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Social Monitoring Report

Biannual Monitoring Report

Loan/Grant no: L2587NEP/G0182NEP/G0183NEP

January-June2016

NEP: Energy Access and Efficiency

Improvement Project

Prepared by the Government of Nepal for 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. 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.

NOTES:

The fiscal year (FY) of the Government of Nepal and its agencies ends on 16 July. FY before a

calendar year denotes the year in which the fiscal year ends, e.g., FY 2016 ends on 16 July

2016.

In this report, "$" refers to US dollars.

This resettlement 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.

Energy Access and Efficiency Improvement Project: Loan 2587NEP

2nd

Semi Annual- Report – Jan 2016-Jun 2016 3.

CURRENCY EQUIVALENTS

(9 July 2016)

Currency unit - Nepalese Rupee (NRs)

NRs1.00 - 108.11

US $1.00 - 1.00

ACRONYMS

ADB - Asian Development Bank

AP - Angle Point

AP - Affected Persons

CDC - Compensation Determination Committee

CDO - Chief District Officers

CFUG - Community Forest Users Group

DDTL - Dumre-Damauli Transmission Line

EA - Executing Agency

ESSD - Environment and Social Studies Department

FY - The fiscal year

GoN - Government of Nepal

ha - Hectare

HHs - Households

kV - Kilo Volt

MD - Managing Director

MVA - Mega Volt Ampere

MW - Megawatt

NEA - Nepal Electricity Authority

PIU - Project Implementation Unit

PM - Project Manager

RoW - Right of Way

RP - Also used as Land Acquisition and Resettlement Plan

SPS - Safeguard Policy Statement

sq.m - Square Meter


2nd


Table of Contents

ABBREVIATION

A. BACKGROUND ............................................................................................................. 6

A-1 Subproject Components and Physical Progress ............................................................. 6

A-2 Monitoring Requirements and Frequency of Submission ................................................ 9

A-2-1 Scope of Semi Annual Monitoring Report ....................................................................... 9

A-2-2 Reporting Period ............................................................................................................10

B CHANGES IN PROJECT SCOPE AND ADJUSTED SAFEGUARD MEASURES .........10

C QUALITATIVE AND QUANTITATIVE DATA ................................................................10

D MONITORING PARAMETERS/INDICATORS AND METHODS ...................................10

E. SEMI ANNUAL MONITORING RESULTS .....................................................................11

E-1 Progress on Documentation and Approval ....................................................................11

E-2 Monitoring Results Compared Against Previously Established Benchmarks .................11

E-3 Monitoring Results Compared Against the Objectives of Safeguards ............................12

E-3-1 Safeguard Provision for Energy Access & Efficiency Improvement Project ....................12

F. PROGRESS ON ACQUISITION AND COMPENSATION ..............................................13

F-1 Compensation for Affected Land ....................................................................................13

F-2 Compensation Payment for Affected Structures .............................................................14

F-3. Livelihood Restoration ....................................................................................................15

F-4. Ensuring IPs Identity, Human Right, Livelihood and Cultural Uniqueness .......................16

F-5. Other Progress Made in Technical, Environmental, & Resettlement Activities .......... Error!

Bookmark not defined.

F-6 Grievance Redressal Mechanisms .................................................................................16

F-7. Minimizing Scope of Land Acquisition .............................. Error! Bookmark not defined.

G GAPS AND CORRECTIVE ACTION PLAN FOR MITIGATION .....................................19

H RECORDS ON DISCLOSURE OF MONITORING INFORMATION ... Error! Bookmark not

defined.

H-1 Identification of Key issues, Recommendations for Improvement .... Error! Bookmark not

defined.

I MONITORING ADJUSTMENT MEASURES RECOMMENDED...... Error! Bookmark not

defined.


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J ADJUSTMENT IN INSTITUTIONAL ARRANGEMENT FOR IMPLEMENTING THE

MONITORING PLAN ....................................................... Error! Bookmark not defined.

K PROPOSED MAJOR ITEM OF FOCUS FOR NEXT REPORT ......................................20

List of Table:

Table 1-1: Project Components and Overall Implementation Status ........................................... 7

Table A-2: Subproject Components having Land Acquisition and Resettlement Impacts ........... 9

Table E-1: Submitted Grievances and Status ............................................................................17

Table F-1: Project Affected Land As Estimated During Feasibility & Implementation Phases ....19

Table F-2: Details on Acquired Land, Affected HHs and Compensation Paid HHs .............. Error!

Bookmark not defined.

Table F-3: Households having Affects on Structures and Compensation Distribution Status

................................................................................................... Error! Bookmark not defined.

Table F-4: Households Considered for Skill Livelihood Restoration TrainingError! Bookmark

not defined.

Table F-5: Major Progress Made in Dumre-Damauli ................... Error! Bookmark not defined.

Table H-1: Underlying Issues and Measure to Address ............... Error! Bookmark not defined.

Table K-1: Focus of Next Semi Annual Report ..........................................................................21

Table 4-2: Entitlement Matrix ....................................................................................................23

APPENDICES


2nd


A. BACKGROUND

1. Presently Nepal is facing significant peak-load supply constraints in the electricity

system, due to constrained generation and network capacity. Energy Access and Efficiency

Improvement Project (EAEIP) is to address these issues and provide a useful catalyst for further

sector reform and physical investment, leading to the sector’s sustainable growth in the longer

term. A secure and predictable electricity supply will enable social and economic benefits to

materialize, and will ensure improved conditions for schools, hospitals, and other social services.

The targeted loss-reduction investments will close the gap between the cost of supply and

average retail tariff and will establish important precedents for management of design,

construction and management of distribution networks in Nepal.

2. The Project was approved on 27 November 2009, signed on 11 March 2010 and

declared effective on 4 June 2010. The Project consists of Asian Development Fund (ADF) loan

($65 million at the time of approval) and the grants from Climate Change Fund ($ 0.3 million) and

Clean Energy Fund ($4.2 million). Key dates related to the project are as follows:

Loan/Grant Original Closing

Date

Revised Closing Date

1st

Extension 2nd

Extension

Loan 2587 31 Mar 2015 Up to 31 Dec 2015 Up to 30 Dec 2016

Grant 0182 31 Mar 2013 Up to 30 Sept 2014 -

Grant 0183 31 Mar 2013 Up to 30 Sept 2014 Up to 30 Sept 2015

3. The loan financing covers 5 components- comprising components for improving

transmission, distribution and generation assets of NEA, loss reduction and support for

implementing public-private partnerships (PPP) in NEA’s distribution centers. The grant financing

covers distribution of the Compact Fluorescent Lamp (CFL) program across the country, and

solar powered energy efficient street-lighting.Successful implementation of the Project will

ensure:

I. Opportunities for hydropower development,

II. Increase accessibility to clean energy,

III. Reduction of outage in the distribution network, and total network loss, and

IV. Supply of efficient and reliable energy

4. Implementation of the Project expected to bring several positive impacts also in the

socio-economic scenario of different subproject locations contributing towards poverty reduction.

There will be raise on employment opportunities in the production sectors due to reliable and

efficient electricity supply and employment opportunity will also be generated during construction

period.

A-1 Subproject Components and Physical Progress


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5. Some of the subproject components achieved tangible progress both in terms of

implementing construction works as well as compensation disbursement activities. They include

construction of: (i) Chapali Substation, (ii) Distribution Substations and Switching Stations, (iii)

Butwal-Kohalpur 132 kV Second Circuit stringing (about 230 km), (iv) Expansion of Matatirtha

Substation, (v) Renewable Energy Street Lighting. A summary description of subprojects under

each component and their overall status and key issues are briefly presented in Table: 1-1.

S.

N

Sub-Projects

Overall Implementation Status

a. Middle Marshyangdi - Dumauli – Marshyangdi 132 kV Transmission Line and related

Substation Works

1.1 132 kV new Transmission Line

construction between Dumre to

Damauli (about 20 km)

- Completed foundation works for 30 towers out of 63

towers,

- Compensation paid to 28 households out of

permanently acquired land for tower construction

(29 Nos),

- Updated cadastral survey of Dumre-Damauli 132 kV

TL identifying affected households their land parcels

and other assets due to restriction of land in Dumre-

Damauli section for maintaining Right of Way (9

meter both sides)

- Imported technical equipment required for TL

construction

-Work currently stopped due to disputes between

contractor and NEA

1.2 Construction of a new 15 MVA, 132

kV/33 kV sub-station at Marshyangdi

-Major civil works completed and installation ongoing.

1.3 Reinforcement of Damauli sub-

station with construction of two 132

kV line bays,

-Civil work related to bay extension completed.

Foundation work of new control buildings in

Markichowk and Damauli ongoing.

1.4 Extension of 132 kV line bays at

Middle Marshyandi and Marshyandi

switchyards

All civil works completed and installation ongoing.

B. Butwal-Kohalpur 132 kV Second Circuit Transmission Line

This component will facilitate transferring power imported from India to Mahendranagar to the west

and center of the country. The project involves stringing of the second circuit on an existing 132 kV

line built on double circuit towers, increasing the power import capacity by up to 100MW about 205

km).The project is completed.

C. Construction of Chapali Substation and Associated Works

This sub-project includes construction of a new 30 MVA, 132 kV/11 kV sub-station, installation of 15

km of underground 11 kV distribution line for 6 feeders at Chapali, and extension of two 66 kV GIS

line bays at Lainchaur sub-station and installation of 7.5 km, 66 kV underground cable from

Lainchaur to Chabahil. All physical work except extension of GIS line bays at Lainchaur is

completed. Testing and commissioning of installed facility is also remaining. Presently two

transformers has encountered problem during testing and commissioning and rectification work is

ongoing.


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S.

N

Sub-Projects



Substation Works

D. Expansion of Matatirtha Substation

Construction of additional 132 kV bays, installation of two transformers, and construction of 33 kV

and 11 kV lines to connect the existing circuits. Project is completed.

E. Installation of Capacitator Banks

Installation of approximately 220 MVAR of capacitor banks for reactive power compensation

at eight transmission sub-stations Project is completed.

Construction of Substation and Switching Stations

1 Construction of 6/8 MVA

distribution sub-station

constructions at Jhapa, Siraha,

Barahathawa,Paraul

Completed and in operation since 2015.

2 Construction of switching station in

Swayambhu, Mulpani

All work completed. Mulpani S/S already charged and

Swayambhu yet to be charged.



construction at Dhanushadham)

6/8 MVA Substation construction works completed but

33 kV line to charge the substation yet to be

completed.



constructions at Mainapokhar

(Bardiya), Kusma (Parbat),

Phedi(kaski), Mirmi (Syangja)

Work ongoing. Expected to complete within

December 2016.

5 RoW for 33 kV line (2 m both side)

for Dhanushadham (3 km)

Minor works and tapping to NEA’s system is

remaining. The RoW of transmission line is along the

road and hence has no impact due to construction

activities.

6 RoW for 33 kV line (2 m both side)

for Mainapokhar (Bardiya) S/S (2

km)

Completed stringing works except in small stretch.

There were no impacts due to stringing activities as

NEA adequately purchased land required for the

substation and associated (RoW) works.

This component aims for partial rehabilitation of Marsyangdi (69 MW) Gandak (15 MW) hydropower

plants to increase efficiency of their electricity generation at both power stations and reduce self-

consumption, providing an estimated additional 4 GWh of energy per year. This component is

composed of (a) replacement of weir control system and modernization of excitation systems at

Marshyangdi; and (b) installation of trash rack cleaning system at Gandak for the improvement of

plant availability. All installation works related to Marsyangdi HP and Gandak Power House

completed. Testing and commissioning of Trash Rack Cleaning Machine in Gandak Power House is

yet to be carried out.


2nd


S.

N

Sub-Projects



Substation Works

Proposed to address high technical and non-technical losses in medium voltage and low voltage

distribution networks in Kathmandu Valley. Series of pilot projects have been prepared by NEA; 16

11 kV feeders and downstream low voltage networks with unacceptably high losses have been

identified and are to be rebuilt from the 11 kV feeder circuit breaker down to the customer service

connection and revenue meter. These pilot projects been aimed to be “model networks” that can be

replicated across Nepal. They will incorporate best international practice with respect to design,

construction and commercial operation. Work is ongoing and expected to complete by December

2016.

NEA is planning to form strategic partnerships with private sector entities for management and

operation of the urban electricity supply systems with the support of ADB. NEA has completed

franchising model, bidding guidelines, and related legal and bidding documentation and other

ground level works. Consultants’ inputs for this component are completed.

The supply and delivery of CFLs lamps is completed. 750,000 CFLs were distributed in 24

distribution center of NEA spread over 24 districts of Nepal.

Installations of 1316 number of new solar street lighting systems and retrofitting of 185 existing

street light also completed and are currently under operational. Similarly 50 kWp grid tied solar roof

top and 10 kWp back up system installed in Bir Hospital. Additionally 100 kWp grid tied solar system

installed in Nepal Electricity Authority Training Center and currently under operation

A-2 Monitoring Requirements and Frequency of Submission

6. As per the SPS 2009 and ADB reporting guidelines, a semi-annual safeguard monitoring

report is required in the projects having involuntary resettlement impacts. The semi-annual report

to be based on the periodical report submitted by the Project to NEA, field verification and

meeting and consultation with affected persons, and the relevant NEA and project staff.

A-2-1 Scope of Semi Annual Monitoring Report

7. The Semi Annual report contains information on execution of different

subprojects/components and implementing land acquisition and resettlement activities and

compliance of safeguard application. The scope of this biannual report is specifically focused to

the following project components having land acquisition and resettlement scope/impact (Table

A-2).

Table A-2: Subproject Components having Land Acquisition and Resettlement Impacts

S.N. Subproject Components

1. Dumre-Damauli New 132 kV Transmission Line Construction (about 20 km)

2 Construction a new 30 MVA, 132 kV/11kV Sub-station of Chapali

3 Construction of distribution sub-station at Baniyani


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4 Construction of distribution sub-station at Dhanushadham

5 Construction of distribution sub-station at Paraul, Mahottari

6 Construction of distribution sub-station at Barthawa, Sarlahi

7 Construction of distribution sub-station at Dhikurpokhari/Banskot, Kaski,

8 Construction of distribution sub-station at Kusma, Parbat

9 Construction of distribution sub-station at Mainapokhar, Bardiya

10 Construction of switching sub-station at Mulpani (1 ropani 8 Aana)

Note: Land required for the components 3-10 in the above table either were purchased through direct negotiation or constructed

in available Government land.

A-2-2 Reporting Period

8. The reporting period of this semiannual report covers from January to June 2016.

B. CHANGES IN PROJECT SCOPE AND ADJUSTED SAFEGUARD MEASURES

9. There are some changes on the scope to restrict the use of private land in Dumre -

Damauli 132 kV new Transmission Line project (about 20 km) for maintaining the RoW (9 meter

both side). Similarly, NEA directly purchased some land through negotiation required for

constructing distribution substation/switching stations and some of them were also constructed in

available Government land. This change has also brought differences on the number of affected

households compared to estimate made during feasibility phase. This change has been

incorporated in the updated draft LARP and cadastral survey prepared on February 2015.

However, finalization of alignment route and RoW yet to be confirmed with the support of

technical person/contractor through site verification, review of updated cadastral report, and

consultation with local communities likely to have RoW impact.

C. QUALITATIVE AND QUANTITATIVE DATA

10. The monitoring report contains both quantitative and qualitative data. Quantitative data

related to resettlement/acquisition impacts, affected persons, affected assets, and compensation

payment status was collected from NEA record at central level or relevant project offices.

Likewise, information related to quality of quantitative data and subjective information were

collected through consultation, meeting, discussion, unofficial dialogue with Project officials,

project affected families, local communities, and other stakeholders.

D. MONITORING PARAMETERS/INDICATORS AND METHODS

11. Screening of resettlement category and classification of impact is the main parameter of

monitoring. Based on screening and classification of safeguard impacts in accordance to ADB

SPS 2009, monitoring parameter has been determined as following:

a) Category A: If the proposed project is likely to have significant involuntary

resettlement impacts to 200 or more persons will be physically displaced from


2nd


home, 200 or more persons lose 10% or more of their productive or income

generating assets or 200 or more persons experience a combination of both.

b) Category B: If the proposed subproject includes involuntary resettlement impacts

that are not deemed significant.

c) Category C: The proposed subproject has no involuntary resettlement impact.

d) In addition, any voluntary donation was verified by an independent third party to in

accordance with the project resettlement framework.

12. In accordance to above classification, the resettlement impacts of the Energy Access

and Efficiency Improvement Project has been classified as category “A” as the project affects

more than 200 persons including those having RoW impact on their land structures and other

assets. Some other basic monitoring parameters/indicators were considered for semiannual

reporting which also include: (i) type of acquisition impacts, (ii) extent of impacts, (iii) measures

adopted to mitigate the impacts, (iv) implementation status of mitigating measures, (v)

consultation and dissemination, (vi) Grievance redressal, (vii) compensation payment, (viii) Deed

transfer (ix) resettlement and rehabilitation etc.

E. SEMI ANNUAL MONITORING RESULTS

13. Monitoring is essential for proper implementation of social safeguard measures.

Monitoring is also vital for updating the baseline conditions and for assessing social/resettlement

impacts and ensuring effective mitigation measures. The monitoring process should generate

meaningful information and improve the implementation of mitigation measures. Some of the key

progress observed in the project are summarized as follows:

E-1 Progress on Documentation and Approval

14. In accordance to changes in technical design NEA has recently (on Feb 2016) updated

the cadastral survey for the 132 kV TL route from Dumre-Damauli. This has facilitated to assess

the scope of RoW impact on land and other assets due to stringing of new 132 kV transmission

line. In the same line, the feasibility phase LARP also being updated incorporating the changes

on acquisition scope and progress made on social safeguard implementation.

E-2 Monitoring Results Compared Against Previously Established Benchmarks

15. By the time of preparing this report, compensation payment has been completed for (i)

permanently acquired land through formal acquisition for Chapali Transmission Substation and

land acquired through negotiation for other eight (8) Distribution Substations including Switching

Stations, (ii) affected structures/sheds in Chapali Substation (4 residential sheds) and in Butwal-

Kohalpur 132 kV Second Circuit (3 structures), and (iii) As reported by field based Environment

Management Unit (EMU) under the ESSD out of 29 permanently affected households due to


2nd


acquisition of their private land for constructing transmission towers (Dumre-Damauli) 28

households have already been compensated. However, land for 132 kV Dumre – Damauli

transmission line yet to be restricted for maintaining RoW and compensated. Although NEA has

updated cadastral survey it has yet to be verified through field test and confirmed by the

contractor.

E-3 Monitoring Results Compared Against the Objectives of Safeguards

E-3-1 Safeguard Provision for Energy Access & Efficiency Improvement Project

16. As per LARP (being updated), the project has impacted the land owned by about 8981

persons of 3042 households (about 20.65 ha which also included government land in some RoW

section) and 17 residential structures/sheds and associated assets required for constructing (i)

132 kV transmission towers through permanent acquisition, (ii) Distributions and transmission

substations (6.88 ha) and for (iii) restricting land to maintain RoW of new 132 kV transmission line

(about 20 km) between Dumre-Damauli (13.77 ha).

17. NEA acquired Land through two different processes for EAIP, they are; (i) though

expropriation and (ii) acquisition through direct negotiation. As provisioned in Land Acquisition Act

1977 and SPS 2009, safeguard provisions and compliance monitoring is applicable only for the

land acquired through expropriation, but ADB safeguard provision is not applicable for the land

acquired through negotiation because Negotiated settlements help avoid expropriation and

eliminate the need to use governmental authority to remove people forcibly (ADB SPS-2009) and

thus, Safeguard Requirements does not apply to negotiated settlements. However, the negotiated

settlement shall offer adequate and fair price for land and/or other assets. Land Acquisition Act

1977 Clause 27, also states that all process described in the may not be followed for acquiring

land through direct negotiation. NEA purchased about 6.88 ha of land through negotiation for

constructing distribution substations and switching stations.

18. The Entitlement Matrix (EM) of Land Acquisition and Resettlement Plan (LARP) ensures

safeguarding provisions for the land and other affected assets due to the project under the

Project. The major safeguard provision made for the displaced households having impact on their

land and other assets acquired through expropriation but not through negotiation in Energy

Access and Efficiency Improvement Project also includes:

(i) Permanent acquisition of agricultural/ Residential/ commercial and other

private lands by landowners: Cash compensation at replacement cost based

on current market price. Provision of land for land compensation will be made for

those APs having complete loss of land in accordance to the prevailing Act.

1 &

3 There may be some changes on the number of affected households and persons after the finalization of Project’

Resettlement Plan (RP) as the RP is being updated.


2nd


(ii) Land restricted to use except for cultivation along the RoW of transmission

lines: One time cash compensation for the land restricted to maintain RoW of the

new transmission lines, except to use for agriculture purpose.

(iii) Loss of residential / commercial and other structures by titleholders: Cash

compensation for the loss of built–up structures at full replacement costs based

on current market price.

(iv) Loss of residential / commercial structures by squatters: Cash

compensation for the loss of built–up structures at full replacement costs.

(v) Loss of agricultural crops, fruit and wood trees: One time cash compensation

for the temporary loss of agricultural crops along the corridor of RoW due to

stringing of T/L at current market price based on average production of the

affected area, etc.

19. The entitlement matrix of the project showing detailed entitlement provisions for different

types of losses is included in Appendix-1.

20. Land acquisition and compensation distribution activities in most of the

components/subprojects except in Dumre-Damauli have almost been completed. Even in Dumre-

Damauli subproject, compensation has been paid to 28 out of 29 households whose land has

been acquired permanently to construct towers.

F. PROGRESS ON ACQUISITION AND COMPENSATION

F-1 Compensation for Affected Land

21. An estimated area of 206,450.14 sqm (20.65 ha) of land have been impacted by the

Project. Of the total affected land about 137,396 sqm (13.77 ha) of land is having only RoW

impact and about 69,053.24 sqm (6.88 ha) land have already been acquired permanently. Of the

total permanently acquired 69,053.24 sqm (6.88 ha) of land, 25,834.32 sqm land was purchased

through direct negotiation. The project has compensated for acquired land in most of the

subproject/component location including permanently acquired land to construct transmission

towers.

22. A total of 123 affected households have received compensation for their loss of land and

structures. The compensated households include; (i) 28 households for permanently acquiring

land to erecting new transmission towers, (ii) 70 households for acquiring land to Chapali

substations, (iii) 25 households with whom NEA purchased land through direct negotiation for

distributions/switching stations. Table F-2 and F-3 provides summary of acquisition and

compensation status of the project. Further details on land area and compensation amount will

also be incorporated in the LARP being updated.

Table F-2: Details on Acquired Land, Affected HHs and Compensation Paid HHs

S.N. Description Acquired Area

(sqm)

Affected

HHs (No)

Comp.

Paid

HHs (No)

Remaining

No of HHs

(Estimated)

Remarks

A. Middle Marshyangdi- Dumre-Dumauli – Marshyangdi 132 kV T/L & Related Works


2nd


1. Acquisition of land for constructing 29

number of Transmission Towers falling in

Private land along Dumre-Damauli-Marki

Chowk section

27068

29

24

1

Th

roug

h A

cqu

isitio

n

2. Restriction to land for maintaining RoW for

Dumre – Damauli ( 9 m both side for 20 km)

section

119396.9 330 330[a]

3. Permanent Acquisition: Tower construction

(11.25* 7.92) for 15 MVA, 132kV/33kV New

Marsyangdi Sub-station at Markichock (5

nos)

445.06 4 4

4. RoW for New Marsyangi Sub-station (1km) 18000

Subtotal-A 164909.96 363 28 336

B. Construction of a new 30 MVA, 132 kV/11kV Sub-station at Chapali

3 Acquisition of land for the construction of a

new 30 MVA, 132 kV/11kV Sub-station at

Chapali

17297.16

70 70 - Through

Negotiation

Subtotal-B 17297.16 70 70 -

C. Construction of Distribution Substations/Switching Station

1 Construction of distribution sub-station at

Baniyani

0.694 1 1 -

Eithe

r a

va

ilab

le G

ove

rnm

en

t Lan

d o

r

Pu

rcha

se

d th

roug

h N

eg

otia

tio

n

Th

roug

h A

cqu

isitio

n


Dhanushadham

3787.52 3 3 -


Paraul, Mahottari

1925.35 9 9 -

4. Construction of distribution sub-station at

Barthawa, Sarlahi

5417.64 3 3 -


Dhikurpokhari/Banskot, Kaski,

3179.62 2 2 -


Kusma, Parbat

3052.44 3 3 -


Mainapokhar, Bardiya

7708.6 3 3 -

8 Construction of switching sub-station at

Mulpani (1 ropani 8 Aana)

763 1 1 -

Sub-Total-C 25,834.32 25 25

206,450.14

(20.65 ha)

458 123 366

Source: Updated cadastral survey and technical design information, NEA, Feb 2016

[a]=The estimated area of land to be restricted for RoW and number of households to be affected to be confirmed after physical

verification and alignment route of 132 kV T/L. The contractor is yet be remobilized

Note: The final numbers will be incorporated in the updated RP

F-2 Compensation Payment for Affected Structures

23. Three subprojects; (i) Dumre-Damauli, (ii) Chapali Substation and (iii) Butwal –Kohalpur

2nd circuit stringing components have impact on 19 structures. Among them 4 are cattle sheds

and 15 are residential structures. Of the total households having impact on their structures 4

households in Chapali and 3 households in Butwal have already been compensated. Payment for

the structures affected due in Dumre-Damauli RoW is remaining (Table F-3). Further details in

affected land, structure, and compensation status will be incorporated in the updated Project

Resettlement Plan being updated.


2nd


Table F-3: Households having Affect on Structures and Compensation Distribution Status

S.N. Description Total

Affected

Structures

(No)

Affected

HHs (No)

Compensated

HHs (No)

Remaining

HHs(No)

A. Middle Marshyangdi- Dumre-Dumauli – Marshyangdi 132 kV T/L & Related Works

1. Residential structures (8) and cattle sheds

(4)

12 9

9

B. Construction of a new 30 MVA, 132 kV/11kV Sub-station at Chapali

2 Residential sheds 4 4 4

C. Butwal-Kohalpur 132 kV Second Circuit

3 3 3

Total 19 16 7 9

F-3. Livelihood Restoration

24. The updated cadastral survey shows about 329 households likely to be potential for

livelihood restoration/skill trainings in Dumre-Damauli subproject. The categories of potential

households listed for livelihood restoration/skill training also include: (i) single women headed

households, (ii) households having complete loss of structures, (iii) households having more than

10% land loss out of total holdings, (iv) households belonging to project affected indigenous

peoples including other vulnerable households and below poverty level households.

Table F-4: Households Considered for Skill Livelihood Restoration Training

S.N Vulnerability Category Vulnerable HHs by

Project Districts

(No.)

%

1. Single Women Headed Households 16 4.86

2. Households having full impact on residential structures 12 3.65

3. Households having more than 10 % of land loss 235 71.43

4. Dalit (minor caste) Households 18 5.47

5. Indigenous People’s Households 44 13.37

6. Below Poverty Level Households 4 1.22

Total Vulnerable Households 329 100

Source: Census, May – June 2005 (Updated Cadastral Survey 2016)

25. The project through its Resettlement Plan has allocated budget to implement skill

training/livelihood improvement activities to the family members of significantly affected,

indigenous and other vulnerable households. The ESSD already conducted several awareness

building, school support, and environmental and wild life conservation related programs. Imparting

such awareness program at community at project affected area and skill training to the family

member of significantly affected households would be supportive to such families to restart their

life as well as to ensure project’s direct benefit to local community and project affected family to

harness the benefit from the project as provisioned ADB Safeguard Policy (2009). However, the


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estimated number of households (Table F-4) potential for livelihood restoration/skill training may

be changed during the implementation phase due possibility of change the number of significantly

affected households.

F-4. Ensuring IPs Identity, Human Right, Livelihood and Cultural Uniqueness

26. The project not likely to have major impacts or it may not generate major issues related

to identity of Indigenous People (IP), human rights and cultural uniqueness. However, the project

has made provisions of livelihood enhancing training to the vulnerable including indigenous

significantly displaced households.

27. The Indigenous/Ethnic people in the project area having impact on their assets been

found streamlined with the main social stream sharing common cultural values and norms as well

as languages and benefiting from the similar economic opportunities. The IP and minors in the

project location are neither hunter nor pastoralist groups. They have not been found using solely

own distinct language for communication and social sharing, and not also having completely

independent culture and other traditional livelihood (e.g. fishing, hunting, collecting herbal plants).

F-6 Grievance Redressal Mechanisms

28. Land Acquisition Act encourages forming Grievance Redress Committee for solving the

grievances related to the project. Similarly, NEA in its website has also maintained contact

address to lodge the grievances. However, till direct Grievance Redressal method being adopted

in the subproject. According to this, project staff collects grievances received from DPs or other

stakeholders and local communities then forward to the Project Manager. The Project Manager

reports collected grievances to the Chief District Officer (CDO). The CDO as needed

review/verify and address the grievances through a joint meeting with representatives from the

project office and relevant government institution and local representatives from all political parties

and other stakeholders including affected persons on case to case basis. Some of the key

grievances submitted to the CDO under Dumre-Damauli 132 kV transmission line and their status

is given in Table E-1.


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Table E-1: Submitted Grievances and Status

S.N. Submitted Grievances Action Taken and Status

Middle Marshyangdi - Dumauli – Marshyangdi 132 kV Transmission Line and related Substation Works

1. Local People’s Complain about AP 4-7

Bagbhanjyang: Displaced persons in

Bagbhangyang of Vyas Municipality, ward 11

have requested to shift/adjust the existing

location of AP towers (No. 4, 5, 6, 7) to avoid the

acquisition and RoW impacts on their

cultivating/residential/commercial land in

between these AP locations.

September 2015:

NEA discussed with the likely displaced persons and

local people,

CDO conducted all party meetings (2 times) at Damauli

on Sep 3 and 19, 2015 and repeatedly decided the

following: - requested NEA and affected community to

see the options/ scope for shifting the proposed T/T

location avoiding RoW impact on agricultural/residential

land provided the option is technically feasible.

- suggested NEA to clarify in all party meeting if shifting

is not possible.

ADB requested NEA for a joint (safeguard and

technical) mission in the problematic site to (i) share

affected persons’ view in the area and (ii) to assess

technical scope of shifting/adjusting the alignment for

avoiding/minimizing impacts

January-June 2016:

In January 17, 2016 a joint (safeguard and technical)

team of ADB and NEA visited Dumre-Damauli project

sites to access the issues in maintain RoW under

Dumre-Damauli T/L project.

The joint team discussed with local community in AP

4,5,6,7 and physically observed the proposed

alignment route between 4-5-6-7 and assessed the

scope of adjusting the transmission route for

avoiding/minimizing impacts on private land and

structures.

NEA will assess the possibility of shifting tower number

4-5-6-7 to reduce the impact on private land with support

from contactor’s team of surveyor and tower design

engineer.

2. Disturbance on Erecting AP-15 at Vyas

Municipality Ward No. 5: Local communities

have shown serious concern that construction of

Transmission Tower in the proposed location

(AP.15) may disturb for the existing play-ground

for sport activities and constructing stadium in

the future. So they have been requesting NEA

for slightly shifting of the existing Angle Point

(AP) location or to do some alternative

arrangement negotiating with local community.

During the joint safeguard mission in 17 th Jan 2016

one of the community representative reiterated their

demand for shifting back the tower in another plot of

Government land with gabion protection to increase

the area of existing ground. NEA will access the with

support from contactor’s team of surveyor and tower

design engineer.

Possibility support from contactor’s team of surveyor

and tower design engineer.

NEA has assessed the scope of shifting location for

AP 15 in another nearby plot of Government land

subject to the approval by the contractor.


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F-7. Minimizing Scope of Land Acquisition

29. One of the objectives of Bank policy in Involuntary Resettlement is to minimize the scope

of acquisition as much as possible and practicable. Accordingly, as the calculation of acquired

and yet to be acquired land shows the project has been able to minimize the acquisition scope. It

is due to the reason that an estimated area of 259889.16 sq.m. or 25.99 ha of land was expected

3. Disturbance on Erecting AP- 57 and 58

located at Bhansar, Nayan Basti of Bhanu

Ward No 5:

Affected persons due to acquisition for towers

has been requesting advance compensations for

the likely affected residential structure and grain

storing structure before starting tower erecting

and stringing works.

Some land plotters are also requesting to confirm

whether their land will be affected by RoW

impact, if yes, also calculate and inform them the

estimated area likely to be affected before

starting the work.

One of the affected households Mr. Asa Bahadur

repeated the same demand during the joint

safeguard meeting in January 2016.

NEA is coordinating with the displaced households,

local people, persons likely to have RoW impact and

land plotters to inform them about the compensation

provision for the land and other assets (e.g.

structures) acquired for Transmission Towers and

RoW.

Processing for compensation distribution is pending

due to absence of Project Manager in the field and

NEA field based Resettlement Officers more

involvement in community forestry clearing activities

(As reported by field based NEA representative this

problem has been addressed)

I. New Marsyangdi 132 kV Second Circuit Stringing

1.

As reported by NEA project team, a household

affected during the first circuit stringing has been

disturbing for second circuit stringing work since

June 2015. This is mainly due to the reason that

the household did not receive compensation for

the projects impact during the first phase.

Project offered the remaining payment for the

mentioned impact. But the household is

demanding high and not allowing to work in

Marsyangdi-Middle Marsyangdi section.

The project team will explore the information on

compensation payment and organize another round

of meeting once contractor resumed the work.

4. Affected households in Yampaphant ,are also

disturbing second circuit stringing due to RoW

impact on their land both in the first as well as

second circuiting stringing. Some of them have

also submitted grievance to CDO, but not yet

heard.

One of the contacted persons (Bhanu Bhakta

Bhattarai) has also submitted grievance to

District Administration (DAO) office during

Mangsir 2071 (November 2014), but grievance

not heard.

Further discussion will be held in presence of CDO a

and other district authorities once contractor is

mobilized.


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to be acquired for the project during feasibility. However, only about 206450.14 sq,m, (20.65 ha)

land has been estimated to be affected during the implementation. The recent estimate is about

53,439.02 sqm (5.34 ha) less than the feasibility phase estimate (Table: F-1). Utilization of

available GoN/NEA land for different subproject components is one of the main reasons of

reducing impact on the size of land during the implementation phase.

Table F-1: Project Affected Land As Estimated During Feasibility & Implementation Phases

S.N. Description Sqm Ha

1. Area of Land to be Affected as Estimated during

Feasibility Phase

259889.16 25.99

2 Actual Area of Affected Land during Implementation 206450.14 20.64

3. Minimized Area from the Scope of Acquisition 53439.02 5.34

G. GAPS AND CORRECTIVE ACTION PLAN FOR MITIGATION

30. Following corrective actions has been recommended for addressing the issues and

accelerating the implementation of land acquisition and compensation distribution activities:

a. Institutional strengthening of ESSD also to support on designing resettlement

planning, support on implementing and monitoring activities;

b. Active involvement of Environmental Monitoring Unit under NEA/ Environmental

and Social Studies Department (ESSD/EMU) on RP Implementation Activities;

c. Regular communication and follow-up with project affected families;

d. Finalizing of updated cadastral survey report disclosing to local community,

project affected families and field verification of alignment route with the support

of contractor;

e. Addressing of all impending grievances with the support of relevant stakeholders

(e.g. local community, district level Government agencies, project affected

families and other stakeholders etc.);

f. Get the compensation rate fixed from Chief District Officer (CDO) for different

types of impacts and losses (e.g. impact on structures, impact on livelihood,

impact on trees and crops etc.) due to restriction of land for maintaining RoW in

Dumre-Damauli;

g. Address the grievance if any regarding compensation with the support of CDC,

CDO, and other stakeholders including local community;


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h. Ensure compensation distribution to all project affected households for different

types of losses;

i. Prepare database and inventories of project affected households and their

affected assets;

j. Prepare and finalize the list of affected indigenous, dalits and other significantly

affected vulnerable households (BPL HHs, women headed households, HHs

having disabled person, significantly affected households) to ensure them

additional support (e.g. skill training) as provisioned in the entitlement matrix;

k. Impart skill/livelihood restoration training to the family members of eligible target

groups/households with the support of local skill training providing institutes;

l. Collection of evidence that ensure the disbursement of compensation to the

affected households (e.g. copy of officially signed documents after receiving

compensation by DPs, Copy of land ownership transferred certificate (Lalpurja)

etc.;

m. Collection and compilation of copies of correspondence letters, meeting minutes,

submitted grievances and decisions made by the CDO or the project to be

maintained in NEA/EM Unit;

n. Timely submission of progress report;

o. Other activities related to land acquisition, compensation, skill training and

associated activities.

H. PROPOSED MAJOR ITEM OF FOCUS FOR NEXT REPORT

31. The next semiannual report will be focused on the progress of implementing and

complying safeguard activities as summarized in Table K-1.


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Table K-1: Focus of Next Semi Annual Report

S.N

Description

1. Identification/conformation of households to be affected by Transmission line RoW.

2. RoW restriction and compensation distribution related works

3 Fixation of compensation for the RoW affected land and other associated structures

4. Fixation of compensation Rate for the structures affected due to RoW impact

5. Fix compensation rate for loss of crops and trees due to RoW impacts

6. 1. Update on proportion of land loss by affected persons due to RoW impact by reviewing information related

land ownership

7. Update information on loss of trees and structures due to RoW impact

8. Deed transfer of already compensated land for towers.

9. Compensation and deed transfer of remaining 1 affected household affected due to land acquisition for

tower.

10 Status of updated resettlement plan implementation -

12. Grievance redressal status of ongoing grievances.


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APPENDICES

Table 4-2: Entitlement Matrix APPENDIX-

1 Nature of Loss

Application Definition of AP Entitlements Actions Responsibility

A. Land Acquisition (Applicable in case of fresh acquisition and / or legally confirmed ownership on the ROW

Permanent acquisition

of agricultural/

Residential/ commercial

and other private lands

by landowners

Land and other assets

permanently acquired for the

Project

Person(s) with land titles Cash compensation at replacement cost

based on current market price. Provision of

land for land compensation will be made for

those APs having complete loss of land in

accordance to the prevailing Act3

Full compensation for the

loss of land at

replacement cost

NEA and CDO

Land restricted to use

except for cultivation

along the RoW of

transmission lines

Portion of land used to maintain

the RoW of newly constructed

T/L under the project and

restricted to use except for

agriculture purpose

Ownership of such land will

remain to the titleholders and will

have full right to utilize the land

for cultivation except to built

structure and plantation of trees

within the area of RoW

Person(s) with land titles One time cash compensation for the land

restricted to maintain RoW of the new

transmission lines, except to use for

agriculture purpose.

The rate of compensation to be fixed by

Compensation Fixation Committee (CFC) to

be formed under the prevailing Acts.

Compensation for land

restricted to maintain

RoW of the newly

constructed transmission

lines

NEA and CDO

Permanent acquisition

or restriction to use of

agricultural/

Residential/other private

commercial and other

private lands except for

cultivation by Tenants

Land and other assets

permanently acquired or

restricted to use except for

agriculture due to RoW impact

Registered tenant(s) Fifty percent cash amount as compensation

to the tenants out of the total compensation

fixed for the permanently acquired land or

land restricted to use except for agriculture

to maintain the RoW of new transmission

lines.

The remaining fifty percent compensation

amount will be given to the titleholders of the

affected land as provisioned in the prevailing

law of Nepal

Compensation for the

tenants of affected land

NEA and CDO

3 There is also provision of land for land compensation to the APs having complete loss of their land only if government land is available in the area (Land Acquisition Act 1977, Clause

14)


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Significant impact on

residential land due to

restriction to use due to

RoW of new

transmission line or

restriction to use land

for the construction of

residential building due

to ROW impact

Those having small size of

residential land within the

restricted RoW area of new

transmission line and also not

having alternative land to

construct their house (subject to

be confirmed by CFC).

Person(s) having significant

RoW impact of new

transmission line on their

residential land causing

restriction to construct

residential building

Cash compensation at replacement cost

based on current market rate subject to be

confirmed by the CFC that the AP(s) don’t

have any alternative land to build their house

Compensation to those

who will have significant

impact on their residential

land due to RoW causing

restriction to built

residential structure

NEA and CDO

Temporary effect on

land due to use by the

contractors during

construction phase

Land temporarily acquired by the

contractors during the

implementation phase

Person(s) owning land Contract to be signed between the APs and

property owner for temporary use/acquisition

of land/assets. The contract to confirm rental

rate/compensation and mode of payment.

Project Office and the Contractor to ensure

compensation for the land/assets temporarily

acquired during the construction phase.


temporarily acquired

land/assets by the

contractors

NEA and

Contractor

B. Loss of Residential /Commercial Structures (Applicable to the owners of the structures)


2nd


Loss of residential /

commercial and other

structures by

titleholders

Residential/commercial and

other associated structures (e.g.

toilets, cattle shed etc) acquired

for the project

Owners of the affected

residential/commercial

and associated structures

Cash compensation for the loss of built–up

structures at full replacement costs based on

current market price.

The land occupied by the affected structure

within the RoW will not be permanently

acquired. However, the portion of land coming

under the RoW will be restricted to use except

for agriculture and the owners will be paid

compensation for the restricted portion of land

subject to be fixed by the CFC

Owners of affected structures will be allowed

to take/reuse their salvageable materials

The APs will be provided one time shifting

allowances to move the household effects

and materials. The allowance will be paid @

NRs 25,000 per affected households as

estimated based on consultation with the APs

on current market price.

The APs will also be provided transitional

allowance to meet to cost of renting

accommodation and other management cost

for a period of 4 months (estimated time to

rebuilt the house) @ NRs 5,000 per month

(Total NRs 20,000 per affected household)


residential/commercial

structures

CDO/NEA


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Loss of residential /

commercial structures

by squatters

Structure on ROW / Govt. land

Owners of Structure Cash compensation for the loss of built–up

structures at full replacement costs.

The land occupied by the affected structure

within the RoW if owned by titleholders, the

portion of land coming under the RoW will be

restricted to use except for agriculture and the

owners will be paid compensation for the

restricted portion of land subject to be fixed by

the CFC

Owners of affected structures will be allowed

to take/reuse their salvageable materials

The APs will be provided one time shifting

allowances to move the effects and materials.

The allowance will be paid @ NRs 25,000

per affected households as estimated based

on consultation with the APs on current

market price.

The APs will also be provided transitional

allowance to meet to cost of renting

accommodation and other management cost

for a period of 4 months (estimated time to

rebuilt the house) @ NRs 5,000 per month

(Total NRs 20,000 per affected household)

Compensation for lost

assets to the squatters

NEA, CDO,

and NGO

C. Loss of Income Generating Activities (Whether or not land is legally occupied)


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Loss of agricultural

crops, fruit and wood

trees

- Loss of crops from the land

permanently acquired for the

project,

- Loss for crops likely to occur

during the construction phase

from the land restricted to use

except for agriculture to maintain

the RoW of new transmission

line, and

- Loss for crops likely to occur

on the agriculture land along the

existing RoW corridor while

stringing transmission the

transmission line including

second circuit.

Owner of crops or trees

One time cash compensation for the

temporary loss of agricultural crops along the

corridor of RoW due to stringing of T/L at

current market price based on average

production of the affected area.

Titleholders having loss of crops due to

permanent acquisition of land will be paid

compensation for 15 years, equivalent to the

average production of the acquired area to be

computed at their current market price.

One time compensation for loss of fruit trees

for average fruit production for next 15 years

to be computed at current market value.

One time compensation for loss of wood-trees

at current market value of wood (timber or

firewood, as the case may be).

Cash compensation for

the temporary/permanent

loss of crops/trees

CDO,NEA, District

Forest Office,

District Agriculture

Office and

Contractor

Loss of income by

commercial structure

owner / tenants

conducting businesses

from rented premises /

land

Business affected by

transmission line / sub-station

construction

Owner of business /

business tenants

operating business on

rented premises

One-time lump sum cash grant; minimum

one-month’s (assuming one month as the

minimum time required to shift and restart the

affected business) income based on the

nature of business and type of losses to be

assessed on a case-to-case basis.

Short-term compensation

for loss of income.

NEA and CDO,

NGO

Loss of business

premises

Business structure on acquired

land and/or legally confirmed

ownership rights on ROW

Owner /renter of business

premise

Shifting allowance will be paid to the affected

businesspersons on actual cost basis.

Removal /relocation

assistance

NEA and CDO,

and NGO

Loss of wages by

employees

Income reduced during period of

readjustment

Employees of businesses One-time financial assistance equivalent to

30 days wages (assuming 30 days as the

required time to restart the affected

business/work or to find new employment by

the wage employee) to be computed at local

wage rates.

Short-term compensation

for loss of income.

NEA and CDO


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Income restoration and

livelihood improvement

of the significantly

affected households

and other vulnerable

Households (e.g.

indigenous/ethnic/

minority caste group,

female headed etc)

Households having significant

impact on land /structures and

other vulnerable households

(e.g. indigenous/ethnic/ minority

caste group, female headed etc)

Households having

significant impact and

project affected vulnerable

project affected

households (e.g. Female

headed house, old and

disable head of

households without any

earning members, Dalits,

indigenous, minor caste,

below poverty level

households etc)

Enrollment of the family members on income

generation or skill training activities for the

improvement of household income. Each

family members to be involved in the

livelihood improvement activities will be

provided NRs 15.000 to get enroll in the skill

training or to start other livelihood

improvement activities (e.g. cattle farming,

keeping small shops etc)

The cost is estimated based on consultation

with the NGO and affected families and local

market to start small income generating

activities.

Involvement of vulnerable

households on livelihood

improvement activities

NEA, CDO,

and NGO

Loss of cultural &

community

structures

/facilities/resources

Community/cultural/religious

structures/resources affected by

the project

Temple/Monastery/Religio

us tree/Graveyard etc

Complete rehabilitation/restoration by the

Project; or, cash compensation for

restoring/reestablishment of the affected

cultural/community structures and

installations, to the recognized

patron/custodian.

Replacement /restoration

of

religious/cultural/commun

ity structure /facilities

NEA, CDO,

NGO, and local

Community

Unanticipated adverse

impact due to Project

intervention or

associated activity

The EA and Project implementation authorities will deal with any unanticipated consequence of the Project during and after the implementation in the light and

spirit of the principle of the entitlement matrix.


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