India: Madhya Pradesh Energy Efficiency Improvement Program

Transcription

1 Resettlement Plan (Tranche-1) Madhya Pradesh Energy Efficiency Improvement Investment Program India: Madhya Pradesh Energy Efficiency Improvement Program Department of Energy Government of Madhya Pradesh April 2011 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.

2 ADB : Asian Development Bank AH : Affected Household AP : Affected Person BPL : Below Poverty Line DISCOM : Distribution Company ABBREVIATIONS DISCOM-C : Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Limited DISCOM-E : Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Limited DISCOM-W : Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited DPR : Detailed Project Report FGD : Focus Group Discussions GOMP : Government of Madhya Pradesh GoI : Government of India GRC : Grievance Redress Committee HVDS : High-Voltage Distribution System IA : Implementing Agency IEE : Initial Environmental Examination Rs : Indian Rupee IP : Indigenous Peoples LA : Land Acquisition MP : Madhya Pradesh PMU : Project Management Unit NRRP : National Resettlement & Rehabilitation Policy ROW : Right of Way RP : Resettlement Plan ST : Schedule Tribe WHH : Women Headed Household

3 TABLE OF CONTENTS EXECUTIVE SUMMARY I INTRODUCTION 1 II SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4 III SOCIOECONOMIC INFORMATION AND PROFILE 7 IV INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 8 V GRIEVANCE REDRESS MECHANISMS 10 VI POLICY AND LEGAL FRAMEWORK 11 VII ENTITLEMENT, ASSISTANCE AND BENEFITS 14 VIII RELOCATION AND INCOME RESTORATION 15 IX RESETTLEMENT BUDGET AND FINANCIAL PLAN 16 X INSTITUTIONAL ARRANGEMENTS 16 XI IMPLEMENTATION SCHEDULE 17 XII MONITORING AND REPORTING 18 ANNEXES 1 SUMMARY CONSULTATIONS 19 2 SAMPLE MONITORING AND STATUS REPORT 46

4 EXECUTIVE SUMMARY 1. Government of Madhya Pradesh (GoMP) has requested the Asian Development Bank (ADB) through the Government of India (GoI) for a Multi-Tranche Financing Facility (MFF) to part finance the feeder separation investment program. The key aspect of the feeder separation project is separation of the irrigation and residential/commercial loads in rural areas and to adopt measures to check pilferage of electricity. The main project activities includes (i) erection of 11 kv additional bays along with VCB, control relay panel; (ii) Laying of 11 kv lines on PCC poles with (rabbit) AAA conductor; (iii) Installation of 25 kva 11/0.433 kv distribution transformers; (iv) HVDS System (Conversion of existing LT to HT line);(v) 33 kv bays at EHV substations, 33 kv new substations and 33 kv lines; (vi) Replacement of bare conductor of LT lines by AB cables; (vi) replacement of damaged lines by armoured PVC cable; (viii) provision of meters for un-metered consumers; and(vii) GIS based consumer indexing and asset mapping. The Resettlement Plan (RP) is prepared for the Tranche-1 components of the Madhya Pradesh Energy Efficiency Improvement Project (The Program). The RP based on Detailed Project Report (DPR) and detailed engineering design. The tranche-1 components has been categorized as B for Involuntary Resettlement (IR) impact according to ADB s Safeguard Policy Statement, 2009 (SPS) 2. The project will not entail any land acquisition. There will be no permanent impact on physical displacement, economic displacement and loss of livelihood. Temporary impacts on loss of crop are anticipated during construction of lines which is negligible. As a standard practice, construction activities related to distribution lines are scheduled during off season to minimize the crop damage. Farmers also do not object for construction of distribution lines because of the direct benefits they expect from the reliable power supply. Therefore, the impacts are limited to temporary damage on crops in certain circumstances (assumed to be 10% in this case) during the construction of lines. Tranche-1 components will not have any impacts on indigenous people. 3. Consultations were carried out with various stakeholders during RP preparation and will continue throughout the subproject cycle. To understand the socio-economic profile of the project area, Focused Group Discussions (FGD) were conducted at rural as well urban areas at 26 locations/villages of various project districts during the month of February to March 2011 which included 440 participants. The same will be continued during the project implementation. Project information will be disseminated through the disclosure of RP. The RP will be available at the offices of local revenue offices and at DISCOM offices. A copy of the RP will be disclosed on DISCOM and ADB website. A Grievance Redress Committee (GRC) will be formed to ensure APs grievances are addressed and facilitate timely project implementation. Minor grievance will be redressed by the DISCOM officials at site level within 15 days failing which the case will be referred to GRC which will take action within 30 days. Grievance not redressed by the GRC will be referred to the appropriate court of law. 4. The policy framework and entitlements for the Project are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984), and the National Resettlement and Rehabilitation Policy, 2007 (NRRP); Madhya Pradesh Resettlement and Rehabilitation Policy, 2002 and ADB s Safeguard Policy Statement, 2009 (SPS). The project will neither result in any physical displacement nor economic displacement except for temporary impacts on crops which are foreseen during the construction period. Adequate compensation will be provided as per the entitlement. Additionally, vulnerable households will be given priority in project employment..

5 5. Three Madhya Pradesh power distribution companies such as DISCOM-C (central distribution zone of Madhya Pradesh), DISCOM-E (eastern distribution zone of Madhya Pradesh) and DISCOM-W (western distribution zone of Madhya Pradesh) will serve as the executing agencies (EAs) for the investment program. The same will be the implementing agencies (las). All three distribution companies have established project management units (PMUs). The PMU will have designated officials for safeguards planning and implementation. Payment of compensation and assistance for temporary impacts on crops will be completed in sections before the start of civil works. Construction will start after payment of compensation. The resettlement cost estimate for tranche-1 components includes eligible compensation for loss of crop, support cost for RP implementation and cost for monitoring. These are part of the overall project cost. A tentative budget has been calculated for the project which amounts to Rs 5.01 million. RP implementation will be closely monitored and semi annual monitoring report will be submitted by DISCOM to ADB.

6 I. INTRODUCTION 1. The Resettlement Plan (RP) 1 is prepared for the Tranche-1 components of the Madhya Pradesh Energy Efficiency Improvement Project (The Program). The RP based on Detailed Project Report (DPR) and detailed engineering design. The tranche-1 components has been categorized as B 2 for Involuntary Resettlement (IR) impact according to ADB s Safeguard Policy Statement, 2009 (SPS) 2. Madhya Pradesh (MP) is an agrarian state with 70% rural population and inadequate power supply in rural areas is one of the major obstacle affecting the economic growth and development. At present, rural power feeders feed mix load approximately for 8-10 hours. Agricultural pumps are provided with three-phase supply for 6-8 hours. During the rest of the period, single-phase supply is made available to households. Farmers use phase splitters 3 and run their water pumps for extended hours resulting in power interruptions, abnormal loading of feeders and failures of distribution transformers. The current inefficient system results in households not getting power round the clock, leading to unbalanced loading on transformers and defeating the purpose of load shedding. Moreover, the current system of common supply to households and water pumps makes it difficult to locate and reduce the commercial losses. The Government of Madhya Pradesh has undertaken a feeder separation 4 program to resolve these issues. The first phase is already under implementation and the proposed ADB assistance plans to finance the second phase of the feeder separation program. 3. In order to ensure adequate power supply to rural households and farmers, 11 kv feeders have been separated for households and farmers under phase 1 of the on-going program. This would enable households to receive reliable and quality power supply, which is at par with the urban population of the project area. Once the feeder separation is accomplished, supply to the households would be through the high voltage distribution system (HVDS) resulting in reduction of commercial losses. Of the total 50 districts in MP, phase two covers 29 districts which are served by three distribution companies: DISCOM-C (central distribution zone of MP), DISCOM-E (eastern distribution zone of MP), and DISCOM-W (western distribution zone of MP). The project activities include installation of new 11 kv feeders, conversion of low tension (LT) feeders to 11 kv feeders, installation of distribution transformers, and installation of meters and service line renovations. 4. Government of Madhya Pradesh has set up an ambitious target to ensure 24-hour quality power supply in every household in the state while ensuring 8-hour supply of power to the water pumps by end of Together with the feeder separation, installation of HVDS 1 The RP is prepared for the distribution component which does not entail any land acquisition and resettlement issues. The temporary impacts are also minimized to the best extent possible where there is very minor loss of crop during construction is anticipated and which are unforeseen currently. The RP is based on some assumptions on the 11 kv distribution lines. 2 A proposed project is classified as category B if it includes involuntary resettlement impacts that are not deemed significant which means less than 200 or persons will 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). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks. A resettlement plan is required for category B project 3 Once feeders are separated and HVDS systems are in place, illegal tapping of power to run water pumps will not be possible. 4 Feeder separation refers to supply of electricity to households and water pumps separately. This will allow the distribution company to cut off supply to water pumps as and when needed, undertake proper every audits and locate the commercial losses more accurately. 1

7 systems and upgrading of distribution system result in energy efficiency improvement, commercial loss reduction and associated revenue increase for the distribution companies. The on-going investment program - MP Power Sector Investment Program- has been undertaking similar distribution improvements in MP. The distribution companies have been able to reduce their losses considerably because of the on-going project and financial positions of the DISCOMs have improved over time. However, the DISCOMs are yet to record profits and the proposed investments would enable them to become financially sustainable. The proposed program is a continuation of on-going distribution improvements and it will enable reaping the full benefits of power sector reforms undertaken with the help of ADB program loan (IND ) that created an enabling policy framework. Thus the overall objectives of the proposed project are well within the energy policies of ADB and Government of India. 5. For ensuring better power supply in rural areas that need strengthening of existing infrastructure and building up of new infrastructure, the Government of Madhya Pradesh (GoMP) has requested the Asian Development Bank (ADB) through the Government of India (GoI) for a Multi-Tranche Financing Facility (MFF) to part finance the feeder separation investment program. The investment program covers physical investments in distribution systems (feeder separation), energy efficiency, and establishment of Geographical Information System (GIS). The program finances the feeder separation program in two Tranches executed under the MFF. 6. The investments to be supported by ADB will lead to (i) improvement in quality and reliability of power supply; (ii) prevention of theft/direct hooking from low tension (LT) network catering to non-agricultural load; (iii) reduction in Aggregate Technical and Commercial (AT&C) losses; (iv) reduction in equipment/plant failure; (v) flexible load management for DISCOMS. The proposed program will sustain the reform agenda established with earlier ADB support, and is expected to help attract other long-term financiers to the sector. 7. For the consumers in rural areas, the proposed project activities will lead to improvement of (i) three phase power supply in populated areas at par with Tehsil towns; (ii) better health care services and education facilities; (iii) improvement in living condition in rural area on account of access to a wide variety of goods and local employment generation through new industrial and commercial activities in villages (iv) reduction in failure of agriculture pumps due to improved voltage; (v) optimal use of ground water resources through regulated supply of power for irrigation purpose. 8. The key aspect of the feeder separation project is separation of the irrigation and residential/commercial loads in rural areas and to adopt measures to check pilferage of electricity. The main project activities includes (i) erection of 11 kv additional bays along with VCB, control relay panel; (ii) Laying of 11 kv lines on PCC poles with (rabbit) AAA conductor; (iii) Installation of 25 kva 11/0.433 kv distribution transformers; (iv) HVDS System (Conversion of existing LT to HT line);(v) 33 kv bays at EHV substations, 33 kv new substations and 33 kv lines; (vi) Replacement of bare conductor of LT lines by AB cables; (vii) provision of meters for un-metered consumers; and(viii) GIS based consumer indexing and asset mapping. The broad components are as follows. I. Component 1: Feeder separation work will include the activities directly related to the provision of a dedicated new supply line either to households or to farms. These will typically be addition of new 11 kv bays at existing primary substations and construction of new 11 kv lines. Under the feeder separation component, new 2

8 transformers for agricultural feeders will be installed. All 11 kv rehabilitation and upgrades are also undertaken as a part of this component. II. III. Component 2: Installation of HVDS in village feeder, and associated work are included in this component. It will install 11/0.433 kv distribution transformers in new locations closer to the households, as required. Associated low voltage (LV) line work under the HVDS is also included in this component. Component 3: Analysis, quality improvement and metering. The asset mapping, the associated GPS survey, and improvements to the metering system and overall improvement of the network management at 33 kv and below, will be included in this component. 9. The project will positively impact the development of rural areas in Madhya Pradesh in a most cost-effective manner. The project implementation would lead to successful feeder separation of all rural areas in the 29 districts. Table 1 gives the list of project components to be funded under the Tranche 1. Table 1: Project Components Funded under Tranche-1 S No Items Unit Quantity 1 11 kv bays at 33/11 kv substations No. 1, kv lines km 19,092 3 Distribution transformer substations No. 26,014 4 LT line km 18,057 5 HVDS system (conversion of existing LT to HT line) km New metered connections No. 684,636 7 Defective meter replacements No. 158,175 8 GPS Survey 10. The tranche-1 subprojects will be located in 4 districts in DISCOM-C, 9 districts in DISCOM-E, and 5 districts in DISCOM-W. Within each district, the project activities are distributed over several divisions. The districts and divisions are provided in Table 2 and the map of the area is shown in Figure-1. Table 2: Sub-Project Locations Central DISCOM East DISCOM West DISCOM District Division District Division District Division 1. Rajgarh 1. Rajgarh I 2. Rajgarh II- Biora 3. Rajgarh II 1. Narsinghpur 1. Narsinghpur 1. Jhabua 1. Jhabua Narsinghgarh 2. Shivpuri 4. Shivpuri-I 5. Shivpuri-II 6. Pichhore 2. Chhindwara 2. East Cwa 3. Junnardeo 2. Alirajpur 2. Alirajpur 3. Guna 7. Guna 3. Seoni 4. Seoni 3. Ujjain 3. Ujjain 4. Tarana 5. Barnagar 6. Mahidpur 3

9 4. Ashok Nagar Central DISCOM East DISCOM West DISCOM 7. Nagda 8. Ashok Nagar 4. Sagar 5. Sagar 6. Bina 4. Dewas 8. Dewas 9. Sonkachh 10. Kannod 11. Bagli 5. Damoh 7. North 5. Shajapur 12. Aagar 13. Shajpur 6. Chhatarpur 8. Chhatarpur 7. Tikamgarh 9. Prithvipur Figure 1 Distribution Areas of each DISCOM in Madhya Pradesh II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 11. There will be no impact on land acquisition and resettlement. However, temporary impacts on loss of crop are anticipated during construction of lines which is negligible. The impact is assessed on assumption. Distribution lines do not entail any resettlement issues. However, unforeseen impacts may arise during construction for which provision for mitigation and compensation is made in the Resettlement Plan. The Resettlement plan aims at necessary mitigations in terms of minimizing the impacts and outlines the provision for compensation for loss of crops during the construction if any. As a standard practice, construction activities related to distribution lines are scheduled during off season to minimize the crop damage. Farmers also do not object for construction of distribution lines because of the direct benefits 4

10 they expect from the reliable power supply. The detailed line alignment will be done by the construction contractor prior to the construction. While most of construction activities in 11 kv distribution components will avoid crop damage, it is anticipated to have some temporary impact. Therefore, the impacts are limited to temporary damage on crops in certain circumstances (assumed to be 10% in this case) during the construction of lines. A brief summary on subproject components and its impacts is given in Table 3. Table-3: Impact on Land Acquisition and Resettlement (Tranche-1) No. Item Unit Quantity Permanent Impact on Land Acquisition and Resettlement Temporary Impact on loss of crops during Construction (unforeseen Impacts) DISCOM-C 1 Component 1: Feeder separation Extension of 11kV bay in existing 33/11 kv substation Nos 257 Nil Nil 2 11 kv line on 140 kg, 8 m PCC pole Km 5,153 Nil Minimum 3 11 kv DP structure on 140 kg, 8 m PCC pole Nos 5,152 Nil Nil 4 Road crossing on H-Beam Nos 255 Nil Nil 5 Raising the height for vertical clearance of 11 kv line Nos 1,970 Nil Nil 6 25 kva, 11/0.433 kv, 3-phase distribution transformer substation Nos 9,165 Nil Nil 7 Installation of 11 kv AB switch on 11 kv line Nos 2,545 Nil Nil Component 2: HVDS and associated LV lines HVDS (conversion of existing LV to HV line) on 140 kg, 8 m PCC pole km 607 Nil Minimum LV line 3-phase, 5-wire overhead using AB cable XLPE 50 sqmm on PCC Pole 140 kg, 8 m km 582 Nil Minimum Replacement of AAAC/ACSR conductor by AB cable XLPE 50 sqmm on existing 3-phase LV line km 1,456 Nil Minimum Replacement of AAAC/ACSR conductor by AB cable XLPE 25 sqmm on existing 3-phase LV line km 3,037 Nil Minimum Shifting of existing 11/0.433 kv 3-phase distribution transformer substation to new location for separation of agricultural pump consumers from other consumers Nos 1,267 Nil Nil Renovation of existing transformer, and installation and commissioning of energy meter on existing distribution transformer Nos 2,531 Nil Nil Component 3: Analysis, quality improvement and metering Material & erection of new meter to unmetered consumer Nos 99,922 Nil Nil 15 Providing new single phase connections Nos 99,922 Nil Nil 16 Providing new 3-phase connections Nos 24,980 Nil Nil Replacement of defective single phase/three 17 phase meter Nos 24,980 Nil Nil DISCOM-E 5

11 No. Item Unit Quantity Permanent Impact on Land Acquisition and Resettlement Temporary Impact on loss of crops during Construction (unforeseen Impacts) 1 Component 1: Feeder separation Extension of 11 kv bay in existing 33/11 kv substation Nos 500 Nil Nil 2 11 kv line on 140 kg, 8 m PCC pole with DP km 11,013 Nil Minimum 25 kva, 11/0.433 kv, 3-phase distribution 3 transformer substation with metering Nos 7,660 Nil Nil Component 2: HVDS and associated LV lines LV line 3-phase 5-wire overhead using AB cable XLPE 50 sqmm on PCC pole 140 kg, 8 m km 919 Nil Minimum Replacement of AAAC/ACSR conductor by AB cable XLPE 50 sqmm on existing 3-phase LV line km 2,298 Nil Minimum Replacement of AAAC/ACSR conductor by AB cable XLPE 25 sqmm on existing 3-phase LV line km 3,447 Nil Minimum Component 3: Analysis, quality improvement and metering Providing meters for new & existing connections with renovation of service lines (includes 10% of the existing consumers & new connections) Nos 1,76,073 Nil Nil 8 GPS survey DISCOM-W 1 Component 1: Feeder separation Extension of 11 kv bay in existing 33/11 kv substation Nos 451 Nil Nil 2 11 kv line on 140 kg 8 m PCC pole with DP km 2,926 Nil Minimum 25 kva, 11/0.433 kv, 3-phase distribution 3 transformer substation with metering Nos 9,189 Nil Nil 4 11 kv DP structure on 8 m PCC pole Nos 3,260 Nil Nil 5 Four pole structure Nos 213 Nil Nil 6 Road/river/railway crossings Na Nil Nil Component 2: HVDS and associated LV lines 7 LV to HV conversion (HVDS) km 3,021 Nil Minimum 8 LV line 3-phase 5-wire overhead using AB cable XLPE 50 sqmm on PCC pole 140 kg, 8 m km 480 Nil Minimum 9 Replacement of AAAC/ACSR conductor by AB cable XLPE 50 sqmm on existing 3-phase LV line. km 3503 Nil Minimum 10 Replacement of AAAC/ACSR conductor by AB cable XLPE 25 sqmm on existing 3-phase LV Line km 2336 Nil Minimum Component 3: Analysis, quality improvement and metering 11 Cost of providing meters for new & existing connections with renovation of service lines Nos 1,94,510 Nil Nil 6

12 III. SOCIOECONOMIC INFORMATION/PROFILE 12. The general socio economic condition of the project area is homogenous in nature. The direct influence area is operational area covered under the three Discoms zone and the indirect impact zone would be the state in total. The population density of M.P. is 196 per square kilometre. As per the national Census of 2001, total population of Madhya Pradesh was 60,385,118 persons, of which 52% is male and 481% is the female. The sex ratio (i.e., the number of females per thousand males) is 933:1000. The literacy rate is 64.11% of the total population. Out of the literate population, 76.80% population is male and 50.28% is female. 74% of the total households belong to the rural area and 26% belongs to the urban area. Net sown area under agriculture is 49% and forest land covers around 28% of the total geographical area. 57%of the total population are non worker and 32% are the main worker where as 11% are the marginal worker. According to the National Sample Survey (NSS) 55th round, 37.43% of the population is below poverty line in the state. The prime source of income among the APs is agriculture. 13. Tranche-1 components will not have any impacts on indigenous people. The magnitude of construction activities is minimal which will not be a threat to the existing community in the project area. The impact on land acquisition and resettlement is none. Usually, Indigenous peoples (IP) are defined as those having a distinct social, cultural, economic, and political traditions and institutions compared with the mainstream or dominant society. ADB defines IP who have peculiar characteristics which are: (i) descent from population groups present in a given area before territories were defined; (ii) maintenance of cultural and social identities separate from dominant societies and cultures; (iii) self identification and identification by others are being part of a distinct cultural group; (iv) linguistic identity different from that of dominant society; (v) social, cultural, economic and political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more toward traditional production systems rather than mainstream; and (vii) unique ties and attachments to traditional habitats and ancestral territories. In India, some of the STs are considered to be the IPs who has some similarities with the definition of ADB. The Indian Constitution (Article 342) defines Scheduled Tribes (STs) with special characteristics such as (i) primitive traits, (ii) distinctive culture, (iii) shyness with the public at large, (iv) geographical isolation and (v) social and economic backwardness. However, Constitutional protection and programs for tribal development have brought significant changes since 1947 which played a major role to bring the STs in to mainstream society. 14. STs in general, in the project area interact closely with mainstream society and hence considered to be mainstreamed as far as their language, economic activity and socio cultural activities are concerned. These STs in the project area are not primitive and do not bear any distinct characteristics with that of the mainstream population and therefore, they are not considered to be IP as far as ADB s definition is concerned. There will be no land acquisition in the project; hence none of the STs are to be affected by the project. The impact assessment and public consultation in the project area reveals that no Indigenous People (or scheduled tribes) will be positively or negatively affected or displaced as a result of the Project. Tribal blocks and villages are also electrified. However, an Indigenous Peoples Framework (IPF) has been prepared for the entire facility/investment program which will address any unforeseen impact on STs/IPs. Women in the project area are largely involved in household work, cultivation and other agricultural activities. Any negative impacts on female-headed households will be considered on a case-by-case basis and, where eligible, livelihood assistance will be provided to these households on a priority basis as per the Resettlement Framework. 7

13 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 15. Public consultation/information disclosure is an integral part of the environmental and social assessment of the Project. Consultations were carried out with various stakeholders during processing of the MFF and specifically during the Tranche-1 project preparation. As integral part of the social and safeguards planning, consultations in the project areas were carried out with village community and were informed about the project. Consultations were held to ensure participation and minimization of the negative impacts. Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews and group discussions etc. To understand the socio-economic profile of the project area, Focused Group Discussions (FGD) were conducted at rural as well urban areas at 26 locations/villages of various project districts during the month of February to March 2011 which included 440 numbers of participants. The same will be continued during the project implementation. 16. Public consultations were conducted in semi-urban and rural areas with persons of proposed project affected area during February to March The community consulted was requested to air their opinions freely, on the project, its impact, and suggestions for mitigating adverse impacts. People participated in voluntary public consultation sessions to express their view about the proposed project. No major environmental and social issues were raised during the consultation process. People are most supportive of the project stating that the Project will help bring reliable power, work and labour opportunities in the area and improve distribution infrastructure and will improve their living conditions. The most notable fact echoed by most of the participants was that establishment of the new distribution lines will improve land value in their respective areas. Some villages also reported that the power was supplied every alternate day which is having adverse impact on studies of the children. Most complained that there was not sufficient voltage available during the examination period of students. The farmers perceived that infrequent power supply and low voltage had a bad impact on crops. 17. Almost all the villages felt that the project will definitely increase the employment potential of the people. Through the availability of regular electricity, employment through agriculture and other commercial activities will increase in the project area. Besides agriculture, this project will help in other allied activities after getting sufficient power supply. The project will result in changes in cropping pattern and the farmers can grow more cash crops. During the consultation, the villagers felt that there will be no negative impact on foodgrain, availability, no negative impact on soil water, and land use or migration pattern; project will not cause widespread imbalance and it will not have adverse health and safety issues besides they do not expect the project to cause any resettlement and land acquisition. All the villagers admitted that the consultation as very useful, and very happy as they got an opportunity to share their views before the government officials. All the participants during the consultation admitted that the local people would provide full cooperation and support the implementation of the project. A summary list of places where FGDs were carried out during the social and environment assessment is given in Table 4. Detailed Records of public consultations are attached in Annex 1. 8

14 Table 4: Consultation Details Sl. No Name of Village Name of Panchyat Name of District 1 Sap chauli Jakhodo Muriana 2 Gara dohi Bilawar khurd Chhindwara 3 Soni Soni Bhind 4 Ranpur Ranpur Muriana 5 Pachookara Panchkhara Datia 6 Jorasi Jorasi Gwalior 7 Semari Shahabad Semari shahbad Ashok nagar 8 Pagara Pagara Guna 9 Sensaipura Sensiapura Sheopar 10 Kathoutia Kathoutia Narsinghpur 11 Barheta Barheta Narsingpur 12 karanpur Karanpur Seori 13 Suktara Suktara Seoni 14 Kosani Sona pipari Chindwara 15 Sihara Sihara Chindwara 16 Umaria Umaria ishara Chhindwara 17 Mehara Khapa Mehara khapa Chhindwara 18 Khairi Paika Khairi paika Chhindwara 19 Khairi Marla Khiria Domoh 20 Marala Marala Panna 21 Brijpura Brijpura Chhatarpur 22 Barkhera Barkhera Sagar 23 Charpurwari Charpuwari Tikamgarh 24 Chandra Nagar Chandra nagar Chhatarpur 25 Sanodha Sanodha Sagar 26 Piparsama Piparsama Shivpuri 18. Consultation process will be carried out throughout the project cycle. Various consultation measures are envisaged for the project such as; (i) DISCOM will inform through the help of contractor and official about the construction schedule to minimize the temporary impact, (ii) DISCOM will inform the communities about progress made in the implementation of resettlement, social and environmental activities, (iii) DISCOM will inform the APs on compensation and assistance to be paid for the temporary loss of crop and trees, (iv) all monitoring reports will be disclosed in the same manner as the RP and (v) attempts will be made to ensure that vulnerable groups understand the process and that their specific needs are taken into account. 19. Project information will be disseminated through disclosure of RF and the RP. The summary of the RP including the eligibility and entitlement will be translated into the local language (Hindi) and will be disclosed to the APs through keeping these documents at the site level offices of EA/DISCOMS. The same will be made available at each PMU. A copy of the RP will be disclosed on DISCOM website and the same will be uploaded in ADB website. 9

15 V. GRIEVANCE REDRESS MECHANISMS 20. There is a need for an efficient grievance redress mechanism, which will assist the APs in resolving queries and complaints. DISCOMs will establish a mechanism to receive and facilitate the resolution of affected persons concerns and grievances, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism will address affected persons concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the affected persons at no costs and without retribution. A Grievance Redress Committee (GRC) will be formed to ensure APs grievances are addressed and facilitate timely project implementation. Minor grievance will be redressed at the site level through the concerned project engineer of DISCOMs and contractor failing which the case will be referred to the GRC. If the AP is not satisfied with the decision by the GRC then he/she will have the right to approach the appropriate court of law for the redress. The GRC will have representatives from APs, head of PMU, field level staff, district collector/magistrate or representatives from the collector/magistrate office, local administration and local community. The GRC will meet once a month if major grievance arises. The main responsibilities of the GRC are to: (i) provide support to APs on problems arising from compensation; (ii) record AP grievances, categorize, and prioritize grievances and resolve them within 4 weeks; (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. GRC will review grievances involving all resettlement benefits, compensation, and other assistance. Grievances will be redressed within 4 weeks from the date of lodging the complaints. The GRCs will continue to function during the life of the Project including the defects liability period. Grievance redress procedure is shown in Figure 2: Figure 2: Grievance Redress Mechanism Aggrieved Party (Affected Persons) Filed Level Staff (DISCOM) Within 15 days Grievance Redressed Grievance Not Redressed (Major Grievances) Grievance Redress Committee (GRC) Within 30 days Grievance Redressed Grievance Not Addressed Appropriate Court of Law 10

16 VI. LEGAL FRAMEWORK 21. The RP is based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. A summary of applicable acts and policies is presented in the following paragraphs and the detailed policy review and comparison is provided in the Resettlement Framework 22. Land Acquisition Act-1894: The Land acquisition Act (LAA) 1894, as amended in 1984 provides the legal framework for land acquisition for a public purpose in India. It enables the State Government to acquire private lands for a public purpose, and seeks to ensure that no person is deprived of land except under the Act. Under the Land Acquisition Act 1894, compensation is paid only to the legal titleholders and does not provide any compensation package to the non-titleholders like encroachers, squatters etc. 23. National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007): 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 policy provides for the basic minimum requirements, and 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. 24. Madhya Pradesh Resettlement and Rehabilitation Policy, 2002 (MPRR): The Ideal Rehabilitation Policy of Government of Madhya Pradesh, 2002 applies to all the developmental activities which include displacement and land acquisition for all the departments and sectors. However, the policy encourages every department to follow their own policy (if any) if the departmental policy covers better entitlements than this policy. 25. Safeguard Policy Statement, 2009: ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objective of the involuntary resettlement 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-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. 26. 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. Followings are the basic policy principle of ADB s SPS: Identification of past, present, and future involuntary resettlement impacts and risks and determination of the scope of resettlement planning. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Improvement or at least restoration of the livelihoods of all displaced persons, 11

17 Ensure physically and economically displaced persons with needed assistance. Improvement of the standards of living of the displaced poor and other vulnerable groups. Development of procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement, 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 nonland assets. Preparation of 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. Disclosure of resettlement plan, including documentation of the consultation process in a timely manner to affected persons and other stakeholders. Execution of involuntary resettlement as part of a development project or program. Payment of compensation and provide other resettlement entitlements before physical or economic displacement. Monitoring and assessment of resettlement outcomes, their impacts on the standards of living of displaced persons 27. Based on the above analysis of applicable legal and policy frameworks of the country and in consistent with ADB s policy requirements the broad resettlement principle for this project shall be the following: The involuntary resettlement would be avoided wherever possible or minimized as much as possible by exploring project and design alternatives. The Project or all subprojects under the program will be screened to identify past, present, and future involuntary resettlement impacts and risks. The scope of resettlement planning will be determined through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Meaningful consultations with affected persons, host communities, and concerned non-government organizations will be carried out and all displaced persons will be informed of their entitlements and resettlement options. AP s participation in planning, implementation, and monitoring and evaluation of resettlement programs will be ensured. Particular attention will be paid 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. An effective grievance redress mechanism will be established to receive and facilitate resolution of the affected persons concerns. The social and cultural institutions of displaced persons and their host population will be supported through proper planning. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 12

18 The livelihoods of all displaced persons will be improved or at least restored 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. Physically and economically displaced persons will be provided with needed assistance, including (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. The standards of living of the displaced poor and other vulnerable groups, including women, will be improved to at least national minimum standards. In rural areas legal and affordable access to land and resources will be provided, and in urban areas appropriate income sources and legal and affordable access to adequate housing will be provided to the displaced poor. If land acquisition is through negotiated settlement, procedures will be developed in a transparent, consistent, and equitable manner to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. If, however, the negotiated settlement fails, the normal procedure of land acquisition will be followed. Displaced persons without titles to land or any recognizable legal rights to land will be ensured that they are eligible for resettlement assistance and compensation for loss of non-land assets. A resettlement plan will be prepared elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. The draft resettlement plan, including documentation of the consultation process will be disclosed in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected persons and other stakeholders. The final resettlement plan and its updates will also be disclosed to affected persons and other stakeholders. Involuntary resettlement will be conceived and executed as part of a development project or program. Full costs of resettlement will be included 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. 13

19 All compensation will be paid and other resettlement entitlements will be provided before physical or economic displacement. The resettlement plan will be implemented under close supervision throughout project implementation. Resettlement outcomes, their impacts on the standards of living of displaced persons will be monitored; it will be accessed whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Monitoring reports will be disclosed to APs. Land acquisition for the project would be done as per both LAA and the BLARRP To meet the replacement cost of land payment of compensation in revised rate i.e. 50% additional as registration cost plus 60% solatium will be provided to each land holders. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of Land Acquisition Act. The owner of such land/property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the district. People moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act, 1894 will be treated as the cut-off date. For non-titleholders the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date. All common property resources (CPR) lost due to the project will be replaced or compensated by the project. 28. The project will recognize broadly three types of displaced persons like (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to all three types of displaced persons. The tranche-1 components will not have any permanent impact. Therefore, it will cover only temporary impacts on crops during construction in certain cases VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 29. APs entitled for compensation or at least rehabilitation provisions under the Project are (i) All APs losing land either covered by legal title/traditional land rights, or without legal status; (ii) Tenants and sharecroppers whether registered or not; (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 subproject. For the legal title holder, the issuance of Section 4 notification of LA Act will serve as the cut-off-date. For non- 14

20 titleholders, the day of the Census Survey will serve as the cut-off-date. 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. Tranche-1 components will deal with temporary impact on crop and its compensation where applicable. An entitlement matrix is described in Table 5. Table-5: Entitlement Matrix Type of Losses Definition of APs Entitlement Details 1. Temporary Loss Temporary loss of land and temporary damage on loss of crops during construction 2. Vulnerable Households Impacts on vulnerable APs All APs losing land and crops on temporary basis during the construction period of the lines Farming households Sharecroppers Tenants non-titled households Notice to harvest standing crops Compensatio n at market value for one season Restoration Provision of rent for period of occupation for legal titleholders. Compensation for assets lost at replacement value. Restoration of land to previous or better quality Additionally, Cash Compensation will be paid for the temporary damage of crop under the RoW during the maintenance and repair after the construction. In case there is a need for repair or maintenance of the distribution lines in the future, the project authorities would consult with land owners for access to the land for maintenance and repairs, when necessary, and that the land owners would continue to use the land for farming activities. All impacts Vulnerable APs Vulnerable households will be given priority in project construction employment where feasible. (Vulnerable APs include BPL households, scheduled tribe household, women headed household and physically handicapped households) 3. Unanticipated Impacts Other Impacts Not Identified Affected households or individuals Compensatio n and assistance Unforeseen impacts will be documented and mitigated based on the principles agreed upon in the resettlement framework VIII. RELOCATION AND INCOME RESTORATION 30. The tranche-1 subproject will neither result in any physical displacement nor economic displacement except some temporary impacts on loss of crops at few places during the construction. Compensation will be paid by DISCOM as per the entitlement matrix and based on market value. Additionally, vulnerable households will be given priority for employment during construction. DISCOM and contractor will ensure that advance notice is issued to the APs prior to the start of construction works and that compensation is also completed before then. In case of any maintenance work in the future, DISCOM and contractor will pay the APs for any loss of crop due to the work. Compensation and assistance to affected persons must be made prior to possession of land/assets and prior to the award of civil works contracts. 15