Beruflich Dokumente
Kultur Dokumente
GOVERNMENT OF PAKISTAN
OCTOBER 2012
Table of Contents
TABLE OF CONTENTS .......................................................................................................................................... 2
ABBREVIATIONS ................................................................................................................................................. 4
DEFINITION OF TERMS ........................................................................................................................................ 5
EXECUTIVE SUMMARY ........................................................................................................................................ 6
1.
INTRODUCTION........................................................................................................................................ 8
1.1
1.2
2.
BACKGROUND........................................................................................................................................ 8
DESCRIPTION OF THE SUBPROJECT......................................................................................................... 8
3.
4.
5.
6.
7.
8.
9.
IMPLEMENTATION SCHEDULE......................................................................................................... 27
10.
10.1
10.3
10.4
10.5
Abbreviations
ADB
ADB TA
CED
DHs
Displaced Households
DOR
DPs
Displaced Persons
EMC
ESIC
ft
GRC
GSC
IMO
IPDF
IPDP
IPP
kanal
km
kilometer
kV
kilo-Volt
LAA
LAC
LARF
LARP
meter
marla
MRM
NGO
Non-governmental organization
NWFP
PD GSC
PEPCO
PESCO
PIB
PIU
PIC
PMU
PPTA
RFS
ROW
Right-of-way
Rs.
TL
Transmission Line
TOR
Terms of Reference
WAPDA
2)
Definition of Terms
Displaced persons (DPs)
Compensation
Cut-off-date
means the date after which people will NOT be considered eligible for
compensation i.e. they are not included in the list of DHs as defined by
the census. Normally, the cut-off date is the date of the detailed
measurement survey.
Encroachers
mean those people who extend their occupation beyond the lands they
legally own; usually not entitled to compensation but at times provided
with assistance if they are vulnerable.
Entitlements
Land acquisition
Non-titled
means those who have no recognizable rights or claims to the land that
they are occupying and includes people using private or state land
without permission, permit or grant i.e. those people without legal title to
land and/or structures occupied or used by them. ADBs policy explicitly
states that such people cannot be denied compensation.
Poor
means those falling below the official national poverty line (equivalent to
2,350 calories per day) of Rs 848.79 per person per month (2004).
Replacement cost
Sharecropper
Significant impact
means 200 people or more will experience major impacts, which are
defined as; (i) being physically displaced from housing, or (ii) losing ten
per cent or more of their productive assets (income generating).
Vulnerable
means any people who might suffer disproportionately or face the risk of
being marginalized from the effects of resettlement and includes; (i)
female-headed households with dependents; (ii) disabled household
heads; (iii) poor households (within the meaning given previously); (iv)
landless; (v) elderly households with no means of support; (vi)
households without security of tenure; (vii) ethnic minorities; and (viii)
marginal farmers (with landholdings of five acres or less, i.e., two
hectares or less).
Executive Summary
1.
The Subproject:
The up-gradation of 66KV Kulachi grid station and
transmission line subproject has been prepared by the Peshawar Electric Supply
Company (PESCO) to provide to the Teh: Kulachi and the surrounding villages with a
more reliable source of electric power than what they currently have from the existing
66KV Kulachi grid station.
2.
The Technical Design of T/Line has not finalized / approved by NTDC. However
this LARP is prepared on the basis of information provided by the surveyor office of
Project Director (GSC) PESCO after the short survey of the project area
3.
Resettlement Impacts. The new grid station will be constructed on the existing
PESCO land of 66KV Grid Station as under the policy 66KV Grid Station will be eliminate
latter on. The Grid Station will be constructed on the existing PESCO land and thus nobody
will be affected. Hence, neither the ADB SPS nor the is triggered. The transmission line will,
however, pass through the lands of only 4 villages. No built-up structure but approximately.
100 trees will be affected. Crop over as a result, only 93 farming households (DHs) will be
affected by losing seasonal agricultural crops over 472440 meter square land .All the project
area is rain fed and crops of the area are wheat and Grams.
4.
Compensation and rehabilitation for losses and impacts will be provided in
accordance to the following matrix (see Table 1 below). This entitlements matrix contains
provisions for the actual impacts of this Subproject.
Table 1: Compensation Eligibility and Entitlements Matrix for This Subproject
Asset
Specification
Not applicable
Arable Land
temporarily affected
by construction of
towers or TL.
Crops
Trees
Affected People
N.A
Landowners /
Self-Farmers
93 DHs
Crops affected
(damaged/lost)
Trees removed
Compensation Entitlements
up-gradation of
66KV Kulachi grid
station
Titleholder
Landowners
(Self-Farmers)
93 DHs
5.
Cut-off-Date. Compensation eligibility will be limited by the cut-off date on
completion of the final census after the line route survey is finalized. The DHs (that settle in
the affected areas and/or make changes in the land use patterns) after this cut-off-date will
not be eligible for compensation. They will, however, be given a three months notice
requesting them to vacate the premises/corridor and dismantle the affected structures
and/or other establishments (if any) prior to project implementation. The LARP will be
updated to include final censuses, socio-economic survey, updated compensation prices
and the budget. The updated LARP WIL be forwarded to ADB and disclosed to the DPs.
6.
The LARP will be updated once final route survey is approved. The updated
LARP will include, updated compensation at replacement value in the year the damage is
caused, updated census, socioeconomic survey and budget.
7.
Indigenous People Issues. All of the DHs are Muslim and ethnically Sariki. The
ADBs Policy on Indigenous People, as specified in the Indigenous Peoples Planning
Framework (IPPF) prepared for this program is not triggered, and therefore neither an IPPP
nor special action is required for this subproject.
8.
Significance of Impact. The construction of new transmission line will affect only
crops and wood trees. It will not cause any restriction on use of, or access to, the land under
towers, and thus, there will be no permanent loss of land. No houses or community
structures will be affected. As no assets will be lost permanently, and none of the DHs will
be displaced or lose more than 10% of their productive assets, the resettlement impacts will
be non-significant, and hence, this short land acquisition and resettlement plan (LARP) has
been prepared.
9.
Participatory Land Acquisition Process. For the final preparation of this LARP,
consultation along with will be undertaken, through meetings with men and women of the
affected households and other community members.
11.
Grievance Mechanism. There is a process established to deal with any issues
or concerns raised on any aspect of the LARP or compensation process. The verbal or
written grievances of DHs will be heard, Grievance Redress Committee (GRC).
12.
Cost of LARP. During short survey it has been observed that total line is
passing through barren land (rain fed area) however seasonal crops wheat & Gram may
be cultivated in future. The tentative cost has worked out on the basis of data used for
revised LARP of D.I.Khan (Gomal University)
Table 2: Tentative Resettlement Cost of up-gradation of 66KV Kulachi grid station
No.
A
A.1
Resettlement Activity
No.
-
Unit
-
Rs./Unit
-
Total Rs.(Mln)
220.41
Kanal
3520
0.77
220.41
-
Kanal
-
7,000
-
1.54
-
TL Corridor Wheat
330.86
Kanal
3520
1.16
TL Corridor Gram
Subtotal A:
Administration Costs (15% of A)
Subtotal (A+B)
Contingency (10% ofC)
Total Amount (Pak. Rupees):
Total Amount (US Mln Dollars*):
330.86
0.15
0.10
-
Kanal
lumpsum
lumpsum
-
7,000
5780000
6.64
-
2.31
5.78
0.86
6.64
0.66
7.3
0.077
Crops:
Towers:
31 Towers Wheat
31 Towers Gram
TL Corridor:
A.2
A
B.
C.
D.
Note:
For preparation of final LARP of GU 106.73 Kanals for 10 Towers
(Erection + Stringing).
1.
1.1
INTRODUCTION
Background
1.
The Government of Pakistan has requested financing from Asian Development
Bank (ADB) for implementing the Power Distribution Enhancement Investment Program
(the Program), to be executed through a Multi-tranche Financial Facility (MFF) divided
into three tranches (or groups of subprojects). The Ministry of Water and Power is the
Executing Agency (EA) and the Peshawar Electric Supply Company (PESCO) is the
Implementing Agency (IA). Each of the programs tranches will constitute a project
which, in turn, will be divided into several subprojects involving the construction and/or
upgrading of the substations and transmission lines.
2.
This Land Acquisition and Resettlement Plan (LARP) has been prepared for the
up-gradation of 66KV Kulachi grid station and a 27.69 km long S/C circuit transmission
line, one of the subprojects included in Tranche 3 of the Program, and has been
prepared by PESCO.
3.
According to the ADB, SPS, Resettlement impacts are considered significant if >
200 people are physically displaced from housing or lose 10% or more of their
productive assets (income generating) are classified as category A. Projects which will
create non-significant impacts are classified as category B.. In both cases, a LARP is
prepared. The magnitude of impact is minor because the impacts are temporary and any
of the DHs will neither have to be rehabilitated nor will lose any of their income
generating assets. Therefore this short LARP has been prepared for the up-gradation of
66KV Kulachi grid station and transmission line subproject.
4.
The following sections of this LARP detail: (i) the principles and eligibility/
entitlement criteria for compensation or rehabilitation of DHs; (ii) the LARP institutional
organization; (iii) the various LARP implementation mechanisms (information disclosure,
participation and consultation, grievance redress and, monitoring and evaluation); and,
(iv) time schedule and budget.
1.2
5.
The PESCO currently supplies electric power to the Kulachi and its surrounding
villages from the existing 66KV Kulachi grid station which is already overloaded. As a
result, the villagers around have been suffering from poor voltage and frequent
breakdowns in power supply, and they have been complaining for the same for last
two/three years. Resettlement impacts will be non-significant, and hence, this short land
acquisition and resettlement plan (LARP) has been prepared.
6.
The up-gradation of 66KV Kulachi to 132KV grid station will be connected to the
existing 132kv D. I. Khan Tank S/C transmission line, by constructing a new 132kV
double circuit transmission line. The new 132kV transmission line will be 15.518 km long
and involve the construction of a total of 62 towers, The construction of the new 15.518
km long new 132kV transmission line will temporarily affect farmlands of farming
households, therefore, this short LARP has been prepared.
7.
The up-gradation of 66KV Kulachi grid station 15.518 km long 132kV single
circuit transmission line will be connected to the existing 132kv D. I. Khan Tank S/C
transmission line by constructing new towers Nos62
2.
8.
This section compares the Pakistani laws and regulations on land acquisition and
resettlement with the requirements of the ADB SPS and details the main components of
the policy framework prepared specifically for the Program to ensure that ADBs Policy
on Involuntary Resettlement is complied with (please, refer to Section 2.4).
2.1
9.
Regarding matters of land acquisition relative to subprojects requiring the
application of the right of eminent domain, LAR will be regulated by different bodies of
law, in particular the Land Acquisition Act (LAA) of 1894 covering land acquisition for
stations and towers in urban areas, and the Telegraphic Act of 1885 covering the
construction of towers in rural areas. The Katchi Abadis Act of 1987 will cover the
rehabilitation of affected squatters.
10.
As this specific subproject does not trigger application of any one of the above
mentioned laws and only requires compensation for the loss of crops and trees at the
current market rate, we assume any explanation of these laws here will be irrelevant.
However for confirmation and reference we are putting summaries of these laws in the
following sections and the full text is appended as Appendix-1
2.2
11.
The ADB SPS Involuntary Resettlement Principles are based on the following
principles:
Objectives: 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.
Scope and Triggers: 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.
Policy Principles:
1. Screen the project early on to identify past, present, and future involuntary
resettlement impacts and risks.
Determine the scope of resettlement planning through a survey and/or census of displaced
persons, including a gender analysis, specifically related to resettlement impacts and risks.
2. Carry out meaningful consultations with affected persons, host communities, and
concerned nongovernment organizations. Inform all displaced persons of their entitlements
and resettlement options. Ensure their participation in planning, implementation, and
monitoring and evaluation of resettlement programs. Pay particular attention to the needs
of vulnerable groups, especially those below the poverty line, the landless, the elderly,
women and children, and Indigenous Peoples, and those without legal title to land, and
ensure their participation in consultations. Establish a grievance redress mechanism to
receive and facilitate resolution of the affected persons concerns. Support the social and
cultural institutions of displaced persons and their host population. Where involuntary
resettlement impacts and risks are highly complex and sensitive, compensation and
resettlement decisions should be preceded by a social preparation phase.
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
3. Improve, or at least restore, the livelihoods of all displaced persons through (i) landbased 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.
4. Provide physically and economically displaced persons with needed assistance,
including the following: (i) if there is relocation, secured tenure to relocation land, better
housing at resettlement sites with comparable access to employment and production
opportunities, integration of resettled persons economically and socially into their host
communities, and extension of project benefits to host communities; (ii) transitional support
and development assistance, such as land development, credit facilities, training, or
employment opportunities; and (iii) civic infrastructure and community services, as
required.
5. Improve the standards of living of the displaced poor and other vulnerable groups,
including women, to at least national minimum standards. In rural areas provide them with
legal and affordable access to land and resources, and in urban areas provide them with
appropriate income sources and legal and affordable access to adequate housing.
6. Develop procedures in a transparent, consistent, and equitable manner if land
acquisition is through negotiated settlement to ensure that those people who enter into
negotiated settlements will maintain the same or better income and livelihood status.
7. Ensure that displaced persons without titles to land or any recognizable legal rights to
land are eligible for Resettlement assistance and compensation for loss of non land assets.
8. Prepare a resettlement plan elaborating on displaced persons entitlements, the income
and livelihood restoration strategy, institutional arrangements, monitoring and reporting
framework, budget, and time-bound implementation schedule.
9. Disclose a resettlement plan, including documentation of the consultation process in a
timely manner, before project appraisal, in an accessible place and a form and language(s)
understandable to affected persons and other stakeholders. Disclose the final resettlement
plan and its updates to affected persons and other stakeholders.
10. Conceive and execute involuntary resettlement as part of a development project or
program. Include the full costs of resettlement in the presentation of projects 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.
11. Pay compensation and provide other resettlement entitlements before physical or
economic displacement. Implement the resettlement plan under close supervision
throughout project implementation.
12. Monitor and assess resettlement outcomes, their impacts on the standards of living of
displaced persons, and whether the objectives of the resettlement plan have been
achieved by taking into account the baseline conditions and the results of resettlement
monitoring. Disclose monitoring reports.
2.3
12.
In principle, Pakistan Law and ADB Policy adhere not only to the objective of AH
compensation, but also to that of AH rehabilitation. However, Pakistan law is unclear on
how rehabilitation is to be achieved and in practice the provision of rehabilitation is left to
ad hoc arrangements of local governments and project proponents. To clarify these
issues and reconcile gaps between Pakistani Laws and ADB Policy, the PESCO will
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
10
comply with the prepared for the program, ensuring compensation at replacement cost
for all items affected, the rehabilitation of informal settlers, and the provision of subsidies
or allowances for any DHs that may be relocated, suffer business losses, or who may be
severely affected.
2.4
Land Classification
13.
In terms of application of the prepared for the program, identifying the type of
land affected is an important step in determining whether land is to be compensated or
not. According to the LARF, the land classification, as well as, land use will be the basis
for identifying the affected lands. They are: (i) urban versus rural lands; and, (ii)
residential/commercial versus agricultural lands.
14.
Urban or residential/commercial land affected by tower construction both in rural
and urban areas will be considered as acquired permanently and land compensation will
be paid to the affected households. Agricultural land in rural areas, instead, will not be
considered as permanently affected as long as permanent cultivation and access
remains possible under a tower and therefore will not be acquired and compensated.
However, when land under a tower become un-accessible agricultural /rural land will be
considered as permanently affected and as such acquired and compensated.
15.
For the Project Urban and Rural areas will be identified based board of revenue
records. Also for the Project residential, commercial and agricultural plots will be
identified based on the classification provided by district revenue records or based on
the actual use of the affected land prior to the entitlements cut-off date. In case of
discordance between revenue records and actual use the latter will prevail.
2.5
16.
As specified in the LARF, the construction of Towers and Distribution lines will
have to be carried based on the exercise of the right of Eminent Domain and will trigger
the application of the ADB policy on Involuntary Resettlement. Impacts reparation for
these items under the subproject will be carried out based on the compensation eligibility
and entitlements framework presented in the next sections of this chapter.
2.6
17.
Land acquisition tasks under the program, and for this PESCO subproject, will be
implemented according to a compensation eligibility and entitlements framework in line with
both Pakistans law/regulation and the ADB Policy.
2.7
18.
Eligibility
The DHs entitled to compensation and/or rehabilitation under the program are:
19.
Compensation eligibility will be limited by a cut-off date to be set for each
subproject on the stating day of the AH census and impact assessment. DHs who settle
in the affected areas the cut-off date will not be eligible for compensation. They will,
however be given sufficient advance notice, requested to vacate premises and dismantle
affected structures prior to project implementation. Their dismantled structures will not
be confiscated and they will not pay any fine or sanction. Forced eviction will only be
considered all other efforts are exhausted.
20.
They will be allowed to reuse their salvaged material for free Forced eviction will
only be considered all other efforts are exhausted.
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
11
2.8
Compensation Entitlements
21.
Based on the impact, entitlement provisions for DHs include replacement value
compensation for temporary crop loss and trees. These entitlements are detailed below:
Crops: Cash compensation at current market rate for the harvest actually lost
up to 3 harvests being as it may be winter or summer crop (for crops affected by
towers); 1 harvest being as it may be summer or winter crop (for crops affected
by the line stringing). Compensation will be paid both to the landowners and
tenants based on their specific sharecropping agreements.
2.9
22.
The methodology for assessing unit compensation values of different items
affected is as follows:
Agricultural crops will be valued in the year damages caused at net market rates at
the farm gate for the first year crop. In the eventuality that more than one-year
compensation is due to the DHs the crops after the first will be compensated at gross
market value.
Wood trees will be valued based on current market rates of the wood.
12
3.
3.1
ASSESSMENT OF IMPACTS
Resettlement Field Survey
23.
The finalized technical design of the subproject is a mandatory pre-requisite for
carrying out the resettlement field surveys. The design included the identification and
layout of the site and technical drawings showing the grid station site and line profile with
spotting of bases for towers. Having these pre-requisites, the RFS team undertook
fieldwork by actively involving the PESCOs field staff. The impact assessment involved
quantification and costing of affected area and assets through a participatory approach,
socioeconomic data on DHs, and consultation with gender-segregated groups of DHs
and other community members1.
24.
The Reconnaissance Field Survey (RFS) fieldwork was carried out in the
subproject area in August 2012. Upon approval of sub-project, detailed field surveys will
be carried out by a team comprising of one resettlement Specialist, surveyors, and
PESCOs technical surveyor and Assistant Directors, Environment and Social
Safeguards. Cut-of date will be fixed by PESCO after consultation with Consultants and
the same will be communicated to the DHs / affected communities during the community
consultation sessions, and will be further communicated through the Public Information
Brochure (PIB) in Urdu. The affected communities will be clearly informed that no
subsequent changes made in the land use pattern or construction of any structures will
be entertained by PESCO for compensation under this subproject.
3.2
Minimisation of Impacts
25.
PESCO usually takes all possible steps to safeguard against and minimize likely
adverse impacts on the local communities in the design and implementation of its power
distribution enhancement subprojects, involving construction of substations and
transmission lines. Accordingly, the following specific actions were applied to avoid and
minimize the likely resettlement impacts of this up-gradation of 66KV Kulachi grid station
and Transmission Line Subproject:
26.
As a result, no private productive land, buildings or farming enterprises will be
affected permanently. The transmission line will traverse throughout the open lands,
including private farmlands where only crops and trees will be affected temporarily by
the construction works.
3.3
3.3.1
General Description
27.
The up-gradation of 66KV Kulachi grid station and Transmission Line Subproject
involves the construction of a new grid station within the premises of PESCO and 15.518
km long 132kV S/C circuit transmission line from existing 132kv D. I. Khan-Tank S/C
transmission line.
28.
Compensation and rehabilitation for losses and impacts will be provided in
accordance to the following matrix (see Table 3.1 below). This entitlements matrix
contains provisions for the actual impacts of this Subproject,.
13
Table 3.1: Compensation Eligibility and Entitlements Matrix for This Subproject
Asset
Affected People
Specification
Not applicable
Arable Land
temporarily affected
by construction of
towers or TL.
Crops
Crops affected
(damaged/lost)
Trees
Trees removed
3.3.2
up-gradation of
66KV Kulachi grid
station
Titleholder
Landowners
(Self-Farmers)
93 DHs
Landowners /
Self-Farmers
93 DHs
Compensation Entitlements
N.A
29.
The new 132kV transmission line will be constructed by means of 62 Nos. towers
traversing a total of 15518 m length and 30 m width of productive and unproductive land.
No built-up structures will be affected by this Subproject. No land will be acquired
permanently for the transmission line. However, its construction and stringing works will
affect crops and wood trees within the 30m wide safety corridor. (Further details are
provided in Appendix 1: Working Tables).
Table 3.2: Type of Land Traversed by up-gradation of 66KV Kulachi grid station and
Transmission Line
Type of Land
Traversed
Productive Land
Unproductive Land
Total:
Towers
Number
%age
31
50
31
50
62
100.00
30.
Major crops grown in the area are wheat in the Rabi season (winter-spring) and
gram in the Kharif season (summer-autumn). This is the dominant cropping pattern in
the subproject area, with smaller areas of maiz and fodder. Thus, the subprojects
impact assessment has been made on the basis of wheat and Gram crop losses. In
addition, there are scattered wood trees, namely Acacia and Ber species, found mostly
on farmland boundaries.
Table 3.3: Wood Trees Affected by up-gradation of 66kv to 132kv Kulachi G/S
Affected Tree Species
Acacia
Ber
Total:
3.3.3
Impacts of Towers
31.
The new 132 kV transmission line will require the construction of 62 towers. No
private or public land will be acquired permanently, as none of the new towers will be
constructed in an established urban or a developing housing area, and sufficient
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
14
clearance will be provided under the towers for convenient mobility of tractors to allow
affected farmers to continue cultivating their lands without restriction.
32.
For the tower installation, crops in an area not only under the tower, but also in a
small perimeter surrounding it as the access, working and storage areas, will be affected
by the construction works. This area is assessed to be 900 m2 (0.09 ha) per 132kV
tower. Thus, the 62 towers will affect temporarily a total of 55800 m2 (55.8 ha) of
farmland.
33.
The farmlands under and around towers will, however, be affected temporarily
causing loss of crops during the 3-tier process of tower construction: (i) construction of
foundations; (ii) erection of towers; and, (iii) stringing of power cables. As a result, DHs
will suffer from crop losses for a maximum of three cropping seasons, namely: (i) Rabi
season 2010-11 (Wheat); (ii) Kharif season 2011 (gram) and, (iii) Rabi season 2012-13
(Wheat+Gram), for which they will be paid crop compensation at the current market
values of affected crops (wheat crops and Gram crop).
15
Table 3.4: Areas of Crops Affected by up-gradation of 66kv to 132kv Kulachi G/S
TL Component
Tower (62 Nos.)
TL Corridor
Total:
3.3.4
Length (m)
30x62=1860
13888
-
Width (m)
55800
416640
472440
Impacts of TL Corridor
34.
The sections of transmission line in-between the towers (termed as TL Corridor)
will cause damage to, or loss of, crops during the stringing of power cables. This last
activity is usually carried out rapidly, one stretch at a time, and completed in one
cropping season, for which one-crop compensation will be paid to all the DHs. In
addition, the DHs suffering loss of wood trees will be compensated for the loss. There
are no built-up structures affected by this subproject.
35.
Tables 3.4 above also shows that total length of the transmission line traversing
the productive farmlands, excluding the unproductive land under 62 towers, is 15518 m
or 15.518 km, thereby affecting crops on an area of 822960 m2 . The stringing of cables,
as the final activity, will affect only two crop (wheat + Gram crop: 2013), and accordingly
all the DHs will be paid compensation for one crop. The affected trees will be
compensated for once, based on the current market rates.
3.4
Significance of Impacts
36.
The impact of temporary loss of crops and trees will be minor or non-significant
for all DHs. The DHs own relatively large farms with fairly fertile irrigated lands, and none
will lose >10% of their total crop. The 30m wide corridor will be used temporarily as a
working corridor for installation of the new towers and stringing of the power lines.
16
4.
4.1
4.1.1
37.
After obtaining the pre-requisite location maps, field layout and profile drawings,
revenue records and in-field assistance of a technical surveyor, intensive fieldwork will
be carried out for preparing LARP. The field methodology will include carrying out of
RFS comprising 100% Census of DHs, and community consultation.
4.1.2
38.
There are 162 DHs with a total population of 1377 affected people (DPs)
impacted either by loss of structure or losses of crops or trees. The various impacts on
the AP have already been discussed in Section 3. All of the participants in the
Reconnaissance Field Survey (RFS) were the head of household. All the DHs are
Muslim and are ethnically Pashtoons.. The language of all APs is Pastoo..
4.1.3
Indigenous People
39.
None of the DHs are tribal or minority and all land is held in private ownership
(i.e. no tribal or communal ownership). Therefore the ADB, SPS principles on
indigenous people does not apply.
4.2
40.
All heads of DHs are male. In terms of marital status 85 % HDHs are married, 13
% are unmarried and 2 % is widowed. In terms of age, 74 % household heads are
between 41 and 60 years, 7 % are between 61 and 75 years, while 19 % are young,
aged between 30 and 40 years. There are no elderly HDHs (older than 75 years).
4.3
4.3.1
41.
Households in the subproject area are large, with an average size of 8.5 people
per household, and include joint or extended families. The smallest household is made
up of six people while the largest household consists of 11 people. Just over half (51%)
of all DPs are female.
4.3.2
Housing
42.
As already stated that Transmission Line will pass through rural areas. Housing
in the villages are mostly of bricks, where as some peoples in the subproject area live in
the dera which are made of mud with roofs of thatch and bamboo.
4.3.3
43.
As all DHs rely on farming for at least part of their income, the tenure of
agricultural land is an important factor in terms of security and sustainability of livelihood.
Among the DHs, all household heads stated they are the registered land owners. There
are no households that rent or lease agricultural land, no households that claim
ownership, and no squatters. None of the DPs is a share cropper or a lease holder.
Some DPs are engaged in livelihoods, and there are more male than female DPs
engaged in the three livelihood sectors. The primary livelihood sector is agriculture,
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
17
accounting for 50% working DPs, followed by 28% in waged employment and 21% in
small business, trade or labour.
44.
Major part (38%) of the income of DHs is from agriculture, followed by waged
employment (36%) and 26% of household income is from small business, trade or
labour.
4.3.4
Poverty
45.
Based on the data provided in the Reconnaissance Field Survey there are no
DHs that fall on or below the poverty line. Average per capita monthly family income is
Rs 11,000. None of the DHs are vulnerable.
4.3.5
Literacy
46.
The overall literacy rate 50 per cent which is 63% for male and 37% for female. In
the rural areas only 37% male are literate as against 25% female.
18
5.
INSTITUTIONAL ARRANGEMENTS
47.
The institutional arrangements of planning and management of the Power
Distribution Enhancement Program (or the ADB-funded Power Distribution
Enhancement MFF Project) are described as follows (see also Figure 5.1 overleaf):
5.1
48.
The Project Management Unit (PMU), PEPCO is the focal organization based in
Lahore responsible for the Power Distribution Enhancement Program, for keeping liaison
with the Government of Pakistan and Asian Development Bank (ADB) on behalf of all
the DISCOs, and taking care of disbursement of funds (including ADB loan) and
technical assistance through Consultants to, and coordination of the Program planning
and management activities of the DISCOs.
5.1.1
49.
The DISCOs included in the ADB-funded MFF Project (the Program) are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
5.1.2
50.
PMU, PEPCO provides technical assistance to all the eight DISCOs through the
project implementation and supervision consultant.
19
Chief Executive
PESCO
Project
Implementation
Consultant (PIC)
Chief Engineer Development
(PESCO Subprojects)
PIC
Consultants
Monitoring y/
Consultant
Project Director (PD, GSC)
(Grid System Construction)
Project
Implementation
Unit (PIU)
(Engineers &
Patwaris)
N.W.F.P. Board
of Revenue
District LAC
Staff / Patwaris
PESCO LAC
Assistant Manager
(Social/Resettlement)
Assistant
Manager
(Environment)
Field Patwaris
20
5.2
51.
PESCO as the implementing agency (IA) bears the overall responsibility for the
preparation, implementation and financing of all tasks set out in this LARP, as well as
inter-agency coordination required for the implementation of the Subprojects. As such, it
takes care of the preparation/updating and implementation of the LARPs and DDRs, and
internal monitoring and evaluation activities. Institutionally, PESCO has three functional
divisions, namely, the Planning, Projects and Grid System Construction divisions.
5.2.1
Planning Division
52.
The Planning Division is responsible for preparation of PC-1s, for preparation of
load forecasts and feeder analysis. The division is responsible for preparation of the
Energy Loss Reduction (ELR) work orders. Formerly subproject preparation and keeping
liaison with the Government of Pakistan and Asian Development Bank (ADB), as the
donor of this MFF Project had also been the responsibility of this division. But lately the
activity has been shifted to the Office of Chief Engineer Development.
5.2.2
53.
The former Projects Division has now been named as the Office of Chief
Engineer Development (CED), is responsible for the overall planning, management and
coordination of the approved Subprojects. The CED is currently being assisted by the
PPTA Consultants (including the Resettlement Experts responsible for LARP/DDR
preparation), in preparing the identified Subprojects in line with the ADB Policies, and
obtaining approval from the donor ADB. Its major functions include keeping regular
liaison with ADB and relevant departments of the federal, provincial and district
governments, preparation, updating and implementation of the LARPs and the related
monitoring and evaluation activities.
54.
PESCO has established an Environmental and Social Impacts Cell (ESIC) under
the Office of CED, to take care of safeguards related activities. It will be headed by a
Deputy Manager, and assisted by two Assistant Managers, Environment and Social,
respectively. The Assistant Manager Social will be responsible for preparation/updating,
implementation and internal monitoring of the Subproject LARPs, with assistance from
PESCO LAC and PIC Resettlement Expert.
55.
The CED contains a specially created cell to take care of the safeguards related
activities, namely, the Environmental and Social Impacts Cell (ESIC), headed by a
Deputy Manager, and assisted by two Assistant Managers, Environment and Social,
respectively. The Assistant Manager Social is responsible for the preparation/updating,
implementation and internal monitoring of the Subproject LARPs, with assistance from
PESCO LAC and PIC Resettlement Expert.
56.
The Scope of Work to be handled by the ESIC far exceeds the physical and
professional ability and capabilities of the incumbents. To support the ESIC, to carry out
its responsibilities, a Monitoring Consultant is being hired. In addition, a Project
Implementation Consultant (IC) will also be hired who will also have social and
environmental experts to assist PESCO in revising and updating the LARP as and when
required, and then in implementation of the LARP. The Consultants will be provided full
logistic support (including office space and field transport) by PESCO.
5.2.3
57.
The Grid System Construction (GSC) Division is responsible for implementing
the approved Subprojects, including construction/improvement of grid stations and
transmission lines. This office is headed by the Project Director (GSC), and it will
establish Project Implementation Units (PIU), comprising Engineers and Patwaris, at the
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
21
respective towns of each Subproject. The PIU for this Subproject will be established at
Village Kulachi, district D.I.Khan. In addition, PD GSC has an in-house Land Acquisition
Collector (LAC) to take care of the land acquisition and resettlement activities.
58.
The PESCO LAC, along with his field Patwaris, in addition to implementation of
the LARP activities, will provide in-field assistance to the Resettlement Experts of ESIC
and PIC in updating, revision and internal monitoring of the LARPs. He normally works
as an independent entity, but in case of local needs like price updating, grievance
redress, etc., may involve the local Union Councils and other leaders at the local levels,
and/or the District LACs and KPK. Board of Revenue for addressing broader level
matters and resolving permanent Land Acquisition issues (not applicable to this
Subproject). He will be provided technical assistance by the Resettlement Experts
included in both ESIC and PIC teams.
5.3
District Government
59.
The district government have jurisdiction for land administration, valuation and
acquisition. At the provincial level these functions rest on the KPK. Board of Revenue
while at the district level they rest on the District Land Acquisition Collector (District
LAC). Within LAC office the Patwari (land records clerk), carry out specific roles such as
titles identification and verification of ownerships and prices of lands.
5.4
60.
Internal monitoring will be carried out by ESIC with support from the project
implementing and supervision consultant. Quarterly monitoring reports will be submitted
to ADB. All monitoring reports will be disclosed on DISCOs website, translated and
disclosed to the DPs. Corrective Action Plans (CAPs) will be prepared as relevant and
disclosed
22
6.
6.1
61.
The Reconnaissance Consultative process undertaken for the preparation of the
LARP has included not only DHs, but also the local communities of the area. Public
Consultation was conducted on October 18-19, 2012. The list of participants with the
location is attached at Appendix-2. Special attention was paid to identify the needs of
vulnerable groups (such as the poor, women, and elderly), to ensure that their views
have been considered in the formulation of the LARP.
62.
Consultation with stakeholders at the different stages of the subproject is
required by ADBs SPS and as provided for in the LARF. To start with, consultations with
the DHs were conducted as part of inventory taking of affected lands and other assets.
The communities and especially the As responses to the proposed subproject were
found to be positive.
63.
Along with the participatory RFS, semi-structured discussions aiming at
community awareness and consultations regarding the projects likely impacts were also
held with the small groups of men and women along the proposed grid station and
transmission line.
64.
During detailed consultation sessions, the cut-off-date for compensation eligibility
will be communicated to all participants. They will be clearly told that no subsequent
changes in the land use would be entertained by PESCO.
65.
The affected communities concerns and suggestions have been incorporated
into subproject design and will be implemented as an integral part of resettlement
activities. The major concerns raised during the consultation included the adequacy and
timeliness of compensation payments, as well as safety measures to be taken during the
construction of the towers and stringing of the transmission lines. In response, PESCO
will make sure that the crop compensation amounts are assessed justly and paid to the
DHs, at least fifteen days prior to temporary use of land before starting the civil works.
66.
The local communitys response (awareness, perceptions and preferences) to
the transmission line subproject and resettlement related matters are summarized as
follows:
6.2
67.
In addition to the focus group discussions and consultative meetings described
above, the survey included a questionnaire with several questions regarding DPs
preferences for compensation and rehabilitation options. This information has been and
will be used to assist in determining the support measures required by DHs.
68.
The first compensation priority of all DHs is for cash. When asked why they
preferred cash compensation, almost all the DHs stated the reason was to assist with
daily living expenses as they will lose their livelihood in the shape of crops.
69.
In summary, the compensation and resettlement options discussed and agreed
upon during the consultation meetings included:
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
23
6.3
LARP Disclosure
70.
After Approval from ADB, the LARP same will be placed at ADB, PEPCO &
PESCO Web Site. Accordingly an Urdu version will be made available by PMU, PEPCO
to the PESCO headquarters and in the project site..
71.
In line with ADBs public communications policy, this LARP in English will also be
posted on the ADB and PESCO websites, while its translation in Urdu will be disclosed
to the DHs at the PESCOs office and posted on the ADB and PESCO websites.
72
In addition, a Public Information Brochure IPIB) in Urdu, summarizing
compensation provisions will be sent to all DHs. by PESCO. Draft of this brochure is
placed at Appendix 3.
24
9.
73.
PESCO normally takes care to prevent grievances rather than going through a
redress process. This can be obtained through careful LAR design and implementation,
by ensuring full participation and consultation with DHs, and by establishing extensive
communication and coordination between the community and PESCO. Nevertheless, a
grievance mechanism will be made available to allow an AH appealing against any
disagreeable decision, practice or activity arising from compensation for the affected
land or other assets. DHs will be fully informed of their rights and of the procedures for
addressing complaints verbally during consultation meetings and through PIB in Urdu.
74.
Complaint registers will be kept at both the existing grid station at Kulachi, to be
maintained by the respective grid station in-charge. PESCO will inform the DHs of the
availability of this arrangement through PIB in Urdu. The complaints received will be
processed and resolved by the PESCOs Social Development Officer and LAC by
involving the local leadership and Union Councils, and/or the respective District LAC.
75.
Firstly, attempts will be made to redress the grievances through a village level
grievance redress committee (GRC) comprised of PESCOs ESIC and LAC or Parwari,
and the village notable elders, like Wadera, Numbardar and the concerned Councilor of
the Union Council. But if the grievances cannot be redressed satisfactorily at the village
level, a grievance redressal mechanism will be established at the District level,
comprising of District Coordination Officer (Chairman), Chief Engineer, District LAC and
PESCOs ESIC and LAC. As a last resort, the aggrieved AH may seek justice through
the Court.
76.
The finances will move directly from PESCO to DHs, as compensation for the
loss of crops and trees. The complaint and grievances will be addressed by PESCO
locally by involving local leadership and Union Council, and the involvement of the
district government may be needed only for unresolved grievances, as described in
Table 7.1 below.
Table 5.1: Grievance Resolution Process
Crop & Tree Compensation Issues
25
8.
8.1
77.
Compensation for projects requiring land acquisition can often differ between the
borrower and ADB (and other providers of official development assistance). To comply
with ADBs Policy on Involuntary Resettlement, rates used to compensate for lost land
and assets must be at replacement values, to at least restoring peoples livelihoods
and ensuring that people affected by a project are not left worse off.
8.2
78.
Based on the foregoing requirements and the LARF provisions, the methodology
for assessing unit compensation values of the different items is described as follows:
Wood trees were valued based on type, size, and age. DHs are entitled to
keep the wood (as salvaged material) without any deductions from the
amount of compensation.
79.
The valuation survey registered current crop and tree sales at local markets and
communities. The estimated budget is presented in Table 8.1. It was based on
community consultations, market surveys and relevant local government agencies,
namely the Agriculture, Forestry and Revenue departments. The results of the survey
are provided in the tables below. The prices of affected assets given herein will be
updated and this LARP revised accordingly by PESCO at least one month prior to
awarding the Contract for the Subproject implementation works.
8.3
80.
The valuation survey registered recent current crop and tree sales at markets
and was based on AH and community consultation (including relevant local government
agencies). The results of the survey are provided in the tables below.
81.
The TL alignment passes through irrigated agricultural area with wheat and
maize crop rotation. The affected farmers grow wheat in rabi season (winter-spring), and
maize in the kharif season (summer-autumn). The market prices of both crops were
collected from the affected community, four villages (Abdullah, Hatala, Kulachi & Badar
Garah), at Tank District market.
8.4
82.
This LARP includes the cost of land for the grid station, compensation for the
loss of other assets (crops and trees) by the construction of the transmission line,
rehabilitation of affected lands, and other associated activities. The cost estimate has
been based on the rates derived through consultation and survey as described in the
preceding section. The rates for compensation and cash entitlements for rehabilitation
payable to DHs will be adjusted annually, based on the actual annual inflation rate.
LAC/PESCO will determine the annual inflation rates and adjust all cash entitlements.
83.
The administrative charges have been estimated as 15% of the total of
compensation for the affected crops and trees. These charges are to cover the costs of
implementing the plan (producing and distributing the PIB, holding individual and group
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
26
consultations and public meetings as required, verifying the Census Survey, revising the
LARP if required (to reflect any minor changes), organizing and arranging for the
compensation payments), and internal monitoring of the plan and its implementation,
including logistic support to the field staff working on LARP activities.
84.
A contingency of 10% of the subtotal of the compensation and administrative
charges has been included in the cost estimate. This will be an additional source of
funding for any increased compensation (if any) as well as providing logistic support to
field staff involved in LARP implementation.
85.
Funds for compensation and implementation of the LARP will be from the
Government (counterpart funds) via PESCO, budgetary requirements for economic
restoration, as part of resettlement budget will also come from the counterpart funds and
shall be identified as allowances. The EMA will be financed as a project loan cost as a
component of the project support fund.
Table 8.1: Tentative Resettlement Cost of up-gradation of 66KV Kulachi grid station
No.
A
A.1
Resettlement Activity
No.
-
Unit
-
Rs./Unit
-
Total Rs.(Mln)
220.41
Kanal
3520
0.77
220.41
-
Kanal
-
7,000
-
1.54
-
TL Corridor Wheat
330.86
Kanal
3520
1.16
TL Corridor Gram
Subtotal A:
Administration Costs (15% of A)
Subtotal (A+B)
Contingency (10% ofC)
Total Amount (Pak. Rupees):
Total Amount (US Mln Dollars*):
330.86
0.15
0.10
-
Kanal
lumpsum
lumpsum
-
7,000
5780000
6.64
-
2.31
5.78
0.86
6.64
0.66
7.3
0.077
Crops:
Towers:
31 Towers Wheat
A.2
A
B.
C.
D.
31 Towers Gram
TL Corridor:
IMPLEMENTATION SCHEDULE
86.
The overall program will be implemented over a ten year period, with the second
tranche of subprojects scheduled to commence upon loan approval. Following the
purchase of equipment, mobilization of the supervision consultant and LARP
implementation, the subprojects construction and installation works will take some 10 to
12 month period in the year 2015.
87.
The Project Director GSC, PESCO will establish a PIU office in Tehsil Kulachi in
the mid-2014. The PIU will be headed by Executive Engineer (XEN) and staffed by inhouse Engineers and LAC Patwaris. The PIU which will take care of all the subproject
related activities, including receipt and storage of transformers and other equipment,
LARP implementation and supervision of contractors works. The implementation of
resettlement and related activities will take place after the Project Implementation
Consultant has mobilized who will assist PESCO in implementing the Subproject.
88.
The civil works contractors will not be issued a notice of possession of site for
any section of construction works unless the PESCO has (i) satisfactorily completed, in
accordance with the approved LARP, and made all compensation payments, and (ii)
ensured that the rehabilitation assistance is in place and the area required for civil works
is free of all encumbrances. The LARP implementation schedule, shown in Table 9.1
overleaf, envisages the following sequence of activities:
LARP _ PESCO _ up-gradation of 66KV Kulachi grid station
27
(a) The technical design of transmission line has not been finalized/approved by
NTDC.
(b) LARP updation/revision will be completed by PESCO ESIC/LAC from January to
June 2013. The updated LARP will include revised compensation assessment
based on the year damages are caused, updated census, budget and
socioeconomic survey. The LARP will be submitted to ADB for clearance.
followed by LARP disclosure, grievance redress and payment of compensations
from July to December 2013, and LARP monitoring internal report completed by
end-2013; and,
89.
Commencement of civil works (construction/stringing) to start in January 2014
and completed by March 2015.
28
Table 7.1: LARP Implementation Schedule for upgradation of 66kv Kulachi 132kV
Grid Station and Transmission Line Subproject (PESCO)
Responsibility
LARP Activity/Task
Construction
Implementation
Preparation
Primary
Secondary
PESCO
PESCO
PESCO LAC
PESCO
PESCO LAC
Dist LAC
PESCO
SMEC consultant
SMEC Consultant
PMU, PEPCO
Govt/ADB/PEPCO
Consultants: PIC
& EMC
PIC
(Resettlement)
PESCO
ADB/PEPCO
PESCO ESIC
PMU, PEPCO
ADB/PEPCO
PESCO/ESIC
PESCO LAC
PESCO LAC
ESIC/PIC
ESIC
PIC, PMU
Contractor
PESCO PIU
Contractor
ESIC/PIC
EMC
ADB/PEPCO
Year 2012
I
II III IV
Year 2013
I
II III IV
Year 2014
I
II III IV
29
2015
I
II
10.
90.
Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement
caused by various infrastructure development projects, like this Power Distribution
Enhancement project. Monitoring involves periodic checking to ascertain whether
activities are progressing as per schedule while evaluation is essentially a summing up,
at the end of the project, assessment of actual achievement in comparison to those
aimed at during the implementation. The LARP implementation will be monitored
internally.
91.
The PESCO through ESIC will be responsible for internal monitoring. The
Resettlement Specialist will provide necessary technical assistance in implementing and
monitoring the resettlement activities.
10.1
Internal Monitoring
92.
This LARP includes indicators and benchmarks for achievement of the objectives
under the resettlement program, which can be categorized as follows:
93.
The first two types of indicators, related to process and immediate outputs and
results, will be monitored internally by ESIC. This information will be collected from the
project site and assimilated in the form of quarterly progress reports to assess the
progress and results of LARP implementation, and adjust the work program, where
necessary, in case of any delays or problems.
94.
95.
The ESIC will be responsible for monitoring the day-to-day resettlement activities
of the subproject. The socio-economic census and land acquisition data will provide the
necessary benchmark for field level monitoring, to be carried out through:
30
96.
A performance data sheet will be developed by ESIC to monitor the project at the
field level. Quarterly reports will be received from the field offices and LAC/GSC will be
responsible for overall project level monitoring.
10.2
97.
The following will be considered as the basis for indicators in monitoring and
evaluation of the subprojects LARP:
10.3
Public Consultation
Grievance procedures;
Resettlement Database
98.
All information concerning resettlement issues related to land acquisition, socioeconomic information of the acquired land; inventory of crop and tree losses by
individual DHs, compensation and entitlements and payments will be collected by ESIC
and the Consultants through their concerned field offices and computerized by the ESIC,
PESCO. This database will form the basis of information for implementation, monitoring
and reporting purposes and facilitate efficient resettlement management.
10.4
Reporting Requirements
99.
The ESIC responsible for supervision and implementation of LARP will prepare
quarterly progress reports on resettlement activities and submit the same to the ADB for
review and approval. The internal quarterly monitoring reports will also highlight the
bottlenecks and recommend ways and means to improve such problematic situations.
The monitoring reports will be disclosed on PESCOs website, translated and disclosed
to the DPs. If relevant, corrective action plans (CAPs) will be prepared and disclosed.
31
Appendix 1
Land Acquisition Act, 1894
With the exception of impacts caused by poles and towers for public utilities land acquisition in
Pakistan is regulated by the Land Acquisition Act, 1894 (LAA) with its successive amendments
is the main law regulating land acquisition for public purpose. The LAA has been variously
interpreted by local governments, and some province has augmented the LAA by issuing
provincial legislations. The LAA and its Implementation Rules require that following an impacts
assessment/valuation effort, land and crops are compensated in cash at market rate to titled
landowners and registered land tenants/users, respectively. The LAA mandates that land
valuation is to be based on the latest three years average registered land sale rates, though, in
several recent cases the median rate over the past year, or even the current rates, have been
applied. Due to widespread land under-valuation by the Revenue Department, current market
rates are now frequently used with an added 15% Compulsory Acquisition Surcharge as
provided in the LAA.
Based on the LAA, only legal owners and tenants registered with the Land Revenue
Department or possessing formal lease agreements, are eligible for compensation or livelihood
support. The rights of the non-titled are however addressed under the 1986 Punjab Jinnah
Abadis for Non-proprietors in Rural Areas Act which recognize to squatters the right to receive
rehabilitation in form of a replacement plot. It is to be noted that this right has been sometimes
extended in practice to include some form of rehabilitation in cash or in forms different from
land. Projects such as Chotiari Dam, Ghazi Barotha Hydropower, and National Highways
Improvement, have awarded compensation and assistance to unregistered tenants and other
forms of AH (sharecroppers/squatters).
It is also noted that the LAA does not automatically mandate for specific
rehabilitation/assistance provisions benefiting the poor, vulnerable groups, or severely affected
DPs, nor it automatically provides for rehabilitation of income/livelihood losses or resettlement
costs. This however is often undertaken in many projects in form of ad hoc arrangements based
on negotiations between a specific EA and the DPs.
As noted above, there are exceptions to the rule and the law is broadly interpreted at provincial
level depending on operational requirements, local needs, and socio-economic circumstances.
Recourse is often taken to ad hoc arrangements, agreements and understandings for
resettlement in difficult situations. The above is also influenced by the fact that an amendment
of the LAA has been considered necessary by the Ministry of Environment. Accordingly, a
National Resettlement Policy and a Resettlement Ordinance have been drafted to broaden LAA
provisions and current practices so as to widen the scope of eligibility, but both these
documents are still awaiting Government approval for implementation.
A brief description of salient features of different sections of LAA are given in Error!
Reference source not found.2. The right to acquire land for public purposes is established
when Section 4 of LAA is triggered. The LAA specifies a systematic approach for acquisition
and compensation of land and other properties for development projects. It stipulates various
sections pertaining to notifications, surveys, acquisition, compensation and apportionment
awards, along with disputes resolution, penalties and exemptions. Surveys for land
acquisition are to be disclosed to the displaced persons.
32
Section
4
Section
5
Section
5A
Section
6
Section
7
Land Commissioner shall direct Land Acquisition Collector (LAC) to take order
for the acquisition of land.
Section
8
The LAC to direct the land required to be physically marked out, measured and
planned.
Section
9
The LAC gives notice to all affected/displaced persons (APs/DPs) that the
Government intends to take possession of the land and if they have any claims
for compensation then those claims are to be made to him at an appointed time.
Section
10
Delegates power to the LAC to record statements of APs/DPs in the area of land
to be acquired or any part thereof as co-proprietor, sub-proprietor, mortgagee,
and tenant or otherwise.
Section
11
Enables the LAC to make enquiries into the measurements, value and claim and
then to issue the final award". The award includes the land's marked area and
the valuation of compensation.
Section
16
When the LAC has made an award under Section 11, he will then take
possession and the land shall thereupon vest absolutely in the Government, free
from all encumbrances.
Section
17
Section
18
In case of dissatisfaction with the award, DPs may request the LAC to refer the
case onward to the court for a decision. This does not affect the Government
taking possession of the land.
Section
23
The award of compensation for the owners for acquired land is determined at its
market value plus 15% in view of the compulsory nature of the acquisition for
public purposes.
Section
28
Section
31
33
The ADBs Safeguard Policy Statement is based on the following principles: The SPS
requires ADB-assisted projects to (i) avoid resettlement impacts wherever possible; (ii)
minimize impacts by exploring project and design alternatives; (iii) enhance, or at least
restore, the living standards of DPs/Aps in real terms relative to pre-project levels; and
(iv) improve the living standards of the poor and other vulnerable groups. It covers both
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 land acquisition or restriction on land use, or on
access to parks and protected areas.
The SPSs key policy principles are stated in Appendix D. The ADBs SPS also states
that if there are impacts on indigenous peoples, their identity, dignity, human rights,
34
livelihood systems, and cultural uniqueness must be safeguarded so that they can
receive culturally appropriate social and economic benefits. The other relevant policy is
ADBs Policy on Gender and Development, which requires all ADB-financed projects to
enhance involvement of and benefits to women.
Where there are gaps between Pakistan laws and the ADBs SPS requirements on land
acquisition and resettlement, this requires that these gaps are filled by measures to meet
the minimum SPS stipulations.
Pakistan Land Acquisition Act and ADBs SPS Gap Filling Measures
Serial
No.
Pakistans Land
Acquisition &
Telegraph Acts
ADB SPS
Involuntary
Resettlement
Principle
Gap filling
Measures
No
equivalent
requirements.
Screened
and
categorized. Scope
defined,
social
assessment
and
gender
analysis
undertaken.
Land
Acquisition
Collector (LAC) or
District Judge (in case
of the Telegraph act)
are the final authorities
to decide disputes and
address
complaints
regarding
quantification
and
assessment
of
compensation for the
affected lands and
other assets.
Complaints
and
grievances
are
resolved
informally
through
project
grievance
redress
mechanisms
Carry
out
meaningful
consultations with affected
persons, host communities,
and concerned nongovernment
organizations.
Inform
all
displaced persons of their
entitlements and resettlement
options.
Ensure
their
participation
in
planning,
implementation,
and
monitoring and evaluation of
resettlement programs. Pay
particular attention to the
needs of vulnerable groups,
especially those below the
poverty line, the landless, the
elderly, women and children,
and Indigenous Peoples, and
those without legal title to land,
and ensure their participation
in consultations. Establish a
grievance redress mechanism
to receive and facilitate
resolution of the affected
persons concerns. Support the
social and cultural institutions
of displaced persons and their
host
population.
Where
involuntary
resettlement
impacts and risks are highly
Consultations
conducted,
vulnerable
groups
identified
and
supported as relevant
35
complex
and
sensitive,
compensation
and
resettlement decisions should
be preceded by a social
preparation phase.
3
No
equivalent
requirements.
Livelihoods
restoration is required
and allowances are
provided.
The
rate
of
compensation for
acquired housing,
land and other
assets will be
calculated
at
full replacement
costs.
The
calculation of full
replacement cost
will be based on
the
following
elements: (i) fair
market value; (ii)
transaction costs;
(iii)
interest
accrued,
(iv)
transitional and
restoration costs;
and (v) other
applicable
payments, if any.
Where
market
conditions
are
absent or in a
formative stage,
the
borrower/client
will consult with
the
displaced
persons and host
populations
to
obtain adequate
information about
recent
land
transactions, land
value by types,
land titles, land
use,
cropping
patterns and crop
production,
availability of land
in the project
area and region,
36
Provided as relevant.
Provide
physically
and
economically
displaced
persons
with
needed
assistance,
including
the
following: (i) if there is
relocation, secured tenure to
relocation land, better housing
at resettlement sites with
comparable
No
equivalent
requirements.
Support
provided
commensurate with
impacts
No additional support
to
vulnerable
households
Vulnerable
households identified
and support provided
37
Develop procedures in a
transparent, consistent, and
equitable manner if land
acquisition
is
through
negotiated
settlement
to
ensure that those people who
enter
into
negotiated
settlements will maintain the
same or better income and
livelihood status.
Equivalent, negotiation
responds to displaced
persons
requested
price but no clear
procedure.
Procedures
place.
put
in
Land
compensation
only
for
titled
landowners or holders
of customary rights.
No resettlement Plans
prepared
restoration
strategy,
institutional
arrangements,
monitoring
and
reporting
framework, budget, and timebound
implementation
schedule.
9
No plans prepared.
10
Conceive
and
execute
involuntary resettlement as
part of a development project
or program. Include the full
costs of resettlement in the
presentation of projects costs
and benefits. For a project with
significant
involuntary
resettlement impacts, consider
implementing the involuntary
resettlement component of the
project as a stand-alone
No
equivalent
requirement
Addressed
relevant.
as
38
operation.
11
12
Monitor
and
assess
resettlement outcomes, their
impacts on the standards of
living of displaced persons,
and
No
equivalent
requirement
Compensation
payments paid before
damages
occur.
Implementation
monitored
and
reported.
reports
and
39
Name
Father Name
Abdurehman
Muhamamd
Ramzan
Fazal Haq
Allah Dad
Gul Zaman
Khan Zaman
Muhammad Ramzan
Muhamamd Ayaz
Muhammad Yaseen
Mir Baz
Muhammd Ramzan
Makhan
Pir Ghulam
Muhammad
Bakhsh
Fazal-ur-Rehman
Eido
10
Muhammad Hasim
Muhamamd Qasim
11
Ghulam Abbas
Rabnawaz
12
Muhammad Ayub
Haqnawaz
13
Haji Gul
Ghulam Qasim
14
Juma Khan
Khuda Baksh
15
Abdul Latif
Ghulam Qasim
16
Saeed Ahmad
Ghulam Qasim
17
Saif-ur-Rehman
Muhammad Jan
18
Haji Ayaz
19
Wazir Bakhsh
20
Muhammad Islamil
Khan
Abbad Khan
21
Haji Safal
22
Hizbullah
Aurang Zaib
23
Ghulam Abbas
Hassan Khan
24
Zahoor Khan
Muhamamd
Ramzan
Muhamamd
Ramzan
Address
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Gara Hayat Moza badar
Tehsil Kulachi Distr. D.I. Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Hathal Dakana Kulachi
Tehsil Kulachi Distr. D.I.Khan
Gara Abdullah Tehsil Kulachi
Distr. D.I. Khan
Gara Abdullah Tehsil Kulachi
Distr. D.I. Khan
Gara Abdullah Tehsil Kulachi
Distr. D.I. Khan
Attal Sharif
Gara Abdullah Tehsil Kulachi
Distr. D.I. Khan
Gara Abdullah Tehsil Kulachi
Distr. D.I. Khan
Kulachi City Tehsil Kulachi
Distr. D.I. Khan
Kot Dolat Tehsil Kulachi
Distr. D.I. Khan
Kot Dolat Tehsil Kulachi
Distr. D.I. Khan
Kulachi City Tehsil Kulachi
Distr. D.I. Khan
Kot Dolat Tehsil Kulachi
Distr. D.I. Khan
Kulachi City Tehsil Kulachi
Distr. D.I. Khan
Kulachi City Tehsil Kulachi
Distr. D.I. Khan
Kulachi City Tehsil Kulachi
Distr. D.I. Khan
40
25
Khizar Hayat
Allah Dad
26
Khuaidad
Qutabdin
27
Abdul Rashid
Rabnawaz
28
Rabnawaz
Umer Khan
41
Appendix- 3
Power Distribution Enhancement Program (Tranche 3)
Upgradation of 66 kv Kulachi to 132kV Grid Station and Transmission Line
Subproject
Peshawar Electric Supply Company
Government of Pakistan
July 2012
A.
GENERAL
1.
Peshawar Electric Supply Company (PESCO) is intending to take a loan from the
Asian Development Bank (ADB) to implement the Power Distribution Enhancement
Program, aiming at upgrading and extending the transmission network to expanding the
capacity and coverage of the network. The project will be implemented over five to six
years, and will include a number of tranches or groups of subprojects.
2.
The third tranche includes 19 subprojects including some new Sub-Stations,
expansion of existing Sub-Stations, and installation of associated transmission lines;
most of the subprojects will not cause any resettlement impacts as they entail
transformers being installed within an existing Sub-Station site and no works beyond the
existing Sub-Station site boundaries. There are few subprojects (including this up
gradation of 66 kv Kulachi to 132 kV Grid Station and Circuit Transmission Line
Subproject) that required transmission lines and the installation of the towers for these
will require temporary land acquisition, and the stringing of their lines will mean that
crops and trees will be damaged.
3.
The up gradation of 66 kv Kulachi to 132 kV Grid Station and Transmission Line
Subproject will improve power supply to the Tehsil Kulachi and surrounding villages of
District Tank.
4.
The implementation of this subproject will affect crops and trees in four villages,
To compensate and/or rehabilitate these losses the provisions of relevant Pakistan laws
and of the ADB Policy on Involuntary Resettlement will be adopted. This LARP providing
data on impacts and affected households and indicating in detail how the impacts will be
compensated has been prepared for each subproject that requires temporary
disturbance to land and subsequent compensation for crops and trees.
5.
The LARP in Urdu language will be available for perusal to anyone interested at
the Project Implementation Unit in Tehsil Kulachi. This booklet summarizing the
provisions of the LARP for the up gradation of 66 kv Kulachi to 132 kV Grid Station and
Transmission Line Subproject will be given to all the families whose crops and trees and
incomes are affected by this subproject. The objective of this booklet is to inform them of
the essential compensation and rehabilitation policy for this Subproject and of a number
of basic issues relative to the implementation of the compensation and rehabilitation
program.
PRINCIPLES FOR COMPENSATION AND/OR REHABILITATION OF AFFECTED
FAMILIES
6.Principles for the compensation/rehabilitation of affected households (DHs) by the up
gradation of 66kv Kulachi to 132 kV Grid Station and Transmission Line Subproject are:
42
(1) Land acquisition will be avoided and acquisition will only occur where access to,
or use of, an AHs land is affected;
(2) Compensation will guarantee the maintenance of the DHs pre-project living
standards;
(3) DHs will be fully informed/consulted on compensation options;
(4) DHs socio-cultural institutions will be supported and used;
(5) Land acquisition provisions will equally apply to women and men;
(6) Lack of formal title will not impede rehabilitation of families losing land;
(7) Particular attention will be paid to women-headed families and vulnerable people;
(8) Land acquisition budgets will be included in project costs; and
(9) Compensation will be fully provided prior to ground leveling and demolition.
Grievance Mechanism
14.
PESCO normally takes care to prevent grievances rather than going through a
redress process. This can be obtained through careful LAR design and implementation,
by ensuring full participation and consultation with DHs, and by establishing extensive
communication and coordination between the community and PESCO. Nevertheless, a
grievance mechanism will be made available to allow an AH appealing against any
disagreeable decision, practice or activity arising from compensation for the affected
land or other assets. DHs will be fully informed of their rights and of the procedures for
addressing complaints verbally during consultation meetings and through PIB in Urdu.
15.
Complaint registers will be kept at both the existing grid station at Tehsil Kulachi
town, to be maintained by the respective grid station in-charge. PESCO will inform the
DHs of the availability of this arrangement through PIB in Urdu. The complaints received
will be processed and resolved by the PESCOs Social Development Officer and LAC by
involving the local leadership and Union Councils, and/or the respective District LAC.
16.
Firstly, attempts will be made to redress the grievances through a village level
grievance redress committee (GRC) comprised of PESCOs ESIC and LAC or Parwari,
and the village notable elders, like Wadera, Numbardar and the concerned Councilor of
the Union Council. But if the grievances cannot be redressed satisfactorily at the village
level, a grievance redressal mechanism will be established at the District level,
comprising of District Coordination Officer (Chairman), District LAC and PESCOs ESIC
and LAC. As a last resort, the aggrieved AH may seek justice through the Court.
17.
The finances will move directly from PESCO to DHs, as compensations for the
loss of crops and trees. The complaints and grievances will be addressed by PESCO
locally by involving local leadership and Union Council, and only for unresolved
grievances the District Government may be involved, as described in Table 8 below.
Table 8: Grievance Resolution Process
Crop & Tree Compensation Issues
43
G.
44
Answer: Yes. Any AH may file a complaint or grievance. The DHs will first lodge a
complaint with the land acquisition collector and the project implementation unit (PIU) in
Tehsil Kulachi. If unanswered within 15 days, the complaint can then be lodged to
PESCOs project management unit in Peshawar. Finally if the grievance is still not
settled within 1 month, the AH can seek redress at the appropriate court. The village
Jirga composed by senior members of the AHs community including their elected
representatives will assist the AH in these cases. The DHs will be exempted from all
taxes, administrative and legal fees associated with resolving the dispute.
Question 6 Who can we contact for more information about the project?
Answer: For further information about the project as a whole, and/or the LARP for the
up-gradation of 66 kv Kulachi to 132kV Grid Station and Transmission Line Subproject,
or if you would like to receive a full copy of the Land Acquisition for the project, please
contact as the follows:
Address: P.D (GSC) PESCO, Faqir Abad-2 Dr. Durikamil Road, Peshawar
45