involuntary resettlement assessment and measures · indian thar desert. the project site is...

Involuntary Resettlement Assessment and Measures Resettlement Framework Document Stage: Draft Project Number: 45915 September 2011

Dahanu Solar Power Project Prepared by Dahanu Solar Power Private Limited

The resettlement framework 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.

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Resettlement Framework for Solar PV Project (40 MW) at Dhursar, Rajasthan

Draft RESETTLEMENT FRAMEWORK For

DAHANU 40 MW PHOTOVOLTIC (PV)

SOLAR POWER PROJECT

At Dhursar Village, Pokharan Tahsil, Jaisalmer

District, Rajasthan

September 2011

DAHANU SOLAR POWER PRIVATE LIMITED DHURSAR, RAJASTHAN

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TABLE OF CONTENTS

Contents CChhaapptteerr 11.. Introduction ..................................................................................................... 1-3

1.1 Project Description ......................................................................................................... 1-3 1.2 Scope of Land Acquisition and Resettlement Impacts ........................................................ 1-3

CChhaapptteerr 22.. Objectives Policy Framework and Entitlements ............................................ 2-5 2.1 Objectives ..................................................................................................................... 2-5 2.2 Policy Framework and Entitlements ................................................................................. 2-5 2.3 Analysis of Gaps Between National Laws and ADB SPS SR2 ............................................ 2-5 2.4 Involuntary Resettlement Safeguard Principles for the Project ............................................ 2-6 2.5 Entitlement Matrix ......................................................................................................... 2-7

CChhaapptteerr 33.. Procedures For Resettlement Planning .......................................................... 3-9 CChhaapptteerr 44.. Consultation, Participation, Disclosure and Grievance Redressal ............... 4-10 CChhaapptteerr 55.. Compensation, Income Restoration And Relocation .................................... 5-12 CChhaapptteerr 66.. Institutional Arrangements and Implementation .............................................. 6-14 CChhaapptteerr 77.. Budget and Financing ...................................................................................... 7-15 CChhaapptteerr 88.. Monitoring and Reporting ............................................................................. 8-16

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CCHHAAPPTTEERR 11.. Introduction 1.1 Project Description

1. Dahanu Solar Power Pvt. Ltd. (DSPPL), a 100% subsidiary of Reliance Power Limited is planning to set up Solar PV power project (the Project) with a capacity of 40 MW in the state of Rajasthan, India. The Project is expected to produce clean, pollution free energy as well as provide employment to the people living in and around that area. 2. The Project is located in Dhursar Village, Pokhran Tehsil in Jaisalmer District, The district, the largest in the country, covers a geographic area of around 38,401 sq. kms which forms part of the great Indian Thar Desert. The Project site is accessible through a motorable asphalt road located 5 km away from the site. NH114 is 10 km from the site while NH-15 passes from Pokaran. The site is approximately 25 km from Pokaran and 140km from Jaisalmer. The nearest inhabited area is a small settlement comprised of about 900 habitants. The vicinity map and land use pattern of the project site encompassing 2 km radius is given in Appendix 1. 3. The proposed 40MW Solar PV Project has the following major components:

Construction of a 40MW solar power plant on 140 hectares of Government land including control buildings, switchgear buildings, internal access roads, photo voltaic module area, open area among other support facilities,

Construction of a 30km, 220 kV, double circuit, transmission line from the power plant to the existing 220 kV sub-station of Rajasthan Vidyut Prasaran Nigam Limited (RVPNL) near Dechu,

4. Pre-construction activities for the first phase of the power plant commenced in September 2011 and is expected to be commissioned by March 2012. Construction of the transmission line is expected to commence in January 2012. During construction, a temporary workers camp will be set up within the plant site and separate accommodation for 30-40 DSPPL employees will be rented in Pokharan town. The Project is the first phase of the Solar Power Project construction by DSPPL in the area. The second phase, which is outside the Project scope, is expected to be constructed in 2013.

1.2 Scope of Land Acquisition and Resettlement Impacts

5. The land requirement for the construction of the power plant depends upon the technology deployed i.e. Crystalline or Thin Film technology, conversion efficiency and solar radiation incident in the Project location. The Thin Film Solar PV technology has been selected and 140 Hectares of government land is being leased by the Government of Rajasthan for the Project which is sufficient to install the 40 MW Solar PV Project. The cost towards the 30 year lease of the 140 Hectares of the land has been estimated as Rs 30 lacs. The land lease agreement with the Government of Rajasthan is governed by the provisions of the Rajasthan Land Revenue (Allotment of land for setting up of power plant based on Renewable Energy sources) Rules, 2007. The land is rocky and barren and there are no permanent or temporary dwellings or cultivation at the site, hence, there are no involuntary resettlement impacts associated with the use of this land. During construction, a temporary workers camp will be constructed in an open area within the site and no additional temporary acquisition is required. In Pokharan, additional housing will be rented for DSPPL staff. 6. The power generated from the proposed solar PV power plant will be stepped up first to 33 kV level through suitably rated transformers and then to 220 kV level through 33/220 kV step-up transformers. The power from the PV project will then be evacuated through the proposed 220 kV

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transmission line to Dechu substation owned and operated by RVPNL. The Dechu substation has 10 bays, 2 of which will be utilized by the Project, while the rest will be used by RVPNL. No additional land acquisition is anticipated for the power plant and the substations since the Project will utilise government land and connect to an existing substation. 7. DSPPL will construct a 220KV single /double circuit transmission line about 30km from the Project site to the Dechu GSS. Initial survey of the 30km transmission line right of way (ROW) show that it will pass through 7 villages in the State of Rajasthan, namely, Dhursar, Lalpur, Dolhinadi, Changsama, Mandla, and New Nadhi of Pokran Tehsil, Jaislmer District and Decchu Village in Decchu Tehsil, Jodhpur District of Rajasthan. Table 1 shows the ROW of land for the transmission line. The ROW will generally pass through vacant government (0.11ha) and private lands (72.37ha) characterized mainly by sandy dunes, light vegetation and mostly barren land. The initial alignment is available in Appendix 1 Figure 3. Approximately 100 towers to be constructed will require 1.44ha with each tower requiring about 144 square meters of land. The final alignment and the exact locations of the 100 towers have not been identified yet. The preliminary survey observed that there are no houses along the initial alignment and there are hardly any trees which need to be removed during the line construction. The initial construction works along the alignment involve land clearance, cutting, filling, and leveling that may cause loss of vegetation (Babul, kair and some shrubs like Bui and Beri are commonly found in this area). As per the Electricity Act of 2003, land will not be acquired for the ROW and for the tower footings. However, transmission lines may pass through private lands and towers may be erected on private lands. This may have economic impacts including partial loss of privately owned lands. It may also affect or limit future land use and potentially decrease the market value of privately owned.

Table 1. Village-wise Right of Way for Transmission

Name of village Dhursar Lalpur Dolhinadi Changsama Mandla New Nadhi Decchu

Total Land 1709.56 5685.05 4678.1 8250.47 3022.71 5961.16 893.19

Govt Land 45.61 0 0 0 0 0 0

Pvt Land 1663.95 5685.05 4678.1 8250.47 3022.71 5961.16 893.19

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CCHHAAPPTTEERR 22.. Objectives Policy Framework and Entitlements

2.1 Objectives

8. This Resettlement Framework (RF) has been prepared following the requirements of ADB’s Safeguards Policy Statement (SPS) and corresponding Operations Manual F1. It aims to (i) meet the goal of sustainable development of power transmission network in harmony with people and nature; (ii) avoid, and unavoidable minimize adverse environmental and social impacts; and (iii) mitigate adverse social and economic impacts by providing compensation for loss of assets at replacement cost and ensuring that activities are implemented with appropriate disclosure of information, consultation and informed participation of those affected. The RF provides guidance on screening of impacts, assessment, institutional arrangements, and processes to be followed for the finalization of the transmission line alignment and tower locations, and preparation of the resettlement plan if there are involuntary resettlement impacts associated with the construction of the transmission line.

2.2 Policy Framework and Entitlements

9. The policy framework and entitlements for the Project are based on national laws, namely the Land Acquisition Act, 1894 (LAA, amended in 1984) the National Resettlement and Rehabilitation Policy, 2007 (NRRP); and ADB’s SPS, 2009 –Safeguards Requirements (SR2) on Involuntary Resettlement. The salient features of government and ADB polices are summarized in Appendix 3.

2.3 Analysis of Gaps Between National Laws and ADB SPS SR2

10. The Land Acquisition Act (LAA) of 1894 (as amended in 1984) gives directives for the acquisition of land in the public interest and provides benefits only to titleholders. The LAA does not guarantee compensation at replacement cost for the loss of land and assets. The National Rehabilitation and Resettlement Policy (NRRP) 2007, represents a significant milestone in the development of a systematic approach to address resettlement issues in India and closes significantly the gap between Indian national policies and those of ADB. The NPRR addresses this gap by recognizing non-titleholders present in the project-affected area at least 3 years prior to the declaration of the area as an affected area. However, this is still a gap, therefore, in the rarest of rare case that there is land acquisition or there are non-titled identified for this project, this RF mandates that in the case of land acquisition, the date of publication of preliminary notification for acquisition under Section 4.1 of the LAA will be treated as the cut-off date for title holders, and for non-titleholders such as squatters the date of the project census survey.

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2.4 Involuntary Resettlement Safeguard Principles for the Project

11. Following the national laws and regulation on land acquisition and incorporating ADB SPS (2009) as well as NRRP (2007), DSPPL adopts the following principles for this Project:

i. Land acquisition, and other involuntary resettlement impacts would be avoided. Any disruption of socially sensitive areas with regard to human habitation and areas of cultural significance will be avoided.

ii. Land and assets falling along the transmission line route alignment shall be allowed to be used keeping the safety requirements in view.

iii. If unavoidable, involuntary resettlement impacts will be minimized to the extent possible. iv. In the event that land is acquired or used for this Project, or if the landholding of the

private landowner is reduced and will result to permanent or temporary involuntary resettlement impacts, DSPPL will prepare a resettlement plan in consultation with affected people. This resettlement plan will be submitted to ADB for review prior to any civil works being done along the transmission line right of way.

v. DSPPL shall ensure that wherever losses are suffered, assistance will be provided to the affected persons to improve or at least regain their living standards as per the provisions. DSPPL will improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards.

vi. Meaningful consultations will be held among local population regarding the proposed route of the transmission lines. Affected people will be undertaken and all affected persons will be informed of their entitlements and resettlement options.

vii. Compensation for permanently or temporarily affected assets will be based on replacement rates;

viii. All compensation will be made in full prior to any project impacts; ix. Resettlement assistance will be provided to all affected persons including non-titled

persons (e.g. tenants, sharecroppers, informal agricultural users ); x. Income restoration and rehabilitation will be designed and described in the resettlement

plan; xi. Establish a grievance redress mechanism to receive and facilitate resolution of the

concerns of affected persons. xii. Publicly disclose the draft resettlement plan, including documentation of the consultation

process in a timely manner, 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.

xiii. Monitor and assess resettlement outcomes, their impacts on the standard of living of affected 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.

12. Regarding the eligibility of compensation, affected people will be provided with compensation and rehabilitation if their land is reduced, their income or livelihoods adversely affected, their houses partially or fully demolished, and other properties such as crops, trees and other facilities or access to these properties will be reduced or damaged due to the Project. Lack of legal documents of their customary rights of occupancy/titles shall not affect their eligibility for compensation. In the unlikely event of land acquisition, compensation will be paid at replacement rates. This may be a combination of the assessed value of the land by the competent

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authority, plus additional assistance from DSPPL to match replacement costs. This additional assistance will include the (i) difference between the replacement value and the assessed value, if any, for lost assets (land and any ground attachment), (ii) transaction costs such as stamps/registration costs (in case of purchase of replacement land); and (iii) other cash grants and applicable resettlement assistance such as shifting allowance, compensation for loss of workdays/income due to dislocation. Female-headed households and other vulnerable households (such as ST/SC, disabled, elderly) will be eligible for further cash assistance for relocation and/or house reconstruction.

2.5 Entitlement Matrix

13. Per ADB SPS 2009, Affected Persons (AP) entitled for compensation or rehabilitation/livelihood restoration include

(i) All APs losing land either covered by legal title/traditional land rights, or without legal status; (ii) Registered and un-registered tenants and sharecroppers; (iii) Owners of buildings, crops, plants, or other objects attached to the land; and (iv) APs losing business, income, and salaries.

14. Compensation eligibility is limited by a cut-off date to be set for the project. The cut-off date for eligibility will be the date of the publication of the transmission scheme in the Official Gazette in the State of Rajasthan as per Section 164 of the Electricity Act. APs will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. The entitlement matrix is given below.

Table 2: Entitlement Matrix

Sr. No

Type of Loss Application Definition of Entitled Person

Entitlement Details

1 Loss of Government Land

Vacant plot Department Land Transfer

Transfer of land through inter Government department

Annual rent Payment to the concerned Govt department

2 Loss of Private Land

Agriculture land Homestead land Commercial land

Titled Owners

APs with traditional rights

Compensation based on replacement value

Resettlement assistance

In the case of compulsory acquisition of land, compensation will be based on the Land Acquisition Act

In case of land used for the establishment of transmission line towers and to be possessed by DSPPL with mutual and voluntary consent of the affected people, compensation will be paid on estimated market price as decided by the revenue department (District Collector)/ competent authority. If there is a difference between the replacement value and the price decided by the District Collector, DSPPL will pay as resettlement assistance.

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Sr. No

Type of Loss Application Definition of Entitled Person

Entitlement Details

Any fees, taxes, and other related charges will be borne by DSPPL.

3 Loss of Structure Residential and Commercial structure

Titleholder APs having

structure with customary land right

Non title holders

Compensation at replacement cost

Shifting Assistance

Additional assistance for vulnerable APs

Replacement value of the structure and other assets

Fees, taxes, and other related charges related to replacement structure will be borne by DSPPL

4 Loss of Trees and Crops

Standing Trees and Crops

Farming households/ Legal titleholder/ tenant/ leaseholder/ sharecropper/ non-titled AP

Compensation at market value

Notice to harvest standing crops

Compensation for trees based on timber value at market price, and compensation for fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and Horticulture Department for other trees

5 Temporary loss of land

Land temporarily required for sub-project construction

Legal titleholders, non-titled APs

Compensation at market value

Restoration of the land to its original use

Provision of rent for period of occupation for legal titleholders

Compensation for assets lost at replacement value

Restoration of Land to previous or better quality

In case, there is a need for repair or maintenance of the transmission lines in the future, the project authorities would seek prior permission from the land owners for access to the land for maintenance and repairs, when necessary.

6 Impact on Vulnerable Groups

Land temporarily required for sub-project construction and temporary impact on trees/crops

Affected households or individuals irrespective of their legal status

Additional assistance in addition to the compensation

Vulnerable households will be provided an additional allowance

No Vulnerable group will be impacted as per current plan

7 Any other loss not identified

- Unanticipated involuntary impacts will be documented and mitigated based on the principles of the Resettlement Plan.

8 Loss due to delay in payment for compensation or disbursement of compensation after the scheduled period

- Affected Households or Individuals

Additional assistance Additional assistance will be paid by the project authority within 15-30 days after completion of construction works in the affected area.

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CCHHAAPPTTEERR 33.. Procedures for Resettlement Planning 15. DSPPL will undertake the following activities upon finalization of the transmission line alignment and after identifying the general location of the transmission line towers:

(i) Screen the transmission line ROW and each tower location to determine if there are private landowners whose land will be permanently occupied by the tower and/or landholding will be affected by the ROW and determine if their income or livelihoods adversely affected, their houses or any ground based asset partially or fully demolished, and other properties such as crops, trees and other facilities or access to these properties will be reduced or damaged due to the Project;

(ii) If there are people who will experience involuntary resettlement impacts1 as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use, DSPPL will prepare a resettlement plan2 based on a census3 of affected persons, undertake a full inventory of affected assets and undertake a social impact assessment. The date of the census will be the cut-off date for entitlements in case there is no land acquisition;

(iii) During resettlement planning DSPPL will conduct meaningful consultations with affected people on compensation/resettlement options, including if required, relocation sites and socioeconomic rehabilitation;

(iv) Key elements of the resettlement plan will be disclosed to affected people at key points in their own language(s);

(V) The resettlement plan will be submitted to ADB for review prior to any impacts. ADB will review and approve the resettlement plan and disclose on its website.

1 Involuntary resettlement means physical displacement (relocation, loss of residential land, or loss of shelter) and/or 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. 2 See http://www.adb.org/Documents/Policies/Safeguards/Safeguard-Policy-Statement-June2009.pdf for the outline of a resettlement plan in Appendix 2, Annex. 3 The purpose of the census is to: (i) register who the potentially affected persons are; (ii) assess their income and livelihoods; and (iii) inventory of their assets affected due to the project; (iv) gender-disaggregated information pertaining to the economic and socio-cultural conditions of displaced persons. The census will cover 100% of affected persons.

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CCHHAAPPTTEERR 44.. Consultation, Participation, Disclosure and Grievance Redressal

16. DSSPL’s Community Relations Team will ensure that meaningful consultations are undertaken with the affected persons during preparation and implementation of the resettlement plan. The consultation process will employ a range of formal and informal consultative methods such as in-depth interviews, public meetings, focus group discussions etc. examples of key informants to be consulted, during the preparation and implementation, include the following stakeholders:

• Heads and members of households likely to be affected • Affected households belonging to the vulnerable groups • Host communities • Women in the affected as well as host communities • Local voluntary organizations and NGOs, if present, • Relevant Government agencies and departments,

17. Women’s participation will be ensured by involving them in public consultation at various level and stages of project preparation and by arrangements, which would enhance their ability to attend such meetings. DSPPL will ensure that views of the affected persons, particularly those vulnerable, related to the resettlement process are looked into and addressed. 18. The resettlement plan will be disclosed to the affected community detailing information including measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and impacts including the project schedule. This will be done through public consultation and made available as brochures, leaflets, or booklets, using local languages. 19. A summary of the resettlement plan will be translated into local language and made available to the affected persons. Hard copies of the resettlement plan will also be made available at the project site as soon as the plans are available and certainly before any impact is experienced by APs. For non-literate people, other communication methods will be used. A report of disclosure, giving detail of date and location, will be shared with ADB. 20. Environmental and social key performance indicators will be developed in accordance to ADB guidelines and will be monitored at regular interval to identify changes in conditions, new issues, mitigation, successes and opportunities for improvement in consultation and disclosure. The monitoring results will be reported periodically, and will be disclosed to affected persons in a form and language they can understand. The full versions of the reports will be submitted to ADB and disclosed on ADB website.

21. Further, DSPPL shall also take up robust CSR program, in consultation with local administration, geared towards community welfare and support activities for socio-economic development of the nearby areas, to build a good rapport with the local communities by engaging the local community along with the administrative machinery to develop an ongoing process of development of the villages surrounding the plant involving the kind of joint initiatives.

22. A Grievance Redress Committee (GRC) will be formed to ensure Affected Persons (APs) grievances are adequately addressed to facilitate timely and smooth project execution. The GRC will consist of Local Representatives (Including Panchayat Head), DSPPL Field Officials and designated official in DSPPL dealing with safeguards. The GRC will meet as and when major grievances arise.

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23. The main responsibilities of the GRC will be:

To provide support to APs on problems arising from land/ property acquisition, if any Record APs grievances and take appropriate action on them within 4 weeks

24. The grievance redress procedure will be followed as below:

Minor grievances will be redressed at the site level through the DSPPL field officials and contractor within 15 working days

If there is no satisfactory result in first step, it will be referred to the GRC which will take all necessary steps within 30 working days

It the grievances still remain unresolved up to satisfaction of APs, he/ she will have the option to approach the appropriate court of law for redress.

25. The proposed grievance redress procedure is shown below.

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CChhaapptteerr 55.. Compensation, Income Restoration and Relocation

26. 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, the DSPPL will consult with the affected persons 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, and other related information. If required, DSPPL will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account.

27. In the case of compulsory acquisition of land, compensation will be based on the Land Acquisition Act and ADB’s SPS – SR2 on Involuntary Resettlement. For land that will be used or possessed by DSPPL for the purpose of constructing the transmission line, DSPPL will do so with mutual and voluntary consent of the affected people. In both situations, i.e. compulsory acquisition and use/possession, compensation will be paid on estimated market price as decided by the revenue department (District Collector)/competent authority. If there is a difference between the replacement value and the price decided by the District Collector, DSPPL will pay as resettlement assistance. Any fees, taxes, and other related charges will be borne by DSPPL.

28. Although all efforts will be made to avoid aligning the route over any permanent residential or other structure yet if in the rarest of rare case it is not possible to do so, such structure falling below the line should be acquired and demolished. Suitable compensation should be paid and grants should be released in such cases. Compensation will be based on the replacement value of the structure and other assets. Fees, taxes, and other related charges will be borne by DSPPL. The affected persons will be allowed to take any salvageable materials, the value of which will not be deducted from the compensation.

29. Agricultural activities that may get disturbed or deferred during construction or maintenance shall be restored to the owners' satisfaction following completion of construction or maintenance activities or paid compensation in lieu of restoration.

30. In the case of economically displaced persons, regardless of whether or not they are physically displaced, DSPPL will promptly compensate for the loss of income or livelihood sources at full replacement cost. DSPPL will also provide assistance such as livelihood skills training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living. DSPPL shall provide employment opportunities for marginalized groups in its construction activities. For persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land, DSPPL will compensate them for lost assets such as crops, irrigation infrastructure, and other improvements made to the land (but not for the land) at full replacement cost. In case trees on private lands are felled or damaged during

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construction or maintenance operations, compensation shall be paid to the owner as determined by the forest/horticulture departments.

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CChhaapptteerr 66.. Institutional Arrangements and Implementation

31. For efficient planning and successful implementation of the RP, DSPPL will ensure that it has sufficient number of qualified people to be responsible for overall coordination, planning and implementation of the RP. DSPPL shall establish an Environment Management Cell (EMC) headed by a Project Director of Chief Engineer rank to be responsible for day-to-day implementation of the Project. DSPPL shall be responsible for undertaking the transmission project in accordance with this Resettlement Framework and as per ADB's Safeguard Policy Statement 2009. The EMC will include a safeguard specialist and supporting social staff, together forming the Environmental and Social Unit, to be appointed by DSPPL to look at right of way, environmental, CSR, labor social and safety issues. The EMC will be empowered to implement safeguards planning and monitor implementation. The safeguards specialist will experience on environment, land/ROW acquisition, and community engagement will give guidance to the Project Manager and his staff to adopt the environment and involuntary resettlement requirements of the SPS in implementing the project. The safeguard specialist will be responsible for implementing social safeguard issues associated with the project through a site team composed of DSPPL site staff and contractor’s staff, to be assigned by the EMC as necessary. The EMC-ESU will liaise with the State Government of Rajasthan including the Office of the District Collector for any issues related to land use and compensation, among others.

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CChhaapptteerr 77.. Budget and Financing

32. Procedure for damage tree compensation is in place with standard format. For damage of trees, horticulture department circular will be use for calculation and based on assessment of Tehsildar the amount will be paid. Additionally, the budget includes costs relating to the hiring of the staff, coordination, site visits by the expert and other logistic support for the disbursement of compensation to the APs. DSPPL will ensure that the budget outlined in the assessment should be kept ready in advance for the timely payment of compensation. A contingency of 10% additional costs has been kept as a provision to meet any variation in the cost during implementation. A tentative budget has been calculated for the project and details for the same are given in Table 3.

Table 3: Resettlement Budget4

Item Unit Rate Rs Amount (Rs) A. Compensation for loss of trees Lump sum 22,50,000 B. Resettlement Support Cost Lump sum 7,50,000

Total (A+B) 30,00,000 Contingency (10% of the Compensation) 3,00,000 Grand Total (INR) 33,00,000

4 Although, the land acquired for the transmission line is barren land, does not involve any crop cultivation or any forest land, DSPPL has set aside a fund of INR 30,00,000 for resettlement budget with additional 10% compensation budget to meet any variation in cost during project implementation.

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CCHHAAPPTTEERR 88.. Monitoring and Reporting

33. DSPPL will outline the frequency and coverage of monitoring and evaluation activities in the resettlement plan. It may include: (i) administrative monitoring such as payment of compensation and assistance, feedback and trouble shooting, individual AP database maintenance, and progress reports; (ii) socio-economic monitoring: baseline information of AP socio-economic conditions, consultative processes and general socio-economic activities; and (iii) impact evaluation monitoring and reporting: income standards restored/improved, and socioeconomic conditions of the affected persons.

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Appendix 1

Maps and Figures

Figure 1. Vicinity map of the Project

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Figure 2. Land use Pattern in the vicinity of the Project

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Figure 3. Schematic Drawing showing the Transmission Line Route

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Environmental and Social Impact Assessment Report for Solar PV Project (40 MW) at Dhursar, Rajasthan

Appendix 2

Land Details of Proposed Transmission Line Route

Sl. No.

Angle Point Distance between 2 Points (m)

Name of Village

Name of Tehsil

Name of Districts

Type of Land Use of Land

Name of Crops

Type of Trees

No of Permanent Affected

No of affected Tribal HH

1 Dhursar AP-01 45.61 Dhursar Pokhran Jaisalmer Govt Wasteland Barren Nil Nil Nil Nil

2 Ap-01 AP-02 1663.95 Dhursar Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil

3 AP-02 AP-03 1325.84 Lalpur Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil




7 AP-06 AP-07 1973 Dolhinadi Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil

8 AP-07 AP-08 2705.1 Dolhinadi Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil

9 AP-08 AP-09 1614.31 Changsama Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil




13 AP-12 Ap-13 3014.54 Changsama Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil

14 AP-13 AP-14 3022.71 Mandla Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil

15 AP-14 AP-15 2970.29 New Nadhi Pokhran Jaisalmer Private Land Barren Nil Nil Nil Nil






21 AP-20 AP-21 257.42 Decchu Decchu Jodhpur Private Land Barren Nil Nil Nil Nil



24 AP-23 GAN 50.54 Decchu Decchu Jodhpur Private Land Barren Nil Nil Nil Nil

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Appendix 3

Relevant Laws and Policies

A. The Land Acquisition Act The Land Acquisition Act (LA Act) of 1894, last amended in 1984, provides for the acquisition of land for public purposes and companies in national interest and for determining the amount of compensation to be made on account of such acquisition. The Land Acquisition Act of 1894 is summarized below:

Land identified for the purpose of a project is placed under Section 4 of the LAA. This constitutes notification. Objections must be made within 50 days to the Collector (highest administrative officer) of the concerned District. The LAA requires 30 days for objections;

The land is then placed under Section 6 of the LAA. This is a declaration that the Government intends to acquire the land. The Collector is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the Collector should make an award within two years of the date of publication of the declarations. Otherwise, the acquisition proceedings should lapse;

In case of disagreement on the price awarded, within six weeks of the award the parties (under Section 18) can request the Collector to refer the matter to the Courts to make a final ruling on the amount of compensation;

Once the land has been placed under Section 4, no further sales or transfers are allowed. However, since the time lag between Sections 4 and the others following it is about three years, land transfers are not uncommon;

Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project authorities to the State government, which in turn compensates landowners. In the case of acquisition for coal projects, the coal companies make direct payments to landowners;

The price to be paid for the acquisition of agricultural land is based on sale prices recorded in the District registrar's office averaged over the three years preceding notification under Section 4. The compensation is paid after the area is acquired, actual payment by the State taking about two or three years. An additional 30 percent is added to the award as well as an escalation of 12 percent per year from the date of notification to the final placement under Section 9. For delayed payments, after placement under Section 9, an additional 9 percent per annum is paid for the first year and 15 percent for subsequent years. The Land for the project should be allotted by Government of Rajasthan under the Rajasthan Land Revenue (Allotment of Land for setting up of Power Pant based on Renewable Energy Sources) Rules, 2007and Rajasthan Solar Policy 2011. The application for 140 Hectares of land is under process and would be allotted at 10% of DLC rate for a period of 30 Years.

B. The ELECTRICITY ACT, 2003

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Section 68 (1) - sanction of the Ministry of Power (MOP) is a mandatory requirement for taking up any new transmission project. Section 164 –under this section DSPPL has all powers that the telegraph authority possesses and can erect and construct towers without actually acquiring the land.

C. THE SCHEDULED TRIBES & OTHER TRADITIONAL FOREST DWELLERS

(RECOGNITION OF FOREST RIGHTS) ACT, 2006 The Act recognizes and vests forest rights and occupation in forestland by forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers who have been residing in such forests for generations but whose rights could not be recorded, and provides for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forestland. DSPPL is committed to abide by the provisions of the Act, if any portion of its transmission line passes through such forestland to which the Act applies.

D. National Resettlement and Rehabilitation Policy (NRRP), 2007 The Government of India issued the National Rehabilitation and Resettlement Policy in October 2007. Section 7.19 of the NRRP mentions that in case of linear acquisition, such as in projects relating to railway lines, highways, transmission lines, laying of pipelines and other such projects in which only a narrow stretch of land is acquired for the purpose of the project or is utilised for right of way, each khatedar in the affected family shall be offered by the requiring body an ex-gratia payment of such amount as the appropriate Government may decide, but not less than Rs 20,000 in addition to the compensation or any other benefits due under the Act or program or scheme under which the land, house or other property is acquired. If as a result of such land acquisition, the land-holder becomes landless or is reduced to the status of a "small" or "marginal" farmer, other rehabilitation and resettlement benefits available under this policy shall also be extended to such affected family.