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I
SOCIAL MONITORING REPORT
Semi-Annual Report
(January-June 2017)
NEP: Integrated Urban Development Project (IUDP) L2851-NEP; G0284-NEP
Prepared by Department of Urban Development and Building Construction for Ministry of Urban Development and the Asian Development Bank
This social monitoring report is a document of the borrower. The views
expressed herein do not necessarily represent those of ADB's Board of
Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by
making any designation of or reference to a 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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CURRENCY EQUIVALENTS
(As of 30 June 2017)
Currency unit - Nepalese (NPR)
NPR 1.00 = $0.009667
$ 1.00 = 103.44 NPR This social monitoring report is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature. In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the Asian
Development Bank does not intend to make any judgments as to the legal or other status of any
territory or area.
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TABLE OF CONTENTS
1. INTRODUCTION ............................................................................................................. 1 2. PROJECT BACKGROUND ................................................................................................ 1 3. OBJECTIVE, APPROACH AND SCOPE OF SEMI-ANNUAL MONITORING .............................. 2
3.1 Objective ................................................................................................................ 2 3.2 Approach ............................................................................................................... 2 3.3 Scope of Semi -annual Monitoring ........................................................................... 2
4. CHANGES IN SOCIAL SAFEGUARD SCOPE ....................................................................... 3 5. SOCIAL SAFEGUARD MONITORING PARAMETERS ......................................................... 3 6. STATUS OF THE SOCIAL SAFEGUARD IMPLEMENTATION ................................................ 3 6.1 Status of updated Resettlement Plan .................................................................. 3
7. SAFEGURD IMPACTS ..................................................................................................... 4
8. LAND ACQUISITION AND COMPENSATION DISBURSEMENT STATUS ............................... 6
9. PROCESS FOR ACQUIRING LAND FOR LANDFILL SITE ...................................................... 8 10. GRIEVANCE REDRESS MECHANISM ................................................................................ 8 11. ESTABLISHMENT FOR SAFEGUARD DESK ....................................................................... 9 12. PUBLIC CONSULTATION................................................................................................ 9 13. ISSUES ........................................................................................................................ 9 14. STATUS OF COMPLIANCE WITH LOAN AND GRANT COVENANTS ................................... 10
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List of Acronyms and Abbreviations ADB Asian Development Bank
APs Affected Peoples
CDC Compensation Determination Committee
CDO Chief District Officer
DAO District Administration Office
DDR Due-Diligence Report
EMP Environmental Management Plan
GRC Grievance Redress Committee
GRM Grievance Redress Mechanism
HH HousehHolds
IEE Initial Environmental Examination IUDP Integrated Urban Development Project JSMC Janakpur Sub-Metropolitan City
LACFC Land Acquisition and Compensation Fixation Committee
MoFALD Ministry of Federal Affairs and Local Development
MoUD Ministry of Urban Development NSMC Nepalgunj Sub-Metropolitan City
PCO Project Coordination Office
PIU Project Implementation Unit
PMSC Project Management Support Consultant
PPTA Project Preparation Technical Assistance
RoW Right of Way
RP Resettlement Plan
SLFS Sanitary Land Fill Site
SMC Sub-Metropolitan City
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SMR Safeguards Monitoring Report VDC Village Development Committee
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DEFINITION Acquisition: Acquisition of land and other assets for the purpose of development projects in
accordance to prevailing Land Acquisition Act 1977 (2034 BS). Displaced Persons: Affected persons are those who are physically displaced (relocation, loss of
residential land, or loss of shelter) and economically displaced (loss of land assets, income sources, or
means of livelihood) as a result of involuntary resettlement of land, involuntary restrictions on land
use or on access to legally designated parks and protected areas. Indigenous People: Nepal indigenous/nationalities/tribal Act 2001defines Ethnic/ Indigenous Peoples as; “people having their own mother tongue, distinct traditional values, and cultural identities, including social structure and written/non -written history are indigenous and nationalities
population.” The National Foundation of Indigenous Nationalities (NFIN) has declared 59 groups as
ethnic nationalities. Rehabilitation: The measures taken to mitigate social impacts, including compensation, resettlement
and rehabilitation allowances where required. Replacement Cost: The market value of a project affected assets. For agriculture land, this includes
reference to land of equal size, type and productive potentiality in the vicinity of the affected land and
land preparation costs where required. For houses and other structures, this includes reference to the
market price of materials and labor, and the cost of transporting materials to the building site. The
replacement cost further includes the cost of any registration and transfer taxes for land and buildings. Resettlement: Resettlement denotes the consequence that occurs due to acquisition of land and other
assets as well as the entire process and activities related to acquisition and implementation of
resettlement plan in accordance to prevailing Acts. Right of Way: Right of way means the land acquired for the project purposes. Generally, government
declares 50 meter for National highway and 30 meter for feeder roads. Sub project Level Grievance Redress Committee: Village Development Committee or municipality
level committee established to assist the affected people, legally constituted committees for land
acquisition and project authorities, monitoring of implementation issues and community reactions and
grievance resolution. Severely Project Affected Family: Family having more than 10 percent loss of total landholding or
income is considered as severely affected family. Titleholder: The person in whose name the project-affected land, structure, business is registered and
who is authorized to receive the compensation granted for the loss of business or acquisition of the
land and assets.
Vulnerable Persons: The disadvantaged persons such as disabled, women headed households,
handicapped, independent elderly persons (70 years and above age), and households with disable
persons, ethnic occupational caste and below poverty level households.
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1. INTRODUCTION 1. This report describes the implementation of social safeguards activities, covering the period
from January to June, 2017. The Social Monitoring Report (SMR) covers in particular the progress of
the implementation of the Updated Resettlement Plans of the four project municipalities, issues
identified during implementation of project activities, and compensation distribution and deed transfer
of affected assets. It also describes the need of preparation of updated resettlement plan for
Janakpur municipality.
2. PROJECT BACKGROUND
2. The project aims to improve the quality of life, promote socially inclusive development and
support increased economic growth in the four municipalities/Sub-Metropolitan City (SMC) in Nepal,
namely Dharan, Janakpur, Siddharthanagar and Nepalganj. These goals will be achieved through
improvements in the effective and efficient provision of affordable basic municipal services. These
improvements will focus on water supply, storm water drainage, solid waste management, and
urban road and lanes. All these activities together will constitute an integrated urban development
package for each municipality.
3. During the PPTA, resettlement plan of three municipalities/SMC i.e. Janakpur,
Siddharthanagar and Nepalganj was prepared and endorsed by Government, concerned
municipalities and ADB in September 2011. Further, the approved resettlement plans were
prepared on the basis of preliminary project design. Therefore, the plans were updated to
accommodate additional impact identified while finalizing detail engineering design.
Accordingly, updated resettlement plans were prepared, reviewed and submitted to ADB.
Proposed sub-projects components is given in table below;
Table 1: Proposed Sub-Project Components
Subproject Municipality/SMC Land Acquisition Nepalgunj Siddharthanagar Janakpur
Storm water drainage
Improvement and Development of storm water drainage covering majority area of municipality
Improvement and Development of storm water drainage covering majority area of municipality
Improvement and Development of storm water drainage covering majority area of then municipality
Drainage will be constructed within RoW in Janakpur and Siddharthanagar whereas some portions of land are acquired in Nepalgunj.
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Solid waste management
Construction of sanitary landfill site at Ward no . 7 of Hirminiya VDC and a total of 8.47 ha of land is required for the development of landfill site.
Construction of sanitary landfill site at ward no 8 of Patkhauli VDC and total of 4.06ha of land is required for the development of landfill site.
The alternative site is identified at Bhoyal, JSMC-18 and land acquired and is being finalized. Alternative Transitional plan has been prepared for temporary management of waste
Nepalgunj SMC and Siddharthanagar Municipalities have already acquired land from private owners; some disputes for additional land required is still due and Janakpur SMC has acquired land as agreement between Guthi Trust and Municipality has been done.
Roads and lanes
Reinstatement of Urban Roads
Reinstatement of Urban Roads
Reinstatement of Urban Roads
The required land falls under existing RoW which is Determined on 1999 by the Municipalities/SMC based on Building Bylaws.
Source: Resettlement Plan 2011, 14 T A 7727 NEP; Field visit 2017
3. OBJECTIVE, APPROACH AND SCOPE OF SEMI-ANNUAL MONITORING
3.1 Objective
4. The objective of the semiannual monitoring report is to assess progress made in
implementation of safeguard plans in subproject roads, drainage and solid waste management of
the project, including compensation payment, deed transfer of affected plots, progress on
reinstatement of public utilities and issues identified during implementation.
3.2 Approach
2. The following tasks were undertaken for preparing this report:
Review the related project documents and field visits
Discussion with the PIUs, DSCs and other relevant stakeholders
3.3 Scope of Semi -annual Monitoring
3. The social safeguard monitoring is guided by the ADB Safeguard Policy Statement 2009,
Resettlement Framework of IUDP, Land Acquisition Act of Nepal 1977 (2034 BS) and other
relevant policies and guidelines. This monitoring report is focused on the social safeguard
implementation, including appropriate measures to minimize the resettlement impact during project
implementation, compensation payment to the affected land and assets, and measures to redress
the grievance appeared during project implementation
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4. It has been agreed to prepare and submit social safeguard monitoring semi-annual report to
provide the status of social safeguard plan implementation of IUDP. The reporting period covers 6
months from January to June 2017. The report provides updated resettlement plan
implementation status, issues identified and mitigation measures, and safeguard monitoring
activities carried out during the period.
4. CHANGES IN SOCIAL SAFEGUARD SCOPE
8. During the PPTA, resettlement impacts were not envisaged as significant as observed
in implementation period. The change in impacts seen in the implementation period
compelled to updated resettlement plan as SWM projects required more land for access
road and sanitary landfill sites. Moreover, additional issues surfaced during the
implementation period, necessitating to updated resettlement plans along with additional
compensation payment due to change in design and acquisition of additional land for road
access and relocation of sanitary landfill site.
5. SOCIAL SAFEGUARD MONITORING PARAMETERS
9. The following parameters have been applied during social safeguard monitoring:
Progress on land acquisition and compensation payment
Procedure of compensation rate determination and compensation payment delivery system
(easiness, transparency etc.)
Rehabilitation of public utilities
Public consultation and disclosure activities
Status of updated resettlement plans
Exploration and finalization of sanitary landfill site
Status of vendor and hawkers due to intervention drainage system
Status of Grievance Redress Mechanism
6. STATUS OF THE SOCIAL SAFEGUARD PLAN IMPLEMENTATION
6.1 Status of Updated Resettlement Plan
10. PPTA has provisioned that existing plan will be updated and submitted to ADB for
concurrence prior to commencement of civil works if additional losses found during detailed
design. As per the provision, three updated RPs have been received from Janakpur,
Siddharthanagar and Nepalgunj Municipalities/SMC and reviewed by the PCO/PMSC and
submitted to ADB. A resettlement plan was also prepared for Dharan SMC to address the
need to acquire additional private land to construct a reservoir.
11. During PPTA, resettlement impact couldn't fully envisage actual land requirement to
implement Water Supply Sub-Project in Dharan SMC. However, final detailed design showed
that the project would require some private land for construction of reservoir. Hence, an updated
Resettlement Plan has been prepared. Three households have lost 729 sqm of land, comprising
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5 plots. The Resettlement Plan has been reviewed by the PCO/PMSC and submitted to ADB.
12. Janakpur SMC has explored alternative landfill site at Bhoyal,JSMC-18 which is yet to be
finalized and the impact assessment of affected land is due. As the proposed land for
alternative landfill site is under Guthi trust, an agreement between the municipality and Guthi
trust has been signed. Once land for landfill site is finalized, an updated resettlement plan
needs to be prepared as an integrated report, incorporating road and drainage related
activities..
13. Likewise, updated resettlement plan of Siddharthangar Municipality is being prepared.
Issues related to landfill site and access road has to be incorporated in the plan. The PCO is
constantly following up to prepare an updated resettlement plan. The DSC has informed that
they are working on the plan and will submit it very soon.
7. SAFEGURARD IMPACTS
14. Safeguard impact in Dharan SMC was minimal as the cost of acquiring some portion of land
for reservoir installment and associated compensation was paid by the municipality..
15. The updated Resettlement Plan for storm water drainage and road subproject has been
prepared in Janakpur SMC. The detailed design identified no additional impact as most of the
structures that have been demolished are within the existing RoW. So, no additional resettlement
impact has been envisaged. Janakpur SMC will explore alternative places for Vendors/hawkers in
order to deal with any temporary impacts that may occur during construction period. The
Janakpur SMC ensured that all the demolitions in proposed road and drainage section were within
the RoW and they were cleared by the Janakpur SMC. Transitional plan has also been prepared
to manage SMC waste until an alternative landfill site is identified and formally acquired. The
landfill site that was previously fixed at Fulgama VDC had some disputes, resulting in cancellation
of that site. Since construction contract has been awarded for storm water drainage and
road, the location for the landfill site has to be finalized at Bhoyal, JSMC-18 soon. The land is
under ownership of Guthi Sansthan and agreement has been made between the Guthi trust and
Janakpur SMC. Total area of land is about 8.49 hectare, comprising 32 plots. The JSMC is working
on to acquire land by identifying losses incurred by the project interventions. The losses inventory
is due as DSC safeguard expert is not available in Janakpur.
16. Resettlement impacts have not been seen in Siddharthanagar municipality on storm water
drainage and road subproject as the structures demolished along the road and drainage fall under
existing RoW which was fixed by the municipality in 1999 on the basis of Building Bylaws. Thus,
no scope of resettlement impact as been found in aforesaid subprojects. Further, the house
owners are voluntarily demolishing their houses as requested by the Municipality, according
to Project Manager. Some trees have to be cut down in Sanitary Landfill Site during construction
of landfill site structure. The tree owners themselves removed and consumed the trees, thus
there was no need of compensation payment. Vendors/hawkers have shifted their businesses
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to different places during drainage and road construction, and will reinstate their businesses in
original places after the completion of construction works. Hence, compensation was not paid
as no impact was recorded on their livelihood due to project interventions. Further, as reported
by the DSC, the Municipality is planning to build permanent structures for vendors/hawkers in
the specific locations such as Khajana path, Maitri path and Bimanghat path.
17. Standing cash crops have been damaged while transporting construction materials to
construct the access road. The loss of inventory has been recorded These losses were identified
in Lumbini road to Maudihawa Chowk through Galamandi and Durga Khola road. The payment
of these losses will be made through the contractor's Bill of Quantity (BoQ). Necessary
procedures for compensating the losses have already been initiated. The original design in the
section of Anchalpur Chowk to Sano Dumdumwa Khola diversion drain was stone pitching and
trapezoidal structure, resulting in the requirement of additional land beyond the Right of Way
(ROW). However, the local people demanded compensation for the loss of land along with
crossing structure. With a view to avoid possible complication while acquiring additional land, the
DSC redesigned the proposed structure in rectangular shape that does not need additional land.
18. Alternative access road to sanitary landfill site was explored and land acquisition for the
road has been is completed. A total 0.4 ha of private land from 15 households was acquired and
compensation to the land was determined on the basis of replacement value, which amounted to
NRs. 3,256,562.50. However, two affected households were reluctant to receive the compensation
amount, claiming that the amount fixed was less than the market price. The PMSC expert visited
the site and consulted with affected persons and other community people on the amount
determined by CDC that was based on replacement value. The team concluded that the land price
escalation is an obvious phenomenon and was going on for some time and the land rate fixation
for the project was done two years ago. The claim made by the two affected households was not
found logical and recommended to DSC to deposit the amount in District Administration Office.
19. Significant Resettlement impacts have not been seen in Nepalgunj SMC on storm water
drainage and road subproject as the structures demolished along the road and drainage do not fall
under existing RoW, which was fixed by the Nepalgunj SMC in 1999 on the basis of Building
Bylaws. However, during physical construction, some impacts on private land, structures and
access to private houses have been seen due to construction of drainage. The complaints were
also submitted in Nepalgunj SMC for the impacts incurred by the project interventions. Some
private land has been affected during construction of Kontipur outfall system due to trapezoid
design and earthen nature of the drainage, resulting in lose of access to the agriculture field. For
this, the Nepalgunj SMC has installed Hume pipes sufficiently to ensure easy crossing to the
agriculture field. It has been observed that no more issue remains in this regard.
20. Responding to the demand of landowner to reinstate boundary wall and latrine damaged
during construction of Dondra Khola storm water drainage at ward no. 15, Koreanpur, Nepalgunj
SMC, the Nepalgunj SMC agreed to reinstate the damaged boundary wall and construct improved
toilet with septic tank. The reinstatement and construction of these loses has been completed.
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Two houses in Paraspur created obstructed the construction of the drainage by not demolishing the
front part of their houses. It was reported by the DSC that the house owner themselves built the
house with the help of community people, as no severe impact has been recorded by these losses.
The Mission noted that most of the corrective actions regarding social safeguards recommended by
previous review mission have been complied with. The mission raised serious concerns on delay in
implementation of agreed action. During a visit of the Mission, the complainer informed the Mission
over the phone that he had requested to provide cash compensation instead of construction of toilet
in Koreanpur. The Nepalgunj SMC constructed the toilet however the owner was not satisfied and
demanding some cash from the NSMC. The NSMC provided NRs 58,000 as cash compensation.
NRM is satisfied with the process adapted to resolve his complain and decided to close the case.
8. LAND ACQUISITION AND COMPENSATION DISBURSEMENT STATUS
21. Project Implementation Unit (PIU) of Nepalgunj and Siddharthanagar distributed land
compensation for landfill site to the landowners and the ownership transfer of acquired land has
also been completed. Nepalgunj SMC acquired 8.47 ha land from four landowners and the total
land acquired is about 1 ha more than the original plan. Nepalgunj SMC had to acquire additional 1
ha of land because the balance land lost it usefulness for landowner as it lies in middle part of the
acquired land.. The field visit to Nepalgunj SMC to investigate the case found that the payment was
made as a replacement cost by following negotiation process as per Land Acquisition Act 1977,
where landowners were asked to come to negotiation in District Administration Office (DAO)
under Land Acquisition and Compensation Fixation Committee (LACFC) and consensually finalized
the unit rate. Landowners are satisfied with the payment they received from the PIU. 22. Similarly, a total of 4.06 ha of land were acquired from one landowner in Siddharthanagar.. 1.35 ha land is not required due to technical reasons. The payment m a d e for landfill site land was based on unit rate mentioned in PPTA report in which cost variation was not identified in line with the PPTA report. The payment has been made as a replacement cost, which was based on market and government unit rates and was fixed by Compensation Determination Committee (CDC) for fixation of compensation amount. No im pac t on structure has been observed in both landfill sites in Siddharthanagar and Nepalgunj, except few private trees in Siddharthanagar landfill site. It has been agreed with tree owner in Siddharthanagar that they would remove the trees inside the construction locaton without compensation. However, PIU would be responsible to pay compensation for remaining trees outside the construction location as per market and district forest office rates. Some 25 trees have already been removed by tree owner.
23. Moreover, a total 0.4 ha of private land owned by 15 households was acquired for access road to sanitary landfill site in Siddharthanagar municipality and cost of land has been determined as a replacement value, which amounted to NRs. 3,256,562.50. However, two affected households were reluctant to receive the compensation amount, claiming that the amount fixed was less than the market price. The PMSC expert visited the site and consulted with the affected persons and other community people. The expert team found that the amount determined by CDC was based on replacement value and the rate fixation was done two years ago. Since then the price of land had seen escalation. The claim made by the two households was not found logical and recommended to DSC to deposit the amount in District Administration Office. Similarly, deed transfer of 17 affected plots is also completed.
24. In Janakpur SMC, the landfill site which was previously fixed at Fulgama VDC faced some
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disputes, resulting in the cancellation of that site. Since contract f o r t h e c o n s t r u c t i o n
o f storm water drainage and road had been awarded, the location of landfill site was explored
at Bhoyal,JSMC-18.The land is under Guthi Trust ownership and agreement has been signed
between Guthi trust and JSMC. The total area of land is about 8.49 hectare, comprising 32 plots.
The JSMC will acquire the required land. Loss inventory and socio-economic survey of affected
households are yet to be started. The DSC is responsible for the preparing updated Resettlement
Plan for the landfill site.
25. The resettlement plan was not prepared in Dharan SMC during PPTA, though the
resettlement impacts were found in detailed design and prepared resettlement plan. All together
729 sqm private land has been acquired from three households, comprising 5 plots. The
compensation amount has been fixed by the LACFC following due process as a replacement
value. The detail of land acquisition and compensation payment status is given in table 2.
Table 2: Land Acquisition and Compensation Disbursement Status
Municipality/ SMC
Land to be acquired based on
RP
Actual land acquired
compensation paid (NRs)
Remarks
Nepalgunj 7.41 ha 8.47ha 21,250,000.00 100% compensation paid to 4 affected land owners on 23 May 2013; about 1 hector more land was acquired as it was not useful for land owner
Siddharthanagar 5.81 ha 4.46 ha 13,456,562.00 100% compensation paid to one affected land owner for landfill site in June 2012; whereas 85% compensation paid for landfill site access road. 1.35 hector land is not required due to technical cause in landfill site
Dharan 0.07 ha 0.07 ha 5,115,000.00 100% compensation paid to 3 household, comprising 5 plots
9. PROCESS FOR ACQUIRING LAND FOR LANDFILL SITE
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Activity Nepalgunj Siddharthanagar Janakpur Dharan The Local officer(CDO) Issues notice that includes the purpose of acquisition
New Madesh National daily
Gorkhapatra daily Land Acquisition process completed through land agreement with Guthi corporation on 3 March,2017
Gorkhapatra daily
Date of Notice published 10 June, 2011 30 July, 2011
19 March, 2012 30 Jan 2015
GoN assigns Government officer to begin preliminary action related to land
Executive officer
Executive officer Executive officer
Necessary preliminary survey including boundary demarcation of landfill site
Yes Yes Yes
Land revenue office report on area and location of land to be acquired
Yes Yes Yes
Formation of CDC. compensation
6 August, 2012 26 March, 2013 31 March 2015
CDC meeting was held for fixation of the compensation of
7 August, 2012 26 March, 2013 31 March 2015
Table 3 indicates the process followed while acquiring the land for development of landfill site based on
PIU reporting.
Table 3: Process for Acquiring Land for Landfill Site
10. GRIEVANCE REDRESS MECHANISM
11. Grievance Redress Mechanism has been established in all project municipalities/SMC. It has been observed that the GRM is less functional, as regular meetings have not been conducted so far. It is suggested that any grievances received by the Mechanism should be recorded and
addressed as appropriate. ESTABLISHMENT OF SAFEGUARD DESK
26. The Safeguard Desks have been established in Dharan, Janakpur, Siddharthanagar and
Nepalgunj Municipality/SMC. The Safeguard Desk in each municipalities/SMC will organize
monthly meeting to i) assess the safeguards compliance performance as guided by EMP and
RP; ii) identify area of gaps, if any; iii) agree on timely corrective action plan to mitigate the
impacts; and iv) prepare periodic safeguard monitoring reports.
12. PUBLIC CONSULTATION
27. Public consultation was held in Dharan SMC on 23 May 2017 for reservoir construction at
Dharan 14, Bijayapur as different ethnic groups were not in favor of installing reservoir in the PIU
proposed site. Disputes arose as the ethnic groups showed reluctance to let construct reservoir at
the site as they claimed that the Bijaypur's cultural heritage would be destroyed by the construction
of reservoir.
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13. ISSUES
28. RVT construction at Dharan 14 Bijayapur is yet to be started as different ethnic groups did
not allow to start the works, citing that the proposed site has been their religious place for ages.
Their displeasure regarding the construction of reservoir was paramount. They lodged grievances to
Municipality, citing that any construction that made in proposed site would destroy their identity and
cultural heritage. According to the PIU, they had held consultation with the concerned political
parties and local people regarding reservoir construction in Bijayaur during design phase. When the
site was cleared and construction was about to start, the different ethnic groups started to obstruct
the works. lt was noted that PIU had several rounds of discussions in the past and on 26 March
2017 both the parties agreed not to start works at the site without any prior agreement with concerns
groups, search alternative site and conduct technical feasibility as earliest as possible, and protect
cultural heritage of Bijayapur. Accordingly, DSC did technical due diligence of alternative sites bit
couldn't find feasible an alternative site. DSC shared their findings in writing to PlU. The RVT
construction required only 2 kathhas of land out of 7 kathas land approved by the Department of
Forest for the project purpose.
29. The construction of cells in landfill site of Nepalgunj halted due to a stay order of High court
Tulsipur to stop work in 5,892 sqm land parcel (total 5 parcels owned by two owners) in the middle of
the construction site. The construction was started by acquiring 81,271 sqm (12 Bigaha) prior to
award of civil works contract. Due to some technical error, the land acquisition process missed these
five plots and the issue was noted only after mobilization of contractor and excavation works. The
project did consultation meetings with identified plot owners to acquire these plots, but the
negotiations failed due to differences in land price based on replacement cost and demand of the
land owner. Following the failure of negotiations, the owner went to the court and the matter is under
sub judiciary. The work in two parts of cells is being stopped due to stay order. However, with the
simple modification in design, the construction work can move ahead in the acquired land while
putting efforts, in parallel, to find amicable solution with landowners through negotiations.
30. In the absence of Safeguard expert in Janakpur DSC, loss inventory and census survey of
sanitary landfill site land has not started and also preparation of updated resettlement plan is not yet
started.
14. STATUS OF COMPLIANCE WITH LOAN AND GRANT COVENANTS
S.N Covenants Status of
Compliance
Remarks
Sector
Implementation Arrangements
1 Resettlement
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The Beneficiary shall ensure or cause MOUD and MOFALD to
ensure, that all the land and all rights-of-way required for the
Project, each Subproject and all Project facilities are made
available to the Works contractor in accordance with the
schedule agreed under the related Works contract and all land
acquisition and resettlement activities are implemented in
compliance with (a) all applicable laws and regulations of the
Beneficiary relating to land acquisition and involuntary
resettlement; (b) the Involuntary Resettlement Safeguards; (c)
the RF, for Subproject under Part 2 of the Project; and (d) all
measures and requirements set forth in the RP, and any
corrective or preventative actions set forth in the Safeguards
Monitoring Report (Schedule 5, Para 4)
Complied with/
Being complied with.
Without limiting to the application of the involuntary
Resettlement Safeguards, the RF or the RP, the Beneficiary
shall ensure or cause the MOUD to ensure, that no physical or
economic displacement takes place in connection with the
Subprojects until: (Schedule 5, Para 5 a&b)
complied with
(a) compensation and other entitlements have been provided
to affected people in accordance with the RP, the cost of
which shall be borne by the Beneficiary and the relevant
Municipality; and
Complied with.
2 Safeguards Related Provisions in Bidding Documents and
Works Contracts
The Beneficiary shall ensure or cause MOUD to ensure that all
bidding documents and contracts for Works contain provisions
that require contractors to:(Schedule 5, Para 8a to 8e)
(a) comply with the measures relevant to the contractor set
forth in the IEE, the EMP, the RP and any indigenous peoples'
plan (to the extent they concern impacts on affected people
during construction), and any corrective or preventative
Being Complied
With. Provision has
been made in
bidding documents
17
S.N Covenants Status of
Compliance
Remarks
actions set forth in a Safeguards Monitoring Report; and contracts for
Works.
(b) make available a budget for all such environmental and
social measures;
Being Complied
With. Budget
provision has been
made in bidding
documents and
contracts for works.
(c) provide the Beneficiary with a written notice of any
unanticipated environmental, resettlement or indigenous
peoples risks or impacts that arise during construction,
implementation or operation of the Project that were not
considered in the IEE, the EMP, the RP or any indigenous
peoples' plan;
Being Complied With
/ Will be followed.
(d) adequately record the condition of roads, agricultural land
and other infrastructure prior to starting to transport
materials and construction; and
Being Complied
With/ Will be
followed.
e) fully reinstate pathways, other local infrastructure, and
agricultural land to at least their pre-project condition upon
the completion of construction.
Being Complied
With/ Will be
followed.
3 Safeguards Monitoring and Reporting
The Beneficiary shall do the following or cause MOUD to do
the following: ( Schedule 5, Para 9a to 9 c)
(a) submit semi-annual Safeguards Monitoring Reports to ADB
and disclose relevant information from such reports to
affected persons promptly upon submission;
Complied with/
Being complied with.
Seven semi-annual
SMR prepared
and
submitted to ADB.
(b) if any unanticipated environmental and/or social risks and
impacts arise during construction, implementation or
operation of the Project that were not considered in the IEE,
the EMP, the RP or any indigenous peoples' plan, promptly
inform ADB of the occurrences of such risks or impacts, with
detailed description of the event and proposed corrective
action plan; and
Complied with.
(c) report any actual or potential breach of compliance with
the measures and requirements set forth in the EMP, the RP
or any indigenous peoples' plan promptly after becoming
aware of the breach.
Will be followed.