NEPAL INDIA ELECTRICITY TRANSMISSION AND TRADE PROJECT Hetauda-Dhalkebar-Duhabi 400 K.V. transmission line and Hetauda-Bharatpur-Bardaghat 220 K.V. transmission line project Resettlement Action Plan 2077 1 Brief Introduction An agreement was concluded on June 11, 2021, for the construction of Hetauda-Dhalkebar- Duhabi 400 K.V. and Hetauda-Bharatpur-Bardaghat 220 K.V. transmission line under "Nepal- India Electricity Transmission and Trade Project" which is being carried out with loan and grant assistance from the World Bank under a joint venture of 138 million dollars of the World Bank and 30 million dollars of the Government of Nepal and is being implemented from September 29, 2011. After the construction of this transmission line, the electricity transmission capacity will be enhanced through the flow of additional 2000 megawatts of electricity. It will facilitate the exchange of electricity between Nepal and India and the transmission of electricity generated by independent energy producers of Nepal and other institutions to other parts of Nepal. The total length of the Hetauda-Dhalkebar-Inaruwa 400 K.V. electricity transmission line under construction by the Nepal Electricity Authority (NEA) is approximately 288.31 km. The transmission line extends through 10 districts in total - Makawanpur, Bara, Rautahat, Sarlahi, Mahottari, Dhanusa, Siraha, Saptari, Udayapur and Sunsari. Similarly, the total length of the Bharatpur-Bardaghat line under the Hetauda-Bharatpur-Bardaghat 220 K.V. electricity transmission line project is 74 km. The transmission line extends through Chitwan, Nawalparasi, and Nawalpur districts. The Initial Environmental Examination Report (IEE Report) of this project was approved by the Ministry of Energy in 2068 B.S. The Social Impact Assessment and Resettlement Action Plan was also prepared in line with the standards mentioned in Social Safeguard Policy prescribed by the donor agency-the World Bank. Before commencement of construction works of the project, the project has primary duty to provide compensation and confer other support to the project affected people and families. Furthermore, due attention is also given to families displaced by the project so that they have enough time to construct the required structure in a new place with the provided compensation. Various programs are being conducted for mitigating the impacts that may arise during the construction and operation of the project. The Resettlement Action Plan (RAP) 2011 included the land to be acquired for tower construction only and the lands under Right of Way (RoW) of the transmission lines were not included. 2 There was a lack of comprehensive action plans with respect to grievance redressal, thus, the said resettlement action plan has been revised. 1. Technical Aspect of the Project Hetauda-Dhalkebar-Inaruwa 400 K.V. transmission line, being constructed by Nepal Electricity Authority with high priority, starts from Thanabharyang substation located in Makawanpur district, Hetauda municipality, Ward No. 11 and connects to the new sub- station, under construction in Sunsari district, Bhokraha Narsingh Rural Municipality, Ward No. 4. Among the total length of 288.31 km. of the transmission line, approximately 18.6 km. (Hetauda-Harnamadi) lies in the hilly region, approximately 23.4 km. (Harmadi- Nijgadh Sector) lies in the Shiwalik Chure region and the rest 243.2 km. (Nijgagh-Inaruwa Sector) lies in the Terai region. The majority of the sections of the transmission line are nearby parallel to and nearby the existing 132 K.V. transmission line and East-West Mahendra Highway. This transmission line will be double circuit and 4 ACSR Moose Conductors will be installed in every phase. The average height of each double circuit tower will be 45 meters and a tower will be constructed within an area of 17.17 to 29.29 square meters. Similarly, 792 towers will be constructed in this transmission line and the average distance between every two towers will be 480 meters and the Right of Way (RoW) of the transmission line will be 25/25 meters left and right from the center point of the transmission line. New 220 K.V. sub-stations are being constructed in Sunsari district, Bhokraha rural municipality and Makawanpur, Hetauda, Thanabharyang, and the construction of a 220 K.V. sub-station is in completion phase in Dhanusa, Dhalkebar. Bharatpur-Bardaghat 220 K.V. transmission line starts from Chitwan district, Bharatpur Metropolitan Xity, Qard No. 1, Aaptari, and ends at the new substation to be constructed in Nawalparasi district, Bardaghat Municipality. Among the total length of this transmission line of 74 km, 79.19% lies in the forest area, 18.38% lies in agricultural land and 2.43% lies in river and rocky area. The transmission line of this project will be double circuit. A total of 246 towers will be constructed in this transmission line and 2 ACSR bison conductors will be installed in every phase. The average height of each double circuit tower will be 22.5 meters and the base of that tower will be 12.5 square meters and the 3 Right of Way (RoW) of the transmission line will be 30 meters (15 meter each side from the centerline). 2. Environment and Social Impact In order to complete the project construction work in an environment-friendly manner the environment and social impacts of the transmission line has been appraised as follows. Hetauda-Dhalkebar-Inaruwa 400 K.V. transmission line: Approximately 37% part of this transmission line lies in the forest area and the remaining part lies in agricultural land. In accordance with the approved and updated IEE Report, trees located in a total of 518.25 hectare forest area will be cut down while implementing the project, and 30.33 hectares of private agriculture land will be permanently acquired. The project has made various efforts to quickly conclude land acquisition and compensation related tasks. Furthermore, it is estimated that a total of 171 houses and other structures will be affected by the Right of Way (RoW) of the transmission line. While constructing this transmission line, it is estimated that approximately 475 hectares of private land will lie in the right of way of the transmission line. Bharatpur-Bardaghat 220 K.V. transmission line: Approximately 79.19% of this transmission line lies in the forest area, 18.38% lies in agricultural land and 2.43% lies in river and rocky area. In accordance with the approved IEE Report, a total of 26,060 trees will be cut down while implementing the project. While constructing this transmission line, it is estimated that approximately 278 hectares of private land will fall in the right of way of the transmission line. Furthermore, it is estimated that a total of 47 houses and other structures will lie within the Right of Way (RoW) of the transmission line. The project has made various efforts to quickly conclude land acquisition and compensation tasks. According to the conclusion of the study, the transmission lines do not seem to make a significant impact in social and economic sectors. Various mitigation programs are being undertaken for families, communities, and rural municipalities/municipalities that are going to be affected by project implementation. Similarly, it is estimated that it will make a positive impact on the local economy during the project construction period. There will 4 be employment opportunity available for local residents and the local people may get an opportunity to learn new technical skills. The people of those areas can take maximum benefit from these provisions. The construction of houses and sheds and planting of tall trees and plants will not be allowed in the right of way of the transmission line. But such lands can be used for general agriculture works. 3. Impact Mitigation and Enhancement Actions Various programs are being conducted in project-affected areas for the mitigation of adverse environmental and social impacts caused during the implementation and operation of the project. The Environment And Social Management Unit of Hetauda-Dhalkebar- Inaruwa 400 K.V. transmission line and Bharatpur-Bardaghat 220 K.V. transmission line has been carrying out environmental and social impact mitigation measures, enhancement programs and monitoring as well as public relation and coordination with the local stakeholders. Reforestation works have commenced in available empty forest area located in affected and adjacent area at a rate of 2 to a maximum of 25 plants per one felled tree in the forest area. This results in an increase in the number of trees and the forest area will also be expanded. Various skill-oriented training, support in advanced agriculture/animal farming, capacity enhancement programs are being conducted focusing on families whose house, land, and other structures have been affected. There is a policy of prioritizing the affected families for employment as far as their skills and capacities allow. The activities of contractors and laborers are being continuously monitored for completing the project construction works in an environment-friendly manner. Following works are being carried out under this transmission line in accordance with and as mentioned in the approved Initial Environmental Examination Report and other reports of this project. 3.1 Environmental Monitoring and Management Nepal Electricity Authority's Environment and Social Studies Department has been conducting environmental management-related works of Hetauda-Dhalkebar-Inaruwa 400 5 K.V. transmission line. This department has been conducting environmental monitoring and impact mitigation works of this project by establishing ESMU in 3 placesNijgadh of Bara, Bardibas of Mahottari, and Inaruwa of Sunsari since November 2013 (2070 B.S.). In addition to this, from the central level- the Ministry of Energy and Ministry of Forest and Environment- has been conducting monitoring of concerned works. The World Bank has also been conducting monitoring from time to time. 3.2 Resettlement Action Plan (RAP) Comprehensive procedures have been presented for the identification and verification of land and other structure lying in the Right of Way (RoW) of the transmission line. The procedures will identify and verify benefits to be given as compensation for land use restrictions in the Right of Way (RoW) of the transmission line and provide compensation accordingly. 3.3 Grievance Redress Mechanism (GRM) To address public grievances received concerning the transmission line project, three-tier grievance redress management committees have been formed. In addition to this, the functions, duties, and powers of members in each tier have been allocated accordingly. In case, any information with regards to this project is required and if there is any grievance regarding the project, provisions are in place to contact with concerned division offices. 4. Resettlement Action Plan (RAP) The Resettlement Action Plan (RAP) prepared in 2011 included only the land to be acquired for tower construction but did not include lands under the Right of Way. There was also a lack of comprehensive action plans for grievance redressal, as such, this resettlement action plan has been revised again. This resettlement action plan has been prepared according to the project’s Social Impact Management Framework, 2011. Comprehensive procedures have been presented for the determination and distribution of compensation after identification and verification of land and physical structures lying in the Right of Way of the transmission line of this project. Furthermore, action plans have been presented for monitoring and grievance redressal as well. 6 4.1 House and Lands lying in the Right of Way of transmission line of the project This Resettlement Action Plan (RAP) has included impacts on private land, house, other physical structures and trees/plants situated in the private land during the implementation of the project. The identification and verification of land and other structures lying in the Right of Way (RoW) of the transmission line of this project has already started. The details of land and structures lying under the lines of the Hetauda-Dhalkebar-Inaruwa 400 K.V. transmission line and Bharatpur-Bardaghat 220 K.V. transmission line have been presented in the below summary Table 1 and 3 and Table number 2 and 4 respectively. The details of trees and plants lying under the RoW will be collected before stringing works. Table 1: Affected house, sheds, and other structures lying in the Right of Way of the transmission line Hetauda-Dhalkebar-Inaruwa 400 K.V. transmission line Districts Affected Structures lying under the lines Residential Other Total Total No. of Remarks Structures Numbers Landowners Structures Sunsari 8 0 8 5 Udayapur - - - - Saptari 23 0 23 12 Siraha 37 12 49 30 Dhanusa 31 31 22 Mahottari 2 1 3 2 Sarlahi 16 24 40 26 Rautahat - - - - Bara - - - - 7 Makawanpur 54 54 53 Total 171 37 208 150 Table 2: Affected house, sheds, and other structures lying in the Right of Way (RoW) of the transmission line Bharatpur-Bardaghat 220 K.V. transmission line Districts Affected Structures lying under the lines Residential Other Total Total No. of Remarks Structures Numbers Landowners Structures Nawalpur 47 - 47 47 Total 47 - 47 47 Table 3: Affected lands lying in the Right of Way (RoW) of the transmission line Hetauda-Dhalkebar-Inaruwa 400 K.V. transmission line Land parcels under RoW District Land Verified Area of Affected Land Remarks Parcel Owners Bigah Kathth Dhu Kaun Number Numbe a a r i s r Sunsari 615 415 52 2 18 0 Udayapur 45 45 6 8 17 4 Saptari 2003 1833 222 14 11 13 8 Siraha 736 80 2 8 1 Inaruwa Divisio n 909 136 17 15 4 Dhalkebar Division Dhanusha 587 101 16 24 15 Mahottari 31 22 3 9 1 0 Sarlahi 441 78 9 19 6 Rautahat 19 19 4 0 19 12 Bara - - - - - - No Private Land Makawanpu 150 150 22 16 17 0 r Total 5382 704 93 149 55 709 0 12 7 Table 4: Affected lands lying in the Right of Way (RoW) of the transmission line Bharatpur-Bardaghat 220 K.V. transmission line Land parcels under RoW District Land Parcel Verified Area of Affected Land Remarks Numbers Owners Bigaha Kaththa Dhur Kauni Number Nawalpur 272 233 417 0 4 0 Total 272 233 417 0 4 0 9 Note: The details of places where the construction of the project was obstructed have not been included in the details mentioned in the above tables. 4.2 Resettlement Action Plan (RAP) Steps It is very necessary to perform the major tasks of resettlement according to the construction work schedule of the projects. The project has the primary duty to distribute compensation amount and other support programs to project affected people and families before the commencement of project construction works. Furthermore, it will be implemented in the following steps so that the families displaced by the project will get enough time for construction of the structure in a new place as per their necessity with the compensation amount. 4.2.1 Step One: Identification of project affected families The house, land, various structures, along with other items owned along the Right of Way (RoW)of the transmission line will be identified and verified. The authenticated cadastral maps will be collected from the concerned government body and site visits will be conducted for identification and verification of land and other structures along the Right of Way (RoW) of the transmission line. (a) With respect to people having land ownership certificate (i) Demarcate 23/23 meter each on the left and right side from the centerpoint and 15/15 meter from the centerpoint with respect to the 400 K.V. transmission line and 220 K.V. transmission line respectively. (ii) To identify house, land, and other structures affected by the transmission line based on cadastral map received from the concerned Survey Office. (iii) To identify and verify ownership of land as mentioned in the record of the concerned Land Revenue Office and to prepare a preliminary list of landowners. (iv) Upon receiving complete information on project affected houses and lands, based on the the decision of the concerned district’s Chief District Officer , representatives of Survey and Land Revenue Office, and representatives of 10 other concerned bodies, an acquisition notice to aquire such land and structure must be published (b) Identification and verification of families not having land ownership certificate (With respect to long term users and tenants): (1) To determine basis of qualification for receiving compensation and other assistance. (i) Based upon recommendation from the concerned local body families who are long term users of the land should be identified. (ii) Identify people who have rented land and constructed structure or carried out other businesses. (c) Verification of ownership of house, land, and structure (1) Publish 35 days public notice in national daily newspaper for the acquisition of house, land, and other structures and such public notice must be affixed in different areas affected by the project for public information. (2) The concerned division offices of the project, must make required arrangements to address various grievances, claims and counterclaims that may come after the publication of the notice. (i) Make a provision to record such grievances, claims and counterclaims that come within the notice period. (ii) Apart from project personnel also mobilize local peoples' representatives and school teachers to collect grievances from project- affected people. (iii) If the name and other details differ in the published notice, such errors should be corrected by coordinating with concerned Survey and Land Revenue Office and the concerned landowner should be informed thereafter. 11 (iv) The compensation process then must be taken forward based on the official details received from the concerned Survey and Land Revenue Offices. (3) Receive official details of house and landowner from the concerned Survey and Land Revenue Offices. (i) With respect to the person not having a landownership certificate, such land and structure should be verified and recorded by coordinating with the local body, community, and other stakeholders. (ii) The concerned landowner and users must be informed about the above-mentioned activities. (d) Prepare the final list of houses, land, and other structures of project-affected families. (e) Information about deadline: The published notice should be provided to the concerned local bodies and affixed in other public places and the project affected household and families should be informed of the deadline. (f) The project must dispact correspondence to the concerned local bodies requesting not to confer approval of construction of any structure in areas to be acquired after the publication of the public notice. However, the project will not be in a position to restrict selling and purchasing of land alongthe Right of Way (RoW)of the transmission line. (g) Prepare a final list of the project affected families and affected houses, land, and other structures based upon identification of physically displaced households and the percentage of total project-affected land. 4.2.2 Second Step: Categorization and Valuation of Impacts and Losses Following tasks will be conducted for categorization and valuation of compensation of above-identified houses, land, and other structures. (a) Valuation of affected land, structure, and trees/plants: 12 (i) The project requests concerned District Administration Office for valuation after the project prepares details of land and structures. (ii) The concerned Chief District Officer organizes a meeting of the Compensation Determination Committee. Such committee comprises the following members: (a) Chief District Officer: Convenor (b) Representative of District Coordination Committee- Member (c) Representative of Survey and Land Revenue Office- Member (d) Representative of the Project- Member Secretary (iii) The committee may form a sub-committee comprising concerned experts for purpose of valuation as per necessity. (iv) The valuation committee will conduct valuation on the follwoing basis. (a) Utility of the land (such as residential, business, agriculture) (b) Type of the land: existing use of land, type of access road to the land, irrigation facility, and land setting. (c) Minimum valuated government rate. (d) Recent rate of land while selling and purchasing. (e) Bank valuation of the land pledged as collaterals. (f) Prevailing market rate. (g) Recommended rate from the local body. (v) Valuation of Structures: (a) Comprehensive verification of affected structure (ownership, type, etc.) (b) Preparation of final report of the affected structures based upon ownership, rate, total amount. 13 4.2.3 Third Steps: Process of payment of compensation and other assistance amount Following processes will be followed for payment of compensation to the concerned landowner and house owner identified in the first and second steps. (a) A notice will be published in the national daily newspaper for for the project affected to contact the concerned division offices along with their original documents for receiving compensation amount. Such public notice will also be affixed in the concerned local body, concerned Survey Office, Land Revenue Office, and other public places. (b) The representatives of concerned division offices of the project will go to the field to collect application from the project affected communities and provide compensation and other assistance amount. If any grievances are received during such visit from the project affected people, the record of such complaints will be maintained. (i) Information about the date and place of collecting necessary documents required to receive compensation amount will be given in advance. (ii) The compensation amount will be paid through an account payee cheque. (iii) In case of acquisition of the land, the ownership of land will be transferred to the project. (iv) If there are any grievances received, such grievances will be addressed through the grievance redress mechanism of the project. 5. Entitlement Matrix Construction of houses, structures along with trees/plants planted after the publication of 35 days public notice on acquisition will not be listed as being eligible for any compensation and hence, no compensation will be provided. Following people will be qualified to receive compensation and other assistance from the project. • Long term users/affected families of non-registered/registered/cultivated land • All those whose use of land they own or use is restricted • People taking land on rent or in partnership through an agreement with the concerned landowner for the purpose of cultivation. • Owners of buildings, crops, plants and other objects on the land. 14 • People losing business/livelihood as a result of land being taken or use being restricted for the project. All Affected families irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for assistance if they had occupied the land or used it before the cut-off date. Owners and users who have made changes after the cut-off date will be given advance notice to and requested to vacate premise or dismantle any new structure prior to project implementation. 6. Entitlement The following table provides a list of compensation package for residential structures, other private structures, community structures, and other structures. All those affected will be provided with compensation equivalent to replacement cost. 15 Table 5: Entitlement Matrix Type of Loss Unit of Entitlement Descripition of Entitlements Implementation Measures 1. House and other structures 1.1. Loss of Titleholder • Cash compensation for loss of house • The project will facilitate for the valuation of residential at replacement cost, according to the house and plinth area of the house. structures house type. • Valuation of the structures to be carried out by • Compensation for the land occupied Urban Development and Building Division by the structure Office. • Compensation will be provided to the concerned households as per the rates established by CFC. • Compensation will be paid at replacement cost. • Salvaged material will be allowed to be used by concerned households without any deduction from compensation amount. • 50% compensation will be paid in advance and remaining 50% will be paid after demolishing the structure • House rent allowance for 6 months will be provided to every family • House rent allowance will be determined by the committee headed by the Chief District Officer. • Transportation allowance for transportation of goods and material will be provided at the rate of twenty thousand rupees per household • Dislocation or disturbance allowance will be paid to minimize the impacts. where either 1. Crops, trees or other form of livelihood needs to be re/established or 2. If house needs to be rebuilt, then additional house rent allowance for six months will be provided, which will be determined by the committee to be headed by the CDO. • In addition, those household losing more than 10% of their land are also entitled to receive 16 additional training facilities. • Notice to vacate will be served at least 35 days prior to acquisition or land use restriction date. • To ensure fair compensation, determination of rates for the land to be acquired will be evaluated by the rate of that particular year. 1.2 Loss of other Titleholder and non-title • Other private structures include • Loss of structures other than houses does not private holders cowsheds, toilets, tube-wells etc. entail payment of other allowances. structures • Cash compensation for full or partial • Compensation will be provided to the loss at replacement cost, according to concerned households as per the rates structure type. established by CFC. • Compensation will be provided at • Compensation will be paid at replacement cost. replacement cost • Salvaged material will be allowed to be used by concerned households without any deduction from compensation amount. • Additional twenty percent of the valuated amount of the structure will be paid as dislocation allowance. • Notice to vacate will be served at least 35 days prior to acquisition or land use restriction date. 1.3 Loss of Non-titleholder • Compensation at replacement value • Compensation will be provided to the residential for loss of structures. However, concerned households as per the rates structures compensation will not be paid for the established by CFC. lands illegally occupied by the • Compensation will be paid at replacement cost. structure. • Salvaged material will be allowed to be used by concerned households without any deduction from compensation amount. • In case of loss of residential structure, if necessary, house rent allowance for 6 months will be provided. • House rent allowance will be determined by the committee headed by the Chief District Officer • Transportation allowance for transportation of goods and material will be provided at the rate of twenty thousand rupees per household. 17 • Dislocation or disturbance allowance will be paid to minimize the impacts. where either 1. Crops, trees or other forms of livelihood needs to be re/established or 2. If house needs to be rebuilt, then additional house rent allowance for six months will be provided, which will be determined by the committee to be headed by the CDO. • In addition to cash compensation, livelihood improvement/ income restoration measures i.e employment, skill training will be considered. • Notice to vacate will be served at least 35 days prior to acquisition or land use restriction date. • In the case of structures built on unregistered land compensation will be provided to the land occupied by the structure based on the decision made by the Government of Nepal, Council of Ministers dated 2076/08/30 B.S. (December 16, 2019 A.D.) 1.4 Loss of Tenants /Leaseholder • Compensation will be paid at • Compensation will be provided to the residential and replacement cost. concerned households as per the rates other private established by CFC. structures • Salvaged material will be allowed to be used by concerned households without any deduction from compensation amount. • In case of loss of residential structure, if necessary, house rent allowance for 6 months will be provided. • House rent allowance will be determined by the committee headed by the Chief District Officer • Transportation allowance for transportation of goods and material will be provided at the rate of twenty thousand rupees per household 18 • Dislocation or disturbance allowance will be paid to minimize the impacts. where either 1. Crops, trees or other forms of livelihood needs to be re/established or 2. If house needs to be rebuilt, then additional house rent allowance for six months will be provided, which will be determined by the committee to be headed by the CDO. • Notice to vacate will be served at least 35 days prior to acquisition or land use restriction date. 2. Land 2.1 Loss of private Titleholder • Compensation will be paid at • The preliminary works of land acquisition will land replacement cost. be conducted by the preliminary officer • In the case of farmland, the PAP/HH prescribed by the project. will be entitled the cultivation • CDC will be formed in each district and disruption allowance equal to one compensation rates established by CFC will be crop production. provided to the concerned households. • Notice to vacate will be served at least 35 days prior to acquisition. • Cash compensation will be provided by cheque. • To ensure fair compensation, determination of rates for the land to be acquired will be evaluated by the rate of that particular year. 2.2 Loss of private Non-titleholder • Non-title holder with traditional land • In addition to compensation, non-title holders land use right and recognized by GON and will also be eligible for resettlement assistances who are in process of getting land for income/ livelihood restoration ownership title will be provided • CFC to decide the status of such non-title compensation for land. holder as per the legal framework. • Resettlement assistance in lieu of • Compensation to the uncultivated land will be compensation for land occupied paid as per the decision made by the (land, other assets, employment) at Government of Nepal, Council of Ministers least restore their livelihoods and dated 2076/08/30 B.S. (December 16, 2019 standards of living to pre- A.D.) displacement levels. 19 2.3 Loss of access Tenants/Leaseholder • No compensation for land for the • CDC will be formed in each district and to private land tenant/leaseholder. compensation rates established by CFC will be • If the land is cultivated by a tenant or provided to the concerned households. leaseholder, compensation will be • Notice to vacate will be served at least 35 days paid for standing crops and trees as prior to acquisition. indicated in item 3.1 and 3.2 of the Entitlement Matrix. • Cash payment for loss of net income for portion of land affected for the remaining leased/assigned period. • They will be eligible for resettlement allowance. 2.4 Temporary loss Titleholder • The land will be returned to the owner at the of private land end of temporary acquisition, restored to its • Compensation for crop, land original condition. productivity and other property losses • The land will be returned to the owner at the for the duration of temporary end of temporary acquisition and to restore the occupation. land to the original condition, works that were • Compensation for other disturbances agreed with the land owner will be adhered. and damages caused to property. • A lease contract will be signed with the • Proponent to negotiate a lease affected landowner, specifying: agreement on the lease rate with the - Lease period owner for temporary acquisition of land. - Annual inflation adjustments; • Land should be returned to the owner - Frequency of payment; and at the end of temporary acquisition period, restored to its original - Land protection and rehabilitation measures. condition or improved as agreed with owner. 3. Other privately owned resources 3.1 Loss of non- Titleholder/Other • Advance notice for harvesting the perennial crop evidence of crop. • Crop market values and production losses will ownership • Net value of crops where harvesting is be determined by the CFC. not possible. 20 • Such crop valuation will be based on prevailing market price and in consultation with local stakeholders or concerned government agencies. 3.2 Loss of Titleholder /Other • Advance notice for harvesting the privately owned evidence of crop. • Crop market values and production losses will trees and ownership • Net value of crops where harvesting is be determined by the CFC perennial crops not possible. • Such valuation will be based on prevailing • Compensation for future production market price and in consultation with local losses, based on 5 years annual net stakeholders or concerned government production for fruit/fodder trees and 3 agencies. years annual net production for • The proponent will assist the affected owners timber/fuel wood trees and other and communities with the reestablishment of perennial crops. new trees and other perennial crops. • Right to all other resources from privately owned trees. 4. Community structures and resources 4.1 Community Local community • Community buildings and structures • Restoration of affected community structures building and include: schools, temples, health to at least previous condition, or replacement in structures posts, tube-well, dug-well etc. areas identified in consultation with affected communities. 4.2 Tree/Plants CFUGs or local • Assistance for plantation. • The proponent will assist communities in community • Restoration of access to community coordination of GON line agencies (District resources. Forest Office, District Agriculture Education Center) and CFUGs for plantation 5. Resettlement Support 5.1 Displacement Titleholder/Tenant • Housing displacement allowance for • Displaced families will get a house rent of household loss of own residential facility for six months. accommodation. • House rent allowance will be determined by the • Dislocation allowance CFC • Transportation allowance • Transportation allowance for transportation of goods and material will be provided at the rate of twenty thousand rupees per household. 21 • Dislocation or disturbance allowance will be paid to minimize the impacts. where either 1. Crops, trees or other form of livelihood needs to be re/established or 2. If house needs to be rebuilt, then additional house rent allowance for six months will be provided, which will be determined by the committee to be headed by the CDO. 6. Land Parcels affected by RoW Land use Titleholder/ Easement fee to be paid as per the area of A) With respect to titleholders restriction the land • Identify the affected land parcel based upon the • 20 percent of valuated amount will cadastral map provided by the converned be paid as easement fee if 25 percent Survey Office or less land falls under RoW • Prepare a preliminary list of landowners by • 25 to 50 percent of the land under identifying and verifying the ownership of the RoW- 30% of the valuated amount land as mentioned in the records of the • Above 50 to 75 percent of the land concerned Land Revenue Office. under Row-40% of the valuated • Upon receiving the details of the project amount affected land, a land acquisition notice should • Above 75 percent and above land be published based upon the valuation decision under RoW 50% of the valuated made by the, Chief District Officer of the amount concerned district, representatives of Survey and Land Revenue Office and representatives of other concerned bodies. Non-title holders who are • 20 percent of valuated amount will Identification of non-title holders (long term users long term users of the be paid as easement fee as per the of the land including the tenants)1. land decision made by the Government of Nepal, Council of Ministers • Determine the basis of qualification for dated 2076/08/30 B.S. (December receiving compensation and other assistance. 16, 2019 A.D.) • Based upon recommendation from the concerned local body families who are long term users of the land should be identified. 1 Households and famililes that have settled in or have made use of (government, public or forest cleared land) for at least 10 years or more (Definition of informal settlers adapted from Land Act (8th Amendment) 2020. 22 • Additional assistance as listed below will be provided to households whose 25 percent land will be affected leading to loss of economic opportunities • A minimum of 10 percent of the valuated amount of the affected parcel or Rs. 20,000, whichever more. • This additional assistance to non- titleholders for economic loss is not intended to create a case of precedent for any other transmission line projects in Nepal. 23 7. Grievance Redress Mechanism There will be a three-tier mechanisms to address grievances arising during the project implementation period. At the ground level: Grievance Redress Cell, GRC At the division level: Grievance Redress Committee, GRCe At the highest level: Grievance Committee, GC 7.1 At the ground level: Structure of Grievance Redress Cell, GRC 1. Division Chief (Grievance Redress Officer/GRO) 2. Nepal Electricity Authority, Social Focal Person 3. Environment and Social Monitor (ESMU) � Role and responsibilities of Grievance Redress Cell • To register grievances received from the lower level (both verbal and written) and carry out an intial assessments of the grievances. • Verify grievances registered by the complainant • If possible, in order to resolve the issue within 7 days discussion should be carried out with the complainant at the local level If the issue cannot be solved, the grievance should be forwarded to the second tier with necessary documents • Provide a response to all complainant irrespective of the result • If the complainant is not satisfied with the resolution, he/she/ may submit a review application in the second tier. 7.2 At the division level: Structure of Grievance Redress Committee, GRCe 1. Division Chief (Grievance Redress Officer/GRO) 2. Nepal Electricity Authority, Social Focal Person 3. Environment and Social Monitor (ESMU) 4. Elected ward representative of municipality/rural municipality 5. Representative of a concerned government body and other concerned institutions and stakeholders (as per necessity). 24 � Role and responsibilities of Grievance Redress Committee • To review grievances sent by the first tier and to inform about the decision to the concerned party within 15 days from the date of registration of grievance • In case the problem is not resolved in this tier, the Grievance Redress Committee will escalate such grievances to the third tier • Provide responses to all grievances irrespective of the result • If the complainant is not satisfied with the decision, the complainant may register his/her grievance to the third tier from along with required documents. 7.3 At the highest level: Structure of Grievance Committee, GC 1. Project in-charge 2. Unit head of Nepal Electricity Authority, Environment and Social Studies Department 3. Division Chief 4. Representative of District Administration Office 5. Elected ward representative of municipality/rural municipality 6. Representative of a concerned government body and other concerned stakeholders (as per necessity). � Role and responsibilities • To review grievances sent by the second tier and to inform about the decision to the concerned party within 25 days from the date of registration of grievance. • If the complainant is not satisfied with such a decision, he/she may seek legal recourse The monthly report of grievance management will have to be submitted to the central level social focal person 25 7. Stakeholder Consultation and Information Disclosure To manage the RoW resettlement planning and implementation the project has taken a simplified approach on stakeholder consultation considering the project situation and the timeframe. Stakeholder engagement during RAP preparation was limited to public notices of affected land parcels, a process of verification with individual PAH’s and a GRM process established specifically for affected families or stakeholders to come forward with any complaint stakeholders. However, RAP consultation will occurred during the first stage of RAP implementation. The project will carry out project wide information dissemination and stakeholder consultations with key stakeholder to ensure they are informed and are provided a space to provide feedback on the process and package described in revised RAP. Key stakeholders for the project include the following: • All PAFs • Project beneficiaries • Elected representatives, community leaders and representatives of community based organizations • Local NGOs • Local government and relevant government agency representatives The RAP and executive summary in Nepali will be publicly disclosed. The availability of the RAP, the location and times of public meetings, and the means by which people can submit their suggestions (and grievances) will be announced in following ways: ▪ Public notice in local government offices, ward offices, in public spaces such as schools, health center, community buildings, ▪ During Public meetings in communities along the TL ▪ On the project website, and on the websites of the affected local government ▪ Announcement through the local community FM ▪ Paper copies of project information booklets that explains the RAP will be kept in local government offices and public spaces ▪ In letter sent to affected people In addition to information dissemination activities, Project will organize different types of consultation meetings and engage in direct one-to-one consultations with people that will be directly affected by the project. Detailed consultations will be held with people living in the project areas to discuss the inventory and verification of their losses and their assets that are affected. To ensure effective consultation the project will: • Publicize RAP implementation procedure particularly the entitlement matrix and the GRM through different channels and tools in local languages. • Convene meetings with PAFs and other stakeholders. Systematically record discussions and feedbacks received during the meetings. • Language, timing and location of the meetings will be decided considering access to different vulnerable groups particularly women and other marginalized groups. • Establish functional GRM procedure with representatives of affected community 8. Implementation Arrangement The overall responsibility of implementation of RAP will be with the Project. The following table lists the key actors and their roles in implementation of the RAP. Table 6: Key actors, Functions and Roles Key Actors Functions/Roles Remarks NEA/Project Project head office is responsible for overall In coordination with Head office implementation. The team will include one Division offices and Social expert to support the project in overall ESMU at site. coordination and implementation of RAP activities NEA/ Planning, supervision and internal monitoring of In close coordination Environment social safeguards programs; implementation, with the Project and Social supervision and progress reporting of field office at field Studies works (ESMU) Department (ESSD) Project Division Planning and implementation of Project Three Division offices office construction and RAP and reporting. The team set up for the project will closely work with ESMU, CFC and local at site government agencies for implementation of RAP activities. Environment Day to day planning and implementation of project Three ESMU set up for and Social construction and safeguard activities and each Division Management progress reporting on a regular basis. ESMU to offices. Unit work on all safeguard related issues in all stages (ESMU) with the project team at Division Offices CFC The CFC is chaired by the Chief District Officer Will work in close and is the main body with legal stand which coordination with determines the rates of compensation in other actors of GRM consultation with PAFs and local stakeholders. viz ESMU/ CFC will also be responsible to address all HDDTLP and LCF. issues/ grievances relating to land and property acquisition, compensation, resettlement and rehabilitation. Table 7: Tasks and responsibilities in implementation of RAP S.N. Tasks Responsibility Timing Remarks 1. Identification of structures / land Each Division Chief in Before start of the stringing work. Almost all the structures and land parcels under parcels under RoW and coordination with the DSO RoW have been identified, except at community ownership details. and DLRO. resistance area. (Title-holders) 2 Identification of structures / land Each Division Chief in Before start of the stringing work. All the structures built and land parcels under RoW, parcels under RoW coordination with the DSO, which fall under non-title holder category, have (Non-title holders) DLRO and local government been identified. (Municipality, RM). 3 Verification and Publication of Project Manager in coordination Before start of the stringing work. The notice has been published for the identified notice for title-holders’ land with the Division Offices land/ structures, except at community resistance /structures area. 4 Valuation of structures and land parcels Each Division chief in Before start of the stringing work. The valuation of land and structures under RoW has under RoW. coordination of been completed in …… districts. Compensation Fixation Valuation of trees underRoW which Committee (CFC). need to be cut down and damaged crop. 5 Informing to the respective Each Division chief in After valuation of structures and land land/structure owners about the coordination of local parcels, under RoW compensation/easement amount government (Municipality, and others. RM, Ward offices). 6 Collection and documentation of Each Division chief in Before, during and after distribution Other administrative staffs from head office & grievances received from the coordination of ESMU and of compensation/ easement staffs from ESMU will assist the respective PAFs during distribution of local government. amount. division chief and division. There is no compensation/ easement amount necessary other social team from outside to carry out desired task. 7 Collection of authentic documents Each Division chief in Prior to the distribution of Other administrative staffs from head office & (ownership certificate) and bank coordination of affected compensation/easement amount. staffs from ESMU will assist the respective account number from the HHs and local government division chief and division. There is no respective owners of land and (Municipality, RM, Ward necessary other social team from outside to structures. offices). carry out desired task. 8 Verification of authentic documents Each Division Offices in Prior to the distribution of Other administrative staffs from head office & collected from the land/structure coordination with the DSO compensation/easement amount. staffs from ESMU will assist the respective owners. and DLRO. division chief and division. There is no necessary other social team from outside to carry out desired task. 9 Preparation of cheque of the amount Account Officer of HDI Project After verification of documents. to be paid to the respective land/ in coordination of Project structure owners. Manager and Division Chiefs 10 • Payment of compensation/ Account Officer of HDI Project during stringing work. All the payments for individual land owners should easement amount to the in coordination of respective be made through IPS method directly to the respective owners. Division chief. respective owners bank account. It should not • House rent for 6 months and need to come land owners in respective division. materials transportation cost. • Payment of compensation amount for trees under RoW and crop loss. • Payment of additional easement fee(R & R) to the respective land owner under RoW. Table 8 : Implementation Schedule Tasks Responsibility Timing of the Remarks activities 1. Identification of Land Project As soon as Completed. parcel number under alignment is RoW and ownership Consultant finalized. details Verification of usage and ownership of the affected land parcels and structures Identification and verification of non- titleholders. Update list of PAFs. 2. Valuation reports of Project 1-2 months Staggered with affected assets before stringing stringing timetable. works 3. Disclosure of the RAPs Project As soon as it finalized. 4. Payment of compensation Project Before stringing Sufficient time and and R&R for work is support is structures, evacuation initiated. provided to the and land ownership PAF to move to transfer new house. 5. Payment of compensation Project Before stringing for affected trees work is initiated Payment of easement fee to the respective land owner under RoW 6. RAP completion report 2 Project After completion of compensation payments 2 The RAP completion report would provide a final documentation of the compensation process and a record of the actual beneficiaries. Monitoring and Reporting: The project will carry out internal monitoring on a regular basis. Social specialist hired for the project will be responsible for systematic collection of information on the implementation of RAP. Resettlement database will be maintained by the project and monthly reporting will be done of the progress in RAP implementation will be done. Internal monitoring will also be done by the ESSD and ESMU, its field unit. Internal monitoring ensures the following: • Information dissemination and consultation with affected parties • Status of land acquisition and timely payments on land compensation, structures and other assets • Status of outstanding or unresolved resettlement issues • Effectiveness of GRM An Independent Monitor will also monitor implementation of the RAP with a specific focus on the following: • Review and monitor of the implementation of the social safeguard instruments prepared for the project (together with RoW), including but not limited to the SIMF, VCDP, and RAP. The consultant will continuously monitor the physical progress of these action plans and assess the effectiveness of the designed interventions in achieving their stated objectives. • Assess the temporary social impacts related to construction periods including temporary loss of land and crops, potential risks due to influx of labor etc. • Review and assess the adequacy and effectiveness of the stakeholder engagement activities, public consultation and participation during the course of implementation, with the full range of stakeholders, including affected populations; community organizations and civil society organizations operating in the project area. • Review existing Grievance Redress Mechanism, grievances reported, actions taken by the project, redress procedures as well as adequacy of redressal through consultation with affected community and stakeholders. 9. Budget for implementation The following table provides estimated costs for the compensation for land and structures, resettlement assistance package, as well as administrative costs associated with the implementation of supervision of the RAP. The cost required for the implementation of the RAP will be paid through Nepal Electricity Authority's own budget. Table 9: Budget estimate for implementation of RAP Item Units Quantity Total amount(NPR) 1.1 Easement fee for private land (20% of valuated amount) Katha 14180.62 2,670,998,917 1.2 R&R assistance for loss of economic opportunities3 Katha 2,670,998,917 2.1 Compensation for loss of structure4 199 108554978 2.4 Compensation for loss of trees/crops5 4. Special Assistance Package 4.2 Transport allowance (20,000 NRs per PAF) Nobs. 150 3,000,000 4.3 Temporary accommodation/rental allowance and disclocation allowance average monthly allowance of 10,000NRs per family for six months. Nobs. 150 18,000,000 1. Sub Total 5,507,552,812 RAP completion report, Implementation & supervision (Consultations, GRM, Monitoring, etc.) 1% 55075528 Contingency 5% 275,377,641 Grand Total 5,802,005,981 3 Given that the exact impact is not known at this stage, for estimation of R&R assistance for loss of economic opportunity, average cost is calculated by taking 20% of valuated amount for total land under RoW. 4 Actual valuated amount of structures is used. 5 Estimation of cost for loss of trees and crops not included as the impact is not known at this stage.