Land Acquisition, Involuntary Resettlement and Indigenous Peoples Due Diligence Report Document Stage: Draft for consultation Project Number: 35173-015 January 2021 Nepal: Urban Water Supply and Sanitation (Sector) Project – Dadhikot Urban Water Supply and Sanitation Project, Suryabinayak Municipality, Bhaktapur (PART B) Package Number: W-20 Prepared by the Ministry of Water Supply, Government of Nepal for the Asian Development Bank. This draft land acquisition and involuntary resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Appendix-8, B Phone no.: 01-6631215 Suryabinayak Municipality 4 No. Ward Office, Dadhikot Bhaktapur, Bagmati Province, Nepal Letter No.: Dispatched No.: 421 Date: 24thSeptember 2020 (2077/06/08) To whom it may concern Subject: Regarding Users Committee Continuation In reference to the above subject, Dadhikot Brihat Water Supply and Sanitation Main Users Committee that registered in Office of District Water Resource Committee, Bhaktapur, registration no.2150 (registration date: 15th July 2015 / 2072-03-30) is providing water supply in the then Dadhikot VDC, ward no.3, 6, 7, 8, 9. Now after restructuring of the state along with formulation of the Constitution of Nepal, water supply matter is under sole rights of the local government. In this regard, Suryabinayak Municipality is in the process of making clear law, policy, rule and structures. Till date, the Dadhikot Brihat Water Supply and Sanitation Main Users Committee has been performing annual audit and other requirements, so that, on the basis of request letter of Mr. Anil Kumar Shrestha, Chairperson, it is recommended with certification that the Committee is continued up to fiscal year 2019/2020 (2076/077)10. (Signed and stamped) ……………………….. Uttam Thapa Ward Chairperson (WUSC will be continued as per GoN Rules and Regulations) 10 83 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Appendix-8, C Annex-6 (Under rule 14) 6614826- Local Development Officer 6612241-Office Government of Nepal Ministry of Federal Affair and Local Development Office of District Development Office Bhaktapur Registration Date: 15th July 2015 (2072/03/30) Certificate No.: 91 Resource Utilization Certificate Shri DadhikotBrihat Water Supply and Sanitation Committee Anantalingeshwor Municipality, Ward No. 11, Dadhikot, Bhaktapur. Sir, This certificate has been granted to use following water resource. 1. Authorized person and address: Dadhikot Brihat Water Supply and Sanitation Committee, Anantalingeshwor Municipality, Ward No. 11 2. Objective of resource utilization: Distribution of water supply to local users 3. Area of resource utilization: 4. Volume of Water: 5. Time to start of work for resource utilization: 6. Duration of Certificate validation: 7. Conditions for certificate receiver: A. Work should be done avoiding any disturbance to existing users B. Work should be done avoiding any disturbance and effect to other users Signature of Authorized Officer: Name: Kamala Ghimire Designation: Planning, Monitoring and Administrative Officer Date: 26th July 2015 (2072/04/10) Office: District Development Office (This certificate will be replaced with an updated certificate as mentioned in next step of this DDR) 84 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 APPENDIX-9 Commitment letter of land availability for Office Building 85 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 86 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 87 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Appendix-9, A DadhikotBrihat Water Supply and Sanitation Committee 2070 Suryabinayak Municipality-4, Gamcha, Bhaktapur Letter No.: 2077/078 Reference No.: 15 Date: 12th November 2020 (2077/07/27 BS) Urban Water Supply and Sanitation Project, Department of Water Supply and Sewerage, Panipokhari, Kathmandu, Nepal. Subject: Re-commitment to provide land for the construction of the committee's office building In reference to the above subject; it is known that the Dadhikot Water Supply and Sanitation Committee is going to implement the urban water supply project under that office. In the same context, in the letter sent earlier on August 14, 2020 (2077/04/30 BS), while implementing this project, it is informed that the committee has not been able to get the land so far as it has promised to provide land for the purpose of constructing the office building. We would also like to inform that the search for land has been continued at a fast pace. In addition, we had earlier agreed to coordinate with the Municipality for the construction of deep boring and water tanks, other than in the name of this committee. Accordingly, for the construction of the office building, the land will be insufficient due to the road standards in the place where the office is located and it is still necessary to construct the office building in a place that is suitable for all and in terms of long-term importance and use. Therefore, before proceeding with the work as per the contract of the above Dadhiko Water Supply and Sanitation Project, I re-commit to identify and provide suitable land for the construction of the new office building of the committee. Due to this, I request you to start the necessary process keeping in mind that there will be no delay or obstruction in any work of the project. (Sign) ----------------------- Anil Kumar Shrestha (Chairperson) 88 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Appendix-9, B Dadhikot Brihat Water Supply and Sanitation Committee 2070 Suryabinayak Municipality-4, Gamcha, Bhaktapur Letter No.: 1/2077/078 Reference No.: 7 Date: 14th August 2020 (2077/04/30) Shri Urban Water Supply and Sanitation Project, Department of Water Supply and Sewerage, Panipokhari, Kathmandu, Nepal. Subject: Commitment of land availability for Office Building In reference to the above subject; in the context of preparation of detail study report for implementation of urban water supply project under Dadhikot Brihat Water Supply and Sanitation Committee, it is required to provide the land for construction of new Office Building. In this regard, now appropriate land and required area is not identified so that, in coordination with concern Ward Office and Municipality, it has made commitment to provide the land for construction of Committee's Office Building as soon as possible. It is requested to take necessary further action. CC.: 1. BDA P. Ltd., Osho Bhawan, Kamaladi, Kathmandu. (Sign and stamp) ----------------------- Anil Kumar Shrestha (Chairperson) 89 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 APPENDIX-10 Consent of Community Forest Users Group for Pipeline Works 90 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 91 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Anantalingeshwor Community Forest User Group Dadhikot-4, Bhaktapur Letter No.: 077/78 Reference No.: 83 Date: 13th November 2020 (2077/07/28 BS) Urban Water Supply and Sanitation Sector Project, Department of Water Supply and Sewerage Management, Kamaladi, Kathmandu. Subject: Consent on pipeline works in the Community Forest Regarding the above mentioned subject matter pertaining to the Dadhikot Urban Water Supply and Sanitation Project which is going to be implemented in Ward No. 1 and 4 of Suryabinayak Municipality, as the pipe line up to the water reservoir tank, and distribution pipeline from the tank was present within the community forest beforehand also, this user committee provides its consent for the new pipeline works to be carried out under this project without causing damage to the vegetation. (Signed & stamped) ………………….. Chairperson Pabita Shrestha 92 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 APPENDIX-11 Schematic Diagrams 93 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 94 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 95 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 96 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 97 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 98 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 APPENDIX-12 Minute of Meetings 99 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 100 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 101 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 102 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 103 DDR of Dadhikot UWSSP BDA - JPZ- UDAYA Consultants (P) Ltd., January 2021 Appendix: 12-A English Translation: A meeting has been held on 12 November, 2020 (2077/07/27 BS) as per the survey and design, under the project to be constructed with the support of the Urban Water Supply and Sanitation Project. Deep boring in the former Dadhikot VDC, Ward No. 7 and 8 and now in Suryabinayak Municipality Ward No. 4, Dakshinbarahi Temple area, Garinagar Tole, Chankhuphant (now Amarnagar Tole) and Sankhadhar School areas are in close proximity to each other. A meeting was held in the presence of the people mentioned in the details living around the boring and the agendas as per the details were discussed and decisions were made according to the details. Attendances: S.N.