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The business of sustainability
Rewa Ultra Mega Solar Limited
RAP and LRP for RUMSL’s 1500 MW Solar Park Project and associated infrastructure across Neemuch, Agar and Shajapur, Madhya Pradesh
Volume I (Final Report)
11 May 2021
Project No.: 0528741
www.erm.com
www.erm.com Version: 2.1 Project No.: 0528741 Client: Rewa Ultra Mega Solar Limited (RUMSL) 11 May 2021
Document details This is Volume I of the Resettlement Action Plan (RAP) and Livelihood Restoration Plan (LRP) consolidated across RUMSL’s 1500 MW solar park project and transmission line in Madhya Pradesh, India. The deliverable is intended to summarise and document the land and natural-resource based dependence of affected communities in Agar, Shajapur and Neemuch districts of Madhya Pradesh and to provides entitlements and the proposed strategy to implement the same. Volume I of the RAP and LRP is accompanied by four (4) separate volumes (Volumes IIA, IIB, IIC and IID) that provide project-specific affected community context and involuntary resettlement impact details.
Document title RAP and LRP for RUMSL’s 1500 MW Solar Park Project and associated infrastructure across Neemuch, Agar and Shajapur, Madhya Pradesh
Document subtitle Volume I (Final Report)
Project No. 0528741
Date 11 May 2021
Version 2.1
Author ERM India Private Limited
Client Name Rewa Ultra Mega Solar Limited (RUMSL)
Document history
ERM approval to issue
Version Revision Author Reviewed by Name Date Comments
Draft 1.0 Akshita Misra,
Aritra
Chakraborty,
Ashish Singh,
Shashank
Chaudhary,
Shruti
Srikanth,
Vibha Singh
Sumati Bhatia
Rutuja
Tendolkar
Neena Singh 17
November
2020
Issued to RUMSL
for their review
and feedback
Draft Final 2.0 Akshita M,
Rutuja T.,
Shashank C.,
Shruti S.
Sumati B. Ajay P. 20 April
2021
Addresses
comments from
IFC and World
Bank and also
incorporates
details from the
Neemuch and TL
volumes
Final 2.1 Akshita M,
Rutuja T.,
Sumati B. Ajay P. 11 May 2021 Final RAP
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Signature Page
11 May 2021
RAP and LRP for RUMSL’s 1500 MW Solar Park Project and associated infrastructure across Neemuch, Agar and Shajapur, Madhya Pradesh
Volume I (Final Report)
Ajay Pillai
Partner
Rutuja Tendolkar
Principal Consultant
ERM India Private Limited
Building 10, Tower B, 3rd Floor
DLF Cyber City, Gurgaon
Haryana
India
Tel : 0124-4170300
© Copyright 2021 by ERM Worldwide Group Ltd and/or its affiliates (“ERM”). All rights reserved. No part of this work may be reproduced or transmitted in any form, or by any means, without the prior written permission of ERM.
www.erm.com Version: 2.1 Project No.: 0528741 Client: Rewa Ultra Mega Solar Limited (RUMSL) 11 May 2021
RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
CONTENTS
EXECUTIVE SUMMARY ......................................................................................................................... I
Overview ....................................................................................................................................................... I Scope of Work and Approach/Methodology ................................................................................................. II Applicable Reference Framework ............................................................................................................... IV Summary of Project Affected Impact Categories ......................................................................................... V Profile of Project Affected Communities ...................................................................................................... VI Screening of Involuntary Resettlement and Livelihood Impacts ................................................................... X Proposed Resettlement and Livelihood Restoration Policy and Entitlement Matrix ................................... XII
Principles for RAP &LRP ............................................................................................................. XII Survey Completion, Cut-off Date and Eligibility .......................................................................... XIII Entitlement Matrix ....................................................................................................................... XIII
Implementation Strategies ....................................................................................................................... XXI Implementation Arrangements ................................................................................................................ XXII Monitoring and Evaluation ..................................................................................................................... XXIII
1. INTRODUCTION .......................................................................................................................... 1
1.1 Preamble ....................................................................................................................................... 1 1.2 Project Overview ............................................................................................................................ 2 1.3 Objectives and Scope of Work ....................................................................................................... 5
1.3.1 Requirement for the RAP and LRP ............................................................................... 5 1.3.2 Objective of the RAP and LRP ...................................................................................... 5
1.4 Summary of Approach and Methodology ....................................................................................... 7 1.5 Limitations and Assumptions of the RAP and LRP ........................................................................ 9 1.6 Layout of the Document ............................................................................................................... 10
2. PROJECT FOOTPRINT AND PROCUREMENT PROCESS .................................................... 12
2.1 Project Footprint Optimization ...................................................................................................... 12 2.2 Land Requirement for the Project ................................................................................................ 12
2.2.1 Solar Park Sites .......................................................................................................... 12 2.2.2 Power Evacuation ....................................................................................................... 13
2.3 Land Procurement and Transfer .................................................................................................. 14 2.3.1 Process for procurement of Government Land for the Solar Parks............................. 14 2.3.2 Private Land and Patta Land ...................................................................................... 14
2.4 Procurement of Easements for the Transmission Line ................................................................ 21 2.5 Land Transfer .............................................................................................................................. 22 2.6 Potential Impacted Entities from Land Procurement .................................................................... 22
3. APPLICABLE REFERENCE FRAMEWORK ............................................................................ 24
3.1 Summary of Applicable Regulations and International Standards ............................................... 24
4. SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES .......................... 39
4.1 Unit Wise Profile of Project Affected Households ........................................................................ 39 4.2 Key Socio-economic Themes ...................................................................................................... 47
4.2.1 Settlement Patterns .................................................................................................... 47 4.2.2 Land Ownership and Use ........................................................................................... 47 4.2.3 Agriculture-based Livelihoods ..................................................................................... 48 4.2.4 Grazing Land .............................................................................................................. 48 4.2.5 Livestock Dependence ................................................................................................ 49 4.2.6 Social Groups and Dynamics ...................................................................................... 50 4.2.7 Prevailing Gender Context .......................................................................................... 50 4.2.8 Vulnerable Groups ...................................................................................................... 50
5. STAKEHOLDER IDENTIFICATION AND ENGAGEMENT ....................................................... 53
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
5.1 Summary of Stakeholder Engagement and Public Consultation for Resettlement Planning........ 53 5.1.1 Preliminary Consultations during Project Location and Concept/Pre-Feasibility ......... 53 5.1.2 Disclosure for Government Land Allotment ................................................................ 53 5.1.3 Engagement as part of the Environmental and Social Screening and Scoping
Assessment ................................................................................................................ 56 5.1.4 Engagement as part of the Environmental and Social Impact Assessment for Solar
Parks ........................................................................................................................... 56 5.1.5 Engagement as part of the Environmental and Social Impact Assessment for
Transmission Lines ..................................................................................................... 56 5.1.6 Engagement as part of Resettlement Planning ........................................................... 57 5.1.7 Feedback Received during Resettlement Planning .................................................... 57 5.1.8 Preliminary Feedback on Willingness to Sell .............................................................. 60
6. PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND
ENTITLEMENT MATRIX ............................................................................................................ 62
6.1 Screening of Involuntary Resettlement Impacts ........................................................................... 62 6.2 Scope........................................................................................................................................... 64 6.3 Principles ..................................................................................................................................... 64 6.4 Proposed Entitlements ................................................................................................................. 65
6.4.1 Entitlement Matrix ....................................................................................................... 67
7. MARKET VALUATION FRAMEWORK ..................................................................................... 75
7.1 Approach and Methodology ......................................................................................................... 75 7.2 Replacement Cost for Land Valuation ......................................................................................... 76 7.3 Replacement Cost for Affected Assets ........................................................................................ 79
7.3.1 Standing Crops ........................................................................................................... 79 7.3.2 Fruit and Timber Trees ............................................................................................... 80 7.3.3 Structures ................................................................................................................... 81 7.3.4 Other Immovable/Fixed Assets ................................................................................... 82
7.4 Calculation of Allowances ............................................................................................................ 83
8. RESETTLEMENT HOUSING ..................................................................................................... 85
8.1 Context of Physical Resettlement Planning ................................................................................. 85 8.2 Resettlement Housing and Rehabilitation Assistance: Assisted Relocation ................................ 86
8.2.1 Safeguards for Scenario I ........................................................................................... 86 8.2.2 Safeguards for Scenario II .......................................................................................... 86 8.2.3 Common Safeguards .................................................................................................. 87 8.2.4 Considerations for Incorporation into Assisted Relocation Strategy............................ 88 8.2.5 Plan for Assisted Relocation ....................................................................................... 88
9. LIVELIHOOD RESTORATION FRAMEWORK ......................................................................... 93
9.1 Context for Livelihood Restoration ............................................................................................... 93 9.1.1 Intensity of Livelihood Impacts .................................................................................... 93 9.1.2 Summary of Feedback on PAH Preference ................................................................ 94 9.1.3 Available Precedence ................................................................................................. 96 9.1.4 Factors on Identification of Initiatives .......................................................................... 96 9.1.5 Principles of Livelihood Restoration .......................................................................... 100
9.2 Livelihood Restoration Plan ....................................................................................................... 101 9.3 Implementing Livelihood Restoration Plan ................................................................................. 108
9.3.1 Finalization of the LR Initiatives ................................................................................ 108 9.3.2 Identification of Implementation Partner .................................................................... 108 9.3.3 Mapping Potential Implementation Partners ............................................................ 108 9.3.4 Sub-Activity Plan ....................................................................................................... 109 9.3.5 Implementation of Specific Livelihood Initiatives ....................................................... 109 9.3.6 Local Employment and Contracting Plan .................................................................. 109 9.3.7 Employment During Project Construction ................................................................. 109
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
9.3.8 Specific Implementation Safeguards ......................................................................... 111
10. GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION ............................... 112
10.1 Context Setting .......................................................................................................................... 112 10.1.1 Prevailing Gender Context ........................................................................................ 112 10.1.2 Gendered assessment of Involuntary Resettlement Impacts .................................... 114
10.2 Gender Mainstreaming Safeguards ........................................................................................... 115
11. INSTITUTIONAL STRUCTURE AND IMPLEMENTATION ..................................................... 122
11.1 Organisation Structure ............................................................................................................... 122 11.2 Implementation Safeguards ....................................................................................................... 125
11.2.1 Identification of RIC and Other Associated Organizations ........................................ 125 11.2.2 Preparatory Activities ................................................................................................ 125 11.2.3 Training and Coordination across Agencies ............................................................. 126 11.2.4 Information Management System ............................................................................. 126 11.2.5 Land Procurement and Land Access Safeguards ..................................................... 127 11.2.6 Implement Cash Compensation Payment Process and Tracking System ................ 128 11.2.7 Record keeping ......................................................................................................... 128 11.2.8 Execution of the Implementation Components ......................................................... 128 11.2.9 Specific Provisions for Vulnerable Groups ................................................................ 128 11.2.10 Linkage to Local Employment and Contracting Opportunities .................................. 129
11.3 Stakeholder Engagement and Grievance Management ............................................................ 129 11.3.1 Draft Final RAP and LRP Disclosure ........................................................................ 129 11.3.2 Final RAP and LRP Disclosure ................................................................................. 131 11.3.3 Facilitation of Surveys and HEPs .............................................................................. 131 11.3.4 Engagement as part of Land Procurement ............................................................... 131 11.3.5 Engagement as part of the RAP and LRP Implementation ....................................... 131 11.3.6 Proposed Engagement Activities RAP and LRP Monitoring ..................................... 132 11.3.7 Grievance Redressal Mechanism ............................................................................ 132
11.4 Costs and Budget ...................................................................................................................... 135 11.4.1 Consolidated Solar Park Budget ............................................................................... 135 11.4.2 Consolidated Transmission Line Budget ................................................................... 135 11.4.3 Key Assumptions for the Budget ............................................................................... 136
11.5 Implementation Schedule .......................................................................................................... 137
12. MONITORING AND EVALUATION ......................................................................................... 142
12.1 Framework Overview ................................................................................................................. 142 12.2 Internal Monitoring Process ....................................................................................................... 142
12.2.1 Internal Progress Tracking ........................................................................................ 143 12.2.2 Process Tracking ...................................................................................................... 143 12.2.3 Outcome/Impact Tracking ......................................................................................... 143 12.2.4 Stakeholder Participation .......................................................................................... 143
12.3 External Monitoring Process ...................................................................................................... 144 12.3.1 Quarterly Community Monitoring .............................................................................. 144 12.3.2 Independent Third-party Monitoring .......................................................................... 144
12.4 Monitoring Indicators ................................................................................................................. 145 12.5 Integration of Monitoring Findings into Implementation ............................................................. 150 12.6 Lender’s Update ........................................................................................................................ 150 12.7 Resettlement Completion Audit ................................................................................................. 150
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
APPENDIX A DETAILED APPROACH AND METHODOLOGY
APPENDIX B PRIMARY DATA COLLECTION TOOLS
APPENDIX C BRIEF OVERVIEW OF LAND ADMINISTRATIVE STRUCTURE IN MADHYA
PRADESH
APPENDIX D REVIEW OF KEY REGULATIONS
APPENDIX E GRAZING MANAGEMENT PLAN
APPENDIX F COMPARISON BETWEEN REPLACMENT COST AS PER IFC PS AND MP MARKET VALUATION RATES FOR TREES
APPENDIX G GOVERNMENT HOUSING SCHEMES
APPENDIX H TOR FOR RESETTLEMENT IMPLEMENTATION CONSULTANT
APPENDIX I TOR FOR IMPLEMENTATION PARTNERS (GENERIC)
APPENDIX J TOR FOR MONITORING AND EVALUATION
APPENDIX K SCREENING OF POTENTIAL IMPLEMENTATION PARTNERS
List of Tables
Table 0.1 Information across sites .................................................................................................... I Table 0.2 Overview of Impact Categories ........................................................................................ V Table 0.3 Profile of Households Surveyed .....................................................................................VII Table 0.4 Land and Natural Resource-based Impacts .................................................................... X Table 0.5 Proposed Entitlement Matrix for the 1500 MW Project ..................................................xiv Table 1.1 Information across sites ................................................................................................... 2 Table 2.1 Land Requirement Summary for the Project ................................................................. 13 Table 2.2 Power Evacuation up to PGCIL Substations ................................................................. 13 Table 2.3 Key Observations on the MP Consent Land Policy, 2014 ............................................. 18 Table 2.4 Overview of Impact Categories ...................................................................................... 22 Table 3.1 Summary of Applicable Regulations and Safeguards ................................................... 25 Table 3.2 Thematic Mapping of Applicable Regulations against International Standards ............ 32 Table 4.1 Size of land holdings ...................................................................................................... 47 Table 4.2 Village wise division of vulnerabilities PAHs .................................................................. 51 Table 5.1 Key Feedback Received as part of Government land Allotment process ..................... 54 Table 5.2 Key Feedback Received Across All Parks and its Incorporation into Project Planning . 57 Table 6.1 Land and Natural Resource-based Impacts .................................................................. 62 Table 6.2 Proposed Entitlement Matrix for the 1500 MW Project .................................................. 68 Table 7.1 Comparison of Ready Reckoner Rates for Land ........................................................... 76 Table 7.2 Suggested Rates using comparative method ................................................................ 78 Table 7.3 Comparison of Methods ................................................................................................. 78 Table 7.4 Per Unit Crop Base Compensation Values .................................................................... 79 Table 7.5 Indicative Construction Costs ........................................................................................ 81 Table 7.6 Immovable/Fixed Assets ................................................................................................ 82 Table 7.7 Allowances Adjusted to Current Index (March 2021) .................................................... 83 Table 8.1 Derivation of Area for each Household .......................................................................... 87 Table 8.2 Proposed Planning Provisions ....................................................................................... 89 Table 9.1 Potential Workforce in PAHs (Solar Park) ..................................................................... 97 Table 9.2 Potential Workforce in PAHs (Transmission Line) - Sample Survey Based ................. 98 Table 9.3 Livelihood Restoration Plan ......................................................................................... 102 Table 10.1 Gendered Assessment of Impacts ............................................................................... 114 Table 10.2 Gender Action Plan ...................................................................................................... 116 Table 11.1 Roles and Responsibilities ........................................................................................... 122
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
Table 11.2 Disclsoure of Impacts and proposed MItigation Measures .......................................... 130 Table 11.3 Summary of Consolidated Budget ............................................................................... 135 Table 11.4 Summary of Consolidated Budget for Transmission Line Component ........................ 136 Table 11.5 Suggested Schedule – 1500 MW RAP and LRP ......................................................... 138 Table 12.1 Monitoring and Evaluation Indicators (Internal and External Monitoring) .................... 146
List of Figures
Figure 0-1 Organization Structure for RAP and LRP Implementation......................................... XXIII Figure 1-1 Structure of the RAP and LRP Deliverables for 1500 MW .............................................. 1 Figure 1-2 1500 MW Project Location and Power Evacuation Map.................................................. 4 Figure 1-3 Process Flow for RAP and LRP Primary Data Collection ................................................ 8 Figure 4-1 Unit Level Socio-Economic Profile of Project Affected Households for Unit 1, 2 and 3:
Neemuch Solar Park ...................................................................................................... 40 Figure 4-2 Unit Level Socio-Economic Profile of Project Affected Households for Unit 4: Agar Solar
Park ................................................................................................................................ 41 Figure 4-3 Unit Level Socio-Economic Profile of Project Affected Households for Unit 5: Susner
Solar Park ...................................................................................................................... 42 Figure 4-5 Unit Level Socio-Economic Profile of Project Affected Households for Unit 6: Moman
Badodiya Solar Park ...................................................................................................... 43 Figure 4-6 Unit Level Socio-Economic Profile of Project Affected Households for Unit 7: Moman
Badodiya Solar Park ...................................................................................................... 44 Figure 4-7 Unit Level Socio-Economic Profile of Project Affected Households for Unit 8: South
Shajapur Solar Park ....................................................................................................... 45 Figure 4-8 Socio-Economic Profile of Project Affected Households : Transmission Line Unit 1-8 . 46 Figure 4-8 Households engaged in Agriculture by Village .............................................................. 48 Figure 4-9 Livestock Ownership Amongst Households Surveyed .................................................. 49 Figure 5-1 Responses on Willingness to Sell Land Under Mutual Consent Policy ......................... 61 Figure 7-1 Activities to develop the Market Valuation Framework .................................................. 75 Figure 9-1 Ranking based Livelihood Preference in Neemuch Solar Park ..................................... 94 Figure 9-2 Ranking based Livelihood Preference in Agar Solar Park ............................................. 94 Figure 9-3 Ranking based Livelihood Preference in Shajapur Solar Park ...................................... 95 Figure 9-4 Ranking based Livelihood Preference in Transmission Line Villages ........................... 95 Figure 10-1 Primary Occupation of project affected population by Gender .................................... 113 Figure 11-1 Organization Structure for RAP and LRP Implementation........................................... 122 Figure 11-2 Illustration of the GRM ................................................................................................. 134
Acronyms and Abbreviations
Name Description
AGOL ArcGIS Online
ASP Agar Solar Park
DC District Collector
DEM Draft Entitlement Matrix
DRO District Revenue Officer
EMC External Monitoring Consultant
ESF Environmental and Social Framework, 2018 (of the World Bank)
ESIA Environmental and Social Impact Assessment
ERM ERM India Private Limited
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
Name Description
ESMF Environmental and Social Management Framework (2017) applicable for RUMSL
FPIC Free, Prior and Informed Consent
GoMP Government of Madhya Pradesh
Ha Hectares
HoH Head of Household
IFC International Finance Corporation
IPDP Indigenous Peoples Development Plan
L&A Land and Asset
LRP Livelihood Restoration Plan
MPLRC Madhya Pradesh Land Revenue Code
MPNRED Madhya Pradesh New and Renewable Energy Department
MW Mega Watt
NSP Neemuch Solar Park
OP Operational Policies (of the World Bank)
PAE Project Affected Entity
PAH Project Affected Household
PAP Project Affected Persons
PGCIL Power Grid Corporation of India Limited
PMC Project Management Contract
PRC Principal Revenue Commissioner
'PS Performance Standards, 2012 (of the IFC)
PWD Public Works Department
RAP Resettlement Action Plan
RFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation
RIC Resettlement Implementation Consultant
RoW Right of Way
RUMSL Rewa Ultra Mega Solar Limited
SDO Sub Divisional Officer
SECOP Stakeholder Engagement and Communication Outreach Plan
SGURR SgurrEnergy India
SLR Superintendent of Land Records
SPD Solar Project Developers
SSP Shajapur Solar Park
WB World Bank
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
Select Glossary of Terms
Term Description
Abadi Abadi land includes an area reserved from time to time in a village for residence of
the inhabitants thereof or for the purpose ancillary thereto
Affected community All revenue villages from where unoccupied government land, private land and
patta land will be diverted for the three solar parks will be referred to as affected
communities. Any revenue village from where land has not been diverted but
which may lose access to natural resources within the three solar parks will also
be considered as an affected community
Allowance An allowance is an entitlement (distinct from in-kind or cash compensation for the
loss of immoveable assets) which is paid in cash in recognition of resettlement-
related and/or transition expenses
Assisted Relocation While the layout planning and land footprint optimization process has avoided
physical displacement, especially settlements and/or cluster of homestead areas;
certain households are assessed to be physically displaced in view of the
following:
■ Isolated and/or scattered residential structures within the project footprintwhich cannot be avoided in view of the layout being finalised;
■ Induced displacement for households that established primary residentialstructures (usually by informally occupying adjoining government landparcels).
The RAP&LRP has approached the rehabilitation of such households through
assisted relocation based on two strategies and/or scenarios as elaborated in
Section 8 of this document as opposed to planning a resettlement site or just
extending self-relocation. Assisted relocation is intended to implement process
and safeguards to enable relocation of physically displaced households based on
the use of compensation and other entitlements they will receive depending upon
the type of land and assets affected. This may either be on their own land (if
available and/or if purchased by the household) or by inclusion in government
housing schemes (based on RUMSL’s facilitation). In either case, certain
obligations and safeguards are proposed to ensure rehabilitation and that there is
an improvement in living standards.
Awaas Patta Awaas Patta while not an official terminology, has been used by Panchayats for
housing arrangements and in this document to discuss a form of impacted entities
within the project footprint. The owners of “Awaas Patta” impacted by the project
were given a government land area by the gram panchayat to construct their
house (based on grants provided through housing schemes) along with a
document/ letter from gram panchayat (GP) stating their permission to the
respective “Awaas patta” owner. These Awaas Pattas were usually outside of the
village settlement area and thus extended into government land areas, and are
part of khasras now allotted for the project
Bardi Land Bardi Land includes the uncultivable waste land which has large number of
stones, and cannot be used for agriculture, horticulture, and animal husbandry.
This form of land is found on the hills and is seen in specific context such as in
Agar
Bhumiswami In accordance with Section 158 of the Madhya Pradesh Land Revenue Code,
1954, a bhumiswami is defined as:
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
Term Description
(a) Every person in respect of land held by him in the Mahakoshal1 region in
the bhumiswami or bhumihari rights in accordance with the provisions of
the Madhya Pradesh Land Revenue Code, 1954;
(b) Every person in respect of land held by him in the Madhya Bharat region
as a Pakka tenant (Muafidar), Inamdar as defined in the Madhya Bharat
Land Revenue and Tenancy Act (2007);
(c) Every person in respect of land held by him in the Bhopal region as an
occupant defined in the Bhopal State Land Revenue Act (1932);
(d) Every person in respect of land held by him in the Vindhya region as a
pattedar tenant, a grove holder or holder of a tank as defined in the
Vindhya Pradesh Land Revenue and Tenancy Act (1953);
(e) Every person in respect of land held by him in the Vindhya region as a
Gair Haqdar tenant and in respect of which he is entitled to patta in
accordance with the provisions of section 57 of the Rewa State Land
Revenue and Tenancy Code, 1935;
(f) Every person in respect of land held by him as a tenant in the Vindhya
region and in respect of which he is entitled to a patta in accordance with
the provisions of section 151 (sub-sections 2 and 3) of the Vindhya
Pradesh Land Revenue and Tenancy Act (1953)
The above provisions were in existence prior to the LRC of 1959, and hence every
person, who has been using land on lease, either passed on from previous
generations (that was granted by princely state rulers), or leased out to him
through the above revenue codes will be defined as bhumiswami.
For the purposes of this project, the bhumiswami is considered as the titleholder
with formal rights over private land and/or patta land (see definition of patta and its
regulatory context in Appendix A)
Charnoi Common grazing land for livestock
Charagah Pasture land
Charokhar Grazing land
Chowkidar A Chowkidar is appointed by the land revenue department for each village, who is
responsible for supporting the Patwari and undertaking duties related to land
administration at the village level
Dependency Ratio Dependency ratio refers to the proportion of dependents with respect to the
working population. The formula used to calculate this ratio is individuals below 15
years of age + individuals above 60 years of age divided by the individuals
between 15-60 years of age.
Dependent Population Dependent Population refers to the members of the population who are below 15
years of age and those who are above 60 years of age and are assumed to be
economically inactive
1 "Mahakoshal region" means the territories comprised within the districts of Jabalpur, Sagar, Damoh, Mandla, Hoshangabad, Narsimhapur, Chhindwara, Seoni, Betul, Nimar, Raipur, Bilaspur, Durg, Bastar, Surguja, Raigarh and Balaghat of the State of Madhya Pradesh as existing immediately before the appointed day;. Source; The M.P. Adaptation of Laws (State and Concurrent Subjects) Order, 1956
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
CONTENTS
Term Description
Economic Displacement According to IFC PS 5: Land Acquisition and Involuntary Resettlement “Economic
Displacement refers to the loss of assets or access to assets that leads to loss of
income sources or means of livelihood”
Economically Unviable
Land
A threshold of 0.1 ha (or 1000 m2) has been considered as economically unviable
land. This is based on the land and asset surveys with respect to analysis of
households that either owned and/or cultivated such land parcels and thereafter
were not able to meet their subsistence needed. Refer to Vol II D, Section 6 for an
assessment of unviability of such land parcels
Entitlement All categories of compensation (household or affected community) provided to
project affected entities in lieu of the project’s requirement of land and/or natural
resources are considered as an entitlement
The Resettlement Policy Framework provided in the Environmental and Social
Management Framework (ESMF) has identified entitlements for any involuntary
resettlement impacts that will occur for solar parks under the Ministry of New and
Renewable Energy Development (MNRED) and thus apply to RUMSL
ESMF The Environmental and Social Management Framework (ESMF) – Solar PV Park
was approved by MNRE in February 2017 to aid in screening, assessment,
management of environmental and social impacts at an early stage in project
planning for solar projects that received funding from the World Bank Group
(WBG). The ESMF is based on a review of the World Bank’s OPs (2001) and IFC
Performance Standards (2012). It includes a Resettlement Policy Framework
which provides an overview of broad principles and entitlements that will be
applicable for involuntary resettlement.
Feminization of Aging The term feminization of aging has been coined to describe the increasing
numbers of women in the older population (Venkatesh, S. and Vanishree M.R
(2014)” Feminization Among Elderly Population in India; Role of Micro Financial
Institutions” Global Jounral of Finance and Management Vol 6 (9) pp 897-906.
URL: https://www.ripublication.com/gjfm-spl/gjfmv6n9_14.pdf accessed on 1st
November 2020
Gair Mumkin Gair Mumkin includes the uncultivable waste land which may have existing
structures, and cannot be used for agriculture, horticulture, and animal
husbandry(MP LRC);
Gauchar Grazing land for cattle
Indigenous Peoples The IFC PS 7: Indigenous Peoples, defines Indigenous People as a distinct social
and cultural group possessing the following characteristics in varying degrees:
■ Self-identification as members of a distinct indigenous cultural group andrecognition of this identity by others;
■ Collective attachment to geographically distinct habitats or ancestralterritories in the Project area and to the natural resources in these habitatsand territories;
■ Customary cultural, economic, social, or political institutions that are separatefrom those of the mainstream society or culture; or
A distinct language or dialect, often different from the official language or
languages of the country or region in which they reside.
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Term Description
Induced Physical
Displacement
Induced Physical Displacement refers to a scenario where the project footprint
directly impacts all of the land and assets (and not homestead areas or residential
structures) of project affected entities which will result into them having to relocate
due to their livelihood source being impacted. For this project, households has
established primary residential structures next to their allocated patta land and/or
in close proximity of the government land that they informally used; both of which
are being impacted for the footprint.
Informal Users The category of informal land users covers both encroachers as well as squatters.
Their entitlements with respect to the area of land on which they have ‘informally
occupied’ will be identical. In addition, encroachers will be eligible for entitlements
associated with their own land (if this is within the footprint) for which they have
formal rights
Informed Consultation
and Participation
Informed consultation and participation refers to the process of consultation, which
will result in the Affected Communities’ informed participation. ICP involves a
more in-depth exchange of views and information, and an organized and iterative
consultation, leading to the client’s (the Project’s) incorporating into their decision-
making process the views of the Affected Communities, on matters, that affect
them directly, such as proposed mitigation measures, the sharing of development
benefits and opportunities and implementation issues.
Involuntary Resettlement Resettlement is considered involuntary when affected persons or communities do
not have the right to refuse land acquisition or restrictions on land use that result
in physical (relocation or loss of shelter) or economic displacement (loss of assets
or access to assets that leads to loss of income sources or other means of
livelihood). This occurs in cases of (i) lawful expropriation or temporary or
permanent restrictions on land use and (ii) negotiated settlements in which the
buyer can resort to expropriation or impose legal restrictions on land use if
negotiations with the seller fail.
Free Prior Informed
Consent
FPIC builds on and expands the process of ICP as discussed below, and is
established through good faith negotiations between the client (the Project) and
the affected communities of Indigenous Peoples. As part of this process, the client
will document (i) the mutually accepted process between the client and Affected
Communities of Indigenous Peoples, and (ii) evidence of agreement between the
parties as the outcome of the negotiations. FPIC does not necessarily require
unanimity and may be achieved even when individuals or groups within the
community explicitly disagree.
Full Replacement Cost Replacement Cost according to IFC PS 5, 2012 (Footnote 4) is calculated as the
market value of the asset plus transaction costs: for example, taxes, capital gains
tax, stamp duties, legal and notarization fees, registration fees, travel costs, and
any other such costs as incurred because of the transaction or transfer of
property. In applying this method of valuation, depreciation of structures and
assets cannot be taken into account. Market value is defined as the value required
to allow Affected Communities and persons to replace lost assets with assets of
similar value.
In the context of Madhya Pradesh, the MP Land Revenue Code (1959), defines
market value as the value of land assessed according to guidelines issued by the
Collector under the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka
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Term Description
Banaya Jana Tatha. Unka Punrikshan Niyam, 2000 made under the Indian Stamp
Act, 1899 (see Appendix A for a review of the Act
Household Size Household size is the number of persons who reside in a structure and for whom
the economically active individuals of the household are financially responsible for
Kaabil kast Kaabil Kast land is the land classified as ready to be cultivated, and is the priority
land allocated for patta land to landless persons for agriculture. If Kaabil Kast land
is not available, then patta land is alloted from Charnoi or Charagah land
Land-based livelihoods Livelihoods dependent of land for example access to grazing land, fallow land,
forest, fuel and water resource, farmland earnings etc
Literate As per Census, a person aged seven and above who can both read and write with
understanding in any language, is treated as literate
Livelihood The term “livelihood” refers to the full range of means that individuals, households,
and affected communities utilize to make a living, such as wage-based income,
agriculture, fishing, foraging, other natural resource-based livelihoods, petty trade,
and bartering
Livelihood Restoration Livelihood restoration refers to the re-establishing of income sources and
livelihoods of people
Muram Pathar land Muram Pathar land is land used for collection of gravel and small stones as is
observed in Neemuch
Negotiated Settlement PS 5 defines negotiated settlement as a situation where buyer can resort to
expropriation or impose legal restrictions on land use if negotiations with the seller
fail.
Nistar Nistar refers to common property resources (CPR) that can be accessed not by a
single person but as a community for livelihoods. The MP Land Revenue Code
(1959) defines nistar rights on unoccupied land to include timber or fuel reserve;
for pasture, grass bir or fodder reserve; for burial or cremation ground and for
public purposes such as schools, play grounds etc.
In accordance to Section 237 of the Code, the Collector can divert unoccupied
land of a village (i.e. unoccupied land under government ownership) only after a
minimum of two percent of the total agricultural land of that village has been set
aside for the grazing land.
Nistar Patrak The Nistar Patrak is a record of unoccupied land set apart for the exercise of
nistar rights under Section 234 of the Code. The Sub divisional Officer (SDO) is
expected to consistently prepare a Nistar Patrak embodying a scheme of
management of all unoccupied land in a village. There is a process of stakeholder
engagement and grievance redressal under sub-section (2) of Section 234. The
villagers can raise objections and once all such concerns are taken into account, a
final Nistar Patrak will be prepared. No individual has the right to use land
included in Nistar Patrak for use any other than that listed out in the rules. The
Nistar Patrak is updated when changes are made in the land under Nistar rights
Pahad Hilly land
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Term Description
Patta Patta is a document that serves as a Record of Rights over a piece of land
confirming private ownership accorded by the government. In the context of
Madhya Pradesh, Patta, and thereby Patta land borrows from the term of Bhumi
swami rights. Bhumiswami, is defined as tenure-holders of land that belongs to
the state and a person holding bhoomiswami rights are the rights as provided in
the M.P Land Revenue Code (1959) for the land leased to that person by the
state, and held by him, for agricultural purposes. Patta land therefore is land on
lease and/or as provided to landless households for agriculture.
As specified in Appendix A, there is precedence of the government providing patta
land for the use of agriculture (1 hectare of irrigated land or 2 hectares of
unirrigated land) to landless agricultural labourers under the provision of the MP
Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par
Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam
(Patta), 1984.
Patwari Village level official who maintains land records. A Patwari may be responsible for
more than one village.
Population Density the number of people living per unit of an area (e.g. per sq. km.); the number of
people relative to the space occupied by them
Poverty Line A level of personal or family income below which one is classified as poor
according to governmental standards. Or
The amount of money needed for a person to meet his basic needs. It is defined
as the money value of the goods and services needed to provide basic welfare to
an individual.
According to the Planning Commission estimates set in 2011-12, this amount is
less than INR 100 per day. For the purpose of this assessment, this estimate has
been used (inflated to 2020)
Project Affected
Household
A household, whose members (titleholders or informal right holders) are affected
by the requirement of land and/or natural resources (including access) by the
Project and were thus subject to involuntary resettlement
Project Affected Entity The term used to cover project affected households, collective entities (such as
community-level groups that depend on access to land and natural resources),
affected communities and any business enterprises that may be affected by the
project
Rehabilitation Rehabilitation is understood as the re-establishing of incomes, livelihoods, living
and social systems of a community.
Right of Way The legal right, established by usage or grant, to pass along a specific route
through grounds or property belonging to another
Stakeholder Engagement
and Community
Outreach Plan (SECOP)
The SECOP refers to the Stakeholder Engagement Plan (SEP) that the RIC will
prepare for the duration of the RAP-LRP implementation. This SECOP will be
based on and build upon the SEP prepared for the project as part of the ESIA-
ESMP as well as the additional guidance provided in Section 11.3 of this volume
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Term Description
Security of Tenure Security of tenure means that resettled individuals or communities are resettled to
a site that they can legally occupy and where they are protected from the risk of
eviction
Sex Ratio The ratio of females to males in a population. It is calculated based on the
following:
X 1000
Tarmeem Borrows from the erstwhile legal language during the rule of the princely states,
and refers to amendment, revision, modification to land parcels. In accordance to
Section 69 of the Code, when any portion of land is specially assigned and/or
diverted, the Settlement Officer may make such portion into a separate survey
number or sub-division of a survey number (it is understood that the separate
demarcation of land under Section 69 is colloquially referred to as the tarmeem
process)
Voluntary Transactions Market transactions in which the seller is not obliged to sell and the buyer cannot
resort to expropriation or other compulsory procedures sanctioned by the legal
system of the host country if negotiations fail. For a transaction to be considered
voluntary, the Guidance Note of IFC PS 5 (2012) requires the following:
■ The client must not have the option of compulsory acquisition;
■ Land markets or other opportunities for the productive investment of the salesincome exist;
■ The transaction took place with the seller’s informed consent; and
■ The seller was provided with fair compensation based on prevailing marketvalues.
Vulnerable Social
Groups
Vulnerable or at-risk groups include people, who by virtue of gender, ethnicity,
caste, age, physical or mental disability, economic disadvantage or social status
may be more adversely affected by displacement than others and who may be
limited in their ability to claim or take advantage of resettlement assistance and
related development benefits.
In accordance to the ESMF (2017), the vulnerable people or vulnerable or at-risk
groups are those:
■ Falling under Below Poverty line category as defined by the stategovernment;
■ Member of Scheduled caste/tribe community/other backward community;
■ Women Headed households;
■ Senior citizen-person above the age of 60 years;
■ Landless; and
■ Village artisan.
Based on the outcomes of the socio-economic survey undertaken as part of resettlement planning, additional vulnerability categories have also been defined such as youth PAPs who are illiterate
Unoccupied land In accordance to the MP Land Revenue Code, 1959; "unoccupied land" means
the land in a village other than the abadi or service land, or the land held by a
bhumi swami, a tenant or a Government lessee.
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Term Description
Wajib-ul-arz Wajib-ul-arz is a record of customary land rights on non-vacant land or occupied
or land currently in use - rights such as easements and wayleaves, rights of water
use for irrigation, fishing etc.
Unit Conversion Table
Unit Description
1 ha ■ 10,000 m2
■ 2.5 acres
1 Ton 1000 kilograms / 10 quintals
1 quintal 100 kilograms
1 sq m ■ 10.76 sq ft
■ 0.0001 ha
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EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
Overview
Rewa Ultra Mega Solar Limited (RUMSL) has been authorized by the Ministry of New and Renewable Energy Development (MNRED) to develop three solar parks (including internal power evacuation infrastructure and associated transmission lines) with an aggregate capacity of 1500 MW (hereafter referred to as the Project or the 1500 MW Project). These parks are to be developed across the districts of Neemuch, Agar-Malwa and Shajapur in Madhya Pradesh, India. The World Bank (WB) intends to finance the Project and/or its associated facilities. The International Finance Corporation (IFC) is providing transaction advisory to RUMSL to implement a competitive bidding and tender process to support the development of the three solar parks. The following tables provide a project overview.
Table 0.1 Information across sites
Aspect Neemuch Solar Park
(NSP)
Agar Solar Park (ASP) Shajapur Solar Park (SSP)
Capacity and
Configuration
3 Units (Units 1, 2, 3)
adding up to 500 MW
2 Units (Units 4 and 5)
adding up to 550 MW
across Susner (Unit 4) and
Agar (Unit 5)
3 Units adding up to 450
MW across Moman
Badodiya (Units 6 and 7)
and South Shajapur (Unit 8)
Total Land Area
as of 24 June
2020 for Neemuch
and January 2021
for Agar and
Shajapur
Unit 1: 351.5 (Ha);
Unit 2: 347.13 ha;
Unit 3: 367.1 ha
Total: 1065.73 ha
Unit 4: 608.09 ha
Unit 5: 798.99 ha
Total: 1398.08 ha
Unit 6-:244.81 ha
Unit 7: 477.78 ha
Unit 8: 258.57 ha
Total: 987.16 ha
Government Land
(ha) allotted as of
23 April 2020
678.19 (63%) 1271.37@ (More than the
government land in final
footprint)
1176.97@ (More than the
final footprint)
Proposed Power
Evacuation
■ TL Segments 1, 2 and3;
■ Internal transmissionlines will evacuate thepower generated foreach of the three unitsup to the ISTSsubstation to be set upby PGCIL in Badivillage;
■ The combined lengthof the threetransmission linesegments is 7.4 km
■ TL Segments 4, 5 and6;
■ Transmission linesfrom Susner (Unit 4)and Agar (Unit 5) willevacuate the powergenerated throughthree (3) segments upto the ISTS substationat Pachora Village inAgar;
■ The combined lengthof the threetransmission linessegments is 37.2 km
■ TL Segments 7 and 8;
■ Transmission lines fromthe two units of MomanBadodiya (Units 6 and7) and from the unit atSouth Shajapur (Unit 8)will evacuate the powergenerated up to theISTS substation atPachora Village inAgar;
■ The combined length ofthe two transmissionline segments is 81.94km
Proposed
Timelines (as of
March 2021)
■ Tender and bid process (Ongoing and proposed up to June 2021), status differentacross sites and based on current status of pre-bid meetings, bid-submission datesand reverse auction dates;
■ Initial activities associated with land procurement have commenced (except fortransmission lines);
■ Land access and commencement of construction by December 2021;
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EXECUTIVE SUMMARY
Aspect Neemuch Solar Park
(NSP)
Agar Solar Park (ASP) Shajapur Solar Park (SSP)
■ Indicative construction timelines of 21 months for all solar park sites with likelycommissioning from October 2023 onwards;
■ The tentative timelines for the construction phase of all the TLs will be eighteenmonths (likely to be initiated from December 2021).
@ It is understood that RUMSL will initiate a process of hand over of balance government land to revenue department no
longer required for the project
In order to align the Project to the requirements of the WB and IFC; including the MNRE EMSF 2017 for Solar Parks, RUMSL appointed ERM India Private Limited (ERM) to undertake an Environmental and Social Impact Assessment (ESIA) of each of the three solar parks and their associated facilities. The scope of the ESIA additionally included two technical studies; i.e.
Resettlement Action Plan and Livelihood Restoration Plan (RAP&LRP) for each of the three solarparks and their associated evacuation infrastructure; and
Development of the approach and strategy to undertake Free, Prior and Informed Consent(FPIC), which includes an Indigenous Peoples Development Plan (IPDP).
This document (Volume I) provides the consolidated outcome of the resettlement planning process across the 1500 MW Project through a Resettlement Action Plan (RAP) and Livelihood Restoration Plan (LRP) for further implementation by RUMSL. The RAP&LRP have been developed in accordance with the applicable reference framework. The document is accompanied by Volume II (A to D) which provides park and transmission line specific information on the land footprint, socio-economic profile of the affected communities and project affected households and an inventory of involuntary resettlement impacts.
As of March 2021, Volume I and Volumes IIA, IIB, IIC and IID revisit the preliminary impacts identified as part of the Environmental and Social Impact Assessment (ESIA) reports presented to the bidders and include an updated understanding of the project’s land and natural resource requirements and consequently involuntary resettlement impacts.
Scope of Work and Approach/Methodology
Based on the assessment of the project footprint and the assessment of environmental and social impacts as documented across the ESIA reports, the following involuntary impacts are likely to result from the land take for the project:
Involuntary physical displacement of households whose primary residence is within the proposedproject footprint. These residences could not be avoided as they were isolated and/or scatteredoutside settlements and/or abadi (habitation) areas of affected villages;
Involuntary economic displacement of those private and patta land holders who do not providetheir consent for land procurement under the MP Consent Based Land Purchase Policy 2014;
Involuntary economic displacement of any informal rights holder or user and/or agriculturallabourer dependent upon the project footprint for their livelihood;
Involuntary restrictions of land use imposed due to the Project’s requirement of easement for thetower footprint and the right of way of the transmission line alignment;
Involuntary community level impacts in terms of loss of grazing land, water bodies used for waterfor livestock and other common property resources; and
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Involuntary physical displacement of the households who may be forced to relocate from theirpresent residence due to their entire agricultural land being impacted by the project or to avoidbeing surrounded by the project from all sides (induced displacement).
The RAP& LRP has been developed as a mitigation measure accompanying the ESIA with proposed compensation, rehabilitation and livelihood restoration measures as entitlements. The objective of the RAP&LRP is to document the resettlement planning approach for the project in accordance to the applicable reference framework for the project. The RAP&LRP serves as a management plan with the objective of documenting all the avoidance and/or minimization of any adverse involuntary resettlement and livelihood impacts and to put in place principles; entitlements and compensations as mitigation measures for impacts that cannot be avoided.
For this purpose, an iterative and participatory approach was adopted for the preparation of the RAP &LRP. The key steps followed in the development of the RAP&LRP are as follows.
Reconnaissance visits in November-December 2019 used to scope the resettlement impacts anddevelop an understanding of the then project footprint so as to plan for the primary data collectionfor the RAP&LRPs;
Geospatial assessment of project footprint and inputs for optimization in order to minimize theimpacts;
Land use analysis to further optimize the project boundary and incorporate E&S avoidancemeasures;
Development of draft Entitlement Matrix, which allowed for a discussion on impacts and impactedentities identified and approach towards resettlement surveys
Primary data collection or resettlement surveys;
Data QA/QC and report compilation;
Structuring the outcomes into five (5) volumes:
- The Volume I (this document) provides an overall context to the RAP&LRP for the Project, anunderstanding of the project and the land requirement across the three solar parks andassociated transmission lines, the land procurement process to be followed, the applicablereference framework guiding the RAP, a brief socio-economic baseline and impact discussionfor the overall project and the Entitlement Matrix for the project as a whole. Lastly, thisdocument provides a summary of the cost and schedule for the implementation of the RAPand the implementation mechanism. This document is accompanied by certain appendiceswhich support the discussion throughout the document;
- The individual Park-level volumes (Volumes II (A-C)) provide the specific details for each ofthe solar parks, specifically pertaining to the land procurement status, socio-economic profileof the PAHs in the solar park and the detailed impact discussion for the individual park, whileVolume 2D applied for all Transmission Lines for the project. The volumes also provide anydetails necessary in terms of park level stakeholder feedback or any specific incorporationsinto the Implementation Mechanism. Lastly, the volumes provide the disaggregated budgetand schedule for the implementation of each individual Park level RAP&LRP entitlements;
Volume IIA: project specific information for Neemuch Solar Park (Unit 1-3);
Volume IIB: project specific information for Agar Solar Park (Unit 4: Agar and Unit 5:Susner)
Volume IIC: project specific information for Shajapur Solar Park (Unit 6&7: MomanBadodiya and Unit 8: South Shajapur); and
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EXECUTIVE SUMMARY
Volume 2 (D): Power evacuation and transmission components of all three SolarParks).2
Applicable Reference Framework
The RAP&LRP is informed based on a review of the following applicable reference framework:
1. Key regulations and policies that govern private land procurement and government land allotmentfor the 1500 MW project:
a. Madhya Pradesh Land Revenue Code, 1959 (as amended in 2018);
b. MP Mutual Consent based Land Purchase Policy, 2014;
c. Madhya Pradesh Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Rules, 2015
2. Key regulations and policies that govern right of way procurement for the transmission lines:
a. Section 10 and 16 of the Indian Telegraph Act, 1885;
b. Sections 67 and 68 of the Electricity Act, 2003; and
c. Guidelines on Payment of Compensation for the Right of Way (RoW) for transmission lines,Ministry of Power, October 20153 and the government order (GO) issued by the Governmentof Madhya Pradesh (GoMP) on 1st April 2019 notifying all district collectors;
3. Other associated regulations and policies:
a. Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi ParBhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam (Patta),1984;
b. Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha UnkaPunrikshan Niyam, 2000; and
c. Madhya Pradesh Solar Policy, 2012;
4. Indicative resettlement policy framework (RPF) proposed as a part of the Environmental andSocial Management Framework (ESMF, 2017) applicable to solar parks such as those developedby RUMSL which fall under the purview of the MNRE and funding from the World Bank and whichincludes provisions of the Right to Fair Compensation and Transparency in Land Acquisition,Resettlement and Rehabilitation Act, 2013; and
5. Relevant International Standards:
a. World Bank Group’s Operational Policy 4.12 on Involuntary Resettlement and 4.10 onIndigenous Peoples, dated December 2001 and revised in 2013;
b. IFC Performance Standards (2012).
As part of the RAP &LRP preparation the provisions of these regulations and standards were reviewed in terms of:
The specific applicability and relevance to the project
The project commitments required from RUMSL
Gaps between the applicable regulations and requirements against the international standards,along with measures taken by the project to close the same
2 To be completed in December 2020 3 https://powermin.nic.in/sites/default/files/uploads/Guidelines_for_payment_of_compensation_towards_damages_in_regard.pdf
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EXECUTIVE SUMMARY
Summary of Project Affected Impact Categories
The project footprint across the three solar parks is spread across 25 villages. The land procurement of government, private and patta land parcels is assessed to result in an impact on the following assets:
Residential structures on private and government land
Other immovable structures which include storage shed, agricultural shed, greenhouse, cattleshed, water stall for animals, wells, etc. this also includes salvageable fixed assets toilet, wirefencing with stone/wooden poles, and pipeline.
Agriculture land and Standing crop on the land parcels impacted, including the government landthat is encroached/squatted upon
Timber (including fodder) and Fruit trees
Commercial assets such as small shops
Stone quarries and crushers
Common property resources such as grazing land and water bodies
Cultural resources such as small temples, trees of religious significance and other constructedstructures,
As part of the RAP&LRP surveys, these impacts were assessed, and the project affected households (PAHs) were identified. The following tables provide a summary of the PAHS identified and surveyed (through land and asset and HH surveys) in the respective solar parks and along the transmission line segment.
Table 0.2 Overview of Impact Categories
Aspects Neemuch Agar Shajapur Transmission Line
Project Affected Villages
3 villages 11 villages 11 villages 89 villages
Total Number of PAH 225 263 364 1948
Total PAH titleholders 143 186 83 1883
Total Informal Users 82 77 281 65
Sub Total Physically and Economically Displaced PAH
23 01 18 0
Sub Total Economically Displaced PAH
202 262 346 1948
Number of Surveyed PAH Households
127 96 307 690 (based on 35 percent sample)
Number of households that refused survey or are absentee households
98 167 57 NA
Source: Land & Asset and HH Surveys, 2020
For the solar park, the impacts have been categorized on the basis of their land ownership and land usage as follows:
Private land owner: Private land owners are one who have their ownership backed by land- titledocuments and have legal claims over the given land parcel.
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Patta land-owner: Patta land owner is an entity who himself/ or his ancestors, were grantedgovernment land after being identified them as a landless household, under special provisions ofthe State government (understood to be in the 1970s-80s and thereafter in the late 1990s-2000sbased on state government orders). The patta land-owner has legal claim over the allotted landbut with some restrictions, imposed by State government. A key restriction is that it cannot besold without District Collector’s permission. It is understood through site consultations thathouseholds from landless and backward communities (SCs and STs) were granted Patta Land.
Informal patta buyer: The informal buyers of patta land from legal patta owners. The informalpatta buyers do not have any legal right or claim over the purchased patta land and thetransaction is carried out without any legal documentation and documented change in theownership/ land records, however, there may be dependence in view of use of the land;
Informal use of government land as follows:
- Encroachers on government land by titleholders that have encroached upon available landadjoining their land parcels;
- Squatter on government land: Squatters are the informal users4, who have occupied areasof government land for their use, i.e. for agriculture, structures, commercial purposes etc. andthey do not have any legal claim over the occupied government land
Household on “Awaas Patta” allocated by Gram Panchayat: The owners of “Awaas Patta”are given a government land by panchayat to construct their house along with a document/ letterfrom GP stating their permission to the respective “Awaas patta” owner.
For the transmission line, impacts have been categorised as follows:
Private and patta land owners with land parcels of over 0.1 ha (or 1000 m2) who will be impactedby land use restrictions;
Private and patta land owners with land parcels less than 0.1 ha (or 1000 m2) who may berelatively adversely impacted or differentially impacted as compared to the above categories;
Land users who may be economically displaced due to their cultivation of land under towerfootprint (private/patta and government land).
Profile of Project Affected Communities
Based on the resettlement surveys undertaken across parks and along the transmission line alignments; the following table provides an overview or profile of project affected households (PAH). Details are elaborated in each individual RAP and LRP volume:
4 Person or group of persons recognized by custom, unwritten rules, or other socially accepted processes as holding certain ownership or rights over an asset or resource, although these usufruct rights are neither formalized in a legal document nor officially registered
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Table 0.3 Profile of Households Surveyed
Parameter Key Observations/ Findings –
Neemuch Solar Park
Key Observations/ Findings – Agar Solar
Park
Key Observations /Findings –
Shajapur Solar Park
Key Observations/ Findings – TL
Demographics There are 225 households to be
impacted by the project. The sex
ratio within the population is 802
in Unit 1, 895 in Unit 2, and 853
in Unit 3. Majority of the
community is Hindu (97%) with
the remaining being Muslim
households.
The average literacy rate for the
Solar Park is 58.1 %, with
highest literacy rate in Unit 3 of
48.2 %.
There are 263 households to be impacted by
the project. The sex ratio within the
population is1033 in Unit 4 and 896 females
to 1000 males in Unit 5. Most of the
community (more than 90%) is Hindu in both
the Units. 5% of the PAHs in Unit 4 are
reported as Muslims.
The average literacy rate in Unit 4 is 52.4%,
while in Unit 5 it is 59.1%
There are 364 households to be
impacted by the project. The sex
ratio within the population is 912
in Unit 6, 865 in Unit 7 and 898 in
Unit 8. Most of the community
(more than 90%) is Hindu, with
10% of the population in Unit 6
being reported as Muslims and
5% in Unit 7 being reported as
Buddhist
The average literacy rate in Unit 6
is 71%, 57% in Unit 7 and 63.2%
in Unit 8
There are 1948 households to
be impacted by the TL. The sex
ratio within the population is
898, with highest sex ratio being
reported in Unit 1 TL at 979.
Nearly 97 per cent of the
surveyed PAHs are Hindu while,
the remaining 3 per cent are
Muslim households. The overall
literacy rate is 62 percent, with
the male literacy rate being
73.76 percent, while the female
literacy rate is 50.38 percent.
Livelihood Agriculture is the main
occupation, including agricultural
labour work. Non-farm
occupation is limited to wage
labour, or operating small
businesses
Farm-based activities are the main earning source of the families. Agriculture,
followed by livestock and labour are the main economic activities. Non-farm based
livelihood are limited to daily wage labour, rent collection, petty businesses, etc.
Farm-based activities are the
main earning source of the
families. Agriculture, followed by
livestock and labour are the
main economic activities. Non-
farm based livelihood are limited
to daily wage labour, rent
collection, petty businesses, etc.
Land Ownership
and Use
Average land holding size in Unit
1 is 2 ha, in Unit 2 is 0.99 ha,
and in Unit 3 is 1.3 ha.
Most of the agricultural land is
under mult-cropping system
(typically double-triple crop), with
Average land holding size in Unit 4 is 1.4 ha
and in Unit 5 is 2.1 ha.
Most of the agricultural land is under a multi-
cropping system (typically double-triple
Average land holding size in Unit
6 is 1.3 ha, in Unit 7 is 0.74 ha
and in Unit 8 is 1.8 ha.
Most of the agricultural land is
under a multi-cropping
Majority of the PAHs (40 per
cent approx.) are categorised as
small farmers, owning 1-2
hectare of land, while the PAHs
with large land holdings (more
than 10 hectares) comprise only
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Parameter Key Observations/ Findings –
Neemuch Solar Park
Key Observations/ Findings – Agar Solar
Park
Key Observations /Findings –
Shajapur Solar Park
Key Observations/ Findings – TL
the key crops cultivated being
mustard, groundnut, wheat,
chana, maize.
crop),, with the key crops being soyabean,
wheat, groundnut, maize, channa and onion
system(typically double-triple
crop),, with the key crops being
soyabean, wheat, gram, mustard,
onion
about 1 percent of the total
surveyed PAHs.
Income and
Expenditure
The major source of income for
the households are agriculture
(including agricultural labour
work), wage labour, business
activities. The avg. annual
income is 2,09,900 INR per year
across the Solar Park.
In terms of expenditure, the
average annual expenditure
reported is 4,26,200 INR in Unit
1, 6,94,300 INR in Unit 2 and
2,93,150 INR in Unit 3. One
probably cause of this trend is
the respondent’s estimates are
based on recall, where there is
likely to be a tendency to over-
estimate the expenses incurred
in comparison to the income.
Additionally, there can also be
debt that is taken to account for
expenses.
The major source of income for the
households are agriculture, livestock, wages
and businesses. The avg. annual income
levels is 1,48,258 INR per year in Unit 4 and
INR 2,38,426 in Unit 5.
In terms of expenditure, the average annual
expenditure reported is 3,05,862 INR in Unit
4 and 4,85,705 in Unit 5. one potential cause
of this trend is the respondent’s estimates
based on recall, where there is likely to be a
tendency to over- estimate the expenses
incurred in comparison to the income.
The major source of income for
the households are agriculture,
livestock, wages and businesses.
The avg. annual income levels is
1,97,195 INR per year in Unit 6,
INR 1,43,362 in Unit 7 and INR
2,51,038 in Unit 8.
In terms of expenditure, the
average annual expenditure
reported is 4,64, 457 INR in Unit
6, INR 2,58,794 in Unit 7 and INR
4,75, 592 in Unit 8. one potential
cause of this trend is the
respondent’s estimates based on
recall, where there is likely to be a
tendency to over- estimate the
expenses incurred in comparison
to the income.
Majority of the PAHs (40 per
cent approx.) are categorised as
small farmers, owning 1-2
hectare of land, while the PAHs
with large land holdings (more
than 10 hectares) comprise only
about 1 percent of the total
surveyed PAHs.
In terms of expenditure, the
major head were reported to be
for the Loan repayment with an
average expenditure of INR
171,943/household.
Dependence on
Natural
Resources
Community dependence on natural resources is mainly for grazing and fodder, water for livestock and firewood and
dung collection
Community dependence on
natural resources is mainly for
water (domestic and livestock),
grazing and fodder, firewood
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Parameter Key Observations/ Findings –
Neemuch Solar Park
Key Observations/ Findings – Agar Solar
Park
Key Observations /Findings –
Shajapur Solar Park
Key Observations/ Findings – TL
and dung collection and
collection of leaf, timber, bark
and root
Physical and
Social
Infrastructure
The access to primary
healthcare is negligible and
residents have to travel to the
nearest town, at 10 – 15 kms
distance for a PHC, or private
clinic.
The average distance for school
is within 5 kms till primary level
(5th) of schooling. For higher
studies students have to travel
20 kms. Almost all the
households (94%) have access
to government grid supply for
electricity, and 42% of the
households have access to
functional toilet.
The access to primary healthcare is limited
within the project footprint, and resident
typically have to travel 3-5 km for a hospital.
There are no doctors or clinics within the
villages. The average distance for schools is
2 km. on an average, 20% of the households
have a functional toilet at and almost all
households are connected to the
government grid supply for electricity
The access to primary healthcare
is limited within the project
footprint, and resident typically
have to travel 5-10 km for a
hospital. There are no doctors or
clinics within the villages. The
average distance for schools upto
class 12 is 4-6 km. on an average,
63.66% of the households have a
functional toilet at and almost all
households are connected to the
government grid supply for
electricity
Similar profile to Solar Parks
Source: RAP &LRP surveys 2020
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Screening of Involuntary Resettlement and Livelihood Impacts
The following table summarises involuntary land and natural-resource based impacts across the 1500 MW Project and its associated infrastructure:
Table 0.4 Land and Natural Resource-based Impacts
Nature of Impact Relevance Across Sites
Neemuch Agar Shajapur
Purchase of private land by
the government and
potential landlessness
Applicable
21.44 ha to be
purchased from 99 land
owners.
Applicable
134.2 ha to be
purchased from 114
land owners.
Applicable
99.5 ha to be purchased
from 85 land owners.
Purchase of patta land by
the government where the
titleholder has taken
possession and potential
landlessness
Applicable
81.72 ha to be
purchased from 105
patta holders.
Not applicable Applicable
5.2 ha to be purchased
from 7 patta holders.
Loss of land for those that
have informally purchased
patta land without due
process and are not
titleholders
Not Applicable Not applicable Applicable
Physical Displacement
(titleholders and non-
titleholders)
Applicable
23 households to be
physically and
economically displaced
Applicable
5 households to be
physically displaced
across Unit 4 and 5
Applicable
15 PAHs to be physically
and economically
displaced and 4 PAHs to
be physically displaced
across Unit 6-8
Economic displacement of
land users on government
land and loss of assets
thereon (crops, trees, non-
residential structures)
Applicable
82 households to be
economically displaced
across Unit 1,2 and 3.
This includes 20
households who will
also be physically
displaced.
Applicable
257 households to be
economically displaced
across Unit 4 and 5
Applicable
330 PAHs to be
economically displaced
across Unit 6-8
Economic displacement of
agricultural labourers on
private and/or occupied
government land
Not Applicable Not Applicable Not Applicable
Loss of common property
resources on government
land
■ Applicable
■ Open grazing of cattle and other livestock in the government land (seeSection 2);
■ Loss or severance of access to vegetation within the land which may beused for fuelwood, collection of fodder and other community uses;
■ Loss of trees with religious and/or spiritual significance;
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Nature of Impact Relevance Across Sites
Neemuch Agar Shajapur
■ Loss of common land for recreational activities;
■ Parts of the common land are being used to house stray/abandoned cattle(awara gai, unproductive milch cows) – rounded up from other villages andleft to graze in the open here
Impact on land under
traditional ownership
and/or customary rights of
social groups who may be
considered as indigenous
peoples
■ Applicable
■ Impact on land under traditional ownership and/or customary use;
■ This impact is likely to be limited to three villages (i.e. Badi in Neemuch,Ladwan in Agar and Parsula in Shajapur);
■ An Indigenous Peoples Development Plan (IPDP) has been separatelyprepared to assess these impacts and develop mitigation measures;
Impact on vulnerable
households8
296 vulnerable
households – Unit 1, 2
and 3
156 vulnerable
households - Unit 4 and
5,
245 vulnerable
households Unit 6,7, and
8,
Transmission Line Segments up to the two ISTS substations at Neemuch and Agar
Impact on private land
under towers
■ Easement rights for the tower footprint will entail loss of any assets on landunder the tower footprint and change in its current land use which mayhave been used for cultivation;
■ Land owners will retain title to their private and/or patta land.
Restrictions on private land
due to RoW easement and
clearance
■ Easement rights will be procured on private land parcels under thetransmission line RoW;
■ Fixed assets (e.g. trees above a certain height) within the RoW will beimpacted;
■ Additional restrictions will be imposed for private land within the RoW asper the requirements of the Electricity Act, 2003 and the Indian TelegraphAct, 1885;
Construction phase
Damages
■ Damages to standing crops and/or trees during tower and transmission lineconstruction including erection of towers and stringing of transmission lines,other construction phase temporary land requirements for laydown areas,storage, labour camps, aggregate sourcing, etc.
Specific Impacted
Categories based on
household surveys
■ Private and patta land owners with land parcels of over 0.1 ha (or 1000 m2)who will be impacted by land use restrictions;
■ Private and patta land owners with land parcels less than 0.1 ha (or 1000m2) who may be relatively adversely impacted or differentially impacted ascompared to the above categories;
■ Land users who may be economically displaced due to their cultivation ofland under tower footprint (private/patta and government land).
8 The criteria for vulnerable households will be context and impact specific for each of the three projects, however, the intent or principle is to identify potential households (and not individual household members) that may face differential impacts or who may be more adversely affected by displacement than others or who may be limited in their ability to claim or take advantage of resettlement assistance.
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EXECUTIVE SUMMARY
Proposed Resettlement and Livelihood Restoration Policy and Entitlement Matrix
Principles for RAP &LRP
The RAP & LRP for the 1500 MW project and associated infrastructure will be interpreted and implemented in conformance to the following principles:
Impact avoidance and minimization have already been undertaken for the land footprint of thesolar parks across Neemuch, Agar and Shajapur; however, for the transmission line alignments;while the route has been finalised there may be opportunities for optimization as specificlocations of towers will be known after a check survey on-ground. Thus the final land requirementshould consider avoidance of all physical displacement and minimizing the requirement of privateand/or patta land, and aligning the tower base at the edge of a small agricultural plot rather thanin the middle (as relevant);
While private land (and patta land under unavoidable circumstances) will be procured under theMP Mutual Consent-based Land Purchase Policy (2014), as the land transaction has beencategorised as negotiated settlement, entitlements under the proposed entitlement matrix alongwith eligibility for livelihood restoration will need to be extended to private and patta land ownersas discussed in the entitlement matrix to have a consistent approach;
As the MP Mutual Consent-based Land Purchase Policy (2014) provides for patta land to beprocured only under unavoidable circumstances and as no further optimization is possible, a landswap should be considered by RUMSL for patta land owners as the first option. RUMSL hasconfirmed that land swaps for patta land are not feasible for this project;
Compensation for all impacted land under private ownership and assets thereon will be based onthe principle of full replacement cost
Occupiers of government land (encroachers/squatters) will not be eligible for compensation forland, however, they will be eligible for compensation of assets thereon and other entitlements, asrelevant and as described below;
The proposed entitlements will only apply to private and collective entities and not anygovernment institutional entities or public entities that may have impacted assets within theproject boundary;
All payments, for purchase of land (private and patta ), including compensation for loss of assets,structures, trees, etc. will be made prior to physical possession of land for the commencement ofearly works and any civil construction works;
All payments in terms of compensation or allowances identified in the ESMF will be adjusted forinflation for 2020-2021 (refer to Section 7);
Mitigation of the loss of common property resources will consider compensation at a communitylevel and may be linked to the livelihood restoration plan for the specific village (whereappropriate) from where government land has been allotted to the project;
Affected livelihoods will be restored as a minimum, or preferably improved, through the LRP;
RUMSL will put in place a mechanism for informed consultation and participation to discloseinformation related to the project impacts and entitlements based on principles provided in thestakeholder engagement plan for the ESIA. These principles will be refined during the earlyimplementation and will be elaborated as part of a more strategic Stakeholder Engagement andCommunity Outreach Plan (SECOP);
A timely, effective and accessible grievance redressal mechanism will be established to cover allstages of the project as defined in this RAP&LRP;
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
The implementation of the RAP&LRP will be monitored in terms of its impacts, process andoutcomes, as specified in the Monitoring and Evaluation Framework (Section 12).
Survey Completion, Cut-off Date and Eligibility
Eligibility for consideration under the entitlement matrix is based on the following:
Discrete survey completion dates were established for the villages across solar parks. Thesesurvey completion dates were used to identify likely impact categories over and above privateand patta land owners. Any potential opportunistic encroachers and squatters for the villageswhere resettlement surveys were undertaken are not to be considered for compensation(providedthis is validated by the drone imagery and the village community);
The dates for the survey completion meeting can be considered as a cut-off date only to identifynature of impacts and categories of impacts. As the project is not formally initiating landacquisition and in view of the parallel government allotment process; these survey completiondates cannot be considered as a formal cut-off date to recognise rights and titleholders/non-titleholders in view of the following:
- Land titles can still change due to any potential transactions and buying and selling up tocommencement of the procurement process under the MP Mutual Consent-based LandPurchase Policy (2014). It is understood that RUMSL is not likely to notify the districtadministration to freeze any land transactions;
- The survey process, may encourage opportunistic use of the government land;
In view of the above, for households that could not be covered as part of the resettlementsurveys; RUMSL will have to put in place the following process during RAP and LRPimplementation9:
- For land owners (private and patta): Households of land owners that could not be surveyedcan be covered as part of the engagement process during land procurement;
- For informal users (encroachers and squatters): As part of physical land access, additionalhouseholds of informal users can be identified and thereafter surveyed provided they candemonstrate that the occupation and use of government land predates the survey (this can beconfirmed through drone imagery of December 2019-January 2020 available with RUMSL,records of the local patwaris linked to any fines or notices that may have been issued as wellas through village leaders).
For the transmission line, presently, no high resolution imagery/data has been procured for thearea of influence along the 8 segments. Representative sample surveys were undertaken todetermine the categories of impacted entities and patterns of land use. It is understood that thespecific eligibility for consideration of impacts will only be determined during the check surveyprocess once the contractor finalises and optimizes the tower footprint (with consequent changealong the alignment) and thus, the owner and/or user as on date of the survey will be consideredfor compensation. Thus, the actual cut-off date for eligibility will be the land ownershipconfirmation and informal users of directly impacted assets found at the time of the check surveyby the contractor.
Entitlement Matrix
The following table provides the Entitlement Matrix for the 1500 MW project and the transmission line based on the principles identified above, identification of nature and category of impacts and impacted entities and based on an extension of entitlements provided in the agreed ESMF (2017) for the Project:
9 This scope is included in the ToR of the Resettlement Implementation Consultant provided as an appendix in Volume I.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Table 0.5 Proposed Entitlement Matrix for the 1500 MW Project
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Solar Project Footprint
Purchase of
Private Land by
the government
using the MP
Consent-based
Land Purchase
Policy (2014)
Land owners and/or
titleholders of
parcels within the
project footprint
Unit 1: 06
Unit 2: 35
Unit 3: 58
Unit 4: 36
Unit 5: 78
Unit 6&7:45
Unit 8:40
Based on the
ownership
information
within land
records
Submission of the initial
offer will consider a lump
sum amount of twice the
market value of the land
and assets thereon
■ Submission of the initial offer will consider the following:- A lump sum amount of twice the market value of the land and assets thereon as per the provisions of the MP
Consent Land Policy (2014);- If after purchase of the land required for the project residual land is economically unviable, the land owner will
have the choice of either retaining it or selling the remaining land parcel to the project (ESMF 2017);- If the private land owner procures additional land in the same district within one year of the date of payment of
compensation, stamp duty and registration charges incurred will be reimbursed (ESMF, 2017);- Eligibility to titleholders for the following ESMF benefits:
Subsistence allowance of INR 36000 as one time grant (ESMF, 2017); One time rehabilitation grant of INR 500,000 (ESMF, 2017).
- Adult members of the Household of the land owner will be eligible for inclusion in the livelihood restorationprogramme
It is understood that the base rate for
land valuation will be determined by the
District Collector in accordance with the
MP Market Valuation Act (2000), as
amended where annual guidelines are
published (see most recent example for
2019-202010.
In accordance to the ESMF, given that
land for land is not feasible, cash
payment for the land at market value
will take into consideration Section 26
of the LARR Act, 2013. A qualitative
comparison of the aspects that are
considered for market valuation are
provided in Section 7.
Purchase of
Patta Land from
Titleholders that
have taken
possession
[only Neemuch
and Shajapur]
Land owners and/or
titleholders of patta
land parcels within
the project footprint
Unit 1: 57
Unit 2: 39
Unit 3: 09
Unit 4: 33
Unit 5: 0
Unit 6 &7:0
Unit 8:7
Based on the
ownership
information
within land
records
■ MP Consent LandPolicy (2014) requiresprocurement of pattaland only inunavoidablecircumstances;
■ Should the same berequired, submissionof the initial offer willconsider a lump sumamount of twice themarket value of theland and assetsthereon
■ Submission of the initial offer (since land swap is not feasible) will consider:- Submission of the initial offer will consider a lump sum amount of twice the market value of the land and assets
thereon will be provided as per the provisions of the MP Consent based Land Purchase Policy (2014);- If the remaining land after purchase of the required land, is economically unviable, the landowner will have the
choice of either retaining it or selling the remaining land parcel to the project;- If the patta landowner procures land in the same district within one year of the date of payment, stamp duty and
registration charges incurred will be reimbursed (ESMF, 2017);- Eligibility to titleholders for the following ESMF benefits:
Subsistence allowance of INR 36000 as one time grant (ESMF, 2017); One time rehabilitation grant of INR 500,000 (ESMF, 2017);
- Adult members of the Household of the patta land owner will be eligible for inclusion in the livelihood restorationprogramme.
Same as above
Note: Some of the solar parks have
seen informal land transactions of patta
land parcels where the bhumiswami on
record is still the original allottee.
RUMSL can liaise with the Patta holder
(on record) and the District Cllector’s
office to facilitate the documentation
and legal record of any such transfer to
reflect the current functional owner.
Entitlements will be provided to the
current functional owner after they are
reflected in the records, otherwise, the
owner on record will be eligible.
The District Collector may consider
providing permission to register the
formal transfer of title based on agreed
criteria, so that the payment can be
made accordingly and the original
allottee, if landless can be provided
alternate patta as a safeguard
Purchase of
Patta Land from
Land Owners
Land owners and/or
titleholders of patta
Based on the
ownership
information
■ MP Consent LandPolicy (2014) requiresprocurement of pattaland only in
■ Submission of the initial offer will consider:- Submission of the initial offer will consider a lump sum amount of twice the market value of the land and assets
thereon will be provided as per the provisions of the MP Consent Land Policy (2014);
Same as above
10 https://www.mpigr.gov.in/pdf/GuideLineReport2019-20/Sub_Clause_2019_20.pdf
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EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
that are yet to
take possession
(predominantly
in Neemuch)
land parcels within
the project footprint
Unit 1: 0
Unit 2: 0
Unit 3: 0
Unit 4: 0
Unit 5: 0
Unit 6:0
Unit 7:0
Unit 8:0
While presently no
PAHs have been
identified, this
category is retained
in case there are
any impacts
identified later
based on the
completed surveys
within land
records
unavoidable circumstances;
■ Should the same berequired, submissionof the initial offer willconsider a lump sumamount of twice themarket value of theland and assetsthereon
- If post acquisition, residual land is economically unviable, the land owner will have the choice of either retaining itor selling the remaining land parcel to the project;
Note:
■ No subsistence allowance or rehabilitation grant or livelihood restoration has been offered in lieu of no dependence asthe patta land possession (and therefore use) has not occurred
■ Any user of such land parcels will be considered as an informal user and will be eligible for due entitlements based onthe nature of use of land .
Loss of land
accessed by
informal users
(encroachers/
squatters for
agriculture/
cultivation
Encroachers and
squatters who are
using private, patta
and/or government
land
Unit 1: 29
Unit 2: 13
Unit 3: 40
Unit 4: 55
Unit 5: 72
Unit 6 & 7: 227
Unit 8:63
PAH/PAP
identified during
the resettlement
survey as of the
survey
completion date
as well as any
that may be
identified during
the land access
process based
on being able to
establish use
before the
surveys
commenced
There is no provision to
compensate land users in
the MP Land Revenue
Code (1959) for use of
government land or in the
MP Consent Purchase
Policy (2014) for the use of
private land (squatters/
encroachers).
Any squatters on
government land or
encroachers on
government land parcels
are required to pay fines to
the local tehsil
administration on an
annual or periodic basis
a) Compensation for improvements (including cost for land development, refer to 7) (if any) made on the land at full
replacement cost based on a pro rata land development cost;
b) Compensation for the assets thereon based on the following principles:
■ Residential structures: A lump sum amount for the structure will be derived at full replacement cost considering thenature of construction material and built-up area with reference to rates of the Public Works Department withoutaccounting for depreciation;
■ Non-residential structures (for utilities, storage and/or commercial purpose): A lump sum amount for the structurewill be derived at full replacement cost considering the nature of construction material and built-up area with referenceto rates of the Public Works Department without accounting for depreciation;
■ Boundary wall: A lump sum amount for the boundary wall will be derived at full replacement cost considering thenature of construction material and volume with reference to rates of the Public Works Department without accountingfor depreciation;
■ Bore well or other irrigation arrangement: A lump sum amount for the type of irrigation arrangement and/or bore wellat full replacement cost with reference to rates of the Public Works Department without accounting for depreciation;
■ Standing Crops: Replacement cost for the loss of standing crops is calculated as the average yield (kg/ha) reported ata district level for three consecutive years multiplied by the peak retail price for those years for the affected crops(INR/kg) multiplied by the field acreage (ha)
■ Fruit Trees: Replacement cost for fruit trees is based on the average yield per tree, the retail price of harvestedproducts and the number of years it would take to bring a new tree into full production stage. The value takes intoaccount the planting costs and the residual value of the timber;
■ Forest/Fodder/Timber Trees: Replacement cost is based on the unit rates for volume suggested in the MP MarketValuation Guidelines;
c) Extension of subsistence allowance of INR 36,000 as one-time grant in lieu of transition allowance to buffer impacted
livelihood and nature of income that is specific to assets impacted on the land;
These entitlements will be provided
based on the entities identified as on
the survey completion date irrespective
of land ownership and tenure
arrangements and/or duration of use
and/or any local dynamics that induce
informal land use (i.e. elite capture
and/or vulnerable social groups
accessing land due to landlessness).
Entities who may not be physically
present during the resettlement surveys
can approach RUMSL for consideration
through the grievance mechanism (e.g.
for certain villages in Agar, Unit IV)
No specific distinction has been made
between types of land tenure or land
use arrangements such as lease
holders, sharecroppers or renters
among the land users
Persons with no recognizable legal
right or claim to the occupied land, are
not entitled to compensation for land
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
d) The land user will be given adequate notice of at least three months prior to land access to salvage any material and/or
crops and/or timber/wood (ESMF, 2017)
e) Households of the land users that are assessed as vulnerable will be provided a one-time financial assistance of INR
50,000 as per the ESMF 2017
f) Eligibility for Livelihood Restoration
(including any informal owners of patta
land)
Physical
Displacement of
Households
Approximately 20
households have
been assessed as
physically displaced
across Agar and
Shajapur.
Unit 1: 2
Unit 2; 0
Unit 3: 21
Unit 4: 4
Unit 5: 1
Unit 6 &7:14
Unit 8:4
Any household
whose primary
residence
(isolated/
scattered) is
located within or
next to an
agricultural land
that is within the
project footprint
There are no additional
rehabilitation benefits
a) RUMSL will provide assisted relocation support to the PAH as per the relevant scenarios described below:
■ Scenario 1: Where physically displaced households with formal rights to impacted land identify and purchase land andintend to construct a new house and/or refurbish an existing houseRUMSL will facilitate the provision of security of tenure for homestead land;
■ Scenario 2: Where physically displaced households without formal rights to impacted land are identified, RUMSL willassist in providing an ‘awaas patta’ with security of tenure through linkage to existing government schemes (dependingupon feasibility), for instance the Pradhan Mantri (PM) Grameen Awas Yojana In either of the two scenarios, efforts willbe made to ensure that the security of tenure considers both the head of household and spouse;
b) Compensation for land (if applicable) and structures (at full replacement cost and without deducting depreciation);
c) The following allowances and grants as rehabilitation benefits in accordance to EMSF, 2017:
■ Subsistence allowance of INR 36,000 as one time grant (ESMF, 2017);
■ One-time financial assistance of INR 50,000 as shifting allowance (ESMF, 2017);
■ Each affected family that is displaced and has livestock, shall get financial assistance of INR 25,000 for construction ofcattle shed (ESMF, 2017);
■ One time grant of INR 50,000 as resettlement assistance (ESMF, 2017);
■ Each affected person within a physically displaced household who is a rural artisan, small trader or self-employedperson shall get a one-time financial assistance of INR 25,000; and
■ One time grant of INR 5,00,000
d) Eligibility for Livelihood Restoration;
e) Right to salvage material from the demolished structures;
f) Three months’ notice to vacate structures (provided alternate accommodation is made available);
g) Preferential and merit-based consideration for local employment and procurement opportunities.
Note:
■ No specific partially impactedstructures have been inventoriedas per the survey;
■ No specific registered lessees ortenants were encountered;
■ Should urgent land access berequired before the rehabilitationhouse is ready, RUMSL willprovide temporaryaccommodation;
■ The resettlement package offeredto physically displaced householdswill need to consider anyduplication (for example, if they arelocated on land that is eligible forthe INR 500,000 and subsistenceallowance of INR 36,000 as privateand/or patta land owners), they willnot be paid the same amount twice
Impacts of
business
disruption to
petty
commercial
entities
Approximately 10
across Agar and
Shajapur
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6 &7:4
Unit 8:0
While presently no
PAHs have been
identified, this
Any PAE whose
commercial
entity is also
impacted due to
being located on
affected land
There are no other
rehabilitation benefits
a) Compensation for the non-residential structure at full replacement cost;
b) One-time financial assistance of INR 50,000 as shifting allowance (ESMF, 2017);
c) One-time allowance in lieu of commercial entity income loss due to business disruption of INR 50,000 as resettlement
assistance (ESMF, 2017)
d) Right to salvage
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
category is retained
in case there are
any impacts
identified later
based on the
completed surveys
Economic
displacement
(loss of
livelihoods) of
agricultural
labourers who
are employed
on the private,
patta or other
occupied
cultivated land
required for the
project
Agricultural
labourers engaged
by titleholders and
informal occupiers
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6:0
Unit 7:0
Unit 8: 0
While presently no
PAHs have been
identified, this
category is retained
in case there are
any impacts
identified later
based on the
completed surveys
To be based on
a grievance
process with
validation
through land
owners
There is no provision to
compensate land users in
the MP Land Revenue
Code (1959) for use of
government land or in the
MP Consent Land Policy
(2014) for the use of
private land
a) Payment of subsistence allowance of INR 36,000 as one-time grant in lieu of economic transition due to impacted
livelihood
b)
c) The agricultural labourer will be given adequate notice of at least three months prior to land access to salvage any
material and/or crops and/or timber/wood based on their agreement with the titleholder and/or informal rights holders;
d) Households of the agricultural labourers that are assessed as vulnerable will be provided a one-time financial
assistance of INR 50,000 as per the ESMF
e) Training Assistance of INR 10,000 for income generation per household as per the ESMF.
Note: Based on the above assistance, agricultural labourers that are not informal users will not be eligible for any livelihood
restoration.
During the surveys, no specific PAE
came forward as being an agricultural
labourer associated with one particular
land owner and/or land user. However,
the provision has been retained.
Economic
displacement
(loss of
employment) of
workers of
entities affected
by the project
Workers and
labourers engaged
by commercial
entities (e.g. shops
and crushers)
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6 &7:37
Unit 8:0
To be based on
a grievance
process with
validation
through land
owners
There is no provision to
compensate land users in
the MP Land Revenue
Code (1959) for use of
government land or in the
MP Consent Land Policy
(2014) for the use of
private land
a) Payment of subsistence allowance of INR 36,000 as one-time grant in lieu of economic transition due to impacted
livelihood;
b) Households of the agricultural labourers that are assessed as vulnerable will be provided a one-time financial
assistance of INR 50,000 as per the ESMF 2017;
c) Training Assistance of INR 10,000 for income generation per household as per the ESMF.
Note: Based on the above assistance, workers that are not informal users will not be eligible for any livelihood restoration.
Certain commercial entities (e.g.
crushers) may have sought a stay and
the matter may be sub judice. It is
understood that these commercial
entities will be separately covered by
RUMSL and are not under the scope of
the entitlement matrix.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Impact on
common
property
resources, loss
of community
assets or
infrastructure
25 villages across
the three solar
parks
- Avoidance criteria provided
under the MP Land
Revenue Code (1959) -
processes to manage
consent if Nistar land not
avoided
a) Assess feasibility of avoidance during physical land access;
b) Creation of alternate commensurate community infrastructure/facility if avoidance and replacement are not feasible
c) Provision of easements shall be maintained in order to not sever the access to CPRs for the community
-
Economic
displacement
impacts due to
reduction in
common
property
resources- Loss
of grazing areas
Recognised or non-
recognised
Households
within all
affected villages
that use
government land
for grazing,
specific
measures for
more
significantly
affected villages
The Land Code specifies
avoidance (stated earlier)
and a minimum area to be
set aside for grazing (2% of
total agricultural land of the
village).
Responsibility of the
District Collector to ensure
that at a minimum, 2% (of
agricultural land) is
available for open grazing
(charagah/charnoi), and if
this is not so, make
adequate allocations to
make good on the
minimum requirement, by
designating other suitable
government land
Implementation of the Grazing Management Plan which includes:
a) Provision for alternate grazing land for livestock near the project villages that are most significantly impacted, for
identified villages;
b) Creation and development of alternate CPRs (grazing land and resources) with adequate access provisions for the
user community;
c) Associated livelihood restoration initiatives.
ESMF: There is no provision of
compensation for community level
impacts eg., Grazing land
Impacts on
natural
resources of
indigenous
communities
Recognised groups
in the project area
assessed to be
indigenous peoples
Participatory
resource
mapping under
the FPIC study
- Provisions of the Indigenous Peoples Plan The IPDP implementation may be
linked or implemented along with the
LRP
Vulnerable
Households
Certain households
among the project
affected entities
have been
assessed to be
vulnerable by
revisiting the ESMF
criteria for
vulnerable11 families
These
entitlements
refer to the
additional
process
elements to be
extended to
those
households that
There is no provision of
giving special assistance to
vulnerable households as
per the consent purchase
policy
a) All applicable compensation and other entitlements as per the category of impact or loss of fixed asset at full
replacement cost, without depreciation;
b) Preferential and merit-based consideration for local employment and procurement opportunities; and
c) Support and follow up by RUMSL’s social mobilizers to access benefits and entitlements
RUMSL will need to put in place a
process safeguard to monitor and track
vulnerable households and to ensure
that they are made aware of the
entitlement on preferential
consideration for formal employment
and local contracting requirements
through solar power developers
11 As per ESMF, the vulnerable people are those: - Those people falling under Below Poverty line category as defined by the state government;- Member of Scheduled caste/tribe community/other backward community;- Women Headed households;- Senior citizen-person above the age of 60 years;
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
with relevance for
the project/site’s
context
Unit 1: 11
Unit 2: 13
Unit 3: 4
Unit 4: 10
Unit 5: 45
Unit 6:14
Unit 7:30
Unit 8:10
are assessed as
vulnerable
Transmission Line Project Footprint
Private and
patta land parcel
for the tower
footprint though
the ownership
will remain with
the original
owners
Titleholders of the
private and patta
land
Land ownership
documentation
The Ministry of Power
Guidelines provides for
85% of the land value
which has also been
ratified by the Government
of Madhya Pradesh on 1
April 2019
a) 85% of the land value will consider replacement cost as the base based on rates (to the extent applicable) determined
as part of the MP Mutual Consent based Land Purchase Policy (2014);
b) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the tower footprint due to direct impacts;
c) Resettlement assistance of INR 50,000 for those land owners under the tower footprint that have land parcels of area
up to 0.1 ha;
d) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017;
e) If the household of the titleholder faces cumulative impacts by also being affected by the solar park, they will be eligible
for livelihood restoration
ESMF does not provide any separate
entitlements for transmission line
impacts
Private or patta
land under the
Right of Way for
the transmission
line, though the
ownership will
remain
unchanged
Titleholders of the
private and patta
land
Land ownership
documentation
The Ministry of Power
Guidelines provides for
15% of the land value
which has also been
ratified by the Government
of Madhya Pradesh on 1
April 2019
a) 15% of the land value will consider replacement cost as the base based on rates (to the extent applicable) determined
as part of the MP Mutual Consent based Land Purchase Policy (2014);
b) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the 13 m RoW in view of construction access, stringing, or safety and set back considerations;
c) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017;
d)
In view of the scale of impacts for a 220
KV right of way of 13 m and as
cultivation under the alignment may
continue, no livelihood restoration or
transition allowance has been provided
Crops and/or
assets as
damage during
construction
Owners of the
assets who may be
owing and/or using
land
Identification
during land
access and
construction
Damage compensation as
per
■ Section 10 and 16 ofthe Indian TelegraphAct, 1885;
Damage compensation for the crops and/or assets will consider the provision of full replacement cost as provided above RUMSL will suggest the replacement
cost values as provided through the
Market Valuation for the Collector’s
Consideration
- Landless; and- Village artisan.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
■ Sections 67 and 68 ofthe Electricity Act,2003
■ Government Order ofGoMP dated 1 April2019 requires thecollector to determinerates
Informal users
of the
transmission
line tower
footprint
Approx. 65
households
Identification
during land
access and
construction
No specific consideration a) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the 13 m RoW in view of construction access, stringing, or safety and set back considerations (if owned by the informal
user);
b) One-time subsistence allowance of INR 36,000 in lieu of loss of livelihood due to economic displacement;
c) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017.
The project will avoid duplicating
allowances for land owners who also
use their parcels
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Implementation Strategies
The implementation of the proposed resettlement and livelihood restoration policy and entitlement matrix for the 1500 MW project and its associated infrastructure by RUMSL will include the concurrent execution of the following strategies that have been described in specific chapters and sections of this RAP&LRP:
Market Valuation Framework: While the price for land and assets will consider the DistrictCollector’s guidelines for valuation, as specified in the MP Consent Land Policy (2014), theRAP&LRP provides a principles-based framework as a recommendation to RUMSL to design anddevelop entitlements that incorporate replacement cost. The market valuation framework alsocompiles existing primary and secondary data to derive unit costs for affected land and assets aswell as allowances. These unit costs have been used to estimate the indicative budget;
Assisted Relocation: Assisted relocation has been suggested as the approach to providingresettlement housing adhering to the principles of security of tenure, relocation assistance thatcan be feasibly implemented in view of the scattered nature of physical displacement anddisplaced persons’ preferences (as elicited during resettlement surveys) with respect to relocatingin pre-existing communities. Assisted relocation considers two scenarios: (a) Where physicallydisplaced households with formal rights to impacted land identify and purchase land and intend toconstruct a new house and/or refurbish an existing house; (b) Where physically displacedhouseholds without formal rights to impacted land will be assisted in availing existing governmentschemes. The intent will be to support the community’s integration preferably into existing projectaffected villages where they may already have social networks; thereby reducing conflict and thepossibility of grievances with host resettlement sites. This approach also enables the exercise ofgreater individual preferences and choices and thereby ensuring longer-term acceptance andretention of the replacement house;
Livelihood Restoration: In addition to cash-based compensation and entitlements, certainlivelihood programs and measures have been suggested to enable the restoration of affectedlivelihoods up to and/or preferably improved taking into account pre-project levels as indicated inthe socio-economic surveys. These measures have been designed on the basis of certainprinciples within the framework of existing patterns of land and natural resource use, gender andinter-community dynamics, skills and access to resources. These measures solicit participationand interest from all adult members within eligible households to utilize a range of assets in orderto diversify income generating options. The following basket of options have been provided fromwhich adult population among eligible households can choose options/alternatives thatcomplement or enhance their existing assets (e.g. balance land and/or livestock), skills, interestsor capacity:
- Agricultural Intensification:
- Livestock, poultry and cattle rearing:
- Vocational Training and Skill Development:
Community impacts linked to grazing: The impact on reduced access to grazing land variesacross affected villages depending upon the amount of government land allotted to the project,intensity of grazing activities in that village and distance from the village settlement to the balanceland left over after allotment. A grazing management plan has been developed for RUMSL’sconsideration that will be implemented as a hybrid fodder/pasture enhancement and livestockdevelopment program which is based on the following components:
- Improvement of the quality and productivity of relevant fodder types in open access areasidentified through community participation with concurrent from the tehsil authorities;
- Intensification of fodder production through the development of designated fodder lots forcertain categories of affected communities;
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
- Veterinary support, market linkages and community mobilization of cooperatives based onmobilizing existing government schemes; and
- Safeguards to enable collective decision making and ensure equitable access (includingpriority access based on vulnerability).
Integrating Gender Concerns: Gender is an important factor that has been considered byapplying a gendered lens to impacts from the loss of access linked to land and natural resources.The overarching framework provided within the Gender Action Plan of the ESIA-ESMP has beenexpanded (relevant to involuntary resettlement impacts and not including any other genderimpacts from community health & safety, ecosystem services etc.) to develop a program that isbased on:
- Mitigation of impacts identified by comparing gendered access, ownership and control ofland and natural resources before and after the 1500 MW project;
- Specific interventions that are focused on:
Addressing gender-based violence linked to disbursal of compensation and infusion ofcash into the local economy;
Addressing inducted implications from involuntary resettlement linked to food securityand loss of shelter;
Addressing livelihood interventions to include either gender mainstreaming and/ortargeted action; and
- Process safeguards to encourage and facilitate the participation and engagement of womenduring RAP&LRP implementation.
Safeguards to Vulnerable Households: The proposed entitlement matrix provides specificconsideration that will be extended to project affected households that are determined to bevulnerable. The intent is to identify potential households (and not individual household members)that may face differential impacts, or who may be more adversely affected my involuntaryresettlement than others, or who may be limited in their ability to claim or take advantage ofresettlement assistance. Each of the above strategies specify process safeguards (in addition todefined entitlements) in the form of preferential access, counselling and monitoring during theRAP&LRP implementation; and
Preferential Employment and Contracting Opportunities: While RUMSL’s Resettlement andLivelihood Restoration Policy does not specify compulsory employment and jobs in the project;preferential and merit-based opportunities for local employment and contracting will be providedthrough the SPDs and their contractors. In addition to certain categories of impacted households(e.g. vulnerable households and physically displaced households); beneficiaries of skilldevelopment programs (as part of the LRP) will also be considered for such opportunities.
Implementation Arrangements
The RUMSL Land Procurement team (in coordination with the E&S team) will be responsible for the overall implementation of the RAP & LRP. RUMSL will be supported by the concerned district administration as well as a Resettlement Implementation Consultant or RIC (to be appointed upon RAP and LRP finalisation). The RIC will further oversee implementation partners for specific programs/initiatives under resettlement housing, livelihood restoration and grazing management.
RUMSL’s E&S team (in coordination with the RIC) will undertake internal monitoring and a third-party agency (same as the E&S consultant for ESIA-ESMP external monitoring) will be engaged for external monitoring. This agency will also undertake mid-term and end-term RAP & LRP completion audit.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
EXECUTIVE SUMMARY
Figure 0-1 Organization Structure for RAP and LRP Implementation
Key implementation safeguards which will be executed between RUMSL and RIC will include:
Extension of the SEP into a Stakeholder Engagement and Community Outreach Plan (SECOP);
Establishment of an Information Management System;
Engagement and on boarding of the implementation partners for specific initiatives under theimplementation strategies (Section 0.8);
Development of training modules with specific guidance on culturally appropriate engagementwith local communities, ethics/anti-corruption, gender mainstreaming, awareness building onprevention of sexual harassment and gender-based violence for staff and support teams ofagencies;
Coordination of land access and land procurement to ensure that principles with compensationprior to loss of land access and rehabilitation are demonstrated.
The RAP &LRP has also put in place a high level schedule for the implementation of the plan which will be finalised by the RIC as well as an associated budget. Finally, a three-tier grievance mechanism will be established to receive and resolve any land, resettlement and implementation related concerns with further elaboration as part of the SECOP.
Monitoring and Evaluation
RUMSL will monitor land procurement and access for the project as well as RAP and LRP implementation to ascertain compliance to the agreed policy and principles and to ascertain that livelihoods of the PAHs and living standards are restored to at least pre-project levels. A two-tier monitoring and evaluation structure will be implemented, which will consist of:
a) Internal monitoring by RUMSL E&S team and the RIC (including inputs from the park-levelgrievance management committee) and;
(b) External monitoring by a third-party entity, which will be engaged by the RUMSL E&S team as theoverall external consultant for environment and social. This agency will also undertake a mid-term andend-term RAP and LRP completion audit.
Addendum to the RAP and LRP under Willing Buyer Willing Seller Scenario
RUMSL has decided to procure private and patta land using the MP Mutual Consent-based Land Purchase Policy 2015, without resorting to any option to compulsorily acquire land using the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013 (as amended and notified in Madhya Pradesh); the transaction has been reclassified from negotiated settlement to willing buyer willing seller.
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This implies that any private and/or patta land titleholders will not be considered to be affected by involuntary resettlement as they will have the right to refuse RUMSL’s initial offer. Therefore, an addendum to Vol 1 has been prepared to document the key entitlement implications as follows:
Applicable Reference Framework: For private and patta land titleholders, since RUMSL has saidthat the RFCTLARR 2013 will not be used; therefore the involuntary resettlement safeguardsunder IFC PS 5 (2012), WB OP 4.12 and the ESMF (2017) will not apply. However, thesestandards will continue to be applicable for informal users, general stakeholder engagement andcommunity impacts;
Revised Impacts: Private and patta land requirement as well as impacts to assets, homesteadareas and livelihoods will not be screened as involuntary resettlement impacts. It is ascertainedthat private and patta land owners have consented to sell their land and assets thereon. Basis thesame, the revised number of project affected households is as follows:
Table 1-6 Summary of Project Affected Households
Solar Park Total PAHs Only Economically
displaced PAHs
Physically and Economically
displaced PAHs
Neemuch Solar Park (with negotiated settlement)
225 202 23
Neemuch Solar Park (with willing buyer willing seller)
82 59 23
Agar Solar Park (with negotiated settlement)
262 257 5
Agar Solar Park (with willing buyer willing seller)
77 73 4
Shajapur Solar Park (with negotiated settlement)
384 346 18
Shajapur Solar Park (with willing buyer willing seller)
281 273 8
Entitlements: In view of private/patta land procurement being voluntary; the proposed entitlementmatrix (including allowances under the ESMF, 2017) will not apply to private and patta landowners. This also implies that they will not be eligible for safeguards under resettlement housingand livelihood restoration or for any considerations as vulnerable households;
Budget: For the WBWS scenario, a revised budget has been developed for RAP and LRPimplementation (not including private/patta land procurement costs) to reflect reduction in thetotal number of PAH for allowances, livelihood restoration and other similar implicationconsiderations;
Monitoring and Evaluation: RUMSL is not required to include private and patta land owners aspart of monitoring and evaluation (internal and external).
The following caveats should be noted:
Involuntary resettlement in terms of restrictions of land access and easement procurementthrough the District Collector will still apply to the TL and thus, this addendum does not have anychanges for the same;
RUMSL is yet to confirm that compulsory land acquisition will not be triggered in the case of: (a)any parcels with disputes and/or where there are multiple titleholders, the course of action if at
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least one titleholder does not consent; and (b) decision in case a land parcel is in the middle of the khasra and/or footprint;
The addendum only notes key entitlement related changes to the RAP and LRP should the landtransaction be considered willing buyer willing seller. All other entitlements and referencescontained in Vol I and Vol II A, B, C & D) remain unchanged.
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INTRODUCTION
1. INTRODUCTION
1.1 Preamble
Rewa Ultra Mega Solar Limited (RUMSL) has been authorized by the Ministry of New and Renewable Energy Development (MNRED) to develop three solar parks (including internal power evacuation infrastructure and associated transmission lines) with an aggregate capacity of 1500 MW (hereafter referred to as the Project or the 1500 MW Project). These parks are to be developed across the districts of Neemuch, Agar-Malwa and Shajapur in Madhya Pradesh, India. The World Bank (WB) intends to finance the Project and/or its associated facilities. The International Finance Corporation (IFC) is providing transaction advisory to RUMSL to implement a competitive bidding and tender process to support the development of the three solar parks.
In order to align the Project to the requirements of the WB and IFC, RUMSL appointed ERM India Private Limited (ERM) to undertake an Environmental and Social Impact Assessment (ESIA) of each of the three solar parks and their associated facilities. This requirement was based on the outcome of the Environmental and Social Screening and Scoping Assessment commissioned by IFC for the 1500 MW project in 2018. While the Project does not require any regulatory environmental approvals, the ESIA for each solar park has been developed to align with the requirements of the Environmental and Social Management Plan Framework (ESMPF) dated June 2017 of the Ministry of New and Renewable Energy Development (MNRED). The scope of the ESIA additionally included two technical studies; i.e.
Resettlement Action Plan and Livelihood Restoration Plan (RAP&LRP) for each of the three solarparks and their associated evacuation infrastructure; and
Development of the approach and strategy to undertake Free, Prior and Informed Consent(FPIC), which includes an Indigenous Peoples Development Plan (IPDP).
This document provides the consolidated outcome of the resettlement planning process across the 1500 MW Project through a Resettlement Action Plan (RAP) and Livelihood Restoration Plan (LRP) for further implementation by RUMSL. The RAP&LRP have been developed in accordance with the applicable reference framework (Section 1.3.2.2).
The RAP & LRPs for the 1500 MW project have been structured in the following manner:
Figure 1-1 Structure of the RAP and LRP Deliverables for 1500 MW
The Volume 1 (this document) provides an overall context to the RAP&LRP for the Project, anunderstanding of the project and the land requirement across the three solar parks, the landprocurement process to be followed, the applicable reference framework guiding the RAP, a briefsocio-economic baseline and impact discussion for the overall project and the Entitlement Matrix
Volume I (RAP-LRP) Complete 1500 MW
project and TLs [Common Sections]
This document
Volume II A- NeemuchSolar Park (RAP-LRP)
Volume II B- Agar Solar Park (RAP-LRP)
Volume II C- Shajapur Solar Park (RAP-LRP)
Volume II D-Transmission Lines
(RAP-LRP)
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INTRODUCTION
for the project as a whole. Lastly, this document provides a summary of the cost and schedule for the implementation of the RAP and the implementation mechanism. This document is accompanied by certain appendices which support the discussion throughout the document;
The individual Park-level volumes (Volume II(A-C)) provide the specific details for each of thesolar parks, specifically pertaining to the land procurement status, socio-economic profile of thePAHs in the solar park and the detailed impact discussion for the individual park, while VolumeIID applied for all Transmission Lines for the project. The volumes also provide any detailsnecessary in terms of park level stakeholder feedback or any specific incorporations into theEntitlement Matrix or Implementation Mechanism. Lastly, the volumes provide the detailed budgetand schedule for the implementation of each individual Park level RAP&LRP entitlements;
1.2 Project Overview
The following table provides an overview of the 1500 MW Project as of March 2021:
Table 1.1 Information across sites
Aspect Neemuch Solar Park
(NSP)
Agar Solar Park (ASP) Shajapur Solar Park (SSP)
Capacity and
Configuration
3 Units (Units 1, 2, 3)
adding up to 500 MW
2 Units (Units 4 and 5)
adding up to 550 MW
across Susner (Unit 4) and
Agar (Unit 5)
3 Units adding up to 450
MW across Moman
Badodiya (Units 6 and 7)
and South Shajapur (Unit 8)
Total Land Area
as of 24 June
2020
Unit 1: 0 Unit 1: 0 Unit 1: 0
Government Land
(ha) allotted as of
23 April 2020
678.19 (63%) 1271.37@ (More than the
government land in final
footprint)
1176.97@ (More than the
final footprint)
Proposed Power
Evacuation
■ TL Segments 1, 2 and3;
■ Internal transmissionlines will evacuate thepower generated foreach of the three unitsup to the ISTSsubstation to be set upby PGCIL in Badivillage;
■ The combined lengthof the threetransmission linesegments is 7.4 km
■ TL Segments 4, 5 and6;
■ Transmission linesfrom Susner (Unit 4)and Agar (Unit 5) willevacuate the powergenerated throughthree (3) segments upto the ISTS substationat Pachora Village inAgar;
■ The combined lengthof the threetransmission linessegments is 37.2 km
■ TL Segments 7 and 8;
■ Transmission lines fromthe two units of MomanBadodiya (Units 6 and7) and from the unit atSouth Shajapur (Unit 8)will evacuate the powergenerated up to theISTS substation atPachora Village inAgar;
■ The combined length ofthe two transmissionline segments is 81.94km
Proposed
Timelines (as of
March 2021)
■ Tender and bid process (Ongoing and proposed up to June 2021), status differentacross sites and based on current status of pre-bid meetings, bid-submission datesand reverse auction dates;
■ Initial activities associated with land procurement have commenced (except fortransmission lines);
■ Land access and commencement of construction by December 2021;
■ Indicative construction timelines of 21 months for all solar park sites with likelycommissioning from October 2023 onwards;
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INTRODUCTION
Aspect Neemuch Solar Park
(NSP)
Agar Solar Park (ASP) Shajapur Solar Park (SSP)
■ The tentative timelines for the construction phase of all the TLs will be eighteenmonths (likely to be initiated from December 2021).
@ It is understood that RUMSL will initiate a process of hand over of balance government land to revenue department no
longer required for the project
In January 2020, RUMSL signed a project management contract (PMC) with the Power Grid Corporation of India Limited (PGCIL) to execute power evacuation and transmission line construction12 for the 1500 MW project. RUMSL is presently seeking bids from proposed solar developers through a reverse auction with the pre-bid meetings planned for the third quarter of 2020. RUMSL is yet to initiate private and patta land procurement and any early works across the three solar parks. The boundary demarcation for the 3 solar parks in terms of the government land allotted within the final project footprint has been initiated.
12 It is understood that RUMSL (through the district administration) will procure easement and engage a contractor for construction. The infrastructure post commissioning will be handed over to PGCIL. RUMSL is not engaged in any land procurement for the inter-state transmission substations (ISTS) which will be directly managed by PGCIL.
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INTRODUCTION
Figure 1-2 1500 MW Project Location and Power Evacuation Map
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1.3 Objectives and Scope of Work
1.3.1 Requirement for the RAP and LRP
The land requirement for the 1500 MW project is primarily government land, which has been allocated to the project (refer to Section 2.3 for further details) across 25 villages in Neemuch, Agar and Shajapur Districts; Madhya Pradesh. In addition to this, the project requires a proportion of private and patta land parcels; which are proposed to be procured through the MP Consent-based Land Purchase Policy (2014) 13. Based on the assessment of the project footprint and the assessment of environmental and social impacts as documented across the ESIA reports, , the following involuntary impacts are likely to result from the land take for the project:
Involuntary physical displacement of households whose primary residence is within the proposedproject footprint. These residences could not be avoided as they were isolated and/or scatteredoutside settlements and/or abadi (habitation) areas of affected villages;
Involuntary economic displacement of those private and patta land holders who do not providetheir consent for land procurement under the MP Consent Based Land Purchase Policy 2014;
Involuntary economic displacement of any informal rights holder or user and/or agriculturallabourer dependent upon the project footprint for their livelihood;
Involuntary restrictions of land use imposed due to the Project’s requirement of easement for thetower footprint and the right of way of the transmission line alignment;
Involuntary community level impacts in terms of loss of grazing land, water bodies used for waterfor livestock and other common property resources; and
Involuntary physical displacement of the households who may be forced to relocate from theirpresent residence due to their entire agricultural land being impacted by the project or to avoidbeing surrounded by the project from all sides (induced displacement);
The RAP& LRP has been developed as a mitigation measure accompanying the ESIA with proposed compensation, rehabilitation and livelihood restoration measures as entitlements. The entitlements given are based on the ESMF (2017) (refer to Select Glossary of Terms and 1.3.2.2) and have been reviewed in view of their applicability to the nature and intensity of land and natural resource based impacts across the three solar parks. This has been supplemented by the feedback received during the resettlement planning survey process from the external stakeholders. Anecdotal information available based on discussions with RUMSL on the precedence followed for their other solar parks in Madhya Pradesh has also been considered.
It should be noted that as part of the ESIA, certain additional management plans have been created such as Gender Action Plan (GAP), Stakeholder Engagement Plan (SEP), Grievance Redressal Mechanism (GRM) and Indigenous People’s Development Plan (IPDP). The RAP &LRP is to be concurrently implemented with appropriate linkage and integration (for efficient resource allocation). While each management plan has a specific objective and scope, there are themes or areas of overlap with the RAP&LRP. This document identifies those overlaps and includes safeguards and/or additional considerations.
1.3.2 Objective of the RAP and LRP
The objective of the RAP&LRP is to document the resettlement planning approach for the project in accordance to the applicable reference framework. The RAP&LRP serves as a management plan with the objective of documenting all the avoidance and/or minimization of any adverse involuntary resettlement and livelihood impacts and to put in place principles; entitlements and compensations as mitigation measures for impacts that cannot be avoided.
13 https://ratlam.nic.in/en/notice/land-purchase-policy-mutual-of-government-of-madhya-pradesh-2014/
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1.3.2.1 Scope of Resettlement Planning
The specific scope of work for the Resettlement Action Plan includes the following:
Review of the land procurement process against the applicable reference framework in order toestablish the applicability of IFC PS 5, involuntary resettlement and key safeguards that are to beincorporated into resettlement planning;
Provide recommendations to avoid, minimize (to the extent feasible) adverse resettlement andlivelihood impacts that will emanate from the land requirement for the Project to align with IFC PSrequirements;
Identify project affected households and entities, assess loss of land / livelihood / commonproperty resources
Conduct an asset inventory for the physically displaced and assessment of loss of crops oraccess to common areas like grazing land;
Assess the feedback from the baseline surveys and stakeholder engagement;
Assess impacts on gender and vulnerable social groups due to the project development as wellas its land and natural resource requirement;
For unavoidable impacts, develop strategies to mitigate adverse impacts, aligned to therequirements of the Applicable Reference Framework (see Section 1.3.1), including IFCPerformance Standards (2012);
Undertake a market valuation to estimate replacement cost for potential entitlements;
Document the stakeholder engagement, information disclosure and consultation to inform theimpact analysis and ensure that the entitlements are developed to include feedback from thecommunity;
Determine the principles, strategies and approach for compensation and assistance, as well aslivelihood restoration and improvement, in response to physical and economic displacementcaused by the project;
Develop an entitlement matrix that defines the entitlements to be provided to meet the referenceframework standards and closes the gaps identified;
Propose institutional structure, budget and implementation plan; and
Propose the Monitoring and Evaluation Framework.
1.3.2.2 Applicable Reference Framework
The RAP&LRP is informed based on a review of the following applicable reference framework:
Key regulations and policies that govern private land procurement and government land allotmentfor the 1500 MW project:
c. Madhya Pradesh Land Revenue Code, 1959 (as amended in 2018);
d. MP Mutual Consent based Land Purchase Policy, 2014;
e. Madhya Pradesh Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Rules, 2015
Key regulations and policies that govern right of way procurement for the transmission lines:
f. Section 10 and 16 of the Indian Telegraph Act, 1885;
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g. Sections 67 and 68 of the Electricity Act, 2003; andGuidelines on Payment of Compensationfor the Right of Way (RoW) for transmission lines, Ministry of Power, October 201514 and thegovernment order (GO) issued by the Government of Madhya Pradesh (GoMP) on 1st April2019 notifying all district collectors;
Other associated regulations and policies:
h. Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi ParBhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam (Patta),1984;
i. Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha UnkaPunrikshan Niyam, 2000; and
j. Madhya Pradesh Solar Policy, 2012;
Indicative resettlement policy framework (RPF) proposed as a part of the Environmental andSocial Management Plan Framework (ESMF), 2017 which includes provisions of the Right to FairCompensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, 2013;and
Relevant International Standards:
k. World Bank Group’s Operational Policy 4.12 on Involuntary Resettlement, dated December2001 and revised in 2013;
l. IFC Performance Standards (2012).
1.4 Summary of Approach and Methodology
This section provides a summary of the key steps and activities undertaken as part of the preparation of the RAP&LRP for the project. The detailed Approach and Methodology is provided in Appendix A of this document. The overall approach to the resettlement planning was iterative and participatory in nature with the feedback and observations from the other project activities such as project boundary optimization, impact assessment and preparation of the indigenous people’s plan informing the RAP&LRP planning. The key steps followed in the development of the RAP&LRP are as follows.
Reconnaissance visits in November-December 2019 used to scope the resettlement impacts anddevelop an understanding of the then project footprint so as to plan for the primary data collectionfor the RAP&LRPs;
Geospatial assessment of project footprint and inputs for optimization in order to minimize theimpacts;
Land use analysis to further optimize the project boundary and incorporate E&S avoidancemeasures;
Development of draft Entitlement Matrix, which allowed for a discussion on impacts and impactedentities identified and approach towards resettlement surveys
Primary data collection, as discussed below. Details are provided in Appendix A with field surveytools in Appendix B;
Data QA/QC and report compilation
14 https://powermin.nic.in/sites/default/files/uploads/Guidelines_for_payment_of_compensation_towards_damages_in_regard.pdf
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Figure 1-3 Process Flow for RAP and LRP Primary Data Collection
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1.5 Limitations and Assumptions of the RAP and LRP
The following key limitations and assumptions are applicable for the RAP&LRPs for the project.I should be noted that there are certain additional limitations and assumptions that are applicable to the individual solar parks, which are discussed in the respective Volume II reports.
Volume I and Volumes IIA, IIB, IIC and IID revisit the preliminary impacts identified as part of theEnvironmental and Social Impact Assessment (ESIA) reports presented to the bidders andinclude an updated understanding of the project’s land and natural resource requirements andconsequently involuntary resettlement impacts. Only the most relevant summary details areincluded in Volume I;
As the transmission line infrastructure is linear, as compared to contiguous solar parkinfrastructure; only relevant/summary details that have implications on entitlements andimplementation strategies are reiterated in this document. Refer to Volume IID for the specificdetails of land footprint, baseline and impacts as well as specific implementation measures (e.g.the schedule);
Scope Clarification and Assumptions
- This document is focused on the three solar parks that form the 1500 MW project and theinternal transmission lines in the scope of RUMSL for development. This RAP&LRP does notcover the approach to be followed for the land procurement of the two ISTS substations andthe subsequent transmission line from the ISTS substations and the grid substations. It isunderstood that these are under the scope of PGCIL and the ESIA and RAP&LRP will beundertaken by them to meet the World Bank requirements;
- The entitlement framework presented as part of the Environmental and Social ManagementFramework (ESMF), 2017 will be applicable for the 1500 MW project and associatedtransmission line infrastructure. This ESMF has incorporated World Bank and IFCrequirements in addition to all relevant safeguards proposed under the RFCTLARR, 2013 (asamended). The Entitlement Framework within the ESMF has been reviewed and updated toreflect the project’s context, site-specific sensitivities and vulnerabilities of social receptors,RUMSL’s decision to procure land through the MP Consent-based Land Purchase Policy(2014)) and the categories of affected communities and households;
- At the time of drafting the consolidated RAP&LRP and supporting park volumes, RUMSL wasyet to initiate land procurement in the field. The RAP&LRP has reviewed the government-landallotment process for the project and the proposed approach to land procurement in order toidentify potential involuntary resettlement triggers and/or gaps that are to be addressedthrough the Entitlement Matrix (EM). It is expected that RUMSL land procurement process willbe fully aligned with the RAP and LRP, in addition to the MP Consent-based Land PurchasePolicy (2014);
- Labour and working conditions, their management and consideration of gender and gender-based violence as part of engagement of workers and in-migration are covered in the ESIA-ESMP; including mitigation measures. No specific labour management plan has beenadded/provided in the RAP and LRP. It is assumed that any implementation partners as wellas contractors engaged for aspects such as resettlement housing, will require to abide by thelabour management safeguards and gender/gender-based violence provisions of the ESMP;
Limitations
- While typically as part of the household survey process certain information on the healthprofile, existing illnesses and treatments is collected from PAHs, the same was not done forthe present RAP&LRP. This was based on the advice of the ERM’s H&S advisors in keepingwith the present COVID-19 pandemic. ERM was advised to remove these questions from thesurvey format as health related data is presently very sensitive. These questions presented a
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INTRODUCTION
risk in terms of incorrect interpretation of the purpose of the data collection. This could have subsequently resulted in unwillingness of the local community to participate in the survey process;
- Certain data pertaining to land holdings, income and expenditure is based on responses givenby the respondents and may not be fully accurate and have not been verified in the field .Thisdata has thus been used to provide an overall profile of the trends in the villages and PAHsonly and has been used for comparisons and understanding trends;
- While best efforts were made to capture accurate land ownership and land use data in the HHsurvey, there may be discrepancies in terms of details of land informally used as there are nosupporting documents to verify the claims
- 323 households refused to participate in the survey across 14 villages. These refusals wereprimarily resultant from the Head of Household (HoH) being unwilling to participate in thesurvey or the land parcel was embroiled in legal dispute. The data of these 323 households isthus not included in the socio-economic profile of the PAHs
- Due to the existing cultural norms and social dynamics, the overall participation of women inthe FGDs and PRA exercises was low in comparison to that of men. To ensure that thewomen’s opinions and comments were also captured, the household surveys were conductedin the presence of women and their feedback was sought on relevant themes;
- The actual grazing areas reported by the local community during the PRA exercises areapproximate as the community uses designated areas as well as undesignated grazing areasand the community has its own way of identifying those notional boundaries. To the extentpossible, ERM attempted to triangulate the information by locating the grazing areas againstimmovable markers such as key roads or water bodies. Furthermore, the results of thesemapping exercises are indicative and are used to ascertain an overall understanding of thecommonly accessed grazing areas within the village boundary. This map is not aimed atproviding an accurate/georeferenced location of the grazing area.
Disclaimer: This report has been finalized on the basis of discussions with RUMSL and feedbackfrom World Bank and the IFC. A recommended strategy for community-level disclosure of theRAP and LRP has been suggested to RUMSL and is being currently deliberated. In view of theCOVID-19 pandemic related health and safety concerns and travel restrictions (as of 30 April2021), this report has been finalised based on the understanding that RUMSL and theResettlement Implementation Consultant will undertake the recommended disclosure. A Hinditranslation of the Volume 1 Executive Summary will be provided to the local community. Anyrelevant feedback from the local community can be incorporated by the RIC as a part of RAP andLRP implementation.
1.6 Layout of the Document
Section 1 (this section) Introduction
Section 2 Project Description and Land Access Footprint
Section 3 Applicable Reference Framework
Section 4 Socio-Economic Baseline Profile of Affected Communities
Section 5 Stakeholder Engagement and Consultation
Section 6 Proposed Resettlement and Livelihood Restoration Policy and Entitlement Matrix
Section 7 Market Valuation
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Section 8 Resettlement Housing
Section 9 Livelihood Restoration Plan
Section 10 Gender Action Plan
Section 11 Institutional Structure and Implementation
Section 12 Monitoring and Evaluation
Appendices for the Main Report
Appendix A Detailed Approach and Methodology
Appendix B Primary Data Collection Tools
Appendix C Brief Overview Of Land Administrative Structure In Madhya Pradesh
Appendix D Review of Key Regulations
Appendix E Grazing Management Plan
Appendix F Comparison between Replacement Cost as per IFC PS and MP Market Valuation Rates for Trees
Appendix G Government Housing Schemes
Appendix H ToR for Implementation Partner
Appendix I ToR for Implementation partners (Generic)
Appendix J ToR for Monitoring and Evaluation
Appendix K Screening of potential Implementation partners
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PROJECT FOOTPRINT AND PROCUREMENT PROCESS
2. PROJECT FOOTPRINT AND PROCUREMENT PROCESS
This section provides an understanding of the project footprint and land requirement across the three solar parks and the transmission line infrastructure. The project footprint for each of the three parks has been finalised as an outcome of a collaborative process between RUMSL, technical and environmental consultants as well as the World Bank as a lender and IFC as transaction advisor. in coordination with district representatives of the MP Revenue and Land Reforms Department. Each ESIA for the solar parks outlines the approach and criteria adopted to optimize the land and natural resources requirement, along with corresponding changes in the land requirement:
Technical feasibility criteria;
Preference to maximise land area for the park, currently under government ownership;
Avoidance of settlements and habitation areas; and
Minimizing the requirement of land currently under private ownership (private land and/or pattaland).
While this section provides a summary at the project level, the individual Volumes for each Solar Park provide further details specific to the park in terms of land requirement, procurement status and any sensitivities associated with the land identified and the Project Affected Entities in each Park.
2.1 Project Footprint Optimization
One of the critical steps in the overall project planning was the identification and optimization of the project boundary in order to ensure maximum avoidance of land used for agriculture and habitation in Project villages. A review of the project boundary maps and analysis of the total land footprint across sites indicates that government land has been preferred and/or maximised within the optimized project footprint. ERM worked with RUMSL and the technical consultants to help optimize the project boundary for the solar parks. Certain exclusion/avoidance principles for impact minimization were followed during the procurement process, as listed below:
Habitat clusters on government land has been avoided, and where not possible separate accessto such clusters will be provided;
Areas of dense vegetation on government land has been excluded;
Isolated land parcels, identified for allotment in the early stages have been avoided from anoverall project feasibility and designing criteria to ensure contiguity of the solar park land parcel
This optimization process has been conducted over numerous rounds since the initial planning of the project and has been discussed in detail in the ESIA for the solar parks as well as the four (4) project specific RAP and LRP documents (Volumes IIA-D).
2.2 Land Requirement for the Project
2.2.1 Solar Park Sites
Based on the land identification and optimization process, the following land requirement has been identified for the project. This land take has evolved over the course of the project lifecycle. It should be noted that the land requirement for the project is presently being finalized and may change slightly based on total land availability and consent of the land owners/patta holders to sell the land.
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Table 2.1 Land Requirement Summary for the Project
Aspect Neemuch Solar Park Agar Solar Park Shajapur Solar Park
Capacity of Solar Park 500 MW 550 MW 450 MW
No. of Units Unit 1, 2 and 3 Unit 4- Susner; Unit 5-
Agar
Unit 6 and 7- Moman
Badodiya; Unit 8- South
Shajapur
Total Land Area 1065.73 1398.08 987.16
Total Government land 962.49 1273.38 898.06
Total Patta Land 81.72 0 5.15
Total Private Land 21.44 133.71 88.25
Source: RUMSL, January 2021
The volume 2 for each of the solar parks provide further details at the unit level.
2.2.2 Power Evacuation
Eight (8) transmission line segments will evacuate the power generated across their respective eight (8) units up to two ISTS substations that will be developed by PGCIL. It is understood that thesetransmission line segments will have a capacity of 220 KV. PGCIL will manage the power evacuationfrom the two ISTS substations up to the national grid. Information available on the eight (8)transmission line segments is provided subsequently. The TL route has been identified and the,understanding of land ownership is based on cadastre records made available by RUMSL.
Table 2.2 Power Evacuation up to PGCIL Substations
Transmission
Line Segment
Length
(Km)
Number of
Towers
Total Land in Ha
(Tower Area in
bracket)
Total Private
Land (ha)
Number of Villages
(Overlap with Park)
Neemuch Solar Park
TL1 3.32 11 4.32 (0.15) 1.02 4 (1)
TL2 1.57 6 2.06 (0.08) 1.22 2 (2)
TL3 2.51 11 3.26 (0.15) 1.8 1 (1)
Agar Solar Park
TL 4 1.21 4 1.57 (0.06) 1.2 3 (3)
TL 5 29.32 91 38.08 (1.31) 26.71 20 (3)
TL 6 6.675 24 8.66 (0.35) 6.61 3 (3)
Shajapur Solar Park
TL 7 16.46 53 21.41 (0.76) 18.23 12 (2)
TL 8 65.48 200 96.45 (2.88) 71.26 44 (3)
The right of way of the transmission line segments and the indicative tower footprints are being determined. Avoidance measures for the TLs are discussed in Volume 2(D)
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2.3 Land Procurement and Transfer
The land procurement process for the Solar Park commenced in 2016-17, the section below outlines the brief procurement process to be followed for each type of land identified in the project area.
2.3.1 Process for procurement of Government Land for the Solar Parks
2.3.1.1 Allotted Government Land
As summarised in Section 2.2, the respective District Collectors allotted government land for use by the project in accordance to the Madhya Pradesh Solar Policy, 2012 and taking into account the relevant procedural provisions of the MP Land Revenue Code, 1959 (as amended). Permission has been granted for permanent use to RUMSL. The transfer of rights will be undertaken once the allotment is finalized and approved by the Superintendent of Land Records (SLR) of the district.
2.3.1.2 Exclusion of Nistar Rights
As reported by RUMSL, the diversion of unoccupied land has taken into account the safeguards provided under Section 234-237 of the MP Land Revenue Code (1959). As per the provisions of Section 237, when it becomes indispensable to divert unoccupied land for such development and infrastructural projects which are owned or approved by the State Government, the Collector, after satisfying himself on the alternatives available and also on obtaining land of equivalent area for fulfilling the same nistar rights from the concerned project, may divert the land for such purposes by passing a reasoned order to this effect. Based on this RUMSL has confirmed that all land with Nistar rights had been excluded from the allotted land.
As the Nistar Patrak and wajib-ul-arz, from the SDO was not available15, this could not be verified. On the issue of Charnoi land, as per law (Section 236 of the MP Land Revenue Code, 1959 as amended), RUMSL is committed to leaving at least 2% of charnoi land for each village from where it is taking government land. In cases where Charno/Chargah land has been allocated to the project, it is understood that the Revenue Department has done this, while ensuring that at least 2% of agricultural land in the village as designated grazing land remains. In cases where this 2% was not being maintained, it is understood that the District Collector will identify classify additional land for grazing to ensure that the minimum requirement as per the Code is maintained.
Consultations with the Superintendent of Land Records and Tehsil Administration (for Neemuch and Agar) and the District Collector (for Shajapur) as well as village-wise revenue officials or patwaris indicated that the district administration will ensure that these provisions (regarding Charnoi land or nistar rights) will be implemented. Further details on grazing from a baseline, impacts and mitigation perspective is provided in Appendix E.
2.3.1.3 Additional Government Land
Further to the optimization exercise, additional parcels of government land has been identified which will need to be allotted through the Collector with the above avoidance criteria and/or exclusion of Nistar rights process. Similarly, for certain sites, any allotted government land that may no longer be required may also need to be formally notified to the respective District Collectors.
2.3.2 Private Land and Patta Land
Review of the project boundary maps, khasra wise maps and discussions with the RUMSL team indicates private land has been identified wherever there has been a shortfall of government land, or if the current land use of the government land parcels had to be maintained towards grazing and other
15 Village surveys and household surveys during the resettlement surveys have tried to obtain the community’s view on the location of such areas and this understanding has been taken forward for the Grazing management plan
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nistar rights. The optimized land footprint across all three solar parks has minimized the requirement of private and patta land and the current private and patta land area for each of the solar park is mentioned below:
Neemuch Solar Park – 3.33% of private land and 8.23% of patta land;
Agar Solar Park – 9.5% of private land and no patta land; and
Shajapur Solar Park – 10.1% of private land and 0.52% of patta land.
Private land parcels for the project is proposed to be procured under the provisions of the MP Consent-based Land Purchase Policy (2014) dated 14 November, 2014. Under the policy, the District Collector, will undertake the purchase of suitable private land for the project, in the manner as prescribed in the Policy.
Should any private land be required for temporary use outside the project footprint, e.g. during the construction phase, the same will be taken on lease based on negotiations with landowners and specific commitments on restoration as documented in a lease agreement. However, the exact nature , size and locations of temporary land requirement has not been established yet. According to the discussion with the project team, to the extent possible, the temporary land requirement for the construction phase will be accommodated within the identified project footprint.
2.3.2.1 Overview of the MP Consent-based Land Purchase Policy (2014)
The process under the MP Consent-based Land Purchase Policy, 2014 is summarised as follows:
The Designated official from the Department/ Enterprise (in this case RUMSL) will submit anapplication to the collector for the purchase of the land as per the MP Mutual Consent LandPurchase policy 2014. RUMSL to undertake land survey and demarcate the land to be acquiredand submit the information to the District Collector for verification;
The application would include the following particulars:
- Name of the project and purpose’;
- Area of the land proposed to be purchased;
- Details of budget availability with the Department/ Enterprise for the purpose of landpurchase for the project, as assessed, based on the Policy;
- Land details (survey number, plot number, nazool sheet number, area, village, tehsil andmap)
- Land owner details;
- Estimated land value based on the prevailing market rates, also known as the CollectorGuideline Rate;
- Estimated value of the assets available on the land
- Any other details which Department/ Enterprise would like to provide;
In case of land requirement for the purpose of the infrastructure and development projects ofvarious projects and enterprises of the state government, the collector will firstly allocate suitablegovernment land available as per the established rules.
The District Collector (DC) identifies private land parcels (only after government land optionshave been exhausted);
Private land to be identified and shortlisted. The rate for the same to be decided, based on theguidelines issued by the District Collector’s office;
The District Collector after receiving the application from the concerned department/ enterprise:
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- Will require the Tehsildar to submit a report ascertaining claims over the land and whetherthe land title is clear or not. A team from the district and the tehsil visit the parcel andundertake an inventory of the assets thereon;
- The District Collector will also ask the concerned departments (Forest, horticulture, Publicwork s dep to measure the assets, as relevant (house, well, trees boundary wall, etc) andundertake the valuation of the assets.
- As per the guideline, the land value (double the district level official market rate which istechnically known as the Collector Guideline Rate plus a one-time Solatium) and the assetvalue (double the value of the asset assessment) will together form the final value to beoffered to the sellers
After verification of land use of the private land parcels, if the DC feels that the land is suitable forpurchase, then the collector office submits a “Bhoomi Kray Prastav” or an Initial Offer to the landowner which has the proposed price. After being notified through the Bhoomi Kray Prastav(prastav), the landowner has 15 days to provide consent. This timeline can however be extendedby the DC as per need.
In addition to providing the (first) consent, the land owner will also need to provide an undertakingthat the land is free of any litigations and/or encumbrances (sahmati patra); and in case there areencumbrances or other claims, the land owner will provide all the necessary details to the DC.
After the undertaking has been received from all landowners, the DC to publish a PublicNotification to raise any concern, within a timeline of fifteen (15) days from the date of publicationof notification. The publication to be published in a local newspaper, and available with thePanchayat or an equivalent village level administration office, Tehsil office and the DistrictCollector’s Office;
If any objection is received regarding ownership disputes of the identified land (defective title), orregarding the compensation amount, the land procurement would not proceed. In case of noobjections are received, the DC will allow the land purchase to proceed;
After seeking land owner and public consent, the payment of the consideration amount to theland seller should be completed within one year from the date of consent provided by thelandowner. Any expenses pertaining to the land registration such as stamp duty, registration costwill be borne by the concerned government Department/ Agency;
After the registration, the Mutation process (to update the land records) will be completed in thename of the MP government and the name of the concerned department/ agency will also bementioned;
In case the proposed project for which the land is purchased fails or does not move forward forany reason, the concerned Department/ Agency will transfer this land to the RevenueDepartment, and Revenue Department will be free to give it for any other project, as required.
Any Government land given on patta for agriculture by the Government will be treated like privateland for the purpose of seeking consent and payment of the purchase price to the patta holder.
The required private land for the Project M/S RUMSL will hold ownership of all such private landparcels and sign sub-lease agreements with Solar Project Developers.
2.3.2.2 Review of the Nature of Land Procurement/Transaction
In accordance to IFC PS 5, resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement. This occurs in cases of (i) lawful expropriation or temporary or permanent restrictions on land use (i.e. land acquisition) and (ii) negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller
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fail. Should the seller have the right to refuse the buyer, the transaction is considered as willing buyer and willing seller.
Among the good practice guidelines and international standards applicable for the project, i.e. the ESMF (2017); World Bank OP 4.12; and IFC PS 5 (2012); the latter also specifies the requirements that are to be met for a transaction to be considered as willing buyer and willing seller and therefore voluntary:
The client must not have the option of compulsory acquisition;
Land markets or other opportunities for the productive investment of the sales income exist;
The transaction took place with the seller’s informed consent; and
The seller was provided with fair compensation based on prevailing market values.
If a transaction is assessed to be voluntary in nature, the requirements of IFC PS 5 (2012) and associated safeguards (such as the provisions of the ESMF) will not trigger as the transaction will not lead to involuntary resettlement.
The following table summarises the review of the MP Consent-based Land Purchase Policy (2014) to the requirements for a transaction to be considered as voluntary:
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Table 2.3 Key Observations on the MP Consent Land Policy, 2014
Requirements Observations Inference
Option of
compulsory land
acquisition
■ The right of the land owner to negotiate the “bhumi kray prastav” and/or refuse is not implicitlymentioned in the policy. If the land parcel has more than one owners, the policy does notprovide an understanding of the implications of one only one party (among multiple titleholders)consenting;
■ There is no mention in the format of the prastav or sahmati patra on options for the land ownerto object either to the price offered or to the proposal in its entirety;
■ Similarly, should the titleholder(s) not provide their consent within the 15 day period, is notstipulated what the government can or cannot do, which, by implication, leaves the option ofland acquisition open;
■ It should be noted that the current private/patta land parcels have been identified based on along drawn optimization process and in recognition of the feasibility of all available land parcels.Thus, at this stage, RUMSL’s options of identifying alternate land parcels should one or moreland owners not provide their consent is assessed to be limited;
■ As stated by RUMSL and based on discussions with local authorities from the Agar, Shajapurand Neemuch revenue departments; it is understood that expropriation and/or formal landacquisition can be triggered in the case of any land parcels that are sub judice and for parcelswith co-owners where there may not be a unanimous consent.
■ It should be noted that as of October 2020, Madhya Pradesh is yet to issue a gazettenotification on the applicability and implementation of the entitlements of LARR, 2013. TheGovernment of Madhya Pradesh published the Madhya Pradesh Right to Fair Compensationand Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015 on 3rdSeptember 2015. These rules specify the process to carry out Social Impact Assessments (SIA)through district authorities and bring in references to the MP Land Revenue Code, 1959.
With respect to the Policy provisions, it is
assessed that:
■ The Policy in itself does not seem tohave sufficient safeguards to ensure thatcompulsory land acquisition will not betriggered if the initial offer is not acceptedby the seller;
■ The feasibility of RUMSL identifyingalternate land parcels and providingaccess to excluded land parcels, or thefeasibility of doing so, is not knowndefinitively.
Should land owners refuse to consent, as
optimization and layout finalisation has
already been undertaken, the option of
excluding these parcels with adequate access
provisions and safety set-backs is not
feasible.
RUMSL has confirmed that expropriation may
be triggered in certain cases. It can thus be
inferred that RUMSL will have the option of
compulsory land acquisition even if it intends
to procure the land through the MP Consent-
based Land Purchase Policy (2014). It is also
surmised that should compulsory land
acquisition be triggered, the process will be
as per the Madhya Pradesh Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Rules, 2015.
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Requirements Observations Inference
Land markets or
other opportunities
for the productive
investment of the
sales income exist
■ While each site/tehsil within which the solar parks are located have their own transaction andland market context, in general while there are opportunities for the productive investment of thesales income; there are limited to the purchase of land, investment into other assets such asshops and/or equipment, livestock etc;
■ While land transactions on agricultural land were reported across projects, in the case ofNeemuch: land transactions through lease deeds with crushers and local quarries are reported;in the case of Agar: the local community is aware of productive investment opportunities due toland transactions associated with wind energy projects. Furthermore, due to the constructionsmall dams in the villages of Ladwan, Karwa Khedi and Dudhpura there is a history of landprocurement for government projects; in the case of Shajapur as well, land transactions throughlease deeds with crushers are reported;
■ There is also a trend of informal patta holders who have purchased patta land parcels from theoriginal allottees without any documentation for the same- this not only not recognised as alegal transaction or transfer of ownership, it violates the terms of the allotment of the patta,wherein, onward sales are grounds for cancellation of the patta;
■ As the local community is aware of the project and the broad timelines, there are alsoexpectations on local economic opportunities linked to the requirement for resources, localcontracting and local materials procurement.
Consultations during the ESIA and
subsequently the village profile undertaken for
resettlement surveys indicate that the
prevailing market value of land is close to the
official Circle Rates which are updated every
year based on identified valuation guidelines.
.
Seller’s informed
consent and
general principles of
ICP
While the policy is based on obtaining written consent from the land owner after giving information
such as the intended use of land, the valuation and market price considered; the following gaps are
noted:
■ The policy does not mention any prior notice to the private land owner to inspect the parcel andundertake the inventory before issue of the Bhoomi Kray Prastav;
■ The policy and the accompanying templates do not have any provision on recourse for the landowner to not accept and/or consent within the 15 days period.
■ The engagement mechanism for the first consent (including the land owner’s right to refuse)and how people are to notify any claims for the public consent is not mentioned;
■ The titleholder(s)’ recourse to engage and negotiate with the district authorities has not beenprovided.
■ However, in case of the public consent process, the policy explicitly mentions that parcelswithout clear title (based on claims during the 15 day public consent process) will not beconsidered;
Thus, the policy does not clearly articulate informed consultation and participation safeguards in
terms of a formal notification process, ongoing mechanisms for consultation and negotiations and
the availability for a grievance mechanism.
It is understood that RUMSL will implement
the land procurement process (in coordination
with district authorities) in accordance to the
principles of the Stakeholder Engagement
Plan and Grievance Redressal Mechanism.
Thus, there will be an opportunity to integrate
process elements that are aligned to the
principles of ICP as provided in the SEP-
GRM.
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Requirements Observations Inference
The seller was
provided with fair
compensation
based on prevailing
market values
For land and asset valuation, the DC issues a guideline at their discretion. The policy does not make
explicit the valuation process and principles (e.g. provisions under LARR, 2013) that need to be
used for the land and asset valuation by respective departments. Under the Consent Policy, the
proposed price for the private/patta land is: “land value + valuation of assets” given twice – no other
allowances are provided. It should also be noted that Section 3 of the Policy states that the valuation
of land will consider the prevailing rate as of the “day of the sale of the private land”; indicating that
the DC will consider the prevailing market rates. It is thus assumed that the definition of market
value will consider the provisions of the MP Land Revenue Code (1959), which defines market value
as the value of land assessed according to guidelines issued by the Collector under the Madhya
Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha. Unka Punrikshan Niyam,
2000 made under the Indian Stamp Act, 1899 (see Appendix A for a review of the Act) or MP Market
Valuation Principles Act, 2000 (as amended in 2018). A review of these Rules (Appendix B)
indicates that for the valuation process a committee with representatives across line departments is
formed to update the prices annually. However, certain gaps include:
■ The assessment of structures takes into account depreciation;
■ No specific principles are given to ascertain how assets such as crops and trees will beevaluated. It is assumed that the committee set up considers inflation rates and local marketprices; ;
The specific methodology adopted by the
District Collector and principles are likely to
be in accordance to the MP Market Valuation
Principles, Act, 2000 (as amended in 2018)
and the guidelines16 . As the land
procurement process is yet to commence, the
applicable rates are not known to ensure
replacement cost and hence, the RAP&LRP
recommends certain principles that may be
followed.
In view of the applicability of the ESMF, it is
understood that RUMSL will be able to work
with the District Collector to align the
valuation principles to ensure the provision of
replacement cost.
16 https://mpigr.gov.in/MarketValueGuideline2020-21.html
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Based on a comparison with the criteria for voluntary land transactions, it is assessed that the overall private and patta land procurement can be considered as a negotiated settlement in accordance to IFC PS 5, i.e. in which the buyer (RUMSL through the Government of Madhya Pradesh) can resort to expropriation or impose legal restrictions on land use if negotiations with the seller (private and patta land owners) fail.
2.3.2.3 Trigger of WB OP 4.12 and IFC PS 5
The allotment of government land for the project implies restrictions on land use for the local community across 25 villages. These restrictions on land use will entail impacts on livelihoods of the local community in view of loss of access to natural resources, such as grazing land. In addition, as the procurement of private and patta land is considered as a negotiated settlement; the impacts from the land requirement are considered as involuntary.
Therefore, government land allotment and private land procurement, trigger involuntary resettlement and therefore safeguards of the World Bank’s OP 4.12 and IFC PS 5 on Land Acquisition and Involuntary Resettlement are applicable.
2.4 Procurement of Easements for the Transmission Line
The indicative area required for the tower base for the transmission line will be approximately 144 m2 depending upon the tower type (i.e. angle tower, suspension tower etc.) and the right of way corridor up to the inter-state transmission substation (ISTS) that will be established in Neemuch and Agar by PGCIL will be 13 m (i.e. 6.5 m on either side of the centre line). While PGCIL has finalised the route of the power evacuation corridors across the projects, the design specifications, tower design requirements and any specific location where underground cabling may be required is currently being finalised.
It is assessed that easements for the tower footprint and overhead transmission line corridors will be procured in accordance with the Indian Telegraph Act, 1885 (as amended) and the Electricity Act, 2003. In accordance to these regulations, the tower footprint and right of way will not be acquired and/or procured and ownership will be retained with the titleholder. With respect to procurement of easements for the tower footprint and right of way, following the issue of Ministry of Power Guidelines in 2015 for lines above 33kVA and as per a specific notification of Government of Madhya Pradesh17, due to restriction of land use, compensation at the rate of 85% of land value would be paid to land owners for tower base area. For RoW, compensation at the rate of 15% of land value would be paid to land owners towards diminution of land value in the width of RoW Corridor (ibid). It is understood that this would be the base or the minimum to be considered for the negotiation should specific land owners not agree.
At the time of construction and stringing, should there be any damage to land and assets thereon (including trees that need to be felled for height restrictions), Section 67 and 68 would apply and it is assessed that the compensation for crops, trees to be felled and any other assets damaged during construction would be on the basis of prevailing market prices.
The impacted landowners will retain the legal right over the land and will have the right to use their land for agricultural or other purposes (except purposes like construction of structures and planting of trees, which are not allowed). The compensation determined in accordance with the stated regulatory framework (ibid) will be provided at three stages, namely:
- During the excavation work for laying the tower;
- During the time of tower erection; and
17 Guidelines of ROW for Transmission Line project, Dated 01 April 2019, SL- 16-13-/2017/7/2, Madhya Pradesh Revenue Department
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- Power lines are strung out between the towers.
2.5 Land Transfer
Subsequent to completion of government land allotment formalities and the procurement of private and patta land, RUMSL will have a back-to-back sublease agreement with each of the Solar Project developers that are selected as a part of the tender/bidding process. Once the sublease agreement is signed, the Solar Project developers would be responsible for development of solar project as per the agreed terms of the lease, on the allotted land parcels.
2.6 Potential Impacted Entities from Land Procurement
Section 3 of the individual solar park volumes provide a detailed understanding of the entities identified as impacted due to the land take for the project. This includes the private and patta land holders, and the informal users (encroachers and squatters) who were assessed as dependent upon the project land for their residence or livelihood. Section 6 of the individual solar park volumes provide a detailed assessment of the impacts from the land take for the project
The project footprint across the three solar parks is spread across 25 villages. The land procurement of government, private and patta land parcels is assessed to result in an impact on the following assets:
Residential structures on private, patta and government land
Other immovable structures which include storage shed, agricultural shed, greenhouse, cattleshed, water stall for animals, wells, etc. this also includes salvageable fixed assets toilet, wirefencing with stone/wooden poles, and pipeline.
Agriculture land and Standing crop on the land parcels impacted, including the government landthat is encroached/squatted upon
Timber (inclusive of fodder) and Fruit trees
Commercial assets such as small shops and stone quarries
Common property resources such as grazing land and water bodies
Cultural resources such as small temples, trees of religious significance and other constructedstructures,
As part of the RAP&LRP surveys, these impacts were assessed and the project affected households (PAHs) and entities (PAEs) were identified. The following tables provide a summary of the PAEs and PAHS identified and surveyed (through land and asset and HH surveys) in the respective solar parks.
Table 2.4 Overview of Impact Categories
Aspects Neemuch Agar Shajapur Transmission Line
Project Affected Villages 3 villages 11 villages 11 villages 89 villages
Total Number of PAH 225 263 364 1948
Total Informal Users 82 77 281 65
Sub Total Physically and Economically Displaced PAH
24 01 18 0
Sub Total Economically Displaced PAH
202 262 346 1948
Number of Surveyed PAH Households
126 96 307 690 (based on 35 percent sample)
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PROJECT FOOTPRINT AND PROCUREMENT PROCESS
Aspects Neemuch Agar Shajapur Transmission Line
Number of households that refused survey or are absentee households
98 167 57 NA
For the solar park, the impacts have been categorized on the basis of their land ownership and land usage as follows:
Private land owner: Private land owners are one who have their ownership backed by land- titledocuments and have legal claims over the given land parcel.
Patta land-owner: Patta land owner is an entity who himself/ or his ancestors, were grantedgovernment land after being identified them as a landless household, under special provisions ofthe State government (understood to be in the 1970s-80s and thereafter in the late 1990s-2000sbased on state government orders). The patta land-owner has legal claim over the allotted landbut with some restrictions, imposed by State government. A key restriction is that it cannot besold without District Collector’s permission. It is understood through site consultations thathouseholds from landless and backward communities (SCs and STs) were granted Patta Land.
Informal patta buyer: The informal buyers of patta land from legal patta owners. The informalpatta buyers do not have any legal right or claim over the purchased patta land and thetransaction is carried out without any legal documentation and documented change in theownership/ land records.
Informal use of government land as follows:
- Encroachers on government land by titleholders that have encroached upon available landadjoining their land parcels;
- Squatter on government land: Squatters are the informal users18, who have occupied areasof government land for their use, i.e. for agriculture, structures, commercial purposes etc. andthey do not have any legal claim over the occupied government land
Household on “Awaas Patta” allocated by Gram Panchayat: The owners of “Awaas Patta”are given a government land by panchayat to construct their house along with a document/ letterfrom GP stating their permission to the respective “Awaas patta” owner.
For the transmission line, impacts have been categorised as follows:
Private and patta land owners with land parcels of over 0.1 ha (or 1000 m2) who will be impactedby land use restrictions;
Private and patta land owners with land parcels less than 0.1 ha (or 1000 m2) who may berelatively adversely impacted or differentially impacted as compared to the above categories;
Land users who may be economically displaced due to their cultivation of land under towerfootprint (private/patta and government land).
18 Person or group of persons recognized by custom, unwritten rules, or other socially accepted processes as holding certain ownership or rights over an asset or resource, although these usufruct rights are neither formalized in a legal document nor officially registered
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APPLICABLE REFERENCE FRAMEWORK
3. APPLICABLE REFERENCE FRAMEWORK
The development of the RAP&LRP (and its eventual implication) is aligned to the following reference framework:
The local administrative structure and applicable regulations on land purchase, compensationand resettlement for permanent land purchase and right of way for the transmission line;
The IFC Performance Standard 1 on social and environmental management systems,Performance Standard 5 on Land Acquisition and Involuntary Resettlement (and IFC PS 8 onCultural Heritage as appropriate);
World Bank Group’s Operational Policy 4.12, dated December 2001 and revised in 2013
Indicative resettlement policy framework (RPF) proposed as a part of the Environmental andSocial Management Plan Framework (ESMF), 2017 which includes provisions of the Right to FairCompensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, 2013
The Appendix C provides an understanding of the administrative structures in Madhya Pradesh, specifically pertaining to land management and the key legal and international standards. This section undertakes a mapping exercise of the legal provisions against the international standards applicable to the project. This thematic mapping exercise in turn helps inform the resettlement planning process in terms of the entitlements to be included and the implementation process.
3.1 Summary of Applicable Regulations and International Standards
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APPLICABLE REFERENCE FRAMEWORK
Table 3.1 Summary of Applicable Regulations and Safeguards
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
State-specific and Central Regulations on Land Procurement and Diversion of government land
MP Land Revenue
Code, 1959 (as
amended)
This Act provides guidance on the evaluation of land and assets impacted;
According to this Act, "Market Value" means the value of land assessed according to guidelines
issued by the Collector under the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya
Jana Tatha. Unka Punrikshan Niyam, 2000 made under the Indian Stamp Act, 1899
Chapter 18 of the Act puts in place the provisions for the declaration of Nistar rights by the Sub-
Divisional officer, for each village. The Nistar Patrak may include matters such as:
■ Terms and conditions on which grazing of livestock in the village may be permitted■ The terms and conditions on which and the extent to which any resident may obtain
- Wood, timber, fuel or any other forest produce
- Mooram, kankar, sand, earth, clay, stones or any other minor mineral etc.
The Wajib-ul-arz document, also with the Sub-Divisional Officer, is a record of customary land on
non-vacant land- rights suck as easements and wayleaves, rights of water use for irrigation, fishing
etc.
The code also allows for the Collector to set apart unoccupied land for uses including timber and fuel
reserve, pasture grass bir or fodder reserve, gaothan, encamping ground, threshing floor etc.. (refer
to Appendix D for further details)
This code has guided the overall government
land allotment process, specifically the
avoidance of allocation of any land under
Nistar Rights. The Code also puts down the
provisions and protocols for those holding
Bhoomiswami rights on Patta land.
MP Consent –based
Land Purchase
Policy, 2014
The government agencies requiring land for various infrastructure projects can procure land with the
mutual consent of the land owners as it saves time, ensure timely payment of land value to owners
and the procedures are less cumbersome. The objective is to purchase land from owners with their
consent and making them understand the social and economic benefits as a result of the project.
The policy will facilitate speedy procurement of land and the sellers will get the land and asset value
as per the provisions of the policy in a timely manner.
This Policy is relevant to the project as the
private and patta land procurement will be
undertaken in keeping with the provisions of
this Policy, including the process of consent
and valuation of land and immovable assets
The Right to Fair
Compensation and
Transparency in Land
This act is only planned to be used for private or patta land parcels that do not have clear titles or
have ownership disputes and/or who refuse the initial offer. All other private and patta land will be
procured using the MP Consent-based Land Purchase Policy (2014)
This Act will be applicable to the project in
case the project has to use expropriation for
the procurement of private and/or Patta land.
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
Acquisition,
Rehabilitation and
Resettlement Act
2013 and MP Rule
2015
The Section 45.1 and 45.2 of the Act require that in case the land for acquisition is => 100 acres for
a project for which the land is triggered; an R & R Committee will be formed, with the collector as the
Chairman. The purpose of the committee will be to monitor and review the progress of the
implementation of the R & R Scheme and to undertake post-completion audits in consultation with
the GS and municipalities.
The MP Rules19 put in place a process of SIA to be conducted and obtaining prior consent in
keeping with the provisions of the Act. The Act also requires a Rehabilitation and Resettlement
Scheme to be prepared within 30 days of completion of the land survey, which specifically needs to
indicate a time plan for the completion of all construction works including infrastructural
developments as per the scheme. The Rules and subsequent amendments refer to the land revenue
code in matters of definition, valuation process. The Amendment dated 29th September 2014, fixes
the multiplier factor for rural areas as 1
This Act has also served as a guiding
document for the identification of
entitlements and the market valuation for the
RAP&LRP
MP Market Value
Rules ” MP Bajar
Mulya Margdarshak
siddhanton ka
Banaya Jana Tatha
Unka Punrikshan
Niyam”
The MP Market Value Rules (see Appendix D) put in place a process of arriving at guidelines
/standards for market values for assets such as land, residential and non-residential structures
These Rules have helped inform the Market
Valuation process as part of this RAP&LRP
The Electricity Act
and Indian Telegraph
Act, 1885
The Electricity Act and Telegraph Act define the compensation payable for damages to crops/ trees
and structures along the transmission line route
These Acts and Guidelines are relevant for
the determination of the compensation to be
paid for the land impacted by the tower
footprint or falling under the RoW for the
transmission line for the project MoP Guidelines for
Payment of
Compensation
Guidelines for payment of compensation towards damages in regard to Right of Way for
transmission lines. The guidelines have proposed compensation to be paid for the base area in
between the transmission tower (between four legs) and towards diminution of land value in the
width of the RoW corridor due to laying of transmission line @ 85 % and 15 % respectively of the
19 http://www.bareactslive.com/MP/mp920.htm#17 http://govtpressmp.nic.in/pdf/part-1/2014-10-03-40.pdf
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
Towards Damages in
regard to RoW, 2015
land value as determined by the District Magistrate or any authority based on circle rate/ guideline
value/ stamp value/ stamp act. This is further reiterated in the Government Order dated 1st April
2019 issued by the Government of Madhya Pradesh notifying these guidelines and payment
milestones.
Relevant International Standards and Guidance
World Bank
Operational Manual
4.12 – Involuntary
Resettlement
The policy includes safeguards to address and mitigate the impoverishment risks of involuntary
resettlement under development project. The key requirements of manual are:
Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable
alternative project designs;
Where it is not feasible to avoid resettlement, resettlement activities should be conceived and
executed as sustainable development programs, providing sufficient investment resources to
enable the persons displaced by the project to share in project benefits. Displaced persons3
should be meaningfully consulted and should have opportunities to participate in planning and
implementing resettlement programs; and
Displaced persons should be assisted in their efforts to improve their livelihoods and standards of
living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior
to the beginning of project implementation, whichever is higher
This Policy is applicable to the Project and
has informed the assessment of impacts and
identification of Entitlements and
development of the implementation plan for
the same
World Bank
Operational Policy
4.10 on Indigenous
Peoples
The Bank recognizes that the identities and cultures of Indigenous Peoples are inextricably linked to
the lands on which they live and the natural resources on which they depend. For the purposes of
this policy, the term “Indigenous Peoples” refers to a distinct, vulnerable, social and cultural group
which possesses characteristics (i.e. self-identification, collective attachment, customary institutions
that are separate from those of the dominant and an indigenous language).
Any projects proposed for Bank financing that affects Indigenous Peoples requires:
■ Screening by the Bank to identify whether Indigenous Peoples are present in, or have collectiveattachment to, the project area;
■ A social assessment by the borrower;
The project impacts land under private title
(private and/or patta land) of scheduled tribe
communities. However, this aspect is
assessed and addressed in accordance to
OP 4.10.
A distinct Indigenous Peoples Plan (IPP) and
a consultation process to disclose the same
will need to be undertaken. As a part of the
safeguards documentation, an IPP as well as
an approach note for disclosure (OP 4.10)
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
■ A process of free, prior, and informed consultation with the affected Indigenous Peoples’ communities at each stage of the project, and particularly during project preparation, to fully identify their views and ascertain their broad community support for the project;
■ The preparation of an Indigenous Peoples Plan or an Indigenous Peoples Planning Framework; and
■ Disclosure of the draft Indigenous Peoples Plan or draft Indigenous Peoples Planning Framework.
and Free Prior Informed Consent (IFC PS 7)
has been developed up.
For the transmission line, impacts on
indigenous communities (in terms of their
presence and collective attachment to the
project’s area of influence) have been
assessed to be negligible as part of the FPIC
approach note.
IFC Performance
Standard 1
The PS 1 requires Social and Environmental Assessment and Management Systems for managing
social and environmental performance throughout the life cycle of this Project and runs through all
subsequent PSs. The main elements of PS 1 include:
A Social and Environmental Assessment to understand the social and environmental impacts
and risks;
A Management Program for mitigating the impacts and minimizing the risks identified in the
assessment;
Establishing and ensuring organizational capacity and requisite trainings to the staff to
implement the Management Program;
Adequate monitoring and reporting systems to measure and report the effectiveness of the
Management Programs.
The ESIAs and management plans including
the RAP&LRP have been development in
keeping with the requirements of this
performance standard.
IFC Performance
Standard 5
This Performance Standard puts in place various processes and systems to avoid/minimize the
social and economic impacts related to land acquisition and resettlement. Purely voluntary
transactions (willing seller-willing buyer of vacant or owner-occupied land) do not trigger IFC PS5.
Livelihood impacts not caused by land acquisition are covered by IFC PS1; reflected in IFC PS5 and
are incorporated into the RAP or, in the absence of any physical displacement, implemented through
a LRP.
The key requirements of IFC PS 5 relevant for this project include:
This PS is applicable to the Project as the
land procurement has been assessed as
negotiated settlement. There will be
economic displacement for Graziers using
the Government land for livestock grazing
and Agricultural labourers working on the
identified private Patta or occupied
(encroached or squatted upon) land parcels
that they do not have rightful claims on the
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
Avoid or at least minimize the involuntary resettlement wherever feasible by exploring
alternative project designs;
Mitigate adverse social and economic impacts from land acquisition or restrictions on affected
persons’ use of land by:
- Providing compensation for loss of assets at replacement cost; and
- Ensuring that resettlement activities are implemented with appropriate disclosure of
information, consultation, and the informed participation of those affected.
Improve or at least restore the livelihoods and standards of living of displaced persons; and
Improve living conditions among displaced persons through provision of adequate housing with
security of tenure at resettlement sites.
land. These economic displacement impacts
are also covered through the RAP-LRP.
The PS has informed the assessment of
impacts and identification of Entitlements and
development of the implementation plan for
the same
IFC Draft Good
Practice Handbook
on Land Acquisition
and Resettlement
(2019)20
The Draft for Consultation IFC Good Practice Handbook on Land Acquisition and
Resettlement (2019) provides a framework and methodology for planning and implementation
of resettlement program. This handbook is currently in draft stage, and will help in the
comprehensive implementation of PS 5. According to the Handbook, some key considerations
for the successful implementation of a resettlement program include the following:
- A good resettlement should, avoid and minimize physical and economic impacts at all
stages of project design, starting with site selection
- Consider livelihood restoration and enhancement as a key driver for resettlement site
selection in situations where physical displacement is unavoidable
- Early start of stakeholder engagements- and keeping them regularly informed and updated
of the process
- Gender and vulnerability aspects of the community are to be mainstreamed in every step of
planning and implementation process of resettlement
This handbook supplements the PS 5
requirements and provides guidance in terms
of the comprehensive implementation of the
requirements under the PS. This handbook
has informed the development of the
implementation plan for the RAP&LRP
20 https://www.ifc.org/wps/wcm/connect/74f457f6-ddf7-44ec-87bb-fed991b978fc/Draft_Resettlement+Handbook_Disclosure_March132019_Final.pdf?MOD=AJPERES&CVID=mBUIKCf
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
- Establish, and then publicize the Grievance Mechanism (GM) to coincide with the actual
start of site activities
- Where a project affects critical cultural heritage, or where cultural heritage impacts are
significant, the project may need to prepare a cultural heritage management plan.
Specific guidelines for Renewable Energy sector projects:
- Developers of renewable energy projects are expected to be able to purchase land in
wiling-buyer-willing-seller transactions.
- .However, the RAP/LRP type planning approach is to be utilized even if willing buyer-willing
seller transactions are executed.
- It is preferable to adopt a RAP/LRP approach, including Stakeholder Engagement (SE) and
negotiations around compensation rates and other benefits at community level.
- Avoid haphazard bargaining. Consider providing a reasonable premium to land owners
within a set time period, as long as transaction process is transparent.
- As per normal RAP/LRP process, land owners or land users significantly impacted
(economically displaced) should benefit from livelihood restoration activities
IFC Performance
Standard 7
PS 7 recognises that Indigenous Peoples, as social groups with identities that are distinct from
dominant groups in national societies, are often among the most marginalised and vulnerable
segments of the population. The PS underlines the requirement of avoiding / minimizing adverse
impacts on indigenous people in a Project area, respecting the local culture and customs, fostering
good relationship and ensuring that development benefits are provided to improve their standard of
living and livelihoods.
The Standard acknowledges the possibility of vulnerability of indigenous people owing to their
culture, beliefs, institutions and living standards, and that it may further get compromised by one or
other project activity throughout the life cycle of the project
The project impacts land under private title
(private and/or patta land) of scheduled tribe
communities. However, this aspect is
assessed and addressed in accordance to
IFC PS 5.
A distinct Indigenous Peoples Development
Plan (IPDP) and a process to obtain free,
prior and informed consent (FPIC) has been
separately developed in order to mitigate the
following:
■ Land under traditional ownership and/orcustomary use by community groups
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APPLICABLE REFERENCE FRAMEWORK
Regulation and/or Safeguard
Description Relevance/Applicability to the Project
This PS requires the Project to establish and maintain an ongoing relationship with the IPs affected
by the Project through the life of the Project through an informed consultation and participation
process, which would include, when required, a Free Prior and Informed Consent (FPIC) of the IPs.
that are assessed to be indigenous peoples in specific locations across the three solar parks;
■ Differential land and natural resourcebased impacts to tribal communitieswithin three (3) of the 25 villages, i.e.Parsula (Shajapur), Ladwan (Agar) andBadi (Neemuch).
IFC Performance
Standard 8
This PS aims to protect irreplaceable cultural and religious heritage and to guide clients on
protecting such heritage in the course of business operations. PS 8 recognizes the importance of
cultural heritage with an objective to:
Protect cultural heritage from the adverse impacts of project activities;
Support its preservation; and
Promote the equitable sharing of benefits from the use of cultural heritage in business activities.
Under this PS, the project proponent is required to comply with relevant national law on the
protection of cultural heritage. Moreover, the client will identify and protect cultural heritage by
ensuring that internationally recognized practices for the protection, field-based study, and
documentation of cultural heritage are implemented.
IFC PS 8 is relevant for the project if the cultural sites of local significance and sacred groves that
have been identified for certain units for RUMSL’s consideration cannot be avoided and/or optimized
by excluding them from the project footprint.
This PS is relevant to the project as some
cultural sites of local significance, have been
identified, though none that are listed (of
national or state significance), within the
project footprint of all three solar parks. This
PS thus guides the management and
mitigation of the impacts on these sites.
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APPLICABLE REFERENCE FRAMEWORK
Table 3.2 Thematic Mapping of Applicable Regulations against International Standards
Theme Applicable International Standards Applicable National//State Policies, Acts, Rules and Guidelines Comparison/Review RUMSL Project Commitments
Minimize displacement by exploring
alternative project design
IFC PS
The client will consider feasible alternative designs to avoid
or minimize physical and/or economic displacement.
World Bank OP 4.12
The OP requires involuntary resettlement should be
avoided where feasible, or minimized, exploring all viable
alternative project designs.
ESMF (2017)
At the screening stage the Project will identify opportunities
for avoidance and/or minimization early in the project cycle
so that the design process can be informed appropriately
Policy for Implementation of Solar Power based Project in
Madhya Pradesh (2012)
For Parks to be developed on government land, they should
preferably be developed on revenue land that is barren, is non-
agricultural in use and non-forest land.
MP Land Revenue Code and MP Consent-based Land Purchase
Policy
The private land (patta land) is to be purchased only if government
land is unavailable/falling short of the requirement. Patta Land is to
be procured as a last resort.
RFCTLARR Act
The SIA to be prepared needs to clearly document whether the land
identified is for a public interest project, the absolute bare-minimum
extent needed for the project and whether land acquisition at
alternate place has been considered and found not feasible
Applicable national regulations have
certain safeguards; however these are
not consistently addressing avoidance
of impact and/or minimisation. Even
though certain regulations require
preference towards government land
allotment and minimizing private land
requirement, the provisions do not
cover a holistic assessment and
addressal of community-based
impacts, other than for the 2%
exclusion requirement of land under
nistar rights per revenue village. In
case the land diversion will result in
the reduction of the land to less than
2%, alternative land of equivalent area
shall be identified for fulfilling the
Nistar Rights.
As discussed in Table 2.1, the
project has gone through multiple
rounds of optimization in an effort to
avoid and minimize land and
natural-resource based impacts. .
As part of the project boundary
finalization process, one final review
will be done to avoid impacts in
terms of physical displacement,
community infrastructure and any
cultural sites identified.
Contractors will be required to
ensure that no additional land is
needed beyond what is procured
and/or allotted by RUMSL.
The seller shall be provided with fair
compensation for land based on prevailing
Replacement cost
IFC PS and World Bank OP 4.12
Compensation at Replacement Value and Timing of
compensation
In case of involuntary displacement, compensation for loss
of assets at full replacement will be provided, along with
other assistance to improve or restore their standard of
living prior to acquisition of the land. Possession of land will
be taken only after compensation has been made
available, and wherever applicable resettlement sites and
moving allowances has been provided to the displaced
persons in addition to compensation (with provisions for
exceptional individual cases).
ESMF, 2017
Compensation of land at Market Value
a) Land for land, if available. Or, Cash compensation for
the land at Market value, which will be determined as
provided under section 2621 of RFCTLARR Act 2013;
b) The land if allotted will be in the name of both husband
and wife;
MP Consent-based Land Purchase Policy and MP land
Revenue Code
Under the Consent Policy, the proposed price for the private/patta
land is: “land value + valuation of assets” given twice – no other
allowances are provided. It should also be noted that Section 3 of
the Policy states that the valuation of land will consider the
prevailing rate as of the “day of the sale of the private land”;
indicating that the DC will consider the prevailing market rates. It is
thus assumed that the definition of market value will consider the
provisions of the MP Land Revenue Code (1959), which defines
market value as the value of land assessed according to guidelines
issued by the Collector under the Madhya Pradesh Bajar Mulya
Margdarshak Siddhanton ka Banaya Jana Tatha. Unka Punrikshan
Niyam, 2000 made under the Indian Stamp Act, 1899.
MP Bajar Mulya Margdarshak siddhanton ka Banaya Jana
Tatha Unka Punrikshan Niyam, 2000
Under the provisions of the Indian Stamp Act, 1899 (Section 2), the
MP government formulated the Rules (2000) to constitute a
committee to decide the principles for market valuation of
immovable assets. There will be a board at the state level which will
have the following functions:
Based on the review of the applicable
national and state regulations:
Land valuation considers
prevailing market rates and the
applicable multiplication factor of
circle rates is a safeguard to
bridge any gaps;
The market valuation guidelines
suggest that the structure cost
will consider depreciation while
determining asset value;
There is no specific regulatory
reference to defray any
transaction costs for land
purchased using the payment
amount received
Guidelines to value crops and
trees are understood to be at the
collector’s discretion, basis a
valuation committee that is
formed. It is assumed that the
committee incorporates inflation
RUMSL will work with the District
Collector to align the valuation
principles to the proposed
entitlement matrix to ensure the
provision of replacement cost are
met as discussed in the International
standards, without depreciation and
taking into account prevailing market
rates and inflation rates as relevant.
Land access will be taken only after
the payment of compensation
21 The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely: - the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or- the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or- consented amount of compensation as agreed upon and the prior consent of at least eighty (80) per cent of those affected families, in case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher.
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APPLICABLE REFERENCE FRAMEWORK
Theme Applicable International Standards Applicable National//State Policies, Acts, Rules and Guidelines Comparison/Review RUMSL Project Commitments
c) If post acquisition, residual land is economically
unviable, the land owner will have the choice of either
retaining or sell off rest of the land;
d) Refund of stamp duty and registration charges incurred
for replacement land to be paid by the project; replacement
land must be bought within a year from the date of
payment of compensation to project affected persons;
.
Final decision on the rates, as received by the District
Valuation Committee;
Create benchmark rates for land, structures and other
immovable assets;
Regulate the rates of creation of structures, taking into account
the differences across regions
RFCTLARR Act
Market Value: The RFCTLARR Act, issued in 2013, requires the
payment of compensation for acquisition of land, for which the
multiplier for rural areas is 1.
Note: The collector shall adopt the following criteria in assessing
and determining the market value of the land;
The market value, if any, specified in the Indian Stamp Act,
1899 for the registration of sale deeds or agreements to sell, as
the case may be, in the area, where the land is situated or;
the average sale price for similar type of land situated in the
nearest village or nearest vicinity area; or
consented amount of combing acquired, ascertained from the
highest fifty percent of the sale deeds registered during the
preceding three years in the nearest vicinity of the land being
acquired whichever is higher.
Provided that the date of determination of market value shall be the
date on which the preliminary notification has been issued.
Solatium Value: Equivalent to one hundred percent of the market
value of land, multiplied by one for urban areas, and by a factor of
one/two for rural areas plus the value of trees and plants and other
immovable assets.
rates and local market prices
associated with any immovable
assets (e.g. crops, trees etc.);
The MP Consent Policy also
provides for the agreed price to
be paid within one year of
agreement registration. There is
no specific safeguard to confirm
that this payment will be before
land access/land possession, or
that interest will be paid if the
payment is delayed.
Resettlement and Livelihood Restoration
Planning (including preparation of a RAP and
LRP)
IFC PS and World Bank OP 4.12
Preparation of a Resettlement Action Plan in consultation
with the community and project authorities.
In the case of physical displacement(and economic
displacement), the client will develop a Resettlement Action
Plan that covers, at a minimum, the applicable
requirements of these standards regardless of the number
of people affected.
ESMF, 2017
In case the sub-project requires involves land acquisition
against compensation or loss of livelihood or shelter, the
client shall ensure that a satisfactory RAP has been
prepared under the ESA study and shared with the affected
person and the local community. The SPPD shall not start
the works until compensation and assistance has been
made available in accordance with the framework. For
RFCTLARR Act
The Administrator shall formulate, execute and monitor the R & R
Scheme to be developed under this Act
In case the land for acquisition is => 100 acres a R & R Committee
will be formed, with the collector as the Chairman. The purpose of
the committee will be to monitor and review the progress of the
implementation of the R & R Scheme and to undertake post-
completion audits in consultation with the GS and municipalities
There are no major gaps Identified in
the applicable regulations against the
international standards
RUMSL will prepare a RAP &LRP
for the project, in keeping with the
requirements of the Applicable
Reference Framework.
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Sub-projects thatl affect more than 200 people due to
involuntary land taking and/or physical relocation, a full
Resettlement Action Plan (RAP) must be produced.
Appropriate Information disclosure of
information, consultation, and informed
participation of those affected
IFC PS
Ensuring appropriate information disclosure of information,
consultation, and informed participation of those affected.
World Bank OP 4.12
The resettlement plan or resettlement policy framework
includes measures to ensure that the displaced persons
are:
■ informed about their options and rights pertaining toresettlement;
■ consulted on, offered choices among, and providedwith technically and economically feasible resettlementalternatives
ESMF, 2017
The Consultation process envisages involvement of all the
stakeholders’ at each stage of project planning and
implementation.
The mechanism of information dissemination should be
simple and be accessible to all. Two of the important
means that have been followed until now include briefing
material and organization of community consultation
sessions.
MP Consent Policy and MP Land Revenue Code
The policy is based on obtaining written consent from the land
owner after giving information such as the intended use of land, the
valuation and market price considered.
MP Land Revenue Code
Prior to MP Act No 23 of 2018 which amended MP Land Revenue
Code 1959, the diversion of Nistar land required a resolution of
Gram Sabha by a majority of not less than two thirds of the
members present and voting for any change in the entries in Nistar
Patrak or record additional unoccupied land under any entry in the
Nistar Patrak for fulfillment of further Nistar rights of villagers.
Diverting the un-occupied government land22 categorised as
grazing land that is recorded in Nistar Patrak (there may be other
grazing land available) and such other Nistar rights including the
right in fruit bearing trees and other trees in unoccupied government
land after the amendment in 2018 does not require any consent
process with concerned village community.
RFCTLARR Act, 2013
The provision of meaningful consultation is enacted in RFCTLARR
Act, which stated that the appropriate government shall ensure that
a public hearing is held at the affected area, after giving adequate
publicity about the date, time and venue for the public hearing, to
ascertain the views of the affected families to be recorded and
included in the Social Impact Assessment Report. And under the
provision of RFCTLARR Act, the draft Rehabilitation and
Resettlement scheme referred shall be made known locally by wide
publicity in the affected area and discussed in the concerned Gram
Sabhas23 or Municipalities.
Based on the review of the MP
consent policy, the following gaps are
noted:
■ The policy does not mention anyprior notice to the private landowner to inspect the parcel andundertake the inventory beforeissue of the Bhoomi KrayPrastav24;
■ The policy and the accompanyingtemplates do not have anyprovision on recourse for the landowner to not accept and/orconsent within the 15 days period.It may be assumed that consentis implied as a part of the BhoomiKray Prastav;
■ The engagement mechanism forthe first consent (including theland owner’s right to refuse) andhow people are to notify anyclaims for the public consent isnot clearly articulated
■ The titleholder(s) recourse toengage and negotiate with thedistrict authorities has not beenprovided;
■ However, in case of the publicconsent process, the policyexplicitly mentions that parcelswithout clear title (based onclaims during the 15 day publicconsent process) will not beconsidered;
Thus, the policy does not specify
informed consultation and participation
safeguards in terms of a formal
notification process, ongoing
mechanisms for consultation and
negotiations and the availability for a
grievance mechanism.
RUMSL will implement the land
procurement process (in
coordination with district authorities)
in accordance to the principles of
the Stakeholder Engagement Plan
and Grievance Redressal
Mechanism prepared for the project
and documented under the
Stakeholder Engagement Plan
(SEP) that is part of the ESIA with
additional safeguards mentioned in
Chapter 11.
To improve or restore the livelihoods and
standards of living of displaced persons
IFC PS
To improve or restore the livelihood and standards of living
of displaced persons.
RFCTLARR Act 2013
There is a detailed legal requirement to restore the livelihood of the
affected families under the RFCTLARR Act. The Second Schedule
No significant gap has been identified
as it is understood that even in case of
the MP Consent Policy, the provisions
of the entitlement matrix provided in
RUMSL will implement the livelihood
initiatives proposed to commit to
restoration of affected livelihoods to
at least pre-project levels
22 It should be noted that the un-occupied government land is a legal phrase used in the MP Revenue Code. From the site observations it is understood that there may be certain undocumented usage and dependence on these lands. 23 “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level 24 The tehsildar submits a “Bhoomi Kray Prastav” or an Initial Offer to the land owner which has the proposed price
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World Bank OP 4.12
Displaced persons should be assisted in their efforts to
improve their livelihoods and standards of living or at least
to restore them, in real terms, to pre-displacement levels or
to levels prevailing prior to the beginning of project
implementation, whichever is higher.
Preference should be given to land-based resettlement
strategies for displaced persons whose livelihoods are
land-based.
ESMF, 2017
The provision of livelihood restoration provided in ESMF
are highlighted below:
Preferable employment with developer;
Alternative livelihood options and training for skill
enhancement
CSR activities to be undertaken by developer will
ensure alternative livelihood opportunities
of RFCTLARR Act enacted that the appropriate Government shall
ensure that the affected families are provided with the following as
one of the livelihood restoration options:
where jobs are created through the project, after providing
suitable training and skill development in the required field,
make provision for employment at a rate not lower than the
minimum wages provided for in any other law for the time
being in force, to at least one member per affected family in the
project or arrange for a job in such other project as may be
required;
onetime payment of five lakhs rupees per affected family; or
annuity policies that shall pay not less than two thousand
rupees per month Per family for twenty years, with appropriate
indexation to the Consumer Price Index for Agricultural
Labourers
The MP LARR Rules (2015) as amended do not have any specific
requirements for livelihood restoration and thus the Second and
Third Schedule is deemed to be applicable. However, the Rules
have specified that for any physical displaced scheduled caste as
well as scheduled tribe communities (in Schedule V areas), a
separate development plan is to be prepared.
the ESMF 2017 will be concurrently
applied.
Provision of adequate housing with security
of tenure at resettlement sites for displaced
persons.
IFC PS
Improve living conditions among physically displaced
persons through the provision of adequate housing with
security of tenure at resettlement sites
World Bank OP 4.12
If the impacts include physical relocation, the resettlement
plan or resettlement policy framework includes measures
to ensure that the displace persons are:
■ provided assistance (such as moving allowances)during relocations; and
■ provided with residential housing sites, or, as required,agricultural sites for which a combination of productivepotential, locational advantages, and other factors is atleast equivalent to the advantages of the old site.
Loss of Structure
a) Cash compensation for the structure at Market value
which would be determined as per as per section 2925 of
the RFCTLARR Act 2013. House under Indira Awas Yojna
in rural area or INR 50000 in lieu off and house under RAY
in urban area or INR 100,000 in lieu off. The house if
allotted will be in the name of both husband and wife.
RFCTLARR Act 2013
Provision of housing units in case of displacement
For rural areas, a house shall be provided under Indira Awas
Yojana specifications.
For urban areas, a constructed house shall be provided with an
area of at least 50 sq. mts
The above benefits shall also extend to families without
homestead land but has been residing in the area for a
minimum period of three years preceding the date of
notification
In urban area, if the family opts out of the housing provided, the
household will get one- time financial assistance for house
construction of at least fifty thousand rupees
In rural area, if the family opts out of the housing provided, the
equivalent cost of the house may be offered
The houses in urban area, if necessary be provided in multi-
storied building
The MP LARR Rules (2015) as amended do not have any specific
requirements for livelihood restoration and thus the Second and
Third Schedule is deemed to be applicable.
While no significant gaps have been
identified, the LARR (2013) does not
specify safeguards to be followed in
case of urgent land requirement
wherein displacement would occur
before the housing provision is in
place (e.g. temporary
accommodation).
Also, the mechanism of allotment of
homestead land with security of tenure
is not clearly stipulated, especially for
non-titleholders.
RUMSL will undertake resettlement
and rehabilitation of the physically
displaced PAHs in keeping with the
RAP&LRP, as discussed in Section
8
25 1) The Collector in determining the market value of the building and other immovable property or asstes attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him; 2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him;3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him.
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b) Right to salvage material from the demolished
structures.
c) Three months' notice to vacate structures.
d) Refund of stamp duty and registration charges for
purchase of new alternative houses/shops at prevailing
rates on the market value as determined in (a) above.
Alternative houses/shops must be bought within a year
from the date of payment of compensation.
e) In case of partially affected structures and the remaining
structure remains viable, additional10% to restore the
structure. In case of partially affected structures and the
remaining structure becomes unviable additional 25% of
compensation amount as severance allowance.
ESMF, 2017
The ESMF 2017 have mentioned similar requirements as
per the LARR (2013) including for non-titleholders. There
are additional allowances proposed for moving/shifting.
Avoidance of land under Common Property
Resources
IFC PS
Access
The loss of access to Common property resources should
be consider when evaluating a project’s impact on affected
communities
The project will provide an adequate access to alternative
common property and natural resources and every effort
should be made to provide or facilitate access to similar
resources elsewhere, thereby avoiding or minimizing the
need for cash compensation
Loss of Pasture and Fallow land
If the land acquisition, may restrict the community’s access
to commonly held resource asset such as rangeland,
pasture and fallow land. The client will provide either land
based compensation in the form of suitable replacement
land, or access to other areas of natural resources that will
offset the loss of such resources to a community. Such
assistance could take the form of initiatives that enhance
the productivity of the remaining resources to which the
community has access (e.g., improved resource
management practices or inputs to boost the productivity of
the resource base), in-kind or cash compensation for loss
of access, or provide access to alternative sources of the
lost resource.
Replacement Cost Common structure
MP Revenue Code
Preparation of Nistar Patrak – The sub-divisional officer shall, in
accordance with the provisions of this Code, prepare a Nistar Patrak
for every village embodying a scheme of management of all
unoccupied land in the village. Matters to be provided in Nistar
Patrak are as follows –
■ Terms and conditions on which grazing of cattle in the villagewill be permitted;
■ Terms and conditions on which and extent to which anyresident may obtain wood, timber, fuel or any other forestproduce, mooram, kankar, sand, earth, clay or any other minorminerals;
■ Instructions regarding the grazing of cattle;
As per the requirement of revenue code, the DC shall make
provision for:
■ Free grazing of cattle used for agriculture;
■ Removal of forest produce and minor minerals by the villagersfree of charge for their domestic consumption;
■ The Collector may divert unoccupied land, for exercise of Nistarrights for – pasture, grass, bir or fodder reserve subject to aminimum of two (2) percent of the total agricultural land of thatvillage.
■ When it becomes indispensable to divert the land set apart forthe purpose of above mentioned type for such developmentand infrastructural project which are owned by the StateGovernment, the DC, after satisfying himself on the alternativesavailable and also on obtaining land of equivalent area forfulfilling the same nistar rights from the concerned project, maydivert the land for such purposes by passing a reasoned orderto this effect.
No compensation for impact on
natural resources, such as grazing
land or any improvement made on the
land, is not given in national
regulations, or in ESMF (apart from
the requirement to ensure that 2% of
the total agricultural land in the village
is available for grazing in revenue land
code).
As part of the review of the RUMSL’s
land allotment request, the following
criteria were considered by the
revenue and land reforms
departments:
- Ensuring that a threshold
level of government land is
secured for grazing cattle
(calculated for each village at
a minimum of 2 percent of
total agricultural land
available in the village);
Avoid land under the Nistar rights in
the village (as noted in the Nisatr
Patrak) – this may also include
grazing areas, in addition to
easements, cultural areas and other
community use areas
The Section 6 identifies specific
entitlements and action items for
RUMSL, which will be implemented
as part of the project land take
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Houses and other structures (including public structures
such as schools, clinics and religious buildings): the cost of
purchasing or building a replacement structure, with an
area and quality similar to or better than those of the
affected structure, or of repairing a partially affected
structure, including labor, contractors’ fees and transaction
costs such as registration, transfer taxes, and moving costs
World Bank
Land of equal productive use or potential, located in the
vicinity of the affected land, plus the cost of preparation to
levels similar to or better than those of the affected land,
and transaction costs such as registration and transfer
taxes or customary fees
Access
For access restrictions in relation to legally common
property, the resettlement plan may take the form of a
process framework. It is used to design project activities,
determine eligibility criteria, reach agreement on access
restrictions, identify measures to assist affected persons in
improving or restoring their livelihoods, manage conflicts
and grievances, and arrange for participatory
implementation and monitoring.
Where common property resources are affected, benefits
and compensation associated with restrictions on natural
resource usage may be collective in nature.
For those whose livelihood is affected by loss of land or
resource use or access, including common property
resources, the resettlement plan describes means to obtain
substitutes or alternative resources, or otherwise provides
support for alternative livelihoods
ESMF
Reconstruction of community structure and Common
property resources in consultation with the community.
Livelihood restoration of person who doesn’t
have legal right on the land the poses
(encroachers/squatters)
IFC PS
Persons with no recognizable legal right or claim are not
entitled to compensation for land, but they should be
compensated for the structures that they own and occupy,
and for any other improvements to land at full replacement
cost. In addition, they should be offered resettlement
assistance sufficient to restore their standards of living at a
suitable alternative site. Options for resettlement
assistance should be generated through consultation with
the displaced persons and reflect their priorities and
RFCTLARR Act 2013
The RFCTLARR Act mandates the payment of compensation to
each affected person irrespective of the legal title. The act in the
definition of the affected families which are entitled to get the
compensation at the time of land acquisition stated that, “a family
which does not own land but a member or members of such family
may be agricultural labourers, tenants including any form of tenancy
or holding of usufruct right, share-croppers or artisans or who may
be working in the affected area for three (3) years prior to the
acquisition of the land and whose primary source of livelihood stand
affected by the acquisition of land”.
The revenue code and consent policy
does not identify any rights for
informal users and those dependent
upon land are identified only the PAPs
with formal rights on the land and
assets identified are eligible for
compensation and rehabilitation
support.
The ESMF for MNRE provides for
cash assistance for vulnerable
encroachers only.
RUMSL will implement the
entitlements identified as part of this
RAP&LRP, which includes livelihood
restoration support for those without
legal rights on the land
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preferences. These provisions apply to persons who are
occupying the project area prior to the cut-off date
World Bank
In case of displaced persons without formal rights or
claims, arrangements for adequate housing will be
provided. If they owned structures, the borrower will
compensate for the loss of assets other than land.
In case for persons without legal rights or claims are
impacted, compensation for lost assets other than land
(such as crops, irrigation infra, other land improvements)
will be provided at replacement cost. Additionally,
assistance in lieu of land compensation sufficient to re-
establish livelihood elsewhere.
ESMF, 2017
The ESMF has a provision of subsistence allowance to
provision for any livelihood loss as a one-time grant.
The MP LARR Rules (2015) as amended do not have any specific
requirements and only include an additional reference to the MP
Land Revenue Code (1959) through which any households that may
not have bhumiswami rights will need to be identified.
The RFCTLARR Act is implemented
differently in different states. Currently
due to lack of clear guidelines issued
to land acquisition agencies, practical
difficulties such as legal land
ownership and land titles, land titles in
India are unclear due to various
reasons such as legacy issues, the
small and marginal may not hold
formal land titles and the disputed land
titles etc. are encountered in
compensating persons without legal
titles to the land.
Special Assistance for Vulnerable
Households
IFC PS
Particular attention will be paid to the needs of the poor
and the vulnerable as a part of the resettlement process,
however no specific package or entitlement for vulnerable
groups. In particular, IFC PS 7 considers indigenous
peoples in terms of screening, assessment of impacts
(including differential impacts), requires for free prior and
informed consent to be triggered in specific circumstances.
There are also references to assessing gender and
gender-based violence.
World Bank OP 4.12
Particular attention is paid to the needs of vulnerable
groups among those displaced, especially those below the
poverty line, the landless, the elderly, women and children,
indigenous people, ethnic minorities, or other displace
persons who may not be protected through national land
compensation legislation. In particular, OP 4.10 considers
safeguards to be adopted to screen, assess impacts and
development mitigation for indigenous communities as well
as disclosure. ESMF (2017)
The vulnerable families are entitled for resettlement and
rehabilitation
One time additional financial assistance is provided.
RFCTLARR Act 2013
Subsistence grant for displaced families for one year period
Each physically displaced family shall be given monthly
allowance of three thousand rupees for one year period from
the date of award
SCs and STs displaced shall receive an amount of fifty
thousand rupees, in addition to the monthly allowance
For displacement in Schedule Five area, the PAFs shall be
relocated in a similar ecological zone, as far as possible so as
to preserve the economic opportunities, language, culture and
community life
No significant gaps has been
identified.
It is understood that in keeping with
the ESMF, RUMSL will provide
specific entitlements for vulnerable
households, as discussed in Section
6. In addition, process support to
vulnerable households identified will
also need to be extended.
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
4. SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
This section provides the socio-economic profile of the affected communities across the solar parks. The socioeconomic profile presented in this section summarises the key socio-economic parameters across the three parks as well as provides a commentary on some of the overarching socio-economic themes of importance. The Park level Volumes provide a detailed socio-economic baseline for each solar park, the affected villages as well as the directly impacted households and can be referred to for further details as required. The focus of the socio-economic profile is on demography, access to capital, livelihoods, land ownership and use, access to infrastructure and any vulnerabilities. The profile of the affected community is based on the quantitative and qualitative data collected through the household surveys, village profiling, FGDs and PRA techniques used.
4.1 Unit Wise Profile of Project Affected Households
Section 1.4 and Appendix A describes the primary socio-economic data collection activities that were undertaken as part of the resettlement surveys. Based on the quantitative and qualitative data collected as part of the RAP&LRP preparation, the following figures provide a summary of the socio-economic baseline of the affected households at the Unit level for each of the Solar Parks. The details associated with the infographics are provided in the Solar Park level Volume 2 (A-D). Some of the key themes coming out of this summary have been discussed in the subsequent section.
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-1 Unit Level Socio-Economic Profile of Project Affected Households for Unit 1, 2 and 3: Neemuch Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-2 Unit Level Socio-Economic Profile of Project Affected Households for Unit 4: Agar Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-3 Unit Level Socio-Economic Profile of Project Affected Households for Unit 5: Susner Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-4 Unit Level Socio-Economic Profile of Project Affected Households for Unit 6: Moman Badodiya Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-5 Unit Level Socio-Economic Profile of Project Affected Households for Unit 7: Moman Badodiya Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-6 Unit Level Socio-Economic Profile of Project Affected Households for Unit 8: South Shajapur Solar Park
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
Figure 4-7 Socio-Economic Profile of Project Affected Households : Transmission Line Unit 1-8
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
4.2 Key Socio-economic Themes
The following sub sections provide a discussion on some of the key socio-economic themes that have been identified across the villages and affected communities within the project footprint of 1500 MW. These themes subsequently form the basis for developing customised implementation strategies across market valuation, resettlement housing, livelihood restoration, gender mainstreaming and mitigation of impacts from loss of grazing land.
4.2.1 Settlement Patterns
The predominant settlement pattern is of clustering of settlements by community or caste group of one storey kutcha and semi-kutcha houses. The main village has extended hamlets called Baldi and/or Colony typically prefixed by the Caste name which is residing in that hamlet at a distance of approximately 1-2 km from the village. The relationship of people in the village and these extended hamlets are cordial. However, there is a clearly demarcated relationship between the hamlets with regards to common natural resources, particularly surface water bodies, and grazing land. The local community has an unwritten understanding amongst themselves applying to the use of resources in villages in terms of grazing areas and water bodies with a clear demarcation for different hamlets or settlements. In these matters, the local community groups within a village almost operate separately.
4.2.2 Land Ownership and Use
The following table provides an understanding of the land ownership patterns amongst the affected households in the Project
Table 4.1 Size of land holdings
Land Holding Size
PAHs (%) in Neemuch Solar Park
PAHs (%) in Agar Solar Park
PAHs (%) in Shajapur Solar Park
PAHs (%) in Transmission Line
Marginal Farmer (<1 ha) 8.7 35 40.32 19
Small Farmer (1-2 ha) 44.4 27 32.06 40
Semi-medium Farmer (2-4 ha) 29.3 26 17.78 24
1. Medium Farmer (4-10 ha) 2. 17.4 3. 9 4. 8.25 5. 15
6. Large Farmer (>10 ha) 7. 0 8. 3 9. 1.59 10. 1
Source: HH survey 2020
The average land holding across the villages of the three solar parks is approx. 1 ha of land. However, there is reported to be a difference in terms of land holdings across social groups and between men and women. Most of the larger land owners (medium or large farmers) are from the general community such as Rajput, Patel and Brahmin or, OBCs. On the other hand, the SC and ST population is typically characterised by small or no land holdings. The owners of larger land parcels employ agricultural labourers or may enter into sharecropping arrangements with other households, typically from SC and ST community, that own less or no land.
Approximately 3 percent of surveyed landowners are women. Most women land owners have small (1-2 ha) or marginal land holdings (less than 1 ha). Also, where daughters are legally registered as co-land owners they do not have any decision making role on sale of land, or land use related decisions. In some cases the land is also registered in the name of under-age (below 18 years) girls. In these cases, though the women remain the legal owners and irrespective of their presence within the village or if they have moved out on account of marriage or migration, the functional owner-user of the land are the male members of her maternal household.
In addition to private and patta land ownership, there is also a trend of encroaching or squatting upon the land for agriculture, residence and creation of fodder lots. According to the consultations with the
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
local community, it is understood that informal use of government land and encroachment on government land adjoining private land as a practice has been in existence for more than 20 years. Informal occupation of government land for agriculture, referred to as Atikraman in Hindi, has resulted from several push and pull factors including increase in population of certain villages, increase in family size and the available land (both private and government combined) has reduced due to fragmentation within families, little to no real punitive action from the regulator and a high reward to low risk ratio.
4.2.3 Agriculture-based Livelihoods
The local community is primarily agrarian, with most of the households, regardless of social group and income level, reporting engagement in agricultural activities. The following figure provides a summary of the proportion of PAHs who reported agricultural activities.
Figure 4-8 Households engaged in Agriculture by Village
Source: HH Survey responses 2020
The major crops grown are soyabean, wheat, channa, mustard and onion. The cropping pattern varies from village to village depending on the type of soil, irrigation and the availability of land in the area. Most PAHs cultivate 2-3 crops in a year while some PAH’s who have more than 1.25 – 1.3 hectares of land have a variety of crops up to 8 growing in one season cultivated in one agricultural cycle. It was reported during consultations that the previous year had witnessed lower productivity in Soyabean, due to erratic rainfall in the state, which had resulted in the farmers facing significant losses.
4.2.4 Grazing Land
Another important community-based dependence on government land is for grazing. According to the discussions with the local communities, it is understood that while there are designated grazing areas identified in the Nistar Patrak of each village (Charnoi, Chargah, Gaochar etc.) most of the open government land is used for grazing purposes due to availability and ease of access to all the households. In most situations, the local community was not aware of the location of designated grazing areas. Most of the local community preferred to graze their livestock within a radius of 1-3 km from the Abadi area of the village.
32.11
41.97
25.92 25
6660
69.463.8
68.7
54.5
85.29
73.08
55
79.55
89.9
72.73
86.583.61
100
78.7284.38
65.6
0
20
40
60
80
100
120
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However, the local community reported that over the years, the land available for grazing purposes has reduced. This has primarily resulted from an increase in the livestock holding in the local community as well as an increase in squatting/encroachment for agriculture or Kabza for grazing/fodder lots. Most of the squatting/encroachment for agriculture has been undertaken on the land parcels that were considered good for grazing purposes. The increase in livestock holding has been primarily to support household consumption, with marginal and small land holding households having higher dependence on livestock. The creation of Kabza fodder lots on government land is done differently in different areas. In Neemuch it is done by marking a boundary either through fencing or stone slab boundary walls. In Agar, no physical fencing is used but people are aware of the government land captured by households. This is done to ensure less competition for the fodder generated and allow for good, year-round availability of better quality fodder. Land capture or ‘kabza’ for grazing is a predominant feature of villages in Agar and Neemuch. This Kabza is mostly done by the upper caste households or powerful families in the village in Agar and Neemuch. The village communities of Karwa Khedi, Lawdan, are aware of these ’kabza’ boundaries on common (government owned) pasture land and other people are not allowed by the person responsible for the ‘kabza’ or capture, to graze their cattle on this land. This encroachment is also a generational phenomenon, having continued across 15 – 50 years. There are unwritten rules in the village regarding who can graze their livestock, such as- outsiders, landless households cannot access such encroached/captured parcels for grazing. Appendix E of this document, provides further details on existing practices for grazing, project impacts as well as recommendations for a grazing management plan for the project.
4.2.5 Livestock Dependence
Apart from agriculture, livestock holdings are considered the most important source of sustenance and livelihood by the local community. Most of the households reported to own at least 2-3 livestock heads. The most common type of livestock is buffalo and cows followed by goats and sheep. The actual livestock holding is understood to be determined by the economic status of the household as well as the caste and religion of the household. The economically weaker household tend to be inclined towards a larger goat holding in comparison to cows and buffaloes. Furthermore, Buffalo rearing is more among households from OBC and general category while goats and sheep were more common among SC and Muslim households. The households owning poultry are typically from OBC and Muslim households.
Figure 4-9 Livestock Ownership Amongst Households Surveyed
Source: HH Survey responses 2020
Most of the livestock holding is maintained for self-consumption with a small proportion of households also engaging in sale of milk and meat. Milk is typically sold of Buffaloes. This is because the breed of cows in the area are desi and do not produce large quantities of milk. Thus, most of the cow’s milk is used for self-consumption by the households.
232
11 8
170
20 5
109
15 20
50
100
150
200
250
0 to 5 5 to 10 More than 10
Cow Buffalo Goat
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SOCIO-ECONOMIC BASELINE PROFILE OF AFFECTED COMMUNITIES
4.2.6 Social Groups and Dynamics
The local community in the villages of the solar parks is largely Hindu with a mix of social groups across the various caste categories. The major caste groups present in the area include Brahmin (General), Rajput (general), Malviya Thakur (general), Prajapati (general), Sondhiya Rajput (OBC), Patel (General), Banjara (OBC), Bhil (ST), Harijan (SC), Chamar (SC), Nat (SC), Balai (SC), Dhakkad (OBC), Gujjar (OBC), etc.
While Madhya Pradesh has a high proportion of ST population, the presence of ST population is relatively low in the district, and the villages. The ST groups largely consists of people from the Bhil tribe.
All the social groups are characterised by a high dependence on agriculture and livestock rearing. However, there is a difference across groups in terms of the quantity of land owned/used and the type and number of livestock holdings
According to the information available, most of the landless or marginal land owners belong to the SC and OBC community. They own smaller landholdings and their dependence is higher on agriculture labour and wage labour
4.2.7 Prevailing Gender Context
The villages of the solar parks are characterised by a patriarchal society with men having greater influence in the local community, household and collective decision making, higher asset ownership and wielding political power. The average sex ratio of the project villages is 929 females per 1000 males, which is similar to the state sex ratio of 931 females per 1000 males. The child sex ratio is reported to be lower, at an average of 847 females per 1000 males. The probable reasons include higher infant mortality rates among girls (according to consultations) or the cultural preference of male children, possibly leading to the illegal practise of sex selective abortions, resulting in an imbalance in the gender composition in the region. Section 10.1 provides a detailed understanding of the prevailing gender context in the impacted community.
4.2.8 Vulnerable Groups
The following table provides an understanding of the number of the vulnerable households identified amongst the PAHs across the solar parks. These vulnerabilities have also been assessed against the vulnerabilities identified in the ESMF. Accordingly, the following vulnerable groups have been identified:
Below Poverty Line Households: This is differentiated from those households who own a BPLcard. In accordance with the responses received during the household surveyed, it is noted thatmore than half of the population reported having a Below Poverty Line Ration Card, which is usedfor the public distribution system. The BPL card holder households are derived on shortfall inmeeting consumption of basket of items, while poverty line is defined base on income shortfall..In keeping with this, the vulnerable group identified is those who fall below the poverty line. Thisgroup is understood to be vulnerable in terms of their dependence on land for their livelihood andsustenance, typically small land holdings and their lack of rational or political power in the villagesetting which limits their ability to ensure access to project benefits. The identified below povertyline households are based on calculations derived from the planning commission method26. Thisidentification may or may not include actual BPL card holders.
Female Headed Households: While women are considered a vulnerable group, based on context,the women in this cultural region and Women headed households (both joint as well asindependent) in particular face additional challenges of not being included in negotiations,
26 As per the Planning commission method, the poverty line is determined by the ability of individual to spend INR 32 per day per person for rural areas. The poverty level was calculated based on total annual per capita expenditure. The values has been adjusted against inflation rate in 2020. https://www.prsindia.org/theprsblog/poverty-estimation-india
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decision making even within the households, or being able to fully participate fully, in key meetings. This is primarily due to prevailing cultural norms where women do not speak in front of men or participate in meetings that include men. In particular, women headed households may not receive the benefits and advantages compared to male-led households that are able to fully participate and advocate for their entitlements and demands.. This equation makes women-led households more vulnerable in cases of sale of land for the project, where there is a chance that the full proceeds from sale of land along with other entitlements do not reach them.
Households with only elders: Similar to the BPL households and female headed households,these households are considered vulnerable due to their reduced ability to participate in andinfluence the decision making process at the community level and ensure access to projectentitlements. Some households with only elderly members have multiple vulnerabilities, such asalso being BPL or headed by women.. They also lack social and financial assistance from thestate. Firstly, not all elderly are registered to receive payments from social security schemes andsecondly even if they receive a pension or any assistance, the amount of pension is meagre andnot sufficient for self-sustenance. Being poor, elderly and without the support of younger familymember put such households in a position of severe vulnerability
Uneducated Youth without Skills: This vulnerable group has been identified in terms of theirability to partake in the livelihood opportunities presented by the project.
Artisan: this vulnerable group has been identified in keeping with the ESMF applicable for theproject. From the consultations at the village level, it is understood that there are very fewartisans in the project footprint villages. Most of the artisans observed in the project footprint wereengaged in preparation of mats and baskets from date palm leaves. According to theconsultations, the continued practice of artisanal skills is considered to be a practise of thehouseholds with lower social and economic standing , and from the SC category., Even withinthese households, it is typically the older women with fewer household responsibilities (childcare,farm and livestock related work) who undertake these activities.
The following table provides an understanding of the number of the vulnerable households identified amongst the PAHs surveyed across the solar parks.
Table 4.2 Village wise division of vulnerabilities PAHs Administrative
Unit
Households
Below Poverty
Line
Women HoH Artisan Elderly-
members only
Households
Uneducated
youth without
skills
Unit 1, 2 and 3
Bardawada 0 5 1 1 17
Kawai 0 5 1 0 34
Badi 0 1 2 0 26
Total 0 11 4 1 75
Unit 4
Bijnakhedi 0 1 0 0 0
Madhopur 0 0 0 0 8
Kesai Dehariya 0 3 1 0 2
Pipliya Kumhar 0 0 0 0
Ladwan NA NA NA NA NA
Karwa Khedi NA NA NA NA NA
Dudhpura NA NA NA NA NA
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Administrative
Unit
Households
Below Poverty
Line
Women HoH Artisan Elderly-
members only
Households
Uneducated
youth without
skills
Total 0 4 1 0 10
Unit 5
Umariya 1 3 1 0 14
Naharkheda 0 0 1 1 8
Pipliya Nankar 0 0 0 0 4
Palada 0 0 0 0 9
Total 1 3 2 1 35
Unit 6
Burlay 2 1 0 0 4
Jawadi 2 1 0 0 10
Dhatrawada 2 2 1 0 24
Unit 6 total 6 4 1 0 38
Unit 7
Parsula 5 3 0 0 33
Dehripal 3 4 1 0 20
Bijnakhedi 1 2 0 0 33
Fawaka 1 0 0 2
Chauma 2 6 1 0 17
Unit 7 total 11 16 2 0 105
Unit 8
Surajpur 2 3 1 1 3
Lalupura 1 0 0 12
Hanoti 3 0 0 12
Unit 8 total 2 7 1 1 27
Sub Total 20 45 11 3 383
Tranmission
Line 1-8
0 23 5 5 0
Source: HH Survey responses 2020
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STAKEHOLDER IDENTIFICATION AND ENGAGEMENT
5. STAKEHOLDER IDENTIFICATION AND ENGAGEMENT
As part of the ESIA and the Stakeholder Engagement Plan for the project, a detailed stakeholder identification and analysis has been undertaken for the entire project lifecycle. This section, takes cognizance of the same and provides a stakeholder identification and analysis from the resettlement perspective. While certain stakeholder groups are common across all assessments, some stakeholders are relevant primarily from the planning and implementation of the land procurement and RAP&LRP perspective. Volume 1 provides a stakeholder identification and analysis from the RAP&LRP perspective. This Section provides a summary of the engagement activities undertaken with the stakeholders thus far and the manner in which the feedback has been integrated into the project planning.
5.1 Summary of Stakeholder Engagement and Public Consultation for Resettlement Planning
Since the inception of the project, a number of engagement activities have been undertaken with the external stakeholders. These engagement activities have been associated with the following steps in project development:
Project Location and Concept/Pre-feasibility
Project Land Take process for Government Land
Environmental and Social Screening and Scoping for the project
Engagement as part of the ESIA and RAP&LRP process
Ongoing Engagement as part of the Project life-cycle
These activities have been undertaken by RUMSL staff and its contracted team in terms of the team responsible for land identification and assessment, technical consultant, ESIA consultants etc. the following subsections provides an understanding of the engagement activities undertaken in each phase of project development.
5.1.1 Preliminary Consultations during Project Location and Concept/Pre-Feasibility
As has been discussed in Section 2.1, as part of the project location identification and the assessment of its feasibility, a baseline assessment was undertaken. This baseline assessment was aimed at developing an understanding of the environmental and social sensitivities associated with the proposed project area. As part of this baseline assessment, the consultant’s team conducted informal consultations with the villagers in different clusters. The purpose of these consultations was to inform them about the proposed project and gather feedback and concerns on the same. According to the information available in the baseline assessment, a total of 420 participants were involved in these consultations, of which 275 were men and 145 were women. This assessment also confirmed the land records and land ownership patterns, which informed the land procurement considerations for the project.
5.1.2 Disclosure for Government Land Allotment
As discussed in Section 2.3.1.1, a significant proportion of required government land has already been allotted for the project. As part of the government land allocation process, initiated in November 2016, a prior notification was issued of the proposed land allotment at the village level and concerns and opposition against the same were invited in a fixed time frame. The government allotment then took cognisance of these grievances in the identification of khasras tor final allotment. The summary of these grievances/ feedback is provided in the land allotment letters issued to RUMSL (refer to Volume 2). The following table provides a summary of the key feedback received
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Table 5.1 Key Feedback Received as part of Government land Allotment process
Unit Land Allotment Date and Number Village Key Grievances/Feedback reported as part of Land Allotment Process
Unit 1, 2 and 3
238.68 hectare of land has been allotted, vide the allotment letter number: 7/A-20(3)/2017-18, dated 17.01.2018
Bardawada, Kawai, Badi
As per the report of the Tehsildar of Neemuch presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 2 and 3
439.518 hectare of land has been allotted, vide the allotment letter number: 26/A-20(3)/2016-2017 dated 30.5.2017.
Kawai and Badi
As per the allotment letter, villagers of Badi village have raised the objection against the allotment of government land for the Project. At the time of allotment 12 encroachers were identified with a total 20.500 ha. of encroached land in Kawai village.
Unit 4 56.22 hectare of land has been allotted, vide the allotment letter number: 7/A-19(3)/2017-18 dated 28.02.2019
Bijnakhedi As per the report of the Tehsildar of Agar presented in the allotment letter, there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 70.53 hectare of land has been allotted, vide the allotment letter number: 6/A-19(3)/2017-18 dated 28.02.2019
Dudpura As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 14.95 hectare of land has been allotted, vide the allotment letter number: 31/B-121/2019-20 dated 21.06.2019
Dudhpura As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 159.25 hectare of land has been allotted, vide the allotment letter number: 5/A-19(3)/2017 dated 20.06.2019
Karwakhedi The villagers of Karwakhedi have objected to the allotment of land for the Project, on the basis that after the land allotment, there will be no charnoi land left in the village.
Unit 4 28.30 hectare of land has been allotted, vide the allotment letter number: 4/A-19(3)/2017-18 dated 28.02.2019
Kasai Dheriya
As per the report of the Tehsildar of Agar presented in the allotment letter, there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 197.14 hectare of land has been allotted, vide the allotment letter number: 3/B-121/2019-20 dated 19.06.2019
Ladwan As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 16.83 hectare of land has been allotted, vide the allotment letter number: 2/A-19(3)/2017-18 dated 28.02.2019
Madhopura As per the report of the Tehsildar of Agar presented in the allotment letter, there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 4 34.92 hectare of land has been allotted, vide the allotment letter number: 1/A-19(3)/2017-18 dated 21.01.2019
Pipaliya Kumar
As per the allotment letter, gram panchayat of Pipaliya Kumhar issued a Stop Motion on allotment of land dated 26.09.2018. As per the motion the allotment of land will reduce the availability of Gochar land in the village.
Unit 5 60.2 hectare of land has been allotted, vide the allotment letter number: 9/A-18(3)/2017-18
Naharkheda As per the allotment letter, gram panchayat of Naharkheda has issued a Stop Motion on allotment of land dated 23.09.2017. As per the motion the allotment of land will reduce the availability of Gochar land in the village.
Unit 5 26.79 hectare of land has been allotted, vide the allotment letter number: 9/A-19(3)/2017-18 dated 09.08.2018
Naharkheda As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
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Unit Land Allotment Date and Number Village Key Grievances/Feedback reported as part of Land Allotment Process
Unit 5 56.99 hectare of land has been allotted, vide the allotment letter number: 8/A-19(3)/2017-18 dated 02.01.2018
Palda As per the allotment letter, gram panchayat of Palda has issued a Stop Motion on allotment of land dated 25.09.2017. As per the motion the allotment of land will reduce the availability of Gochar land in the village.
Unit 5 161.16 hectare of land has been allotted, vide the allotment letter number: 11/A-19(3)/2017-18 dated 02.01.208
Pipaliya Nankar
As per the allotment letter, gram panchayat of Pipaliya Nankar has issued a Stop Motion on allotment of land dated 25.09.2017. As per the motion the allotment of land will reduce the availability of Gochar land in the village.
Unit 5 155.83 hectare of forest land has been allotted, vide the allotment letter number: 10/A-19(3)/2017-18 dated 09.08.2018
Umariya As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 5 176.63 hectare of land has been allotted, vide the allotment letter number: 10/A-19(3)/2017-18 dated 06.01.2018
Umariya As per the allotment letter, gram panchayat of Umariya has issued a Stop Motion on allotment of land dated 23.09.2017. As per the motion the allotment of land will reduce the availability of Gochar land in the village.
Unit 7 62.5743 hectare of land has been allotted, vide the allotment letter number: 03/A-19(3)/2016-17 dated 26.05.2017
Dheripal, Burlay, Jawadi,
As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 6 and 7
618.53 hectare of land has been allotted, vide the allotment letter number: 26/A-19(3)/2016-17 dated 11.12.2017
Dheripal, Parsula, Fawka, Jawedi, Burlay, Chauma, Bijnakhedi, and Dhatrawada
The villagers have raised the following objection: Jawadi: Gram Panchayat objected, that in future the proposed land might require for Abadi land Fawaka: Gram Panchayat objected that the available government land in the village should not be allotted to the Project; Dhatrawada: Gram Panchayat objected, that the allotment of land to the project will reduce the availability of charnoi land in the village; Burlay and Bijnakhedi: The Gram Panchayat of the village has raised the objection, that the allotment of land to the project will reduce the availability of charnoi land, and Abadi land in the village;
Unit 8 164.61 hectare of land has been allotted, vide the allotment letter number: 02/A-19(3)/2016-17 dated 26.05.2017
Hanoti As per the report of the Tehsildar of Agar presented in the allotment letter there were no objections or grievances raised on the allotment of land for the Project in the village.
Unit 8 88.09 hectare of land has been allotted, vide the allotment letter number: 03/A-19(3)/2019-20 dated 28.06.2019
Surajpur and Lalupura
As per the allotment letter, villagers of Badi village has objected, that the allotment of land to the project will reduce the availability of Charnoi land in the village.
Source: Land Allotment Letters (See Volume 2)
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5.1.3 Engagement as part of the Environmental and Social Screening and Scoping Assessment
An Environmental and Social Scoping Assessment was undertaken for the project in 2018-2019. As part of this assessment, informal consultations were undertaken with the local community in the following villages:
Neemuch Solar Park: Badi and Kawai Village
Agar Solar Park: Umariya, Pipalya Nankar, Ladwan and Karwa Khedi villages.
Shajapur Solar Park: Umariya, Pipalya Nankar, Ladwan and Karwa Khedi villages.
The villages for the stakeholder consultations were chosen based on the following criteria:
Villages with higher land take for the project; and
Villages with the higher SC/ST population
As part of these consultations, an attempt was made to get an updated understanding of the environmental and social sensitivities surrounding the proposed project footprint and seeking feedback from the community on the proposed project. These engagements were important as since 2016, the local community was more aware of the proposed project footprint and its potential impacts. The feedback and concerns of the local community subsequently informed the scoping of the potential impacts and the requirement for undertaking a detailed impact assessment and resettlement planning process.
5.1.4 Engagement as part of the Environmental and Social Impact Assessment for Solar Parks
The Environmental and Social Impact Assessment (ESIA) reports prepared for each of the solar parks provide an understanding of the various engagement activities undertaken as part of the project during the impact assessment phase. These engagement activities were guided by an internal stakeholder engagement strategy developed by ERM, to streamline the communication and messaging, for the ERM teams engaged for various tasks, viz, ESIA, RAP&LRP and IPDP. The Appendix B of the ESIA reports provide a summary of these consultations undertaken for the project.
5.1.5 Engagement as part of the Environmental and Social Impact Assessment for Transmission Lines
The Environmental and Social Impact Assessment (ESIA) study for the eight Transmission lines of Neemuch, Agar and Shajapur solar parks was undertaken to identify the critical environmental, ecological and social sensitivities and to identify the relevant local stakeholders for the proposed transmission lines.
The villages for the stakeholder consultations were chosen based on the following criteria:
Any structures that may be affected in the RoW of the transmission lines
Any major settlements close to the ROW of the transmission lines
Villages with the higher SC/ST population
As part of these consultations, an attempt was made to get an understanding of the environmental and social sensitivities surrounding the ROW of the transmission lines and seeking feedback from the community. These engagements were important as the local community was aware about the solar parks projects but not aware the proposed route of the transmission lines of the solar parks.
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The feedback and concerns of the local community subsequently informed detailed impact assessment study of potential impacts and requirement for resettlement action plan based on identified land based impacts leading to potential economic displacement of the stakeholders.
5.1.6 Engagement as part of Resettlement Planning
The specific consultation and engagement activities undertaken with the Resettlement planning have been provided in respective appendix volumes. As part of the consultations with the local community, 316 men and 63 women were engaged with for the Neemuch, Agar and Shajapur Solar Parks. Similar engagement activities were undertaken in the villages along the Transmission line alignment, based on the sample identified. As part of these engagement activities, a focused effort was made to disclose preliminary project information to the stakeholders in terms of project land requirement and proposed project footprint, project timelines and key next steps.
5.1.7 Feedback Received during Resettlement Planning
Through the consultations and discussions undertaken for the RAP&LRP, the following key feedback relevant to the resettlement planning was received across the Neemuch, Agar and Shajapur Solar Parks and their associated transmission lines. It should be noted that one of the key feedbacks received in Agar Unit 4, was the unwillingness of the local community to participate in the project. On grounds of not wanting the project to be located on their village land, three villages; Karwa Khedi, Dudhpura and Ladwan refused to participate in the resettlement surveys. The details of these are provided in Volume 1 (B).
Table 5.2 Key Feedback Received Across All Parks and its Incorporation into Project Planning
Feedback Received Incorporation into Project Planning and/or RAP and
LRP for RUMSL’s consideration
Feedback related to Solar Parks
Lack of engagement by the project prior to the
ESIA stage of the project. according to the
consultations across the villages, there was
negligible to no engagement/ interaction of the
community with the project prior to the ESIA
studies.
As part of the RAP&LRP planning and survey process, a
focused effort was made to disclose the initial
information regarding the project to the local community.
The District Renewable Energy Officer (DREO) for the
project has also been identified as the main point of
contact for the local community and as part of the
grievance redressal process, his contact details have
been shared with the communities. As part of the ESIA,
a detailed Stakeholder Engagement Plan was prepared
for the project which puts in place a plan for engagement
in the ongoing and upcoming phases of the project
The community across the villages expressed
concerns regarding the reduction/loss of grazing
land (also since the 2% grazing land is not known
to the community in terms of location and is likely
to be encroached upon) and feared a subsequent
reduction in livestock heads at the household level
due to lack of grazing land. This in turn would
result in increase in ‘Awara Gai’ in the area (due to
issues surrounding sale of cattle ) and reduction in
income from livestock
As part of the impact mitigation and resettlement
planning, a Grazing Management Plan has been
prepared for the project and is discussed in Appendix E
of this report for RUMSL’s review and consideration
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Feedback Received Incorporation into Project Planning and/or RAP and
LRP for RUMSL’s consideration
Concerns regarding eligibility for compensation of
informal users (encroacher/ squatter) and general
fear about being removed without any
compensation for their investment of time, labour
and money
As part of the consultations and during the kick off and
close out meetings for the household surveys, the local
community was informed of the survey completion date
for eligibility to be considered as an impacted category.
The local community was also informed of the GRM
process in place and were requested to contact the
DREO in case any individual felt they were left out in the
survey process.
After the completion of the surveys, another attempt at
optimization was done in order to avoid the pockets of
intense use under government land. However, due to
limitations in terms of total land available and the
potential impact on project capacity, the same were
assessed as unfeasible.
Impact on livelihoods due to the project since most
of the livelihoods are presently land and farm
based, primarily agriculture and livestock rearing.
The local community was informed of the purpose of the
RAP&LRP and the process of its development and
disclosure. They were also informed that as part of the
RAP&LRP, specific impacts on the livelihoods would be
assessed and appropriate entitlements would be
identified for the same
Potential loss of standing crop due to the project
construction and the expectation of compensation
for the same
As part of the RAP&LRP specific provisions have been
included for the impact on standing crops in Section
6.4.1 including Three months advance notice to project
affected persons to standing crops and monetary
compensation for any crop that is not feasible to be
harvested.
Potential reduction in access to common property
resources such as area used for cooking fuel
(firewood and dung collection), manure, water for
livestock etc.
As part of the RAP&LRP entitlements have been
identified for the impact on common property resources
as discussed in Section 6.4.1
Reduction in productivity in remaining agricultural
land due to heat island effect
As part of the disclosure and engagement activities to be
undertaken for the project, a focused effort will be made
to inform the local community of the potential impacts
from the project and the mitigation measures put in place
to minimize the same
Impact on water infrastructure n terms of risk of
breakage or damage of underground pipelines laid
by the community for irrigation purposes due to
construction activities
As part of the engagement activities prior to the project
construction phase, the project will try and identify the
underground water infrastructure that may get impacted
due to the project and work with the concerned local
community to avoid or mitigate the same and will
thereafter be replaced and/or suitable compensated.
Impact on those private land owners or residents
whose land has been carved out of the project
boundary in an effort to reduce impact however
will be surrounded by the project from all sides
As part of the RAP&LRP, these private land owners/
residents will be given the option of selling their land to
the project in case they wish to move to another location.
In such a situation, the entitlements identified in Section
6.4.1 will be applicable to them as well.
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Feedback Received Incorporation into Project Planning and/or RAP and
LRP for RUMSL’s consideration
Expectation of employment on the project and
other benefits (such as free electricity) to the
impacted villages.
As part of the RAP&LRP specific provisions have been
included for the sharing of benefits such as employment
opportunities with the local community in the impacted
villages.
Provision of water supply infrastructure Currently, the major source of irrigation is ground water,
sourced through dug wells, or bore wells. All the villages
have raised their concern on the absence of surface
water supply infrastructure, in the form of canals. Lack of
canal system has led to high dependence on ground
water that has witnessed depletion in the last ten years.
The ground water table has further depleted, leading to
additional boring/digging in recent years to pump water.
It is suggested that the Project take into consideration
providing water supply infrastructure for agriculture, as
part of community level resettlement program.
Loss of access to land for Open defecation One of the key concerns expressed over the loss of land
to the project is the current use of land for open
defection will be obstructed. Women, particularly, rely on
open defecation as the dry latrine toilets do not have
drainage facility, and the structures are mostly in
impaired condition.
The apprehension is the loss of immediate accessible
land parcels for defecation, and the risk to safety of
women in accessing distant land parcels for the same.
As part of the Resettlement Planning, this issue has
been addressed in the Gender Action Plan (GAP).
Feedback related to Transmission Line
Cumulative impacts and double land loss: The villagers of Ladwan unit 4) and Surajpur, Dehripal, Parsula and Fawaka (Unit 6-8) shall get impacted due to land procurement for solar parks. Due to land take for solar parks, the available government land and private/patta land for both informal and formal use will get reduced. Further, giving Right of Way and restrictions over land within RoW in these villages shall have a cumulative impact;
The Section 7 of this report provides the specific measures to be put in place in case of such cumulative impacts
Lack of engagement by the project prior to the ESIA stage of the project
As part of the RAP&LRP planning and survey process, a focused effort was made to disclose the initial information regarding the project to the local community. The DREO for the project has also been identified as the main point of contact for the local community and as part of the grievance redressal process, his contact details have been shared with the communities. As part of the ESIA,
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Feedback Received Incorporation into Project Planning and/or RAP and
LRP for RUMSL’s consideration
a detailed Stakeholder Engagement Plan was prepared for the project which puts in place a plan for engagement in the ongoing and upcoming phases of the project
Concerns regarding eligibility for compensation for RoW land
As part of the consultations and during resettlement surveys, one common concern that was recorded was for eligibility for RoW compensation and amount of compensation. The PAHs consulted were informed about the compensation criteria, it’s process and time lines. . As part of the implementation of the RAP & LRP and construction of the TL, the land owners will have to be provided a clear understanding of the compensation
Concerns regarding reduction in land value Another common concern of the PAHs identified during survey was regarding the reduction of land value due to transmission lines passing over their private land in terms of valuation of land as collateral for loans from private banks and KCC and during sale of land, electric wires, cropping and tree plantation restrictions and right to access granted for the project. As part of the implementation of the RAP & LRP and construction of the TL, the land owners will have to be provided a clear understanding of the compensation to be provided in terms of land value
Apprehension regarding loss of crops and risks of electrocutions
The main concern raised during this stage was that the project would lead to temporary loss of their crops during construction phase, permanent restrictions on growing trees/ crops within tower footprint, decrease in their land value and risk of electrocutions. As part of Resettlement Planning, a compensation entitlement matrix has been prepared (included in Volume I) that includes the compensation for loss of crops.
5.1.8 Preliminary Feedback on Willingness to Sell
In addition to the above mentioned concerns, one key feedback that was sought from the impacted titleholders (private land owners/ patta holders and those to be physically displaced) in Agar and Shajapur Solar Parks (Unit 4-8) pertained to their willingness to sell their land and immovable asset under the Madhya Pradesh Consent Land Purchase Policy, 2014. This response to sell was sought for each individual land parcel. The following graph depicts the responses received for the same.
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Figure 5-1 Responses on Willingness to Sell Land Under Mutual Consent Policy
Source: Land and Asset Survey, 2020.
Note: None of the private land owners/ patta land owners in Unit 4 consented to participate in the survey thus their data is not reflected in the graph
Out of a total of 353 private and patta land parcels surveyed in Unit 1-8, 238 responses were received. Of these overall willingness to sell was reported for 54% of the land parcels under the Mutual Consent Policy. However, it should be noted that this does not constitute their final consent to the land purchase, which can only be established in keeping with the MP Consent based Land Purchase Policy 2014 process. This does establish the willingness of the owners of these parcels to engage with the project on the land procurement process. Furthermore, while Unit 5-7 responses showcase a comparable trend across the parcels where the owner is willing and not willing to sell their land, Unit 1& 8 shows a significant proportion of parcels where the owner is willing to sell their land for the project. However, Unit 2 &3, a significant portion of owners expressed unwillingness to sell their land for the project. The engagement activities as part of the project will be continued through the lifecycle, in keeping with the SEP and SECOP (to be prepared by the RIC) for the project. This will include disclosure of the RAP-LRP and the FPIC process being undertaken for the ST communities as detailed in the separate Approach Note. The details of the same are provided in Section 11.3
24
104
9
625
50
128
12
3322
4
823
8
110
U N I T 1 U N I T 2 U N I T 3 U N I T 5 U N I T 6 U N I T 7 U N I T 8 G R A N D T O T A L
Yes No
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6. PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATIONPOLICY AND ENTITLEMENT MATRIX
6.1 Screening of Involuntary Resettlement Impacts
The following table summarises involuntary land and natural-resource based impacts across the 1500 MW project
Table 6.1 Land and Natural Resource-based Impacts
Nature of Impact Relevance Across Sites
Neemuch Agar Shajapur
Purchase of private land by
the government and
potential landlessness
Applicable
21.44 ha to be
purchased from 99 land
owners.
Applicable
134.2 ha to be
purchased from 114
land owners.
Applicable
99.5 ha to be purchased
from 85 land owners.
Purchase of patta land by
the government where the
titleholder has taken
possession and potential
landlessness
Applicable
81.72 ha to be
purchased from 105
patta holders.
Not applicable Applicable
5.2 ha to be purchased
from 7 patta holders.
Loss of land for those that
have informally purchased
patta land without due
process and are not
titleholders
Not Applicable Not applicable Applicable
Physical Displacement
(titleholders and non-
titleholders)
Applicable
23 households to be
physically and
economically displaced
Applicable
5 households to be
physically displaced
across Unit 4 and 5
Applicable
15 PAHs to be physically
and economically
displaced and 4 PAHs to
be physically displaced
across Unit 6-8
Economic displacement of
land users on government
land and loss of assets
thereon (crops, trees, non-
residential structures)
Applicable
82 households to be
economically displaced
across Unit 1,2 and 3.
This includes 20
households who will
also be physically
displaced.
Applicable
257 households to be
economically displaced
across Unit 4 and 5
Applicable
330 PAHs to be
economically displaced
across Unit 6-8
Economic displacement of
agricultural labourers on
private and/or occupied
government land
Not Applicable Not Applicable Not Applicable
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Nature of Impact Relevance Across Sites
Neemuch Agar Shajapur
Loss of common property
resources on government
land
Applicable
■ Open grazing of cattle and other livestock in the government land (see Section 2);
■ Loss or severance of access to vegetation within the land which may be used for fuelwood, collection of fodder and other community uses;
■ Loss of trees with religious and/or spiritual significance;
■ Loss of common land for recreational activities;
■ Parts of the common land are being used to house stray/abandoned cattle (awara gai, unproductive milch cows) – rounded up from other villages and left to graze in the open here
Impact on land under
traditional ownership
and/or customary rights of
social groups who may be
considered as indigenous
peoples
■ Applicable
■ Impact on land under traditional ownership and/or customary use;
■ This impact is likely to be limited to three villages (i.e. Badi in Neemuch, Ladwan in Agar and Parsula in Shajapur);
■ An Indigenous Peoples Development Plan (IPDP) has been separately prepared to assess these impacts and develop mitigation measures;
Impact on vulnerable
households27
296 vulnerable
households – Unit 1, 2
and 3
156 vulnerable
households - Unit 4 and
5,
245 vulnerable
households Unit 6,7, and
8,
Transmission Line Segments up to the two ISTS substations at Neemuch and Agar
Impact on private land
under towers
■ Easement rights for the tower footprint will entail loss of any assets on land under the tower footprint and change in its current land use which may have been used for cultivation;
■ Land owners will retain title to their private and/or patta land.
Restrictions on private land
due to RoW easement and
clearance
■ Easement rights will be procured on private land parcels under the transmission line RoW;
■ Fixed assets (e.g. trees above a certain height) within the RoW will be impacted;
■ Additional restrictions will be imposed for private land within the RoW as per the requirements of the Electricity Act, 2003 and the Indian Telegraph Act, 1885;
Construction phase
Damages
■ Damages to standing crops and/or trees during tower and transmission line construction including erection of towers and stringing of transmission lines, other construction phase temporary land requirements for laydown areas, storage, labour camps, aggregate sourcing, etc.
Specific impacts linked to
household surveys
■ Private and patta land owners with land parcels of over 0.1 ha (or 1000 m2) who will be impacted by land use restrictions;
■ Private and patta land owners with land parcels less than 0.1 ha (or 1000 m2) who may be relatively adversely impacted or differentially impacted as compared to the above categories;
■ Land users who may be economically displaced due to their cultivation of land under tower footprint (private/patta and government land).
27 The criteria for vulnerable households will be context and impact specific for each of the three projects, however, the intent or principle is to identify potential households (and not individual household members) that may face differential impacts or who may be more adversely affected by displacement than others or who may be limited in their ability to claim or take advantage of resettlement assistance.
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Finally, the land requirement and allotment has impacted land area across the 25 villages as follows:
For Neemuch Solar Park: Land area (government and private) of three villages will be impactedby the project. Of the three affected villages, Badi and Bardavada will have less than 60% of theirtotal land area remaining;
For Agar Solar Park: Land area (government and private) of 11 villages will be impacted by theproject. Of the 11 affected villages, Umariya will have 44% of its total land area remaining. Theother villages will have between 71% to 97% of their land area remaining;
For Shajapur Solar Park: Land area (government and private) of 11 villages will be impacted bythe project. Of the 11 affected villages, none are likely to have a significant impact as balance orremaining land ranges from 69% to 97%.
For Neemuch and Agar, the implications of loss of land for the village in terms of access to ecosystem services; any access roads and/or easements (e.g. wajib-ul-arz) have been assessed as part of the ESIA and are covered as mitigation under IFC PS 1 and OP 4.10.
6.2 Scope
The proposed entitlement matrix applies to involuntary physical and economic resettlement impacts for the land required for the 1500 MW project footprint and associated infrastructure that may be permanent by way of:
Private/patta land purchase which includes severance of access rights, such as easements orrights of way;
Allotment and change of use of government land in view of local community dependence onCPRs; and
Permanent restrictions on use under towers and TL RoW.
The land footprint has been assessed to be sufficient for all temporary and/or permanent land requirements of the solar power developers and their contractors. Should additional land be required, this will be procured following the avoidance and optimisation criteria applied and using the principles established under the proposed entitlement matrix for RUMSL’s consideration.
6.3 Principles
RUMSL’s proposed entitlement matrix for the 1500 MW project and associated infrastructure will be interpreted and implemented in conformance to the following principles:
The RAP & LRP for the 1500 MW project and associated infrastructure will be interpreted and implemented in conformance to the following principles:
Impact avoidance and minimization have already been undertaken for the land footprint of thesolar parks across Neemuch, Agar and Shajapur; however, for the transmission line alignments;while the route has been finalised there may be opportunities for optimization as specificlocations of towers will be known after a check survey on-ground. Thus the final land requirementshould consider avoidance of all physical displacement and minimizing the requirement of privateand/or patta land, and aligning the tower base at the edge of a small agricultural plot rather thanin the middle (as relevant); While private land (and patta land under unavoidable circumstances)will be procured under the MP Mutual Consent-based Land Purchase Policy (2014), as the landtransaction has been categorised as negotiated settlement, entitlements under the proposedentitlement matrix along with eligibility for livelihood restoration will need to be extended to privateand patta land owners as discussed in the entitlement matrix to have a consistent approach;
As the MP Mutual Consent-based Land Purchase Policy (2014) provides for patta land to beprocured only under unavoidable circumstances and as no further optimization is possible, a land
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swap should be considered by RUMSL for patta land owners as the first option. RUMSL has confirmed that land swaps for patta land are not feasible for this project;
Compensation for all impacted land under private ownership and assets thereon will be based onthe principle of full replacement cost
Occupiers of government land (encroachers/squatters) will not be eligible for compensation forland, however, they will be eligible for compensation of assets thereon and other entitlements, asrelevant and as described below;
The proposed entitlements will only apply to private and collective entities and not anygovernment institutional entities or public entities that may have impacted assets within theproject boundary;
All payments, for purchase of land (private and patta ), including compensation for loss of assets,structures, trees, etc. will be made prior to physical possession of land for the commencement ofearly works and any civil construction works;
All payments in terms of compensation or allowances identified in the ESMF will be adjusted forinflation for 2020-2021 (refer to Section 7);
Mitigation of the loss of common property resources will consider compensation at a communitylevel and may be linked to the livelihood restoration plan for the specific village (whereappropriate) from where government land has been allotted to the project;
Affected livelihoods will be restored as a minimum, or preferably improved, through the LRP;
RUMSL will put in place a mechanism for informed consultation and participation to discloseinformation related to the project impacts and entitlements based on principles provided in thestakeholder engagement plan for the ESIA. These principles will be refined during the earlyimplementation and will be elaborated as part of a more strategic Stakeholder Engagement andCommunity Outreach Plan (SECOP);
A timely, effective and accessible grievance redressal mechanism will be established to cover allstages of the project as defined in this RAP&LRP;
The implementation of the RAP&LRP will be monitored in terms of its impacts, process andoutcomes, as specified in the Monitoring and Evaluation Framework (Section 12).
6.4 Proposed Entitlements
The following types of entitlements have been proposed:
In-kind compensation: Certain types of project affected entities (i.e. physically displacedhouseholds) have been considered for in-kind compensation for loss of residential structurebased on either being compensated for land under title and/or for consideration under housingscheme under the PM Awas Yojana, or similar provisions. In either cases, RUMSL will facilitateprovision of awaas patta with security of tenure. Similarly, for the loss of fruit trees, in-kindcompensation through the provision of saplings for certain maturity categories of fruit trees, hasbeen identified for the project affected entities. Early discussions on land swap for patta landowners was considered with RUMSL, but was not found to be feasible and has thus not beenincluded as an in-kind compensation measure;
Cash Compensation: Cash payments/compensation (as relevant for private and patta land andassets thereon, or assets on occupied land) will be provided at full replacement cost for the landand assets thereon (for private/patta land) and for assets and land improvement (for use ofgovernment land), if applicable. For this purpose, RUMSL will deposit the amount with the districtadministration, who will then be responsible for disbursing the same to the PAEs in keeping withthe provisions of MP Consent based Land Purchase Policy 2014 ;
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Allowances: Allowances proposed under the ESMF (e.g. subsistence allowance, rehabilitationgrant etc.) and transition allowance (IFC PS5) for income loss will be provided to offset incomeand livelihood dependence as well as disturbance and/or disruption for titleholders and landusers;
Livelihood Support: RUMSL will initiate livelihood restoration programs for each project location,for the affected persons, to restore and/or improve livelihoods as compared to current/pre-projectlevels for a period of two (2) years; and
Community Compensation: Community investment/support strategies will be provided to offsetimpacts of land availability for villages and loss of common property resources resulting fromgovernment land allotment and land use change.
In addition, as a part of the separate FPIC process, additional entitlements will be provided to indigenous communities and these will be documented in an Indigenous Peoples Development Plan (IPDP).
Note: Eligibility for consideration under the entitlement matrix is based on the following:
Discrete survey completion dates were established for the villages across solar parks. Thesesurvey completion dates were used to identify likely impact categories over and above privateand patta land owners and any potential opportunistic encroachers and squatters for the villageswhere resettlement surveys were undertaken are not to be considered (provided this is validatedby the drone imagery and village informants);
The dates for the survey completion meeting can be considered as a cut-off date only to identifynature of impacts and categories of impacts. As the project is not formally initiating landacquisition and in view of the parallel government allotment process; these survey completiondates cannot be considered as a formal cut-off date to recognise rights and titleholders/non-titleholders in view of the following:
- Land titles can still change due to any potential transactions and buying and selling up tocommencement of the procurement process under the MP Mutual Consent-based LandProcurement Policy (2014). It is understood that RUMSL is not likely to notify the districtadministration to freeze any land transactions;
- The survey process, may encourage opportunistic use of the government land;
In view of the above, for households that could not be covered as part of the resettlementsurveys; RUMSL will have to put in place the following process elements during RAP and LRPimplementation28:
- For land owners (private and patta): Households of land owners that could not be surveyedcan be covered as part of the engagement process during land procurement;
- For informal users (encroachers and squatters): As part of physical land access, additionalhouseholds of informal users can be identified and thereafter surveyed provided they candemonstrate that the occupation and use of government land predates the survey (this can beconfirmed through drone imagery of December 2019-January 2020 available with RUMSL,records of the local patwaris linked to any fines or notices that may have been issued as wellas through village leaders).
For the transmission line, presently, no high resolution imagery/data has been procured for the area of influence along the 8 segments. Representative sample surveys were undertaken to determine the categories of impacted entities and patterns of land use. It is understood that the specific eligibility for consideration of impacts will only be determined during the check survey process once the contractor
28 This scope is included in the ToR of the Resettlement Implementation Consultant provided as an appendix in Volume I.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND
ENTITLEMENT MATRIX
finalises and optimizes the tower footprint (with consequent change along the alignment) and thus, the owner and/or user as on date of the survey will be considered for compensation. Thus, the actual cut-off date for eligibility will be the land ownership confirmation and informal users of directly impacted assets found at the time of the check survey by the contractor.
6.4.1 Entitlement Matrix
The following table provides the Entitlement Matrix for the 1500 MW project and the transmission line based on the principles identified above, identification of nature and category of impacts and impacted entities and based on an extension of entitlements provided in the agreed ESMF (2017) for the Project:
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Table 6.2 Proposed Entitlement Matrix for the 1500 MW Project
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Solar Project Footprint
Purchase of
Private Land by
the government
using the MP
Consent-based
Land Purchase
Policy (2014)
Land owners and/or
titleholders of
parcels within the
project footprint
Unit 1: 06
Unit 2: 35
Unit 3: 58
Unit 4: 36
Unit 5: 78
Unit 6&7:45
Unit 8:40
Based on the
ownership
information
within land
records
Submission of the initial
offer will consider a lump
sum amount of twice the
market value of the land
and assets thereon
■ Submission of the initial offer will consider the following:- A lump sum amount of twice the market value of the land and assets thereon as per the provisions of the MP
Consent Land Policy (2014);- If after purchase of the land required for the project residual land is economically unviable, the land owner will
have the choice of either retaining it or selling the remaining land parcel to the project (ESMF 2017);- If the private land owner procures additional land in the same district within one year of the date of payment of
compensation, stamp duty and registration charges incurred will be reimbursed (ESMF, 2017);- Eligibility to titleholders for the following ESMF benefits:
Subsistence allowance of INR 36000 as one time grant (ESMF, 2017); One time rehabilitation grant of INR 500,000 (ESMF, 2017).
- Adult members of the Household of the land owner will be eligible for inclusion in the livelihood restorationprogramme
It is understood that the base rate for
land valuation will be determined by the
District Collector in accordance with the
MP Market Valuation Act (2000), as
amended where annual guidelines are
published (see most recent example for
2019-202029.
In accordance to the ESMF, given that
land for land is not feasible, cash
payment for the land at market value
will take into consideration Section 26
of the LARR Act, 2013. A qualitative
comparison of the aspects that are
considered for market valuation are
provided in Section 7.
Purchase of
Patta Land from
Titleholders that
have taken
possession
[only Neemuch
and Shajapur]
Land owners and/or
titleholders of patta
land parcels within
the project footprint
Unit 1: 57
Unit 2: 39
Unit 3: 09
Unit 4: 33
Unit 5: 0
Unit 6 &7:0
Unit 8:7
Based on the
ownership
information
within land
records
MP Consent Land
Policy (2014) requires
procurement of patta
land only in
unavoidable
circumstances;
Should the same be
required, submission
of the initial offer will
consider a lump sum
amount of twice the
market value of the
land and assets
thereon
■ Submission of the initial offer (since land swap is not feasible) will consider:- Submission of the initial offer will consider a lump sum amount of twice the market value of the land and assets
thereon will be provided as per the provisions of the MP Consent based Land Purchase Policy (2014);- If the remaining land after purchase of the required land, is economically unviable, the landowner will have the
choice of either retaining it or selling the remaining land parcel to the project;- If the patta landowner procures land in the same district within one year of the date of payment, stamp duty and
registration charges incurred will be reimbursed (ESMF, 2017);- Eligibility to titleholders for the following ESMF benefits:
Subsistence allowance of INR 36000 as one time grant (ESMF, 2017); One time rehabilitation grant of INR 500,000 (ESMF, 2017);
- Adult members of the Household of the patta land owner will be eligible for inclusion in the livelihood restorationprogramme.
Same as above
Note: Some of the solar parks have
seen informal land transactions of patta
land parcels where the bhumiswami on
record is still the original allottee.
RUMSL can liaise with the Patta holder
(on record) and the District Cllector’s
office to facilitate the documentation
and legal record of any such transfer to
reflect the current functional owner.
Entitlements will be provided to the
current functional owner after they are
reflected in the records, otherwise, the
owner on record will be eligible.
The District Collector may consider
providing permission to register the
formal transfer of title based on agreed
criteria, so that the payment can be
made accordingly and the original
allottee, if landless can be provided
alternate patta as a safeguard
Purchase of
Patta Land from
Land owners and/or
titleholders of patta
Based on the
ownership
■ MP Consent LandPolicy (2014) requiresprocurement of patta
■ Submission of the initial offer will consider:- Submission of the initial offer will consider a lump sum amount of twice the market value of the land and assets
thereon will be provided as per the provisions of the MP Consent Land Policy (2014);
Same as above
29 https://www.mpigr.gov.in/pdf/GuideLineReport2019-20/Sub_Clause_2019_20.pdf
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Land Owners
that are yet to
take possession
(predominantly
in Neemuch)
land parcels within
the project footprint
Unit 1: 0
Unit 2: 0
Unit 3: 0
Unit 4: 0
Unit 5: 0
Unit 6:0
Unit 7:0
Unit 8:0
While presently no
PAHs have been
identified, this
category is retained
in case there are
any impacts
identified later
based on the
completed surveys
information
within land
records
land only in unavoidable circumstances;
■ Should the same berequired, submission of the initial offer will consider a lump sum amount of twice the market value of the land and assets thereon
- If post acquisition, residual land is economically unviable, the land owner will have the choice of either retaining itor selling the remaining land parcel to the project;
Note:
■ No subsistence allowance or rehabilitation grant or livelihood restoration has been offered in lieu of no dependence asthe patta land possession (and therefore use) has not occurred
■ Any user of such land parcels will be considered as an informal user and will be eligible for due entitlements based onthe nature of use of land .
Loss of land
accessed by
informal users
(encroachers/
squatters for
agriculture/
cultivation
Encroachers and
squatters who are
using private, patta
and/or government
land
Unit 1: 29
Unit 2: 13
Unit 3: 40
Unit 4: 55
Unit 5: 72
Unit 6 & 7: 227
Unit 8:63
PAH/PAP
identified during
the resettlement
survey as of the
survey
completion date
as well as any
that may be
identified during
the land access
process based
on being able to
establish use
before the
surveys
commenced
There is no provision to
compensate land users in
the MP Land Revenue
Code (1959) for use of
government land or in the
MP Consent Purchase
Policy (2014) for the use of
private land (squatters/
encroachers).
Any squatters on
government land or
encroachers on
government land parcels
are required to pay fines to
the local tehsil
administration on an
annual or periodic basis
g) Compensation for improvements (including cost for land development, refer to 7) (if any) made on the land at full
replacement cost based on a pro rata land development cost;
h) Compensation for the assets thereon based on the following principles:
■ Residential structures: A lump sum amount for the structure will be derived at full replacement cost considering thenature of construction material and built-up area with reference to rates of the Public Works Department withoutaccounting for depreciation;
■ Non-residential structures (for utilities, storage and/or commercial purpose): A lump sum amount for the structurewill be derived at full replacement cost considering the nature of construction material and built-up area with referenceto rates of the Public Works Department without accounting for depreciation;
■ Boundary wall: A lump sum amount for the boundary wall will be derived at full replacement cost considering thenature of construction material and volume with reference to rates of the Public Works Department without accountingfor depreciation;
■ Bore well or other irrigation arrangement: A lump sum amount for the type of irrigation arrangement and/or bore wellat full replacement cost with reference to rates of the Public Works Department without accounting for depreciation;
■ Standing Crops: Replacement cost for the loss of standing crops is calculated as the average yield (kg/ha) reported ata district level for three consecutive years multiplied by the peak retail price for those years for the affected crops(INR/kg) multiplied by the field acreage (ha)
■ Fruit Trees: Replacement cost for fruit trees is based on the average yield per tree, the retail price of harvestedproducts and the number of years it would take to bring a new tree into full production stage. The value takes intoaccount the planting costs and the residual value of the timber;
■ Forest/Fodder/Timber Trees: Replacement cost is based on the unit rates for volume suggested in the MP MarketValuation Guidelines;
i) Extension of subsistence allowance of INR 36,000 as one-time grant in lieu of transition allowance to buffer impacted
livelihood and nature of income that is specific to assets impacted on the land;
These entitlements will be provided
based on the entities identified as on
the survey completion date irrespective
of land ownership and tenure
arrangements and/or duration of use
and/or any local dynamics that induce
informal land use (i.e. elite capture
and/or vulnerable social groups
accessing land due to landlessness).
Entities who may not be physically
present during the resettlement surveys
can approach RUMSL for consideration
through the grievance mechanism (e.g.
for certain villages in Agar, Unit IV)
No specific distinction has been made
between types of land tenure or land
use arrangements such as lease
holders, sharecroppers or renters
among the land users
Persons with no recognizable legal
right or claim to the occupied land, are
not entitled to compensation for land
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
j) The land user will be given adequate notice of at least three months prior to land access to salvage any material and/or
crops and/or timber/wood (ESMF, 2017)
k) Households of the land users that are assessed as vulnerable will be provided a one-time financial assistance of INR
50,000 as per the ESMF 2017
l) Eligibility for Livelihood Restoration
(including any informal owners of patta
land)
Physical
Displacement of
Households
Approximately 20
households have
been assessed as
physically displaced
across Agar and
Shajapur.
Unit 1: 2
Unit 2; 0
Unit 3: 21
Unit 4: 4
Unit 5: 1
Unit 6 &7:14
Unit 8:4
Any household
whose primary
residence
(isolated/
scattered) is
located within or
next to an
agricultural land
that is within the
project footprint
There are no additional
rehabilitation benefits
h) RUMSL will provide assisted relocation support to the PAH as per the relevant scenarios described below:
■ Scenario 1: Where physically displaced households with formal rights to impacted land identify and purchase land andintend to construct a new house and/or refurbish an existing houseRUMSL will facilitate the provision of security of tenure for homestead land;
■ Scenario 2: Where physically displaced households without formal rights to impacted land are identified, RUMSL willassist in providing an ‘awaas patta’ with security of tenure through linkage to existing government schemes (dependingupon feasibility), for instance the Pradhan Mantri (PM) Grameen Awas Yojana In either of the two scenarios, efforts willbe made to ensure that the security of tenure considers both the head of household and spouse;
i) Compensation for land (if applicable) and structures (at full replacement cost and without deducting depreciation);
j) The following allowances and grants as rehabilitation benefits in accordance to EMSF, 2017:
■ Subsistence allowance of INR 36,000 as one time grant (ESMF, 2017);
■ One-time financial assistance of INR 50,000 as shifting allowance (ESMF, 2017);
■ Each affected family that is displaced and has livestock, shall get financial assistance of INR 25,000 for construction ofcattle shed (ESMF, 2017);
■ One time grant of INR 50,000 as resettlement assistance (ESMF, 2017);
■ Each affected person within a physically displaced household who is a rural artisan, small trader or self-employedperson shall get a one-time financial assistance of INR 25,000; and
■ One time grant of INR 5,00,000
k) Eligibility for Livelihood Restoration;
l) Right to salvage material from the demolished structures;
m) Three months’ notice to vacate structures (provided alternate accommodation is made available);
n) Preferential and merit-based consideration for local employment and procurement opportunities.
Note:
■ No specific partially impactedstructures have been inventoriedas per the survey;
■ No specific registered lessees ortenants were encountered;
■ Should urgent land access berequired before the rehabilitationhouse is ready, RUMSL willprovide temporaryaccommodation;
■ The resettlement package offeredto physically displaced householdswill need to consider anyduplication (for example, if they arelocated on land that is eligible forthe INR 500,000 and subsistenceallowance of INR 36,000 as privateand/or patta land owners), they willnot be paid the same amount twice
Impacts of
business
disruption to
petty
commercial
entities
Approximately 10
across Agar and
Shajapur
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6 &7:4
Unit 8:0
Any PAE whose
commercial
entity is also
impacted due to
being located on
affected land
There are no other
rehabilitation benefits
e) Compensation for the non-residential structure at full replacement cost;
f) One-time financial assistance of INR 50,000 as shifting allowance (ESMF, 2017);
g) One-time allowance in lieu of commercial entity income loss due to business disruption of INR 50,000 as resettlement
assistance (ESMF, 2017)
h) Right to salvage
Economic
displacement
(loss of
Agricultural
labourers engaged
To be based on
a grievance
process with
There is no provision to
compensate land users in
the MP Land Revenue
f) Payment of subsistence allowance of INR 36,000 as one-time grant in lieu of economic transition due to impacted
livelihood
During the surveys, no specific PAE
came forward as being an agricultural
labourer associated with one particular
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
livelihoods) of
agricultural
labourers who
are employed
on the private,
patta or other
occupied
cultivated land
required for the
project
by titleholders and
informal occupiers
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6:0
Unit 7:0
Unit 8: 0
While presently no
PAHs have been
identified, this
category is retained
in case there are
any impacts
identified later
based on the
completed surveys
validation
through land
owners
Code (1959) for use of
government land or in the
MP Consent Land Policy
(2014) for the use of
private land
g)
h) The agricultural labourer will be given adequate notice of at least three months prior to land access to salvage any
material and/or crops and/or timber/wood based on their agreement with the titleholder and/or informal rights holders;
i) Households of the agricultural labourers that are assessed as vulnerable will be provided a one-time financial
assistance of INR 50,000 as per the ESMF
j) Training Assistance of INR 10,000 for income generation per household as per the ESMF.
Note: Based on the above assistance, agricultural labourers that are not informal users will not be eligible for any livelihood
restoration.
land owner and/or land user. However,
the provision has been retained.
Economic
displacement
(loss of
employment) of
workers of
entities affected
by the project
Workers and
labourers engaged
by commercial
entities (e.g. shops
and crushers)
Unit 1: 0
Unit 2: 0
Unit 3; 0
Unit 4: 0
Unit 5: 0
Unit 6 &7:37
Unit 8:0
To be based on
a grievance
process with
validation
through land
owners
There is no provision to
compensate land users in
the MP Land Revenue
Code (1959) for use of
government land or in the
MP Consent Land Policy
(2014) for the use of
private land
d) Payment of subsistence allowance of INR 36,000 as one-time grant in lieu of economic transition due to impacted
livelihood;
e) Households of the agricultural labourers that are assessed as vulnerable will be provided a one-time financial
assistance of INR 50,000 as per the ESMF 2017;
f) Training Assistance of INR 10,000 for income generation per household as per the ESMF.
Note: Based on the above assistance, workers that are not informal users will not be eligible for any livelihood restoration.
Certain commercial entities (e.g.
crushers) may have sought a stay and
the matter may be sub judice. It is
understood that these commercial
entities will be separately covered by
RUMSL and are not under the scope of
the entitlement matrix.
Impact on
common
property
resources, loss
of community
assets or
infrastructure
25 villages across
the three solar
parks
- Avoidance criteria provided
under the MP Land
Revenue Code (1959) -
processes to manage
consent if Nistar land not
avoided
d) Assess feasibility of avoidance during physical land access;
e) Creation of alternate commensurate community infrastructure/facility if avoidance and replacement are not feasible
f) Provision of easements shall be maintained in order to not sever the access to CPRs for the community
-
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Economic
displacement
impacts due to
reduction in
common
property
resources- Loss
of grazing areas
Recognised or non-
recognised
Households
within all
affected villages
that use
government land
for grazing,
specific
measures for
more
significantly
affected villages
The Land Code specifies
avoidance (stated earlier)
and a minimum area to be
set aside for grazing (2% of
total agricultural land of the
village).
Responsibility of the
District Collector to ensure
that at a minimum, 2% (of
agricultural land) is
available for open grazing
(charagah/charnoi), and if
this is not so, make
adequate allocations to
make good on the
minimum requirement, by
designating other suitable
government land
Implementation of the Grazing Management Plan which includes:
d) Provision for alternate grazing land for livestock near the project villages that are most significantly impacted, for
identified villages;
e) Creation and development of alternate CPRs (grazing land and resources) with adequate access provisions for the
user community;
f) Associated livelihood restoration initiatives.
ESMF: There is no provision of
compensation for community level
impacts eg., Grazing land
Impacts on
natural
resources of
indigenous
communities
Recognised groups
in the project area
assessed to be
indigenous peoples
Participatory
resource
mapping under
the FPIC study
- Provisions of the Indigenous Peoples Plan The IPDP implementation may be
linked or implemented along with the
LRP
Vulnerable
Households
Certain households
among the project
affected entities
have been
assessed to be
vulnerable by
revisiting the ESMF
criteria for
vulnerable30 families
with relevance for
the project/site’s
context
Unit 1: 11
Unit 2: 13
These
entitlements
refer to the
additional
process
elements to be
extended to
those
households that
are assessed as
vulnerable
There is no provision of
giving special assistance to
vulnerable households as
per the consent purchase
policy
d) All applicable compensation and other entitlements as per the category of impact or loss of fixed asset at full
replacement cost, without depreciation;
e) Preferential and merit-based consideration for local employment and procurement opportunities; and
f) Support and follow up by RUMSL’s social mobilizers to access benefits and entitlements
RUMSL will need to put in place a
process safeguard to monitor and track
vulnerable households and to ensure
that they are made aware of the
entitlement on preferential
consideration for formal employment
and local contracting requirements
through solar power developers
30 As per ESMF, the vulnerable people are those: - Those people falling under Below Poverty line category as defined by the state government;- Member of Scheduled caste/tribe community/other backward community;- Women Headed households;- Senior citizen-person above the age of 60 years;- Landless; and- Village artisan.
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Unit 3: 4
Unit 4: 10
Unit 5: 45
Unit 6:14
Unit 7:30
Unit 8:10
Transmission Line Project Footprint
Private and
patta land parcel
for the tower
footprint though
the ownership
will remain with
the original
owners
Titleholders of the
private and patta
land
Land ownership
documentation
The Ministry of Power
Guidelines provides for
85% of the land value
which has also been
ratified by the Government
of Madhya Pradesh on 1
April 2019
f) 85% of the land value will consider replacement cost as the base based on rates (to the extent applicable) determined
as part of the MP Mutual Consent based Land Purchase Policy (2014);
g) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the tower footprint due to direct impacts;
h) Resettlement assistance of INR 50,000 for those land owners under the tower footprint that have land parcels of area
up to 0.1 ha;
i) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017;
j) If the household of the titleholder faces cumulative impacts by also being affected by the solar park, they will be eligible
for livelihood restoration
ESMF does not provide any separate
entitlements for transmission line
impacts
Private or patta
land under the
Right of Way for
the transmission
line, though the
ownership will
remain
unchanged
Titleholders of the
private and patta
land
Land ownership
documentation
The Ministry of Power
Guidelines provides for
15% of the land value
which has also been
ratified by the Government
of Madhya Pradesh on 1
April 2019
e) 15% of the land value will consider replacement cost as the base based on rates (to the extent applicable) determined
as part of the MP Mutual Consent based Land Purchase Policy (2014);
f) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the 13 m RoW in view of construction access, stringing, or safety and set back considerations;
g) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017;
h)
In view of the scale of impacts for a 220
KV right of way of 13 m and as
cultivation under the alignment may
continue, no livelihood restoration or
transition allowance has been provided
Crops and/or
assets as
damage during
construction
Owners of the
assets who may be
owing and/or using
land
Identification
during land
access and
construction
Damage compensation as
per
■ Section 10 and 16 ofthe Indian TelegraphAct, 1885;
■ Sections 67 and 68 ofthe Electricity Act,2003
■ Government Order ofGoMP dated 1 April2019 requires thecollector to determinerates
Damage compensation for the crops and/or assets will consider the provision of full replacement cost as provided above RUMSL will suggest the replacement
cost values as provided through the
Market Valuation for the Collector’s
Consideration
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PROPOSED RESETTLEMENT AND LIVELIHOOD RESTORATION POLICY AND ENTITLEMENT MATRIX
Type of Asset
Affected
Impacted Project
Affected Persons
and Households
(PAP/PAHs)
Eligibility
Criteria
Provision under the MP
Consent Land Policy
(2014) and MP Land
Revenue Code (1959)
Proposed Entitlements on the basis of the ESMF and applicable international standards Remarks
Informal users
of the
transmission
line tower
footprint
Approx. 65
households
Identification
during land
access and
construction
No specific consideration d) Compensation at full replacement cost for any fruit and/or forest trees that need to be cut and/or non-residential
structures that need to be shifted in accordance to the provisions of the Electricity Act, 2003 to procure easement for
the 13 m RoW in view of construction access, stringing, or safety and set back considerations (if owned by the informal
user);
e) One-time subsistence allowance of INR 36,000 in lieu of loss of livelihood due to economic displacement;
f) If the household is assessed to be vulnerable, an additional one-time financial assistance of INR 50,000 as per the
ESMF 2017.
The project will avoid duplicating
allowances for land owners who also
use their parcels
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MARKET VALUATION FRAMEWORK
7. MARKET VALUATION FRAMEWORK
7.1 Approach and Methodology
This RAP and LRP Volume (along with supporting Volume II documents) is a management plan of the ESIA for the 1500 MW project and associated infrastructure, which has been developed prior to the initiation of land procurement. It is expected that RUMSL will align the principles and strategies proposed in this document to the overall approach it puts into place to procure private and patta land under the MP Consent Land Policy (2014) and to take allocated government land under possession as per any relevant provisions of the MP Land Revenue Code, 1959 (as amended), among other regulatory requirements.
In parallel to the resettlement surveys for this RAP and LRP, available secondary information at a district level for Agar, Shajapur and Neemuch was reviewed and compiled in order to arrive at market
valuation principles for RUMSL’s consideration which may be used to arrive at ‘replacement cost (31)
for the affected categories of land and assets. The following illustrative approach summarises key tasks/activities put in place to develop market valuation principles that are outlined in this Section:
Figure 7-1 Activities to develop the Market Valuation Framework
It is understood that the data and information collected as part of the resettlement planning surveys are indicative and that district authorities will undertake their own field data collection and validation exercise to prepare an inventory of land and assets. In accordance to the MP Consent Land Policy (2014), the District Collector will guide the valuation of the land and immovable assets to determine
(31) IFC PS 5 (2012) Guidance Note – Foot Note 7: Replacement cost is defined as the market value of the assets plus
transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
Market value is defined as the value required to allow Affected Communities and persons to replace lost assets with assets of
similar value.
Compilation of likely unit cost parameters based on the
Household Survey and Land and Asset Survey Tools
Identification of a typical set of potentially affected land
and asset categories on the basis of satellite imagery
Meetings with key stakeholders across district
revenue departments
Collection of field data by the agronomists, land valuation
experts and engineers
Compilation of Circle Rates for two consecutive financial years (2019 and 2020) for
land and structures
Review of available rates across land, assets, horticulture, Forest
Deparment and agricultural mandi rates as well as MP
Market Valuation Guidelines (2020-2021)
Discussion with RUMSL on the proposed approach to valuation through the MP Consent Land Policy and
provision of sample calculations
Analysis of sources used for rates, available data and
development of reference rate compendium
Documentation of approach and principles through this
Market Valuation Framework (This Chapter)
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MARKET VALUATION FRAMEWORK
base rates which will be considered as part of the initial offer with inputs from the Public Works Department (PWD), Horticulture Department and the Forest Department.
Annual Market Valuation Guidelines; published by the Government of Madhya Pradesh in accordance to the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000 or MP Market Valuation Rules, 2000 (as amended); will be used by the District Collector as an input to determine base rates. This section has also referenced any rates that have been provided as guidance in the MP Market Valuation Provisions, 2020-2021 (http://www.mpigr.gov.in/docs/Upbandh_2020-21.pdf).
This Market Valuation Framework has compiled available information as well as reviewed the same and has suggested additional safeguards that can be considered by RUMSL and the District Collector while determining base rates.
7.2 Replacement Cost for Land Valuation
In accordance to the MP Market Valuation Rules, 2000; every year, the Inspector General of Registration publishes ready reckoner rates based on data and information that is gathered by each District Valuation Committee. These ready reckoner rates are to be effective from April of that financial year and reflect data from the previous financial year. Ready reckoner rates are published for each revenue village for land and consider the following factors:
Classification of the land type in government records;
Whether irrigated or unirrigated, in use or not in use;
Productivity of the land, distance from the road and market, elevation of the land parcel, modes oftransport, irrigation systems/facilities available for the land parcel
Types of crops produced (if any) on the land parcel
Commercial and/or industrial purpose trends.
The following table summarises ready reckoner rates for the project villages for two consecutive financial years, i.e. 2019-2020 and 2020-2021:
Table 7.1 Comparison of Ready Reckoner Rates for Land
Village Solar
Park
Unit
Rates (2019-2020)/ha Rates (2020-2021)/ha % Difference
Irrigated Unirrigated Irrigated Unirrigated Irrigated Unirrigated
Badi 1/2/3 651200 325600 651200 325600 0.00% 0.00%
Kawai 1/2/3 633600 316800 633600 316800 0.00% 0.00%
Bardawada 1/2/3 968000 484000 968000 484000 0.00% 0.00%
Ladwan 4 1280000 720000 1280000 720000 0.00% 0.00%
Karwa Khedi 4 976000 488000 976000 488000 0.00% 0.00%
Dudhpura 4 800000 480000 800000 480000 0.00% 0.00%
Kasai
Dehriya 4 880000 480000 880000 480000 0.00% 0.00%
Pipliya
Kumhar 4 1440000 800000 1440000 800000 0.00% 0.00%
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MARKET VALUATION FRAMEWORK
Village Solar
Park
Unit
Rates (2019-2020)/ha Rates (2020-2021)/ha % Difference
Irrigated Unirrigated Irrigated Unirrigated Irrigated Unirrigated
Madhopur 4 683200 378400 1000000 800000 46.37% 111.42%
Bijnakhedi 4 1095200 616000 880000 720000 -19.65% 16.88%
Umariya 5 808000 403200 808000 403200 0.00% 0.00%
Naharkheda 5 986400 572000 986400 572000 0.00% 0.00%
Palda 5 928000 560000 828800 484000 -10.69% -13.57%
Pipliya
Nankar 5 828800 484000 828800 484000 0.00% 0.00%
Bijnakhedi 6&7 1120000 704000 1120000 704000 0.00% 0.00%
Burlay 6&7 1120000 704000 1120000 704000 0.00% 0.00%
Chouma 6&7 1200000 800000 1200000 800000 0.00% 0.00%
Dehripal 6&7 1120000 720000 1120000 720000 0.00% 0.00%
Parsula 6&7 1120000 680000 1120000 680000 0.00% 0.00%
Fawaka 6&7 1120000 680000 1120000 680000 0.00% 0.00%
Jawadi 6&7 1512000 856800 1120000 704000 -25.93% -17.83%
Dhatarwada 6&7 1120000 680000 1120000 680000 0.00% 0.00%
Hanoti 8 1240000 800000 1240000 800000 0.00% 0.00%
Lalupura 8 1240000 840000 1240000 840000 0.00% 0.00%
Surajpur 8 1320000 800000 1320000 800000 0.00% 0.00%
*Source: https://mpigr.gov.in/MarketValueGuideline2020-21.html and https://mpigr.gov.in/MarketValueGuideline2019-20.html
Based on a review of the Draft Good Practices Handbook: Land Acquisition and Resettlement (IFC, 2019), the use of the comparative method can be considered in view of a functional real estate market across Agar, Shajapur and Neemuch. This method requires a review of available government rates, analogue transactions and the rates referred by banks for collaterals along with applicable transaction costs.
Key informant interviews with land revenue officials (SLR and Patwaris) across Agar and Shajapur indicated , prevailing land rates range were reported to be from INR 25,00,000/hectare to INR 30,00,000/hectare for irrigated land and INR 10,00,000/hectare to INR 15,00,000/hectare for unirrigated land usually with some form of road access/location consideration. This was corroborated by village level consultations for irrigated land with paved road access. In addition, the local community also acknowledged that the ready reckoner rates for unirrigated land and land without any paved road access are considered during land transactions. Information to corroborate these rates based on a value of similar land in analogue transactions in the last six months was requested from the Patwari, however, the same has not been made available.
It is also understood that the rates that will be considered for RUMSL’s first offer will need to include certain additional factors as per the MP Market Valuation Provisions (2020-2021). In order to
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MARKET VALUATION FRAMEWORK
determine replacement cost, the following section derives rates/ha for irrigated and unirrigated land to illustrate the incorporation of these factors. In particular:
A flat unit rate for land per hectare across irrigated and unirrigated land categories based on therates 2020-2021 (see Table 8-1) for each of the 8 units based on analysis of the available villagerates; and
Applying multipliers linked to road access and for unirrigated land as per the MP Market ValuationProvisions, 2020-2021 as follows:
- Road - additional 20 percent value linked to any parcels next to or within 20 m from any“other district road”; and
- Additional 25 percent value for all unirrigated and double cropped land in rural areas.
Based on the same, the following rates have been used for the computation of the budget and are ascertained to align with the prevailing market value. In addition, the budget also provides for RUMSL to bear all transaction costs and/or defray the same in order to align to the principles of replacement cost:
Table 7.2 Suggested Rates using comparative method
Unit Average of 2020-2021 Rates/Hectare Indicative Land Rate for
Replacement Cost/Ha
Irrigated Unirrigated 25%
additional for
Unirrigated
double
cropped/ with
irrigation infra
Irrigated Unirrigated
Units 1, 2 and 3
(Neemuch)
862,400 431,200 5,39,000 10,34,880 6,46,800
Unit 4 (Agar) 10,62,857 765,714 9,57,143 12,75,428 11,48,571
Unit 5 (Susner) 907,600 528,000 6,60,000 10,89,120 7,92,000
Unit 6 and 7 (MB) 12,08,889 785,778 9,82,223 18,13,334 14,73,334
Unit 8 (Shajapur) 12,95,000 826,700 10,33,375 15,54,000 12,40,050
It is understood that should negotiations through the MP Consent Land Policy (2014) fail and/or the LARR, 2013 get triggered; the likely components to be considered for compensation are as follows:
Table 7.3 Comparison of Methods
Aspect MP Consent Land Policy LARR, 2013
Base Rate MP Valuation Rules (2000) considered by
the District Collector
Determination of basic market value of land
in accordance with Sub-section (1) of
Section 26 of the LARR, 2013
Application of
Multiplication
Factor for Land
None
(Effectively the same as for LARR 2013+
Rules)
Multiplication factor of 1 applies for Madhya
Pradesh for rural land based on a
notification dated 29 September 2014
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MARKET VALUATION FRAMEWORK
Aspect MP Consent Land Policy LARR, 2013
published in the State Gazette on 3 October
201432
Calculation of
value of assets
Based on inputs from PWD, Horticulture,
Forest Department etc. for structures, trees
and crops
Section 29 of the LARR, 2013 as notified by
the Government of Madhya Pradesh
Provision of
Solatium or
similar
The sub-total of the amount calculated as
above is doubled and included in the Initial
Offer
Amount derived above is grossed up by a
100% Solatium (effectively the same as
double in view of 1 being the multiplication
factor)
Interest None – however, it is understood that any
transaction costs may be defrayed
12% interest is computed on the base rate
as per Section 30(3).
Based on the above comparison, provided the rate considers similar principles that reflect replacement cost (i.e. prevailing market values and any/all transaction costs), there is likely to be no material difference in the compensation to be accrued as per MP Consent Land Policy (2014) and the LARR, 2013 (as amended and notified by the Government of Madhya Pradesh).
7.3 Replacement Cost for Affected Assets
7.3.1 Standing Crops
For Annual Crops, the specific formula used to calculate IFC-compliant compensation rates based on Full Replacement Cost is as follows:
Full Replacement Cost for Annual Crops = [(A x B) + C as 0] x D
Where:
A = Market Value of the Crop per unit of production
B = Yield (Total number of units produced per hectare)
C = Value of agricultural inputs used to produce the crops (Set at zero as input costs areconsidered within the Market Value unless otherwise noted);
D = Area under cultivation
Therefore: Base Compensation Value = [(A*B) +C as 0] and the crop compensation will be calculated by multiplying the same with D.
The following table captures the base compensation value in “hectare” based on data made available across Neemuch, Agar and Shajapur districts:
Table 7.4 Per Unit Crop Base Compensation Values
Type of Crop
MSP (INR/Quintal)
Yield/Productivity (Quintal/Bigha)
Amount (INR/Bigha) Amount (INR/Hectare)
Unit 1-3
Soyabean 3880 5 22500 112500
Wheat 1975 8 16800 84000
Mustard 4200 3 12600 63000
Maize 1850 12 30000 150000
32 http://govtpressmp.nic.in/pdf/part-1/2014-10-03-40.pdf
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MARKET VALUATION FRAMEWORK
Type of Crop
MSP (INR/Quintal)
Yield/Productivity (Quintal/Bigha)
Amount (INR/Bigha) Amount (INR/Hectare)
Onion 4000 10 40000 200000
Potato 3000 15 45000 225000
Beans 6000 5 30000 150000
Garlic 6333 10 63330 316650
Ladyfinger 3000 5 15000 75000
Urad Dal 6000 3.5 21000 105000
Kabuli Chana
5500 3 16500 82500
Black Chana
4500 6 27000 135000
Ground Nut 5275 8 48000 240000
Bajra 2150 12 60000 300000
Jowar 2640 3 9000 45000
Masoor Dal 5100 3 16500 82500
Til seeds 6855 1.5 9000 45000
Unit 4-8
Soyabean 4500 5 22500 112500
Wheat 2100 8 16800 84000
Mustard 4200 3 12600 63000
Maize 2500 12 30000 150000
Onion 4000 10 40000 200000
Potato 3000 15 45000 225000
Beans 6000 5 30000 150000
Garlic 6333 10 63330 316650
Ladyfinger 3000 5 15000 75000
Urad Dal 6000 3.5 21000 105000
Kabuli Chana
5500 3 16500 82500
Black Chana
4500 6 27000 135000
Ground Nut 6000 8 48000 240000
Bajra 5000 12 60000 300000
Jowar 3000 3 9000 45000
Masoor Dal 5500 3 16500 82500
Til seeds 6000 1.5 9000 45000
Note: Market price is based on a review of available mandi rates and 2020-2021 minimum support prices (MSP) for 2020-2021.
7.3.2 Fruit and Timber Trees
The MP Market Valuation Provisions 2020-2021 provide guidelines for the valuation of fruit and timber trees in the state, as follows:
Fruit Trees:
- Fruit trees with a girth of 45 cm and above is INR 10,000;
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- Fruit trees with a girth less than 45 cm can be provided INR 3,000;
Timber trees dependent on an estimated volume based on the girth of 45 cm or more:
- Sagun – INR 50,000;
- Sal/Sheesham/Saja/Other Timber used for building construction – INR 10,000
- Miscellaneous timber trees – INR 5,000
- Timber trees less than 45 cm girth – INR 3,000.
Appendix F provides a comparative analysis of these guidelines against the principles of full replacement cost as per IFC. Certain gaps and differences are assessed for a majority of the fruit trees due to which it is recommended that the rates derived are adopted and for any fruit tree not currently inventoried but that is identified with a girth less than 45 cm, a lump sum of INR 3,000 be considered and for those that are more than 45 cm, a lump sum of INR 10,000 be considered. Finally, an in-kind compensation has also been proposed for all saplings that may be impacted.
7.3.3 Structures
The assessment of replacement cost (per square metre) of the structures were undertaken on the basis of the following:
Primary data collection for Quantity Calculation using Measuring Tape, Photographs, Videos,Optical Sensors, Proximity Sensors, Study of Detailed Drawing of Structures (if available with theowner);
Review and comparison of construction rates based on available 2019-2020 and 2020-2021market valuation guidelines (see table below);
Calculation of built up area in square meters for each structure inventoried;
Categorization of all structures inventoried into either “Reinforced Cement Concrete” (RCC),“Reinforced Brick Concrete” (RBC); “Tin Shed” and “Kutcha”; and
Multiplication of the built-up area with the appropriate per square meter rate for each unit.
Table 7.5 Indicative Construction Costs
Unit Type of Structure 2020-2021 Rates
Per Square Meter
Inflation Adjusted based
on CPI Per Square Meter
Units 1, 2 and 3 - Neemuch RCC 6500 6969
RBC 4500 4825
Tin Shed 3300 3538
Kutcha 2900 3109
Agar (Unit 4) RCC 6600 7077
RBC 4600 4932
Tin Shed 3400 3645
Kutcha 3000 3217
Susner (Unit 5) RCC 6400 6862
RBC 4400 4718
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MARKET VALUATION FRAMEWORK
Unit Type of Structure 2020-2021 Rates
Per Square Meter
Inflation Adjusted based
on CPI Per Square Meter
Tin Shade 3200 3431
Kutcha 2800 3002
Moman Badodiya (Units 6
& 7)
RCC 10000 10722
RBC 8000 8578
Tin Shade 6800 7291
Kutcha 6400 6862
South Shajapur (Unit 8) RCC 6500 6969
RBC 4500 4825
Tin Shade 3300 3538
Kutcha 2900 3109
Note: For Unit 4, minor differences were observed in rates across Ladwan (higher) than all other villages (equal). Hence, Ladwan has been considered. For Units 6 and 7, the rates for Chouma have been considered. For all other units, the rates are common across villages.
A review of rates across 2019-2020 for construction costs per square meter indicate that there is no difference. Hence, the 2020-2021 rates have been inflated based on the available rural inflation rate for Madhya Pradesh as of March 2020 which is 7.22%33.
Based on a review of the General Instructions for Market Valuation for assessment year 2020-202134, it is understood that unit costs consider construction materials used and typical sanitary electrical charges where required based on type of construction material. In addition, it is understood that valuation for the purposes of compensation under the MP Consent Policy, 2014 will consider depreciation of structures. Based on the principles of replacement cost as per IFC PS 5 (2012), depreciation should not be considered.
7.3.4 Other Immovable/Fixed Assets
The information on irrigation and agricultural assets are collected from discussion with local farmers from Agar, Neemuch and Shajapur and secondary data available on: www.agrifarming.in
Table 7.6 Immovable/Fixed Assets
Type of Immovable Asset
Labour cost Material cost Unit Per Unit Cost (INR per unit)
Wire Fencing (400 linear metre length per hectare equivalent)
25000 6000 Meter-Ha Equivalent
31000
Stone Boundary Fencing
30000 1,50,000 Meter-Ha Equivalent
180000
33 http://www.mospi.gov.in/sites/default/files/press_release/cpi_pr_13mar20.pdf 34 https://mpigr.gov.in/MarketValueGuideline2020-21.html
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MARKET VALUATION FRAMEWORK
Type of Immovable Asset
Labour cost Material cost Unit Per Unit Cost (INR per unit)
Bore well (unit cost) 25000 85000 Per unit 110000
Tube well (unit cost) 15000 55000 Per unit 70000
Dug well (unit cost) 30000 20000 Per unit 50000
Hand pump (unit cost)
5000 25000 Per unit 30000
7.4 Calculation of Allowances
The proposed entitlement matrix recommends the use of two kinds of allowances:
Allowances recommended by the ESMF (2017) which will need to be adjusted for inflation up to2020-2021;
Transition allowances for income streams that needs to be derived on the basis of the datacollection for land and asset and household surveys which have considered existing provisionsunder the ESMF and have extended the same as proposed.
The following table provides an overview of the key allowances, their source and the suggested rate that is recommended to be used for all three projects and the transmission line as consistent and standard. These allowances will be provided either at a household level and/or pro rate as per impacted assets:
Table 7.7 Allowances Adjusted to Current Index (March 2021)
S.
No.
Type of Allowance Source Derivation Amount (INR) per
unit, or equivalent
1 Subsistence Allowance of INR
36,000
ESMF 2017 Inflation
adjustment of
base rate
38,949/household
2 Rehabilitation Grant of INR
500,000 (applicable for pvt and
patta land owners only)
ESMF 2017 Inflation
adjustment of
base rate
5,58,686household35,
where the cash and
LRP support will need
to be agreed with
RUMSL as part of
implementation/delivery
arrangements and
capacity
3 Land development cost towards
improvements on land parcels
by users
Based on cost of
unskilled labour and
improvements to
make land arable
Primary Data 45,000/hectare
4 Transition allowance for
agricultural income (applicable
for encroachers/squatters)
Extension of
subsistence
allowance of INR
36,000 as one-time
Inflation
adjustment of
base rate
38,949/user or entity
35 The project to consider the integration and adjustment of this amount with the rehabilitation grant.
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MARKET VALUATION FRAMEWORK
S.
No.
Type of Allowance Source Derivation Amount (INR) per
unit, or equivalent
grant in lieu of
transition allowance
to buffer impacted
livelihood and nature
of income
5 One-time financial assistance to
vulnerable households as INR
50,000
ESMF 2017 Inflation
adjustment of
source
55,869/household
6 One-time shifting allowance to
physically displaced households
as INR 50,000
ESMF 2017 Inflation
adjustment of
source
55,869/household
7 Cattle shed construction
allowance to physically
displaced households as INR
25,000
ESMF 2017 Inflation
adjustment of
source
27,934 /household
8 One time resettlement
assistance at INR 50,000
ESMF 2017 Inflation
adjustment of
source
55,869/household
9 Wage allowance for agricultural
labourers (Unskilled)
Extension of subsistence allowance of INR 36,000 as one-time grant in lieu of transition allowance to buffer impacted livelihood and nature of income
Inflation
adjustment of
base rate
38,949/worker
10 Wage allowance for workers
(skilled worker under Shops and
Establishment)
11 Petty Commercial Entity
Allowance
Based on
resettlement
assistance provided
in ESMF 2017
Inflation
adjustment of
source
55,869/household
12 Training Assistance for Income
Generation at INR 10,000 per
household for those that are not
eligible for livelihood restoration
ESMF 2017 Inflation
adjustment of
source
10,819/household
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RESETTLEMENT HOUSING
8. RESETTLEMENT HOUSING
As discussed in the Section 6 of this report and the associated sections in the park volumes, the project is likely to result in the physical displacement of 46 households across 25 villages in the Neemuch, Agar and Shajapur Solar Park. Based on the household survey and the land and asset survey data, a strategy to implement resettlement housing and rehabilitation has been recommended for RUMSL’s consideration. Based on available satellite imagery of the indicative transmission line alignment across TL1-8; no instances of likely physical displacement under the RoW have been identified.
This section provides the suggested strategy for the resettlement of the households to be physically displaced, and summarises the safeguards needed for compliance to the principles identified in Section 6.
8.1 Context of Physical Resettlement Planning
As discussed in Section 2.1, one of the avoidance measures that was included in the projectdesign and footprint optimization was the avoidance of settlements and habitation clusters andconsequently, physical displacement. As a priority, the clusters of structures were avoided andcarved out of the project boundary. However, the optimized project footprint still has isolatedand/or scattered residential structures within agricultural land parcels and/or next to patta landparcels. These are either directly impacted and/or impacted through induced displacement andcannot be further optimized/excluded without affecting the project layout plan;
As identified in the RAP&LRP surveys, the present project footprint will result in the physicaldisplacement of 46 PAHs due to an impact on their residential structures. Of these PAHs, 42 willbe directly impacted as their residential structures are within the project footprint, while 6 arelikely to be impacted by induced displacement. This is because, while the actual residentialstructures of these 6 households are outside the project boundary, they wish to relocate due tothe following: ‘
- The residential structures will fall within the solar park, thereby affecting the households interms of being visually and physically surrounded by the park, being more exposed to , airand noise pollution during construction, disruption of access & social connections andlivelihoods;
- 26 PAHs constructed their residential structures in the specific location to be in the vicinity oftheir agricultural fields. While these structures have been avoided, as the agricultural land willbe impacted by the project, the PAHs will need to relocate elsewhere, to be closer to theirother sources of livelihood.
In term of their socio-economic profile, these PAHs vary in terms of social groups and do notbelong to any one dominant community. Of the 46 PAHs, 12% are women headed households,and 44% are OBC category households (Gujjar community). The average household size is of6.2. The primary livelihood source for these households is agriculture. The average annualincome across these households is INR 260,259.
It should be noted that at the time of the resettlement surveys, it was understood that all physicaldisplacement would be avoided. Thus, as part of the household surveys, no feedback was soughton the resettlement options and preferences of the impacted households. Since then, it has beenestablished that these structures cannot be avoided. Subsequently, this feedback will be soughtfrom these households on the resettlement options as part of the implementation preparation forthe RAP&LRP. The present options are for RUMSL’s consideration;
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8.2 Resettlement Housing and Rehabilitation Assistance: Assisted Relocation
Assisted relocation has been suggested as the approach to provide resettlement housing adhering to the principles of security of tenure, relocation assistance that can be feasibly implemented in view of the scattered nature of physical displacement and displaced persons’ preferences (as elicited during resettlement surveys) with respect to relocating in pre-existing communities.
Assisted relocation considers two scenarios to determine the level of safeguards and/or support to be provided by the project:
Scenario 1: Where physically displaced households with formal rights to impacted land identifyand purchase land and intend to construct a new house and/or refurbish an existing house basedon the compensation received; and
Scenario 2: Where physically displaced households do not have formal rights to the land theyinformally use and/or occupy and who will need to be assisted (through existing governmentschemes, or similar).
Assisted relocation has been suggested instead of RUMSL creating a physical resettlement site in view of the following:
- Scattered nature of these households in the agricultural land areas adjoining multiple villages;
- Creation of a common resettlement site would require relocation of these households frommultiple villages into one location, which may adversely impact the existing social structures andties as well as the livelihoods of these households; and
- Assisted relocation also enables the exercise of greater individual preferences and choices andthereby ensuring longer-term acceptance and retention of the replacement house.
8.2.1 Safeguards for Scenario I
For households who will be compensated due to formal land rights as titleholders of patta and private land, RUMSL may consider support recommended in Table 8.1. It is assumed that these households may want to relocate on their own terms and without specific safeguards. This is because households who were residing on their private/patta land or next to their land, will get compensation for land and assets thereon under the MP Consent based Land Purchase Policy 2014.
8.2.2 Safeguards for Scenario II
For households who will not be able to avail of compensation for land, the resettlement process will be undertaken in coordination with the existing government schemes for housing at the central and state level and for RUMSL to facilitate the provisions of security of tenure within the ambit of such schemes. RUMSL has recommended the feasibility of integrating physically displaced households on government land (and who will not be compensated for their land and will thus not have the capital to buy land for resettlement) to be considered under provisions of these schemes.
Based on a review of these schemes, certain issues that impact feasibility and/or inclusion of the household have been considered for RUMSL to work with the GoMP. Thereafter, support suggested in Table 8.1 may be implemented.
Both the MMGAM (Mukhya Mantri Gramin Awas Mission) and PMAY-G (Pradhan Mantri AwasYojana- Gramin) schemes have undergone digitization and the processes are heavily dependentupon the use of smart phones or the internet. Based on the surveys conducted, it is understoodthat the overall literacy levels and comfort with technology is still low amongst the populationabove 35 years of age, with most only owning one feature mobile phones. The households willtherefore need support for availing of these schemes;
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One of the key criteria for qualification under the MMGAM scheme is an annual income belowINR 1.25 lakhs. Based on the household data reported, none of the PAHs who will be physicallydisplaced in Agar and Shajapur Solar Parks qualify under this criteria. In the Agar Solar Park, thePAH reported owning agricultural equipment and a motorized vehicle. In Shajapur Solar Park, 4of the 17 PAHs reported owning agricultural equipment and13 reported owning a means oftransport.. RUMSL will also have to engage with the District Collector and other stakeholders toensure the extension of these schemes, or similar support, to these PAHs;
Both the schemes require an active “Aadhaar” linked bank account. Of the 18 PAHs surveyedwho are being physically displaced, all households reported an active bank account in Agar andShajapur. From the informal discussions, it is understood that most of these accounts are in thename of men. While some women have opened bank accounts, they are mostly non-functionaldue to lack of a nearby bank branch or inability to maintain the minimum balance required. Also,there is a possibility that the PAHs may not have Aadhaar cards or linked their bank accounts tothe same;
In addition to an active bank account and Aadhaar number, for eligibility under the PMAY-Gscheme, a MGNREGA- registered beneficiary job card number and a Swacch Bharat Mission Gregistration number are required. These may not be available with every PAH, and theprocurement of the same may delay the overall process and timeline for resettlement; and
The construction time for these schemes is a minimum of 3-4 months, this may be furtherimpacted by availability of documents; comfort with the digital process and the cooperation of thevarious agencies and stakeholders involved. Any delays in the process are likely to subsequentlyimpact the overall project timelines and budget.
8.2.3 Common Safeguards
Each PAH will be given a three month notice to vacate structures once their chosen/eventual resettlement house is ready (depending upon Scenario I or II) or be given alternate accommodation for the interim period, and be eligible for the monetary grants/ allowances and livelihood restoration measures identified. The PAHs would also be allowed to salvage the material from their existing residential structures.
Section 11 of this report suggests implementation arrangements that include the role of a Resettlement Implementation Consultant (RIC), see Appendix H; and an External Monitoring Consultant (EMC), see Appendix J. The RIC will ensure that physically displaced PAHs do construct their house within a specified period or else the temporary accommodation will become their permanent home and they might use the compensation money for some other purpose.
Lastly, RUMSL will have an obligation to provide monitoring and other oversight assistance, as discussed subsequently which will be undertaken in collaboration with the RIC (internal monitoring) and the EMC. This is based on the assumption that the PAHs would resettle within the same or adjoining villages.
This resettlement process through assisted relocation will be as discussed in Section 8.2.2, each PAH will be given a Minimum Habitation Requirements
This section provides an understanding of the minimum habitation requirements for a residential structures in the villages, based on guidance available in the National Building Code (2016).
Table 8.1 Derivation of Area for each Household
Room Type Area (sq. m /unit Unit Total area (sq. m) per homestead
Main Habitable room >9.0 1 9
Kitchen 3.3 1 3.3
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Room Type Area (sq. m /unit Unit Total area (sq. m) per homestead
Other Dining /occasional
sleeping rooms
6.5 1 6.5
Bath and latrine 1.8 1 1.8
Store 2.2 1 2.2
Sub Total 22.8 5 22.8
Source: NBC Code, 2016. URL: https://bis.gov.in/index.php/standards/technical-department/national-building-code/ Accessed on 1st Nov 2020
This is comparable to the structure dimensions specified under the Pradhan Mantri Awas Yojana –Grameen Scheme as indicated in Appendix G. This includes certain basic amenities and a minimum size of 25 m2. For the sake of parity, it is suggested that 25 m2 is therefore used to classify a housing structure as a minimum habitation.
Based on an assessment of structures in Neemuch, Agar and Shajapur; the following instances indicate that there may be cases of affected households owning structures impacted by the project which are less than 25 m2 and therefore, will not be able to rebuild a minimum habitation structure:
Neemuch:One structure (9 m2) in Badi (Unit 3) of Neemuch falls below the Minimum Habitablestructure requireement
Agar: None in Agar (even though some villages were not surveyed, and hence, this will need tobe validated by the RIC);
Shajapur: 5 structures in Shajapur fall below the Minimum Habitable structure area requirements.
For such households, the cash equivalent of the replacement cost to build a structure of 25 m2 will be considered, which is INR 125,000 (considering average RBC rate of INR 5000/m2). This is assessed to be adequate should they also own private land which will be compensated.
Alternatively, the PAHs associated with these structure may be considered under government housing schemes, to the extent feasible.
8.2.4 Considerations for Incorporation into Assisted Relocation Strategy
8.2.5 Plan for Assisted Relocation
The following table recommends safeguards for RUMSL’s consideration which will be implemented to ensure that physically displaced PAHs are provided with sufficient support and assistance, over and above cash at replacement cost, to ensure their rehabilitation and that their living standards are restored and/or enhanced. It is suggested that the RIC can work with RUMSL’s civil engineers and/or a dedicated engineering team under its own team:
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Table 8.2 Proposed Planning Provisions
Aspect Description Support and Training Verifiable Monitoring Indicators
Responsibility
Engage a Third Party Implementation Agency
■ Project to engage a third party implementation agencyfor the purpose of the RAP&LRP implementation. Thedetails of the same are provided in Section 11
■ Induction to the projectincluding an understandingof the Applicable ReferenceFramework, EntitlementMatrix and Principles ofResettlement identified
Contract with Implementation Agency along with Scope of Work
RUMSL E&S Team
Disclosure of Entitlements and Proposed Resettlement Strategy
■ During the RAP and LRP disclosure at the communitylevel at the time of implementation, the Project (throughthe implementation agency) will undertake focuseddisclosures and trainings with the physically displacedon the government schemes available for the PAHs,the key provisions and requirements of each and theimplications in terms of time for construction and cost tobe borne by the PAH and support that will be providedby the Project in the same .
■ Financial literacy training to the PAHs in terms of themonetary requirements for the schemes, the paymentcycles and the monetary contribution required from thePAHs.
Implementation Agency with RUMSL E&S Team providing overall monitoring support
Assistance in Availing the housing schemes for Structure Construction – Scenario II
■ Provide assistance to the PAHs in terms of verifying theavailability of Pattas for the house construction oridentifying land and assisting in registration process incase of those PAHs who do not own adequate land
■ Assist the PAHs in availing the schemes in terms of thefollowing:
- Coordinate with Janpad & Gram Panchayatmembers and other concerned stakeholders tofacilitate the prioritization of the PAHs in terms ofhome construction
- Review and fill any gaps identified in thedocuments required
■ Communication material andadditional resources(logistics, details of housingschemes with technicalguidance, constructionmanual, standards etc.);
■ Provide technical advisorysupport (local architect,structural engineer,sanitation engineer) asrequested
■ Preparation of an alternate/contingency plan/strategy to
■ Training records;
■ Guidance manuals/resources regardingconstruction –materials andstandards-, services- waterand sanitation, otherplanning and socialconsiderations
■ Files maintained for eachPAH in terms of theirapplications, supportingdocuments and status ofapplication
Implementation Agency with RUMSL E&S Team providing overall monitoring support
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Aspect Description Support and Training Verifiable Monitoring Indicators
Responsibility
- application completion especially in case of digitalapplications
- completion of loan application for those PAHs whoneed financial assistance
- follow up on application status
- provide guidance to PAH regarding overallhousing and utility criteria (e.g. planning thehouse, sanitation, access to drinking water,structural stability, earthquake resistant designconsiderations, choosing construction materialetc.);
- Specific support areas that the household mayrequire (e.g. technical/construction inputs etc.).
- regular follow up of the stages of construction toensure that the PAHs are documenting thedifferent stages of construction and applying forthe next installation payment
- Registration of the structure once completed. Thisshould ideally be done in name of both thespouses
■ Project to undertake an audit of resettlement housesupon completion
step in and help where the PAH is facing problems mid-process in terms of timely execution of the housing scheme
■
■ Documentation of audits at 3 stages in term of standards- quality, services, structural adequacy and ability to complete works as planned and a comment linked to earthquake safety. Any gaps or red flags to be raised as soon as possible for corrective/support measures to be deployed by the Project.
■ Photographs andinspection records/checklists filled andexecuted by the PAH
Self-Build - constructing a new structure or refurbish an existing house/structure ) – Scenario I
■ Project to undertake an audit of resettlement houses atthree stages- Pre-construction (plan), mid-construction(after completion of the foundation and plinth), postconstruction (after completion of the roof)—or asapplies to new construction and repair work.
■ Communication material andadditional resources(logistics, technicalguidance, constructionmanual, standards etc.);
■ Preparation of an alternate/contingency plan/strategy bythe Project to step in andhelp where the PAH is facingproblems mid-process.
■
■ Guidance manuals/resources regarding construction –materials and standards-, services- water and sanitation, other planning and social considerations
■ Documentation of audits at3 stages in term ofstandards- quality,services, structural
Implementation Agency with RUMSL E&S Team providing overall monitoring support
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Aspect Description Support and Training Verifiable Monitoring Indicators
Responsibility
adequacy and ability to complete works as planned. Any gaps or red flags to be raised as soon as possible for corrective/support measures to be deployed by the Project.
■ Photographs andinspection records/checklists filled andexecuted by the PAH
Temporary housing
■ The construction of homestead plots and the housingarea should ideally be undertaken before displacing thehouseholds. However,there may be instances wherethis cannot be achieved. In such a situation, the PAHsmay need to be temporarily relocated and thereaftershifted to their resettlement housing.
■ The provision of temporary housing may be requiredand will include either constructing temporarystructures in an area agreed upon with the PAHs andlocal community for the duration of the construction(typically 6 months to 1 year) or providing rentalhousing.
■ In this case, the project shallprovide additional support inshifting of the residence forthe second instance. Thismay be in the form ofextending transportationsupport to the PAHs forshifting their belongings tothe temporaryaccommodation. Also, thestay in the temporaryaccommodation shall beminimized to the extentpossible to avoid resentmentamongst the PAHs due tomultiple shifting
Implementation Agency with RUMSL E&S Team providing overall monitoring support
Construction Audit
Monitoring Process
■ Verification of completion;
■ Database of each PAH to be monitored for at least a 1-year period linked to shifting out of their impacted homes (extendable to a three-year period).
NA
■ Individual PAH file withdetails of the design,construction progress,copies of final contractorpayments etc.
Monitoring Agency Engaged
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Aspect Description Support and Training Verifiable Monitoring Indicators
Responsibility
■ Completion audit (with aprovision for monitoringafter 3 years).
Demolition and Land Access
■ To ensure the health and safety of the PAH, the defaultpolicy is that the Project through a contractor willensure the demolition of the affected house within theproject footprint. PAHs will be allowed to salvage anymaterials from the affected house prior to demolitionthat does not compromise the structural integrity of thehouse (doors, windows, etc.); or put the health andsafety of the PAH at risk (i.e. working at height tosalvage roofing material without proper PersonalProtection Equipment).
■ Consultations with PAHs prior to demolition shouldemphasize that the Project will seek to maximize theamount of materials that can be salvaged, but only tothe extent that health and safety is not compromised.To this end, the Contractor hired to demolish the houseshould be required to do the demolition in such a wayas to maximize the amount of material that can besafely salvaged.
■ Furthermore, the demolition of the existing structureswill be undertaken only once the temporary or finalresettlement housing is available for the PAHs and theentire monetary payment of the allowances orcompensation for losses (in case of any otherimmovable assets being impacted) have beencompleted. The project will also seek consent from thePAHs prior to shifting them from their existingresidences and securing land access for the project
■ Training on how to salvageany material from theaffected house withoutcompromising the structuralintegrity or Health and Safetyrisks
■ Demolition records
Implementation Agency with RUMSL E&S Team providing overall monitoring support
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9. LIVELIHOOD RESTORATION FRAMEWORK
This section provides an understanding of the livelihood restoration measures to be provided to the PAHs. These livelihood restoration measures will be discussed with the PAHs as part of the RAP&LRP implementation process and thereafter finalised and/or modified basis their feedback.
9.1 Context for Livelihood Restoration
Livelihood restoration measures are required to mitigate adverse project impacts on affected communities i.e., to mitigate economic and physical displacement caused by Project related land procurement of private land and common property resources and associated impact on sustenance or income. The selection of appropriate livelihood restoration strategies is dependent upon the existing baseline of the PAHs; the feedback received in terms of preference for livelihood restoration support and the preference of community development support.
9.1.1 Intensity of Livelihood Impacts
This sub-section provides a summary of the Project induced livelihood impacts. The details of the same are discussed in Section 6 and the associated sections of the Park Volumes
The affected community is primarily engaged in farm-based activities, which comprises ofagriculture, agricultural labor and livestock rearing;
Agriculture is the primary source of livelihood for about 39.2 per cent of the total PAPs inShajapur district are involved in farming or engaged as agricultural labor and in Agar district thepercentage of PAPs engaged in agricultural activities is 35 percent. In Neemuch district, 48.2percent of the PAPs are engaged in agriculture and 30 percent of the PAPs are engaged inagricultural labour work;
Cattle rearing is another significant source of livelihood and is also a key source of subsistence ofPAHs;
After taking into consideration the avoidance criteria for procurement of private land, theprocurement of private and patta land as part of the project footprint will result in impacts on lossof income from agriculture to private farmers owning land and loss of income to agriculturallaborers who were employed on such private land parcels;
Identified land for the Project comprises government and private land parcels. Based on theconsultation with grazers, the open government land is used for grazing purpose. Thus, the takeof government land in the area will result in the loss of grazing land or decrease in the size ofgrazing land and further will impact the livelihood of PAHs;
The loss/reduction in grazing land will affect the availability of fodder, and income from livestock(due to reduced fodder availability). This may also result in overall reduction in livestock holdingsdue to sale or abandonment of existing cattle;
As per the land and asset survey a total of 236.49 hectare of government land in project footprintarea in both Agar and Shajapur district is under the informal land use by encroachers andsquatters. In Neemuch, 151.51 hectares of government land is under informal use in the projectfootprint. Majority of the land has been encroached for crop cultivation and for grazing purpose.Thus, the take of government land by the Project will have a direct impact on livelihood of theinformal land users; and
The agricultural laborers who worked as daily wage workers on private agricultural land, will alsohave livelihood impact. The livelihood impact on this group will be loss of income from agriculturallabor work due to reduced land holding of others.
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9.1.2 Summary of Feedback on PAH Preference
As part of the primary data collection for the RAP&LRP, feedback was sought from the PAHs (household survey) on their preference for livelihood restoration support. The following figure provides a summary of the preferences expressed by the respondents in Neemuch, Agar and Shajapur.
Figure 9-1 Ranking based Livelihood Preference in Neemuch Solar Park
Figure 9-2 Ranking based Livelihood Preference in Agar Solar Park
Source: Household Survey
Note: In ranking 1 is the highest and 8 is the lowest
44.0
9 50.3
9
1.57
0 0.79 3.
15
0
2.36
14.9
6
36.2
2
18.1
1
5.51
11.0
2
11.8
1
49.6
1
21.2
6
9.45
10.2
4
2.36 6.
3
0.79
0.79 4.
72
10.2
4
29.9
2
27.5
6
19.6
9
7.09
1.57
2.36
10.2
4
33.8
6
29.9
2
21.2
6
0.79
0.79 3.
94
22.8
3
17.3
2
8.66
29.1
3
17.3
2
0.79
11.8
1
13.3
9
16.5
4
12.6
44.8
1 2 3 4 5 6 7
Agriculture and livestock training Horticulture Development
Job in the Project Vocational Training
Microcredits Programs Business and entrepreneurial training
Micro-Irrigation support
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Figure 9-3 Ranking based Livelihood Preference in Shajapur Solar Park
Source: Household Survey
Note: In ranking 1 is the highest and 7 is the lowest
Figure 9-4 Ranking based Livelihood Preference in Transmission Line Villages
Source: Household Survey
Note: In ranking 1 is the highest and 7 is the lowest
As can be seen from the figures above, 47.5 percent of the total PAHs in Agar Solar Park have given top most priority to agricultural and livestock training, followed by job in the project with 41.9 percent of the total household as the livelihood support initiative from the Project. Similarly, 59 percent of the total PAHs in Shajapur Solar Park have top most priority to job opportunity in the project, followed by agricultural training with 35.6 percent of the total household as the livelihood support initiative from the Project. Similar trends were observed in the TL villages, with Agriculture and Livestock training being given top most priority by the sample PAHs surveyed.
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9.1.3 Available Precedence
9.1.3.1 ESMF
The livelihood restoration principles as part of the agreed ESMF prepared by IREDA and adopted by RUMSL and that have been reviewed (refer to Section 3.5) in view of their applicability to the nature and intensity of livelihood impacts of the Project and has been incorporated in this LRP.
The broad livelihood restoration principles given in ESMF are highlighted below:
Improve or at least restore livelihood and living standards of displaced persons;
To ensure that the development process foster full respect for the human rights, dignity,aspirations, culture, and natural resource-based livelihood of Indigenous Peoples;
Preferable employment with developers;
Alternative livelihood options and training for skill enhancement; and
CSR activities to be undertaken by developer will ensure alternative livelihood opportunities.
9.1.3.2 Other Solar Parks
Based on a review of information in the public domain, certain livelihood initiatives that have been implemented at other solar parks36 include:
Income generating schemes through corporate social responsibility;
Employment opportunities during construction;
Priority to vulnerable households for any jobs/employment opportunities; and
Skill development initiatives.
9.1.4 Factors on Identification of Initiatives
The following aspects have been kept in mind while planning for the livelihood restoration measures:
In every village, most of the private land is not affected, with most villages having more than 70%of their land remaining thus, agriculture will continue. Also, due to the high dependence onagriculture as a source of livelihood, the PAHs are expected to procure alternative land parcelsfrom the compensation received.
The soil in the districts is not highly productive in terms of yield per acre. According to theconsultation with the farmers, farmers have undertaken land development measures such asclearance of gravel, stones, levelling and addition of fresh, topsoil, to increase productivity fromthe land;
As per the detailed project report (DPR) of the 1500 MW project, the development of Project willcreate the direct job opportunities for the local community during the construction and operationalphase and indirect job opportunities for the sector. During construction phase of ~18-24 months,the number of jobs creation will be in the range of 4,000 to 5,000. Further, during the operationphase of 25 years, the number of jobs creation will be around ~250;
Negligible proportion of household members surveyed have a skill-based training aroundvocational certifications. This is primarily because most of the training centres or institutions arelocated in the Agar and Shajapur towns or Ujjain, which are at a distance of 1 hour or more fromthe project footprint villages. Thus, for the project to consider priority and/or preferentialemployment through solar park developers, concerted upskilling and/or vocational training will berequired
36 Information on the Pavagada Solar Park in Karnataka and Bhadla Solar Park in Rajasthan have been reviewed.
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While skilled workers for the project are likely to migrate to towns and cities for work, the projectswill recruit semi-skilled and unskilled workers from the local community during the constructionphase and for maintenance activities. In addition to this, the project will also create otheropportunities in terms of hiring of vehicles, engagement of contractors etc.
There are no NGOs and CBOs reported to be active in the Project footprint villages. However,there are some micro-finance organization active in the area; they provide microcredit facility tolow-income individuals or women groups who otherwise would have no other access to financialservices. However, as per the ESMF, Project shall identify NGOs and Community basedorganizations (CBOs) and women’s groups based on their capacity, that can be used duringimplementation process;
While the initiatives around agriculture and vocational skill based trainings will be important forthe local community, the participation of women in the same is likely to be lower due to theexisting socio-cultural norms in the local community.
In this context, a “one size fits all approach” is not appropriate and a combination of strategies or options are recommended for each household to consider in order to get their preference for participation. At this stage, the RAP&LRP provides a basket of options from which PAHs can choose their preferred livelihood restoration alternative during the implementation and basis the compensation agreement presented to them that will provide an overview of the entitlements.
All household members (18 to 60 years of age) of physically and economically displaced households are eligible to access the livelihood options proposed. Specific provisions have been made for vulnerable households.
Note: To the extent possible, the project will try and ensure that a mix of livelihood restoration option are utilized by the community so as to avoid the concentration of a particular skill or livelihood activity in the area, which may result in the saturation of the market for the same.
9.1.4.1 Project Affected Households’ (PAHs) Workforce
Table 10.1 describes the potential local workforce resident in the PAHs.
Table 9.1 Potential Workforce in PAHs (Solar Park)
Village Age Female Male Total
Barawada 18 – 50 74 93 167
Kawai 18 – 50 55 57 112
Badi 18 - 50 51 61 112
Bijnakhedi 18-50 44 49 93
Burlay 18-50 38 48 86
Chauma 18-50 44 55 99
Dehripal 18-50 50 66 116
Dhatrawada 18-50 77 73 150
Fawaka 18-50 16 18 34
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LIVELIHOOD RESTORATION FRAMEWORK
Village Age Female Male Total
Hanoti 18-50 57 61 118
Jawadi 18-50 28 36 64
Lalpura 18-50 39 40 79
Parsula 18-50 61 69 130
Surajpur 18-50 43 54 97
Umariya 18-50 42 50 92
Naharkheda 18-50 40 49 89
Palda 18-50 37 33 70
Pipliya Nankar 18-50 23 27 50
Bijnakhedi 18-50 13 10 23
Madhopur 18-50 25 25 50
Kesai Deharaiya 18-50 9 7 16
Pipliya Kumhar 18-50 3 4 7
Grand Total 689 774 1463
Source: Household Survey
Table 9.2 Potential Workforce in PAHs (Transmission Line) - Sample Survey Based
Village Age
Group Female Male
Total Population
(under age group of
(18-50)
TL-1
Bardawada 18-50 23 30 53
Kheda Moka ka Dhol 18-50 24 23 47
TL-1 sub total 47 53 100
1. TL-2
2. Kawai 18-50 20 28 48
3. TL-2 sub total 20 28 48
4. TL-3
5. Badi 18-50 49 56 105
6. TL-3 sub total 49 56 105
7. TL-4
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Village Age
Group Female Male
Total Population
(under age group of
(18-50)
8. Pipaliya Kumhar 18-50 31 31 62
9. TL-4 sub-total 31 31 62
10. TL-5
11. Bapcha agar 18-50 31 30 61
12. Bhanpura 18-50 7 11 18
13. Chikali goyal 18-50 31 33 64
14. Dehariya Nana 18-50 13 20 33
15. Gyasari 18-50 14 17 31
16. Karadiya 18-50 9 9 18
17. Kashi Bardiya 18-50 15 9 24
18. Mangwaliya 18-50 19 21 40
19. Nipaniya baijnath 18-50 33 36 69
20. Pipalya ghata 18-50 14 13 27
21. Ralayti 18-50 11 11 22
22. TL-5 sub total 197 210 407
23. TL-6
24. Bijnakhedi 18-50 8 12 20
25. Burlay 18-50 23 29 52
26. Dehripal 18-50 30 35 65
27. TL-6 sub-total 61 76 137
28. TL-7
29. Bagawad 18-50 20 27 47
30. Baigaon 18-50 9 11 20
31. Fawaka 18-50 10 11 21
32. Pachora 18-50 15 16 31
33. Parsula 18-50 9 15 24
34. TL-7 sub total 63 80 143
35. TL-8
36. Alampura 18-50 24 24 48
37. Arniya 18-50 33 30 63
38. Bada Beed Jagatpura 18-50 28 32 60
39. Barandwa 18-50 53 50 103
40. Chacha khedi 18-50 20 21 41
41. Chandangaon 18-50 49 46 95
42. Chikliparmar 18-50 27 34 61
43. Dakadi 18-50 16 15 31
44. Dupada 18-50 14 22 36
45. Faniya 18-50 23 24 47
46. Gudradiya 18-50 15 18 33
47. Jadmi 18-50 47 62 109
48. Jhonkar 18-50 56 57 113
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Village Age
Group Female Male
Total Population
(under age group of
(18-50)
49. Kanasiya 18-50 9 11 20
50. Katwariya 18-50 15 17 32
51. Khajuri kanad 18-50 15 14 29
52. Kundla khurd 18-50 16 20 36
53. Merkhedi 18-50 14 20 34
54. Murdawan 18-50 15 18 33
55. Nanukhedi mena 18-50 7 12 19
56. Nanya khedi ahir 18-50 26 22 48
57. Pipaliya naulay 18-50 20 27 47
58. Samgi 18-50 8 7 15
59. Shankarpur 18-50 31 39 70
60. Surajpur 18-50 31 40 71
61. TL-8 sub total 612 682 1294
62. Grand Total 1080 1216 2296
The potential workforce has been defined as men and women between 18 and 50 years of age, reflecting composition of the workforce demonstrated in the Household Survey. However, the past experience demonstrates that the total workforce is smaller (and substantially so for women) for the reasons outlined below:
Role of Women: Women’s participation is expected to be considerably lower than the numberpresented in Table 10.1. Women’s traditional role as a housewife in a family has limited skill-set.However, they are also involved in agricultural field-based activities, including tending tolivestock, although it is not accounted for in terms of remunerative activity. The role of women ispredominant in livestock herding, and collection of firewood/fodder, particular among thehouseholds with marginal landholding and/or landless households. This constraint is furtherexacerbated by the extreme (and male-dominated) socio-cultural reservations regarding women’sparticipation in wage labour, and another form of labour work; and
Education and Skills: Both educational attainment and local standards for skilled employmentwould not match with the requirement of the skill-sets for the employment avenues. In keepingthis constraint into consideration, the majority of PAPs might be engaged as unskilled or semi-skilled labours or as helpers to more technically proficient and experienced personnel. Thus, theProject needs to implement a technical skill-based training program for those PAPs who alreadyhave particular skill-set, and as should those also who have no understating but wish to learn.
9.1.5 Principles of Livelihood Restoration
The LRP for the Project will be implemented in accordance to the following principles:
Restore, if not improve, the living standards of the PAHs to pre-Project levels;
Provide livelihood support to all the PAHs, such that at least one member of the PAHs,depending on their skills and age, age-appropriateness will be provided with either:
- Direct employment with the Project;
- Contract business opportunities with the Project;
- Supporting local business or enterprises;
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- Training on occupational skills with market linkage support;
- Seed capital for business in line with existing skill and additional technical support; or
- Special allowance in case of the elderly and physically and mentally differently abled whocannot engage in livelihood generation activities;
Ensure the PAHs are able to sustain their livelihood once support from the Project ends;
Integrate gender equality into all components of the entitlements to ensure practical and tailoredbenefits for women and vulnerable households;
Finalize the LRP after obtaining input from the PAHs during the RAP&LRP implementationprocess;
Implement the LRP in a participatory and consultative manner by discussing the individual PAHlevel entitlements with each PAH through individual discussions; and
Establish Key Performance Indicators and monitor the effectiveness of the LRP through itsimplementation, making adjustments as needed to ensure success.
9.2 Livelihood Restoration Plan
As part of the LRP, a mix of farm-based and non-farm based activities have been identified to discuss with the affected communities as a part of the RAP&LRP disclosure. As part of the implementation, the finalized livelihood restoration options will be presented to the community for their self-determination in terms of participation.
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Table 9.3 Livelihood Restoration Plan
LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
Agricultural Intensification To provide support to the PAHs who have alternative land parcels available to increase productivity within the existing land holding. It is assumed that
at least two (2) members of each household will continue agricultural activities given their current livelihood dependence and balance land available
after considering the project’s land take. Agricultural intensification has been proposed based on household level preferences and intends to enable
the remaining landholdings to provide for food security and income generation through surplus production:
Priority Initiatives
LRP Cost: 45,000 (Same as land development cost)
Training Cost: INR 1,00,000 per session, including 20 participants
Provision of seeds: INR 2650 per ha
Provision of trainings for agricultural skills and
financial literacy in terms of bearing the cost of
training and setting up demonstration area;
Provision of training to incorporate better
agricultural practices through the Department of
Agriculture (DoA) and Krisi Vigyan Kendra
working in the area. As part of this, the Project
would bear the cost of training, including the need
to provision for accommodation. Additionally, the
Project shall set up demonstration/training area
within the Project area sites or Project shall use
the demo plot available in the campus of the
Kendra Vigyan Kendra by paying rent, where the
community can be given live demonstrations on
some of the techniques being taught; and
Provision of seeds and saplings along with
products such as fertilizers and manure through
the agriculture and horticulture department
respectively.
Improving productivity of
land by engineering
solutions such as
clearance of gravel,
stones, levelling and
adding a layer of top soil,
improving irrigation; and
Express interest in
undertaking trainings for
agricultural intensification
and completing the
training courses
arranged by the project.
Food security and
annual income from
agriculture restored to
at least the baseline
condition pre-project
Records of payment of
land clearing and
development cost and
rental allowance;
Training calendar and
attendance of sessions
conducted;
Database of PAHs in
terms of trainings
successfully
completed;
Receipts for seeds;
saplings and other
products provided;
Photographic
documentation of
initiatives being taken
by PAHs; and
Case studies for
examples
demonstrating success
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LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
and failure (along with
lessons learned)
Longer-term sustainability initiatives
The Project may consider giving zero interest
loans for agriculture. This is applicable for crops
such as Soyabean and other cash crops;
The Project may also consider giving subsidies on
the purchase of fertilizers. This is applicable for
fertilizers like Urea, Dia amino phosphate,
Nitrogen Phosphorus, etc.; and
The Project shall also explore the possibility of linking
the PAHs to weather prediction applications or portals
and information regarding potential spread of
agriculture diseases with their treatment through text
messages phones and agriculture portals run by the
DoA and the Krishi Vigyan Kendra. This would allow
farmers to get the latest information easily and make
use of the advances in technology and agricultural
practices;
Effectively using the
support provided by the
project such as making
the weather prediction
phone application
available;
Cultivation of cash crops
or high yielding variety of
crops including soybean,
wheat, chana etc.; and
Undertaking multi-
cropping where possible.
Improvement in
average productivity
per ha for the targeted
crops
Improvement in annual
income from
agriculture
Database of loans
provided;
Database of PAHs
linked to weather
prediction application;
Photographic
documentation of
initiatives being taken
by PAHs; and
Case studies for
examples
demonstrating success
and failure (along with
lessons learned).
Livestock, poultry and cattle rearing
Due to the reduced land holdings post displacement, these livelihood initiatives have been identified for supplementing the income from agriculture. The Appendix E provides the Grazing Management Plan which puts in place provisions for livestock rearing and interventions aimed towards improving fodder availability. This Section identifies the additional interventions which shall be implemented in collaboration with the GMP.
Sustainable Goat Rearing Program
Training cost: 50,000 INR for each training of 20 participants
Organize trainings with animal husbandry
department including field demonstrations on
feeding of concentrates, mineral mixtures and
green fodder
Organize trainings on business development,
marketing and financial literacy
Work with the project to
finalize the livelihood
restoration measures
and completing the
trainings and initiatives
thus implemented; and
Improvement in annual
income from livestock
rearing
Database of loans
provided;
Records of visits by
Veterinary doctors;
Training calendar and
attendance of sessions
conducted;
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LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
Partner with organizations such as BAIF to
develop programs focused on breed
improvement, feeding, health care and marketing.
This may include provision of critical health care
services such as vaccination against important
diseases and veterinary services wherever
needed and preparation of field guides
Coordinate with the
animal husbandry
department to further
enhance the
opportunities provided
and avail other benefits
existing outside the
project.
Photographic
documentation of
initiatives being taken
by PAHs; and
Case studies for
examples
demonstrating success
and failure (along with
lessons learned).
Milch cattle rearing Facilitate strengthen of existing village dairy
cooperative or establishing of new village dairy
cooperatives;
Providing training on marketing and financial
literacy
Facilitate connectivity to milk collection centres or
to the nearby village dairy cooperative societies;
and
The project may also facilitate an MoU with the
livestock department and the PAHs for providing
training, Artificial insemination and vaccinations.
Coordinate with livestock
department to further
enhance the
opportunities provided
and avail other benefits
existing outside the
project;
Coordinate with Sanchi
Cooperative to further
enhance the
opportunities provided
and avail other benefits
related to dairy
cooperatives; and
Running and maintaining
the village dairy
cooperatives in keeping
with the agreement with
the project.
Improvement in annual
income from livestock
rearing
Database of loans
provided;
Records of visits by
Veterinary doctors;
Training calendar and
attendance of sessions
conducted;
Photographic
documentation of
initiatives being taken
by PAHs;
Copy of MoU with
livestock department;
Copy of agreement
with Milk Collection
Centres;
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LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
Organogram of milk
collection committee
with member details;
Records and balance
books of milk collection
committee; and
Case studies for
examples
demonstrating success
and failure (along with
lessons learned).
Vocational Training and Skill Development
Training will lay down the path for the preferential employment in the Project, starting from the mapping of skill set and enhancing the skill set as per the requirement of the employment
Training (vocational and Soft skilled) Vocational Training cost: INR 35,000 per training per person Soft Skill training: INR 10,000 per training per person
Detailed mapping of the existing skillset amongst
the PAHs shall be done through the details
assessment of skill-set possessed by PAHs;
Prequalification and local registers shall be
prepared by Project to ensure that local
contractors with the right experience are identified
for the training program;
Prepare a detailed implementation plan based on
the estimates of number of individuals per type of
training;
Identify those individuals who already have
certain knowledge of the skillsets and those who
have none but wish to learn. Split the training
courses into beginner and advanced courses
accordingly;
Cooperate with the
Project during the
mapping exercise and
provide as accurate
information as possible.
Increased in skilled
youth amongst the
PAHs
Increase in household
level income
Database of PAPs by
skill set;
Implementation plan;
Training calendar and
attendance of sessions
conducted;
Records of daily
allowance and lunch
and travel and
boarding allowance
paid;
Records of trainings
arranged outside the
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LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
Identification of employment avenues in the
Project, including undertaking a detailed mapping
of the positions where there is the scope of
employment (both permanent and contractual)
throughout Project lifecycle shall be undertaken;
Special provision shall be made to enhance the
skill-set of women, by providing them training on
housekeeping work, cooking etc., so that after
completion of training women will also get
employment opportunity in construction and
operation phases of the Project;
Consider providing daily allowance to compensate
for the opportunity cost of attending the training,
lunch and travel and boarding allowance in case
the training is not held within a radius of 5 km
from PAPs’ residence;
In case of training by NGOs and CSOs, the
project will bear the cost of venue and expert
accommodation and travel in case the trainings
outside the radius of 5 km from the PAPs’
residence; For trainings such as dates; tree leaf
mat making, cooking etc. if the trained individuals
are not absorbed into the Project, the option of
providing market linkages shall be made
available. In consultation with the PAHs, the
possibility of creating groups within the PAHs
should be explored;
assist the PAPs by identifying potential partners in
the market for market linkage and assist the
radius of 5 km from
PAPs’ residence and
Within the radius;
Database of groups
established, along with
details of members;
Copy of agreements
with NGOs and other
organizations to
provide market
linkage; and
Photographic
documentation of
initiatives being taken
by PAHs.
Case studies for
examples
demonstrating success
and failure (along with
lessons learned)
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LRP Options RUMSL input/ Support PAHs input Targeted Benchmarks
and Outcomes Documentation and Verifiable Monitoring
Indicators
PAPs in holding negotiations with these
stakeholders including finalization of contractual
terms and conditions; and
In case any of the PAPs wish to undertake
business opportunities (such as for mat making,
cooking etc.) based on the trainings received,
they should be provided with training on business
development and financial management.
Explore the possibility of establishing groups
amongst the PAPs post training completion
promote local contractor capacity, by the provision
of providing them training, which will enhance
their ability to tender and win contracts;
Project shall implement the training schedule of
the identified contractors on key aspects like:
- applicable rules and regulations
- human resource management;
- Financial literacy
- Occupational Health and Safety; and
- Establishing of grievance redressal
mechanism.
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9.3 Implementing Livelihood Restoration Plan
Section 11 provides an overarching and proposed implementation structure wherein RUMSL and the RIC will identify and engage specific implementation partners for each initiative. Appendix I provides a generic ToR for the engagement of this agency and a preliminary screening of potential partners for consideration has been undertaken as part of Appendix K.
9.3.1 Finalization of the LR Initiatives
Further to the disclosure of the above livelihood options as a part of the RAP&LRP and ESIA disclosure, the following activities will be undertaken:
Collection of feedback received at the time of disclosure; and
Discussion with government departments (DoA, Krishi Vigyan Kendra, Livestock, Agriculture) tounderstand if some of the above activities can be dovetailed with exiting government initiatives,programs, schemes or/ and extension activities in case of thematic overlaps and if feasible.
9.3.2 Identification of Implementation Partner
The livelihood initiatives thus identified, are to be implemented by an implementation partner or implementation partners. Once there is a consensus to the LRP and its provision, RUMSL shall identify implementation partners.
When appointing implementation partner, the following factors should be considered:
The Project shall identify experienced implementation partners to design and deliver livelihood-restoration programs that are based on proven in local experience. NGOs who have worked inthe area such as Foundation for Ecological Securities (FES) or have experience in implementingsimilar programs such as BAIF, will be contacted for exploring the partnership opportunities;.
The identified partners should experience field and management staff to effect implementation;
Before finalization of implementation partners, Project shall call for ideas or design competitionapproach, where by in first stage partners are invited to submit their views and suggestions forthe livelihood-restoration initiatives, including the technical description of activities, a detailedcosting, and an implementation model and schedule.
Project shall appoint multiple implementation partners on relatively short duration contracts (12-18 months), so that the ensure continuous work for promising implementation partners;
Bidding documents should have some flexibility in the responses, so that the partners cansuggest approaches, activities, and implementation models that they are comfortable with andhave used successfully;
9.3.3 Mapping Potential Implementation Partners
As part of the RAP and LRP implementation, a profiling of organizations and/or institutions and/or skill development programs shall be undertaken that can be considered as potential implementation partners. An initial screening has been provided in Appendix K with a generic ToR to engage potential implementation partners in Appendix I. This profiling shall be based on the following parameters:
Organization/Institution
Key Credentials
Presence in Madhya Pradesh
Reports on outcomes
Specific Gender and Social Inclusion efforts
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9.3.4 Sub-Activity Plan
The implementation partner will undertake consultations (in the form of structured interviews) with each individual PAH, to discuss the sub-activity plan developed, the present status of the PAF livelihoods and their preferences.
This consultation will take into account the current status of the PAHs, their locations, their current (or temporary livelihood), their choice of the support needed and agreed duration. Once consent is reached on the contents of the Plan, a formal agreement shall be signed with each PAH.
This agreement should provide an understanding of the following:
Identification number of PAH (in keeping with that provided in the LRP);
Residence (original) details;
Household level details;
Details of Impacts Assets (along with layout and picture wherever possible);
Livelihood Initiative identified; and
Timeline for implementation of the entitlements identified.
This agreement will be considered as the final document for implementation of LRP.
9.3.5 Implementation of Specific Livelihood Initiatives
Once the sub-activity plans are disclosed and the household level agreements signed, the implementation partner shall undertake the implementation of Livelihood Initiative identified. It should be noted that while the household level agreements are to be signed at an individual PAH level, the implementation of the initiatives should be undertaken in groups; to allow for time and monetary efficiency. The process of implementation shall be reviewed and updated as necessary, in keeping with aspects such as livelihood profile, access etc.
9.3.6 Local Employment and Contracting Plan
One of the key activities to be undertaken as part of the project livelihood restoration initiatives is the provision of employment opportunities in the project, linked to the vocational and soft skills trainings provided to the PAHs. Project facilitation of PAPs’ participation in: (a) Project’s construction activities; and (b) plant operations, aims to maximize the immediate, medium and long term employment-related benefits of the Project. In the short to medium term, these benefits derive from training, and wage employment. In the long term, these benefits result in increased regional employment opportunities associated with Project-related training and work experience.
For employment, the Project shall identify the employment avenues based on the available skills amongst the PAPs. However, there would be the case where available skills amongst the PAPs doesn’t match the requirement of skills for the identified employment avenues, in this scenario Project shall enhance the skill set as per the employment requirements. The mapping and identification of available skill-set amongst the PAHs based on an initial identification in order to finalise targeted training would be done through the vocational training.
9.3.7 Employment During Project Construction
Based on the skill-sets PAPs shall be provided preference employment in the different employment avenues during the construction phase of the Project.
This shall be subject to vacancies, labor requirement, and suitability of the candidates in terms of skill requirements. This employment, in turn, shall allow for the affected households employed to seek opportunities in other avenues or projects, based on the experience and skill set gained.
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Some of the key steps to be undertaken by the Project for the implementation of this livelihood restoration option (to be coordinated by RIC) are given as follows:
Making a list of the eligible candidates from the PAPs based on the training they received and theskill-set they poses;
Project shall consider restricting access to employment of women specific to housekeeping andcooking works, in order to maintain gender equality and social inclusion;
Creation of a phase-wise Plan of recruitment and skill enhancement. It is understood that it maynot be possible for the Project to recruit all eligible PAPs in a single instance. Thus a staggeredrecruitment plan may be developed by RUMSL to allow for the engagement of the PAPs andlocal community members depending upon project needs;
In keeping with the recruitment Plan formulated, provide induction training to the PAPs, beforeinitiation of work activities. This induction training shall be keeping with the overall systems andpractices of the Project and shall provide an understanding of the job description, safetyprecautions to be undertaken, the grievance mechanism accessible etc.
Project shall promote fair recruitment processes guaranteeing local participation over and abovemigrant labor during the construction work based on the safeguards that are signed with eachSPD and that are expected to also apply to their contractors, sub-contractors and laboursuppliers;
Provide handholding assistance to the PAPs for fulfilling the documentation requirement for theProject;
Undertake regular monitoring (at least quarterly) for the first two years, to ensure that the PAPare:
- Able to work in a new environment;
- Not removed from the job after a short period of employment and can generate livelihood fora longer period and even after the construction stage;
- Not discriminated against and are fairly treated and given ample opportunity to learn andwork at site;
Provide letters of experience for everyone engaged with the project to allow them to seekemployment elsewhere based on the training and skill set received from the Project.
The Operations phase would require a much smaller workforce as compared to the construction phase, and the skillset of the required workforce shall be different. The operations phase would require Engineers, Technicians to manage the Plant operations and amongst the requirement of semi-skilled workers in limited numbers for housekeeping and security-related jobs. Additional, there may be some vacancies with the private Solar Project Developers (SPDs) that may have some local employment, if feasible.
Some of the key steps to be undertaken by the Project for the implementation of this livelihood restoration option are given as follows:
The private SPDs shall advertise the roles of Technical staff required during operations phases,in the local newspaper to enable the hiring of competent people from nearby areas to the extentfeasible; and
Preference shall be given (to the extent feasible) to hire qualified members from PAHs for semi-skilled jobs like housekeeping or Security Guards.
9.3.7.1 Priority in Contractual Opportunity in Project
Project shall give preference to the local contractors based on the mapping done at the time of training and to the contractor who have successful completed the training provided by the Project.
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Preference given to the local contractors at the construction phase of the Project could make a major contribution to economic growth. At the same time, it would open up opportunities for the local communities to participate in the economic activities through the creation of employment.
Some of the key steps to be undertaken by the Project for implementation of this livelihood restoration option are given as follows:
Project shall consider restricting access to tender lists specific to drivers, providing of masons,unskilled construction workers, and housekeeping contracts, in order to favor local contractors.
Project shall award serial contracts which will ensure continuous work for promising localcontractors;
Project shall adopt a prompt payment regime to assist the local contractors that have difficulty inaccessing working capital. A 15 days payment regime may be adopted by the Project for the localcontractors;
Project may include a target for the participation of local enterprises as material suppliers;
Contracts should be appropriate to the size, nature and location of the Project and available inlocal languages and shall be advertised in the local newspaper; and
Project might consider actions to assist local contractors with access to capital at low rates ofinterest.
9.3.8 Specific Implementation Safeguards
In addition to the above mentioned implementation strategies, some of the overarching implementation safeguards include the following:
In order to ensure the participation of women, targeted engagement activities and trainings shallbe implemented for women, which are flexible in terms of their timings and duration. This wouldallow for women to incorporate these activities into their daily schedule;
As part of the development of the initiative level plans, an assessment will be done of thepotential social dynamics in the community and any factors that may prevent a particular socialgroup from actively engaging in the initiative. In such cases, the possibility of introducing aspecific initiative for such groups or organizing separate trainings will be explored;
While preparing the initiative level plans and household level agreements, cognizance will betaken of factors which may prevent the PAPs from participating in the initiatives identified. Thesefactors may include illnesses, family functions, migration patterns, social dynamics etc. in suchcases, the implementation partner shall work with the households to identify the way forward, interms of being flexible in the creation of batches for the initiatives, preparing and presentingvideos for those PAPs who cannot travel to the demonstration areas etc. the purpose of this willbe to ensure that at least one member from each PAH is able to actively participate in at leastone of the livelihood restoration initiatives identified.
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
10. GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
10.1 Context Setting
The ESIAs for the three solar parks and the transmission line segments include a Gender Action Plan (GAP) which has been prepared on the basis of a high level understanding of the socio-economic profile of women in the project area of influence. Subsequent to the resettlement surveys, there is updated information on the prevailing gender dynamics, trends that have emerged by analysis of gender disaggregated data and the role of women in access, control and ownership of land and natural resources.
This section provides additional details and context to the involuntary resettlement impacts related safeguards proposed in the GAP in order to develop a program that is based on:
Mitigation of impacts identified by comparing gendered access, ownership and control of land andnatural resources before and after the 1500 MW project;
Specific interventions that are focused on:
- Addressing gender-based violence linked to disbursal of compensation and infusion of cashinto the local economy;
- Addressing inducted implications from involuntary resettlement linked to food security andloss of shelter;
- Addressing livelihood interventions to include either gender mainstreaming and/or targetedaction; and
- Process safeguards to encourage and facilitate the participation and engagement of womenduring RAP&LRP implementation.
It should be noted that any implementation agencies that are engaged by RUMSL for RAP and LRP implementation will also need to abide by the provisions of the Gender Action Plan in terms of its intent, objectives and especially on safeguards of gender-based violence for their staff/workers. This will also apply to any contractors that RUMSL may choose to engage for resettlement house construction should PAH request for the same.
10.1.1 Prevailing Gender Context
As discussed in the volumes for the solar parks and the associated transmission lines, the following themes and/or insights prevail across the project affected villages:
Participation in project-related engagement and resettlement surveys: as discussed in Section 1,the participation of women in the discussions and meetings held as part of the primary datacollection for the RAP&LRP were significantly limited in comparison to men. This was understoodto be resultant from the existing socio-cultural norms in the local community where theparticipation of women in public gatherings is low;
Demographic Profile and Feminization of aging: the affected households are characterized by anegative sex ratio. However, when compared across social groups, the sex ratio amongst theindividuals above 60+ years is reported to be positive. This confirms the trend of feminization ofaging 37. The sex ratio in population below 6 years is the lowest among all the age groups.Despite of several policies and schemes to promote gender development, these figures raiseserious concerns towards gender equality. The trend in child sex ratio reaffirms that cultural bias,preferences and gendered practices are still prevalent in the rural areas. If seen among different
37 The feminization of aging is the trend of women outliving men, is becoming more prominent with women living on average of 1 to 7 years longer than men
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
social groups, overall sex ratio is significantly lower among ST (676) compared to other social groups.
Roles and responsibilities linked to household chores and participation in Livelihood activities: :most of the household chores are undertaken by women. This is interlinked to the livelihoodprofiles of the men and women, where most of the women reported to being housewives. Menare primarily engaged in income generating activities, financial transactions and grazing oflivestock. The maximum participation of women in outside work is agriculture and agricultural;labour which is often driven by the necessity to contribute to sustenance of the family. The onlyeasily available work for women is agriculture labour but is often taken up if there are poorfinancial situation in family. In terms of migration as well, most women reported to remain behindin the villages in case male members of their household migrate for work, with the exception ofthe Banjara group where most of the times, the entire family migrates for work. Similarly, theparticipation of women in cooperatives is reported to be negligible as most of the cooperativesare formed for the sale and purchase of livestock and milk, which are activities typicallyundertaken by men.
Figure 10-1 Primary Occupation of project affected population by Gender
Source: HH Survey responses 2020
Participation in decision making at a household level: most of the financial decisions at thehousehold level are reported to be made by the male members of the households. Womenparticipate more in decision making in terms of social aspects, such as matters related tomarriage or interaction with other households etc.
Participation in decision making at a village level: women play a negligible role in the decisionmaking at the village level. even in cases where the Sarpanch was a woman, it was reported thatthe actual decision making authority rested with the husband or other male members of thewoman’s household Ownership of land: while women are increasingly owning and co-owningland (through inheritance), the overall decision making related to sale and purchase of land restsprimarily with the male members of the household. this is also because, while daughters nowinherit the land from their fathers, post marriage they reside in other villages and thus are notengaged in the day to day functioning of the land parcels.
126103
5 12 1
1 297
3922
4
376109
3 40 646 1 10
1
5 1
4231
212
0%10%20%30%40%50%60%70%80%90%
100%
Female Male
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
10.1.2 Gendered assessment of Involuntary Resettlement Impacts
The following table summarises the intensity of involuntary resettlement impacts when reviewed from a gender lens:
Table 10.1 Gendered Assessment of Impacts
Issue Description Specific Vulnerabilities
Impacts on land
and assets
owned and used
due to the project
■ Of the 138 PAHs surveyed and 366 PAHssurveyed in Shajapur, there are 4 womenheaded households in Agar and 29 inShajapur.
■ In comparison to male headed households,women headed households have smallerland holdings on an average, with mostwomen headed households being marginalfarmers.
■ These land parcels are used for agriculturalactivities and as such an impact on thesewill result in economic displacement of thehouseholds
Consultations indicate that women
are not likely to be involved in
decision making linked to the
negotiation process linked to land
even if they are co-owners and/or are
formal titleholders linked to
inheritance
Impacts on land
accessed by
women due to the
project
■ In addition to the land used by women foragricultural purposes, women also have adependence on the proposed projectfootprint for the collection of dung, firewoodand also open defecation
Consultations indicate that women
are not likely to travel extended
distances (more than 1-2 km) from
the village abadi area for the
collection of dung and firewood. Also,
women typically use the area
immediately outside the village
boundary (less than 1 km) for open
defecation. An impact on the land
immediately surrounding the abadi
area will thus likely have a differential
impact on women
Food security and
Loss of
Livelihoods
In comparison to the male headed households,
women headed households have food security
for fewer months in comparison to male headed
households. This is understood to be due to the
smaller land holdings reported by households
headed by women.
Furthermore, access to jobs during the
construction phases generally skewed in favour
of males, thus preventing women from availing
project benefits.
The reduction in land holding size is
thus likely to further reduce the food
security amongst the women headed
households. Also, majority of the
women headed households reported
dependence on agriculture as the
primary source of income, The land
take for the project may thus result in
an increased vulnerability of Women
headed households.
Landlessness Due to the small land holding sizes, women
headed households are at risk of becoming
landless or being left with unviable land parcels
post the land procurement for the project
Risk of Increased
instances of
gender-based
violence
This risk may arise from delayed payments or
other land ownership based conflicts. This may
be resultant from the understanding that while a
number of women are registered as legal
owners of land, they have very little say in the
Women headed households (both
Joint as well as independent) may
potentially become more vulnerable
in cases of sale of land for the
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Issue Description Specific Vulnerabilities
decision making pertaining to agricultural
activities or land ownership.
There may also be risk to sexual abuse and
exploitation as an outcome of in-migration which
will need to be managed through the Gender
Action Plan.
project, if land is not in their name, or
they do not receive the benefits.
10.2 Gender Mainstreaming Safeguards
The following table illustrates three components of gender mainstreaming38:
Process safeguards to enable women can accrue of the benefits from compensation measuressuggested for adverse impacts on land and natural resources;
Specific safeguards to address impacts linked to gender-based violence, food security, loss ofshelter and loss of livelihoods; and
Engagement and participation safeguards.
Monitoring measures to track the adequacy and effectiveness of these gender mainstreaming safeguards are provided in Section 12.
38 Note: Tangible infrastructure measures such as community toilets with adequate sanitation and water provisions may also be considered as a specific component linked to the ESIA-ESMP
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Table 10.2 Gender Action Plan
Action Items Timeline Responsibility Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
Process Safeguards
Engagement of gender
specialists as part of
implementation team
Immediate as part of
engagement of IA
RUMSL Engagement letter of gender
specialist
NA NA
Ensure that the land sellers
inform and disclose the sale of
land parcels for the project to
their household, including
women.
Inclusion of spouse in all
discussions pertaining of land
price, negotiations on
compensation and entitlements
■ Any awas patta to be in thejoint name of HoH andspouse
Ongoing till
completion of land
procurement
RUMSL along with
Tehsil Administration
Review of Sale Deed and
also awas patta (or similar
security of tenure
arrangement) to ensure that it
is jointly held
NA ■ Public disclosure of the
timelines, with a focusedwomen’s meeting at thevillage level to discloseland procurementactivities and time lines
RIC will ensure that the
proceeds from the sale of land
and payment of allowances,
should get deposited in a joint
bank account with the spouse, if
feasible
Ongoing till
completion of land
procurement
RUMSL along with
Tehsil Administration
RAP (and LRP)
Implementation Agency
Review of Bank account
ownership documents prior to
release of payments
Review the documentation
requirement for both the
spouses in keeping with the
government housing scheme
requirements
There might be an existing
bank account with single
user’s name and the key
member of the family will
be reluctant to make the
changes
Put across this
requirement during the
initial stages of land
related discussion.
Require the presence of the
spouse at the time of hand-
over of the cheque or sale
agreement papers.
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Action Items Timeline Responsibility Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
If the land is purchased from a
Woman Headed household or
women land owners (especially
absentee land owners), then
special provision for confirming
the bank account use (by the
women and no other family
member) needs to be done to
ensure against fraud.
Also, the negotiations to be
undertaken with the women
land owner and not their
representatives
Within 6 months of
initiation of
construction
RUMSL
RAP &LRP
Implementation Agency
Review of Sale Deeds and
bank account name and
access by actual holder.
NA Liaise with the bank branch to
ensure against misuse.
■ Financial literacy trainingprograms should be conducted for women in the project area and specifically for the ones belonging to PAHs.
For absentee women land
owners, ensure communication
of the key activities and
timelines in advance either
through a written or telephonic
communication. If no bank
account, the same will need to
be created with financial
literacy training. Another
suggestion for absentee land
owners is for the amount to be
deposited in an escrow
account with additional 10% till
the women land owners traced
and account opened.
for informal users, an exercise
shall be undertaken to
separately identify female land
users, even within the
household. specific provisions
under the livelihood restoration
As part of land
procurement
process
RUMSL along with
RAP&LRP
Implementation Agency
Review of informal user
database and records of LR
initiatives implementation
■ Reduced participationof women due to sociocultural norms;
Organize separate FGDs with
women for collating lists
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Action Items Timeline Responsibility Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
initiatives shall be made
available for the same
Provide financial literacy training
to all women PAPs
As part of land
procurement
process
RUMSL along with
RAP&LRP
Implementation Agency
Review of training records ■ Reduced participation
of women due to sociocultural norms
Organize separate trainings
with women’s groups to allow
them to freely participate
Specific safeguards to address impacts linked to gender-based violence, food security, loss of shelter and loss of livelihoods
Women’s feedback should be
taken for the designing of the
implementation plan for the
specific entitlements identified.
This may be in terms of the
timings of the trainings, location
of trainings, number of days of
the training, crèche facility for
young mothers, etc. through this
an attempt should be made to
implement the LRP in a manner
so as to allow the women to
gain maximum benefit while
fulfilling their familial
responsibilities;
As part of the livelihood
restoration programs planning,
ensure input from women in
different locations. The
program’s design as well as
delivery channels will be
sensitive to women’s time
RAP&LRP
implementation and
Stakeholder
Engagement
process
RAP (and LRP)
Implementation Agency
program designed that
reflects gender specific needs
and seek to close gaps
between men and women
around livelihood selection
and decision-making
Proportion of women/girls and
youth access to restoration
measures
Number of women/girl/youth
centric restoration programs
developed by the project
Number of women are
provided with
restoration/training activities
Percentage of women
participation during the
restoration activities
■ Reduced participationof women due to sociocultural norms;
Organize separate women
consultations or FGD with
women’s groups to understand
their perspective
■ Specifically focus onidentifying livelihoodsupport options that takeinto account the culturalnorms for women acrossthe different social groupsand castes
In addition, the RIC and RUMSL will ensure that all service providers and implementation partners that are engaged understand the obligations under the Gender Action Plan.
For the same, the RIC and RUMSL will include the following in their finalisation of partners:
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Action Items Timeline Responsibility Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
constraints, care burden and
social/economic constraints
Include gender specific
examples in training materials
and gender sensitive
methodologies that enable
active participation and
learning by women in training
workshops
■ map service providers(those who work withwomen and children);
■ ensure that projectinformation boards has thenumber of serviceprovider, nearest policestation and socialspecialist of RUMSL;
■ Encourage reporting ofany concerns linked toGbV, sexual abuse and/orexploitation through thegrievance mechanism;
■ Robust GRM to addressissues related to SEA/SHat a park level.
as part of the engagement
activities an attempt will be to
ensure that women avail the
livelihood restoration options
developed for PAFs. This will be
achieved through regular
engagement with women by the
project, in the form of focus
group discussions and
individual interactions with key
informants
In cases where a PAH is getting
multiple entitlements and
women and men identify
different entitlements, the same
shall be enabled to the extent
possible by the project.
RAP&LRP
implementation
RAP (and LRP)
Implementation Agency
Number of women centric
restoration programs
developed by the project
Number of women are
provided with restoration
activities
number of women
participants in livelihood
training.
Percentage of women
participation during the
restoration activities
Enhanced capacities of
women to access assets
through their participation in
livelihood restoration
programs.
Increase of women
participation in Income
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Action Items
Timeline Responsibility
Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
generation activities, thus
improve in the overall family
income
Share of women in family
income and women taking
roles in financial decision at
the family level
Engagement and participation safeguards.
■ The SEP, ESIA and RAP&LRP for the project put in place specific requirements for engaging with the local community in the project footprint villages and PAHs and minimizing project related impacts. As part of the implementation of these plans, all community consultations shall have a target of at least 50% female participation
■ Include gender specific examples in training/ disclosure/ engagement materials and gender sensitive methodologies that enable active participation and learning by women in training workshops.
■ Ensure that women are not only involved and aware
Ongoing as part of
the implementation
schedule of the
management plans
RUMSL,
EPC contractor
representative (during
the construction phase)
Project operator
(operations phase)
RAP (and LRP)
Implementation Agency
■ Sex disaggregated data of attendees shall be documented in records of Stakeholder Consultations;
■ Photo documentation and signatures of attendees
■ Increase in awareness among women on the project, its impacts and mitigation measures
■ Reduced participation of women due to socio cultural norms;
■ Silent presence of women during consultations due to cultural norms of women not speaking up in a village gathering in front of men.
Organize separate women
consultations or FGD with
women’s groups to understand
their perspective
Require sign-off from women
on key information disclosure,
and community decisions
through the RAP&LRP
implementation
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GENDER MAINSTREAMING FOR RAP AND LRP IMPLEMENTATION
Action Items Timeline Responsibility Means of Verification for
achievement of Targets
Potential Risk in
achievement of Targets
Risk Mitigating Measures
but also have the opportunity to participate in decision-making.
As part of the RAP and LRP
implementation and monitoring
process the implementation
team will try and ensure that the
feedback and viewpoint of
women is captured separately
as well as in a larger group and
taken into consideration through
targeted engagement activities
and identifying specific
monitoring indicators for the
LRP
RAP&LRP
Implementation
RAP&LRP
Implementation and
Monitoring Agencies
■ Sex disaggregated dataof attendees shall bedocumented in records ofStakeholderConsultations;
■ Photo documentationand signatures ofattendees
■ Increase in awarenessamong women on theRAP&LRP entitlementsand their implementationprocess
■ Reduced participationof women due to sociocultural norms;
■ Silent presence ofwomen duringconsultations due tocultural norms ofwomen not speakingup in a villagegathering in front ofmen.
Organize separate women
consultations or FGD with
women’s groups to understand
their perspective
to the extent possible, women
will be involved in the internal
monitoring process as identified
in the RAP& and LRP
RAP&LRP
Implementation
RAP&LRP
Implementation and
Monitoring Agencies
Increase in awareness among
women on the progress of
RAP and LRP implementation
Number of women part to the
committee formed for
monitoring of LRP and
RAPRAP&LRP
implementation
Percentage of women
participation to meetings and
monitoring forums
Reluctance of women to
participate in the monitoring
process due to socio-
cultural norms
identify key women in the
community with leadership
qualities who can assist in
creating awareness amongst
women and encouraging them
to participate in project led
engagement
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INSTITUTIONAL STRUCTURE AND IMPLEMENTATION
11. INSTITUTIONAL STRUCTURE AND IMPLEMENTATION
RUMSL will set up an institutional structure and an implementation plan for the RAP & LRP. This section provides an indicative framework on the institutional arrangements based on the assessment of existing capacities and the proposed implementation process as discussed with RUMSL..
11.1 Organisation Structure
The proposed team for RAP & LRP implementation is integrated within the overall RUMSL structure to coordinate park-level developments, environmental and social mitigation (as identified in the ESIA-ESMP) and land procurement. The following figure provides an understanding of the overall proposed structure of the team for implementation of the RAP&LRP.
Figure 11-1 Organization Structure for RAP and LRP Implementation
The following table provides an overview of roles and responsibilities:
Table 11.1 Roles and Responsibilities
Entity Role/ Responsibility
Overview and Support
RUMSL Bhopal
■ Overall technical and project management team coordinating the tender and bid submission process. RUMSL will also appoint the project level Solar Park Developers (SPDs);
■ Approval of all environmental and social safeguards documentation (including the RAP & LRP) in collaboration with the World Bank and IFC;
■ Oversight and funding for implementation; ■ Coordination with PGCIL and appointment of contractors for
transmission lines
RUMSL Land Procurement Team
■ Overall accountability for land procurement (including physical access of allotted government land)
■ Coordination with the concerned district administration and government departments for the process of land procurement
■ Appointment of the Resettlement Implementation Consultant (RIC) to support RAP & LRP implementation
RUMSL E&S team
■ Overarching environmental and social unit which will be put in place to coordinate the implementation of the ESIA and ESMP across the parks and the transmission line;
■ Coordination with the Land Procurement Team to provide progress updates on RAP & LRP Implementation;
■ Coordination with RUMSL Park Level Teams to track overarching ESIA, RAP and LRP on site progress as well as oversight of the grievance management process;
■ On behalf of RUMSL, the E&S Team will undertake internal RAP & LRP monitoring;
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INSTITUTIONAL STRUCTURE AND IMPLEMENTATION
Entity Role/ Responsibility
■ Appointment and oversight of the External Environmental and SocialConsultant who will also undertake third-party Resettlement Monitoring;
■ Provide guidance on policy issues if need be as well as finalise theTerms of Reference (ToRs) and appointment of all external agencies forRAP and LRP implementation
RUMSL Bhopal Support Teams
■ Centralised support mechanisms to coordinate Finance, IT, Contractsand Human Resources across project teams in terms of maintenance ofdatabase, allocation of funds, management of budget, management ofcontracts for RIC and implementation partners and monitoring ofimplementation
Park Level Implementation
RUMSL Park Level Teams
■ These include District Renewable Energy Officers (DREOs) as well asthe Project Managers (Engineers and other Support Staff) to beengaged for each solar park;
■ The Park Level Teams will coordinate pre-construction and constructionphase activities and will also interact with district administration and landrevenue authorities (for instance the patwaris at village level and thetehsil administration) to coordinate land access;
■ RUMSL Park Level Teams will also set up Cluster Teams for theassociated transmission lines (applicable for Shajapur and Agar SolarParks);
■ This Team is expected to address and manage any grievances as Tier Iwith inputs from village level stakeholders, such as village leaders andrevenue officers (patwari)
RUMSL Cluster Teams
■ For the Agar and Shajapur Solar Park TL Segments, a cluster team (onefor 20 kms stretch) will be put in place to oversee procurement ofeasement, check survey and eventually construction activities prior tohandover to PGCIL;
■ The Cluster Team will undertake stakeholder engagement andgrievance redressal in coordination with the respective Park LevelTeams and the RIC for RAP & LRP along the alignment;
■ This Team is expected to address and manage any grievances as Tier Iwith inputs from village level stakeholders, such as village leaders andrevenue officers (patwari)
Resettlement Implementation Consultant (RIC)
■ RUMSL will hire a RIC to lead the implementation of the RAP&LRP incoordination with specific implementation partners for components suchas livelihoods and grazing management;
■ The RIC will also complete any pending household surveys andundertake village-level disclosure of the key entitlements andimplementation plan of the RAP & LRP. The RIC is currently envisagedas a single entity across the 1500 MW project and its transmission line toensure consistent implementation;
■ TheRIC will prepare and implement the household level entitlementsplans and actively implement safeguards coordinated with physical landaccess, private land procurement and compensation payments;
■ The RIC may also establish an Information Management System and willalso lead the internal progress monitoring;
■ The RIC will set up project-specific teams as required with the necessaryincorporation of specialists across gender, livelihoods and communitydevelopment;
■ The RIC will also assist RUMSL in recording consultations andresolution of grievances as well as assisting the local community toregister grievances, including setting up, training and capacity building ofthe Park-Level Grievance Management Committee;
■ The RIC should be selected among firms that have experience ofresettlement and rehabilitation in Madhya Pradesh (not necessarily onlyfor government sector projects) and for providing advisory towardscommunity development initiatives. See Appendix H for the ToR;
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Entity Role/ Responsibility
Implementation Partners for the Grazing Management Plan and Livelihood Restoration Plan
RUMSL shall engage implementation partners to support the RIC on the
livelihood restoration plan and the grazing management plan. Upon
appointment, the implementation partners will report into the RIC for project
progress. These implementation partners will be accountable for the specific
livelihood and/or grazing management component for which they have been
engaged. See Appendix I for the ToR; ■
Monitoring & Evaluation
External/Third-party Consultant
The External Environmental and Social Consultant that RUMSL’s E&S Team will hire (at the behest of the World Bank and lenders) will also undertake external monitoring of the RAP & LRP implementation as per the framework provided in Section 12.
In addition to ongoing monitoring at the defined frequencies, the External Monitoring Consultant will also undertake mid-term and end-term completion audit
See Appendix J for the ToR.
Park-level Grievance Management Committee
Each solar park (and cluster for the transmission line) will establish a Grievance Management Committee which will function as the Tier II forum to receive and resolve grievances. This Grievance Management Committee can also be proactively engaged by the RIC to obtain any overarching insights and/or suggestions from a local/problem solving perspective in RAP & LRP implementation and to resolve any conflicts.
Institutional Stakeholders
Government of Madhya Pradesh (GoMP) and Cabinet Committee
■ Strategic direction and oversight to district administration to facilitate anypending land allotment, physical land access as well as private landprocurement;
■ Approval of RAP & LRP budget and overarching implementationapproach;
■ Facilitation of any support required to take decisions on specificmeasures identified as part of the grazing management plan and theproposed resettlement housing safeguards
District Administration
■ Overall decision making and oversight of the land purchase through theMP Consent Based Land Purchase Policy 2014 including determinationof rates, facilitation of patta recording for informal sales/purchases,allocation of awaas pattas, allocation of alternate grazing land,agreements for providing access to grazing land for fodder intensificationprogramme etc;
■ This will be the Tier III forum to receive and resolve grievances
Land Revenue Department
■ The Land Revenue Department will be responsible for the overall landprocurement process, including the final assessment of the private andpatta land parcels and their compensation value and negotiation with theowners and obtaining consent;
■ The department will also be responsible for registration, land revenuecollection, changes in ownership, deed transfers, termination ofownership rights, and maintenance of land records and governmentpricing of land.;
■ The department will oversee physical land access including notice toformal titleholders and informal users to vacate and clear the land andnotification of retrieval of salvageable material;
■ This Department will also be engaged in the coordination of shifting,physical displacement and any documentation to provide rights tophysically displaced households as security of tenure.
MMGAM and PMAY-G schemes Stakeholders
These stakeholders will be responsible for the facilitation of the resettlement of those households who are provided replacement housing under these schemes. These stakeholders will need to ensure the completion of the resettlement process in keeping with the overall project timelines.
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Note: Presently, it is understood that RUMSL is required to procure and provide encumbrance free land to the solar plant developers (SPDs) that will be selected through the bid/tender process. The RAP & LRP currently does not envisage any specific role of the SPD. It is expected that eventually, once SPDs deploy their teams on site; there will be coordination and/or resource sharing (to be facilitated by RUMSL) between the RIC and the RUMSL Park Level Teams for the duration of the implementation of the RAP&LRP.
11.2 Implementation Safeguards
The RAP&LRP implementation will take into cognizance the potential overlaps and dovetailing opportunities with other management plans prepared for the project which is expected to be coordinated by the RIC, RUMSL E&S Teams and Park-level Teams:
Environmental and Social Impact Assessment and Management Plan (including labourmanagement plan);
Gender Action Plan (integrating additional safeguards identified in Section 10);
Stakeholder Engagement and Grievance Management Plan (integrating additional safeguardsidentified in Section 11.3); and
Indigenous People’s Development Plan.
The linkage to these plans will ensure a consistent and consolidated approach that avoids duplication of costs, community fatigue, inconsistent messaging and enables the efficient use of resources.
This section summarises steps in implementation of the RAP&LRP, including identification of agencies responsible for each activity and with a brief explanation of each activity. It is understood that further to the finalization of the RAP & LRP (based on lender comments and strategic disclosure at a community level), the RIC will be appointed by RUMSL concurrent to the bid finalisation process for the Solar Park Developers.
11.2.1 Identification of RIC and Other Associated Organizations
RUMSL will engage a Resettlement Implementation Consultant (RIC) for implementation of the RAP&LRP along with their teams and in collaboration with other implementation partners (for livelihoods, grazing etc.) and institutional stakeholders (e.g. district authorities involved in the Mutual Consent Policy implementation and land procurement).
The RIC in turn may put in place a project-specific team based on suggestions in the ToR (see Appendix I). This team will also ensure that there is no involvement of any intermediaries during the land procurement process. This team should have sufficient human resources who are well trained and able to communicate with and engage affected communities. As a suggestion, the RIC can also support RUMSL in undertaking any financial literacy initiatives that may be planned as part of the compensation payments process. RIC is also expected to oversee the engagement of all associated implementation partners (ToR provided in Appendix I).
11.2.2 Preparatory Activities
Upon appointment of the RIC, in addition to identification and engagement of specific implementation partners; the RIC and RUMSL will put in place the following process mechanisms as preparatory activities for RAP & LRP implementation:
Completion of the household survey for formal and informal titleholders linked to the progress ofprivate land procurement as well as physical land access (for identification of informal users);
Establishment of an Information Management System that is fit for purpose to integrateresettlement survey data, land cadastre and records and which will thereafter be used to trackland access, compensation payments; and
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Initiation of village-level disclosure of the Final RAP & LRP.
To facilitate the above, it is recommended that the existing stakeholder engagement safeguards developed as part of the E&S documentation, i.e. the SEP-GRM as part of the ESIA-ESMP; resettlement focused stakeholder engagement suggestions (see Section 11.3) and engagement mechanisms put in place by the FPIC facilitation agency, are integrated into a consolidated Stakeholder Engagement and Community Outreach Plan (SECOP) which will form the guidance for all RAP & LRP implementation activities.
The RIC will also revisit the indicative implementation schedule provided in this document and will update the same for ongoing updates into a progress tracking Implementation Plan in to a formal MS Projects or equivalent format to align with the project timelines and critical path items and milestones around compensation agreements, land procurement, resettlement and commencement of livelihood restoration activities. Sub-activity plans for each of the above components are expected to be developed by RUMSL and the RIC.
11.2.3 Training and Coordination across Agencies
The RAP&LRP implementation will include a close coordination between RUMSL’s Land Procurement and E&S team, the RIC and other implementation partners and government agencies. RUMSL and the RIC Team will develop a training module which will be imparted at the time of induction of implementation partners as well as ongoing capacity building. This training module will be developed to cover the following:
The Applicable Reference Framework
The Principles of Resettlement and Rehabilitation
Entitlement Matrix
SECOP (when developed)
Process of Implementation
Coordination and Interface across various agencies
Specific guidance on culturally appropriate engagement with local communities, ethics/anti-corruption, gender mainstreaming, awareness building on prevention of sexual harassment andgender-based violence for staff and support teams of agencies.
11.2.4 Information Management System
The RIC, in coordination with the RUMSL Land Procurement Team will establish and maintain an information management system which will be regularly updated during RAL & LRP implementation. The IMS will be fit-for-purpose and will include:
Base data from the land and asset and household survey which will thereafter be updated withcompletion of survey activities during land procurement and land access;
Geo-referenced khasra maps, land cadastre records and village maps, finalized project boundarydata and add additional data as part of the land procurement process;
household entitlement plans and process to track their status;
track compensation payments;
internal monitoring of KPIs (see Section 12) that will be provided to RUMSL’s E&S team.
The database will be designed to include information of project affected households, land and asset impacts and longer-term monitoring. The household ID will be used as a common feature to link land
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and asset, photography and videography information (where applicable) to enable preparation of compensation agreements.
This database will be used to inform the individual household level entitlement plans. Once the household level entitlement plans are prepared by the IA and signed, digital copies of the signed plans and the specific entitlements agreed upon will be updated and maintained in the database.
11.2.5 Land Procurement and Land Access Safeguards
The land access and private/patta land procurement through the MP Consent-based Land Purchase Policy (2014) is expected to be initiated during the mobilization and/or preparatory activities of the RIC. This will provide RUMSL and the RIC to complete household surveys of affected communities based on the following:
Completion of household surveys of formal titleholders (private and patta land) during theengagement process for land procurement;
Completion of land and asset inventory and household survey of informal users during physicalland access at the time of provision of notice for clearance of land/salvageable material throughthe district administration.
Based on the above, the RIC will initiate the development and signing of Household Entitlement Plans or HEPs (see format provided in the ToR) as follows:
For Private and Patta Land Owners: Following consent under the MP Consent-based LandPurchase Policy (2014); the household of the titleholders will be presented with HEPs to reiterateany additional allowances, resettlement housing options (as applicable) and livelihood programsthat are expected to be presented;
For Informal Users: HEPs will include compensation for the inventoried assets, improvements,allowances and other safeguards including options and choices for resettlement housing andlivelihood programs.
It is expected that the draft HEPs will be presented to the households and will thereafter be finalised and added to the IMS.
As part of the land access process, should any additional informal users be identified that have started use of government land after survey completion; they will be considered opportunistic (provided their use of the land is not corroborated based on December 2019-January 2020 drone imagery and village-level validation).
The RIC will use and/or update (for any inflation adjustment) the Market Valuation Framework (Section 7) for use to develop cash-based entitlements as part of the HEP.
Note: While the documentation under the MP Consent-based Land Purchase Policy (2014) will follow a prescribed administrative format; it is recommended that RUMSL (in coordination with the RIC), also include the following in such agreements:
Additional entitlements identified in the RAP&LRP;
Consent of the spouse in addition to the land owner;
Option for accessing the grievance redressal mechanism in place for the project; and
Steps that will be taken in case the land owner does not provide consent for the land purchase.
In parallel, the RIC will coordinate with the district administration to ensure that the land procurement and land access process aligns with the following principles and commitments of RUMSL:
No households will lose access to land prior to completion of compensation payments;
No forced eviction will be undertaken;
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Physically displaced households will be formally notified to leave only once their identified optionfor resettlement housing is implemented. Should land access of physically displaced householdsbe required due to any urgent requirement; temporary accommodation will be facilitated.
11.2.6 Implement Cash Compensation Payment Process and Tracking System
While RUMSL and the district administration will coordinate the compensation payments process as per the Mutual Consent based Land Purchase Policy (2014); RIC will need to coordinate and integrate a process to also consider any payments to informal users based on the signed HEPs. In particular:
Undertake a workshop, in collaboration with the Land Procurement and District Administration, onefficient delivery of compensation payments to informal users;
Bank account creation and any accompanying financial literacy initiatives;
Maintaining records based on the suggestions provided in the ToR (Appendix H);
Outreach to vulnerable households to ensure that there are no hurdles in accessingcompensation;
Intimation to RUMSL in case informal users have been asked to clear the land and addressingthe situation.
11.2.7 Record keeping
The IMS will extend into physical and electronic record keeping (based on a procedure to be agreed between RUMSL and RIC) as an auditable process to include:
Name of head of household and individual entities entitled for compensation;
Photo documentation;
Compensation agreements;
Individual grievances filed;
Compensation paid and schedule of proposed entitlements;
Signed agreement with signature of witnesses;
Specific feedback and consent for rehabilitation options; and
Copy of any permit issued by district administration for homestead land and property. .
11.2.8 Execution of the Implementation Components
Based on the Implementation Plan, Schedule and Mobilization of the implementation partners; the implementation strategies discussed in detail across Sections 8 to 10 as well as the Grazing Management Plan (Appendix E) will be executed.
While third party organizations may be involved in the implementation of specific components or programs, the RIC will be responsible for the overall implementation; grievance resolution; and ensuring alignment to the schedule and agreed HEPs. The IA will properly document each training and support provided and the engagement with the PAHs and submit the same on a regular basis to RUMSL as part of the internal monitoring process.
11.2.9 Specific Provisions for Vulnerable Groups
The proposed entitlement matrix provides specific consideration that will be extended to project affected households that are determined to be vulnerable. The intent is to identify potential households (and not individual household members) that may face differential impacts, or who may be more adversely affected my involuntary resettlement than others, or who may be limited in their
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ability to claim or take advantage of resettlement assistance. Each of the above strategies specify process safeguards (in addition to defined entitlements) in the form of preferential access, training (including financial literacy) counselling and monitoring during the RAP&LRP implementation.
11.2.10 Linkage to Local Employment and Contracting Opportunities
While RUMSL’s Resettlement and Livelihood Restoration Policy does not specify compulsory employment and jobs in the project; preferential and merit-based opportunities for local employment and contracting will be provided through the SPDs and their contractors. In addition to certain categories of impacted households (e.g. vulnerable households and physically displaced households); beneficiaries of skill development programs (as part of the LRP) will also be considered for such opportunities. In order to coordinate and have a central repository of interested individuals and their skillsets; the RIC will also be a link between the local community and RUMSL’s project teams as well as the SPDs and their contractors.
SPDs and their Contractors will need to abide by the labour management, gender and social inclusion safeguards that are provided under the ESIA-ESMP. In addition, they will also maintain a gender and disability disaggregated list of local employment and contracts issued with a specific mention to those that were provided to project affected households. The RIC will regularly update RUMSL E&S team on the progress and challenges (if any) as well as their resolution on the preferential local employment and contracting initiative.
11.3 Stakeholder Engagement and Grievance Management
The Stakeholder Engagement Plan (SEP) prepared as part of the ESIA-ESMP will be updated by the RIC into a Stakeholder Engagement and Community Outreach Plan (SECOP) which will contain:
Protocols for communication material and scripts that the field staff follow and prepare a list offrequently asked questions and answers relating to the RAP&LRP implementation and landprocurement process. RUMSL will indicate what messages and content and appropriate formatswill be used and these will be approved in advance;
The SECOP will specify the mechanisms to mainstream gender and social inclusion, along withadditional safeguards for vulnerable households. The SECOP will be updated in alignment withthe updated GAP and IPDP;
The SECOP will updated and amended as needed to reflect the evolving implementation andland procurement status;
The SECOP engagement records will be added to the IMS to track informed consultation andparticipation;
The SECOP will also include practical plans on its implementation at a cluster level for thetransmission lines.
11.3.1 Draft Final RAP and LRP Disclosure
RUMSL will disclose the Final Draft RAP & LRP on its website and undertake consultations with stakeholders directly affected by the Project for their feedback and suggestions. The consultation process will involve the following:
ERM will prepare disclosure material (a short flyer of 6-8 pages) in English and Hindi that is easilyunderstood by PAPs. This will include project details, proposed development timelines, keyprinciples of entitlements along with summaries of the management plans prepared. The flyer willprovide mechanism for providing feedback on the mitigation measures and implementationmechanism to make them more effective and efficient.
The disclosure materials prepared will be shared with Gram Panchayats from where PAPs caneasily access key information. The Gram Panchayat representatives will be requested to hold
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internal discussions and provide their collective feedback through the mechanism provided in the disclosure material shared with them.
ERM will support RUMSL and Tehsil Revenue Department to organize consultation meetingswith PAPs of villages in clusters in keeping with the protocols in place for the COVID-19Pandemic. These meetings will be organized at least after 2 weeks from the date on whichdisclosure materials are shared with relevant Gram Panchayats of that Tehsil, which allowsinternal discussions. The information pertaining to the time and location of the meeting will befixed in consultation with Gram Panchayat representatives and ensures their participation. Thefeedback and suggestions on mitigation measures and implementation mechanism will berecorded from these meetings.
In the villages which have ST population and their customary use of land allotted to Solar Parks isaffected, an Free Prior Informed Consent (FPIC) process is carried out. FPIC Facilitation Agency(FA) will do the capacity building of the affected STs on their right to FPIC and help themunderstand mitigation measures and benefits. The Facilitation Agency (FA) will also cover non-ST PAPs to consult them on RAP/LRP entitlements and other mitigation and benefits to them.
The Final Draft RAP &LRP will consider all feedbacks and suggestions received from the localcommunity and incorporate wherever necessary. The response and action taken with regard toall key feedbacks and suggestions will be provided as an Annexure to the Final RAP&LRPReport.
Key aspects related to disclosure of the impacts assessed and consultation process for finalization of mitigation measures is provided in the below.
Table 11.2 Disclsoure of Impacts and proposed MItigation Measures
Aspect Engagement Process with non-ST (ICP)
Management Plans to be Disclosed ESMP + RAP-LRP
Representative Body of PAPs Gram Panchayat (elected representatives holding office)
Provision of information necessary
for informed negotiation
Executive summary of Draft ESMP, RAP-LRP in Hindi and easy to
understand disclosure material
Willingness to engage in a process
and availability to meet at
reasonable times and frequency
Consultation meetings for receiving feedback on Draft ESMP, RAP-
LRP. Considering Covid-19 Pandemic this would happen for a cluster
of villages belonging to a Tehsil.
Internal discussion of key issues Key issues covered in ESIA, RAP-LRP will be discussed internally by
each village prior to the consultation meetings at Tehsil level.
Mutual acceptable procedures for
the negotiation
Informal agreement or expression of acceptance of mitigation
measures and benefits.
Willingness to change initial position
and modify offers where possible
Demonstrated through incorporations of feedbacks received from
public disclosure and consultation. The responses and actions on
specific feedbacks will be provided in an Annexure to the Final
RAP&LRP Report.
Provision for sufficient time for
decision making
At least two weeks time from the date of sharing disclosure material
will be provided for internal meetings by affected PAPs. The date and
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Aspect Engagement Process with non-ST (ICP)
time for cluster level (Tehsil) meeting for receiving feedback will be
decided in consultation with Gram Panchayats.
Outcome The consultation meetings for receiving feedback on Draft ESMP,
RAP-LRP is held peacefully and explanation/response to
feedback/queries is provided.
Incorporating response to all key issues raised in public meeting in
Final ESMP, RAP-LRP
11.3.2 Final RAP and LRP Disclosure
Prior to initiation of land access and land procurement; RUMSL and the RIC will undertake a village-wise disclosure of the final RAP & LRP (including cluster-level disclosure of the TL RAP & LRP) across concerned groups. While entitlements and key feedback (based on strategic disclosure of entitlements) will have already been incorporated at the draft-final stage; the village-level disclosure of the final RAP & LRP will also enable the RIC to embed suggestions of the local community into the SECOP and Implementation Plan. The disclosure will also reiterate key milestones/timelines for land access, the grievance mechanism to be adopted and roles and responsibilities of various agencies.
11.3.3 Facilitation of Surveys and HEPs
The RIC’s SECOP will include engagement safeguards that will accompany the completion of the household survey process and presentation and signing of HEPs. It is recommended that prior to commencement of this activity, the proposed formation of the Tier I and II grievance committees provided subsequently is also initiated and completed.
11.3.4 Engagement as part of Land Procurement
RUMSL will put in place a formal mechanism to enable coordination with the concerned government departments on the land procurement process, in terms of the assessment of land and assets, compensation determination, gaps against the Entitlement Matrix, the engagement with the land owners for consent and enabling a similar process to be followed for the informal users (including for valuation of assets and improvements on land).
11.3.5 Engagement as part of the RAP and LRP Implementation
The consultation conducted during the preparation of ESIA and RAP&LRP and engagement by RUMSL during the land identification and procurement process have established the ground-work for the next round of engagement with stakeholders for the implementation of RAP&LRP. The next round of consultation will be convened to inform the key stakeholder about the resettlement component of the project and to provide opportunities for PAHs to raise their concerns and propose alternatives.
One-on-one meetings will be convened with the PAHs and their representatives to discuss the resettlement options, eligibility requirements, livelihood restoration options and to negotiate their compensation packages. RIC will assist in building consensus of the proposed resettlement and livelihood restoration plan and address legitimate concerns of the PAHs.
As a mechanism of continual consultations during the implementation of the RAP&LRP, regular schedule meeting will be held between RUMSL E&S Team, Land Procurement Team,RIC and PAHs. A consultation log (registering the data, location, issues discussed, and action taken) will be maintained by the RIC. These consultation will continue throughout the RAP&LRP implementation.
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11.3.6 Proposed Engagement Activities RAP and LRP Monitoring
The cooperation and collaboration of all people affected by the project in the resettlement implementation are essential for the successful execution of the project. Therefore, throughout the monitoring phase of RAP&LRP, the PAHs will be consulted in identifying the concerns or questions with the implementation process. Special efforts will be made to ensure that women and vulnerable persons are included in expressing their issues and concerns in monitoring.
The PAHs will be consulted directly to ensure that the concerns and suggestion given by them during the disclosure process being reflected during the implementation process.
11.3.7 Grievance Redressal Mechanism
The existing mechanism to receive, review and respond to grievances will be customised by the RIC (with approval from RUMSL) to ensure implementation of the GRM. A transparent tracking system will be established as part of the IMS and the GRM will be periodically reviewed to ensure that issues of accessibility, transparency, and cultural appropriateness meet the expectations of all stakeholders. The review will help determine whether there are any recurring grievances that point to a need for changes in policy and procedures.
The following three-tier GRM to receive and resolve resettlement and land related grievances and concerns has been proposed based on the assumption that for each solar park; the park level team will coordinate grievances across project development phases on environmental and social issues. A public information centre will be set up as part of the solar park authority offices/premises. For the transmission line, RUMSL Cluster Teams will essay a similar role. The RIC will be the interface to provide the most accurate update on any land and resettlement related grievances.
11.3.7.1 Tier I: Project-level Resolution
The PAH/concerned party/applicant/stakeholder lodges a grievance with anyone from RUMSL’s park level teams and/or RIC. The grievance is acknowledged; filed and categorized based on the process to be outlined as part of the SECOP. The resolution of the grievance at a Tier I level will involve concerned departments from RUMSL, concerned local authorities (e.g. patwari for land-related issues) as well as designated village leaders and the gram panchayat.
The RIC will coordinate and develop a written response within a period of seven (7) working days. Response will be provided through a phone call and a letter; along with documentation in a response sheet, which will thereafter be notified, to the complainant.
If Tier I needs to escalate the matter to consult with local authorities and/or other internal project stakeholders, the concerned party will be notified on the revised resolution timeline.
11.3.7.2 Tier II: Resolution through Park-level Grievance Management Committee
If the applicant is not satisfied with the decision at Tier I level; the grievance will be forwarded to the second tier, which is a Park-level Grievance Management Committee for their necessary action. This committee will include:
■ Representative of the Solar Park Team;
■ External agency or NGO to be identified from within a district; and
■ Gram Panchayat representatives from the affected communities.
This tier will communicate the resolution to the applicant through the RIC within 15 working days of receipt of the grievance. If more time is needed for the matter to be resolved or to be escalated, the complainant will be accordingly informed.
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11.3.7.3 Tier III: Resolution through District Administration
If the applicant is not satisfied with the decision made through Tier II, the grievance will be escalated to the District Administration either directly at the district headquarters or the Tehsil Administration. At a Tehsil level, the Superintendent of Land Records (SLR) will be the notified authority to receive and acknowledge grievances and at a district headquarter level; the Collector’s public relations team which manage the Weekly Townhall process will be the notified authority.
The Tehsil and/or District authorities will coordinate with RUMSL and the RIC and any other government authorities as needed in order to develop a response within a period of 30 working days. The concerned administration will communicate the resolution to the applicant through a letter. If more time is needed for the matter to be resolved or to be escalated, the complainant will be accordingly informed.
For every level, the RIC will be responsible to document the entire process throughout grievance closing. At each stage of the process, the concerned party or stakeholder can also seek legal redress through the judicial system and will not be impeded in any way. The composition of the three-tier committee may expand and/or change as the project develops.
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Figure 11-2 Illustration of the GRM
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11.4 Costs and Budget
The RAP&LRP implementation for the project will be part of the overall flow of funds and commitments of the project. RUMSL will seek overall approval from the Cabinet Committee of the Government of Madhya Pradesh (GoMP) for the same. While unit wise/segment wise details are provided across Volumes 2A, 2B, 2C and 2D; the below summarises the key budget aspects:
11.4.1 Consolidated Solar Park Budget
The subsequent table provides an overview of the budget for the three solar parks based on the entitlement matrix that considers negotiated settlement:
Table 11.3 Summary of Consolidated Budget
Budget Component INR (₹)
Neemuch Solar
Park
Agar Solar Park Shajapur Solar
Park
Land Compensation (Private/Patta) 6,36,77,284.00 11,58,13,716 13,25,74,280.00
Asset Compensation (Private/Patta) 2,85,34,183.55 98,00,936.00 2,89,81,756.70
Transaction Cost Estimate (5%) 46,10,573.38 62,80,732.60 80,77,801.84
Sub Total Land and Asset (Private/Patta) 9,68,22,040.93 13,18,95,384.60 16,96,33,838.54
Cash Compensation (Informal Users) 7,14,42,383.50 5,38,67,220 4,06,90,042.00
ESMF Allowances and Rehabilitation Grant 13,07,02,885 9,86,05,571.24 8,70,90,281.00
Sub Total of the Above 88,07,49,647
LRP Interventions 4,48,32,666
Grazing Management Plan Interventions 99,89,763
Implementation Agencies (RIC, LRP, Fiscal
Agent, Civil Engineer) 2,05,60,000
Third Party Monitoring Agencies 25,20,000
Sub Total of the Above 95,86,52,076
Contingency (5%) 4,79,32,604
Grand Total 1,00,65,84,680
11.4.2 Consolidated Transmission Line Budget
The subsequent table provides an overview of the budget for the transmission lines for the three solar parks based on the entitlement matrix that considers negotiated settlement: The detailed budget is provided in Volume IID.
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Table 11.4 Summary of Consolidated Budget for Transmission Line Component
Budget Component INR (₹)
Sub Total Land Compensation 2,60,23,434.84
Sub Total ESMF Allowances 1,57,48,838
Total Construction-phase Damage Compensation 1,35,00,000
Cluster PIC Set Up during Access + Construction 1,80,00,000
LRP Implementation Cost 1,00,35,000
Administrative Costs for LRP Implementation 10,03,500
Contingency Cost 65,30,727
Grand Total TL RAP and LRP Budget 9,08,41,500
11.4.3 Key Assumptions for the Budget
The inventory of assets is based on field surveys and spatial imagery for areas not covered. Theassessment of titleholders is based on a review of land records provided by RUMSL;
Replacement cost unit rates as derived in Section 7 of this report have been used to derive costsof land and assets. It is understood that as per the MP Mutual Consent Policy, these costs will bedoubled as part of the final offer and this doubling has not been considered in the above;
For resettlement housing safeguards, no specific cost estimates are provided other than supportof civil engineers as part of the implementation agencies. Therefore, there is no double countingof structures. In addition, depreciation has not been considered to ascertain structure valuation;
An estimate of transaction costs provided is 5% to account for stamp duty, registration, andengagement of any legal counsels by RUMSL. It is understood that any transaction costs ontitleholders will be defrayed and/or not applicable;
Livelihood restoration initiatives are based on the options that are discussed in Section 9. Theseare derived based on information available in the public domain and reported costs associatedwith government and/or donor-funded projects. An Administrative Cost for Logistics at 5 percentof the total LRP Cost has been assumed;
For the RIC, a 3 member team has been assumed, with a person month estimation of INR 45,000a month
For LRP Agency, an assumption that one agency will be chosen for all initiatives and that therewill be an overall PM, 1 supervisor per initiative and 1 LRP coordinator per unit (so - salary costsfor a 2 year period for 1 PM, 3 supervisors and 8 LRP coordinators) has been made
For Fiscal Agent: an assumption of a person month estimation of 40,000 for 3 people in each ofthe parks has been made
No costs have been provided for financial literacy initiatives and bank accounts as these are to besubsumed within the contingency;
Third Party Monitoring Agency Cost is assumed to be 15% of the total RIC Cost
The Contingency for Solar Parks includes is calculated at 5% of total cost, while for Transmissionline is calculated at 10% of total cost as well as consultant monitoring charges engaged for Parkto extend into TL
Costs associated with the engagement activities to be undertaken and the implementation of theGRM will be covered as part of the 5% contingency.
For the GMP, the implementation timeline is considered at 1.5 years. The veterinary supportcomprises of the availability of an moving health van which will be available for consultations.
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In the Transmission Line Budget, the Cluster Cluster PIC Set Up during Access + Constructionbudget accounts for setting up 1 Cluster PIC for every 20 kms, a total of 6 Cluster PICs havebeen accounted for, with each Cluster PIC having a running cost of INR 500,000/Month for 6months
In the Transmission Line Budget, the Administrative Costs for LRP implementation are 10% oftotal LRP Cost
11.5 Implementation Schedule
The subsequent table provides an overarching/high level schedule for resettlement implementation that will be further detailed as a part of the implementation process. The schedule indicates how the resettlement activities will be linked to the overall implementation of the project (including monitoring & evaluation and delivery of livelihood restoration).
Based on this, RUMSL and the RIC will develop a Resettlement Implementation Schedule through MS Project with critical paths and milestones identified and to map the progress of land access and other safeguards. A similar schedule has been provided for the transmission line RAP and LRP as part of Volume IID taking into account certain constraints of linear nature of the infrastructure and procurement of tower footprint and easement access in coordination with the contractor.
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Table 11.5 Suggested Schedule – 1500 MW RAP and LRP
High Level Implementation Schedule for 1500 MW Project
2020 2021 2022 2023
Activities and Tasks Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Key Project Timelines
Bid Submission for Developers
Contractor Evaluation Process
Land Procurement Process and Project Footprint Finalization
Land Access for Early Works
Construction of Solar Park and Transmission Line
Commissioning and Operations
RAP&LRP Disclosure and Finalization of Implementation Plan
RAP&LRP Disclosure and Final Report
Finalization of Scope of Work and Engagement
of IA and other partners
Training Workshop for all Stakeholders Involved
in RAP&LRP Implementation
Completion of pending Households surveys
Final Implementation Plan for RAP&LRP
Compensation Agreements
Development of an Information Management
System and Resettlement Database
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High Level Implementation Schedule for 1500 MW Project
2020 2021 2022 2023
Activities and Tasks Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Development of Household Entitlement Plans
and Compensation Agreements
Execution of Household Compensation
Agreements
Cash compensation disbursement schedule
Opening/Reactivating of Bank Accounts
Internal financial approvals on
Individuals/Payments
Financial literacy training (and frequent
refreshers)
Compensation Disbursement
Resettlement of Physically Displaced
Agreement with PAHs on resettlement strategy
Assistance with application for resettlement
under government schemes
Overview of Construction of Resettlement
Housing
Shifting of Project Affected Persons
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High Level Implementation Schedule for 1500 MW Project
2020 2021 2022 2023
Activities and Tasks Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Security of Tenure Arrangements (Government
Liaisoning)
Livelihood Restoration Programmes
Prepare a list of PAHs and chosen livelihood
options
Prepare Activity Plans for each livelihood option
Finalise partners to deliver livelihood restoration
plans
Implement Short Term Livelihood Measures
Implement Long Term Livelihood Measures
Grazing Management Plan
Monitoring and Evaluation
Finalize M&E Framework and Requirements
Establish monitoring indicators in the IMS and
other operational checklists
Develop and implement internal monitoring
programme
Appoint External Agency
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High Level Implementation Schedule for 1500 MW Project
2020 2021 2022 2023
Activities and Tasks Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Third-party resettlement implementation
monitoring
Resettlement Completion Audit
Internal Organization Structure
Finalize structure and engagement of IA and
Implementation Partners
Finalize Legal Vetting of Compensation
Agreements and Security of Tenure
Arrangements
Ongoing information dissemination and GRM
Ongoing programme evaluation, supervision and
monitoring
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12. MONITORING AND EVALUATION
12.1 Framework Overview
This section describes a proposed framework on monitoring and evaluation to track the progress of resettlement planning and implementation, to identify any challenges during land procurement, to propose mid-course corrections and to document the overall process. This monitoring framework indicates process elements and key monitoring indicators as well as milestones across resources and institutional arrangements proposed in Section 11
RUMSL will monitor land procurement and access for the project to ascertain compliance to the agreed policy and principles (Section 6) and to ascertain that livelihoods of the PAHs as well as their living standards are restored to at least pre-project levels. This framework on monitoring an evaluation covers the following:
Process elements to track the implementation process;
Ascertain whether activities are in progress as per the schedule and the timelines are being met;
Documentation of progress against key performance indicators;
Measure to document stakeholder engagement, feedback and grievance Redressal (linked withthe Stakeholder Engagement Plan) disaggregated by vulnerability, gender, caste and religion tothe extent feasible;
Evaluate whether PAEs have been compensated following the requirements of this RAP&LRPand that PAEs have at least the standard of living no worse off than it was before the project;
Measure to proactively demonstrate gender equity and social inclusion;
Mechanism to enhance the use of available data and update the same for analytical purposes;and
Information disclosure that is require to stakeholder groups (including the local community andinvestors/lenders).
The subsequent section provides two-tier monitoring and evaluation structure, i.e.:
Internal monitoring by RUMSL E&S team and the RIC (including inputs from the park-levelgrievance management committee) and;
External monitoring by a third-party entity, which will be engaged by the RUMSL E&S team as theoverall external consultant for environment and social. This agency will also undertake a mid-termand end-term RAP and LRP completion audit.
RUMSL will also require the due diligence consultants and/or the third party engaged in monitoring resettlement implementation to undertake a Mid-Term Evaluation Audit within one year from commencement of implementation and a RAP & LRP Completion Audit prior to commissioning of the solar plant to document that the Resettlement and Livelihood Restoration Policy commitments and associated entitlements are disbursed. .
12.2 Internal Monitoring Process
RUMSL’s E&S team will be responsible for the monitoring and evaluation process with specific accountabilities across the overall implementation partners and the RIC.
The RIC and the RUMSL Park-level/cluster level team will conduct internal monitoring through the following:
Coordinate with related agencies in the planning and implementation of the RAP&LRP;
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Collect necessary data (through the RAP&LRP implementation plan, surveys and FGDs withexternal stakeholders), to set up a database of resettlement for RAP&LRP implementationprogress for internal monitoring purpose. This will build on the database established as part of theRAP&LRP preparation;
Identify any pending issues/non-compliance issues (through review of Grievances andengagement records) during RAP&LRP implementation; and
Work closely with the external agency to oversee the third-party review and audit process.
12.2.1 Internal Progress Tracking
RUMSL will implement the following tools and reports:
Stakeholder Engagement Database Tracking;
Grievance Redressal Mechanism Tracking;
Daily activity Tracker for each component of the Implementation Plan developed as a part ofRAP&LRP: the tool will be used to track and updated the daily progress (including no progress) ofeach activity component-wise;
Monthly progress Report: This report will be prepared by the RIC and implementation partnersand would get generated on a monthly basis as a compilation of the daily activity trackers (to bedeveloped as part of the RAP&LRP implementation schedule) along with a section to indicate anyqualitative commentary on challenges or any other feedback; and
Quarterly Implementation Report: this report will be prepared by the RIC, would have a high-level tracking of components and activities against the actual target, and would indicate overallfeedback based on the process-tracking tool.
12.2.2 Process Tracking
The quantitative progress tracking tools will be complemented with a monthly review of the processes and systems that have been put into place in order to identify any aspects of efficiency, budget constraints, participation constraints or any other resources constraints. The process tracking report is qualitative that will enable to input the Quarterly Implementation Report.
A quarterly view is a suitable timeframe to provide an overview of progress and future action assessment, especially to the senior management across RUMSL and lenders (World Bank and any other identified during the course of the project).
12.2.3 Outcome/Impact Tracking
RUMSL (through the RIC) will undertake a 6-monthly monitoring of the outcome/impacts of the components vis-à-vis specific baseline indicators. This process will be undertaken in the form of data collection (qualitative and quantitative) and can include any local organisation (i.e. implementation partners) engaged through the RIC.
12.2.4 Stakeholder Participation
The internal monitoring will ensure the participation of relevant stakeholders groups for a component and activity in order to obtain their perceptions on the progress, process and impacts. Some of the key stakeholder groups to be engaged with include vulnerable social groups and relevant local authorities (e.g. Land and Revenue Department, Irrigation Department, Agriculture department, livestock department etc.) will be linked to the SECOP for modes of disclosure.
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12.3 External Monitoring Process
RUMSL will engage a third-party consultant (EMC) with experience in monitoring and evaluation of resettlement in India to international standards, to undertake external monitoring activities and to provide an independent review of the implementation progress. The monitoring activities will require to be timed in such a manner that any corrective actions and/or mid-course correction can be identified.
The main objective of the external monitoring will be:
Audit the reports provided by theRIC vis-à-vis the actual progress on site;
Verify if the objective of enhancement or at least restoration of income levels and standards ofliving of resettled household has been met; and
As needed provide the suggestion for improvement of implementation of RAP&LRP to ensureachievement of the principles and objectives set forth in this RAP& LRP.
The following type of monitoring will be undertaken (at a minimum):
12.3.1 Quarterly Community Monitoring
In addition to engagement of the EMC, RUMSL will enable the PAHs (with representatives from the vulnerable PAHs and through the park-level grievance management committee) to undertake a review of the implementation process through their representatives.
The monitoring can function in the form of disclosure on activities undertaken for the quarter andPAH representatives to seek records on data, grievance redressal, budgets and any otherdocuments to ascertain the process followed and provide feedback.
This review will culminate in the form of a meeting (with documentation) that will identify anyissues with the activities undertaken for the preceding quarter to which RUMSL will have toprovide a response within a stipulated time period.
12.3.2 Independent Third-party Monitoring
An independent Resettlement Monitoring Report will be submitted to RUMSL (who in turn will share the same with the lenders involved) by a third-party/external agency. The frequency should commence with a quarterly report followed by a bi-annual report once the implementation stabilizes or nears completion. The independent monitoring report will describe the conformance of the process to the legal framework, especially international standards. The EMC will also describe any outstanding actions that are required to achieve compliance and describe further mitigation that are needed (if applicable).
Each external monitoring report will cover, among other aspects:
Verification of the Outcome/Impact generation monitoring;
RAP&LRP objectives and their status;
Impacts on vulnerable social groups and vulnerable households;
Review of socio-economic conditions and living standards of land users after resettlement;
Review of any data collected by RUMSL and its RIC through consultations with the affectedcommunity;
Review of level of income of resettled households after implementation of livelihood restorationmeasures;
Review of the implementation and delivery of entitlements;
Assessment of the adequacy of compensation;
Review the payment and use of the fund given for the procurement of land; and
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Actions required and timelines along with responsibilities.
ToR to engage the external agency along with the specific scope for the mid-term and end-term resettlement completion audit are provided in Appendix J.
12.4 Monitoring Indicators
The Monitoring and Evaluation (M&E) Plan provided in Table 12.1 includes the following type of indicators:
Process Indicators: measures in which the RAP&LRP implementation services are provided(i.e. stakeholder participation in public consultation, increased capacity of internal resources,Grievance Redressal, and the procedure in operation);
Outcome Indicators: measure the broader result achieved through the provision ofimplementation of RAP&LRP (i.e. completion of entitlement delivery, income level of affectedhouseholds, and the satisfaction of effected entities by implementation of RAP&LRP);
Baseline Indicators: to provide an information base against which to monitor and assess theRAP&LRP implementation progress and effectiveness during implementation and after theactivity is completed; and
Impact Indicators: measure medium-to-long –term changes in the living standards, employmentand behaviours, skill development, and improvement in livelihood earning means.
As part of the RAP&LRP, these indicators will be revisited and detailed out as appropriate.
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Table 12.1 Monitoring and Evaluation Indicators (Internal and External Monitoring)
Type Example Indicators for M&E Plan Records Frequency Key Performance Indicators
Resources
Process ■ Capacity building and training for the staff;
■ Oversight of contractors and their supervision;
■ Timely availability of funds;
■ Training plan and budget for local implementation partners;
■ Availability of logistics and associated infrastructure;
■ Audits and corrective actions from RUMSL
■ Financialspend records;
■ InternalTrainingrecords;
Internal audit reports.
Daily Activity Tracking and Monthly Progress Report
Organisation structure and sufficiency of resources
Baseline and Impacts
Baseline ■ Occupational pattern of the family—number of family members in
occupations and nature of that occupation and income generated fromit;
■ Average annual income levels of households; (disaggregated bymale/female headed households/gender/ethnicity and caste)
■ Personal access to durable assets and any movable assets; (bygender)
■ Health, education and skill profile of the household
■ Internal andthird-partymonitoring ofproject affectedentities
Annually or at the time of completion
Based on specific LRP indicators
Baseline ■ Occupation/livelihood profile and changes therein;
■ Health and education levels;
■ Influx and out-migration;
■ Work participation rate of male and females;
■ Access/arrangement/adequacy of physical infrastructure (road,electricity, drinking water, sanitation, telecommunication, etc); and
■ Access/arrangement/adequacy of social infrastructure (education,health, credit sources, markets, skill development, play grounds,worship places, etc );
■ Internal andthird-partymonitoring ofproject affectedentities
Annually or at the time of completion
Based on specific LRP indicators
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Type Example Indicators for M&E Plan Records Frequency Key Performance Indicators
Impact ■ Employment status of economically active members
■ Landholding size, area cultivated and production volume, by crop
■ Selling or transfer of cultivation land
■ Changes to productive capacity—pre- and post-disturbance
■ Changes to income-earning activities (agriculture)—pre- and post-disturbance
■ Changes to income-earning activities (off-farm)—pre- and post-disturbance
■ Changes to income-earning activities (livestock)—pre- and post-disturbance
■ Amount and balance of income and expenditure
■ Internal andexternalmonitoring
Quarterly Survey of occupation, income and access to infrastructure across a stratified sample
Impact ■ Qualitative standard of living improvement (including education, health
and sanitation facilities);
■ Generation of skills among youth and unemployed;
■ Land productivity improvement.
■ Internal andexternalmonitoring
Quarterly Survey of occupation, income and access to infrastructure across a stratified sample
Informed Consultation and Participation and Grievance Redressal
Process ■ Number of disclosure and engagement meetings;
■ Grievances by type and resolution;
■ Number of NGOs/CSOs participating in project;
■ Have consultations taken place as scheduled including meetings,groups, and community activities;
■ Communication material and their outreach;
■ Were special measures for vulnerable social groups implemented asnecessary?
■ Have any entities used the grievance redress procedures? What werethe outcomes?
■ Number of meetings exclusively with women;
■ Number of meetings exclusively with vulnerable households andvulnerable social groups;
■ Level of participation in meetings (of women, men and vulnerablehouseholds and vulnerable social groups)
Stakeholder Engagement Database
Daily Activity Tracking and Monthly Progress Report
Number of Disclosure Meetings with key commitments made or decision taken
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Type Example Indicators for M&E Plan Records Frequency Key Performance Indicators
Gender Mainstreaming
Process ■ Number (percentage) of women on monitoring committee
■ Number of Grievances posted by women (excepting anonymous ones);
■ Proportion of only female consultations;
■ Number of women-led community monitoring audits;
■ Number of women-led training programs.
Stakeholder Consultation Database and training records
Monthly monitoring
Percentage of women participation
Assisted Relocation
Outcome ■ How many households elected for self-relocation through the
government schemes?
■ How many PAHs moved to another District/Tehsil/Village forrelocation?
■ How many PAHs were provided support in terms of filing up the formsand meeting the documentation requirement as per these schemes
■ How many PAHs needed to be provided alternative housing for theinterim due to delay in construction of resettlement housing?
■ Was the support provided sufficient?
■ How many resettlement structures been registered in the name of thePAHs successfully?
■ Have resettled households moved elsewhere after selling or renting outtheir relocation houses?
Independent third-party reports
Bi-annually or yearly
Quantitative and Qualitative assessment of Outcome
Payment of Compensation and Allowances
Outcome ■ Was the valuation of land and assets in keeping with the principle of
replacement cost?
■ What was the top up paid to the PAHs to meet the requirement forreplacement cost
■ Have all households and community groups received entitlementsaccording to numbers and categories loss set out in the entitlementmatrix?
■ Are payments on time?
Independent third-party reports
Quarterly and/or bi-annually
Qualitative assessment of legacy issues and number of grievances
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Type Example Indicators for M&E Plan Records Frequency Key Performance Indicators
■ Are income and livelihood restoration activities being implemented asset out in the Livelihoods restoration plan?
■ Were compensation payments sufficient to replace lost assets?
■ Where compensation is paid to the male head of household, dowomen, and have access to the compensation money?
■ Did income restoration allow for re-establishment of livelihoods?
■ Have vulnerable groups been provided income-earning opportunities?
■ What has been the compensation used for?
Livelihood Restoration
Outcome ■ How much do resettled households know about LRP and entitlements?
■ Do resettled households know their entitlements? Do they know if thesehave been met?
■ How do resettled households assess the extent to which their ownliving standards and livelihoods have been restored?
■ How much do affected households know about grievance proceduresand conflict resolution procedures?
■ Were the affected households and their assets correctly enumerated?
■ Were entitlements sufficient?
■ Were vulnerable households and vulnerable social groups identifiedand assisted?
■ Have the affected households supported (clearing, land preparation,fertilizers etc.) inputting the given land to cultivation?
■ Are the cultivation of crops in the given land is of same yield value andquality as/than before?
■ What are the amount of resources (number of men or women hours,fertilizers etc.) spent on agricultural development on the new givenland?
■ Are the vulnerable households have given priority in employment andcontracting opportunities during the construction and operationsdepending upon the merit
Independent third-party reports
Quarterly and/or bi-annually
Qualitative assessment of outreach and impact
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RAP AND LRP FOR RUMSL’S 1500 MW SOLAR PARK PROJECT AND ASSOCIATED INFRASTRUCTURE ACROSS NEEMUCH, AGAR AND SHAJAPUR, MADHYA PRADESH Volume I (Final Report)
MONITORING AND EVALUATION
12.5 Integration of Monitoring Findings into Implementation
Based on the results of the internal and external monitoring process, a review of the RAP&LRP implementation strategy will be undertaken. As part of this, an action plan will be prepared aimed at any mid-course corrections or changes in approach that may be required to achieve the overall principles and provisions of RUMSL’s Resettlement and Livelihood Restoration Policy (Chapter 6). For this purpose, a risk register shall be prepared. This register shall then be tracked based on the results of the internal and external monitoring process and updated as required
12.6 Lender’s Update
RUMSL, RIC and EMC shall also hold monthly update calls with the lenders for the project during the RAP&LRP implementation. These calls shall be aimed at providing an update on the implementation process, results of the monitoring exercise and seeking their feedback on the same. The feedback from the lenders shall accordingly be incorporated into the implementation plan.
12.7 Resettlement Completion Audit
The purpose of the Resettlement Completion Audit is to provide third-party assurance that RUMSL has met the commitments made as a part of the RAP&LRP, in particular around the entitlements, market valuation, resettlement housing assistance, Livelihood Restoration of displaced households and the proposed implementation arrangements (including informed consultation and participation).
The completion audit will assess the implementation of the resettlement and its outcome including livelihood restoration and will have the following specific objectives:
Ascertain the status of land acquisition and compensation;
Evaluation of the impact of the compensation and livelihood restoration program measured through incomes and standards of living, with an emphasis on the “no worse-off if not better-off” requirement;
Adequacy of gender-mainstreaming, stakeholder engagement and grievance redressal;
Ascertain the adequacy of measures to monitor self-relocation;
Assessment of the socio-economic status of the affected population;
Potential legacy issues and risks identified through the risk register that may need to be tracked and monitored;
Identification of potential corrective actions necessary for any unresolved issues and/or unintended consequences of the RAP & LRP implementation that may have been identified.
The mid-term and end-term completion audit will be based on documents and material generated by internal and external monitoring and field assessment with affected people. The completion audit indicates whether livelihoods have been restored and provides details on any residual issues that can pose as risks to the project. The external auditor will not deliver a Completion Audit report if there are outstanding items from the resettlement and compensation such as livelihoods not being sustainably restored.
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APPENDIX A DETAILED APPROACH AND METHODOLOGY
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Reconnaissance Visits
The Environmental and Social Impact Assessment site visits were undertaken during the months of November-December 2019. These site visits were used to scope the resettlement impacts and develop an understanding of the then project footprint to plan for the primary data collection for the RAP&LRPs. As part of these site visits, informal consultations were conducted with local communities in the project footprint villages to understand the sensitivities associated with the proposed project footprint and also tentatively identify impact categories and entities to be surveyed.
GeoSpatial Assessment of Project Footprint and Optimization
In November 2019, a drone survey for the existing land use and land utilization was undertaken for the entire project footprint. The results from this drone survey were used to undertake a contour mapping, land use analysis and a drainage investigation for the proposed project. This drone imagery was then used by third party consultants engaged in the project to optimize the project boundary in terms of solar irradiation and maximum optimization of energy production.
Land Use Analysis
ERM also analysed the drone imagery made available for all three parks, for identifying the following:
Any improvements on the land parcels, including structures, boundary walls, tube wells etc.
Water bodies
Large tree clusters
Any land parcels which appeared to be under agricultural land use
The results of this analysis was shared with RUMSL and third party consultants and a workshop was held in Bhopal on 25th February 2020 to discuss the findings of the drone survey, Tarmeem process and ERM’s analysis of the E&S sensitivities. The purpose of this workshop was to inform the project boundary optimization process to be conducted based on the information available. One of the key principles agreed upon for avoidance of impacts was the exclusion/carving out of structure clusters from the proposed project footprint. Based on the feedback given, the third party consultants undertook a process of project boundary optimization during April 2020- June 2020. As part of this exercise, a certain portion of the proposed project boundary had to be carved out due to
incorporation of exclusion and/or avoidance measures;
Technical feasibility criteria such as slope and contiguity.
Development of a Draft Entitlement Matrix for Discussion
Based on the review of the optimized project boundary, ERM developed a draft entitlement matrix for RUMSL, IFC and WB’s consideration on 5th July 2020. The DEM provided an understanding of the proposed project footprint and the associated socio-economic aspects, the land procurement process, the scope of the resettlement plan, principles for resettlement and the proposed entitlements. This was followed by a conceptual approach for the resettlement surveys. An online workshop was conducted with IFC and WB (RUMSL representatives were unable to attend) on 8th July 2020 to discuss the provisions of the DEM. The key feedback was received from the WB and IFC, which subsequently shaped the approach and methodology for the RAP&LRP surveys:
For the purpose of the planning of the resettlement scope and surveys, the land procurement was to be considered as involuntary, as there is a possibility of land acquisition being triggered in case the land owners/patta holders do not provide their consent to the land purchase
A census survey is to be undertaken of all impacted entities identified for the projects
Land and asset survey to be undertaken for both formal and informal land users
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As part of the land and asset survey initial feedback be sought from the impacted entities on their willingness to sell their land if purchased through the mutual consent policy
Primary Socio-Economic Baseline Data Collection
Work Plan and Tool Development
Based on the feedback received on the Entitlement Matrix, the ERM team put in place a site visit schedule and a work plan for the field activities. The site visit schedule was shared with RUMSL on 16th July 2020 along with the details of the support needed from RUMSL throughout the site visit. In addition to this, the following tools were developed for data collection:
Household Survey Tool
Land and Asset Survey Tool
Village Profile Tool
For the purpose of the FGDs and KIIs, the key points to be discussed with each stakeholder were listed and agreed upon internally.
Online Platform and Database Establishment
In order to allow for efficient data entry and ensuring that the land and asset surveys were undertaken for the correct land parcels, the ERM team established a database and data recording platform on the ArcGIS Online (AGOL) Application. For this application, the existing layers of drone imagery, optimized boundary, village and khasra boundary and ERM sensitivity mapping were uploaded. Each ERM team member had access to this database in a downloaded format, on their phones through unique log in credentials. This application was used for recording data in terms of observation points and photographs for the duration of the survey. In addition to this, an application was set up on Survey123 mobile application, which used this database to record the data from the land and asset survey.
Initial field verification of the footprint and identification of Physical Displacement clusters
The ERM team mobilized to the site on 28th July 2020 and undertook a reconnaissance of the final project footprint made available in June 2020 and which was not available at the time of the resettlement scoping (concurrent with ESIA consultations) to confirm the nature and category of impacts that the surveys were to assess.
As part of this activity, the ERM team was accompanied by the concerned patwaris and chowkidars of the villages. The purpose of this reconnaissance was to visit the settlement clusters identified through the drone imagery analysis and verify whether the same are being impacted as part of the optimized boundary or not. This was done through a review of the location on the AGOL application. In places where the structures were within the optimized project boundary, geo-referenced pins were recorded through the AGOL application. This reconnaissance was also used to identify any changes in the project footprint and its use since the ESIA site visit. Finally, the ERM team undertook certain strategic meetings and discussions with the following external stakeholders to better plan the RAP & LRP surveys:
Superintendent of Land Records, Agar
Superintendent of Land Records, Shajapur
Tehsildaar; Agar
Tehsildaar; Shajapur
Patwaris of the villages in the project footprint
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Local community in villages such as Madhopura
Development of Indicative Types of PAEs
Based on the understanding developed during the ESIA stage, resettlement scoping and the reconnaissance of the project footprint, an indicative list of impacts and impacted entities was developed. For the purpose of the survey, the impacted entities were categorised into the following:
Private land owner
Patta holder on government record
Informal patta holder or those who informally purchased patta land from SC households
Squatter on govt land for agriculture land
Squatter on govt land for residential purposes
Household on “Awas patta” allocated by Gram Panchayat,
Sample household from among the landless households in the villages
Commercial Entities
Initial Field Testing of Tools
The ERM team also undertook an initial field testing of the tools in villages outside the project footprint (but within the tehsil) on 1st August 2020. This was important for capturing the various existing livelihood strategies and land use categories as well as identifying any impact or vulnerability presently not being adequately captured by the tools. Based on the experience of the field testing the tools were updated. Once the survey tools were finalized, a data entry code was developed for enabling proper data entry.
Training of Survey Team
A two and a half day workshop was undertaken with the survey team during 3rd August- 6th August 2020. The purpose of this training was to:
Familiarise the team with each other
Provide a project and RAP& LRP context
Provide an understanding of the applicable reference framework and the Entitlement Matrix developed
Discuss the field work methodology and survey tools developed
Mock test the survey tools within the survey team and make any changes needed
Discuss the health and safety protocol in place for the survey duration, specifically in regards of the COVID-19 Pandemic
Village Profiling and Initial Mapping
Prior to the initiation of the household and land and asset surveys in each village, the ERM team undertook a meeting with the village Sarpanch, concerned Patwari; Chowkidar and local community members. The purpose of this meeting was to undertake the village profiling and undertake a detailed reconnaissance of the project footprint. The purpose of this detailed reconnaissance was to:
Identify the exact land parcels which may be encroached or squatted upon;
Make a list of the encroachers/squatters on the project footprint along with their contact details ( to the extent possible);
Make a list of members of the community who are landless (for sample household surveys); and
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Identify any complexities or sensitivities in regards to resettlement planning for that village
These initial meetings were also used to provide the preliminary information of the upcoming surveys to the local community and to establish local contacts who could assist ERM in the process.
Land and Asset Surveys
Further to village profiling and understanding the informal patterns of land use, a schedule/process in consultation with the villages was drawn up to undertake land and asset surveys which were aimed at providing an understanding of the land use and profile or immovable assets impacted. In accordance with the applicable reference framework, this survey data will not be used to calculate the final compensation amount for the impacted entities, as that will be done in accordance to the MP Consent-based Land Purchase Policy (2014). In keeping with this the land and asset survey was undertaken through two methods:
Private land owners: through a recall basis along with the household survey;
Patta holders and informal land users (encroachers/ squatters): through an on ground survey by the ERM Land and Asset (L&A) team
The same Land and Asset form was used for both the methods of data collection. The on ground L&A surveys were done in the presence of the impacted entity or their representative; to the extent possible. The following key steps were followed for the land and asset process:
The land parcel was identified through the use of the AGOL App (placing the location within the footprint) and thereafter spatial information and photographs of the land parcel were recorded through the Survey 123 application;
The details of the different impacted entities (in case of multiple users) were noted along with any demarcations of the land area (regardless of whether they were marked by physical boundaries or not);
Recorded details of the cropping pattern for the present cropping cycle and the previous year cropping cycle;
Recorded details of improvements on land through discussion with impacted entity
Recorded details of structure in terms of measurements and construction material used through visual observation, measurement and discussion with impacted entity
Recorded details of all trees (fruit and timber) present in the impacted land parcel. For fruit trees details in terms of species; productivity and number of trees was recorded. For timber trees, details in terms of species, girth and number of trees was recorded.
Recorded details of any other immovable assets (such as deep well) that were observed on the land parcel
For each of the mentioned assets the details of the associated user/impacted entity was recorded and each new impacted entity was given a unique PAE (Project Affected Entity) code
Details of any permanent (engaged for a year or more) labourers engaged on the land parcel were also recorded
In order to provide RUMSL an understanding of the PAE’s perception of land take, a feedback was also sought on the willingness of the owner/user to sell their individual land parcel if purchased through the MP Consent-based Land Purchase Policy (2014). It should be noted that this cannot be construed as final consent by the owner/user and that process will be undertaken by RUMSL at the time of land procurement
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Household Surveys
The quantitative household surveys were undertaken from 6th August- 28th August 2020 for the following groups:
Households to be impacted by land loss under formal or informal use;
Households whose residential structure was to be impacted by the project footprint
A sample of the households in each village who were landless, to provide a profile of the local community and specifically those households who may be significantly dependent upon agricultural labour for their livelihoods
These surveys were a key source of information on the profile of the affected communities. The information was gathered on: (i) demographic and settlement pattern; (ii) social organization; (iii) resource economics and livelihood patterns; (iv) land ownership; (v) customary practices; (vi) availability of social services in the project area. The survey was undertaken through a structured questionnaire (Appendix B) to identify the characteristics of the affected community which would be a socio-economic baseline for the RAP&LRP. The volumes 1 (A-D) provide the details of the start dates and end dates of the surveys in each village.
To the extent possible, an attempt was made to survey the head of the household in the presence of their spouse. In the absence of the head of household (in case they were away either for an extended period of employment or for farming, etc.) a responsible representative of the household was surveyed. In cases where no representative of the household was available, an attempt was made to contact the head of the households and identify a suitable time and location to complete the survey.
In addition to the household surveys for the project affected households (PAHs), the ERM team also undertook a survey of 93 households that reported landlessness and dependence on government land across the villages over and above any land users identified. The same household survey format was used for this purpose. The primary aim of these surveys of landless households was to help build a profile of the local community and identify any different trends from the PAHs (as all the PAHs have access to or own land). For the purpose of these sample surveys, a list of landless households was developed in consultation with the Sarpanch and other village members. Households from that list were then surveyed based in an opportunistic manner, based on their availability and willingness to participate in the survey.
Participatory Mapping for Grazing Area
In addition to the quantitative data collection, a detailed understanding was developed of the grazing land in each village and the potential impacts on the same due to the project. This was done through detailed discussions at each village supported by a Participatory Mapping exercise. The purpose of the mapping exercise was to identify the grazing area used by each village, against the government designated grazing land and the proposed project footprint. Through the discussions an attempt was also made to understand the nature and magnitude of impacts associated with the loss of grazing land and the community perception on the proposed mitigation measures. In addition to this, GPS points were taken on the AGOL application whenever the ERM team witnessed grazing occurring within the proposed project boundary.
Focus Group Discussions and Key Informant Interviews
In addition to household surveys, FGDs and key informant interviews were undertaken with key stakeholders, i.e. the community, the then project affected households, local administration and non-profit organizations working in the area.
FGDs and KIIs aimed at capturing the qualitative data such as settlement profile, people’s opinion and perception about the project as well as gaining feedback and inputs to inform resettlement planning. This information thus served to triangulate the quantitative information collected during the household survey.
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Secondary Data Collection
ERM undertook a process of collecting the secondary data in terms of unit cost for the land and immovable assets to be impacted as part of the data collection process. For the purpose of this data collection, ERM undertook consultations with various concerned departments including revenue department, agricultural department, forest department etc. through these consultations an effort was made to:
Develop an understanding of the official process of evaluating the identified assets;
The value of the assets on the land to be impacted by the project;
This understanding was used to develop the entitlements for the impacts identified and calculating the budget for the RAP&LRP.
Data QA/QC
A three step data QA/QC process was undertaken:
A first level QA/QC was done by the ERM team leads during the survey on the field. The purpose of this was to check for any missed questions; starkly incorrect answers and to ensure that the surveyors were asking the questions in the spirit of the letter. This process was also used to capture any critical anecdotal information which may not necessarily get captured in the survey format;
A second level QA/QC was done on a daily basis through a random check of every fifth survey format of the day. The purpose was to check the QA/QC done by the team leads and identify any areas of concerns and path corrections needed;
A final QA/QC was done once the data had been entered and was ready for analysis in terms of errors in data entry and overall trends visible.
As part of the survey team a data analyst was present on site and was undertaking the data entry process in parallel to the surveys. Subsequent to the survey completion, the data was transferred to an MS Excel format based on the Data Entry Codes. This data was then analysed and used to develop the socio-economic baseline of the PAHs (refer to the Volume 1) and identification of entitlements. As part of this data analysis, any outliers or potentially inaccurate information was also identified along with possible reasons for the same.
Based on the above activities, this RAP&LRP has been developed in keeping with the provisions of the applicable reference framework.
Report Compilation
The purpose of this document is to put in place an understanding of the PAHs and PAEs to be impacted by the project land take, their socio-economic profile, the nature and magnitude of impacts from land take and identify the entitlements required to mitigate these impacts.
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APPENDIX B PRIMARY DATA COLLECTION TOOLS
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Tool 2: Land and Asset Survey Form – RUMSL 1500 MW 0.1 L&A Team Number: 0.2 Date of Survey (DD/MM/YY): 1.0 Land Parcel Details
1.1
District
(Code)
1.2
Tehsil
(Code)
1.3 Village
(Code)
1.4
Plant
Unit
1.5 Khasra Number 1.6 Khasra
Ownership
(Code)
1.7 Total
Khasra
Area
(bigha)
1.8 Land Use
(Code)
1.9 Area under
agriculture (in
bigha)
1.10. Area
under
homestead (in
square meter)
2.0 Information of Project Affected Entity (PAE) for the Khasra/Affected Parcel
2.1 Name of the PAE 2.2 PAP
ID
2.3 Household ID 2.4 PAE Impact
Category
(Code)
2.5 Is PAE
present? –
Y/N
2.6 If N – name of the
respondent
2.7 If N –
relationship of
respondent to PAE
(Code)
1.6 Khasra Ownership Code
01 – Private
02 – Patta
03 – Government – Encroached
04 – Government – Squatted
05 – Government – Awas Patta
1.8 Land Use Code
01 – Agriculture
02 – Residential
03 - Commercial
04 – Fodder Lot
05 – Mixed Type 1 (Agri + Resi)
06 – Mixed Type 2 (Resi + Commercial)
07 – Mixed Type 3 (Agri + Resi + Commercial)
08 – Mixed Type 4 (Agri + Commercial)
09 – Mixed Type 5 (Fodder + Agriculture) 10 – Mixed Type 6 (Fodder + any other use)
2.4 Project Impact Category Code
01 - Private Land Owner
02 – Private land Co owner
03 – Patta Land Owner
04 – Patta Land Co Owner
05 – Informal Patta Holder
06 – Land owner encroachment on government land
07 - Squatter on government land
08 – Household on “Awas Patta” allocated by GP
2.7 Relationship of Respondent to PAE
Code
01 – Kin (Within the Family)
02 – Relative
03 – Representative
04 – Land User (for private and patta land
parcels)
05 – Labourer engaged by PAE
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3.0 Land Improvements and preparation cost for the khasra undertaken by PAE (Within last 2 years)
Type Amount (INR)
3.1 Land Clearing Cost
3.2 Cost to install irrigation systems (if any) – include multiple
3.3 Cost of Soil fertility enhancement (if any)
3.4 Cost of preparation for horticulture/hybrid crops (if any)
3.5 Temporary Boundary/Fencing Cost (if any)
3.6 Total Cost of Improvement on Land (Total of 3.1 to 3.5)
4.0 Crop Details – Record information for the last one year
4.1
Crop
ID
4.2 Crop
Type (Code)
4.3 Crop Status
(Code)
4.4 Variety
of Crop
Type (Code)
4.5 Percentage
of Parcel
Cropped (%)
4.6 Source
of Irrigation
(code)
4.7
Production/
Output (in
kgs)
4.8 Is there
any other user
of the crop?
Y/N
4.9 If Yes – name of the user
or Not Applicable
4.10
PAP ID
C1
C2
C3
C4
C5
C6
C7
C8
4.2 Crop code 1. Soyabean 2. Wheat 3. Mustard 4. Maize 5. Onion 6. Potato 7. Garlic
8. Ladyfinger 9. Orange Orchard 10. Mango Orchard 11. Guava Orchard 12. Fodder Crop 13. Mixed Vegetable 14. Urad Dal 15. Kabuli Chana
16. Ground Nut 17. Poppy 18. Bajra 19. Jowar 20. 21.
4.3 Crop Status
01 – Standing Crop
02 – Previous Season
03 - Other
4.4 Crop Variety
01 – Local
02 – Hybrid
03 - Other
4.6 Source of irrigation 1. Rain 2. Ponds 3. Check dams 4. Open well 5. Tube well 6. Canal water 7. Other
5.0 Fruit Tree Details
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5.1
Fruit
Tree
ID
5.2 Fruit
Tree
Type
(Code)
5.3 Total
Number of
Trees - Count
Count by Maturity 5.9 Is there any
other user of
the fruit trees?
(Y/N)
5.10 If Y, then name of the user 5.11 PAP ID
5.4
Sapling
5.5 Young
Non
Productive
5.6 Young
Productive
5.7
Mature
5.8 Old Non
Productive
F1
F2
F3
F4
F5
F6
F7
F8
F9
F10
F11
F12
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6.0 Timber /Other Forest Tree Details
6.1
Tree ID
6.2 Timber
Tree (Code)
6.3
Count of
Trees
6.4 Type of Timber
Tree Use (Code)
6.5 Diameter at
Breast Height
(m)
6.6 Height
(m)
6.7
Volume
(cubic m)
6.8 Is there any
other user of the
trees? Y/N
6.9 If Yes – name of the
user
6.10
PAP ID
T1
T2
T3
T4
T5
T6
T7
T8
T9
T10
T11
T12
5.2 and 6.2 Tree Type code (Timber and Fruit)
1. Babul 2. Safed Kikkar 3. Kumttha 4. Palash 5. Tendu 6. Junglee Kikkar 7. Neem 8. Banyan 9. Peepal 10. Gular 11. Safed Babul 12. Chilbil 13. Imli 14. Sharifa
15. Mango 16. Mahanimb/Maharokh 17. Shisham 18. Karang 19. Loasara 20. Bor 21. Khejdi 22. Pindalu 23. Bakain 24. Ram Babul 25. Khajur 26. Vilayti Babul 27. Arand 28. Bada Ber 29. Guava 30. Mahua
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
6.4 Type of Timber Tree Use
01 – Timber
02 - Fuelwood
03 - Fodder
04 - NTFP
05 – Other Forest
06 – Sacred
07 - Other
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6.0 Structure Details
6.1
Structure
ID
6.2
Structure
(code)
6.3
Type
of
Roof
(Code)
6.4
Type
of Wall
(Code)
6.5
Type
of
Floor
(Code)
6.6
Length
(in
meter)
6.7 Breadth (in meter)
6.8 Height (in meter)
6.9 Approximate Built-up Area of the structure (sq mtr)
6.10 No. of Storeys
6.11 Year of Construction
6.12 Current condition (code)
6.13 Is the structure user different from owner? Y/N
6.14 If Y, name of user
6.15 PAP ID
S1
S2
S3
S4
S5
S6
S7
S8
6.2 Structure Code
01 – Residential
02 – Commercial/Shop
03 – Residential cum Commercial/Shop
04 - Agricultural
05 – Cattle Shed
06 – Poultry Shed
07 – Religious
6.3 Type of Roof
01 – RCC
02 – CGI Sheets
03 – Tiles
04 – RBC
05 – Stone
06 – Thatch
6.4 Type of Wall
01 – Cement/Concrete
02 – Brick
03 – Mud
04 – CGI Sheets
05 – Stone
06 – Wood 07 - Other
6.5 Type of Floor
01 – Cement/Concrete
02 – Tiled
03 – Wood
04 – Mud
05 – Marble
06 – Stone
6.12 Current Condition
01 – In use
02 – Under construction
03 – Partially Used
04 – Abandoned
05 – Seasonal Use
06 - Other
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08 – Compound Wall
09 - Foundation
10 – Kitchen
11 – Toilet
12 – Water Tank
13 – Private Hand pump
14 – Cattle/Livestock Feed Stall
15 - Storage Shed (Fodder/Grains/Firewood)
16 – Chattri/Memorial
17 – Naad
18 - Greenhouse 19 - Other
07 – Plastic Sheets 08 - Other
07 – Mezzamine (Handmade)
08 - Other
7.0 Other Miscellaneous Assets (Manually Written)
7.1 Asset
Code
7.2 Type of
Asset
7.3 Movable (M)
or Immovable (I)
7.4 Description 7.5 If immovable,
is asset user
different from
owner? Y/N
7.6 If Y – name of user 7.7 PAP
ID
A1
A2
A3
8.0 Summary of Users Identified on Land Parcel
8.1 User
Code
8.2 User PAP ID 8.3 User Name 8.5 Code of Asset(s) Used 8.6 Duration of Use (Number of Years)
U1
U2
U3
U4
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9.0 Details of Labour Identified on Land Parcel
9.1 Is there a labour on parcel? (Y/N) 9.2 If Y, number of labour
9.3 If Y, from same village or outside village? (W
/ O )
9.4 If Y, arrangement with labourer Permanent / Casual / Contracted
10. Consent for Private and Patta Land Khasra
10.1 If Govt. of MP requests to purchase this land parcel, will you agree to sell
your land?
Yes / No / Not Applicable
10.2 If not agreeable, reason for the same? 1.0 Not Interested 2.0 Only land parcel / limited land holding 3.0 Worried about impact on livelihood 4.0 Negligible Information 5.0 Other: ________________________________ 6.0 Not Applicable
166
Rewa Ultra Mega Solar Limited 550 and 450 MW Solar PV Project, Agar- Malwa and SHajapur,
Madhya Pradesh Household Survey Questionnaire for Physically and Economically Displaced Households
Household Identification Number (by survey team) – pre-filled by ERM …………
Enumerator Details:
Enumerator Code: Unit code
Date of survey: (DD/MM/YY)
Supervisor Name Date of Data Check I
ERM Team Date of Data Check II
Household Location Details: (prefilled)
District code: Tehsil code:
Village code: Settlement name
Name of Owner/User being Surveyed (from list)
Impacted Entity 1. Private land owner 2. Patta holder on government record 3. Informal patta holder 4. Squatter on govt land for agriculture land 5. Squatter on govt land for residential purposes 6. Household on “Awas patta” allocated by GP 7. 10% sampled household
Category of Impacted household a. Physical displacement b. Economic displacement c. Both d. Sample household
Corresponding Land and Asset Form number
SECTION A BASIC INFORMATION
1. Name of the respondent
2. Name of Head of
Household (HoH)
Wife of /Son of /Others
3. Respondent Relationship
with HoH (tick as
Appropriate)
a. Myself b. Spouse c. Son / Daughter d. Son-in-law / Daughter-in-
law e. Grandson /
Granddaughter f. Father / Mother
g. In-laws h. Brothers/sister i. Brother-in-law / Sister-in-law j. Cousins k. Nephew/niece l. Other (specify)……..
4. Number of Household
Members
a. Males b. Females
5. Religion a. Hindu b. Muslim
c. Christian d. Jain e. Others
6. Caste a. General b. OBC
c. SC
d. ST e. Others
7. Name of social group
8. Vulnerability (tick as many as applicable)
a. BPL (BPL Ration Card)
b. Women HoH
c. Households with only elderly (60+)
d. landless e. Artisan f. None
SECTION A.1. INFORMATION ABOUT THE MEMBERS OF THE HOUSEHOLD ( USE EXTRA SHEET FOR BIGGER HHS)
For All Members of the Household
9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
SI.No. Full Name Relation-
ship with
HOH
Sex Age Marital
Status
Literacy Currently
Studying
(Y/N)
If no in Q
15. Reason
for
Discontinuin
g of
education
Last Level
of
Education
Completion
Disability Chronic
Health
Condition
Primary
Occupation
Secondary
Occupation
Any
Existing
Skill Set
Do you
have a
certificate
for any
training
received
(Y/N)
PAP ID
1
2
3
4
5
6
7
8
9
10. Relationship with
Head of Household 1. Head of Household 2. Spouse 3. Son / Daughter 4. Son-in-law /
Daughter-in-law 5. Grandson /
Granddaughter 6. Father / Mother 7. Parent In law 8. Brothers/sister 9. Nephew/niece 10. Grandparent 11. Brother-in-law /
Sister-in-law 12. Other relative 13. Cousins 97. Other non-relative
11. Sex 1. Male 2. Female 3. Other
14.Literacy
1. Can read 2. Can write 3. Can read and write 4. none
17.Last level of education completed
1. Primary 2. Secondary level 3. Higher Secondary level 4. Graduate 5. Post Graduate 6. Vocational Training 7. Not school going age 8. Never attended formal education
18. Disability
1. No 2. Eye Sight 3. Mobility 4. Speech 5. Mental Disability 6. Hearing 7. physical 8. Other
19. Chronic Health
Condition
1. Diabetes
2. Cancer
3. HIV-AIDS
4. Anaemia
5. Asthma
6. Arthritis - bone pain
7. stomach and intestine
related disease
8. heart disease
9. blood pressure
96. None
97. Other
13. Marital Status
1. Married 2. Single 3. Separated/
abandoned 4. Divorced 5. Widowed
16. Reasons for discontinuing
education
1. No reason 2. Age 3. Death in the family 4. Lack of economic resources 5. Failed out 6. Work 7. Illness or disability 8. Household chores 9. Family does not permit studying 10. No educational establishments 11. Not interested in studying 12. Pregnancy 13. Distance 14. Marriage/ Child Marriage
97. Other 99. Not Applicable
20 and 21.Primary and Secondary livelihood 1. Agriculture 2. Livestock 3. Agricultural Labour 4. Construction worker 5. Working in stone crushers 6. Business/shop 7. Electrician 8. Mechanic 9. Driver 10. Heavy machinery operator 11. Private job 12. Government job 13. Traditional Medicine 14. Housewife 15. Teacher 16. Artisans 17. Hospitality industry 18. No Occupation
22. Skill Set 1. Agro / Horticulture 2. Cattle Rearing 3. Carpenter 4. Driver 5. Plumber 6. Electrician 7. Health Worker/ Medical practitioner 8. Welder 9. Mason (raj mistri) 10. Mechanic 11. Cook 12. Tailor 13. Baker 14. Artisan 15. Hospitality Industry 96. None
97. Other
PART B: EXPENDITURE AND INCOME
SECTION B.1– HH EXPENDITURE (In Rupee) (Preferably to be undertaken in presence of both men and women of the household)
25.
Expenditure items
i. Frequency of Expenditure (write the frequency in numbers)
i. Expenditure in Rupee (Unit cost)
i. Total expense (System Generated)
a. Fire wood/ Cooking Fuel (including LPG)
b. Education fees
c. Diesel/ petrol/ Transport (including rental payment for tractors)
d. Telephone/mobile phone/internet recharge
e. Entertainment (movies, music, sightseeing, etc.)
f. Healthcare/ Medical Expenditure
g. Agriculture Input Investment (Seeds, Fertiliser, etc.)
h. Fodder
i. Annual maintenance of residence
j. Loan repayment
k. Cultural/religious expenses (festivals/marriages)
l. Ration/Food
m. Clothing
n. Household appliances
o. Electricity
p. Habits (Tobacco, Betel leaves, Liquor, etc.)
q. Rent paid for Agricultural Land Used (share cropper or encroacher and squatter)
r. Samuha/Samiti/ SHG Payment
s. One time expenditure (unforeseen, etc)
t. Other (specify)
u. Total (System Generated)
SECTION B.2 SOURCES OF HOUSEHOLD INCOME (IN Rupee) (Preferably to be undertaken in presence of both men and women of the household)
26. Source: Income i.Frequency of Unit(in numbers)
ii.Amount for one unit (in Rs)
iii.Total Income, System Generated
a. Agricultural/Horticultural income
b. Sale of natural resources products
(fruit/leaf etc.)
c. Livestock and livestock product
d. Wage labour (local and migrant work)
including agricultural labour
SECTION B.2 SOURCES OF HOUSEHOLD INCOME (IN Rupee) (Preferably to be undertaken in presence of both men and women of the household)
e. Govt./ Private Employment
f. Business/ Small Scale Enterprises
g. Returns on Savings/ investments
h. Remittances
i. Artisanal skills/ Trade
i. Pension (Widow/ Soldier/service etc.)
ii. Rent from Property/ Asset
iii. Government assistance
iv. Any other (Specify):
…………………………………
Total – Annual Income (system
generated)
SECTION B.3 BANK ACCOUNT AND SAVING DETAILS
27. Does anyone in the household have a bank
account?
a. At least one operational account b. No operational accounts c. None
28. Does your household have savings? a. Yes b.. No
29. Does your household have outstanding loan/s?
a. Yes b. No
30. Have you/anyone in your household obtained a loan waiver in the last five years
a. Yes b.. No
31. If yes in 29, then (can tick multiple) a. Bank debt b. Micro-credit/savings group Debt c. Cooperative debt d. Family/Friends e. Informal money lenders
32. If yes in 29, please explain the reason? (tick
multiple, as applicable)
a. Home construction/maintenance b. Health and treatment c. Marriage/Rituals/Cultural/Festival/funeral d. Household needs e. Purchase of vehicle f. Purchase of land g. Investment in Agriculture h. Expenditure on livestock i. Education j. Taken loan to pay off another loan k. Other
PART C: LIVELIHOOD DETAILS
SECTION C.1: PRESENT LAND HOLDING
33. Present total land holding in
the household ( in bigha)
a. Total Area Owned (private and patta): ___________________
b. Total land owned and used (by self): ______________________
c. Total Area Used (sharecropping/rent/lease)___________________
SECTION C.1: PRESENT LAND HOLDING
d. Total government land used for agriculture ___________---
If land holding in question 33, then fill:
S.N 34.Village
35.Khasra no.
36. Area
37.Unit 38. Type of ownership (codes)
39. Use (codes)
40. Time from homestead to parcel (on foot)
38. Type of ownership 1. Private land owner 2. Formal Patta land holder 3. Informal Patta land holder 4. Informal use of government land 5. Sharecroppers/renter/ leaser
39. Use 1. Agriculture/horticulture 2. Agricultural land used for grazing 3. Residential use 4. Others
SECTION C.2: INCOME FROM AGRICULTURE (last year)
S.No 41.
Type of crop
(includes fruit,
fodder)
42.
Area
(Bigha)
43.
Month
from
44.
Month
to
45.
Productivity
(quintal/
bigha)
46.Self
Consumption
(Quintal)
47.
Sold
(quintal)
48.
Income
from
selling i.
ii.
ii.
v.
v.
vi.
ii.
41. Type of crops 1. Soyabean
8. Ladyfinger 9. Orange
2. Wheat 3. Mustard 4. Maize 5. Onion 6. Potato 7. Garlic
10. Mango 11. Guava 12. Vegetables 13. Groundnut 14. Channa 15. Dal 16. Other
SECTION C.3 FOOD CONSUMPTION
Category 49. Is the crop produced
sufficient for household
consumption in a year?
Yes/No/NA
50. Procured under
government assistance
(Yes/No/NA)
51. If not, for how many
months of the year do
you have to purchase?
a. Grains b. Pulses c. Vegetables & Fruits
SECTION C.3 LIVESTOCK
52. Does the household own any livestock?
If yes
a. Yes b. No
If yes in question 52 then fill:
S.No 53.
Type
54. No.s 55.Self-
use
(Y/N)
56.Incom
e source
(Y/N)
57.
Both
(Y/N
)
58. If 56 and 47 are Yes, then product (code)
59.Total income from sale of
livestock/livestock products (in last
year)
a. Cow
b. Buffalo
c. Goats/
Sheep
d. Poultry
e. Horse
f. Other
(specif
y)
S.No Type 60.Open grazing
on government
land (Y/N)
61. Agricultural land for grazing (Y/N)
62.Crop
Residue(Y/N)
63.Market
purchased
fodder (Y/N)
64.Grazing on private
parcels (Y/N)
a. Cow
b. Buffalo
c. Goats/Sheep
d. Poultry
e. Horse
f. Other
(specify)
58. Product code
1. Milk 2. Meat 3. Eggs 4. Dung cake 5. Others
60-64 Source of feeding 1. Open grazing on government land 2. Agricultural land for grazing 3. Crop residue 4. Market purchased fodder
SECTION C.4: NATURAL RESOURCE DEPENDENCE ON GOVT. LAND (Preferably to be undertaken in
presence of both men and women of the household)
65. Type of
resource
66. Source 67.Use
(codes)
68. Income from selling
a.
b.
c.
d.
e.
65. Type of
Resource 1. Fruit 2. Leaf 3. Bark 4. Root 5. Water 6. Fodder/
Grass 7. Firewood 8. Timber 9. Soil/Stones 10. Other
66. Source 1. Common land 2. Designated grazing land 3. Pond/lake /river 4. Forest
67. Use of Resource 1. Self-consumption 2. Sale 3. Construction/maintenance 4. Artisanal items 5. Medicinal purpose 6. Other
SECTION C.5: Migration
69. Have any of the household
members migrated in the last
year?
a. Yes b. No
If yes, question 69, then fill:
70. Number of members of the
household who migrate by
age group and gender
a. Men count
Dominant
Age group
b. Women count
c. Dominant Age group
71. Months of migration in a year (use last year details for reference)
72. Migration destination (codes)
73. Reason for Out migration (codes)
74. Occupation carried out at
destination (use code from
Demographic table)
75 Did any migrant members
return on due to lockdown
imposed by COVID 19
pandemic?
a. Yes b. No
76. If yes in question 75, then fill: 77. When? (give
month)
78. What is their
current occupation?
(use codes)
79. Do they plan to
return (emigrate)?
72. Migration destination
1. Within district 2. Outside district 3. Outside state 4. Outside country
73. Reason for out migration 1. Labour work 2. Private/Govt. service 3. Business opportunity 4. Sold land in the village 5. Higher education 6. Other
PART D: LIVING CONDITION
SECTION D.1 – STANDARD OF LIVING
77. Type of
housing
a. Kutcha b. Semi Pucca, c. Pucca
78. Type of
ownership
a. Owned b. Rented c. Squatted
79. No.of Floors 80. No.o
f
Roo
ms
81. Separate
Kitchen (Y/N)
82 Kitchen appliances ( if either of mixer-grinder, ovens, toaster, grill, etc is present)
a. Yes b. No
83 Household
appliances (if
either of
a. Yes b. No
SECTION D.1 – STANDARD OF LIVING
fridge,
television, ,
water heater,
washing
machine is
present) –Y/N 84 Agricultural
equipment (if either of tractor, cultivator, plows, harrow, axe, sickle, sprayers, sprinklers is present) –Y/N
a. Yes b. No
85 Means of
transport (if
either of
cycle,
motored two
wheeler, four
wheeler,
animal pulled
cart, farm
truck, etc is
present) –Y/N
Yes b. No
86 Communicatio
n devices
(mobile
phone,
internet, radio
is present) –
Y/N
Yes b. No
87 Toilet facility
within the
household
(Y/N)
a. Yes b. No
88 If yes, in
question 83,
then is the
toilet working
?
a. Yes b. No
89 Type of toilet
facility (select
one
a. Dry Latrine b. Latrine with Septic Tank c. Pit Latrine d. Open Defecation
90 Access to
Electricity
(Y/N)
a. Yes b. No
SECTION D.1 – STANDARD OF LIVING
91 Source of
Electricity
(select one)
a. Govt Supply
b. Solar Panels
c. Generator
d. Other
Season a. Supply b. Availability c. Distance d. Quality
92 From where
do you get
your drinking
water?
i. summer
ii. other
93. Source of
water for
other
household
consumption
i. summer
ii. other
Fill questions 92 and 93
a. Supply: 1. River, natural drainage
2. Hand pump
3. Shallow Tube well
4. Deep tube well
5.Piped water supply (individual taps at every household
7. Pond/Water shed
8. Open well
9. Other
Availability: 1. Seasonal 2. Perennial
Distance: 1. HH level 2. <10 mtr 2. <50 mtr 3. <100 mtr 4. <1 Km
Duality: 1. Good 2. Bad (smelly, turbid, hard) 3. No complaint
94. Months in
which you
face drinking
water
scarcity? (dry
months)
a. No. of Months_______ b. From_______________to__________________
95. Cooking Fuel
and Source
a. LPG b. Kerosene c. Firewood d. Cowdung e. biogas f. Other (specify)
96. If firewood,
quantity per
month (in kgs)
a. Collected:_________
b. Bought:_______________
Market
Facility
Location a. Distance (in kms)
Location b. Distance (in kms)
97. For Daily
needs
Within village Nearby
village/tehsil
98. For Buying
agricultural
inputs and
selling agri
produce
Directly at the
farm
Agricultural
Mandi
SECTION D.1 – STANDARD OF LIVING
99 For buying
and selling
owned
animals
Within village Nearby
village/tehsil/Ha
at
100
.
For buying
and selling
livestock
products
(milk, eggs,
etc)
Within village Nearby village
SECTION D.3– ACCESS TO HEALTH SERVICE
101. What is the preferred
health facility amongst
the HH – private and
public
a. Common Illness
b. Major Illness (may require specialists)
c. Child Birth
i.Private ii.Govt iii.Traditional
i.Private ii.Govt
i.Private ii.Govt iii.Traditional
PART E: LAND HOLDING AND PROJECT IMPACTS
SECTION E.1– PROJECT INFORMATION
102 What are the sources of
news regarding the village?
State in order of
significance
a. Gram Panchayat b. Local Community c. Social Media (whatsapp, facebook etc.) d. Internet/ news website e. Government f. Newspaper g. TV h. Radio i. other
103. Do you have any information
regarding the proposed
Project?
a. Yes, I have complete information
b. None at all
c. Yes, partial information
d. No response
104. If Yes in 103, from where did
you hear about the Project?
a. Project Proponent b. Patwari/Chowkidar c. Technical/Land Surveyors d. Social media
(WhatsApp/Facebook, other) e. Internet/ news website
f. Government Department
g. Newspapers h. Announced at gram
sabha/notice posted at GP office
i. Community Elders/ Traditional leaders
j. TV
105. If No in 103, how would you
like to be communicated
about the project in future?
a. Project Proponent b. Patwari/Chowkidar c. Technical/Land Surveyors d. Social media
(WhatsApp/Facebook, other) e. Internet/ news website
f. Government Department g. Newspapers h. Announced at gram
sabha/notice posted at GP office
i. Community Elders/ Traditional leaders
j. TV
SECTION E.2. CHOICE OF RESTORATION OPTIONS (applicable for only private/patta land owners
impacted by the project)
106 In your opinion, should the project provide
household livelihood support (Y/N)
a. Yes b. No
107. Theme Rank (1-7)
SECTION E.2. CHOICE OF RESTORATION OPTIONS (applicable for only private/patta land owners
impacted by the project)
If Yes in 106, rank the following themes in
order of preference
a. Agriculture and livestock training
b. Horticulture development c. Job in the project d. Vocational training e. Microcredit programs f. Business and
entrepreneurial training
g. Micro-irrigation support
TOOL: Settlement Profile
1. Introduction (pre-filled based on available information), (Please select the codes mentioned below)
1.1 Revenue Village 1.2 Tehsil Code*
1.3 District Code* 1.4 Date of Survey Day…….Month……..Year……..….
1.5 Unit number 1.6 Area of village required for the Unit (in ha)
Codes for Q 1.2: 11: Susner, 12: Agar, 21: Shajapur, 22: Moman Badodiya
For Q 1.3: Agar: 10, Shajapur: 20
2. Demography, (Please select the codes mentioned below)
2.1 Number of Households
2.2 Total Population
2.3 a. Social Group b. Number of HHs c. Category (Gen/OBC/SC/ST)
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
2.3.8
2.3.9
2.4 Approximate Number of Women Headed
Households in the settlement
2.5 Number of BPL households (based on BPL
Ration Card)
2.6 Number of landless households
2.7 Number of patta land holders in the village
2.8 Number of patta land parcels in the village
2.9 Is there a trend of informal selling patta land
2.10 Number of disabled population in the village
2.11 Total SC/ST/OBC households in the village
(system generated)
Codes for Q 2.3.1: Gurjar: 1, Brahmin: 2, Rajputs: 3, Chamar: 4, Goswami: 5, Meghwal: 6, Malviya: 7,
Khandelwal: 8, Harijans: 9, Nat: 10, Balai: 11, Bhil: 12, Bhilala: 13, Sondiya: 14, Bagri:
15, Vishwakarma: 16, Rao: 17, Karigar: 18, Nai: 19, Muslim: 20, Lohar: 21, Kumbhakar/
Kumhar: 22, Nai: 23, Banjara: 24, Kumravat: 25, Khati: 26, Patel: 27, Verma: 28, Sonar:
29, Prajapati: 30, Dhobi: 31,Pattidat: 32, Rathore: 33, Soni: 34, Suryavanshi: 35,
Bhangi: 36, Sutaar: 37, Others: 99
3. Migration
3.1.Type of migration a. In-migration (count of HHs) b. Out-migration (count of HHs)
3.1.1 Permanent 3.1.2 Seasonal
3.4 In-migration due to lockdown situation
(Count of HHs)
4 Land Tenure Details
SI Land Tenure a. Number of Households b. Dominant Social Category/Group
4.1 Formal ownership of pvt/patta land
4.2 Informal patta ownership
4.3 Sharecropping
4.4 Formal Lease
4.5 Informal lease
4.6 Absentee ownership
4.7 Encroachment on govt. land for agriculture
4.8 Encroachment on govt. land for residence
4.9 Encroachment on govt. land for cattle shed
4.10 Encroachment on govt. land (others)
5 Average Land holdings
SI Land Holding (private land) a. Number of Households
b. Dominant Social Category/Group
5.1 Upto 5 bighas
5.2 5 – 10 bigha
5.3 10 – 20 bigha
5.4 20 – 50 bigha
5.5 50 bigha and above
6 Major Livelihood Sources (targeted towards members of the village
Livelihood No. of persons
6.1 Agriculture
6.2 Livestock (grazers/herders/etc.)
6.3 Craft and Trade/Artisanal workers
6.4 Machinery/Factory workers
6.5 Agricultural labourers
6.6 Household Industry workers
6.7 Transport workers
6.8 Construction workers
6.9 Businesses
6.10 Government/Private service
7. Infrastructure Access
7.1. Please provide the following information
S. No Infrastructure a. Availability in the village - Yes/ No
b. If No, then where
7.1.1 Electricity connection through grid
7.1.2 Drinking/domestic Water
7.1.3 Water for household consumption
7.1.4 Availability of water for irrigation
7.1.5 Water for livestock
7.1.6 Motorable Access Road
7.1.7 Bank
7.1.8 Primary School (till 5th )
7.1.9 High School (till 10th)
7.1.10 PHC
7.1.11 Private doctor clinic
7.1.12 Private hospital
7.1.13 Government doctor clinic
7.1.14 Nearest Bus Stop
7.1.15 Market Access
7.2 Please provide the following information on collectives in your settlement:
S. No Type of Collective/Groups a. Existence in the Settlement
b. Number of Members
7.2.1 SHG/Swayam Sahayta Samuha
7.2.2 Mahila Mandal
7.2.3 Gram Van Samiti
7.2.4 Farmer’s cooperative/Krishi Upaj
Samiti
7.2.5 Watershed committee
7.2.6 NGOs
7.2.7 Dairy cooperative
7.2.8 Poultry cooperative
7.2.9 Artisans committee
7.2.10 Fodder committee
7.2.11 Others
7.3 Dependence on government land for Common Property Resources
7.3.1 Dependence on Resources for cooking fuel
S. No Resource type a. From which month to which month is the resource accessed
b. How many households are dependent only on this resource
c. How far do you have to travel to access the resource
d. Is there a specific place/location of access
7.3.1.1 Firewood
7.3.1.2 Charcoal
7.3.1.3 Dung cake
7.3.1.4 Crop residue
7.3.2 Dependence on Resources for Grazing/ fodder
S. No Resource type a. From which month to which month is the resource accessed
b. How many households are dependent only on this resource
c. How far do you have to travel to access the resource
d. Is there a specific place/location of access
7.3.2.1 Charnohi/ Chargah
7.3.2.2 Cultivated fodder
parcels
7.3.2.3 Self-grown crop
residue
7.3.2.4 Purchased fodder
7.3.3 Dependence on Natural surface water bodies
S. No. Resource type
a. From which month to which month is the resource accessed
b. How many households are dependent only on this resource
c. What is the typical use of the resource
d. How far do you have to travel to access the resource
e. Is there a specific place/location of access
7.3.3.1 Seasonal
ponds
7.3.3.2 Check
dam/
Reservoirs
7.3.4 Usage of Cultural sites
S. NO Resource
type (Yes/No)
a. Which social group uses the cultural site
b. Is the site built through individual private funding/community trust or govt. funds
c. How far do you have to travel to access the resource
d. Have you used the site in the last one year
e. Do you have information whether the site is falling in the project boundary
7.3.4.1 Shrines/
Sacred trees
7.3.4.2 Temples/
Mosque
7.3.4.3 Mazaar
7.3.4.4. Cremation
grounds/
Graveyard
7.3.4.5 Memorial/
Chhatri
7.4 Government/ Private Schemes Implemented in the village
S. NO a. Name of the Govt. Scheme/ Private schemes
b. Theme/focus of the Scheme
c. Organization
d. Implementing Body
e. Year of Implementation
f. Household beneficiary (numbers)
g. Currently under implementation
7.4.1
7.4.2
7.4.3
7.4.5
7.4.6
7.4.7
7.4.8
8. Industries/Factories/Development Projects in the village
Yes
No
Not Known
8.1 If yes add details (type of project, land area, number of workers) :
8.2 Knowledge About the project
8.2.1 What are the sources of news
regarding the village? State in
order of significance
1. A 2. B 3. C 4. D
8.2.2 Do you have any information
regarding the proposed
Project?
1.Yes, I have complete
information
3. None at all
2. Yes, partial information
4. No response
8.2.3 a. If Yes, from where did you hear about the Project?
1. Project Proponent 2. Patwari/Chowkidar 3. Technical/Land Surveyors
4. Social media
(WhatsApp/Facebook, other)
5. Internet/ news website
6. Government Department 7. Newspapers 8. Announced at gram
sabha/notice posted at GP office
9. Community Elders/ Traditional leaders
10. TV
8.2.4 b. If No, how would you like to be communicated about the project in future?
11. Project Proponent 12. Patwari/Chowkidar 13. Technical/Land Surveyors
14. Social media
(WhatsApp/Facebook, other)
15. Internet/ news website 16.
17. Government Department 18. Newspapers 19. Announced at gram
sabha/notice posted at GP office
20. Community Elders/ Traditional leaders
21. TV
9. Details on Community Development Support
9.1: In your opinion, should the project provide
community development support (Y/N)
(context to be provided)
9.2: If Yes, state preference for the following
initiatives
Initiatives Preference
(High/Medium/Low/Not
interested
9.3: Write a few lines explaining each so the
understanding is standardised across all sites
and enumerators
a. Financial literacy/investment training
b. Watershed development (efficient use of water resource)
c. Fodder and feed development (quality of fodder, efficient grazing)
d. Productivity enhancement of cattle
e. Formation of new support groups, and support to existing cooperatives/SHGs
f. Market linkage for purchase and sale of produce
g. Scholarship schemes h. Facilitation of access to
schools
i. Mobile health vans for medical check-up of villagers
j. Veterinary support for health of livestock
k. Disability support (provision of aids/equipments)
l. Digital Literacy at schools (Digi-shala)
m. Others
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APPENDIX C BRIEF OVERVIEW OF LAND ADMINISTRATIVE STRUCTURE IN MADHYA PRADESH
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Land administration refers to the process of determining, recording and disseminating information about ownership, value and use of land and facilitating land management. This section provides a summary of the various land tenure regimes in Madhya Pradesh and the administrative system
Various Land Type in Madhya Pradesh and Project Area
Some of the key land use categories in Madhya Pradesh and the Project Area are as follows:
Bardi Land: this include the uncultivable waste land which has large number of stones, and cannot be used for agriculture, horticulture, and animal husbandry. This form of land is found on the hills.
Charagah Land: Pasture land
Charnoi Land: Common grazing land for cattle
Charokar Land: Grazing land
Gair Mumkin: this include the uncultivable waste land which has existing structures, and cannot be used for agriculture, horticulture, and animal husbandry;
Gauchar land: Grazing land for Cows
Pahad: hilly land
Kadim: this include the waste land, which has not been cultivated for more than 3 years
Patta Land:Patta land therefore is land on lease and/or as provided to landless households for agriculture.
Kaabil Kast: Kabisl Kast land is the land classified as ready to be cultivated and is the priority land allocated for patta land to landless persons for agriculture. . If Kaabil Kast land is not available, then patta land is alloted from Charnoi or Charagah land
Abadi: this include an area reserved from time to time in a village for residence of the inhabitants thereof or for the purpose ancillary thereto;
Muram Pathar: land used for collection of gravel and small stones
Kamdal: this include the type of waste land which cannot be used for cultivation;
Nistar Land: In the Nistar Patrak, land is to be kept aside for pasture, grass bir or fodder reserve, burial or cremation and is treated as Common Property Resource (CPR) of the Gram Panchayat. The Nistar Land can be converted to the extent permissible only and for the use of abadi or for agricultural purpose.
Land Administrative System of Madhya Pradesh
There are three main functions of the land administrative system of the state. These are:
Land Management;
Land Survey; and
Land Transfer Registration.
Organisational Set-up of Revenue Department
The Revenue Department in the state heads the land administrative. The Principal Revenue Commissioner (PRC) is the Head of the Revenue Department. In each district, the Collector administers the activities of the department. The following figure provides an understanding of the organizational set up of the department
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Figure C.12-1 Organisational Set-up of Revenue Department
Source: Revenue Department website and consultation with local Patwaris
As can be seen from the figure above, there are two level of two level of governance, state and district level, which manage each of these administrative system functions.
The following table provides an understanding of the roles and responsibilities for the land procurement for the project. The overall land procurement process is being led by RUMSL. In this process, RUMSL is supported by administrative agencies such as the revenue department, third party entities for providing design and environmental and social support.
Table C.12.2 Roles and Responsibility for Land Allotment/Procurement for the Project
Entity Roles and Responsibilities
RUMSL
RUMSL is overall responsible for coordination across the various other stakeholders involved in the land procurement process. RUMSL is also responsible for coordination with the various stakeholders and resolving issues that come up during the land procurement process, in terms of need for additional land to be identified or the manner in which the E&S sensitivities need to be incorporated into the project land requirement.
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Entity Roles and Responsibilities
After completion of the process, the formal possession of the land will be given to New and Renewable Energy Department Government of Madhya Pradesh (MPNRED).
Revenue and Land Reforms Department, Madhya Pradesh
During the process of land allotment, this department is responsible for processing the land allotment request, in terms of verifying the land parcels requested, identifying any existing land usage or encumbrances and preparing the report for the Tehsildaar and District Collector’s considerations. As required or when requested, the members of this department also are responsible for undertaking the Tarmeem process; The District Collector (DC) is the key officer contacted by RUMSL for any land related matters. Application for land allotment is submitted to the DC who then forwards it to the district administration and Land Revenue Department officials for further processing. The DC is the authority for final communication on the decisions made on the land. He has the authority to approve or reject allotment requests for any land parcels required for development projects. The DC will also decide/approve (after consultations) how the issue of patta land is to be addressed, in this project (whether there could be a land swap of pattas allotted but where possession has not been taken by the allottee, or other arrangements) The Tehsildar (Supported by Patwari), is responsible for supporting the District Collector in the process of land allotment and functions at the tehsil level. This includes coordinating the process of land verification at the Tehsil level, hearing grievances on the proposed land allotment and making recommendations to the District Collector on the suitability of the allotment. The Tehsildar is also overall responsible for the coordination of the Tarmeem process and handing over the results of the same to the Project, which will be discussed in subsequent sections. The Superintendent of the Land Records (SLR), reports to the District Collector. The SLR maintains a database of all land ownership records in the district (such as khasra numbers, usage of land parcels, ownership, potential encumbrances such as encroachments or disputes, patta allocation etc.) and is the key officer involved with the process of verification and physical demarcation of land for allotment to the Project.
Technical and Environmental and Social Consultants
Technical and Environmenmtal and Social Consultants were to support RUMSL. The
scope of the Technical Consultant was to provide technical guidance and expertise in
project boundary finalization, taking into account aspects such as site suitability and
adequacy, hydrology, geology, contouring, solar irradiation etc.
As part of this process, on RUMSL’s advice, the consultant has also attempted to minimize
the E&S risks associated with the project through avoidance measures, such as:
1. Minimizing impact on private land and patta land
2. Avoiding clusters of structures or habitations- both formal government recognized
abadi area) and encroachments/ squatters (residential)
3. Avoiding water bodies to the extent possible
4. Avoiding large tree clusters Based on these considerations, the optimized project boundary and layout was created. This optimized project boundary served as the basis for the RAP&LRP. The Environmental and Social Consultant, was engaged to undertake an Environmental and Social Impact Assessment (ESIA), Resettlement Action Plan (RAP) (and Livelihood Restoration Plan (LRP)) and FPIC process for the project. Prior to this, a Scoping for the proposed project was also undertaken on Environmental and Social aspects, based on which the project optimization process was initiated. One of Consultant’s tasks includes advising RUMSL on the project boundary optimization process. For this purpose, the drone imagery collected was analysed to identify the following environmental and social sensitivities:
Individual structures or clusters of structures, especially residential
Any visible improvements on land, such as construction of boundary wall or bore well
Water bodies
Areas potentially under agricultural land use – this data, along with the land
ownership data and Tarmeem data allows for identification of potential encroachment
and squatting (for agriculture)
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Entity Roles and Responsibilities
Large tree clusters
This information was then used in the project boundary optimization process.
World Bank and International Finance Corporation
The World Bank is the lender for the project while IFC is the transaction advisor for RUMSL. Both are responsible for enabling and supporting RUMSL in implementing this project in a manner that is consistent with the applicable reference framework (WB OP and IFC PS), in addition to the applicable legal frameworks. Their role includes activities like discussions on land finalization and avoidance measures.
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APPENDIX D REVIEW OF KEY REGULATIONS
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Madhya Pradesh Land Revenue Code, 1959, (as amended through the MPLRC Amendment Act, 2018) The Code consolidates the land revenue laws, defines the powers of revenue officers, rights of holders of land from the state government, agricultural tenures and other matters relating to land and associated liabilities. Section 2, clause (a): “abadi” means the area reserved from time to time in a village for residence of the inhabitants thereof or for the purposes ancillary thereto. “Service land” means such land in non-urban area, which is given to kotwar for the purpose of agriculture during his tenure. Section 2, clause (x): “Unoccupied land” means the land other than abadi and service land, or the land held by Bhumiswami or a government lessee. Section 58-A: Exemption from payment of land revenue - no land revenue shall be payable in respect of any holding which is less than two hectares and used exclusively for agriculture; such other non-agricultural land specified by the government by notification. Section 68: Agricultural land diversion Section 69: Separate demarcation of land diverted or specially assigned, - Notwithstanding the provisions of 68 when any portion of the agricultural land is diverted under the provisions of Section 172 to any non-agricultural purpose, or when any portion of land is specially assigned under Section 237, or when any assessment is altered on any portion of land under sub-section (2) of Section 59, the Settlement Officer may make such portion into a separate survey number or sub-division of a survey number (it is understood that the separate demarcation of land under Section 69 is colloquially referred to as the tarmeem process). Section 107: Maps of villages, abadi and blocks and sectors - for each village,
(a) A map shall be prepared showing the boundaries of survey numbers and block numbers; (b) A map shall be prepared for abadi showing the area occupied by holders and the area not
occupied, giving separate plot numbers for each; (c) A map shall be prepared for diverted lands showing area occupied by holders giving separate
plot numbers for each.
Section 114: Following land records shall be prepared for each village, namely; (a) Village map, showing abadi map and block map under section 107; (b) Record of rights under section 108; (c) Village khasra or village field book; (d) Details of all unoccupied land under section 233; (e) Nistar patrak under section 234
Section 131: Rights of way and other private easements – in case of dispute arising regarding access to agricultural fields by a cultivator or to unoccupied lands or pasture lands of the village, other than through recognized roads, paths or common land, the concerned Tahsildar may, after enquiry, decide the matter with reference to the previous custom in place. An overview of Bhoomiswami Rights and the embedded reference to pattedar is provided in the subsequent sections after discussion on the Code. Section 234: Preparation of Nistar Patrak – The sub-divisional officer shall, in accordance with the provisions of this Code, prepare a Nistar Patrak for every village embodying a scheme of management of all unoccupied land in the village and all matters incidental thereto and more particularly matters specified in section 235. Section 235: Matters to be provided in Nistar Patrak are as follows –
(a) Terms and conditions on which grazing of cattle in the village will be permitted; (b) Terms and conditions on which and extent to which any resident may obtain wood, timber,
fuel or any other forest produce, mooram, kankar, sand, earth, clay or any other minor minerals;
(c) Instructions regarding the grazing of cattle
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Section 236: In preparing the Nistar Patrak, the Collector shall make provision for- (a) Free grazing of cattle used for agriculture; (b) Removal of forest produce and minor minerals by the villagers free of charge for their
domestic consumption; (c) Concessions to be granted to the village craftsmen for the removal of the articles specified in
(b) for the purpose of their craft.
Section 237: Collector to set apart unoccupied land for exercise of Nistar rights. (1) The collector may set apart unoccupied land for the following purposes, namely – (a) For timber or fuel reserve; (b) For pasture, grass bir or fodder reserve; (c) For burial or cremation ground; (d) For gaothan; (e) For public purposes such as schools, play grounds, etc.
Lands set apart for any of the above purpose(s) shall not be diverted without the sanction of the DC. The Collector may divert unoccupied land, for exercise of Nistar rights for – pasture, grass, bir or fodder reserve (clause b) subject to a minimum of two (2) percent of the total agricultural land of that village. After securing such minimum land for clause (b), the Collector may divert unoccupied land for abadi, or for construction of roads, state and/or national highways, canals, tanks, hospitals, schools, and any other public purpose projects as determined by the state government.
Provided that the land set apart for the purposes mentioned in sub-section (1) of Section 237 shall not be diverted and allotted to any person for agricultural purpose.
When it becomes indispensable to divert the land set apart for the purposes mentioned in sub-section (1) for such development and infrastructural projects which are owned or approved by the State Government but not covered under sub-section (1) for such development and infrastructural projects which are owned or approved by the State Government but not covered under sub-section (3), the Collector, after satisfying himself on the alternatives available and also on obtaining land of equivalent area for fulfilling the same nistar rights from the concerned project, may divert the land for such purposes by passing a reasoned order to this effect.
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Bhoomiswami Rights and Patta Land
Bhoomiswami, is defined as tenure-holders of land that belongs to the state and a person holding bhoomiswami rights are the rights as provided in the M.P Land Revenue Code (1959) for the land leased to that person by the state, and held by him, for agricultural purposes.
Section 158: Definition of a Bhumiswami – (a) Every person in respect of land held by him in the Mahakoshal region in the bhumiswami or
bhumihari rights in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1954;
(b) Every person in respect of land held by him in the Madhya Bharat region as a Pakka tenant (Muafidar), Inamdar as defined in the Madhya Bharat Land Revenue and Tenancy Act (2007);
(c) Every person in respect of land held by him in the Bhopal region as an occupant defined in the Bhopal State Land Revenue Act (1932);
(d) Every person in respect of land held by him in the Vindhya region as a pattedar tenant, a grove holder or holder of a tank as defined in the Vindhya Pradesh Land Revenue and Tenancy Act (1953);
(e) Every person in respect of land held by him in the Vindhya region as a Gair Haqdar tenant and in respect of which he is entitled to patta in accordance with the provisions of section 57 of the Rewa State Land Revenue and Tenancy Code, 1935;
(f) Every person in respect of land held by him as a tenant in the Vindhya region and in respect of which he is entitled to a patta in accordance with the provisions of section 151 (sub-sections 2 and 3) of the Vindhya Pradesh Land Revenue and Tenancy Act (1953)
The above provisions were in existence prior to the LRC of 1959, and hence every person, who has been using land on lease, either passed on from previous generations (that was granted by princely state rulers), or leased out to him through the above revenue codes will be defined as bhoomiswamis.
Special circumstances of conferring Bhoomiswami rights
M.P. Vas-Sthan Dakhalkar (Bhumiswami Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1980
The MP Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam (Patta), 1984
These two Acts confer bhoomiswami rights to landless persons in non-urban areas of M.P. The 1980 Act is provides land lease for dwelling (it defines landless person as one without any land holding for dwelling), for the dwelling that has been occupied by such landless person for a period of more than one year.
The 1984 Act confers lease hold rights on agricultural labourers (it defines agricultural labourer as one who does not hold any land and whose principal means of livelihood is manual labour on land and any member of his family of which he is member does not hold any land). The land allotted will be from unoccupied land in the village and shall not exceed two hectares. The land reserved under Nistar Patrak shall not be utilized for the enactment of this Act.
Provisions of Bhoomiswami (Patta) Right Holders in LRC 1959
Section 159: Every bhoomiswami holder as defined shall pay land revenue as land rent, in respect of the land held by him. Section 165: Rights of Transfer – subject to other provisions and provisions of section 168, a Bhumiswami may transfer any interest on the land held by him, either for a part or for the whole land parcel. Section 168: Leases –
(a) A bhumiswami may lease the land in his holding used for agriculture, for any period not exceeding five years at a time;
(b) The lessee shall hold the land on such terms and conditions as agreed upon between him and the Bhumiswami.
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(c) If a lessee does not hand over the land upon the expiry of the lease period, the Bhumiswami shall be deemed to have been improperly disposed from his land and will be entitled to relief under section 250.
Lease means – (a) a transfer of rights to enjoy any land, made for a certain time, in return of a price paid, or
promise of money or of any other thing of value to be given periodically to the tranferer by the transferee;
(b) Any arrangement whereby a person cultivates any land of a Bhumiswami with bullocks belonging to or procured by the lessee on condition of giving a specified share of the produce from the land;
(c) The grant of right merely to cut grass or to graze cattle or to collect lac, pluck or collect tendu leaves shall not be deemed as lease of land
Section 171: A bhumiswami of land held for the purpose of agr iculture is entitled to make any improvement thereon for the better cultivation of the land or its more convenient use.
Section 181-A: Person having free hold rights shall be Bhumiswami – every person who hold land in free hold right prior to the amendment coming into force, shall be the Bhumiswami of such land.
Recent precedence in patta land allocation
In recent years, successive state governments have distributed government land to SC/ST communities. Tracts of “charnoi” land has been distributed to socially marginalized households that includes Dalit households. However, due to a provision in the LRC that allows the bhoomiswami to sell the patta land, after approval from the District Collector, there has been the practice to purchase/grab the land from the intended beneficiaries.39
The Land Distribution Program of 1998
The erstwhile state government had initiated a program of land reform in the state that consisted of distribution of a portion of the government-owned charnoi (common grazing) land to dalits and tribals, restoration of tribal lands, removal of encroachments and ensuring actual possession of land to owners and assisting them to improve their land40.
In 1998 and in 2000 the GoMP issued orders to the district administration for redistribution of land gained by downsizing the area of charnoi in each village from 7.5 per cent to 5 per cent and again to 2 per cent respectively, in order to obtain more land for distribution among dalits and tribals. This downsizing was undertaken from the land allotted under Nistar, i.e. common land for the village. The allocation of two (2) percent of unoccupied land for Nistar has its origins in this redistribution program. Prior to this, the land distribution program was by government order and aligned with the Rules of the Code.. The government selected Charnoi land for redistribution, as this land was most lucrative to encroach upon by land-owners with large tracts of land holding. These lands back then were used for farming. The government order for redistribution was given as: 1 hectare irrigated and 2 hectare unirrigated to each, and no landless person was to be given less than half a hectare (Pai).
39 https://timesofindia.indiatimes.com/madhya-pradesh/MP-House-panel-to-frame-policy-on-SC/ST-land-pattas/articleshow/50214417.cms 40 https://sas-space.sas.ac.uk/5653/1/AHRC_5%2C_Sudha_Pai%2C_Land_Caste_and_Power.pdf
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Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000
Under the provisions of the Indian Stamp Act, 1899 (Section 2), the MP government formulated the Rules (2000) to constitute a committee to decide the principles for market valuation of immovable assets. There will be a board at the state level which will have the following functions:
Final decision on the rates, as received by the District Valuation Committee;
Create benchmark rates for land, structures and other immovable assets;
Regulate the rates of creation of structures, taking into account the differences across regions
Process of arriving at guidelines/standards for market values: In order to arrive at the standards/guidelines for market valuation, the following factors will be taken into consideration for each category, as listed below:
For land
1. Whether irrigated or unirrigated, in use or not in use
2. Classification of the land type in government records
3. Circle rates for the different categories of land use
4. Value of land of similar nature in the vicinity
5. Productivity of the land, distance from the road and market, elevation of the land parcel, modes of transport, irrigation systems/facilities available for the land parcel
6. Types of crops produced (if any) on the land parcel
7. If the land is used for commercial/industrial purpose
For residential structures
1. Valuation of similar residential structures in the vicinity
2. Distance from road, station, bus stop, market
3. Facilities available in the region such as Court, Hospital, Educational institutions
4. Developmental projects, industrial expansion undertaken in the region
5. Commercial use of the residential space and demarcation of the same in the town master plan
6. Any object/item of particular importance on the structure that can influence the valuation of the asset
For non-residential structures
1. Type and structure
2. The area in which it has been constructed
3. Total land area on which the residential structure is constructed
4. Year of construction, and rate of depreciation
5. Types of construction material used
6. Trends in the rate of depreciation
7. In case the structure is used as a rental space, the amount of rental income derived annually
8. The relative position and reputation of the area, where the structure is situated
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The Tehsil Valuation Committee will undertake the following tasks:
Collect the government rates for the required structures based on government land records. The patwaris will collect information on the market rates and the same shall be shared with the Tehsildars. In case there has been no sale executed of land/structure in that area, records of sale of similar land/asset will be used as base. Other information such as construction costs, government sale, and auction sale will be collected from the concerned offices.
To analyse the information collected and propose valuation in the prescribed input format and forward them to the concerned District Valuation Committee along with all the data.
These guidelines on market rates will be updated April every year, based on revisions.
The rates/market prices relating to various plots, land and construction shall be prescribed by the Inspector General of Registration. These rates will be made available to the office of the Registrar and the general public in the manner, as prescribed by these guidelines. Policy for implementation of Solar Power based projects in Madhya Pradesh (2012) The objective of the policy is to –
1. Encourage private sector participation to set up solar power projects in the state. 2. Define the incentives and benefits to be provided to the participants of the Private Sector in
clear terms. 3. Build a favourable atmosphere for setting up Solar Power projects, and 4. Lay down framework for policy implementation
As per the policy, four categories of solar projects have been defined: Category I: Projects selected as per the competitive bidding process for selling power to MP Discoms / MP Power Management Company. Category II: Projects set up for captive use or sale of power to 3rd party within or outside the state or for sale of power to other states through open access. Category III: Projects set up under Renewable Energy Certificate (REC) mode. Category IV: Projects under Jawaharlal Nehru National Solar Mission The policy lays down specific rules for land identification, and land use of government and/or private land to be used for developing solar power projects, as listed below. Land Identification: For Parks to be developed on government land, they should preferably be developed on revenue land that is barren, is non-agricultural in use and non-forest land. The Parks can be developed on private land that is appropriate for the purpose. For the Park, land to be used should be of minimum 100 hectares. The land to be taken up should have minimum 100 hectare of one contiguous tract and further associated land with this tract of land. The associated piece should be of minimum 50 hectares. The associated land should be located within a radius of 10 km and such that no ends are separated by a distance of more than 20 km. In case of government land identified by the developer, the same shall be referred to the District Collector (DC) for verification. The DC shall identify such stretches of non-forest, non-agricultural barren land suitable for establishment of solar parks and notify it to the New and Renewable Energy Department. Land Use Permission: (a) Land Requirement: For setting up solar power plant in the state, the maximum land use
permission for government land (as and where available) to the solar power producer shall be 3 hectares per Megawatt.
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(b) Conditions: For allocation of government revenue land, and for permission of land use, the conditions of the Revenue Department (GoMP) will be applicable. If the revenue land is recorded as forest land with small and minor trees in the revenue records or it is identified as forest land as per Revenue Department (GoMP), then the applicant will have to take permission as per the provisions of the Forest Conservation Act 1980.
(c) In case the developer purchases private land for the project, the developer is eligible for exemption of 50 percent of the stamp duty.
(d) Government Land User permission: In case of land owned by the Revenue Department or any other State Government Department, the New and Renewable Energy Department shall take permission of the land and subsequently give the permission for land use to the concerned Developer.
For allocation of government revenue land and for permission for land use, the conditions as laid down in the Circular No. F-16-3/93/7/2 A dated 06.09.2010 and Circular No. F6-53/2011/ dated 8 August 2011 of the Revenue Department (GoMP) are applicable. Note: These are understood to be appended to the Policy as appendices, but were not accessed online.
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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) Act and Madhya Pradesh Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Rules 2015 – Key Provisions for Compensation and other Entitlements
As per the First Schedule of the 2013 Act (Legislative Department, 2013), the minimum compensation package to be given to those whose land is acquired and to tenants is as given below:
S. No Aspect Manner of determination of value 1. Market value of land Determined as per provisions under section 26 which states
that-
The collector will determine the minimum value of land, or the
average sale price of land of similar type in nearby village, or
consented amount of compensation as agreed as agreed upon
sub-section (2). 2. Factor by which the market value
is to be multiplied for rural areas
One (1) to two (2) based on the distance of the project from
urban area 3. Factor by which the market value
is to be multiplied for urban areas
One (1)
4. Value of assets attached to the
land
Determined as per provisions under section 29 which states
that-
The collector will determine the market value of the building and
other immovable assets using the services of a competent
engineer, use the services of agriculturist, horticulturist, forestry
personnel to determine the value of trees and plants 5. Solatium Equivalent to one hundred percent of the value of land in serial
no. 1, multiplied by one for urban areas, and by a factor of one
or two for rural areas (depending upon proximity) plus the value
of trees and plants and other immovable assets 6. Final award in rural areas Market value of land in serial 1, multiplied by factor of one/two
as determined plus value of trees and plants and other
immovable assets 7. Final award in urban areas Market value of land in serial 1, multiplied by factor of one as
determined plus value of trees and plants and other immovable
assets
Other entitlements for affected families (physical and economic displacement) as per the second schedule of the 2013 Act (Legislative Department, 2013) is as given below and is understood to be applicable in Madhya Pradesh:
S. No Aspect or Entitlement Description 1. Provision of housing units in case
of displacement For rural areas, a house shall be provided under Indira
Awas Yojana specifications.
For urban areas, a constructed house shall be provided with an area of at least 50 sq. mts
The above benefits shall also extend to families without homestead land but has been residing in the area for a minimum period of three years preceding the date of notification
In urban area, if the family opts out of the housing provided, the household will get one- time financial assistance for house construction of at least fifty thousand rupees
In rural area, if the family opts out of the housing provided, the equivalent cost of the house may be offered
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S. No Aspect or Entitlement Description
The houses in urban area, if necessary be provided in multi-
storied building 2. Land for Land In case of irrigation project, in lieu of compensation to be
paid for land acquired, each affected family who has lost land, or has been reduced to marginal farming status, shall be allotted a minimum of one acre of land in the command area of the project, as per the record of rights
For SCs and STs, such families will be provided land equivalent to land acquired or 2 and ½ acres, whichever is lower.
3. Offer for Developed Land For urbanization projects, 20 percent of the developed land will be reserved and offered to project affected families, in proportion to area of their land lost to the project at a price equal to the cost of acquisition and the cost of development.
If the offered land is taken, an equivalent amount will be deducted the compensation package payable.
4. Choice of Annuity or Employment The government shall ensure that the PAFs are provided with the following job options:
Make provision for employment at a rate not lower than the minimum wages provided in the project after providing for suitable training and skill development to at least one member per affected family, or
One- time payment of five lakh rupees per PAF, or
Annuity policies that shall pay not less than two thousand rupees/ month per family for 20 years, indexed to Consumer Price Index (CPI) for Agricultural Labourers.
5. Subsistence grant for displaced
families for one year period Each physically displaced family shall be given monthly
allowance of three thousand rupees for one year period from the date of award
SCs and STs displaced shall receive an amount of fifty thousand rupees, in addition to the monthly allowance
For displacement in Schedule Five area, the PAFs shall be relocated in a similar ecological zone, as far as possible so as to preserve the economic opportunities, language, culture and community life
6. Transportation cost Each physically displaced family shall get one time allowance of
fifty thousand rupees as transportation cost. 7. Cattle shed/Petty shop costs A PAF having cattle or having petty shop shall get one-time
assistance of an amount decided by the government, subject to
a minimum of twenty-five thousand rupees for construction. 8. One-time grant to artisans, small
traders and certain others
A PAF with an artisan member, small trader or self-employed
person or a PAF, which owned non-agricultural
land/commercial/industrial or institutional structure, shall get
one-time assistance of an amount decided by the government,
subject to a minimum of twenty-five thousand rupees for
construction. 9. Fishing rights In case of irrigation or hydel projects, the PAF could be allowed
fishing rights in reservoir, as determined by the government 10. One-time resettlement allowance Each PAF shall be given a one-time “Resettlement Allowance”
of fifty thousand rupees only. The Government of Madhya Pradesh published the Madhya Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015 on 3rd September 2015. These rules specify the process to carry out Social Impact Assessments (SIA) through district
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authorities; bring in references to the MP Land Revenue Code, 1959; and also clarify the multiplication factor to be considered for urban and rural areas In addition, the MP LARR Rules (2015) also specify additional safeguards and implementation guidance on undertaking the social impact assessment (SIA), where triggered. Section 109 of the RTFCLARR Act 2013 provides for the appropriate government to make rules under the Act. Every state government, can thus make amendment to the Central Act, (Section 112), to make rules that will govern compensation and rehabilitation in land acquisition. Madhya Pradesh has introduced rules (dated 03.09.2015) called as the MP Right to Fair Compensation and Transparency in Acquisition, Rehabilitation, and Resettlement Rules 2015. The following are the main provisions included in the Rules- Social Impact Assessment Study: Section 3 of the Rule provides for constituting an SIA team consisting of government officials who are not below the rank of deputy collector but who is not involved in land acquisition for the project. The Collector under Section 4 of the Rules shall issue a notification for the conduct of an SIA. The study, once completed, shall be presented for public hearing (as per the provision of Section 6). The draft SIA report and Social Impact Management Plan (SIMP) shall be circulated in Hindi language and copy will be made available in the Gram Panchayat/Municipal Corporation/Municipality from where the land is to be acquired. In situations where land is to be acquired from Schedule V areas, consultation with Gram Sabha shall be held in accordance with the provisions of the Panchayat Act, 1996 (No. 40 of 1996). The findings from the public hearing (feedback, grievances, information, etc.) shall be incorporated with the SIA report and submitted to the Collector. The final SIA report, SIMP report and recommendations of expert group has to be submitted in Hindi language and made publically available on the website of the district concerned, and copies shall be made available at the offices the Gram Panchayat/Municipal Corporation/Municipality, as the case may be. Process of obtaining Prior Consent: The Central Act contains provisions for prior consent (Section 2, sub-section 2) for land acquisition for – Private companies, the consent of at least 80 percent of the affected families is required, and for Public Private partnership (PPP) projects, the consent of at least 70 percent of the affected families is required. The appropriate government shall describe the process of obtaining prior consent. In accordance, Madhya Pradesh government has created a Form-D (Section 9 of the M.P LARR Rules) that forms a public notice inviting consent/denial to the project. The notice shall be displayed at the notice board of the Gram Panchayat for rural areas and Municipal Corporation for urban areas. The consent or denial is to be submitted in Form-E, within two weeks from the date of publication of the notice in Form-D. In cases where land is to be acquired from Schedule V area (as provided in Fifth Schedule of the Indian Constitution), prior consent is to be obtained from concerned Gram Sabha in Form-F. Survey of Affected Families: Section 11 of the MP LARR Rules (2015) provide for survey of affected families and a census of such affected families be undertaken, according to the provision of Section 16 of the Central Act. The census survey shall include information on- Details on land and other immovable assets being acquired from each Project Affected Family (PAF); Livelihood to be lost of land losers and the count of landless who were dependent on land for agricultural labor work; List of public utilities and government buildings (if any) that are to be impacted; List of amenities and infrastructure facilities (if any) that are to be impacted; Details of any common property resources (CPR) that are to be acquired
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The census survey is to be completed within thirty days from the date of publication of preliminary notification (Section 11 of the Central Act) in official gazette, local newspaper, at the office of the Panchayat, Municipal Corporation or Municipality, as the case may be. Rehabilitation and Resettlement (R&R) Scheme: A draft rehabilitation and resettlement scheme for the PAFs is to be prepared within thirty days of the completion of the survey (Section 16, sub-section 2 of the Central Act, and Section 12 of the MP LARR Rules). The draft scheme shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired. In cases which involve prior consent to acquisition, the scheme is to be prepared by including information on negotiated terms and conditions of acquisition and R&R, agreed upon between the PAFs and the requiring body. The scheme shall be presented for public hearing (Section 16, sub-section 5 of the Central Act and Section 13 of the MP LARR Rules). The public hearing is to be conducted in Gram Sabhas41 where more than 25 percent of the members are directly or indirectly affected by the acquisition. Upon completion of the public hearing, the administrator (land requiring body) shall submit the draft R&R scheme along with comments on claims and objections raised to the Collector.
41 Gram Sabha consists of all members whose names are included in the electoral roll of the village. The Sabha is not a elected body of representatives (as opposed to Gram Panchayat).
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Madhya Pradesh Consent Land Purchase Policy, 2014
The Revenue Department, Government of Madhya Pradesh formulated a policy ‘Consent Land Purchase Policy’ on 12 November 2014 by using the power under the Constitution of State, Subject -18 (Land Transfer) to purchase private land for construction of various projects in public interest. The policy has the provision to calculate the value of land and associated assets on the prevailing market rates and offer twice of this amount as compensation and resettlement assistance. Under this policy –
1. Collector will first acquire available government land; 2. If government land is unavailable/falling short of requirement then collector will purchase
private land based on mutual consent. 3. Collector will guide the valuation of the land and immovable assets on the private land for
payment of compensation; 4. The land owner will get twice the value of land and assets 5. This amount will be paid in lump sum as rehabilitation grant to the seller.
For the letter of land purchase, the following are to be included – Name of the project and objective; Area of the land to be purchased; Allocated budget amount; Khasra no. of the land; Guidelines based on which the land will be valuated, and Details of all assets on the land.
6. The Collector will obtain the record of land for the specified area from the Tehsildar. 7. Collector will ascertain the value of all assets – wells, housing, trees, etc through Public
Works Department (PWD), Horticulture department, and Forest department. 8. Collector will take consent and undertaking from the land parcel owner within a 15 days
period that the land is free of any encumbrances. 9. Upon obtaining consent, the collector will put up public notice within 15 days of consent for
any party to raise issue/concern regarding the acquisition. This notice will also be shared with the Gram Panchayat. Any person/party having an objection with mentioned land parcels to be purchased by the government can submit their complaint to the Collector. The notice will also be published in one local and one national newspaper, a.w.a be made available online on the district administration website.
10. Upon obtaining consent, the collector will within one year, obtain the amount to be paid for compensation and resettlement to the owner from the state government.
Transmission line Right of Way Regulations –
Section 10 and 16 of the Indian Telegraph Act, 1885
Section 10
Power for telegraph authority to place and maintain telegraph lines and posts: The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property, subject to the following conditions –
the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central government
the central government shall not acquire any right other than that for use of the property for placing telegraph lines passing either under, over, along or across the property
the central authority shall not exercise its powers with respect to any property which is under the control or management of any local authority, without permission of that authority
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given the powers under this section, the telegraph authority shall minimize/avoid damage to the property to the extent possible, and shall pay full compensation to all persons interested for any damage sustained by them due to the powers exercised by the telegraph property with respect to the land
Section 16
Section 16 of the Act is applicable, in continuation to Section 10, and is triggered when disputes arise on the land parcel upon which the telegraph authority will exercise its powers. The disputes relate to either compensation or claim of ownership of the land parcel, which is not under the ownership of the state/local government authority. The provisions of this section are as follows:
In situations where the powers of the telegraph authority on the land parcel (as acquired under Section 10) is contested/resisted, the District J (DM) of the concerned district where the land parcel is situated, can issue permissions to the telegraph authority to exercise its powers.
Disputes that might arise regarding the compensation amount (as decided under Section 10), will be settled by the District Judge, upon application regarding the insufficiency of the compensation value made by the concerned parties having ownership on that parcel.
Disputes that might arise regarding the parties claiming ownership on the property upon which the telegraph authority will exercise its powers, will be settled by the District Judge after hearing claims from all parties asserting a claim in the compensation amount. If there are multiple ownerships, the compensation shall be decided in proportions in which the persons are entitled to it. The telegraph authority, on its part, will deposit the entire compensation amount, as decided to the District court.
If any person resists the powers of the telegraph authority even after the permission is granted by the DM, the person shall be convicted under Section 188 of the IPC for criminal offence.
In the case of Telegraph Authority, there is no question of obtaining any consent from the land owner unlike in case of non Telegraph authority governed by the provisions of 67 of the 2003 Act and Section 12 to 18 of Indian Electricity Act, 1910.
Sections 67 and 68 of the Electricity Act, 2003;
Section 67:
Section 67 of the Electricity Act 2003 (along with Section 68 discussed below) deal with the powers of the central/state authority on the use of land for Right of Way (RoW), erection of transmission towers/electric poles. However, the provisions of Electricity Act under Section 67 apply on the licensee (as appointed by the government) who has not been granted the powers of the Telegraph Authority under the Telegraph Act, 1885.
The licensee, subject to the terms and conditions of the license, as awarded by the government, may carry out work to lay down supply lines, that includes –
To open/break the soil and pavement of any street, railway;
To open/break any sewer, drain or tunnel in or under any street, railway;
To lay down and place electric lines, electrical plant and other works;
To repair existing electrical supply lines;
In order to carry out works, as incidental to, and required for the laying of electrical supply lines, the appropriate government (central/state), may specify the conditions and grant the necessary permissions, particularly on matters relating to –
Consent of the local authority, owner or occupier of the land parcel on which work is to be carried out, as required;
The duration of the contract of the licensee, and the nature of work;
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Determining the compensation amount, procedure of deposit of compensation amount payable by the licensee and payment process to the persons affected by the work to be carried out;
The rights of the owner/occupier of the land parcels that is being utilized for the works to be carried out by the licensee;
The procedure for fencing, guarding, and other safety measures relating to work on streets, railways and for alteration of the position of pipes, electric lines, telegraph lines;
The manner of restoration of property affected by such works and maintenance of the same;
Matters relating to disputes on compensation amount shall be determined by an “appropriate commission”.
the execution of works, involving erection of towers and connection of overhead lines, are done, only after a detailed field study, by identifying a feasible route of the proposed transmission line and by selecting a suitable corridors, by avoiding densely populated residential areas, span length, the angle of deviation, the extent of damage, likely to be caused, while erecting towers, maintenance cost of electric lines and towers and more particularly, the public interest in providing electricity to a large section of people and industrial establishments,
Section 68:
The section provides for process of approval from the appropriate government for stringing of overhead lines, and/or maintenance of existing overhead lines. While section 67 contains provisions granted to the licensee by the government regarding erection of towers, this section deals with structures under the transmission line (TL) RoW.
Any tree, or any structure standing near overhead line, or has been placed near an overhead line after the approval of the RoW, and erection of towers, can be removed or dealt with as accordingly by the licensee, after obtaining necessary approvals from appropriate government.
In case of any tree, structure in existence prior to the approval of the RoW and subsequent construction activities in the RoW, compensation shall be awarded to such persons with ownership of the trees/structures by the licensee. (Tree includes: shrub, jungle, hedge).
Section 68 of the Act contemplates that the appropriate government may, by rules made in this behalf, delegate the powers for carrying out over head line tower works and such power cannot be delegated by any one else especially without prior permission from the appropriate government. Section 68 (2) (c) of the Indian Electricity Act prescribe the period of notice to be given prior to carrying out the works
Section 164
This section grants the equivalent powers as vested to the telegraph authority through the Telegraph Act of 1885 to the private licensee (electricity generation and Distribution Company) for placing/erecting TL towers, and procurement of easement rights for RoW (Ministry of Power, Procedure for Obtaining Authorization U/s 164 of the Electricity Act, 2003, 2016). The appropriate government may elevate the status of a private company to the status of a public body and confer the powers as prescribed in the Telegraph Act upon the licensee, upon the submission of request from the company. In the submission of request, the licensee will furnish the following details:
i) Newspaper publication of the scheme (dissemination of information in public domain)
ii) Authenticated maps showing the details of the selected route alignment, along with justification
Review of the Acts:
In exercise of the powers under Section 10 of the Telegraph Act, the telegraph authority shall commit trespass on any private property, subject to the condition that while doing so, they are
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under an obligation to ensure that minimal damages is caused meaning thereby a power is vested with the telegraph authority to commit trespass subject to certain conditions.
Following section 16 of the Telegraph Act is counterintuitive to Section 10 of the Act. The provisions of the former allows for objection/prior approval of all land parcel owners whose land parcels have been identified for erection and stringing activity in the RoW. It is argued that Section 16 renders Section 10 of the Telegraph Act, and Section 164 of the Electricity Act 2003 without any actual value (K. Varadharajan vs The Chairman, Tamil Nadu Electricity Board, 2014).
Section 10 of the Telegraph Act confers powers on the Telegraph authority to trespass, and therefore, dismisses the requirement of obtaining prior consent from land parcel owners for construction activities. Section 16 of the Act describes the process of entertaining objections, and due process of compensation. The same powers can be obtained by a private licensee, by submission of request under Section 164 of the Electricity Act. In that case, provisions of Section 67 of the 2003 Act are invalid and do not apply. The licensee is then governed by the provisions of Section 68 and Section 164 of the Electricity Act 2003 (Maharashtra State Electricity Commission vs Shri Vikram Sunderdas Setiya, 2011).
Section 164 of the Electricity Act, 2003 together with Section 10 of the Telegraph Act, 1885 provides absolute power to the licensee to proceed with placing of electric supply lines or electric polls for the transmission of electricity on or over the private lands. Neither the acquisition of land is necessary nor there need any for consent of owner or occupier. This is subject to the rights of the owners on claims to compensation for loss of trees/structures (including crops) only, and not for loss of land, since land is not being acquired (Shivnarayan Mahajan vs Power Grid Corporation Of India, 2016).
Guidelines on Payment of Compensation for the Right of Way (RoW) for transmission lines, Ministry of Power, October 2015
In order to address the inadequacy of rules and statutes contained in Section 16 of the Telegraph Act and Section 68 of the Electricity Act regarding payment of compensation for loss of trees/structures, the Ministry of Power formulated guidelines for determining the compensation towards "damages" as stipulated in the Electricity Act, 2003 along with Indian Telegraph Act, 1885. These guidelines take into account losses that were not described in the two Acts. The guidelines are applicable for construction activities related to electricity lines of 66 kV and above (Ministry of Power, Guidelines for payment of compensation towards RoW damages, 2015). These are –
For tower base area impacted by erection activities, compensation at 85% of land value based on Circle rate/Stamp Act rates for tower base area.
For deterioration in value of land caused due to stringing of overhead lines and demarcation of the RoW corridor, compensation will be decided by the States as per the land category s.t a maximum of 15% of the land value based on Circle rate.
It is important to note that the Central Guidelines defined the type of impacts, which was lacking in the earlier Acts. The Guideline defines two types of impacts as evident from the compensation guidelines stated above:
Tower base area which is lost due to severe restriction of access
Corridor of land underneath the RoW between towers that can be affected by restrictions on its use
The above is over and above the damage compensation to be provided during construction.
The Government of Madhya Pradesh notified these guidelines on 1st April 2019 reiterating the compensation provisions for the tower base and the easements. Further specifications for indicative right of way depending upon transmission line capacity was also included.
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Quick Comparison
Theme Telegraph Act, 1885 Electricity Act, 2003 Ministry of Power Guidelines,
2015 and Madhya Pradesh
Circular (2019)
Prior consent Section 10 allows for
trespassing on private
land, and therefore no
consent is taken
Section 164 of the Act
replicates the powers of
the Telegraph Act for the
private licensee
Does not specify consent
process/objection process of land
owners/occupiers
Compensation
for loss of
trees/structures
Section 16 of the Act
allows for objections
from owners/occupiers;
Entertains
compensation
requests;
However damages are
not defined
Section 68 of the Act
covers compensation for
existing trees/structures
lying near the RoW;
However, the
compensation amount is at
the behest of the licensee
Compensation principles
determined for loss of land under
tower erection;
Loss in land value due to
restrictions on land use under
RoW width;
These compensations will be
over and above the
compensation for loss of
trees/crops/structures Compensation
for loss of
access to land
The Act argues that
since no land is
acquired, there is no
compensation to be
paid for land
Same as in the Telegraph
Act
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MP Forest policy 2005
The MP Forest Policy of 2005 was based on the National Forest Policy of 1988, which enabled participation of local people, and considered it a necessity for conservation and development of forests (Government, 2005). In June 1990, the Ministry of Environment and Forests had passed a directive to all state governments stating that tribal and other communities living in and around the vicinity of forests have the first rights on forest produce42. Subsequently, the MP Forest Policy was enacted with the objective of-
Rationalizing and sustainable use of forest and forest produce (both timber and NTFP)
Conservation of forests using the ecological, economic, social and technical resources of the state
Needs of forest dependent communities is to be fulfilled and productivity of forests to be enhanced
Socio-economic development of the communities is to be ensured by providing them employment
Strategies enacted by the Policy
To achieve the policy objectives, a number of strategies have been created, of which the points listed below are of specific importance in the context of development projects in MP:
1. Expansion and development of forest area for environmental stability and ecological balance: due to increasing degradation of existing forests, a time bound program for rehabilitation of the forests was established. Afforestation programs are to take help from local communities, specifically women to help establish ecological balance, and simultaneously, provide employment
2. Demarcation: development of forest villages are to be ensured and efforts are to be taken to convert them into revenue villages. The development of the basic amenities, like electrification, approach roads and drinking water etc., will be undertaken in such forest villages.
3. Encroachment: in order to check increase in area under encroachment, existing settled encroached area are to be permanently demarcated. Tree plantation is to be undertaken in the encroached areas with people’s cooperation.
4. Mining and non-forestry activities: Mining will be permitted in the forest areas only with the permission from the competent authority. Mining against rules shall not be permitted and the illegal mining shall be strictly prohibited. Permission for using the forest land for non-forest activities could be granted under unavoidable circumstances only as per the provisions of the Forest (Conservation) Act, 1980.
5. Unregulated grazing: Rotational grazing system is to be introduced in suitable areas as per provision of the forest management plans. In order to reduce excessive grazing, schemes for development of pasture lands to be undertaken. System of livestock management is to be put in place
6. Production, harvest and marketing of NTFP: For economic upliftment of forest dwellers of the state, increase in production of non-timber forest produce, in and outside forest areas, and their sustainable & non-destructive harvesting will be ensured. Village-level schemes shall be implemented to provide assistance to local persons/organizations.
7. Lok Vaniki: In order to reduce pressure on government forests, Lok Vaniki Act/Rules shall be strengthened. Villagers / farmers will be motivated to plant trees on the boundary- mounds of their fields and private wastelands to meet the requirement of wood. Farmers shall be encouraged and trained to set up their own nurseries and grow plants for the extension forestry.
42 https://newsroom24x7.com/2015/06/17/what-will-be-the-state-of-the-forests-in-madhya-pradesh-after-a-few-years/
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8. Joint Forest Management: Villagers in all the villages within a radius of 5 km from the boundaries of forests will be encouraged to constitute committees and the existing committees will be strengthened for better conservation and management of forests. The committees will be given required legal powers along with delegation of responsibilities to prevent forest offences.
9. Nistar Rights: The prevalent Nistar system for fulfilling the forest-based needs of the local people for fuel, bamboo, poles, hal-bakkhar, etc., will be made sustainable and continued throughout the year, if needed, subject to availability. Villagers living only within a radius of 5 Km from forest boundaries will be allowed to take out dry, fallen fuel wood from forests as for domestic use, subject to availability.
10. Empowerment of forest-dependent tribals, landless and women: Arrangements are to be made for alternative self-employment to the tribals, landless and women, necessary legal arrangement will be made to help them get loans from financial institutions on priority basis. Self-Help-Groups (SHGs) are to be set up and encouraged to associate with cottage industries.
The strategies specified in the Policy document explicitly mentions the applicability of Nistar Rights (the provisions of which are contained in the MP Land Revenue Code), as a step towards inclusion of local communities in forest conservation. The Policy is also beneficial to the farmers43 as it encourages, and allows them to plant and cut trees, in the 5 km boundary of a designated forest.
MP Forest Rules 2015 (Village Forest and Protected Forest)
Under the Madhya Pradesh Protected Forest Rules enforced by the State Government, the district collectors have been given the powers to attach a Protected Forest to any village. As per the new dispensation, the Collector is authorised to attach any Protected Forest or a part of it, not lying within any urban area or a Protected Area to a village.
These Rules also permit Villagers to graze their cattle in Protected Forest attached to a village. The village forest committees have also been given the power to permit grazing by cattle from other villages on payment of a fee to be charged for grazing in the attached protected forest. The villagers will also be able to obtain, either free of charge or on payment to the village forest committee their “nistar and paidawar” requirements from the attached Protected Forest (WWF, 2016).
These rules allow for collecting forest produce, as defined in the Nistar Patrak of that village, from the associated forest for livelihood needs. The Village Forest Rules enforce joint forestry management (JFM) as laid out in the Policy through creation of Gram Van Samiti (GVS). In theory, this committee is to be constituted by the Gram Panchayat, and is a mandate for every village. The Samiti has the power to enter into agreements with government backed/private entities for sale of forest produce, associated with the village forest. The sharing of such produce, will again be based on Nistar Patrak and the Collective rights (Nistar Rights) of the villagers.
Important Provisions under the Forest Rules 2015
Under the Village Forest Rules, Occupational Nistar means forest produce required for the purpose of carrying out livelihood, and Paidawar includes edible roots, fruits, flowers. Accordingly, the Nistar Rights uniformly apply, as stated in the Land Revenue Code. The important provisions of the Forest Rules are listed below (MP Government, 2015).
Rule 4: The Gram Panchayat will form and appoint members to GVS for the purpose of managing forest attached with the village
Rule 11: Villagers can graze their private livestock from protected forests associated with the village, under MP Grazing Rules of 1986. Livestock from other village can be allowed to graze by the GVS, after payment of some amount of fees.
Rule 13: for the construction of public utilities/amenities, forestland can be cleared and utilized. The following list of public structures are included:
43 https://www.hindustantimes.com/india/new-policy-to-ease-pressure-on-forests/story-c5rqYeGpuM1ZTC6pJfnkDN.html
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School, Dispensary/hospital
Anganwadi centre
Creation of lake, water catchment area
Setting up of solar panel powered electricity generation system
Construction of roads
In reality however, the GVS does not have much hold on the management of protected forests associated with the village. These powers are vested with the concerned government departments. This also has a bearing on allotment of forestland (as and when applicable) for public utility projects. The provision is silent on the maximum amount of land that can be allotted from the village forestland for the projects.
Madhya Pradesh Grazing Rules (1986)44
The key provisions of these rules include:
Determines carrying capacity of grazing unit as the maximum number of cattle units (based on definition of cattle unit) that can be admitted per grazing unit depending upon the incidence of grazing and other factors;
Grazing unit is understood to be applicable only forest areas declared open for grazing. In accordance to the Rules, grazing units shall be constituted by the Conservator of Forests in-charge of forest circles, provided that till such grazing units are constituted the Reserve Forest and the Protected Forest blocks shall be the grazing units;
Forest villages and villages within a 5 km distance of boundaries will be given preference in the issue of grazing license;
The Rules designate areas prohibited for grazing within forests, allotment of license provisions, roles of local panchayats and provisions of transit grazing licenses.
Note: These Rules do not apply for RUMSL as the grazing activities are carried out on government land and regulated by the Code and not on Forest Land. However, for the definition of grazing units and carrying capacity, the provisions of the Rules have been referred.
References for Appendix A
Government, M. (2005). Madhya Pradesh State Forest Policy . K. Varadharajan vs The Chairman, Tamil Nadu Electricity Board, 27121 (Madras High Court
November 2014). Legislative Department, M. o. (2013). THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
Maharashtra State Electricity Commission vs Shri Vikram Sunderdas Setiya, 83 (Appelatte Tribunal for Electricity September 2011).
Ministry of Power, G. (2015). Guidelines for payment of compensation towards RoW damages. Government of India.
Ministry of Power, G. (2016). Procedure for Obtaining Authorization U/s 164 of the Electricity Act, 2003. Government of India.
Mishra, P. (2003). Principles and Practices of JFM in Madhya Pradesh. Word Forestry Congress, FAO.
MP Government. (2015, June). Retrieved from Gazette Publication of MP Government Press: http://www.govtpressmp.nic.in/pdf/extra/2015-06-04-210.pdf
44 www.bareactslive.com/MP/MP853.HTM
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Pai, S. (n.d.). Politics of Land Distribution to Dalits in Madhya Pradesh. School of Advanced Studies (University of London) SAS-Space, 18.
Shivnarayan Mahajan vs Power Grid Corporation Of India, 1137 (Madhya Pradesh High Court March 2016).
WWF. (2016). New State Village Forest Rules. WWF-India.
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APPENDIX E GRAZING MANAGEMENT PLAN
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The Grazing Management Plan has been prepared, based on the findings of the RAP and LRP (household and land and assets) surveys and Focus Group Discussions (FGDs) with graziers. Since the Project will have impacts on the grazing land currently available and used by the communities, the plan is meant to recommend mitigation and management measures for such impacts.
The management plan presents the current baseline and context; impacts and magnitude, by location (village, social groups); objectives of the plan and implementation related recommendations.
Baseline and Context
Livestock Ownership and Dependence
Livestock rearing is an essential source of income for households in the surveyed village and part of their overall nutrition security. The livelihood of the local communities primarily depends on livestock keeping and agriculture, both of these activities are key elements of the rural circular economy, upon which .
Source: https://www.wur.nl/en/Dossiers/file/Circular-agrofood-system.htm [Accessed 16th Oct 2020] The production system can broadly be classified as a mixed farming system with agriculture and livestock playing complementary and synergistic roles. As per the consultation with graziers in the Project affected villages, livestock helps improve food and nutritional security by providing:
nutrient-rich food – milk and dairy products (refer to the figure above and figure 1.4 on self-consumption) and income ,
inputs for agriculture in terms of manure based fertilizer (to maintain soil moisture and soil quality), and draught power for tilling or transport of produce and
dung for production of dry dung cakes for use as cooking fuel.
Figure E.12-2 Illustratration– rural circular economy
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Livestock also provides an economic cushion against crop failure45_ftn1, since agriculture in the region is highly dependent on timely and adequate monsoon rains. Input costs for livestock maintenance are also offset by use of crop residue as fodder, along with other free open grazing sources, that may be supplemented with fodder purchased from the market (largely for buffaloes and cows). All these act as a circular system of dependence used by all rural households.
Dung manure is an essential contribution to crop production. Per the consultation with graziers, manure is used as a substitute for commercial fertilizers, the prices of which rose sharply in recent years. Higher retail fertilizer prices make manure fertilizers more attractive. All livestock owners with cultivated land use dung as manure for agriculture production.
Livestock dung is also used as a source of fuel for heating and cooking purposees. The local community as a cooking fuel has used dry cow dung. Per the village profile of Project affected villages approximately 100 per cent the household in the Project affected villages uses dung cake as a source for cooking all around the year.
Animal husbandry and agriculture have traditionally been the two pillars sustaining livelihoods in the area. They are synergistic and complementary, thus reducing livelihood vulnerability to natural calamities such as drought in the area. Some of the key features of livestock production systems in all the three districts (i.e., Neemuch, Agar, and Shajapur) are:
Livestock rearing practices as part of mixed farming systems with most households owning some cows, buffaloes and oxen, and a few goats and sheep; and
The role of the open government land for grazing is critical for livestock rearing, especially for landless, marginal and small farmers. The grazing area provides feed, fodder and water, as also the space for animals to walk providing direct inputs to livestock rearing.
The region has a long history of pastoralism, which now combines with settled agriculture, as more and more land has been brought into use for cultivation.
45 It is a common phenomenon in rain-fed agriculture in villages that there is a high chance of crop failure in years of deficient rain in the area.
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Figure E.12-3 presents the livestock holdings amongst the PAHs which include cows, buffaloes, goats, and sheep, with the most common being cows and buffaloes. Discussions with graziers have revealed that there is no household in the Project affected villages without any livestock ownership. Even the landless households have goats that they use for supplementing dairy food requirement and a source of income.
Livestock also acts as capital assets for the household and insurance against crop production risks, a coping mechanism against shocks, in addition to its main role as a vital source of dietary protein for the whole family, especially children.
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Figure E.12-3 PAHs ownership of Livestock
Source: RAP Household Survey Aug 2020
The livestock system in the area is predominantly based on the rearing of cattle, buffalo, goats and sheep.
Poultry activities are limited and not dependent on open grazing land. This has not been included in the analysis..
Table E.12.3 Purpose of livestock rearing
Animals Purpose of rearing
Cows Socio-cultural value, draught power, milk and other dairy products for home consumption, sale
of surplus milk, manure as agricultural input, cow dung cakes for cooking fuel
Buffaloes Perceived to be high economic value, milk and other dairy products for home consumption, sale
of milk (high fat content), manure as agricultural input, and sale of male calves.
Goat Sale, meat for consumption/sale, milk for consumption and manure.
Sheep Milk for consumption, home use and sale of wool, sale of lambs and ewes, meat for
consumption/sale, manure, sale of hides
Social Group wise ownership
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Figure E.12-4 Livestock ownership among different Social Groups
Source: RAP Household Survey Aug 2020
Ownership of livestock by social group indicates that there are some differences as noted below.
Cow ownership Households across different social groups prefer to own cows, for the reasons stated below:
Cows are traditionally owned by the villagers in the area and are not purchased they are inherited from one generation to other;
The cow in the region are of Malvi breed, and the males of the breed are well known for draught qualities. These continue to be used for transportation. In addition, the bullocks work well in the tilling of black cotton soil; and
The cost of veterinary care is lower for the indigenous breed cow compared to foreign breeds like Holstein and Jersey.
Malvi Cattle Breed Profile Breed Name Malvi
Other Name Manthani, Malavi or Mahadeopuri Breed Purpose Mainly draft (The Malvi cattle are mainly used as a draught animal.) Special Notes Strong, hardy, powerful, well adapted to their native climatic
conditions Breed Size Small
Weight Bulls – About 500 kg Cows – About 340 kg
Climate Tolerance All Climates Milk Yield Poor (the cows are not among the good milk producers. On average,
they can produce only about 600 to 1200 kg of milk per lactation. However, the milk produce is of high fat, containing about 4.3 per cent
of fat.)
Source: https://www.roysfarm.com/malvi-cattle/ (accessed on October 22, 2020)
Buffalo Ownership The ownership of buffalo across the social group varies. Ownership of buffaloes is higher among General and OBC social groups in comparison to the SC and ST households. There are no clear reasons for the preference; however, the points below are of significance:
the purchasing cost of buffalo is very high, reportedly the cost of a buffalo varies from INR 70,000 to INR 1 lakh;
the cost of veterinary care is higher for buffaloes, compared to cows; and
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buffaloes need more fodder as compared to cows and goats, therefore in the dry season it is very difficult for low income earning household to purchase fodder for buffaloes.
Goat/sheep ownership Ownership of goats/sheep also varies across the social groups and is higher among SC and ST households in comparison to General and OBC households. Some explanations for the difference are:
The SC and ST households also reported lower incomes and may therefore not be able to afford to maintain a cow or buffalo, thus keep goats as the best alternative source of supplementary income and milk;
Unlike a cow or buffalo, a few goats/sheep can be maintained at a low cost- fed through open grazing on common pasture land- and can be easily sold for cash in times of distress; and
There are also other stated factors– such as the social taboo of keeping goats/sheep, among households from OBC and General social group,.
The cow and buffalo population in the area has a two-fold utility in non-mechanised farming. The male
population serves as draught animals which are primarily used for crop cultivation and secondarily for
transportation and other activities. The female population, besides being essential for breeding, is the major
source of milk supply. The number of milch cattle and buffaloes held by a household, therefore, represents the
dairy-farming component of the livestock holding.
Land Ownership wise livestock holding
Figure E.12-5 Percentage of livestock holding in comparison to land holding
Source: RAP Household Survey Aug 2020
Mixed farming is a traditional practice in Agar and Shajapur districts. In particular, symbiotic operations of crop production and animal husbandry, especially dairy farming, have been practiced widely in the area. The scale of operations carried out on a farm being closely related to the size of landholdings.
An association between in-milk Bovine (cow and buffalo) stock and size of landholding emerges from the table above. Households with larger land holdings, also have greater resources for fodder supply, and could naturally maintain a larger Bovine stock. The marginal and small-holding farmers, on the
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other hand, with limited resources and high dependence on open government land for grazing, had fewer in-milk buffaloes.
Difference in ownership of livestock in male and women headed households
Figure E.12-6 Gender based average ownership of livestock
Source: RAP Household Survey Aug 2020
Asset ownership is often positively correlated with economic growth, poverty reduction and with a decrease to vulnerability and risk at the household level. There is increasing evidence that women’s absolute and relative asset levels are essential to development outcomes, directly through their influence on decision-making and indirectly by conditioning women’s ability to participated in and benefit from specific livelihood strategies, etc. Livestock is thought to be one of the most important assets for female-headed households as they are a productive asset that they can easily own and can support their livelihood.
As per the consultation with the local community, it is revealed that women are more likely to own buffalo (with higher average rate) than cow and goats/sheep. The household survey confirms the statement made during the consultation, the highest frequency is of ownership of is buffalo (1.1 average buffaloes per livestock owner female-headed household) in comparison to cow and goats/sheep ownership among female-headed households. The reason behind the higher ownership of buffalo that buffalo can be feed by stall feeding (female doesn’t have to take buffalo to graze, which is men focused work) and have higher commercial value.
Various factors can determine livestock ownership by the female-headed household; some of the key factors are discussed below:
Decision-making on women-owned livestock: The concept of ownership cannot be taken in isolation from decision-making. Even for female-headed households, the heads have to consult other male members of the households about sale and purchase of livestock and other assets.
Means of acquisition of livestock by women directly contribute to the number of livestock holding. If the households have access to all of the acquisition means, with available resources to acquire, then it can result in a higher number of livestock per households. As can be seen in the figure given above the average number of livestock is less in female-headed households, that can refer to that the households do not have access to all of the means of acquisition of livestock and have to depend on the male member of the households to purchase the livestock. As per the consultation with women, in comparison to male-headed households, the available resources among female-headed household is less, thus have less purchasing power for any livestock. However, in recent past microcredit
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groups of women46, is seen as one approach to reduce women’s limited access to cash and enable their purchase of livestock. Thus, it resulted in purchase and holding of buffaloes, which support their livelihood.
Income
Primary and Secondary Livelihood
Figure E.12-7 Livestock as a Primary and Secondary occupation
Source: RAP Household Survey Aug 2020
As can be seen in the above figure, livestock as a primary source of income is of six (6) member of surveyed households (only 0.2 per cent of the total population surveyed). The same can be seen with the secondary source (3.5 per cent of the total population surveyed) though, which is higher than the primary source of income.
However, the livestock play very important economic, social and cultural roles or functions for households once they contribute to additional income to improve the overall income of the household, wellbeing of the households and a sustenance form of livelihood. Livestock helps on food supply, household nutrition, family income, asset savings, soil productivity, livelihoods, agricultural traction, and sustainable agricultural production, ritual purposes and social status.
Based on consultation with graziers in Agar and Shajapur, livestock functions can be classified in two ways. The first one is based on the kinds of output produced or in the uses on which these outputs are put on. Among the types of output produced, it should be mentioned the food, inputs to cropping, and raw materials. Among output uses, subsistence consumption by the livestock owner’s household, income source through the sale of live animals or their products.
The second classification is livestock functions in economic roles such as a source of cash income, and means of savings accumulation, direct feed use for family subsistence, input supply such as fertilizers and animal draught.
Further, it is to be noted that, based on the household survey, no female member have reported livestock as a primary source of income. However, 13 female member (1.4 per cent of the total female members) have reported livestock as a secondary source of income.
46 As per the village profiling discussion with villagers, almost every woman has access to the micro-credit organization, which provide loan to the women group at a low-interest rate.
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Consumption pattern of livestock
Figure E.12-8 Self-consumption and sale
Source: RAP Household Survey Aug 2020
Similarly, to cow rearing households, livestock-owners keep buffalo for meeting the household needs for milk. However, buffalo is also seen as a source of income, because of a higher rate of buffalo milk and higher yield of milk in comparison to the indigenous breed of cow in the area. Therefore, as can be seen in the above given figure, 55.6 per cent (104 households) of the total households who owned buffalo has reported buffalo as a source of income.
Per the data present in the above given figure, a majority of the households practice goat/sheep rearing for their subsistence. As per the consultation with graziers and supported by the household survey data, goats/sheep do not make up a significant part of income of the households, as household sell goats, kids, at an uneconomic age of 2-6 months. However, the optimum slaughtering age of kids reared is 7-10 months for maximisation of net return. This is done mainly because of the risk of mortality, feed scarcity and lack of housing space, and to fulfil the household urgent cash needs.
Overall Income average
Figure E.12-9 Average income from livestock among livestock owners
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Source: RAP Household Survey Aug 2020
As can be seen from the above figure, in comparison to the number of cows among the livestock-keeping households, the income generation is low; this is primarily because the cow-milk and milk products are used for self-consumption, in contrast with buffalo- milk, which is sold, probably due to higher fat content which fetches a better price.
The Malvi breed of cattle is an indigenous breed of the region, known for its suitability for draught in black-soil conditions. However, with the increase of mechanised systems in farming, the number of ox kept for draught is decreasing. Buffaloes are now become the preferred livestock variety with the opportunity to encash milk surpluses. The milk produce by buffalo contains 7 to 7.5 per cent fat, fetching an average rate of INR 40 per litre (as per the Sanchi Dairy representative), which is above the average rate of cow milk (average selling price of cow milk is INR 30 per litre).
Additionally, the average milk yield is higher for buffaloes in the area; the average yield for indigenous cow is around 2 to 3 litres per day compared to about 6 to 7 litres per day for buffaloes. Even the buffalo also have higher re-sale value as in comparison to cow. As per the consultation with graziers, the selling price of an unproductive buffalo is at around 60 to 70 per cent of the productive buffalo. In recent years, with a ban on the sale of cows for transboundary movement, the market for sale of unproductive cows has collapsed, leading to the phenomenon of abandoned unproductive cows.
Goats are mainly used for the milk, meat, and skins. Sheep are used for the wool, meat and skins. Goats are hardy and known to be more resilient in times of drought and are lower cost to maintain.
Sanchi Cooperative is the state level institute owned and governed by Madhya Pradesh State Cooperative Dairy Federation, Bhopal. As informed by the representative of Sanchi cooperative, any milk producers can form a village level dairy cooperative society requiring a minimum of 11 households . The process of setting up of a village level dairy cooperative is highlighted below: A village-level survey is conducted by the representatives of Sanchi dairy, for selecting the village for the
formation of a village level committee; A village-level dairy cooperative can only be started when the quantity of surplus milk in the village is
about 100 liters or above; Milk producers of the village who want to become a member of the society will get a share of INR 100
(minimum purchasing of 1 share is compulsory) and have to pay a membership fee of INR 5, which is calculated a total amount to be paid by a new member is INR 105 per member; and
At last, a registration proposal will be send to the registrar for the registration of a village-level dairy cooperative.
The field staff of Sanchi also provides technical services for breed improvement through artificial insemination, scientific feeding practices for more output against low input cost, animal health care and management to make dairy activities profitable at the producer level for improving their socio-economic status. The field staff also provides regular training to the management committee and staff members of the village level dairy cooperative society for improving their cooperative and business skills.
Social Group wise income generation
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Figure E.12-10 Average income from livestock among different Social Groups
Source: RAP Household Survey Aug 2020
The analyses of the above-given figure are given below:
The highest average income from livestock is of OBC households, which is approximately 13 per cent of the total average income of the surveyed OBC households;
For General category households, income from livestock is around 6 per cent of the total average income;
For ST households, the income is around 4 per cent of the total average income; and
For SC households, income from livestock is approximately 3 per cent of the total average income.
As stated above, for the majority of households livestock is not the primary or the secondary source of income. However, livestock is seen as a source of alternate source of income which adds, additional value to the primary source of income, and also have featured as living savings that can be converted into cash whenever the household needs it. Livestock has also been seen as a form of security asset for any planned expenditures such as marriage or unplanned expenses like illness and death of the family member.
Women and male headed households income difference
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Figure E.12-11 Average income from livestock among Female and Male
headed households
Source: RAP Household Survey Aug 2020
The average income of the female-headed household (approximately 3 per cent of the total average income) is less than the male-headed households (around 9 per cent of the total income) The difference in average income is related to the number of livestock owned by the female-headed households.
Grazing Pattern
Overall Grazing Pattern
The section present the overview of the grazing pattern among the household surveyed in Agar and Shajapur.
Figure E.12-12 Fodder sources for livestock
Source: RAP Household Survey Aug 2020
Season of grazing refers to the portion of the year during which a particular area is grazed. Consultation suggested that open grazing is a year-round activity, with more intense grazing in the monsoon and post-monsoon months from July to November.
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As per the consultation with graziers Cow and Buffalo, graze on the government land mainly during the monsoon period, whereas goats/sheep graze all year round. The reason behind this is that the grass quality is poor and the quantity of grass is also less in the dry season.
Per the consultation with graziers, shrubs are another vital component of the vegetation vis-`a-vis livestock systems because:
Shrubs with their low height, and relatively tender stems is an important feed and fodder resource for livestock grazing;
Shrubs help arrest soil erosion and indirectly support biomass growth on the Grazing lands; and
Shrubs indicates a healthy stratified vegetation structure.
Table E.12.4 Month Wise Dependence on Grazing Land and Fodders
Livestock Dependence on Grazing land and Fodder for stall feeding
Charnoi/Chargah Cultivate Fodder
Parcels
Self-Grown crop residue Purchased Fodder
Cow July to
December
July to November December to January
and March to April
February and May
to June
Buffalo July to
November
July to November December to January
and March to April
February and May
to June
Goats/Sheep January to
December
July to December December to January
and March to April
February and May
to June
Source: Village Profiling Aug 2020
Monthly and season-long fodder requirements in the area indicate that there is an adequate amount of forage during the monsoon period. The above tables show that it is adequate to surplus quantities of forage from July to November. A more significant deficiency occurs from February to March, where local communities have to purchase fodder. At the time of the deficiency, the fodder availability from residue constitutes a significant share of the total fodder availability amongst the livestock-keeping households. Fodder availability is additionally derived from trees on private farms.
As per the consultation with local community, pasture-grazing changes the physical environment of livestock especially cows, enables them to exercise, induces changes in diet routine and improves the health of livestock. Pasture grazing helps livestock recover from lameness and allows a more comfortable surface to stand upon and lie down. It facilitates behaviours such as grazing, lying and resting and reduces aggression. Reportedly, physical movement in livestock also improves bone, hock strength, and prevents hock injuries, through improving circulation of blood, enabling proper nutrition from green fodder.
Table E.12.5 Feeding system for livestock
Animals Feeding systems and source of fodder
Cows Grazing (average eight hours per day) supplemented with crop residue, bullocks are usually
raised on crop residue; milch cow are provided with some additional concentrates
Buffaloes Grazing (average four hours) plus crop residues and cultivated green fodder; mineral mixtures
and concentrates are also provided to buffaloes that are producing milk
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Sheep Grazing (average eight hours) on the grazing area, farm field after harvesting, looped tree leaves
and pods
Goat Grazing (average eight hours) on the grazing area, farm field after harvesting, looped tree leaves
and pods
Based on field consultations, Acacia nilotica (Babul), Acacia leucophloea (Safed kikar), Azadirachta Indica (Neem), and Prosopis cinaria (Khejri) are some of the important species of trees found across Agar and Shajapur districts. Babul is widespread across the area and is highly valued for its use as an animal feed as well as for timber and medicinal purposes. It serves as a major feed for animals especially sheep and goats, in arid and semi-arid regions where there is a scarcity of feed and fodder. As per the consultation with Graziers, it is traditionally appreciated for its high nutritional value and its beneficial impact on reproductive processes.
Crop Residue as a fodder source
Per the consultation with graziers, the proportion of crop residues in the total fodder intake increases as the fodder from the grazing land and/or the open government land decrease (from monsoon to winter to summer). Dependence on crop-residues to meet the fodder requirement of livestock decreases or increases in proportion to the availability or shortage, respectively of fodder from the grazing land. When total fodder resources available in the village fall short of total requirements, fodder is purchased from outside sources. Deficits in fodder availability will make livestock systems vulnerable, especially for low-income households, with increased costs of feeding making livestock keeping households economically unviable.
The fodder availability from crop residues and the grazing lands constitutes a major share of the total fodder availability in the area. Crop residues are the fibrous parts of the plant that remain after the harvest of the crop for human consumption. As can be seen in table 1.10, crop residue is a major source of fodder for livestock, especially in the winter and summer season. Amongst crop varieties grown in the area, the wheat crops produce vast quantities of stem and bran and soybean produces bran (hull), which became part of livestock feed for conversion into economical products. As per the household survey, 87 per cent (439 households) of the total surveyed households cultivate soybean, and 64.6 per cent (326 households) of the total surveyed households cultivate wheat. Soybean and wheat help the livestock owners to meet the fodder shortage in the dry months, soybean bran and wheat stem and bran have many valuable traits as fodder.
Livestock feed resources (mainly for stall feeding) in the area can be divided into the following five (5) major groups:
straw/stem: slender straws from wheat
bran: bran or hull from wheat and soyabean
grasses from pastures, open government land and fallow land
green fodder from forage crops;
cereal grains including, cattle feed wheat flour
12.7.1.2 Use of Government Land for Grazing and fodder
Open grazing of livestock on government land (designated Charnoi/Charagah, on records) and functionally, also on government land that is not designated as Charagha/Charnoi, is a common practice. As reported from consultations with graziers, open grazing is the preferred option for goats, sheep and cows, and typically, the grazing land is within 1- 3 km of the residential area of the village.
Per the consultation with graziers, livestock rearing is directly related to the availability of private and open grazing land; thus, as the availability of open grazing land decreases (due to allotment of land
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into the project), the prospect of feed and fodder security for local communities will also be adversely affected, unless this is mitigated.
Further, the government land has also has been occupied (through squatting) to create private fodder lots. As per the land and assets survey, it was identified that 11 informal users (i.e. 05 encroachers and 06 squatters) are using government land as fodder lots in Agar and Shajapur districts. This use has been captured during the LA survey, as separate from the use of notified and designated government grazing land (charnoi/charagha). Per the LA survey, the area under the informal use for grazing is estimated at ~9 hectares of government land.
As per the household survey, marginal farmers constitute about 10 per cent of the total PAHs. With small and sub-optimal land holdings, these farmers have relied on the available open government land for meeting a significant portion of the fodder requirements of their livestock.
Per the data Bardawada (201.451 hectare), Badi (238.369 hectare) and Umariya (176.63 hectare) are the villages with the highest government land take. The potential impact of the government land take for the project is the reduction of grazing area, even as the number of awara gai (stray/ abandoned cows) have been trending up.
Awara Gai (Stray/abandoned unproductive cows)
An extraordinary situation is prevailing in the Project affected villages concerning livestock. As per the consultation with the local community, as due to drought, less fertile land and inadequate irrigation facilities have put farmers under financial stress, and farmers are experiencing agrarian distress. While that has made it difficult for them to afford the upkeep of their livestock, the ban on cattle slaughter in Madhya Pradesh state has meant a complete collapse of the market for cattle, and in turn, their commercial value. This has resulted in farmers abandoning their cattle in droves, giving rise to a massive stray cattle problem.
Additionally, the fear of vigilantism, the cattle trader who would collect cattle from farmers and take them to markets have disappeared, leading to the sale of unproductive cows has collapsed.
The sheltering of old, abandoned, unproductive, infertile and infirm cows in shelters, referred to as “Gaushalas”. Per the consultation with Patwari and the local community in Project affected villages, there is a plan of constructing of Gaushala in every village, if it is not yet built. The main aim of the Gaushala is to provide shelter to stray cattle and if any villager facing financial problem in keeping the cow, and issue of fodder availability then can give their cow in these gaushalas. However, with the massive influx of stray cattle, most of the gaushalas are overcrowded, lack sufficient space, workforce and other facilities/resources for proper upkeep and sustenance of cattle.
Reportedly, livestock-owners don’t want to send their cattle to these gaushalas, as there is a risk of improper care of livestock, dying of cattle, cattle fodder are not available, unhygienic conditions, no access to veterinary care, and less workforce. Local communities have also reported that in the past there were cases of cattle dying in Gaushalas due to unavailability of fodder and no access to veterinary care.
Active Grazing areas
The consultation with graziers has been conducted at the time of RAP survey done by ERM to get the sense and knowledge about the grazing areas where graziers usually graze their livestock and whether active grazing is happening on the government designated charnoi/charagha or not. The below maps of each unit represent the designated charnoi/charagha land and the active grazing area, as per the graziers. These maps will be included for disclosure before finalising the activities by the RIC and the identified implementation partner.
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Figure E.12-13 Unit 4 map with indication of active grazing land as per the consultation with Graziers
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Figure E.12-14 Unit 5 map with indication of active grazing land as per the consultation with Graziers
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Figure E.12-15 Unit 6 map with indication of active grazing land as per the consultation with Graziers
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Figure E.12-16 Unit 7 map with indication of active grazing land as per the consultation with Graziers
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Figure E.12-17 Unit 8 map with indication of active grazing land as per the consultation with Graziers
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The following table highlight the grazing pattern on open government land and on the designated charnoi/chargha, on record land.
Unit FGDs with Graziers – Villages
Grazing in government designated
charnoi land (Yes/no)
Remarks
Unit-4 Pipaliya Kumhar
No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit-4 Kasai Dheriya No The villagers are grazing their livestock in a larger area than the designated charnoi/chargha land, on record
Unit-4 Madhopura No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit-4 Bijnakhedi No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit -5 Palda No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit -5 Umariya No The villagers are grazing their livestock in a larger area than the designated charnoi/chargha land, on record
Unit -5 Pipaliya Nankar
No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 6 Jawadi No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 7 Chouma No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 6 Burlay No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 6 Dhatarawada No The villagers are grazing their livestock in a larger area than the designated charnoi/chargha land, on record
Unit 7 Dheripal No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 7 Bijnakhedi No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 7 Fawaka No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 8 Lalupura No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
Unit 8 Hanoti No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
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Unit FGDs with Graziers – Villages
Grazing in government designated
charnoi land (Yes/no)
Remarks
Unit 8 Surajpura No The villagers are grazing their livestock in different land parcels than the land that has been designated for chranoi/chargha land, on record.
The area actually used for open grazing of livestock, in all villages is not the same as the designated area on government records. In some villages, it is in different locations, in other, it is larger and also in different locations from the records. This makes the assessment of the thumb-rule of keeping a minimum of two percent (of the total agricultural land) for grazing, difficult.
Impacts assessment
Impact of reduction in available Grazing area
Land Identified for the Project comprises government and private land parcels, with nearly 90% comprising government land and 10% private land. Government land take in the area will result in the reduction of available grazing land. As has been described earlier, grazing is not limited to the demarcated areas, but covers a footprint that sometimes overlaps and sometimes excludes charnoi/charagah areas. This makes an assessment of impacts from the reduction in areas harder to quantify. However, the approach used to assess this impact category is not based on the sufficiency of the remaining area, but the quantification of the reduction in area, which is a clearer assessment.
The envisaged impact of this decrease are given below:
Increase in the cost of livestock rearing, as grazing land productivity and availability is an essential factor for cost-effective production in the area. In the absence of grazing land farmers would have to purchase more fodder which will increase costs, or make this form of livelihood less viable;
Decrease in grazing land could increase the number of Awara (Stray) cow if more animals are abandoned due to the stress of sourcing fodder;
Increase in the cost of farming, as reported most of the farmers are using livestock as a source of manure, which reduce their use of fertilizer; and greater dependence of livestock numbers per land area may further increase overgrazing thereby depleting the quality of the resource further., these may also result in faster desertification and lower water re-charge and availability.
Project induced Stress on households with livestock holdings
The impact due to Project on households who are dependent on livestock is reported to be high, given that all the households in the project villages own livestock and need land for grazing.
The envisaged project induced stress are given below:
Discussions with livestock holding households reveal that the main concern regarding the project and project-related activities is the potentially reduced access to common grazing areas, and restrictions on use, imposed by dominant social and caste groups in the villages;
The impact of the loss of fodder resources will be higher on landless households with livestock who solely rely on government grazing land for fodder; and
These stresses could affect the nutritional security of such land less households or people with small/marginal agricultural land, causing further impoverishment and making them more vulnerable to economic shocks,
Based on the need assessment of the above-given categories, table 1.3 has categorised the villages for implementation of this grazing management plan.
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Entitlement Matrix
As per the entitlement matrix prepared as part of this document, entitlement of loss of grazing areas is through grazing management at the community level (based on recommendations identified subsequently), and through livelihoods restoration for those with economic displacement impacts that are also vulnerable.
Livelihood Restoration Plan
As part of the document, a Livelihood Restoration Plan (refer to section 9) has been prepared. The LRP has been prepared with the principles of, at a minimum, restoration, if not improvement of living standards of the PAHs to pre-project levels, and provision of livelihood support to all PAHs. As part of the LRP, livelihood initiative has been proposed which will add to and/or support the strategies proposed in the Grazing Management Plan. The highlight of the proposed LRP initiative are given below:
Agricultural intensification has been proposed to allow the affected community to become self-sufficient towards livelihood earning with reduced landholding size (for more details refer to section 9.2.1);
Preferential Employment has been proposed to provide the preferential employment as per the skill set available within the PAPs (for more details refer to section 9.2.2);
Training initiative to enhance the skill set of the PAPs as per the employment requirements (for more details refer to section 9.2.2);
Goat farming and Fattening as livelihood initiative has been suggested to improve the livelihood and creating new livelihood option for PAHs. The initiative will involves the rearing and fattening of goats without medicines for meat production (for more details refer to section 9.2.3); and
Dairy Production: one of the livelihood initiatives to be explored it to support the dairy production in the villages (for more details refer to section 9.2.3).
Government and Charnoi land take in the Project
Table given below have highlighted the total government land and charnoi land take in the Project.
Table E.12.6 Government and designated Charnoi land allotted to the Project
Unit Village Total Government Land Allotted (in hectare) as per the allotment letters (% of total geographical area of the village47)
Charnoi Land Allotted (in hectare)
Charnoi land remains after allotment (in hectare)
Nistar Patrak: Total Charnoi land in village (ha)
Unit 4 (Agar) Karwakhedi 120.04 (20.44%) 0 59.2 59.2
Unit 4 (Agar) Ladwan 197.14 (33.4%) 9.47 57.35 66.82
Unit 4 (Agar) Bijnakhedi 56.33 (7.9%) 0 146.76 146.76
Unit 4 (Agar) Madhopura 16.83 (3.3%) 0 69.89 69.89
Unit 4 (Agar) Dhudhpura 85.48 (17.2%) 0 63.97 63.97
Unit 4 (Agar) Kasai Dheria 28.3 (11.2%) 0 NA NA
Unit 4 (Agar) Pipaliya Kumhar 34.92 (9.1%) 0 33.09 33.09
Unit 5 (Susner) Palda 56.99 (7.1%) 0 27.6 27.60
47 The total geographical area of the village is as per the Census Survey 2011.
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Unit Village Total Government Land Allotted (in hectare) as per the allotment letters (% of total geographical area of the village47)
Charnoi Land Allotted (in hectare)
Charnoi land remains after allotment (in hectare)
Nistar Patrak: Total Charnoi land in village (ha)
Unit 5 (Susner) Naharkheda 60.2 (7.2%) 0 148.42 148.42
Unit 5 (Susner) Umariya 176.63 (29.1%) 35.61 211.51 247.12
Unit 5 (Susner) Pipaliya Nankar 161.16 (25.5%) Not Known48 Not Known 19.63
Unit 6 (Moman Badodiya)
Bijnakhedi 95.45 (24.7%) 0.36 37.22 37.58
Unit 6 (Moman Badodiya)
Dhatrawada 176.3 (26.7%) 0.58 51.91 52.49
Unit 6, 7 (Moman Badodiya)
Burlay 40.15 (4.5%) 0 60.55 60.55
Unit 7 (Moman Badodiya)
Parsula 117.1 (16.9%) 10.64 7.38 18.02
Unit 7 (Moman Badodiya)
Fawaka 17.1 (2.9%) 0 50.32 50.32
Unit 7 (Moman Badodiya)
Chauma 45.96 (5.3%) 9.89 12.89 22.78
Unit 7 (Moman Badodiya)
Jawadi 13.86 (4.5%) 0 21.25 21.25
Unit 7 (Moman Badodiya)
Dheripal 112.61 (11.9%) 0 2.41 2.41
Unit -8 (Shajapur) Surajpur 26.75 (8.9%) 0 12.24 12.24
Unit -8 (Shajapur) Lalupura 61.34 (19.9%) 0 6.16 6.16
Unit -8 (Shajapur) Hanoti 26.75 (3.8%) Not Known49 Not known Not Known
Source: Allotment letter and Nistar Patrak provided by RUMSL
A decrease in open government land and/or the designated charnoi/charagah land will intensify the current use (and potential conflict) over the remaining resource base. Additionally, the more intense use, if not mitigated or supplemented will lead to faster depletion and put pressure on the remaining grazing land, leading to overgrazing, and in the long period will have continuing negative impacts on the livelihood of the livestock owner households.
Recommendations
The baseline and impact assessment establishes the need to better manage the remaining the remaining grazing resources, a community resource, and to also target livelihood restoration measures, aiming for synergistic actions and deployment of funds.
To that end, the recommendations set out the objectives listed below.
Objectives
The objectives of the grazing management plan are highlighted below:
Improve quality and productivity of grazing areas and relevant fodder types on pockets identified, in the remaining government land, with the permission and support of the Tehsil and in consultation with the local user community;
48 Data on land categories, including by ownership is not available in Nistar Patrak 49 Details of Nistar Partrak of Hanoti village is not available.
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As a further step, the Project may also explore fodder production through fodder lots for special/vulnerable categories focussed on specific villages;
Ensure equitable access to the newly designated grazing areas, or pockets identified for improved grazing/fodder stocks- this may include priority-access based on vulnerability, in consultation with the local communities;
Approach grazing management more broadly, to coordinate across quality improvement of the community grazing resources, livelihoods improvement/restoration, veterinary support and outreach, provisions of the IPDP, and other community investment planned by the Project.
Proposed Strategy
Fodder and grazing improvement-focussed livelihood restoration for households in the Project affected villages will be developed by an implementation partner selected, based on their knowledge and expertise in the region and on the subject matter.
The agency would be required to design a development program with components of grazing area and fodder management, market linkages ( with local dairies), veterinary support and community mobilization (SHGs/cooperatives/women’s groups/farmer groups etc), with the inclusion of livelihoods restoration and skill development, and targeting ST communities in the relevant villages.
Key elements of the strategy are suggested below, as guidance to the implementation partner to develop and finalise, based on their approach:
Grazing Land Improvement and Fodder Intensification: this entails contribution to the improvement of grazing land productivity and hence, indirectly increases income gained from livestock production. It is essential to increase the productivity of the remaining grazing land and the newly identified charnoi land in the selected villages to mitigate the reduction of grazing.
The grazing land improvement initiative may consist of some or several of the following activities:
- Collaboration with a subject matter specialist, e.g., Krishi Vigyan Kendra and animal husbandry department, for developing, promoting and extending nutritious and high yielding varieties of fodder species – grasses, legumes and trees;
- Consolations with the affected communities and those eligible for the livelihoods restoration support, to assess the feasibility of available areas in and around the village;
- Consultation with the Revenue Department, for identification and permission to use regular khasras at the village level as designated charnoi land and provide access for fodder and grazing intensification activities;
- Productivity of grazing land may be enhanced through improving the density of desirable forage species as designed by the sector specialist and implementation partner, and may include:
Removal of exotic weeds;
Encouraging natural regeneration of native tree/herbaceous species of fodder value; and
Augmentation with native species of fodder value.
Identification of New Grazing areas: The strategies will be implemented with the collaboration with the Revenue Department, for allotment of regular Khasras at the village level as designated charnoi land in consultation with local villagers;
Livelihoods Restoration: Assess and create local employment with adequate training for skills training, for the delivery of the grazing management and fodder intensification programme and provide priority employment as part of the LRP, to the eligible PAPs. Ensure inclusion of women and ST PAPs
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Veterinary Support: The Project shall explore the possibility to have an agreement with the veterinary department to avail the veterinary services and support given by the department as per the availability and running government schemes. The implementation partner could explore the feasibility of periodic camps and ongoing support through existing outreach or telemedicine.
Additional support and potential for wider coverage:
- Fodder Lot development: the sector specialist and implementation partner may consider the development of dedicated fodder lots for the identified villages to demonstrate scientific and economically viable green fodder cultivation, especially to enhance availability during the lean period. Fodder lots may be developed on private or government land, based on availability, interest and permissions. These initiatives may be longer term and though developed with the support of the Project, should be encouraged to run on a sustainable commercial model for production and sale of fodder.
.
Appendix K provides and overview of agencies that have been screened for potential implementation support /service providers for the livelihoods restoration and grazing management plan. A generic ToR for the implementation agency has also been provided in Appendix I.
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Table E.12.7 Grazing Management Plan
S. No.
GMP Action Items
Measures and Requirements Indicators to track the implementation of action
items
Indicative Budget
1. Initial Workshop
with technical
experts groups such
as fodder and dairy
experts for local
factors and best fit
strategies that have
worked in past
(workshop in
Bhopal, or other
convenient location
to ensure greater
participation of
experts)
The workshop should be conducted to explore and outline
the scope of the intervention and may cover some or more
of the aspects below:
- Enhance the productivity of grazing land by improving the density of desirable forage species;
- Explore Rotational grazing with rest periods, that allows adequate time for grass recovery; and
- Identification of implementation partners based on the previous work expertise of the partners in the grazing management.
Key lessons (risks,
opportunities) for the region
from previous programmes
Technical/knowledge
partners, and identification of
implementation partners with
regional and local knowledge
and capacities;
Potential strategies
considering Project time lines
for construction and
implementation
Agreed scope, timelines and
budget for the grazing
management plan, and
finalised ToR for the
Implementation Partner
Subsumed within RAP and
LRP administrative costs
2. Selection of
implementation
partner and
linkages with
subject matter
specialist agencies
An implementation partner having expertise with the on
ground of grazing management plan or any such plan shall
be recruited, based on the scope and ToR finalised at the
end of the Workshop;
In addition to the implementation partner, subject matter
specialist agencies may also be identified for providing
training and resources, to help the implementation partner in
finalising the implementation plans;
Selection of an
implementation partner by
RUMSL, with agreed
timelines, budget and
deliverables;
Identification of subject matter
specialist agencies as
knowledge/training resources.
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S. No.
GMP Action Items
Measures and Requirements Indicators to track the implementation of action
items
Indicative Budget
3. Workshop at District
Level conducted by
Implementation
Partner, to identify
constraints and
opportunities
Engagement with
Government
Stakeholders to
secure permissions
and use of land for
grazing
management
Determine need and priority, by Units and specific villages;
Identification of constraints, opportunities (more land in the
neighbouring village can be used by one with land
availability constraint);
Mapping allotted/allocated Charnoi/grazing land to be used
as a grazing land;
Collaborate with Revenue department for allotment of
regular khasras at village level as designated charnoi land,
for the identified villages
collaborate with Krishi Vighyan Kendra and animal
husbandry department, for developing, promoting and
extending nutritious and high yielding varieties of fodder
species – grasses, legume and trees; and
Development of a program to include grazing area
improvement and fodder intensification in designated areas;
and
Ensuring access to the identified land for grazing purpose.
Implementation Action plan
finalisation, with locations and
need assessment completed ;
Permission and agreement
with District and Tehsil level
officials facilitated by RUMSL,
(permissions supported by
accompanying land records
and maps of allotted charnoi
land/additional land); and
Case studies for examples
demonstrating success and
failure (along with lessons
learned) with cross visits of
community representatives as
confidence building, .
Subsumed within the budget
to engage the Implementation
Partner for a 2-3 year
timeframe
4. Implementation and
delivery of Grazing
Management
Fodder
Intensification
programme
While with timelines, outcomes and budget will be finalised with
the implementation partners on the basis of their proposal, the
following are likely inclusions and indicative.
Suggested components, or as agreed with implementation
partner
Development of fodder intensification programme based on
the pockets of available area, identification of new area;
Delivery on agreed outcomes.
Monitoring indicators and delivery
targets for the implementation
partner, covering the below:
Fodder resources are not
reduced, aim at
enhancements;
More equitable access,
through program priorities
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S. No.
GMP Action Items
Measures and Requirements Indicators to track the implementation of action
items
Indicative Budget
Creating fodder lots with rich and nutritious fodder with an
access system to manage cultivation, grazing
Preparation of Grazing system, with the main aim of to
develop a grazing plan and schedule that rotates animals
from grazing land and allows adequate time for grass
recovery;
Maintain the intensity, frequency, duration and season of
grazing in such a manner that the impacts to vegetative will
be positive;
Rest during the flowering to allow for regrowing of forger
plants and avoid grazing during the growing season;
Possibility of rotational grazing can be identified with the
consultation with villagers.
Provision of seeds and saplings along with products such as
fertilizers and manure through the agriculture and
horticulture department respectively
(marginal and landless
farmers, SC &ST groups and
women-headed households)
Livestock based Livelihood
restoration of identified
entities
Employment generated in
implementation of the action,
with skills training, as needed
(across agreed categories and
numbers- for women, and ST,
other social groups based on
eligbility);
Increased economic
opportunities for youth – if
surplus created
5. Veterinary Support The implementation Partner shall collaborate with animal
and husbandry department for providing veterinary support
in the identified units villages; and
Coordinating with the animal husbandry departments on
training, schemes and other possible linkages for supporting
the veterinary support.
Sustainable and need-based
veterinary support in identified
units village;
Records of number of set-up
of veterinary camps or visit of
doctors in the identified
villages;
Records of number of death of
animals due to any diseases;
and
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S. No.
GMP Action Items
Measures and Requirements Indicators to track the implementation of action
items
Indicative Budget
Improving heath and
productivity of livestock.
6. Formation of Village
level Groups Details of institutional arrangement to be developed by
Implementation partners;
In identified units village, implementation partner would form
a village-based participatory group, ensuring participation by
women, vulnerable groups- ST/SC etc;
The implementation partners will run this plan for the agreed
period and ensure adequate hand-over and exit measures to
ensure sustainability by the village level group/s.
Implementation partners may also be required to do the
monitoring for the year after their exit to ensure
sustainability.
Formation of village-level
groups for the sustainability of
the grazing management plan
Capacity to run programme is
built and an internal systems
are in place for the day-to-day
running of the activities
Hand-over to groups upon the
exit of the implementation
partner
Subsumed within the budget
to engage the Implementation
Partner for a 2-3 year
timeframe
7. Capacity building
and training support
to the village level
groups to run the
programme
Prepare a detailed implementation plan based on the
estimates of number of village level groups per training
season;
Development of IEC materials and campaigns for awareness
raising and consensus building;
For capacity building implementation partner will provide the
technical knowledge about the programme, involve the
group in the implementation phase of the program so that
they will come to know the steps involved in implementation
of programme; and
A well illustrated village level group operational manual
detailing the tools, processes and methodologies to guide
the local community to form new groups (if required) and
manage the groups’ affairs.
Implementation plan;
Training calendar and
attendance of sessions
conducted
IEC materials
Village level group operational
manual
Subsumed within the budget
to engage the Implementation
Partner for a 2-3 year
timeframe
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S. No.
GMP Action Items
Measures and Requirements Indicators to track the implementation of action
items
Indicative Budget
The training shall provide on programme dynamics, financial
management, technical assistance to run the programme
after leaving of implementation partner
Implementation arrangements
The recommended strategies and mitigation measures as part of this management plan require coordination and support across agencies and departments. The following table outlines the assessed responsibilities but will need to be updated based on the action plans of the Implementation Partner.
Actions Requirements Entity Responsible Outcomes
Appointment of
implementation
partner
The Project shall identify experienced implementation partners to design and
deliver grazing management plan’s identified strategies and mitigation measures
that are based on proven local experience;
The identified partners should experience field and management staff to effect
implementation-suggested ToR attached;
The implementation partner shall be identified based on, the following criteria:
- the proven past record of projects (minimum 2 such projects) on developing
of grazing management programmes;
- the proved past record of projects (minimum two (2) such projects) on
implementation of grazing management programmes;
- have previously work on the project affected districts (Agar and Shajapur);
and
- field workers should past experience and knowledge about grazing patterns,
fodder identification, and have a past experience record in working on such
programmes.
RUMSL Identification of an
implementation partner
or implementation
partners
Potential strategies on
implementation of
strategies and mitigation
measures
Potential strategies with
economics of partners
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Actions Requirements Entity Responsible Outcomes
Before finalization of implementation partner, the Project shall conduct a
workshop, where the experts and the implementation stage to bring their views
and suggestion for the strategies and mitigation proposed as part of this plan,
including the technical description of activities, details of costs, and an
implementation model and schedule;
Project shall appoint implementation partners for the duration of the Grazing
Management Plan, and the contract could flexibly cover (12-18 months) followed
by a 6-month exit and monitoring period, so that the ensure continuous work for
promising implementation partners;
Bidding documents should have some flexibility in the responses so that the
partners can suggest approaches, activities, and implementation models that
they are confident about successfully implementing and have used successfully
in the past, and also align with the objectives and outcomes for the Project
Land Identification The Project in collaboration with the Revenue department for identification and
allotment of regular khasras at village level as designated charnoi land; and
The land identification process shall be done in the consultation with the local
communities.
RUMSL, with District
Collector and
Tehsildar
Identification and
allotment of designated
charnoi land
Fodder Intensification
programme
The Project shall obtain the necessary permits and approvals from the require
government department for implementation of fodder intensification programme;
The Project might explore the possibility to have an agreement with the
agriculture department or Krishi Vigyan Kendra to use the available schemes
and funds to provide the high yield fodder seeds
The project shall collaborate with the Revenue Department to ensure the access
to the identified land for grazing purpose to all the groups (vulnerable and social)
in the local community.
RUMSL Fodder resources not
reduced, aim to
enhancement
More equitable access,
through program
priorities
Livelihood restoration
Creating of employment
opportunity
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Actions Requirements Entity Responsible Outcomes
Before implementation of the programme, the programme shall be disclosed to
the local communities, and the necessary update will be done as per the
suggestion given by the local communities.
Increased economic
opportunities for youth –
if surplus is created
Veterinary support The project shall explore the veterinary support through outreach, linkages and
clinics, breed based awareness, care, vaccinations etc.
The Project shall explore the possibility to have an agreement with the veterinary
department to avail the veterinary services and support given by the department
as per the availability and running government schemes.
Implementation
Partners, with
relevant departments
Veterinary Support to
the local community
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While the need for Grazing Management Plan has emerged based on an assessment of the Project impacts, the assessment of the baseline already identified that this was a stressed resource, even before taking into account the Project effects. This makes the case for a plan that is wider than just mitigation of the project impacts and covers communities beyond the directly impacted households and persons. However, the entitlements under the RAP and LRP will need to be tracked and monitored separately:
The following strategy is proposed to ensure coordinated delivery of the Grazing Management Plan, while also being able to track RAP-LRP delivery within it.
GMP Actions- Budget heads RAP-LRP Scope Additional Scope for Community Investments
Implementation Partner appointment
Responsible for RAP-LRP scope Responsible for additional community investments related actions under the Grazing Management Plan
Cost of Implementation of GMP Actions
Only for identified villages as part of RAP-LRP delivery
Other villages may be added and tracked separately, funded out of the Project Community Investments
Training and skills programme Only for PAPs entitled under the LRP
Other interested members of the villages in the Project
Veterinary support Only for PAHs covered in the villages identified in the RAP
Other livestock owning households in other Project villages, as included in the overall GMP
Development of private Fodder Lots Not applicable Included after stakeholder consultations, agreements and based on the scope agreed with the implementation partner- may include commercial scale production and sale of fodder
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Timelines for implementation
Table E.12.8 Tentative Implementation Schedule
Task
2020-21 2021-22 2022-23 2023-24
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Development of detailed Implementation Plan and Mobilization of Resources
Conduct workshop with potential technical/knowledge partners
and implementation partners
Preparation of bidding documents based on the feedback
received during the workshop
Identification of Implementation Partners
Detailed Need Assessment
Development of household level entitlement plans
Consent and Agreement of household level entitlement plan and program
by local community
Finalization of household level entitlement plan and program
Land Identification
Mapping of remaining total government land
Collaboration of revenue department for allotment of regular
khasras as designated charnoi land
Consultation with local community and feasibility check in
respect which land shall be used as a grazing land
Allotment of new designated charnoi land
Implementation of Mitigation Strategies
Fodder Intensification programme
Development of Fodder Lots
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Task
2020-21 2021-22 2022-23 2023-24
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Veterinary Support
Formation of village level groups
Formation of village level groups
Reporting and Monitoring
Regular reporting by Implementation Partners to the Project
Liaison team
External Monitoring by Independent Agency
GMP Completion Audit
Handover of programme to village level groups
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APPENDIX F COMPARISON BETWEEN REPLACMENT COST AS PER IFC PS AND MP MARKET VALUATION RATES FOR TREES
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This Appendix provides a comparison between the replacement cost for fruit and timber trees in keeping with the principles of full replacement cost and the rates identified in MP Market Valuation Provision 2020-2021.
Fruit Trees
“Good practice indicates that compensation be based on the value of the harvests lost until the (real of hypothetical replacement) tree” obtains a level of production equivalent to that of the lost tree.
For fruit trees, the specific formula used to calculate IFC-compliant compensation rates based on Full Replacement Cost is as follows:
Full Replacement Cost = [(A and B) + C] + D
Where:
A = Value of Lost Production*
B = Number of years it takes until production equal to the production lost is re-established
C = Costs associated with re-establishing the tree
D = Residual Value of wood from the tree (set a 3% or 5% depending upon the tree)
NOTE:
The “Value of the Lost Production” is the interplay between the Age Category of the tree at the time it was recorded during the Asset Inventory; the expected Yield given the age of the tree; and the Market Price for the products produced by the tree that are used/marketed by the Owner and/or Users of the tree. At the time of the Asset Inventory, each fruit tree was classified into one of 4 different categories depending on the age of the tree, as follows:
SAPLING = < 12 months
YOUNG NON-PRODUCTIVE = 12 months to initiation of production
YOUNG PRODUCTIVE = initiation of production to full production
MATURE = full production (5 years and above)
As can be seen from the table below, there are significant differences across the indicative compensation rates and market valuation provisions.
Table E.12.9 Indicative Rates for Fruit Trees
Fruit Tree Species Indicative Compensation Per Unit (INR) Market Valuation
Provisions, 2020-
2021
Young Non
Productive
Young
Productive
Mature
Ber 60,000 90,000 1,20,000 Fruit trees with
a girth of 45
cm and above
is INR 10,000;
Fruit trees with
a girth less
than 45 cm
can be
provided INR
3,000;
Guava 8,500 12,750 17,000
Orange 28,000 42,000 56,000
Mango 1,26,000 1,89,000 2,52,000
Nutmeg 8,500 12,750 17,000
Pomegranate 17,000 25,500 34,000
Custard Apple 8,500 12,750 17,000
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Fruit Tree Species Indicative Compensation Per Unit (INR) Market Valuation
Provisions, 2020-
2021
Young Non
Productive
Young
Productive
Mature
No specific
maturity
considerations
made
Therefore, for
any fruit trees
not valuated,
the above
provisions will
be used
For saplings, instead of a monetary compensation, 2 saplings of a local variety of mango will be offerred in lieu of an impacted sapling.
Timber Trees
For Timber trees, the specific formula used to calculate IFC-compliant compensation rates based on Full Replacement Cost is as follows:
Full Replacement Cost for Timber Trees = (A x B) + C
Where:
A = Volume of wood in cubic feet (ft. 3) -
B = Market Price per Unit of cubic feet of wood (INR/ft.3)
C = Residual Value (fixed at 5%): (A x B)*0.05
NOTE:
Variable A, the Volume of wood in ft3, is calculated by measuring both the diameter of the truck at chest height, and the total height of the tree. Depending on the variety of tree, it can then be classified into 1, 2, or 3 categories depending on the volume of wood produced, with a unique valuation rate for each category;
Variable B, the Market Price for wood, is determined basis available Forest Department and Horticulture Rates.
MP Market Valuation Provisions (2020-2021) specify the following rates for timber trees dependent on an estimated volume based on the girth of 45 cm or more:
Sagun – INR 50,000;
Sal/Sheesham/Saja/Other Timber used for building construction – INR 10,000
Miscellaneous timber trees – INR 5,000
Timber trees less than 45 cm girth – INR 3,000.
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Table E.12.10 Timber Tree Indicative Rates
Type of Timber
Tree Species
Indicative
Volume
(cubic
feet) - A
Market
Price
of
Wood
(per
cubic
feet) -
B
Residual
Value
(0.05*A*B)
- C
Indicative
Amount
per tree
of similar
volume
“(A*B)+C”
Comparative Rate as per MP Market
Value Provisions
Arrand 34.84 86.11 150.004 3,150.08 Guidance values for trees as follows: More than 45 cm girth:
o Sagun – 50,000 o Sal/Sheesham/Saja/Other
Timber used for building construction – 10,000
o Mixed trees – 5,000
Less than 45 cm girth: 3,000
Babul 34.84 86.11 150.004 3,150.08
Bade Ber 1.16 1293.1 75.000 1,575.00
Bakain 5.8 1034.48 299.999 6,299.98
Ber 1.16 1293.1 75.000 1,575.00
Imli 1.74 4741.38 412.500 8,662.50
Jungli Kikkar 1.74 3,017 262.500 5,512.50
Khejdi 2.3 3043.48 350.000 7,350.00
Mango 5.8 4310.34 1249.999 26,249.97
Mahua 3.48 8620.69 1500.000 31,500.00
Neem 4.64 1293.1 299.999 6,299.98
Palash 4.64 1293.1 299.999 6,299.98
Ram Babul 34.84 86.11 150.004 3,150.08
Sheesham 1.16 21,552 1250.000 26,249.99
Khajur
Not for
sale
Kummtha
Not for
sale - - -
Peepal 9.3 645.16 299.999 6,299.99
Tendu Not for
sale - - -
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APPENDIX G GOVERNMENT HOUSING SCHEMES
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DIFFERENT GOVERNMENT HOUSING SCHEMES AVAILABLE
This section provides a brief understanding of the housing schemes available at the Central or State level which may be partnered with for the purpose of resettling the physically displaced PAHs.
Pradhan Mantri Awas Yojana- Grameen50
Pradhan Mantri Awas Yojana – Gramin (PMAYG), earlier known as Indira Awaas Yojana (IAY), is a scheme for rural housing by the Indian Government. This social welfare program was initiated to meet the objectives of the “Housing for All” scheme by the year 2022. The structures built under this scheme are typically 25 square-meter (269.1 sq. ft) pucca houses including basic amenities, with a low cost disaster resilient design keeping in mind the socio-cultural and geo-climatic factors.
Some of the key features of the PMAYG scheme are as follows:
The construction cost of the houses will be shared in a 60:40 ratio between the Central and State governments in plain areas, i.e. Rs.1.20 lakh of assistance for each unit.
Beneficiaries are provided a sum of Rs.90.95 per day of unskilled labor from MGNREGS.
Houses built under this scheme will focus on quality construction by employing skilled masons who can provide good design and local materials
Beneficiaries are selected using parameters from the Socio-Economic and Caste Census (SECC) and verified by Gram Sabhas.
The PMAY Gramin scheme is associated with other central government schemes such as Swachh Bharat Mission Gramin (SBMG) through which, the assistance of up to Rs.12,000 for the construction of toilets will be provided in collaboration with MGNREGS or other schemes.
Payments are made electronically directly to the beneficiary’s Aadhar linked bank accounts or post office accounts
Beneficiaries who wish to avail of a loan under this scheme will be facilitated to get monetary assistance of up to Rs. 70,000 from a lending institution
The criteria for eligibility under the PMAY-G scheme are as follows:
Families who do not have their own houses or houses that have zero, one, or maximum two rooms with a kutcha wall and roof.
Households that do not have a literate adult above 25 years of age
Households without an adult male member between 16 and 59 years of age
Households without any adult member aged between 16 and 59 years
Families without any physically disabled members and with a disabled member
Landless candidates who are earning income from casual labour
Scheduled Caste (SC), Scheduled Tribe (ST), and Minorities
For the purpose of accessing eligibility and priority, the government is reported to focus on the beneficiaries with the worst living conditions and use the Socio-Economic and Caste Census Data of 2011 for the same. Furthermore, if someone who has a motorized two, three or four-wheeler vehicle, agricultural equipment, or even a fishing boat, they will be excluded from availing the benefits of this scheme. The following other exclusions are identified
The individual has a Kisan Credit Card with a spending limit of more than or equal to Rs.50,000
A member of the family is a government employee with an income of more than Rs.10,000 per month
50 https://groww.in/p/savings-schemes/pradhan-mantri-gramin-awaas-yojana/
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A household that has a member who is paying professional or income tax
Families having a landline connection or own a refrigerator
Chief Minister’s Rural Housing Mission; Madhya Pradesh51
The Chief Minister’s Rural Housing Mission or CM Gramin Awas Mission was launched on 25th June 2015 to facilitate housing to rural poor. The Scheme covers APL/BPL households in rural areas having a total annual income of INR 1.25 lakh. The scheme also allows for pattas to be allotted for constructing the houses. The scheme facilitates the construction of houses at a total cost of INR 70,000. Of this amount, INR 10,000 is contributed by the beneficiary, INR 30,000 is given as subsidy and a long term loan of INR 30,000 is arranged from the banks.
Figure G.0-1 Schematic Representation of MMGAM Scheme
The following key stakeholders are involved in the process:
Beneficiaries
MMGAM State Headquarters
District Project Implementation Units
Block Project Implementation Units
Survey Engineers
Gram Panchayat
Banks extending loans
51 Chief Minister’s Rural Housing Mission, Madhya Pradesh: Implementation Guidelines and User Manual , Accessed on 17th October 2020, URL: http://mmgam.mp.nic.in/Public/pdf/User_manual.pdf
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APPENDIX H TOR FOR RESETTLEMENT IMPLEMENTATION CONSULTANT
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Objective
The objective of the assignment is to implement the specific entitlements identified in the RAP &LRP, in keeping with the Resettlement and Livelihood Restoration principles identified and the applicable reference framework. The RAP&LRP serves as a management plan with the objective of documenting all the avoidance and/or minimization of any adverse involuntary resettlement and livelihood impacts and to put in place principles; entitlements and compensations as mitigation measures for impacts that cannot be avoided.
Applicable Reference Framework
The RAP&LRP implementation is to be informed based on the provisions of the following applicable reference framework:
1. Key regulations and policies that govern private land procurement and government land allotment for the 1500 MW project:
a. Madhya Pradesh Land Revenue Code, 1959 (as amended in 2018);
b. MP Mutual Consent based Land Purchase Policy, 2014;
c. Madhya Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015
2. Key regulations and policies that govern right of way procurement for the transmission lines:
a. Section 10 and 16 of the Indian Telegraph Act, 1885;
b. Sections 67 and 68 of the Electricity Act, 2003; and
c. Guidelines on Payment of Compensation for the Right of Way (RoW) for transmission lines, Ministry of Power, October 201552
3. Other associated regulations and policies:
a. Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam (Patta), 1984;
b. Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000; and
c. Madhya Pradesh Solar Policy, 2012;
4. Indicative resettlement policy framework (RPF) proposed as a part of the Environmental and Social Management Plan Framework (ESMF), 2017 which includes provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, 2013; and
5. Relevant International Standards:
a. World Bank Group’s Operational Policy 4.12 , dated December 2001 and revised in 2013;
b. IFC Performance Standards (2012).
Scope of Work
The scope of work for the assignment is to implement the contents of the RAP &LRP developed, in keeping with the high level implementation steps identified in the RAP &LRP. The specific tasks to be undertaken include the following.
52 https://powermin.nic.in/sites/default/files/uploads/Guidelines_for_payment_of_compensation_towards_damages_in_regard.pdf
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Disclose the final RAP&LRP to the PAHs and other concerned stakeholder groups at the village level in keeping with the SEP and GRM for the project;
Review and update as necessary (the RAP &LRP implementation plan based on the project status and land procurement context at the time of assignment initiation, feedback from the PAHs during disclosure and in coordination with the other management plans prepared for the project
Undertake Land and Asset surveys and household surveys for any land parcels and PAHs who could not be undertaken at the time of RAP-LRP preparation and update the database with the requisite information
Update the SEP-GRM prepared as part of the ESIA-ESMP into a consolidated Stakeholder Engagement and Community Outreach Plan (SECOP) which will form the guidance for all RAP & LRP implementation activities.
Put in place a Support Services team at the project level as required with the necessary incorporation of specialists across gender, livelihoods and community development, including an agent; to engage with affected households and communities for advice on financial and legal matters as well as financial literacy and NGOs/CSOs for implementation of livelihood restoration initiatives and grazing management plan identified;
Ensure regular close coordination with the RUMSL’s land procurement team, and other implementation partners and government agencies for the land procurement process and RAP&LRP implementation;
Organize a workshop with the RUMSL’s E&S team, and other implementation partners and government agencies for an understanding and agreement on the RAP&LRP in terms of the following
- The Applicable Reference Framework
- The Principles of Resettlement and Rehabilitation
- Entitlement Matrix
- Process of Implementation
- Coordination and Interface across various agencies
A follow up workshop will be held with the stakeholders to agree upon detailed arrangements for payments, the documentation needed to make payments, need for providing financial literacy training to the PAHs and other details which would allow the payments for both formal and informal users to be undertaken in a similar manner, , in keeping with the principles of the RAP&LRP.
Develop a detailed implementation schedule in MS Project or equivalent format to align with overall project timelines and identify critical path items and milestones around compensation agreements, land procurement, resettlement and commencement of livelihood restoration activities.
Establish and regularly maintain and update a resettlement database in the form of an information management system. This database shall include the data collected through the HH survey and land and asset survey, geo-referenced khasra maps and village maps, finalized project boundary data and add additional data as part of the land procurement process. This database will have the ability to use georeferenced base maps; register distinct stakeholders and their profiles and link a field identification denomination (ID) to a land and asset ID and a socio-economic survey household ID. The database is to include information of project affected households, land and asset impacts and longer-term monitoring. The household ID shall be used as a common feature to link land and asset, photography and videography information (where applicable) to enable preparation of compensation agreements. This database will maintain a copy of the photo identification proof available with the PAH
Develop detailed sub-activity plans for each of the components identified in the RAP &LRP
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Put in place a SoP for the household level agreement and payment procedure for the informal users to be impacted. Sign household level agreements with informal users being impacted by the project, similar to the Bhoomi Kray Prastav under the MP Consent Based Land Purchase Policy 2014 for private and patta land owners.
Once the individual household level agreements are prepared and signed, digital copies of the signed plans and the specific entitlements agreed upon will be updated and maintained in the database.
Upon completion of land procurement update the PAH and PAP data base, collating the following information:
- all households (PAHs) directly impacted by the Project and the immovable assets associated with each;
- Specific impacts on vulnerable social groups;
A GIS based database exists of the optimized project boundary, khasra and village boundaries along with the E&S sensitivities identified and the location of the surveys undertaken for RAP&LRP preparation. This database will be used as reference points for discussions during site and ensuring all immovable assets are surveyed. These maps will be available with the IA team through the ArcGIS Collector application. The IA team will visit identified parcels (for confirmation in case of previously identified land or fresh survey for newly identified parcels) in order to collect the following information in keeping with the provisions of the MP Consent-based Land Purchase Policy (2014)
- Confirmation of status of land ownership and documentation of any users on the land. For this purpose, the list prepared as part of the RAP&LRP will be used as the starting point;
- Type of land category, land use,
- GPS demarcation of any sub-division in the fields;
- Type of fixed assets (including standing crops, trees and any non-residential structures/immovable assets);
- Type of residential and/or commercial structures and their dimensions along with material-type, etc.
Undertake a census survey for any new PAHs including the three villages not surveyed in Agar) identified to be directly impacted by any new land requirement for the project. For this purpose, the tools used for the development of the RAP&LRP will be used, in order to ensure continuity.
Sign household level agreements with informal users being impacted by the project, similar to the Bhoomi Kray Prastav under the MP Consent Based Land Purchase Policy 2014 for private and patta land owners.
Once the individual household level agreements are prepared and signed, digital copies of the signed plans and the specific entitlements agreed upon will be updated and maintained in the database.
In the event that informal users PAHs do not have identification, assist the PAE in obtaining a photo identity and placing this in the data base/electronic file with head and shoulder photograph, so that compensation can be paid.
Communicate and explain to the PAHs how they will be paid, based upon agreements with RUMSL and the government departments. This may be done through:
- Organize presentations, explanations and registrations for bank accounts
- Advise PAHs on pros and cons of forms of payments and to agree which method will be used; and
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- ensure the PAH (including women) understand that the three-month notice to vacate premises or give up an asset begins at the time of payment. Similarly, the PAH has to be enrolled in and have started the livelihood restoration programme and support before the notice period can start.
Provide payment lists with required documentation for those informal users PAHs whose payments will have been completed and verified based on field work and checking of the entitlement plan. This includes Case identity, PAH name, amount already paid, amounts owed, and form of payment to be used. Includes dossier with a photocopy or photograph of the PAE photo identity (Aadhaar card, voter ID card, driver’s license, passport etc.), Household Agreement and any verification of land ownership/use.
bring to RUMSL’s attention any situation where the PAE cannot be compensated prior to clearance of the land or right of way. Special procedures in such very rare cases where PAE cannot be paid prior to land clearance will be necessary in accordance with PS5 Paragraph 9, Footnote 14. Work with RUMSL to establish special procedures as required.
ensure the overall implementation of the specific Livelihood Restoration entitlements put in place as part of the RAP &LRP
regularly monitor and update RUMSL on the SPD and contractor performance on local employment;
properly document each training and support provided and the engagement with the PAHs and submit the same on a regular basis to RUMSL in keeping with the reporting timelines identified in the RAP& LRP.
Ensure that there is no involvement of any intermediaries during the land procurement process (ongoing)
12.7.1.3 Obtain Identifying Documentation if Informal Users Have None
The list of informal users PAHs will be verified by the RUMSL E&S team at the time of the finalization of the project footprint. As part of the PAH database, the IA shall maintain a copy of the photo identification proof available with the PAH. In the event that informal users PAHs do not have identification, the IA will be responsible for assisting the PAE in obtaining a photo identity and placing this in the data base/electronic file with head and shoulder photograph, submitted to the FA so that compensation can be paid.
12.7.1.4 Communication and Explanation of Methods of Payments to PAHs
The IA will be responsible for communicating and explaining to informal users PAHs how they will be paid, based upon agreements with RUMSL and the government departments. At a minimum the IA will carry out these activities:
Organize presentations, explanations and registrations for bank accounts
PAHs (informal users) to be advised on pros and cons of forms of payments and to agree which method will be used; and
RIC to ensure the PAH (including women) understand that the three-month notice to vacate premises or give up an asset begins at the time of payment. Similarly, the PAH has to be enrolled in and have started the livelihood restoration programme and support before the notice period can start.
12.7.1.5 Preparation of Payment Lists and Documentation of Payments
The tracking of the payments for private and patta land owners PAHs will be done by the concerned government departments. The IA will be responsible for providing payment lists for those informal users PAHs whose payments will have been completed and verified based on field work and checking
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of the Household Level Entitlement Plans (HEP). These lists will have to be prepared and submitted in accordance with the schedule for roll-out of construction works, such that payment will have been made and resettlement achieved prior to initiation of construction in accordance with IFC PS5. The following is a list of illustrative activities will be undertaken for the payment of compensation to informal users impacted:
Payment lists from IA to RUMSL with required documentation – Case identity, PAH name, amount already paid, amounts owed, and form of payment to be used. Includes dossier with a photocopy or photograph of the PAE photo identity (Aadhaar card, voter ID card, driver’s license, passport etc.), Household Agreement and any verification of land ownership/use
It is common that payment lists contain spelling errors, particularly of names, wrong citation of identity numbers and wrong numbers for Bank accounts or similar errors. The IA will establish systems to minimize wrong spellings/duplications of names, spellings that do not match identities, errors in PAH identity numbers or other errors in PAH case numbers and the like. The IA may seek assistance and guidance from the RUMSL E&S team for the same
IA to batch lists and payments by area as soon as a group of agreements are ready; to authorize the writing of cheques and making deposits. All payments will be approved by RUMSL;
IA will call PAEs to designated locations within the villages to receive and sign payment documents in line with the process agreed upon with the PAHs during the disclosure process.
IA will require signed documents with declarations of receipt and photo with PAE identity number and language saying PAE has been fully paid, will not request additional payments, is entered on a livelihood restoration strategy where appropriate and holds RUMSL harmless (RUMSL Legal team, to provide approved language).
IA will emphasize that the notice to vacate premises or give up the asset begins after relocation has been achieved and livelihood restoration is in place and ongoing where structures and livelihoods have been lost. The one-month notice period at time of payment only applies to cash compensation for losses that do not have the potential to impoverish the PAE, the IA will monitor this.
IA will document those who are no-shows for payments and follow-up with up to three visits per PAH to find the missing PAE or contact them through formal letters/ telephone calls. Any unclaimed payments are required to be held in the District escrow account for the project for the absentee claimant to claim when next in the District
IA will provide assistance to vulnerable people to access the banks, if needed through the FA
IA will keep track of status of payment lists (and status of payment, in process, returned for re-processing, paid, unpaid because PAE absent), etc. in the IMS.
The IA will prepare a chart and guidance for its staff and for RUMSL to document the procedure for payments and the tracking systems.
Deliverables
Records of all engagement activities being undertaken with external stakeholders
Detailed implementation schedule, resettlement database and sub-activity plans
SoP for household level agreement and payment procedure for informal users
Results of the Census survey of the new PAHs
Weekly reports with status of RAP &LRP implementation
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APPENDIX I TOR FOR IMPLEMENTATION PARTNERS (GENERIC)
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TOR FOR IMPLEMENTATION AGENCIES TO SUPPORT RUMSL AND RIC
General Objectives of the Assignment
The current ToR aims to engage the services of a competent NGO/community-based organization/semi-government entity (or similar) to assist RUMSL and the RIC in the implementation of specific components and/or interventions envisaged as part of the Grazing Management Plan (GMP), Gender Mainstreaming Initiatives, Livelihood Restoration Plan (LRP), Housing Design and any other discrete components or activities for the Project. The organization’s assignment is to ensure timely, appropriate and comprehensive implementation of the discrete components that will be specified as part of the above management plans and in compliance with applicable of both legal, and the World Bank’s OP. 4.12, OP 4.10 and IFC’s Performance Standards (2012).
The organization will be referred to as Implementation Partner in the following ToR.
The implementation partner will report to the RIC and to RUMSL and will be expected to undertake all activities in accordance to the finalized scope of work, reference framework and all labour, COVID-19 and gender-sensitive safeguards identified as part of the Environmental and Social Management Plan with respect to contractual obligations.
The implementation partner will closely work with RUMSL’s and the RIC and will cooperate with the respective local government authorities identified for successful implementation of above stated management plan or discrete components of the activity or the activity as a whole.
Implementation Partner Profile
The implementation partner is expected to comprise a team of members who have prior experience of working in the relevant implementation project and have experience in working in the state of Madhya Pradesh.
The following competences and expertise are required to conduct the assignment:
Technical expertise in developing, supporting and the practical implementation of activity;
Experience of working vulnerable group of the society especially with women and tribal people;
Experience of addressing gender disparities and discrimination issues and gender based violence risks in project;
Strong credentials and internal human resource policies on gender diversity and social inclusion;
The implementation partner shall have capacity to implement and compliance with the applicable labor regulations53, and laws on gender-based violence; and
Experience in conducting meaningful consultation and engagement with vulnerable stakeholders who have limited resources or participate in such activities.
Scope of Work
It is expected that under this assignment, the following specific scope of work drawn for the activity and for the discrete component of activities shall be achieved:
Finalizing the scope of the above stated initiative within the assigned management plan or discrete interventions and/or the activity as a whole;
53 The key labor regulations are: Workmen Compensation Act, 1923; Employees P.F. and Miscellaneous Provision Act, 1952; Maternity Benefit Act, 1951; Contract Labour (Regulation and Abolition) Act, 1970; Minimum Wages Act, 1936; Payment of Wages Act, 1936; Equal Remuneration Act, 1979; Industrial Disputes Act, 1947; Child Labour (Prohibition and Regulation) Act, 1986; Trade Union Act, 1926; and Inter-state migrant workmen’s (Regulation of Employment and Conditions of Service) Act, 1979. Ongoing stakeholder engagement as per provisions of the existing Stakeholder Engagement Plan (SEP) prepared as part of RAP;
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Implementation partner will work in close coordination with RUMSL and RIC in carrying out the discrete components of the activity or the activity as a whole;
Undertake preliminary reconnaissance of the project sites in order to target the intervention/activity basis consultations;
Prepare a detailed implementation plan/activity plan with timeline for ensuring the timely and objective specific implementation of discrete component or the activity as a whole. If requires prepare a separate implementation plan for each of the discrete component of the activity;
Prepare a stakeholder engagement plan (SEP) aligned to the RIC’s SECOP to identify the specific target audience to the discrete component of the activity or the activity as a whole;
Confirming the implementation plan/activity plan, timelines and target stakeholders in consultation with RUMSL and RIC;
The Implementation Partner shall prepare all necessary information for the final implementation plan of the discrete components of the activity or the activity as a whole and present this in the format of a SOP for the implementation of activity, including provisions for enrolling vulnerable households;
Obtain the necessary permits/permission and documents required for implementation of the discrete component of the activity or the activity from the government department;
Collaboration with specific government department required for implementation of discrete component of the activity or the activity as a whole;
As part of SEP conduct meeting to all identified stakeholders on implementation commencement, ensuring the local community and PAP understating of all procedures and issues pertained to the discrete component of the activity or the activity implementation;
Conduct the training and development of IEC material and campaign for awareness raising and consensus building amongst the identified stakeholders;
Implementation Partner will provide the technical knowledge through training about the discrete components of activity or about the activity as a whole to the appointed/involved staffs, so that they should be well informed about the steps involved in implementation;
Implementation partner would form village based participatory groups, ensuring participation by women, vulnerable groups- ST/SC. Further, shall prepare a village level group operational manual detailing the tools, processes and methodologies to guide the local community to form new groups (if required) and manage group(s)’s affair;
The Implementation partner will run the implantation plan for the agreed period and ensure adequate hand-over and exit measures to ensure sustainability by the village level group(s).
As required/agreed, Implementation partner may also be required to do the monitoring for the year after its exit to ensure sustainability;
The Implementation Partner shall assist the PAPs/PAHs to establish linkages with Government departments, district administration, etc., and ensure that the PAPs/PAHs are included in the development schemes, as applicable especially with reference to vulnerable groups. Such schemes may include but not limited to social protection scheme, schemes for women, housing schemes, agriculture intensify and productivity enhance scheme, water infrastructure development scheme, schemes for physically challenged persons etc.
Develop an internal monitoring plan for activity implementation and completion and undertake frequent monitoring.
Implementation Partner Team
The Implementation partner shall depute a qualified and suitable team to undertake the assignment and demonstrate in its proposal that the respective team has the required expertise and skills to
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successfully perform the tasks assigned for implementation of the activities under the supervision of RUMSL and the RIC.
In addition, in order to efficiently proceed with implementation planning, the Implementation Partner shall in its proposal present a team structure – and staffing plan for implementation of discrete component of activity or the activity as a whole..
The team structure and staffing plan shall provide a detailed description of tasks and responsibilities for all team members as well as the key reporting lines during the implementation process. In addition, communication, communication lines and routines with the other implementation partners (selected for separate activities) as well as with the RUMSL and Resettlement Implementation Consultant (RIC) during the implementation of discrete components of the activity or activity as a whole, have to be outlined in the Proposal.
Key Deliverables
Reports will be submitted to RUMSL. All supporting documents such as photographs, video graphs, primary and secondary information collected, etc., taken during the assignment shall be submitted in support of the reports, along with an electronic copy of the documents. The following deliverables has to be submitted:
Inception Report;
Implementation Plan/Activity Plan for the identified intervention;
Monthly and Quarterly work plan;
Monthly and Quarterly Progress Report;
Draft Completion Report;
Final Completion Report.
Partners need to add in the Proposal
The following documents need to be showcased by Partners at their proposal:
Experience of technical expertise in developing and/or supporting such activities;
Experience of Projects of working with vulnerable groups;
Experience of Projects showcasing work on addressing gender disparities and discrimination issues and gender based violence risk;
Sample of credential and/or internal human resource policies on gender diversity and social inclusion;
Experience of project showcasing consultation and engagement with vulnerable stakeholders;
Details of team composition with curriculum vitae of the team;
Proposed budget for undertaking activity.
Appendices A: RUMSL will need to add the following to the ToR:
Project Profile;
Specific scope of the support envisaged and reference of the respective management plan;
Contractor obligations under the ESMP on COVID-19, health & safety, gender and gender-based violence and SEP-GRM.
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APPENDIX J TOR FOR MONITORING AND EVALUATION
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EXTERNAL MONITORING FOR RAP &LRP IMPLEMENTATION
Objective
The objective of the assignment is to regularly monitor the implementation of the specific entitlements identified in the RAP &LRP, in keeping with the Resettlement and Livelihood Restoration principles identified and the applicable reference framework. The RAP & LRP serves as a management plan with the objective of documenting all the avoidance and/or minimization of any adverse involuntary resettlement and livelihood impacts and to put in place principles; entitlements and compensations as mitigation measures for impacts that cannot be avoided.
Applicable Reference Framework
The RAP&LRP implementation monitoring is to be informed based on the provisions of the following applicable reference framework:
6. Key regulations and policies that govern private land procurement and government land allotment for the 1500 MW project:
a. Madhya Pradesh Land Revenue Code, 1959 (as amended in 2018);
b. MP Mutual Consent based Land Purchase Policy, 2014;
c. Madhya Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015
7. Key regulations and policies that govern right of way procurement for the transmission lines:
a. Section 10 and 16 of the Indian Telegraph Act, 1885;
b. Sections 67 and 68 of the Electricity Act, 2003; and
c. Guidelines on Payment of Compensation for the Right of Way (RoW) for transmission lines, Ministry of Power, October 201554
8. Other associated regulations and policies:
a. Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam (Patta), 1984;
b. Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam, 2000; and
c. Madhya Pradesh Solar Policy, 2012;
9. Indicative resettlement policy framework (RPF) proposed as a part of the Environmental and Social Management Plan Framework (ESMF), 2017 which includes provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, 2013; and
10. Relevant International Standards:
a. World Bank Group’s Operational Policy 4.12 , dated December 2001 and revised in 2013;
b. IFC Performance Standards (2012).
54 https://powermin.nic.in/sites/default/files/uploads/Guidelines_for_payment_of_compensation_towards_damages_in_regard.pdf
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Scope of Work
Review and verify the progress in implementing the RAP&LRP through the monitoring information internally generated on a monthly basis by RUMSL’s E&S team and the IA engaged. This will be done in keeping with the monitoring indicators identified in the RAP&LRP and finalized in discussion with the RIC and RUMSL ;
Monitor the effectiveness and efficiency of the implementation partners engaged by RUMSL;
Assess whether the key resettlement plan principles, particularly the restoration or enhancement of the housing and livelihoods of all displaced persons and the living standards of affected entities have been met;
Ascertain the implementation of key process elements that include extension of socio-economic survey, finalising household level agreements, payment of compensation and enumeration and enrolment for livelihood programs;
Assess the effectiveness of the grievance redressal mechanisms and verify 10% of the cases that are presently closed and live in RUMSL’s system
The external consultant will involve the affected persons and community groups in assessing overall stakeholder engagement, transparency of the resettlement process and any other concerns;
Assess the effectiveness and results achieved by the livelihood restoration program across different categories of impacted entities provided in the Entitlement Matrix;
Verification of the safeguards made available to vulnerable groups (including identification) and gender development;
Undertake consultations with key government authorities involved with RAP&LRP implementation to obtain their feedback on any challenges, constraints and on the project’s overall performance or resources put in place;
Assessment of the adequacy of the implementation and monitoring of the RP and other social risks, including:
- Adequacy of the IA team
- Clear allocation of responsibilities
- Identification of gaps based on internal monitoring and implementing corrective actions;
- Adequate documentation of the process (including the initial process elements for the entitlement disbursement process).
Undertake a mid-term audit within one year from commencement of implementation that will identify any course corrections required in the RAP-LRP in accordance with the applicable reference framework
Undertake a completion audit that will establish whether the RAP&LRP has been successfully implementation in accordance with the applicable reference framework
Deliverables
The monitoring consultant will be required to submit regular reports through the RAP&LRP implementation. The frequency of these reports will be quarterly in the initial stages of the implementation, and once the same is stable, the frequency will be revised to bi-annual, in consultation with RUMSL. Each external monitoring report will cover, among other aspects:
Verification of the Outcome/Impact generation monitoring in keeping with the indicators identified in the RAP &LRP;
RAP&LRP objectives and their status;
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Impacts on vulnerable social groups and vulnerable households;
Adequacy of gender-mainstreaming, stakeholder engagement and grievance redressal;
Review of socio-economic conditions and living standards of land users after resettlement;
Potential legacy issues and risks identified through the risk register that may need to be tracked and monitored;
Review of any data collected by RUMSL and its IA through consultations with the affected community;
Review of level of income of resettled households after implementation of livelihood restoration measures;
Review of the implementation and delivery of entitlements;
Assessment of the adequacy of compensation;
Review the payment and use of the fund given for the procurement of land; and
Actions required and timelines along with responsibilities.
Upon the completion of the RAP&LRP implementation, the monitoring agency will be expected to be submit a completion audit report.
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APPENDIX K SCREENING OF POTENTIAL IMPLEMENTATION PARTNERS
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S.
No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
1. Foundation
for
Ecological
Security
(FES)
National Level
NGO
FES works towards conservation of nature and
natural resources through collective action of local
communities. The crux of FES efforts lies in locating
forests and other natural resources within the
prevailing economic, social and ecological dynamics
in rural landscape.
Source: https://fes.org.in/ (accessed on March 25,
2021)
https://fes.org.in/c
ontact.php link
with contact
details of the
organisation
Yes, worked in
Agar, Shajapur and
Ujjain District
Conservation of common land on the basin
of Lakhundar, Garhganga and Kalisindh
rivers.
The Agar Project is located in the catchment
area of the River Lakhundar. Spread over the
districts of Shajapur and Ujjain, the landscape
is marked by small, staggered hillocks and
narrow valleys. The area is part of the Malwa
plateau famous for the draught breed of cattle
called 'Malwi'. While the forest area comprises
a mere 1%, common lands occupy 25% of the
area and support the fodder and grazing needs
of the livestock-dependent local communities.
FES is working in the region since 1996.
Currently, FES is engaged with 59 village
institutions that protect and managed 7,603
hectares of common land. Measures to
conserve soil and water, and to protect
common lands by improved grass cover and
growth of natural rootstock of tree species,
have improved the availability of fodder, fuel
wood and Karonda fruit, which are an important
source of livelihood for the poor.
Source: https://fes.org.in/studies/landscapes-
restoration-of-commons-project-areas-across-
india-2019.pdf (accessed on March 25, 2021)
2. BAIF
Developme
National Level
NGO
BAIF is a national level NGO established in 1967 to
promote sustainable livelihood in Rural India.
https://baif.org.in/c
ontact-us/ link with
Yes, however, the
organisation has
Livestock Development
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
nt Research
Foundation
BAIF is committed to provide sustainable livelihood
to the rural poor through climate-resilient agriculture,
management of natural resources, livestock
development, watershed development and agri-
horti-forestry as major income generation activities.
BAIF has evolved innovative models of micro-
enterprises to ensure inclusive development through
dairy husbandry, goat production, agri-horti-forestry
and sustainable agricultural production for food
security and poverty alleviation. Formation of
Producers’ Groups, Empowerment of women and
environmental sustainability cut across all these
programmes.
Source: https://baif.org.in/who-we-are/overview
(accessed on March 25, 2021)
contact details of
the organisation
not worked in
Neemuch, Agar or
Shajapur
The Programme worked for improving dairy
animals number and production. Livestock
development was the first step in fulfilling the
mission of gainful self-employment and
sustainable livelihood for the rural population as
it could positively impact millions of farming
households in the country.
The strategy for meeting this goal involved
producing a superior progeny by breeding local
non-descript cattle with semen from home-born
bulls of gigh genetic merit and then back-
crossing the crossbreeds with the Indian dairy
cattle breeds.
The number of artificial inseminations done on
a pan India level during 2018-19 was over 4.5
million covering over 80,000 villages in 13
states of India.
Tree-based farming systems
The program was initiated with an objective of
providing:
sustainable livelihood, facilitated by
climate resilient and sustainable agro-horti
models;
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Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
holistic tree based farming system that
would ensure food security and gainful
self-employment.
The core model of the program involved
converting the degraded land owned by tribal
families into a productive asset through
plantation of fruit trees, inter-crops,
multipurpose forestry tree species along the
agriculture field borders.
Water Centric Livelihood
Water resource development projects have
been implemented to promote food security,
contribute to poverty alleviation, increase
employment opportunities and promote
people’s welfare.
The key scope of the program is:
Participatory resource mapping of existing
and potential water sources;
Identifying locations for development of
water sources;
Introducing measures for water
conveyance and usage;
Water budgeting and planning for crop
cultivation.
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Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
Source: https://baif.org.in/what-we-
do/programme-coverage/ (accessed on March
25, 2021)
3. Krishi
Vigyan
Kendra
Government
Agency
A Krishi Vigyan Kendra (KVK) is an agricultural
extension centre in India. Usually associated with a
local agricultural university. For ex. the Krishi Vigyan
Kendra, in Agar is associated with Rajmata
Vijayaraje Scindia Krishi Vishwavidyalaya, Gwalior
(M.P.).
KVK severs as a link between the Indian Council of
Agriculture Research and farmers, and aim to apply
agricultural research in a practical. All KVKs fall
under the jurisdiction of one of the 11 Agricultural
Technology Application Research Institutes
(ATARIs) throughout India.
Not available Yes, available in
Agar, Shajapur and
Neemuch
The key activities of Krishi Vigyan Kendra
includes:
On farm soil testing to identify the location
specificity of farming technologies in
various farming systems;
Demonstrations to establish production
potential of newly released technologies
on farmers field and provide feedback;
Training of farmers to update their
knowledge and skills in modern
agricultural technologies and training of
extension personnel to orient them in the
technology based farming
Work as resource and knowledge centre of
agricultural technology for supporting
initiatives of public, private and voluntary
sector for improving the agricultural
economy of the district;
Create awareness about new farming
technologies through training and field
visits; and
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Organisati
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Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
The seed and planting material produced
by the KVKs also be made available to the
farmers.
Source:
http://www.rvskvv.net/index.php/extension/
krishi-vigyan-kendra (accessed on March
26, 2021)
4. Industrial
Training
Institutes
(ITIs)
Private and
Government
Institutes
Industrial Training institutes are training institutes
set up under the Directorate General of Training
(DGT), Ministry of skill development and
Entrepreneurship (MSDE), Government of India.
The ITI are present in most of the districts in
Madhya Pradesh.
Source:
http://dectmeg.nic.in/dect/pdf/Benefits%20of%20enr
olling%20under%20ITIs.pdf (accessed on March 26,
2021)
Not Available Yes, available in
Agar, Shajapur and
Neemuch
The it is offer a range of vocational/skill training
courses covering a large number of economic
sector with an objective of providing skilled
workforce to the industry as well as self-
employment of youth.They provide post-school
technical as well as vocational training courses
leading to lifelong career in one or two-year skill
courses which are based on a semester
pattern. The training courses in it is have been
designed to impact basic skills and knowledge
in the trades so as to prepare trainee for
employment as a semi-skilled/skilled worker or
for self-employment.
Source:
http://dectmeg.nic.in/dect/pdf/Benefits%20of%2
0enrolling%20under%20ITIs.pdf (accessed on
March 26, 2021)
5. Watershed
Organisatio
n
National Level
NGOs
Watershed Organisation Trust (WOTR) is a globally
recognised organisation dedicated to transforming
the lives of millions of poor villagers across India
https://wotr.org/co
ntact-us/ link with
Yes, however, the
organisation has
not work in
WOTR started work in Madhya Pradesh in
2006 and implemented projects pertaining to
Watershed Development, Climate Change
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
through participatory watershed development and
ecosystems restoration, climate resilient sustainable
agriculture, integrated and efficient water
management and climate change adaptation, with a
special emphasis on building resilience of
vulnerable communities, farmers, and women.
WOTR was established in 1993 and is
headquartered in Pune, Maharashtra, India.
Source: https://wotr.org/about-us/ (accessed on
March 26, 2021)
contact details of
the organisation
Neemuch, Agar or
Shajapur
Adaptation (CCA), Nutrition and Child Growth
Monitoring and Livelihoods. The organisation is
currently active in Districts of Anuppur,
Chhindwara, Mandla and Seoni.
Details of programs undertaken by the
organisation related to Water, Livelihood and
Gender:
Water Budgeting
Water Budgeting (WB) is a unique approach
towards ensuring optimum, equitable and most
efficient use of water. This involves gaining an
understanding of water availability, a
community’s existing needs and requirements
of water, crop planning based on water
availability, optimising irrigation, equitable
sharing of water, and considered decisions on
groundwater use.
WOTR appoints Jal Sevaks (Water Volunteers)
from the project villages as representatives to
supervise and implement water budgeting
activities. Jal Sevaks work as motivators and
facilitators, serving village communities in
implementing water stewardship. They are
trained to address various challenges in water
management. Each Jal Sevak leads the project
activities in his own and the neighbouring 3-4
villages.
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
Ground Water Mapping and Aquifer
Management
WOTR, works to ensure measures taken to
access and use groundwater do not hamper the
overall and long-term availability of this key
resource, state groundwater regulations and
water-oriented schemes are both socially and
ecologically sustainable.
Water harvesting and Conservation
WOTR strives not only to provide safe drinking
water, but also to reduce the drudgery of
women, through its sanitation projects. Under
this intervention, new drinking water storage
tanks are constructed. Bore wells have been
dug based on the existing aquifer in the village,
new drinking water wells excavated and old
drinking wells repaired. Besides, submersible
electric pumps have been installed in the bore
well to pump the water to storage tanks.
Underground PVC pipelines are provided as
well in order to transport water from water
source to the storage tanks.
Gender Based Activities
Gender concerns are embedded in every
activity that WOTR undertakes. Since gender
equality can only be achieved when men and
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
women are equally empowered, WOTR gives
emphasis to a level-playing field, which it does
in a variety of ways, including organising
women into self-help groups and addressing
their concerns through health, personal care
and personality development.
At WOTR, our philosophy of gender and
women empowerment is rooted in the concept
of the ‘wheels of the bullock cart’. Just as the
wheels of a bullock cart have to be of the same
size for it to move forwardly smoothly, men and
women have to be equal partners for society to
move forward in a sustainable way.
We achieve this by focusing on empowering
both women and men by making them equal
partners and beneficiaries of this
empowerment.
Crop Intensification
System of Crop Intensification involves soil
preparation and management, decreasing crop
density per acre and appropriate crop
spacing/crop geometry, systematic application
of organic inputs and reducing dependence on
chemical inputs, spraying of micro-nutrients,
and using high quality seeds.
WOTR promotes the SCI method through plot
demonstration during Farmer Field Schools
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
where the farmers are exposed to new farming
techniques, field demonstrations and coping
mechanisms within the context of water scarcity
and climate variability. This leads to enhanced
crop yields. SCI techniques involve a four-
pronged approach which comprises field
preparation and management, crop spacing,
systematic application of locally prepared
organic and biological inputs and micronutrient
foliar spray.
Source: https://wotr.org/what-we-do/ (accessed
on March 26, 2021)
6. Sambhav
Social
Service
Organisatio
n
Madhya
Pradesh Based
Organisation
Sambhav is a voluntary organization engaged on
the issues of women empowerment, violence
against women, education and health. The
organization also works in the direction of capacity
building of communities for community organization
especially of Sahariya Tribal Group and Urban Slum
Dwellers.
Source: https://www.sambhavindia.org/about
(accessed on March 26, 2021)
https://www.samb
havindia.org/conta
ct link with contact
details of the
organisation
Yes, however, the
organisation has
not work in
Neemuch, Agar or
Shajapur
Women Empowerment
The program proposes over a period of 5 years
to form Self Help Groups, their training and
capacity building on group dynamics and book
keeping, followed by handholding support in
terms of facilitating regular meetings, bank
account opening and credit support for micro-
entrepreneurial initiatives.
Sabla-Violence Against Women
Sabla is being implemented in urban slums of
Gwalior city. The focus of this program is on
primary prevention and on building state
capacity to respond to VAW.
The interventions are rooted in aspects of the
‘ecological model’, which aims to address risk
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the
Organisati
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Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
factors at individual, relationship, community
and societal level in order to prevent violence,
with a particular emphasis on the individual and
community levels.
Parivartan
The program is focused on educational
development of the village and women
empowerment through establishment of
Parivartan Kendra, Upgradation of Educational
infrastructure and providing supplementary
education to adolescent girls in the
village.Sambhav has been implementing the
Parivartan program in Tilori village of Malanpur,
Bhind. The program is focused on educational
development of the village and women
empowerment through establishment of
Parivartan Kendra, Upgradation of Educational
infrastructure and providing supplementary
education to adolescent girls in the village.
Source:
https://www.sambhavindia.org/programs
(accessed on March 26, 2021)
7. Centre for
Advanced
Research
and
Developme
nt
Madhya
Pradesh based
NGO
Centre for Advanced Research & Development
(CARD) has been established to promote action
research and to apply its findings for the protection
and development of the society and its environment.
We primarily promote Rural Livelihoods through
http://www.asaindi
a.org/Contact%20
Us.html#1 link
with contact
details of the
organisation
Yes, worked in
Shajapur
Agriculture Productivity Enhancement
ASA’s efforts at improving farm productivity has
largely been based on ‘Responsible Crop
Initiative (RCI)’ or popularly known as
“Jimmedar Kheti”, a form of certification for
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No.
Name of
the
Organisati
on
Government/
NGO/Private
About Organisation Contact Details Worked in Madhya
Pradesh or not
Experience in Grazing or LRP or similar
nature of work
sustainable human and natural resource
management.
Centre for Advanced Research & Development
believes in Mainstream Development and
Community-based Natural Resource Management
approach to reduce rural poverty. The sustainability
of this approach largely depends on the
empowerment of the communities for not only
sharing the costs and benefits at all levels, but also
by demanding their entitlement.
Source: https://www.cardindia.org/index.php
(accessed on March 30, 2021)
agricultural practices followed that reduces the
environmental and social footprint of
agriculture, while increasing yield and
productivity for the farmer, making the business
of farming more sustainable. These set of
practices are also in line with Good Agricultural
Practices as propounded by the Food and
Agricultural Organization of the United Nations,
as well as in line with the proposed objectives
of the National Mission on Sustainable
Agriculture. The efforts largely complement
some of ASA’s other initiatives such as land
and water resource development and
promotion of Farmer Producer Companies and
also carries forward the functional objectives of
some of ASA’s other programmes, such as
support to Responsible Soybean farming.
Source:
http://asaindia.org/Responsible%20Soyabean.p
df (accessed on March 30, 2021)
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