Post on 30-Mar-2023
Resettlement Plan
Project Number: 49216-002 Loan Number: 3409 July 2019
SRI: Supporting Electricity Supply Reliability
Improvement Project
Addendum - 2
Prepared by Ceylon Electricity Board for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation
of or reference to a particular territory or geographic area in this document, the Asian
Development Bank does not intend to make any judgments as to the legal or other status of any
territory or area.
1
ADDENDUM 2 - RESETTLEMENT PLAN (SRP - 2)
FOR IRAKKANDI GANTRY TO KUMBURUPIDDI GANTRY 33kV TOWER LINE UNDER
THE RESETTLEMENT PLAN OF SUPPORTING ELECTRICITY SUPPLY RELIABILITY
IMPROVEMENT PROJECT [LOAN NO: SRI-3409]
PROJECT NAME: Supporting Electricity Supply Reliability Improvement Project - Package 4
LOAN NUMBER: SRI 3409
SUB COMPONENT: 33kV Tower line from Irakkandi gantry to Kumburupiddi gantry PURPOSE: To improve the reliability of electricity distribution network
NO. OF SUB PROJECT AFFECTED PARTIES/FAMILIES: 07
DOCUMENT STAGE: Draft Report DATE OF PREPARATION OF THE DOCUMENT: 14th July 2019 PREPARER: Prepared by Project Management Unit of Supporting Electricity Supply Reliability Improvement Project
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily
represent those of ADB’s Board of Directors, Management, or the ADB Staff
2
TABLE OF CONTENTS
EXECUTIVE SUMMARY 4
CHAPTER 1 PROJECT DESCRIPTION 7 CHAPTER 2 SCOPE OF LAND ACQUISTION AND
RESETTLEMENT 9
CHAPTER 3 SOCIO ECONOMIC INFORMATION AND PROFILE 12 CHAPTER 4 INFORMATION DISCLOSURE, CONSULTATION
AND PARTICIPATION 14
CHAPTER 5 GRIEVANCE REDRESS MECHANISM 18 CHAPTER 6 LEGAL FRAMEWORK 21 CHAPTER 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS 28 CHAPTER 8 RELOCATION AND INCOME RESTORATION 32 CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING PLAN 32 CHAPTER 10 INSTITUTIONAL ARRANGEMENTS 33 CHAPTER 11 IMPLEMENTATION SCHEDULE 35 CHAPTER 12 MONITORING AND REPORTING 39
3
ACRONYMS
ADB Asian Development Bank AP Affected Person CEB Ceylon Electricity Board DC Double circuit DS Divisional Secretary EIA Environmental Impact Assessment GoSL Government of Sri Lanka GRC Grievance Redress Committee GRM Grievance Redress Mechanism GS Grid Substation kW kilowatt kWh Kilowatt hours LAA Land Acquisition Act LARC Land Acquisition and Resettlement Committee LKR Sri Lankan Rupees MPEED Ministry of Power, Energy and Enterprise Development MV Medium Voltage NEA National Environmental Act NGO Non-Governmental Organization NIRP National Involuntary Resettlement Policy PD Project Director PEA Project Executing Agency PIA Project Implementing Agency PIU Project Implementation Unit PM Project Manager PMU Project Management Unit PUC Public Utility Commission RoW Right of Way RP Resettlement Plan SPS Safeguard Policy Statement
4
EXECUTIVE SUMMARY
The draft Resettlement Plan (RP) for all components included in the SESRIP project has been published on April 2016. This draft RP has been prepared on several assumptions and preliminary engineering designs as the detailed and final engineering designs were not available at that time. Therefore, PMU is responsible for (i) completing the detailed and final engineering designs; (ii) updating the results of the social impact assessment; (iii) re-assessment of land acquisitions and impacts; (iv) completing the census survey of all affected persons (APs); (v) updating the inventory of losses; (vi) Updating and finalizing the RP; and (vii) submitting the final RP to ADB prior to the commencement of the project construction work. This supplementary RP is prepared to fulfil the above mentioned requirements.
This Supplementary Resettlement Plan is related to the construction of 7.6 km long 33kV tower line from Irakkandi gantry to Kumburupiddi gantry in Trincomalee district. This line is included in the Package 4 of Supporting Electricity Supply Reliability Improvement Project. The total length of the finalized line route is 7.6 km. The 1.5 km length of line goes through the forest
reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km length
of line goes through the saltern managed by the Raigam Salt Company. Only 0.1 km length of line goes
over two private lands which cannot be avoided. Among these two private lands one private land is
almost not affected since only conductors go over the boundary fence of this land. However, some
portion of the other private land is fully disturbed by the Irakkandi gantry and incoming and outgoing
feeders to this gantry.
The original line route included in the Resettlement Plan prepared in April, 2016 has been planned
through private lands. When Project Management Unit (PMU) issued W- Notices to land owners along
the original line route all of them objected to that path as it goes over middle of most lands. On the
above ground PMU consulted the Divisional Secretary (DS), Kuchchaveli to have solution for the issue.
DS (Kuchchaveli) personally inspected the originally planned line route on 24.07.2017 and he too didn’t agree to that path since damage to those private lands with that route is severe and any forcible action
is unsympathetic. Therefore, he advice PMU to select another path which would not be affected to
private lands. He also advised us to take the line along the boundary of Army Camp situated just before
SLBC broadcasting station at Parker Road as he is planned to allot the adjacent land to Army Camp, to
peoples those haven’t lands in the area.
In addition to above the original line route had been planned over the office and proposed factory
buildings of Raigam Salt Company at kumburupiddi. Therefore, they too objected to take the line over
the limited land available to them. After having discussion with the site Manager, Mr. Nandana
Pushpakumara of Raigam Salt Company he agrees to take the line over the saltern of Raigam Salt
Company.
Having given clearance for the above issues PMU selected the new path for the line. However, when
surveying and tree marking is carried out it is understood that the path shown by DS (Kuchchaveli) near
Army Camp at Parker Road is severely damage the forest. Therefore, PMU sought the approval of DS
(Kuchchaveli) to take the line along the elephant fence at the crossing point of Parker Road and he
agreed for the same.
The line route of the proposed tower line from Irakkandi Gantry to Kumburupiddi Gantry has now been
finalised. The major part of the line goes through coastal belt of Irrakkandi lagoon. One section goes
through forest reservation. It is unavoidable to move out from two private lands closer to Irakkandi
gantry since there isn’t any state lands nearby.
5
The trees to be removed along the line route have been marked.
The number of trees to be removed for clearing the RoW of this tower line is 204.
Length of original line route – 7.100 km
Length of new line route – 7.564 km
DS (Kuchchaveli) has estimated the compensation to be paid for the trees to be removed in private
lands. Forest Department estimate for the removal of trees in forest area is yet to be received.
Divisional Secretary (Kuchchaveli), Coastal Conservation Department and Forest Department has
granted approval for the right of way of the adjusted line.
Irakkandi Gantry Land
The initial locations for Irakkandy gantry had been identified by Deputy General Manager (East). ADB
had given their consent for the same. Everybody involved in the selection of this land thought that it
belongs to the government. However, later Project Management Unit found that the selected plot of
land lies within a private land. The land owner didn’t agree to install a gantry at the originally selected location since that portion of his land has the highest value as it faced to the Trincomalee Pulmoodai
main road and coastline. However, land owner agreed to sell “60 Ft X 60 ft” block of land from the rear side of his land for the Irakkandi gantry. Therefore, PMU decided to install the Irakkandi gantry at the
rear side of this private land as there are no government lands nearby as informed by DS (Kuchchaveli).
After receiving the land owners consent for the gantry the Project & Heavy Maintenance Branch of
Distribution Division - 2 has already constructed the terminal tower of incoming line to the proposed
Irakkandi gantry at the most appropriate place to connect it easily to the gantry. Therefore, Project
Management Unit is not in a position to change this gantry location again.
This land is situated by the side of Irakkandy to Kumburupitiya by road closer to famous Irakkandy
Bridge. The land belongs to Mrs. Thiyagarajah Sinna Thangachchi having postal address at “Karainagar Road, Sittankerni, Jaffna”. Mr. N Pathmanadan, her relative at No. 26D/1, Ohrshill Central Road, Trincomalee is coordinating with PMU on behalf of Mrs. Thiyagarajah Sinna Thangachchi. The land
extent is 13.2 perches (60’X60’ block). The land owner has requested LKR 75000/- per perch for this
gantry land. In addition, she should be compensated for disturbance to nearly another 20 perches portion
of land due to one incoming feeder and one outgoing feeder.
The PMU in consultation with MPEED made an arrangement to acquire this land as there is problem
in the land title and also Board approval has been received to acquire the land. Land acquisition gazette
was published on 19.03.2019 and all relevant documents with the gazette notification was forwarded to
DS (Kuchchaveli) on 01.07.2019 for next stages of acquisition process.
Kumburupiddi Gantry Land
. The location of original Kumburupiddi gantry land was also shifted to land side from Trincomalee –
Pulmoodai road as sea side is allocated to hotel project. The selected land is a state land. Land has been
surveyed through a government surveyor by the DS (Kuchchaveli) and requested clearances from Road
Development Authority (RDA), Central Environmental Authority (CEA), Pradeshiya Sabha (PS)
(Kuchchaveli), Archeological Department (AD), Urban Development Authority (UDA) and Coastal
Conservation Department (CCD). CEA clearance has not been received yet and they have agreed to
6
send their clearance early. Once the clearances are received DS (Kuchchaveli) would take action to
hand over the land to CEB on long term lease basis through District Land Committee.
7
CHAPTER 1 - PROJECT DESCRIPTION
The Supporting Electricity Supply Reliability Improvement Project was approved by ADB’s Board of Directors on 26th July 2016. This project is financed by (i) Loan 3409-SRI for US$ 115 million from
ADB ordinary capital resources and (ii) an investment Grant 0486 of US$ 1.8 million is provided by
the Clean Energy Fund (CEF) under the Clean Energy Financing Partnership Facility and administered
by ADB, and (iii) an investment grant of US$ 2 million is provided by the Japan fund for Poverty
Reduction and administered by ADB. The loan has been provided directly to CEB while with a
sovereign guarantee while the investment grant is provided to the Democratic Socialist Republic of Sri
Lanka. The local financing component by CEB and government of Sri Lanka is US$ 45.2 million. The
relevant loan and grant agreements were signed on 19th December and loan became effective on 29th
June 2017. The project will be completed by 30th September 2021. The loan closing date will be 31st
March 2022. CEB is the executing and implementing agency for loan component.
The project includes 6 major packages. Package 4 comprises reliability improvement of the medium
voltage network through the construction of new 33 kV distribution lines and gantries to improve the
reliability of electricity supply to existing and new consumers. The number of 33 kV lines proposed for
the project is 16 with a total length of approximately 270 km. The project will fund the new 33 kV
tower lines using bare conductors and 13 gantries.
This report is for the resettlement activities of new 33kV tower line from Irakkandi gantry to
Kumburupiddi gantry, one of the 33kV tower line route out of 16 no. of tower lines to be constructed
under this project.
ADB and SCAPC approval received for the selected contractor for implementing Package 4 and the
Cabinet approval is also received. The contract agreement has already been signed and the tender has
been awarded to the selected contractor.
1.1 Draft Resettlement Plan
The draft Resettlement Plan (RP) for all components included in the SESRIP project has been published
on April 2016. This draft RP has been prepared on several assumptions and preliminary engineering
designs as the detailed and final engineering designs were not available at that time. The preparation
of the RP was guided by ADB’s Safeguard Policy Statement (SPS), 2009, National Involuntary
Resettlement Policy (NIRP), 2001 of the Government of Sri Lanka and the Land Acquisition Act (LAA)
of 1950 with its subsequent amendments. The RP analyses the project related impacts resulting from
land acquisition and provides an Entitlement Matrix that includes cash compensation and other
resettlement assistance for persons affected by the project.
The preparation of the RP was preceded by due diligence conducted for different subprojects proposed
for the project. The social impact assessments as part of due diligence was based on preliminary
engineering designs and maps provided by CEB. Consultations were also conducted with relevant
project stakeholders to elicit inputs for the RP. Project related adverse impacts observed during due
diligence were communicated to the CEB and attempts have been made to minimize the resettlement
impacts.
No relocation of affected households and shops is required. The CEB will make further attempts to
reduce the impacts in its detailed and final engineering designs and consultations with affected parties
until the completion of the civil works. The changes/revisions made to the line routes by engineering
8
teams were re-checked and re-validated on ground by the social survey teams through walk-over
surveys. The entitlement matrix and the resettlement budget provide for compensation for affected
crops and trees and any immovable properties.
The draft RP is based on several assumptions and preliminary engineering designs as the detailed and
final engineering designs are yet to be completed. Therefore, CEB is responsible for (i) completing the
detailed and final engineering designs; (ii) updating the results of the social impact assessment; (iii) re-
assessment of land acquisitions and impacts; (iv) completing the census survey of all affected persons
(APs); (v) updating the inventory of losses; (vi) updating and finalizing the RP; and (vii) submitting the
final RP to ADB prior to the commencement of the project construction work.
1.2 Objective of the Supplementary Resettlement Plan (SRP-No.2)
PMU is responsible for updating the draft resettlement plan during the project execution period. This
supplementary Resettlement Plant is to fulfil that requirement.
This supplementary Resettlement Plan contains the updated information on 33kV line route of Irakkandi
gantry to Kumburupiddi gantry available in the draft RP. This is one of the 33kV tower line route out
of 16 no. of total tower lines to be constructed under this project.
The objective of this supplementary resettlement plan is to update the original draft resettlement plan
with changes made on to the original 33kV line route of Irakkandi gantry to Kumburupiddi gantry. The
original line route has been planned with the information gathered at walkover surveys as well as
collecting information available in geographical data bases and maps without conducting a detailed
route survey. The original line route was changed after conducting a field survey and having
consultation with APs and all relevant government authorities to avoid route objections completely and
to minimize possible environmental impacts.Since the line route approval has been granted by DS and
other relevant government institutions, this updated resettlement plan covering the details of the
finalized line route is presented.
Table 1.4 and Table 1.5 of the Draft RP are updated and presented below.
Table 1.4: Affected Trees, Houses and Shops along the Right of Way before and after the
Revisions to Tower Line Routes
No Project name
Number of trees Number of houses/ shops
Before After Change
(%) Before After
Change
(%)
8 Irakkandi gantry to
Kumburupiddi gantry
175 204
*
16.6 1 0 100
*Trees having diameter above 10 cm as per Forest Department guidelines. Branch of a tree below
2 m height was also considered as separate tree. Table 1.5: Estimated Number of Partially Affected Houses and Shops along the Right of Way
No. Project name Number of houses Number of shops
7 Irakkandi gantry to Kumburupiddi gantry 0 0
9
CHAPTER 2 - SCOPE OF LAND ACQUISTION AND RESETTLEMENT
This chapter describes the scope of land acquisition of the sub project of Irakkandi gantry to Kumburupiddi
gantry and assesses its resettlement impacts. This sub project involves acquisition of land for the Irakkandi
gantry as there are no government lands nearby. Since available land extent is not large enough for gantry
and supporting structures, a need arises to acquire or purchase a small strip of land from the adjacent land
to the selected gantry land. However, land acquisition procedure was started since the PMU couldn’t identify the owner of that land within reasonable time. Furthermore, this line and gantry construction may
have temporary/permanent impacts resulting from loss of crops and trees situated along the Right of Way
(RoW) of the distribution line. The standard width of RoW is 20 m to both sides from the center line. Except
for some occasional power interruptions, the subproject will not create any disturbances to any party during
its construction.
The line route from Irakkandi gantry to Kumburupiddi gantry has been finalized by now. Both the finalized
line route and initial line route are indicated in Fig.1.
The total length of the finalized line route is 7.6 km. The line length of 1.5 km goes through the forest
reservation and a 3.9 km long section of line goes along the coastline of the Irakkandi lagoon and balance
2.1 km length of the line goes through the saltern managed by the Raigam Salt Company. Only 0.1 km
length (section T1T2 in the map given below) of line goes over two private lands. Among these two private
lands one private land is almost not affected since only conductors go over the boundary fence of this land.
However, some land section along the rear side fence of this land has to be acquired since the owner
couldn’t be identified as mentioned before. A small portion from the other private land where Irakkandi
gantry is located is fully disturbed by incoming and outgoing feeders to this gantry.
10
There are no dwellings or other buildings or structures within the RoW of this line and within the gantry
lands. Therefore, resettlement of any family is not required due to this line and gantries. The impacts due
to line and towers are primarily confined to temporary economic displacement except the permanent impact
on standing and commercial trees over and above 3.0 m height. These losses will be compensated.
The project will allow the land owners/users to use the land which was cleared for the installation of the
towers and lines for the same purpose for which it has been used earlier after the completion of the
construction work. However, planting of trees under the tower lines with a height of over and above 3.0 m
will be prohibited. As mentioned earlier, the width of the RoW is at 20 m to both sides.
The number of trees to be removed for clearing the RoW of this tower line is 204 (in original RP this
quantity is indicated in Table 2.1 as 175 Nos). Updated Table 2.1 is presented below.
Table 2.1: Estimated No. Trees to be Removed for Clearing the Right of Way (RoW) of 33 kV Lines
No. Name of the 33 kV Line Number of trees
5 Irakkandi gantry to Kumburupiddi gantry 204
The Irakkandi gantry land is situated by the side of Irakkandy to Kumburupitiya by road closer to famous
Irakkandy Bridge. The land belongs to Mrs. Thiyagarajah Sinna Thangachchi having postal address at
“Karainagar Road, Sittankerni, Jaffna”. She has a total land area of 02 Acres and agreed to sell a land plot
of 13.2 P from that land to CEB. The gantry land is a bare land and no crops or vegetation inside it. No
dwellings, buildings or any other structures within any of these lands. The land owner has requested LKR
75,000/- per perch for the gantry land. In addition, she should be compensated for disturbance to nearly
another 20 perches portion of her land due to one incoming feeder and one outgoing feeder. Though land
owner is willing to sell the land the Board of CEB has given approval to acquire the gantry land as there is
some problem in the land title. Therefore, this land acquisition is carried out with the consent of the land
owner.
11
Fig 1. Line route from Irakkandi gantry to Kumburupiddi gantry –original route is indicated in Blue and the finalized route is indicated in red.
12
CHAPTER 3 - SOCIO ECONOMIC INFORMATION AND PROFILE
Socio economic information collected by conducting a household survey throughout the project executing
territory in order to gain an understanding of the socio-economic profile of the communities living in
subproject impact areas are presented in Chapter 3 of the draft RP. However, the exact socio-economic
details of the affected parties due to the construction of 33kV line from Irakkandi gantry to Kumburupiddi
gantry will not be included in this report. It will be assumed that the same socio economic profile mentioned
in Draft RP is applicable for this subproject.
3.1 Survey Methodology
A socio-economic household survey was conducted with 510 households living different subproject impact
areas during the period December 2015 to February 2016. The geographical areas that were covered by the
household survey included Kandy, Matale and Nuwara Eliya districts in the Central Province; Badulla and
Monaragala districts in the Uva Province; Kurunegala district in the North Western Province; Kegalle
district in the Sabaragamuwa Province; Galle district in the Southern Province and Jaffna district in the
Northern Province. The main objective of the household survey was to gain an understanding of the socio-
economic profile of the communities living in subproject impact areas some of whom may be either the
beneficiaries or the affected parties of the overall project. A structured questionnaire was used to elicit the
data which was primarily quantitative. The results of the survey were further enriched by the qualitative
insights gained during public and gender consultations which are summarized in Annex 9 and 11 of the
Draft RP. Data tables generated from the household survey appear in Annex 8 of the Draft RP.
3.2 Sub Project Details
This subproject, the 33kV line route from Irakkandi gantry to Kumburupiddi gantry, is traversing over two
private lands, coastal belt of Irakkandi lagoon, through a forest area and a saltern belongs to Raigam Salt
Company. No resettlement takes place due to this line construction. Line is not passing over any building.
Most of the project activities would take place in isolated areas and therefore persons living around will not
be severely affected by project activities. However, the hotel Ypsylon closer to Irakkandi gantry, and the
saltern may slightly be disturbed during the tower construction and conductor stringing stage. This
subproject, 33kV line route from Irakkandi gantry to Kumburupiddi gantry, is not located within the area
where Vedda settlements are found.
Public and residents may be disturbed during the construction activities. However, PMU strictly supervise
the contractor to ensure that he will be following standard safety procedures and work practices to avoid
possible hazards and minimize disturbances.
The following measures are suggested to minimize the disturbances to the community at different phases
of the project implementation.
Table 3.1: Mitigation measures suggested addressing the difficulties of community
13
Impact
Description Mitigation measures
Disturbance to public Disturbances made by staff movements and unauthorized entrance into private properties.
Handing over an advanced notice for entrance in to the premises.
Damaging roads and state properties during construction
Due to the transportation of material and machineries, during construction.
Compensation will be paid for any damages made to road and public properties.
Damaging water paths and roads during construction
Due to the transportation of material and machineries, during construction.
Compensation will be paid for any damages made to roads and water paths will be re-established..
Damaging private properties during construction
Due to the transportation of material and machineries, during construction.
Compensation will be paid for any damages made to public properties.
Damaging to crops, trees Due to the construction activities. Compensation will be paid for lost income.
Damage to boundaries and top soil layers in lands and paddy fields
Due to the transportation of material and machineries, during construction.
Contractor is advised to rearrange boundaries and soil in the land as it was before.
Personal injuries and damages on permanent structures
Due to rock blasting at construction stage.
Adequate safety procedures will be followed and compensation will be paid for any damages.
Environmental pollution Leaving all waste material at site Debris removal procedure is strictly followed.
14
CHAPTER 4 - INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
4.1 Consultation
Divisional Secretaries of the areas traversed by the proposed line were initially informed about this line
construction activity. DS provided the support of the relevant Grama Niladharis (GN) for the identification
of land owners along the line route. In addition, District Secretary of the Trincomalee District was also
informed about this project that is being implemented within the area under his purview and requested to
educate all heads of the government institutions in that district about this project.
The following factors were also taken into consideration in the selection of line routes to minimise public
objections and environmental impacts.
1. The Centre line of the tower line is beyond the 10 m distance from any building or structure.
2. The proposed line does not go over playgrounds, schools, religious premises and other public
gathering places etc.
3. Avoid areas of high density of trees, valuable crops and important trees.
4. Selection of line route in consultation with Divisional Secretary, Forest Department, Coastal
Conservation Department. and Wildlife Department.
5. Avoid wildlife areas, sanctuaries, historical places and highly protected areas.
6. Avoid any threat to public, wild life, airports and unstable areas.
7. Avoid natural resources.
8. Avoid construction difficulties.
9. Minimise construction cost.
4.2 Information Disclosure
Land owners on RoW have been identified with the help of GN. All land owners and residents on RoW
were delivered a notice called “W – Notice” inquiring their consent for line sections passing on their lands. At the same time some other documents namely Information for the general public, grant of wayleave form
and agreement forms in duplicate were issued to land owners and residents along the proposed line route.
The relevant parties were educated on the proposed line route by the time of handing over of the W-Notices.
Additionally, the contents of sections “2.3 Compensation with respect to grant of a wayleave” and “Part 5-
Information for the general public” in the document issued by Public Utility Commission of Sri Lanka
(PUCSL) on day of 17th October 2013 as per Sri Lanka Electricity Act No 20 of 2009 amended by Sri Lanka
Electricity amendment Act No 31 of 2013 were also explained to the land owners at the time of handing
over the W- Notice. Copies of these documents are presented in Annexure 10.
Moreover, public was informed that they can make their complaints, views, comments etc. via the official
web site of CEB, www.ceb.lk. Adequate time period was given for people to raise their complaints and
15
grievances through relevant Government Officials in their areas; Grama Niladhari and Divisional Secretary.
Additionally, public can forward their grievances to PUCSL also.
On that way, all affected persons were made fully aware about details of the proposed tower line as well as
grievances reporting mechanisms.
Totally 07-W notices were distributed to the identified affected persons on RoW of the proposed line route.
Out of them six persons made objections.
Table 4.1: Locations and Number of Participants at Public Consultations
Subproject Locations Date No.
Participants
33 kV Lines
Irakkandi gantry to
Kumburupiddi gantry
Along the line route starting
from Irakkandi gantry to
Kumburupiddi gantry
19.12.2016
26.01.2017
07
The list of affected persons including the names of persons made objections as well as measures taken to
avoid objections are indicated in Annexure-11.
All received objections were investigated at the site. Original line route was deviated to avoid the damage
on properties of affected parties depending on their demands.
DS (Kuchchaveli) personally inspected the originally planned line route on 24.07.2017 and he didn’t agree to that path since damage to private lands with that route is severe. Therefore, he advice PMU to select
another path which would avoid private properties.
In addition to above the original line route had been planned over the office and proposed factory buildings
of Raigam Salt Company at kumburupiddi. Therefore, they too objected to take the line over the limited
land available to them. After having discussion with the site Manager, Mr. Nandana Pushpakumara of
Raigam Salt Company PMU could be able to take the line over the saltern of Raigam Salt Company.
In consultation with Grama Niladharis, Forest Officers and Divisional Secretary (Kuchchaveli) line route
was adjusted several times to find solutions to specific problems.
After finalizing the line route PMU have shown the new line route and Gantry locations to following
officers.
1. Mr. P Thaneswaran, DS (Kuchchaveli), Tel : 026-2252619, Mobile : 077-6402326
2. Mr. M.B.M. Mubarak, ADS (Kuchchaveli), Tel : 026-2252637, Mobile : 077-8385452
3. Mr. S Nithiyalingam, Grama Niladhari (Kumpurupiddi-North), Mobile: 077-1007952
4. Mr. T Vijayanathan, Grama Niladhari (Kumpurupiddi- East), Mobile: 077-5868732
5. Mr. U.H. Wanniarachchi, Assistant Director, Coastal Conservation Department, Mobile : 071-
4436293
6. Mr. Thulasithasan, Area Engineer (Eastern Province), Coastal Conservation Department.
16
Mobile: 0759991225
7. Mrs. Gaury Thirugnanaselvam, Development Assistant, Coastal Conservation Department.
Mobile: 075-9523682
8. Mr Faiz, Development Assistant, Coastal Conservation Department. Mobile: 0773842026
9. Archaeological Dept.
10. Road Development Authority
11. Central Environmental Authority
12. Dr. Wasantha Liyanage, Divisional Forest Officer – Tricomalee, TP - 0779985833
13. Mr. K.D.D. Perakum banda, Range Forest Officer (Gomarankadawala). Mobile: 071-5141783
14. Mr. L D Dayarathna, Beat Forest Officer (Kuchchaveli), Mobile: 0712492021/ 0768732125
15. Mr. Nandana Pushpakumara, Manager, Raigam Salt Company. Mobile: 0771061528
Finally, all objections were resolved by deviating the original line route.
● The original line route through middle of the private lands were shifted to coastal belt of Irakkandi
lagoon.
● The original line section over Raigam Salt office building and proposed factory site were shifted to
saltern.
● The Irakkandi gantry was shifted to a place where land owner agreed.
● The Kumburupiddi gantry was shifted from sea side to land side from Trincomalee Pulmoodai road.
The modified line route interferes only with two private properties at the Irakkandi gantry. Those two land
owners should be properly compensated. The other land owners who lose their trees and crops when
clearances being maintained should also be compensated. Therefore, depending on the recommendations
of DS compensations will be paid to affected parties where necessary.
The modified line route was plotted over a geographical map and banners are prepared.as shown in
Annexure-12. These banners are displayed in relevant Grama Niladhari offices and along the line route for
the awareness of public. Telephone numbers and contact details of the officers of PMU have also been
displaced in banners to aware the public about means of getting additional information if necessary.
Forest Department hasn’t still provided their compensation estimate. Coastal Conservation Department has
given their consent for the line route without any compensation.
Divisional Secretary (Town & Gravets), Coastal Conservation Department and Forest Department has
granted approval for the right of way of the adjusted line. The relevant correspondents are attached in
Annexure-7.
4.3 Summary of Public Consultations and Information disclosure of this sub project
Name of the sub Project: 33kV tower line from Irakkandi gantry to Kumburupiddi gantry
17
Name of the village/s: Kumburupiddi Name of the GNDs: Kumburupiddi – North, Kumburupiddi – East, Kumburupiddi – South Name of the DS Division: Kuchchaveli
Date of the consultation: 19.12.2016, 26.01.2017
Participants (19/12/2016) 1. Mr. K D D Parakum Bandara, Range Forest Officer, Range Forest Office,Gomarankadawala. 2. Mr. Nandana Pushpakumara,, Manager, Raigam Eastern Salt Company, Kumburupiddi.
Participants (26/01/2017)
1. Mr. Subramaniam Amirthalingam, Ward No. 06, Kumburupitiya. 2. Mr. Senthil Vadivel Thurainagam, Ward No. 06, Kumburupitiya. 3. Mr. Selwamalar Gowreeswaran, Ward No. 06, Kumburupitiya. 4. Mr. Sadis, Ward No. 06, Kumburupitiya. 5. Mr. Nicolas Leo Duke, No. 33, Custom Road, Trinco.
Activities conducted:
• Explain the requirement of new line
• Information given on the selected line route
• Collecting details of land owners/tenants
• Distribution of W notices
• Explained about how to respond to the W notice
• Introduce relevant officers of PMU who are working on this line
• Tree marking on 10m width of the RoW
18
CHAPTER 5 - GRIEVANCE REDRESS MECHANISM
The project will establish a multi-tier grievance redress mechanism (GRM) to address the concerns,
complaints and grievances that may be raised by APs during project planning and implementation. The
grievances may include issues related to land acquisitions, entitlements and compensation, disruptions to
livelihoods, services and facilities etc. Complaints can also arise from sub-project construction work, which
cause disturbances to public life and hindrances to private and public property. The latter can come from
the APs as well as from the general public. The GRM will provide a forum which is easily accessible to
the aggrieved parties, cost effective and immediately responsive to their grievances. The project
management unit (PMU) will establish a clear set of procedures with specific time frames for grievance
resolution at each level which will include procedures for receiving and recording grievances, screening
and referrals, assessment of grievances, grievance resolution, reporting and monitoring.
The PMU has informed the APs and the general public on the role and functions of the GRM, grievance
redress procedures, the operational locations of the GRM and the details of contact persons, addresses and
telephone numbers at each level of the GRM.
5.1 Multiple Tiers of the GRM
The lowest level of the GRM will be the Project Implementation Units (PIU) established at each of the four
regional divisions of the CEB directed by a Project Manager. The persons affected by the project can report
their grievances and complaints to the Project Manager who will record the contact details of the
complainant, date that the complaint was received, nature of grievance, corrective actions agreed and the
date these were implemented and the final outcome. Any affected person who cannot access the Project
Manager due to any access difficulties can forward his/her complaint via the area engineers of CEB or
electrical superintendents placed at CEB depots who are easily accessible to any aggrieved parties. The
Project Manager in consultation with the project engineers placed under him as well as with the construction
company will hold an inquiry into the complaints/grievances and address the issues within a period not
exceeding thirty days. The PIU will keep the complainants informed of the progress made in respect of their
grievances and the final outcome of the grievance resolution. Grievances/complaints that cannot be resolved
at PIU level will be forwarded to the Project Director of the PMU.
In parallel to the Project Manager of the PIU, there will be second level of the GRM which will be
constituted by the Divisional Secretary (DS) of the respective area. The Divisional Secretary has been
delegated with the powers of the Public Utility Commission (PUC) and empowered to address the
complaints and grievances of the APs and the utility companies.1 Grievances and complaints particularly
with regard to issues of severances and disturbances to private properties and compensation for lost/affected
assets can be brought to the notice of the DS immediately after the issuing of W Notice by CEB informing
the affected households located within the Right of Way about the project design and implementation plan.
The Divisional Secretaries are easily accessible to any communities. If any aggrieved parties have access
difficulties to Divisional Secretaries, they can forward their complaints via the Grama Niladharis of their
respective villages. The DS will hold an inquiry into the complaints/grievances reported with the
1 Sri Lanka Electricity (Amendment) Act, No.31 of 2013.
19
participation of the Project Manager of the PIU and the project engineers of the contractors to find an
amicable settlement to the issue. This process will be completed within a period not exceeding six weeks
since the submission of the complaint/grievance by the AP.
The complaints and grievances that were not resolved at the above mentioned two levels will be referred to
the PMU. At the PMU, a grievance redress committee (GRC) will be established comprising the Project
Director (Chairperson), the Project Manager in the relevant region, the DS or his nominee in the relevant
project area, the Grama Niladhari of the relevant project area, project engineer of the contractor in the
relevant project area and the head of the Environment Division of the CEB. The GRC will review the
complaints/grievances and reach a negotiated settlement in consultation with the AP. The time frame
stipulated for redress of grievances by the GRC is three months.
These project based grievance redress mechanisms however, will not impede the opportunities that APs
have to resort to country’s legal system if they were dissatisfied with the redress at any stage of the process. The APs have the right to refer their grievances to appropriate courts of law if not satisfied with the
outcomes of the project based GRM. Error! Reference source not found. below illustrates the structure
and the process of the proposed GRM.
5.2 Sub Project Details
All Aps were educated about GRM by the time of W-notices are distributed. Clear instructions have been
printed on W-notices on how to forward objections either to DS or Project Manager.
Contact details of Project Manager were printed on the W-notice. Only six objections received on line route
from Irakkandi gantry to Kumburupiddi gantry. All objections were solved by deviating the route as decided
by the Project Manager and DS.
20
Figure 0.1: Grievance Redress Mechanism
Complaints by individuals, groups or institutions
Reginal Project Manager
Complaints to Projrct Director
Divisional Secretary of the area
GRC meetings
Solution agreed
upon to be
implemented by
representatives
at GRC
Solution agreed
upon to be
implemented by
a third party
No agreements
reached
Proceed to court
of law
Not addressed
Solution to
be provided
within 6
weeks of
receiving
complaint
Not addressed
Solution to
be provided
within 30
days of
receiving complaint
Solution to
be provided
within 3
months of
receiving
complaint
21
CHAPTER 6 - LEGAL FRAMEWORK
The policy and the regulatory framework for acquisition of private land, payment of compensation and
involuntary resettlement in Sri Lanka is governed by the Land Acquisition Act (LAA) No.9 of 1950 and its
subsequent amendments, Land Acquisition and Payment of Compensation Regulations of 2009 and
National Involuntary Resettlement Policy (NIRP) of 2001. The Sri Lanka Electricity Act No.20 of 2009
[Chapter VII (52 (1))] refers to acquisition of property which provides for, “Where the President on a recommendation made by the Minister is of the opinion that any immovable property is required for a power
generation project or a transmission project and that such project would serve for the general welfare and
benefit of the public, the President may by Order published in the Gazette, declare that such immovable
property is required for such purpose, and the property may accordingly be acquired under the Land
Acquisition Act and be transferred to the person or persons proposing to carry out such project”.
6.1 Land Acquisition Act of 1950
The Land Acquisition Act (LAA) No.9 of 1950 lays down the general procedure for the acquisition of
private lands for a ‘public purpose’ (e.g. development projects), the process of which would take about
seventy-two weeks for its completion. The law also stipulates that lands acquired for a particular purpose
cannot be used for a different purpose, and lands that remain unused be returned to the original owners. The
process stipulated in the Act is as follows.
• The agency which is entrusted with the responsibility of implementing the proposed project (hereinafter
called the project implementing agency) or its line ministry prepares a proposal for acquiring the identified
land.
• The project implementing agency via its line ministry submits the application to the ministry of land
requesting the acquisition.
• The minister of land authorizes the acquisition under Section 2 of the LAA.
• The acquiring officer2 publishes the Section 2 Notice (intention of acquisition) and sends it to the owner
of the land to be acquired.
• The acquiring officer requests the district superintendent of surveys to survey the land.
• The survey department carries out the survey and prepares a plan of the land which is called the
‘advance tracing’. • The ministry of land calls for submission of any objections from the interested parties.
• The owner of the land or any other interested parties submits objections to the secretary of the relevant
line ministry.
• The secretary to the ministry or his/her representative conducts an inquiry into the objections raised by
the interested parties and submits his/her recommendations to his/her minister. The minister in turn submits
those recommendations to the minister of land.
• The minister of land decides to accept or reject the objections under Section 5 of LAA.
• The minister of land issues the acquisition order if he decided to proceed with the land acquisition.
• The acquiring officer requests the survey superintendent to prepare a ‘preliminary plan’ under Section 6 of LAA.
2 The acquiring officer is the divisional secretary of the area where the proposed land is located.
22
• The survey department surveys the land and prepares the preliminary plan and submits it to the
acquiring officer as well as to the ministry of land.
• The acquiring officer issues the notice of land acquisition under Section 7 in Sinhala, English and
Tamil.
• The owner of the land submits his/her claims to the acquiring officer.
• The acquiring officer conducts an inquiry to determine the ownership rights of the land and the
compensation payable under Section 9 of LAA.
• The acquiring officer issues the notice of ownership status of the land under Section 10(1)(a) of LAA
• The acquiring officer requests the valuation department to determine the compensation for the property
to be acquired.
• The valuation department conducts the valuation of the land and other properties.
• The valuation department sends the valuation report to the acquiring officer.
• The acquiring officer calls the owner of the land to his office and informs the results of the valuation
of the land.
• The acquiring officer issues the Section 17 of LAA award notice which indicates the eligible
compensation.
• The owner of the land decides either to accept the compensation or to appeal against the valuation to
the Board of Review.
• The acquiring officer takes over the possession of the land under Section 38 of the LAA.
• The acquisition officer hands over the possession of the vested property by way of a certificate under
Section 44 of LAA which constitutes a legal title for the land.
The same Act also makes provisions under Section 38 (a) proviso to take over the immediate possession of
any land on grounds of ‘urgency’, if the Minister of Lands is of the opinion that the land is ‘urgently’ needed for development projects and cannot wait until the compensation inquiry is over. In such a situation, the
Minister of Land may issue an order under Section 38 (a) proviso after Notices under Section 2 or 4 are
published. The acquiring officer will thereafter request the Chief Valuer to prepare a Condition Report of
the property, as at the date of taking over, in order to facilitate assessment of compensation to be paid once
Section 7 Notice is published later on. The application of Section 38 (a) proviso avoids a number of
provisions prescribed under the general procedure for land acquisition. This provision in the LAA bypasses
the issue of Section 4 Notice, which allows the land owner or any other interested parties to raise their
objections to the acquisition of a particular land. Furthermore, Section 38 (a) proviso allows the acquiring
officer to take over the immediate possession of the land, and vesting it on the institution which has
requested the acquisition of such land, before the compensation is paid to the affected parties.
6.2 Land Acquisition and Payment of Compensation Regulations of 2009
The LAA provides for the payment of compensation on the basis of ‘market value’ defined as the ‘amount which the land might be expected to have realized if sold by a willing seller in the open market as a separate
entity’. This ‘separate entity principle’ resulted in hardships particularly when a small part of a larger land was acquired. In the open market such a small area of land fetched a minimum value. The Land Acquisition
Regulations of 2009 approved by the Cabinet of Ministers and the Parliament and published in the
Government Gazette of 07th April, 2009 gave the legal status to these Regulations and bound all
development projects by the consolidated land acquisition and resettlement/rehabilitation processes
23
outlined in the National Involuntary Resettlement Policy of 2001. The Regulations redefine the valuation
approach for market value and states that ‘in the case of land where part of a land is acquired and when its value as a separate entity deems to realize a value proportionately lower than the Market Value of the main
land the compensation should be proportionate to the value of the main land’. The Regulations also provides additional compensation beyond ‘market value’ and incorporates compensation for injurious affection, severance and disturbances based on the principle of value to owner (Gazette notification
No.1596 of 7.4.2009). The regulations also provide for payment of compensation to non-titleholders.
6.3 National Involuntary Resettlement Policy of 2001
The LAA does not provide clear guidelines directing the Project Executing Agencies (PEAs) to address
key resettlement planning and implementation issues such as (a) exploring alternative project options to
avoid or minimize impacts on people; (b) compensating the non-titled persons who will be affected by a
project but are currently using and dependent on land; (c) consulting affected persons and resettlement hosts
on resettlement options; (d) providing for successful social and economic integration of the affected persons
into the host communities, and (e) rehabilitating affected persons along with income restoration measures.
In order to address the gaps in the LAA, the Government introduced the National Involuntary Resettlement
Policy (NIRP) in 2001. The NIRP principled on human and ethical considerations entails the payment of
resettlement value (replacement cost) and arranges for their resettlement and where necessary even their
rehabilitation.
The NIRP is designed to ensure that (i) project affected persons are adequately compensated, relocated and
rehabilitated; (ii) delays in project implementation and cost overruns are reduced; and (iii) better community
relations are restored. The NIRP aims at ensuring that people affected by development projects are treated
in a fair and equitable manner, and to ensure that they are not impoverished in the process.
6.4 Policy Objectives
• Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the
reestablishment of the affected people on a productive and self-sustaining basis. Ensure that people
adversely affected by development projects are fully and promptly compensated and successfully
resettled. The livelihoods of the displaced persons should be reestablished and the standard of living
improved.
• Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition
by the State for development purposes.
• Assist adversely affected persons in dealing with the psychological, cultural, social and other impacts
caused by compulsory land acquisition.
• Make all affected persons aware of processes, available for the redress of grievances that are easily
accessible and immediately responsive.
• Have in place a consultative, transparent and accountable involuntary resettlement process with a time
frame agreed to by the Project Executing Agency and the affected persons.
6.5 Policy Principles
• Involuntary resettlement should be avoided as much as possible by reviewing alternatives to the project
24
as well as alternatives within the project.
• Where involuntary resettlement is unavoidable, affected persons should be assisted to re-establish themselves and improve their quality of life.
• Gender equality and equity should be ensured and adhered to throughout.
• Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity.
• Replacement land should be an option for compensation in the case of loss of land; and in the absence of replacement land cash compensation should be an option for all affected persons.
• Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs.
• Resettlement should be planned and implemented with full participation of the provincial and local authorities.
• Participatory measures should be designed and implemented to assist those economically and socially affected to be integrated into the host communities.
• Common property resources and community and public services should be provided to affected persons.
• Resettlement should be planned as a development activity for the affected persons.
• Affected persons who do not have title deeds to land should receive fair and just treatment.
• Vulnerable groups should be identified and given appropriate assistance to improve their living standards.
• Project Executing Agencies should bear the full costs of compensation and resettlement.
6.6 Compliance of Sri Lanka’s Policy and Legal Framework with ADB Safeguards Policies
The policy principles of ADB Safeguard Policy Statement (SPS) emphasizes the need to ‘screen the project early on to identify past, present, and future involuntary resettlement impacts and risks’ and carry out meaningful consultations with affected persons, host communities, and concerned non-government
organizations. The LAA provides for the screening of projects at the stage where a request for acquisition
is initially received by the Minister of Lands as well as consequent to the initial investigation where there
is a period of public objections and review of same. Meanwhile, the National Environmental Act of 1980
(NEA) and its subsequent amendments empowered the Central Environmental Authority (CEA) to review
and evaluate the environmental impacts of development projects. Development projects designated as
“prescribed projects” by CEA require their project proponent agencies to submit either an Initial Environmental Examination (IEE) report or an Environmental Impact Assessment (EIA) for the review and
evaluation by the project approving agencies. The assessment of the social impacts of such prescribed
projects including involuntary resettlements is a component included in the EIA process. The preparation
of an EIA is a lengthy process and needs to be conducted through a participatory process. The guidelines
25
prescribed by CEA for the review and approval of an EIA require information disclosure during
environmental screening, conducting public consultations, disclosure of the report for public scrutiny,
allocating a specific time period for the public to submit their written comments, and conducting public
hearings. The NEA equally applies to electricity projects as well.
The ADB SPS stipulates the need to ‘inform all displaced persons of their entitlements and resettlement
options and to ensure their participation in planning, implementation, and evaluation of resettlement
programs’. However, there are no legal provisions that necessarily require that the affected parties be empowered and provided an opportunity to participate in the planning, implementation, monitoring and
evaluation of resettlement programs. The National Involuntary Resettlement Policy (NIRP) of 2001
prescribes that affected persons should be fully involved in the selection of relocation sites, livelihood
compensation and development options at the earliest opportunity. It further states that where a project
causes involuntary resettlement of over twenty families a resettlement plan should be prepared.
The ADB SPS also looks at the Grievance Redress Mechanism for the purpose of receiving and facilitation
of the resolution of the grievances of affected parties. The LAA provides a limited grievance redress
mechanism whereby certain grievances of the affected parties relating to compensation can be referred to
the Land Acquisition Board of Review established in terms of the LAA, in addition to the inquiry under
Section 9 and 17. This is a limited mechanism that only addresses issues pertaining to compensation. The
Land Acquisition Regulations of 2013 provides development projects to be designated as ‘specified projects’ by the Ministry of Lands with the ratification of the Parliament of Sri Lanka. Eighteen development projects have been declared as ‘specified projects’ in the government gazette No.1837/47 of
22.11.2013. The ‘specified projects’ qualify to establish Land Acquisition and Resettlement Committees (LARC) in the divisional secretariat divisions where the persons affected by land acquisition and
dissatisfied with statutory compensation that he/she received can make their representations. The
regulations of 2013 provide for a comprehensive ex-gratia compensation package to the project affected
persons. Affected parties also have the opportunity of appearing before the LARC proceedings and those
dissatisfied with LARC decisions on compensation may appeal to the Super LARC established at national
level. In this sense, LARC also serves as a grievance redress mechanism and a mechanism to ensure that
affected parties are compensated for their losses at ‘replacement cost’. However, provisions in 2013 Regulations do not apply to CEB since it has not obtained ‘specified project’ status to any of its electricity projects.
While the LAA provides for the payment of compensation at ‘market value’, the NIRP policy principles mandate the payment of full replacement cost as compensation which is very much in compliance with the
ADB SPS. The ADB SPS prescribes the payment of prompt compensation. The LAA however contains
provisions that enable the delayed payment of compensation by the State. However, in practice, various
administrative arrangements are being made by project executing agencies to minimize delays in the
payment of compensation and to make such payments available at the earliest possible opportunity may be
by way of advance payments. Where acquisition takes place on the basis of urgency, an affected party can
be deprived of the asset well before the compensation takes place. However, in practice certain projects had
taken a decision not to deprive an asset until compensation has been paid, the exception being where a
dispute has been referred for adjudication.
26
The policy principles of ADB SPS also places its emphasis on the need to ‘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’. The NIRP recognizes that affected persons who do not have title deeds to land should receive fair and just treatment.
The ADB SPS recommends preparing ‘a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood strategy, institutional arrangements, monitoring and reporting framework,
budget, and time-bound implementation schedule’. The NIRP mandates the preparation of a resettlement
plan in order to streamline resettlement where 20 or more families are affected.
The ADB SPS specifically recommends that needed assistance be provided to those affected by
displacement. The Land Acquisition Regulations of 2008 provide for certain types of assistance to be
extended to affected parties within the scope of enhanced compensation. Non-monetary assistance as
intended in the regulations is best achieved through resettlement planning.
6.7 Involuntary Resettlement Safeguard Principles applicable to the Project
Based on the national policy and regulatory framework and the safeguards policy of ADB, the project
implementation will be guided by the following safeguards principles.
• Adverse impacts arising from project design, planning and implementation including involuntary
resettlement would be avoided, minimized and mitigated by exploring design alternatives.
• Project related information including entitlements to affected persons (APs) will be disclosed in a
timely manner and will be made available in places easily accessible to them and in local languages.
• Consultations will be carried out with APs and their communities to elicit their views and
suggestions on project design and implementation procedures and to ensure their participation in
project planning, implementation and monitoring.
• Given the lengthy and cumbersome procedures involved in land acquisition, the Project
Implementing Agency (PIA) i.e. CEB will opt for a negotiated settlement based on the willing
buyer – willing seller principle – to acquire the land required for the project, but will ensure
transparency, consistency and fairness in all its transactions including third party validation,
calculation of replacement cost of land and other assets, record keeping etc. If, however, negotiated
settlement failed, PIA will follow the acquisition procedure prescribed in the LAA and will ensure
that APs are compensated at replacement cost as per the 2008 Regulations.
• Permanent and temporary loss of crops, standing trees and commercial trees due to project
constructions will be compensated at replacement value determined by the Divisional Secretaries
of the respective areas.
• Civil construction works will be scheduled for off-farming seasons to minimize adverse impacts
on crops and cultivations.
• Vulnerable persons/households affected by land acquisition, and physical and/or economic
displacement will be provided with resettlement assistance.
• All entitlements and compensation will be paid to the APs prior to the commissioning of the civil
construction work.
• Livelihoods and incomes of all displaced persons will be restored and improved.
27
• Grievance redress mechanisms will be established at different levels from construction sites to the
PIA level to receive and resolve any grievances from APs and to be resolved within a reasonable
time frame.
• Contractual agreements with construction companies will ensure that contractors adopt adequate
safety measures and avoid disturbances causing from noise, dust etc.
• A resettlement plan will be developed incorporating APs entitlements, compensation procedures,
plans for livelihood and income restoration and improvement, grievance redress mechanisms etc.
and will be disclosed in an accessible place and in a form and language(s) understandable to APs
and other stakeholders.
• Compliance with the safeguards policies and principles by PIA and the outcomes and impacts of
resettlement will be monitored by both internally and externally.
28
CHAPTER 7 - ENTITLEMENTS, ASSISTANCE AND BENEFITS
Any person or household, or community who suffers loss of land, shelter, business, and incomes because of the
Project impact irrespective of their title is eligible for receiving compensation and/or rehabilitation and
resettlement assistance to offset such losses enabling restoration of living conditions to a state better or equal to
the pre-project situation. All APs who are identified in the project-impacted areas on the cut-off date will be
entitled to compensation for their affected assets, and rehabilitation measures. The cut-off date for titleholders
will be the date of formal notification under LAA, i.e. date of issuing Section 2 Notice, and for non-titleholders
it would be the date of the census survey conducted based on the final design and survey. Those who encroach
into the subproject area after the cut-off date will not be entitled to receive compensation or any other assistance.
7.2 Entitlements
The entitlement matrix (Error! Reference source not found.) summarizes the main types of losses and the
corresponding entitlements in accordance with the policies and legal framework of the GoSL and ADB
safeguard policies.
Table 7.1: Entitlement Matrix
No. Type of Loss Affected persons Entitlement Details
1. Agricultural /commercial plantation land to be acquired
Legal titleholders/persons with land use rights recognized under the law
Cash compensation at replacement cost and transaction costs
• Statutory compensation as per LAA and 2009 LA regulations
• Cash compensation at replacement value for lost trees and crops
• Compensation for the residual land if the remaining portion is a non-viable entity and the willingness of the land owner to surrender that land
• Three months advance notification for harvesting crops, or compensation for crop damage
• Transaction costs of land acquisition caused to the AP
2. Full loss of residential land and structures
Legal titleholders/persons with land use rights recognized under the law
Cash compensation at replacements cost and resettlement assistance
• Statutory compensation as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials
• Right to salvage material from the demolished structure
• Resettlement assistance (transportation, transitional housing) and livelihood restoration support as per the 2009 LA Regulations
3. Partial loss of residential land and structures
Legal titleholders/persons with land use rights recognized under the law
Cash compensation at replacement cost and resettlement assistance
• Statutory compensation as per LAA and 2009 LA regulations
• Compensation for the residual land and structure if the remaining portion is a non-viable entity and
29
No. Type of Loss Affected persons Entitlement Details
the willingness of the land owner to surrender that land and structure
• Right to salvage material from the demolished structure
• Resettlement assistance (transportation, transitional housing) and livelihood restoration support as per the 2009 LA Regulations
4. Full loss of commercial properties & businesses
Legal titleholders/persons with land use rights recognized under the law
Cash compensation at replacement cost
• Statutory compensation for land and structure as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials
• Right to salvage material from the demolished structure
• Cash assistance for re-establishing the businesses as stipulated in the 2009 LA Regulations
5. Partial loss of commercial properties & businesses
Legal titleholders/persons with land use rights recognized under the law
Cash compensation at replacement cost
• Statutory compensation for land and part of structure as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials
• Compensation for the residual structure if the remaining portion is a non-viable entity and the willingness of the land owner to surrender that structure
• Right to salvage material from the demolished structure
• Cash assistance for re-establishing the businesses as stipulated in the 2009 LA Regulations
6. Loss of residential structure
Squatters/ Encroachers/non-titleholders
Cash compensation at replacement cost
• Cash compensation at replacement cost
• Right to salvage material from the demolished structure
• Additional assistance will be paid to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation
7. Partial loss of residential structure
Squatters/ Encroachers/non-titleholders
Cash compensation at replacement cost
• Compensation only for the affected structure at replacement cost according to the actual loss to repair or rebuild the structure to original or better condition when remaining part is sufficient for rebuilding.
• Right to salvage material from the demolished structure
30
No. Type of Loss Affected persons Entitlement Details
• Additional assistance will be paid to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation
8. Loss of livelihoods
Squatters/encroachers/non-titleholders/Tenant farmers/share croppers/ vulnerable3 and poor households4
Rehabilitation assistance
• Cash assistance to re-establish livelihoods & incomes determined on the basis of the scale of the livelihood activity
• Livelihood related training, access to credit and markets to the AP or a family member
• Cash assistance to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation
9. Permanent loss of standing trees and commercial trees
Titleholders/non-titleholders/tenant farmers/sharecroppers
Cash compensation at replacement cost
• Cash compensation determined by the Divisional Secretary based on the type, age, productivity, lost income during the life cycle of the trees
• Three months advance notification for harvesting crops
• Cash assistance to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation
10. Temporary loss of crops and trees during project construction and maintenance
Titleholders/non-titleholders/tenant farmers/sharecroppers
Cash compensation at replacement cost and special assistance to vulnerable APs
• Cash compensation determined by the divisional secretary based on the type, age, productivity, lost income and time taken to re-establish the crops/trees to similar stage of development
• Restoration of land to its previous or better condition
• Three months advance notification for harvesting crops/trees
• Additional cash assistance for APs affected by tower footings not exceeding LKR 10,000
• Cash assistance to vulnerable APs not exceeding LKR 10,000 + 5% to compensate for annual inflation
11. Disturbances to livelihoods during project construction
Titleholders/non-titleholders/tenants farmers/sharecroppers
Cash compensation at replacement cost
• Cash compensation at replacement cost for loss of work days and incomes determined on the basis of the scale of economic activities
12. Damages caused to private
Titleholders/non-titleholders/tenants
Rehabilitation & restoration
• The contractor will be responsible to rehabilitate and restore the
3 Includes women headed households, elderly, and landless 4 Households living below the official poverty line and who receive the government’s food subsidy
31
No. Type of Loss Affected persons Entitlement Details
properties during project construction
damaged properties to the same or better level
13. Unforeseen impacts
Affected persons Will be assessed and determined based on safeguards principles and incorporated into the Entitlement Matrix
32
CHAPTER 8- RELOCATION AND INCOME RESTORATION
The sub project of 33kV tower line from Irakkandi gantry to Kumburupiddi gantry will not cause any physical
displacement of the populations. However, it will result in economic displacements to a considerable population.
The total length of the finalized line route is 7.6 km. The 1.5 km length of line goes through the forest
reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km length of line
goes through the saltern managed by the Raigam Salt Company. Therefore, the overall impact of the losses on
households’ economy and living standards is very less. The line will cause loss of 204 nos. standing and
commercial trees. Out of them, 40 nos. trees lie in CCD area, 82 nos. trees lie in Forest Department area and
balance 82 nos. trees lie within seven private lands. Among these 82 nos. of trees in private lands , 59 nos. are
palmyra trees along the land boundaries.
The trees to be cut-down will be compensated at replacement value determined by the divisional secretary based
on the type and age of the tree, its productivity, and the lost income during the life cycle of the trees. DS
(Kuchchaveli) has already assessed the compensation to be paid for these trees in private lands.
Similarly, APs will also be compensated for any losses during construction and maintenance periods at
replacement cost. In addition, additional cash assistance up to LKR 15,000 is to be provided to APs affected by
tower footings. The project will also provide cash assistance for encroachers, squatters, non-title holders,
tenants and sharecroppers to re-establish livelihoods and incomes determined on the basis of the scale of their
livelihood activity. The vulnerable APs will be provided with additional cash assistance in the form of a lump
sum not exceeding LKR 10,000 and 5% to compensate for annual inflation per affected household. The PMU
will issue advance notice to the APs prior to the start of the construction work and all the compensation will be
paid prior to the commencement of civil works. In case of any maintenance work in the future, CEB will follow
the same procedure to provide compensation to the APs. Therefore, all permanent and temporary economic
losses will be properly compensated, but no physical relocation or long-term income restoration programs are
envisaged for this project.
33
CHAPTER 9 - RESETTLEMENT BUDGET AND FINANCING PLAN
The resettlement budget was prepared based on the Entitlement Matrix which provides for payment of compensation at replacement cost and includes compensation for loss of trees and crops. The compensation for tower footings in this budget will be revised and updated after completion of the final engineering designs. CEB will disburse the necessary funds through PMU to cover the land compensation costs.
9.1 Notes on Budgetary Provisions
The following section describes the criteria used for calculating the resettlement budget.
1. Compensation for temporary loss of crops and trees: The 1.5 km length of line goes through the
forest reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km
length of line goes through the saltern managed by the Raigam Salt Company. There is no significant
income loss due to loss of vegetation or other crops within this line traverse. The significant income
loss will come over the loss of standing and commercial trees. Based on the type, age, productivity, lost
income and time taken to re-establish the trees to similar stage of production the compensation will be
estimated by DS and Forest Department.
2. Compensation for tower footings
The assessed compensation for tower footings is SLR 15000/- and it will be paid to the party decided
by DS.
3. Compensation for loss of salt production
Loss of salt production during the construction period will be assessed considering the production line
activities and nature of disturbance to saltern.
4. Resettlement Assistance for vulnerable households: There are no any household who lives below the
official poverty line and residing in the sub project execution area.
Compensation will be paid after getting the concurrence of ADB for the adjusted route. Table 0.1: Resettlement Budget
No Item unit Unit rate quantity Duration Total Cost
Rs.
01 Loss of standing trees and
commercial trees
Number Refer Table 9.2
204 Paid after route approval received from ADB
1,250,000/
02 compensation for utilization of land for tower footing
Number 15,000 26 As decided by DS
390,000/-
03 Cost of Irakkandi gantry land
Paid before start gantry work
1,100,000/-
04 Kumburupiddi gantry land long term lease
As requested by DS
250,000/-
05 Loss of salt production As agreed with Raigam Salt Company
500,000/-
06 Losses to CCD area 750,000/
Grand Total 4,240,000/-
34
Table 0.1: Estimated Value of Trees to be affected on the RoW of 33 kV Lines
Serial No. Name of the Tree No of Trees
1 ඉපිල් ඉපිල් / Ipil Ipyl 1
2 කඩ ොලොන / Mangroves 45
3 කදුරු / Kaduru 1
4 කරඳ / Karanda 1
5 කිහිරිය / Kihiriya 4
6 ඩකොඩ ොඹ / Khomba 8
7 ගංසුරිය / Gansuriya 2
8 තල් / Palmyra 69
9 දං / Cranberry 5
10 දිවුල් / Wood Apple 1
11 නුග / Nuga 2
12 පලු / Palu 17
13 ඩපොල් / Coconut 9
14 මයිල / Mayila 15
15 මිල්ල / Milla 1
16 යක මරං / Yakadamaran 1
17 ඩෙලන් / Welan 15
18 සියඹලො / Tamarind 1
19 ැළඹ / Helamba 1
20 හික් / Hik 5
21 Total 204
Estimated cost SLR 1,250,000/-
35
CHAPTER 10 - INSTITUTIONAL ARRANGEMENTS
CEB will be the executing and implementing agency for the components to be financed by the loan. A
steering committee, chaired by the MPRE secretary, guide CEB and review progress and results. CEB
set up project management units.
The PMU will be responsible among other things for overall coordination, supervision and monitoring
of project’s compliance with social safeguards which include resettlement planning, fund disbursements, coordination of all activities related to RP implementation, monitoring and reporting.
The PD will also liaise with CEB and ADB for all functions related to safeguards management and
reporting. The PD will be assisted the Project Implementation Unit (PIU) headed by Project Manager
(PM). PIU placed in CEB’s distribution division-1 coordinate all functions and activities related to
project implementation including social safeguards management in all respective regions.
For this subproject the PIU has a project engineer and an electrical superintendent.
In the implementation of the RP, PMU will carry out the following functions.
• Prepare the draft RP, final RP and any other updated versions of RP through meaningful consultations
with APs and other stakeholders and submit to the ADB
• Coordination with relevant government agencies
• Monitor the compliance of the RP implementation with safeguard policies and plans
• Prepare budgets and disburse funds required for the planned activities of the RP
• Ensure the timely and effective disclosure of information to the APs and the conduct of consultations
• Facilitate the prompt payment of compensation to the APs before land is handed over to the contractors
and the commencement of civil works
• Engage in grievance redress and ensure the prompt resolution of complaints
• Conduct periodic reviews, appraisals, surveys and studies
• Report to both the Government of Sri Lanka and ADB
The project engineer and his staff carry out the following resettlement and monitoring related activities for this
particular sub project.
• Ensure the smooth implementation of the resettlement activities
• Coordinate with local officials involved in resettlement activities
• Ensure budget and fund availability for resettlement activities
• Engage in grievance redress and ensure prompt resolution of complaints
• Report AP grievances to the PMU and ensure their resolution if complaints cannot be resolved at PIU
level
• Disburse compensation and other assistance to APs
• Ensure APs participation in resettlement activities
• Coordinate with contractors and ensure that contractors address the grievances of the APs on any issues
affecting them during project construction
• Prepare periodic progress reports for submission to the PMU
activities.
36
Table 0.1 describes the roles and responsibilities of the different agencies related to land acquisition and
resettlement activities.
Table 0.1: Institutional Roles and Responsibilities for Resettlement Activities
Pre-project implementation stage
Establish the PMU CEB
Appoint PD, PMs and staff to regional PIUs CEB
Finalize sites for subprojects CEB, PMU & PIU
RP preparation and updating stage
Conduct surveys, appraisals, consultations in subproject locations
CEB, PMU & Consultant
Prepare the draft RP CEB, PMU & Consultant
Disclosure of draft RP CEB & ADB
Update the RP based on final and detailed engineering designs
CEB & PMU
Disclosure of final RP CEB & ADB
RP Implementation stage
Establish the Grievance Redress Mechanism (GRM) PMU
Disclose information on GRM PMU
Initiate negotiations for land acquisition PMU
Finalize land transactions PMU
Prompt payment of compensation for land owners PMU & PIUs
Prompt payment of compensation for loss of crops, trees, livelihoods etc.
PMU & PIUs
Take over the possession of land PMU
Hand over the sites to contractor PMU
Conduct grievance redress PIUs, DS & PMU
Continue stakeholder consultations PIUs & PMU
Information disclosure PIUs & PMU
Monitor safeguards compliance PIUs & PMU
Progress reporting PIUs & PMU
38
CHAPTER 11 - IMPLEMENTATION SCHEDULE
Activities related to social safeguards management will go through different phases which include preparation
of draft and final RPs, public consultations and information disclosure, and disclosure of RPs, payment of
compensation and other assistance, grievance redress etc. All activities related to land acquisition and payment
of compensation and resettlement will be completed before subproject sites are handed over to the contractor
and the commencement of the civil work constructions. No physical or economic displacement of APs will
occur until full compensation is paid to the APs at replacement cost. All land will be freed from its
encumbrances before they are handed over to the contractor. Most of the resettlement related activities will be
completed prior to the commencement of civil works. However, public consultations, information disclosure,
grievance redress processes and monitoring will continue on an intermittent basis for the entire duration of the
project which is now considered to be 3 years. Table 0.1 presents an implementation schedule for resettlement
activities. The timeframe planned for the completion of all resettlement activities is one year. The
implementation schedule for resettlement activities are tentative and subject to modification based on the actual
progress of work.
Table 0.1: Implementation Schedule
Activity Time Frame Responsibility
Project Implementation Stage
Establish the PMU Completed CEB
Appoint PD, PMs and staff to PIUs Completed CEB
Finalize sites for subprojects Completed PMU
Project Preparation Phase
Conduct surveys, appraisals, consultations in subproject locations
Completed PMU
Prepare the draft RP Completed PMU
Disclosure of draft RP Completed PMU/ADB
Update the RP based on final and detailed engineering designs
Being completed PMU
Disclosure of the final RP each update, once approved by ADB before commencing physical work.
PMU
RP Implementation stage
Establish the Grievance Redress Mechanism (GRM)
Being Completed PMU
Disclose information on GRM Being Completed PMU
Initiate negotiations for land acquisition Not applicable
Finalize land transactions Not applicable
Prompt payment of compensation for land owners
Prior to start physical work of each site
PMU
Prompt payment of compensation for loss of crops, trees, livelihoods etc.
From 01/05/2019 until project completion on 31/03/2021
PMU
Take over the possession of land Before starting construction work
Hand over the sites to contractor After fully compensated for each site.
PMU
Conduct grievance redress from 01/06/2017 until project completion on 31/03/2021
PMU
Continue stakeholder consultations from 01/06/2017 until project completion on 31/03/2021
PMU
Information disclosure from 01/01/2017 until project completion on 31/03/2021
PMU
39
Activity Time Frame Responsibility
Monitor safeguards compliance from 01/06/2017 until project completion on 31/03/2021
PMU
40
CHAPTER 12-MONITORING AND REPORTING
The PMU of CEB hold the responsibility for monitoring the overall project processes, outputs, outcomes and
impacts in periodic intervals. It will establish a monitoring desk at the PMU to conduct the monitoring activities.
The monitoring officer will be assisted by the PIUs and the project manager by providing periodic progress
reports on the status of safeguards implementation.
The PMU has developed a monitoring plan which includes the key areas for monitoring, methodologies and
relevant indicators and plans for disclosure of monitoring results well in advance of the project implementation.
The monitoring system will also focus on engaging all the relevant stakeholders in the monitoring processes
and adopt participatory processes. The methodologies would include review of documents produced by the
PIUs, contractors etc., individual/group meetings with APs and other stakeholders and surveys and studies.
The monitoring officer will undertake regular field visits to project sites and engage in communication with
APs and ensure that consultations are conducted regularly and effectively. The monitoring process will also
focus on (i) the progress of the implementation of the RP, (ii) the level of compliance of project implementation
with safeguards plans and measures provided in the legal agreements including payment of compensation and
other resettlement assistance and mitigation of construction related impacts, (iii) disclosure of monitoring results
to the APs and other stakeholders and (iv) the level of consultations conducted with APs and other stakeholders
to address gaps in RP implementation and to identify necessary measures to mitigate, avoid or minimize adverse
impacts arising from project implementation and (v) redressal of APs’ grievances.
The monitoring officer will systematically document the monitoring results and monthly reports will be
produced. The PMU submit consolidated bi-annual reports for review by ADB on the progress of the safeguard
implementation of resettlement activities and any compliance issues and corrective actions adopted. These
reports will closely follow the involuntary resettlement monitoring indicators agreed at the time of resettlement
plan.
The indicators for safeguards monitoring will include the following.
Status of the RP – conduct of surveys and census after the completion of the final engineering designs and
updating the RP, disclosure to APs and other stakeholders and obtaining approval
Public consultations and information disclosure – type of consultations conducted, participation of APs and
other stakeholders, issues discussed and addressed, status of information disclosure, outcomes of consultations
and measures adopted to address them in the updated and final RP
Land acquisition – status of property valuation and acquisition process, objections from the interested parties,
legal action taken (if any), land clearances, handing over the land to contractors etc.
Payment of compensation – status of statutory and another ex-gratia compensation paid
Mitigation of adverse impacts arising from construction work – progress of construction work and any adverse
effects on adjacent communities
Grievance redress –status of handling grievances and grievance redress
The resettlement program of the subproject will be monitored internally by the officers attached to the PMU.
The objectives of monitoring the resettlement plan implementation are to provide information to the Project
Director on the following.
a. the progress of implementation of activities which has temporary impacts to the AP’s; b. record and assess project inputs on RP implementation,
c. problems encountered in the implementation of the RP as early as possible,
41
d. plan actions for timely resolution of the resettlement related issues, and e. assess whether compensation, rehabilitation measures are sufficient
The information collected through the monitoring will help to determine whether the land use restriction has any significant adverse impact on the APs and if so to address such issues satisfactorily and on time. The objective of RP monitoring is to assist the APs to re-establish/ improve the living standards and help to adjust to the living. The PMU safeguard officers will make recommendations for changes to the RP where necessary to achieve these objectives and report to the PD.
42
ANNEXURE 1: SUBPROJECT DETAILS, MAPS & PHOTOGRAPHS
VALIKAMAM WEST (1)
VALIKAMAM NORTH (3)
PACHCHILAPALLI (1)
KANDAVALAI (1)
PUTHUKUDIYIRUPPU (2)
ODDUSUDAN (1)
MANTHAI EAST (2) MADU (2)
VAVUNIYA NORTH (2)
KUCHCHAVELI (1)
KINNIYA (1)MUTHUR (3)
KARACHCHI (2)
KORALAIPATTU (7)
ERAVURPATTU (3)
THANAMALVILA (5)
HAMBANTOTA (1)
GALLE (1)
SAMANTHURAI (1)
THIRUKKOVIL (1)
UHANA (1)
MAHAOYA (2)
KEKIRAWA (1)
DAMBULLA (1)THAMANKADUWA (1)
AMBANGANGA KORALE (3)
DEHIATTAKANDIYA (1)
NAULA (1)
LAGGALA (1)WILGAMUWA (2)
PADIYATHALAWA (4)
UDUDUMBARA (8) MINIPE (3)
MAHIYANGANAYA (1)
RIDIMALIYADDA (2)
BIBILA (1)
MEDAGAMA (2)
MONARAGALA (2)
BUTHTHALA (4)WELLAWAYA (3)
HALDUMULLA (3)
HAPUTALE (1)
NUWARA ELIYA (2)
WALAPANE (1)GANGA IHALA (1)
AMBAGAMUWA (1)
DOLUWA (1)
MEDADUMBARA (2)
PATHAHEWAHETA (1)
HANGURANKETHA (3)
HEWAHETA (1)
PUTTALAM
KEERIYANKALLIYA
MAHO
MA-ELIYA
MALLAWAPITIYA
RATHMALGODA
IDANGODA
RATHNAPURA
WIMALASURENDRA
MASKELIYA
WARUKANDENIYA
MORAWAKA
YAKABEDDA
MATARA
MATTAKA
KUMBURUPITIYA
IRAKANDY
KAPPALTHURAI
6 MILE POST
UHANA
AMPARAKEGALLE
GEVILIPITIYA
WELLAWAYA
MONARAGALA
BADULLA
ELLA
MAHIYANGANAYA
BIBILA
THAWALANTENNA
CHOISY
DELFT
NAINATIVU
ANALAITIVU
DS Division of Proposed RE Schemes (No. of RE Schemes)
Proposed Gantry
Existing Gantry
Existing Grid Substation
Proposed Hybrid Renewable Energy Systems
Proposed 33 kV Tower Line
UKUWELA (1)
AKURANA (1)
ELPITIYA 11 MILE POST
TH
TH
Provincial Capital CitiesJAFFNA
COLOMBO
KANDY
ANURADHAPURA
BATTICALOA
KURUNEGALA
DS: Divisional SecretariatRE Shemes:Rural Electrification SchemesType of proposed 33kV tower lines: Double circuit lines with Lynx conductorType of proposed gantries: Two-section single bus bar
Proposed Existing Grid Substation for BSC
Pannipitiya
Biyagama
BSC: Breaker Switched CapacitorsSVC: Static Var Compensator
Proposed Existing Grid Substation for SVC
43
B. List of 33 kV Lines
CEB
Distribution
Division Province Line Length (km)
DD1 NWP Puttalam GS to Keeriyankelliya 27 NWP Mallawapitiya GS to Ratmalgoda 16 NWP Maho GS to Ma-Eliya gantry 24
DD2
CP Wimalasurendra GS to Maskeliya Gantry 10 EP Ampara GS to Uhana Gantry 10 EP Kappalthurai GS to 6th Mile Post gantry 13.92 EP Irankandy gantry to Kumburupitiya gantry 7.6 CP Choisy gantry to Thawalantenna 5 CP Kegalle GS to Gavilipitiya gantry 11
DD3
Uva Badulla GS to Ella 16 Uva Mahiyanganaya GS to Bibile 30 Sab Ratnapura GS to Idangoda via Ketaliyanpella 19 Uva Monaragala GS to Wellawaya 34
DD4 SP Warukandeniya to Morawaka 18
SP Elpitiya 11th Mile Post to Mattaka 11
SP Matara GS to Yakabedda Gantry 18
Total 270.5
44
C: Photographs of the sub project; 33kV tower Irakkandi gantry to 6th Mile Posti gantry
MEETING WITH HON.AJITH MANNAPPERUMA, MINISTER OF ENVIRONMENT AND OTHER
GOVERNMENT OFFICERS
2018.08.28
2018.08.28
47
ANNEXURE 2: 33 kV LINE ROUTE MAPS;
33kV tower line from Irakkandi gantry to Kumburupiddi gantry
–original route is indicated in Pink and the finalized route is indicated in red.
48
ANNEXURE 3: INVENTORIES OF THE 33 kV LINE ROUTES
F. 33 kV DC Lynx Tower Line from Irakkandi gantry to Kumburupiddi Gantry
No.
Kilometer
Dis
tan
ce (
km
)
No
of
Dis
tric
ts
an
d N
am
es
No o
f vil
lages
an
d
nam
es
No o
f T
ow
ers
Are
a
of
tow
er
(m2)
Are
a
un
der
th
e
RO
W (
m2)
Ow
ner
ship
of
Lan
d
(Pri
vate
,
Gover
nm
ent,
Fore
st)
Use
of
Lan
d
(Agri
cult
ura
l,
Pla
nta
tion
,
barr
en/f
all
ow
)
Nam
e of
crop
s
Typ
es a
nd
No o
f T
rees
No
of
Aff
ecte
d
Hou
seh
old
s
An
y
pu
bli
c
pro
per
ties
aff
ecte
d
Fro
m To
1 0 1 1 Trincomalee Kumburup
iddi 5
6×6
2000
0
Private &
Coastal
Conservat
ion Dept.
Forest/
Agricult
ural
Onion/Other trees
Palmyra– 19
Cranberry -
04
Coconut – 04
Others trees -
21
- None
2 1 2 1 Trincomalee Kumburup
iddi 3
6×6
2000
0
Coastal
Conservati
on Dept.
Forest
Other trees
Palmyra– 50
Coconut – 05
Others trees -
18
- One by road
is crossed,
3 2 3 1 Trincomalee Kumburup
iddi 3
6×6
2000
0
Coastal
Conservati
on Dept.
Forest
Other trees
Palmyra– 50
Coconut – 05
Others trees -
18
-
4 3 4 1 Trincomalee Kumburup
iddi 3
6×6
2000
0
Coastal
Conservati
on Dept.
Forest
Other trees
Others trees
- 13 -
5 4 5 1 Trincomalee Kumburupiddi
4
6×6
20000
Government, Forest & Coastal Conservation Dept.
Forest Other trees
Other trees -70 -
One by road and 33kV pole line are crossed,
6 5 6 1 Trincomalee Kumburupiddi
3 6×6
20000
Forest & Saltern
Forest / Salt
Other trees
None -
49
No.
Kilometer
Dis
tan
ce (
km
)
No
of
Dis
tric
ts
an
d N
am
es
No o
f vil
lages
an
d
nam
es
No o
f T
ow
ers
Are
a
of
tow
er
(m2)
Are
a
un
der
th
e
RO
W (
m2)
Ow
ner
ship
of
Lan
d
(Pri
va
te,
Gover
nm
ent,
Fore
st)
Use
of
Lan
d
(Agri
cult
ura
l,
Pla
nta
tion
,
barr
en/f
all
ow
)
Nam
e of
crop
s
Typ
es a
nd
No o
f T
rees
No
of
Aff
ecte
d
Hou
seh
old
s
An
y
pu
bli
c
pro
per
ties
aff
ecte
d
Fro
m To
production
7 6 7 1 Trincomalee Kumburupiddi
2 6×6
20000
Saltern Salt production
None -
8 7 8 0.6 Trincomalee Kumburupiddi
3 6×6
12000
Governm
ent &
Saltern
Salt production
Other trees
None - One by road within saltern is crossed
50
ANNEXURE 6: DETAILS OF TREES TO BE REMOVED FOR CLEARING THE RIGHT OF WAY
(ROW) OF 33 kV LINE; Irakkandi gantry to Kumburupiddi gantry
Serial No. Name of the Tree No of Trees
1 ඉපිල් ඉපිල් / Ipil Ipyl 1
2 කඩ ොලොන / Mangroves 45
3 කදුරු / Kaduru 1
4 කරඳ / Karanda 1
5 කිහිරිය / Kihiriya 4
6 ඩකොඩ ොඹ / Khomba 8
7 ගංසුරිය / Gansuriya 2
8 තල් / Palmyra 69
9 දං / Cranberry 5
10 දිවුල් / Wood Apple 1
11 නුග / Nuga 2
12 පලු / Palu 17
13 ඩපොල් / Coconut 9
14 මයිල / Mayila 15
15 මිල්ල / Milla 1
16 යක මරං / Yakadamaran 1
17 ඩෙලන් / Welan 15
18 සියඹලො / Tamarind 1
19 ැළඹ / Helamba 1
20 හික් / Hik 5
21 Total 204
Estimated cost SLR 1,250,000/-
51
ANNEXURE 7: CONSENT/ REQUEST LETTERS FOR LANDS IDENTIFIED FOR HYBRID POWER
PLANTS AND GANTRIES
Letter sent by CEB to Divisional Secretary regarding the basic information of the subproject
90
ANNEXURE 9: SUMMARIES OF PUBLIC CONSULTATIONS
A. Summary of Public Consultations conducted for 33 kV Tower Lines and Gantries:
Name of the Project: 33kV tower line from Irakkandi gantry to Kumburupiddi gantry
Name of the village/s: Kumburupiddi (North, South and East)
Name of the GNDs: Kumburupiddi – North, Kumburupiddi – South, Kumburupiddi – East
Name of the DS Division: Kuchchaveli
Date of the consultation: 19.12.2016, 26.01.2017
Issues discussed/Activities carried out:
• Explain the requirement of new line
• Information given on the selected line route
• Collecting details of land owners/tenants
• Distribution of W notices
• Explained about how to respond to the W notice
• Introduce relevant officers of PMU who are working on this line
• Tree marking on 10m width of the RoW
91
Annexure -10: Documents published by PUSL regarding route approval
.(1) NOTICE REQUIRING WAYLEAVE (W - NOTICE) To: …………………………………………………………………………………............. (name of the occupier of the land, if the occupier is not also the owner, name of the owner) In terms of Item 3 of Schedule I of the Sri Lanka Electricity Act, No. 20 of 2009 (as amended), a notice is hereby given requiring the grant of wayleave1 at the land located at: 1 'wayleave' means such interest in the land as consists of a right of licensee, to install and keep installed, an electric line on, under, or over, that land and to have access to that land for the purpose of inspecting, maintaining, adjusting, repairing, altering, removing or replacing such electric line. ……………………………………………………………………………………………………………………………………………………………………………………………............ (address of the land) A description of the required wayleave is given below: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... If you are willing to grant the required wayleave, please communicate it to the undersigned within twenty one (21) days from the date of this notice, in the form attached herewith. However, if no response is received by us within the said period, it would be considered that you are not willing to grant the wayleave. …………………………………………………. Signature of authorized officer of the licensee Name of authorized officer: …………………………………… Contact number: ………………………................................ Address: …………………………………………………... Date: dd/mm/yyyy (date of notice)
92
(Form to be used by a landowner in granting wayleave)
(2) GRANT OF WAYLEAVE To: (licensee) I ……………………………………………………................................................................... (full name) being the owner / occupier* of the land located at .................................................. ..................................................................................................................................................... ……………………………………………………………….………… (address of the land), hereby grant the wayleave requested by the notice dated ….............. The wayleave is granted subject to the terms & conditions given below: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... …………………………… Signature NIC Number: .................................... Date: ................................. (*please strike off the inappropriate words)
93
(3) WAYLEAVE AGREEMENT Parties: (1) Name: ...................................................................................... (“Owner / Occupier*”) Address: ...................................................................................... ...................................................................................... ...................................................................................... (2) Name: ...................................................................................... (“Licensee”) Address: ...................................................................................... ...................................................................................... ...................................................................................... Terms and conditions of the owner / occupier* of the land: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... Terms and conditions of the Licensee: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... We, the owner / occupier* of the land and the Licensee, agree to the above terms and conditions. ........................................................... ..................................................
………………………. ………………………
Owner / Occupier* of the land Licensee Date: ......................... Date: .............................
(*please strike off the inappropriate words)
94
(4) Part 5 – Information for the general public
5.1 Wayleave
(a) As per the Electricity Act, the licensees are granted powers to install any electric line or electrical plant
under, over, in, on, along or across any street with the consent of the local authority or other relevant authority.
Hence, the licensees are not required to obtain wayleave from any landowner in such instances.
(b) But the licensees require wayleave to install or keep install an electric line on, over or under a land. The
licensees can obtain wayleave:
(i) by agreement between the parties (i.e. licensee and owner or occupier of the land)
(ii) by way of an authority granted by the Divisional Secretary; or
(iii) by way of an acquisition of the wayleave
(c) Initially, the licensee will issue a notice to the owner or occupier of the land requiring the wayleave. It will
make all reasonable efforts to secure the grant of wayleave (by agreement between parties) prior to making an
application to the Divisional Secretary requiring authority to install the electric line.
(d) Upon receipt of a notice requiring wayleave to install a new electric line, from a licensee, an owner or
occupier of the land may:
(i) grant wayleave without any terms & conditions - licensee will install the line
(ii) remain silent - licensee may consider that the owner of the land is not willing to grant wayleave and hence,
may apply for authority to install the electric line from the Divisional Secretary
(iii) grant wayleave subject to terms & conditions - licensee may either accept the grant subject to landowner’s terms & conditions, or apply for authority to install the electric line from the Divisional Secretary subject to the
terms & conditions acceptable to
(iv) if he or she is not willing to grant the wayleave, inform the same to licensee in writing - licensee may
consider alternatives (if any) or apply for authority to install the electric line from the Divisional Secretary
(e) However, it is advisable for the owners and occupiers of lands to be proactive and duly respond to any such
notices or communications (verbal or written) received from licensees, requesting wayleave. Owners and
occupiers of lands are advised to propose terms & conditions (subject to which he or she may be willing to grant
wayleave) including the compensation in respect of the grant of the wayleave. Such terms & conditions may be
accepted by the licensees or may be considered by the Divisional Secretaries at any relevant inquiries. Please
refer paragraph 2.3 above for particulars relating to granting of compensation with respect to wayleave.
(f) When an owner or occupier of a land requires to get an electric line which is already installed on, under or
over a land removed, he or she may issue a notice to the licensee requiring the removal of such line - please
refer item 2.2 (a) for details. Upon receipt of such notice the licensee, upon making all reasonable efforts to
secure the grant of wayleave (by agreement between parties), may apply for authority to keep installed the
electric line from the Divisional Secretary.
(g) It is in the best interest of an owner or occupier of any land to participate at any inquiry conducted by a
Divisional Secretary, at which he or she will be given an opportunity of being heard. Also the provision of all
relevant information at any such hearing would assist the Divisional Secretary in making an informed decision
which is fair by all the parties.
95
5.2 Felling or lopping of trees
(a) If any tree is or will be in close proximity to an electric line or electrical plant which has been installed or is
being or to be installed as to obstruct or interfere with the installation, maintenance or working of an electric
line/plant or is a source of danger to public, such tree has to be felled or lopped or its roots be cut back so as to
prevent it from having such effect.
(b) As per the Electricity Act, the licensees is required to give a notice to occupier of the land on which the tree
is growing, requiring him or her to fell or lop or cut back roots of a tree, referred to in (a) above.
(c) If the occupier of the land fails to comply with the requirements of a notice (issued by the licensee to fell or
lop the tree or cut back roots of a tree) and has not given a counter-notice, within seven (7) working days of the
notice, the licensee is empowered to fell or lop or cut back roots of such tree.
(d) Therefore, if an occupier of a land has any objection for felling or lopping or cutting back roots of a tree (as
required by the licensee), he or she shall give a counter-notice to the licensee within seven (7) working days of
a notice by the licensee to that effect. Upon receipt of a counter-notice, the licensee may refer the matter to the
Divisional Secretary who will give an opportunity of being heard to the parties before making an order.
(e) If the occupier of the land complies with the requirements of the notice, the licensee will pay to him or her
any expenses reasonably incurred in complying with the requirements of the notice. However, no compensation
is payable by the licensee for the economic losses incurred by the owner or occupier of the land as a result of
felling or lopping or cutting back roots of a tree.
(f) The Divisional Secretary upon conducting an inquiry may make such order as he or she thinks just in the
circumstances allowing the licensee to cause the tree to be felled or lopped or its roots to be cut back to prevent
it from having any effect referred to in (a) above.
(g) If a licensee is empowered to fell or lop the tree or cut back roots of a tree, under (c) or (f) above, it shall
comply with the requirement specified under paragraph 3.5 above.
96
(5) Part 6 – General 6.1 For the licensees
(a) The licensees shall keep a copy of these guidelines in all three languages (Sinhala, Tamil and English) at its
area offices, branches and consumer service centers (as applicable) for reference by general public during
normal working hours.
(b) The notices referred to in paragraphs 2.1(a) and 3.1 above would not be considered as delivered/received,
unless acknowledged by the intended recipient. The periods specified in such notices would be counted with
effect from the date of acknowledging the receipt of the same.
(c) It is advisable to deploy the staff with best inter-personal and communication skills in attempting to secure
the grant of wayleave from the owner or occupier of any land. It has been noted that, in many instances, the
wayleave could have been obtained from the owners or occupiers of land itself, by using appropriate
communication skills and by providing information to avoid any misunderstandings.
(d) The installation of electric lines and electric plants shall be planned in a manner in which the economic usage
of land is optimized and the disturbance to the general public is minimized. Any planned expansions in the
distribution and transmission networks shall also be considered in determining the path of an electric line.
6.2 For the Divisional Secretaries
Adhering to the general guidelines specified below would ensure the legitimacy and dependability of the
decisions made by the Divisional Secretaries with respect to the Parts 2 and 3 above:
(a) It shall be ensured that all inquiries, hearings, meetings, etc. held and decisions made by the Divisional
Secretaries are arrived at by following a due process and based on the principles of natural justice.
(b) All the relevant parties, specially the relevant owner or occupier of the land, shall be duly informed of any
inquiry, hearing or meeting to be conducted. It is advisable to obtain an acknowledgment of receipt of any notice
of such inspection, hearing or meeting.
(c) All the relevant parties, specially the relevant owner or occupier of the land, shall be given an opportunity
to express his or her views at such inspection, hearing or meeting.
(d) If it is revealed that the owner or occupier of the land has not received the notice or has not been present due
to unavoidable circumstances, it is prudent to re-conduct any planned inspection, hearing or meeting with the
participation of the owner or occupier of the land.
(e) The minutes/records of all inquiries, hearings, meetings, etc. held under the paragraphs 2.1(e), 2.2(d), 2.3(d)
and 3.4 shall be maintained and submitted to the Commission when requested to do so.
(f) All efforts shall be made to optimize the usage of land which is a limited natural resource.
(g) Even if the inquiries, hearings, meetings, etc. were conducted by an officer other than the Divisional
Secretary, the final decision on the matter shall be taken by the Divisional Secretary him/herself.
(h) Any decision made by a Divisional Secretary, including the basis on which it has been made, shall be duly
informed to all parties concerned
97
Annexure -11: The list of the affected parties and objection clearance
Serial No
W Notice No
Land Owner Name Land / Paddyfield
Address DS Division GS Division Contact No NIC NO W - Notice Issued Date
1 0004 Mr. K D D Parakum Bandara
Forest Range Forest Officer, Ranfe Forest Office, Gomarankadawala.
Kuchchaveli Kumpurupity South
0715141783 19/12/16
2 0005 Mr. Nandana Pushpakumara L Manager, Raigam Eastern Salt Company.
Kuchchaveli Kumpurupity South
0771061528 742921433V 19/12/16
3 0023 Mr. Subramaniam Amirthalingam
L Ward No. 06, Kumburupitiya.
Kuchchaveli Kumpurupity South
471882666V 26/01/17
4 0024 Mr. Senthil Vadivel Thurainagam
L Ward No. 06, Kumburupitiya.
Kuchchaveli Kumpurupity South
523043323V 26/01/17
5 0025 Mr. Selwamalar Gowreeswaran
L Ward No. 06, Kumburupitiya.
Kuchchaveli Kumpurupity South
837764629V 26/01/17
6 0026 Mr. Sadis L Ward No. 06, Kumburupitiya.
Kuchchaveli Kumpurupity South
0769620866 813135108V 26/01/17
7 0027 Mr. Nicolas Leo Duke L No. 33, Custom Road, Trinco.
Kuchchaveli Kumpurupity South
0779954267 762292262V 26/01/17
104
Annexure-13
OFFICERS INVOLVED IN FINALIZING THE LINE ROUTE OF IRAKKANDY TO
KUMBURUPIDDI LINE- DS OFFICE (KUCHCHAVELI)
Mr. P Thaneswaran
Divisional Secretary – Kuchchaveli
TP – 0262252619/ 0262252635 Ext: 201
Mr. M.B.M. Mubarak
Assistant Divisional Secretary – Kuchchaveli
TP – 0262252637/ 0262252635 Ext: 202
Mr. S Nithiyalingam
GN – Kumpurupity North
TP – 0771007952
Mr. T Vijayanathan
GN – Kumpurupity East
TP – 0775868732
OFFICERS INVOLVED IN FINALIZING THE LINE ROUTE OF IRAKKANDY TO
KUMBURUPITIYA LINE - FORREST DEPARTMENT, TRINCOMALEE
Dr. Wasantha Liyanage
Divisional Forest Officer – Tricomalee
105
TP – 0779985833
Mr. K D D Parakum Bandara
Range Forest Officer – Gomarankadawala
TP – 0715141783
Mr. L D Dayarathna
Beat Forest Officer – Kuchchaveli
TP – 0712492021/ 0768732125
OFFICERS INVOLVED IN FINALIZING THE LINE ROUTE OF IRAKKANDY TO
KUMBURUPITIYA LINE - COASTAL CONSERVATION DEPARTMENT
Eng. Thulasithasan
Area Engineer (Eastern Province)
(Coastal Development)
Tel: 011 2 472 622/ 091 2 234 832
Mobile: 0759991225