Land Acquisition and Resettlement Due Diligence Report

Project No.: 45371-007 February 2019

India: Madhya Pradesh Irrigation Efficiency

Improvement Project Subproject: Pumping Station and Distribution Chamber for Command Area of CCA of 67,142

hectares of Kundalia Irrigation Project – Right Bank

This document is prepared by the Water Resources Department Madhya Pradesh for the

Government of India and the Asian Development Bank in accordance to the resettlement plan

requirement as described in ADB’s Safeguard Policy Statement (2009).

This land acquisition and resettlement due diligence report is a document of the borrower. The

views expressed herein do not necessarily represent those of ADB's Board of Directors,

Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2

January 2019 CURRENCY EQUIVALENTS

(As of 30th November 2018) Currency unit – Indian Rupee (Rs) INR 1.00 = $ ------------------ $ 1.00 = ---------------------

ABBREVIATIONS

ADB : Asian Development Bank AH : Affected Households AP : Affected People DC : Distribution Chamber DP : Displaced People DPR : Detailed Project Report EA : Executive Agency GOMP : Government of Madhya Pradesh GRM : Grievance Redress Mechanism GRC : Grievance Redress Committee IA : Implementing Agency IP : Indigenous People KIP : Kundalia Irrigation Project LAR : Land Acquisition and Resettlement MPIEIP : Madhya Pradesh Irrigation Efficiency Improvement Project PIU : Project Implementation Unit PS : Pumping Station ROW : Right of Way RP : Resettlement Plan R&R : Resettlement and Rehabilitation SC : Scheduled Caste SIA : Social Impact Assessment SPS : Safeguard Policy Statement ST : Scheduled Tribe WRD : Water Resources Department WUA : Water User Association

1

CONTENTS

Page

I. INTRODUCTION 5

A. Project Background 5

B. Objectives of the Due Diligence 7

C. Approach and Methodology 8

II. LAND ACQUISITION AND RESETTLEMENT IN THE PROJECT 9

A. Summary of Land Acquisition and Resettlement Impacts 9

B. Resettlement Policy and Provisions 11

(i) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCT in LARR), 2013 11

(ii) Legal and Policy Frameworks of Madhya Pradesh State to be applicable: 12

(iv) ADB’s Safeguard Policy Statement (SPS), 2009 12

III. PUBLIC CONSULTATIONS 13

A. Public Consultations 13

B. Outcome of the Consultations 13

IV. PROJECT IMPLEMENTATION SCHEDULE 15

V. CONCLUSIONS OF DUE DILIGENCE 16

TABLES

Table 1: Components of Subproject 6

Table 2 : Details and Capacity Required for Components of the Subproject 6

Table 3: Land Acquisition Requirements for the Subproject 9

Table 4: Ownership of Land Affected in the Subproject 10

Table 6: Consultation Location 13

ANNEXURES Annexure 1 : Letter to Collector for Govt. Land Allotment for Kundalia Micro Irrigation System .....................................................................................................................................17

Annexure 2 : Letter to SDM, Revenue Department for Govt. Land Allotment for Kundalia Micro Irrigation System ..........................................................................................................18

Annexure 3 : Temporary Land Acquisition Letter to Collector, Rajgarh for Factory Setup for Kundalia Micro Irrigation System .....................................................................................20

REFERENCES Reference 1 : Temporary Govt. Land Acquisition Orders by Collector’s Court, District Rajgarh For Mohanpura Irrigation Project – Left Bank ........................................................21

Reference 2 : Temporary Govt. Land Acquisition Orders by Collector’s Court, District Agar Malwa For Kundalia Irrigation Project – Left Bank ......................................................22

Appendix: 1 Appendix: 2

5

I. INTRODUCTION

A. Project Background

1. Madhya Pradesh Irrigation Efficiency Improvement Project (MPIEIP) is intended to

achieve high irrigation efficiency and water productivity in the State. The MPIEP includes the

development of the Kundalia Irrigation Project (KIP), which is planned as a pressurized pipeline

distribution system for 130,690 hectares (ha) cultivable command area (CCA) and for supply of

water for potable and industrial use. As part of this scheme, scope of Right bank canal system is

to develop pressurized Pipeline distribution system for Gross Command Area (GCA) of 82042

ha and 67,142 ha Culturable Command Area (CCA).

2. Government of Madhya Pradesh has received loan from Asian Development Bank for

implementation of the Project. The Water Resource Department (WRD) of Madhya Pradesh is

the Implementing Agency (IA) for the Project.

3. Presently L&T Construction as a DBO Contractor has been engaged by Water

Resources Department (WRD) for detailed design and construction to manage the scheme

operation for an initial period of 5 years, with support to hand-over the long term management to

a joint management organization comprised of WRD, a private contractor, and a project-level

Water User Association (WUA).

4. The subproject area lies in Mundi, Barkhedi Umat, Ramnagar and Dhatravada Villages

in Jirapur Tehsil of Rajgarh District. Rajgarh District is located in the Northern part of Malwa

Plateau. The Composition of the Caste population indicates that there is 19.13% of Scheduled

Caste population and only 3.47% Scheduled Tribe population in Rajgarh District of Madhya

Pradesh. There is a great representation of Other Backward Caste (OBC) in this District. This

District has a Sex Ratio of 956 females for every 1000 males with a literacy rate of 61.21%. At

present there is acute shortage of irrigation facilities in the District so the local population is able

to take only one crop in a year.

5. The pipeline irrigation system for the KIP Right Bank will consist of one main pumping

station located on the right side of the Kundalia Reservoir to supply irrigation water from the

Kundalia Reservoir to three Distribution Chambers (DCs). The main pumping station will be

located at the end of concrete-lined approach channels constructed in the reservoir. The DCs

are proposed on the nearby hills and the water from pumping stations will be pumped through

raising mains (pipelines) to the DCs. Water will be discharged from DCs through pressurized

gravity secondary pipelines to the designated command areas. In general, all pipelines under

this Project will be underground only. The benefitted Villages due to this Project will be 201 in

District Rajgarh.

6

Table 1: Components of Subproject

Pumping Station of Right Bank

Pumping Station Located on Right Bank - 1 in Number.

Delivery/Distribution Chamber

3 in Numbers.

Pumping Machinery

PH1- 14Nos (11W+3S) These Pumps are divided into 2 sets as follows:

Pump Set 1: 10Nos.(8W+2S) Discharge- 9891 m3/hr

Pump Set 2: 4Nos.(3W+1S) Discharge- 9882 m3/hr

Switch Yard PH1- 1 No. (132 KV/11.5 KV)

Staff Quarters 4-6 Staff Quarters for the PH Operators at Pump House.

Temporary Structures Approach Road to Pump House. Labor Colony and Fabrication Yard Setup. Material and MS, HDPE Pipe Stacking

Table 2 : Details and Capacity Required for Components of the Subproject

Sl. No. Components of Subproject Details and Capacity Required

1 P

umping Station of Right Bank, Staff Quarter and Switchyard 1 in No.

Pump House, Switchyard and its Fore bay portion of Pump House will be permanent structures and are proposed to be constructed on Government land which has already been identified in Village Mundi in Tehsil Jirapur of District Rajgarh with Survey Numbers 45/1, 45/2/1 admeasuring 2.6 ha and 2.735 ha of Government Land respectively.

2 Concrete Tank for Storage of Water -Distribution Chamber No. 1 (DC 1)

DC 1 will also be a permanent structure. It is proposed to be constructed on identified Government Land in Village Barkhedi Umat in Jirapur Tehsil of District Rajgarh in Survey No. 329 and land to be acquired is 0.91 ha.

3 Concrete Tank for Storage of Water- Distribution Chamber No. 2

(DC 2)

DC 2 to be constructed at Government land in

Ramnagar Village in Jirapur Tehsil of District

Rajgarh in Survey Number 20/1/1, 21 and land to

be acquired is 1 ha.

4. Approach Road to Pump House The Government Land of 0.47 ha has been

identified to make approach road to Pump House

7

Sl. No. Components of Subproject Details and Capacity Required

in Survey No. 45/1 and 98/1 in Village Mundi in

Jirapur Tehsil of District Rajgarh.

5. Labor Colony Setup and material stacking

The Government Land of 22.320 ha has been

identified for setting up of Labor Colony and

material stacking in Village Mundi in Survey Nos.

45/1,45/2/1 and 106/6/1

6. Fabrication Yard, MS Pipe Stacking and HDPE Pipe stacking

The Government Land of 18.477 ha has been

identified for Fabrication Yard and for stacking of

MS & HDPE Pipe in Survey Number of 95 and

98/1 of Mundi Village in Tehsil Jirapur.

The Government land of 46.9 Ha has been

identified for Pipe factory Set-up in Survey number

of 21, 23 and 99 of Dhatravda village in Tehsil

Jirapur of District Rajgarh.

B. Objectives of the Due Diligence

6. The MPIEP includes the development of the Kundalia Irrigation Project (KIP), as a

pressurized pipeline distribution system for cultivation and for supply of water for potable and

industrial use. As part of this scheme, scope of Right bank canal system is to develop

pressurized Pipeline distribution system for 67,142 ha CCA.

6. The components of this subproject as mentioned in Table No. 2 are to be constructed on

Government Land only so there is no acquisition of Private Land and other private properties of

the affected population. Since no household and other properties is to be affected by this

subproject so no involuntary resettlement or displacement of the affected population is involved

hence this Social Safeguard Due Diligence Report is prepared for the subproject.

7. The primary objective of this DDR is to identify the magnitude of impact on the land and

to verify its status that whether Private Land or Government Land is being affected. Type and

extent of loss of land / non-land assets, loss of livelihood, loss of common property resources

and its impact on social infrastructure is to be assessed.

8. To review preliminary information on potential land use, method of valuation of land,

structure and other assets, eligibility criteria for availing benefits, baseline socio-economic

characteristics, entitlements based on type of losses and tenure, the institutional arrangement

for delivering the entitlements and mechanism for resolving grievances and monitoring.

9. To review the existing Legal Framework based on which the property needs to be

acquired and to compare that the ADB Safeguard Policy Statement-2009 designed by ADB to

protect the rights of the affected persons and communities have been followed or not. Public

consultation and people’s participation is the need of the subproject. Institutional framework for

8

the implementation of the plan, including grievance redress mechanism, monitoring & reporting

to be a part of this DDR.

C. Approach and Methodology

10. Review of available information and conduct reconnaissance to collect and assess the

baseline conditions of the area. This due diligence report is mainly prepared based on the field

visit and review of available project related literature, documents and information provided by

local implementing office on the progress of land acquisition.

11. Regulatory review was conducted in order to understand the applicable local legislation,

regulatory frameworks and procedures. Comparison of LARR process with ADB SPS

requirements.

12. Review of available data on land use and its ownership in the impacted subproject area.

Obtain clarifications on pending and unresolved issues if any.

13. In this Subproject no private property and house hold is being affected so only Group

Consultation was held with People’s Representatives, General Public, Government Officials and

the concerning Officials of L&T Construction.

14. To ensure peoples’ participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of farmers

and prospects of resettlement, various sections of stakeholders were consulted through group

consultations, individual interviews, formal and informal consultations.

9

II. LAND ACQUISITION AND RESETTLEMENT IN THE PROJECT

A. Summary of Land Acquisition and Resettlement Impacts

15. The subproject components comprise of construction of 1 Pumping Station along with its

associated needs, 2 Distribution Chamber, Staff Quarter, Switchyard, Approach Road and some

temporary Structures. Some of the components of this Subproject may require permanent

structures so 11.905 ha of land to be acquired permanently. The Government land for Pumping

Station has been identified in Village Mundi in Jirapur Tehsil of Rajgarh District.

16. The two Distribution Chambers are also proposed to be constructed on the identified

Government land of nearly 2 ha of area. DC1 is proposed to be constructed at Barkhedi Umat

Village and DC2 will be constructed in Ramnagar Village. The details of land requirements for

various components are presented in Table: 3.

Table 3: Land Acquisition Requirements for the Subproject

Sl. No. Components Nature of Acquisition Area (in Ha)

1 One Pump House, Switch Yard and Staff Quarters

Permanent 5.33

2 Distribution Chamber No. 1 and its associated needs

Permanent

2.91

3 Distribution Chamber No. 2 and its associated needs

Permanent 3.66

4 Approach Road To Pump House, Labour Colony Setup, Fabrication Yard, Material and Pipe Stacking

Temporary 41.26

5 Pipe factory set-up

Temporary 46.90

Total

100.06

17. 11.905 ha of Government land for all permanent structures to be acquired permanently

but 88.16 ha of Government land will be required temporarily for the temporary establishment of

the Subproject. For construction of Pump House and Distribution Chamber the identified

Government Land will be transferred permanently to the Water Resources Department (WRD)

from the presently owned Departments. The Project Manager (WRD), MKPMU, Jirapur Camp,

District Rajgarh has already sent a requisition letter to the Office of Collector, District Rajgarh

vide his letter dated 10.10.2018, 04.12.2018 and 12.12.2018 to transfer identified Government

land for construction of Kundalia Irrigation Project (Right Bank Canal). The copy of requisition

letters for acquisition of required Government land sent to the Government has been annexed

as Appendix 1.

10

18. There will be only 11.905 ha of Government Land which will be acquired permanently

and rest 88.167 ha of Government Land will be used temporarily for construction of temporary

structures. The details of ownership, type of land is summarized in the following Table: 4

Table 4: Ownership of Land Affected in the Subproject

Sl. No. Type of Ownership Household Permanent Temporary Total

(in Ha) (in Ha) (in Ha)

1 Government Land 0

11.905 88.167 100.072

Total 0

11.905 88.167 100.072

19. The permanent acquisition is limited to only 11.905 ha of Government land required for

Pump Station, Switchyard, Staff Quarter and Distribution Chamber. Hence no private land and

household is being affected due to impact of the project. Therefore, there is no displacement or

loss of any livelihood of the population in this Subproject. There is also no population living or

cultivating on this Govt. Fallow Land that is occupying it-on lease or as encroachers / squatters.

The attached photographs are also verifying the above statement. Therefore, there is no

Involuntary Resettlement found in this subproject.

20. Though there will be construction of some above mentioned permanent structures but

there will not be any physical displacement of the affected population as only the idle

Government Land will be impacted and no household will be affected.

21. The ownership details of the identified land have been downloaded from the official

government website and annexed.

22. No Squatters or encroachers were found living or cultivating the identified Government

Land in the subproject area. The identified Government land is mostly fallow land and not found

to be cultivable. Looking to the condition of the land in the area there are no squatters or

encroachers living or cultivating in the area. This has been verified during our field visit for public

consultation of 22nd November 2018 and another visit on 24th January’2019, the photographs of

which have been shown below to verify the above mentioned statement:

11

B. Resettlement Policy and Provisions

23. The legal framework and principles adopted for addressing resettlement issues in the

subproject have been guided by the existing legislation and policies of the Government of India

(GOI), the Government of Madhya Pradesh, Asian Development Bank and the Resettlement

Framework (RF) adopted for the project. The applicable acts and policies for this subproject are

as follows:

(i) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCT in LARR), 2013

24. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (RFCT in LARR Act - 2013) has been effective from January 1,

2014 and is being followed when the provisions of the Consent Policy of the State are not

acceptable by the concerned affected person or household.

12

(ii) Legal and Policy Frameworks of Madhya Pradesh State to be applicable:

25. “Madhya Pradesh Bhumigat Pipeline, Cable Avan Duct (Bhumi ki Upyokta ke Adhikaron Ka Arjan) Adhiniyam, 2012 (No. 5 of 2013)” – (To be referred as The Madhya Pradesh Pipeline

Act, 2013)- For Temporary Acquisition of land for Pipeline Irrigation Projects.

(iii) The Madhya Pradesh Government Order No. F 12-2 / 2014 / 07 / 2A Dated 12.11.2014 regarding the ‘Consent Land Purchase Policy’.

26. For the development of the State, different infrastructures are being constructed for

which the private land has to be acquired. The process of Land Acquisition is not only time

taking but involves heavy financial cost also. To save this cost and time a consideration amount

in lieu of impacted private properties is offered to the owner of the land and other properties

attached to it.

(iv) ADB’s Safeguard Policy Statement (SPS), 2009

27. The objectives of ADB's SPS (2009) with regard to involuntary resettlement are: (i) to

avoid involuntary resettlement wherever possible; (ii) to minimize involuntary resettlement by

exploring project and design alternatives; (iii) to enhance, or at least restore, the livelihoods of

all displaced persons in real terms relative to pre-project levels; and (iv) to improve the

standards of living of the displaced poor and other vulnerable groups.

13

III. PUBLIC CONSULTATIONS

A. Public Consultations

28. The Consultations were held with General Public, Officials of the District Administration

and Elected Members of the Local Panchayats. The people’s representatives were also

consulted regarding the perception of the Project. All relevant aspects of project design, details

of impact to private property were discussed with the local communities in Village Mundi. A total

of 70 persons (8 females and 62males) participated in the consultations. The date, venue,

number of participants and the photographs are provided below:

Table 5: Consultation Location

Place Date Number of participants

Mundi Village 22.11.2018 70

Consultation with Villagers and with People’s Representative

B. Outcome of the Consultations

29. In this context consultations were carried out with the local population to share the

information about the Project and to record their concerns and feedback. From both direct and

group consultations, it is noted that people are aware about the project as various surveys have

been going on but they are not aware of the extent of improvements of proposed project and the

likely impacts and benefits of the Project.

14

30. The consultations were held with General Public and Women on 22nd November’2018 to

provide information about the proposed Project activities. The community consultations

indicated that local population had been suffering acute shortage of water for drinking and

irrigation purposes. Due to shortage of irrigation facilities, they are not able to take two crops in

a year and the crop yields are also not up to their expectations. These factors have been the

root cause of their low standard of living. The upcoming Project will open new horizons for them

when they will be able to take two good crops per year. The proposed Project will not only

improve the standard of living of the APs but it will be a source of bringing over all development

of the population living in the adjoining areas also.

31. Consultations and participation with primary stakeholders will further be held in future to

ensure their understanding about the potential impacts of the Project on their livelihoods. To

understand the perception and attitude of the people about the Project, detailed interviews,

FGDs and group discussions have been developed and will be conducted by the Safeguard

Resettlement Specialist with stakeholders in future implementation of the Project. This will bring

very fruitful results when stakeholders will feel involved from the origination of the Project and

even throughout the implementing stage. They will consider themselves to be a part of the

proposed Project resulting into their 100% cooperation in its implementation. Their full-fledged

cooperation will enhance the speed of the implementation of the Project.

32. From both direct and group consultations, it is noted that people are well aware about

the upcoming Project as various surveys have been going on and spread by word of mouth from

each other. Despite this they were not aware of the extent of manifold benefits proposed and

the likely impacts of the Project on the local population. In this Project there is mainly temporary

impact on their properties and when the construction activities are over their land will be back to

its pre project condition. Therefore the stakeholders are well aware of the fact that they will have

some problems in the transitional phase which is nothing in comparison to the benefits they will

get from the Project. There is no resistance found regarding the implementation of the Project

instead there is great acceptance of the upcoming project.

33. Consultations held with General Public and People’s Representative of the area in the

first phase held on 22nd November’ 2018 indicate that they are very supportive about the

upcoming Project and are more than willing to undergo temporary effect on their properties for

long-term benefits to be accrued by them through the KIP. They are willing to give 100%

cooperation during construction stage of the Project.

34. Dev Singh Pawar, the Ex Sarpanch along with present Sarpanch Prem Bai Pawar of

Barkhedi Umattook part in the Consultations. The present two Members of Panchayat (Panch)

of Village Mundi namely Amar Singh Gurjar and Gordhan Singh and the Ex Sarpanch Badrilal

Gurjar took active part in the consultations held on 22nd November’ 2018. Mr. Bheru Singh

Gurjar the Ex Sarpanch of Village Khayayta participated in Group Consultations. The People’s representatives were involved in public consultations and their perception about the proposed

project was taken at length. The impact on the properties of APs will not be there as only the

Government Land will be affected due to this Subproject so there is no resistance of the

upcoming Project.

15

IV. PROJECT IMPLEMENTATION SCHEDULE

35. No major construction work has been initiated at this project site. The Due Diligence

Report is submitted for its approval before starting the construction work. Once the approval is

received from ADB the construction work may start which is expected to be received by the end

of January’ 2019. Therefore, the construction work on this subproject may start from 1st Week of

February 2019 because there is no impact on the private properties or households of any

affected persons.

21

Jun-2020

Project Milestone

0

Sep-2018

6 15 27

Mar-2019 Dec-2019 Dec-2020 Jun-2021

Survey and Investigation

Submission and Approval of Design and Drawings (Main Work)

Land Acquisition for Pump House & DCs

LAP preparation, Approval and L/A

for Rising Main

Supply and Installation of Pumps and Motors, Switchyard work

Providing and Laying of Rising Main

Providing and Laying of DISNET

OMS Installation

3

Dec-2018

9

June-2019

18

Mar-2020

Approach Channel, Civil works of PH and DC

33

Trial Run of Pumping System

24

Sep-2020

Kundalia Irrigation Project – RBC (Rajgarh Distributary)Oct-2019 Mar-2021

13 30 36

Sept-2021

Commissioning

Due Diligence report for the Government land

LAP preparation, Approval and L/A for T/L

LAP preparation, Approval and L/A

for Zone 1 disnet

LAP preparation, Approval and L/A

for Zone 2,3 disnet

T/L & Switchyard work

16

V. CONCLUSIONS OF DUE DILIGENCE

36. The land acquisition is primarily guided by the Madhya Pradesh Consent Land Purchase

Policy to avoid the lengthy process of RFCTLARR-2013, the GOMP has formulated the Consent

Land Purchase Policy by making provision of lump sum compensation / grant / consideration

amount on top of the entitlements under RFCTLARR-2013.

37. As a result of the review of available documents, plans and references provided by L&T

it can be concluded that for construction of the permanent structures of this subproject no

private land or property is to be affected. Therefore, there is no involuntary resettlement

involved in this subproject.

38. There will be impact only on Government Land as Government Land has already been

identified for this purpose. Therefore, no private land or household will be affected and need not

to be acquired for the construction of the Project.

39. There is also no population living or cultivating on this Govt. Fallow Land that is

occupying it-on lease or as encroachers / squatters. The attached photographs are also

verifying the above statement. Therefore, there is no Involuntary Resettlement found in this

subproject.

40. There is presence of mainly bushes in the area due to shortage of water as no Imarati or

valuable trees found in the identified area. There is no Community Property Resources (CPR)

being affected in the identified area.

41. Since no displacement will be there of the affected population so the livelihood issues

will not be involved in this project.

42. Information on progress of works envisaged by the project will be disseminated in

affected communities, so the interested public will be informed and made aware of ongoing and

planned construction works of the project as per the annexed work schedule.

43. The proposed pressurized pipeline project will give long term benefits of irrigation to the

local population of the area. Once project is completed they will be able to take two crops in a

year which will improve their economic condition.

44. The local population is well aware of the increased irrigation potential so their perception

about the project is very positive and they are willing to give their 100% co-operation during the

construction of the project and even after that.

45. It is concluded that there is no involuntary resettlement involved in this project but there

are manifold benefits of the project which will bring green cover in the area by providing

irrigation facilities to the benefitted population by this forthcoming project.

17

Annexure 1 : Letter to Collector for Govt. Land Allotment for Kundalia Micro Irrigation System

18

Annexure 2 : Letter to SDM, Revenue Department for Govt. Land Allotment for Kundalia Micro Irrigation System

19

20

Annexure 3 : Temporary Land Acquisition Letter to Collector, Rajgarh for Factory Setup for Kundalia Micro Irrigation System

21

Reference 1 : Temporary Govt. Land Acquisition Orders by Collector’s Court, District Rajgarh For Mohanpura Irrigation Project – Left Bank

22

Reference 2 : Temporary Govt. Land Acquisition Orders by Collector’s Court, District Agar Malwa For Kundalia Irrigation Project – Left Bank

23

APPENDIX-1

KHASARA WISE DETAILS FOR MUNDI

VILLAGE

APPENDIX-2

KHASARA WISE DETAILS FOR DHATRAWADA

VILLAGE