the same income-generation activities as the rest of affected non IP. Overall, indigenous households tend to have a higher socioeconomic status than other non-IP households. The average annual income of the sample households among the indigenous families in the area is reported as NPR 170,000 per year, agriculture,
Initial Environmental Examination Report of Pakali – Nadaha Road 19 SASEC Road Connectivity Project (SRCP)
labour and remittances from foreign services are the primary major sources of income.
Table 22: Income Range of the IP HHs
No of affected Percentage S.N Income Range (NRs.) Households%
In No. In % 1 <50,000 3 4.92 2 50,000- 130,000 5 8.20 3 130,000 – 200,000 36 59.02 4 200,000 – 300,000 11 18.03 5 300,000-400,000 5 8.20 6 400,000 - 500,000 1 1.64 7 Above 500,000 0 0.00 Total 61 100 Source: Field Survey, November 2016 41. The table 23 shows that the IP populations are engaged in various economic activities. Of the primary economic activities, agriculture is the most common 30 % population and about 17% are engaged in daily wage work. About 16% are engaged in business and trade and only. Similarly, 13% are engaged in private and government jobs and rest are engaged in 20% are ‘other’ activities. This is based on a multiple response where one household has been reported in more than one economic activity. None of the households surveyed follow a traditional occupation like hunting, fishing, etc.
Table 23: Main Source of Income of affected IP Population
No of affected Households S.N Sources of Income Percentage population
1 Agriculture in own’s land 9 2.89 Agriculture in own and leased 2 84 27.01 land 3 Agriculture Labor 53 17.04 4 Business 51 16.40 5 Private & government Services 65 20.90 6 Foreign employment 3 0.96 7 Student & others 46 14.79
Total 311 100.00
Initial Environmental Examination Report of Pakali – Nadaha Road 20 SASEC Road Connectivity Project (SRCP)
Source: Field Survey, November 2016
42. Literacy status of the IP population. Out of a total 61 interviewed population, 14 percent are illiterate, followed by 19 percent households functionally literate (can read and write). The remaining 67 percent comprise of a mixed group of people with primary, lower secondary, secondary, and SLC level of education. Table 12 provides the distribution of literacy and educational status levels of (5 years and above) of the respondent households.
Table 24: Educational Status of the IP HHs
Educational Status No. of population Percent Illiterate 37 14.18 Literate (can read and write) 49 18.77 Primary 48 18.39 Lower Secondary 43 16.48 Secondary 61 23.37 SLC 20 7.66 10+2 and above 3 1.15 Total 261 100.00 Source: Field Survey, November 2016
43. Possession of Durable Goods: In terms of possession of durable goods, 36 households have own a television set while 23 HHs have own a radio; again understandably, some of the families have own both a radio and a television set. More than forty six households have own an LPG connection. Five households have own a refrigerator, while bicycles and two-wheelers are possessed by five and twelve households, respectively. Details are given in Table
Table 25 Domestic Amenities in IP HHs
S.N. Item No of Households percentage 1 Television 36 27.91 2 Radio 23 17.83 3 Motorbike 5 3.88 4 Cycle 12 9.30 5 Computer 2 1.55 6 Refrigerator 5 3.88 7 LPG Gas 46 35.66 Total 129 100 Source: Field Survey, November 2016
D. Gender Analysis
Initial Environmental Examination Report of Pakali – Nadaha Road 21 SASEC Road Connectivity Project (SRCP)
44. Women are not disproportionately affected by the project. A total of 233 women belong to the affected households and thirty (30) female-headed households will be affected. Among the affected female-headed households, six are below poverty level, 4 will lose land and structures and 60 population of women will be physically displaced.
45. Illiteracy, lack of ownership of property, lack of decision making authority, extensive involvement in household activities are some of the basic indicators of female’s socioeconomic status in the project road area. With a view to assess different gender related issues and impacts associated with the project road, special focus was made during the social impact analysis in the project road to look into the gender status in the concerned districts. As Nepal has patriarchal value system dominant in society, male members mainly own household property. However, there are some variations within the country, which is mainly because of the cultural reasons. For instance, the empowerment of women within the family is considered high among the indigenous people compared to other caste groups. The government has introduced a rebate of 10 % in the cost of land deeds registration in the name of women in Fiscal year 2004. This may be the reason of some increase in the ownership of land in the name of women. The rebate has been increased to 20 % from 2005. The census report 2011 shows that women’s ownership on land has been rapidly increasing 19.71% in 2011 noted from 9.11% in 2001. Based on the consultations and surveys, the following gender indicators of affected women are discussed .
46. The survey shows that 47% of affected women are economically active. Women affected by the project are extensively involved in hotel, highway based business, grocery shops, sewing & netting, farming, cattle raring and household activities. However, the engagement of women in salary-based job is increasing with the establishment of private industries and business has created opportunity from women in income generating sectors. Such as, industries, hotel, mobile traders and settled traders, operating tea and other small shops vegetable farming and dairy products.
47. A total of 10 consultations with women and men mixed group were conducted at different places of the project areas. One of the most important benefits as perceived by women with regard to the project road is that the improvement of road will provide easy access to health facilities particularly during childbearing. Besides, discussions among the women revealed that the improved transport facilities would greatly benefit their mobility by reducing the travel time. Similarly, improvement of the road has been as an opportunity by women engaged in small trade for selling and purchasing goods. Likewise, they were also of the opinion that the project may also provide them employment opportunity during construction phase.
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IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
A. Introduction
48. This Resettlement Plan has been prepared in close consultation with stakeholders at different levels including affected households represented by head of the households, local people along the corridor, local level social workers, representatives of political parties, business persons, and civil society organizations. Some of the basic objectives of these consultations were:
Assessment of socioeconomic information required for the study Information dissemination on the project’s impacts and resettlement mitigation measures Understanding the perceptions of affected persons, local residents Understanding expectations of affected people Assess required support for the project and willingness of local people to get involved Inform affected persons about the cut-off date B. Methods of public consultation
49. Public consultations were carried out during the entire process of the CRIPP preparation, from the field reconnaissance survey to the carrying out the census. Table 26 presents a description of the type of stakeholders consulted and methods adopted for the consultations according to their specific purposes.
Table 26: Methods Applied During the Course of Consultations
Stakeholders Purpose Method Department of Roads at To collect government's policy, Frequent individual meetings central level guidelines priorities on the project, with the officials of DOR and and to seek advice for initiating Project Directorate. work. Local Community in the To assess overall social perception Consultation and discussion different locations of the about the importance of the project with local people at different project road area are road and local peoples felt need for road locations during t h e Kanchichok, Kalabanzar improvement and applying road reconnaissance survey, social chok, Milanchok, Sisuwa, safety infrastructures survey and census survey. Nayatol, & Nadaha etc District level line agencies To assess the existing operational Individual meetings with the (Divisional Roads Office, status of roads, to verify the land officials of respective offices. Land Revenue Office, Land likely to be acquired based on Measurement Office) design drawings, to collect cadastral maps and to collect land price fixed by District Land Revenue Office. Affected persons based on To prepare the inventory of affected Individual interviews of the the design drawing assets, get measurements and affected households by means conduct interviews with affected of a structured questionnaire families
Initial Environmental Examination Report of Pakali – Nadaha Road 23 SASEC Road Connectivity Project (SRCP)
Stakeholders Purpose Method Local people and other Assess the level of social Representatives of local stakeholders at the local willingness to be involved in the people and other stakeholders level project activities including community members were consulted at different sections of the road during field visits by the domestic and international team members in order to assess the overall social perception about the road project and also to assess their willingness to cooperate in the study.
C. Key Issues Raised During Consultation
50. The consultant team carried out 10 consultation meetings with communities along the road alignment. 221 persons participated in these meetings (162 men and 59 women). The feedbacks from these consultations are summarized in the table below (Table 27).
Table 27: Public Consultation matrix
Name of VDC/ Consulted Questions/Issues Answers Given Place Municipality Persons Raised and /Measures adopted in RP Discussed to Address the Issues Milan Chok Bharaul Chok Male : 7 If the private DoR will arrange early Ward No. 3 Female : 4 structure are Information affected early notice dissemination before the should be given to construction phase. structure owners We are here since 1985s AD so convenient replacement cost of structures should be provided. Before construction Right of Way should be cleared by DOR. Kanchichok/ Ithari(Pakali) Male :15 Road safety designs DoR will arrange early Mahabir NP Female : 2 and awareness Information chok (three Ward No. 19 Male :60 campaigns should dissemination before the times) Female:15 be included in construction phase. Male:9 project. There DoR will be discussing Female :4 should be a enough with local people and land of road that community members should be utilized, local political leaders private land and about shifting of the road Police post should alignment etc. be saved at DoR/ CSC will arrange construction period. road safety programs Police building & The public structures private land will be likely to be affected by affected within the the project will be 15m either side, so relocated during that road should be constructions activities constructed at
Initial Environmental Examination Report of Pakali – Nadaha Road 24 SASEC Road Connectivity Project (SRCP)
Name of VDC/ Consulted Questions/Issues Answers Given Place Municipality Persons Raised and /Measures adopted in RP Discussed to Address the Issues original land of road at project cost in it is a convenient collaboration with local place requested by community the community leaders. If the private structure are affected early notice should be given to structure owners We are here since 1990s AD convenient replacement cost of structures should be provided. Nayatole Ithari(Pakali)— Male :14 Road safety designs DoR/ CSC will arrange a NP Female : 4 and awareness road safety program Ward No. 18 campaigns should DoR will arrange early be included in Information project. There dissemination before the should be an zebra construction phase. crossing in Nayatole chok The existing private structures will be affected due to project, reasonable compensation cost should be provided Early Information should be provided before the construction phase Sisuwachok Baklauri, Ward Male :9 Early Information No. 6 &3 Female : should be provided DoR will be arrange an 12 us before early information construction phase campaign before The existing RoW of construction phase the road is 20 m Compensation for width if there should affected structures and be required extra other assets will be paid land for road by the Government and construction. Hence, the compensation rate the compensation will be fixed at should be arranged replacement cost by the in reasonable cost. Compensation The existing private Determination structures will be Committee (CDC) to be affected due to formed under the project, reasonable chairmanship of the compensation cost Chief District Officer should be provided (CDO
Initial Environmental Examination Report of Pakali – Nadaha Road 25 SASEC Road Connectivity Project (SRCP)
Name of VDC/ Consulted Questions/Issues Answers Given Place Municipality Persons Raised and /Measures adopted in RP Discussed to Address the Issues Ichole Baklauri NP Male :21 Employment DoR will arrange Ward No. 1 Female : 4 opportunities should necessary action to be provided to the provide the local during employment to the construction phase affected people as far as per the as possible. community capacity DoR will arrange an Early Information early information should be provided campaign before us before construction phase construction phase Nadaha Bharaul VDC Male :10 Early Information The public structures Ward No. 3 Female : 2 should be provided likely to be affected by before construction the project will be phase relocated during If public structures & constructions activities public utility such as at project cost in drinking water pipe collaboration with local are going to be community affected, such DoR will arrange an structures should be early information relocated in a campaign before the convenient places construction phase. as requested by community Jamkoti Bharaul VDC Male :11 Special attention The public structures Ward No. 8 Female : 2 should be provided likely to be affected by to seriously affected the project will be people by the relocated during project. constructions activities Early Information at project cost in should be provided collaboration with local before construction community phase DoR will take necessary Employment steps arrange necessary opportunities should action to provide the be provided to the employment to the local during affected people as far as construction phase possible. as per the DoR will arrange an community capacity early information campaign before the construction phase. Kalabanzar Bharaul VDC Male :14 Special attention The public structures Chok Ward No. 1 Female : 6 should be provided likely to be affected by to seriously affected the project will be people by the relocated during project. constructions activities Road safety designs at project cost in and awareness collaboration with local campaigns should community be included in DoR will arrange an project. There early information should be Zebra campaign before the crossing in construction phase. Kalabanzar
Initial Environmental Examination Report of Pakali – Nadaha Road 26 SASEC Road Connectivity Project (SRCP)
Name of VDC/ Consulted Questions/Issues Answers Given Place Municipality Persons Raised and /Measures adopted in RP Discussed to Address the Issues Early Information should be provided before construction phase The existing private structures will be affected due to project, reasonable compensation cost should be provided D. Disclosure of the resettlement plan and further consultations
51. It is EA’s responsibility to disclose the RP to the affected households. A summarized translated version of the RP in Nepali will be made available to affected and local people through the respective DDCs and CDO offices. A one-page leaflet in Nepali containing summarized information about key impacts, the entitlements, payment processes, grievance redress committee and contact information will be distributed to the affected people through the CSC social mobilizers and resettlement specialists. The full resettlement plan will be disclosed on the EA’s and ADB’s websites. 52. In order for the implementation of the CRIPP to be effective, several additional rounds of consultative meetings with the APs will be carried out during project implementation. Such consultations will be carried out by the CSC resettlement staff in coordination with field based DOR staff.
Initial Environmental Examination Report of Pakali – Nadaha Road 27 SASEC Road Connectivity Project (SRCP)
V. GRIEVANCE REDRESS MECHANISMS
53. In general, the project affected persons have formal recourse to the Chief District Officer and Ministry of Home Affairs in case of grievance under regulations specified under the Land Acquisition Act 1977. Further, the subproject will set up a Grievance Redress Committee in the district and a Grievance Redress Sub-Committee at VDC level to hear complaints. The project affected people can bring their concerns and issues into the notice of such committees
Box 1: Some Anticipated Grievance
. Displaced persons not listed in the entitled persons list, . Information on affected assets and extent of impact not recorded properly, . Inadequate or improper compensation provision not matching to entitlement matrix, . Disputes related to the ownership or authenticity of the submitted ownership documents . Dispute on compensating the affected assets having joint ownership, . Dispute related to variance on compensation rate for similar losses, . Dispute on getting compensation or mode of rehabilitating community assets, and so on . Dispute about the family member's share (also called Ansa in Nepali) over the affected assets
54. Land Acquisition Act, 1977, through its Clause 11 (sub clause 1,2,3,4) provisions to submit grievance by Displaced Persons (DPs), if unsatisfied with land acquisition process. Similarly, Clause 18 (sub-clause 1,2,3) of the Act provisions for filing or representing the case by DPs to the CDO and raise objection against acquisition or compensation fixed for the acquired assets by a notice to the Ministry of Home Affairs (MoHA). In this sense, several grievances may likely to rise in RP implementation causing delay on the progress on compensation distribution. Formation of GRC is a must to reduce the number of grievances and cut down the lengthy litigation. As stipulated in Clause 11 of the Land Acquisition Act 1977, Chief District Officer (CDO) is responsible to give decisions on all the grievances related to land acquisition and resettlement issues. In order to facilitate the process, the Project Manager (PM) will coordinate and support the CDO as a Member Secretary for formation of a Grievance Redress Committee (GRC) and addressing the grievances
55. Formation of Grievance Redress Committee, The Subproject level GRC will be chaired by Project Manager. The other members to be included in the committee are; representatives from the district level line agencies such as District Land Revenue Office, District Survey office, Municipality or Village Development Committee, District Development Committee, District Agriculture Office, District Forest Office and other stakeholders as required. Similarly, Community Based Organizations (CBOs) in the districts, representatives of affected/ vulnerable households including women, local representatives (e.g. school teachers, health workers, business persons, local resource persons etc), local leaders and other relevant persons. Figure 3 provides a sample organization structure of the proposed GRC.
Initial Environmental Examination Report of Pakali – Nadaha Road 28 SASEC Road Connectivity Project (SRCP)
Figure 3: Organizational Structure of GRC
Project Manager
Representatives of Line Representatives Independent Agencies including of CBOs/NGOs Representation of Municipality/VDC Affected households including Vulnerable
56. Subproject Level Committee. In order to facilitate the GRC on resolving grievances, Subproject Level Committees (SLCs) will be established at different locations as required. The SLCs will facilitate the GRC and DPs on redressing the grievances and timely distribution of compensation. Project-affected persons including DPs of the respective VDC/Municipality, local representatives of political parties, religious leaders, vulnerable groups, and local CBOs, and other stakeholders as applicable will represent the SLC. The SLC will play coordinating role between DPs and the GRC to minimize and address the grievances. The SLC will assist the Subproject Office/PM, and Social/Resettlement Specialist of the Construction Supervision Consultant (CSC) on informing people about the likely resettlement impacts, provision of compensation and other assistance to the Displaced Persons (DPs), RP implementation and grievances redressing methods as well as to solicit their view on the RP implementation. The SLC will also be responsible to inform the GRC and resettlement specialist on the grievances likely to be raised by DPs, and to minimize them with the support of GRC and local people before formal submission to the GRC 57. Operational Mechanism Grievance Redress Committee (GRC) will meet regularly (at least twice in a month or as per the requirement) on a pre-fixed date. The GRC will take decision within the fortnight of receiving the complaint. The committee will thoroughly review the grievances submitted or expressed verbally by DPs, and will assign the responsibilities to relevant agencies on implementing the decisions of the committee. If the DPs, not satisfied from the decision of the GRC, will have their right to take the grievance up-to the Ministry of Home Affairs. 58. Failing the addressing of grievances at Subproject level will be referred to the Ministry of Home Affairs (MoHA). The MoHA normally requires making decision on a complaint within 15 days, unless further information is required, or unless the complaint has to be solved in, a court of law (e.g. ownership disputes). The aggrieved person is free to approach the conutry’s legal system at any stage of the grievance redress process. The proposed grievance resolution procedure will be as shown in Figure 5 below:
Initial Environmental Examination Report of Pakali – Nadaha Road 29 SASEC Road Connectivity Project (SRCP)
Figure 4: Grievances Resolution Steps and Process
Dissatisfied person/party submit The grievance
Grievance reported to SLC
Grievance Resolved
If not, sent to PM to investigate with the assistance of Resettlement
Grievance Resolved
If unresolved, referred to CDO for resolution
Grievance Resolved
If unresolved again, referred to Home Ministry for Resolution
Initial Environmental Examination Report of Pakali – Nadaha Road 30 SASEC Road Connectivity Project (SRCP)
VI. LEGAL FRAMEWORK
A. Legislation
59. The Constitution of Republic of Nepal (2015), Article 25 (1) guarantees the fundamental right of a citizen, i.e. right to acquire, own, sell and dispose of the property. Article 25 (2) describe that the state cannot acquire the property of any person except in case of public interest. Article 25 (3) also state that compensation shall be provided for any loss of individual property for public interest. B. Land Acquisition Act of 1977
60. The Land Acquisition Act (1977) specifies the procedures for land acquisition and compensation. The Act empowers the government to acquire any land for public interest or for the execution of any development works. There is a provision of Compensation Determination Committee (CDC) under the leadership of Chief District officer, which will fix the rate of compensation for the affected property. The other members in the committee are the Chief of Land Revenue Office, representative from District Development Committee (DDC), concerned Project Director/Manager. The committee can also invite representatives from among the affected persons, representative from affected VDC/Municipality.
61. The basic function of the CDC is to review the verification of lands to be acquired, review and determine the compensation rate, identify the proper owners, distribution of compensation and address the issues related to land acquisition and compensation distribution. District Administrative Office (DAO) is also responsible to notify the public regarding the details of the land area, structure affected and other assets affected in the concerned VDC/Municipality for project purposes.
62. The Land Reform Act (1964) is relevant in the compensation distribution modality. It specifies the compensation entitlements for the registered tenant. Where the tenancy right is legally established, the owner and tenant each will be entitled to 50% of the total compensation amount. Section 42 of the Land Reform Act states that Guthi (religious/trust) land acquired for development work must be replaced with another land. C. Land Acquisition, Rehabilitation and Resettlement Policy of 2015
63. The Government of Nepal has recently formulated Land Acquisition, Rehabilitation and Resettlement Policy 2071 (2015) for Infrastructure Development Projects to facilitate the land acquisition process for infrastructure projects. The policy outlines the need to conduct an economic and Social Impact Assessment (SIA) of the development project, which was not a requirement under the Land Acquisition Act 1977. Based on
Initial Environmental Examination Report of Pakali – Nadaha Road 31 SASEC Road Connectivity Project (SRCP)
this assessment, projects will be categorized as high-, medium- and low-risk.1 The act has also provisioned for the project affected families to be entitled to compensation if works like installation of transmission, telephone and underground drinking water pipe lines affect livelihood. And in case the projects affect yields of registered commercial crop, fruit or flower producers, compensation equivalent to five years of revenue must be given in cash.
64. The policy adds that all expenses related to land acquisition, compensation and the implementation of resettlement and rehabilitation plans should be considered as project cost and interest should be paid on compensation amount depending on the days it took to release funds to those affected by the project. The interest calculation begins from the day a formal decision was taken to operate the project, says the policy.
65. The compensation amount for those affected by the project will be fixed by a five- member compensation committee formed under the Chief District Officer. The committee can form a technical team to determine the compensation amount. This team should derive the compensation amount as close possible to the minimum market rate by working closely with members of families that are likely to be displaced.
66. Those not satisfied with land acquisition, resettlement and rehabilitation processes can lodge complaints at a body formed at the project office and complaint hearing offices at district and regional levels. If verdict issued by the regional level complaint hearing office is also deemed unsatisfactory, the person can knock on the doors of appellate court. D. ADB Resettlement Policy
67. According to the ADB Safeguard Policy Statement (2009), the basic objectives of the safeguards requirements are 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 affected persons in real terms relative to pre-project levels; and to improve the standards of living of the affected poor and other vulnerable groups. ADB’s main policy guidelines are:
Involuntary Resettlement (IR) should be avoided wherever possible; Where IR is unavoidable, minimize involuntary resettlement by exploring project and design alternatives; Enhance or at least restore the livelihoods of all affected persons in real terms relative to pre-project levels; Improve the standards of living of the affected poor and other vulnerable groups; Gender analysis is required to identify related resettlement impacts and risks;
1 High-risk projects refer to those which displace 50 or more households in the mountainous region, 75 or more households in the hilly region and 100 or more households in the Tarai. Medium-risk projects, on the other hand, are those that force relocation of less than 50 households in the mountainous region, less than 75 households in the hilly region and less than 100 households in the Tarai. Likewise, low-risk projects refer to those which cause productive property to shrink by up to 10 per cent.
Initial Environmental Examination Report of Pakali – Nadaha Road 32 SASEC Road Connectivity Project (SRCP)
Resettlement Plans (RP) should be prepared in full consultation with affected persons (APs), host communities, and concerned nongovernment organizations (NGOs) including disclosure of the RP and project related information; Preference will be given to land-based resettlement for affected persons whose livelihoods are land-based. However, if the land is not the preferred option or the land is not available at reasonable price, the DPs will be provided opportunities for employment, or self-employment, in addition to the reasonable cash compensation for land and other assets lost; Cash compensations for the loss of structures, other assets and incomes should be based on full replacement cost; Absence of formal legal title to land or non-recognized or recognizable claims to such land by the affected persons should not be a bar to compensation; The rate of compensation for land, structures and other assets should be calculated at full replacement cost on the basis of fair market value; transaction cost; interest accrued; transitional and restoration cost, and other applicable payments, if any. All compensation payments and related activities must be completed prior to the commencement of the civil work; Special attention to be paid to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children and indigenous people and those without legal title to land. E. Nepal and ADB resettlement policy differences and measures to bridge the gaps.
68. The following table summarizes the main differences between ADB and government of Nepal’s legislation in terms of involuntary resettlement and measures included in this resettlement plan to bridge the gaps.
Table 28: Comparison of differences & gaps between Government Law, ADB SPS and Measures Recommended in the Resettlement framework
Measures recommended in Key Issues Government Laws ADB SPS the RP Loss of more than Do not consider the Income restoration Provision has been made 10% of the total percentage loss of programme such as to provide training and landholdings and income or total training and other measures in the EM income land holdings measures to restore and improve the standard of living of the affected households
Squatters/illegal Do not consider Non-title holders are not Provision has been made occupants/non- squatters/ entitled for t h e to provide compensation titled land users encroachers/ non- compensation of land but for the structures/houses/ titled land users for for replacement cost of business in the EM compensation assets on land and resettlement assistance business and other assistance
Initial Environmental Examination Report of Pakali – Nadaha Road 33 SASEC Road Connectivity Project (SRCP)
Measures recommended in Key Issues Government Laws ADB SPS the RP Valuation of Compensation All compensation is Provision has been made affected land , rate will be based on the principle of for the replacement value houses & other determined by replacement cost for the loss of land, structures and CDC, consisting of houses/structures. The trees (i) CDO, (ii) methodology for assessing representative the replacement cost of land from DDC and structure is explained in (iii)Chief of Land chapter X Revenue Office APs are allowed to take (iv) Project salvaged materials. Manager CDC will make final decision on the rates in the presence of representatives from DPs, VDCs, civil society, who will attend the meeting as an observer
Other assistance No provision All the eligible DPs Provision has been made for relocation of including tenants, for the transitional the houses employees are entitled to allowances, transport receive financial allowances and one time assistance to cover financial assistance to the physical and economical tenants, employees displacement Vulnerable No provision Focused on the poor and Provision has been made groups vulnerable group to avoid for income restoration future impoverishment programme and other and create new financial assistance opportunities
Initial Environmental Examination Report of Pakali – Nadaha Road 34 SASEC Road Connectivity Project (SRCP)
VII. ENTITLEMENT, ASSISTANCE AND BENEFITS
A. Entitlement Policy and Matrix
69. This chapter reviews the policy framework that applies to the project. Land Acquisition Act (LAA) 1977, compatible with the ADB Safeguard Policy Statement 2009, guides resettlement Plan (RP). According to the Land Acquisition Act 1977, if the Government of Nepal (GoN) or any party acquires portion of lands of the public, it should pay compensation or on the negotiation for public purposes and works. The RP provisions compensations to the DPs for all types of losses. In addition to the compensation for affected assets, the DPs will also receive other cash grants and resettlement assistance such as; shifting allowance, loss of workdays, income restoration, and additional financial assistance to the vulnerable DPs; such as household headed by women, disabled persons, ethnic groups, and household living below poverty level. The DPs under the project will be compensated at full replacement cost based on current market price to be determined by Compensation Determination Committee (CDC). The entitlement matrix (Table 22) provides details regarding the application of the principles, definition of entitled persons, and entitlements. Description on compensation provisions and other financial assistance made for different items are discussed in the following subsections based on the provisions made in the Entitlement Matrix (EM) B. Compensations Provisions
70. Compensation for land acquisition. One time cash compensation to the DPs at replacement cost for the permanently acquired private land (homestead, agricultural lowland, agricultural upland, fallow land and others), in accordance to the provision in Land Acquisition Act 1977. In the Act, there is also option of land for land compensation only if, Government land is available in the area . Compensation for land will be given at local market value/replacement cost to be determined by CDC [Ref. EM: A- 1 (a, b, c)]. Permanent tenants/sharecroppers will receive 50 % cash compensation for the loss of tenancy due to acquisition of land. All the fees, taxes incurred in the relocation will be borne by the project. C. Compensation for the Loss of Income Generating Assets
71. Loss of Income by Agricultural Crops, and Fruit and Non-fruit Trees Cash compensation for the loss of agricultural crops at current market value for mature crops based on average production subject to be fixed by CDC [EM:B-1 (a & b)]. For the loss of fruit trees, compensation will be paid for the next 5 to 15 years average fruit production and its type based on the fruit bearing years with the support of District Agriculture Office (DAO), if required [EM: B-1 (cod) and B2 (a/b &c)]. Similarly, the CDC may seek support from District Forest Office (DFO) while fixing compensation for other trees 72. Loss of Business in the Affected Structures: One time lump-sum grant equivalent to minimum one-month's income based on nature of business and types of losses to be paid on case-to-case basis [EM: B-3 (a)]. 73. Loss of Business Premises: One time cash assistance to the owners or renters equivalent to two months income based on the nature of business including shifting
Initial Environmental Examination Report of Pakali – Nadaha Road 35 SASEC Road Connectivity Project (SRCP)
allowance on actual cost basis [EM: B-4 (a, b, & c)] 74. Loss of Wage by Employee: The employees affected due to resettlement impact on structure and business will be provided one time financial assistance equivalent to 90 days wages rate as determined by CDC [EM: B-5 (a & b)]. 75. Loss of Business from Commercial Kiosks: The affected commercial kiosk will be provided onetime cash assistance equivalent to one month’s income on case to case basis based on type of business and average income from the business [EM: B-6 (a & b)] D. Additional Assistance to Vulnerable Groups
76. Affected households having: (i) significant resettlement impacts, (ii) disabled member, (iii) household headed by women, (iv)'occupational caste' (dalit), (v) endangered ethnic groups are considered as vulnerable in this RP. The entitlement matrix provisions cash compensation for such vulnerable households for 90 days wage rate. 77. 78. Livelihood Assistance and Skill Development Training: Households having more than 10% loss of total holdings of agricultural land/income, complete loss of residential structures, and vulnerable groups will be provided skill development training according to the choices of DPs and locally available training packages through the Supervision Consultant. 79. Temporary Employment in the Project: Displaced persons from vulnerable and significantly affected households will also be encouraged for temporary employment for semi-skilled and non-skilled works in the project through the contactors [EM: B-7 (d) 8 EM: B-8 (d)]. E. Compensation for the Loss of Residential/Commercial Structures
80. Compensation for the Owners (titleholders/squatters/encroachers) : One time cash compensations for the affected structures used as residential, commercial and other utilities (e.g. toilet, well, cattle shed etc) will be paid to DPs at full replacement costs to be fixed by CDC at replacement value [EM: C-1 (a)]. The vulnerable squatters/encroachers will also be eligible to get assistance for the loss of structures/assets at full replacement costs [EM: C-2 (a)]. Owners of the affected structures will be allowed to take/reuse all the salvageable materials for rebuilding/rehabilitation of the structures without any deduction from the compensation amount [EM: C-1 (b) & EM: C-2 (b)]. 81. In the cases requiring rebuilding and rehabilitation, the DPs will be paid two months local agricultural wage for rebuilding/rehabilitation of structures plus transport allowance to cover the cost for moving structures including load-offload cost. The vulnerable squatters will also be paid for the loss of structures and transport allowance but they will not be eligible for the loss of land [EM: C-1 (c)]. 82. Compensation for the Loss of Residential/Commercial Structures by Tenants: The renters/tenants of the affected residential/commercial structures will be provided one month's rental financial assistance for moving to alternative premise for reestablishing their home/business plus transfer allowance to cover the cost of shifting [EM: C-3 (a & b)]. 83. Loss of Cultural & Community Structures/Land/Facilities: The religious/cultural/community structures affected due to acquisition and construction
Initial Environmental Examination Report of Pakali – Nadaha Road 36 SASEC Road Connectivity Project (SRCP)
activities will be constructed/rehabilitated or provided cash compensation to the recognized patron/custodian [EM: C-4]. 84. Unanticipated Adverse Impacts: The Project Implementation Unit (PIU) will deal with any unanticipated consequences of the project during and after the implementation phase as mentioned in the Entitlement Matrix F. Relocation and Income Restoration
85. Relocation of households losing structures. The resettlement impact of the proposed Subproject is mainly concentrated on agricultural land and few structures, and the acquisition will be limited within 16 meters Corridor of Impact (CoI). Therefore, the magnitude of impact is anticipated to be low; thus, may not require relocation. Most of the households likely to lose only small strips of land and will have options of relocating their structure in the remaining land occupied by them. The titleholders will be paid compensation for the losses of their land and structures. The non-titleholders will also be paid compensation for the loss of their structures as per the government norms and this will enable them to relocate in the place of their choice. The displaced persons, in addition to the compensation will receive all benefits as mentioned in the entitlement matrix. Consultation with affected households revealed that they would opt for self-relocation and would require the government to pay compensation at replacement value for their affected assets.
86. A detailed Entitlement Matrix has been provided in the following Table .
Initial Environmental Examination Report of Pakali – Nadaha Road 37 SASEC Road Connectivity Project (SRCP)
Table 29: Entitlement Matrix
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility Loss of Land A-1 Loss of agricultural/ Additional Person(s) with a) Cash compensation based on replacement Compensation DoR and residential/ land and land records cost for lost assets CDO commercial land by other assets verifying b) Subject to the availability of land, Displaced landowners required for ownership Persons (DPs) may opt for replacement land construction of a similar productive quality and location and instead of cash compensation improvement c) All fees, taxes and other charges as works beyond applicable under the relevant laws, incurred in the existing the relocation and resource establishment are road to be borne by the project A-2 Loss of agricultural/ Renter or share- a) Fifty percent cash compensation to the share Compensation DoR and residential/ cropper of land cropper/ tenants of the affected plots as per for loss of CDO commercial land by the prevailing laws (LA Act Clause 20) tenancy permanent tenants A-3 Loss of land Land Person(s) with a) Contractors to negotiate a contract agreement Compensation DoR temporarily for the use acquired land records on the rental rate with the owner for temporary for temporary /CDC/SC/ of contractors during temporarily verifying acquisition of land loss of assets Contractor construction by ownership b) Project and the contractor to ensure that contractors persons other than the owner affected as a result of temporary acquisition are compensated for the temporary period c) Land should be returned to the owner at the end of temporary acquisition period, and restored to its original condition or improved as agreed with the DP. Loss of Income Generating Assets B-1 Loss of agricultural Land Owner of crops or a) Advance notice of 1 month to be provided to Cash income for DoR, crops, and fodder purchased or trees (includes DPs to harvest their crops lost crops/trees CDO trees, fruit trees and reclaimed for crops /trees b) Cash compensation for loss of agricultural timber trees by owner road owned by crops at current market value of mature purposes encroachers/ crops, based on average production squatters)
Resettlement Plan for Pakali - Nadaha Road 38 SASEC Road Connectivity Project (SRCP)
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility c) Compensation for loss of fruit bearing trees for average fruit production for next 5 to 15 years to be computed at current market value d) Compensation for loss of wood-trees at current market value of wood (timber or firewood, as the case may be) B-2 Loss of agricultural Land Share cropper/ a) Advance notice of 1 month to be provided to Cash income for DoR, crops, and fruit and purchased or tenant DPs to harvest their crops lost crops/trees CDO, and wood trees by reclaimed for b) Cash compensation for loss of agricultural Supervisio sharecropper/ tenant road crops at current market value of mature n purposes crops, based on average production Consultan c) Compensation for loss of fruit trees for t average fruit production based on its type and fruit bearing years for the next 5 to 15 years to be computed at the current market value B-3 Loss of income by Business Owner of business a) One-time lump sum grant; minimum one- Short-term DoR, structure owner / adversely / business tenants month’s income based on the nature of compensation for CDO and tenants for conducting affected by business and type of losses assessed on a loss of income Supervisio business road case-to-case basis n construction Consultan t B-4 Loss of business Structure on Owner /renter of a) One-time cash assistance equivalent to two- Removal DoR, premises by acquired land business month’s income based on the nature of /relocation CDO and owners/renters and/or legally business for re-establishing the businesses assistance Supervisio confirmed at the alternative premise n ownership b) Shifting allowance (transport plus Consultan rights loading/unloading charges) will be paid to t affected businessmen (if applicable), on actual cost basis c) The amount of deposit or advance payment paid by the business tenant to the landlord will be deducted from the payment of the landlord
Resettlement Plan for Pakali - Nadaha Road 39 SASEC Road Connectivity Project (SRCP)
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility B-5 Loss of wages by Income Employees of a) One-time financial assistance to hired Short-term DoR, employees reduced business employees equivalent to 90 days wages to compensation for CDO and during period be computed on the basis of local wage rates loss of income Supervisio of as determined by Compensation n readjustment Determination Committee (CDC) formed Consultan under CDOs for respective district for t respective categories. b) DPs who are eligible for semi-skilled and unskilled labor will be given priority employment opportunities in the Project’s implementation works B-6 Loss of income by Business Non-mobile a) One-time cash assistance: minimum one- Short-term DoR, kiosks affected business month’s income based on the nature of compensation for CDO and temporarily operators on business and type of losses assessed on a loss of income Supervisio during road footpaths/roadside case-to-case basis as determined by CDC n construction formed under CDOs Consultan b) Shifting allowance will be paid to the affected t (if applicable), on actual cost basis
B-7 Additional assistance Household Women-headed a) Cash assistance for 90 days at the local Income DoR, to vulnerable groups income households; agricultural wage rate for respective district restoration CDO and affected as a Household with assistance Supervisio result of road Disable members n construction and Elderly Consultan headed t households; Ethnic Occupational Caste (Dalit); endangered groups; officially below poverty level households
Resettlement Plan for Pakali - Nadaha Road 40 SASEC Road Connectivity Project (SRCP)
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility c) Skill development training per family to be organized by Supervision Consultant for any productive activity d) Temporary employment in the project construction work to DPs with particular attention to DPs who consider as vulnerable group by the project contractor to the extent possible B-8 Livelihood assistance Severely Family having a) Cash assistance for 90 days at the local Income DoR, and skill development affected more than 10% agricultural wage rate restoration CDO and training to the family Families loss of total land b) Skill development training per family to be assistance Supervisio having significant loss or income holding organized by Supervision Consultant for any n of property and affected by the productive activity. Consultan income sources project; absentee c) Temporary employment in the project t landlords will not construction work to DPs with particular eligible for this attention to DPs who live under poverty line provision by the project contractor to the extent possible d) This title will be implacable if the household who lose more than 10% will be dependent on the land and household occupation will be agriculture (this will be applicable after verification from DLRO during implementation phase) Loss of Residential, Commercial, Community Property C-1 Loss of residential Land on Owners of the a) Cash compensation for loss of structures at Restoration of DoR and structures and which structure replacement cost. residence / CDO commercial structures property b) Owners of affected structures will be allowed shop. by owners including stands to take/reuse their salvageable materials for squatters purchased or rebuilding/rehabilitation of structure without reclaimed for deducting any costs. road purposes
c) In case of relocation, transfer allowance to cover cost of shifting (transport plus
Resettlement Plan for Pakali - Nadaha Road 41 SASEC Road Connectivity Project (SRCP)
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. d) Owner of the fully affected structure will be paid lumsum NRs 10,000 as displacement allowance e) In case of rebuilding/rehabilitation of structure, DP will be paid 2 months cash assistance at the local agricultural wage rate as a transitional allowance to cover lost of time and income. f) Assistance from the project to locate alternative plot for relocation; OR relocation to a resettlement site developed by the project if opted by DP C-2 Loss of residential Owners of the a) Compensation for structure (but not for land) Restoration of DoR, structures and structure at replacement cost to the vulnerable person residence / CDO and commercial structures only. shop. Supervisio by encroachers b) Shifting allowance will be provided to the n structure owner on the actual basis Consultan c) Encroachers will be notified a time in which to t remove their assets to be affected. d) Encroachers who are vulnerable /below poverty line to be assisted case-by-case considering relevant facts on family income and existing assets C-3 Loss of residential / Renters of house / a) Rental assistance equivalent to 1 month rent Assistance to DoR, commercial structures commercial moving to alternate premise make CDO and by tenants (Renters) structure b) Transfer allowance to cover cost of shifting alternative Supervisio (transport plus loading/unloading) personal arrangement n effects paid on actual cost basis or on current Consultan market rates t C-4 Loss of cultural & Monastery/Temple a) Complete rehabilitation/restoration by the Replacement DoR, community structures / Religious Tree/ Project; or, cash compensation for restoring /restoration of CDO and /land/facilities community affected cultural/community structures and structure Supervisio land/Graveyard /facility n
Resettlement Plan for Pakali - Nadaha Road 42 SASEC Road Connectivity Project (SRCP)
Item Result in Responsi Type of Losses Application Definition of DP Entitlements No Action bility installations, to the recognized Consultan patron/custodian t Unanticipated adverse impact The EAs and project implementation authorities will deal with any unanticipated consequence of the project during and due to project intervention or after project implementation in the light and spirit of the principle of the entitlement matrix. associated activity Notes: (i) DP- Displace Person; (ii) DoR- Department of Roads; (iii) CDO-Chief District Officer, the core responsible authority to implement Resettlement activities in each administrative district of Nepal; (iv) LA Act - Land Acquisition Act 1977; (v) CDC-Compensation Determination Committee to be formed under the chair of CDO to implement RP
Resettlement Plan for Pakali - Nadaha Road 43 SASEC Road Connectivity Project (SRCP)
VIII. RELOCATION PREFERENCES
87. According to the census survey, out of 142 HHs 97 households (388 affected persons) will have to physically relocate their residences or shops. The affected households were asked their preferences for relocation assistance by the project. Most of them (85%) preferred cash compensation. The following table shows the compensation choice of project affected families.
Table 30: Preference for relocation assistance
Type of Compensation No. of Households Percentages Cash 121 85.21 Land for Land 7 4.93 House for House 14 9.85 Total 142 100.00
Source: Census Survey November, 2016
88. In addition to the replacement cost of the structure, this Resettlement Plan proposes the following shifting and reconstruction assistance measure equivalent to 10% of the replacement cost of the structure affected, or equivalent to the actual cost of repair or allowances and transportation cost. Moreover, all affected household will be notified 2 months in advance of the date of construction.
Resettlement Plan for Pakali - Nadaha Road 44 SASEC Road Connectivity Project (SRCP)
IX. LIVELIHOOD RESTORATION MEASURES
89. The entitlement matrix has various provisions for the loss of income (loss of business income, loss of wages, loss of crops and loss of fruit trees. According to the survey, 46 shop owners & 24 rented shop owners will lose their income as their commercial structure will be fully affected ( EM B-8, C). The following income restoration provisions are thus proposed in this RP:
Table 31: Income Restoration Measures
Financial assistance Type of Allowance
Allowance for loss of 70 shop owners will have to fully relocate their commercial structures. income for shop owners According to the entitlement matrix, they will be eligible to minimum whose commercial premise district rate wages for two months (per day Rs 475.00).. is fully affected. .
90. The Livelihood Improvement Training will be provided for one member of each of the 106 vulnerable households. The significantly affected household will also be included with in vulnerable category. Training courses will be identified during the implementation of the RP through a need assessment of the participants. Examples of training courses are vegetable farming (Off seasonal vegetable production), poultry farming, cattle rising, sewing classes, etc. The CSC livelihood expert will conduct the assessment and facilitate the training program in the implementation; coordination with line agency like was District Agricultural Development Office, District small and Cottage Industries Development Council etc.
Resettlement Plan for Pakali - Nadaha Road 45 SASEC Road Connectivity Project (SRCP)
X. RESETTLEMENT BUDGET AND FINANCING PLAN
91. This chapter will provide cost estimates for the RP activities described in preceding chapters under the following items: A. Cost for Land Acquisition
92. According to the engineering estimates, a total of 2507.06 sq. m of land is required at different location of from Pakali to Nadaha for bridges section of the road section.
93. The estimate of the land cost used for this RP are based on an assessment of recent transactions of land from government office and recent market price confirmed via consultations with key stakeholders (i.e. APs and with district level officials to know the prevailing rate). There are two different types of valuation systems; (i) one based on government rate, and (ii) one based on current local market rate. As being practiced, government rate is fixed by the District Land Revenue Office (DLRO)2 in accordance to the location of land, type of land, the rate of land quoted on the current land transaction documents and land revenue paid by the public. However, final compensation amount will be decided by CDC. The following are the estimate of land price and total cost of land by affected areas. (EM: A-1, A-2).
Table 32: Estimated Compensation Cost for Land
Additional Land Required (in Per Unit Cost Tentative Name of VDCs sq.m.) (NRs.) sq. m Cost(NRs.) Bharaul 1320.5 4500 5,942,700.00 Sisuwa 1186.46 4100 4,864,505.68 Total 2507.06 10,807,205.68
Source: Census Survey November, 2016 B. Cost for Private structures
94. There are 151 private structures going to be affected in the project road. As provisioned in the entitlement matrix (EM: C-1 and C-2), compensation cost for the affected structures have been calculated based on the measurement of the affected structures taken out during the field survey and construction type of affected structures. Furthermore, the social survey team held consultations with local construction contractors, local community, and key stakeholders those who have constructed new houses within one year, to investigate the market rate of the construction work like; private housing and other structures. Based on these investigations the technical team members provided technical ideas to estimate cost of affected structures. Guidelines of the Department of Urban Development and Building Construction (DUDBC) & DDC/DTO have also been taken into account while
2 There are District Land Revenue Offices (DLRO) in all (75) district and responsible for also fixing land price of the respective districts based on land transaction made in the district and update them annually.
Resettlement Plan for Pakali - Nadaha Road 46 SASEC Road Connectivity Project (SRCP)
calculating the cost for affected structures.3. The estimated cost for the private structure is presented in Table . Appendix 4 provides calculation methodology for affected structures. The compensation rate for the affected buildings and structures were estimated according to the type of structures such as frame structures, cement mortar RCC structure, mud mortar RCC/RBC structure, block bricks and cement mortar with zinc roofed and temporary structure. 151 structures, including 46 is commercial structure, were affected for the project purpose. The total cost for 151 structures is estimated based on recent increase in the price of the construction materials as, NRs.20, 659,372.00
Table 33: Estimated Compensation Cost for Structures
Number of Plinth Rate Per Estimated S.N Types of Structures affected area Sqm Sqm Cost Rs structures Frame structures with 1 11 185 20,500.00 3,792,500.00 concrete Brick wall with cement 2 16 164.5 13,750.00 2,261,875.00 mortar Brick, wood wall with tin 3 43 344.4 12,430.00 4,280,892.00 roof Temporary wooden/bamboo/mud 4 81 752.7 8,250.00 6,209,775.00 wall with zinc or straw roof Total 151 1446.6 16,545,042.00
5 Community School 331 12430 4,114,330.00 Grand Total 20,659,372.00
Source; Field Survey, November 2016 C. Assistance to Reconstruction and Rehabilitation Allowances
95. The reconstruction and rehabilitation allowance covers the housing displacement and business displacement allowances. The Entitlement matrix (EM: B-7- B-4 B-5) provisions cash compensation for such vulnerable households equivalent to two months wage rate for restarting their livelihoods. Households whose houses need to be relocated will receive a reconstruction and shifting allowance equivalent to 10% of replacement cost of structure or equivalent to the actual cost of the transportation allowances. Owners of commercial enterprises requiring relocation will receive a business displacement allowance. Estimated cost for the displacement and rehabilitation allowances is presented below. However, transportation allowance will not be estimated to the structure having partial loss.
3 The Government of Nepal, Department of Urban Development and Building Construction (DUDBC) & District Technical Office are the authorized Government body The Department regularly updates its rate based on current market price and provides basis for calculating the cost of different types of structures.
Resettlement Plan for Pakali - Nadaha Road 47 SASEC Road Connectivity Project (SRCP)
Table 34: Displacement and Rehabilitation Allowances
60 Days S.N. Allowances Unit Quantity minimum Amount (NRs.) wage rate Reconstruction and shifting 1 Number 97 28,500.00 2,764,500.00 allowance of the structure 3 Business displacement Number 70 28,500.00 1,995,000.00 3 Income restoration program Number 107 21,000.00 2,247,000.00 Affected HHs to transfer 4 Number 10 5000 50,000.00 ownership of the lands Affected HHs to transportation and daily expenses required to 5 Number 145 2500 362,500.00 travel district headquarter/PIU office for affected persons
Total 7,419,000.00
Source; Field Survey, November 2016
No. of HHs NRs. 21,000 for training District Wage rate of Sunsari: 475 fiscal year 073/74 D. Additional Assistance to the Vulnerable Groups
96. Based on the census data, there are about 106 vulnerable households of different categories. The Entitlement matrix (EM: B-7-B-4. B-5, B-3. and B-1-b,c) provisions cash compensation for such vulnerable households equivalent to three months wage for restarting their livelihood. However, additional assistance to such vulnerable groups need to be distributed only after the finalization of resettlement impact and its extent, and confirmation of the vulnerability of the households in close collaboration with the local communities and CDC. The census survey found that 106 households are vulnerable. Before distribution the additional assistance to vulnerable household, the social/resettlement specialist and social mobilizers of Construction Supervision Consultant will verify and finalize the vulnerable households in the presence of Subproject Level Committee (SLC) members and other local people. Different rehabilitation measures as per EM for such households are as below:
Table 35: Additional Assistance to Vulnerable Groups
One Time Cash Total cost No of Assistance at the Local S.N. Vulnerable Categories for Households Agricultural Wage Rate assistance (NRs.) Women Headed 1 30 42,750.00 1,282,500.00 Households excluded BPL Elderly Headed 2 2 42,750.00 85,500.00 Households 3 Below Poverty line 14 42,750.00 598,500.00 4 Indigenous Group 61 42,750.00 2,607,750.00 Total 107 4,574,250.00 Source: Census Survey, November 2016 [a] No. of HHs x 60 days x NRs. 475=28500
Resettlement Plan for Pakali - Nadaha Road 48 SASEC Road Connectivity Project (SRCP)
E. RP Implementation and Management Cost
97. There are also several RP implementation activities that need to be carried out at project road level by the Project Manager (PM). Some of such activities are: (i) public consultation, and information dissemination, (ii) organizing CDC meetings, and implement CDC decision, field verification, and updating RP, (iii) organizing and mobilizing local grievance redress committee meetings, (iv) Deed Transfer and required land surveying so on. In order to ensure such expenses, RP implementation cost also been calculated and incorporated in resettlement in following.
Table 366: Cost Estimated for Resettlement Implementation Activities
Estimated S.N. Description of Tasks Quantity Rate (NRs.) Costs (NRs.) Information dissemination about the 1 project, resettlement impacts, and - - 150,000.00 compensation provision Organizing CDC meeting and follow up 2 LS - 150,000.00 activities Organizing GRC meetings and follow-up 3 8 10,000.00 80,000.00 activities Establishing Sub-local level committees 4 and their mobilization (@NRs.5,000 per 10 10,000.00 100,000.00 committee) Public notification of Affected assets and 5 invitation to receive compensation (@ LS - 250,000.00 NRs. 50,000) If required, Surveyor/Amin Mobilization/ Malpot for Field Verification and Deed 6 2 100,000.00 100,000.00 Transform (NRs. 50,000 Per Man month) Miscellaneous cost (land tax, other fees, 7 LS - 588,000.00 transportation cost for APs, if required) Total 1,418,000.00 Source: Census Survey, November, 2016 98. RP implementation covers the cost for the implementation and management of resettlement–related activities. It includes information dissemination, campaign, public consultation, CDC meeting, local grievance redress committee formation and conducting meetings with Aps etc. F. Contingencies
99. A contingency amount of 10 % of compensation and rehabilitation costs include for the widening and upgrading of existing road especially in the bridges section. G. Total cost estimate
100. The total cost estimate for the widening and upgrading of existing road from Pakali to Nadaha and total estimated cost including land acquisition made up as follows:
Resettlement Plan for Pakali - Nadaha Road 49 SASEC Road Connectivity Project (SRCP)
Table 37: Summary of Compensation Costs
Total estimated cost (in S.N Items NRs.) 1 Compensation of Land 10,807,205.68 2 Compensation of structures 20,659,372.00 3 Compensation Crops/Trees 67,500.00 4 Displacement and rehabilitation cost 7,419,000.00 5 Assistance to vulnerable groups 4,574,250.00 6 RP implementation 1,418,000.00 7 Total (A) 44,945,327.68 8 Contingencies (10 %) (B) 4,494,532.77 9 Grand Total estimated (A+B) 49,439,860.45 Total $ @109.48,Dec 2016 451,588.06 H. Financing Plan
101. All costs related to land acquisition and resettlement budget would be borne by the Government. The EA will ensure that adequate funds are delivered on time to the CDO for timely implementation of RP.
Resettlement Plan for Pakali - Nadaha Road 50 SASEC Road Connectivity Project (SRCP)
XI. INSTITUTIONAL ARRANGEMENTS
A. Central level Project Implementation Unit (PIU), Department of Roads (DOR):
102. The Ministry of Physical In fracture and Transportation (MoPIT) will be the Executing Agency (EA) and the Department of Road (DoR) the implementing agency (IA) for this project. DoR has established a Project Directorate PIU at the central level (Kathmandu). For resettlement activities the PIU will be supported by a resettlement consultant who will review the monitoring data, conduct his/her own field level data verification and consultation with affected persons and provide advice to DoR in follow- up actions. The central level PIU Project Director of the central will assume the following responsibility for RP implementation:
Establish the two field offices headed by Project Managers (PM) responsible for the implementation of the Pakali - Nadaha road improvement project; Establish the third tier Grievance Redress Committee (GRC); Establish and approve the procedures for the resettlement and compensation activities; Review the monthly monitoring report prepared by the field PIUs and supervision consultant Prepare the semi-annual monitoring report B. Field-level PIU, DOR
103. The IA will establish two field-level PIUs headed by Project Managers (PM) with officer in rank of Senior Divisional Engineer. The Project Manager will be responsible for implementing the resettlement activities at the field level with the help of the resettlement team from the Supervising Consultant (SC). The PM will coordinate with the CDO in formation of CDC at district level and keep coordination with other line agencies at district level for the implementation of RP. Key activities of the PM are:
Approve the survey verification and update of affected persons and entitlement cards Liaise with CDO and participate in CDC Distribute resettlement benefits Verify the field and prepare RP addendums and updates conduct and document regular and meaningful consultations with affected persons – including the dissemination of entitlement benefits conduct internal monitoring of RP activities and prepare monthly progress reports Establish the second tier Grievance Redress Committee (GRC); convene the GRC C. Compensation Determination Committee (CDC)
104. The Land Acquisition Act (1977) specifies the procedures for land acquisition and compensation. The Act empowers the government to acquire any land for public interest or for the execution of any development works. There is a provision of Compensation Determination Committee (CDC) under the chairmanship of Chief
Resettlement Plan for Pakali - Nadaha Road 51 SASEC Road Connectivity Project (SRCP)
District officer which will fix the rate of compensation for the affected property. The other members in the committee are the Chief of Land Revenue Officer, representative from District Development Committee (DDC), concerned Project Director/Manager. The committee can also invite representatives from among the affected persons, representative from affected VDC/Municipality. The committee will be responsible for dealing with the issues related to compensation and rehabilitation. The main responsibilities of the committee are:
To verify the loss of land and other assets due to project implementation Publish notice for land and other assets acquisition by the project Determine the price of all kinds of loss incurred Hold meetings with the affected people Notify the APs to collect compensation Pay compensation for all loses Hear grievances if any and Implement rehabilitation measures D. Grievance redress committee (GRC)
105. There will be two level of GRC. One will be according to the clause 11of Land Acquisition Act 1977 which will be chaired by the CDO. Under the LA Act, any DPs can raise objection against acquisition of land by a notice to Ministry of Home. There are normal procedure and rules and regulation to address the complaints/grievances. There will be another GRC at local level (each VDC). DPs can submit grievances verbally or written to this committee for resolution. If the grievances resolved at local level, it will not refer to CDO. In case, it is not resolved, it will refer to GRC at district level which is chaired by CDO. E. Supervision consultant (SC)
106. A social/resettlement specialist, and field level social mobilizers will be responsible for the day-to-day implementation of the land acquisition process and resettlement activities. More specifically, the SC social/resettlement team will perform the following activities. The TOR of the RS has been provided in the Appendix 6.
Inform affected persons of entitled compensation and methods of receiving compensation payment; support the survey verification and update of affected persons and assets prepare identification and entitlement cards provide assistance to the District Commissioner’s office for land acquisition activities Assist CDC in determining the compensation for various affected assets; provide support to the affected persons in gathering their documentation to collect their award payment at the district’s office support the PIU in the distribution of resettlement benefits support the field data gathering for the preparation of RP addendums and updates conduct and document regular and meaningful consultations with affected persons – including the dissemination of entitlement benefits
Resettlement Plan for Pakali - Nadaha Road 52 SASEC Road Connectivity Project (SRCP)
conduct internal monitoring of RP activities and prepare monthly progress reports; Keep and update all resettlement activities and submit monthly resettlement implementation progress report to PIU, DoR; address grievances at local level act as secretary in grievance redress mechanism and document grievances and resolution process support affected persons in filing grievances Identify vulnerable group and severely affected persons and recommend additional assistance and livelihood assistance and skill development training to them; Arrange skill development training through recognized training institution at project level; F. Staff training at PIU
107. At present, there are no sufficient experienced personnel involved in land acquisition, resettlement and rehabilitation activities at PIU. After the SC resettlement team is mobilized, a 2 days orientation and training regarding the ADB new Safeguard Policy 2009 and management and the resettlement activities to be implemented under this project will be conducted for the DOR staff involved in the implementation of resettlement and rehabilitation activities of this project (including the field staff). The training/orientation session will be repeated in the field offices, DDCs and VDCs either by grouping the adjacent districts or individually as per convenience of the field staff
Resettlement Plan for Pakali - Nadaha Road 53 SASEC Road Connectivity Project (SRCP)
XII. IMPLEMENTATION SCHEDULE
108. The project is expected to be implemented from the Last quarter of 2017 to the second quarter of 2019. Advance actions such as the establishment of the field-level PIU office, the appointment of the Project Managers, the recruitment and mobilization of the SC resettlement team, the establishment of grievance redress committee and the formation of the CDC are required. Disbursement of compensation and resettlement assistance activities will be completed before each section is handed over by DoR to the contractor. However, income rehabilitation measures may continue and be completed even after civil works begin. Figure 5 provides the timeline for project resettlement activities.
Resettlement Plan for Pakali - Nadaha Road 54 SASEC Road Connectivity Project (SRCP)
Figure 5: Implementation Schedule of the Resettlement Plan
Year 2017 2018 2019 Third Fourth Responsibili Third Fourth First quarter Second First quarter Second Activities Jul De Jan Fe ty July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Aug Sept Oct Nov Mar Apr May June y c b Establishment of sub → DOR project office Mobilization of → DOR Supervision Consultant Joint survey with PM/ CSC contractor → DOR, Formation of CDC CDO → Dissemination of information, public DOR, consultation, CSC distribution of summary of RP in Nepali → Determination of DOR, compensation of SC, CDO affected assets → Publication of Land & DAO structure Acquisition Sunsari notice → Formation of GRC DOR,SC → Publish notice to collect DOR, compensation of DAO affected assets → Distribution of DOR, compensation DAO → → → → → → → → Transfer of land DAO, → → → → → → entitlement of acquired DLRO,D land in the name of LSO,DO DOR/Government R Payment of → → → rehabilitation DOR, SC allowances to SPAF& Vulnerable groups
Resettlement Plan for Pakali - Nadaha Road 55 SASEC Road Connectivity Project (SRCP)
XIV. MONITORING AND REPORTING
A. Internal monitoring System
109. An internal monitoring system will be established by DOR, the PIU and the CSC resettlement staff. A set of process, outcome and baseline indicators will be developed and the baseline gathered at the onset of CRIPP implementation. The PIU and CSC resettlement staff will maintain record of all activities related to the resettlement in a database. Indicative indicators for the resettlement plan can be found in Table .
Table 38: Monitoring issues and Indicators
Monitoring Issues Monitoring Indicators Budget and time . Has all resettlement staff been appointed and mobilized for field and frame office work on schedule? . Have capacity building and training activities been completed on schedule? . Are resettlement implementation activities being achieved according to agreed implementation plan? . Are funds for resettlement being allocated to resettlement agencies on time? Have resettlement offices received the scheduled funds? . Have funds been disbursed according to RP? . Has the land been made encumbrance-free and handed over to the contractor in time for project implementation? Delivery of . Have all affected persons received entitlements according to numbers entitlements and categories of loss set out in the entitlement matrix? . How many affected households have relocated and built their new structures at new locations? . Are income and livelihood restoration activities being implemented as planned? Have affected businesses received entitlements? . Have the community structures been compensated and rebuilt at new sites? . Have all processes been documented? . Are there discrepancies between the estimated number of affected persons as per the RP/RP addendum and actual numbers . Share of compensation disbursement vs total Title-Holders affected . Share of Titled-holders who have received their entire compensation packages (compensation and other resettlement allowances) vs total Title-Holders affected . Share of non-titled holders who have received compensation of structures vs total non-titled holders identified . Share of non-titled holders who have received their other resettlement allowances vs total non-titled holders identified . Is the rate for compensation for land and structure equivalent to replacement cost? Relocation . Has NGO prepared a list of alternative places to rent/buy? assistance . Have affected households benefitted from support of NGO to find alternative place to rent/buy? If so, how many and what services were provided? Consultation, . Have resettlement information brochures/leaflets been prepared and grievances, and distributed? Have consultations taken place as scheduled, including special issues meetings, groups, and community activities? . Have any affected persons used the grievance redress procedures? What grievances were raised? What were the outcomes? . Have conflicts been resolved?
Resettlement Plan for Pakali - Nadaha Road 56 SASEC Road Connectivity Project (SRCP)
Monitoring Issues Monitoring Indicators . Have grievances and resolutions been documented? Have any cases been taken to court? Resettlement Benefit/ . What changes have occurred in patterns of occupation compared to the Impacts pre-project situation? . What changes have occurred in income, expenditure and livelihood patterns compared to pre-project situation? . How many physically displaced households have relocated? Where are they relocated (i.e. remaining plot of land, newly purchased plot, rented plot/structure) . How many households have purchased plot? . What was compensations/resettlement benefits spent on? . Have the participants of the livelihood-training program used their new skills? What was the seed grant spent on? B. External monitoring
110. External Social Monitor, who is already recruited by PD (ADB) for SASEC Road Connectivity Project will carry out an independent bi- annual review of the resettlement implementation process as well as the post resettlement completion evaluation for this project also. The main objective of this monitoring will be to measure the extent to which households’ standards of living have been restored or improved. The external monitor will also carry out a final ex-post evaluation to ensure that all RP implementation activities have been completed. Any problems or issues identified are followed-up (including recommendation of mitigation measures and supplementary budget if required); and learning from such issues must be recorded which would help to deal with issues such as these more effectively. A sample Terms of Reference (ToR) for the external monitoring consultant have been included in Appendix 6.
Table 39: Scope of External Monitoring
Independent Conduct a field-based assessment of the implementation of the resettlement plan on Monitor a bi-annual basis: . Conduct sample survey of affected households . Reconciliation of data provided by DOR/CSC resettlement team with field and records verification; . Assess progress of land acquisition and resettlement activities; . Asses Progress vis-à-vis indic tors; . Assess compliance of RP implementation with SPS Interview affected persons to assess their views on the resettlement process; and . Propose corrective/remedial actions. C. Reporting
111. The PIU/CSC resettlement staff will prepare Monthly Progress Report (MPR) highlighting progress, issues, constrains, targets for every month. These reports will closely follow the resettlement monitoring indicators as mentioned above. The Project Directorate (ADB) will review the MPRs and produce a Semi-annual resettlement report. 112. 113. Table provides details on the contents and timing of various progress monitoring reports.
Resettlement Plan for Pakali - Nadaha Road 57 SASEC Road Connectivity Project (SRCP)
Table 40: Reporting Requirements
Type of Report Content Frequency Responsibility Progress on land acquisition and resettlement activities, progress on indicators, results, issues affecting Monthly progress report performance, constraints, variation Monthly PIU/CSC from RP (if any) and reason for the same and corrections recommended Progress on land acquisition and Semi-annual resettlement activities, indicators, Semi- resettlement monitoring and variations if any with DOR/CSC annually report explanation and outcome, recommended corrective actions. Progress on land acquisition and resettlement activities, indicators, variations if any with explanation External monitoring Semi- External Monitor report and outcome, affected person’s annually satisfaction with process, compliance with ADB’s SPS, corrective actions recommended Overall narrative of the land acquisition and resettlement Resettlement completion process, outputs and outcomes of Once External Monitor report indicators from baseline, key variations/changes, lessons learned
Resettlement Plan for Pakali - Nadaha Road 58
Appendixes SASEC Road Connectivity Project (SRCP)
APPENDIX 1: INFORMATION OF THE RIGHT OF WAY & LAND ACQUISITION Pakali-Nadaha Road (part of East West Highway)
Resettlement Plan for Pakali - Nadaha Road 1 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 2 SASEC Road Connectivity Project (SRCP)
APPENDIX 1 B SAMPLE MAP OF THE PAKALI - NADAHA ROAD SECTION
Resettlement Plan for Pakali - Nadaha Road 3 SASEC Road Connectivity Project (SRCP)
APPENDIX 2 A: CALCULATION LOSS OF PERCENTAGE FROM TOTAL LANDS HOLDING
Land Additional owner's Name of the land for S.N father / Land owners No. acquisitio
Total Total Land Land husband VDCs
Loss %Loss
Parcels Parcels
Map NoMap
Holding
Moth No
Pana No.Pana
Category Ward No.Ward n in Sqm Name Shreemati Damber 14 1 Dhanmaya 7858 Bharaul 6 Kha 48 29775.4 220.09 1.3 Female Bdr. Ka Karki Shreemati Damber Female 2 Dhanmaya Bharaul 6 Kha 156 29775.4 711.12 4.15 Bdr. HHs Karki Shreemati 4 3 Shova Ran Bdr. 4923 Bharaul 6 Kha 127 11250 169.3 11.78 Female Ga Majhini 4 Alani Baklauri 4 Kha 1 0 287.81
Guthi 50% 5 Baklauri 4 Kha 2 890 50.79 Sasthan providing 6 Prati Baklauri 4 Kha 3 0 118.51
Alani (But 50% 7 occupy by Baklauri 4 Kha 4 1450 169.3 providing Person) Asha Ram Rajdhani + Sakular 8 26 Baklauri 6 Kha 1169 1245 169.3 13.59 BPL Bal Kumar Rajdhami Rajdhani Asha Ram Rajdhani + Sakular 9 Baklauri 6 Kha 1171 1245 196.39 15.77 BPL Bal Kumar Rajdhami Rajdhani Asanibati 10 Kani Lal 15/1 5024 Baklauri 6 Kha 538 950 67.72 7.12 BPL Rajdhami Damber Bdr. 11 Baklauri 6 Kha 315 1970 63.657 3.23 BPL Karki Upasi Tharuni+Um Uma 12 3/7 1861 Baklauri 6 Kha 314 1675 16.93 1.01 Fe HHs a Lal Lal,batahu Chaudhary Sarlu 13 Baklauri 6 Kha 62 1460 50.79 3.47 Female Rajadhami 14 Alani Baklauri 6 Kha 61 1356 42.325 3.12
15 Alani Baklauri 6 Kha 60 0 50.79
16 Baklauri 6 Kha 20012 1050 50.79 4.83
17 Baklauri 6 Kha 20008 1050 5.6 0.53
Chhedi Lala 18 Baklauri 6 Kha 605 1850 175.9 9.50 BPL Rajadhami 19 Nepal Govt. Baklauri 6 Kha 604 0 330.14
Chhedi lal 20 Baklauri 6 Kha 606 1850 186.23 10.06 BPL Rajadhami Bimala Nar Bdr. 21 8 3842 Baklauri 6 Kha 441 750 84.65 11.28 Fe HHs Pariyar Pariyar Shreemati Krishna Female 22 Shiv Pd. 7 3604 Baklauri 6 Kha 442 950 84.65 8.91 Maya Head Rajdhami Baklaur 23 6 Kha 20009 980 33.86 3.45 i Total 2507.06
Resettlement Plan for Pakali - Nadaha Road 4 SASEC Road Connectivity Project (SRCP)
APPENDIX 2. B: LIST OF AFFECTED STRUCTURES
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
1 Laxmi Pokhrel 0+5 Itahar Na.Pa-19 Kanchi Chowk R 9 2 1 3 2 6 5 1 2 2 2050 4 FHH 2 Ramji Raut 0+10 Itahar Na.Pa-19 Kanchi Chowk R 9 2 1 3 2 6 5 5 2 2 2056 4
3 Nitu Tamang 0+15 Itahar Na.Pa-19 Kanchi Chowk R 9 2 1 3 2 6 5 3 2 2 2058 4 FHH 4 Iswor Poudel 0+25 Itahar Na.Pa-19 Kanchi Chowk R 9 2 1 3 2 6 6 2 2 2 2050 4
5 Mim Pariyar 0+20 Itahar Na.Pa-19 Kanchi Chowk R 1 2 1 4 2 8 4.4 5 1 2 2050 4 BPL Pabi Maya Darji/Bal 6 0+25 Itahar Na.Pa-19 Kanchi Chowk R 1 2 1 4 2 8 5 5 1 2 2050 4 FHH Bdr. 7 Rolu Tamang 0+30 Itahar Na.Pa-19 Kanchi Chowk R 1 2 1 4 2 8 5 5 1 2 2050 4 FHH 8 Bhuneswor Shah 0+030 Itahar Na.Pa-19 Kanchi Chowk R 1 2 2 4 4 32 27.2 5 1 2 2050 4 BPL 9 Kedar Bista 0+040 Itahar Na.Pa-19 Kanchi Chowk R 1 3 2 5 6 60 60 1 1 2 2050 4
10 Shiv Pokhrel 0+045 Itahar Na.Pa-19 Kanchi Chowk R 1 2 2 4 3 24 24 5 1 2 2050 4
11 Mohan Pd. Nepal 0+045 Baklauri-5 Ichaul R 2 1 1 4 3 12 12 4 2 2 2050 4
Bir Karki Bhada Ma 12 0+050 Baklauri-5 Ichaul R 2 1 1 5 3 15 15 1 2 2 2050 4 Kabita Bista 13 Uma+ Anil Shrestha 0+050 Baklauri-5 Ichaul R 2 1 1 2 3 6 6 1 2 2 2050 4 FHH Jagan Singh 14 0+045 Baklauri-5 Ichaul R 2 1 1 2 3 6 6 1 2 2 2050 4 IP Shrestha 15 Ganga Karki 0+055 Baklauri-5 Ichaul R 9 1 1 3 4 12 12 4 2 2 2050 5 FHH 16 Pana Lal Chaudhary 0+060 Baklauri-5 Ichaul R 2 4 1 4 3 12 12 1 2 2 2055 6 IP 17 Gopal Shrestha 0+065 Baklauri-5 Ichaul R 9 1 1 5 4 20 20 1 2 2 2042 4 IP 18 Laxmi B.K 0+065 Baklauri-5 Ichaul R 1 4 1 4 3 12 6 1 3 1 2049 7 FHH Chatra 19 1+375 Baklauri-5 Ichaul R 9 1 1 3 4 12 4 2 3 1 2050 10 IP Limbu(Bhadama) 20 Rajendra Shah 1+360 Baklauri-5 Ichaul R 9 1 1 3 2 6 6 4 2 2 2053 5
21 Jamuna Rai 1+385 Baklauri-5 Ichaul R 9 1 1 3 2 6 6 2 2 2 2053 5 FHH
Resettlement Plan for Pakali - Nadaha Road 5 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
22 Ram Pd. Chaudhary 1+425 Baklauri-5 Ichaul R 2 2 1 4 2 8 8 4 2 1 2048 6 IP/BPL 23 Dukhani Chaudhary 1+420 Baklauri-5 Ichaul R 9 2 1 2 5 10 8 2 3 1 2044 6 FHH 24 Ram Pd. Chaudhary 1+415 Baklauri-5 Ichaul R 9 2 1 3 3 9 5 1 3 1 2040 10 IP Shanker Rauniyar + 25 3+220 Baklauri-3 Baklauri 3 R 2 2 1 4 2 8 8 2 2 2 2068 10 Dhan Shyam 26 Prem Gautam 4+100 Baklauri-3 Baklauri 3 R 2 4 1 3 2 6 6 4 6 2 2054 7
27 Sulochana Rajdhami 4+100 Baklauri-3 Baklauri 3 R 2 4 1 2 2 4 4 2 2 2 2054 10 FHH 28 Shiv Shakti Rajdhami 4+100 Baklauri-3 Baklauri 3 R 1 2 1 1 5 5 3 2 1 1 2044 7 BPL 29 Kulanti Rajdhami 4+100 Baklauri-3 Baklauri 3 R 1 4 1 2 3 6 6 3 2 1 2054 7 FHH 30 Puspa Pyakurel 4+110 Baklauri-3 Baklauri 3 R 1 2 1 3 1 3 5 4 2 1 2069 8 FHH Anita 31 Rajdhami(Pusker 4+100 Baklauri-3 Baklauri 3 R 2 5 1 8 3 24 18 4 2 1 2054 9 FHH Rajdhami) Hem Narayan 32 4+100 Baklauri-6 Sisuwa R 9 2 1 3 4 12 7 1 1 2 2055 3 IP Rajdhami 33 Danmwati Rajdhami 4+100 Baklauri-6 Baklauri 6 R 1 2 1 6 3 18 6 1 1 1 2055 9 FHH Kamal 34 4+445 Baklauri-6 Baklauri 6 R 1 2 1 4 3 12 6 1 1 1 2050 10 BPL Rajdhami/Chhedilal 35 Rakasu Rajdhami 4+450 Baklauri-6 Baklauri 6 R 1 2 2 5 3 30 12 5 1 1 2044 13.5 IP 36 Santoliya Rajdhami 4+450 Baklauri-6 Baklauri 6 R 1 2 1 6 4 24 20 3 1 2 2044 7 FHH 37 Kal Singh Shrestha 4+430 Baklauri-5 Ichol Chowk R 1 4 1 4 3 12 12 1 1 2 2059 4 IP/BPL 38 Birendra Rai 4+420 Baklauri-5 Ichol Chowk R 9 2 1 4 3 12 7.5 1 2 2 2040 12 IP 39 Birendra Rai 4+420 Baklauri-5 Ichol Chowk L 9 2 1 6 3 18 12 1 1 2 2040 12 IP 40 Lal Babu Shah 4+510 Baklauri-5 Ichol Chowk R 2 2 1 3 2 6 6 1 2 2 2059 4
41 Ram pd. Rajdhami 4+520 Baklauri-5 Ichol Chowk R 2 2 2 6 4 48 40 1 3 2 2044 4 IP 42 Bisnu Sunuwar 4+990 Baklauri-5 Ichol Chowk R 2 2 1 5 4 20 20 1 1 2 2049 4 IP 43 Bir Bdr. Sunuwar 5+000 Baklauri-5 Ichol Chowk R 1 2 1 6 3 18 14 5 1 2 2057 4 IP
Resettlement Plan for Pakali - Nadaha Road 6 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
44 Dev Kumar Sunuwar 5+000 Baklauri-5 Ichol Chowk R 1 2 1 5 4 20 8 5 2 1 2057 7 IP Padam Kumar 45 4+900 Baklauri-5 Ichol Chowk R 1 2 1 5 4 20 16 5 1 2 2057 7 IP Sunuwar Shiv Shanker R/ 46 5+020 Baklauri-9 Ichaul 5 1 2 1 8 4 32 25 5 1 2 2057 8 IP Rajdhami/ Munachhe L 47 Tek Bdr. Punuwar 5+050 Baklauri Ichol Chowk 9 R 9 2 1 4 3 12 6 5 2 1 2057 12 IP 48 Bhagat Rajdhami 5+050 Baklauri Ichol Chowk 9 R 1 2 1 4 3 12 8 1 2 1 2050 8 IP Mahamad Kharuk 49 5+060 Baklauri Ichol Chowk 9 R 1 2 1 6 4 24 20 1 3 1 2050 8 BPL Khan 50 Phul Maya B.K 5+140 Baklauri Ichol Chowk 9 R 1 2 1 4 3 12 12 1 1 1 2050 9 FHH Sangita 51 5+145 Baklauri Ichol Chowk 9 R 1 3 1 4 3 12 12 1 1 1 2054 9 FHH B.K/Phampha Sudip 52 7+300 Bharaul-6 Jamkoti R 4 4 1 6 4 24 6 4 1 1 2044 13 IP Chaudhary/Janaklal 53 Jagdish Shah 7+310 Bharaul-6 Jamkoti R 1 4 1 6 5 30 24 1 2 2 2044 5 BPL 54 Anirudh Jha 6+320 Bharaul-9 Baklauri R 1 2 2 3 5 30 40 5 2 2 2044 11
55 Jagat Rajdhami 7+310 Bharaul-6 Baklauri 9 R 1 2 2 4 3 24 24 5 2 2 2044 8 IP 56 Baluwa Sardar 7+300 Bharaul-6 Bharaul 6 R 1 2 1 4 2 8 6 5 2 2 2040 6
57 Manoj Shah 7+350 Bharaul-6 Jamkoti R 9 2 1 4 2 8 6 5 2 1 2054 5
58 Nirmala Shrestha 0+050 Itahar Na.Pa-19 Kanchi Chowk L 2 2 1 4 2 8 4 5 2 1 2069 6 IP 59 Deepak Rai 1+380 Itahar Na.Pa-18 Naya Tole 18 L 9 2 1 4 2 8 6 5 3 1 2044 11 IP 60 Bir Bdr. Rai 1+380 Itahar Na.Pa-18 Naya Tole 18 L 1 2 1 4 3 12 6 5 1 1 2044 12 IP Laxmi Adhikari ,Ram 61 4+100 Baklauri-6 Baklauri 6 L 1 2 1 5 3 15 10 5 2 1 2049 5 FHH Brich Rauniyar 62 Manju Pariyar 4+120 Baklauri-6 Sisuwa 6 L 1 4 1 4 3 12 10 5 3 1 2049 13 FHH 63 Das rath Rajdhami 4+100 Baklauri-6 Sisuwa 6 L 1 4 2 6 4 48 28 5 1 1 2050 7 IP Bisnu Kumar 64 4+050 Baklauri-6 Sisuwa 6 L 1 2 1 3 2 6 6 5 3 1 2054 0.5 IP Rajdhami 65 Nabin,Rabin,Shobin 4+070 Baklauri-6 Sisuwa 6 L 1 2 1 4 3 12 10 5 3 1 2050 0.05 IP
Resettlement Plan for Pakali - Nadaha Road 7 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
Prem Kumari 66 4+185 Baklauri-6 Sisuwa 6 L 1 3 1 3 3 9 4 5 1 1 2050 0.05 IP/BPL Rajdhami 67 Laxman Shah 4+050 Baklauri-6 Sisuwa 6 L 1 2 1 4 3 12 6 5 2 1 2050 0.05
Chandra Kumari 68 4+000 Baklauri-6 Sisuwa L 2 2 1 4 2 8 6 5 2 1 2059 6 IP Rajdhami(Rajesh) 69 Sabitri Rajdhami 4+130 Baklauri-6 Sisuwa L 1 2 1 4 3 12 10 5 1 1 2044 5 IP 70 Bimala Pariyar 4+120 Baklauri-6 Sisuwa L 1 2 1 4 3 12 6 5 1 1 2040 13.5 FHH Bal Kumari Rajdhami 71 4+160 Baklauri-6 Sisuwa L 1 2 2 6 4 42 12 5 1 1 2044 13 IP/FHS + Asharam 6 kha 72 Rabi Chandra Rai Baklauri-6 Sisuwa L 1 4 1 4 2 8 6 5 1 1 2044 5 IP 441 73 Krishna Mandal 4+490 Baklauri-6 Ichaul L 1 4 1 4 2 8 6 5 1 1 2054 7 IP/BPL Ganga Ram 74 5+010 Baklauri-6 Ichaul L 2 4 1 4 3 12 10 5 2 1 2050 5 IP Chaudhary 75 Raju Shrestha 8+030 Baklauri-6 Ichaul L 2 2 1 4 3 12 6 4 2 1 2050 5
76 Karna Dhoj Rai 5+140 Baklauri-6 Ichaul L 1 4 1 4 3 12 10 5 1 1 2054 8 IP 77 Nanda Maya Rai 5+140 Baklauri-6 Ichaul L 1 4 1 3 2 6 6 5 1 1 2050 8 IP 78 Krishna Kumari Rai 6+270 Baklauri-6 Baklauri L 1 5 1 4 3 12 7 5 1 1 2050 10 IP Purno, 79 Khadga Bdr. Limbu 6+265 Baklauri-6 L 1 2 1 4 2 8 6 5 1 1 2050 11 IP Baklauri 80 Ashi Lal Chaudhary 6+320 Baklauri-6 Baklauri L 1 2 1 4 3 12 6 2 1 1 2050 14 IP 81 Uttam Chandra Shah 6+350 Baklauri-6 Jamtoki L 1 2 1 4 3 12 6 4 1 1 2059 5
82 Sanjay Shah 6+300 Baklauri-6 Jamtoki L 2 2 1 4 5 20 14 4 2 1 2049 9
83 Chaitu Chaudhary 6+320 Baklauri-6 Jamtoki L 2 2 1 5 3 15 10 5 2 1 2050 12 IP 84 Bhola Shah 6+310 Baklauri-6 Jamtoki L 2 2 1 3 2 6 6 4 3 1 2054 13
85 Nunu Devi Shah 8+630 Baklauri-6 Bharaul L 2 2 1 6 2 12 6 5 3 1 2044 13
Amid Jag 86 8+645 Baklauri-6 Bharaul 2 2 1 5 3 15 9 5 2 2 2052 12 IP Shah,Manita Thapa 87 Amid Jag 8+630 Baklauri-6 Bharaul L 2 2 1 5 3 15 9 5 2 2 2060 12
Resettlement Plan for Pakali - Nadaha Road 8 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
Shah(Bijaya)
88 Ram Babu Sharma 7+725 Baklauri-6 Bharaul L 9 1 2 2 4 16 8 5 2 1 2059 7
89 Laxmi Pd. Baral 7+650 Baklauri-6 Bharaul L 2 2 2 2 4 16 8 5 2 1 2060 7
90 Yam Laxmi Rausamil 8+240 Baklauri-6 Bharaul L 9 2 1 3 4 12 8 5 6 2 2064 6
91 Suresh Bista 8+660 Bharaul-1 Kalabanzar L 1 5 2 6 3 36 36 2 1 1 2064 8.5
92 Bhola Shah 8+650 Bharaul-1 Kala Bazar R 3 2 1 4 3 12 12 4 3 1 2049 11
93 Sukra Kumar Rai 8+640 Bharaul-1 Kala Bazar R 1 2 1 5 5 25 12 5 2 2 2054 11.5 IP 94 Ashok Kumar Gupta 8+640 Bharaul-1 Kala Bazar L 1 5 2 5 5 50 30 3 2 2 2050 7
95 Subash Basnet 8+660 Bharaul-1 Kala Bazar L 1 5 2 4 2 16 12 2 1,2 1 2070 8.5
96 Ram Pokhrel 8+800 Bharaul-1 Kala Bazar R 3 2 1 7 3 21 12 4 3 1 2050 11
97 Gyanendra Karki 8+800 Bharaul-6 Jamtoki R 1 1 1 4 5 20 2 5 1 1 7
Govinda Pokhrel 98 8+810 Bharaul-1 Kalabanzar R 1 5 1 3 4 12 5 3 2 1 2050 12 (Pabitra Pokhrel) Nirmala Basnet 99 8+820 Bharaul-4 Kalabanzar L 1 3 1 6 4 24 8 3 3 1 2050 115 (Yaduraj Basnet) Ambika Subedi 100 8+830 Bharaul-4 Bharaul 4 L 1 5 1 3 2 6 6 4 2 1 2069 6 Bhada 101 Maheswor Khatiwada 9+055 Bharaul-4 Bharaul 3 R 1 2 1 9 3 27 9 5 1 1 2044 13.5
102 Rudra Pd. Bhattarai 9+900 Bharaul-4 Bharaul 4 R 1 5 1 5 3 15 8 3 1 1 2065 11.5
Shanker Bajgai Benu 103 9+400 Bharaul-3 Bharaul 3 L 1 2 1 6 4 21 6 5 1 1 2050 12 Pd. 104 Hom Bdr. Tamang 9+400 Bharaul-3 Ramailochok L 1 5 1 6 4 24 8 3 3 1 2065 12 IP Purna Maya,Kesar 105 9+860 Bharaul-3 Bharaul 3 L 1 2 1 3 2 6 6 5 1 1 2044 10 BPL Bdr. Bhujel 106 Pahal Man Khadka 9+840 Bharaul-2 Bharaul 2 L 2 2 1 4 3 12 7 5 1 1 2065 7
107 Prahlad Tiwari 9+450 Bharaul -3 Bharaul 3 R 2 2 1 4 3 12 4 5 1 1 2042 12 BPL 108 Damber Lal Rajdhami 9+450 Bharaul 3 Bharaul 3 R 2 2 1 3 4 12 4 5 1 1 2050 6.6 IP
Resettlement Plan for Pakali - Nadaha Road 9 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
10+50 109 Harka Bdr. B.K Bharaul 3 Milan Chowk R 1 4 1 4 3 12 10 5 1 1 2044 12 BPL 0 10+51 FHH/B 110 Kali Maya Rai Bharaul 3 Milan Chowk R 1 2 1 4 3 12 12 5 1 1 2046 12 0 PL 10+54 111 Laxman Khadka Bharaul 3 Milan Chowk L 2 2 1 2 2 4 2 5 2 1 2050 8 0 10+54 112 Lomendra Khadka Bharaul 3 Milan Chowk L 2 2 1 2 2 4 2 5 2 1 2064 8 0 10+56 113 Bhim Bdr. Basnet Bharaul 3 Milan Chowk R 2 2 1 3 3 9 4 5 2 1 2044 8 0 10+55 114 Sobit Man Thapa Bharaul 3 Milan Chowk R 2 2 1 3 3 9 6 5 2 2 2060 4 IP 0 10+52 115 Lila Karki Bharaul 3 Milan Chowk R 1 2 1 3 2 6 6 5 1 1 2069 7 FHH 0 10+55 116 Gopal Khadka Bharaul 3 Bharaul 3 L 1 2 1 4 2 8 6 5 1 1 2064 7 0 10+56 117 Kamal Bdr. Poudel Bharaul 3 Bharaul 3 L 1 2 1 4 3 12 6 5 1 1 2069 7 0 Keshav Niraula 10+63 118 Bharaul 3 Bharaul 3 L 2 2 1 3 2 6 6 5 1 1 2050 7 BPL (Lalita Niraula) 5 Lok Bdr. Poudel 11+06 119 Bharaul-3 Milan Chowk L 2 2 1 4 2 8 4 5 1 1 2055 11 (Ganga Poudel) 0 11+19 120 Rohit Tamang Bharaul-3 Nadaha L 2 2 1 4 3 12 4 5 1 1 2044 13 IP 0 11+38 121 Maheswor Limbu Bharaul-3 Nadaha R 2 2 1 4 2 8 4 5 1 1 2050 8 IP 8 Deepak Raj Giri 11+38 122 Bharaul-3 Nadaha L 2 2 1 5 2 10 6 5 1 1 2050 13 (Krishna Lal Giri) 0 11+39 123 Dilli Ram Poudel Bharaul-3 Nadaha L 1 2 1 4 5 20 6 5 1 1 2050 13 0 11+50 124 Khimtung Rai Bharaul-3 Nadaha R 1 2 1 5 2 10 3 4 1 1 2045 7 IP 0 Ganga Karki (Amal 11+49 125 Bharaul-3 Nadaha L 2 2 1 4 4 16 4 2 3 1 2050 13 Karki) 0 11+54 126 Rud Dahal Bharaul-3 Nadaha R 4 1 1 5 4 20 2 5 4 1 2069 9 0 127 Chaturbhuj Batarapali 11+58 Bharaul-3 Nadaha L 1 3 1 4 2 8 3 7 1 1 2050 8
Resettlement Plan for Pakali - Nadaha Road 10 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
0 11+65 128 Shambhu Bhujel Bharaul-3 Nadaha L 1 2 1 4 3 12 3 5 1 1 2054 12 BPL 0 11+66 129 Suk Bdr. Rai Bharaul-3 Nadaha L 2 2 1 3 3 9 5 5 1 1 2044 12 IP 0 11+66 130 Hem Kumari Rai Bharaul-3 Nadaha L 1 2 1 4 2 8 6 5 1 1 2044 6.5 IP 0 11+66 131 Hem Kumari Rai Bharaul-3 Nadaha L 4 2 1 4 2 8 5 5 6 1 2044 6 IP 0 11+72 132 Maha Bir Limbu Bharaul-3 Nadaha L 2 2 1 8 6 48 7 5 1 1 2050 11 IP 5 11+76 133 Goma Kumari Basnet Bharaul-3 Nadaha R 1 2 1 7 4 28 16 4 3 1 2040 13 0 11+80 134 Khum Bdr. Karki Bharaul-3 Nadaha R 4 2 1 6 4 24 6 5 1 1 2050 12.5 0 11+82 135 Nar Bdr. Basnet Bharaul-3 Nadaha L 1 2 1 5 4 20 7 5 3 1 2052 12.5 0 11+90 136 Bal Ram Limbu Bharaul-3 Nadaha R 1 2 1 3 5 15 7 1 1 1 2050 11.5 IP 0 11+89 137 Deu Kumar Rai Bharaul-3 Nadaha R 1 2 1 6 4 24 9 1 1 1 2050 13 IP 0 Binaya 11+88 138 Shrestha(Krishna Bharaul-3 Nadaha R 1 2 1 6 3 18 9 1 1 1 2042 8 IP 0 Kumar Rai) 11+88 139 Karna Bdr. Bista Bharaul-3 Nadaha R 1 2 1 7 5 35 15 3 1 1 2053 7.5 0 Ambika Khadka/ 11+80 140 Baklauri-4 Bharaul 1 R 9 2 1 4 4 16 10 1 1 1 2055 8 FHH Gyanendra Karki 0 11+70 141 Ambika Rajdhami Baklauri Baklauri 6 R 1 4 1 4 3 12 6 1 1 1 2050 10 FHH 0 142 Bhagabat Choudhary 1+150 Ithari-18 Naya Tole 18 R 2 2 1 4 3 12 4 4 2 1 2054 11 IP Yadu Nanda 11+05 143 Bharaul-3 Bharaul 3 R 4 4 1 3 2 6 6 4 4 2 2050 8 Khatiwada 0 11+74 144 Harka Bdr. Subedi Bharaul-3 Bharaul R 2 2 1 4 2 8 6 1 1 1 2054 7.5 0 145 Gyan Maya Basnet 11+67 Bharaul-3 Nadaha R 4 4 1 5 2 10 6 4 5 2 2064 10 FHH
Resettlement Plan for Pakali - Nadaha Road 11 SASEC Road Connectivity Project (SRCP)
Total Area of structure S. House Owner Chain Municipality/V Address
Site
N. Name age DC Sqm
Flat No No Flat of Year
Affected Affected
Situation Situation
Remarks/
Roof types Roof Categories
Wall Types Wall Types
present Use Use present
Construction Construction
L(m) L(m)
Sqm Sqm
B(m) B(m)
Total Total
Structures Type Type Structures
Affected Area in in AreaAffected
Area in in Area
Distance from CL CL from Distance
0 11+80 146 Chin Maya katwal Bharaul-3 Bharaul R 2 4 1 5 3 15 6 5 6 2 2067 7 FHH 0 11+56 147 Buddi Man Karki Bharaul-3 Bharaul R 4 4 1 4 3 12 7 3 5 2 2065 11.5 0 11+87 148 Sushma karki Bharaul-3 Nadaha R 2 2 2 4 3 24 16 4 2 2 2058 12 FHH 0 Tej narayan 149 1+400 Ithari-18 Naya Tole 18 R 2 4 1 4 4 16 8 3 2 2 2044 10 IP Chaudhary 11+30 150 Harka Bdr. Khadka Bharaul-3 Bharaul R 2 4 2 5 3 30 14 4 2 2 2045 8 0 11+70 151 Harka Bdr Rai Bharaul-3 Nadaha R 2 4 2 4 4 32 10 2 2 1 2044 12 IP 0 144 Total 6 Note
IP= Indigenous People, BPL= Below Poverty Level, FHH= Female Headed Household
Types of structure:1- Residental, 2-Commercial, 3- Community , 4- Shed, 5- toilet, 6- wall, 7- Empty House/ hut, 8- Kitchen, 9-Community res, 10- Temple, 11- Waiting shed ,12- Public tap,13- Well/ tubewall,14- Gate, 16- Different status& Park, 1&2 – Res+ Commercial, 4& 6- Wall& gate etc Roof Type : 1- Slate 2- ZinK sheet, 3-RRC Dhalan, 4- Straw, 6- Tripal Wall Type: 1-Stone & mud mortar plaster by Mud, 2- Stone & mud mortar plaster by Cement, 3-Stone and cement mortar by cement plaster, 4- Bricks & cement mortar by cement plaster, 5- Bamboo& wood, 6- Zink sheet, 7-stone , mud, wood and Zink sheet , 8- Zink sheet & wood, 9- Block , 10-Stone cement, and metal pipe mix Use: 1-Self settlement, 2 -Commercial, 3- Res+ Commercial, 4- Rented , 5- under construction, 6-Empty house, 7- common uses, 8- etc
Affected Situation: 2 Fully, 1- Partially
APPENDIX 2 D LIST OF AFFECTED CROPS
Resettlement Plan for Pakali - Nadaha Road 12 SASEC Road Connectivity Project (SRCP)
Production at Affected areas Average Ward Land Owner Name of Total Estimated S.N VDC affected plots production in Price Per Remarks No Name Crops Cost (In Kg.) Kg Kg Shreemati 1 Bharaul 6 Rice 19700 850 45 38250 Dhanamaya Karki Shree mati 2 Bharaul 6 Rice 12500 650 45 29250 Shobha Mjhani Total 32200 1500 67,500.00
APPENDIX 3: LIST OF COMMUNITY STRUCTURES
Total Area of Distance Structure No of Structure from S.N House Owner Name Chainage Address R/L Remarks Type Story Center L(M) B(M) Sqm Line Ithari-19, Dispute for 1 Police Building 0+25 Building 0 0 0 0 R 0 Kanchichok Alignment stare front place of Ithari -19, Dispute for 2 0+20 Temple 0 0 0 0 R 0 temple Kanchichok alignment Chautara/waiting Ithari -19, Waiting 3 0+90 0 0 0 0 R 0 place Small Kanchichok place stare front Place of Bharaul-6, 4 6+320 Temple 3 2 2 12 L 8 Shiva temple Jamkoti Passang Lamu Public Bhaural-1, 5 8+500 Status 0 0 0 0 C 0 Road Centre figure Personal status Kalabanzar Chautara/waiting Bhaural-1, Waiting 6 8+450 0 0 0 0 R 0 place Small Kalabanzar place Laxmi Prasad Bhaural-3 & 4, 7 Devekota's public 9+090 Status 0 0 0 0 C 0 Road Centre Kalabanzar figure personal Status Note: Police post and Temple area's community members demanded shifting the road alignment. R= Right site, L= Left site, C= Centerline.
Resettlement Plan for Pakali - Nadaha Road 13 SASEC Road Connectivity Project (SRCP)
APPENDIX 4: LAND AND STRUCTURE VALUATION METHODOLOGY Commented [EF71]: Please indicate whether there are any available market rate
Comparative Cost Analysis for affected land of Pakali- Nadaha Sub- Project
Public consultation and government rate of the affected areas
Land rate received Government Rate SN Place of consultation from Consultation (NRs) Sqm (NRs.) Sqm
1 Kalabanzar/Bharaul 4500 2515 2 Sisuwa/ Baklauri 4100 2960 3 Nadaha/ Bharaul 4000 2960 Average Cost per Sqm 4200 2815 Proposed estimated cost per Sq m of land 3900.00 In NRs Note: Government rate determined by A Land Revenue Office (LRO) of the project road districts 2072/73
Resettlement Plan for Pakali - Nadaha Road 14 SASEC Road Connectivity Project (SRCP)
Cost estimation of Land
Resettlement Plan for Pakali - Nadaha Road 15 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 16 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 17 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 18 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 19 SASEC Road Connectivity Project (SRCP)
Comparative Cost Analysis for affected structures of Pakali- Nadaha Sub- Project
Rate received from Government Rate SN Place of consultation Consultation (NRs.) (NRs) 1 Pakali 8950 2 Nayatoe 8638 3 Sisuwa 8650 8250 4 Kaabanzar 8880 5 Nadaha 8950 Total cost 44068 Proposed estimated Average Cost per Sqm 8550
Market rate per Sm. 8450
Resettlement Plan for Pakali - Nadaha Road 20 SASEC Road Connectivity Project (SRCP)
Cost Estimation of Structures
Resettlement Plan for Pakali - Nadaha Road 21 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 22 SASEC Road Connectivity Project (SRCP)
Resettlement Plan for Pakali - Nadaha Road 23 SASEC Road Connectivity Project (SRCP)
APPENDIX 5: TERMS OF REFERENCE FOR SOCIAL SAFEGUARD CONSULTANT
A. Social Safeguard (1 national experts, 18 person-months)
1. The Consultant will assist the Project Executing Agencies (PEAs) in implementing resettlement plans (RPs) and other social mitigation plans of transport projects in Nepal. The Consultant will:
(i) Assist the PEAs and Chief District Officer for land acquisition.
(ii) Develop resettlement and rehabilitation (R&R) information campaigns and community participation.
(iii) Assist the Project Affected Persons (APs), especially from indigenous people, vulnerable groups, in resettlement and rehabilitation, including redressing grievances, and coordination with local authorities and other relevant institutions.
(iv) Calculate detailed costs of all land acquisition, income restoration and resettlement components.
(v) Update the database of APs and their entitlements for implementation and monitoring purposes.
(vi) Monitor and evaluate progress and achievement of resettlement objectives.
(vii) Conduct a needs assessment of livelihood training options among vulnerable households and implement the livelihood training program.
2. The administrative responsibilities of the Consultant will include:
(i) Working in co-ordination with the dedicated Resettlement Officer (RO) and Executive Engineers in the respective Divisional level Implementation Cells.
(ii) The Consultant shall help to promote good working relationships between the APs and the PEAS, particularly the RO. This will be achieved through regular meetings with both the RO and the APs. Meetings with the RO will be held at least fortnightly, and meetings with the APs will be held monthly, during the entire duration of the assignment. All meetings and decisions taken shall be documented by the consultant.
(iii) Preparing monthly action plans with targets in consultation with the RO.
(iv) Assisting the RO in carrying out the implementation of the RPs.
(v) Updating the database of APs and their entitlements.
(vi) In consultation with the APs, preparing micro-level plans indicating the categories of entitlement, alternative livelihood options, and relevant institutions for obtaining additional training and support. Women's
Resettlement Plan for Pakali - Nadaha Road 24 SASEC Road Connectivity Project (SRCP)
perceptions are important to be incorporated in the development of these plans.
(vii) Reporting to the RO on a monthly and quarterly basis. The report should include physical and financial progress, both in quantitative and qualitative terms. The report should prominently feature the problems and issues addressed and tackled with the APs and the solutions found. The report should have a separate chapter on women's issues, their problems and what has been done (within the framework of the RP) to ensure their participation in decision- making as well as the options made available to them to access economic opportunities, marketing and credit. The report should clearly indicate the number of field visits made by the Consultant staff and the outcome of consultations with people.
3. Identification of APs and verification of database from RPs:
(i) The Consultant shall establish rapport with PAPs, consult with and provide information to them about the respective entitlements as proposed under the RPs, and distribute identity cards to the eligible APs. The identity card should include a photograph of the PAP, the extent of loss suffered due to the Project, and the choice of the PAP with regard to the mode of compensation and assistance.
(ii) During the identification and verification of the eligible APs from RPs, the Consultant shall ensure that each of the APs are contacted and consulted either in groups or individually. The Consultant shall ensure consultation with women from the PAP families especially from women headed households.
(iii) Participatory methods should be adopted in assessing the needs of the APs, especially with regard to the vulnerable groups of APs. The methods of contact may include village level meetings, gender participation through group’s interactions, and individual meetings and interactions.
(iv) The Consultant shall verify the information already contained in the RPs and make suitable changes if required. Verification shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RO. The Consultant shall display the list of eligible APs in prominent public places like villages, local administrative offices, schools, and the District Headquarters.
4. Counseling the entitled persons:
(i) The Consultant shall explain to the APs the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their removal, the timeframe for their removal and their entitlements.
Resettlement Plan for Pakali - Nadaha Road 25 SASEC Road Connectivity Project (SRCP)
(ii) The Consultant shall disseminate information to the APs on the possible consequences of the Project on the communities' livelihood systems and the alternatives available to them.
5. For disbursing the Resettlement Assistance:
(i) The Consultant shall assist the PEAS in ensuring a smooth transition (during the part or full relocation of the APs), helping the APs to take salvaged materials and shift. In close consultation with the APs, the Consultant shall inform the RO about the shifting dates agreed with the APs in writing and the arrangements desired by the APs with respect to their entitlements.
(ii) The Consultant shall assist the APs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to.
(iii) The Consultant shall ensure proper utilization of the R&R budget available for the package.
(iv) The Consultant shall ensure that economic investment options be available to APs to restore their losses of land and other productive assets. The Consultant shall advise the RO to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the PEAS on the level of transparency achieved in the project.
6. Accompanying and Representing the APs at the Grievance Committee Meetings
(i) The Consultant shall nominate a suitable staff member to be a member of the Grievance Redress Committees (GRCs) for the respective contract packages.
(ii) The Consultant shall help the APs in filling the grievance application and in clearing their doubts about the required procedures.
(iii) The Consultant shall record the grievance and bring it to the notice of the GRCs within seven days of receipt of the grievance from the APs. It shall submit a draft resolution with respect to the particular grievance of the PAP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the Consultant representative in the GRC.
(iv) The Consultant shall accompany the APs to the GRC meeting on the decided date, help the AP to express his/her grievance in a formal manner if requested by the GRC and again inform the APs of the decisions taken by the GRC within 7 days of receiving a decision from the GRC. (The time frame for the GRC to take a decision is 15 days).
7. Assisting eligible APs to take advantage of the existing Government Housing and Employment Schemes, if available.
(i) Establish linkages with the district administration to ensure that the APs are benefited from the schemes available and those they are entitled to. The
Resettlement Plan for Pakali - Nadaha Road 26 SASEC Road Connectivity Project (SRCP)
focus for this component of the Consultant work shall be the vulnerable APs for their income restoration. The Consultant shall maintain a detailed record of such facilitation.
(ii) Identify, design and conduct training programmes on alternative methods of livelihood restoration using local skills and resources.
8. Inter-Agency Linkages for Income Restoration and other R&R Services
(i) The Consultant shall be responsible for establishing linkages with financial institutions to assist the APs to access credit, if possible.
(ii) Training institutes to impart skills and management training for enterprise creation and development.
(iii) Coordinate with the PEAS field level officers to facilitate consultation on rehabilitation of borrow areas.
9. Recommending Improvement of R&R Services
(i) Recommend and suggest techniques and methods for improvement of services extended by the concerned government departments and other agencies and committees in disbursement/extension of R&R services in the Project.
(ii) Discuss, with the PEAS on contingency management and other improvement of R&R services, within the Project period.
Resettlement Plan for Pakali - Nadaha Road 27 SASEC Road Connectivity Project (SRCP)
APPENDIX 6: TERMS OF REFERENCE FOR THE EXTERNAL MONITOR
1. The external monitor will conduct a bi-annual assessment of the resettlement plan process, performance, outputs and outcomes and its compliance with ADB’s SPS. The key tasks to be conducted for this purpose are the following:
A. Key tasks
a. Data verification:
. Verification of the internal monitoring data from the implementation Supervision Co sulta t SC ’s resettle e t tea a d DOR project i ple e tatio u it PIU
. Verification of the baseline monitoring data
. Verification of the data/official documentation from the Deputy Commissioners offices (CDO) and land revenue offices.
. Verification of Compensation Determination Committee (CDC) pricing methods
. Direct verification with affected persons – of compensations and/or resettlement assistance received
b. Assessment of RP process:
. Assessment of performance of internal monitoring system
. Assessment of the performance of the RP implementation team
. Assessment of performance of Grievance Redress Mechanism (GRM) or other complaint resolution system set up by the project
. Assessment of information disclose and consultation process
. Assessment of implementation of Income and Livelihood Training Program
. Assess e t of RP i ple e tatio co plia ce with ADB’s Safeguards Policy State e t
. Provide recommendations and corrective actions if necessary
c. Assessment of RP performance
. Setting up parallel, sample baseline and monitoring system for post-project RP impact verification
. Conduct satisfaction survey of the resettlement process
. Assess whether RP and livelihood training objectives have been met; especially whether livelihoods and living standards have been restored or enhanced;
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. Evaluation of change in living standards pre/after resettlement process: assess whether the resettlement entitlements were appropriate in meeting the objectives, and whether the objectives were suited to AP conditions.
. Provide recommendations and corrective actions if necessary
. Compiling of lessons-learned and best practices of RP design and implementation for future resettlement plans
B. Methodology
2. The external monitor will identify and select a set of appropriate process, output and outcome indicators and gather information on them to substantiate its assessment. This exercise will require formal and informal surveys, field level verification and consultation with affected persons. A combination of the following quantitative and qualitative methods should be used:
. Sample Affected Household Survey: a sample baseline of affected household survey (at least 20%) and representative (of different categories such as titled and non-titled, vulnerable, etc.) will be gathered to obtain information on the key indicators of entitlement delivery, efficiency, effectiveness, impact and sustainability;
. Focus Group Discussion (FGD): Consultation with a range of stakeholder groups (local Government, resettlement field staff, community leaders and APs including women and vulnerable groups);
. Key Informant Interviews: Consultation with individuals like local leaders, village workers or persons with special knowledge or experience about resettlement activities and implementation;
. Public Consultation Meetings: Public consultation meetings at resettlement sites to elicit information about performance of various resettlement activities;
. Structured Direct Observations: Field observations on status of resettlement implementation, plus individual or group interviews for crosschecking purposes;
. Informal Surveys/Interviews: Informal surveys of APs, host village, workers, resettlement staff, and implementing agency personnel using non-sampled methods; and
. In the case of special issues, in-depth case studies of APs and host populations from various social classes will be undertaken to assess impact of resettlement.
C. Outputs
. 2 independent review reports per year: to be developed for each year of the RP implementation. The reports should include (i) assessment of the RP implementation
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process process a d output/outco e i dicators ; ii co plia ce status with ADB’s SPS; (iii) Corrective action plans and recommendations. These reports will be submitted to the project director (DoR project implementation unit) and ADB simultaneously.
. Post-Completion RP Evaluation Report: to be conducted within 6 months of the completion of the RP implementation process. This should include: (i) overall assessment of RP implementation process; (ii) assessment of RP outcomes; (iii) implementation of corrective action plans; (iv) lessons-learned and best practices. This report will be submitted to the project director (DOR project implementation unit) and ADB simultaneously.
D. Institutional Arrangements
3. The external monitor will be recruited by DoR. DoR’s project implementation unit and in particular its project director, will facilitate access to the internal monitoring system, the SC resettlement team and affected persons and will serve as liaison for data to be checked with the Deputy Commissioners’ offices in the districts concerned by the project.
E. Qualifications, Experience and Inputs of Experts and Staff (National)
4. The external monitor agency should have at least master degree in sociology, anthropology or other social development studies, and at least 9 years’ experience in resettlement activities in Nepal. They should have experience in resettlement activities for project financed by multi-lateral development banks, such as the Asian Development Bank (ADB) or the World Bank (WB). He or she should be proficient in English and have good writing skills.
APPENDIX 7: PUBLIC CONSULTATION
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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SASEC Road Connectivity Project (SRCP)
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Appendix: 8 Photograph of the Private Structures and Public Consultation
Discussion with local people about road safety at Kanchichok, Inventory of Loss Assessment of the Bhaural -3 Ithari-19,
Discussion about site clearance at Milan Chok Bharawal Verification of private structures at Bakaulari of Kalabanjar
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Discussion with Local People, at Bhaural -6 Sunsari Affected structures of Kalabnzar Chok
O +000 Chanage of Kanchichok Ithari-19 Information of Right of the Way (RoW) at Baklauri, of Sisuwa Chok
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Field verification of Kalanbanzar near School areas Consultation at Bakaurauli -3, with cadastral survey team
Semi movable structures at Kalabanzar Chok Mobile structure of the Corridor of Impact
Affected Pakali – Nadaha Extended part Affected structure at Kalabanzar areas
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Parcelly affected temple at 0+020 near police post Affected Statue of Pasang Lamusharmpa of Bhakaurali -8 Kabanzar chok at Ch.7+030
Discussion with Mix group of Kanchi Chok -19 Pakali Discussion with local people at Policepost of Kanchi chok
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Highway joining place of Kanchi chok Verification of the Right of Way of Pakali- Nadaha Road Section
O kilo structures of Kanchi choks of Ithari -19, Sunsari Nadaha of last point of road
Temple of the Bhaural -6, Jamkathi Discussion with local people about clearance of right of way at Bharaul -6, Jamkathi
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Affected structures of Ghoma Basnet of Extended Part, Affected structures of Mahabir Limbu Bhaural -3, Bhaural-3, Nadaha at Ch. 11+760 Nadaha at Ch. 11+725
Affected structure of Purna Maya, Bhaural -3 Nadaha at Affected semi movable Hut structure of Pahalman Ch. 9+830. Khadka, Bharaul -2, Nadaha, Sunsarii at Ch.9+840
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Affected Residential structure Gyanendra Karki , Bhaural - Affected commercial structure of Ram Pokheral , Bhaural 1, Kalabanzer bazar , Sunsari at Ch8+800 -1, Kalabanzer bazar , Sunsari at Ch8+800
Affected structure of., Subash Basnet, Bhaural -4, Affected House of Suresh Bistha, Bhaural -4, Kalabanzar Kalabanzar at Ch 8+660 at Ch 8+660
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Inventory of Loss Assessment of Ashok Kumar Gupta, Affected structure of Lila Karki Bharaul -3, Milan Chok, Bhaural - 4 Kalabanzar at Ch.8+640. at Ch.10+520
Hom Bdr Tamang Extended part only Bhaural -3, Milan Affected structures of the Kedar Bistha, Ihari -19, Kanchi Bazar chok at 0+75
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Ambika Subedi Bhaural -4, Kalabanzar ch 8+830 Nirmala Basnet Bhaural -4, Kalabanzar ch 8+820
A empty structure of Laxman Sah Baklauri-6, Sisuwa CH Affected structures of Bimala Pariyar Bakaulari-6, Sisuwa 4+050 at Ch 4+140
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