land acquisition & resettlement plan – internal monitoring ... · lot-ii pkrs: 535,399,001/-...

Land Acquisition & Resettlement Plan – Internal

Monitoring Report

__________________________________________

May 2018

PAK: Second Power Transmission Enhancement

Investment Program, Tranche 1

Internal Monitoring Report on Implementation of Correct Action Plan (CAP) for Subproject ADB-

106: Guddu - Muzaffargarh 500 kV Transmission Lines Project (250 Km).

Prepared by National Transmission and Despatch Company (NTDC) for the Asian Development

Bank (ADB).

NOTES

(i) The fiscal year (FY) of the Government of the Islamic Republic of Pakistan and

its agencies ends on 30 June.

(ii) In this report “$” refer to US dollars.

This internal monitoring report on implementation of corrective action plan is a document of the

borrower. The views expressed herein do not necessarily represent those of ADB’s Board of

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

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.

NATIONAL TRANSMISSION AND DESPATCH

COMPANY (NTDC), PAKISTAN

PAK- Power Transmission and Enhancement Investment program 2, Tranche 1 Loan 3419

Internal Monitoring Report for CAP Implementation (Lot I)

May 2018

For

Subproject: Lot I of Guddu - Muzaffargarh 500 kV Transmission Lines Project (250 Km)

Prepared By:

Muzaffar Iqbal (Project Monitoring Consultant)

ENVIORNMENT & SOCIAL IMPACT CELL OF NTDC,

GOVERNMENT OF PAKISTAN, WAPDA HOUSE, LAHJORE.

IMR for CAP of Lot 1 of Guddu-Muzaffargarh T/L project

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Reference Data

Acronyms

ADB Asian Development Bank

AFs Affected Families

AHs Affected households

APC Affected Peoples Committee

APs Affected Persons

FMC Facility Management Consultant

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

Km kilometer

LAA Land Acquisition Act, 1894 (amended)

LAC Land Acquisition Collector

LARP Land Acquisition and Resettlement Plan

MFF Multitranche financing facility for

MW Megawatt

NTDC National Transmission and Dispatch Company limited

PD Project Director

PIU Project Implementation Unit

PMU Project Management Unit

ROW Right-of-way

PKR Pakistani Rupees


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Land Acquisition and Resettlement Terminologies

Affected Persons In the context of involuntary resettlement, displaced persons are those

who are physically displaced (relocation, loss of residential land, or

loss of shelter) and/or economically displaced (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.

Compensation Payment in cash or in kind for an asset or a resource that is acquired or

affected by a project at the time the asset needs to be replaced

Cut-off Date Date of completion of the census and assets inventory of persons

affected by the project. Persons occupying the project area after the

cut‐off‐date are not eligible for compensation and/or resettlement

assistance. Similarly, fixed assets (such as built structures, crops, fruit

trees, and woodlots) established after the date of completion of the

assets inventory, or an alternative mutually agreed on date, will not be

compensated.

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.

Involuntary Resettlement Resettlement is involuntary when it occurs without the informed

consent of the displaced persons or if they give their consent without

having the power to refuse resettlement.

Physical Displacement Relocation, loss of residential land, or loss of shelter 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

Stakeholder Any and all individuals, groups, organizations, and institutions

interested in and potentially affected by a project or having the ability

to influence a project.


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Table of Contents

A. Background …………………………………………………………………………5

B. Project Description …………………………………………………………………5

C. Status of Contract Award and Route Survey…………..……………………….…..7

D. Status of updating of LARP Covering the Surveyed Section of T/L ………..…….7

E. Introduction to Corrective Action Plan………………………………………….…7

F. Safeguards Noncompliance and Need for CAP………………………………...…7

G. Objectives of Internal Monitoring of the CAP implementation…………………...9

H. Assessment of Damages and Cost of Compensation ………………………….….9

I. Cost of Damages ………………………………………………………………….10

J. Payments of Compensation to APs of 17 Towers …………………………….…10

K. Validation by External Monitoring Consultant …………………………….……10

L. Capacity Constraints and Strenghening …………………………………………10

Tables

Table 1: Details of Damaged Crops and Trees……………………………………………9

Table 2: Safeguards Corrective Actions and Agreed Timeline…………………….……10

Annexes

Annex 1: List of APs…………………………………………………………………..…12

Annex 2: Cost of Damages………………………………………………………….……13

Annex 3: Evidence of Payments………………………………………………………....17

Pictorial …………………………………………………………………………..…..…22


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A. Background

1. To expand and reinforce Pakistan’s power transmission system Asian Development Bank

(ADB) is supporting National Transmission and Dispatch Company Limited (NTDC) to

implement Second Power Transmission Enhancement Investment Program (MFF II). To achieve

this objective, the investment program consists of staged physical investments in the high-

voltage transmission system, including rehabilitating, augmenting and expanding transmission

lines, substations, and supporting infrastructure. The capacity development component will

further improve financial management, regulatory relations, planning, project management, and

procurement capacities of both the transmission system owner and operator, NTDC and the

sector’s newly established commercial operator, the Central Power Purchasing Agency

(Guarantee) Limited.

2. Tranche 1 subprojects include constructing new transmission lines, extending and

augmenting existing substations, and installing shunt reactor and replacing protection equipment

at 11 grid stations.

B. Project Description

3. This internal monitoring report has been prepared to review the LARP implementation

and to assess the achievements as targeted in the LARP for 500 KV Guddu Muzaffargarh

Transmission Line. The document fulfills the requirements of the Asian Development Bank’s IR

Policy as well as the laws of Government of Islamic Republic of Pakistan.

4. The route alignment of T/L of this sub-project passes through 49 villages of 5 Tehsils,

fall in the jurisdiction of 4 District named as Kashmore (Sindh), Rajanpur, D.G. Khan and

Muzaffargarh of the Punjab province. Total length of the transmission line is 258 Km.

Subproject will require installation of 717 towers. The subproject is further divided in four lots,

presently lot 1 and lot 4 has been awarded.

C. Status of Contract Award and Route Survey.

Brief Summary of Contract Award;

Lot-1 (ADB-106)

Contractor M/s NEIE-Al-Hussain Traders (J.V)

Contract No. ADB-106 (Lot-1)

Project Title 500 kV SIC Guddu-Muzaffargarh Transmission Line from

Location No.1 to 199 (75km approx)

Length of Line 74.01km

No. of Tower 204 Nos.


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Financing ADB Loan

Notification of Award 26-12-2016

Signing of Contract Agreement 20-01-2017

Commencement Date 22-12-2018

Completion Date 21-12-2018

Completion period 365 Days

Contract Cost PKR 700,508,897/-

Consultants M/s National Engineering Services Pakistan Ltd.

Lot-1 (ADB-108-2017)

Contractor M/s National Power Construction Corporation (NPCC).

Contract No. ADB-108-2017 (Lot-1 &11)

Project Title Lot-1 500 kV T/L Guddu M.Garh from location no 597

(24km approx)

Lot-II (I) 500 kv S/C T/L Guddu-M.Garh from location no.

664 to 725 (Loose Point) 22km

Lot-II (II) 500 KV d/c T/L In/Out of 500kv D.G Khan-

Multan T/L (10-KM) and Interfacing of proposed and

existing 500kv circuits at Muzaffargarh End.

Length of Line SIC (50 km Approx.) and DIC (10 - 10 km)

No. of Tower 169 Nos.

Financing ADB Loan

Notification of Award 27-11-2017

Signing of Contract Agreement 14-12-2017

Commencement Date 29-12-2018

Completion Date 24-10-2018

Completion period 300 Days


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Contract Cost Lot-1 PKRs: 931,912,504/-

Lot-II PKRs: 535,399,001/-

Consultants M/s National Engineering Services Pakistan Ltd.

5. The line route survey of the entire Lot-I & II has been completed and during the

comparison of original line route and final surveyed route there is no change in the route

alignment.

Comparison of Original Map and Final Rout Survey of Transmission Line

Original Map


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After Final Route Survey

D. Status of updating of LARP Covering the Surveyed Section of T/L

6. During the comparison of original line route and final route surveyed by the contractor

there is no change in the Transmission Line route alignment, hence there is no need to update the

LARP. If there is any minor change envisage during construction activities an addendum will

issued.

E. Introduction to the Corrective Action Plan

7. The Guddu - Muzaffargarh 500 kV T/L is a subproject of Tranche 1 (Loan 3419) of ADB

funded Multi-tranche Financing Facility for Power Transmission Enhancement Investment

Program (PTEIP 2). This Corrective Action Plan (CAP) was prepared and endorsed by NTDC

for implementation to correct the safeguards noncompliance that occurred in a small section of

Lot-1 of Guddu-Muzaffargarh 500kV Transmission Line Project (ADB-106). The

noncompliance pertains to the construction of foundation and concreting work on 17 of total 177

towers (under Lot 1) undertaken by the contractor before making payment of compensation for

damaged crops and trees to 32 APs. The objective of the CAP was to bring implementation back

in compliance with the agreed safeguard requirements of SPS, LARF and subproject RP, and to

ensure that agreed safeguard requirements are fully implemented.

F. Safeguards Noncompliance and need for Implementation of a Corrective Action

Plan:

8. The length of Guddu-Muzaffargarh T/L is 258 km and a total of 717 towers to be

constructed. The project is divided into four Lots/contract packages. The RP of the subproject

required updating and approval of ADB in accordance with T/L route alignment finalized by


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turn-key contractor and making payment of compensation to APs before start of construction

work. However, in Lot I section, the contractor started the construction work prior to informing

NTDC about TL route finalized for 17 of total 177 Lot 1 towers. While presenting progress to

ADB’s Review Mission of February 2018, the Mission was informed about the completion of

excavation and concreting work on 17 towers, which the Mission noted as noncompliance with

agreed land acquisition and resettlement requirements of loan. The ADB mission advised that the

noncompliance with agreed LAR requirements need to be corrected urgently. In response, NTDC

agreed to prepare and implement a Corrective Action Plan (CAP) to bring the subproject back on

safeguard compliance.

G. Objectives of Internal Monitoring of the CAP implementation

9. Monitoring and Evaluation are critical activities in involuntary resettlement process

which help in assessment of implementation progress of LARP activities, rescheduling or re-

adjustment of key actions to ensure timely implementation, early identification of APs concerns

and LAR issues due to execution of project actions and adoption of corrective and remedial

measures to resolve the problems if any. It is a crucial tool to measure implementation progress

of LAR initiatives, project performance and fulfillment of project objectives. The indicators for

internal monitoring (IM) as covered in the LARP relate to process outputs and results. To fulfill

LARP monitoring requirements the LARP implementation will be monitored internally at

regular bases and internal monitoring reports will be compiled frequently.

H. Assessment of Damages and Cost of Compensation

10. Accordingly, NTDC prepared this CAP for the section affected by the construction of 17

towers. In total, 8.78 acres of farm land with crops grown has been damaged while 34 wood trees

cut down (more details in table 1 below) due to the construction work. In total, there are 32 farm

land owners (Annex 1) whose crops and trees have been affected. There 32 APs whose crops

have been affected.

Table 1: Details of Damaged Crops and Trees

Type of

Impact

Damaged Crops (acres)

Damaged Shrubs and

Trees (Nos.)

Wheat

Maize

Mustard

Cotton

Onion

Pelo

(Shrub)

Dalbergiasissoo

Farm

land 3.16 0.19 2.8 0.77 0.15 26 8

Access

Road

0.75 0.07 0.89 - - -

Total 3.91 0.26 3.69 0.77 0.15 26 8


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I. Cost of Damages:

11. The cost of damages for a total of 8.78 acres of cropped area and 34 trees and shrubs has

been assessed by NTDC as Rs. 637,250/ (Rs. 0.64million) through the concerned officials of

agriculture and forest departments based on the net market value of crops for the year 2018 and

market value of trees for 2018 (Annex 2).

J. Payment of Compensation to APs of 17 Towers:

12. As first activity of this corrective action plan, payments of compensation to 32 APs of 17

towers have been made to all APs by NTDC’s office of CE EHV 2. The total amount

PRs: 1084500/- paid to total 56 APs including reported 17 towers and 32 APs has been

paid through cross cheques (Annex 3). The No. of Aps reported in the CAP were

identified as 32. These 32 Aps were identified against the only tower spots and approach

roads were not considered at that time. Including the No. of Aps of approach roads the

total No of AP was increased along with increase in total amount paid to Aps. The

rational of this Internal Monitoring Report is to cover the noncompliant section.

K. Market rate and actual compensation:

L. 13 When the PMC asked and inquired the crop production and market rates of the

growing crops, the Aps told that at the time of damages the wheat crop was damaged, one

AP told that his 4 kanals Wheat crop was damaged and he was paid only PRs: 48000/-

against the damages, which is very less amount as compare to damaged occurred during

construction activities. The maximum production of wheat crop in the area was reported

by the AP was 2000Kg/Acre (08 kanal) and Rates provided by the Government is

1300/40Kg. in this scenario we can calculate the difference in actual damages and

compensation payments. As per this formula the total compensation payments for 01 acre

(08 kanals) of Wheat crop is 65000/- and 4 kanals damages are to be calculated 32500/-

while NTDC has paid to AP total amount 48000/- of 04 kanals Wheat crop damages.

The detail of input cost for 01 kanal of wheat crop;

Sr. No Description Unit (1 kanal) Input cost Amount

1 Ploughing (04 time) 4 100 400

2 Fertilizer (D.A.P) 1 350 350

3 Urea 1 200 200

4 Watering (05 time) 5 200 1000

5 labour 5 100 500

Total input cost for 01 kanal of Wheat crop 2450-

14. Total input cost of 01 kanal wheat crop is calculated 2450 and for 04 kanal is 9800. This

input cost was not deducted by NTDC during assessment of compensation payment and

along with that all salvages will remain the ownership of AP. When this calculation was

shared with AP, he showed satisfaction on the given amount.

M. Validation by External Monitoring Consultant:


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N. This internal monitoring report will be further reviewed, verified and validated by the

external monitoring consultant of MFF 1, and the same will be provided to ADB for approval.

The monitoring reports will be disclosed after approval by ADB.

O. Capacity Constraints and Strengthening: The office of concerned Project Director

(EHV-2) Multan is constrained due to shortage of Revenue officials. As a result, the process of

assessment of cost of damages was delayed. Presently, there is only one Assistant Land

Acquisition Office/Collector (ALAO) to make the assessment of damages for entire zone. This is

the main reason of delay in the assessment and compensation payments. Nevertheless, in view of

the need and importance to correct the noncompliance, the Chief Engineer (South) (EHV 2) has

committed to pay the compensation payments to all DPs of 17 towers on or before 30 May 2018.

The capacity constraint is being addressed by NTDC through the Facility Management

Consultant which will provide additional Revenue Officer who will assist PIU and Social Cell of

NTDC in streamlining and making available the record of ownership of APs and facilitating

payments to them through PIU and contractor’s staff designated for the purpose of compensation

disbursement to APs.

Table 2: Safeguards Corrective Actions and Agreed Timeline

Seria

l No.

Corrective Actions Agreed Responsibility Agreed Dates

Original Revised to be

achieved

1 Assessment of cost of damaged crops and

trees.

CE EHV 2, PD,

LAO

30 April

2018

Done

2 Approval of cost of damages. CE EHV 2 30 April

2018

10 May 2018

3 Disbursement of compensation to APs. PD, LAO,

Contractor,

ESIC

15 May,

2018

30 May 2018

4. Internal monitoring report (IMR) of Guddu-

Muzaffargarh T/L.

NTDC/ESIC 31 May,

2018

06 June 2018

5 IMR provided to ADB ESIC Nil 06 June 2018

5 Third-party validation report. EMC of MFF 1 30 June,

2018

11 June 2018

6 Validation report provided to ADB ESIC, EMC 30 June

2018

11 June 2018


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Annex 1

1. The List APs Affected by 17 Towers

Serial

No.

Claimant Name Father Name CNIC

1 Sawal Shah Sultan Shah 32404-6702863-9

2 Abdul Khaliq Ameer Hussain Shah 32404-1380587-9

3 Naveed Hussain Shah Hussain Shah 32404-4976216-1

4 Nozo Sabzal

5 Barsha Taroo

6 Tagya Balund

7 Saeed Khan Lal khan 32404-1386383-3

8 M. Ibrahim Lal khan 32404-1386385-3

9 Abdul hakeem shah baig khan

10 Bakhar Lal khan 32404-1386361-5

11 Sabahat khan Mila khan

12 Haji Lal Haji Ali Gul 32404-2563747-7


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13 Gul shar subhani Khair M. subhani 32404-1383577-7

14 M. Ibrahim Haji Abubakar

15 M. Hussain Ghulam Rasool

16 M. Ismail Ghulam Rasool

17 Sulahdin Bacha

18 Rohel Khan Phelo Khan

19 Allah Dita Paindu Khan

20 Din Muhammad Rustam Khan

21 Chamak Rusmat khan

22 Wali Muhammad Junky

23 Mavali Samoor Khan 32404-5828535-1

24 Duni Bakhsh Todh 32404-7068967-9

25 Mujhad Hussain Allah Rakha

26 Sardar Mehran Laiquat Khan

27 Shah murad khan Mehran khan

28 Hakeem ali Mazari

29 Murad Ali Darabora 32404-2522270-3

30 Akhter khan Athara khan

31 Murad Ali Doda

32 Safzal Khan Chanko 43504-0406935-3


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Annex 2

Cost of Damages


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Annex 3


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PICTORIAL


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Consultation Meeting with APs at Tower No. 4

Site visit at Tower No. 15


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land acquisition & resettlement plan – internal monitoring ... · lot-ii pkrs: 535,399,001/-...

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