PAK: National Highway Development Sector Investment Program Tranche 2

Transcription

1 Social Monitoring Report Final External Monitoring Report for the Implementation of Resettlement Plans June 2013 Loan 2540-PAK PAK: National Highway Development Sector Investment Program Tranche 2 Sukkur Jacobabad Road Project (N-65) Prepared by Shaukat Ali Shahid for National Highway Authority and the Asian Development Bank.

2 2 This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 NATIONAL HIGHWAY AUTHORITY Ministry of Communications Government of Pakistan SUKKUR JACOBABAD ROAD PROJECT (N-65) (ADB Loan 2540) FINAL EXTERNAL MONITORING FOR THE IMPLEMENTATION OF RESETTLEMENT PLANS By Shaukat Ali Shahid External Monitoring Consultant International Development Consultants (IDC) Suite # 3, 11-Civic Centre, C-Block, Faisal Town, Lahore. Ph: , Fax: , idcpk@hotmail.com June, 2013 i

4 NATIONAL HIGHWAY AUTHORITY Ministry of Communications Government of Pakistan SUKKUR JACOBABAD ROAD PROJECT (N-65) (ADB Loan 2540) FINAL EXTERNAL MONITORING FOR THE IMPLEMENTATION OF RESETTLEMENT PLANS By Shaukat Ali Shahid External Monitoring Consultant International Development Consultants (IDC) Suite # 3, 11-Civic Centre, C-Block, Faisal Town, Lahore. Ph: , Fax: ; idcpk@hotmail.com June, 2013 ii

5 TABLE OF CONTENTS LIST OF TABLES... iv LIST OF FIGURES... iv LIST OF ANNEXES... iv ABBREVIATIONS... v EXECUTIVE SUMMARY... vi 1. INTRODUCTION Background Objectives of the External Monitoring METHODOLOGY General Review of the Project Documents Consultative Meetings Data Collection and Analysis IMPLEMENTATION STATUS OF SECTION LARPs (I IV) Implementation Status of RP of Section Implementation Status of LARP of Section Implementation Status of RP of Section Implementation Status of RP of Section CONSULTATIVE MEETINGS Consultative Meetings Consultative Meetings with APs/ Locals PROJECT SUCCESS Institutional Arrangements ANNEXES iii

6 LIST OF TABLES Table 3.1: Status of Implementation of RP of Section Table 3.2: Status of Implementation of RP of Section Table 3.3: Status of Implementation of RP of Section Table 3.5: Status of Implementation of LARP of Section Table 4.1: List of APs/ Local People Consulted LIST OF FIGURES Figure 1.1: Location Map of Sukkur Jacobabad Road Project... 2 Figure 1.2: Layout Plan of Sukkur Jacobabad Road Project (N-65)... 2 LIST OF ANNEXES Annex A... xi Annex 1: List of Unpaid APs at Section Annex 2: List of Unpaid APs (Land Owners) at Section 2 (Shikarpur Bypass) Annex 3: List of Unpaid APs at Section Annex 4: List of Unpaid APs at Section iv

7 ABBREVIATIONS AD ADB AFs APs EALS EMA EMR GOP GRC IDC IMR LAA LAR LARF LARP LARU MFF NHA NHDSIP NTP PD PRM Rft. RoW RP Assistant Director Asian Development Bank Affected Families Affected Persons Environment, Afforestation, Land and Social External Monitoring Agency External Monitoring Report Government of Pakistan Grievance Redress Committee International Development Consultants Internal Monitoring Report Land Acquisition Act Land Acquisition and Resettlement Land Acquisition and Resettlement Framework Land Acquisition and Resettlement Plan Land Acquisition and Resettlement Unit Multi-tranche Financing Facility National Highway Authority National Highway Development Sector Investment Program Notice to Proceed Project Director Pakistan Resident Mission Running Feet Right of Way Resettlement Plan v

8 EXECUTIVE SUMMARY 1. This external monitoring report prepared based on field survey carried out from June, The report reflects the implementation status of sectional Resettlement Plans (I - IV) till the period upto 15 th June, 2013 and the actions agreed by NHA to complete the process of payments of all four sections. Summary of major findings of implementation status of Sectional LARPs as discussed in subsequent sections, reveals that over and above 97% of AFs are paid with no critical outstanding issues at the part of EA. Hence concluding that the LARP implementation is almost completed, it is the final External Monitoring Report for Sukkur-Jacobaabad (N-65) sub-project. Below is the implementation status of LARP in each section: Section 1 2. In LARP Section-1, out of total 300 AFs, 295 AFs (98.3%) are paid. The left over 5 AFs include 1 court case, 1 business renter and 3 AFs in employee category who left the project corridor with unknown whereabouts. The NHA is following up the court case for its early adjudication and confirmed that the court s decision will be implemented in letter and spirit. For the APs who left project corridor with unknown whereabouts, NHA has placed their entitled compensation in the project account and publically informed through newspapers (daily Kawish and daily Jang) the APs to come up and collect their compensation. NHA did all efforts (still continued) to disburse 100% compensation, but the leftover payments to 1.7% (5 AFs) AFs are beyond NHA s control. However NHA is committed to make payment to remaining APs as and when the court decide the issue or the APs with their whereabouts unknown approaches the NHA and submit their claims for payment. Conclusion 3. Based on progress achieved above 98.3%, it is concluded that the Resettlement Plan of Section 1 has been implemented and the RoW has already been cleared for construction work in the Second EMA report (March, 2012). Section 2 (Including Bypass): 4. The LARP Section 2 includes 15.7 Km carriage way section (RD to and to ) and 4.95 Km Bypass Section (RD to ) with total 85 AFs (7 in carriage way section and 78 in by-pass section). The compensation payment progress reflects that out of total 85 AFs, 84 AFs have been paid while 1 AF in land owner category (Bypass section) left unpaid because he has filed reference in the court for enhancement of compensation. NHA confirmed that the land cost is already deposited in the treasury and the court s decision will be binding to make payment of compensation accordingly. NHA maintained a close liaison between the land owner (AF) and the local revenue authorities to ensure timely disbursement of compensation as court decides. While as a last resort, the District Revenue Officer has already informed to all unpaid AFs publically (the daily Kawish and Jang newspapers) to come-up, submit their claims and collect their entitled compensation without delay. Conclusion 5. The overall progress reflected that only 1 AF is left unpaid due to court case which is beyond NHA s preview. Hence it is concluded that with 99% implementation progress, the LARP for Section 2 is effectively implemented and the whole length of Section 2 including existing carriage way and Bypass sections has already been cleared for commencement of construction works as per findings of 2 nd and 3 rd External Monitoring Reports respectively. vi

9 Section 3 6. In Section 3, out of the total length of 20.2 km, 13.4 km with zero LAR impacts area was cleared for construction following recommendations in Second EMA report (March, 2012). While, the remaining 6.5 km area having LAR impacts was withheld till the RP has been implemented successfully in different stretches of varying lengths and the RP implementation status is confirmed through the External Monitoring Agency (EMA). In the LARP Section 3 the resettlement impacts are mainly due to clearance of encroached RoW near settlements and total 241 AFs lost their assets and sources of livelihood. Update payment progress reflects that 228 AFs have been paid their full compensation. 7. Out of remaining unpaid 13 AFs; structures of 2 AFs are excluded from inventory list; 2 AFs have incomplete documents (CNIC/ Bank Account issues); 4 AFs (i.e. one owner of abandoned industrial structure constructed in encroached RoW, one owner of POL logo, and two employees categories) declines to receive their compensation; 2 AFs under process and 3 AFs left the project area without their whereabouts known. 8. The review of the record and consultation with the AFs reflects that NHA did its best efforts to convince the unpaid APs to come-up and collect their compensation. The notices are also issued to the AFs for receiving compensation amount and vacation of RoW. As a last resort, the APs are also informed through local and national print media (i.e. the daily Kawish and the daily Jang Newspapers) to show-up and collect their entitled compensation form the project office. Conclusion 9. The above progress reflects that except for an abandoned industrial structure of one AF (local politician/land lord) 1 on encroached RoW, all the issues are resolved satisfactorily and the LARP implementation is almost completed. Now the outstanding payments of 11 APs (structure owner AP included) are beyond NHA s control, however NHA is still making its efforts to make disbursement of compensation to remaining payable AFs whenever they are ready to get compensation. Thus, now the withheld 6.5 Km LAR section is available for construction as free from all encumbrances (Annex A). Section In Section 4, out of the total 73 AFs, 72 AFs have been paid, while remaining 1 AF is unpaid due to lack of CNIC/ Underage. In Section 4, of the total length (14.9 km), 13.5 km of zero LAR impacts section had already been cleared in Second EMA report (March, 2012). In remaining 1.4 km with LAR impact stretches, full implementation of LARP was confirmed and validated vide Third EMA Report (September, 2013), and the RoW was cleared as free of all encumbrances for construction. Overall Implantation Status 11. The implementation of LARP in all four sections is completed with only few (18) unpaid AFs left out of total 696 AFs 2 (699 as per LARP) in all four sections. Out of these 18 unpaid AFs, two AFs are in structure owner category one each in section 1 and 3, 1 landowner category, 1 in business renter category and 14 fall in employee category. The NHA did its best efforts to ensure disbursement of compensation to all unpaid AFs, however, the payments could not be made being out of NHA s preview. Table A below 1 Squatters occupying public safety zones can be provided with housing, land, or income-earning opportunities elsewhere. Since the rationale is to protect vulnerable groups, the project would not compensate landlords building structures illegally in public safety zones. (Resettlement Handbook, Guideline to Good Practices, 1998).} 2 3 AFs (2 structures owners and 1 rentee in Section 3) are excluded from inventory list and making a total 696 AFs instead of 699 AFs as per RP. vii

10 provides summary of overall payment status in each section and payment progress to outstanding unpaid AFs since 3 rd EMA report (September, 2012). Table A: Summary Status of Sectional RPs Implementation in Sukkur Jacobabad (N-65) Road Section Total AFs Reasons of Non-payment Actions Taken Clearance Status Section 1 ( ) (17.5 km) Payment Status as of 3rd EMA Report Updated Payment Status as of 30 June, 2013 Paid Unpaid Paid Unpaid One AF filed court case for land compensation - 4 AFs left project corridor with their whereabouts unknown. Consultative process continued. Notices issued for early collection of compensation. Funds put in project account and AFs with their whereabouts unknown informed publically through a national (the daily Jang) and local (the daily Kawish) newspapers to come-up and receive compensation. RP of Section 1 has been sufficiently implemented and the RoW has already been cleared for construction work since approval of 2 nd EMA report (March, 2012). Section 2 (excluding Bypass) ( km) Section 2 (Shikarpur Bypass) RD: (4.950 km) 7 7/ One unpaid AF contesting in the Court for enhancement of compensation. Sub-total Section 3 ( km) ( km) (11+2) - 2 excluded from inventory list by reduced construction limits. - 4 declines to receive compensation - 2, incomplete documents (CNIC/Bank Account), - 2 under process for payment, and - 3 have left project corridor with their whereabouts unknown. - RP of Section 2 has been implemented and the RoW has Close liaison with local revenue authorities and AF. Land compensation deposited in Treasury and the payment will be made as per court decision. NHA maintained a close liaison with AFs to convince the unpaid APs to come up and collect their compensation. The notices are also issued to the unpaid APs for receiving compensation amount and vacation of RoW. APs are also informed through local and national print media (local daily Kawish and the Jang News Papers dated and ) to collect compensation. already been cleared since 3rd EMA Report (September, 2012). RP is sufficiently implemented in Section 3 and 6.5 Km withheld LAR section is available for construction free of all encumbrances. The detail of LAR sections is given in Annex-A. viii

11 Section 4 ( ) Lack of CNIC/underage Maintained a close liaison with AF NHA to facilitate to this unpaid AF to complete their documents and NHA has planned to make payment to this AF through an Affidavit. RP is fully implemented and entire road length in this section cleared for construction work since third EMA report (September, 2012). 11. It is worth noting that on the whole, over 97% AFs have been paid their compensation and other resettlement entitlements as per approved sectional resettlement plans. Most of the affected business structures 3 have been re-constructed/ re-established outside RoW by the affected structure owners and have been rented out to the AFs from business renter category. Similarly, the affected residences of twelve affected households (squatters) 4 in Bypass Section 2, have be reconstructed at about a distance of 500 m from affected site on the other side of the existing Sukkur-Jacobabad road on the pieces of land purchased 5 by the AFs in their names. The replaced structures are constructed with better construction material and in general, it can be safely concluded that the APs seem better-off in their business and employment as well as re-establishment of their residential structures as compared to their pre-project conditions. In addition, the compensation for loss of community structures (mosques, schools) was paid to the Mosques committees for relocation of these structures out of the construction limit at their own. The respective mosque committees have either reconstructed the mosques at nearby places in consultation with the local community or the construction of replacement community structure is at an advance stage. 12. Although the achieved Implementation progress is above 97% with only such leftover AFs/ APs, who either had filed court cases or not shown up to collect their compensation due to their own reasons. However for remaining 17 AFs, it is suggested that the NHA project team should keep their efforts continued to facilitate these AFs to collect their compensation as and when they become available and submit their claims. Thus, keeping in view the disbursement of payment to the leftover APs, the following section-wise action plan is proposed: 3 Of the total business structures (204), only 3 left unpaid, i.e.1 Court case, 2 AFs (1 local politician and 1 businessman Karachi based) declined to receive their payment. 4 The affected residential structures were constructed on the land acquired for By Pass. The land was not in the name of the structure owners, they were verbally permitted by the land owner to construct their structures and work as farm labour on his land. With land acquisition for the bypass, the APs were left land less and were compensated for their structures only with additional assistance (equivalent to three months earning based on OPL) to facilitate them to relocate at their own in nearby area. 5 A copy of an affidavit of AFs who have purchased land is provided at Annex F as an evidence. ix

12 Proposed Action Plan 13. Keeping in view the disbursement of payment to the leftover APs, the following section-wise action plan is proposed: Proposed Action Plan Section Total AFs Unpaid AFs Proposed Actions Timeline Respons ibility Section NHA to pursue court s for early decision and compensate 1 AF in accordance with the court direction. In case of not located AF, NHA to keep close liaison with community to know the whereabouts of 4 AFs.. 31 October, 2013 Project Director (N-65) Section NHA should keep persuading the court for early decisions and compensate to 1 AF as per court decision. Section NHA to help in completion of documents and make payments to all payable AFs The AFs unwilling to receive Payment should be engaged to convince them receive payment. In case of not located AFs, NHA keep close liaison with community to know the whereabouts of 3 AFs. Section NHA to help in completion of documents and make payments to 1 AF. 31 October, October, September, 2013 Project Director (N-65) Project Director (N-65) Project Director (N-65) x

13 Sr. No. Annex A RP Implemented Subsections at Section 3 (RoW free of all encumbrances) Details of withheld sections measuring 6.5 KM at Section 3 (refer 2 nd EMA Report submitted in March 2012). RD-wise Detail of 6.5 KM LAR Area in Section 3 where LARP is Fully Implemented Length in km Total 6.5 km xi

14 1. INTRODUCTION 1.1 Background 1. This is the final external monitoring report prepared on the basis of field visit carried out from June, Based on this survey, the results of 3 rd External Monitoring report (September, 2012) was updated as of 15 th June, The report reflects the implementation of RPs of all four Sections (I IV) of Sukkur Jacobabad road (N-65). 2. The Sukkur-Jacobabad road is one of the subprojects 6 of this tranche 2 (ADB Loan 2540). The Resettlement Plan (RP) for Sukkur Jacobabad was approved by ADB in May However, its implementation was delayed due to various reasons including discrepancies in the inventory of losses and number of affected persons. Later-on it was agreed that i) 4 Sectional Resettlement Plans will be prepared, approved and implemented to facilitate commencement of civil works. ii) For each section, prior approval of ADB Safeguard Unit will be required to commence civil works upon full implementation of Resettlement Plan verified through External Monitoring Agency (EMA). 3. In this context, NHA divided the project corridor in four sections and accordingly updated the RP in following different sections: Section-1: RD to RD km (Zero to end of Lakki Town). Section-2: RD to km (End of Lakki Town to end of Shikarpur Bypass). Section-3: RD to km (End of Shikarpur Bypass to end of Humayun Town). Section-4: RD to km (End of Humayun town to start of Jacobabad). 4. The proposed project road falls under the administrative jurisdiction of three Districts of Sindh province, i.e. Sukkur, Shikarpur and Jacobabad. The location map and layout plan of the project is given in Figure 1.1 and 1.2 respectively. 5. After review the ADB approved sectional RPs by close of year 2011 and NHA started the implementation of Sectional RPs in the field as per implementation schedule for each sectional RP. To confirm and validate the implementation status of the Sectional RPs, the external monitoring has been conducted in compliance to ADB safeguard requirements. The section-wise implementation status of the approved RPs is discussed in subsequent sections. The Sukkur-Jacobabad road (N-65) is one of the subprojects of under Tranche 2. 6 This tranche includes, i) Sukkur Jacobabad road (Sindh), and ii) Qilla Saifullah Zhob road (Balochistan).. The scope of sub project includes rehabilitation & up-grading the capacity of existing road section to 4- lane dual carriageway. The proposed project road falls under the administrative jurisdiction of Sukkur, Jacobabad and Shikarpur Districts of Sindh Province. 1

15 Figure 1.1: Location Map of Sukkur Jacobabad Road Project Project Road Figure 1.2: Layout Plan of Sukkur Jacobabad Road Project (N-65) 1.2 Objectives of the External Monitoring 6. The monitoring is an integral part during the implementation of resettlement plan and facilitates to assess the implementation progress and decision making. Specifically, confirmation of full implementation of RPs through an independent external monitor before commencement of civil works is pre-requisite under ADB safeguards requirements. Keeping this in view the implementation progress of the approved sectional RPs is monitored to determine the updated progress on implementation status and validate the sections free of encumbrances to facilitate in decision making to allow the commencement of civil works. Furthermore, suggest remedial measures and corrective action plan regarding the payment to leftover APs to achieve full implementation of resettlement initiatives. 2

16 2. METHODOLOGY 2.1 General 7. The approach and methodology part of the study covered the activities done for information gathering, data collection and analysis as well as consultation with stakeholders including APs to determine implementation status of Land Acquisition and Resettlement Plan. The major activities carried out to accomplish the report are: i) data collection both primary and secondary; ii) interviews of APs; iii) consultations with APs and other local people; iv) consultative meeting with the project management, consultants and contractor; v) field survey including interviews, physical observations/ verifications and data inputting and analysis. 2.2 Review of the Project Documents 8. The project documents, including resettlement framework, resettlement plan of Section 1, 2, 3 and 4; internal monitoring reports, status of LAR implementation, Aide Memoires and other were reviewed and relevant data was compiled to establish the monitoring objectives and validated through conducting field surveys. 2.3 Consultative Meetings 9. The consultative meetings were carried out with APs and other local people/ local community/ representatives. In addition, the consultative meetings were also held with the Project Director, Consultant staff and Contractor staff. In these meetings, AP s concerns/ feedback about implementation of resettlement plan as well as actions taken by NHA regarding the payment of unpaid APs were discussed and accordingly presented in this report. 2.4 Data Collection and Analysis 10. Both primary and secondary data was collected about the efforts made by NHA to approach the unpaid APs for resolving their concerns and disburse compensation as well as notices issued to APs and published in the Newspapers for ensuring full implementation of LARP. The primary data includes interviews with APs, and group consultations, consultative meetings with the project management and physical observations/ verifications. The field survey was carried out from June, 2013 covered the status of payment of compensation as of 15 th June, However, some supplementary data/ supporting documents including copies of internal monitoring reports, meeting minutes and notices issued/published were collected from the office of NHA Sukkur after field survey to review and compile the report. A close liaison was maintained with NHA Project team till compilation of the draft report and thus implementation status as of 30 th June, 2013 was included in this final report. 3

17 3. IMPLEMENTATION STATUS OF SECTION LARPs (I IV) 3.1 Implementation Status of RP of Section The LARP Section-1 ( km) does not involve land acquisition, as an adequate RoW (110 ft. wide) was available with NHA. However, the RoW of existing road was encroached by the locals at various settlements located along the road. To implement project civil works clearance of encroached RoW warranted preparation of LARP with varying degree of impacts to identified APs. Below is detail of impacts with LARP implementation status Projects Impacts 12. The following are the project major impacts on this road section: Dismantling of 228 commercial structures; 300 AFs, i.e. 81 structure owners, 145 business renters and 74 employees 7 community structures including 5 small mosques and 2 schools (walls) Relocation of public structures (check posts) and utilities Status of Payment at Section Of the total 300 AFs, 295 AFs have been fully paid, while 5 AFs are unpaid so far due to one AF has filed a court case, followed by 4 those shifted elsewhere without their whereabouts known. 14. In this context, the actions taken are as below: The NHA has been following up with the court for early decision; however, NHA confirms that the AF will be compensated according to court decision. Regarding those shifted elsewhere, NHA has made all good faith efforts and frequent visits to the project sites to find out such AFs are conducted time and again, but so far could not find the remaining 4 AFs. NHA has put the entitled compensation of these AFs in a project account to ensure delivery of compensation to these APs as and when they appear and accordingly the APs have been informed publically through a public notice published in a national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, Vide public notice published in the Newspapers, the AFs are advised to come and receive the compensation form office of the Project Director N-65, Sukkur. A copy of the advertisement is also presented. 4

18 15. The updated implementation progress in Section one reflect that 98.3% AFs have been paid their full compensation. NHA did its best efforts to disburse compensation to leftover 1.7% (5 Nos.) AFs including publishing in news papers, the names of unpaid AFs with their whereabouts unknown to locate them. The review of record reflects that the payment to left over AFs is beyond NHA s preview. Thus, it can be concluded that the RP of Section 1 is fully implemented and RoW is clear for construction activities based on findings of 2 nd External Monitoring Report (March 2012). 16. The status of implementation of RP for Section 1 is summarized in the Table 3.1, while details of Unpaid AFs are given in Annex 1. Table 3.1: Status of Implementation of RP of Section-1 Sr. No. Category of Impact 1 Loss of Structures Total APs Paid/ Unpaid Reasons of Non- Payment Actions Taken 81 80/ 1 1 Court case The NHA is following up the court case for its early adjudication and confirmed that the court s decision will be implemented in letter and spirit. Status of RoW Clearance RoW is clear. Conclu sions RP is fully implem ented. 2 Business Renters 3 Employment Loss / 1 1 Shifted in elsewhere 74 71/ 3 3 AFs shifted elsewhere.. For the APs who left project corridor with unknown whereabouts, NHA has placed their entitled compensation in the project account and publically informed (through the daily Kawish and the daily Jang newspapers) the APs to come up and collect their compensation. NHA has put the entitled compensation of these AFs in a project account to ensure delivery of compensation to these APs as and when they appear and accordingly the APs have been informed publically through a public notice published in a national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, Total / Community The compensation for loss of structures (5 community structures (five small mosques and two schools) was mosques and paid to the Mosques 2 schools) Committees for relocation of these structures out of the construction limit at their own. On the reconstruction/ relocation of these structures (mosques & schools), NHA will verify and submit IMR to ADB by 31 Oct

19 5 Public structures/ Utilities (Utilities, Police Check Posts) In accordance with the agreement with NHA, relocation of structures and utilities being done by concerned Departments/ agencies, (including Police/ Rangers, WAPDA, PTCL). On the completion of relocation/ reconstruction, NHA will verify/ confirm and submit an Internal Monitoring report to ADB by 30 September, Implementation Status of LARP of Section The Section 2 ( ) involves land acquisition for the construction of Shikarpur Bypass, where private agricultural land to be acquired. Furthermore, RoW of carriageway has been encroached by the locals at various settlements located along the proposed road Project Impacts 18. In this section, there are total 85 AFs, out of which, 78 AFs are affected due to the construction of Shikarpur Bypass and 7 affected by carriageway. The following are the project major impacts relating to the improvement of existing carriageway and construction of Shikarpur bypass: i) Carriageway: comprises a total of 15.7 km from RD to and to commercial structures - 7 AFs (3 owners of commercial structures, 3 business renters and 1 employee) - 4 small mosques - 4 public structures (check posts) subject to be relocated from RoW ii) Shikarpur Bypass (RD to ) Acquisition of acres owned by 56 land owners Affected crops on acres (grown by 56 land owners and 10 sharecroppers); 423 trees (109 fruit and 314 wood/ timber trees) to be cut-down owned by 13 APs who are also the owners of land 43 affected structures owned by 12 AFs Total 78 AFs (i.e. 56 land owners, 10 sharecroppers and 12 owners of structures) Status of Payment i) Carriageway: comprises a total of 15.7 km from RD to and to (excluding bypass) Along the existing carriageway all 7 AFs have been paid.thus, the RP is sufficiently implemented in carriageway portion (15.7 km), which has already been cleared in 2 nd EMA report (March, 2012). 6

20 ii) Shikarpur Bypass (RD to ) There are total 78 AFs at Shikarpur bypass. Updated progress reflects that the payment has been made to 77 AFs, while remaining 1 AFs is still unpaid because he has filed a reference in the court against award for enhancement of compensation. 19. To ensure timely implementation of LARP the NHA maintained a close liaison between the AFs and local revenue authorities to resolve the petty issues of few AFs. Consequent upon NHA s efforts DDO (Revenue), Shikarpur has published an advertisement in national (the daily Jang) and local (the daily Kawish) newspapers on 31 August, 2012 and advising the AFs to come and receive their compensation. A copy of the advertisement is presented in this section. Resultantly all AFs, except one who has filed reference in the court are paid their full compensation. 20. In case of AF who filed reference in court, NHA has been pursuing with the Local Revenue Authorities and the court for early decision on the subject matter. The land cost has already been deposited in the District Treasury by NHA which is at the disposal of DDO (Revenue) that payment will be made as court decides. However, NHA is committed to abide by the court s decision and implement it as per its essence. 21. The updated implementation progress reflects that all outstanding issues are resolved and the Sectional LARP implementation is achieved upto 99%. The left over payment to one AF contesting in court is beyond NHA s preview. Thus, it is concluded that the LARP for Section 2 is implemented satisfactorily. Based on achieved implementation and findings of 3 rd EMA report (September, 2012) the Bypass section was cleared for construction works. 22. The status of implementation of RP of Section 2 is summarized in Table 3.2, while details of Unpaid AFs are given in Annex 2. 7

21 Table 3.2: Status of Implementation of RP of Section 2 Sr. No. Category of Impact i) Carriageway a) Owners of commercial structures, renters & employee ii) Shikarpur Bypass a) Land compensation, crops, trees, structures Total AFs Paid/ Unpaid Reasons for Non-Payment Actions Taken 7 7/ / 1 1 unpaid AP in land owner category (Bypass section), who has filed reference in the court for enhancement of compensation. NHA deposited land compensation in treasury and payment will be made as per court decision. NHA maintained a close liaison between the land owner AFs and the local revenue authorities to ensure the as court decides. DDO has also publically informed the AFs in national (the daily Jang) and local (the daily Kawish) newspaper to get their payment. RoW Clearance Status RoW is Clear for construction works. Conclusions LARP is sufficiently implemented b) Community structures 4 mosques (1 excluded from RoW and 3 remaining). c) Public utilities (waiting room owned by NHA, electric / telephone poles) Payment made to the all three Mosque committees and structures are dismantled and RoW is clear. On the re-construction of these structures by the community, NHA will verify and submit a report to ADB by 30 September, As per agreement with NHA, relocation of utilities being done by WAPDA and PTCL. On the relocation of utilities, NHA will verify/ confirm and submit an Internal Monitoring Report to ADB by 31 Oct

22 3.3 Implementation Status of RP of Section The Section 3 ( to km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road Projects Impacts 24. The following are the project major impacts on this road section: affected commercial structures - Total 238 AFs (88, 59 and 91 were owners of business structures, business renters and employees respectively) community structures (i.e. 17 small road side mosques, 7 boundary walls of mosques, 2 wash room and 2 hand pumps) public structures (including police check posts, boundary walls, rooms) Status of Payment at Section In the LARP Section 3 the resettlement impacts are mainly due to clearance of encroached RoW near settlements and total 241 AFs lost their assets and sources of livelihood. Update payment progress reflect that 228 AFs have been paid their full compensation. 26. Out of remaining unpaid 13 AFs; structures of 2 AFs are excluded from inventory list; 2 AFs have incomplete documents (CNIC/Bank Account issues); 2 AFs claims are under process; 4 AFs (One owner of abandoned industrial structure constructed in encroached RoW, one owner of POL logo and 2 employees categories} declines to receive their compensation; and 3 AFs left the project area without their whereabouts known. 27. The review of the record and consultation with the APs reflects that NHA did its best efforts to convince the unpaid APs to come-up and collect their compensation. The notices are also issued to the APs for receiving compensation amount and vacation of RoW. As a last resort the APs are also informed through local and national print media (local the Kawish and the Jang Newspapers) dated and 29 June 2013 to show-up and collect their entitled compensation form the project. A copy of the same is also attached. 9

23 28. The above progress reflects that except for an abandoned industrial structure of one AF (local politician/land lord) 7 on encroached RoW at RD and one owner of POL logo (encroached RoW), all the issues are resolved satisfactorily and the LARP implementation is almost completed. Now the outstanding payments of 10 APs (structure owner AP included) are beyond NHA s control, however NHA s efforts are continued to make disbursement of compensation to remaining payable AFs whenever they are ready to get compensation. Thus, now the withheld 6.5 Km LAR section is available for construction as free from all encumbrances (RD-wise 29 Jun details are in table below). A copy of letters is presented at Annex B, C, D and E. The details of Unpaid AFs are given in Annex 3. Sr. No. RD-wise Detail of 6.5 KM LAR Area where LARP is Fully Implemented Length in km Total 6.5 km 7 Squatters occupying public safety zones can be provided with housing, land, or income-earning opportunities elsewhere. Since the rationale is to protect vulnerable groups, the project would not compensate landlords building structures illegally in public safety zones (Resettlement Handbook, Guideline to Good Practices, 1998). 10

24 Table 3.3: Status of Implementation of RP of Section 3 ( km = 20.2 km) Sr. No. Category of Impact Total APs 1 Loss of Structures Paid/ Unpaid Reasons of Non- Payment 89 86/ 3 2 excluded from inventory by reducing construction limits. Actions Taken In consultation with the APs, construction limit reduced by redesigning median into new jersey type to avoid the impact on two industrial structures located at the edge of construction limit. Status of RoW Clearance RoW is clear for the whole Section 3. Conclusions LARP is implemented, RoW is free. 1, AF who is Karachi based local politician and is not interested to receive entitled compensation. NHA did consultations with AP s representative to make payments (See minutes of meeting vide NHA office letter No. GM Const.AP/ NHA/2013/ 1114A dated 22 Jan., 2013 at Annex B). 1 AF who is the owner of POL at encroached RoW is based at Karachi. NHA issued notices to this AP to come up and receive his compensation and vacate the RoW vide NHA office letters Nos. GM Const. AP/ NHA/2013/ 1124 dated 31 Jan., 2913 and GM Const. AP/ NHA/2013/ 1190 dated 14 June 2013 and at Annex C & D). 2 Business Renters As last resort, NHA has publically informed to this AP by publishing a notice in a national (the daily Jang) and local (the daily Kawish) newspapers on dated that contact NHA project staff in order to receive his compensation whenever AP desires / Employme nt Loss 91 82/ 10 2 AF under process 2 incomplete documents, including CNICs, and opening of bank accounts. 2 AFs are decline to receive payment 3 AFs shifted elsewhere. 11 NHA has publically informed to APs to receive their payments. NHA to facilitate APs in completion of requisite documents and receipt of compensation by 31 Oct., NHA maintained close liaison with APs. Delivered notices to AFs to submit their claims and collect their compensation accordingly, As a last resort NHA has published in a national (the

25 daily Jang) and local (the daily Kawish) newspaper dated 29 June 2013 to get their payment as and when appeared community mosques. Out of which, 5 mosques & 1 Imam Bargha) are excluded from RoW and 18 mosques left. 5 Public structures / Utilities - Police Check Posts) Total / Payment made to all 18 mosque committees. All structures dismantled and RoW is clear. NHA will submit an IMR on the re-construction by 31 Oct Re-relocation of utilities being made by the done by concerned Departments/ agencies. On the relocation of public utilities, NHA will confirm and submit an IMR to ADB by 31 Oct Implementation Status of RP of Section The Section 4 ( to km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road Projects Impacts 30. The Section 4 ( to km) does not involve land acquisition as an adequate RoW (i.e.110 ft wide) is available with NHA. However, RoW of existing road at this section has been encroached by the locals at various settlements located along the proposed road. The following are the project major impacts on this road section: - 66 affected commercial structures (shops, hotels, thatched-sheds, wooden cabin) affected families, including 28, 28 and 17 were owners of business structures, business renters and employees respectively. - 4 small road side mosques need to be relocated. - 3 public structures, i.e. police check posts 12

26 3.4.2 Status of Payments at Section Out of total 73 AFs, 72 AFs have been paid, while remaining 1 is unpaid due lack CNIC/underage and affidavit will be required in order to make payment to this AP.. In this context, the actions taken are as below: AF submitted his case to NHA after completing requisite documents. The payment of this case is under process with NHA and to be made by 30 September, The implementation progress reflects that the Sectional LARP is implemented satisfactorily. Hence it was concluded that in Section 4, the RoW of total length is available free of all encumbrances for carrying on construction activities. Consequent upon findings of previous External Monitoring Report (3 rd EMA report) this Section has already been cleared and construction works are ongoing smoothly. 33. The updated status of implementation of LARP of Section 4 is summarized in Table 3.5. The detail of Unpaid AF is given in Annex 4. Table 3.5: Status of Implementation of LARP of Section 4 ( = 14.9 km) Sr. No. Category of Impact Total APs Paid/ Unpaid 1 Loss of Structures 2 Business Renters 3 Employment Loss Reasons of Non- Payment Actions Taken 28 28/ / / 1 1 under process for payment NHA will make compensation to this AF (Underage) through an Affidavit by 30 September, Total 73 72/ community Payment made small to all five mosques. mosques and RoW is clear On the construction of these mosques, NHA will verify and submit IMR to ADB by 31 Oct Status of RoW Clearance RoW has already been cleared in 3 rd EMA report and the construction works are ongoing smoothly. Conclusion RP is fully implemented 13

27 5 Public structure / Utilities (Police check posts) These structures are being relocated and NHA will confirm and submit an IMR to ADB by 31 Oct

28 4. CONSULTATIVE MEETINGS 4.1 Consultative Meetings 34. The consultative meetings were held with the concerned officials associated with this project to get the todate status of progress, reasons for unpaid cases and other constraints associated with this project. The major points of feedback/ constraints regarding the disbursement of payment are as under: Out of total, 699 AFs, the number of un-paid AFs are only 18 in all 4 sections. Out of these 18 unpaid AFs, two AFs are in structure owner category one each in section 1 and 3, 1 landowner category, 1 in business renter category and 14 fall in employee categorythe reasons of unpaid cases are: 2 excluded from the inventory list, 2 having filed court cases, 4 not showing up to collect compensation (declined to receive compensation), 3 under process; 3 have incomplete documents and 7 shifted elsewhere with their whereabouts unknown In order to ensure the payment to leftover APs, NHA has taken the steps as: APs informed that funds are in the project account and payment will be made at Court decision in case of few APs, who have the court cases. NHA convened meetings of APCLC, to coordinate/consult AFs to resolve their issues at local level and facilitate them to process their compensation claims. NHA has publically informed to APs to receive their payments as it is available in the project account and notices have also been delivered to the APs. NHA did efforts through all means to locate the APs and finally, names of AP have been published in a National (the daily Jang) and local (the daily Kawish) newspaper to receive their payments. 36. The list of officials/ persons met is as below: 1. Mr. Tariq Mahmood, Project Director, Sukkur - Jacobabad Road (N-65) 2. Mr. Sohail Ahmad, AD (Engg.), Sukkur - Jacobabad Road (N-65) 3. Mr. Muhammad Arshad, AD (Land.), Sukkur - Jacobabad Road (N-65) 4. Mr. Pervaiz Akhtar, Resettlement Specialist (Consultant), Sukkur - Jacobabad Road (N-65) 5. Mr. Shaukat Zaman (Environmentalist Contractor staff) and Mr. Ghulam Mustafa (Contractor staff), Sukkur Jacobabad road 6. Other allied staff 4.2 Consultative Meetings with APs/ Locals 37. The consultation meetings were carried out with the APs and other local people during the visit survey. The following are the major feedback of the APs/ and local population: i). In general, the APs, local population, local representatives, even other stakeholders were found pleased with the construction of this valuable road project. 15

29 ii). Most of the APs who were temporarily displaced due to the clearance of the RoW have re-established their business; as well as residences especially in case of bypass Section II. iii). Most of the community mosques were re-constructed/ relocated at adjoining/ nearby places in consultation with the local community, while the construction works on remaining few were in progress at an advance stage. iv). The payment of compensation to almost all payable APs has been made. The left over payments are only those where APs are contesting in court, least interested to receive compensation, left the project corridor with their whereabouts unknown for which NHA s efforts are still continued. 38. In general the community showed its satisfaction with the LARP provisions and mechanism for payment of compensation different categories of AFs including Title holders, Structure owners, business renters and employees. However, during consultative meetings the community raised road side safety concerns during operation of two lane dual carriage way and proposed that the NHA should install adequate signboard reflecting reduced speed limits in and near the settlements to ensure safety of lives of the community at large and their belongings. Table 4.1: List of APs/ Local People Consulted Sr. No. Date Location/ Venue Sultan Kot Lodhra Jano Abad, Sukkur Names of Major Participants - Mr. Zaib Ali Patahn - Mr. Zahim Bux - Mr.Zahid Khan - Mr. Pilo khan Dayo - Mr. Subo s/o Hamzo - Mr. Maghan Zafari - Mr. Shamen Zafari - Mr. Lela RamM. Ghulam Siddiqui (Electrician) - Mr. Khadim Hussain s/o Punjal (Hotel operator) - Mr. Ghulam Akbar s/o Ghulam Qadir (Tailor shop) - Mr. Bachal s/o Dinal Shah (Labour) - Mr. Ghulam Abbas s/o Noor M. Bhutto (Land owner) - Mr. Wazar Khan s/o Jan M. (Land owner) - Mr. Munir Ahmad Bhutto (Land owner) - Mr. Habibullah (Local) - Mr. Talib Shah - Mr. Khadim Hussain - Mr. Ajjad Ali - Mr. Akhtar Ali - Agha Bux 16

30 5. PROJECT SUCCESS 39. It is worth noting that on the whole, about 97% APs have been paid their compensation and other resettlement entitlements as per approved sectional resettlement plans. Most of the affected business structures 8 have been reconstructed/ re-established outside ROW by the affected Structure owners and have been rented out to the AFs from business renter category. Similarly the affected residences of twelve affected households (squatters) 9 in By pass Section-2, have be reconstructed at about a distance of 500 m from affected site on the other side of the existing Sukkur-Jacobabad Road on the pieces of land purchased by the AFs in their names. The replaced structures are constructed with better construction material and in general, it can be safely concluded that the APs seem better-off in their business and employment as well as re-establishment of their residential structures as compared to their pre-project conditions. In addition, the community structures (mosques, schools) have also been reconstructed at nearby places in consultation with the local community, while the other are at advance stage of construction. Photograph-1: A view of some of the recently constructed business structures by the APs at Lodhra (RD ). Photograph-1: Recently constructed residential structures by the APs at Jafari village at Section 2 (RD ). Photograph-1: A view of road of Section 1, where Asphalt is being laid. Photograph-1: A boundary wall shifted little behind by the AP at Lodhra (RD ). 8 Of the total business structures (204), only 3 left unpaid, i.e.1 Court case, 2 AFs (1 local politician and 1 businessman Karachi based) declined to receive their payment. 9 The affected residential structures were constructed on the land acquired for By Pass. The land was not in the name of the structure owners, they were verbally permitted by the land owner to construct their structures and work as farm labour on his land. With land acquisition for the bypass, the APs were left land less and were compensated for their structures only with additional assistance (equivalent to three months earning based on OPL) to facilitate them to relocate at their own in nearby area. 17

31 4.4 Institutional Arrangements 40. Regarding institutional arrangements, the following are the major observations: A Project Management Unit (PMU) has already been established at NHA Complex Sukkur headed by a Project Director under the overall supervision of GM (construction), placed at Karachi. The associate staff includes Assistant Directors (Engg. & Land), Consultants, Contractors, EMA and other core staff. As per resettlement plans, the institutional arrangements for the implementation of RPs are in place including LAR Unit, GRC and ACLC and other committees (mosque committees). Accordingly, the meetings of LAR unit, GRC have also taken place periodically as well as on need basis. The ACLC has formed further community committees including mosques committees at field level to facilitate the process of disbursement of compensation, relocation/ reconstruction mosques as well as relocation of public utilities and other. To meet the implementation requirement of all four sections of the proposed road project, two Project Directors have already been deployed. One project Director is responsible for Section 1 and 2, while the second for Section 3 and 4. 18

32 ANNEXES 19

33 Annex B Annex C 20

34 Annex D Annex E 21

35 Annex F 22