MFF 0005 PAK: Renewable Energy Development Sector Investment Program Tranche 3

Transcription

1 Resettlement Plan August 2012 MFF 0005 PAK: Renewable Energy Development Sector Investment Program Tranche 3 Prepared by Gilgit Baltistan Water and Power Department for the Asian Development Bank.

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3 WATER AND POWER DEPARTMENT GILGIT BALTISTAN 04 MW HYDEL POWER PLANT THAK NULLAH, CHILAS LAND ACQUISITION AND RESETTLEMENT PLAN AUGUST 2012

4 CONTENTS LIST OF ABBREVIATIONS...(i) DEFINITION OF TERMS...(ii) TABLE OF COMPARISION EXECUTIVE SUMMARY... 4 I. INTRODUCTION... 9 A. Background 9 B. Project Description 9 II. LEGAL FRAMEWORK A. Pakistan s National Laws and Regulations 11 B. ADB s Safeguard Policy Statement and Resettlement Principles 12 C. Comparison of LAA 1894 and SPS 2009 and Gap Filling Measures 14 D. Remedial Measures to Reconcile Gaps between the LAA 1894 and SPS III. COMPENSATION ELIGIBILITY AND ENTITLEMENTS A. Eligibility 17 B. Entitlements for AFS 17 C. Entitlement Matrix 18 D. Valuation of Affected Assets and Unit Cost for Compensation 19 IV. ASSESSMENT OF IMPACTS A. Strategy for Land Acquisition and Resettlement Minimization 21 B. Potential Land Acquisition and Resettlement Impacts 21 C. Impacts on Land Due to Construction of Project Structures 22 D. Impacts on other Economic Assets Due to Construction of Project Structures 23 E. Impacts on Land Due to Construction of Transmission Line and Gridstation 25 F. Impacts due to Temporary Land Acquisition 26 G. Vulnerability Impact Allowance: 26 H. Positive Impact of the Project (Indirect Benefits) 27 V. SOCIO-ECONOMIC PROFILE A. Field Investigation Methodology 28 B. Socio-Economic Environment 28 C. Socio-Economic Profile of Affected Persons 31 D. Indigenous People 32 TOC - I

5 VI. CONSULTATION AND DISCLOSURE A. Consultation Undertaken for the LARP 33 B. Main Concerns of the Participants 33 C. Compensation Options Discussed 33 D. GB-WPd Response to the Community Concerns Raised During Consultation 34 E. Meetings with Line departments 34 F. Information Disclosure Plan 34 G. Future Consultation 34 VII. INSTITUTIONAL ARRANGEMENTS A. Budgeting 39 B. Fund Flow 39 C. Land Acquisition Costs 39 D. Compensation Cost of Economic Assets 40 E. Compensation cost of NHA Road Row Damages 40 E. Vulnerability Impact Allowance 40 F. Total Cost of LARP Implementation 41 IX. LARP IMPLEMENTATION PROCESS AND SCHEDULE A. LARP Implementation Process 42 X. MONITORING AND EVALUATION A. Internal Monitoring 44 B. Reporting Requirements 45 TABLES Table 1: Table 2: Table 3: Table 4: Table 5: Table 6: Table 7: Table 8: Table 9: Table 10: Table 11: Table 12: Table 13: Table 14: Steps in Land Acquisition Act (LAA) 1894 and Timelines for the Project Comparison of LAA and ADB Policy and Gap Filling Measures Entitlement Matrix Unit Compensation Rates of the Affected Assets Permanent Land Acquisition due to Construction of Project Structures Extent of Impact on Agriculture Land Loss of Economic Assets for Thak Nullah Hydropower Project Permanent Land Acquisition due to Construction of Grid Station and Transmission Line Temporary Land Acquisition for Thak Nullah Hydropower Project Affectees Eligible for Vulnerable Allowance Socio-Economic Indicators of Villages Falling around Project Area Sources of Income in Surveyed Villages Average Annual Income per Household in Surveyed Villages Cost of Permanent Land Acquisition for Thak Nullah Hydropower Project TOC - II

6 Table 15: Cost of Temporary Land Acquisition for Thak Nullah Hydropower Project Table 16: Compensation Cost for Economic Assets Table 17: Total LARP Cost Table 18: LARP Implementation Schedule Thak Nullah Hydropower Project FIGURES Figure 1: Project Location Figure 2: Institutional Setup for LARP Implementation APPENDICES Appendix 1: Appendix 2: Appendix 3: Appendix 4: Appendix 5: Appendix 6: Appendix 7: Section 4 Notification Proposed Land Acquisition Rates Fixed by DLC Chilas Unit Rates for Various Structures/Trees as Fixed by GB PWD/DC Chilas Inventory of Loss of Land and other Economic Assets due to Project Implementation Estimate of NHA Road ROW Damages Provided by NHA List of Participants during Local Consultations and List of Line Departments Visited Total Compensation Payable to Individual Affectees PHOTOGRAPHIC DOCUMENTATION TOC - III

7 LIST OF ABBREVIATIONS ADB AH AF DC DPs DPC CAS DLC EA ESDC GRC HPP IP IR Asian Development Bank Affected Household Affected Family Deputy Commissioner Displaced persons Displaced Persons Committee Compulsory Acquisition Surcharge District Land Collector Executing Agency Environment Social Development Cell Grievance Redress Committee Hydro Power Project Indigenous Peoples Involuntary Resettlement LAA Land Acquisition Act, 1894 LAC kv LAR LARF LARP LRD M&E MFF GB WPD GB EPA OP PMU REDSIP ROW WAPDA Land Acquisition Collector kilovolt Land Acquisition and Resettlement Land Acquisition and Resettlement Framework Land Acquisition and Resettlement Plan Land Revenue Department Monitoring and Evaluation Multi-tranche Financing Facility Giligit Baltistan Water and Power Department Gilgit Baltistan Environmental Protection Agency Operational Manual Project Management Unit Renewal Energy Development Sector Investment Program Right of Way Water and Power Development Authority i

8 DEFINITION OF TERMS Terms Definition Affected Household: All members of a project affected households residing under one roof and operating as a single economic unit, who are adversely affected or displaced by the Project or any of its components; may consist of a single nuclear family or an extended family group. Displaced Persons: Compensation: Entitlement: Income Restoration: Involuntary Resettlement: Improvements: Land Acquisition: Rehabilitation: Replacement Cost: Resettlement Impact: Vulnerable Groups: In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Payment in cash or in kind of the replacement cost of the acquired assets. Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to displaced persons, depending on the nature of their losses, to restore their economic and social base. Reestablishment of income sources and livelihoods of AFs. For a project involving involuntary resettlement, a resettlement plan will be prepared that commensurate with extent and degree of the impacts. The degree of impacts shall be determined by i) the scope of physical and economic displacement and ii) the vulnerability of the affected persons. Structures constructed (dwelling unit, fence, waiting sheds, animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a compensation. Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets. The borrower/client will provide adequate and appropriate cash compensation at full replacement cost for lost land and structures applicable to persons with formal legal rights to land / structures. The rate of compensation will be calculated at full replacement cost based on fair market value/transaction cost. The nature and value of livelihood loss caused by the acquisition of land and/or asset Distinct group of people who may suffer disproportionately from resettlement effects. The policy defines vulnerable groups as households below the poverty line, the elderly, those without legal title to assets, landless, women, children and indigenous people. ii

9 Sr. Impacts and No. DFs 1. Affected/Disp laced Households 2. Total Land Acquisition Table of comparison between LARP document 2008 and Trees 30 Nos. include 27 fruit trees and 3 fuel wood trees. Original LARP 2008 Revised LARP by PMU 2011 LARP Updated by PES 2012 Reasons for Variation/ Change PMU have included affectees of NHA right-ofway. Since the affectees have already been compensated by during the construction of Babusar road so they have been excluded. - According to final verification of affected assets by revenue department the number of affected households becomes Acres Acres Acres - The land required for lying of penstock pipe in the right-of-way of Babusar Chilas Road owned by National Highways Authority which is acres was not included in the LARP 2008 and The new estimate thus raises the LARP 2012 estimates for land acquisition. - The estimates for land acquisition for tower foundation of 33Kv transmission line are erroneously given acres In LARP However, there are 55 Nos. of towers requiring land acquisition of 55x0.003 acres = acres thus increasing the land acquisition for tower foundation of the TL raising it by acres (= ). - Also there are some other very minor changes e.g. intake weir from to acres causing variation in estimates of land acquisition. 43 Nos. include 30 Nos. include 15 35fruit trees and fruit trees and 15 8 fuel wood trees. fuel wood trees. - According to the final verification of affected assets by revenue department the sum of type of trees changes but the total number of trees affected remained unchanged. ES - 1

10 Sr. Impacts and No. DFs 4. Private Structures Original LARP 2008 Revised LARP by PMU 2011 LARP Updated by PES 2012 Reasons for Variation/ Change - House - No house - Four houses but measurement is given only for one house m² - Two Houses m 2 - The final verification by the revenue department certifies that only 2 houses will be affected instead of 4. - Cattle Shed - 1 animal shed 41.16m 2-1 cattle shed m 2-1 cattle shed m m 2 not only includes cattle shed but also house, madrasa and garage. Therefore, the statement in para 47 LARP 2011 that m 2 is the size of animal shed is not correct. It is m 2. - Garage - No Garage - 1 Garage 27.89m 2-1 Garage m 2 - The difference between 2011 and 2012 estimates is insignificant. - Boundary Walls 5. Community Structures - Boundary wall measuring 86m 3 - Boundary walls 7,723.5m 3 (Ref. para 48 LARP 2008). - Boundary walls m 3 - The units mentioned in para 48 LARP 2011 are given in m 3 where as in the table Appendix - 4, the same units are given in ft estimates include private boundary walls, community boundary wall and NHA road right-ofway boundary walls. - The 2012 LARP estimates are for 2 no. private boundary walls measuring m 3 based on final verification of inventory of affected assets by revenue department. - Water Channel - Civil supply Room - One water Channel without any measurement - NIL - Only water channel was discussed in the text without any measurements - NIL - Two water channels of m length - Civil supply room measuring m2 - Inventory of community structures was missing in 2008LARP which has now been updated in 2012 LARP according to the final verification by the revenue department. ES - 2

11 Sr. No. Impacts and DFs Original LARP 2008 Revised LARP by PMU 2011 LARP Updated by PES Madrasa - NIL - NIL - Madrasa measuring m2 - Boundary wall of Madrasa measuring m3 6. NHA Owned Structures Reasons for Variation/ Change - Land - Structures 6. Unit Rate 6.1 Permanent Land Acquisition - Cultivated land - Uncultivated land - Grassy Land - Barren Land - Not mentioned - Not mentioned Million/Acre - Not Given - Not Given - Not Given - Land 3.54 Acres - walls m 3 - Rs Million/acre - Rs.1.38million/ Acre - Not Given - Rs. 0.92Million/Acr e - Brest walls m 3 - Drains16.974m 3 - Rs. 3.20Million/Acre - Rs.1.60Million/A cre - Rs.2.80million/A cre - Rs.0.80Million/ac re - NHA has claimed damages for NHA road structures through their letter which is attached as Appendix 4 in the report as a result of their joint survey along with PMU staff. The unit rates given in the LARP-2008 were not official. The unit rate of LARP-2012 has been revised based on current market rates as Approved by the LAC in LAC is a district revenue authority itself. LAC issued the notification after consulting the affectees of the project area as well as the prevailing market rates. LAC has issued the revised prices which are appended as Appendix 2 & 3in the report. 6.2 Temporary 7. Land Acquisition Vulnerable AFs allowance Million/Acre - Rs.08 million/ acre / year - Rs.08Million/ acre / year Same rate used. - Rs /- - RS /- - RS /- There are 6 vulnerable families. Initially there were only 4. Minimum 2 months wages as fixed by GOP were used in both LARPs. This has been replaced with current rate Rs.7000 instead of old rate of Rs 6000 per month. ES - 3

12 EXECUTIVE SUMMARY Introduction 1. The Thak Nullah Hydropower Project is proposed to be financed by the Asian Development Bank (ADB) under Renewal Energy Development Sector Investment Program (REDSIP) through a multi-tranche financing facility (MFF). The REDSIP aims to contribute in the economic development of Pakistan through increased production and use of clean energy. This Land Acquisition and Resettlement Plan (LARP) has been prepared in accordance with ADB s Safeguard Policy Statement (SPS 2009), the Land Acquisition and Resettlement Framework (LARF) prepared for the Program and applicable National Laws. Project Components 2. The project site is located about 17 Km southeast of Chilas town the Headquarters of Diamer district. The project area is accessible from Chilas Babusar pass highway running along Thak nullah off-taking from Chilas-Gilgit road (Karakoram Highway). It is located on Thak Nullah which is a left bank tributary of Indus river having a length of 23 km from the point of maximum elevation in the catchment area ( El. 4,363 m amsl). Its confluence with the Indus river is at about 5km east of Chilas. The weir intake is proposed on right side of Thak Nullah in Khun village where as the powerhouse is proposed about 4.5 Km downstream of the weir intake. The project components consist of a weir, intake channel, approach channel, sand trap/sedimentation basin, connecting channel, fore bay, spill channel, penstock, powerhouse, tailrace channel, transmission line and a grid station. To facilitate construction activities at weir site, an approach road, approximately 500m long and 5.5m wide from Babusar-Chilas road to weir site is also needed for the project as part of the project. Compensation, Eligibility and Entitlements 3. All project impacts/losses are entitled to cash compensation at current market rates and resettlement allowances in line with the SPS policy and the LARF. The entitlement matrix, below, is strictly in accordance with the actual impacts/losses caused by the project. Entitlement Matrix Type of Loss Loss of agriculture land Building and Structures Crops Trees Community Structures Specification Displaced Persons All land losses All AFs whether titled or not Houses, boundary walls and sheds. All AFs whether titled or not Affected crops All AFs; titled or not including tenants Fruit Trees Fuel wood Trees Boundary walls, Madrasa, Room, Water channels All Owners of trees No. of AFs Entitlement and Compensation 21 Cash compensation at current market rate and negotiated with affected Land owners plus 15% compulsory acquisition surcharge (CAS). 5 Cash compensation at replacement rates for affected structure, free salvageable materials. 4 Crop compensation in cash at full market rate for 1 harvest as the area is a mono cropping zone. 8 Fruit bearing/fuel wood trees will be compensated at current market value given the type, and size of plants and/or trees. - - Rehabilitation/substitution of affected structures and utilities. All these community based structures will be restored to their original status by the EPC contractor as per contract clause. ES - 4

13 Type of Loss Specification Displaced Persons No. of AFs Entitlement and Compensation Vulnerability allowance AFs losing >10% of their total land Vulnerable persons titled or not titled 6 Two month of minimum salary in the project area (Rs. 7000/month) to vulnerable people Provision of project related jobs. Contract award will have provision of this. Permanent Job will be given to one family member of each affected families in WPD after completion of the project. EA will ensure this and confirm to ADB through monitoring reports. Project Impacts: Land Acquisition and Resettlement impacts and Affected Households 4. The breakup of the total land to be acquired is given in the table below: Component Government Land Private Land NHA Total Road (Acres) Temporary Permanent Temporary Permanent ROW Penstock Pipe Connecting Channel Sand Trap Forebay and Spill way Powerhouse and Tail race Weir Intake Construction Camp Transmission Line Grid Station Total A total of acres of land will be acquired for the project implementation. Out of which, acres of land will be acquired temporarily. The permanent land acquisition includes acres of government land, acres of NHA owned land and the remaining acres of land is privately owned. 6. Private structures such as 2 houses measuring m 2, 2 boundary walls measuring m 3, one cattle shed measuring m 2 and one garage measuring m 2 will also be affected fully by the laying out of penstock pipe. 7. Apart from private structures, 4 community based structures including a portion of Madrasa measuring m 2, one room built for civil supply Chowkidar measuring m 2, two boundary walls (including boundary wall of dispensary and Madrasa) measuring an area of m 3 and structures of two water channels measuring m 2 will partially be affected due to laying out of penstock pipe. 8. In addition, 30 trees including 15 fruit and 15 fuel wood trees will also be affected by the implementation of the project. Among the fruit trees, there are only 4 nos. tall and 2 nos. medium fruit bearing trees, Rest of all the trees are non fruit bearing and have been categorized as small and Nounehal (young plants). ES - 5

14 9. Based on these land and non-land impacts, the project will impact a total of 34 families with a total of 377 family members. 10. All Displaced Families are Muslim and ethnically Shina speaking. As they have a similar livelihood and same culture of peoples residing in other parts of Diamer therefore, they are neither tribal nor minority people. The ADB s Policy on Indigenous People, as specified in the SPS 2009, is not triggered. Significance of Impact 11. The project impacts are insignificant in nature, as only 6 AFs (compared with previous total of 4 AFs, which after verification by revenue department increased to 6 AFs). No one is losing more than 10% of total land. Apart from this, two houses will also be impacted. All project impacts will be compensated at current market rate including replacement costs for private affected assets. Moreover, community based structures such as Madrasa, civil supply Chowkidar room and structure of water channels of will partially be affected. All these community based structures will be restored to their original status by the EPC contractor as per contract clause. In view of the insignificant impacts, the project has been categorized as B and accordingly this land acquisition and resettlement plan (LARP) has been prepared for implementation. Public Consultation and Disclosure 12. A public consultation program and census survey held earlier in May & June, 2008 was followed up in February, 2012, when the project consultant team assessed the correctness of the inventory of affected assets with the involvement of PMU staff. Inventory of the affected assets has been verified by the revenue department with the involvement of PMU staff and the affectees. The LARP and an Urdu summary of LARP will be uploaded at ADB and project websites, while the LARP Urdu summary will be disclosed to the DPs in the project area and in relevant government/project offices in the district and project sites, especially in Khun and Dewarey villages. In addition, the translated summary will be displayed at Project Director (PD) office, local Union Councils and will be posted on ADB website and project website as soon as ADB approves the LARP document. Gilgit Baltistan (GB) WPD will be responsible to ensure that LARP as a public document is available to the affected communities for the duration of the project. During consultation meetings, displaced families were thoroughly informed on the results of the census and inventory of impacts and their preferences on compensation. The concerns and issues raised by displaced families have been documented in this LARP. Further consultations will be continued during the implementation of the LARP. Institutional Arrangements 13. A Project Director office has been established in Chilas with a Project Management Unit (PMU) and has been entrusted with the responsibility of the overall management of the project. The PMU will carry out the implementation of the compensation program at local level. An Environment and Social Development Cell (ESDC) will be established within PMU in project coordination office at Gilgit to conduct the process in organizing and implementing the delivery of compensation provisions in collaboration with the Land Revenue Department (LRD). The PMU will internally monitor and report to the executing agency (EA) on LARP implementation. The EA will report to ADB on quarterly, basis. Grievance Redress 14. Grievance Redress Committee (GRC) will be established at the project level with the primary objective of providing a mechanism to mediate conflict and disputes concerning compensation payments to avoid lengthy litigation. The function of the GRC will be to provide support to displaced ES - 6

15 families on problems arising out of their land and property acquisition; record the grievance of the displaced families categorize and prioritize the need to be resolved by the Committee; and report to the aggrieved parties about the development regarding their grievances and the decision of the project authorities. LARP Budgeting 15. The total estimated cost of LARP including compensations for the affected land, structures, crops and trees, (with 15% land acquisition surcharge and 10% contingency) has been estimated at Rs million. Project component wise summary of LARP Budget is as follows; Sr. Unit Rate Rs. Description No of Units No. (Rs.) (Million) % 1 Permanent land Acquisition - Cultivated Land - Uncultivated Land - Grassy Land Acres Acres Acres Rs. 3.20Million/Acre Rs.1.60Million/Acre Rs.2.80 Million/Acre Barren Land 0.537Acres Rs Million/Acre NHA Owned Barren Land Acres Rs Million/Acre % CAS Temporary Land Acquisition 1.512Acres 0.080/Acre/year (On lease for 4 years) 3 Private Structures - 2 Houses - Boundary Wall - Boundary Wall - Cattle shed - Garage m m m m m 2 17,222.18/m /m /m /m /m NHA Road ROW Structures - Brest Walls - Drains - Escalation100% m 3 16,974.4m 3 - Variable Variable Trees 30 Nos. *Variable Crops Compensation Kg Variable /month for Vulnerability allowance 6 Persons months Total % Grand Total: * Tree prices have been fixed by DC Chilas on the basis of rates fixed for Diamer Bhasha Dam project, after consultation with affectees. Copy of the notification is attached as Appendix 2. During consultant field survey together with PMU staff these prices have been agreed by the locals. Hence the award can be announced. LARP Implementation 16. Physical project implementation works can only commence upon completion of compensation measures. Upon submission and approval of the Contractor s design for weir, intake, connecting channel and powerhouse the GBWPD will conduct a due diligence and update the LARP if there were any changes or variation between feasibility design and contractors design.. The site will be handed over to the contractor after completion of all payments including compensation for land and non land assets and allowances as agreed in LARF / LARP and submission of a monitoring report to ADB, confirming full payments to the DPs. ES - 7

16 Monitoring and Evaluation 17. A monitoring and evaluation system will be established to assess LAR progress and to identify potential difficulties and problems during project implementation. Regular internal monitoring will be conducted internally by GBWPD through PMU s ESDC. ES - 8

17 I. INTRODUCTION A. BACKGROUND 1. The Renewable Energy Development Sector Investment Program (REDSIP) is proposed to be financed by the Asian Development Bank (ADB) through a multi-tranche financing facility (MFF). The proposed investments in renewable energy are aimed to contribute in the economic development of Gilgit Baltistan (GB) through increased production and use of clean energy in a financially sustainable manner. The first tranche of the MFF that included small to medium hydropower projects in Khyber Pakhtunkhwa (KP) and Punjab are now under implementation. 2. ADB is facilitating the Government of Pakistan (GOP) in the process of preparing a proposal under the third tranche of REDSIP for the development of hydropower projects (HPP) in Gilgit Baltistan (GB) on Kachura Lungma (stream) in Skardu District and on Thak Nullah in Diamer District. The projects identified under 3 rd tranche of the MFF for the investment program (REDSIP) will closely follow the ADB operational policies regulating MFF procedures and conditions and applicable laws and regulations of Pakistan. 3. This LARP has been updated by Gilgit Baltistan Water and Power Department (GBWPD) in line with ADB s Safeguard Policy Statement 2009 (SPS 2009) to avoid involuntary resettlement impacts, and or minimize and mitigate such impacts, if these cannot be avoided. The LARP provides a framework within which the households and communities adversely affected are identified, their location and assets are recorded, the compensation measures are defined and the implementation process is explained. The compensation entitlements provided in this LARP requires compensation to be paid to the affected families (AFs) at current market rate/replacement values. Such compensations are envisaged to improve or at least restore the AFs pre-project living standards. B. PROJECT DESCRIPTION 4. The proposed Hydropower Project is located on Thak Nullah which is a left bank tributary of Indus river having a length of 23 km from the point of maximum elevation in the catchment area ( El. 4,363 m amsl). Its confluence with the Indus river is at about 5km east of Chilas town. The project site is located about 17 Km southeast of Chilas town. The project area is accessible through Chilas Babusar pass highway running along Thak nullah off-taking from Chilas-Gilgit road (Karakoram Highway).The weir intake is proposed on right side of Thak Nullah in Khun village where as the powerhouse is proposed about 4.5 Km downstream of the weir intake (Figure 1). 5. The proposed project is a run-of-river design with a planned capacity to generate 04 MW of electricity. The project components consist of a weir, intake channel, approach channel, sand trap/sedimentation basin, connecting channel, fore bay, spill channel, penstock, powerhouse, tailrace channel, transmission line and a grid station. Salient features of the layout are listed below. 6. Weir: The weir shall be of reinforced concrete tyrolean type, with a lateral intake positioned at the right side of the main weir. 7. Intake: A tyrolean intake is proposed in side of weir section. The discharge through intake section will be controlled through gates proposed at the end of channel. 8. Approach Channel: It will be a reinforced concrete channel releases diverted discharge from the intake into the sedimentation basin

18 9. Sedimentation Basin: A reinforced concrete sedimentation basin of appropriate size shall be provided for the removal of suspended particles larger than 0.2 mm size. 10. Connecting Channel: The discharge from the sand trap will be diverted to a connecting channel which leads to Forebay. 11. Forebay: A Forebay shall be provided with a gross capacity of 17,482 Cum to store the daily flows during off peak hours and use it for power generation during peak hours. 12. Spill Channel: A reinforced concrete spill channel shall be provided at forebay which shall discharge the water into nearby Thak Nullah in case of long shutdown of powerhouse. 13. Penstock: The main water conveyance system from Forebay to powerhouse is comprised of a buried / embedded steel penstock pipe, proposed to convey the design discharge ensuring minimum head losses. 14. Powerhouse: The powerhouse shall be external slope-type placed on the left bank of Thak nullah about 4.5km downstream of weir. 15. Tailrace Channel: Open channel type tailrace channel of reinforced concrete with a rectangular cross-section shall be provided to safely discharge the maximum flows which will be released from powerhouse after energy generation into the headrace of existing Thak Powerhouse of 2MW. 16. Approach Road: No access road construction or rehabilitation would be required for project implementation except. However, an approach road of 500m length for access to weir site from Babusar Chilas road will be constructed as part of the project. 17. Grid Station and Transmission Line: The 33kV grid station has been proposed on government barren land in Jaldas in Chilas town thereby developing a stable and flexible distribution network in the area. 18. The 33 kv power transmission line is proposed to transfer the electrical power of Thak Nullah hydropower plant over a distance of 18 km along the existing transmission line to the proposed 33kV grid station at Jaldas in Chilas Town. Figure 1 Project Area Layout

19 II. LEGAL FRAMEWORK A. PAKISTAN S NATIONAL LAWS AND REGULATIONS 1. THE LAND ACQUISITION ACT, The Government of Pakistan s current legislation governing land acquisition for public purposes is the Land Acquisition Act (LAA) of 1894 with successive amendments. The LAA regulates the land acquisition process and enables the Federal and Provincial Governments to acquire private land for public purposes. Land acquisition is a provincial subject and each province has its own interpretation of the Act, and some have their own province specific implementation rules and regulations. 20. The LAA specifies a systematic approach for acquiring and compensation of land and other properties for development project. It stipulates various sections pertaining to notifications, surveys, acquisition, compensation and apportionment awards and disputes resolution, penalties and exemptions. The LAA under eminent domain deals with the matters related with acquisition of private land and other immovable properties existing on the land for the public purpose. The public purpose, inter alia, includes the construction of development project of public interest. 21. The LAA with its successive amendments provides a framework for facilitating land acquisition and enables the State government to acquire private land for public purposes. The LAA is the most commonly used law for acquisition of land and other properties for development projects. It comprises of 55 sections pertaining to preliminary area notifications and surveys, acquisition, compensation and apportionment awards and disputes resolution, penalties and exemptions. The steps involved in the process of land acquisition are given in Table Table 1: Steps in Land Acquisition Act (LAA) 1894 and Timelines for the Project Key Sections Salient Features of the LAA (1894) Time Line for Project Section 4 Section 5 Section 5-A Section 6 Section 7 Section 9 Publication of preliminary notification and power for conducting survey. Section 4 notification Formal notification of land needed for a public purpose. Land Demarcation. Survey of affected persons assets Section 5a covering the need for enquiry Stakeholder consultations The Government makes a more formal declaration of intent to acquire land. Stake holders consultations DPAC assessment of rates The Land Commissioner shall direct the Land Acquisition Collector (LAC) to take order the acquisition of the land. BOR approves the DPAC rates The LAC gives notice to all APs that the Government intends to take possession of the land and if they have any claims for compensation then these claims are to One month after notification of Section Days after notification of Section Days after notification of Section 5 - A 15 Days after notification of Section days after notification of Section

20 Key Sections Salient Features of the LAA (1894) Time Line for Project be made to him at an appointed time. Section 11 Enables the Collector to make enquiries into the measurements, value and claim and then to issue the final award". The award includes the land's marked area and the valuation of compensation. Section 16 When the LAC has made an award under Section 11, he will then take possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances. 15 Days after notification of Section Days after notification of Section The framework of the LAA is generally considered to be constricted in scope and inadequately take into account the rehabilitation and resettlement of displaced populations and restoration of their livelihoods. The LAA also does not specifically provide any assistance for the poor, vulnerable or severely affected AFs, nor does it cover for livelihood losses or resettlement costs for rehabilitation. Generally, it is limited to cash compensation policy for the acquisition of land and builtup property, and damage to other assets such as crops, trees, and infrastructure. In addition, the Law does not cover AFs without titles or ownership records such as squatters or roadside encroachers the LAA procedures do not entail the consultation and participation of affected people, but leave the entire process to the discretion of the revenue department and implementing agency. In order to fill the vacuum, currently some transient measures are taken to compensate adversely affected non-titled people, non-registered tenants, business and wage workers under project specific arrangements for their rehabilitation, payment of resettlement costs and assistance for livelihood restoration. 2. THE TELEGRAPH ACT (TA) OF The Telegraphic Act (1910) was promulgated during the British period to define the authority of Telegraph Department for installing and stringing. After the partition the act was further broadened to include electric poles and towers. Originally, in the Act there was no provision of land compensation except for crop compensation, however, it was ensured that land under the transmission lines is accessible and can be used productively. Water and Power Development Authority (WAPDA) has been installing the transmission lines and towers and the provision of land compensation was extended following the inclusion of transmission towers. The Telegraphic Act could accommodate APs needs by avoiding loss of land in Gilgit Baltistan through the use of towers with maximum vertical clearance to allow the continuation of unrestricted animal grazing and farming. B. ADB S SAFEGUARD POLICY STATEMENT AND RESETTLEMENT PRINCIPLES 25. The policy principles and objectives are shown below with the key principles highlighted in bold. When land other than government owned land is to be acquired then a Land Acquisition and Resettlement Plan (LARP) is required

21 Involuntary Resettlement Safeguards (ADB SPS, 2009) Objectives: 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 displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Policy Principles: 1. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. 2. Carry out meaningful consultations with displaced persons, host communities, and concerned non- government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line. These include the landless, the elderly, women and children. Specific safeguards cover Indigenous People, including those without statutory title to land, including those having communal rights, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons' concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 3. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based and where it is possible to give cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where these are possible. 4. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. 6. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. 7. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets

22 8. Prepare a resettlement plan elaborating on displaced persons' entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule, 9. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the resettlement plan and its updates to displaced persons. 10. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project's costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. 11. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 12. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of the resettlement monitoring. 13. Disclose monitoring reports. Source: ADB Safeguard Policy Statement, The above principles will apply to the Thak Nullah LARP to ensure that persons affected by land acquisition are eligible for appropriate compensation and rehabilitation assistance. Detailed criteria, procedures and modus operandi for the implementation of these principles applicable to the project have been provided in sections below. C. COMPARISON OF LAA 1894 AND SPS 2009 AND GAP FILLING MEASURES 27. The land acquisition and resettlement aspects have been compared with respect to the Pakistan Land Acquisition Act (1894) and the ADB policy principles and are presented in the following Table 2. The objective of this exercise is to identify the differences and gaps between the ADB SPS and Pakistan s LAA The key ADB Policy Principles are (i) the need to screen the project early in the planning stage, (ii) carry out meaningful consultation, (iii) at the minimum restore livelihood levels to what they were before the project, improve the livelihoods of displaced vulnerable groups (iv) prompt compensation at full replacement cost is to be paid (v) provide displaced people with adequate assistance, (vi) ensure that displaced people who have no statutory rights to the land that they are working and eligible for resettlement assistance and compensation for the loss of non-land assets and (vii) disclose all reports. Table 2: Comparison of LAA and SPS 2009 Gap Filling Measures Land Acquisition Act 1894 SPS 2009 and Gap Filling Measures Only titled landowners or customary rights holders are recognized for compensation. Only registered landowners, sharecroppers and lease holders are eligible for compensation of crop losses. Lack of title should not be a bar to resettlement and rehabilitation support. Requires equal treatment of those without clear land titles (for example, squatters or other informal settlers) in terms of their entitlements for resettlement assistance and compensation for the loss of non-land assets. Crop compensation is to be provided irrespective of the land registration status of the affected farmer/share cropper

23 Land Acquisition Act 1894 Tree losses are compensated based on outdated officially fixed rates by the relevant forest and agriculture departments. Application of emergency procedure section 17/4. Revenue department may apply this section based on a request by the acquiring department. There is no specific timeline for paying the compensation. Negotiated Purchase, no LARP required. Procedures available through instructions and agreement signed. Land valuation is based on the median registered land transfer rate over the 3 years prior to Section 4 of the LAA being invoked. A 15% compulsory acquisition charges are paid over and above the assessed compensation. However, recent practice is that prices based on the average over the last one year prior to acquisition commencing is applied. Provinces have also issued instructions for assessing compensation to ensure displaced persons receive compensation at market price. The valuation of structures is based on official rates, with depreciation deducted from gross value of the structure and also 15% of the value of salvaged materials. The decisions regarding land acquisition and the amounts of compensation to be paid are published in the official Gazette and notified in accessible places so that the people affected are well informed. There is no provision for income and livelihood rehabilitation measures. There are also no special allowances for vulnerable groups. There are no requirements to assess opportunities for benefit sharing. Untitled AFs are not entitled to rehabilitation support. Prepare and disclose land acquisition and resettlement plans LARP. There is no law or policy that requires preparation of LARP. SPS 2009 and Gap Filling Measures Tree losses are to be compensated according to market rates based on productive age or wood volume, depending on tree type. Section 17 does not comply with the SPS. Prepare LARP in accordance with the provisions detailed in the SPS (2009). Replacement cost surveys undertaken by the EA and shared with assessors when determining compensation. The valuation of built-up structures is based on current market value but with consideration of the cost of new construction of the structure, with no deduction for depreciation. Carry out consultations to inform potentially displaced persons about the likely impacts, finalization of award and payment of compensation. Disclose draft LARPs and their updates, as applicable. The ADB policy requires rehabilitation of livelihoods, and support during the relocation process. There are also provisions to be made to cover transitional period costs, and livelihood restoration. Particular attention must be paid to the poor and vulnerable groups, including women. A guiding principle is that AFs should at least be able to reach a defined minimum livelihood standard. In rural areas AFs should be provided with legal access to replacement land and resources to meet the defined minimum livelihood level. In urban areas provision should be made for appropriate income sources and the legal and affordable access to adequate housing. Untitled AFs have rights. Resettlement plans are prepared and disclosed

24 Land Acquisition Act 1894 Grievance redress is established through the formal land acquisition process at a point in time or through appeals to the court Only compensation is paid but not resettlement allowances, there is no mechanism to ensure payment is made before displacement No requirements to prepare and disclose monitoring reports No special provisions to deal with support to displaced, vulnerable, and tribal groups. SPS 2009 and Gap Filling Measures Provide mechanisms that are accessible locally and available throughout project implementation. All compensation and allowances to be paid prior to physical or economic dislocation. Prepare and disclose monitoring reports Combined resettlement and indigenous peoples plan prepared D. REMEDIAL MEASURES TO RECONCILE GAPS BETWEEN THE LAA 1894 AND SPS Project specific resettlement issues have been addressed to assist non-titled persons, and bridge the gap between existing practice and the main guidelines of SPS with regard to land acquisition and resettlement. To reconcile the inconsistencies between the LAA and SPS, the government has drafted this LARP. Provision of compensation at replacement cost, allowances will be given for displaced persons (DPs) suffer business losses, or may be vulnerable

25 III. COMPENSATION ELIGIBILITY AND ENTITLEMENTS A. ELIGIBILITY 29. Land acquisition tasks under the Thak Nullah Hydropower project will be implemented according to a compensation eligibility and entitlements framework in line with both Pakistan s law/ regulation and ADB SPS The DFs are eligible for compensation under the following Program: i) All DFs losing land or land based assets, i.e., crops and trees whether covered by legal title/traditional land rights or without legal status; ii) iii) iv) Tenants whether registered or not; DFs losing the use of structures and utilities, including titled and non-titled owners, registered, un-registered tenants; and DFs suffering temporary effects, such as disturbance to land, crops, business operations during construction. 30. Compensation eligibility is limited by the cut-off-date which has been fixed as 31July, 2012 by DLC, Chilas. The copy of notification is placed as Appendix-1. Any family or a member of the family that settles in the project affected area and/or make changes in the land use patterns after this cut-off-date will not be eligible for compensation. All such people will, however, be given a three months notice requesting them to vacate the premises/corridor and dismantle the affected structures and/or other establishments (if any) prior to project implementation. B. ENTITLEMENTS FOR AFS 31. The following entitlements are applicable for displaced families/persons losing land, structures, crops and trees. All DFs are eligible for the compensation of lost assets such as land, structures, crops and trees. i) Agricultural land impacts will be compensated based on the following; a) For permanent losses, titled, or non titled compensated by means of cash compensation for lost land at the replacement cost based on the market value of the lost land plus a 15% compulsory acquisition surcharge (CAS). b) For temporary land losses, titled, non-titled owners and tenants will be compensated through cash compensation equal to the average market value of each lost harvest for the duration of the loss, and by the restoration of both, cultivable and uncultivable land, to pre-construction conditions. Contractors will be required to carry out restoration works. ii) Residential land will be compensated at replacement value for each category of the APs as follows. a) Titled and non-titled owners will be compensated by cash compensation for lost land at the replacement cost based on the market value of the lost land plus a 15% CAS. iii) iv) Buildings, structures will be compensated in cash at replacement cost free of depreciation. Crops will be compensated to owner and tenant/share cropper according to their agreed shares in cash at the full market rate for 1 harvest of wheat which is harvested as single

26 crop. The replacement cost for annual crops is equivalent to the average production over the last three years multiplied by the current market prices for agricultural products at the time of compensation. v) Trees will be compensated to cultivator s household including land owners, tenants shall reflect income replacement considering both fuel wood and fruit trees. The replacement cost for perennial trees is equivalent to current market prices given the type and size of the plants as assessed and fixed by District Land collector (DLC). vi) Vulnerable People Allowance: Vulnerable people including titled or non titled tenants losing more than10% of their total land, identified through the social impact assessment are eligible for vulnerable allowance equal to two month salary i.e Rs.7000/month to support to improve their livelihoods including, priority in employment in project-related jobs as relevant. There are six affected families identified in the project area which are losing more than 10% of their land eligible for this allowance in addition to one permanent job to one member of each vulnerable family. C. ENTITLEMENT MATRIX 32. Based on the inventory of losses, the Entitlement Matrix outlined below in Table 3 is applicable to the project. It reflects the core IR principles to ensure AFs of their entitlements. The entitlement matrix is not exhaustive and more entitlements will be added if any resettlement impact, not listed in the matrix, is identified during project detailed design. Table 3: Entitlement Matrix Type of Loss Loss of agriculture land Building and Structures Crops Trees Community Structures Vulnerability allowance Specification Displaced Persons All land losses All AFs whether titled or not Houses, boundary walls and sheds. All AFs whether titled or not Affected crops All AFs; titled or not including tenants Fruit Trees/ Fuel wood Trees Boundary walls, Madrasa, Room, Water channels AFs losing >10% of their total land All Owners of trees No. of AFs Entitlement and Compensation 21 Cash compensation at current market rate and negotiated with affected Land owners plus 15% compulsory acquisition surcharge (CAS). 5 Cash compensation at replacement rates for affected structure, free salvageable materials. 4 Crop compensation in cash at full market rate for 1 harvest as the area is a mono cropping zone. 8 Fruit bearing/fuel wood trees will be compensated at current market value given the type, and size of plants and/or trees. - - Rehabilitation/substitution of affected structures and utilities. All these community based structures will be restored to their original status by the EPC contractor as per contract clause. Vulnerable persons 6 Two month of minimum salary in the project area (Rs. 7000/month) to vulnerable people Provision of project related jobs 1 per each household on a permanent basis. Temporary job during construction to be included in the bidding documents and monitored

27 D. VALUATION OF AFFECTED ASSETS AND UNIT COST FOR COMPENSATION 33. In accordance with the resettlement policy for the project, all DFs will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of their lost assets and scope of the impacts. The following methodology has been adopted for the assessment of unit values for assets to be compensated: I) Land acquired for the project has been valued at the replacement cost of land of approximately equal type and quality determined through replacement cost survey for the period of no more than one year preceding the cut-off date for the project. Since there is no sale or purchase of land in the area so no three years record is available. District Land Collector, Chilas, has proposed new land acquisition rates for 2012 after negotiation with the affectees and GBWPD which are deemed to be approved. A copy of proposed rates is attached as Appendix 2. II) iii) (iv) (vi) Buildings and Structures to be affected by laying out of penstock pipe and approach road includes houses, boundary walls and sheds. These private structures have been valued based on precise measurement and record of type, quality and measurement of materials and has been calculated based on replacement cost (i.e., cost of new building materials and labor) with no depreciation for age and deduction for salvageable materials, sufficient to cover the cost of materials and labor. Community Structures and Public Utilities include two water channels, civil supply room and a Madrasa which will partially be affected by the laying out of penstock pipe and construction of approach road. These structures will be rehabilitated by EPC contractor so as to satisfy their pre-project functions. They will be replaced prior to being dismantled. Crops have been valued at the current market rates at the farm gate for the net harvest of the last three years average. Trees have been valued on the basis of rates as fixed by the GBPWD keeping in view their local market values with respect to the tree sizes. 34. Unit Compensation Rates for Land: Deputy Commissioner Chilas (DC) who is also District Land Collector has filed a letter to the secretary law and prosecution, Gilgit Baltistan for revision of land acquisition rates for the year 2012 on March 28, The revised rates are based on the negotiation with the affectees and in consultation with the GBWPD. The proposed rates quoted in the letter are Rs. 400,000/- per kanal (Rs. 3,200,000/Acre) for cultivated land, Rs. 200,000/- per kanal (Rs. 1,600,000/Acre) for uncultivated land and Rs. 100,000/-per kanal (Rs.800,000/Acre) for barren land in Thak area. The copy of the revised rates is placed in Appendix - 2. These rates have been approved by the competent authority (Chief Secretary GB). 35. Unit Compensation Rates for Various Structures: Approval of final unit rates for various structures provided by GBPWD are given in Appendix Unit compensation rates for land acquisition and various structures as fixed by DC, Chilas and GBPWD respectively, are tabulated below

28 Table 4: Unit Compensation Rates of the Affected Assets Affected Assets Unit Unit Rate in Rs. Land Cultivated Land Acre* 3.20 Million Uncultivated land Acre 1.60 Million Grassy Land Acre 2.80 Million Barren Land Acre 0.80 Million Temporary Land Acquisition* (for four years ***lease) Acre/year 0.08 Million Buildings & structures Houses/Garage with Mud/stone and thatched roof m² Cattle Shed m² 6,459 Room made up of G.1 sheet roofing and uncoursed stone masonry wall in 1:6C.M Boundary wall (Compound wall with stone masonry in 1:6C.M) m² 20,453.5 m 3 3,531.9 Boundary wall (with dry stone masonry) m Crops Wheat Kilogram 22 Vegetables Kilogram 25 Fodder Kilogram 20 Fruit Trees Peaches Per Tree Medium tree = 3,000 Mulberry Apricot Per Tree Per Tree Tall tree = 16,000 Small tree = 6,000 Medium tree = 10,000 Small tree = 6000 Nonehal = 3,000 Walnut Per Tree Small tree = 4,000 Apple Per Tree Medium tree = 8,000 Grapes Per Tree Tall = 16,000 Fuel wood/ shade Trees Willow Per Tree Tall tree = 5000 Small tree = 2,000 Chinar Per Tree Tall tree = 5,000 Safeda Nounehal = 1,000 Allowances Vulnerable AFs** * One Acre = 8 Kanals Equal to 2 month minimum salary/afs 14,000 ** Two months of minimum salary in project areas (Rs. 7,000 per month). *** Temporary land will be used for construction activities and camps by the contractor. The contractor will acquire this land on lease for four years. The contractor will be bound to pay at least the proposed amount as well as return the land in its original condition. The lease rate/acre is based on the prevailing lease rates in the area. The lease agreement will be settled between the owner of the land and the contractor. The contractor will frame the lease agreement at the time of taking over of land

29 IV. ASSESSMENT OF IMPACTS 37. This chapter discusses the impacts due to the project interventions. The assessment of the projects impacts on land, structures, crops, and tress losses has been made by well trained and experienced team comprising sociologist, environmentalist, ecologist, civil engineer and resettlement expert during census survey conducted in February 2012 along with the PMU staff. Assets inventory of the affected households was re-conducted by Revenue Department in June 2012 with the involvement of PMU staff which is attached at the end of the report. A. STRATEGY FOR LAND ACQUISITION AND RESETTLEMENT MINIMIZATION 38. In keeping with the ADB SPS 2009, technical design was adjusted to avoid or to minimize impacts especially wherever possible. The following specific measures will be applied to avoid and minimize the likely resettlement impacts of the Thak Nullah HHP. (i) (ii) (iii) The rehabilitation and improvement work to the extent possible will be accommodated within the existing facilities premises and will not involve any significant LAR. If land acquisition cannot be avoided, land will be purchased from landowners with their consent and willingness at the current open market prices as negotiated and finalized by LAC through procedures as outlined in the LARF and incorporated into the Entitlement Matrix for this program. Vulnerable people losing more than 10% of their land will receive Vulnerability Allowances (The detail of vulnerable families are provided in para 61, 62 Table 10) which will enable them to restore and or improve their livelihoods. In addition, each vulnerable family member will also be provided one permanent job 39. Requisite stipulations regarding all socio environmental issues identified in EMP of IEE report will need to be included in the bid documents and contractual agreements with contractors and their compliance will be monitored. B. POTENTIAL LAND ACQUISITION AND RESETTLEMENT IMPACTS 40. Overall, the project will require a total of acres of land for project implementation. It includes acres of permanent land and acres of temporary land acquisition. Out of this acres of permanent land acquisition, ROW of Babusar Chilas Road owned by National Highway Authority Pakistan (NHA) will also be affected due to laying of penstock pipeline. This will involve overtaking of acres of barren land including breast walls measuring m³ and drain measuring 16,974.4m 3 along the road. A cash compensation of Rs million against these damages will be made to NHA for which an NOC will be obtained. A copy of cost estimate and damages occurred to NHAROW provided by NHA is attached as Appendix 5.The affected /damaged section of the NHA Road ROW will be rehabilitated by the NHA. The remaining permanent land acquisition includes1.166 acres private cultivated land, acres uncultivated private land, acres barren private land and acres government barren land. 41. In addition to land acquisition, overall 6 private structures with 2 houses measuring

30 m 2, 2 boundary walls measuring m 3, one cattle shed measuring m 2 and one garage measuring m 2 will be affected due to construction of penstock pipe. All these structures will be fully affected. 42. Apart from this, 4 community based structures including a portion of Madrasa measuring m 2, one room built for civil supply Chowkidar room measuring m 2 and two boundary walls measuring an area of m 3 including boundary wall of dispensary and two water channels having an area of m will partially be affected due to laying of penstock pipe. These community structures will be rehabilitated by the EPC contractor for which complete safeguards will be kept in tender documents of EPC contractor. However, the private structures will be compensated according to the valuation of these structures and unit rates as discussed in Section D of Chapter III. 43. After the final verification of the affected assets conducted by the Revenue Department along with PMU staff two houses has been found to be affected by the laying of penstock pipe instead of four house mentioned earlier in the report. The detail of these houses is given in para Population displacement due to project implementation is insignificant and therefore, no resettlement is needed. Based on land and non-land impacts, the project will impact a total of 34 families with a total of 377 family members 45. All AFs are Sunni Muslims and ethnically Shina speaking. As they have a similar livelihood and same culture of peoples residing in other parts of Diamer District therefore, they are neither tribal nor minority people. The ADB s Policy on Indigenous People, as specified in the SPS 2009, is not triggered. 46. No women in the project area are head of any family so they do not have to face any socioeconomic impacts. However, during the construction of the project there will be a negative impact on the free movement of women in the area. Movement of heavy and extended number of vehicles during the construction activities would create hurdle in the free movement of women. However, the effect is temporary and would be managed by arrangement of time schedule with the contractor. The widow headed family was amongst the affectees of NHA road section of the project area. All these affectees including widow has already been compensated by NHA. According to the final verification conducted by land revenue department there does not exist any widow headed family. 47. The proposed Thak Nullah HPP will require low level involuntary resettlement and land acquisition for the project implementation. The scope of land acquisition/other economic assets and resettlement impacts for each identified part of the project are given below. C. IMPACTS ON LAND DUE TO CONSTRUCTION OF PROJECT STRUCTURES 48. Land: An area of acres of land will be acquired permanently for construction of various project structures. Out of this, acres is private cultivated land, acres is uncultivated private land, acres is barren private land and acres of barren NHA owned land of Babusr Chilas road ROW. The following Table 5 gives detail of permanent land acquisition for the construction of various project structures of Thak Nullah Hydel power project. Inventory of the AFs losing land and other economic assets is provided in Appendix

31 Sr. No. 1. Table 5: Permanent Land Acquisition due to Construction of Project Structures Location Laying of Penstock Pipe No. of AFs Private Cultivate d Land Private Un- Cultivated Land Type of Land Private Grassy Land Private Barren Land NHA Owned Barren Land Total Land (Acres) Connecting Channel Sand Trap Fore Bay and Spillway Powerhouse and Tail race Intake Weir Total Note * The affectee is losing one cattle shed not land. 49. The acquisition of private land will affect 34 households comprising of 377 persons. These affected families are legal titleholders. All affected families (AFs) are Muslim and ethnically belong to Shin. There are neither tribal nor minority people amongst the AFs, and all affected land is held in private or government ownership. The ADB s Policy on Indigenous People, as specified in the Indigenous Peoples Development Framework (IPDF) prepared for the program is not triggered. 50. Out of the 34 families, 20 families will lose less than 5% of their individual landholdings, whereas 6 AFs will lose more than 10% of their landholding. Among the total households, 20 households are small farmers with landholdings not more than 5 acres as shown in the table below. The crops grown are mainly wheat, vegetables and fodder. Compensation for these crops damage will be provided. Land Holding Pattern Table 6: Extent of Impact on Agriculture Land Extent of Impact on Land (Affected Households) <5% 5-10% >10% Total Upto 1 Acre >1 to 2.5 Acres >2.5 to 5.0 Acres Total D. IMPACTS ON OTHER ECONOMIC ASSETS DUE TO CONSTRUCTION OF PROJECT STRUCTURES 51. In addition to land, other economic assets such as houses, boundary walls, shed, crops and trees will also be affected due to implementation of project structures. All the affectees will be compensated according to the prevailing market rates determined by GBPWD in consultation with the

32 affectees of the project area. The following Table 7 shows loss of various economic assets due to implementation of different project structures. Table 7: Loss of Economic Assets for Thak Nullah Hydropower Project Sr. No Location Description No. of AFs Total Units 1. Laying of Penstock Pipe Crop Compensation 4 - Wheat 1120 Kg. - Vegetables 720 Kg. - Fodder 600Kg 2 No. Private Boundary Walls m 3 2 Nos. Houses m 2 Garage m 2 Cattle Shed m 2 Community Madrasa m 2 Community Boundary wall of m 3 Madrasa Community Boundary Wall of m 3 Dispensary Community civil Room for m 2 Chowkidar 2 No. Community Water m Channel Fruit Trees 5 - Peaches 2 Nos. Medium - Mulberry 3 Nos. Tall 6 Nos. Small Shade Trees - - Chinar 1 No. Tall - Willow 1 No. Tall 4 Nos. Small NHA Road ROW Damages - Brest Walls - Drains m 3 16,974.4m 3 2. Construction of Fore bay, Spill way Fruit Trees 3 - Grapes 1 Nos. Tall - Mulberry 1 No. Small - Apricort 1 No. Nounehal - Wallnut 1 No. Nounehal Shade Trees - - Sufeda 9 No. Nounehal 52. Affected Crops: As a result of construction of project structures, acres of cultivated land owned by 4 families will be affected. There are 4 affectees which will lose crops. At the time of survey only 4 affectees were found who had crop standing on the affected part of the land. The affectees will be compensated according to the prevailing market rates as determined by GBPWD with negotiation by the affectees

33 53. Boundary Walls: Stone made two no. of private boundary walls measuring m 3 to protect agriculture land and houses will be affected. These two affectees will be compensated at the agreed rate finalized by GBPWD according to the prevailing market rates. All AFs are entitled to take the salvage material from these affected structures for their personal use. 54. Houses: Two numbers of houses measuring m 2 and one garage measuring m 2 will be affected by laying out of penstock pipe. These structures are built up of stone and mud. The owners of these houses will be compensated at the agreed rate finalized by GBPWD according to the prevailing market rates. 55. Cattle Shed: One cattle shed built-up of stone and mud measuring m 2 will be affected by laying out of penstock. The owner will be compensated at the agreed rate finalized by GBPWD according to the prevailing market rates. 56. Affected Trees: It is estimated that 30 private trees owned by 8 AFs will be affected due to the construction of project. Of these, 15 trees are fruit trees and 15 trees are fuel wood trees. Among the fruit trees, there are only 4 nos. tall and 2 nos. medium fruit bearing trees, Rest of all the trees are non fruit bearing and have been categorized as small and Nounehal (young plants). The respective private owners will be compensated based on the negotiated rates finalized by GBPWD according to the prevailing rates in the area. The AFs receiving compensation for trees will be allowed to take timber of their acquired trees for their domestic use. 57. Community Based Structures: Apart from private structures as mentioned above, 4 community based structures including a portion of Madrasa measuring m 2, one room built for civil supply Chowkidar measuring m 2, two boundary walls (including boundary wall of dispensary and Madrasa) measuring an area of m 3 and structures of two water channels measuring m will partially be affected due to laying out of penstock pipe. These community structures will be rehabilitated by the EPC contractor for which complete safeguards will be kept in tender documents of EPC contractor. E. IMPACTS ON LAND DUE TO CONSTRUCTION OF TRANSMISSION LINE AND GRIDSTATION 58. Impact on Land due to Construction of Transmission Line: A 33kV Transmission Line has been proposed from the power house to the proposed Grid Station at Jaldas, Chilas town. The route of T/L passes through barren govt. land along the existing road and transmission line and enters the proposed grid station. The proposed route along existing transmission line would require acres of barren government land for installation of 55 no. of towers. 59. Impact on Land due to Construction of Grid Station: Location of the Grid station is proposed in barren government land in Jaldas, Chilas town which is approachable through existing katcha track. About 0.5 acres of land would be required permanently for the construction of grid station involving no resettlement. Table 8 shows detail of land to be acquired permanently for construction of transmission line and grid station

34 Table 8: Permanent Land Acquisition due to Construction of Grid Station and Transmission Line Sr. No. Location No. of AFs Cultivated Type of Land Un- Cultivated Barren Total Land (Acres) 1. Grid station (Govt. Land) kv Transmission line (Govt. Land) Total F. IMPACTS DUE TO TEMPORARY LAND ACQUISITION 60. Temporary Land: Total area for temporary acquisition is estimated at acres, which is privately uncultivated land as shown in Table 9. This land area will be needed for construction of camps and will be acquired on lease for four years period. During the local consultations held during the site visit of the project area the locals agreed to lease their land for project activities based on the prevailing lease rates in the area. Sr. No. Table 9: Temporary Land Acquisition for Thak Nullah Hydropower Project Location Type of Land Land Area (Acres) 1. Construction of Camp Sites Un-cultivated Total Temporary land will be used for construction activities and camps by the contractor. The contractor will acquire this land on lease for four years. The contractor will be bound to pay at least the proposed amount as well as return the land in its original condition. The lease rate/acre is based on the prevailing lease rates in the area. The lease agreement will be settled between the owner of the land and the contractor. The contractor will frame the lease agreement at the time of taking over of land. G. VULNERABILITY IMPACT ALLOWANCE 62. The vulnerability impacts allowance will be paid to the affectees losing more than 10% of their total land. Keeping in view the small land holdings of the affectees of the project area, six AFs losing more than10% of their land have been identified. The detail of these AFs is given in Table 10 below. Sr. No. Table 10: Affectees Eligible for Vulnerable Allowance Name of Affectee Village % of Loss 1. Rifat ullah s/o Pir Jan Khun Mayoon s/o Ismail Jal Khurshid s/o Samar khan Khun Siraj Din s/o Khoidad Khun Juma Khan & Sons Khun Abdul Hadi s/o Haji Satmar Khun

35 63. A vulnerable allowance equal to two months salary i.e Rs. 7000/month to support and improve their livelihoods will be given. One family member from each vulnerable family will also be provided project related jobs like driver, mechanic, gardener (mali), guard (chowkidar), peon, cook, sub engineer, supervisor etc during construction period as well as permanent jobs after the completion of the project in addition to vulnerability impact allowance. The GBWPD will monitor and report the progress on availability of jobs to the vulnerable AFs. Appendix 4 already includes detail of these Vulnerable AFs. H. POSITIVE IMPACT OF THE PROJECT (INDIRECT BENEFITS) 64. There are (present) electricity consumers in Chilas and surrounding areas. Of these (87%) are domestic, 2079 (10%) are commercial, whereas 624 (3%) are industrial. The total power demand is 17.5 MW however; the total installed capacity of hydel and thermal power plants in chilas and Surronding Areas at present is 4.9 MW. Thus there is a shortfall of 12.7 MW. Unless new sources of power are added, the situation is likely to aggravate with time as the demand is projected to increase to 18 MW by 2015.The proposed 04 MW plant will be an important project for bridging the widening gap between demand and supply. 65. No drinking water supply is available in the project area. The whole of the population depends on streams and Nullahs for drinking water. It has therefore been decided to provide drinking water supply scheme at Dewaray and Jal villages on the demand of villagers. The provision of water supply scheme planned under the project will be a significant development. It is planned that the EPC contractor will establish water supply scheme in these villages. 66. Details of the design and layout of the EPC contractor's water supply and distribution systems etc. shall be submitted to the Engineer for approval prior to construction. Adequate storage shall be provided to meet peak demand requirements. These facilities shall be handed over to the local authorities at the end of the project. 67. Availability of power would reduce consumption of fuel wood by villagers for heating and cooking purposes. 68. The project will provide about 200 skilled and unskilled jobs during the construction phase and about 20 number of jobs during project operation to locals. 69. Hydropower is a clean and renewable source of energy and its use instead of thermal power reduces the emission of pollutants such as carbon dioxide (CO 2 ), particulate matter (PM), sulphur dioxide (SO 2 ), carbon monoxide (CO) and oxides of nitrogen (NOx), and hydrocarbons. The annual reduction in the production of CO 2, the main greenhouse gas, as compared to a power of similar capacity operating on oil, gas, or coal is shown in Table below. It is estimated that more than 28,732 tons of carbon dioxide emission will be saved annually by using hydropower rather than fossil fuels. Reduction in Annual Greenhouse Gas Emission Fuel Source Oil Gas Coal Total Saving (tons 26,427 21,427 35,712 CO 2 )

36 V. SOCIO-ECONOMIC PROFILE A. FIELD INVESTIGATION METHODOLOGY 70. As part of the LARP preparation, a social impact analysis was carried out along the entire project area by a team of social investigators and two patwaris (a revenue department functionary at the lowest level to maintain land records) led by a social development specialist. One senior official from GBWPD was part of the impact assessment team. Field visits were undertaken from 28 th April to 7 th of May 2008 and 25 th June to 2 nd July Assets inventory of the affected households was reconducted in February 6 to 12, 2012 with the involvement of PMU staff whereas final verification of affected assets was concluded by Revenue Department along with PMU staff in June Final inventory of affected assets as verified by revenue department is attached as Appendix In view of the nature and scope of work, various techniques were employed to collect quality and representative data mostly from primary sources to accomplish the objectives of conducting socio-economic assessment of the project area. In this regard, following survey tools were used in the field to carry out the study. (i) (ii) (iii) (iv) (v) Transect walk - A transect walk of the entire project area was conducted to determine the magnitude of land acquisition, resettlement losses and likely resettlement risks. Census survey A complete census/ enumeration of assets was done for 100% of the affected persons. Asset inventory - Physical measurements were carried out regarding the size of affected structures for the preparation of the asset inventory. Socio-economic survey To prepare socio-economic profile a general survey of the various categories of affected persons was carried out. Consultations/ focus group discussions Focus group discussions and scoping sessions were conducted with the affected persons. B. SOCIO-ECONOMIC ENVIRONMENT 72. Gilgit Baltistan lying in the extreme north of the country are officially designated as Gilgit Baltistan (GB) province. This province borders Khyber Pakhtunkhwa to the west, Afghanistan to the North, China to the northeast, the state of Azad Jammu and Kashmir (AJK) and Indian occupied state of Jammu and Kashmir to the south and southeast. Administratively, GB is divided into 7 districts namely Astore, Diamer, Ghizer, Gilgit, Hunza-Nagar, Ghanche and Skardu. Gilgit town is the political and administrative headquarter of GB. Other important urban centers include Skardu and Chillas. The Thak Nullah project area lies in Chilas town, district Diamer. 73. Diamer has historically been a strongly patriarchal society with strong cultural mores and a heavy influence of orthodox clergy. The area is predominantly Sunni with history of fractious relations with other sects communities in neighboring districts. 74. District Population: According to 1998 census, 274 villages in Diamer district have population of 135,000 human beings residing in 31,300 households. The project area falls in the Thak village limits of the Diamer sub-division. The village limits include all the villages in the Thak valley

37 Total population of Thak valley in 1998 was 4,300 and the present population is estimated at the growth rate of 2.74 % per annum to be 6, Project Area Population: The population of villages falling within the project site has been obtained and shown in Table 11. A total of seven villages fall within the socio-economic influence of the project. Their population according to field survey conducted in 2012 is 3510 living in 309households. The average no. of persons per household is Table 11: Socio-Economic Indicators of Villages Falling around Project Area S. # Villages Population 2012 Total No. of Households House- hold Size 1. Khun Shigle Kot Dewaray Sar Ghanch Jal Total Source: Primary data collected in February, It was observed during the field survey that on the whole, all AFs had their own houses along the project corridor. Majority of the population consists of small farmers who have a nomadic pattern of life. These nomadic families with their livestock move to summer pasture for six months where women are responsible for most of the animal rearing. The elder of a house is responsible to look after all the social matters and other activities of the house including income and expenditure. 77. Education Facilities; The education facilities are poor in the project area as only one middle school exists in the whole project area.the literacy rate of the area is very low as compared to rest of the region and country with men s literacy rate at 9 % where as that of women s is <1 %. In a population of 135,000 of Diamer district there is only one high and five primary schools for girls in relation to hundreds of schools for boys. The 91% illiteracy rate show a dismal picture of the literacy rate of the area, particularly, the literacy among women is almost nonexistent as there is no girl s schools in the surveyed villages of the project area. 78. Health Services: The availability of health services in terms of hospitals, health clinics, dispensaries and medicines are nonexistent in the surveyed villages except one government dispensary which is presently non functional. Diseases like diarrhea, cholera, chest-infections, pneumonia, meningitis, abdominal problems and seasonal infections (cold, cough etc.) are common among the villagers. Skin disease like scabies and leishmariasis also occurs due to overcrowding mainly in winter and the later due to sand fly. TB is the most common amongst the diseases found. The people have difficulty in obtaining the necessary medicines. For serious illnesses people have to go to Chilas town for treatment and most of them cannot afford this. 79. Agriculture: Cultivated land is irrigated with irrigation channels built along mountain slopes. Wheat is the major crops along with forage. Cropping pattern is conventional and terrace and contour farming is mainly practiced. Horticulture is restricted to a few trees for domestic use and for culinary

38 purposes. Chalghoza and walnut are the main fruit trees grown in the area. Cash crops like peas and sweet pepper are also grown at a very small scale. Vegetables are grown for domestic use. 80. Livestock: Majority of the people led semi nomad life going to the high altitude pastures during summers and coming to the lower elevations during winters. Livestock has historically been the mainstay of economy and a strong reason for this nomadic pattern. Physical condition and general health of the animals is good due to availability of fodder. Sufficient grass and grazing areas are available. Animal diseases cause considerable losses to the livestock. There is need for introducing improved varieties to encourage people to keep more animals. 81. Sources of Income: Table - 12 shows main source of income of economically active population in the surveyed villages. Agriculture is the dominant sector as it is reflected at 76% in the villages around the project site. However, most of these 76% go for part time labour as and when available. Table 12: Sources of Income in Surveyed Villages Sr.# Occupations No. of Persons % 1. Agriculture/ Forestry/Livestock/Fishery Business Service Labour Total: Source: Primary data collected in February, Table 13 below gives the average annual income of the households ranges between 80,000 and 300,000. Table 13: Average Annual Income per Household in Surveyed Villages %age of Population Annual Income (Rs) 55 < 84, , , , ,000 5 > 250,000 Source: Primary data collected in February Their income is more in kind than in cash. They grow their own wheat, eat and rear their own animals, use their milk, butter and meat as well as poultry for eggs and meat, grow peas and sweat pepper to earn cash. About half of the population (Table 11) have annual income less than Rs. 84,000 (i.e minimum monthly wages of labour Rs.7000 as fixed by the GOP) 84. Electricity: All AFs of sampled population had an electricity connection but were complaining regarding regular power failures. 85. Sanitation: Sanitation services in terms of sewerage system, wastewater treatment, drainage and solid waste management are non-existent in the surveyed villages. Therefore the project area is characterized by inadequate sanitation conditions. In surveyed villages of the project area 98% of the households use open space for excretion

39 86. Source of Drinking Water: Whole of the population of the project area depends on springs and Nullahs for drinking water. Main responsibility to collect water from springs and Nullahs lie with the women of the project area. 87. Role, Position and Status of Women in the Project Area: Life in the villages is entirely male dominated and women face many problems due to restricted mobility, lack of decision-making, poor access to social services, limited productive employment opportunities, early marriages, no family planning practices and no awareness about health and hygiene. The women often suffer from health problems after childbirth and there are no regular immunizations of the children. Women take all responsibilities including taking care of household activities, bringing up of children, agriculture (sowing, watering, weeding) and livestock. C. SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS 88. In total, the census inventory identified 34 affected households with 377 APs (Appendix 4). The majority of population belongs to Sunni school of thought. The average size of a household is The majority of the population is living in a joint and extended family system with all family members, even the married son, living under one roof but managing family affairs under the authority of father, as head of the family. A few of the population is also living as a nuclear families. 89. All heads of households are male. About 95% affected households are headed by married men while 5% affected households are headed by unmarried men. The sex ratio of the AFs has been found to be 101 males per 100 females. These women are contributing at different extents in a number of domestic activities like fetching of water, clothes washing, livestock feeding and farming activities. 90. The education facilities in the project area are poor. The number of educational institutions in the surveyed villages of the project area is almost nil. Only one middle school and a Madrasa exist in the project area. To obtain higher secondary education the students of the project area have to travel to Chils, Gilgit, Mansehra or Abbottabad and Rawalpindi/Islamabad. The literacy among women is almost nonexistent as there is no girl s school in the surveyed villages of the project area. 91. Among the AFs, farming is the dominant occupation followed by wage labor in-off farm activities. 76% households have more than one source of income other than agriculture. About 8% affected families (AFs) are engaged in government services such as teachers, clerk and particularly in military service. No woman was found in the service sector. 92. On an average every household has 2 cows, two donkeys, 2 mules, 3 goats, 4 sheep, and 5-6 chicken. Majority of the population consists of small farmers who have a nomadic pattern of life. These nomadic families with their livestock move to summer pasture for six months. Meat, milk, butter and eggs are the main animal/poultry products but most of these are consumed at the household level. At some places milk, Ghee (butter), meat, animal hides, wool and poultry are sold and are the source of income of most of the families. 93. The average annual income of the households is Rs. 101,100 and ranges between Rs.80,000 to 300, The information on the possession of consumer durables and electronic appliances and other household items show that 16% households have television sets. Out of total 18% owns

40 refrigerators whereas 66% households do not own any electronic gadgets except radio. 95. During field survey it was observed that all AFs had their own houses along the project corridor. Of the total houses, 80% are stone and mud made with simple roof mostly thatched and floor while the remaining 20% are made with cement and concrete blocks. 96. Only 2% of the total population of the project area has the facility of flush and septic tank. The remaining 98% of the project area population go for field defecation. 97. Information collected in respect of availability of social amenities indicates that all AFs of sampled population had electric connections but were complaining about the irregular supply due to load shedding. 98. No drinking water supply is available in the project area. The whole of the population depends on streams and Nullahs for drinking water D. INDIGENOUS PEOPLE 99. The project areas consist of many diverse linguistic, ethnic and religious groups living in many isolated valleys intercepted with some of the world's highest mountains. The major groups are divided into various ethnic groups including Syed, Shin, Yashkun, Kamin and Dom. The communities living together share common cultural, linguistic and historical heritage gone through the transformation process on various economic, political, and education fronts. The transformation process through expansion of state system education, trade, tourism and out migration working with major cities of Pakistan in formal and informal sectors and abroad had integrated the local inhabitants to the ideas, traditions, cultures and languages of Pakistan. None of the households are tribal or minority members and all affected land is held in private ownership. It would thus be difficult to apply to any one of these groups the notion of IP as defined by the ADB policy which is based on the idea of discrete groups Therefore, standard provisions of the Land Acquisition and Resettlement Framework are sufficient to ensure an effective compensation process and the requirements of ADB Policy on Indigenous People as specified in the Indigenous Peoples Development Framework (IPDF) prepared for this project is not triggered

41 VI. CONSULTATION AND DISCLOSURE A. CONSULTATION UNDERTAKEN FOR THE LARP 101. Consultations were carried out through focus group discussions, public meetings, community discussions with key stakeholders, and formal meetings with government officials, to ascertain their views and identify their needs and preferences for compensation measures. During the consultation, the stakeholders were informed about the project and their concerns were recorded. Views on compensation and related issues were also discussed with the persons likely to be affected by land acquisition. Photographic documentation of the scoping sessions and consultations are placed at the end of the report Consultation with stakeholders at the different stages of the project is required by ADB s Policy on Involuntary Resettlement and as provided for in the LARF. Following this requirement, a team of social investigators and patwari (a revenue department functionary at the lowest level to maintain land records) led by a Social Development Specialist along with staff from GBWPD conducted the field surveys in May 2008, and June Assets inventory of the affected households was re-conducted by Consultant in February 6 to 12, 2012 with the involvement of PMU staff. The team undertook public consultations during the survey. The list of participants is given in Appendix 5. The main concerns of the participants are summarized below. B. MAIN CONCERNS OF THE PARTICIPANTS 104. During the consultation, the concerns and comments by the stakeholders comprised the following: i) No one expressed any concerns by the project itself. Everyone welcomed the project. ii) iii) iv) During the Babusar Chilas road construction by NHA, compensation was not paid to AFs in timely manners. GBWPD should not repeat the same practice. Timely and fair compensation should be provided against the affected assets. Compensation should be at market rate, transparent, fairly executed. Some respondents had concerns on the basis of previous experiences faced during NHA road construction.. Employment during construction and operation was a major subject of discussion. The community expects that new job opportunities will be created by the project directly. v) Since landholdings are very small so the project should avoid land acquisition to the extent possible. C. COMPENSATION OPTIONS DISCUSSED 105. In addition to the focus group discussions and local consultations, preferences for compensation options were also discussed with the AFs. The first compensation priority of all AFs was for cash, rather than land or a combination of cash and land

42 106. The temporary land to be acquired for construction camps during the project construction activities was discussed with the locals of the project area. The locals of the area were ready to lease out their land for project activities at prevailing lease rates in the area. D. GB-WPD RESPONSE TO THE COMMUNITY CONCERNS RAISED DURING CONSULTATION 107. The GBWPD was very positive on the concerns of the affectees. i) They ascertained that they will pay the agreed upon compensation promptly. ii) iii) iv) The compensation amount is decide and declared by the DLC after negotiation with the affectees as well as according to the prevailing market rates in the area. The GB WPD also agreed to put a clause in the contract document regarding the employment of the unskilled and skilled labour from the local population. The GBWPD assured the affectees that the efforts will be made during design to take less land as far as possible. E. MEETINGS WITH LINE DEPARTMENTS 108. Staff visited line departments on February 8 and 10, 2012 to obtain information on various aspects such as fisheries, wildlife, agriculture, health and land acquisition. The information collected was used in the preparation of LARP/IEE reports. The record of meetings/discussions held with the officials of these departments is given in Appendix 5. F. INFORMATION DISCLOSURE PLAN 109. LARP has been prepared in close consultation with Affected Families. Each AF will be personally informed about the project, compensation, entitlements and procedures. The AFs will be thoroughly informed of impacts and their preferences on compensation and/or other assistance In line with ADB s public communications policy, this LARP in English will also be posted on the ADB website.the summary of LARP will be prepared in Urdu and disclosed to AFs in various locations in project area villages i.e. Khun and Dewarey, Project Directorate office and local Union Councils upon approval from ADB. GB-WPD will be responsible to ensure LARP as a public document is available to the affected families for the duration of the project. G. FUTURE CONSULTATION 111. Consultation will be continued during different stages of the project implementation. This can be done through careful LAR design and implementation, by ensuring full participation and consultation with the AFs, and by establishing extensive communication and coordination between the community, PMU and the district governments. The objective of the consultation will be to discuss timing of work, overall schedule, minimizing disturbance to locals, and public safety issues

43 VII. INSTITUTIONAL ARRANGEMENTS 112. The institutional setup for LARP Implementation will consist of the following agencies; Gilgit Baltistan Water and Power Department (GBWPD) as Executing Agency Project management Unit as implementation agency Provincial Government of Gilgit Baltistan Environmental Protection Agency, and, District government of Diamer (District Land Collector) 113. Specifically, the detailed responsibilities of each department/agencies involved in the compensation process are given below; 114. Gilgit Baltistan Water and Power Department (GBWPD): Executing agency, comprises office of the secretary GBWPD, has overall responsibility for the financing and policy direction including compensation process. The Executing agency will execute for the project through PMU tasked with day to day project activities. The institutional setup for LARP Implementation is shown in Figure Project Management Unit: The various departments will exercise their functions through the Project Management Unit (PMU) which will be responsible for the project execution headed by a full time Project Director. In this regard, a well defined institutional structure has been placed in the PMU and staff has been assigned to specific roles associated with the process of LARP implementation. The PMU will provide technical supervision, execution of the project, and ensuring compliance to the local laws and ADB policies and procedures Environment and Social Development Cell (ESDC) will be established within the PMU, headed by the Project Director, before the start of compensation process, which will be accountable and responsible for implementation of the LARP. The ESDC will initially consist of two members: An environment specialist, and, A resettlement specialist 117. They will be directly hired by GB-WPD to provide technical assistance in implementation of the environment and resettlement plan. The ESDC will work in close cooperation with the respective field-based offices on day-to-day activities of LARP implementation as well as maintaining of databases. The GBWPD will be responsible for internal monitoring The PMU will ensure that LARP is prepared and approved prior to awards of contracts. ESDC will supervise and will be responsible for the implementation of LARP. The PMU will ensure resettlement budgets are delivered on time to the competent authority and all payments are made prior to possession of the lands and at least 2 months before possession. The responsibilities of the ESDC with respect to resettlement issues are to: i) Meet the Affected Persons Committee (APC) and AFs formally and informally as often as may be necessary to hear the views of local people and communities regarding implementation of the project;

44 ii) iii) iv) Check and validate elements of the LARP where requested by the PMU; Meet as a committee at least monthly to discuss project progress, complaints and issues raised by the AFs, and report on these matters to the PMU; and Assist the AFs in resolving complaints by discussion with the Project Director and the Contractor on site where possible, and if this cannot be resolved, assist the AFs in presenting the case to the Grievance Redress Committee (GRC) if requested, provided the committee understands that the complaint is justified Land Revenue Department: Land Acquisition Collector (LAC)/ District Revenue Officer (DRO), with the involvement of ESDC\PMU is responsible for acquiring the identified land/s from the respective landowners and paying the due compensation money to the affected landowners according to procedures laid down in LAA, 1894 and the Entitlement Matrix (Table 3). Once land acquired and the compensation paid to the AFs, LAC will hand over possession of the acquired lands to the PMU for utilization in the Project construction Affected Persons Committee (APC): PMU will establish two APC in Khun and Dewarey villages comprising three AFs headed by an elected member of the area before the start of compensation process. APC will have close liaison with the GRC to resolve the issues at appropriate time Grievance Redress Committee: Grievance Redress Committee (GRC) will be established at the project level with the primary objective of providing a mechanism to mediate conflict and disputes concerning compensation payments to avoid lengthy litigation. The committee will be comprised of following members; The Project Director ESDC A representative of revenue department An elected representative of local community Three representatives of affected families The complaints will be forwarded by the Affected Persons Committee (APC) to the GRC located at PMU office Chilas The function of the GRC will be to; support AFs on problems arising out of their land and property acquisition; record the grievance of the AFs, categorize and prioritize the need to be resolved by the Committee; report the aggrieved parties about the development regarding their grievances and the decision of the project authorities Grievance Redress Mechanism: A grievance mechanism will be available to allow an AF appealing any disagreeable decision, practice or activity arising from land or other assets compensation through Affected Persons Committee (APC) at village level. AFs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during

45 consultation, survey, and time of compensation. The complaint and grievances will be addressed through following process; First, complaints resolution will be attempted at village level through the involvement of the APC. If still unsettled, a grievance can then be lodged to the GRC who has three weeks to decide on the case. The PMU/GRC will provide the decision within 21 days of registering the complaint. The PMU decision must be in compliance with LARF provisions. Should the grievance redress system fail to satisfy the AF, they can further submit their case to the appropriate court of law as per the process set out in Sections 18 to 22 of the LAA (1894) Care will always be taken to prevent grievances rather than going through a redress process. This can be obtained through careful LAR design and implementation, by ensuring full participation and consultation with the AFs, and by establishing extensive communication and coordination between the community, PMU and the district government

46 Figure 2: Institutional Setup for LARP Implementation ESDC EA Financing Approval and policy direction DLC Diamer for Award payment PMU LARP Implementation GRC

47 VIII. LARP BUDGETING AND FUND FLOW MECHANISM A. BUDGETING 126. The land acquisition and other costs will be financed by the Executing Agency (EA). Agreed upon rates has been submitted to Revenue Department for approval by EA and will ensure prompt provision and smooth flow of funds in an efficient and timely manner. B. FUND FLOW 127. To ensure the availability of funds for LARP tasks the EA will deposit the required funds for compensation at replacement cost including 15% CAS plus 10 percent contingencies to the LRD for fair and timely disbursement of compensation payments to AFs Payment of compensation will be made no later than 60 days (2 months) prior to the actual possession of the acquired lands or structures. AFs eligible for compensation will be given advance notice of the date, time, and place of payment through public announcements. No land will be possessed by the LAC or handed over to the EA for commencing construction works without full payment of due compensations to the affected landowners. However, in case of a dispute, the assessed/allocated amount of compensation will be pledged in the names of the concerned AFs, pending a decision by the court in accordance with LAA. C. LAND ACQUISITION COSTS 129. Land acquisition cost consisting of permanent and temporary land acquisition is given in Table 14 and 15 respectively. Table 14 Cost of Permanent Land Acquisition for Thak Nullah Hydropower Project Total Unit Cost Sr. No. of Total Cost Location Type of Land Units Million No. AFs Million Rs. Acres Rs./Acre Private Cultivated land Penstock Pipe and Approach Private Un-cultivated Land Road Private Grassy Land Private Barren Land Connecting Channel and Approach Road 1 Private Cultivated Land Sand Trap and Approach Road 1 Private Cultivated Land Fore bay, Spillway Channel & Private Cultivated Land Approach Road Private Un-cultivated Land Power house and Tail race 3 Private Barren Land Weir Intake 4 Private Cultivated Land Private Grassy Land NHA Owned Land - Barren Land Total % CAS Grand Total

48 Sr. No. Table 15 Cost of Temporary Land Acquisition for Thak Nullah Hydropower Project Location Type of Land Total Units Acres Unit Cost Million Rs./Acre/Year Total Cost Million Rs. Un-cultivated land 1. Construction camps (on lease for 4years period)* Total * Rates are based on in consultation with the locals of the project areas. D. COMPENSATION COST OF ECONOMIC ASSETS 130. The construction of project structures will impact on other economic assets for which compensation costs have been calculated as shown in the Table 16 below. Table 16: Compensation Cost for Economic Assets Sr. No Location 1. Laying of Penstock Pipe and Approach Road 2. Construction of Fore bay, Spill way and Approach Road Description No. of AFs Crop Compensation 4 Total Quantity Unit Rate (Rs.) Total Cost (Rs.) - Wheat 1120 Kg. 22 / kg. 24,640 - Vegetables 720 Kg. 25 / kg. 18,000 - Fodder 600Kg 20 / Kg 12,000 Private Boundary Wall m /m 3 70,200 Private Boundary Wall m /m 3 39,601 2 Nos. Houses m 2 17,222.18/m 2 4,143,984 Garage m 2 17,222.18/m 2 480,000 Cattle Shed m /m 2 600,060 Fruit Trees 5 - Peaches 2 Nos. Medium 3,000/tree 6,000 - Mulberry Shade Trees - 3 Nos. Tall 6 Nos. Small 16,000/tree 6000/tree 48,000 36,000 - Chinar 1 No. Tall 5,000/tree 5,000 - Willow Fruit Trees 3 1 No. Tall 4 Nos. Small 5,000/tree 2,000/tree 5,000 8,000 - Grapes 1 Nos. Tall 16,000/tree 16,000 - Mulberry 1 No. Small 6 000/tree 6,000 - Apricort 1 No. Nounehal 3,000/tree 3,000 - Wallnut 1 No. Nounehal 4,000/tree 4,000 Shade Trees - - Sufeda 9 No. Nounehal 1,000/tree 9,000 Total 5,534,485 E. COMPENSATION COST OF NHA ROAD ROW DAMAGES 131. The laying of penstock pipe along the NHA road ROW will result in damages to structures such as breast walls and drains. NHA has claimed the damages amounting to Rs million through their letter and damages estimate which are attached as Appendix -4. E. VULNERABILITY IMPACT ALLOWANCE 132. AFs losing more than 10% of their total land are eligible for vulnerability impact allowance. There are six AFs losing more than 10% of their total land who are eligible for this allowance which is

49 based on two months of minimum salary i.e. Rs. 7000/month. The vulnerability allowance totals to Rs. 84,000/- F. TOTAL COST OF LARP IMPLEMENTATION 133. The total LARP implementation cost comprising land acquisition cost, compensation cost for economic assets and vulnerability impact allowance is given in Table 17. Table 17: Total LARP Cost Sr. Description No. 1. Land Acquisition Cost (Rs. (Million) i. Permanent Land Acquisition Ii 15% CAS on Permanent Land Acquisition iii. Temporary Land Acquisition for construction Camps for 4 year lease period 2. Loss of Economic Assets i. Crops ii. Trees iii. Private Structures (Boundary Walls) iv. Cattle Sheds v. Garage vi. 2 Houses NHA Road ROW Damages Vulnerability Impact Allowances i. *Vulnerable People Allowance for 6 AFs * Two months of minimum salary (Rs. 7000/month) to the vulnerable people. Total Contingencies (10 %) Grand Total Total compensation payable to individual affectees against the lost assets is given in Appendix

50 IX. LARP IMPLEMENTATION PROCESS AND SCHEDULE A. LARP IMPLEMENTATION PROCESS 135. The project will be implemented over a period of four years, subject to loan approval. The GBWPD will soon initiate the process of land acquisition for construction of proposed project structures. A time-bound RP implementation schedule has been prepared in accordance with the civil works. Table 18 shows all the activities and milestones including (i) preparation and approval of LARP (ii) detailed design finalization (iii) LARP update (iv) land acquisition process through District Land Collector (v) land clearance and grievances redress and (vi) disbursement of grievance redress. Table 18: LARP Implementation Schedule Thak Nullah Hydropower Project Sr.# Activity Agency Year responsible for Start Date End Date 1 Revised Draft LARP document GBWPD/Project Consultant Approval of LARP ADB Land Acquisition for project Structures LAC Award on contract and Mobilization of GBWPD/Project contractor Consultants Possession of land for project structures LAC/GBWPD to EPC contractor Construction of contractor camps EPC Contractor Topographic survey and submission of EPC Contractor detail engineering design of Weir, Powerhouse and associated structures by EPC contractor Review and approval of design submitted GBWPD/Project by EPC Contractor Consultants Demarcation of layout on ground of all GBWPD/Project components of project Consultants/EPC Contractor Due diligence to Revise/update LARP as GBWPD/Project per EPC contractor design for weir, Consultants powerhouse 11 Dispute and Grievance Redressed GRC/Court Internal monitoring of land compensation GBWPD completion of works on all project components GBWPD/Project Consultants/EPC Contractor

51 136. The above implementation schedule is synchronized with project construction schedule under the EPC mode and the contractor will carry out detailed design of the project. The programme has been prepared under this assumption and will follow the sequence as described below: The field survey was carried out after preparation of conceptual design under feasibility studies. All the stakeholders and the affectees were informed about the project and their consent was obtained. Existing prices of land and non- land assets were also discussed with the community. A LARP was prepared. The inventory of affected assets have been verified by the Revenue Department. The land revenue Department has notified the rates of the assets based on which revised LARP has been prepared and updated. The revised LARP has to be approved by the ADB. Compensation payments will be made and the possession of land will be taken. After the selection the Contractor will be mobilized and the land will be handed over to contractor for construction of project structures. The EPC contractor shall prepare the detail design subject to the approval of GBWPD. In case some changes are approved then the approved LARP will be revised, got approved by ADB and payments made accordingly

52 X. MONITORING AND EVALUATION 137. Monitoring involves periodic checking to ascertain whether activities are progressing as per schedule while evaluation is essentially a summing up, at the end of the project, assessment of actual achievement in comparison to those aimed at during the implementation Implementation of LARP activities will be closely monitored to assess progress and to identify potential difficulties and problems. Regular monitoring will be conducted internally by GB- WPD as a whole through the PMU and approved by ADB. A. INTERNAL MONITORING 139. Internal monitoring of LARP activities will be a routine activity of PMU as part of its internal monitoring system and will be carried out during construction of project structures The ESDC within PMU at the field level will collect information for formulation and implementation of monitoring mechanisms and processes with input, output and process indicators. These indicators will form basis of the monitoring and evaluation of LARP implementation as well as the preparation monthly monitoring report on the progress of implementation of the LARP and can be categorized as follows: Process indicators: which include project inputs, expenditures, staff deployment including hiring of unskilled and skilled labour preferably form locals; Output indicators: are results in terms of numbers of affected persons compensated for their affected assets (land, crops and/or trees)and provision of job for atleast one person from each vulnerable family, Impact indicators: related to the long-term effect of the project on people s lives in the project-affected area The first two types of indicators, related to process and immediate outputs and results, will be monitored internally by PMU/ESDC. This information will be collected from the project site and assimilated in the form of a monthly progress report to assess the progress and results of LARP implementation, and adjust the work program, where necessary, in case of any delays, disputes and/or other problems. Specific activities under LARP implementation that will be monitored are the following: Information campaign and consultation with AFs on a continued basis; Status of compensation payments; Grievances redress activities; 142. The ESDC will be responsible for day-to-day monitoring of LARP activities of the project. A performance data sheet will be developed to monitor the project at the field level. The socio-economic census and land acquisition data will provide the necessary benchmark for field level monitoring, to be carried out through: Review of inventory of AFs; Consultation and informal interviews with AFs; Community public meetings

53 B. REPORTING REQUIREMENTS 143. Progress reports will be submitted to ADB on quarterly basis regarding actual achievements against target fixed and identifying reasons for shortfalls. The internal monitoring reports will cover (i) consultation with AFs and other stakeholders (ii) the number of AFs by category of impact per component (iii) status of compensation payment (iv) the amount of funds allocated for operations or for compensation and the amount of funds disbursed (v) the eventual outcome of complaints and grievances and any outstanding issues requiring management or assistance

54 APPENDICES

55 SECTION 4 NOTIFICATION APPENDIX 1

56

57

58

59 APPENDIX 2 PROPOSED LAND ACQUISITION RATES FIXED BY DLC CHILAS

60

61 APPENDIX 3 UNIT RATES FOR VARIOUS STRUCTURES AS FIXED BY GB PWD

62

63 APPENDIX 4 INVENTORY OF LOSSES OF LAND AND OTHER ECONOMIC ASSETS DUE TO PROJECT IMPLEMENTATION

64 Appendix 4 INVENTORY OF LOSSES OF LAND AND OTHER ECONOMIC ASSETS DUE TO PROJECT IMPLEMENTATION Sr. No. Name of Owner Moza Khsara No. Family Size (Marla) Total Land (Acers) Cultivated Land (Marla) (Acres) Type of Land Affected (Marla) Un-Cultivated Grassy Land Land (Marla) (Acres) (Marla) (Acres) (Marla) Barren (Acres) (Marla) Total Affected Land (Acres) % of Land Affected House (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Total of Structure Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Wheat Crops Affected (kg) Vegetables Fodder Tall Fruit Trees Medium Small Nonnehal Tall Shade Trees Medium Small Nonnehal A) Permanent Land Acquisition and Loss of Other Assets due to Laying of Penstock Pipe 1. Abdul Hadi S/o Haji Satmar Khun Juma Khan S/o Pir Baksha Sehat Khan S/o Juma Khan Latif s/o Hazarat Bilal Riaz S/o Juma Khan Lala Jan S/o Alimullah Mir Afzal S/o Alimullah Rifut Ullah S/o Pir Jan Khun Khun Khun Khun Khun Khun Khun Usman s/o Abdul Qahar Khun Mulbury (2) Molvi Abdul Khalique S/o Mir Ayaz Abdul Waheed S/o Rauf Abdul Noor S/o Umer Khan Dewaray Dewaray Parika Dewaray Abdul Naseer Dewaray Lalparwaz s/o Maira Khan Shabir Ahmed S/o Azeemullah Abdul Hanan s/o Rasheed Ibrahim s/o Mayoon Sher Muhammad Khuma s/o Ali Ullah Jal Jal Jal Jal 215, Jal Jal Abdul Baki S/o Mayoon Jal Mulbury (2) Willow (2) Mayoon s/o Ismail Abdul Bari S/o Abdul Wahab Jal Jal Dr. Abdul Ahad S/o Umer Khan Khun Chinar (1) , , NHA Road (ROW) Damages Parika

65 Appendix 4 INVENTORY OF LOSSES OF LAND AND OTHER ECONOMIC ASSETS DUE TO PROJECT IMPLEMENTATION Sr. No. Name of Owner Moza Khsara No. Family Size (Marla) Total Land (Acers) Cultivated Land (Marla) (Acres) Type of Land Affected (Marla) Un-Cultivated Grassy Land Land (Marla) (Acres) (Marla) (Acres) (Marla) Barren (Acres) (Marla) Total Affected Land (Acres) % of Land Affected House (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Total of Structure Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Wheat Crops Affected (kg) Vegetables Fodder Tall Fruit Trees Medium Small Nonnehal Tall Shade Trees Medium Small Nonnehal Jal Community Structure Dispensary (Compound Wall with Stone Masonry in 1:6 C.M Community Structure Civil Supply Chokidar Room Community Structure 2 Number of Water Channels Dewaray Dewaray Dewaray Sub-Total (A) , B) Permanent Land Acquisition and Loss of Other Assets due to Construction of Approach Road 28. Juma Khan S/o Pir Baksha Khun -- 11* Peaches (2) Mulbery (2) Willow (2) 29. Saad Khan s/o Juma Khun Mulbery (1) Mulbery (2) Willow (1) 30. Community Structure (Madrasa) Molana Abdul Khaliq Khun Sub-Total (B) C) Permanent Land Acquisition and Loss of Other Assets due to Construction of Intake Weir Abdul Hadi S/o Samad Mir Riaz S/o Satmar Abdul Malik S/o Anmbia Gohar S/o Shah Shah Barkat Khun Khun Khun Khun Sub-Total (C) 48 1, D) Permanent Land Acquisition and Loss of Other Assets due to Construction of Connecting Channel Riaz S/o Satmar Khun 249 8* Khurshid S/o Samar Khan Khun Sub-Total (D) E) Permanent Land Acquisition and Loss of Other Assets due to Construction of Sand Trap 37. Samdar Khan S/o Hadool Khun Sub-Total (E)

66 Appendix 4 INVENTORY OF LOSSES OF LAND AND OTHER ECONOMIC ASSETS DUE TO PROJECT IMPLEMENTATION Sr. No. Name of Owner Moza Khsara No. Family Size (Marla) Total Land (Acers) Cultivated Land (Marla) (Acres) Type of Land Affected (Marla) Un-Cultivated Grassy Land Land (Marla) (Acres) (Marla) (Acres) (Marla) Barren (Acres) (Marla) Total Affected Land (Acres) % of Land Affected House (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Total of Structure Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Wheat Crops Affected (kg) Vegetables Fodder Tall Fruit Trees Medium Small Nonnehal Tall Shade Trees Medium Small Nonnehal F) Permanent Land Acquisition and Loss of Other Assets due to Construction of Forebay and Spillway 38. Samadar Khan S/o Hadool Khun * Mulbery (1) Khurshid S/o Samar Khan Khun * Appricot (1) Walnet (1) Safeda (9) Siraj-u-Din S/o Khaidad Khun Grapes (1) Abdul Hadi S/o Samad Mir Khun * Sub-Total (F) 10 1, G) Permanent Land Acquisition and Loss of Other Assets due to Construction of Power House and Tailrace Abdul Rauf S/o Akbar Khan Qasim S/o Akbar Khan Abdul Rauf and Qasim Shigle Shigle Shigle Sub-Total (G) H) Permanent Land Acquistion and Loss of Other Assets due to Construction Grid Station Govt. Land I) Permanent Land Acquisition and Loss of Other Assets due to Installation of Transmission Line Towers Govt. Land J) Temporary Land Acquisition and Loss of Other Assets due to Construction of Camp Private Land Grand Total 377 7, , , , ,

67 APPENDIX 5 ESTIMATE OF NHA ROAD ROW DAMAGES PROVIDED BY NHA

68

69

70

71

72

73

74 Appendix 6 LIST OF PARTICIPANTS DURING LOCAL CONSULTATIONS

75 Appendix 6 SUMMARY OF CONSULTATION WITH STAKEHOLDERS Date: February 8, 2012 Venue: Khun Village Sr. # Main Participants Occupations of Participants 1 Riaz S/o Satmar Farmer 2 Like Zaib S/o Roop Farmer 3 Zaka ullah S/o Ambia Student 4 Muhammad Aslam S/o Mazhar Farmer 5 Mashroob S/o Spat Farmer Date: February 8, 2012 Venue: Sharat Village Sr. # Main Participants Occupations of Participants 1 Soboat S/o Saidwal Job 2 Sharif S/o Saidwal Farmer 3 Rafique S/o Rash Khan Farmer 4 Muhammad Nawaz S/o Faiz Khan Farmer 5 Akbar Rehman S/o Gul Khan Farmer 6 Fazal Rehman S/o Gul Khan Farmer 7 Rehman S/o Gul Khan Farmer Date: February 8, 2012 Venue: Kot Village Sr. # Main Participants Occupations of Participants 1 Saif-ul-Rehman S/o Samandar Farmer 2 Mujawar S/o Ahmed Farmer 3 Zaboor S/o Ahmed Farmer 4 Allah Din S/o Lajwar Farmer 5 Shuhab Din S/o Lajwa Farmer 6 Saif-ul-Din S/o Jumma Sideeque Farmer Date: February 8, 2012 Venue: Dewaray Village Sr. # Main Participants Occupations of Participants 1 Baksheer S/o Qadeem Farmer -12-

76 Appendix 6 Sr. # Main Participants Occupations of Participants 2 Bazir S/o Sadeem Farmer 3 Zia-ul-Rehman S/o Ibrahim Farmer 4 Hanan S/o Gageer Farmer 5 Rahamdil S/o Ibrahim Farmer 6 Abdul Baqi S/o Ahmed Farmer Date: February 8, 2012 Venue: Sar Village Sr. # Main Participants Occupations of Participants 1 Zaib Alam S/o Kinkho Farmer 2 Zia-ul-Haq S/o Jalo Farmer 3 Sakeel S/o Roup Farmer Date: February 8, 2012 Venue: Ghunch Village Sr. # Main Participants Occupations of Participants 1 Like S/o Ahmed Rauf Farmer 2 Abdul Rehim S/o Abdul Rauf Farmer 3 Nakleem S/o Soan Khan Farmer 4 Adil Zaib S/o Otail Farmer 5 Alam Zaib S/o Otail Farmer 6 Noor Muhammad S/o Otail Farmer Date: February 8, 2012 Venue: Jal Village Sr. # Main Participants Occupations of Participants 1 Mustafa S/o Rehmat Farmer 2 Haji Jahangir S/o Hadees Farmer 3 Taj S/o Jumma Khan Farmer 4 Ibrahim S/o Faqeer Farmer -13-

77 Appendix 6 LIST OF LINE DEPARTMENTS VISITED Organization / Person Date Place consulted (2012) Position February 9 Chilas Fishery Department Fida Alam Assistant Director February 9 Chilas Forest Department Staff Available and discussed them February 9 Chilas Agriculture Department Shabir ullah Agriculture Officer February 9 Chilas Health Department Dr. Jan Alam Acting M.S. District Headquarter Hospital Chilas February 9 Chilas Education Department Hadayatullah District Inspector of School February 9 Chilas Office of the DC Shah Zaib Saeed Deputy Commissioner February 9 Chilas NGO, DCDP Office Ashfaq Ahmed Programm Manager Reason for visit Topics discussed - Fisheries development in Thak Nullah - Catching of fish in the project areaminimal ecological flow, ecological projects in the area - Forest types / trees Location of forests / pastures - Sustainable use of forests by community - Crop calendar, Crop yield Irrigation water, Cropping Pattern - Public health situation including water supply and sanitation conditions in the project area. - Prevalent diseases - Health Department role in disease prevention and control - Existing schools in the project area - Education facilities - LAA Role of District Revenue Officer in land acquisition and payment of compensation - Redress procedures - Women status and poverty level in the area -14-

78 Appendix 6 Sr. No. Date Location / Venue Main Participant 1. May 1, 2008 Dewaray Gujar Khan Nasurdin Raiz Abdul Ahed Saidullah 2. June 28, June 29, 2008 Dewaray Basha Khon Muhammad Alim Javaid Dullah Salahudin Sarab Abdul Hadi Azizullah Gujar Khan Mir Afzal Sadiq Qayyum Babar Gujar Khan Abdul Ahed Alim Umer Roshan Mashroof Azfar Summary of Public Consultations No. of Participants Category of Participants Main Concerns of Participants 8 APs Most of people living in Thak Nullah are very poor. Jobs in the subproject should be provided to these people. During the road construction by NHA, compensation was not paid to poor APs. NAWPD should not repeat the same mistake. Landholdings are very small, to the extent possible project should avoid land acquisition. Timely and fair compensation should be provided against the affected assets. 7 APs Free electricity should be provided to the area so that the entire area should be benefited from this project. NAWPD must ensure that will turn the land in the original position and clear all the mess following the completion of construction work. We all still clearing our field from stones and boulders left by NHA for the road construction. Timely compensation should be ensured to the APs. Compensation should be paid before the start of the works. 9 APs It would be difficult for us to give our land just for monetary compensation. The government should also give jobs. Loss of people s property should be kept to the minimum. Fair and timely compensation should be ensured. The people of the area are very poor, need special care. This work should be completed within a year instead of many years. Affected trees and crops should also be compensated along with land. -15-

79 Appendix 7 TOTAL COMPENSATION PAYABLE TO INDIVIDUAL AFFECTEES

80 Appendix 7 TOTAL COMPENSATION PAYABLE TO INDIVIDUAL AFFECTEES Sr. No. Name of Owner Moza Khsara No. Total Land Compensatio n Cost. 15% CAS Vulnerable Allowance Houses (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Type of Structures Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Total Structures Cost (Rs.) Crop Compensati on on Cost (Rs.) Trees Compensatio n Cost (Rs.) Total Compensation Payable to Affectees (Rs.) A) Permanent Land Acquistion and Loss of Other Assets due to Laying of Penstock Pipe 1. Abdul Hadi S/o Haji Satmar Khun ,600 43, Juma Khan S/o Pir Baksha Sehat Khan S/o Juma Khan Khun ,600 27, , ,630 Khun ,400 13, , Latif s/o Hazarat Bilal Khun ,800 3, , Riaz S/o Juma Khan Khun ,400 13,110 14, , , Lala Jan S/o Alimullah Khun ,225 15, , Mir Afzal S/o Alimullah Khun 46,900 7, , Rifut Ullah S/o Pir Jan Khun ,875 51,581 14, , Usman s/o Abdul Qahar Khun ,050 14, , , Molvi Abdul Khalique S/o Mir Ayaz 11. Abdul Waheed S/o Rauf Dewaray ,100 12, , ,715 Dewaray 227 Parika ,565 28, , Abdul Noor S/o Umer Khan Dewaray ,100 6, , Abdul Naseer Dewaray ,700 2, , , , Lalparwaz s/o Maira Khan Shabir Ahmed S/o Azeemullah Abdul Hanan s/o Rasheed Jal ,600 5, ,940 Jal ,400 4, ,260 Jal ,400 4,860 1,641, ,641, ,678, Ibrahim s/o Mayoon Jal 215, ,200 9, , Sher Muhammad Jal ,800 2, , Khuma s/o Ali Ullah Jal ,400 4, , Abdul Baki S/o Mayoon Jal ,200 10, , Mayoon s/o Ismail Jal ,200 24,030 14, ,200 70,200 11, , Abdul Bari S/o Abdul Wahab Dr. Abdul Ahad S/o Umer Khan Jal ,400 15, , ,760 Khun ,000 5,000-1-

81 Appendix 7 TOTAL COMPENSATION PAYABLE TO INDIVIDUAL AFFECTEES Sr. No. Name of Owner Moza Khsara No. Total Land Compensatio n Cost. 15% CAS Vulnerable Allowance Houses (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Type of Structures Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Total Structures Cost (Rs.) Crop Compensati on on Cost (Rs.) Trees Compensatio n Cost (Rs.) Total Compensation Payable to Affectees (Rs.) 223 Parika NHA Road (ROW) Damages ,821, , ,458,348 7,414,126 13,872,474 17,117,182 Jal B). Community Structure Dispensary (Compound Wall with Stone Masonry in 1:6 C.M Community Structure Civil Supply Chokidar Room Community Structure 2 Number of Water Channels 207 Dewaray , , ,500 Dewaray , , ,600 Dewaray , , ,000 Sub-Total (A) 4,968, ,260 42,000 1,641, , , ,785, ,000 7,414,126 17,421,385 54,640 53,000 23,284,685 Permanent Land Acquistion and Loss of Other Assets due to Construction of Approach Road along the Penstock Pipe 28. Juma Khan S/o Pir Baksha Khun ,502, ,606 2,542, ,000 2,564, Saad Khan s/o Juma Khun , , , , C). 31. Community Structure (Madrasa) Molana Abdul Khaliq Sub-Total (B) Khun Permanent Land Acquistion and Loss of Other Assets due to Construction of Intake Weir Abdul Hadi S/o Samad Mir 1,232, ,125 1,413, ,413,125 Khun ,200 18, , Riaz S/o Satmar Khun ,450 14, , Abdul Malik S/o Anmbia Khun 34. Gohar Shah S/o Barkat Shah ,400 29, ,010 Khun ,575 21, ,811 Sub-Total (C) 558,625 83, ,419 D) Permanent Land Acquistion and Loss of Other Assets due to Construction of Connecting Channel 35. Riaz S/o Satmar Khun ,200 37, ,730-2-

82 Appendix 7 TOTAL COMPENSATION PAYABLE TO INDIVIDUAL AFFECTEES Sr. No. Name of Owner Moza Khsara No. Total Land Compensatio n Cost. 15% CAS Vulnerable Allowance Houses (m 2 ) Garage (m 2 ) Madrasa (m 2 ) Type of Structures Room (m 2 ) Cattle Shed (m 2 ) Boundary Wall (m 3 ) Main Structure Drain (m 3 ) Total Structures Cost (Rs.) Crop Compensati on on Cost (Rs.) Trees Compensatio n Cost (Rs.) Total Compensation Payable to Affectees (Rs.) 36. Khurshid S/o Samar Khan Khun ,200 36, ,230 Sub-Total (D) 490,400 73, ,960 E) Permanent Land Acquistion and Loss of Other Assets due to Construction of Sand Trap 37. Samdar Khan S/o Hadool Khun ,600 68, ,240 Sub-Total (E) 457,600 68, ,240 F) Permanent Land Acquistion and Loss of Other Assets due to Construction of Forebay and Spillway 38. Samadar Khan S/o Hadool Khun 39. Khurshid S/o Samar Khan Khun 40. Siraj-u-Din S/o Khaidad Khun ,273 60,941 14, , , ,052 42,758 14, , , ,400 76,110 14, , , Abdul Hadi S/o Samad Mir Khun ,600 32, ,640 Sub-Total (F) 1,412, ,849 42, ,000 1,704,174 G) Permanent Land Acquistion and Loss of Other Assets due to Construction of Power House and Tailrace 42. Abdul Rauf S/o Akbar Khan Shigle ,280 17, , Qasim S/o Akbar Khan Shigle ,280 17,592 14, , Abdul Rauf and Qasim Shigle ,103 15,165 14, ,268 Sub-Total (G) 335,662 50,349 28, ,011 H. Permanent Land Acquistion and Loss of Other Assets due to Construction Grid Station Govt. Land I. Permanent Land Acquistion and Loss of Other Assets due to Installation of Transmission Line Towers Govt. Land J. Temporary Land Acquistion and Loss of Other Assets due to Construction of Camp Private Land Grand Total 8,223,012 1,233, ,000 4,144, ,000 1,232, , ,000 7,005, ,000 7,414,126 21,976,516 54, ,000 31,745,620-3-

83 PHOTOGRAPHIC DOCUMENTATION

84 LARP Report for 04MW Thak Nullah Hydropower Plant A- Photographs Showing Meetings with Officers of Line Departments Meeting with DC Diamer in his Office Meeting with Assistant Director District Diamer in his Office at Chilas Discussion with the Agriculture Research Officer A view of Meeting with Inspector Education A view of meeting with Acting M.S. District Headquarter Hospital Chilas Meeting with Mr. Ashfaq Representative of NGO in Chilas - 1 -

85 LARP Report for 04MW Thak Nullah Hydropower Plant B- Photographs Showing Scoping Sessions / Consultations with Locals of the Project Area Discussion with PMU Staff at Power House Site Discussion with PMU Staff at Weir Site Consultation with Locals at Dewary Village Consultation with Locals in Khun Village Consultation with Locals in Khun Village Local consultation at Weir Site - 2 -

86 LARP Report for 04MW Thak Nullah Hydropower Plant C- Photographs Showing Sites of Various Project Components Power House Site Intake Weir Site - 3 -