Resettlement Plan

April 2012

IND: Jammu & Kashmir Urban Sector Development

Investment Programme (JKUSDIP) — Rehabilitation

of Water Supply System at Jammu City

Prepared by the Government of Jammu & Kashmir, Economic Reconstruction Agency for the

Asian Development Bank.

ABBREVATIONS

ADB Asian Development Bank BPL Below Poverty Line CPR Common Property Resource CEO Chief Executive Officer DLC Divisional Level Committee DP Displaced Person DSC Design & Supervision Consultants EA Executing Agency EFC Empowered Facilitation Committee EM External Monitor ERA Economic Reconstruction Agency FGD Focus Group Discussions GoI Government of India GoJK Government of Jammu and Kashmir GRC Grievance Redressal Committee HH Household IPSA Initial Poverty & Social Assessment IP Indigenous Peoples JMC Jammu Municipal Corporation. J&K Jammu & Kashmir LA Land Acquisition MOU Memorandum of Understanding NOC No Objection Certificate NRRP National Policy on Rehabilitation & Resettlement NTH Non Title Holders PIU Project Implementation Unit PMU Project Management Unit PNC Private Negotiation Committee PSC Project Support Consultants PWD Public Works Department RP Resettlement Plan RF Resettlement Framework R&R Resettlement & Rehabilitation S&RE Social & Resettlement Expert SC Schedule Caste ST Schedule Tribe SPS Safeguard Policy Statement TH Title Holder TORs Terms of Reference

WEIGHTS AND MEASURES

K - Kanal; km – kilometer; sq. ft. – square feet sq. m – square meter

CURRENCY EQUIVALENTS

(as of 03 January 2012)

Currency unit – rupee (INR)

INR1.00 = $0.01875

$1.00 = INR 53.305

GLOSSARY

Affected Household - is defined as those who stand to lose, as a consequence of the

project, all or part of their physical and non-physical assets,

including homes, communities, and productive lands, resources

such as forests, range lands, fishing areas, or important cultural

sites, commercial properties, tenancy, income-earning

opportunities, social and cultural networks and activities. Such

impacts may be permanent or temporary.

B P L Family - for the project means, those families who possess the BPL Card.

Compensation - means payment in cash or in kind of the replacement value of

the acquired property.

Cut-off date - The cut-off date for the non titleholder will be the date of

completion of the census survey and for titleholders, issuance of

Land Acquisition Notification will be treated as cut off date.

Corridor of Impact - refers to the minimum width of land required for the

construction/improvement of roads, including road

embankments, roadside facilities and features such as service

roads, drains, footpaths, utility ducts and lines, fences, green

belts, safety zones, working spaces etc.

Displaced Persons - are those who are physically displaced (relocation, loss of

residential land, or loss of shelter) and/or economically displaced

(loss of land, assets, access to assets, income sources, or

means of livelihoods) as a result of (i) involuntary acquisition of

land, or (ii) involuntary restrictions on land use or on access to

legally designated parks and protected areas

Economic

Displacement

- means loss of land, assets, access to assets, income sources, or

means of livelihoods as a result of (i) involuntary acquisition of

land, or (ii) involuntary restrictions on land use or on access to

legally designated parks and protected areas.

Entitlement - means range of measures comprising compensation, income

restoration, transfer assistance, income substitution, and

relocation which are due to the Displaced Persons, depending

on the nature of their losses, to restore their economic and social

base to pre-project situation.

Encroacher - is used to denote illegal extension into public property by a

person who is a legal titleholder of his property. The person is an

encroacher on the portion of the property occupied to which the

person does not hold legal title.

Family - means project affected family consisting of such persons, his or

her spouse, minor sons, unmarried daughters, minor brothers or

unmarried sister, father, mother and other members residing with

him/her and dependent on him/her for their livelihood.

Grievances Redressal

Committee

- means the committee established under the subproject to

resolve the local grievances.

Involuntary

Resettlement

- addresses social and economic impacts that are permanent or

temporary and are (i) caused by acquisition of land and other

fixed assets, (ii) by change in the use of land, or (3) restrictions

imposed on land as a result of a Project.

Kanal - is a traditional unit of land area in northern states of India -

Haryana, Punjab, Himachal Pradesh & Jammu & Kashmir; and

also in Pakistan; equal to 20 marlas. Under British rule the marla

and kanal were standardized, the kanal equals exactly to 5440

square feet or 505.392 square meters

Khasra - A Khasra or index register to the map. It is the list showing, by

number, all the fields and their area, measurement, who owns

what cultivators he employs, what crops, what sort of soil, what

trees, are on the land.

Land Acquisition - means acquiring of land for some public purpose by

government/government agency, as authorised by the law, from

the individual landowner(s) after paying government fixed

compensation in lieu of losses incurred by land owner(s) due to

surrendering of his/their land to the concerned government

agency.

Replacement Cost - means the method of valuing assets to replace the loss at

market value before the project or dispossession, or its nearest

equivalent, plus any transaction costs such as administrative

charges, taxes, registration, and titling costs. Replacement cost

is based on market value before the project or dispossession,

whichever is higher

Resettlement - means all the measures taken to mitigate all or any adverse

impacts of the project on the DPs property and/or livelihoods

including compensation, relocation (where relevant), and

rehabilitation.

Resettlement effects - Loss of physical and non-physical assets, including homes,

communities, productive land, income-earning assets and

sources, subsistence, resources, cultural sites, social structures,

networks and ties, cultural identity and mutual help mechanisms.

Relocation - Rebuilding housing, assets, including productive land, and public

infrastructure in another location.

Resettlement Plan: - A time-bound action plan with budget setting out resettlement

strategy, objectives, entitlement, actions, responsibilities,

monitoring and evaluation

Rehabilitation - means the measures provided under the resettlement plan other

than payment of the compensation of acquired property.

Stakeholders - mean any individuals, groups, organisations, and institutions

interested in and potentially affected by a project or having the

ability to influence a project.

Squatters - are those that are landless or without title to land and occupy

public land for shelter and/or for carrying out their livelihoods.

Shajra - A shajra or Village Map is a detailed map of the village that is

used for legal (land ownership) and administrative purposes in

India and Pakistan. A shajra maps out the village lands into land

parcels and gives each parcel a unique number.

Vulnerable groups - The groups of population are considered socially ‗vulnerable‘

comprise of - (a) those who are below the poverty line (BPL); (b)

those who belong to scheduled castes (SC), scheduled tribes

(ST); (c) female-headed households (FHH); (d) elderly and (e)

disabled persons.

This resettlement plan is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB's Board of Directors, Management, or staff, and may be

preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

TABLE OF CONTENTS

S. No Description Page No

EXECUTIVE SUMMARY 1-6

I. I Project Description 7

II. Scope of Land Acquisition & Resettlement 12

III. Socio-economic Information and Profile of DPs 21

IV. Information Disclosure, Consultation and Participation 22

V. Grievance Redress Mechanisms 24

VI. Legal Framework 26

VII. Entitlements, Assistance and Benefits 27

VIII. Income Restoration and Rehabilitation 32

IX. Resettlement Budget & Financing Plan 33

X. Institutional Arrangement 33

XI. Implementation Schedule 36

XII. Monitoring and Reporting 37

Appendixes

1

EXECUTIVE SUMMARY

A. Introduction

1. Economic Reconstruction Agency has undertaken Jammu and Kashmir Urban Sector

Development Investment Program (JKUSDIP), financed by the ADB through a Multi- Tranche

Financing Facility (MFF). The total estimated cost of the investment program is about US $485

million, out of which $300 million will be financed by ADB. The investment program is to be

implemented in 4 to 7 tranches over a period of 8 years. Each tranche constitutes a separate loan.

The Tranche I (Project-1) of JKUSDIP (Loan 2331–IND) is under implementation. This subproject

is included in Tranche II (Project-2) financing.

2. The primary objective of JKUSDIP is to promote economic development in Jammu and

Kashmir State through expansion of basic services such as water supply, sewerage, sanitation,

drainage, solid waste management, urban transport and other municipal functions in Jammu,

Srinagar and other important urban centers of the State. The investment program also aims to

strengthen the service delivery capacity of the responsible State urban agencies and urban local

bodies through management reform, capacity building and training.

3. One of the subproject identified under JKUSDIP is the improvement and rehabilitation of

water supply system in Jammu city. This Resettlement Plan (RP) is based on Resettlement

Framework (RF)1 which is consistent with ADB‘s Safeguard Policy Statement-2009, NRRP 2007

and State Land Acquisition Act 1990.

4. The RP has been prepared based on the detailed engineering designs and as per the

Detailed Project Report (DPR). This subproject has been categorized as “B” for Involuntary

Resettlement impact as per the ADB‘s Safeguard Policy Statement, 2009 (SPS).

B. Description of the subproject

5. In order to address the current deficiencies in the water supply system in Jammu city and to

cater to the future water demand , the proposed subproject includes the following components: (i)

laying new rising main from proposed tube wells to Over Head Tanks / ground level service

reservoirs for a length of 13.2 kms; (ii) replacement of worn out pipes and strengthening of

distribution network pipes for a length 67 km to provide water in required quantity as per norms in

water deficit areas and provide piped water supply in uncovered areas, (iii) construction of 10 nos.

of Over Head Tanks; (iv) construction of 19 nos. of Tube wells and (v) replacement of worn-out

pumping machineries. In addition to the above physical infrastructure components, the subproject

includes provisions to continue implementation of Water Loss Reduction Program in 4 subzones

of Phase – IV, thus reducing the water losses from existing 30-45% to 20% resulting in net water

saving of 3.43 MLD, to improve operational efficiency of the pumping machineries and reduce

energy costs as well as O&M costs in water production.

1 The original RF prepared for the MFF was updated to be aligned with ADB‘s Safeguards Policy Statement (2009). The

updated RF will apply to Tranche 2 and subsequent tranches. Tranche 1 will continue to be implemented under the

original RF of the MFF.

2

C. Scope of Land Acquisition & Resettlement

6. The subproject as per the engineering design will not require any land acquisition and IR

impacts are minimal and restricted to temporary access disruption during construction. Laying new

rising main from proposed tube wells to Over Head Tanks / ground level service reservoirs and

replacement of worn out pipes and strengthening of distribution network pipes for a length would

be done within the existing ROW of roads, and no private land acquisition is envisaged.

7. The OHTs and new tube-wells are proposed within available Government lands or has

been proposed on lands belonging to community organizations/ institutions voluntarily donated

through MoUs / NOCs. For these locations, NOC has been availed and MOUs have been signed.

8. While there is no private land acquisition envisaged, temporary impacts on access to

adjoining commercial and residential properties during the construction period due to laying of

rising and distribution main pipelines is anticipated. Potential impact on livelihood due to temporary

impact on access to some commercial establishments is also anticipated. Based on the transect

walks carried out along the proposed distribution networks and the alignment of the rising mains,

the IR impacts from the subproject include temporary access losses to 117 residences, 216

commercial establishments and 28 institutions during construction. No direct impacts on any of

these structures are envisaged.

9. Potential temporary impacts of access disruption for all these shops/commercial

establishments can be mitigated through good construction practices which will be the

responsibility of construction contractors for which measures are identified in the IEE. The project

contractor will ensure that there is provision of alternate access during the construction so that

there is no closure of these shops or any loss of clientele. A format titled ―Confirmation from

Operator of Commercial establishment/shop for provision of temporary Access by

Contactor” has been developed which is also part of Environment Management Plan and as per

which it would be responsibility of contractor to provide alternate access to the shops/commercial

establishment to the satisfaction of the person affected. In case the loss of access to the shops

during the construction is not effectively mitigated by provision of alternate access by project

contractors same may cause temporary loss of income during due to DPs will be provided

assistance for this transitional period on a case-to-case basis as per the provisions of the

Entitlement Matrix in agreed resettlement framework. The resettlement impacts of the subproject

are summarized in Table 1 below.

Table 1. Summary of Resettlement Impacts

Particulars Quantity

Total Land to be Acquired 3092.56 sq.m

Government lands 2311.29 sq.m

Lands belonging to community/institutions to be obtained through

voluntary donation

781.27 sq.m

Private lands to be acquired Nil

Temporary impacts during construction

Total number of HHs

333( all suffering temporary access

disruption for a maximum of 03

days)

3

Particulars Quantity

HHs losing temporary access to businesses (shops/commercial

establishments)

216

DPs loosing access to residences 117

Institutions losing access temporarily 28

Average Household size of the DPs 5.4

Main source of income of DPs Business/shops, Government

Service etc

Household income of the DPs Rs. >15000/per month

No of Vulnerable DPs Nil

Literary rate of DPs >75%.

D. Objectives of the Resettlement Plan

10. This RP is prepared to deal with the limited aspects of land acquisition and resettlement

impacts resulting from subproject implementation. The plan is based on Resettlement Framework

(RF) which is consistent with ADB‘s Safeguard Policy Statement-2009, National Resettlement and

Rehabilitation Policy (NRRP 2007) and State Land Acquisition Act (LAA) 1990. The plan provides

an analysis of the impacts, identifies the nature and types of losses, and establishes an entitlement

matrix as a guide to payments of compensation and resettlement benefits. The primary objective of

RP is to restore the income and living standards of the Displaced Persons (DPs) within the shortest

possible time without any disruption in their own economic and social environment.

E. Socio-economic Information and Profile

11. Socio-economic details of DPs who will suffer temporary access disruption has been

prepared based on a census survey. The profile of the DPs is homogenous in nature and business

/ shops and services are the sources of income. Average family size of the DPs is 5.4. The

average household income of the DPs is Rs. 15000/per month. All the DPs belong to the General

Category and none of the DPs were identified as belonging to vulnerable groups.

F. Information Disclosure, Consultation, and Participation

12. Public consultations through Focus Group Discussions (FGDs) with project beneficiaries

and DPs have been carried out. Consultations were also carried out during the course of

environment impact assessment. To provide for more transparency in planning and for further

active involvement of displaced persons and other stakeholders the project information has been

disseminated through Project Information Bulletin (PIB). The PIB will be distributed among

Displaced Persons (DPs). The PIB will also be uploaded on ERA website as part of RP. The PIB

prepared in English and Hindi languages includes the following information: (i) a brief background

of the Project, specifically the resettlement impacts; (ii) basis used for valuation, (iii) the

entitlements due to the DPs; (iv) timing and schedule of payments; (v) grievance redress

mechanism; and (vi) contact persons at ERA and the local authorities. the following information: (i)

a brief background of the Project, specifically the resettlement impacts; (ii) basis used for valuation,

(iii) the entitlements due to the DPs; (iv) timing and schedule of payments; (v) grievance redress

mechanism; and (vi) contact persons at ERA and the local authorities. A summary of this

Resettlement Plan (RP) (both in English and Hindi) will be made available to the displaced persons

4

by the Executing Agency (EA) for review and comments on the policy and mitigation measures.

The final RP will also be disclosed on the ADB and ERA website. The consultation with the

displaced persons will continue throughout the project cycle.

G. Legal Framework

13. The principles adopted for addressing resettlement issues in the project have been guided

by the RF which is consistent with the existing legislation and policies of the Government of India

applicable to state of J&K, the Government of Jammu and Kashmir, Asian Development Bank. The

relevant laws and policies which have been analysed are State Land Acquisition Act 1990 (1934

AD), National Resettlement and Rehabilitation Policy 2007 (NRRP) and ADB‘s Safeguard Policy

Statement, (2009).

H. Entitlements, Assistance and Benefits

14. Taking into account the various losses, the Entitlement Matrix provides for compensation

and resettlement assistance to all Displaced Persons in the subproject area. The HHs identified in

the subproject areas on the cut-off date will be entitled to compensation for their affected asset or

other entitlements as applicable as outlined in the entitlement matrix. The subproject does not

involve any acquisition of land or permanent resettlement impacts on non-titleholders and the IR

impacts are limited to potential temporary loss of access during the construction to 333 DPs- 216

Shops and 117 residences. While the cut-off date shall not be applicable for temporary impacts,

advance notice will be given regarding the potential disruption due to the construction activities.

I. Relocation issues of Housing or Commercial Establishments

15. There will be no impact on housing or any commercial structure directly as such, therefore,

relocation of housing and settlements are not of any concern in the subproject. DPs will be

provided advance notice to ensure no or minimal disruption in livelihood. Ensuring there is no

impact on business and livelihood due to possible access disruptions is the responsibility of

contractors. During detailed design preparation, at locations of permanent structures, measures to

realign the design to avoid these structures have been followed. The design principles and

subsequent requirements also incorporate other mitigation measures, including but not limited to

selection of alignments to minimize impacts, implementation of works in a phased manner to

minimize the period of disruption, provision of access to DPs losing access etc.

J. Income Restoration and Rehabilitation

16. A total of 216 shops will suffer (based on the findings of the transect walks and surveys of

the commercial establishments/shops along the proposed alignments) temporary access disruption

during laying of rising and distribution main pipelines for a maximum of 03 days. No other

encroachers or squatters or kiosks were found during the transect walk or engineering surveys.

17. Potential temporary impacts of access disruption for all these shops/commercial

establishments can be mitigated through good construction practices which will be the

responsibility of construction contractors. Measures are identified in the IEE and include: (i) leaving

spaces for access between mounds of soil, (ii) providing walkways and metal sheets to maintain

5

access across trenches, (iii) increasing the workforce in front of shops/commercial establishments,

(iv) consulting business and institutions regarding operating hours and factoring this in work

schedules, (v) providing advance information on works to be undertaken including appropriate

signages etc. The project contractor will ensure that there is provision of alternate access during

the construction so that there is no closure of these shops or any loss of clientage. A format titled

―Confirmation from Operator of Commercial establishment/shop for provision of temporary

Access by Contactor” has been developed which is also part of Environment Management Plan

and as per which it would be responsibility of contractor to provide alternate access to the

shops/commercial establishments to the satisfaction of the person affected. Should construction

activities result in unavoidable livelihood disruption, compensation for lost income or a transitional

allowance for the period of disruption whichever is greater will be provided. Temporary disruption in

livelihood will be mitigated on case to case basis and adequate contingency amount has been

provisioned in the resettlement budget for the same. This process will be approved and monitored

by ERA case by case basis as part of the internal monitoring exercise. The process and mitigation

measures would be documented as part of the internal monitoring report.

K. Resettlement Budget and Financing Plan

18. The resettlement cost estimate for this subproject includes assistance for temporary income

loss due to access disruption during construction as outlined in the entitlement matrix and

contingency provision amounting to be 10% of the total cost. The total resettlement cost for the

subproject is INR 11,00,000/-(20636USD).

L. Grievances Redressal

19. The RP will have a mechanism to ensure that the grievances of the DPs are heard and

resolved in timely manner. The Grievance redress mechanism would follow the following approach

and procedures:

(i) In case the displaced person has any compliant or grievance, he/she is free to lodge

his/her complaint with the Project Manager JKUSDIP, ERA who will make efforts to

resolve the complaint on ground level itself. The Project Manager will make efforts

to redress the grievance within 2 weeks from the receipt of grievance.

(ii) In case the DPs are not satisfied or his grievance are not redressed he can take the

matter to Director Safeguards who will ensure that grievance is redressed with time

frame of 3 weeks

(iii) If Director Safeguards can not resolve the compliant or DP is not satisfied with

resolution/ decision, they can take the matter to Grievance Redress Committee

(GRC), which will address the grievance within 4 weeks.

(iv) DPs are free to approach the court of law at anytime at their own will and expenses.

20. Besides the grievance redress mechanism of the project, state has online grievance

monitoring system known as Awaz-e-Awam (People‘s Voice). The DPs can also lodge their

complaints online at http://www.jkgrievance.nic.in.

6

M. Institutional Arrangements

21. The Executing Agency (EA) for the implementation of RP will be Economic Reconstruction

Agency (ERA) which will be assisted by set of institutions at various levels which includes Project

Management Unit (PMU), Project Implementation Unit (PIU), Design Supervision Consultants

(DSC), Project Support Consultant (PSC) and State Administration. The ERA will be responsible

for overall strategic guidance, technical supervision, execution of the project and ensuring

compliance with the loan covenants.

22. Project Management Unit (PMU) has been established which is headed by Chief Executive

Officer (Project Director) supported by 6 (six) Directors responsible for specific divisions. Director

(Director Central) is responsible for day to day function of JKUSDIP and is assisted by the Project

Implementation Unit (PIU) headed by Project Manager. Another senior officer (Director

Safeguards) also reporting directly to the CEO is responsible to ensure compliance with

environmental and social safeguard policies.

23. The Divisional Level Committee (DLC) has been constituted for Implementation of the

Rehabilitation plans for the sub projects being executed by J&K Economic Reconstruction

Agency (ERA) under Loan-II viz J&K Urban Sector Development Investment Program (JKUSDIP).

The DLC has been constituted by General Administration Department (GAD) of Government of

Jammu & Kashmir vide no. 605 of 2011 dated 25-05-2011.

N. Implementation Schedule

24. Implementation of this RP consists of payment of assistance for income loss which will be

mitigated on case to case basis during construction as per the actual impact. All the compensation

and assistance will be completed as per the civil works at each specific stretch. The time for

implementation of RP will be scheduled as per the overall project implementation. Public

consultation, internal monitoring and grievance redress will be undertaken intermittently throughout

the project duration. However, the schedule is subject to modification depending on the progress of

the project activities.

O. Monitoring & Reporting

25. In line with the requirements for Category B projects with insignificant resettlement impacts,

an internal monitoring arrangement of RP is proposed. This will be a regular activity for PMU

carried out through DSC and PSC. The DSC will prepare the internal monitoring report and submit

to PSC for review and finalisation in consultation with ERA for onward submission to ADB semi-

annually.

7

Resettlement Plan of Rehabilitation of Water Supply System at Jammu City

I. Project Description A. General

1. Economic Reconstruction Agency (ERA) has undertaken Jammu and Kashmir Urban

Sector Development Investment Program (JKUSDIP), financed by the ADB through a Multi-

Tranche Financing Facility (MFF). The total estimated cost of the investment program is about US

$485 million, out of which $300 million will be financed by ADB. The investment program is to be

implemented in 4 to 7 tranches over a period of 8 years. Each tranche constitutes a separate loan.

The Tranche I (Project-1) of JKUSDIP (Loan 2331–IND) is under implementation. This subproject

is included in Tranche II (Project-2) financing.

2. The primary objective of JKUSDIP is to promote economic development in Jammu and

Kashmir State through expansion of basic services such as water supply, sewerage, sanitation,

drainage, solid waste management, urban transport and other municipal functions in Jammu,

Srinagar and other important urban centres of the State. The investment program also aims to

strengthen the service delivery capacity of the responsible State urban agencies and urban local

bodies through management reform, capacity building and training.

3. On the basis of the detailed analysis one of the subprojects identified under JKUSDIP is

“Rehabilitation of Water Supply System at Jammu City”. This subproject intends to improve

the water supply situation in Jammu city. This Resettlement Plan (RP) is based on Resettlement

Framework (RF) which is consistent with ADB‘s Safeguard Policy Statement-2009, NRRP 2007

and State Land Acquisition Act (LAA) 1990.

4. The RP has been prepared based on the detailed engineering designs and as per the

Detailed Project Report (DPR). This subproject has been categorized as “B” for Involuntary

Resettlement impact as per the ADB‘s Safeguard Policy Statement, 2009 (SPS).

B. Description of Sub project and Location

5. Improvement of water supply in Jammu city has been taken up as part of the Loan 2151-

IND funded by ADB (2006). The subproject envisaged the addressal of the following key issues

pertaining to the water supply system in Jammu : (i) less than half of the total installed production

capacity (227 MLD) could reach to the households, (ii) heavy losses in the distribution network

(Within water supply sub-subzones), up to 40-50% (iii) direct connection of households to the

distribution pipelines without service lines; (iv) multiple connections to individual households; (v)

flat rate of user charges without household meters; (vi) public taps without valves; and (vii)

absence of proper maintenance. ADB Loan 2151-IND has been addressing this problem to reduce

water losses in the distribution networks, by replacement of worn out leaking distribution pipelines.

However, Loan 2151 could cover about half of water supply sub-zones of Jammu city only via

replacement of worn out leaking distribution pipelines.

6. In order to mitigate the current and future water demand in Jammu city, the following

components of water supply has been proposed for inclusion in the second tranche:

8

(i) Laying new rising main from proposed tube wells to Over Head Tanks / ground level

service reservoirs for a length of 13.2 kms;

(ii) Replacement of worn out pipes and strengthening of distribution network pipes for a length

of 67 km;

(iii) Construction of 10 nos. of Over Head Tanks;

(iv) Construction of 19 nos. of Tube wells, and,

(v) Replacement of worn-out pumping machineries.

7. The specific objectives of the sub-project are:

(i) To continue implementation of Water Loss Reduction Program in 4 subzones of Phase –

IV, thus reducing the current water loss from existing 30-45% to 20% resulting in net water

saving of 3.43 MLD.

(ii) To improve operational efficiency of the pumping machineries and reduce energy costs as

well as O&M costs in water production; and,

(iii) To provide water in required quantity as per norms in water deficit areas and provide piped

water supply in uncovered areas.

8. The location of proposed OHTs and TWs are illustrated in Figure 1 and 2. Figure 3

illustrates the Schematic Drawing (Ward wise) of Water Supply Phase –IV.

9

Figure 1. Location of 10 No’s OHT in Jammu East & West

10

Figure 2. Location of 19 No’s Tube wells in Jammu East & West

11

Figure 3. Schematic Drawing (Wardwise) of Water Supply Phase -IV

12

C. Minimising Land Acquisition and Resettlement Impacts

9. Adequate measures have been taken during the project preparation to minimize the

adverse impacts of land acquisition and resettlement impacts. Within the available options, best

design solutions have been adopted to avoid any land acquisition and resettlement impacts.

10. The subproject as per the engineering design will not require any land acquisition and IR

impacts are minimal and restricted to temporary access disruption during construction. Laying

new rising main from proposed tube wells to Over Head Tanks / ground level service reservoirs

and replacement of worn out pipes and strengthening of distribution network pipes for a length

would be done within the existing ROW of roads, and no private land acquisition is envisaged.

The OHTs and new tube wells are proposed within available Government lands or have been

sited on lands belonging to community organizations/ institutions voluntarily donated through

MoUs / NOCs. For these locations, NOC has been availed and MOUs have been signed.

Through these efforts to minimize resettlement impacts, the subproject will not have any physical

or economic displacement.

D. Scope and Objective of the Resettlement Plan

11. The Resettlement Plan has been prepared to mitigate all unavoidable negative impacts

caused due to the sub-project implementation. The plan is based on Resettlement Framework

(RF)2 which is consistent with ADB‘s Safeguard Policy Statement-2009 (SPS 2009), NRRP

2007 and State Land Acquisition Act (LAA) designed to protect the rights of the Displaced

Persons and Communities and mitigate the adverse impacts arising out of sub project

implementation.

II. Scope of Land Acquisition & Resettlement

A. Resettlement Screening

12. A social screening exercise was performed in order to gather first hand

information on impacts of land acquisition and resettlement with specific attention on

land use, presence of title and/or non-title holders, impact on business establishments

and other assets. The screening exercise identified the key issues pertaining to

resettlement impacts and provided basis for the scoping of the RP for the subproject.

B. Census Survey and Inventory of Assets

13. A transect walk was carried as per the engineering design for preparation of inventory of

2 The original RF prepared for the MFF was updated to be aligned with ADB‘s Safeguards Policy Statement (2009).

The updated RF will apply to Tranche 2 and subsequent tranches. Tranche 1 will continue to be implemented under

the original RF of the MFF.

13

losses in June, 2011(till 11th June, 2011) to assess the impacts as per engineering design. The

objective was to generate an inventory of social impacts on people affected by the subproject,

the type of impact, type of ownership, social profile assess the presence of non-titleholders in

the subproject area, and their views about the subproject and on various options for

rehabilitation and resettlement.

C. Subproject Impacts

14. The survey and assessment undertaken during appraisal of the subproject indicates that

IR impacts in the subproject are minimal. The subproject as per the engineering design will not

require any land acquisition and IR impacts are minimal and restricted to temporary access

disruption during construction. Laying new rising main from proposed tube wells to Over Head

Tanks / ground level service reservoirs and replacement of worn out pipes and strengthening of

distribution network pipes for a length would be done within the existing ROW of roads, and no

private land acquisition is envisaged. Construction of Over Head Tanks will not entail any

permanent land acquisition. The OHTs and new tubewells are proposed within available

Government lands or has been sited on lands belonging to community organizations/ institutions

voluntarily donated through Memorandum of Understanding (MoU) or No-objection certificate

(NOC). For all these locations, NOC has been availed and MOUs have been signed.

15. Replacement of worn-out pumping machineries would be done within the existing

pumping stations owned by government. To conclude we can say the IR impacts from the

subproject only include temporary access losses to 117 residences, 216 commercial

establishments and 28 institutions during the laying of rising and distribution main pipelines. List

of the residences, commercial establishments and institutions likely to suffer temporary access

losses during the laying of the pipelines during subproject implementation is given as Appendix

1.

16. The subproject components and a summary impact on land acquisition and resettlement

is described in Table 2.

14

Table 2: Subproject components, land acquisition, and resettlement Impact

Component Location Description Permanent

impact on land

acquisition and

resettlement

Temporary

impact

Remarks

Laying new rising

main from proposed

tube wells to Over

Head Tanks /

ground level service

reservoirs for a

length of 13.2 kms.

A length of 13.2 Kms. is

spread over Jammu city

DI-K9 pipes of diameter 80 to 200 mm to be buried in a trench within the right of way (ROW) of existing roads

No Yes Excavation will be

carried out

manually or by

machine.

Temporary impacts

on livelihood in

terms of impact on

small business are

anticipated during

the construction

due to temporary

impact on access.

A total of 117

residences, 216

commercial

establishments and

28 institutions will

have access

disruptions due to

implementation of

these two

components.

Replacement of

worn out pipes and

strengthening of

distribution network

for a length 67km

Replacement of worn out

pipes and strengthening of

distribution network for a

length 67 km in Phase IV of

Jammu City

DI-K7 pipes to be buried in a trench within the right of way (ROW) of existing roads

No Yes

Construction of 10

nos. of Over Head

Tanks(OHTs).

(i). Gandhinagar, Block-A (ii). Nai-Basti (iii). Sainik Colony, Sec.-D (iv). Deeli (v). Channi-Himmat, sec.-7 (vi). Fruit market Narwal (vii). Rajinder Nagar, JDA-

phase I Bantalab (viii). Janipur Stage-III (ix). Roopnagar , EWS

colony (x). Baba Kalakhnath

Temple

Total Storage Capacity will be 7.718 ML

No No Out of the total 10

OHTs, 6 will be

constructed inside

the existing Public

Health Engineering

Department

(PHED) premises.

02 will be

constructed on

Jammu

Development

Authority (JDA)

land. 01 OHT will

be constructed on

the land belonging

to Sainik Co-

operative House

Building Society Ltd

(SCHSBS). NOC

for construction of

9 OHTs from

PHED, JDA and

15

Component Location Description Permanent

impact on land

acquisition and

resettlement

Temporary

impact

Remarks

SCHSBS has been

obtained and

placed as

Appendix 2.

MOU for providing

consent to

construct 01 OHT

on community land

belonging to

Babakalaknath

Temple has been

obtained and

placed in Appendix

3.

Construction of 19

nos. of

Tubewells(TWs).

(i). D/C Block, Gandhi Nagar

(ii). Vijay Park, Nai Basti (iii). Channi Himmat,

Sector-2 (iv). Bandhu Rakh, PHE

complex (v). Ambica Colony, PHE

Complex (vi). Near Market Sec-G,

Sainik Colony (vii). Sainik Colony, Sec-F (viii). Channi Kamala (ix). PHE Complex, Channi

Himmat, Sec-1 (x). Idd Gah, Malik Market (xi). CPS Narwal (xii). Horticulture Park, Fruit

Market (xiii). Church at Wazarat

road (xiv). Missionary of

Charity (xv). Park near Raina

Academy, Paloura (xvi). Bathing Ghat at

lohan, Paloura (xvii). PHE Complex,

New Plot (xviii). Rajinder Nagar,

JDA Phase-I Bantalab (xix). PHE Complex,

Bakshi Nagar

Total anticipated Discharging Capacity is 11.75860 ML

No No Out of the total 19

OHTs, 12 will be

constructed inside

Public Health

Engineering

Department

(PHED)

premises.01 will be

constructed on

Jammu

Development

Authority (JDA)

land. 02 OHTs will

be constructed on

the land belonging

to Sainik Co-

operative House

Building Society

Ltd(SCHSBS).

NOC from PHED,

JDA and SCHSBS

has been obtained

and placed as

Appendix 2. The

MOU for providing

consent to

construct 04 TWs

on community land

belonging to Panch

Mandir (Channi

Himmat, Sector-

2);Idd Gah, Malik

16

Component Location Description Permanent

impact on land

acquisition and

resettlement

Temporary

impact

Remarks

Market;Church at

Wazarat road and

Missionary of

Charity have been

obtained from

concerned

representatives and

placed in Appendix

3.

Source: Design for the subproject, DSC, Census and Socio-economic survey & transect walks, June 2011

17. Summary of impacts as per the table above is presented as follows:

A. Land requirement and ownership details for OHTs and TWs

18. Construction of Over Head Tanks will not entail any permanent land acquisition. All the

proposed works under different components will be carried either on government land,

community land, trust land or along existing right-of-way (ROW). Extensive consultations have

been done with the stakeholders (Community, trust board and government line departments) to

obtain permission for the construction of OHTs and Tube wells. Out of the total 10 OHTs, 6 will

be constructed on the existing Public Health Engineering Department (PHED) land, 02 on

Jammu Development Authority (JDA) land, 01 OHT on land belonging to Sainik Co-operative

House Building Society Ltd (SCHSBS). No objection Certificate (NOCs) for construction of 9

OHTs from PHED, JDA and SCHSBS has been obtained and placed as Appendix 2. The

Memorandum of Understanding (MOUs) for providing consent to construct 01 OHT in

community land belonging to Babakalaknath Ji Temple has been obtained and placed as

Appendix 3. Location wise area for each OHTs along with the ownership status of each land

parcel is described in Table 3.

Table 3: Details of land parcels for Over Head Tanks (OHTs)

S

No.

Location of proposed OHT Ward

No.

Required

land (sq. m)

Ownership of

land

Nature of

document

obtained

1 Gandhinagar, Block-A 21 225 State (PHED) NOC

2 Nai-Basti 23 225 State (PHED) NOC

3 Sainik Colony, Sec.-D 70 324 Cooperative

Society

(SCHSBS)

NOC

4 Deeli 69 225 State (PHED) NOC

5 Channi-Himmat, sec.-7 51 225 State (PHED) NOC

6 Horticulture Park, Fruit Market, Narwal

49 225 State Horticulture

Department

NOC

17

S

No.

Location of proposed OHT Ward

No.

Required

land (sq. m)

Ownership of

land

Nature of

document

obtained

7 Rajinder Nagar, JDA-phaseI 63 225 JDA NOC

8 Janipur Stage-III 37 225 State (PHED) NOC

9 Roopnagar , EWS colony 60 225 JDA NOC

10 Baba Kalakhnath Temple Out of

Ward

Limit

253 Trust MOU

2377

Source: Detailed design and revenue record of the locations

19. Construction of Tube wells will not entail any permanent land acquisition. Extensive

consultations have been done with the stakeholders (Community, trust board and government

line departments) to obtain permission for the construction of TWs. Out of the total 19 TWs, 12

will be constructed on the existing Public Health Engineering Department (PHED) land; 01 will

be constructed in Jammu Development Authority (JDA) land; 02 TWs will be constructed in the

land belonging to Sainik Co-operative House Building Society Ltd (SCHSBS). No objection

Certificates (NOCs) from PHED, JDA and SCHSBS have been obtained and placed as

Appendix 2. The Memorandum of Understanding (MOUs) for providing consent to construct 04

TWs on community land in Panch Mandir; Idd Gah Malik Market; Church at Residency road and

Missionary of Charity premises have been obtained and placed as Appendix 3. Location wise

required area for each Tube Well along with the ownership is described in Table 4.

Table 4: Details of land parcels for Tube Wells (TWs)

S

No.

Location of proposed TW Ward No. Required

land (Mtr.)

Ownership of land MOU/NOC

1 D/C Block, Gandhi Nagar 20 39.33 State NOC

2 Vijay Park, Nai Basti 23 39.33 State NOC

3 Channi Himmat, Panch Mandir (Sector-2)

50 50.60 Community/trust MOU

4 Bandhu Rakh, PHE complex Out of

Ward Limit

39.33 State NOC

5 Ambica Colony, PHE Complex Out of

Ward Limit

39.33 State NOC

6 Near Market Sec-G, Sainik Colony

70 15.12 Community/Co-

operative Society

NOC

7 Sainik Colony, Sec-F 70 39.33 Community/Co-

operative Society

NOC

8 Channi Kamala 52 39.33 State NOC

9 PHE Complex, Channi Himmat, Sec-1

50 39.33 State NOC

10 Idd Gah, Malik Market Out of

Ward Limit

39.33 Trust MOU

11 CPS Narwal 49 39.33 State NOC

12 Horticulture Park, Fruit Market, Narwal

49 39.33 State NOC

13 ST.Paul Church,Residency Road

06 9.29 Trust/Community MOU

14 Missionary of Charity 18 50.60 Trust/Community MOU

18

S

No.

Location of proposed TW Ward No. Required

land (Mtr.)

Ownership of land MOU/NOC

15 Raina Academy, Paloura 60 39.33 State NOC

16 Bathing Ghat at lohan, Paloura 38 39.33 State NOC

17 PHE Complex, New Plot 16 39.33 State NOC

18 Rajinder Nagar, JDA Phase-I

63 39.33 JDA NOC

19 PHE Complex, Bakshi Nagar 27 39.33 State NOC

715.56

Source: Detailed design and revenue record of the locations

B. Voluntary land contribution

20. Of the total 10 OHTs to be constructed, 01 OHT and 4 tubewells areproposed to be constructed on community land keeping in view the technical feasibility. The land proposed for OHT belongs to the Kailakh Nath Ji prabandhak Committee Asthan (Temple Trust).The Temple Trust has 73890 sq. m of land in their possession from which only 253 sq. m is required for construction of the proposed OHT. Multiple consultations were carried out with the Trust representatives and the land parcel for construction of OHT has been selected mutually. It has been ensured that selected land parcel is free from all kinds of encumbrance and that the proposed structure will not create any hindrances during its operation and maintenance (Noise and pollution from the plant and machineries). The temple trust committee has agreed to provide the land. The impact on land is only 0.34 percent of total land holding of the trust (Table 5). A Memorandum of Understanding (MOU) has been signed between ERA and Temple Trust Committee. A copy of the MOUs has been placed as Appendix 3. 21. It can be seen from Table 5 that the land contribution has been made voluntarily by the communities for the proposed construction of the 4 tube-wells. The locations for the proposed OHTs and Tube-wells have been decided after technical feasibility study and detailed consultations with the stake holders. The percentage impact on the community land for the proposed construction of 4 tube wells is in the range between 1percent to- 5.5 percent. The signed MOUs regarding voluntary contribution of land are placed in Appendix 3. The MOUs were signed by both parties after mutually agreeing on the following: All possible precautions will be taken to avoid damage to land and assets adjacent to the

proposed area of work. Installation of tube well and the pump room shall be located in public premises. The structure for the tube well room to be erected would be in harmony of the

surrounding buildings. The operation of the plant and machinery will not cause disturbance to the occupants of

the adjoining buildings and the noise level will be kept within permission limits. Operation of the plant and machinery would be temporarily suspended during meetings/

congregation, etc. Such suspensions shall be however limited to a maximum of 3 hours in a week with two days prior notice.

Provisions would be made in DPR (Detailed Project Report) to provide direct benefit (Provision of water supply/tap free of cost, etc.).

19

Table 5: Details of MOUs for voluntary land contribution for OHTs and TWs

S.

No

Location and

purpose

Description and

ownership of

land

Khasra

No. as

per

Revenue

Record

Total land

holding in

sq. m

Land donated

through

voluntary

contribution(

sq.m)

%

Impact

Current status

of the land

parcel

1 Missionary of

Charity(Ward

No18)

(Tube Well)

Missionaries of

Charity. Sisters

run a home for the

mentally

challenged.

872 5308 50.60 0.95 The portion of the

Land is open and

not used for any

productive

purposes.

2 Jamia Masjid

Committee

(Idd Gah,

Malik Market)

(Tube Well)

The Land is used

for religious

purposes.

331min 2304 126.50 5.5 The portion of the

Land is open and

not used for any

productive

purposes.

3 Baba

Kalakhnath

Temple Trust.

(Over Head

Tank)

The Land is used

as a temple

campus of Bawa

Kailakh Nath Ji,

Prabandhak

Committee

Asthan.

290 73890 253 0.34 The portion of the

Land is open and

not used for any

productive

purposes.

4 Channi

Himmat,

Panch Mandir

(Sector-2)

(Tube Well)

The Land is used

as a temple

campus of Panch

Mandir Committee

in Green Belt

Park, Channi

Himmat Housing

Colony,

Sec - 2.

2024 50.60 2.5 The portion of the

Land is open and

not used for any

productive

purposes.

5 ST.Paul

Church,Reside

ncy road

TWs

The Land is used

as a Church

Campus of ST.

Paul‘s Church

(Diocese of

Amritsar, CNI).

345 18080 9.29 0.051

The portion of the

Land is open and

used for religious

and community

functions. Only

0.051% of the

total land holding

will be used for

construction of

tube well. This is

a negligible

percentage and

will not have any

impact on any

religious activity.

Source: Detailed Design and Revenue Record from Concerned Revenue Officials

20

C. Temporary impacts 22. The new rising and distribution mains for replacement of wornout pipes will be laid

through the existing main alignments or within the available ROW. It has been found through the

transect walks along with a team of water supply design engineers that on an average available

ROW including the dedicated pedestrian walkway with concrete foot path is 5-7 m in selected

category of roads in Jammu city. The improvement works will be carried out within the ROW in

road shoulders particularly in the side through which the present water supply line passes

through. The maximum required width for laying down of different categories of pipeline (Rising

and distribution main) will be 01 m. However, in certain junctions there may be some temporary

impacts which may disrupt some business activities in terms of temporary impact on the access.

The exact nature of temporary impacts will be known at the time of drawing up of the

construction schedule of the contractor which will be documented and mitigated at the time of

construction3 as per the entitlement matrix of RF on case by case basis. To determine the

extent of temporary impacts due to the laying of rising and distribution main pipelines, transect

walks were undertaken along the proposed networks with focus on the nature of the existing

ROW, density of commercial and residential structure etc.

23. The assessments made through transect walk shows that there will be temporary access losses to 117 residences, 216 commercial establishments and 28 institutions during the laying of rising and distribution main pipelines. There will be no demolition and no relocation of any structures. There will be no impacts on residential structures other than possible access disruptions. List of the residences, commercial establishments and institutions likely to suffer temporary access losses during the laying of the pipelines during subproject implementation is given as Appendix 1. The partial closure of road will follow the time string of action of excavation followed by laying of pipeline, testing of water supply and closure of duct. The access to these shops, residences and institutions will be affected for a maximum of 3 days. The process, outcome and impact of transect walk for rising main has been described through strip plan placed in Appendix 6. 24. Potential temporary impacts of access disruption for all these shops/commercial

establishments, residences and institutions can be mitigated through good construction

practices which will be the responsibility of construction contractors. Measures are identified in

the IEE and include: (i) leaving spaces for access between mounds of soil, (ii) providing

walkways and metal sheets to maintain access across trenches, (iii) increasing the workforce in

front of shops/commercial establishments, (iv) consulting business and institutions regarding

operating hours and factoring this in work schedules, (v) providing advance information on

works to be undertaken including appropriate signages etc. The project contractor will ensure

that there is provision of alternate access during the construction so that there is no closure of

these shops or any loss of clientele. A format titled ―Confirmation from Operator of

Commercial establishment/shop for provision of temporary Access by Contactor” has

been developed which is also part of Environment Management Plan and as per which it would

3 The excavation of trenches for primary lines will lasts for a maximum of 03 days. The construction will be scheduled in such

a way as to minimize disruption.

21

be responsibility of contractor to provide alternate access to the shops/commercial

establishments to the satisfaction of the person affected. The format is appended as Appendix

4. Moreover, as per the contract provisions, the contractor will be required to put back the road

to its original condition after the pipe laying.

25. In case the loss of access to the shops during the construction is not effectively mitigated by provision of alternate access by project contractors same may cause temporary loss of income during the construction for which provision for livelihood allowances have been made in the resettlement plan. There could be temporary disruption of business for certain number of days for which DPs will be provided assistance for this transitional period on a case-to-case basis as per the provisions of the Entitlement Matrix in agreed resettlement framework. A lump sum budgetary provision has been kept in the Resettlement plan for same. The payment of assistance will be made for days of closure, and will be subject to the production of requisite documents4 in support of the claim. Cash assistance will be released after proper verification of documents.

III. Socioeconomic Information and Profile of DPs

A. General

26. IR impacts from the subproject include temporary access losses to 117 residences, 216 commercial establishments and 28 institutions during the laying of rising and distribution main pipelines. Socio-economic profile of the DPs temporarily impacted has been compiled through a survey of the affected DPs. The objective of the survey was to identify the affected households and generate an inventory of social and economic impacts on these project affected households, the structures affected and the socio-economic profile of the affected people. The area falling within the subproject is purely urban in its composition. The population is educated and expose to urban type of living with easy access to services and other delivery systems of the state and private sector providers. Most of them are employed and enjoy a pretty reasonable standard of living as evidenced from the income they derive from their businesses, professions and vocations. B. Socio Economic Profile of Displaced Population

27. The socio economic details of all the DPs are homogenous. Average family size of the

HHs is 05.4. Business, shops and service is the source of income for the DPs. The household

income of the DPs is Rs. >15000/per month. All the HHs belong to the General Category5 and

none is vulnerable. A summary of socio-economic details is given in Table 6.

4 Income certificate or income tax return certificate or any other document proving their income from affected

commercial establishment.

5 The General Category means those persons who do not belong to any reserved category like SC or ST

22

Table 6: Summary of Resettlement Impacts

Particulars Quantity

Temporary impacts during construction

Total number of HHs

333( all suffering temporary

access disruption for a maximum

of 03 days)

HHs losing temporary access to businesses (shops/commercial

establishments)

216

HHs losing access to residences 117

Total institutions losing access temporarily 28

Average Household size of the DPs 5.4

Main source of income of DPs Business/shops, Government

Service etc

Household income of the DPs Rs. >15000/per month

No of Vulnerable DPs Nil

Literary rate of DPs >75%.

Source: Census & Socio-economic survey; transect walks, June, 2011

IV. Information Disclosure, Consultation and Participation

28. The RP was prepared in consultation with stakeholders. Public consultations were

conducted to gather feedback from local people on the proposed development and perceived

socio-economic impacts. Meetings and consultations with relevant Government Departments

were carried out to assess the Project approach. Public consultations through Focus Group

Discussions (FGDs) with people have been carried out. Consultations were also carried out

during the course of environment impact assessment.

29. In the course of preparation of Summary Appraisal Report (SAR) and preparation of

safeguard document, participatory discussion was held with the people around the proposed

water supply line by means of Focus Group Discussions (FGD) in June 2011. These were held

separately with local people, including the youths & the women. Due consideration was given

for stakeholder consultations with the DPs at different levels of RP preparation. Several

numbers of discussions/consultations between September 2010 and June 2011 were held with

community land owners, where the proposed OHTs and TWs will be constructed. The

community/trusts bodies have agreed to provide the land for the purpose of the public cause.

The outcome of those consultations in the form of NOCs and MOUs are placed as Appendix 2

and 3. In addition several rounds of consultations were organized in different localities during

the course of transect walk from 8-11th June, 2011. The signed attendance sheets of

participants as record of consultations have been placed as Appendix 7. The discussion

included sharing information on the proposed project, their needs and perception for a better

urban service and to have their opinion and views about the project & its envisaged benefit to

the people. Following are the summarized outcomes of the consultations:

(i) The work should be completed within the shortest possible time as people face a

23

lot of problems due to the absence of the proposed infrastructure at present especially during the summers;

(ii) Maximum number of people should get benefit from the proposed subproject and proposed augmentation of the drinking water should benefit maximum habitations through an affective distribution strategy;

(iii) People are willing to cooperate by all means to implement the project successfully ;

(iv) Inconvenience and traffic disturbances due to construction work in the city should be minimized as far as possible.

30. To provide for more transparency in planning and for further active involvement of

displaced persons and other stakeholders the project information has been disseminated

through Project Information Bulletin (PIB). The PIB will also be uploaded on ERA website as

part of RP. The PIB will has been prepared in English and Hindi languages and distributed

among Displaced persons (DPs) which will include the following information: (i) a brief

background of the Project, specifically the resettlement impacts; (ii) basis used for valuation, (iii)

the entitlements due to the DPs; (iv) timing and schedule of payments; (v) grievance redress

mechanism; and (vi) contact persons at ERA and the local authorities. The PIB is provided in

Appendix 8. The consultation process will be continued in the entire project cycle.

31. A summary of this Resettlement Plan (RP) (Both in English and Hindi) will be made

available to the DPs by the Executing Agency (EA) for review and comments on the policy and

mitigation measures by means of subproject-level disclosure workshops prior to negotiations.

The summary of the final RP will also be disclosed on the ADB and ERA website. In case of

change in subproject design thereby entailing change in resettlement impacts, a re-evaluation

and updation of the RP will be undertaken. The updated RP will be disclosed to the DPs as well

as uploaded on the ADB and ERA website after ADB review and approval.

32. For the effectiveness of the implementation, it is important to continue involvement of

DPs by the subproject. Several additional rounds of consultations with DPs will form part of the

project implementation. DSC/PSC will be entrusted with the task of conducting these

consultations during RP implementation, which will involve agreements on compensation,

assistance options, and entitlement package and income restoration as will be required based

on the resettlement impacts from the subproject. The consultation will continue throughout the

project implementation.

33. The PMU, with DSC/PSC assistance, will conduct information dissemination sessions in

the subproject area and solicit the help of the local community/ leaders and encourage the

participation of the DP‘s in plan implementation.

34. During the implementation of RP, DSC and PSC will assist PMU in organizing public

meetings, and will appraise the communities about the progress in the implementation of

subproject works. Consultations and focus group discussions will be conducted with women to

ensure that the women groups understand the process and their needs are specifically taken

into consideration.

24

35. Although the present impact does not imply any land or structure acquisition, however in

case the need arises the Collector office at PMU, ERA will organize public meetings to inform

the community about the payment and assistance. In addition, regular update of the program

and resettlement component of the project will be placed for public display at the subproject

offices. The ERA through PMU will maintain an ongoing interaction with DPs to identify

problems and undertake appropriate remedial measures.

V. Grievance Redress Mechanisms

36. The RP will have a mechanism to ensure that the benefits are effectively transferred to

the beneficiaries and will also ensure proper disclosure and public consultation with the affected

population. However, need also exists for an efficient grievance redress mechanism that will

assist the DPs in resolving queries and complaints. The Grievance redress mechanism would

follow the following approach and procedure is depicted in Figure 4.

(i) In case the displaced person has any compliant or grievance, he/she is free to

lodge his/her complaint with the Project Manager JKUSDIP, ERA who will make

efforts to resolve the complaint on ground level itself. The Project Manager will

make efforts to redress the grievance within 2 weeks from the receipt of

grievance.

(ii) In case the DPs are not satisfied or his grievance are not redressed he can take

the matter to Director Safeguards who will ensure that grievance is redressed

with time frame of 3 weeks

(iii) If Director Safeguards can not resolve the compliant or DP is not satisfied with

resolution/ decision, they can take the matter to Grievance Redress Committee

(GRC), which will address the grievance within 4 weeks.

(iv) DPs are free to approach the court of law at anytime on their own will and

expenses.

37. Besides the grievance redress mechanism of the project, state has online grievance

monitoring system known as Awaz-e-Awam (People‘s Voice). The DPs can also lodge their

complaints online at http://www.jkgrievance.nic.in.

Figure 4: Grievance Redress Mechanism

25

1. Information to the DPs about the GRM

38. The DPs will be informed about the Grievance Redress Mechanism under the project

and of the state through public consultations, disclosures and distribution of PIB. The DPs will

also be informed that in case they are not satisfied with the decision of the GRC, or failing the

redressal of grievance; the can take their case/grievances to judiciary.

2. Grievance Redressal Committee (GRC)

39. Grievance Redressal Committee (GRC) has already been established (Order No.

JKERA 25 of 2008 dated 29-01-2008) with the primary objective of providing a mechanism to

mediate conflict and disputes concerning compensation payments and cut down on lengthy

litigation. The GRC will provide people, who might have objections or concerns about their

compensation/assistance, a public forum to raise their objections and through conflict resolution,

address these issues adequately. The committee is headed by the Deputy Commissioner (or his

representative). Following is the composition of GRC.

(i) Deputy Commissioner, Jammu

(ii) Land Collector J&K ERA

(iii) Social and Resettlement Expert J&K ERA

(iv) Deputy Project Manager ERA (I/C sub-project)

(v) PRO J&K ERA

(vi) Local Beopar Mandal /Welfare committee as representatives of DPs

40. The GRC will resolve the grievances within 4 weeks time. It is expected that the GRC

will play a very crucial role in redressing grievances of the DPs, and will help the implementation

of the project as scheduled. The order for formation of GRC has been placed as Appendix 9.

3. Operational Mechanisms of GRC

41. In case, grievance are not addressed at project level by EA the same shall be forwarded

to GRC. The committee established will look into the grievances of the people and will assign

the responsibilities to implement the decisions of the committee. The claims will be reviewed

and resolved within four weeks from the date of submission to the committee. The various

queries, complaints and problems that are likely to be generated among the DPs and that might

require mitigation, include the following:

I. DPs not enlisted;

II. Losses not identified correctly;

III. Compensation/assistance inadequate or not as per entitlement matrix;

IV. Dispute about ownership;

V. Delay in disbursement of compensation/assistance;

26

VI. Improper distribution of compensation/ assistance in case of joint ownership etc.

42. Through public consultations, disclosures and distribution of PIB, the DPs will be

informed that they have a right to grievance redresses. The DPs, who are not satisfied with the

decision of the GRC, or failing the redressal of grievance; the DPs may take the

case/grievances to judiciary.

VI. Legal and Policy Framework

A. Introduction

43. The principles adopted for addressing resettlement issues in the project have been guided by the RF which is consistent with the existing legislations and policies of the Government of India applicable to state of J&K, the Government of Jammu and Kashmir and the Asian Development Bank. The relevant laws and policies which have been analyzed are State Land Acquisition Act 1990 (1934 AD), National Resettlement and Rehabilitation Policy 2007 (NRRP) and ADB‘s Safeguard Policy Statement, (2009). An overview of these applicable acts and the ADB policies on resettlement apart from a comparison of the Government policies with the SPS of ADB is given in Appendix 5. B. Resettlement Framework

44. The RF will govern all adverse social impacts in subprojects in Tranche II and subsequent Tranches and is consistent with the provisions of ADB‘s SPS 2009. The RF for the project has been prepared by the ERA keeping in view the following objectives of SPS 2009.

(i) To avoid involuntary resettlement wherever possible; (ii) To minimize involuntary resettlement by exploring project and design

alternatives; (iii) To enhance, or at least restore, the livelihoods of all displaced persons in real

terms relative to pre-project levels; and (iv) To improve the standards of living of the displaced poor and other vulnerable

groups.

45. The basic principles of Resettlement framework include the following elements:

(i) As a matter of policy, land acquisition, and other involuntary resettlement impacts would be minimized as much as possible;

(ii) Any land acquisition and/or resettlement will be carried out and compensation provided in order to improve or at least restore the pre-Project income and living standards of the affected people;

(iii) Screen the project early on to identify past, present and future resettlement impacts and risks;

(iv) Carry out meaningful consultations with affected people, host communities and concerned key stakeholders on compensation options and prepare Resettlement Plan (RP) in accordance with this Framework;

(v) Payment of compensation for acquired assets at market/replacement rates;

27

(vi) Ensure that DPs without title to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets;

(vii) Payment of compensation for lost land, housing, assets and resettlement allowances in full prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities;

(viii) All compensation and other assistances will be paid to all DPs prior to commencement of civil works6;

(ix) Income restoration and rehabilitation; (x) An Entitlement Matrix for different categories of people affected by the project

has been prepared and provisions will be kept in the budget for those who were not present at the time of census survey. However, people moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition the date of notification for acquisition will be treated as cut-off date. For non-titleholders such as squatters and encroachers, the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date;

(xi) Special attention to vulnerable groups; and, (xii) Establish a grievance redress mechanism to receive and facilitate resolution of

DPs‘ concerns.

VII. Entitlements, Assistance and Benefits

46. The DPs identified in the subproject areas on the cut-off date will be entitled to

compensation for their affected asset or other entitlements as applicable as outlined in the

entitlement matrix. The subproject does not involve any acquisition of land or permanent

resettlement impacts on non-titleholders and the IR impacts are limited to potential temporary

loss of access during the construction to 333 DPs- 216 Shops and 117 residences. While the

cut-off date shall not be applicable for temporary impacts, advance notice will be given

regarding the potential disruption due to the construction activities.

47. A detailed Entitlement Matrix (as per the RF for the project) which lists various types of

subproject losses, identification/eligibility and entitlements and provides for basic parameters for

preparation of compensation and resettlement benefits is provided in Table 7 below.

6 While compensation is required prior to dispossession or displacement of affected people from their assets, the full

resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

28

Table 7: Entitlement Matrix as per the Resettlement Framework

Type of Loss Identification of Affected Households

Entitlement Entitlement Details

A. LOSS OF LAND

1. Loss of Agricultural Land

DPs with legal titles / rights, recognizable legal rights, usufruct and traditional titles / rights for affected land

Land-for-land or compensation in cash at Replacement value.

a. In case of partial impact on land with the remaining land is economically viable for continued use, compensation in cash at replacement cost

7.

b. In case of loss of entire land holding, the DPs will be entitled to: i) Replacement land of equivalent productive potential if available to EA and acceptable to the DPs; OR ii) Where the location is not acceptable to the DPs, compensation in cash for the entire land- holding. c. In case of entire loss of productive land DPs will be entitled to Transition Allowance equivalent to the total income derived from the affected land in the last 2 years. d.In case of replacement land, the cost of registration, stamps etc. will be borne by the project.

Sharecroppers and leaseholders

Compensation in cash

a. Sharecroppers will receive compensation for their share of the loss of crops. b. Leaseholders will receive compensation equivalent to the remaining part of the lease amount; c. Additionally, affected sharecroppers and leaseholders will receive cash assistance equivalent to 6 months of incomes derived from the affected land

8.

2. Loss of residential or commercial land

DPs with legal rights/ titles, recognizable rights or traditional rights to the affected land

Land-for-Land or Compensation at replacement cost

For entire loss of residential, commercial, industrial or institutional land, or where only a part of the land affected but the remaining land is rendered too small according to the local zoning laws: a. where available and feasible DPs will be provided replacement land of similar attributes to that is lost or compensation in cash at replacement cost. b. In case of replacement land, the cost of registration, stamps etc. will be borne by the project.

For loss of residential, commercial, industrial or institutional land with remaining land sufficient in accordance with the zoning law and for remaining affected structure, DPs will be entitled to compensation in cash at replacement cost.

Tenants and leaseholders

Compensation at replacement cost

a. For entire loss of land the Leaseholders will get an equivalent area of leased land or

7 A Divisional Level Committee has been established under the Project. This committee is responsible to make

independent valuation of land based on existing market value. The Committee is also empowered to undertake

8 The Assessment of the income from the land would be assessed by concerned Agriculture Department.

29

Type of Loss Identification of Affected Households

Entitlement Entitlement Details

reimbursement for un-expired lease period. b. In case of partial loss of land Leaseholders will get reimbursement for un-expired lease period for the portion of land lost. -In case of replacement land, the cost of registration, stamps etc. will be borne by the project. c. Tenants will receive rental allowance equivalent to three months rental value. -Compensation for any improvements done by tenants and leaseholders

B: LOSS OF STRUCTURES

3. Loss of structures Owners of affected structures

Compensation in cash at replacement cost

For partial loss of structure and the remaining structure viable for continued use, DPs will be entitled to compensation for the affected part of the structures calculated as per the latest prevailing Basic Schedule of Rates (BSR) without depreciation or deductions for salvaged material; and Repair allowance for improvement of the remaining structure where applicable @ 10% of compensation calculated for the affected part of structure.

For entire loss of structures or where only partial impact, but the remaining structure is rendered unviable for continued use: -DPs will be entitled to compensation for the entire structure calculated as per the latest prevailing Basic Schedule of Rates (BSR) without depreciation or deductions for salvaged material; -Right to salvage material from demolished structure; and -A lump sum transfer grant at the rate of Rs. 3,000 for temporary, Rs. 4,000 for semi-permanent, and Rs. 10,000 for permanent structure for shifting household assets and other belongings to the new area.

Tenants and leaseholders of affected structures

Rental Assistance a) Tenants would only be given rental assistance on a case-by-case basis in the form of grant for a period of three months. b) Additional structures erected by tenants will also be compensated and deducted from owner‘s compensation amount. c) Any advance deposited by the tenants or leaseholders will be deducted from owners total compensation package.

4. Impact on market place / shops/businesses / commercial enterprises

Titleholder (Owner Operator ) & non-titleholder (tenants Operator,) losing/shops/ commercial enterprise.

Relocation Assistance

Affected enterprise whose commercial structure can no longer be used for commercial purpose as a result of the Project impact will be provided with the following options: a) All operators will be provided cash compensation as decided by the DLC on case to case basis depending upon their income, size and location of the shop

Or Project assisted relocation option where available will be based on i) Owner Operator: Will be given a shop in lieu of

30

Type of Loss Identification of Affected Households

Entitlement Entitlement Details

compensation with same ownership status. No additional compensation will be paid to him/her. ii) Tenant Operator: Will be provided shop on rent. For first 3 months, no rent will be charged and after three months tenants will have to pay the agreed rent. Or If a tenant wishes to own the same, he/she has to pay the cost of the shop. Those opting for this option will not be paid cash compensation for their structure loss. b) A lump sum transfer grant at the rate of Rs. 3000 for temporary, Rs. 4,000 for Semi-temporary and Rs. 10,000 for permanent structures for shifting of assets and other belonging to new area; and c) Right to salvage material from demolished structure.

C: LOSS OF CROPS & TREES

5. Loss of crops and trees

Owner / operators /Tenants affected

Compensation at ‗market value‘

a) Advance notice to DPs to harvest their crops. b) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops based on average production. c) Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be computed by concerned department. d) In case of fruit trees, compensation at average fruit production to be computed by concerned department.

D: LOSS OF LIVELIHOOD SOURCE

6. Loss of primary source of income

Titleholders losing income through business

Transitional assistance

DPs losing their business establishment due to displacement will be assisted in the form of a grant for the days of closure up to a maximum of three months of their income from affected business.

Titleholders losing income from loss of agricultural land

Assistance for income restoration

DPs will be entitled to income restoration assistance / vocational training/ skill up gradation options as per DPs choice equivalent to a maximum of Rs. 10,000 per affected household. Specific income restoration measure will be decided in consultation with the people based on their needs and priorities.

Non-titleholders namely squatters and encroachers losing primary source of income

Assistance for income restoration

DPs losing their business establishment due to displacement will be assisted in the form of a grant equivalent to three months of their income from affected business. DPs will be entitled to income restoration assistance / vocational training/ skill up gradation options as per DPs choice equivalent to a maximum of Rs. 10,000 per affected household. Specific income restoration measure will be decided in consultation with the people based on their needs and priorities.

Wage earning employees affected in terms of loss of employment

Transitional Assistance

Employees affected in terms of loss of employment due to displacement of commercial structure will be given lump sum transitional assistance equivalent to Rs. 3,000/month for

31

Type of Loss Identification of Affected Households

Entitlement Entitlement Details

three months.

E: LOSSES OF NON-TITLEHOLDERS

7. Encroachers Households No compensation for land

a) Encroachers will be given a one month notice to remove their assets that will be affected. b) Right to salvage material from demolished structure. c) Compensation for affected structures at replacement.

8. Squatters and informal settlers

Households No compensation for land but compensation for structure at replacement cost and other assistance

a) Squatters will be notified with one month notice in which to remove their assets that will be affected. b) Compensation for loss of structure at replacement value. c) A lump sum shifting allowance of Rs. 3000 for temporary, Rs. 4000 for semi-permanent and Rs. 10,000 for permanent structures. d) Right to salvage material from demolished structure.

F: TEMPORARY IMPACTS

9. Temporary impacts on land and other assets during construction

Owner / Operator of affected assets

Cash compensation for affected assets and for loss of income potential

1. Compensation for affected standing crops and trees as per the market rates. 2. In case of impacts on land: -Restoration of land to its previous or better quality. -Contractor to negotiate a rental rate with the owner for temporary possession of land. -Compensation for crop losses for the duration of temporary occupation plus one more year necessary for the soil to be adequately prepared to its original productive potential.- Project and contractor to ensure that persons other than the owner affected as a result of the temporary acquisition are compensated for the temporary period. 3. Compensation in cash for the loss of income due to temporary loss of access for the duration of the impact. 4. In case of any impact on the properties (structure) during construction. -The contractor will restore the impacted structure to its previous condition before handing over to the owners. 5. Any temporary acquisition of land for the project will be done in accordance with the prevalent local laws.

G: LOSS OF COMMON PROPERTY RESOURCES

10. Loss of Common Property Resources

Affected community/Institution responsible

Cash compensation /Reconstruction

Cash compensation at replacement value or reconstruction of the community structure in consultation with the community/institution.

H: REHABILITATION MEASURES

11. Additional assistance to vulnerable groups

9

Households categorized as vulnerable

Lump sum assistance

Additional lump sum assistance of Rs 5,000 per household to vulnerable groups such as – female headed households, households with disabled

9 The group of population considered socially “vulnerable” comprise of – (a) Those who are below the poverty

line(BPL); (b) Those who belong to Schedule Caste(SC), Schedule Tribes(ST); (c) Female Headed

Households(FHH); (d) Elderly and (e) Disabled persons.

32

Type of Loss Identification of Affected Households

Entitlement Entitlement Details

family members, households below poverty line, scheduled tribe and scheduled caste households, etc.

I: UNIDENTIFIED IMPACTS

12. Any unanticipated adverse impacts due to project intervention

Any unanticipated consequence of the project will be documented and mitigated based on the spirit of the principles agreed upon in this policy framework.

VIII. Income Restoration and Rehabilitation

48. A total of 216 shops will suffer temporary access disruption during laying of rising and

distribution main pipelines for a maximum of 03 days due to which some business activities

may be temporarily disrupted due to disruption in access. Temporary impact in terms of

potential access loss to some commercial establishments/shops has been found during transect

walk. No other encroachers or squatters or kiosks were found during the transect walk or

engineering survey who are occupying or utilizing the ROW for business or residential

purposes.

49. Potential temporary impacts of access disruption for all these shops/commercial

establishments can be mitigated through good construction practices which will be the

responsibility of construction contractors. Measures are identified in the IEE and include: (i)

leaving spaces for access between mounds of soil, (ii) providing walkways and metal sheets to

maintain access across trenches, (iii) increasing the workforce in front of shops/commercial

establishments, (iv) consulting business and institutions regarding operating hours and factoring

this in work schedules, (v) providing advance information on works to be undertaken including

appropriate signages etc. The project contractor will ensure that there is provision of alternate

access during the construction so that there is no closure of these shops or any loss of

clientage. A format titled ―Confirmation from Operator of Commercial establishment/shop

for provision of temporary Access by Contactor” has been developed which is also part of

Environment Management Plan and as per which it would be responsibility of contractor to

provide alternate access to the shops/commercial establishments to the satisfaction of the

person affected. The format is appended as Appendix 4.

50. The contractor will prepare advance plan accordingly and include in the construction

schedule. The contractor will provide alternative access to shops affected by temporary loss of

access thus there will be no loss of incomes. Should construction activities result in unavoidable

livelihood disruption, compensation for lost income or a transitional allowance for the period of

disruption whichever is greater will be provided. Temporary disruption in livelihood will be

mitigated on case to case basis and adequate contingency amount has been provisioned in the

resettlement budget for the same. This process will be approved and monitored by ERA case by

case basis as part of the internal monitoring exercise. The process and mitigation measures

would be documented as part of the internal monitoring report.

33

IX. Resettlement Budget & Financing Plan

51. The resettlement cost estimate for this subproject includes lump sum contingency

amount for assistance for temporary income losses due to access disruption during

construction.The total resettlement cost for the subproject is INR 11, 00,000/-(20636USD). The

resettlement cost items and estimates are outlined in Table 8.

R&R cost estimate outlined below involves lump sum assistance for income loss which will be

worked out on case to case basis during construction as per the actual impacts.

52. The cost will be borne by the EA. The EA will ensure allocation of funds and availability

of resources for smooth implementation of the subproject R&R activities. The EA will, in

advance, initiate the process and will try to keep the approval for the R&R budget in the fiscal

budget.

Table 8: Resettlement Budget & Cost Estimates

S.

No Particulars/Items Quantity

Rate of

Entitlement

Estimated Total

in INR

A. Cost for mitigating unanticipated Impact

Includes income loss due to temporary

impact Lump sum Basis* 10,00,000

Total Cost A 10,00,000

Contingency (10% of the total cost)

1,00,000

Grand Total 11,00,000

( 1.1 Million INR)

(20636 USD)

*Contingency amount to address unanticipated livelihood disruption impacts which will be mitigated on case

to case basis as per the actual disruption in livelihood.

X. Institutional Arrangement

53. J&K Economic Reconstruction Agency (ERA) is a Special Purpose Vehicle (SPV) for

implementation of externally aided projects in the state of Jammu & Kashmir. The main

objective of J&K ERA is to plan, design and execute externally aided projects on behalf of the

Govt. of Jammu & Kashmir aimed at socio economic development of the state.

54. Economic Reconstruction Agency (ERA) is assisted by set of institutions at various

levels which includes Project Management Unit (PMU), Project Implementations Unit (PIU),

Design Supervision Consultants (DSC), and Project Support Consultants (PSC). Project

Management Unit (PMU) has been established which is headed by Chief Executive Officer

(Project Director) supported by 6 (six) Directors responsible for specific divisions. Director

(Central) is responsible for day to day functioning of JKUSDIP and is assisted by the Project

Implementation Unit (PIU) headed by Project Manager. Another senior officer (Director

34

Safeguards) also reporting directly to the CEO is responsible to ensure compliance with

environmental and social safeguard policies.

55. Project Implementation Unit (PIU) has been established in both the division of the state

for the implementation of sub-projects. The PIU is headed by the Project Manager (PM) who is

of the rank of Superintendent Engineer. Some of the specific tasks to be performed by PIU

include: 1) Placing of indent for acquisition of land and authentication of the revenue

documents prepared by the CLA; 2) Coordinating with district administration for land acquisition;

3) Supervision of the construction work; 4) Organize the disbursement of assistance to DPs;

4)Participating in regular meetings in GRC.

56. The Social Safeguards Unit at the PMU headed by Director Safeguards will monitor the

R&R activities. The Social and Resettlement Experts of DSC‘s and PSC‘s will help unit in

preparation, implementation and monitoring of resettlement Plans in accordance with the ADB‘s

SPS 2009. The major responsibilities includes 1) Ensuring project compliance with loan

covenants.2)Oversee internal monitoring of resettlement implementation; and 3)Monitor

physical and financial progress on land acquisition and R&R activities; and

57. The Collectorate Office is headed by Collector Land Acquisition (CLA) who is of the rank

of Assistant Commissioner (Revenue) or above. The CLA is supported by Lower Revenue

Officials. The major roles and responsibility include: 1) Preparation of the Revenue Documents

(Sharja/Khasra) and Issuance of Land Acquisition notification, 2) Preparation of the award of

compensation, and 3) Verifying and distributing the compensation among the rightful owners.

58. High powered Committee known as Divisional Level Committee (DLC) has been

constituted with a view to fast track the implementation of RP for sub-projects being executed/

proposed to be executed by J&K Economic Reconstruction Agency (ERA) under Loan-II viz J&K

Urban Sector Development Investment Programme (JKUSDIP). The Committee has been

constituted by General Administration Department (GAD) of Government of Jammu & Kashmir

vide no. 605 of 2011 dated 25-05-2011(Appendix 10) with the following composition:-

1. Divisional Commissioner, Jammu Chairman 2. Chief Conservator of Forests Jammu Member 3. IG Traffic J&K Member 4. Deputy Commissioner, Jammu Member 5. Vice Chairman JDA Member 6. Commissioner, Jammu Municipal Corporation, Member 7. Chief Engineer PHE Jammu Member 8. Chief Engineer EM&RC Jammu Member 9. Chief Engineer UEED Jammu Member 10. Chief Engineer PW(R&B) Jammu Member 11. Director Central J&K ERA Member Secretary

59. The roles and responsibilities of various agencies to be involved in resettlement planning

process and implementation of resettlement activities under the project are summarized in

Table 9.

35

Table 9: Agencies Responsible for Resettlement Implementation

Activity Agency Responsible

Establishment of Resettlement Units in PMU and appointment of Resettlement officer (RO)

PMU

Organizing resettlement training workshop Safeguard Unit PMU

Social Assessment and Preparation of land acquisition plan, Resettlement Plan (RP)

Safeguard Unit, PMU through DSC and PSC

Public consultation and disclosure of RP Safeguard Unit PMU /PIU/ DSC, PSC

Co-ordination with district administration for land acquisition PIU/ Design Consultant/ Collector LA.

Declaration of cut-off date PMU/PIU/ Collector Land Acquisition.

Review and obtaining of approval of resettlement plan from ADB PMU

Submission of land acquisition proposals (Indent) to Collector Land Acquisition

PIU

Conducting of Private Negotiation with Displaced Persons DLC /Collector Land Acquisition/PIU

Compensation award and payment of compensation Collector Land Acquisition

Payment of replacement cost and allowance Collector Land Acquisition

Taking possession of acquired land and structures PIU/Collector Land Acquisition

Construction of Relocation site for the Displaced Persons. PMU/PIU

Handing over the acquired land to contractors for Construction

PIU

Notify the date of commencement of construction to DPs PIU

Assistance in relocation, particularly for vulnerable groups PMU/PIU

Internal monitoring of overall RP Implementation PMU through DSC and PSC

External Monitoring External Monitor

60. An organogram for the institutional arrangement is presented below in Figure: 5.

Figure:5 Organogram for the Institutional Arrangement

(Source: ERA website)

36

XI. Implementation Schedule

A. Introduction

61. Implementation of this RP mainly consists of assistance for income loss which will be

mitigated on case to case basis during construction as per the actual impact. The time for

implementation of resettlement plan will be scheduled as per the overall project implementation.

Public consultation, internal monitoring and grievance redress will be undertaken throughout the

project duration. However, the schedule is subject to modification depending on the progress of

the project activities.

B. Resettlement Implementation schedule

62. A composite implementation schedule for R&R activities in the subproject including

various sub tasks and time line matching with civil work schedule is prepared and presented in

the form of Table 8.

63. However, the sequence may change or delays may occur due to circumstances beyond

the control of the project and accordingly the timeline can be adjusted for the implementation of

the plan. A composite implementation schedule for R&R activities in the subproject including

various sub tasks and time line matching with civil work schedule is prepared and presented in

the form of Table 10.

Table 9: R&R Implementation Schedule

PROJECT COMPONENT/

ACTIVITIES

Year 2010 Year 2011 Year 2012

Q

1 Q 2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1 Q 2

Q

3

Q

4

A. RP Implementation Stage

Obtaining approval of RP from

ADB

Disclosure of RP

Public consultation

Information Campaign &

Community Consultation

Issuance of notice to DPs

Payment of Assistance towards

temporary disruption of access

( Actual impacts will be

identified, mitigated and

payment of compensation

made along the project cycle)

37

PROJECT COMPONENT/

ACTIVITIES

Year 2010 Year 2011 Year 2012

Q

1 Q 2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1 Q 2

Q

3

Q

4

A. Monitoring and Reporting

Internal Monitoring

XII. Monitoring and Reporting

A. Internal Monitoring at the Executing Agency (EA) Level

64. As this subproject falls under the IR category B with insignificant Resettlement impacts it

will not require any external monitoring. Internal Monitoring will be a regular activity for the PMU,

which will oversee the timely implementation of R&R activities. Internal Monitoring will be carried

out by the PMU through DSC and PSC. The primary responsibility of the preparation of the

monitoring reports for submission to the ADB will be of DSC and which will be reviewed by the

PSC before submission to ADB through ERA. DSC will collect all the required information and

assimilate it in the form of a report which will be submitted to PSC for review and finalisation in

consultation with ERA for onward submission to ADB. Internal monitoring will have the following

objectives:

(i) Compensation and other entitlements are computed at replacement rates and

procedures as provided in the approved RP, without any discrimination on the grounds

of gender, ethnic or religious group or any other factor;

(ii) DPs are paid their compensation and other entitlements as per approved RP, including

compensation in cash, allowances;

(iii) Income restoration activities are implemented as specified in the RP; and,

(iv) Public information, public consultation and grievance redress procedures are followed as

specified in RP;

B. Reporting

65. The Executing Agency will submit semi-annual monitoring reports to ADB detailing the

progress of implementation of the RP and rehabilitation status of displaced persons. A template

for monitoring reports is in Appendix 11 which outlines the necessary type of information to be

reported in each semi-annual report.

10

Appendix 1. List of Shops/Commercial Establishments; residences and institutions suffer

temporary access disruption due laying of Rising and Distribution Main Pipelines

Table 1. List of Shops/Commercial Establishments

Channi Himmat Distribution starting point near OHT/PDD Office Channi Himat

Sector 1

S. No Affected person/property Impact

1. Yours Beauty parlour Temporary access

2. Gazi Nursery Flower Shop Temporary access

3. Nursery Flower Shop Near Baba Nursery Temporary access

4. Baba nursery Temporary access

5. Medi Aids Nursing Home Temporary access

6. Ajanta Provisional Store Temporary access

7. JK Importer Nursery Plot 12 C Channi Himat Temporary access

8. Koshaliya Nursery Opposite JK Importer

Nursery

Temporary access.

9. Nidan Diagnostic Lab Temporary access.

10. Tyre Repair Shop C/o Sahi‘s Temporary access.

11. Sardari Lal Dogra‘s Tea Stall Temporary access

12. Govind Rams Dhaba Temporary access

13. Prashotam Singhs Dhaba Temporary access

14. Om Prakash Sharmas Tyre Repairing Shop Temporary access

15. Mulk Raj & Sons Grocery Shop Temporary access

16. Guru Har kishan Medicare Shop No 7 Sector 2 Temporary Access

17. Gautham medicos Temporary Access

18. Thapa Chicken and Egg Store Temporary Access

19. Jai Shankar Pan House Temporary Access

20. Karan STD Booth Temporary Access

21. Satyam Driving Institute Temporary Access

11

22. Om Digital Studio Sector 3 Temporary Access

23. Lovely Digital Photo Studio Temporary Access

24. Iges Institute of Nursing Temporary Access

25. Jaidata Property Dealers Temporary Access

26. Sharma sweet Shop Temporary Access

27. Anmol Stationery Temporary Access

28. Shakti Cement Store Temporary Access

29. Dinish Building Material Temporary Access

30. Surya Milk Temporary Access

31. Aircel Mobile Shop Temporary Access

32. Big Bakers Temporary Access

33. Modern Sanitation Temporary Access

34. Mint leaf Kitchen and Coffee Bar Temporary access

35. SNS GYM Temporary access

36. Divya Driving Institue Temporary access

37. Life Spring Beauty Store Temporary access

38. Apollo Bone and Joint Clinic C/o Dr S S padda Temporary access

39. Mahajan Departmental Store Temporary access

40. Sharma General Store Temporary access

Shops from right and left side lanes at House of Mr. Kuldeep Khudda IPS No 1/A

Sector 1 Chani Himmat

41. Oyster Boutique 272/2 Channi Hmat Temporary access

42. Canvenio Provisional Store near house No 4

Sector 2 Channi Himat

Temporary access

43. Richis Provisional Store Opposite 362/1 Temporary access

44. Gemini point 17/2 Channi Himat

Temporary access

12

Main Road Channi Himmat Parallel to Railway Line Left and Right Sides

45. STD/ISD/PCO shop Temporary access

46. Ranjeet Drycleaners Temporary access

47. Shiva Autoworks Temporary access

48. Cycle & Tyre repairing shop c/o Mr. Deepak Temporary access

49. Jewel Tea Stall Temporary access

50. Ankush Auto Works c/o Mr. Kalu Temporary access

51. Assla Automobiles closed, Temporary access

52. Assla Automobiles Temporary access

53. Mahajan Electricals Temporary access

54. Asian Sanitary c/o Mr. Ajay Gupta Temporary access

55. Asian Tour & Travels Temporary access

56. G.K. Traders c/o Mr. Kameshwar Temporary access

57. Vicky Electricals c/o Mr. Vikash Chopra Temporary access

58. Baba‘s Grocery c/o Mr. Neeraj Temporary access

59. Adequate Fashion Looks c/o Mr. Kamod

Sharma

Temporary access

60. C H Distributors Temporary access

61. Frozen Treats Temporary access

62. Mahajan Property Temporary access

63. Bombay Dyeing Temporary access

64. Veg Non Veg food Shop Temporary access

65. Aircel Mobile Temporary access

66. Aarati Agencies Temporary access

67. Best Parlour Temporary access

68. Mobile Accessories Shops Temporary access

69. Laxmi Glass House Temporary access

13

70. Shake Up Provision Shop Temporary access

71. Sweet World Temporary access

72. Mahajans shop Temporary access

73. Thapa Cycle Shop Temporary access

74. Sai Building Material Temporary access

75. Royal Property Temporary access

76. Reliance Communications Temporary access

77. Sangam Departmental Store Temporary access

78. Whirlpool Appliances Shop Temporary access

79. P K Shoes Temporary access

80. Chopra Sanitary Temporary access

81. Juice Corner Temporary access

82. V K Automobiles Temporary access

83. Shiva Grocery Temporary access

84. Dr. Sanyogitary‘s Shop Temporary access

85. Nanda Mithai Cage Temporary access

86. Maha Laxmi Departmental Store Temporary access

87. AGS Fashion Clothing Temporary access

88. Singh Food Junction Temporary access

89. Mahajans Shop Temporary access

90. Habib Beauty Saloon Temporary access

91. Gori Shanker Medicare Temporary access

92. Bags and More Shops Temporary access

93. Vishal Provisional Store Temporary access

94. National Builders Temporary access

95. Rohit Provisional Store Temporary access

96. Chowdhary Milk Products Temporary access

14

97. Sunflame C/o Parth Gift and kitchen Store Temporary access

98. Amar Ply Board and Hardware Temporary access of 5 mts.

99. Jai Hind Tower Dhaba (food Shop) Temporary access

100. Eva Technology Temporary access

101. Family Corner Temporary access

102. Tummy Says Yummy food Shop Temporary access

103. Chicken In Temporary access

104. M S Agencies Temporary access

105. Anil Building Material Temporary access

106. H P Gas Shop Temporary access

107. Kitchen Collection Temporary access

108. Rubal Stores Temporary access

109. Arora Enterprises Temporary access

110. M/s Paul Enterprises Temporary access

111. Sizzlers Restaurant Temporary access

112. Tandoor Nights Restaurant Temporary access

113. Splash Furniture Temporary access

Deeli Distribution Mains Starting point near Bridge over Gangyal Nallah

114. 2 No Kabadi Shops Temporary access

115. Ajay kiryana Store Temporary access

116. Jimmy Properties Temporary access

117. 4 No Kabadi (Scrap) Shops after jimmy

Properties

Temporary access

118. Om Shri Laxmi Medicate Temporary access

119. Pajotra Mobile Shop Temporary access

120. Jyoti Box Maker Temporary access

121. Sayana Ladies Tailors Temporary access

15

122. Om Electrical Opposite Temple Temporary access

123. Narinder Kumar‘s STD Shops Temporary access

124. Bengal Flower Accessories Temporary access

125. M/s Kunal Medicos Temporary access

126. Jyoti Building Materials Temporary access

127. Joinery Shop near Royal Apartment Temporary access

128. TR Provision Store near Royal Apartment Temporary access

129. Sunny Beauty Saloon near Royal Apartment Temporary access

130. Sunil Dry Cleaners Temporary access

131. M/s Gupta Departmental Store Temporary access

132. Ms Pradeep Traders Temporary access

133. Rronak Interiors Temporary access

Fruit market Narwal Rising Main

134. Dhaba C/o Pritam Singh Temporary Access

135. Sai Service Station Temporary Access

136. Madina Tyre Shop(Tyre Repair Temporary Access

137. Sanju Punjabi Dhaba C/o Transport nagar Temporary Access

138. Rakesh Kumar Temporary Vegetable Stall C/o

Transport Nagar Jammu

Temporary Access

139. M/s Raj Tyre Store Co C/o Main Road Narwal Temporary Access

140. Sharma Medical Hall C/o Main Road Narwal Temporary Access

141. Raju‘s Shop C/o main Road Narwal Temporary Access

142. Deepu‘s Auto-repair Shop Main Road Narwal Temporary Access

143. Halal Meat Shop C/o Main Road Narwal Temporary Access

144. Sharma Tea Stall Temporary Access

145. R K Photo Flash C/o Main Road Narwal Temporary Access

146. Sharma Punjabi Tailor C/o Main Road Narwal Temporary Access

16

Wazarat road, Rising Main

147. Allied Trading Corporation (Samsung) Temporary Access

148. Rambir Watch Co Temporary Access

149. Mahavir Trading Co. Temporary Access

150. Benson Engineering & Diesel Sets Pvt. Ltd. Temporary Access

New, Plot Rising Main

151. Bhat Medical Store C/o Chunni Lal Bhat Temporary Access

152. Shanti Garments Temporary Access

153. Sharma General Store Temporary Access

154. Krishna Building Temporary Access

155. Satish Karyana Store Temporary Access

156. Bhawani Studio Temporary Access

157. Sharma Marble House Temporary Access

158. Lakshmir Property Dealer Temporary Access

159. Tailors Shop near Lakshmir Property Dealer Temporary Access

160. Max Diagnostic Centre 2nd Floor Temporary Access

161. Leela‘s Studio Temporary Access

162. Beauty Parlour near Leela‘s Studio Temporary Access

163. Painters Shop Temporary Access

164. Chnagotra Egg and Chicken Corner Temporary Access

165. Subash Cheese Corner Temporary Access

166. National Network Temporary Access

167. Natraj Studio C/o Rajesh Sharma Temporary Access

168. Prince Photocopy Shop Temporary Access

169. Abrol Stationery House Temporary Access

170. Fresh Juice Shop Temporary Access

171. Madan Cloth House Temporary Access

17

172. Sharma Provision Store Temporary Access

173. Dheeraj Communications Temporary Access

174. Gupta Sweet Shop Temporary Access

175. Standard Quality (Dayal House) Stationery

Shop

Temporary Access

176. A K Traders Temporary Access

177. Jewellery Shop near AK Traders Temporary Access

178. Decorative Items Shop near A K Traders Temporary Access

179. Jandyal Sweet Shop Temporary Access

180. Babu Traders Temporary Access

181. Shoodh Eye Centre Temporary Access

182. Nidan Diagnostics Temporary Access

183. Jewellery Shop Temporary Access

184. Gupta Enterprises(Refrigerator Repairing

Shop)

Temporary Access

185. Anand Stove Works Temporary Access

186. Madan Steel Works Temporary Access

187. Goodwill Spare & Service Centre ( Car

Washing)

Temporary Access

188. Vikram Designer Shop Temporary Access

189. Vishal Bar & Restaurant Temporary Access

190. Verma Jewelers Temporary Access

191. Vivida Mobile Repairing Shop Temporary Access

192. Jain General Store Temporary Access

193. Parvati Textiles Temporary Access

194. Mattoo Dispensary Temporary Access

195. Malhotra Bartan Store Temporary Access

196. Guru Ravi Dass Work Shop Temporary Access

18

Bikram Chowk, distribution main

197. Maruti Medical Temporary Access

198. Mahalaxmi Medical Store Temporary Access

199. Kesjav Chemicals Temporary Access

200. Dogra Watch Houase Temporary Access

201. Balgotra Vaishno Bhaba Temporary Access

202. Balgotra Bakery Temporary Access

203. Jandyal General Store Temporary Access

204. Gurmeet Bakert Temporary Access

205. Balgotra Fast Food Temporary Access

206. Balgotra Baishno Dhaba Temporary Access

207. Grocery Shop Temporary Access

208. Purshotam & Brothers Stationery Shop Temporary Access

209. Sharma Sweets Temporary Access

210. Stationery Shop near Sharma Sweets Temporary Access

211. STD Shop Temporary Access

212. Bansi Wine Shop Temporary Access

213. Shoe Shop Temporary Access

214. Saloon Temporary Access

215. Cigratte Shop Temporary Access

216. Dhaba near Durga Mandir Temporary Access

19

Table 2. List of Residences

Channi Himmat Distribution starting point near OHT/PDD Office Channi Himat

Sector 1

S. No Affected person/property Impact

1. Residential House near PDD office Temporary access.

2. Residential House after nursing home Temporary access

3. Residential House near PNB ATM and

Bank

Temporary access

4. Residentail House of D S Sharma H No 11

Sec 6 Channi Himat

Temporary access

5. Residential Home after Koshaliya Nursery Temporary access.

6. Residential House C/o Kapoor Villa Temporary access

7. House of Ravi Kher and Kunal Kher Sec

8/1 Channi Himat

Temporary access

8. Serweshwar Niwas House No 7 Sec 1

Channi Himat

Temporary access

9. Residential House after open Plot Temporary access

10. Anand Kunj 4/1 Channi Himat Temporary access

11. Satchitananda C/o Gulathia‘s 21/6 Channi

Himat

Temporary access

12. House No 2/1 Channi Himat Temporary access

13. House No 23 A Sector 6 Temporary access

14. Kuldeep Khudda IPS House No 1/A Sector

1 Channi Himmat

Temporary access

15. House NO 52/5 Temporary access

16. House NO 53/5 C/o Malti Niwas Temporary access

17. House No 61/5 C/o Sarla Kutir Temporary access

18. House no 62/5 Temporary access

20

19. House no 63/5 Temporary access.

20. Residential House opposite Sardari Lal

Dogra‘s Tea Stall

Temporary access

21. Residential House No 78/5 C/o Dr Amit

Gupta

Temporary access

22. Residential House of Raj Kumar Arora Temporary access

23. Residential House near Sharma Sweet

Shop

Temporary access

24. House near Modern Sanitation Temporary access

25. Dr. Romesh Khajuria 145/3 Temporary access.

26. House No 146/3 Channi HImat Dream

House

Temporary access

27. 4/458 Residential House Temporary access

28.

Residential house opposite 4/458 Temporary access

29. House no 459/4 Temporary access

30.

House Wani and Co Temporary access

31. House no 529/4 Opposite Mahajan

Departmental Store

Temporary access

32. House no 157/3 Temporary access

33. House no 158/3 Temporary access

34. House no 531/4 Temporary access

35. House no 162/3 Temporary access

36. House No 533/4 Temporary access

37. House opposite No 533/4 Temporary access

38. House no 535/4 Temporary access

21

Residences from right and left side lanes at House of Mr. Kuldeep Khudda IPS No

1/A Sector 1 Chani Himmat

39. House Opposite House No 1 A /1 Temporary access

40. House No 275 /2 Temporary access

41. House of S Ajit Singh No 275/2 Temporary access

42. Trivarutham House No 273/2 Temporary access

43. House Opposite House no 273/2 Temporary access

44. 49/1 House of Dr. H L Goswami Temporary access

45. 55/1 House of Ashok Gupta (Ramni

Niwas)

Temporary access

46. K C Bhagat House No 5 Sector 2 Channi

Himat

Temporary access

47. House No 61/1 Temporary access

48. House opposite House No 61/1 Temporary access

49. House No 62/1 Nainiwas C/o Er. Gurudev Temporary access

50. House opposite House No 62/1 Nainiwas

C/o Er. Gurudev

Temporary access

51. Samreet Singh House No 8/2 Channi

Himat

Temporary access

52. House No 64/1 Temporary access

53. House near House No 64/1 Temporary access

54. Nanda Niwas 66/1 Temporary access

55. House Opposite Nanda Niwas 66/1 Temporary access

56. Sdhiana House No 362/1 Temporary access

57. Richis Provisional Store Opposite 362/1 Temporary access

58. Gemini point 17/2 Channi Himat Temporary access

59. House of Prof R L Sharma House NO 18/2 Temporary access

22

60. House No 3 Sector 5 Ishar Niwas Temporary access

61. House No 4/5 Temporary access

62. House No 7 Dr. Sudarshan Kumar Gupta Temporary access

63. Raj Niwas House No 8/5 Temporary access

64. House No 9/5 Temporary access

65. Gupta House C/o Sudhir Gupta House no

10/5

Temporary access

66.

Nirmala Kutir 163./6 Temporary access

67. House No 11/5 Temporary access

68.

Thakur House no 12/5 Temporary access

69. House No 13/5 Temporary access

70. House No 15/5 S K Sawnney Temporary access

71. House No 16/5 Satya Prabu Kutir Temporary access

72. Khajuriya Bhawan C/o Officers Mess

CRPF

Temporary access

73. House No 21/5 Temporary access

74. House No 24/5 Temporary access

75. Sulaikha Niwas Temporary access

Deeli Distribution Mains Starting point near Bridge over Gangyal Nallah

76. House No 500/7 Temporary access

77. Sri Dham C/o Goels Sec 7 Extension near

Peer Baba Mandir

Temporary access

78. House near Goels House Temporary access

79. House opposite 4 No Shops Temporary access

23

Wazarat road, rising main

89. House of J C Kohli C/o Wazarat Road Temporary Access

90. Siddharta Showroom Farments, Wazarat

Road

Temporary Access

91. Residential House near Siddharta

Showroom

Temporary Access

92. House No WW 3200 of Sh Harpal Singh

C/o Tehsil Road Jammu(3 Mt. Wide Gate)

Temporary Access

93. House near House No 3200 Temporary Access

94. Ministers Residence Temporary Access

95. Government Quarters Temporary Access

96. Chief Secretary Residence Temporary Access

New Plot, Rising Main

97. Residential House near PHE Complex Temporary Access

98. House of Dr. Madam Gandotra Temporary Access

80. Residential House near Mobile Shop Temporary access

81. Residential House after Sayana Ladies

Tailors

Temporary access

82.

House of Radha Swani Prem Nath Adarsh

Vihar

Temporary access

83. House No 165 Temporary access

84. House no 187/B Temporary access

85. 2 Shops Closed Temporary access

86. House no 185/AB Temporary access

87. Jandiyal Niwas House No 183 Adarsh

vihar

Temporary access

88. Residential House near Rronak Interiors Temporary access

24

99. House of Aushotosh Khajuria Temporary Access

100. Vishesh Gupta House No 20 New Plot Temporary Access

101. M L Gupta House No 28 Temporary Access

102. Sh Suresh Mahajan‘s House no 38 E New

Plot

Temporary Access

103. House of Dev Raj House no 38 D New

Plot

Temporary Access

104. House of Varun Singh Temporary Access

105. Residential House near Madan Cloth

House

Temporary Access

106. Residential house near Jandyal Sweets

Shop

Temporary Access

107. Residential House near Nidan Diagnostics Temporary Access

108. Residential House near Nidan Diagnostics Temporary Access

109. Residential House near car accessories

shop

Temporary Access

110. Residential House near Gupta Enterprises Temporary Access

111. Residential Hosue near Madan Steel

Wroks

Temporary Access

112. Residential Hosue near Madan Steel

Wroks

Temporary Access

113. House No 155 Prem Nagar Temporary access

114. House near Vishal Bar and Restaurant Temporary access

115. Residential House No 404 Temporary access

116. Residential House near Verma Jewelers Temporary access

117. Residential House near Missionaries of

Charity Church

Temporary access

25

Table 3. List of Institutions etc

Fruit market Narwal

13. Madr E Meherbaan Institute of Health

Sciences

Temporary Access

14. Shri Prachin Hunumaan Mandir Transport

Nagar

Temporary Access(Construction

to be avoided on Tuesday due to

weekly gathering)

15. U CO Bank C/o main Road Narwal Temporary Access

Channi Himmat Distribution starting point near OHT/PDD Office Channi Himat Sector 1

S. No Affected person/property Impact

1. PNB ATM and Bank Temporary access

2. Temple near Transformer Temporary access.

Properties from right and left side lanes at House of Mr. Kuldeep Khudda IPS No 1/A

Sector 1 Chani Himmat

3. Playway Nursery School Temporary access

4. Buds Playing School Site NO 1 Temporary access

Main Road Channi Himmat Parallel to Railway Line Left and Right Sides

5. Bank inside TNT Complex Temporary access

6. Banquet Hall near Habib Saloon Temporary access

7. Temple on main Road Channi Himat

Deeli Distribution Mains Starting point near Bridge over Gangyal Nallah

8. Govt. Girls Middle School Deli Temporary access

9. Sri Radha Krishna Mandir Village Deli Sainik

Colony

Temporary access

10. Vivekananda Modern School Deli Temporary access

11. Jodhamal Public Shool Temporary access

12. Temple Shiv Mandir near Bye pass Temporary access

26

16. Postal Stores Depot Jammu C/o main Road

Narwal

Temporary Access

Wazarat road, rising main

17. Gujjar Bakarwall Hostel

18. St. Pauls Church C/o Wazarat Road Temporary Access

19. Paid Parking for 2 wheelers(Near D C office

Crossing)

Temporary Access(Construction at

spot to be carried on Sunday)

New Plot, Rising Main

20. PHE Complex New Plot Temporary Access

21. Srinath Bhagat Satsang Ashram Temporary Access

22. Secular Party of India Office near Bhawani

Studio

Temporary Access

23. Khadi Gram Udyog Sewa Santhan Office Temporary Access

24. Ashok Institute of Elementary Teacher

Institute

Temporary Access

25. Little Champs Play School Temporary Access

26. Swami Pauls Meditation Home Temporary Access

27. Missionaries of Charity Church Temporary Access

Bikram Chowk Distribution Main

28. Temple opposite Kala Kendra Temporary Access

27

Appendix 2. NOCs for Over Head Tanks (OHTs) and Tube Wells

28

29

30

31

32

33

34

35

36

Appendix 3. MOUs for Over Head Tanks (OHTs) and Tube Wells

37

38

39

40

41

42

43

44

45

46

47

Appendix 4. Confirmation from Operator of Commercial establishment/shop for provision of temporary Access by Contactor

Name of Subproject :____________________________________________________

Name of Contractor :____________________________________________________

Name of the A Person :____________________________________________________

Nature of Establishment :____________________________________________________

Location of Establishment :____________________________________________________

Nature of Access Disruption :____________________________________________________

Nature of Alternate Access

Provided by Contractor :____________________________________________________

Duration & Date of Disruption : ____________days from___________________to___________

I hereby confirm that access disruption caused to my property as per the duration and the date

mentioned above was effectively mitigated by provision of alternate access by contractor.

Provision of alternate access ensured no closure or loss of clientage to my commercial

establishment.

Signature of Affected person Signature of Contractor’s representative

48

Appendix 5 Applicable legal / policy framework and comparison of Borrower’s policy and ADB’ SPS

A summary of applicable acts and policies is presented in the following sections.

1. State Land Acquisition Act 1990 (1934 AD)

1. The Land Acquisition Act (LAA) 1894, as amended in 1984 which is in force in rest of India is not applicable to the State of Jammu and Kashmir. The Sate Land Acquisition Act 1990 (1934 AD) is in force in state of Jammu and Kashmir. The Act provides the legal framework for land acquisition for a public purpose in J&K. It enables the State Government to acquire private lands for a public purpose, and seeks to ensure that no person is deprived of land except under the Act. The general process for land acquisition under L.A Act is:

(i) As per the rules of the State Land Acquisition Act 1990( 1934 AD) land for the public purpose could be acquired through two processes:

a. Private Negotiation b. Compulsory Land Acquisition under the provisions of the Land Acquisition

Act.

(ii) Steps that are to be followed under Jammu and Kashmir State Land Acquisition Act. 1990 (1934AD) are as follows:

2. Placing of Indent by Indenting Department. The department entrusted with execution and supervision of the work shall prepare information as to the situation and general character of the land acquired, after the information has been compiled same is send to Collector concerned with the request to acquire the land. 3. Preparation of the Revenue Documents (Shajra & Khasra10) – Once the collector receives the indent from the concerned department; the Revenue Documents (Shajra & Khasra) are prepared to know the ownership status and quantum of land to be acquired. 4. Issuance of Land Acquisition Notification: Once the revenue documents are prepared, the collector issues notification under section 4 (i) that land is required for the public purposes and inviting of objection from the land owners within fifteen days of issuance of notification. 5. Conducting of the Private Negotiation: After the lapse of the fifteen days concerned Deputy Commissioner is requested by the Collector to call the meeting of the Private Negotiation Committee of which concerned DC is the Chairman. Other members are i) Collector Land Acquisition to whom intend is placed ii) Engineer from Intending Department iii) Collector 10 A shajra or Village Map is a detailed map of the village that is used for legal (land ownership) and administrative

purposes in India and Pakistan. A shajra maps out the village lands into land parcels and gives each parcel a unique

number.

A Khasra or index register to the map. It is the list showing, by number, all the fields and their area, measurement,

who owns what cultivators he employs, what crops, what sort of soil, what trees, are on the land.

49

Land Acquisition of the concerned district. iv) District Superintending Engineer v) Concerned Tehsildar vi) Concerned Naib Tehsildar vii) Land owners. 6. Before initiating the negotiations, the committee ascertains the maximum price which is offered for land owners if acquired by private negotiation. The District Collector takes following things into consideration

(i) Directs Tehsildar to communicate the rates. (ii) Refers to the Master rates approved by the Divisional Commissioner concerned. (iii) Refers to the rate at which the land has been earlier acquired in the nearby area. (iv) Utility, Location of the Land.

7. After taking into consideration all the above listed facts the appreciated rates are offered and negotiated with the land owners. 8. The valuation of structures is done by PW (R&B) Dept, for Fruit Trees from horticulture and non fruit trees from Forest or Social Forestry Department. 9. Compulsory Acquisition: Wherein the private negotiations with the title holders fail, the Deputy Commissioner shall communicate the result of the negotiation to Intending Department who may initiate proceeding for compulsory acquisition of land under the provisions of the Act.

2. Asian Development Bank’s (ADB) Safeguard Policy Statement (SPS) 2009

10. The ADB's Board of Directors has approved the new Safeguard Policy Statement (SPS) governing the environmental and social safeguards of ADB's operations in July 2009 and has become effective from 20 January 2010. The SPS aims to avoid, minimize, or mitigate harmful environmental impacts, social costs, and to help borrowers/clients strengthen their safeguard systems. The SPS builds upon ADB's previous safeguard policies on the environment, involuntary resettlement, and Indigenous Peoples, and brings them into one consolidated policy framework with enhanced consistency and coherence, and that more comprehensively addresses environmental and social impacts and risks. The SPS also provides a platform for participation by affected people and other stakeholders in project design and implementation. The Objectives of the SPS 2009 are as follows:

(i) To avoid involuntary resettlement wherever possible; (ii) To minimize involuntary resettlement by exploring project and design

alternatives; (iii) To enhance, or at least restore, the livelihoods of all displaced persons in real

terms relative to pre-project levels; and (iv) To improve the standards of living of the displaced poor and other vulnerable

groups. 11. The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. The main policy principles of the involuntary resettlement safeguard are:

50

(i) Screen the project early on, to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with Displaced Persons, host communities,

and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons‘ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i)

land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance,

including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable

groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land

acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal

rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

51

(viii) Prepare a resettlement plan elaborating on displaced persons‘ entitlements, the

income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation

process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the final resettlement plan and its updates to displaced persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project

for program. Include the full costs of resettlement in the presentation of project‘s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or

economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of

living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

3. National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007)

12. The National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) was adopted by the Government of India on 31 October 2007 to address development-induced resettlement issues. The policy provides for the basic minimum requirements, and all projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP-2007. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the NRRP-2007 are as follows:

(i) To minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives;

(ii) To ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families;

(iii) To ensure that special care is taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity;

(iv) To provide a better standard of living, making concerted efforts for providing sustainable income to the affected families;

(v) To integrate rehabilitation concerns into the development planning and implementation process; and

52

(vi) Where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation.

13. Key features of the National Rehabilitation and Resettlement Policy, 2007 are the following:

(i) Policy covers all cases of involuntary displacement (ii) Social Impact Assessment (SIA) introduced for displacement of 400/200 or more

families in plain/tribal, hilly, Scheduled Areas, etc; (iii) Tribal Development Plan in case of displacement of 200+ ST families; (iv) Consultations with Gram Sabha or public hearings made compulsory; (v) Principle- of rehabilitation before displacement; (vi) If possible, land for land as compensation; (vii) Skill development support and preference in project jobs (one person per nuclear

family); (viii) Rehabilitation Grant in lieu of land/job; (ix) Option for shares in companies implementing projects to affected families; (x) Housing benefits to all affected families including the landless; (xi) Monthly pension to the vulnerable, such as disabled, destitute, orphans, widows,

unmarried girls, etc; (xii) Monetary benefits linked to the Consumer Price Index; also to be revised suitably

at periodic intervals; (xiii) Necessary infrastructural facilities and amenities at resettlement areas; (xiv) Periphery development by project authorities; (xv) R&R Committee for each Project, to be headed by Administrator for R&R; (xvi) Ombudsman for grievance redressal; and a (xvii) National Rehabilitation Commission.

4. Comparison of Borrower’s Policy with ADB’s SPS

14. The NRRP represents a significant milestone in the development of a systematic approach to address resettlement issues in India; J&K LAA (1990) however gives directives for acquisition of land in public interest and provides benefits only to titleholders. Table below presents a comparison of Government polices (J&K LAA and NRRP) in comparison with the Resettlement Framework which is consistent with ADB‘s involuntary resettlement policy.

Comparison between the Borrower’s and ADB’s SPS

S.No Resettlement

Issues J&K LAA

NRRP SPS Remarks Compliance of proposed Resettlement Framework with ADB’s SPS

1. Resettlement must be avoided wherever possible; and if unavoidable it should be minimized

× √

√

LAA is applicable wherever private land is to be acquired by Government for public purpose NRRP 2007 meets ADB IR Policy requirements

This is addressed in the Resettlement Framework. The location for project components have been identified in such a manner that involuntary resettlement is avoided to the extent possible. These involuntary resettlement impacts shall be further

53

S.No Resettlement Issues

J&K LAA

NRRP SPS Remarks Compliance of proposed Resettlement Framework with ADB’s SPS

minimized during detailed designs.

2. Where population displacement is unavoidable, it should be minimized by exploring all viable project options

× √

√

According to Chapter- II of NRRP 2007, it aims to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives NRRP 2007 meets ADB IR Policy requirements

This is addressed in the Resettlement Framework. The location for project components have been identified in such a manner that involuntary resettlement is avoided to the extent possible. These involuntary resettlement impacts shall be further minimized during detailed designs.

3. Displaced persons must be compensated to replace their lost assets and to restore/improve their living standards

× √

√

Replacement value is not clearly identified in LAA. Loss of asset to be compensated to the extent of actual loss NRRP 2007 meets ADB IR Policy requirements

This is addressed in the Entitlement Matrix.

4. Negotiated Settlements with the DPs

√

× √

LAA has provision for negotiations with the DPs to arrive the consensus on the rate of land under acquisition through the private negotiation committee and in case of the negotiations fail the land shall be acquired through compulsory provision of the Act. ADB‖S SPS also has the provision of the negotiated settlements.

RP prepared has taken into consideration both modes of acquisition.

5. Displaced persons should be fully involved and consulted in the planning and implementation of resettlement

× √

√

NRRP 2007 ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the consultation and active participation of the affected families NRRP 2007 meets ADB IR Policy requirements

Consultations have been carried out with affected persons. This will be further consolidated during Resettlement Plan implementation. The plan for information disclosure in the project, including the Resettlement Framework

6. Compensation for lost assets must be on the basis of replacement cost

× √

√

NRRP 2007 assures that the compensation award shall take into account the market value of the property being acquired NRRP 2007 meets ADB IR Policy requirements

This is addressed in the Resettlement Framework. The DPs will be provided compensation which will be calculated on latest prevailing schedule of rates without depreciation or deductions for salvaged material.

7. Transaction and transition costs is to be paid by the project authority

× √

√

NRRP 2007 ensures that the stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne .by the requiring body NRRP

This is addressed in the Entitlement Matrix.

54

S.No Resettlement Issues

J&K LAA

NRRP SPS Remarks Compliance of proposed Resettlement Framework with ADB’s SPS

2007 meets ADB IR Policy requirements

8. An RP should be prepared in every instance where involuntary resettlement occurs

× √

√

According to the ADB‘s SPS, Resettlement Plan is required in case of involuntary Resettlement occurs. The project with 200 or more people will fall in the Significant category (Category A) and those with less than 200 will fall in Insignificant category (Category B). According to the NRRP, Resettlement Plan should be prepared when it involves resettlement of more than 500 families (roughly about 2,000 persons) in plain areas and 200 families (roughly about 1,000 people) in hilly areas, Desert Development Program (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India.

The Resettlement Framework addresses the involuntary resettlement impacts. The entitlements to the affected persons are outlined in the Entitlement Matrix.

9. Recognition of untitled persons such as squatters and encroachers

× √

√

NRRP 2007 fully recognizes the non-titleholder families and ensures R&R benefits. However, the non title holders are supposed to be livening in the affected area not less than three years from the date of declaration of the area as project affected area. According to ADB‘s Policy, the date of the census survey can be considered as the proof for their eligibility as non titleholders.

This is addressed in the Entitlement Matrix.

10. Surveys and census required

× √

√

Chapter- IV and VI of NRRP2007 address the need for surveys and census of the displaced families. NRRP 2007 meets ADB IR Policy requirements

The Survey and census were carried out during the Pre -project phase for preparation of the resettlement plan.

11. Recognition of vulnerable groups including indigenous people and the poor

× √

√

According to NRRP, the vulnerable groups include, disabled, destitute, orphans, widows, unmarried girls, abandoned women or persons above fifty years of old. In case of a project involving land acquisition on behalf of a requiring body which involves involuntary displacement of two hundred or more Scheduled Tribes families, a Tribal Development Plan shall be prepared of NRRP 2007) NRRP, 2007 gives preference

The Resettlement Framework addresses the involuntary resettlement impacts.

55

S.No Resettlement Issues

J&K LAA

NRRP SPS Remarks Compliance of proposed Resettlement Framework with ADB’s SPS

to STs in land allotment. Additional financial assistance is also defined for them. Their traditional rights to natural resources in the area will be recognized. NRRP 2007 meets ADB IR Policy requirements

12. Grievance Redress Procedure

× √

√

Project involving involuntary resettlement needs to have Grievance redress mechanisms for displaced people NPRR requires a Grievance Redress Cell to be set up under a Commissioner for R& R. NRRP 2007 meets ADB‘s SPS requirements

The Grievance Redress procedure has been outlined in the RF and all the RP‘s.

13. Common property resources should be replaced.

× √

√

NRRP 2007 meets ADB‘s SPS requirements

The Resettlement Framework addresses the involuntary resettlement impacts.

56

Appendix 6. Transect walk- Strip Plan for rising mains

New Plot area

57

Wazarat road area

Fruit market, Narwal

58

Appendix 7. Signed attendance sheet of Public Consultations

59

60

61

62

63

64

65

67

68

Appendix 8.English and Hindi version of Public Information Brochure

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

Appendix 9. Government Order for Formation of GRC

84

85

Appendix 10. Government order for formation of Divisional Level Committee(DLC)

79

Appendix 11.Semi-Annual Monitoring Report Format for Involuntary Resettlement

Subproject: Monitoring Period:

Table 1: RP Implementation Checklist

S. No Activity Completed

Y/N

Remarks

RP Preparation

1. Final RP approved by ADB prior to contract award

2. Disclosure of the final RP on the ADB and EA‘s website. Circulating copies of RPs to all stakeholders

including DPs, translating Resettlement information booklet in local language

RP implementation

3. Grievance Redress Mechanism established and public informed

4. Public Information Booklet circulated

5. Finalization of inventory

6. Finalization of current market rates for all types of assets as per method in RP

7. Finalization of compensation rates as per method in RP

8. If negotiated settlement, hiring of independent

external party to document the negotiation and settlement processes

9. DPs informed of losses and entitlements - Summary Compensation Form prepared and distributed to each

DP

10. Payment of compensation, allowances, and other assistance (# of DPs)

11. Completion of resettlement sites

12. Public information on resettlement sites and transfer schedule

13. Relocation of shopkeepers

14. Transfer of all land for civil works

15. Ongoing consultation with DPs

16. Income rehabilitation assistance

17. Grievance Redress

80

NOTE: Where applicable, the information provided in the table should be supported by detailed explanatory report including list of DPs, receipts of payments, and other

documents as necessary

Table 2: Summary Table of Resettlement Progress per DP

ENTITLEMENTS*

S No. Name

of DP

Type of Loss

(land,

structure,

livelihood,

crops, etc)

Cash Land for

land

Replacement

Shop

Allowance Assistance Vulnerable Evidence **

1.

2.

3.

* As per the Entitlement Matrix.

** Lease deeds, allotment letters, photographs, copy of cheques and payment receipts, land ownership records, etc.

ANNEXURES

1. Entitlement Forms for each DP

2. Evidence to demonstrate compliance of RP implementation (lease agreement, allotment letters, photographs, copy of cheques and

payment receipts, land ownership records, etc.)

a. No. of complaints received

b. No. of Complaints addressed

c. Outstanding complaints

RP Monitoring and Evaluation

18. External monitoring agency contracted