RP1238 Tarbela 4th Extension Action Plan for Resolution of Pending Resettlement Cases of Tarbela 4th Extension Hydropower Project Cases of Action Plan for Resolution of Pending Resettlement August 2011 Tarbela and Ghazi Barotha Projects (Final Draft) WAPDA MAY 2011 Tarbela 4th Extension August 2011 Action Plan for Resolution of Pending Resettlement Cases of Tarbela and Ghazi Barotha Projects August 2011 WAPDA WAPDA Shahrah-e-Quaid-e-Azam, Lahore, Pakistan. Mott MacDonald, 17-A/1 Zafar Road, Lahore Cantt, Pakistan T +92 (0)42 6662 595 F +92 (0)42 6665 049 , W www.mottmac.com Tarbela 4th Extension Issue and revision record Revision Date Originator Checker Approver Description A 22-04-11 Muhammad Zafar Iqbal Muhammad Iqbal Ch. 1st Draft B 03-05-2011 Muhammad Zafar Iqbal Muhammad Iqbal Ch. 2nd Draft C 26-05-2011 Muhammad Zafar Iqbal Muhammad Iqbal Ch. Final Draft This document is issued for the party which commissioned it We accept no responsibility for the consequences of this and for specific purposes connected with the above-captioned document being relied upon by any other party, or being used project only. It should not be relied upon by any other party or for any other purpose, or containing any error or omission which used for any other purpose. is due to an error or omission in data supplied to us by other parties. This document contains confidential information and proprietary intellectual property. It should not be shown to other parties without consent from us and from the party which commissioned it. Mott MacDonald, 17-A/1 Zafar Road, Lahore Cantt, Pakistan T +92 (0)42 6662 595 F +92 (0)42 6665 049 , W www.mottmac.com Tarbela 4th Extension Content Chapter Title Page 1. Background and Objectives of Action Plan 1 1.1 Tarbela Dam and Ghazi Barotha Projects __________________________________________________1 1.2 Resettlement Impacts, Activities and Outstanding Issues under TDP and GBHP ___________________1 1.3 Brief Description of the Tarbela 4th Extension Project_________________________________________1 1.4 Objectives of Action Plan _______________________________________________________________3 1.5 Action Plan Structure __________________________________________________________________3 2. Resettlement Claim Legacy and Action Plan Coverage 3 2.1 Overview ____________________________________________________________________________3 2.2 Existing Tarbela Dam Claims ____________________________________________________________4 2.3 Existing Ghazi Barotha Claims ___________________________________________________________4 2.4 Resolution of Pending Cases ____________________________________________________________5 3. Implementation Approach and Arrangements 6 3.1 Overview ____________________________________________________________________________6 3.2 The Resettlement Claim Commissioners Resolution Mechanism ________________________________6 3.3 Selection Criterion and Procedures _______________________________________________________6 3.4 Office Establishment and Staffing_________________________________________________________7 3.5 Working Procedures ___________________________________________________________________7 3.5.1 Activation of Social Sciences Branch (SSB) ________________________________________________7 3.5.2 Social Mobilization ____________________________________________________________________7 3.5.3 Revival of Land Acquisition and Resettlement Committee (LARC) _______________________________8 3.5.4 Withdrawal of Cases from Courts _________________________________________________________8 3.5.5 Hearings ____________________________________________________________________________8 3.5.6 Claim Decision _______________________________________________________________________8 3.5.7 Record Keeping ______________________________________________________________________9 3.5.8 Mode of Payment _____________________________________________________________________9 3.6 Implementation Schedule _______________________________________________________________9 4. Cost of Pending Claims and Action Plan Budget 10 4.1 Overview ___________________________________________________________________________10 4.2 Costs of Pending Claims in Various Courts of Law __________________________________________10 4.3 Operating Costs for the Resettlement Claim Commissioners __________________________________11 5. Organisational Arrangements 12 5.1 Action Plan Management ______________________________________________________________12 5.2 Monitoring Arrangements ______________________________________________________________12 5.3 Reporting Requirements _______________________________________________________________12 Appendices 13 Appendix A. Claim Details for Tarbela Dam and Ghazi Barotha __________________________________________14 //// August 2011 Tarbela 4th Extension Abbreviations Acronym Definition GBHP Ghazi Barotha Hydropower Project GBTI Ghazi Barotha Taraqiati Idara GOP Government of Pakistan KPK Khyber Pakhtoon Khwa LARC Land Acquisition and Resettlement Committee MW Mega Watt NGO Non Governmental Organisation NWFP North West Frontier Province Pas Project Affectee PMC Project Monitoring Cell PMU Project Management Unit POE Panel of Experts R&R Resettlement and Rehabilitation Rs. Rupees SSB Social Sciences Branch TDP Tarbela Dam Project WAPDA Water and Power Development Authority //// August 2011 Tarbela 4th Extension Background and Objectives of Action Plan Tarbela Dam and Ghazi Barotha Projects The Tarbela Dam Project (TDP) was constructed on the River Indus in the Khyber Pakhtoon khwa (KPK) Province of Pakistan. The dam construction was completed in 1976 resulting in a reservoir consisting of an area of about 260 square kilometres. Project impacts included land acquisition and resettlement. In the 1990s, the Ghazi Barotha Hydropower Project (GBHP) was designed to generate 1,450 MW of energy. Addressing TDP outstanding resettlement claims was part of GBHP loan conditions. The Environmental and Resettlement Management Plan included an Integrated Rural Development Plan to address project induced impacts and promote long term sustainable development in the project area. A Panel of Experts (POE) for environmental and social/resettlement issues was established. A project NGO “Ghazi Barotha Tarqiati Idara� (GBTI) was established to facilitate resettlement process in a smooth and transparent manner. WAPDA provided funding for its formation in the form of a trust fund with Rs.100 million as seed money. Interest on the fund was utilized to manage its administrative overheads and field operations. Resettlement Impacts, Activities and Outstanding Issues under TDP and GBHP The reservoir of Tarbela submerged 120 villages. About 82,000 acres of land was acquired and 96,000 people were displaced as project affectees. Resettlement Planning for TDP was based on the Pakistan Land Acquisition Act (1894 and its subsequent amendments). The main work related to Tarbela Dam resettlement was completed by the beginning of July 1985. However, many resettlement issues remained unsettled. To address the outstanding claims, the Tarbela Dam Commission was established in 1998. Through newspaper advertisements, people with claims still outstanding were invited to inform the Commission. Consequently, the Commission received 12,000 applications including 112 applications already pending with WAPDA and 385 applications from tribal areas. The review committee determined that a total of 2,197 farms and 1,282 residential plots had not been compensated despite claimants being entitled to this through the resettlement plan and that 4,089 additional claims for farms and 7,649 for residential plots were justified. On completion of its tenure in 1999, the Commission submitted its conclusions and recommendations with a view to settling the claims of the Tarbela Dam affectees. These were accepted and adopted as the updated inventory of outstanding resettlement claims under Tarbela Dam Project. A series of follow up actions were then passed to GBHP to address. Nevertheless, some Tarbela Dam claims remain outstanding. The GBHP required a total of 4,770 hectares of land to build, 1,180 hectares for the barrage and pond, 2,640 hectares for power channel and 950 hectares for the power complex at Barotha in Attock district of Punjab Province.. About 179 families (involving 899 persons) were relocated. A Resettlement Plan was developed with the objective to improve /restore the standard of living and earning capacity of all affectees. However, its implementation experienced various difficulties, leading to many court cases by both the affectees and WAPDA. Some of these continue outstanding today. Brief Description of the Tarbela 4th Extension Project The Water and Power Development Authority (WAPDA) in Pakistan, through funding by the World Bank (WB), has commissioned a Feasibility Consultant to conduct an environmental and social impact //// August 2011 1 Tarbela 4th Extension assessment in accordance with the Pakistan national permitting process and WB financing guidelines for th the “Tarbela 4 Extension Project� (hereafter referred to as the Project). Pakistan continues to face a severe power deficit. Enhancement of power generation capacity of the Tarbela Dam is one of the cheaper options of power generation available. Therefore, the Project has been planned to produce additional1350 MW electricity by installing three turbines at tunnel No. 4 of Tarbela Dam without affecting water supply for irrigation. The Tarbela Dam is located on the Indus River in the Khyber Pakhtunkhwa (KPK) Province of Pakistan at a distance of about 70 km from the capital Islamabad in both Swabi and Haripur Districts. The salient features of the proposed Project are set out in the table below. th Table 0.1: Salient Features of the Tarbela 4 Extn. Project Parameter Detail Tunnel 4 Location Tunnel 4 runs from the intake and through the right abutment of the dam for approximately 900m. The downstream control structure is connected to the tunnel at the portal in the rock face. The control structure is located between the foot of a steep slope to the west and the tunnel No.3 control structure to the east. Purpose Irrigation releases when reservoir level below the spillway level Type Concrete/Steel Lined Cross Section Circular 13.7 m – 11 m Length 914 m Outlet Type Flip Bucket Intake Level 353.6 m at Invert Design Flow 2000 m3/s Proposed Powerhouse Location Location B-1 was chosen as the site for the powerhouse Type of Turbine Vertical Francis Turbine Number of Units 3 Unit Generator Rating 450 MW Total Generating Capacity 1,350 MW Type of Generator Vertical Shaft Umbrella Generating Voltage 18 kV or 20 kV Turbine Centre Line Level 327.6 m Annual Energy 2,809 GWh Tailrace Channel Length Water flows directly from turbines to Ghazi Barotha head pond Type Not available Tailrace Water Level Between EL 344.1 m and 335.3 m Penstock Connection to Tunnel 4 Type of Penstock Steel, probably concrete encased and buried Source: T4CJV The main construction site would be at Tunnel 4 and areas directly adjacent to construction material storage places, excavated material dumping sites, borrow areas, vehicles and other machinery parking areas would be located. WAPDA owns the land where the Project activities will take place and the //// August 2011 2 Tarbela 4th Extension infrastructure built. The land is currently uninhabited and has low productivity value. The land required for expanding the switchyard and upgrading the access roads is also unused. The proposed Project has no resettlement and rehabilitation issue and minimal environmental and social adverse impacts. However, to make the Project socially acceptable and beneficial for the local communities some enhancement measures have been included in the Project design. Resolution of pending resettlement and rehabilitation issues of Tarbela Dam and Ghazi Barotha projects is a key measure identified. Objectives of Action Plan The present Action Plan has been developed on the basis of a review conducted in August 2010 of the past and the current situation regarding resettlement claims for TDP and GBHP. Results of the review include an analysis of outstanding claims and consultation with a range of claimants and stakeholders. The main objective of this Action Plan is to facilitate a faster process to conclude all land and resettlement related Tarbela and GBHP outstanding cases pending with various courts of law. The current Action Plan is a follow up of the Retrofit Resettlement Action for Tarbela Dam, developed and implemented under GBHP, on the basis of the Commission’s findings and recommendations. This Action Plan is developed specifically for the known outstanding resettlement claims pending with various courts and is not meant to review and address any fresh claim. During the past few decades of Tarbela Dam impacts, the affected population, including these who relocated to the developed resettlement sites, have achieved progress in their livelihoods while some are still experiencing difficulties due to various factors. Part of the profits generated under the Tarbela Hydro Project is allocated to the provincial authority and this fund is expected to help support and improve the general development in the project areas and benefit its population at large, including the affected population. This Action Plan is not meant to address the development challenges and needs of the local population, including the affected population under the old Tarbela Hydropower Project and the Ghazi Barotha Project. However it is aimed at resolving long standing court cases to the possible satisfaction of the affecteees involved in claims. Action Plan Structure This Action Plan identifies arrangements that build on the recommendations of the resettlement legacy assessment report. The Action Plan is structured to present the: resettlement claim legacy and action plan coverage; implementation approach and arrangements; costs of pending claims and action plan budget; and, Organisational arrangements. Resettlement Claim Legacy and Action Plan Coverage Overview This section provides key details of the outstanding claims of the TDP and GBHP. Appendix A provides further details and a full analysis is presented in the Assessment Report on Resettlement Issues for Tarbela and Ghazi Barotha Projects dated March 2011. //// August 2011 3 Tarbela 4th Extension Existing Tarbela Dam Claims As of June 2010 according to WAPDA, there were 40 existing outstanding claims, 27 with District Courts, 10 pending with the High Court Peshawar Circuit Bench at Abbottabad, and three under trial at the Supreme Court/Sharriah Court in Islamabad. Table 0.1Table 0.1 summarises the category and court location for the pending resettlement and grievance cases for TDP. Table 0.1: Distribution of Pending TDP Court Cases by Court of Law Court of Law Category Lower Court High Court Supreme/Sharrih Total Court Compensation 09 03 02 14 Recovery/ - 03 - 03 Overpayment Allotment/ Transfer of 11 01 - 12 plot Land possession 06 - - 06 Others 01 03 01 05 TOTAL 27 10 03 40 Source of data for MMP analysis: WAPDA Resettlement and Legal Cell, Ghazi, July 2010. There are ten TDP cases in the higher courts. These courts are already overburdened with cases of national and provincial interests. Cases of such minor nature may not be given priority by these courts and consequently these cases are likely to be further delayed. Appendix A provides additional details of the 40 pending cases under trial in various courts. The total disputed amount from the Tarbela Dam resettlement claims and related issues was Rs. 182,437,263 as of June 2010. Out of this, Rs. 13,621,218 was claimed by WAPDA in respect of recovery for over payment and an amount of Rs.168,816,045 was by Project Affectees (PAs) against compensation package enhancement, interest and compensation against land. The compensation amounts (requested by the seven affectees) analysed are individually considered to be small and basically insignificant in magnitude. WAPDA has already deposited its share for potential compensation payments with GoP treasuries through district collectors in Haripur and Mansehra. The compensation amount deposited by WAPDA is invested in various national investment schemes. The affectees will get compensation amount with interest (profit), if decisions are given in their favour by the Court. Existing Ghazi Barotha Claims As of mid July 2010 according to WAPDA, there were 410 pending court cases related to GBHP, 279 cases in Punjab Province and 131 in KPK Province. See Table 0.4Table 0.4 for details. The majority of GBHP outstanding cases are recovery/overpayment claims by WAPDA against PAs, of which 207 (51 percent) are in the Province of the Punjab concentrated in two villages of Attock District. A vast majority of cases (285 or 69.5%) are under trial in lower level District courts. Tables 4.2, 4.3 and 4.4 provide statistics on pending court cases by category, province, claimant and court of law. //// August 2011 4 Tarbela 4th Extension Table 0.2: GBHP Pending Cases by Province and Category Province Category Punjab KPK Total Compensation 61 79 140 Recovery/ Overpayment 207 35 242 Allotment/ Transfer of Plot - 05 05 Land Possession - 03 03 Others 11 09 20 Total 279 131 410 Source of data for MMP analysis: WAPDA Resettlement and Legal Cell, Ghazi, July 2010. Table 0.3: GBHP Pending Claims by Type of Court and Province Courts Province Total Punjab KPK Lower 212 73 285 High 62 44 106 Supreme 05 14 19 Total 279 131 410 Source of data for MMP analysis: WAPDA Resettlement and Legal Cell, Ghazi, July 2010. Table 0.4: Province Wise Distribution of GBHP Pending Cases by Appellants Province Affectees Vs. WAPDA Vs. Affectees Vs. Total WAPDA Affectees, LACs and Affectees Patwaris Punjab 66 212 01 279 KPK 83 34 14 131 Total 149 246 15 410 Source of data for MMP analysis: WAPDA Resettlement and Legal Cell, Ghazi, July 2010. The analysis of pending court cases has already been discussed in our earlier Assessment Report on Resettlement Issues for Taebela and Ghazi Barotha Projects. Resolution of Pending Cases A vast majority (93 %) of the affectees surveyed for the legacy study indicated they were willing to resolve their claims out of court. See details in Table 0.5Table 0.5. Table 0.5: Surveyed Affectees’ Willingness to Resolve Pending Resettlement Issues Out of Court Project and Yes % No % Total Province Number Number Tarbela Dam 4 100 4 Ghazi Barotha 38 93 3 7 41 Punjab 27 96 1 4 28 KPK 11 85 2 15 13 TOTAL 42 93 3 7 45 Source: MMPakistan //// August 2011 5 Tarbela 4th Extension Implementation Approach and Arrangements Overview Various options were discussed to speed up the process to conclude the cases out of court. These options included village Jirga, council of elders, commissioners’ appointment and jointly empowered commission of WAPDA and affectees. After thorough investigation of the complex problem of resettlement claims pending with various courts of law and on the basis of feedback of consultation process, we enunciated a novel approach of “Resettlement Claim Commissioner� for prompt and satisfactory resolution of these issues. This approach is the basis of this Action Plan. Implementation details for this option are presented below with regard to Commissioner’s selection criteria and procedures, office establishment and staffing, working procedures, the grievance mechanism and implementation schedule. The Resettlement Claim Commissioners Resolution Mechanism The mechanism suggested for the resolution of resettlement issues (pending court cases) of Tarbela and Ghazi Barotha is the appointment Resettlement Claim Commissioners, one placed at Hattian and other at Haripur. The mechanism was evolved as an outcome of thematic exercise, literature review and consultation with WAPDA officials, NGOs and project affectees (claimants). The elected Mechanism (Resettlement Claim Commissioners) was prioritized by a vast majority of stakeholders. Moreover, the mechanism is believed to be in line with the philosophy of the World Bank Resettlement Policy. Mechanism is also considers an independent and impartial commission which produce just decisions after hearing both the parties. Selection Criterion and Procedures The selection of two Commissioners would be based on: Senior practicing lawyer / retired judge of High Court/Session Court/retired government official with vast experience in the field of revenue, general administration and having sufficient knowledge of land cases; Having linguistic abilities for the concerned district; Having a reputation for integrity and being honest, and Possessing at least ten years relevant experience, for instance dealing with civil suit cases related to revenue, land or property disputes. The WAPDA Legal Advisor will be responsible for approaching candidates and advertising the positions to shortlist a reasonable number of competent candidates. An interviewing panel involving a team of three members (for instance a representative of WAPDA, a representative of Ministry of Water and Power, and Registrar, Peshawar High Court Bench, Abbottabad). The panel will interview the short listed candidates to select the two appropriate candidates. The selection of the candidates would be approved by the Ministry of Water and Power. WAPDA will appoint two Commissioners and enter into an eight month agreement with them. //// August 2011 6 Tarbela 4th Extension Office Establishment and Staffing Offices of Resettlement Claim Commissioners will be established at Hattian (probably in the premises of GM office GBHP) and Haripur. WAPDA would provide office space with furniture and fixture and will be responsible for utility expenses. Each Commissioner will be supported by social mobilisation staff, a record keeper and an attendant along with security arrangements by WAPDA. Working Procedures It is anticipated that the working procedure will consist of social mobilisation, the organisation of hearings, the signing of applications to withdraw pending court claims, decision making by the Commissioners and payments. These are discussed in more detail below. : Activation of Social Sciences Branch (SSB) Social Sciences Branch(SSB) of WAPDA will be reactivated to provide momentum to the activities of the commissioners by mobilizing the claimant for the withdrawal of cases from the courts, reaching an agreement with claimants for cases with drawl and resolves these cases by adopting commissioners mechanism. Social mobilization teams will be organized keeping in view the number of claimant to be consulted and spread of claimants. Social Mobilization Social mobilization will be necessary to approach affectees involved. The social mobilization team will consist of experts, with rich experience working with rural communities and grievance redress to be selected from SSB of WAPDA. Head of the SSB will lead the Social Mobilization Team. Social Mobilization Teams will obtain complete record of claims, lying within their respective area of operations, from Legal Branch of WAPDA. After receiving the record teams will formulate a detailed schedule of mobilization under the leadership the head of SSB. Mobilization will consist of two phases. During first phase, teams will survey the area and will inform the claimant about their purpose of visit, exchanging general information regarding the resolution activities and intended negotiation and resolution process. The first phase mobilization visits will also involve leaving a brochure which describes the objectives of the Resettlement Claim Commissioners resolution mechanism, the main steps involved in organising a hearing to explain the proposed mechanism, its intention, setup, procedures and operating principles as well as the pros and cons vs the traditional court approach..In the second phase mobilisation will include more detailed consultation with claimants over the pros and cons, advantages and disadvantages of the proposed faster approach vs the court approach. The team will explain the options and work with the claimants for their thorough understanding. The team will help reach a decision over the options and for withdrawal of cases from the courts. The consultation process may be conducted at village common place (mosque, school or any meeting place). It is recommended that simple cases that are likely to be resolved quickly be dealt at the beginning for the teams to gather experience of negotiation process. Mobilization teams will seek the cooperation of local communities or the successful completion of their task. //// August 2011 7 Tarbela 4th Extension Revival of Land Acquisition and Resettlement Committee (LARC) Land Acquisition and Resettlement Committee (LARC) will be revived, LARC will also include two additional members, apart from its regular body, representing horizontal (bonding) and vertical (bridging) social capital from affected villages. Inclusion of these members will strengthen the LARC. The revival of LARC will be beneficial for the efficient and prompt functioning of the resolution mechanism as the organisation has the experience of Implementation of resettlement plans of Tarbela and Ghazi Barotha Projects. The LARC will play an advisory function and assist the social mobilization team. LARC will report to the Team Leader of the Social Mobilization Team. It will perform the following tasks. Resolutions of problem encountered by social mobilization teams during mobilization process. Facilitation to social mobilization process in reaching at an informal agreement for withdrawal cases from courts and developing consensus among both the parties. Conducting joint meetings with claimants and social mobilization teams in collaboration with SSB to resolve grievances at the possible extent at claimants door steps prior to withdrawal agreement. LARC will hold such meetings twice a month in the affected villages at common places such as mosque or school. Withdrawal of Cases from Courts On successful mobilization and reaching on consensus, the cases will be referred to Legal Branch of WAPDA at Ghazi for withdrawal, which will prepare withdrawal document (application) complying the court procedure. The withdrawal document will also include the condition of acceptance of commissioners’ decision by both the parties (WAPDA and claimant). Hearings After withdrawal the cases will be referred to commissioners for hearing and decision. One of the first tasks to be completed by the Resettlement Claim Commissioners upon appointment will be deciding on the accepted hearing format or formats (claims involving group actions may have a different format than that involving individuals). The format agreed upon will identify the amount of time each side has for present their case, and the amount of time the Resettlement Claim Commissioners have for announcing their decision. It is anticipated that one sitting with no more than multiple days be allowed. In principle, both sides will require equal opportunity and time to present their evidence and claims. All claimants will be informed of the process so they can properly prepare. All claimants, in particular project affectees, will be allowed to invite a personal representative to help present their claim request and negotiate with or on their behalf. The hearing will be presided over by the Resettlement Claim Commissioner and follow the agreed format. The minutes of hearings will be prepared by the assistants of commissioners. Claim Decision After withdrawal from courts the cases will be referred for decision..Commissioner will give his decision after hearing. Each case will be decided in a single hearing to avoid further delay In the absence records or record gaps, verbal evidence will be given sufficient merit for case decisions The hearing environment will be kept democratic and friendly rather than traditional court atmosphere. Each commissioner will decide at //// August 2011 8 Tarbela 4th Extension least five cases during a week. The decision of the Commissioner will be considered final and will not be challengeable in any court of law or authority. Record Keeping Commissioners will prepare the summary of each decision and maintain documentation of pending cases at their office. Copies of all decisions will be sent to the Legal Branch of WAPDA. Every two months the Commissioners will send status reports of pending cases to the Legal Branch of WAPDA. This procedure will help in monitoring the progress and adopting appropriate measures/actions, if required. Mode of Payment Based on the Commissioners’ decisions, within seven working days the agreed amount will be paid through crossed cheque payable at local branches of the bank. Cheques may be delivered by the social mobilization team. The Superintending Engineer, Ghazi Barotha Hydropower Project, Ghazi shall be the Drawing and Disbursing Officer and will be responsible to issue cheques according to the Commissioner’s decision.. Implementation Schedule Recruitment of Resettlement Claim Commissioners, offices establishment and social mobilization teams formation will be completed prior to regular eight month’s schedule during a month mentioned as zero month in the following Schedule. Depending on success levels, the results should be evaluated either internally or externally at the end of the eight months. If more than half are settled an external evaluation is recommended to capture the lessons learned. Commissioners will need to provide an end of contract report on progress, status, challenges and achievements. An eight month implementation period is detailed in the Table below. Table 0.1: Indicative Implementation Schedule for Action Plan Months Activities 0 1 2 3 4 5 6 7 8 1 Recruitment and notification of Commissioners, social mobilization teams formation and support staff arrangement 2 Decision on hearing formatting, schedule of work, production of brochure and other preparations for social mobilisation 3 Social mobilisation to get claimants to agree to attend hearing 4 Preparation of withdrawal agreements to sign at hearing 5 Hearings 6 Decisions by Commissioners 7 Payments related to decisions 8 Evaluation of process //// August 2011 9 Tarbela 4th Extension Cost of Pending Claims and Action Plan Budget Overview The Action Plan budget includes two parts. The first part is the cost of the out of court settlements to be determined by the appointed Commissioners and agreed among the relevant parties. The second part is the operation costs for the functioning of the resolution mechanism, namely the Commissioner option. These are detailed below. Costs of Pending Claims in Various Courts of Law The maximum amount of compensation claims required for the outstanding cases with various courts of Laws related to TDP is Rs.168.816 million claimed by affectees versus WAPDA. The amount claimed by WAPDA versus affectees was Rs. 13.621 million. The total amount of claims currently pending in courts pending from TDP is presented in Table 0.1Table 0.1. Table 0.1: Indicative Amount of Pending TDP Claims by Type of Court Claimant District Courts Higher Courts Total (Rs. Millions) (Rs. Millions) (Rs. Millions) Affectees 26.816 142.000 168.816 WAPDA 3.005 10.616 13.621 Total 29.821 152.666 182.437 For GBHP, three sets of outstanding claims have implications for the compensation amount including those dealing with straightforward losses, those dealing with refunds and taxes, and the last, more complicated set dealing with loss of potential investment, land use and damages. For the set of claims from affectees regarding loss of land, property, crop damage, trees and orchards, it is understood from WAPDA that a full (100%) amount of these claims based on the amount at the time of the claim has been set aside into Government Treasury or in the accounts of LAC. They are accruing interest which would go to the awardee along with the principal amount. This amount totals approximately Rs. 652.16 million (Rs. 650.36 million for land and structure and Rs.1.80 million for trees and orchards). A second set of GBHP refers to claims by PAs to refund monies in the form of taxes and fees already spent that they wish to be reimbursed. It is understood that 100% of the required funds to address these cases totalling Rs 69.33 million has also been deposited. It is understood that WAPDA has set aside funding related to these two sets of claims which total approximately Rs721.49 million. A third set of GBHP claims pertains to loss of potential investment from proprietary rights and in other cases for use of mineral extraction, fishing, etc which was not paid in addition to the resource itself. For this set of claims (which are called “reference claims� under 18/1 and 18/30), the original claimed amount for the reference cases has already been deposited in government treasury by WAPDA. There are about 40 reference claims in the Punjab and 39 reference claims in KPK. Details for the various types of claims, compensation amounts and availability of funds are provided in the table below. //// August 2011 10 Tarbela 4th Extension Table 0.2: Indicative Compensation Payment Claims for GBHP No Item Total (Rs. Millions) Comment 1. Land & Structure Compensation (Built up 650.36 WAPDA has money set property) aside for affectee claims 2. Compensation against fruit/ fire wood trees 1.80 WAPDA has money set aside for affectee claims 3. Twenty five percent of total claimed amount for 1019.17 Additional funds needed for compensation related to claims against land use these claims and loss of investment 4. Refund of taxes/ fees 69.33 WAPDA has money set aside for affectee claims Indicative amount for resolving GBHP claims 1740.66 Total costs for resolving TDP and GBHP Claims are provided in the following table.. Table 0.3: Indicative Cost Required for Resolving TDP and GBHP Claims No Item Total (Rs. Millions) Total (US$ Millions) 1 Tarbela Dam Project 168.82 2.01 2 Ghazi Barotha Hydropower 1740.66 20.72 Project Total 1909.48 22.73 Operating Costs for the Resettlement Claim Commissioners An operational budget for the Commissioners and their support team (social mobilizers, record keepers, and attendants) to function for eight months based on the implementation arrangements described in the previous chapter is summarised in Table 4.4. Table 0.4: Operating Cost Estimates for Commissioners No Item Total Rs Total US$ a Commissioners X 2 for 8 months at Rs.250,000/no 4,032,000 48,000 b Office rent, furniture & utility bills X2 offices X8 mo 537,600 6,400 c Social mobilisers – 4 at 50,000/month for 8 months each 1,600,000 19,050 d Social mobilisation expenses - $2000 lump sum each for WAPD 336,000 4,000 e Record keeper (2)and Assistants (2) at Rs. 40000 /month and attendant 1,600,000 19,050 (2) at Rs. 20000/month for 8 mo each f Evaluation (external) costs 840,000 10,000 Contingency1 (15 % of a+b+c+d+e+f) 1,341,840 15,940 Total Operating Cost 10,287,440 122,440 Note: Based roughly on One US$=PK Rupee 84 1 It includes honoraria and out of pocket expenses incurred by two additional members (social capital) suggested to be included in LARC body. However, amount of honoraria shall be determined by WAPDA authority PMU. //// August 2011 11 Tarbela 4th Extension Organisational Arrangements The sections below identify management responsibilities, monitoring arrangement and reporting needs. Action Plan Management The General Manager, Ghazi Barotha Hydropower Project (GBHP) based at Hattian will be responsible for overall implementation of the Action Plan. WAPDA will be responsible for holding any funds provided for settlements. They will also be responsible for managing the operating cost funds and paying salaries of staff in a timely fashion. Monitoring Arrangements Monitoring refers to a time bond process to judge performance in achieving objectives, in this case resolving and reducing the number of claims and disbursing funds to the satisfaction of those involved in the claims. Monitoring will also review the implementation of activities by comparing the allocated budget and actual expenditures. The Commissioners will be responsible for producing bimonthly status reports on activities. The format of these reports will be decided in collaboration with the WAPDA Project Monitoring Cell and the WAPDA Legal Department who will interested in the results. The status reports will include reporting on activities and processes undertaken as well as results. Progress and status of achievement need to be addressed as well as a summary of the challenges that have affected achievement. At month eight, the Commissioners will both present end-of-contract evaluation reports regarding activities undertaken and completed. Each evaluation report should include at least a half page summary of issues addressed or which were attempted to resolve. The discussion should provide documentation of the actions and efforts made, regarding “successes and “Failures� of the plan. Reporting Requirements WAPDA will forward a midterm report (based on the Commissioner’s month four reports) and final report (based on the Commissioners’ end of contract reports) to the World Bank. //// August 2011 12 Tarbela 4th Extension Appendices Appendix A. Claim Details for Tarbela Dam and Ghazi Barotha __________________________________________14 //// August 2011 13 Tarbela 4th Extension Appendix A. Claim Details for Tarbela Dam and Ghazi Barotha Status of Pending Court Cases Classified by Appellant, Court of Law and Duration of Cases for Tarbela Dam Project Appellant Court of Law Duration High Court Supreme WAPDA Affectees Peshwar Court/Fede Affectees Lower 1995- Category vs vs and Bench ral Shriah 2000-2005 2006-2010 Total vs WAPDA Courts 1999 Affectees Affectees at Court Abbotabad Islamabad # % # % # % # % # % # % # % # % # % Compensation 11 78.6 3 21.4 – – 9 64.3 3 21.4 2 14.3 – – 3 21.4 11 78.6 14 Recovery/ – – 3 100.0 – – – – 3 100.0 – – – – – – 3 100.0 3 Overpayment Allotment/ 12 100.0 – – – – 11 91.7 1 8.3 – – – – – – 12 100.0 12 Transfer of Plot Land 2 33.3 3 50.0 1 16.67 6 100.0 – – – – – – 5 83.3 1 16.7 6 Possession Others 1 20.0 2 40.0 2 40 1 20.0 3 60.0 1 20.0 – – 2 40.0 3 60.0 5 Total 26 65.0 11 27.5 3 7.5 27 67.5 10 25.0 3 7.5 – – 10 25.0 30 75.0 40 1 of 4 //// August 2011 14 Tarbela 4th Extension Status of Pending Court Cases Classified by Appellant, Court of Law and Duration of Cases for Ghazi Barotha Hydropower Project (GBHP) Appellant Court of Law Duration Supreme High Court (Lahore, Affectees Court/ Affectees WAPDA vs Lower Peshwar, Bench at 1995- Category vs Federal 2000-2005 2006-2010 Total vs WAPDA Affectees Courts Rawalpindi and 1999 Affectees Shriah Court Abbotabad) Islamabad # % # % # % # % # % # % # % # % # % Compensation 126 90.0 1 0.714 13 9.3 66 47.1 65 46.4 9 6.4 4 2.9 57 40.71 79 56.4 140 Recovery/ 4 1.7 237 97.93 1 0.4 199 82.2 39 16.1 4 1.7 – – 189 78.1 53 21.9 242 Overpayment Allotment/ Transfer of 5 100.0 – – – – 5 100.0 – – – – – – – – 5 100.0 5 Plot Land 1 33.3 1 33.33 1 33.3 3 100.0 – – – – – – 1 33.33 2 66.7 3 Possession Others 13 65.0 7 35 – – 12 60.0 2 10.0 6 30.0 2 10.0 5 25 13 65.0 20 Total 149 36.3 246 60 15 3.7 285 69.5 106 25.9 19 4.6 6 1.5 252 61.46 152 37.1 410 2 of 4 Note: Others include theft cases seniority dismissal cases on the part of WAPDA and issuance of gate pass, declatory suit, leasing rights of fisheries, dispute over record etc on the part of affectees. _ Nil //// August 2011 15 Tarbela 4th Extension Status of Pending Court Cases Classified by Appellant, Court of Law and Duration of Cases for Ghazi Barotha Hydropower Project (Punjab) Appellant Court of Law Duration Supreme Court/ Affectees vs WAPDA vs Affectees vs Lower High Court (Lahore, 1995- 2000- 2006- Category Federal Shriah Total WAPDA Affectees Affectees Courts Bench at Rawalpindi) 1999 2005 2010 Court Islamabad # % # % # % # % # % # % # % # % # % Compensation 60 98 – – 1 2 18 30 43 17 – – – – 35 57 26 43 61 Recovery/ 1 0.5 206 99.5 – – 188 91 19 8 – – – – 182 88 25 12 207 Overpayment Allotment/ – – – – – – – – – – – – – – – – – – – Transfer of Plot Land – – – – – – – – – – – – – – – – – – – Possession Others 5 45 6 55 – – 6 55 – – 5 45 – – 1 9 10 91 11 Total 66 23.6 212 76 1 0.4 212 76 62 22 5 2 – – 218 78 61 22 279 3 of 4 Note: Others include theft cases seniority dismissal cases on the part of WAPDA and issuance of gate pass, declatory suit, leasing rights of fisheries, dispute over record etc on the part of affectees. _ Nil //// August 2011 16 Tarbela 4th Extension Status of Pending Court Cases Classified by Appellant, Court of Law and Duration of Cases for Ghazi Barotha Hydropower Project (KP) Appellant Court of Law Duration Supreme High Court (Lahore, Affectees Court/ Affectees WAPDA vs Lower Peshwar, Bench at 1995- 2000- 2006- Category vs Federal Shriah Total vs WAPDA Affectees Courts Rawalpindi and 1999 2005 2010 Affectees Court Abbotabad) Islamabad # % # % # % # % # % # % # % # % # % Compensation 60 75.9 1 1.3 12 15.19 48 60.8 21 26.6 9 11.4 4 5.1 22 27.8 53 67.1 79 Recovery/ 3 8.6 31 88.6 1 2.857 11 31.4 20 57.1 4 11.4 – – 7 20.0 28 80.0 35 Overpayment Allotment/ Transfer of 5 100.0 – – – – 5 100.0 – – – – – – – – 5 100.0 5 Plot Land 1 33.3 1 33.3 1 33.33 3 100.0 – – – – – – 1 33.3 2 66.7 3 Possession Others 8 88.9 1 11.1 – – 6 66.7 2 22.2 1 11.1 2 22.2 4 44.4 3 33.3 9 Total 83 63.4 34 26.0 14 10.69 73 55.7 43 32.8 14 10.7 6 4.6 34 26.0 91 69.5 131 4 of 4 Note: Others include theft cases seniority dismissal cases on the part of WAPDA and issuance of gate pass, declatory suit, leasing rights of fisheries, dispute //// August 2011 17 Tarbela 4th Extension //// August 2011 18