35290-023: north eastern region capital cities development ...€¦ · january 2019 . period:...

Social Monitoring Report

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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

Project Number: 35290-023 / 35290-033 January 2019 Period: January 2018 – June 2018

IND: North Eastern Region Capital Cities Development Investment Program (NERCCDIP) – T1 & T2 (Sikkim)

Submitted by:

State Investment Program Management and Implementation Unit, Urban Development Department, Government of Sikkim

From: Adb Gangtok <[email protected]> Sent: Friday, January 04, 2019 2:54 PM To: Pushkar Srivastava <[email protected]> Cc: Suhail Mircha <[email protected]> Subject: SEMI ANNUAL SOCIAL SAFEGUARD MONITORING REPORT January ‐ June 2018 Dear Sir, Please find the attachment. Thanks with regards. L.P Chettri, Project Director, SIPMIU, NERCCDIP, Amdo Golai, Tadong, Gangtok.

SEMI ANNUAL SOCIAL SAFEGUARD MONITORING REPORT

Loans2528- IND and 2834-IND

Reporting Period: (January - June 2018)

INDIA: North Eastern Region Capital Cities Development

Investment Program (NERCCDIP), Gangtok, Sikkim State

Water Supply and Solid Waste Management– Tranches–1 and

2

Implementing Agency:

State Investment Program Management and Implementation Unit (SIPMIU)

Executing Agency:

Urban Development & Housing Department (UD&HD), Government of Sikkim

August 2018

Gangtok

ABBREVIATIONS

ADB - Asian Development Bank

BTA - Bridging Technical Assistance

CC - Construction Contractor

DOC - Date of Completion

DOS - Date of Start

DSMC - Design, Supervision and Management Consultant

EA - Executing Agency

EARP - Environmental Assessment & Review Procedure

EIA - Environmental Impact Assessment

EO - Environmental Officer

GoI - Government of India

GoS Government of Sikkim

IA - Implementing Agency

IEE - Initial Environmental Examination

IPCC - Investment Program Coordination Cell

MFF - Multi-tranche Financing Facility

MLD - Million Liters per Day

mn - Million

MoUD - Ministry of Urban Development

NEA - National Executing Agency

NERCCDIP - North Eastern Region Capital Cities Development Investment Program

NSC - National level steering committee

NRW - Non-Revenue- Water

PD - Project Director

PPTA - Project Preparatory Technical Assistance

SEA - State level Executing Agency

SIPMIU State Investment Program Management and Implementation Unit

SASSMR - Semi Annual Social Safeguard Monitoring Report

SAEMR - Semi Annual Environmental Monitoring Report

T A - Technical Assistance

UD&HD - Urban Development & Housing Department

ULB - Urban Local Bodies

UFW - Un-accounted For Water

WSPHED - Water Security and Public Health Engineering Department

Table of Contents

1. Introduction…………………………………………………………………………………………………….1

2. Project purpose and Context of the Report……………………………………………………………….5

3. Implementation Arrangements……………………………………………………………………………...5

4. Sub Project Components in Gangtok Municipal Council Area………………………………………....6

5. Social Safeguard Activities in Sub-Projects………………………………………………………………..8

5.1. Implementation of Resettlement Activities in Tranche -1 sub projects……………………………………8

5.2 Implementation of Resettlement Activities in Tranche -2 sub projects……………………………………8

5.3Sub project Components, its Impact on Land Acquisition & Resettlement and status of RP

Implementation………………………………………………………………………………………………….8

6.0. Subproject Land Acquisition and Ownership Details of Water Supply subproject……………………..13

6.1. Water supply subprojects …………………………………………………………………………………...14

6.2.Solid waste management……………………………………………………………………………………..14

7Status of RP implementation (Solid Waste Management)……………………………………………...17

8. Compliance status of loan covenants..……………………………………………………………….......18

11.Compliance Status of Safeguard Issues …………………………………………………………………23

12. Status of Contractor Social Safeguards Compliance………………………………………………....24

13. Grievance Redressal

mechanism……………………………………………………………………………………………………..24

14. Conclusion……………………………………………………...25

Table1: Status of civil construction activities of subproject under Tranche 1 and 2 …………...……3

Table 2: Sub project components………………………………………………………………………………….7

Table 3: Sub project Components and its Impact on Land Acquisition & Resettlement…………………..10

Table 4: Land Parcel for Service Reservoirs and the Ownership details…………………………………….16

Table5: Details of the Land Owner……………………………………………………………………..............17

Table 6: Land Parcel for landfill site and the ownership details……………………………………………….18

Table 7: Status of SWM related activities……………………………………………………………………….18

Table 8: Status of Procurement related to SWM…………………………………………………………...…..19

Table 9: Status of the Civil Work related to SWM......................................................................................19

Table 10: Status of Loan Covenants………………………………..…………………………………………...21

Table 11: Compliance Status of Safeguard Issues……………………………………………….…………....23

Table 12: Grievance Redressal Committee Composition……………………………………………..………24

Annexure 1: Copy of Letter from Collector confirming the Claimant’s portion as Government Land…….26

Annexure 2: Land Record as found in the Land Revenue Department & Proposed Location Diagram...27

Annexure 3: Copy of Sale Deed………..……………………………………………………………………….33

Annexure 4: Social Safeguard Monitoring Check List………………..……………………………………….35

Annexure 5: Summary of IR and IP Check list…………..…………………………………………………….40

Annexure 6: Notification of Water Tariff, Water Security and P.H.E.D Govt. of Sikkim……………………42

Annexure 7: Photographs of SWM Training Program…………………………..…………………………….44

Annexure 8:Snapshot of Gangtok Water Supply Project……………………………………………………...49

Annexure 10:Snapshot of GangtokSWM Subproject at Martam……………………………………………..53

Annexure 11:Sample copy of Identity Card issued for affected persons……………………………………57

Annexure 12:Copy of Official Notification of GRC……………………………………………………………..59

Annexure 13:Sample Grievance Redress Form……………………………………………………………….62

Annexure 14:AwarenessProgramme by GMC and SIPMIU…………………………………………………..63

1

Semi Annual Social Safeguards Monitoring Report – Gangtok

(January2018 – June 2018)

1. Introduction

1. North Eastern Region Capital Cities Development Investment Program (NERCCDIP)

is being undertaken for improvement of existing infrastructure, environmental quality

and access to basic urban services of Gangtok Municipal Corporation (GMC) area.

The objective of the NERCCDIP is to improve the urban environment and promote

reforms for sustainable, efficient, and responsive urban service delivery. The primary

drivers for the initiation of NERCCDIP have been bridging the gaps in urban

infrastructure provision, supplementing financial resources and technical capacity

and meeting the unmet urban public health and sanitation needs. The various

Program components are Water supply, Sewerage and Sanitation and Solid Waste

Management infrastructure.

2. With an overall objective of sustainable urban development, the NERCCDIP is being

implemented in the five capital cities - Gangtok, Aizawl, Kohima, Gangtok and

Shillong. NERCCDIP implemented over a six-year period beginning in 2010,and is

funded by a loan via the Multi tranche Financing Facility (MFF) of the Asian

Development Bank (ADB).

3. In Gangtok, capital city of Sikkim State, the Executing Agency (EA) for the program

is the Urban Development and Housing Department (UD&HD) of the Government of

Sikkim (GoS); and the Implementing Agency (IA) is the State-level Investment

Program Management and Implementation Unit (SIPMIU), created within the

UD&HD, specifically for the Investment Program implementation. At central level, an

Investment Program Coordination Cell (IPCC) is constituted in MOUD. IPCC is

responsible for overall management of the Investment Program and is supported by

the Program Management & Monitoring Consultants (PMMC).

4. Under the program the physical investments include improvements to water supply,

sanitation & sewerage and solid waste management infrastructure. The physical

improvements are being coupled with urban governance, finance, and service

delivery reforms and a capacity building program to support the implementation of

the investment program and the urban reform agenda. The Investment Program is

being implemented through three tranches of funding which began in 2009.

5. The subproject taken up under tranche -1 is under water supply component and has

been completed in Gangtok. This subproject covered (i) construction of Distribution

Network for Burtuk Zone-1 of 17.75km, Burtuk Zone-2 of 11.22km and Chandmari

Zone-3 of 15.87km lengths; (ii) construction of Pump House and installation of

pumps at Selep Water Treatment Plant of capacity 1930 lpm at Head of 101m; (iii)

2

construction of New R.C.C Reservoir of 11.50 LL capacity at Bulbuley on All India

Radio(AIR) Station Road for Burtuk Zone-1&Chandmari; and (iv) supply &

Installation of electromagnetic flow meters at outlet of pump house at Selep, outlet of

storage reservoir for Burtuk Zone-1 and at outlet of storage reservoir for Chandmari

Zone.

6. Two subprojects are under implementation in tranche -2 (i) Water Supply and (ii)

Solid waste Management.

(i) Water Supply subproject: Works taken up under water supply sub project are awarded in two lots.

• The work comprises in lot -1 are construction of threeground level reservoirs

at New Enchey (Capacity: 5.30 lakh litre), New TNSS Tank (Capacity: 3.30

lakh litre) and New Lower Sichey Tank (Capacity: 4.40 lakh litre) together with

supply and laying of 60.86 km of pipes in 13 tank zones and supply and

installation of power operated (electrical mains supply or battery) 24 Nos. of

electromagnetic flow meters. As far as project progress is concerned, 100%

construction work of all three tanks is completed so far.

• The work comprises in lot -2 are construction of 2 ground level service

reservoirs- 2 nos., at New Press Tank (Capacity: 7.80 Lakh litres

x2nos=15.60 lakh litres) and New Bazaar Tank (Capacity: 5.35 lakh litres)

together with supplying and laying of 47.66 km of pipes in 7 tank zones and

supply and installation of 15 Nos., of power (electrical mains or battery)

operated electromagnetic flow meters. As far as progress of the Ground level

Service Reservoir is concerned, 100% of construction works of all three tanks

are completed.

• With regard to De-bunching of Secondary Distribution System and

Extending Water supply to Peripheral Areas with Allied works (Lot – I) the

percentage of progress so far achieved till 30thJune 2018 is 100%.

• However, in case of De-bunching of Secondary Distribution System and

Extending Water supply to Peripheral Areas with Allied works (Lot – II),

the percentage of progress so far achieved till 30thJune 2018 is 100%.

• In addition to the above mentioned, the percentage of progress achieved

so far till 30thJune 2018 under Procurement and Installation of 14000

Water Metered house connection (GTK-WA-Metering/TR2) is 42%.

(ii) Solid Waste Management: Works in SWM subproject include (a) construction of

Solid Waste Landfill, Leachate Treatment Plant and associated infrastructure

works, (b) Procurement of primary collection materials and secondary

transport equipment and vehicles, (c) Design, Supply, Installation, Testing,

3

Commissioning and trial run 50 TPD Mechanical Compost Pant, Compacting

and Bailing machineries; Refurbishment of exiting composting Shed and

associated Civil works and (d) Construction of Approach Road from NH 10 to

Sanitary Landfill at Martam which is 20 Kms away from Gangtok.

• The component for work comprises of Construction of retaining wall,

Leachate Treatment Plant, Upgrading the surface for new Landfill, providing

sewer line from collection well, construction of toilet block, security guard

cabin, office cum store cum workers room, roads, piping system for water

supply system, green belt, bore well for monitoring, fencing and compound

wall electrical works etc. The present status of the work completion of all civil

construction activities including approach road and retaining wall of Sanitary

Landfill site.

• Inauguration of the Treatment Plant was done on 21st November 2017 by

Honorable Minister for Urban Development & Housing Department, Shri

Narendra Kumar Subba. Since then, the segregation and composting

activities at site is in progress. The percentage of progress so far achieved

(30thJune 2018) under solid waste subproject is 100%.

7. The progress of civil construction activities of subproject taken up under Water

supply is summarized in Table 1.

Table 1. Status of civil construction activities of subprojects under Tranche 1 and

2

Name of

Packages

Date of

Commencem

ent of Work

Time of

Comple

tion in

Months

Cumulative

Progress till 30th

June, 2018

Progress in %

Achieved Target

A. Supply & laying water distribution system

De-bunching

of Secondary

Distribution

(Lot-

I)Construction

of new

storage

reservoirs-3-

nos (1.395ml)

pipelines-60

km,

Supply &

Installation of

08.09.13 55

months

All works completed

& commissioned.

Trail runs

&restoration under

progress.

100 100

4

Bulk Electro-

magnetic flow

meter – 24

nos.

De-bunching

of Secondary

Distribution

(Lot-II)

Construction

of new

storage

reservoirs 2

no (2.00 ml),

Supply and

Installation of

bulk flow

meters 15

nos.

Pipeline-48

km

08.09.13 55

months

All works completed

& commissioned.

Trail runs

&restoration under

progress.

100 100

B. Improvement of Solid Waste Management System

Procurement

of Vehicles

and Steel

Bins Lot-1

Mini Garbage

Tippers

(GTK-SWM-

3B)

01.07.14 12month

s

Completed.

9 out of 9 vehicles

have been procured

100 100

Procurement

of Vehicles

and Steel

Bins Lot-2

Closed

Compactor

trucks

4.10.13 12

months

Procurement

completed and

handed over to GMC

for usage

100 100

Construction

of Solid

Waste

Landfill,

Leachate

20.09.13 45

months

Work completed &

handed over to GMC

on 21.11.2017

100 100

5

Treatment

Plant

Procurement

of chain

wheeled

hydraulic

excavator

(Shopping).

NA NA Completed, handed

over to GMC and

under use at landfill

site

100 100

Procurement

of Personal

Protective

Equipment.

(Shopping)

NA NA Completed 100 100

Procurement

of Household

bins,

Pushcarts

&litter bins.

01.07.14 12

months

Distribution of 46000

Bins (Green & Blue

colour 2300 no.

each) to residence

completed

100 100

Procurement

of Bulldozer

(Shopping)

NA 6

months

Completed. Vehicle

handed over to GMC

100 100

C. Additional Works Under Tranche 2

Procurement

and

Installation

14000 water

Metered

Household

connection in

Gangtok.

21.03.2016 5785 numbers of

Water meter installed

42 100

Design,

Supply,

Installation,

Testing,

Commissioni

ng and trial

runoff 50

TPD

Mechanical

Compost

07.02.2016 31

months

All Civil works

completed. Plant

installed. Trail runs

was done on

12thNovember, 2017

and is in operation.

Plant handed over to

GMC

100 100

6

Plant,

Compacting

and bailing

machine,

Refurbishme

nt of exiting

Composting

shed and

associated

civil works at

Martam.

Construction

of RCC

Approach

road from NH

10 up to

Sanitary

Landfill at

Martam.

01.04.2017 9

months

Completed and

handed over to

GMC.

100 100

Scientific

Closure of

Dumping at

the Landfill

site Martam

01.04.2018 31.12.20

18

Construction of

Stone Masonry

retaining wall (River

side) is going on

50 50

2. Project purpose and Context of the Report

8. The Project is expected to enhance sustainable human development, economic

growth and poverty reduction by enhancing municipal governance and strengthening

capacity to deliver municipal services and improving physical infrastructure and

urban services in the city of Gangtok, Sikkim. The expected outcomes will be (i)

enhanced capacity of ULBs to implement, operate, manage and maintain basic

urban services; (ii) increased accountability of GMC towards their citizens; and (iii)

improved physical infrastructure and urban services.

9. This consolidated report outlines monitoring implementation of social safeguard

activities between January 2018 and June 2018 in accordance with the ADB

Safeguard Policies. The report covers all the works undertaken in Tranche 2.

10. This project was classified as category “B” as per ADB’s Involuntary Resettlement Policy and ADB’s Safeguards Policy Statement 2009.A resettlement framework was

formulated as a guideline for the project implementation. All social safeguard

elements related to land acquisition and resettlement have been fulfilled and shown

7

in the ensuing sub-headings of this report. Due Diligence Reports and RP were

prepared.

3. Implementation Arrangements

11. The Ministry of Urban Development (MOUD) is the national-level Executing Agency

(EA) of the program. An Investment Program Coordination Cell (IPCC) has also

been established in MOUD incorporating a Social Safeguard Officer. A National

Steering Committee (NSC) will monitor the fund use and overall implementation

performance of the Investment Program. In each State there will be a State Steering

Committee (SSC), an Investment Program Empowered Committee (IPEC) and a

State Investment Program Monitoring and Implementation Unit (SIPMIU). The

SIPMIU is responsible for overall program implementation, monitoring and

supervision in the respective cities.

12. The SIPMIU has a Social Safeguards Unit headed by a Social Scientist, who is

responsible for implementation of resettlement aspects of the project. The Social

Safeguards Unit under SIPMIU is also responsible for redressing grievances and

mitigating negative social impacts from time to time caused due to the project.

4. Subproject components in Gangtok Municipal Council Area

13. The sub project components taken up under various tranches in Gangtok Municipal

Council are summarized in Table. 2

Table 2: Sub project components.

Component Tranche Works

Water Supply 1 • Provide water to2 newly included wards Burtuk and Chandmari with a supply level of 135 lpcd

• New pump house at Selep with 3 new pump sets

• New 11.50 Lakh liters reservoir alongside AIR station road

• Pumping main from Selep to Reservoir 200 dia DI about 2 Km.

• 44.84 Km of distribution lines in Burtuk and Chandmari (32 to 250 mm diameter pipes of HDPE, PE and GI)

• Installation of 4 bulk flow meters to measure the flows in pipe lines.

Water Supply 2 • Improve the existing water supply in the remaining 15 wards of Gangtok Municipal Corporation with a supply level of 135 lpcd

8

Component Tranche Works

• De-Bunching the secondary water distribution with equivalent distribution line for a length of 108 Km with proper zoning arrangements

• Providing Primary water distribution pipeline for a length of 3.9 Km to connect the proposed tanks to the nearest existing feeder for catering to hitherto uncovered peripheral areas.

• Contribution of additional 5 nos. of service reservoirs of total capacity of 33.95 lakh liters

• Providing 44 bulk flow water meters (previously it was 39nos.)

• Providing 14000 Household water meters (previously it was 12000 nos.) and making reconnection to replace the existing bunched connections.

Solid Waste Management

2 • Distribute Dustbin in all 17 wards of the City. Dustbin at household level (Wet & Dry for biodegradable and non-biodegradable respectively) has already been distributed in 12 wards of the city out of 17 wards. Door to door waste collection once in 2-3 days is in place.

• The primary waste collectors is provided with small mechanical vehicles and further it is transferred to secondary vehicles and finally to Solid Waste Management Plant.

• Biodegradable waste will be converted to manure by composting at the plant and non- biodegradable will be segregated again to inert and scientifically disposed in sanitary land fill.

• Construction of sanitary landfill with leachate treatment plant.

9

5.Social Safeguard Activities in Sub-Projects

5.1 Implementation of Resettlement Activities in Tranche -1 sub projects

All the subproject under tranche-I is categorized C for Involuntary resettlement.

5.2 Implementation of Resettlement Activities in Tranche -2 sub projects

14. This section deals with the implementation of social safeguard activities of Water

Supply and Solid Waste Management sub projects taken up under tranche-2 in

Gangtok Municipality under NERCCDIP. Resettlement Plan (RPs) has been

prepared for both the sub projects.

15. SIPMIU followed the principle of Avoidance, Minimization and Mitigation during all

civil works including pipe laying due to proper designing and inherent flexibility in

phasing the civil activity and tried to avoid possible impacts during construction.

However, in case of unavoidable circumstances where it was likely to affect project

schedule, compensation was given at market rate. In order to identify the

Resettlement Impacts, if any, due to the project implementations, the safeguard

specialists of SIPMIU & the DSM Consultant have carried out site visits and

consultative inspections in the project areas during the preparation and

implementation of RP. Based on this and further discussions held with the local

public, it has been authenticated that the implementation of the subprojects taken up

under tranche 2 had not significant involuntary resettlement impacts. Hence the sub

projects (tranche-2) category with respect to Resettlement Impact is ‘Category ‘B’. (ADB’s Safeguard Policy Statement, 2009).

5.3Sub project Components, its Impact on Land Acquisition & Resettlement and

status of RP Implementation

16. The subproject components, summary of impact on land acquisition, involuntary

resettlement issues and present status of RP implementation is described in Table

3, further details are illustrated in below section.

10

Table 3. Sub project Components and its Impact on Land Acquisition & Resettlement

Component Location Permanent

Impact on

LA and IR

Temporary

Impact

Remarks Status of RP

implementation

Providing

secondary water

distribution

network for a

length of 108km

with proper zoning

arrangements to

replace the

present bunched

distribution system

and for uncovered

peripheral area

De-bunching of

Secondary Distribution

System and Extending

Water supply to

Peripheral Areas with

Allied works have been

taken up under Lot – I

and Lot – 2 throughout

Gangtok Municipal

area.

Nil Yes Around the Lal bazaar area, in

one pocket of 200 Miters,

where, to lay down the pipeline

for de-bunching purpose,

manual digging was done.

There was no such temporary or

partial disruption of business

during the work and the

pedestrian walkway was also

opened for movement of the

people. As few of the shops are

located in the ground floor, so

work was taken up on market

weekly holidays (Thursdays)

and also during night time after

shops were close down to avoid

temporary business disruption.

There were no other

encroachers or squatters, or

kiosks found during the transact

walk or through the engineering

survey who are occupying or

utilizing the RoWs for business

Project has been

implemented without

damaging the encroached

portion (limited the trenching

within the right of way).

Also, the civil works at this

location was done during

the weekly market holidays

(Thursdays) and night time

to avoid any kind of

temporary business

disruption and other impact.

During the period of

implementation, no

grievances from any shop

owner were received in this

regard. Hence, no

compensation was required

to be paid for any temporary

loss/disruption of business.

The RP has been updated

and send to PMMC.

11

or residential purposes.

Previously, 15 shops were

temporarily thought to be

impacted, however, due to the

Civil works done on Market

weekly holidays (Thursdays)

and during night time, no such

impact or temporary loss of

business were noticed.

Providing primary

water distribution

pipeline (feeder

mains) of 250mm

diameter DI,

200mm DI and

180mm DI

diameter, 110mm

PE to 63mm and

GI 40mm diameter

for a length of 48

Km/3.91km

tapping from

existing feeder

mains to the

newly proposed

service reservoirs

for catering to

hitherto uncovered

1. Tapping from

nearest topographical

feasible point of

existing feeder main to

the proposed Press

Tank - Zone-3

2. Tapping from


feasible point of


the proposed Bazar

Tank – Zone-4

3. Tapping from


feasible point of


the proposed lower

Nil Nil During the project

implementation, certain people

have claimed that the pipe line

is proposed to lay in their private

land.

Out of the three claimants,

one was originally found to

be an old Mule Track by the

State Administration and

Land Department and

accordingly the issue was

bought to the notice of DC.

The issue was then sorted

out by the intervention of DC

and Court and ultimately it

was declared to be a

Government land (Copy of

order from DC is attached

as Annexure 1.

In case of second claimant,

the earlier claimed private

land was again found to be

an old footpath after

12

peripheral areas

Sichey Tank – Zone-5

4. Tapping from


feasible point of


the proposed Enchey

Tank – Zone-6

5. Tapping from


feasible point of


the proposed Tank at

TNSS area – Zone-7

verification by the Land

Revenue Department and

the patch of land belongs to

Government. Hence, no

claim was further made by

the respective person and

the matter was amicably

settled.

Regarding the third

claimant, the idea of laying

pipeline for household

connection was dropped as

the concerned person

denied any requirement for

household pipe connection

at this point of time. Hence

the idea for pipe laying at

the mentioned point was

dropped.

Construction of

additional 5 nos. of

service reservoirs

of total capacity of

3.395 ML. (there

will be two press

tanks instead of

previously

proposed one but

• SR-1&1a at existing press tank area

• SR-2 at existing Bazar tank area

• SR-3 at lower Sichey area

• SR-4 at existing Enchey tank area

• SR-5 at TNSS area

Yes Nil Out of the total 5 Service

Reservoirs 4 have been

constructed on government

land. Only one SR (SR-3 (at

lower Sichey) having 25m x 10m

area has been constructed on a

private land, purchased from the

concerned owner at a

negotiated price of Rs. 1200/Sq.

As acquisition process of

the private land for SR-3 at

Lower Sichey will take much

time through the procedure

of Right to Fair

Compensation and

Transparency in Land

Acquisition, Rehabilitation

and Resettlement Act, 2013,

13

capacity remains

the same)

ft.

As per the original design the

land requirement for

construction of tank was 400

Sqm and later the construction

design for the tank was

redesigned and land

requirement as per new design

was decided to be around 254

Sqm.

RP has been prepared for the

same and got approved from

ADB.

so the project authority has

taken necessary action to

purchase the land through

negotiation (section 46 of

LARR Act, which permitted

the project authority to

purchase the land through

negotiation).

The first activity in the

negotiated purchase is

establishing the title of the

land owner. This was

ensured by Land Revenue

Officer after a joint site

verification and verification

of land records.

Subsequent to the Revenue

Officer’s report, DC has

issued a public notice

inviting objections from

public on purchasing the

land from the land owner.

As nobody has challenged

the right of Mr. Dhan Kumar

Rai S/o Ratan Bahadur Rai

of lower Sichey within the

stipulated time frame,

14

Department has decided to

purchase the land from Mr.

Dhan Kumar Rai paying the

existing market rate. The

market rate was fixed on

negotiation with the land

owner.

The negotiated rate at which

the land was purchased is

Rs.1200/Sq.ft. The land has

been purchased by the

name of Secretary WS &

PHED, Govt of Sikkim on

05/09/2014 by paying the

negotiated rate. The

scanned copy of the

certified land record (parcha

Khatian) of that particular

plot and the layout of the

plot along with copy of Sale

Deed have been placed as

Annexure 2 & 3.

Providing 44

numbers bulk flow

water meters

(previously it was

Bulk meters have been

fixed on pipeline at

various locations in

Gangtok town

Nil Nil Minor work with minimal

physical construction. No IR

impacts

NA

15

39 nos.).

Providing 14000

household water

meters (previously

it was 12000 nos.)

and making re-

connections to

replace the

existing bunched

connection

Consumer meters will

be fixed to each

connection at the house

Nil Nil Minor work with minimal

physical construction. No IR

impacts

NA

16

6.0 Subproject Land Acquisition and Ownership Details of Water Supply subproject

6.1 Water Supply Subproject:

17. A parcel of private land has been acquired under the water supply sub project

(Tranche-2) for construction of one service reservoir out of proposed five number of

service reservoirs. All other components of works i.e. (Construction of 4 SRs and laying

of pipelines) under Tranche- 2 are either located on vacant government land or along

the existing right-of-way (RoW) of city roads. The 4 new service water reservoirs have

been constructed within available government lands. The locations were finalized in

consultations and as per the suggestions of Water Security and Public Health

Engineering Department (WSPHED), Government of Sikkim.

18. A snapshot of Water Supply subproject is highlighted in Annexure9.One service

reservoir which has been constructed in the lower Sichey area is located in private

land. Initially, the total land requirement for this service reservoir was decided to be 400

sqm., however, as per the new design the requirement of land was fixed to be 250

Sqm. and accordingly, the required land was purchased by Govt. of Sikkim from the

owner. The identified location of this proposed service reservoir has also been done in-

consultation with (WS&PHED) as no Government land was available in that area.

Location and the required area for each service reservoir along with the ownership are

described in Table 4. Further the ownership details of land already acquired at Sichey

are summarized in Table 5.

Table 4. Land Parcel for Service Reservoirs and the Ownership details.

Sl

No.

Location of the

proposed SR

Ward

No.

Required

Land

Ownership of land

1 Reservoir No.-1&

1a (at existing

Press Tank site)

11 25m x 16m Revenue Department,

Govt. of Sikkim

2 Reservoir No.–2

(Adjacent to

existing Bazar

Tank site)


Govt. of Sikkim

3 Reservoir No. 3

(at lower Sichey)

4 25m x 10m Private land

(Purchased by Govt.

of Sikkim)

4 Reservoir No. 4

(adjacent to

existing Enchey

tank Area)


Govt. of Sikkim

5 Reservoir No. 5

(at TNSS area)


Govt. of Sikkim

17

Table 5. Details of the land owner

Nam

e of

Owne

r

Parcha

No.

Khatia

n No.

LA in

Sq.

Mts.

Total

Area

of

the

Plot

(Sq.

Mts.)

Total

Land

Holdi

ng of

the

Owne

r (Sq.

Mts)

% of

loss

compa

red to

the

total

area of

the

affecte

d plot

% of

loss

compar

ed to

the total

area of

land

holding

No. of

tree

Dhan

Kuma

r Rai

139/35

4

287/

1096

250 1400 2723 18%

(appro

x)

9%

(approx

)

8 trees

– all

non

fruit

bearing

& non

–

timber

value

6.2Solid Waste Management:

19. For the proposed subproject, Government land measuring 4.2660 ha have been

allotted for development of sanitary landfill site and processing plant, access road to

the processing plant and for developing a green belt area all around the SWM site. The

existing site of dump yard located at Martham (around 20 Km from Gangtok) is

presently used to house the entire sub project components. A snapshot of SWM

subproject is highlighted in Annexure10. Hence, no permanent land acquisition from

private sources was required for the sub project. The land on which SWM subproject is

been implemented, belongs to the UD&HD, Government of Sikkim. The land revenue

department has already initiated the process for mutation of the 4.2660 ha of the land

to be transferred by the name of GMC, Government of Sikkim. The ownership status of

the land is given in Table 6and the status of work is reflected subsequently in Table

7,8, and 9.

18

Table 6. Land Parcel for landfill site and the ownership details.

Sl

No

Survey Number/Plot

Number

Area in Hectare Status of Ownership

1 1958 1.3720 Government/UDHD








Total Area 4.2660

20. Construction of Solid Waste Landfill, Leachate Treatment Plant & Associated

Works at Gangtok.Completed and handedover to GMC.

Table 7. Status of SWM related activities

Sl. No. Component of work Status

1 Security Cabin Completed

2 Office/Store/Workers ‘ Room Completed

3 Construction of Retaining Wall of Length – 272

meters

Completed

4 Providing 900mm Clay Liner Completed

5 Removal of 16000 Cum existing solid waste Completed

6 Construction of Leachate Treatment Plant Completed

7 Providing 1.5mm thick Geo-membrane Completed

21. Procurement of Primary and Secondary Garbage Collection Vehicles and Other

Machinery/Equipment.

19

Table 8: Status of Procurement related to SWM

Sl.

No.

Item Numbe

r

Status

1 Procurement of Vehicles and

Steel Bins Lot-1 Mini Garbage

Tippers (GTK-SWM-3B)

As per

contract

Procured and Handed

over to GMC

2 Procurement of Vehicles and

Steel Bins Lot-2 Closed

Compactor trucks

As per

contract

Procured and Handed

over to GMC

3 Procurement of chain wheeled

hydraulic excavator (Shopping).

As per

contract

Procured and Handed

over to GMC

4 Procurement of Personal

Protective Equipment. (Shopping)

As per

contract

Procured and Handed

over to GMC

5 Household bins, Pushcarts & litter

bins.as

As per

contract

Procured and

distributed amongst

the household of 15

wards of GMC

6 Procurement of Bulldozer

(Shopping)

As per

contract

Completed

22. Design, Supply, Installation, Testing, Commissioning and Trial Run 50 TPD

Mechanical Compost Plant, Compacting and Bailing Machineries, Refurbishment

of Existing Composting Shed and Associated Civil Works at Martam.

Table 9: Status of the Civil Work related to SWM

Sl.

No.

Component of work Status

1 Design, Procurement and

Installation of 50 T per day

capacity mechanical compost

plant.

100% Civil works completed.

Installation of Mechanical compost

plant i.e. Shredder and Vertical

Bailing machine is completed.Trial

run done.

Compost plant and Landfill has been

commissioned by Hon’ble MIC, UD &

HD Govt. of Sikkim on 21 November

20

2017.

Compost Plant & Sanitary Landfill

site was handed over to GMC on the

same day.

2 Refurbish exiting compost shed

and associated civil work

Completed and handed over to GMC.

3. Construction of RCC Approach

road from NH-10 to Sanitary

landfill at Martam, Gangtok

100% of the planned work has been completed.Construction of 650 meter RCC road has been completed. Drains improved & Constructed, RR Stone Masonry retaining walls of Valley side completed and construction of Hillside retaining wall is under progress.

Overall progress 100%.

7. Status of RP implementation (Solid Waste Management)

23. As a part of preparation of Resettlement Plan, an initial socio-economic survey and

census was undertaken in November 2010 in the proposed land fill site situated at

Martham. Based on the census undertaken during that period, 38 households were

identified as the Affected Persons (AP). As a follow up on the above survey, a similar

type of re-verification (socio-economic) survey was carried out by the RP

implementation NGO during the period from 15th March 2014 to 27th March 2014 and

again on 15th April 2014 to 18th April 2014. The survey was carried out with a

predesigned questionnaire approved by SIPMIU. The survey was designed to gather

information related to the socio-economic profile of the affected households. Photo

verification of the participating PAFs was also done. 32 households (out of 38) were

present during the revalidation surveys and it came to know that the balance 6 has

migrated to other places like Siliguri, Kolkata etc. due to health-related issues or for

better employment opportunities

24. Public Disclosure: The project details and resettlement benefits were disclosed to the

APs on 11thJune, 2014. As none of the APs are having bank account to encash the

project assistance, the project provided support in opening the bank accounts at Union

Bank of India (UBI), Ranipool Branch, Gangtok. Senior Manager of UBI explained the

formalities and documents required for opening the bank account. During the meeting

he has also assured ‘zero’ balance operation to the APs. The RP implementation NGO

has coordinated for all the activities.

21

25. Issuing Identity Cards: Identity cards are issued to all project affected persons on

15th & 16th of October 2014 by the RP implementation support agency (M/s. Eco

Tourism and Conservation Society of Sikkim). A copy of Identity Card is attached as

reference in Annexure11.

26. Preparation of Micro Plan & Disbursement of Resettlement Assistance: Based on

the micro plan prepared by the RP implementation NGO, the project assistance listed

in the RP has been issued to all identified 32 PAPs through A/c payee cheques.

Remaining 6 PAPs could not be identified as they have migrated to nearby state for

search of better livelihood option and health reasons. The resettlement assistance

(based on the entitlement matrix) has been paid to the respective APs on 17th October

2014. The Bank and APs were directed to keep this amount as fixed deposit for next

one year. Hence the amount with interest shall be used for the rehabilitation of APs

based on the micro plan.

8.Compliance status of loan covenants

27. The compliance status with respect to loan covenants is presented in Table 10 as

under.

Table 10. Status of Loan Covenants

Sl No Loan Covenant Agency Status of

Compliance

1 GOI and the State will ensure that

all land and right of way required for

the investment program are made

available in timely manner.

Adequate compensations are

provided prior to the signing of

relevant civil work contracts, and

involuntary resettlement is carried

out in accordance with the

resettlement frame work (RF) and

resettlement plans (RPs) agreed

upon between the Government and

ADB. An RP will be prepared for

each sub project involving land

acquisition and resettlement and

shall be submitted to ADB for

review and approval prior to award

of any related civil work contract.

Government of

India &

Government of

Sikkim

Out of the 5 Water

Storage Reservoir,

four are located on

the Government land,

however, one land

measuring 25Mtx10

Mt belonging to Mr.

Dhan Kumar Rai had

to be purchased by

Government of

Sikkim at an existing

market rate of

1200/Sq.Ft.

In case of SWM, 38

Rag pickers have

been identified as

PAPs to have

temporary loss of

22


Compliance

livelihood out of

which 32 were

provided with

compensation in the

year 2014 (rest 6

could not be given

the compensated

amount as they have

migrated to other

state for health-

related issue and

better livelihood).

2 GOI and the State will ensure that

sub projects will not negatively

impact on vulnerable groups, such

as indigenous people. In the event

of their involvement in any of sub

projects, the GOI and the states will

ensure the that the sub projects are

carried out in accordance with the

Indigenous People Development

frameworks (IPDF) agreed up on

between GOI, the States and the

ADB and comply with ADBs policy

on Indigenous People (1998)

Government of

India

&Government

of Sikkim

No negative Impact

on any vulnerable

groups was noticed

or observed during

the course of

implementation of the

project.

3 In the event any issues related to

indigenous people arise in course

of project implementation, the

borrower and the state shall ensure

to address those issues in

accordance with the applicable laws

and policies of the borrower, ADB’s policy on indigenous Peoples

(1998) and the Indigenous

Development Framework for the

facility as agreed between the

Borrower, the State and ADB. In the

case of any discrepancy between

Government of

India &

Government of

Sikkim

Agreed. However, no

issues related to

indigenous people

wereobservedduring

the course of

execution.

23


Compliance

the Borrower’s legislation and ADB’s policy, ADB’s policy shall prevail.

4 GOI and State will ensure that all

civil works contractors comply with

all applicable labor laws, including

those on occupational health and

safety, and do not employ child

labor as defined in national

legislation for construction and

maintenance activities. Priority work

will be given to people from the

area where the works are

implemented and men and women

will receive equal pay for work of

equal value.

Government of

India &

Government of

Sikkim

Adequate provision

has been made in the

contract agreements

5 Within six months of the Effective

Date, the State shall have

established a grievance reporting

and redressal mechanism

Government of

Sikkim

25thJanuary2012, the

GRC has been

formed.

11.Compliance Status of Safeguard Issues

Table 11. Compliance Status of Safeguard Issues

S. No.

Loan Covenant Description Compliance Status

A. Environment 1 Design, construction, operation and

implementation of all Water Supply & SWM Sub-Projects are carried out in accordance with the EARF

Complied

2. SIPMIU prepared and submitted annually to ADB an environmental monitoring report that describes (a) progress in implementation of the EARF and environmental management plan; and (b) problems encountered and measures adopted.

Semiannual Environmental monitoring reports are being prepared and submitted to ADBby SIPMIU.

B. Social

24

Resettlement. The Borrower and the States shall ensure that, where applicable, all land and right-of way required for the Project shall be made available in a timely manner, adequate compensations are provided prior to the signing of relevant civil works contracts, and involuntary. resettlement is carried out in accordance with the RF and the resettlement plan for the Project

All resettlement issues are being carried out in accordance with the RF and RP for implantation of the projects. Semiannual Social Safeguard monitoring report prepared and submitted to ADBby SIPMIU.

C. Gender Supervising the implementation of the

gender action plan for the Project as well as other social activities.

Complied with

The Borrower and each State shall ensure to fully implement the gender action plan for the Investment Program as it applies to the Project.

Being complied

12.Status of Contractor Social Safeguards Compliance

28. Contractors are complying with all social safeguard procedures advised by SIPMIU and

DSMC.

13.Grievance Redressal Mechanism

29. SIPMIU, Gangtok has a well establish Grievance Redressal Mechanism (GRM), inbuilt

in the process itself to receive complaints and grievances to facilitate concerns of APs.

Grievance Redressal Committee has been constituted as per the guideline vide

notification number 52/GOS/UD&HD/106 dated 25th January 2012 (Copy of the

notification shown in Annexure11).However, no complaints are elevated to the GRC

for its consideration during this period from 1stJanuary, 2018 to 30th June, 2018.

Table 12. Grievance Redressal Committee Composition

Sl.No. GRC Designation

1 Project Director Chairperson

2 Officer of Land & Revenue Department Member

3 Project Manager, SIPMIU Member

4 Resettlement Officer of Social/Resettlement

Unit (SIPMIU)

Member

5 Representative of Implementing NGO Member

25

6 Representative(Female) from AP Member

14. Conclusion

30. SIPMIU’s approach of project implementation involving selection of most optimum

route due assessment and planning and then ensuring implementation and monitoring

mechanism throughout project life cycle supported by strong institutional arrangement

has considerably nullified the adverse impacts arising out of project activities.

Moreover, SIPMIU has taken all possible measures to avoid damages to crop/trees by

careful project design which also enabled to avoid paying of any compensation in the

form of loss of crops/trees/any structure etc. Out of the two components under

NERCCDIP (Tranche II) at Gangtok city, 24x7 water supply and improvement in solid

waste management infrastructure, on an average 95.23% under water supply and

100% work related to civil work and procurement under SWM has been completed in

both the tranches (1 and 2). During laying of pipelines for household connections few

of the local residents have claimed that the pipeline is proposed through their private

land, for which SIPMIU have taken requisite steps by bringing the matter to the notice

of Land Revenue Department and DC and later as per Land Record, the claimed

portion was found to be Government land. The matter was settled by timely

intervention of DC and the Land Revenue Department.

26

Annexure 1: Copy of Letter from Collector confirming the Claimant’s portion as Government Land

29

Annexure 2: Land Record as found in the Land Revenue Department & Proposed Location

Diagram

31

Annexure 3: Copy of Sale Deed

33

Annexure 4:Social Safeguard Monitoring Check List

34

Social Safeguard Monitoring Checklist – TRANCHE II

Project Data Name of Project and Sub - projects

NERCCDIP funded by ADB. Subproject comprises of water supply and solid waste management as part of NERCCDIP I. Water Supply II. Solid Waste Management

Type of contract Regular √ Design Build Combined

Safeguard Categorization

A B √ C

IR Entitlement Matrix Yes IP NA

A. Design and Engineering Status

Item Status (Y/N) Follow up required (Y/N)

Type of Required Action

Final detailed engineering design of the sub project completed

Y N Updated draft IR/IP New RP/IPP preparation No action

Changes in project design/ scope (occurred or envisaged)

N N Project re-categorization (IR/IP)

IR/IP Impact assessment

New RP/IPP preparation

No Action

B. Institutional Status Readiness

Sl. No.

Item Status (Ready/Not ready/NA)

Follow up required (Y/N)

Completion Deadline

1 Mobilization of civil works contractor

Ready N

2 Mobilization of Project Supervision Consultant

Ready N

3 EA’s Safeguards Unit with designated staff

Ready N

4 Recruitment of External Monitoring Agency

Ready (PMMC)

N

35

C. Safeguards Requirements Sl. No.

Item Status (Ready/Not ready/NA)

Follow up required (Y/N)

Completion Deadline

1 Safeguards monitoring included in the project progress report

Ready N

2 Final/ updated RP/IPPprepared and submitted

Ready N

3 Project’s Grievance Redress Mechanism established

Ready

4 Recruitment of third independent party for negotiated land acquisition

NA NA

5 Project’s ESMS (for FI) established

Ready

D. RP/ IPP Monitoring Checklist

Item No.

Safeguards Related Requirements Status (Ready/Not ready/ NA)

Completion Deadline

Progress to Date/ Remarks

1.0 MANAGEMENT Institutional and Financing Arrangements 1.1 Financing and budget : (i) safeguard

office and staff; (ii) RP/IPP cost Ready

1.2 Establish Safeguard Unit: (i) resettlement offices (ii) resettlement staff as in RP (iii) safeguards’ database (iv) facilities (v) safeguards training

Ready

Updating of DD/RP/IPP based on Detailed 1.3 Update DD/RP/IPP: (i) revise based on

DMS (ii) revise implementation schedule (iii) revise budget

Ready

1.4 Compensation rates: (i) approved by Government ; (ii) Adequate as per RP/RF; (iii) APs informed.

Ready

Disclosure and Grievance Redress 1.5 Disclose final/updated RP/IPP: (i) to the

APs in local language; (ii) in ADB website; (iii) in EA’s website

Ready

1.6 Disclose project activities to affected communities: (i) put up a project sign boards; (ii) distribution of project leaflets and

Ready

1.7 Grievance redress committees: (i) clear Ready.

36

terms of reference; (ii) appointment decree; (iii) publicly disclosed among APs.

1.8 Grievance redress records: (i) list and numbers of grievances received; (ii) numbers of resolved issues; (iii) numbers of cases under GRC review; (iv) outstanding cases (filed to court)

Ready

Monitoring and Reporting Arrangements

1.9 Set up internal monitoring system : (i) assessment on capacity and staff requirements; (ii) criteria of safeguards assessment ; (iii) reporting mechanism

Ready

1.10 Appoint external monitoring agency (as relevant): (i) recruitment schedule; (ii) TOR; (iv) baseline survey (v) reporting mechanism (vi) action taken by management on reports.

NA

1.11 Reporting: (i) frequency; (ii) timeliness; (iii) identified issues; (iv) action taken and / recommendation.

Ready

2.0 RP/IPP IMPLEMENTATION Consultation 2.1 Consultation: (i) responsibility; (ii)

stakeholders Identified; (iii) consultation and process; (iv) documentation

Ready

Mapping and Assets Inventory

2.2 AP Identity cards & affected assets records: (i) issuance and distribution of AP ID cards, (ii) detail measurements survey of affected assets and documentation

Ready

2.3 Land acquisition activities: (i) maps of affected and relocation sites; (ii) acquisition & relocation schedule; (iii) coordination with the asset’s acquiring, transfer and registration bodies

Ready

2.4 Common property/ public assets: (i) final inventory; (ii) restoration plan and schedule; (iii) funding sources

NA

Compensation, Relocation and Rehabilitation

2.5 Payment of compensation and entitlements (as stated in the RP): (i) schedule of payment; (ii) records/ receipts of payment

Ready

37

2.6 Relocation of process ( relocation site readiness): (i) housing & associated facilities established; (ii) transfer of new land/plot/ house ownerships completed

NA

2.7 Provision of (a) income restoration, (b) additional assistance for vulnerable APs, (c) training, etc. (as stated in the RP): (i) per type of activities; (ii) schedule of implementation

NA

Monitoring and Reporting

2.8 Submission of the reports: (i) semiannual monitoring reports; (ii) external monitoring and evaluation reports (as required); (iii) completion report

Ready

2.9 Transfer of acquired assets to the acquiring agency

Ready

38

Annexure 5: Summary of IR and IP Check list

39

Summary of IR and IP Check list

Name of the Work

Has involuntary resettlement (IR) impact, a resettlement plan (or corrective action plan) is required

Has No IR impact, no resettlement plan is required

Issues if any

Has Indigenous People (IP) impact, an indigenous people plan (IPP) (or specific IP action plan) is required

Has No IP impact, no IPP/specific action plan is required.

Issues if any

Construction of Solid Waste Land fill, Leachate Treatment Plant and Associated Infrastructure Works.

Yes NA Nil No NA Nil

Construction of Service Reservoirs for Water supply sub project at lower Sichey

Yes NA Nil No NA Nil

40

Annexure 6: Notification of Water Tarif, Water Security and P.H.E.D Govt. of Sikkim

41

Annexure 6: Notification of Water Tarif, Water Security and P.H.E.D Govt. of Sikkim

42

Annexure 8: Photographs of Training program on SWM organized by SIPMIU at Gangtok

for GMC conservancy staff on 22nd and 23rd June 2018

46

Annexure 9: Snapshot of Gangtok Water Supply

Project

50

Annexure 10: Snapshot of Gangtok SWM Subproject

at Martam

51

50 TPD Mechanical Compost Plant & Landfill at Martam

52

Construction of RCC Approach Road to Landfill site

54

Annexure 11: Sample Copy of Identity Card Issued for

Affected Persons

56

Annexure 12: Copy of Official Notification of GRC

59

Annexure 13: Sample Grievance Redress Form

60

Annexure 13: Sample Grievance Redress Form

(To be available in Nepali and English)

The _____________________________________Project welcomes complaints, suggestions,

queries and comments regarding project implementation and functioning. We encourage you with

grievance to provide your name and contact information to enable us to get in touch with you for

clarification, feedback and to redress your grievance. Should you choose to include your personal

details but want that information to remain confidential, please inform us by writing/typing

*(CONFIDENTIAL)* above your name. Thank you.

Date: Place of registration:

Contact Information/Personal Details:

Name Gender Male

Female

Age

Home Address

Place

Phone No.

E-mail

Complaint/Suggestion/Comment/Question Please provide the details (who, what, where and how) of your grievance below: If written as attachment/note/letter, please put a tick here:

How do you want us to reach you for feedback or update on your comment/grievance?

For Official Use Only

Registered by: (Name of Official registering grievance)

Mode of communication: Letter E-mail Verbal/Telephonic conversation

Reviewed by: (Names/Positions of Official(s) reviewing grievance)

Action Taken:

Whether Action Taken Disclosed: Yes

No

Means of Disclosure:

61

Annexure 14: Awareness Programme by GMC

and SIPMIU

35290-023: north eastern region capital cities development ...€¦ · january 2019 . period:...

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