Resettlement Planning Document Resettlement Plan Grant Number: 0093 July 2010 Nepal: Rural Reconstruction and Rehabilitation Sector Development Project Dovilla-Phalebas Road Sub-Project, Kushma,Parbat (From Chaniage 0+000 to 15+955) Prepared by the Government of Nepal for the Asian Development Bank. This resettlement 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. 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. Government of Nepal Ministry of Local Development Department of Local Infrastructure Development and Agricultural Roads (DoLIDAR) District Development Committee District Project Office Kushma, Parbat Rural Reconstruction and Rehabilitation Sector Development Program (RRRSDP) Short Resettlement Plan of Dovilla- Phalebas Road Sub-project (From chaniage 0+000 to 15+955) July 2010 ABBREVIATION ADB Asian Development Bank APs Affected People CDC Compensation Determination Committee CDO Chief District Officer CISC Central Implementation Support Consultant DDC District Development Committee DIST District Implementation Support Team DPCC District Project Coordination Committee DoLIDAR Department of Local Infrastructure Development and Agricultural Roads DPO District Project Office DTO District Technical Office EA Executive Agency IA Implementing Agency GoN Government of Nepal GRC Grievance Redress Committee HHN Household Number MoU Memorandum of Understanding NGO Non-Governmental Organization NRs Nepali Rupees PAF Project Affected Families PAP Project Affected Person PC Project Coordinator PCU Project Coordination Unit PM Project Manager RF Resettlement Framework RoW Right of Way RP Resettlement Plan RRRSDP Rural Reconstruction and Rehabilitation Sector Development Program SPAF Severely Project Affected Families VDC Village Development Committee VG Vulnérable Group VICCC Village Infrastructure Construction Coordination Committee GRSC Grievance Redress Sub-Committee Table Of Contents 1. Introduction333333333333333333 1 2. Scope of Land Ac5uisition333333333333 132 3. Socio-Economic Information of Affected Person........... 33.7 7. Applicable and Party ,ramework3333333333 83..9 8. Definition, Objective, Policies and Entitlement ,or the Project3 9311 9. Community Consultation, Participation and Disclosure3333 12..13 7. Grievance Readers Mechanism33333333333333 13317 8. Implementation A reement333333333333333 17 9. Compensation and Income Restoration3333333333 18317 10. Resettlement Bud et and ,inancin Plan3333333333 17319 11. Monitorin and Evaluation333333333333333 20321 List of Tables Table 1: Summary of Impacts Table 2: Socio-Economic Analysis of Affected Households Table 3: Entitlement Policy Matrix Table 7: Deed Transfer Action Plan Table 8: Livelihood Enhancement Skill Trainin s (LESTA for Affected HHs Table 9: Comparative Price of the Land alon the Ali nment Table 7: Summary of Cost of RP Table 8: Implementation Schedule Table 9: Monitorin and Evaluation Indicators List of Appendix Appendix 1: List of Affected HHs by type of Loss of Land Appendix 2: Poverty Level Analysis of APs Appendix 3: List of Affected HHs by type of Loss (StructuresA Appendix 7: List of Absentees HHs Appendix 8: /oluntary Land Donation A reement Paper Appendix 9: /erification Letters from Third Party NGO, /ICCCs and /DCs Appendix 7: List of Participants of Community Consultation Meetin Appendix 8: Meetin Minuets of Community Consultation Appendix 9: Cadastral Report Appendix 10: Summary of RP in Nepali Appendix 11: Cadastral Map Executive Summary 1. This Resettlement Plan (RPA is prepared for Dovilla- Phalebas road sub-project that describes the involuntary resettlement plannin process and procedures under Rural Reconstruction and Rehabilitation Sector Development Pro ram (RRRSDPA. 2. The Sub-project is located at Parbat district which is prioritized in DTMP (Priority No: 1A has been selected from the formal meetin of DDC council and follows 9 years old existin ali nment which starts from Ba lun -Pokhara hi hway (Dovilla ChoukA passes throu h densely populated Six /DCs namelyB Chuwa, Pakuwa, Peepaltari,Catuwachaupari,Mudikuwa and Devisthan and ends at Tutun a Bazar of Devisthan /.D.C. The total len th of the proposed road is 18.988 km which re5uires total of 10.77 ha land where private land is 9.03 ha, private land under existin road is 1.27, public land is 1.92 ha and land of absentees HHs is 1.80 ha. The value of land for new cuttin for the road construction is e5uivalent to Nrs. 30.78 million. The available width of existin road is 8m.The subproject will be up raded into all weather ravelin road standards with 8m formation width. 3. The total affected household is 998. The socio-economic and loss assessment survey has been done in 719 HHs. 282 HHs were not interviewed after makin several attempts durin the socio-economic survey. The socio- economic survey shows that, 2717 persons were affected comprisin 1771 male and 1273 female from the interviewed HHs. 707 HHs loss only land and 18HHs loss structure too. All 719 interviewed HHs lose D20E of their total land holdin . On the other hand, 708 plots of private land will be affected. The sub-project affects total 17 structures where 18 private and 2 public structures. The sub project affects less than 200 people loosin less than 10E land of their total land holdin . In addition, no si nificant impacts are bein experienced by APs in this road sub project and hence this sub project falls under cate ory B of Resettlement ,ramework of the project. Therefore, a short Resettlement Plan is prepared to miti ate the resettlement impacts due to the implementation of the road sub project. 7. The RP has been prepared based on the Resettlement ,ramework of the project. The objectives of the RP are to (iA avoid land ac5uisition and involuntary resettlement wherever feasibleB and (iiA minimize it where it is unavoidable, and ensure that APs receive assistance, so that they would be at least as well off as they would have been in the absence of the project. .hile preparin this Resettlement Plan ProjectFs key resettlement principles are strictly followed and incorporated in this plan. 8. The census was followed by a socio-economic survey of 719 HHs focusin on APs income, food sufficiency, poverty and ethnic back round. The survey revealed that avera e annual income of the affected households is about 210779 rupees. Majority of the households have annual income above 88,000 rupees, and none of households have annual income less than 28,000 rupees. The householdFs income is relatively hi h in terms of per capita income. All of 719 interviewed HHs falls above the poverty line and found more than 9 months of food security. 9. ,or voluntarily land donation the project has prepared land donation a reement paper. All the APs a reed to donate their land without force who have D20E land loss. However, ade5uate process and safe uards are built in the RP ensurin that the voluntary land donation is unforced and it doesnFt lead to impoverishment of affected people as stated in project resettlement framework which is described in this RP. 7. In the context of information collection from affected HHs, different six meetin s were held in six different /DCs of the sub-project where the proposed ali nment and project modalities were discussed communally and with each affected family. People had actively participated in finalization of the ali nment durin the detail survey and meetin . Durin consultation meetin and household survey affected households had verbally communicated their willin ness to donate part of their land to improve the road .It was also noticed that local people were found positive towards the project. 8. The survey team has assessed the various cate ories of loss envisa ed in the entitlement matrix and finalized the estimated prices/costs for compensation at replacement cost. The Compensation Determination Committee (CDCA has been formed under the chairmanship of CDO. The CDC decided the compensation rates based on recommendation of resettlement survey. The main principle for the decision of compensation rates is to provide compensation at replacement value of the lost assets. 9. A Grievance Redress Committees (GRCA has been formed at district level for hearin the complaints of APs and for their appropriate resolution and its sub-committee 9 Grievance Redress Sub- Committee (GRSCA has been formed at the villa e level includin three representative from /ICCC and two from Affected family for hearin the complaints and disputes relatin to land ac5uisition and to brin appropriate resolution. 10. The resettlement principles adopted for this subproject reco nize the Land Ac5uisition Act, 2037 (1977A and the re5uirements of the Asian Development Bank (ADBA policy on Involuntary Resettlement. In addition to the Land Ac5uisition Act 2037 (1977A there are also other relevant acts likeB Public Roads Act 2031 (1977A, Land Reform Act (1997A Land Revenue Act (1977A and other uidelines, policies and plans related to land ac5uisition and resettlement for the road which were also reviewed while preparin this RP. 11. The improvement in earnin capability and project benefits will be maximized throu h the addition of a savin s component and life skill trainin for APs, run by the project. In addition to employment opportunities in construction work, the project will provide supplementary support to the identified APs throu h Livelihood Enhancement Skills Trainin (LESTA pro ram and other community infrastructure supplementary investment projects. A list of skills trainin and income eneration has been prepared and total of Rs 12, 39,900 has been bud eted. The total cost of resettlement includin compensation for the loss of structure, land, livelihood restoration pro ramme, deed transfer and reserve fund for absentee is NRs.