SRI: Supporting Electricity Supply Reliability Improvement ...

Resettlement Plan

Project Number: 49216-002 Loan Number: 3409 July 2019

SRI: Supporting Electricity Supply Reliability

Improvement Project

Addendum - 2

Prepared by Ceylon Electricity Board for the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not

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

preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation

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

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

territory or area.

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ADDENDUM 2 - RESETTLEMENT PLAN (SRP - 2)

FOR IRAKKANDI GANTRY TO KUMBURUPIDDI GANTRY 33kV TOWER LINE UNDER

THE RESETTLEMENT PLAN OF SUPPORTING ELECTRICITY SUPPLY RELIABILITY

IMPROVEMENT PROJECT [LOAN NO: SRI-3409]

PROJECT NAME: Supporting Electricity Supply Reliability Improvement Project - Package 4

LOAN NUMBER: SRI 3409

SUB COMPONENT: 33kV Tower line from Irakkandi gantry to Kumburupiddi gantry PURPOSE: To improve the reliability of electricity distribution network

NO. OF SUB PROJECT AFFECTED PARTIES/FAMILIES: 07

DOCUMENT STAGE: Draft Report DATE OF PREPARATION OF THE DOCUMENT: 14th July 2019 PREPARER: Prepared by Project Management Unit of Supporting Electricity Supply Reliability Improvement Project

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

represent those of ADB’s Board of Directors, Management, or the ADB Staff

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TABLE OF CONTENTS

EXECUTIVE SUMMARY 4

CHAPTER 1 PROJECT DESCRIPTION 7 CHAPTER 2 SCOPE OF LAND ACQUISTION AND

RESETTLEMENT 9

CHAPTER 3 SOCIO ECONOMIC INFORMATION AND PROFILE 12 CHAPTER 4 INFORMATION DISCLOSURE, CONSULTATION

AND PARTICIPATION 14

CHAPTER 5 GRIEVANCE REDRESS MECHANISM 18 CHAPTER 6 LEGAL FRAMEWORK 21 CHAPTER 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS 28 CHAPTER 8 RELOCATION AND INCOME RESTORATION 32 CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING PLAN 32 CHAPTER 10 INSTITUTIONAL ARRANGEMENTS 33 CHAPTER 11 IMPLEMENTATION SCHEDULE 35 CHAPTER 12 MONITORING AND REPORTING 39

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ACRONYMS

ADB Asian Development Bank AP Affected Person CEB Ceylon Electricity Board DC Double circuit DS Divisional Secretary EIA Environmental Impact Assessment GoSL Government of Sri Lanka GRC Grievance Redress Committee GRM Grievance Redress Mechanism GS Grid Substation kW kilowatt kWh Kilowatt hours LAA Land Acquisition Act LARC Land Acquisition and Resettlement Committee LKR Sri Lankan Rupees MPEED Ministry of Power, Energy and Enterprise Development MV Medium Voltage NEA National Environmental Act NGO Non-Governmental Organization NIRP National Involuntary Resettlement Policy PD Project Director PEA Project Executing Agency PIA Project Implementing Agency PIU Project Implementation Unit PM Project Manager PMU Project Management Unit PUC Public Utility Commission RoW Right of Way RP Resettlement Plan SPS Safeguard Policy Statement

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EXECUTIVE SUMMARY

The draft Resettlement Plan (RP) for all components included in the SESRIP project has been published on April 2016. This draft RP has been prepared on several assumptions and preliminary engineering designs as the detailed and final engineering designs were not available at that time. Therefore, PMU is responsible for (i) completing the detailed and final engineering designs; (ii) updating the results of the social impact assessment; (iii) re-assessment of land acquisitions and impacts; (iv) completing the census survey of all affected persons (APs); (v) updating the inventory of losses; (vi) Updating and finalizing the RP; and (vii) submitting the final RP to ADB prior to the commencement of the project construction work. This supplementary RP is prepared to fulfil the above mentioned requirements.

This Supplementary Resettlement Plan is related to the construction of 7.6 km long 33kV tower line from Irakkandi gantry to Kumburupiddi gantry in Trincomalee district. This line is included in the Package 4 of Supporting Electricity Supply Reliability Improvement Project. The total length of the finalized line route is 7.6 km. The 1.5 km length of line goes through the forest

reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km length

of line goes through the saltern managed by the Raigam Salt Company. Only 0.1 km length of line goes

over two private lands which cannot be avoided. Among these two private lands one private land is

almost not affected since only conductors go over the boundary fence of this land. However, some

portion of the other private land is fully disturbed by the Irakkandi gantry and incoming and outgoing

feeders to this gantry.

The original line route included in the Resettlement Plan prepared in April, 2016 has been planned

through private lands. When Project Management Unit (PMU) issued W- Notices to land owners along

the original line route all of them objected to that path as it goes over middle of most lands. On the

above ground PMU consulted the Divisional Secretary (DS), Kuchchaveli to have solution for the issue.

DS (Kuchchaveli) personally inspected the originally planned line route on 24.07.2017 and he too didn’t agree to that path since damage to those private lands with that route is severe and any forcible action

is unsympathetic. Therefore, he advice PMU to select another path which would not be affected to

private lands. He also advised us to take the line along the boundary of Army Camp situated just before

SLBC broadcasting station at Parker Road as he is planned to allot the adjacent land to Army Camp, to

peoples those haven’t lands in the area.

In addition to above the original line route had been planned over the office and proposed factory

buildings of Raigam Salt Company at kumburupiddi. Therefore, they too objected to take the line over

the limited land available to them. After having discussion with the site Manager, Mr. Nandana

Pushpakumara of Raigam Salt Company he agrees to take the line over the saltern of Raigam Salt

Company.

Having given clearance for the above issues PMU selected the new path for the line. However, when

surveying and tree marking is carried out it is understood that the path shown by DS (Kuchchaveli) near

Army Camp at Parker Road is severely damage the forest. Therefore, PMU sought the approval of DS

(Kuchchaveli) to take the line along the elephant fence at the crossing point of Parker Road and he

agreed for the same.

The line route of the proposed tower line from Irakkandi Gantry to Kumburupiddi Gantry has now been

finalised. The major part of the line goes through coastal belt of Irrakkandi lagoon. One section goes

through forest reservation. It is unavoidable to move out from two private lands closer to Irakkandi

gantry since there isn’t any state lands nearby.

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The trees to be removed along the line route have been marked.

The number of trees to be removed for clearing the RoW of this tower line is 204.

Length of original line route – 7.100 km

Length of new line route – 7.564 km

DS (Kuchchaveli) has estimated the compensation to be paid for the trees to be removed in private

lands. Forest Department estimate for the removal of trees in forest area is yet to be received.

Divisional Secretary (Kuchchaveli), Coastal Conservation Department and Forest Department has

granted approval for the right of way of the adjusted line.

Irakkandi Gantry Land

The initial locations for Irakkandy gantry had been identified by Deputy General Manager (East). ADB

had given their consent for the same. Everybody involved in the selection of this land thought that it

belongs to the government. However, later Project Management Unit found that the selected plot of

land lies within a private land. The land owner didn’t agree to install a gantry at the originally selected location since that portion of his land has the highest value as it faced to the Trincomalee Pulmoodai

main road and coastline. However, land owner agreed to sell “60 Ft X 60 ft” block of land from the rear side of his land for the Irakkandi gantry. Therefore, PMU decided to install the Irakkandi gantry at the

rear side of this private land as there are no government lands nearby as informed by DS (Kuchchaveli).

After receiving the land owners consent for the gantry the Project & Heavy Maintenance Branch of

Distribution Division - 2 has already constructed the terminal tower of incoming line to the proposed

Irakkandi gantry at the most appropriate place to connect it easily to the gantry. Therefore, Project

Management Unit is not in a position to change this gantry location again.

This land is situated by the side of Irakkandy to Kumburupitiya by road closer to famous Irakkandy

Bridge. The land belongs to Mrs. Thiyagarajah Sinna Thangachchi having postal address at “Karainagar Road, Sittankerni, Jaffna”. Mr. N Pathmanadan, her relative at No. 26D/1, Ohrshill Central Road, Trincomalee is coordinating with PMU on behalf of Mrs. Thiyagarajah Sinna Thangachchi. The land

extent is 13.2 perches (60’X60’ block). The land owner has requested LKR 75000/- per perch for this

gantry land. In addition, she should be compensated for disturbance to nearly another 20 perches portion

of land due to one incoming feeder and one outgoing feeder.

The PMU in consultation with MPEED made an arrangement to acquire this land as there is problem

in the land title and also Board approval has been received to acquire the land. Land acquisition gazette

was published on 19.03.2019 and all relevant documents with the gazette notification was forwarded to

DS (Kuchchaveli) on 01.07.2019 for next stages of acquisition process.

Kumburupiddi Gantry Land

. The location of original Kumburupiddi gantry land was also shifted to land side from Trincomalee –

Pulmoodai road as sea side is allocated to hotel project. The selected land is a state land. Land has been

surveyed through a government surveyor by the DS (Kuchchaveli) and requested clearances from Road

Development Authority (RDA), Central Environmental Authority (CEA), Pradeshiya Sabha (PS)

(Kuchchaveli), Archeological Department (AD), Urban Development Authority (UDA) and Coastal

Conservation Department (CCD). CEA clearance has not been received yet and they have agreed to

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send their clearance early. Once the clearances are received DS (Kuchchaveli) would take action to

hand over the land to CEB on long term lease basis through District Land Committee.

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CHAPTER 1 - PROJECT DESCRIPTION

The Supporting Electricity Supply Reliability Improvement Project was approved by ADB’s Board of Directors on 26th July 2016. This project is financed by (i) Loan 3409-SRI for US$ 115 million from

ADB ordinary capital resources and (ii) an investment Grant 0486 of US$ 1.8 million is provided by

the Clean Energy Fund (CEF) under the Clean Energy Financing Partnership Facility and administered

by ADB, and (iii) an investment grant of US$ 2 million is provided by the Japan fund for Poverty

Reduction and administered by ADB. The loan has been provided directly to CEB while with a

sovereign guarantee while the investment grant is provided to the Democratic Socialist Republic of Sri

Lanka. The local financing component by CEB and government of Sri Lanka is US$ 45.2 million. The

relevant loan and grant agreements were signed on 19th December and loan became effective on 29th

June 2017. The project will be completed by 30th September 2021. The loan closing date will be 31st

March 2022. CEB is the executing and implementing agency for loan component.

The project includes 6 major packages. Package 4 comprises reliability improvement of the medium

voltage network through the construction of new 33 kV distribution lines and gantries to improve the

reliability of electricity supply to existing and new consumers. The number of 33 kV lines proposed for

the project is 16 with a total length of approximately 270 km. The project will fund the new 33 kV

tower lines using bare conductors and 13 gantries.

This report is for the resettlement activities of new 33kV tower line from Irakkandi gantry to

Kumburupiddi gantry, one of the 33kV tower line route out of 16 no. of tower lines to be constructed

under this project.

ADB and SCAPC approval received for the selected contractor for implementing Package 4 and the

Cabinet approval is also received. The contract agreement has already been signed and the tender has

been awarded to the selected contractor.

1.1 Draft Resettlement Plan

The draft Resettlement Plan (RP) for all components included in the SESRIP project has been published

on April 2016. This draft RP has been prepared on several assumptions and preliminary engineering

designs as the detailed and final engineering designs were not available at that time. The preparation

of the RP was guided by ADB’s Safeguard Policy Statement (SPS), 2009, National Involuntary

Resettlement Policy (NIRP), 2001 of the Government of Sri Lanka and the Land Acquisition Act (LAA)

of 1950 with its subsequent amendments. The RP analyses the project related impacts resulting from

land acquisition and provides an Entitlement Matrix that includes cash compensation and other

resettlement assistance for persons affected by the project.

The preparation of the RP was preceded by due diligence conducted for different subprojects proposed

for the project. The social impact assessments as part of due diligence was based on preliminary

engineering designs and maps provided by CEB. Consultations were also conducted with relevant

project stakeholders to elicit inputs for the RP. Project related adverse impacts observed during due

diligence were communicated to the CEB and attempts have been made to minimize the resettlement

impacts.

No relocation of affected households and shops is required. The CEB will make further attempts to

reduce the impacts in its detailed and final engineering designs and consultations with affected parties

until the completion of the civil works. The changes/revisions made to the line routes by engineering

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teams were re-checked and re-validated on ground by the social survey teams through walk-over

surveys. The entitlement matrix and the resettlement budget provide for compensation for affected

crops and trees and any immovable properties.

The draft RP is based on several assumptions and preliminary engineering designs as the detailed and

final engineering designs are yet to be completed. Therefore, CEB is responsible for (i) completing the

detailed and final engineering designs; (ii) updating the results of the social impact assessment; (iii) re-

assessment of land acquisitions and impacts; (iv) completing the census survey of all affected persons

(APs); (v) updating the inventory of losses; (vi) updating and finalizing the RP; and (vii) submitting the

final RP to ADB prior to the commencement of the project construction work.

1.2 Objective of the Supplementary Resettlement Plan (SRP-No.2)

PMU is responsible for updating the draft resettlement plan during the project execution period. This

supplementary Resettlement Plant is to fulfil that requirement.

This supplementary Resettlement Plan contains the updated information on 33kV line route of Irakkandi

gantry to Kumburupiddi gantry available in the draft RP. This is one of the 33kV tower line route out

of 16 no. of total tower lines to be constructed under this project.

The objective of this supplementary resettlement plan is to update the original draft resettlement plan

with changes made on to the original 33kV line route of Irakkandi gantry to Kumburupiddi gantry. The

original line route has been planned with the information gathered at walkover surveys as well as

collecting information available in geographical data bases and maps without conducting a detailed

route survey. The original line route was changed after conducting a field survey and having

consultation with APs and all relevant government authorities to avoid route objections completely and

to minimize possible environmental impacts.Since the line route approval has been granted by DS and

other relevant government institutions, this updated resettlement plan covering the details of the

finalized line route is presented.

Table 1.4 and Table 1.5 of the Draft RP are updated and presented below.

Table 1.4: Affected Trees, Houses and Shops along the Right of Way before and after the

Revisions to Tower Line Routes

No Project name

Number of trees Number of houses/ shops

Before After Change

(%) Before After

Change

(%)

8 Irakkandi gantry to

Kumburupiddi gantry

175 204

*

16.6 1 0 100

*Trees having diameter above 10 cm as per Forest Department guidelines. Branch of a tree below

2 m height was also considered as separate tree. Table 1.5: Estimated Number of Partially Affected Houses and Shops along the Right of Way

No. Project name Number of houses Number of shops

7 Irakkandi gantry to Kumburupiddi gantry 0 0

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CHAPTER 2 - SCOPE OF LAND ACQUISTION AND RESETTLEMENT

This chapter describes the scope of land acquisition of the sub project of Irakkandi gantry to Kumburupiddi

gantry and assesses its resettlement impacts. This sub project involves acquisition of land for the Irakkandi

gantry as there are no government lands nearby. Since available land extent is not large enough for gantry

and supporting structures, a need arises to acquire or purchase a small strip of land from the adjacent land

to the selected gantry land. However, land acquisition procedure was started since the PMU couldn’t identify the owner of that land within reasonable time. Furthermore, this line and gantry construction may

have temporary/permanent impacts resulting from loss of crops and trees situated along the Right of Way

(RoW) of the distribution line. The standard width of RoW is 20 m to both sides from the center line. Except

for some occasional power interruptions, the subproject will not create any disturbances to any party during

its construction.

The line route from Irakkandi gantry to Kumburupiddi gantry has been finalized by now. Both the finalized

line route and initial line route are indicated in Fig.1.

The total length of the finalized line route is 7.6 km. The line length of 1.5 km goes through the forest

reservation and a 3.9 km long section of line goes along the coastline of the Irakkandi lagoon and balance

2.1 km length of the line goes through the saltern managed by the Raigam Salt Company. Only 0.1 km

length (section T1T2 in the map given below) of line goes over two private lands. Among these two private

lands one private land is almost not affected since only conductors go over the boundary fence of this land.

However, some land section along the rear side fence of this land has to be acquired since the owner

couldn’t be identified as mentioned before. A small portion from the other private land where Irakkandi

gantry is located is fully disturbed by incoming and outgoing feeders to this gantry.

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There are no dwellings or other buildings or structures within the RoW of this line and within the gantry

lands. Therefore, resettlement of any family is not required due to this line and gantries. The impacts due

to line and towers are primarily confined to temporary economic displacement except the permanent impact

on standing and commercial trees over and above 3.0 m height. These losses will be compensated.

The project will allow the land owners/users to use the land which was cleared for the installation of the

towers and lines for the same purpose for which it has been used earlier after the completion of the

construction work. However, planting of trees under the tower lines with a height of over and above 3.0 m

will be prohibited. As mentioned earlier, the width of the RoW is at 20 m to both sides.

The number of trees to be removed for clearing the RoW of this tower line is 204 (in original RP this

quantity is indicated in Table 2.1 as 175 Nos). Updated Table 2.1 is presented below.

Table 2.1: Estimated No. Trees to be Removed for Clearing the Right of Way (RoW) of 33 kV Lines

No. Name of the 33 kV Line Number of trees

5 Irakkandi gantry to Kumburupiddi gantry 204

The Irakkandi gantry land is situated by the side of Irakkandy to Kumburupitiya by road closer to famous

Irakkandy Bridge. The land belongs to Mrs. Thiyagarajah Sinna Thangachchi having postal address at

“Karainagar Road, Sittankerni, Jaffna”. She has a total land area of 02 Acres and agreed to sell a land plot

of 13.2 P from that land to CEB. The gantry land is a bare land and no crops or vegetation inside it. No

dwellings, buildings or any other structures within any of these lands. The land owner has requested LKR

75,000/- per perch for the gantry land. In addition, she should be compensated for disturbance to nearly

another 20 perches portion of her land due to one incoming feeder and one outgoing feeder. Though land

owner is willing to sell the land the Board of CEB has given approval to acquire the gantry land as there is

some problem in the land title. Therefore, this land acquisition is carried out with the consent of the land

owner.

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Fig 1. Line route from Irakkandi gantry to Kumburupiddi gantry –original route is indicated in Blue and the finalized route is indicated in red.

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CHAPTER 3 - SOCIO ECONOMIC INFORMATION AND PROFILE

Socio economic information collected by conducting a household survey throughout the project executing

territory in order to gain an understanding of the socio-economic profile of the communities living in

subproject impact areas are presented in Chapter 3 of the draft RP. However, the exact socio-economic

details of the affected parties due to the construction of 33kV line from Irakkandi gantry to Kumburupiddi

gantry will not be included in this report. It will be assumed that the same socio economic profile mentioned

in Draft RP is applicable for this subproject.

3.1 Survey Methodology

A socio-economic household survey was conducted with 510 households living different subproject impact

areas during the period December 2015 to February 2016. The geographical areas that were covered by the

household survey included Kandy, Matale and Nuwara Eliya districts in the Central Province; Badulla and

Monaragala districts in the Uva Province; Kurunegala district in the North Western Province; Kegalle

district in the Sabaragamuwa Province; Galle district in the Southern Province and Jaffna district in the

Northern Province. The main objective of the household survey was to gain an understanding of the socio-

economic profile of the communities living in subproject impact areas some of whom may be either the

beneficiaries or the affected parties of the overall project. A structured questionnaire was used to elicit the

data which was primarily quantitative. The results of the survey were further enriched by the qualitative

insights gained during public and gender consultations which are summarized in Annex 9 and 11 of the

Draft RP. Data tables generated from the household survey appear in Annex 8 of the Draft RP.

3.2 Sub Project Details

This subproject, the 33kV line route from Irakkandi gantry to Kumburupiddi gantry, is traversing over two

private lands, coastal belt of Irakkandi lagoon, through a forest area and a saltern belongs to Raigam Salt

Company. No resettlement takes place due to this line construction. Line is not passing over any building.

Most of the project activities would take place in isolated areas and therefore persons living around will not

be severely affected by project activities. However, the hotel Ypsylon closer to Irakkandi gantry, and the

saltern may slightly be disturbed during the tower construction and conductor stringing stage. This

subproject, 33kV line route from Irakkandi gantry to Kumburupiddi gantry, is not located within the area

where Vedda settlements are found.

Public and residents may be disturbed during the construction activities. However, PMU strictly supervise

the contractor to ensure that he will be following standard safety procedures and work practices to avoid

possible hazards and minimize disturbances.

The following measures are suggested to minimize the disturbances to the community at different phases

of the project implementation.

Table 3.1: Mitigation measures suggested addressing the difficulties of community

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Impact

Description Mitigation measures

Disturbance to public Disturbances made by staff movements and unauthorized entrance into private properties.

Handing over an advanced notice for entrance in to the premises.

Damaging roads and state properties during construction

Due to the transportation of material and machineries, during construction.

Compensation will be paid for any damages made to road and public properties.

Damaging water paths and roads during construction


Compensation will be paid for any damages made to roads and water paths will be re-established..

Damaging private properties during construction


Compensation will be paid for any damages made to public properties.

Damaging to crops, trees Due to the construction activities. Compensation will be paid for lost income.

Damage to boundaries and top soil layers in lands and paddy fields


Contractor is advised to rearrange boundaries and soil in the land as it was before.

Personal injuries and damages on permanent structures

Due to rock blasting at construction stage.

Adequate safety procedures will be followed and compensation will be paid for any damages.

Environmental pollution Leaving all waste material at site Debris removal procedure is strictly followed.

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CHAPTER 4 - INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

4.1 Consultation

Divisional Secretaries of the areas traversed by the proposed line were initially informed about this line

construction activity. DS provided the support of the relevant Grama Niladharis (GN) for the identification

of land owners along the line route. In addition, District Secretary of the Trincomalee District was also

informed about this project that is being implemented within the area under his purview and requested to

educate all heads of the government institutions in that district about this project.

The following factors were also taken into consideration in the selection of line routes to minimise public

objections and environmental impacts.

1. The Centre line of the tower line is beyond the 10 m distance from any building or structure.

2. The proposed line does not go over playgrounds, schools, religious premises and other public

gathering places etc.

3. Avoid areas of high density of trees, valuable crops and important trees.

4. Selection of line route in consultation with Divisional Secretary, Forest Department, Coastal

Conservation Department. and Wildlife Department.

5. Avoid wildlife areas, sanctuaries, historical places and highly protected areas.

6. Avoid any threat to public, wild life, airports and unstable areas.

7. Avoid natural resources.

8. Avoid construction difficulties.

9. Minimise construction cost.

4.2 Information Disclosure

Land owners on RoW have been identified with the help of GN. All land owners and residents on RoW

were delivered a notice called “W – Notice” inquiring their consent for line sections passing on their lands. At the same time some other documents namely Information for the general public, grant of wayleave form

and agreement forms in duplicate were issued to land owners and residents along the proposed line route.

The relevant parties were educated on the proposed line route by the time of handing over of the W-Notices.

Additionally, the contents of sections “2.3 Compensation with respect to grant of a wayleave” and “Part 5-

Information for the general public” in the document issued by Public Utility Commission of Sri Lanka

(PUCSL) on day of 17th October 2013 as per Sri Lanka Electricity Act No 20 of 2009 amended by Sri Lanka

Electricity amendment Act No 31 of 2013 were also explained to the land owners at the time of handing

over the W- Notice. Copies of these documents are presented in Annexure 10.

Moreover, public was informed that they can make their complaints, views, comments etc. via the official

web site of CEB, www.ceb.lk. Adequate time period was given for people to raise their complaints and

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grievances through relevant Government Officials in their areas; Grama Niladhari and Divisional Secretary.

Additionally, public can forward their grievances to PUCSL also.

On that way, all affected persons were made fully aware about details of the proposed tower line as well as

grievances reporting mechanisms.

Totally 07-W notices were distributed to the identified affected persons on RoW of the proposed line route.

Out of them six persons made objections.

Table 4.1: Locations and Number of Participants at Public Consultations

Subproject Locations Date No.

Participants

33 kV Lines

Irakkandi gantry to

Kumburupiddi gantry

Along the line route starting

from Irakkandi gantry to

Kumburupiddi gantry

19.12.2016

26.01.2017

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The list of affected persons including the names of persons made objections as well as measures taken to

avoid objections are indicated in Annexure-11.

All received objections were investigated at the site. Original line route was deviated to avoid the damage

on properties of affected parties depending on their demands.

DS (Kuchchaveli) personally inspected the originally planned line route on 24.07.2017 and he didn’t agree to that path since damage to private lands with that route is severe. Therefore, he advice PMU to select

another path which would avoid private properties.

In addition to above the original line route had been planned over the office and proposed factory buildings

of Raigam Salt Company at kumburupiddi. Therefore, they too objected to take the line over the limited

land available to them. After having discussion with the site Manager, Mr. Nandana Pushpakumara of

Raigam Salt Company PMU could be able to take the line over the saltern of Raigam Salt Company.

In consultation with Grama Niladharis, Forest Officers and Divisional Secretary (Kuchchaveli) line route

was adjusted several times to find solutions to specific problems.

After finalizing the line route PMU have shown the new line route and Gantry locations to following

officers.

1. Mr. P Thaneswaran, DS (Kuchchaveli), Tel : 026-2252619, Mobile : 077-6402326

2. Mr. M.B.M. Mubarak, ADS (Kuchchaveli), Tel : 026-2252637, Mobile : 077-8385452

3. Mr. S Nithiyalingam, Grama Niladhari (Kumpurupiddi-North), Mobile: 077-1007952

4. Mr. T Vijayanathan, Grama Niladhari (Kumpurupiddi- East), Mobile: 077-5868732

5. Mr. U.H. Wanniarachchi, Assistant Director, Coastal Conservation Department, Mobile : 071-

4436293

6. Mr. Thulasithasan, Area Engineer (Eastern Province), Coastal Conservation Department.

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Mobile: 0759991225

7. Mrs. Gaury Thirugnanaselvam, Development Assistant, Coastal Conservation Department.

Mobile: 075-9523682

8. Mr Faiz, Development Assistant, Coastal Conservation Department. Mobile: 0773842026

9. Archaeological Dept.

10. Road Development Authority

11. Central Environmental Authority

12. Dr. Wasantha Liyanage, Divisional Forest Officer – Tricomalee, TP - 0779985833

13. Mr. K.D.D. Perakum banda, Range Forest Officer (Gomarankadawala). Mobile: 071-5141783

14. Mr. L D Dayarathna, Beat Forest Officer (Kuchchaveli), Mobile: 0712492021/ 0768732125

15. Mr. Nandana Pushpakumara, Manager, Raigam Salt Company. Mobile: 0771061528

Finally, all objections were resolved by deviating the original line route.

● The original line route through middle of the private lands were shifted to coastal belt of Irakkandi

lagoon.

● The original line section over Raigam Salt office building and proposed factory site were shifted to

saltern.

● The Irakkandi gantry was shifted to a place where land owner agreed.

● The Kumburupiddi gantry was shifted from sea side to land side from Trincomalee Pulmoodai road.

The modified line route interferes only with two private properties at the Irakkandi gantry. Those two land

owners should be properly compensated. The other land owners who lose their trees and crops when

clearances being maintained should also be compensated. Therefore, depending on the recommendations

of DS compensations will be paid to affected parties where necessary.

The modified line route was plotted over a geographical map and banners are prepared.as shown in

Annexure-12. These banners are displayed in relevant Grama Niladhari offices and along the line route for

the awareness of public. Telephone numbers and contact details of the officers of PMU have also been

displaced in banners to aware the public about means of getting additional information if necessary.

Forest Department hasn’t still provided their compensation estimate. Coastal Conservation Department has

given their consent for the line route without any compensation.

Divisional Secretary (Town & Gravets), Coastal Conservation Department and Forest Department has

granted approval for the right of way of the adjusted line. The relevant correspondents are attached in

Annexure-7.

4.3 Summary of Public Consultations and Information disclosure of this sub project

Name of the sub Project: 33kV tower line from Irakkandi gantry to Kumburupiddi gantry

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Name of the village/s: Kumburupiddi Name of the GNDs: Kumburupiddi – North, Kumburupiddi – East, Kumburupiddi – South Name of the DS Division: Kuchchaveli

Date of the consultation: 19.12.2016, 26.01.2017

Participants (19/12/2016) 1. Mr. K D D Parakum Bandara, Range Forest Officer, Range Forest Office,Gomarankadawala. 2. Mr. Nandana Pushpakumara,, Manager, Raigam Eastern Salt Company, Kumburupiddi.

Participants (26/01/2017)

1. Mr. Subramaniam Amirthalingam, Ward No. 06, Kumburupitiya. 2. Mr. Senthil Vadivel Thurainagam, Ward No. 06, Kumburupitiya. 3. Mr. Selwamalar Gowreeswaran, Ward No. 06, Kumburupitiya. 4. Mr. Sadis, Ward No. 06, Kumburupitiya. 5. Mr. Nicolas Leo Duke, No. 33, Custom Road, Trinco.

Activities conducted:

• Explain the requirement of new line

• Information given on the selected line route

• Collecting details of land owners/tenants

• Distribution of W notices

• Explained about how to respond to the W notice

• Introduce relevant officers of PMU who are working on this line

• Tree marking on 10m width of the RoW

18

CHAPTER 5 - GRIEVANCE REDRESS MECHANISM

The project will establish a multi-tier grievance redress mechanism (GRM) to address the concerns,

complaints and grievances that may be raised by APs during project planning and implementation. The

grievances may include issues related to land acquisitions, entitlements and compensation, disruptions to

livelihoods, services and facilities etc. Complaints can also arise from sub-project construction work, which

cause disturbances to public life and hindrances to private and public property. The latter can come from

the APs as well as from the general public. The GRM will provide a forum which is easily accessible to

the aggrieved parties, cost effective and immediately responsive to their grievances. The project

management unit (PMU) will establish a clear set of procedures with specific time frames for grievance

resolution at each level which will include procedures for receiving and recording grievances, screening

and referrals, assessment of grievances, grievance resolution, reporting and monitoring.

The PMU has informed the APs and the general public on the role and functions of the GRM, grievance

redress procedures, the operational locations of the GRM and the details of contact persons, addresses and

telephone numbers at each level of the GRM.

5.1 Multiple Tiers of the GRM

The lowest level of the GRM will be the Project Implementation Units (PIU) established at each of the four

regional divisions of the CEB directed by a Project Manager. The persons affected by the project can report

their grievances and complaints to the Project Manager who will record the contact details of the

complainant, date that the complaint was received, nature of grievance, corrective actions agreed and the

date these were implemented and the final outcome. Any affected person who cannot access the Project

Manager due to any access difficulties can forward his/her complaint via the area engineers of CEB or

electrical superintendents placed at CEB depots who are easily accessible to any aggrieved parties. The

Project Manager in consultation with the project engineers placed under him as well as with the construction

company will hold an inquiry into the complaints/grievances and address the issues within a period not

exceeding thirty days. The PIU will keep the complainants informed of the progress made in respect of their

grievances and the final outcome of the grievance resolution. Grievances/complaints that cannot be resolved

at PIU level will be forwarded to the Project Director of the PMU.

In parallel to the Project Manager of the PIU, there will be second level of the GRM which will be

constituted by the Divisional Secretary (DS) of the respective area. The Divisional Secretary has been

delegated with the powers of the Public Utility Commission (PUC) and empowered to address the

complaints and grievances of the APs and the utility companies.1 Grievances and complaints particularly

with regard to issues of severances and disturbances to private properties and compensation for lost/affected

assets can be brought to the notice of the DS immediately after the issuing of W Notice by CEB informing

the affected households located within the Right of Way about the project design and implementation plan.

The Divisional Secretaries are easily accessible to any communities. If any aggrieved parties have access

difficulties to Divisional Secretaries, they can forward their complaints via the Grama Niladharis of their

respective villages. The DS will hold an inquiry into the complaints/grievances reported with the

1 Sri Lanka Electricity (Amendment) Act, No.31 of 2013.

19

participation of the Project Manager of the PIU and the project engineers of the contractors to find an

amicable settlement to the issue. This process will be completed within a period not exceeding six weeks

since the submission of the complaint/grievance by the AP.

The complaints and grievances that were not resolved at the above mentioned two levels will be referred to

the PMU. At the PMU, a grievance redress committee (GRC) will be established comprising the Project

Director (Chairperson), the Project Manager in the relevant region, the DS or his nominee in the relevant

project area, the Grama Niladhari of the relevant project area, project engineer of the contractor in the

relevant project area and the head of the Environment Division of the CEB. The GRC will review the

complaints/grievances and reach a negotiated settlement in consultation with the AP. The time frame

stipulated for redress of grievances by the GRC is three months.

These project based grievance redress mechanisms however, will not impede the opportunities that APs

have to resort to country’s legal system if they were dissatisfied with the redress at any stage of the process. The APs have the right to refer their grievances to appropriate courts of law if not satisfied with the

outcomes of the project based GRM. Error! Reference source not found. below illustrates the structure

and the process of the proposed GRM.

5.2 Sub Project Details

All Aps were educated about GRM by the time of W-notices are distributed. Clear instructions have been

printed on W-notices on how to forward objections either to DS or Project Manager.

Contact details of Project Manager were printed on the W-notice. Only six objections received on line route

from Irakkandi gantry to Kumburupiddi gantry. All objections were solved by deviating the route as decided

by the Project Manager and DS.

20

Figure 0.1: Grievance Redress Mechanism

Complaints by individuals, groups or institutions

Reginal Project Manager

Complaints to Projrct Director

Divisional Secretary of the area

GRC meetings

Solution agreed

upon to be

implemented by

representatives

at GRC

Solution agreed

upon to be

implemented by

a third party

No agreements

reached

Proceed to court

of law

Not addressed

Solution to

be provided

within 6

weeks of

receiving

complaint

Not addressed

Solution to

be provided

within 30

days of

receiving complaint

Solution to

be provided

within 3

months of

receiving

complaint

21

CHAPTER 6 - LEGAL FRAMEWORK

The policy and the regulatory framework for acquisition of private land, payment of compensation and

involuntary resettlement in Sri Lanka is governed by the Land Acquisition Act (LAA) No.9 of 1950 and its

subsequent amendments, Land Acquisition and Payment of Compensation Regulations of 2009 and

National Involuntary Resettlement Policy (NIRP) of 2001. The Sri Lanka Electricity Act No.20 of 2009

[Chapter VII (52 (1))] refers to acquisition of property which provides for, “Where the President on a recommendation made by the Minister is of the opinion that any immovable property is required for a power

generation project or a transmission project and that such project would serve for the general welfare and

benefit of the public, the President may by Order published in the Gazette, declare that such immovable

property is required for such purpose, and the property may accordingly be acquired under the Land

Acquisition Act and be transferred to the person or persons proposing to carry out such project”.

6.1 Land Acquisition Act of 1950

The Land Acquisition Act (LAA) No.9 of 1950 lays down the general procedure for the acquisition of

private lands for a ‘public purpose’ (e.g. development projects), the process of which would take about

seventy-two weeks for its completion. The law also stipulates that lands acquired for a particular purpose

cannot be used for a different purpose, and lands that remain unused be returned to the original owners. The

process stipulated in the Act is as follows.

• The agency which is entrusted with the responsibility of implementing the proposed project (hereinafter

called the project implementing agency) or its line ministry prepares a proposal for acquiring the identified

land.

• The project implementing agency via its line ministry submits the application to the ministry of land

requesting the acquisition.

• The minister of land authorizes the acquisition under Section 2 of the LAA.

• The acquiring officer2 publishes the Section 2 Notice (intention of acquisition) and sends it to the owner

of the land to be acquired.

• The acquiring officer requests the district superintendent of surveys to survey the land.

• The survey department carries out the survey and prepares a plan of the land which is called the

‘advance tracing’. • The ministry of land calls for submission of any objections from the interested parties.

• The owner of the land or any other interested parties submits objections to the secretary of the relevant

line ministry.

• The secretary to the ministry or his/her representative conducts an inquiry into the objections raised by

the interested parties and submits his/her recommendations to his/her minister. The minister in turn submits

those recommendations to the minister of land.

• The minister of land decides to accept or reject the objections under Section 5 of LAA.

• The minister of land issues the acquisition order if he decided to proceed with the land acquisition.

• The acquiring officer requests the survey superintendent to prepare a ‘preliminary plan’ under Section 6 of LAA.

2 The acquiring officer is the divisional secretary of the area where the proposed land is located.

22

• The survey department surveys the land and prepares the preliminary plan and submits it to the

acquiring officer as well as to the ministry of land.

• The acquiring officer issues the notice of land acquisition under Section 7 in Sinhala, English and

Tamil.

• The owner of the land submits his/her claims to the acquiring officer.

• The acquiring officer conducts an inquiry to determine the ownership rights of the land and the

compensation payable under Section 9 of LAA.

• The acquiring officer issues the notice of ownership status of the land under Section 10(1)(a) of LAA

• The acquiring officer requests the valuation department to determine the compensation for the property

to be acquired.

• The valuation department conducts the valuation of the land and other properties.

• The valuation department sends the valuation report to the acquiring officer.

• The acquiring officer calls the owner of the land to his office and informs the results of the valuation

of the land.

• The acquiring officer issues the Section 17 of LAA award notice which indicates the eligible

compensation.

• The owner of the land decides either to accept the compensation or to appeal against the valuation to

the Board of Review.

• The acquiring officer takes over the possession of the land under Section 38 of the LAA.

• The acquisition officer hands over the possession of the vested property by way of a certificate under

Section 44 of LAA which constitutes a legal title for the land.

The same Act also makes provisions under Section 38 (a) proviso to take over the immediate possession of

any land on grounds of ‘urgency’, if the Minister of Lands is of the opinion that the land is ‘urgently’ needed for development projects and cannot wait until the compensation inquiry is over. In such a situation, the

Minister of Land may issue an order under Section 38 (a) proviso after Notices under Section 2 or 4 are

published. The acquiring officer will thereafter request the Chief Valuer to prepare a Condition Report of

the property, as at the date of taking over, in order to facilitate assessment of compensation to be paid once

Section 7 Notice is published later on. The application of Section 38 (a) proviso avoids a number of

provisions prescribed under the general procedure for land acquisition. This provision in the LAA bypasses

the issue of Section 4 Notice, which allows the land owner or any other interested parties to raise their

objections to the acquisition of a particular land. Furthermore, Section 38 (a) proviso allows the acquiring

officer to take over the immediate possession of the land, and vesting it on the institution which has

requested the acquisition of such land, before the compensation is paid to the affected parties.

6.2 Land Acquisition and Payment of Compensation Regulations of 2009

The LAA provides for the payment of compensation on the basis of ‘market value’ defined as the ‘amount which the land might be expected to have realized if sold by a willing seller in the open market as a separate

entity’. This ‘separate entity principle’ resulted in hardships particularly when a small part of a larger land was acquired. In the open market such a small area of land fetched a minimum value. The Land Acquisition

Regulations of 2009 approved by the Cabinet of Ministers and the Parliament and published in the

Government Gazette of 07th April, 2009 gave the legal status to these Regulations and bound all

development projects by the consolidated land acquisition and resettlement/rehabilitation processes

23

outlined in the National Involuntary Resettlement Policy of 2001. The Regulations redefine the valuation

approach for market value and states that ‘in the case of land where part of a land is acquired and when its value as a separate entity deems to realize a value proportionately lower than the Market Value of the main

land the compensation should be proportionate to the value of the main land’. The Regulations also provides additional compensation beyond ‘market value’ and incorporates compensation for injurious affection, severance and disturbances based on the principle of value to owner (Gazette notification

No.1596 of 7.4.2009). The regulations also provide for payment of compensation to non-titleholders.

6.3 National Involuntary Resettlement Policy of 2001

The LAA does not provide clear guidelines directing the Project Executing Agencies (PEAs) to address

key resettlement planning and implementation issues such as (a) exploring alternative project options to

avoid or minimize impacts on people; (b) compensating the non-titled persons who will be affected by a

project but are currently using and dependent on land; (c) consulting affected persons and resettlement hosts

on resettlement options; (d) providing for successful social and economic integration of the affected persons

into the host communities, and (e) rehabilitating affected persons along with income restoration measures.

In order to address the gaps in the LAA, the Government introduced the National Involuntary Resettlement

Policy (NIRP) in 2001. The NIRP principled on human and ethical considerations entails the payment of

resettlement value (replacement cost) and arranges for their resettlement and where necessary even their

rehabilitation.

The NIRP is designed to ensure that (i) project affected persons are adequately compensated, relocated and

rehabilitated; (ii) delays in project implementation and cost overruns are reduced; and (iii) better community

relations are restored. The NIRP aims at ensuring that people affected by development projects are treated

in a fair and equitable manner, and to ensure that they are not impoverished in the process.

6.4 Policy Objectives

• Avoid, minimize and mitigate negative impacts of involuntary resettlement by facilitating the

reestablishment of the affected people on a productive and self-sustaining basis. Ensure that people

adversely affected by development projects are fully and promptly compensated and successfully

resettled. The livelihoods of the displaced persons should be reestablished and the standard of living

improved.

• Ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition

by the State for development purposes.

• Assist adversely affected persons in dealing with the psychological, cultural, social and other impacts

caused by compulsory land acquisition.

• Make all affected persons aware of processes, available for the redress of grievances that are easily

accessible and immediately responsive.

• Have in place a consultative, transparent and accountable involuntary resettlement process with a time

frame agreed to by the Project Executing Agency and the affected persons.

6.5 Policy Principles

• Involuntary resettlement should be avoided as much as possible by reviewing alternatives to the project

24

as well as alternatives within the project.

• Where involuntary resettlement is unavoidable, affected persons should be assisted to re-establish themselves and improve their quality of life.

• Gender equality and equity should be ensured and adhered to throughout.

• Affected persons should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity.

• Replacement land should be an option for compensation in the case of loss of land; and in the absence of replacement land cash compensation should be an option for all affected persons.

• Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs.

• Resettlement should be planned and implemented with full participation of the provincial and local authorities.

• Participatory measures should be designed and implemented to assist those economically and socially affected to be integrated into the host communities.

• Common property resources and community and public services should be provided to affected persons.

• Resettlement should be planned as a development activity for the affected persons.

• Affected persons who do not have title deeds to land should receive fair and just treatment.

• Vulnerable groups should be identified and given appropriate assistance to improve their living standards.

• Project Executing Agencies should bear the full costs of compensation and resettlement.

6.6 Compliance of Sri Lanka’s Policy and Legal Framework with ADB Safeguards Policies

The policy principles of ADB Safeguard Policy Statement (SPS) emphasizes the need to ‘screen the project early on to identify past, present, and future involuntary resettlement impacts and risks’ and carry out meaningful consultations with affected persons, host communities, and concerned non-government

organizations. The LAA provides for the screening of projects at the stage where a request for acquisition

is initially received by the Minister of Lands as well as consequent to the initial investigation where there

is a period of public objections and review of same. Meanwhile, the National Environmental Act of 1980

(NEA) and its subsequent amendments empowered the Central Environmental Authority (CEA) to review

and evaluate the environmental impacts of development projects. Development projects designated as

“prescribed projects” by CEA require their project proponent agencies to submit either an Initial Environmental Examination (IEE) report or an Environmental Impact Assessment (EIA) for the review and

evaluation by the project approving agencies. The assessment of the social impacts of such prescribed

projects including involuntary resettlements is a component included in the EIA process. The preparation

of an EIA is a lengthy process and needs to be conducted through a participatory process. The guidelines

25

prescribed by CEA for the review and approval of an EIA require information disclosure during

environmental screening, conducting public consultations, disclosure of the report for public scrutiny,

allocating a specific time period for the public to submit their written comments, and conducting public

hearings. The NEA equally applies to electricity projects as well.

The ADB SPS stipulates the need to ‘inform all displaced persons of their entitlements and resettlement

options and to ensure their participation in planning, implementation, and evaluation of resettlement

programs’. However, there are no legal provisions that necessarily require that the affected parties be empowered and provided an opportunity to participate in the planning, implementation, monitoring and

evaluation of resettlement programs. The National Involuntary Resettlement Policy (NIRP) of 2001

prescribes that affected persons should be fully involved in the selection of relocation sites, livelihood

compensation and development options at the earliest opportunity. It further states that where a project

causes involuntary resettlement of over twenty families a resettlement plan should be prepared.

The ADB SPS also looks at the Grievance Redress Mechanism for the purpose of receiving and facilitation

of the resolution of the grievances of affected parties. The LAA provides a limited grievance redress

mechanism whereby certain grievances of the affected parties relating to compensation can be referred to

the Land Acquisition Board of Review established in terms of the LAA, in addition to the inquiry under

Section 9 and 17. This is a limited mechanism that only addresses issues pertaining to compensation. The

Land Acquisition Regulations of 2013 provides development projects to be designated as ‘specified projects’ by the Ministry of Lands with the ratification of the Parliament of Sri Lanka. Eighteen development projects have been declared as ‘specified projects’ in the government gazette No.1837/47 of

22.11.2013. The ‘specified projects’ qualify to establish Land Acquisition and Resettlement Committees (LARC) in the divisional secretariat divisions where the persons affected by land acquisition and

dissatisfied with statutory compensation that he/she received can make their representations. The

regulations of 2013 provide for a comprehensive ex-gratia compensation package to the project affected

persons. Affected parties also have the opportunity of appearing before the LARC proceedings and those

dissatisfied with LARC decisions on compensation may appeal to the Super LARC established at national

level. In this sense, LARC also serves as a grievance redress mechanism and a mechanism to ensure that

affected parties are compensated for their losses at ‘replacement cost’. However, provisions in 2013 Regulations do not apply to CEB since it has not obtained ‘specified project’ status to any of its electricity projects.

While the LAA provides for the payment of compensation at ‘market value’, the NIRP policy principles mandate the payment of full replacement cost as compensation which is very much in compliance with the

ADB SPS. The ADB SPS prescribes the payment of prompt compensation. The LAA however contains

provisions that enable the delayed payment of compensation by the State. However, in practice, various

administrative arrangements are being made by project executing agencies to minimize delays in the

payment of compensation and to make such payments available at the earliest possible opportunity may be

by way of advance payments. Where acquisition takes place on the basis of urgency, an affected party can

be deprived of the asset well before the compensation takes place. However, in practice certain projects had

taken a decision not to deprive an asset until compensation has been paid, the exception being where a

dispute has been referred for adjudication.

26

The policy principles of ADB SPS also places its emphasis on the need to ‘ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and

compensation for loss of non-land assets’. The NIRP recognizes that affected persons who do not have title deeds to land should receive fair and just treatment.

The ADB SPS recommends preparing ‘a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood strategy, institutional arrangements, monitoring and reporting framework,

budget, and time-bound implementation schedule’. The NIRP mandates the preparation of a resettlement

plan in order to streamline resettlement where 20 or more families are affected.

The ADB SPS specifically recommends that needed assistance be provided to those affected by

displacement. The Land Acquisition Regulations of 2008 provide for certain types of assistance to be

extended to affected parties within the scope of enhanced compensation. Non-monetary assistance as

intended in the regulations is best achieved through resettlement planning.

6.7 Involuntary Resettlement Safeguard Principles applicable to the Project

Based on the national policy and regulatory framework and the safeguards policy of ADB, the project

implementation will be guided by the following safeguards principles.

• Adverse impacts arising from project design, planning and implementation including involuntary

resettlement would be avoided, minimized and mitigated by exploring design alternatives.

• Project related information including entitlements to affected persons (APs) will be disclosed in a

timely manner and will be made available in places easily accessible to them and in local languages.

• Consultations will be carried out with APs and their communities to elicit their views and

suggestions on project design and implementation procedures and to ensure their participation in

project planning, implementation and monitoring.

• Given the lengthy and cumbersome procedures involved in land acquisition, the Project

Implementing Agency (PIA) i.e. CEB will opt for a negotiated settlement based on the willing

buyer – willing seller principle – to acquire the land required for the project, but will ensure

transparency, consistency and fairness in all its transactions including third party validation,

calculation of replacement cost of land and other assets, record keeping etc. If, however, negotiated

settlement failed, PIA will follow the acquisition procedure prescribed in the LAA and will ensure

that APs are compensated at replacement cost as per the 2008 Regulations.

• Permanent and temporary loss of crops, standing trees and commercial trees due to project

constructions will be compensated at replacement value determined by the Divisional Secretaries

of the respective areas.

• Civil construction works will be scheduled for off-farming seasons to minimize adverse impacts

on crops and cultivations.

• Vulnerable persons/households affected by land acquisition, and physical and/or economic

displacement will be provided with resettlement assistance.

• All entitlements and compensation will be paid to the APs prior to the commissioning of the civil

construction work.

• Livelihoods and incomes of all displaced persons will be restored and improved.

27

• Grievance redress mechanisms will be established at different levels from construction sites to the

PIA level to receive and resolve any grievances from APs and to be resolved within a reasonable

time frame.

• Contractual agreements with construction companies will ensure that contractors adopt adequate

safety measures and avoid disturbances causing from noise, dust etc.

• A resettlement plan will be developed incorporating APs entitlements, compensation procedures,

plans for livelihood and income restoration and improvement, grievance redress mechanisms etc.

and will be disclosed in an accessible place and in a form and language(s) understandable to APs

and other stakeholders.

• Compliance with the safeguards policies and principles by PIA and the outcomes and impacts of

resettlement will be monitored by both internally and externally.

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CHAPTER 7 - ENTITLEMENTS, ASSISTANCE AND BENEFITS

Any person or household, or community who suffers loss of land, shelter, business, and incomes because of the

Project impact irrespective of their title is eligible for receiving compensation and/or rehabilitation and

resettlement assistance to offset such losses enabling restoration of living conditions to a state better or equal to

the pre-project situation. All APs who are identified in the project-impacted areas on the cut-off date will be

entitled to compensation for their affected assets, and rehabilitation measures. The cut-off date for titleholders

will be the date of formal notification under LAA, i.e. date of issuing Section 2 Notice, and for non-titleholders

it would be the date of the census survey conducted based on the final design and survey. Those who encroach

into the subproject area after the cut-off date will not be entitled to receive compensation or any other assistance.

7.2 Entitlements

The entitlement matrix (Error! Reference source not found.) summarizes the main types of losses and the

corresponding entitlements in accordance with the policies and legal framework of the GoSL and ADB

safeguard policies.

Table 7.1: Entitlement Matrix

No. Type of Loss Affected persons Entitlement Details

1. Agricultural /commercial plantation land to be acquired

Legal titleholders/persons with land use rights recognized under the law

Cash compensation at replacement cost and transaction costs

• Statutory compensation as per LAA and 2009 LA regulations

• Cash compensation at replacement value for lost trees and crops

• Compensation for the residual land if the remaining portion is a non-viable entity and the willingness of the land owner to surrender that land

• Three months advance notification for harvesting crops, or compensation for crop damage

• Transaction costs of land acquisition caused to the AP

2. Full loss of residential land and structures


Cash compensation at replacements cost and resettlement assistance

• Statutory compensation as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials

• Right to salvage material from the demolished structure

• Resettlement assistance (transportation, transitional housing) and livelihood restoration support as per the 2009 LA Regulations

3. Partial loss of residential land and structures


Cash compensation at replacement cost and resettlement assistance

• Statutory compensation as per LAA and 2009 LA regulations

• Compensation for the residual land and structure if the remaining portion is a non-viable entity and

29


the willingness of the land owner to surrender that land and structure


• Resettlement assistance (transportation, transitional housing) and livelihood restoration support as per the 2009 LA Regulations

4. Full loss of commercial properties & businesses


Cash compensation at replacement cost

• Statutory compensation for land and structure as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials


• Cash assistance for re-establishing the businesses as stipulated in the 2009 LA Regulations

5. Partial loss of commercial properties & businesses



• Statutory compensation for land and part of structure as per LAA and 2009 LA regulations without deduction of any depreciation or salvageable materials

• Compensation for the residual structure if the remaining portion is a non-viable entity and the willingness of the land owner to surrender that structure


• Cash assistance for re-establishing the businesses as stipulated in the 2009 LA Regulations

6. Loss of residential structure

Squatters/ Encroachers/non-titleholders


• Cash compensation at replacement cost


• Additional assistance will be paid to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation

7. Partial loss of residential structure

Squatters/ Encroachers/non-titleholders


• Compensation only for the affected structure at replacement cost according to the actual loss to repair or rebuild the structure to original or better condition when remaining part is sufficient for rebuilding.


30


• Additional assistance will be paid to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation

8. Loss of livelihoods

Squatters/encroachers/non-titleholders/Tenant farmers/share croppers/ vulnerable3 and poor households4

Rehabilitation assistance

• Cash assistance to re-establish livelihoods & incomes determined on the basis of the scale of the livelihood activity

• Livelihood related training, access to credit and markets to the AP or a family member

• Cash assistance to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation

9. Permanent loss of standing trees and commercial trees

Titleholders/non-titleholders/tenant farmers/sharecroppers


• Cash compensation determined by the Divisional Secretary based on the type, age, productivity, lost income during the life cycle of the trees

• Three months advance notification for harvesting crops

• Cash assistance to vulnerable APs not exceeding a lump sum of LKR 10,000 + 5% to compensate for annual inflation

10. Temporary loss of crops and trees during project construction and maintenance

Titleholders/non-titleholders/tenant farmers/sharecroppers

Cash compensation at replacement cost and special assistance to vulnerable APs

• Cash compensation determined by the divisional secretary based on the type, age, productivity, lost income and time taken to re-establish the crops/trees to similar stage of development

• Restoration of land to its previous or better condition

• Three months advance notification for harvesting crops/trees

• Additional cash assistance for APs affected by tower footings not exceeding LKR 10,000

• Cash assistance to vulnerable APs not exceeding LKR 10,000 + 5% to compensate for annual inflation

11. Disturbances to livelihoods during project construction

Titleholders/non-titleholders/tenants farmers/sharecroppers


• Cash compensation at replacement cost for loss of work days and incomes determined on the basis of the scale of economic activities

12. Damages caused to private

Titleholders/non-titleholders/tenants

Rehabilitation & restoration

• The contractor will be responsible to rehabilitate and restore the

3 Includes women headed households, elderly, and landless 4 Households living below the official poverty line and who receive the government’s food subsidy

31


properties during project construction

damaged properties to the same or better level

13. Unforeseen impacts

Affected persons Will be assessed and determined based on safeguards principles and incorporated into the Entitlement Matrix

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CHAPTER 8- RELOCATION AND INCOME RESTORATION

The sub project of 33kV tower line from Irakkandi gantry to Kumburupiddi gantry will not cause any physical

displacement of the populations. However, it will result in economic displacements to a considerable population.

The total length of the finalized line route is 7.6 km. The 1.5 km length of line goes through the forest

reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km length of line

goes through the saltern managed by the Raigam Salt Company. Therefore, the overall impact of the losses on

households’ economy and living standards is very less. The line will cause loss of 204 nos. standing and

commercial trees. Out of them, 40 nos. trees lie in CCD area, 82 nos. trees lie in Forest Department area and

balance 82 nos. trees lie within seven private lands. Among these 82 nos. of trees in private lands , 59 nos. are

palmyra trees along the land boundaries.

The trees to be cut-down will be compensated at replacement value determined by the divisional secretary based

on the type and age of the tree, its productivity, and the lost income during the life cycle of the trees. DS

(Kuchchaveli) has already assessed the compensation to be paid for these trees in private lands.

Similarly, APs will also be compensated for any losses during construction and maintenance periods at

replacement cost. In addition, additional cash assistance up to LKR 15,000 is to be provided to APs affected by

tower footings. The project will also provide cash assistance for encroachers, squatters, non-title holders,

tenants and sharecroppers to re-establish livelihoods and incomes determined on the basis of the scale of their

livelihood activity. The vulnerable APs will be provided with additional cash assistance in the form of a lump

sum not exceeding LKR 10,000 and 5% to compensate for annual inflation per affected household. The PMU

will issue advance notice to the APs prior to the start of the construction work and all the compensation will be

paid prior to the commencement of civil works. In case of any maintenance work in the future, CEB will follow

the same procedure to provide compensation to the APs. Therefore, all permanent and temporary economic

losses will be properly compensated, but no physical relocation or long-term income restoration programs are

envisaged for this project.

33

CHAPTER 9 - RESETTLEMENT BUDGET AND FINANCING PLAN

The resettlement budget was prepared based on the Entitlement Matrix which provides for payment of compensation at replacement cost and includes compensation for loss of trees and crops. The compensation for tower footings in this budget will be revised and updated after completion of the final engineering designs. CEB will disburse the necessary funds through PMU to cover the land compensation costs.

9.1 Notes on Budgetary Provisions

The following section describes the criteria used for calculating the resettlement budget.

1. Compensation for temporary loss of crops and trees: The 1.5 km length of line goes through the

forest reservation, 3.9 km length of line goes along the coastline of the Irakkandi lagoon and 2.1 km

length of line goes through the saltern managed by the Raigam Salt Company. There is no significant

income loss due to loss of vegetation or other crops within this line traverse. The significant income

loss will come over the loss of standing and commercial trees. Based on the type, age, productivity, lost

income and time taken to re-establish the trees to similar stage of production the compensation will be

estimated by DS and Forest Department.

2. Compensation for tower footings

The assessed compensation for tower footings is SLR 15000/- and it will be paid to the party decided

by DS.

3. Compensation for loss of salt production

Loss of salt production during the construction period will be assessed considering the production line

activities and nature of disturbance to saltern.

4. Resettlement Assistance for vulnerable households: There are no any household who lives below the

official poverty line and residing in the sub project execution area.

Compensation will be paid after getting the concurrence of ADB for the adjusted route. Table 0.1: Resettlement Budget

No Item unit Unit rate quantity Duration Total Cost

Rs.

01 Loss of standing trees and

commercial trees

Number Refer Table 9.2

204 Paid after route approval received from ADB

1,250,000/

02 compensation for utilization of land for tower footing

Number 15,000 26 As decided by DS

390,000/-

03 Cost of Irakkandi gantry land

Paid before start gantry work

1,100,000/-

04 Kumburupiddi gantry land long term lease

As requested by DS

250,000/-

05 Loss of salt production As agreed with Raigam Salt Company

500,000/-

06 Losses to CCD area 750,000/

Grand Total 4,240,000/-

34

Table 0.1: Estimated Value of Trees to be affected on the RoW of 33 kV Lines

Serial No. Name of the Tree No of Trees

1 ඉපිල් ඉපිල් / Ipil Ipyl 1

2 කඩ ොලොන / Mangroves 45

3 කදුරු / Kaduru 1

4 කරඳ / Karanda 1

5 කිහිරිය / Kihiriya 4

6 ඩකොඩ ොඹ / Khomba 8

7 ගංසුරිය / Gansuriya 2

8 තල් / Palmyra 69

9 දං / Cranberry 5

10 දිවුල් / Wood Apple 1

11 නුග / Nuga 2

12 පලු / Palu 17

13 ඩපොල් / Coconut 9

14 මයිල / Mayila 15

15 මිල්ල / Milla 1

16 යක මරං / Yakadamaran 1

17 ඩෙලන් / Welan 15

18 සියඹලො / Tamarind 1

19 ැළඹ / Helamba 1

20 හික් / Hik 5

21 Total 204

Estimated cost SLR 1,250,000/-

35

CHAPTER 10 - INSTITUTIONAL ARRANGEMENTS

CEB will be the executing and implementing agency for the components to be financed by the loan. A

steering committee, chaired by the MPRE secretary, guide CEB and review progress and results. CEB

set up project management units.

The PMU will be responsible among other things for overall coordination, supervision and monitoring

of project’s compliance with social safeguards which include resettlement planning, fund disbursements, coordination of all activities related to RP implementation, monitoring and reporting.

The PD will also liaise with CEB and ADB for all functions related to safeguards management and

reporting. The PD will be assisted the Project Implementation Unit (PIU) headed by Project Manager

(PM). PIU placed in CEB’s distribution division-1 coordinate all functions and activities related to

project implementation including social safeguards management in all respective regions.

For this subproject the PIU has a project engineer and an electrical superintendent.

In the implementation of the RP, PMU will carry out the following functions.

• Prepare the draft RP, final RP and any other updated versions of RP through meaningful consultations

with APs and other stakeholders and submit to the ADB

• Coordination with relevant government agencies

• Monitor the compliance of the RP implementation with safeguard policies and plans

• Prepare budgets and disburse funds required for the planned activities of the RP

• Ensure the timely and effective disclosure of information to the APs and the conduct of consultations

• Facilitate the prompt payment of compensation to the APs before land is handed over to the contractors

and the commencement of civil works

• Engage in grievance redress and ensure the prompt resolution of complaints

• Conduct periodic reviews, appraisals, surveys and studies

• Report to both the Government of Sri Lanka and ADB

The project engineer and his staff carry out the following resettlement and monitoring related activities for this

particular sub project.

• Ensure the smooth implementation of the resettlement activities

• Coordinate with local officials involved in resettlement activities

• Ensure budget and fund availability for resettlement activities

• Engage in grievance redress and ensure prompt resolution of complaints

• Report AP grievances to the PMU and ensure their resolution if complaints cannot be resolved at PIU

level

• Disburse compensation and other assistance to APs

• Ensure APs participation in resettlement activities

• Coordinate with contractors and ensure that contractors address the grievances of the APs on any issues

affecting them during project construction

• Prepare periodic progress reports for submission to the PMU

activities.

36

Table 0.1 describes the roles and responsibilities of the different agencies related to land acquisition and

resettlement activities.

Table 0.1: Institutional Roles and Responsibilities for Resettlement Activities

Pre-project implementation stage

Establish the PMU CEB

Appoint PD, PMs and staff to regional PIUs CEB

Finalize sites for subprojects CEB, PMU & PIU

RP preparation and updating stage

Conduct surveys, appraisals, consultations in subproject locations

CEB, PMU & Consultant

Prepare the draft RP CEB, PMU & Consultant

Disclosure of draft RP CEB & ADB

Update the RP based on final and detailed engineering designs

CEB & PMU

Disclosure of final RP CEB & ADB

RP Implementation stage

Establish the Grievance Redress Mechanism (GRM) PMU

Disclose information on GRM PMU

Initiate negotiations for land acquisition PMU

Finalize land transactions PMU

Prompt payment of compensation for land owners PMU & PIUs

Prompt payment of compensation for loss of crops, trees, livelihoods etc.

PMU & PIUs

Take over the possession of land PMU

Hand over the sites to contractor PMU

Conduct grievance redress PIUs, DS & PMU

Continue stakeholder consultations PIUs & PMU

Information disclosure PIUs & PMU

Monitor safeguards compliance PIUs & PMU

Progress reporting PIUs & PMU

38

CHAPTER 11 - IMPLEMENTATION SCHEDULE

Activities related to social safeguards management will go through different phases which include preparation

of draft and final RPs, public consultations and information disclosure, and disclosure of RPs, payment of

compensation and other assistance, grievance redress etc. All activities related to land acquisition and payment

of compensation and resettlement will be completed before subproject sites are handed over to the contractor

and the commencement of the civil work constructions. No physical or economic displacement of APs will

occur until full compensation is paid to the APs at replacement cost. All land will be freed from its

encumbrances before they are handed over to the contractor. Most of the resettlement related activities will be

completed prior to the commencement of civil works. However, public consultations, information disclosure,

grievance redress processes and monitoring will continue on an intermittent basis for the entire duration of the

project which is now considered to be 3 years. Table 0.1 presents an implementation schedule for resettlement

activities. The timeframe planned for the completion of all resettlement activities is one year. The

implementation schedule for resettlement activities are tentative and subject to modification based on the actual

progress of work.

Table 0.1: Implementation Schedule

Activity Time Frame Responsibility

Project Implementation Stage

Establish the PMU Completed CEB

Appoint PD, PMs and staff to PIUs Completed CEB

Finalize sites for subprojects Completed PMU

Project Preparation Phase

Conduct surveys, appraisals, consultations in subproject locations

Completed PMU

Prepare the draft RP Completed PMU

Disclosure of draft RP Completed PMU/ADB

Update the RP based on final and detailed engineering designs

Being completed PMU

Disclosure of the final RP each update, once approved by ADB before commencing physical work.

PMU

RP Implementation stage

Establish the Grievance Redress Mechanism (GRM)

Being Completed PMU

Disclose information on GRM Being Completed PMU

Initiate negotiations for land acquisition Not applicable

Finalize land transactions Not applicable

Prompt payment of compensation for land owners

Prior to start physical work of each site

PMU

Prompt payment of compensation for loss of crops, trees, livelihoods etc.

From 01/05/2019 until project completion on 31/03/2021

PMU

Take over the possession of land Before starting construction work

Hand over the sites to contractor After fully compensated for each site.

PMU

Conduct grievance redress from 01/06/2017 until project completion on 31/03/2021

PMU

Continue stakeholder consultations from 01/06/2017 until project completion on 31/03/2021

PMU

Information disclosure from 01/01/2017 until project completion on 31/03/2021

PMU

39

Activity Time Frame Responsibility

Monitor safeguards compliance from 01/06/2017 until project completion on 31/03/2021

PMU

40

CHAPTER 12-MONITORING AND REPORTING

The PMU of CEB hold the responsibility for monitoring the overall project processes, outputs, outcomes and

impacts in periodic intervals. It will establish a monitoring desk at the PMU to conduct the monitoring activities.

The monitoring officer will be assisted by the PIUs and the project manager by providing periodic progress

reports on the status of safeguards implementation.

The PMU has developed a monitoring plan which includes the key areas for monitoring, methodologies and

relevant indicators and plans for disclosure of monitoring results well in advance of the project implementation.

The monitoring system will also focus on engaging all the relevant stakeholders in the monitoring processes

and adopt participatory processes. The methodologies would include review of documents produced by the

PIUs, contractors etc., individual/group meetings with APs and other stakeholders and surveys and studies.

The monitoring officer will undertake regular field visits to project sites and engage in communication with

APs and ensure that consultations are conducted regularly and effectively. The monitoring process will also

focus on (i) the progress of the implementation of the RP, (ii) the level of compliance of project implementation

with safeguards plans and measures provided in the legal agreements including payment of compensation and

other resettlement assistance and mitigation of construction related impacts, (iii) disclosure of monitoring results

to the APs and other stakeholders and (iv) the level of consultations conducted with APs and other stakeholders

to address gaps in RP implementation and to identify necessary measures to mitigate, avoid or minimize adverse

impacts arising from project implementation and (v) redressal of APs’ grievances.

The monitoring officer will systematically document the monitoring results and monthly reports will be

produced. The PMU submit consolidated bi-annual reports for review by ADB on the progress of the safeguard

implementation of resettlement activities and any compliance issues and corrective actions adopted. These

reports will closely follow the involuntary resettlement monitoring indicators agreed at the time of resettlement

plan.

The indicators for safeguards monitoring will include the following.

Status of the RP – conduct of surveys and census after the completion of the final engineering designs and

updating the RP, disclosure to APs and other stakeholders and obtaining approval

Public consultations and information disclosure – type of consultations conducted, participation of APs and

other stakeholders, issues discussed and addressed, status of information disclosure, outcomes of consultations

and measures adopted to address them in the updated and final RP

Land acquisition – status of property valuation and acquisition process, objections from the interested parties,

legal action taken (if any), land clearances, handing over the land to contractors etc.

Payment of compensation – status of statutory and another ex-gratia compensation paid

Mitigation of adverse impacts arising from construction work – progress of construction work and any adverse

effects on adjacent communities

Grievance redress –status of handling grievances and grievance redress

The resettlement program of the subproject will be monitored internally by the officers attached to the PMU.

The objectives of monitoring the resettlement plan implementation are to provide information to the Project

Director on the following.

a. the progress of implementation of activities which has temporary impacts to the AP’s; b. record and assess project inputs on RP implementation,

c. problems encountered in the implementation of the RP as early as possible,

41

d. plan actions for timely resolution of the resettlement related issues, and e. assess whether compensation, rehabilitation measures are sufficient

The information collected through the monitoring will help to determine whether the land use restriction has any significant adverse impact on the APs and if so to address such issues satisfactorily and on time. The objective of RP monitoring is to assist the APs to re-establish/ improve the living standards and help to adjust to the living. The PMU safeguard officers will make recommendations for changes to the RP where necessary to achieve these objectives and report to the PD.

42

ANNEXURE 1: SUBPROJECT DETAILS, MAPS & PHOTOGRAPHS

VALIKAMAM WEST (1)

VALIKAMAM NORTH (3)

PACHCHILAPALLI (1)

KANDAVALAI (1)

PUTHUKUDIYIRUPPU (2)

ODDUSUDAN (1)

MANTHAI EAST (2) MADU (2)

VAVUNIYA NORTH (2)

KUCHCHAVELI (1)

KINNIYA (1)MUTHUR (3)

KARACHCHI (2)

KORALAIPATTU (7)

ERAVURPATTU (3)

THANAMALVILA (5)

HAMBANTOTA (1)

GALLE (1)

SAMANTHURAI (1)

THIRUKKOVIL (1)

UHANA (1)

MAHAOYA (2)

KEKIRAWA (1)

DAMBULLA (1)THAMANKADUWA (1)

AMBANGANGA KORALE (3)

DEHIATTAKANDIYA (1)

NAULA (1)

LAGGALA (1)WILGAMUWA (2)

PADIYATHALAWA (4)

UDUDUMBARA (8) MINIPE (3)

MAHIYANGANAYA (1)

RIDIMALIYADDA (2)

BIBILA (1)

MEDAGAMA (2)

MONARAGALA (2)

BUTHTHALA (4)WELLAWAYA (3)

HALDUMULLA (3)

HAPUTALE (1)

NUWARA ELIYA (2)

WALAPANE (1)GANGA IHALA (1)

AMBAGAMUWA (1)

DOLUWA (1)

MEDADUMBARA (2)

PATHAHEWAHETA (1)

HANGURANKETHA (3)

HEWAHETA (1)

PUTTALAM

KEERIYANKALLIYA

MAHO

MA-ELIYA

MALLAWAPITIYA

RATHMALGODA

IDANGODA

RATHNAPURA

WIMALASURENDRA

MASKELIYA

WARUKANDENIYA

MORAWAKA

YAKABEDDA

MATARA

MATTAKA

KUMBURUPITIYA

IRAKANDY

KAPPALTHURAI

6 MILE POST

UHANA

AMPARAKEGALLE

GEVILIPITIYA

WELLAWAYA

MONARAGALA

BADULLA

ELLA

MAHIYANGANAYA

BIBILA

THAWALANTENNA

CHOISY

DELFT

NAINATIVU

ANALAITIVU

DS Division of Proposed RE Schemes (No. of RE Schemes)

Proposed Gantry

Existing Gantry

Existing Grid Substation

Proposed Hybrid Renewable Energy Systems

Proposed 33 kV Tower Line

UKUWELA (1)

AKURANA (1)

ELPITIYA 11 MILE POST

TH

TH

Provincial Capital CitiesJAFFNA

COLOMBO

KANDY

ANURADHAPURA

BATTICALOA

KURUNEGALA

DS: Divisional SecretariatRE Shemes:Rural Electrification SchemesType of proposed 33kV tower lines: Double circuit lines with Lynx conductorType of proposed gantries: Two-section single bus bar

Proposed Existing Grid Substation for BSC

Pannipitiya

Biyagama

BSC: Breaker Switched CapacitorsSVC: Static Var Compensator

Proposed Existing Grid Substation for SVC

43

B. List of 33 kV Lines

CEB

Distribution

Division Province Line Length (km)

DD1 NWP Puttalam GS to Keeriyankelliya 27 NWP Mallawapitiya GS to Ratmalgoda 16 NWP Maho GS to Ma-Eliya gantry 24

DD2

CP Wimalasurendra GS to Maskeliya Gantry 10 EP Ampara GS to Uhana Gantry 10 EP Kappalthurai GS to 6th Mile Post gantry 13.92 EP Irankandy gantry to Kumburupitiya gantry 7.6 CP Choisy gantry to Thawalantenna 5 CP Kegalle GS to Gavilipitiya gantry 11

DD3

Uva Badulla GS to Ella 16 Uva Mahiyanganaya GS to Bibile 30 Sab Ratnapura GS to Idangoda via Ketaliyanpella 19 Uva Monaragala GS to Wellawaya 34

DD4 SP Warukandeniya to Morawaka 18

SP Elpitiya 11th Mile Post to Mattaka 11

SP Matara GS to Yakabedda Gantry 18

Total 270.5

44

C: Photographs of the sub project; 33kV tower Irakkandi gantry to 6th Mile Posti gantry

MEETING WITH HON.AJITH MANNAPPERUMA, MINISTER OF ENVIRONMENT AND OTHER

GOVERNMENT OFFICERS

2018.08.28

2018.08.28

45

LINE ROUTE SURVEYING PHOTOS

2017.10.02 At Irakkandy

2017.10.02 At Irakkandy

46

2017.10.03 At Kumburupiddy

47

ANNEXURE 2: 33 kV LINE ROUTE MAPS;

33kV tower line from Irakkandi gantry to Kumburupiddi gantry

–original route is indicated in Pink and the finalized route is indicated in red.

48

ANNEXURE 3: INVENTORIES OF THE 33 kV LINE ROUTES

F. 33 kV DC Lynx Tower Line from Irakkandi gantry to Kumburupiddi Gantry

No.

Kilometer

Dis

tan

ce (

km

)

No

of

Dis

tric

ts

an

d N

am

es

No o

f vil

lages

an

d

nam

es

No o

f T

ow

ers

Are

a

of

tow

er

(m2)

Are

a

un

der

th

e

RO

W (

m2)

Ow

ner

ship

of

Lan

d

(Pri

vate

,

Gover

nm

ent,

Fore

st)

Use

of

Lan

d

(Agri

cult

ura

l,

Pla

nta

tion

,

barr

en/f

all

ow

)

Nam

e of

crop

s

Typ

es a

nd

No o

f T

rees

No

of

Aff

ecte

d

Hou

seh

old

s

An

y

pu

bli

c

pro

per

ties

aff

ecte

d

Fro

m To

1 0 1 1 Trincomalee Kumburup

iddi 5

6×6

2000

0

Private &

Coastal

Conservat

ion Dept.

Forest/

Agricult

ural

Onion/Other trees

Palmyra– 19

Cranberry -

04

Coconut – 04

Others trees -

21

- None


iddi 3

6×6

2000

0

Coastal

Conservati

on Dept.

Forest

Other trees

Palmyra– 50

Coconut – 05

Others trees -

18

- One by road

is crossed,


iddi 3

6×6

2000

0

Coastal

Conservati

on Dept.

Forest

Other trees

Palmyra– 50

Coconut – 05

Others trees -

18

-


iddi 3

6×6

2000

0

Coastal

Conservati

on Dept.

Forest

Other trees

Others trees

- 13 -

5 4 5 1 Trincomalee Kumburupiddi

4

6×6

20000

Government, Forest & Coastal Conservation Dept.

Forest Other trees

Other trees -70 -

One by road and 33kV pole line are crossed,


3 6×6

20000

Forest & Saltern

Forest / Salt

Other trees

None -

49

No.

Kilometer

Dis

tan

ce (

km

)

No

of

Dis

tric

ts

an

d N

am

es

No o

f vil

lages

an

d

nam

es

No o

f T

ow

ers

Are

a

of

tow

er

(m2)

Are

a

un

der

th

e

RO

W (

m2)

Ow

ner

ship

of

Lan

d

(Pri

va

te,

Gover

nm

ent,

Fore

st)

Use

of

Lan

d

(Agri

cult

ura

l,

Pla

nta

tion

,

barr

en/f

all

ow

)

Nam

e of

crop

s

Typ

es a

nd

No o

f T

rees

No

of

Aff

ecte

d

Hou

seh

old

s

An

y

pu

bli

c

pro

per

ties

aff

ecte

d

Fro

m To

production


2 6×6

20000

Saltern Salt production

None -

8 7 8 0.6 Trincomalee Kumburupiddi

3 6×6

12000

Governm

ent &

Saltern

Salt production

Other trees

None - One by road within saltern is crossed

50

ANNEXURE 6: DETAILS OF TREES TO BE REMOVED FOR CLEARING THE RIGHT OF WAY

(ROW) OF 33 kV LINE; Irakkandi gantry to Kumburupiddi gantry

Serial No. Name of the Tree No of Trees

1 ඉපිල් ඉපිල් / Ipil Ipyl 1

2 කඩ ොලොන / Mangroves 45

3 කදුරු / Kaduru 1

4 කරඳ / Karanda 1

5 කිහිරිය / Kihiriya 4

6 ඩකොඩ ොඹ / Khomba 8

7 ගංසුරිය / Gansuriya 2

8 තල් / Palmyra 69

9 දං / Cranberry 5

10 දිවුල් / Wood Apple 1

11 නුග / Nuga 2

12 පලු / Palu 17

13 ඩපොල් / Coconut 9

14 මයිල / Mayila 15

15 මිල්ල / Milla 1

16 යක මරං / Yakadamaran 1

17 ඩෙලන් / Welan 15

18 සියඹලො / Tamarind 1

19 ැළඹ / Helamba 1

20 හික් / Hik 5

21 Total 204

Estimated cost SLR 1,250,000/-

51

ANNEXURE 7: CONSENT/ REQUEST LETTERS FOR LANDS IDENTIFIED FOR HYBRID POWER

PLANTS AND GANTRIES

Letter sent by CEB to Divisional Secretary regarding the basic information of the subproject

52

Letter sent by CEB to District Secretary regarding the basic information of the subproject

53

Letter sent by CEB to Divisional Secretary asking him for joint inspection

54

Letter sent by CEB to Divisional Secretary regarding line route approval

55

Letter sent by CEB to Divisional Secretary asking him for final route approval joint inspection

56

Letter sent by CEB to Wildlife Dept. asking for security to enter into forest

57

Letter sent to CEB by Wildlife Dept. regarding provision of guard officers to enter into forest

58

Line route approval from DS (Kuchchaveli)

59

Correspondence with Coastal Conservation Department

63

Route approval letter from Coastal Conservation Department

64

Correspondence with Forest Department

66

Letter of Divisional Forest officer granting approval for the subproject

67

Objection letters received and replies

78

Correspondence of Irakkandi gantry land

80

Co

82

Correspondence of Kumburupiddi gantry land

90

ANNEXURE 9: SUMMARIES OF PUBLIC CONSULTATIONS

A. Summary of Public Consultations conducted for 33 kV Tower Lines and Gantries:

Name of the Project: 33kV tower line from Irakkandi gantry to Kumburupiddi gantry

Name of the village/s: Kumburupiddi (North, South and East)

Name of the GNDs: Kumburupiddi – North, Kumburupiddi – South, Kumburupiddi – East

Name of the DS Division: Kuchchaveli

Date of the consultation: 19.12.2016, 26.01.2017

Issues discussed/Activities carried out:

• Explain the requirement of new line

• Information given on the selected line route

• Collecting details of land owners/tenants

• Distribution of W notices

• Explained about how to respond to the W notice

• Introduce relevant officers of PMU who are working on this line

• Tree marking on 10m width of the RoW

91

Annexure -10: Documents published by PUSL regarding route approval

.(1) NOTICE REQUIRING WAYLEAVE (W - NOTICE) To: …………………………………………………………………………………............. (name of the occupier of the land, if the occupier is not also the owner, name of the owner) In terms of Item 3 of Schedule I of the Sri Lanka Electricity Act, No. 20 of 2009 (as amended), a notice is hereby given requiring the grant of wayleave1 at the land located at: 1 'wayleave' means such interest in the land as consists of a right of licensee, to install and keep installed, an electric line on, under, or over, that land and to have access to that land for the purpose of inspecting, maintaining, adjusting, repairing, altering, removing or replacing such electric line. ……………………………………………………………………………………………………………………………………………………………………………………………............ (address of the land) A description of the required wayleave is given below: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... If you are willing to grant the required wayleave, please communicate it to the undersigned within twenty one (21) days from the date of this notice, in the form attached herewith. However, if no response is received by us within the said period, it would be considered that you are not willing to grant the wayleave. …………………………………………………. Signature of authorized officer of the licensee Name of authorized officer: …………………………………… Contact number: ………………………................................ Address: …………………………………………………... Date: dd/mm/yyyy (date of notice)

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(Form to be used by a landowner in granting wayleave)

(2) GRANT OF WAYLEAVE To: (licensee) I ……………………………………………………................................................................... (full name) being the owner / occupier* of the land located at .................................................. ..................................................................................................................................................... ……………………………………………………………….………… (address of the land), hereby grant the wayleave requested by the notice dated ….............. The wayleave is granted subject to the terms & conditions given below: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... …………………………… Signature NIC Number: .................................... Date: ................................. (*please strike off the inappropriate words)

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(3) WAYLEAVE AGREEMENT Parties: (1) Name: ...................................................................................... (“Owner / Occupier*”) Address: ...................................................................................... ...................................................................................... ...................................................................................... (2) Name: ...................................................................................... (“Licensee”) Address: ...................................................................................... ...................................................................................... ...................................................................................... Terms and conditions of the owner / occupier* of the land: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... Terms and conditions of the Licensee: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... We, the owner / occupier* of the land and the Licensee, agree to the above terms and conditions. ........................................................... ..................................................

………………………. ………………………

Owner / Occupier* of the land Licensee Date: ......................... Date: .............................

(*please strike off the inappropriate words)

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(4) Part 5 – Information for the general public

5.1 Wayleave

(a) As per the Electricity Act, the licensees are granted powers to install any electric line or electrical plant

under, over, in, on, along or across any street with the consent of the local authority or other relevant authority.

Hence, the licensees are not required to obtain wayleave from any landowner in such instances.

(b) But the licensees require wayleave to install or keep install an electric line on, over or under a land. The

licensees can obtain wayleave:

(i) by agreement between the parties (i.e. licensee and owner or occupier of the land)

(ii) by way of an authority granted by the Divisional Secretary; or

(iii) by way of an acquisition of the wayleave

(c) Initially, the licensee will issue a notice to the owner or occupier of the land requiring the wayleave. It will

make all reasonable efforts to secure the grant of wayleave (by agreement between parties) prior to making an

application to the Divisional Secretary requiring authority to install the electric line.

(d) Upon receipt of a notice requiring wayleave to install a new electric line, from a licensee, an owner or

occupier of the land may:

(i) grant wayleave without any terms & conditions - licensee will install the line

(ii) remain silent - licensee may consider that the owner of the land is not willing to grant wayleave and hence,

may apply for authority to install the electric line from the Divisional Secretary

(iii) grant wayleave subject to terms & conditions - licensee may either accept the grant subject to landowner’s terms & conditions, or apply for authority to install the electric line from the Divisional Secretary subject to the

terms & conditions acceptable to

(iv) if he or she is not willing to grant the wayleave, inform the same to licensee in writing - licensee may

consider alternatives (if any) or apply for authority to install the electric line from the Divisional Secretary

(e) However, it is advisable for the owners and occupiers of lands to be proactive and duly respond to any such

notices or communications (verbal or written) received from licensees, requesting wayleave. Owners and

occupiers of lands are advised to propose terms & conditions (subject to which he or she may be willing to grant

wayleave) including the compensation in respect of the grant of the wayleave. Such terms & conditions may be

accepted by the licensees or may be considered by the Divisional Secretaries at any relevant inquiries. Please

refer paragraph 2.3 above for particulars relating to granting of compensation with respect to wayleave.

(f) When an owner or occupier of a land requires to get an electric line which is already installed on, under or

over a land removed, he or she may issue a notice to the licensee requiring the removal of such line - please

refer item 2.2 (a) for details. Upon receipt of such notice the licensee, upon making all reasonable efforts to

secure the grant of wayleave (by agreement between parties), may apply for authority to keep installed the

electric line from the Divisional Secretary.

(g) It is in the best interest of an owner or occupier of any land to participate at any inquiry conducted by a

Divisional Secretary, at which he or she will be given an opportunity of being heard. Also the provision of all

relevant information at any such hearing would assist the Divisional Secretary in making an informed decision

which is fair by all the parties.

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5.2 Felling or lopping of trees

(a) If any tree is or will be in close proximity to an electric line or electrical plant which has been installed or is

being or to be installed as to obstruct or interfere with the installation, maintenance or working of an electric

line/plant or is a source of danger to public, such tree has to be felled or lopped or its roots be cut back so as to

prevent it from having such effect.

(b) As per the Electricity Act, the licensees is required to give a notice to occupier of the land on which the tree

is growing, requiring him or her to fell or lop or cut back roots of a tree, referred to in (a) above.

(c) If the occupier of the land fails to comply with the requirements of a notice (issued by the licensee to fell or

lop the tree or cut back roots of a tree) and has not given a counter-notice, within seven (7) working days of the

notice, the licensee is empowered to fell or lop or cut back roots of such tree.

(d) Therefore, if an occupier of a land has any objection for felling or lopping or cutting back roots of a tree (as

required by the licensee), he or she shall give a counter-notice to the licensee within seven (7) working days of

a notice by the licensee to that effect. Upon receipt of a counter-notice, the licensee may refer the matter to the

Divisional Secretary who will give an opportunity of being heard to the parties before making an order.

(e) If the occupier of the land complies with the requirements of the notice, the licensee will pay to him or her

any expenses reasonably incurred in complying with the requirements of the notice. However, no compensation

is payable by the licensee for the economic losses incurred by the owner or occupier of the land as a result of

felling or lopping or cutting back roots of a tree.

(f) The Divisional Secretary upon conducting an inquiry may make such order as he or she thinks just in the

circumstances allowing the licensee to cause the tree to be felled or lopped or its roots to be cut back to prevent

it from having any effect referred to in (a) above.

(g) If a licensee is empowered to fell or lop the tree or cut back roots of a tree, under (c) or (f) above, it shall

comply with the requirement specified under paragraph 3.5 above.

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(5) Part 6 – General 6.1 For the licensees

(a) The licensees shall keep a copy of these guidelines in all three languages (Sinhala, Tamil and English) at its

area offices, branches and consumer service centers (as applicable) for reference by general public during

normal working hours.

(b) The notices referred to in paragraphs 2.1(a) and 3.1 above would not be considered as delivered/received,

unless acknowledged by the intended recipient. The periods specified in such notices would be counted with

effect from the date of acknowledging the receipt of the same.

(c) It is advisable to deploy the staff with best inter-personal and communication skills in attempting to secure

the grant of wayleave from the owner or occupier of any land. It has been noted that, in many instances, the

wayleave could have been obtained from the owners or occupiers of land itself, by using appropriate

communication skills and by providing information to avoid any misunderstandings.

(d) The installation of electric lines and electric plants shall be planned in a manner in which the economic usage

of land is optimized and the disturbance to the general public is minimized. Any planned expansions in the

distribution and transmission networks shall also be considered in determining the path of an electric line.

6.2 For the Divisional Secretaries

Adhering to the general guidelines specified below would ensure the legitimacy and dependability of the

decisions made by the Divisional Secretaries with respect to the Parts 2 and 3 above:

(a) It shall be ensured that all inquiries, hearings, meetings, etc. held and decisions made by the Divisional

Secretaries are arrived at by following a due process and based on the principles of natural justice.

(b) All the relevant parties, specially the relevant owner or occupier of the land, shall be duly informed of any

inquiry, hearing or meeting to be conducted. It is advisable to obtain an acknowledgment of receipt of any notice

of such inspection, hearing or meeting.

(c) All the relevant parties, specially the relevant owner or occupier of the land, shall be given an opportunity

to express his or her views at such inspection, hearing or meeting.

(d) If it is revealed that the owner or occupier of the land has not received the notice or has not been present due

to unavoidable circumstances, it is prudent to re-conduct any planned inspection, hearing or meeting with the

participation of the owner or occupier of the land.

(e) The minutes/records of all inquiries, hearings, meetings, etc. held under the paragraphs 2.1(e), 2.2(d), 2.3(d)

and 3.4 shall be maintained and submitted to the Commission when requested to do so.

(f) All efforts shall be made to optimize the usage of land which is a limited natural resource.

(g) Even if the inquiries, hearings, meetings, etc. were conducted by an officer other than the Divisional

Secretary, the final decision on the matter shall be taken by the Divisional Secretary him/herself.

(h) Any decision made by a Divisional Secretary, including the basis on which it has been made, shall be duly

informed to all parties concerned

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Annexure -11: The list of the affected parties and objection clearance

Serial No

W Notice No

Land Owner Name Land / Paddyfield

Address DS Division GS Division Contact No NIC NO W - Notice Issued Date

1 0004 Mr. K D D Parakum Bandara

Forest Range Forest Officer, Ranfe Forest Office, Gomarankadawala.

Kuchchaveli Kumpurupity South

0715141783 19/12/16

2 0005 Mr. Nandana Pushpakumara L Manager, Raigam Eastern Salt Company.


0771061528 742921433V 19/12/16

3 0023 Mr. Subramaniam Amirthalingam

L Ward No. 06, Kumburupitiya.


471882666V 26/01/17

4 0024 Mr. Senthil Vadivel Thurainagam



523043323V 26/01/17

5 0025 Mr. Selwamalar Gowreeswaran



837764629V 26/01/17

6 0026 Mr. Sadis L Ward No. 06, Kumburupitiya.


0769620866 813135108V 26/01/17

7 0027 Mr. Nicolas Leo Duke L No. 33, Custom Road, Trinco.


0779954267 762292262V 26/01/17

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Annexure-12: Banners displayed along the line route and GN’s offices

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Annexure-13

OFFICERS INVOLVED IN FINALIZING THE LINE ROUTE OF IRAKKANDY TO

KUMBURUPIDDI LINE- DS OFFICE (KUCHCHAVELI)

Mr. P Thaneswaran

Divisional Secretary – Kuchchaveli

TP – 0262252619/ 0262252635 Ext: 201

Mr. M.B.M. Mubarak

Assistant Divisional Secretary – Kuchchaveli

TP – 0262252637/ 0262252635 Ext: 202

Mr. S Nithiyalingam

GN – Kumpurupity North

TP – 0771007952

Mr. T Vijayanathan

GN – Kumpurupity East

TP – 0775868732


KUMBURUPITIYA LINE - FORREST DEPARTMENT, TRINCOMALEE

Dr. Wasantha Liyanage

Divisional Forest Officer – Tricomalee

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TP – 0779985833

Mr. K D D Parakum Bandara

Range Forest Officer – Gomarankadawala

TP – 0715141783

Mr. L D Dayarathna

Beat Forest Officer – Kuchchaveli

TP – 0712492021/ 0768732125


KUMBURUPITIYA LINE - COASTAL CONSERVATION DEPARTMENT

Eng. Thulasithasan

Area Engineer (Eastern Province)

(Coastal Development)

Tel: 011 2 472 622/ 091 2 234 832

Mobile: 0759991225

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Mr. Faiz

Development Assistant,

Coastal Conservation Department

Mobile: 0773842026

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