Detailed Project Report. Devitar-Phulasi-Pokhari Road Subproject Ramechhap

Transcription

1 Government of Nepal Ministry of Federal Affairs and Local Development Central Level Project Implementation Unit Earthquake Emergency Assistance Project Lalitpur, Nepal Earthquake Emergency Assistance Project (ADB Loan 3260-NEP) Detailed Project Report Devitar-Phulasi-Pokhari Road Subproject Ramechhap Section III: Social Safeguard Volume 2: Revised Resettlement Plan September, 2017 Prepared by: Central Implementation Support Consultant (CISC) AF-Iteco Ltd. Switzerland Ekantakuna, Lalitpur

2 Table of Contents ABBREVIATION... I GLOSSARY OF TERMS... II EXECUTIVE SUMMARY PROJECT DESCRIPTION Scope of Land Acquisition Losses of Structure Losses of Trees, Standing Crops SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATION, DISCLOSURE GRIEVANCE REDRESS MECHANISMS RESETTLEMENT POLICY AND LEGAL FRAMEWORK Nepal Government Applicable Legal and Policy Framework ADB s Involuntary Resettlement Policy Requirement ENTITLEMENTS, ASSISTANCE AND BENEFITS RELOCATION OF HOUSING AND SETTLEMENTS Valuation and Compensation Determination INCOME RESTORATION AND REHABILITATION PROGRAM RESETTLEMENT BUDGET Compensation for land Compensation for structures Compensation for standing crops Compensation for trees Other Supporting Cost Total RP Cost Estimate of Devitar-Phulasi Pokhari Road Subproject INSTITUTIONAL ARRANGEMENTS IMPLEMENTATION SCHEDULE MONITORING AND EVALUATION... 38

3 APPENDICES Appendix I: List of Affected Households Appendix II: Poverty Analysis of Interviewed Households Appendix III: Details on Land Compensation Estimation Appendix IV:Details on Structure Compensation Estimation Appendix V: Details on Private Trees Compensation Estimation Appendix VI: Details on CFUG Trees Compensation Estimation Appendix VII: Details on Bamboo Clumps Compensation Estimation Appendix VIII: Details on Crop Compensation Estimation Appendix IX: Nepali Summary Appendix X: Entitlement Matrix for Resettlement Plan under EEAP Appendix XI: Meeting Minutes Appendix XII: ADB Comments..39 ii P a g e

4 List of Tables Table 1: Land required by the Subproject... 9 Table 2: Summary of Land Loss... 9 Table 3: Structure Losses along the Alignment Table 4: Affected Trees by the Road Alignment Table 5: Summary of Affected Households by the Subproject Table 6: Food Sufficiency and Income level of the Affected Households Table 7: Poverty Level of the Affected Households Table 8: Key Difference between ADB Policy and GoN Table 9: Details of Land Rate of the Affected Plots..29 Table 10: Labor Requirement for Cutting and Transportation of Trees Table 11: Summary of Harvesting and Transportation Cost of the Affected Trees Table 12: Budget for Resettlement Plan Implementation Table 13: RP Implementation Schedule for Devitar-Phulasi-Pokhari Road Subproject... 36

5 ABBREVIATION ADB AP(s) CDC CDO CFUG CoI CLPIU DCC DLPIU DLRO DMS DISC DSO DTO EA EEAP FGD GESI GoN GRM Ha HHs IA IR LRO LEST MoFALD NRA NRs RF RoW RP SPS SPAF sqm VDC The Asian Development Bank Affected Person(s)/People Compensation Determination Committee Chief District Officer Community Forest Users Group Corridor of Impact Central Level Project Implementation Unit District Coordination Committee District Level Project Implementation Unit District Land Revenue Office Detailed Measurement Survey District Level Implementation Support Consultant District Survey Office District Technical Officer Executing agency Earthquake Emergency Assistance Project Focus Group Discussion Gender Equality and Social Inclusion Government of Nepal Grievance Redress Mechanism Hectare Households Implementing Agency Involuntary Resettlement Land Revenue Office Livelihood Enhancement Skills and Training Ministry of Federal Affairs and Local Development National Reconstruction Authority Nepalese Rupees Resettlement Framework Right of Way Resettlement Plan Safeguard Policy Statement Severely Project Affected Family Square meter Village Development Committee I P a g e

6 GLOSSARY OF TERMS Affected Persons All persons who as of the cut-off-date stand to lose for the project all or part of (APs) their land or other assets, irrespective of legal or ownership title. Cut-off Date Legalizable Non-titled Poverty Line The date of census survey to count the APs and their affected land and assets. Those who do not have formal legal rights to land when APs are recorded, but could claim rights to such land under the law of Nepal. Those who have no recognizable rights or claims to the land that they are occupying. SPS defines them as illegal inhabitants; termed as squatters or encroachers. However illegal inhabitants as per law of Nepal will be excluded from non-titled. The level of income below which an individual or a household is considered poor. In Nepal, national poverty line is based on a food consumption basket of 2,124 calories and an allowance for non food items of about two thirds of the cost of the basket which was first measured in 2004.The latest poverty line reference was calculated by Nepal Living Survey Standard 2010/11. The 2010/11 survey stated NRS 16551/ as poverty level for Rural Eastern Hills. According to Whereas this poverty level may vary in accordance to district. The current poverty level used for calculating Ramechhap district is NRS /, estimated by adding 30% inflation rate in the value of 2010/11. The determination of poor households or persons will be based on the census and socio-economic survey and further confirmed by community meetings. Project Affected Family Severely Project Affected Family/People (SPAF) Titled Third Party Vulnerable Group Women-headed household A family consisting of APs, his/her spouse, sons, unmarried daughters, daughters-in law, brothers or unmarried sisters, father, mother and other legally adopted members residing with him/her and dependent on him/her for their livelihood. A Project Affected Family that is affected by the project such as: a. There is a loss of land or income such that the affected family fall below the poverty line; and/or b. There is a loss of residential house such that the family members are physically displaced from housing. APs who have formal legal rights to land, including any customary of traditional rights recognized under the laws of Nepal. An agency or organization to witness and/or verify no coercion clause in an agreement with APs in case of voluntary land donation. One independent agency (i.e. not involved in project implementation), preferably working on rights aspect, will be recruited in each development region to serve this function. Distinct group of people or persons who are considered to be more vulnerable to impoverishment risks than others. The poor, women-headed, Dalits and IPs households who may or may not fall below poverty line including all other APs who fall below poverty line will be counted as vulnerable APs. Household headed by women, the woman may be divorced, widowed or abandoned or her husband can be working away from the District for long periods of time, where the woman takes decision about the use of and access to household resources. II P a g e

7 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap EXECUTIVE SUMMARY 1. This Resettlement Plan (RP) has been prepared for the Devitar-Phulasi-Pokhari Road Subproject, Ramechhap district under the Earthquake Emergency Assistance Project (EEAP). The major objective of the EEAP is to restore and reestablish the use of earthquake damaged infrastructures within existing facilities and rights-of-way (RoW) with minimal or no land acquisition. This RP is prepared following Resettlement Framework of EEAP and in accordance with Government of Nepal Land Acquisition Act 2034, The Reconstruction Related Act 2072 and its Working Procedures 2072, and ADB Safeguard Policy Statement The objectives of the RP are to ensure adequate safeguard measures and appropriate entitlements are provided to affected persons wherever involuntary resettlement is observed. The RP explains process adopted for the preparation of the resettlement plan impacts due to construction of road, mitigation measures and implementation arrangement. 3. The RF will guide the preparation of resettlement plans during the project implementation, according to which EEAP subprojects will avoid or minimize land acquisition and involuntary resettlement wherever possible. In unavoidable situation, the project will ensure the APs rights and they will receive appropriate assistance. 4. APs have been informed and consulted about the involuntary resettlement during the survey of subproject. Special attention has been paid to ensure that the vulnerable groups and the women-headed households receive appropriate assistance. The national laws, regulation, resettlement framework of EEAP and ADB s resettlement safeguard policy have been followed during the planning and preparation of Resettlement Plan. During the survey consultations, none of the household has shown interest to donate their land. Thus all private lands affected under new cutting are subjected to compensation. 5. The total length of the road subproject is km starting from Devitar, ward no 13 of Manthali Municipality and ends at Phulasi Pokhari, ward no 14 of same Municipality under Ramechhap district. The road passes through ward no 13 and 14 of Manthali Municipality in which Sankhebesi, Arubote, Harre, Chinne and Phulasipokhari are major settlements along the alignment. The average width of existing alignment is 5 to 6 meters and the alignment is mostly earthen with stone soling in some sections and this road is proposed to upgrade to all weather gravel standard of District Core Road Network by the District Coordination Committee (DCC), Ramechhap.. 6. The road subproject has decided to acquire land within 10 m Corrodor of Impact (CoI), 5 m on either side from the center. In total, the road requires ha of land to upgrade the road in which total of ha is under private ownership. However, ha of private land is already acquired by the existing road and another ha of additional private land is required for upgrading this road alignment. 7. There are total 262 land plots to be acquired and their deeds need to be transferred in the name of this road. Among the total land plots to be acquired, 225 plots are privately owned, 3 P a g e

8 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 3 plots are public land and 38 plots are non-registered 1. These land plots lack official land ownership in the District Land Survey Office and these plots have no structures, standing crops or trees. A public notice has been published and disseminated among the local people for the review and claim of these land plots in consultation with the LRO and DLPIU. If the people will come up with official claim, then only project will pay compensation of these plots. 8. The road alignment affects 10 private structures with different types and uses belonging to 13 families. But not a single public structure is affected. Among 10 private structures, 3 are slightly affected on their balcony area, other 3 are bamboo huts and sheds, 2 dry walls and 1 residential structure, 1 residence with small business activity. However, in one of these structures, 4 families reside running their small business. 9. Similarly, the road alignment involves cutting trees within the formation width. Total of 297 private trees, 70 from two CFUG trees, 39 from religious trees and 120 private bamboo clumps need to be cleared for road construction. In addition to the trees, standing crops from the private plots are also affected during construction. Although various crops are found in the affected plots, paddy is cultivated in most of the plots. Thus, rice is mainly assumed to be the standing crop and kg of rice is estimated to be lost by the subproject. 10. As verified from cadastral report, 160 HHs of different socio-economic background are affected by the road subproject. In order to assess the project impact on the affected HHs, a census socio-economic and loss assessment survey of the project affected people was conducted. Out of 160 HHs, 110 HHs were present for the interview and rest 50 HHs were found absent in the project area since they are living outside the project area. Among the total interviewed HHs, 10 are Dalits, 48 are Janajati and remaining belong to Brahaman/Chhetri group. Notably, 29 families are headed by female. There is already 5m to 6 m existing alignment and small strip of land is acquired on both sides of road to meet the design standard. The subproject completely follows existing alignment. The improved road promises opening numerous opportunities, subsequently helping to boost economic status of people living along the road corridor. Those who lose land and structures will be paid full replacement cost and other allowances in the form of mitigating measures. 11. In an average, the interviewed families have ha of land which will reduce to ha after subproject intervention. The average food sufficiency of the APs from their own agriculture production is months, which will slightly decrease to months following the implementation of subproject. The interviewed families have both agricultural and non-agricultural sources of income in which the road will adversely affect the agriculture income for temporary period. The average agricultural income of the 110 affected families is NRs annually in the current situation which will decrease to NRs in a year after the project intervention. This shows they will loss NRs in average in a year after the loss of their land to the sub-project. However, the APs major income source is 1 Non registered plots: - Land plots having no official land ownership in the District Land Survey Office, Ramechhap. 4 P a g e

9 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap the non-agricultural sector which holds percent share in the total income that remains unaffected by the sub-project. The APs are involved in small business activities, like running grocery shop, tea shop, clothing store. The other non-agricultural incomes of the interviewed HHs accrue out of remittance, private and government services and wage labor. The APs will be incorporated in Income Restoration and Rehabilitation Training program under RP. 12. The Janajati families shared that they have their own language and traditions. They celebrate Maghe Sankranti, Buddha Jayanti and Loshar as their main festivals in addition to other Hindu festivals. These indigenous APs lose small part of private land plots along the road alignment. However, there is no loss on their cultural resources. Neither the subproject intervention does affect the culture nor harm the identity of the indigenous people along the alignment. 13. The data analysis of the APs shows that there are 38 interviewed HHs who lose more than 5 percent of their total land holding and 55 HHs are found below district poverty level. All the project affected persons to be affected from road CoI (10 m) have requested to be compensated in cash. The APs losing residential buildings have other houses for temporary shifting: Obviously, they are less vulnerable in terms of resettlement. All the structure owners have either enough space in the same plot or beyond the RoW of the road in order to rebuild their houses. Also, the earthquake affected families, living in the temporary sheds, will be resettled in the land beyond RoW enabling them to continue with their business (teashops, grocery shops). 14. The interviewed indigenous APs have same level of access to the education, health and government facilities and market networks compared to the other caste groups. Thus it is expected that they seem enjoying the same level of benefits from this subproject implementation in future. This road will cater to APs better access to all sorts of public utilities: market, education institutions, health centers and government service offices. 15. A well-defined grievance redress and resolution mechanism has been in place so as to resolve grievances and complaints in a timely and satisfactory manner. On the other hand, District Level Project Implementation Unit (DLPIU) is playing equally instrumental role to address all kinds of grievances of project affected people. All affected persons are oriented and made fully aware of their rights. Detailed grievance redress procedures have been publicized through an effective public information campaign. First Level of GRM has effectively initiated its tasks at field. 16. During the socioeconomic survey, 110 interviewed HHs have expressed their interest to be the part of the training and benefit from entrepreneurial skills. Among 110 HHs, 68HHs are proposed for the training and priority will be accorded to Dalits, Janajatis, women HH-heads and BPL HHs. Income Restoration Program (IRP) will be designed for the one person per family in age-group. Different categories of trainings are being finalized in the district and the tentative cost of the training program is NRs P a g e

10 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 17. The total cost estimated for implementation of this RP is NRs million in which NRs million is direct compensation amount. The other RP expense title includes deed transfer assistance amount, training amount for APs and 20 percent contingency of the total cost for any unseen expenses during implementation period. 18. The National Reconstruction Authority (NRA) is the executing agency of the project. The Central Level Project implementation Unit (CLPIU) under Ministry of Federal Affairs and Local Development (MOFALD) supported by Central Implementation Support Consultant (CISC) provides overall guide and monitoring of the project activities at central level. District Level Project Implementation Unit (DLPIU) supported by District Level Implementation Support Consultant (DISC) will be responsible to implement overall activities at district. 6 P a g e

11 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 1 PROJECT DESCRIPTION 1. This Resettlement Plan is prepared for the Devitar-Phulasi-Pokhari road subproject of Ramechhap district under the Earthquake Emergency Assistance Project (EEAP). The major objective of the EEAP is to restore and reestablish use of earthquake damaged infrastructures within existing facilities and rights-of-way (RoW) with minimal or no land acquisition. This RP is prepared following Resettlement Framework of EEAP and in accordance with Government of Nepal Land Acquisition Act 2034, The Reconstruction Related Act 2072 and its Working Procedures 2072, and ADB Safeguard Policy Statement The objectives of the RP are to ensure adequate safeguard measures and appropriate entitlements are provided to affected person wherever involuntary resettlement is observed. The RP explains processes adopted for preparation of the resettlement plan impact due to construction of road, mitigation measures and implementation arrangement. 3. The RF will guide the preparation of resettlement plans during the project implementation, according to which EEAP subprojects will avoid or minimize land acquisition and involuntary resettlement wherever possible. In unavoidable situation, the project will ensure the APs rights and they will receive assistance. 4. The National Reconstruction Authority (NRA) is the executing agency of the project. The Central Level Project implementation Unit (CLPIU) under Ministry of Federal Affairs and Local Development (MOFALD) supported by Central Implementation Support Consultant (CISC) provides overall guide and monitoring of the project activities at central level. District Level Project Implementation Unit (DLPIU) supported by District Level Implementation Support Consultant (DISC) will be responsible to implement overall activities at district. 5. The total length of the road subproject is km starting from Devitar, ward no 13 of Manthali Municipality and ends at Phulasi Pokhari, ward no 14 of same Municipality under Ramechhap district. The road passes through ward no 13 and 14 of Manthali Municipality in which Sankhebesi, Arubote, Harre, Chinne and Phulasipokhari are major settlements along the alignment.the average width of existing alignment is 5 to 6 m and the alignment is mostly earthen with stone soling in some sections. This road is proposed to upgrade to all weather gravel standard of District Core Road Network by the District Coordination Committee (DCC), Ramechhap. The road alignment also passes through two community forests and one religious forest. Figure 1 shows the Devitar-Phulasi-Pokhari road alignment. 7 P a g e

12 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Figure 1: Geological map of Devitar-Phulasi-Pokhari road sub-project 6. The existing road is 5 m wide in an average and mostly earthen track. There are few high grade slope sections of stone soling. This alignment will be upgraded into all-weather single lane, gravel-standard road having 10 m CoI (5 m on either side of centreline).the road will be upgraded with 6.25 m formation width in which 3.75 m is carriageway width and 0.75 shoulder on either side. 7. The project team decided to consider this Devitar-Phulasipokhari alignment after DLPIU, Ramechhap proposed it. It s an existing road alignment to be constructed with build better back idea after the earthquake devastating effect. No alternative alignment had to be considered by the technical team. 8 P a g e

13 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 1.1 Scope of Land Acquisition 8. The road subproject involves land acquisition in order to upgrade the existing 5 m width into proposed standard. The total land required for upgrading this subproject is ha in which ha is under private ownership and ha is public land belonging to forest area. However, ha of private land is already acquired by the existing road and thus, ha of private land is needed as new cutting area for the subproject. Table 1 presents the details of affected land to be acquired for the subproject. Table 1: Land required by the Subproject SN Land Requirement within the CoI (10 m) Area in hectare 1. Total Private land Private land under existing area Private land under new cut area Public land Total land area Source: Cadastral Survey, October, Cadastral survey team was mobilized after the detailed design of the subproject. According to the cadastral survey report, there are total 262 land plots to be acquired by the subproject. Among the total land plots, 3 plots belong to government land, 225 plots to private individual and 38 plots are yet to be identified. 10. There are 38 plots which are not verified officially in DSO, Ramechhap. These are considered as non-registered plots in this report. The Surveyor made field verifications, checked the field books and documents at LRO. However, these plots have only the plot numbers but lack other information. A public notice will be published and disseminated to local people for the review and claim of these land plots. These land plots, during household survey, were found uncultivated. 11. The average land holding of affected households is ha which will reduce to ha after land acquisition of the sub project. Out of 110 interviewed affected households, 38 households lose more than 5 percent of total land holding. In average, these households lose 0.031ha for the road subproject. Table 2 summarizes the extent of land loss in the road sub-project. Table 2: Summary of Land Loss Land Loss Measure Pre Project Post Project Count Percent Count Percent 1. Land Holding <0.5 ha ha >1.0 ha Average Holding (ha) Land Loss 9 P a g e

14 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Losing <5% Losing >5% Average Land Loss (ha) Source: Household Survey; October, Losses of Structures 12. Apart from land loss, there will be loss of structures within the CoI. Altogether 10 structures belonging to 13 owners will be affected by the road sub project. The list of affected structures include: 1 residential structure, 1 residence with small business activity, 3 small cottage and shed, 2 protection walls. 3 structures are partially affected on their balconies. The affected structures are built in their own private land. However, 1 structure made of CGI sheets is built in the land of Shreekali Devi Primary School in which 4 families operate small shops. Table 3 presents a brief account of affected structures (Details have been tabulated in Appendix IV). Table 3: Structure Losses along the Alignment SN Structure Ownership Count Remarks 1 Total Private structures Private Residential structure Private 1 Fully affected, have another house. Allowances have been allocated in accordance with entitlement matrix. 1.2 Residential Plus commercial Private 1 Fully affected, have another house. Allowances have been allocated in accordance with entitlement matrix. 2 Secondary structures Private Bamboo hut & Shed Private 3 Fully 2.2 Dry Wall Private 2 Fully 2.3 Balcony Private 3 Partially Total affected structures 10 Source: Household Survey, October, The structures affected by the subproject alignment belong to Janajati, Dalits and Chettri family. Although two fully affected structures belong to the Janajati and Dalit families, they have other houses for temporary shifting making them less vulnerable in terms of resettlement. Similarly, all the residential structure owners have either enough space in the same plot or beyond the RoW of the road in order to rebuild their houses. All structure owners will get compensation and other allowances as per entitlement matrix of RF. 10 P a g e

15 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 1.3 Losses of Trees, Standing Crops 14. The road alignment passes through two community forests area, Shree Sheradevi Community Forest Users Group (CFUG), Setidevi Saune Pani Community Forest Users Group (CFUG) and also an area of religious forest, Shree Hari Siddhi Religious Guthi Forest Users Group. Hence, the alignment requires cutting down of trees and seedlings from the forest area and also from private land areas. There are 406 trees, and 120 bamboo clumps which need to be cleared for the road improvement. The affected trees are Pines, Uttis, Saal, Chilaune, Khirra, Patmero, Kutmero which are used for firewood, fodder and timber by the community people. The bamboos have multiple use in everyday life: building residence, cattle sheds, making containers and mats, fodder for livestock and food for the family as well. Table 4: Affected Trees by the Road Alignment SN Ownership Count Remarks 1 Private trees Shree Shera Devi CFUG 20 3 Setidevi Saunepani CFUG 50 4 Shree Hari Siddhi Religious Guthi Forest Users 39 Group 5 Bamboo clumps 120 Private Source: Household Survey, October, The private land plots which are affected by the road alignment are agricultural area. Thus, most of these land plots have paddy while others have millet and corn. Similarly, few plots have potatoes and very few plots are left barren. 11 P a g e

16 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 2 SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS 16. Detailed socio-economic survey was conducted to investigate affected households income, food sufficiency, livelihood options, loss of land, structures, trees and other assets. Though 160 families were along the road alignment, the socio-economic survey was carried for 110 families (68.75%) labeled as interviewed households and others as absentee households. The interviewed households have 827 populations with average 7.52 family size. Out of total interviewed families, 48 are Janajati, 10 Dalits and 29 are headed by female. The Table 5 provides summary of the affected households. Table 5: Summary of Affected Households by the Subproject SN Variable Count 1 Total Affected HHs Interviewed HHs Dalit HHs Janjati HHs Brahmin/Chettri HHs 52 3 Interviewed Population Male Female Average HHs Size Non-Interviewed HHs 50 5 Women headed HH 29 Source: Household Survey, October, The survey showed that the all of the affected families are engaged in agricultural activities but the harvest is solely for household consumption. Thus, the affected families economy is assessed by measuring food sufficiency and income from different livelihood strategies adopted. The agricultural income includes sale of grains and livestock, but not as a commercial activity. Livestock is the major cash-back agricultural activity of the families. The major source of income among the affected families is not land-based but from nonagricultural sector. The major sources of income are small business activities like running tea shop, grocery shop, wage labor, remittances, job in different institutions, pension and government allowances. The members of the affected families are mostly in Gulf countries, India, Malaysia and Cyprus whose income plays a crucial role in their family. 18. The food sufficiency of the affected families from their own land is month per year in an average which will reduce by 9 days after their land loss to the subproject. There are very few families who have less than 6 months of food sufficiency. The food supply during the deficit period is covered through income from non-agricultural sectors which is major income share in the total family economy. Table 6 gives the details of the food sufficiency and other income level. 12 P a g e

17 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Table 6: Food Sufficiency and Income level of the Affected Households Variables Pre-Project Post-Project Frequency Percent Frequency Percent 1. Food Sufficiency <3 Months Months Months Months Average (Months) Agriculture Income (HH) < > Average (NRs) Non-Agriculture Income (HH) < > Average (NRs) Total Income (HH) < > Average (NRs) Source: Household Survey; October, Table 6 reveals that the non-agricultural income occupies the maximum (64.27 %) share of the family cash income which remains unaffected by the road implementation. The income from agricultural income is expected to reduce by NRs due to the land loss. Table 7: Poverty Level of the Affected Households Pre-Project Post-Project Variables Frequency Percent Frequency Percent 1. <5% Land Loss Above Poverty Level Below Poverty Level >5% Land Loss P a g e

18 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Above Poverty Level Below Poverty Level Source: Household Survey, October, Table 7 below shows the poverty level of the project affected families. The analysis shows that there are 38 families who lose more than 5% of their total land holding to the subproject. However, none of households lose more than 10% of the total land holding due to existing alignment. Similarly, the poverty level analysis shows that total of 55 affected families live below district poverty level at present. After the subproject intervention, it is revealed that only one family will be pushed below poverty level as a result of land and income loss due to project intervention. 21. The interviewed households are informed about the market information; their frequency of visiting local market and district headquarters as per their need. Each family is active in community participation and they are affiliated to at least one community institutions. In average, the members are educated up to secondary level. Every house has toilet and all the children are immunized which shows that the affected families along the road alignment are well informed, have access to social networks and benefits and are mobile in their everyday life. 22. During the household survey, it was recorded that 48 households belong to Janajati category out of total affected households and majority of them are Tamangs. These Janajati households have their own language, customs and traditions. They celebrate Loshar as an important festival in addition to popular Hindu festivals once a year as per their belief. However, there will be no loss of their cultural heritages due to the intervention of the sub project. 23. After the road construction, it would make the people easy access to everyday necessities. It is expected that all APs will have better access to the education, health and government facilities and market networks once the road subproject is completed. The female headed households, households below poverty level, household who lost more than 5% of total land are the target groups and will be prioritized for benefit schemes like income restoration program, working opportunities in the subproject 14 P a g e

19 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 3 INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATION, DISCLOSURE 24. The public consultations, formal meetings and interviews were carried out with the land and structure owners as well as local stakeholders regarding the road upgrading program along the road alignment.they were fully consulted about project norms, guidelines and overall ADB Policy on Involuntary resettlement, compensation and entitlement, RF of the EEAP. The local communities were explained about: 1. Relevancy of the road subproject scope and schedules, 2. Key features of RP and its impact on project, 3. About land acquisition, donation, compensation and other entitlements schemes, 4. About Grievance redress mechanism, and 5. Special consideration and assistance of all vulnerable groups 6. Overall projects norms, guidelines, websites and contact person for more details. 25. There were three formal public meetings and several rounds of informal discussions with APs, as well as with the other stakeholders along the alignment. The details of consultation meeting have been presented in the Appendix XI. The local leaders and the villagers also facilitated for consultations with the affected people during cadastral and household listing and socio-economic and loss assessment survey of the families. During the community consultations, people expressed that they would fully support the project implementation. However, they also demanded compensation for the land loss, additional activities to prevent flood and soil loss which may be triggered by road construction. 26. DLPIU has the lead role to publish notice of affected land as per the land acquisition act 2072 NRA with support of CISC and other public consultation program for RP implementation is conducted by DISC with close consultation of DLPIU. In addition, project affected people have already been informed about overall EEAP project norms, rules and regulations during HHs survey. RP has been approved by NRA, and disclosure is under process. 15 P a g e

20 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 4 GRIEVANCE REDRESS MECHANISMS 27. The objective of the Grievance Redress Mechanism (GRM) is to resolve complaints as quickly as possible and at the local level through a process of conciliation; and, if that is not possible, well defined grievance redress and resolution mechanism will be followed. A welldefined grievance redress and resolution mechanism is guided by the RF which will be fully disseminated to APs and they are made aware of the rights. The grievance redress process includes four levels which is shown in the figure. Figure 1: Grievance Redress Mechanism Grievance 1-2 days 1 st Level Grievance Field Level: Contractor, DISC,DLPIU Grievance Redressed 2 nd Level Grievance CLPIU 7 days Grievance Redressed 3 rd Level Grievance Grievance Redress Committee 15 days Grievance Redressed 4 th Level Grievance Higher Authority Court of Law Note: CLPIU-Central Level Project Implementation Unit, DLPIU-District Level Project Implementation Unit, DISC-Design and Supervision Consultant 16 P a g e

21 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap a. First level of GRM: The first level and most accessible and immediate contact for the fastest resolve of grievances are the contractors, and design and supervision consultants on site. Prior to construction of any works, the CLPIU and DLPIU will ensure local community meetings are held to notify local residents and businesses of any temporary disturbances, and to inform them of the Project. If a local area committee (LAC) exists in the area, they should also be informed. If any complaints arise, the contractors, consultants, and DLPIU can immediately resolve the complaint on site. The CLPIU can also be involved in grievance redress at this stage. The CLPIU and DLPIU office phone number will be posted in public areas within the subproject areas and construction sites. Any person with a grievance related to the project works can contact the project to file a complaint. The DLPIU offices will have a safeguards focal person to field and resolve complaints. The safeguards (environment and resettlement) focal person will document the complaint, and immediately address and resolve the issue with the contractor within 1-2 days, if the complaint remains unresolved at the field level. The DLPIU may seek the assistance of the consultant safeguards specialists (the environmental specialist or social safeguards specialist) to resolve the issue. The DIU safeguards focal person will notify the CLPIU safeguards focal person that a complaint was received, and whether it was resolved. The DLPIU safeguards focal person will fully document the following information: (i) name of the person; (ii) date complaint was received; (iii) nature of complaint; (iv) location, and (v) how the complaint was resolved. b. Second level of GRM:If the grievances remain unresolved; the DLPIU will forward the complaint to the CLPIU safeguards focal person. The person filing the grievance will be notified by DLPIU safeguards focal person that the grievance was forwarded to the PIU safeguards focal person. The CLPIU will address the grievance. Grievances will be resolved through continuous interactions with affected persons, and the CLPIU will answer queries and resolve grievances regarding various issues including environmental or social impacts. Corrective measures will be undertaken at the field level by the CLPIU safeguards focal person within 7 days. He/she will fully document the following information: (i) name of the person; (ii) date complaint was received; (iii) nature of complaint; (iv) location and (v) how the complaint was resolved. c. Third level of GRM:If the grievance remain unresolved, the CLPIU s project director will activate the third level of the GRM by referring the issue (with written documentation) to a Grievance Redress Committee (GRC) constituted by the EA, which will, based on review of the grievances, address them in consultation with the CLPIU, DLPIU, and affected persons. The GRC will consist of safeguards focal person leadership, affected persons, and local area committee, among others determined to provide impartial, balanced views on any issues. The GRC should consist of at least five persons. A hearing will be called with the GRC, if necessary, where the affected person can present his/her concern and issues. The process will promote conflict resolution through mediation. The GRC will meet as necessary when there are grievances to be addressed. The GRC will suggest corrective measures at the field level and assign clear responsibilities for implementing its decision within 15 days. The functions of the GRC are as follows: (i) to provide support to affected persons on problems arising from environmental or social disruption, asset acquisition (where required), and eligibility for entitlements, compensation, and assistance; (ii) to record grievances of affected persons, categorize and prioritize them, and provide solutions within 15 days; and (iii) to report to the aggrieved parties developments regarding their 17 P a g e

22 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap grievances and decisions of the GRC. The safeguards focal person will be responsible for processing and placing all papers before the GRC, recording decisions, issuing minutes of the meetings, and taking follow-up action to see that formal orders are issued and the decisions carried out. d. Fourth level of GRM: In the event that a grievance is not addressed by the contractor, DISC, DLPIU, CLPIU or GRC, the affected person can seek legal redress of the grievance in the appropriate courts, the fourth level of the GRM, which is the formal legal court system. The GRM however does not prevent affected persons from seeking legal redress at any time. 28. Further, 1st level of GRM has started its function which looks after field level grievances to quickly resolve the issues. Till date, 15 grievances were recorded and these issues are being resolved. 18 P a g e

23 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 5. RESETTLEMENT POLICY AND LEGAL FRAMEWORK 5.1 Nepal Government Applicable Legal and Policy Framework 29. This section provides the review of national laws, policies of the donor agency and the Resettlement Framework of the EEAP that applies to the project. 30. The Land Acquisition Act, 2034 (1977) is the main legal document on land acquisition and resettlement activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public purpose, subject to award of compensation. According to Clause 4, institutions seeking land acquisition may also request the Government of Nepal to acquire land under regular provisions, subject to compensation by such institutions. Clause 27 of the Act provides for land acquisition through negotiation with the plot owners, were all processes specified in the Act is not required. 31. The Reconstruction Related Act 2072 (2015)2 is the most recent Act promulgated after the earthquake of April 2015 for the reconstruction of earthquake affected structures. The Notice 2, Part 3 and Part 5 of this Act s Regulation explains the land acquisition and compensation determination process and procedures, named under, the working procedures on land acquisition required for reconstruction of earthquake affected structures, The major clauses of these working procedures related to land acquisition are highlighted under: Clause 3-4: the land required for reconstruction project can acquire land from anywhere for the project and reserves right to enter such land. Clause 5 (1): the project head should include the details of the land to be acquired and send for approval to NRA secretary. Clause 5 (3): after NRA approval, the project head should publish the details of the land plots to be acquired in national or local level newspaper requesting the land owners to register complain within 15 days if they do not agree. Clause 5 (4-10): processes of keeping such land plots on hold and resolve disagreements of the land owners if any. Clause 6 (1): the project head will write to land registration office for transferring the ownership of the land plots acquired according to Clause 5 (3) and Clause 5 (7) in the name of Government of Nepal. Clause 8 (2): formation of Compensation Determination Committee (CDC). Clause 10 (1-2): CDC should determine the compensation rate on the basis of market rate, vulnerability of the loss-owner and so on which should be stated in the decision minute. Clause 10 (3): CDC should make the compensation decisions public as soon as possible to notify the landowners, publish in national or local newspapers, notice in VDC or municipality board about details of compensation amount recipients, date and place to receive compensation and about place and duration to complain if not agree with the compensation amount. Clause 11 (1): Unsatisfied individuals can complain about the compensation amount within 15 days of the notice publication. Clause 11 (2-4): process of resolving complains received as per Clause 11 (1). 2 This is unofficial translation extracted from Nepal Gazet, Regulations on Reconstruction of Earthquake Affected Structures, 2072 (Nepali language), Part 3 and Part P a g e

24 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Clause 12 (1): compensation should be given to any standing crops or trees or plants of the land plots while entering in lands as per Clause 4. Clause 13 (1-4): duration to receive compensation is 3 months from the date of notice publication as Clause 10(3). If not, the project head shall register the amount in the office and public the notice to receive the amount within 6 months. If the recipients still do not claim the amount, such amount will be no longer payable and register in reserve fund. Clause 16: if any public land needs to acquire but occupied by any individual, government can compensate with other public land to those individual, if land is available. Clause 17: If the remaining land area becomes unusable after land acquisition, the remaining land shall be acquired by the project if complained by the landowner within 35 days of notice publication as per Clause 10(3). 32. The National Policy on Land Acquisition, Resettlement and Rehabilitation in Infrastructure Development Projects 2015 provide clear guidelines to screen, assess and plan land acquisition and resettlement aspects in development projects. The Policy highlights the need to handle resettlement issues with utmost care and forethought particularly in case of vulnerable groups. There are provisions of voluntary land donation by non-poor. Voluntary donation will be accepted if a) donation of land is < 10% of his agriculture land b) The donation is unforced, not the result of community pressure and MOU should be signed and is witnessed by third party c) Land donating HHs should not be from vulnerable group and poor families d) APs is fully consulted informed about their rights. Nontitled (encroachers/squatters) are eligible for compensation for their property except land compensation for structure; crops and tree should be calculated scientifically not less than market price. 33. The Constitution of Nepal 2015 guarantees the fundamental rights and duties of a citizen. Article 30(1) establishes the right to property for every citizen of Nepal, whereby every citizen is entitled to earn, use, sell and exercise their right to property under existing laws. Article 30 (2) states can impose taxes on the property of person as necessary on the basis of principles of progressive taxation. Article 30(3) states shall not except in the public interest, requisition or acquire, or otherwise create any encumbrance on, the property of the people. But not apply to any property acquired in an illicit manner. Article 30 (4) in requisition of private land for public interest according to sub-article (3), it shall be done on the basis of compensation and procedural law. Article 30 (5), Nothing in sub articles (3) and (4) shall be deemed to prevent the state in enforcing land reform, management and regulation for the purpose of increasing production and productivity of land, modernization and commercialization of agriculture, environment preservation, organized housing and planned urbanization. 34. The Guthi Corporation Act 1976, in case of Guthi Land acquisition must also comply with the provisions set out in. The second amendment in 1993, section 43 of the Act states that if Government of Nepal thinks that any Guthi land is required for social welfare or community interest, such a lad can be acquired at a concessional rate. In addition, the Act states that the compensation of Guthi land will be divided into Guthi and the tenants. The Guthi will receive 33 percent and the tenant will receive 67 percent of the total compensatory amount. 20 P a g e

25 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 35. The Public Roads Act 1974 empowers the government to acquire any land on a temporary basis for storage facilities, construction camps and so on during construction and upgrading of roads. Any buildings and other structures such as houses, sheds, schools, and temples are to be avoided wherever possible. The government is required to pay compensation for any damages caused to buildings, standing crops and trees. Compensation rates are negotiated between the government and the landowners. 36. The Land Reform Act 1964 is also relevant. As per the Act, a landowner may not be compensated for more land than s/he is entitled to under the law. This Act also establishes the tiller s right on the land which s/he is tilling. The land reform act additionally specifies the compensation entitlements of registered tenants on land sold by the owner or acquired for the development purposes. The Act amendment most recently in 2001 has established a rule that when state acquires land under tenancy, the tenant and the landlord will each be entitled to 50 percent of the total compensation amount. 37. The Malpot Ain or Land Revenue (land administration and revenue) Act, 2034 is the main Act to carry out land administration including maintenance and updating records, collection of land revenue and settlement of the disputes after completion of survey and handing over the records to LRO by the Survey Parties. It authorizes the LRO for registration, ownership transfer and deed transfer of land. This Act also authorizes the LRO to transfer ownership and deeds of individual land, if any person applied for the ownership and deeds of individual land, if any person applied for the ownership transfer of his/her land with mutual understanding for public use with recommendation of relevant committee. 38. Local Self Governance Act 1999: The Clause 258 in the Part 5, General Provisions relating to Local Body Chapter 3, Miscellaneous of the Local Self-Governance Act, 1999 has provision of land acquisition. The Clause states that in case the Local body has to acquire land to carry out any development and construction works within its area, it may acquire the land required for that work by following the requirements of the prevailing law and providing compensation to the concerned land-owner for the land. The Clause 149 of the LSGA has provision of prohibition on construction of building without obtaining approval. The clause states that no person shall, without obtaining construction approval from the Mayor, do 'construction of a building' 3 in the municipal area. According to the Clause 161(1) the Mayor may depute any engineer, overseer or employee to inquire into the following matters in respect to any building constructed or being constructed by anyone in the municipal area: Whether or not approval has been obtained pursuant to this Act to construct such a building, Whether or not such a building has been constructed or is being constructed in accordance with the design approved pursuant to this Act, and Whether or not any public land, road, temple, courtyard, sewerage, canal, pond etc. is encroached upon from such a building. (2) The person deputed to inquire into the matters pursuant to Subsection (1) shall have to inquire into the matter according to the prevailing law and submit a report, along with his/her suggestions, to the Mayor within fifteen days of his/her deputation. (4) In case it is held, as per the report submitted pursuant to Subsection (2) above, that anyone has constructed or is constructing a building without obtaining approval pursuant to this Act or by encroaching upon any public land, road, temple, courtyard sewerage, canal, pond, etc., the Mayor shall have to order to 3 The act of "construction of building" means the act to construct a new building, to reconstruct by demolishing the old building, to add a storey or to alter the facade, or to construct a window, door, veranda, attic, porch, shed, stable or garage or erecting a compound wall in alternation of the existing design 21 P a g e

26 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap demolish the building or any portion thereof. (5) In case it is held, as per the report submitted pursuant to Subsection (2), that any person has constructed or is constructing a building by altering the design approved pursuant to this Act without obtaining approval of the Mayor, the Mayor may order to punish such a person with a fine of up to one hundred thousand rupees or to demolish the building or any portion thereof. 39. The Clause 163 (1) mentioned that in cases where an order has been issued pursuant to Sub-section (4) or (5) of Clause 161 to demolish any building or any portion thereof, the concerned person shall have to demolish such a building or any portion thereof according to the order of the Mayor or the decision of the Appellate Court within thirty-five days of the decision made by the Appellate Court requiring the demolition of such a building or any portion thereof. (2) If the concerned person does not demolish such a building or any portion thereof within the time-limit referred to in Sub-section (1), the Municipality itself may demolish such a building or any portion thereof, and the expenditures incurred for so demolishing shall be realized from the concerned person. 5.2 ADB s Involuntary Resettlement Policy Requirement 40. The objectives of ADB s Safeguards Policy Statement, 2009 (SPS) with regard to involuntary resettlement are: (i) to avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) to improve the standards of living of the displaced poor and other vulnerable groups. 41. ADB s SPS covers permanent and temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. The SPS covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. 42. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: I. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. II. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations (NGOs). Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and indigenous 22 P a g e

27 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap people, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by social preparation. III. Improve, or at least restore, the livelihoods of all displaced persons through (a) landbased resettlement strategies when affected livelihoods are land-based, or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible. IV. Provide physically and economically displaced persons with needed assistant including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, economic and social integration of resettled persons into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required. V. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas, provide them with legal and affordable access to land and resources, and in urban areas, provide them with appropriate income sources and legal and affordable access to adequate housing. VI. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement, to ensure that people who enter into negotiated settlements will maintain the same or better income and livelihood status. VII. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. VIII. Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. IX. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. X. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. XI. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. XII. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been 23 P a g e

28 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 5.3 Gap Filling Between ADB and Government of Nepal Policies 43. The Government of Nepal s legal frameworks and ADB s SPS share the following: I. Both permanent and temporary involuntary resettlement shall be avoided to the extent possible or minimized where feasible, exploring all viable alternative project designs. II. Where displacement is unavoidable, people losing assets, livelihood, or other resources shall be assisted in improving status at no cost to them. 44. There are certain differences as shown in Table 8, and where different, ADB s SPS will be applied for subprojects. 5.4 Key Difference between ADB Policy and Government of Nepal Legal Framework Table 8: Key Difference between ADB Policy and GoN S.N. ADB Policy Government of Nepal Legal Framework 1 Compensation for assets regardless of legal ownership. Legal ownership is required for compensation eligibility; however, tenants registered with the Land Revenue Office are also recognized. 2 Compensation to all affected persons regardless of tenure for all affected structures. 3 Compensation for affected assets at replacement cost. Encroachers are not entitled to compensation. Compensation is to be determined by the compensation Fixation Committee to be formed under the Chief District Office which may be replacement cost. 45. In cases where subprojects involve voluntary donation and no other land acquisition and involuntary resettlement impacts, the subproject will be classified as Category C, but the CLPIU will prepare a report to ADB (to be attached to the classification form) which will document that: (i) the subproject site is selected in full consultation with landowners and any non-titled affected persons; (ii) voluntary donations do not severely affect the living standards of affected persons and the amount of agricultural or other productive land to be acquired from each affected household does not exceed 5% of the total productive landholdings of the household; (iii) voluntary donations are linked directly to benefits for the affected persons; (iv) any voluntary donation will be confirmed through written record and verified by an independent third party; (v) there is an adequate grievance process (vi) no affected household will be displaced from housing and severely affected; (viii) no affected household is vulnerable; and (ix) a process is in place to provide official documentation to those who donated land of their landholding post- donation. In cases where the subproject is classified as B and involves voluntary donation, the voluntary donation report will be attached to the resettlement plan. 24 P a g e

29 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 46. All involuntary land acquisition will be compensated at replacement cost and APs assisted so that their economic and social future would generally be as favorable as it would have been in the absence of the project. The absence to formal title to land will not be a bar to compensation assistance for loss of assets and special attention will be paid to ensuring that households headed by women and other vulnerable groups receive appropriate assistance to help them and improve their status. The APs whose land will be affected by the road was informed through publishing general notice during census survey, which will remain the cutoff-date (04 October, 2016) for the entitlement and owners (including non-titled) of affected assets till such a date will be eligible to be categorized as APs. The entitlement policy/matrix is annexed. 25 P a g e

30 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 6. ENTITLEMENTS, ASSISTANCE AND BENEFITS 47. The APs whose land is being affected by the road subproject was informed to the local people by publishing a general notice during the socioeconomic survey. The date of socioeconomic survey, 04 October, 2016, will remain the cut-off-date for the entitlement that was informed to the interviewed families during the field survey and community meetings. The owners, including non-titled, of the affected assets till the cut-off-date are eligible to be categorized as APs. 48. The compensation to be paid for affected assets will be based on the principle of replacement cost, which is the amount needed to replace an affected asset without deduction for taxes and/or costs of transaction before displacement and which is operationally defined as follows: i. Productive land (agricultural, ponds, and forest) based on replacement cost that reflect recent land sales, and in the absence of such recent sales, based on productive value; ii. Residential land based on replacement cost that reflect resent land sales, and in the absence of such resent land sales, based on similar location attributes; iii. Houses and other related structures based on replacement cost reflecting current market prices of materials and labor without depreciation nor deductions for salvaged building materials; iv. Annual crops equivalent to current market value of crops at the time of compensation. v. For perennial corps and trees, cash compensation at replacement cost is equivalent to current market value given the type, age, and productive value (future production) at the time of compensation. Timber trees based on diameter at four feet height at current market value; vi. For temporary impacts, no compensation for land if returned to the legal owners, promissory and non-legal right users, and the land restored to pre-project condition within 3 months after use. If the land is not returned and restored to pre-project condition within 3 months, the affected person will receive compensation at replacement cost for the land. A penalty clause will be included in the contractor s contract to ensure that the cost of such compensation is recovered from the contractor. 49. The residential and commercial loss will be provided with allowances in order to support their living condition. For the houses to be relocated, material transport allowances is provided. Similarly, if there is loss of income due to disruption of business or employment, material transport and one time assistance allowance is provided. Loss of standing crops and trees will also be compensated on the current market provision. 50. A Gender Equality and Social Inclusion Action Plan (GESI/AP) has been prepared for the Project and subprojects will be prepared and implemented in accordance with the GESI/AP. Consistent with the GESI/AP, resettlement planning and implementation will ensure that women, as members of the affected households, are adequately considered when they are physically or economically displaced by subprojects. They will be given equal opportunity for participation in public consultations. To ensure gender-sensitive and culturally responsive measures, the executing agency and the implementing agencies will adopt suitable strategies to ensure the active involvement of women consistent with the GESI/AP. 26 P a g e

31 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 7. RELOCATION OF HOUSING AND SETTLEMENTS 51. There are total 10 private structures affected by the road subproject. Out of 10, 1 residential structure and 1 residence cum business house are fully affected along the alignment. Out of 10, total 3 structures used by 6 families need to be relocated beyond RoW. Hence eligible structure owners will get relocation cost with allowances based on entitlement matrix of RF. The relocation cost for 6 structures along the sub-project is NRs (refer Appendix IV for details). 52. Although these six families are being physically displaced by the subproject, it is learnt that the families will manage another place for temporary shifting making them less vulnerable in terms of resettlement. The structure owners have enough space in the same plot beyond RoW in the same village of the road in order to rebuild the houses. 53. RP has allocated full compensation amount for the physical structures and also allocated material transport allowances and one time allowance for disruption of the economic activity. The relocation of the affected residences will be completed before civil works starts at the particular chainage. 54. APs will be compensated at replacement cost for any loss assets in addition to other assistance. Compensation will be provided as per replacement and relocation cost on the basis of entitlement matrix. Further the replacement cost for land has been proposed at 5% increment to the government rate. Reconstruction Related Act 2072, The Notice 2, Part 3 and Part 5 of this Act s Regulation explain about the details of CDC working procedures. Clause 8 (2) states the composition of CDC as follows: Chief District Officer Chairperson Land Revenue Officer Member Officer appointed by NRA Member President/Secretary/Executive Officer from VDC/Municipality Member Survey Officer Member Project Officer Member Secretary 7.1 Valuation and Compensation Determination 55. The survey and valuation of affected HHs properties were undertaken by Consultants on the basis of respective district rate. The replacement cost for land has been proposed at 5% increment to the government rate. Compensation for structures is calculated on replacement cost on the basis of entitlement matrix provisioned in RF. Cadastral mapping has verified the land plots of road alignment for the deed transfer 27 P a g e

32 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 8 INCOME RESTORATION AND REHABILITATION PROGRAM 56. During the socioeconomic survey, 110 interviewed HHs have expressed their interest to be the part of the training and benefit from entrepreneurial skills. 68 HHs are proposed for the training and priority will be given to Dalits, Janajatis, women HH-heads and BPL HHs. Income restoration program (IRP) will be designed for the one person per family in age-group. List of trainings are being finalized in the district and the tentative cost of the training program is NRs 830, The 50 non-interviewed HHs, whenever they approach the project, will be given further consultation on entitlement, compensation. The amount of compensation has been separated in the absentee assistance cost NRs. 50, for non-interviewed owner as a precautionary measure. 28 P a g e

33 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 9 RESETTLEMENT BUDGET 58. The total resettlement cost includes compensation and allowances, deed transfer fees, operation and administration costs. A contingency of 20% will be included in these cost estimates to be used as required during implementation of the resettlement plan. 59. The compensation package includes compensation for affected land plots and any standing crop, structures or trees in these plots. The replacement cost for land has been proposed at 5% increment to the government rate. Compensation for structures is calculated on replacement cost on the basis of entitlement matrix provisioned in RF. Additionally, allowances for material transport and business allowances for affected structures will also be estimated as per entitlement matrix. Similarly, compensation of affected crops is valued on the basis of prevailing market rate and trees are compensated on the reference provided by Department of Forest (DoF). However, all these valuations will be endorsed by CDC before finalization of the compensation package. The detail cost estimation and basis of compensation are described under following paragraphs. 9.1 Compensation for land 60. The additional requirement of private lands (110 Interviewed HHs including 50 absentee HHs with 38 non-registered plots) for upgrading is 4.85 ha. It costs NRs as per the replacement cost for land. It has been proposed at 5% increment to the government rate. The rate for land compensation is presented in the Table 9. Table 9: Details of Land Rate of the affected Plots DLRO Land Rate per sqm. Replacement cost rate per sqm.(5% increment) S.N. Name of the VDC 1 Phulasi Source: District Land Revenue office, Ramechhap District 9.2 Compensation for structures 61. The total compensation amount of the 10 private affected structures is NRs (except relocation cost) 29 P a g e

34 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 9.3 Compensation for standing crops 62. The affected land plots had different crops during the household survey. The survey reported there were paddy, corn, millet and some plots growing vegetables. However, compensation for affected crops is calculated for all affected land plots on the basis of average paddy productivity of the available data. Since paddy is the highest valued crop, compensation based on paddy rate in the local market is beneficial on behalf of affected families. 63. The household survey data showed that in an average kg of rice is harvested from 1 sqm of land and the rate of rice per kg in the local market is NRS 17.50/ 4. Thus the total compensatory amount of the crops from the affected private plots is NRS 1,453, Compensation for trees 64. The affected trees are compensated not for their timber value but only for harvesting and transportation cost based on the girth and height of the tree. The man days required for the calculation is provided by the Ministry of Forest and Soil Conservation Norms 2060 explained in Table 10 and the unskilled wage rate NRS 535/ (District Rate Ramechhap, 2072/73). Table 10: Labor Requirement for Cutting and Transportation of Trees Girth of Tree Labor Requirement (Man days) Above 12 cm to 30 cm 0.13 Above 31 cm to 60 cm 0.39 Above 61 cm to 90 cm 0.52 Above 91 cm to 120 cm 1.56 Above 121 cm to 180 cm 2.50 Above 181 cm to 240 cm 4.00 Above 242 cm to 300 cm Above 300 cm Distance between felling spot and stacking yard Labor Requirement (mandays) First 10 m 0.5 For each additional 10 m 0.08 For first 1000 m 8.42 For each additional 1000 m 8.00 For first 5000 m For small seedling less than 12 cm girth is Rs. 10 per seedling 5 Source: Ministry of Forest and Soil Conservation, The rate of rice in the local term is NRS 70 per pathi (4 kg) according to Raju Kumar Jargha Magar, local resident and president of Sheradevi CFUG. 30 P a g e

35 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 65. There are total 406 trees affected along the road alignment including private, CFUG and religious forest land area. The harvesting and transportation cost of these trees are summarized in the Table 11. Table 11: Summary of Harvesting and Transportation Cost of the Affected Trees SN Ownership Trees Harvesting Transportation Total cost count cost cost 1 Private CFUG forest Religious forest Total In addition to crops and bamboo clumps affected along the road alignment. There are 120 bamboo clumps total cost is NRs 12, MFSC Norms, Ministry of Forests and Soil Conservation, Kathmandu. 31 P a g e

36 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 9.5 Other supporting Cost 67. Other supporting costs in Resettlement Plan implementation include compensating the time given by the affected households during deed transfer and other purposes. This cost includes the amount required for management cost for APs households and deed transfer fees in the district. The estimated amount for supporting cost is NRs 153, Total RP Cost Estimate of Devitar-Phulasi-Pokhari Road Subproject 68. Resettlement budget includes compensatory amounts, implementation and management costs for APs. The total cost estimated for implementation of this proposed resettlement plan for Devitar-Phulasi-Pokhari road subproject is NRs. 50,857, Table 12 provides the details for the resettlement implementation budgeting. The total direct compensatory cost in the road subproject is NRs 43,301, The estimated training cost is NRs 830, P a g e

37 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Table 12: Budget for Resettlement Plan Implementation S.N. Budget Unit Total loss Amount (NRs.) Remarks 1. DIRECT COST Land compensation of 1.1 interviewed HHs sqm ,055, HHs 1.2 Land compensation of absentees HHs sqm ,388, HHs Land compensation for non-registered plots sqm ,580, plots Private physical structures No. 10 1,418, Material Transportation Cost HH 6 96, Business Allowance HH 5 80, Crop compensation sqm ,453, Private trees No , CFUG trees No Religious forest trees No Bamboo clumps No Sub Total 43,301, INDIRECT COST 2.1 Deed Transfer Assistance plots Absentee assistance cost HHs 50 3 Sub Total 153, Income Generation and Livelihood Improvement Program[1] LS , Contingency (20%) 8,660, GRAND TOTAL ( ) 50,857, Additional land cost extracted from 20% contingency cost 33 P a g e

38 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 10. INSTITUTIONAL ARRANGEMENTS 69. The National Reconstruction Authority (NRA) is the executing agency of the project. The Central Level Implementation Support Consultant (CISC) under MOFALD supported by CISC provides overall guide and monitoring of the project activities at central level. District level Project Implementation unites (DLPIU) will responsible to implement overall activities at district. 70. The National Reconstruction Authority (NRA) is the executing agency of the project. The Central Level Project implementation Unit (CLPIU) under Ministry of Federal Affairs and Local Development (MOFALD) supported by Central Implementation Support Consultant (CISC) provides overall guide and monitoring of the project activities at central level. District Level Implementation Unit (DLPIU) supported by District Level Implementation Support Consultant (DISC) will be responsible to implement overall activities at district. 71. The DISCs together with the CLPIU and DLPIU, will assist in developing and preparing resettlement plans through the conduct of the DMS in a participatory and transparent way and consistent with the project resettlement principles and the resettlement framework. Once approved by the NRA and reviewed and concurred by ADB, the CISC will provide technical advice in the implementation of the approved resettlement plan. The CISC will likewise provide capacity-building orientation, as needed, to concerned personnel of the CLPIU and DLPIU. 72. Together with the CLPIU and DLPIU, CISC and DISC will supervise civil works activities to be carried out by contractor/s for quality assurance. Furthermore, the contractors will be responsible to pay appropriate compensation if the land is taken temporarily such as for labor camp, material storage etc. as stated in Resettlement Framework. In addition, CISC will assist the CLPIU in regular monitoring of resettlement plan implementation. 34 P a g e

39 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 11. IMPLEMENTATION SCHEDULE 73. An implementation schedule has been agreed for timely completion of implementation of RP. Table 13 below presents time-bound action plan to complete identified activities of the RP including compensation payment and transfer of deed of ownership. Draft Resettlement Plan has been disclosed to the APs and Local Government at subproject site. A translated copy of summary of resettlement plan (in Nepali) has also been shared with APs. The objective of disclosure was to inform APs regarding their entitlement and working approach and modality. 74. Though the contract has already been signed after approval of resettlement plan from NRA, contractor s mobilization schedule has been synchronized with the RP implementation schedule. The contractor has been well instructed to initiate the works in the sections where compensation payment is not required or the activity falls in public land. The RP implementation schedule presented in the Tables below presents the section wise implementation plan matching with contractor s mobilization schedule. DISC will monitor the implementation status and report to DLPIU and CISC in a periodic basis. In case of any deviation from the agreed schedule, updated schedule will be agreed and implemented in accordance with the new milestone. The DISC and DLPIU ensures that no physical possession will be taken prior to compensation payment. 35 P a g e

40 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Road Alignment Status for construction works (Ramechhap) Chainage Land Tree S.N. From To Pub. Prvt. com. Prvt. Compensation Distribution Compensation Distribution/Proposed Completion date Planned Contractor Remarks Yes Yes 30 Oct, Nov, Nov, 2017 Will start after compensation Yes Yes Public Land Construction ongoing Yes Yes 30 Oct, Nov, Nov, 2017 Will start after compensation Yes Yes Public Land Construction ongoing Yes Yes Oct 30, Nov, Nov, 2017 Will start after compensation Yes Yes Public Land Will start after compensation Yes Yes 1st Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 1st Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 1st Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 10 Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 10 Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 10 Nov, Nov, st Dec, 2017 Will start after compensation Yes Yes 20 Nov, Dec, Dec, 2017 Will start after compensation Yes Yes Public Land Yes Yes 20 Nov, Dec, Dec, 2017 Will start after compensation Source; DLPIU/DISC 36 P a g e

41 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap Table 13: RP Implementation Schedule for Devitar-Phulasi-Pokhari Road Subproject S N Activities Contractor s mobilization schedule Cadastral survey, Final list of affected people, consultation with APs Consultation and grievances resolution HH survey and field works, data analysis, draft report preparation Submit final draft RP to CLPIU/NRA/ADB for review and approval Draft RP disclosure in site ADB comments incorporated Notice publication and grievance collection CDC meeting for compensation determination Call APs application for compensation claim Verify application documents Pay compensation to APs Deed Transfer Implementation of AP s Trainings Regular monitoring Evaluation of RP Implementation progress & achievement 2017/18 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr I 2 I 2 I I 2 I 2 I 2 I 2 I 2 I 2 I 2 I 2 I 2 I 2 I 2 Excavation and civil works in Joint construction survey, equipment mobilization and HR 2,4,6,8,10,12,14,16,1 Excavation and civil works in reset of the mobilization 9 (Public Land)) sections (Private Land) Throughout project duration Throughout project duration Responsibility DLPIU/DISC/Contractor DLPIU/DISC CLPIU/DLPIU/DISC/GRC CLPIU/DLPIU/DISC CLPIU/DLPIU/DISC DLPIU/DISC CLPIU/DLPIU CLPIU/DLPIU/DISC CDO/NRA/CLPIU/DISC DLPIU/DISC NRA/DLPIU/DISC CLPIU/DLPIU/DISC DLPIU/DISC CLPIU/DLPIU/DISC NRA/CLPIU/DLPIU/DISC 37 P a g e

42 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap 12. MONITORING AND EVALUATION 75. The Project has a mechanism to monitor and evaluate the resettlement and compensation process. The CLPIU through the DLPIU, CISC and DISC will conduct regular monitoring and evaluation of the updating and implementation of the resettlement plan. Monitoring and evaluation is intended to help ensure that the resettlement plan is prepared and implemented according to the resettlement framework 76. The following key indicators will be monitored periodically by CLPIUs (i) Compensation and entitlements are computed at rates and procedures as provided in the approved resettlement plan; (ii) Affected households are paid as per agreement with project authorities; (iii) Public information, public consultation and grievance redress procedures are followed as described in the approved resettlement plan; (iv) Public facilities and infrastructure affected by the Project are restored promptly; and, (v) The transition between resettlement and civil works is smooth. 77. The NRA as the project executing agency can monitor and supervise overall RP implementation and progress. CISC submits the monthly, quarterly semi-annual reports to CLPIU/NRA and ADB. DLPIU is primarily responsible to submit the report to CLPIU. DISC team will support to prepare the monthly report on behalf of DIPIU to be finally submitted to CLPIU through CISC. 38 P a g e

43 Resettlement Plan of Devitar-Phulasi-Pokhari Road Subproject, Ramechhap APPENDICES Appendix I: List of Affected Households Appendix II: Poverty Analysis of Interviewed Households Appendix III: Details on Land Compensation Estimation Appendix IV:Details on Structure Compensation Estimation Appendix V: Details on Private Trees Compensation Estimation Appendix VI: Details on CFUG Trees Compensation Estimation Appendix VII: Details on Bamboo Clumps Compensation Estimation Appendix VIII: Details on Crop Compensation Estimation Appendix IX: Nepali Summary Appendix X: Entitlement Matrix for Resettlement Plan under EEAP Appendix XI: Meeting Minutes Appendix XII: ADB Comments 39 P a g e

44 SN HH Head Tole Total Family Affected plots Total affected land, sqm Existing Area, sqm New Cut Area, sqm Land Loss, percent Total Land Holding, sqm Food Sufficiency Month Agricultural income, NRs Non-Agricultural income, NRs Total Income, NRs PerCapita Income Poverty Level Land Holding, sqm Food Sufficiency Mont Agricultural Income, NRs Total Income, NRs PerCapita Income Poverty Level Poverty Analysis of the Interviewed Households Pre-Project Post-Project 1 Imansing Thapa Magar Aarubote 4 131, 132, Ram Khapangi Magar Aarubote Birbahadur Magar Aarubote Harka Bdr.Khapangi Magar Aarubote 1 186, Sitamaya Thapa Dabetole 1 39, Rana Bdr. Magar Aarubote Ram Bdr. Thapa Aarubote Khi Kumari Rawat Aarubote 7 136,138, ,129,1 9 Jhanak Bdr. Thapa Magar Aarubote Khadka Bdr. Kami Aarubote Ambika Saru Magar Aarubote Lipu Bdr. Saru Magar Aarubote 5 80, Krishna Bdr. Thapa Aarubote Ganga Bdr. Thapa Magar Aarubote 9 130, 135, Lalit Bdr. Khapangi Magar Aarubote Yam Bdr. Thapa Chhetri Aarubote , Padam Bdr.Rana Magar Aarubote Takhat Bdr. Rana Magar Aarubote , ,142,1 19 Padam Bdr. Rana Magar Aarubote 10 51, Ram Bdr Thapa chhetri Dabetole Chandra bdr.thapa Chhetri Aarubote Jhal kumari Basnet Harre 6 1, Mide Khadka Harre 10 56, Page 1 of 5

45 SN HH Head Tole Total Family Affected plots Total affected land, sqm Existing Area, sqm New Cut Area, sqm Land Loss, percent Total Land Holding, sqm Food Sufficiency Month Agricultural income, NRs Non-Agricultural income, NRs Total Income, NRs PerCapita Income Poverty Level Land Holding, sqm Food Sufficiency Mont Agricultural Income, NRs Total Income, NRs PerCapita Income Poverty Level Poverty Analysis of the Interviewed Households Pre-Project Post-Project 24 Gep Bdr.Kami Harre Chandra Bdr. BK Harre Krishna Maya Thapa Harre Sita Kami Harre ,101,92, 28 Maan Kumari Thapa Harre Vaadi Sarki Harre Narendra Bdr. Khatri Harre 7 248, Kirti Bdr. Adhikari Harre 7 123, Harka Bdr. Kami Harre Nar Bdr. Adhikari Chapabote Narayan Bdr. Adhikari Chapabote 7 126, Ram Bdr. Adhikari Chambote 4 245, Lal Bdr. Khatri Chinde Tak Bdr. Khatri Chinde Chitra Bdr. Karki Chinde 3 50, Binda Khatri Harre Dil Bdr. Khatri Chinde Sunam K.C. Chinde Uday Bdr. Khatri Chinde Chandra Kumari BK Chinde 4 38,40, Purna Bdr. Karki Chinde 2 30, Laxmi Khadka Chinde 1 155, Megh Bdr. Gharti Fulasi Kamala Bhujel Chinde Kalpana Adhikari Fulasi 7 19, Ram Bahadur Bhujel Chinde Hom Prasad Bhandari Chinde Nanimaya Karki Chinde 4 58,109, ,242,3 52 Devi Kumari Chauhan Fulasi 9 07, Keshar Bdr. Chauhan Fulasi Prakash Chauhan Fulasi 4 354, Page 2 of 5

46 SN HH Head Tole Total Family Affected plots Total affected land, sqm Existing Area, sqm New Cut Area, sqm Land Loss, percent Total Land Holding, sqm Food Sufficiency Month Agricultural income, NRs Non-Agricultural income, NRs Total Income, NRs PerCapita Income Poverty Level Land Holding, sqm Food Sufficiency Mont Agricultural Income, NRs Total Income, NRs PerCapita Income Poverty Level Poverty Analysis of the Interviewed Households Pre-Project Post-Project 55 Bed Kumari Adhikari Chinde Lochan Bdr. Adhikari Fulasi Pushkar Bdr. Adhikari 57 Chhetri Fulasi Lal Bdr. Karki Chinde Bhim Bdr. Khatri Chinde Krishna Prasad Adhikari Chinde Rita Khatri Chinde Manmaya Tamang Fulasi Mina Bhujel Fulasi Raju Tamang Dhare Khola Prem Bdr. Tamang Dhare Khola Rajendra Chauhan Chauhan Tole 6 251, Lila Bdr. Chauhan Kami Tole Kanchhi Lama Fulasi Chamar Singh Tamang Fulasi , Binda Chauhan Fulasi Keshar Bdr. Chauhan Fulasi Maan Kumari Adhikari Jaisaal Dadi Ram Gharti Chinde Bhima Tamang Hilegaira Dhan Narayan Shrestha Fulasi JangaLal Lama Hilegaira 8 28, Salaam Singh Lama Ghyang Chinimaya Lama Ghyang Man Bdr. Tamang Dhare Khola Som Bdr. Lama Nande Dada ,322, Bal Dhan Tamang Dhare Khola Page 3 of 5

47 SN HH Head Tole Total Family Affected plots Total affected land, sqm Existing Area, sqm New Cut Area, sqm Land Loss, percent Total Land Holding, sqm Food Sufficiency Month Agricultural income, NRs Non-Agricultural income, NRs Total Income, NRs PerCapita Income Poverty Level Land Holding, sqm Food Sufficiency Mont Agricultural Income, NRs Total Income, NRs PerCapita Income Poverty Level Poverty Analysis of the Interviewed Households Pre-Project Post-Project 82 Jal Kumari Shrestha Dara Tole ,126, Hise Lama Fulasi 9 28, Gautam Lama Fulasi Kanchhi Tamang Fulasi 5 46, Som Bdr. Tamang Pokhari Pahalman Tamang Pokhari Fulmaya Tamang Pokhari Durga Bdr. Tamang Pokhari Prem Kumar Tamang Pokhari Gore Tamang Pokhari Kaluman Tamang Pokhari Birman Tamang Pokhari 3 502, Birman Tamang Pokhari Naran Bdr, Rajendra, 125,374,1 95 Bikram, Kamal Harre 16 17, Gyan Bdr. Kami Harre , Tej Bdr, Laxmi Devi, Omkar Harre 13 2, Krishna Kumari, Devi, Maya Harre 28 44, Dhan Bdr, Sitaram, Rita Aarubote , Hasta Bdr, Gokarna, Lait Bdr Harre Salaam Singh, Prem Bdr Dhare Khola ,41, Raju kumar jarga magar Aarubote 27 82,83, , Ram Bdr, Satosh, Saroj Milwaltole Mani Bdr.Tamang Gordanda Shankar kumar Tamang Pokhari Hasta Bdr. Kami Harre Lalit Bdr. Kami Harre Page 4 of 5

48 SN HH Head Tole Total Family Affected plots Total affected land, sqm Existing Area, sqm New Cut Area, sqm Land Loss, percent Total Land Holding, sqm Food Sufficiency Month Agricultural income, NRs Non-Agricultural income, NRs Total Income, NRs PerCapita Income Poverty Level Land Holding, sqm Food Sufficiency Mont Agricultural Income, NRs Total Income, NRs PerCapita Income Poverty Level Poverty Analysis of the Interviewed Households Pre-Project Post-Project 108 Madhumaya Tamang Pokhari Hira Kumari Tamang Pokhari , Dil Bdr. Tamang Pokhari Page 5 of 5

49 Detail on Strucutre Compesnation Estimation Structure No: 1 Address : Fulasi VDC -1, Arubote Chainage :2+140 Distance from centerline : 7m Plot: 74 sheet No. 1Gha Structure Unit Affected Area (Sqm) Storey Rate /Sqm Total Amount Dry wall cum 20*0.6*2 3, Total Structure Owner Name: Ram Bahadur Thapa Land owner Name: Ram Bahadur Thapa Structure No: 2 Address : Fulasi VDC-2 Harre Chainage :8+450 Distance from centerline : 3m Plot: 382 Sheet No. 2 ka Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Residence (Cottage) 20*2*3 20*2* LS Material Transporataion Allowance Total Structure Owner Name:Harka Bahadur Kami Land Owner Name:Harka Bahadur Kami Page 1 of 5

50 Structure No: 3 Address : Fulasi VdC-2 Chainage :8+585 Distance from centerline : 2m Plot: 132 Sheet No. 2ga Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Hut (not in regular use) 3*3*2.5 3*3* LS Total Structure Owner Name: Lalit Bahadur Kami Land Owner Name:Bhuwan Singh Kami Structure No: 4 Address : Fulasi VDC-2 Chainage :8+730 Distance from centerline : 3m Plot: 132 sheet No. 2ga Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Mill (Front Porch) 25*6*3 25*6* LS Structure Owner Name: Man Bahadur Sarki Land Owner Name:Bhuwan Singh Kami Total Page 2 of 5

51 Structure No: 5 Address: Fulasi VDC-4 Chinde Chainage : Distance from centerline : 4m Plot: 30/34 Sheet No. 4ka Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Residence+Busines s 10*5*6 10*5* Business Allowance Material Transportation Total Structure Owner Name: Kausila Karki Land Owner Name: Kausila Karki Structure No: 6 Address : Chinde Chainage : Distance from centerline : 3m Plot: not in list Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Residence (Front Porch only) LS Total Structure Owner Name: Chatra Bahadur Khadka Land Owner Name: Chatra Bahadur Khadka Page 3 of 5

52 Structure No: 7 Address :Fulasi-5 Chainage : Distance from centerline : 3m Plot: 357 5ga Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Dry wall 8*1*2 8*1* Total Structure Owner Name: Keshar Bahadur Chauhan Land Owner Name: Keshar Bahadur Chauhan Structure No: 8 Address : Phulasi-7 Chainage : Distance from centerline : 3m Plot: 678 sheet No 7Kha Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Cowshed 3*2*2 3*2* LS Total Structure Owner Name: Ram Bahadur Tamang Land Owner Name: Ram Bahadur Tamang Page 4 of 5

53 Structure No: 9 Address : Fulasi-7 Chainage : Distance from centerline : 3m Plot: 630 sheet No. 7kha Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Balcony 10*5*8 10*2*2 LS Total Structure Owner Name: Prem Tamang Land Owner Name: Prem Tamang Structure No: 10 Address : Pokhari Chainage : Distance from centerline : 5m Plot: not in list Total Structure Area ( Sqm) Affected Area (Sqm) Storey Rate /Sqm Total Amount Residence+Shop Business Allowance Material Transporataion Total Structure Owner Name: Dhan Bahadur Tamang, Purna Tamang, Krishna Bdr Shrestha, Dothe Tamang Land Owner Name: Shreekali Devi School This structure is inhabited by four families, thus the compensation amout will be splited among the families. Page 5 of 5