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Resettlement Planning Document

This resettlement due diligence report has been prepared by the Uttarakhand Emergency Assistance Project (Roads & Bridges), Government of Uttarakhand, Dehardun for the Asian Development Bank and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB. This resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Project Number: 47229-001 March 2016

IND: Uttarakhand Emergency Assistance Project Sub Project : Internal Roads of Nagar Palika Gopeshwar (C-34)

Submitted by

Uttarakhand Emergency Assistance Project (Roads & Bridges), Government of Uttarakhand, Dehardun

DESIGN & SUPERVISION FOR RESTORATION OF ROAD IN DISTRICTS CHAMOLI,

RUDARAPRAYAG, PAURI AND HARIDWAR IN GARHWAL ZONE IN UTTARAKHAND

DSC-2

January –2016

M/s. SMEC INDIA PVT.LTD C/O SH. SANJAY KUMAR PRIYAVANSH NIWAS, NEAR PETROL PUMP, SRIKOT, SRINAGAR GARHWAL 246174 DISTT. PAURI UTTARAKHAND Ph. No. +91-1346-244585

UTTARAKHAND EMERGENCY ASSISTANCE PROJECT

DUE DILIGENCE REPORT (Social)

INTERNAL ROADS OF NAGAR PALIKA GOPESHWAR (C-34)

DDR (Social) C-34 January 2016

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Uttarakhand Emergency Assistance Project

DUE DILIGENCE REPORT (Social) Internal Roads of Nagar Palika Gopeshwar (C-34)

Roads and Bridges DSC-2 Garhwal Region

State Disaster Management Authority Government of Uttarakhand


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Table of Contents

ABBREVIATIONS ............................................................................................................................................... 4

Project Fact Sheet ......................................................................................................................................... 5

Preparation of Report .................................................................................................................................... 6

1. Introduction ......................................................................................................................................... 7

2. Scope of Land Acquisition and Resettlement ................................................................................... 13

3. Indigenous People ............................................................................................................................ 13

4. Gender Issue .................................................................................................................................... 14

5. Public Consultation ........................................................................................................................... 14

6. Findings ............................................................................................................................................ 16

7. Recommendations during Construction ............................................ Error! Bookmark not defined.

8. Conclusions ...................................................................................................................................... 16

List of Tables Table 1: Roads under Subproject C-34 .............................................................................................................. 7

Table 2: Minimization of Impacts ...................................................................................................................... 13

List of Figures Figure 1: Sketch Map of C-34 (Internal Roads of Gepeshwar Nagar Palika) .................................................... 8

Figure 2: Satellite Map of Part 1 (Kund Colony to Petrol Pump) of C-34 ........................................................... 8

Figure 2: Satellite Map of Part 2 (Central Bus Stand to Rudranath / Gopinath Temple) of C-34 ....................... 9

List of Photo Plates

Plate 1: Photographic Documentation of Gopeshwar Internal Nagar Palika Roads (C-34) ............................. 11

Plate 2: Photographic Documentation of C-34 towards Rudranath Temple in Gopeshwar Town ................... 12

Plate 3: Photographic Documentation of Public Consultation with Mobile Vendors on C-34 .......................... 15

List of Annexure

Annexure 1: Circular on Reconstruction Works in Night Shifts ........................................................................ 17

Annexure 2: Circular on Minimization of IR and IP Impacts ............................................................................. 18


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ABBREVIATIONS

ADB Asian Development Bank

AP Affected Persons

ASI Archeological Survey of India

CPCP Central Pollution Control Board

DP Displaced Persons

DSC Design and Supervision Consultants

EA Executing Agency

EMMP Environmental Management and Monitoring Plan

FGD Focus group discussions

GMVN Garhwal Mandal Vikas Nigam

GOI Government of India

GRC Grievance Redressal Committee

IEE Initial Environmental Examination

IP Indigenous Peoples

IR Involuntary Resettlement

LA Land Acquisition

MOEF Ministry of Environment and Forests

MORD Ministry of Rural Development

MORT&H Ministry of Road Transport and Highways

NGO Non-Government Organizations

NOC No Objection Certificate

PIU Project Implementation Unit

PWD (R&B) Public Works Department Roads and Bridges

R&R Resettlement & Rehabilitation

RoW Right of Way

RP Resettlement Plan

SC Schedule Caste

SDRO Social Development and Resettlement Officer

SH State Highway

ST Schedule Tribe

TOR Terms of Reference

UEAP Uttarakhand Emergency Assistance Project


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Project Fact Sheet

Funded by ASIAN DEVELOPMENT BANK

Loan Details 3055- IND Uttarakhand Emergency Assistance Project

Sub- project Roads and Bridges, DSC-2Garhwal Region: Subproject C-34(Reconstruction and Rehabilitation of Internal Roads of Nagar Palika Gopeshwar)

Executing Agency State Disaster Management Authority, Govt. of Uttarakhand

Implementing Authority

Project Implementation Unit (PIU)- Roads & Bridges (R&B), Department, Govt. of Uttarakhand


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Preparation of Report

Prepared by:

Dr. Debashish Bhattacharya Social Expert Design and Supervision Consultant (PWD/UEAP/DSC-2 Garhwal 1) for Uttarakhand Emergency Assistance Project (UEAP) SMEC INDIA PVT LTD Priyavansh Niwas, Village & Post Srikot Near Petrol Pump, Srinagar-Garhwal-246174 Distt. Pauri Uttarakhand M +91 9958544885 / 9868817865 Email [email protected] Date: 12.02.2016

Verified by: Col. R. K. Aima Team Leader Design and Supervision Consultant (PWD/UEAP/DSC-2 Garhwal 1) for Uttarakhand Emergency Assistance Project (UEAP) SMEC INDIA PVT LTD Priyavansh Niwas, Village & Post Srikot Near Petrol Pump, Srinagar-Garhwal-246174 Distt. Pauri Uttarakhand M +91 9575433533 Email [email protected] | www.smec.com Date: 12.02.2016

mailto:[email protected]

mailto:[email protected]

https://mail.smecnet.com/OWA/redir.aspx?C=4f20c2923eee4db393db7187ffff013b&URL=http%3a%2f%2fwww.smec.com%2f




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1. Introduction

A. Background

1. The State of Uttarakhand suffered from major cloud bursts, incessant rains and major floods in the upper valleys during 15-17 June 2013 that resulted in severe damages in several parts of Uttarakhand. The districts of Chamoli, Rudraprayag and Pauri were directly affected by this disaster. These regions are among the country’s most important pilgrimage centres and the calamity occurred during the peak pilgrimage season. Several roads and bridges have been washed away by the unprecedented flash floods and landslides. A large number of houses, public buildings, roads and bridges, urban and rural infrastructure has been damaged. To restore and rebuild the damaged infrastructures, especially the road connectivity network in the state, the Uttarakhand Emergency Assistance Project (UEAP) has been taken up which envisages rehabilitation and reconstruction of state roads and bridges, tourism infrastructure (including construction of helipads and trekking routes), urban roads and buildings.

2. Through the implementation of the UEAP the expected outcome will be economic and social

recovery from the disaster in Uttarakhand State.

3. Broadly, the works in Garhwal region comprise restoration of the road to its original shape with the clearance of slip and construction of retaining and breast walls, drains, crash barriers and improvement of riding surface by resurfacing through cement concrete and BM/SDBC. These will be constructed as per MORD/ MoRTH Specifications and as per the IRC guidelines. The Program will improve road connectivity and will improve the quality of life of the poor in the project influenced areas. The strengthening and rehabilitation of road will be restricted to affected lengths and alignments of proposed subprojects.

B. Need for the Subproject

4. The subproject under consideration has been taken up for restoring the damaged road

network within the urban limits of Gopeshwar Town. This road subproject provides connectivity to internal areas of Gopeshwar Town and after its restoration people from areas like Kund Colony will be well connected with the mainstream.

5. Gopeshwar Town is surrounded by four famous pilgrimage centers like Tunganath Temple,

Anasyua Devi Temple, Rudranath Temple and the world famous Badrinath Temple. The holy town of Kedarnath is also in proximity. Within the urban area of Gopeshwar a famous temple of Lord Shiva, known as Rudranath Temple (also known as Gopinath Temple)is located. Restoration of these roads will help reviving the connectivity to these holy shrines.

6. The proposed sub project is formed of two stretches of roads. These have been provided as

follows:

Table 1: Roads under Subproject C-34 Sl. No. Name of Road Road Length (Km)

1 Kund Colony to Petrol Pump 2.200 2 Internal Roads of Gopeshwar Town connecting Bus Stand

towards Rudranath (Gopinath) Temple 2.600 Total 4.800


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C. Location of the Subproject

7. The subproject road passes majorly through human settlements with a varying formation width (see Figure 1, 2 and 3). At places, the road passes through hilly terrain where landslide and slip occurs especially during monsoon season.

Figure 1: Sketch Map of C-34 (Internal Roads of Gopeshwar Nagar Palika)

Figure 2: Satellite Map of Part 1 (Kund Colony to Petrol Pump) of C-34


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Figure 3: Satellite Map of Part 2 (Central Bus Stand to Rudranath / Gopinath Temple) of C-34

D. Objectives of the Subproject

8. The objectives of the subproject are: The main objectives of the subproject are to reinstate the road network of

Gopeshwar town and also to revive the regional road network damaged due to the natural calamity of 2013.

E. Scope of this Subproject

9. The ADB funded UEAP project covers the scope of reconstruction of the internal roads of

Gopeshwar Nagar Palika considered as Subproject C-34. The restoration of the affected 4.800 km is to be done within the existing ROW (Refer Table 1 and Figure 1).

10. The scope of this subproject includes restoration of the roads with WBM (G3), profile

correction by BM, resurfacing by SDBC in heavily damaged blacktop portion of the roads, restoration of traffic signs, markings and appurtenances. All these need to be carried out under MORT&H/MORD specifications.

2. Project Impact and Outcome

11. The outcome of the subproject will be mainly restoring the road network which is vital for the movement of the local people with a wider objective of restoring social and economic life in the region. Better infrastructure of roads would encourage reviving the pilgrimage tourism in this part of Uttarakhand State which in turn would boost the income earning opportunities for the local people in tourist business.

F. Requirement of Due Diligence Report

12. The subproject is taken up for reconstruction of the internal road network of Gopeshwar. In

line with the scope of UEAP, the subproject is envisaged as fast track and has been planned to provide easement to the existing but severely damaged portions of the road network within the current ROW. There is no scope for widening any stretch but to restore and reconstruct the road to its existing carriageway. Thus, this subproject does neither require land acquisition nor does it impact any structure along its course.


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13. The project road stretches under C-34 pass through urban limits of Gopeshwar Town. The

roads pass through areas having dense populated urban residences and commercial establishments like small shops. Moreover, if the entire road towards the Rudranath Temple is closed for reconstruction activities in the day then there may be unrest among local communities and chances are there for increased loss of livelihoods.

14. There are many small mobile vendors found on the street, putting up their commercial

business throughout the day. Near the central bus stand of Gopeshwar Town, that being the hub of activities and movement of people, the vendors park their carts full of products for sell. These are mainly doing business of vegetables, fruits and readymade eatables. 19 such mobile vendors have been identified to have temporary adverse impact on their livelihoods as per census survey carried out during May-June 2014 and as reported in the RP prepared for this subproject. However, it was observed that as a usual practice in this hilly region, all the vendors remove their carts after close of business by the fall of night.

15. The ground situation that the mobile vendors work till fall of the night and remove their

vending carts after business led to the idea of rescheduling road construction activities at night to minimize the impact on livelihoods. Moreover, consultations with the roadside communities and affected mobile vendors have been carried out for information dissemination on night-shift works and to record their views on the process. Community at large agreed with the strategy of night-shift work and they appreciated the strategy as they perceived no-impact on their livelihoods in any form. This strategy was also considered as there is no other alternative route to divert traffic and allow mobile vendors to carry out their day-business without interruption during road construction works. Subsequently, a discussion was held with the contractor of this subproject to check feasibility of night-shift activities from construction point of view. When the contractor agreed on feasibility of night-shift of work the EA was approached with these observations for their view and final decision. After being convinced of the applicability of the night-shift of activities, the EA issued a letter to all concerned on the subject of rescheduling road construction activities in the urban limits through which the subproject passed. This was evident in the Letter No. 1343/02/UEAP/PWD/2015 dated 18/09/2015 issued by the CE, ADB UEAP (R&B) Dehradun (Annexure 1). The letter stated that daytime road resurfacing and related construction activities in urban roads, densely populated / market areas would hamper traffic flow which would affect the running of schools and offices along the roads as there would be no alternative route for them, restrict access to shops and mobile vendors carrying out business along the road and would thereby result in loss of livelihoods for the commercial establishments. Thus, in this letter it was advised to all contractors to carry out construction activities in urban areas after 5.00 pm and during night. In another letter (Letter No. 15702/UEAP/PWD/2015-2016 dated 27/01/2016 issued by CE, ADB UEAP (R&B) Dehradun appended as Annexure 2) specific guidelines have been recommended to continue works only till 10.00 p.m. from the time the shops are closed referring EMMP, Serial no. C-4.3.1 in order to reduce noise pollution levels. These restrictions have also been advised in road construction activities especially near residential areas, schools and hospitals.

16. It has been observed that in different seasons of summer and winter the business of petty vendors come to a close up till sunset thus varying in time between 5.00 p.m. (winter) and 6.00 p.m. to 6.30 p.m. (in summer). Thus, night-shift of construction activities may be considered to start after 5.00 p.m. (in winter) and after 6.30 p.m. in summer months for avoiding impacts on vendors’ livelihoods. Moreover, due to severe cold climatic condition the


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night shift works would only be possible to be carried out till 10.00 p.m. The Environmental Management and Monitoring Plan (EMMP) for this project also suggested to carry out all night shift works till 10.00 p.m. and refrain from any work between 10.00 p.m. and 6.00 a.m. in order to avoid noise pollution during night shifts to allow residents of the locality to have undisturbed sleep (Refer Serial No. C.4.3.1 of the EMMP).This stipulates the activities to be performed by the contractors to take care of noise pollution mentioned as follows:

• All construction plants and equipment used in construction shall strictly conform to the

Ministry of Environment and Forests (MOEF)/Central Pollution Control Board (CPCB) noise standards.

• All vehicles and equipment used in construction shall be fitted with exhaust silencers. • Servicing of all construction vehicles and machinery shall be done regularly and during

routine servicing operations, the effectiveness of exhaust silencers shall be checked and if found defective shall be replaced.

• The equipment available in the market should be procured, if the Contractor plans to purchase new equipment. For the old equipment, necessary or possible alterations must be carried out to reduce the noise levels to the possible extent.

• Maintenance of vehicles, equipment and machinery shall be regular and up to the satisfaction of the Environmental Specialist of DSC to keep noise levels at the minimum.

• At the construction sites within 150 m of the nearest habitation, noisy construction work such as crushing, operation of DG sets, use of high noise generation equipment shall be stopped during the night time between 10.00 pm to 6.00 am. Working hours of the construction activities shall be restricted around educational institutions/Health Centers (silent zones) up to a distance of 100 m from the sensitive receptors i.e., School, Health Centers and Hospitals etc. Contractor shall provide noise barriers to the suggested locations of select Schools.

• Noise monitoring shall be carried out at the locations specified in monitoring plan by the UEAP and the engineer through the approved monitoring agency.

Plate 1: Photographic Documentation of Gopeshwar Internal Nagar Palika Roads (C-34)

Starting Ch. of C-34 (Gopeshwar Internal Roads) Mobile vendors near Bus Stand


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Mobile vendors near GMVN Hotel Central Bus Stand and vehicles parked

17. The end chainage of the sub-project is about 20 m away from the boundaries of ‘Rudranath

Temple (also known as Gopinath Temple)’ and a ‘Trident’ too present within the Rudranath/Gopinath temple complex, both of which are Archeological Survey of India (ASI) protected monuments. The road towards the Rudranath Temple has been rehabilitated by patchworks and the nearest patchwork location remains about 50 m away from the ASI monument complex.

18. Adequate measures have been suggested through Initial Environmental Examination (IEE)

to minimize any impact on these ASI monuments. Due no objection certificate (NOC) will be taken by the client from ASI before road reconstruction activities within prohibited / regulated area of the monuments. The archaeological structures identified along the road sides shall be protected/ preserved or enhanced as per the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and its amendment thereafter. (Refer page nos. 83-84 and paragraph no. C 6.3 of EMMP of IEE Report).

19. Keeping the above information in view it is assessed that there is no IR impacts. There is

neither any impact on land nor on livelihoods of people along the subproject. However, as per the subproject requirements there is a need to go for a due diligence to check all compliances in accordance with the Safeguard Policy Statement of ADB (June, 2009).

Plate 2: Photographic Documentation of C-34 towards Rudranath Temple in Gopeshwar

Town

Starting Ch. of another part of C-34 towards Rudranath Temple Location of Rudranath Temple more than 20 m away from

Starting Ch.


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3. Scope of Land Acquisition and Resettlement

20. The subproject does not require any land uptake as the reconstruction and rehabilitation of the roads have been planned within the ROW, to be specific, well within the existing bitumen (carriageway) width. The subproject also does not pose any threat, even temporary, on livelihoods of local traders / roadside vendors. Though there had been 19 vendors considered to be affected as per surveys carried out in May-June 2014, the impacts have been minimized adopting night-shift of construction activities mentioned earlier. The following table presents the number of DPs as per RP and that after the impacts are minimized.

Table2: Minimization of Impacts

No. of DPs before Minimization of

Impacts

No. of DPs after Minimization of

Impacts

Mitigation Measures

19 0 Impacts minimized by adopting night shift of road construction as per Annuxrures 1 and 2).

21. In all, there is no titleholder (TH) of any land or structures or any non-titleholder (NTH)

having any adverse social impact due to the implementation of the subproject. Hence, the subproject does not have any resettlement impact.

4. Project Impact and Outcome

22. The outcome of the subproject will be mainly restoring the road network which is vital for the movement of the local people with a wider objective of restoring social and economic life in the region. Better infrastructure of roads would encourage reviving the pilgrimage tourism in this part of Uttarakhand State which in turn would boost the income earning opportunities for the local people in tourist business.

5. Indigenous Peoples

23. Compared to national average of above 8%, only around 3% of scheduled tribes (STs) are present in Uttarakhand state. They are mostly concentrated in Dehradun and Udham Singh Nagar Districts that are less affected due to the disaster of June 2013. However, Gopeshwar Town comes under Chamoli District which has insignificant concentration of ST groups or indigenous peoples (IP). No IP population is impacted in C-34 subproject as it is not an IP dominated area.

24. However, in case any unforeseen, direct or indirect impact on tribal communities being

identified during any stage of the project implementation, all the measures will be taken as per Indigenous Peoples’ Policy Framework to minimize impacts on them. This subproject will definitely support economic growth of local communities including Tribes (in case they are).


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6. Gender Issue

25. There were 5 woman headed households (WHH) found among affected vendors along the subproject as per the RP. However, there is no affected WHH since all the IR impacts have been minimized.

7. Public Consultation

26. At the initial stage public consultation was carried out by the concerned Department (PIU) and DSC-2 R & R consultant as well as other members from the DSC-2 technical teamto disseminates project information and awareness creation about the project among the road users and local communities including shopkeepers during May-June 2014.

27. During the initial public consultation all the 19 affected vendors mentioned in the RP have

been consulted. All these DPs were found to carry out petty business on their mobile carts selling vegetables, fruits, ready-made eatables, pan shop, tea stalls or doing cobbler’s work.

28. After adopting the night-shift of construction works in order to minimize the livelihoods

impacts of the vendors along the subproject, public consultation has been conducted during December 2015. However, none of the vendors mentioned in the RP could be located as the vendors operate seasonally. Thus, in December 2015 it was observed that the set of vendors and their products have changed due to business in seasonal products.

29. During public consultation in December 2015 individual interactions have been made with 4

persons. Mr. Akash, a young man of 25 years of age was interacted with who was a vegetable seller and put up his mobile vendor in front of the hotel of Garhwal Mandal Vikas Nigam (GMVN). Mr. Bilal, a fruit seller of the age of 28 has been interacted also in front of the GMVN hotel. Both Akash and Bilal expressed their happiness for the adoption of night-shift of road construction activities which was implied with no-impact on their daytime business. However, both of these vendors were new and were not mentioned in the enlisted affected vendors doing business in front of the GMVN hotel during census survey in May-June 2014. Two more mobile vendors, one doing business in roasted groundnuts and sesame candies(Mr. Virender, age 37 years) and the other (Mr. Satish, age 45 years) selling fast food (Gupchup or Panipuri) were interacted with near the bus stand on the subproject. Both of them were outsiders and came from Uttar Pradesh for running seasonal business in Gopeshwar Town.

30. Community consulted at large agreed with the strategy of night-shift work and they appreciated the strategy as they perceived no-impact on their livelihoods in any form.


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Plate 3: Photographic Documentation of Public Consultation with Mobile Vendors on C-34

Public consultation with Mr. Virender, a roaster groundnut seller being carried out at Bus Stand, Gopeshwar

Public consultation being carried out at Bus Stand, Gopeshwar with Mr. Satish selling fast food.

Public consultation with Mr. Bilal, a fruits-seller being carried in front of GMVN Hotel, Gopeshwar

Public consultation being carried out with Mr. Akash, a vegetable-seller in front of GMVN Hotel, Gopeshwar

8. Grievance Redress Mechanism

31. The EA has established a mechanism to receive and facilitate the resolution of displaced persons’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups.

32. The grievance redress mechanism intends to address concerns and complaints of APs and

DPs promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the displaced persons at no costs and without any retribution.

33. A Grievance Redress Committee (GRC) has been formed at the PMU Level of UEAP. The

GRC is a voluntary body and will continue to function, for the benefit of the DPs, during the entire project cycle. The contact information of GRC are:

Phone No.: 0135-2708376

E-mail ID: [email protected]


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9. Findings

34. In this subproject there is no scope of land acquisition. Since the reconstruction and restoration works will be carried out only within the existing carriageway width of the road.

35. Adverse impact on income earning for mobile vendors doing their business on the road

carriageway in Gopeshwar Town has been minimized by road reconstruction activities carried out only after the commercial activities are over w.r.t. office orders issued by CE, ADB UEAP (R&B) Dehradun (Annuxrures 1 and 2). Thus, there is no loss of livelihoods. Problems of noise pollution during night also reduced for adopting night shift works till 10.00 p.m.

36. No IP population is impacted in C-34 subproject as Chamoli District is not an IP dominated

area. There is no IP person living in the project area.

37. No WHH have been impacted. 10. Conclusions

38. The subproject C-34 does not pose any threat of adverse social impact on private land and structures along the subproject.

39. The impact on livelihoods of mobile vendors has been avoided by adopting night-shift of

road reconstruction activities being carried out after the commercial activities of these vendors are over by the end of the day and within 10 p.m. following EMMP guidelines.

40. This subproject does not have any adverse social impact on Indigenous Peoples or Tribal

Communities.


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Annexure 1: Circular on Reconstruction Works in Night Shifts


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Annexure 2: Circular on Minimization of IR and IP Impacts

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