Resettlement Plan for Shongtong Karchham Sub Project (Tranche-IV) India: Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP)

Transcription

1 Resettlement Plan for Shongtong Karchham Sub Project (Tranche-IV) Document Stage: Draft Final Project Number: India: Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP) Prepared by Himachal Pradesh Power Corporation Limited (HPPCL), Government of Himachal Pradesh. The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature. 1

2 TABLE OF CONTENTS Chapter No PARTICULARS Page Number LIST OF ACRONYMS EXECUTIVE SUMMARY CHAPTER 1 INTRODUCTION AND PROJECT DESCRIPTION 1.1 General 1.2 Background of the Sub Project 1.3 Impact and Benefit of the Subproject 1.4 Minimizing Resettlement CHAPTER 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1 General 2.2 Scope of Land Acquisition Village Wise Distribution of Land Ownership of Land Intensity and Severity of Impact Landless Affected Family 2.3 Loss of Trees 2.4 Loss of Structure and its Typology Use of Structure 2.5 Socio-Economic Details of Affected Family Social Category of Affected Family Vulnerable Households`` ` 2.6 Summary Impact 2.7 Status on land Acquisition CHAPTER 3 SOCIOECONOMIC INFORMATION AND PROFILE 3.1 Introduction 3.2 Socio-economic Profile and Conditions 3.3 Assessment and Mitigation of Impacts Health Agricultural Yield Livestock Assets Access to and Availability of Water Resources Access to and Availability of Timber and Non-Timber Forest Products (NTFP's) Economic Activity and Conditions at the Household Level Socio-Cultural Impact Energy Use and Consumption Mineral Resources Indigenous Peoples Women Benefits and Positive Impact of the Project 2

3 Chapter No PARTICULARS Page Number CHAPTER 4 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 4.1 General 4.2 Methods of Public Consultation 4.3 Consultation with Government Officials 4.4 Public Hearing and Consultation during Environment Impact Assessment 4.5 Public Consultation during SIA and Safeguards Assessment 4.6 Summary of Public Consultations and Findings 4.7 Continuation of Public Consultation 4.8 Disclosure of RP CHAPTER 5 GRIEVANCE REDRESS MECHANISMS 5.1 General 5.2 Formation of Grievance Redress Committee and its Function 5.3 Grievance Redress Mechanism CHAPTER 6 POLICY AND LEGAL FRAMEWORK 6.1 General 6.2 The National Resettlement and Rehabilitation Policy (Ministry of Rural Development, Department of Land Resources), Land Acquisition Act, 1894 amended ADB s Safeguards Policy Statement, Comparison of ADB s SPS with LA Act,1894 and NR&RP, HPPCL s R&R Schemes 6.7 Principles and Policies adopted for this sub project CHAPTER 7 ENTITLEMENT, ASSISTANCE AND BENEFITS 7..1 Eligibility 7.2 Entitlements 7.3 Valuation of Assets CHAPTER 8 RELOCATION AND INCOME RESTORATION 8.1 Need for Relocation 8.2 Income Restoration Measures Basic provision as per the RP and RF Other Provisions as per HPPCL s standard R&R initiative Local Area Development Fund and the revised LADF guidelines CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING PLAN 9.1 General 9.2 Compensation 9.3 Assistance 9.4 RP Implementation and Support Cost 9.5 Other Cost 9.6 Source of Funding 3

4 Chapter No PARTICULARS Page Number CHAPTER 10 INSTITUTIONAL ARRANGEMENTS 10.1 General 10.2 Executing Agency and Implementing Agency 10.3 Project Management Unit and Project Implementation Unit in HPPCL 10.4 Environment and Social Management Unit 10.5 Implementing NGO/CBO CHAPTER 11 IMPLEMENTATION SCHEDULE 11.1 General 11.2 Project Preparatory Stage (Pre-Implementation Stage) 11.3 RP Implementation Phase 11.4 Monitoring Stage 11.5 Implementation Schedule CHAPTER 12 MONITORING AND REPORTING 12.1 General 12.2 Monitoring by PIU/HPPCL 12.3 Monitoring Indicators 12.4 Monitoring by External Expert 4

5 Chapter No PARTICULARS Page Number 12.5 Reporting Requirements LIST OF TABLES Table 1.1 Salient features of Shongtong-Karchham HEP Table 2.1 Details on land Requirements Table 2.2 Village wise Details on Land Acquisition Table 2.3 Ownership of Land Table 2.4 Percentage of Loss of Land compared to total land holding Table 2.5 Number of Landless AF Table 2.6 Details of Trees Table 2.7 Type of Structures Table 2.8 Use of Structures Table 2.9 Number of AFs Table 2.10 Social Category of Aps Table 2.11 Vulnerable Households Table 2.12 Occupational Pattern of Aps Table 2.13 Summary Impacts Table 4.1 Summary of Public Consultations and Findings Table 6.1 Comparison between ADB s SPS, 2009 and NR&RP, 2007 Table 7.2 Entitlement Matrix Table 9.1 Resettlement Budget Table 10.1 Roles and Responsibilities of Agencies in Resettlement Implementation Table 11.1 Implementation Schedule LIST OF FIGURES Figure 1.1 Project Location Figure 5.1 Grievance Redress Mechanism LIST OF ANNEXURES Annexure 2.1 Detailed List of Affected Family With the Impacts Annexure 4.1 Public Consultation at DC office Annexure 4.2 Minutes of Public Hearing Annexure 4.3 Summary Consultations of SIA and Safeguards Assessment Annexure 7.1 Copy of Negotiation of Compensation Annexure 10.1 Scheme for Involving Community Based Organizations in R&R Activities 5

6 LIST OF ACRONYMS ADB - Asian Development Bank ( Bank ) AF - Affected Family APs - Affected Persons BP - Bank Policy BPL - Below Poverty Line DPR - Detailed Project Report EA - Executing Agency ESMU - Environment and Social Management Unit FGD - Focused Group Discussion GoHP - Government of Himachal Pradesh GOI - Government of India GRC - Grievance redress committee HA - Hectare HPPCL - Himachal Pradesh Power Corporation Limited HPCEIDP - Himachal Pradesh Clean Energy Development Investment Program IA - Implementing Agency LA - Land Acquisition LAA - Land Acquisition Act of India, 1894 LADC - Local Area Development Committee LAO - Land Acquisition Officer MFF - Multi -Tranche Financing Facility NR&RP - National Resettlement and Rehabilitation Policy, 2007 OM - Operational Manual PIU - Project Implementation Unit PMU - Project Management Unit RF - Resettlement Framework RP - Resettlement Plan R&R - Rehabilitation and Resettlement SC - Scheduled Caste ST - Scheduled Tribe WHH - Women Headed Household 6

7 EXECUTIVE SUMMARY i. The Program, Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP) is provided under a multi-tranche financing facility lending approach of Asian Development Bank. Each tranche is structured as a project loan that can be fully implemented and hence, all the necessary documentation including the safeguards needs to be submitted along with the submission of Periodic Financing Request (PFR). This resettlement plan is prepared for the Shongtong Karchham Hydro Electric Project (450 MW) sub project to be covered under the Tranche- 4 components which is based on the detailed engineering design. Private land acquisition is required with no displacement. The RP contains the extent of impact caused by land acquisition due to construction of the sub project and spells out the compensation and rehabilitation of the Affected Families and Affected Persons. All the affected families are considered to be economically displaced as per the definition of ADB s Safeguard Policy Statement, However, for this RP, the terminology used for economically displaced household is Affected Family as advised by the Executing and Implementing Agency which is Himachal Pradesh Power Corporation Limited. The RP has been prepared in due consultation with the stake holders especially the local people ii. The proposed sub project will directly and indirectly contribute for the poverty reduction and will bring positive impacts to the area. The investment program and the implementation of tranche-4 subproject are expected to generate a considerable amount of employment. The efforts being initiated by the Executing Agency (EA) under its Rehabilitation and Resettlement (R&R) schemes such as selfemployment schemes, merit scholarship scheme, empowering women through involvement of Community Based Organization (CBO) scheme, Local Area Development Fund (LADF) scheme for over all infrastructure development in the project affected area and sharing of 1% of revenue/profit among the affected villages etc. will substantially, contribute to the overall development of the subproject area. iii. Total private land acquisition is Hectare which will have 141 Affected Families consisting of 666 Affected Persons. The total numbers of structure being affected are 06 out of which 02 are residential and the remaining 4 are residential cum small shops. Loss of these structures will not lead to any physical displacement since these structures are built on their agricultural land and are used on optional basis. They have their alternate place. A total of 154 trees to be affected which out of which 51 are fruit trees and the remaining 103 are non fruit trees. Vulnerable definition as per RR plan of HPPCL is PAF [disabled, destitute, orphans, widows, unmarried girls (with no financial support), abandoned women, or poor persons above fifty years of age( who are unsupported & with no financial support)]. All the 141 affected families belong to the scheduled tribe because the project affected district, Kinaur is a scheduled area. However, all these STs fall in the higher ladder of the caste system. HPPCL has a special benefit schemes for the ST AFs in lieu of forest rights. The summary details show that there are no nontitleholders being affected due to the sub projects. HPPCL has taken advance initiative to start the land acquisition process since 2009 keeping in consideration the time taking process of land acquisition. The land is being acquired as per the national law, Land Acquisition Act, The summary is presented in Table E-1 Table E-1: Summary Impacts Sl. No. Impacts Number/Amount Total land requirement (Ha) Total forest Land (Ha) Total private land (Ha) Total number of structures 06 Total number of residential structure 02 Total number of residential cum commercial structure 04 Total number of fruit trees 51 Total number of non fruit trees 103 Total number of affected family 141 Total Number of affected persons 666 Total number of Titleholders AFs 141 Total number of non-title holders 0 Total number of vulnerable AFs/ Scheduled Tribe AF 141 Source: Census Survey,

8 iv. During the preparatory stages, consultations have been carried out with various concerned stakeholders such as affected families, government officials and local communities for Shongtong Karchham subproject. Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews, public meetings, group discussions etc. A formal consultation was held in the office of the Deputy Commissioner, Kinnaur at Rekong Peo on 02 june 2009 in connection with the suggestions and objections of the Project Affected Panchayats and to discuss about their demands in the interest of the public and the organization. Consultations were carried out during Environment Impact Assessment preparation and formal public hearing was conducted on at 11:00 AM for proposed Shongtong-Karchham HEP (Powari-Ralli), organized by H. P. State Pollution Control Board at village Powari, Tehsil Kalpa, district Kinnaur Himachal Pradesh. Details of issues also rose during public consultation for SIA organized by HPPCL officials at Panchayats Khawangi on 26 Feb 2011, Powari on 25 Feb 2011, Barang on 24 Feb 2011 and Mebar Tehsil Kalpa on 23 Feb As integral part of the safeguards planning, affected persons and local communities were consulted during the preparation of tranche-4 safeguards documents, i.e., RP. Around 141 affected families have been consulted as part of the census survey in subproject area through a household questionnaire survey. Additionally, focused group discussions were also conducted in the affected villages. Consultation will remain continued all through the project cycle. To keep more transparency in planning and for further active involvement of APs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the Project will be made available in local language (Hindi) and distributed to APs. The copies of all the safeguards documents will also be placed in the public information centre. A copy of the RP will be disclosed in the website of HPPCL and ADB s website. v. Efficient Grievance redress mechanism has already been developed to assist the APs resolve their queries and complaints. The Local Area Development Committee (LADC) has already been formed in Kinnaur District which will act as the GRC. The LADC will be responsible for sorting out the grievances as well as monitoring the implementation resettlement activities. Grievances of APs will first be brought to the attention to the Project Implementation Unit (PIU) at project site level and the Gram Panchayat which needs to be redressed within 15 working days from the date of receipt of the complaint. Grievances not redressed by the PIU staff (field level) will be brought to the Grievance Redress Committee (GRC) which is LADC in this case. The LADC will have representatives from AP s, HPPCL, field level staff, district magistrate/commissioner, local administration, revenue authority and local community. Other than disputes relating to ownership rights under the court of law, LADC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. The LADC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month (30 working days) of receiving the complaint. l. vi. The policy framework and entitlements for the Program are based on national laws, ADB s policy and the Resettlement Framework (RF) prepared for this MFF. The relevant national laws/acts are The Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP). ADB s Safeguards Policy Statement-2009 and Operations Manual (OM) Section F1/ Bank Policies (BP) issued on March 2010 were taken in to consideration. Additionally, The Himachal Pradesh Hydro Power Policy, 2006 is also taken in to consideration for its appropriate application. Also, HPPCL s various R&R schemes were followed as additional feedback to the overall RP implementation. The core involuntary resettlement principles for this sub-project are: (i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plans (RPs) will be prepared and APs will be assisted in improving or at least regaining their pre-program standard of living; (iii) consultation with APs on compensation, disclosure of resettlement information to APs, and participation of APs in planning and implementing sub-projects will be ensured; (iv) vulnerable groups will be provided special assistance 1 ; (v) payment of compensation to APs including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; (vi) payment of compensation and resettlement 1 Vulnerable definition as per RR plan of HPPCL is PAF [disabled, destitute, orphans, widows, unmarried girls (with no financial support), abandoned women, or poor persons above fifty years of age( who are unsupported & with no financial support)].also, all the affected ST houheholds are considered as vulnerable. 8

9 assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of appropriate grievance redress mechanisms. All lands proposed to be acquired under this project will be compensated as per replacement cost and will be paid in cash. The land acquisition process will follow the national law, Land Acquisition Act, However, in this case, the rates have been mutually negotiated by HPPCL and the AFs. An entitlement matrix has been prepared and presented in Table E-2. Table E-2: Entitlement Matrix Type of Loss 1 Loss of private land 2 Loss of residential structure 3 Loss of commercial structure 4 Loss of trees and crops Application Agricultural land, homestead land or vacant plot Residential structure and other assets 3 Commercial structure and other assets Standing trees and crops Definition of Entitled Person Legal titleholders/ APs with customary land right/aps with Permit from local authority Legal titleholders Legal titleholders Legal titleholder/ Compensation Policy Compensation at replacement value or land-for-land where feasible. Land for land for the landless 2 families with an additional lump sum resettlement grant..fees, taxes, stamp duty and other charges related to replacement land and assets are to be borne by the EA Transitional allowance based on three months minimum wage rates. Shifting assistance for households. Notice to harvest standing seasonal crops. If notice cannot be given, compensation for share of crops will be provided. Additional compensation for vulnerable households. Replacement value of the structure and other assets (or part of the structure and other assets, if remainder is viable). Fees, taxes, and other charges related to replacement structure. Shifting Rs. 10,000/- per household. Right to salvage materials from structure and other assets with no deductions from replacement value. Additional compensation for vulnerable households. Replacement value of the structure and other assets (or part of the structure and other assets, if remainder is viable). Fees, taxes, and other charges related to replacement structure. One time financial Rs. 25,000/- per structure. Shifting Rs. 10,000/- per household. Right to salvage materials from structure and other assets with no deductions from replacement value. Additional compensation for vulnerable households. Notice to harvest standing seasonal crops Responsible Agency The EA through its Land Acquisition Officer (LAO) will determine replacement value. EA will ensure provision of notice. EA will verify the extent of impacts through a 100% survey of APs, determine assistance, and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will verify replacement value. The EA will verify the extent of impacts through a 100% survey of AFs determine assistance, verify and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will determine replacement value. The EA will verify the extent of impacts through a 100% survey of AFs determine assistance, verify and identify vulnerable households. The EA will ensure provision of notice. The EA through its LAO and appropriate 2 Landless are those whose landholding remains to be less than 5 bighas, equivalent to square meter (HP Nautor Land Rule, 1963) 3 Other assets include, but are not limited to walls, fences, sheds, wells, etc. 9

10 Type of Loss 5 Impacts on vulnerable APs 6 Temporary loss of land 7 Overall loss to the project impact area 8 Any other loss not identified Application Definition of Entitled Person Compensation Policy If notice cannot be provided, compensation for standing crop (or share of crop for sharecroppers) at market value Compensation for trees based on timber value at market price, and compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops. All impacts Vulnerable APs In case of total loss of land, a total dependency on agriculture, and a total loss of structures, land-for-land and structure-for-structure compensation if signified by the AP. Additional one time financial assistance equivalent to five hundred days minimum agricultural wages. Vulnerable households will be given priority in project construction Land temporarily required for sub-project construction Infrastructure, other social and cultural assets Legal titleholders, Local Area Committee employment. Provision of rent for period of occupation for legal titleholders. Compensation for assets lost at replacement value, and trees and crop loss in accordance with item 6. Restoration of land to previous or better quality 1.5% of the total project cost 4 to be spent for the development of local area. 1% share of the revenue generated during the life of project to affected panchayat Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Framework. Responsible Agency department/valuation committee will undertake valuation of standing crops, perennial crops and trees, and finalize compensation rates in consultation with APs. The EA will verify the extent of impacts through a 100% surveys of AFs determine assistance, verify and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will determine rental value and duration of construction survey and consultation with APs. PMU will ensure compensation is paid prior to site being takenover by contractor. Contractor will be responsible for site restoration. The EA/PMU/HPPCL/Local Area Development Council (LADC)/ Appropriate Government. The EA will ascertain the nature and extent of such loss. The EA will finalize the entitlements in line with the Resettlement Framework. vii. None of the AFs are to be rendered landless in the subproject land acquisition. Similarly, no squatters or non-titleholders are getting affected and all the titleholders affected by the subproject are partially losing their land. The loss of 6 structures comprising of 2 residential structure and 4 residential cum small shops will not result in houseless or complete loss of livelihood. These AFs have their alternate place to rebuild their house since these affected structures (residence and small shop) are being used as standby. The AFs losing their livelihoods in the subproject includes titleholders losing land who are considered to be economically displaced and AFs having commercial structures which are residential cum commercial/small shops in this case. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the HPPCL will promptly compensate for the loss of income 4 As per the provision spelled in Himachal Pradesh Hydro Policy, As per the new provisions made under the directorate of energy,

11 or livelihood sources at full replacement cost. HPPCL will also provide assistance such as possible employment opportunities in the project so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-project levels. In addition to the provisions made in the RP and RF in the form of cash, HPPCL has their own schemes which run parallel to contribute towards income restoration viii. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and administrative cost (includes carrying out consultation and running the GRC) in project implementation are part of the overall project cost. Additionally, cost allotted for HPPCL s provision for various R&R schemes and CSR activity are also included. The total land acquisition and resettlement cost for the Shongtong Karchham subproject is estimated to be Rs million equivalents to USD million. HPPCL) has already ensured the allocation of funds for compensation to be paid for land acquisition and other R&R activities prior to the start of the civil work. The cost estimated in this RP is indicative. ix. The Department of Power, Government of Himachal Pradesh will function as the overall coordination body of the proposed MFF. The Himachal Pradesh Power Corporation Limited (HPPCL) is the executing agency (EA) for the overall program and for the tranche-4 subproject. The HPPCL also functions as the implementing agency (IA) for HPCEDIP which has Project Management Unit (PMU). A Project implementation Unit has been set up at the project level which is at Kinnaur district. An Environment and Social Management Unit (ESMU) has been set up within the PMU along with other engineering units to address environmental and social issues of the HPCEIDP. Resettlement Officer at PIU level has already been deputed. As per the standard practice of HPPCL s RR scheme, CBO has been engaged for the same purpose x. The implementation schedule for resettlement plan will be scheduled as per the overall sub project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to commencement of civil works. Public consultation, monitoring and grievance redress will be undertaken intermittently throughout the project duration. The monitoring of RP implementation monitoring will be the responsibility of HPPCL through its PMU, ESMU and PIU. Additionally, HPPCL is required to engage qualified and experienced external experts to verify PIU/PMU monitoring information. The external experts will advise HPPCL on safeguard compliance issues. 11

12 CHAPTER- 1: INTRODUCTION AND PROJECT DESCRIPTION 1.1 General 1. The Program, Himachal Pradesh Clean Energy Development Investment Program (HPCEDIP) is being implemented under a multi-tranche financing facility (MFF) lending approach. Each tranche is structured as a project loan that can be fully implemented and hence, all the necessary documentation including the safeguards needs to be submitted along with the submission of Periodic Financing Request (PFR). This resettlement plan (RP) is prepared for the Shongtong-Karchham Hydro Electric Project (SKHEP) to be covered under the Tranche- 4 components. The RP is based on the detailed engineering design. There will be impact on land acquisition and resettlement, however, physical displacement is not required. The Project has been categorized as A 6 for involuntary resettlement (IR) as per the Safeguard Policy Statement of ADB, 2009 (SPS). 1.2 Background of the Sub Project 2. The Shongtong-Karchham HEP is proposed to be commissioned on river Satluj in district Kinnaur of Himachal Pradesh. The project envisages as a run-of-river Scheme on Satluj River in district Kinnaur of Himachal Pradesh. The proposed barrage site is near village Powari and the power house is proposed to be located near village Ralli on left bank of river Satluj near confluence of river Bapsa with Satluj on NH-22 about 200 km from Shimla and about 15 km from the district headquarter at Reckong Peo. The Shongtong-Karchham hydro-electric project is proposed to generate 450 MW of energy. 3. The Shongtong-Karchham HEP has been envisaged with the purpose of exploiting the potential in the Satluj River between villages Powari and Ralli. The project envisages the construction of : Diversion barrage, intake structure with 4 intake bays with gates and four intake tunnels passing through four sedimentation chambers. Head Race Tunnel 8.02 km long culminating in open surface surge shaft. Three circular steel lined underground pressure shafts to convey water to 3 francis turbines to generate (3 x 150 MW) 450 MW of power in an underground power house. Earlier it was envisaged for 402 MW generation capacity, however, as per approved hydrology and advice of Central Electricity Authority (CEA) the install capacity has been revised to 450 MW taking into consideration the hydrology more efficient turbine and generator improved flow with in project component and revised power studies. This does not entail any chance in levels, relocation of any component site, project component sizes requirement of land, other natural sources including felling of trees and generation of any additional muck, as such, the capacity enhancement achieved without any additional environmental impact. Tail Race Tunnel of 10.0 m dia and 90 m length to discharge flow into river Satluj near village Ralli. 6 As per ADB s SPS-2009, the involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more people experience major impacts which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement having significant impact is categorized as A which requires a resettlement plan. The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks. 12

13 The proposed Shongtong-Karchham hydropower project comprises of various components such as (i) Diversion works, (ii) Diversion barrage, (iii) Intake & Sedimentation chamber, (iv) Head Race Tunnel, (v) Surge tank, (vi) Pressure shaft and Penstock, (vii) Power house Complex, (viii) Tail race works, (ix) Hydraulic gates and valves, (x) Power house and (xi) Sediment Flushing Tunnel. There are four villages/panchayat (revenue villages) being affected due to the sub project which are Khawangi, Mebar/Ralli, Powari/Tangling and Barang. However, no private land acquisition is required in Barang.The salient features of the project are given in Table-1.1 and the subproject location map is depicted in Figure 1.1. TABLE-1.1: Salient features of Shongtong-Karchham HEP Location State Himachal Pradesh District Kinnaur River Satluj Location Diversion barrage site near village Powari Power House site near village Ralli on NH-22 about 200 km from Shimla Hydrology Catchment area at barrage axis 47,132 sq km Maximum observed average 10 1,666 cumecs Daily discharge Design flood 6,819 cumecs Firm discharge for 90% availability 67.39cumecs 50% availability cumecs Diversion Barrage Type Sloping Glacis Size 122.6m long at top of barrage Water Bay 87.0 m Top level of Barrage El. 1, m Full Reservoir Level (FRL) El. 1, m Maximum Pond Level El. 1, m Mean Draw Down Level (MDDL) El. 1, m Crest level El. 1, m Live storage 431 Ha m. Peaking 3.6 hrs River Bed Level at Barrage axis + El. 1, m Length of stilling basin m Diversion Tunnel Type Circular concrete lined Size 10.0 m dia Length m Bed Slope 1 : 553 Intake structure No. of intake bays 4 Width of each bay m Discharge through each bay cumecs 13

14 Crest level 1, m Minimum water level u/s El. 1, m No. of Intake Gates 4 Size 6.40m x 6.40 m Intake Tunnels No. of Intake Tunnels 4 Type Modified horse shoe Size 6.4 m Design discharge cumecs Velocity 2.41 m/sec Sedimentation Chambers No. of sedimentation chambers 4 Width 15 m Depth 31 m Length 530 m Particle size to be arrested mm Design discharge cumecs Flow through velocity 0.22 m/s Silt Flushing Tunnels No. of tunnels from the sedimentation 4 Chambers connected with main silt Flushing tunnel Type D-shaped Diameter 3.0 m Length 70 m Main Silt Flushing Tunnel Type D-shaped, concrete lined Diameter 6.00 m Length m Design discharge 81.2 cumecs Head Race Tunnel Type Circular concrete lined Diameter m finished Length 8, m Design discharge 406 cumecs Bed slope 1: Velocity 5.17 m/sec Adits No. of Adits 3 Type D-shaped Size 7.5 m Length m (max.) Surge Shaft No. One Type Restricted Orifice (Underground) Diameter 35.0 m Orifice Dia

15 Elevation of centre line of HRT m Elevation at invert of surge shaft m Top elevation 1, m Maximum upsurge level 1, m Minimum down surge level 1, m Pressure Shaft No. 3 Type Circular steel lined (Underground) Diameter 5.80 m (Finished) Length m each Power House/Transformer Hall cavity Type Underground Installed capacity 450 MW (3 x 150 MW) Size of machine Hall 120m (L) x 19 m (W) x m (H) Size of transformer Hall 120 m (L) x 18 m (W) x 28 m (H) Approach adit to machine hall 8.5 m D-shaped m long Average gross head m Net head m Tail Race Tunnel Size & Type m dia. Circular shape Length m Normal tail water level 1, m Maximum tail water level 1, m Power Generation Installed capacity 450 MW Annual generation : 90% dependable Year 1, GWh 50% dependable year 1, GWh COST ESTIMATE (Rs. In Crores) Civil Works Rs. 1, Electro-Mechanical Works Rs Total base cost of Project Rs. 2, Crores (Dec, 2010 Price Level) Financial Aspects Cost per MW of installed capacity Rs crores Sale rate per unit (at bus bar) First year Rs per unit Tenth year Rs per unit Average for 10 years Rs per unit 15

16 Figure 1.1: Project Location 16

17 1.3 Impact and Benefit of the Subproject 4. The proposed sub project will directly and indirectly contribute for the poverty reduction and will bring positive impacts to the area. This will specifically benefit the people living in the remote areas and the poor through improved frequency and voltage levels for various uses which will ultimately result in socio-economic growth. Electricity is a key input for socioeconomic development process. Efficient provision of electricity not only contributes to poverty reduction indirectly through economic growth, but being central to the basic human needs of health and education, electricity access also has a direct bearing on poverty reduction. Poor and vulnerable consumers, including hospitals, schools, and other social utilities, who are often the hardest hit by inadequate power supply, load shedding, and poor power quality, will benefit from the subprojects. Direct positive economic and social benefits will result from the Investment Program. The proposed project is expected to generate a considerable amount of employment. The efforts being initiated by the Executing Agency (EA) under its Rehabilitation and Resettlement (R&R) schemes such as self-employment schemes, merit scholarship scheme, empowering women through involvement of Community Based Organization (CBO) scheme as detailed in Annexure 10.1, Local Area Development Fund (LADF) scheme for over all infrastructure development in the project affected area and sharing of 1% of revenue/profit among the affected villages etc. will substantially, contribute to the overall development of the subproject area. 1.4 Minimizing Resettlement 5. Consideration has been given during the detailed design of the project preparation to minimize the adverse impacts on land acquisition, resettlement and on community in the project area. Since it is a run-of- the- river project, it has minimum sub-mergence. Efforts have been put from the feasibility stage to incorporate best engineering solution avoiding large scale land acquisition and resettlement through proper consultation with all the stakeholders. Steps have already been made to confine the project area in the government unused land. This has been done with proper consultation with the local people and affected communities. Finalization of various subproject components is based on certain parameters such as least cost, social and environment viability of the project. The subproject area is homogenous in nature and hence all the alternatives explored during the design stage do not vary much as far as the land acquisition and resettlement is concerned. However, broad measures are taken in to consideration to minimize resettlement in this project which are; (i) Selection of most the sub project components in the government land where viable, (ii) Adequate engineering design to minimize resettlement through adopting run-off-the river scheme, and (iii) Saving cultural and common properties to be affected. As part of the standard practice, the EA will ensure that 15% of the water flow has to be maintained for the downstream users which will not cause any disruptions in the downstream. 17

18 CHAPTER- 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1 General 6. The sub project sites and its various components are designed to the most extent possible to minimize the land acquisition and resettlement by confining the area in the government and barren land. However, land acquisition will be required which will be unavoidable considering the technical viability. The impact is limited to the land acquisition and there will very insignificant impact on the loss of structures. Therefore, dislocation is not foreseen in the sub project. A detailed inventory of all the property and assets has been done along with the engineering team to identify the land acquisition and resettlement impact on the Shongtong-Karchham sub project. Following the finalization of detailed design, land records along with the ownership details were collected from the revenue department with the help of Land Acquisition officer (LAO) designated for the project. A census Survey of affected families (AFs) was conducted during the month of November 2010 to February, 2011 in order to assess the nature of impact and to assess the presence of non titleholders in the sub project area. A structured census questionnaire was used to collect detailed information on AFs/ properties in order to develop mitigation measures and resettlement plan for the APs. The survey team was trained by the resettlement specialist and the survey was closely monitored on a regular basis. Additionally, socio-economic data was also collected as part of the Social Impact Assessment (SIA) study conducted separately by HPPCL. The census survey broadly includes various parameters such as (i) inventory of land and non-land assets, (ii) categorization and measurements of potential loss, (iii) physical measurements of the affected assets/structures, (iv) identification of trees and crops, (v) household characteristics, including social, economic and demographic profile, (vi) Identification of non-titleholders and (v) Assessment of potential economic impact. The following section deals with the findings of census survey and the impact of land acquisition and resettlement on the sub project. 2.2 Scope of Land Acquisition 7. Construction of the project activity would require hectares (Ha) of land, out of which Ha is government/forest land and the remaining hectares is private land owned by individual households. Private land is only 8.99% of the total land requirement whereas government/forest land is 91.01% of the total land requirement. The total numbers of affected families (AFs) are 141 from where the land will be acquired. Details are given in Table 2.1. Table 2.1: Details on land Requirements Sl No Type of Land Area in (Ha) Percentage (%) 1 Private Government/Forest Total Source, census survey, Village Wise Distribution of Land 8. Of the total private land to be acquired, 83.12% of acquired area falls in Powari panchayat ( Ha), 10.48% falls under Ralli/Mebar panchayat ( Ha) and 6.41% falls under Khawangi panchayat ( Ha). The private land to be acquired by the project was 18

19 highest in Powari village followed by Ralli and Khwangi. Village wise details of land acquisition requirement are described in Table 2.2. Table 2.2: Village wise Details on Land Acquisition Sl No Type of Land Area in (Ha) Percentage (%) 1 Khawangi Ralli/Mebar Powari/Tangling Total Source, census survey, Ownership of Land 9. All the properties/land belongs to the private owners. All the 141 surveyed households are losing their private land. Details of ownership are given in Table 2.3 Table 2.3: ownership of Land Total Area of Private land Percentage Sl No Name of the Village Acquisition (%) 1 Private Religious Community Others Total Source: Census Survey, Intensity and Severity of Impact 10. Severity of impact is calculated according to the affected land in comparison to the total land holding. Households losing more than 10% of the total land by the sub project will be considered as severely affected family and the total number of severely affected family is AFs are losing 10 to 20% of the land (9.22% of the total AF) and 2 AFs are losing 20 to 30% of their total land holding (1.42% of the total AFs). Remaining 126 AFs are losing less than10% of their total land holding (89.36% of the total AFs). Therefore, the severity of impact is negligible in the subproject. The existing usage pattern of the affected is mixed in nature which mostly agriculturally productive and apple orchards. Details on percentage of land losses compared to the total land holding is described in table in Table 2.4 Table 2.4: Percentage of Loss of Land compared to total land holding Sl No Amount of Loss Number of AFs Percentage (%) 1 Up to 10% % to 20% % to 30% Total Source: Census Survey, Land less Affected Family 19

20 11. The main AF rendered landless means that family whose whole agricultural land is acquired for the project or in whose case balance agriculture land left after acquisition is less than 5 bighas equivalent to square meter. For this purpose agriculture land held by project area by all such persons and their family members shall be taken into account. Person losing land on acquisition of building and land appurtenant there to shall not be treated as landless Project Affected Family. The landless PAF shall be duly certified by the Deputy Commissioner of concerned area. To arrive at balance land, with a family, land hold by them outside the project affected area will also be considered. As per the assessment, it is noted that, none of the AFs are rendered landless following the land acquisition. Details are given in Table : Number of Landless AF Sl No Amount of Loss Number of AFs Percentage (%) 1 Remaining land if less than bighas ( sqm) 2 Remaining land if more than bighas ( sqm) 3 Total Source: Census Survey, Loss of Trees 12. A total of 154 numbers of trees will be affected out of which 51 (33.12%) are fruit trees and 103 (66.88%) trees are non-fruit/timber trees. Fruit trees consist of apple (25 trees), almond (11 trees) and apricot (15 trees). Non fruit trees are small tress with less timber and usually used for fuel. Details are given in Table 2.6. Table 2.6: Details of Trees Sl No Type of Trees Number of Trees Percentage (%) 1 Fruit Trees Apple= 25 Badam/Almond= 11 Khurmani/Apricot= 15 2 Non-fruit/ Timber TOTAL Source: Census Survey, Loss of Structures and its Typology 13. A total of 06 structures will be affected due the sub project s land acquisition. All the structures are permanent in nature (6 numbers) are considered to be semi pucca which is cemented walls with a wooden roof. Various types of structures are described in Table 2.7. Table 2.7: Type of Structures Construction of Sl No Type of Structures Numbers Structure Numbers 1 Temp 0 Kutcha 0 2 Semi-permanent 0 Semi pucca 06 3 Permanent 06 Pucca 0 4 Total 06 Total 06 Source: Census Survey,

21 2.4.1 Use of Structure 14. The affected structures are used in an optional manner both for residential and sometimes, people open a small scale shops. None of the AFs will remain houseless. These structures are built on their agricultural land as additional house and they have alternate place to live. Details are described in Table 2.8 Table 2.8: Use of Structures Sl No Type of Structures Numbers Percentage (%) 1 Residential Residential cum small shop Total Source: Census Survey, Socio-Economic Details of Affected Family 15. The total number of AFs are 141 which will have 666 affected persons (APs) out of which 342 (51.35%) are male and 324 (48.65%) are female. The average family size is 5.24 and the sex ratio is Details on APs are given in Table 2.9. Table 2.9: Number of AFs Sl No Category of Members Number of APs Percentage (%) 1 Male Female Total Source: Census Survey, Social Category of Affected Families 16. All the AFs belong to Scheduled Tribe (ST) since the project district has been declared as notified tribal area. However, it is noted that most of the affected households belong to the upper castes which fall in the higher ladder of the caste system. Details are given in Table 2.10 Table 2.10: Social Category of APs Sl No Type of Social Category Number of Households Percentage (%) 1 General SC ST OBC Other Total Source: Census Survey, Vulnerable Households 21

22 17. The project area falls under the scheduled tribal area, therefore, all the AFs are considered to be ST. However, special benefits to these ST AFs have been offered under the scheme for providing compensation in lieu of Forest-Rights which is equivalent to 500 days of minimum wage. Multiple vulnerability, i.e., family falling under more than one category of vulnerability will be considered as one and vulnerable assistance will be paid for once. Details about the vulnerability are given in Table Table 2.11: Vulnerable Households Number of Sl No Category of Households Households 1 Woman headed household 0 2 Below Poverty Line 0 3 Scheduled Tribe AF as per forest right 141 Total 141 Source: Census Survey, Occupational Pattern of APs 18. Agriculture is the predominant activity in the subproject area which is 30.03% of the various occupations. Around 29.28% of the APs are students. Unemployment is negligible as 4.20% of the APs have been reported to be unemployed. Occupation pattern (male and female) of the APs are provided in Table Table 2.12: Occupational Pattern of APs Male Female Total Occupation Percentage Percentage Percentage No (%) No (%) No (%) Service Business Agriculture Student Housewife Labour Unemployed Professional Retired Not Applicable (Less Than 6 Years) Total Source: Census Survey, Summary Impact 19. Total private land acquisition is Ha which will have 141 AFs consisting of 666 APs. The total numbers of structure being affected are 06 out of which 02 are residential and the remaining 4 are residential cum small shops. Loss of these structures will not lead to any physical displacement since these structures are built on their agricultural land and are used on optional basis. They have their alternate place. A total of 154 trees to be affected which out of which 51 are fruit trees and the remaining 103 are non fruit trees. All the 141 AFs are falling under ST households as the subproject area is a notified scheduled area. The summary details 22

23 show that there are no non-titleholders being affected due to the sub projects. The summary is presented in Table 2.13 and the details on AFs are proved in Annexure 2.1. Table 2.13: Summary Impacts Sl. No. Impacts Number/Amount Total land requirement (Ha) Total forest Land (Ha) Total private land (Ha) Total number of structures 06 Total number of residential structure 02 Total number of residential cum commercial structure 04 Total number of fruit trees 51 Total number of non fruit trees 103 Total number of affected family 141 Total Number of affected persons 666 Total number of Titleholders AFs 141 Total number of non-title holders 0 Total number of vulnerable AFs/Scheduled Tribe AF 141 Source: Census Survey, Status on Land Acquisition 20. HPPCL has taken advance initiative to start the land acquisition process since 2009 keeping in consideration the time taking process of land acquisition. The land is being acquired as per the national law, Land Acquisition Act, 1894, therefore, there is no inadequacy as far as the process is concerned. However, the compensation amount and the rate for lost land have been decided on a negotiation basis in order to arrive at the replacement cost and getting the appropriate compensation for the land. All these negotiations have been done in the presence of HPPCL, AFs, government line agencies and the district commissioner and the representative of District Commissioner (DC). Negotiation process and the negotiated rate have been documented by the HPPCL and all the affected families are made aware about the rate through their respective Panchayats. Details on the negotiation and its records are described in chapter 7 and its annexure

24 CHAPTER 3: SOCIOECONOMIC INFORMATION AND PROFILE OF PROJECT AREA 3.1 Introduction 21. In addition to the census survey during the land acquisition and resettlement activities, a social impact assessment (SIA) was conducted by the HPPCL in the subproject area and socio economic details of the AFs were collected through a baseline sample socio-economic survey. The study area covered both the direct affected villages and the indirectly affected area which are affected zones. The findings of the SIA in this section are generic and not specific to the AFs only rather it covers project area in general. The development projects have both direct and indirect effects on the people living in the project area. Some of the effects may be beneficial to the people, while others may have adverse impacts on the socio-economic and environmental conditions of the people. The socio-economic impacts of the project activities assessed in this study include impacts on infrastructural facilities, occupational patterns of project affected families, residential houses, commercial assets of affected families, education and sports, health care facilities, vulnerable groups/ persons, holding size and cropped area on crop yield, livestock assets, income, employment, forest based inputs/outputs, energy use pattern, mining activities, consumption pattern, investment patterns, immigration of construction labor and staff, water availabilities for communities, power generation and transmission benefits, cost of living and inflation, eco-development in the project area, overall standard of living. 3.2 Socio-economic Profile and Conditions 22. The main points with regard to the socio-economic structure of other households who fall under the definition of project affected area but are not losing directly any land or other assets and designated as project affected families (PAFs) have been summarized in subsequent paragraphs. In all, the total numbers of such families surveyed were 552, out of which % were in Powari village, 43.84% in Barang, 9.78% fell in Ralli and 23.55% in Khawangi village. 23. The total population of surveyed households was 603, 1154, 335 and 615 in Powari, Barang, Ralli and Khawangi villages respectively. Their respective average family size worked out to 4.78, 4.77, 6.20 and 4.73 persons. Majority of PAF have a family size of 4 6 members in all the villages. The number of females per thousand of males are 939, 1046, 1094 and 946 in Powari, Barang, Ralli and Khawangi villages respectively. The population of majority fell in the age group of years, followed by 6-18 years group. The literacy rate was highest (81.13%) in Khawangi village followed by Ralli (80.89%), Powari (76.78%) and Barang (74.69%). In all types of education females almost lag behind the males. Illiteracy is more among female members than the male sex in PAF households. Therefore, literacy rate in the project area seems to be high and people are educated. 24. Agriculture is the main occupation of PAF households as nearly 80 percent of workforce practice farming followed by service, business in all the PAF villages. In contrast to farming sector where female workers dominate the scenario, there is a predominance of male workers in service occupation. Workers population comprised of 65.51, 69.76, 60 and percent in Powari, Barang, Ralli and Khawangi villages respectively of the total population. Dependency was found highest in Khawangi and lowest in Barang village among the PAFs. As far as vocational training needs for the skill development is concerned, 100 persons in Powari, 191 persons in Barang; 84 persons in Ralli and 39 persons in Khawangi village exhibited their interest for seeking skill development through some kind of training however HPPCL is organizing training cum awarness camps and also sponsoring ward of main project affected 24

25 family (MPAF), project affected family (PAF) in differenct industrial training institute for skill upgradation. It shows that people in the project area practice normal occupation pattern and no such indigenous or traditional occupational pattern is found. Both the male and female members are actively involved in the economic activities and contribute to the family income. However, men are comparatively engaged in more skilled work where women are confined to agricultural work along with their additional responsibilities of permorming household activities which make the women double burdened. 25. The total number of PAF having kutcha, semi-pucca and pucca houses was estimated at 228, 228, and 152 respectively. On an average, a PAF is having 5.71 rooms as a living space. The number of houses having two storeys was 357, the number of houses with one storey was 255 and the number of three storey houses was counted to be 57 among all the PAF households. The type of modern durables/ household assets is almost similar in the AFs which are TV, refrigerator, fans, motor bike etc. Housing pattern in the project area is standard with adequate rooms and facilities and possession of durable goods seems to be modern. None of the people are found to be nomads or houseless. 26. The total number of livestock per family works out to 2.96, 3.49, 7.20 and 1.28 animals in Powari, Barang, Ralli and Khawangi villages respectively. Sheep and goat comprised the majority, followed by bovines and poultry birds. Nearly percent families in Powari, percent in Barang; percent families in Ralli and percent in Khawangi village rear crossbred animals especially the jersey cows for meeting the milk demand. Most of the households keep their live stocks and which also contribute to some of their means of livelihood and income. Women play major role while taking care of the livestock. 27. The average land holding size comes out to 1.11 hectare in Powari village, 1.47 hectares in Barang, and 1.76 hectares in Ralli and 1.03 hectares in Khawangi village. The orchards occupied 76.7 percent of total holding in Khawangi followed by Powari (59.46 %), Ralli (51.13%) and Barang (48.98%). The area under other agricultural crops ranged between 6.8 percent (Khawangi) to percent in Ralli village. Fruits, nuts, rajmash, peas, and vegetables are the main cash crops of the PAF households. Amongst fruits and nuts, apple occupied 57.08, 55.32, and percent of the gross cropped area in Powari, Barang, Ralli and Khawangi villages respectively. Next in importance was pea crop occupying 3.94, 13.32, and 1.76 percent of the total cropped area in these villages. Rajmash area ranged between 3.25 percent (Ralli) and percent (in Powari village). The area allotted to barley varied from 2.10 percent (Khawangi) to 8.06 percent in Powari village. The ogla and phaphra the main millets together accounted for 2.38, 6.78, and 1.31 percent of gross cropped area in Powari, Barang, Ralli and Khawangi villages respectively. 28. The productivity of apple ranged between 8.33 tons (Ralli) to tons per hectare (Khawangi) in PAA households. The yield rate of rajmash varied from quintals per hectare to quintals/ ha in different affected villages. The per hectare production of peas was estimated at 40.89, 50.97, and quintals in Powari, Barang, Ralli and Khawangi villages respectively. The corresponding figures of productivity of vegetables were 29.88, 26.75, and quintals per hectare. The barley yield ranged between quintals to quintals per hectare in different study villages. 29. Horticulture/ agriculture constitute the main source of income of PAF households sharing percent in Powari, percent in Barang, percent in Ralli and percent of total family income in Khawangi village. Service was the next best alternative source of income to PAF households contributing 6.95, 8.72, and percent towards total family income 25

26 in Powari, Barang, Ralli and Khawangi villages respectively. Forestry sectors contribution was highest (17.05%) in Barang and lowest (5.59%) in Khawangi village. Livestock income ranged between 3.37 percent (Khawangi) to 8 percent (Ralli) of the gross family income. The other sectors contributed marginally towards total family income of PAF. None of the households are found to be landless and most of the people in the project area have orchards where they grow profitable crops such as apple and nuts which show the better economic standard. 30. The analysis of consumption pattern shows that, the average PAF spend one- fifths of total consumption expenditure on cereals and millets. The expenditure on pulses ranged between 7.38 percent (Powari) and percent (Khawangi). Fruits and vegetables together accounted for 4-6 percent in different villages. The expenditure on edible oils and ghee varied between 9.64 to percent. The expenditure on milk ranged between to percent in different villages. The average PAF spend about 18 percent of consumer budget on wine and smoking in Powari,Barang,Ralli while in Khawangi this share works out to around 9 percent. The total annual expenditure on non-food items of an average PAF worked out to Rs , Rs , Rs and Rs in Powari, Barang, Ralli and Khawangi villages respectively. The average household among PAF takes the loan to the tune of Rs in Powari, Rs in Barang, Rs in Ralli and Rs in Khawangi village, mainly from commercial, cooperative and regional rural banks for agricultural, business and house construction activities. 31. All the households are electrified and there is almost 100% electrification in Himachal Pradesh.The main source of electrification is government grid and usually supplied from the hydroelectric source. The main purpose of electricity use is lighting, entertainment instruments and heating and cooling. Most of the people are satisfied with the current status on electricity supply to their locality. 32. Firewood, LPG, kerosene oil and electricity are the main sources of household energy of PAF households. The per household per annum consumption of fuelwood by PAFs was estimated at 57.14, 69.55, and quintals in Powari, Barang, Ralli and Khawangi villages respectively. Nearly 65 percent of fuelwood requirements are met from the forests. The fuelwood demand was maximum during winters (48.49%) least during summers (16.68%). The PAF household greatly depends on the forests for meeting the fodder demand. The average annual extraction of green grasses and leaf fodder from the forests together accounted for 38.38, 37.08, and 1.68 quintals in Powari, Barang, Ralli/ Mebar and Khawangi panhayats respectively. The respective figures for dry grass collection were 10.97, 7.81, 4.24 and 0 of.17 quintals in these villages. 33. Many programmes of development are in operation in the PAA such as CDP, ITDP, IRDP, MNREG etc. There exist a network of public institutions and administration which extend basic facilities to the people of PAA. Under institutional and other programmes the activities like youth clubs, women s organization, cooperative societies, VDC, Devta Committees, Forest Development Committees, Panchayats and Self help groups, etc. are organized. The present socio-economic and political system is quite conducive to the interests and just aspirations of the villagers falling in PAA. 3.3 Assessment and Mitigation of Impacts Health 26

27 34. Due to implementation of the proposed project, there will be problem of dust, dirt and suspended particles in the area, which may cause Chronic Obstructive Lung Diseases. According to the report by CMO Reckong Peo, the Chronic Pulmonary Obstructed Diseases (CPOD) is already spreading along the whole Satluj Basin in Kinnaur particularly in Bhawanagar, Spillow and Tapri regions of the district. In future, due to dust problem lung diseases may affect the health of the large population in the district. As per the observations of medical experts in Kinnaur, eye diseases, and Jaundice may increase in the project affected areas. Drinking and irrigation water sources may get dried up, compelling the village population to take unsafe water supply increasing vulnerability of epidemics and chronic diarrohea and dysentery etc. Besides, immigrant labour may bring in contagious diseases which if unchecked may spread to local population. In addition to health, hygiene and spread of various diseases noise and dust pollution during construction activity is also one of the impacts identified by the local people. It is observed that women are more vulnerable to the development activities and especially their health condition during project construction stage, safety in terms of their mobility because of the influx of outside labour force, heavy vehicular movement and noise which causes disturbances to their children s studies etc. However, these are the assumptions which may not occur in reality in the future since HPPCL is taking due care in this regard. 35. In order to ensure good health of the people in the affected areas, besides ensuring health check of its labor force and immunizations, HPPCL through its R&R Medical Fund Scheme, intends to provide access to specialized treatments, required by affected people. The important components of R&R Medical Fund Scheme include organizing Special Medical Camps (SMCs), providing free medicine and treatment to individuals, operating a Mobile Health Van (MHV) and visiting doctors and health and hygiene education. The common ailments will be diagnosed in the Van itself and the patients would be provided medicines there itself. However, the chronic patients will be referred to the hospital for further treatment through examinations. As a result of visits of MHV, the awareness of the villagers about basic hygiene, balanced diet, and symptoms of common diseases will be increasing. People of PAAs/ PAZs will become more health conscious and they will often seek advice because of availability of diagnostic facilities of MHV at their doorsteps. Ultimately, the project will have positive impact on health care of MPAFs & PAFs of PAAs. Additionally, HPPCL ensures that the construction contractor follows adequate health safety management among the workers and among the local people through their doctors available in the project site. HPPCL through its contractor will ensure that adequate sprinkling of water and proper drainage system along with mechanism for garbage and mock disposal is provided at the project site. Provision of proper health check-up of labor class also envisaged under EMP document and same is adhered strictly by HPPCL through contractor Agricultural Yields 36. The productivity of different crops grown in project affected villages may be reduced due to reduction in soil fertility and adverse weather conditions during the growing season. During construction stage of the project, dust and dirt deposition on crop may bring down the yield levels. At present there exists no evidence to establish whether dust caused by blasting and transportation activities really reduces the yields of crops in the affected area. This requires a thorough investigation and scientific basis to prove whether dust is the real root cause of declining productivity of crops in the affected areas. To maintain soil fertility, the soils of hilly areas need a regular replenishment of organic humus, which gets washed away due to soil erosion on sloping lands. Animal dung (farm yard manure) is a good source of organic manure for agriculture, but its quantity supplied will be reduced due to reduction in livestock population in the affected areas. The lower yield will affect the farm income levels in these areas. However, HPPCL will ensure minimizing the damage to existing fertility and will initiate to assess the loss 27

28 caused due to infertility and will compensate accordingly with proper consultation with the horticulture department. HPPCL has also initiated a scheme namely Crop Compensation in this regard and also organizing various camps to increase soil fertility and agriculture production Livestock Assets 37. The livestock economy of the affected villages may sufferer due to the project activities. The fodder resources in the project affected area may decline because of reduction in the areas of private land, pastures and forest land. Women are the major player in managing the live stock and they feel that they may have to spend extra time to take their animal for grazing. However, there are ample areas available in the project area for the grazing of animals. HPPCL will ensure that farmers will be provided with alternate access to the adjacent forest area to supplement the fodder supply being local right holder Access to and Availability of Water Resources 38. Some of the participants in group discussion were apprehensive of the fact that, workers migrating from outside into the project affected area/ zone would put pressure on the natural resources like water and other natural resources being used by the locals. The water availability currently for drinking and irrigation purposes will be reduced as the same may be shared by more number of peoples. Also, women feel that their water will be contaminated and they might have to spend extra time for fetching the water or their privacy may be hampered due to the presence of out side workers in their locality. However, this will be temporary in nature. HPPCL in its R&R plan provide guarantee to restore the water springs if damaged. It will ensure that the available water supply infrastructure in the area improves with the project. This is a run-off-the river scheme project and will not stop the water flow. HPPCL, in its regulation, always ensures that 15% of the water flow remains in the river Access to and Availability of Timber and Non-Timber Forest Products (NTFP's) 39. The project authorities will acquire Rs /- hectares of forest land, which was earlier available to farmers for grazing of their animals. The private land to be acquired for the project site constituted hectares. The fodder resources in the project affected area may decline because of reduction in the areas of private land, pastures and forest land. It may have some impacts on women as they might find difficulties to collect their fuel and fodder in terms of easy availabalibity of fuel or they may have to spend extra time and hardship to collect them. Loss of private trees is compensated on the market value depending on the productivity and timber value. Forest department holds the ownership of all forest timber trees for which HPPCL will compensate to the concerned department. As a practice, afforestation will be done by the concerned department to balance the loss of trees Economic Activity and Conditions at the Household Level Income 40. Agriculture is the major occupation of project affected families in the affected areas. The acquisition of agricultural land by project authorities will reduce the size of land holdings of the main project affected families. This will result into partial loss in the agricultural incomes of the affected families. Women may also suffer due to the loss of income from agriculture or they may have to work harder to restore the income. However the compensation offered by HPPCL and 28

29 as mutually negotiated with the AFs will improve their economic position. The interest income obtained from cash compensation will be much more than the net earnings from the land lost to project activities. As a practice, men usally keep the ownership as far as financial matters are concerned. Healthy compensation as offered by HPPCL may lead to unnecessary expenses by men folk in terms of alcoholism etc which in turn will make a negative impact on women s position. However, in most of the cases, there are joint ownerships and women will get their due share. Average income of those families who will get employment in STKHEP will increase drastically. This change will be mainly due to increase in trading activities brought by increased demand for daily need items from residents of new STKHEP colony and also due to the increased purchasing power of project affected families. Women are expected to be more active in small scale business activities due to the changing demands. The self-employment scheme for the affected families will assist the families for starting their own occupation towards becoming self employed through small business ventures. This could be in the form of small industry, agriculture/horticulture based activity etc. There is a provision of financial assistance worth Rs. 50,000/- per applicant (sole or joint) to the eligible families fulfilling the requirements for this assistance. The annuity policy for vulnerable PAFs will enhance their income levels. In a nutshell, the increase in the household income will mainly be due to increase in employment in non-farm activities. Some of the benefits people expect from project in terms of compensation and assistance and other community based development activities such as school facility, health facility, economic opportunities, employment opportunities, petty contracts in the project etc. The loss in the average income of the affected families will be compensated more than proportionately when people will get opportunities to work in various spheres of activities generated by the project. Not only that average income of the affected families is expected to increase due to project activities, the disparity in the income of affected villages is also expected to be minimized. The project activities may further reduce the gender gap by involving women in the development by providing vocational training in suitable trades like electrician, Draftsman, and computers etc. for women in the project area and then providing assistance under income generation scheme. Employment 41. The loss of land will reduce the crop in the affected areas. The land and property losses will affect the employment of labor engaged in various farms and non- farm activities. However, the construction of project is expected to provide increased employment opportunities (direct or indirect, permanent and temporary as well as short term and long term) to local communities in the project area. The additional employment generation in non-farm activities like trading activities, tourism, contracting in the project, infra-structural development activities will open new vistas of employment opportunities in the project affected areas. In the ultimate situation the losses in the employment caused due to reduction in the holding size, will be more than proportionately compensated by the employment avenues created by the implementation of the project. Though, women may not be able to get direct employment in the project s construction activities since these are quite labour intensive and skilled jobs, however, they will contribute indirectly to their economic development in terms of small scale business, non farming activities like tourism etc. Consumption 42. It is expected that the consumption pattern of these households who will get cash compensation for parting with their land and other assets to the project activities, will be increased as compared to the earlier situation. The quantity of most of the items consumed will be increased due to improved liquidity position. The per capita consumption expenditure 29

30 especially on pulses, vegetables, fruits, milk, meat, wine etc. will definitely be more in future as compared to the past. People will shift from traditional to modern food products. In all probabilities, there will be higher expenditure on clothes and footwear indicating improvements in their standards of living. The main project affected families will be in a position to spend more on education of their children. They are also expected to spend lavishly on social ceremonies. These new developments will impact women in a positive way in terms of their food consumption, social status and their changing way of life. Investment 43. It is predicted that, the implementation of the project will have a positive impact on investment milieu in the project affected villages. The compensation money received by project affected families definitely will be used for the purchase of agricultural lands, construction of new permanent houses. Some households may purchase light vehicles to run as taxies for generating the extra income for the family. The major amount of cash compensation to be received by the affected families may be invested in fixed deposits. Deposits and savings of a family contribute best to the security of women. Women feel secured for their children if they have savings which will make them easy for securing their children s future in terms of providing them higher education and finding suitable groom for their girl child etc. Some families may use the compensation amount for the purchase of consumer durables such as TV, washing machine, two wheelers, furniture etc. Hence, it is assumed that compensation amounts will enhance the income generating capacity and standard of living of PAFs and will be used for productive purposes and purchase of consumer durable items in future. Inflation and Standard of Living 44. Minor increase of cost of living and inflation would be experienced in the project area as a result of increased commercial activities. However, the same factors will also increase the per capita income of the people in the area and take care of inflation. It is expected that overall living standards of affected families will increase due to HPPCL project implementation. There will be significant increase in the proportion of workers in regular employment especially with STK HEP and with its contractors as daily wage earners. The earning power of those who were below poverty line will be increased. Diversification of income and employment avenues through income generation schemes, towards business and other self-employment activities will take place. There will be improvement in the housing standards. Literacy rate will increase. The average per capita monthly expenditure of MPAFs and PAFs on food and non-food items will increase showing an improvement in their standard of living. The quality of health care will be improved due to provision of diagnostic facilities with the introduction of mobile health unit which will tour villages in the project affected area. This will have a significant positive impact on women as they will get exposure to better life style. The HPPCL will take measures to strengthen the existing infrastructure facilities, including health, education, roads, bridges facilities which will provide immense benefits to the MPAFs and PAFs in the PAA. There is every likelihood that project activities will help in reducing the income inequalities existing among affected families due to availability of equal access to work in various project activities. The eco-development activities and development of fishery in the water reservoir will create Employment Avenue, which will generate regular income for local peoples residing in PAAs. The cumulative effect of all these activities will be reflected in the standard of living of affected families in the longer period. 30

31 3.3.7 Socio-Cultural Impact 45. During construction phase of the project, migratory population is expected from other parts of the country having different cultural habits but there is very little chance of cultural conflict foreseen due to migratory population as intermingling remains limited to business activities and experience in other projects in the district supports such a view. Women may face minor difficulties as far as their free mobility and socio-cultural activities are concerned as the presence of outsiders may cause some disturbances. As a matter of fact, HPPCL ensures that local labor force is employed in the project activities and small scale petty contractor jobs are offered to the eligible local people which shows that local people are very much integrated with the project activities and shares the sense of togetherness to outsiders as well Energy Use and Consumption 46. The households of project affected areas use various sources of energy for meeting their household energy requirements. Firewood happens to be one of the important sources of energy in the affected areas. Affected families used to collect the maximum proportion of fuel wood from the forest lands since they have their rights to collect minor forest produce from these forests. Due to acquisition of forest lands in the vicinity of affected villages, the affected families will partially lose access to these forests. Fuel wood is very essential item in high altitude areas especially during the winters which are needed for heating the houses besides cooking. The HPPCL in its CAT plan has committed to formulate a special scheme for providing alternative fuel or fuel saving devices to the families whose fuel supply is affected due to construction of the project. HPPCL also has a plan to provide 100 units of electricity per month for a period of 10 years for the MPAFs and PAFs from the date of commissioning of the project. If the consumption is less than that, then the difference will be compensated in cash. 47. Gender impacts of electrification are particularly favorable; women want electricity and have clear perceptions of its power to reduce drudgery, to ease working hours, to increase access to the media, and to enhance the general amenity in their lives. Social services in Himachal Pradesh will improve as poor and vulnerable consumers (including hospitals, schools, and other social utilities) that are often hardest hit by inadequate power supply, load shedding, and poor power quality, will benefit directly from the project and will contribute to the benefits of women too. Women will be able to benefit from the project through improved access to electricity which will subsequently result in availing better services such as health, education and clean environment Mineral Resources 48. Loss of access to river side quarry material and sand for house construction was observed by people of some villages like Powari and Barang. They demanded alternative sites for getting these materials. The total annual loss of about 10 lacs rupees has been estimated in Powari village alone due to loss of access to riverside sand mix which will be acquired by the project. This will add to the losses in the income of the project affected families. HPPCL has formulated a scheme to compensate the affected people and/or panchayat on account of loss of benefit or income from extraction of minor minerals due to land acquisition or diversification for HPPCL project. 31

32 Indigenous Peoples 49. ADB s Safeguards Policy Statement (2009) uses the following characteristics in varying degrees to define indigenous people (i) maintenance of cultural and social identities separate from dominant societies and cultures; (ii) self-identification and identification by others as being part of a distinct cultural group; (iii) linguistic identity different from that of dominant society; (iv) social, cultural, economic, and political traditions and institutions distinct from dominant culture; (v) economic systems oriented more towards traditional production systems rather than mainstream; and (vi) unique ties and attachments to traditional habitats and ancestral territories. 50. Likewise, the President of India under Article 342 of the Constitution uses the following characteristics to define indigenous peoples [Scheduled Tribes (ST)], (i) tribes primitive traits; (ii) distinctive culture; (iii) shyness with the public at large; (iv) geographical isolation; and (v) social and economic backwardness before notifying them as a Scheduled Tribe. Essentially, indigenous people have a social and cultural identity distinct from the mainstream society that makes them vulnerable to being overlooked or marginalized in the development processes. In the context of the project areas, STs who have no modern means of subsistence, with distinctive culture and are characterized by socio-economic backwardness could be identified as Indigenous Peoples. 51. According to the Census of India 2001, 8.2 percent of the Indian population is classified as ST. In comparison to the national figure, Himachal Pradesh has only 4.00 percent of its populations classified as ST. The STs in Himachal Pradesh, based on the 2001 census, comprised 244,587 of the total State population of 6,077,900. Since the constitutions identification of scheduled tribes, there has been continuous movement of populations and tribal communities have been a part of this historical process. Tribal and non-tribal communities have lived side-by-side leading to acculturation and assimilation to mainstream societies. Many STs no longer keep their traditions/cultures and individuals and groups of STs have settled amongst non-tribal populations. 52. The major tribes of Himachal Pradesh are (1) Bhot, Bodh, (2) Gaddi (3), Gujjar, (4) Jad, Lamba, Khampa, (5) Kanaura, Kinnara, (6) Lahaula, (7) Pangwala, (8) Swangla, 9) Beta, Beda and (10) Domba, Gara, Zoba. However, the APs in the project do not belong to these groups. Most of the affected households/families/persons belong to the upper caste such as Thakurs and Singhs etc which fall in the higher ladder of caste system. Potential impacts on IPs of the Investment Program s Tranche 4 sub-projects were evaluated. Tranche-4 subproject falls under the district of Kinnaur which has been declared as Notified Tribal Districts as per scheduled area. However, people in the Kinnaur districts are the dominant group and they are not distinct from the main stream population since all their activities are very much developed and most of them are well off economically due to apple cultivation. Though classified as STs, their social, cultural, economic, and political characteristics do not differ from non-ip groups. They have the access to infrastructure facilities such as roads, electricity, schools and hospitals etc. 53. APs in the project area do not practise any traditional or indigenous form of economic activities. People are involved in agriculture and apple cultivation as the main occupation among the affected persons in the project area followed by small business and government jobs among the APs in the project area. Most of the APs are also students. Considering the above economic and occupational structure, it may be derived that none of the APs depend on traditional way of occupation. None of the affected households are considered to be below poverty line as no BPL family has been recorded during the survey which shows that the level of income among the APs are comparatively better. This may be due to the rich apple cultivation. 32

33 54. As per the latest Census Survey by Government of India, 2011, the total literacy rate in Himachal Pradesh is 83.78%. In comparison the state figure, the project affected villages slightly lag behind the state figure, but the difference is very negligible. The literacy rate is highest (81.13%) in Khawangi village followed by Ralli (80.89%), Powari (76.78%) and Barang (74.69%). However, literacy among the APs is comparatively higher than the village figure as well as the state figure. Official language of communication is Hindi in project area and most of the people use Hindi as medium of communication. Some sections of the people use certain dialect for day to day communication; however, they too communicate in Hindi and understand Hindi well. Considering the above narration, it may be derived that people in the project area are not having any indigenous dialect or language and they are educated also. The affected villages do not have any specific tribal community or customary institutions. The village community is the Panchayat which is an elected body and the Panchayat is the key to start any development activities in the region. All the respective panchayats are deeply involved in the project design and all the project information have been publicly shared with the local people. No objection certificates have been collected prior to start of the land acquisition and the compensation rate has been decided mutually. Consultations have been a continuous process since 2009 and people s views have been integrated to the project design and are considered as prime stake holders of the project. Assistance provision to all affected ST families (500 days of minimum wage) has been allotted as per HPPCL s initiative on special benefits to ST PAFs - Scheme for providing compensation in lieu of Forest-Rights. HPPCL s Initiative on various development activities such as local area development fund (LADF) and sharing the project benefits (1% of the revenue generated throughout the project life to be shared with affected panchayats) may be considered as general positive impact to ST people as well as to the whole project area which is declared as tribal area Women 55. The investment program will have positive impact on women. Gender impacts of electrification are particularly favorable; women want electricity and have clear perceptions of its power to reduce drudgery, to ease working hours, to increase access to the media, and to enhance the general amenity in their lives. Women in Himachal Pradesh are largely involved in domestic and agricultural work., The EA will ensure that women are consulted and invited to participate in group based activities, to gain access and control over resources. The EA will provide opportunities for upgrading women s skills for alternative livelihoods and income restoration. This will be done when there is an impact on women. 56. HPPCL s imitative to integrate women in various spheres of project activities brings some gender benefit to the women in project area. The same is foreseen in the SKHEP subproject where HPPCL gives equal importance for gender benefits. Additionally, various schemes are proposed to be implemented by HPPCL where women group will play vital role to assist in implementing these plans. 57. In Himachal Pradesh in almost all the villages Community Based Organizations (CBOs) like Mahila-Mandals play an important role in spreading awareness, maintaining links for communication within the village communities and with outside agencies including government organizations, maintaining cultural traditions, improve the community harmony and help in rural livelihoods as well improvement of incomes. They also play crucial role in enhancing capabilities of the members of the organization and also make them aware about their responsibilities towards the village community or just being responsible citizens. More often than not, these 33

34 CBOs act as the nodal points and a vehicle for implementing welfare schemes and other government sponsored programmes to people. 58. Since the objectives and capabilities of these CBOs are harmoniously matched with the requirement of HPPCL, HPPCL has engaged two Mahila-Mandals (one each) in Khawangi and Ralli/Mebar panchayat. These nodal Mahila Mandals would take up activities each year as per programme finalized in consultation with the concerned R&R Officer of the Project. The objectives of these Mahila mandal are (i) awareness towards grants of Rehabilitation & Resettlement and Land compensation, (ii) sensitize rural masses for Health & Hygiene (including Sanitation etc), (iii) target rural women for self-employment, (iv) Social Welfare, (v) Investment & Utilization of funds received by the PAFs as compensation through investment & career counseling. HPPCL provides grants to these Mahila mandal who forms their self-help group and use the funds for generating income. Mahila Mandal picks up small scale business activities such as tent, catering etc where they use the funds to procure these small scale assets and provide them on rent to local people where they generate some revenues. Additionally, HPPCL also promotes sports activities separately for the girls in addition to the boys events. Therefore, some gender benefits are foreseen in the subproject Benefits and Positive Impact of the Project 59. Construction of the project is a major development activity for the area. The SK HEP, in an average year is expected to produce about 1653 million units of electricity worth about Rs crores which can be made available for the economic development of the state in particular and country in general. The increased generation of hydropower will pave the way for the rapid industrialization, meeting domestic demands, and demands of other sectors of the economy. It will help in the preservation of forest wealth, increase agricultural productivity. It will have a multiplier effect on income and employment of the people in the state as well as the country. Hydropower is considered to be clean, renewable source of energy emitting low level of greenhouse gases compared to fossil fuel. 60. The Satluj river water impounded by STK HEP dam at Powari that will be covering a small area. Thus, it will have little ecological effect and practically there will be no physical displacement of people at the barrage site. The HPPCL will undertake various schemes like development of fisheries on the water reservoir, afforestation program, soil and water conservation program in the catchment area of the project which will not only compensate for deterioration of ecology caused by project activities but also help in improving the ecology of the project area. There is a provision of transfer of existing fishermen s rights to catch fish from river to project reservoir. During the group discussions, villagers suggested that in the tree planting programmes in the project area, top priority should be given not only to chilgoza plants but also to the plantation of multiple purpose tree species which would provide them fodder, fruit, fuelwood, small timber etc. HPPCL is committed to spending 2% of the carbon revenue earned from clean development mechanism (CDM) eligible projects for sustainable development during operation phase of the project. Additionally, HPPCL s Initiative on various development schemes will contribute to the overall economic development of the project area which are as follows: All the affected families will be receiving 500 days wages in lieu of forest rights in addition to the compensation. This shows the benefits to the APs since the area is a designated tribal area. 34

35 A Local Area Development Fund (LADF) has been created by the HPPCL where in 1.5% of the total project cost will go the affected Panchayats for the overall development activities of the affected villages. In addition, Government of Himachal Pradesh recently introduced a new scheme to share 1% of the revenue (profit) of the project among the affected people in the village. This will be valid till the life of the project cycle and will be effective from the date of the commissioning of the project. HPPCL has special schemes on impact on Minor Minerals.HPPCL has formulated a scheme to compensate the affected people and/or panchayat on account of loss of benefit or income from extraction of minor such as use of river beds etc. The compensation offered (mutually agreed) by the HPPCL is considered to be substantially high (27.60 million INR per Hectare) compared to the current use of the land. Additionally, they have many other schemes such as merit scholarship scheme, employment schemes etc which add more benefits to the community. 35

36 CHAPTER 4: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 4.1 General 61. Public participation and community consultation has been taken up as an integral part of social and environmental assessment process of the project. Consultation was used as a tool to inform and educate stakeholders about the project. The participatory process helped in involving the local people in project activities. Initial Public consultation has been carried out in the subproject areas with the objectives of minimizing probable adverse impacts of the project through alternate design solutions and to achieve speedy implementation of the project through bringing in awareness among the community on the benefits of the project. The consultation process has been going on since 2009 during project design, environment impact assessment study etc. and fresh rounds of consultations were also conducted during the social impact assessment, land acquisition and resettlement study. The broad objectives of the consultation are as follows: Understand the views of the people affected, with reference to acquisition of land or loss of property and its due compensation. Identification of subproject sites especially the dam site and power house locations. Understand views of people on resettlement options Identify and assess major economic and social characteristics of the project area to enable effective planning and implementation. Examine APs opinions on health safety issues during the construction and selection garbage materials or the waste materials. Identify levels and extent of community participation in project implementation and monitoring. To establish an understanding for identification of overall developmental goals and benefits of the project. To develop a thorough coordination between all the stakeholders for the successful implementation of the project. To protect socio cultural system and to ensure gender benefits 4.2 Methods of Public Consultation 62. Public consultations in the project area were held at different level. Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews, public meetings, group discussions, organizing of camps etc. To understand the socio-economic profile of the affected persons, questionnaires were designed and information was collected from the affected family on one-to-one basis in addition to the census survey. The following methodology has been adopted for carrying out public consultations in this project: Disseminating information and requesting villagers to attend the public consultation meetings at various sensitive places in formal way during public hearing during the environment assessment Informal consultation during social impact assessment and preparation of RP 36

37 Sharing the opinions and preferences of the APs. Involving the APs and all other stake holders in decision-making including implementation of RP. informal consultation 4.3 Consultation with Government Officials 63. Attempts have been taken to involve the concerned government official in the project preparation. A holistic approach was adopted during the design stage in order to gather the information about the project area and about the other developmental activities which are going on parallel to the proposed plan. These officials represent from local, district and state level. Consultations have been carried out with officials of HPPCL in order to incorporate their feedbacks to the project planning. Additionally, the project engineers have also been consulted in order to share the proposed project and their potential involvement during the implementation. The office of the District Commissioner/Deputy Commissioner (DC) and Land Acquisition Officer (LAO) was also consulted to know the process and status of land acquisition. Various other concerned officials were also consulted to involve them in the implementation of the proposed investment program. 64. A formal consultation was held in the office of the Deputy Commissioner, Kinnaur at Rekong Peo on 02 june 2009 in connection with the suggestions and objections of the Project Affected Panchayats and to discuss about their demands in the interest of the public and the organization. The meeting was presided over by the Managing Director (MD), HPPCL in the presence of the deputy commissioner. The representatives/pradhans of all the Gram Panchayats attended the consultations. The suggestions & objections and demands of the local people were discussed by one by one and the project authority assured the local people for necessary incorporation of the same for favorable action where feasible. Details of the demands of the local people and the assurance of HPPCL is given in Annexure Public Hearing and Consultation during Environment Impact Assessment (EIA) 65. Consultations were carried out during EIA preparation and will continue throughout the project cycle. The EIA was prepared in consultation with stakeholders. The issues like, awareness and extent of the project and development components, benefits of project for the economic and social upliftment of community, labor availability in the project area or requirement of outside labor involvement, local disturbances due to project construction work, necessity of tree felling etc. at project sites, water logging and drainage problem if any, drinking water problem, forest and sensitive area nearby the project site etc. Area-wide stakeholder consultations and workshops were conducted which provided an overview of the projects to be undertaken and discussed the Government and ADB s policies and potential impacts of the projects in project area. During consultations, key issues raised were: (i) participants expressed satisfaction towards a project in a national interest and it provided jobs and other source of other income generating activities in the area; (ii) they are not hesitant to provide any help and during construction; (iii) they are willing to provide labor and other services for the project; (v) people of the area requested for proper implementation of EMP and dust control measures as it affect the crop production; (v) they demanded for jobs in the project; (v) they raised that it is important to repair the roads and provision of ropeways after project construction; (vi) peoples are also demanded for minimum the cutting of trees and damage to forest as their livelihood is majorly dependent of forest; (vii) peoples has raised some issues which are wrongly mentioned in the reports and requested for correction; (viii) villagers dependent for proper and fair distribution of compensation of damage occur during construction mainly by vibration of blasting; (ix) villagers 37

38 demanded providing drinking water and irrigation facilities along with repair of some temples and crematorium of villages out of project (x) finally villager gave their written NOCs along with demands HPPCL for the project. Detail of issues raised during Public Hearing on at 11:00 AM for proposed Shongtong-Karchham HEP (Powari-Ralli), organized by H. P. State Pollution Control Board at village Powari, Tehsil Kalpa, district Kinnaur H.P.:is provided in Annexure Public Consultation during SIA and Safeguards Assessment 66. Details of issues rose during public consultation for SIA of Shongtong Karchham HEP, was organized by HPPCL officials at Panchayats Khawangi on 26 Feb 2011, Powari on 25 Feb 2011, Barang on 24 Feb 2011 and Mebar Tehsil Kalpa on 23 Feb Firstly the officials of HPPCL elaborates that the objectives of the consultation is to finalize the Social Impact Assessment (SIA) of Shongtong Karchham (Powari-Ralli) HEP, HPPCL 450 MW, and invited the comments and suggestions of participants. Consultations were also carried out in during the month of November 2010 to March 2011 with stakeholders during the safeguards assessment of Tranche-4 subprojects. As integral part of the safeguards planning, affected persons and local communities were consulted during the preparation of tranche-4 safeguards documents, i.e., RP. Around 141 affected families have been consulted as part of the census survey in subproject area through a household questionnaire survey. Additionally, focused group discussions were also conducted in the affected villages. General findings of the consultations along with the list of participants are provided in Annexure 4.3. General findings of the consultations held at various locations are summarized as follows.. Most of the people are aware of the project and are willing to render the support whenever required. People also suggested a proper compensation package to be granted who are losing their properties. Proper measures need to be taken to restore loss of livelihood Proper safety measures to be adopted for preserving the cultural property like temples, play ground, burial ground etc. This should be replaced by the project authority if there is any damage. However, this will require the consent of the community and due consultation. The present sub project, however, will not damage any cultural property. Government Departments should be people friendly to solve any problem. Government should provide the adequate land to the landless people for their relocation. Compensation should be based on the current market value. They also support the project since they will be getting job during the construction. People consented to cooperate if adequate compensation is given. Requests for facilities and amenities like drinking water or lighting was advised during the construction phase APs requested for local representation in the project activities Construction Contractors should be advised by the project authority to employ the local people with due consultation with the local community and with the elected bodies. Points were raised to involve the small local contractor during construction period. People suggested that adequate safety measures should be provided for uninterrupted social life. They perceive positive impacts of the project. 38

39 They are satisfied with the ongoing land acquisition process however, they urge for an efficient grievance redress committee to solve their problems when arise for which LADC has already been in place. People perceived certain benefits from the proposed investment program, such as improved electricity, better irrigation and better living condition, etc. Women were also invited to actively participate in the consultation process and concerned were raised that women be benefitted from the project and may be protected from any adverse impacts during the project construction in terms of their health, safety, security and socio-cultural integrity 4.6 Summary of Public Consultations and Findings Consultations include both formal and informal. Two formal consultations were held such as one with the DC and one during public hearing during EIA. Additionally, 4 numbers of informal consultations were held as part of the hearing of SIA and 4 numbers of informal consultations in the form of focused group discussions were in the affected villages during the safeguard assessment and during preparation of RP. A brief summary on the issues raised by the people and how it has been addressed or whether the issues have been assured by HPPCL is provided in Table 4.1 Table 4.1: Summary Findings of Consultations Issues Raised/Emerged Adequate compensation to be given Assistance in the form of employment, income generation scheme etc to be provided. Environment Degradation should be avoided and people demand that no disturbance should be done to their environment Panchayat should be involved in all decision making Action Taken Project has assured that the rate of the compensation will be based on the negotiation which will not lead to any dissatisfaction on the APs. The same has been incorporated in the RP. HPPCL has assured that temporary jobs and employment will be created during the construction of the project and local people will be given preference in the employment depending on the skills. HPPCL will also advise the construction contractor to engage the local where feasible during construction. Additionally, HPPCL has introduced various schemes which will help the affected people restore their income etc. Various R&R schemes are detailed in the RP which will be implemented during the course of project progress. HPPCL has already carried out a detailed Environment Impact Assessment and project specific Environment management Plan to address these issues. HPPCL has already taken the initiative since the beginning to involve the Panchayat since the inception of the project. Project has carried out necessary consultations with Panchayats and their decisions have been 39

40 included. This has been detailed in RP. People complaints need to be addressed properly. The Gram Panchayat requested sufficient funds for construction of village roads, adequate drinking water and providing basic infrastructure to the affected villages Local people especially the women folf and the mahila mandal urged for better benefits and involvement of women in the project activities HPPCL has formed an effective grievance redress mechanism through the formation of Local Area Development Committee which will act as GRC and will have representative from all stakeholders including APs and Panchayats. This has been detailed in the RP. HPPCL as assured by creating a Local Area Development Fund (LADF) which dedicates 1.5% of the project cost towards the development of local area especially the affected villages. This has been described in the RP also. HPPCL has assured the safety and security of women during the project implementation including their health and their children helath. As part of women s demand to manage the noise pollution during the sudy hours of the children, HPPCL assured that the timing of the crusher and blasting etc will be set in such a fashion that no disturbances occur to them and will be managed strictly. Also, as part of better involvement of women and providing them better opportunities, HPPCL has agreed that they will involve local CBOs which will be the mahila mandal and these mahila mandals will be working together with HPPCL as one of the prime stakeholders to generate more gender benefits and integrating the women in project activities. 4.7 Continuation of Public Consultations 67. Consultation will remain continued all through the project cycle. The effectiveness of resettlement implementation is directly related to the degree of continuing involvement of those affected by the project. Several additional rounds of consultations with APs will be required during RP implementation. Consultations during RP implementation will involve agreements on compensation, assistance options, and entitlement package and income restoration. The other round of consultations will occur when compensation and assistance are provided and actual resettlement begins. Information disclosure is pursued for effective implementation and timely execution of the RP. For continued consultations, the following steps are envisaged in the project: The PMU/ESMU/PIU will organize public meetings and will apprise the communities about the progress in the implementation of resettlement, social and environmental activities. There will be Grievance Redress Committees (GRC). The APs will be associated with such committee along with their representatives. 40

41 PMU/ESMU/PIU will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be placed for public display at the PMU offices. All monitoring reports of the resettlement components of the project will be disclosed in the same manner as that of the RP. Key features of the entitlements will be displayed along the project corridor. The PMU/PIU will conduct information dissemination sessions and solicit the help of the local community leaders to encourage the participation of the APs in RP implementation. Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account. 4.8 Disclosure of RP 68. To keep more transparency in planning and for further active involvement of APs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the Project will be made available in local language (Hindi) and distributed to APs. The PMU/ESMU/PIU staff for involvement in the implementation activities will keep the affected people informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The subproject summary Resettlement Plan will be translated in to local language (Hindi) and be disclosed to affected persons at local level such as at project site, gram panchayat and office of the deputy commissioner. The copy of the detailed Resettlement Plan will be available with Project Implementation Unit (PIU) and Project Management Unit (PMU) and will be available for the APs as and when asked for. HPPCL through its Project Implementation Unit (PIU) has already set up a public information centre at the site level at village Ralli, and broad RR principles have been spelled out in Hindi and have been placed in the form of sign boards in various areas. The copies of all the safeguards documents will also be placed in the public information centre. A copy of the RP will be disclosed in the website of HPPCL and ADB s website. 41

42 CHAPTER 5: GRIEVANCE REDRESS MECHANISMS 5.1 General 69. In the sub-project RP implementation there is a need for an efficient grievance redressal mechanism that will assist the APs in resolving their queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The EA will establish a mechanism to receive and facilitate the resolution of displaced persons concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism will address AP s concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the displaced persons at no costs and without retribution. 5.2 Formation of Grievance Redress Committee and its Function 70. Efficient Grievance redress mechanism has already been developed to assist the APs resolve their queries and complaints. The Local Area Development Committee (LADC) has already been formed in Kinnaur District which will act as the GRC. The LADC will be responsible for sorting out the grievances as well as monitoring the implementation resettlement activities. The main responsibilities of the GRC are to: (i) provide support to APs on problems arising from land/property acquisition; (ii) record AP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the PMU of serious cases; and (iv) report to APs on developments regarding their grievances and decisions of the GRC and the PMU. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. 5.3 Grievance Redress Mechanism 71. Grievances of APs will first be brought to the attention to the Project Implementation Unit (PIU) at project site level and the Gram Panchayat. Grievance at the field level needs to be redressed within 15 days from the date of receipt of the complaint. Grievances not redressed by the PIU staff (field level) within 15 working days will be brought to the Grievance Redress Committee (GRC) which is LADC in this case. The LADC will have representatives from AP s, HPPCL, field level staff, district magistrate/commissioner, local administration, revenue authority and local community.. The LADC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month (30 working days) of receiving the complaint. Nevertheless, the aggrieved persons will be free to acesss the country s/state s legal system at any stage. Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The LADC will continue to function during the life of the Project including the defects liability period. The grievance redress mechanism is presented in Figure

43 Figure 5.1: Grievance Redress Mechanism Affected Persons Minor Grievances PIU/Gram Panchayat 15 working Grievance Addressed Not Addressed LADC Major Grievances 30 working Grievance Addressed 43

44 CHAPTER- 6: POLICY AND LEGAL FRAMEWORK 6.1 General 72. The policy framework and entitlements for the Program are based on national laws, ADB s policy and the Resettlement Framework (RF) prepared for this MFF. The relevant national laws/acts are The Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP). ADB s Safeguards Policy Statement-2009 and Operations Manual (OM) Section F1/ Bank Policies (BP) issued on March 2010 were taken in to consideration. Additionally, The Himachal Pradesh Hydro Power Policy, 2006 is also taken in to consideration for its appropriate application. Also, HPPCL s various R&R schemes were followed as additional feedback to the overall RP implementation. The following section deals with these policies with a comparison and subsequently deals with the entitlements and eligibility for compensation and other resettlement entitlements. 6.2 The National Resettlement and Rehabilitation Policy (Ministry of Rural Development, Department of Land Resources), The National Rehabilitation and Resettlement Policy, 2007 (NRRP, 2007) was adopted by the Government of India in 31 st October, 2007 to address development-induced resettlement issues. The NRRP stipulates the minimum facilities to be ensured for persons displaced due to the acquisition of land for public purposes and to provide for the basic minimum requirements. All projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the Policy are: (i) to minimize displacement and to promote, as far as possible, non-displacing or leastdisplacing alternatives; (ii) to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families; (iii) to ensure that special care is. taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity; (iv) to provide a better standard of living, making concerted efforts for providing sustainable income to the affected families; (v) to integrate rehabilitation concerns into the development planning and implementation process; and (vi) where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation. 74. The NRRP is applicable for projects where over 400 families in the plains or 200 families in hilly or tribal or Desert Development Program (DDP) areas are displaced. However, the basic principles can be applied to resettling and rehabilitating regardless of the number affected. NRRP s provisions are intended to mitigate adverse impacts on Project Affected Families (PAFs). The NRRP comprehensively deals with all the issues and provides wide range of 44

45 eligibility to the affected persons and meets most of the requirement of ADB s new safeguards policy statement. The non title holders, under NRRP, are recognized as the people living in the affected area not less than three years after the declaration of the area as affected area. The NRRP addresses the vulnerable families with adequate entitlements and provides special provisions for Scheduled Castes and Scheduled Tribes Families. The NRRP takes in to account all the transparency as far as consultation, dissemination of information, disclosure and grievance is concerned. However, the law relating to the acquisition of privately owned immoveable property is the Land Acquisition Act of 1894 (LAA, amended 1984) which is discussed in the following section. 6.3 Land Acquisition Act, 1894 amended The LAA provides a framework for facilitating land acquisition in India. LAA enables the State Government to acquire private land for public purposes. LAA ensures that no person is deprived of land except under LAA and entitles APs to a hearing before acquisition. The main elements of LAA are: (i) (ii) (iii) (iv) (v) (vi) Land identified for the purpose of a project is placed under Section 4 of the LAA. This constitutes notification. Objections must be made within 50 days to the District Collector (DC, the highest administrative officer of the concerned District). The land is then placed under Section 6 of the LAA. This is a declaration that the Government intends to acquire the land. The DC is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the DC will make an award within one year of the date of publication of the declarations. Otherwise, the acquisition proceedings shall lapse. In case of disagreement on the price awarded, within 6 weeks of the award, the parties (under Section 18) can request the DC to refer the matter to the Courts to make a final ruling on the amount of compensation. Once the land has been placed under Section 4, no further sale or transfer is allowed. Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project authorities to the State Government, which in turn compensates landowners. The price to be paid for the acquisition of agricultural land is based on sale prices recorded in the District Registrar's office averaged over the three years preceding notification under Section 4. The compensation is paid after the area is acquired, with actual payment by the State taking about two or three years. An additional 30 percent is added to the award as well as an escalation of 12 percent per year from the date of notification to the final placement under Section 9. For delayed payments, after placement under Section 9, an additional 9 percent per annum is paid for the first year and 15 percent for subsequent years. 6.4 ADB s Safeguard Policy Statement (SPS), ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre- 45

46 project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. 77. The involuntary resettlement safeguards covers 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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. The main policy principles of the Involuntary Resettlement Safeguard are: (i) (ii) (iii) (iv) (v) (vi) 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. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. 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 Peoples, 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 a social preparation phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 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. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who 46

47 (vii) (viii) (ix) (x) (xi) (xii) enter into negotiated settlements will maintain the same or better income and livelihood status. 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. 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. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and 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. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of 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. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 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 achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 6.5 Comparison of ADB s SPS with NRRP 78. The NRRP represents a significant milestone in the development of a systematic approach to address resettlement issues in India. LAA, 1894 however gives directives for acquisition of land in public interest and provides benefits only to titleholders. A comparison of ADB s SPS, 2009 with Government policy (NRRP) is described in Table 6.1. Table 6.1: Comparison of ADB s SPS, 2009 with LA Act,1894 and NR&RP, 2007 Sl. ADB s SPS 2009 No. 1 Involuntary resettlement should be avoided wherever possible 2 Minimize involuntary resettlement by exploring project and design alternatives LAA,1894 LAA,1894 only gives directive for acquisition of private land in public interest and does not deal with involuntary resettlement This principle is not emphasized in LAA, 1894 NRRP 2007 This principle is equally emphasized under NRRP 2007 NRRP 2007 aims to minimize displacement and to promote, as far as possible, nondisplacing or leastdisplacing alternatives Remarks NRRP 2007 meet SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements 47

48 Sl. No. ADB s SPS Conducting census of displaced persons and resettlement planning 4 Carry out meaningful consultation with displaced persons and ensure their participation in planning, implementation and monitoring of resettlement program 5 Establish grievance redress mechanism 6 Support the social and cultural institutions of displaced persons and their host population. 7 Improve or at least restore the livelihoods of all displaced persons LAA,1894 This principle is not emphasized in LAA, However, under the LAA, the project authority only deals with the details of ownership and names of the owners and type of land etc for the legal titleholders. This does not include the socio-economic details. This principle is not emphasized in LAA, Under the LAA there are only provisions for various notifications which needs to be gazetted such as Section-4 notification etc. There is no scope for meaningful consultation. This principle is not emphasized in LAA,1894. Under the LAA, any dispute arises related to land ownership and compensation etc need to be settled in the appropriate court of law through the help of revenue department. This principle is not emphasized in LAA,1894 This principle is not emphasized in LAA,1894 NRRP 2007 (refer Para 2.1a) Lay out procedure for census survey and resettlement plan (refer Ch-VI, Para 6 and 6.4) NRRP 2007 ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the consultation and active participation of the affected families (refer Para 2.1b ) Project involving involuntary resettlement needs to have Grievance redress mechanisms for affected people (refer Para and Para 8.3.4) This is emphasized in the policy (refer Para 6.10, Para ) NRRP 2007 emphasizes the same (refer Ch-VII) Remarks NRRP 2007 meets SPS, 2009 requirements. NRRP 2007 meets SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements. NRRP 2007 meets SPS, 2009 requirements 8 Land based resettlement This principle is not Loss of asset to be NRRP

49 Sl. No. strategy ADB s SPS All compensation should be based on the principle of replacement cost 10 Provide relocation assistance to displaced persons 11 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. LAA,1894 emphasized in LAA,1894 This principle is not emphasized in LAA, As per the LAA the compensation rate is derived based on the circle rate. This principle is not emphasized in LAA, LAA only provides eligibility to legal title holders for compensation for land and lost assets. No provision of assistance is covered under LAA. This principle is not emphasized in LAA, This is a strict deviation from as LAA does not address any of the non-titleholders.laa provides eligibility only to legal title holders for compensation NRRP 2007 compensated to the extent of actual loss (refer Para 7.4.1) The compensation award shall take into account the market value of the property being acquired (refer Para 6.22b). However, market value in Indian context is subjective and is not a fair value NRRP 2007 emphasizes the same (refer Ch-VII), (refer Para and Para ) NRRP 2007 also recognizes the nontitleholder families and ensure R&R benefits (refer Para 3.1.b.iii). However, the non title holders, under NRRP, are recognized as the people living in the affected area not less than three years after the declaration of the area as affected area Remarks meets SPS, 2009 requirements. NRRP 2007 does not meet SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements NRRP 2007 does not meet SPS, 2009 requirements as ADB s SPS spells out that any person irrespective of their legal status live prior to the cut-off date ( as decided by the EA) will be eligible for assistance. However, the Resettlement Framework (RF) prepared for the MFF spells out that the date of detailed census will be considered as the cut-off-date 49

50 Sl. No. ADB s SPS Disclose the resettlement plan, including documentation of the consultation in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. 13 Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project s costs and benefits. 14 Pay compensation and provide other resettlement entitlements before physical or economic displacement. 15 Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons. LAA,1894 This principle is not clearly emphasized in LAA, Under LAA there is only the provision for gazette notification. This principle is not emphasized in LAA, LAA deals only with land acquisition and not with involuntary resettlement This principle is emphasized in LAA, However, it is only limited to payment of compensation and not to resettlement assistance This principle is not emphasized in LAA, NRRP 2007 NRRP 2007 ensure this principle (refer point 6 above) also refer Para , Para ) NRRP 2007 emphasizes to integrate rehabilitation concerns into the development planning and implementation process (refer Para 2.1e) Full payment of compensation as well as adequate progress in resettlement shall be ensured in advance of the actual displacement of the affected families. (Refer Para 6.22) The policy equally emphasizes the requirement for monitoring Remarks and any non titleholders recorded during the detailed census will be considered as AP and will be eligible for resettlement assistance. NRRP 2007 meets SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements. NRRP 2007 meets SPS, 2009 requirements NRRP 2007 meets SPS, 2009 requirements. 6.6 HPPCL s R&R Schemes 79. HPPCL has its standard Rehabilitation and Resettlement Plan (R&R Plan) for its projects which is primarily dealing with various additional schemes with an objective to (i) compensate the families affected adversely by construction of the project., (ii) improve the quality of life of the 50

51 people of the area through better infrastructure, sustainable income and better skills and generally contribute to and be a part of the development of the area and the people, (iii) create a good will for the organization and have a good long term relationship and (iv) ensure that rights of individual and society particularly those belonging to the weaker section of the society are adequately protected. Keeping in view the R& R Plan, HPPCL has planned to adopt various relief rehabilitation strategies to the project affected families in the project areas. These strategies include the following: Each Project Affected Family will be suitably and adequately compensated to ensure replacement of the assets lost or acquired. The local population of the Project Affected Area will be provided guidance and counseling education through scholarships, sponsorships guidance for better living conditions and better livelihood including training in the area of common occupations like Agriculture, Horticulture etc. General Development of the project area by building or improving infrastructure such as roads, footpaths, bridges, water supply irrigation through public participation and community development works etc. Creating opportunities of employment for local people through self employment schemes or indirect employment in project activities. Maintaining a friendly contact with the public through regular meetings, Public Information Centre, printed material, PAF identity card, functions etc. Providing direct help to the people in extreme hardship. 80. Various schemes covered under the HPPCL s R&R activities include the following: Training and Skill up-gradation Scheme-ITI Scheme Merit Scholarship Scheme Training-cum-Awareness Camps Scheme Scheme for Self-Employment School Competition Scheme for awareness Sports Tournament Scheme Scheme for involving CBO Medical Fund Scheme Scheme for Forest Rights Scheme for minor minerals Scheme for crop compensation 6.7 Principles and Policies adopted for this sub project 81. The core involuntary resettlement principles for this sub-project are: (i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plans (RPs) will be prepared and APs will be assisted in improving or at least regaining their pre-program standard of living; (iii) consultation with APs on compensation, disclosure of resettlement information to APs, and participation of APs in planning and implementing sub-projects will be 51

52 ensured; (iv) vulnerable groups will be provided special assistance 7 ; (v) payment of compensation to APs including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; (vi) payment of compensation and resettlement assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of appropriate grievance redress mechanisms. 7 Vulnerable groups include poor households, households headed by women, the physically handicapped, scheduled tribes and scheduled caste. 52

53 CHAPTER 7: ENTITLEMENT, ASSISTANCE AND BENEFITS 7.1 Eligibility 82. The APs entitled for compensation or at least rehabilitation provisions for the Project include (i) All APs losing land either covered by legal title/traditional land rights, or without legal status; (ii) Registered and un registered tenants and sharecroppers; (iii) Owners of buildings, crops, plants, or other objects attached to the land; and (iv) APs losing business, income, and salaries. Compensation eligibility is limited by a cut-off date to be set for the project/subproject. For the legal title holder, the issuance of Section 4 notification of LA Act will serve as the cut-offdate. For non-titleholders, the day of the Census Survey will serve as the cut-off-date (February 2011). APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. 7.2 Entitlements 83. Based on the above broad principles, a detailed description of each compensation measure and assistance is provided in the entitlement matrix which is detailed in Table 7.2. APs will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the APs. Type of Loss 1 Loss of private land 2 Loss of residential structure Application Agricultural land, homestead land or vacant plot Residential structure and other assets 9 Table 7.2: Entitlement Matrix Definition of Compensation Policy Entitled Person Legal titleholders/ Compensation at replacement value APs with or land-for-land where feasible. customary land Land for land for the landless 8 families with an additional lump sum right/aps with resettlement grant..fees, taxes, Permit from local stamp duty and other charges related authority to replacement land and assets are to be borne by the EA Transitional allowance based on three months minimum wage rates. Shifting assistance for households. Notice to harvest standing seasonal crops. If notice cannot be given, compensation for share of crops will be provided. Additional compensation for vulnerable households. Legal titleholders Replacement value of the structure and other assets (or part of the structure and other assets, if remainder is viable). Fees, taxes, and other charges related to replacement structure. Shifting Rs. 10,000/- per household. Responsible Agency The EA through its Land Acquisition Officer (LAO) will determine replacement value. EA will ensure provision of notice. EA will verify the extent of impacts through a 100% survey of APs, determine assistance, and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will verify replacement value. The EA will verify the extent of impacts through a 100% survey of AFs determine 8 Landless are those whose landholding remains to be less than 5 bighas, equivalent to square meter (HP Nautor Land Rule, 1963) 9 Other assets include, but are not limited to walls, fences, sheds, wells, etc. 53

54 Type of Loss 3 Loss of commercial structure 4 Loss of trees and crops 5 Impacts on vulnerable APs 6 Temporary loss of land Application Commercial structure and other assets Standing trees and crops Definition of Entitled Person Legal titleholders Legal title holder Compensation Policy Right to salvage materials from structure and other assets with no deductions from replacement value. Additional compensation for vulnerable households. Replacement value of the structure and other assets (or part of the structure and other assets, if remainder is viable). Fees, taxes, and other charges related to replacement structure. One time financial Rs. 25,000/- per structure. Shifting Rs. 10,000/- per household. Right to salvage materials from structure and other assets with no deductions from replacement value. Additional compensation for vulnerable households. Notice to harvest standing seasonal crops If notice cannot be provided, compensation for standing crop (or share of crop for sharecroppers) at market value Compensation for trees based on timber value at market price, and compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops. All impacts Vulnerable APs In case of total loss of land, a total dependency on agriculture, and a total loss of structures, land-for-land and structure-for-structure compensation if signified by the AP. Additional one time financial assistance equivalent to five hundred days minimum agricultural wages. Vulnerable households will be given priority in project construction employment. Land temporarily required for sub-project construction Legal titleholders, Provision of rent for period of occupation for legal titleholders. Compensation for assets lost at replacement value, and trees and crop loss in accordance with item 4. Restoration of land to previous or better quality Responsible Agency assistance, verify and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will determine replacement value. The EA will verify the extent of impacts through a 100% survey of AFs determine assistance, verify and identify vulnerable households. The EA will ensure provision of notice. The EA through its LAO and appropriate department/valuation committee will undertake valuation of standing crops, perennial crops and trees, and finalize compensation rates in consultation with APs. The EA will verify the extent of impacts through a 100% surveys of AFs determine assistance, verify and identify vulnerable households. The EA through its LAO and appropriate department/valuation committee will determine rental value and duration of construction survey and consultation with APs. PMU will ensure compensation is paid prior to site being takenover by contractor. Contractor will be responsible for site restoration. 54

55 Type of Loss 7 Overall loss to the project impact area 8 Any other loss not identified Application Infrastructure, other social and cultural assets Definition of Entitled Person Local Area Committee Compensation Policy 1.5% of the total project cost 10 to be spent for the development of local area. 1% share of the revenue generated during the life of project to affected panchayat Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Framework. Responsible Agency The EA/PMU/HPPCL/Local Area Development Council (LADC)/ Appropriate Government. The EA will ascertain the nature and extent of such loss. The EA will finalize the entitlements in line with the Resettlement Framework. 7.3 Valuation of Assets 84. Land: All lands proposed to be acquired under this project will be compensated as per replacement cost and will be paid in cash. The land acquisition process will follow the national law, Land Acquisition Act, However, in this case, the rates have been mutually negotiated by HPPCL and the AFs. As third party requirements for a neutral valuation, office of the district commissioner or its representative (Tehasildar in this case) was also involved. Separate negotiation meeting was held for each Panchayat with the representative from each affected pancyatat and the AFs.. The members of the committee are General Manager (GM) of SKHEP subproject from HPPCL; Deputy General Manager (DGM), finance of SKHEP subproject from HPPCL and Tehasildar and the deputy Tehasildar of the concerned panchayat (representative of district commissioner/ revenue department and as deputed by the DC, Kinnaur district). The land owner was asked to share their views on the expected rate they wish to get and it was noted that the AFs demanded Rupees 120, 000 (Rupees one lakc twenty thousand) per biswa 12. However, the negotiation was finalized at Rs. 104,000 equivalent to Rs. 2,76,000,00 per hectare which is Rs million per ha irrespective of type & classification of land. The rate has been fixed as the standard for all the affected pancyats irrespective of the different villages and the use of land. This is considered to be one of the highest compensations paid in India as some of the land also does not remain usable because of the major flood few years ago where the land was merged in to the river bed. A copy of the minutes of negotiation meetings along with the outcome of meeting in one of the affected panchayats held at Ralli/Mebar on is provided in Annexure Structures: The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation and will be paid in cash. HPPCL through appropriate department/valuation committee will verify replacement value. HPPCL will determine the replacement cost of structures in consultation with the owners by assessing the structures by its use and construction type. The assessment of the structures is yet to be initiated by HPPCL. However, for the purpose of budget in this RP, a lump sum amount has been taken to calculate the replacement cost. Additional assistance as applicable and as per the eligibility of AFs as mentioned in the entitlement matrix will be paid to the AFs in cash. The loss of structure is very minimal in the subproject; therefore, the process will not be time consuming. 10 As per the provision spelled in Himachal Pradesh Hydro Policy, As per the new provisions made under the directorate of energy, One Biswa is approximately square meters. 20 Biswa is one Bigha Bigha is one Hectare. 55

56 86. Trees: Compensation for trees will be based on their market value. Loss of timber trees will be compensated at their replacement cost while the compensation for the loss of fruit trees will be calculated as annual produce value for next productive years depending on the nature of trees. HPPCL will engage concerned department, i.e., horticulture department to assess the value for trees. 56

57 CHAPTER 8: RELOCATION AND INCOME RESTORATION 8.1 Need for Relocation 87. Efforts have been made during the project planning stage to minimize the resettlement. None of the AFs are to be rendered landless in the subproject land acquisition. Similarly, no squatters or non-titleholders are getting affected and all the titleholders affected by the subproject are partially losing their land. The loss of 6 structures comprising of 2 residential structure and 4 residential cum small shops will not result in houseless or complete loss of livelihood. These AFs have their alternate place to rebuild their house since these affected structures (residence and small shop) are being used as standby. Provision for compensation and additional assistance such as shifting allowances have been made in the RP. 8.2 Income Restoration Measures Basic provision as per the RP and RF 88. The AFs losing their livelihoods in the subproject includes titleholders losing land who are considered to be economically displaced and AFs having commercial structures which are residential cum commercial/small shops in this case. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the HPPCL will promptly compensate for the loss of income or livelihood sources at full replacement cost. HPPCL will also provide assistance such as possible employment opportunities in the project so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-project levels.. Similarly, for the commercial structure, HPPCL will pay the compensation on replacement value with additional one time financial Rs. 25,000/- per structure and Shifting Rs. 10,000/- per household. Hence, the relocation and income restoration strategy is cash based solution which includes additional assistance in the forms of cash to restore the income Other Provisions as per HPPCL s standard R&R initiative 89. In addition to the provisions made in the RP and RF in the form of cash, HPPCL has their own schemes which run parallel to contribute towards income restoration. There are various schemes adopted by HPPCL as their standard practice which are applicable to all of their projects irrespective of self funded or donor funded projects. Some of the relevant schemes are described below: a) Skill Up-Gradation of Project Affected Families as R& R Measure - Scheme for Technical Training of Local Youth in Project Affected Area/Zone 90. Local population residing in Project Affected Areas expects employment with the power projects being constructed in their locality. However, for the Project Authorities it is not possible to give employment to unqualified persons. Therefore, there is a need for encouraging local youth to acquire technical qualifications. A scheme has been formulated for providing education in technical field in Industrial Training Institutes (ITIs) of the State for local youth residing in Project Affected Areas. Seats are to be purchased in various government ITIs so that students of Project Affected Area/Zone who cannot compete in open competitions are able to get admission on sponsored seats. This is a fully sponsored scheme of HPPCL with an objective to 57

58 upgrade the skill of PAFs for enhanced employability. Sponsored candidates are also entitled for month. b) Merit Scholarship Scheme for the Wards of Project Affected Families 91. With a view to improve literacy and educational standards in the Project Affected Area of all the projects being executed by it leading to increased employability, the HPPCL intends to institute a merit scholarship scheme besides contributing to educational institutions by way of infrastructure support. The Merit Scholarship Scheme seeks to help the wards of Project Affected Families (PAF) pursue their education. The scheme aims at enhancing educational standards and employability of the wards of PAF and minimizes dropouts of meritorious but financially not sound students. c) Special Benefits to ST PAFs - Scheme for providing compensation in lieu of Forest-Rights 92. In the approved Standard R&R Plan of the HPPCL, there are certain provisions for R&R Benefits for PAF s belonging to ST & SC. One of the provisions is regarding providing 500 days wages in lieu of forest rights. The provision reads as, Each ST family will get an addition one time financial assistance of 500 days minimum wages for labour for loss of customary right s or usage of forest produce. This scheme is formulated with an objective to to provide compensation to the affected ST (Scheduled Tribe) PAFs for loss of benefits accruing due to exercise of customary forest rights and in return obtaining their cooperation for construction of project and to restore their livelihood. d) Scheme for Providing Assistance to Project Affected Families for Self Employment 93. The most sought after measure of rehabilitation and resettlement (R&R) by Project Affected Families (PAF) and Project Affected Persons (PAP) in all the projects of HPPCL is employment. It is a cherished desire of HPPCL also to provide employment to the maximum possible number of people from PAF and PAP and in this regard, contrary to the putative understanding, it views the employment as a means to earning livelihood beyond government or government owned corporation s service. While it wants to help the PAFs and PAPs in their quest for employment without compromising organization s capability and competitiveness, it is not possible for HPPCL to employ all the PAFs and PAPs on its rolls. As such, HPPCL wants to help the PAF and PAP to become self-employed and in the process provide employment to others also. Self-employment in the form of entrepreneurship to start one s own business is the most potent measure to rehabilitate and resettle the affected people. Keeping in view this overarching goal, the present scheme is formulated. 94. Specific objectives are as follows to assist families who were self-employed and whose occupation has adversely been affected by HPPCL project to provide assistance for alternate employment including self-employment to PAFs and PAPs to assist families for starting their own occupation towards becoming self-employed and also becoming capable to provide employment to others. 58

59 95. The basic concept of the schemes includes the following: self employment through small business venture like small industry, agriculture, horticulture, animal husbandry or any service activity is taken by one family/one member in the family, activity may be taken up in group if it is large, formation of group, consisting of beneficiaries selection of activity based on previous experience/knowledge of beneficiaries. 96. Various strategies adopted are organizing of Camp-Creating awareness, imparting training- In technical aspect and identification of beneficiaries. HPPCL will fix certain eligibility criteria which include the following: only MPAF/PAF/ resident of PAA may also be considered one adult member, employment on regular basis has not been provided by HPPCL to his/her family recommendation of head of family should have minimum qualification and Person having assistance from other government agency are not debarred. 97. Financial Norm of the schemes includes the following: Financial assistance - Rs. 50,000/- (Sole); In case of joint applicants- amount of assistance be multiples of application. Assistance be provided in 3 or 4 installments. Amount will release to individual through bank. Subsidy portion can be released to bank, if it agrees to release the corresponding amount. 98. Implementation Mechanism will be as follows: Formation of Self Help Group by the project R&R Staff. PAFs can become member of other group set up by other agency/bank. Formation of Proposal-Technical person of concerned State Deptt, Bank, DRDA etc. Verification of Proposal includes-status of PAF or residence in PAA be done by project R&R Staff. Implementation of Scheme may be started after notification of sanction 4 of LAA & remain in force for a period of 5 years after commissioning of the project. e) Scheme for compensation for minor minerals 99. For construction of HEPs, large tracts of land required, both, private and government ownership. Govt. Owned lands include river beds and other similar areas also from where people and/or panchayats have been extracting minor minerals. When such lands are acquired or diverted - benefit and income there from ceases to accrue. If land happens to be government land, all payments are received by the concerned department and no compensation is paid to people or Panchayat in lieu of impact on their customary rights. Therefore, HPPCL has initiated this scheme with certain objectives and and general scenarios such as (i) minor mineral auctioned by the Gram Panchayat (GP) and it receives payment in one-go or in installments, 59

60 which after paying royalty etc it shares with people of the GP, (ii) a body authorized by GP auctions the site and receives payment, which after settling government dues is shared amongst people and (iii) tract concerned is in private ownership and the owner receives payment Local Area Development Fund and the revised LADF guidelines 100. The Local Area Development Fund (LADF), though directly not related to income restoration measures, however, it is worth mentioning that the LADF provision of HPPCL indirectly contributes to the overall development of the project area. The Governor, Himachal Pradesh notifies the revised Guidelines for management of Local Area Development Fund (LADF) in respect of.hydro Electric Projects. These guidelines supersede the guidelines notified earlier vide No: MPP~F(10)-15/2006,dated 16~ Background: 101. The Hydro Power Policy, 2006, provides that 1.5% of the final cost of the projects above 5.MW and 1% of the final cost of projects up.to 5MW shall be contributed to a Local Area Development Fund (LADF). This provision is applicable for new as well as ongoing projects at the time of notification of the policy. The Guidelines for management of Local Area Development Fund (LADF') in respect of Hydro -Electric Projects were notified vide no: MPP-F-(l0) 15/2006 dated Thereafter Government of HP vide:"notification No.-MPP-F(I}-2/2005-V dated has brought in additional provisions in line with the provisions of Government of India's new Hydro Power Policy, a. Additional 1% (one percent) free power after commissioning of hydro power projects shall be earmarked for the LADF to provide a regular stream of revenue for income generation and welfare schemes, creation of additional infrastructure-and common facilities etc. on a sustained and continued basis over the Life of the project 104. b. The government of Himachal Pradesh may also provide.a matching 1% from its share of 12% free power through plan budgetary provisions for schemes where the normal plan/budgetary provisions and the 1% free power provided by the Developer (s) to the LADF is not adequate to meet the requirement for infrastructure or schemes This entire contribution towards Local Area Development Activities is to be maintained in the shape of LADF which will be administered by a committee called Local Area Development Committee (LADC) comprising of various stakeholders including Government departments, project developers and public representatives/nominated members from Project Affected Areas The implementation of this policy and continuous feedback from Project Developers on LADF management have brought up the need to revisit these guidelines in order to administer the LADF and to manage the activities of LADC in an objective, transparent and efficient manner, increase local participation and create a stake of the community in the expeditious harnessing of power potential. A revision of the guidelines is accordingly being carried out. Aims and Objective 60

61 107. While developing hydro power projects, there is an impact on the environment, existing infrastructure, individual and community resources, etc. This needs to be addressed by making appropriate and adequate provisions in the project design and cost. Provision for mitigating these adverse consequences is provided for in schemes 'like Environment Management Plan (EMP), Catchment Area Treatment Plan (CAT Plan), restoration of loss of environment through Compensatory Afforestation and Net Present Value payment, Rehabilitation and Resettlement Plans and compensation for damage to crops due to pollution, etc. In addition, a special provision of Local Area Development Fund (LADF) has been made 'under the State Hydro Power policy to carry out local development activities so as to ensure visible additional benefit to local communities in the project area as part of the cost of a project. Further allocation of this LADF contribution to schemes and purposes needs to be based on pre-determined, objective parameters. The people of the affected area should be aware of the allocations likely to flow to them so that on the one hand gainful infrastructure and local development activities can he planned well in advance and on the other hand local communities develop an interest in expeditious completion of projects. Stages of LADF 108. The LADF shall comprise of contribution by project based on project cost and free power after commissioning as envisaged in the state and national hydro power policies. The hydro project developers in the State shall contribute towards LADF in two stages (i) Prior to Commissioning of the Project The Project developer shall contribute a minimum of 1.50% of final cost of the Project for projects of more than 5 MW capacity and a minimum of 1% for projects' of capacity upto 5 MW. While the project authorities have, to contribute-minimum of 1.5% or 1% (as the case may be) of project cost to LADF, they may contribute more if they so desire. Initially the LADF, will be worked out on the basis of the Project cost as per DPR for depositing with the concerned DC. After completion of the Project, the LADF will be worked out on the final completed cost. The LADC will prepare the shelf of schemes with specific aim at new Infrastructural schemes as follows: Drinking water/irrigation/school buildings/health centres/pucca roads/pucca paths, markets, bus stand, solid waste disposal, sanitation, Community Centres, MM Bhawan, Panchayat Bhawan, sanitation waste disposal, Creation of income generating assets for Panchayat, Creation of community places of worship, cremation/burial First Priority Renovation/special repairs/maintenance of existing infrastructure i.e. buildings like schools/health sub centres/community halls/roads/ paths/ water supply and irrigation schemes/ places of worship, Shops/other income generating assets of Panchayats, Panchayat Bhawan, MM Bhawan Second Priority. Soil conservation/water shed/land scaping/parks/playgrounds/kacha paths/ flood protection works and retaining walls Third priority (ii) After commissioning of the Project: Project developers of all' capacities shall contribute 1% free power for LADF over and above the rates of royalty, agreed to be paid to the State Government in the Implementation Agreement/ Supplementary Implementation Agreement,' as the case may be. This additional 1% (one percent) free power, over, and above the royalty component provided to the host State will be a 61

62 pass through in tariff. The revenue collected, by the Nodal Agency (Directorate of Energy) from sale of such 1% free power (contribution from the Project Developer) will be transferred to the Local Area Development Fund for each project. The 1% free power contribution to LADF shall be sold by the state government along with its share,of free power. The amount equivalent to average net realization per unit multiplied by the number of units for which 1% is to be paid will be placed at the disposal, of LADC annually. The average price per unit will be worked out on the basis of net proceeds of total free power sale by GoRP divided by total number of units involved, after allowing 1 paisa per unit to be retained' by the State Government' as the expenses of Directorate of Energy. 62

63 CHAPTER 9: RESETTLEMENT BUDGET AND FINANCING PLAN 9.1 General 111. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and administrative cost in project implementation are part of the overall project cost. Additionally, cost allotted for HPPCL s provision for various R&R schemes and CSR activity are also included. The unit cost for land has been determined through negotiation. Other assets and particulars in this budget have been derived through rapid field appraisal, consultation with affected families, relevant local authorities and reference from old practices. Contingency provisions have also been made to take into account variations from this estimate. It may be noted that the cost estimated in the RP is indicative and there may be variation during the implementation. Some of the features of this R&R cost estimate are outlined below: Compensation for land compensation for structures (residential/commercial) Compensation for trees Transitional assistance Assistance in lieu of the loss of business and livelihood Assistance for shifting of the structures Assistance for the documentation and administrative fees Assistance for vulnerable groups which is special benefits to ST PAFs - Scheme for providing compensation in lieu of Forest-Rights Cost for implementation of RP. Cost for HPPCL s other R&R schemes 9.2 Compensation 112. Private Land: The unit rate for agricultural land has been assessed as Rs 27,600,000 per hectare equivalent to Rs million per Ha. This has been determined through mutual negotiation and agreed by the AFs 113. Fruit Trees: The unit cost per tree is calculated based on its typology and productivity Fruit trees being affected are apple, almond and apricot. The cost of each trees have been calculated depending on the yearly income from the tree and multiplied in to the remaining productive life of the tree. However the rate will finally be revised by the appropriate department prior to the payments. Computation of various trees are described as follows: 114. Apple tree: The total number of apple tree is 25. The average yielding per year from each tree is 10 boxes (each box consists of approximately 20 kilogram) and amounts to be Rs.1500 per box. The total yielding (10 boxes) per tree per year is assessed to be Rs. 15,000. The average remaining productive year of the tree is 10 years. Therefore, unit cost per apple tree is considered as Rs.150, Almond: The total number of almond tree trees is 11. Average annual yielding per year per each tree is 15 kilogram. The rate of almond per kilogram is Rs.400. Total yielding per year 63

64 per tree is Rs. 6,000. The average remaining productive year of almond tree is 15 years Therefore, unit cost per almond tree is considered as Rs Apricot: The total number of apricot tree trees is 15. Average annual yielding per year per each tree is 15 kilogram. The rate of almond per kilogram is Rs.300. Total yielding per year per tree is Rs. 4,500. The average remaining productive year of almond tree is 15 years Therefore, unit cost per almond tree is considered as Rs.67, Non-Fruit Trees: Non fruit trees in the subproject are small fodder trees. Total number of non fruit trees is 103. The unit cost per tree is calculated based on timber value and assed on lump sum which is Rs Structures/ Buildings: The unit rate for structures and buildings have been derived on a lump sum basis based on the feedback from AFs which is Rs. 1,000,000. This will further be revised and finalized during the final assessment by relevant departments 9.3 Assistance 119. Documentation fees for titleholders: The unit cost has been derived on a lump sum basis, which is Rs. 10,000/- per Displaced Households as per the standard rate being practiced in the local revenue department for transacting and buying or selling the land Shifting Allowance: This has been calculated on a lump sum basis as Rs.10, 000/- per affected structure which are to be affected 121. Transitional Assistance: This has been calculated based on three months of minimum daily wage rates. The usual wage rate as per day is Rs. 120/- and therefore the unit rate per AF losing private land is Rs. 11, 250/ Loss of business in commercial structure/small shop: This has been calculated on a lump sum basis which is Rs. 25,000/- for each loss of each commercial structure/small shop Assitance for Vulnerable AFs / Special Benefits to ST PAFs under the scheme for providing compensation in lieu of Forest-Rights: The unit rate is derived based on 500days of minimum wage. The usual wage rate per day is Rs.125, therefore, the unit rate per AF is Rs.62, RP Implementation and Support Cost 124. Resettlement Specialist/Consultants at ESMU/PIU: One Resettlement Specialist will be involved for a period of 24 person months.the unit cost for the resettlement specialist will be Rs. 60,000/- per person-month External Expert: The unit cost for hiring external expert for monitoring has been calculated on a lump sum basis at Rs.1,000,000/-. This is based on informal consultation and feedback received from the local staff Administrative Cost: This includes the cost related to hiring of vehicle, printing of documents and other logistics for the staff of HPPCL (ESMU/PIU) on site for implementation, costs for carrying out consultations, cost for running the grievance redress mechanism and monitoring of the RP. A lump sum of Rs. 1,000,000 64

65 9.5 Other Cost 127. Other cost includes HPPCL s initiative on R&R and CSR schemes (Local Area Development fund, Compensation for forest, mine and minerals, Training and awareness Camp, Merit and Support scholarship, CBO, school competition&varshik Mela, Self employment scheme). The cost is taken on a lump sum basis based on the feedback from HPPCL and their allotted budget Costs will be updated during implementation. A 10% contingency has been added. Based on the above, resettlement budget has been calculated which is indicative. The total land acquisition and resettlement cost for the tranche-4 SKHEP subproject is estimated to be Rs million equivalents to USD million. The details are given in Table 9.1 Table 9.1: Resettlement Budget Sl. No. Item Unit Rate per Unit (In Quantity Cost (In Rs) Rs) A Compensation 1 Compensation for private Land Hectare 2,76,00, ,30,40,960 2 Compensation for Trees 3 (i) Apple Trees Number 1,50, ,50,000 4 (ii) Almond Trees Number 90, ,90,000 5 (iii) Apricot Number 67, ,12,500 6 (iii) Non fruit trees Number ,500 7 Compensation for Structure Lump sum 10,00, ,00,000 Sub Total A 18,48,44,960 B Assistance 1 Documentation fees for title holders Lump sum 10, ,10,000 2 Transitional Allowance (@ 3 months Lump sum 11, ,86,250 of minimum wage) 3 Shifting Allowance Lump sum 10, ,000 4 One Time Financial Assistance to Lump sum 25, ,00,000 Commercial Structure 5 Assistance for ST families in lieu of Lump sum 62, ,12,500 forest right Sub Total B 1,19,68,750 C Support Cost for RP Implementation 1 Resettlement Specialist (ESMU) at person month 14,40,000 60,000 PIU 24 2 External Monitoring Expert Lump sum 10,00,000 10,00, Miscellaneous Administrative Cost Lump sum 10,00,000 10,00,000 Sub Total C 34,40,000 D Other Cost HPPCL's other initiative on various Lump sum 37,66,15,000 R&R Schemes Sub Total D 37,66,15,000 Total R&R Cost (A+B+C+D) 57,68,68,710 % of the total R&R Cost 5,76,86,871 65

66 Grand Total 63,45,55,581 Grand Total in Million Rupees Grand Total in Million US$ Source of Financing 129. HPPCL) has already ensured the allocation of funds for compensation to be paid for land acquisition. The EA will allocate in advance the funds for resettlement and rehabilitation grant and implementation of resettlement plan. HPPCL has already planned in advance in its annual budget to keep this cost for the R&R activities. 66

67 CHAPTER 10: INSTITUTIONAL ARRANGEMENTS 10.1 General 130. The implementation of RP requires involvement of various institutions at different stages of project cycle. This section deals with roles and responsibilities of various institutions for a successful implementation of the RP. It is noted that the Program (MFF) has been under implementation and the previous tranche subprojects are under implementation, therefore, all the necessary institutions are already in place which are functional. Additionally, the relevant staff has been trained by practice to deal with safeguards issues. The same will function for the tranche-4 subproject implementation. The primary institutions to be involved in the process are as follows: Department of Power, Government of Himachal Pradesh (Over all Coordination) Himachal Pradesh Power Corporation Limited (EA and IA) Project Management Unit (PMU) Environment and Social Management Unit (ESMU) at PMU Level Project Implementation Unit (PIU) Grievance Redressal Committee (GRC) which is the Local Area Development committee (LADC) in this case. Implementing Non Government Organization (NGO)/Community Based Organization (CBO) 10.2 Executing Agency and Implementing Agency (EA &IA) 131. The Department of Power, Government of Himachal Pradesh will function as the overall coordination body of the proposed MFF. The Himachal Pradesh Power Corporation Limited (HPPCL) is the executing agency (EA) for the proposed HPCEDIP. The HPPCL will also function as the implementing agency (IA) for HPCEDIP which will have specific Project Management Unit (PMU). There will be PIU at field level and the subproject will be implemented independently through the PIU. Additionally, the EA/IA will ensure that the office of the DC and its concerned staff are be involved during the land acquisition process Project Management Unit and Project Implementation Unit in HPPCL 132. The PMU in HPPCL has already been set up for the overall implementation of the sub project activities. PMU is responsible for planning, coordinating, implementing and financing the resettlement activities. PMU is operational at the corporate level, Shimla and will look after all the ADB funded programs. In addition to PMU, a PIU has already been set up at Reckong Peo with a site office at Ralli village which are well staffed. PIU will be responsible for the field level activities and responsible for implementation of tranche-4 subproject including all the safeguards requirements. The PMU is staffed with various engineers of HPPCL. Additionally, the PMU is staffed with an Environment and Social Management Unit (ESMU) headed by the chief environment cum RR officer to deal with the safeguards issues Environment and Social Management Unit (ESMU) 133. Environment and Social Management Unit (ESMU) has already been set up within the PMU/HPPCL along with other engineering units to address environmental and social issues of 67

68 the HPCEIDP, and is headed by chief Environment cum Social and RR specialist and staffed with environment, social and RR specialists. For Shongtong (Tranche-4) subproject RP, PMU will do the overall coordination, preparation, planning, implementation, and financing. The ESMU, as part of the PMU, will work closely with other staff of the PMU and will be specifically looking after the safeguards issues. The ESMU will assist the PMU for getting all the necessary clearances and implementation of the resettlement activities prior to start of any civil work. From time to time, where required, the ESMU will outsource the implementation of resettlement activities to local NGO s / women / community based civil society groups active in the area. The ESMU will coordinate safeguard activities both at headquarter and PIU level. All activities will be managed and supervised by the Chief ESMU Environment, Social and RR Specialist based at corporate level. The PIU at field level will also have Junior resettlement specialists involved at the PIU level. All safeguard specialists will work closely with the PMU staff and will report back to the head of the PMU At this PIU level, the junior resettlement specialist (referred to as Junior Resettlement Officer- JRO) has been be designated for coordinating the R&R activities at the subproject level. He/she will be assisted by field level engineering staff and the LAO and other required support staffs. The PIU will maintain all databases, work closely with DPs and other stakeholders and monitor the day today resettlement activities. The specialist at PIU level, will supply all the field level input to the PMU and to the head of the ESMU. Some of the specific tasks to be performed by PIU include the following: To coordinate with local administration for land acquisition; Translation of RP in local language and its disclosure; Liaison with local administration for dovetailing government s income generating and developmental programs for the APs; Registering, surveying, recording, and documenting the inventory of economic and non-economic assets of all affected households. Where required, this function may be outsourced to a local NGO / CBO group; Ensure the inclusion of those APs who may have not been covered during the census survey; Facilitate the opening of accounts in local banks to transfer assistance to APs, and organize the disbursement of compensation for assistance; Ensure the smooth implementation of R&R schemes of HPPCL Monitor physical and financial progress on land acquisition and R&R activities; Participate in regular meetings in GRC; Organize monthly meetings to review the progress on R&R. Work closely with the CBO 10.5 Implementing NGO/CBO 135. The land acquisition is being done by the EA. It was proposed in the RF that an experienced NGO will be involved for the implementation of the resettlement plan. However, as per the standard practice of HPPCL s R&R scheme, a CBO has been engaged for the same purpose. The CBO is the Mahila Mandal (Women Organization) of the affected village in this case. One of the objectibes and attempts of HPPCL to engage the CBO is to make the CBO as socially inclusive and how the CBO will focus more on the benefits of women.the CBO will educate the APs on the need to implement the subproject, on aspects relating to resettlement and rehabilitation measures and ensure proper utilization of various compensations and 68

69 assistances extended to the APs under the R&R entitlement package. The CBO will be the link between the PMU/PIU and APs. Additionally, the role of the CBO is also to create self help group among the women in the project area and to create some income benefits schemes among the women through their activities whch are in terms of vocational training and doing small scale business activities such as organizing functions etc in the villages. Details on the scope and tasks of the CBO are provided in Annexure Specific tasks of the NGO are as follows: Work under close coordination of the PMU, PIU and ESMU to implement the RP. Involve the elected representatives and local leaders, wherever necessary to implement the RP to facilitate transparency in the process and public participation. Assist the PMU/PIU in dissemination of the RP and other resettlement related information. Take lead in joint verification and identification of APs. Identify the vulnerable households, sharecroppers, tenants and non-titleholders (if required). Through counseling and awareness generation, resolve the grievances of the affected persons. Put forth the unresolved grievances of the APs to the GRC. Generate awareness about the livelihood restoration activities, and help the APs to make informed choices. Including assisting APs in participating in government development programs. Assist in disbursement of compensation and assistance. Participate in public meetings as and when required The roles and responsibilities of various institutions to be involved in implementation of resettlement activities are summarized in Table 10.1 Table 10.1: Roles and Responsibilities of Agencies in Resettlement Implementation Activity Responsible Agency Sub-project Initiation Stage Setting up of ESMU and staff HPPCL Finalization of sites for sub-projects HPPCL /PMU/PIU Disclosure of proposed land acquisition and sub-project details HPPCL/PMU/ESMU by issuing Public Notice Meetings at community/household level with DPs HPPCL/ESMU/PMU/PIU Formation of Valuation Committee (VC) HPPCL/PMU/PIU/ Appropriate Government RP Preparation and Updating Stage Conducting Census of all DPs PMU/PIU/ESMU/ Land Acquisition Officer (LAO) Conducting FGDs/meetings/workshops PMU/PIU/ESMU Computation of replacement values of land/properties proposed PMU/PIU/ESMU for acquisition and for associated assets Categorization of DPs for finalizing entitlements PMU/PIU/ESMU/LAO Formulating compensation and rehabilitation measures PMU/PIU/ESMU/LAO Conducting discussions/meetings/workshops with DPs and PMU/PIU/ESMU other stakeholders 69

70 Fixing compensation for land/property with titleholders Finalizing entitlements and rehabilitation packages Disclosure of final entitlements and rehabilitation packages Approval of RP Sale deed execution and payment VC/PMU/PIU/ESMU/AO PMU/PIU/ESMU/LAO PMU/PIU/ESMU EA/PMU/ESMU/ADB EA/PMU/ESMU/LAO/Appropriate Government/ EA/HPPCL//PMU Taking possession of land RP Implementation Stage Updation of various categories of DPs PMU/PIU/ESMU/LAO/CBO Implementation of proposed rehabilitation measures PMU/PIU/ESMU/LAO/CBO Consultations with DPs during rehabilitation activities PMU/PIU/ESMU/CBO Grievances redressal PMU/PIU/ESMU/GRC/CBO Income restoration and relocation PMU/PIU/ESMU/CBO Monitoring PMU/PIU/ ESMU/External Expert ADB-Asian Development Bank, AP-affected person, EA-Executing Agency, ESMU-Environment and Social Management Unit, FGD-focus group discussion, GRC-Grievance Redress Committee, HPPCL- Himachal Pradesh Power Corporation Limited, LAO-Land Acquisition Officer, PIU- Project Implementation Unit, Project Management Unit, RP-resettlement plan, VC-Valuation Committee 70

71 CHAPTER 11: IMPLEMENTATION SCHEDULE 11.1 General 137. The implementation schedule for resettlement plan will be scheduled as per the overall sub project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to commencement of civil works. Public consultation, monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. As part of advance actions, the EA will establish the PMU, PIU, ESMU and GRC for resettlement implementation. This advance action has already been taken by the HPPCL for the Shongtong Karchham sub project. The proposed subproject R&R activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases are project preparation phase, RP implementation phase, Monitoring and Evaluation phase Project Preparatory Stage (Pre-Implementation Stage) 138. Setting up relevant institutions for the resettlement activities will be the major task during the preparatory stage which is pre implementation phase. The major activities to be performed in this period include establishment of PMU, PIU, ESMU. Additionally, the GRC needs to be appointed at this stage. This has already been in place in this case RP Implementation Stage 139. The RP, at this stage, needs to be approved by ADB and will be disclosed to the DPs. Upon the approval of RP, all the arrangements for fixing the compensation and the disbursement needs to be done which includes payment of all eligible assistance; relocation of APs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally commencement of the civil work. However, the EA, in the case of Shongtong Karchham subproject, has already initiated the land acquisition process. Considering the lengthy and time taking process for land acquisition, this step has been taken by the EA in advance which is being followed as per the national laws and regulations. The land acquisition and payment of compensation to the AFs/APs have already been completed to the maximum extent (approximately 95%). However, the implementation of resettlement and rehabilitation grant and assistance will be commenced soon as part of the RP implementation at this stage Monitoring Stage 140. Monitoring will be the responsibility of PMU, PIU and ESMU and will start early during the project when implementation of RP starts and will continue till the complementation of the subproject. The external expert will be responsible for carrying out the monitoring in half yearly basis Implementation Schedule 71

72 141. A composite implementation schedule for R&R activities in the subproject including various sub tasks and time line matching with civil work schedule is prepared and presented in Table: Table 11.1: Implementation Schedule Year Subproject R&R Component/Activities A. Project Preparation Phase (Pre Implementation)- Already completed Identification of sub project and notification Identification of sub project and notification Establishment of PMU and PIU Establishment of ESMU Establishment of GRC B. RP Preparation Identification of land and Census Survey Community Consultation Submission of RP for ADB Approval Disclosure of RP B. RP Implementation Issue compensation to AF/AP for land acquisition Possession of Land Payment of all eligible assistance Initiation of Rehabilitation Measures Relocation and Income Restoration Schedule for Civil Work C. Grievance Redress Grievance Redress Process D. Monitoring Monitoring Monitoring by External Expert ADB-Asian Development Bank, AF-Affected Family, AP-affected person, ESMU-Environment and Social Management Unit, GRC-Grievance Redress Committee, PIU- Project Implementation Unit, PMU-Project Management Unit and RP-resettlement plan 72

73 CHAPTER 12: MONITORING AND REPORTING 12.1 General 142. RP implementation will be closely monitored to with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. Monitoring will be undertaken by the PIU through its resettlement officer with assistance from the PMU/ESMU. The extent of monitoring activities, including their scope and periodicity, will be commensurate with the project s risks and impacts. HPPCL is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. ADB will require HPPCL to: establish and maintain procedures to monitor the progress of implementation of safeguard plans, verify the compliance with safeguard measures and their progress toward intended outcomes, document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports, follow up on these actions to ensure progress toward the desired outcomes, retain qualified and experienced external expert to verify monitoring information for projects with significant impacts and risks, Submit periodic monitoring reports (half yearly) on safeguard measures as agreed with ADB Monitoring by PIU/HPPCL 143. Monitoring for RP implementation will be carried out during the entire project period. Regular monitoring of resettlement progress will identify potential difficulties and problem areas. One of the main roles of PIU will be to see proper and timely implementation of all activities in RP. Monitoring will be a regular activity for PIU and Resettlement Officer at this level will see the timely implementation of R&R activities and will prepare reports on the progress of RP Implementation. PIU will collect information from the project site and assimilate in the form of report to assess the progress and results of RP implementation and adjust work program where necessary, in case of delays or any implementation problems as identified. This monitoring will form parts of regular activity and reporting on this will be extremely important in order to undertake mid-way corrective steps. HPPCL monitoring will include daily planning, implementation, feedback and trouble shooting, individual DP file maintenance, community relationships, dates for consultations, number of appeals placed and progress reports. Monitoring reports documenting progress on resettlement implementation and RP completion reports will be provided by the PMU to ADB for review. Additionally, ADB will monitor projects on an ongoing basis until a project completion report is issued. Monthly progress reports will be prepared and submitted to the PMU. The monitoring by PIU will include the following: (i) (ii) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual AP database maintenance, and progress reports; socio-economic monitoring: Using baseline information for comparing AP socio-economic conditions, 73

74 (iii) Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the affected persons. Monitoring reports documenting progress on resettlement implementation and RP completion reports will be provided by the PIU to PMU for review and approval from ADB Monitoring Indicators 144. The indicators for achievement of objectives during RP implementation are as follows: Process Indicators: Indicating project inputs, expenditure, staff deployment, etc. Output Indicators: Indicating results in terms of numbers of APs compensated, area of temporarily occupied lands restored with topsoil (and other pre-project features), number of APs provided with skills training, etc. Impact indicators: related to the longer-term effect of the project on people's lives 145. Input and output indicators related to physical progress of the work will include items such as: Training of PIU and other staff completed Census, assets inventories, assessments and socio-economic studies completed Grievance redress procedures in-place and functionality Compensation payments disbursed Relocation of APs completed Project employment provided to APs Infrastructure rehabilitated or constructed Income restoration activities initiated Skills training of APs initiated Number of households displaced and resettled, CBO s objectives achieved in terms of gender inclusiveness and benefits Monitoring reports submitted A set of indicators will be used to monitor project s objectives. These indicators will form the basis of the monitoring and evaluation of RP implementation. The information collected through the household survey will provide benchmarks for comparison on the socio-economic status of the DPs in the project implementation period. A key objective will be the estimation of the DPs incomes and quality of lives. If monitoring and documentation done during the first 6 months of RP implementation indicate that these objectives are not being achieved, more resources will be allocated for implementation. During implementation, benchmarks and indicators will be monitored to ensure that comparisons made on socio-economic status including income streams and not just fixed assets lost due to the sub-project Monitoring by External Expert 147. Additionally, HPPCL is required to engage qualified and experienced external experts to verify PIU/PMU monitoring information. The external experts will advise HPPCL on safeguard compliance issues. If they identify any significant involuntary resettlement issues, HPPCL is required to prepare a corrective action plan to address such issues. The external expert with prior experience in resettlement implementation and monitoring will be engaged by the HPPCL. The expert will document: (i) restoration of income levels; (ii) changes and shifts in occupation patterns; (iii) changes in AP type of housing and asset ownership; (iv) assessment of APs 74

75 access to amenities, such as water, electricity, and transportation; (v) performance of the PIU, and PMU in resettlement implementation and (vi) performance of CBO on their activities.. The expert will monitor the project twice a year and submit reports directly to HPPCL. The EA will submit all external monitoring reports to ADB. The broad scope of the external expert are to: Assess whether APs have improved living standards, in terms of income, housing, access to basic amenities, ownership of land and material assets; Monitor schedules and achievement of targets; and Assess whether social development objectives of the project are achieved Reporting Requirements 148. PIU will provide the necessary monitoring input to the ESMU for compilation and PMU through ESMU will be responsible for preparing the overall monitoring report and submitting to ADB on bi-annual basis. The external expert will be responsible for overall monitoring of the subproject and will submit a biannual review directly to HPPCL and ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. 75

76 ANNEXURE 2.1: DETAILED LIST OF AFFECTED FAMILY WITH THE IMPACTS Sr. No. Name of affected owner Name of village Name of Panchayat Total Land holding in Hectare Land to be acquired in Hectare Remaining land after Acquisition in hectare Remaining land after Acquisition (in Square meters) Whether Landless or not as per HP Laws (< 5 bigha equivalent to sqm) Percentage of Loss compared to total land holding Whether Severely Affected (If more than 10% of Productive Asset loss) Social Category (SC/ST/ General 1 Devinder Singh Khawangi Khawangi No 1.63 No ST Yes Nil 2 Inder Sukh Khawangi Khawangi No 3.18 No ST Yes Nil 3 Jeevan Singh Khawangi Khawangi No 0.56 No ST Yes Nil 4 Kapil Dev Khawangi Khawangi No 2.54 No ST Yes Nil 5 Lal Sukh Khawangi Khawangi No 0.83 No ST Yes Nil 6 Prem Lal Khawangi Khawangi No 7.20 No ST Yes Nil 7 Raj Kumar Khawangi Khawangi No 7.20 No ST Yes Nil 8 Rajender Singh Khawangi Khawangi No 1.63 No ST Yes Nil 9 Sardhar Singh Khawangi Khawangi No 1.54 No ST Yes Nil 10 Shiv Lal Khawangi Khawangi No 1.11 No Nil ST Yes 11 Shyam Lal Khawangi Khawangi No 0.81 No ST Yes Nil 12 Subash Chand Khawangi Khawangi No 2.54 No ST Yes Nil 13 Sukh Veer Khawangi Khawangi No 1.73 No ST Yes Nil 14 Suraj Bansi Khawangi Khawangi No 1.09 No ST Yes Nil 15 Vijay Kumar Khawangi Khawangi No 7.21 No ST Yes Nil 16 Ajay Kumar Khawangi Khawangi No 7.21 No ST Yes Nil 17 Vijay Prakash Khawangi Khawangi No 1.00 No ST Yes Nil 18 Anirudh Khawangi Khawangi No Yes ST Yes Nil 19 Pradhuman Singh Khawangi Khawangi No 0.99 ST Yes Nil 20 Satya Devi Khawangi Khawangi No Yes ST Yes Nil 21 Shyam Lal Khawangi Khawangi No 1.00 ST Yes Nil 22 Bhadhur Singh Ralli Mebar No 4.37 No ST Yes Nil 23 Gobind Singh Ralli Mebar No 0.05 No ST Yes Nil 24 Kashav Ram Ralli Mebar No 4.55 No ST Yes Nil 25 Narayan Dass Ralli Mebar No 4.02 No ST Yes Nil 26 Rajender Singh Ralli Mebar No 0.05 No ST Yes Nil 27 Ravinder Singh Ralli Mebar No 0.22 No ST Yes Nil Vulner able househ old Other assetl ike House /struct ure 76

77 Sr. No. 28 Name of affected owner Shamsher Singh Name of village Name of Panchayat Total Land holding in Hectare Land to be acquired in Hectare Ralli Mebar Remaining land after Acquisition in hectare Remaining land after Acquisition (in Square meters) Whether Landless or not as per HP Laws (< 5 bigha equivalent to sqm) Percentage of Loss compared to total land holding Whether Severely Affected (If more than 10% of Productive Asset loss) No 3.75 No Social Category (SC/ST/ General Vulner able househ old Other assetl ike House /struct ure ST Yes Nil 29 Subash Chand Ralli Mebar No 9.65 No ST Yes Nil 30 Surjeet Singh Ralli Mebar No 3.75 No ST Yes Nil 31 Tulva Dev Ralli Mebar No 3.82 No ST Yes Nil 32 Yashwant Singh Ralli Mebar No 4.45 No ST Yes Nil 33 Balwant Singh Ralli Mebar No 0.36 No ST Yes Nil 34 Narender Kumar Ralli Mebar No 0.16 No ST Yes Nil 35 Jagat Pal Ralli Mebar No 1.97 No ST Yes Nil 36 Vidya Prakash Ralli Mebar No 2.88 No ST Yes Nil 37 Rajan Singh Ralli Mebar No 0.36 No ST Yes Nil 38 Bahadur Singh Ralli Mebar No 2.77 No ST Yes Nil 39 Rajesh Kumar Ralli Mebar No 2.23 No ST Yes Nil 40 Amar Singh Ralli Mebar No 4.00 No ST Yes Nil 41 Gian Bhagat Ralli Mebar No 4.00 No ST Yes Nil 42 Sawaran Singh Ralli Mebar No 2.88 No ST Yes Nil 43 Yashwant Singh Ralli Mebar No 1.92 No ST Yes Nil 44 Rob Singh Ralli Mebar No 1.15 No ST Yes Nil 45 Tikkam Singh Ralli Mebar No 2.20 No ST Yes Nil 46 Pramod Kumar Ralli Mebar No 0.82 No ST Yes Nil 47 Smt. Dukuma Pati Ralli Mebar No 4.50 No ST Yes 48 Dalip Kumar Powari/Tangling Powari No 3.71 No ST Yes House 49 Purn Sukh Powari/Tangling Powari No 2.98 No ST Yes Nil 50 Jiya Lal Powari/Tangling Powari No 9.53 No ST Yes Nil 51 Prem Sukh Powari/Tangling Powari No 9.52 No ST Yes Nil 52 Madan Sukh Powari/Tangling Powari No 8.98 No ST Yes Nil 53 Ram Lal Powari/Tangling Powari No 2.03 No ST Yes Nil 54 Bram Dutt Powari/Tangling Powari No 4.14 No ST Yes Nil 55 Basant Ram Powari/Tangling Powari No 4.14 No ST Yes Nil 56 Vidya Sagar Powari/Tangling Powari No 6.86 No ST Yes 57 Nagender Singh Powari/Tangling Powari No 6.42 No ST Yes House & Shop 77

78 Sr. No. Name of affected owner Name of village Name of Panchayat Total Land holding in Hectare Land to be acquired in Hectare Remaining land after Acquisition in hectare Remaining land after Acquisition (in Square meters) Whether Landless or not as per HP Laws (< 5 bigha equivalent to sqm) Percentage of Loss compared to total land holding Whether Severely Affected (If more than 10% of Productive Asset loss) Social Category (SC/ST/ General 58 Mal Nar Powari/Tangling Powari No 6.42 No ST Yes Nil 59 Nardhan Sukh Powari/Tangling Powari No 6.43 No ST Yes Nil 60 Shyam Sukh Powari/Tangling Powari No 0.12 No ST Yes Nil 61 Sher Singh Powari/Tangling Powari No 0.36 No ST Yes Nil 62 Inder Jeet Powari/Tangling Powari No 0.10 No ST Yes Nil 63 Chet Ram Powari/Tangling Powari No 0.24 No ST Yes Nil 64 Jeet Ram Powari/Tangling Powari No Yes ST Yes Nil 65 Manohar Lal Powari/Tangling Powari No Yes Nil ST Yes 66 Lal Sukh Powari/Tangling Powari No 0.51 No ST Yes Nil 67 Rakesh Kumar Powari/Tangling Powari No 0.30 No ST Yes Nil 68 Raj Kumar Powari/Tangling Powari No 3.29 No ST Yes Nil 69 Ravinder Kumar Powari/Tangling Powari No 3.29 No ST Yes Nil 70 Sehat Ram Powari/Tangling Powari No 0.24 No ST Yes Nil 71 Kishori Lal Powari/Tangling Powari No 8.57 No ST Yes Nil 72 Sarjan Dass Powari/Tangling Powari No 7.40 No ST Yes Nil 73 Darshan Dass Powari/Tangling Powari No 6.51 No ST Yes Nil 74 Vinod Kumar Powari/Tangling Powari No 8.30 No ST Yes Nil 75 Bansi Lal Powari/Tangling Powari No 6.21 No ST Yes House & Shop 76 Gulab Singh Powari/Tangling Powari No 6.21 No ST Yes Nil 77 Vidya Krishan Powari/Tangling Powari No Yes ST Yes Nil 78 Heera Singh Powari/Tangling Powari No Yes ST Yes Nil 79 Madan Kumar Powari/Tangling Powari No Yes ST Yes Nil 80 Raghu Lal Powari/Tangling Powari No 7.98 No ST Yes Nil 81 Sant Ram Powari/Tangling Powari No 6.64 No ST Yes Nil 82 Chhaterder Singh Powari/Tangling Powari No 6.00 No ST Yes Nil 83 Sita Ram Powari/Tangling Powari No 0.34 No ST Yes Nil 84 Manak Ram Powari/Tangling Powari No 0.48 No ST Yes Nil 85 Mal Chand Powari/Tangling Powari No Yes ST Yes Nil 86 Ram Chander Powari/Tangling Powari No 4.78 No ST Yes Nil 87 Mal Jeet Powari/Tangling Powari No 5.20 No ST Yes Nil Vulner able househ old Other assetl ike House /struct ure 78

79 Sr. No. Name of affected owner Name of village Name of Panchayat Total Land holding in Hectare Land to be acquired in Hectare Remaining land after Acquisition in hectare Remaining land after Acquisition (in Square meters) Whether Landless or not as per HP Laws (< 5 bigha equivalent to sqm) Percentage of Loss compared to total land holding Whether Severely Affected (If more than 10% of Productive Asset loss) Social Category (SC/ST/ General 88 Bhagat Ram Powari/Tangling Powari No 5.95 No ST Yes Nil 89 Bishan Dass Powari/Tangling Powari No 5.67 No ST Yes Nil 90 Mila Ram Powari/Tangling Powari No 8.55 No ST Yes Nil 91 Tashi Sanam Powari/Tangling Powari No 8.71 No ST Yes Nil 92 Layak Ram Powari/Tangling Powari No Yes ST Yes Nil 93 Santu lal Powari/Tangling Powari No 2.48 No ST Yes Nil 94 Shanta Devi Powari/Tangling Powari No 0.53 No ST Yes Nil 95 Muni Lal Powari/Tangling Powari No 0.53 No ST Yes Nil 96 Chuni Lal Powari/Tangling Powari No 1.01 No ST Yes Nil 97 Yashwant Singh Powari/Tangling Powari No 0.09 No ST Yes Nil 98 Birbal Singh Powari/Tangling Powari No 0.09 No ST Yes Nil 99 Baldev Singh Powari/Tangling Powari No 0.09 No ST Yes Nil 100 Bhim Singh Powari/Tangling Powari No 0.08 No ST Yes Nil 101 Bhag Zue Powari/Tangling Powari No 7.37 No ST Yes Nil 102 Bhag Chand Powari/Tangling Powari No 9.62 No ST Yes Nil 103 Jai Ram Powari/Tangling Powari No 4.10 No ST Yes Nil 104 Chirag Powari/Tangling Powari No 9.96 No ST Yes Nil 105 Palas Ram Powari/Tangling Powari No 8.04 No ST Yes Nil 106 Prem Sagar Powari/Tangling Powari No 6.58 No ST Yes Nil 107 Lafan Chand Powari/Tangling Powari No 0.09 No ST Yes Nil 108 Rattan Chand Powari/Tangling Powari No 0.10 No ST Yes Nil 109 Ravinder Kumar Powari/Tangling Powari No 0.10 No ST Yes Nil 110 Gialmo Powari/Tangling Powari No Yes ST Yes Nil 111 Dharam Singh Powari/Tangling Powari No 0.04 No ST Yes Nil Raj Krishan Powari No 6.43 No House & 112 Powari/Tangling ST Yes Shop 113 Ram Pratap Powari/Tangling Powari No 6.43 No ST Yes Nil 114 Virender Singh Powari/Tangling Powari No 6.43 No ST Yes Nil 115 Sawdesh Kumar Powari/Tangling Powari No Yes ST Yes Nil 116 Mahender Singh Powari/Tangling Powari No 6.87 No ST Yes Nil 117 Bhagwan Dass Powari/Tangling Powari No 3.43 No ST Yes House Vulner able househ old Other assetl ike House /struct ure 79

80 Sr. No. Name of affected owner Name of village Name of Panchayat Total Land holding in Hectare Land to be acquired in Hectare Remaining land after Acquisition in hectare Remaining land after Acquisition (in Square meters) Whether Landless or not as per HP Laws (< 5 bigha equivalent to sqm) Percentage of Loss compared to total land holding Whether Severely Affected (If more than 10% of Productive Asset loss) Social Category (SC/ST/ General 118 Raj Kumar Powari/Tangling Powari No 3.43 No ST Yes Nil 119 Sangia Patti Powari/Tangling Powari No 8.05 No ST Yes Nil 120 Krishan Kumar Powari/Tangling Powari No 5.09 No ST Yes Nil 121 Krishan Dass Powari/Tangling Powari No 5.09 No ST Yes Nil 122 Rajender Singh Powari/Tangling Powari No 4.99 No ST Yes Nil 123 Mahavir Singh Powari/Tangling Powari No 5.12 No ST Yes Nil 124 Mahender Singh Powari/Tangling Powari No Yes ST Yes Nil 125 Seva Mani Powari/Tangling Powari No 0.10 No ST Yes Nil 126 Sourbh Powari/Tangling Powari No 0.39 No ST Yes Nil 127 Gourav Powari/Tangling Powari No 0.46 No ST Yes Nil Jai Nand Singh 128 Powari/Tangling Powari No 6.52 No Nil ST Yes Mohinder Singh 129 Powari/Tangling Powari No 6.52 No Nil ST Yes 130 Budhi Ram Powari/Tangling Powari No 6.51 No ST Yes Nil 131 Prakash Chand Powari/Tangling Powari No 3.47 No ST Yes Nil 132 Kaushalya Devi Powari/Tangling Powari No Yes ST Yes House & Shop 133 Prem Singh Powari/Tangling Powari No 0.83 No ST Yes Nil 134 Durga Chand Powari/Tangling Powari No Yes ST Yes Nil 135 Bittu Powari/Tangling Powari No Yes ST Yes Nil 136 Heera Dass Powari/Tangling Powari No 8.91 No ST Yes Nil 137 Shyam Sukh Powari/Tangling Powari No 8.12 No ST Yes Nil 138 Ravinder Singh Powari/Tangling Powari No 3.99 No ST Yes Nil 139 Brij Raj Singh Powari/Tangling Powari No 3.76 No ST Yes Nil 140 Devinder Singh Powari/Tangling Powari No 3.99 No ST Yes Nil 141 Prem Singh Powari/Tangling Powari No 3.76 No ST Yes Nil Vulner able househ old Other assetl ike House /struct ure 80

81 Annexure 4.1: Public Consultation at DC office 81

82 82

83 83

84 84

85 85

86 ANNEXURE 4.2: MINUTES OF PUBLIC HEARING Detail of issues raised during Public Hearing on at 11:00 AM for proposed Shongtong-Karchham HEP (Powari-Ralli), organized by H. P. State Pollution Control Board at village Powari, tehsil Kalpa, district Kinnaur H.P.:- Issues Raised Cremation ground near dumping No. 3 should be protected. Confluence point of Tangling Nallah and Satluj river is a holy place which is used for local rituals. Local people have traditional rights and it should be protected and the Confluence point should be developed properly by the project proponent. Local people have customary rights to collect forest produce such as herbs, medicine plants etc. will be damaged and will affect the income source, therefore all the people of district Kinnaur should be included in project affected families. Studies on the affect on downstream projects due to desilting has not been done in EIA/EMP. Impact on water sources and biodiversity due to blasting during construction have not been indicated in EIA/EMP. Design of the project is on the bases of ten years data and viability of the project is not properly designed. Alignment of the power project has been indicated in the EIA/EMP (Figure No. 1) on the right bank of river Satluj where as in figure No. 2 it is shown on the left bank of the river Satluj. In EIA/EMP para-7.5 page No it is mentioned that sand and grit has been collected by M/s JP Karchham-Wangtoo Project from village Jangi and the same query will be used by HPPCL but as a matter of fact this quarry has never been used by M/s J.P. Karchham-Wangtoo Project, which indicates the negligent attitude of agency preparing EIA and as Remarks on the issue raised Project Proponent has assured that the cremation ground shall be protected. Project Proponent has assured that Confluence point of Tangling Nallah and Satluj shall be developed. All the customary rights related to the forest produce will be protected and every care will be taken so that there is no damage to the forest produce. In case some damage is observed the same shall be compensated by the Project Proponent. Sedimentation Chambers four in nos. has been provided for desilting, so no impact on Down Stream projects is envisaged. Project Proponent agreed to conduct studies. Project Proponent clarified that viability of the project has been properly designed. It has been corrected. Sand quarry/grit will be collected from as mentioned in para-7.5 page No.7-18 near village Jangi. 86

87 Issues Raised Remarks on the issue raised such the data given in EIA is doubtful. All the muck dumping sits indicated in the EIA/EMP is on the bank of river Satluj, which is in the flood zone area. In EIA/EMP design of dumping sits has not been shown. What will be the distance of dumping sits from HFL and what will be the angle of repose of muck has not been indicated. Due to construction of tunnels in Kinnaur, the fragile areas are being damaged which can be protected by the use of Tunnel Boring Machine as being used in Parwati Hydle Power Project in Kullu district. There is no mention of TBM in EIA/EMP. It was suggested that TBM should be used for construction of tunnels in district. Kinnaur. District Kinnaur is in Seismic zone - 4 and in the past Kinnaur has observed heavy earthquakes. Therefore, big projects should not come up in Kinnaur. In EIA/EMP seismic factor has not been taken in to consideration. The existence of all the projects in river Satluj basin is in danger because of no international treaty with China on Satluj river. China has constructed many big projects on Satluj basin and is planning to divert Satluj water to Eastern Tibet which is likely to affect the projects in future. All these aspects has not been mentioned in EIA/EMP. Alternative suggestions have been given in EIA/EMP. Suggestion No. 1 to construct dam at Shongtong and to construct tunnel on the right bank of river Satluj is the best option but it has been rejected because of Army Camp near to the proposed Dam. In view of environmental impact and to save property of local people, the suggestion No. 1 may be looked upon. It is apprehended that the religious place, Kinner Kailash and Shivling will be damaged due to construction of Head Race Tunnel. In such an eventuality the religious sentiments of local people will be hurt and due to melting of glaciers on Kinner Kailash mountain flood situation can be observed. Whereas this aspect is not been addressed in EIA/EMP. Project Proponent clarified that muck will be dumped in safe designated dumping sites away from HFL and with adequate safe engineering structure so that there is no seepage of muck into river. It was assured by project proponents that if technically, it is possible, TBM can be used. Seismically project has been designed. No comments. On the basis of technical studies conducted it was decided to construct HRT on the left bank of river satluj. Project Proponent clarified that on the basis of studies conducted it was observed that Kinner Kailash and Shivling are at sufficient height and there is to such threat to Kinner Kailash and Shivling. In view of the fact that number of big projects are Project Proponent informed that disaster 87

88 Issues Raised coming up in Satluj basin and in the year 1988, 1993,1997, 2000 and 2005 devastating floods were observed in river Satluj, therefore study on cumulative impact is required and Disaster management plan should be prepared. 2 % royalty should be given as per Gov. Of India National Hydro-Power policy Whereas instead of this in EIA/EMP only 100 unit free powers for 10 years has been mentioned. Provision of 2 % royalty should be made in R &R plan. As per Himachal Pradesh hydro power policy 2006 provision 15 % release of water from the dam and to provide 70 % employment to the Himachali s have not been mentioned in EIA/EMP. The detail of transmission line is not mentioned in EIA/EMP plan. It is also not mentioned whether there will be separate transmission line or it will be transmitted through integrated transmission line and separate environmental clearance will be obtained for transmission land. In case the project is sold/transferred to any other company in such case fresh NOC of Gram Panchayat should be obtained. Definition of main project affected family is not in accordance to the R&R policy of 2007 of Govt. of India. Base line date of Air quality of the area is mentioned in EIA/EMP but prediction of enhancement of Air pollution has not been given and impact on florafauna is also not mentioned in EIA/EMP. Construction of tunnels and blasting operation will have adverse impact on water sources, is not mentioned in EIA/EMP and how it will be compensated should be made clear. Remarks on the issue raised management plan shall be prepared. The state Govt. has ruled for 1 % royalty as per its norms. A team from National institute of Hydrology, Roorkee will be conducting mathematical modelling for assessment of Environmental flow in April EIA/EMP has been prepared on the bases of per TOR approved by MoEF. Further it was clarified by project as per GoI Regulation power evacuation line for above 250 MW HEPs has to be made by PGCIL. Henceforth PGCIL will make the line and take appropriate environment clearances and inform HPPCL accordingly. Project Proponent clarified that this project will not be sold/ transferred to any other company. It is as per R&R approved by HP State Govt. vide letter No. Rev. (PC) A (10)- 7/2008 dated Necessary action will be taken during construction period. A committee comprising of members of Project Proponent, IPH, revenue and representative of concerned Panchayat will be constituted and documentation including videography/ photography of the existing water sources shall be carried out, before starting the construction work. In case of reduction observed in the flow of water, it shall be 88

89 Issues Raised Remarks on the issue raised compensated by the project proponent. Compensation for enquiring land should be through negotiation. Which area will be developed under CAT plan is not mentioned. Implementation of CAT plan should be prepared on annual basis and Implementation of CAT plan should be under taken consultation of local people/panchayat. Health survey of workers should be conducted. 25 % employment should be given to the local people. All males above the age of 18 years should be treated a separate family and should be incorporated in R & R plan. As forest produce is likely to be destroyed due to construction of project, therefore, families which are depending upon forest produce for their livelihood should also be added in project affected families. Due to submergence of sand / grits quarry in the project local people should be provided sand/grits and it should be made available through for next 40 years and there should be agreement between local people and project proponent. RCC structure should be provided along the banks of reservoir in order to avoid land slide. The Project Proponent agreed for negotiation. It was clarified by the Project Proponent that on page No o table 2/9 of EMP report detail of annual budget has been given. Implementation CAT plan is to be done by forest department. Agreed by the Project Proponent. Employment will be provided to the local people in accordance to the notification of H.P. Government. Project Proponent informed that there is no such provision in R & R plan approved by the State Govt. Project Proponent assured to give only free sand grit to construct two rooms to one family. Project Proponent agreed to provide RCC structure along the banks of reservoir. Attendance Public hearing conducting by H.P. State Pollution Control Board dated 28/7/2009 at 11:00 AM at Village Powari (Near Barrage Axis) in respect of Shongtong- Karchham HEP (450 MW). Sr. No. Name and Designation Address Signature 89

90 1 Sh. H.R Chauhan (ADM) ADM Pooh, district-kinnaur Signed 2 S.G. Negi E.D. (Personnel) HPPCL Signed 3 JD Sharma Dy.GM, staff of R/Peo HPPCL Signed 4 Er. Ajeet Kumar AEE,PCB Rampur Signed 5 S.K. Justu DTDO Shimla Signed 6 L.R. Sharma Deptt of social sciences UHF Nauni Solan Signed 7 Dr. Kewal Kishan, JO R&R IKHEP HPPCL R/Peo Signed 8 Er. H.R.Jaswal SKHEP HPPCL R/Peo Signed 9 Er. SS Negi DISST- R/Peo Signed 10 Er. T.R. Kapoor,Sr. Manager SKHEP HPPCL R/Peo Signed 11 Er. J.R. Kaundal Xen IPH R/Peo Signed 12 Er. R.C. Sr.Xen SKHEP,HPPCL R/Peo Signed 13 Dr. S.K. Tyagi Addl. Chief scientists to WAPCOS Signed 14 S.M. Dixit Er. WAPCOS Signed 15 B.S. Patyal District. Agriculture Officer Kinnaur Signed 16 S.S. Mohta Deputy Director--- District Kinnaur Signed 17 Deepak Kapil Assistant Engineer HPPWD---- Signed 18 B.S. Mohta Chairman, Sangharsh Samiti Signed 19 D.S Negi President Signed 20 Jagat Pal Pradhan gram Panchayat Member Signed 21 Jiya Lal Negi Vishnu-Narayan Committee. Resident & Abyudaya Parivar Signed 22 Smt. Surma Devi Vice Chairman P/S Kalpa Signed 23 Bhag Phowal Daas V.P.O. Kalpa Signed 24 Vidya Lal P.o Kalpa Signed 25 Hari Chand Signed 26 R.s. Negi R/Peo Signed 90

91 27 Vimal Kumar V.P... Rocha Signed 28 Vidya Dhayat Roghi Signed 29 Pal Singh Signed 30 Sita Ramveer Y.P.O Barang Signed 31 Puran singh Val Powari (karorh nag) Kalpa Signed 32 Ramangan singh -d0- Signed 33 Durga Chand V.P.O. Purbani, Kalpa, Kinnaur Signed 34 Furden Negi V.P.O. Roghi Tehsil Kalpa Signed 35 Krishan chand V.P.O.Roghi Tehsil Kalpa Signed 36 Arun Kumar V.P.O. Roghi Signed 37 Dev Kumar V.P.O.Roghi Signed 38 Ram Pal Singh V.P.O. Roghi Signed 39 Bal Krishan V.P.O. Pusbani Signed 40 Ram Singh Negi V.P.O. Shongtong tehsil Kalpa district Kinnaur Signed 41 Ram Singh V.P.O. Kalpa Tehsil Kalpa Signed 42 Jai Singh V.P.O. Powari Signed 43 Narjeet, village- kelingi Kelingi Signed 44 Khayali Ram Village Braihings Signed 45 Sohan Lal Village- Nalingi Signed 46 Rajeev Powari Signed 47 Suresh Powari Signed 48 Jai kasha Dune Signed 49 Diva Pulsar Kalpa Signed 50 Devi Dais Kaplan Signed 51 Mahesh Kumar Negi Khawangi Signed 52 Vidya Singh Kalpa Signed 53 Braga Ram Shuddering Signed 91

92 54 Bandana Kumara Shuddering Signed 55 Yavapai Ram Shuddering Signed 56 Gang Dev Shuddering Signed 57 Purushotam Lal V.P.O. Mebar Signed 58 A.V. Negi Village Powari Signed 59 Ram Krishan VPO Poware Kailash Nagar Signed 60 Subhash Chand Village- Powari Kailash Nagar Signed 61 Devang Sanam Shudarang Signed 62 Pradeep Kumar Shudarang Signed 63 Anil Kumar Powari (Kailash Nagar) Signed 64 Dalip Kumar -do- Signed 65 Sanjay Kumar -do- Signed 66 Narang -do- Signed 67 Sanjeev kumar -do- Signed 68 Lekh Raj -do- Signed 69 Virender Kumar -do- Signed 70 Narendera Kumar R/o Tangling Kinnaur Signed 71 Mukesh Kumar D/O Signed 72 Krishan Dev Negi -do- Signed 73 Langu Devi -do- Signed 74 Chander Mohan -do- Signed 75 Hukum Singh -do- Signed 76 Raj kumar -do- Signed 77 Gautam Negi V.P.O. Powari,Kinnaur Signed 78 Raj Bhagat -do- Signed 79 Jyoti Duni Signed 80 Darshan Daas Tangling Signed 92

93 81 Raghu Lal -do- Signed 82 Pyare Lal -do- Signed 83 Madan sukh V.P.O Powari Signed 84 Labin Singh V.P.O. Powari Signed 85 Girish Kumar G.P. Shudharang Signed 86 Ganga Chand V.P.O. Shudharang Signed 87 Parshotam Lal Signed 88 Baldev Singh V.P.O. Tangling Signed 89 Ravinder Bisth V.P.O Powari Signed 90 Deepak Negi Khawangi Signed 91 Cherring Lal V.P.O. Kalpa Signed 92 Ager Sain V.P.O. Kalpa Signed 93 Roshan Chand V.P.O Kalpa Signed 94 Ram Daas V.P.O Kalpa Signed 95 Dault Singh V.P.O. Kalpa Signed 96 Prem Bhagat V.P.O Powari Signed 97 Amar Daas V.P.O Powari Signed 98 Amit Kumar V.P.O Powari Signed 99 Chatter Singh V.P.O Powari Signed 100 Suraj Singh V.P.O Powari Signed 101 Raj Kumar V.P.O Tangling Signed 102 Mohan Kumar V.P.O Powari Signed 103 Shyam Singh V.P.O Tangling Signed 104 Ram Prakash V.P.O Tangling Signed 105 Vidya Devi V.P.O Tangling Signed 106 Jai Ram V.P.O Tangling Signed 107 Raj Kumar V.P.O Tangling Signed 93

94 108 Vidya Sagar V.P.O Tangling Signed 109 Krishan V.P.O Tangling Signed 110 Higen Narnu V.P.O Tangling 111 Vinod Kumar V.P.O. Tangling Signed 112. Ramesh Chand Powari Signed 113. Santu Lal Powari Signed 114. Kishori Lal Powari Signed 115. Set Ram Tangling Signed 116. Kailash Chand Kalpa Signed 117. Gulab Singh Powari Signed 118. Uday Singh Powari Signed 119. Heera Das Powari Signed 120 Roshni Powari Signed 121 Bhag Negi Powari Signed 122 Vir Bhadra Powari Signed 123 Brij Kumar Powari Signed 124 Dalip Kumar Powari Signed 125 Sher Singh Tangling Signed 126 Sarjan dass Powari Signed 127 Balvir Singh Powari Signed 128 Yagbar Powari Signed 129 Malchand Powari Signed 130 Chhering Dorje Tangling Signed 131 Vidya Krishan Powari Signed 132 Sandeep Kumar Powari Signed 133 Jai Chand Powari Signed 134 Sher Singh Tangling Signed 94

95 135 Jasbir Singh Up-Pradhan, Village -Khawangi Signed 136 Rajkumar Up-Pradhan, Village -Khawangi Signed 137 Shyam Lal Up-Pradhan, Village -Khawangi Signed 138 Vidya Dev Khawangi Signed 139 Shiv Lal Khawangi Signed 140 Jogdhyan Khawangi Signed 141 Rajeev Kumar Khawangi Signed 142 Raj Kumar Khawangi Signed 143 Jitender Singh Khawangi Signed 144 Mukesh Kumar Khawangi Signed 145 Kapil Dev Khawangi Signed 146 Rattan Prakash Khawangi Signed 147 Ramesh Kumar Tangling Signed 148 Ved Prakash Tangling Signed 149 Raj Kumar Tangling Signed 150 Jaivant Kailash Nagar, Talanpri/ Powari Signed 151 Gumnegi Talanpri/Powari Signed 152 Kamla Devi Kailash Nagar, Talampi Signed 153 Yez Ulepa Kailash Nagar, Powari Signed 154 Kamla Devi Kailash Nagar, Talampi Signed 155 Narkumar Khawangi Signed 156 Budh Raj Khawangi Signed 157 Madan Powari Signed 158 Vidya Prakash Kalpa Signed 159 Dinesh Kumar Powari Signed 160 Som Krishan Tangling Signed 161 Jeet Ram Powari Signed 95

96 162 Phiv Ram Negi Pradhan GP. Powari Signed 163 Prem Devi Tangling Signed 164 Sidhu Devi Tangling Signed 165 Bhagat Ram Tangling Signed 166 Anil Kumar Powari Signed 167 Narpur Powari Signed 168 Nagender Singh Powari Signed 169 Narchhan Sikh Powari Signed 170 Saneer Mani Powari Signed 171 Naveel Kumar AE, HPPCL, SKHEP Signed 172 Pushp Raj Thakur AE SKHEP, HPPCL Signed 173 Prem Prakash Powari Signed 174 Heera Singh Powari Signed 175 Sanjeev Kumar JE SKHEP, HPPCL Signed 176 Durender Kumar JE SKHEP, HPPCL Signed 177 Sanjay Kumar SKHEP, HPPCL Signed 178 Mukesh Rom Dhare App. R&R, SKHEP, HPPCL Signed 179 Yashwant Singh (Clerk) SKHEP, HPPCL Signed 180 S K Shandil AEE PCB Rampur Signed 96

97 97

98 Details of issues raised during Public Hearing on at 11:00 AM for proposed Shongtong- Karchham HEP (Powari-Ralli), organized by H. P. State Pollution Control Board at village Ralli, Tehsil Kalpa, district Kinnaur H.P.: Issues Raised Dust from the construction of project is likely to pose serious health problems and will cause damage to orchards and crops which has not been indicated in EIA/EMP report. solution to this problem should be indicated in EIA/EMP Two stone crushers are proposed to be established by the HPPCL. Mebar and Ralli villagers will be mostly affected. These villages should be properly compensated by the project proponent in case of damage caused by establishing stone crusher. Muck should be dumped in proper and safe place adequately away from HFL. Tunnel Boring Machine (TBM) should be used for construction of underground works so that there is minimum damage in the project area. Due to submergence of sand/grits quarry in the project local people should be provide sand/grits and it should damage available through for next 40 years and there should be agreement between local people and project proponent. Provision for 2% royalty should be made in R&R plan as per Govt. of India National Hydel Power policy There are two water sources above villages Mebar and Ralli which are used for drinking as well as for irrigation. These sources are at the height of thousand feet which is likely to be damaged due to construction of surge shaft. The project proponent should give in writing to provide water for drinking as well as for irrigation in case these sources are damaged due to construction of project. Remarks on the issue raised Mitigation measure to control dust due to construction of project have been suggested in EIA/EMP report, which has been assured by the project proponent to be implemented, so that water/air quality is kept within the prescribed norms and there is no damage to the orchards/crops and to the health of local people. Project Proponent has assured that pollution control measured as prescribed in EPA, 1986 shall be provided so as to keep pollution within the prescribed limit in case any damage is caused due to construction of project it shall be compensated by the project proponent. Project Proponent clarified that muck will be dumped in safe designated dumping sites away from HFL and with adequate safe engineering structure so that there is no seepage of muck into river. It was assured by project proponents that if technically, it is possible, TBM can be used. Project proponent assured give only once free sand and grit to construct two rooms to one family. Project Proponent informed that this issue is under consideration of state govt. A committee comprising of members of Project Proponent, IPH, revenue and representative of concerned Panchayat will be constituted and documentation including Videography/ photography of the existing water sources shall be carried out, before starting the construction work. In case of reduction observed in the flow of water, it shall be compensated by the Project proponent. 98

99 Compensation for enquiring land should be through negotiation by Deputy Commissioner Kinnaur. Workers from other state employed in this project should not be allowed to vote in the elections. Project Proponent agreed for negotiation. Additional Magistrate informed that as per constitution of India, voting right can be exercised at only one place. 99

100 Attendance for Environmental Public Hearing Environment Public Hearing conducted by HP State Pollution Control Board on 29/07/2009 at AM at Village Ralli (Near Power House in respect of Shongtong Karchham, Hydro-Electric Project (450 MW). S. No. Name & designation Address Signature 1 Sh. Hirdaya Ram ADM Pooh Signed 2 Sh. S.G. Negi ED (Personnel) HPPCL Signed 3 Er. J.D. Sharma DGM, Shongtong Karcham, HEP Signed 4 Sh. Ajeet Kumar Negi Environment Engineer, PCB, Rampur Signed 5 Sh.T.R. Kapoor Sr. Mgr. Shongtong Karcham, HEP Signed 6 Er. H.R. Jaswal Sr. Mgr. Shongtong Karcham, HEP Signed 7 Er. R.C. Pajiala Sr. Mgr. Shongtong Karcham, HEP Signed 8 Dr. L.R. Sharma Prof. Economics, UHF, Nauni Signed 9 Dr. S.S. Tyagi Addl. Chief Scientist, WAPCOS Signed 10 Sh. S.M. Dixit Engineer, WAPCOS Signed 11 Er. P.R. Thakur AE (Civil), Shongtong Karcham, HEP Signed 12 Dr. Kewal Krishan, JO (R&R), Integrated Kashang, HEP Signed 13 Sh.Mukesh Ramdhari, App.(R&R), Shongtong Karcham, HEP Signed 14 Sh.Sanjeev Kumar Shongtong Karcham, HEP Signed 15 Sh.S.K. Justa DTDO Shimla Signed 16 Dr. S.S. Negi RH Recong Peo Signed 17 Sh. Deepak Kapil AE, HPPWD, Karcham at Tapri Signed 18 Sh. Radha Krishan Village Maber Signed 19 Sh. Nergh Sai Village Maber Signed 20 Sh.Rajan Singh Village Maber Signed 21 Sh. Ram Guru Village Maber Signed 100

101 S. No. Name & designation Address Signature 22 Gobind Singh Village Maber Signed 23 Sh. Parshotam Lal Village Maber Signed 24 Sh. Sita Ram Negi Village Barang, Kinnaur Signed 22 Bugyam Singh Village Maber Signed 23 Sh. Vinay Singh Village Maber Signed 24 Sh. Hari Krishan Village Maber Signed 25 Sh. Parveen Kumar Village Maber Signed 26 Sh. Bhupender Singh Village Maber Signed 27 Sh. Jawala Singh Village Maber Signed 28 Sh. Daulat Ram Village Maber Signed 29 Sh. Prem Singh Village Maber Signed 30 Sh. Bahadur Singh Village Maber Signed 31 Sh. Shyam Bhagat Village Ralli Signed 32 Smt. Gian Kumari. Village Ralli Signed 33 Sh. Jagat Ram Village Ralli Signed 34 Sh.Jar35 Dass Village Ralli Signed 35 Sneh Sheelja Village Ralli Signed 36 Sh. Sug Jew Village Ralli Signed 37 Smt. Kundal DEvi Village Ralli Signed 38 Smt. Bhagwan Devi Village Ralli Signed 39 Smt. Dev Kumari Village & PO Maber (Ralli) Signed 40 Smt. Naina Devi Village & PO Maber (Ralli) Signed 41 Smt. Dev Bhakti Village & PO Maber (Ralli) Signed 42 Sanam Sharma Village & PO Maber (Ralli) Signed 43 Basanti Negi Village & PO Maber (Ralli) Signed 44 Smt. Suraj Kumari Village & PO Maber (Ralli) Signed 101

102 S. No. Name & designation Address Signature 45 Smt. Maya Devi Village & PO Maber (Ralli) Signed 46 Smt. Sunder Kumari Village & PO Maber (Ralli) Signed 47 Sh. Jiya Lal Negi President ABYUDAYA Parivar, Rekong Peo Signed 48 Sh.Harish Chander Ranger Officer, Wild Life Keylong Signed 49 Sh. Bisnudhar Chauhan Forest Guard, Sorang Signed 50 Sh. Radham Chand Village Maber Signed 51 Sh. Ramesh Negi Village Maber Signed 52 Sh. Kapil Village Maber Signed 53 Sh. Dev Ktrishan Village Maber Signed 54 Smt. Krishan Bhagti Village Maber Signed 55 Sh. Snt Ram Village Maber Signed 56 Sh. Tara Chand Village Maber Signed 57 Sh. Kundan Lal Village Maber Signed 58 Sh. Dinesh Kumar Village Maber Signed 59 Sh. Paravanta Singh Village Maber Signed 60 Sh. Manohar Singh Village Maber Signed 61 Sh. Ram Swaroop Village Maber Signed 82 Sh. Sadhu Ram Village Maber Signed 63 Sh. Atma Ram Village Maber Signed 64 Sh. Devinder Singh Village Maber Signed 65 Sh.Kirshan Kumar Village Maber Signed 66 Sh.Bisnan SinghNegi Village Maber Signed 67 Sh. Moti Lal Village Maber Signed 68 Sh.Sahi Ram Village Maber Signed 69 Sh. Rajinder Singh Village Maber Signed 70 Sh. Jai Kumar Village Maber Signed 102

103 S. No. Name & designation Address Signature 71 Gita Ram Village Maber Signed 72 Sh. Narain Dasss Village Maber Signed 73 Sh. Jintender Kumar Village Maber Signed 74 Smt. Krishana Devi Village Maber Signed 75 Smt. Sewa Mani Village Maber Signed 76 Smt. Mohini Village Maber Signed 77 Sh. Raj Laxmi Village Maber Signed 78 Smt. Rameshwari Village Maber Signed 79 Smt. Urmila Village Maber Signed 80 Smt. Sushila Village Maber Signed 81 Smt. Raj Kumari Village Maber Signed 82 Smt Kezar Dolma Village Maber Signed 83 Smt. Naarain Devi Ex- President Village Maber Signed 84 Smt. Lojer Palmo Village Maber Signed 85 Sh. Bhajan Singh Negi Village Maber Signed 86 Sh. Partap Singh Negi, Up- Pradhan Village Maber Signed 87 Sh. Vidya Prakash Village Maber Signed 88 Sh. Kapesh Kumar Village Maber Signed 89 Sh. Jeevan Village Maber Signed 90 Sh. Sanjeev Kumar Village Maber Signed 91 Sh. Vidya Krishan Village Purmi Signed 92 Sh. Ashok Kumar Village Purmi Signed 93 Sh. Rich Prakash Village Maber Signed 94 Smt. Vidya Devi Village Maber Signed 95 Smt. Rita Village Maber Signed 103

104 S. No. Name & designation Address Signature 96 Smt. Prem Devi Village Maber Signed 97 Sh. Amit Kumar Village Maber Signed 98 Sh. Yashwant Singh Shongtong Katrcham, HEP Signed 99 Sh. S.K. Shandil AE, PCB Rampur Signed 104